Agenda packet — Costa Mesa City Council, June 17, 2025 (part 1 of 2)

CITY OF COSTA MESA
REGULAR CITY COUNCIL AND HOUSING AUTHORITY*
Agenda - Final Amended
City Council Chambers
77 Fair Drive
6:00 PMTuesday, June 17, 2025
*Note: All agency memberships are reflected in the title "Council Member" 4:00 P.M. Closed Session
REMOVED FROM THE AGENDA:

NEW BUSINESS ITEM NUMBER 4: DISCUSS THE POSSIBILITY OF ELIMINATING

PUBLIC COMMENTS VIA ZOOM FOR CITY MEETINGS
The City Council meetings are presented in a hybrid format, both in-person at City Hall and as a courtesy virtually via Zoom Webinar. If the Zoom feature is having technical difficulties or experiencing any other critical issues, and unless required by the Brown Act, the meeting will continue in person.

TRANSLATION SERVICES AVAILABLE / SERVICIOS DE TRADUCCIÓN DISPONIBLE Please contact the City Clerk at (714) 754-5225 to request language interpreting services for City meetings. Notification at least 48 hours prior to the meeting will enable the City to make arrangements.

Favor de comunicarse con la Secretaria Municipal al (714) 754-5225 para solicitar servicios de interpretación de idioma para las juntas de la Ciudad. Se pide notificación por lo mínimo 48 horas de anticipación, esto permite que la Ciudad haga los arreglos necesarios.

Members of the public can view the City Council meetings live on COSTA MESA TV (SPECTRUM CHANNEL 3 AND AT&T U-VERSE CHANNEL 99) or
http://costamesa.granicus.com/player/camera/2?publish_id=10&redirect=true and online at youtube.com/costamesatv.

Closed Captioning is available via the Zoom option in English and Spanish.

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Agenda - Final Amended June 17, 2025
As a courtesy, the public may participate via the Zoom option.

Zoom Webinar: (For both 4:00 p.m. and 6:00 p.m. meetings) Please click the link below to join the webinar:
https://us06web.zoom.us/j/89982812676?pwd=oX6BGzSScr92QUVyg1m0SN8HSTnoqj.1 Or sign into Zoom.com and “Join a Meeting”
Enter Webinar ID: 899 8281 2676/ Password: 772583
• If Zoom is not already installed on your computer, click “Download & Run Zoom” on the launch page and press “Run” when prompted by your browser. If Zoom has previously been installed on your computer, please allow a few moments for the application to launch automatically.
• Select “Join Audio via Computer.”
• The virtual conference room will open. If you receive a message reading, “Please wait for the host to start this meeting,” simply remain in the room until the meeting begins.
• During the Public Comment Period, use the “raise hand” feature located in the participants’ window and wait for city staff to announce your name and unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed.

Participate via telephone: (For both 4:00 p.m. and 6:00 p.m. meetings) Call: 1 669 900 6833 Enter Webinar ID: 899 8281 2676/ Password: 772583 During the Public Comment Period, press *9 to add yourself to the queue and wait for city staff to announce your name/phone number and press *6 to unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed.

Note, if you have installed a zoom update, please restart your computer before participating in the meeting.

Additionally, members of the public who wish to make a written comment on a specific agenda item, may submit a written comment via email to the City Clerk at [email protected].

Any written communications, photos, or other materials for copying and distribution to the City Council that are 10 pages or less, can be e-mailed to [email protected], submitted to the City Clerk’s Office on a flash drive, or mailed to the City Clerk’s Office. Kindly submit materials to the City Clerk AS EARLY AS POSSIBLE, BUT NO LATER THAN 12:00 p.m. on the day of the meeting.

Comments received by 12:00 p.m. on the day of the meeting will be provided to the City Council, made available to the public, and will be part of the meeting record.

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Agenda - Final Amended June 17, 2025
Please know that it is important for the City to allow public participation at this meeting. If you are unable to participate in the meeting via the processes set forth above, please contact the City Clerk at (714) 754-5225 or [email protected] and staff will attempt to accommodate you. While the City does not expect there to be any changes to the above process for participating in this meeting, if there is a change, the City will post the information as soon as possible to the City’s website.

Note that records submitted by the public will not be redacted in any way and will be posted online as submitted, including any personal contact information. All pictures, PowerPoints, and videos submitted for display at a public meeting must be previously reviewed by staff to verify appropriateness for general audiences. This includes items submitted for the overhead screen during the meeting. Items submitted for the overhead screen should be 1 page and provided to the City Clerk prior to the start of the meeting. No links to YouTube videos or other streaming services will be accepted, a direct video file will need to be emailed to staff prior to each meeting in order to minimize complications and to play the video without delay. The video must be one of the following formats, .mp4, .mov or .wmv. Only one file may be included per speaker for public comments, for both videos and pictures. Please e-mail to the City Clerk at [email protected] NO LATER THAN 12:00 Noon on the date of the meeting. If you do not receive confirmation from the city prior to the meeting, please call the City Clerks office at 714-754-5225.

Note regarding agenda-related documents provided to a majority of the City Council after distribution of the City Council agenda packet (GC §54957.5): Any related documents provided to a majority of the City Council after distribution of the City Council Agenda Packets will be made available for public inspection. Such documents will be posted on the city’s website and will be available at the City Clerk's office, 77 Fair Drive, Costa Mesa, CA 92626.

All cell phones and other electronic devices are to be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to conduct a phone conversation.

Free Wi-Fi is available in the Council Chambers during the meetings. The network username available is: CM_Council. The password is: cmcouncil1953.

As a LEED Gold Certified City, Costa Mesa is fully committed to environmental sustainability.

A minimum number of hard copies of the agenda will be available in the Council Chambers.

For your convenience, a binder of the entire agenda packet will be at the table in the foyer of the Council Chambers for viewing. Agendas and reports can be viewed on the City website at https://costamesa.legistar.com/Calendar.aspx. Las agendas y los informes se pueden ver en español en el sitio web de la Ciudad en
https://www.costamesaca.gov/trending/current-agendas/spanish-city-council-agendas.

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Agenda - Final Amended June 17, 2025
In compliance with the Americans with Disabilities Act, Assistive Listening headphones are available and can be checked out from the City Clerk. If you need special assistance to participate in this meeting, please contact the City Clerk at (714) 754-5225. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II].

En conformidad con la Ley de Estadounidenses con Discapacidades (ADA), aparatos de asistencia están disponibles y podrán ser prestados notificando a la Secretaria Municipal. Si necesita asistencia especial para participar en esta junta, comuníquese con la oficina de la Secretaria Municipal al (714) 754-5225. Se pide dar notificación a la Ciudad por lo mínimo 48 horas de anticipación para garantizar accesibilidad razonable a la junta. [28 CFR

35.102.35.104 ADA Title II].

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Agenda - Final Amended June 17, 2025
CLOSED SESSION - 4:00 P.M.

CALL TO ORDER

ROLL CALL
PUBLIC COMMENTS Members of the public are welcome to address the City Council only on those items on the Closed Session agenda. Each member of the public will be given a total of three minutes to speak on all items on the Closed Session agenda.

CLOSED SESSION ITEMS:

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATION OF LITIGATION - ONE CASE
Pursuant to California Government Code Section 54956.9 (d)(2), Potential Litigation.

2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Coats v. City of Costa Mesa
United States District Court, Central Dist. of CA, Case No. 8:24-cv-02337-JVS-JDE

3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Jeanie O’Keefe v. City of Costa Mesa
Orange County Superior Court Case No. 30-2024-01443154-CU-PO-CJC

4. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to California Government Code Section 54957(b)(1) Title: City Manager

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Agenda - Final Amended June 17, 2025

REGULAR MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY JUNE 17, 2025 – 6:00 P.M.

JOHN STEPHENS
Mayor

MANUEL CHAVEZ ANDREA MARR Mayor Pro Tem - District 4 Council Member - District 3

ARLIS REYNOLDS LOREN GAMEROS Council Member - District 5 Council Member - District 2

JEFF PETTIS MIKE BULEY Council Member - District 6 Council Member - District 1

KIMBERLY HALL BARLOW CECILIA GALLARDO-DALY City Attorney Interim City Manager

CALL TO ORDER

NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE

MOMENT OF SOLEMN EXPRESSION
[Per Council Policy 000-12, these presentations are made by community volunteers stating their own views. The City Council disclaims any intent to endorse or sponsor the views of any speaker.]

ROLL CALL

CITY ATTORNEY CLOSED SESSION REPORT
PRESENTATIONS:

1. Presentation: Recognition of Golden West League Champions Costa Mesa High School Baseball

2. Presentation: Recognition of CIF Southern Champions Estancia High School Baseball Team
PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Comments on Presentations and Consent Calendar items may also be heard at this time. Comments are limited to 3 minutes, or as otherwise directed.

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Agenda - Final Amended June 17, 2025

COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Each council member is limited to 3 minutes. Additional comments will be heard at the end of the meeting.

1. Council Member Gameros

2. Council Member Marr

3. Council Member Reynolds

4. Council Member Pettis

5. Council Member Buley

6. Mayor Pro Tem Chavez

7. Mayor Stephens
REPORT – CITY MANAGER
REPORT – CITY ATTORNEY

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and will be acted upon in one motion. There will be no separate discussion of these items unless members of the City Council, staff, or the public request specific items to be discussed and/or removed from the Consent Calendar for discussion.

1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL

ORDINANCES AND RESOLUTIONS
25-351
RECOMMENDATION:

City Council and Housing Authority approve the reading by title only and waive further reading of Ordinances and Resolutions.

2. READING FOLDER 25-352
RECOMMENDATION:

City Council receive and file Claims received by the City Clerk and authorize staff to reject any and all Claims: Debra Von Trapp.

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Agenda - Final Amended June 17, 2025

3. ADOPTION OF WARRANT RESOLUTION 25-331
RECOMMENDATION:

City Council approve Warrant Resolution No. 2736.

1. Summary Check Registration 5-22-2025

2. Summary Check Registration 5-28-2025

3. Summary Check Registration 6-5-2025
Attachments:

4. MINUTES 25-353
RECOMMENDATION:

City Council approve the minutes of the regular meeting of May 20, 2025.

1. 05-20-2025 Draft MinutesAttachments:

5. TOWING SERVICES CONTRACT 25-292
RECOMMENDATION:

Staff recommends the City Council:

1. Approve and authorize the City Manager and City Clerk to execute five-year Professional Services Agreement (PSA), to provide towing services of private vehicles, effective July 1, 2025 - June 30, 2030, in a form as approved by the City Attorney for towing services to:
· G& W Towing
· MetroPro Road Services, Inc.
· Southside Towing

2. Approve and authorize the City Manager and City Clerk to execute five-year Professional Services Agreement (PSA), to provide towing services of City owned vehicles and equipment, in an annual amount not- to-exceed $5,000, effective July 1, 2025 - June 30, 2030, in a form as approved by the City Attorney for towing services to:
· G& W Towing
· MetroPro Road Services, Inc.
· Southside Towing

3. Authorize the City Manager and City Clerk to execute the agreements and future amendments to the agreements.

1. PSA with G&W TowingAttachments:

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Agenda - Final Amended June 17, 2025

6. PROFESSIONAL SERVICES AGREEMENT FOR SOLID WASTE

COLLECTION SERVICES AT CITY FACILITIES
25-327
RECOMMENDATION:

Staff recommends the City Council:

1. Award a Professional Services Agreement (PSA) with Ware Disposal, Inc ., 1035 E. 4th Street, Santa Ana, CA 92701, for a two ( 2) year agreement and up to three ( 3) additional one-year term periods for Solid Waste Collection Services at City facilities for a not- to-exceed initial annual cost of $145,667, and future annual increases equal to or less than the Consumer Price Index (CPI).

2. Authorize a ten percent (10%) contingency annually for emergency response, special events and other unforeseen costs and approval for Consumer Price Index (CPI) escalation and de-escalation.

3. Authorize the City Manager and City Clerk to execute the PSA and any future amendments to the agreement, only if the rate increase is equal to or less than the annual Consumer Price Index (CPI).

1. Bid Results

2. Proposed PSA with Ware Disposal, Inc.

Attachments:

AT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT

CALENDAR
------------------------------END OF CONSENT CALENDAR------------------------------- PUBLIC HEARINGS: NONE.
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.) OLD BUSINESS: NONE.

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NEW BUSINESS:

1. ENHANCED MOBILITY FOR SENIORS AND INDIVIDUALS WITH

DISABILITIES GRANT FUNDING - OCTA
25-234
RECOMMENDATION:

Staff recommends the City Council:

1. Accept the Enhanced Mobility for Seniors and Individuals with Disabilities (EMSD) grant funding in the amount of $237,600 from Orange County Transportation Authority (OCTA).

2. Authorize a budgetary increase of $237,600 to be funded by the EMSD grant reimbursements.

3. Increase the annual not- to-exceed amount of the current Professional Services Agreement (PSA) with Orange County Yellow Cooperative, Inc, formerly Cabco Yellow, by $200,000 for a total annual amount of $500,000 with an additional 10% contingency.

4. Authorize the Interim City Manager and City Clerk to execute Amendment No. 2 to the PSA and any future changes and amendments to the agreement within Council authorized limits.

1. Award LetterAttachments:

2. PROFESSIONAL SERVICES AGREEMENT WITH HOAG EXECUTIVE

HEALTH FOR A WELLNESS PROGRAM
25-273
RECOMMENDATION:

Staff recommends the City Council:

1. Award a Professional Services Agreement (PSA) to HOAG Executive Health to provide a wellness program for a five-year term, effective July 1, 2025 - June 30, 2030, for a not to exceed amount of $150,000 annually.

2. Authorize the City Manager and City Clerk to execute the PSA and any future amendments to the agreement.

1. PSA with HOAG Executive HealthAttachments:

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Agenda - Final Amended June 17, 2025

3. ADOPTION OF THE AGREEMENTS FOR SUCCESSOR

MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY

OF COSTA MESA (CITY) AND THE COSTA MESA POLICE

ASSOCIATION (CMPA), THE COSTA MESA POLICE MANAGEMENT

ASSOCIATION (CMPMA), THE COSTA MESA CITY EMPLOYEES

ASSOCIATION (CMCEA) AND THE CONFIDENTIAL UNIT AND THE

ADOPTION OF ACCOMPANYING SALARY RESOLUTIONS
25-338
RECOMMENDATION:

Staff recommends the City Council:

1. Approve and Adopt Agreement for Successor MOU between the City of Costa Mesa and CMPA (Attachment 1).

2. Approve and Adopt Agreement for Successor MOU between the City of Costa Mesa and CMPMA (Attachment 2).

3. Approve and Adopt Agreement for Successor MOU between the City of Costa Mesa and CMCEA (Attachment 3).

4. Approve and Adopt Resolution Number 2025-20 revising the pay ranges for CMPA (Attachment 4).

5. Approve and Adopt Resolution Number 2025-21 revising the pay ranges for CMPMA (Attachment 5).

6. Approve and Adopt Resolutions Number 2025-22, 2025-23 and 2025-24 revising the pay ranges for CMCEA (Attachments 6, 7 and 8).

7. Approve and Adopt Resolutions Number 2025-25, 2025-26 and 2025-27 revising the pay ranges for the Confidential Unit (Attachments 9, 10 and 11).

8. Approve the Fiscal Impact Analyses (Attachment 12).

9. Authorize the Interim City Manager and members of the City’s Negotiation Team to execute the Letters of Agreement documents.

1. CMPA Agreement

2. CMPMA Agreement

3. CMCEA Agreement

4. CMPA Salary Resolution

5. CMPMA Salary Resolution

6. CMCEA Salary Resolution July 2025

7. CMCEA Salary Resolution Jan 2026

8. CMCEA Salary Resolution Apr 2026

9. Confidential Salary Resolution July 2025

10. Confidential Salary Resolution Jan 2026

11. Confidential Salary Resolution Apr 2026

12. Fiscal Analyses
Attachments:

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Agenda - Final Amended June 17, 2025

4. DISCUSS THE POSSIBILITY OF ELIMINATING PUBLIC COMMENTS VIA ZOOM

FOR CITY MEETINGS

ADDITIONAL COUNCIL /BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND

SUGGESTIONS

ADJOURNMENT

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12 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-351 Meeting Date: 6/17/2025
TITLE:

PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL ORDINANCES AND

RESOLUTIONS
RECOMMENDATION:

City Council and Housing Authority approve the reading by title only and waive further reading of Ordinances and Resolutions.

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13 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-352 Meeting Date: 6/17/2025
TITLE:

READING FOLDER
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:

City Council receive and file Claims received by the City Clerk and authorize staff to reject any and all Claims: Debra Von Trapp.

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14 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-331 Meeting Date: 6/17/2025
TITLE:

ADOPTION OF WARRANT RESOLUTION
DEPARTMENT: FINANCE DEPARTMENT
PRESENTED BY: CAROL MOLINA, FINANCE DIRECTOR
CONTACT INFORMATION: CAROL MOLINA, FINANCE DIRECTOR AT (714) 754-5243 RECOMMENDATION:

City Council approve Warrant Resolution No. 2736.

BACKGROUND:

In accordance with Section 37202 of the California Government Code, the Director of Finance or their designated representative hereby certify to the accuracy of the following demands and to the availability of funds for payment thereof.

FISCAL REVIEW:

Funding Payroll Register No. 25-11 On Cycle for $3,902,565.34, and 25-12 On Cycle for $3,918,796.67, and City operating expenses for $4,556,406.49.

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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-353 Meeting Date: 6/17/2025
TITLE:

MINUTES
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:

City Council approve the minutes of the regular meeting of May 20, 2025.

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79 Minutes – Regular Meeting May 20, 2025 Page 1 of 11

REGULAR CITY COUNCIL AND HOUSING AUTHORITY
MAY 20, 2025 - SPECIAL CLOSED SESSION - MINUTES
CALL TO ORDER – The Special Closed Session meeting was called to order by Mayor Stephens at 3:00 p.m.

ROLL CALL

Present: Council Member Buley, Council Member Gameros (arrived at 4:20 p.m.), Council Member Marr, Council Member Pettis, Council Member Reynolds (arrived at 4:20 p.m., Via Zoom Webinar), Mayor Pro Tem Chavez, and Mayor Stephens.

Absent: None.

PUBLIC COMMENTS – NONE.

CLOSED SESSION ITEMS:

1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Ohio House, LLC v. City of Costa Mesa, USDC, Central District of CA, Case No. 8:19 cv 01710 DOC (KESx)

2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: City of Costa Mesa v. Ohio House, LLC, a California limited liability corporation; Richard Perlin, Nancy Perlin, Dolores Perlin, and Brandon Stump as individuals, Orange County Superior Court Case No. 30-2018-01006173-CU-OR-NJC

3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Insight Psychology and Addiction, Inc. v. City of Costa Mesa, U.S. District Court, Central District of California, Case No. 8:20 cv 00504 JVS JDE

4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to California Government Code Section 54956.8
APN: 424-051-23; Property: 778 Shalimar Drive, Costa Mesa, CA 92627 Agency Negotiators: Cecilia Gallardo-Daly, Assistant City Manager Negotiating Parties: Dominic Bulone
Under Negotiation: Price and Terms of Payment
80 Minutes – Regular Meeting May 20, 2025 Page 2 of 11

5. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to California Government Code Section 54956.8
Fairview Developmental Center; APN: 420-012-16
Property: 2501 Harbor Blvd., Costa Mesa, CA 92626
Agency Negotiators: Cecilia Gallardo-Daly, Assistant City Manager Negotiating Parties: State of California
Under Negotiation: Price and Terms of Payment

6. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to California Government Code Section 54956.8
APN: 140-041-81
Property: 3333 Susan Street, Costa Mesa, CA 92626
Agency Negotiator: Cecilia Gallardo-Daly, Assistant City Manager Negotiating Parties: Legacy Partners
Under Negotiation: Price and Terms of Payment

7. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6(a) Agency Designated Representative: Cecilia Gallardo-Daly, Assistant City Manager Name of Employee Organization: Costa Mesa Police Association (CMPA)

8. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6(a) Agency Designated Representative: Cecilia Gallardo-Daly, Assistant City Manager Name of Employee Organization: Costa Mesa Police Management Association (CMPMA)

9. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6(a) Agency Designated Representative: Cecilia Gallardo-Daly, Assistant City Manager Name of Employee Organization: Costa Mesa City Employees Association (CMCEA)

10. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6(a) Agency Designated Representative: Cecilia Gallardo-Daly, Assistant City Manager Name of Employee Organization: Costa Mesa Confidential Unit

11. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6(a) Agency Designated Representative: Cecilia Gallardo-Daly, Assistant City Manager Name of Employee Organization: Costa Mesa Division Managers Association

12. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6(a) Agency Designated Representative: Cecilia Gallardo-Daly, Assistant City Manager Name of Employee Organization: Costa Mesa Confidential Management Unit 81 Minutes – Regular Meeting May 20, 2025 Page 3 of 11

13. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6(a) Agency Designated Representative: Cecilia Gallardo-Daly, Assistant City Manager Name of Employee Organization: Costa Mesa City Executive Unit

14. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATION OF LITIGATION - TWO CASES
Pursuant to California Government Code Section 54956.9 (d)(2), Potential Litigation

15. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION - ONE CASE Pursuant to California Government Code Section 54956.9 (d)(4), Potential Litigation Name of Case: City and County of San Francisco, et al. v. Trump, USDC N. Dist. of CA, Case No. 25-cv-01350-WHO
City Council recessed at 3:04 p.m. for Closed Session.

Closed Session recessed to the open session at 5:52 p.m.

Closed Session resumed at 9:13 p.m., after the open session.

Closed Session adjourned at 11:08 p.m. and the City Attorney reported: Motion by Council Member Gameros, Second by Council Member Buley, to retain Greg Labate of Sheppard Mullin Richter & Hampton LLP to defend City in connection with anticipated litigation. Motion carried 4-3, with Mayor Pro Tem Chavez, Council Member Marr and Council Member Reynolds voting no.

CALL TO ORDER - The Regular City Council and Housing Authority meeting was called to order by Mayor Stephens at 6:00 p.m.

NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE – A video was played of the National Anthem and the Mayor led the Pledge of Allegiance.

MOMENT OF SOLEMN EXPRESSION – Led by Rabbi Miriam Philips from Temple Bat Yahm.

PRESENTATIONS:

City Council presented a proclamation to Rabbi Miriam Philips in recognition of Jewish American Heritage Month.

City Council recognized NMUSD Student Athletes for their accomplishments.

ROLL CALL

Present: Council Member Buley, Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds (Via Zoom Webinar), Mayor Pro Tem Chavez, and Mayor Stephens.

Absent: None.

CITY ATTORNEY CLOSED SESSION REPORT – No reportable action, will resume after the end of the regular open meeting, and possible reporting on one of the items. 82 Minutes – Regular Meeting May 20, 2025 Page 4 of 11
PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Flo Martin, Costa Mesa, praised the Public Works Department and City Clerk’s office.

Ian Stevenson, spoke on Love Costa Mesa Day and in support of the arts mural program that the Arts Commission has approved.

Cory Benning, Costa Mesa, spoke in support of the arts mural program that the Arts Commission has approved.

Russell Toler, spoke in support of arts murals in support of the mural program that the Arts Commission has approved.

COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Pettis spoke in support of a public facing art initiative for the Arts Commission, thanked Mr. Sethuraman for the quick response to a Costa Mesa 311 app inquiry, and spoke on a Costa Mesa 311 app walk over the weekend.

Council Member Buley spoke in memory of Pat Chamberlain who passed away and requested to adjourn the meeting in his memory.

Council Member Gameros recognized Memorial Day and requested to dedicate the meeting to those who have given their lives in service.

Council Member Marr spoke on Love Costa Mesa Day, spoke on attending the Project Hope Alliance Anti Gala, and requested information on ICE activity in Costa Mesa.

Council Member Reynolds spoke on Love Costa Mesa Day, thanked the Public Works Department for their work, spoke on the Randall Preserve and three plans from the Advisory Committee that the public will have an opportunity to comment on (Resource Management Plan, Public Access Plan, and Coastal Resilience Plan) during a 60 day comment period ending July 14 th, requested assistance from the City for noticing of the meetings, spoke on a fire at the Randall Preserve and using resources to ensure residents and businesses are protected from risk related activities at Randall Preserve, Talbert Park, and Fairview Park.

Mayor Pro Tem Chavez spoke on attending the Leafmore Awards Ceremony at Vanguard University, spoke on attending the Save Our Youth (SOY) scholarship award ceremony, spoke on celebrating the retirement of Orange County Fair Board CEO Michelle Richards, spoke on touring the Families Forward food pantry in Irvine, spoke on Love Costa Mesa Day, spoke in support of the Arts Mural program and visioning for the Arts Commission, requested an update on ICE activity in Costa Mesa, and spoke on the Randall Preserve community outreach meeting on Wednesday, May 21st at Field Works, from 6:00 p.m. to 8:00 p.m.

Mayor Stephens spoke on Love Costa Mesa Day and thanked Francine Jimenez for her work, spoke on the Gisler/Garfield Bridge being taken off of the Master Plan of Arterial Highways, spoke on attending the International Conference Shopping Centers (ICSC) event, and spoke in memory of Pat Chamberlain.
83 Minutes – Regular Meeting May 20, 2025 Page 5 of 11
REPORT – CITY MANAGER – Ms. Gallardo-Daly reported on the Trap Neuter Return (TNR) program, spoke on Priceless Pets and their new location, spoke on May is National Wildfire Awareness & Community Preparedness Month, spoke on Love Costa Mesa Day, and spoke on Tip A Cop event for the Special Olympics on Thursday, May 22 nd at Claimjumper and all donations received will be provided to the Special Olympics.

REPORT – CITY ATTORNEY – Ms. Hall Barlow stated an update on pending litigation will be forthcoming in the next weeks.

CONSENT CALENDAR
MOVED/SECOND: Mayor Stephens/Mayor Pro Tem Chavez
MOTION: Approve the Consent Calendar.

The motion carried by the following roll call vote:

Ayes: Council Member Buley, Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.

Nays: None.

Absent: None.

Abstain: Council Member Gameros recused himself on item 3 the Warrant Resolution due to his wife working at Priceless Pets, and Mayor Stephens recused himself on item 3 the Warrant Resolution due to campaign contributions received from Ware Disposal.

Motion carried: 7-0

1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL ORDINANCES AND

RESOLUTIONS
ACTION:

City Council and Housing Authority approved the reading by title only and waived further reading of Ordinances and Resolutions.

2. READING FOLDER
ACTION:

City Council received and filed Claims received by the City Clerk and authorized staff to reject any and all Claims: Back Bay Gardens HOA, Johnny Guevara, Elena Montoya, Shannon Raab, John Raab.

3. ADOPTION OF WARRANT RESOLUTION
Council Member Gameros recused himself on the item due to his wife working at Priceless Pets.

Mayor Stephens recused himself on the item due to campaign contributions received from Ware Disposal.

ACTION:

City Council approved Warrant Resolution No. 2734.
84 Minutes – Regular Meeting May 20, 2025 Page 6 of 11

4. MINUTES
ACTION:

City Council approved the minutes of the Special Study Session of April 22, 2025.

5. PROFESSIONAL SERVICES AGREEMENT WITH GALLS, LLC FOR UNIFORMS,

ALTERATIONS AND DUTY GEAR
ACTION:

1. City Council awarded a Professional Services Agreement (PSA) to Galls, LLC for uniforms, alterations, and duty gear for an initial two years, effective July 1, 2025-June 30, 2027, with three one-year renewal options for a total not to exceed amount of $175,000 annually.

2. Approved the Consumer Price Index (CPI) escalation and de-escalation.

3. Authorized the City Manager and the City Clerk to execute the PSA and any future amendments to the agreement.

6. SECOND AMENDMENT TO THE WASTE DISPOSAL AGREEMENT WITH THE

COUNTY OF ORANGE
ACTION:

City Council approved the Second Amendment to the Waste Disposal Agreement with the County of Orange.

7. PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL ENVIRONMENTAL AND

TECHNICAL SERVICES LIST
ACTION:

1. City Council approved and authorized the City Manager and City Clerk to execute a three-year Professional Services Agreement (PSA) with two one-year renewals with each consulting firm listed below from July 1, 2025 - June 30, 2030, in substantially the form as attached and in such final form as approved by the City Attorney for on-call staff support for environmental and technical services:
· Ascent Environmental, Inc.
· Chambers Group, Inc.
· Dudek
· EPD Solutions, Inc.
· First Carbon Solutions
· Kimley-Horn and Associates, Inc.
· LSA Associates, Inc.
· Michael Baker International

2. Authorized the City Manager, or designee, and City Clerk to execute the PSA and future amendments with the above listed firms including any potential increases in compensation as long as the amendments are within the annual budget. 85 Minutes – Regular Meeting May 20, 2025 Page 7 of 11

AT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT

CALENDAR
---------------------------------------END OF CONSENT CALENDAR---------------------------------------- PUBLIC HEARINGS:
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)

1. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,

CALIFORNIA, DESIGNATING LOCAL RESPONSIBILITY AREA FIRE HAZARD

SEVERITY ZONES IN THE CITY OF COSTA MESA, AS IDENTIFIED BY THE

CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 51178
Presentation by Fire Chief Stefano and Assistant Fire Chiefs Pyle and Neal.

Public Comments:

Speaker, requested maps to be made available earlier specifically for the westside zones, inquired if fireworks endanger residents and increases insurance costs, spoke on the City’s liability, and inquired on plans for extra patrols during the 4th of July.

Jim Erickson, Costa Mesa, spoke on the North/West side of Fairview Park, and the entire Eastside of Fairview Park are not high severity zones, as there is regular mowing and care taken in those areas, requested regular mowing to help mitigate the risk in the South and West side of Fairview Park as it remains a fire risk, and requested residents in the high risk areas be notified.

MOVED/SECOND: Council Member Reynolds/Mayor Pro Tem Chavez MOTION: Approve staff recommendation and direct staff to send letters to all properties in the moderate and high zones to notify them of the adoption of the ordinance, provide them information on implications, direct them to the website for more information, and direct them to the voluntary home hardening recommendations.

The motion carried by the following roll call vote:

Ayes: Council Member Buley, Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.

Nays: None.

Absent: None.

Abstain: None.

Motion carried: 7-0
ACTION:

1. City Council introduced for first reading, by title only and waived further reading, Ordinance 2025-03 of the City Council of the City of Costa Mesa, California, designating moderate and high Local Responsibility Area Fire Hazard Severity Zones by map within the jurisdiction of the City of Costa Mesa. 86 Minutes – Regular Meeting May 20, 2025 Page 8 of 11

2. Directed staff to send letters to all properties in the moderate and high zones to notify them of the adoption of the ordinance, provide them information on implications, direct them to the website for more information, and direct them to the voluntary home hardening recommendations.

2. PUBLIC HEARING FOR 2025-2029 CONSOLIDATED PLAN, INCLUDING FISCAL YEAR 2025-2026 FUNDING PRIORITIES FOR THE COMMUNITY DEVELOPMENT

BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME), AMENDED CITIZEN PARTICIPATION PLAN, AND 2025-2029 ORANGE

COUNTY REGIONAL ASSESSMENT OF FAIR HOUSING
Presentation by Ms. Daily, Grant Administrator.

Public Comments:

Andrea Schmidt on behalf of the Housing and Public Service Grants Committee, spoke on the scoring process and provided the Committees recommendations.

Roberto Herrera, Resilience Orange County, spoke in support of funding for low income individuals, spoke in support of policies for tenants, spoke in support of legal defense funding for no fault evictions, and spoke in support of supplementing legal services for undocumented individuals.

MOVED/SECOND: Mayor Pro Tem Chavez/Council Member Marr
MOTION: Approve staff recommendation.

Council Member Reynolds requested to add to the motion direction to staff to examine opportunities to expand tenant legal support services for all residents of Costa Mesa.

Mayor Pro Tem Chavez (1st) and Council Member Marr (2nd) agreed to the addition.

MOVED/SECOND: Mayor Pro Tem Chavez/Council Member Marr
MOTION: Approve staff recommendation and direct staff to examine opportunities to expand tenant legal support services for all residents of Costa Mesa.

The motion carried by the following roll call vote:

Ayes: Council Member Buley, Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.

Nays: None.

Absent: None.

Abstain: None.

Motion carried: 7-0
ACTION:

1. City Council held a Public Hearing regarding the 2025-2029 Consolidated Plan, including the 2025-2026 Annual Action Plan and the amended Citizen Participation Plan, and the 2025-2029 Orange County Regional Assessment of Fair Housing. 87 Minutes – Regular Meeting May 20, 2025 Page 9 of 11

2. Approved the recommended allocation of $907,261 for the Fiscal Year (FY) 2025-2026 Community Development Block Grant.

3. Approved the recommended allocation of $378,720 for the Fiscal Year (FY) 2025-2026 HOME Investment Partnerships Grant.

4. Adopted Resolution No. 2025-08 to:
· Approve the 2025-2029 Consolidated Plan including the 2025-2026 Annual Action Plan and amended Citizen Participation Plan.
· Approve the 2025-2029 Orange County Regional Assessment of Fair Housing. · Authorize the Acting City Manager, or the Acting City Manager’s designee, to submit the 2025-2029 Consolidated Plan, including the 2025-2026 Annual Action Plan, to the U.S. Department of Housing and Urban Development. · Designate the Acting City Manager, or the Acting City Manager’s designee, as the official representative of the City to administer the programs and to execute and submit all required agreements, certifications, and documents required by HUD, and execute all agreements and subrecipient agreements for the use of funds approved in the 2025-2026 Annual Action Plan.

5. Directed staff to examine opportunities to expand tenant legal support services for all residents of Costa Mesa.

OLD BUSINESS: NONE.

NEW BUSINESS:

1. LEGISLATIVE UPDATE AND APPROVAL OF A LEGISLATIVE PLATFORM AND

LEGISLATIVE MATRIX
Presentation by Mr. Barkman, Government Affairs Manager and Cori Takkinen and Elisa Arcidiacono representing Townsend Public Affairs.

Public Comments:

Speaker, spoke on the stock market, jobs, tariffs, and the California economy.

Marc Vukcevich, spoke in support of SB79 a Street for All sponsored bill, regarding planning and zoning: housing development: transit-oriented development.

Roberto Herrera, Resilience Orange County, spoke on additional time to allow more feedback, spoke on public safety and SB54, spoke on housing, tenant protections and AB1157 on stabilizing rents, and supports incorporating tenant programs.

Jenn Tanaka, Costa Mesa, spoke on the recommendations by Costa Mesa Alliance for Better Streets, spoke in support of SB79, and spoke on distribution of sales tax. 88 Minutes – Regular Meeting May 20, 2025 Page 10 of 11 MOVED/SECOND: Council Member Marr/Council Member Pettis MOTION: 1. Accept the Legislative Platform

2. Revise Council Policy 000-8 to:
 Make reference to the Legislative Platform
 Update Policy and remove out of date information i.e., Chief of Staff  Update Policy to reference the process

3. Direct staff to bring back to City Council a revised Legislative Platform after Council Members have provided feedback to staff and received input from community partners.

Council Member Reynolds requested to continue the Legislative Platform to a future meeting to allow Council Members to provide feedback.

Council Member Marr (1st) and Council Member Pettis (2nd) agreed to the change.

MOVED/SECOND: Council Member Marr/Council Member Pettis MOTION: 1. Revise Council Policy 000-8 to:
 Make reference to the Legislative Platform
 Update Policy and remove out of date information i.e., Chief of Staff  Update Policy to reference the process

2. Direct staff to bring back to City Council a revised Legislative Platform and Legislative Matrix after Council Members have provided feedback to staff and received input from community partners.

The motion carried by the following roll call vote:

Ayes: Council Member Buley, Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.

Nays: None.

Absent: None.

Abstain: None.

Motion carried: 7-0
ACTION:

City Council received and filed an update on Federal and State budgets from Townsend Public Affairs and:

1. Revised Council Policy 000-8 to:
 Make reference to the Legislative Platform
 Update Policy and remove out of date information i.e., Chief of Staff  Update Policy to reference the process

2. Directed staff to bring back to City Council a revised Legislative Platform and Legislative Matrix after Council Members have provided feedback to staff and received input from community partners.

ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS – NONE.
89 Minutes – Regular Meeting May 20, 2025 Page 11 of 11 ADJOURNMENT – Mayor Stephens adjourned the open meeting at 9:13 p.m. in memory of Pat Chamberlain and in honor of those who have given their lives in service and City Council recessed back to Closed Session.

Closed Session ended at 11:08 p.m., and the City Attorney reported: Motion by Council Member Gameros, Second by Council Member Buley, to retain Greg Labate of Sheppard Mullin Richter & Hampton LLP to defend City in connection with anticipated litigation. Motion carried 4-3, with Mayor Pro Tem Chavez, Council Member Marr and Council Member Reynolds voting no.

Minutes adopted on this 17th day of June, 2025.
___________________________
John Stephens, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
90 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-292 Meeting Date: 6/17/2025
TITLE:

TOWING SERVICES CONTRACT
DEPARTMENT: POLICE DEPARTMENT
PRESENTED BY: STEPHANIE A. SELINSKE, LIEUTENANT
CONTACT INFORMATION: STEPHANIE A. SELINSKE, 714-754- 5293 RECOMMENDATION:

Staff recommends the City Council:

2. Approve and authorize the City Manager and City Clerk to execute five-year Professional Services Agreement (PSA), to provide towing services of City owned vehicles and equipment, in an annual amount not-to-exceed $5,000, effective July 1, 2025 - June 30, 2030, in a form as approved by the City Attorney for towing services to:
· G& W Towing
· MetroPro Road Services, Inc.
· Southside Towing

3. Authorize the City Manager and City Clerk to execute the agreements and future amendments to the agreements.

BACKGROUND:

The City’sProfessional Services Agreement (PSA) for towing-related services includes responding quickly to traffic collisions to remove disabled vehicles and clear debris, as well as impounding, towing, and storing vehicles for the Costa Mesa Police Department (CMPD), whether due to an arrest or as evidence. These services are necessary 24/7, and timely responses are crucial for reopening roadways and ensuring safe traffic flow.

In 2020, the City conducted a formal solicitation for towing services. Prior to the 2020 contract,

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91 File #: 25-292 Meeting Date: 6/17/2025
In 2020, the City conducted a formal solicitation for towing services. Prior to the 2020 contract, services were limited to two towing companies. After the process in 2020, the City Council awarded contracts to the following three companies: G&W Towing, Inc., MetroPro Road Services, and Southside Towing. The three current tow companies use a weekly rotation for services with the city.

If, during a request for service, the current tow company is unable to clear a roadway timely due to unforeseen issues, the next tow company in rotation is requested to assist.

The City’sPSA outlines tow yard requirements for each towing company. The tow yard shall be located within five (5) miles from CMPD Headquarters. Towing service storage lots shall have adequate open storage space to accommodate up to 100 vehicles, be gated, and be well-lighted to maintain maximum security for stored and impounded vehicles. The tow service provider shall be able to provide an enclosed evidence hold area. The hold area must provide protection from the elements of weather and other forms of contamination. This area should have the capability to be locked and sealed by police personnel, if necessary. Additionally, the tow yard must be accessible 24- hours, 7-days per week by members of the CMPD. The current PSA is set to end on June 30, 2025.

In addition to response for towing vehicles owned by the public, the Professional Services Agreement includes provisions for the towing of medium and heavy duty CMPD and/or City owned or leased vehicles and equipment, when requested by the City, in a specified amount not to exceed $5,000 annually.

ANALYSIS:

On February 13, 2025, the City issued a Request for Proposals (RFP) for towing services. Four proposals were received to provide towing services and were reviewed for compliance with the City’s RFP. Each proposal was evaluated based on project approach and methodology, qualifications and experience, equipment and facilities, and staffing. The evaluation committee included staff from Newport Beach Police Department and Costa Mesa Police Department. After a thorough evaluation of the proposals, the evaluation committee finds G&W Towing, MetroPro Road Services, Inc. and Southside Towing to be well qualified to provide towing services, vendor scoring below.

The proposed towing companies meet the City’s requirements to efficiently manage and provide police-initiated towing services that will be of mutual benefit to the public and the CMPD. There is no direct cost to the City for towing services requested by CMPD for non-City vehicles. Each towing company will charge the responsible party for towing and storage fees, in the amounts established by the City’s current tow rates. In addition to providing towing services for non-City vehicles, the agreements stipulates that each towing company will provide towing services for City-owned vehicles and equipment. The maximum annual compensation for towing services for City-owned vehicles and equipment is $5,000.

Therefore, staff recommend award of Professional Services Agreements to each towing company. An

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92 File #: 25-292 Meeting Date: 6/17/2025
Therefore, staff recommend award of Professional Services Agreements to each towing company. An example Professional Services Agreement has been attached for reference. Individual agreements will be executed with each awarded tow company.

ALTERNATIVES:

The City Council could choose an alternative vendor; however, this is not recommended based on the RFP process and evaluation results. It could result in problematic time delays to police towing services.

FISCAL REVIEW:

There is no direct cost to the City for towing services for non-City vehicles. The costs for towing services are incurred by the owner of the towed vehicle and the costs are established by Council resolution. The City receives revenue from the towing of non-City vehicles in the amount of $207 per vehicle, effective July 1, 2025 per the Master Fee schedule. The City estimates revenue in the amount of $350,000 which is included in the FY2025-26 Adopted Operating Budget in the General Fund (Fund 101).

The agreement provides for up to $5,000 annually for towing services for medium and heavy duty CMPD and/or City vehicles and equipment. There is funding in the Equipment Replacement Fund (601) that is being proposed in the FY2025-26 Proposed Operating Budget.

LEGAL REVIEW:

The City Attorney’s Office has reviewed this staff report and prepared the Professional Services Agreement and approved them as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goal:
· Strengthen public safety and improve the quality of life CONCLUSION:

Staff recommends the City Council:

1. Approve and authorize the City Manager and City Clerk to execute five-year Professional Services Agreement (PSA), to provide towing services of private vehicles, effective July 1, 2025 - June 30, 2030, in a form as approved by the City Attorney for towing services to:
a. G& W Towing
b. MetroPro Road Services, Inc.
c. Southside Towing

2. Approve and authorize the City Manager and City Clerk to execute five-year Professional Services Agreement (PSA), to provide towing services of City owned vehicles and equipment, in an annual amount not-to-exceed $5,000, effective July 1, 2025 - June 30, 2030, in a form as approved by the City Attorney for towing services to:

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93 File #: 25-292 Meeting Date: 6/17/2025
a. G& W Towing
b. MetroPro Road Services, Inc.
c. Southside Towing

3. Authorize the City Manager and City Clerk to execute the agreements and future amendments to the agreements.

Page 4 of 4 ends

94 1
G&W Towing, Inc.

Rev. 1-2025

CITY OF COSTA MESA PROFESSIONAL SERVICES AGREEMENT
WITH
G & W TOWING, INC.

THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into this 1st day of July, 2025 ("Effective Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and G & W TOWING, INC., a California corporation and licensed automobile towing service ("Contractor").

RECITALS

A. City proposes to utilize the services of Contractor as an independent contractor to perform towing services, on a rotational basis, as more fully described herein; and

B. Contractor represents that it has that degree of specialized expertise contemplated within California Government Code section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and

C. City and Contractor desire to contract for the specific services described in Exhibits "A" and “B” and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and

D. N o official or employee of City has a financial interest, within the provisions of sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONTRACTOR

1.1. Scope of Services. Contractor shall provide the professional services described in City’s Request for Proposals (RFP No. 25-17, Towing Services) , attached hereto as Exhibit “A,” and Contractor's Proposal, a portion of which is attached hereto as Exhibit " B," and the City of Costa Mesa Police Department Tow Policy Guidelines and Requirements, attached hereto as Exhibit "C," both incorporated herein by this reference. The rotational order will be in accordance with the Rotation Rules set forth in Exhibit C.

1.2. Records and Reporting. Contractor shall maintain records relating to vehicles towed in accordance with the requirements set forth in Exhibit C . Contractor shall submit reports to the Costa Mesa Police Department (CMPD) Traffic Safety Bureau in accordance with the requirements set forth in Exhibit C, and as requested by the Traffic Safety Bureau.

ATTACHMENT 1
95 2
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Rev. 1-2025

1.3. Professional Practices. All professional services to be provided by Contractor pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional contractors in similar fields and circumstances in accordance with sound professional practices. Contractor also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall adv ise City of any changes in any laws that may affect Contractor's performance of this Agreement.

1.4. Performance to Satisfaction of City . Contractor agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:

(a) Meet with Contractor to review the quality of the work and resolve the matters of concern;

(b) Require Contractor to repeat the work at no additional fee until it is satisfactory; and/or

1.5. Warranty. Contractor warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement, including but not limited to the requirements set forth in Article 18 (Towing Services) of Chapter 11 (Regulation of Certain Businesses) of Title 9 (Licenses and Business Regulations) of the Costa Mesa Municipal Code. Contractor shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above- mentioned laws, which may be incurred by reason of Contractor's performance under this Agreement.

1.6. Professional Licenses . Contractor shall maintain all necessary licenses, permits, approvals, waivers and exemptions as may be required by Federal, State and local laws and regulations for the provision of the services hereunder, including but not limited to maintaining a Costa Mesa Tow Operator Permit.

1.7. Non-Discrimination. In performing this Agreement, Contractor shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, 96 3
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Rev. 1-2025

religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status, except as permitted pursuant to section 12940 of the Government Code.

1.8. Non-Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other contractors for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

1.9. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Contractor may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Contractor's sole cost and expense.

1.10. Confidentiality. Employees of Contractor in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City.

Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this Section shall survive the termination of this Agreement.

2.0. COMPENSATION AND BILLING

2.1. (a) Compensation to Contractor for Towing Services for Non-City Vehicles.

(i) Contractor shall charge the responsible party (vehicle owner) directly for the services provided pursuant to this Agreement in accordance with the towing and storage rates established by City Council resolution, which rates may be amended from time to time during the term of this Agreement.

Except as otherwise set forth herein, City will not compensate Contractor for the towing services provided pursuant to this Agreement. (ii) Contractor shall charge responsible parties at or below the towing and storage rates established by the City Council.

(b) Compensation to Contractor for Towing Services for City-Owned Vehicles.

As outlined in Exhibit C, Contractor shall tow any Costa Mesa Police Department (CMPD) and/or other City vehicles or equipment, under 6,000 pounds, disabled within City limits, at the request of City staff, at no charge to City. If City staff requests towing services for any CMPD or other City 97 4
G&W Towing, Inc.

Rev. 1-2025

vehicle or equipment weighing more than 6,000 pounds, City shall pay Contractor in accordance with the fee schedule attached hereto as Exhibit "D" and incorporated herein by this reference. If City staff requests that Contractor tow a CMPD or other City vehicle or equipment outside of City limits, City shall pay Contractor the standard mileage rate only for such towing services.

Contractor's annual compensation for towing services for CMPD and City vehicles and equipment over 6,000 pounds and towing CMPD and City vehicles and equipment outside of City limits shall not exceed Five Thousand Dollars ($5,000.00). Contractor’s total annual compensation shall not exceed five-thousand ($5,000.00) dollars.

2.2. City's Administrative Costs . As outlined in Exhibit B, Contractor shall collect the City's reasonably borne administrative costs, in the amount established by City user fees for vehicle impound storage. As of the Effective Date of this Agreement, the fee is Two Hundred Dollars ($200.00). Such fee may be revised at any time by City Council resolution without requiring an amendment to this Agreement. Contractor shall remit the fees collected on or before the 20th day of each calendar month. Payment of the fees shall be made by check, payable to the City of Costa Mesa, and shall be accompanied by statements indicating the number of towing incidents applied to compute the total fees remitted. In the event City audits Contractor's records and finds an error in the amounts remitted, City may charge Contractor for the costs of conducting the audit.

Contractor shall remit payment to City for such costs and remit any amounts determined to be due to City within thirty (30) days of City's request.

2.3. Additional Services. Contractor shall not receive compensation for any services provided outside the scope of services specified in the Contractor's Proposal unless the City or the Project Manager, prior to Contractor performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.

2.4. Records and Audits. Records of Contractor's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient ti mes from the Effective Date until four (4) years after termination of this Agreement.

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work . The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.

3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, 98 5
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but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party.

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of sixty (60) months, ending on June 30, 2030, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.

4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Contractor. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination.

In the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by the City.

4.3. Compensation in the event of termination. In the event of termination, City shall pay Contractor for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Contractor.

4.4 Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Contractor , at no cost to City. Any use of uncompleted documents without specific written authorization from Contractor shall be at City’s sole risk and without liability or legal expense to Contractor.

5.0. INSURANCE

5.1. Minimum Scope and Limits of Insurance. Contractor shaII obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City:

(a) Commercial general liability , including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars 99 6
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($1,000,000.00), per occurrence, Two Million Dollars ($2,000,000.00). If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit.
(b) Business automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence for bodily injury and property damage.

(c) Workers' compensation insurance as required by the State of California. Contractor agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers arising from work performed by Contractor for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies.

(d) Garage liability insurance, including all premises and operations, for bodily injury and property damage, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence.

(e) Garage keeper's legal liability insurance for vehicles in the care, custody and control of the Contractor, with a single limit of not less than One Hundred Thousand Dollars ($100,000.00) per occurrence.

(f) On-Hook/Cargo Insurance Coverage with policy limits based on the size of the tow truck:

a. Class A tow truck - $50,000
b. Class B tow truck - $100,000
c. Class C tow truck - $200,000
d. Class D tow truck - $250,000

5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:

(a) Additional insureds : "The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to:
liability arising out of activities performed by or on behalf of the Contractor pursuant to its contract with the City; products and completed operations of the Contractor: premises owned, occupied or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor."

Notice: "Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City." Other insurance: "The Contractor's insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance 100
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maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy."

(b) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Costa Mesa, its officers, officials, agents, employees, and volunteers.

(c) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.

5.4. Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement.

5.5. Non-Limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.

6.0. GENERAL PROVISIONS

6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.

6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement.

6.3. Project Managers. City shall designate a Project Manager to work directly with Contractor in the performance of this Agreement.
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Contractor shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Contractor or its Project Manager shall attend and assist in all coordination meetings called by City.

6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: (a) at the time of delivery if such communication is sent by personal delivery, and (b) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

IF TO CONTRACTOR:

G & W Towing, Inc.
965 West 18th Street
Costa Mesa, CA 92627
Tel: (949) 642-1252
Attn: G. Wayne Miller

IF TO CITY:

City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: (714) 754-5293
Attn: Lt. Stephanie A. Selinske

Courtesy copy to:

City of Costa Mesa 77 Fair Drive
Costa Mesa, CA 92626
Attn: Finance Dept. I Purchasing

6.5. Notification of Criminal or Civil Actions . Contractor shall notify the City in writing within thirty (30) days of becoming aware of the filing or initiation of any criminal or civil proceedings naming as a party any person holding a financial interest in Contractor's business.

6.6. Drug-Free Workplace Policy. Contractor shall provide a drug-free workplace by complying with all provisions set forth in City's Council Policy 100-5, attached hereto as Exhibit " E" and incorporated herein by reference. Contractor's failure to conform to the requirements set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City.

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6.7. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

6.8. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California.

6.9. Assignment. Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Contractor's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Contractor of Contractor's obligation to perform all other obligations to be performed by Contractor hereunder for the term of this Agreement.

6.10. Indemnification and Hold Harmless. Contractor agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Contractor's sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the performance of the Contractor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Contractor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Contractor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not the Contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This prov ision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Contractor's Proposal, which shall be of no force and effect.

6.11. Independent Contractor. Contractor is and shall be acting at all times as an independent contractor and not as an employee of City. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's 103
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employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Contractor shall secure, at its sole expense, and be r esponsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Contractor and its officers, agents, and employees, and all business licenses, if any ar e required, in connection with the services to be performed hereunder. Contractor shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

6.12. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

6.13. Cooperation. In the event any claim or action is brought against City relating to Contractor's performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require.

6.14. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Contractor or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Contractor agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Contractor.

City shall indemnify and hold harmless Contractor from all claims, damages, losses, and 104
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expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Contractor. Contractor shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City.

6.15. Public Records Act Disclosure. Contractor has been advised and is aware that this Agreement and all reports, documents, inform ation and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code section 7921.000, formerly section 6250 et seq.). Exceptions to public dis closure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code section 7924.510, formerly section 6254.7, and of which Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

6.16. Conflict of Interest. Contractor and its officers, employees, associates and subcontractors, if any, will comply with all conflict- of-interest statutes of the State of California applicable to Contractor's services under this agreement, including, but not limited to, the Political Reform Act (Government Code sections 81000, et seq.) and Government Code section 1090. During the term of this Agreement, Contractor and its officers, employees, associates and subcontractors shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute.

6.17. Responsibility for Errors. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.

6.18. Prohibited Employment. Contractor will not employ any regular employee of City while this Agreement is in effect.

6.19. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this 105
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Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.

6.20. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

6.21. Binding Effect. This Agreement binds and benefits the parties and their respective permitted successors and assigns.

6.22. No Third Party Beneficiary Rights . This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

6.23. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or int erpretation of this Agreement.

6.24. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

6.25. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.26. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any prov ision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

6.27. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which 106
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determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

6.28. Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. Counterpart written signatures may be transmitted by facsimile, email or other electronic means and have the same legal effect as if they were original signatures.

6.29. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

[Signatures appear on following page.]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

CONTRACTOR

__________________________________ Date: __________________________ Signature

__________________________________
G. Wayne Miller, President

CITY OF COSTA MESA

__________________________________ Date: __________________________ Carol Molina
Purchasing Officer

ATTEST:
__________________________________
Brenda Green
City Clerk

APPROVED AS TO FORM:

__________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney

APPROVED AS TO INSURANCE:

__________________________________ Date: __________________________ Ruth Wang
Risk Management

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APPROVED AS TO CONTENT:

__________________________________ Date: __________________________ Lt. Stephanie A. Selinske
Project Manager

DEPARTMENTAL APPROVAL:

__________________________________ Date: __________________________ Ronald Lawrence
Police Chief

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EXHIBIT A

REQUEST FOR PROPOSALS (RFP 25-17)

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REQUEST FOR PROPOSAL

FOR

TOWING SERVICES
RFP NO. 25-17

POLICE DEPARTMENT

CITY OF COSTA MESA

Released on
February 13, 2025

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REQUEST FOR PROPOSAL
FOR

TOWING SERVICES

The City of Costa Mesa (hereinafter referred to as the “City”) is requesting Proposals from qualified towing service companies to provide towing services for the City. The awarded Contractor, (hereinafter referred to as “Contractor”) shall be in accordance with the Sample Professional Service Agreement, Appendix C terms, conditions, and scope of work. Prior to submitting a Proposal, Proposers are advised to carefully read the instructions below, including the Sample Professional Service Agreement and any solicitation appendix/exhibits. The term is expected to be for three years with two one-year renewal options. The City reserves the right to award one or more contracts for this service.

I. GENERAL INFORMATION
The City of Costa Mesa is a general law city, which operates under the council/manager form of government with an annual General Fund budget of approximately over $189.9 million and a total budget of $240.10 million for fiscal year 2024-2025.

The City of Costa Mesa, incorporated in 1953, has an estimated population of 115,000 and has a land area of 16.8 square miles. It is in the northern coastal area of Orange County, California, and is bordered by the cities of Santa Ana, Newport Beach, Huntington Beach, Fountain Valley and Irvine.

The City is a “full service city” providing a wide range of services. These services include police and fire protection; animal control; emergency medical aid; building safety regulation and inspection; street lighting; land use planning and zoning; housing and community development; maintenance and improvement of streets and related structures; traffic safety maintenance and improvement; and full range of recreational and cultural programs.

The City of Costa Mesa is home of the Segerstrom Center for the Arts, Orange County Fairgrounds, South Coast Repertory Theater and the South Coast Plaza Shopping Center, which is the single largest commercial activity center in the City. The volume of sales generated by South Coast Plaza secures its place as the highest volume regional shopping center in the nation.

The successful Proposer shall have experience in similar types of services. All Proposers responding to this Request for Proposal (RFP) will be evaluated based on their expertise, prior experience on similar projects, demonstrated competence, ability to meet the requested services, adequate staffing, reference check, understanding of services, cost and responsiveness to the needs and concerns of the City of Costa Mesa.

1. Important Notice: The City has attempted to provide all information available. It is the responsibility of each Proposer to review, evaluate, and, where necessary, request any clarification prior to submission of a Proposal. Proposers are not to contact other City personnel with any questions or clarifications concerning this Request for Proposal (RFP). Any City response relevant to this RFP other than through or approved by City’s Purchasing Department is unauthorized and will be considered invalid.
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If clarification or interpretation of this solicitation is considered necessary by City, a written addendum shall be issued, and the information will be posted on planet-bids. Any interpretation of, or correction to, this solicitation will be made only by addendum issued by the City’s Purchasing Department. It is the responsibility of each Proposer to periodically check planet-bids website to ensure that it has received and reviewed any and all addenda to this solicitation. The City will not be responsible for any other explanations, corrections to, or interpretations of the documents, including any oral information.

2. Schedule of Events: This Request for Proposal shall be governed by the following schedule:

Release of RFP February 13, 2025
Deadline for Written Questions February 24, 2025, at 11:00 a.m.

Responses to Questions Posted March 3, 2025
Proposals are Due March 13, 2025, at 2:00 p.m.
**All dates are subject to change at the discretion of the City.

3. Proposer’s Minimum Requirements: Interested and qualified Proposers that can demonstrate their ability to successfully provide the required services outlined in Scope of Work, Appendix A, of this RFP are invited to submit a proposal, provided they meet the following requirements. All requirements must be met at the time of the proposal due date. If these requirements are not met, the proposal may not receive further consideration, as determined in the sole discretion of the City.
a. Contractor shall have ten (10) years of continuous tow services for a government agency. b. Contractor shall be owned and operated by owner for a minimum of five (5) years. c. Contractor shall have the ability to store ten (10) vehicles inside approximately 1,500 square feet.
d. Contractor shall have 24 hours a day access to inside storage.

II. GENERAL INSTRUCTIONS AND PROVISIONS

1. Proposal Format Guidelines: Interested entities or contractors are to provide the City of Costa Mesa with a thorough Proposal using the following guidelines: Proposal should be typed and should contain no more than 12 typed pages using a 12-point font size, including cover letter, Index/Table of Contents, tables, charts, and graphic exhibits, but excluding resumes of key people and pricing forms. Each Proposal will adhere to the following order and content of sections. Proposal should be straightforward, concise and provide “layman” explanations of technical terms that are used.

Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer. Proposals which appear unrealistic in terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity and risk of this contract may be rejected. The following Proposal sections are to be included in the Proposer’s response:
 Cover Letter: A cover letter, not to exceed two pages in length, should summarize key elements of the Proposal. An individual authorized to bind the Contractor must sign the letter. Indicate the address and telephone number of the contractor’s office located nearest to Costa Mesa, California, and the office from which the project will be managed. And include proposed working relationship among the offering agency and subcontractors, if applicable.

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 Background and Project Summary Section: The Background and Project Summary Section should describe your understanding of the City, the work to be done, and the objectives to be accomplished. Refer to Scope of Services, Appendix A of this RFP.

 Project Approach and Methodology: Provide a detailed description of the approach and methodology that will be used to fulfill each requirement listed in the Scope of Services of this RFP. The section should include:

2. List the names, titles, responsibilities and telephone numbers of the persons to be contacted, at any hour, in the event of an emergency.

4. Describe in detail the company’s proposed procedures for the release of a vehicle under this contract.

5. Describe the company’s proposed policies and procedures for allowing access to vehicles by owners. Additionally, state procedures for the following:
a. Allowing the owner to cover the vehicle or take other protective measures. b. Allowing the owner to remove personal effects or other articles from the interior of the vehicle.
c. Allowing the owner, an authorized non-owner and an unauthorized non-owner (such as a private investigator not employed by the owner) to photograph or take notes about the condition of the vehicle.

6. For vehicles in its care, state the firm’s policies and procedures for:
a. Determining whether or not a vehicle was damaged.
b. Determining whether or not a vehicle was stolen.
c. Determining whether or not a vehicle was stolen from. d. Making restitution to the owner in the event that a vehicle is damaged, stolen and/or stolen from.

7. State the company’s policies and procedures for:
a. Determining whether or not private property was damaged in the course of the firm’s duties.
b. Making restitution to the owner or restoring the property if so determined.

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8. State the company’s policies and procedures for informing a vehicle owner:
a. A vehicle is in the firm’s possession.
b. The location of the vehicle
c. The condition of the vehicle

12. Propose a method of receiving completed release forms electronically from Costa Mesa Police Department by the firm, if one is available.

13. Propose a method of delivering the monthly report of released vehicles to Costa Mesa Police Department electronically, if available.

14. Propose any informational or reporting enhancements the company is capable of providing. Example: secure web-based access to the company’s inventory of vehicles towed and stored under this contract by Costa Mesa Police Department.

1. If the owner is a corporation please provide: list name of corporation, corporate office street address, city, state, and zip code, state where incorporated, date of incorporation, first and last name of officers, local office address, city, state & zip, and the date local office opened its doors for business.

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2. If the owner is partnership or joint venture, please provide: the name of partnership or joint venture, principal office street address, city, state, and zip code, state of organization, date of organization, first and last name of general partner(s), local office address, city, state, and zip code, and date local office opened its doors for.

4. List all businesses for which you or your business manager is or was an officer, director, or partner doing similar business in California under another name. List business name and address, title, date(s) in position; specify who was in position (e.g., self, business manager, etc.).

5. How many years have you been in business under your present business name?

6. List all business names that you operate as a towing service in the County of Orange.

7. List all businesses for which you or your business manager have filed for bankruptcy protection while operating under a towing service contract.

8. Provide a list of current and previous contracts similar to the requirements for Costa Mesa. Include all public agencies served. For each, provide a brief description of the scope of work, the length of time the firm has been providing services and the name, title and telephone number of the person who may be contacted regarding the firm’s service record.

9. Submit a description of the firm’s qualifications, experience and abilities that make it uniquely capable to provide services under this contract.

10. Provide a detailed list of subcontractors proposed to be used, if any. For each, submit a description of the services the subcontractor will perform and specific qualifications and experience.

11. Provide copies of the firm’s ethical standards, confidentiality policies, managerial philosophy, customer service standards and standards of service quality. State the manner in which these standards will be evaluated and maintained. The materials may include, but are not limited to:
a. Membership in and/or good standing with an organization that is devoted to ensuring high standards of customer service and consumer protection, such as the Better Business Bureau.
b. Membership in and/or good standing with a professional organization devoted to encouraging and maintaining ethical or service standards. c. Evidence of training and education in customer service, maintaining quality standards and/or maintaining quality standards received by the firm, its employees and its subcontractors.
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d. Letters of recommendation from customers and contracting agencies. e. Copies of instructional material used to ensure employee adherence to ethical, quality and customer service standards.
f. A list of references that will attest to the firm’s ethical, quality and service standards. The list should include the name, address and telephone number of the person who may be contacted and a description of the relationship between the firm and the reference.

Any public entity which submits a Proposal should describe in detail how it currently performs services like those identified in the Scope of Work within its or other jurisdictions, including photographs, written policies and/or video of services provided. If you have performed these services under contract for another public entity, please provide references for those entities as set forth above for private Proposers.
 Equipment & Facilities : The information requested in this section should describe the company or entity equipment and facilities. Information shall include:

1. Provide a list and short description of all of the vehicles proposed to be used in the performance of services. In the event that the firm does not currently own or lease a sufficient amount of vehicles, provide a description of the firm’s plan to acquire the necessary equipment.

2. Describe the radio equipment proposed to be used in the dispatching of tow vehicles. If dispatching is aided by equipment in addition to radios, describe that equipment.

4. Provide a detailed description of facility security.  Financial Capacity: The City is concerned about proposers’ financial capability to perform, and therefore, is requesting copies of audited financials from the pass three years to allow an evaluation of firm’s financial capabilities.
 Key Personnel: It is essential that the Proposer provide adequate experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under this contract. The Proposer must agree to assign specific individuals to the key positions.

o Identify the members of the staff who would be assigned to act for Proposer’s firm in key management and filed positions providing the services described in the Proposal, and the functions to be performed by each.

o Include resumes or curriculum vitae of each such staff member, including name, position, telephone number, email address, education, and years and type of relevant experience.

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o The Contractor agrees that, once assigned to work under this contract, key personnel shall not be removed or replaced without written notice to the City.

o If key personnel are not available for work under this contract for a continuous period exceeding thirty calendar days, or are expected to devote substantially less effort to the work than initially anticipated, the Contractor shall immediately notify the City, and shall, subject to the concurrence of the City, replace such personnel with personnel of substantially equal ability and qualifications.

 Cost Proposal: Proposers are required to use Appendix B, Cost Proposal and shall submit in a separate file. Pricing instructions shall be clearly defined to ensure rates proposed can be compared and evaluated. Proposals shall be valid for a minimum of 180 days following submission.

 Disclosure: Please disclose all past or current business and personal relationships with any current Costa Mesa elected official, appointed official, City employee, or family member of any current Costa Mesa elected official, appointed official, or City employee. Any past or current business relationship may not disqualify the firm from consideration.  Sample Professional Service Agreement: The firm selected by the City will be required to execute a Professional Service Agreement with the City. A sample of the Agreement is enclosed as Appendix C but may be modified to suit the specific services and needs of the City. If a Proposer has any exceptions or conditions to the Agreement, these must be submitted for consideration with the Proposal. Otherwise, the Proposer will be deemed to have accepted the form of Agreement.
 Checklist of Forms to Accompany Proposal: As a convenience to Proposers, following is a list of the forms, Appendix D included in this RFP, which should be included with Proposals:

1. Vendor Application Form

2. Company Profile & References

3. Ex Parte Communications Certificate

4. Disclosure of Government Positions

5. Disqualifications Questionnaire

6. Bidder/Applicant/Contractor Campaign Contribution

7. General Questionnaire/Requirements for Police Towing Services

2. Process for Submitting Proposals:
 Content of Proposal: The Proposal must be submitted using the format as indicated in the Proposal format guidelines.

 Preparation of Proposal: Each Proposal shall be prepared simply and economically, avoiding the use of elaborate promotional material beyond those sufficient to provide a complete, accurate and reliable presentation.

 Cost for Preparing Proposal: The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become the property of the City. 118
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 Forms to Accompany Proposal: Appendix D forms shall be attached at the end of the Proposal with the exception of the Cost Proposal which shall be submitted in a separate file.

 Number of Proposals: Submit one (1) PDF file format copy of your proposal in sufficient detail for thorough evaluation and comparative analysis.

 Submission of Proposals: Complete written Proposals must be submitted electronically in PDF file format via the planetbids.com website not later than 2:00 p.m. (P.S.T) on March 13, 2025. Proposals will not be accepted after this deadline. Proposals received after the scheduled closing time will not be accepted. It shall be the sole responsibility of the Proposer to see that the proposal is received in proper time. Faxed or e-mailed Proposals will not be accepted. NO EXCEPTIONS.

 Inquiries: Questions about this RFP must be posted in the Q & A tab on Planetbids no later than February 24, 2025, at 11:00 A.M . The City reserves the right not to answer all questions.

The City reserves the right to amend or supplement this RFP prior to the Proposal due date.

All addendum(s), responses to questions received, and additional information will be posted to the planet-bids website. Proposers should check this web page daily for new information.

From the date that this RFP is issued until a firm or entity is selected and the selection is announced, firms or public entities are not allowed to communicate outside the process set forth in this RFP with any City employee other than the contracting officer listed above regarding this RFP. The City reserves the right to reject any Proposal for violation of this provision. No questions other than posted on planet-bids will be accepted, and no response other than written will be binding upon the City.

 Conditions for Proposal Acceptance: This RFP does not commit the City to award a contract or to pay any costs incurred for any services. The City, at its sole discretion, reserves the right to accept or reject any or all Proposals received because of this RFP, to negotiate with any qualified source(s), or to cancel this RFP in part or in its entirety. The City may waive any irregularity in any Proposal. All Proposals will become the property of the City of Costa Mesa, USA. If any proprietary information is contained in the Proposal, it should be clearly identified.

 Insurance & W-9 Requirements: Upon recommendation of contract award, Contractor will be required to submit the following documents with ten (10) days of City notification, unless otherwise specified in the solicitation:

 Insurance - City requires that licensees, lessees, and vendors have an approved Certificate of Insurance (not a declaration or policy) or proof of legal self-insurance on file with the City for the issuance of a permit or contract. Within ten (10) consecutive calendar days of award of contract, successful Bidder must furnish the City with the Certificates of Insurance proving coverage as specified in the sample contract.

 W-9 – Current signed form W-9 (Taxpayer Identification Umber & Certification) which includes Contractor’s legal business name(s).
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3. Evaluation Criteria: The City’s evaluation and selection process will be conducted in accordance with Chapter V, Article 2 of the City's Municipal Code (Code). In accordance with the Code, the responsive responsible proposer shall be determined based on evaluation of qualitative factors in addition to cost. At all times during the evaluation process, the following criteria will be used. Sub-criteria are not necessarily listed in order of importance. Additional sub- criteria that logically fit within a particular evaluation criterion may also be considered even if not specified below.
 Project Approach & Methodology -------30 %
 Qualifications & Experience of the Firm -------30 %
 Equipment & Facilities ------25%
 Key Personnel ----10%
 Cost Proposal ----5%

4. Evaluation of Proposals and Selection Process: In accordance with its Municipal Code, the City will adhere to the following procedures in evaluating Proposals. An Evaluation Committee, which may include members of the City's staff and possibly one or more outside experts, will screen and review all Proposals according to the weighted criteria set forth above.

While price is one basic factor for award, it is not the sole consideration.

A. Responsiveness Screening : Proposals will first be screened to ensure responsiveness to the RFP. The City may reject as non-responsive any Proposal that does not include the documents required to be submitted by this RFP. At any time during the evaluation process, the City reserves the right to request clarifications or additional information from any or all Proposers regarding their Proposals.

B. Initial Proposal Review: The Committee will initially review and score all responsive written Proposals based upon the Evaluation Criteria set forth above. The Committee may also contact Proposer's references. Proposals that receive the highest evaluation scores may be invited to the next stage of the evaluation process. The City may reject any Proposal in which a Proposer’s approach, qualifications, or price is not considered acceptable by the City. An unacceptable Proposal is one that would have to be substantially rewritten to make it acceptable. The City may conclude the evaluation process at this point and recommend award to the lowest responsible bidder. Alternatively, the City may elect to negotiate directly with one or more Proposers to obtain the best result for the City prior to making a recommendation or selection.

C. Interviews, Reference Checks, Revised Proposals, Discussions: Following the initial screening and review of Proposals, the Proposers included in this stage of the evaluation process may be invited to participate in an oral interview. Interviews, if held, are tentatively scheduled for the week of April 14 and will be conducted at City of Costa Mesa City Hall, 77 Fair Drive, Costa Mesa, CA 92626. The dates are subject to change. The individual(s) from the Proposer’s organization that will be directly responsible for carrying out the contract, if awarded, should be present at the oral 120
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interview. The oral interview may, but is not required to, use a written question/answer format for the purpose of clarifying the intent of any portions of the Proposal.

In addition to conducting an oral interview, the City may during this stage of the evaluation process also contact and evaluate the Proposer’s references, contact any Proposer to clarify any response or request revised or additional information, contact any current users of a Proposer’s services, solicit information from any available source concerning any aspect of a Proposal, and seek and review any other information deemed pertinent to the evaluation process.

During the evaluation phase of the RFP, Contractor’s towing equipment, personnel, facility or facilities may be inspected with or without cause, without notice, during normal business hours by the Costa Mesa Police Department, and a report filed thereon. The Police Department may rely on inspections conducted by the CHP. If any deficiencies and/or violations are discovered during the inspection at the time of, the Proposer may be deemed non-responsive without the courtesy of a correction period during the evaluation phase.

Following conclusion of this stage of the evaluation process, the Committee will again rank all Proposers according to the evaluation criteria set forth above. The Committee may conclude the evaluation process at this point, and make a recommendation for an award, or it may request Best and Final Offers from Proposers. The City may accept the Proposal or negotiate the terms and conditions of the agreement with the highest ranked organization. The City may recommend an award without Best and Final Offers, so Proposers should include their best Proposal with their initial submission.

Recommendation for award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing Proposers unless an agreement is reached. If contract negotiations cannot be concluded successfully within a time period determined by the City, the City may terminate negotiations and commence negotiations with the next highest scoring Proposer or withdraw the RFP.

5. Protests : Failure to comply with the rules set forth herein may result in rejection of the protest.

Any proposals awarded pursuant to the formal procurement procedure set forth in the Proposal procedure may be appealed in accordance with the following procedure:
• The Proposer shall file the written notice of appeal with the purchasing officer at least ten (10) working days prior to proposal award date specified in the notice of recommendation to award.
• The written notice of appeal must include specifics as to the nature of the appeal. • The Proposer must provide any and all documentation to support the appeal. • The purchasing officer will respond in writing to the Proposer within five (5) working days.
• In the event the appeal is denied by the purchasing officer, the Proposer may appeal the purchasing officer’s ruling to the city council at the next available council meeting.

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6. Accuracy of Proposals: Proposers shall take all responsibility for any errors or omissions in their Proposals. Any discrepancies in numbers or calculations shall be interpreted to reflect the cost to the City.

If prior to contract award, a Proposer discovers a mistake in their Proposal which renders the Proposal unwilling to perform under any resulting contract, the Proposer must immediately notify the facilitator and request to withdraw the Proposal. It shall be solely within the City's discretion as to whether withdrawal will be permitted. If the solicitation contemplated evaluation and award of "all or none" of the items, then any withdrawal must be for the entire Proposal. If the solicitation provided for evaluation and award on a line item or combination of items basis, the City may consider permitting withdrawal of specific line item(s) or combination of items.

7. Responsibility of Proposers: The City shall not be liable for any expenses incurred by potential Contractors in the preparation or submission of their Proposals. Pre-contractual expenses are not to be included in the Contractor’s Pricing Sheet. Pre-contractual expenses are defined as, including but not limited to, expenses incurred by Proposer in:

 Preparing Proposal in response to this RFP;
 Submitting that Proposal to the City;
 Negotiating with the City any matter related to the Proposal; and,  Any other expenses incurred by the Proposer prior to the date of the award and execution, if any, of the contract.

8. Confidentiality: The California Public Records Act (Cal. Govt. Code Sections 6250 et seq.) mandates public access to government records. Therefore, unless information is exempt from disclosure by law, the content of any request for explanation, exception, or substitution, response to this RFP, protest, or any other written communication between the City and Proposer, shall be available to the public. The City intends to release all public portions of the Proposals following the evaluation process at such time as a recommendation is made to the City Council.

If Proposer believes any communication contains trade secrets or other proprietary information that the Proposer believes would cause substantial injury to the Proposer’s competitive position if disclosed, the Proposer shall request that the City withhold from disclosure the proprietary information by marking each page containing such proprietary information as confidential.

Proposer may not designate its entire Proposal as confidential nor designate its Price Proposal as confidential.

Submission of a Proposal shall indicate that, if Proposer requests that the City withhold from disclosure information identified as confidential, and the City complies with the Proposer’s request, Proposer shall assume all responsibility for any challenges resulting from the non- disclosure, indemnify and hold harmless the City from and against all damages (including but not limited to attorney’s fees and costs that may be awarded to the party requesting the Proposer information), and pay any and all costs and expenses related to the withholding of Proposer information. Proposer shall not make a claim, sue, or maintain any legal action against the City or its directors, officers, employees, or agents concerning the disclosure, or withholding from disclosure, of any Proposer information. If Proposer does not request that the City withhold from disclosure information identified as confidential, the City shall have no obligation to withhold the information from disclosure and may release the information sought without any liability to the City.
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9. Ex Parte Communications: Proposers and Proposers’ representatives should not communicate with the City Council members about this RFP. In addition, Proposers and Proposers’ representatives should not communicate outside the procedures set forth in this RFP with an officer, employee or agent of the City, including any member of the evaluation panel, with the exception of the RFP Facilitator, regarding this RFP until after Contract Award.

Proposers and their representatives are not prohibited, however, from making oral statements or presentations in public to one or more representatives of the City during a public meeting.

A "Proposer" or "Proposer's representative" includes all the Proposer's employees, officers, directors, consultants and agents, any subcontractors or suppliers listed in the Proposer's Proposal, and any individual or entity who has been requested by the Proposer to contact the City on the Proposer's behalf. Proposers shall include the Ex Parte Communications Form, Appendix C with their Proposals certifying that they have not had or directed prohibited communications as described in this section.

10. Conflict of Interest: The Proposer warrants and represents that it presently has no interest and agrees that it will not acquire any interest which would present a conflict of interest under California Government Code Sections 1090 et seq., or Sections 87100 et seq., during the performance of services under any Agreement awarded. The Proposer further covenants that it will not knowingly employ any person having such an interest in the performance of any Agreement awarded. Violation of this provision may result in any Agreement awarded being deemed void and unenforceable.

11. Disclosure of Governmental Position : In order to analyze possible conflicts that might prevent a Proposer from acting on behalf of the City, the City requires that all Proposers disclose in their Proposals any positions that they hold as directors, officers, or employees of any governmental entity. Additional disclosure may be required prior to contract award or during the term of the contract. Each Proposer shall disclose whether any owner or employee of the firm currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months using the attached Disclosure of Government Positions Form, Appendix D.

12. Conditions to Agreement: The selected Proposer will execute a Professional Service Agreement for Services with the City describing the Scope of Services to be performed, the schedule for completion of the services, compensation, and other pertinent provisions. The contract shall follow the sample form of Agreement provided as Appendix C to this RFP, which may be modified by the City.

All Proposers are directed to particularly review the indemnification and insurance requirements set forth in the sample Agreement. The terms of the agreement, including insurance requirements have been mandated by the City and can be modified only if extraordinary circumstances exist.

Submittal of a Proposal shall be deemed acceptance of all the terms set forth in this RFP and the sample agreement for services unless the Proposer includes with its Proposal, in writing, any conditions or exceptions requested by the Proposer to the proposed Agreement. 123
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13. Disqualification Questionnaire: Proposers shall complete and submit, under penalty of perjury, a standard form of questionnaire inquiring whether a Proposer, any officer of a proposer, or any employee of a Proposer who has a proprietary interest in the Proposer, has ever been disqualified, removed, or otherwise prevented from proposing on, or completing a federal, state, or local government project because of a violation of law or safety regulation and if so, to explain the circumstances. A Proposal may be rejected on the basis of a Proposer, any officer or employee of such Proposer, having been disqualified, removed, or otherwise prevented from proposing on, or completing a federal, state, or local project because of a violation of law or a safety regulation, Appendix D.

14. Standard Terms and Conditions: The City reserves the right to amend or supplement this RFP prior to the Proposal due date. All addendum(s) and additional information will be posted via PlanetBids. Proposers should check this web page daily for new information. 124
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APPENDIX A

SCOPE OF WORK
FOR

TOWING SERVICES

The City may award multiple contracts for towing services. The current number of vehicles impounded each year is approximately two thousand four hundred fifty (2,450) and the number of vehicles stored is approximately one thousand four hundred (1,400).

The towing service will be required to impound, store, remove vehicles from a traffic collision, clean-up as required, attend to disabled vehicles, have an evidence hold area for the vehicles and generally provide towing and storage service on a twenty-four (24) hour, seven (7) days a week, three hundred sixty-five (365) days a year.

Towing services will also include light, medium, and heavy-duty City vehicles and equipment on an as needed basis for the City of Costa Mesa.

It shall be the responsibility of the Proposer to respond immediately and promptly provide towing services for vehicles to be taken into custody, when such service is called for by the Police Department. The towing services to be performed by the Proposer shall include, but are not limited to, towing services for vehicles involved in accidents or disabled by other causes, impeding the flow of traffic, impound for evidence, abandoned in public places or on private property, and for any other reason at the request of the City of Costa Mesa Police Department.

The tow service operator shall maintain sufficient numbers of trucks and equipment to be able to respond to a CMPD tow request to any location within the City within fifteen (15) minutes. Heavy Duty (Class C) and Super Heavy Duty (Class D) tow trucks shall respond within forty-five (45) minutes of CMPD tow requests within the City limits. If a tow company is requested and not able to comply with the response of (15) minutes or (45) minutes for a heavy duty tow, the Costa Mesa Police Department has the authority to request another tow service.

The detailed scope of work is defined in Exhibit 1, Costa Mesa Police Department Tow Policy Guidelines and Requirements. It is suggested that all Proposer(s) become familiar with this to determine if they can meet the City of Costa Mesa requirements before submitting a proposal.

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EXHIBIT 1

CITY OF COSTA MESA

POLICE DEPARTMENT

TOW POLICY GUIDELINES AND REQUIREMENTS

JANUARY 2017

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TABLE OF CONTENTS

PURPOSE ...................................................................................................................... 1 GOALS ........................................................................................................................... 1 TOW SERVICES - DEFINITIONS ................................................................................... 1 RESPONSE TO CALLS ................................................................................................ 1 ABANDONED VEHICLES ............................................................................................. 2 COSTA MESA MUNICIPAL CODE ARTICLE 18 .......................................................... 2  TOWING SERVICE REQUIREMENTS ............................................................... 3 -Contract Tow Service Operators ......................................................................... 3 -Tow Yard Requirements .................................................................................... 5 -Storage Security Responsibility ......................................................................... 6 -Evidence Hold or Special Handling Requirements ............................................. 6  BUSINESS OFFICE ............................................................................................. 7 -Business Office Staff ........................................................................................... 8 -Charges for Towing and Related Services .......................................................... 9 -City Recovery of Administrative Fees ................................................................. 10 -Payment .............................................................................................................. 10  TOW TRUCK DRIVERS ..................................................................................... 11 -Driving Infractions of Employees ........................................................................ 12 -Drivers Training ................................................................................................... 13 -Drivers Licensing................................................................................................. 13 -Employee Uniforms ............................................................................................ 14  TOW TRUCK CLASSIFICATIONS AND EQUIPMENT ...................................... 15 -Classes of Tow Trucks ....................................................................................... 16 -Inspections ......................................................................................................... 17  CHARGES AND LIEN SALES ........................................................................... 18 -Charges for “Evidence Hold” Vehicles ................................................................ 18  FINANCIAL INTEREST ....................................................................................... 19  ROTATION RULES ............................................................................................. 19  FREE SERVICES PROVIDED TO THE CITY ...................................................... 20 -Towing Services for City-Owned Vehicles .......................................................... 20 -Costa Mesa Fire Department Training Vehicles .................................................. 20  RECORDS & REPORTING ................................................................................. 20  COMPLAINTS ..................................................................................................... 23  DISCIPLINARY ACTION ..................................................................................... 24  TERMINATION .................................................................................................... 25

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CITY OF COSTA MESA

POLICE TOW POLICY GUIDELINES AND REQUIREMENTS

PURPOSE

The purpose of the Costa Mesa Police Tow Policy Guidelines and Requirements (“Policy”) is to establish guidelines and requirements to efficiently manage and provide police-initiated towing service that will be of mutual benefit to the public, the Costa Mesa Police Department (“CMPD”), and the towing companies providing that service.

GOALS

1. To provide the highest level of service to the motoring public at a fair and low cost to the person(s) who require(s) the services of a towing company.

2. To provide a workable and comprehensive policy regarding towing and/or storage of abandoned, disabled, stored or impounded vehicles from public or private property.

3. To provide grounds for addressing relevant matters pertaining to the administration of a rotational tow list and any other pertinent matters including procedures governing disciplinary action, up to removal from the rotational tow list for the tow service operators violating the contract.

TOWING SERVICES - DEFINITIONS

1. A call for towing service, which is initiated by a City employee, for the purpose of storing or impounding a vehicle.

2. A call for towing service, which is initiated by a City employee, for the purpose of removing a vehicle which has been involved in a collision and the owner or driver has not specified a tow service or garage.

3. A call for towing service, which is initiated by a City employee, at the request of the driver of a disabled vehicle and the towing service or garage is unspecified.

4. A call for clean-up service, which is initiated by a City employee, for the purpose of removing fluids or solid materials from the highway, including sidewalks and parkways.

5. The Police Tow Policy Guidelines and Requirements shall apply to all tow service operators that are on contract with the City of Costa Mesa.

RESPONSE TO CALLS

Upon request by the CMPD, the tow service operator shall respond promptly and provide towing services for vehicles to be taken into custody by the Police Department. Such towing services shall include, but not be limited to, towing vehicles which are involved in accidents, disabled by other causes, impeding the flow of traffic, impounded for evidence, abandoned in public places or on private property or for any other reason within the jurisdiction of the Police Department. 128
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When dispatched by CMPD, the tow service operator shall not remove any vehicle involved in a collision until authorized by CMPD.

The tow service operator agrees that its operators, employees and agents will only report to the scene of an accident or a disabled vehicle when summoned by the law enforcement officer or the person in control of the disabled vehicle.

In addition to removal of vehicles, the tow service operator shall remove, transport and dispose of all debris and fluids, including oil and gasoline, resulting from accidents in compliance with all applicable federal, state and local regulations concerning hazardous materials. In the event a call to remove a disabled vehicle is received by the tow service operator, necessitating response prior to completion of site clean-up, the tow service operator shall clear the current site sufficiently to restore normal traffic movement before proceeding to the subsequent request. Any vehicles remaining shall be towed to the storage facility at the earliest opportunity.

In the event the tow service operator receives an additional call to remove a disabled vehicle that is interrupting traffic flow while an earlier call is being processed, the tow service operator shall clear the site specified in the prior call sufficiently to restore normal traffic movement and immediately proceed to the site specified in the additional call. Any disabled vehicle deposited or parked by the tow service operator at the site specified in any call shall be towed to storage at the earliest opportunity after the tow service operator has complied with the above provisions for restoring traffic movement at all specified sites.

On any private property tows, the tow service operator shall observe and notify CMPD of any damage to any property.

ABANDONED VEHICLES

Abandoned vehicles and private property tows shall comply will all provisions of California Vehicle Code sections 22650 et seq. Failure to comply may result in disciplinary action up to or including termination of the contract.

COSTA MESA MUNICIPAL CODE ARTICLE 18
Each tow service operator shall comply with all applicable sections of Title 9, Chapter II, Article 18 of the Costa Mesa Municipal Code.

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TOWING SERVICE REQUIREMENTS

Each tow service operator shall render 24-hour, 7-day a week towing service, and the service area shall include the entire city limits of Costa Mesa. Towing companies shall respond to the scene within fifteen (15) minutes from the time when called by the Costa Mesa Telecommunications Dispatch Center. The response time for a Heavy Duty (Class C) & Super Heavy Duty (Class D) vehicle tow may be up to forty-five (45) minutes.

The tow service operator agrees that its service, including the releasing of vehicles, will be available on a 24-hour, 7 days-a-week basis and that it will provide the CMPD with a complete description of its towing operation for the City of Costa Mesa at the time it signs its agreement with the City. For any vehicle release during business hours, the tow service operator shall ensure that a person wait no longer than twenty (20) minutes to take possession of his/her vehicle after payment of fees. After business hours, the tow service provider shall ensure a person waiting to take possession of his/her vehicle wait no longer than thirty (30) minutes for response from the tow service operator.

Each tow service operator shall have dispatching capability to their trucks/drivers 24 hours per day.

The tow service operator on call shall maintain a minimum of one driver on-duty at all times. In addition, at least one driver will be on stand-by at all times.

The tow service operator, or its employees, operators or agents shall not have any financial interest in any repair shop(s) to which private parties are referred by that tow service operator, employee, operator or agent. The tow service operator is prohibited from requiring a tow to any particular repair shop(s) and is prohibited from requesting or receiving a fee from any repair shop(s) for towing a vehicle to that facility or for a referral to that facility.

The tow service operator or its employees, operators or agents shall not engage in practices commonly referred to in the tow services business as “soliciting”, “cruising”, or “poaching.”

CONTRACT TOW SERVICE OPERATORS

All tow service operators shall conduct their business in an orderly, ethical, business-like manner and use every means to obtain and keep the confidence of the motoring public.

All tow service operators shall be responsible for the acts of their employees while on duty and for damage to vehicles while in their possession.

All tow service operators shall be responsible for the protection of police-impounded vehicles, regardless of the location of storage, until the vehicles have either been released to their owners or disposed of through a legal process.

Each tow service operator shall keep current on, and ensure compliance with, all laws and regulations associated with being a tow operator.

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No contracted tow service operator shall be directly involved in the towing related business of any other towing service contracting with Costa Mesa or with a company providing private security services which have the power or duty to patrol or enforce parking regulations on private or public property.

All tow service operators shall comply with sections 9880.1 through 9884.17 of the California Business and Professions Code with regard to unauthorized charges or repair work on the vehicle in its charge and posting of notices.

The tow service operator shall maintain a current/valid motor carrier permit and provide the CMPD with a current copy. Failure to maintain a valid permit will result in automatic suspension of all activity until a valid motor carrier permit is obtained.

The tow service operator shall maintain current registration on all vehicles. Each tow service operator must provide CMPD with a copy of valid registration for each vehicle in his/her/its fleet. Failure to maintain current registration on any vehicle will result in removing the vehicle from towing services for the City of Costa Mesa until valid registration is obtained.

The tow service operator must maintain the standard current/valid insurance as required by the City of Costa Mesa, as defined in the Request for Proposal document. Auto insurance must be maintained for each vehicle. The insurance certificates must be provided to the CMPD. The insurance certificates must be approved by the Risk Management Division. Failure to maintain current/valid insurance may result in suspension of all towing activity until current/valid insurance is obtained.

The tow service operator is responsible for complying with all applicable federal, state, and local laws and regulations pertaining to a drug and alcohol free workplace. The tow service operator is required to have a drug and alcohol policy in writing, which must be distributed and made easily accessible to all of their employees. The tow service operator is required to provide a copy of their drug and alcohol free workplace policy to CMPD, and any changes to that policy shall be submitted in writing to CMPD.

Failure to comply with the requirements of this policy and the requirements set forth in the contract will be handled on a case by case basis and may result in suspension and/or termination from providing tow services for the City of Costa Mesa.

The tow service operator shall notify the CMPD of any vehicles being towed or stored within the City pursuant to private party requests, prior to leaving the City limits or within thirty (30) minutes of vehicle storage, whichever occurs first.

The tow service operator shall notify outside jurisdictions of any vehicles being towed or stored from that jurisdiction, prior to bringing the vehicle into the City of Costa Mesa.

Notwithstanding any provision or language that might indicate to the contrary, in responding to a call from the CMPD, the tow service operator shall have no claim against the City of Costa Mesa for the cost of its service rendered, but shall look solely to the owner of the vehicle transported. The City of Costa Mesa makes no representation that such person will be financially responsible.

All personal property located within towed or stored vehicles shall be surrendered to the vehicle owner upon request and upon presentation of proper identification, unless the vehicle is to be held for evidence.

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Any change in operating locations of a towing service provider shall be reported, in writing, to the CMPD at least thirty (30) days prior to such change.

Each contract tow service provider shall comply with section 27907 of the California Vehicle Code regarding signs on tow trucks. Contract tow service providers shall only dispatch to the scene of the need tow trucks bearing the name of the towing service.

All vehicles stored or impounded as a result of a tow ordered by the City of Costa Mesa shall be towed directly to a towing service storage lot unless the CMPD or other person legally in charge of the vehicle requests that it be taken to some other location.

TOW YARD REQUIREMENTS

General Requirements

All stored vehicles shall be stored and released from the tow service provider’s office, which shall be located within five (5) miles from CMPD Headquarters (99 Fair Drive, Costa Mesa, CA 92626).

Towing service storage lots shall be adequately fenced with gates locked and secured and reasonably well-lighted to maintain a maximum of security for stored and impounded vehicles. All storage lots must be inspected and approved by CMPD.

Open area storage yard(s) shall comply with all requirements of the zoning and building codes of the jurisdiction of the facility. Perimeter gates and fencing shall be maintained to ensure security and discourage unauthorized access.

There shall be adequate lighting to illuminate the entire storage/impound lot as well as all structures thereon. Evidence of compliance may be provided through photo metrics on a site plan. This compliance shall be presented to the CMPD and Costa Mesa Planning Division, if requested. Lighting shall be directed so as not to interfere with neighboring uses. Sign(s) identifying the tow service business to the public shall be visible and legible from the street during daylight and evening hours. A ring down line shall be provided at the tow yard/business office for direct ring to the tow yard operator after hours.

Adequate open storage space shall be provided to accommodate stored, impounded, and disabled vehicles resulting from CMPD calls for towing services. The minimum capacity of such a lot shall be not less than 100 vehicles, and said capacity shall be expressly for the purpose of storing Costa Mesa police tows. Tow service operators may have more than one lot in order to accommodate the 100 vehicles. All storage lots shall be located within five (5) miles of the CMPD Headquarters.

The CMPD reserves the right to require any other security devices it deems reasonably necessary.

Any damage to wall structures shall be repaired within 24 hours to ensure proper protection for the stored/impounded vehicles.
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Prior to the utilization of a new storage facility, the tow service operator shall obtain the approval of the Chief of Police or his/her designee and furnish the new address thirty (30) days in advance for inspection.

STORAGE SECURITY RESPONSIBILITY

The tow service 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 of Costa Mesa for official police tow storage. Facilities utilized by the tow service operator for CMPD tow storage must be located within five (5) miles of CMPD Headquarters.

The tow service operator shall be held accountable for all personal property and vehicle accessories, together with the vehicle stored within its storage facility. The City of Costa Mesa, its officers, agents, and employees shall be relieved of all responsibility.

The tow service operator shall not remove personal property from a stored vehicle. If the registered owner removes personal property from a stored vehicle, the tow service operator shall maintain documentation of such and will require a signed receipt from the registered owner for property released.

The tow service operator shall immediately notify the CMPD if any contraband, weapons or hazardous materials are found in the vehicle(s).

No vehicle impounded at the direction of the CMPD shall be released, sold or dismantled without written approval (signed release) from the CMPD.

Upon taking possession of the towed vehicle, the tow service operator assumes full responsibility for the vehicle and its contents.

EVIDENCE HOLD OR SPECIAL HANDLING REQUIREMENTS

 The secured “evidence hold” area must be within the confines of the tow service provider’s primary storage facility, which shall be located within five (5) miles of the CMPD Headquarters.

 The tow service provider shall be able to provide an enclosed evidence hold area. The hold area must contain four walls, a solid roof, and a door with a locking device for protection from the elements of weather and other forms of contamination.

 The evidence hold area should be closed to all employees of the tow company other than management. This area should have the capability to be locked and sealed by police personnel, if necessary, and be accessible 24-hours, 7-days per week by members of the CMPD.

 The bottom edge of the enclosed structure shall not be more than two (2) inches above the finished parking surface of the enclosed area.

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 This space must be adequate to contain at least one (1) full-sized passenger vehicle. Please note that CMPD requires five (5) such evidence hold spaces.

 This space must be at least 1,000 square feet or more and within the tow company’s main storage area.

 Vehicles impounded by the CMPD for special investigation shall be stored in evidence hold until cleared by the investigating officers, at which time the owners shall be permitted a forty-eight (48)-hour grace period at no charge in which to remove the vehicles from storage. Under no circumstances shall contents of vehicles with a "Police Hold" be removed.

 The area shall provide ample room for vehicle inspection, free of restriction from other vehicles, equipment, structures, or other objects.

 Structures shall have a hard floor of either concrete or asphalt.

 Only items being held as police evidence shall be kept in the evidence hold storage area. The evidence hold storage area and floor shall be kept in a clean condition.

 There must be adequate lighting and electrical power immediately available to the area.

 The area shall be free of pedestrian and vehicle traffic during the inspection.

 Vehicles with “evidence holds” shall not be touched, moved, or tampered with in any manner without CMPD’s written consent.

 Protection shall also be provided to preclude evidence contamination by employees and other individuals during normal business hours.

 A log shall be maintained to document date, time, name and purpose of all person(s) entering the storage area for vehicles with “evidence holds.”

 The tow service operator shall not charge the City for storage of vehicles that involve evidence holds.

BUSINESS OFFICE

The tow service provider must have one business office location within five (5) miles of the CMPD Headquarters, at which vehicles are released. The tow service provider must be able to demonstrate experience and expertise in providing towing services to public agencies and have been in the towing business within the County of Orange for a minimum of two (2) years prior to the start of contract. If telephones are the means of communication for receipt of calls from the CMPD, tow service provider shall provide a list of telephone numbers to be called in order of priority, and immediately upon any change in such telephone numbers, or in the priority thereof, shall notify the CMPD in writing with effective the date of the change.

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 The office shall be staffed with employees that can release vehicles, file and maintain documents, and answer questions from the public, both in person and on the phone, and/or electronically by e-mail.

 The business office shall include either the tow service operator or a person who has the authority to conduct business and make decisions on behalf of the tow service operator for administrative purposes and release of vehicles.

 The office shall be staffed and open for business Monday through Friday, 8:00 a.m. to 5:00 p.m.

Hours and charges shall be posted for public view in an unobstructed area inside the office.

 During business hours, the tow service office staff shall release any vehicle, upon payment of fees, within twenty (20) minutes. After business hours, tow service staff shall ensure that a person waiting to take possession of his/her vehicle shall wait no longer than 30 minutes for response from tow service operator. A ring down line shall be provided at the business office for direct ring to the tow yard operator after hours.

 The tow service office may be closed on City of Costa Mesa recognized holidays; however, those days will be posted in the tow office and visible to the public at least five (5) business days in advance, provided, however, that the operator must still comply with the requirement that no person waiting to take possession of his/her vehicle shall wait longer than 30 minutes for response from the tow service operator.

 The towing service office shall possess a valid City of Costa Mesa Business License.

Business Office Staff

Employees of tow service operators shall provide good customer service at all times.

Employees shall refrain from any acts of misconduct including, but, not limited to, any of the following:

1) Rude or discourteous behavior.
2) Lack of service, selective service, or refusal to provide service which the operator is or should be capable of performing.
3) Any act of sexual harassment or sexual impropriety, gender, racial, or religious discrimination.

All tow service operators shall comply with the following non-discrimination policy:

Non-discrimination. In performing tow services pursuant to the Police Tow Policy Guidelines and Requirements, the tow service operator shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code section 1735.

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Charges for Towing and Related Services

Initial Towing Fee and Daily Storage Charges shall be in compliance with California Vehicle Code section 22658 and in accordance with the rates established based on sections 9-284.8 and 9-284.9 the Costa Mesa Municipal Code.

Tow and storage rates shall be posted conspicuously in public view, in accordance with California Civil Code section 3070 (17 inches x 22 inches, with letters at least 1 inch in height).

The tow service operator agrees to provide the following services to the City at or below the rates established periodically by the City Council in accordance with section 9-284.9 of the Costa Mesa Municipal Code:

 Basic Tow/Flat Bed Tow
 Heavy Duty Tow (over ¾ ton)
 Super Heavy Duty (over 1 ton)
 Inside Storage
 Outside Storage
 Storage of Trucks, Trailers, Buses
 Storage of Motorcycles
 Tow Dolly
 Dropped Drive Line
 Winching/Recovery
 Labor
 After Hours Release
 Street Clean Up After Accident (No Tow) – Hourly Rate  Lock outs/Extrication

With the exception of the basic tow rate, the preceding services are based on a 24-hour period. No charge or other fee shall be collected for a dry-run (i.e., when none of the above chargeable services is rendered by the tow service operator). It will be the tow service operator’s responsibility to collect its fees for services rendered pursuant to this Policy and its contract with the City, and the City of Costa Mesa shall not be responsible in any way for such charges.

In the event the CMPD errs in impounding a vehicle, or for any other reason in the CMPD’s sole discretion CMPD concludes a vehicle should be released without any charges, the tow service operator shall immediately release such vehicle without charge upon request by the CMPD.

The tow service provider must honor “no charge” or “reduced charge” towing fee waivers authorized by a Costa Mesa Police Watch Commander, Traffic Sergeant or higher, or Detective Sergeant or higher.

If clean up at collision locations is requested and no vehicle tow is being requested, the towing service provider may charge the City for clean up at the agreed upon rate based upon hours verified by the CMPD on site.

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Annually, the fees established by the City Council shall be subject to automatic annual adjustments in proportion to the percentage change in the Consumer Price Index (“CPI”), as set forth in section 9- 284.9 of the Costa Mesa Municipal Code.

City Recovery of Administrative Fees

The tow service provider must collect the City of Costa Mesa’s reasonably borne administrative costs, on behalf of the City of Costa Mesa, in the prescribed amount established by the City user fees each year. The tow service provider must remit the collected fees on or before the 20th day of each calendar month. Payments must be made by check, payable to the City of Costa Mesa. Payments must be accompanied by statements indicating the number of towing incidents applied to compute the total fees remitted. The City has a right to request an audit at any time. If the audit is performed and errors are found, then the City may charge the tow service provider for the audit costs.

Payment

Payment of cash or credit card with proper identification shall be accepted by the tow service operator on calls for any services provided. The tow service operator, when responding to other CMPD-ordered tows, shall accept payment in the manner consistent with California Vehicle Code section 22651.1, as set forth below:

22651.1. Payment of towing and storage costs by credit card or cash. Persons operating or in charge of any storage facility where vehicles are stored pursuant to Section 22651 shall accept a valid bank credit card or cash for payment of towing and storage by the registered owner, legal owner, or the owner's agent claiming the vehicle. A credit card shall be in the name of the person presenting the card. “Credit card” means “credit card” as defined in subdivision (a) of Section 1747.02 of the Civil Code, except, for the purposes of this section, credit card does not include a credit card issued by a retail seller. A person operating or in charge of any storage facility who refuses to accept a valid bank credit card shall be liable to the owner of the vehicle or the person who tendered the fees for four times the amount of the towing and storage charges, but not to exceed five hundred dollars ($500). In addition, persons operating or in charge of the storage facility shall have sufficient funds on the premises to accommodate and make change in a reasonable monetary transaction.

Credit charges for towing and storage services shall comply with Section 1748.1 of the Civil Code. Law enforcement agencies may include the costs of providing for payment by credit when agreeing with a towing or storage provider on rates.

TOW TRUCK DRIVERS

1. Drivers shall perform all towing and recovery services in the safest and most expedient manner possible.

2. The tow service operator shall ensure that drivers assigned to respond to City of Costa Mesa service calls are qualified employees, trained and proficient in the use of the tow truck and all related tow equipment, and able to apply the procedures necessary to safely tow and recover vehicles serviced under the operator’s contract with the City.

3. All Drivers assigned to respond to City of Costa Mesa service calls will be:
 Awake and alert
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 Punctual
 Able to speak and write English fluently and clearly
 Subject to a criminal history background records check to the reasonable satisfaction of the Chief of Police or his designee
 Possess a valid California Driver's License (CDL)
 Not under the influence of alcohol, marijuana or any controlled substance  No DUI convictions
 Neat, clean and well groomed in appearance

Tattoos – In order to ensure a professional appearance for all tow service providers in Costa Mesa, all tattoos must be concealed by operators while working. Operators will be required to conceal any tattoos with gloves, collars, long sleeves, or by other means acceptable to the CMPD. Facial tattoos of any variety are not permitted. No facial piercings shall be worn while on duty. If there are any questions, clarification/authorization may be obtained by contacting the Police Chief’s designee.

4. Drivers shall possess the proper class license(s) and certificate(s) required for the class of tow vehicle driven and for the type of tow service performed. Class A licenses must be endorsed by the Department of Motor Vehicles (DMV) to allow for operation of special vehicle configurations and/or special cargo.

5. All drivers will be required to submit to a City of Costa Mesa criminal history records check, including Live Scan fingerprinting, which will be conducted at CMPD. Felony and misdemeanor convictions may be disqualifying. The City of Costa Mesa may elect to issue identification (ID) cards to those employees that successfully pass the background check.

6. The tow service operator shall maintain and provide the CMPD with a current list of drivers upon contract award, or upon request. Specific details required are noted in the Records and Reporting section of this document.

7. The tow service operator shall notify the CMPD in writing, which may be provided via e-mail correspondence, of any change in drivers or driver status and provide the CMPD with an updated list of drivers within seven (7) calendar days following date of change during the term of the contract.

Driving Infractions of Employees

The tow service operator and employees shall, at all times, comply with federal, state, and local laws and ordinances.

1) In the event of a traffic infraction by a rotational tow truck driver, the tow service operator will be advised of the violation by the CMPD. The tow service operator will be granted the opportunity to take necessary steps to ensure that the driver complies with the law. Any subsequent traffic violations may be cause for disciplinary action against the operator and/or the involved employees.

2) Any misdemeanor traffic violations may be cause for immediate disciplinary action against the operator and/or the involved employees.
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3) Any conviction of the operator or an employee involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a drug- related offense, felony driving while under the influence of alcohol and/or a drug, misdemeanor driving while under the influence of alcohol and/or a drug, or moral turpitude may be cause for suspension or removal of the employee or operator, denial of the operator’s application, or termination of the contract.

4) An operator or employee arrested/charged for a violation involving any of the crimes listed in number 3, above, may be suspended from rotational tow until the case is adjudicated.

5) CMPD may take appropriate enforcement or administrative action for any violations of law.

Complaints for violations of the law not normally investigated by CMPD will be referred to the agency with investigative jurisdiction.

6) Nothing herein shall be deemed to prohibit CMPD from immediately suspending, terminating, or denying an application of any operator or employee whose conduct, in the opinion of the Chief of Police or his/her designee, is deemed to be a danger to the motoring public or who has engaged in conduct constituting a flagrant violation of the agreement.

Operators shall not employ tow truck drivers with poor driving records or with traffic-related felonies.

To do so knowingly or negligently would be grounds for suspension or termination.

Examples:

1. A driving record reflecting four (4) or more points in twelve (12) months constitutes a poor driving record. Five (5) or more points in twenty-four (24) months constitutes a poor driving record.

2. A driving record reflecting a conviction for driving while under the influence of intoxicating liquor or narcotic/drugs or both, within the preceding seven (7) years constitutes a poor driving record.

3. A driver with a commercial license reflecting three (3) or more points in twelve (12) months constitutes a poor driving record. Four (4) or more points in twenty-four (24) months constitutes a poor driving record.

4. For a driver with a commercial license reflecting a conviction for driving while under the influence of intoxicating liquor or narcotic/drugs or both, within the preceding seven (7) years constitutes a poor driving record.

Driver Training

The tow service operator is solely responsible for the training of its employees. The operator shall ensure tow truck drivers responding to calls initiated by CMPD have completed the training, as required by section 2436.5 of the California Vehicle Code, within the past five (5) years. The tow service operator shall provide proof of said training for every driver on staff.

The training shall include, but not be limited to, all of the following:

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1. Tow truck driver and motorist safety.

2. Vehicle operation.

3. Traffic control and scene management.

4. Communication procedures.

5. Demeanor and courtesy.

Driver Licensing

The towing company shall ensure that only qualified and competent tow drivers respond to calls initiated by the CMPD. Tow drivers shall be at least eighteen (18) years old (in compliance with California Vehicle Code section 12515) and possess the following minimum class driver’s license:

1. Class A tow trucks - a valid Class C (3) license or a valid Class A (1) license with a valid medical certificate.

2. Class B tow trucks - a valid Class A (1) license with a valid medical certificate.

3. Class C tow trucks - a valid Class A (1) license with a valid medical certificate.

4. Class D tow trucks - a valid Class A (1) license with a valid medical certificate.

The Class A (1) licenses must be endorsed to allow operation of special vehicle configurations and/or special cargoes. Tow truck drivers shall have the proper class of license and endorsement(s) for vehicle and cargo being transported as shown below:

VEHICLE TYPE OR CARGO CLASS LICENSE ENDORSE/CODE

Pulling more than one trailer A T

Transporting passenger for hire A or B P

Tank vehicle A or B N

Hazardous materials A, B or C H

Tank vehicle with hazardous materials A, B or C X

Whenever tank vehicles, double trailers, and hazardous materials carriers are towed or driven, the driver needs to possess the appropriate class of license and endorsement.

Empty buses can be towed without the passenger transport endorsement, but the tow truck driver must have the passenger transport endorsement if the bus is driven by him/her, even without passengers.

Tow truck drivers may obtain a Class A driver’s license which is restricted to towing other vehicles.

The actual driving of damaged vehicles or vehicles being serviced requires that the Class A license not be restricted to towing vehicles.

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All tow truck drivers must be proficient in unlocking locked vehicles with minimal damage, when so requested by CMPD.

Employee Uniforms

Each tow service operator shall be required to furnish their employees with a distinctive company uniform. Each uniform shall have the company name as well as the employee’s name in a conspicuous place. The tow company name and driver’s first name shall be easily visible at all times; protective or inclement weather outer garments must also meet this standard. Each employee shall have sufficient uniforms so as to maintain a neat, clean appearance at all times. Minimum requirements for uniforms include a shirt, pants, and appropriate safety shoes. All drivers shall be in uniform before any towing or service operation begins. No wording, designs, photos, gestures, or anything that could be considered offensive or obscene to the general public shall be displayed by the tow drivers or on any part of the uniform. These dress standards are required in order to project a professional and positive image to the motoring public, of the tow company representing the City of Costa Mesa and the CMPD.

Drivers shall wear appropriate warning garments (e.g., vests, jackets, shirts, retroreflective clothing) as required by section 1598 of the California Code of Regulations. Drivers shall further comply with all applicable requirements for warning garments set forth by the Occupational Safety and Health Administration (OSHA).

TOW TRUCK CLASSIFICATIONS AND EQUIPMENT

All tow trucks and their equipment shall be in good working condition. Once a tow truck has arrived at a scene, the driver shall, without undue delay, move vehicles to a location where they do not impede or obstruct traffic, and remove any debris and fluids (except clear water) on the ground originating from the vehicles. Undue delay includes, but is not limited to, delays caused by lack of knowledge or training of the tow truck driver to effectively operate the tow truck or its equipment, faulty equipment, and the lack of necessary equipment or supplies to remove a vehicle and/or clean the scene.

The tow service operator agrees to maintain all of its tow vehicles in compliance with all applicable provisions of the California Vehicle Code, including, but not limited to, sections 24605, 25253, 25300, 27700, and all Vehicle Code sections regarding smog equipment requirements, consistent with industry standards and practices. Said equipment requirements shall be maintained throughout the term of the agreement. The tow service operator also agrees that all tow vehicles and tow trucks shall be maintained in a clean and neat manner and in sound mechanical condition at all times, and that on all accident calls the tow service operator will clean up and remove all debris from the accident scene as required by CMPD.

The tow service operator must comply with all federal, state, and local air pollution control laws and regulations applicable to tow services.

The equipment and performance of each towing service provider shall be subject to periodic review and/or inspection by the Chief of Police or his/her designee.

Each tow truck shall be equipped with:

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 Two-way radio or “hands free” telephone, or other acceptable communications equipment.

Citizen’s Band Class D is not acceptable.
 Two (2) covered buckets, each having a minimum capacity of three (3) gallons. One bucket shall contain at least three (3) gallons of absorbent material (such as sand or similar material in keeping with Environmental Protection Agency (EPA) guidelines) capable of soaking fluids. The second bucket shall be used for placement of debris and other materials cleaned from an incident site.
 One (1) broom.
 One (1) shovel.

All State and Federal EPA Guidelines shall be followed.

Control/Safety Labels - All controls shall be clearly marked to indicate proper operation, as well as any special warnings or cautions.

All tow trucks under CMPD contract shall clearly display, in contrasting colors, the name of the tow company, address, telephone number and truck number.

Tow trucks shall not display the words “Official Police Tow” or words to that effect, without prior written approval from CMPD.

Classes of Tow Trucks

Tow Truck and Car Carrier Classifications: Tow truck and car carrier classifications are based on the truck chassis gross vehicle weight rating (GVWR) and the classification system used by the American Trucking Association (ATA) and truck manufacturers. Tow truck and car carrier classifications shall meet all applicable state and/or federal standards.

There will be four (4) classes of tow trucks covered under this Policy.

Class A - Light Duty:

The tow service operator shall maintain a minimum of five (5) trucks with a manufacturer’s GVWR of 10,000 to 19,500 pounds with wheel lift capability, and may have a car carrier. Class A equipment must include a 4-ton recovery equipment rating and 100 feet of 3/8 inch 6x19 cable or original equipment manufacturer (OEM) specifications.

A towing company that has a car carrier may be exempted from the wheel lift capability requirements; however, the car carrier must be an additional unit. A Class A one vehicle car carrier must be equipped with 10,000 to 16,000 GVWR chassis. Class A one vehicle must be equipped with a 16,001 to 19,500 GVWR chassis. Both must be equipped with a 3/8 inch 6x19 cable or OEM specifications.

Class B - Medium Duty:

The tow service operator shall maintain at least one (1) tow truck with a manufacturer’s GVWR of 19,501 to 33,000 pounds. The truck shall be capable of providing air to the towed vehicle. Class B equipment must include a 19,501 to 33,000 GVWR chassis and 150 feet of 7/16 inch 6x19 cable or OEM specifications.
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The tow company may also have a car carrier; however, the car carrier must be an additional unit. A Class B car carrier must be equipped with a 19,501 + GVWR chassis and 50 feet of 3/8 inch 6x19 cable or OEM specifications.

Class C - Heavy Duty:

The tow service operator shall maintain access to at least one (1) three (3) axle tow truck with a manufacturer’s GVWR of at least 33,000 pounds. The truck shall be equipped with air brakes and must be capable of providing air to the towed vehicle. Class C equipment must include a 33,000 to 50,000 GVWR chassis, 25-ton recovery equipment rating, and 200 feet of 5/8 inch cable or OEM specifications.

Class D - Super Heavy Duty:

The tow service operator shall maintain access to at least one (1) three (3) axle tow truck with a manufacturer’s GVWR of at least 50,000 pounds. The truck shall be equipped with air brakes and must be capable of providing air to the towed vehicle. Class D equipment must include a 50,000 GVWR chassis, 30-ton recovery equipment rating, and 250 feet of 3/4 inch 6x19 cable or OEM specifications.

Inspections

Tow trucks - An annual inspection will be conducted to determine if the operator’s tow vehicles comply with sections 24605, 25253, 27700, and 27907 of the California Vehicle Code.

1. This inspection may be done by commercial enforcement officers as directed by CMPD and shall be done on an annual basis. If so done, the inspection sheet will be forwarded to the CMPD Traffic Bureau for their files. Tow trucks found in violation of the Vehicle Code equipment sections shall be repaired, then inspected by CMPD before returning to service.

2. Failure to correct deficiencies or equipment violations shall result in the tow service being suspended from the CMPD rotation list without further notice until the deficiency or violation is corrected.

3. The annual inspection shall consist of a Level One inspection conducted by a commercial enforcement officer, or any other officer assigned to the task, and a tow truck inspection (as set forth in the State of California CHP Tow Truck Inspection Guide). Upon successful completion of the inspection, a sticker or decal shall be issued by the City of Costa Mesa to the inspected vehicle. Evidence of a valid CHP inspection and current sticker will also be acceptable.

4. Tow Facility - CMPD reserves the right to conduct an inspection at any time of the tow service facilities and/or its equipment. However, a mandatory inspection will be conducted annually.

 If any deficiencies and/or violations are discovered during the initial inspection at the time of and for the express purpose of a new contract, the tow service provider may be disqualified without the courtesy of a correction period.

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 If any deficiencies and/or violations are discovered, including an inspection for a contract renewal, the tow service will be so advised in writing. The tow service will be given five (5) business days to rectify the deficiency or violation(s).

 Exception: Any damage to walls and/or fence structures in the tow yard facility shall be repaired within twenty-four (24) hours.

CHARGES AND LIEN SALES

The tow service operator must be familiar with all applicable DMV regulations and have the expertise to handle the paperwork for the Abandoned Vehicle Abatement (AVA) Program, including lien sales, invoices and billing for each individual abated vehicle.

The tow service operator shall comply with California Vehicle Code section 10652 in reporting vehicles that have been stored for 30 days.

Towing service providers shall, when disposing of unclaimed vehicles, abide by all California Code sections pertaining thereto. Vehicles flagged by CMPD for destruction may not be sold by lien sale, but must be destroyed and a certificate of destruction must be provided to the CMPD.

After seventy-two (72) hours, the tow operator may bill the registered owner for lien sale charges, not to exceed the amount actually expended by operator. The operator shall not bill the City of Costa Mesa for such charges.

If hook-up or service has begun and is canceled by the vehicle owner/agent, or CMPD, charges owed (drop fee) shall be no more than one-half of the regular towing charge.

The registered owner of any vehicle that spills a fluid requiring a tow company to use absorbent may be charged the current clean-up rate by the tow service provider.

Charges for “Evidence Hold” Vehicles

The initial towing fee shall be billed to the registered owner of the vehicle.

Storage for evidence hold shall commence only upon notification by an authorized CMPD officer.

All such vehicles shall be released from evidence as soon as practicable. CMPD will provide formal notification to the tow operator as to the effective date of release. Any storage occurring after such effective date shall be charged to the vehicle’s owner(s) in accordance with scheduled rates.

Whenever a vehicle is held for evidence, the contract tow service provider will contact the CMPD by the third calendar day of storage to confirm its status. Notification will be made to a Supervisor in the appropriate Division or Bureau as indicated on the impound form.

All lien sale proceedings for stored/impounded vehicles shall be in accordance with California Vehicle Code sections 9800 through 9808, 22851 through 22856, and Civil Code sections 3067 through 3074.

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The contract tow service provider shall comply with all provisions of California Vehicle Code Section 22850.3(b) for vehicles impounded pursuant to Vehicle Code Section 22850.

FINANCIAL INTEREST

A. No tow service provider or applicant shall be directly involved in the towing related business of any other tow service provider or applicant within the City of Costa Mesa. Directly involved shall mean any of the following in common between tow service operators or applicants:

1. Business license

2. Insurance

3. Tow truck or equipment ownership

4. Employees

B. Storage facilities sharing property with other businesses or services must be separated by conditions or barriers meeting with the approval of the CMPD, as defined in the Police Tow Policy Guidelines.

C. No tow company may transfer or assign its agreement with the City without the express written consent of the City of Costa Mesa.

D. City personnel shall not be offered gratuities, and requests for gratuities shall not be honored by contract tow service providers, towing employees or associates of each towing company. A violation of this section shall be cause for suspension or termination of the towing contract.

ROTATION RULES

Whenever a vehicle owner is unable to specify a particular tow service, the tow service called shall be the next tow provider from the rotation list, in a rotational order. The rotational order shall be under the control of the City’s Telecommunications Division to ensure equitable distribution of calls. The current method used by the City of Costa Mesa for tow rotation is based on alternation of each tow provider after a one-week period. When more than one vehicle is to be towed from an incident, the contract tow service provider on rotation shall have preference on service to all vehicles at an incident. If that tow service provider cannot handle service for all vehicles, then the next contract tow service provider up on rotation shall be called to assist and shall not lose their position on the rotation list.

The tow service provider shall advise CMPD at the time of notification if they are either unable to respond or unable to meet the required response time. If, after accepting the call, the contract tow service provider is unable to respond or will be delayed in responding, the towing company shall immediately notify the Telecommunications Division Dispatch Center.

There may be times when a tow company that was not called to a scene comes upon a collision scene where a vehicle or vehicles are blocking a roadway or a vehicle is a hazard in the roadway and a CMPD officer requests their assistance in clearing the roadway. In such a case, the towing company may be requested to move the vehicle to a safe location, as directed by the officer, and leave it. There shall be 145
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no charge for this assistance, and the assistance provided shall not change the tow service provider’s place in the rotation.

A towing company shall not respond to a CMPD call assigned to another tow service unless requested to do so by the CMPD.

FREE SERVICES PROVIDED TO THE CITY

Towing Services for City-Owned Vehicles

The tow service operator shall tow any CMPD and/or other City vehicles (under 6,000 lbs.), disabled within the City of Costa Mesa limits, at the request of City staff, free of charge. Any City vehicle weighing more than six thousand pounds (6,000 lbs.) shall be charged the standard tow rate. Towing of any CMPD and/or other City vehicles outside the City of Costa Mesa limits shall be charged the tow mileage rate only.

In addition, the towing operator shall provide free tire changes, jump starts and assistance with lockouts for all City vehicles requiring assistance within the city limits.

Costa Mesa Fire Department Training Vehicles

Upon request from the Costa Mesa Fire Department, the tow service operator shall provide the Costa Mesa Fire Department with up to two unclaimed vehicles that are ready for demolition each month, for training purposes. Tow service operators shall make arrangements with the Costa Mesa Fire Department to drop-off and pick up vehicles from the Costa Mesa Fire Department training lot at 2300 Placentia Avenue, Costa Mesa, California 92627, at no charge to the City.

RECORDS & REPORTING

1. The tow service operator shall maintain an accurate record of all vehicles towed pursuant to its contract with the City.

2. The operator shall maintain records of all tow services furnished. The records shall be maintained at the operator's place of business. Invoices shall, at a minimum, include a description of each vehicle, nature of service, start time, end time, location of call, itemized costs of towing and storage, the tow truck driver's name, and truck used.

3. The tow service operator shall file required reports and notifications with the DMV in the manner required by law.

4. The tow service operator’s record keeping system must allow the tow service operator to quickly and efficiently locate records and information.

5. All records for CMPD impounds and storage shall be maintained in jacket files, segregated from the files of other law enforcement agencies.

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6. Reports submitted shall contain information concerning services provided under the contract only.

7. At the operator’s primary office, business records shall also be maintained relating to personnel, insurance, personnel taxes, payroll, applicable operating authorities, local operating authorities, lien sale actions, Federal Communication Commission licensing (if applicable), and non-police tows.

8. The records of all vehicles impounded or stored at the direction of the City of Costa Mesa shall be available for inspection only to authorized employees or officials of the City of Costa Mesa.

9. CMPD may inspect all operator records without notice during normal business hours.

10. Operators shall permit the CMPD to make copies of business records at their place of business, or to remove business records for the purpose of reproduction. CMPD shall provide a receipt for any original record removed from the place of business.

11. Records shall be maintained and available for inspection for four (4) years from the date that the current contract commences.

12. Failure of the operator to comply with inspection requirements shall be cause for suspension.

13. The tow service provider shall maintain a current list of drivers and shall furnish a copy of same to CMPD on or before the 10th day of each month. This list shall contain current information on owner(s) and drivers. Specific information furnished shall include:

 Name
 Residence address
 City
 Zip code
 Telephone numbers
 Date of birth
 Driver’s license number
 Vehicle unit number
 Tow operator’s permit number
 Date of permit
 Date of hire
 Date of current list
 Any other personnel information that may be requested by the Police Department

This information shall be supplied on a towing service personnel report form. This form must be signed and dated by a tow company representative. False and/or misleading information is cause for termination.

14. Each tow service provider shall record its time in and time out on every official assignment. Such records shall be made available and open to examination by the City of Costa Mesa.

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15. A representative from the Traffic Safety Bureau may contact the tow service operator via telephone daily to compare the tow service operator’s list of towed vehicles with CMPD’s list of towed vehicles.

16. Each tow service operator shall submit a report of released vehicles to the Traffic Safety Bureau upon request. The report shall contain the following information for each vehicle:

 Date vehicle was towed and beginning date of storage period  Location of pick up
 Date and time of release
 Vehicle year
 Vehicle make
 Vehicle model
 License plate state and number
 Vehicle identification number
 Case number
 Name, address and telephone number of person to whom released  Proof of identity provided
 Name of employee releasing vehicle

17. Towing service providers shall submit a monthly report to the Traffic Safety Bureau, which shall include the following information:

 The total number of police impounds
 Number of times dispatched by CMPD
 Number of CMPD calls resulting in impounds
 Number of calls answered in which time beyond one (1) hour was required to handle

A copy of the monthly report shall also be provided to the Finance Department with remittance of administrative fees due on or before the 20th day of each calendar month.

18. Records shall be available to the City of Costa Mesa for inspection upon request and shall contain the following information for each vehicle:

 Date and time of tow
 Location of vehicle when hooked up
 Name of tow vehicle operator
 Name and identification number of police employee requesting the tow  Storage facility name and address
 Physical location of vehicle, if stored
 Identification of vehicle, including:
 Year, make, model, vehicle identification number, license plate state and number, color(s)  Release or other disposition information, including:
i. Date and time of release
ii. Name, address and telephone number of person to whom released iii. Proof of identity provided
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iv. Name of employee releasing vehicle
v. Police report number
vi. Fees charged

19. Records for each vehicle shall be maintained for a period of not less than four (4) years from the date of each tow. Records shall conform to generally accepted accounting principles.

20. The tow service operator shall maintain a list of all vehicles towed under this contract during each calendar day. A calendar day begins at 12:00 AM and ends at 11:59 PM the same day.

The list shall include the following information:

 Vehicle year
 Vehicle make
 Vehicle model
 License plate state and number
 Vehicle identification number
 Case number

21. Each tow service operator shall submit this daily list of towed vehicles to CMPD’s Traffic Safety Bureau every month unless other mutually agreeable arrangements are made in a format agreed upon by the Traffic Safety Bureau and the tow service operator.

COMPLAINTS

Complaints against tow service operators will be documented on a Costa Mesa Tow Complaint form.

CMPD may send out customer surveys from time to time. Complaints will be received and investigated for allegations of, but not limited to:

 Discourteous service
 Unethical business practices
 Unsafe or improper handling of stored or impounded vehicles  Over-charging for services
 Excessive delay in responding to calls
 Unsafe towing equipment
 Violations of State laws
 Violations of City ordinances
 Deficient facility security
 Deficient facility storage conditions
 Failure to comply with City of Costa Mesa Tow Policy
 Failure to perform according to the Towing Agreement
 Failure to keep required records

Complaints will be assigned to the Chief of Police or his/her designee for investigation. Staff will endeavor to, within ten (10) business days, send a copy of the complaint and a letter requiring a response to the affected towing company’s owner(s).

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No notice shall be sent or delivered if it is determined that notification will impede or interfere with police investigations.

The tow service provider shall respond in writing to the complaint within ten (10) business days from the date of the City’s letter. Failure to respond within ten (10) business days will result in the investigating officer making a decision to the complaint based on the information available.

The investigating officer will consider all the evidence available and assign a disposition to the complaint. The disposition categories are:

 Unfounded - Incident did not occur or did occur but was lawful and within Policy.

 Inconclusive - Unable to determine if the incident did or did not occur, or unable to determine if the towing service or its employee(s) are responsible.

 Sustained - Incident occurred and was either contrary to the Tow Policy, Towing Agreement, State laws, or City ordinances.

The tow service provider and complainant will then be notified of the disposition of the complaint in writing.

DISCIPLINARY ACTION

A. If a complaint is determined to be sustained, and the circumstances or prior records show cause for a suspension or termination of the tow service provider’s service, the officer investigating the complaint will present the facts to the Chief of Police, or his/her designee, with a recommendation for disciplinary action.

B. The Chief of Police, or his/her designee, will review the facts and the recommendations. Upon doing so, the Chief of Police will either concur with the recommendation or determine another course of action.

C. If the Chief of Police arrives at a decision to suspend or terminate the services of a tow service provider, the decision will be forwarded, as a recommendation, to the City Manager, whose decision will be final.

D. The tow operator shall receive a copy of the Chief of Police’s recommendation at the time it is forwarded to the City Manager, and shall have ten (10) calendar days to respond in writing to the City Manager.

E. After consideration of the Chief of Police’s recommendation and any timely written submission of the tow operator, the City Manager shall issue a written determination of whether he/she concurs with the decision to suspend or terminate a contract tow service provider’s services.

The towing company will be promptly notified in writing of the impending disciplinary action.

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TERMINATION

The City of Costa Mesa may terminate any agreement during its term without cause by providing a thirty (30) day written notice to the contract tow service operator. The City of Costa Mesa may terminate this contract for cause five (5) days after written notice is given. The contract may be terminated for cause by the City of Costa Mesa upon the occurrence of any one or more of the following events:

1. Failure of the tow service provider to comply with any of the provisions of this Policy.

2. Repeated and/or flagrant violations of the Vehicle Code by the tow service provider.

3. Failure of the tow service provider to maintain clean, orderly, and secure storage facilities.

4. Failure of the tow service provider to obtain and maintain a current valid license to do business in the City.

5. Repeated failure of the tow service provider to answer service calls within the agreed upon fifteen (15) minute response time.

6. Commission, by the owner or operator of the tow service provider, of any unlawful, false, fraudulent, deceptive or dangerous act while conducting its towing operation business.

7. Removal by the tow service provider, prior to police arrival, of a vehicle involved in a collision where, as a result of such collision, a person suffered death or injury; or where the driver of one of the vehicles involved in the collision, or any of the passengers of a vehicle involved in the collision, was under the influence of an intoxicant of any nature; or where there is evidence that the vehicle to be towed was involved in a hit-and-run collision.

8. Insurance coverage as required herein has either been withdrawn or lapsed, or is not in force for any reason.

9. Dissolution of business or bankruptcy.

10. For assignment of its agreement with the City, or any right or interest stated therein, without the prior written consent of the City of Costa Mesa.

11. For any substantial or recurring deviation from the City of Costa Mesa’s approved schedule of rates.

12. Failure of the contract tow service provider to maintain satisfactory service to the public or for failure to keep any towing vehicle in a safe condition and good repair.

13. Failure to comply with any requirement of the CMPD.

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EXHIBIT 2

CITY OF COSTA MESA’S CURRENT TOW RATES

Towing –
Basic Tow $186.00 Flatbed or Medium Duty Tow $209.00
Heavy Duty Tow $335.00
Motorcycle Tow $209.00

Storage –
Outside Storage Car $46.00 per day Inside Storage Car $64.00 per day Outside Storage Truck $58.00 per day Inside Storage Truck $64.00 per day Motorcycle Storage $25.00 per day

Labor–
Tow Dolly $58.00 R & R Linkage/Driveshaft $28.00
Rollover/Winching $64.00
Hourly Labor $186.00 per hour After Hour Release $58.00
(Before 8:00 a.m. and
after 5:00 p.m.*)
Service Call - Minimum $80.00
On-Scene Release $92.00

*After hours release fee is charged on Weekends & Holidays.

City Fee–
Vehicle Impound Fee Public *$200.00
Vehicle Impound Fee Private $20.00

*The City fee was $200.00 increase effective January 2009.

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APPENDIX D
FORMS

Vendor Application Form
Ex Parte Communications Certification
Disclosure of Government Positions
Disqualification Questionnaire
Company Profile & References
Bidder/Applicant/Contractor Campaign Contribution
General Questionnaire/Requirements for Towing Services

153

EXHIBIT B

CONTRACTOR’S PROPOSAL

154
1 965 W. 18th Street, Costa Mesa Ca 92627 (949)642-1252 Fax (949)646-3492 Costa Mesa City Council
77 Fair Drive
Costa Mesa, CA 92626
Dear Council Members,
Please accept the attached forms as our response to the City of Costa Mesa request for proposal number 25-17, Towing Services. This project will be managed out of our office located at 965 W. 18th St Costa Mesa Ca 92627. We can be reached by phone at 949-642-1252. No subcontractor will be used.

Below I will provide some key points from our proposal to summarize what makes our company uniquely qualified to satisfy the goals listed in the RFP. I will expand upon these key points within our RFP response.
-100,000 Square feet of storage space -Inside storage for 40 vehicles -Outside storage space for 250 vehicles -Office staffed 24/7 365 days a year -Large fleet for quick response times -Continuous local owner for 55 years -On site emergency backup generator -Extensive surveillance system In addition to the above points we have a very experienced management team and drivers that have the training and expertise to execute the goals of this contract. Please call with any questions. Your consideration is greatly appreciated.

Sincerely,

Tyler Miller

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2 Table of Contents

Page
Cover Letter 1 Background Project Summary 3
Project Approach and Methodology 3
Qualifications and Experience of the Firm 7
Equipment and Facilities 11
Key Personnel 13 Cost Proposal See separate PDF Disclosure 12 RFP Related Forms and Questionnaires Starting at page 16 Company Profile and References 21 Driver Training Certificate Examples 28 Sample Invoice 30 Employee Uniform Picture 31 G&W Towing Facility Photos 32 Financial Capacity ***Confidential*** 33

156
3 • Background and Project Summary Section: The Background and Project Summary Section should describe your understanding of the City, the work to be done, and the objectives to be accomplished. Refer to Scope of Work, Attachment A of this RFP. –G&W Towing has been a provider for the CMPD for many years so we understand the demands of this City. We understand the hot spots for traffic across Costa Mesa and strategically place drivers to anticipate towing needs. We always over staff our employees in order to accomplish the goals of the CMPD in regards to storing vehicles.

G&W is situated on 100,000 square feet of land including a 10,000 square foot building, 5,650 feet of which is dedicated to Police evidence/inside storage. Our size is unique to any towing businesses in the area and allows us to store hundreds of vehicles in the heart of Costa Mesa. The work to be done in this RFP will require a lot of outdoor space along with inside evidence storage, and we have that space available. Having this space also allows us to store all our equipment, including heavy duty equipment, within a few minutes driving to anywhere in Costa Mesa. This allows us to accomplish a few of the major goals of this RFP: Providing the best possible service at a fair and low cost to the motoring public as well as providing the facilities needed to impound/store hundreds of vehicles for the CMPD. Our trucks often arrive on scene in less than 10 minutes so a G&W Towing employee can take possession of a vehicle and CMPD personnel can move on to another assignment.

We have the facilities and equipment to accomplish all of the objectives and requirements of this RFP.
• Project approach and Methodology: Provide a detailed description of the approach and methodology to be used to fulfill each requirement listed in the Scope of Services of this RFP.

The section should include:

1. Describe, in detail, the company’s method of approach to the Scope of Work as defined in Exhibit 1 Police Tow Policy Guidelines and Requirements. Address the manner in which the firm proposes to meet the specific requirements of the scope of work including, but not limited to, response time, business office and hours, 24-hour availability and reporting requirements.-G&W Towing was founded in 1970 to provide service in Costa Mesa. We are a local family owned company with 3 generations of experience. Our office, equipment and storage facilities are conveniently located at 965 W. 18th Street in Costa Mesa for quick response times. To provide the City of Costa Mesa with the best possible service our office is open and staffed with trained personnel 24 hours a day 7 days a week. This means that if an officer needs to come to our facility to inspect a vehicle or if police dispatch simply has a question about a vehicle, an onsite G&W Towing employee will be available at all times to let an officer in our yard or answer questions. Maintaining an employee onsite 24 hours a day 7 days a week allows G&W to release vehicles if necessary without delay to vehicle owners. It 157
4 also allows G&W to meet any reporting needs immediately. Records are kept onsite and reported in accordance with State law.

Basing our entire fleets of trucks, including heavy duty tow trucks, within the City allows G&W to respond to Police calls quickly. Our fleet is strategically placed around the City and often arrives on scene for police calls in less than 10 minutes. ****Please see responses below to show how we exceed minimum requirement*** A) Proposer must have 10 years of continuous tow service to a government agency:
- We have been towing for Newport Beach PD for 40 years, Costa Mesa PD for 44 years, The California Highway Patrol for 45 years, and the University of California Irvine for 15 years.

B) Must be owned by current owner for minimum 5 years: We have been owned by the same owner for 55 years. G&W has only had one owner ever.

C) Must have the ability to store 10 vehicles inside approximately 1,500 Square feet: Our secure onsite inside storage is 5,650 square feet and can fit approximately 35 vehicles inside, nearly 4 times the requirements of this RFP.

D)Must have 24 hour access to inside storage: Our inside storage is accessible 24/7. We have the proper permits to use all of our property 24/7.

2. List the names, titles, responsibilities and telephone numbers of the persons to be contacted, at any hour, in the event of an emergency.

G. W. Miller, President. Oversees all operations. Office 949-642-1252 Tyler Miller, Vice President. Oversees all operations. Office 949-642-1252 Chris Yagerlener, General Mgr. Oversees personnel and business operations Office 949-642-1252

3. Provide information on whether any of the services in this towing contract will be subcontracted out to another company and if so, then describe the portion of work and who will be providing the service. -No subcontractors will be used. G&W has the equipment and personnel to handle any request.

4.Describe in de tail the company’s proposed procedures for the release of a vehicle under this contract. -Vehicles with Police holds are available for pickup 24 hours a day 7 days a week with a Police vehicle release. Vehicle owners can present a vehicle release in our lobby 24/7 without waiting and upon presenting proper ID and payment will receive their vehicle.

5. Describe the company’s proposed policies and procedures for allowing access to vehicles by owners.-Owners and authorized non-owners have 24 hour access to their vehicles. Vehicles with police holds are available 24 hours a day with police authorization. An ID will be required to access a vehicle and the person accessing the vehicle will be accompanied by a G&W employee to record items removed and ensure other vehicles are not touched.

Additionally, state procedures for the following:
a. Allowing the owner to cover the vehicle or take other protective measures.-We allow vehicle owners to cover their vehicles or take other protective measures. We often roll up windows 158
5 and tops on convertibles to prevent weather damage. Inside storage is also available on request.
b. Allowing the owner to remove personal effects or other articles from the interior of the vehicle.-Owners or authorized non-owners have access to vehicles 24 hours a day 7 days a week. Owners retrieving property are provided with carts for convenience to empty their vehicle. Items retrieved are recorded and signed for. A G&W employee supervises people removing property to ensure security of other vehicles in the yard. c. Allowing the owner, an authorized non-o wner and an unauthorized non-owner (such as a private investigator not employed by the owner) to photograph or take notes about the condition of the vehicle.-Owners and authorized non-owners are allowed full access to their vehicle as necessary for photographs etc. Un-authorized non-owners are not allowed access.

6. For vehicles in its care, state the firm’s policies and procedures for:
a. Determining whether or not a vehicle was damaged.-First, inspect the vehicle as required.

Second, review the police report for the vehicle and compare findings. Then continue investigating using all resources including security cameras, vehicle tracking, and employee and customer interviews. Use that information to come to a fair conclusion. b. Determining whether or not a vehicle was stolen.-C
onduct a thorough search of our facility
and investigate all possible reports(security cameras/video motion sensors etc.) and use other information to determine if anything is missing. Please note we verify our inventory multiple times a week and as a result we have not had a vehicle stolen in our 50 year history. c. Determining whe
ther or not a vehicle was stolen from.-Review the Police departments inventory report. Conduct a thorough investigation using all possible resources, including security cameras and motion sensors, vehicle tracking, and employee interviews to reach a fair and true resolution.
d. Making restitution to the owner in the event that a vehicle is damaged, stolen and/or stolen from.-If restitution is due to an owner either G&W Towing or our insurance company would make payment.

7. State the company’s policies and pr ocedures for:
a. Determining whether or not private property was damaged in the course of the firm’s duties.-Review the Police Departments report of the incident. Conduct a thorough investigation using all possible resources, and interview all witnesses to reach a fair and true resolution. b. Making restitution to the owner or restoring the property if so determined.-I f restitution is due to an owner, either our company or our insurance company could make payment.

8. State the company’s policies and p rocedures for informing a vehicle owner:
159
6 a. A vehicle is in the firm’s possession: -Notices to vehicle owners are sent as required by law using an independent third party service, licensed by the state of California. b. The location of the vehicle: -L ocation of the vehicle is included in the notice sent by an independent third party service.
c. The condition of the vehicle: C ondition of the vehicle is included in the report sent by the police department and the independent third party service.

9. Stat e the company’s policies and procedures for receiving and resolving complaints from the public. Provide the name, qualifications, and contact information for the person(s) responsible for receiving and resolving complaints. -Any complaint received by any method is thoroughly investigated by either of our company managers to reach a fair resolution. Our managers are Chris Yagerlener and Alex Silva and they have over 50 years of experience in the tow industry between them. They are both available at our office located at 965 W. 18th Street Costa Mesa, ca 92627 or by phone at 949-642-1252.

10. Describe the manner in which the company will inform the City and the public of changes to policies and procedures. Include samples of any informational materials the company would use. Describe the procedures for monitoring employee adherence to procedures, whether new or established. –Any changes in policies will be communicated in writing to the City of Costa Mesa, and will be posted in our lobby for the public. Our employees are monitored daily and any policy changes are addressed at employee meetings and posted in our dispatch office.

11. Describe in detail the manner in which the company intends to meet the reporting requirements of Exhibit 1 Police Tow Policy Guidelines and Requirements. Include a detailed description of the company’s record keeping tools and methods. Describe any additional information the company is capable of recording that may be of use to Costa Mesa Police Department. –We will meet the Police Department reporting requirements by using our computer systems storage reporting function as necessary to fully comply. Reports will be generated as required or as requested containing any information the police department requests. Our computer dispatch system can generate many data points relating to calls for service by the Police Department.

12. Propose a method of receiving completed release forms electronically from Costa Mesa Police Department by the firm, if one is available. –Releases can be received digitally by email to a designated email address we could provide. We are also able to receive releases by fax, internet or any other means if desired.

13. Propose a method of delivering the monthly report of released vehicles to Costa Mesa Police Department electronically, if available. –We are able to FAX, email, or hand deliver monthly reports if desired.

14. Propose any informational or reporting enhancements the company is capable of providing.

Example: secure web-based access to the company’s inventory of vehicles towed and stored 160
7 under this contract by Costa Mesa Police Department. –We currently use computers for our information reporting requirements. Information is available 24 hours a day 7 days a week as needed. We are willing to fully cooperate with The Police Department request for share information if desired.

15. Proposers are encouraged to provide additional innovative and/or creative approaches for providing the service that will maximize efficient, cost-effective operations or increased performance capabilities. In addition, the City will consider Proposals that offer alternative service delivery means and methods for the services desired. –We currently use GPS tracking to position our trucks across the City to respond as quickly as possible to any call. Because we are based in Costa Mesa we always have trucks ready to respond. We also constantly upgrade our fleet to utilize the newest trucks and technology. Because of this we are able to take advantage of improvements by manufacturers so our trucks run as efficiently as possible. We always look for ways to upgrade our efficiency and if we find a way to do that we implement that strategy immediately. We have a very modern fleet to keep up with strict emissions laws in California.

We are also open to any suggestions the Police Department might have for improving our service.
• Qualifications & Experience of the Firm: Describe the qualifications and experience of the organization or entity performing services/projects within the past eight years that are similar in size and scope to demonstrate competence to perform these services. Information shall include:

Officers: G.W. Miller, President. 965 W. 18th Street Costa Mesa, Ca 92627 Tyler Miller, Vice President. 965 W. 18th Street Costa Mesa, Ca 92627 This office opened its doors in 1990.

3. List all businesses owned or controlled by yourself (applicant) or business manager doing similar business in California under another name. List business name and address and specify who owns or controls the business (e.g., self, business manager, etc.). 161
8 -G & W Towing, Inc. 965 W. 18th Street Costa Mesa, Ca. Owner is self. - DBA G & W Towing. 965 W. 18th Street Costa Mesa, Ca. Owner is self.

5. How many years have you been in business under your present business name? -55 years.

6. List all business names that you operate as a towing service in the County of Orange. -G & W Towing, Inc.
-DBA G & W Towing

7. List all businesses for which you or your business manager have filed for bankruptcy protection while operating under a towing service contract. -None.

8. Provide a list of current and previous contracts similar to the requirements for Costa Mesa.

Include all public agencies served. For each, provide a brief description of the scope of work, the length of time the firm has been providing services and the name, title and telephone number of the person who may contacted regarding the firms service record. -Costa Mesa Police Department, 1981-present. Full service vehicle towing and storage.

Contact: Sgt. Barnes 714-754-5125
-Newport Beach Police Department, 1980 to present. Full service vehicle towing and storage.

Contact: Deputy Director Stafford 949-644-3650
-Fountain Valley Police Department, 2020-present. Full service towing and storage.

Contact: Lt. Frahm 714-593-4485 Ext 529
-California Highway Patrol, 1980-present. Full service vehicle towing and storage.

Officer Howell 714-338-5500 Ext. 5543 Please email him and he will call you. -University of California Irvine Police Department. Full service vehicle towing and storage. 2010 to present. Contact: Sgt. Jon Sloan 949-824-7794
-Irvine Police Department, 2018-present. Full service vehicle towing and storage.

Contact: Officer Crones 949-724-7000

9. Submit a description of the firm’s qualifications, experience and abilities that make it uniquely capable to provide services under this contract.

G & W Towing has been providing towing services in Costa Mesa since 1970. We have the largest indoor and outdoor storage facilities in the city and many of our employees have 162
9 been with us for 15+ years. We have a wide range of equipment to handle any vehicle we may come across. G & W uses the latest technology to track our fleet and position our trucks in order to serve the Costa Mesa Police Department as quickly and efficiently as possible. G & W Towing operates out of a single location so our equipment is always located nearby, this includes our heavy duty equipment and allows us to respond very quickly to calls for service.

Our large secure indoor evidence area allows us to accommodate any police request for evidence hold. We could fit a bus inside if needed. The size of our indoor evidence hold area is much larger than this RFP requires and I believe that is unique to our facilities in this area. Our building is also equipped with an emergency generator should the power ever go out. Our facilities are run off a natural gas generator when electricity goes down allowing our building to remain fully operational even during a power outage. G & W Towing has been servicing the Costa Mesa Police Department for 38+ years and we have the experience and equipment to handle any situation.

10. Provide a detailed list of subcontractors proposed to be used, if any. For each, submit a description of the services the subcontractor will perform and specific qualifications and experience. – No subcontractors will be used.

G & W Towing Code of Ethics

1. To show my faith and worthiness of my profession by upholding high standards, honor, and a high degree of integrity.

2. To provide the general public with the best possible service and to promote a sense of personal obligation to each individual customer.

3. To comply with all Federal, State, County, and City laws and regulations.

4. To aid my fellow industry man in time of need.

5. To seek success and to demand fair remuneration that is justly due, but accept no profit at the price of my own self-respect lost because of an unfair advantage taken or questionable acts on my part.

6. To promote friendly and cooperative attitudes to all members of the association.

7. To provide the public with adequate equipment, kept as clean and neat as possible, to train our drivers to be polite and courteous at all times.

8. To encourage the American free enterprise system.

9. To employ truth and accuracy in advertising and soliciting, and to honor any commitments made in the course of business.

G & W Towing Confidentiality Agreemen
t
I understand and agree that:

1. Law enforcement contracts require the Tow Contractor and its employees, to treat as 163
10 confidential all the information provided by all agencies.

2. I may have access to, or become aware of, information regarding the pursuit, apprehension or prosecution of criminal suspects, and/or information of a highly confidential or sensitive nature.

3. I shall treat the official business of the Agencies as confidential. I agree and I shall disseminate Agency information only to those Agency bureaus, officials and/or tow contractors for whom it is intended as provided by the contract, and to no other person. I further agree not to divulge or disclose to any person and confidential or sensitive information of any kind or form learned of obtained by me.

4. I agree that I have personal and individual responsibility for the protection of Agency information, documents and material I have come in contact with.

5. I shall report at once to my immediate supervisor and the Towing Coordinator, if I am arrested, charged, convicted, or sentenced for any criminal offense relating to the protection of the public safety and interest. If I am unsure whether the offense relates to the protection of the public safety and interest, I shall report any criminal offense. I agree that failure to report as provided by this section may result in my dismissal or other disciplinary action by law enforcement agency.

G & W Towing Managerial Philosophy
The purpose and goal of our company is providing services of the highest quality to our customers and our community. To maintain this superior quality, we must present ourselves at all times with courtesy, integrity and honesty, and to hold the company, community and the customers interest and well-being foremost in our minds.

Customer Service Standards and Standards of Quality Ser vice
G & W Towing is committed to customer service. We show it every day by providing the highest level of customer service possible. We pride ourselves on providing our customers and community with a fast, safe, professional, well trained staff 24 hours a day 365 days a year.

A. We treat all of our customers with courtesy.

B. We provide high quality service by a knowledgeable well trained professional staff.

C. We regularly assess our customers and request the communities feedback. We use that information to improve any area we can.

D. We are committed to providing services in accordance to these customer service standards.
-In order to monitor our performance we regularly receive surveys and feedback from various customers to ensure we are performing to our standards every day. We also use GPS to monitor our response times and regularly hold training meetings to update our drivers on safety procedures. This is how we maintain our standards. a. Membership in and/or good standing with an organization that is devoted to ensuring high standards of customer service and consumer protection, such as the Better Business 164
11 Bureau. – We have and A+ rating with the Better Business Bureau. We are members of the California Tow Truck Association and the Towing and Recovery Association of America. b. Membership in and/or good standing with a professional organization devoted to encouraging and maintaining ethical or service standards. –We are members of the California Tow Truck Association and utilize there in person training. All employees also go through Traffic Incident Management (TIM) training. This ensures employees are trained to perform services safely. Employees also receive training through various online organizations. c. Evidence of training and education in customer service, maintaining quality standards and/or maintaining quality standards received by the firm, its employees and its subcontractors.-Please see the attached certificates. All our employees receive these certificates but for the purposes of this RFP I have included only one employees as an example. d. Letters of recommendation from customers and contracting agencies.-Plea se see the attached letter and I encourage you to reach out to any of our listed references within this proposal as well.
e. Copies of instructional material used to ensure employee adherence to ethical, quality and customer service standards.-Please see the attached safety meeting summaries. This is just one month, safety meetings are held monthly. Most of our training is done online and is proprietary to the vendors we use. Please accept the certificates attached in reference to question C. f. A list of references that will attest to the firm’s ethical, quality and service standards. The list should include the name, address and telephone number of the person who may be contacted and a description of the relationship between the firm and the reference. -Bob Evans, 3300 Jamboree Rd Newport Beach Ca, 92660 (800)927-3576, Long term customer.

Service Director at Fletcher Jones Motor Car and a long term customer. -Tim Tauber, 445 E. Coast Hwy Newport Beach Ca, 92660 (949)673-0900 General Manager at Newport Auto Center and a long term customer. *Please also reach out to our law enforcement references if needed which were listed above.

Any public entity which submits a Proposal should describe in detail how it currently performs services like those identified in the Scope of Work within its or other jurisdictions, including photographs, written policies and/or video of services provided. If you have performed these services under contract for another public entity, please provide references for those entities as set forth above for private Proposers. ***See separate Questionnaire document for Photos***
Equipment & Facilities: The info rmation requested in this section should describe the company or entity’ equipment and facilities. Information shall include:

See Page 47 for safety meeting example.
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12 -7 Wheel lift trucks*These are small trucks mainly used for parking control calls. -6 Flatbed medium duty trucks*these are trucks used for accident/disabled vehicles. -1 Heavy duty recovery truck*Handle big rig tows or vehicles that leave the roadway and need to be winched back to the road.

2. Describe the radio equipment proposed to be used in the dispatching of tow vehicles. If dispatching is aided by equipment in addition to radios, describe that equipment. –We use two way radios from our dispatch office to each of our trucks. Drivers receive addresses to police calls by radio and then enter addresses in to in truck GPD units for directions. We also utilize GPS tracking on a screen in our dispatch office to guide our trucks to where they are going if needed.

3. Provide a detailed description of the firm’s facilities including storage lots and business offices. In the event that the firm does not currently own or lease sufficient facilities, provide a description of the firm’s plan to acquire the necessary facility. -Our office and storage facility is located at 965 W. 18th Street Costa Mesa Ca 92627. We occupy 100,000 square feet of property that is fully permitted to operate 24 hours a day 7 days a week.

Our facilities can hold 400 vehicles outside and 35 vehicles inside. Our dispatch offices and inside evidence storage are located within a 10,000 square foot building. 5,650 square feet of our building is dedicated to secure evidence storage. Please note this is nearly 4 times what this contract calls for. Our evidence storage is concrete, clean, well lit and has 24 hour video surveillance. The evidence section is large enough to cover any vehicle for inspection by police day or night. Our evidence area is dedicated to police evidence and only managers have access to the area. Nobody other than managers and police personnel ever enter the evidence storage area. Our mechanic shop consists of approximately 1,500 square feet of the building. Our 2 full time mechanics are constantly performing routine maintenance on our trucks ensuring a safe fleet. The rest of the building is dedicated to dispatch and administrative offices.

4. Provide a detailed description of f
acility security. –For security our office is staffed by a G&W employee 24 hours a day 365 days a year. The yard is brightly illuminated by high powered energy efficient lights at night. The yard is enclosed by an 9 foot barbed wire fence and is routinely checked for any signs of weakness. Every in inch of the facility is covered by motion sensor security cameras that have night vision. 20 cameras are located outside and another 6 are inside to monitor everything. Audio is also recorded inside the dispatch office. Security footage can be retrieved in minutes if needed.
-Cost Proposal.**See separate document**
-Disclosure: Please disclose all past or current business and personal relationships with any current Costa Mesa elected official, appointed official, City employee, or family member of any current Costa Mesa elected official, appointed official, or city employee. Any past or current business relationship may not disqualify the firm from consideration. -None to disclose.
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13 Key Personnel/Resumes of Key People
G.W. Miller-President 949-642-1252 Email: [email protected], - Education: some college.
- Founded G & W Towing in 1970. 50 years towing experience. - Built company from 1 tow truck to where we are today. - Licensed heavy duty driver.
- Certified to operate all equipment we have.
- Widely known as industry expert in towing community.
- Overseen a variety of government agency contract over including: Newport Beach PD, Costa Mesa PD, Irvine PD, UCIPD etc.
- Certified by the California Tow Truck Association.

Tyler Miller V.P.- 949-642-1252 Email: [email protected]
- 19 years of towing industry experience.
- Education: Graduate of the University of Colorado, Boulder. - Responsible for procuring municipal contracts.
- Licensed heavy duty driver.
- Certified to operate all equipment we have.
- Overseas all aspects of business operations and procedures. - Certified by the California Tow Truck Association.
- Overseen a variety of government agency contracts including: Newport Beach PD, Costa Mesa PD, Irvine PD, UCIPD, FVPD etc.

Chris Yagerlener GM- 949-642-1252 Email: [email protected]
– Education: Some college.
- 33 years of towing industry experience.
- Licensed heavy duty operator.
- Certified to operate all equipment we have.
- Oversees staffing and personnel management.
- Certified California Tow Truck Association Heavy Duty operator. -Long term Costa Mesa resident heavily involved in youth sports programs. - Overseen a variety of government agency contracts including: Newport Beach PD, Costa Mesa PD, Irvine PD, UCIPD, CHP, FVPD etc.

Alex Silva- Manager- 949-642-1252 Email: [email protected]
– Education: High School
- 38 years of towing industry experience.
- Licensed heavy duty operator.
- Certified to operate all equipment we have.
- Responsible for day to day office management and customer interaction. - Certified California Tow Truck Association Operator.
- Responsible for meeting Police department requirements on a day to day basis. 167
14 -Overseen a variety of government agency contract over including: Newport Beach PD, Costa Mesa PD, Irvine PD, UCIPD, CHP, FVPD etc.

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PPENDIX D
FORMS

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VEN

DOR APPLICATION FORM
FOR
RFP No. 25-17 TOWING SERVICES

TYPE OF APPLICANT:  NEW  CURRENT VENDOR
Legal Contractual Name of Corporation: ______________________________________ Contact Person for Agreement: _____________________________________________ Title: ______________________________ E-Mail Address: ______________________ Business Telephone: _________________________ Business Fax: ________________ Corporate Mailing Address: ________________________________________________ City, State and Zip Code: __________________________________________________ Contact Person for Proposals: ______________________________________________ Title: ______________________________ E-Mail Address: ______________________ Business Telephone: _________________________ Business Fax: ________________ Is your business: (check one)
 NON PROFIT CORPORATION  FOR PROFIT CORPORATION Is your business: (check one)

CORPORATION  LIMITED LIABILITY PARTNERSHIP
 INDIVIDUAL  SOLE PROPRIETORSHIP
 PARTNERSHIP  UNINCORPORATED ASSOCIATION

G&W Towing Inc.
[email protected]
965 W 18th Street
Costa Mesa Ca 92627
Tyler Miller
949-646-3492
949-642-1252
Tyler Miller
VP
VP
[email protected]
949-642-1252
949-646-3492
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EX P

ARTE COMMUNICATIONS CERTIFICATION
Please indicate by signing below one of the following two statements. Only sign one statement.

I certify that Proposer and Proposer’s representatives have not had any communication with a City Councilmember concerning informal RFP No. 25-17 TOWING SERVICES at any time after February 13, 2025.

________________________________ Date: _______________________ Signature

________________________________
Print

I certify that Proposer or Proposer’s representatives have communicated after February 13, 2025, with a City Councilmember concerning informal RFP No. 25-17 TOWING SERVICES . A copy of all such communications is attached to this form for public distribution.

________________________________ Date: _______________________ Signature

________________________________
Print

Tyler Miller
2/28/2025
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DISQ

UALIFICATION QUESTIONNAIRE
The Contractor shall complete the following questionnaire:

Has the Contractor, any officer of the Contractor, or any employee of the Contractor who has proprietary interest in the Contractor, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or safety regulation?
Yes _____ No _____
If the answer is yes, explain the circumstances in the following space.

X
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DIS

CLOSURE OF GOVERNMENT POSITIONS
Each Proposer shall disclose below whether any owner or employee of Contractor currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months. List below or state "None."

NONE.
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EXHIBIT 1

CITY OF COSTA MESA

POLICE DEPARTMENT

TOW POLICY GUIDELINES AND REQUIREMENTS

JANUARY 2017

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TABLE OF CONTENTS

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CITY OF COSTA MESA

POLICE TOW POLICY GUIDELINES AND REQUIREMENTS

PURPOSE

GOALS

1. To provide the highest level of service to the motoring public at a fair and low cost to the person(s) who require(s) the services of a towing company.

2. To provide a workable and comprehensive policy regarding towing and/or storage of abandoned, disabled, stored or impounded vehicles from public or private property.

TOWING SERVICES - DEFINITIONS

1. A call for towing service, which is initiated by a City employee, for the purpose of storing or impounding a vehicle.

3. A call for towing service, which is initiated by a City employee, at the request of the driver of a disabled vehicle and the towing service or garage is unspecified.

4. A call for clean-up service, which is initiated by a City employee, for the purpose of removing fluids or solid materials from the highway, including sidewalks and parkways.

5. The Police Tow Policy Guidelines and Requirements shall apply to all tow service operators that are on contract with the City of Costa Mesa.

RESPONSE TO CALLS

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When dispatched by CMPD, the tow service operator shall not remove any vehicle involved in a collision until authorized by CMPD.

On any private property tows, the tow service operator shall observe and notify CMPD of any damage to any property.

ABANDONED VEHICLES

COSTA MESA MUNICIPAL CODE ARTICLE 18
Each tow service operator shall comply with all applicable sections of Title 9, Chapter II, Article 18 of the Costa Mesa Municipal Code.

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TOWING SERVICE REQUIREMENTS

Each tow service operator shall have dispatching capability to their trucks/drivers 24 hours per day.

The tow service operator on call shall maintain a minimum of one driver on-duty at all times. In addition, at least one driver will be on stand-by at all times.

The tow service operator or its employees, operators or agents shall not engage in practices commonly referred to in the tow services business as “soliciting”, “cruising”, or “poaching.”

CONTRACT TOW SERVICE OPERATORS

All tow service operators shall conduct their business in an orderly, ethical, business-like manner and use every means to obtain and keep the confidence of the motoring public.

All tow service operators shall be responsible for the acts of their employees while on duty and for damage to vehicles while in their possession.

Each tow service operator shall keep current on, and ensure compliance with, all laws and regulations associated with being a tow operator.

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The tow service operator shall notify outside jurisdictions of any vehicles being towed or stored from that jurisdiction, prior to bringing the vehicle into the City of Costa Mesa.

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Any change in operating locations of a towing service provider shall be reported, in writing, to the CMPD at least thirty (30) days prior to such change.

TOW YARD REQUIREMENTS

General Requirements

All stored vehicles shall be stored and released from the tow service provider’s office, which shall be located within five (5) miles from CMPD Headquarters (99 Fair Drive, Costa Mesa, CA 92626).

The CMPD reserves the right to require any other security devices it deems reasonably necessary.

Any damage to wall structures shall be repaired within 24 hours to ensure proper protection for the stored/impounded vehicles.
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STORAGE SECURITY RESPONSIBILITY

The tow service operator shall immediately notify the CMPD if any contraband, weapons or hazardous materials are found in the vehicle(s).

No vehicle impounded at the direction of the CMPD shall be released, sold or dismantled without written approval (signed release) from the CMPD.

Upon taking possession of the towed vehicle, the tow service operator assumes full responsibility for the vehicle and its contents.

EVIDENCE HOLD OR SPECIAL HANDLING REQUIREMENTS

 The secured “evidence hold” area must be within the confines of the tow service provider’s primary storage facility, which shall be located within five (5) miles of the CMPD Headquarters.

 The bottom edge of the enclosed structure shall not be more than two (2) inches above the finished parking surface of the enclosed area.

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