HomeMy WebLinkAbout2001-315
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RESOLUTION NO. 2001-315
2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN INTERIM
3 AGREEMENT FOR TOW SERVICES WITH HAYES TOWING CONSISTENT WITH
RESOLUTION 1999-86.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed
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to extend on behalf of said City, an Interim Agreement For Tow Services with Hayes Towing for
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providing tow services to the City of San Bernardino. A copy of said Interim Agreement For
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Tow Services is attached as Exhibit "A" and made a part hereof.
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SECTION 2. The authorization to execute the above referenced agreement is rescinded if
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the parties to the agreement fail to execute it within sixty (60) days of the passage of this
13 resolution.
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RESOLUTION NO. 2001-315
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN INTERIM
AGREEMENT FOR TOW SERVICES WITH HAYES TOWING CONSISTENT WITH
RESOLUTION 1999-86.
1 I HERBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
2 Common Council of the City of San Bernardino at a j oint regular meeting thereof, held
3 on the 1st day of October
4 Council Members: AYES
5 ESTRADA x
6 LIEN x
7 MCGINNIS x
8 SCHNETZ x
9 SUAREZ x
10 ANDERSON x
11 MCCAMMACK X
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,2001, by the following vote, to wit:
NAYS
ABSTAIN
ABSENT
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CITY CLERK
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The forgoing Ordinance is hereby approved this 'S{d day of Octo er ,2001.
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J dith Valles, Mayor
ity of San Bernardino
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Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By: ~~ 7.
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Exhibit A
2001-315
INTERIM AGREEMENT FOR TOW SERVICES
2 THIS INTERIM AGREEMENT FOR TOW SERVICES entered into this 1st day
3 of October 2001, by and between the City of San Bernardino ("City") and Hayes Towing
4 ("Towing Carrier") shall become effective October 1, 20DIT'he term of this agreement shall
5 extend until such time that a Selection Criteria Process is approved by the Legislative Review
6 Committee, adopted by the Mayor and Council, and a permanent tow carrier selected.
7 The parties hereto agree as follows:
8 1. Towing Carrier hereby agrees to provide tow services to the City of San
9 Bernardino pursuant to the terms and conditions contained in this Agreement.
10 2. Towing Carrier shall:
11 A. Have a minimum storage space for 200 vehicles with a minimum of
12 twelve inside spaces; outside storage lots must be adequately lighted.
13 B. Have an attendant on call twenty-four (24) hours a day, seven days a week
14 at place of business.
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16 department.
17 D. Store towed vehicles in a safe and protected space where the vehicles and
18 their contents will not be accessible to thieves nor be damaged by activity in the carrier
19 establishment or from the elements or by vandals; no vehicles shall be left parked or stored on
20 the public streets at anytime; in no event shall the city be liable for any theft, vandalism or
21 damage occurring to any such vehicle or is contents.
22 E. Post a tag on the windshield on all cars ordered impounded by a City
23 department.
C.
Have no more than two telephone numbers listed with any City
24 F. Collect all towing or hauling and storage charges on each vehicle from the
25 owner; in no event shall the city be liable for any such charge.
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2001-315
G. Whenever a vehicle has been involved in an accident or a traffic violation,
2 and the owner or someone delegated by him is present and is capable of removing the vehicle
3 from the street with reasonable dispatch, and the vehicle is not needed for criminal evidence,
4 City and/or towing carrier shall permit the owner or his delegate to remove the vehicle or call a
5 towing company of his or her own choice to remove the same; provided, however, that if the
6 street cannot be cleared for safe public use with reasonable dispatch by the above method, and in
7 all situations other than above set forth, a towing carrier from the top of the rotation list will be
8 called by the City,
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Furnish each owner with a fully itemized billing.
H.
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Immediately after each towing operation, make a towing slip with the
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II contents of each vehicle placed in his or her care itemized thereon as verified by the officer
12 ordering the same and make the slip available to the City on request.
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Release no impounded vehicle without first having obtained a release fro
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14 the City to do so.
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Agree to a rotation system established by the City.
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Comply with all rules, regulations and laws of the State of California,
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17 County of San Bernardino and City.
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Have adequate equipment to handle calls from the city, impounds and
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19 storage of motor vehicles,
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The carrier shall operate from a location within the City of San
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21 Bernardino, and all of the facilities necessary for said operation shall be located within the City
22 of San Bernardino.
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Carry a broom, trash can and sand and shall clean and remove broken
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24 glass, spilled oil, or gasoline from the area before departing, unless directed to not do so by
25 police officers and/or designated City employees at the scene,
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2001-315
P. Each tow carrier shall maintain insurance pursuant to the requirements of
2 the most recent California Highway Patrol tow service agreement. The City of San Bernardino
3 shall be named as an additional insured on all policies including the workers compensation
4 policies. Tow carriers shall provide an endorsement to each policy showing the City as an
5 additional insured.
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Tow vehicles shall be rated at a minimum of 14000 GVW.
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Towing Carrier shall give or cause to be given written notice to the registered and
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8 legal owners of each vehicle which is towed in conformity with authorization and requirements
9 of this Agreement concerning the fact of such towing, the place at which such vehicle is stored
10 and the imposition of charges for towing, storage and related services whenever the towing
11 carrier knows or is able to ascertain from the registration records in the vehicle or from the
12 registration records of the Department of Motor Vehicles the name and address ofthe registered
13 and legal owners. The notice shall be given not more than ten (10) days from the date of the
14 towing of the vehicle by the towing carrier.
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Every tow truck of towing carrier which is subject to the provisions of this
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16 Agreement and which by virtue of this Agreement responds to calls for service by the City, shall
17 be clearly marked on both sides of the cab with the name and telephone number of towing
18 carner.
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Any agreement entered into pursuant to the terms of this resolution may be
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20 terminated by either party, without prejudice, upon thirty (30) days written notice to the other
21 party.
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Towing Carrier shall be dispatched to tow calls on a per call rotation basis in
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23 conjunction with other towing carriers which have entered into agreements with the City.
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Each month, Tow Carriers shall submit a list of all vehicles towed the previous
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25 month, including license plate numbers and vehicle identification numbers.
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2001-315
8. Tow Carrier shall charge for services on calls by the City, in an amount not to
2 exceed ten dollars ($10) above the hourly rate set forth by the California Highway Patrol. The
3 minimum charge for services shall not exceed one (1) hour.
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Standby time for tow trucks will begin one (1) hour after receipt of calls from the
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5 City and is defined to mean the time consumed after the first hour in necessary preparations in
6 order to tow the disabled vehicle and in cleaning up the immediate surrounding area.
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In the event that a towed vehicle is forfeited by the owner in accordance with
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8 Section 14607 of the California Vehicle Code, the proceeds of the sale of the vehicle shall be
9 distributed pursuant to Section 14607,6 of said Code.
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Upon reasonable advance written notice, City shall have the right to review and
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11 audit the books of towing carrier at towing carrier's place of business and during business hours.
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The parties understand and agree that this Agreement grants Towing Carrier a
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13 non-exclusive franchise.
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The City will collect a vehicle administrative fee per each vehicle towed, which
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15 shall be set by resolution by the Mayor and Common CounciL Such fee shall not be charged for
16 those individuals who have had their vehicles towed, stored or impounded as a result of being a
17 victim of a crime (car theft, etc) or those vehicles belonging to any public agency.
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The averaged franchise fee will equal $24,000 per month, which will be divided
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19 equally among each of the participating tow carriers. Such franchise fee shall be paid by the
20 towing carrier, out of its profits, and shall not be passed on to the vehicle owner. Should the tota
21 number of tow carriers on the rotation list change, the franchise fee will be adjusted accordingly
22 among the tow carriers, Ten days notice shall be given to the participating tow carriers of any
23 change in the amount to be paid to the City.
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2001-315
15. Towing Carrier shall also comply with the most recent California Highway Patrol
2 tow service agreement. Where provisions of this Agreement and the CHP tow service agreement
3 shall be found to be in conflict, the provisions of this Agreement shall prevail.
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Towing carrier shall also comply with all provisions of the Resolution of the
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5 Mayor and Common Council of the City of San Bernardino Establishing Standard Criteria for
6 Companies to Provide Tow Services for the City of San Bernardino as said resolution exists
7 and/or as said resolution may be amended from time to time.
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This Agreement represents the entire Agreement between the City and the
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9 Towing Carrier and fully supersedes any and all previous Agreements entered into by and
10 between the City of San Bernardino and Hayes Towing.
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Any notice to be given pursuant to this Agreement by either party to the other
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12 shall be deposited with the United States Postal Service, postage prepaid, and addressed as
13 follows:
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To the City:
City Administrator
300 North "D" Street
San Bernardino, CA 92418
To Towing Carrier:
Hayes Towing
5486 Industrial Parkway
San Bernardino, CA 92407
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Nothing in this paragraph shall be construed to prevent the giving of notice by personal
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servICe.
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2001-315
INTERIM AGREEMENT FOR TOW SERVICES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
2 and date first above shown.
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7 Attest:
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12 Approved as to Form
13 and Legal Content:
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James F. Penman,
15 City Attorney
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CITY OF SAN BERNARDINO
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Hayes Towing
"Towing Carrier"
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MINUTES
LEGISLATIVE REVIEW COMMITTEE
July 12, 2001
ATTENDEES:
Councilwoman Susan Lien - Chairwoman
Councilman Gordon McGinnis
Councilman Frank: Schnetz
Fred Wilson - City Administrator
Robert Simmons - Sr. Assistant City Attorney
Jorge Carlos - Council Executive Assistant
Teri Rubi - Mayor's Chief of Staff
Jan Wages - Administrative Assistant to City Administrator
Officer Brad Lawrence - S.B.P.D.
Detective Rick Lindsey - S.B.P.D.
Sgt. Dan Bloomer - S.B.P.D.
Lt. Larry Neigel - S.B.P.D.
Steve Johnson - Tri-City Towing
Rick Buckner - Wilson Towing
Robert Wells - Big Z Auto Works
Christine Wells - Big Z Auto Works
Jerry Lair - City Towing
Sandie Lair - City Towing
1. TOW CARRIER SELECTION PROCESS - The Committee discussed the tow
carrier comments of the tow carrier selection process with the S.B.P.D., tow
carrier operators and City staff.
This item was continued for 30 days. The S.B.P.D. will provide sample
scenarios of the tow carrier scoring process. Franchise fee issues will also be
discussed.
2. INTRODUCTION OF NEW LEGISLATION - This item was not discussed.
Meeting adjourned.
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COUNCIL WOMAN SUSAN LIEN
Chairwoman
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