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HomeMy WebLinkAbout1999-086(Repealed by 2008-347) RESOLUTION NO, 1999-86 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO, 98-195 AND ESTABLISHING STANDARD CRITERIA FOR COMPANIES TO PROVIDE TOW SERVICES FOR THE CITY OF SAN BERNARDINO. 3 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. Resolution No, 98-195 establishing standard criteria for companies to 7 provide tow services is hereby repealed. 8 9 SECTION 2. Companies providing tow services for the City of San Bernardino shall 10 first enter into an agreement with the City of San Bernardino granting a non-exclusive franchise 11 agreement, which shall include, but shall not be limited, to the following terms and conditions: 12 1. Every towing carrier shall: 13 A. Have a minimum storage space for 200 vehicles with a minimum of 14 twelve inside spaces; outside storage lots must be adequately lighted. 15 8, Have an attendant on call twenty-four (24) hours a day, seven days a 16 week at place of business. 17 C. Have no more than two telephone numbers listed with any City 18 department. 19 D. Store towed vehicles in a safe and protected space where the vehicles 20 21 and their contents will not be accessible to thieves nor be damaged by activity in the carrier 22 establishment or from the elements or by vandals; no vehicles shall be left parked or stored on 23 the public streets at anytime; in no event shall the city be liable for any theft, vandalism or 24 damage occurring to any such vehicle or its contents. 25 E. Post a tag on the windshield on all cars ordered impounded by a City department. 1 . ,1999-86 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO, 98-195 AND ESTABLISHING STANDARD CRITERIA FOR COMPANIES TO PROVIDE TOW SERVICES FOR THE CITY OF SAN BERNARDINO. 2 3 4 F. Collect all towing or hauling and storage charges on each vehicle from 5 the owner; in no event shall the city be liable for any such charge. 6 G. Whenever a vehicle has been involved in an accident or a traffic 7 violation, and the owner or someone delegated by him is present and is capable of removing the 8 vehicle from the street with reasonable dispatch, and the vehicle is not net;ded for criminal 9 evidence, City and/or towing carrier shall permit the owner or his delegate to remove the 10 vehicle or call a towing company of his or her own choice to remove the same; provided, 11 however, that if the street cannot be cleared for safe public use with reasonable dispatch by the 12 above method, and in all situations other than above set forth, a towing carrier from the top of 13 the rotation list will be called by the City, 14 H. Furnish each owner with a fully itemized billing. 15 16 I. Immediately after each towing operation, make a towing slip with the 17 contents of each vehicle placed in his or her care itemized thereon as verified by the officer 18 ordering the same and make the slip available to the City on request. 19 J. Release no impounded vehicle without first having obtained a release 20 from the City to do so, 21 K, Agree to a rotation system established by the City. 22 1. Comply with all rules, regulations and laws of the State of California, 23 County of San Bernardino and City of San Bernardino. 24 M. Have adequate equipment to handle calls from the city, impounds and 25 storage of motor vehicles. 2 1999-86 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO, 98-195 AND ESTABLISHING STANDARD CRITERIA FOR COMPANIES TO PROVIDE TOW SERVICES FOR THE CITY OF SAN BERNARDINO. 2 3 4 N. The carrier shall operate from a location within the City of San 5 Bernardino, and all of the facilities necessary to comply with the provisions of this resolution 6 shall be located within the City of San Bernardino. 7 0, Carry a broom, trash can and sand and shall clean and remove broken 8 glass, spilled oil, or gasoline from the area before departing, unless directed to not do so by 9 police officers and/or designated City employees at the scene. 10 P. Each tow carrier shall maintain insurance pursuant to the requirements of 11 the most recent California Highway Patrol tow service agreement. The City of San Bernardino 12 shall be named as an additional insured on all policies including the workers compensation 13 14 policies. Tow carriers shall provide an endorsement to each policy showing the City as an additional insured. 15 16 Q. Tow vehicles shall be rated at a minimum of 14000 GVW. 17 2. The City shall establish a per call rotation system of qualified towing carriers 18 who have entered into agreements with the City for the performance of towing services in 19 response to calls from the City. All departments of the City shall comply with the rotation 20 system. 21 3. Every towing carrier shall comply with and qualify under all the requirements 22 set forth in this resolution as a condition precedent to being eligible to be placed on the rotation 23 list, 24 4. Each towing camer shall give or cause to be given written notice to the 25 registered and legal owners of each vehicle which is towed in conformity with the authorization and requirements of this resolution concerning the fact of such towing, the place at which such 3 1999-86 1 . RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO, 98-195 AND ESTABLISillNG STANDARD CRITERIA FOR COMPANIES TO PROVIDE TOW SERVICES FOR THE CITY OF SAN BERNARDINO. 2 3 4 vehicle is stored and the imposition of charges for towing, storage and related servIces 5 whenever the towing carrier knows or is able to ascertain from the registration records in the 6 vehicle or from the registration records of the Department of Motor Vehicles the name and 7 8 address of the registered and legal owners. The notice shall be given not more than ten (10) 9 days from the date of the towing of the vehicle by the towing carrier. 10 5. Every tow truck which is subject to the provisions of this resolution and which 11 by agreement responds to calls for service by the City, shall be clearly marked on both sides of 12 the cab with the name and telephone number of the towing carrier which operates the truck. 13 6. City shall enter into agreements with tow carriers not to exceed one company 14 per 35,000 residents ofthe City. 15 7. Any agreement entered into pursuant to the terms of this resolution may be 16 terminated by either party, without prejudice, upon thirty (30) days written notice to the other 17 party. 18 8, Each month, Tow Carriers shall submit a list of all vehicles towed the previous 19 month, including license plate numbers and vehicle identification numbers. 20 21 9, Tow Carriers shall charge for services on calls by the City in an amount not to 22 exceed ten dollars ($10) above the hourly rate set forth by the California Highway Patrol. The 23 minimum charge for services shall not exceed one (I) hour. 24 10. Standby time for tow trucks will begin one (I) hour after receipt of calls from 25 the City and is defined to mean the time consumed after the first hour in necessary preparations in order to tow the disabled vehicle and in cleaning up the immediate surrounding area. 4 . 1999-86 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 98-195 AND ESTABLISHING STANDARD CRITERIA FOR COMPANIES TO PROVIDE TOW SERVICES FOR THE CITY OF SAN BERNARDINO. 2 3 4 11. In the event that a towed vehicle is forfeited by the owner in accordance with 5 Section 14607.6 of the California Vehicle Code, the proceeds of the sale of the vehicle shall be 6 distributed pursuant to said section of said Code, 7 8 12. The tow carriers shall be charged a franchise fee set forth in the Agreement for 9 Tow Services. The police department shall determine the average monthly franchise fees 10 collected in the prior fiscal year. The tow carriers on the police department rotation list will 11 each pay an equal share of the franchise fees on a monthly basis. This franchise fee shall be 12 paid from the tow carrier's profits and shall not be passed on to the vehicle owners. Should the 13 total number of tow carriers on the rotation list change, the franchise fee will be adjusted 14 accordingly among the tow carriers. Ten days notice shall be given to the participating tow 15 carriers of any change in the amount to be paid to the City, 16 13, All towing carriers shall also comply with the most recent California Highway 17 Patrol tow service agreement as such agreement shall be amended from time to time. Where 18 provisions of this resolution and the CHP tow service agreement shall be found to be in 19 conflict, the provisions of this resolution shall prevail. 20 21 14. The administrative fee set by resolution of the common council will be collected 22 by the San Bernardino Police Department. 23 24 25 5 , 1999-86 1 RESOLUTION TO REPEAL RESOLUTION 98-195 AND AGREEMENT FOR TOW SERVICES. 2 I HEREBY CERTIFY that the foregoing resolution was dUly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 17th day of May, 1999, by the following vote, twit: COUNCIL MEMBERS: AYES NAYS ABSENT ABSTAIN 3 4 5 ESTRADA .....lL.- LIEN X - MCGINNIS X SCHNETZ X DEVLIN X ANDERSON X X MILLER ~/;J, ~~ CITY CLERJ<. 6 7 8 9 10 11 12 13 14 15 The foregoing resolution is hereby approved thi~ay of May ,1999, 16 17 18 19 20 21 Approved as to Form and legal content: 22 23 24 JAMES F. PENMAN City Attorney 25 /p~ 6 1999-86 Tri-City Towing 1 AGREEMENT FOR TOW SERVICES 2 . ,.,.J 17 day of THIS AGREEMENT FOR TOW SERVICES entered into this 3 /7717 'I 1999, by and between the City of San Bernardino ("City") and Tri-Citv Towing 4 ("Towing Carrier") shall become effective July 1, 1999 5 The parties hereto agree as follows: 6 1. Towing Carrier hereby agrees to provide tow services to the City of San 7 Bernardino pursuant to the terms and conditions contained in this Agreement. 8 2. Towing Carrier shall: 9 A. Have a minimum storage space for 200 vehicles with a minimum of 10 twelve inside spaces; outside storage lots must be adequately lighted. 11 B. Have an attendant on call twenty-four (24) hours a day, seven days a week 12 at place of business, 13 C. Have no more than two telephone numbers listed with any City 14 department. 15 D. Store towed vehicles in a safe and protected space where the vehicles and 16 their contents will not be accessible to thieves nor be damaged by activity in the carrier 17 establishment or from the elements or by vandals; no vehicles shall be left parked or stored on 18 the public streets at anytime; in no event shall the city be liable for any theft, vandalism or 19 damage occurring to any such vehicle or is contents. 20 E. Post a tag on the windshield on all cars ordered impounded by a City 21 department. 22 F, Collect all towing or hauling and storage charges on each vehicle from the 23 owner; in no event shall the city be liable for any such charge. 24 G. Whenever a vehicle has been involved in an accident or a traffic violation, 25 and the owner or someone delegated by him is present and is capable of removing the vehicle 1 1999-86 Tri-City 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 from the street with reasonable dispatch, and the vehicle is not needed for criminal evidence, City and/or towing carrier shall permit the owner or his delegate to remove the vehicle or call a towing company of his or her own choice to remove the same; provided, however, that if the street cannot be cleared for safe public use with reasonable dispatch by the above method, and in all situations other than above set forth, a towing carrier from the top of the rotation list will be called by the City. H. Furnish each owner with a fully itemized billing. I. Immediately after each towing operation, make a towing slip with the contents of each vehicle placed in his or her care itemized thereon as verified by the officer ordering the same and make the slip available to the City on request. J. Release no impounded vehicle without first having obtained a release fro the City to do so. K. Agree to a rotation system established by the City. L. Comply with all rules, regulations and laws of the State of California, County of San Bernardino and City. M. Have adequate equipment to handle calls from the city, impounds and storage of motor vehicles. N, The carrier shall operate from a location within the City of San Bernardino, and all of the facilities necessary for said operation shall be located within the City of San Bernardino. O. Carry a broom, trash can and sand and shall clean and remove broken glass, spilled oil, or gasoline from the area before departing, unless directed to not do so by police officers and/or designated City employees at the scene. P. Each tow carrier shall maintain insurance pursuant to the requirements of the most recent California Highway Patrol tow service agreement. The City of San Bernardino 2 Tri-City 1999-86 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 shall be named as an additional insured on all policies including the workers compensation policies. Tow carriers shall provide an endorsement to each policy showing the City as an additional insured. Q. Tow vehicles shall be rated at a minimum of 14000 GVW. 3. Towing Carrier shall give or cause to be given written notice to the registered and legal owners of each vehicle which is towed in conformity with authorization and requirements of this Agreement concerning the fact of such towing, the place at which such vehicle is stored and the imposition of charges for towing, storage and related services whenever the towing carrier knows or is able to ascertain from the registration records in the vehicle or from the registration records of the Department of Motor Vehicles the name and address of the registered and legal owners. The notice shall be given not more than ten (10) days from the date of the towing of the vehicle by the towing carrier. 4. Every tow truck of towing carrier which is subject to the provisions of this Agreement and which by virtue of this Agreement responds to calls for service by the City, shall be clearly marked on both sides of the cab with the name and telephone number of towing carrier. 5. Any agreement entered into pursuant to the terms of this resolution may be terminated by either party, without prejudice, upon thirty (30) days written notice to the other party . 6. Towing Carrier shall be dispatched to tow calls on a per call rotation basis in conjunction with other towing carriers which have entered into agreements with the City. 7. Each month, Tow Carriers shall submit a list of all vehicles towed the previous month, including license plate numbers and vehicle identification numbers. 3 1999-86 Tri-City 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8. Tow Carrier shall charge for services on calls by the City, in an amount not to exceed ten dollars ($10) above the hourly rate set forth by the California Highway Patrol. The minimum charge for services shall not exceed one (I) hour. 9. Standby time for tow trucks will begin one (1) hour after receipt of calls from the City and is defined to mean the time consumed after the first hour in necessary preparations in order to tow the disabled vehicle and in cleaning up the immediate surrounding area. 10. In the event that a towed vehicle is forfeited by the owner in accordance with Section 14607 of the California Vehicle Code, the proceeds of the sale of the vehicle shall be distributed pursuant to Section 14607.6 of said Code. 11. Upon reasonable advance written notice, City shall have the right to review and audit the books of towing carrier at towing carrier's place of business and during business hours. 12. The parties understand and agree that this Agreement grants Towing Carrier a non-exclusive franchise. 13. The City will collect a vehicle administrative fee per each vehicle towed, which shall be set by resolution by the Mayor and Common Council. Such fee shall not be charged for those individuals who have had their vehicles towed, stored or impounded as a result of being a victim of a crime (car theft, etc) or those vehicles belonging to any public agency. 14. The averaged franchise fee will equal $24,000 per month, which will be divided equally among each of the participating tow carriers. Such franchise fee shall be paid by the towing carrier, out of its profits, and shall not be passed on to the vehicle owner. Should the to number oftow carriers on the rotation list change, the franchise fee will be adjusted accordingly among the tow carriers. Ten days notice shall be given to the participating tow carriers of any change in the amount to be paid to the City. 4 1999-86 Tri-City 1 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. 4 16. Towing carrier shall also comply with all provisions of the Resolution of the 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. 8 17. This Agreement represents the entire Agreement between the City and the 9 Towing Carrier and fully supersedes any and all previous Agreements entered into by and 10 between the City of San Bernardino and Tri-City Towing. 11 18. Any notice to be given pursuant to this Agreement by either party to the other 12 shall be deposited with the United States Postal Service, postage prepaid, and addressed as 13 follows: 14 15 16 17 18 19 20 To the City: City Administrator 300 North "D" Street San Bernardino, CA 92418 To Towing Carrier: Tri-City Towing 1661 W. Walnut Street San Bernardino, CA 92410 Nothing in this paragraph shall be construed to prevent the giving of notice by personal 21 service. 22 23 24 25 5 '1 " Tri-City 1999-86 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day 2 and date first above shown. 3 CITY OF SAN BERNARDINO 4 5 6 7 Attest: BY:~b.~ Tri-City Towing "Towing Carrier" 8 9 10 r ,o' ny, ";r;w,,Yt'~~~ 11 12 Approved as to Form and Legal Content: 13 14 James F. Penman, City Attorney 15 16 By: (k~ }.fJ~ o 17 18 19 20 21 22 23 24 25 6 1999-86 Danny's Towing 1 AGREEMENT FOR TOW SERVICES 2 7>f I ? day of THIS AGREEMENT FOR TOW SERVICES entered into this 3 /7)11'1 1999, by and between the City of San Bernardino ("City") and Dannv' s Towing 4 ("Towing Carrier") shall become effective July 1, 1999 5 The parties hereto agree as follows: 6 1. Towing Carrier hereby agrees to provide tow services to the City of San 7 Bernardino pursuant to the terms and conditions contained in this Agreement. 8 2. Towing Carrier shall: 9 A. Have a minimum storage space for 200 vehicles with a minimum of 10 twelve inside spaces; outside storage lots must be adequately lighted. 11 B, Have an attendant on call twenty-four (24) hours a day, seven days a week 12 at place of business. 13 C. Have no more than two telephone numbers listed with any City 14 department. 15 D. Store towed vehicles in a safe and protected space where the vehicles and 16 their contents will not be accessible to thieves nor be damaged by activity in the carrier 17 establishment or from the elements or by vandals; no vehicles shall be left parked or stored on 18 the public streets at anytime; in no event shall the city be liable for any theft, vandalism or 19 damage occurring to any such vehicle or is contents, 20 E. Post a tag on the windshield on all cars ordered impounded by a City 21 department. 22 F. Collect all towing or hauling and storage charges on each vehicle from the 23 owner; in no event shall the city be liable for any such charge, 24 G. Whenever a vehicle has been involved in an accident or a traffic violation, 25 and the owner or someone delegated by him is present and is capable of removing the vehicle 1 1999-86 D:l1my I S 1 2 3 from the street with reasonable dispatch, and the vehicle is not needed for criminal evidence, City and/or towing carrier shall permit the owner or his delegate to remove the vehicle or call a towing company of his or her own choice to remove the same; provided, however, that if the street cannot be cleared for safe public use with reasonable dispatch by the above method, and in all situations other than above set forth, a towing carrier from the top of the rotation list will be called by the City. H. Furnish each owner with a fully itemized billing. I. Immediately after each towing operation, make a towing slip with the contents of each vehicle placed in his or her care itemized thereon as verified by the officer ordering the same and make the slip available to the City on request. J. Release no impounded vehicle without first having obtained a release fro the City to do so. K. Agree to a rotation system established by the City. 1. Comply with all rules, regulations and laws of the State of California, County of San Bernardino and City. M. Have adequate equipment to handle calls from the city, impounds and storage of motor vehicles. N. The carrier shall operate from a location within the City of San Bernardino, and all of the facilities necessary for said operation shall be located within the City of San Bernardino. 0, Carry a broom, trash can and sand and shall clean and remove broken glass, spilled oil, or gasoline from the area before departing, unless directed to not do so by police officers and/or designated City employees at the scene, P. Each tow carrier shall maintain insurance pursuant to the requirements of the most recent California Highway Patrol tow service agreement. The City of San Bernardino 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 .J Da~nny I S 1999-86 1 shall be named as an additional insured on all policies including the workers compensation 2 policies. Tow carriers shall provide an endorsement to each policy showing the City as an 3 additional insured. 4 Q. Tow vehicles shall be rated at a minimum of 14000 GVW. 5 3. Towing Carrier shall give or cause to be given written notice to the registered and 6 legal owners of each vehicle which is towed in conformity with authorization and requirements 7 of this Agreement concerning the fact of such towing, the place at which such vehicle is stored 8 and the imposition of charges for towing, storage and related services whenever the towing 9 carrier knows or is able to ascertain from the registration records in the vehicle or from the 10 registration records of the Department of Motor Vehicles the name and address of the registered 11 and legal owners. The notice shall be given not more than ten (10) days from the date of the 12 towing of the vehicle by the towing carrier. 13 4. Every tow truck of towing carrier which is subject to the provisions of this 14 Agreement and which by virtue of this Agreement responds to calls for service by the City, shall 15 be clearly marked on both sides of the cab with the name and telephone number of towing 16 carrier. 17 5. Any agreement entered into pursuant to the terms of this resolution may be 18 terminated by either party, without prejudice, upon thirty (30) days written notice to the other 19 party. 20 6. Towing Carrier shall be dispatched to tow calls on a per call rotation basis in 21 conjunction with other towing carriers which have entered into agreements with the City. 22 7. Each month, Tow Carriers shall submit a list of all vehicles towed the previous 23 month, including license plate numbers and vehicle identification numbers. 24 25 3 1999-86 Danny's 1 2 3 4 5 6 8. Tow Carrier shall charge for services on calls by the City, in an amount not to exceed ten dollars ($10) above the hourly rate set forth by the California Highway Patrol. The minimum charge for services shall not exceed one (1) hour. 9. Standby time for tow trucks will begin one (1) hour after receipt of calls from the City and is defined to mean the time consumed after the first hour in necessary preparations in order to tow the disabled vehicle and in cleaning up the immediate surrounding area. 10. In the event that a towed vehicle is forfeited by the owner in accordance with Section 14607 of the California Vehicle Code, the proceeds of the sale of the vehicle shall be distributed pursuant to Section 14607.6 of said Code. 11. Upon reasonable advance written notice, City shall have the right to review and audit the books of towing carrier at towing carrier's place of business and during business hours. 12. The parties understand and agree that this Agreement grants Towing Carrier a non-exclusive franchise. 13. The City will collect a vehicle administrative fee per each vehicle towed, which shall be set by resolution by the Mayor and Common Council. Such fee shall not be charged for those individuals who have had their vehicles towed, stored or impounded as a result of being a victim of a crime (car theft, etc) or those vehicles belonging to any public agency, 14. The averaged franchise fee will equal $24,000 per month, which will be divided equally among each of the participating tow carriers. Such franchise fee shall be paid by the towing carrier, out of its profits, and shall not be passed on to the vehicle owner. Should the to number oftow carriers on the rotation list change, the franchise fee will be adjusted accordingly among the tow carriers. Ten days notice shall be given to the participating tow carriers of any change in the amount to be paid to the City. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 1999-86 Danny's 1 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. 4 16. Towing carrier shall also comply with all provisions of the Resolution of the 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, 8 17. This Agreement represents the entire Agreement between the City and the 9 Towing Carrier and fully supersedes any and all previous Agreements entered into by and 10 between the City of San Bernardino and Danny's Towing. 11 18. Any notice to be given pursuant to this Agreement by either party to the other 12 shall be deposited with the United States Postal Service, postage prepaid, and addressed as 13 follows: 14 15 To the City: City Administrator 300 North "D" Street San Bernardino, CA 92418 16 17 18 To Towing Carrier: Danny's Towing 2305 W, Highland Avenue San Bernardino, CA 92407 19 20 Nothing in this paragraph shall be construed to prevent the giving of notice by personal 21 service. 22 23 24 25 5 1999-86 Danny's 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day 2 and date first above shown. 3 CITY OF SAN BERNARDINO / 4 5 By: 6 7 Attest: BY:~ J;;. ~ 8 Danny's Towing "Towin arrier" 9 10 c1~> By: 11 12 Approved as to Form and Legal Content: 13 14 James F, Penman, 15 City Attorney 16 17 18 19 20 21 22 23 24 25 6 1999-86 Wilson Towing 1 AGREEMENT FOR TOW SERVICES 2 17< /7 day of THIS AGREEMENT FOR TOW SERVICES entered into this 3 ~ 1999, by and between the City of San Bernardino ("City") and Wilson Towing 4 L.L.C. ("Towing Carrier") shall become effective July 1, 1999 5 The parties hereto agree as follows: 6 1. Towing Carrier hereby agrees to provide tow services to the City of San 7 Bernardino pursuant to the terms and conditions contained in this Agreement. 8 2. Towing Carrier shall: 9 A. Have a minimum storage space for 200 vehicles with a minimum of 10 twelve inside spaces; outside storage lots must be adequately lighted. 11 B. Have an attendant on call twenty-four (24) hours a day, seven days a week 12 at place of business. 13 C. Have no more than two telephone numbers listed with any City 14 department. 15 D, Store towed vehicles in a safe and protected space where the vehicles and 16 their contents will not be accessible to thieves nor be damaged by activity in the carrier 17 establishment or from the elements or by vandals; no vehicles shall be left parked or stored on 18 the public streets at anytime; in no event shall the city be liable for any theft, vandalism or 19 damage occurring to any such vehicle or is contents, 20 E, Post a tag on the windshield on all cars ordered impounded by a City 21 department. 22 F. Collect all towing or hauling and storage charges on each vehicle from the 23 owner; in no event shall the city be liable for any such charge. 24 G. Whenever a vehicle has been involved in an accident or a traffic violation, 25 and the owner or someone delegated by him is present and is capable of removing the vehicle 1 Nilson 1999-86 1 2 3 4 5 6 from the street with reasonable dispatch, and the vehicle is not needed for criminal evidence, City and/or towing carrier shall permit the owner or his delegate to remove the vehicle or call a towing company of his or her own choice to remove the same; provided, however, that if the street cannot be cleared for safe public use with reasonable dispatch by the above method, and in all situations other than above set forth, a towing carrier from the top of the rotation list will be called by the City. H. Furnish each owner with a fully itemized billing. I. Immediately after each towing operation, make a towing slip with the contents of each vehicle placed in his or her care itemized thereon as verified by the officer ordering the same and make the slip available to the City on request. 1. Release no impounded vehicle without first having obtained a release fro the City to do so. K. Agree to a rotation system established by the City. 1. Comply with all rules, regulations and laws of the State of California, County of San Bernardino and City. M. Have adequate equipment to handle calls from the city, impounds and storage of motor vehicles. N. The carrier shall operate from a location within the City of San Bernardino, and all of the facilities necessary for said operation shall be located within the City of San Bernardino. O. Carry a broom, trash can and sand and shall clean and remove broken glass, spilled oil, or gasoline from the area before departing, unless directed to not do so by police officers and/or designated City employees at the scene. P. Each tow carrier shall maintain insurance pursuant to the requirements of the most recent California Highway Patrol tow service agreement. The City of San Bernardino 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 Wilson 1999-86 1 shall be named as an additional insured on all policies including the workers compensation 2 policies. Tow carriers shall provide an endorsement to each policy showing the City as an 3 additional insured. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Tow vehicles shall be rated at a minimum of 14000 GVW. 3. Towing Carrier shall give or cause to be given written notice to the registered and legal owners of each vehicle which is towed in conformity with authorization and requirements of this Agreement concerning the fact of such towing, the place at which such vehicle is stored and the imposition of charges for towing, storage and related services whenever the towing carrier knows or is able to ascertain from the registration records in the vehicle or from the registration records of the Department of Motor Vehicles the name and address of the registered and legal owners. The notice shall be given not more than ten (10) days from the date of the towing of the vehicle by the towing carrier. 4. Every tow truck of towing carrier which is subject to the provisions of this Agreement and which by virtue of this Agreement responds to calls for service by the City, shall be clearly marked on both sides of the cab with the name and telephone number of towing carner. 5. Any agreement entered into pursuant to the terms of this resolution may be terminated by either party, without prejudice, upon thirty (30) days written notice to the other party . 6. Towing Carrier shall be dispatched to tow calls on a per call rotation basis in conjunction with other towing carriers which have entered into agreements with the City. 7. Each month, Tow Carriers shall submit a list of all vehicles towed the previous month, including license plate numbers and vehicle identification numbers. 3 Wilson 1999-86 1 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. 4 9. Standby time for tow trucks will begin one (1) hour after receipt of calls from the 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. 7 10. In the event that a towed vehicle is forfeited by the owner in accordance with 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. 10 11. Upon reasonable advance written notice, City shall have the right to review and 11 audit the books of towing carrier at towing carrier's place of business and during business hours. 12 12. The parties understand and agree that this Agreement grants Towing Carrier a 13 non-exclusive franchise. 14 13. The City will collect a vehicle administrative fee per each vehicle towed, which 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. 18 14. The averaged franchise fee will equal $24,000 per month, which will be divided 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 tot 21 number oftow 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. 24 25 4 1999-86 Wi.lson 1 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. 4 16, Towing carrier shall also comply with all provisions of the Resolution ofthe 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, 8 17. This Agreement represents the entire Agreement between the City and the 9 Towing Carrier and fully supersedes any and all previous Agreements entered into by and 10 between the City of San Bernardino and Wilson Towing L.L.C, 11 18. Any notice to be given pursuant to this Agreement by either party to the other 12 shall be deposited with the United States Postal Service, postage prepaid, and addressed as 13 follows: 14 15 To the City: City Administrator 300 North "D" Street San Bernardino, CA 92418 16 17 18 To Towing Carrier: Wilson Towing L.L.C. 2310 E. 3 rd Street San Bernardino, CA 92410 19 20 Nothing in this paragraph shall be construed to prevent the giving of notice by personal 21 service. 22 23 24 25 5 1999-86 Wilson 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day 2 and date first above shown. 3 CITY OF SAN BERNARDINO 4 5 6 7 Attest: BY:~ h. C1tvJL Wilson Towing L.L.C. "Towing Carrier" 8 9 10 By:~><{1~~ 11 12 Approved as to Form and Legal Content: 13 14 James F. Penman, 15 City Attorney 16 17 18 19 20 21 22 23 24 25 6 1999-86 Big "z" Autoworks 1 AGREEMENT FOR TOW SERVICES 2 THIS AGREEMENT FOR TOW SERVICES entered into this 17 ~h day of 3 -J!Jv..y 1999, by and between the City of San Bernardino ("City") and Big "Z" Autoworks 4 ("Towing Carrier") shall become effective July 1, 1999 5 6 The parties hereto agree as follows: 7 1. Towing Carrier hereby agrees to provide tow services to the City of San 8 Bernardino pursuant to the terms and conditions contained in this Agreement. 9 2, Towing Carrier shall: 10 A. Have a minimum storage space for 200 vehicles with a minimum of 11 twelve inside spaces; outside storage lots must be adequately lighted. Have an attendant on call twenty-four (24) hours a day, seven days a week 12 B, 13 at place of business. 14 C. 15 department. 16 D. Have no more than two telephone numbers listed with any City Store towed vehicles in a safe and protected space where the vehicles and 17 their contents will not be accessible to thieves nor be damaged by activity in the carrier 18 establishment or from the elements or by vandals; no vehicles shall be left parked or stored on 19 the public streets at anytime; in no event shall the city be liable for any theft, vandalism or 20 damage occurring to any such vehicle or is contents, 21 E. Post a tag on the windshield on all cars ordered impounded by a City Collect all towing or hauling and storage charges on each vehicle from the 24 owner; in no event shall the city be liable for any such charge, 25 22 department. 23 F, 1 Big .Z. 1999-86 1 2 3 4 5 6 from the street with reasonable dispatch, and the vehicle is not needed for criminal evidence, City and/or towing carrier shall permit the owner or his delegate to remove the vehicle or call a towing company of his or her own choice to remove the same; provided, however, that if the street cannot be cleared for safe public use with reasonable dispatch by the above method, and in all situations other than above set forth, a towing carrier from the top of the rotation list will be called by the City. H. Furnish each owner with a fully itemized billing. I. Immediately after each towing operation, make a towing slip with the contents of each vehicle placed in his or her care itemized thereon as verified by the officer ordering the same and make the slip available to the City on request. 1. Release no impounded vehicle without first having obtained a release fro the City to do so. K. Agree to a rotation system established by the City. 1. Comply with all rules, regulations and laws of the State of California, County of San Bernardino and City. M. Have adequate equipment to handle calls from the city, impounds and storage of motor vehicles. N. The carrier shall operate from a location within the City of San Bernardino, and all of the facilities necessary for said operation shall be located within the City of San Bernardino. O. Carry a broom, trash can and sand and shall clean and remove broken glass, spilled oil, or gasoline from the area before departing, unless directed to not do so by police officers and/or designated City employees at the scene. P. Each tow carrier shall maintain insurance pursuant to the requirements of the most recent California Highway Patrol tow service agreement. The City of San Bernardino 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 Big .Z. '1999-86 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 shall be named as an additional insured on all policies including the workers compensation policies. Tow carriers shall provide an endorsement to each policy showing the City as an additional insured. Q. Tow vehicles shall be rated at a minimum of 14000 GVW. 3. Towing Carrier shall give or cause to be given written notice to the registered and legal owners of each vehicle which is towed in conformity with authorization and requirements of this Agreement concerning the fact of such towing, the place at which such vehicle is stored and the imposition of charges for towing, storage and related services whenever the towing carrier knows or is able to ascertain from the registration records in the vehicle or from the registration records of the Department of Motor Vehicles the name and address of the registered and legal owners. The notice shall be given not more than ten (10) days from the date of the towing of the vehicle by the towing carrier. 4. Every tow truck oftowing carrier which is subject to the provisions of this Agreement and which by virtue of this Agreement responds to calls for service by the City, shall be clearly marked on both sides of the cab with the name and telephone number of towing carrier. 5. Any agreement entered into pursuant to the terms of this resolution may be terminated by either party, without prejudice, upon thirty (30) days written notice to the other party, 6. Towing Carrier shall be dispatched to tow calls on a per call rotation basis in conjunction with other towing carriers which have entered into agreements with the City. 7. Each month, Tow Carriers shall submit a list of all vehicles towed the previous month, including license plate numbers and vehicle identification numbers. 3 , 1999-86 Big .Z. 1 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. 4 9. Standby time for tow trucks will begin one (1) hour after receipt of calls from the 5 City and is defmed 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. 7 10. In the event that a towed vehicle is forfeited by the owner in accordance with 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. 10 11. Upon reasonable advance written notice, City shall have the right to review and 11 audit the books of towing carrier at towing carrier's place of business and during business hours, 12 12. The parties understand and agree that this Agreement grants Towing Carrier a 13 non-exclusive franchise. 14 13. The City will collect a vehicle administrative fee per each vehicle towed, which 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. 18 14. The averaged franchise fee will equal $24,000 per month, which will be divided 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. 24 25 4 Big .Z. 1999-86 1 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. 4 16. Towing carrier shall also comply with all provisions of the Resolution of the 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, 8 17. This Agreement represents the entire Agreement between the City and the 9 Towing Carrier and fully supersedes any and all previous Agreements entered into by and 10 between the City of San Bernardino and Big "l" Autoworks, 11 18. Any notice to be given pursuant to this Agreement by either party to the other 12 shall be deposited with the United States Postal Service, postage prepaid, and addressed as 13 follows: 14 15 To the City: City Administrator 300 North "D" Street San Bernardino, CA 92418 16 17 18 To Towing Carrier: Big "l" Autoworks 274 N. "I" Street San Bernardino, CA 92410 19 20 Nothing in this paragraph shall be construed to prevent the giving of notice by personal 21 service. 22 23 24 25 5 . 1999-86 Big .Z. 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day 2 and date first above shown. 3 4 5 6 7 Attest: 8 BY:~ kJ. c..~,- 9 10 11 12 Approved as to Form 13 and Legal Content: 14 James F. Penman, 15 City Attorney 16 .f~ By: 17 18 19 20 21 22 23 24 25 CITY OF SAN BERNARDINO Big "Z" Autoworks B:~J7~ 6 . 1999-86 City Towing 1 AGREEMENT FOR TOW SERVICES 2 THIS AGREEMENT FOR TOW SERVICES entered into this 17th day of 3 May 1999, by and between the City of San Bernardino ("City") and Citv Towing 4 ("Towing Carrier") shall become effective July 1, 1999 5 The parties hereto agree as follows: 6 1. Towing Carrier hereby agrees to provide tow services to the City of San 7 Bernardino pursuant to the terms and conditions contained in this Agreement. 8 2. Towing Carrier shall: 9 A. Have a minimum storage space for 200 vehicles with a minimum of 10 twelve inside spaces; outside storage lots must be adequately lighted. 11 B. Have an attendant on call twenty-four (24) hours a day, seven days a week 12 at place of business. 13 14 department. 15 D. Store towed vehicles in a safe and protected space where the vehicles and 16 their contents will not be accessible to thieves nor be damaged by activity in the carrier 17 establishment or from the elements or by vandals; no vehicles shdll be left parked or stored on 18 the public streets at anytime; in no event shall the city be liable for any theft, vandalism or 19 damage occurring to any such vehicle or is contents. 20 E. Post a tag on the windshield on all cars ordered impounded by a City C. Have no more than two telephone numbers listed with any City 21 department. 22 F. Collect all towing or hauling and storage charges on each vehicle from the 23 owner; in no event shall the city be liable for any such charge. 24 G. Whenever a vehicle has been involved in an accident or a traffic violation, 25 and the owner or someone delegated by him is present and is capable of removing the vehicle 1 1999-86 City 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 from the street with reasonable dispatch, and the vehicle is not needed for criminal evidence, City and/or towing carrier shall permit the owner or his delegate to remove the vehicle or call a towing company of his or her own choice to remove the same; provided, however, that if the street cannot be cleared for safe public use with reasonable dispatch by the above method, and in all situations other than above set forth, a towing carrier from the top of the rotation list will be called by the City. H. Furnish each owner with a fully itemized billing. 1. Immediately after each towing operation, make a towing slip with the contents of each vehicle placed in his or her care itemized thereon as verified by the officer ordering the same and make the slip available to the City on request. J. Release no impounded vehicle without first having obtained a release fro the City to do so. K. Agree to a rotation system established by the City. L. Comply with all rules, regulations and laws of the State of California, County of San Bernardino and City. M. Have adequate equipment to handle calls from the city, impounds and storage of motor vehicles. N. The carrier shall operate from a location within the City of San Bernardino, and all of the facilities necessary for said operation shall be located within the City of San Bernardino. O. Carry a broom, trash can and sand and shall clean and remove broken glass, spilled oil, or gasoline from the area before departing, unless directed to not do so by police officers and/or designated City employees at the scene. P. Each tow carrier shall maintain insurance pursuant to the requirements of the most recent California Highway Patrol tow service agreement. The City of San Bernardino 2 1999-86 City 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 shall be named as an additional insured on all policies including the workers compensation policies. Tow carriers shall provide an endorsement to each policy showing the City as an additional insured. Q. Tow vehicles shall be rated at a minimum of 14000 GVW. 3. Towing Carrier shall give or cause to be given written notice to the registered and legal owners of each vehicle which is towed in conformity with authorization and requirements of this Agreement concerning the fact of such towing, the place at which such vehicle is stored and the imposition of charges for towing, storage and related services whenever the towing carrier knows or is able to ascertain from the registration records in the vehicle or from the registration records of the Department of Motor Vehicles the name and address of the registered and legal owners. The notice shall be given not more than ten (10) days from the date ofthe towing of the vehicle by the towing carrier. 4. Every tow truck of towing carrier which is subject to the provisions of this Agreement and which by virtue of this Agreement responds to calls for service by the City, shall be clearly marked on both sides of the cab with the name and telephone number oftowing carrier. 5. Any agreement entered into pursuant to the terms ofthis resolution may be terminated by either party, without prejudice, upon thirty (30) days written notice to the other party. 6. Towing Carrier shall be dispatched to tow calls on a per call rotation basis in conjunction with other towing carriers which have entered into agreements with the City. 7. Each month, Tow Carriers shall submit a list of all vehicles towed the previous month, including license plate numbers and vehicle identification numbers. 3 1999-86 City 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8. Tow Carrier shall charge for services on calls by the City, in an amount not to exceed ten dollars ($10) above the hourly rate set forth by the California Highway Patrol. The minimum charge for services shall not exceed one (1) hour. 9. Standby time for tow trucks will begin one (1) hour after receipt of calls from the City and is defined to mean the time consumed after the first hour in necessary preparations in order to tow the disabled vehicle and in cleaning up the immediate surrounding area. 10. In the event that a towed vehicle is forfeited by the owner in accordance with Section 14607 of the California Vehicle Code, the proceeds of the sale of the vehicle shall be distributed pursuant to Section 14607.6 of said Code. 11. Upon reasonable advance written notice, City shall have the right to review and audit the books of towing carrier at towing carrier's place of business and during business hours. 12. The parties understand and agree that this Agreement grants Towing Carrier a non-exclusive franchise. 13. The City will collect a vehicle administrative fee per each vehicle towed, which shall be set by resolution by the Mayor and Common Council. Such fee shall not be charged for those individuals who have had their vehicles towed, stored or impounded as a result of being a victim of a crime (car theft, etc) or those vehicles belonging to any public agency. 14. The averaged franchise fee will equal $24,000 per month, which will be divided equally among each of the participating tow carriers. Such franchise fee shall be paid by the towing carrier, out of its profits, and shall not be passed on to the vehicle owner. Should the tota number of tow carriers on the rotation list change, the franchise fee will be adjusted accordingly among the tow carriers. Ten days notice shall be given to the participating tow carriers of any change in the amount to be paid to the City. 4 City 1999-86 1 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. 4 16. Towing carrier shall also comply with all provisions of the Resolution of the 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. 8 17. This Agreement represents the entire Agreement between the City and the 9 Towing Carrier and fully supersedes any and all previous Agreements entered into by and 10 between the City of San Bernardino and City Towing. 11 18. Any notice to be given pursuant to this Agreement by either party to the other 12 shall be deposited with the United States Postal Service, postage prepaid, and addressed as 13 follows: 14 15 To the City: City Administrator 300 North "D" Street San Bernardino, CA 92418 16 17 18 To Towing Carrier: City Towing 530 W. 10th Street San Bernardino, CA 92410 19 20 Nothing in this paragraph shall be construed to prevent the giving of notice by personal 21 servIce. 22 23 24 25 5 1999-86 City 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day 2 and date first above shown. 3 CITY OF SAN BpRNARDINO / 4 5 6 7 By: ~ 8 Attest: By:~h.~ City Towing "Towing Carrier" 9 10 11 12 Approved as to Form and Legal Content: 13 14 James F. Penman, City Attorney 15 ~~~- 16 f'~ 17 18 19 20 21 22 23 24 25 6