Loading...
HomeMy WebLinkAbout1998-196RESOLUTION NO. 98-196 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR TOW SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND CITY TOWING; BIG Z TOWING, INC.; TRI-CITY TOWING, INC.; WILSON TOWING, LLC; LOMA LINDA TOWING AND DANNY'S TOWING. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an Agreement For Tow Services with City Towing; Big Z Towing, Inc.; Tri-City Towing, Inc.; Wilson Towing, LLC; Loma Linda Towing and Danny's Towing, copies of which are attached hereto marked Exhibits "A," "B," "C," "D," "E," and "F," respectively, and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization to execute each above-referenced agreement is rescinded if the parties to such agreement fail to execute it within thirty (30) days of the passage of this resolution. 98-196 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR TOW 2 SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND CITY TOWING; BIG Z TOWING, INC.; TRI-CITY TOWING, INC.; WILSON TOWING, LLC; LOMA LINDA 3 TOWING AND DANNY'S TOWING. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a regular meeting 6 thereof, held on the 6th 7 wit: 8 COUNCIL MEMBERS: 9 ESTRADA 10 LIEN II ARIAS 12 SCHNETZ 13 DEVLIN 14 ANDERSON 15 MILLER 16 17 18 day of July , 1998, by the following vote, to AYES NAYS ABSTAIN ABSENT x x x x x x x /~_Al,# h ~ ~ERK' 19 Il The foregoing Resolution is hereby approved this % day of July ._-----,--, 1998. / aUi2~ VALLES, Mayor San Bernardino 20 21 22 23 Approved as to form and 24 legal content: 25 26 27 By: 28 98-196 BIG Z TOWING 1 AGREEMENT FOR TOW SERVICES THIS AGREEMENT FOR TOW SERVICES entered into this ~;1~ day 2 3 of M of 1998, by and between the City of San 4 Bernardino ("City") and Big Z Towing, Inc. ("Towing Carrier"). 5 The parties hereto agree as follows: 6 Towing Carrier hereby agrees to provide tow services to 1. 7 the City of San Bernardino pursuant to the terms and conditions 8 contained in this Agreement. 9 2. Towing Carrier shall: 10 Have a minimum storage space for 200 vehicles with A. 11 a minimum of twelve inside spaces; outside storage lots must be 12 adequately lighted. 13 Have an attendant on call twenty-four (24) hours B. 14 a day, seven days a week at place of business. 15 C. Have no more than two telephone numbers listed 16 with any City department. 17 D. Store towed vehicles in a safe and protected space 18 where the vehicles and their contents will not be accessible to 19 thieves nor be damaged by activity in the carrier establishment or 20 from the elements or by vandals; no vehicles shall be left parked 21 or stored on the public streets at anytime; in no event shall the 22 city be liable for any theft, vandalism or damage occurring to any 23 such vehicle or is contents. 24 Post a tag on the windshield on all cars ordered E. 25 impounded by a City department. 26 Collect all towing or hauling and storage charges F. 27 on each vehicle from the owner; in no event shall the city be 28 liable for any such charge. 1 98-196 1 G. Whenever a vehicle has been involved in an 2 accident or a traffic violation, and the owner or someone 3 delegated by him is present and is capable of removing the vehicle 4 from the street with reasonable dispatch, and the vehicle is not 5 needed for criminal evidence, City and/or towing carrier shall 6 permit the owner or his delegate to remove the vehicle or call a 7 towing company of his or her own choice to remove the same; 8 provided, however, that if the street cannot be cleared for safe 9 public use with reasonable dispatch by the above method, and in 10 all situations other than above set forth, a towing carrier from 11 the top of the rotation list will be called by the City. 12 H. Furnish each owner with a fully itemized billing. 13 I. Immediately after each towing operation, make a 14 towing slip with the contents of each vehicle placed in his or her 15 care itemized thereon as verified by the officer ordering the same 16 and make the slip available to the City on request. 17 J. Release no impounded vehicle without first having 18 obtained a release from the City to do so. 19 K. Agree to a rotation system established by the 20 City. 21 L. Comply with all rules, regulations and laws of the 22 State of California, County of San Bernardino and City. 23 M. Have adequate equipment to handle calls from the 24 city, impounds and storage of motor vehicles. 25 N. The carrier shall operate from a location within 26 the City of San Bernardino, and all of the facilities necessary 27 for said operation shall be located within the City of San 28 Bernardino. 2 98-196 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 26 27 28 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. Obtain and maintain public liability and property damage insurance in the amount of $1 million, and naming the City of San Bernardino as an additional insured. The carrier shall provide a Certificate of Insurance, naming the City as an additional insured annually at a date to be determined by the City's Risk Management Coordinator. 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 the 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. 3 98-196 1 5. This Agreement may be terminated by either party for 2 any reason upon the giving of thirty (30) days written notice. 3 Should City issue such termination notice, Towing Carrier will be 4 afforded a pretermination hearing before the Police Commission if 5 so requested. 6 6. Towing Carrier shall be dispatched to tow calls on a 7 per call rotation basis in conjunction with other towing carriers 8 which have entered into agreements with the City. 9 7. Monthly, Towing Carrier shall submit to the City a list 10 of all vehicles towed the previous month, including license plate 11 number and VIN. 12 8. Towing Carrier shall charge for services on calls by 13 the City, in an amount not to exceed ten dollars ($10) above the 14 hourly rate set forth by the California Highway Patrol. The 15 minimum charge for services shall not exceed one (1) hour. 16 9. Standby time for tow trucks will begin one (1) hour 17 after receipt of calls from the City and is defined to mean the 18 time consumed after the first hour in necessary preparations in 19 order to tow the disabled vehicle and in cleaning up the immediate 20 surrounding area. 21 10. In the event that a towed vehicle is forfeited by the 22 owner in accordance with ~14607 of the California Vehicle Code, 23 the proceeds of the sale of the vehicle shall be distributed 24 pursuant to ~14607.6 of said Code. 25 11. Upon reasonable advance written notice, City shall have 26 the right to review and audit the books of towing carrier at 27 towing carrier's place of business and during business hours. 28 12. The parties understand and agree that this Agreement 4 98-196 1 grants Towing Carrier a non-exclusive franchise. 2 13. Towing Carrier shall charge and remit to City on a 3 monthly basis a vehicle towing administrative fee per such vehicle 4 towed which shall be set by resolution by the Mayor and Common 5 Council. Such fee shall not be charged for those individuals who 6 have had their vehicles towed, stored or impounded as a result of 7 being a victim of a crime (car theft, etc) or those vehicles 8 belonging to any public agency. 9 14. Towing carrier shall be charged and remit to City on a 10 monthly basis a $40.00 per vehicle towed franchise fee. Such 11 vehicle towed franchise fee shall be paid by towing carrier, out 12 of its profits, and shall not be passed on to the vehicle owner. 13 Such vehicle towed franchise fee shall not be charged by nor 14 remitted to the City on any such towed vehicle when there is 15 issued on such vehicle by the City of San Bernardino Police 16 Department a Public Agency Authorization To Dispose Of A Vehicle 17 To A Scrap Iron Processor Or Dismantler, REG 462 (REV. 2/92), 18 pursuant to California Vehicle Code ~22851.2 or 22851.3. 19 15. Towing Carrier shall also comply with the minimal 20 standards set forth in the California Highway Patrol tow service 21 agreement as such agreement shall be amended from time to time. 22 Where provisions of this Agreement and the CHP tow service 23 agreement shall be found to be in conflict, the provisions of this 24 Agreement shall prevail. 25 16. Towing carrier shall also comply with all provisions of 26 the Resolution of the Mayor and Common Council of the City of San 27 Bernardino Establishing Standard Criteria for Companies to Provide 28 Tow Services for the City of San Bernardino as said resolution 5 98-196 1 exists and/or as said resolution may be amended from time to time. 2 17. This Agreement represents the entire Agreement between 3 the City and the Towing Carrier and fully 3upersedes any and all 4 previous Agreements entered into by and between the City of San 5 Bernardino and Big Z Towing, Inc. 6 18. Any notice to be given pursuant to this Agreement by 7 either party to the other shall be deposited with the United 8 States Postal Service, postage prepaid, and addressed as follows: 9 To the City: City Administrator 300 North "D" Street San Bernardino, CA 92418 10 11 To Towing Carrier: Big Z Towing, Inc. 274 N. "I" Street San Bernardino, CA ..'/j" " ,.', 12 13 Nothing in this paragraph shall be construed to prevent the 14 giving of notice by personal 15 service. 16 IN WITNESS WHEREOF, the parties hereto have executed this 17 Agreement on the day and date first above shown. 18 CITY 19 ~ Judith Valles 20 Attest: 21 22 By:~h.~ BIG ZING "Towing Carrier" 23 By ~;((L 1-) C1-lO~,- R06<, T U lJ" tI s 24 25 Approved as to Form and Legal Content: 26 JAMES 27 City 28 By: 6 98-196 CITY TOWING 1 AGREEMENT FOR TOW SERVICES THIS AGREEMENT FOR TOW SERVICES entered into this (/,hv day 2 3 of fJult of 1998, by and between the City of San 4 Bernardino ("City") and City Towing ("Towing Carrier") . 5 The parties hereto agree as follows: 6 1. Towing Carrier hereby agrees to provide tow services to 7 the City of San Bernardino pursuant to the terms and conditions 8 contained in this Agreement. 9 2. Towing Carrier shall: 10 A. Have a minimum storage space for 200 vehicles with 11 a minimum of twelve inside spaces; outside storage lots must be 12 adequately lighted. 13 B. Have an attendant on call twenty-four (24) hours 14 a day, seven days a week at place of business. 15 C. Have no more than two telephone numbers listed 16 with any City department. 17 D. Store towed vehicles in a safe and protected space 18 where the vehicles and their contents will not be accessible to 19 thieves nor be damaged by activity in the carrier establishment or 20 from the elements or by vandals; no vehicles shall be left parked 21 or stored on the public streets at anytime; in no event shall the 22 city be liable for any theft, vandalism or damage occurring to any 23 such vehicle or is contents. 24 E. Post a tag on the windshield on all cars ordered 25 impounded by a City department. 26 F. Collect all towing or hauling and storage charges 27 on each vehicle from the owner; in no event shall the city be 28 liable for any such charge. 1 Ji\ , 98-196 1 G. Whenever a vehicle has been involved in an 2 accident or a traffic violation, and the owner or someone 3 delegated by him is present and is capable of removing the vehicle 4 from the street with reasonable dispatch, and the vehicle is not 5 needed for criminal evidence, City and/or towing carrier shall 6 permit the owner or his delegate to remove the vehicle or call a 7 towing company of his or her own choice to remove the same; 8 provided, however, that if the street cannot be cleared for safe 9 public use with reasonable dispatch by the above method, and in 10 all situations other than above set forth, a towing carrier from 11 the top of the rotation list will be called by the City. 12 H. Furnish each owner with a fully itemized billing. 13 I. Immediately after each towing operation, make a 14 towing slip with the contents of each vehicle placed in his or her 15 care itemized thereon as verified by the officer ordering the same 16 and make the slip available to the City on request. 17 J. Release no impounded vehicle without first having 18 obtained a release from the City to do so. 19 K. Agree to a rotation system established by the 20 City. 21 L. Comply with all rules, regulations and laws of the 22 State of California, County of San Bernardino and City. 23 M. Have adequate equipment to handle calls from the 24 city, impounds and storage of motor vehicles. 25 N. The carrier shall operate from a location within 26 the City of San Bernardino, and all of the facilities necessary 27 for said operation shall be located within the City of San 28 Bernardino. 2 98-196 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 26 27 28 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. Obtain and maintain public liability and property damage insurance in the amount of $1 million, and naming the City of San Bernardino as an additional insured. The carrier shall provide a Certificate of Insurance, naming the City as an additional insured annually at a date to be determined by the City's Risk Management Coordinator. 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 the 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. 3 98-196 1 5. This Agreement may be terminated by either party for 2 any reason upon the giving of thirty (30) days written notice. 3 Should City issue such termination notice, Towing Carrier will be 4 afforded a pretermination hearing before the Police Commission if 5 so requested. 6 6. Towing Carrier shall be dispatched to tow calls on a 7 per call rotation basis in conjunction with other towing carriers 8 which have entered into agreements with the City. 9 7. Monthly, Towing Carrier shall submit to the City a list 10 of all vehicles towed the previous month, including license plate 11 number and VIN. 12 8. Towing Carrier shall charge for services on calls by 13 the City, in an amount not to exceed ten dollars ($10) above the 14 hourly rate set forth by the California Highway Patrol. The 15 minimum charge for services shall not exceed one (1) hour. 16 9. Standby time for tow trucks will begin one (1) hour 17 after receipt of calls from the City and is defined to mean the 18 time consumed after the first hour in necessary preparations in 19 order to tow the disabled vehicle and in cleaning up the immediate 20 surrounding area. 21 10. In the event that a towed vehicle is forfeited by the 22 owner in accordance with ~14607 of the California Vehicle Code, 23 the proceeds of the sale of the vehicle shall be distributed 24 pursuant to ~14607.6 of said Code. 25 11. Upon reasonable advance written notice, City shall have 26 the right to review and audit the books of towing carrier at 27 towing carrier's place of business and during business hours. 28 12. The parties understand and agree that this Agreement 4 98-196 1 grants Towing Carrier a non-exclusive franchise. 2 13. Towing Carrier shall charge and remit to City on a 3 monthly basis a vehicle towing administrative fee per such vehicle 4 towed which shall be set by resolution by the Mayor and Common 5 Council. Such fee shall not be charged for those individuals who 6 have had their vehicles towed, stored or impounded as a result of 7 being a victim of a crime (car theft, etc) or those vehicles 8 belonging to any public agency. 9 14. Towing carrier shall be charged and remit to City on a 10 monthly basis a $40.00 per vehicle towed franchise fee. Such 11 vehicle towed franchise fee shall be paid by towing carrier, out 12 of its profits, and shall not be passed on to the vehicle owner. 13 Such vehicle towed franchise fee shall not be charged by nor 14 remitted to the City on any such towed vehicle when there is 15 issued on such vehicle by the City of San Bernardino Police 16 Department a Public Agency Authorization To Dispose Of A Vehicle 17 To A Scrap Iron Processor Or Dismantler, REG 462 (REV. 2/92), 18 pursuant to California Vehicle Code ~22851.2 or 22851.3. 19 15. Towing Carrier shall also comply with the minimal 20 standards set forth in the California Highway Patrol tow service 21 agreement as such agreement shall be amended from time to time. 22 Where provisions of this Agreement and the CHP tow service 23 agreement shall be found to be in conflict, the provisions of this 24 Agreement shall prevail. 25 16. Towing carrier shall also comply with all provisions of 26 the Resolution of the Mayor and Common Council of the City of San 27 Bernardino Establishing Standard Criteria for Companies to Provide 28 Tow Services for the City of San Bernardino as said resolution 5 . 98-196 1 exists and/or as said resolution may be amended from time to time. 2 17. This Agreement represents the entire Agreement between 3 the City and the Towing Carrier and fully supersedes any and all 4 previous Agreements entered into by and between the City of San 5 Bernardino and City Towing. 6 18. Any notice to be given pursuant to this Agreement by 7 either party to the other shall be deposited with the United 8 States Postal Service, postage prepaid, and addressed as follows: 9 To the City: City Administrator 300 North "D" Street San Bernardino, CA 92418 10 11 To Towing Carrier: City Towing 530 W. lOth Street San Bernardino, CA .'i , . ~. 12 13 Nothing in this paragraph shall be construed to prevent the 14 giving of notice by personal 15 service. 16 IN WITNESS WHEREOF, the parties hereto have executed this 17 Agreement on the day and date first above shown. 18 CITY OF SAJ;lBERNARDINO 19 20 Attest: 21 22 By~h,~ CITY OWING "Towing Carrier" 23 24 By: I~~' / ' -- "1 j:<"Jj 'f~ 25 Approved as to Form and Legal Content: 26 27 6 28 98-196 LOHA LINDA TOWING 1 AGREEMENT FOR TOW SERVICES 2 THIS AGREEMENT FOR TOW SERVICES entered into this c-h-v day 3 of ~~ of 1998, by and between the City of San 4 Bernardino ("City") and Lorna Linda Towing ("Towing Carrier"). 5 The parties hereto agree as follows: 6 1. Towing Carrier hereby agrees to provide tow services to 7 the City of San Bernardino pursuant to the terms and conditions 8 contained in this Agreement. 9 10 2. Towing Carrier shall: A. Have a minimum storage space for 200 vehicles with 11 a minimum of twelve inside spaces; outside storage lots must be 12 adequately lighted. 13 B. Have an attendant on call twenty-four (24) hours 14 a day, seven days a week at place of business. 15 C. Have no more than two telephone numbers listed 16 with any City department. 17 D. Store towed vehicles in a safe and protected space 18 where the vehicles and their contents will not be accessible to 19 thieves nor be damaged by activity in the carrier establishment or 20 from the elements or by vandals; no vehicles shall be left parked 21 or stored on the public streets at anytime; in no event shall the 22 city be liable for any theft, vandalism or damage occurring to any 23 such vehicle or is contents. 24 E. Post a tag on the windshield on all cars ordered 25 impounded by a City department. 26 F. Collect all towing or hauling and storage charges 27 on each vehicle from the owner; in no event shall the city be 28 liable for any such charge. 1 98-196 1 G. Whenever a vehicle has been involved in an 2 accident or a traffic violation, and the owner or someone 3 delegated by him is present and is capable of removing the vehicle 4 from the street with reasonable dispatch, and the vehicle is not 5 needed for criminal evidence, City and/or towing carrier shall 6 permit the owner or his delegate to remove the vehicle or call a 7 towing company of his or her own choice to remove the same; 8 provided, however, that if the street cannot be cleared for safe 9 public use with reasonable dispatch by the above method, and in 10 all situations other than above set forth, a towing carrier from 11 the top of the rotation list will be called by the City. 12 H. Furnish each owner with a fully itemized billing. 13 I. Immediately after each towing operation, make a 14 towing slip with the contents of each vehicle placed in his or her 15 care itemized thereon as verified by the officer ordering the same 16 and make the slip available to the City on request. 17 J. Release no impounded vehicle without first having 18 obtained a release from the City to do so. 19 K. Agree to a rotation system established by the 20 City. 21 L. Comply with all rules, regulations and laws of the 22 State of California, County of San Bernardino and City. 23 M. Have adequate equipment to handle calls from the 24 city, impounds and storage of motor vehicles. 25 N. The carrier shall operate from a location within 26 the City of San Bernardino, and all of the facilities necessary 27 for said operation shall be located within the City of San 28 Bernardino. 2 98-196 1 O. Carry a broom, trash can and sand and shall clean 2 and remove broken glass, spilled oil, or gasoline from the area 3 before departing, unless directed to not do so by police officers 4 and/or designated City employees at the scene. 5 P. Obtain and maintain public liability and property 6 damage insurance in the amount of $1 million, and naming the City 7 of San Bernardino as an additional insured. The carrier shall 8 provide a Certificate of Insurance, naming the City as an 9 additional insured annually at a date to be determined by the 10 City's Risk Management Coordinator. 11 Q. Tow vehicles shall be rated at a minimum of 14000 12 GVW. 13 3. Towing Carrier shall give or cause to be given written 14 notice to the registered and legal owners of each vehicle which is 15 towed in conformity with the authorization and requirements of 16 this Agreement concerning the fact of such towing, the place at 17 which such vehicle is stored and the imposition of charges for 18 towing, storage and related services whenever the towing carrier 19 knows or is able to ascertain from the registration records in the 20 vehicle or from the registration records of the Department of 21 Motor Vehicles the name and address of the registered and legal 22 owners. The notice shall be given not more than ten (10) days 23 from the date of the towing of the vehicle by the towing carrier. 24 4. Every tow truck of towing carrier which is subject to 25 the provisions of this Agreement and which by virtue of this 26 Agreement responds to calls for service by the City, shall be 27 clearly marked on both sides of the cab with the name and 28 telephone number of towing carrier. 3 98-196 1 5. This Agreement may be terminated by either party for 2 any reason upon the giving of thirty (30) days written notice. 3 Should City issue such termination notice, Towing Carrier will be 4 afforded a pretermination hearing before the Police Commission if 5 so requested. 6 6. Towing Carrier shall be dispatched to tow calls on a 7 per call rotation basis in conjunction with other towing carriers 8 which have entered into agreements with the City. 9 7. Monthly, Towing Carrier shall submit to the City a list 10 of all vehicles towed the previous month, including license plate 11 number and VIN. 12 8. Towing Carrier shall charge for services on calls by 13 the City, in an amount not to exceed ten dollars ($10) above the 14 hourly rate set forth by the California Highway Patrol. The 15 minimum charge for services shall not exceed one (1) hour. 16 9. Standby time for tow trucks will begin one (1) hour 17 after receipt of calls from the City and is defined to mean the 18 time consumed after the first hour in necessary preparations in 19 order to tow the disabled vehicle and in cleaning up the immediate 20 surrounding area. 21 10. In the event that a towed vehicle is forfeited by the 22 owner in accordance with ~14607 of the California Vehicle Code, 23 the proceeds of the sale of the vehicle shall be distributed 24 pursuant to ~14607.6 of said Code. 25 11. Upon reasonable advance written notice, City shall have 26 the right to review and audit the books of towing carrier at 27 towing carrier's place of business and during business hours. 28 12. The parties understand and agree that this Agreement 4 98-196 , 1 grants Towing Carrier a non-exclusive franchise. 2 13. Towing Carrier shall charge and remit to City on a 3 monthly basis a vehicle towing administrative fee per such vehicle 4 towed which shall be set by resolution by the Mayor and Common 5 Council. Such fee shall not be charged for those individuals who 6 have had their vehicles towed, stored or impounded as a result of 7 being a victim of a crime (car theft, etc) or those vehicles 8 belonging to any public agency. 9 14. Towing carrier shall be charged and remit to City on a 10 monthly basis a $40.00 per vehicle towed franchise fee. Such 11 vehicle towed franchise fee shall be paid by towing carrier, out 12 of its profits, and shall not be passed on to the vehicle owner. 13 Such vehicle towed franchise fee shall not be charged by nor 14 remitted to the City on any such towed vehicle when there is 15 issued on such vehicle by the City of San Bernardino Police 16 Department a Public Agency Authorization To Dispose Of A Vehicle 17 To A Scrap Iron Processor Or Dismantler, REG 462 (REV. 2/92), 18 pursuant to California Vehicle Code ~22851.2 or 22851.3. 19 15. Towing Carrier shall also comply with the minimal 20 standards set forth in the California Highway Patrol tow service 21 agreement as such agreement shall be amended from time to time. 22 Where provisions of this Agreement and the CHP tow service 23 agreement shall be found to be in conflict, the provisions of this 24 Agreement shall prevail. 25 16. Towing carrier shall also comply with all provisions of 26 the Resolution of the Mayor and Common Council of the City of San 27 Bernardino Establishing Standard Criteria for Companies to Provide 28 Tow Services for the City of San Bernardino as said resolution 5 98-196 1 exists and/or as said resolution may be amended from time to time. 2 17. This Agreement represents the entire Agreement between 3 the City and the Towing Carrier and fully supersedes any and all 4 previous Agreements entered into by and between the City of San 5 Bernardino and Lorna Linda Towing. 6 18. Any notice to be given pursuant to this Agreement by 7 either party to the other shall be deposited with the United 8 States Postal Service, postage prepaid, and addressed as follows: 9 To the City: City Administrator 300 North "D" Street San Bernardino, CA 92418 10 11 To Towing Carrier: Lorna Linda Towing 1915 S. Tippecanoe Ave. San Bernardino, CA .J ';' iF' 12 13 Nothing in this paragraph shall be construed to prevent the 14 giving of notice by personal 15 service. 16 IN WITNESS WHEREOF, the parties hereto have executed this 17 Agreement on the day and date first above shown. 18 19 20 Attest: 21 22 By:~h.~ LOMA LINDA TOWING "Towing Carrier" 23 24 ~ 25 Approved as to Form and Legal Content: 26 6 27 28 u 98-196 , . TRI-CITY TOWING 1 AGREEMENT FOR TOW SERVICES 2 THIS AGREEMENT FOR TOW SERVICES entered into this t,<hv day 3 of 9+ of 1998, by and between the City of San 4 Bernardino ("City") and Tri-City Towing, Inc. ("Towing Carrier"). 5 The parties hereto agree as follows: 6 1. Towing Carrier hereby agrees to provide tow services to 7 the City of San Bernardino pursuant to the terms and conditions 8 contained in this Agreement. 9 2 . Towing Carrier shall: 10 A. Have a minimum storage space for 200 vehicles with 11 a minimum of twelve inside spaces; outside storage lots must be 12 adequately lighted. 13 B. Have an attendant on call twenty-four (24) hours 14 a day, seven days a week at place of business. 15 C. Have no more than two telephone numbers listed 16 with any City department. 17 D. Store towed vehicles in a safe and protected space 18 where the vehicles and their contents will not be accessible to 19 thieves nor be damaged by activity in the carrier establishment or 20 from the elements or by vandals; no vehicles shall be left parked 21 or stored on the public streets at anytime; in no event shall the 22 city be liable for any theft, vandalism or damage occurring to any 23 such vehicle or is contents. 24 E. Post a tag on the windshield on all cars ordered 25 impounded by a City department. 26 F. Collect all towing or hauling and storage charges 27 on each vehicle from the owner; in no event shall the city be 28 liable for any such charge. 1 98-196 . . 1 G. Whenever a vehicle has been involved in an 2 accident or a traffic violation, and the owner or someone 3 delegated by him is present and is capable of removing the vehicle 4 from the street with reasonable dispatch, and the vehicle is not 5 needed for criminal evidence, City and/or towing carrier shall 6 permit the owner or his delegate to remove the vehicle or call a 7 towing company of his or her own choice to remove the same; 8 provided, however, that if the street cannot be cleared for safe 9 public use with reasonable dispatch by the above method, and in 10 all situations other than above set forth, a towing carrier from 11 the top of the rotation list will be called by the City. 12 H. Furnish each owner with a fully itemized billing. 13 I. Immediately after each towing operation, make a 14 towing slip with the contents of each vehicle placed in his or her 15 care itemized thereon as verified by the officer ordering the same 16 and make the slip available to the City on request. 17 J. Release no impounded vehicle without first having 18 obtained a release from the City to do so. 19 K. Agree to a rotation system established by the 20 City. 21 L. Comply with all rules, regulations and laws of the 22 State of California, County of San Bernardino and City. 23 M. Have adequate equipment to handle calls from the 24 city, impounds and storage of motor vehicles. 25 N. The carrier shall operate from a location within 26 the City of San Bernardino, and all of the facilities necessary 27 for said operation shall be located within the City of San 28 Bernardino. 2 98-196 . , 1 O. Carry a broom, trash can and sand and shall clean 2 and remove broken glass, spilled oil, or gasoline from the area 3 before departing, unless directed to not do so by police officers 4 and/or designated City employees at the scene. 5 P. Obtain and maintain public liability and property 6 damage insurance in the amount of $1 million, and naming the City 7 of San Bernardino as an additional insured. The carrier shall 8 provide a Certificate of Insurance, naming the City as an 9 additional insured annually at a date to be determined by the 10 City's Risk Management Coordinator. 11 Q. Tow vehicles shall be rated at a minimum of 14000 12 GVW. 13 3. Towing Carrier shall give or cause to be given written 14 notice to the registered and legal owners of each vehicle which is 15 towed in conformity with the authorization and requirements of 16 this Agreement concerning the fact of such towing, the place at 17 which such vehicle is stored and the imposition of charges for 18 towing, storage and related services whenever the towing carrier 19 knows or is able to ascertain from the registration records in the 20 vehicle or from the registration records of the Department of 21 Motor Vehicles the name and address of the registered and legal 22 owners. The notice shall be given not more than ten (10) days 23 from the date of the towing of the vehicle by the towing carrier. 24 4. Every tow truck of towing carrier which is subject to 25 the provisions of this Agreement and which by virtue of this 26 Agreement responds to calls for service by the City, shall be 27 clearly marked on both sides of the cab with the name and 28 telephone number of towing carrier. 3 . - 98-196 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 26 27 28 5. This Agreement may be terminated by either party for any reason upon the giving of thirty (30) days written notice. Should City issue such termination notice, Towing Carrier will be afforded a pretermination hearing before the Police Commission if so requested. 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. Monthly, Towing Carrier shall submit to the City a list of all vehicles towed the previous month, including license plate number and VIN. 8. Towing 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 ~14607 of the California Vehicle Code, the proceeds of the sale of the vehicle shall be distributed pursuant to ~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 4 98-196 1 grants Towing Carrier a non-exclusive franchise. 2 13. Towing Carrier shall charge and remit to City on a 3 monthly basis a vehicle towing administrative fee per such vehicle 4 towed which shall be set by resolution by the Mayor and Common 5 Council. Such fee shall not be charged for those individuals who 6 have had their vehicles towed, stored or impounded as a result of 7 being a victim of a crime (car theft, etc) or those vehicles 8 belonging to any public agency. 9 14. Towing carrier shall be charged and remit to City on a 10 monthly basis a $40.00 per vehicle towed franchise fee. Such 11 vehicle towed franchise fee shall be paid by towing carrier, out 12 of its profits, and shall not be passed on to the vehicle owner. 13 Such vehicle towed franchise fee shall not be charged by nor 14 remitted to the City on any such towed vehicle when there is 15 issued on such vehicle by the City of San Bernardino Police 16 Department a Public Agency Authorization To Dispose Of A Vehicle 17 To A Scrap Iron Processor Or Dismantler, REG 462 (REV. 2/92), 18 pursuant to California Vehicle Code ~22851.2 or 22851.3. 19 15. Towing Carrier shall also comply with the minimal 20 standards set forth in the California Highway Patrol tow service 21 agreement as such agreement shall be amended from time to time. 22 Where provisions of this Agreement and the CHP tow service 23 agreement shall be found to be in conflict, the provisions of this 24 Agreement shall prevail. 25 16. Towing carrier shall also comply with all provisions of 26 the Resolution of the Mayor and Common Council of the City of San 27 Bernardino Establishing Standard Criteria for Companies to Provide 28 Tow Services for the City of San Bernardino as said resolution 5 98-196 1 exists and/or as said resolution may be amended from time to time. 2 17. This Agreement represents the entire Agreement between 3 the City and the Towing Carrier and fully supersedes any and all 4 previous Agreements entered into by and between the City of San 5 Bernardino and Tri-City Towing, Inc. 6 18. Any notice to be given pursuant to this Agreement by 7 either party to the other shall be deposited with the United 8 States Postal Service, postage prepaid, and addressed as follows: 9 To the City: City Administrator 300 North "D" Street San Bernardino, CA 92418 10 11 To Towing Carrier: Tri-City Towing, Inc. 1661 W. Walnut San Bernardino, CA, q~IO Nothing in this paragraph shall be construed to prevent the 12 13 14 giving of notice by personal 15 service. 16 IN WITNESS WHEREOF, the parties hereto have executed this 17 Agreement on the day and date first above shown. 18 ,SAN BERNARDINO 19 20 Attest: 21 22 By~)J,~ T 1- ITY TOWING, INC. ing Carrier" 23 By' )C~~/k~ 'L-- . ,/ 24 25 Approved as to Form and Legal Content: 26 28 By: 6 JAMES 27 City 98-196 WILSON TOWING 1 AGREEMENT FOR TOW SERVICES THIS AGREEMENT FOR TOW SERVICES entered into this ~hu day 2 3 Sf~~ of 1998, by and between the City of San v Bernardlno ("City") and Wilson Towing, LLC ("Towing Carrier"). of 4 5 The parties hereto agree as follows: 6 Towing Carrier hereby agrees to provide tow services to 1. 7 the City of San Bernardino pursuant to the terms and conditions 8 contained in this Agreement. 9 2 . Towing Carrier shall: 10 Have a minimum storage space for 200 vehicles with A. 11 a minimum of twelve inside spaces; outside storage lots must be 12 adequately lighted. 13 Have an attendant on call twenty-four (24) hours B. 14 a day, seven days a week at place of business. 15 C. Have no more than two telephone numbers listed 16 with any City department. 17 Store towed vehicles in a safe and protected space D. 18 where the vehicles and their contents will not be accessible to 19 thieves nor be damaged by activity in the carrier establishment or 20 from the elements or by vandals; no vehicles shall be left parked 21 or stored on the public streets at anytime; in no event shall the 22 city be liable for any theft, vandalism or damage occurring to any 23 such vehicle or is contents. 24 Post a tag on the windshield on all cars ordered E. 25 impounded by a City department. 26 Collect all towing or hauling and storage charges F. 27 on each vehicle from the owner; in no event shall the city be 28 liable for any such charge. 1 98-196 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 26 27 28 G. Whenever a vehicle has been involved in an accident or a traffic violation, and the owner or someone delegated by him is present and is capable of removing the vehicle 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 from 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. 2 98-196 1 O. Carry a broom, trash can and sand and shall clean 2 and remove broken glass, spilled oil, or gasoline from the area 3 before departing, unless directed to not do so by police officers 4 and/or designated City employees at the scene. 5 P. Obtain and maintain public liability and property 6 damage insurance in the amount of $1 million, and naming the City 7 of San Bernardino as an additional insured. The carrier shall 8 provide a Certificate of Insurance, naming the City as an 9 additional insured annually at a date to be determined by the 10 City's Risk Management Coordinator. 11 Q. Tow vehicles shall be rated at a minimum of 14000 12 GVW . 13 3. Towing Carrier shall give or cause to be given written 14 notice to the registered and legal owners of each vehicle which is 15 towed in conformity with the authorization and requirements of 16 this Agreement concerning the fact of such towing, the place at 17 which such vehicle is stored and the imposition of charges for 18 towing, storage and related services whenever the towing carrier 19 knows or is able to ascertain from the registration records in the 20 vehicle or from the registration records of the Department of 21 Motor Vehicles the name and address of the registered and legal 22 owners. The notice shall be given not more than ten (10) days 23 from the date of the towing of the vehicle by the towing carrier. 24 4. Every tow truck of towing carrier which is subject to 25 the provisions of this Agreement and which by virtue of this 26 Agreement responds to calls for service by the City, shall be 27 clearly marked on both sides of the cab with the name and 28 telephone number of towing carrier. 3 98-196 1 5. This Agreement may be terminated by either party for 2 any reason upon the giving of thirty (30) days written notice. 3 Should City issue such termination notice, Towing Carrier will be 4 afforded a pretermination hearing before the Police Commission if 5 so requested. 6 6. Towing Carrier shall be dispatched to tow calls on a 7 per call rotation basis in conjunction with other towing carriers 8 which have entered into agreements with the City. 9 7. Monthly, Towing Carrier shall submit to the City a list 10 of all vehicles towed the previous month, including license plate 11 number and VIN. 12 8. Towing Carrier shall charge for services on calls by 13 the City, in an amount not to exceed ten dollars ($10) above the 14 hourly rate set forth by the California Highway Patrol. The 15 minimum charge for services shall not exceed one (1) hour. 16 9. Standby time for tow trucks will begin one (1) hour 17 after receipt of calls from the City and is defined to mean the 18 time consumed after the first hour in necessary preparations in 19 order to tow the disabled vehicle and in cleaning up the immediate 20 surrounding area. 21 10. In the event that a towed vehicle is forfeited by the 22 owner in accordance with 814607 of the California Vehicle Code, 23 the proceeds of the sale of the vehicle shall be distributed 24 pursuant to 814607.6 of said Code. 25 11. Upon reasonable advance written notice, City shall have 26 the right to review and audit the books of towing carrier at 27 towing carrier's place of business and during business hours. 28 12. The parties understand and agree that this Agreement 4 98-196 1 grants Towing Carrier a non-exclusive franchise. 2 13. Towing Carrier shall charge and remit to City on a 3 monthly basis a vehicle towing administrative fee per such vehicle 4 towed which shall be set by resolution by the Mayor and Common 5 Council. Such fee shall not be charged for those individuals who 6 have had their vehicles towed, stored or impounded as a result of 7 being a victim of a crime (car theft, etc) or those vehicles 8 belonging to any public agency. 9 14. Towing carrier shall be charged and remit to City on a 10 monthly basis a $40.00 per vehicle towed franchise fee. Such 11 vehicle towed franchise fee shall be paid by towing carrier, out 12 of its profits, and shall not be passed on to the vehicle owner. 13 Such vehicle towed franchise fee shall not be charged by nor 14 remitted to the City on any such towed vehicle when there is 15 issued on such vehicle by the City of San Bernardino Police 16 Department a Public Agency Authorization To Dispose Of A Vehicle 17 To A Scrap Iron Processor Or Dismantler, REG 462 (REV. 2/92), 18 pursuant to California Vehicle Code ~22851.2 or 22851.3. 19 15. Towing Carrier shall also comply with the minimal 20 standards set forth in the California Highway Patrol tow service 21 agreement as such agreement shall be amended from time to time. 22 Where provisions of this Agreement and the CHP tow service 23 agreement shall be found to be in conflict, the provisions of this 24 Agreement shall prevail. 25 16. Towing carrier shall also comply with all provisions of 26 the Resolution of the Mayor and Common Council of the City of San 27 Bernardino Establishing Standard Criteria for Companies to Provide 28 Tow Services for the City of San Bernardino as said resolution 5 98-196 1 exists and/or as said resolution may be amended from time to time. 2 17. This Agreement represents the entire Agreement between 3 the City and the Towing Carrier and fully supersedes any and all 4 previous Agreements entered into by and between the City of San 5 Bernardino and wilson Towing, LLC. 6 18. Any notice to be given pursuant to this Agreement by 7 either party to the other shall be deposited with the United 8 States Postal Service, postage prepaid, and addressed as follows: 9 To the City: City Administrator 300 North "D" Street San Bernardino, CA 92418 10 11 To Towing Carrier: wilson Towing, LLC 2310 E. 3rd Street San Bernardino, CA . .' i/l..:" 12 13 Nothing in this paragraph shall be construed to prevent the 14 giving of notice by personal 15 service. 16 IN WITNESS WHEREOF, the parties hereto have executed this 17 Agreement on the day and date first above shown. 18 CITY OF SAN BERNARDINO Attest: Valles 19 20 21 22 By:l~h.~ WILSO TOWING, LLC IITowing Carrier" 23 24 By:~,;.,/t:-6 ~ 25 Approved as to Form and Legal Content: 26 28 By: 6 JAMES 27 City .. 98-196 DANNY'S TOWING 1 AGREEMENT FOR TOW SERVICES THIS AGREEMENT FOR TOW SERVICES entered into this lj~ day 2 3 of p~ of 1998, by and between the City of San 4 Bernardino ("City") and Danny's Towing ("Towing Carrier"). 5 The parties hereto agree as follows: 6 Towing Carrier hereby agrees to provide tow services to 1. 7 the City of San Bernardino pursuant to the terms and conditions 8 contained in this Agreement. 9 Towing Carrier shall: 2. 10 Have a minimum storage space for 200 vehicles with A. 11 a minimum of twelve inside spaces; outside storage lots must be 12 adequately lighted. 13 Have an attendant on call twenty-four (24) hours B. 14 a day, seven days a week at place of business. 15 C. Have no more than two telephone numbers listed 16 with any City department. 17 Store towed vehicles in a safe and protected space D. 18 where the vehicles and their contents will not be accessible to 19 thieves nor be damaged by activity in the carrier establishment or 20 from the elements or by vandals; no vehicles shall be left parked 21 or stored on the public streets at anytime; in no event shall the 22 city be liable for any theft, vandalism or damage occurring to any 23 such vehicle or is contents. 24 Post a tag on the windshield on all cars ordered E. 25 impounded by a City department. 26 Collect all towing or hauling and storage charges F. 27 on each vehicle from the owner; in no event shall the city be 28 liable for any such charge. 1 , 98-196 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 26 27 28 G. Whenever a vehicle has been involved in an accident or a traffic violation, and the owner or someone delegated by him is present and is capable of removing the vehicle 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 from 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. 2 98-196 1 O. Carry a broom, trash can and sand and shall clean 2 and remove broken glass, spilled oil, or gasoline from the area 3 before departing, unless directed to not do so by police officers 4 and/or designated City employees at the scene. 5 P. Obtain and maintain public liability and property 6 damage insurance in the amount of $1 million, and naming the City 7 of San Bernardino as an additional insured. The carrier shall 8 provide a Certificate of Insurance, naming the City as an 9 additional insured annually at a date to be determined by the 10 City's Risk Management Coordinator. 11 Q. Tow vehicles shall be rated at a minimum of 14000 12 GVW . 13 3. Towing Carrier shall give or cause to be given written 14 notice to the registered and legal owners of each vehicle which is 15 towed in conformity with the authorization and requirements of 16 this Agreement concerning the fact of such towing, the place at 17 which such vehicle is stored and the imposition of charges for 18 towing, storage and related services whenever the towing carrier 19 knows or is able to ascertain from the registration records in the 20 vehicle or from the registration records of the Department of 21 Motor Vehicles the name and address of the registered and legal 22 owners. The notice shall be given not more than ten (10) days 23 from the date of the towing of the vehicle by the towing carrier. 24 4. Every tow truck of towing carrier which is subject to 25 the provisions of this Agreement and which by virtue of this 26 Agreement responds to calls for service by the City, shall be 27 clearly marked on both sides of the cab with the name and 28 telephone number of towing carrier. 3 98-196 1 5. This Agreement may be terminated by either party for 2 any reason upon the giving of thirty (30) days written notice. 3 Should City issue such termination notice, Towing Carrier will be 4 afforded a pretermination hearing before the Police Commission if 5 so requested. 6 6. Towing Carrier shall be dispatched to tow calls on a 7 per call rotation basis in conjunction with other towing carriers 8 which have entered into agreements with the City. 9 7. Monthly, Towing Carrier shall submit to the City a list 10 of all vehicles towed the previous month, including license plate 11 number and VIN. 12 8. Towing Carrier shall charge for services on calls by 13 the City, in an amount not to exceed ten dollars ($10) above the 14 hourly rate set forth by the California Highway Patrol. The 15 minimum charge for services shall not exceed one (1) hour. 16 9. Standby time for tow trucks will begin one (1) hour 17 after receipt of calls from the City and is defined to mean the 18 time consumed after the first hour in necessary preparations in 19 order to tow the disabled vehicle and in cleaning up the immediate 20 surrounding area. 21 10. In the event that a towed vehicle is forfeited by the 22 owner in accordance with ~14607 of the California Vehicle Code, 23 the proceeds of the sale of the vehicle shall be distributed 24 pursuant to ~14607.6 of said Code. 25 11. Upon reasonable advance written notice, City shall have 26 the right to review and audit the books of towing carrier at 27 towing carrier's place of business and during business hours. 28 12. The parties understand and agree that this Agreement 4 98-196 1 grants Towing Carrier a non-exclusive franchise. 2 13. Towing Carrier shall charge and remit to City on a 3 monthly basis a vehicle towing administrative fee per such vehicle 4 towed which shall be set by resolution by the Mayor and Common 5 Council. Such fee shall not be charged for those individuals who 6 have had their vehicles towed, stored or impounded as a result of 7 being a victim of a crime (car theft, etc) or those vehicles 8 belonging to any public agency. 9 14. Towing carrier shall be charged and remit to City on a 10 monthly basis a $40.00 per vehicle towed franchise fee. Such 11 vehicle towed franchise fee shall be paid by towing carrier, out 12 of its profits, and shall not be passed on to the vehicle owner. 13 Such vehicle towed franchise fee shall not be charged by nor 14 remitted to the City on any such towed vehicle when there is 15 issued on such vehicle by the City of San Bernardino Police 16 Department a Public Agency Authorization To Dispose Of A Vehicle 17 To A Scrap Iron Processor Or Dismantler, REG 462 (REV. 2/92), 18 pursuant to California Vehicle Code ~22851.2 or 22851.3. 19 15. Towing Carrier shall also comply with the minimal 20 standards set forth in the California Highway Patrol tow service 21 agreement as such agreement shall be amended from time to time. 22 Where provisions of this Agreement and the CHP tow service 23 agreement shall be found to be in conflict, the provisions of this 24 Agreement shall prevail. 25 16. Towing carrier shall also comply with all provisions of 26 the Resolution of the Mayor and Common Council of the City of San 27 Bernardino Establishing Standard Criteria for Companies to Provide 28 Tow Services for the City of San Bernardino as said resolution 5 . " . I 98-196 1 exists and/or as said resolution may be amended from time to time. 2 17. This Agreement represents the entire Agreement between 3 the City and the Towing Carrier and fully supersedes any and all 4 previous Agreements entered into by and between the City of San 5 Bernardino and Danny's Towing. 6 18. Any notice to be given pursuant to this Agreement by 7 either party to the other shall be deposited with the United 8 States Postal Service, postage prepaid, and addressed as follows: 9 To the City: City Auministrator 300 North "D" Street San Bernardino, CA 92418 10 11 Danny's Towing 2305 W. Highland Ave. San Bernardino, CA ,': ') tjt5 Nothing in this paragraph shall be construed to prevent the To Towing Carrier: 12 13 14 giving of notice by personal 15 service. 16 IN WITNESS WHEREOF, the parties hereto have executed this 17 Agreement on the day and date first above shown, 18 CITY OF S~ BERNARDINO 19 u.-/ 20 Attest: 21 22 By:~h.~ 23 24 By: 25 Approved as to Form and Legal Content: 26 6 JAMES 27 City 28 By: