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HomeMy WebLinkAbout1995-241 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 RESOLUTION NO. 95-241 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING STANDARD CRITERIA FOR COMPANIES TO 3 PROVIDE TOW SERVICES FOR THE CITY OF SAN BERNARDINO. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: Companies providing tow services for the City of San Bernardino shall first enter into an agreement with the City of San Bernardino granting a non-exclusive franchise which agreement shall include, but shall not be limited, to the following terms and conditions: 1. Every towing carrier shall: A. Have a minimum storage space for 200 vehicles with a minimum of twelve inside spaces; outside storage lots must be adequately lighted. B. Have an attendant on call twenty-four (24) hours a day, seven days a week at place of business. C. Have no more than two telephone numbers listed with any City department. D. Store towed vehicles in a safe and protected space where the vehicles and their contents will not be accessible to thieves nor be damaged by activity in the carrier establishment or from the elements or by vandals; no vehicles shall be left parked or stored on the public streets at anytime; in no event shall the city be liable for any theft, vandalism or damage occurring to any such vehicle or is contents. E. Post a tag on the windshield on all cars ordered impounded by a City department. F. Collect all towing or hauling and storage charges DAB/js [Criteria. Res] 1 c, // / 'I (/ 1 on each vehicle from the owner; in no event shall the city be 2 liable for any such charge. 3 G. Whenever a vehicle has been involved in an 4 accident or a traffic violation, and the owner or someone 5 delegated by him is present and is capable of removing the vehicle 6 from the street with reasonable dispatch, and the vehicle is not 7 needed for criminal evidence, City and/or towing carrier shall 8 permit the owner or his delegate to remove the vehicle or call a 9 towing company of his or her own choice to remove the same; 10 provided, however, that if the street cannot be cleared for safe 11 public use with reasonable dispatch by the above method, and in 12 all situations other than above set forth, a towing carrier from 13 the top of the rotation list will be called by the City. 14 H. Furnish each owner with a fully itemized billing. 15 I. Immediately after each towing operation, make a 16 towing slip with the contents of each vehicle placed in his or her 17 care itemized thereon as verified by the officer ordering the same 18 and make the slip available to the City on request. 19 J. Release no impounded vehicle without first having 20 obtained a release from the City to do so. 21 K. Agree to a rotation system established by the 22 city. 23 L. Comply with all rules, regulations and laws of the 24 state, county and City. 25 M. Have adequate equipment to handle calls from the 26 city, impounds and storage of motor vehicles. 27 N. The carrier shall operate from a location within 28 the City of San Bernardino, and all of the facilities necessary to DAB/js [Criteria.Res] 2 " e" LI; 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 comply with the provisions of this resolution 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. 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. Q. Tow vehicles shall be rated at a minimum of 14000 GVW. 2. The City shall establish a per call rotation system of qualified towing carriers who have entered into agreements with the City for the performance of towing services in response to calls from the City. All departments of the City shall comply with the rotation system. 3. Every towing carrier shall comply with and qualify under all the requirements set forth in this resolution as a condition precedent to being eligible to be placed on the rotation list. 4. Each 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 resolution 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 DAB/js [Criteria.Res] 3 /I' 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 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. 5. Every tow truck which is subject to the provisions of this resolution and which by 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 the towing carrier which operates the truck. 6. City shall enter into agreements with tow carriers not to exceed one company per 40,000 residents of the City. 7. Any agreement entered into pursuant to the terms of this resolution may be terminated by the City upon thirty (30) days written notice providing the right to a pretermination hearing before the Police Commission. 8. Monthly Tow Carriers shall submit a list of all vehicles towed the previous month, including license plate number and VIN. 9. Tow Carriers shall charge for services on calls by the City in an amount not to exceed the hourly rate set forth by the California Highway Patrol. The minimum charge for services shall not exceed one (1) hour. 10. 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. 11. In the event that a towed vehicle is forfeited by the DAB/js [Criteria. Res] 4 II;, - (f/ ) r-' " 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 owner in accordance with ~14607.6 of the California Vehicle Code, 100% of the net proceeds of the sale of the vehicle shall be remitted to the City. 12. All towing carriers shall also comply with the minimal standards set forth in the California Highway Patrol tow service agreement as such agreement shall be amended from time to time. Where provisions of this resolution and the CHP tow service agreement shall be found to be in conflict, the provisions of this resolution shall prevail. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I DAB/js [Criteria.Res] 5 /', -', " LI f.i -d' V/ 1 RESOLUTION. . . ESTABLISHING STANDARD CRITERIA FOR COMPANIES TO PROVIDE TOW SERVICES FOR THE CITY OF SAN BERNARDINO. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of 10th July San Bernardino at a n adjourned regularmeeting thereof, held on the , 1995, by the following vote, to-wit: day of Council Members: NAYS ABSTAIN AYES NEGRETE x CURLIN x HERNANDEZ x OBERHELMAN x DEVLIN x POPE-LUDLAM x MILLER x cM~~ ABSENT The foregoing Resolution is hereby approved this /3;1 day of , 1995. ~ .:;:A ( / c::::r.rn /Vt'-1o/\. Tom Minor, Mayor City of San Bernardino July 22 Approved as to form and legal content: 23 JAMES F. PENMAN, 24 City Attorney ::~ 27 28 DAB/js [Criteria.Res] 6 0~ ~ '.~. RESOLUTION 95-241 Resolution of the Mayor and Common Council of the City of San Bernardino establishing standard criteria for companies to provide tow services for the City of San Bernardino. The aqreement is with the followinq towinq companies: City Towing 530 W, 10th Street, San Bernardino ~ Big Z Towing, Inc. 274 N, "I" Street, San Bernardino 3 Tri-City Towing, Inc. 1661 W. Walnut, San Bernardino 'I Al Wilson Services, Inc, 2310 E, 3rd Street, San Bernardino 5 Lorna Linda Towing 1915 S, Tippecanoe Ave., San Bernardino ~, CITY TOWING HI 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 AGREEMENT FOR TOW SERVICES THIS AGREEMENT FOR TOW SERVICES entered into this ,} 7fd. day I of CJJ1J by and between the City of San Bernardino ("City") and City Towing ("Towing Carrier"). The parties hereto agree as follows: 1. Towing Carrier hereby agrees to provide tow services to the City of San Bernardino pursuant to the terms and conditions contained in this Agreement. 2. Towing Carrier shall: A. Have a minimum storage space for 200 vehicles with a minimum of twelve inside spaces; outside storage lots must be adequately lighted. B. Have an attendant on call twenty-four (24) hours a day, seven days a week at place of business. C. Have no more than two telephone numbers listed with any City department. D. Store towed vehicles in a safe and protected space where the vehicles and their contents will not be accessible to thieves nor be damaged by activity in the carrier establishment or from the elements or by vandals; no vehicles shall be left parked or stored on the public streets at anytime; in no event shall the city be liable for any theft, vandalism or damage occurring to any such vehicle or is contents. E. Post a tag on the windshield on all cars ordered impounded by a City department. F. Collect all towing or hauling and storage charges on each vehicle from the owner; in no event shall the city be DAB/j [City-Tow.Agr] 1 ,Ij /' 'J 1 1 liable for any such charge. 2 G. Whenever a vehicle has been involved in an 3 accident or a traffic violation, and the owner or someone 4 delegated by him is present and is capable of removing the vehicle 5 from the street with reasonable dispatch, and the vehicle is not 6 needed for criminal evidence, City and/or towing carrier shall 7 permit the owner or his delegate to remove the vehicle or call a 8 towing company of his or her own choice to remove the same; 9 provided, however, that if the street cannot be cleared for safe 10 public use with reasonable dispatch by the above method, and in 11 all situations other than above set forth, a towing carrier from 12 the top of the rotation list will be called by the City. 13 H. Furnish each owner with a fully itemized billing. 14 I. Immediately after each towing operation, make a 15 towing slip with the contents of each vehicle placed in his or her 16 care itemized thereon as verified by the officer ordering the same 17 and make the slip available to the City on request. 18 J. Release no impounded vehicle without first having 19 obtained a release from the City to do so. 20 K. Agree to a rotation system established by the 21 City. 22 L. Comply with all rules, regulations and laws of the 23 state, county and City. 24 M. Have adequate equipment to handle calls from the 25 city, impounds and storage of motor vehicles. 26 N. The carrier shall operate from a location within 27 the City of San Bernardino, and all of the facilities necessary to 28 comply with the provisions of this resolution shall be located DAB/j (City-Tow.Agr] 2 r;., 1 within the City of San Bernardino. 2 o. Carry a broom, trash can and sand and shall clean 3 and remove broken glass, spilled oil, or gasoline from the area 4 before departing, unless directed to not do so by police officers 5 and/or designated City employees at the scene. 6 P. Obtain and maintain public liability and property 7 damage insurance in the amount of $1 million, and naming the City 8 of San Bernardino as an additional insured. 9 Q. Tow vehicles shall be rated at a minimum of 14000 10 GVW. 11 3. Towing Carrier shall give or cause to be given written 12 notice to the registered and legal owners of each vehicle which is 13 towed in conformity with the authorization and requirements of 14 this Agreement concerning the fact of such towing, the place at 15 which such vehicle is stored and the imposition of charges for 16 towing, storage and related services whenever the towing carrier 17 knows or is able to ascertain from the registration records in the 18 vehicle or from the registration records of the Department of 19 Motor Vehicles the name and address of the registered and legal 20 owners. The notice shall be given not more than ten (10) days 21 from the date of the towing of the vehicle by the towing carrier. 22 4. Every tow truck of towing carrier which is subject to 23 the provisions of this Agreement and which by virtue of this 24 Agreement responds to calls for service by the City, shall be 25 clearly marked on both sides of the cab with the name and 26 telephone number of towing carrier. 27 5. This Agreement may be terminated by the City upon 28 thirty (30) days written notice providing the right to a DAB/j [City-Tow.Agr] 3 ,. ~ DAB/j 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 pretermination hearing before the Police Commission. 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 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, 100% of the net proceeds of the sale of the vehicle shall be remitted to the City. 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. Towing Carrier shall charge and remit to City on a monthly basis a $25.00 per vehicle towed franchise fee. Such fee shall not be charged for those individuals who have had their 4 [City-Tow.Agr] '.J 1 vehicles towed, stored or impounded as a result of being a victim 2 of a crime (car theft, etc) or those vehicles belonging to any 3 public agency. 4 14. Towing Carrier shall also comply with the minimal 5 standards set forth in the California Highway Patrol tow service 6 agreement as such agreement shall be amended from time to time. 7 Where provisions of this Agreement and the CHP tow service 8 agreement shall be found to be in conflict, the provisions of this 9 Agreement shall prevail. 10 15. Any notice to be given pursuant to this Agreement by 11 ei ther party to the other shall be deposited with the United 12 states Postal Service, postage prepaid, and addressed as follows: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 To the City: City Administrator 300 North "D" Street San Bernardino, CA 92418 To Towing Carrier: City Towing 530 W. 10th Street San Bernardino, CA Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. I I I I I I I I I I I I I I I I I I I I I I I I I I I DAB/j [City-Tow.Agr] 5 r' (// 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 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above sho~n. CITY OF SAN BERNARDINO By:b~ Mat Tom Minor Attest: CITY TOWING "Towing Carrier" By: Ci!:.CZ,ML ~_-/'k. Approved as to Form and Legal Content: ~c~"? r?" JAMES F. PENMAN, City Attorney By: DAB/j [City-Tow.Agr] 6 J I BIG Z :rOWING ,p" .~ 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 AGREEMENT FOR TOW SERVICES ~?I / THIS AGREEMENT FOR TOW SERVICES entered into this,( A day of (}ut~ by and between the City of San Bernardino v ( "Ci ty n) and Big Z Towing, Inc. (" Towing Carrier"). The parties hereto agree as follows: 1. Towing Carrier hereby agrees to provide tow services to the City of San Bernardino pursuant to the terms and conditions contained in this Agreement. 2. Towing Carrier shall: A. Have a minimum storage space for 200 vehicles with a minimum of twelve inside spaces; outside storage lots must be adequately lighted. B. Have an attendant on call twenty-four (24) hours a day, seven days a week at place of business. C. Have no more than two telephone numbers listed with any City department. D. Store towed vehicles in a safe and protected space where the vehicles and their contents will not be accessible to thieves nor be damaged by activity in the carrier establishment or from the elements or by vandals; no vehicles shall be left parked or stored on the public streets at anytime; in no event shall the city be liable for any theft, vandalism or damage occurring to any such vehicle or is contents. E. Post a tag on the windshield on all cars ordered impounded by a City department. F. Collect all towing or hauling and storage charges on each vehicle from the owner; in no event shall the city be DAB/j [BigZ-Tow.Agr] 1 1::/, .' (~, (' ' 1 liable for any such charge. 2 G. Whenever a vehicle has been involved in an 3 accident or a traffic violation, and the owner or someone 4 delegated by him is present and is capable of removing the vehicle 5 from the street with reasonable dispatch, and the vehicle is not 6 needed for criminal evidence, City and/or towing carrier shall 7 permit the owner or his delegate to remove the vehicle or call a 8 towing company of his or her own choice to remove the same; 9 provided, however, that if the street cannot be cleared for safe 10 public use with reasonable dispatch by the above method, and in 11 all situations other than above set forth, a towing carrier from 12 the top of the rotation list will be called by the City. 13 H. Furnish each owner with a fully itemized billing. 14 I. Immediately after each towing operation, make a 15 towing slip with the contents of each vehicle placed in his or her 16 care itemized thereon as verified by the officer ordering the same 17 and make the slip available to the City on request. 18 J. Release no impounded vehicle without first having 19 obtained a release from the City to do so. 20 K. Agree to a rotation system established by the 21 City. 22 L. Comply with all rules, regulations and laws of the 23 state, county and City. 24 M. Have adequate equipment to handle calls from the 25 city, impounds and storage of motor vehicles. 26 N. The carrier shall operate from a location within 27 the City of San Bernardino, and all of the facilities necessary to 28 comply with the provisions of this resolution shall be located DAB/j [BigZ-Tow.Agr) 2 1 within the City of San Bernardino. 2 o. Carry a broom, trash can and sand and shall clean 3 and remove broken glass, spilled oil, or gasoline from the area 4 before departing, unless directed to not do so by police officers 5 and/or designated City employees at the scene. 6 P. Obtain and maintain public liability and property 7 damage insurance in the amount of $1 million, and naming the City 8 of San Bernardino as an additional insured. 9 Q. Tow vehicles shall be rated at a minimum of 14000 10 GVW. 11 3. Towing Carrier shall give or cause to be given written 12 notice to the registered and legal owners of each vehicle which is 13 towed in conformity with the authorization and requirements of 14 this Agreement concerning the fact of such towing, the place at 15 which such vehicle is stored and the imposition of charges for 16 towing, storage and related services whenever the towing carrier 17 knows or is able to ascertain from the registration records in the 18 vehicle or from the registration records of the Department of 19 Motor Vehicles the name and address of the registered and legal 20 owners. The notice shall be given not more than ten (10) days 21 from the date of the towing of the vehicle by the towing carrier. 22 4. Every tow truck of towing carrier which is subject to 23 the provisions of this Agreement and which by virtue of this 24 Agreement responds to calls for service by the City, shall be 25 clearly marked on both sides of the cab with the name and 26 telephone number of towing carrier. 27 5. This Agreement may be terminated by the City upon 28 thirty (30) days written notice providing the right to a DAB/j [BigZ-Tow.Agr] 3 '0 DAB/j 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 pretermination hearing before the Police Commission. 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 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, 100% of the net proceeds of the sale of the vehicle shall be remitted to the City. 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. Towing Carrier shall charge and remit to City on a monthly basis a $25.00 per vehicle towed franchise fee. Such fee shall not be charged for those individuals who have had their [BigZ-Tow.Agr] 4 r': 1 vehicles towed, stored or impounded as a result of being a victim 2 of a crime (car theft, etc) or those vehicles belonging to any 3 public agency. 4 14. Towing Carrier shall also comply with the minimal 5 standards set forth in the California Highway Patrol tow service 6 agreement as such agreement shall be amended from time to time. 7 Where provisions of this Agreement and the CHP tow service 8 agreement shall be found to be in conflict, the provisions of this 9 Agreement shall prevail. 10 15. Any notice to be given pursuant to this Agreement by 11 ei ther party to the other shall be deposited with the United 12 States Postal Service, postage prepaid, and addressed as follows: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 To the City: City Administrator 300 North "D" Street San Bernardino, CA 92418 To Towing Carrier: Big Z Towing, Inc. San Bernardino, CA Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. / / / / / / / / / / / / / / / / / / / / / / / / / / / DAB/j [BigZ-Tow.Agr] 5 ...... ", './ /, 1 IN WITNESS WHEREOF, the parties hereto have executed this 2 Agreement on the day and date first above shown. 3 CITY OF SAN BERNARDINO 4 5 6 7 8 9 10 Attest: By: (~oA:IuL CJ!"_i'-!L \.... Approved as to Form 11 and Legal Content: 12 JAMES F. PENMAN, City Attorney 13 14 By: 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DAB/j [BigZ-Tow.Agr] ~~ By: /~ :.tt~ Mayor 'Jom i or BIG Z TOWING, INC. "Towing Carrier" BYd:X(c:) uJet4 6 t'. . TRI -CITY 'TOWING #:3 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 AGREEMENT FOR TOW SERVICES THIS AGREEMENT FOR TOW SERVICES entered into this .:; JIi day of ~~ by and between the City of San Bernardino ("City") and Tri-City Towing, Inc.("Towing Carrier"). The parties hereto agree as follows: 1. Towing Carrier hereby agrees to provide tow services to the City of San Bernardino pursuant to the terms and conditions contained in this Agreement. 2. Towing Carrier shall: A. Have a minimum storage space for 200 vehicles with a minimum of twelve inside spaces; outside storage lots must be adequately lighted. B. Have an attendant on call twenty-four (24) hours a day, seven days a week at place of business. C. Have no more than two telephone numbers listed with any City department. D. Store towed vehicles in a safe and protected space where the vehicles and their contents will not be accessible to thieves nor be damaged by activity in the carrier establishment or from the elements or by vandals; no vehicles shall be left parked or stored on the public streets at anytime; in no event shall the city be liable for any theft, vandalism or damage occurring to any such vehicle or is contents. E. Post a tag on the windshield on all cars ordered impounded by a City department. F. Collect all towing or hauling and storage charges on each vehicle from the owner; in no event shall the city be DAB/j [Tri-City.Agr] 1 1 liable for any such charge. 2 G. Whenever a vehicle has been involved in an 3 accident or a traffic violation, and the owner or someone 4 delegated by him is present and is capable of removing the vehicle 5 from the street with reasonable dispatch, and the vehicle is not 6 needed for criminal evidence, City and/or towing carrier shall 7 permit the owner or his delegate to remove the vehicle or call a 8 towing company of his or her own choice to remove the same; 9 provided, however, that if the street cannot be cleared for safe 10 public use with reasonable dispatch by the above method, and in 11 all situations other than above set forth, a towing carrier from 12 the top of the rotation list will be called by the City. 13 H. Furnish each owner with a fully itemized billing. 14 I. Immediately after each towing operation, make a 15 towing slip with the contents of each vehicle placed in his or her 16 care itemized thereon as verified by the officer ordering the same 17 and make the slip available to the City on request. 18 J. Release no impounded vehicle without first having 19 obtained a release from the City to do so. 20 K. Agree to a rotation system established by the 21 City. 22 L. Comply with all rules, regulations and laws of the 23 state, county and City. 24 M. Have adequate equipment to handle calls from the 25 city, impounds and storage of motor vehicles. 26 N. The carrier shall operate from a location within 27 the City of San Bernardino, and all of the facilities necessary to 28 comply with the provisions of this resolution shall be located DAB/j [Tri-City.Agr] 2 .j 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 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. 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. 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. 5. This Agreement may be terminated by the City upon thirty (30) days written notice providing the right to a DAB/j [Tri-City.Agrl 3 ,.,~ \ lj, DAB/j 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 pretermination hearing before the Police Commission. 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 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, 100% of the net proceeds of the sale of the vehicle shall be remitted to the City. 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. Towing Carrier shall charge and remit to City on a monthly basis a $25.00 per vehicle towed franchise fee. Such fee shall not be charged for those individuals who have had their [Tri-City,Agr] 4 " 1 vehicles towed, stored or impounded as a result of being a victim 2 of a crime (car theft, etc) or those vehicles belonging to any 3 public agency. 4 14. Towing Carrier shall also comply with the minimal 5 standards set forth in the California Highway Patrol tow service 6 agreement as such agreement shall be amended from time to time. 7 Where provisions of this Agreement and the CHP tow service 8 agreement shall be found to be in conflict, the provisions of this 9 Agreement shall prevail. 10 15. Any notice to be given pursuant to this Agreement by 11 ei ther party to the other shall be deposited with the United 12 states Postal Service, postage prepaid, and addressed as follows: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 To the City: City Administrator 300 North "n" Street San Bernardino, CA 92418 To Towing Carrier: Tri-City Towing, Inc. 1661 W. Walnut San Bernardino, CA Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. / / / / / / / / / / / / / / / / / / / / / / / / / / / DAB/j [Tri-City.AgrJ 5 .r,,_ ~ 1 2 3 4 5 6 7 8 9 10 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. CITY OF SAN BERNARDINO BY~~#~'- Mayor Tom Minor Attest: TRI-CITY TOWING, INC. "Towing Carrier" By: /-) .LA HJu.J..., ~ BY:~~<?~~ CLL-fY.:: . Approved as to Form and Legal Content: 12 JAMES F. PENMAN, City Attorney 13 14 By: 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DAB/j [Tri-City.Agr] 6 ~_~ ~ '/.1 AL WILSON SERVICES "'(/1 , 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 AGREEMENT FOR TOW SERVICES THIS AGREEMENT FOR TOW SERVICES entered into this J.7f!, day of (~ by and between the City of San Bernardino ("City") and Al Wilson Services, Inc. ("Towing Carrier"). The parties hereto agree as follows: 1 . Towing Carrier hereby agrees to provide tow services to the City of San Bernardino pursuant to the terms and conditions contained in this Agreement. 2. Towing Carrier shall: A. Have a minimum storage space for 200 vehicles with a minimum of twelve inside spaces; outside storage lots must be adequately lighted. B. Have an attendant on call twenty-four (24) hours a day, seven days a week at place of business. C. Have no more than two telephone numbers listed with any City department. D. Store towed vehicles in a safe and protected space where the vehicles and their contents will not be accessible to thieves nor be damaged by activity in the carrier establishment or from the elements or by vandals; no vehicles shall be left parked or stored on the public streets at anytime; in no event shall the city be liable for any theft, vandalism or damage occurring to any such vehicle or is contents. E. Post a tag on the windshield on all cars ordered impounded by a City department. F. Collect all towing or hauling and storage charges on each vehicle from the owner; in no event shall the city be DAB/j [Wilson-Tow.Agr] 1 /7(' ) ;. '--1/ 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 liable for any such charge. 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, county 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 to comply with the provisions of this resolution shall be located DAB/j [Wilson-Tow.Agr] 2 l!i - " 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 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. 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. 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. 5. This Agreement may be terminated by the City upon thirty (30) days written notice providing the right to a DAB/j [Wilson-Tow.Agr] 3 DAB/j 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 pretermination hearing before the Police Commission. 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 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 S14607 of the California Vehicle Code, 100% of the net proceeds of the sale of the vehicle shall be remitted to the City. 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. Towing Carrier shall charge and remit to City on a monthly basis a $25.00 per vehicle towed franchise fee. Such fee shall not be charged for those individuals who have had their [Wilson-Tow.Agr] 4 "If- 1 vehicles towed, stored or impounded as a result of being a victim 2 of a crime (car theft, etc) or those vehicles belonging to any 3 public agency. 4 14. Towing Carrier shall also comply with the minimal 5 standards set forth in the California Highway Patrol tow service 6 agreement as such agreement shall be amended from time to time. 7 Where provisions of this Agreement and the CHP tow service 8 agreement shall be found to be in conflict, the provisions of this 9 Agreement shall prevail. 10 15. Any notice to be given pursuant to this Agreement by 11 ei ther party to the other shall be deposited with the United 12 states Postal Service, postage prepaid, and addressed as follows: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 To the City: City Administrator 300 North "D" Street San Bernardino, CA 92418 To Towing Carrier: Al Wilson Services, Inc. 2310 E. 3rd San Bernardino, CA Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. / / / / / / / / / / / / / / / / / / / / / / / / / / / DAB/j [Wilson-Tow.Agr} 5 (I' 1 IN WITNESS WHEREOF, the parties hereto have executed this 2 Agreement on the day and date first above shown. 3 CITY OF SAN BERNARDINO 4 5 6 7 8 9 10 11 12 13 14 By: Attest: By: 0.<'-'zJ.. Cf.. ~ -rYe...- Approved as to Form and Legal Content: JAMES F. PENMAN, City Attorney 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DAB/j [Wilson-Tow.Agr) B~~ Mayor Tom ~linor AL WILSON TOWING "Towing Carrier" By: llQ~ \3 6 f'I,J~ ',. ..,' ''-/ LOMA'LINDA'TOWING ,1/:, 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 AGREEMENT FOR TOW SERVICES THIS AGREEMENT FOR TOW SERVICES entered into this ()1 JI.. day of (!/~ by and between the City of San Bernardino ("City") and Loma Linda Towing ("Towing Carrier"). The parties hereto agree as follows: 1. Towing Carrier hereby agrees to provide tow services to the City of San Bernardino pursuant to the terms and conditions contained in this Agreement. 2. Towing Carrier shall: A. Have a minimum storage space for 200 vehicles with a minimum of twelve inside spaces; outside storage lots must be adequately lighted. B. Have an attendant on call twenty-four (24) hours a day, seven days a week at place of business. C. Have no more than two telephone numbers listed with any City department. D. Store towed vehicles in a safe and protected space where the vehicles and their contents will not be accessible to thieves nor be damaged by activity in the carrier establishment or from the elements or by vandals; no vehicles shall be left parked or stored on the public streets at anytime; in no event shall the city be liable for any theft, vandalism or damage occurring to any such vehicle or is contents. E. Post a tag on the windshield on all cars ordered impounded by a City department. F. Collect all towing or hauling and storage charges on each vehicle from the owner; in no event shall the city be DAB/j [Loma-Tow.Agr] 1 '1< <"" DAB/j 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 liable for any such charge. 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, county 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 to comply with the provisions of this resolution shall be located [Loma-Tow.Agr] 2 A- '/ / 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 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. 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. 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. 5. This Agreement may be terminated by the City upon thirty (30) days written notice providing the right to a DAB/j [Loma-Tow.Agr] 3 , . OIlB/j 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 pretermination hearing before the Police Commission. 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 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 S14607 of the California Vehicle Code, 100% of the net proceeds of the sale of the vehicle shall be remitted to the City. 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. Towing Carrier shall charge and remit to City on a monthly basis a $25.00 per vehicle towed franchise fee. Such fee shall not be charged for those individuals who have had their 4 [Loma-Tow.AgrJ 7 1 vehicles towed, stored or impounded as a result of being a victim 2 of a crime (car theft, etc) or those vehicles belonging to any 3 public agency. 4 14. Towing Carrier shall also comply with the minimal 5 standards set forth in the California Highway Patrol tow service 6 agreement as such agreement shall be amended from time to time. 7 Where provisions of this Agreement and the CHP tow service 8 agreement shall be found to be in conflict, the provisions of this 9 Agreement shall prevail. 10 15. Any notice to be given pursuant to this Agreement by 11 ei ther party to the other shall be deposited with the United 12 states Postal Service, postage prepaid, and addressed as follows: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 To the City: City Administrator 300 North "D" Street San Bernardino, CA 92418 To Towing Carrier: Lorna Linda Towing 1915 S. Tippecanoe Ave. San Bernardino, CA Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. / / / / / / / / / / / / / / / / / / / / / / / / / / / DAB/j [Loma-Tow.Agr] 5 ~- 1 2 3 4 5 6 7 8 9 10 11 , ' IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. CITY OF SAN BERNARDINO .-----;- 0J' By:' /&m.- 'I~ Mayor Tom Minor Attest: LOMA LINDA TOWING "Towing Carrier" By: C(<.-G/v.[ CL.u<Jc -/~ j BY< Approved as to Form and Legal Content: 12 JAMES F. PENMAN, City Attorney 13 14 By: 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DAB/j [Loma-Tow.Agr] 6