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Home My WebLink About26-Police Department OTY OF SAN BERNARDINO - REQUEST FOR COUNOL ACTION From: Garrett W. Zimmon, Chief of Police Subject: Resolution of the Mayor and Common Council of the Gty of San Bernardino authorizing the Gty of San Bernardino to enter into an agreement for tow services with Big 'Z' Auto Works, IncOlporated; GtyTowing; Danny's Towing; Hayes Towing; Tri GtyTowing; and Wilson Towing LLC M/CCMeeting Date: U/19/2005 Dept: Police Department Date: November 7,2005 Synopsis of Previous Council Action Resolution 2005-286, ratified August 15,2005 - contracts prepared in accordance with said resolution. Recommended Motion: Adopt resolution. VJJ1L~~ lJ-ptllc0- MIOiAEL BILLDT, ASSISTANT CHIEF OF POLICE Contact person: Captain Jeff Breiten Phone: 384-5608 Supporting data attached: Yes Ward: All FUNDING REQUIREMENTS:. Amount: none Source: Finance Council Notes: Agenda Item No.~ J;l..)I" JDS- CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT Resolutions of the Mayor and Common Council of the City of San Bernardino authorizing the City of San Bernardino to enter into an agreement for tow services with Big '2' Auto Works, Incorporated: City Towing: Danny's Towing; Hayes Towing; Tri City Towing; and Wilson Towing LLC. BACKGROUND For many years the City of San Bernardino has contracted with private towing carriers to provide tow services for the City under the terms and conditions of an Agreementfor Tow Services. City departments utilize private towing carriers on a "per call rotation" to remove vehicles from public and private property. pursuant to vehicle removal sections of the California Vehicle Code and the San Bernardino Municipal Code. In 2001 and 2002, the City took steps to revise and upgrade its criteria for selecting towing carriers for its tow rotation. The process was revised in 2005. Ultimately, the Police Ad Hoc Committee recommended revisions contained in Resolution #2005-86 that was adopted by the Mayor and Common Council on August 15, 2005. Resolution #2005-286, which repealed Resolution #99-86, revised and upgraded the standard criteria for towing carriers to provide tow services for the City. Current towing carriers on the rotation were grand fathered under the old criteria contained in Resolution #99-86. New tow carriers who join the rotation after the effective date of Resolution #2005-286 must follow new and, in some cases, more stringent criteria. Pursuant to Resolution #2005-286, an Agreement for Tow Services has been prepared for each of the six current private towing carriers utilized by the City. The towing carriers are Big 'Z' Auto Works, Incorporated: City Towing; Danny's Towing: Hayes Towing; Tri-City Towing; and Wilson Towing LLC. all of San Bernardino. CA. FINANCIAL IMPACT No cost to the City. RECOMMENDA nON ,.\dopt Resolutions. Attachments: A - Big .[ Auto Works agreement for tow services B - City Towing agreement for to\\' services C - Danny's Towing agreement for tow services D - Hayes Towing agreement for tow services E - Tri City Towing agreement for tow services F - Wilson Towing LLC agreement for tow services 1 I RESOLUTION NO. 211 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 3 BERNARDINO AUTHORIZING THE CITY OF SAN BER1~ARDlNO TO ENTER INTO AN AGREEMENT FOR TOW SERVICES WITH BIG 'Z' AUTO WORKS ,1 INCORPOPRATED, CONSISTENT WITH RESOLUTION 2005-286. ,- a BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION I. The Mayor and Common Council of the City of San Bernardino 9 authorize the Mayor to execute on behalf of said City, an Agreement for Tow Services with Big 10 'Z' Auto Works, Incorporated. A copy of said agreement is attached hercto marked Exhibit' A' 11 I and incorporatcd herein by reference as though fully set forth at length. 121 SECTION 2, The authorization to execute the above referenced amendment is 13 rescinded ifnot issued with sixty (60) days ofthc passage of this resolution. HI 15 I //1 16 III I 171 11/ 181 /11 19 III 20 III 21 221 III 23 III 241 25 . 26 27 /u-:.J&A I 28 I 1~119105 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY OF SAN BERNARDINO TO ENTER 2 INTO AN AGREEMENT FOR TOW SERVICES WITH BIG 'Z' AUTO WORKS INCORPOPRATED, CONSISTENT WITH RESOLUTION 2005-286. 1 3 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 meeting 6 7 thereof. held on the day of 8 Council Members: AYES 9 ESTRADA 10 LONGVILLE 11 MCGINNIS 12 DERRY 13 KELLY 14 15 JOHNSON 16 MCCAMMACK 17 18 ,2005, by the following vote, to wit: NAYS ABSTAIN ABSENT Rachel G. Clark, CITY CLERK 19 20 21 , 221 The foregoing resolution is hereby approved this _ day of ,2005. Judith Valles, Mayor City of San Bernardino " f ATTACHMENT 'A' I AGREEMENT FOR TOW SERVICES 2 (EXISTING TOWING CARRIERS) 3 THIS AGREEMENT FOR TOW SERVICES entered into this I" day of December 2005, 4 by and between the CITY OF SAN BERNARDINO ("City") and BIG Z AUTO WORKS, INC. 5 ("Towing Carrier") shall become effective December I, 2005. 6 The parties hereto agree as follows: 7 Towing Carrier hereby agrees to provide tow services to the City of San Bernardino 8 pursuant to terms and conditions contained in this Agreement. 9 I. Towing Carrier shall meet the following minimum requirements: lOA. Have a minimum storage space for 200 vehicles with a minimum of twelve II inside spaces; outside storage lots must be adequately lighted; 12 B. Have an attendant on call twenty-four (24) hours a day, seven days a week 13 at place of business; 14 C. Have no more than two telephone numbers listed with any City department; IS D. Store towed vehicles in a safe and protected space where the vehicles and 16 their contents will not be accessible to thieves nor be damaged by activity in the Towing Carrier's 17 establishment or from the elements or by vandals; no vehicles shall be left parked or stored on the 18 public streets at anytime; in no event shall the city be liable for any theft, vandalism or damage 19 occurring to any such vehicle or its contents; 20 E. Post a tag on the windshield on all cars ordered impounded by the City; 21 F. Collect all towing or hauling and storage charges on each vehicle from the 22 owner; in no event shall the city be liable for any such charge; 23 G. Whenever a vehicle has been involved in an accident or a traffic violation, 24 and the owner or someone delegated by him is present and is capable of removing the vehicle from 25 the street with reasonable dispatch, and the vehicle is not needed for criminal evidence, City 26 and! or Towing Carrier shall permit the owner or his delegate to remove the vehicle or call a 27 Towing Carrier of his or her own choice to remove the same; provided, however, that if the street 28 cannot be cleared for safe public use with reasonable dispatch by the above method, and in all RLS/Js [Towing\Big Z Auto Works.Agreement) November 1, 2005 I situations other than above set forth, a Towing Carrier from the top of the rotation list will be 2 called by the City; 3 H. Furnish each owner with a fully itemized billing; 4 I. Immediately after each towing operation, make a towing slip with the 5 contents of each vehicle placed in his or her care itemized thereon as verified by the officer 6 ordering the same and make the slip available to the City on request; 7 J. Release no impounded vehicle without first having obtained a release from 8 the City to do so; 9 K. Agree to a rotation system established by the City; 10 L. Comply with all rules, regulations and laws of the State of California, II County of San Bernardino and City of San Bernardino; 12 M. Have adequate equipment to handle calls from the City, impounds, and 13 storage of motor vehicles; 14 N. The carrier shall operate from a location within the City of San Bernardino, IS and all of the facilities necessary to comply with the provisions of this resolution shall be located 16 within the City of San Bernardino; 17 O. Carry a broom, trash can and sand, clean and remove broken glass, spilled 18 oil, or gasoline from the area before departing, unless directed not to do so by police officers 19 and/or designated City employees at the scene; 20 P. Each Towing Carrier shall maintain insurance pursuant to the requirements 21 set forth below. The City of San Bernardino shall be named as an additional insured on all 22 policies including the workers compensation policies. Towing Carriers shall provide an 23 endorsement to each policy showing the City as an additional insured: 24 I) The Towing Carrier shall maintain the following minimum levels of 25 insurance from an insurance carrier admitted in California, or 26 admitted in the state in which the Towing Carrier business IS 27 located, and is authorized to do business in California: 28 a) Minimum Level of Financial Responsibility (as required by RLS/js [Towing\Big Z Auto Works.Agreement] 2 November I, 2005 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 Q. 21 22 23 24 25 26 27 28 Section 34631.5 of the California Vehicle Code) - Bodily injury and property damage with a combined single limit of not less than $750,000 for Class A tow trucks. These minimum standards are to include non-owned and hired auto coverage; b) Uninsured Motorist - Legal minimUm, combined single limit; c) On-Hook Coverage/Cargo - Insuring the vehicle in tow with limits based on the size of the tow truck; and, d) Garage Liability/Garage Keeper's liability - Includes premises and operations. Coverage for bodily injury and property damage with a combined single limit of not less than $500,000; 2) Proof of insurance shall be in the form of a certificate of insurance. Policy expiration or cancellation will immediately nullify the Agreement for Tow Services between the Towing Carrier and the City. The Towing Carrier's insurance policy shall provide for not less than 30 days written notice to the City in the event the insurance policy is canceled or is due to expire; and, Tow vehicles shall be rated at a minimum of 14000 GVWR. (Class A) 1) Tow Truck and Car Carrier Classifications: Tow truck and car carrier classifications are based on the truck chassis Gross Vehicle Weight Rating (GVWR) and the classification system used by the American Trucking Association (AT A) and truck manufacturers; 2) Towing Limitations; a) The total weight of the truck, including the lifted load, shall fall within the GVWR and not exceed either the Front Axle Weight Ratings (FAWR) or Rear Axle Weight Ratings 3 November I, 2005 RLS/js (Towing\Big Z Auto Works.Agreement] I 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 3) (RAWR); b) All tow trucks and car carriers shall be equipped and in compliance with the most recent electronic version of the California Highway Patrol Tow Truck Inspection Guide (CHP 234B); and, c) The truck must meet all applicable state and/or federal standards; Identification Labels: Each piece of towing equipment shall have a label or identification tag permanently affixed to the equipment in a prominent location to identify the manufacturer, serial number, model, and rated capacity; Recovery Equipment Rating: The basic performance rating of the recovery equipment is the weight the equipment can lift in a winching mode, when the boom is static at a 30 degree elevation with the load lines vertical and the lifting cables sharing the load equally, measured with a live load (weight or load cell); a) The structural design of the recovery equipment must have a higher load capacity than the performance ratings; b) Winches shall conform to or exceed the specifications set forth by the Recovery Equipment Rating (SAE) Handbook, SAE J706; and, c) All ratings for cable and chain assemblies are for the undamaged assembly condition. All cable and chain assemblies should be the same type, construction, and rating as specified by the original equipment manufacturer (OEM) for the equipment; Control/Safety Labels: All controls shall be clearly marked to indicate proper operation, as well as any special warnings or 4) 5) 4 November 1, 2005 RLS/js [Towing\Big Z Auto Works,Agreement1 cautions; 2 6) Uniforms: City rotation tow drivers shall wear an identifiable 3 uniform shirt displaying the Towing Carrier and driver's names 4 while engaged in City rotation tow operations; and, 5 7) Safety Vests: City rotation tow drivers shall wear a safety vest or 6 reflectorizing clothing, meeting Occupational Safety and Health 7 Administration (OSHA) requirements. 8 Towing Carrier is not exempt from meeting legal requirements imposed by any city, 9 county, State or Federal laws or regulations. An example of this is the Clean Water Act. 10 Per Call Rotation System 11 2. The City shall establish a per call rotation system of qualified Towing Carriers who 12 have entered into Agreements with the City for the performance of towing services in response 13 to calls from the City. All departments of the City shall comply with the rotation system. 14 3. Towing Carrier shall comply with and qualify under all the minimum requirements 15 set forth in this Agreement as a condition precedent to being eligible to be placed on the rotation 16 list: 17 A. 18 19 20 21 22 23 24 25 26 27 28 The City shall maintain a rotation tow list for Class A tow trucks to ensure an equitable distribution of calls. Nothing in this Agreement for Tow Services shall prohibit the City from requesting a specific Towing Carrier when, in the on scene supervisor's opinion, the necessary resources to clear a hazard as expeditiously as possible are not available from the Towing Carrier currently at the top of the rotation tow list. If the City needs a tow vehicle that exceeds that of a Class A tow truck, the City may, in its discretion, contact a Towing Carrier with the size of tow truck needed. In such an instance, the Towing Carrier selected would be the next Towing Carrier on the list which has the qualifications (equipment, skills, timelines, etc.) to provide the required service. After the request, the selected Towing Carrier would then go to the bottom of the rotation tow list. Towing RLS/js [Towing\Big Z Auto Works.Agreement] 5 November 1, 2005 2 3 B. 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Carriers on the same list that were by-passed would remain in the same order until their selection for a rotation tow for which they are qualified; A call to a Towing Carrier shall constitute one turn on the list and the Towing Carrier shall be moved to the bottom of the list. This includes when the Towing Carrier fails to answer the phone, is unable to respond, is unable to perform the required service, refuses to respond or provide service, or is canceled due to excessive response time. If it is determined that the Towing Carrier is not needed and is canceled by the City, up to and including arrival at the scene and standby time which does not result in a tow, there shall be no charges and the Towing Carrier will be placed back at the top of the list; 1) If the Towing Carrier is canceled by the vehicle's registered owner or agent prior to the towing carrier taking possession of the vehicle, there shall be no charges for towing. The Towing Carrier shall immediately contact the City and advise them of the cancellation. The Towing Carrier will then be placed back at the top of the list; and, 2) If service, other than towing, recovery, and load salvage, has begun and is canceled by the vehicle's registered owner or agent, the Towing Carrier may charge one-half of the regular hourly service charge for the time expended on the call. For purposes of cancellation, service begins when physical work on the vehicle has begun, not the response. No lien shall arise for the service unless the Towing Carrier has presented a written statement to the vehicle's registered owner or agent for the signed authorization of services to be performed. The Towing Carrier shall not attempt to take possession of the vehicle in order to establish a lien for any non-towing servIces performed, or begun and subsequently 6 November 1, 2005 RLS/js (Towing\Big Z Auto Works.Agreement] canceled, when not entitled to such lien by law; 2 C. If two or more Towing Carriers are called to the same incident, distribution 3 of the vehicles shall be at the discretion of the on-scene supervisor; 4 D. Towing Carriers shall have a minimum of three (3) verifiable years offor- 5 hire towing experience, as an owner or principal, prior to the final filing 6 date of an enrollment period in order to qualify for a rotation tow listing; 7 I) Towing Carriers and owners who do not meet the three year 8 verifiable for-hire towing experience may be considered for a 9 position on the City rotation tow list if a full-time manager who 10 possesses the required tow management experience is employed by II the Towing Carrier. An owner/Towing Carrier who releases 12 vehicles, completes lien sale paperwork, and other tow business 13 related documents for three years in the Towing Carrier, with the 14 qualified manager, will fulfill the three years for-hire towing IS experience requirement; and, 16 4. Towing Carrier shall give or cause to be given written notice to the registered and 17 legal owners of each vehicle which is towed in conformity with the authorization and requirements 18 of this Agreement concerning the fact of such towing, the place at which such vehicle is stored and 19 the imposition of charges for towing, storage and related services whenever the Towing Carrier 20 knows or is able to ascertain from the registration records in the vehicle or from the registration 21 records of the Department of Motor Vehicles the name and address of the registered and legal 22 owners. The notice shall be given not more than ten (10) days from the date of the towing of the 23 vehicle by the Towing Carrier. 24 5. Every tow truck which is subject to the provisions of this Agreement and which by 25 Agreement responds to calls for service by the City, shall be clearly marked on both sides of the 26 cab with the name and telephone number of the Towing Carrier which operates the truck. 27 6. City shall enter into Agreements with Towing Carriers not to exceed one Towing 28 Carrier per 35,000 residents of the City. RLS/js [Towing\Big Z Aulo Works.Agreement] 7 November 1, 2005 1 7. This Agreement may be canceled by either party, without prejudice, upon thirty 2 (30) days written notice to the other party. 3 8. Each month, Towing Carrier shall submit a list of all vehicles towed the previous 4 month, including license plate numbers and vehicle identification numbers. 5 9. Towing Carrier shall charge for services on calls by the City in an amount not to 6 exceed ten dollars ($10) above the hourly rate set by the California Highway Patrol: 7 A. The rate for towing shall be computed from portal to portal. Time 8 expended shall be charged at a rate not to exceed the hourly rate. Time 9 expended in excess of the minimums shall also be at the hourly rate in no 10 more than one-minute increments. There shall be no additional charges for 11 mileage, labor, etc; 12 1) The Towing Carrier may charge up to a thirty-minute minimum per 13 call for any service or tow which is performed when the vehicle 14 operator or agent is present and the vehicle is not stored at the 15 discretion of an officer; and, 16 2) The Towing Carrier may charge up to a one-hour minimum per call 17 on responses which result in storage of a vehicle at the direction of 18 an officer; 19 B. Rates for a service call (out of gas, lockouts, tire changes, etc.) shall be 20 from portal to end of service, and may be at the hourly rate with a thirty- 21 minute minimum. Charges in excess of thirty-minutes may be charged in 22 no more than one-minute increments; and, 23 C. The charge for after-hours release shall be no more than one-half the hourly 24 rate, and shall only be allowed on weekends, holidays, and outside normal 25 .business hours. 26 10. Standby time for tow trucks will begin one (1) hour after receipt of calls from the 27 City, and is defined to mean the time consumed after the first hour in necessary preparations in 28 order to tow the disabled vehicle and in cleaning up the immediate surrounding area. RLS/js [Tuwing\Big Z Auto Works,Agreement] 8 November 1, 200S 2 Towing Carrier shall charge for services for storage at the rates set by the California Highway Patrol for this area; I) Fees for inside storage shall be charged only when inside storage is requested by the City, registered owner, legal owner, insurance company, or when the inside storage can otherwise be justified by the Towing Carrier; 2) The Towing Carrier shall display in plain view at all cashiers stations, a sign as described in Section 3070 of the Civil Code, disclosing all storage fees and charges in force, including the maximum storage rate; 3) Vehicles stored 24 hours or less shall be charged no more than one day storage; and, 4) Storage of vehicles in combination may be charged a per vehicle rate except for dollies, con-gear, etc., Dollies and con-gear may be charged a storage rate not to exceed Class A storage fees; The approved schedule of rates charged by the Towing Carrier shall be available in the tow truck, and shall be presented upon demand to the persons for whom the tow services were provided, their agent, or any officer at the scene; C. Rate requirements represent the maximum a Towing Carrier may charge on a City call. A Towing Carrier is not precluded from charging less when deemed appropriate by the Towing Carrier. These requirements shall not be construed as requiring a charge if a Towing Carrier would not normally charge for such service; and, D. Towing Carrier or employee shall not refer to any rate as required or set by the City. 12. In the event that a towed vehicle is forfeited by the owner in accordance with Section 14607.6 of the California Vehicle Code, the proceeds of the sale of the vehicle shall be 11. A. 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 B. RLS/js [Towing\Big Z Auto Works.Agreemenl] 9 November I, 2005 1 distributed pursuant to said section of said Code. 2 13. Towing Carrier shall be charged a franchise fee. No later than January 20 of each 3 year, the police department shall determine the average monthly franchise fees based on a cost 4 analysis and the average number of tows in the prior fiscal year. The Towing Carrier list will pay 5 an equal share of the franchise fees on a monthly basis. This franchise fee shall be paid from the 6 Towing Carrier profits and shall not be passed on to the vehicle owners. Should the total number 7 of Towing Carriers on the rotation list change, the franchise fee will be adjusted accordingly 8 among the Towing Carriers. Ten days notice shall be given to the participating Towing Carrier 9 of any change in the amount to be paid to the City. 10 14. The Administrative fee set by Resolution of the Common Council will be collected II by the San Bernardino Police Department. 12 IS. A. The Towing Carrier shall ensure that tow truck drivers responding to calls 13 initiated by the City are qualified and competent employees of the Towing 14 Carrier's company. The Towing Carrier shall ensure that the tow truck IS drivers are trained and proficient in the use of the tow truck and related 16 equipment, including, but not limited to, the procedures necessary for the 17 safe towing and/or recovery of the various types of vehicles serviced 18 through City rotation. Tow drivers shall perform all towing and recovery 19 operations in the safest and most expedient manner possible. Tow truck 20 drivers shall be at least 18 years of age and shall possess the proper class 21 license and endorsements for the towed and towing vehicle; 22 B. The Towing Carrier shall maintain a current list of drivers; and, 23 C. All tow truck drivers and owner/Towing Carriers shall be enrolled in the 24 Pull Notice Program; 25 1) Upon the addition of new drivers, a Towing Carrier will be granted 26 a maximum of 30 days to enroll drivers in the Pull Notice Program; 27 2) Pull Notices shall be kept on file, signed, and dated by the Towing 28 Carrier; and, RLS/js [Towing\Big Z Aulo Works, Agreement) 10 November 1, 2005 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 16. A. 3) The City may require a Towing Carrier to provide copies of Pull Notice Reports to the City. The Towing Carrier shall respond to calls 24 hours a day, seven days a week. Between 6:00 a.m. and 6:00 p.m., the response time shall be no more than twenty (20) minutes. Between 6:00 p.m. and 6:00 a.m. the response shall be no more than thirty (30) minutes. The Towing Carrier shall respond with a tow truck of the class required to tow the vehicle specified by the City. The Towing Carrier shall advise City dispatch, at the time of notification, if they are either unable to respond or unable to meet the maximum response time. If, after accepting the call, the Towing Carrier is unable to respond or will be delayed in responding, the Towing Carrier shall immediately notify the appropriate City department. The Towing Carrier shall not assign any calls to other Towing Carriers; I) A failure to respond to perform the required towing or service and/or repeated failures to meet the maximum response time requirements shall constitute a failure to comply with the terms and conditions ofthis Resolution and the Agreement for Tow Services; 2) The City may take immediate disciplinary action for any violation of the requirement to respond within the maximum response time; and, 3) When a Towing Carrier will be temporarily unavailable to provide services due to a pre-planned or scheduled activity, the Towing Carrier shall notify the City at least 24 hours prior to the date that services will be unavailable, noting the times and dates of the unavailability; The Towing Carrier, or Towing Carrier's employees responding to a call, shall perform the towing or service required for which they were called unless the requested equipment is inadequate for the service to be B. II November I, 2005 RLS/js {Towing\Big Z Auto Works.Agreement] 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17. c. performed; and, Only the tow truck personnel and equipment requested shall respond to a City call. A Towing Carrier shall not respond to a City call assigned to another Towing Carrier unless requested to do so by the City; 1) This shall not preclude the Towing Carrier from responding to an incident to ascertain if additional assistance or equipment is required. There shall be no additional charge for any personnel or equipment that is not necessary to perform the required service; 2) There may be times when the Towing Carrier assigned the initial call may require the assistance of an additional Towing Carrier at the scene. The Towing Carrier assigned the initial call may, subject to prior Agreement with the City and with the concurrence of the on scene supervisor, request a specific Towing Carrier for assistance. The request shall be routed to the additional Towing Carrier through the City; and, 3) There may be times when a Towing Carrier, who was not called to a scene, comes upon a collision scene where a vehicle or vehicles are blocking a roadway and an officer requests assistance in clearing the roadway. In such a case, the Towing Carrier may be requested to move the vehicle to a safe location, as directed by the officer, and leave it. There shall be no charge for this assistance and the assistance provided shall not change the Towing Carrier's place in the rotation. The Towing Carrier shall be responsible for the security of vehicles and property at the place of storage. At a minimum, a fenced or enclosed area shall be provided. The Towing Carrier is responsible for the reasonable care, custody, and control of any property contained in towed or stored vehicles; A. 12 November I, 2005 RLS/js {Towing\Big Z Aulo Works.Agreement} B. 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 c. The Towing Carrier shall obtain approval from the City prior to the removal of any property from a stored or impounded vehicle and shall provide a receipt, with a copy placed in the stored vehicle. The requirement to obtain approval from the City prior to the removal of property may be excused by the City if it is determined that proper safeguards and procedures are utilized by the Towing Carrier; 1) This requirement may not be waived in cases where a vehicle has been impounded for evidence or investigation; 2) Upon approval from the City, the Towing Carrier shall release personal property from an impounded vehicle at the request of the vehicle registered owner or agent; a) There shall be no charge for the release of personal property during normal business hours. Towing Carrier may charge an after hours release fee for property released after normal business hours, consistent with the after-hours vehicle release provisions; and, b) Personal property is considered to be items which are not affixed to the vehicle. Personal property from a stored vehicle shall be released upon request of the vehicle registered owner or agent. Responses are mandatory on weekends, holidays, and outside normal business hours, provided the vehicle's current registered owner or owner's authorized agent are available for return of personal property. Payment for an after-hour release of property may be required at the time of the release; and, 3) Cargo shall be released upon demand of the carrier or pursuant to a court order; The primary storage facility shall normally be at the same location as the 13 November] , 2005 RLS/js [Towing\Big Z Auto Works.Agreement] 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ ~~ 23 24 25 26 27 28 business address. If not at the same location, there shall be no charge for any additional distance traveled to and from a secondary location. The vehicle and/or personal property shall be released at the primary storage facility or place of business upon request of the registered owner or a person having a legal entitlement to the vehicle and/or property. 1) Prior to the utilization of new storage facilities that were not listed on the application for rotation tow listing, the Towing Carrier shall furnish the address and obtain the City's approval; and, Secondary storage facilities shall be located reasonably close to the 2) main business office; D. All storage facilities shall meet all legal requirements for such facility; Towing Carrier's place of business shall have a sign that clearly identifies 3) E. it to the public as a towing service. The sign shall have letters that are clearly visible to the public from the street. The sign shall be visible at night; For the purpose of this Agreement for Tow Services, "normal business hours" shall not be less than 8 a.m. to 5 p.m., Monday through Friday, except for the following recognized holidays: New Year's Day, Martin Luther King Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, day after Thanksgiving Day, and Christmas Day; Business hours shall be posted in plain view to the public. Offices staffed with only one employee may be closed for one hour at lunch. A sign shall be posted with the reason for closure. The sign shall have a phone number where a request will result in an immediate response to release property or vehicles. Response to the office shall be within the time frame required for F. tow response; 14 November 1, 2005 RLS/js [Towing\Big Z Auto Works. Agreement] 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 G. Employees shall be properly trained to conduct business transactions related to towing, storage, and release of vehicles/property; and, The City shall ensure that proper provisions are in place for the release of all impounded vehicles. Towing Carrier shall respond for after-hours release of vehicles when requested by the current registered owner or owner's authorized agent. The Towing Carrier shall accept all guaranteed forms of payment including, without limitation, money orders, certified checks, debit cards and all widely accepted credit cards. There shall be no surcharge for the use of a credit card. If the form of payment cannot be accepted by the Towing Carrier due to any failure by the Towing Carrier or Towing Carrier's payment processing equipment, Towing Carrier shall not charge storage fees beyond date of such failure. The Towing Carrier shall post in its office a list of rights of the owner of the vehicle under this Agreement for Tow Services. The rights are set forth on Exhibit E to this Resolution. A stored vehicle shall be released to the registered owner upon presentation of the registration and valid proof of identification and payment of all towing and storage charges. If the registration is not immediately available, the Towing Carrier shall obtain the registered owner's information from DMV records as soon as possible. If the Towing Carrier does not release the vehicle as required by this subsection, storage charges shall cease on the date of presentation of the documentation and payment of the accrued charges. An impounded vehicle shall be released to the person named in the Tow Release Form issued by the San Bernardino Police Department upon payment of towing and storage charges and presenting valid proof of identification. If the Towing Carrier does not release the vehicle as H. I. J. K. L. 15 November I, 2005 RLS/js [Towing\Big Z Auto Works.Agreement] 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18. 19. A. required by the subsection, storage charges shall cease on the date of presentation of the documentation and payment of the accrued charges. The Towing Carrier shall maintain records of all tow services furnished. The records will be maintained at the Towing Carrier's place of business. Invoices shall at a minimum include a description of each vehicle, nature of service, start time, end time, location of call, itemized costs of towing and storage, the tow truck driver's name, and truck used; At the Towing Carrier's primary office, the Towing Carrier shall also maintain business records relating to personnel, insurance, personnel taxes, payroll, applicable operating authorities, local operating authorities, lien sale actions, Federal Communication Commission licensing, and non-City tows; The City may inspect all Towing Carrier records without notice during normal business hours; Towing Carrier shall permit the City to make copies of business records at its place of business, or to remove business records for the purpose of reproduction. The City shall provide a receipt for any (original) records removed from the place of business; Records shall be maintained and available for inspection for a period of two years plus the current term of this Agreement for Tow Services; and, Failure of the Towing Carrier to comply with the inspection requirements shall be cause for suspension. No Towing Carrier or applicant shall be directly involved in the towing- related business of any other Towing Carrier or applicant on the City's tow rotation; Storage facilities owned by a Towing Carrier, and shared with another Towing Carrier, shall only be approved if the owner/Towing Carrier charges for the space exclusively on a flat monthly rate rather than a B. c. D. E. F. A. B. 16 November 1. 2005 RLS/js [Towing\Big Z Auto Works.Agreemcnt] 2 3 C. 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vehic1e-by-vehic1e basis, or combination thereof. Facilities shared by Towing Carriers shall be physically separated and secured from each other; The sale or transfer of the controlling interest in a Towing Carrier shall immediately terminate this Agreement for Tow Services subject to the notice of change of ownership provision set forth below in this subsection. A sale or transfer of the controlling interest in a Towing Carrier is defined in Municipal Code Section 5.04.026 as follows; A. Any business registration certificate or any permit issued or granted pursuant to this title is a privilege to be held by the original permittee or certificate holder thereof. It cannot be sold, transferred, assigned or disposed of, in whole or in part, or by voluntary sale, merger, consolidation or otherwise. B. In the event a permittee or certificate holder is a corporation, a new permit or certificate shall be required when there is an actual change in control or when ownership of more than fifty (50%) of the voting stock of the permittee or certificate holder is acquired by a person or group of persons acting in concert, none of whom already own fifty percent (50%) or more of the voting stock, singly or collectively. C. In the event a permittee or certificate holder is a partnership, a new permit or certificate shall be required when there is an actual change in control or when ownership of fifty percent (50%) or more of the capital or profits of the permittee or certificate holder is acquired by a person or group of persons acting in concert, none of whom already own fifty percent (50%) or more of such capital or profits, singly or collectively. A new owner may apply for a rotation tow listing at any time during the remainder of the current Agreement for Tow Services term. However, the open positions on the City's tow rotation will also be opened for applications from other qualified Towing Carriers. Termination for this reason is exempt from the 30 day notice of ~ancellation 17 November I. 200S RLS/js [Towing\Big Z Auto Works.Agreement] 1 set forth in other provisions of this Resolution. Also refer to requirements 2 in Resolution No. 2005-286 required of new tow services Towing Carriers 3 who wish to apply to the City's tow rotation. The City through its Police 4 Department, shall be notified no later than seven (7) days after a change of 5 ownership in a Towing Carrier on its tow service rotation. Notice shall be 6 given to the Traffic Sergeant at the Police Department. If the City is not so 7 notified within the seven day period, the termination takes effect 8 immediately at the end of the seven day period. If the City is notified of the 9 change of ownership within the seven day period, the Agreement for Tow 10 Services may be assigned or transferred to the new owner. This assignment 11 or transfer shall be on an interim basis until the selection process of the 12 replacement Towing Carrieres) takes place. In no event, shall assignment 13 or transfer exceed 60 days. The Towing Carrier under new ownership must 14 meet the minimum qualifications in Resolution No. 2005-286 to be placed 15 on the City's tow rotation; and, 16 D. A terminated or suspended Towing Carrier, and/or the Towing Carrier 17 business owner at the time of the suspension or termination, shall not be 18 eligible for a rotation listing for the duration of the suspension or 19 termination. This provision applies to the Towing Carrier working in any 20 capacity within any tow business or operating any tow business, and to the 21 tow business, even if operated under new ownership. This provision does 22 not apply to Section 19(C) regarding termination due to a change in 23 ownership. 24 20. The City shall conduct, at a minimum, one annual meeting to discuss issues 25 concerning the tow rotation. All meetings shall be mandatory for the Towing Carrier or Towing 26 Carrier's designee wishing to remain on rotation. The City shall give the Towing Carrier 30 days 27 written notice of these meetings. 28 21. A. While involved in City rotation tow operations or related business, the RLS/js [Towing\Big Z Auto Works.Agreement} 18 November I, 2005 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 22. B. Towing Carrier and/or employees shall refrain from any acts of misconduct including, but not limited to, any of the following: I) Rude or discourteous behavior; 2) Lack of service, selective service, or refusal to provide service which the Towing Carrier is/should be capable of performing; 3) Any act of sexual harassment or sexual impropriety; 4) Unsafe driving practices; 5) Exhibiting any objective symptoms of alcohol and/or drug use; or, 6) Appearing at the scene of a City rotation tow call with the odor of an alcoholic beverage emitting from the Towing Carrier's employee's breath. The Towing Carrier/tow truck driver shall submit to a preliminary alcohol screening test upon demand of the City; All City related tow service complaints received by the City against a Towing Carrier or Towing Carrier employees will be accepted and investigated in a fair and impartial manner. The Towing Carrier will be notified of the results of any investigation; and, Should the filing of criminal charges be a possibility, the City will conduct the investigation to conclusion or assist the lead investigation agency and, if warranted, request prosecution. The Towing Carrier and employees shall, at all times, comply with federal, state, and local laws and ordinances; 1) In the event of a minor traffic violation by a tow truck driver which is known by the City, the Towing Carrier shall be advised of the violation by the City. The Towing Carrier will be granted the opportunity to take necessary steps to ensure that the driver complies with the law. Any subsequent traffic violations may be cause for disciplinary action against the Towing Carrier and/or the c. A. 19 November I. 2005 RLSfJS [Towing\Big Z Aulo Works.Agreement} 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 B. c. 23. D. involved employees; and, 2) Any flagrant traffic violation may be cause for immediate disciplinary action against the Towing Carrier and/or the involved employees; The provisions contained in any compliance with law provisions in this Agreement do not preclude the City from taking appropriate enforcement or administrative action for any violations of law. Complaints for violations of the law not normally investigated by City will be referred to the agency with investigation jurisdiction; Any conviction of the Towing Carrier or employee involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a drug-related offense, felony driving while under the influence of alcohol and/or a drug, misdemeanor driving while under the influence of alcohol and/or a drug, or moral turpitude while involved in a City rotation tow call shall be cause for removal of the employee from the list of current City rotation tow truck drivers, denial of Towing Carrier application, or termination of the Agreement for Tow Services; and, A Towing Carrier or employee arrested/charged for a violation involving any of the above crimes may be suspended until the case is adjudicated. The City shall take disciplinary action against Towing Carriers for violations investigated and confirmed or sustained. Unless otherwise noted, the City shall determine the period of suspension. The City shall retain discretion regarding the length of any suspension imposed pursuant to the terms and conditions of this Agreement for Tow Services; Records of violations shall be retained by the City for at least 36 months; A violation of the equipment requirements related to safety shall be cause for immediate suspension. The suspension will remain in effect until the A. B. C. 20 November I. 2005 RLS/Js [Towing\Big Z Auto Works. Agreement] 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 D. period of suspension is completed and the City has conducted an inspection and concluded the Towing Carrier is in compliance; A violation of the GVWR and safe loading requirements of a tow truck may be cause for immediate suspension. This includes exceeding the tow truck's GVWR, front axle weight rating, rear axle weight rating, maximum tire weight ratings, or not maintaining 50 percent of the tow truck's unladen front axle weight on the front axle when in tow; A violation of intentionally overcharging or a pattern of overcharging shall be cause for suspension. The suspension will remain in effect until the period of suspension is completed and the Towing Carrier has presented proof to the City that reimbursement has been made to the aggrieved customer; City personnel shall not be offered gratuities, and requests for gratuities shall not be honored by Towing Carriers, employees, or associates of the Towing Carrier. A violation of this section shall be cause for suspension or termination; Failure of the Towing Carrier to satisfy a court order mandating reimbursement to the vehicle owner or property owner for the damage or loss which occurred while the vehicle was in the Towing Carrier's custody will result in a suspension. The suspension will remain in effect until the period of suspension is completed and the Towing Carrier has presented proof of the reimbursement; Failure of the Towing Carrier to comply with the inspection requirements of this Agreement for Tow Services will result in a suspension. The suspension will remain in effect until the period of suspension is completed and the Towing Carrier has complied with the inspection requirement; Failure of the Towing Carriers to send tow truck drivers who are qualified and competent employees on City calls shall be cause for suspension. The E. F. G. H. 1. 21 November 1. 2005 RLS/]s [Tov.'ing\Big Z Auto Works.Agreemcnt] 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 24. J. suspension will remain in effect until the period of suspension is completed and the Towing Carrier has presented proof to the City that the driver is qualified and competent; Failure of the Towing Carrier to maintain the minimum Insurance requirements set forth in the Agreement for Tow Services will immediately nullify the Agreement for Tow Services. The Towing Carrier will be subject to an additional suspension for failure to notify the City in advance of the insurance policy expiration or cancellation; and, Failure of the Towing Carrier or employee to comply with law provisions, Demeanor and Conduct and/or compliance with law provisions may be cause for suspension if deemed appropriate by the City. Minor violations of the terms and conditions of the Agreement for Tow Services may be cause for disciplinary action in the following manner: 1. First violation within a 12 month period - letter of written reprimand; 2. Second violation within a 12 month period - 1 to 30 day suspension; 3. Third violation within a 12 month period - 60 to 90-day suspension; and, 4. Fourth violation within a 12 month period - termination of the Agreement for Tow Services. Note: In lieu of termination, the City may impose additional suspensions for longer periods, if deemed appropriate; Violations of the terms and conditions of the Agreement for Tow Services that are subject to suspension for the first violation are categorized as major violations. Any subsequent or continuing major violation may be cause for termination; 1. When considering punitive action for a major violation of the Agreement for Tow Services, the City may take into consideration K. A. B. 22 November I, 2005 RLS/js [Towing\Big Z Auto Works.Agreement] 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 25. C. all major and minor violations that occurred within 36 months prior to the date of the current violations; and, 2. Termination shall be invoked if, in the City's judgment, continued participation in the Rotation Tow Program by the affected Towing Carrier may result in a hazard to public safety and/or welfare, or the Towing Carrier has been convicted of a crime listed in paragraph 22C; and, Nothing herein shall be deemed to prohibit the City from immediately suspending any Towing Carrier or employee whose conduct, in the opinion of the City, is deemed to be a danger to the motoring public or who has engaged in conduct constituting a flagrant violation of the Agreement for Tow Services. In the event the City serves the Towing Carrier with disciplinary action, the Towing Carrier may request a hearing within seven calendar days by submitting a request in writing to the Traffic Sergeant at the Police Department. If a hearing is requested, it shall be held as soon as practible. The hearing shall be conducted by the Traffic Sergeant or designee, and the Towing Carrier shall be entitled to present all relevant facts and circumstances in support of the Towing Carrier's position. The Towing Carrier shall be further entitled to present testimony of at least one qualified person. The Towing Carrier shall be notified in writing of the Traffic Sergeant's decision(s) within ten business days of the date of completion of the hearing; Following a hearing, if the Towing Carrier is dissatisfied with the Traffic Sergeant's decision(s), the Towing Carrier may appeal by submitting a request in writing to the City Clerk, pursuant to Municipal Code Chapter 2.64, and paying any applicable fees; and, A suspension shall not take effect until the hearing and appeal process has A. B. C. 23 November 1, 2005 RLS/js [Towing\Big Z Auto Works. Agreement] 2 3 been exhausted, with the exception of Towing Carriers whose conduct is deemed to be a danger to the motoring public or who continue to violate the 4 terms and conditions of this Agreement for Tow Services. If a Towing Carrier fails to request a hearing or appeal, the action taken by the City shall be final, and the suspension shall take effect upon written notification to the Towing Carrier by the City. 5 6 7 26. The Towing Carrier shall not display any sign or engage in any advertisement 8 indicating an official or unofficial connection with the City or Department of Motor Vehicles. 9 27. Either party may cancel this Agreement for Tow Services by giving 30 days written 10 notice to the other party. Cancellation shall not be subject to the appeals provisions of Resolution II No. 2005-286 and this Agreement for Tow Services. 12 28. Upon reasonable advance written notice, City shall have the right to review and 13 audit the books of Towing Carrier's place of business and during business hours. 14 29. The parties understand and agree that this Agreement grants Towing Carrier a non- 15 exclusive franchise. 16 30. Towing Carrier shall also comply with all provisions of the Resolution of the Mayor 17 and Common Council of the City of San Bernardino Establishing Standard Criteria for Companies 18 to Provide Tow Services for the City of San Bernardino as said Resolution exists and/or as said 19 Resolution may be amended from time to time. 20 31. This Agreement represents the entire Agreement between the City and the Towing 21 Carrier and fully supersedes any and all previous Agreements entered into by and between the City 22 of San Bernardino and BIG Z AUTO WORKS, INC. 23 32. Any notice to be given pursuant to this Agreement by either party to the other shall 24 de deposited with the United States Postal Service, postage prepaid, and addressed as follows: 25 To the City: City Administrator 300 North "D" Street San Bernardino, CA 92418 26 27 / / / 28 / / / RLSfjs [Towing\Big Z Auto Works.Agreement] 24 November I. 2005 2 To Towing Carrier: BIG Z AUTO WORKS, INC. 274 N. I Street San Bernardino, CA 92410-1841 3 4 Nothing in this paragraph shall be construed to prevent the giving of notice by personal 5 service. 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and 7 date first above shown. 8 9 10 11 Attest: 12 By: 13 14 15 16 CITY OF SAN BERNARDINO By: Mayor Judith Valles TOWING CARRIER By: Print Name: Approved as to Form 17 and Legal Content: 18 JAMES F. PENMAN City Attorney A ,.., :: BIj'~_ ?(iM'''' 22 19 23 24 25 26 27 28 RLS/js [Towing\Big Z Auto Works. Agreement] 25 November I, 2005 1 2 3 4 5 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY OF SAN BERNARDINO TO ENTER INTO AN AGREEMENT FOR TOW SERVICES WITH CITY TOWING, CONSISTENT WITH RESOLUTION 2005-286. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION I. The Mayor and Common Council of thc City of San Bernardino 9 authorize the Mayor to execute on behalf of said City, an Agreement for Tow Services with 10 City Towing. A copy of said agreement is attached hereto marked Exhibit 'B' and incorporated 11 12 13 herein by reference as though fully set forth at length. SECTION 2. The authorization to execute the above referenced amendment is rescinded ifnot issued with sixty (60) days of the passage of this resolution. 14 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 23 III 24 25 26 27 liri'd.-I.B 28 IJ- IC\ 105 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY OF SAN BERNARDINO TO ENTER 2 INTO AN AGREEMENT FOR TOW SERVICES WITH CITY TOWING, CONSISTENT WITH RESOLUTION 2005-286. 3 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 meeting ,2005, by the following vote, to wit: NAYS ABSTAIN ABSENT Rachel G. Clark, CITY CLERK 19 20 21 22 23 Approved as to form and legal content: The foregoing resolution is hereby approved this _ day of ,2005. Judith Valles, Mayor City of San Bernardino 24 JAMES F. PENMAN 25 City Altorney , 26 By: J? ..i-w.-, . 27 28 ,I ATTACHMENT 'B' AGREEMENT FOR TOW SERVICES " (EXISTING TOWING CARRIERS) 3 THIS AGREEMENT FOR TOW SERVICES entered into this I" day of December 2005, 4 by and between the CITY OF SAN BERNARDINO ("City") and CITY TOWING ("Towing 5 Carrier") shall become effective December 1,2005. 6 The parties hereto agree as follows: 7 Towing Carrier hereby agrees to provide tow services to the City of San Bernardino 8 pursuant to terms and conditions contained in this Agreement. 9 I. Towing Carrier shall meet the following minimum requirements: lOA. Have a minimum storage space for 200 vehicles with a minimum of twelve II inside spaces; outside storage lots must be adequately lighted; 12 B. Have an attendant on call twenty-four (24) hours a day, seven days a week 13 at place of business; 14 C. Have no more than two telephone numbers listed with any City department; 15 D. Store towed vehicles in a safe and protected space where the vehicles and 16 their contents will not be accessible to thieves nor be damaged by activity in the Towing Carrier's 17 establishment or from the elements or by vandals; no vehicles shall be left parked or stored on the 18 public streets at anytime; in no event shall the city be liable for any theft, vandalism or damage 19 occurring to any such vehicle or its contents; 20 E. Post a tag on the windshield on all cars ordered impounded by the City; 21 F. Collect all towing or hauling and storage charges on each vehicle from the 22 owner; in no event shall the city be liable for any such charge; 23 G. Whenever a vehicle has been involved in an accident or a traffic violation, 24 and the owner or someone delegated by him is present and is capable of removing the vehicle from 25 the street with reasonable dispatch, and the vehicle is not needed for criminal evidence, City 26 and/or Towing Carrier shall permit the owner or his delegate to remove the vehicle or call a 27 Towing Carrier of his or her own choice to remove the same; provided, however, that if the street 28 cannot be cleared for safe public use with reasonable dispatch by the above method, and in all RLS/js [Towing\City Towing Agreement] November 1, 2005 situations other than above set forth, a Towing Carrier from the top of the rotation list will be :2 called by the City; 3 H. Furnish each owner with a fully itemized billing; 4 I. Immediately after each towing operation, make a towing slip with the 5 contents of each vehicle placed in his or her care itemized thereon as verified by the officer 6 ordering the same and make the slip available to the City on request; 7 J. Release no impounded vehicle without first having obtained a release from 8 the City to do so; 9 K. Agree to a rotation system established by the City; 10 L. Comply with all rules, regulations and laws of the State of California, ]] County of San Bernardino and City of San Bernardino; ]2 M. Have adequate equipment to handle calls from the City, impounds, and 13 storage of motor vehicles; ] 4 N. The carrier shall operate from a location within the City of San Bernardino, 15 and all of the facilities necessary to comply with the provisions of this resolution shall be located 16 within the City of San Bernardino; ] 7 O. Carry a broom, trash can and sand, clean and remove broken glass, spilled ]8 oil, or gasoline from the area before departing, unless directed not to do so by police officers ]9 and/or designated City employees at the scene; 20 P. Each Towing Carrier shall maintain insurance pursuant to the requirements 21 set forth below. The City of San Bernardino shall be named as an additional insured on all 22 policies including the workers compensation policies. Towing Carriers shall provide an 23 endorsement to each policy showing the City as an additional insured: 24 1) The Towing Carrier shall maintain the following minimum levels of 25 insurance from an insurance carrier admitted in California, or 26 admitted in the state in which the Towing Carrier business IS 27 located, and is authorized to do business in California: 28 a) Minimum Level of Financial Responsibility (as required by RLS/js (Towing\City Towing.Agreement] 2 November I, 2005 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Q. 21 22 23 24 25 26 27 28 Section 34631.5 of the California Vehicle Code) - Bodily injury and property damage with a combined single limit of not less than $750,000 for Class A tow trucks. These minimum standards are to include non-owned and hired auto coverage; b) Uninsured Motorist - Legal mlmmum, combined single limit; c) On-Hook Coverage/Cargo - Insuring the vehicle in tow with limits based on the size of the tow truck; and, d) Garage Liability/Garage Keeper's liability - Includes premises and operations. Coverage for bodily injury and property damage with a combined single limit of not less than $500,000; 2) Proof of insurance shall be in the form of a certificate of insurance. Policy expiration or cancellation will immediately nullify the Agreement for Tow Services between the Towing Carrier and the City. The Towing Carrier's insurance policy shall provide for not less than 30 days written notice to the City in the event the insurance policy is canceled or is due to expire; and, Tow vehicles shall be rated at a minimum of 14000 GVWR. (Class A) 1) Tow Truck and Car Carrier Classifications: Tow truck and car carrier classifications are based on the truck chassis Gross Vehicle Weight Rating (GVWR) and the classification system used by the American Trucking Association (ATA) and truck manufacturers; 2) Towing Limitations; a) The total weight of the truck, including the lifted load, shall fall within the GVWR and not exceed either the Front Axle Weight Ratings (FA WR) or Rear Axle Weight Ratings 3 November 1, 2005 RLS/js [Towing\City Towing,Agreement] I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RLS/js [Towing\Cily Towing.Agreement] 3) (RA WR); b) All tow trucks and car carriers shall be equipped and in compliance with the most recent electronic version of the California Highway Patrol Tow Truck Inspection Guide (CHP 234B); and, c) The truck must meet all applicable state and/or federal standards; Identification Labels: Each piece of towing equipment shall have a label or identification tag permanently affixed to the equipment in a prominent location to identify the manufacturer, serial number, model, and rated capacity; Recovery Equipment Rating: The basic performance rating of the recovery equipment is the weight the equipment can lift in a winching mode, when the boom is static at a 30 degree elevation with the load lines vertical and the lifting cables sharing the load equally, measured with a live load (weight or load cell); a) The structural design of the recovery equipment must have a higher load capacity than the performance ratings; b) Winches shall conform to or exceed the specifications set forth by the Recovery Equipment Rating (SAE) Handbook, SAE 1706; and, c) All ratings for cable and chain assemblies are for the undamaged assembly condition. All cable and chain assemblies should be the same type, construction, and rating as specified by the original equipment manufacturer (OEM) for the equipment; Control/Safety Labels: All controls shall be clearly marked to indicate proper operation, as well as any special warnings or 4) 5) 4 November 1, 2005 cautions; ~ 6) Uniforms: City rotation tow drivers shall wear an identifiable 3 uniform shirt displaying the Towing Carrier and driver's names 4 while engaged in City rotation tow operations; and, 5 7) Safety Vests: City rotation tow drivers shall wear a safety vest or 6 reflectorizing clothing, meeting Occupational Safety and Health 7 Administration (OSHA) requirements. 8 Towing Carrier is not exempt from meeting legal requirements imposed by any city, 9 county, State or Federal laws or regulations. An example of this is the Clean Water Act. 10 Per Call Rotation System II 2. The City shall establish a per call rotation system of qualified Towing Carriers who 12 have entered into Agreements with the City for the performance of towing services in response 13 to calls from the City. All departments of the City shall comply with the rotation system. 14 3. Towing Carrier shall comply with and qualify under all the minimum requirements 15 set forth in this Agreement as a condition precedent to being eligible to be placed on the rotation 16 list: 17 A. 18 19 20 21 22 23 24 25 26 27 28 The City shall maintain a rotation tow list for Class A tow trucks to ensure an equitable distribution of calls. Nothing in this Agreement for Tow Services shall prohibit the City from requesting a specific Towing Carrier when, in the on scene supervisor's opinion, the necessary resources to clear a hazard as expeditiously as possible are not available from the Towing Carrier currently at the top of the rotation tow list. If the City needs a tow vehicle that exceeds that of a Class A tow truck, the City may, in its discretion, contact a Towing Carrier with the size of tow truck needed. In such an instance, the Towing Carrier selected would be the next Towing Carrier on the list which has the qualifications (equipment, skills, timelines, etc.) to provide the required service. After the request, the selected Towing Carrier would then go to the bottom of the rotation tow list. Towing 5 November 1. 2005 RLS/js [Towing\City Towing,Agreement] 2 3 B. 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 Carriers on the same list that were by-passed would remain in the same order until their selection for a rotation tow for which they are qualified; A call to a Towing Carrier shall constitute one turn on the list and the Towing Carrier shall be moved to the bottom of the list. This includes when the Towing Carrier fails to answer the phone, is unable to respond, is unable to perform the required service, refuses to respond or provide service, or is canceled due to excessive response time. If it is determined that the Towing Carrier is not needed and is canceled by the City, up to and including arrival at the scene and standby time which does not result in a tow, there shall be no charges and the Towing Carrier will be placed back at the top of the list; 1) If the Towing Carrier is canceled by the vehicle's registered owner or agent prior to the towing carrier taking possession of the vehicle, there shall be no charges for towing. The Towing Carrier shall immediately contact the City and advise them of the cancellation. The Towing Carrier will then be placed back at the top of the list; and, 2) If service, other than towing, recovery, and load salvage, has begun and is canceled by the vehicle's registered owner or agent, the Towing Carrier may charge one-half of the regular hourly service charge for the time expended on the call. For purposes of cancellation, service begins when physical work on the vehicle has begun, not the response. No lien shall arise for the service unless the Towing Carrier has presented a written statement to the vehicle's registered owner or agent for the signed authorization of services to be performed. The Towing Carrier shall not attempt to take possession of the vehicle in order to establish a lien for any non-towing servtces performed, or begun and subsequently 6 RLS/Js (Towing\City Towing,Agreement] November], 2005 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 canceled, when not entitled to such lien by law; If two or more Towing Carriers are called to the same incident, distribution of the vehicles shall be at the discretion of the on-scene supervisor; Towing Carriers shall have a minimum of three (3) verifiable years of for- hire towing experience, as an owner or principal, prior to the final filing date of an enrollment period in order to qualify for a rotation tow listing; c. D. 4. Towing Carriers and owners who do not meet the three year verifiable for-hire towing experience may be considered for a position on the City rotation tow list if a full-time manager who possesses the required tow management experience is employed by the Towing Carrier. An owner/Towing Carrier who releases vehicles, completes lien sale paperwork, and other tow business related documents for three years in the Towing Carrier, with the qualified manager, will fulfill the three years for-hire towing experience requirement; and, Towing Carrier shall give or cause to be given written notice to the registered and I) 17 legal owners of each vehicle which is towed in conformity with the authorization and requirements 18 of this Agreement concerning the fact of such towing, the place at which such vehicle is stored and 19 the imposition of charges for towing, storage and related services whenever the Towing Carrier 20 knows or is able to ascertain from the registration records in the vehicle or from the registration 21 records of the Department of Motor Vehicles the name and address of the registered and legal 22 owners. The notice shall be given not more than ten (10) days from the date of the towing of the 23 vehicle by the Towing Carrier. 24 5. Every tow truck which is subject to the provisions of this Agreement and which by 25 Agreement responds to calls for service by the City, shall be clearly marked on both sides of the 26 cab with the name and telephone number of the Towing Carrier which operates the truck. 27 6. City shall enter into Agreements with Towing Carriers not to exceed one Towing 28 Carrier per 35,000 residents of the City. RLSfjs [Towing\City Towing.Agreement] 7 November I. 2005 7. This Agreement may be canceled by either party, without prejudice, upon thirty 2 (30) days written notice to the other party. 3 8. Each month, Towing Carrier shall submit a list of all vehicles towed the previous 4 month, including license plate numbers and vehicle identification numbers. 5 9. Towing Carrier shall charge for services on calls by the City in an amount not to 6 exceed ten dollars ($10) above the hourly rate set by the California Highway Patrol: 7 A. The rate for towing shall be computed from portal to portal. Time 8 expended shall be charged at a rate not to exceed the hourly rate. Time 9 expended in excess of the minimums shall also be at the hourly rate in no 10 more than one-minute increments. There shall be no additional charges for II mileage, labor, etc; 12 I) The Towing Carrier may charge up to a thirty-minute minimum per 13 call for any service or tow which is performed when the vehicle 14 operator or agent is present and the vehicle is not stored at the 15 discretion of an officer; and, 16 2) The Towing Carrier may charge up to a one-hour minimum per call 17 on responses which result in storage of a vehicle at the direction of 18 an officer; 19 B. Rates for a service call (out of gas, lockouts, tire changes, etc.) shall be 20 from portal to end of service, and may be at the hourly rate with a thirty- 21 minute minimum. Charges in excess of thirty-minutes may be charged in 22 no more than one-minute increments; and, 23 C. The charge for after-hours release shall be no more than one-half the hourly 24 rate, and shall only be allowed on weekends, holidays, and outside normal 25 business hours. 26 10. Standby time for tow trucks will begin one (1) hour after receipt of calls from the 27 City, and is defined to mean the time consumed after the first hour in necessary preparations in 28 order to tow the disabled vehicle and in cleaning up the immediate surrounding area. RLS/js [Towing\City Towing.Agreement) 8 November 1, 2005 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Towing Carrier shall charge for services for storage at the rates set by the California Highway Patrol for this area; 1) Fees for inside storage shall be charged only when inside storage is requested by the City, registered owner, legal owner, insurance company, or when the inside storage can otherwise be justified by the Towing Carrier; 2) The Towing Carrier shall display in plain view at all cashiers stations, a sign as described in Section 3070 of the Civil Code, disclosing all storage fees and charges in force, including the maximum storage rate; 3) Vehicles stored 24 hours or less shall be charged no more than one day storage; and, 4) Storage of vehicles in combination may be charged a per vehicle rate except for dollies, con-gear, etc., Dollies and con-gear may be charged a storage rate not to exceed Class A storage fees; The approved schedule of rates charged by the Towing Carrier shall be available in the tow truck, and shall be presented upon demand to the persons for whom the tow services were provided, their agent, or any officer at the scene; C. Rate requirements represent the maximum a Towing Carrier may charge on a City call. A Towing Carrier is not precluded from charging less when deemed appropriate by the Towing Carrier. These requirements shall not be construed as requiring a charge if a Towing Carrier would not normally charge for such service; and, D. Towing Carrier or employee shall not refer to any rate as required or set by the City. 12. In the event that a towed vehicle is forfeited by the owner in accordance with Section 14607.6 of the California Vehicle Code, the proceeds of the sale of the vehicle shall be 11. A. B. 22 23 24 25 26 27 28 RLS/js [Towing\City Towing.Agreement] 9 November \, 2005 distributed pursuant to said section of said Code. 2 13. Towing Carrier shall be charged a franchise fee. No later than January 20 of each 3 year, the police department shall determine the average monthly franchise fees based on a cost 4 analysis and the average number of tows in the prior fiscal year. The Towing Carrier list will pay 5 an equal share of the franchise fees on a monthly basis. This franchise fee shall be paid from the 6 Towing Carrier profits and shall not be passed on to the vehicle owners. Should the total number 7 of Towing Carriers on the rotation list change, the franchise fee will be adjusted accordingly 8 among the Towing Carriers. Ten days notice shall be given to the participating Towing Carrier 9 of any change in the amount to be paid to the City. 10 14. The Administrative fee set by Resolution of the Common Council will be collected II by the San Bernardino Police Department. 12 IS. A. The Towing Carrier shall ensure that tow truck drivers responding to calls 13 initiated by the City are qualified and competent employees of the Towing 14 Carrier's company. The Towing Carrier shall ensure that the tow truck 15 drivers are trained and proficient in the use of the tow truck and related 16 equipment, including, but not limited to, the procedures necessary for the 17 safe towing and/or recovery of the various types of vehicles serviced 18 through City rotation. Tow drivers shall perform all towing and recovery 19 operations in the safest and most expedient manner possible. Tow truck 20 drivers shall be at least 18 years of age and shall possess the proper class 21 license and endorsements for the towed and towing vehicle; 22 B. The Towing Carrier shall maintain a current list of drivers; and, 23 C. All tow truck drivers and owner/Towing Carriers shall be enrolled in the 24 Pull Notice Program; 25 1) Upon the addition of new drivers, a Towing Carrier will be granted 26 a maximum of30 days to enroll drivers in the Pull Notice Program; 27 2) Pull Notices shall be kept on file, signed, and dated by the Towing 28 Carrier; and, RLS/js [Towing\Cily Towing.Agreement] 10 November 1, 2005 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16. A. 3) The City may require a Towing Carrier to provide copies of Pull Notice Reports to the City. The Towing Carrier shall respond to calls 24 hours a day, seven days a week. Between 6:00 a.m. and 6:00 p.m., the response time shall be no more than twenty (20) minutes. Between 6:00 p.m. and 6:00 a.m. the response shall be no more than thirty (30) minutes. The Towing Carrier shall respond with a tow truck of the class required to tow the vehicle specified by the City. The Towing Carrier shall advise City dispatch, at the time of notification, if they are either unable to respond or unable to meet the maximum response time. If, after accepting the call, the Towing Carrier is unable to respond or will be delayed in responding, the Towing Carrier shall immediately notify the appropriate City department. The Towing Carrier shall not assign any calls to other Towing Carriers; I) A failure to respond to perform the required towing or service and/or repeated failures to meet the maximum response time requirements shall constitute a failure to comply with the terms and conditions of this Resolution and the Agreement for Tow Services; 2) The City may take immediate disciplinary action for any violation of the requirement to respond within the maximum response time; and, 3) When a Towing Carrier will be temporarily unavailable to provide services due to a pre-planned or scheduled activity, the Towing Carrier shall notify the City at least 24 hours prior to the date that services will be unavailable, noting the times and dates of the unavailability; The Towing Carrier, or Towing Carrier's employees responding to a call, shall perform the towing or service required for which they were called unless the requested equipment is inadequate for the service to be B. 11 November I, 2005 RLS/js [Towing\Cily Towing.Agreemenlj I 2 3 4 5 6 7 8 9 10 II 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 17. c. performed; and, Only the tow truck personnel and equipment requested shall respond to a City call. A Towing Carrier shall not respond to a City call assigned to another Towing Carrier unless requested to do so by the City; 1) This shall not preclude the Towing Carrier from responding to an incident to ascertain if additional assistance or equipment is required. There shall be no additional charge for any personnel or equipment that is not necessary to perform the required service; 2) There may be times when the Towing Carrier assigned the initial call may require the assistance of an additional Towing Carrier at the scene. The Towing Carrier assigned the initial call may, subject to prior Agreement with the City and with the concurrence of the on scene supervisor, request a specific Towing Carrier for assistance. The request shall be routed to the additional Towing Carrier through the City; and, 3) There may be times when a Towing Carrier, who was not called to a scene, comes upon a collision scene where a vehicle or vehicles are blocking a roadway and an officer requests assistance in clearing the roadway. In such a case, the Towing Carrier may be requested to move the vehicle to a safe location, as directed by the officer, and leave it. There shall be no charge for this assistance and the assistance provided shall not change the Towing Carrier's place in the rotation. The Towing Carrier shall be responsible for the security of vehicles and property at the place of storage. At a minimum, a fenced or enclosed area shall be provided. The Towing Carrier is responsible for the reasonable care, custody, and control of any property contained in towed or stored vehicles; A. 12 RLS/js [Towing\City Towing.Agreement] November 1, 2005 1 B 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 c. The Towing Carrier shall obtain approval from the City pnor to the removal of any property from a stored or impounded vehicle and shall provide a receipt, with a copy placed in the stored vehicle. The requirement to obtain approval from the City prior to the removal of property may be excused by the City if it is determined that proper safeguards and procedures are utilized by the Towing Carrier; 1) This requirement may not be waived in cases where a vehicle has been impounded for evidence or investigation; 2) Upon approval from the City, the Towing Carrier shall release personal property from an impounded vehicle at the request of the vehicle registered owner or agent; . a) There shall be no charge for the release of personal property during normal business hours. Towing Carrier may charge an after hours release fee for property released after normal business hours, consistent with the after-hours vehicle release provisions; and, b) Personal property is considered to be items which are not affixed to the vehicle. Personal property from a stored vehicle shall be released upon request of the vehicle registered owner or agent. Responses are mandatory on weekends, holidays, and outside normal business hours, provided the vehicle's current registered owner or owner's authorized agent are available for return of personal property. Payment for an after-hour release of property may be required at the time of the release; and, 3) Cargo shall be released upon demand of the carrier or pursuant to a court order; The primary storage facility shall normally be at the same location as the 13 November 1. 2005 RLS/js [Towing\City Towing.Agreement] 2 3 4 5 6 7 8 9 10 II 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 D. business address. If not at the same location, there shall be no charge for any additional distance traveled to and from a secondary location. The vehicle and/or personal property shall be released at the primary storage facility or place of business upon request of the registered owner or a person having a legal entitlement to the vehicle and/or property. I) Prior to the utilization of new storage facilities that were not listed on the application for rotation tow listing, the Towing Carrier shall furnish the address and obtain the City's approval; and, 2) Secondary storage facilities shall be located reasonably close to the main business office; 3) All storage facilities shall meet all legal requirements for such facility; Towing Carrier's place of business shall have a sign that clearly identifies it to the public as a towing service. The sign shall have letters that are clearly visible to the public from the street. The sign shall be visible at night; For the purpose of this Agreement for Tow Services, "normal business hours" shall not be less than 8 a.m. to 5 p.m., Monday through Friday, except for the following recognized holidays: New Year's Day, Martin Luther King Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, day after Thanksgiving Day, and Christmas Day; Business hours shall be posted in plain view to the public. Offices staffed with only one employee may be closed for one hour at lunch. A sign shall be posted with the reason for closure. The sign shall have a phone number where a request will result in an immediate response to release property or vehicles. Response to the office shall be within the time frame required for tow response; E. F. 14 November 1, 2005 RLS/js [Towing\Cily Towing.Agreement] I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G. Employees shall be properly trained to conduct business transactions related to towing, storage, and release of vehicles/property; and, The City shall ensure that proper provisions are in place for the release of all impounded vehicles. Towing Carrier shall respond for after-hours release of vehicles when requested by the current registered owner or owner's authorized agent. The Towing Carrier shall accept all guaranteed forms of payment including, without limitation, money orders, certified checks, debit cards and all widely accepted credit cards. There shall be no surcharge for the use of a credit card. If the form of payment cannot be accepted by the Towing Carrier due to any failure by the Towing Carrier or Towing Carrier's payment processing equipment, Towing Carrier shall not charge storage fees beyond date of such failure. The Towing Carrier shall post in its office a list of rights of the owner of the vehicle under this Agreement for Tow Services. The rights are set forth on Exhibit E to this Resolution. A stored vehicle shall be released to the registered owner upon presentation of the registration and valid proof of identification and payment of all towing and storage charges. If the registration is not immediately available, the Towing Carrier shall obtain the registered owner's information from DMV records as soon as possible. If the Towing Carrier does not release the vehicle as required by this subsection, storage charges shall cease on the date of presentation of the documentation and payment of the accrued charges. An impounded vehicle shall be released to the person named in the Tow Release Form issued by the San Bernardino Police Department upon payment of towing and storage charges and presenting valid proof of identification. If the Towing Carrier does not release the vehicle as H. I. J. K. L. 15 November I, 2005 RLS/js [Towing\City Towing.Agreement] 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18. A. B. 19. c. required by the subsection, storage charges shall cease on the date of presentation of the documentation and payment of the accrued charges. The Towing Carrier shall maintain records of all tow services furnished. The records will be maintained at the Towing Carrier's place of business. Invoices shall at a minimum include a description of each vehicle, nature of service, start time, end time, location of call, itemized costs of towing and storage, the tow truck driver's name, and truck used; At the Towing Carrier's primary office, the Towing Carrier shall also maintain business records relating to personnel, insurance, personnel taxes, payroll, applicable operating authorities, local operating authorities, lien sale actions, Federal Communication Commission licensing, and non-City tows; The City may inspect all Towing Carrier records without notice during normal business hours; Towing Carrier shall permit the City to make copies of business records at its place of business, or to remove business records for the purpose of reproduction. The City shall provide a receipt for any (original) records removed from the place of business; Records shall be maintained and available for inspection for a period of two years plus the current term of this Agreement for Tow Services; and, Failure of the Towing Carrier to comply with the inspection requirements shall be cause for suspension. No Towing Carrier or applicant shall be directly involved in the towing- related business of any other Towing Carrier or applicant on the City's tow rotation; Storage facilities owned by a Towing Carrier, and shared with another Towing Carrier, shall only be approved if the owner/Towing Carrier charges for the space exclusively on a flat monthly rate rather than a D. E. F. A. B. 16 November 1, 2005 RLS/js [Towing\City Towing. Agreement] 1 2 3 C. 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 vehicle-by-vehide basis, or combination thereof. Facilities shared by Towing Carriers shall be physically separated and secured from each other; The sale or transfer of the controlling interest in a Towing Carrier shall immediately terminate this Agreement for Tow Services subject to the notice of change of ownership provision set forth below in this subsection A sale or transfer of the controlling interest in a Towing Carrier is defined in Municipal Code Section 5.04.026 as follows: A. Any business registration certificate or any permit issued or granted pursuant to this title is a privilege to be held by the original permittee or certificate holder thereof. It cannot be sold, transferred, assigned or disposed of, in whole or in part, or by voluntary sale, merger, consolidation or otherwise. B. In the event a permittee or certificate holder is a corporation, a new permit or certificate shall be required when there is an actual change in control or when ownership of more than fifty (50%) of the voting stock of the permittee or certificate holder is acquired by a person or group of persons acting in concert, none of whom already own fifty percent (50%) or more of the voting stock, singly or collectively. C. In the event a permittee or certificate holder is a partnership, a new permit or certificate shall be required when there is an actual change in control or when ownership of fifty percent (50%) or more of the capital or profits of the permittee or certificate holder is acquired by a person or group of persons acting in concert, none of whom already own fifty percent (50%) or more of such capital or profits, singly or collectively. A new owner may apply for a rotation tow listing at any time during the remainder of the current Agreement for Tow Services term. However, the open positions on the City's tow rotation will also be opened for applications from other qualified Towing Carriers. Termination for this reason is exempt from the 30 day notice of cancellation 17 November 1. 2005 RLS/Js [Towing\City Towing,Agreement] set forth in other provisions of this Resolution. Also refer to requirements 2 in Resolution No. 2005-286 required of new tow services Towing Carriers 3 who wish to apply to the City's tow rotation. The City through its Police 4 Department, shall be notified no later than seven (7) days after a change of 5 ownership in a Towing Carrier on its tow service rota.tion. Notice shall be 6 given to the Traffic Sergeant at the Police Department. If the City is not so 7 notified within the seven day period, the termination takes effect 8 immediately at the end of the seven day period. If the City is notified of the 9 change of ownership within the seven day period, the Agreement for Tow 10 Services may be assigned or transferred to the new owner. This assignment II or transfer shall be on an interim basis until the selection process of the 12 replacement Towing Carrier(s) takes place. In no event, shall assignment 13 or transfer exceed 60 days. The Towing Carrier under new ownership must 14 meet the minimum qualifications in Resolution No. 2005-286 to be placed 15 on the City's tow rotation; and, 16 D. A terminated or suspended Towing Carrier, and/or the Towing Carrier 17 business owner at the time of the suspension or termination, shall not be 18 eligible for a rotation listing for the duration of the suspension or 19 termination. This provision applies to the Towing Carrier working in any 20 capacity within any tow business or operating any tow business, and to the 21 tow business, even if operated under new ownership. This provision does 22 not apply to Section 19(C) regarding termination due to a change in 23 ownership. 24 20. The City shall conduct, at a minimum, one annual meeting to discuss issues 25 concerning the tow rotation. All meetings shall be mandatory for the Towing Carrier or Towing 26 Carrier's designee wishing to remain on rotation. The City shall give the Towing Carrier 30 days 27 written notice of these meetings. 28 21. A. While involved in City rotation tow operations or related business, the RLS/js [Towing\City Towing,Agreement] 18 November I, 2005 I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 22. B. Towing Carrier and/or employees shall refrain from any acts of misconduct including, but not limited to, any of the following: I) Rude or discourteous behavior; 2) Lack of service, selective service, or refusal to provide service which the Towing Carrier is/should be capable of performing; 3) Any act of sexual harassment or sexual impropriety; 4) Unsafe driving practices; 5) Exhibiting any objective symptoms of alcohol and/or drug use; or, 6) Appearing at the scene of a City rotation tow call with the odor of an alcoholic beverage emitting from the Towing Carrier's employee's breath. The Towing Carrierltow truck driver shall submit to a preliminary alcohol screening test upon demand of the City; All City related tow service complaints received by the City against a Towing Carrier or Towing Carrier employees will be accepted and investigated in a fair and impartial manner. The Towing Carrier will be notified of the results of any investigation; and, Should the filing of criminal charges be a possibility, the City will conduct the investigation to conclusion or assist the lead investigation agency and, if warranted, request prosecution. The Towing Carrier and employees shall, at all times, comply with federal, state, and local laws and ordinances; I) In the event of a minor traffic violation by a tow truck driver which is known by the City, the Towing Carrier shall be advised of the violation by the City. The Towing Carrier will be granted the opportunity to take necessary steps to ensure that the driver complies with the law. Any subsequent traffic violations may be cause for disciplinary action against the Towing Carrier and/or the c. A. 19 November I, 2005 RLS/Js [Towing\City Towing,Agreement] 2 3 4 5 6 7 8 9 10 II 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 B. C. 23. D. involved employees; and, 2) Any flagrant traffic violation may be cause for immediate disciplinary action against the Towing Carrier and/or the involved employees; The provisions contained in any compliance with law provisions in this Agreement do not preclude the City from taking appropriate enforcement or administrative action for any violations of law. Complaints for violations of the law not normally investigated by City will be referred to the agency with investigation jurisdiction; Any conviction of the Towing Carrier or employee involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a drug-related offense, felony driving while under the influence of alcohol and/or a drug, misdemeanor driving while under the influence of alcohol and/or a drug, or moral turpitude while involved in a City rotation tow call shall be cause for removal of the employee from the list of current City rotation tow truck drivers, denial of Towing Carrier application, or termination of the Agreement for Tow Services; and, A Towing Carrier or employee arrested/charged for a violation involving any of the above crimes may be suspended until the case is adjudicated. The City shall take disciplinary action against Towing Carriers for violations investigated and confirmed or sustained. Unless otherwise noted, the City shall determine the period of suspension. The City shall retain discretion regarding the length of any suspension imposed pursuant to the terms and conditions of this Agreement for Tow Services; Records of violations shall be retained by the City for at least 36 months; A violation of the equipment requirements related to safety shall be cause for immediate suspension. The suspension will remain in effect until the A. B. C. 20 November 1, 2005 RLS/js ITowing\City Towing.Agreement] 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 D. E. period of suspension is completed and the City has conducted an inspection and concluded the Towing Carrier is in compliance; A violation of the GVWR and safe loading requirements of a tow truck may be cause for immediate suspension. This includes exceeding the tow truck's GVWR, front axle weight rating, rear axle weight rating, maximum tire weight ratings, or not maintaining 50 percent of the tow truck's unladen front axle weight on the front axle when in tow; A violation of intentionally overcharging or a pattern of overcharging shall be cause for suspension. The suspension will remain in effect until the period of suspension is completed and the Towing Carrier has presented proof to the City that reimbursement has been made to the aggrieved customer; City personnel shall not be offered gratuities, and requests for gratuities shall not be honored by Towing Carriers, employees, or associates of the Towing Carrier. A violation of this section shall be cause for suspension or termination; Failure of the Towing Carrier to satisfy a court order mandating reimbursement to the vehicle owner or property owner for the damage or loss which occurred while the vehicle was in the Towing Carrier's custody will result in a suspension. The suspension will remain in effect until the period of suspension is completed and the Towing Carrier has presented proof of the reimbursement; Failure of the Towing Carrier to comply with the inspection requirements of this Agreement for Tow Services will result in a suspension. The suspension will remain in effect until the period of suspension is completed and the Towing Carrier has complied with the inspection requirement; Failure of the Towing Carriers to send tow truck drivers who are qualified and competent employees on City calls shall be cause for suspension. The F. G. H. I. 21 November I. 2005 RLS/js [Towing\City Towing.Agreement] 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 24. J. suspension will remain in effect until the period of suspension is completed and the Towing Carrier has presented proof to the City that the driver is qualified and competent; Failure of the Towing Carrier to maintain the minimum Insurance requirements set forth in the Agreement for Tow Services will immediately nullify the Agreement for Tow Services. The Towing Carrier will be subject to an additional suspension for failure to notify the City in advance of the insurance policy expiration or cancellation; and, Failure of the Towing Carrier or employee to comply with law provisions, Demeanor and Conduct and/or compliance with law provisions may be cause for suspension if deemed appropriate by the City. Minor violations of the terms and conditions of the Agreement for Tow Services may be cause for disciplinary action in the following manner: 1. First violation within a 12 month period - letter of written reprimand; 2. Second violation within a 12 month period - 1 to 30 day suspension; 3. Third violation within a 12 month period - 60 to 90-day suspension; and, 4. Fourth violation within a 12 month period - termination of the Agreement for Tow Services. Note: In lieu of termination, the City may impose additional suspensions for longer periods, if deemed appropriate; Violations of the terms and conditions of the Agreement for Tow Services that are subject to suspension for the first violation are categorized as major violations. Any subsequent or continuing major violation may be cause for termination; 1. When considering punitive action for a major violation of the Agreement for Tow Services, the City may take into consideration K. A. B. 22 RLS/Js (Towing\City Towing.Agreementj November I. 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 11 -~ 23 24 25 26 27 28 25. all major and minor violations that occurred within 36 months prior to the date of the current violations; and, 2. Termination shall be invoked if, in the City's judgment, continued participation in the Rotation Tow Program by the affected Towing Carrier may result in a hazard to public safety and/or welfare, or the Towing Carrier has been convicted of a crime listed in c. paragraph 22C; and. Nothing herein shall be deemed to prohibit the City from immediately suspending any Towing Carrier or employee whose .conduct, in the opinion of the City, is deemed to be a danger to the motoring public or who has engaged in conduct constituting a flagrant violation of the Agreement for Tow Services. A. In the event the City serves the Towing Carrier with disciplinary action, the Towing Carrier may request a hearing within seven calendar days by submitting a request in writing to the Traffic Sergeant at the Police Department. If a hearing is requested, it shall be held as soon as practible. The hearing shall be conducted by the Traffic Sergeant or designee, and the Towing Carrier shall be entitled to present all relevant facts and circumstances in support of the Towing Carrier's position. The Towing B. Carrier shall be further entitled to present testimony of at least one qualified person. The Towing Carrier shall be notified in writing of the Traffic Sergeant's decision(s) within ten business days of the date of completion of the hearing; Following a hearing, if the Towing Carrier is dissatisfied with the Traffic Sergeant's decision(s), the Towing Carrier may appeal by submitting a request in writing to the City Clerk, pursuant to Municipal Code Chapter 2.64, and paying any applicable fees; and, A suspension shall not take effect until the hearing and appeal process has C. 23 November 1. 2005 RLS/js (Towing\City Towing_Agreement] 2 3 4 5 6 been exhausted, with the exception of Towing Carriers whose conduct is deemed to be a danger to the motoring public or who continue to violate the terms and conditions of this Agreement for Tow Services. If a Towing Carrier fails to request a hearing or appeal, the action taken by the City shall be final, and the suspension shall take effect upon written notification to the Towing Carrier by the City. 7 26. The Towing Carrier shall not display any sign or engage in any advertisement 8 indicating an official or unofficial connection with the City or Department of Motor Vehicles. 9 27. Either party may cancel this Agreement for Tow Services by giving 30 days written 10 notice to the other party. Cancellation shall not be subject to the appeals provisions of Resolution I I No. 2005-286 and this Agreement for Tow Services. 12 28. Upon reasonable advance written notice, City shall have the right to review and 13 audit the books of Towing Carrier's place of business and during business hours. 14 29. The parties understand and agree that this Agreement grants Towing Carrier a non- 15 exclusive franchise. 16 30. Towing Carrier shall also comply with all provisions of the Resolution of the Mayor 17 and Common Council of the City of San Bernardino Establishing Standard Criteria for Companies 18 to Provide Tow Services for the City of San Bernardino as said Resolution exists and/or as said 19 Resolution may be amended from time to time. 20 31. This Agreement represents the entire Agreement between the City and the Towing 2 I Carrier and fully supersedes any and all previous Agreements entered into by and between the City 22 of San Bernardino and CITY TOWING. 23 32. Any notice to be given pursuant to this Agreement by either party to the other shall 24 de deposited with the United States Postal Service, postage prepaid, and addressed as follows: 25 To the City: City Administrator 300 North "D" Street San Bernardino, CA 92418 26 27 / / / 28 / / / RLS/js [Towing\City Towing.Agreement] 24 November L 2005 2 3 To Towing Carrier: CITY TOWING 530 W. IO'" Street San Bernardino', CA 92410-2802 4 Nothing in this paragraph shall be construed to prevent the giving of notice by personal 5 service. 6 IN WITNESS WHEREO F, the parties hereto have executed this Agreement on the day and 7 date first above shown. 8 9 CITY OF SAN BERNARDINO By: Mayor Judith Valles 10 II Attest: 12 By: 13 14 15 TOWING CARRIER By: Print Name: 16 Approved as to Form 17 and Legal Content: 18 JAMES F. PENMAN City Attorney 19 (\ 20 By: ~r-.-- (I (.J 7 i?.~'1 ~~ . 21 22 23 24 25 26 27 28 RLS/js [Towing\City Towing.Agreement] 25 November I, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY OF SAN BERNARDINO TO ENTER INTO AN AGREEMENT FOR TOW SERVICES WITH DANNY'S TOWING, CONSISTENT WITH RESOLUTION 2005-286. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and Common Council of the City of San Bernardino authorize the Mayor to execute on behalf of said City, an Agreement for Tow Services with Danny's Towing. A copy of said agreement is attached hereto marked Exhibit 'C' and incorporated herein by reference as though fully set forth at length. SECTION 2. The authorization to execute the above referenced amendment is rescinded ifnot issued with sixty (60) days of the passage of this resolution. III 16 III 17 III 18 19 III 20 III 21 III 22 III 23 III 24 25 26 27 ~. d-lo~ 28 1'J./lqI05 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAl'i BERNARDINO AUTHORIZING THE CITY OF SAN BERNARDINO TO ENTER 2 INTO AN AGREEMENT FOR TOW SERVICES WITH DANNY'S TOWING, CONSISTENT WITH RESOLUTION 2005-286. 3 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 6 7 meeting thereof, held on the day of ,2005, by the following vote, to wit: 8 Council Members: 9 ESTRADA 10 LONGVILLE 11 MCGINNIS 12 DERRY 13 KELLY 14 15 JOHNSON 16 MCCAMMACK 17 I 18 AYES NAYS ABSTAIN ABSENT Rachel G. Clark, CITY CLERK 19 20 The foregoing resolution is hereby approved this _ day of ,2005. 21 I 22 23 Approved as to form and legal content: Judith Valles, Mayor City of San Bernardino 24 JAMES F. PENMAN 25 City Attorney , 26 27 28 By: ...~ "'"/ : I . . .J ATTACHMENT 'C' AGREEMENT FOR TOW SERVICES 2 (EXISTING TOWING CARRIERS) 3 THIS AGREEMENT FOR TOW SERVICES entered into this I" day of December 2005, 4 by and between the CITY OF SAN BERNARDINO ("City") and DANNY'S TOWING ("Towing 5 Carrier") shall become effective December I, 2005. 6 The parties hereto agree as follows: 7 Towing Carrier hereby agrees to provide tow services to the City of San Bernardino 8 pursuant to terms and conditions contained in this Agreement. 9 1. Towing Carrier shall meet the following minimum requirements: 10 A. Have a minimum storage space for 200 vehicles with a minimum of twelve II inside spaces; outside storage lots must be adequately lighted; 12 B. Have an attendant on call twenty-four (24) hours a day, seven days a week 13 at place of business; 14 C. Have no more than two telephone numbers listed with any City department; 15 D. Store towed vehicles in a safe and protected space where the vehicles and 16 their contents will not be accessible to thieves nor be damaged by activity in the Towing Carrier's 17 establishment or from the elements or by vandals; no vehicles shall be left parked or stored on the 18 public streets at anytime; in no event shall the city be liable for any theft, vandalism or damage 19 occurring to any such vehicle or its contents; 20 E. Post a tag on the windshield on all cars ordered impounded by the City; 21 F. Collect all towing or hauling and storage charges on each vehicle from the 22 owner; in no event shall the city be liable for any such charge; 23 G. Whenever a vehicle has been involved in an accident or a traffic violation, 24 and the owner or someone delegated by him is present and is capable of removing the vehicle from 25 the street with reasonable dispatch, and the vehicle is not needed for criminal evidence, City 26 and/or Towing Carrier shall permit the owner or his delegate to remove the vehicle or call a 27 Towing Carrier of his or her own choice to remove the same; provided, however, that if the street 28 cannot be cleared for safe public use with reasonable dispatch by the above method, and in all RLSJjs [Towing\Danny's Towing,Agreement] I November 1, 2005 situations other than above set forth, a Towing Carrier from the top of the rotation list will be 2 called by the City; 3 H. Furnish each owner with a fully itemized billing; 4 I. Immediately after each towing operation, make a towing slip with the 5 contents of each vehicle placed in his or her care itemized thereon as verified by the officer 6 ordering the same and make the slip available to the City on request; 7 J. Release no impounded vehicle without first having obtained a release from 8 the City to do so; 9 K. Agree to a rotation system established by the City; 10 L. Comply with all rules, regulations and laws of the State of California, II County of San Bernardino and City of San Bernardino; 12 M. Have adequate equipment to handle calls from the City, impounds, and 13 storage of motor vehicles; 14 N. The carrier shall operate from a location within the City of San Bernardino, 15 and all of the facilities necessary to comply with the provisions of this resolution shall be located 16 within the City of San Bernardino; 17 O. Carry a broom, trash can and sand, clean and remove broken glass, spilled 18 oil, or gasoline from the area before departing, unless directed not to do so by police officers 19 and/or designated City employees at the scene; 20 P. Each Towing Carrier shall maintain insurance pursuant to the requirements 21 set forth below. The City of San Bernardino shall be named as an additional insured on all 22 policies including the workers compensation policies. Towing Carriers shall. provide an 23 endorsement to each policy showing the City as an additional insured: 24 I) The Towing Carrier shall maintain the following minimum levels of 25 insurance from an insurance carrier admitted in California, or 26 admitted in the state in which the Towing Carrier business IS 27 located, and is authorized to do business in California: 28 a) Minimum Level of Financial Responsibility (as required by RLS/js [Towing\Danny's Towing.Agreement] 2 November I, 2005 I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 Q. 21 22 23 24 25 26 27 28 Section 34631.5 of the California Vehicle Code) - Bodily injury and property damage with a combined single limit of not less than $750,000 for Class A tow trucks. These minimum standards are to include non-owned and hired auto coverage; b) Uninsured Motorist - Legal minimum, combined single limit; c) On-Hook Coverage/Cargo -Insuring the vehicle in tow with limits based on the size of the tow truck; and, d) Garage Liability/Garage Keeper's liability - Includes premises and operations. Coverage for bodily injury and property damage with a combined single limit of not less than $500,000; 2) Proof of insurance shall be in the form of a certificate of insurance. Policy expiration or cancellation will immediately nullify the Agreement for Tow Services between the Towing Carrier and the City. The Towing Carrier's insurance policy shall provide for not less than 30 days written notice to the City in the event the insurance policy is canceled or is due to expire; and, Tow vehicles shall be rated at a minimum of 14000 GVWR. (Class A) I) Tow Truck and Car Carrier Classifications: Tow truck and car carrier classifications are based on the truck chassis Gross Vehicle Weight Rating (GVWR) and the classification system used by the American Trucking Association (AT A) and truck manufacturers; 2) Towing Limitations; a) The total weight of the truck, including the lifted load, shall fall within the GVWR and not exceed either the Front Axle Weight Ratings (FA WR) or Rear Axle Weight Ratings 3 November 1. 2005 RLS/js [Towing\Danny's Towing.Agreementj I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RLS/js (Towing\Danny's Towing,Agreement] 3) (RAWR); b) All tow trucks and car carriers shall be equipped and m compliance with the most recent electronic version of the California Highway Patrol Tow Truck Inspection Guide (CHP 234B); and, c) The truck must meet all applicable state and/or federal standards; Identification Labels: Each piece of towing equipment shall have a label or identification tag permanent I y affixed to the equipment in a prominent location to identify the manufacturer, serial number, model, and rated capacity; Recovery Equipment Rating: The basic performance rating of the recovery equipment is the weight the equipment can lift in a winching mode, when the boom is static at a 30 degree elevation with the load lines vertical and the lifting cables sharing the load equally, measured with a live load (weight or load cell); a) The structural design of the recovery equipment must have a higher load capacity than the performance ratings; b) Winches shall conform to or exceed the specifications set forth by the Recovery Equipment Rating (SAE) Handbook, SAE J706; and, c) All ratings for cable and chain assemblies are for the undamaged assembly condition. All cable and chain assemblies should be the same type, construction, and rating as specified by the original equipment manufacturer (OEM) for the equipment; Control/Safety Labels: All controls shall be clearly marked to indicate proper operation, as well as any special warnmgs or 4) 5) 4 November 1, 2005 cautions; 2 6) Uniforms: City rotation tow drivers shall wear an identifiable 3 uniform shirt displaying the Towing Carrier and driver's names 4 while engaged in City rotation tow operations; and, 5 7) Safety Vests: City rotation tow drivers shall wear a safety vest or 6 reflectorizing clothing, meeting Occupational Safety and Health 7 Administration (OSHA) requirements. 8 Towing Carrier is not exempt from meeting legal requirements imposed by any city, 9 county, State or Federal laws or regulations. An example of this is the Clean Water Act. 10 Per Call Rotation System II 2. The City shall establish a per call rotation system of qualified Towing Carriers who 12 have entered into Agreements with the City for the performance of towing services in response 13 to calls from the City. All departments of the City shall comply with the rotation system. 14 3. Towing Carrier shall comply with and qualify under all the minimum requirements 15 set forth in this Agreement as a condition precedent to being eligible to be placed on the rotation 16 list: 17 A. 18 19 20 21 22 23 24 25 26 27 28 The City shall maintain a rotation tow list for Class A tow trucks to ensure an equitable distribution of calls. Nothing in this Agreement for Tow Services shall prohibit the City from requesting a specific Towing Carrier when, in the on scene supervisor's opinion, the necessary resources to clear a hazard as expeditiously as possible are not available from the Towing Carrier currently at the top of the rotation tow list. If the City needs a tow vehicle that exceeds that of a Class A tow truck, the City may, in its discretion, contact a Towing Carrier with the size of tow truck needed. In such an instance, the Towing Carrier selected would be the next Towing Carrier on the list which has the qualifications (equipment, skills, timelines, etc.) to provide the required service. After the request, the selected Towing Carrier would then go to the bottom of the rotation tow list. Towing 5 November 1. 2005 RLS/js [Towing\Danny's Towing.Agreement] 2 3 B. 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Carriers on the same list that were by-passed would remain in the same order until their selection for a rotation tow for which they are qualified; A call to a Towing Carrier shall constitute one turn on the list and the Towing Carrier shall be moved to the bottom of the list. This includes when the Towing Carrier fails to answer the phone, is unable to respond, is unable to perform the required service, refuses to respond or provide service, or is canceled due to excessive response time. If it is determined that the Towing Carrier is not needed and is canceled by the City, up to and including arrival at the scene and standby time which does not result in a tow, there shall be no charges and the Towing Carrier will be placed back at the top of the list; I) If the Towing Carrier is canceled by the vehicle's registered owner or agent prior to the towing carrier taking possession of the vehicle, there shall be no charges for towing. The Towing Carrier shall immediately contact the City and advise them of the cancellation. The Towing Carrier will then be placed back at the top of the list; and, 2) If service, otherthan towing, recovery, and load salvage, has begun and is canceled by the vehicle's registered owner or agent, the Towing Carrier may charge one-half of the regular hourly service charge for the time expended on the call. For purposes of cancellation, service begins when physical work on the vehicle has begun, not the response. No lien shall arise for the service unless the Towing Carrier has presented a written statement to the vehicle's registered owner or agent for the signed authorization of services to be performed. The Towing Carrier shall not attempt to take possession of the vehicle in order to establish a lien for any non-towing services performed, or begun and subsequently 6 November 1, 2005 RLS/js (Towing\Danny's Towing.Agreement] canceled, when not entitled to such lien by law; 2 C. [ftwo or more Towing Carriers are called to the same incident, distribution 3 of the vehicles shall be at the discretion of the on-scene supervisor; 4 D. Towing Carriers shall have a minimum of three (3) verifiable years of for- 5 hire towing experience, as an owner or principal, prior to the final filing 6 date of an enrollment period in order to qualify for a rotation tow listing; 7 I) Towing Carriers and owners who do not meet the three year 8 verifiable for-hire towing experience may be considered for a 9 position on the City rotation tow list if a full-time manager who 10 possesses the required tow management experience is employed by II the Towing Carrier. An owner/Towing Carrier who releases 12 vehicles, completes lien sale paperwork, and other tow business 13 related documents for three years in the Towing Carrier, with the 14 qualified manager, will fulfill the three years for-hire lOwing 15 experience requirement; and, 16 4. Towing Carrier shall give or cause to be given written notice to the registered and 17 legal owners of each vehicle which is towed in conformity with the authorization and requirements 18 of this Agreement concerning the fact of such towing, the place at which such vehicle is stored and 19 the imposition of charges for towing, storage and related services whenever the Towing Carrier 20 knows or is able to ascertain from the registration records in the vehicle or from the registration 21 records of the Department of Motor Vehicles the name and address of the registered and legal 22 owners. The notice shall be given not more than ten (10) days from the date of the towing of the 23 vehicle by the Towing Carrier. 24 5. Every tow truck which is subject to the provisions of this Agreement and which by 25 Agreement responds to calls for service by the City, shall be clearly marked on both sides of the 26 cab with the name and telephone number of the Towing Carrier which operates the truck. 27 6. City shall enter into Agreements with Towing Carriers not to exceed one Towing 28 Carrier per 35,000 residents of the City. RLS/js [Towing\Danny's Towing.Agrecment] 7 November I. 2005 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. This Agreement may be canceled by either party, without prejudice, upon thirty (30) days written notice to the other party. 8. Each month, Towing Carrier shall submit a list of all vehicles towed the previous month, including license plate numbers and vehicle identification numbers. 9. 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 by the California Highway Patrol: A. The rate for towing shall be computed from portal to portal. Time expended shall be charged at a rate not to exceed the hourly rate. Time expended in excess of the minimums shall also be at the hourly rate in no more than one-minute increments. There shall be no additional charges for mileage, labor, etc; 1) The Towing Carrier may charge up to a thirty-minute minimum per call for any service or tow which is performed when the vehicle operator or agent is present and the vehicle is not stored at the discretion of an officer; and, 2) The Towing Carrier may charge up to a one-hour minimum per call on responses which result in storage of a vehicle at the direction of an officer; B. Rates for a service call (out of gas, lockouts, tire changes, etc.) shall be from portal to end of service, and may be at the hourly rate with a thirty- minute minimum. Charges in excess of thirty-minutes may be charged in no more than one-minute increments; and, C. The charge for after-hours release shall be no more than one-half the hourly rate, and shall only be allowed on weekends, holidays, and outside normal business hours. 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. RLS/js [Towing\Danny's Towing.Agreementl 8 November I, 2005 11. A. Towing Carrier shall charge for services for storage at the rates set by the 2 California Highway Patrol for this area; 3 1) Fees for inside storage shall be charged only when inside storage is 4 requested by the City, registered owner, legal owner, insurance S company, or when the inside storage can otherwise be justified by 6 the Towing Carrier; 7 2) The Towing Carrier shall display in plain view at all cashiers 8 stations, a sign as described in Section 3070 of the Civil Code, 9 disclosing all storage fees and charges in force, including the 10 maximum storage rate; 11 3) Vehicles stored 24 hours or less shall be charged no more than one 12 day storage; and, 13 4) Storage of vehicles in combination may be charged a per vehicle 14 rate except for dollies, con-gear, etc., Dollies and con-gear may be IS charged a storage rate not to exceed Class A storage fees; 16 B. The approved schedule of rates charged by the Towing Carrier shall be 17 available in the tow truck, and shall be presented upon demand to the 18 persons for whom the tow services were provided, their agent. or any 19 officer at the scene; 20 C. Rate requirements represent the maximum a Towing Carrier may charge on 21 a City call. A Towing Carrier is not precluded from charging less when 22 deemed appropriate by the Towing Carrier. These requirements shall not 23 be construed as requiring a charge if a Towing Carrier would not normally 24 charge for such service; and. 25 D. Towing Carrier or employee shall not refer to any rate as required or set by 26 the City. 27 12. In the event that a towed vehicle is forfeited by the owner in accordance with 28 Section 14607.6 of the California Vehicle Code, the proceeds of the sale of the vehicle shall be RLS/js [Towing\Danny's Towing.Agreement] 9 November I. 2005 distributed pursuant to said section of said Code. 2 13. Towing Carrier shall be charged a franchise fee. No later than January 20 of each 3 year, the police department shall determine the average monthly franchise fees based on a cost 4 analysis and the average number of tows in the prior fiscal year. The Towing Carrier list will pay 5 an equal share of the franchise fees on a monthly basis. This franchise fee shall be paid from the 6 Towing Carrier profits and shall not be passed on to the vehicle owners. Should the total number 7 of Towing Carriers on the rotation list change, the franchise fee will be adjusted accordingly 8 among the Towing Carriers. Ten days notice shall be given to the participating Towing Carrier 9 of any change in the amount to be paid to the City. 10 14. The Administrative fee set by Resolution of the Common Council will be collected II by the San Bernardino Police Department. 12 15. A. The Towing Carrier shall ensure that tow truck drivers responding to calls 13 initiated by the City are qualified and competent employees of the Towing 14 Carrier's company. The Towing Carrier shall ensure that the tow truck 15 drivers are trained and proficient in the use of the tow truck and related 16 equipment, including, but not limited to, the procedures necessary for the 17 safe towing and/or recovery of the various types of vehicles serviced 18 through City rotation. Tow drivers shall perform all towing and recovery 19 operations in the safest and most expedient manner possible. Tow truck 20 drivers shall be at least 18 years of age and shall possess the proper class 21 license and endorsements for the towed and towing vehicle; 22 B. The Towing Carrier shall maintain a current list of drivers; and, 23 C. All tow truck drivers and owner/Towing Carriers shall be enrolled in the 24 Pull Notice Program; 25 1) Upon the addition of new drivers, a Towing Carrier will be granted 26 a maximum ono days to enroll drivers in the Pull Notice Program; 27 2) Pull Notices shall be kept on file, signed, and dated by the Towing 28 Carrier; and, RLS/js [Towing\Danny's Towing.Agreement] 10 November I, 2005 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 16. A. 3) The City may require a Towing Carrier to provide copies of Pull Notice Reports to the City. The Towing Carrier shall respond to calls 24 hours a day, seven days a week. Between 6:00 a.m. and 6:00 p.m., the response time shall be no more than twenty (20) minutes. Between 6:00 p.m. and 6:00 a.m. the response shall be no more than thirty (30) minutes. The Towing Carrier shall respond with a tow truck of the class required to tow the vehicle specified by the City. The Towing Carrier shall advise City dispatch, at the time of notification, if they are either unable to respond or unable to meet the maximum response time. If, after accepting the call, the Towing Carrier is unable to respond or will be delayed in responding, the Towing Carrier shall immediately notify the appropriate City department. The Towing Carrier shall not assign any calls to other Towing Carriers; 1) A failure to respond to perform the required towing or service and/or repeated failures to meet the maximum response time requirements shall constitute a failure to comply with the terms and conditions of this Resolution and the Agreement for Tow Services; 2) The City may take immediate disciplinary action for any violation of the requirement to respond within the maximum response time; and, 3) When a Towing Carrier will be temporarily unavailable to provide services due to a pre-planned or scheduled activity, the Towing Carrier shall notify the City at least 24 hours prior to the date that services will be unavailable, noting the times and dates of the unavailability; The Towing Carrier, or Towing Carrier's employees responding to a call, shall perform the towing or service required for which they were called unless the requested equipment is inadequate for the service to be B. 11 November 1, 2005 RLS/js [Towing\Danny's Towing.Agreement] :2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17. c. performed; and, Only the tow truck personnel and equipment requested shall respond to a City call. A Towing Carrier shall not respond to a City call assigned to another Towing Carrier unless requested to do so by the City; I) This shall not preclude the Towing Carrier from responding to an incident to ascertain if additional assistance or equipment is required. There shall be no additional charge for any personnel or equipment that is not necessary to perform the required service; 2) There may be times when the Towing Carrier assigned the initial call may require the assistance of an additional Towing Carrier at the scene. The Towing Carrier assigned the initial call may, subject to prior Agreement with the City and with the concurrence of the on scene supervisor, request a specific Towing Carrier for assistance. The request shall be routed to the additional Towing Carrier through the City; and, 3) There may be times when a Towing Carrier, who was not called to a scene, comes upon a collision scene where a vehicle or vehicles are blocking a roadway and an officer requests assistance in clearing the roadway. In such a case, the Towing Carrier may be requested to move the vehicle to a safe location, as directed by the officer, and leave it. There shall be no charge for this assistance and the assistance provided shall not change the Towing Carrier's place in the rotation. The Towing Carrier shall be responsible for the security of vehicles and property at the place of storage. At a minimum, a fenced or enclosed area shall be provided. The Towing Carrier is responsible for the reasonable care, custody, and control of any property contained in towed or stored vehicles; A. 12 RLSljs [Towing\Danny's Towing.Agreement] November 1, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 l5 16 17 18 19 20 21 22 23 24 25 26 27 28 B. The Towing Carrier shall obtain approval from the City pnor to the removal of any property from a stored or impounded vehicle and shall provide a receipt, with a copy placed in the stored vehicle. The requirement to obtain approval from the City prior to the removal of property may be excused by the City if it is determined that proper safeguards and procedures are utilized by the Towing Carrier; 1) This requirement may notbe waived in cases where a vehicle has been impounded for evidence or investigation; 2) Upon approval from the City, the Towing Carrier shall release personal property from an impounded vehicle at the request of the vehicle registered owner or agent; a) There shall be no charge for the release of personal property during normal business hours. Towing Carrier may charge an after hours release fee for property released after normal business hours, consistent with the after-hours vehicle release provisions; and, b) Personal property is considered to be items which are not affixed to the vehicle. Personal property from a stored vehicle shall be released upon request of the vehicle registered owner or agent. Responses are mandatory on weekends, holidays, and outside normal business hours, provided the vehicle's current registered owner or owner's authorized agent are available for return of personal property. Payment for an after-hour release of property may be required at the time of the release; and, 3) Cargo shall be released upon demand of the carrier or pursuant to a court order; The primary storage facility shall normally be at the same location as the c. l3 November I, 2005 RLS/js (Towing\Danny's Towing.Agreement] I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D. business address. If not at the same location, there shall be no charge for any additional distance traveled to and from a secondary location. The vehicle and/or personal property shall be released at the primary storage facility or place of business upon request of the registered owner or a person having a legal entitlement to the vehicle and/or property. I) Prior to the utilization of new storage facilities that were not listed on the application for rotation tow listing, the Towing Carrier shall furnish the address and obtain the City's approval; and, 2) Secondary storage facilities shall be located reasonably close to the main business office; 3) All storage facilities shall meet all legal requirements for such facility; Towing Carrier's place of business shall have a sign that clearly identifies it to the public as a towing service. The sign shall have letters that are clearly visible to the public from the street. The sign shall be visible at night; For the purpose of this Agreement for Tow Services, "normal business hours" shall not be less than 8 a.m. to 5 p.m., Monday through Friday, except for the following recognized holidays: New Year's Day, Martin Luther King Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, day after Thanksgiving Day, and Christmas Day; Business hours shall be posted in plain view to the public. Offices staffed with only one employee may be closed for one hour at lunch. A sign shall be posted with the reason for closure. The sign shall have a phone number where a request will result in an immediate response to release property or vehicles. Response to the office shall be within the time frame required for tow response; E. F. 14 November 1, 2005 RLS/js [Towing\Danny's Towing.Agreement! G. 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 H. I. Employees shall be properly trained to conduct business transactions related to towing, storage, and release of vehicles/property; and, The City shall ensure that proper provisions are in place for the release of all impounded vehicles. Towing Carrier shall respond for after-hours release of vehicles when requested by the current registered owner or owner's authorized agent. The Towing Carrier shall accept all guaranteed forms of payment including, without limitation, money orders, certified checks, debit cards and all widely accepted credit cards. There shall be no surcharge for the use of a credit card. If the form of payment cannot be accepted by the Towing Carrier due to any failure by the Towing Carrier or Towing Carrier's payment processing equipment, Towing Carrier shall not charge storage fees beyond date of such failure. The Towing Carrier shall post in its office a list of rights of the owner of the vehicle under this Agreement for Tow Services. The rights are set forth on Exhibit E to this Resolution. A stored vehicle shall be released to the registered owner upon presentation of the registration and valid proof of identification and payment of all towing and storage charges. If the registration is not immediately available, the Towing Carrier shall obtain the registered owner's information from DMV records as soon as possible. If the Towing Carrier does not release the vehicle as required by this subsection, storage charges shall cease on the date of presentation of the documentation and payment of the accrued charges. An impounded vehicle shall be released to the person named in the Tow Release Form issued by the San Bernardino Police Department upon payment of towing and storage charges and presenting valid proof of identification. If the Towing Carrier does not release the vehicle as 1. K. L. 15 November 1, 2005 RLS/js [Towing\Danny's Towing.Agrecment] 2 3 4 5 6 7 8 9 to II 12 13 14 15 16 17 18 19 20 21 18. 22 23 24 25 26 27 28 19. B. A. required by the subsection, storage charges shall cease on the date of presentation of the documentation and payment of the accrued charges. The Towing Carrier shall maintain records of all tow services furnished. The records will be maintained at the Towing Carrier's place of business. Invoices shall at a minimum include a description of each vehicle, nature of service, start time, end time, location of call, itemized costs of towing and storage, the tow truck driver's name, and truck used; At the Towing Carrier's primary office, the Towing Carrier shall also maintain business records relating to personnel, insurance, personnel taxes, payroll, applicable operating authorities, local operating authorities, lien sale actions, Federal Communication Commission licensing, and non-City tows; The City may inspect all Towing Carrier records without notice during normal business hours; Towing Carrier shall permit the City to make copies of business records at its place of business, or to remove business records for the purpose of reproduction. The City shall provide a receipt for any (original) records removed from the place of business; Records shall be maintained and available for inspection for a period of two years plus the current term of this Agreement for Tow Services; and, Failure of the Towing Carrier to comply with the inspection requirements shall be cause for suspension. No Towing Carrier or applicant shall be directly involved in the towing- related business of any other Towing Carrier or applicant on the City's tow rotation; Storage facilities owned by a Towing Carrier, and shared with another Towing Carrier, shall only be approved if the owner/Towing Carrier charges for the space exclusively on a flat monthly rate rather than a C. D. E. F. A. B. 16 November I, 2005 RLS/)s [Towing\Danny's Towing.Agreement] 1 2 3 C. 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 vehicle-by-vehicle basis, or combination thereof. Facilities shared bv Towing Carriers shall be physically separated and secured from each other; The sale or transfer of the controlling interest in a Towing Carrier shall immediately terminate this Agreement for Tow Services subject to the notice of change of ownership provision set forth below in this subsection. A sale or transfer of the controlling interest in a Towing Carrier is defined in Municipal Code Section 5.04.026 as follows: A. Any business registration certificate or any permit issued or granted pursuant to this title is a privilege to be held by the original permittee or certificate holder thereof. It cannot be sold, transferred, assigned or disposed of, in whole or in part, or by voluntary sale, merger, consolidation or otherwise. B. In the event a permittee or certificate holder is a corporation, a new permit or certificate shall be required when there is an actual change in control or when ownership of more than fifty (50%) of the voting stock of the permittee or certificate holder is acquired by a person or group of persons acting in concert, none of whom already own fifty percent (50%) or more of the voting stock, singly or collectively. C. In the event a permittee or certificate holder is a partnership, a new permit or certificate shall be required when there is an actual change in control or when ownership of fifty percent (50%) or more of the capital or profits of the permittee or certificate holder is acquired by a person or group of persons acting in concert, none of whom already own fifty percent (50%) or more of such capital or profits, singly or collectively. A new owner may apply for a rotation tow listing at any time during the remainder of the current Agreement for Tow Services term. However, the open positions on the City's tow rotation will also be opened for applications from other qualified Towing Carriers. Termination for this reason is exempt from the 30 day notice of cancellation 17 November I, 2005 RLS/js [Towing\Danny's Towing.Agreement] I set forth in other provisions of this Resolution. Also refer to requirements 2 in Resolution No. 2005-286 required of new tow services Towing Carriers 3 who wish to apply to the City's tow rotation. The City through its Police 4 Department, shall be notified no later than seven (7) days after a change of 5 ownership in a Towing Carrier on its tow service rotation. Notice shall be 6 given to the Traffic Sergeant at the Police Department. If the City is not so 7 notified within the seven day period, the termination takes effect 8 immediately at the end of the seven day period. If the City is notified of the 9 change of ownership within the seven day period, the Agreement for Tow 10 Services may be assigned or transferred to the new owner. This assignment II or transfer shall be on an interim basis until the selection process of the 12 replacement Towing Carrieres) takes place. In no event, shall assignment 13 or transfer exceed 60 days. The Towing Carrier under new ownership must 14 meet the minimum qualifications in Resolution No. 2005-286 to be placed 15 on the City's tow rotation; and, 16 D. A terminated or suspended Towing Carrier, and/or the Towing Carrier 17 business owner at the time of the suspension or termination, shall not be 18 eligible for a rotation listing for the duration of the suspension or 19 termination. This provision applies to the Towing Carrier working in any 20 capacity within any tow business or operating any tow business, and to the 21 tow business, even if operated under new ownership. This provision does 22 not apply to Section 19(C) regarding termination due to a change in 23 ownership. 24 20. The City shall conduct, at a minimum, one annual meeting to discuss issues 25 concerning the tow rotation. All meetings shall be mandatory for the Towing Carrier or Towing 26 Carrier's designee wishing to remain on rotation. The City shall give the Towing Carrier 30 days 27 written notice of these meetings. 28 21. A. While involved in City rotation tow operations or related business, the RLS/js [Towing\Danny's Towing.Agreement] 18 November 1, 2005 I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 22. B. Towing Carrier and/or employees shall refrain from any acts of misconduct including, but not limited to, any of the following: I) Rude or discourteous behavior; 2) Lack of service, selective service, or refusal to provide service which the Towing Carrier is/should be capable of performing; 3) Any act of sexual harassment or sexual impropriety; 4) Unsafe driving practices; 5) Exhibiting any objective symptoms of alcohol and/or drug use; or, 6) Appearing at the scene of a City rotation tow call with the odor of an alcoholic beverage emitting from the Towing Carrier's employee's breath. The Towing Carrier/tow truck driver shall submit to a preliminary alcohol screening test upon demand of the City; All City related tow service complaints received by the City against a Towing Carrier or Towing Carrier employees will be accepted and investigated in a fair and impartial manner. The Towing Carrier will be notified of the results of any investigation; and, Should the filing of criminal charges be a possibility, the City will conduct the investigation to conclusion or assist the lead investigation agency and, if warranted, request prosecution. The Towing Carrier and employees shall, at all times, comply with federal, state, and local laws and ordinances; I) In the event of a minor traffic violation by a tow truck driver which is known by the City, the Towing Carrier shall be advised of the violation by the City. The Towing Carrier will be granted the opportunity to take necessary steps to ensure that the driver complies with the law. Any subsequent traffic violations may be cause for disciplinary action against the Towing Carrier and/or the C. A. 19 November 1, 2005 RLS/js {Towing\Danny's Towing,Agreement] 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 23. B. involved employees; and, 2) Any flagrant traffic violation may be cause for immediate disciplinary action against the Towing Carrier and/or the involved employees; The provisions contained in any compliance with law provisions in this Agreement do not preclude the City from taking appropriate enforcement or administrative action for any violations of law. Complaints for violations of the law not normally investigated by City will be referred to the agency with investigation jurisdiction; Any conviction of the Towing Carrier or employee involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a drug-related offense, felony driving while under the influence of alcohol and/or a drug, misdemeanor driving while under the influence of alcohol and/or a drug, or moral turpitude while involved in a City rotation tow call shall be cause for removal of the employee from the list of current City rotation tow truck drivers, denial of Towing Carrier application, or termination of the Agreement for Tow Services; and, A Towing Carrier or employee arrested/charged for a violation involving any of the above crimes may be suspended until the case is adjudicated. The City shall take disciplinary action against Towing Carriers for violations investigated and confirmed or sustained. Unless otherwise noted, the City shall determine the period of suspension. The City shall retain discretion regarding the length of any suspension imposed pursuant to the terms and conditions of this Agreement for Tow Services; Records of violations shall be retained by the City for at least 36 months; A violation of the equipment requirements related to safety shan be cause for immediate suspension. The suspension win remain in effect until the c. D. A. B. C. 20 November], 2005 RLS/js {Towing\Danny's Towing.Agreement] 2 3 4 5 6 7 8 9 10 II 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 1. D. period of suspension is completed and the City has conducted an inspection and concluded the Towing Carrier is in compliance; A violation of the GVWR and safe loading requirements of a tow truck may be cause for immediate suspension. This includes exceeding the tow truck's GVWR, front axle weight rating, rear axle weight rating, maximum tire weight ratings, or not maintaining 50 percent of the tow truck's unladen front axle weight on the front axle when in tow; A violation of intentionally overcharging or a pattern of overcharging shall be cause for suspension. The suspension will remain in effect until the period of suspension is completed and the Towing Carrier has presented proof to the City that reimbursement has been made to the aggrieved customer; City personnel shall not be offered gratuities, and requests for gratuities shall not be honored by Towing Carriers, employees, or associates of the Towing Carrier. A violation of this section shall be cause for suspension or termination; Failure of the Towing Carrier to satisfy a court order mandating reimbursement to the vehicle owner or property owner for the damage or loss which occurred while the vehicle was in the Towing Carrier's custody will result in a suspension. The suspension will remain in effect until the period of suspension is completed and the Towing Carrier has presented proof of the reimbursement; Failure of the Towing Carrier to comply with the inspection requirements of this Agreement for Tow Services will result in a suspension. The suspension will remain in effect until the period of suspension is completed and the Towing Carrier has complied with the inspection requirement; Failure of the Towing Carriers to send tow truck drivers who are qualified and competent employees on City calls shall be cause for suspension. The E. F. G. H. 21 RLS/js [Towing\Danny's Towing.Agreement] November 1, 2005 2 3 4 5 6 7 8 9 to II 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 24. J. suspension will remain in effect until the period of suspension is completed and the Towing Carrier has presented proof to the City that the driver is qualified and competent; Failure of the Towing Carrier to maintain the minimum Insurance requirements set forth in the Agreement for Tow Services will immediately nullify the Agreement for Tow Services. The Towing Carrier will be subject to an additional suspension for failure to notify the City in advance of the insurance policy expiration or cancellation; and, Failure of the Towing Carrier or employee to comply with law provisions, Demeanor and Conduct and/or compliance with law provisions may be cause for suspension if deemed appropriate by the City. Minor violations of the terms and conditions of the Agreement for Tow Services may be cause for disciplinary action in the following manner: 1. First violation within a 12 month period - letter of written reprimand; 2. Second violation within a 12 month period - 1 to 30 day suspension; 3. Third violation within a 12 month period - 60 to 90-day suspension; and, 4. Fourth violation within a 12 month period - termination of the Agreement for Tow Services. Note: In lieu of termination, the City may impose additional suspensions for longer periods, if deemed appropriate; Violations of the terms and conditions of the Agreement for Tow Services that are subject to suspension for the first violation are categorized as major violations. Any subsequent or continuing major violation may be cause for termination; 1. When considering punitive action for a major violation of the Agreement for Tow Services, the City may take into consideration K. A. B. 22 November 1, 2005 RLS/js [Towing\Danny's Towing.Agreement] 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 25. c. all major and minor violations that occurred within 36 months prior to the date of the current violations; and, 2. Termination shall be invoked if, in the City's judgment, continued participation in the Rotation Tow Program by the affected Towing Carrier may result in a hazard to public safety and/or welfare, or the Towing Carrier has been convicted of a crime listed in paragraph 22C; and, Nothing herein shall be deemed to prohibit the City from immediately suspending any Towing Carrier or employee whose conduct, in the opinion of the City, is deemed to be a danger to the motoring public or who has engaged in conduct constituting a flagrant violation of the Agreement for Tow Services. In the event the City serves the Towing Carrier with disciplinary action, the Towing Carrier may request a hearing within seven calendar days by submitting a request in writing to the Traffic Sergeant at the Police Department. If a hearing is requested, it shall be held as soon as practible. The hearing shall be conducted by the Traffic Sergeant or designee, and the Towing Carrier shall be entitled to present all relevant facts and circumstances in support of the Towing Carrier's position. The Towing Carrier shall be further entitled to present testimony of at least one qualified person. The Towing Carrier shall be notified in writing of the Traffic Sergeant's decision(s) within ten business days of the date of completion of the hearing; Following a hearing, if the Towing Carrier is dissatisfied with the Traffic Sergeant's decision(s), the Towing Carrier may appeal by submitting a request in writing to the City Clerk, pursuant to Municipal Code Chapter 2.64, and paying any applicable fees; and, A suspension shall not take effect until the hearing and appeal process has A. B. c. 23 November 1, 2005 RLS/js [Towing\Danny's Towing.Agreement] 1 been exhausted, with the exception of Towing Carriers whose conduct is deemed to be a danger to the motoring public or who continue to violate the terms and conditions of this Agreement for Tow Services. If a Towing 2 3 4 Carrier fails to request a hearing or appeal, the action taken by the City shall be final, and the suspension shall take effect upon written notification to the Towing Carrier by the City. 5 6 7 26. The Towing Carrier shall not display any sign or engage in any advertisement 8 indicating an official or unofficial connection with the City or Department of Motor Vehicles. 9 27. Either party may cancel this Agreement for Tow Services by giving 30 days written 10 notice to the other party. Cancellation shall not be subject to the appeals provisions of Resolution 11 No. 2005-286 and this Agreement for Tow Services. 12 28. Upon reasonable advance written notice, City shall have the right to review and 13 audit the books of Towing Carrier's place of business and during business hours. 14 29. The parties understand and agree that this Agreement grants Towing Carrier a non- 15 exclusive franchise. 16 30. Towing Carrier shall also comply with all provisions of the Resolution of the Mayor 17 and Common Council of the City of San Bernardino Establishing Standard Criteria for Companies 18 to Provide Tow Services for the City of San Bernardino as said Resolution exists and/or as said 19 Resolution may be amended from time to time. 20 31. This Agreement represents the entire Agreement between the City and the Towing 21 Carrier and fully supersedes any and all previous Agreements entered into by and between the City 22 of San Bernardino and DANNY'S TOWING. 23 32. Any notice to be given pursuant to this Agreement by either party to the other shall 24 de deposited with the United States Postal Service, postage prepaid, and addressed as follows: 25 To the City: City Administrator 300 North "D" Street San Bernardino, CA 92418 26 27 / / / 28 / / / RLS/js [Towing\Danny's Towing,Agreement! 24 November 1, 2005 2 To Towing Carrier: DANNY'S TOWING 2305 W. Highland Avenue San Bernardino, CA 92407-6405 3 4 Nothing in this paragraph shall be construed to prevent the giving of notice by personal 5 servIce. 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and 7 date first above shown. 8 9 10 II Attest: 12 By: 13 14 15 CITY OF SAN BERNARDINO By: Mayor Judith Valles TOWING CARRIER By: Print Name: 16 Approved as to Form 17 and Legal Content: 18 JAMES F. PENMAN City Attorney I fc ' -:;. z.......-, ,c--z..v,--",,-- 19 20 21 22 ' 23 24 25 26 27 28 RLS/js [Towing\Danny's Towing.Agreement] 25 November 1, 2005 1 2 3 4 5 6 7 8 9 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY OF SAN BERNARDINO TO ENTER INTO AN AGREEMENT FOR TOW SERVICES WITH HAYES TOWING, CONSISTENT WITH RESOLUTION 2005-286. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and Common Council of the City of San Bernardino authorize the Mayor to execute on behalf of said City, an Agreement for Tow Services with 10 11 Hayes Towing. A copy of said agreement is attached hereto marked Exhibit 'D' and 12 incorporated herein by reference as though fully set forth at length. 13 14 The authorization to execute the above referenced amendment is SECTION 2. rescinded ifnot issued with sixty (60) days of the passage of this resolution. I 15 16 17 18 19 III III III III 20 III 21 III 22 III 23 24 25 III 26 27 28 ~.d-lDD I 'J-/I '1/05 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY OF SAN BERNARDINO TO ENTER 2 INTO AN AGREEMENT FOR TOW SERVICES WITH HAYES TOWING, CONSISTENT WITH RESOLUTION 2005-286. 3 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 meeting 6 7 thereof, held on the day of 8 Council Members: AYES NAYS 9 ESTRADA 10 LONGVILLE 11 MCGINNIS 12 DERRY 13 KELLY 14 15 JOHNSON 16 MCCAMMACK 17 , 2005, by the following vote. to wit: ABST AIN ABSENT Rachel G. Clark. CITY CLERK 18 19 20 21 22 The foregoing resolution is hereby approved this _ day of ,2005. Judith Valles, Mayor City of San Bernardino 23 Approved as to form and legal content: 24 25 JAMES F. PENMAN City 1\jorney . ,j' 26 By:;..~ J,., :; "I. '.-........ ,/ .' 27 / j / / . ! 28 ATTACHMENT 'D' AGREEMENT FOR TOW SERVICES ') (EXISTING TOWING CARRIERS) 3 THIS AGREEMENT FOR TOW SERVICES entered into this I" day of December 2005, 4 by and between the CITY OF SAN BERNARDINO ("City") and HAYES TOWING ("Towing 5 Carrier") shall become effective December 1,2005. 6 The parties hereto agree as follows: 7 Towing Carrier hereby agrees to provide tow services to the City of San Bernardino 8 pursuant to terms and conditions contained in this Agreement. 9 I. Towing Carrier shall meet the following minimum requirements: lOA. Have a minimum storage space for 200 vehicles with a minimum of twelve II inside spaces; outside storage lots must be adequately lighted; 12 B. Have an attendant on call twenty-four (24) hours a day, seven days a week 13 at place of business; 14 C. Have no more than two telephone numbers listed with any City department; 15 D. Store towed vehicles in a safe and protected space where the vehicles and 16 their contents will not be accessible to thieves nor be damaged by activity in the Towing Carrier's 17 establishment or from the elements or by vandals; no vehicles shall be left parked or stored on the 18 public streets at anytime; in no event shall the city be liable for any theft, vandalism or damage 19 occurring to any such vehicle or its contents; 20 E. Post a tag on the windshield on all cars ordered impounded by the City; 21 F. Collect all towing or hauling and storage charges on each vehicle from the 22 owner; in no event shall the city be liable for any such charge; 23 G. Whenever a vehicle has been involved in an accident or a traffic violation, 24 and the owner or someone delegated by him is present and is capable of removing the vehicle from 25 the street with reasonable dispatch, and the vehicle is not needed for criminal evidence, City 26 and/or Towing Carrier shall permit the owner or his delegate to remove the vehicle or call a 27 Towing Carrier of his or her own choice to remove the same; provided, however, that if the street 28 cannot be cleared for safe public use with reasonable dispatch by the above method, and in all RLS/js [Towing\Hayes Towing.Agreement] I November], 2005 situations other than above set forth, a Towing Carrier from the top of the rotation list will be 2 called by the City; 3 H. Furnish each owner with a fully itemized billing; 4 I. Immediately after each towing operation, make a towing slip with the 5 contents of each vehicle placed in his or her care itemized thereon as verified by the officer 6 ordering the same and make the slip available to the City on request; 7 J. Release no impounded vehicle without first having obtained a release from 8 the City to do so; 9 K. Agree to a rotation system established by the City; 10 L. Comply with all rules, regulations and laws of the State of California, 11 County of San Bernardino and City of San Bernardino; 12 M. Have adequate equipment to handle calls from the City, impounds, and 13 storage of motor vehicles; 14 N. The carrier shall operate from a location within the City of San Bernardino, 15 and all of the facilities necessary to comply with the provisions of this resolution shall be located 16 within the City of San Bernardino; 17 O. Carry a broom, trash can and sand, clean and remove broken glass, spilled 18 oil, or gasoline from the area before departing, unless directed not to do so by police officers 19 and/or designated City employees at the scene; 20 P. Each Towing Carrier shall maintain insurance pursuant to the requirements 21 set forth below. The City of San Bernardino shall be named as an additional insured on all 22 policies including the workers compensation policies. Towing Carriers shall provide an 23 endorsement to each policy showing the City as an additional insured: 24 1) The Towing Carrier shall maintain the following minimum levels of 25 insurance from an insurance carrier admitted in California, or 26 admitted in the state in which the Towing Carrier business IS 27 located, and is authorized to do business in California: 28 a) Minimum Level of Financial Responsibility (as required by RLS/js [Towing\Hayes Towing.Agreement] 2 November 1, 2005 2 3 4 5 6 7 8 9 10 II 12 13 14 IS 16 17 18 19 20 Q. 21 22 23 24 25 26 27 28 Section 34631.5 of the California Vehicle Code) - Bodily injury and property damage with a combined single limit of not less than $750,000 for Class A tow trucks. These minimum standards are to include non-owned and hired auto coverage; b) Uninsured Motorist - Legal mInimUm, combined single limit; c) On-Hook Coverage/Cargo - Insuring the vehicle in tow with limits based on the size of the tow truck; and, d) Garage Liability/Garage Keeper's liability - Includes premises and operations. Coverage for bodily injury and property damage with a combined single limit of not less than $500,000; 2) Proof of insurance shall be in the form ofa certificate of insurance. Policy expiration or cancellation will immediately nullify the Agreement for Tow Services between the Towing Carrier and the City. The Towing Carrier's insurance policy shall provide for not less than 30 days written notice to the City in the event the insurance policy is canceled or is due to expire; and, Tow vehicles shall be rated at a minimum of 14000 GVWR. (Class A) 1) Tow Truck and Car Carrier Classifications: Tow truck and car carrier classifications are based on the truck chassis Gross Vehicle Weight Rating (GVWR) and the classification system used by the American Trucking Association (AT A) and truck manufacturers; 2) Towing Limitations; a) The total weight of the truck, including the lifted load, shall fall within the GVWR and not exceed either the Front Axle Weight Ratings (FAWR) or Rear Axle Weight Ratings 3 November 1, 2005 RLSljs [Towing\Hayes Towing,Agreement] I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RLS/js [Towing\Hayes Towing.Agreement] 3) (RAWR); b) All tow trucks and car carriers shall be equipped and in compliance with the most recent electronic version of the California Highway Patrol Tow Truck Inspection Guide (CHP 234B); and, c) The truck must meet all applicable state and/or federal standards; Identification Labels: Each piece of towing equipment shall have a label or identification tag permanently affixed to the equipment in a prominent location to identify the manufacturer, serial number, model, and rated capacity; Recovery Equipment Rating: The basic performance rating of the recovery equipment is the weight the equipment can lift in a winching mode, when the boom is static at a 30 degree elevation with the load lines vertical and the lifting cables sharing the load equally, measured with a live load (weight or load cell); a) The structural design of the recovery equipment must have a higher load capacity than the performance ratings; b) Winches shall conform to or exceed the specifications set forth by the Recovery Equipment Rating (SAE) Handbook, SAE 1706; and, c) All ratings for cable and chain assemblies are for the undamaged assembly condition. All cable and chain assemblies should be the same type, construction, and rating as specified by the original equipment manufacturer (OEM) for the equipment; Control/Safety Labels: All controls shall be clearly marked to indicate proper operation, as well as any special warmngs or 4) 5) 4 November], 2005 cautions; 2 6) Uniforms: City rotation tow drivers shall wear an identifiable 3 uniform shirt displaying the Towing Carrier and driver's names 4 while engaged in City rotation tow operations; and, 5 7) Safety Vests: City rotation tow drivers shall wear a safety vest or 6 reflectorizing clothing, meeting Occupational Safety and Health 7 Administration (OSHA) requirements. 8 Towing Carrier is not exempt from meeting legal requirements imposed by any city, 9 county, State or Federal laws or regulations. An example of this is the Clean Water Act. 10 Per Call Rotation System II 2. The City shall establish a per call rotation system of qualified Towing Carriers who 12 have entered into Agreements with the City for the performance of towing services in response 13 to calls from the City. All departments of the City shall comply with the rotation system. 14 3. Towing Carrier shall comply with and qualify under all the minimum requirements 15 set forth in this Agreement as a condition precedent to being eligible to be placed on the rotation 16 list: 17 A. 18 19 20 21 22 23 24 25 26 27 28 The City shall maintain a rotation tow list for Class A tow trucks to ensure an equitable distribution of calls. Nothing in this Agreement for Tow Services shall prohibit the City from requesting a specific Towing Carrier when, in the on scene supervisor's opinion, the necessary resources to clear a hazard as expeditiously as possible are not available from the Towing Carrier currently at the top of the rotation tow list. If the City needs a tow vehicle that exceeds that of a Class A tow truck, the City may, in its discretion, contact a Towing Carrier with the size of tow truck needed. In such an instance, the Towing Carrier selected would be the next Towing Carrier on the list which has the qualifications (equipm~nt, skills, timelines, etc.) to provide the required service. After the request, the selected Towing Carrier would then go to the bottom of the rotation tow list. Towing RLS/]s [Towing\Hayes Towing.Agreement] 5 November I. 2005 I 2 3 B. 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Carriers on the same list that were by-passed would remain in the same order until their selection for a rotation tow for which they are qualified; A call to a Towing Carrier shall constitute one turn on the list and the Towing Carrier shall be moved to the bottom of the list. This includes when the Towing Carrier fails to answer the phone, is unable to respond, is unable to perform the required service, refuses to respond or provide service, or is canceled due to excessive response time. If it is determined that the Towing Carrier is not needed and is canceled by the City, up to and including arrival at the scene and standby time which does not result in a tow, there shall be no charges and the Towing Carrier will be placed back at the top of the list; I) If the Towing Carrier is canceled by the vehicle's registered owner or agent prior to the towing carrier taking possession of the vehicle, there shall be no charges for towing. The Towing Carrier shall immediately contact the City and advise them of the cancellation. The Towing Carrier will then be placed back at the top of the list; and, 2) If service, other than towing, recovery, and load salvage, has begun and is canceled by the vehicle' s registered owner or agent, the Towing Carrier may charge one-half of the regular hourly service charge for the time expended on the call. For purposes of cancellation, service begins when physical work on the vehicle has begun, not the response. No lien shall arise for the service unless the Towing Carrier has presented a written statement to the vehicle's registered owner or agent for the signed authorization of services to be performed. The Towing Carrier shall not attempt to take possession of the vehicle in order to establish a lien for any non-towing services performed, or begun and subsequently 6 RLS/)s [Towing\Hayes Towing.Agreement] November 1, 2005 canceled, when not entitled to such lien by law; ~ C. If two or more Towing Carriers are called to the same incident, distribution 3 of the vehicles shall be at the discretion of the on-scene supervisor; 4 D. Towing Carriers shall have a minimum of three (3) verifiable years of for- 5 hire towing experience, as an owner or principal, prior to the final filing 6 date of an enrollment period in order to qualify for a rotation tow listing; 7 I) Towing Carriers and owners who do not meet the three year 8 verifiable for-hire towing experience may be considered for a 9 position on the City rotation tow list if a full-time manager who 10 possesses the required tow management experience is employed by II the Towing Carrier. An owner/Towing Carrier who releases 12 vehicles, completes lien sale paperwork, and other tow business 13 related documents for three years in the Towing Carrier, with the 14 qualified manager, will fulfill the three years for-hire towing 15 experience requirement; and, 16 4. Towing Carrier shall give or cause to be given written notice to the registered and 17 legal owners of each vehicle which is towed in conformity with the authorization and requirements 18 of this Agreement concerning the fact of such towing, the place at which such vehicle is stored and 19 the imposition of charges for towing, storage and related services whenever the Towing Carrier 20 knows or is able to ascertain from the registration records in the vehicle or from the registration 21 records of the Department of Motor Vehicles the name and address of the registered and legal 22 owners. The notice shall be given not more than ten (10) days from the date of the towing of the 23 vehicle by the Towing Carrier. 24 5. Every tow truck which is subject to the provisions of this Agreement and which by 25 Agreement responds to calls for service by the City, shall be clearly marked on both sides of the 26 cab with the name and telephone number of the Towing Carrier which operates the truck. 27 6. City shall enter into Agreements with Towing Carriers not to exceed one Towing 28 Carrier per 35,000 residents of the City. RLS/js [Towing\Hayes Towing.Agreement] 7 November I, 2005 7. This Agreement may be canceled by either party, without prejudice, upon thirty 2 (30) days written notice to the other party. 3 8. Each month, Towing Carrier shall submit a list of all vehicles towed the previous 4 month, including license plate numbers and vehicle identification numbers. 5 9. Towing Carrier shall charge for services on calls by the City in an amount not to 6 exceed ten dollars ($10) above the hourly rate set by the California Highway Patrol: 7 A. The rate for towing shall be computed from portal to portal. Time 8 expended shall be charged at a rate not to exceed the hourly rate. Time 9 expended in excess of the minimums shall also be at the hourly rate in no 10 more than one-minute increments. There shall be no additional charges for 11 mileage, labor, etc; 12 1) The Towing Carrier may charge up to a thirty-minute minimum per 13 call for any service or tow which is performed when the vehicle 14 operator or agent is present and the vehicle is not stored at the 15 discretion of an officer; and, 16 2) The Towing Carrier may charge up to a one-hour minimum per call 17 on responses which result in storage of a vehicle at the direction of 18 an officer; 19 B. Rates for a service call (out of gas, lockouts, tire changes, etc.) shall be 20 from portal to end of service, and may be at the hourly rate with a thirty- 21 minute minimum. Charges in excess of thirty-minutes may be charged in 22 no more than one-minute increments; and, 23 24 25 C. The charge for after-hours release shall be no more than one-half the hourly rate, and shall only be allowed on weekends, holidays, and outside normal business hours. 26 10. Standby time for tow trucks will begin one (1) hour after receipt of calls from the 27 City, and is defined to mean the time consumed after the first hour in necessary preparations in 28 order to tow the disabled vehicle and in cleaning up the immediate surrounding area. RLS/js [Towing\Hayes Towing.Agreement] 8 November I, 2005 11. A. Towing Carrier shall charge for services for storage at the rates set by the California Highway Patrol for this area; 1) Fees for inside storage shall be charged only when inside storage is requested by the City, registered owner, legal owner, insurance company, or when the inside storage can otherwise be justified by the Towing Carrier; 2) The Towing Carrier shall display in plain vIew at all cashiers stations, a sign as described in Section 3070 of the Civil Code, disclosing all storage fees and charges in force, including the maximum storage rate; 3) Vehicles stored 24 hours or less shall be charged no more than one day storage; and, 4) Storage of vehicles in combination may be charged a per vehicle rate except for dollies, con-gear, etc., Dollies and con-gear may be charged a storage rate not to exceed Class A storage fees; The approved schedule of rates charged by the Towing Carrier shall be available in the tow truck, and shall be presented upon demand to the persons for whom the tow services were provided, their agent, or any officer at the scene; Rate requirements represent the maximum a Towing Carrier may charge on 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 B. c. 21 a City call. A Towing Carrier is not precluded from charging less when 22 deemed appropriate by the Towing Carrier. These requirements shall not 23 be construed as requiring a charge if a Towing Carrier would not normally 24 charge for such service; and, 25 D. Towing Carrier or employee shall not refer to any rate as required or set by 26 the City. 27 12. In the event that a towed vehicle is forfeited by the owner in accordance with 28 Section 14607.6 of the California Vehicle Code, the proceeds of the sale of the vehicle shall be RLS/Js [Towing\Hayes Towing.Agreement) 9 November I. 2005 I distributed pursuant to said section of said Code. 2 13. Towing Carrier shall be charged a franchise fee. No later than January 20 of each 3 year, the police department shall determine the average monthly franchise fees based on a cost 4 analysis and the average number of tows in the prior fiscal year. The Towing Carrier list will pay 5 an equal share of the franchise fees on a monthly basis. This franchise fee shall be paid from the 6 Towing Carrier profits and shall not be passed on to the vehicle owners. Should the total number 7 of Towing Carriers on the rotation list change, the franchise fee will be adjusted accordingly 8 among the Towing Carriers. Ten days notice shall be given to the participating Towing Carrier 9 of any change in the amount to be paid to the City. 10 14. The Administrative fee set by Resolution of the Common Council will be collected 11 by the San Bernardino Police Department. 12 15. A. The Towing Carrier shall ensure that tow truck drivers responding to calls 13 initiated by the City are qualified and competent employees of the Towing 14 Carrier's company. The Towing Carrier shall ensure that the tow truck 15 drivers are trained and proficient in the use of the tow truck and related 16 equipment, including, but not limited to, the procedures necessary for the 17 safe towing and/or recovery of the various types of vehicles serviced 18 through City rotation. Tow drivers shall perform all towing and recovery 19 operations in the safest and most expedient manner possible. Tow truck 20 drivers shall be at least 18 years of age and shall possess the proper class 21 license and endorsements for the towed and towing vehicle; 22 B. The Towing Carrier shall maintain a current list of drivers; and, 23 C. All tow truck drivers and owner/Towing Carriers shall be enrolled in the 24 Pull Notice Program; 25 1) Upon the addition of new drivers, a Towing Carrier will be granted 26 a maximum of 30 days to enroll drivers in the Pull Notice Program; 27 2) Pull Notices shall be kept on file, signed, and dated by the Towing 28 Carrier; and, RLS/js ITowing\Hayes Towing.Agreement] 10 November I. 2005 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 16. A. 3) The City may require a Towing Carrier to provide copies of Pull Notice Reports to the City. The Towing Carrier shall respond to calls 24 hours a day, seven days a week. Between 6:00 a.m. and 6:00 p.m., the response time shall be no more than twenty (20) minutes. Between 6:00 p.m. and 6:00 a.m. the response shall be no more than thirty (30) minutes. The Towing Carrier shall respond with a tow truck of the class required to tow the vehicle specified by the City. The Towing Carrier shall advise City dispatch, at the time of notification, if they are either unable to respond or unable to meet the maximum response time. If, after accepting the call, the Towing Carrier is unable to respond or will be delayed in responding, the Towing Carrier shall immediately notify the appropriate City department. The Towing Carrier shall not assign any calls to other Towing Carriers; 1) A failure to respond to perform the required towing or service and/or repeated failures to meet the maximum response time requirements shall constitute a failure to comply with the terms and conditions of this Resolution and the Agreement for Tow Services; 2) The City may take immediate disciplinary action for any violation of the requirement to respond within the maximum response time; and, 3) When a Towing Carrier will be temporarily unavailable to provide services due to a pre-planned or scheduled activity, the Towing Carrier shall notify the City at least 24 hours prior to the date that services will be unavailable, noting the times and dates of the unavailability; The Towing Carrier, or Towing Carrier's employees responding to a call, shall perform the towing or service required for which they were called unless the requested equipment is inadequate for the service to be B. II November I, 2005 RLS/js [Towing\Hayes Towing.Agreement] 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 17. c. performed; and, Only the tow truck personnel and equipment requested shall respond to a City call. A Towing Carrier shall not respond to a City call assigned to another Towing Carrier unless requested to do so by the City; 1) This shall not preclude the Towing Carrier from responding to an incident to ascertain if additional assistance or equipment is required. There shall be no additional charge for any personnel or equipment that is not necessary to perform the required service; 2) There may be times when the Towing Carrier assigned the initial call may require the assistance of an additional Towing Carrier at the scene. The Towing Carrier assigned the initial call may, subject to prior Agreement with the City and with the concurrence of the on scene supervisor, request a specific Towing Carrier for assistance. The request shall be routed to the additional Towing Carrier through the City; and, 3) There may be times when a Towing Carrier, who was not called to a scene, comes upon a collision scene where a vehicle or vehicles are blocking a roadway and an officer requests assistance in clearing the roadway. In such a case, the Towing Carrier may be requested to move the vehicle to a safe location, as directed by the officer, and leave it. There shall be no charge for this assistance and the assistance provided shall not change the Towing Carrier's place in the rotation. . The Towing Carrier shall be responsible for the security of vehicles and property at the place of storage. At a minimum, a fenced or enclosed area shall be provided. The Towing Carrier is responsible for the reasonable care, custody, and control of any property contained in towed or stored vehicles; A. 12 November 1, 2005 RLS/js [Towing\Hayes Towing Agreement] 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. The Towing Carrier shall obtain approval from the City prIor to the removal of any property from a stored or impounded vehicle and shall provide a receipt, with a copy placed in the stored vehicle. The requirement to obtain approval from the City prior to the removal of property may be excused by the City if it is determined that proper safeguards and procedures are utilized by the Towing Carrier; I) This requirement may not be waived in cases where a vehicle has been impounded for evidence or investigation; 2) Upon approval from the City, the Towing Carrier shall release personal property from an impounded vehicle at the request of the vehicle registered owner or agent; a) There shall be no charge for the release of personal property during normal business hours. Towing Carrier may charge an after hours release fee for property released after normal business hours, consistent with the after-hours vehicle release provisions; and, b) Personal property is considered to be items which are not affixed to the vehicle. Personal property from a stored vehicle shall be released upon request of the vehicle registered owner or agent. Responses are mandatory on weekends, holidays, and outside normal business hours, provided the vehicle's current registered owner or owner's authorized agent are available for return of personal property. Payment for an after-hour release of property may be required at the time of the release; and, 3) Cargo shall be released upon demand of the carrier or pursuant to a court order; The primary storage facility shall normally be at the same location as the c. \3 November I, 2005 RLS/js fTowing\Hayes Towing.Agreementj 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D. business address. If not at the same location, there shall be no charge for any additional distance traveled to and from a secondary location. The vehicle and/or personal property shall be released at the primary storage facility or place of business upon request of the registered owner or a person having a legal entitlement to the vehicle and/or property. I) Prior to the utilization of new storage facilities that were not listed on the application for rotation tow listing, the Towing Carrier shall furnish the address and obtain the City's approval; and, 2) Secondary storage facilities shall be located reasonably close to the main business office; 3) All storage facilities shall meet all legal requirements for such facility; Towing Carrier's place of business shall have a sign that clearly identifies it to the public as a towing service. The sign shall have letters that are clearly visible to the public from the street. The sign shall be visible at night; For the purpose of this Agreement for Tow Services, "normal business hours" shall not be less than 8 a.m. to 5 p.m., Monday through Friday, except for the following recognized holidays: New Year's Day, Martin Luther King Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, day after Thanksgiving Day, and Christmas Day; Business hours shall be posted in plain view to the public. Offices staffed with only one employee may be closed for one hour at lunch. A sign shall be posted with the reason for closure. The sign shall have a phone number where a request will result in an immediate response to release property or vehicles. Response to the office shall be within the time frame required for tow response; E. F. 14 RLS/Js [Towing\Hayes Towing.Agreement] November I, 2005 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G. Employees shall be properly trained to conduct business transactions related to towing, storage, and release of vehicles/property; and, The City shall ensure that proper provisions are in place for the release of all impounded vehicles. Towing Carrier shall respond for after-hours release of vehicles when requested by the current registered owner or owner's authorized agent. The Towing Carrier shall accept all guaranteed forms of payment including, without limitation, money orders, certified checks, debit cards and all widely accepted credit cards. There shall be no surcharge for the use of a credit card. If the form of payment cannot be accepted by the Towing Carrier due to any failure by the Towing Carrier or Towing Carrier's payment processing equipment, Towing Carrier shall not charge storage fees beyond date of such failure. The Towing Carrier shall post in its office a list of rights of the owner of the vehicle under this Agreement for Tow Services. The rights are set forth on Exhibit E to this Resolution. A stored vehicle shall be released to the registered owner upon presentation of the registration and valid proof of identification and payment of all towing and storage charges. If the registration is not immediately available, the Towing Carrier shall obtain the registered owner's information from DMV records as soon as possible. If the Towing Carrier does not release the vehicle as required by this subsection, storage charges shall cease on the date of presentation of the documentation and payment of the accrued charges. An impounded vehicle shall be released to the person named in the Tow Release Form issued by the San Bernardino Police Department upon payment of towing and storage charges and presenting valid proof of identification. If the Towing Carrier does not release the vehicle as H. I. J. K. 1. 15 November I, 2005 RLS/Js [Towing\Hayes Towing.Agreement] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 18. 19. A. required by the subsection, storage charges shall cease on the date of presentation of the documentation and payment of the accrued charges. The Towing Carrier shall maintain records of all tow services furnished. The records will be maintained at the Towing Carrier's place of business. Invoices shall at a minimum include a description of each vehicle, nature of service, start time, end time, location of call, itemized costs of towing and storage, the tow truck driver's name, and truck used; At the Towing Carrier's primary office, the Towing Carrier shall also maintain business records relating to personnel, insurance, personnel taxes, payroll, applicable operating authorities, local operating authorities, lien sale actions, Federal Communication Commission licensing, and non-City tows; The City may inspect all Towing Carrier records without notice during normal business hours; Towing Carrier shall permit the City to make copies of business records at its place of business, or to remove business records for the purpose of reproduction. The City shall provide a receipt for any (original) records removed from the place of business; Records shall be maintained and available for inspection for a period of two years plus the current term of this Agreement for Tow Services; and, Failure of the Towing Carrier to comply with the inspection requirements shall be cause for suspension. No Towing Carrier or applicant shall be directly involved in the towing- related business of any other Towing Carrier or applicant on the City's tow rotation; Storage facilities owned by a Towing Carrier, and shared with another Towing Carrier, shall only be approved if the owner/Towing Carrier charges for the space exclusively on a flat monthly rate rather than a B. c. D. E. F. A. B. 16 November 1, 2005 RLS/js [Towing\Hayes Towing.Agreement] 2 3 C 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vehicle-by-vehicle basis, or combination thereof. Facilities shared by Towing Carriers shall be physically separated and secured from each other; The sale or transfer of the controlling interest in a Towing Carrier shall immediately terminate this Agreement for Tow Services subject to the notice of change of ownership provision set forth below in this subsection. A sale or transfer of the controlling interest in a Towing Carrier is defined in Municipal Code Section 5.04.026 as follows: A. Any business registration certificate or any permit issued or granted pursuant to this title is a privilege to be held by the original permittee or certificate holder thereof. It cannot be sold, transferred, assigned or disposed of, in whole or in part, or by voluntary sale, merger, consolidation or otherwise. B. In the event a permittee or certificate holder is a corporation, a new permit or certificate shall be required when there is an actual change in control or when ownership of more than fifty (50%) of the voting stock of the permittee or certificate holder is acquired by a person or group of persons acting in concert, none of whom already own fifty percent (50%) or more of the voting stock, singly or collectively. C. In the event a permittee or certificate holder is a partnership, a new permit or certificate shall be required when there is an actual change in control or when ownership of fifty percent (50%) or more of the capital or profits of the permittee or certificate holder is acquired by a person or group of persons acting in concert, none of whom already own fifty percent (50%) or more of such capital or profits, singly or collectively. A new owner may apply for a rotation tow listing at any time during the remainder of the current Agreement for Tow Services term. However, the open positions on the City's tow rotation will also be opened for applications from other qualified Towing Carriers. Termination for this reason is exempt from the 30 day notice of cancellation 17 November 1, 2005 RLS/js [Towing\Hayes Towing.Agreemcntj set forth in other provisions of this Resolution. Also refer to requirements 2 in Resolution No. 2005-286 required of new tow services Towing Carriers 3 who wish to apply to the City's tow rotation. The City through its Police 4 Department, shall be notified no later than seven (7) days after a change of 5 ownership in a Towing Carrier on its tow service rotation. Notice shall be 6 given to the Traffic Sergeant at the Police Department. If the City is not so 7 notified within the seven day period, the termination takes effect 8 immediately at the end of the seven day period. If the City is notified of the 9 change of ownership within the seven day period, the Agreement for Tow 10 Services may be assigned or transferred to the new owner. This assignment II or transfer shall be on an interim basis until the selection process of the 12 replacement Towing Carrier(s) takes place. In no event, shall assignment 13 or transfer exceed 60 days. The Towing Carrier under new ownership must 14 meet the minimum qualifications in Resolution No. 2005-286 to be placed IS on the City's tow rotation; and, 16 D. A terminated or suspended Towing Carrier, and/or the Towing Carrier 17 business owner at the time of the suspension or termination, shall not be 18 eligible for a rotation listing for the duration of the suspension or 19 termination. This provision applies to the Towing Carrier working in any 20 capacity within any tow business or operating any tow business, and to the 21 tow business, even if operated under new ownership. This provision does 22 not apply to Section 19(C) regarding termination due to a change in 23 ownership. 24 20. The City shall conduct, at a minimum, one annual meeting to discuss issues 25 concerning the tow rotation. All meetings shall be mandatory for the Towing Carrier or Towing 26 Carrier's designee wishing to remain on rotation. The City shall give the Towing Carrier 30 days 27 written notice of these meetings. 28 21. A. While involved in City rotation tow operations or related business, the RLS/js [Towmg\Hayes Towing.Agreemenl} 18 November I, 2005 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Towing Carrier and/or employees shall refrain from any acts of misconduct including, but not limited to, any of the following: I) Rude or discourteous behavior; 2) Lack of service, selective service, or refusal to provide service which the Towing Carrier is/should be capable of performing; 3) Any act of sexual harassment or sexual impropriety; 4) Unsafe driving practices; 5) Exhibiting any objective symptoms of alcohol and/or drug use; or, 6) Appearing at the scene of a City rotation tow call with the odor of an alcoholic beverage emitting from the Towing Carrier's employee's breath. The Towing Carrierltow truck driver shall submit to a preliminary alcohol screening test upon demand of the City; All City related tow service complaints received by the City against a Towing Carrier or Towing Carrier employees will be accepted and investigated in a fair and impartial manner. The Towing Carrier will be notified of the results of any investigation; and, Should the filing of criminal charges be a possibility, the City will conduct the investigation to conclusion or assist the lead investigation agency and, if warranted, request prosecution. The Towing Carrier and employees shall, at all times, comply with federal, state, and local laws and ordinances; 1) In the event of a minor traffic violation by a tow truck driver which is known by the City, the Towing Carrier shall be advised of the violation by the City. The Towing Carrier will be granted the opportunity to take necessary steps to ensure that the driver complies with the law. Any subsequent traffic violations may be cause for disciplinary action against the Towing Carrier and/or the B. c. 22. A. RLSfjs [Towing\Hayes Towing_Agreement} 19 November I, 2005 I 2 3 4 5 6 7 8 9 10 II 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 B. C. 23. D. involved employees; and, 2) Any flagrant traffic violation may be cause for immediate disciplinary action against the Towing Carrier and/or the involved employees; The provisions contained in any compliance with law provisions in this Agreement do not preclude the City from taking appropriate enforcement or administrative action for any violations of law. Complaints for violations of the law not normally investigated by City will be referred to the agency with investigation jurisdiction; Any conviction of the Towing Carrier or employee involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a drug-related offense, felony driving while under the influence of alcohol and/or a drug, misdemeanor driving while under the influence of alcohol and/or a drug, or moral turpitude while involved in a City rotation tow call shall be cause for removal of the employee from the list of current City rotation tow truck drivers, denial of Towing Carrier application, or termination of the Agreement for Tow Services; and, A Towing Carrier or employee arrested/charged for a violation involving any of the above crimes may be suspended until the case is adjudicated. The City shall take disciplinary action against Towing Carriers for violations investigated and confirmed or sustained. Unless otherwise noted, the City shall determine the period of suspension. The City shall retain discretion regarding the length of any suspension imposed pursuant to the terms and conditions of this Agreement for Tow Services; Records of violations shall be retained by the City for at least 36 months; A violation of the equipment requirements related to safety shall be cause for immediate suspension. The suspension will remain in effect until the A. B. C. 20 November 1. 2005 RLS/js [Towing\Hayes Towing.Agreement] 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 D. period of suspension is completed and the City has conducted an inspection and concluded the Towing Carrier is in compliance; A violation of the GVWR and safe loading requirements of a tow truck may be cause for inunediate suspension. This includes exceeding the tow truck's GVWR, front axle weight rating, rear axle weight rating, maximum tire weight ratings, or not maintaining 50 percent of the tow truck's unladen front axle weight on the front axle when in tow; A violation of intentionally overcharging or a pattern of overcharging shall be cause for suspension. The suspension will remain in effect until the period of suspension is completed and the Towing Carrier has presented proof to the City that reimbursement has been made to the aggrieved customer; City personnel shall not be offered gratuities, and requests for gratuities shall not be honored by Towing Carriers, employees, or associates of the Towing Carrier. A violation of this section shall be cause for suspension or termination; Failure of the Towing Carrier to satisfy a court order mandating reimbursement to the vehicle owner or property owner for the damage or loss which occurred while the vehicle was in the Towing Carrier's custody will result in a suspension. The suspension will remain in effect until the period of suspension is completed and the Towing Carrier has presented proof of the reimbursement; Failure of the Towing Carrier to comply with the inspection requirements of this Agreement for Tow Services will result in a suspension. The suspension will remain in effect until the period of suspension is completed and the Towing Carrier has complied with the inspection requirement; Failure of the Towing Carriers to send tow truck drivers who are qualified and competent employees on City calls shall be cause for suspension. The E. F. G. H. 1. 21 November 1, 2005 RLS/js [Towing\Hayes Towing.Agreement] 2 3 4 5 6 7 8 9 to II 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 24. J. suspension will remain in effect until the period of suspension is completed and the Towing Carrier has presented proof to the City that the driver is qualified and competent; Failure of the Towing Carrier to maintain the mInImum Insurance requirements set forth in the Agreement for Tow Services will immediately nullify the Agreement for Tow Services. The Towing Carrier will be subject to an additional suspension for failure to notify the City in advance of the insurance policy expiration or cancellation; and, Failure of the Towing Carrier or employee to comply with law provisions, Demeanor and Conduct and/or compliance with law provisions may be cause for suspension if deemed appropriate by the City. Minor violations of the terms and conditions of the Agreement for Tow Services may be cause for disciplinary action in the following manner: I. First violation within a 12 month period - letter of written reprimand; 2. Second violation within a 12 month period - 1 to 30 day suspension; 3. Third violation within a 12 month period - 60 to 90-day suspension; and, 4. Fourth violation within a 12 month period - termination of the Agreement for Tow Services. Note: In lieu of termination, the City may impose additional suspensions for longer periods, if deemed appropriate; Violations of the terms and conditions of the Agreement for Tow Services that are subject to suspension for the first violation are categorized as major violations. Any subsequent or continuing major violation may be cause for termination; 1. When considering punitive action for a major violation of the Agreement for Tow Services, the City may take into consideration K A. B. RLS/js [Towing\Hayes Towing.Agreement] 22 November I, 2005 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c. 25. A. all major and minor violations that occurred within 36 months prior to the date of the current violations; and, 2. Termination shall be invoked if, in the City's judgment, continued participation in the Rotation Tow Program by the affected Towing Carrier may result in a hazard to public safety and/or welfare, or the Towing Carrier has been convicted of a crime listed in paragraph 22C; and, Nothing herein shall be deemed to prohibit the City from immediately suspending any Towing Carrier or employee whose conduct, in the opinion of the City, is deemed to be a danger to the motoring public or who has engaged in conduct constituting a flagrant violation of the Agreement for Tow Services. In the event the City serves the Towing Carrier with disciplinary action, the Towing Carrier may request a hearing within seven calendar days by submitting a request in writing to the Traffic Sergeant at the Police Department. If a hearing is requested, it shall be held as soon as practible. The hearing shall be conducted by the Traffic Sergeant or designee, and the Towing Carrier shall be entitled to present all relevant facts and circumstances in support of the Towing Carrier's position. The Towing Carrier shall be further entitled to present testimony of at least one qualified person. The Towing Carrier shall be notified in writing of the Traffic Sergeant's decision(s) within ten business days of the date of completion of the hearing; Following a hearing, if the Towing Carrier is dissatisfied with the Traffic Sergeant's decision(s), the Towing Carrier may appeal by submitting a request in writing to the City Clerk, pursuant to Municipal Code Chapter 2.64, and paying any applicable fees; and, A suspension shall not take effect until the hearing and appeal process has B. c. 23 November I, 2005 RLS/js [Towing\Hayes Towing.Agreement] 2 been exhausted, with the exception of Towing Carriers whose conduct is deemed to be a danger to the motoring public or who continue to violate the terms and conditions of this Agreement for Tow Services. If a Towing 3 4 5 6 7 Carrier fails to request a hearing or appeal, the action taken by the City shall be final, and the suspension shall take effect upon written notification to the Towing Carrier by the City. The Towing Carrier shall not display any sign or engage in any advertisement 26. 8 indicating an official or unofficial connection with the City or Department of Motor Vehicles. 9 27. Either party may cancel this Agreement for Tow Services by giving 30 days written 10 notice to the other party. Cancellation shall not be subject to the appeals provisions of Resolution 11 No. 2005-286 and this Agreement for Tow Services. 12 28. Upon reasonable advance written notice, City shall have the right to review and 13 audit the books of Towing Carrier's place of business and during business hours. 14 29. The parties understand and agree that this Agreement grants Towing Carrier a non- 15 exclusive franchise. 16 30. Towing Carrier shall also comply with all provisions ofthe Resolution of the Mayor 17 and Common Council of the City of San Bernardino Establishing Standard Criteria for Companies 18 to Provide Tow' Services for the City of San Bernardino as said Resolution exists and/or as said 19 Resolution may be amended from time to time. 20 31. This Agreement represents the entire Agreement between the City and the Towing 21 Carrier and fully supersedes any and all previous Agreements entered into by and between the City 22 of San Bernardino and HAYES TOWING. 23 32. Any notice to be given pursuant to this Agreement by either party to the other shall 24 de deposited with the United States Postal Service, postage prepaid, and addressed as follows: 25 26 27 / / / 28 / / / To the City: City Administrator 300 North "D" Street San Bernardino, CA 92418 RLS/js [Towing\Hayes Towing,Agreement] 24 November I, 2005 2 3 To Towing Carrier: HA YES TOWING 5486 Industrial Pkwy San Bernardino, CA 92407-1859 4 Nothing in this paragraph shall be construed to prevent the giving of notice by personal 5 servIce. 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and 7 date first above shown. 8 9 10 II Attest: 12 By: 13 14 15 16 Approved as to Form 17 and Legal Content: 18 JAMES F. PENMAN City Attorney 19 20 it ,62-,. 21 22 23 24 25 26 27 28 RLS/js (Towing\Hayes Towing,Agreement) CITY OF SAN BERNARDINO By: Mayor Judith Valles TOWING CARRIER By: Print Name: 25 November I. 2005 Ii 1 RESOLUTION NO. 2 . RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN ;i BERNARDINO AUTHORIZING THE CITY OF SAN BERNARDINO TO ENTER 4 INTO AN AGREEMENT FOR TOW SERVICES WITH TRI CITY TOWING, CONSISTENT WITH RESOLUTION 2005-286. 51 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 9 SECTION I. The Mayor and Common Council of the City of San Bernardino authorize the Mayor to execute on behalf of said City, an Agreement for Tow Services with Tri 10 'I City Towing. A copy of said agreement is attached hereto marked Exhibit 'E' and incorporated 1 J 211 herein by reference as though fully set forth at length. 131 SECTION 2. The authorization to execute the above referenced amendment is 14 rescinded if not issued with sixty (60) days of the passage of this resolution. ~~E 1&.}(QI05 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY OF SAN BERNARDINO TO ENTER 2 INTO AN AGREEMENT FOR TOW SERVICES WITH TRI CITY TOWING, 3 CONSISTENT WITH RESOLUTION 2005-286. 4 5 6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and meeting Common Council of the City of San Bernardino at a 7 thereof, held on the 8 day of ,2005, by the following vote, to wit: ABSENT ABST AIN NAYS AYES Council Members: 9 ESTRADA 15 JOHNSON 16 MCCAMMACK 17 18 19 20 21 22 23 24 Rachel G. Clark, CITY CLERK ,2005. The foregoing resolution is hereby approved this _ day of Judith Valles, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN 25 City Attorney 26 27 28 -7 \,.-.-- 1-...,..._..... By: /(_~,...... ,,7 ATTACHMENT 'E' 1 AGREEMENT FOR TOW SERVICES 2 (EXISTING TOWING CARRIERS) 3 THIS AGREEMENT FOR TOW SERVICES entered into this 1" day of December 2005, 4 by and between the CITY OF SAN BERNARDINO ("City") and TRI-CITY TOWING, INC. 5 ("Towing Carrier") shall become effective December 1, 2005. 6 The parties hereto agree as follows: 7 Towing Carrier hereby agrees to provide tow services to the City of San Bernardino 8 pursuant to terms and conditions contained in this Agreement. 9 1. Towing Carrier shall meet the following minimum requirements: 10 A. Have a minimum storage space for 200 vehicles with a minimum of twelve 11 inside spaces; outside storage lots must be adequately lighted; 12 B. Have an attendant on call twenty-four (24) hours a day, seven days a week 13 at place of business; 14 C. Have no more than two telephone numbers listed with any City department; 15 D. Store towed vehicles in a safe and protected space where the vehicles and 16 their contents will not be accessible to thieves nor be damaged by activity in the Towing Carrier's 17 establishment or from the elements or by vandals; no vehicles shall be left parked or stored on the 18 public streets at anytime; in no event shall the city be liable for any theft, vandalism or damage 19 occurring to any such vehicle or its contents; 20 E. Post a tag on the windshield on all cars ordered impounded by the City; 21 F. Collect all towing or hauling and storage charges on each vehicle from the 22 owner; in no event shall the city be liable for any such charge; 23 G. Whenever a vehicle has been involved in an accident or a traffic violation, 24 and the owner or someone delegated by him is present and is capable of removing the vehicle from 25 the street with reasonable dispatch, and the vehicle is not needed for criminal evidence, City 26 and/or Towing Carrier shall permit the owner or his delegate to remove the vehicle or call a 27 Towing Carrier of his or her own choice to remove the same; provided, however, that if the street 28 cannot be cleared for safe public use with reasonable dispatch by the above method, and in all RLS/js ITowing\Tri-City Towing.Agreement] November I. 2005 situations other than above set forth, a Towing Carrier from the top of the rotation list will be 2 called by the City; 3 H. Furnish each owner with a fully itemized billing; 4 I. Immediately after each towing operation, make a towing slip with the 5 contents of each vehicle placed in his or her care itemized thereon as verified by the officer 6 ordering the same and make the slip available to the City on request; 7 J. Release no impounded vehicle without first having obtained a release from 8 the City to do so; 9 K. Agree to a rotation system established by the City; 10 L. Comply with all rules, regulations and laws of the State of California, II County of San Bernardino and City of San Bernardino; 12 M. Have adequate equipment to handle calls from the City, impounds, and 13 storage of motor vehicles; 14 N. The carrier shall operate from a location within the City of San Bernardino, IS and all of the facilities necessary to comply with the provisions of this resolution shall be located 16 within the City of San Bernardino; 17 O. Carry a broom, trash can and sand, clean and remove broken glass, spilled 18 oil, or gasoline from the area before departing, unless directed not to do so by police officers 19 and/or designated City employees at the scene; 20 P. Each Towing Carrier shall maintain insurance pursuant to the requirements 21 set forth below. The City of San Bernardino shall be named as an additional insured on all 22 policies including the workers compensation policies. Towing Carriers shall provide an 23 endorsement to each policy showing the City as an additional insured: 24 1) The Towing Carrier shall maintain the following minimum levels of 25 insurance from an insurance carrier admitted in California, or 26 admitted in the state in which the Towing Carrier business IS 27 located, and is authorized to do business in California: 28 a) Minimum Level of Financial Responsibility (as required by RLS/js [Towing\Tri-City Towing,Agreement] 2 November 1, 2005 I 2 3 4 5 6 7 8 9 10 II 12 13 14 IS 16 17 18 19 20 Q. 21 22 23 24 25 26 27 28 Section 34631.5 of the California Vehicle Code) - Bodily injury and property damage with a combined single limit of not less than $750,000 for Class A tow trucks. These minimum standards are to include non-owned and hired auto coverage; b) Uninsured Motorist - Legal minimUm, combined single limit; c) On-Hook Coverage/Cargo - Insuring the vehicle in tow with limits based on the size of the tow truck; and, d) Garage Liability/Garage Keeper's liability - Includes premises and operations. Coverage for bodily injury and property damage with a combined single limit of not less than $500,000; 2) Proof of insurance shall be in the form of a certificate of insurance. Policy expiration or cancellation will immediately nullify the Agreement for Tow Services between the Towing Carrier and the City. The Towing Carrier's insurance policy shall provide for not less than 30 days written notice to the City in the event the insurance policy is canceled or is due to expire; and, Tow vehicles shall be rated at a minimum of 14000 GVWR. (Class A) I) Tow Truck and Car Carrier Classifications: Tow truck and car carrier classifications are based on the truck chassis Gross Vehicle Weight Rating (GVWR) and the classification system used by the American Trucking Association (AT A) and truck manufacturers; 2) Towing Limitations; a) The total weight of the truck, including the lifted load, shall fall within the GVWR and not exceed either the Front Axle Weight Ratings (FA WR) or Rear Axle Weight Ratings 3 November 1, 2005 RLS/Js [Towing\Tri-City Towing.Agreement] 2 3 4 5 6 7 8 9 10 II 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 RLSljs [Towing\Tri-City Towing.Agreement] 3) (RAWR); b) All tow trucks and car carriers shall be equipped and in compliance with the most recent electronic version of the California Highway Patrol Tow Truck Inspection Guide (CHP 234B); and, c) The truck must meet all applicable state and/or federal standards; Identification Labels: Each piece of towing equipment shall have a label or identification tag permanently affixed to the equipment in a prominent location to identify the manufacturer, serial number, model, and rated capacity; Recovery Equipment Rating: The basic performance rating of the recovery equipment is the weight the equipment can lift in a winching mode, when the boom is static at a 30 degree elevation with the load lines vertical and the lifting cables sharing the load equally, measured with a live load (weight or load cell); a) The structural design of the recovery equipment must have a higher load capacity than the performance ratings; b) Winches shall conform to or exceed the specifications set forth by the Recovery Equipment Rating (SA E) Handbook, SAE 1706; and, c) All ratings for cable and chain assemblies are for the undamaged assembly condition. All cable and chain assemblies should be the same type, construction, and rating as specified by the original equipment manufacturer (OEM) for the equipment; Control/Safety Labels: All controls shall be clearly marked to indicate proper operation, as well as any special warnmgs or 4) 5) 4 November 1, 2005 cautions; 2 6) Uniforms: City rotation tow drivers shall wear an identifiable 3 uniform shirt displaying the Towing Carrier and driver's names 4 while engaged in City rotation tow operations; and, 5 7) Safety Vests: City rotation tow drivers shall wear a safety vest or 6 reflectorizing clothing, meeting Occupational Safety and Health 7 Administration (OSHA) requirements. 8 Towing Carrier is not exempt from meeting legal requirements imposed by any city, 9 county, State or Federal laws or regulations. An example of this is the Clean Water Act. 10 Per Call Rotation System II 2. The City shall establish a per call rotation system of qualified Towing Carriers who 12 have entered into Agreements with the City for the performance of towing services in response 13 to calls from the City. All departments of the City shall comply with the rotation system. 14 3. Towing Carrier shall comply with and qualify under all the minimum requirements 15 set forth in this Agreement as a condition precedent to being eligible to be placed on the rotation 16 list: 17 A. 18 19 20 21 22 23 24 25 26 27 28 The City shall maintain a rotation tow list for Class A tow trucks to ensure an equitable distribution of calls. Nothing in this Agreement for Tow Services shall prohibit the City from requesting a specific Towing Carrier when, in the on scene supervisor's opinion, the necessary resources to clear a hazard as expeditiously as possible are not available from the Towing Carrier currently at the top of the rotation tow list. If the City needs a tow vehicle that exceeds that of a Class A tow truck, the City may, in its discretion, contact a Towing Carrier with the size of tow truck needed. In such an instance, the Towing Carrier selected would be the next Towing Carrier on the list which has the qualifications (equipment, skills, timelines, etc.) to provide the required service. After the request, the selected Towing Carrier would then go to the bottom of the rotation tow list. Towing 5 November I, 2005 RLS/js (Towing\Tri-City Towing.Agreement] 1 2 3 B. 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 Carriers on the same list that were by-passed would remain in the same order until their selection for a rotation tow for which they are qualified; A call to a Towing Carrier shall constitute one turn on the list and the Towing Carrier shall be moved to the bottom of the list. This includes when the Towing Carrier fails to answer the phone, is unable to respond, is unable to perform the required service, refuses to respond or provide service, or is canceled due to excessive response time. If it is determined that the Towing Carrier is not needed and is canceled by the City, up to and including arrival at the scene and standby time which does not result in a tow, there shall be no charges and the Towing Carrier will be placed back at the top of the list; 1) If the Towing Carrier is canceled by the vehicle's registered owner or agent prior to the towing carrier taking possession of the vehicle, there shall be no charges for towing. The Towing Carrier shall irrunediately contact the City and advise them of the cancellation. The Towing Carrier will then be placed back at the top of the list; and, 2) If service, other than towing, recovery, and load salvage, has begun and is canceled by the vehicle's registered owner or agent, the Towing Carrier may charge one-half of the regular hourly service charge for the time expended on the call. For purposes of cancellation, service begins when physical work on the vehicle has begun, not the response. No lien shall arise for the service unless the Towing Carrier has presented a written statement to the vehicle's registered owner or agent for the signed authorization of services to be performed. The Towing Carrier shall not attempt to take possession of the vehicle in order to establish a lien for any non-towing services performed, or begun and subsequently 6 November 1, 2005 RLS/js (Towing\Tri-City Towing.Agreement] canceled, when not entitled to such lien by law; 2 C. If two or more Towing Carriers are called to the same incident, distribution 3 of the vehicles shall be at the discretion of the on-scene supervisor; 4 D. Towing Carriers shall have a minimum of three (3) verifiable years of for- 5 hire towing experience, as an owner or principal, prior to the final filing 6 date of an enrollment period in order to qualify for a rotation tow listing; 7 1) Towing Carriers and owners who do not meet the three year 8 verifiable for-hire towing experience may be considered for a 9 position on the City rotation tow list if a full-time manager who 10 possesses the required tow management experience is employed by II the Towing Carrier. An owner/Towing Carrier who releases 12 vehicles, completes lien sale paperwork, and other tow business 13 related documents for three years in the Towing Carrier, with the 14 qualified manager, will fulfill the three years for-hire towing IS experience requirement; and, 16 4. Towing Carrier shall give or cause to be given written notice to the registered and 17 legal owners of each vehicle which is towed in conformity with the authorization and requirements 18 of this Agreement concerning the fact of such towing, the place at which such vehicle is stored and 19 the imposition of charges for towing, storage and related services whenever the Towing Carrier 20 knows or is able to ascertain from the registration records in the vehicle or from the registration 21 records of the Department of Motor Vehicles the name and address of the registered and legal 22 owners. The notice shall be given not more than ten (10) days from the date of the towing of the 13 vehicle by the Towing Carrier. 24 5. Every tow truck which is subject to the provisions of this Agreement and which by 25 Agreement responds to calls for service by the City, shall be clearly marked on both sides of the 26 cab with the name and telephone number of the Towing Carrier which operates the truck. 27 6. City shall enter into Agreements with Towing Carriers not to exceed one Towing 28 Carrier per 35,000 residents of the City. RLS/JS [Towing\Tri-City Towing.Agreement] 7 November I, 2005 7. This Agreement may be canceled by either party, without prejudice, upon thirty 2 (30) days written notice to the other party. 3 8. Each month, Towing Carrier shall submit a list of all vehicles towed the previous 4 month, including license plate numbers and vehicle identification numbers. 5 9. Towing Carrier shall charge for services on calls by the City in an amount not to 6 exceed ten dollars ($10) above the hourly rate set by the California Highway Patrol: 7 A. The rate for towing shall be computed from portal to portal. Time 8 expended shall be charged at a rate not to exceed the hourly rate. Time 9 expended in excess of the minimums shall also be at the hourly rate in no 10 more than one-minute increments. There shall be no additional charges for II mileage, labor, etc; 12 1) The Towing Carrier may charge up to a thirty-minute minimum per 13 call for any service or tow which is performed when the vehicle 14 operator or agent is present and the vehicle is not stored at the IS discretion of an officer; and, 16 2) The Towing Carrier may charge up to a one-hour minimum per call 17 on responses which result in storage of a vehicle at the direction of 18 an officer; 19 B. Rates for a service call (out of gas, lockouts, tire changes, etc.) shall be 20 from portal to end of service, and may be at the hourly rate with a thirty- 21 minute minimum. Charges in excess of thirty-minutes may be charged in 22 no more than one-minute increments; and, 23 C. The charge for after-hours release shall be no more than one-half the hourly 24 rate, and shall only be allowed on weekends, holidays, and outside normal 25 business hours. 26 10. Standby time for tow trucks will begin one (1) hour after receipt of calls from the 27 City, and is defined to mean the time consumed after the first hour in necessary preparations in 28 order to tow the disabled vehicle and in cleaning up the immediate surrounding area. RLS/js [Towing\Tri-City Towing.Agreement] 8 November 1, 2005 II. A. 2 3 4 5 6 7 8 9 10 II 12 13 l4 IS 16 17 18 19 B. Towing Carrier shall charge for services for storage at the rates set by the California Highway Patrol for this area; I) Fees for inside storage shall be charged only when inside storage is requested by the City, registered owner, legal owner, insurance company, or when the inside storage can otherwise be justified by the Towing Carrier; 2) The Towing Carrier shall display in plain view at all cashiers stations, a sign as described in Section 3070 of the Civil Code, disclosing all storage fees and charges in force, including the maximum storage rate; 3) Vehicles stored 24 hours or less shall be charged no more than one day storage; and, 4) Storage of vehicles in combination may be charged a per vehicle rate except for dollies, con-gear, etc., Dollies and con-gear may be charged a storage rate not to exceed Class A storage fees; The approved schedule of rates charged by the Towing Carrier shall be available in the tow truck, and shall be presented upon demand to the persons for whom the tow services were provided, their agent, or any officer at the scene; 20 C. Rate requirements represent the maximum a Towing Carrier may charge on 21 a City call. A Towing Carrier is not precluded from charging less when 22 deemed appropriate by the Towing Carrier. These requirements shall not 23 be construed as requiring a charge if a Towing Carrier would not normally 24 charge for such service; and, 25 D. Towing Carrier or employee shall not refer to any rate as required or set by 26 the City. 27 12. In the event that a towed vehicle is forfeited by the owner in accordance with 28 Section 14607.6 of the California Vehicle Code, the proceeds of the sale of the vehicle shall be 9 November 1, 2005 RLS/js [Towing\Tri-City Towing.Agreement] distributed pursuant to said section of said Code. 2 13. Towing Carrier shall be charged a franchise fee. No later than January 20 of each 3 year, the police department shall determine the average monthly franchise fees based on a cost 4 analysis and the average number oftows in the prior fiscal year. The Towing Carrier list will pay 5 an equal share of the franchise fees on a monthly basis. This franchise fee shall be paid from the 6 Towing Carrier profits and shall not be passed on to the vehicle owners. Should the total number 7 of Towing Carriers on the rotation list change, the franchise fee will be adjusted accordingly 8 among the Towing Carriers. Ten days notice shall be given to the participating Towing Carrier 9 of any change in the amount to be paid to the City. 10 14. The Administrative fee set by Resolution of the Common Council will be collected II by the San Bernardino Police Department. 12 IS. A. The Towing Carrier shall ensure that tow truck drivers responding to calls 13 initiated by the City are qualified and competent employees of the Towing 14 Carrier's company. The Towing Carrier shall ensure that the tow truck 15 drivers are trained and proficient in the use of the tow truck and related 16 equipment, including, but not limited to, the procedures necessary for the 17 safe towing and/or recovery of the various types of vehicles serviced 18 through City rotation. Tow drivers shall perform all towing and recovery 19 operations in the safest and most expedient manner possible. Tow truck 20 drivers shall be at least 18 years of age and shall possess the proper class 21 license and endorsements for the towed and towing vehicle; 22 B. The Towing Carrier shall maintain a current list of drivers; and, 23 C. All tow truck drivers and owner/Towing Carriers shall be enrolled in the 24 Pull Notice Program; 25 1) Upon the addition of new drivers, a Towing Carrier will be granted 26 a maximum of 30 days to enroll drivers in the Pull Notice Program; 27 2) Pull Notices shall be kept on file, signed, and dated by the Towing 28 Carrier; and, RLS/js [Towing\Tri-City Towing.Agreement] 10 November 1, 2005 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 16. A. B. 3) The City may require a Towing Carrier to provide copies of Pull Notice Reports to the City. The Towing Carrier shall respond to calls 24 hours a day, seven days a week. Between 6:00 a.m. and 6:00 p.m., the response time shall be no more than twenty (20) minutes. Between 6:00 p.m. and 6:00 a.m. the response shall be no more than thirty (30) minutes. The Towing Carrier shall respond with a tow truck of the class required to tow the vehicle specified by the City. The Towing Carrier shall advise City dispatch, at the time of notification, if they are either unable to respond or unable to meet the maximum response time. If, after accepting the call, the Towing Carrier is unable to respond or will be delayed in responding, the Towing Carrier shall immediately notify the appropriate City department. The Towing Carrier shall not assign any calls to other Towing Carriers; 1) A failure to respond to perform the required towing or service and/or repeated failures to meet the maximum response time requirements shall constitute a failure to comply with the terms and conditions of this Resolution and the Agreement for Tow Services; 2) The City may take immediate disciplinary action for any violation of the requirement to respond within the maximum response time; and, 3) When a Towing Carrier will be temporarily unavailable to provide services due to a pre-planned or scheduled activity, the Towing Carrier shall notify the City at least 24 hours prior to the date that services will be unavailable, noting the times and dates of the unavailability; The Towing Carrier, or Towing Carrier's employees responding to a call, shall perform the towing or service required for which they were called unless the requested equipment is inadequate for the service to be RLS/js {Towing\Tri-City Towing.Agreement] 11 November], 2005 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c. 17. A. performed; and, Only the tow truck personnel and equipment requested shall respond to a City call. A Towing Carrier shall not respond to a City call assigned to another Towing Carrier unless requested to do so by the City; l) This shall not preclude the Towing Carrier from responding to an incident to ascertain if additional assistance or equipment is required. There shall be no additional charge for any personnel or equipment that is not necessary to perform the required service; 2) There may be times when the Towing Carrier assigned the initial call may require the assistance of an additional Towing Carrier at the scene. The Towing Carrier assigned the initial call may, subject to prior Agreement with the City and with the concurrence of the on scene supervisor, request a specific Towing Carrier for assistance. The request shall be routed to the additional Towing Carrier through the City; and, 3) There may be times when a Towing Carrier, who was not called to a scene, comes upon a collision scene where a vehicle or vehicles are blocking a roadway and an officer requests assistance in clearing the roadway. In such a case, the Towing Carrier may be requested to move the vehicle to a safe location, as directed by the officer, and leave it. There shall be no charge for this assistance and the assistance provided shall not change the Towing Carrier's place in the rotation. The Towing Carrier shall be responsible for the security of vehicles and property at the place of storage. At a minimum, a fenced or enclosed area shall be provided. The Towing Carrier is responsible for the reasonable care, custody, and control of any property contained in towed or stored vehicles; RLS/js [Towing\Tri-City Towing.Agreement] 12 November 1. 2005 I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. c. The Towing Carrier shall obtain approval from the City prior to the removal of any property from a stored or impounded vehicle and shall provide a receipt, with a copy placed in the stored vehicle. The requirement to obtain approval from the City prior to the removal of property may be excused by the City if it is determined that proper safeguards and procedures are utilized by the Towing Carrier; I) This requirement may not be waived in cases where a vehicle has been impounded for evidence or investigation; 2) Upon approval from the City, the Towing Carrier shall release personal property from an impounded vehicle at the request of the vehicle registered owner or agent; a) There shall be no charge for the release of personal property during normal business hours. Towing Carrier may charge an after hours release fee for property released after normal business hours, consistent with the after-hours vehicle release provisions; and, b) Personal property is considered to be items which are not affixed to the vehicle. Personal property from a stored vehicle shall be released upon request of the vehicle registered owner or agent. Responses are mandatory on weekends, holidays, and outside normal business hours, provided the vehicle's current registered owner or owner's authorized agent are available for return of personal property. Payment for an after -hour release of property may be required at the time of the release; and, 3) Cargo shall be released upon demand of the carrier or pursuant to a court order; The primary storage facility shall normally be at the same location as the 13 November I. 2005 RLS/js [Towing\Tri-City Towing,Agreement] 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D. business address. If not at the same location, there shall be no charge for any additional distance traveled to and from a secondary location. The vehicle and/or personal property shall be released at the primary storage facility or place of business upon request of the registered owner or a person having a legal entitlement to the vehicle and/or property. I) Prior to the utilization of new storage facilities that were not listed on the application for rotation tow listing, the Towing Carrier shall furnish the address and obtain the City's approval; and, 2) Secondary storage facilities shall be located reasonably close to the main business office; 3) All storage facilities shall meet all legal requirements for such facility; Towing Carrier's place of business shall have a sign that clearly identifies it to the public as a towing service. The sign shall have letters that are clearly visible to the public from the street. The sign shall be visible at night; For the purpose of this Agreement for Tow Services, "normal business hours" shall not be less than 8 a.m. to 5 p.m., Monday through Friday, except for the following recognized holidays: New Year's Day, Martin Luther King Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, day after Thanksgiving Day, and Christmas Day; Business hours shall be posted in plain view to the public. Offices staffed with only one employee may be closed for one hour at lunch. A sign shall be posted with the reason for closure. The sign shall have a phone number where a request will result in an immediate response to release property or vehicles. Response to the office shall be within the time frame required for tow response; E. F. RLS/js [Towing\Tri-City Towing.Agreement] 14 November I, 2005 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. Employees shall be properly trained to conduct business transactions related to towing, storage, and release of vehicles/property; and, The City shall ensure that proper provisions are in place for the release of all impounded vehicles. Towing Carrier shall respond for after-hours release of vehicles when requested by the current registered owner or owner's authorized agent. The Towing Carrier shall accept all guaranteed forms of payment including, without limitation, money orders, certified checks, debit cards and all widely accepted credit cards. There shall be no surcharge for the use of a credit card. If the form of payment cannot be accepted by the Towing Carrier due to any failure by the Towing Carrier or Towing Carrier's payment processing equipment, Towing Carrier shall not charge storage fees beyond date of such failure. The Towing Carrier shall post in its office a list of rights of the owner of the vehicle under this Agreement for Tow Services. The rights are set forth on Exhibit E to this Resolution. A stored vehicle shall be released to the registered owner upon presentation of the registration and valid proof of identification and payment of all towing and storage charges. If the registration is not immediately available, the Towing Carrier shall obtain the registered owner's information from DMV records as soon as possible. If the Towing Carrier does not release the vehicle as required by this subsection, storage charges shall cease on the date of presentation of the documentation and payment of the accrued charges. An impounded vehicle shall be released to the person named in the Tow Release Form issued by the San Bernardino Police Department upon payment of towing and storage charges and presenting valid proof of identification. If the Towing Carrier does not release the vehicle as H. 1. J. K. L. 15 November 1, 200S RLS/js (Towing\Tri.City Towing.Agreement] 2 3 4 5 6 7 8 9 10 II 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 18. A. B 19. c. required by the subsection, storage charges shall cease on the date of presentation of the documentation and payment of the accrued charges. The Towing Carrier shall maintain records of all tow services furnished. The records will be maintained at the Towing Carrier's place of business. Invoices shall at a minimum include a description of each vehicle, nature of service, start time, end time, location of call, itemized costs of towing and storage, the tow truck driver's name, and truck used; At the Towing Carrier's primary office, the Towing Carrier shall also maintain business records relating to personnel, insurance, personnel taxes, payroll, applicable operating authorities, local operating authorities, lien sale actions, Federal Communication Commission licensing, and non-City tows; The City may inspect all Towing Carrier records without notice during normal business hours; Towing Carrier shall permit the City to make copies of business records at its place of business, or to remove business records for the purpose of reproduction. The City shall provide a receipt for any (original) records removed from the place of business; Records shall be maintained and available for inspection for a period of two years plus the current term of this Agreement for Tow Services; and, Failure of the Towing Carrier to comply with the inspection requirements shall be cause for suspension. No Towing Carrier or applicant shall be directly involved in the towing- related business of any other Towing Carrier or applicant on the City's tow rotation; Storage facilities owned by a Towing Carrier, and shared with another Towing Carrier, shall only be approved if the owner/Towing Carrier charges for the space exclusively on a flat monthly rate rather than a D. E. F. A. B. 16 November 1, 2005 RLS/js [Towing\Tri-City Towing.Agreement! 2 3 C. 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 vehicle-by-vehicle basis, or combination thereof. Facilities shared by Towing Carriers shall be physically separated and secured from each other; The sale or transfer of the controlling interest in a Towing Carrier shall immediately terminate this Agreement for Tow Services subject to the notice of change of ownership provision set forth below in this subsection. A sale or transfer of the controlling interest in a Towing Carrier is defined in Municipal Code Section 5.04.026 as follows: A. Any business registration certificate or any permit issued or granted pursuant to this title is a privilege to be held by the original permittee or certificate holder thereof. It cannot be sold, transferred, assigned or disposed of, in whole or in part, or by voluntary sale, merger, consolidation or otherwise. B. In the event a permittee or certificate holder is a corporation, a new permit or certificate shall be required when there is an actual change in control or when ownership of more than fifty (50%) of the voting stock of the permittee or certificate holder is acquired by a person or group of persons acting in concert, none of whom already own fifty percent (50%) or more of the voting stock, singly or collectively. C. In the event a permittee or certificate holder is a partnership, a new permit or certificate shall be required when there is an actual change in control or when ownership of fifty percent (50%) or more of the capital or profits of the permittee or certificate holder is acquired by a person or group of persons acting in concert, none of whom already own fifty percent (50%) or more of such capital or profits, singly or collectively. A new owner may apply for a rotation tow listing at any time during the remainder of the current Agreement for Tow Services term. However, the open positions on the City's tow rotation will also be opened for applications from other qualified Towing Carriers. Termination for this reason is exempt from the 30 day notice of cancellation 17 November 1, 2005 RLS/js [Towing\Tri-City Towing.Agreement] set forth in other provisions of this Resolution. Also refer to requirements 2 in Resolution No. 2005-286 required of new tow services Towing Carriers 3 who wish to apply to the City's tow rotation. The City through its Police 4 Department, shall be notified no later than seven (7) days after a change of 5 ownership in a Towing Carrier on its tow service rotation. Notice shall be 6 given to the Traffic Sergeant at the Police Department. If the City is not so 7 notified within the seven day period, the termination takes effect 8 immediately at the end of the seven day period. If the City is notified of the 9 change of ownership within the seven day period, the Agreement for Tow 10 Services may be assigned or transferred to the new owner. This assignment 11 or transfer shall be on an interim basis until the selection process of the 12 replacement Towing Carrier(s) takes place. In no event, shall assignment 13 or transfer exceed 60 days. The Towing Carrier under new ownership must 14 meet the minimum qualifications in Resolution No. 2005-286 to be placed IS on the City's tow rotation; and, 16 D. A terminated or suspended Towing Carrier, and/or the Towing Carrier 17 business owner at the time of the suspension or termination, shall not be 18 eligible for a rotation listing for the duration of the suspension or 19 termination. This provision applies to the Towing Carrier working in any 20 capacity within any tow business or operating any tow business, and to the 21 tow business, even if operated under new ownership. This provision does 22 not apply to Section 19(C) regarding termination due to a change in 23 ownership. 24 20. The City shall conduct, at a minimum, one annual meeting to discuss issues 25 concerning the tow rotation. All meetings shall be mandatory for the Towing Carrier or Towing 26 Carrier's designee wishing to remain on rotation. The City shall give the Towing Carrier 30 days 27 written notice of these meetings. 28 21. A. While involved in City rotation tow operations or related business, the RLS/js [Towing\Tri-City Towing.Agreement] 18 November 1, 2005 I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 22. B. Towing Carrier and/or employees shall refrain from any acts of misconduct including, but not limited to, any of the following: I) Rude or discourteous behavior; 2) Lack of service, selective service, or refusal to provide service which the Towing Carrier is/should be capable of performing; 3) Any act of sexual harassment or sexual impropriety; 4) Unsafe driving practices; 5) Exhibiting any objective symptoms of alcohol and/or drug use; or, 6) Appearing at the scene of a City rotation tow call with the odor of an alcoholic beverage emitting from the Towing Carrier's employee's breath. The Towing Carrier/tow truck driver shall submit to a preliminary alcohol screening test upon demand of the City; All City related tow service complaints received by the City against a Towing Carrier or Towing Carrier employees will be accepted and investigated in a fair and impartial manner. The Towing Carrier will be notified of the results of any investigation; and, Should the filing of criminal charges be a possibility, the City will conduct the investigation to conclusion or assist the lead investigation agency and, if warranted, request prosecution. The Towing Carrier and employees shall, at all times, comply with federal, state, and local laws and ordinances; I) In the event of a minor traffic violation by a tow truck driver which is known by the City, the Towing Carrier shall be advised of the violation by the City. The Towing Carrier will be granted the opportunity to take necessary steps to ensure that the driver complies with the law. Any subsequent traffic violations may be cause for disciplinary action against the Towing Carrier and/or the C. A. RLSljs [Towing\Tri-City Towing.Agreement] 19 November t, 2005 I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. C. 23. D. involved employees; and, 2) Any flagrant traffic violation may be cause for immediate disciplinary action against the Towing Carrier and/or the involved employees; The provisions contained in any compliance with law provisions in this Agreement do not preclude the City from taking appropriate enforcement or administrative action for any violations of law. Complaints for violations of the law not normally investigated by City will be referred to the agency with investigation jurisdiction; Any conviction of the Towing Carrier or employee involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a drug-related offense, felony driving while under the influence of alcohol and/or a drug, misdemeanor driving while under the influence of alcohol and/or a drug, or moral turpitude while involved in a City rotation tow call shall be cause for removal of the employee from the list of current City rotation tow truck drivers, denial of Towing Carrier application, or termination of the Agreement for Tow Services; and, A Towing Carrier or employee arrested/charged for a violation involving any of the above crimes may be suspended until the case is adjudicated. The City shall take disciplinary action against Towing Carriers for violations investigated and confirmed or sustained. Unless otherwise noted, the City shall determine the period of suspension. The City shall retain discretion regarding the length of any suspension imposed pursuant to the terms and conditions of this Agreement for Tow Services; Records of violations shall be retained by the City for at least 36 months; A violation of the equipment requirements related to safety shall be cause for immediate suspension. The suspension will remain in effect until the A. B. C. RLS/js ITowing\Tri-City Towing.Agreement] 20 November], 2005 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D. period of suspension is completed and the City has conducted an inspection and concluded the Towing Carrier is in compliance; A violation of the GVWR and safe loading requirements of a tow truck may be cause for immediate suspension. This includes exceeding the tow truck's GVWR, front axle weight rating, rear axle weight rating, maximum tire weight ratings, or not maintaining 50 percent of the tow truck's unladen front axle weight on the front axle when in tow; A violation of intentionally overcharging or a pattern of overcharging shall be cause for suspension. The suspension will remain in effect until the period of suspension is completed and the Towing Carrier has presented proof to the City that reimbursement has been made to the aggrieved customer; City personnel shall not be offered gratuities, and requests for gratuities shall not be honored by Towing Carriers, employees, or associates of the Towing Carrier. A violation of this section shall be cause for suspension or termination; Failure of the Towing Carrier to satisfy a court order mandating reimbursement to the vehicle owner or property owner for the damage or loss which occurred while the vehicle was in the Towing Carrier's custody will result in a suspension. The suspension will remain in effect until the period of suspension is completed and the Towing Carrier has presented proof of the reimbursement; Failure of the Towing Carrier to comply with the inspection requirements of this Agreement for Tow Services will result in a suspension. The suspension will remain in effect until the period of suspension is completed and the Towing Carrier has complied with the inspection requirement; Failure of the Towing Carriers to send tow truck drivers who are qualified and competent employees on City calls shall be cause for suspension. The E. F. G. H. 1. 21 November I. 2005 RLS/js [Towing\Tri-City Towing.Agreement] 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 24. J. suspension will remain in effect until the period of suspension is completed and the Towing Carrier has presented proof to the City that the driver is qualified and competent; Failure of the Towing Carrier to maintain the minimum Insurance requirements set forth in the Agreement for Tow Services will immediately nullify the Agreement for Tow Services. The Towing Carrier will be subject to an additional suspension for failure to notify the City in advance of the insurance policy expiration or cancellation; and, Failure of the Towing Carrier or employee to comply with law provisions, Demeanor and Conduct and/or compliance with law provisions may be cause for suspension if deemed appropriate by the City. Minor violations of the terms and conditions of the Agreement for Tow Services may be cause for disciplinary action in the following manner: 1. First violation within a 12 month period - letter of written reprimand; 2. Second violation within a 12 month period - 1 to 30 day suspension; 3. Third violation within a 12 month period - 60 to 90-day suspension; and, 4. Fourth violation within a 12 month period - termination of the Agreement for Tow Services. Note: In lieu of termination, the City may impose additional suspensions for longer periods, if deemed appropriate; Violations of the terms and conditions of the Agreement for Tow Services that are subject to suspension for the first violation are categorized as major violations. Any subsequent or continuing major violation may be cause for termination; I. When considering punitive action for a major violation of the Agreement for Tow Services, the City may take into consideration K. A. B. 22 November 1, 2005 RLS/js [Towing\Tri-City Towing.Agreement] 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 J9 20 21 22 23 24 25 26 27 28 c. 25. A. all major and minor violations that occurred within 36 months prior to the date of the current violations; and, 2. Termination shall be invoked if, in the City's judgment, continued participation in the Rotation Tow Program by the affected Towing Carrier may result in a hazard to public safety and/or welfare, or the Towing Carrier has been convicted of a crime listed in paragraph 22C; and, Nothing herein shall be deemed to prohibit the City from immediately suspending any Towing Carrier or employee whose conduct, in the opinion of the City, is deemed to be a danger to the motoring public or who has engaged in conduct constituting a flagrant violation of the Agreement for Tow Services. In the event the City serves the Towing Carrier with disciplinary action, the Towing Carrier may request a hearing within seven calendar days by submitting a request in writing to the Traffic Sergeant at the Police Department. If a hearing is requested, it shall be held as soon as practible. The hearing shall be conducted by the Traffic Sergeant or designee, and the Towing Carrier shall be entitled to present all relevant facts and circumstances in support of the Towing Carrier's position. The Towing Carrier shall be further entitled to present testimony of at least one qualified person. The Towing Carrier shall be notified in writing of the Traffic Sergeant's decision(s) within ten business days of the date of completion of the hearing; Following a hearing, if the Towing Carrier is dissatisfied with the Traffic Sergeant's decision(s), the Towing Carrier may appeal by submitting a request in writing to the City Clerk, pursuant to Municipal Code Chapter 2.64, and paying any applicable fees; and, A suspension shall not take effect until the hearing and appeal process has B. c. 23 November I. 2005 RLS/js [Towing\Tri-City Towing.Agreement] been exhausted, with the exception of Towing Carriers whose conduct is ~ deemed to be a danger to the motoring public or who continue to violate the terms and conditions of this Agreement for Tow Services. If a Towing 3 4 5 6 Canier fails to request a hearing or appeal, the action taken by the City shall be final, and the suspension shall take effect upon written notification to the Towing Canier by the City. 7 26. The Towing Canier shall not display any sign or engage in any advertisement 8 indicating an official or unofficial connection with the City or Department of Motor Vehicles. 9 27. Either party may cancel this Agreement for Tow Services by giving 30 days written 10 notice to the other party. Cancellation shall not be subject to the appeals provisions of Resolution II No. 2005-286 and this Agreement for Tow Services. 12 28. Upon reasonable advance written notice, City shall have the right to review and 13 audit the books of Towing Carrier's place of business and during business hours. 14 29. The parties understand and agree that this Agreement grants Towing Carrier a non- 15 exclusive franchise. 16 30. Towing Carrier shall also comply with all provisions ofthe Resolution of the Mayor 17 and Common Council of the City of San Bernardino Establishing Standard Criteria for Companies 18 to Provide Tow Services for the City of San Bernardino as said Resolution exists and/or as said 19 Resolution may be amended from time to time. 20 31. This Agreement represents the entire Agreement between the City and the Towing 21 Carrier and fully supersedes any and all previous Agreements entered into by and between the City 22 of San Bernardino and TRI-CITY TOWING, INC. 23 32. Any notice to be given pursuant to this Agreement by either party to the other shall 24 de deposited with the United States Postal Service, postage prepaid, and addressed as follows: 25 26 27 / / / 28 / / / To the City: City Administrator 300 North "D" Street San Bernardino, CA 92418 RLS/js [Towing\Tri-City Towing.Agreement] 24 November I, 2005 2 To Towing Carrier: TRI-CITY TOWING, INC. 1661 Walnut Street San Bernardino, CA 92410-2233 3 4 Nothing in this paragraph shall be construed to prevent the giving of notice by personal 5 service. 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and 7 date first above shown. 8 9 to 11 Attest: 12 By: 13 14 15 16 Approved as to Form 17 and Legal Content: 18 JAMES F. PENMAN City Attorney 19 ;J 20 /<..,...::- 'i "-<--t..::---... 21 22 23 24 25 26 27 28 RLS/js [Towing\Tri-City Towing.Agreementj CITY OF SAN BERNARDINO By: Mayor Judith Valles TOWING CARRIER By: Print Name: 25 November (, 2005 1 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA:'Ii I BERNARDINO AUTHORIZING THE CITY OF SAN BERNARDINO TO ENTER 4 INTO AN AGREEMENT FOR TOW SERVICES WITH WILSON TOWING LLC, CONSISTENT WITH RESOLUTION 2005-286. RESOLUTION NO. 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 7 CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The Mayor and Common Council of the City of San Bernardino 9 authorize the Mayor to execute on behalf of said City, an Agreement for Tow Services with 10 11 Wilson Towing LLC. A copy of said agreement is attached hereto marked Exhibit 'F' and 12 incorporated herein by reference as though fully set forth at length. 13 14 SECTION 2. The authorization to execute the above referenced amendment is rescinded ifnot issued with sixty (60) days of the passage of this resolution. 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY OF SAN BERNARDINO TO ENTER 2 INTO AN AGREEMENT FOR TOW SERVICES WITH WILSON TOWING LLC. 3 CONSISTENT WITH RESOLUTION 2005-286. 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a 6 n1eeting .2005, by the following vote, to wit: NAYS ABST AIN ABSENT 17 18 19 20 21 22 Rachel G. Clark, CITY CLERK ,2005. The foregoing resolution is hereby approved this ~ day of Judith Valles, Mayor City of San Bernardino 23 Approved as to fom1 I and legal content: 241 JAMES F. PENMAN 25 City Attorney 26 By: /;1': _'>~ J 27 28 ., .....~.-.,"- ATTACHMENT 'F' AGREEMENT FOR TOW SERVICES 2 (EXISTING TOWING CARRIERS) 3 THIS AGREEMENT FOR TOW SERVICES entered into this 1" day of December 2005, 4 by and between the CITY OF SAN BERNARDINO ("City") and WILSON TOWING LLC 5 ("Towing Carrier") shall become effective December 1, 2005. 6 The parties hereto agree as follows: 7 Towing Carrier hereby agrees to provide tow services to the City of San Bernardino 8 pursuant to terms and conditions contained in this Agreement. 9 1. Towing Carrier shall meet the following minimum requirements: 10 A. Have a minimum storage space for 200 vehicles with a minimum of twelve 11 inside spaces; outside storage lots must be adequately lighted; 12 B. Have an attendant on call twenty-four (24) hours a day, seven days a week 13 at place of business; 14 C. Have no more than two telephone numbers listed with any City department; 15 D. Store towed vehicles in a safe and protected space where the vehicles and 16 their contents will not be accessible to thieves nor be damaged by activity in the Towing Carrier's 17 establishment or from the elements or by vandals; no vehicles shall be left parked or stored on the 18 public streets at anytime; in no event shall the city be liable for any theft, vandalism or damage 19 occurring to any such vehicle or its contents; 20 E. Post a tag on the windshield on all cars ordered impounded by the City; 21 F. Collect all towing or hauling and storage charges on each vehicle from the 22 owner; in no event shall the city be liable for any such charge; 23 G. Whenever a vehicle has been involved in an accident or a traffic violation, 24 and the owner or someone delegated by him is present and is capable of removing the vehicle from 25 the street with reasonable dispatch, and the vehicle is not needed for criminal evidence, City 26 and/or Towing Carrier shall permit the owner or his delegate to remove the vehicle or call a 27 Towing Carrier of his or her own choice to remove the same; provided, however, that if the street 28 cannot be cleared for safe public use with reasonable dispatch by the above method, and in all RLS/js [Towing\Wilson Towing.Agreement! 1 November 1, 200S situations other than above set forth, a Towing Carrier from the top of the rotation list will be 2 called by the City; 3 H. Furnish each owner with a fully itemized billing; 4 1. Immediately after each towing operation, make a towing slip with the 5 contents of each vehicle placed in his or her care itemized thereon as verified by the officer 6 ordering the same and make the slip available to the City on request; 7 J. Release no impounded vehicle without first having obtained a release from 8 the City to do so; 9 K. Agree to a rotation system established by the City; 10 1. Comply with all rules, regulations and laws of the State of California, II County of San Bernardino and City of San Bernardino; 12 M. Have adequate equipment to handle calls from the City, impounds, and 13 storage of motor vehicles; 14 N. The carrier shall operate from a location within the City of San Bernardino, 15 and all of the facilities necessary to comply with the provisions of this resolution shall be located 16 within the City of San Bernardino; 17 O. Carry a broom, trash can and sand, clean and remove broken glass, spilled 18 oil, or gasoline from the area before departing, unless directed not to do so by police officers 19 and/or designated City employees at the scene; 20 P. Each Towing Carrier shall maintain insurance pursuant to the requirements 21 set forth below. The City of San Bernardino shall be named as an additional insured on all 22 policies including the workers compensation policies. Towing Carriers shall provide an 23 endorsement to each policy showing the City as an additional insured: 24 I) The Towing Carrier shall maintain the following minimum levels of 25 insurance from an insurance carrier admitted in California, or 26 admitted in the state in which the Towing Carrier business is 27 located, and is authorized to do business in California: 28 a) Minimum Level of Financial Responsibility (as required by RLS/js fTowing\Wilson Towing.Agreement] 2 November 1, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Q. 21 22 23 24 25 26 27 28 Section 34631.5 of the California Vehicle Code) - Bodily injury and property damage with a combined single limit of not less than $750,000 for Class A tow trucks. These minimum standards are to include non-owned and hired auto coverage; b) Uninsured Motorist - Legal minimum, combined single limit; c) On-Hook Coverage/Cargo - Insuring the vehicle in tow with limits based on the size of the tow truck; and, d) Garage Liability/Garage Keeper's liability - Includes premises and operations. Coverage for bodily injury and property damage with a combined single limit of not less than $500,000; 2) Proof of insurance shall be in the form of a certificate of insurance. Policy expiration or cancellation will immediately nullify the Agreement for Tow Services between the Towing Carrier and the City. The Towing Carrier's insurance policy shall provide for not less than 30 days written notice to the City in the event the insurance policy is canceled or is due to expire; and, Tow vehicles shall be rated at a minimum of 14000 GVWR. (Class A) 1) Tow Truck and Car Carrier Classifications: Tow truck and car carrier classifications are based on the truck chassis Gross Vehicle Weight Rating (GVWR) and the classification system used by the American Trucking Association (AT A) and truck manufacturers; 2) Towing Limitations; a) The total weight of the truck, including the lifted load, shall fall within the GVWR and not exceed either the Front Axle Weight Ratings (FA WR) or Rear Axle Weight Ratings 3 November I, 2005 RLS/Js [Towing\Wilson Towing,Agreement] I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RLS/js (Towing\Wilson Towing.Agreement] 3) (RAWR); b) All tow trucks and car carriers shall be equipped and in compliance with the most recent electronic version of the California Highway Patrol Tow Truck Inspection Guide (CHP 234B); and, c) The truck must meet all applicable state and/or federal standards; Identification Labels: Each piece of towing equipment shall have a label or identification tag permanently affixed to the equipment in a prominent location to identify the manufacturer, serial number, model, and rated capacity; Recovery Equipment Rating: The basic performance rating of the recovery equipment is the weight the equipment can lift in a winching mode, when the boom is static at a 30 degree elevation with the load lines vertical and the lifting cables sharing the load equally, measured with a live load (weight or load cell); a) The structural design of the recovery equipment must have a higher load capacity than the performance ratings; b) Winches shall conform to or exceed the specifications set forth by the Recovery Equipment Rating (SAE) Handbook, SAE 1706; and, c) All ratings for cable and chain assemblies are for the undamaged assembly condition. All cable and chain assemblies should be the same type, construction, and rating as specified by the original equipment manufacturer (OEM) for the equipment; Control/Safety Labels: All controls shall be clearly marked to indicate proper operation, as well as any special warnings or 4) 5) 4 November I, 2005 cautions; 2 6) Uniforms: City rotation tow drivers shall wear an identifiable 3 uniform shirt displaying the Towing Carrier and driver's names 4 while engaged in City rotation tow operations; and, 5 7) Safety Vests: City rotation tow drivers shall wear a safety vest or 6 reflectorizing clothing, meeting Occupational Safety and Health 7 Administration (OSHA) requirements. 8 Towing Carrier is not exempt from meeting legal requirements imposed by any city, 9 county, State or Federal laws or regulations. An example of this is the Clean Water Act. 10 Per Call Rotation System II 2. The City shall establish a per call rotation system of qualified Towing Carriers who 12 have entered into Agreements with the City for the performance of towing services in response 13 to calls from the City. All departments of the City shall comply with the rotation system. 14 3. Towing Carrier shall comply with and qualify under all the minimum requirements IS set forth in this Agreement as a condition precedent to being eligible to be placed on the rotation 16 list: 17 A. 18 19 20 21 22 23 24 25 26 27 28 The City shall maintain a rotation tow list for Class A tow trucks to ensure an equitable distribution of calls. Nothing in this Agreement for Tow Services shall prohibit the City from requesting a specific Towing Carrier when, in the on scene supervisor's opinion, the necessary resources to clear a hazard as expeditiously as possible are not available from the Towing Carrier currently at the top of the rotation tow list. If the City needs a tow vehicle that exceeds that of a Class A tow truck, the City may, in its discretion, contact a Towing Carrier with the size of tow truck needed. In such an instance, the Towing Carrier selected would be the next Towing Carrier on the list which has the qualifications (equipment, skills, timelines, etc.) to provide the required service. After the request, the selected Towing Carrier would then go to the bottom of the rotation tow list. Towing RLS/js [Towing\Wilson Towing.Agreement) 5 November 1, 2005 I 2 3 B. 4 5 6 7 8 9 10 II 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 Carriers on the same list that were by-passed would remain in the same order until their selection for a rotation tow for which they are qualified; A call to a Towing Carrier shall constitute one turn on the list and the Towing Carrier shall be moved to the bottom of the list. This includes when the Towing Carrier fails to answer the phone, is unable to respond, is unable to perform the required service, refuses to respond or provide service, or is canceled due to excessive response time. If it is determined that the Towing Carrier is not needed and is canceled by the City, up to and including arrival at the scene and standby time which does not result in a tow, there shall be no charges and the Towing Carrier will be placed back at the top of the list; I) Ifthe Towing Carrier is canceled by the vehicle's registered owner or agent prior to the towing carrier taking possession of the vehicle, there shall be no charges for towing. The Towing Carrier shall immediately contact the City and advise them of the cancellation. The Towing Carrier will then be placed back at the top of the list; and, 2) If service, other than towing, recovery, and load salvage, has begun and is canceled by the vehicle's registered owner or agent, the Towing Carrier may charge one-half of the regular hourly service charge for the time expended on the call. For purposes of cancellation, service begins when physical work on the vehicle has begun, not the response. No lien shall arise for the service unless the Towing Carrier has presented a written statement to the vehicle's registered owner or agent for the signed authorization of services to be performed. The Towing Carrier shall not attempt to take possession of the vehicle in order to establish a lien for any non-towing services performed, or begun and subsequently 6 November 1, 2005 RLS/js [Towing\Wilson Towing.Agreementl 'canceled, when not entitled to such lien by law; 2 C. If two or more Towing Carriers are called to the same incident, distribution 3 of the vehicles shall be at the discretion of the on-scene supervisor; 4 D. Towing Carriers shall have a minimum of three (3) verifiable years of for- 5 hire towing experience, as an owner or principal, prior to the final filing 6 date of an enrollment period in order to qualify for a rotation tow listing; 7 I) Towing Carriers and owners who do not meet the three year 8 verifiable for-hire towing experience may be considered for a 9 position on the City rotation tow list if a full-time manager who 10 possesses the required tow management experience is employed by II the Towing Carrier. An owner/Towing Carrier who releases 12 vehicles, completes lien sale paperwork, and other tow business 13 related documents for three years in the Towing Carrier, with the 14 qualified manager, will fulfill the three years for-hire towing 15 experience requirement; and, 16 4. Towing Carrier shall give or cause to be given written notice to the registered and 17 legal owners of each vehicle which is towed in conformity with the authorization and requirements 18 of this Agreement concerning the fact of such towing, the place at which such vehicle is stored and 19 the imposition of charges for towing, storage and related services whenever the Towing Carrier 20 knows or is able to ascertain from the registration records in the vehicle or from the registration 21 records of the Department of Motor Vehicles the name and address of the registered and legal 22 owners. The notice shall be given not more than ten (10) days from the date of the towing of the 23 vehicle by the Towing Carrier. 24 5. Every tow truck which is subject to the provisions of this Agreement and which by 25 Agreement responds to calls for service by the City, shall be clearly marked on both sides of the 26 cab with the name and telephone number of the Towing Carrier which operates the truck. 27 6. City shall enter into Agreements with Towing Carriers not to exceed one Towing 28 Carrier per 35,000 residents of the City. RLS/jS [Towing\Wilson Towing,Agreement] 7 November 1, 2005 I 7. This Agreement may be canceled by either party, without prejudice, upon thirty 2 (30) days written notice to the other party. 3 8. Each month, Towing Carrier shall submit a list of all vehicles towed the previous 4 month, including license plate numbers and vehicle identification numbers. 5 9. Towing Carrier shall charge for services on calls by the City in an amount not to 6 exceed ten dollars ($10) above the hourly rate set by the California Highway Patrol: 7 A. The rate for towing shall be computed from portal to portal. Time 8 expended shall be charged at a rate not to exceed the hourly rate. Time 9 expended in excess of the minimums shall also be at the hourly rate in no 10 more than one-minute increments. There shall be no additional charges for II mileage, labor, etc; 12 I) The Towing Carrier may charge up to a thirty-minute minimum per 13 call for any service or tow which is performed when the vehicle 14 operator or agent is present and the vehicle is not stored at the IS discretion of an officer; and, 16 2) The Towing Carrier may charge up to a one-hour minimum per call 17 on responses which result in storage of a vehicle at the direction of 18 an officer; 19 B. Rates for a service call (out of gas, lockouts, tire changes, etc.) shall be 20 from portal to end of service, and may be at the hourly rate with a thirty- 21 minute minimum. Charges in excess of thirty-minutes may be charged in 22 no more than one-minute increments; and, 23 C. The charge for after-hours release shall be no more than one-half the hourly 24 rate, and shall only be allowed on weekends, holidays, and outside normal 25 business hours. 26 10. Standby time for tow trucks will begin one (1) hour after receipt of calls from the 27 City, and is defined to mean the time consumed after the first hour in necessary preparations in 28 order to tow the disabled vehicle and in cleaning up the immediate surrounding area. RLS/js [Towing\Wilson Towing.Agreement] 8 November I, 2005 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 Towing Carrier shall charge for services for storage at the rates set by the California Highway Patrol for this area; 1) Fees for inside storage shall be charged only when inside storage is requested by the City, registered owner, legal owner, insurance company, or when the inside storage can otherwise be justified by the Towing Carrier; 2) The Towing Carrier shall display in plain vIew at all cashiers stations, a sign as described in Section 3070 of the Civil Code, disclosing all storage fees and charges in force, including the maximum storage rate; 3) Vehicles stored 24 hours or less shall be charged no more than one day storage; and, 4) Storage of vehicles in combination may be charged a per vehicle rate except for dollies, con-gear, etc., Dollies and con-gear may be charged a storage rate not to exceed Class A storage fees; The approved schedule of rates charged by the Towing Carrier shall be available in the tow truck, and shall be presented upon demand to the persons for whom the tow services were provided, their agent, or any officer at the scene; C. Rate requirements represent the maximum a Towing Carrier may charge on a City call. A Towing Carrier is not precluded from charging less when deemed appropriate by the Towing Carrier. These requirements shall not be construed as requiring a charge if a Towing Carrier would not normally charge for such service; and, D. Towing Carrier or employee shall not refer to any rate as required or set by the City. 12. In the event that a towed vehicle is forfeited by the owner in accordance with Section 14607.6 of the California Vehicle Code, the proceeds of the sale of the vehicle shall be 11. A. B. 22 23 24 25 26 27 28 RLS/js [Towing\Wilson Towing.Agreement] 9 November 1. 2005 I distributed pursuant to said section of said Code. 2 13. Towing Carrier shall be charged a franchise fee. No later than January 20 of each 3 year, the police department shall determine the average monthly franchise fees based on a cost 4 analysis and the average number of tows in the prior fiscal year. The Towing Carrier list will pay 5 an equal share of the franchise fees on a monthly basis. This franchise fee shall be paid from the 6 Towing Carrier profits and shall not be passed on to the vehicle owners. Should the total number 7 of Towing Carriers on the rotation list change, the franchise fee will be adjusted accordingly 8 among the Towing Carriers. Ten days notice shall be given to the participating Towing Carrier 9 of any change in the amount to be paid to the City. 10 14. The Administrative fee set by Resolution of the Common Council will be collected II by the San Bernardino Police Department. 12 IS. A. The Towing Carrier shall ensure that tow truck drivers responding to calls 13 initiated by the City are qualified and competent employees of the Towing 14 Carrier's company. The Towing Carrier shall ensure that the tow truck IS drivers are trained and proficient in the use of the tow truck and related 16 equipment, including, but not limited to, the procedures necessary for the 17 safe towing and/or recovery of the various types of vehicles serviced 18 through City rotation. Tow drivers shall perform all towing and recovery 19 operations in the safest and most expedient manner possible. Tow truck 20 drivers shall be at least 18 years of age and shall possess the proper class 21 license and endorsements for the towed and towing vehicle; 22 B. The Towing Carrier shall maintain a current list of drivers; and, 23 C. All tow truck drivers and owner/Towing Carriers shall be enrolled in the 24 Pull Notice Program; 25 I) Upon the addition of new drivers, a Towing Carrier will be granted 26 a maximum of 30 days to enroll drivers in the Pull Notice Program; 27 2) Pull Notices shall be kept on file, signed, and dated by the Towing 28 Carrier; and, RLSljs [Towing\Wilson Towing.Agreement] 10 November I, 2005 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 16. A. 3) The City may require a Towing Carrier to provide copies of Pull Notice Reports to the City. The Towing Carrier shall respond to calls 24 hours a day, seven days a week. Between 6:00 a.m. and 6:00 p.m., the response time shall be no more than twenty (20) minutes. Between 6:00 p.m. and 6:00 a.m. the response shall be no more than thirty (30) minutes. The Towing Carrier shall respond with a tow truck of the class required to tow the vehicle specified by the City. The Towing Carrier shall advise City dispatch, at the time of notification, if they are either unable to respond or unable to meet the maximum response time. If, after accepting the call, the Towing Carrier is unable to respond or will be delayed in responding, the Towing Carrier shall immediately notify the appropriate City department. The Towing Carrier shall not assign any calls to other Towing Carriers; I) A failure to respond to perform the required towing or service and/or repeated failures to meet the. maximum response time requirements shall constitute a failure to comply with the terms and conditions of this Resolution and the Agreement for Tow Services; 2) The City may take immediate disciplinary action for any violation of the requirement to respond within the maximum response time; and, 3) When a Towing Carrier will be temporarily unavailable to provide services due to a pre-planned or scheduled activity, the Towing Carrier shall notify the City at least 24 hours prior to the date that services will be unavailable, noting the times and dates of the unavailability; The Towing Carrier, or Towing Carrier's employees responding to a call, shall perform the towing or service required for which they were called unless the requested equipment is inadequate for the service to be B. 11 November l, 2005 RLS/j'i [Towing\Wilson Towing.Agreement] I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17. c. performed; and, Only the tow truck personnel and equipment requested shall respond to a City call. A Towing Carrier shall not respond to a City call assigned to another Towing Carrier unless requested to do so by the City; 1) This shall not preclude the Towing Carrier from responding to an incident to ascertain if additional assistance or equipment is required. There shall be no additional charge for any personnel or equipment that is not necessary to perform the required service; 2) There may be times when the Towing Carrier assigned the initial call may require the assistance of an additional Towing Carrier at the scene. The Towing Carrier assigned the initial call may, subject to prior Agreement with the City and with the concurrence of the on scene supervisor, request a specific Towing Carrier for assistance. The request shall be routed to the additional Towing Carrier through the City; and, 3) There may be times when a Towing Carrier, who was not called to a scene, comes upon a collision scene where a vehicle or vehicles are blocking a roadway and an officer requests assistance in clearing the roadway. In such a case, the Towing Carrier may be requested to move the vehicle to a safe location, as directed by the officer, and leave it. There shall be no charge for this assistance and the assistance provided shall not change the Towing Carrier's place in the rotation. The Towing Carrier shall be responsible for the security of vehicles and property at the place of storage. At a minimum, a fenced or enclosed area shall be provided. The Towing Carrier is responsible for the reasonable care, custody, and control of any property contained in towed or stored vehicles; A. 12 November 1, 2005 RLS/js [Towing\Wilson Towing.Agreement} 2 3 4 5 6 7 8 9 10 II 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 B. The Towing Carrier shall obtain approval from the City prior to the removal of any property from a stored or impounded vehicle and shall provide a receipt, with a copy placed in the stored vehicle. The requirement to obtain approval from the City prior to the removal of property may be excused by the City if it is determined that proper safeguards and procedures are utilized by the Towing Carrier; 1) This requirement may not be waived in cases where a vehicle has been impounded for evidence or investigation; 2) Upon approval from the City, the Towing Carrier shall release personal property from an impounded vehicle at the request of the vehicle registered owner or agent; a) There shall be no charge for the release of personal property during normal business hours. Towing Carrier may charge an after hours release fee for property released after normal business hours, consistent with the after-hours vehicle release provisions; and, b) Personal property is considered to be items which are not affixed to the vehicle. Personal property from a stored vehicle shall be released upon request of the vehicle registered owner or agent. Responses are mandatory on weekends, holidays, and outside normal business hours, provided the vehicle's current registered owner or owner's authorized agent are available for return of personal property. Payment for an after-hour release of property may be required at the time of the release; and, 3) Cargo shall be released upon demand of the carrier or pursuant to a court order; The primary storage facility shall normally be at the same location as the c. 13 November I, 2005 RLS/js [Towing\Wilson Towing.Agreement] 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D. business address. If not at the same location, there shall be no charge for any additional distance traveled to and from a secondary location. The vehicle and/or personal property shall be released at the primary storage facility or place of business upon request of the registered owner or a person having a legal entitlement to the vehicle and/or property. I) Prior to the utilization of new storage facilities that were not listed on the application for rotation tow listing, the Towing Carrier shall furnish the address and obtain the City's approval; and, 2) Secondary storage facilities shall be located reasonably close to the main business office; 3) All storage facilities shall meet all legal requirements for such facility; Towing Carrier's place of business shall have a sign that clearly identifies it to the public as a towing service. The sign shall have letters that are clearly visible to the public from the street. The sign shall be visible at night; For the purpose of this Agreement for Tow Services, "normal business hours" shall not be less than 8 a.m. to 5 p.m., Monday through Friday, except for the following recognized holidays: New Year's Day, Martin Luther King Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, day after Thanksgiving Day, and Christmas Day; Business hours shall be posted in plain view to the public. Offices staffed with only one employee may be closed for one hour at lunch. A sign shall be posted with the reason for closure. The sign shall have a phone number where a request will result in an immediate response to release property or vehicles. Response to the office shall be within the time frame required for tow response; E. F. 14 November], 2005 RLSijs [Towing\Wilson Towing.Agreement] 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G. Employees shall be properly trained to conduct business transactions related to towing, storage, and release of vehicles/property; and, The City shall ensure that proper provisions are in place for the release of all impounded vehicles. Towing Carrier shall respond for after-hours release of vehicles when requested by the current registered owner or owner's authorized agent. The Towing Carrier shall accept all guaranteed forms of payment including, without limitation, money orders, certified checks, debit cards and all widely accepted credit cards. There shall be no surcharge for the use of a credit card. If the form of payment cannot be accepted by the Towing Carrier due to any failure by the Towing Carrier or Towing Carrier's payment processing equipment, Towing Carrier shall not charge storage fees beyond date of such failure. The Towing Carrier shall post in its office a list of rights of the owner of the vehicle under this Agreement for Tow Services. The rights are set forth on Exhibit E to this Resolution. A stored vehicle shall be released to the registered owner upon presentation of the registration and valid proof of identification and payment of all towing and storage charges. If the registration is not immediately available, the Towing Carrier shall obtain the registered owner's information from DMV records as soon as possible. If the Towing Carrier does not release the vehicle as required by this subsection, storage charges shall cease on the date of presentation of the documentation and payment of the accrued charges. An impounded vehicle shall be released to the person named in the Tow Release Form issued by the San Bernardino Police Department upon payment of towing and storage charges and presenting valid proof of identification. If the Towing Carrier does not release the vehicle as H. I. J. K. L. 15 November 1. 2005 RLS/js [Towing\Wilson Towing.Agreement] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 18. 19. A. required by the subsection, storage charges shall cease on the date of presentation of the documentation and payment of the accrued charges. The Towing Carrier shall maintain records of all tow services furnished. The records will be maintained at the Towing Carrier's place of business Invoices shall at a minimum include a description of each vehicle, nature of service, start time, end time, location of call, itemized costs of towing and storage, the tow truck driver's name, and truck used; At the Towing Carrier's primary office, the Towing Carrier shall also maintain business records relating to personnel, insurance, personnel taxes, payroll, applicable operating authorities, local operating authorities, lien sale actions, Federal Communication Commission licensing, and non-City tows; The City may inspect all Towing Carrier records without notice during normal business hours; Towing Carrier shall permit the City to make copies of business records at its place of business, or to remove business records for the purpose of reproduction. The City shall provide a receipt for any (original) records removed from the place of business; Records shall be maintained and available for inspection for a period of two years plus the current term of this Agreement for Tow Services; and, Failure of the Towing Carrier to comply with the inspection requirements shall be cause for suspension. No Towing Carrier or applicant shall be directly involved in the towing- related business of any other Towing Carrier or applicant on the City's tow rotation; Storage facilities owned by a Towing Carrier, and shared with another Towing Carrier, shall only be approved if the owner/Towing Carrier charges for the space exclusively on a flat monthly rate rather than a B. c. D. E. F. A. B. 16 November 1. 2005 RLS/js [Towing\Wilson Towing.Agreement] 2 3 C. 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vehicle-by-vehicle basis, or combination thereof. Facilities shared by Towing Carriers shall be physically separated and secured from each other; The sale or transfer of the controlling interest in a Towing Carrier shalJ immediately terminate this Agreement for Tow Services subject to the notice of change of ownership provision set forth below in this subsection. A sale or transfer of the controlling interest in a Towing Carrier is defined in Municipal Code Section 5.04.026 as follows: A. Any business registration certificate or any permit issued or granted pursuant to this title is a privilege to be held by the original permittee or certificate holder thereof. It cannot be sold, transferred, assigned or disposed of, in whole or in part, or by voluntary sale, merger, consolidation or otherwise. B. In the event a permittee or certificate holder is a corporation, a new permit or certificate shall be required when there is an actual change in control or when ownership of more than fifty (50%) of the voting stock of the permittee or certificate holder is acquired by a person or group of persons acting in concert, none of whom already own fifty percent (50%) or more of the voting stock, singly or collectively. C. In the event a permittee or certificate holder is a partnership, a new permit or certificate shall be required when there is an actual change in control or when ownership of fifty percent (50%) or more of the capital or profits of the permittee or certificate holder is acquired by a person or group of persons acting in concert, none of whom already own fifty percent (50%) or more of such capital or profits, singly or collectively. A new owner may apply for a rotation tow listing at any time during the remainder of the current Agreement for Tow Services term. However, the open positions on the City's tow rotation wilJ also be opened for applications from other qualified Towing Carriers. Termination for this reason is exempt from the 30 day notice of cancelJation 17 November 1. 2005 RLS/Js [Towing\Wilson Towing.Agreement] set forth in other provisions of this Resolution. Also refer to requirements 2 in Resolution No. 2005-286 required of new tow services Towing Carriers 3 who wish to apply to the City's tow rotation. The City through its Police 4 Department, shall be notified no later than seven (7) days after a change of 5 ownership in a Towing Carrier on its tow service rotation. Notice shall be 6 given to the Traffic Sergeant at the Police Department. If the City is not so 7 notified within the seven day period, the termination takes effect 8 immediately at the end of the seven day period. If the City is notified of the 9 change of ownership within the seven day period, the Agreement for Tow 10 Services may be assigned or transferred to the new owner. This assignment I I or transfer shall be on an interim basis until the selection process of the 12 replacement Towing Carrier(s) takes place. In no event, shall assignment 13 or transfer exceed 60 days. The Towing Carrier under new ownership must 14 meet the minimum qualifications in Resolution No. 2005-286 to be placed 15 on the City's tow rotation; and, 16 D. A terminated or suspended Towing Carrier, and/or the Towing Carrier 17 business owner at the time of the suspension or termination, shall not be 18 eligible for a rotation listing for the duration of the suspension or 19 termination. This provision applies to the Towing Carrier working in any 20 capacity within any tow business or operating any tow business, and to the 21 tow business, even if operated under new ownership. This provision does 22 not apply to Section 19(C) regarding termination due to a change in 23 ownership. 24 20. The City shall conduct, at a minimum, one annual meeting to discuss issues 25 concerning the tow rotation. All meetings shall be mandatory for the Towing Carrier or Towing 26 Carrier's designee wishing to remain on rotation. The City shall give the Towing Carrier 30 days 27 written notice of these meetings. 28 21. A. While involved in City rotation tow operations or related business, the RLS/js [Towing\Wilson Towing,Agreement] 18 November I, 2005 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 22. B. Towing Carrier and/or employees shall refrain from any acts of misconduct including, but not limited to, any of the following: I) Rude or discourteous behavior; 2) Lack of service, selective service, or refusal to provide service which the Towing Carrier is/should be capable of performing; 3) Any act of sexual harassment or sexual impropriety; 4) Unsafe driving practices; 5) Exhibiting any objective symptoms of alcohol and/or drug use; or, 6) Appearing at the scene of a City rotation tow call with the odor of an alcoholic beverage emitting from the Towing Carrier's employee's breath. The Towing Carrier/tow truck driver shall submit to a preliminary alcohol screening test upon demand of the City; All City related tow service complaints received by the City against a Towing Carrier or Towing Carrier employees will be accepted and investigated in a fair and impartial manner. The Towing Carrier will be notified of the results of any investigation; and, Should the filing of criminal charges be a possibility, the City will conduct the investigation to conclusion or assist the lead investigation agency and, if warranted, request prosecution. The Towing Carrier and employees shall, at all times, comply with federal, state, and local laws and ordinances; 1) In the event of a minor traffic violation by a tow truck driver which is known by the City, the Towing Carrier shall be advised of the violation by the City. The Towing Carrier will be granted the opportunity to take necessary steps to ensure that the driver complies with the law. Any subsequent traffic violations may be cause for disciplinary action against the Towing Carrier and/or the C. A. 19 RLS/jS [Towing\Wilson Towing.Agreement] November I, 2005 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 B. C. 23. D. involved employees; and, 2) Any flagrant traffic violation may be cause for immediate disciplinary action against the Towing Carrier and/or the involved employees; The provisions contained in any compliance with law provisions in this Agreement do not preclude the City from taking appropriate enforcement or administrative action for any violations of law. Complaints for violations of the law not normally investigated by City will be referred to the agency with investigation jurisdiction; Any conviction of the Towing Carrier or employee involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a drug-related offense, felony driving while under the influence of alcohol and/or a drug, misdemeanor driving while under the influence of alcohol and/or a drug, or moral turpitude while involved in a City rotation tow call shall be cause for removal of the employee from the list of current City rotation tow truck drivers, denial of Towing Carrier application, or termination of the Agreement for Tow Services; and, A Towing Carrier or employee arrested/charged for a violation involving any of the above crimes may be suspended until the case is adjudicated. The City shall take disciplinary action against Towing Carriers for violations investigated and confirmed or sustained. Unless otherwise noted, the City shall determine the period of suspension. The City shall retain discretion regarding the length of any suspension imposed pursuant to the terms and conditions of this Agreement for Tow Services; Records of violations shall be retained by the City for at least 36 months; A violation of the equipment requirements related to safety shall be cause for immediate suspension. The suspension will remain in effect until the A. B. C. 20 November 1, 2005 RLS/js [Towing\Wilson Towing.Agreement] I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D. period of suspension is completed and the City has conducted an inspection and concluded the Towing Carrier is in compliance; A violation of the GVWR and safe loading requirements of a tow truck may be cause for immediate suspension. This includes exceeding the tow truck's GVWR, front axle weight rating, rear axle weight rating, maximum tire weight ratings, or not maintaining 50 percent of the tow truck's unladen front axle weight on the front axle when in tow; A violation of intentionally overcharging or a pattern of overcharging shall be cause for suspension. The suspension will remain in effect until the period of suspension is completed and the Towing Carrier has presented proof to the City that reimbursement has been made to the aggrieved customer; City personnel shall not be offered gratuities, and requests for gratuities shall not be honored by Towing Carriers, employees, or associates of the Towing Carrier. A violation of this section shall be cause for suspension or termination; Failure of the Towing Carrier to satisfy a court order mandating reimbursement to the vehicle owner or property owner for the damage or loss which occurred while the vehicle was in the Towing Carrier's custody will result in a suspension. The suspension will remain in effect until the period of suspension is completed and the Towing Carrier has presented proof of the reimbursement; Failure of the Towing Carrier to comply with the inspection requirements of this Agreement for Tow Services will result in a suspension. The suspension will remain in effect until the period of suspension is completed and the Towing Carrier has complied with the inspection requirement; Failure of the Towing Carriers to send tow truck drivers who are qualified and competent employees on City calls shall be cause for suspension. The E. F. G. H. 1. 21 November I, 2005 RLS/js [Towing\Wilson Towing,Agreement] ry 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 24. J. suspension will remain in effect until the period of suspension is completed and the Towing Carrier has presented proof to the City that the driver is qualified and competent; Failure of the Towing Carrier to maintain the mllllmum insurance requirements set forth in the Agreement for Tow Services will immediately nullify the Agreement for Tow Services. The Towing Carrier will be subject to an additional suspension for failure to notify the City in advance of the insurance policy expiration or cancellation; and, Failure of the Towing Carrier or employee to comply with law provisions, Demeanor and Conduct and/or compliance with law provisions may be cause for suspension if deemed appropriate by the City. Minor violations of the terms and conditions of the Agreement for Tow Services may be cause for disciplinary action in the following manner: 1. First violation within a 12 month period - letter of written reprimand; 2. Second violation within a 12 month period - 1 to 30 day suspension; 3. Third violation within a 12 month period - 60 to 90-day suspension; and, 4. Fourth violation within a 12 month period - termination of the Agreement for Tow Services. Note: In lieu of termination, the City may impose additional suspensions for longer periods, if deemed appropriate; Violations of the terms and conditions ofthe Agreement for Tow Services that are subject to suspension for the first violation are categorized as major violations. Any subsequent or continuing major violation may be cause for termination; 1. When considering punitive action for a major violation of the Agreement for Tow Services, the City may take into consideration K. A. B. 22 November 1. 2005 RLS/js [Towing\ Wilson Towing_Agreement} 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 25. c. all major and minor violations that occurred within 36 months prior to the date of the current violations; and, 2. Termination shall be invoked if, in the City's judgment, continued participation in the Rotation Tow Program by the affected Towing Carrier may result in a hazard to public safety and/or welfare, or the Towing Carrier has been convicted of a crime listed in paragraph 22C; and, Nothing herein shall be deemed to prohibit the City from immediately suspending any Towing Carrier or employee whose conduct, in the opinion of the City, is deemed to be a danger to the motoring public or who has engaged in conduct constituting a flagrant violation of the Agreement for Tow Services. In the event the City serves the Towing Carrier with disciplinary action, the Towing Carrier may request a hearing within seven calendar days by submitting a request in writing to the Traffic Sergeant at the Police Department. If a hearing is requested, it shall be held as soon as practible. The hearing shall be conducted by the Traffic Sergeant or designee, and the Towing Carrier shall be entitled to present all relevant facts and circumstances in support of the Towing Carrier's position. The Towing Carrier shall be further entitled to present testimony of at least one qualified person. The Towing Carrier shall be notified in writing of the Traffic Sergeant's decision(s) within ten business days of the date of completion of the hearing; Following a hearing, if the Towing Carrier is dissatisfied with the Traffic Sergeant's decision(s), the Towing Carrier may appeal by submitting a request in writing to the City Clerk, pursuant to Municipal Code Chapter 2.64, and paying any applicable fees; and, A suspension shall not take effect until the hearing and appeal process has A. B. c. 23 November I. 2005 RLS/js [Towing\Wilson Towing.AgreementJ 2 been exhausted, with the exception of Towing Carriers whose conduct is deemed to be a danger to the motoring public or who continue to violate the terms and conditions of this Agreement for Tow Services. If a Towing Carrier fails to request a hearing or appeal, the action taken by the City shall be final, and the suspension shall take effect upon written notification to the 3 4 5 6 7 Towing Carrier by the City. 26. The Towing Carrier shall not display any sign or engage in any advertisement 8 indicating an official or unofficial connection with the City or Department of Motor Vehicles. 9 27. Either party may cancel this Agreement for Tow Services by giving 30 days written 10 notice to the other party. Cancellation shall not be subject to the appeals provisions of Resolution 11 No. 2005-286 and this Agreement for Tow Services. 12 28. Upon reasonable advance written notice, City shall have the right to review and 13 audit the books of Towing Carrier's place of business and during business hours. 14 29. The parties understand and agree that this Agreement grants Towing Carrier a non- 15 exclusive franchise. 16 30. Towing Carrier shall also comply with all provisions of the Resolution of the Mayor 17 and Common Council of the City of San Bernardino Establishing Standard Criteria for Companies 18 to Provide Tow Services for the City of San Bernardino as said Resolution exists and/or as said 19 Resolution may be amended from time to time. 20 31. This Agreement represents the entire Agreement between the City and the Towing 21 Carrier and fully supersedes any and all previous Agreements entered into by and between the City 22 of San Bernardino and WILSON TOWING, LLC. 23 32. Any notice to be given pursuant to this Agreement by either party to the other shall 24 de deposited with the United States Postal Service, postage prepaid, and addressed as follows: 25 To the City: City Administrator 300 North "D" Street San Bernardino, CA 92418 26 27 / / / 28 / / / RLS/js [Towing\Wilson Towing.Agreement] 24 November I, 2005 I 2 3 To Towing Carrier: WILSON TOWING LLC 2310 E. 3'. Street San Bernardino, CA 92410-5200 4 Nothing in this paragraph shall be construed to prevent the giving of notice by personal 5 service. 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and 7 date first above shown. 8 9 10 II Attest: 12 By: 13 14 15 16 Approved as to Form 17 and Legal Content: 18 JAMES F. PENMAN City Attorney 19 ~/ ) 20 .. (/. 21 22 23 24 25 26 27 28 CITY OF SAN BERNARDINO By: Mayor Judith Valles TOWING CARRIER By: Print Name: RLSfjs [Towing\Wilson Towing.Agreement] 25 November 1, 2005