HomeMy WebLinkAbout2005-286
NOTE: AMENDED BY RESOLUTION
2008-347
AMENDED BY RESOLUTION
2011-91
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RESOLUTION NO. 2005-286
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 99-86 AND EST ABLISHING
3 ST ANDARD CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR
THE CITY OF SAN BERNARDINO.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1. Resolution No. 99-86 establishing standard criteria for towing carriers to
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provide tow services is hereby repealed.
SECTION 2. Recitals.
WHEREAS, the City needs to maintain an orderly system for City-initiated towing of
vehicles within the City;
WHEREAS, the City wishes to ensure the efficient and safe procurement of these towing
services through a rotational system;
WHEREAS, limiting the number of towing carriers on the rotational list will serve to
clarify responsibility, minimize administrative confusion and allow for setting and supervising
quality standards, as well as minimizing the unsafe practice of "chasing;"
WHEREAS, requiring vendors on the rotational tow list to maintain a tow yard within the
City limits will promote the safe and efficient rendition of services by reducing out-of-jurisdiction
time by police officers, by not requiring citizens to travel to unfamiliar locations to retrieve their
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vehicles and will allow the San Bernardino Police Department to better monitor compliance with
requirements placed on vendors.
SECTION 3. This Resolution applies only to non-consensual tows of vehicles initiated by
the City. Towing Carriers providing tow services for the City of San Bernardino shall first enter
into an agreement with the City of San Bernardino granting a non-exclusive franchise agreement,
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which shall include, but shall not be limited to, the following terms and conditions:
EXISTING TOWING CARRIER REQUIREMENTS:
1. Every towing carrier currently on the tow rotation shall meet the following
minimum requirements:
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August 8. 2005
~-C:'9~~
1 RESOLUTION OF THE MAYOR AND QOMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD
2 CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF
SAN BERNARDINO.
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A. Have a minimum storage space for 200 vehicles with a minimum of twelve
inside spaces; outside storage lots must be adequately lighted. (Requirement for carrier currently
Have an attendant on call twenty-four (24) hours a day, seven days a week
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Have no more than two telephone numbers listed with any City department;
Store towed vehicles in a safe and protected space where the vehicles and
their contents will not be accessible to thieves nor be damaged by activity in the towing carrier's
establishment or from the elements or by vandals; no vehicles shall be left parked or stored on the
public streets at anytime; in no event shall the city be liable for any theft, vandalism or damage
occurring to any such vehicle or its contents;
E. Post a tag on the windshield on all cars ordered impounded by the City;
F. Collect all towing or hauling and storage charges on each vehicle from the
owner; in no event shall the city be liable for any such charge;
G. Whenever a vehicle has been involved in an accident or a traffic violation,
and the owner or someone delegated by him is present and is capable of removing the vehicle from
the street with reasonable dispatch, and the vehicle is not needed for criminal evidence, City
and/or towing carrier shall permit the owner or his delegate to remove the vehicle or call a towing
carrier of his or her own choice to remove the same; provided, however, that if the street cannot
be cleared for safe public use with reasonable dispatch by the above method, and in all situations
other than above set forth, a towing carrier from the top of the rotation list will be called by the
City;
H. Furnish each owner with a fully itemized billing;
I. Immediately after each towing operation, make a towing slip with the
contents of each vehicle placed in his or her care itemized thereon as verified by the officer
RLS/js ffowing\Towing.Res]
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August 8, 2005
~"" "'"'
1 RESOLUTION OF THE MAYOR AND GOMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD
2 CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF
SAN BERNARDINO.
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ordering the same and make the slip available to the City on request;
Release no impounded vehicle without fIrst having obtained a release from
Agree to a rotation system established by the City;
Comply with all rules, regulations and laws of the State of California,
County of San Bernardino and City of San Bernardino;
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M.
Have adequate equipment to handle calls from the city, impounds, and
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storage of motor vehicles;
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N.
The carrier shall operate from a location within the City of San Bernardino,
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and all of the facilities necessary to comply with the provisions of this resolution shall be located
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within the City of San Bernardino;
O.
Carry a broom, trash can and sand, clean and remove broken glass, spilled
oil, or gasoline from the area before departing, unless directed not to do so by police officers
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and/or designated City employees at the scene;
P. Each towing carrier shall maintain insurance pursuant to the requirements
set forth below. The City of San Bernardino shall be named as an additional insured on all
policies including the workers compensation policies. Towing carriers shall provide an
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endorsement to each policy showing the City as an additional insured:
1) The towing carrier shall maintain the following minimum levels of
insurance from an insurance carrier admitted in California, or
admitted in the state in which the towing carrier's business is
located, and is authorized to do business in California:
a) Minimum Level of Financial Responsibility (as required by
Section 34631.5 of the California V ehicle Code) - Bodily
injury and property damage with a combined single limit of
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August 8. 2005
._T.~"C~
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD
2 CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF
SAN BERNARDINO.
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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,
Q. 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
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August 8, 2005
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD
2 CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF
SAN BERNARDINO.
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Weight Ratings (FA WR) or Rear Axle Weight Ratings
(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;
3) 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;
4) 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,
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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
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August 8, 200S
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD
2 CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF
SAN BERNARDINO.
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as specified by the original equipment manufacturer (OEM)
for the equipment;
5) Control/Safety Labels: All controls shall be clearly marked to
indicate proper operation, as well as any special warnings or
cautions;
6) Uniforms: City rotation tow drivers shall wear an identifiable
uniform shirt displaying the towing carrier and driver's names while
engaged in City rotation tow operations; and,
7) Safety Vests: City rotation tow drivers shall wear a safety vest or
reflectorizing clothing, meeting Occupational Safety and Health
Administration (OSHA) requirements.
Such towing carriers shall also comply with all other terms of this Resolution.
No towing carrier is exempt from meeting legal requirements imposed by any city,
county, State or Federal laws or regulations. An example of this is the Clean Water Act.
There are currently on the City's tow rotation three permanent towing carriers and
three interim towing carriers as follows:
Permanent Towing Carriers
Tri City Towing
Danny's Towing
City Towing
Interim Towing Carriers
Wilson Towing, LLC
Big Z Autoworks, Inc.
Hayes Towing
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RLS/js [Towing\Towing.Res]
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August 8, 2005
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD
2 CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF
SAN BERNARDINO.
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NEW TOWING CARRIER REOUIREMENTS:
Every towing carrier that becomes part of the City tow rotation after the adoption of this
Resolution shall meet the minimum requirements set forth in Exhibit" A" and incorporated by this
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reference. These requirements shall also apply to towing carriers under new ownership that apply
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to join the City rotation after a change of ownership occurs at that towing carrier. Such towing
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carriers shall also comply with all the terms of this Resolution.
Grandfatherine:
The City understands that any towing carrier currently on the rotation met the towing
carrier requirements in effect at the time of being placed on the rotation whether as a permanent
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or interim towing carrier. The City has made some of the new tow services requirements more
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stringent than those in effect under Resolution Number 99-86. The minimum requirements in
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Exhibit "A" to this Resolution shall apply only to any and all towing carriers joining the tow
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rotation after the effective date of this Resolution. These changes are necessary for the public
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health, safety and welfare. Once a tow business has been sold or transferred to a new owner, by
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whatever means (Le., acquisition of majority interest in towing carrier, new partnership, etc.),
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there is no basis for continuing to allow the business to operate under discontinued requirements,
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and the grandfathered status of said business shall terminate. [End of Grandfathering statement.]
Per Call Rotation Svstem
2. The City shall establish a per call rotation system of qualified towing carriers who
have entered into agreements with the City for the performance of towing services in response to
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calls from the City. All departments of the City shall cdmply with the rotation system.
3. Every towing carrier shall comply with and qualify under all the requirements set
forth in this Resolution as a condition precedent to being eligible to be placed on the rotation list:
A. The City shall maintain a rotation tow list for Class A tow trucks to ensure
an equitable distribution of calls. Nothing in this Resolution or the
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August 8, 2005
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD
2 CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF
SAN BERNARDINO.
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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 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;
B. 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.
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August 8. 2005
_tie.."..".
-]C..
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD
2 CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF
SAN BERNARDINO.
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The towing carrier will then be placed back at the top of the list;
and,
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 canceled,
when not entitled to such lien by law;
C. If two or more towing carriers are called to the same incident, distribution
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of the vehicles shall be at the discretion of the on-scene supervisor;
D. Towing Carriers applying for a rotation tow listing 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;
1) 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,
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RLS/js [Towing\Towing.Res]
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August 8, 2005
_~C'''''"C"""".,
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD
2 CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF
SAN BERNARDINO.
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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,
E. Based upon the needs of public safety, the Chief of Police, or his/her
designee, at his/her discretion has the authority to include in the tow
rotation an interim towing carrier. The interim towing carrier shall meet
the minimum requirements for towing carriers set forth in this Resolution
and be in good standing on the local California Highway Patrol tow
rotation. The interim towing carrier must also agree to be bound by all
other terms and conditions in this Resolution, including the payment of all
fees due to the City. Any interim appointment made under this paragraph
can be up to thirty (30) days. At the end of the 30 day period, the Chief of
Police, in his/her discretion, can extend the term on the tow rotation for
another period up to thirty (30) days. The initial appointment of such an
interim towing carrier shall be made by drawing the name of a towing
carrier from those qualified towing carriers located within the City of San
Bernardino who are not currently on the tow rotation. If an interim towing
carrier is needed beyond the maximum 60 day period allowed under this
subsection, another name shall be drawn from the list of qualified towing
carriers located within the City of San Bernardino. Any towing carrier
previously appointed as an interim towing carrier shall be excluded from
the subsequent drawing of a name.
4. Each towing carrier shall give or cause to be given written notice to the registered
and legal owners of each vehicle which is towed in conformity with the authorization and
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August 8. 2005
.,.,.,~",,~,.q_,~_._.m"m'-"'__
".
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD
2 CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF
SAN BERNARDINO.
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requirements of this Resolution concerning the fact of such towing, the place at which such vehicle
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is stored and the imposition of charges for towing, storage and related services whenever the
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towing carrier knows or is able to ascertain from the registration records in the vehicle or from
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the registration records of the Department of Motor Vehicles the name and address of the
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registered and legal owners. The notice shall be given not more than ten (10) days from the date
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of the towing of the vehicle by the towing carrier.
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5.
Every tow truck which is subject to the provisions of this resolution and which by
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agreement responds to calls for service by the City, shall be clearly marked on both sides of the
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cab with the name and telephone number of the towing carrier which operates the truck.
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6.
City shall enter into agreements with towing carriers not to exceed one towing
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carrier per 35,000 residents of the City.
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7.
Any agreement entered into pursuant to the terms of this Resolution may be
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canceled by either party, without prejudice, upon thirty (30) days written notice to the other party.
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8.
Each month, Towing Carriers shall submit a list of all vehicles towed the previous
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month, including license plate numbers and vehicle identification numbers.
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9.
Towing Carriers shall charge for services on calls by the City in an amount not to
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exceed ten dollars ($10) above the hourly rate set by the California Highway Patrol:
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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
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August 8, 2005
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD
2 CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF
SAN BERNARDINO.
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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
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order to tow the disabled vehicle and in cleaning up the immediate surrounding area.
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11.
A.
Towing carriers 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
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August 8, 200S
"'n" ""
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD
2 CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF
SAN BERNARDINO.
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B.
day storage; and,
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
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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.
No towing carrier or employee shall 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
distributed pursuant to said section of said Code.
13. The towing carriers shall be charged a franchise fee set forth in the Agreement for
Tow Services. No later than January 20 of each year, the police department shall determine the
average monthly franchise fees based on a cost analysis and the average number of tows in the
prior fiscal year. The towing carriers on the police department rotation list will each pay an equal
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share of the franchise fees on a monthly basis. This franchise fee shall be paid from the towing
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carrier's profits and shall not be passed on to the vehicle owners. Should the total number of
towing carriers on the rotation list change, the franchise fee will be adjusted accordingly among
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August 8. ZOOS
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~,~... ~ - -
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD
2 CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF
SAN BERNARDINO.
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the towing carriers. Ten days notice shall be given to the participating towing carriers of any
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change in the amount to be paid to the City.
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14. The Administrative fee set by Resolution of the Common Council will be collected
by the San Bernardino Police Department.
The towing carrier shall ensure that tow truck drivers responding to calls
initiated by the City are qualified and competent employees of the towing
carrier's company. The towing carrier shall ensure that the tow truck
drivers are trained and proficient in the use of the tow truck and related
equipment, including, but not limited to, the procedures necessary for the
safe towing and/or recovery of the various types of vehicles serviced
through City rotation. Tow drivers shall perform all towing and recovery
operations in the safest and most expedient manner possible. Tow truck
drivers shall be at least 18 years of age and shall possess the proper class
license and endorsements for the towed and towing vehicle;
B. The towing carrier shall maintain a current list of drivers; and,
15. A.
C. All tow truck drivers and owner/towing carriers shall be emolled in the Pull
Notice Program;
1) Upon the addition of new drivers, a towing carrier will be granted
a maximum of 30 days to emoll drivers in the Pull Notice Program;
2) Pull Notices shall be kept on file, signed, and dated by the towing
carrier; and,
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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
RLSIjs [Towing\Towing.Res]
14
August 8, 2005
"!:'?w,f~"F'?>:;:.:.:~...~.'~
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 99-86 AND EST ABLISHING STANDARD
2 CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF
SAN BERNARDINO.
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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 carriers
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;
The City may take immediate disciplinary action for any violation
of the requirement to respond within the maximum response time;
2)
and,
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 ;
B. The towing carrier, or towing carrier's employees responding to a call,
3)
shall perform the towing or service required for which they were called
unless the requested equipment is inadequate for the service to be
performed; and,
RLSIjs rrowing\Towing.Res]
15
August 8. 2005
_'__,~c
0-"'-
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD
2 CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF
SAN BERNARDINO.
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C. 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;
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;
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
1)
2)
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 I s place in the
rotation.
17. A.
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
RLSIjs [Towing\Towing.Res]
16
August 8. 2005
. ....-21
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD
2 CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF
SAN BERNARDINO.
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B.
care, custody, and control of any property contained in towed or stored
vehicles. See Exhibit "A" for alarm requirements;
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
RLS/js rrowing\Towing.Res]
17
AugustS. 2005
--~O"_"
--,
,''',,,_,.
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD
2 CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF
SAN BERNARDINO.
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3)
property. Payment for an after-hour release of property may
be required at the time of the release; and,
Cargo shall be released upon demand of the carrier or pursuant to
a court order;
C. The primary storage facility shall normally be at the same location as the
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,
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 ;
D. A 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;
E. For the purpose of this Resolution and 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 I s
Day, Martin Luther King Day, Presidents I Day, Memorial Day,
RLSljs [Towing\Towing.Res]
18
August 8, 2005
".~.YC,"7i-':""','i"""'.""'~-"'-
. .A
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD
2 CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF
SAN BERNARDINO.
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Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, day
after Thanksgiving Day, and Christmas Day;
F. 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;
G. Employees shall be properly trained to conduct business transactions related
to towing, storage, and release of vehicles/property; and,
H. The City shall ensure that proper provisions are in place for the release of
all impounded vehicles. Towing carriers shall respond for after-hours
release of vehicles when requested by the current registered owner or
owner's authorized agent.
I. 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 payment
processing equipment, towing carrier shall not charge storage fees beyond
date of such failure.
J. The towing carrier shall post in its office a list of rights of the owner of the
vehicle under this Resolution and Agreement for Tow Services. The rights
are set forth on Exhibit E to this Resolution.
K. A stored vehicle shall be released to the registered owner upon presentation
RLSIjs [Towing\Towing.Res]
--~---
--,-
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD
2 CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF
SAN BERNARDINO.
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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
Department of Motor Vehicles 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.
L. 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 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.
18. A.
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;
B. 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;
C. The City may inspect all towing carrier records without notice during
normal business hours;
RLS/js [Towing\Towing.Res]
20
August J 2, 2005
'--':";;2~:-::~'C7:.':O::-"i.:":25-:=+-
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD
2 CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF
SAN BERNARDINO.
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D. Towing carriers shall pennit the City to make copies of business records at
their 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
E.
years plus the current term of this Resolution and the Agreement for Tow
Services; and,
F. Failure of the towing carrier to comply with the inspection requirements
shall be cause for suspension.
19.
A.
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;
B. Storage facilities owned by a towing carrier, and shared with another
towing carrier, shall only be approved if the owner ftowing carrier charges
for the space exclusively on a flat monthly rate rather than a vehicle-by-
vehicle basis, or combination thereof. Facilities shared by towing carriers
shall be physically separated and secured from each other;
C. The sale or transfer of the controlling interest in a towing carrier shall
immediately terminate any Agreement for Tow Services entered under this
Resolution 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 defmed 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
RLSIjs [Towing\Towing.Res]
21
August 8, 2005
~~_~." '"""" ~7',,"""'.~=.7"-"'" _<.""~e.....m
1'~"7...~'
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD
2 CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF
SAN BERNARDINO.
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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 rd"ty (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
set forth in other provisions of this Resolution. Also refer to requirements
in Exhibit "A" required of new tow services towing carriers who wish to
apply to the City's tow rotation. The City through its Police Department,
shall be notified no later than seven (7) days after a change of ownership in
a towing carrier on its tow service rotation. Notice shall be given to the
Traffic Sergeant at the Police Department. If the City is not so notified
within the seven day period, the termination takes effect immediately at the
RLSfjs [Towing\Towing.Res]
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August 8, 2005
"'''--~~. ----
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD
2 CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF
SAN BERNARDINO.
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end of the seven day period. If the City is notified of the change of
ownership within the seven day period, the Agreement for Tow Services
may be assigned or transferred to the new owner. This assignment or
transfer shall be on an interim basis until the selection process of the
replacement towing carrier(s) takes place. In no event, shall assignment or
transfer exceed 60 days. The towing carrier under new ownership must
meet the minimum qualifications in Exhibit "A" to be placed on the City's
tow rotation; and,
D. A terminated or suspended towing carrier, and/or the towing carrier
business owner at the time of the suspension or termination, shall not be
eligible for a rotation listing for the duration of the suspension or
termination. This provision applies to the towing carrier working in any
capacity within any tow business or operating any tow business, and to the
tow business, even if operated under new ownership. This provision does
not apply to Section 19(C) regarding termination due to a change in
ownership.
20. The City shall conduct, at a minimum, one annual meeting to discuss issues
concerning the tow rotation. All meetings shall be mandatory for the towing carrier or towing
carrier's designee wishing to remain on rotation. The City shall give the towing carrier 30 days
written notice of these meetings.
21. A.
While involved in City rotation tow operations or related business, the
towing carrier and/or employees shall refrain from any acts of misconduct
including, but not limited to, any of the following:
1)
2)
Rude or discourteous behavior;
Lack of service, selective service, or refusal to provide service
RLSljs [Towing\Towing.Res]
23
August 8. 2005
__ ~~FN",''''',c'' "c~,C"C"~'"~'c"~"c..,,,~.,"
"
" .~C."_"","'''H.'''' ~
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD
2 CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF
SAN BERNARDINO.
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22. A.
RLSljs [Towing\Towing.Res]
B.
C.
which the towing carrier is/should be capable of performing;
Any act of sexual harassment or sexual impropriety;
Unsafe driving practices;
Exhibiting any objective symptoms of alcohol and/or drug use; or,
Appearing at the scene of a City rotation tow call with the odor of
an alcoholic beverage emitting from the towing carrier's employee I 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
3)
4)
5)
6)
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
involved employees; and,
2) Any flagrant traffic violation may be cause for immediate
24
August 8. 2005
._,.",... -'~".=''''''-~.]jf"'.~_''''tr11--1';'''''''''''''' - :..~=~.'''''''(!:'!?-'~_.~_.- -;;-- - .,
- _,,~,,' F
WH', ',,",~~,"_" "
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD
2 CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF
SAN BERNARDINO.
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disciplinary action against the towing carrier and/or the involved
employees;
The provisions contained in any compliance with law provisions in this
Resolution 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;
C. Any conviction of the towing carrier or employee involving a stolen or
B.
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,
D. 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 Resolution and the Agreement for Tow Services;
B. Records of violations shall be retained by the City for at least 36 months;
23. A.
C. A violation of the equipment requirements related to safety shall be cause
RLS/js [Towing\Towing.Res]
25
August 8. 2005
~~~.
-~~""'"-'
" ,~'~<."
"""'.
n,'n"~ n p ,
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD
2 CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF
SAN BERNARDINO.
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D.
for immediate suspension. The suspension will remain in effect until the
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
E.
customer;
F. 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;
G. 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;
H. Failure of the towing carrier to comply with the inspection requirements of
this Resolution and the Agreement for Tow Services will result in a
RLS/js [Towing\Towing.Res]
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August 9, ZOOS
~,o..~
_ '-"',_.,".,c, "'~~""'~ -
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD
2 CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF
SAN BERNARDINO.
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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
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;
J. Failure of the towing carrier to maintain the minimum insurance
I.
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,
K. Failure of the towing carrier or employee to comply with Provisions,
Demeanor and Conduct and/or compliance with law provisions may be
cause for suspension if deemed appropriate by the City.
24. A.
Except as specifically stated in the Agreement for Tow Services, 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
RLS/js [Towing\Towing,Res]
27
August 8. 2005
. '~~b.._. .~_,..."..
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD
2 CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF
SAN BERNARDINO.
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Agreement for Tow Services.
Note: In lieu of termination, the City may impose additional
suspensions for longer periods, if deemed appropriate;
B. 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
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,
C. 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.
25. 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.
RLS/js [Towing\Towing.Res]
28
August 8, 2005
- -'~~~"'~"'>"'> ' .'
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD
2 CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF
SAN BERNARDINO.
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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;
B. 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,
C. A suspension shall not take effect until the hearing and appeal process has
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 Resolution and 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.
26. The towing carrier shall not display any sign or engage in any advertisement
indicating an official or unofficial connection with the City or Department of Motor Vehicles.
27. Either party may cancel the Agreement for Tow Services entered pursuant to this
Resolution by giving 30 days written notice to the other party. Cancellation shall not be subject
to the appeals provisions of this Resolution and Agreement for Tow Services.
28. The following Exhibits are attached to this Resolution and incorporated by this
reference:
RLSljs rrowing\Towing.Res]
29
August 8, 2005
~-~..
. ~. .
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD
2 CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF
SAN BERNARDINO.
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III
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III
28
Exhibit A. Minimum Tow Service Requirements for Carriers who become part of the
City's Tow Services Rotation after the effective date of this Resolution.
Exhibit B. Preliminary Application Review.
Exhibit C. Towing Carrier Selection Process Attachment.
Exhibit D. Selection Process of Towing Carriers.
Exhibit E. Rights of Persons Whose Vehicles Are Towed At the Request of the City
of San Bernardino
30
August 8, 2005
RLSIjs [rowing\Towing.Res]
'>~-"~"'-_".~.-'C"'~~:''-'-'-'.''',--c" ,-,]-,o,_c::,_,.,,,c:_,,,_'\"O"""'1(F'p'.,,~_._,,,,,,,. "7!i'-"=,"_'P'.'''' -C'~-"""__""''''':!'!'''.''''''.',,~_-<_'''.'_
. '~_.'-~~."-,"- ---
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD
2 CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF
SAN BERNARDINO.
3
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a ioint reRular
meeting thereof, held
5
on the 15th day of August
6
COUNCIL MEMBERS: AYES
7
ESTRADA x
8 x
LONGVILLE
9 x
MCGINNIS
10 x
DERRY
11
KELLEY x
12
JOHNSON x
13
MCCAMMACK x
~
14
15
16
17
, 2005, by the following vote, to wit:
NAYS
ABSTAIN ABSENT
Q~h1. ~
RaChel G. Clark, City Clerk
The foregoing Resolution is hereby approved this 17 th
,2005.
18
19
20
21
Approved as to
22 form and legal content:
23
24
25
26
27
28
RLSljs [Towing\Towing.Res] 31
W cCammack, Mayor Pro Tern
City of San Bernardino
August 8, 2005
EXHIBIT "A"
.<_v~ __._ ,_..
EXHIBIT A
TOW CARRIERS MINIMUM REQUIREMENTS
(EFFECTIVE FOR TOW CARRIERS ENTERING THE CITY'S
TOW ROTATION AFTER THE EFFECTIVE DATE OF TIllS RESOLUTION)
A. Have a minimum outside storage space of 65,000 square feet capable of storing at least 200
vehicles.
B. Minimum inside storage space of 2000 square feet capable of storing at least five (5)
automobiles.
C. Security fencing around the entire outside storage space.
D. Monitored alarm system - If the outside storage space is not alarmed, the inside storage must
be.
E. Minimum of three Class A tow trucks.
F. Current City Business License.
G. Certificate of Occupancy.
H. Hazardous Material Handler's Permit.
I. Have either an inside or outside customer waiting area for at least five customers of 100
square feet. The outside waiting area shall exclude parking and landscape areas.
J. Have a minimum of three years of for-hire towing experience as an owner/principal or have
a qualified manager with the experience.
K. Have an attendant on call twenty-four (24) hours a day, seven days a week at place of
business.
L. Have no more than two telephone numbers listed with any City department.
M. Store towed vehicles in a safe, lighted and protected space where the vehicles and their
contents will not be accessible to thieves nor be damaged by activity in the carrier
establishment or from the elements or by vandals; no vehicles shall be left parked or stored
on the public streets at anytime; in no event shall the city be liable for any theft, vandalism
or damage occurring to any such vehicle or its contents.
N. Post a tag on the windshield of all cars ordered impounded by the City.
O. Collect all towing or hauling and storage charges on each vehicle from the owner; in no
event shall the city be liable for any such charge.
1
.~~""
~_~~~O"" =<~~"" 0"" ""
P. Whenever a vehicle has been involved in an accident or a traffic violation, and the owner
or someone delegated by him is present and is capable of removing the vehicle from the
street with reasonable dispatch, and the vehicle is not needed for criminal evidence, City
and/or towing carrier shall permit the owner or his delegate to remove the vehicle or call
a towing company of his or her own choice to remove the same; provided, however, that
if the street cannot be cleared for safe public use with reasonable dispatch by the above
method, and in all situations other than above set forth, a towing carrier from the top of
the rotation list will be called by the City.
Q. Furnish each owner with a fully itemized billing.
R. Immediately after each towing operation, make a towing slip with the contents of each
vehicle placed in his or her care itemized thereon as verified by the officer ordering the
same and make the slip available to the City on request.
S. Release no impounded vehicle without first having obtained a release from the City to do
so.
T. Agree to a rotation system established by the City.
U. Comply with all rules, regulations and laws of the State of California, County of San
Bernardino and City of San Bernardino.
V. Have adequate equipment to handle calls from the city, impounds, and storage of motor
vehicles.
W. The carrier shall operate from a location within the City of San Bernardino, and all of the
facilities necessary to comply with the provisions of this resolution shall be located within
the City of San Bernardino.
X. Carry a broom, trash can and sand, clean and remove broken glass, spilled oil, or gasoline
from the area before departing, unless directed to not do so by police officers and/or
designated City employees at the scene.
Y. Each tow carrier shall maintain insurance pursuant to the requirements set forth below.
The City of San Bernardino shall be named as an additional insured on all policies
including the workers compensation policies. Tow carriers shall provide an endorsement
to each policy showing the City as an additional insured.
I. The operator shall maintain the following minimum levels of insurance from an
insurance carrier admitted in California, or admitted in the state in which the
operator's business is located, and is authorized to do business in California:
a) Minimum Level of Financial Responsibility (as required by Section 34631.5
of the California Vehicle Code) - Bodily injury and property damage with
2
~_ --~~-'OO-o"'~'~>"'<,'_w_'" ." _.,-0
--~ ..~
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.
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 carrier and the City. The operator'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.
Z. 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 (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).
c) The truck must meet all applicable state and/or federal standards.
3. 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.
4. 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
3
~
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.
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.
5. Control/Safety Labels: All controls shall be clearly marked to indicate proper
operation, as well as any special warnings or cautions.
6. Uniforms: City rotation tow drivers shall wear an identifiable uniform shirt
displaying the company and driver's names while engaged in City rotation tow
operations.
7. Safety Vests: City rotation tow drivers shall wear a safety vest or reflectorizing
clothing, meeting Occupational Safety and Health Administration (OSHA)
requirements .
AA. The City may grant additional points or deduct points as set forth in Exhibit B to Resolution
No.
BB. No tow carrieris exempt from meeting legal requirements imposed by any city, county, State
or Federal laws or regulations. An example of this is the Clean Water Act.
4
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EXHIBIT "B"
-
EXHIBIT "B"
"
Preliminary Application Review
Applications that do not currently meet all of the following
minimum qualifications will be rejected and returned to the tow
carrier with a cover letter stating the reason/s for rejection.
Tow Carrier Name
Date
Internal Use Only
Qualification
Yes No
1. Meets all standards of the most current city resolution establishing standard criteria
for tow com ames.
2. Tow business office and storage facility located within San Bernardino City limits.
3. Minimum Outside Storage of200 vehicles, 65,000 sq. ft.
4. Minimum Inside Storage of 2,000 sq. ft.
5. Secure, lighted storage facility
6. Attendant on-duty 24 hours
7. 24 hour service including weekends and holidays
8. Minimum of three certified Class A tow trucks
9. Current City Business license
10. Certificate of Occupancy [ ] Permanent [ ] Temporary
11. Hazardous Material Handlers Permit Current
12. Monitored Alarm System: If outside perimeter is not alarmed then inside storage
must be.
13. Minimum inside waiting area of 100 sq. ft.
14. Minimum outside waiting area, excluding parking space and landscaping, of 100
s . ft.
15. Operator has three years of verifiable towing experience as an owner or principle,
or has a full time mana er who ossesses the re uired ex erience.
16. Financial Interest in another tow company providing services to the City
17. Prior conviction(s), guilty plea, or nolo contendere plea that excludes tow carrier
Comments
U:\Tow stuff\ApplicationPreliminary Review Check List 2-1-011.doc
--~._~. ,-~,~
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EXHmIT "e"
,,'
EXHIBIT "c"
,.
SELECTION PROCESS ATTACHMENT
Tow Carrier:
Date:
Contact Information
Title Telephone #
Agency
Governmental Agency Tow Service History
Number of Negative Complaint History
Actions
Revised 7/19/2005
# Sustained
# Unfounded
EXHIBIT "c"
..
SELECTION PROCESS ATTACHMENT
. ,
Each tow carrier shall be awarded a point value for each of the in-depth investigation categories. The
points may range from negative values (deductions) to positive values (additions). Meeting the minimum
qualifications in a specific category will have a point value of zero.
Tow Service History Points Lost
Negative Actions are defined as any notice of
disciplinary action by a governmental agency or issuance
of a citation that results in sanctions or conviction.
1- 4=- 5 16-20=-30
5 - 10 = -10 21 - 25 = - 40
11-15=-20 25+ =-50
Government Agency Name Date of Action
Total Points Lost
Summary of Action
Minimum Outside
Storage Space
Required 65,000 sq. ft.
Facility Inspection
Additional Outside Space Minimum Inside
10,000-20,000 sq. ft. = +5 Storage Space
20,001 + sq. ft. = + 10 Required 2,000 sq. ft.
Additional Inside Space
1,000-1,500 sq. ft. = +5
1,501 + sq. ft. = + 10
Total
Points
Front of Business
No Obstructions
Rear of Business = -2 Unimproved Walkway for customer
access = -2
o
1 person to
conduct routine
business
2-4 able to conduct routine business = +2
5 + able to conduct routine business = +5
o
100 sq. ft. minimum = 0
100 additional s . ft = +2
Seating for
Customers = +2
Public access to customer files
= -10
Revised 7/19/2005
. ;
EXHIBIT "c"
SELECTION PROCESS ATTACHMENT
Tow Truck Broken or Damaged Equipment = -1 per item
Equipment
Required Equipment
.Specified on Tow Truck
Ins lion Guide.
"
I .
100 sq. ft. of outside
waiting area = +2
No Damaged Areas = 0
Damaged Areas = -5
Proper Storage &
Handler Permits
o
Minimum of 3 Certified
Class A Trucks
On File = 0
Entire Area Covered = +2
Some Area Covered = + 1
Seating for Customers = +2
Improper Storage/ Item
Solid = -2; Li uid = -5
Additional Certified Class A
Trucks
1-3=+2;4+=+5
Missing or Non-Useable Equipment
- 5 per item
Missing = -5 per driver
Readily Accessible = +2
Immediate Retrieval of Records
Not readily accessible =
-5
Comments:
Subtotal of Tow Service History Points
Subtotal of Facility Inspection Points
Total Points
In Depth Investigation Conducted By:
Revised 7/19/2005
Print Name and Rank
Reviewed / Approved By:
Print Name and Rank
"Tr=--- - . c-
-. _c.,.._,
EXHmIT "D"
EXHIBIT "D"
City of San Bernardino
Selection Process of Tow Carriers
The attached documents are samples of those the SBPD proposes to use when positions become
available for tow carriers to provide service to the City of San Bernardino. The documents are in
order in which they will be used during the selection process.
I. The SBPD gives notice of an available tow carrier position via advertisement in a local
newspaper, Channel 3 posting and notice to local Chamber of Commerce.
2. Interested tow carriers request application packages through the SBPD Traffic Unit.
3. The SBPD Traffic Unit mails or gives an application package to the requesting tow carrier:
a) Letter acknowledging request for package
b) Tow Rotation List Application / Copy of current Agreement For
Tow Services
4. Tow Carrier returns completed application by due date for consideration.
5. The SBPD reviews the returned application to ensure that the applicant meets the minimum
criteria:
a) Criteria met, letter sent to tow carrier
b) Criteria not met, letter sent to tow carrier
6. Application package assigned for completion:
a) Contact Government agencies to whom tow carrier provides service
b) Business licensing
c) Certificate of occupancy
d) Hazmat handlers permits
7. Conduct inspection:
a) Licensing / Hazmat requirements compliance
b) Rate posting compliance
c) Tow Service Agreement compliance
d) Total point value calculated from selection process attachment
8. Completed application and inspection packages given to City Council for selection of tow
carrier(s) with rankings based on total points.
9. Required documents filed for formal entry of an Agreement For Tow Service with selected
tow carrier:
a) Request for Council Action
b) Drafted Resolution
c) Agreement for Tow Services between the City of San Bernardino
and tow carrier
EXHIBIT "E"
,-
-'--<'<""- ,"-
EXHIBIT liE"
RIGlITS OF PERSONS WHOSE VEIDCLES
ARE TOWED AT THE REQUEST OF THE
CITY OF SAN BERNARDINO
(TO BE POSTED IN VISIBLE LOCATION IN TOWING CARRIER'S OFFICE)
Tow operators who tow vehicles at the request of the City of San Bernardino operate under
an Agreement for Tow Services with the City. The agreements require the tow operators to comply
with certain rules and provides the following rights to the owner of a towed vehicle.
The owners' rights are summarized as follows:
1. Notice to the registered and legal owners of the vehicle within 10 days of being towed
of location of vehicles and charges.
2. Normal business hours are 8:00 a.m. to 5:00 p.m. Monday through Friday except
recognized holidays of New Year's Day, Martin Luther King Day, Presidents' Day, Memorial Day,
Independence Day, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day.
3. Business hours to be posted for viewing by the public.
4. Tow operators shall respond to after hours release within thirty minutes.
5. Tow operators shall accept all guaranteed forms of payment and widely accepted
credit cards without a surcharge.
6. If a stored or impounded vehicle is not released once proper documentation and
identification are provided and all charges paid, further storage charges shall cease as of the date of
presentation and payment.
7. Itemized invoices shall be provided.
8. Right to file a complaint with the City of San Bernardino.
PROPOSED
MODEL
CONTRACT
(EXISTING TOWING CARRIERS)
1 AGREEMENT FOR TOW SERVICES
2 (EXISTING TOWING CARRIERS)
3 THIS AGREEMENT FOR TOW SERVICES entered into this _ day of
4 2005, by and between the City of San Bernardino ("City") and ("Towing Carrier") shall become
5 effective
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
RLSIjs [Towing\Towing.Agreement-Existing]
1
August 3. 2005
". -
1 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
RLSIjs [Towing\Towing.Agreement-Existing]
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August 3, 2005
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.' ,c-.....""F>r;Jw.""'_._."=_~_"J:f"c~,~"t: -:-=
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 (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
August 3. 2005
RLSIjs [Towing\Towing,Agreement-Existing]
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RLSIjs [Towing\Towing.Agreement.Existing]
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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
August 3, 2005
"<:';~::r~~,":;-"2.0.S"""'-'
1 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 oftow 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
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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 I 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/js [Towing\Towing.Agrecment-Bxisting]
August 3. 2005
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1 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 emollment 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
11 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\Towing,Agreement-Existing]
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August 3, 2005
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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 defmed 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.
RLSIjs [towing\Towing.Agreement-Existing]
8
August 3. 2005
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1 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
5 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
15 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
RLSljs [Towing\Towing.Agreement-Existing]
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August 3. 2005
~li<?t"'.,>:!-'-""~"''''"'''~
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'" "" - , ---,
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
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,
RLSljs rrowing\Towing.Agreemenl-Existing]
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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
11
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August 3, 2005
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17. A.
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;
12
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August 3. 2005
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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
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August 3, 2005
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> .c.f
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.
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,
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 pubiic 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
August 3. 2005
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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
J.
K.
L.
15
August 12. 2005
RLS/js [Towing\Towing.Agreement-Existing]
F"'-
","=,,"c,,'~ ~ "~ "'..'>=F~..~_".~,~,....~..".~~.~,..,~~,..~~~...
1 required by the subsection; storage charges shall cease on the date of
2 presentation of the documentation and payment of the accrued charges.
3 18. A. The Towing Carrier shall maintain records of all tow services furnished.
4 The records will be maintained at the Towing Carrier's place of business.
5 Invoices shall at a minimum include a description of each vehicle, nature
6 of service, start time, end time, location of call, itemized costs of towing
7 and storage, the tow truck driver's name, and truck used;
8 B. At the Towing Carrier's primary office, the Towing Carrier shall also
9 maintain business records relating to personnel, insurance, personnel taxes,
10 payroll, applicable operating authorities, local operating authorities, lien
11 sale actions, Federal Communication Commission licensing, and non-City
12 tows;
13 C. The City may inspect all Towing Carrier records without notice during
14 normal business hours;
15 D. Towing Carrier shall permit the City to make copies of business records at
16 its place of business, or to remove business records for the purpose of
17 reproduction. The City shall provide a receipt for any (original) records
18 removed from the place of business;
19 E. Records shall be maintained and available for inspection for a period of two
20 years plus the current term of this Agreement for Tow Services; and,
21 F. Failure of the Towing Carrier to comply with the inspection requirements
22 shall be cause for suspension.
23 19. A. No Towing Carrier or applicant shall be directly involved in the towing-
24 related business of any other Towing Carrier or applicant on the City's tow
25 rotation;
26 B. Storage facilities owned by a Towing Carrier, and shared with another
27 Towing Carrier, shall only be approved if the owner/Towing Carrier
28 charges for the space exclusively on a flat monthly rate rather than a
RLSljs [Towing\Towing..Agreement-Existing] 16 August 3, 2005
fI{,?-"',?-.~.;'..-..-
~ "~''<"'C",~'''''''''_'",."="," ,~,~~","'<'''-.' ~.'"_."_"
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vehicle-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 cancellation
17
August 3, 2005
RLS/js [Towing\Towing.Agreement-Existing]
",,".".rC
->>>W>==>>__>"~~'''>>~~'~>'~>"''>~_>''~
,- -~>>" -.. ---_.._~>--~--->-,>>>".._,,,,." ~'--"'''.-
1 set forth in other provisions of this Resolution. Also refer to requirements
2 in Resolution No. 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. _ to be placed on the
15 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
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22. A.
B.
Towing Carrier and/or employees shall refrain from any acts of misconduct
including, but not limited to, any of the following:
1) 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.
19
August 3. 2005
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23. A.
"'~, '~','"''''
-_" -'0' ~,<..'- -
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
B.
C.
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,.r("',_~-~,;,,,,,-c:-,,,,c.:',,,,::.?:.:..,c""__',,,,,~,,,,o.'.,.C.",."<"._,,._;.L-"''''_'''._'''''''',''''''"G.,'tf~'-'-'''''''.=~.~~~1,=~
,='T;S"">~"" '''F'-',,,,,,,,:.?,,''''-,'- ,,,,,,,n_'_ ,~.",_ ....,.._ .
" "
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.
I.
21
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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
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B.
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
C.
23
August 3. 2005
RLSljs [Towing\Towing.Agreement-Existing]
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1 been exhausted, with the exception of Towing Carriers whose conduct is
2 deemed to be a danger to the motoring public or who continue to violate the
3 terms and conditions of this Agreement for Tow Services. If a Towing
4 Carrier fails to request a hearing or appeal, the action taken by the City shall
5 be final, and the suspension shall take effect upon written notification to the
6 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
11 No. _ 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
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
26 300 North "0" Street
27 San Bernardino, CA 92418
28
RLSIjs [Towing\Towing,Agreement-Existing]
24
August 3, 2005
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~_ ,_~tr~_' '_F'"_'''
1
2
3
To Towing Carrier:
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
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11
Attest:
12
By:
13
14
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16 A~roved as to Form
an Legal Content:
17
JAMES F. PENMAN
18 City Attorney
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RLSJjs [Towing\Towing.Agreement-Existing]
endy McCammack, Mayor Pro Tern
City of San Bernardino
TOWING CARRIER
By:
Print Name:
25
August 3, 2005
~ ~~, "~.~ .~
PROPOSED
MODEL
CONTRACT
(NEW TOWING CARRIERS)
hn,-
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, " ~ ~,
"'
1 AGREEMENT FOR TOW SERVICES
2 (NEW TOWING CARRIERS)
3 THIS AGREEMENT FOR TOW SERVICES entered into this _ day of
4 2005, by and between the City of San Bernardino ("City") and ("Towing Carrier") shall become
5 effective
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 outside storage space of 65,000 square feet capable of
11 storing at least 200 vehicles.
12 B. Minimum inside storage space of 2000 square feet capable of storing at least
13 five (5) automobiles.
14 C. Security fencing around the entire outside storage space.
15 D. Monitored alarm system - If the outside storage space is not alarmed, the
16 inside storage must be.
17 E. Minimum of three Class A tow trucks.
18 F. Current City Business License.
19 G. Certificate of Occupancy.
20 H. Hazardous Material Handler's Permit.
21 I. Have either an inside or outside customer waiting area for at least five
22 customers of 100 square feet. The outside waiting area shall exclude parking and landscape areas.
23 J. Have a minimum of three years of for-hire towing experience as an
24 owner/principal or have a qualified manager with the experience.
25 K. Have an attendant on call twenty-four (24) hours a day, seven days a week
26 at place of business.
27 L. Have no more than two telephone numbers listed with any City department.
28
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August 3, 2005
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1 M. Store towed vehicles in a safe, lighted and protected space where the
2 vehicles and their contents will not be accessible to thieves nor be damaged by activity in the
3 carrier establishment or from the elements or by vandals; no vehicles shall be left parked or stored
4 on the public streets at anytime; in no event shall the city be liable for any theft, vandalism or
5 damage occurring to any such vehicle or its contents.
6 N. Post a tag on the windshield on all cars ordered impounded by the City.
7 O. Collect all towing or hauling and storage charges on each vehicle from the
8 owner; in no event shall the city be liable for any such charge.
9 P. Whenever a vehicle has been involved in an accident or a traffic violation,
10 and the owner or someone delegated by him is present and is capable of removing the vehicle from
11 the street with reasonable dispatch, and the vehicle is not needed for criminal evidence, City
12 and/or towing carrier shall permit the owner or his delegate to remove the vehicle or call a towing
13 company of his or her own choice to remove the same; provided, however, that if the street cannot
14 be cleared for safe public use with reasonable dispatch by the above method, and in all situations
15 other than above set forth, a towing carrier from the top of the rotation list will be called by the
16 City.
17 Q. Furnish each owner with a fully itemized billing.
18 R. Immediately after each towing operation, make a towing slip with the
19 contents of each vehicle placed in his or her care itemized thereon as verified by the officer
20 ordering the same and make the slip available to the City on request.
21 S. Release no impounded vehicle without first having obtained a release from
22 the City to do so.
23 T. Agree to a rotation system established by the City.
24 U. Comply with all rules, regulations and laws of the State of California,
25 County of San Bernardino and City of San Bernardino.
26 V. Have adequate equipment to handle calls from the city, impounds, and
27 storage of motor vehicles.
28 W. The carrier shall operate from a location within the City of San Bernardino,
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August 3. 2005
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1 and all of the facilities necessary to comply with the provisions of this resolution shall be located
2 within the City of San Bernardino.
3 X. Carry a broom, trash can and sand, clean and remove broken glass, spilled
4 oil, or gasoline from the area before departing, unless directed to not do so by police officers
5 and/or designated City employees at the scene.
6 Y. Each tow carrier shall maintain insurance pursuant to the requirements set
7 forth below. The City of San Bernardino shall be named as an additional insured on all policies
8 including the workers compensation policies. Tow carriers shall provide an endorsement to each
9 policy showing the City as an additional insured.
10 1. The operator shall maintain the following minimum levels of
11 insurance from an insurance carrier admitted in California, or
12 admitted in the state in which the operator's business is located, and
13 is authorized to do business in California:
14 a) Minimum Level of Financial Responsibility (as required by
15 Section 34631.5 of the California Vehicle Code) - Bodily
16 injury and property damage with a combined single limit of
17 not less than $750,000 for Class A tow trucks. These
18 minimum standards are to include non-owned and hired auto
19 coverage.
20 b) Uninsured Motorist - Legal minimum, combined single
21 limit.
22 c) On-Hook Coverage/Cargo - Insuring the vehicle in tow with
23 limits based on the size of the tow truck.
24 d) Garage Liability/Garage Keeper's liability - Includes
25 premises and operations. Coverage for bodily injury and
26 property damage with a combined single limit of not less
27 than $500,000.
28 2. Proof of insurance shall be in the form of a certificate of insurance.
RLSIjs [Towing\Towing,Agreement-New]
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August 3. 2005
"Tee
1 Policy expiration or cancellation will immediately nullify the
2 Agreement for Tow Services between the carrier and the City. The
3 operator's insurance policy shall provide for not less than 30 days
4 written notice to the City in the event the insurance policy is
5 canceled or is due to expire.
6 Z. Tow vehicles shall be rated at a minimum of 14000 GVWR. (Class A)
7 1. Tow Truck and Car Carrier Classifications: Tow truck and car
8 carrier classifications are based on the truck chassis Gross Vehicle
9 Weight Rating (GVWR) and the classification system used by the
10 American Trucking Association (ATA) and truck manufacturers.
11 2. Towing Limitations:
12 a) The total weight of the truck, including the lifted load, shall
13 fall within the GVWR and not exceed either the Front Axle
14 Weight Ratings (FA WR) or Rear Axle Weight Ratings
15 (RA WR).
16 b) All tow trucks and car carriers shall be equipped and in
17 compliance with the most recent electronic version of the
18 California Highway Patrol Tow Truck Inspection Guide
19 (CHP 234B).
20 c) The truck must meet all applicable state and/or federal
21 standards.
22 3. Identification Labels: Each piece of towing equipment shall have a
23 label or identification tag permanently affixed to the equipment in
24 a prominent location to identify the manufacturer, serial number,
25 model, and rated capacity.
26 4. Recovery Equipment Rating: The basic performance rating of the
27 recovery equipment is the weight the equipment can lift in a
28 winching mode, when the boom is static at a 30 degree elevation
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August 3, 2OO5
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1 with the load lines vertical and the lifting cables sharing the load
2 equally, measured with a live load (weight or load cell).
3 a) The structural design of the recovery equipment must have
4 a higher load capacity than the performance ratings.
5 b) Winches shall conform to or exceed the specifications set
6 forth by the Recovery Equipment Rating (SAE) Handbook,
7 SAE 1706.
8 c) All ratings for cable and chain assemblies are for the
9 undamaged assembly condition. All cable and chain
10 assemblies should be the same type, construction, and rating
11 as specified by the original equipment manufacturer (OEM)
12 for the equipment.
13 5. Control/Safety Labels: All controls shall be clearly marked to
14 indicate proper operation, as well as any special warnings or
15 cautions.
16 6. Uniforms: City rotation tow drivers shall wear an identifiable
17 uniform shirt displaying the company and driver's names while
18 engaged in City rotation tow operations.
19 7. Safety Vests: City rotation tow drivers shall wear a safety vest or
20 reflectorizing clothing, meeting Occupational Safety and Health
21 Administration (OSHA) requirements.
22 AA. The City may grant additional points or deduct points as set forth in Exhibit
23 B to Resolution No.
24 BB. No tow carrier is exempt from meeting legal requirements imposed by any
25 city, county, State or Pederallaws or regulations. An example of this is the
26 Clean Water Act.
27 Per Call Rotation System
28 2. The City shall establish a per call rotation system of qualified Towing Carriers who
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August 3. 2005
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1 have entered into Agreements with the City for the performance of towing services in response
2 to calls from the City. All departments of the City shall comply with the rotation system.
3 3. Towing Carrier shall comply with and qualify under all the minimum requirements
4 set forth in this Agreement as a condition precedent to being eligible to be placed on the rotation
5 list:
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A. 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
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;
B. 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;
RLSIjs [Towing\Towing.Agreement-New]
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1) Hille Towing Cartier 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 I 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
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;
1) 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
C.
D.
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August 3. 2005
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1 Vehicles, complete~ lien sale paperwork, and other tow business
2 related documents for three years in the Towing Carrier, with the
3 qualified manager, will fulfill the three years for-hire towing
4 experience requirement; and,
5 4. Towing Carrier shall give or cause to be given written notice to the registered and
6 legal owners of each vehicle which is towed in conformity with the authorization and requirements
7 of this Agreement concerning the fact of such towing, the place at which such vehicle is stored and
8 the imposition of charges for towing, storage and related services whenever the Towing Carrier
9 knows or is able to ascertain from the registration records in the vehicle or from the registration
10 records of the Department of Motor Vehicles the name and address of the registered and legal
11 owners. The notice shall be given not more than ten (10) days from the date of the towing of the
12 vehicle by the Towing Carrier.
13 5. Every tow truck which is subject to the provisions of this Agreement and which by
14 Agreement responds to calls for service by the City, shall be clearly marked on both sides of the
15 cab with the name and telephone number of the Towing Carrier which operates the truck.
16 6. City shall enter into Agreements with Towing Carriers not to exceed one Towing
17 Carrier per 35,000 residents of the City.
18 7. This Agreement may be canceled by either party, without prejudice, upon thirty
19 (30) days written notice to the other party.
20 8. Each month, Towing Carrier shall submit a list of all vehicles towed the previous
21 month, including license plate numbers and vehicle identification numbers.
22 9. Towing Carrier shall charge for services on calls by the City in an amount not to
23 exceed ten dollars ($10) above the hourly rate set by the California Highway Patrol:
24 A. The rate for towing shall be computed from portal to portal. Time
25 expended shall be charged at a rate not to exceed the hourly rate. Time
26 expended in excess of the minimums shall also be at the hourly rate in no
27 more than one-minute increments. There shall be no additional charges for
28 mileage, labor, etc;
RLSIjs rrowing\Towing.Agreement-New]
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August 3. 2005
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1 1) The Towing Cartier may charge up to a thirty-minute minimum per
2 call for any service or tow which is performed when the vehicle
3 operator or agent is present and the vehicle is not stored at the
4 discretion of an officer; and,
5 2) The Towing Carrier may charge up to a one-hour minimum per call
6 on responses which result in storage of a vehicle at the direction of
7 an officer;
8 B. Rates for a service call (out of gas, lockouts, tire changes, etc.) shall be
9 from portal to end of service, and may be at the hourly rate with a thirty-
10 minute minimum. Charges in excess of thirty-minutes may be charged in
11 no more than one-minute increments; and,
12 C. The charge for after-hours release shall be no more than one-half the hourly
13 rate, and shall only be allowed on weekends, holidays, and outside normal
14 business hours.
15 10. Standby time for tow trucks will begin one (1) hour after receipt of calls from the
16 City, and is defined to mean the time consumed after the first hour in necessary preparations in
17 order to tow the disabled vehicle and in cleaning up the immediate surrounding area.
18 11. A. Towing Carrier shall charge for services for storage at the rates set by the
19 California Highway Patrol for this area;
20 1) Fees for inside storage shall be charged only when inside storage is
21 requested by the City, registered owner, legal owner, insurance
22 company, or when the inside storage can otherwise be justified by
23 the Towing Carrier ;
24 2) The Towing Carrier shall display in plain view at all cashiers
25 stations, a sign as described in Section 3070 of the Civil Code,
26 disclosing all storage fees and charges in force, including the
27 maximum storage rate;
28 3) Vehicles stored 24 hours or less shall be charged no more than one
RLS/js [fowing\Towing.Agreement-New]
9
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;;"_n_~,",-_~_..'___._~ _"
__.<J.
"W" w~"F'~F,=_'''' "",,_,~,
- .,".~-,_._--,-",."""" '"
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4)
day Storage; and,
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
B.
D.
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
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,
Towing Carrier or employee shall not refer to any rate as required or set by
the City.
C.
12.
In the event that a towed vehicle is forfeited by the owner in accordance with
17 Section 14607.6 of the California Vehicle Code, the proceeds of the sale of the vehicle shall be
18 distributed pursuant to said section of said Code.
19 13. Towing Carrier shall be charged a franchise fee. No later than January 20 of each
20 year, the police department shall determine the average monthly franchise fees based on a cost
21 analysis and the average number of tows in the prior fISCal year. The Towing Carrier list will pay
22 an equal share of the franchise fees on a monthly basis. This franchise fee shall be paid from the
23 Towing Carrier profits and shall not be passed on to the vehicle owners. Should the total number
24 of Towing Carriers on the rotation list change, the franchise fee will be adjusted accordingly
25 among the Towing Carriers. Ten days notice shall be given to the participating Towing Carrier
26 of any change in the amount to be paid to the City.
27
14.
The Administrative fee set by Resolution of the Common Council will be collected
28 by the San Bernardino Police Department.
RLSIjs [Towing\Towing.Agreement.New]
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15. A.
16~ A.
~~q, ~,
B.
C.
The ToWing Carrier shall enSure that tow truck drivers responding to calls
initiated by the City are qualified and competent employees of the Towing
Carrier's company. The Towing Carrier shall ensure that the tow truck
drivers are trained and proficient in the use of the tow truck and related
equipment, including, but not limited to, the procedures necessary for the
safe towing and/or recovery of the various types of vehicles serviced
through City rotation. Tow drivers shall perform all towing and recovery
operations in the safest and most expedient manner possible. Tow truck
drivers shall be at least 18 years of age and shall possess the proper class
license and endorsements for the towed and towing vehicle;
The Towing Carrier shall maintain a current list of drivers; and,
All tow truck drivers and owner/Towing Carriers shall be enrolled in the
Pull Notice Program;
1) Upon the addition of new drivers, a Towing Carrier will be granted
a maximum of 30 days to enroll drivers in the Pull Notice Program;
2) Pull Notices shall be kept on file, signed, and dated by the Towing
Carrier; and,
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
11
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B.
Carrier shah 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
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
C.
12
August 3. 2005
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17.
-, "".~,,;::- '. O_","~C"__,,- ,. ,--., "",,'~""'C_"'c,'=7".~"n~,""'.-"~,",,",~
A.
to ptior Agreemei'1t 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;
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;
B.
13
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" ..~,~~,~,~. '.m.""'"
C.
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
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,
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
14
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D.
E.
'.,. . ~.~-,.._-~_,~~__~__"o,-__ ..
F.
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;
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
G.
H.
I.
15
August 3, 2005
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J.
K.
18.
"" " ""0' ","""'~"n'__'~"''^~''_'~''''''$''~'F'''~~''''''''''"""",
L.
payment processing equipmeIlt, 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
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
A.
B.
16
August 12, 2005
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19.
C.
Tc,m
"'"",
"'.,""""~ ' ~'T'T' ''''',
C.
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
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 defmed
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
D.
E.
F.
A.
B.
17
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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
coUectively. 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 coUectively. 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
set forth in other provisions of this Resolution. Also refer to requirements
in Resolution No. required of new tow services Towing Carriers
who wish to apply to the City's tow rotation. The City through its Police
Department, shall be notified no later than seven (7) days after a change of
ownership in a Towing Carrier on its tow service rotation. Notice shall be
given to the Traffic Sergeant at the Police Department. If the City is not so
notified within the seven day period, the termination takes effect
immediately at the end of the seven day period. If the City is notified of the
change of ownership within the seven day period, the Agreement for Tow
Services may be assigned or transferred to the new owner. This assignment
or transfer shall be on an interim basis until the selection process of the
RLS/js [Towing\Towing.Agreement-New]
18
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~e~ "..,~,"
"'-.'"'""'--~~,""''''"''''.'''_~::''.''~''l}''~~:=~;C(''?::''\:~'''~.'''"- -.
1 replacement Towing Carrier(s) takes place. In no event, shall assignment
2 or transfer exceed 60 days. The Towing Carrier under new ownership must
3 meet the minimum qualifications in Resolution No. _ to be placed on the
4 City's tow rotation; and,
5 D. A terminated or suspended Towing Carrier, and/or the Towing Carrier
6 business owner at the time of the suspension or termination, shall not be
7 eligible for a rotation listing for the duration of the suspension or
8 termination. This provision applies to the Towing Carrier working in any
9 capacity within any tow business or operating any tow business, and to the
10 tow business, even if operated under new ownership. This provision does
11 not apply to Section 19(C) regarding termination due to a change in
12 ownership.
13 20. The City shall conduct, at a minimum, one annual meeting to discuss issues
14 concerning the tow rotation. All meetings shall be mandatory for the Towing Carrier or Towing
15 Carrier's designee wishing to remain on rotation. The City shall give the Towing Carrier 30 days
16 written notice of these meetings.
While involved in City rotation tow operations or related business, the
Towing Carrier and/or employees shall refrain from any acts of misconduct
including, but not limited to, any of the following:
1) 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
17 21. A.
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22. A.
B.
C.
",=,",-".,~_-,c~:._;- -"''1'''''J'''~''lm"7''2"''-'~_0''':~'Jm~~_~:f;'''71''V:SS!''~>Y''r,,;~~~:~~~~~~'2'~."'fi~~J"~~~~::':T~:'~"~, ___
.-,," ""\_-D~~;':'.~
B.
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
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
C.
20
RLS/js [TowingITowing.Agreement-New]
August 3, 2005
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23.
C'_~'''''_.-.t,;_",,,=,,,,,..,,::,~q'''fJo~'/io/'I~~,!,,~'''k:''',~~~';?~~''''')7("~~~~~3?:t::"-~i~"':';;f'-f:~':::_:'-:f--
------~.),,,,.':T,E3~~~
D.
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
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
A.
B.
C.
D.
E.
21
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J.
K.
.-''''~_<:'_''!'J'I.h'''1P"~",,,~,,~,~_''~'~''~~''''''''''''''Pj:&;~"f{'"''''''''":''''''S-""'o/F'7.3~i'',T'~'~.:~-''~''1::'.,p.;..n-D.'''B'''0'"'~:-''-2'-'.'''r,:~;:':"-'.~.:.T~,,,:,,,,_>n
,- 'c_:'C:7"S"""{",~"'1!,Y"hWl!l
F.
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
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.
G.
H.
I.
22
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24.
C.
A.
B.
- ""..c-'~"':-'-.~>~i'C"'<4;",,~",,=,,,,",=;oF"".:;;(.,.,~'~~_~~:::'Wf,~""'?i""'~"-:?,'#::,:;g;.;~""~~'::\~"j~-1~';"~~1?:}i?'':''''f'-'L'
'-'~-~)5;1E~~~
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.
3.
Second violation within a 12 month period - 1 to 30 day suspension;
Third violation within a 12 month period - 60 to 9O-day suspension;
and,
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
4.
that are subject to suspension for the ftrst violation are categorized as major
violations. Any subsequent or continuing major violation may be cause for
termination;
When considering punitive action for a major violation of the
Agreement for Tow Services, the City may take into consideration
all major and minor violations that occurred within 36 months prior
to the date of the current violations; and,
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
1.
2.
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
23
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August 3, 2005
~'~,";""F"
It",
<C
~,,<~<<,<<<<< <CO'< V<<=<<<<~"'<~<<'<"q"<<<<<
<..
1 Tow Services.
2 25. A. In the event the City serves the Towing Carrier with disciplinary action, the
3 Towing Carrier may request a hearing within seven calendar days by
4 submitting a request in writing to the Traffic Sergeant at the Police
5 Department. If a hearing is requested, it shall be held as soon as practible.
6 The hearing shall be conducted by the Traffic Sergeant or designee, and the
7 Towing Carrier shall be entitled to present all relevant facts and
8 circumstances in support of the Towing Carrier's position. The Towing
9 Carrier shall be further entitled to present testimony of at least one qualified
10 person. The Towing Carrier shall be notified in writing of the Traffic
11 Sergeant's decision( s) within ten business days of the date of completion of
12 the hearing;
13 B. Following a hearing, if the Towing Carrier is dissatisfied with the Traffic
14 Sergeant's decision(s), the Towing Carrier may appeal by submitting a
15 request in writing to the City Clerk, pursuant to Municipal Code Chapter
16 2.64, and paying any applicable fees; and,
17 C. A suspension shall not take effect until the hearing and appeal process has
18 been exhausted, with the exception of Towing Carriers whose conduct is
19 deemed to be a danger to the motoring public or who continue to violate the
20 terms and conditions of this Agreement for Tow Services. If a Towing
21 Carrier fails to request a hearing or appeal, the action taken by the City shall
22 be final, and the suspension shall take effect upon written notification to the
23 Towing Carrier by the City.
24 26. The Towing Carrier shall not display any sign or engage in any advertisement
25 indicating an official or unofficial connection with the City or Department of Motor Vehicles.
26 27. Either party may cancel this Agreement for Tow Services by giving 30 days written
27 notice to the other party. Cancellation shall not be subject to the appeals provisions of Resolution
28 No. _ and this Agreement for Tow Services.
RLS/js [Towing\Towing.Agreement-New]
24
August 3, 2005
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1 28. Upon reasonable advance written notice, City shall have the right to review and
2 audit the books of Towing Carrier's place of business and during business hours.
3 29. The parties understand and agree that this Agreement grants Towing Carrier a non-
4 exclusive franchise.
5 30. Towing Carrier shall also comply with all provisions of the Resolution of the Mayor
6 and Common Council of the City of San Bernardino Establishing Standard Criteria for Companies
7 to Provide Tow Services for the City of San Bernardino as said Resolution exists and/or as said
8 Resolution may be amended from time to time.
9 31. This Agreement represents the entire Agreement between the City and the Towing
10 Carrier and fully supersedes any and all previous Agreements entered into by and between the City
11 of San Bernardino and
12 32. Any notice to be given pursuant to this Agreement by either party to the other shall
13 de deposited with the United States Postal Service, postage prepaid, and addressed as follows:
14 To the City: City Administrator
15 300 North "D" Street
16 San Bernardino, CA 92418
17
18 To Towing Carrier:
19
20
21 Nothing in this paragraph shall be construed to prevent the giving of notice by personal
22 service .
23 III
24 III
25 III
26 III
27 III
28 III
RLSljs [Towing\Towing.Agreement-New] 25 August 3, 2005
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1 AGREEMENT FOR TOW SERVICES
(NEW TOWING CARRIERS)
2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
3
date fIrst above shown.
4
CITY OF SAN BERNARDINO
5 ~~:::=
6
7
City of San Bernardino
8 Attest:
9 By: TOWING CARRIER
10
By:
11 Print Name:
12
AWroved as to Form
13 an Legal Content:
14 JAMES F. PENMAN
City Attorney
15
16 .f~
17
18
19
20
21
22
23
24
25
26
27
28
RLS/js [Towing\Towing.Agreement-New] 26 August 3, 2005