HomeMy WebLinkAbout2005-436
1
2
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY OF SAN BERNARDINO TO ENTER
4 INTO AN AGREEMENT FOR TOW SERVICES WITH DANNY'S TOWING,
CONSISTENT WITH RESOLUTION 2005-286.
RESOLUTION NO. 2005-436
5
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
7 I CITY OF SAN BERNARDINO AS FOLLOWS:
8.
SECTION 1.
The Mayor and Common Council of the City of San Bernardino
9
. authorize the Mayor to execute on behalf of said City, an Agreement for Tow Services with
10
111 Danny's Towing. A copy of said agreement is attached hereto marked Exhibit 'C' and
!
incorporated herein by reference as though fully set forth at length.
12
13 ;
SECTION 2.
The authorization to execute the above referenced amendment is
14 . rescinded ifnot issued with sixty (60) days of the passage ofthis resolution.
15' III
,
161
171 III
181 III
19 II I
20 III
21 III
22 III
23 III
24
25
26
27
28
2005-436
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY OF SAN BERNARDINO TO ENTER
INTO AN AGREEMENT FOR TOW SERVICES WITH DANNY'S TOWING,
CONSISTENT WITH RESOLUTION 2005-286.
4:
,
i
5,
I
, Common Council of the City of San Bernardino at a j oint regular
6!
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
meeting
7: thereof, held on the 19th day of December
!
81 Council Members:
I
I
II
91 ESTRADA
I
101 LONGVILLE
1111 MCGINNIS
121
I DERRY
131
! KELLY
14!
I
15: JOHNSON
f
,
16' MCCAMMACK
171
, 2005, by the following vote, to wit:
AYES
NAYS
ABSTAIN
ABSENT
x
---1L-
x
x
x
x
x
18
19
20
21
22
23 Approved as to form
and legal content:
24
JAMES F. PENMAN
25 City Attorney
26
Rae el G. Clark, CITY CLERK
The foregoing resolution is hereby approved this} 7,.j.day of December ,2005.
( )
/" )-1/'/
Neil Derr~ Mayor Pro Tern
City of San Bernardino
27
28
2005-436
ATTACHMENT 'C'
1 AGREEMENT FOR TOW SERVICES 0 RIG I N A L
2 (EXISTING TOWING CARRIERS)
3 THIS AGREEMENT FOR TOW SERVICES entered into this 1't day of December 2005,
4 by and between the CITY OF SAN BERNARDINO ("City") and DANNY'S TOWING ("Towing
5 Carrier") shall become effective December 1,2005.
6 The parties hereto agree as follows:
7 Towing Carrier hereby agrees to provide tow services to the City of San Bernardino
8 pursuant to terms and conditions contained in this Agreement.
9 1. Towing Carrier shall meet the following minimum requirements:
10 A. Have a minimum storage space for 200 vehicles with a minimum of twelve
11 inside spaces; outside storage lots must be adequately lighted;
12 B. Have an attendant on call twenty-four (24) hours a day, seven days a week
13 at place of business;
14 C. Have no more than two telephone numbers listed with any City department;
15 D. Store towed vehicles in a safe and protected space where the vehicles and
16 their contents will not be accessible to thieves nor be damaged by activity in the Towing Carrier's
17 establishment or from the elements or by vandals; no vehicles shall be left parked or stored on the
18 public streets at anytime; in no event shall the city be liable for any theft, vandalism or damage
19 occurring to any such vehicle or its contents;
20 E. Post a tag on the windshield on all cars ordered impounded by the City;
21 F. Collect all towing or hauling and storage charges on each vehicle from the
22 owner; in no event shall the city be liable for any such charge;
23 G. Whenever a vehicle has been involved in an accident or a traffic violation,
24 and the owner or someone delegated by him is present and is capable of removing the vehicle from
25 the street with reasonable dispatch, and the vehicle is not needed for criminal evidence, City
26 and/or Towing Carrier shall permit the owner or his delegate to remove the vehicle or call a
27 Towing Carrier of his or her own choice to remove the same; provided, however, that if the street
28 cannot be cleared for safe public use with reasonable dispatch by the above method, and in all
RLS/js [TowingIDanny's Towing.Agreement]
1
November 1. 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
RLS/js [Towing\Danny's Towing.Agreement]
2
November 1, 2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20 Q.
21
22
23
24
25
26
27
28
Section 34631.5 of the California Vehicle Code) - Bodily
injury and property damage with a combined single limit of
not less than $750,000 for Class A tow trucks. These
minimum standards are to include non-owned and hired auto
coverage;
b) Uninsured Motorist - Legal minimum, combined single
limit;
c) On-Hook Coverage/Cargo - Insuring the vehicle in tow with
limits based on the size of the tow truck; and,
d) Garage Liability/Garage Keeper's liability - Includes
premises and operations. Coverage for bodily injury and
property damage with a combined single limit of not less
than $500,000;
2) Proof of insurance shall be in the form of a certificate of insurance.
Policy expiration or cancellation will immediately nullify the
Agreement for Tow Services between the Towing Carrier and the
City. The Towing Carrier's insurance policy shall provide for not
less than 30 days written notice to the City in the event the
insurance policy is canceled or is due to expire; and,
Tow vehicles shall be rated at a minimum of 14000 GVWR. (Class A)
1) Tow Truck and Car Carrier Classifications: Tow truck and car
carrier classifications are based on the truck chassis Gross Vehicle
Weight Rating (GVWR) and the classification system used by the
American Trucking Association (ATA) and truck manufacturers;
2) Towing Limitations;
a) The total weight of the truck, including the lifted load, shall
fall within the GVWR and not exceed either the Front Axle
Weight Ratings (FA WR) or Rear Axle Weight Ratings
3
November 1. 2005
RLS/js [Towing\Danny's Towing.Agreement]
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RLS/js [Towing\Danny's Towing.Agreement]
3)
(RAWR);
b) All tow trucks and car carriers shall be equipped and in
compliance with the most recent electronic version of the
California Highway Patrol Tow Truck Inspection Guide
(CHP 234B); and,
c) The truck must meet all applicable state and/or federal
standards;
Identification Labels: Each piece of towing equipment shall have a
label or identification tag permanently affixed to the equipment in
a prominent location to identify the manufacturer, serial number,
model, and rated capacity;
Recovery Equipment Rating: The basic performance rating of the
recovery equipment is the weight the equipment can lift in a
winching mode, when the boom is static at a 30 degree elevation
with the load lines vertical and the lifting cables sharing the load
equally, measured with a live load (weight or load cell);
a) The structural design of the recovery equipment must have
a higher load capacity than the performance ratings;
b) Winches shall conform to or exceed the specifications set
forth by the Recovery Equipment Rating (SAE) Handbook,
SAE 1706; and,
c) All ratings for cable and chain assemblies are for the
undamaged assembly condition. All cable and chain
assemblies should be the same type, construction, and rating
as specified by the original equipment manufacturer (OEM)
for the equipment;
Control/Safety Labels: All controls shall be clearly marked to
indicate proper operation, as well as any special warnings or
4)
5)
4
November 1. 2005
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 ofthis is the Clean Water Act.
10 Per Call Rotation System
11 2. The City shall establish a per call rotation system of qualified Towing Carriers who
12 have entered into Agreements with the City for the performance of towing services in response
13 to calls from the City. All departments of the City shall comply with the rotation system.
14 3. Towing Carrier shall comply with and qualify under all the minimum requirements
15 set forth in this Agreement as a condition precedent to being eligible to be placed on the rotation
16 list:
17 A.
18
19
20
21
22
23
24
25
26
27
28
The City shall maintain a rotation tow list for Class A tow trucks to ensure
an equitable distribution of calls. Nothing in this Agreement for Tow
Services shall prohibit the City from requesting a specific Towing Carrier
when, in the on scene supervisor's opinion, the necessary resources to clear
a hazard as expeditiously as possible are not available from the Towing
Carrier currently at the top of the rotation tow list. If the City needs a tow
vehicle that exceeds that of a Class A tow truck, the City may, in its
discretion, contact a Towing Carrier with the size of tow truck needed. In
such an instance, the Towing Carrier selected would be the next Towing
Carrier on the list which has the qualifications (equipment, skills, timelines,
etc.) to provide the required service. After the request, the selected Towing
Carrier would then go to the bottom of the rotation tow list. Towing
5
November 1. 2005
RLS/js [Towing\Danny's Towing.Agreement]
1
2
3 B.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Carriers on the same list that were by-passed would remain in the same
order until their selection for a rotation tow for which they are qualified;
A call to a Towing Carrier shall constitute one turn on the list and the
Towing Carrier shall be moved to the bottom of the list. This includes
when the Towing Carrier fails to answer the phone, is unable to respond,
is unable to perform the required service, refuses to respond or provide
service, or is canceled due to excessive response time. If it is determined
that the Towing Carrier is not needed and is canceled by the City, up to and
including arrival at the scene and standby time which does not result in a
tow, there shall be no charges and the Towing Carrier will be placed back
at the top of the list;
1) If the Towing Carrier is canceled by the vehicle's registered owner
or agent prior to the towing carrier taking possession ofthe vehicle,
there shall be no charges for towing. The Towing Carrier shall
immediately contact the City and advise them of the cancellation.
The Towing Carrier will then be placed back at the top of the list;
and,
2) If service, other than towing, recovery, and load salvage, has begun
and is canceled by the vehicle's registered owner or agent, the
Towing Carrier may charge one-half of the regular hourly service
charge for the time expended on the call. For purposes of
cancellation, service begins when physical work on the vehicle has
begun, not the response. No lien shall arise for the service unless
the Towing Carrier has presented a written statement to the
vehicle's registered owner or agent for the signed authorization of
services to be performed. The Towing Carrier shall not attempt to
take possession of the vehicle in order to establish a lien for any
non-towing services performed, or begun and subsequently
6
November 1, 2005
RLS/js [TowinglDanny's Towing.Agreement]
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 offor-
5 hire towing experience, as an owner or principal, prior to the final filing
6 date of an enrollment period in order to qualify for a rotation tow listing;
7 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\Danny's Towing.Agreement]
7
November 1, 2005
1 7. This Agreement may be canceled by either party, without prejudice, upon thirty
2 (30) days written notice to the other party.
3 8. Each month, Towing Carrier shall submit a list of all vehicles towed the previous
4 month, including license plate numbers and vehicle identification numbers.
5 9. Towing Carrier shall charge for services on calls by the City in an amount not to
6 exceed ten dollars ($10) above the hourly rate set by the California Highway Patrol:
7 A. The rate for towing shall be computed from portal to portal. Time
8 expended shall be charged at a rate not to exceed the hourly rate. Time
9 expended in excess of the minimums shall also be at the hourly rate in no
10 more than one-minute increments. There shall be no additional charges for
11 mileage, labor, etc;
12 1) The Towing Carrier may charge up to a thirty-minute minimum per
13 call for any service or tow which is performed when the vehicle
14 operator or agent is present and the vehicle is not stored at the
15 discretion of an officer; and,
16 2) The Towing Carrier may charge up to a one-hour minimum per call
17 on responses which result in storage of a vehicle at the direction of
18 an officer;
19 B. Rates for a service call (out of gas, lockouts, tire changes, etc.) shall be
20 from portal to end of service, and may be at the hourly rate with a thirty-
21 minute minimum. Charges in excess ofthirty-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-halfthe hourly
24 rate, and shall only be allowed on weekends, holidays, and outside normal
25 business hours.
26 10. Standby time for tow trucks will begin one (1) hour after receipt of calls from the
27 City, and is defined to mean the time consumed after the first hour in necessary preparations in
28 order to tow the disabled vehicle and in cleaning up the immediate surrounding area.
RLS/js [TowingIDanny's Towing.Agreement]
8
November 1. 2005
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 ofthe California Vehicle Code, the proceeds of the sale of the vehicle shall be
RLS/js [TowinglDanny's Towing.Agreement]
9
November 1. 2005
1 distributed pursuant to said section of said Code.
2 13. Towing Carrier shall be charged a franchise fee. No later than January 20 of each
3 year, the police department shall determine the average monthly franchise fees based on a cost
4 analysis and the average number of tows in the prior fiscal year. The Towing Carrier list will pay
5 an equal share of the franchise fees on a monthly basis. This franchise fee shall be paid from the
6 Towing Carrier profits and shall not be passed on to the vehicle owners. Should the total number
7 of Towing Carriers on the rotation list change, the franchise fee will be adjusted accordingly
8 among the Towing Carriers. Ten days notice shall be given to the participating Towing Carrier
9 of any change in the amount to be paid to the City.
10 14. The Administrative fee set by Resolution ofthe Common Council will be collected
11 by the San Bernardino Police Department.
12 15. A. The Towing Carrier shall ensure that tow truck drivers responding to calls
13 initiated by the City are qualified and competent employees of the Towing
14 Carrier's company. The Towing Carrier shall ensure that the tow truck
15 drivers are trained and proficient in the use of the tow truck and related
16 equipment, including, but not limited to, the procedures necessary for the
17 safe towing and/or recovery of the various types of vehicles serviced
18 through City rotation. Tow drivers shall perform all towing and recovery
19 operations in the safest and most expedient manner possible. Tow truck
20 drivers shall be at least 18 years of age and shall possess the proper class
21 license and endorsements for the towed and towing vehicle;
22 B. The Towing Carrier shall maintain a current list of drivers; and,
23 C. All tow truck drivers and owner/Towing Carriers shall be enrolled in the
24 Pull Notice Program;
25 1) Upon the addition of new drivers, a Towing Carrier will be granted
26 a maximum of 30 days to enroll drivers in the Pull Notice Program;
27 2) Pull Notices shall be kept on file, signed, and dated by the Towing
28 Carrier; and,
RLS/js [TowingIDanny's Towing.Agreement]
10
November 1, 2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
16.
A.
3) The City may require a Towing Carrier to provide copies of Pull
Notice Reports to the City.
The Towing Carrier shall respond to calls 24 hours a day, seven days a
week. Between 6:00 a.m. and 6:00 p.m., the response time shall be no
more than twenty (20) minutes. Between 6:00 p.m. and 6:00 a.m. the
response shall be no more than thirty (30) minutes. The Towing Carrier
shall respond with a tow truck of the class required to tow the vehicle
specified by the City. The Towing Carrier shall advise City dispatch, at the
time of notification, if they are either unable to respond or unable to meet
the maximum response time. If, after accepting the call, the Towing
Carrier is unable to respond or will be delayed in responding, the Towing
Carrier shall immediately notify the appropriate City department. The
Towing Carrier shall not assign any calls to other Towing Carriers;
1) A failure to respond to perform the required towing or service
and/ or repeated failures to meet the maximum response time
requirements shall constitute a failure to comply with the terms and
conditions of this Resolution and the Agreement for Tow Services;
2) The City may take immediate disciplinary action for any violation
of the requirement to respond within the maximum response time;
and,
3) When a Towing Carrier will be temporarily unavailable to provide
services due to a pre-planned or scheduled activity, the Towing
Carrier shall notify the City at least 24 hours prior to the date that
services will be unavailable, noting the times and dates of the
unavailability;
The Towing Carrier, or Towing Carrier's employees responding to a call,
shall perform the towing or service required for which they were called
unless the requested equipment is inadequate for the service to be
B.
11
November 1. 2005
RLS/js [TowingIDanny's Towing.Agreement]
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
17.
c.
performed; and,
Only the tow truck personnel and equipment requested shall respond to a
City call. A Towing Carrier shall not respond to a City call assigned to
another Towing Carrier unless requested to do so by the City;
1) This shall not preclude the Towing Carrier from responding to an
incident to ascertain if additional assistance or equipment is
required. There shall be no additional charge for any personnel or
equipment that is not necessary to perform the required service;
2) There may be times when the Towing Carrier assigned the initial
call may require the assistance of an additional Towing Carrier at
the scene. The Towing Carrier assigned the initial call may, subject
to prior Agreement with the City and with the concurrence of the on
scene supervisor, request a specific Towing Carrier for assistance.
The request shall be routed to the additional Towing Carrier through
the City; and,
3) There may be times when a Towing Carrier, who was not called to
a scene, comes upon a collision scene where a vehicle or vehicles
are blocking a roadway and an officer requests assistance in clearing
the roadway. In such a case, the Towing Carrier may be requested
to move the vehicle to a safe location, as directed by the officer, and
leave it. There shall be no charge for this assistance and the
assistance provided shall not change the Towing Carrier's place in
the rotation.
The Towing Carrier shall be responsible for the security of vehicles and
property at the place of storage. At a minimum, a fenced or enclosed area
shall be provided. The Towing Carrier is responsible for the reasonable
care, custody, and control of any property contained in towed or stored
vehicles;
A.
12
RLS/js [Towing\Danny's Towing.Agreement]
November 1, 2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
RLS/js [TowingIDanny's Towing.Agreement]
November 1, 2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
D.
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 public as a towing service. The sign shall have letters that are
clearly visible to the public from the street. The sign shall be visible at
night;
For the purpose of this Agreement for Tow Services, "normal business
hours" shall not be less than 8 a.m. to 5 p.m., Monday through Friday,
except for the following recognized holidays: New Year's Day, Martin
Luther King Day, Presidents' Day, Memorial Day, Independence Day,
Labor Day, Veterans' Day, Thanksgiving Day, day after Thanksgiving
Day, and Christmas Day;
Business hours shall be posted in plain view to the public. Offices staffed
with only one employee may be closed for one hour at lunch. A sign shall
be posted with the reason for closure. The sign shall have a phone number
where a request will result in an immediate response to release property or
vehicles. Response to the office shall be within the time frame required for
tow response;
E.
F.
14
November I, 2005
RLS/js [Towing\Danny's Towing.Agreement]
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
G.
H.
I.
Employees shall be properly trained to conduct business transactions related
to towing, storage, and release of vehicles/property; and,
The City shall ensure that proper provisions are in place for the release of
all impounded vehicles. Towing Carrier shall respond for after-hours
release of vehicles when requested by the current registered owner or
owner I 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
November 1. 2005
RLS/js [TowingIDanny's Towing.Agreement]
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
18.
19.
A.
required by the subsection, storage charges shall cease on the date of
presentation of the documentation and payment of the accrued charges.
The Towing Carrier shall maintain records of all tow services furnished.
The records will be maintained at the Towing Carrier's place of business.
Invoices shall at a minimum include a description of each vehicle, nature
of service, start time, end time, location of call, itemized costs of towing
and storage, the tow truck driver's name, and truck used;
At the Towing Carrier's primary office, the Towing Carrier shall also
maintain business records relating to personnel, insurance, personnel taxes,
payroll, applicable operating authorities, local operating authorities, lien
sale actions, Federal Communication Commission licensing, and non-City
tows;
The City may inspect all Towing Carrier records without notice during
normal business hours;
Towing Carrier shall permit the City to make copies of business records at
its place of business, or to remove business records for the purpose of
reproduction. The City shall provide a receipt for any (original) records
removed from the place of business;
Records shall be maintained and available for inspection for a period of two
years plus the current term of this Agreement for Tow Services; and,
Failure of the Towing Carrier to comply with the inspection requirements
shall be cause for suspension.
No Towing Carrier or applicant shall be directly involved in the towing-
related business of any other Towing Carrier or applicant on the City's tow
rotation;
Storage facilities owned by a Towing Carrier, and shared with another
Towing Carrier, shall only be approved if the owner/Towing Carrier
charges for the space exclusively on a flat monthly rate rather than a
B.
c.
D.
E.
F.
A.
B.
16
November 1, 2005
RLS/js [TowingIDanny's Towing.Agreement]
1
2
3 C.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
vehicle-by-vehicle basis, or combination thereof. Facilities shared 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 I s tow rotation will
also be opened for applications from other qualified Towing Carriers.
Termination for this reason is exempt from the 30 day notice of cancellation
17
November 1, 2005
RLS/js [Towing\Danny's Towing.Agreement]
1 set forth in other provisions of this Resolution. Also refer to requirements
2 in Resolution No. 2005-286 required of new tow services Towing Carriers
3 who wish to apply to the City's tow rotation. The City through its Police
4 Department, shall be notified no later than seven (7) days after a change of
5 ownership in a Towing Carrier on its tow service rotation. Notice shall be
6 given to the Traffic Sergeant at the Police Department. If the City is not so
7 notified within the seven day period, the termination takes effect
8 immediately at the end of the seven day period. If the City is notified of the
9 change of ownership within the seven day period, the Agreement for Tow
10 Services may be assigned or transferred to the new owner. This assignment
11 or transfer shall be on an interim basis until the selection process of the
12 replacement Towing Carrier(s) takes place. In no event, shall assignment
13 or transfer exceed 60 days. The Towing Carrier under new ownership must
14 meet the minimum qualifications in Resolution No. 2005-286 to be placed
15 on the City's tow rotation; and,
16 D. A terminated or suspended Towing Carrier, and/or the Towing Carrier
17 business owner at the time of the suspension or termination, shall not be
18 eligible for a rotation listing for the duration of the suspension or
19 termination. This provision applies to the Towing Carrier working in any
20 capacity within any tow business or operating any tow business, and to the
21 tow business, even if operated under new ownership. This provision does
22 not apply to Section 19(C) regarding termination due to a change in
23 ownership.
24 20. The City shall conduct, at a minimum, one annual meeting to discuss issues
25 concerning the tow rotation. All meetings shall be mandatory for the Towing Carrier or Towing
26 Carrier's designee wishing to remain on rotation. The City shall give the Towing Carrier 30 days
27 written notice of these meetings.
28 21. A. While involved in City rotation tow operations or related business, the
RLS/js [TowinglDanny's Towing.Agreement]
18
November J, 2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
22.
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.
A.
19
November 1, 2005
RLS/js [Towing\Danny's Towing.Agreement]
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
23.
B.
involved employees; and,
2) Any flagrant traffic violation may be cause for immediate
disciplinary action against the Towing Carrier and/or the involved
employees;
The provisions contained in any compliance with law provisions in this
Agreement do not preclude the City from taking appropriate enforcement
or administrative action for any violations of law. Complaints for
violations of the law not normally investigated by City will be referred to
the agency with investigation jurisdiction;
Any conviction of the Towing Carrier or employee involving a stolen or
embezzled vehicle, fraud related to the towing business, stolen or
embezzled property, a crime of violence, a drug-related offense, felony
driving while under the influence of alcohol and/or a drug, misdemeanor
driving while under the influence of alcohol and/or a drug, or moral
turpitude while involved in a City rotation tow call shall be cause for
removal of the employee from the list of current City rotation tow truck
drivers, denial of Towing Carrier application, or termination of the
Agreement for Tow Services; and,
A Towing Carrier or employee arrested/charged for a violation involving
any of the above crimes may be suspended until the case is adjudicated.
The City shall take disciplinary action against Towing Carriers for
violations investigated and confirmed or sustained. Unless otherwise noted,
the City shall determine the period of suspension. The City shall retain
discretion regarding the length of any suspension imposed pursuant to the
terms and conditions of this Agreement for Tow Services;
Records of violations shall be retained by the City for at least 36 months;
A violation of the equipment requirements related to safety shall be cause
for immediate suspension. The suspension will remain in effect until the
C.
D.
A.
B.
C.
20
November 1. 2005
RLS/js [TowingIDanny's Towing.Agreement]
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I.
D.
period of suspension is completed and the City has conducted an inspection
and concluded the Towing Carrier is in compliance;
A violation of the GVWR and safe loading requirements of a tow truck may
be cause for immediate suspension. This includes exceeding the tow truck's
GVWR, front axle weight rating, rear axle weight rating, maximum tire
weight ratings, or not maintaining 50 percent of the tow truck's unladen
front axle weight on the front axle when in tow;
A violation of intentionally overcharging or a pattern of overcharging shall
be cause for suspension. The suspension will remain in effect until the
period of suspension is completed and the Towing Carrier has presented
proof to the City that reimbursement has been made to the aggrieved
customer;
City personnel shall not be offered gratuities, and requests for gratuities
shall not be honored by Towing Carriers, employees, or associates of the
Towing Carrier. A violation of this section shall be cause for suspension
or termination;
Failure of the Towing Carrier to satisfy a court order mandating
reimbursement to the vehicle owner or property owner for the damage or
loss which occurred while the vehicle was in the Towing Carrier's custody
will result in a suspension. The suspension will remain in effect until the
period of suspension is completed and the Towing Carrier has presented
proof of the reimbursement;
Failure of the Towing Carrier to comply with the inspection requirements
of this Agreement for Tow Services will result in a suspension. The
suspension will remain in effect until the period of suspension is completed
and the Towing Carrier has complied with the inspection requirement;
Failure of the Towing Carriers to send tow truck drivers who are qualified
and competent employees on City calls shall be cause for suspension. The
E.
F.
G.
H.
21
RLS/js [Towing\Danny's Towing.Agreement]
November I, 2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
24.
J.
suspension will remain in effect until the period of suspension is completed
and the Towing Carrier has presented proof to the City that the driver is
qualified and competent;
Failure of the Towing Carrier to maintain the minimum insurance
requirements set forth in the Agreement for Tow Services will immediately
nullify the Agreement for Tow Services. The Towing Carrier will be
subject to an additional suspension for failure to notify the City in advance
of the insurance policy expiration or cancellation; and,
Failure of the Towing Carrier or employee to comply with law provisions,
Demeanor and Conduct and/or compliance with law provisions may be
cause for suspension if deemed appropriate by the City.
Minor violations of the terms and conditions of the Agreement for Tow
Services may be cause for disciplinary action in the following manner:
1. First violation within a 12 month period - letter of written
reprimand;
2. Second violation within a 12 month period - 1 to 30 day suspension;
3. Third violation within a 12 month period - 60 to 90-day suspension;
and,
4. Fourth violation within a 12 month period - termination of the
Agreement for Tow Services.
Note: In lieu of termination, the City may impose additional
suspensions for longer periods, if deemed appropriate;
Violations of the terms and conditions of the Agreement for Tow Services
that are subject to suspension for the first violation are categorized as major
violations. Any subsequent or continuing major violation may be cause for
termination;
1. When considering punitive action for a major violation of the
Agreement for Tow Services, the City may take into consideration
K.
A.
B.
22
November 1, 2005
RLS/js [TowingIDanny's Towing.Agreement]
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
25.
C.
all major and minor violations that occurred within 36 months prior
to the date of the current violations; and,
2. Termination shall be invoked if, in the City's judgment, continued
participation in the Rotation Tow Program by the affected Towing
Carrier may result in a hazard to public safety and/or welfare, or
the Towing Carrier has been convicted of a crime listed in
paragraph 22C; and,
Nothing herein shall be deemed to prohibit the City from immediately
suspending any Towing Carrier or employee whose conduct, in the opinion
of the City, is deemed to be a danger to the motoring public or who has
engaged in conduct constituting a flagrant violation of the Agreement for
Tow Services.
In the event the City serves the Towing Carrier with disciplinary action, the
Towing Carrier may request a hearing within seven calendar days by
submitting a request in writing to the Traffic Sergeant at the Police
Department. If a hearing is requested, it shall be held as soon as practible.
The hearing shall be conducted by the Traffic Sergeant or designee, and the
Towing Carrier shall be entitled to present all relevant facts and
circumstances in support of the Towing Carrier's position. The Towing
Carrier shall be further entitled to present testimony of at least one qualified
person. The Towing Carrier shall be notified in writing of the Traffic
Sergeant's decision(s) within ten business days of the date of completion of
the hearing;
Following a hearing, if the Towing Carrier is dissatisfied with the Traffic
Sergeant's decision(s), the Towing Carrier may appeal by submitting a
request in writing to the City Clerk, pursuant to Municipal Code Chapter
2.64, and paying any applicable fees; and,
A suspension shall not take effect until the hearing and appeal process has
A.
B.
c.
23
November 1, 2005
RLS/js [TowinglDanny's Towing.Agreement]
1
2
3
4
5
6
7
been exhausted, with the exception of Towing Carriers whose conduct is
deemed to be a danger to the motoring public or who continue to violate the
terms and conditions of this Agreement for Tow Services. If a Towing
Carrier fails to request a hearing or appeal, the action taken by the City shall
be final, and the suspension shall take effect upon written notification to the
Towing Carrier by the City.
26.
The Towing Carrier shall not display any sign or engage in any advertisement
8 indicating an official or unofficial connection with the City or Department of Motor Vehicles.
9
27.
Either party may cancel this Agreement for Tow Services by giving 30 days written
10 notice to the other party. Cancellation shall not be subject to the appeals provisions of Resolution
11 No. 2005-286 and this Agreement for Tow Services.
12
28.
Upon reasonable advance written notice, City shall have the right to review and
13 audit the books of Towing Carrier's place of business and during business hours.
14
29.
The parties understand and agree that this Agreement grants Towing Carrier a non-
15 exclusive franchise.
16
30.
Towing Carrier shall also comply with all provisions ofthe Resolution ofthe Mayor
17 and Common Council of the City of San Bernardino Establishing Standard Criteria for Companies
18 to Provide Tow Services for the City of San Bernardino as said Resolution exists and/or as said
19 Resolution may be amended from time to time.
20
31.
This Agreement represents the entire Agreement between the City and the Towing
21 Carrier and fully supersedes any and all previous Agreements entered into by and between the City
22 of San Bernardino and DANNY'S TOWING.
23
32.
Any notice to be given pursuant to this Agreement by either party to the other shall
24 de deposited with the United States Postal Service, postage prepaid, and addressed as follows:
25
26
27 / / /
28 / / /
To the City:
City Administrator
300 North "D" Street
San Bernardino, CA 92418
RLS/js [Towing\Danny's Towing.Agreement]
24
November]. 2005
1
2
3
To Towing Carrier:
DANNY'S TOWING
2305 W. Highland A venue
San Bernardino, CA 92407-6405
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 CITY OF SAN BERNARDINO
9 (~-
Bv:
10
Neil Derry, Mayor Pro Tern
11 City of San Bernardino
Attest: tf2.
12 By-:?id (JAJz.lt f4~)
13 1/7 U
14 By:
15 , /,Wj/ Y 1(f't!/e'L
16 f.- 1- 0 Go,
Approved as to Form
17 and Legal Content:
18 JAMES F. PENMAN
City Attorney
19 ~,f~
20
21
22
23
24
25
26
27
28
RLS/js [TowinglDanny's Towing.Agreement] 25 November I, 2005