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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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From: Mayor Tom Minor
ORIGINAL
Subject: Adoption of Resolution Authorizing Execution
of an Agreement For Tow Services Between the
City of San Bernardino and Danny's Towing
Dept: Mayor's Office
Date: January 8, 1997
Synopsis of Previous Council action:
I. Resolution No. 95-241 adopted by the Mayor and Common Council on July 10, 1995.
2. Resolution No. 96-190 adopted by the Mayor and Common Council on July I, 1996.
3. Resolution No. 96-273 adopted by the Mayor and Common Council on September 3, 1996.
Recommended motion:
Adopt Resolution Authorizing the Execution of An Agreement For Tow Services Between the City of San
Bernardino and Danny's Towing.
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I Signature
Contact person: Mavor Tom Minor
Phone: 5051
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Res 97- 1
I !iiIn-
Agenda Item No. S3
75-0262
CITY OF SAN BERNARDINO --- REQUEST FOR COUNCIL ACTION
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STAFF REPORT
On July 10, 1995, the Common Council adopted Resolution No. 95-241 which established standard criteria
for companies to provide tow services for the City of San Bernardino. Concurrent with said adoption an Agreement
for Tow Services was entered into with the following towing companies:
City Towing
Big Z Towing, Inc.
Tri-City Towing, Inc.
Al Wilson Services, Inc.
Lorna Linda Towing
On July 1, 1996, the Common Council adopted Resolution No. 96-190 which modified only Paragraph 13 of
the Agreement for Tow Services authorizing the towing carrier to charge and remit to the City on a monthly basis a
fee of $50.00 per vehicle towed rather than the previously imposed fee of$25.00 per vehicle towed.
Concurrent with resolving differences with Lorna Linda Towing and entering into a new agreement with that
particular towing carrier, the Common Council adopted Resolution No. 96-273 which modified Subsection 6 of
Resolution No. 95-241 to authorize the City to enter into agreements with tow carriers not to exceed one company
per 35,000 residents of the City, or portion thereof (the figure had been 40,000 residents of the City, or portion
thereof). The adoption of Resolution No. 96-273 permits six tow carriers in the City rather than five.
Danny's Towing meets all of the criteria set forth in Resolution No. 95-241. The agreement attached to the
resolution on the agenda for Common Council action is the same in terms and conditions as the one executed by
Lorna Linda Towing, except as to Condition No.5, which permits either party to terminate upon the giving of thirty
(30) days written notice. It is expected that the other Agreements will be amended to reflect this same termination
notice condition.
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1
AGREEMENT FOR TOW SERVICES
2 THIS AGREEMENT FOR TOW SERVICES entered into this _ day of
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3 1997, by and between the City of San Bernardino ("City") and Danny's Towing.("Towing Carrier").
4 The parties hereto agree as follows:
5
1.
Towing Carrier hereby agrees to provide tow services to the City of San
6 Bernardino pursuant to the terms and conditions contained in this Agreement.
7
2.
Towing Carrier shall:
8
A.
Have a minimum storage space for 200 vehicles with a minimum of twelve
9 inside spaces; outside storage lots must be adequately lighted..
10
B.
Have an attendant on call twenty-four (24) hours a day, seven days a week
11 at place of business.
12
C.
D.
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
13
. 14 their contents will not be accessible to thieves nor be damaged by activity in the carrier
15 establishment or from the elements or by vandals; no vehicles shall be left parked or stored on the
1, 6 .public streets at anytime; in no event shall the city be liable for any theft, vandalism or damage
17 occurring to any such vehicle or is contents.
18
E.
Post a tag on the windshield on all cars ordered impounded by a City
19 department.
20
F.
Collect all towing or hauling and storage charges on each vehicle from the
21 owner; in no event shall the city be liable for any such charge.
22
G.
Whenever a vehicle has been involved in an accident or a traffic violation,
23 and the owner or someone delegated by him is present and is capable of removing the vehicle from
24 the street with reasonable dispatch, and the vehicle is not needed for criminal evidence, City and/or
25 towing carrier shall permit the owner or his delegate t(,l..remove the vehicle or call a towing
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26 company of his or her own choice to remove the same; provided, however, that if the street cannot
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27 be cleared for safe public use with reasonable dispatch by the above method, and in all situations
28 other than above set forth, a towing carrier from the top of the rotation list will be called by the
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Exhibit "A"
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3 1.
Furnish each owner with a fully itemized billing.
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Immediately after each towing operation, make a tQwing' 'Slip with the
4 contents of each vehicle placed in his or her care itemized thereon as verified' by the officer
5 ordering the same and make the slip available to the City on request.
6
J.
Release no impounded vehicle without first having obtained a release from
7 the City to do so.
8
K.
L.
M.
Agree to a rotation system established by the City.
Comply with all rules, regulations and laws of the state, county and City.
Have adequate equipment to handle calls from the city, impounds and
9
10
11 storage of motor vehicles.
12
N.
The carrier shall operate from a location ""ithin the City of San Bernardino,
13 and all of the facilities necessary for said operation shall be located within the City of San
. 14 Bernardino.
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15
O.
Carry a broom, trash can and sand and shall clean and remove broken glass,
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t. 6 ,spilled oil, or gasoline from the area before departing, unless directed to not do so by police officers
17 and/or designated City employees at the scene,
18
p,
Obtain and maintain public liability and property damage insurance in the
19 amount of $1 million, and naming the City of San Bernardino as an additional insured. The carrier
20 shall provide a Certificate of Insurance, naming the City as an additional insured annually at a date
21 to be determined by the City's Risk Manager.
22
Q.
Tow vehicles shall be rated at a minimum of 14000 GVW.
23
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Towing Carrier shall give or cause to be given ""ritten notice to the registered and
2 4 legal owners of each vehicle which is towed in conformity with the authorization and requirements
2 5 of this Agreement concerning the fact of such towing, the ~ace at which such vehicle is stored and
26 the imposition of charges for towing, storage and related services whenever the towing carrier
27 knows or is able to ascertain from the registration records in the vehicle or from the registration
28 records of the Department of Motor Vehicles the name and address of the registered and legal
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. 1 owners. The notice shall be given not more than ten (10) days from the date of the towing of the
2 vehicle by the towing carrier.
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3 4. Every tow truck of towing carrier which is subject to the. provisions of this
4 Agreement and which by virtue of this Agreement responds to calls for service by the City, shall
5 be clearly marked on both sides of the cab with the name and telephone number of towing carrier.
6
5.
This Agreement may be terminated by either party upon the giving of thirty (30)
7 days written notice.
8
6.
Towing Carrier shall be dispatched to tow calls on a per call rotation basis in
9 conjunction with other towing carriers which have entered into agreements with the City.
10
7.
Monthly, Towing Carrier shall submit to the City a list of all vehicles towed the
11 previous month, including license plate number and VIN.
12
8.
Towing Carrier shall charge for services on calls by the City, in an amount not to
13 exceed the hourly rate set forth by the California Highway Patrol. The minimum charge for
. 14 services shall not exceed one (1) hour.
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15
9.
Standby time for tow trucks will begin one (1) hour after receipt of calls from the
~ 6 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
10.
In the event that a towed vehicle is forfeited by the owner in accordance with
19 gI4607 of the California Vehicle Code, 100% of the net proceeds of the sale of the vehicle shall
20 be remitted to the City.
21
II.
Upon reasonable advance written notice, City shall have the right to review and
22 audit the books of towing carrier at towing carrier's place of business and during business hours.
23
12.
The parties understand and agree that this Agreement grants Towing Carrier a non-
24 exclusive franchise.
25
13.
Towing Carrier shall charge and remit to: City on a monthly basis a $50.00 per
26 vehicle towed franchise fee. Such fee shall not be charged for those individuals who have had their
27 vehicles towed, stored or impounded as a result of being a victim of a crime (car theft, etc) or those
28 vehicles belonging to any public agency.
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14.
Towing Carrier shall also comply with the minimal standards set forth in the
2 California Highway Patrol tow service agreement as such agreement shall be amended from time
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3 to time. Where provisions of this Agreement and the CHP tow service agreelIlent shall be found
4 to be in conflict, the provisions of this Agreement shall prevaiL
5
15.
Towing carrier shall also comply with all provisions of the Resolution of the
6 Mayor and Common Council of the City of San Bernardino Establishing Standard Criteria for
7 Companies to Provide Tow Services for the City of San Bernardino as said resolution exists and/or
8 as said resolution may be amended from time to time.
9
16.
Any notice to be given pursuant to this Agreement by either party to the other shall
10 be deposited with the United States Postal Service, postage prepaid, and addressed as follows:
13
To Towing Carrier:
City Administrator
300 North "0" Street
San Bernardino, CA 92418
Danny's Towing
2305 W. Highland Avenue
San Bernardino, CA 92405
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To the City:
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15
Nothing in this paragraph shall be construed to prevent the giving of notice by personal
J- 6 'servlce.
17
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
18 and date first above shown.
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21
Attest:
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23
By:
24
25 Approved as to Form
and Legal Content:
26
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28 By'
HTCms (Oao"y.Agrl ; I 4
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CITY OF SAN BER.J."lARDINO
By:
Mayor Tom Minor
DANNY'S TOWING
"Towing Carrier"
By: