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Home My WebLink About33-Police Department CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: Police OR:~I'I'~'~L Subject: Resolution Authorizing Execution of Interim Agreement for Tow Services with Hayes Towing Consistent with Resolution 1999-86 From: Michael Billdt, Assistant Chief of Police Date: August 20, 2001 Synopsis of Previous Council action: Resolution 1999-86 adopted May 20,1999. Resolution 2000-366 adopted December 18, 2000. Recommended motion: Adopt Resolution. ~ Signature Contact person: Lieutenant Lawrence Neigel Phone: 384-5604 Supporting data attached: Resolution/Interim Service Agreement Ward: All FUNDING REQUIREMENTS: Amount None Source: (Acct. No.) (Acct. Description) Finance Council Notes: 17{=,....,~ ZCl()l-2)LS 10/, J(JJ , Agenda Item No,3~ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect Resolution authorizing execution of interim agreement for tow services with Hayes Towing consistent with Resolution 1999-86. Backl!found On May 20, 1999, Mayor Valles and the Common Council adopted Resolution 1999-86, which establishes the standard criteria for companies to provide tow services for the city. Section 2, Element 6 reads, "City shall enter agreements with tow carriers not to exceed one company per 35,000 residents ofthe City." On December 18,2000, the City adopted Resolution 2000-366 and entered into an interim agreement with Hayes Towing to provide tow services for the City for a period of ninety days, with three thirty day extensions, which has expired. The selection process for the permanent sixth tow carrier was just completed and approved by the Legislative Review Committee at their meeting on Thursday, September 6th. The next step is to advertise for the opening and accept applications. The application process should be completed on or around October 15th. The companies that meet minimum qualifications will be investigated and graded. The results will then be submitted to the LRC and then on to the full Council. The process should be completed by the end of the calendar year. Findinl!s With only five of six authorized tow carriers providing tow services, the number of requests for tows obviously increase per carrier. Due to this raised workload, each company experiences increased demands and their staff and resources. This results in less efficient service to the Police Department. This less efficient service manifests itself in several ways. Here are just a few examples: . Extended response times due to fewer available trucks. . Tow trucks driving on city streets at higher speeds trying to get to the calls as quickly as possible. . Impounded and stored cars being forced into more congested yards due to I less yard being available. . Increased citizen complaints from vehicle owners about tow companies due to poor servIce. Department staff recommends entering into an interim agreement with Hayes Towing. The interim term will continue until such time as a permanent list of tow carriers is selected. Financial Impact There is no financial impact to the City. Hayes Towing continues to incur an equal share of the $24,000 per month Franchise Fee, which is invoiced to the participating tow companies. Recommendation Adopt Resolution. C2 ~ rf;\, \5)'0/7 ~~'LJ U - RESOLUTION NO. 3 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN INTERIM AGREEMENT FOR TOW SERVICES WITH HAYES TOWING CONSISTENT WITH RESOLUTION 1999-86, 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION I. The Mayor of the City of San Bernardino is hereby authorized and directed 8 to extend on behalf of said City, an Interim Agreement F or Tow Services with Hayes Towing for 9 providing tow services to the City of San Bernardino. A copy of said Interim Agreement For 10 Tow Services is attached as Exhibit "A" and made a part hereof. II SECTION 2. The authorization to execute the above referenced agreement is rescinded if 12 the parties to the agreement fail to execute it within sixty (60) days of the passage of this 13 resolution. C14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III C III YlD - J3 -1- (f.> /1 /0 3 on the day of 4 Council Members: AYES 5 ESTRADA 6 LIEN 7 MCGINNIS 8 SCHNETZ 9 SUAREZ 10 ANDERSON C 11 MCCAMMACK 12 13 14 c e23 RESOLUTION NO, A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN INTERIM AGREEMENT FOR TOW SERVICES WITH HAYES TOWING CONSISTENT WITH RESOLUTION 1999-86. 1 I HERBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 2 Common Council of the City of San Bernardino at a meeting thereof, held ,2001, by the following vote, to wit: NAYS ABSTAIN ABSENT 15 The forgoing Ordinance is hereby approved this _ day of CITY CLERK ,2001. 16 17 Judith Valles, Mayor City of San Bernardino 18 19 Approved as to form and legal content: 20 JAMES F. PENMAN, City Attorney 21 22 24 ^ By: 'M/JA,"," T' tJ ~/1~'-- 25 BCL:C:\windows\TEMP\Signature Page.doc C2 13 C14 C25 Exhibit A INTERIM AGREEMENT FOR TOW SERVICES THIS INTERIM AGREEMENT FOR TOW SERVICES entered into this day 3 of 2001, by and between the City of San Bernardino ("City") and Haves Towing 4 ("Towing Carrier") shall become effective . The term of this agreement shall 5 extend until such time that a Selection Criteria Process is approved by the Legislative Review 6 Committee, adopted by the Mayor and Council, and a permanent tow carrier selected. 7 The parties hereto agree as follows: 8 1. Towing Carrier hereby agrees to provide tow services to the City of San 9 Bernardino pursuant to the terms and conditions contained in this Agreement. 10 2. Towing Carrier shall: 11 A. Have a minimum storage space for 200 vehicles with a minimum of 12 twelve inside spaces; outside storage lots must be adequately lighted. B. Have an attendant on call twenty-four (24) hours a day, seven days a week at place of business. 15 C. Have no more than two telephone numbers listed with any City 16 department. 17 D. Store towed vehicles in a safe and protected space where the vehicles and 18 their contents will not be accessible to thieves nor be damaged by activity in the carrier 19 establishment or from the elements or by vandals; no vehicles shall be left parked or stored on 20 the public streets at anytime; in no event shall the city be liable for any theft, vandalism or 21 damage occurring to any such vehicle or is contents. 22 E. Post a tag on the windshield on all cars ordered impounded by a City 23 department. 24 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. -1- C 2 3 4 5 6 7 8 9 10 11 12 13 c c 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 pennit the owner or his delegate to remove the vehicle or call a towing company of his or her own choice to remove the same; provided, however, that if the street cannot be cleared for safe public use with reasonable dispatch by the above method, and in all situations other than above set forth, a towing carrier from the top of the rotation list will be called by the City. H. Furnish each owner with a fully itemized billing. 1. Immediately after each towing operation, make a towing slip with the contents of each vehicle placed in his or her care itemized thereon as verified by the officer ordering the same and make the slip available to the City on request. J. Release no impounded vehicle without first having obtained a release fro 14 the City to do so. IS K. Agree to a rotation system established by the City. 16 1. Comply with all rules, regulations and laws of the State of Cali fomi a, 17 County of San Bernardino and City. 18 M. Have adequate equipment to handle calls from the city, impounds and 19 storage of motor vehicles. 20 N. The carrier shall operate from a location within the City of San 21 Bemardino, and all of the facilities necessary for said operation shall be located within the City 22 of San Bemardino. 23 O. Carry a broom, trash can and sand and shall clean and remove broken 24 glass, spilled oil, or gasoline from the area before departing, unless directed to not do so by 25 police officers and/or designated City employees at the scene. -2- C 2 3 4 5 6 7 8 9 10 11 12 15. Towing Carrier shall also comply with the most recent California Highway Patrol tow service agreement. Where provisions of this Agreement and the CHP tow service agreement shall be found to be in conflict, the provisions of this Agreement shall prevail. 16. Towing carrier shall also comply with all provisions of the Resolution of the Mayor and Common Council of the City of San Bernardino Establishing Standard Criteria for Companies to Provide Tow Services for the City of San Bernardino as said resolution exists and/or as said resolution may be amended from time to time. 17. This Agreement represents the entire Agreement between the City and the Towing Carrier and fully supersedes any and all previous Agreements entered into by and between the City of San Bernardino and Hayes Towing. 18. Any notice to be given pursuant to this Agreement by either party to the other shall be deposited with the United States Postal Service, postage prepaid, and addressed as 13 follows: C14 25 C 15 To the City: City Administrator 300 North "D" Street San Bernardino, CA 92418 16 17 18 To Towing Carrier: Hayes Towing 5486 Industrial Parkway San Bernardino, CA 92407 19 20 Nothing in this paragraph shall be construed to prevent the giving of notice by personal 21 service. 22 23 24 -5- 4 5 6 7 Attest: 8 By: 9 10 11 12 Approved as to Form 13 and Legal Content: C 14 James F. Penman, 15 City Attorney 16 .f~ 17 18 19 20 21 22 23 24 25 C J- '...... 2 INTERIM AGREEMENT FOR TOW SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. 3 CITY OF SAN BERNARDlNO By: Mayor Judith Valles Hayes Towing ''Towing Carrier" By: -6- CITY CLERK'S OFFICE RAcHEL G. CLARK, CM.C.. CrrvCLERK SM P.O. Box 1318. San Bernardino. CA92402 300 North "D" Street. San Bernardino. CA 92418-0001 909.384.5002. Fax: 909.384.5158 Business Registration Division: 909.384.5302 Passport Acceptance Facility: 909.384.5128 www.cLsan-bernardino.ca.us October 5, 2001 Hayes Towing 5486 Industrial Parkway San Bernardino, CA 92407 Dear Sir, At the Mayor and Common Council meeting of October I, 200 I, the City of San Bernardino adopted Resolution 2001-315 - Resolution authorizing execution of Interim Agreement for Tow Services with Hayes Towing consistent with Resolution 1999-86. Enclosed is one (1) original agreement. Please sign in the appropriate location and return the original agreement to the City Clerk's Office, Altn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please retain a copy of the agreement for your files. Please be advised that the resolution and agreement will be null and void if not executed within 60 days, or by November 30, 2001. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, , , ;'. .to;, '. /!. 1/' " " (. ". :" Michelle Taylor Senior Secretary Enclosure CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity. Accountability. Respect for Human Dignity. Honesty , " . ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): \0 - .) - 0 I Item # 3 3 Resolution # 'Z 00 1- 3 L'S" Vote: Ayes l-f) Nays ..f7 Abstain..o- Absent ..g. Change to motion to amend original documents: -- Reso. # On Attachments: / Contract term: - Note on Resolution of Attachment stored separately:..:.::::::-.- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Date Sent to Mayor: I ()- ~ ~O \ Date of Mayor's Signature: \0--:>'--01 Date ofClerklCDC Signature: \ 0- 3-0 , NullNoid After: (0 c') OA-l.s ( I J -30-0\ By:- Reso. Log Updated: ,/' Seal Impressed: ",/ Date Memo/Letter Sent for Signature: \O-S'-O\ 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: ~ Date Returned: 10 -n-O \ See Attached: See Attached: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234,655,92-389): Copies Distributed to: City Attorney ~ Parks & Rec. Code Compliance Dev. Services Police / Public Services Water Notes: Yes~ No By Yes No~ By Yes No --L By Yes No ,/ By Yes No/ By EDA Finance / MIS Others: BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.) Ready to File: in:C.. Date: 10 -\ '1( .-() \ Revised 0 I II 2/0 I