HomeMy WebLinkAbout2012-072
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RESOLUTION NO. 2012-72
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING THE ASSIGNMENT OF THE AGREEMENT
FOR TOW SERVICES WITH WILSON TOWING TO RAY HASSAN.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. RECITALS
WHEREAS, Wilson Towing desires to sell its business to Ray Hassan; and
WHEREAS, The San Bernardino Police Department investigated the proposed new
owner as required under Section 15 of the Tow Services Agreement (Exhibits A & B) and
found no information that would prevent assignment of the agreement to Ray Hassan.
SECTION 2. That the Mayor and Common Council approve the assignment of the
Tow Services Agreement with Wilson Towing to Ray Hassan.
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2012-72
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO APPROVING THE ASSIGNMENT OF THE AGREEMENT
2 FOR TOW SERVICES WITH WILSON TOWING TO RAY HASSAN.
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4 and Common Council of the City of San Bernardino at a ioint regUlameeting thereof, held
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
on the
day of
7th
May , 2012, by the following vote, to wit:
AYES NAYS ABSTAIN ABSENT
x
x
x
x
-
x
x
x
Council Members:
MARQUEZ
JENKINS
VALDIVIA
SHORETT
KELLEY
JOHNSON
MCCAMMACK
-~~~gi~
we:
\ O"f'..........
The foregoing resolution is hereby approved this day of May
,2012.
Approved as to form:
JAMES F. PENMAN,
City Attorney
l'~
2012-72
City of San Bernardino
San Bernardino Police Department
Interoffice Memorandum
To:
Captain Ray King
From:
Sergeant Vicki Cervantes
Subject:
Sale of Wilson Towing
Date:
March 23,2012
Copies:
Lieutenant Paul Williams
An Attorney representing Wilson Towing, LLC, advised that the owner of Wilson Tow
has entered into a contract to sell her business. This transaction is in escrow at this time.
The deal will not close until the decision has been made as to whether or not Wilson Tow
will remain under contract with the City of San Bernardino under the new ownership.
Our current Tow Service Agreement between the City of San Bernardino and Wilson
Tow, LLC, states in part that "Any assignment of this agreement due to change in
ownership requires the approval of the City Council to continue on the tow rotation. Any
change of ownership must be reported to the Police Department in writing, within seven
days of such change. Thereafter, Police Department will review the proposed new
owner(s) under the standards set out in this Agreement and procedures the Police
Department adopts therefor. Within 30 days of the date of notification of the change of
ownership, the Police Department shall report the results of its review to the City
Council, which shall approve or deny the assignment of this Agreement to the new
owner".
A background investigation was completed on the perspective owner's business practices
related to his tow services.
The Tow Service Agreement (TSA) between Wilson Tow and the City of San Bernardino
outlines minimum qualifications a tow carrier is required to have to be on the City's tow
rotation. The perspective owner will purchase all stock in Wilson Tow. The police
department completed an inspection of Wilson Tow on October, 25, 2011 and found that
the business meets all requirements of the current Tow Service Agreement.
The TSA requires the business have a current City Business license. The perspective
owner has not yet obtained a City Business license because the transfer of ownership has
not yet occurred. He has agreed. to apply for and obtain this license as soon as the
purchase is finalized. A representative of the City Clerk's Office advised that it is taking
a minimum of 8-10 weeks for a Business license to be issued. She said the delay is
longer than usual due to the recent change in the City Clerk's position.
THE SBPD IS COMMITTED TO PROVIDING:
PROGRESSIVE QUALI1Y POLICE SERVICE;
A SAFE ENVIRONMENT TO IMPROVE THE QUALITY OF LIFE;
A REDUCTION IN CRIME THROUGH PROBLEM RECOGNITION AND PROBLEM SOLVING
2012-72
Page 2
The TSA requires the operator of the tow service to have three years of verifiable towing
experience as an owner or principle, or as a full-time manager who possesses the required
experience. The perspective owner has owned and operated a tow carrier business since
2008. Prior to purchasing this business, he had approximately eight years of experience
working in this industry. He plans to retain the current manager of Wilson Tow, who has
been employed by Wilson Tow since 1995 and as manager since 1997.
The perspective owner was Livescanned (fingerprinted) on 03-22-12. On 03-26-12 the
Department of Justice report, returned showing no record of the perspective owner,
meeting the requirement of the TSA.
The perspective owner has a working knowledge of police tow contracts through his
current tow service. He has a tow service agreement with several Orange County police
and fire agencies. A check was done with these agencies and found no negative
comments or complaints.
The perspective owner has read the current tow service agreement between Wilson
Towing, LLC, and the City of San Bernardino. He understands the contract and is
willing to work under the same rules and conditions. He did not know the current owners
of Wilson Tow prior to meeting them regarding this purchase. He knew of the broker
being used by the owners to sell this business.
An Internet search was done on the perspective owners current businesses. Both
businesses are listed, but had no reviews. A check with the Better Business Bureau
returned with no match to either business name nor were there any complaints or negative
comments listed.
..
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AGREEMENT FOR TOW SERVICES
.
(EXISTING TOW CARRIERS)
THIS AGREEMENT FOR TOW SERVICES (this "Agreement") is entered into this fourth
day of April, 2011, by and between the CITY OF SAN BERNARDINO ("City") and Wilson
Towing LLC (Tow Carrier" or "Towing Carrier") effective April 4, 2011 (the "Effective Date").
RECIT ALS
A. The Vehic1e Code authorizes City regulation ofinvoluntary towing and storage with
appropriate compensation therefore, which compensation covers the reasonable cost (including
direct and indirect overhead) as well as franchise fees; and
B. City has adopted Resolution No. 2005-286, as amended by Resolution No. 2008-347,
"Establishing Standard Criteria for Companies to Provide Tow Services" and the Exhibits attached
thereto;
C. The Resolutions cited above presently provide for a towing rotation franchise within
the City for the more efficient regulation and operation of tow cOmpanies with the ratio of one tow
company chosen for the rotation for each 35,000 people within the City;
D. The City and the six (6) Tow Carriers currently on the rotation have agreed that it
promotes ease of operation to restate such existing requirements in one Agreement which
reorganizes the proposed model contracts for existing and new Tow Carriers as those proposed
contracts were set out in Resolution 2005-286 and that this Agreement contains the same provisions
regarding operation of the tow rotation and requirements for Tow Carriers;
E. City shall not pursue the establishment of an impound yard.
F. In consideration Tow Carriers have agreed to the revised or additional provisions
including but not limited to those regarding franchise payments and audits;
G. This revised and updated Agreement, upon execution by each of the six (6) existing
Tow Carriers, shall supersede in their entirety any and all prior agreements between the City and
each Tow Carrier; and
H. City finds and Tow Carriers agree that the compensation and other provisions of this
Agreement meet the requirements of all applicable laws.
NOW, THEREFORE, the parties hereto agree as follows:
1. Recitals. The Recitals set out above are true and correct.
2. Provision of Tow Services bv Tow Carrier
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a. Term: Extension at City's Option: This Agreement shall commence on the
Effective Date for a term offive years unless sooner terminated hereunder. This Agreement may be
extended as to the Tow Carrier upon the City's sole determination that Tow Carrier is in compliance
with all terms and conditions hereof. Such an extension shall be for an additional 5years. There is
no promise and should be no expectation of such extension. Failure to grant such extension shall
result in termination of this Agreement, which tennination is not subject to the appeal provisions
hereof or of Resolution No. 2005-286. At the end of the tenn of the Agreement, whether or not
extended, there shall be no more extensions of this Agreement and Tow Carrier understands it is not
entitled to any such additional extension, nor may the City grant such additional extension. This
Agreement confers a privilege and not a right;
b. Tow Carrier hereby agrees to provide Tow Services to the City pursuant to
terms and conditions contained in this Agreement. "Tow Services" means the following types of
nonconsensual towing initiated by the City, including but not limited to code enforcement tows: (i)
towing ofinvoluntarily impounded vehicles (where such impound is authorized under the Vehicle
Code) to the Tow Carrier's storage yard and storage there; and (ii) towing and storage of non-
impounded vehicles when directed to do so by City personnel or by the owner (owner's request
tows);
c. Whenever a vehicle has been involved in an accident or a traffic violation, and
the owner or someone delegated by the owner 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
Tow Carrier shall permit the owner or his delegate to remove the vehicle or call a tow 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 Tow Carrier from the top ofthe rotation list will be called by the City; and
d. This Agreement supersedes any and all prior agreements between the parties as
to the subject matter hereof.
3. General Requirements of Tow Carriers:
a. Tow Carrier shall comply-with all rules, regulations and laws of the State of
California, the County of San Bernardino and the City of San Bernardino, including but not limited
to those applicable to storage facilities. Tow 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;
"
b. Tow Carrier shall specifically comply with Exhibits A through E of
Resolution No. 2005-286 attached thereto and set out as follows:
Exhibit A - Minimum Tow Service Requirements
Exhibit B - Preliminary Application Review
Exhibit C - Towing Carrier Selection Process
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Exhibit D - Selection Process
Exhibit E - Rights of Persons Whose Vehicles are Towed at the Request of City
c. 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;
d. Storage facilities owned by a Towing Carrier, and shared with another Towing
Carrier, shall be approved only if the owner-Tow 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;
e. The City shall conduct, at a minimum, one annual meeting with all Tow
Carriers 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 day's prior written notice of these meetings. The City may call additional
required and noticed meetings with one or more Tow Carriers to address issues arising under this
Agreement; and
f. Tow Carrier understands and agrees that the Police Department or its
designees may conduct annual reviews of Tow Carrier's operations to insure compliance with the
regulatory and other requirements of this Agreement. Notwithstanding, the City and Police
Department reserve the right to conduct reviews of Tow Carrier's operations at any time when
health, safety or welfare concerns require such immediate review.
4. Towin!! Reauirements:
a. Rotation System: Agree to a rotation system established by the City;
b. 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 and/or
designated City employees at the scene;
c. Insurance: Each Tow Carrier shall maintain insurance pursuant to the
requirements set forth below. The City 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. The Tow Carrier shall maintain the following
minimum levels of insurance from an insurance carrier admitted in California, or admitted in the
state in which the Tow Carrier business is located, and is authorized to do business in California:
I.
Minimum Level of Financial Responsibility (as required by 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.
ii.
Uninsured Motorist - Legal minimum combined single limit.
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111. On-Hook Coverage/Cargo insuring the vehicle in tow with limits based on
the size of the tow truck;
lV. 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.
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 Tow Carrier
and the City. The Tow 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;
d. Every tow truck which responds to calls for service within the City pursuant
to this Agreement shall be clearly marked on both sides of the cab with the name and telephone
number of the Tow Carrier which operates the truck; and
e. The Tow 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.
5. Storaee of Vehicles: Pursuant to the requirements hereof, a Tow Carrier shall
transport vehicles or to the Tow Carrier's facility for storage and shall meet the following minimum
requirements:
a. Have a minimum storage space for 200 vehicles with a minimum of twelve
inside spaces; outside storage lots must be adequately lighted;
b. Provide for secure inside evidence storage and have the ability to provide
secure in-door storage for vehicles upon request of the Police Department;
c.
place of business;
Have an attendant on call twenty-four (24) hours a day, seven days a week at
d.
Have no more than two telephone numbers listed with any City department;
e. 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 Tow Carrier's
establishment or from the elements or by vandals; no vehicles shall be left parked or stored on the
public streets at any time; in no event shall the City be liable for any theft, vandalism or damage
occurring to any such vehicle or its contents;
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f. Post a tag on the windshield on all cars ordered impounded by the City;
g. Furnish each owner with an itemized billing and collect towing and storage
charges on each stored vehicle from the owner; in no event shall the City be liable for any such
charge;
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h. Confirm that the CHP Form 180 prepared by PD is accurate after PD inventories the
contents.; p-prior to taking possession of any vehicle, and immediately before release,
digitally photograph in a manner which shows the date and time on the photograph the
inside and outside to document condition of vehicle and its contents and retain such
photograph in a secure location for.at least one year
i. Release no vehicle without first having obtained a release from the City to do
so;
J. Have adequate equipment to handle calls from the City and storage of motor
vehicles;
k. The Tow Carrier shall operate from a location within the incorporated
boundaries of the City, and all of the facilities necessary to comply with the provisions of this
Agreement shall be located within the incorporated boundaries of the City;
1. 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;
m. The Towing Carrier may not remove property from an impounded vehicle.
The Towing Carrier shall obtain approval from the City prior to the removal of any property from a
stored 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 prop erty may he excused by the City ifit is
determined that proper safeguards and procedures are utilized by the Towing Carrier;
n. Upon approval from the City, the Towing Carrier shall release personal
property from a stored vehicle at the request of the vehicle registered owner or agent;
o. 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;
p. 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;
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q. Cargo shall be released upon demand of the carrier or pursuant to a court
Order;
r. 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 he released at
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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;
s. 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;
1.
business office;
Secondary storage facilities shall be located reasonably close to that main
u.
All storage facilities shall meet all legal requirements for such facility;
v. 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;
w. For the purpose ofthis 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; and
x. 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.
6.
(Class A)
Towin!! Equipment: Tow vehicles shall be rated at a minimum of 14000 GVWR.
a. Tow Truck and Car Carrier Classifications: Tow truck and car carrier
classifications are based on the truck chasses Gross Vehicle Weight Rating (GVWR) and the
classification system used by the American Trucking Association (AT A) and truck manufacturers;
b.
Towing Limitations:
i.
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); ~
11.
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,
iii.
The truck must meet all applicable state and/or federal standards;
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c. 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;
d. Recovery Equipment Rating: The basic performance rating of the recovery
equipment is the weight the equipment can life 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);
1. The structural design of the recovery equipment must have a higher load
capacity than the performance ratings;
11. Winches shall conform to or exceed the specifications set forth by the
Recovery Equipment Rating (SAE) Handbook, SAEn06; and,
lll. 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; and
e. Control/Safety Labels: All controls shall be clearly marked to indicate proper
operation, as well as any special warnings or cautions.
7. Per Call Rotation System
a. The City shall establish a per call rotation system of qualified Towing Carriers
who have entered into Agreements with the Cityfor the performance oftowing services in response
to calls from the City. All departments ofthe City shall comply with the rotation system.
b. Towing Carrier shall comply with and qualify under all the minimum
requirements set forth in this Agreement as a condition precedent to being eligible to be placed on
the rotation list as follows:
I.
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
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by-passed would remain in the same order until their selection for a rotation
tow for which they are qualified;
11. 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 excessive response time. Ifit 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;
a) If the Towing Carrier is cancelled 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,
b) 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
charges 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;
iii.
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;
IV.
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 specJfied 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;
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a)
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;
..
b) The City may take immediate disciplinary action for any violation of
the requirement to respond within the maximum response time; and
c) 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;
v. 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;
a) Towing Carriers and owners who do not meet the three year
verifiable for-hire towing experience may be considered for a
position on the City rotation tow list if a full-time manager who
possesses the required tow management experience is employed by
the Towing Carrier. An owner/Towing Carrier who releases vehicles,
completes lien sale paperwork, and other tow business related
documents for three years in the Towing Carrier, with the qualified
manager, will fulfill the three years for-hire towing experience
requirement;
VI.
To the extent applicable for stored vehicles, 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 requirements
ofthis Agreement concerning the tact of such towing, the place at which such
vehicle is stored and the imposition of charges for towing, storage and related
services whenever the Towing Carrier knows or is able to ascertain from the
registration records in the vehicle or from the registration records of the
Department of Motor Vehicles the name and address of the registered and
legal owners. The notice shall be given ten (10) days from the date of the
towing of the vehicle by the Towing Carrier. SaPD shall be responsible for
such notice for impounded vehicles; .
vii.
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; and
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viii. A stored vehicle shall be released to the registered owner upon presentation
of the registration and valid proof of identification (as provided in Vehicle
Code Section 22860.3) and payment of all towing and storage charges If the
Towing Carrier does not release the vehicle as required by this subsection
upon presentation of registration and valid proof of identification and
payment of all charges, storage charges shall cease on the date of
presentation of the documentation and payment of the accrued charges.
8. Compensation for Tow Services: Tow Carrier shall charge for services on calls by
the City in an amount not to exceed ten ($10) above the hourly rate set by the California Highway
Patrol. Tow Carrier is responsible for collection of all such fees and charges.
a. The rate for towing shall be computed from portal to portal. Time ~
shall be charged at a rate not to exceed the hourly rate. Time expended in excess of the minimums
shall also be at the hourly rate in no more than one-minute increments. There shall be no additional
charges for mileage, labor, etc:
1. The Towing Carrier may charge up to a thirty-minute minimum per call for
any service or tow which is performed when the vehicle operator or agent is
present and the vehicle is not stored at the discretion of an officer; and,
n. 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. Standby time for tow trucks will begin one (I) hour after receipt of calls from
the City, and is defined to mean the time consumed after the first hour in necessary preparations in
order to tow the disabled vehicle and in cleaning up the immediate surrounding area.
9. Compensation for Stora2,e: Tow Carrier shall charge for services for storage at the
storage rate set by the California Highway Patrol for the San Bernardino area. Tow Carrier is
responsible for the collection of all such fees and charges.
a. 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; "
b. The Towing Carrier shall display in plain view at all cashiers stations, a sign
as described in Section 3070 of the Civil Code. , disclosing storage fees, lien release fees, and
charges in force, including the maximum storage rate;
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c. Vehicles stored 24 hours or less shall be charged no more than one day
storage; and,
d. Storage of vehicles in combination may be charged a per vehicle rate except
for dollies and con-gear. Dollies and con-gear may be charged a storage rate not to exceed Class A
storage fees;
e. The charge for after-hours release shall be no more than one-halfthe hourly
rate, and shall only be allowed on weekends, holidays, and outside normal business hours;
f. The approved schedule of rates charged by the Towing Carrier shall be available
in the tow truck, and shall be presented upon demand to the persons for whom the Tow Services
were provided, their agent, or any officer at the scene;
g. 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;
h. Towing Carrier or employee shall not refer to any rate as required or set by the
City;
i. 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; and
j. 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 ofa credit card.lfthe 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.
10. City Fees and Franchise Fees. In addition to the amounts charged vehicle
owners, Tow Carrier shall pay the following fees to the City in the manner set out here.
a. Impounded Vehicles: Registered Owner shall pay to the City an administrative release
fee of $349 per vehicle towed, impounded and thereafter stored;
b. Stored vehicles: There shall not be a fee charged for stored vehicles based upon the
City's determination that such fees most often would be charged to the victims of crimes (auto theft)
or accidents;
c. Franchise Fee: Tow Carrier shall pay the following franchise fees per vehicle towed
under this Agreement (collectively "vehicle) during the
initial term of this Agreement and shall not be passed through to vehicle owners in any manner:
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Year I (effective date of Agreement, 2011, through June 30, 2012) - $70.00/vehicle
Year 2 (July 1,20] 2 through June 30, 2013) -$72.1 O/vehicle
Year 3 (July 1,2013 through June 30, 20]4) - $74.25/vehic1e
Year 4 (July 1,2014 through June 30, 2015) - $75.50/vehic1e
Year 5 (July 1,2015 through June 30,2016) - $79.00/vehic1e
Such franchise fees may be adjusted by the City after the initial 5-year term hereof;
d. Verification of Tows and Payment of Franchise Fees: By the 15th of each
month, Tow Carrier shall submit to the Police Department a list of all vehicles towed under this
Agreement during the previous calendar month, including but not limited to owner's request
tows. The list shall be in a format acceptable to the Police Department and shall include the case
number, vehicle license plate number and vehicle identification number. At the same time as the
list is provided, Tow Carriers will remit franchise fee payment to City for the vehicles towed
during the previous calendar month. Any amounts not paid by the 15th of the following month
shall bear interest at the rate of 10% per annum, simple interest, compounded daily until paid;
and
e. City fees (including but not limited to the list prepared) are subject to audit
and verification as set out herein whether as part of an annual review or otherwise.
II. Emplovees:
a. The Towing Carrier shall insure 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 dri vers are trained and proficient in the use ofthe 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;
c.
Notice Program;
All tow truck drivers and owner/Towing Carriers shall be enrolled in the Pull
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;
,'"
11.
Pull Notices shall be kept on file, signed, and dated by the Towing Carrier;
and,
1ll.
The City may require a Towing Carrier to provide copies of Pull Notice
Reports to the City;
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d. The Towing Carrier, or Towing Carrier's employees responding to a can, shan
perform the towing or service required for which they were called unless the requested equipment is
inadequate for the service to be performed; and,
e. Only the tow truck personnel and equipment requested sha1l respond to the
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;
11. There may be times when the Towing Carrier assigned the initial ca1l 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,
111. There may be times when a Towing Carrier, who was not called to a scene,
comes upon a collision scene where a vehicle or vehicle 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.
f Employees shall he properly trained to conduct business transactions related
to towing, storage, and release ofvehicJes/property;
g. Uniforms: While engaged in tow operations hereunder, City rotation tow
drivers shall wear an identifiable uniform shirt displaying the Tow Carrier's and driver's names; and
h. Safety Vests: City rotation tow drivers shall wear a safety vest and/or
reflectorizing clothing, as well as any other safety clothing required by and meeting CalOSHA and
Occupational Safety and Health Administration (OSHA) requirements.
12. Com>>laint Procedure: All City related tow service complaints from the public
received by the City against a Towing Carrier or Towing Carrier employee~ will be accepted and
investigated in a fair and impartial manner pursuant to procedures utilized by the Police Department
or as set out herein. The Towing Carrier will be notified of the results of any investigation.
13. Records: Each month, Towing Carrier shall submit a list of all vehicles towed the
previous month, including license plate numbers and vehicle identification numbers, and shall
identify clearly all impounded vehicles towed to its storage facility.
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a. 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;
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 I tows;
c. The City may inspect all Towing Carrier records without notice at any time
during normal business hours and during the annual reviews;
d. 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;
e. Records shall be maintained and available for inspection for a period of four
(4) years after the termination of this Agreement for Tow Servic"es; and,
f. Failure of the Towing Carrier to comply with the inspection requirements
shall be cause for suspension and/or termination of this agreement.
] 4. Audit:
a. Upon reasonable advance written notice, City or its designee shall have the right
to review and audit the books of Towing Carrier's place of business and during business hours. In
the event that such audit shows a 5% or greater variance in revenues owing to the City by Tow
Carrier, the following amounts shall be owing by Tow Carrier to City: 1) the amount determined to
be owing as a result of the audit; 2) simple interest at the rate of 10% on the amounts owing,
compounded daily from the due date; 3) both I) and 2) shall be paid within 10 calendar days of
notification ofthe deficiencies; and 4)Tow Carrier shall pay the reasonable costs of the audit based
upon invoices provided by City; and
b. In the event that an audit shows an 10% or greater variance in revenues owing to the
City, the following amounts shall be paid to the City by that Tow Carrier:
1. the amount owed as a result of the audit;
2. simple interest at the rate of 10% on the amount owed, compounded daily from the
due date; .
3. the amount owed including interest shall be paid within 10 calendar days of
notification of deficiencies; and
4. pay the reasonable costs ofthe audit;
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c. In the event the audit determines a 15% variance in revenues owing to the City, such
result may be ground for action under Section 17 herein.
15. Asshmment: Any assignment of this agreement due to change in ownership requires the
approval ofthe City Council to continue on the tow rotation. Any change of ownership must be
reported to the Police Department in writing within seven (7) days of such change. Thereafter,
Police Department will review the proposed new owner(s) under the standards set out in this
Agreement and procedures the Police Department adopts therefor. Within 30 days of the date of
notification of the change of ownership, the Police Department shall report the results of its
review to the City Council, which shall approve or deny the assignment of this Agreement to the
new owner. In the event the City Council denies the assignment, the Agreement shall terminate
as of the date of such denial and the Police Department shall initiate procedures to replace the
Tow Carrier in the towing rotation. Such termination is not subject to the appeal provisions
hereof or of Resolution No. 2005-286.
16. Standards for Performance: While involved in City rotation tow operations or related business,
the Tow Carrier and/or employees shall refrain from any acts ofmisconduct including, but not
limited to, any of the following:
a. Rude or discourteous behavior;
b. Lack of service, selective service, or refusal to provide service which the
Towing Carrier should be capable of performing;
c. Any act of sexual harassment or sexual impropriety;
d. Unsafe driving practices;
e. Exhibiting any objective symptoms of alcohol and/or drug use;
f. Appearing at the scene of a City rotation tow call with the odor of an alcoholic
beverage emitting from the Tow Carrier's employee's breath. The Towing Carrier employee shall
submit to a preliminary alcohol screening test upon demand of the City;
g. 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;
h.
Traffic Violations;
I'
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 ofthe 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
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violations may be cause for disciplinary action against the Towing Carrier
and/or the involved employee(s);
ii. Any flagrant traffic violation may be cause for immediate disciplinary
action against the Towing Carrier and/or the involved employee(s); and,
Ill. 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;
i. 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 Tow Carrier from the list of
current City rotation, denial of Towing Carrier application, or termination of this Agreement;
j. A Tow Carrier or employee arrested/charged for a violation involving any of
the above crimes may be suspended until the case is fully adjudicated. Records of violations shall be
retained by the City for at least 36 months;
k. A violation of the equipment requirements related to safety shall be cause for
immediate suspension of the Tow Carrier from the tow rotation. The suspension will remain in effect
until the period of suspension is completed and the City has conducted an inspection and concluded
the Tow Carrier is in compliance;
1. A violation of the GVWR and safe loading requirements of a tow truck may
be cause for immediate suspension of the Tow Carrier. 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;
m. A violation of intentionally overcharging or a pattern of overcharh>ing or of
non-payment of City fees shall be cause for suspension of the Tow Carrier. The suspension will
remain in effect until the period of suspension is completed and the Tow Carrier has presented proof
to the City that reimbursement has been made to the aggrieved customer;
n. City personnel shall not be offered gratuities, and requests for gratuities shall
not be honored by Tow Carriers, employees, or associates of the Tow Carrier. A violation of this
section shall be cause for suspension or termination; ~
o. Failure of the Tow 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
reim bursement;
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p. Failure of the Tow Carrier to comply with the inspection requirements ofthis
Agreement for Tow Services shall result in a suspension. The suspension will remain in effect until
the period of suspension is completed and the Tow Carrier has complied with the inspection
requirement;
q. Failure of the Tow Carrier 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 Tow Carrier has presented proof to the
City that the driver is qualified and competent; and,
r. Failure of the Tow Carrier to maintain the minimum insurance requirements
set forth in the Agreement for Tow Services will immediately nullify the Agreement for Tow
Services. The Tow Carrier will be subject to an additional suspension for failure to notify the City in
advance of the insurance policy expiration or cancellation.
17. Suspension and Termination for Cause: The City shall take disciplinary action against Tow
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 tenns and conditions of this Agreement for Tow
Services.
a. Violations of the terms and conditions ofthis Agreement may be cause for disciplinary
action against the Tow Carrier as follows; in lieu of termination, the City may impose
additional suspension for longer periods, if deemed appropriate;
1. First violation within a 12 month period - letter of written reprimand;
No changes to these per PO;
ii. Second violation within a 12 month period - 1 to 30 day suspension;
Ill. Third violation within a 12 month period - 60 to 90-day suspension; and,
iv. Fourth violation within a 12 month period - termination of the Agreement for
Tow Services.
b. Violations of the terms and conditions of this Agreement 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, 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,
11.
Termination shall be invoked if, in the City's sole judgment, continued
participation in the Rotation Tow Program by the affected Towing Carrier
4834-4847-6167.1
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may result in a hazard to public safety and/or welfare, or 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;
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;
d. Administrative Hearing: lit 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 practical. The hearing shall be conducted by the Traffic
Sergeant or designee, and the Tow Carrier shall be entitled to present all relevant facts and
circumstances in support of the Tow Carrier's position. The Tow Carrier shall be further entitled to
present testimony of at least one qualified person. The Tow 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;
e. Appeal from Administrative Hearing: Following a hearing, if the Tow Carrier
is dissatisfied with the Traffic Sergeant's decision(s), the Tow 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;
f. A suspension shall not take effect until the hearing and appeal process has
been exhausted, with the exception of Tow Carriers whose conduct 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 Tow 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 Tow Carrier by the City;
and
g. A terminated or suspended Tow Carrier, and/or the Tow Carrier
Business owner at the time ofthe suspension or termination shall not be eligible for a rotation listing
for the duration ofthe suspension or termination. This provision applies to the Tow 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 provisiondoes not apply to Section 16 regarding termination
due to a change in ownership. ,-
18. Notice: Any notice to be given pursuant to this Agreement by either party to
The other shall be given by personal service or shall be deemed given when deposited with the
United States Postal Service, first class, postage prepaid, and addressed as follows:
4834-4847-6167.1
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To the City:
City Manager
300 North "D" Street
San Bernardino, CA 92418
.
To Towing Carrier:
Wilson Towing LLC
2310 E. 3rd Street
San Bernardino, CA 92410
19. MisceUaneous: This Agreement represents the entire Agreement between the City and the Tow
Carrier and fully supersedes any and all previous Agreements enter into by and between the City
and Tow Carrier. This Agreement may be amended only in writing agreed upon by all affected
Tow Carriers. No waiver of any term or condition ofthis Agreement shall be a continuing waiver
thereof.
20. Attorneys' Fees: In the event of litigation to enforce this Agreement, the prevailing party in
such litigation shall be entitled to reasonable costs and attorneys' fees, as determined by the
Court. As used here, "attorneys' fees" includes the costs, salary and expenses of the City
Attorney and members of his office.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
date first above shown.
CITY OF SAN BERNARDINO
By:
City of San Bernardino
Attest:
By:
TOW CARRIER: WILSON TOWING LLC
By:
Print Name:
,"r
Approved as to Form:
JAMES F. PENMAN
City Attorney
By:
4!i34-4!i47-6167.1
19
''''''y...<>''l...,~_~-~.....",",*""t..'''"''""''"'''' "<,~-,,,,_"""";,,,,,,~,,';"""!""'~.i<_"'"""~;''''>w."".''>.1'.:'''-,,,,",___',,,.,:.,-~~_"""""""",,,,,,,,,,,,. .
2012-72
2011-80
To the City:
City Manager
300 North <4D" Street
San Bernardino, CA 92418
To Towing Carrier:
Wilson Towing LLC
2310 E. 3rd Street
San Bernardino, CA 92410
19. Miscellaneous: This Agreement represents the entire Agreement between the City and the Tow
Carrier and fully supersedes any and all previous Agreements enter into by and between the City
and Tow Carrier. This Agreement may be amended only in writing agreed upon by all affected
T ow Carriers. No waiver of any term or condition of this Agreement shall be a continuing waiver
thereof.
20. Attornevs' Fees: In the event of litigation to enforce this Agreement, the prevailing party in
such litigation shall be entitled to reasonable costs and attorneys' fees, as determined by the
Court. As used here, "attorneys' fees" includes the costs, salary and expenses of the City
Attorney and members of his office.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
date first above shown.
By:
City of San Bernardino
Atte~ h
By: ..~v..1.. t;). ~t/JL
--
TOW CARRIER: WILSON TOWING LLC
By:cXJ~
Print Name: .J:JJ ,,' A rJA
Vt{~
v' ~CA.{
A~.r. oved as to Form:. _ .
(. 41'J..P,_b..{~ l rJo.A.tlt!'f'--/
Timoltly 1. Sabo . l
Special Counsel
,.
4834-4847-6167.1
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-.
EXlUBIT A
TOW CARRIBRS MINIMUM REQUIREMENTS
(FPFECTIVB FOR TOW CARRIERS BNTBRINO TIm CITY'S
TOW ROTATION AFTER TIm EFFECTIVE DATE OF THIS 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 tnlCks.
F. Current City Business license.
O. Certificate of Occupancy.
H. Hazardous Material Handler's Permit.
1. 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 attendillnt oneall 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 departn'1Cl11.
M. Store towed vehicles in a safe, lighted and protected space where the vehicles aud their
contents will not be accessible to thieves IIOr be damaged by aqivity in the carrier
establishment or from the elements or by vandals; no vehicles sball 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 Of hauling and storage charges on each vehicle from the owner; in no
event shall the city be liable for any such charge.
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2012-72
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P. Whenever a vehicle bas been involved in an accident or a traffic violation, and the OWDel'
or someone delegated by him is present and is capable of removiDg the vehicle from the
street with rcasooablc dispatd1. and the vehicle is not needed for aimiDal evidence, City
and/or towing carrier sba1l permit the owner or his delegate to remove the vehicle or call
a towing company of his or her own choic::e 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 item;".ed thereon as verified by the officer orderiDg 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, rCgulatious 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 sball be located within
the City of San Bernardino.
X. Carry a brOOlll, trash can and saud, clean and remove broken glass, spilled oil, or gasoline
from the area before departing, unless directed to not do so by police officers aDdIor
designated City employees at the scene.
Y. Each tow carrier shall mainr.;n insurance purswuit to the requir'e1DeDts set forth below.
The City of San Bernardino sball be DlIIDCd as an additioDal insured on all policies
including the workers compensation policies. Tow carriers sball provide an endorsement
to each policy showing the City as an additional insured. "
1. The operator shall mSlintain the following minimum levels of insurance from an
insuraIK:e carrier admiUed in California, or admitted in the state in which the
operator's business is located, and is authorized to do business in California:
a) Minim~ Level of Financial Respcmibility (as required by Section 34631.S
oftbe California Vehicle Code) - Bodily injury and property damage with
2
2012-72
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"..,,..,..... .......'. ...,.~.,..~...,.-=-~..._.-
......~~
a combined single limit of not less than $7SO,OOO for Class A tow trucks.
These V1inimum staDdards' are to include non-owned and hired auto
coverage.
b) Uninsured Motorist - Legal minimum. combined single limit.
c) On-Hook Coverage/Cargo. Insurin& the vehicle in tow with limits based
on the size of the tow truck.
d) Garage Liability/Garage Keeper's liability - IncIudcs premises and
operatiODS. Coverage for bodDy injury aDd property damage with a
combined single limit of not less than $SOO.OOO.
2. Proof of insurance shall be in the form of a certificate of insurance. Policy
expiration or cancellation will i,n1'lV'.diately nullify the Agreement for Tow Services
between the carrier and the City. The operator's insuraDce policy sha1I 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 OVWR. (Class A)
1. Tow Trock and Car Carrier Classifications: Tow truck and car carrier
classificatioDS arc based on the truck chasSis Gross Vehicle WeightRatiDg (GVWR)
and the classification system used by the American Tmcking Association (AT A)
and truck manufacturers.
2. Towing Limitations:
a) The total weight of the truck, iDcludiDg the lifted load, shall fall within the
OVWR and not exceed either tbc Pront Axle Weight Ratings (FA WR) or
Rear Axle Weight Ratings (RA WR).
b) All tow trucks and car carriers shall be equipped &lid in comp1iancc with the
most recent electroDic version of the California Highway Patrol Tow Truck
Inspection Guide (CHP 234B).
c) The truck must meet all applicable state 8DdIor federal staDdards.
.
3. Identification Labels: Each piece of towing equipment shall bave a label or
identification tag permanently affixed to the equipment in a prominent location to
identify the manufacturer, serial number, model, aDd rated capacity.
4. Recovery Equipment Rating: The basic performance rating of the recovery
equipment is the weight the equipment can lift in a wjnebing mode, when the boom
is static at a 30 degree elevation with the load lines vertical and the lifting cables
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2012-72
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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 SpecificatiODS set forth by the
Recovery Equipment Rating (SAE) Handbook. SAE J706.
c) All ratings for cable aud chain assemblies are for the u~led assembly
condition. All cable and chain assemblies should be. the same type,
coDStruetion, and rating as specified by the original equipment manufacturer
(OEM) for the equipment.
S. ControllSafcty Labels: All controls shall be clearly marked to iDdicate proper
operation, as well as any special warnings or cautions.
6. Uniforms: City rotation tow drivers shall WeaJ' 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 OccupatioDal 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 carrier is exempt from meeting legal requirements imposed by any city. county. State
or Federal laws or ICgulations. An example of this is the Clean Water Act.
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