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HomeMy WebLinkAbout21- Police CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Wayne Harp, Assistant Chief of Police Subject: Enter an interim Agreement For Tow Services with San Bernardino Towing Dept: Police OI 1 f�� consistent with Resolution 1999-86 Date: February 16, 2000 Synopsis of Previous Council action: Resolution 1999-86 adopted May 20, 1999 Recommended motion: Adopt Resolution i Signat re Contact person: Lieutenant Roger Poyzer Phone: 384-5625 Supporting data attached: Ward: I - 7 FUNDING REQUIREMENTS: Amount Source: (Acct. No.) (Acct. Description) Finance Council Notes: Agenda Item NO.—AL/— 3/0;t 000 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect Enter an interim Agreement For Tow Services with San Bernardino Towing consistent with Resolution 1999-86 Background 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 of the City". Six tow carriers were on the tow rotation when Mayor Valles and the Common Council adopted this resolution. The companies on rotation at that time were Big Z Auto Works, City Towing, Danny's Towing, Loma Linda Towing, Tri-City Towing, and Wilson Towing L.L.C. Currently,two of the tow carriers are suspended from the tow rotation. Loma Linda Towing has a criminal case in progress,which resulted from an investigation by the Tow Service Compliance Unit. The crimes charged included illegal towing from public and private property,providing false information to a police officer, and auto theft. The case is set for pre-trial on February 29, 2000, which indicates that this case will not be adjudicated for at least ninety days. Loma Linda Towing was suspended from the tow rotation on June 30, 1999 and shall remain suspended pending the adjudication of the criminal case. At Loma Linda Towing's request,the administrative appeal of the suspension has been stayed until the criminal case is concluded. Danny's Towing was suspended from the tow rotation on December 21, 1999, for a major violation of the Agreement. This tow carrier stored city stored and impounded vehicles on public right-of-ways and in unsecured areas. A subsequent investigation by the Tow Service Compliance Unit revealed several apparent illegal business practices. On February 11, 2000, Mayor Valles issued a"Termination of the Agreement"letter to Danny's Towing. Therefore,notwithstanding an appeal before the City Council the Agreement between Danny's Towing and the City will terminate on March 15, 2000. The four remaining companies are towing an average of 150 police request vehicles per month. The Agreement requires the tow carriers to have storage space for 200 vehicles. The increase in tows is causing a strain on available storage space. The city can operate with five tow carriers on rotation,which will reduce the strain on the existing companies. There are two tow carriers within city jurisdiction available for inclusion on the tow rotation. Elite Towing now has a facility located in San Bernardino and meets the requirements of the Agreement. However, our department has received a complaint and are investigating allegations against Elite Towing for charging excessive fees. The investigation indicates conduct between Elite Towing and a private security company,which appears to violate portions of the California Vehicle Code. This investigation,which will include a review by the District Attorney's Office,may take up to ninety days to complete. San Bernardino Towing has a facility located in San Bernardino and meets the requirements of the Agreement. San Bernardino Towing is in good standing with the CHP and does not have pending disciplinary action. San Bernardino Towing is available for inclusion on the tow rotation on an interim basis. The interim term to be ninety days with three thirty-day extensions, if needed, at the discretion of the Chief of Police. Financial Impact There is no financial impact to the City. The approved tow carrier will incur an equal share of the $24,000 per month Franchise Fee, which is invoiced to the participating tow companies. Recommendation Adopt Resolution i i s 1 1 j i i I { a 1 COPY 1 RESOLUTION NO. 2 A RESOLUTION OF THE CITY OF SAN BERNARDINO ENTERING INTO AN INTERIM AGREEMENT FOR TOW SERVICES WITH SAN BERNARDINO TOWING 3 CONSISTENT WITH RESOLUTION 1999-86. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 5 BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed 7 to execute on behalf of said City, an Agreement For Tow Services with San Bernardino Towing e for providing tow services to the City of San Bernardino. A copy of said Agreement For Tow 9 Services is attached as Exhibit"A" and made a part hereof. 10 SECTION 2. The authorization to execute the above referenced agreement is rescinded i 11 the parties to the agreement fail to execute it within sixty (60) days of the passage of this 12 resolution. 13 14 15 16 17 18 19 20 21 22 23 24 25 D . a� 100 RESOLUTION NO. A RESOLUTION OF THE CITY OF SAN BERNARDINO ENTERING INTO AN INTERIM AGREEMENT FOR TOW SERVICES WITH SAN BERNARDINO TOWING CONSISTENT WITH RESOLUTION 1999-86. 1 2 I HERBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof,hel 3 9 on the day of 2000,by the following vote,to wit: Council Members: AYES NAYS ABSTAIN ABSENT s ESTRADA — 6 LIEN 7 — MCGINNIS a SCHNETZ 9 10 SUAREZ — ANDERSON 11 MILLER ® 12 13 14 CITY CLERK 15 The forgoing Resolution is hereby approved this day of 2000. 16 17 1e Judith Valles,Mayor City of San Bernardino 19 Approved as to form 20 and legal content: 21 JAMES F. PENMAN, City Attorney 22 23 QBy:24 25 0 BCL Owindow\TEMPTouncil page 2-16-00.doc 1 INTERIM AGREEMENT FOR TOW SERVICES 2 THIS INTERIM AGREEMENT FOR TOW SERVICES entered into this day 3 of 2000,by and between the City of San Bernardino ("City") and San Bernardino 4 Towing ("Towing Carrier") shall become effective The term of this agreement 5 shall be for a period of ninety days with three thirty-day extensions as necessary at the option of 6 the City of San Bernardino. 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. 13 B. Have an attendant on call twenty-four(24)hours a day, seven days a week © 14 at place of business. 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 25 owner; in no event shall the city be liable for any such charge. 1 1 G. Whenever a vehicle has been involved in an accident or a traffic violation, 2 and the owner or someone delegated by him is present and is capable of removing the vehicle 3 from the street with reasonable dispatch, and the vehicle is not needed for criminal evidence, 4 City and/or towing carrier shall permit the owner or his delegate to remove the vehicle or call a 5 towing company of his or her own choice to remove the same; provided, however, that if the 6 street cannot be cleared for safe public use with reasonable dispatch by the above method, and in 7 all situations other than above set forth, a towing carrier from the top of the rotation list will be 8 called by the City. 9 H. Furnish each owner with a fully itemized billing. 10 I. Immediately after each towing operation, make a towing slip with the 11 contents of each vehicle placed in his or her care itemized thereon as verified by the officer 12 ordering the same and make the slip available to the City on request. 13 J. Release no impounded vehicle without first having obtained a release fron. C14 the City to do so. 15 K. Agree to a rotation system established by the City. i 16 L. Comply with all rules,regulations and laws of the State of California, 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 Bernardino, and all of the facilities necessary for said operation shall be located within the City 22 of San Bernardino. 23 O. Carry a broom, trash can and sand and shall clean and remove broken j 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. O 2 I P. Each tow carrier shall maintain insurance pursuant to the requirements of 2 the most recent California Highway Patrol tow service agreement. The City of San Bernardino 3 shall be named as an additional insured on all policies including the workers compensation 4 policies. Tow carriers shall provide an endorsement to each policy showing the City as an 5 additional insured. 6 Q. Tow vehicles shall be rated at a minimum of 14000 GV W. 7 3. Towing Carrier shall give or cause to be given written notice to the registered and 8 legal owners of each vehicle which is towed in conformity with authorization and requirements 9 of this Agreement concerning the fact of such towing,the place at which such vehicle is stored 10 and the imposition of charges for towing, storage and related services whenever the towing 11 carrier knows or is able to ascertain from the registration records in the vehicle or from the 12 registration records of the Department of Motor Vehicles the name and address of the registered 13 and legal owners. The notice shall be given not more than ten(10) days from the date of the © 14 towing of the vehicle by the towing carrier. 15 4. Every tow truck of towing carrier which is subject to the provisions of this 16 Agreement and which by virtue of this Agreement responds to calls for service by the City, shall 17 be clearly marked on both sides of the cab with the name and telephone number of towing 18 carrier. 19 5. Any agreement entered into pursuant to the terms of this resolution may be 20 terminated by either party, without prejudice, upon thirty(30) days written notice to the other 21 party. 22 6. Towing Carrier shall be dispatched to tow calls on a per call rotation basis in 23 conjunction with other towing carriers which have entered into agreements with the City. 24 7. Each month, Tow Carriers shall submit a list of all vehicles towed the previous 25 month, including license plate numbers and vehicle identification numbers. 3 1 8. Tow Carrier shall charge for services on calls by the City, in an amount not to G2 exceed ten dollars ($10) above the hourly rate set forth by the California Highway Patrol. The 3 minimum charge for services shall not exceed one(1)hour. 4 9. Standby time for tow trucks will begin one(1)hour after receipt of calls from the 5 City and is defined to mean the time consumed after the first hour in necessary preparations in 6 order to tow the disabled vehicle and in cleaning up the immediate surrounding area. 7 10. In the event that a towed vehicle is forfeited by the owner in accordance with 8 Section 14607 of the Califomia Vehicle Code,the proceeds of the sale of the vehicle shall be 9 distributed pursuant to Section 14607.6 of said Code. 10 11. Upon reasonable advance written notice, City shall have the right to review and 11 audit the books of towing carrier at towing carrier's place of business and during business hours. 12 12. The parties understand and agree that this Agreement grants Towing Carrier a 13 non-exclusive franchise. © 14 13. The City will collect a vehicle administrative fee per each vehicle towed, which 15 shall be set by resolution by the Mayor and Common Council. Such fee shall not be charged for 16 those individuals who have had their vehicles towed, stored or impounded as a result of being a 17 victim of a crime(car theft, etc) or those vehicles belonging to any public agency. 18 14. The averaged franchise fee will equal$24,000 per month,which will be divided 19 equally among each of the participating tow carriers. Such franchise fee shall be paid by the 20 towing carrier, out of its profits, and shall not be passed on to the vehicle owner. Should the tota 21 number of tow carriers on the rotation list change, the franchise fee will be adjusted accordingly 22 among the tow carriers. Ten days notice shall be given to the participating tow carriers of any 23 change in the amount to be paid to the City. 24 25 3 4 1 15. Towing Carrier shall also comply with the most recent California Highway Patrol 2 tow service agreement. Where provisions of this Agreement and the CHP tow service agreement 3 shall be found to be in conflict, the provisions of this Agreement shall prevail. 4 16. Towing carrier shall also comply with all provisions of the Resolution of the 5 Mayor and Common Council of the City of San Bernardino Establishing Standard Criteria for 6 Companies to Provide Tow Services for the City of San Bernardino as said resolution exists 7 and/or as said resolution may be amended from time to time. 8 17, This Agreement represents the entire Agreement between the City and the 9 Towing Carrier and fully supersedes any and all previous Agreements entered into by and 10 between the City of San Bernardino and San Bernardino Towing. 11 - 18. Any notice to be given pursuant to this Agreement by either party to the other 12 shall be deposited with the United States Postal Service,postage prepaid, and addressed as 13 follows: 14 is To the City: City Administrator 300 North"D" Street 16 San Bernardino, CA 92418 7 To Towing Carrier: San Bernardino Towing e 2285 East 6th Street 8 San Bernardino, CA 92410 20 Nothing in this paragraph shall be construed to prevent the giving of notice by personal 21 service. 22 23 24 25 5 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day 2 and date first above shown. 3 CITY OF SAN BERNARDINO 4 5 By: Mayor Judith Valles 6 7 Attest: 8 By: San Bernardino Towing 9 "Towing Carrier" 10 By: 11 12 Approved as to Form. 13 and Legal Content: 14 James F. Penman, 15 City Attorney 16 By: 17 _6 1° 20 21 22 23 24 25 6 0�¢NARpt� Spy_ 9� 9 C ERNARDINO 300 NORTH"D"STREET, SAN BERNARDINO, CALIFORNIA 92418 R A C H E L C L A R K C I T Y C L E R K March 8, 2000 San Bernardino Towing ATTN: Rose 2285 East 6' Street San Bernardino, CA 92410 Dear Rose: At the Mayor and Common Council meeting of March 6, 2000, the City of San Bernardino adopted Resolution 2000-47—Resolution authorizing an interim agreement for tow services 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, Attn: Melanie Miller, P. O. Box 1318, San Bernardino, CA 92418 as soon as possible. Please retain a copy of the executed agreement for your files. Please he advised that the documents are null and void ifnotfully executed and returned to this office within sixty (60) days—May S, 2000. If you have any questions, please do not hesitate to contact me at(909) 384-5002. Sincerely, Melanie Miller Senior Secretary P. 0 . SOX 1515 , SAN 0ERNAR DINO , CA 92402 3 0 0 N O R T H D. S T R E E T , S A N B E R N A R D 1 N O . C A L I F O R N I A 9 2 4 1 9 . 0 0 0 1 ( 9 0 9) 5 9 4 - 5 0 0 2 ( 9 0 9 1 5 9 4 - S 1 02 FA X - ( 9 0 9 1 3 5 4 -5 1 5 5 T D D I T T Y -( 9 0 9) 5 9 4 -5 S 4 0 2000-47 C INTERIM AGREEMENT FOR TOW SERVICES 2 THIS INTERIM AGREEMENT FOR TOW SERVICES entered into this 6th day 3 of March 2000,by and between the City of San Bernardino ("City") and San Bernardino 4 Towin ("Towing Carrier) shall become effective The term of this agreement 5 shall be for a period of ninety days with three thirty-day extensions as necessary at the option of 6 the City of San Bernardino. 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. 13 B. Have an attendant on call twenty-four(24)hours a day, seven days a week 14 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 25 owner; in no event shall the city be liable for any such charge. 1 2000-47 1 G. Whenever a vehicle has been involved in an accident or a traffic violation, 2 and the owner or someone delegated by him is present and is capable of removing the vehicle 3 from the street with reasonable dispatch, and the vehicle is not needed for criminal evidence, 4 City and/or towing carrier shall permit the owner or his delegate to remove the vehicle or call a 5 towing company of his or her own choice to remove the same;provided, however,that if the 6 street cannot be cleared for safe public use with reasonable dispatch by the above method, and in 7 all situations other than above set forth, a towing carrier from the top of the rotation list will be 9 called by the City. 9 H. Furnish each owner with a fully itemized billing. 10 I. Immediately after each towing operation,make a towing slip with the 11 contents of each vehicle placed in his or her care itemized thereon as verified by the officer 12 ordering the same and make the slip available to the City on request. 13 J. Release no impounded vehicle without first having obtained a release frorri 14 the City to do so. 15 K. Agree to a rotation system established by the City. 16 L. Comply with all rules, regulations and laws of the State of California, 17 County of San Bernardino and City. 18 A 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 Bernardino, and all of the facilities necessary for said operation shall be located within the City 22 of San Bernardino. 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 2000-47 1 P. Each tow carrier shall maintain insurance pursuant to the requirements of 2 the most recent California Highway Patrol tow service agreement. The City of San Bernardino 3 shall be named as an additional insured on all policies including the workers compensation 4 policies. Tow carriers shall provide an endorsement to each policy showing the City as an 5 additional insured. 6 Q. Tow vehicles shall be rated at a minimum of 14000 GV W. 7 3. Towing Carrier shall give or cause to be given written notice to the registered and 8 legal owners of each vehicle which is towed in conformity with authorization and requirements 9 of this Agreement concerning the fact of such towing,the place at which such vehicle is stored 10 and the imposition of charges for towing, storage and related services whenever the towing 11 carrier knows or is able to ascertain from the registration records in the vehicle or from the 12 registration records of the Department of Motor Vehicles the name and address of the registered 13 and legal owners. The notice shall be given not more than ten(10)days from the date of the 14 towing of the vehicle by the towing carrier. 15 4. Every tow truck of towing carrier which is subject to the provisions of this 16 Agreement and which by virtue of this Agreement responds to calls for service by the City, shall 17 be clearly marked on both sides of the cab with the name and telephone number of towing 18 carrier. 19 5. Any agreement entered into pursuant to the terms of this resolution may be 20 terminated by either party, without prejudice,upon thirty(30)days written notice to the other 21 per. 22 6. Towing Carrier shall be dispatched to tow calls on a per call rotation basis in 23 conjunction with other towing carriers which have entered into agreements with the City. 24 7. Each month,Tow Carriers shall submit a list of all vehicles towed the previous 25 month, including license plate numbers and vehicle identification numbers. 3 2000-i7 1 8. Tow Carrier shall charge for services on calls by the City, in an amount not to 2 exceed ten dollars ($10) above the hourly rate set forth by the California Highway Patrol. The 3 minimum charge for services shall not exceed one(1)hour. 4 9. Standby time for tow trucks will begin one(1)hour after receipt of calls from the 5 City and is defined to mean the time consumed after the first hour in necessary preparations in 6 order to tow the disabled vehicle and in cleaning up the immediate surrounding area. 7 10. In the event that a towed vehicle is forfeited by the owner in accordance with 8 Section 14607 of the California Vehicle Code, the proceeds of the sale of the vehicle shall be 9 distributed pursuant to Section 14607.6 of said Code. 10 11. Upon reasonable advance written notice, City shall have the right to review and 11 audit the books of towing carrier at towing carrier's place of business and during business hours. 12 12. The parties understand and agree that this Agreement grants Towing Carrier a 13 non-exclusive franchise. 14 13. The City will collect a vehicle administrative fee per each vehicle towed,which 15 shall be set by resolution by the Mayor and Common Council. Such fee shall not be charged for 16 those individuals who have had their vehicles towed, stored or impounded as a result of being a 17 victim of a crime (car theft, etc)or those vehicles belonging to any public agency. 18 14. The averaged franchise fee will equal $24,000 per month, which will be divided 19 equally among each of the participating tow carriers. Such franchise fee shall be paid by the 20 towing carrier, out of its profits, and shall not be passed on to the vehicle owner. Should the tota 21 number of tow carriers on the rotation list change, the franchise fee will be adjusted accordingly 22 among the tow carriers. Ten days notice shall be given to the participating tow carriers of any 23 change in the amount to be paid to the City. 24 25 4 2000-47 1 15. Towing Carrier shall also comply with the most recent California Highway Patrol 2 tow service agreement. Where provisions of this Agreement and the CHP tow service agreement 3 shall be found to be in conflict, the provisions of this Agreement shall prevail. A 16. Towing carrier shall also comply with all provisions of the Resolution of the 5 Mayor and Common Council of the City of San Bernardino Establishing Standard Criteria for 6 Companies to Provide Tow Services for the City of San Bernardino as said resolution exists 7 and/or as said resolution may be amended from time to time. 8 17. This Agreement represents the entire Agreement between the City and the 9 Towing Carrier and fully supersedes any and all previous Agreements entered into by and 10 between the City of San Bernardino and San Bernardino Towing. 11 18. Any notice to be given pursuant to this Agreement by either party to the other 12 shall be deposited with the United States Postal Service, postage prepaid, and addressed as 13 follows: 14 15 To the City: City Administrator 300 North "D" Street 16 San Bemardino, CA 92418 17 To Towing Carrier: San Bernardino Towing 18 2285 East 6th Street 19 San Bernardino, CA 92410 20 Nothing in this paragraph shall be construed to prevent the giving of notice by personal 21 service. 22 23 24 25 5 2000-47 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day 2 and date first above shown. 3 CITY OF SAN RNARDINO 4 5 By; y r udith Valles 6 7 Attest: pn�_ rr'' 8 By: iU. A C A // San Bernardino Towing 9 "Towing Carrier" 10 By 11 12 Approved as to Form 13 and Legal Content: 14 James F. Penman, 15 City Attorney 16 By: - 17 11 17 20 21 22 23 24 25 6 From:Robert Corrado To:Elite Towing Cate:36100 Time:2:00:06 PM Paps 2 of 1� t LAW OFFICES OF Tr ate. ROBERT CORRADO 7142883977 A LAW CORPORATION — FxsIML 714 8-5 84 850 EASTCNAPM AVMVE Suim"C" y a ORANGE,CALIFORNIA 92866 a U March 6, 2000 t = i Mavor and Council Members City of San Bernardino Re: Supplemental Information Concerning Agenda item No. 21 set for Mareh'6,2000/Interim Agreement for tow Services. Dear Mayor and Members of the City Council: On your agenda today for your consideration is a request to enter into an interim agreement for tow services with San Bernardino Towing consistent with Resolution 1999-86. The staff report submitted on this item states that there are only two qualifying companies: Elite Towing and San Bernardino Towing. The report requests that the Council enter into an interim agreement with San Bernardino Towing and not Elite Towing. I t is the purpose of this letter to supplement the staff report and to request that the City of San &mardino also enter into an interim agreement with Elite. Firstly, the City of San Bernardino allows six towing companies. If Elite, which is the only other company that qualifies to do tows for San Bernardino, is no selected, the City will be down one towing company and this issue will have to be revisited in the future. We are informed and believe that it is the desire of the police department, on account of the great workload, to have six towing companies in the rotation. Additionally, entering into an interim agreement with Elite would aid all the towing companies because it would serve to distribute the franchise fees owed the City among a greater number of tow companies. Secondly, Elite Towing is in good standing with the CHP and does not have pending disciplinary actions with them. In fact, Elite was recently audited by the CHP and was not advised of any problem(s). Thirdly, concerning a complaint of charging excessive fees which is being investigated by the police department, Elite Towing has been very cooperative in this investigation. In fact, Elite has give the police department everything it has asked for including material that Elite is not required to disclose. This entire affair involves Between$1,500 and $2,000.00, and Elite has refunded the almost all of the money and is in the process of trying to locate individuals entitled to the remainder so as to refund to them. Additionally, we have furnished documentary proof to the 3/io/ao From:Robed Corrado To:Elite Tow ng Date:318100 Time:2'.00'.08 PM Page 3 of police department that the private security firm was the originator of the idea giving rise to this matter. Please note that as soon as I spoke to the police department regarding its interpretation of the code in this matter. Elite immediately stopped this practice and began to refund the above amounts. Fourthly, Elite has made a substantial investment in the City of San Bernardino. It has acquired ground and built and rehabbed the property, and did so to better serve the City and to become eligible to become a recognized tow for the City of San Bernardino. As a consequence, is Elite's request that both San Bernardino Towing and Elite Towing be awarded an interim agreement for tow services consistent with Resolution 1999-86. truly yourSn�Tr2i ss— E ROBERT Z. CORRADO General Counsel Elite Towing, Inc.