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CITY -OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Lee Dean, Chief of Police Subject: Establish standard criteria
for tow companies and
Dept: Police authorize execution of
ORIGINAL agreements with the six
Date: July 1 , 1998 tow companies .
Synopsis of Previous Council action:
6/22/98--Reviewed and approved by Legislative Review Committee.
6/23/98--Council gave approval as part of the budget balancing process.
Recommended motion:
1 . Adopt Resolutions '
2. That one (1) account clerk II position (Range 1275, $1 ,750-$2,127/month)
be established.
Signature
Contactperson:Capt Robert Curtis Phone: 384-5606
Supporting data attached: Yes - Staff Study Ward:
FUNDING REQUIREMENTS: Amount: $236 , 800
Source: (Acct No.)
Acct. Description) Net revenue to the General Fund.
Finance:
Council Notes:
75-0262 Agenda Item No. ' `
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
The Police Department has been asked to identify appropriate fees
to charge contract tow companies providing service to the Police
Department .
Background
1 . The Police Department requested tows for 6, 597 vehicles in
1997 . This includes impounds and owner requests . The Police
Department proposes assessing a new tow franchise fee on
contract tow companies for all vehicles towed as a result of
a Police Department request . The proposed franchise fee is
detailed under Financial Impact. This fee is to be paid by
the tow companies, out of their profits, and will not be
passed on to the vehicle owner. This new franchise fee will
be in addition to the vehicle release fee that is already
charged.
2 . The City of San Bernardino presently charges a $50 per vehicle
administrative fee to owners of vehicles towed and/or
impounded at the request of the Police Department . This fee
is not charged to crime victims who have had their vehicle
stored/impounded or when the vehicle belongs to a public
agency. The fee is collected by the private tow companies who
contract with the City and forwarded monthly to the City.
The $50 fee enables the Police Department to recover the
actual costs associated in vehicle storage/impounds . The
vehicle owner pays this fee at the time he/she picks up the
vehicle . As part of the City' s reassessment of fees, the
Police Department is proposing to increase this fee from $50
to $70 to cover the increased costs incurred by the Police
Department . This $20 increase will conservatively generate an
additional $30, 000 in annual revenue . This information on the
$20 incease is provided only as background and is included in
the master fee increase resolution. Recommendations for
adoption of the $20 increase will not be made in this
document .
These recommendations were approved after legislative
cominittee review.
Financial Impact
1 . One (1) Account Clerk II position will be needed to assume
oversight for the tow fee program. This position will also
assist in the coordination of the annual alarm fee renewal
program. The annual salary and benefits costs for this
position in year one of the program will be $27, 100 .
75-0264
Financial Impact (Cont)
The adoption of the proposed franchise fees will generate $263 , 880
in annual revenue based on the volume of vehicles towed in 1997 .
The net financial impact is as follows :
Projected tow franchise fee revenue = 263, 880
(6, 597 total tows x $40/tow)
Less : Account Clerk II salary and benefits = <27,100>
Net Revenue: _ $236,800
Recommendations :
1 . The City of San Bernardino should adopt a tow franchise fee of
$40 for each vehicle towed as a result of a Police Department
request .
it
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO REPEALING RESOLUTION NO. 95-241 AND ESTABLISHING
3 STANDARD CRITERIA FOR COMPANIES TO PROVIDE TOW SERVICES FOR THE
CITY OF SAN BERNARDINO.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. Resolution No. 95-241 establishing standard criteria for companies to
7 provide tow services is hereby repealed.
8 SECTION 2. Companies providing tow services for the City of San Bernardino shall first
9 enter into an agreement with the City of San Bernardino granting a non-exclusive franchise which
lo agreement shall include, but shall not be limited, to the following terms and conditions:
11 1. Every towing carrier shall:
12 A. Have a minimum storage space for 200 vehicles with a minimum of twelve
13 inside spaces; outside storage lots must be adequately lighted.
14 B. Have an attendant on call twenty-four(24) hours a day, seven days a week
15 at place of business.
16 C. Have no more than two telephone numbers listed with any City 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 the
20 public streets at anytime; in no event shall the city be liable for any theft, vandalism or damage
21 occurring to any such vehicle or its 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.
26 G. Whenever a vehicle has been involved in an accident or a traffic violation.
27 and the owner or someone delegated by him is present and is capable of removing the vehicle from
28
1
Replacenent - Iten #31A
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 95-241 AND ESTABLISHING
2 STANDARD CRITERIA FOR COMPANIES TO PROVIDE TOW SERVICES FOR THE
CITY OF SAN BERNARDINO.
3
the street with reasonable dispatch, and the vehicle is not needed for criminal evidence, City and/or
4
towing carrier shall permit the owner or his delegate to remove the vehicle or call a towing company
5
of his or her own choice to remove the same; provided, however,that if the street cannot be cleared
6
for safe public use with reasonable dispatch by the above method, and in all situations other than
7
above set forth, a towing carrier from the top of the rotation list will be called by the City.
8
H. Furnish each owner with a fully itemized billing.
9
I. Immediately after each towing operation, make a towing slip with the
10
contents of each vehicle placed in his or her care itemized thereon as verified by the officer ordering
11
the same and make the slip available to the City on request.
12
J. Release no impounded vehicle without first having obtained a release from
13
the City to do so.
14
K. Agree to a rotation system established by the City.
15
L. Comply with all rules, regulations and laws of the State of California,
16
County of San Bernardino and City of San Bernardino.
17
M. Have adequate equipment to handle calls from the city, impounds and
18
storage of motor vehicles.
19
N. The carrier shall operate from a location within the City of San Bernardino,
20
and all of the facilities necessary to comply with the provisions of this resolution shall be located
21
within the City of San Bernardino.
22
O. Cam a broom,trash can and sand and shall clean and remove broken glass.
23
spilled oil, or gasoline from the area before departing, unless directed to not do so by police officers
24
and/or designated City employees at the scene.
25
P. Obtain and maintain public liability and property damage insurance in the
26
amount of$1 million, and naming the City of San Bernardino as an additional insured.
27
Q. Tow vehicles shall be rated at a minimum of 14000 GV W.
28
2 Replacement -. Item 1131A
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 95-241 AND ESTABLISHING
2 STANDARD CRITERIA FOR COMPANIES TO PROVIDE TOW SERVICES FOR THE
CITY OF SAN BERNARDINO.
3
4 2. The City shall establish a per call rotation system of qualified towing carriers who
have entered into agreements with the City for the performance of towing services in response to
5
6 calls from the City. All departments of the City shall comply with the rotation system.
3. Every towing carrier shall comply with and qualify under all the requirements set
7
forth in this resolution as a condition precedent to being eligible to be placed on the rotation list.
8
4. Each towing carrier shall give or cause to be given written notice to the registered
9
and legal owners of each vehicle which is towed in conformity with the authorization and
10
requirements of this resolution concerning the fact of such towing, the place at which such vehicle
11
is stored and the imposition of charges for towing, storage and related services whenever the towing
12
carrier knows or is able to ascertain from the registration records in the vehicle or from the
13
registration records of the Department of Motor Vehicles the name and address of the registered and
14
legal owners. The notice shall be given not more than ten (10) days from the date of the towing of
15
the vehicle by the towing carrier.
16
5. Every tow truck which is subject to the provisions of this resolution and which by
17
agreement responds to calls for service by the City, shall be clearly marked on both sides of the cab
18
with the name and telephone number of the towing carrier which operates the truck.
19
6. City shall enter into agreements with tow carriers not to exceed one company per
20
35,000 residents of the City.
21
7. Any agreement entered into pursuant to the terms of this resolution may be
22
terminated by the City upon thirty (30) days written notice providing the right to a pretermination
23
hearing before the Police Commission.
24
8. Monthly Tow Carvers shall submit a list of all vehicles towed the previous month,
25
including license plate number and VIN.
26
9. Tow Carriers shall charge for services on calls by the City in an amount not to
27
exceed ten dollars ($10) above the hourly rate set forth by the California Highway Patrol. The
28
3 Replacement - Item 1131A
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 95-241 AND ESTABLISHING
2 STANDARD CRITERIA FOR COMPANIES TO PROVIDE TOW SERVICES FOR THE
CITY OF SAN BERNARDINO.
3
minimum charge for services shall not exceed one (1) hour.
4
10. 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 order
6
to tow the disabled vehicle and in cleaning up the immediate surrounding area.
7
11. In the event that a towed vehicle is forfeited by the owner in accordance with
8
§14607.6 of the California Vehicle Code,the proceeds of the sale of the vehicle shall be distributed
9
pursuant to said section of said Code.
10
12. All towing carriers shall be subject to a vehicle towing administrative fee set by
11
resolution and a franchise fee set forth in said agreement.
12
13. All towing carriers shall also comply with the minimal standards set forth in the
13
California Highway Patrol tow service agreement as such agreement shall be amended from time
14
to time. Where provisions of this resolution and the CHP tow service agreement shall be found to
15
be in conflict, the provisions of this resolution shall prevail.
16
17
18
19
20
21
22
23
24
25
26
27
28
4 Replacement - Item 1131A
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO REPEALING RESOLUTION NO. 95-241 AND ESTABLISHING
2 STANDARD CRITERIA FOR COMPANIES TO PROVIDE TOW SERVICES FOR THE
CITY OF SAN BERNARDINO.
3
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a meeting
5
6 thereof, held on the day of 1998, by the following vote, to
wit:
7
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
8
ESTRADA
9
LIEN
10
ARIAS
11
SCHNETZ
12
DEVLIN
13
ANDERSON
14
MILLER
15
16
17 CITY CLERK
18
19 1998. The foregoing Resolution is hereby approved this day of
20
21
JUDITH VALLES, Mayor
22 City of San Bernardino
23
Approved as to form and
24 legal content:
25 JAMES F. PENMAN,
City Attorney
26
27
By:
28
5 Replacement - Item 1131A
1 RESOLUTION NO,
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAS
BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR TO\i
3 SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND CITY TOWING; BIG Z
TOWING, INC.; TRI-CITY TOWING, INC.: WILSON TOWING, LLC; LOMA LINDA
4 TOWING AND DANNY'S TOWING.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY Of
6 SAN BERNARDINO AS FOLLOWS:
7
8 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directec
to execute on behalf of said City an Agreement For Tow Services with City Towing; Big Z
9
10 Towing, Inc.; Tri-City Towing, Inc.; Wilson Towing, LLC; Loma Linda Towing and Danny's
Towing, copies of which are attached hereto marked Exhibits "A," "B," "C," "D," "E," and "F,"
I1
12 respectively, and incorporated herein by reference as fully as though set forth at length.
SECTION 2. The authorization to execute each above-referenced agreement is rescinded
13
14 if the parties to such agreement fail to execute it within thirty (30) days of the passage of thiE
resolution.
15
16
17
18
19
20
21
23
24
25
• 26
27
28
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY" OF SAN
• BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR TOW
2 SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND CITY TOWING; BIG Z
TOWING, INC.: TRI-CITY TOWING. INC.: WILSON TOWING. LLC; LOMA LINDA
3 TOWING AND DANNY'S TOWING.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting
6 thereof, held on the day of 1998, by the following vote, tc
7 wit:
8 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
9 ESTRADA
10 LIEN
11 ARIAS
12 SCHNETZ
13 DEVLIN
14 ANDERSON
15 MILLER
16
17 CITY CLERK
18
19 1998. The foregoing Resolution is hereby approved this day of
20
21
JUDITH VALLES. Mayor
22 City of San Bernardino
Approved as to fort[[ and
24 legal content:
25 JAMES F. PENMAN,
City Attorney
27
By:
28 �,
1 AGREEMENT FOR TOW SERVICES
2 THIS AGREEMENT FOR TOW SERVICES entered into this day
3 of of 1998, by and between the City of San
4 Bernardino ( "City" ) and City Towing ( "Towing Carrier" ) .
5 The parties hereto agree as follows :
6 1 . Towing Carrier hereby agrees to provide tow services to
7 the City of San Bernardino pursuant to the terms and conditions
8 contained in this Agreement .
9 2 . Towing Carrier shall :
10 A. Have a minimum storage space for 200 vehicles with
11 a minimum of twelve inside spaces; outside storage lots must be
12 adequately lighted.
13 B . Have an attendant on call twenty-four (24) hours
14 a day, seven days a week at place of business .
15 C. Have no more than two telephone numbers listed
16 with any City department .
17 D. Store towed vehicles in a safe and protected space
18 where the vehicles and their contents will not be accessible to
19 thieves nor be damaged by activity in the carrier establishment or
20 from the elements or by vandals; no vehicles shall be left parked
21 or stored on the public streets at anytime; in no event shall the
22 city be liable for any theft, vandalism or damage occurring to any
23 such vehicle or is contents .
24 E . Post a tag on the windshield on all cars ordered
25 impounded by a City department .
26 F . Collect all towing or hauling and storage charges
27 on each vehicle from the owner; in no event shall the city be
28 liable for any such charge .
1
Replacement Exhibit "A" - Item #31B
r
i
1 G. Whenever a vehicle has been involved in an
2 accident or a traffic violation, and the owner or someone
3 delegated by him is present and is capable of removing the vehicle
4 from the street with reasonable dispatch, and the vehicle is not
5 needed for criminal evidence, City and/or towing carrier shall
6 permit the owner or his delegate to remove the vehicle or call a
7 towing company of his or her own choice to remove the same';
8 provided, however, that if the street cannot be cleared for safe
9 public use with reasonable dispatch by the above method, and in
10 all situations other than above set forth, a towing carrier from
11 the top of the rotation list will be called by the City. .
12 H. Furnish each owner with a fully itemized billing.
13 I . Immediately after each towing operation, make a
14 towing slip with the contents of each vehicle placed in his or her
15 care itemized thereon as verified by the officer ordering the same
16 and make the slip available to the City on request .
17 J. Release no impounded vehicle without first having
18 obtained a release from the City to do so.
19 K. Agree to a rotation system established by the
20 City.
21 L . Comply with all rules, regulations and laws of the
22 State of California, County of San Bernardino and City.
23 M. Have adequate equipment to handle calls from the
24 city, impounds and storage of motor vehicles .
25 N. The carrier shall operate from a location within
26 the City of San Bernardino, and all of the facilities necessary
27 for said operation shall be located within the City of San
28 Bernardino .
2
1 O. Carry a broom, trash can and sand and shall clean
2 and remove broken glass, spilled oil, or gasoline from the area
3 before departing, unless directed to not do so by police officers
4 and/or designated City employees at the scene .
5 P. Obtain and maintain public liability and property
6 damage insurance in the amount of $1 million, and naming the City
7 of San Bernardino as an additional insured. The carrier shall
8 provide a Certificate of Insurance, naming the . City as an
9 additional insured annually at a date to be determined by the
10 City' s Risk Management Coordinator.
11, Q. Tow vehicles shall be rated at a minimum of 14000
12 GVW.
13 3 . Towing Carrier shall give or cause to be given written
14 notice to the registered and legal owners of each vehicle which is
15 towed in conformity with the authorization and requirements of
16 this Agreement concerning the fact of such towing, the place at
17 which such vehicle is stored and the imposition of charges for
18 towing, storage and related services whenever the towing carrier
19 knows or is able to ascertain from the registration records in the
20 vehicle or from the registration records of the Department of
21 Motor Vehicles the name and address of the registered and legal
22 owners . The notice shall be given not more than ten (10) days
23 from the date of the towing of the vehicle by the towing carrier.
24 4 . Every tow truck of towing carrier which is subject to
25 the provisions of this Agreement and which by virtue of this
26 Agreement responds to calls for service by the City, shall be
27 clearly marked on both sides of the cab with the name and
28 telephone number of towing carrier .
3
1 5 . This Agreement may be terminated by either party for
2 any reason upon the giving of thirty (30) days written notice .
3 Should City issue such termination notice, Towing Carrier will be
4 afforded a pretermination hearing before the Police Commission if
5 so requested.
6 6 . Towing Carrier shall be dispatched to tow calls on a
7 per call rotation basis in conjunction with other towing carriers
8 which have entered into agreements with the City. .
9 7 . Monthly, Towing Carrier shall submit to the City a list
10 of all vehicles towed the previous month, including license plate
11 number and VIN.
12 8 . Towing Carrier shall charge for services on calls by
13 the City, in an amount not to exceed ten dollars ($10) above the
14 hourly rate set forth by the California Highway Patrol . The
15 minimum charge for services shall not exceed one (1) hour.
16 9 . Standby time for tow trucks will begin one (1) hour
17 after receipt of calls from the City and is defined to mean the
18 time consumed after the first hour in necessary preparations in
19 order to tow the disabled vehicle and in cleaning up the immediate
20 surrounding area .
21 10 . In the event that a towed vehicle is forfeited by the
22 owner in accordance with §14607 of the California Vehicle Code,
23 the proceeds of the sale of the vehicle shall be distributed
24 pursuant to §14607 . 6 of said Code .
25 11 . Upon reasonable advance written notice, City shall have
26 the right to review and audit the books of towing carrier at
27 towing carrier ' s place of business and during business hours .
28 12 . The parties understand and agree that this Agreement
4
,
1 grants Towing Carrier a non-exclusive franchise .
2 13 . Towing Carrier shall charge and remit to City on a
3 monthly basis a vehicle towing administrative fee per such vehicle
4 towed which shall be set by resolution by the Mayor and Common
5 Council . Such fee shall not be charged for those individuals who
6 have had their vehicles towed, stored or impounded as a result of
7 being a victim of a crime (car theft, etc) or those vehicles
8 belonging to any public agency.
9 14 . Towing carrier shall be charged and remit to City on a
10 monthly basis a $40 . 00 per vehicle towed franchise fee . Such
11 vehicle towed franchise fee shall be paid by towing carrier, out
12 of its profits , and shall not be passed on to the vehicle owner.
13 Such vehicle towed franchise fee shall not be charged by nor
14 remitted to the City on any such towed vehicle when there is
15 issued on such vehicle by the City of San Bernardino Police
16 Department a Public Agency Authorization To Dispose Of A Vehicle
17 To A Scrap Iron Processor Or Dismantler, REG 462 (REV. 2/92) ,
18 pursuant to California Vehicle Code §22851 . 2 or 22851 . 3 .
19 15 . Towing Carrier shall also comply with the minimal
20 standards set forth in the California Highway Patrol tow service
21 agreement as such agreement shall be amended from time to time .
22 Where provisions of this Agreement and the CHP tow service
23 agreement shall be found to be in conflict, the provisions of this
24 Agreement shall prevail .
25 16 . Towing carrier shall also comply with all provisions of
26 the Resolution of the Mayor and Common Council of the City of San
27 Bernardino Establishing Standard Criteria for Companies to Provide
28 Tow Services for the City of San Bernardino as said resolution
5
i
I
1 exists and/or as said resolution may be amended from time to time.
2 17 . This Agreement represents the entire Agreement between
3 the City and the Towing Carrier and fully supersedes any and all
4 previous Agreements entered into by and between the City of San
5 Bernardino and City Towing.
6 18 . Any notice to be given pursuant to this Agreement by
7 either party to the other shall be deposited with the United
8 States Postal Service, postage prepaid, and addressed as follows :
9 To the City: City Administrator
300 North "D" Street
10 San Bernardino, CA 92418
11 To Towing Carrier: City Towing
530 W. 10th Street '
12 San Bernardino, CA
13 Nothing in this paragraph shall be construed to prevent the
14 giving of notice by personal
15 service .
16 IN WITNESS WHEREOF, the parties hereto have executed this
17 Agreement on the day and date first above shown.
18 CITY OF SAN BERNARDINO
19
By:
20 Mayor Judith Valles
Attest :
21
CITY TOWING
22 "Towing Carrier"
By:
23
24 By:
25 Approved as to Form
and Legal Content :
26
JAMES F .JPENMAN 1
27 City A rney
o /
28 By:
6
1 AGREEMENT FOR TOW SERVICES
2 THIS AGREEMENT FOR TOW SERVICES entered into this day
3 of of 1998, by and between the City of San
4 Bernardino ( "City" ) and Big Z Towing, Inc. ( "Towing Carrier")
5 The parties hereto agree as follows:
6 1 . 'Towing Carrier hereby agrees to provide tow services to
7 the City of San Bernardino pursuant to the terms and conditions
8 contained in this Agreement .
9 2 . Towing Carrier shall :
10 A. Have a minimum storage space for 200 vehicles with
11 a minimum of twelve inside spaces; outside storage lots must be
12 adequately lighted.
13 B . Have an attendant on call twenty-four (24) hours
14 a day, seven days a week at place of business .
15 C. Have no more than two telephone numbers listed
16 with any City department .
17 D. Store towed vehicles in a safe and protected space
18 where the vehicles and their contents will not be accessible to
19 thieves nor be damaged by activity in the carrier establishment or
20 from the elements or by vandals; no vehicles shall be left parked
21 or stored on the public streets at anytime; in no event shall the
22 city be liable for any theft, vandalism or damage occurring to any
23 such vehicle or is contents .
24 E . Post a tag on the windshield on all cars ordered
25 impounded by a City department .
26 F. Collect all towing or hauling and storage charges
27 on each vehicle from the owner; in no event shall the city be
28 liable for any such charge .
1
Replacement Exhibit "B" - Item #31B
w
1 G. Whenever a vehicle has been involved in an
2 accident or a traffic violation, and the owner or someone
3 delegated by him is present and is capable of removing the vehicle
4 from the street with reasonable dispatch, and the vehicle is not
5 needed for criminal evidence, City and/or towing carrier shall
6 permit the owner or his delegate to remove the vehicle or call a
7 towing company of his or her own choice to remove the same;
8 provided, however, that if the street cannot be cleared for safe
9 public use with reasonable dispatch by the above method, and in
10 all situations other than above set forth, a towing carrier from
11 the top of the rotation list will be called by the City.
12 H. Furnish each owner with a fully itemized billing.
13 I . Immediately after each towing operation, make a
14 towing slip with the contents of each vehicle placed in his or her
15 care itemized thereon as verified by the officer ordering the same
16 and make the slip available to the City on request .
17 J. Release no impounded vehicle without first having
18 obtained a release from the City to do so .
19 K. Agree to a rotation system established by the
20 City.
21 L . Comply with all rules, regulations and laws of the
22 State of California, County of San Bernardino and City.
23 M. Have adequate equipment to handle calls from the
24 city, impounds and storage of motor vehicles .
25 N. The carrier shall operate from a location within
26 the City of San Bernardino, and all of the facilities necessary
27 for said operation shall be located within the City of San
28 Bernardino .
2
1 O. Carry a broom, trash can and sand and shall clean
2 and remove broken glass, spilled oil , or gasoline from the area
3 before departing, unless directed to not do so by police officers
4 and/or designated City employees at the scene .
5 P. Obtain and maintain public liability and property
6 damage insurance in the amount of $1 million, and naming the City
7 of San Bernardino as an additional insured. The carrier shall
8 provide a Certificate of Insurance, naming the . City as an
9 additional insured annually at a date to be determined by the
10 City' s Risk Management Coordinator.
11 Q. Tow vehicles shall be rated at a minimum of 14000
12 GVW.
13 3 . Towing Carrier shall give or cause to be given written
14 notice to the registered and legal owners of each vehicle which is
15 towed in conformity with the authorization and requirements of
16 this Agreement concerning the fact of such towing, the place at
17 which such vehicle is stored and the imposition of charges for
18 towing, storage and related services whenever the towing carrier
19 knows or is able to ascertain from the registration records in the
20 vehicle or from the registration records of the Department of
21 Motor Vehicles the name and address of the registered and legal
22 owners . The notice shall be given not more than ten (10) days
23 from the date of the towing of the vehicle by the towing carrier .
24 4 . Every tow truck of towing carrier which is subject to
25 the provisions of this Agreement and which by virtue of this
26 Agreement responds to calls for service by the City, shall be
27 clearly marked on both sides of the cab with the name and
28 telephone number of towing carrier .
3
1 5 . This Agreement may be terminated by either party for
2 any reason upon the giving of thirty (30) days written notice.
3 Should City issue such termination notice, Towing Carrier will be
4 afforded a pretermination hearing before the Police Commission if
5 so requested.
6 6 . Towing Carrier shall be dispatched to tow calls on a
7 per call rotation basis in conjunction with other towing carriers
8 which have entered into agreements with the City. .
9 7 . Monthly, Towing Carrier shall submit to the City a list
10 of all vehicles towed the previous month, including license plate
11 number and VIN.
12 8 . Towing Carrier shall charge for services on calls by
13 the City, in an amount not to exceed ten dollars ($10) above the
14 hourly rate set forth by the California Highway Patrol . The
15 minimum charge for services shall not exceed one (1) hour.
16 9 . Standby time for tow trucks will begin one (1) hour
17 after receipt of calls from the City and is defined to mean the
18 time consumed after the first hour in necessary preparations in
19 order to tow the disabled vehicle and in cleaning up the immediate
20 surrounding area .
21 10 . In the event that a towed vehicle is forfeited by the
22 owner in accordance with §14607 of the California Vehicle Code,
23 the proceeds of the sale of the vehicle shall be distributed
24 pursuant to §14607 . 6 of said Code .
25 11 . Upon reasonable advance written notice, City shall have
26 the right to review and audit the books of towing carrier at
27 towing carrier ' s place of business and during business hours .
28 12 . The parties understand and agree that this Agreement
4
1 grants Towing Carrier a non-exclusive franchise .
2 13 . Towing Carrier shall charge and remit to City on a
3 monthly basis a vehicle towing administrative fee per such vehicle
4 towed which shall be set by resolution by the Mayor and Common
5 Council . Such fee shall not be charged for those individuals who
6 have had their vehicles towed, stored or impounded as a result of
7 being a victim of a crime (car theft, etc) or those vehicles
8 belonging to any public agency.
9 14 . Towing carrier shall be charged and remit to City on a
10 monthly basis a $40 . 00 per vehicle towed franchise fee . Such
11 vehicle towed franchise fee shall be paid by towing carrier, out
12 of its profits, and shall not be passed on to the vehicle owner.
13 Such vehicle towed franchise fee shall not be charged by nor
14 remitted to the City on any such towed vehicle when there is
15 issued on such vehicle by the City of San Bernardino Police
16 Department a Public Agency Authorization To Dispose Of A Vehicle
17 To A Scrap Iron Processor Or Dismantler, REG 462 (REV. 2/92) ,
18 pursuant to California Vehicle Code §22851 . 2 or 22851 . 3 .
19 15 . Towing Carrier shall also comply with the minimal
20 standards set forth in the California Highway Patrol tow service
21 agreement as such agreement shall be amended from time to time .
22 Where provisions of this Agreement and the CHP tow service
23 agreement shall be found to be in conflict, the provisions of this
24 Agreement shall prevail .
25 16 . Towing carrier shall also comply with all provisions of
26 the Resolution of the Mayor and Common Council of the City of San
27 Bernardino Establishing Standard Criteria for Companies to Provide
28 Tow Services for the City of San Bernardino as said resolution
5
1 exists and/or as said resolution may be amended from time to time .
2 17 . This Agreement represents the entire Agreement between
3 the City and the Towing Carrier and fully supersedes any and all
4 previous Agreements entered into by and between the City of San
5 Bernardino and Big Z Towing, Inc .
6 18 . Any notice to be given pursuant to this Agreement by
7 either party to the other shall be deposited with the United
8 States Postal Service, postage prepaid, and addressed as follows :
9 To the City: City Administrator
300 North "D" Street
10 San Bernardino, CA 92418
11 To Towing Carrier: Big Z Towing, Inc .
274 N. " I" Street
12 San Bernardino, CA
13 Nothing in this paragraph shall be construed to prevent the
14 giving of notice by personal
15 service .
16 IN WITNESS WHEREOF, the parties hereto have executed this
17 Agreement on the day and date first above shown.
18 CITY OF SAN BERNARDINO
19
By:
20 Mayor Judith Valles
Attest :
21
BIG Z TOWING
22 "Towing Carrier"
By:
23
24. By:
25 Approved as to Form
and Legal Content :
26
JAMES PENMAN,
27 City orne
28 By:
6
I AGREEMENT FOR TOW SERVICES
2 THIS AGREEMENT FOR TOW SERVICES entered into this day
3 of of 1998, by and between the City of San
4 Bernardino ( "City" ) and Tri-City Towing, Inc . ( "Towing Carrier" ) .
5 The parties hereto agree as- follows :
6 1 . Towing Carrier hereby agrees to provide tow services to
7 the City of San Bernardino pursuant to the terms and conditions
8 contained in this Agreement .
9 2 . Towing Carrier shall :
10 A. Have a minimum storage space for 200 vehicles with
11 a minimum of twelve inside spaces; outside storage lots must be
12 adequately lighted.
13 B . Have an attendant on call twenty-four (24) hours
14 a day, seven days a week at place of business .
15 C. Have no more than two telephone numbers listed
16 with any City department .
17 D. Store towed vehicles in a safe and protected space
18 where the vehicles and their contents will not be accessible to
19 thieves nor be damaged by activity in the carrier establishment or
20 from the elements or by vandals; no vehicles shall be left parked
21 or stored on the public streets at anytime; in no event shall the
22 city be liable for any theft, vandalism or damage occurring to any
23 such vehicle or is contents .
24 E . Post a tag on the windshield on all cars ordered
25 impounded by a City department .
26 F . Collect all towing or hauling and storage charges
27 on each vehicle from the owner; in no event shall the city be
28 liable for any such charge .
1
Replacement Exhibit "C" - Item #31B
1 G. Whenever a vehicle has been involved in an
2 accident or a traffic violation, and the owner or someone
3 delegated by him is present and is capable of removing the vehicle
4 from the street with reasonable dispatch, and the vehicle is not
5 needed for criminal evidence, City and/or towing carrier shall
6 permit the owner or his delegate to remove the vehicle or call a
7 towing company of his or her own choice to remove the same;
8 provided, however, that if the street cannot be cleared for safe
9 public use with reasonable dispatch by the above method, and in
10 all situations other than above set forth, a towing carrier from
11 the top of the rotation list will be called by the City.
12 H . Furnish each owner with a fully itemized billing.
13 I . Immediately after each towing operation, make a
14 towing slip with the contents of each vehicle placed in his or her
15 care itemized thereon as verified by the officer ordering the same
16 and make the slip available to the City on request .
17 J. Release no impounded vehicle without first having
18 obtained a release from the City to do so .
19 K. Agree to a rotation system established by the
20 City.
21 L. Comply with all rules, regulations and laws of the
22 State of California, County of San Bernardino and City.
23 M . Have adequate equipment to handle calls from the
24 city, impounds and storage of motor vehicles .
25 N. The carrier shall operate from a location within
26 the City of San Bernardino, and all of the facilities necessary
27 for said operation shall be located within the City of San
28 Bernardino.
2
1 O. Carry a broom, trash can and sand and shall clean
2 and remove broken glass, spilled oil, or gasoline from the area
3 before departing, unless directed to not do so by police officers
4 and/or designated City employees at the scene .
5 P. Obtain and maintain public liability and property
6 damage insurance in the amount of $1 million, and naming the City
7 of San Bernardino as an additional insured. The carrier shall
8 provide a Certificate of Insurance, naming the City as an
9 additional insured annually at a date to be determined by the
10 City' s Risk Management Coordinator.
11 Q. Tow vehicles shall be rated at a minimum of 14000
12 GVW.
13 3 . Towing Carrier shall give or cause to be given written
14 notice to the registered and legal owners of each vehicle which is
15 towed in conformity with the authorization and requirements of
16 this Agreement concerning the fact of such towing, the place at
17 which such vehicle is stored and the imposition of charges for
18 towing, storage and related services whenever the towing carrier
19 knows or is able to ascertain from the registration records in the
20 vehicle or from the registration records of the Department of
21 Motor Vehicles the name and address of the registered and legal
22 owners . The notice shall be given not more than ten (10) days
23 from the date of the towing of the vehicle by the towing carrier .
24 4 . Every tow truck of towing carrier which is subject to
25 the provisions of this Agreement and which by virtue of this
26 Agreement responds to calls for service by the City, shall be
27 clearly marked on both sides of the cab with the name and
28 telephone number of towing carrier.
3
1 5 . This Agreement may be terminated by either party for
2 any reason upon the giving of thirty (30) days written notice .
3 Should City issue such termination notice, Towing Carrier will be
4 afforded a pretermination hearing before the Police Commission if
5 so requested.
6 6 . Towing Carrier shall be dispatched to tow calls on a
7 per call rotation basis in conjunction with other towing carriers
8 which have entered into agreements with the City.
9 7 . Monthly, Towing Carrier shall submit to the City a list
10 of all vehicles towed the previous month, including license plate
11 number and VIN.
12 8 . Towing Carrier shall charge for services on calls by
13 the City, in an amount not to exceed ten dollars ($10) above the
14 hourly rate set forth by the California Highway Patrol . The
15 minimum charge for services shall not exceed one (1) hour.
16 9 . Standby time for tow trucks will begin one (1) hour
17 after receipt of calls from the City and is defined to mean the
18 time consumed after the first hour in necessary preparations in
19 order to tow the disabled vehicle and in cleaning up the immediate
20 surrounding area.
21 10 . In the event that a towed vehicle is forfeited by the
22 owner in accordance with §14607 of the California Vehicle Code,
23 the proceeds of the sale of the vehicle shall be distributed
24 pursuant to §14607 . 6 of said Code .
25 11 . Upon reasonable advance written notice, City shall have
26 the right to review and audit the books of towing carrier at
27 towing carrier ' s place of business and during business hours .
28 12 . The parties understand and agree that this Agreement
4
1 grants Towing Carrier a non-exclusive franchise .
2 13 . Towing Carrier shall charge and remit to City on a
3 monthly basis a vehicle towing administrative fee per such vehicle
4 towed which shall be set by resolution by the Mayor and Common
5 Council . Such fee shall not be charged for those individuals who
6 have had their vehicles towed, stored or impounded as a result of
7 being a victim of a crime (car theft , etc) or those vehicles
8 belonging to any public agency.
9 14 . Towing carrier shall be charged and remit to City on a
10 monthly basis a $40 . 00 per vehicle towed franchise fee . Such
11 vehicle towed franchise fee shall be paid by towing carrier, out
12 of its profits, and shall not be passed on to the vehicle owner.
13 Such vehicle towed franchise fee shall not be charged by nor
14 remitted to the City on any such towed vehicle when there is
15 issued on such vehicle by the City of San Bernardino Police
16 Department a Public Agency Authorization To Dispose Of A Vehicle
17 To A Scrap Iron Processor Or Dismantler, REG 462 (REV. 2/92) ,
18 pursuant to California Vehicle Code §22851 . 2 or 22851 . 3 .
19 15 . Towing Carrier shall also comply with the minimal
20 standards set forth in the California Highway Patrol tow service
21 agreement as such agreement shall be amended from time to time .
22 Where provisions of this Agreement and the CHP tow service
23 agreement shall be found to be in conflict, the provisions of this
24 Agreement shall prevail .
25 16 . Towing carrier shall also comply with all provisions of
26 the Resolution of the Mayor and Common Council of the City of San
27 Bernardino Establishing Standard Criteria for Companies to Provide
28 Tow Services for the City of San Bernardino as said resolution
5
1 exists and/or as said resolution may be amended from time to time .
2 17 . This Agreement represents the entire Agreement between
3 the City and the Towing Carrier and fully supersedes any and all
4 previous Agreements entered into by and between the City of San
5 Bernardino and Tri-City Towing, Inc .
6 18 . Any notice to be given pursuant to this Agreement by
7 either party to the other shall be deposited with the United
8 States Postal Service, postage prepaid, and addressed as follows :
9 To the City: City Administrator
300 North "D1' Street
10 San Bernardino, CA 92418
11 To Towing Carrier: Tri-City Towing, Inc .
1661 W. Walnut
12 San Bernardino, CA
13 Nothing in this paragraph shall be construed to prevent the
14 giving of notice by personal
15 service .
16 IN WITNESS WHEREOF, the parties hereto have executed this
17 Agreement on the day and date first above shown.
18 CITY OF SAN BERNARDINO
19
By:
20 Mayor Judith Valles
Attest :
21
TRI-CITY TOWING, INC.
22 "Towing Carrier"
By:
23
24 By:
25 Approved as to Form
and Legal Content :
26
JAMES F PENMAN,
27 City t orney
28 By:
6
V
w
1 AGREEMENT FOR TOW SERVICES
2 THIS AGREEMENT FOR TOW SERVICES entered into this day
3 of of 1998 , by and between the City of San
4 Bernardino ( "City" ) and Wilson Towing, LLC ( "Towing Carrier" ) .
5 The parties hereto agree as follows :
6 1 . Towing Carrier hereby agrees to provide tow services to
7 the City of San Bernardino pursuant to the terms and conditions
8 contained in this Agreement .
9 2 . Towing Carrier shall :
10 A. Have a minimum storage space for 200 vehicles with
11 a minimum of twelve inside spaces; outside storage lots must be
12 adequately lighted.
13 B. Have an attendant on call twenty-four (24) hours
14 a day, seven days a week at place of business .
15 C. Have no more than two telephone numbers listed
16 with any City department .
17 D. Store towed vehicles in a safe and protected space
18 where the vehicles and their contents will not be accessible to
19 thieves nor be damaged by activity in the carrier establishment or
20 from the elements or by vandals; no vehicles shall be left parked
21 or stored on the public streets at anytime; in no event shall the
22 city be liable for any theft, vandalism or damage occurring to any
23 such vehicle or is contents .
24 E . Post a tag on the windshield on all cars ordered
25 impounded by a City department .
26 F . Collect all towing or hauling and storage charges
27 on each vehicle from the owner; in no event shall the city be
28 liable for any such charge .
1
Replacement Exhibit "D" - Item #31B
1 G. Whenever a vehicle has been involved in an
2 accident or a traffic violation, and the owner or someone
3 delegated by him is present and is capable of removing the vehicle
4 from the street with reasonable dispatch, and the vehicle is not
5 needed for criminal evidence, City and/or towing carrier shall
6 permit the owner or his delegate to remove the vehicle or call a
7 towing company of his or her own choice to remove the same;
8 provided, however, that if the street cannot be cleared for safe
9 public use with reasonable dispatch by the above method, and in
10 all situations other than above set forth, a towing carrier from
11 the top of the rotation list will be called by the City.
12 H. Furnish each owner with a fully itemized billing.
13 I . Immediately after each towing operation, make a
14 towing slip with the contents of each vehicle placed in his or her
15 care itemized thereon as verified by the officer ordering the same
16 and make the slip available to the City on request .
17 J. Release no impounded vehicle without first having
18 obtained a release from the City to do so.
19 K. Agree to a rotation system established by the
20 City.
21 L . Comply with all rules, regulations and laws of the
22 State of California, County of San Bernardino and City.
23 M. Have adequate equipment to handle calls from the
24 city, impounds and storage of motor vehicles .
25 N. The carrier shall operate from a location within
26 the City of San Bernardino, and all of the facilities necessary
27 for said operation shall be located within the City of San
28 Bernardino.
2
1 O. Carry a broom, trash can and sand and shall clean
2 and remove broken glass, spilled oil, or gasoline from the area
3 before departing, unless directed to not do so by police officers
4 and/or designated City employees at the scene .
5 P. Obtain and maintain public liability and property
6 damage insurance in the amount of $1 million, and naming the City
7 of San Bernardino as an additional insured. The carrier shall
8 provide a Certificate of Insurance, naming the City as an
9 additional insured annually at a date to be determined by the
10 City' s Risk Management Coordinator.
11 Q. Tow vehicles shall be rated at a minimum of 14000
12 GVW.
13 3 . Towing Carrier shall give or cause to be given written
14 notice to the registered and legal owners of each vehicle which is
15 towed in conformity with the authorization and requirements of
16 this Agreement concerning the fact of such towing, the place at
17 which such vehicle is stored and the imposition of charges for
18 towing, storage and related services whenever the towing carrier
19 knows or is able to ascertain from the registration records in the
20 vehicle or from the registration records of the Department of
21 Motor Vehicles the name and address of the registered and legal
22 owners . The notice shall be given not more than ten (10) days
23 from the date of the towing of the vehicle by the towing carrier.
24 4 . Every tow truck of towing carrier which is subject to
25 the provisions of this Agreement and which by virtue of this
26 Agreement responds to calls for service by the City, shall be
27 clearly marked on both sides of the cab with the name and
28 telephone number of towing carrier.
3
1 5 . This Agreement may be terminated by either party for
2 any reason upon the giving of thirty (30) days written notice .
3 Should City issue such termination notice, Towing Carrier will be
4 afforded a pretermination hearing before the Police Commission if
5 so requested.
6 6 . Towing Carrier shall be dispatched to tow calls on a
7 per call rotation basis in conjunction with other towing carriers
8 which have entered into agreements with the City.
9 7 . Monthly, Towing Carrier shall submit to the City a list
10 of all vehicles towed the previous month, including license plate
11 number and VIN.
12 8 . Towing Carrier shall charge for services on calls by
13 the City, in an amount not to exceed ten dollars ($10) above the
14 hourly rate set forth by the California Highway Patrol . The
15 minimum charge for services shall not exceed one (1) hour.
16 9 . Standby time for tow trucks will begin one (1) hour
17 after receipt of calls from the City and is defined to mean the
18 time consumed after the first hour in necessary preparations in
19 order to tow the disabled vehicle and in cleaning up the immediate
20 surrounding area.
21 10 . In the event that a towed vehicle is forfeited by the
22 owner in accordance with §14607 of the California Vehicle Code,
23 the proceeds of the sale of the vehicle shall be distributed
24 pursuant to §14607 . 6 of said Code .
25 11 . Upon reasonable advance written notice, City shall have
26 the right to review and audit the books of towing carrier at
27 towing carrier ' s place of business and during business hours .
28 12 . The parties understand and agree that this Agreement
4
I grants Towing Carrier a non-exclusive franchise .
2 13 . Towing Carrier shall charge and remit to City on a
3 monthly basis a vehicle towing administrative fee per such vehicle
4 towed which shall be set by resolution by the Mayor and Common
5 Council . Such fee shall not be charged for those individuals who
6 have had their vehicles towed, stored or impounded as a result of
7 being a victim of a crime (car theft, etc) or those vehicles
8 belonging to any public agency.
9 14 . Towing carrier shall be charged and remit to City on a
10 monthly basis a $40 . 00 per vehicle towed franchise fee . Such
11 vehicle towed franchise fee shall be paid by towing carrier, out
12 of its profits, and shall not be passed on to the vehicle owner.
13 Such vehicle towed franchise fee shall not be charged by nor
14 remitted to the City on any such towed vehicle when there is
15 issued on such vehicle by the City of San Bernardino Police
16 Department a Public Agency Authorization To Dispose Of A Vehicle
17 To A Scrap Iron Processor Or Dismantler, REG 462 (REV. 2/92) ,
18 pursuant to California Vehicle Code 922851 . 2 or 22851 . 3 .
19 15 . Towing Carrier shall also comply with the minimal
20 standards set forth in the California Highway Patrol tow service
21 agreement as such agreement shall be amended from time to time .
22 Where provisions of this Agreement and the CHP tow service
23 agreement shall be found to be in conflict, the provisions of this
24 Agreement shall prevail .
25 16 . Towing carrier shall also comply with all provisions of
26 the Resolution of the Mayor and Common Council of the City of San
27 Bernardino Establishing Standard Criteria for Companies to Provide
28 Tow Services for the City of San Bernardino as said resolution
5
1 exists and/or as said resolution may be amended from time to time .
2 17 . This Agreement represents the entire Agreement between
3 the City and the Towing Carrier and fully supersedes any and all
4 previous Agreements entered into by and between the City of San
5 Bernardino and Wilson Towing, LLC.
6 18 . Any notice to be given pursuant to this Agreement by
7 either party to the other shall be deposited with the United
8 States Postal Service, postage prepaid, and addressed as follows :
9 To the City: City Administrator
300 North IUD" Street
10 San Bernardino, CA 92418
11 To Towing Carrier: Wilson Towing, LLC
2310 E. 3rd Street
12 San Bernardino, CA
13 Nothing in this paragraph shall be construed to prevent the
14 giving of notice by personal
15 service .
16 IN WITNESS WHEREOF, the parties hereto have executed this
17 Agreement on the day and date first above shown.
18 CITY OF SAN BERNARDINO
19
By:
20 Mayor Judith Valles
Attest :
21
WILSON TOWING, LLC
22 "Towing Carrier"
By:
23
24 By:
25 Approved as to Form
and Legal Content :
26
JAMES $ PENMAN,
27 City ne j
28 By:
6
1 AGREEMENT FOR TOW SERVICES
2 THIS AGREEMENT FOR TOW SERVICES entered into this day
3 of of 1998 , by and between the City of San
4 Bernardino ( "City" ) and Loma Linda Towing ( "Towing Carrier" ) .
5 The parties hereto agree as follows :
6 1 . Towing Carrier hereby agrees to provide tow services to
7 the City of San Bernardino pursuant to the terms and conditions
8 contained in this Agreement .
9 2 . Towing Carrier shall :
10 A. Have a minimum storage space for 200 vehicles with
11 a minimum of twelve inside spaces; outside storage lots must be
12 adequately lighted.
13 B . Have an attendant on call twenty-four (24) hours
14 a day, seven days a week at place of business .
15 C. Have no more than two telephone numbers listed
16 with any City department .
17 D. Store towed vehicles in a safe and protected space
18 where the vehicles and their contents will not be accessible to
19 thieves nor be damaged by activity in the carrier establishment or
20 from the elements or by vandals; no vehicles shall be left parked
21 or stored on the public streets at anytime; in no event shall the
22 city be liable for any theft, vandalism or damage occurring to any
23 such vehicle or is contents .
24 E . Post a tag on the windshield on all cars ordered
25 impounded by a City department .
26 F. Collect all towing or hauling and storage charges
27 on each vehicle from the owner; in no event shall the city be
28 liable for any such charge .
1
Replacement Exhibit "E" - Item #31B
1 G. Whenever a vehicle has been involved in an
2 accident or a traffic violation, and the owner or someone
3 delegated by him is present and is capable of removing the vehicle
4 from the street with reasonable dispatch, and the vehicle is not
5 needed for criminal evidence, City and/or towing carrier shall
6 permit the owner or his delegate to remove the vehicle or call a
7 towing company of his or her own choice to remove the same;
8 provided, however, that if the street cannot be cleared for safe
9 public use with reasonable dispatch by the above method, and in
10 all situations other than above set forth, a towing carrier from
11 the top of the rotation list will be called by the City.
12 H. Furnish each owner with a fully itemized billing.
13 I . Immediately after each towing operation, make a
14 towing slip with the contents of each vehicle placed in his or her
15 care itemized thereon as verified by the officer ordering the same
16 and make the slip available to the City on request .
17 J. Release no impounded vehicle without first having
18 obtained a release from the City to do so .
19 K. Agree to a rotation system established by the
20 City.
21 L. Comply with all rules, regulations and laws of the
22 State of California, County of San .Bernardino and City.
23 M. Have adequate equipment to handle calls from the
24 city, impounds and storage of motor-vehicles .
25 N. The carrier shall operate from a location within
26 the City of San Bernardino, and all of the facilities necessary
27 for said operation shall be located within the City of San
28 Bernardino .
2
1 O. Carry a broom, trash can and sand and shall clean
2 and remove broken glass, spilled oil , or gasoline from the area
3 before departing, unless directed to not do so by police officers
4 and/or designated City employees at the scene .
5 P. Obtain and maintain public liability and property
6 damage insurance in the amount of $1 million, and naming the City
7 of San Bernardino as an additional insured. The carrier shall
8 provide a Certificate of Insurance, naming the . City as an
9 additional insured annually at a date to be determined by the
10 City' s Risk Management Coordinator.
11 Q. Tow vehicles shall be rated at a minimum of 14000
12 GVW.
13 3 . Towing Carrier shall give or cause to be given written
14 notice to the registered and legal owners of each vehicle which is
15 towed in conformity with the authorization and requirements of
16 this Agreement concerning the fact of such towing, the place at
17 which such vehicle is stored and the imposition of charges for
18 towing, storage and related services whenever the towing carrier
19 knows or is able to ascertain from the registration records in the
20 vehicle or from the registration records of the Department of
21 Motor Vehicles the name and address of the registered and legal
22 owners . The notice shall be given not more than ten (10) days
23 from the date of the towing of the vehicle by the towing carrier.
24 4 . Every tow truck of towing carrier which is subject to
25 the provisions of this Agreement and which by virtue of this
26 Agreement responds to calls for service by the City, shall be
27 clearly marked on both sides of the cab with the name and
28 telephone number of towing carrier.
3
,
1 5 . This Agreement may be terminated by either party for
2 any reason upon the giving of thirty (30) days written notice.
3 Should City issue such termination notice, Towing Carrier will be
4 afforded a pretermination hearing before the Police Commission if
5 so requested.
6 6 . Towing Carrier shall be dispatched to tow calls on a
7 per call rotation basis in conjunction with other towing carriers
8 which have entered into agreements with the City.
9 7 . Monthly, Towing Carrier shall submit to the City a list
10 of all vehicles towed the previous month, including license plate
11 number and VIN.
12 8 . Towing Carrier shall charge for services on calls by
13 the City, in an amount not to exceed ten dollars ($10) above the
14 hourly rate set forth by the California Highway Patrol . The
15 minimum charge for services shall not exceed one (1) hour.
16 9 . Standby time for tow trucks will begin one (1) hour
17 after receipt of calls from the City and is defined to mean the
18 time consumed after the first hour in necessary preparations in
19 order to tow the disabled vehicle and in cleaning up the immediate
20 surrounding area .
21 10 . In the event that a towed vehicle is forfeited by the
22 owner in accordance with 914607 of the California vehicle Code,
23 the proceeds of the sale of the vehicle shall be distributed
24 pursuant to §14607 . 6 of said Code .
25 11 . Upon reasonable advance written notice, City shall have
26 the right to review and audit the books of towing carrier at
27 towing carrier' s place of business and during business hours .
28 12 . The parties understand and agree that this Agreement
4
1 grants Towing Carrier a non-exclusive franchise .
2 13 . Towing Carrier shall charge and remit to City on a
3 monthly basis a vehicle towing administrative fee per such vehicle
4 towed which shall be set by resolution by the Mayor and Common
5 Council . Such fee shall not be charged for those individuals who
6 have had their vehicles towed, stored or impounded as a result of
7 being a victim of a crime (car theft, etc) or those vehicles
8 belonging to any public agency.
9 14 . Towing carrier shall be charged and remit to City on a
10 monthly basis a $40 . 00 per vehicle towed franchise fee . Such
11 vehicle towed franchise fee shall be paid by towing carrier, out
12 of its profits, and shall not be passed on to the vehicle owner.
13 Such vehicle towed franchise fee shall not be charged by nor
14 remitted to the City on any such towed vehicle when there is
15 issued on such vehicle by the City of San Bernardino Police
16 Department a Public Agency Authorization To Dispose Of A Vehicle
17 To A Scrap Iron Processor Or Dismantler, REG 462 (REV. 2/92) ,
18 pursuant to California Vehicle Code §22851 . 2 or 22851 . 3 .
19 15 . Towing Carrier shall also comply with the minimal
20 standards set forth in the California Highway Patrol tow service
21 agreement as such agreement shall be amended from time to time .
22 Where provisions . of this Agreement . and the CHP tow service
23 agreement shall be found to be in conflict, the provisions of this
24 Agreement shall prevail .
25 16 . Towing carrier shall also comply with all provisions of
26 the Resolution of the Mayor and Common Council of the City of San
27 Bernardino Establishing Standard Criteria for Companies to Provide
28 Tow Services for the City of San Bernardino as said resolution
5
1 exists and/or as said resolution may be amended from time to time.
2 17 . This Agreement represents the entire Agreement between
3 the City and the Towing Carrier and fully supersedes any and all
4 previous Agreements entered into by and between the City of San
5 Bernardino and Loma Linda Towing.
6 18 . Any notice to be given pursuant to this Agreement by
7 either party to the other shall be deposited with the United
8 States Postal Service, postage prepaid, and addressed as follows :
9 To the City: City Administrator
300 North "D" Street
10 San Bernardino, CA 92418
11 To Towing Carrier: Loma Linda Towing
1915 S . Tippecanoe Ave .
12 San Bernardino, CA
13 Nothing in this paragraph shall be construed to prevent the
14 giving of notice by personal
15 service .
16 IN WITNESS WHEREOF, the parties hereto have executed this
17 Agreement on the day and date first above shown.
18 CITY OF SAN BERNARDINO
19
By:
20 Mayor Judith Valles
Attest :
21
LOMA LINDA TOWING
22 "Towing Carrier"
By:
23
24 By:
25 Approved as to Form
and Legal Content :
26
JAMES F PE ,
27 City jt orne
28 By:.
6
1 AGREEMENT FOR TOW SERVICES
2 THIS AGREEMENT FOR TOW SERVICES entered into this day
3 of of 1998, by and between the City of San
4 Bernardino ( "City" ) and Danny' s Towing ( "Towing Carrier" ) .
5 The parties hereto agree as follows :
6 1 . Towing Carrier hereby agrees to provide tow services to
7 the City of San Bernardino pursuant to the terms and conditions
8 contained in this Agreement .
9 2 . Towing Carrier shall :
10 A. Have a minimum storage space for 200 vehicles with
11 a minimum of twelve inside spaces; outside storage lots must be
12 adequately lighted.
13 B . Have an attendant on call twenty-four (24) hours
14 a day, seven days a week at place of business .
15 C. Have no more than two telephone numbers listed
16 with any City department .
17 D. Store towed vehicles in a safe and protected space
18 where the vehicles and their contents will not be accessible to
19 thieves nor be damaged by activity in the carrier establishment or
20 from the elements or by vandals; no vehicles shall be left parked
21 or stored on the public streets at anytime; in no event shall the
22 city be liable for any theft, vandalism or damage occurring to any
23 such vehicle or is contents .
24 E . Post a tag on the windshield on all cars ordered
25 impounded by a City department .
26 F . Collect all towing or hauling and storage charges
27 on each vehicle from the owner; in no event shall the city be
28 liable for any such charge .
1
Replacement Exhibit "F" - Item #31B
1 G. Whenever a vehicle has been involved in an
2 accident or a traffic violation, and the owner or someone
3 delegated by him is present and is capable of removing the vehicle
4 from the street with reasonable dispatch, and the vehicle is not
5 needed for criminal evidence, City and/or towing carrier shall
6 permit the owner or his delegate to remove the vehicle or call a
7 towing company of his or her own choice to remove the same;
8 provided, however, that if the street cannot be cleared for safe
9 public use with reasonable dispatch by the above method, . and in
10 all situations other than above set forth, a towing carrier from
11 the top of the rotation list will be called by the City.
12 H. Furnish each owner with a fully itemized billing.
13 I . Immediately after each towing operation, make a
14 towing slip with the contents of each vehicle placed in his or her
15 care itemized thereon as verified by the officer ordering the same
16 and make the slip available to the City on request .
17 J. Release no impounded vehicle without first having
18 obtained a release from the City to do so .
19 K. Agree to a rotation system established by the
20 City.
21 L . Comply with all rules, regulations and laws of the
22 State of California, County of San Bernardino and City.
23 M. Have adequate equipment to handle calls from the
24 city, impounds and storage of motor vehicles .
25 N. The carrier shall operate from a location within
26 the City of San Bernardino, and all of the facilities necessary
27 for said operation shall be located within the City of San
28 Bernardino .
2
1 O. Carry a broom, trash can and sand and shall clean
2 and remove broken glass, spilled oil, or gasoline from the area
3 before departing, unless directed to not do so by police officers
4 and/or designated City employees at the scene .
5 P . Obtain and maintain public liability and property
6 damage insurance in the amount of $1 million, and naming the City
7 of San Bernardino as an additional insured. The carrier shall
8 provide a Certificate of Insurance, naming the , City as an
9 additional insured annually at a date to be determined by the
10 City' s Risk Management Coordinator.
11 Q. Tow vehicles shall be rated at a minimum of 14000
12 GVW.
13 3 . Towing Carrier shall give or cause to be given written
14 notice to the registered and legal owners of each vehicle which is
15 towed in conformity with the authorization and requirements of
16 this Agreement concerning the fact of such towing, the place at
17 which such vehicle is stored and the imposition of charges for
18 towing, storage and related services whenever the towing carrier
19 knows or is able to ascertain from the registration records in the
20 vehicle or from the registration records of the Department of
21 Motor Vehicles the name and address of the registered and legal
22 owners . The notice shall be given not more . than ten (10) days
23 from the date of the towing of the vehicle by the towing carrier.
24 4 . Every tow truck of towing carrier which is subject to
25 the provisions of this Agreement and which by virtue of this
26 Agreement responds to calls for service by the City, shall be
27 clearly marked on both sides of the cab with the name and
28 telephone number of towing carrier .
3
1 5 . This Agreement may be terminated by either party for
2 any reason upon the giving of thirty (30) days written notice .
3 Should City issue such termination notice, Towing Carrier will be
4 afforded a pretermination hearing before the Police Commission if
5 so requested.
6 6 . Towing Carrier shall be dispatched to tow calls on a
7 per call rotation basis in conjunction with other towing carriers
8 which have entered into agreements with the City.
9 7 . Monthly, Towing Carrier shall submit to the City a list
10 of all vehicles towed the previous month, including license plate
11 number and VIN.
12 8 . Towing Carrier shall charge for services , on calls by
13 the City, in an amount not to exceed ten dollars ($10) above the
14 hourly rate set forth by the California Highway Patrol . The
15 minimum charge for services shall not exceed one (1) hour.
16 9 . Standby time for tow trucks will begin one (1) hour
17 after receipt of calls from the City and is defined to mean the
18 time consumed after the first hour in necessary preparations in
19 order to tow the disabled vehicle and in cleaning up the immediate
20 surrounding area .
21 10 . In the event that a towed vehicle is forfeited by the
22 owner in accordance with §14607 of the California Vehicle Code,
23 the proceeds of the sale of the vehicle shall be distributed
24 pursuant to §14607 . 6 of said Code .
25 11 . Upon reasonable advance written notice, City shall have
26 the right to review and audit the books of towing carrier at
27 towing carrier ' s place of business and during business hours .
28 12 . The parties understand and agree that this Agreement
4
1 grants Towing Carrier a non-exclusive franchise .
2 13 . Towing Carrier shall charge and remit to City on a
3 monthly basis a vehicle towing administrative fee per such vehicle
4 towed which shall be set by resolution by the Mayor and Common
5 Council . Such fee shall not be charged for those individuals who
6 have had their vehicles towed, stored or impounded as a result of
7 being a victim of a crime (car theft, etc) or those vehicles
8 belonging to any public agency.
9 14 . Towing carrier shall be charged and remit to City on a
10 monthly basis a $40 . 00 per vehicle towed franchise fee. Such
11 vehicle towed franchise fee shall be paid by towing carrier, out
12 of its profits, and shall not be passed on to the vehicle owner.
13 Such vehicle towed franchise fee shall not be charged by nor
14 remitted to the City on any such towed vehicle when there is
15 issued on such vehicle by the City of San Bernardino Police
16 Department a Public Agency Authorization To Dispose Of A Vehicle
17 To A Scrap Iron Processor Or Dismantler, REG 462 (REV. 2/92) ,
18 pursuant to California Vehicle Code §22851 . 2 or 22851 . 3 .
19 15 . Towing Carrier shall also comply with the minimal
20 standards set forth in the California Highway Patrol tow service
21 agreement as such agreement shall be amended from time to time .
22 Where provisions of this Agreement and the CHP tow service
23 agreement shall be found to be in conflict, the provisions of this
24 Agreement shall prevail .
25 16 . Towing carrier shall also comply with all provisions of
26 the Resolution of the Mayor and Common Council of the City of San
27 Bernardino Establishing Standard Criteria for Companies to Provide
28 Tow Services for the City of San Bernardino as said resolution
5
I exists and/or as said resolution may be amended from time to time .
2 17 . This Agreement represents the entire Agreement between
3 the City and the Towing Carrier and fully supersedes any and all
4 previous Agreements entered into by and between the City of San
5 Bernardino and Danny' s Towing.
6 18 . Any notice to be given pursuant to this Agreement by
7 either party to the other shall be deposited with the United
8 States Postal Service, postage prepaid, and addressed as follows :
9 To the City: City Administrator
300 North IUD" Street
10 San Bernardino, CA 92418
11 To Towing Carrier: Danny' s Towing
2305 W. Highland Ave .
12 San Bernardino, CA
13 Nothing in this paragraph shall be construed to prevent the
14 giving of notice by personal
15 service .
16 IN WITNESS WHEREOF, the parties hereto have executed this
17 Agreement on the day and date first above shown.
18 CITY OF SAN BERNARDINO
19
By:
20 Mayor Judith Valles
Attest :
21
DANNY' S TOWING
22 "Towing Carrier"
By:
23
24 By:
25 Approved as to Form
and Legal Content :
26
JAMES PENMP^
27 City nCe
28 By:
6
I AGREEMENT FOR TOW SERVICES
2 THIS AGREEMENT FOR TOW SERVICES entered into this da-
3 of of 1998 , by and betwe the City of Sa;
4 Bernardino ( "City" ) and City Towing ( "TOwin Carrier" ) .
5 The parties hereto agree as follow
6 1 . Towing Carrier hereby agrees to provide tow services tc
7 the City of San Bernardino pursuant to the terms and condition,
8 contained in this Agreement .
9 2 . Towing Carrier shall -
10 A. Have a minimum storage space for 200 vehicles with
11 a minimum of twelve inside paces; outside storage lots must be
12 adequately lighted.
13 B . Have an ttendart on call twenty-four (24) hours
14 a day, seven days a we at place of business .
15 C. Have o more than two telephone numbers listed
16 with any City depar ent .
17 D. St re towed vehicles in a safe and protected space_
18 where the vehicl s and their contents will not be accessible to
19 thieves nor be d maged by activity in the carrier establishment or
20 from the eleme s or by vandals; no vehicles shall be left parked
21 or stored on e public streets at anytime; in no event shall the
22 city be liabl/ for any theft, vandalism or damage occurring to any
23 such vehicl7c is contents .
24 Post a tag on the windshield on all cars ordered
25 impounded a City department .
26 r Collect all towing or hauling and storage charges
27 on each vehicle from the owner; in no event shall the city be
28 liable for any such charge .
1
EXHIBIT "A"
1 G. whenever a vehicle has been involved in a:
2 accident or a traffic violation, and the owner or someone
3 delegated by him is present and is capable of removing the vehicl,
4 from the street with reasonable dispatch, and the vehicle is no
5 needed for criminal evidence, City and/or towing carrier shalt
6 permit the owner or his delegate to remove the vehicle or call
7 towing company of his or her own choice to remove the same
8 provided, however, that if, the street cannot be cleared for safe
9 public use with reasonable dispatch by the above method, and ir.
10 all situations other than above set forth, a towing carrier fron
11 the top of the rotation list will be called by the City.
12 H. Furnish each owner with a fully itemized billing.
13 I . Immediately after each towing operation, make a
14 towing slip with the contents of each vehicle placed in his or her
15 care itemized thereon as verified by the officer ordering the same
16 and make the slip available to the City on request .
17 J. Release no impounded vehicle without first havinc
18 obtained a release from the City to do so .
19 K. Agree to a rotation system established by the
20 City.
21 L . Comply with all rules, regulations and laws of the
22 State of California, County of San Bernardino and City.
23 M. Have adequate equipment to handle calls from the
24 city, impounds and storage of motor vehicles .
25 N. The carrier shall operate from a location within
26 the City of San Bernardino, and all of the facilities necessary
27 for said operation shall be located within the City of Sar.
28 Bernardino .
2
EXHIBIT "A"
1 O . Carry a broom, trash can and sand and shall cle
2 and remove broken glass, spilled oil, or gasoline from the ar
3 before departing, unless directed to not do so by police office_
4 and/or designated City employees at the scene .
5 P. Obtain and maintain public liability and proper
6 damage insurance in the amount of $1 million, and naming the Ci
7 of San Bernardino as an additional insured. The carrier sha=
e provide a Certificate . of Insurance, naming the City as
9 additional insured annually at a date to be determined by t,
10 City' s Risk Management Coordinator.
11 Q . Tow vehicles shall be rated at a minimum of 140C
12 GVW.
13 3 . Towing Carrier shall give or cause to be given writte
14 notice to the registered and legal owners of each vehicle which '
15 towed in conformity with the authorization and requirements c
16 this Agreement concerning the fact of such towing, the place
17 which such vehicle is stored and the imposition of charges fc
18 towing, storage and related services whenever the towing carrie
19 knows or is able to ascertain from the registration records in tt
20 vehicle or from the registration records of the Department c
21 Motor Vehicles the name and address of the registered and lega
22 owners . The notice shall be given not more than ten (10) day
23 from the date of the towing o£ the vehicle by the towing carrier
24 4 . Every tow truck of towing carrier which is subject t
25 the provisions of this Agreement and which by virtue of thi
26 Agreement responds to calls for service by the City, shall t
27 clearly marked on both sides of the cab with the name ar.
28 telephone number of towing carrier.
3
LXHIBIT "A"
1 5 . This Agreement may be terminated by either party fo.
2 any reason upon the giving of thirty (30) days written notice.
3 Should City issue such termination notice, Towing Carrier will b,
4 afforded a pretermination hearing before the Police Commission i
5 so requested.
6 6 . Towing Carrier shall be dispatched to tow calls on
7 per call rotation basis in conjunction with other towing carrier!
8 which have entered into agreements with the City.
9 7 . Monthly, Towing Carrier shall submit to the City a list
10 of all vehicles towed the previous month, including license platE
11 number and VIN.
12 8 . Towing Carrier shall charge for services on calls b%
13 the City, in an amount not to exceed the hourly rate set forth b�
14 the California Highway Patrol . The minimum charge for service:
15 shall not exceed one (1) hour.
16 9 . Standby time for tow trucks will begin one (1) houi
17 after receipt of calls from the City and is defined to mean the
18 time consumed after the first hour in necessary preparations it
19 order to tow the disabled vehicle and in cleaning up the immediate
20 surrounding area.
21 10 . In the event that a towed vehicle is forfeited by the
22 owner in accordance with §14607 of the California Vehicle Code,
23 the proceeds of the sale of the vehicle shall be distributec
24 pursuant to §14607 . 6 of said Code .
25 11 . Upon reasonable advance written notice, City shall have
26 the right to review and audit the books of towing carrier at
27 towing carrier' s place of business and during business hours .
28 12 . The parties understand and agree that this Agreement
4
EXHIBIT "A"
i grants Towing Carrier a non-exclusive franchise.
2 13 . Towing Carrier shall charge and remit to City on a
3 monthly basis a vehicle towing administrative fee per such vehicle
4 towed which shall be set by resolution by the Mayor and Commor
5 Council . Such fee shall not be charged for those individuals whc
6 have had their vehicles towed, stored or impounded as a result of
7 being a victim of a crime (car theft, etc) or those vehicles
8 belonging to any public agency.
9 14 . Towing carrier shall be charged and remit to City on a
10 monthly basis a $40 . 00 per vehicle towed franchise fee . Such
11 vehicle towed franchise fee shall be paid by towing carrier, out
12 of its profits, and shall not be passed on to the vehicle owner.
13 15 . Towing Carrier shall also comply with the minimal
14 standards set forth in the California Highway Patrol tow service
15 agreement as such agreement shall be amended from time to time .
16 Where provisions of this Agreement and the CHP tow service
17 agreement shall be found to be in conflict, the provisions of this
18 Agreement shall prevail .
19 16 . Towing carrier shall also comply with all provisions of
20 the Resolution of the Mayor and Common Council of the City of San.
21 Bernardino Establishing Standard Criteria for Companies to Provide
22 Tow Services for the City of San Bernardino as said resolution
23 exists and/or as said resolution may be amended from time to time .
24 17 . This Agreement represents the entire Agreement between.
25 the City and the Towing Carrier and fully supersedes any and all
26 previous Agreements entered into by and between the City of San
27 Bernardino and City Towing .
28 18 . Any notice to be given pursuant to this Agreement by
5
EXHIBIT "A"
1 either party to the other shall be deposited with the Unit
2 States Postal Service, postage prepaid, and addressed as follow:
3 To the City: City Administrator
300 North "D" Street
4 San Bernardino, CA 92418
5 To Towing Carrier: City Towing
530 W. 10th Street
6 San Bernardino, CA
7 Nothing in this paragraph shall be construed to prevent ti
8 giving of notice by personal
9 service .
10 IN WITNESS WHEREOF, the parties hereto have executed thi
11 Agreement on the day and date first above shown.
12 CITY OF SAN BERNARDINO
13
By:
14 Attest : Mayor Judith Valles
15
CITY TOWING
16 "Towing Carrier"
By:
17
18 By:
19 Approved as to Form
and Legal Content :
20
JAMES F. PENMAN,
21 City Attorney
22
By:
23
24
25
26
27
28
6
EXHIBIT "A"
1 AGREEMENT FOR TOW SERVICES
2 THIS AGREEMENT FOR TOW SERVICES entered into this da
3 of of 1998 , by and betwee the City of Sa:
4 Bernardino ( "City" ) and Big Z Towing, Inc . ( I owing Carrier„ ) .
5 The parties hereto agree as follows :
6 1 . Towing Carrier hereby agrees provide tow services t
7 the City of San Bernardino pursuant t the terms and condition.
8 contained in this Agreement .
9 2 . Towing Carrier shall :
10 A. Have a minimum st rage space for 200 vehicles wit'.
11 a minimum of twelve inside spa s; outside storage lots must bt
12 adequately lighted.
13 B . Have an atte ant on call twenty-four (24) hour;
14 a day, seven days a week at lace of business .
15 C. Have no mo e than two telephone numbers lister
16 with any City department .
17 D . Store tow d vehicles in a safe and protected spar:
18 where the vehicles and eir contents will not be accessible_ tc
19 thieves nor be damaged b activity in the carrier establishment o,
20 from the elements or by vandals; no vehicles shall be left parkeQ
21 or stored on the public) streets at anytime; in no event shall th•
22 city be liable for anyjtheft, vandalism or damage occurring to an
23 such vehicle or is contents .
I
24 E . Post a tag on the windshield on all cars ordere
25 impounded by a City department .
i
26 F . Collect all towing or hauling and storage charge:
27 on each vehicle from the owner; in no event shall the city b•
28 liable for any such c arge .
EXHIBIT "B”
1 G. Whenever a vehicle has been involved in a
2 accident or a traffic violation, and the owner or someor
3 delegated by him is present and is capable of removing the vehicl
4 from the street with reasonable dispatch, and the vehicle is nc
5 needed for criminal evidence, City and/or towing carrier steal
6 permit the owner or his delegate to remove the vehicle or call
7 towing company of his or her own choice to remove the same
8 provided, however, that • if the street cannot be cleared for saf
9 public use with reasonable dispatch by the above method, and i
10 all situations other than above set forth, a towing carrier fro
11 the top of the rotation list will be called by the City.
12 H. Furnish each owner with a fully itemized billing
13 I . Immediately after each towing operation, make
14 towing slip with the contents of each vehicle placed in his or he
15 care itemized thereon as verified by the officer ordering the sam
16 and make the slip available to the City on request .
17 J. Release no impounded vehicle without first havir.
18 obtained a release from the City to do so .
19 K. Agree to a rotation system established by th
20 City.
21 L. Comply with all rules, regulations and laws of t!
22 State of California, County of San Bernardino and City.
23 M . Have adequate equipment to handle calls from th
24 city, impounds and storage of motor vehicles .
25 N. The carrier shall operate from a location withi
26 the City of San Bernardino, and all of the facilities necessa�:
27 for said operation shall be located within the City of S=
28 Bernardino .
2
E: HIBIT "B"
1 O . Carry a broom, trash can and sand and shall clear.
2 and remove broken glass, spilled oil, or gasoline from the ares
3 before departing, unless directed to not do so by police officers
4 and/or designated City employees at the scene .
5 P . Obtain and maintain public liability and propert%
6 damage insurance in the amount of $1 million, and naming the Cit}
7 of San Bernardino as an additional insured. The carrier shall
8 provide a Certificate 'of Insurance, naming the City as ar
9 additional insured annually at a date to be determined by the
10 City' s Risk Management Coordinator.
11 Q. Tow vehicles shall be rated at a minimum of 1400C
12 GVW.
13 3 . Towing Carrier shall give or cause to be given writter.
14 notice to the registered and legal owners of each vehicle which is
15 towed in conformity with the authorization and requirements of
16 this Agreement concerning the fact of such towing, the place at
17 which such vehicle is stored and the imposition of charges fo*_
18 towing, storage and related services whenever the towing carrier
19 knows or is able to ascertain from the registration records in the
20 vehicle or from the registration records of the Department o
21 Motor Vehicles the name and address of the registered and lega'
22 owners . The notice shall be given not more than ten ( 10; days
23 from the date of the towing of the vehicle by the towing carrier.
24 4 . Every tow truck of towing carrier which is subject tc
25 the provisions of this Agreement and which by virtue of this
26 Agreement responds to calls for service by the City, shall be
27 clearly marked on both sides of the cab with the name an,
28 telephone number of towing carrier.
3
E IIBIT "B"
1 5 . This Agreement may be terminated by either party foe
2 any reason upon the giving of thirty (30) days written notice .
3 Should City issue such termination notice, Towing Carrier will be
4 afforded a pretermination hearing before the Police Commission is
5 so requested.
6 6 . Towing Carrier shall be dispatched to tow calls on a
7 per call rotation basis in conjunction with other towing carrierE
8 which have entered into 'agreements with the City.
9 7 . Monthly, Towing Carrier shall submit to the City a list
10 of all vehicles towed the previous month, including license plate.
11 number and VIN.
12 8 . Towing Carrier shall charge for services on calls b}
13 the City, in an amount not to exceed the hourly rate set forth b}
14 the California Highway Patrol . The minimum charge for service:
15 shall not exceed one (1) hour.
16 9 . Standby time for tow trucks will begin one (1) hou
17 after receipt of calls from the City and is defined to mean the
18 time consumed after the first hour in necessary preparations it
19 order to tow the disabled vehicle and in cleaning up the immediate
20 surrounding area.
21 10 . In the event that a towed vehicle is forfeited by the
22 owner in accordance with §14607 of the California Vehicle Code,
23 the proceeds of the sale of the vehicle shall be distributes
24 pursuant to §14607 . 6 of said Code .
25 11 . Upon reasonable advance written notice, City shall have
26 the right to review and audit the books of towing carrier a;
27 towing carrier ' s place of business and during business hours .
28 12 . The parties understand and agree that this. Agreemenr
4
EXHIBIT "B"
I grants Towing Carrier a non-exclusive franchise .
2 13 . Towing Carrier shall charge and remit to City on
3 monthly basis a vehicle towing administrative fee per such vehicle
4 towed which shall be set by resolution by the Mayor and Commoc
5 Council . Such fee shall not be charged for those individuals wh,
6 have had their vehicles towed, stored or impounded as a result o:
7 being a victim of a crime (car theft, etc) or those vehicle:
e belonging to any public 'agency.
9 14 . Towing carrier shall be charged and remit to City on i
10 monthly basis a $40 . 00 per vehicle towed franchise fee . Suct
11 vehicle towed franchise fee shall be paid by towing carrier, out,
12 of its profits, and shall not be passed on to the vehicle owner.
13 15 . Towing Carrier shall also comply with the minima:
14 standards set forth in the California Highway Patrol tow service
15 agreement as such agreement shall be amended from time to time
16 Where provisions of this Agreement and the CHP tow servic<
17 agreement shall be found to be in conflict, the provisions of thi:
18 Agreement shall prevail .
19 16 . Towing carrier shall also comply with all provisions o:
20 the Resolution of the Mayor and Common Council of the City of Sa:
21 Bernardino Establishing Standard Criteria for Companies to Provid+
22 Tow Services for the City of San Bernardino as said resolutio:
23 exists and/or as said resolution may be amended from time to time
24 17 . This Agreement represents the entire Agreement betwee
25 the City and the Towing Carrier and fully supersedes any and al
26 previous Agreements entered into by and between the City of Sa:
27 Bernardino and Big Z Towing, Inc .
28 18 . Any notice to be given pursuant to this Agreement b'
5
EXHIBIT "B"
I either party to the other shall be deposited with the Unite
2 States Postal Service, postage prepaid, and addressed as follow:
3 To the City: City Administrator
300 North "D" Street
4 San Bernardino, CA 92418
5 To Towing Carrier: Big Z Towing, Inc.
274 N. "I" Street
6 San Bernardino, CA
7 Nothing in this paragraph shall be construed to prevent t.
8 giving of notice by personal
9 service.
10 IN WITNESS WHEREOF, the parties hereto have executed thi
11 Agreement on the day and date first above shown.
12 CITY OF SAN BERNARDINO
13
By:
14 Mayor Judith Valles
Attest :
15
BIG Z TOWING
16 "Towing Carrier"
By:
17
18 By:
19 Approved as to Form
and Legal Content :
20
JAMES F . PENMAN,
21 City Attorney
22
By:
23
24
25
26
27
28
6
1=IBIT "B"
1 AGREEMENT FOR TOW SERVICES
2 THIS AGREEMENT FOR TOW SERVICES entered into is da
3 of of 1998 , by and betwee the City of Sar
4 Bernardino ( "City" ) and Tri-City Towing, Inc. ( "Towing Carrier,, )
5 The parties hereto agree as follows :
6 1 . Towing Carrier hereby agrees t provide tow services tc
7 the City of San Bernardino pursuant t the terms and condition:
8 contained in this Agreement .
9 2 . Towing Carrier shall :
10 A. Have a minimum sto age space for 200 vehicles witr
11 a minimum of twelve inside spat s ; outside storage lots must bE
12 adequately lighted.
13 B . Have an atten ant on call twenty-four (24) hour=
14 a day, seven days a week at lace of business .
15 C. Have no mo e than two telephone numbers lister
16 with any City department .
17 D . Store tow d vehicles in a safe and protected spacE
18 where the vehicles and t eir contents will not be accessible tc
19 thieves nor be damaged b activity in the carrier establishment or
20 from the elements or by vandals; no vehicles shall be left parker
21 or stored on the public streets at anytime; in no event shall the
22 city be liable for any heft, vandalism or damage occurring to an}
23 such vehicle or is contents .
24 E . Post tag on the windshield on all cars orderer
25 impounded by a City d partment .
26 F . Colle t all towing or hauling and storage charge=
27 on each vehicle fro the owner; in no event shall the city bE
28 liable for any such charge .
1
EXHIBIT "C"
I G. Whenever a vehicle has been involved in a:
2 accident or a traffic violation, and the owner or someon
3 delegated by him is present and is capable of removing the vehicl+
4 from the street with reasonable dispatch, and the vehicle is no
5 needed for criminal evidence, City and/or towing carrier shal
6 permit the owner or his delegate to remove the vehicle or call
7 towing company of his or her own choice to remove the same
8 provided, however, that 'i� the street cannot be cleared for saf
9 public use with reasonable dispatch by the above method, and i-
10 all situations other than above set forth, a towing carrier fro*
11 the top of the rotation list will be called by the City.
12 H. Furnish each owner with a fully itemized billing
13 I . Immediately after each towing operation, make E
14 towing slip with the contents of each vehicle placed in his or he:
15 care itemized thereon as verified by the officer ordering the sam,
16 and make the slip available to the City on request .
17 J. Release no impounded vehicle without first Navin_
18 obtained a release from the City to do so .
19 K. Agree to a rotation system established by the
20 City.
21 L. Comply with all rules, regulations and laws of th,
22 State of California, County of San Bernardino and City.
23 M. Have adequate equipment to handle calls from the
24 city, impounds and storage of motor vehicles .
25 N. The carrier shall operate from a location withi7
26 the City of San Bernardino, and all of the facilities necessar;
27 for said operation shall be Located within the City of Sa
28 Bernardino .
2
EXHIBIT "C"
1 O . Carry a broom, trash can and sand and shall clear.
2 and remove broken glass, spilled oil , or gasoline from the area
3 before departing, unless directed to not do so by police officers
4 and/or designated City employees at the scene .
5 P . obtain and maintain public liability and propert:
6 damage insurance in the amount of $1 million, and naming the Cit%
7 of San Bernardino as an additional insured. The carrier shall
8 provide a Certificate `of Insurance, naming the City as ar
9 additional insured annually at a date to be determined by the
10 City' s Risk Management Coordinator. .
11 Q . Tow vehicles shall be rated at a minimum of 1400C
12 GVW.
13 3 . Towing Carrier shall give or cause to be given written.
14 notice to the registered and legal owners of each vehicle which i;
15 towed in conformity with the authorization and requirements of
16 this Agreement concerning the fact of such towing, the place at
17 which such vehicle is stored and the imposition of charges fo:
18 towing, storage and related services whenever the towing carrier
19 knows or is able to ascertain from the registration records in the
20 vehicle or from the registration records of the Department Of
21 Motor Vehicles the name and address of the registered and lega'
22 owners . The notice shall be given not more than ten ( 10) days
23 from the date o` the towing of the vehicle by the towing carrier .
24 4 . Every tow truck of towing carrier which is subject t=
25 the provisions of this Agreement and which by virtue of this
26 Agreement responds to calls for service by the City, shall be
27 clearly marked on both sides of the cab with the name an<
28 telephone number of towing carrier .
3
EXHIBIT "C"
1 5 . This Agreement may be terminated by either party fox
2 any reason upon the giving of thirty (30) days written notice .
3 Should City issue such termination notice, Towing Carrier will be
4 afforded a pretermination hearing before the Police Commission is
5 so requested.
6 6 . Towing Carrier shall be dispatched to tow calls on
7 per call rotation basis in conjunction with other towing carrier;
8 which have entered into `agreements with the City.
9 7 . Monthly, Towing Carrier shall submit to the City a list
10 of all vehicles towed the previous month, including license plate
11 number and VIN.
12 8 . Towing Carrier shall charge for services on calls b}
13 the City, in an amount not to exceed the hourly rate set forth by
14 the California Highway Patrol . The minimum charge for services
15 shall not exceed one (1) hour.
16 9 . Standby time for tow trucks will begin one (1) ho=
17 after receipt of calls from the City and is defined to mean the
18 time consumed after the first hour in necessary preparations it
19 order to tow the disabled vehicle and in cleaning up the immediate
20 surrounding area.
21 10 . In the event that a towed vehicle is forfeited by the
22 owner in accordance with §14607 of the California Vehicle Code,
23 the proceeds of the sale of the vehicle shall be distributec
24 pursuant to §14607 . 6 of said Code .
25 11 . Upon reasonable advance written notice, City shall have
26 the right to review and audit the books of towing carrier at
27 towing carrier ' s place of business and during business hours .
23 12 . The parties understand and agree that this Agreemen'
4
EU?IBIT "C"
i grants Towing Carrier a non-exclusive franchise .
I
2 13 . Towing Carrier shall charge and remit to City on
3 monthly basis a vehicle towing administrative fee per such vehicl=
4 towed which shall be set by resolution by the Mayor and Commo:
5 Council . Such fee shall not be charged for those individuals wh
6 have had their vehicles towed, stored or impounded as a result o-
7 being a victim of a crime (car theft, etc) or those vehicle:
8 belonging to any public 'agency.
9 14 . Towing carrier shall be charged and remit to City on <
10 monthly basis a $40 . 00 per vehicle towed franchise fee . Suc!
11 vehicle towed franchise fee shall be paid by towing carrier, ou:
12 of its profits, and shall not be passed on to the vehicle owner.
13 15 . Towing Carrier shall also comply with the minima,
14 standards set forth in the California Highway Patrol tow servic,
15 agreement as such agreement shall be amended from time to time
16 Where provisions of this Agreement and the CHP tow servicE
17 agreement shall be found to be in conflict , the provisions of thi:
18 Agreement shall prevail .
19 16 . Towing carrier shall also comply with all provisions o:
20 the Resolution of the Mayor and Common Council of the City of Sa:
21 Bernardino Establishing Standard Criteria for Companies to Provid+
22 Tow Services for the City of San Bernardino as said resolutio=
23 exists anal/or as said resolution may be amended from time to time
24 17 . This Agreement represents the entire Agreement betwee:
25 the City and the Towing Carrier and fully supersedes any and a1
26 previous Agreements entered into by and between the City of Sa:
27 Bernardino and Tri-City Towing, Inc .
28 18 . Any notice to be given pursuant to this Agreement b'
5
EXHIBIT "C"
1 either party to the other shall be deposited with the Unite,
2 States Postal Service, postage prepaid, and addressed as follows
3 To the City: City Administrator
300 North "D" Street
4 San Bernardino, CA 92418
5 To Towing Carrier: Tri-City Towing, Inc .
1661 W. Walnut
6 San Bernardino, CA
7 Nothing in this paragraph shall be construed to prevent the
8 giving of notice by personal
9 service .
10 IN WITNESS WHEREOF, the parties hereto have executed this
11 Agreement on the day and date first above shown.
12 CITY OF SAN BERNARDINO
13
By:
14 Mayor Judith Valles
Attest :
15
TRI-CITY TOWING, INC.
16 ".Towing Carrier"
By:
17
18 By:
19 Approved as to Form
and Legal Content :
20
JAMES F. PENMAN,
21 City Attorney
22
By:
23
24
25
26
27
28
6
EXHIBIT "C"
I AGREEMENT FOR TOW SERVICES
2 THIS AGREEMENT FOR TOW SERVICES entered into this - da•
3 of of 1998 , by and between t City of Sar
4 Bernardino ( "City" ) and Wilson Towing, LLC ( "T ing Carrier" ) .
5 The parties hereto agree as follows :
6 1 . Towing Carrier hereby agrees to provide tow services tc
7 the City of San Bernardino pursuant to the terms and condition_
8 contained in this AgreemeHt .
9 2 . Towing Carrier shall :
10 A. Have a minimum s rage space for 200 vehicles witr
11 a minimum of twelve inside sp es; outside storage lots must be
12 adequately lighted.
13 B . Have an att ndant on call twenty-four (24) hours
14 a day, seven days a week place of business .
15 C. Have no ore than two telephone numbers listec
16 with any City departmen .
17 D. Store owed vehicles in a safe and protected space
18 where the vehicles a. d their contents will not be accessible tc
19 thieves nor be damag by activity in the carrier establishment oz
20 from the elements o by vandals; no vehicles shall be left parkec
21 or stored on the p lic streets at anytime; in no event shall the
22 city be liable for any theft, vandalism or damage occurring to any
23 such vehicle or i contents .
24 E . lost a tag on the windshield on all cars ordere(
25 impounded by a City department .
26 F. Collect all towing or hauling and storage charge=
27 on each vehicl II from the owner; in no event shall the city be
28 liable for any (such charge .
1
EXHIBIT "D"
1 G. whenever a vehicle has been involved in ar.
2 accident or a traffic violation, and the owner or someone
3 delegated by him is present and is capable of removing the vehicle
4 from the street with reasonable dispatch, and the vehicle is not
5 needed for criminal evidence, City and/or towing carrier shalt
6 permit the owner or his delegate to remove the vehicle or call
7 towing company of his or her own choice to remove the same;'
8 provided, however, that 'if the street cannot be cleared for safe
9 public use with reasonable dispatch by the above method, and it
10 all situations other than above set forth, a towing carrier from
11 the top of the rotation list will be called by the City.
12 H. Furnish each owner with a fully itemized billing.
13 I . Immediately after each towing operation, make a
14 towing slip with the contents of each vehicle placed in his or her
15 care itemized thereon as verified by the officer ordering the same
I
16 and make the slip available to the City on request .
17 J. Release no impounded vehicle without first havinc
18 obtained a release from the City to do so .
19 K. Agree to a rotation system established by the
20 City.
21 L . Comply with all rules, regulations and laws of the
22 State of California, County of San Bernardino and City.
23 M. Have adequate equipment to handle calls from the
24 city, impounds and storage of motor vehicles .
25 N. The carrier shall operate from a location. within
26 the City of San Bernardino, and all of the facilities necessary
27 for said operation shall be located within the City of Sar
28 Bernardino-.
2
EXHIBIT "D"
i 1 O . Carry a. broom, trash can and sand and shall clea
i
2 and remove broken glass, spilled oil, or gasoline from the are
3 before departing, unless directed to not do so by police officer
4 and/or designated City employees at the scene .
5 P . Obtain and maintain public liability and propert
6 damage insurance in the amount of $1 million, and naming the Cit
7 of San Bernardino as an additional insured. The carrier shal
8 provide a Certificate ` of Insurance, naming the City as a
9 additional insured annually at a date to be determined by th
10 City' s Risk Management Coordinator.
11 Q. Tow vehicles shall be rated at a minimum of 1400
12 GVW.
13 3 . Towing Carrier shall give or cause to be given writte.
14 notice to the registered and legal owners of each vehicle which i
15 towed in conformity with the authorization and requirements c
16 this Agreement concerning the fact of such towing, the place a
17 which such vehicle is stored and the imposition of charges fo
18 towing, storage and related services whenever the towing carrie
19 knows or is able to ascertain from the registration records in th•
20 vehicle or from the registration records of the Department o
21 Motor Vehicles the name and address of the registered and lega
22 owners . The notice shall be given not more than ten (10) day,
23 from the date of the towing of the vehicle by the towing carrier
24 4 . Every tow truck of towing carrier which is subject t
25 the provisions of this Agreement and which by virtue of thi
26 Agreement responds to calls for service by the City, shall b
27 clearly marked on both sides of the cab with the name an
28 telephone number of towing; carrier.
3
EMUBIT "D"
1 5 . This Agreement may be terminated by either party fo
2 any reason upon the giving of thirty (30) days written notice .
3 Should City issue such termination notice, Towing Carrier will b
4 afforded a pretermination hearing before the Police Commission i
5 so requested.
6 6 . Towing Carrier shall be dispatched to tow calls on
7 per call rotation basis in conjunction with other towing carrier.
8 which have entered into 'a4reements with the City.
9 7 . Monthly, Towing Carrier shall submit to the City a lis,
10 of all vehicles towed the previous month, including license platy
11 number and VIN.
12 8 . Towing Carrier shall charge for services on calls b•
13 the City, in an amount not to exceed the hourly rate set forth bi
14 the California Highway Patrol . The minimum charge for service:
15 shall not exceed one (1) hour.
16 9 . Standby time for tow trucks will begin one (1) hou2
17 after receipt of calls from the City and is defined to mean the
18 time consumed after the first hour in necessary preparations is
19 order to tow the disabled vehicle and in cleaning up the immediate
20 surrounding area .
21 10 . In the event that a towed vehicle is forfeited by the
22 owner in accordance with §14607 of the California Vehicle Code,
23 the proceeds of the sale of the vehicle shall be distributec
24 pursuant to §14607 . 6 of said Code .
25 11 . Upon reasonable advance written notice, City shall havE
26 the right to review and audit the books of towing carrier at
27 towing carrier' s place of business and during business hours .
28 12 . The parties understand and agree tfiat this Agreement
4
EXHIBIT "D"
1
1 grants Towing Carrier a non-exclusive franchise .
2 13 . Towing Carrier shall charge and remit to City on a
3 monthly basis a vehicle towing administrative fee per such vehicle
4 towed which shall be set by resolution by the Mayor and Common.
5 Council . Such fee shall not be charged for those individuals whc
6 have had their vehicles towed, stored or impounded as a result of
7 being a victim of a crime (car theft, etc) or those vehicles
8 belonging to any public Agency.
9 14 . Towing carrier shall be charged and remit to City on a
10 monthly basis a $40 . 00 per vehicle towed franchise fee . Such
11 vehicle towed franchise fee shall be paid by towing carrier, out
12 of its profits, and shall not be passed on to the vehicle owner.
13 15 . Towing Carrier shall also comply with the minimal
14 standards set forth in the California Highway Patrol tow service
15 agreement as such agreement shall be amended from time to time.
16 Where provisions of this Agreement and the CHP tow service
17 agreement shall be found to be in conflict, the provisions of this
18 Agreement shall prevail .
19 16 . Towing carrier shall also comply with all provisions of
20 the Resolution of the Mayor and Common Council of the City of San
21 Bernardino Establishing Standard Criteria for Companies to Provide
22 Tow Services for the City of San Bernardino as said resolution
23 exists and/or as said resolution may be amended from time to time .
24 17 . This Agreement represents the entire Agreement between
25 the City and the Towing Carrier and fully supersedes any and all
26 previous Agreements entered into by and between the City of San
27 Bernardino and Wilson Towing, LLC .
28 18 . Any notice to be given pursuant to this Agreement by
5
EXHIBIT "D"
1 either party to the other shall be deposited with the Unite,
2 States Postal Service, postage prepaid, and addressed as follows
3 To the City: City Administrator
300 North "D" Street
4 San Bernardino, CA 92418
5 To Towing Carrier: Wilson Towing, LLC
2310 E . 3rd Street
6 San Bernardino; CA
7 Nothing in this paragraph shall be construed to prevent th
8 giving of notice by personal
9 service .
10 IN WITNESS WHEREOF, the parties hereto have executed this.
11 Agreement on the day and date first above shown.
12 CITY OF SAN BERNARDINO
13
By:
14 Mayor Judith Valles
Attest :
15
WILSON TOWING, LLC
16 "Towing Carrier"
By:
17
18 By:
19 Approved as to Form
and Legal Content :
20
JAMES F. PENMAN,
21 City Attorney
22
By:
23
24
25
26
27
28
6
=BIT "D"
I AGREEMENT FOR TOW SERVICES
2 THIS AGREEMENT FOR TOW SERVICES entered int this da
3 of of 1998 , by and betw n the City of Sa-
4 Bernardino ( "City" ) and Loma Linda Towing 'Towing Carrier" ) .
5 The parties hereto agree as follow :
6 1 . Towing Carrier hereby agrees to provide tow services t�
7 the City of San Bernardino pursuant to the terms and condition:
8 contained in this Agreement . '
9 2 . Towing Carrier shall :
10 A. Have a minimum torage space for 200 vehicles wit'
11 a minimum of twelve inside s aces; outside storage lots must bt
12 adequately lighted.
13 B . Have an at endant on call twenty-four (24) hour:
14 a day, seven days a week t place of business .
15 C . Have no ore than two telephone numbers lister
16 with any City departmen .
I
17 D . Store owed vehicles in a safe and protected space
18 where the vehicles an their contents will not be accessible tc
19 thieves nor be damage by activity in the carrier establishment o-
I
20 from the elements or y vandals; no vehicles shall be left parker
21 or stored on the pub is streets at anytime; in no event shall th•
22 city be liable for a y theft , vandalism or damage occurring to an,
23 such vehicle or is lontents .
24 E . Poit a tag on the windshield on all cars ordere
25 impounded by a City department .
26 F . Collect all towing or hauling and storage charge;
27 on each vehicle f om the owner; in no event shall the city b
28 liable for any suc charge .
1
EXHIBIT "E"
I G. whenever a vehicle has been involved in a
i
2 accident or a traffic violation, and the owner or someor.
3 delegated by him is present and is capable of removing the vehicl,
4 from the street with reasonable dispatch, and the vehicle is no
5 needed for criminal evidence, City and/or towing carrier shal
6 permit the owner or his delegate to remove the vehicle or call
7- towing company of his or her own choice to remove the same
8 provided, however, that `if the street cannot be cleared for saf
9 public use with reasonable dispatch by the above method, and i
10 all situations other than above set forth, a towing carrier fro,.
11 the top of the rotation list will be called by the City.
12 H. Furnish each owner with a fully itemized billing
13 I . Immediately after each towing operation, make a
14 towing slip with the contents of each vehicle placed in his or he
15 care itemized thereon as verified by the officer ordering the sam.
16 and make the slip available to the City on request .
17 J. Release no impounded vehicle without first Navin,
18 obtained a release from the City to do so .
19 K. Agree to a rotation system established by th-
20 City.
21 L. Comply with all rules, regulations and laws of ch
22 State of California, County of San Bernardino and City.
23 M . Have adequate equipment to handle calls from th,
24 city, impounds and storage of motor vehicles .
25 N. The carrier shall operate from a location withi
26 the City of San Bernardino, and all of the facilities necessar-
27 for said operation shall be located within the City of Sa
28 Bernardino .
2
EXHIBIT "E"
1 O . Carry a broom, trash can and sand and shall clea:
i
2 and remove broken glass, spilled oil, or gasoline from the are
3 before departing, unless directed to not do so by police officer
4 and/or designated City employees at the scene.
5 P . obtain and maintain public liability and propert
6 damage insurance in the amount of $1 million, and naming the Cit-
7 of San Bernardino as an additional insured. The carrier shal
8 provide a Certificate ' cf Insurance, naming the City as a
9 additional insured annually at a date to be determined by th,
10 City' s Risk Management Coordinator.
11 Q . Tow vehicles shall be rated at a minimum of 1400
12 GVW.
13 3 . Towing Carrier shall give or cause to be given written
14 notice to the registered and legal owners of each vehicle which i
15 towed in conformity with the authorization and requirements o
16 this Agreement concerning the fact of such towing, the place a-
17 which such vehicle is stored and the imposition of charges fo-
18 towing, storage and related services whenever the towing carrie:
19 knows or is able to ascertain from the registration records in th=
20 vehicle or from the registration records of the Department o-
21 Motor Vehicles the name and address of the registered and lega
22 owners . The notice shall be given not more than ten (10) day°
23 from the date of the towing of the vehicle by the towing carrier
24 4 . Every tow truck of towing carrier which is subject t
25 the provisions of this Agreement and which by virtue of thi
26 Agreement responds to calls for service by the City, shall b,
27 clearly marked on both sides of the cab wit:- the name an
28 telephone number of towing carrier .
3
EXHIBIT "E"
1 5 . This Agreement may be terminated by either party for
2 any reason upon the giving of thirty (30) days written notice .
3 Should City issue such termination notice, Towing Carrier will be
4 afforded a pretermination hearing before the Police Commission if
5 so requested.
6 6 . Towing Carrier shall be dispatched to tow calls on a
7 per call rotation basis in conjunction with other towing carriers
e which have entered into agreements with the City.
9 7 . Monthly, Towing Carrier shall submit to the City a list
10 of all vehicles towed the previous month, including license plate
11 number and VIN.
12 8 . Towing Carrier shall charge for services on calls by
13 the City, in an amount not to exceed the hourly rate set forth by
14 the California Highway Patrol . The minimum charge for services
15 shall not exceed one (1) hour.
16 9 . Standby time for tow trucks will begin one (1) hour
17 after receipt of calls from the City and is defined to mean the
19 time consumed after the first hour in necessary preparations in
19 order to tow the disabled vehicle and in cleaning up the immediate
20 surrounding area .
21 10 . In the event that a towed vehicle is forfeited by the
22 owner in accordance with §14607 of the California Vehicle Code,
23 the proceeds of the sale of the vehicle shall be distributed
24 pursuant to §14607 . 6 of said Code .
25 11 . Upon reasonable advance written notice, City shall have
26 the right to review and audit the books of towing carrier at
27 towing carrier ' s place of business and during business hours .
28 12 . The parties understand and agree that this Agreement
4
EXHIBIT "E"
I grants Towing Carrier a non-exclusive franchise .
i
2 13 . Towing Carrier shall charge and remit to City on
3 monthly basis a vehicle towing administrative fee per such vehicl,
4 towed which shall be set by resolution by the Mayor and Commo
5 Council . Such fee shall not be charged for those individuals wh
6 have had their vehicles towed, stored or impounded as a result o
7 being a victim of a crime (car theft, etc) or those vehicle.
8 belonging to any public 'agency.
9 14 . Towing carrier shall be charged and remit to City on
10 monthly basis a $40 . 00 per vehicle towed franchise fee . Suc'
11 vehicle towed franchise fee shall be paid by towing carrier, ou-
12 of its profits, and shall not be passed on to the vehicle owner
13 15 . Towing Carrier shall also comply with the minima-
14 standards set forth in the California Highway Patrol tow servic
15 agreement as such agreement shall be amended from time to time
16 Where provisions of this Agreement and the CHP tow servict
17 agreement shall be found to be in conflict, the provisions of thi
18 Agreement shall prevail .
19 16 . Towing carrier shall also comply with all provisions o
20 the Resolution of the Mayor and Common Council of the 'City of Sa.
21 Bernardino Establishing Standard Criteria for Companies to Provid
22 Tow Services for the City of San Bernardino as said resolution
23 exists and/or as said resolution may be amended from time to time
24 17 . This Agreement represents the entire Agreement betwee
25 the City and the Towing Carrier and fully supersedes any and al
26 previous Agreements entered into by and between the City of Sa:
27 Bernardino and Loma Linda Towing .
28 18 . Any notice to be given pursuant to this Agreement b'
5
E}QiIBIT "E"
iI either party to the other shall be deposited with the Unite
2 States Postal Service, postage prepaid, and addressed as follows
3 To the City: City Administrator
300 North I'D" Street
4 San Bernardino, CA 92418
5 To Towing Carrier: Loma Linda Towing
1915 S. Tippecanoe Ave .
6 San Bernardino, CA
7 Nothing in this paragraph shall be construed to prevent th
8 giving of notice by pertonal
9 service.
10 IN WITNESS WHEREOF, the parties hereto have executed thi
11 Agreement on the day and date first above shown.
12 CITY OF SAN BERNARDINO
13
By:
14 Mayor Judith Valles
Attest :
15
LOMA LINDA TOWING
16 "Towing Carrier"
By:
17
18 By:
19 Approved as to Form
and Legal Content :
20
JAMES F. PENMAN,
21 City Attorney
22
By:
23
24
25
26
27
28
6
EXHIBIT "E"
1 AGREEMENT FOR TOW SERVICES
2 THIS AGREEMENT FOR TOW SERVICES entered into t is da
3 of of 1998 , by and between he City of Sa
4 Bernardino ( "City" ) and Danny' s Towing ( "Towi Carrier" ) .
5 The parties hereto agree as follows :
6 1 . Towing Carrier hereby agrees to rovide tow services t
7 the City of San Bernardino pursuant to he terms and condition
8 contained in this Agreement .
9 2 . Towing Carrier shall :
10 A. Have a minimum stor a space for 200 vehicles wit'
11 a minimum of twelve inside spaces; outside storage lots must b•
12 adequately lighted.
13 S . Have an attend t on call twenty-four (24) hour:
14 a day, seven days a week at p ace of business .
15 C. Have no more than two telephone numbers lister
16 with any City department .
17 D. Store towe vehicles in a safe and protected spaco
18 where the vehicles and th it contents will not be accessible t(
19 thieves nor be damaged by activity in the. carrier establishment o2
20 from the elements or by andals; no vehicles shall be left parke(
21 or stored on the public treets at anytime; in no event shall thF
22 city be liable for any eft, vandalism or damage occurring to an}
23 such vehicle or is con ents .
24 E . Post a tag on the windshield on all cars ordere(
25 impounded by a City d artment .
26 F . Colle t all towing or hauling and storage chargee
27 on each vehicle from the owner; in no event shall the city be
28 liable for any such c' arge .
1
EXHIBIT "F"
yl G. Whenever a vehicle has been involved in a
2 accident or a traffic violation, and the owner or someor.
3 delegated by him is present and is capable of removing the vehicl
4 from the street with reasonable dispatch, and the vehicle is no
5 needed for criminal evidence, City and/or towing carrier shal
6 permit the owner or his delegate to remove the vehicle or call
7 towing company of his or her own choice to remove the same
8 provided, however, that •if the street cannot be cleared for saf
9 public use with reasonable dispatch by the above method, and is
10 all situations other than above set forth, a towing carrier froT,
11 the top of the rotation list will be called by the City.
12 H. Furnish each owner with a fully itemized billing
13 I . Immediately after each towing operation, make a
14 towing slip with the contents of each vehicle placed in his or he
15 care itemized thereon as verified by the officer ordering the sam,
16 and make the slip available to the City on request .
17 J. Release no impounded vehicle without first havin
18 obtained a release from the City to do so .
19 K. Agree to a rotation system established by the
20 City.
21 L. Comply with all rules, regulations and laws of th
22 State of California, County of San Bernardino and City.
23 M. Have adequate equipment to handle calls from the
24 city, impounds and storage of motor vehicles .
25 N. The carrier shall operate from a location withi:
26 the City of San Bernardino, and all of the facilities necessar:
27 for said operation shall be located within the City of Sa:
28 Bernardino .
2
EXHIBIT "F"
1 O. Carry a broom, trash can and sand and shall clear.
2 and remove broken glass, spilled oil, or gasoline from the area
3 before departing, unless directed to not do so by police officer:
4 and/or designated City employees at the scene .
5 P. Obtain and maintain public liability and propert,
6 damage insurance in the amount of $1 million, and naming the Cit}
7 of San Bernardino as an additional insured. The carrier shall
8 provide a Certificate 'of Insurance, naming the City as ar
9 additional insured annually at a date to be determined by the
10 City' s Risk Management Coordinator.
11 Q. Tow vehicles shall be rated at a minimum of 1400C
12 GVW.
13 3 . Towing Carrier shall give or cause to be given written.
14 notice to the registered and legal owners of each vehicle which is
15 towed in conformity with the authorization and requirements of
16 this Agreement concerning the fact of such towing, the place at
17 which such vehicle is stored and the imposition of charges for
18 towing, storage and related services whenever the towing carrier
19 knows or is able to ascertain from the registration records in the
20 vehicle or from the registration records of the Department of
21 Motor vehicles the name and address of the registered and legal
22 owners . The notice shall be given not more than ten (10) days
23 from the date of the towing of the vehicle by the towing carrier.
24 4 . Every tow truck of towing carrier which is subject tc
25 the provisions of this Agreement and which by virtue of this
26 Agreement responds to calls for service by the City, shall be
27 clearly marked on both sides of the cab with the name and
28 telephone number of towing carrier .
3
EXHIBIT "F"
I S . This Agreement may be terminated by either party fc
2 any reason upon the giving of thirty (30) days written notice
3 Should City issue such termination notice, Towing Carrier will t
4 afforded a pretermination hearing before the Police Commission i
5 so requested.
6 6 . Towing Carrier shall be dispatched to, tow calls on
7 per call rotation basis in conjunction with other towing carrier
8 which have entered into agreements with the City.
9 7 . Monthly, Towing Carrier shall submit to the City a lis
10 of all vehicles towed the previous month, including license plat
11 number and VIN.
12 8 . Towing Carrier shall charge for services on calls b
13 the City, in an amount not to exceed the hourly rate set forth b
14 the California Highway Patrol . The minimum charge for service
15 shall not exceed one (1) hour.
16 9 . Standby time for tow trucks will begin one (1) hou-
17 after receipt of calls from the City and is defined to mean th
18 time consumed after the first hour in necessary preparations i
19 order to tow the disabled vehicle and in cleaning up the immediat-
20 surrounding area.
21 10 . In the event that a towed vehicle is forfeited by th
22 owner in accordance with §14607 of the California Vehicle Code
23 the proceeds of the sale of the vehicle shall be distribute-
24 pursuant to §14607 . 6 of said Code .
25 11 . Upon reasonable advance written notice, City shall hav
26 the right to review and audit the books of towing carrier ai
27 towing carrier ' s place of business and during business hours .
28 12 . The parties understand and agree that this Agreemen'
4
L=IT "F"
I grants Towing Carrier a non-exclusive franchise .
2 13 . Towing Carrier shall charge and remit to City on
3 monthly basis a vehicle towing administrative fee per such vehicl
4 towed which shall be set by resolution by the Mayor and Commc
5 Council . Such fee shall not be charged for those individuals w:
6 have had their vehicles towed, stored or impounded as a result c
7 being a victim of a crime (car theft, etc) or those vehicle
8 belonging to any public agency.
9 14 . Towing carrier shall be charged and remit to City on
10 monthly basis a $40 . 00 per vehicle towed franchise fee . Suc
11 vehicle towed franchise fee shall be paid by towing carrier, ou
12 of its profits, and shall not be passed on to the vehicle owner
13 15 . Towing Carrier shall also comply with the minima
14 standards set forth in the California Highway Patrol tow servic
15 agreement as such agreement shall be amended from time to time
16 Where provisions of this Agreement and the CHP tow servic
17 agreement shall be found to be in conflict, the provisions of thi
18 Agreement shall prevail .
19 16 . Towing carrier shall also comply with all provisions o
20 the Resolution of the Mayor and Common Council of the City of Sa
21 Bernardino Establishing Standard Criteria for Companies to Provid
22 Tow Services for the City of San Bernardino as said resolutio-
23 exists and/or as said resolution may be amended from time to time
24 17 . This Agreement represents the entire Agreement betwee
25 the City and the Towing Carrier and fully supersedes any and a1
26 previous Agreements entered into by and between the City of Sa.
27 Bernardino and Danny' s Towing.
28 18 . Any notice_ to be given pursuant to this Agreement b-
5
EXHIBIT "F"
i either party to the other shall be deposited with the Unite
2 States Postal Service, postage prepaid, and addressed as follows
3 To the City: City Administrator
300 North "D" Street
4 San Bernardino, CA 92418
5 To Towing Carrier: Danny' s Towing
2305 W. Highland Ave .
6 San Bernardino, CA
7 Nothing in this paragraph shall be construed to prevent th
8 giving of notice by personal
9 service.
10 IN WITNESS WHEREOF, the parties hereto have executed thi
11 Agreement on the day and date first above shown.
12 CITY OF SAN BERNARDINO
13
By:
14 Mayor Judith Valles
Attest :
15
DANNY' S TOWING
16 "Towing Carrier"
By:
17
18 By:
19 Approved as to Form
and Legal Content :
20
JAMES F. PENMAN,
21 City Attorney
22
By:
23
24
25
26
27
28
6
EXHIBIT "F"
KVAR.p
0t ��
C 7 Y O F
an Bernardino
R A C H E L C L A R K
C I T . C L E R K
July 9, 1998
Danny's Towing
2305 W. Highland Ave.
San Bernardino, CA 92405
At the Mayor and Common Council meeting of July 6, 1998, the City of San Bernardino
adopted Resolution 98-196 authorizing the execution of an agreement for tow services
between the City and Danny's Towing.
Enclosed are one (1) original agreement, and two (2) duplicate original agreements.
Please obtain signatures where indicated and return the (1) original and one (1) duplicate
original agreements to the City Clerk's Office, P.O. Box 1318, San Bernardino, CA,
92418 as soon as possible.
Please keep one (1) fully executed duplicate original agreement for your files.
Please be advised that said resolution will be null and void if it is not executed within
thirty (30) days —August 5, 1998.
If you have any questions, please do not hesitate to contact Melanie Miller at(909) 384-
5002.
Sincerely,
Rachel Clark
City Clerk
RC:mam
Enclosures
P . O . B O X 1 3 1 8 , S A N B E R N A R D I N 0 , C A 9 2 4 0 2
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 I N O .
C A L I F O R N I A 9 2 4 1 8 - 0 0 0 t ( 9 0 9 ) 3 8 4 - 5 0 0 2
( 9 0 9 ) 3 8 4 - 5 1 0 2 F A X - ( 9 0 9 ) 3 8 4 - 5 1 5 9
T D 0 / T T Y - ( 9 0 9 ) 3 8 4 - 5 5 4 0
C i T v o f
z
an Bernardino
�U iN \
R A C H L C L A R K
C I L `! C L E R K
July 9, 1998
Tri-City Towing, Inc.
1661 W. Walnut
San Bernardino, CA 92407
At the Mayor and Common Council meeting of July 6, 1998, the City of San Bernardino
adopted Resolution 98-196 authorizing the execution of an agreement for tow services
between the City and Tri-City Towing, Inc.
Enclosed are one (1) original agreement, and two (2) duplicate original agreements.
Please obtain signatures where indicated and return the (1) original and one (1) duplicate
original agreements to the City Clerk's Office, P.O. Box 1318, San Bernardino, CA,
92418 as soon as possible.
Please return all three (3) originals and they will be fully executed by City staff, then one
(1) fully executed copy will be sent to you for your files.
Please be advised that said resolution will be null and void if it is not executed within
thirty (30) days—August 5, 1998.
If you have any questions, please do not hesitate to contact Melanie Miller at (909) 384-
5002.
Sincerely,
Rac el Clark
City Clerk
RC:mam
Enclosures
P . O . B O % 1 3 1 8 , S A N 0 E R N A R D 1 N O , C A 9 2 4 0 2
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 I N O .
C A L I F O R N I A 9 2 4 1 0 - 0 0 0 1 ( 9 0 9 ) 3 9 4 - 5 0 0 2
( 9 0 9 1 3 9 4 - 5 1 0 2 F A % - ( 9 0 9 ) 3 9 4 - 5 1 5 9
TD 0 I T T V .( 9 0 9 ) 3 9 4 . 5 5 4 0
ata�ARa��
T�
C I T Y O F
z
an Bernardino
o
R A C H E L C L A R K
C I T Y C L E R K
July 9, 1998
Wilson Towing, LLC
2310 E. P Street
San Bernardino, CA 92410
At the Mayor and Common Council meeting of July 6, 1998, the City of San Bernardino
adopted Resolution 98-196 authorizing the execution of an agreement for tow services
between the City and Wilson Towing.
Enclosed are one (1) original agreement, and two (2) duplicate original agreements.
Please obtain signatures where indicated and return the (1) original and one (1)duplicate
original agreements to the City Clerk's Office, P.O. Box 1318, San Bernardino, CA,
92418 as soon as possible.
Please keep one (1) fully executed duplicate original agreement for your files.
Please be advised that said resolution will be null and void if it is not executed within
thirty (30) days—August 5, 1998.
If you have any questions, please do not hesitate to contact Melanie Miller at (909) 384-
5002.
Sincerely,
Rachel Clark
City Clerk
RC:mam
Enclosures
P . O . B O X 1 3 1 8 , S A N S E R N A R D I N O , C A 9 2 4 0 2
3 0 0 N O R T H D S T R E E T S A N D E R N A R D I N O .
C A L I F O R N I A 9 2 4 1 8 - 0 0 0 1 ( 9 0 9 ) 3 8 4 . 5 0 0 2
( 9 0 9 ) 3 8 4 - 5 1 0 2 F A X - ( 9 0 9 ) 3 8 4 - S 1 S 8
T D D / T T Y -( 0 0 9 ) 3 8 4 - 5 5 4 0
evK�aRUrtib
C I T Y O F
an Bernardino
R A C H E L C L A R K
C I T Y C L E R K
July 9, 1998
Big Z Towing, Inc.
274 N. "I" Street
San Bernardino, CA 92410
At the Mayor and Common Council meeting of July 6, 1998, the City of San Bernardino
adopted Resolution 98-196 authorizing the execution of an agreement for tow services
between the City and Big Z Towing, Inc.
Enclosed are one (1) original agreement, and two (2) duplicate original agreements.
Please obtain signatures where indicated and return the (1) original and one (1) duplicate
original agreements to the City Clerk's Office, P.O. Box 1318, San Bernardino, CA,
92418 as soon as possible.
Please keep one (1) fully executed duplicate original agreement for your files.
Please be advised that said resolution will be null and void if it is not executed within
thirty (30) days—August 5, 1998.
If you have any questions, please do not hesitate to contact Melanie Miller at(909) 384-
5002.
Sincerely,
Rachel Clark
City Clerk
RC:mam
Enclosures
P . O . B O X 1 3 1 9 S A N B E R N A R D I N O , C A 9 2 4 0 2
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 I N O .
C A L I F O R N I A 9 2 4 1 8 - 0 0 0 1 ( 9 0 9 ) 9 8 4 - 5 0 0 2
( 9 0 9 ) 9 8 ! - 5 1 0 2 F A X - ( 9 0 9 ) 0 8 t - 5 1 5 8
T 0 D /T T Y - ( 9 0 0 ) 0 8 4 - 3 5 4 0
WAR
C I T Y O F
San Bernardino
G'�DED tN�
R A C H E L C L A R K
C I T Y C L E R K
July 9, 1998 July 13, 1998
2nd Attempt
Leo Wenzel
Loma Linda Towing Loma Linda Auto Towing
1915 S. Tippecanoe Ave 776 S. Lugo Ave.
San Bernardino, CA 92408 San Bernardino, CA 92408
At the Mayor and Common Council meeting of July 6, 1998, the City of San Bernardino
adopted Resolution 98-196 authorizing the execution of an agreement for tow services
between the City and Loma Linda Towing.
Enclosed are one (1) original agreement, and two (2) duplicate original agreements.
Please obtain signatures where indicated and return the (1) original and one (1) duplicate
original agreements to the City Clerk's Office, P.O. Box 1318, San Bernardino, CA,
92418 as soon as possible.
Please keep one (1) fully executed duplicate original agreement for your files.
Please be advised that said resolution will be null and void if it is not executed within
thirty (30) days—August 5, 1998.
If you have any questions, please do not hesitate to contact Melanie Miller at (909) 384-
5002.
Sincerely,
Rachel Clark
City Clerk p
RC:mam P
Enclosures
P . O . S O X 1 3 1 8 , S A N 8 E R N A R D I N 0 , C A 9 2 0 0 2
3 0 0 N O R T H O S T R E E T S A N B E R N A R D I N O .
C A L I F O R N I A 9 2 4 1 8 - 0 0 0 1 ( go 9 ) 3 8 4 - 5 0 0 2
( 9 0 9 ) 3 8 4 5 1 0 2 F A X ( 9 0 9 ) 3 8 4 - 5 1 5 8
T D I T T 0 T Y - ( 0 0 9 ) 3 8 4 . 5 5 4 0
C I T Y O F
z
an bernardino
R A C H c L L A P K
C I T Y C L E H :(
July 9, 1998
Loma Linda Towing
1915 S. Tippecanoe Ave
San Bernardino, CA 92408
At the Mayor and Common Council meeting of July 6, 1998, the City of San Bernardino
adopted Resolution 98-196 authorizing the execution of an agreement for tow services
between the City and Loma Linda Towing.
Enclosed are one (1) original agreement, and two (2) duplicate original agreements.
Please obtain signatures where indicated and return the (1) original and one (1) duplicate
original agreements to the City Clerk's Office, P.O. Box 1318, San Bernardino, CA,
92418 as soon as possible.
Please keep one (1) fully executed duplicate original agreement for your files.
Please be advised that said resolution will be null and void if it is not executed within
thir-ty (30) days—August 5, 1998.
If you have any questions, please do not hesitate to contact Melanie Miller at (909) 384-
5002.
Sincerely,
/
Rach\el Clark
City Clerk
RC:mam
Enclosures
P . O . B O X 1 1 1 9 S A N 0 E R N A R D I N O , C A 9 2 4 0 2
3 0 0 N O R T H D S T R E E T S A N 8 E R N A R D I N 0 .
C A L I F O R N I A 9 2 4 1 8 - 0 0 0 1 ( 9 0 9 ) 3 9 ! - 5 0 0 2
( 9 0 9 ) 3 9 4 - 5 1 0 2 F A X - ( 9 0 9 ) 3 9 4 - 5 1 5 9
T 0 D / T T Y -( 9 0 9 ) 3 9 4 - 5 5 4 0
+ at�tSARp��
C I T Y O F
-
an Bernardino
R A C H E L I L A R K
C I T Y C L E R K
July 9, 1998
City Towing
530 W. 10`h Street
San Bernardino, CA 92410
At the Mayor and Common Council meeting of July 6, 1998, the City of San Bernardino
adopted Resolution 98-196 authorizing the execution of an agreement for tow services
between the City and City Towing.
Enclosed are one (1) original agreement, and two (2) duplicate original agreements.
Please obtain signatures where indicated and return the (1) original and one (1) duplicate
original agreements to the City Clerk's Office, P.O. Box 1318, San Bernardino, CA,
92418 as soon as possible.
Please keep one (1) fully executed duplicate original agreement for your files.
Please be advised that said resolution will be null and void if it is not executed within
thirty (30) days—August 5, 1998.
If you have any questions, please do not hesitate to contact Melanie Miller at (909) 384-
5002.
Sincerely,
/�,
, ,
Rachel Clark
City Clerk
RC:mam
Enclosures
P . O . B O X 1 3 1 8 S A N B E R N A R D I N O , O A 9 2 4 0 2
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 I N O .
C A L I F O R N I A 9 2 4 1 8 - 0 0 0 1 ( 9 0 9 ) 3 8 4 - 5 0 0 2
( 9 0 9 ) 3 8 4 . 5 1 0 2 F A X - ( 9 0 9 ) 3 8 4 - 5 1 5 8
T 0 I T T T Y - ( 9 0 9 ) 3 8 4 - 5 5 ! 0