HomeMy WebLinkAbout25-City Attorney
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ORIGINAL
CITY OF SAN BERNARDINO . REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
City Attorney
Subject: Appeal Hearing Regarding the Termination of
the Tow Services Agreement between the City of San
Bernardino and Wilson Towing
Dept: CITY ATTORNEY
Date: June 16,2005
Synopsis of Previous Council Action:
None.
Recommended motion:
Floor Motion Number 1.
Contact person: James F. Penman
Supporting data attached: Staff Reoort
Ward:
All
FUNDING REQUIREMENTS: Amount:
Source:
Finance:
Council Notes:
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STAFF REPORT
Council Meeting Date: June 20. 2005
TO: Mayor and Common Council
FROM: James F. Penman, City Attorney
DATE: June 17, 2005
AGENDA ITEM: Appeal Hearing Regarding the Termination of the Tow Services
Agreements between the City of San Bernardino and Wilson
Towing, LLC and Big Z Autoworks
In 1999, the Mayor and Common Council passed Resolution 1999-86 establishing
standard criteria for companies to provide tow services for the City of San Bernardino.
Paragraph 99-86 in paragraph 6 limits the number of tow carriers to one company for
35,000 residents of the City. Currently, the City has agreements with 6 tow services. One
of the tow carriers, Hayes Towing, has had an interim agreement since October 1,2001.
The interim agreement is to expire when the Mayor and Council approve a "Selection
Criteria Process" and a permanent tow carrier is selected.
The Police Ad Hoc Committee has been holding meetings to establish the selection
criteria to be presented to the Mayor and Common Council.
Resolution 99-86 incorporated the terms of the California Highway Patrol, Tow
Services Agreement (TSA). The TSA provides that the "sale or transfer of the controlling
interest in a company shall immediately terminate the TSA." The City's Municipal Code
defines when a change of ownership takes places. Two sections are pertinent to this
discussion.
Municipal Code Section 5.04.020B reads in pertinent part as follows:
"No certificate granted or issued under any provision of this Article
shall be transferred or assigned in any manner. . . without the consent of the
City Clerk endorsed thereon. At the time any such business is assigned or
transferred, the person applying for such transfer shall make application for
a business registration certificate. . ."
Municipal Code Section 5.04.026 deals with the transfer of a corporate or
partnership interest in a business as follows:
"A. Any business registration certificate or any permit issued or
granted pursuant to this title is a privilege to be held by the
original permittee or certificate holder thereof. It cannot be
sold, transferred, assigned or disposed or, in whole or in part,
or by voluntary sale, merger, consolidation or otherwise.
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"B. In the event a permittee or certificate holder is a corporation,
a new permit or certificate shall be required when there is an
actual change in control or when ownership of more than fifty
percent (50%) of the voting stock of the permittee or certificate
holder is acquired by a person or group of persons acting in
concert, none of whom already own fifty percent (50%) or more
of the voting stock, singly or collectively.
"C. In the event a permittee or certificate holder is a partnership,
a new permit or certificate shall be required when there is an
actual change in control or when ownership of fifty percent
(50%) or more of the capital or profits of the permittee or
certificate holder is acquired by a person or group of persons
acting in concert, none of whom already own fifty percent
(50%) or more of such capital or profits, singly or collectively."
Recently, the Police Department discovered that two of the companies on the
rotation had changed ownership: Wilson Towing, LLC and Biz Z Auto Works, Inc. On June
3, 2005, the Police Department hand delivered letters to Wilson Towing and Big Z
Autoworks. The letters advised both companies that the towing agreements between the
companies and the City were terminated immediately due to the change in ownership.
Both Wilson and Big Z were further notified that the City is working on the selection criteria
for adding tow carriers to the rotation. Both companies were told they will be able to
reaaply when the selection criteria process is completed.
On June 9, 2005, the City Attorney's Office r'~ceived a letter from J. Patrick Ragan
an attorney representing both Wilson and Big Z. A copy of Mr. Ragan's letter is included
in the back-up materials. The letter from Mr. Ragan demands an appeal on behalf of Big
Z and Wilson from the termination from the tow rotation.
In addition, the owner of Big Z and Wilson in telephone conversations with the
Police Department argued that they should have been given 30 days notice of the
termination.
In light of the appeal and request for 30 day notice, the City Attorney's office
requested the Police Department stay the terminations. Both Wilson and Big Z were
notified by hand delivered letters on June 10, 2005 that the terminations were stayed and
an appeal hearing would be held before the Mayor and Common Council on June 20,
2005. Both companies were also told that the termination would be effective 30 days after
June 10, 2005, if the Mayor and Common Council do not uphold the appeal. If the Mayor
and Common Council uphold the decision to terminate the agreements with Wilson and
Big Z, the agreements will terminate on July 10, 2005.
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INDEX TO EXHIBITS
1. California Highway Patrol Tow Services Agreement for the fiscal year 2004-
2005.
2. California Highway Patrol Tow Services Agreement for the fiscal year 2005-
2006.
3. Resolution of the Mayor and Council Number 1999-86.
4. Agreement for Tow Services between Wilson Towing, LLC and the City.
5. Letter of June 3, 2005 from the Police Department to Wilson Towing, LLC.
6. Letter of June 9, 2005 from J. Patrick Ragan to the City Attorney's Office.
7. Letter of June 10, 2005 from the Police Departmentto Wilson Towing, LLC.
8. Account Details Report of the Business Registration Certificate of Wilson
Towing, LLC.
9. Declaration of Robert L. Simmons.
EXHIBIT 1
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2004 - 2005
TOW SERVICE
AGREEMENT
JlJNE 2004
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TABLE OF CONTENTS
ELEMENT PAGE
1. TO\V DISTIUCTS ...................................................................................................................1
2. ROTATION LISTS .................................................................................................................2
3. TOW TRUCK CLASSIFICA TIONS.....................................................................................4
4. TOW TRUCK DRIVERS .......................................................................................................6
5. RA TES ...................................................................................................................................... 7
6. COLLUSION............................................................................................................................9
7. RESPONSE TO CALLS .......................................................................................................10
8. STORAGE FACILITY .........................................................................................................11
9. INSURANCE ..................................................... .....................................................................13
10. INSPECTI ONS ............................................................................ ..........................................14
11. BUSINESS RECO RDS................................................................................................... .......14
12. FINANCIAL INTEREST ......................................................................................................15
13. ANNUAL J\1EETIN GS ..........................................................................................................15
14. DEl\lEANOR AND CONDUCT...........................................................................................15
15. COMPLIANCE WITH LA W...............................................................................................16
16. C01\1PLIANCE WITH THE TSA .......................................................................................17
17. DISCIPLINARY ACTION ...................................................................................................17
18. TERMS OF DISCIPLINARY ACTION .............................................................................18
19. IfEARIN G/ APPEAL .............................................................................................................19
20. l\'IIDTERJ\f REVIE\V ..........................................................................................................20
21.' AD VERTISIN G .... .................................................................................................................23
22. CANCELLA TION .................................................................................................................23
A 1'1' ACHMENTS
A - DEFINITI ONS ...................................................................................................................... 24
B - EQUIPl\lENT SPECIFICA TIONS..................................................................................... 28
C - APPLICANT'S INSTRUCTIONS FOR C01\1PLETlNG THE CHP 234A AND
CHP 234 B ..........................................................................................................................31
D - OPERA TOR APPROVAL .................................................................................................. 33
II
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STATE OF CALIFORNIA
DEPART.MENT OF CALIFORNIA HIGHWAY PATROL
TOW SERVICE AGREEMENT
CHP 234 (6-2004) OPT 061
This Tow Service Agreement (TSA) contains rules and regulations that a company agrees to
comply with in order to receive a rotation tow listing with the California Highway Patrol (CHP).
Participation in tbe CHP Rotation Tow Program is voluntary. Compliance with all of the terms
and conditions of the TSA is mandatory for tow companies participating in the Rotation Tow
Program. An operator, by agreeing to participate in the program, does not establish a contractual
relationship with the CHP and is not acting as an agent for the CHP or the State of California
when performing services under the TSA. For clarification purposes, definitions are contained in
Attachment A. Attachment B contains alisting of tow truck equipment specifications and
equipment use requirements applicable to all CHP rotation tow operators. Attachment C
contains instructions for completing required application forms. Attachment D contains the
operator approval form.
1. TOW DISTRICTS
A. The CHP Area commander shall establish tow districts for each class of tow truck
to facilitate the distr ibution of calls and meet the needs of the CHP with regards to
response time and availability of tow services. Within each tow district, the Area
cOlllmander shall determine the maximum response time, enrollment period,
reasonable rates. minimum number of trucks, and any applicable waiver of
requirements or addendum.
B. Waiver of requirements shall be in effect no longer than six months following the
application by, and acceptance of, an operator who meets all requirements of the
TSA. Upon expiration of the six-month period, Agreements with operators who
fail to meet the minimum requirements of the TSA shall be terminated.
C. A waiver will not be granted for requirements based upon law or safety
considerations.
D. Exceptions to compliance with the TSA shall not be authorized by verbal
agreement. The exception should be documented as an addendum or waiver.
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2. ROTATION LISTS
A. \Vithin each tow district, the CHP shall maintain separate rotation tow lists for
each class of tow truck to ensure an equitable distribution of calls. Nothing in
the TSA shall prohibit an Area commander or supervisor from requesting a
specific tow company when, in the Area commander's or supervisor's opinion,
the necessary resources to clear a hazard as expeditiously as possible are not
available from the tow company currently at the top of the rotation tow list.
In such an instance, the tow company selected would be the next tow company
on the list which has the qualifications (equipment, skills, timeliness, etc.) to
provide the required service. After the request, the selected company would
then go to the bottom of the rotation tow list and remain there until it rotates
back into its original position. Tow companies on the same list that were by-
passed would remain in the same order until their selection for a rotation tow for
which they are qualified.
A. Nothing shall prohibit a Class A, C, or D operator from maintaining a place on a
lighter class rotation tow list, provided the tow truck meets the equipment
speci ficatiol1s for that class of operation. Regardless of the class of tow truck
utilized or responding to the call, charges shall not be more than for the class of
vehicle towed or serviced, except when vehicle recovery operations require a
larger class of tow truck.
C. A call to an operator shall constitute one turn on the list and the operator shall
be moved to the bottom of the list. This includes when the operator fails to
answer the phone, is unable to respond, is unable to perform the required
service, refuses to respond or provide service, or is canceled due to excessive
response time. If it is determined that the operator is not needed and IS canceled
by the CHP, up to and including arrival at the scene and standby time which
does not result in a tow, there shall be no charges and the operator will be
placed back at the top of the list.
I) If the operator is canceled by the vehicle's owner or agent prior to the
operator taking possession of the vehicle, there shall be no charges for
towing. The operator shall immediately contact the CHP and advise
them of the cancellation. The operator will then be placed back at the
top of the list.
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2) If service, other than towing and recovery, has begun and is canceled by
the vehicle's owner or agent, the operator may charge one-half of the
regular hourly service charge for the time expended on the call. For
purposes of cancellation, service begins when physical work on the
vehicle has begun, not the response. No lien shall arise for the service
unless the operator has presented a written statement to the vehicle's
owner or agent for the signed authorization of services to be performed.
The operator shall not attempt to take possession of the vehicle in order
to establish a lien for any non-towing services performed, or begun and
subsequently canceled, when not entitled to such lien by law. Refer to
Civil Code Section 3068.] for when a lien begins.
D. Area commanders may establish local policy which allows an operator to
dispatch more than one tow truck to a multiple vehicle collision scene in
response to a rotation tow call.
E. If two or more operators are called to the same incident, distribution of the
vehicles shall be at the discretion of the CHP Incident Commander.
F. An operator shall have a business office and storage facility located within the
district he/she serves, unless this requirement is waived by an Area commander.
1) The Area commander may establish a maximum radius for the location
of a business office from which an operator may provide service for a
tow district.
2) An operator shall provide service in only one Area command unless
waived by both adjacent Area commanders, and with concurrence of the
Division commander.
3) A secondary storage facility does not qualify an operator for an
additional tow district unless this requirement is excused by the Area
commander based upon a specific need.
G. Operators applying for a rotation tow listing shall have a minimum of three (3)
verifiable years for-hire towing experience, as an owner or principal, prior to the
final filing date of an enrollment period in order to qualify for a rotation tow
listing.
I) Operators and owners who do not meet the three year verifiable
for-hire towing experience may be considered for a position on the CHP
rotation tow list if a full-time manager who possesses the required tow
management experience is employed by the company. The manager
shall have the authority to conduct all company business and to sign the
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TSA and the Application for Rotation Tow Listing (CHP 234A), If the
manager ceases to be employed by the company, the TSA will be
terminated until a new manager can be approved by the CHP. The CHP
will evaluate the new manager's experience and require him/her to sign
the TSA and CHP 234A for the company. An owner/operator who
releases vehicles, completes lien sale paperwork, and other tow business
related documents for three years in the company, with the qualified
manager, will fulfill the three years for-hire-towing experience
requirement.
2) Ownership status will be investigated and determined by the CHP.
3. TOW TRUCK CLASSIFICATIONS
A, An operator shall equip and maintain tow trucks covered under the TSA in
accordance with the provisions set forth in the California Vehicle Code (VC),
Title 13 of the California Code of Regulations (Title 13), the specifications
contained in this TSA, and in a manner consistent with industry standards and
practices.
]) All tow trucks shall have recovery capabilities, wheel lift capabilities, and
a boom meeting the specifications contained in this TSA. Class D tow
trucks used exclusively for salvage and recovery operations are not
required to possess underlift capabilities.
2) An operator who has a car carrier is exempted from the recovery, wheel
lift, and boom capability requirements. However, the car carrier must be
an additional unit.
B. A violation of the Gross Vehicle Weight Rating (GVWR) and safe loading
requirements of a tow truck may be cause for immediate suspension. This
includes exceeding the tow truck's GVWR, front axle weight rating, rear axle
weight rating, maximum tire weight ratings, or not maintaining 50 percent of the
tow truck's unladen front axle weight on the front axle when towing.
C. There will be four classes of tow trucks covered under this TSA. The Area
cOlllmander may require more than one tow truck in each class in tow districts
where rapid response for congestion relief is required.
] ) Class A - Light Duty
a) An operator shall maintain a minimum of one tow truck which has
a manufacturer's GVWR of at least 10,000/14,000 pounds.
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b) The Area commander may require that an additional required tow
truck be a car carrier.
c) Tow companies continuously used on rotation for the CHP, whose
equipment was previously approved and owned by the same
operator but lacks wheel lift capabilities, may continue to apply for
and receive a Class A rotation tow listing.
2) Class B - Medium Duty
a) An operator shall maintain a minimum of one tow truck with a
GVWR of at least 19,50 I pounds. The truck shall be equipped
with air brakes and a tractor protection valve or device, and be
capable of providing and maintaining continuous air to the towed
vehicle.
b) Tow companies continuously used on rotation for the CHP, whose
equipment was previously approved and owned by the same
operator but lacks wheel lift capabilities, air brakes, and/or a
tractor protection valve or device, may apply for and receive a
Class B rotation tow listing if the tow truck is capable of supplying
continuous air to the towed vehicle from its engine mounted air
compressor and is equipped with an air gauge.
c) Class B tow trucks that are not equipped with portable tow dollies
24 hours a day, 7 days a week will not be allowed to operate on a
Class A rotation tow list.
3) Class C - Heavy Duty
a) An operator shall maintain at least one three-axle tow truck with a
GVWR of at least 33,000 pounds. The truck shall be equipped
with air brakes and must be capable of providing and maintaining
continuous air to the towed vehicle.
b) Tow companies continuously used on rotation for the CHP, whQse
equipment was previously approved and owned by the same
operator but lacks wheel lift capabilities and/or three-axles, may
apply for and receive a Class C rotation tow listing.
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4) Class D - Super Heavy Duty
a) An operator shall maintain at least one three-axle tow truck with a
C;VWR of at least 50,000 pounds. The truck shall be equipped
with air brakes and must be capable of providing and maintaining
continuous air to the towed vehicle.
b) This class of tow truck should be used exclusively for salvage and
recovery operations.
D. To properly and safely tow and service the wide variety of vehicles being
operated on the highway, a towing procedure may require the use of auxiliary
equipment specifically designed for the purpose. This auxiliary equipment should
be used when appropriate.
4. TOW TRUCK DRIVERS
A. The opcrator shall ensure that tow truck drivers responding to calls initiated by
the CHP are qualified and competent employees of the operator's company. The
operator shall ensure that the tow truck drivers are trained and proficient in the
use of the tow truck and related equipment, including, but not limited to, the
procedures necessary for the safe towing and recovery of the variOUS types of
vehicles serviced through CHP rotation. Tow truck drivers shall be at least 18
years of age and shall posscss the proper class license and certificates for the
tOIVed and towing vehicle. Class A licenses must be endorsed to allow operation
of special vehicle configurations and/or special cargoes.
B. Thc operator shall maintain a current list of drivers.
I) The operator shall provide a current list of drivers to the Area upon
implementation of this TSA. The operator shall notifY the Area upon any
change in driver status, including the addition of any new drivers, or the
deletion of any drivers. An updated list shall be provided to the Area
within seven calendar days of any change in driver status.
2) All driv~r5 are required to complete and sign the Tow Operator/Driver
Information Sheet (CHP 234F).
C. All tow lruck drivers and owner/operators shall be enrolled in the Pull Notice
Program.
I) Upon the addition of new drivers, an operator will be granted a maximum
of 30 days to enroll drivers in the Pull Notice Program.
2) Pull Notices shall be kept on lIIe, signed, and dated by the operator.
6 of 33
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3) Area commanders may require an operator to provide copies of Pull
Notice Reports to the Area.
5. RA TES
A. Fees charged for calls originating from the CHP shall be reasonable and not in
excess of those rates charged for similar services provided in response to requests
initiated by any other public agency or private person. The reasonableness of the
kes charged will be determined in the following manner:
]) The operator shall submit a retail hourly rate to the Area commander. The
Arca commander shall determine the validity and reasonableness of the
submitted rates.
a) Validity will be based upon factors such as: telephone quotes,
posted rates, charges to retail customers, etc. Any submitted rate
in excess of an operator's usual customary retail rate quoted over
the phone and posted in the company office will be considered
invalid and will not be accepted.
b) Reasonableness shall be determined as compared to other rates.
An operator who ~ubmits a rate that is determined to be excessive
shall be allowed to resubmit rates only once.
2) In an effort to remain competitive in the open market, the operator may
lower retail rates at any time by notifying the CHP. When an operator
lowers the retail rate, that retail rate becomes the new approved rate.
Operators may only raise rates during enrollment periods or upon approval
after a midterm review.
3) Any operator who charges rates above the submitted rates for a CHP call
shall be in violation of the TSA and subject to disciplinary action.
B. The rate for towing shall be computed from portal to portal. Time expended shall
be charged at a rate not to exceed the hourly rate. Time expended in excess of the
minimums shall also be at the hourly rate in no more than one-minute increments.
There shall be no additional charges for mileage, labor, etc.
]) The operator may charge up to a thirty-minute minimum per call for any
service or tow which is performed when the vehicle operator or agent is
present and the vehicle is not stored at the direction of an officer.
2) The operator may charge up to a one-hour minimum per call on responses
which result in storage of a vehicle at the direction of an officer.
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3) The operator shall base towing charges upon the class of vehicle being
towed, regardless (lfthe class of truck used, except ""hen vehicle recovery
operations require a larger class truck,
C J{ates for a service call (out of gas, lockouts, tire changes, etc.) shall be from
pOl1al to end of service, and may be at the hourly rate with a thirty-minute
minimul1l. Charges in excess of thirty minutes may be charged in no more than
one-minute increments.
D. Fees for Special Operations
I) For special operations involving Class S, C, and D tow trucks, the
operator shall submit the proposed fees for vehicle recovery operations
and load salvage operations to the Area commander. Fees shall be
reasonable and consistent with industry standards for similar operations.
Charges in excess of thirty minutes may be charged in no more than
(me-minute increments.
a) Hourly rates shall be established for the following:
(I) Auxiliary and contracted equipment, e.g., airbags,
converter gear/dolly, additional trailers, fork lift, front
loaders, etc.
(2) Contract labor.
b) Based upon the average of the proposed fees submitted and a
comparison 10 industry standards for similar operations, the Area
commander shall determine Ihe reasonableness of the fees for these
types of operations.
2) Operators shall submit a mark-up rate (percentage of the cost to the
operator) for retail equipment and specialized labor not otherwise listed on
the application.
3) I f an operator performs a service for which a required rate was not
submitted and approved by the Area, the operator shall only be entitled to
charge for the actual cost of that service. Example: contract labor rate not
submitted, the operator may only charge for the actual rate paid for the
labor,
E. The charge for after-hours release shall be no more than one-half the hourly rate,
and shall only be allowed on weekends, holidays, and outside normal business
hours,
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F, Storage Fees
J) The operator shall submit proposed storage fees for inside and outside
storage to the Area commander. Based upon the average of the proposed
fees submitted by those applying for rotation, the Area commander shall
determine the validity and reasonableness of the fees for inside and
outside storage, Fees for inside storage shall be charged only when inside
storage is requested by the CHP, registered owner, legal owner, insurance
company, or when the inside storage can be justified by the tow operator.
2) The operator shall display in plain view at all cashiers' stations, a sign as
described in Section 3070 of the Civil Code, disclosing all storage fees
and charges in force, including the maximum storage rate,
3) V chicles stored 24 hours or less shall be charged no more than one day
storage,
4) Storage of vehicles in combination may be charged a per vehicle rate
except for dollies, cen-gear, etc. Dollies and con-gear may be charged a
storage rate not to exceed Class A storage fees.
G. Elelllcnt 5, Rates, Gfthe TSA shali not appl:' if the operator responds to a CHP
cdl in it location wherc towing rates for all tow companies are established by a
city or county ordinance.
H. The approved schedule of rates charged by the operator shall be available in the
tow truck, and shall be prcsented upon demand to the persons for whom the tow
services were provided, their agent, or any CHP officer at the scene.
I. Rate rcquirements represent the maximum an operator may charge on a CHP call.
A.n operator is not precluded from charging less when deemed appropriate by the
operator. These requirements shall not be construed as requiring a charge if an
operator would not normally charge for such service.
1. No operator or employee shall refer to any rate as required or set by the CHP.
6. COLLUSION
A. An operator and/or applicant shall not conspire, attempt to conspire, or commit
any other act of collusion with any other operator or applicant for the purpose of
secretly, or otherwise, establishing an understanding regarding rates or conditions
to the TSA that would bring about any unfair condition which could be prejudicial
to the CI-j P, the motoring public, or other operators.
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B. A finding by the CHP that any operator or applicant has been involved in
collusion shall be cause for denial or an application or shall null if), the TSA. Any
opemtor or applicant found to be involved in any act, or attempted act of
collusion. shall be disqualified from participation on all CHP rotation tow lists for
the CLlITCllt tenn. plus three years.
7. RESPO~SE TO CALLS
A. The operator shall respond to calls 24 hours a day, seven days a week, within the
maximum response time limits as established by the Area commander and as
specified in Element I, Tow DistrIcts, of this TSA. The operator shall respond
with a tow truck of the class required to tow the vehicle specilied by the CHP.
The operator shall advise CHP dispatch, at the time of notification. if they are
either unable to respond or unable to meet the maximum response time. If, after
accepting the call, the operator is unable to respond or will be delayed in
responding, the operator shall immediately notifY the appropriate CHP
Communications Center. The operator shall not assign any calls to other tow
operators,
J) A failure to respond to perform the required towing or service and/or
J"f~peated failures to meet the maximum response time requirePlents shall
constitute failure to comply with the terms and conditions of this TSA..
2) The Area commander may take immediate disciplinary action for any
Violation of the requirement to respond within the maximum response
l i lI1e,
3) \Vhcn an operator will be temporarily unavailable to provideservices due
to a pre-planned or scheduled activity, the operator shall notifY the Area
command at least 24 hours prior to the date that services will be
unavailable, noting the times and dates of the unavailability.
B. The tow operator, or operator's employees responding to a call, shall perform the
towing or service required for which they were called unless the requested
equ ipment is inadequate for the service to be performed.
C. Only the lOw truck personnel and equipment requested shall respond to a CHP
call. An operator shall not respond to a CHP call assigned to another operator
unless requested to do so by the CHP.
]) This shall not preclude the operator from responding to an incident to
ascel1ain if additional assistance or equipment is required. There shall be
110 additional charge for any personnel or equipment that is not necessary
to perform the required service.
10 of 33
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2) There may be times when the operator assigned the initial call may require
the assistance of an additional operator at the scene, The operator
assigned the initial call may, subject to prior agreement with the Area
commander and with the concurrence of the Incident Commander, request
a specific operator for assistance, The request shall be routed to the
additional operator through the CHP.
3) There may be times when an operator, who was not called to a scene,
comes upon a collision scene where a vehicle or vehicles are blocking a
roadway and an officer requests assistance in clearing the roadway, In
sllch a case, the operator may be requested to move the vehicle to a safe
location, as directed by the officer, and leave it. There shall be no charge
for this assistance and the assistance provided shall not change the
operator's place in the rotation.
8. STORAGE FACILITY
A. The l1perator shall be responsible for the security of vehicles and property at the
place ohtorage. NO WAIVER, HOLD HARMLESS AGREEMENT, OR
OTHER SIMILAR RELEASE AND/OR INDEMNIFICATION AGREEMENT
SIJ;\LL BE REQUIRED BY THE OPERATOR AS A CONDITION TO THE
RELEASE Of A VEHICLE TOWED TO AND STORED AT THE PLACE OF
STORAGE. At a minimum, a fenced or enclosed area shall be provided. The
operator is responsible lor the reasonable care, custody, and control of any
properly contJincd in towed or stored vehicles.
B. The operator shall obtain approval from the CHP prior to the removal of any
property from a stored or impounded vehicle and shall provide a receipt, with a
copy placed in the stored vehicle. The requirement to obtain approval from the
CHP prior to the removal of property may be excused by the Area commander if
it is determined that proper safeguards and procedures are utilized by the operator.
J) This requirement may not be waived in cases where a vehicle has been
impounded for evidence or investigation.
2) u_ Upon approval from the CHP, the operator shall release personal property
from an impounded vehicle at the request of the vehicle owner or agent.
a) There shall be no charge for the release of personal property during
normal business hours. Operators may charge an after hours
release fee for property released after normal business hours,
consistent with the after-hours vehicle release provisions.
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b) Personal property is considered to be items which are not affixed
to the vehicle. Personal property from a stored vehicle shall be
released upon request of the vehicle owner or agent. Responses
are mandatory on weekends, holidays, and outside normal business
hours, provided the vehicle's current owner or owner's authorized
agent are available for return of personal property. Payment for an
after-hours release of property may be required at the time of the
release.
3) Cargo shall be released upon demand of the carrier or pursuant to a court
order.
C. The primary storage facility shall normally be at the same location as the business
addl'ess. lrnot at the same location, there shall be no charge for any additional
d istancc traveled to and from a secondary location. The vehicle and/or personal
properly shajl be released at the primary storage facility or place of business upon
request orthe owner or a person having a legal entitlement to the vehicle and/or
property.
1) Prior to the utilization of new storage facilities that were not listed on the
application for rotation tow listing, the operator shall furnish the address
and obtain the Area commander's approval.
2) Secondary storage facilities shall be located reasonably close to the main
business office.
D. Tow opcmtors shall maintain sufficient storage spaces.
E. An operator's place of business shall have a sign that clearly identifies it to the
public as a towing service. The sign shall have letters that are clearly visible to
the public from the street. The sign shall be visible at night.
F. For the purpose of the TSA, "normal business hours" shall not be less than 8 a.m.
to 5 p.m., Monday through Friday, except for the following state recognized
holidays: New Year's Day, Martin Luther King Day, Lincoln's Birthday,
Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day,
Veterans' Day, Cesar Chavez Day, Thanksgiving Day, day after Thanksgiving
Day, and Christmas Day.
G. Business hours shall be posted in plain view to the public. Offices staffed with
only one employee may be closed for one hour at lunch. A sign shall be posted
with the reason for closure. The sign shall have a phone number where a request
will result in an immediate response to release property or vehicles. Response to
the office shall be within the time frame required for a normal CHP Class A tow.
]20f33
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H. Employees shall be properly trained to conduct business transactions related to
towing, storage, and release of vehicles/property.
J. The release of vehicles shall be conducted in accordance with Area procedures.
The Area commander shall ensure that proper provisions are in place for the
release of all impounded vehicles. Tow companies shall respond for after-hours
relcase of vehicles when requested by the current registered owner or owner's
authorizcd agent.
9. INSURANCE
A. The operator shall maintain the following minimum levels of insurance from an
insurance carrier admitted in California, or admitted in the state in which the
operator's business is located, and is authorized to do business in California:
I) ivl inil11um Level of Financial Responsibility (as required by
Section 34631.5 of the California Vehicle Code) - Bodily injury and
property damage with a combined single limit of not less than $750.000
Il)r Class A tow trucks. The combined limits for Classes B, C, and D shall
11()t be less than $ J ,000,000. These minimum standards are to include
illln-owned and hired auto coverage.
2) Uninsured Motorist - Legal minimum, combined single limit.
3) On-Hook Coverage - Insuring the vehicle in tow with limits based on the
size of the tow truck.
a) Class A tow trllck..............................$25,000
Il) Class B tow truck..............................$50,000
C) Class C tow truck............................$100,000
ti) Class D tow truck............................$IOO,OOO
4) Garage Liability - Includes premises and operations. Coverage for bodily
injury and property damage with a combined single limit of not less than
$500,000.
5) Garage Keepers Liability - Shall be the same minimum as on-hook
coverage for vehicles in the care, custody, and control of the operator in
the storage yard.
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B. Proof 0 r i I1surance shall be in the form of a certificate of insurance. Pol icy
expiration or cancellation will immediately nullify the TSA. The operator's
insurance pol icy shall provide for not less than 30 days written notice to the CHP
in the event the insurance policy is canceled or is due to expire.
10. INSPECTIONS
The CHP shall provide for not less than one annual inspection of all tow trucks at no
charge to the operator. The CHP may conduct additional inspections without notice
during normal business hours. The operator shall not dispatch a tow truck that has not
been inspected and approved by the CHP. The CHP shall inspect a tow truck within
thirty days of a request from an operator. Any operator who fails an inspection is entitled
to only one reinspection. Failure to pass the reinspection shall be cause for the
disquaJiticalion of the tow truck from use on CHP rotation. The tow truck shall be
disqualified until the next enrollment period.
11. BUSINESS RECOHDS
A. The operator shall maintain records of all tow services furnished. The records
will be maintained at the operator's place of business. Invoices shall at a
minimum include a description of each vehicle, nature of service, start time, end
time, location of call, itemized costs of towing and storage, the tow !luck driver's
name, and truck used.
B. The operator shall also maintain business records relating to personnel, insurance,
personnel taxes, payroll, applicable operating authorities, local operating
authorities, lien sale actions, Federal Communication Commission licensing, and
non-OW tows.
C. The ClIP may inspect all operator records without notice during normal business
hours.
D. Operators shall permit the CHP to make copies of business records at their place
of business, or to remove business records for the purpose of reproduction. The
CHP shall provide a receipt for any (original) records removed from the place of
business.
E. Records shall be maintained and available for inspection for a period of two years
plus the current term of this TSA.
F. Failure of the operator to comply with the inspection requirements shall be cause
for suspension.
140f33
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12. FINANCIAL INTEREST
A, No operator or applicant shall be directly involved in the towing-related business
of any other operator or applicant within the same tow district.
B. Storage facilities owned by an operator, and shared with another operator, shall
only be approved if the owner/operator charges for the space exclusively on a flat
monthly rate rather than a vehicle-by-vehicle basis, or combination thereof.
facilities shared by operators shall be physically separated and secured from each
other. Area commanders may delete this requirement if deemed appropriate.
C. The sale or transfer of the controlling interest in a company shall immediately
terminate the TSA. A new owner may apply for a rotation tow listing at any time
during the remainder of the current TSA term, regardless of the Area's enrollment
period.
D. A terminated or suspended operator. and/or the tow business owner at the time of
the suspension or termination, shall not be eligible for a rotation listing for the
duration of the suspension or termination. This provision applies to the operator
working in any capacity within any tow business or operating any tow business,
and to the tO\\ business, even if operated under new ownership.
13. ANNUAL MEETINGS
The Area commander shall conduct, at a minimum, one annual meeting to discuss issues
concerning the tow rotation. All meetings shall be mandatory for the operator or
operator's designee wishing to remain on rotation. The CHP shall give the operator 30
days written notice of these meetings.
14. DEMEANOR AND CONDUCT
A, While involved in CHP rotation tow operations or related business, the tow
operator and/or employees shall refrain from any acts of misconduct including,
but not limited to, any of the following:
1) Rudc or discourteous behavior.
2) Lack of snvice, selective service, or refusal to provide service which the
operator is/should be capable of performing.
3) Any act of sexual harassment or sexual impropriety.
4) Ullsale driving practices.
5) Exhibiting any objective symptoms of alcohol and/or drug use.
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6) Appearing at the scene of a CHP rotation tow call with the odor of an
alcoholic beverage emitting from the driver's or employee's breath. The
opcrator/tow truck driver shall submit to a preliminary alcohol screening
test upon demand of the CHP.
B, All CI-JP-related tow service complaints received by the CHP against a tow
operator or tow operator's employees will be accepted and investigated in a fair
and impartial manner. In any event, the operator will be notified of the results of
any investigation.
C. Should the jiJ ing of criminal charges be a possibility, the CHP will conduct the
investigation to conclusion or assist the lead investigating agency and, if
warranted, request prosecution.
15. COMPLIAl'ICE \VlTH LA W
A. The tmy operator and employees shall, at all times, comply with federal, state, and
local Jaws and ordinances.
I) I n the evcnt of a minor traffic violation by a rotation tow truck driver
which is known by the CHP, the tow operator shall be advised of the
violation by the CHP. The tow operator will be granted the opportunity to
take neccssary steps to ensure that the driver complies with the law. Any
subsequcnt traffic violations may be causc for disciplinary action against
the operator and/or the involved employees.
2) Any Ilagrant traffic violation may be cause for immediate disciplinary
action against the operator and/or the involved employees.
B. The provisions contained in Element 15, Compliance with Law, do not preclude
the CHP Ii-olll taking appropriate enforcement or administrative action for any
violations of lal\'. Complaints for violations of the law not normally investigated
by CHP will be referred to the agency with investigation jurisdiction.
C. Any conviction of the operator or employee involving a stolen or embezzled
vehiclc, ti'Jud rclated to the towing business, stolen or embezzled property, a
crime of violcllce, a drug-related offense, felony driving while under the influence
of alcohol and/or a drug, misdemeanor driving while under the influence of
alcohol and/or a drug, or moral turpitude while involved in a CHP rotation tow
caJl shall be caLise for removal of the employee from the list of current CHP
rotation tow trLlck drivers, denial of operator application, or termination of the
TSA.
D. An operator or cmployee arrested/charged for a violation involving any of the
above crimcs may be suspended until the case is adjudicated.
160f33
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16. COMPLIANCE \\lITH THE TSA
A. The oper<1lor agrees, as a condition of inclusion on the rotation tow list, to comply
with the tel"l11S and conditions of the TSA. Furthermore, the operator agrees that
failure by the operator or the operator's agent to comply with these terms and
conditions shall be cause for written reprimand, suspension, or termination from
the CHP mtillion tow lists.
B. Alleged vio/iltions of the TSA will be investigated by the CHP Area covered by
the TSA. Ihe operator will be notified of the CHP Area's findings within 30
calendar days of the conclusion of the investigation.
17. DISCIPLINAHY ACTION
A. The Area cOl11mander shall take disciplinary action against operators for
violations investigated and confirmed or sustained. Unless otherwise noted, the
Area coml11ander shall determine the period of suspension. The Area commander
shall retain discretion regarding the length of any suspension imposed pursuant to
the terms illld conditions of this TSA.
I3. Records u/ \' io/alions shall be retained by the C!-IP for at least 36 months.
C. Disciplinilry i1clion taken against an operator by an Area commander should be
honored by all CHP Areas being serviced by the operator in question.
D. A violation oflhe equipment requirements related to safety shall be cause for
immediatc suspcnsion. The suspension will remain in effect until the period of
suspension is completed and the CHP has conducted an inspection and concluded
the operator is in compliance.
E. A violalic}11 of the GVWR and safe loading requirements of a tow truck may be
cause Illl' imll1edlate suspension. This includes exceeding the tow truck's GVWR,
front axk weight rating, rear axle weight rating, maximum tire weight ratings, or
not maintaining 50 percent of the tow truck's unladen front axle weight on the
hont axle \\hen in tow.
F. A violation of intentionally overcharging or a pattern of overcharging shall be
calise for sLlspension. The suspension will remain in effect until the period of
suspension is completed and the operator has presented proof to the CHP that
reimbursement has been made to the aggrieved customer.
G. CHP persol1nel shall not be offered gratuities and requests for gratuities shall not
be honored b) to\y company operators, employees, or associates of the company.
A violatlun of this section shall be cause for suspension or termination.
17 of 33
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H. Any uns:ltisfactory rating based upon any safety violation of the Biennial
lnspectio!l of Terminals (BIT) Program shall be cause for suspension, The
suspensioli will remain in effect until the period of suspension is completed and
the operator has presented proof of compliance with the BIT requirements, Any
unsatisfacl(1ry rating may be cause for suspension, Failure of the operator to
satisfy a court order mandating reimbursement to the vehicle or property owner
for the damage or loss which o~curred while the vehicle was in the operator's
custody will result in a suspension. The suspension will remain in effect until the
period of suspension is completed and the operator has presented proof of the
reimburscment.
1. Failure of the operator to comply with the inspection requirements of this TSA
will result in a suspension. The suspension will remain in effect until the period
of suspension is completed and the operator has complied with the inspection
requircmcllt.
J. Failure of lhe operators to send tow truck drivers on CHP calls who are qualified
and competent employees shall be cause for suspension. The suspension will
remain in effect until the period of suspension is completed and the operator has
presented proof to the CHP that the driver is qualified and competent.
K. Fai lure of [he operator to maintain the minimum insurance requirements set forth
in the TSA will immediately nullify the TSA. The operator will be subject to an
additional ~;uspcnsiol1 for failure to notify the CHP in advance of the insurance
policy c\j,ratir.lll or cancellation.
L. Failure olllle operator or employee to comply with Element 14, Demeanor and
Conduct. ,uld/or Element! 5, Compliance with Law, may be cause for suspension
if deemed appropriate by the Area commander.
M. If the oper:ltor I, serving a sLlspension for one year or more, the operator shall be
required to comply with all terms and conditions of the current TSA at the time of
the reinstatement. There will be no approval of equipment that is not in
compl iance with the e~ujpment specifications contained in the TSA at the time of
reinstatement. Elements of this TSA which are commonly referred to as
"grandl:itlier c l:lUses" shall no longer apply to the operator who ,is suspended for
one year lll' mure.
18. TERMS OF DI.SCIPLINARY ACTION
A. Except as spcci Ilcally stated in the TSA, minor violations of the terms and
conditions uftlle TSA may be cause for disciplinary action in the following
manner:
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J, First violation within a 12 month period -letter of written reprimand,
2, Second violation within a 12 month period - 1 to 30-day suspension,
3, Third violation within a 12 month period - 60 to 90-day suspension,
4, Fourth violation \.\ithin a 12 month period - termination of the TSA,
Note: In lieu of termination, the CHP may impose additional suspensions
Jor longer periods, if deemed appropriate,
J3. V iolations of the terms and conditions of the TSA that are subject to suspension
for the tirst violation are categorized as major violations, Any subsequent or
continuing major violation may be cause for termination,
], \lv'hen considering punitive action for a major violation of the TSA, an
^ rea cOlllmander may take into consideration all major and minor
violations that occurred within 36 months prior to the date of the current
violation,
2, TCillliJlalion shall be invoked it: in the CHP'sjudgment, continued
p~lrlicipalion in the Rotation Tow Program by the affected tow operator
Inay result in a hazard to public safety and/or welfare, or the operator has
l:cen convicted of a crime listed in Element 15C
3, In lieu of termination, the CHP may impose additional suspensions for
longer periods, if deemed appropriate,
C. Nothing herein shall be deemed to prohibit the CHP from immediately
suspending any operator or employee whose conduct, in the opinion of the Area
commander, is deemed to be a danger to the motoring public or who has engaged
in conduct constituting a flagrant violation of the TSA,
19. HEARING/APPEAL
A, In the event the CHP serves the operator with disciplinary action, the operator
may request a hearing within seven calendar days by submitting a request in
\\Titing to the Area commander. If a hearing is requested, it shall be held as soon
as practi:::able, The hearing shall be conducted by the Area commander or
designee, ~lnd the operator shall be entitled to present all relevant facts and
19 of 33
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circumstiJnces in support of the operator's position. The operator shall be further
entitled to present testimony of at least one qualified person. The operator shall
be notified in writing of the Area commander's decision(s) within ten business
days of t! Ie date of completion of the hearing.
B. FoJlowillg a hearing, if the operator is dissatisfied with the Area commander's
decision(s), the operator may appeal by submitting a request in writing to the CHP
Division cOl1lmander within seven calendar days. Ifan appeal is requested, it
shall be held as soon as practicable. The appeal shall be conducted by the
Division commander or designee. The operator shall have the same rights as
those provided at the Area level. The operator shall be notified in writing of the
decision(s) of the Division commander within ten business days of the date of the
appeal. The Division commander's decision(s) shall be subject to no further
admin iS1T~llive clppcal.
C. A suspellsllln shall not take effect until the hearing and appeal process has been
exhausted. with the exception of operators whose conduct is deemed to be a
danger to the motoring public or who continue to violate the terms and conditions
of this TS!\, I r an operator fails to request a hearing or appeal within the
specified lime or fails to appear at a scheduled hearing or appeal, the action taken
by Ihe ('II!) Area commander shall be final and the suspension shall take effect
upon wriuen nOlitication to the operator by the Area commander.
20. MIDTERl\l REVIEW
A. The PUlp,y;e oltl1 IS section is to provide a process for a midterm review of the
terms :llld conditions of the TSA in the event that there is a legitimate and
SUbSt:1I1ll;iI ch~lngc in conditions or law affecting the majority of the operators
within an /\rea or the CHP, Examples of conditions may include, but are not
limited I\):
I) Substantial increase or decrease in business expenses.
2) Advances ill technology in the industry related to safety issues.
3) Changcs in law requiring the CHP or the operators to perform specific
1IIIIClI011S or operations in order to comply.
4) C'h;lnges in the terms and conditions of the TSA brought about as a result
u:' ,'ecoll1l11t:ndations from the Tow Service Agreement Advisory
CUl11millee and approved by the Commissioner or the Commissioner's
dc:;ignce,
20 of 33
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5) Proposed changes to the terms and conditions agreed upon by the Area
commander and the operators within an Area at the time that the TSA was
signed (e.g., response times).
B. A midterm review of the terms and conditions of the TSA in a particular Area
may only be granted by the Commissioner.
I) A ;l:quest fOl" a midterm review of the terms and conditions of the TSA
sl1:1I1 be communicated to the Area commander, in writing, from a
rL'preselltative of the towing industry, not merely at the request of a single
l1pCl"ator. The Area commander may also request a midterm review if it is
ill the best interest of the motoring public, the tow industry, and/or the
Dcpartment. The Area commander will route all legitimate requests for
Illldtcnll review, with all pertinent information, through channels to the
CHliee of the Commissioner.
2) Conditions indicating a need for midterm review must be substantial and
IJI1Ist affcctthe entire towing industry or the CHP.
~,ole: For purposes of this TSA, the midterm review process is not
illlL'nded to provide relief for a small number of operators who wish to
illuease their rates, or change any other term or condition ofth:: TSA, to
u'llipensate for IinanciaJ problems brought about as a result of business
cil:eisions or conditions which affect a small percentage of the industry.
3) t\ midterm review will not be conducted if there are 60 days or less
rClJlaining in the term of the TSA.
C. A midtcrlll review, when granted by the Commissioner or designee, will not
aUlomalie;lIly authorize a change in the terms and conditions of the TSA. If a
midterm levicw is announced by the Commissioner or designee, it is the
responsihility orlhe affected Area commander to conduct a review of the
conditiol!:; which initially caused the request to be communicated and to
dctenn illL' if the ch;lngc is justi ficd.
] ) I L iI Itcr eval uating all pertinent information, an Area commander
aulilOrizes or directs a change in the terms and conditions of the TSA, or if
a change is not j usti fied, the Area commander shall notify the towing
industry representative within] 4 calendar days of the date of the
COlllmissioncr's announcement authorizing the midtcrm review.
,I; Operators shall resubmit their proposed changes in writing to the
I\rea cOlllmander within seven calendar days of the date that the
Area commander announces the decision(s). Failure to resubmit a
2101'33
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written proposal within the specified time frame may result in the
operator forfeiting the ability to propose more equitable conditions
or rales, or may be cause for disciplinary action or termination of
the TSA.
~) I r the proposed change affects tow rates only, operators shall be
permitted to resubmit their proposed rates on a new CHP 234A.
The new application shall contain only the information pertinent to
the rate proposals,
c) The Area commander shall determine the reasonableness of the
rate, based upon the average of the proposed rates submitted,
Once approved, an additional page with the new rates shall be
signed and attached to the original 1'SA,
2) in i he cvent that the towing industry representatives are dissatisfied with
1:1<.' Arc<J commander's decision(s) regarding the midterm review, the
lUlling industry, through its representatives, may request a hearing by
sllbmitting <J request in writing to the Area commander within seven
c~i1cndar days. If a hearing is requested, it shall be conducted by the Area
commander or designee, as soon as practicable. The number of
rcpl'csenlativcs at the hearing shall be limited to a maximum of two, The
repl-esentatives shall be entitled to present all relevant factors and
cirClImstclllees in support of the industry's position. A designated
r:iiicscntative shall be notified in writing of the decision(s) of the Area
cUilllllandcr within seven calendar days of the date of the hearing.
3) 1:1 the event that the towing industry representatives are dissatisfied with
UtC Area commander's decision(s), the towing industry, through its
rCJ1I'eseJ1I~ltives, may request an appeal by submitting a request in writing
tu lhe CIII' Di v ision commander with in seven calendar days. If an appeal
is requested, it shall be conducted by the Division commander or designee
as soon as practicable. The number of representatives at the appeal shall
be lilllilcclto a maximum of two, The representatives shall have the same
rights as those provided at the Area level. A designated representative
sid! be 110tiIied in writing of the decision(s) of the Division commalldcL
I\itllin seven calendar days of the date of the hearing.
4) ill tlie evell[ [hat the Area commander's decision(s) is to direct the
oJl<:I'ators to resubmit ratcs which are more reasonable than the current
r:1ICS, the new rate application process shall not be initiated until the
hearing <Jnd appeal process is exhausted, If the towing industry
reprcsentatives fail to request a hearing or appeal within the specified
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t:IIlC frame, or failta appear at a s(;heduled hearing or appeal, the
lkcision(s) of the Area commander shall be final and the new rate
~iJlplication process shall begin,
5) III tile event that the Area commander's decision(s) is to direct the
operators to comply with a change to any other term or condition of the
TSA, e,g. change in response times, the new terms and conditions shall
Iwl bc initiated until the hearing and appeal process is exhausted. If the
lulVlIlg industry, or its representatives, fail to request a hearing or appeal
'.,,;lllin the specified time frame, or fail to appear at a scheduled hearing or
ilj1peal, the decision(s) of the Area commander shall be final.
21. ADVERTISINC
The operator sh:lllnot display any sign or engage in any advertisement indicating an
official or unoflieiiil connection with the CHP or the Department of Motor Vehicles.
22. CANCELLA TJOi\'
This TSA Illay 11,~ l:tncL'led by clther party by giving written notice to the other party.
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A TT ACHMENT A
DEFINITIONS
ADDENDUM
A Division-approved document which is drafted by an Area commander and signed by the
operator. The addenduill serves as an addition to the Tow Service Agreement (TSA) for Areas
whieh have unique operational conditions requiring a departure from, or additional clarification
oflhe terms and conditions ot~ the TSA.
APPEAL
The final level of review for written reprimands, suspensions, terminations, or review of an Area
commander's decision(s) regarding the midterm review process. An informal review conducted
by the Division comm~lIllkr or designee, where an operator may present evidence or witnesses to
show that an action takell by an I\rea cOJ11mander was improper or where the operator may
mitigate the action taken,
AREA COMJ\lAND
Headquarters for a geographic:l1 :lrea within a CHP Division.
AREA COMMANDE.Z
The captain or lieutcn<lllt In ch;lrgc ofa CI-lP Area,
BASE SERVICES
Any service or tow which is performed when the vehicle operator or agent is present and the
vehicle is not stored at the direction of an officer.
COMMISSIONER
The Commissioner of tile California Highway Patrol.
DIVISION
Headquarters for a CHI' geogr~lphicallocation within the state.
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DIVISION COMMANDER
The Chief in charge of a CHP Division,
ENROLLMENT PERIOD
The period of time \\'hcn a tow company may submit an application for inclusion on an Area's
rotation tow list. The emollmcllt period may be continuous throughout the year but must be at
least once annually, The enrollmcnt period will be open at least 30 days a year and is determined
by the CHI' Area comlll~1I1der.
INCIDENT COMMANDER
The uniformed CHI' mcmber prescnt at an incident who has scene management responsibilities.
LOAD SALVAGE OPERATIONS
Any operation involv ing llle recovcry of a load which has been spilled, or the off-loading and
reloading of a load from ,In ovcrturned vehicle performed in order to upright the vehicle. This
wi!! usually be limited to 'lpel'aiicJIls involving Class B, C, and D tow trucks.
MORAL TURPITUUl':
Moral turpitude is an acl or behav ior that gravely violates moral sentiment or the accepted moral
standards ofa conllllunily, It is also the violation of private and social duties which man owes to
his fellow man, or to society in general. It is an act that is contrary to the accepted and
customary rule of right and cluty between man and man. (Refer to Blacks Law Dictionary for
case citation and complcle def~llition,) (All references to "man" as listed here are as a direct
result of legal language ,lnd are not to be construed as gender biased.)
NOTICE
All notices relating to llli" TSA ~~hall bc in writing and delivered to the other party in person, via
FAX, or by U,S. mail.
OPERATOR
A tow scrvice wl,ich has been issucd a Letter of Authorization, has signed the TSA, and is
approved to receive CIII'-I'eferrcJ calls. The term "operator" refers to the company, its owners,
and its managers who havc authority to enter into an Agreement with the CHP for towing
services and to conduct business in accordance with the terms of this TSA and its employees.
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PARTY OF INTEREST
Refers to the registered O.lnel' ai' the vehicle or the owner's agent. An agent is a party who may
lawfully act on behal r' of the registered or legal owner of the vehicle,
PORTAL TO PORTAL
For the purpose of th is TSA, <'Portal to Portal" shall also mean "Portal to End of Service."
Service shall start at the time of departure tram the place of business or point of dispatch,
whichever is closer to the location of the call, and shall end at the estimated time of return to the
place of business or the completion of the call, if another call is pending, whichever is shorter.
Return to place ofbusincss includes a reasonable and verifiable amount of time required to place
the tow truck back intlJ service when unusual circumstances require additional time that are not
part ofnonnal opc;ratillg procedures,
POSSESSION
Pursuant to Section 306S I of tlie Civil Code, possession is deemed to occur when the vehicle is
removed and is in tran:;iL l)r when vehicle recovery operations or load salvage operations have
begun.
PUBLIC SAFETY RESi)ONSE
A response which resuits in a storage ofa vehicle at the direction of an officer. This does not
include a storage at lllL I'.quest ol'the vehicle operator, registered owner, or agent.
REPRESENTATIVE
A person or group of persons rcpresenting the operators within a CHP Area designated to
represent their interests t\l the specified commander.
RESPONSE TIME
The period oftimc ii'oll1 ,In opnator's notification of a call by a CHP Communications Center to
the arrival of the tOI\' truck at the location requested.
RETAIL RA TE
The usual customary ICU]: I rale charged by an operator to individual retail customers. Generally
the competitive hourll r,I!;~ a cOlilpany has posted in the office and quotes over the phone.
SUSPENSION
Removal of an operalcll' lrom the Area's rotation tow list for a specified period of time,
Suspensions may be il)r periods longer than the current teml ofthe TSk
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TERMINATION
Permanent removal of a tow operator from the Area's rotation tow list for the remainder of the
term orthe TSA and/or disqu,ililication from any further participation in the Department's
Rotation Tow Program_
TOW TRUCK
A tow truck as deJiiH::ci in Section 615 of the California Vehicle Code. Also includes slide back
carriers and wheel Ii fl ve/, icJcs
TOW DISTRICT
The geographical area in which an operntor may receive CHP-referred calls. The number, as
well as boundaries, oflow districts will be determined solely by the Area commander in
consideration of the neech of the CHP.
TOW SERVICE AGREEMENT
A document which sels I(,rth the terms <Illd conditions of an Agreement between the operator and
the Area commander repr:sclllillg the C1-IP.
VEHICLE RECOVi.~i{ -/ OI'LlL\TION
An operation involvin.~ the process of up-righting an overturned vehicle or returning a vehicle to
a normal position onl!le roadw<lY which requires the use of auxiliary equipment due to the size
or location of the vehicle. This will usually be limited to operations requiring a Class B, C, or D
tow truck.
WAIVER OF REQUIH.EMENTS
Provides for temporal\' rei iel flom selected terms and conditions of the TSA.
WRITTEN REPRIJ\;A:m
A written notice to nil OplTJtor which specifics any violation of the TSA, orders corrective
action, and warns of further actioll to be taken if corrective action is not taken.
2701'33
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A TT ACHMENT B
;:QUIP:V!E;\'T SPECIFICATIONS
]. GENERAL EQU IP;\1 f:NT SPECIFICATIONS
A Tow Trucl( and Car Carrier Classifications: Tow truck and car carrier
c1assitications are bascd on the truck chassis Gross Vehicle Weight Rating
(GVWR) and the classification system used by the American Trucking
Association (ATA) and truck manufacturers.
r\ TA and Manul~lcturer"; Classifications CHP Rotation Classifications
Class GVWR(xc "GV\lv'R"} Range (Lbs.) Tow Truck Class
I 10,000 - 14,000....""""."."......."....................... (A)
2 14,()()] - 16,000.""""""................................. (A)
3 16,001 - 19,500..."....................................... (A)
4 19,501-26,000....."...................................... (B)
5 26,001 - 33,000............................................ (B)
() 33,00] or more....."...................................... (C & D)
I) The minilllum GV\VR for any Class A tow truck sh",11 be 14.000 pounds.
All Clas'; ;\ tOIV trucks and car carriers with a GVWR of less than
14)00 I ;()unds currently approved for the CHP rotation tow list will be
a/IOlI'cd to l-:m3;n on the rotation tow list until June 30. 2006, provided the
vehicle icmains continuously on the CHP rotation tow list, in service with
the :;;II1lC eOlllpany. and in the same district.
2) Aftcr .JUIH:: 30,2006, Class A 4-wheel drive tow trucks with a GVWR less
than 14.UO() Ibs may be listed as special equipment on the Rotation Tow
Listing /\pplic3tion (CHP 234A). These tow trucks shall be used only for
recoveries requiring the use of 4-wheel drive.
B. Equipment Limitations: All towing equipment, recovery equipment, and carrier
ratings are hasc:J on structural factors only. Actual towing, carrying, and recovery
calhleity may be limited by the capacity of the chassis and the optional equipment
se lec led.
C. TOIVing Limitatiolls:
I) The tot~iIlVcight of the truck, including the lifted load, shall fall within the
GVWI\ ~1I1d not exceed either the Front Axle Weight Ratings (FA WR) or
Rear Axle Weight Ratings (RA WR).
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2) The truck must meet all applicable state and/or federal standards.
3) The front axle load must be at least 50 percent of its normal or unladen
weight when in tow.
D, Identification Labels: Each piece of towing equipment shall have a label or
identification tag permanently affixed to the equipment in a prominent location to
identify the manufacturer, serial number, model, and rated capacity.
E, Recovery Equipment Rating: The basic performance rating of the recovery
equipment is the weight the equipment can lift in a winching mode, when the
boom is static at a 30 degree elevation with the load lines vertical and the lifting
cables sharing the load equally, measured with a live load (weight or load cell).
I) The structural design of the recovery equipment must have a higher load
capacity than the performance ratings.
2) Winches shall conform to or exceed the specifications set forth by the
Recovery Equipment Rating (SA E) Handbook, SAE 1706.
3) All ratings for cable and chain assemblies are for the undamaged assembly
condition, All cable and chain assemblies should be the same type.
construction, and rating as specified by the original equipment
manufacturer (OEM) for the equipment.
fo, Safety Chains: Safety chains shall be rated at no less than the rating specified by
the OEM. All safety connections and attachments shall have a positive means, of
sufficient strength, to ensure that the safety connection or attachment cannot
disengage while in transit.
G, Control/Safety Labels: All controls shall be clearly marked to indicate proper
operation, as well as any special warnings or cautions.
H, Signs: The signs shall be permanently affixed and in compliance with the
requirements of Section 27907 Vc.
I. Wire Rope (Cable): Wire rope shall be maintained in good condition. Only wire
rope with swaged ends, wedge locks, or braided ends with metal sleeves in the
loops shall be approved tor use by the CHP. Consistent with Title 13, Section
l305(b), wire rope is not in good condition when it is stranded, knotted, crushed,
excessively rusty, kinked, badly worn, when there are 12 or more wires broken in
lay length, or where there is other visible evidence of loss of strength.
290f33
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1. Uniforms: CIll' rotation tow drivers shall wear an identitiable uniform shirt
displaying the company and driver's names while engaged in CHP rotation tow
operations.
K. Safety Vests: CHP rotation tow drivers shall wear a safety vest. meeting
Occupational Safety And Health Administration (OSHA) requirements.
Alternatively, [he OSHA safety requirements may be incorporated into the
uniform, jackd, or rain gear, as long as these items are worn as the outermost
garment.
2. REQUIRED EQUIPMENT AND SPECIFICATIONS
All tow trucks and car carriers shall be equipped and in compliance with the most recent
electronic version of [he Tow Truck Inspection Guide (CHP 234B) available from the
Area tow officer. This is in addition to the equipment listed below:
A. All tow trucks ~1I1d car carriers will be equipped with hydraulic or mechanical
winches.
B. Class A tow trucks shall be equipped with one 4-ton snatch block.
C. Class B tow tnlcks shall be equipped with a 7,000 pound rated tow oar.
D. Class C tow trucks shall be equipped with a 12,000 pound rated tow bar.
E. Class D tow {rucks shall be equ ipped with a 20,000 pound rated tow bar.
Note: Trucks used exclusively for salvage and recovery operations are not
required to possess safety chains, tow bars, and/or underlifts.
F. Recovery Strilps (minimum of one set meeting the working load limits for each
class of tow truck operated hy the company) that are not stored on a tow truck
shall be available at the business office on a 24-hour basis. There shall be no
charge for thc transporting of recovery straps to or from a recovery location.
300f33
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ATTACHMENT C
APPLICANT'S INSTRUCTIONS FOR COMPLETING THE CHP 234A AND CHP 234B
1. GENERAL INFORMATION
A_ The following instructions are being provided to assist you in the accurate
completion oCthe necessary forms. Please be sure to sign and date the
application form as indicated. You should thoroughly read and understand the
Tow Service Agreement (TSA) prior to submitting your application_ After
completing the Application for Rotation Tow Listing (CHP 234A), attach a copy
of the current motor carrier permit and the Tow Operator/Driver Information
Sheet (CHP 234F) and return the entire package, along with the certificate of
insurance as specified in Element 9 of the TSA, to the local CHP Area for
approval. I f your company receives preliminary approval, an inspection of your
facilities and equipment will be scheduled_
B_ All TSA applic;ltions submitted through the mail shall be sent by certified mail
with return receipt requested. The return receipt shall be presented to the CHP as
proof that the application \vas mailed to the CHP prior to the close of the open
enrollment period.
C. Upon final approval, the Operator Approval form and the Tow District
Description (ClIP 234C) will be added to the TSA. Upon receipt of these
documents, you should sign and date the Operator Approval form and return the
original to the lucal CHP Area.
2. SPECIFIC INSTRUCTIONS FOR FORMS PREPARATION
A. The CliP 234/\ lIlust be completely filled out and signed. Incomplete
applications wiil not be accepted. Any misrepresentation on the application will
be grounds for criminal and/or disciplinary action.
B. A current copy of the company's motor carrier permit shall.be sent with the
CHP 234A.
C. The CI-IP 234F .;hall be completed by all tow operators and tow drivers during the
Area's open emullment period, or anytime a tow company applies to the CHP for
inclusion in the Rotation Tow Program. If a tow operator refuses to complete
and/or sign the Iprlll, the lOW company shall not be allowed to participate in the
program. J f tU\I' drivers re fuse to complete and/or sign the form, they shall not be
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allowed to respond to C!-IP rotation calls. Additionally, every tow driver hired
after a tow company has received approval to participate in the program shall
complete and signlhe ClIP 234F within seven calendar days of the date of hire.
D. Rotation Tow List - Tow Truck Inspection Guide (CHP 234B).
]) Upon prel iminary approval, the local Area will provide you with a
CHP 2348 for each tow truck.
2) You should complete the top section of the CHP 234B with company and
vehicle irdormation prior to 1;le scheduled inspection date.
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ATTACHMENT D
OPERA TOR APPROVAL
I certify that all drivers opercning under this Tow Service Agreement (TSA) are qualified and
competent. I further celiify th,lt I have read and understand this TSA and agree to abide by all
the provisions, I fUliher agree to indemnity, defend, and save harmless the state, its officers,
agents, and employees from an)' and all claims and losses accruing or resulting to the operator in
connection with the performance of tile TSA, and from any and all claims and losses accruing or
resulting to any person, firm, or corporation who may be injured or damaged by the operator in
the performance of tll is TSA, The operator, and the agents and employees of the operator, in the
performance of this TSA, ~hall act in an independent capacity and not as officers or employees
or agents of the State of California, The terms of this TSA (2004-2005 TSA) will become
effective:
and end
Date
Date
Operator Approval
Signature Typed Name
Company Title Date
Business Address Phone Number
--,
330f33
EXHmIT 2
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2005 - 2006
l'OW SERVICE
AGREEMENT
NOVEMBER 2004
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TABLE OF CONTENTS
ELEMENT PAGE
I. TOW DISTRIC'rS ............................ .......................................................................................1
2. ROT A 1'10:'11 LISTS .................................................................................................................1
3. TO'" TRUCK CLASSIFICA TIONS.....................................................................................4
4. GENERAL EQUIPMENT SPECIFICA nON .....................................................................6
5. TO'" TRUCK DRIVERS .......................................................................................................7
6. RATES ..... ............... .............. ..... ......................... ..... ........ ........... ..................... ..................... ....8
7. CO LL USI ON....... ........... .......... ............. .............................. ......................... ............. .............10
8. RESPONSE TO CALLS .......................................................................................................11
9. STORAGE FACILITY .........................................................................................................12
10. INS URAN CE ..... ............. ........ .......... ... ............ .................. .............. ..... ................... .......... .....14
II. INSPECTIONS ....................................".................................................................................14
12. BUSINESS RECORDS.. .................. ..... ................ ............. ..... ............. .............................. ....15
13. FINANCIAL INTEREST....... ................. ....................... ................ .......... ...... .......... .............15
,14. A~NU AL J'\1EETINGS .......................................................................................................... J 6
15. DE~IEAJ...IOR A~']) CONDVCT...........................................................................................16
16. COl\-IPLIANCE WITII LA W ...............................................................................................17
17. COMPLIANCE WITH THE TSA .......................................................................................17
18. DISCIPLINARY ACTION ...................................................................................................18
19. TERl\-IS OF DISCIPLINARY ACTION ...........................................................-................19
20. HEARING/APPEAL ....... ............... ........ ............... .............. ........... .......................................20
21. MIDTER,]\1 REVIEW ........................................................................... ...............................21
.. -.
22. AD VERTISING ................. ................... .................................................. ...............................21
23. CANCELLATION .................................................... .............................................................21
24. OPERATOR APPROV AL................................................................................................... 22
2005-2006 TSA 9819
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STA TE OF CALIFORNIA
DEPARTMENT OF CALIFORJ'lIA HIGHWAY PATROL
TOW SERVICE AGREEMENT
CHP 234 (11-2004) OP! 061
This Tow Service Agreement (TSA) conlnins rules and regulations that a company agrees to
comply with in order to receive a rotation tow listing with the California Highway Patrol (CHP).
Participation in the CHP Rotation Tow Program is voluntary. Compliance with all of the terms
and conditions of the TSA is mandatory for tow companies participating in the Rotation Tow
Program. An operator, by agreeing to participate in the program, does not establish a contractual
relationship with the CHP and is not acting as an agent for the CHP or the State of California
when performing services under the TSA.
I. TOW DISTRICTS
A. The CHP Area commander shall establish tow districts for each clnss of tow truck
to facilitate the distribution of calls and meet the needs of the CHP with regards to
response time and availability of to\-\. services. Within each tow district, the Area
commander shall determine the maximum response time, enrollment period,
reasonnble rates, minimum number of trucks, and any applicable waiver of
requirements or addendum.
B. Waiver of requirements shall be in effect no longer than six months following the
application by, and acceptance of, nn operator who meets all requirements of the
TSA. A waiver will not be granted for requirements based upon law or safety
considerations.
C. Exceptions to compliance with the TSA shall not be authorized by verbal
agreement. The exception shall be documented as an addendum or waiver to the
TSA.
2. ROTATION LISTS
A.- ' Within each tow district, the CHP shall maintain separate rotation tow lists for
each class of tow truck to ensure an equitable distribution of calls. Nothing in
the TSA shall prohibit a11 Area commander or supervisor from requesting a
specific tow company when, in the Area commander's or supervisor's opinion,
the necessary resources to clear a hazard as expeditiously as possible are not
available tTom the tow company currently at the top of the rotation tow list.
In such an instance, the to\\/ company selected would be the next tow company
on the list which has the qualifications (equipment, skills, timeliness, etc,) to
provide the required service. After the request. the selected company would
2005-2006 TSA 981 9
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then go to the bottom of the rotation tow. Tow companie, <)n the same list that
\\ ere by-passed would remain in the same order until their selection for a
rOlation tow for which they are qualified.
B. Nothing shall prohibit a Class B, C, or D operator from maintaining a place on a
lighter class rotation tow list, provided the tow truck meets the equipment
speci fications for that class of operation. Regardless of the class of tow truck
utilized or responding to the call, charges shall not be more than for the class of
vehicle towed or serviced, except when vehicle recovery operations require a
larger class of tow truck.
C. A call to an operator shall constitute one turn on the list and the operator shall
be moved to the bottom of the list. This includes when the operator fails to
answer the phone, is unable to respond. is unable to perform the required
service, refuses to respond or provide service, or is canceled due to excessive
response time, Ifit is determined that the operator is not needed and is canceled
by the CHP, up to and including arrival at the scene and standby time which
does not result in a tow, there shall be no charges and the operator will be
placed back at the top of the list.
J) ] f the operator is canceled by the vehicle's registered owner or agent
prior to the operator taking possession of the vehicle, there shall be no
charges for towing. The operator shall immediately contact the CHP
and advise :hem of the cancellation. The operator will then be plared
back at the top of the list.
2) If service, other than towing, recovery, and load salvage, has begun and
is canceled by the vehicle's registered owner or agent, the operator may
charge one-half of the regular hourly service charge for the time
expended on the call. For purposes of cancellation, service begins when
physical work on the vehicle has begun, not the response. No lien shall
arise for the service unless the operator has presented a written statement
10 the vehicle's registered owner or agent for the signed authorization of
services to be perfonned. The operator shall not attempt to take
possession of the vehicle in order to establ ish a lien for any non-towing
services performed, or begun and subsequently canceled, when not
entitled to such lien by law.
D. Area commanders may establish )oc<11 policy which aIlo\\s an opcrGtor to
dispatch more than one tow truck to a multiple vehicle collision scene in
;"':spcr.s= ~J 2 :-.:ta:ic-n tJ\\ ;:J.:~.
E. Ifl\\O or more operators are called to the same incident, distrihution of the
vehicles shall be at the discretion oflhe CHP Incident Commar,der.
2005-2006 TSA 9819
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F. An operator shall have a business office and storage facility located within the
district he/she serves, unless this requirement is waived by an Area commander.
I) The Area commander may establish a maximum radius for the location
of a business office from which an operator may provide service for a
tOIV district.
2) An operator shall provide service in only one Area command unless
waived by both adjacent Area commanders. and with concurrence of the
Division commander.
3) A secondary storage facility does not qualify an operator for an
additional tow district unless this requirement is excused by the Area
commander based upon a specific need.
G. Operators applying for a rotation tow listing shall have a minimum of three (3)
verifiable years for-hire towing experience, as an owner or principal, prior to the
final filing date of an enrollment period in order to qualify for a rotation tow
listing.
I) Operators and owners who do not meet the three year verifiable
for-hin.: towing experience may be considered for a position on the CHP
rotation tow list if a full-time manager who possesses the required tow
management experience is employed by the company. The manager
shall have the authority to conduct all company business and to sign the
TSA and the Application for Rotation Tow Listing (CHP 2J4A). If the
manager ceases to be employed by the company, the TSA will be
terminated until a new manager can be approved by the CHP. The CHP
will evaluate the new manager's experience and require him/her to sign
the TSA and CHP 2.34A for the company. An owner/operator who
releases vehicles. completes lien sale paperwork, and other tow business
related documents for three years in the company, with the qualified
manager, will fulfill the three years for-hire-towing experience
requirement.
2) Ownership status will be investigated and determined by the CHP.
H. Within each tow district, the CHP shall maintain separate rotation tow lists for
salvage and recovery operations involving large commercial vehicles. as
defined by the Area commander. Operators on the rotation salvage and
:=cC1\'er\ Ij51 shall r::'SDond 21 !e251 one 1 11 d~i\'er th3t has r;v(" 151 verifiable
. . .~ . , I
years for-hire salvage and recovery experience. The operator shall have a
minimum of one (I) Class D tow truck and one (1) Class C tow truck. \Vhen
the operator is dispatched to salvage and recovery of a large commercial
2005-2006 TSA 9819
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vehicle, they shall respond with a minimum of two tow trucks, The two tow
trucks responding shall include at minimum one (I) Class D and one (I) Class C
tow truck,
Depending on area needs, the Area commander may establish local policy
requiring a minimum of two (2) Class C tow trucks for the salvage and recovery
rotation list. The operator assigned the initial call may, subject to prior
agreement with the Area commander, request a specific operator for assistance
to meet the two (2) Class C tow truck requirement.
3. TOW TRUCK CLASSIFICATIONS
A. An operator shall equip and maintain tow trucks covered under the TSA in
accordance with the provisions set forth in the California Vehicle Code (VC),
Title 13 of the Califomia Code of Regulations (Title 13), the specifications
contained in this TSA, and in a manner consistent with industry standards and
practices.
I) All tow trucks shall have recovery capabilities. wheel lift capabilities, and
a boom meeting the specitications contained in this TSA. Class D tow
trucks used exclusively for salvage and recovery operations are not
required to possess wheel lift cap3bilities.
2) An operator who has a car carrier is exempted from the recovery. wheel
lift, and boom capability requirements, However, the car carrier must be
an additional unit and shall not be used for recovery.
B A violation of the Gross Vehicle Weight Rating (GVWR) and safe loading
requirements of a tow trLlck may be cause for immediate suspension. This
includes exceeding the tow truck's GVWR, front axle weight rating, rear axle
weight rating, maximum tire weight ratings, or not maintaining 50 percent of the
tow truck's unladen front axle weight on the front axle when towing.
C. There will be four classes of tow trucks covered under this TSA. The Area
commander may require more than one tow truck in each class in tow districts
where rapid response for congestion relief is required_
I) Class A - Light Duty
~) Ar. operator shall maintain a minimum of one tow truck which has
a manufacturer's GVWR of at least 14,000 pounds. After June 30,
2U06, Class A 4.\\ heel drive tow trucks wtth a GVWR less than
] 4.000 Ibs may be listed as special equipment on the Rotation Tow
Listing Application (CHP 234A). These tow trucks shall be used
only for recoveries requiring the use of 4-wheel drive. All Class A
2005.2006 TSA 9819
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tow trucks and car carriers with a GVWR of less than 14,000
pounds currently approved for the CHP rotation tow list will be
allowed to remain on the rotation tow list until June 30, 2006.
b) The Area commander may require that an additional required tow
truck be a car carrier.
2) Class B - Medium Duty
a) An operator shall maintain a minimum of one tow truck with a
GVWR of at least 26,001 pounds. The truck shall be equipped
with air brakes and a tractor protection valve or device, and be
capable of providing and maintaining continuous air to the towed
vehicle. All Class 8 tow trucks with a G VWR of less than 26,00 I
pounds currently approved for the CHP Cl:Jss 8 rotation tow list
\~ill be allowed to remain on the Class B rotation tow list until
June 30, 2010.
b) TolV companies continuously used on rotation for the CHP, whose
equipment was previously approved and owned by the same
c>perator but lacb air brakes, and/or a tractor protection valve or
device, may apply for and receive a Class B rotation tow listing if
rhe tow truck is capable of supplying continuous air to the towed
vehicle from its engine mounted air compressor and is equipped
with an air g:lUge.
3) Class C - Heavy Duty
a) An operator shall maintain at least one three-axle tOI'o' truck with a
GVVlR of at least 33,001 pounds. The truck shall be equipped
with air brakes and must be capable of providing and maintaining
continuous air to the towed vehicle.
4) Class D - Super Heavy Duty
a) An operator shall maintain at least one three-axle tow truck with a
GVWR of at least 50,000 pounds. The truck shall be equipped
with air brakes and must be capable of providing and maintaining
continuous air to the lowed vehicle.
b) If this class of tow truck is used exclusively for salvage and
recove/) operations. there IS no requirement lor providing and
maintaining continuous air to the towed vehiclc.
2005-2006 TSA 9819
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D. To properly and safely tow and service the wide variety of vehicles being
operated on the highway, a towing procedure may require the use of auxiliary
equipment specifically designed for the purpose. This auxiliary equipment should
be used when appropriate.
4. GENERAL EQUIPMENT SPECIFICATIONS
1\. Tow Truck and Car Carrier Classifications: Tow truck and car carrier
classifications are based on the tnlck chassis GVWR and the classification
system used by the American Trucking Association (AT A) and truck
manufa~turers.
B. Towing Limitations:
I) The total weight of the truck, including the lifted load, shall fall within the
GVWR and not exceed either the Front Axle Weight Ratings (FA WR) or
Rear Axle Weight Ratings (RA WR).
2) All taw trucks and car carriers shall be equipped and in compliance with
the most recent electronic version orthe Tow Truck Inspection Guide
(CliP 234B).
3) The truck must meet all applil:able state and/or federal standards.
c.
Identification Labels: Each piece of towing equipment shall have a label or
identification tag permanently affixed to the equipment in a prominent location
to identitY the manufacturer, serial number, model, and rated capacity.
D.
Recovery Equipment Rating: The basic performance rating of the recovery
equipment is the weight the equipment can lift in a winching mode, when the
boom is stalic at a 30 degree elevation with the load lines vertical and the lifting
cables sharing the load equally, measured y,ith a live load (weight or load cell).
I)
The structural design orthe recovery equipment must have a higher load
capacity than the performance ratings.
2)
Winches shall conform to or exceed the specifications set forth by the
Recovery Equipment Rating (SAE) Handbook, SAE 1706.
3 )
All ratings for cable and ch~in Jssemblies Jre for the undamaged assembly
condition. All cable and chJ:n assemblies should be the same type,
~Jris~I~..:~i0ii, arid ralills J:> 5pc~;ficd b) ~he viigiiii.ll cq~ip;nent
manufacturer (OEM) for the equipment.
2005-2006 TSA 9819
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E. Control/Safety Labels: All controls shall be clearly marked to indicate proper
operation, as well as any special warnings or cautions.
F. Uniforms: CHP rotation tow drivers shall wear an identifiable unir')rm shirt
displaying the company and driver's names while engaged in CHI> rotation tow
operations.
G. Safety Vests: CI-lP rotation tow drivers shall wear a safety vest or retlectorizing
clothing, meeting Occupational Safety and Health Administration (OSHA)
requirements.
5. TOW TRUCK DRIVERS
A. The operator shall ensure that tow truck drivers responding to calls initiated by
the CHP are qualified and competent employees of the operator's company. The
operator shall ensure that the tow truck drivers are trained and proficient in the
use of the tow truck and related equipment, including, but not limited to, the
procedures necessary for the safe towing and/or recovery of the various types of
vehicles serviced through CI-lP rotation. Tow drivers shall perform all towing and
recovery operations in the safest and most expedient manner possible. Tow trllck
drivers shall be at least 18 years of age and shall possess the proper class license
and endorsements for the towed and towing vehicle.
B. The operator shall maintain a current list of drivers.
I) The operalclr shall provide a current list of drivers to the Area upon
implementation of this TSA. The operator shall notify the Area upon any
change in driver status, including the addition of any new drivers, or the
deletion of any drivers.
2) All drivers arc required to complete and sign the Tow OpcratorfDriver
Information Sheet (CHP 234F).
C. All tow truck drivers and owner/operators shall be enrolled in the Pull Notice
Program.
I) Upon the addition of new drivers, an operator will be granted a maximum
of 30 days to enroll drivers in the Pull Notice Program.
2) Pull1'\otices shall be kep on fi!e. signed. and dated by the operator
.:; .'.\;~~ "':C'I7i:t:':':-:~~~S :7'.3) :eqL;:~~:':1 .:;:e;'"J.!.Jr to p~o\'ice:2p:es ofPuI!
Notice Reports to the Area.
2005-2006 TSA 9819
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6. RA TES
A. Fees charged for calls originating from the CHP shall b~ reasonable and not in
excess of those rates charged for similar services provided in response to requests
initiated by any other public agency or private person. The rc:asonableness of the
fees charged will be determined in the following manner:
I) The operator shall submit two retail hourly rates to the Area ommander.
One rate for normal business hours and one rate for after business hours.
The Area commander shall determine the validity and reasonableness of
the submitted rates.
a) Validity will be based upon factors such as: telephone quotes,
posted rates, charges to retail customers, etc. Any submitted rale
in excess of an operator's usual customary retail rate quoted over
the phone and posted in the company office will be considered
invalid and will not be accepted.
b) Reasonableness shall be determined as compared to other rates.
An operator who submits a rate that is determined to be excessive
shall be allowed to resubmit rates only once.
2) In an effort to remain competitive in the open markel, the operator may
lower retajJ rates at any time by notifying the CHP. \Vhen an operator
lowers the retail rate, that retail rate becomes the new approved rate.
Operators may only raise rates during enrollment periods or upon approval
after a midterm review.
3) Any operator who charges rates above the submitted rates for a CHP call
shall be in violation of the TSA and subject to disciplinary action.
B. The rate for towing shall be computed from portal to portal. Time expended shall
be charged at a rate not to exceed the hourly rate. Tim~ expended in excess of the
minimums shall also be at the hourly rate in no more than one-minute increments.
There shall be no additional charges for mileage, labor. elc.
J) The operator may charge up to a th irty-minute minimum per call for any
service or tow which is performed ",hen the vehicle operator or agent is
present and the vehicle is not stored at the direction of an officer.
2) The operator may charge up to a one-hour minimum per call on responses
which result in storage of a vehicle at the direction 01' an officer.
2005-2006 TSA 9819
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J) The operator shall base towing charges upon the class of\'ehicle being
to\~ed, regardless of the class of truck used. except ,~hen vehicle recovery
operations require a larger class truck.
C Rates for a service call (out of gas. lockouts, tire changes, etc.) shall be from
portal to end of service. and may be at the hourly rate with a thirty-minute
minimum. Charges in excess of thirty minutes may be charged in no more than
one-minute increments.
D. Fees for Special Operations
I) For special operations involving Class B, C, and 0 tow trucks, the
operator shall submit the proposed fees for vehicle recovery operations
and load salvage operations to the Area commander. Fees shall be
reasonable and consistent with industry standards for similar operations.
Charges in excess of thirty minutes may be charged in no more than
one-minute increments.
a) Hourly rates shall be establ ished for the following:
(I) Auxiliary and contracted equipment, e.g.. airbags,
converter gear/dolly, additional trailers, fork lift, ti'ont
loaders, etc.
(2) Contract labor.
b) Based upon the average of the proposed fees submitted and a
comparison to industry standards for similar operations, the Area
commander shall determine the reasonableness of the fees for these
types of operations.
2) Operators shall submit a mark-up rate (percentage of the cost to the
operator) for rental equipment and specialized labor not otherwise listed
on the application.
3) If an operator performs a,5ervice for which a required rate was not
submitted and appro~ed by the Area, the operator shall only be entitled to
charge for the actual cost orthat service plus 10 percent.
E. The charge for after-hours release shall be no more tMn one-halflne hourly rate,
and shall only be allowed on weekends. holidays. and outside normal busin\css
nours.
2005-2006 TSA 9819
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F. Storage Fees
I) The operator shall submit proposed storage fees for inside and outside
storage to the Area commander. Based upon the average of the proposed
fees submitted by those applying for rotation, the Area commander shall
determine the validity and reasonableness of the fees for inside and
outside storage. Fees for inside storage shall be charged only when inside
storage is requested by the CHP, registered owner, legal owner, insurance
company, or whentbe inside storage can be justified by the tow operator.
2) The operator shall display in plain view at all casr.:ers stations, a sign as
described in Section 3070 of the Civil Code, disclosing all storage fees
and charges in force, including the maximum storage rate.
3) Vehicles stored 24 hours or less shall be charged no more than one day
storage.
4) Storage of vehicles in combination may be charged a per vehicle rate
e.xcept for dollies, con-gear, etc. Dollies and con-gear may be charged a
storage rale not to exceed Class A storage fees.
G. "rhe approved schedule of rales charged by the operator shall be available in the
tow truck, and shall be prescnted upon demand to the persons for whom the tolV
services were provided, their agent, or any CHP oflicer at the scene.
H. Rate requirements represent the maximum an operator may charge on a CHP call.
An operator is not precluded from charging less when deemed appropriate by the
operator. These requirements shall not be construed as requiring a charge if an
operator would not normally charge for sllch service.
!. No operator or employee shall refer to any rate as required or set by the CHP.
7. COLLUSION
n A c An operator and/or applicant shall not conspire. attempt to conspire, or commit
any other act of collusion with any other operator or applicant for the purpose of
secretly, or otherwise, establishing an understanding regarding rates or conditions
to the TSA that would bring about any unfair condition which could be prejudicial
to the CHP, the motoring public, or other operators.
B. :\ finding by the CHP that any operator or applicant has been involved in
coliUSlOn shail De cause (or oenlal 01 an appilcalion or snaii nullify the TSA. Any
operator or applicant found to be involved in any act, or attempted act of
collusion, shall be disqualified from participation on all CHP rot:ltion tow lists for
the cllrrent term, plus three years.
2005-2006 TSA 9819
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8. RESPONSE TO CALLS
^ The operator shall respond to calls 24 hours a day, seven days a week, within the
maximum response time limits as established by the Area commander and as
specified in Elementl, Tow Districts, of this TSA, The operator shall respond
with a to\\' truck of the class required to tow the vehide specified by the CHP,
The operator shall advise CHP dispatch, at the time ofnOlification. if they arc
either unable to respond or unable to meet the maximum response time, If, after
accepting the call, the operator is unable to respond or will be d..:layed in
responding, the operator shall immediately notify the appropriate CHP
Communications Center. The operator shall not assign any calls to other tow
operators.
I) A failure to respond to perform the required towing or service and/or
repeated failures to meet the maximum response time requirements shall
constitute failure to comply with the terms and conditions of this TSA,
2) The Area commander may take immediate disciplinary action [or any
violation of the requirement to respond within the maximum response
time,
3) \\ hen an operator will be temporarily un<lvailable to provide services due
to a pre-planned or scheduled activity, lhe operator shall notify the Area
command at least 24 hours prior to the date that services will be
unavailable, noting the times and dates of the unavailability.
B. The tow operator, or operator's employees responding to a call, shall perform the
towing or service required for which they were called unless the requested
equipment is inadequate for the service to be performed.
C. Only the tow truck personnel and equipment requested shall respond to a CHP
call. An operator shall not respond to a CHP call assigned to another operator
unless requested to do so by the CHP,
'- J) This shall not preclude the operator from responding to an incident to
ascertain if additional assistance or equipment is required. There shall be
no additional charge for any personnel or equipment that is not necessary
to perform the required serv ice,
~) There mJ)' be times when the operator assigned the initial caJl may require
tile assistance of an additional operator at the scene. The operator
assigned tile II1ll1al call may, subJect to prior agreement wilh the Area
commander and with the concurrence of the Incident Commander, request
2005-2006 TSA 9819
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a specific operator for assistance. The request shJIl be routed to the
additional operator through the CHP,
3) There mJY be times when an operator, who was not called to a scene,
comes upon a collision scene where a vehicle or vehicles are blocking a
roadway and an officer requests assistance in clearing the roadway. In
such a case, the operator may be requested to move the \ ehicle to a safe
location, as directed by the officer, and leave it. There shall be no charge
for this assistance and the assislJnce provided shall not change the
operator's place in the rotation.
9, STORAGE FACILITY
A. The operator shall be responsible for the security of vehicles and property at the
place of storage. At a minimum, J fenced or enclosed area shall be provided. The
operator is responsible for the reasonable: care, custody, and control of any
property contained in towed or stored vehicles.
B. The operator shall obtain approval from the CHP prior to the removal of any
property from a stored or impounded vehicle and shall provide a receipt, with a
copy placed in the stored vehide. The requirement to obtain approval from the
CHP prior to the removal of property may be excused by the Area commander if
it is determined that proper safeguards and procedures are utilized by the operator.
I) This requirement may not be waived in cases where a vehicle has been
impounded for evidence or investigation.
2) Upon approval ITom the CHP, the operator shall release personal property
from an impounded vehicle at the request of the vehicle registered owner
or agent.
a)
There shall be no charge for the release of personal property during
normal business hours. Operators may charge an after hours
release fee for property released Jfter normal business hours,
consistent with the after-hours vehicle release provisions.
- "
b) Personal property is considered to be items which are not affixed
to the vehicle. Personal property ITom a stored vehicle shall be
released upon request of the veh:cle registered owner or agent.
Responses :ire m~mdJtcr) on \\ _,-lends, holidays, and outside
normal business hours. provided the vehicle's current registered
owner or owner's autJlorlzed agent are available for return of
personal property. Payment for an after-hours release of property
m;]) be required at the time of the release.
2005-2006 TSA 9819
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3) Cargo shall be released upon demand of the carrier or pursuant 10 a cOllrt
order.
C The primary storage faci lity shall normally be at the same location as the business
address. If not at the same location, thcre shall bc no charge for any additional
distance traveled to and from a secondary location. The vehicle and/or personal
propeny shall be released at the primary storage facility or place of business upon
request orthe registered owner or a person having a legal entitlement to the
vehicle and/or property.
I) Prior to the utilization of new storage facilities that were not listed on the
application for rotation tow listing, the operator shall furnish the address
and obtain the Area commander's approval.
2) Secondary storage facilities shall be located reasonably close to the main
business office.
D. Tow operators shall maintain sufficient storage spaces.
E. An operator's place of business shall have a sign that clearly identifies it to the
public as a towing service. The sign shall have letters that are clearly visible to
the public from the street. The sign shall be visible at night.
F. For the purpose of the TSA, "normal business hours" shall not be less than 8 a.m.
to 5 p.m., Monday through Friday, except for the following state recognized
holidays: New Year's Day, Martin Luther King Day, Lincoln's Birthday,
Presidents' Day, Memorial Day. Independence Day, Labor Day, Columbus Day,
Veterans' Day, Cesar Chavez Day, Thanksgiving Day, day after Thanksgiving
Day, and Christmas Day.
G. Business hours shall be posted in plain view to the public. Offices staffed with
only one employee may be closed for one hour at lunch. A sign shall be posted
'" ith the reason for closure. The sign shall have a phone number where a request
will result in an immediate response to release property or vehicles. Response to
the office shall be within the time frame required for a normal CHP Class A tow.
H. Employees shall be properly trained to conduct business transactions related to
towing, storage, and release of vehicles/property.
The release of vehic Ies shall be conducted in accordance with Area procedures.
The Area commander shall ensure that proper provisions are in place for the
rekase oi al i Impounded 'ver,i.:i<::s. T em companies shail respond f(',l' .1f.er-hours
release of vehicles ",hen requested by the current registered owner or owner's
authorized agent.
2005.2006 TSA 9819
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10. INSURANCE
A. The operator shall maintJinthe 1'0110\\ ing minimum levels of insurance from an
insurance carrier admitted in California. or admitted in the state in ""hich the
operator's business is located, and is authorized to do business in California:
I) Minimum Level of FinanciJI Responsibility (as required by
Section ]4631.5 oflhe California Vehicle Code) - Bodi Iy injury and
property damage with a combined single limit of not less than $750,000
for Class A tow trucks. The combined limits for Classes B, C, and D shall
not be less than $1,000,000, These minimum standards are to include
non,owned and hired auto coverage.
2) Uninsured Motorist - Legal minimum, combined single limit.
3) On-Hook Coverage/Cargo - Insuring the vehicle in tow with limits based
on the size of the tow truck,
a) Class A tow truck,.............,...............$50,000
b) Class B tow truck ............................$1 00,000
c) Class C tow truck ....., .....................$200.000
d) Class D tow truck............................$250,000
4) Garage Liability/Garage Keeper's liability - Includes premises and
operations, Coverage for bodily injury and property damage with a
combined single limit of not less than $500,000.
B, Proof of insurance shall be in the form of a certificate of insurance. Policy
expiration or cancellation will immediately nullify the TSA. The operator's
insurance policy shall provide for not less than 30 days written notice to the CHP
in the event the insurance policy is canceled or is due to expire.
11. INSPECTIONS
The CHP shall provide for not less than one annual inspection of all tow trucks at no
charge to the operator. The CHP may conduct additional inspections without notice
during normal business hours. The operator shall not dispatch a tow truck that has not
been inspected and approved by the CHP, The CtlP shall inspect a tow truck within
:1: ::1:' Jays of J reques; fjom an operator. An} operator who fails an inspection is entitled
to onlv one re-inspection. Failure to pass the re-insoection shall be cause for the
dIsqualification of the tow truck from use on CHP rotation. The tow truck shall be
disquJlified until the next enrollment period,
2005-2006 TSA 9819
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12. BUSINESS RECORDS
A. The operator shall maintain records of all tow services furnished. The records
will be maintained at the operator"s place of business. Invoices shall at a
minimum include a description of each vehicle, nature of service, start time, end
time, location ofcalL itemized costs ofto\\ing and storage, the tow truck driver's
name, and truck used.
B. At the operators primary oftice, they shall also maintain business records relating
10 personnel, insurance, personncltaxes, payroll, applicable operating authorities,
local operating authorities, lien sale actions, Federal Communication Commission
licensing, and non-CHP tows.
C. The CHP may inspect all operator records without notice during normal business
hours.
D. Operators shall permit the CHP to make copies of business records at their place
of business, or to remove business records for the purpose of reproduction. The
CHP shall provide a receipt for any (original) records removed from the place of
business.
E. Records shall be maintained and available for inspe.:tion for a period of tl\O years
plus the current term of this TSA.
F. Failure orthe operalor to comply with the inspection requirements shall be cause
for suspension.
13. FINANCIAL INTEREST
A. No operator or applicant shall be directly involved in the towing-related business
of any other operator or applicant within the same tow district.
B. Storage facilities owned by an operator, and shared with anuther operator, shall
only be approved if the owner/operator charges for the space exclusively on a tlat
1l10nthly rate rather than a vehicle-by-vehicle basis, or combination thereof.
Facilities shared by operators shall be physically separated and secured from each
other. Area commanders may delete this requirement ifdeemed appropriate.
C. The sale or transfer of the controlling interest in a company shall immediately
tenninate the TSA. A new owner ma~ a~ply for a rotation tow listing at any time
during the remainder of the current TSA term, regardless of the Area's enrollment
period.
D. A terminated or suspended operator, and/or the tow business owner at the time of
the suspension or term inatiun, shall not be el igible for a rotation listing for the
2005-2006 TSA 9819
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duration of the suspension or termination. This provision applies to the operator
working in any capacity within any tow business or operating any tow business,
and to the low business, even if operated under new ownership.
14. ANJ\UAL MEETINGS
The Area commander shall conduct. at a minimum, one annual meeting to discuss issues
conct:rning the tow rotation. All meetings shall be mandatory for the operator or
operator's designee wish ing to remain on rotation. The CHP shall give the operator 30
days written notice of these meetings,
IS. DEMEANOR AND CONDUCT
A. While involved in CHP rotation tow operations or related business, the tow
operator and/or employees shall refrain from any acts of misconduct including,
but not limited to, any of the following:
I) Rude or discourteous behavior.
2) Lack of service, selective service, or refusal to provide service which the
operator is/should be capable of perfOnll ing,
3) An)' act of sexual harassment or sexual impropriety.
4) Unsafe driving practices.
5) Exhibiting any objective symptoms of alcohol and/or dnlg use.
6) Appearing at the scene of a CHP rotation tow call with the odor of an
alcoholic beverage emitting rrom the driver's or employee's breath. The
operator/tow truck driver shall submit to a preliminary alcohol screening
test upon demand of the CHP.
B. All CHP-related tow service complaints rt:ceived by the CHP against a tow
operator or tow operator's employees will be accepted and investigated in a fair
and impartial manner. The operator will be notified of the results of any
investigation.
C. Should the filing of criminal charges be a possibility, the C!-IP will conduct the
investigation to conclusion or assist the lead in'.'Cstigating agenc~' and. if
warranted, request prosecution.
2005-2006 TSA 9819
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16. COMPLIANCE WITH LA W
1\. The tow operator and emplo}ees shall. 3t all times, comply with federal, state, and
localla\\'s and ordinances.
1) In the event of a minor traffic violation by a rotation tow truck driver
which is known by the CHP. the tow operator shall be advised of the
violation by the CHP. The tow operator will be granted the opportunity to
take necessary steps to ensure that the driver complies with the law. Any
subsequent traffic violations may be cause for disciplinary action against
the operator and/or the involved employees.
2) Any flagrant traffic violation may be cause for immediate disciplinary
action against the operator and/or the involved employees.
B. The provisions contained in Element 16, Compliance \\lith Law, do not preclude
the CHP from taking appropriate enforcement or administrative action for any
violations of la\". Complaints for violations of the law not nonnally investigated
by CHP will be referred to the agency with investigation jurisdiction.
C. Any conviction of the operator or employee involving a stolen or embezzled
vehicle, fraud related to the towing business. stolen or embezzled property, a
crime of violence, a drug-related offense. fclony driving while under the inOuence
of alcohol and/or a drug, misdemeanor driving while under the influence of
alcohol and/or a drug. or moral turpitude while involved in a CHP rotation tow
call shall be cause for removal of the employee from the list of current CHP
rotation tow truck drivers, denial of operator application, or tennination of the
TSA.
D. An operator or employee arrested/charged for a violation involving any of the
above crimes may be suspended until the case is adjudicated"
17. COMPLIANCE WITH THE TSA
k The operator agrees. as a condition of inclusion on the rotation tow list, to comply
\\ith the terms and conditions of the TSA. Furthermore, the operator agrees that _c_
!jilure by the operator or the operator's agent to comply with these tenns and
conditions shall be cause for writ1en reprimand, suspension, or terminatIon from
the CHP rotation tow lists.
B. Alleged violations of the TSA will be investigated by the CHP Area co\ered by
lh.: TSr\. The opera10r Wlii oe notified orlne CHP Area's rindings within 3D
calendar days of the conclusion of the investigation.
2005-2006 TSA 9819
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18. DISCIPLINARY ACTION
A. The Area commander shall take disciplinary action against operators for
violations investigated and confinned or sustained, Unless otherwise noted, the
Area commander shall determine the period of suspension. The Area commander
shall retain discretion regarding the length of any suspension imposed pursuant to
the terms and conditions of this TSA.
B. Records of violations shall be retained by the CHP for at least 36 months.
C Disciplinary action taken against an operator by an Area commander should be
honored by all CHP Areas being serviced by the operator in question.
D, A violation of the equip~ent requirements related to safety shall be cause for
immediate suspension. The suspension will remain in effect until the period of
suspension is completed and the CHP has conducted an inspection and concluded
the operator is in compliance.
E A violation of the GVWR and safe loading requirements ofa tow truck may be
cause for immediate suspension. This includes exceeding the tow truck's GVWR.
front axle weight rating, rear axle weight rating, maximum tire weight ratings, or
not maintaining 50 percent of the tOIV truck's unladen front axle weight on the
front axle when in tow.
L A violation of intentionally overcharging or a pattern of overcharging shall be
cause for suspension. The suspension will remain in effect until the period of
suspension is completed and the operator has presented proof to the CHP that
reimbursement has been made to the aggrieved customer.
G, CHP personnel shall not be offered gratuities and requests for gratuities shall not
be honored by tow company operators, employees, or associates of the company,
A violation of this section shall be cause for suspension or tennination.
H. Any unsatisfactory rating based upon any safety violation of the Biennial
Inspection of Terminals (BIT) Program shall be cause tor suspension. The
suspension will remain in effect untillhe period of suspension is completed and
the operator has presented proof of c-ompliance with the BIT requirements. Any
unsatisfactory rating may be cause tor suspension, failure of the operator to
satisfy a court order mandating reimbursement to the vehicle or property owner
for the damage or loss which occurred while the vehicle was in the operator's
custody will result in a suspension. The suspension will remain in effect until the
p~f1oci oi suspenslcn IS compieteci and tile operaror has presented proof of [he
reimbursement.
2005-2006 TSA 9819
I 8 or:2~
~--'~Tf'lil.r ~""""~""',"" ""("~" "'''':''-.,'''--'. -_-,""Tr""'->r~~~n=M,1r.",", ,'-",--p='~'rr'" .M"~'.'."'_'_",_ ~-IITIlf'~~' 'Ir"]
~"""1r-''''''''''-~
I. Failure orthe operator to comply \I ilh the inspection requirements of this TSA
will result in a suspension. The suspension will remain in effect until the period
of suspension is completed and the operator has complied with the inspection
requirement.
J. Failure of the operators to send tow truck drivers on CHP calls who are qualified
and competent employees shall be cause for suspension. The suspension will
remain in effect until the period of suspension is completed and the operator has
presented proof to the CHP that the driver is qualified and competent.
K. Failure of the operator to maintain the minimum insurance requirements set forth
in the TSA will immediately nullify the TSA. The operator will be subject to an
additional suspension for failure to notify the CHP in advance of the insur;,nce
policy expiration or cancellation.
L. Failure of the operator or employee to comply with Element 14, Demeanor and
Conduct, and/or Element 15, Compliance with Law, may be cause for suspension
if deemed appropriate by the Area commanoa.
M. If the operator is serving a suspension for one year or more, the operator shall be
required to comply with all terms and conditions of the current TSA at the time of
the reinstatement. There will be no approval of equipment that is not in
compliance with the equipment specifications contained in the TSA at the time of
reinstatement.
19. TERMS OF DISCIPLINARY ACTION
A. Except as specifically stated in the TSA, minor violations of tile terms and
conditions of the TSA may be cause for disciplinary action in the [ollowing
manner:
I. First violation within a 12 month period -letter of written reprimand.
2. Second violation within a 12 month period - I to 3D-day suspension.
3. Third violation within a 12 month period - 60 to 90-day suspension.
~. fourth violation within a 12 month period - termination of tile TSA.
Note: Tn lieu of termination. the CHI' mav impose additional suspensions
tor longer periods. if deemed appropriate.
2005-2006 TSA 9819
190f22
.. ~~"""~""~~'"'Tr'r- -1 r' -
~ mr
illf
"
B. Violalions of the terms and conditions of the TSA that are subject to suspension
for the first violation are categorized as major violations. Any subsequent or
continuing major violation may be cause for termination.
1. When considering punitive action for a major violation ofthe TSA, an
Area commander may take into consideration all major and miner
violations that occurred within 36 months prior to the date of the current
violation.
2. Termination shall be invoked if, in the CHP's judgment, continued
participation in the Rotation Tow Program by the affected tow operator
may result in a hazard to public safety and/or welfare, or the operator has
been convicted of a crime listed in Element lSC.
C. Nothing herein shall be deemed to prohibit the CHP from immediately
suspending any operator or employee whose conduct. in the opinion of the Area
commander, is deemed to be a danger to the motoring public or who has engaged
in conduct constituting a flagrant violation of the TSA.
20. HEARING/APPEAL
A, In the event the CHP serves the operator with disciplinary action, the operator
may request a hearing within seven calendar days by submining a request in
writing to the Area commander. If a hearing is requested, it shall be held as soon
as practicable. The hearing shall be conducted by the Area commander or
designee, and the operator shall be entitled to present all relevant facts and
circumstances in support of the operator's position. The operator shall be f1lr1her
entitled to present testimony of at least one qualified person. The operator shall
be notified in writing of the Area commander's decision(s) within ten business
days of the date of completion of the hearing.
B. Following a hearing, if the operator is dissatisfied with the Area commander's
deeision(s), the operator may appeal by submitting a request in writing to the CHP
Division commander within seven calendar clays. If an appeal is requested, it
shall be held as soon as practicable. The appeal shall be conducted by the
Division commander or designee. The operator shall have the same rights as
those provided at the Area level. The operator shall be notified in writing of the
decision(,) of the Division commander within ten business days of the date of the
appeal. The Division commander's decision(s) shall be subject to no further
administrative apoeal.
C. A suspension shall not take effect until the hearing and appe~lI process has bcen
exhausted, with the exception of operators \\ hose conduct is deemed to be a
2005-2006 TSA 9819
20 of 22
, if"'''"
. '"n~"
... '
C"'.,_ _...~'" . .
" .
,-
danger [0 the motoring public or who continuc to violate the tt:rms and conditions
of this TSA. Ifan operator fails to request a hearing or appeal within the
specified time or fails to appear at a scheduled hearing or appeal, the action taken
by the CHI' Area commander shall be final and the suspension shall take effect
upon written notification to the operator by the Area commander.
21. MlDTERJ\1 RE\tlEW
A. The purpose of this section is to provide a process for a midterm review of the
terms and conditions of the TSA in the event that there is a legitimate and
substantial change in conditions or law affecting the majority of the operators
within an Area or the CHP.
1>. A midterm review, when granted by the Commissioner or designee, will not
automatically authorize a change in the terms and conditions of the TSA. Ifa
midterm review is announced by the Commissioner or designee, it is the
responsibility of the affected Area commander to conduct a review of the
conditions which initially caused the request to be communicated and to
determine if the change is justified.
22. ADVERTISING
The operator shall not display any sign or engage in any advertisement ind icating an
official or unofficial connection with the CHI' or the Department of Motor Vehicles.
23. CANCELLATION
This TSA may be canceled by either party by giving written notice to the other party.
2005-2006 TSA 9819
21 of 22
""~"""-- """,. Ti(F'F' , .~ - rT'-^'~,,:,"
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"O~'P'.',7:".'.'",",~"<"'V"'.''?'"~~~
2~. OPERATOR APPROVAL
I certify that all drivers operating under this Tow Service Agreement (TSA) are qualified and
competent. I further certify that I have read and understand this TSA and agree to abide by all
the provisions. I further agree to indemnify. defend, and save harmless the state, its officers,
agents, and employees from any and all claims and losses accruing or resulting to the operator in
connection with the performance of the TSA, and from any and all claims and losses accruing or
resulting to any person, firm, or corporation who mJY be injured or damaged by the operator in
the performance of this TSA. The operator, and the agents and employees of the operator, in the
performance of this TSA, shall act in an independent capacity and not as officers or employees
or agents of the State of California. The terms of this TSA (2005-2006 TSA) will become
e ffecti ve:
and end
Date
Date
Opera 101' Approval
r----
S ignalure Typed Name
--
Company Title Date
Business Address Phone Number
- - -
--
-~--
2005-2006 TSA 9819
22 of 22
EXHmIT 3
1
2
3
4
5
6
7
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9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF SAN BERNARDINO )
I, RACHEL G. CLARK, City Clerk in and for the City of San
Bernardino 00 HEREBY CERTIFY that the foregoing and attached copy of
City of San Bernardino Resolution No. 1999-86 and the Agreement for Tow
Services by and between the City of San Bernardino and Wilson Towing LLC,
are full, true and correct copies of that now on file in this office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of San Bernardino this 16th day of June 2005.
~.J;).~
Rachel G. Clark; City' Clerk
~~ -- . ~_ _c.'''(____.,__''".,~_
r
~~~----
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1
RESOLUTION NO. 1999-86
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 98-195 AND ESTABLISIDNG
STANDARD CRITERIA FOR COMPANIES TO PROVIDE TOW SERVICES FOR
THE CITY OF SAN BERNARDINO.
3
4
5
BE IT RESOLVED BY mE MAYOR AND COMMON COUNCIL OF mE CITY OF SAN
BERNARDINO AS FOLLOWS:
6
SECTION 1. Resolution No. 98-195 establishing standard criteria for companies to
7
8
provide tow services is hereby repealed.
9
SECTION 2. Companies providing tow services for the City of San Bernardino shall
10
first enter into an agreement with the City of San Bernardino granting a non-exclusive franchise
11
agreement, which shall include, but shall not be limited, to the following terms and conditions:
12
1.
Every towing carrier shall:
13
A.
Have a minimum storage space for 200 vehicles with a minimum of
14 twelve inside spaces; outside storage lots must be adequately lighted.
15
B.
Have an attendant on call twenty-four (24) hours a day, seven days a
16
week at place of business.
17
C.
Have no more than two telephone numbers listed with any City
18
department.
19
D. Store towed vehicles in a safe and protected space where the vehicles
20
21
and their contents will not be accessible to thieves nor be damaged by activity in the carrier
22
establishment or from the elements or by vandals; no vehicles shall be left parked or stored on
23
the public streets at anytime; in no event shall the city be liable for any theft, vandalism or
24
damage occurring to any such vehicle or its contents.
25
E.
Post a tag on the windshield on all cars ordered impounded by a City
department.
1
~~"" '"--T-'"'~~"~--"
I
I
'--~---- -. ,~-" --.-
~ ~-"'" ~i"5Z.
., . 1999-86
1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 98-195 AND ESTABLISHING
STANDARD CRITERIA FOR COMPANIES TO PROVIDE TOW SERVICES FOR
THE CITY OF SAN BERNARDINO.
2
3
4
F.
Collect all towing or hauling and storage charges on each vehicle from
5 the owner; in no event shall the city be liable for any such charge.
6
G.
Whenever a vehicle has been involved in an accident or a traffic
7
violation, and the owner or someone delegated by him is present and is capable of removing the
8
vehicle from the street with reasonable dispatch, and the vehicle is not n~ed for criminal
9
evidence, City and/or towing carrier shall permit the owner or his delegate to remove the
10
vehicle or call a towing company of his or her own choice to remove the same; provided,
11
however, that if the street cannot be cleared for safe public use with reasonable dispatch by the
12
above method, and in all situations other than above set forth, a towing carrier from the top of
13
the rotation list will be called by the City.
14
15
H. Furnish each owner with a fully itemized billing.
16
I.
Immediately after each towing operation, make a towing slip with the
17
contents of each vehicle placed in his or her care itemized thereon as verified by the officer
18
ordering the same and make the slip available to the City on request.
19
J.
Release no impounded vehicle without first having obtained a release
20 from the City to do so.
21
K.
Agree to a rotation system established by the City.
22
L.
Comply with all rules, regulations and laws of the State of California,
23
County of San Bernardino and City of San Bernardino.
24
M. Have adequate equipment to handle calls from the city, impounds and
25
storage of motor vehicles.
2
""""_.P"-'~'_'~'~"m"",,'~"""'~__""_'~- .~'''n'.'',,_~__c,..' .-....r ..."..~- n~q_~",,~~
'!II
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, .
1999-86
1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 98-195 AND ESTABLISHING
STANDARD CRITERIA FOR COMPANIES TO PROVIDE TOW SERVICES FOR
THE CITY OF SAN BERNARDINO.
2
3
4
N.
The carrier shall operate from a location within the City of San
5 Bernardino, and all of the facilities necessary to comply with the provisions of this resolution
6 shall be located within the City of San Bernardino.
7
o.
Carry a broom, trash can and sand and shall clean and remove broken
8
glass, spilled oil, or gasoline from the area before departing, unless directed to not do so by
9
police officers and/or designated City employees at the scene.
10
P.
Each tow carrier shall maintain insurance pursuant to the requirements of
11
the most recent California Highway Patrol tow service agreement. The City of San Bernardino
12
shall be named as an additional insured on all policies including the workers compensation
13
14
policies. Tow carriers shall provide an endorsement to each policy showing the City as an
additional insured.
15
16
Q.
Tow vehicles shall be rated at a minimum of 14000 GVW.
17
2.
The City shall establish a per call rotation system of qualified towing carriers
18 who have entered into agreements with the City for the performance of towing services in
19 response to calls from the City. All departments of the City shall comply with the rotation
20 system.
21
3.
Every towing carrier shall comply with and qualify under all the requirements
22
set forth in this resolution as a condition precedent to being eligible to be placed on the rotation
23
list.
24
4. Each towing carrier shall give or cause to be given written notice to the
25
registered and legal owners of each vehicle which is towed in conformity with the authorization
and requirements of this resolution concerning the fact of such towing, the place at which such
3
....
<>."~~,~,,, .~. "=',~~'w=r='-'
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, .
1999-86
1
. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO REPEALING RESOLUTION NO. 98-195 AND ESTABLISIDNG
STANDARD CRITERIA FOR COMPANIES TO PROVIDE TOW SERVICES FOR
THE CITY OF SAN BERNARDINO.
2
3
4
vehicle is stored and the imposition of charges for towing, storage and related services
5
whenever the towing carrier knows or is able to ascertain from the registration records in the
6
vehicle or from the registration records of the Department of Motor Vehicles the name and
7
8
address of the registered and legal owners. The notice shall be given not more than ten (10)
9
days from the date of the towing of the vehicle by the towing carrier.
10
5.
Every tow truck which is subject to the provisions of this resolution and which
11
by agreement responds to calls for service by the City, shall be clearly marked on both sides of
12
the cab with the name and telephone number of the towing carrier which operates the truck.
13
6.
City shall enter into agreements with tow carriers not to exceed one company
14 per 35,000 residents of the City.
15
7.
Any agreement entered into pursuant to the terms of this resolution may be
16
terminated by either party, without prejudice, upon thirty (30) days written notice to the other
17
party.
18
8. Each month, Tow Carriers shall submit a list of all vehicles towed the previous
19
month, including license plate numbers and vehicle identification numbers.
20
9.
Tow Carriers shall charge for services on calls by the City in an amount not to
21
22
exceed ten dollars ($10) above the hourly rate set forth by the California Highway Patrol. The
23
minimum charge for services shall not exceed one (1) hour.
24 10. Standby time for tow trucks will begin one (1) hour after receipt of calls from
25 the City and is defined to mean the time consumed after the first hour in necessary preparations
in order to tow the disabled vehicle and in cleaning up the immediate surrounding area.
4
_~W~~=~,,,,,,~~,",,,,,,_~_,,,~_'~_=c,,"<,~_~,~,m, '! I
1
-'V"v'W'T ~__m "'" r~
: ....~="""'"":'::'~ c
, 1999-86
1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 98-195 AND ESTABLISHING
STANDARD CRITERIA FOR COMPANIES TO PROVIDE TOW SERVICES FOR
THE CITY OF SAN BERNARDINO.
2
3
4
11. In the event that a towed vehicle is forfeited by the owner in accordance with
5
Section 14607.6 of the California Vehicle Code, the proceeds of the sale of the vehicle shall be
6
distributed pursuant to said section of said Code.
7
8
12. The tow carriers shall be charged a franchise fee set forth in the Agreement for
9
Tow Services. The police department shall determine the average monthly franchise fees
10
collected in the prior fiscal year. The tow carriers on the police department rotation list will
11
each pay an equal share of the franchise fees on a monthly basis. This franchise fee shall be
12
paid from the tow carrier's profits and shall not be passed on to the vehicle owners. Should the
13
total number of tow carriers on the rotation list change, the franchise fee win be adjusted
14
accordingly among the tow carriers. Ten days notice shall be given to the participating tow
15
carriers of any change in the amount to be paid to the City.
16
13. All towing carriers shall also comply with the most recent California Highway
17
Patrol tow service agreement as such agreement shall be amended from time to time. Where
18
provisions of this resolution and the CHP tow service agreement shall be found to be in
19
conflict, the provisions of this resolution shall prevail.
20
21
14. The administrative fee set by resolution of the common council will be collected
22
by the San Bernardino Police Department.
23
24
25
5
-
-"~'~~=-'-'''~"''''''-'---''iI<''''i?'''''''''~-="'-'>-".,- -~-~ ~<----"""'~-~i~r~-'-='-~~~'m__'l1-
- =~ ~~-,,~:
. 1999-86
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
RESOLUTION TO REPEAL RESOLUTION 98-195 AND AGREEMENT FOR TOW
SERVICES.
I: IIBRBBY CBR'lI:n that the foregoing resolution was dull' adopted by the
Mayor and c~ Council of the City of SaD Bernardino at a joint regular
I188ting thereof. held on the 17th day of May, 1999. by the following vote, wit:
COUNCIL MEMBERS: AYES NAYS ABSENT ABSTAIN
ESTRADA -L-
LIEN X
-
MCGINNIS X
SCHNETZ X
DEVLIN X
ANDERSON X
X
MILLER
~/;J. ~
CITY CLERK
The foregoing resolution is hereby approved thi~Ohuiay of May
,1999.
/
Approved as to
Fonn and legal content:
JAMES F. PENMAN
City Attorney
~p~
6
EXHIBIT 4
~'~~'n~_~' .. _~'"~=~_~"u ~
'-"'.e~"'''~~'"''-'''~'~""'r'~'~-''''~'"' .'''V'n.~. ._- ,<Cue''' ""
"~~~~'"--
1999-86
Wilson Towing'
1
AGREEMENT FOR TOW SERVICES
TIllS AGREEMENT FOR TOW SERVICES entered into this
pJ
/7 day of
2
3 ~ 1999, by and between the City of San Bernardino ("City") and Wilson Towing ~
4 L.L.C. (''Towing Carrier") shall become effective July 1, 1999
5 The parties hereto agree as follows:
6
1.
Towing Carrier hereby agrees to provide tow services to the City of San
7 Bernardino pursuant to the terms and conditions contained in this Agreement.
B
2.
Towing Carrier shall:
9
A.
Have a minimum storage space for 200 vehicles with a minimum of
10 twelve inside spaces; outside storage lots must be adequately lighted.
11
B.
Have an attendant on call twenty-four (24) hours a day, seven days a week
12 at place of business.
13
C.
Have no more than two telephone numbers listed with any City
14 department.
15
D.
Store towed vehicles in a safe and protected space where the vehicles and
16 their contents will not be accessible to thieves nor be damaged by activity in the carrier
17 establishment or from the elements or by vandals; no vehicles shall be left parked or stored on
18 the public streets at anytime; in no event shall the city be liable for any theft, vandalism or
19 damage occurring to any such vehicle or is contents.
20
E.
Post a tag on the windshield on all cars ordered impounded by a City
21 department.
22
F.
Collect all towing or hauling and storage charges on each vehicle from the
23 owner; in no event shall the city be liable for any such charge.
24
G.
Whenever a vehicle has been involved in an accident or a traffic violation,
25 and the owner or someone delegated by him is present and is capable of removing the vehicle
1
~iT~.m'"~""~"",,~--,,,,~'''''~'. -"~-"'i:~'''x;;, "r'" '!?"-'f"rr~""-?"~" ''''''::L~;~:~~::",~==~;-!i!lll~~1!~.,''~~,._
1999-86
1 from the street with reasonable dispatch, and the vehicle is not needed for criminal evidence,
2 City and/or towing carrier shall permit the owner or his delegate to remove the vehicle or call a
3 towing company of his or her own choice to remove the same; provided, however, that if the
4 street cannot be cleared for safe public use with reasonable dispatch by the above method, and in
5 all situations other than above set forth, a towing carrier from the top of the rotation list will be
6 called by the City.
7 H. Furnish each owner with a fully itemized billing.
S I. Immediately after each towing operation, make a towing slip with the
9 contents of each vehicle placed in his or her care itemized thereon as verified by the officer
10 ordering the same and make the slip available to the City on request.
11 J. Release no impounded vehicle without first having obtained a release fro
12 the City to do so.
13 K. Agree to a rotation system established by the City.
14 L. Comply with all rules, regulations and laws of the State ofCalifomia,
15 County of San Bernardino and City.
16 M. Have adequate equipment to handle calls from the city, impounds and
17 storage of motor vehicles.
18 N. The carrier shall operate from a location within the City of San
19 Bernardino, and all of the facilities necessary for said operation shall be located within the City
20 of San Bernardino.
21 O. Carry a broom, trash can and sand and shall clean and remove broken
22 glass, spilled oil, or gasoline from the area before departing, unless directed to not do so by
23 police officers and/or designated City employees at the scene.
24 P. Each tow carrier shall maintain insurance pursuant to the requirements of
25 the most recent California Highway Patrol tow service agreement. The City of San Bernardino
2
'0
~""~"."..."_.".'_' ,~,~~,""o,'''O''
"-.,' i'P'I'_"!"~~~..,_"",~, ~~""""""",_".~_=_~;'!l!P.'[~~""'-'"""~-7'>""'~I"~~~~~~~~~~:-=::""__':'
Wilson
1999-86
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
shall be named as an additional insured on aU policies including the workers compensation
policies. Tow carriers shall provide an endorsement to each policy showing the City as an
additional insured.
Q. Tow vehicles shall be rated at a minimum of 14000 GVW.
3. Towing Carrier shall give or cause to be given written notice to the registered and
legal owners of each vehicle which is towed in confonnity with authorization and requirements
of this Agreement concerning the fact of such towing, the place at which such vehicle is stored
and the imposition of charges for towing, storage and related services whenever the towing
carrier knows or is able to ascertain from the registration records in the vehicle or from the
registration records of the Department of Motor Vehicles the name and address of the registered
and legal owners. The notice shall be given not more than ten (10) days from the date of the
towing of the vehicle by the towing carrier.
4. Every tow truck of towing carrier which is subject to the provisions of this
Agreement and which by virtue of this Agreement responds to calls for service by the City, shall
be clearly marked on both sides of the cab with the name and telephone number of towing
carrier.
S. Any agreement entered into pursuant to the tenns of this resolution may be
terminated by either party, without prejudice, upon thirty (30) days written notice to the other
party.
6. Towing Carrier shall be dispatched to tow caUs on a per call rotation basis in
conjunction with other towing carriers which have entered into agreements with the City.
7. Each month, Tow Carriers shall submit a list of all vehicles towed the previous
month, including license plate numbers and vehicle identification numbers.
3
--'~<'_~"~~"__"","",,"W"''''''''__ .""--,,~~~ -=","--~-"'''---' -'--~--~--. -"~,, '" "=~-> ,. """""ll' :.
F~;:!:.~.
Wi~SOD
1999-86
1
2
3
8. Tow Camer shall charge for services on calls by the City, in an amount not to
exceed ten dollars ($ I 0) above the hourly rate set forth by the California Highway Patrol. The
minimum charge for services shall not exceed one (I) bour.
9. Standby time for tow trucks will begin one (1) bour after receipt of calls from the
City and is defined to mean the time consumed after the first hour in necessary preparations in
order to tow the disabled vehicle and in cleaning up the immediate surrounding area.
10. In the event that a towed vehicle is forfeited by the owner in accordance with
Section 14607 of the California Vehicle Code, the proceeds of the sale of the vehicle shall be
distributed pursuant to Section 14607.6 of said Code.
II. Upon reasonable advance written notice, City shall have the right to review and
audit the books of towing carrier at towing carrier's place of business and during business hours.
12. The parties understand and agree that this Agreement grants Towing Carrier a
non-exclusive franchise.
13. The City will collect a vehicle administrative fee per each vehicle towed, which
shall be set by resolution by the Mayor and Common Council. Such fee shall not be charged for
those individuals who have had their vehicles towed, stored or impounded as a result of being a
victim of a crime (car theft, etc) or those vehicles belonging to any public agency.
14. The averaged franchise fee will equal $24,000 per month, which will be divided
equally among each of the participating tow carriers. Such franchise fee shall be paid by the
towing carrier, out of its profits, and shall not be passed on to the vehicle owner. Should the to
number of tow carriers on the rotation list change, the franchise fee will be adjusted accordingly
among the tow carriers. Ten days notice shall be given to the participating tow carriers ofany
change in the amount to be paid to the City.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
4
.""r" . "__'_L~_,""T'_T"' . "_.~_",_<,..""..,,
". .,""'~-'.",&~_.._...' y"~..---""",..~"",..,,,~..,-~,,- ."-"..i'~:,,-~ c'
1999-86
Wilson
1
15.
Towing Carrier shall also comply with the most recent California Highway Patrol
2 tow service agreement. Where provisions of this Agreement and the CHP tow service agreement
3 shall be found to be in conflict, the provisions of this Agreement shall prevail.
4
16.
Towing carrier shall also comply with all provisions of the Resolution of the
5 Mayor and Common Council of the City of San Bernardino Establishing Standard Criteria for
6 Companies to Provide Tow Services for the City of San Bernardino as said resolution exists
7 and/or as said resolution may be amended from time to time.
8
17.
This Agreement represents the entire Agreement between the City and the
9 Towing Carrier and fully supersedes any and all previous Agreements entered into by and
10 between the City of San Bernardino and Wilson Towing L.L.C.
11
18.
Any notice to be given pursuant to this Agreement by either party to the other
12 shall be deposited with the United States Postal Service, postage prepaid, and addressed as
13 follows:
14
15
To the City:
City Administrator
300 North "D" Street
San Bernardino, CA 92418
16
17
18
To Towing Carrier:
Wilson Towing L.L.C.
2310 E. 3 rd Street
San Bernardino, CA 92410
19
20
Nothing in this paragraph shall be construed to prevent the giving of notice by personal
21
service.
22
23
24
25
5
~v"'W'f'''''''''''t,,,,,~''c'~~;e''~Ti''~'''''"~'T'~~'' ~ ,~~ ~"r""s""!;;7~ir~~'~~'~~ ,,~' ',,' "-'~~Ilr~"~~" < "~~'~'<~'7"""'^"'~~;~~
I' I. '..
1999-86
Wilson
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
2 and date first above shown.
3 CITY OF SAN BERNARDINO
4
5
6
7
Attest:
By:~h.~
Wilson Towing L.L.C.
"Towing Carrier"
8
9
10
BY~. <{1~~
11
12
Approved as to Form
and Legal Content:
13
14
James F. Penman,
City Attorney
15
16
17
18
19
20
21
22
23
24
25
6
ExumIT 5
"--"~ lrMrT-=~~-''"''''~'''-~'''o
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POLlCE DEPARTMENT
GAIUlETI W. ZIMMON . CHIEF OF POUCE
P.O. Box 1559. San Bernardino. CA 92402.1559
909.384.5742
www.sbcity.org
...
June 3, 2005
Wilson Towing Company
2310 East 3rd Street
San Bernardino, CA 92410
Hand Delivered
RE: Towing Contract with the City
Dear Gentlemen:
Recently the City found that the ownership of your business changed. Pursuant to the CHP Tow
Services Agreement (TSA), which is incorporated into the City contract, a change of ownership
in a company immediately terminates the City towing contract. Please see page 15, paragraph
12(c) of the TSA.
Therefore, this letter is to advise you that the towing agreement between YOll and the City is
terminated effective immediately.
The City is currently working on its selection criteria for adding tow carriers to its rotation. As
soon as this process is completed, the City will be selecting a replacement carrier. At that time
you will be able to reapply.
Very truly yours,
,'-.'
~:::j
.~:::.
t:..--";-J
Garrett W. Zimmon, Chief of Police
L;JtJJ~
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Michael Billdt, Assistant Chief of Police
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LEADERS IN SETTING THE STANDARD OF EXCELLENCE
ExmBIT 6
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,- ' ,~-"~","".~",,, ".,
Law Offices
of
~l/'7
1881 S. Business Center Drive, Suite 7B
San Bernardino, California 92408
Telephone (909) 890-4039
Telefax (909) 890-4069
Mailing Address:
Post Office Box 5761
San Bernardino, CA 92412
J. PATRICK RAGAN
J. PATRICK RAGAN
,",,'
(''''-~
,,_.; l
June 9, 2005
c__
HAND DELIVERED
Mr. Bob Simmons,
Deputy City Attorney
Office of San Bernardino City Attorney
300 North "0" Street, Sixth Floor
San Bernardino, California 92401
y;
Re: Big Z Autoworks I Wilson Towing, LLC
Tow Service Agreement Termination Letter
City of San Bernardino, California
DEMAND FOR APPEAL BY BIG Z AUTOWORKS AND WIL~ON TOWING.
LLC FROM JUNE 3. 2005 TERMINATION FROM ROTATIONAL TOW LIST
Dear Mr. Simmons:
The undersigned acts in the capacity of local counsel representing the
interests of BIG Z AUTOWORKS ("BIG Z") and WILSON TOWING, LLC
("WILSON") in reference to the above matter. You should be aware that both BIG
Z and WILSON are among the two oldest tow service companies in the City of
San Bernardino. Both BIG Z and WILSON have been in existence and
continuously operating for decades in the City of San Bernardino. Both BIG Z
and WILSON carried out their operations under the rotational tow list
exceptionally without any complaints.
The new principals of BIG Z and WILSON are Los Angeles Police
Department officers, who have a reputation of the highest integrity and honesty.
There have been no complaints of any impropriety against the new principals or
their business.
A Professional Corporation
Emphasizing in MalIers Related to Business, Real Estate
and to The Construction Industrv
-. - ^ ""--~~'-~-'--
~~~
-,,- ----.. ...--'
Mr. Bob Simmons,
. Deputy City Attorney
June 9, 2005
page 2
Let this letter serve as the objection of BIG Z and WILSON to the hand
delivered letter, dated June 3, 2005, of Michael Billdt, Assistant Chief of Police
terminating BIG Z and WILSON from the rotational tow list in the City of San
Bernardino. The June 3,2005, Tow Service Agreement Termination letter does
not afford BIG Z or WILSON any procedural due process rights of adequate
notice or opportunity to appeal or review of the determination to terminate them
from the rotational tow list.
You should be aware that both of my clients requested forms from the
Police Department to re-apply for the rotational tow list, but were denied. My
clients were specifically told there were no forms, as the Tow Service Agreement
was in the process of being revised. This is excuse given by the Police
Department is highly suspect since my clients learned there are currently three
(3) new applicants for the rotational tow list pending consideration.
BIG Z and WILSON have procedural due process right to a full and fair
hearing to appeal the decision to terminate them from the rotational tow list in the
City of San Bernardino. BIG Z and WILSON demand that an appropriate hearing
be scheduled for them to make such an appeal. In addition, both BIG Z and
WILSON demand that they be reinstated to the rotational tow list immediately
pending a final adjudication of this matter through the exhaustion of all
administrative remedies afforded by rule, statute, or ordinance and any and all
civil remedies, both legal and equity.
As I stated above, I act in the capacity of local counsel for BIG Z and
WILSON. You should expect to receive an additional letter from Mr. Michael P.
McGovern, Esq. of the Law Offices of Ayres & Parkey. I am sure you are familiar
with Mr. McGovern, whose practice is concentrated in matters relating to the
automotive towing industry nationwide. Mr. McGovern has served for thirteen (13)
years as general counsel for the National Towing Association. Mr. McGovern is
admitted in the Ninth Circuit. I am sure you are aware that Mr. McGovern has
served as lead counsel in two (2) landmark California cases involving the towing
industry, Toeherv. Citvof Santa Ana (2000,9 th Cir.) 219 F. 3d 1040 and Tillison
v. City of San Diego (2005, 9 th Cir.) 406 F. 3d 1126 which is pending a motion
for en bane review.
It was essential for my clients to retain Mr. McGovern, Esq. to represent
them in this matter given the huge financial stakes which have arisen out of the
City of San Bernardino's procedurally defective decision to terminate them from
A Professional Corporation
Emphasizing in Matters Related to Business, Real Estate
and to The Construction Industry
-- . ~."'\fv.V""'W'''''[;'--'- 0'
,~.~'_n'~l' 1 15""~-
~_ ~",_'~'_'''_L ___,_,,"",
o Mr. Bob Simmons,
Deputy City Attorney
June 9, 2005
page 3
the rotational tow list. My clients have mortgaged their personal savings for their
tow business, of which the rotational tow list is a significant part. The City's
decision to terminate my clients from the rotational to list without procedural due
process has caused my clients to suffer a detrimental economic impact which
now threatens their business.
Please direct all further communications in this matter to this office. I
request that you contact the undersigned upon receipt of this letter.
Very Truly Yours,
JPRjs
cc: clients
cc: Michael P. McGovern, Esq.
A Professional Corporation
Emphasizing in Malters Related to Business, Real EstaJe
and to The Construction Industrv
EXIDBIT 7
--->~-~-'">"-"Q=N"'>~'~""",","~F '","-"
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POLICE DEPARTMENT
GARRJ-:TT W. ZIMMON . CIlIEF OF POLICE
P.O. Box 1559 . San Bernardino. CA 92402-1559
909.384.5742
www.sbcity.org
June 10, 2005
VIA PERSONAL DELIVERY & U.S. MAIL
Wilson Towing Compa'lY
2310 East 3rd Street
San Bernardino, CA 92410
Re: Tow Service Agreement with City of San Bernardino
Gentlemen:
Please be advised that the termination of the Tow Service Agreement has been stayed. Your
company will be reinstated to the City Tow rotation immediately. However, the temlination will
take effect 30 days from the date of this letter. The City Attorney's Office has advised your attorney
regarding appealing this issue to the Mayor and Common Council of the City of San Bernardino.
Yours very truly,
Garrett Zimmon, Chief of Police
Michael Bil1r1'
"ant Chief of Police
RLSlc J [Towing Wilson, Ltr )
q
LEADERS IN Sl'TTING THE STANDARD OF EXCELLENCE
EXHffiIT 8
iRW~"> ...'-~="'~r"'''':''iUlr~:'i'':'?f~'A'-~'''f';r'',., ~"I%~W"-""",,-"'F",F"="'''''-'' -.'----~~-1'-3~""'" 'l'''!''''-'T~''''~~~''',",,''T''''''''''CFC'''--'-' '-
-"C-"':7">-""~"'1;'!~F-?~"""",~",p"'~r4s,'''''''W''''''~j_::'''~~-
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, CM.C. . CITY CLERK
300 North "D" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.cLsan-bernardino.ca.us
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
1, Rachel Clark, City Clerk of the City of San Bernardino, DO
HEREBY CERTIFY that the foregoing and attached copy{ies) of document(s)
is a full, true and correct copy of that now on file in this office.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of San Bernardino this 15th day of June,
2005.
Radul (J)~
City Clerk
City of San Bernardino
By: ~ .&u~
D ty
CITY OF SAN BERNARDINO
AnoPTRD SHARED VA;LUES: lntel!ritv. Accountabilitv' Resnect for Human Dilmitv' Honestv
_.._".~ .,~ .'
.
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. ~~..~._".~~.~. .
~ime .11 :29:02AM
Date 6/15/2005
City of San Bernardino
Account Details Report
Page
Account Number
907106
Business Name
WILSON TOWING LLC
Business Phone
(909)888-5455
Status
210
Current Balance
$ 0.00
Buslne.. Type
B999
Business Subtype
o
Mailing Address
2310 E 3RD ST
SAN BERNARDINO, CA 92410-5200
SIC FEIN expiration Date
453998 33-0787193 7/3112005
BEAN SEIN License Issued Da
9/29/2004
PARCEL CORPORATE 10 Start Date
201284844 8126/2004
EMPLOYEES CONTRACTOR EXP Cease Date
14
DOB DL#
10/19/72 CA A3628036
Business Addre..
2310 E 3RD ST
SAN BERNARDINO, CA 92410-5200
Location Code
o
License Frequency Contractor Number
A
Contact Code OC Contact Name
JOHN X VACH JR
Contact Address
1451 IRVING AVE
GLENDALE, CA 91201-1274
PHONE
Business
Home
(909)888-5455
(818)298-0703
Payment History
PAYTYPE
Check
POSTDATE
08/31/2004
AMOUNT
$60.00
CHECK #
5802
NOTES
na
NOTES
CODE
25
25
cc
cc
cc
CC
Payment of $60 made 8/25 tr to this account from Acct# 907088.
Change of ownership of over 50% of the company. Class remains the
same as old account number 21710.
Business type's code has been changed from H150 to B999.
SIC's code has been changed from 48841 to 453998.
Business type's code has been changed from 0 to H150.
SIC's code has been changed from 0 to 48841.
Entered Entered Bv
8/31/04 1:15 pm BARBARA
8/30/04 3:51 pm ROGER
8/30/04 12:00 am ROGER
8/30/04 12:00 am ROGER
8/26/04 12:00 am REGINA
8/26/04 12:00 am REGINA
Quickserve Suite
<:on"<>leteacdetalls4sal 0510512003
""<~"-"-'~ - '~''-'-'!__'''',-:;-,:{~~,,,:,,'c,,-,,,.:~''',-,,.7_'...-,'''~'i;J.;--"~''-'~''':''''?H~:''~-"'!;_'''_' "'~- - -~"',' '''~--i<'''__'''~'~:~!'.-~''--''~'''--'_ ". ",",,*,':l;I~Jf'."-'''''<'-''__'Y''r''''=~'_''--'_-~
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....
OFFICE OF THE CITY CLERK
RAcHEL G. CLARK, CM.C. . CITY CLERK
300 North "D" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.cLsan-bernardino.ca.us
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
1, Rachel Clark, City Clerk of the City of San Bernardino, DO
HEREBY CERTIFY that the foregoing and attached copy(ies) of document(s)
is a full, true and correct copy of that now on file in this office.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of San Bernardino this 15th day of June,
2005.
~ackf !lM
City Clerk
City of San Bernardino
By: ~ ~ttAbt
De ty
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: IntelU'ity. Accountability' Respect for Human DijVlity' Honesty
Time
Dale
,--~",~~__w,.,_._~.~,._.~.,~...,~~_...~~._ "...,~.__.,,-
11 :29:37 AM
"'6/15/2005
"'__'V__.
-~--"""'~.>.~
City of San Bernardino
Account Details Report
Page
Account Number
21710
Business Name
WILSON TOWING LLC
Business Address
2310 E 3RD ST
SAN BERNARDINO, CA 92410-5200
Business Type
B999
Business Subtype
o
Mailing Address
2310 E 3RD ST
SAN BERNARDINO, CA 92410-5200
SIC FEIN Expiration Date
453998 12/3112004
BEAN SEIN License Issued Da
023-691183 3/412004
PARCEL CORPORATE ID Start Date
CA 0-0835700 1/1/1985
EMPLOYEES CONTRACTOR EXP Cease Date
12 8/30/2004
DOB DL#
PHONE
Business (909)888-5455
Business Phone
(909)888-5455
Status
12132
Current Balance
$ 0.00
Location Code
o
License Frequency Contractor Number
A
Contact Code 01 Contact Name
RICK BECKER
Contact Address
27240 13TH ST
HIGHLAND, CA 92346-3173
PAYTYPE
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
POSTDATE
02113/2004
02103/2003
01/28/2002
01/31/2001
01/25/2000
01/26/1999
01/27/1998
01/28/1997
01/29/1996
02101/1995
02101/1994
0210211993
01/31/1992
02118/1991
01/31/1990
01/31/1989
AMOUNT
$724.61
$681.00
$595.76
$591.53
$531.45
$517.40
$469.00
$513.53
$461.69
$414.53
$386.03
$384.62
$384.57
$427.06
$413.00
$416.00
Payment History
CHECK #
5268
NOTES
na
CODE
24
NOTES
Entered Entered Bv
8/24/04 11 :49 am ROSEMARY
CLOSED PER PHONE CALL, SOLD TO NEW OWNER JOHN &
L1LLlANA VACH ON 6/1/04 INSTRUCTED PRE OWNER TO
ADVISE NEW OWNER TO COME IN AND APPLY FOR ZONE
AND B/L
Quickserve Su"e
COIT1lIoteacdetalls4sal05l05/2003
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1
2
DECLARATION OF ROBERT L. SIMMONS
1.
I am a Senior Assistant City Attorney in the City Attorney's Office of the City of San
3 Bernardino. I have been employed in the City Attorney's Office for the past 15 plus years.
4
2.
The Police Department notified me that they had received information that Wilson
5 Towing, ILC had changed ownership.
6
3.
I ordered copies of the Business Registration Certificate information for Wilson
7 Towing, ILC from the City Clerk's Office.
8
4.
I received copies of the Account Details Reports on the company from the City
9 Clerk's Office.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5.
The Report on Wilson Towing, ILC showed a "change of ownership of over 50% of
the company" on August 30, 2004.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on June 16,2005 at San Bernardino, California.
~~
Robert L. Simmons
Sr. Assistant City Attorney
'~"*'^-YL"::-;"-~'
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~ .........'w.="... ......"......q..._..
OFFICE OF THE CITY CLERK
RAcHEL G. CLARK, C.M.C. . CITY CLERK
300 North "D" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.ci.san-bernardino.ca.us
July 7, 2005
J. Patrick Ragan, Esq.
1881 S. Business Center Drive, Suite 7B
San Bernardino, CA 92408
Dear Mr. Ragan:
At the Mayor and Common Council meeting held on July 5, 2005, the following action was
taken relative to the appeal hearing of the termination of the Tow Services Agreement between
the City of San Bernardino and Wilson Towing:
The hearing was closed and the Mayor and Common Council upheld the appeal of
the applicant, in part, based upon the back-up information submitted and any
additional evidence presented at the hearing, and directed the City Attorney's
Office to prepare findings and conclusions consistent with its decision; and that
Wilson Towing will remain on the tow rotation list until the ad hoc committee
completes its findings.
If we can be of further assistance, please do not hesitate to contact this office.
Sincerely,
~h.~
Rachel G. Clark, CMC
City Clerk
RGC:lls
cc: Robert L. Simmons, Sr. Assistant City Attorney
Wilson Towing, LLC, 2310 E. 3rd Street, San Bernardino, CA 92410-5200
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity. Honesty
T r::.'~ -
-
~'" _. T"-
-17--
-
--
-
-"-=...~ ...
Time
Date
11 :44:06AM
7/512005
City of San Bernardino
Account Details Report
Page
90e
Business Name
WILSON TOWING LLC
Business Address
).} ~ tA...) 0 t.-U /l -e r'
Account Number
Mailing Address
2310 E 3RD ST
SAN BERNARDINO, CA 92410-5200
2310 E 3RD ST
SAN BERNARDINO, CA 92410-5200
Business Phone
(909)888-5455
Status
210
Business Type
B999
Business Subtype
o
SIC FEIN expiration Date
453998 33-0787193 7/31/2005
BEAN SEIN License Issued Da
9/2912004
PARCEL CORPORATE ID Start Date
201284844 8/26/2004
EMPLOYEES CONTRACTOR EXP Cease Date
14
DOB DL#
10/19/72 CA A3628036
PHONE
Business (909)888-5455
Home (818)298-0703
Current Balance
$ 0.00
Location Code
o
License Frequency Contractor Number
A
Contact Code OC Contact Name
JOHN X VACH JR
Contact Address
1451 IRVING AVE
GLENDALE, CA 91201-1274
Payment History
PAYTYPE
Check
POSTDATE
08/31/2004
AMOUNT
$60.00
CHECK #
5802
NOTES
na
NOTES
cc
cc
cc
cc
Payment of $60 made 8/25 tr to this account from Acct# 907088.
Change of ownership of over 50% of the company. Class remains the
same as old account number 2171 O.
Business type's code has been changed from H150 to B999.
SIC's code has been changed from 48841 to 453998.
Business type's code has been changed from 0 to H150.
SIC's code has been changed from 0 to 48841.
Entered Entered Bv
8/31/04 1:15 pm BARBARA
8/30/04 3:51 pm ROGER
8/30/04 12:00 am ROGER
8/30/04 12:00 am ROGER
8/26/04 12:00 am REGINA
8/26/04 12:00 am REGINA
o
df2-5'
1-5-05
1"\..:....................Q..lt...
r.nrnnIlI!!ltAAr!dAt.RilMsol 05105/2003
Time
Date
, "
-""rlr~'~--
--~"
City of San Bernardino
Account Details Report
Page
11!413:47.4/1
7/512005
Account Number
o t..7) cJ uhtl~R.-
21710
Business Name
WILSON TOWING LLC
Business Address
2310 E 3RD ST
SAN BERNARDINO, CA 92410-5200
Mailing Address
2310 E 3RD ST
SAN BERNARDINO, CA 92410-5200
Business Phone
(909)888-5455
Status
12132
Current Balance
$ 0.00
Location Code
o
Business Type
B999
Business Subtype
o
SIC FEIN Expiration Date
453998 12/3112004
BEAN SEIN License Issued Da
023-691183 3/412004
PARCEL CORPORATE 10 Start Date
CA 0-0835700 1/1/1985
EMPLOYEES CONTRACTOR EXP Cease Date
12 8130/2004
DOB DL#
PHONE
Business (909)888-5455
License Frequency Contractor Number
A
Contact Code 01 Contact Name
rOOK tea<ER
Contact Address
27240 13TH ST
HIGHLAND, CA 92346-3173
PAYTYPE
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
POSTDATE
0211312004
0210312003
01/28/2002
01/31/2001
01/25/2000
01/26/1999
01/27/1998
01/28/1997
01/29/1996
02/01/1995
02/01/1994
02/0211993
01/31/1992
02118/1991
01/31/1990
01/31/1989
AMOUNT
$724.61
$681.00
$595.76
$591.53
$531.45
$517.40
$469.00
$513.53
$461.69
$414.53
$386.03
$384.62
$384.57
$427.06
$413.00
$416.00
Payment History
CHECK #
5268
NOTES
na
CODE
24
NOTES
Entered Entered Bv
8/24/04 11 :49 am ROSEMARY
CLOSED PER PHONE CALL, SOLD TO NEW OWNER JOHN &
L1LLlANA VACH ON 6/1/04 INSTRUCTED PRE OWNER TO
ADVISE NEW OWNER TO COME IN AND APPLY FOR ZONE
AND B/L
Quickserv8 Suile
#-2<:;;
7/5/0S:
-..-lat__.....ll......... nc....CI'Vlft'll
Time
Dale
T. '~'r ~,--~~. ~"'rb',""""~~"
14:42:31~
7/512005
.~ ..
~.....~~_~~..~..... c
City of San Bernardino
Account Details Report
Page 2
PAYTYPE
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
Check
POSTDATE
02/01/2005
02/13/2004
12/01/2003
07/29/2003
04/23/2003
02/04/2003
10/24/2002
07/23/2002
04/30/2002
02/01/2002
10/29/2001
06/28/2001
03/28/2001
02/02/2001
10/20/2000
07/17/2000
05/02/2000
02/02/2000
11/02/1999
07/30/1999
05/03/1999
02/01/1999
11/16/1998
07/01/1998
05/0511998
02/04/1998
02/03/1997
10/29/1996
07/19/1996
OS/28/1996
02/02/1996
11/02/1995
07/27/1995
04/28/1995
02/02/1995
11/03/1994
07/19/1994
04/21/1994
02/02/1994
10/28/1993
07/29/1993
04/26/1993
02/02/1993
10/29/1992
07/23/1992
04/1711992
02/05/1992
1011711991
07/12/1991
04/11/1991
02/04/1991
10/16/1990
07/18/1990
04/12/1990
02/01/1990
10/12/1989
07/10/1989
04/18/1989
02/02/1989
AMOUNT
$1,335.20
$335.21
$459.02
$306.01
$306.01
$306.00
$292.80
$292.80
$292.80
$292.80
$269.81
$269.81
$269.81
$269.81
$210.33
$210.33
$210.33
$210.33
$180.04
$180.04
$180.04
$180.04
$226.36
$150.91
$150.91
$150.91
$200.31
$223.45
$223.45
$335.18
$223.45
$217.42
$217.42
$217.42
$217.42
$217.63
$217.63
$217.63
$217.63
$222.80
$222.80
$222.80
$222.80
$135.10
$135.10
$135.10
$135.10
$135.74
$135.74
$135.74
$135.74
$145.96
$145.96
$145.96
$145.96
$134.90
$134.90
$134.90
$134.90
Payment History
CHECK #
11091
10357
NOTES
na
na
Oulckserve Suite
CClIl1li-sqI 0510512OO3
Time
Date
v
f ~ ~~"ir!W1"'C0"'~nt!l'~~~
101~4'2:31..tt:1
7/512005
_.~"~~.."'
City of San Bernardino
Account Details Report
Page 3
Check
Check
ICODE
Quic:kserve Suite
10/13/1988
07/19/1988
$130.42
$130.42
NOTES
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DEPARTIIENT OF CALiFORN~ HIGHWAY PATROL
San Bemardlno Area '
2211 W..t8rn Ave.
San Bemardlno, CA. 92411
(909) 383-42-47
(BOO) 735-2129 (TTfTDD)
(800) 735-2122 (Voice)
ARNOLD SCH'NARZENEGGER, Governor
~
June 24, 2005
File No.: 860.15541.HlDATAlSpECNINILETTERS
Wilson Towing
2310 E. 3rd Street
San Bernardino, Ca. 92410
Tow manager:
i . . .
Cons:ratulations, you have be~n approved to participate inthe 200512006 tow rotation
for the California Highway P8'~1 San. Bernardin9 Area."" ,Rateo.tJ~~ w.!H,,~ake place on
July 01, 2005. If you have any questions, please contact OffIcer Johrt'Nogues at (909)
383-4247. ' i ' , ~
Sincerely.
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