HomeMy WebLinkAbout26-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 Big Z Towing Company
Dept: CITY ATTORNEY
Date: June 16,2005
Synopsis of Previous Council Action:
None.
Recommended motion:
Floor Motion Number 1.
Contact person: James F. Penman
Phone:
5255
Supporting data attached: Staff Reoort
Ward:
All
FUNDING REQUIREMENTS: Amount:
Source:
Finance:
Council Notes:
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Agenda Item Nc
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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. Ary 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 received 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 Big Z Autoworks, Inc. and the City.
5. Letter of June 3, 2005 from the Police Department to Big Z Autoworks.
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 Department to Big Z Autoworks.
8. Account Details Report of the Business Registration Certificate of Big Z
Autoworks.
9. Declaration of Robert L. Simmons.
EXHIBIT 1
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2004 - 2005
TOW SERVICE
AGREEMENT
JUNE 2004
l7
T AnLE OF CONTENTS
ELEMENT PAGE
I. TO'V DISTRICTS ...................................................................................................................1
2. ROTATION LISTS .................................................................................................................2
3. TOW TRUCK CLASSIFICATIONS.....................................................................................4
4. TO'V TRUCK DRIVERS .......................................................................................................6
S. RA rES. .... ... ....... ...... ................... .......... ............. .......................... ............... ............... ........ ....... 7
6. CO LL U SI ON................ ......... .......... ....... .......... ..... ......................... ................................... ....... 9
7. RESPONSE TO CALLS .......................................................................................................10
8. STORAGE FACILITY ......................................................................................................... 11
9. IN SURAN CE.... ...... ......... ................. ...... ............. .............. ..... ............ ... .............. .................. .13
10. IN SPECTI ONS ......................................................................................................................14
II. BUSINESS RECORDS..........................................................................................................14
12. FIN ANCIA L INTEREST......................................................................................................15
13. ANNUAL 1\lEETINGS .......................................................................................................... I 5
14. DEI\'lEANOR AND CONDUCT...........................................................................................15
15. C01HPLIANCE \VITH LA W...............................................................................................16
16. COMPLIANCE WITH THE TSA .......................................................................................17
17. DISCIPLINARY ACTION ...................................................................................................17
18. TERMS OF DISCIPLINARY ACTION .............................................................................18
1 9. HEARING/APPEAL .............................................................................................................19
20. lVI1DTER1\l RE VIE'V .... .......... ............... ............... ................ ......................................... .....20
21. AD VERTISIN G .... .............. ............................. ....................... .................... ....................... ....23
22. CAN CELLA 1'1 ON .. .............. ......... ........ ................................................................ ............. ...23
ATTACHMENTS
A - D EFINITI ON S.. .............. ............... ...... ..................................... ................... ............... .......... 24
n - EQUIPMENT SPECIFICA TIONS ..................................................................................... 28
C - APPLICANT'S INSTRUCTIONS FOR COMPLETING THE CHP 234A AND
CHP 234 n ...... ........ ....... ................. .... ........................................ ........................................31
D - OPERA TOR APPROVAL .................................................................................................. 33
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STA TE OF CALI FOHl'iIA
DEPAIUMENT OF CALIFORNIA HIGHWA Y PATROL
TOW SERVICE AGREEMENT
CHP 234 (6-2004) opr 061
TillS Tow Servicc Agreement (1'SA) 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 lhe CHP Rotation Tow Program is voluntary. Compliance with all of the terms
and conditions of the 'I SA is mandatory for tow companies participating in the Rotation TnII'
Program. An operator, by agreeing to participate in the program, does not establish a conlractual
relatIOnship with the CHP and is not acting as an agent for the CHP or the State of California
when performll1g serv ices under the TSA. For clarification purposes, definitions are contained in
Attachment A. Attachment 8 contains a lisling of tow truck equipment specifications and
equipment use requirements applicable to all CHP rotation tow operators. Attachment C
cuntains instructions for completing required application forms. Attachment D contains the
operator approval form.
1. TOW DISTHICTS
A. Thc CHP 1,Iea commander shail establish tow districts for each class of tow truck
to 1JC ilitate the distribution of calls and meet the needs of the CHP with regards 10
responsc time and availability of tow services. Within each tow district, the Arca
cOlllmander shall determine the maximum response time, enrollment period,
reJsonable rates. minimum number of trucks, and any applicable waiver of
requiremcnts or addendum.
8. Waiver of requirements shall be in effect no longer than six months following the
appJ ication by, and acceptance of, an operator who meets all requirements of the
TSA. Upon expiration of the six-month period, Agreements with operators who
{;:liI 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. nOTA nON LISTS
:\, 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
[h(; TSA shall prohibit an Area commander or supervisor from requesting a
spe..:ific 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.
1n such an instance, the tow company selected would be the next tow company
onlhe 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 rolates
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,
B. Nothing shall prohibit a Class S, C, or D operator from maintaining a place on a
lighter class rotation tow list, provided the tow truck meets the equipment
spcci fications for that L:lass of operation, Regardless of the class of tOY\' truck
utilized or responding to the call, charges shall not be more than for the class of
vehicle w\ved or serviced, except when vehicle recovery operations reqUire a
large; class of tow truck.
C. A cail 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
,crvice, refuses to respond or provide service, or is canceled due to excessive
I'cspollse 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
docs not result in a tow, there shall be no charges and the operator will be
placed back at the top of the list.
1) J f 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
tcm ing, 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) I f 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
vchicle has begun, not the response. No lien shall arise for the service
unless th~ 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 3068.1 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 All operator shall have a business office and storage facility located within the
diSIrict he/she serves, unless this requirement is waived by an Area commander.
1) The Area commander may establish a maximum radius for the location
or a business office from v.hich an operator may provide service for a
low 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
J) 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 234/\), 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 2l4A 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 CLASSIFICA nONS
A. An orcrator shall equip and maintain tow trucks covered under the TSA in
accordance with the provisions set forth in the California Vehicle Code (Ve),
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 tal\' trucks shall have recovery capabilities, wheel lift capabilities, and
a boom meeting the specifications contained in this TSA. Class D tOI\'
trucks used exclusively for salvage and recovery operations are not
reLJuircd to possess underlift capabilities.
21 An operator who has a car carrier is exempted from the recovery, wheel
lift, and boom capability requirements. However, the car carrier must be
all additional unit.
B. A \ iolation of the Gross Vehicle Weight Rating (GYWR) and safe loading
requircments of a tow truck may be cause for immediate suspension. This
includes exceeding the tOI\' 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 I\'ill be four classes of tow trucks covered under this TSA. The Area
cOIl1J1lilnder may require more than one tow truck in each class in tow districts
where rapid response for congestion relief is required.
J) Class A - Light Duty
J) An operator shall maintain a minimum of one tow truck which has
a manufacturer's GYWR 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 CI-IP, 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 CH?, 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
C1as~ B rot1tion 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
2,~ hours a day, 7 days a week will not be allowed to operilte on a
Class A rotation tow list
3) Class C - Heav)' Duty
a) An operator shall maintain at least one three-axle tow truck \vith a
GV\VR of alleast 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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:1) Class D - Su per Heavy Duty
iJ) .\n operator shall maintain at least one three-axle tow truck with a
(;"WR of at least 50.000 pounds. The trUl:k shall be equipped
with air brakes and must be capable of providing and maintaining
continuous air to the towed vehicle.
b) This class of lOW 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 lowing procedure may require the use of auxiliary
equipment specifically designed for the purpose. This auxiliary equipment should
be lIsed when appropriate.
4. TOW TRUCK DRIVERS
A. The operator shall ensure lhat tow truck drivers responding to calls initiated by
the CliP are qualified and competent employees of the operator's company. The
operator shall ensure thatlhe tow truck drivers are trained and proficient in the
use or the tow truck and related equipment, including, but not limited to, the
rrocedures necessary for the safe towing and recovery of the various types of
vehicles seviced through CHP rotation. Tow truck drivers shall be at least 18
)c',US 01 age and shall possess the proper class license and certificates for the
~o\\cd and towing vehicle. Class A licenses must be endorsed to allow operation
or speci:li vchicle configurations and/or special cargoes,
B The operiltor shallmainlain a current list of drivers.
I) The operator shall provide a current list of drivers to the Area upon
implementation oflhis TSA. The operator shall notify the Area upon any
change in driver Slatus, 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 drivers are required to complete and sign the Tow Operator/Driver
Information Sheet (CHP 234F).
C. All 1011' truck drivers and owner/operators shall be enrolled in the Pull Notice
Program.
I) Upon the addition of ne".: 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 tile, signed, and dated by the operator.
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:.<) .1\ rea commanders Illay require an operator to provide copies of Pull
Notice Reports to the Area.
~l, RATES
A. Fees chJrged 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:
I) The operator shall submit a retail hourly rate to the Area commander. The
;\rca 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.
iJ) 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 market the operator may
101\er 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 CHI> 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
lllillimLlllls shall also be at the hourly rate in no more than one-minute increments.
There shall be no additional charges for mileage, labor, etc,
J) 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
1\ hich result in storage of a \ehicle at the direction of an officer.
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3) The operator shall base towing charges upon the c lass of veh icle heing
tuwed, regardless of the class of truck used, except ~ hen vehicle recovery
operations require a larger class truck.
C. gates fOl a service call (out of gas, lockouts, tire changes, etc.) shall be from
pOl1al1o end of service, and may he at the hourly rate \...-ith a thirty-minute
I11llllmUIl] Charges in excess of thirty minutes may be charged in no more than
one-mll1ute increments.
D. Fees for Special Operations
J) For special operations involving Class 8, C, and D tow trucks, the
operator shall submit the proposed fees for vehicle recovery operations
i1lld load salvage operations tu 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
olle-minute increments.
a) Hourly rates shall be established for the following:
(J) Auxiliary and contracted equipment, e.g., airbags,
converter gear/dolly, additional trailers, fork liii, frollt
loaders, etc.
(~) Contract labor.
11) 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 retail equipment and specialized labor not otherwise listed on
the application.
3) J 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, [he operator may only charge for the actual rate paid for the
1,lbor.
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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r. Storage Fees
]) Tile operator shall submit proposed storage fees for inside and outside
storage to the Area commander. Based upon the average of the proposed
fees submined by Iho~e applying for rotation, the Area commander shall
determine the validity and n.:asonableness 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 O\vner, 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) 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
C'\ccpl for dollies, con-gear, etc. Dollies and con-gear may be charged a
storage rate not to c\ceed Class A storage fees
(j Elcment 5, Rates. of the TSA shall not apply if the operator responds to a ClIP
cdl !11 iI IIJl~ati0n where towing rates for all tow companies are established by a
clly or county ordinance.
H. The appruved schedule of rates charged by the operator shall be available in the
tow truck, and shall be presented upon demand to the persons for whom the tow
services \vere provided. their agent, or any CHP officer at the scene.
I. Rate requirements represent the maximum an operator may charge on a CHP call.
/\11 operator is not precluded fr0111 charging less when deemed appropriate by the
operator. These requirements shall not be construed as requiring a charge if an
operator \\ouIJ not normally charge for such service.
J. 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
allY 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 CII P, the motoring public, or other operators.
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13, A linding by the CHP that any operator or applicant has been involved in
collusic'n shall be cause for denial of an application or shall nullify thc TSA, Any
OpLT<ltOI' or appl icant fOllnd to be involved in any act, or attempted act of
CC>lIUSi('Il, shall be disqualified from panicipation on all CHP rotation tow lists for
the CLlITellt term. plus three years,
7. RESPO;\SE TO CALLS
,\, The operator shall respond to calls 24 hours a day, seven days a week. within the
maxilllum response time limits as established by the Area commander and as
spec ified in Element I, Tow Districts. of this TSA. The operator shall respond
with a tow truck of the class required to tow the vehicle spe..:ified by the CHP,
The operator shall advise CHP dispatch, at the time of notification. if they are
eilher unable 10 respond or unable to meet the maximum response time, Ie after
i1Lceptlng the call, the operator is unable to respond or will be delayed in
reSpUl1dlllg, lile operator shall immediately notify the appropriate CHP
COllll1lulllcati()ns Center, The operator shall not assign any calls to other tow
operators
]) ^ failLlre to respond to perform the required lOwing or service and/or
repeated failures to meet the maximum response time requircl'lents shall
constitute failure to comply I",ith the terms and conditions of this T5A,
2) Tile Area commander may take immediate disciplinary action for any
\ lolat ion of the requirement to respond within the maximum ,esponsc
11111e,
J) When an operator will be temporarily unavailable to provide services JlJe
to a I're-pl,ll1ned or scheduled activity, the operator shall notify the Area
command at least 24 hours prior to the date that services will be
ul13vailable, noting the times and dates of the unavailability,
n, The tow opcrator, or operator's employees responding to a call, shall perform the
towing or sUlice required for which the)' were called unless the requested
equipment is inadequate for the service to be performed.
COlli) tile 10\\ tl'uck personnel and equipment requested shall respond to a CHP
ceil I /\n operator shall not respond to a CHP call assigned to another operator
L1nless rC'iuested to do so by the CHP,
J) This shall not preclude the operator from responding to an incident to
asccJ1ain if additional assistance or equipment is required, There shall be
no additional charge for any personnel or equipment that is not necessary
to perform the required service,
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2)
There may be times when the operator assigned the initial caJlmay 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,
))
There may be times when an operator, who was not called to a scene,
cumes 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 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,
R. STORAGE FACILITY
k The l1pcrator shall be responsible for the security of vehicles and property at the
plilcc ofslorage, NO WAIVER, HOLD HARMLESS AGREEMENT, OR
OTHER SHvllLAR RELEASE AND/OR INDEtvfNIFICATION AGREEME)\;T
SI L\LL BE REQUIRED BY THE OPERATOR AS A CONDITION TO THE
IU:LL\SE OF A VEHICLE TO\VED TO AND STORED AT THE PLACE OF
STOR/\(iE At a minimum. a fenced or enclosed area shall be provided. The
L1pCri~tor is responsible for the reasonable care, custody, and control of any
pr<lpcrl)' contained in towed or stored vehicles.
I3, The operator shall obtain approval from the CHP prior to the removal of any
property "rom a stored or impounded vehicle and shall provide a receipt, with a
copy placed in the stored vehicle. The requirement to obtain 1lpproval from the
CIII' 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.
]) This requirement may not be waived in cases where a vehicle has been
Impollnded for evidence or investigation.
2) - Upon approval from the CHP, the operator shall release personal properly
from an impounded vehicle at the request of the vehicle owner or agenL
a) There shall be no charge for the release of personal propel1y 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
al'e l11andalory 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
ordcr.
C The primary storage facility shall normally be at the same location as the business
address Ifnot at the same location, there shall be no charge for any additional
d I.,lancc traveled to and from a secondary location. The vehicle and/or personal
property shalJ bc released at the primary storage facility or place of business upon
request or the olVner or a person having a kgal entitlement to the vehicle and/or
property
J) Prior t,) the utilization ofne\\" storage facilities th:lt were not listed on the
:l1'plication for rotJtion tow listing, the opemlOr shall furnish the address
;)I](j obtain the Area commander's approval.
2) Secondary storage facil ities shall be located reasonably close to the main
bllsiness office.
D. To\\' operators shall maintain sufficicnt storage spaces.
E. ;\11 opcr:ltor's place of business shall have a sign that clearly identifies it to the
public as a towing servicc. The sign shall have letters that are clearly visible to
the public fro III 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 pm"Monday through Friday, except for the following state recognized
holidays Nnv Year's Day, Martin Luther King Day, Lincoln's Birthday,
Presidents' Day, Memorial Day, lndependcnce Day, Labor Day, Columbus Day,
V cteralls' Day, Cesar Chavez Day, Thanksgiving Day, day after Thanksgiving
D~IY, and Christmas Day.
G. Business hours shall be posted in plain view to the public. Offices staffed with
only olle 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 \\here a request
will result in an immediate response to release property or vehicles. Response to
thc office shall be within the time frame required for a normal CHP Class A tow.
] 2 of 33
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H. Employecs shall be properly trained to conduct business transactions related to
to'o\ ing, storage, and release of vehicles/property,
J. The release of vehicles shall be conducted in accordance with Area procedures,
Tile Area commander shall ensure that proper provisions are in place for the
relcase uf all impounded vehicles. Tow companies shall respond for after-hours
release ofveh leles when requested by the current registered owner or 0\\ ner's
ilLlthuril'cd agcnt
9. INSURANCE
/\, The operator shall maintain the following minimum levels of insurance from an
illsurance carner admitted in California, or admitted in the state in which the
OI'(I'ator's busincss is located, and is authorized to do business in California:
I) ~ I i:lil11L1I11 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
!ur Class A tow trucks. The combined limits for Classes B. C, and D shall
11,)t be Ics1; than $ J .000,000 These minimum standards are to include
; :,In,O\\ned and hired auto coverage.
2) lJninsLlred Motorist- Legal minimum, combined single limit
3) On.llook Coverage - Insuring the vehicle in tow with limits based on the
size of the tow truck.
;1) Class A tow trllck..............................$25,000
I)) Class B tow truck.... ................... .....$50,000
c) Class C tow trllck. ...................$100,000
d) ClJSS D tow trllck.. ................$100.000
4) Ciarage Liability - Includes premises and operations, Coverage for bodi Iy
il.Jury fllld property damage with a combined single limit of not less than
$500,000.
S) Garage Keepers Liability - Shall be the same minimum as on-hook
coverage for vehicles in the care, custody, and control of the operator in
tile slOl'age yard.
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B. Proof Ol'"lsur::nce shall be in the form ofa certificate of insurance. Policy
e\pirallC'll or cancellation will immediately nullify the TSA. The operator's
Illsurance policy shall provide for not less than 30 days written notice to the CHI'
in the c\ ent lh;: insurance policy is canccled or is due to expire.
10. INSPECTIO:\!S
The ClIP shall provide for not less than one annual inspection of all tow trucks at no
charge to the operator. The CHI' 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 CHI'. The CHP shall inspect a tow truck within
thirty days of a request from an operator. Any operator who fails an inspection is entitlcd
to only one reinspectlon. Failure to pass the reinspection shall be cause for the
disqualification of the tow truck from use on CHP rotation. The tow truck shall be
dlsqualiJicd unlilthe next enrollment period.
11. BUSINESS RECORDS
/I.. The operator shall maintain records of all tow services furnished. The records
will be 11l~lintained at the operator's place of business. Invoices shall at a
minimum include a description of each vehicle, nature of service. stiJrt time, end
lime, location of call, itemized costs of towing and storage, the tow tlUek driver's
name, and truck used.
B. lhe operator shall also maintain business records relating to personnel, insurance,
personnel taxes, payroll, applicable operating authorities, local operating
authorities, !icn ~,lIe actions, Federal Communication Commission licensing, and
non-CI 11' tO\\S
C. The CllP 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
CHI' sh;"1 provide a receipt for any (original) records removed from the place of
business
L Records shall be maintained and available for inspection for a period of two years
plus the current term of this TSA.
F. Llilure of the operator to comply with the inspection requirements shall be cause
for suspension.
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12. FINANCIAL L,\;TERE~T
i\. No operator 01 applicant shall be directly involved in the towing-related business
of any oth~r op~ralor or applicant \\ Ithin the same tow district
8, Storage facilities owned by an operator, and shared with another operator, shall
01111' be approved iCthe owner/operator charges for the space exclusively on a flat
Illonthly rate rather than a vchicle-by-vehicle basis, or combination thereof
['acilities shaled by operators shall be physically separated and secured from each
other. Area cOllllllandc:rs may delete this requirement if deemed appropriate,
C The sale Ot transkl of the controlling interest in a company shall immediately
terminate the TS/L 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 terlllin,lted or suspended operator, and/or the tow business owner at the time of
th~ susrension or termination. shall not be eligible for a rotation listing for the
duration of the suspension or termination, This provision applies to the operator
Ilarking in all)' capacity within any tow business or operating any tow business,
and to the tall business, even if operated under new ownership,
13. -\NNUAL 1\1EETINGS
The Area commander shJII conduct, at a minimum, one annual meeting to discu5s issues
concerning the ((111' rotatlnn, All meetings shall be mandatory for the operator or
operator's designee wi~hing to remain on rOlJtion, The CFlP shall give the operator 30
days written notice oCthese meetings,
14. DEMEANOR AND COI\'Dl!CT
A While involved 111 CHP rotation low operations or related business, the tow
operator ,llld/or employees shall refrain from any acts of misconduct including,
but nolli'llltcd to, any of the following:
1) Rude or discourteous behavior,
2) Lack ofscrvice, 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) UllS~lrc dl'iving practices,
5) Exhibiting any objective symptoms of alcohol and/or drug use,
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()) Appearing at the scene ora (HP rotation tow call with the odor of an
:t1cohu!ic beverage emitting from the driver's or employee's breath, The
O!)Cr:llur/tow truck driver shall submit to a preliminary alcohol screening
teslupon demand of the (HP,
B, All (HP.rclated tow service complaints received by the CHI' against a tow
operator or tow operator's employees will be accepted and investigated in a fair
alld impartiall1lanner. In any event, the operator will be notified orthe results of
any investigation,
C. Should the jiJ ing of criminal charges be a possibility, the (riP will conduct the
investigation to conclusion or assist the lead investigating agency and, if
warranled, request prosecution,
15. COI\-IPLIA]\;CF WITH LA \V
A, The tow OpcralOl' and employees shall, at all times, comply with federal, state, and
local laws dnd ordinances,
I) In the evcnt ofa minc)r traffic violation by a rotation tow truck driver
which is known by the CHP, the tow operator shall be advised of the
\lol:llic1n by the DIP, The tow operator will he granted the opportunity to
lilkc necessary steps to ensure thaI the driver complies with the law, Any
subsequcnt traffic vioiJtions may be cause for disciplinary action against
the OpelillCJr and/or tile involved employees,
2) /\ny Ilclgl'ant traffic violation may be cause for immediate disciplinary
action :Igainst the operator and/or the involved employees,
B, The provisions contained ill Element ]5, Compliance with Law, do not preclude
the CliP from taking appropriate enforcement or administrative action for any
violations of 1:1\\', Complaints for violations of the law not normally investigated
by CHP will be rckrred to the agency with investigation jurisdiction,
C. Any conI iClion of the operator or employee involving a stolen or embezzled
vehicle, fl:lLId related to the towing business, stolen or embezzled property, a
crime of Ilolcllce, a drug-related offense, felony cjriving while under the influence
of alcohol clllcl/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 tOil trLlck 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 Climes may be suspended until the case is adjudicated,
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16. COMPLIANCE WITH THE TSA
A, The OperJIOI' a!;;rees, as a condition of inclusion on the rotation tow list. to comply
with the Icrl11S and conditions of the TSA. Furthermore, the operator agrees that
failure hy Ihe operiltor or the operator's agent to comply with these terms and
conditi(lns shall be cause for written reprimand, suspension, or termination from
the CHP Illl;ilion [ow lists
8, Alleged vlol<ltlons of the TSA will be investigated by the CHP Area covered by
the TSA lile operittor will be notified of the CHP Area's findings within 30
calenc.lc1r lLtyS orthe conclusion of the investigation,
17. DISCIPLINAHY ACTION
A, The Aren COJl1111 clI1der shall take disciplinary action against operators for
violations invcstlgated and confirmed or sustained, Unless otherwise noted, the
Area cOJl1l11ander shall determine the period of suspension, The Area commander
shal! retili n d Iscret ion regarding the length of any suspension imposed pursuant to
the terms illld conditions of this TSA.
B Records ll/\IOliltluns shall be rctained hy the C! IP for at least 36 months,
C. Discipllllill\ ilction taken against an operator by an Area commander should be
honored b) ,111 CHP Areas being serviccd by the operator in question,
[)~ ;\ ViO!iltioll of the equipment 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 CI-IP has conducted an inspection and concluded
the opel,IIOI is in compliance,
E. A viol:llicJIIl)fthc GVWR and safe loading requirements ofa tow truck may be
cause 1\)1 IilllllcdlClIe suspension, This includes exceeding the tow truck's GVWR.
rront axle \\ci~hl ralll1g, rear axle \\eight rating, maximum tire weight ratings, or
not mailllilllling 50 percent of the tow truck's unladen front axle weight on the
jiont axle II hell In tow,
F, A violill ion of intcntionally overcharging or a pattern of overcharging shall be
c,,,,c;e for sllspension, The suspension wjJl remain in effect until the period of
suspension is cOlllpleted and the operator has presented proof to the CHP that
reimbursement has been made to the aggrieved customer.
G~ CHP pelsonnel shall not be offered gratuities and requests for gratuities shall not
be hO:lOIL'C: b) low company operators, employees, or associates of the company.
l\ viO/,IlII!i) oflhis section shaH be cause for suspension or termination,
J 7 of33
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H. Any lIns:lll~E1Ctor)' rating based upon any safety violation of the Biennial
JnspectlO!l of Terminals (BIT) Program shall be cause for suspension. The
slISpenSI(li. \\111 r('lnail1 In effect until the period of suspension is completed and
the opcr:\lorli:1S pI'csented proof of compliance with the BIT requirements. Any
unsatr,!i\(IO['\ rilling may be cause for suspension. Failure of the operator to
satis1y a eUlIrt order mandating reimbursement to the vehicle or property owner
jar the d,Jll1:lge or loss which occurred while the vchicle was in the opcrator's
custody will result in a suspension. The suspension "ill remain in effect until the
period of suspension is completed and the operator has presented proof of the
reimbursement
I. Failure of tile operator to comply with the inspection requirements of this TSA
"ill result In a slIspension The suspension will remain in effect until the period
of suspelhlOll is completed and the operator has complied with the inspection
requircllH:llt
J. Failure () i the opC'rators to send tow truck drivers on CHP calls who are qualified
and competent employees shall be cause for suspension. The suspension wi II
rel1l3in 111 cfleet until the period of suspension is completed Jnd the operator has
presentcd proolto lhe CliP that the driver is"qualdied and competent.
K. Faililre olthe operator to maintain the minimum insurance requirements set 10rth
in the TS.\ will illlmcdlale1y nullify the TSA. The operator will be subject to an
addition:l: <,L'SllCnsion far failure to notify the CIJP in advance of the insurance
pollcye'i ;':111"1101" cancellatIon.
L. Failure OllllC lJpcrator or employee to comply with Element 14, Demeanor and
Conduct. ,llld/or Element I S. Compliance with Law, may be cause for suspension
if deemed .Ipp:'oprlate by thL: Area commander.
M. If the OpcI:ltor I, serving 3 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 reinst;ltcmcnt. There will be no approval of equipment that is not in
compl iance with the e<,,)uipment specifications contained in the TSA at the time of
reinst;lte1l1Cn! Elements of this TSA which are commonly referred to as
"grandl:deJ' cl.lLIses" shall no longer apply 10 the operator who~s_suspended for
one ye;lJ' ')lmUJ'l'.
18. TERMS OF DiSCIPLINARY ACTION
A. Except as specllicnlly stated in the TSA, minor violations of the terms and
conditions orthe TS/\ may be cause f()I' disciplinary action in the following
manner.
18 of 33
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1-11'[ vioiJtlon within a ] 2 month period - lettcr of written reprimand,
-,
ScC()nLi violation \\ithin a 12 month period - I to 30-day suspension,
j
Third violation within a] 2 month period - 60 to 90-day suspension
4.
fourth \ iolation within a ]2 month period - termination of the TSA.
l'!,lle: In I ieu of termination. the CHP may impose additional suspensions
:L1I ion~er periods, if dcemed appropriate.
13. V iO!:ltions of thc terms and conditions of the TSA that are subject to suspension
for the first violation are categorized as major violations. Any subsequent or
continuing milior violation Illay be cause for tennination
I.
Whcn considering punitive action for a major violation of the TSA, an
;\ lea commander mil) take into consideration all major and minor
VllJl:\tioIlS tllat occurrcd within 36 months prior to the date of the current
vlolatioll
.-,
T,-,lIlill,lllon shall be ill\oked if: in the CHP'sjudgment, continued
1\IIiICip:Jlioll in the Rotation Tow Program by the affected tow operator
111:1) result In a luzard to public safety and/or welfare. or the operator has
kell c<lnvicll'd ala crime listed in Element lSC.
3.
In licu oftemlinati0n. the CHP may impose additional suspensions for
IOllger periods, if deemed appropriate.
C. NOlhln~ 11\:: eill shall be deemed to prohibit the CHP from immediately
sLlspend Ill", ,1I1Y up(;rGtor or employee whose conduct, in the opinion of the Area
C0l11111anlkl. is deel11ed to be a danger to the motoring public or who has engaged
in condu~l ~oll,titllting a flagrant violation of the TSA.
19. HEARING/APi't::AL
A. In the event the CHP serves the operator with disciplinary action. the operator
may request a hC<lring within seven calendar days by submitting a request in
\\ riling to the Area commander. If a hearing is requested, it shall be held as soon
a<; prackablc. The hC<lring shall be conducted by the Area cOlllll1ander or
deslgllcC. :Ind the opcrator shall be entitled to present all relevant facts and
19 of 33
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circlllllstances In support of the operator's position. The operator shall be further
entitled 10 !)rcscllttcstimony of at least one qualified person. The operator shall
be notil':'.:d in \\ rlt:llg of the Area commander's decision(s) within ten business
days of lk c1ilte of completion of the hearing.
B. Fa! lc1\\i 11 h :1 heari ng, i r the operator is dissatisfied with the Area commander's
dccisioJl(s), the operator may appeal by submitting a request in ",riting to the CHP
Division COllll11Jnder within seven calendar days. Ifan appeal is requested, it
shall be held as soon as practicable. The appeal shall be conducted by the
DivisioJl cOllllllandcr 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
del' ision(s) of the Division commander within ten business days of the date of the
appeal Tile Division commander's decision(s) shall be subject to no further
adlllinistl.llive ,1111)e:ll.
C. A suspe:::;,lll1 sh:lIlnot take effect until the hearing and appeal process has been
exh,lLIstd. \\Itll the exception of operators whose conduct is deemed to be a
danger to the nlLJtOling public or who continue to violate the terms and conditions
of this TS'\. I I' an operillor fails to reques! a hearing or appeal within the
specifiecllllllc or fails to appear at a scheduled hearing or appeal, the action taken
by the elll) l\re" cOl11mander shall be tinal and the suspension shall take effect
upon \\llliellllutilic;ltion to the operator by the Area commander.
20. I\IIDTEfBIIU.\'iEW
A The pLlli"),e olllllS sect iOIl is to provide a process for a midterm review of the
tCllllS :\Ild cunditlolls of the TSA in the event that there is a legitimate and
SUbS[;\I11::I! Ch:lllgC III conditions or law affecting the majority of the operators
'Nithill all Me;: or lhe CHI'. Examples of conditions may include, but are not
limited tu
I) S:lilslantial increase or decrease in business expenses.
2) !\dVilnCes ill technology in the industry related to safety issues.
3) Ch:lnges III law requiring the CHP or the operators to perform specific
IlliiCIIOI1S 01' operations in order to comply,
4) thdnges ill the terms and conditions of the TSA brought about as a result
,,:' i"~cUllllllcndatiolls from the Tow Service Agreement Advisory
CUiilllliltee <ind approved by the Commissioner or the Commissioner's
lk.'~)lgll('e .
20 of 33
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5)
Proposed changes to the terms and conditions agreed upon by the Area
cummandcr and the operators within an Area at the time that the TSA was
signed (eg~, resflonsc times).
B. A l1lidterm review ufthe terms and conditions of the 1'SA in a flarticular Area
may only be granted by the Commissioner
J) A :';lJucst ror a midterm review of the terms and conditions of the 1'SA
sh:1I1 be cOllll1lunicated to the Area commander, in writing, from a
rC'[XCSelltClti ve of the towing industry, not merely at the request of a single
c'pccator. The Area commander may also request a midterm review if it is
III the best interest of the motoring public, the tow industry, and/or the
IkparllTlenl. The Area commander will route all legitimate requests for
m :dlerm reView, with all pertinent information, through channels to the
Ollice oflhe C'l1lmissioner.
2) Cunditions indicating a need for l1lidterm review must be substantial and
III list affect the entire towing industry or the CHP.
!'!l'iC: Fo: purposes of this 1'5A, the midterm review process is not
111ll'ndecl to provide relief for a small number of operators who wish to
111,lcase lh\:ir rates, or change any other term or condition of:he 1'5A, to
l"ilipcns:llc lor jinancial problems brought about as a result ofbusines'i
deCisions or conditions \\hich affect a sm31! percentage of the industry.
3) 1\ Illidtelll: rcview will not be conducted irthere are 60 days or less
rClllaining In thc term of the TSA.
C A midterlli review, when granted by the Commissioner or designee, will not
automatlc;:!ly authol'ize a chang,. ill the terms and conditions of the TSA. If a
midtcrm i evicl\' is ,lIllloLlnccd by the Commissioner or designee, it is the
rcspollsdli1 ity or tile affected Area commander to conduct a review of the
conditiull:; \\hicll initially caused the request to be communicated and to
dctermlllc. ,fthe change isjusti(iecl.
]) II. ,iller cv:lIuating all pertinent information, an Area commander
~llIlilorizcs or directs :\ change in the terms and conditions of the T5A, or if
a cllange is Ilotjustified, the Area commander shall notify the towing
illdustry rcpresentative within ]4 calendar days of the date of the
COllllnissloller's anllouncement authorizing the midterm review.
::' Operators shall resubmit their proposed changes in writing to the
i\rC8 commander within seven calendar days of the date that the
i\rCd commander announces the decision(s). Failure to resubmit a
21of33
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\\rlltcn proposal within the specified time frame may result in the
Ol,erator forfeiting the ability to propose more equitable conditions
01 rilles. or may be cause for disciplinary action or termination of
the TSA.
L J II.lhc 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.
e) The AreJ commander shall determine the reasonableness of the
r;lle, based upon tht: average of the proposed rates submitted.
Once approved, an additional page with the new rales shall be
signed and attached to the original TSA.
2) ill [Ill' l'ventthat the [owing industry representatives are dissatisfied with
[ill '\rea col11lllander's decision(s) regarding the midterm revie\\', the
Ill]] Ing industry, through its representatives, may request a hearing by
slI[Jlllitting a request in writing to lhe Area commander within seven
c.iicndar dilYs. Jfa hearing is requested, it shall be conducted by the Area
cOl11mander or designee, as SOl'n as practicable. The number of
rCi,rcscnl;ltivcs iltthe hearing shall be limited to a maximum of two. The
rcprescnt;lllves shall be entitled to present all relevant factors and
C'ICUIllSt,IIKl'S ill support of the industry's position. A designated
liill'senl;lllvC shall b..: notified in writing of the decision(s) of the Area
l\',l1lllanJcr within seven calendar days of the date of the hearing.
3) 1:1 'lie cvcnllhat the towing industry representatives are dissatisfied with
1:1~ l\re,1 cOl11lllander's decision(s), the towing industry, through its
replcscllUllVCS, may request an appeal by submitting a request in writing
1;) tilc CIII' Division commander within seven calendar days. Ifan appeal
j, lequesled, it shall be conducted by the Division commander or designee
,IS soon as p'.JeticJble. The number of representatives at the appeal shall
llc lil11ited to a maximum of two. The representatives shall have the same
rl:,;hts as those provided at the Area level. A designated representative
>.'dl be 11()(i1ied in writing of the decision(s) of the Division commandcL
\\ ,'lllil sevcll ealendar days of the date of the hearing.
4) !:: [lie cI'c:ltlhat the Area commander's decision(s) is to direct the
opelators to resubmit rates which are more reasonable than the current
lil[eS, the ncIV rate application process shall not be initiated until the
hC<lling and appeal process is e\.hausted. [fthe towing industry
ICiJrCSell[i1tives f'zlil to request a hearing or appeal within the specified
220[33
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l.:11C li-allle, or fail to appear at a scheduled hearing or appeal, the
lkcic,ion(s) of the Area commander shall be final and the new rate
~iilpl icatlon process shall begin_
5) III the event that the Area commander's decision(s) is to direct the
opel atars t() eOlllply with a change to any other term or condition of the
T)/I, e.g , change in response times, the new terms and conditions shall
111)[ be illill~Jed until the hearing and appeal process is exhausted. If the
[(jIving industry, or its representatives, fad to request a hearing or appeal
',III'ln tlie specilied time frame, or fail to appear at a scheduled hearing or
~li'IX:;ll, tlie decislon(s) of the Area commander shall be final.
21. ADVERTlSINC
The operator sh:i!lllOl display any sign or engage in any advertisement indicating an
orlicial or unollic ial COllllection II ith the CI-lP or the Department of Motor Vehicles.
22, CA\,CELLATJOj\'
This TSi\ Illay 11<- CililCli'_'d bv either party by giving written notice to the other party.
230f33
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A TTAClUlENT A
DEFI:\ITIONS
ADDENDUM
A Division-approved JlKillllcnl \Ihich is drafted by an Area commander and signed by the
operator. The adJenduill Si:TI'CS as an addition to the Tow Service Agreement (TSA) for Areas
which have unique oper:llional conditions requiring a departure from, or additional clarification
of the terms and condill(lnS of~ the TS1\.
APPEAL
The final level of rcvie\\ rur II.T'ltcn reprimands. suspensions. terminations. or review of an Area
commander's dceision(:';) rcgarding the midterm review process. An inlonllal review conducted
by the Division comnl<llllkr or deSignee, where an operator lllay present evidence or witnesses to
show that an action takcll by an /\rea commander ,vas improper or where the operator may
m:ligate the action t:d,Cll
AREA COM!\lAND
Headquarters for;). ge()~'I,lphiC:lI3rea \\itllin a CHP Division.
AREA COI\l1\IA!\J)E.i.
The captain or !leLlten:I'll ill ch:w:e ora CHP Area.
BASE SERVICES
Any service or tow wh I,_'ll is pel formed when the vehicle operator or agent is present and the
vehicle is not stored allll'c directil)J1 of an ofJicer.
COMl\lISSIONEH
The COI1lJ11 issioner 0 r tl i'C Cal i /'0111 ia II igh way Patrol.
DIVISION
Headquarters for a ell I) ~eogr:l[]hicalll'catiCln within the state.
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DIVISlO~ CO\I!\IV~JER
The Chief in charge of Cl CHI' Division
ENHOLL!\lENT PERIOD
The period of time 1\I1CIl J tOIV cOlllran) Illay submit an arrlication for inclusion on an Area's
rotation tOIV list. The e::: 1'11Jl1cllt pniocllllay he continuous throughout the year hut must be at
least once annually Tile enrollment period II ill be open at least 30 days a year and is determined
by the CHI' Area cOllllll.ll1der
INCIDENT COIVIl\IANDER
The lIniformed CHI' member present at all incidcnt who has scene management responsibilities.
LOAD SALVAGE OPERATIONS
I'\ny operation involvillg the recI)very ora load which has been spilled, or the off-loading and
reloading of a load frol1l :111 ovcrtllrned lehicle performed in order to upright the vehicle. This
w:!luslIally be 1II111ted ~11 ,lrel:lllcIl5 illlolving Class B, C, and D tow trucks.
!\lORAL TUHPITUL..:
l'vloral turpitude is all del ur bella\ lor that gravely violates moral sentiment or the accepted moral
standards ofa COlllllllll1il\ ]t is ,1Iso tile liolation of private and social duties which man owes to
his fellow man, or to society in gelleral. It is an act that is contrary to the accepted and
Cllstomary rule of rigl1t Cl:ld dllty hetweel1 man and man, (ReteI' to Blacks Law Dictionary for
ca5e citation and COl11pkle dclillililln.) (All references to "man" as listed here are as a direct
result of legallangllagc ilnd arc not to be construcd as gender biased.)
NOTICE
All notices relating to 1111' TS.'\ '-hall be in writing and delivered to the other party in person, via
FAX, or by U S. l1lild
OPERA TOR
1\ tOI\' service which h~lS been is:;llcd a Letter of Authorization, has signed the TSA, and is
approved to receive CIIIJ-lcfclred calls The term "operator" refers to the company, its owners,
and its managers who hdVC autliOlity to enter into an Agreement with the CHP for towing
services alld to conduCl IJllsincss III accOl'Jance with the terms of this TSA and its employees.
250f33
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PARTY OF INTERESi-
Refers to the registcre(! olner oi' Ihe lehlcle or the owner's agent. An agent i, a rarty who may
lawfully act on bchilllor ,ile registered or legal owner of the vehicle,
PORTAL TO POHT,-\L
For the purpose of thiS '1";1\, "I'ollal loPortai" shall also mean "Portal to End of Service"
Service shall start at the time or departure trom the place of business or point of dispatch,
\\hiehever is closer to the loeatioll oflhe call, and shall end at the estimated time of return to the
place of business lll' the completion of the call, if another call is pending, whichever is shorter,
Return to place of busJIless includes a reasonable and verifiable amount of time required to place
the tow truck back into service I,hen ullllsual circumstances require additional time that are not
part of normal OpUiltlllg procedurcs
POSSESSION
Pursuant to Section JOGS I of the Civil Code, possession is deemed to occur when the vehicle is
removed and is intr:l11:ilt, or 1IIIell vehicle recovery operations or load salvage operations have
begun.
Pl'BLlC SAFETY I~ESi'ON::iE
A response \\hich l'esuIls in a storilge ora vehicle at the direction of an officer. This does not
include ZI storZl~e ;it ti" IcqLleS[lll-lhe vchlcle operator, registered owner, or agent.
REPHESE!\'TA.TIVE
A person or group or I,CI,UJ1S I cpl'csentlllg the operators within a CHP Area designated to
represent their inlerests III the speciiicJ COI11I11UIHJer.
RESPONSE TIME
The period oftillle frolll ;Iil OpCI,ltor's notification ofa call by a CHP Communications Center to
the arrival of the tOI\' II Lick ZIt tlie location requested.
RETAIL RATE
The usual custOIliJr\ r,I;I:i nilc '~hargecl by an operator to individual retail customers. Generally
the competitive hourll i;l"; a co;npany hilS posted in the office and quotes over the phone.
SUSPENSION
Removal of an operZltlll' 110111 the Area '5 rotation tow list for a specified period of time.
Suspensions may be it)I' periods longer than the current teml of the TSA.
26 or 33
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TERl\lINATION
Permanent removal oj :lUll OI)l'l alar f;,ol11 the Area' s rotation tow list for the remainder of the
term of the TSA and/or dlsqldil:cJtion from any further pal1icipation in the Department's
Rotation Tow Progral11.
TOW TRUCK
A tow truck as dcL;\d III Secllon 6] 5 olthe California Vehicle Code. Also includes slide back
carriers and whcellill I'cLlcle);
TOW DISTRICT
The geographical are:.1 ill '.'<hicll ~ln operator Illay receive CHP-referred calls. The number, as
well as boundaries, of low districts will be determined solely by the Area commander in
consideration of the nc'cLI'; oflhe CHI'
TOW SERVICE AGREEMENT
A document Ivhicll SCl; I(,rth 1:1'; ll'lI,lS ~llld conditions of an Agreement between the operator and
the Area cOlllmander I,'pl .:senl;IJ~ the CI,II'.
VEHICLE REC()\',',C Oi';,JUTION
An (lperation involl'ill'; Ilie plOCCSS of up-righting an overturned vehicle or returning a vehicle to
a normal position onl'le IUildwilY Ivhich requires the use of auxiliary equipment due te the size
or location of the vehicle ThiS lIill usually be lil11ited to operations requiring a Class B, C, or D
tow truck
WAIVER OF REQll(rC~;\IFNTS
Provides for tel11~')ol~I:" rl:lc1 1;,)111 selecled terms and conditions of the TSA.
WRITTEN REI'IW\,,\::D
A written notice to ~n OI)l'J':.1(OI" which specifics any violation of the TSA, orders corrective
action, and Ivams of 1IIIlher aClion t,) be ukcn if corrective action is not taken.
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ATTACHMENT B
,:QtiIP.'\!E:'-T SPECIFICATIONS
J. GENERAL EQUiP:\IEl\T SPECIFICATIONS
A. Tow Trud, and Car Carrier Classifications: Tow truck and car carrier
classilicatlons arc based on the truck chassis Gross Vehicle Weight Rating
(CJVV/R) and the classilication system used by the American Trucking
AssoCiation (AlA) and truck manufacturers.
,\ D~l!.lfL~ 1 ;~I)llni:l<;.l.tl rcr'" CI Jssi lications
CLhS GVWR[,c "C;V\\R"1 Range (Lbs.)
I 10,000 - i 4.000
:: 14.C,)1 - I(LOOO.
J 16,OUl - ISl~500.
4 IlJ,501-2o.000.
<; 26,00 I - 3:1,(JO().
(i 33,()()lormore.
CllP Rotation Classifications
Tow Truck Class
................. (A)
....................... (A)
................ (A)
................... (8)
.. .. . .. .. .. .. .. . (13 )
.................... (C & D)
1) Thc Illllllilllllll G V WR for any Class A tow truck sh;,!1 be 14.000 pounds.
/\/1 CI:I',';!\ tow 1111cks and car carriers with a GVWR of less than
14,"()O I,'lllnd'; c!!trcntly approved for the CHP rotation tow list will be
allo,lcd to 1,'111:\111 onthe rotation tow list until June 30. 2006, provided the
velll~:' ,Clll:11I15 continllollsly on the CHP rotation tow list, in service with
the ,::1/11.: 'CUlnpJIIY. and in the same district.
2) /\fl':I' June 30, 2006, Class A 4-wheel drive tow trucks with a GVWR less
thall 14,UOO llis may be listed as special equipment on the Rotation Tow
Lisling ;\Ilplic:ltion (CHI' 234A). These tow trucks shall be used only for
rtCo\eriLS requiring the use of4-wheel drive.
B Equipment Li;:1itations' All towing equipment, recove!)' equipment, and carrier
reltlllgs ill'e ['asC.llln stll!ctul'al factors only. Actual towing, carrying. and reco\'ery
CZlp:1Clly 111:1) he lill:ikd by the capacity ufthe chassis and the optional equipment
selected.
C. To\\illg Limii:ti;ows:
i) The toted weight of the truck, including the lifted load, shall fall within the
G V WII. :md 110t e.\ceecl either the Front Axle Weight Ratings (FA WR) or
Reelr A,!c: Weight Ratings (RA \VR).
28 of 33
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The truck must meet all applicable state and/or federal standards.
3)
The front a:>-Ie load must be at least 50 percent of its normal or unladen
weight when in tow.
D. Idcntification 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 stl"Llctural design of the recovery equipment must have a higher load
capacity than the performance ratings.
2) \,\,'inches shall conform to or exceed the specifications set fOl1h by the
Recovery Equipment Rating (SAE) Handbook, SAE 1706,
3) All ratings for cable and chain assemblies are for the undamaged assembly
condition. All c~lblc and chain assemblies should be the sallle type,
eonstruction,and rating as specified by the original eql!ipfl1ent
m~lI1ufJcturcr (0[,'\.1) for the equipment.
r. Safety Chains Safety chains shall be rated at no less than the rating specified by
the OP,,1. All safety connections and attachments shall have a positive means, of
sufficient strength, to ensure that the safety connection or attachment ca/lnot
disengage while in transit.
G Control/Safety Labels: All controls shall be clearly marked to indicate proper
operation, as \lell 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 i1pproved for use by the CHP. Consistent with Title] 3, Section
1305(b), wire tripe is /lot ill good condition when it is stranded, knotted, crushed,
excessively rust), kinked, bndly worn, when there are 12 or more wires broken in
lay length, or \\here there is other visible evidence of loss of strength.
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Uniforms: CIII' rotation 10\\ drivers shall wear an identifiable uniform shirt
displaying the company and dr;ver's names while engaged in CHP rotation tow
ope rat Ions.
K.
Safety Vests: CHP rotation tow drivers shall wear a safety vest. meeting
Occupational Safety And Health Administration (OSi fA) requirements.
Alternative)y, the OSHA sakly requirements may be incorporated into the
uniform, jackd, or rain gear, as long as these items arc wom as the outermost
garment.
2. HEQUlHED EQUJP.\IENT AND SPECIFICATIONS
All tow trucks and car carriers shall be equipped and in compliance \vith the most recent
electronic version ol'lhe Tow Truck Inspection Guide (CHP 2348) available from the
Area tow officer. This IS in addition to the equipment listed below:
A. AlitaI\' trucks ~lIld car carriers will be equipped with hydraulic or mechanical
winches.
13 Class A low lrucks shall be equipped with one 4-ton snatch block.
C Cla~s n tull lrllcks shall be equipped with a 7,000 pound rated tow rar.
D. Class C 10\\ tlucks shall be cquipped with a 12,000 pound rated tow bar.
E Class D Ww Irucks shall be equipped with a 20,000 pound rated tow bar.
Note: Trucks used exclusively for salvage and recovery operations are not
reyuired to pos,css safely chains, tow bars, andlor underlilis.
F. Recovcry SII-;II)S (minimulll of one set meeting the working load limits for c:Jch
class oriO\\' truck operated hI' the company) that are not stored on a tow truck
shall be a\ail~1l1Ie at the business office on a 24-hour basis. There shall be no
charge for the Irclnsponillg or recovery straps to or from a recovery location_
30 (;f33
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ATTAClI;\lENT C
APPLICANT'S INSTRLCTIONS FOR CO:\IPLETING THE CHP 234A AND CHI' 234B
1. GENERAL I NFOH.:\I A nON
k The following instructions arc beillg provided to assist you in the accurate
completion or the necessary forms. Please be sure to sign and date the
application forlll as indicated. \'ou should thoroughly read and understand the
Tow Service Agreement (TSA) prior to submitting your application. After
completing the Application for Rotation Tow Listing (CHI' 234A), attach a copy
of the current motor carrier perm it and the Tow OperatorlDriver Information
Sheet (CHP 234F) and return the entire package, along with the certificate of
insurance as :;pccificd in f:lement 9 of the TSA, to the local CHI' Area for
approval. Iryour company rcceiHs preliminary approval, an inspection of your
facilities and equipment wi II be Scheduled.
B. /1.11 TSA appllGltions Sublllltted tllrough the mail shall be sent by certified mail
with I'elurn recclpt requested. The return receipt shall be presented to the CliP as
proof that the ;lppl ication \\ as ll1ai led to the ClIP prior to the close of the open
enrollment period.
C. Upon final approval, the Operator Approval form and the Tow District
Description (CI II' 234C) will be added to the 1'SA. Upon receipt ofthe~e
documellts, you should Si~ll and date the Operator Approval form and return the
original to the luca! CH I' Mea.
2. SPECIFIC INSTRUCTIONS FOR FORMS PREPAR<\TION
A. The CliP 234/\ llluSt be completely filled out and signed. Incomplete
applications 1\ ill not be acccptcd. Any misrepresentation on the application will
be grounds fOl' criminal alld/or disciplinary adion.
B. A current copy of the company's 1110tor carrier permit shall be sent with the
ClIP 234A.
C. The CI-IP 2341: .;hall be COlllpleted by all tow operators and tow drivers during the
Area's open cII:ullment pel lad, or anytime a tow company applies to the CHP for
inclusioll in [lie I\otation Tow Program. If a tow operator refuses to complete
and/or sign thc 101'111, the lO\\, company shall not be allowed to participate in the
progral11 If 10\\ drivers Ie luse to complete and/or sign the form, they shall not be
31 of33
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allowecl to respond to CliP rotation calls. Additionally, every tow driver hired
after a to\\" COln!'an)' has received approval to participate in the program shall
complete and sl~n the Cl il' 234F within seven calendar days oflhe dale ofhire.
D. Rotation TOil List - Tow Truck Illspection Guide (CHP 234B).
1) Upon plc/iminar)' approval, the local Area will provide you with a
CllP 23<W for each tow truck.
2) You should complete the top section of the CHP 234B with company and
IThiCle Illformatlon prior to the scheduled inspection date.
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ATTACHMENT D
OPERA TOR APPROVAL
J cel1ify that all drivcrs oper~ll1l1g undcr this Tow Scrvice Agreement (TSA) are qualified and
competent. I further certify th~lt J 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 ai/ 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 may be injured or damaged by the operator in
the performance of th is TSA The operator, and the agents and employees of the operator, in the
performancc of this TSA, shall act in all independent capacity and not as officers or employees
or agents of the State ofCalifOlllia, The terms of this TSA (2004-2005 TSA) will become
effective:
and cnd
Datc
Date
~-- - I
I
Operator App!'oval
Signatun; Typcd Namc
Company Title Date
Business Address Phone Number
...
33 of 3 3
ExamIT 2
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2005 - 2006
l'OW SERVICE
AGREEMENT
NOVEMBER 2004
'"
-V~. ~l1r'1r'- ~"C'rrrrw""""" ",r,.,.,
'r~ "~ "lXi"" "~-""T
TABLE OF CONTE,\lTS
ELEMENT PAGE
1. TOW DISTRICTS ...................................................................................................................1
2. ROTATION LISTS ................................................................................... ..............................1
3. TOW TRUCK CLASSIFICA 1'I01\S.....................................................................................4
4. GENERAL EQliIPMENT SPEClFICA nON .....................................................................6
5. TO\V TRUCK DRIVERS .......................................................................................................7
6. .RA TES .................................. .............................. ......................................................................8
7. COLL USI ON............................ ........ ..... .......................................... ............................ ........... I 0
8. RESPONSE TO CALLS .......................................................................................................11
9. STORAGE FACILITY .........................................................................................................12
10. INS URAN C E..... ............. ............ ............................... ............................. ............ .................... t 4
t 1. INSPECTIONS ......................................................................................................................14
r 2. BUSINESS REeO RDS....... ........... ....... ............................................................................ .....15
13. FlN A.i\l CIAL INTEREST..... .................... .............................................. ...............................15
t 4. ANNUAL 1\lEETIN GS.. ...................................................................................... ..................16
15. DEMEANOR AND CON'DUCT..................... .....................................................................16
16. COl\lPLIANCE \VITH LAW ...............................................................................................17
17. COMPLIANCE WlTH THE TSA .......................................................................................17
18. DISCIPLINARY ACTION ...................................................................................................13
19. TERMS OF DISCIPLINARY ACTION .............................................................................19
2 O. HEA RIN G/ APP EAL ....... ......................... ........................ ............................. ..................... ...2 0
21. J\.lIDTER1vt REVIEW ..........................................................................................................21
22. AD VER TI SING.. .................. ................ ....................... ................ ............... ........ ........ ........... 21
23. CAN CEL LA TION ............. ................:......... ............. .............................................................21
24. OPERATOR APPROV AL...................................................................................................22
2005-2006 TSA 9819
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STATE OF CALIFOR1'\1IA
DEPARTMENT OF CALIFOR\;lA HIGHWAY PATROL
TOW SERVICE AGREEMENT
CtlP 234 (J 1.2004) OP! 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 (ClIP).
Participation in the CHP Rotation Tow Program is voluntary. Compliance with all oflhe 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 perfurming services under the TSA.
I. TOW DISTRICTS
A. The CHP Area commander shall establish tow districts for each class of tow truck
to facilitate the distribution of calls and meet the needs oflhe CHP with regards to
response time and availabilityoftow services. Within each tow district, the Area
commander shall determine the maximllm 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, all operator who meets all requirements of the
TSA, A waiver wi!1 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 nception shall be documented as an addendum or waiver to lhe
TSA.
2. ROTATION LISTS
A. - \\.jrhin each tow district, the CHP shall maintain separate rotation tow I ists for
each class of tow truck to ensure an equitab:e distribution of calls. Nothing in
the TSA shal1 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
avaJlable tram 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
2005-2006 TSA 9819
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then go fa the bottom of the rotation lOw. Tow companieo 11n the same list that
\\ere by-passed would remain in the same order until their selection for a
rOlation [ow for which they arc qUJliiied,
8. Nothing shall prohibit a Class 8, C, or D operator from maintaining a place on a
lighter class rotation tow list, provided the tow truck meets the equipment
speci lications for that class of operation, Regardless of the class of tow truck
utilized or responding to the call, char~es 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
he 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. I f 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 hack at the lap oflhe list.
I) I r the operator is canceled by the veh icle' s registered owner or agent
prior to the operator taking possession of the vehicle, there shall be no
cllargcs for towing. The operator shall immediately contact the CHP
and advise them of the cancellation. The operator will then be place.j
back at the top of the list.
2) lfservice, other (han towing, recovery, and load salvage, hds 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 onlhe vehicle has begun, not the response, No lien shail
arise for the service unless the operator has presented a written statement
to the vehicle's registered OVdler 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 subsequenrly canceled, when ;1ot
entitled 10 such lien bj law.
D Area commanders may establish IOCJ! policy v.hich allo\\s In operator to
dispatch more than one 10\\ truck to a multiple vehicle collision scene in
:-:5p'Jr.S=~':.;. :-'::2.:;.:r. ~~..\ .:~;;.
E. [fl\\o or more operators Jre called to the same incident, distribution of the
\ehicles shall be at the discretion orthe CHP Incident Commar,dcr.
2005.2006 TSA 98' 9
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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 \\aived 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 J
tow distrid"
2) An operator shall provide service in only one Area eomm:ll1d unless
wai ved by both adj3cent 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.
C. Operators applying for a rotation tow listing shall have a minimum of three (3)
verifiable years for-hire towing experience. as an owner or principul, prior to the
linal 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 veriliilblc
for-hin; to\\ing e,'\periencc may be considered for a position on the CHP
rotation tow list if a full-time manager who possesses the required to\\
m:m:lgernent experience is employed by the company. The manager
shall have the authority to conduct all C0mpany busincss and to sign the
TSA and the Application for Rotation Tow Listing (CHP 234A). If the
manager ceases to bc emplo)ed 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 himlher to sign
the TSA and CHP 234A for the company. An owner/operator who
releases vehicles. completes lien sale p,lperwork, and other tow business
related documents for three years in the company, with the qualified
manager. will fulfill the three years for-hire-to'Wing 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 It)r
salvage and recovery operations involving large commercial \ehicles. as
detined by the Area commJnder. Operators 011 the rotation salvage and
:<:o\e;: list sfJall "~Sr()n:i 2! le2S! one (1' chvcr that has f'\'" (~: verifjabk
years for-hire salvage and recovery experience. The operator shall have a
minimum of one (I) Class D to\\ truck and one (I) Class C tow truck. \Vhen
the operator is dispatched to salvnge and recovery of a IJrge commercial
2005-2006 TSA 9819
30f22
~~ ...--
~ . -, ~,~.~~
vehicle, they shall respond wilh a minimum oft",.o low truc,s The t.wo lOw
trllcks responding shall include at minimum one (I) Class D and one (I) Class C
t(HV Iruck.
Depending On area neects, the Area commander may establish local policy
requiring a minimum of two (2) Class C low trucks for the salvage and recovery
rotation list. The operator assigned the initial call may, subject [0 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 California Code of Regulations (Title 13), the specifications
contained in th is 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 T51\. Class D tow
trucks used exclUSively for salvage and recovery operations are nol
required to possess wheel/ift capabilities~
2) ':\n operator who has a car carrier is exempted from the recoI'Cry. ",heel
lift. and boon; capabilily requlrement.,. However, the car carrier Illust be
an additional unit and shall not be used for recovery.
B A violation oflhe Gross Vehicle Weight Rati'ng (GVWR) and safe loading
requirements ofa tow truck may be cause for immediate suspension. This
includes exceeding the low truck's GVWR, front axle weight rating, rear axle
weight rating. maximum tire weight ralings, or not maintaining 50 percent ofihe
tow truck's unladen front axle weight On the front axle when towing.
C Therewill 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 distflcts
where rapid response for congestion relief is required.
1) ClassA-LigbtDut)'
C,' A!: operator shall :naintain a minimum of one tow truck \Ihich has
J manufacturer's GVWR of at least 14,000 pounds. After June 30,
2uU6, Class A '1-\1 heel drive tow trucks w Ilh a G V WR less Ihan
J 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 :I-wheel drive. All Class A
2005-2006 TS.A, 9819
4 of2~
~"TO.<,""--
_~OOO' _ o__~_
~- -
tow tru(~s and car carriers ....ith a GVWR of less than 14,000
pounds currently approved for the CHP rotation 101'.' list will be
allol'l'ed to remain on the rotation tOIY lislllillil June 30, 2006.
b) The Area commander may require that an additional required tow
truck be a car calTier.
2) Class B - Medium Duty
3) An operator shall maintain a minimum of one low 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
vehic Ie. All Class B tow trucks with a G VWR of less than 26,001
pounds currently approved for the CHP Class B rotation tow list
I~ill be allowed lo remain on the Class B rotation tow list until
June 30, 20 I 0,
b) Tow companies continuously used on rotation for the CHP, whose
cljuipment lIas previously approved and owned by the same
operator but lacks air brakes, and/or a tractor protection valve or
device, may apply for dnd recei.e a Class B rotalion tow listing if
lhe low truck is capable of supply ing continuous air to the towed
vehicle from its engine mounted air compressor and is equipped
with an air gauge
3) Class C - fIca,,)' Dut}'
<1) An operatCJr shall maintain at least one three-axle tow truck with a
GV V/R of at least 33,00 I pounds. The truck shall be equipped
with air brakes and Illust be capable of providing and maintaining
continuous air to the towed vehicle.
-n Class D - Super Heavy Duty
a) An operator shall maintain at least one three-axle to\\' 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 towed vehicle.
b) If this class of to I. truck is used exclusively for salvage and
recole/) operaliuns. rhere IS no requirement lor proviJing and
maintaining continuous air to the tOIVed vehicle.
2005-2006 TSA 9819
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D. To properly and sJfely tow and service the \..ide variety of \ehicles being
operated on the highway, a towing procedure m:!)' require the use of auxiliary
equipment specificall) designed for the purpose. This auxiliJry equipment should
be used when appropl'iate.
4. GENERAL EQUIPMENT SPECIFICATlo,"-iS
.'\. Tol\' Truck and Car Carrier ClassificJtions: Tow truck and'car carrier
classifications are based on the truck chassis GVWR and the classification
system used by the American Trucking Association (A TA) and [ruck
manufacturers.
B. Towing Limitations:
I) The total weight of the truck, including the lined load, shall fall within the
GV\\'l<. and nllt exceed eitner the Front .'\~Ie Weight Ratings (FA WR) or
Rear Axle Weight Ratings (RA. \\'1<.).
2) All tow trucks and car carriers shall be equipped and in compliance with
the most recent electronic versiol! oCthe Tow Truck Inspection Guide
(ClIP 2348).
J) The truck must meet all applicable 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 identify the manufacturer, serial number, model, and rated capacity.
D. Recovery Equ ipmcflt 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 I...ith the load lines vertical and the lifting
cables sharing rhe 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 rbe specifications set fortb by the
Recovery Equipment Rating (SAE) Handbook, SAE J706.
3) All ratings for cable and chain Jssemblies 3re for the 'J'1damilged assembly
condition All cable and cha:n assemblies should be the same type,
~UrIS~~\..<':~;Ur:, ail~ r~'ljii; J) .)pc~Jic~ b) ~~LC UIlgjl,Ji ~q~;pjI1cn~
manufacturer (OE1\.l) for the equipment.
2005,2006 TSA 9819
6 (If:2 ~
E Control/Safety Labels Ail controls shall be clearly marked to indicate proper
operation, as well as any special warnings or cautions.
F. L'niforms: CI-1P rotation tow drivers shall wear an identifiable unir')rm shin
displaying the company and driver's names while engaged in CHi' rotation tow
operations.
G. Safety Vests: CHP rotatiolltow drivers shall \lear a safety vest or reflectorizing
clothing, meeting Occupational SafelY 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 0 f
vehicles serviced through CHP rotation. Tow drivers shall perform all towing and
recovery operations in the safest and most expedient manner possible. Tow trllck
drivt'rs shall be at least 18 years of age and shall possess the proper c lass license
and endorsements ror the towed arid [owing vehicle.
B. The opera:or shall maintain a current list of drivers.
J) The operator shall provide a current list of drivers to [he Area upon
Implementation of this TSA. The operator shall notity 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 OperatorfDri\er
Information Sheet (CHP 23.JF).
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
of30 days to enroll drivers in the Pull Notice Program.
:n
Pulll'\otices shal! be keet on file. 5i~neJ. Jnd daled r:- the operator
-)
.~.;;.:: ..:C'~~'::-::~;-S :7':3) :-eq~;:;-~::; 2;:e~~!J;:2 p~J'. ice -:2;;:es of PJ1~
l\iotice Repons to the Area.
2005-2006 TSA 9-919
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6. RA TES
A. F~es charged for calls originating ffLlm the CliP 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 r,:asollableness of the
fees charged II ill be determincd in ,he follo'ling manner:
I) The operator shall submit tv. 0 retail hourly rates to the Area ommander.
One r<lt~ for normal business hours and one rate for after busllless hours.
The Ar~a commander shall determine the validity and reasonableness of
the submitted rales.
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 uSllal customar)' rctail rate quoted over
the phone and posted in the company office will be considered
invalid and will not be accepled.
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 OIlLe.
2) In an effort to remain competitive in the open market, the operator may
lower retail 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.
J) Any operator v.ho charges r~tes above the submitted rates for a CHP call
shall be in violation of the TSA and subject 10 disciplinary action.
U. The rate for towing shall be computed from portal to portal. Time expended shall
be charged at a rate nor to exceed rhe hourly rate. Time expended in excess of tile
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.
J) The operator may charge up to a thirty-minute minimum per call for any
service or tow which is performed I\hen the vehicle oper;:Jtor or agent is
present and the vehicle is not stored at the direction of an officer.
2) The operator mav charge ur to a one-hour minimum per callan responses
which reslIltll1 storage of a vehicle at the direction olan officer.
2005.2006 TSA 9819
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:') The operator shJl1 bJse lowing (barges upon the class of vehicle being
lo\\ed, regardless of tile Cl3SS of truck used. e:-.cept when vehicle recovery
operations require a larger class truck.
C Rates for a service call (out of ps. lockouts. tire changes, etc.) sh311 be from
portal to end of service. aliu may be Jt the hourly rate with a thirty-minute
minimum, Charges in excess of thirty minutes may be chJrgeu in no morc th3n
one-minute increments.
D, Fees for Special Operations
1) For special operations involving Class D, C, ilnd 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 wilh industry st3ndards for similar operations.
Charges in e,'(cess of thirty minutes may be charged in no more than
one-minute increments.
a) Hourly rates shall be established for the following:
(I) Auxiliary and contracted equipment, eg,. 3lrbags,
converter gear/dolly, addition::1 trailers, fork lift, front
loaders, etc.
(2) Contract labor
b) Based upon the average of the proposed fees submitted and a
comparison to industry slandards for similar operations, the Area
commander shall cietcrmine the reasonableness of the fees for these
types of operations,
2) Operators shall submit a mark-up rate (percentage orthe cost to the
operator) for rental equipmenl and specialized labor not othcf\vise listed
on the application.
3) Iran 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 cosl orlhat service plus 10 percent.
E The ch3rge ft1r :Jfter-hoLlrs release sblJ be no m0rC tnill1 one-ha!flne houri.. ral~,
and shall only be ::1110\\ ed on weekends. holidays. and outside normal busin\ss
110urs.
2005-2006 TSA 9819
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f. Stor<lge Fees
I) The operator shall submit proposed storage fe~s for inside and outside
storage to the Area commander, Based upon the average of the proposed
fees submined 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 justi fied by the lOW operator,
2) The operator shall display in plain view at all cashiers stations, a sign JS
descrihed in Section 3070 of the Civil Code, disclosing all storage fees
and charges in force, including the maximum storage rate,
3) Vehicles stored 2'~ hours or less shall be charged no more than one day
storage,
4) Storage ofvehiclcs in combination may be charged a per vehicle rate
e,xcept for dol lies, con-gear, ete. Dollies and con-gear may be charged a
storage rale not to e),ceed Class A storage fees,
G The apprc'vcd schedule or rales charged hy the operator shJl1 be available in the
tm'" truck, and shall be presented upon demand to the persons Cor whom the tOIV
services were provided, their agent, or any CHP officer at the scene,
H, Rate requirements represent the maximum an operator may charge on a CllP calL
An operator is not precluded [rom charging less when deemed appropriate by the
operator, These requirements shall not be construed as requiring a charge ifan
operator would not normally charge for such service,
L ]\;0 operator or employee shJII refer to any rate as required or set by the CHP,
7. COLLUSION
A _ An operator and/or applicant shall not conspire. al1empl to conspire, or comIn it
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 TS,'\ that would bring about any unfair condition which could be prejudl.::ial
to the CHP, the motoring public, or other operators,
B. ,\ finding by the CHP that any ooerator or applicant has been involved in
c0iiuSlOn shall De cause ['or oenlal OJ an appllcallon 0r silaii nullify lne TSA :\ny
operator or applicant found to be involved in any act, or al1~mpted act of
collusion, shall be disqualified from participation on all CHP rotation tow lists for
the current term, plus three years,
2005.2006 TSA 5819
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8. RESPONSE TO CALLS
i\ The operator shall respond to calls 24 heurs a day, seven days a week, within the
maximum response time limits as established by the Area commander and i1S
specified in Element I, Tow Districts, of this TSA. The operator shall respond
with ;1 to\\' truck of the class required to tow the vehicle speci fied by the CI-fP.
The operator shall advise CHP dispatch, al the time of notification. 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, tl,e operator shall immediately notify the appropriate CHP
Communications Center. The operator shall not assign any calls to other tow
operators.
I) A fai lure to respond to perform the reqt.Jired towing or service andior
repeated failures to meet the maximum response time requirements shall
constitute failure to comply with the terms and conditions of this TSA.
::) The Area commander may take immediate disciplinary action for any
violation orthe requirement 10 respond within the maximum response
time.
J) \\ hen an operator wil! be temporarily unavailable to provide services due
to a pre-planned or scheduled activit), the operator shall notify the Area
command at least 24 hours prior to the date that services will be
unavailable, noting the limes and oates 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 10 a CHP
call. An operator shall not respond to a CHP call assigned to another operator
unless requested to do so by the CI-jP.
.I) This shall not preclude the operator from responding to an incident 10
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.
2) F:er~ ma:.' be ~;mes when the operator assigned the Inltla! call may require
the assistance of an additional operator at the scene. The operator
asslg;Jed lIle Ifllllal call ma), subject to prior agreement With the Area
comrn:lI1der and with the concurrence of the Incident Commander, reql!est
2005-2006 TSA 9819
II 0(22
a specific operator for assistance. The r.:quest shal! be routed to lhe
additional opemtor through the CHr.
3) There may be times when an operator, II ho IV 3S not called to a scene,
comes upon a collision scene vvhere a vehicle or vehicles are blocking a
roadway and an officer requests assistance in cle:u.ing the roadway. In
such a case, the operator may be requested to move the vehicle to a safe
location, as directed by the officer, and !e;JVe it. There shall be no charge
for this assistance and the assistance 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 he provided. The
operator is responsible for the reasonable care, custody, anci control of any
property contained in towed or stored vehicles.
B. The operator shall obtain Jpproval from the CHP prior to the removal of any
property from a stored or impounded vehicle and shall provide a receipt, with a
COP) placed in the slared vehicle. The requirement to obtain approval from the
CliP prior to the removal of property may be e,-cused by th.: Area commancier if
it io; determined that proper safeguards and procedures are utilized by lhe operator.
I) This requirement may nol be waived in cases where a vehille has been
impounded for evidence or investigation.
2) Upon approval from the CHP, the operator sha II rekJse 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 after normal business hours,
consistent vv ith the after-hours vehicle release provisions.
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 veh;c Ie registered owner or agent.
R~s;;cnses ::r:? nw.d3tcry on I'. <ck.:nds. hol idays, and outside
normal business hours, provided the vehicle's current registered
owner or owner's authOrized agent are available for return of
personal property. Payment lor an after-homs release of property
may be required at the lime of the release.
2005-2006 TSA 9819
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-.
3) Cargo shall be released upon dem~lnd of the carrier or pursuant to a cOllrt
order.
C. The primary storage facility shall norma II) be at lhe same locl1tion as the business
address. If not at the same location, there shall be no chJrge for any additional
distance traveled to and from a secondary loc<ltion. The vehicle and/or personal
property shall be released at the primary storage facility or place of business upon
request of the registered owner or a person having a legal entitlement to the
vehick and/or property.
I) Prior to lhe utilization of new storage facilities that were not I isted on the
application for rotation tow listing, the operator shall furnish the address
and obtain the Area commander's approval.
~) Secondary storage facilities shall be located reasonably close to the main
business office.
D
Tow orerators 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 t('wing 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 rIOt be less than 8 am.
to 5 p.m., Monday through Friday, except for the following state recognized
holidays: New Year's Day, 1'v1artin Luther King Day, Lincoln's Birthday,
Presidents' Day, Memorial Day. Independence Day, Labor Day, Columbus Day,
Veterilns' Day. Cesar Chavez Day, Thanksgiving Day, day after Thanksgiving
Day, ilnd Christmas Day.
I~
..J.
Business hours shall be posted in plain view to the public. Offices staffed with
only one employee may be closed for one hour at IUllch. A sign shall be posted
\\ ilh the reason for closure. The sign shall have a phone number where a req llest
will result in an immediate response to release property or vehicles. Response to
the office shall be within lhe time frame required for a normal CHP Class A tow.
I!.
Employees shall be properly trained to conduct business transactions related to
towing, storage, and release of vehicles/property.
The release of vehicles shall be conducted in acco,danc;> \\ilh A,c3 procedures
The Area commander shilll ensure that proper provisions are in place for the
rei<::a,c: (J! .11; impounJeJ, erdclcs. T 0\\ companlcs snaii respond f,',; .1her.hours
release of vehicles ",hen requested by the current registered owner or owner's
authorized agent.
2005.2006 TSA 9819
I:; of ~2
T'-'~~ ,-' 'Co
"
10. INSURA.]\CE
A The operator shall maintain the follo\\ing minimum levels of insurance from an
Insurance carrier admitted in Cali fornia, or admitted in the stale in \\hich the
operator's business is located, and is authorized to do business in California:
I) Minimum Level of Financial Responsibility (as required by
Section 34631.5 of the California Vehicle Code) - Bodily injury and
property damage with a combined single limit of not less than $750,000
for Class A tow trucks. The combined limits for Classes B, C, and D shall
not be less than $ i ,000,000 These minimum slimdards are to include
non-owned and hired aula coverage.
2) Uninsured Motoml - Legal minimum, combined single limit.
J) On-Hook Coverage/Cargo - Insuring the vehicle in tow with limits based
on the size of the tow truck,
a)
b)
c)
el)
Class A tow truck,.........."........$50,000
Class R tOwlruck....,$IOO,OOO
Class C tow truck ......
.,$200.000
Class D tow trucK... .,.................$250,000
4) Garage Liability/Garage Keeper's liability - Includes premises and
operations. CoverJge for bodily injury and property damJge with a
combined single limit of not less than $500,000.
G. Proof of insurance shall be in the form of a certi /icate of insurance. Policy
expiration or cancellation will immediately nullify the TSA The operator's
insurance policy shall provide for not less thQI1 30 (13)'5 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 nOl less than one annual inspection of all to\\' tr'ucks at no
charge to the operator. The CHP may conduct 3dditional 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 CtIP shall inspect a tow truck within
,::,~, Ja)s J[ a reqL'cs; from an operator, A;l) operator ""ho fails an inspe~tjon is entitled
It' onlv one re-insoection Failure to oass the re-insoection shall be cause for the
disqualification of tile to\\ truck from use on CHP rotation. The tOIY truck shall be
dlsqu:lIlfied until the next enrollment period.
2005-2006 TSA 9819
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n, BUSINESS RECORDS
r\. 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 cal L itemized costs of tO\\ ing and ~torage, the tow truck driver's
name, and truck used.
B. At the operators primary office, they 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.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 inspection for a pniod oft\\o years
plus the current term ot'this TSA.
r. failure 0 r the operator to comply with the inspection requirements shall be cause
for suspens,on.
13, FINANCIAL INTEREST
A. No operator or 8pplicant 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 an"ther operator, shall
oniy be approved if the o'-'nerloperator charges for the space exclusively on a tlat
monthly rate rather than a vehicle-by.vchicle basis. or combination thereof.
Facilities shared by operators shall be physically separated and secured from ~ach
other. An:a 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 ma\ u~pl:' for J rotation tO\\ listing at an: rime
during the remainder of the current TSA term, regardless of the Area's enrollment
PCri0u.
D. A terminated or suspended operator, and/or the tow business owner at the time of
the suspension or termmation. shall not be eligible for a rotation listing for the
2005<2G06 TSA 9819
15 of2~
'-'.' '" -., m'--
., 1 "rn~--- .,-
-- - - ,~
durat ion 0 f the suspension or terminal iOIl. Th is provision app lies to the operJtor
working in any cJpacity II ithm allY tow business or operating any tow business,
and to the to\\' busine:,s, even ifoperaled under nel\' ownership.
14. ANJI\UAL MEETINGS
The Area commander shall conduct. at a minimum, one annllal meeting to discllss issues
conct:rning the tow rotation. All meetings shJl1 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.
IS. DEMEANOR AND CONDUCT
A. While involved in CHP rotation low opaations or related business, the tow
operator and/or employees shall refrain from any acts of misconduct mc luding,
but not limited to, any Oflhc following:
I) Rude or discour1eous behavior.
2) Lack of service, selective service, or refusal to provide service which the
operator is/should be capalJle of perform ing.
3) ."\11)' act of sexualllm35sment or sexual impropriety.
4) Unsafe driving practices
5) Exhibiting any objective symptoms of alcohol and/or dTllg use.
6) Appearing at the scene of a CHP rotation tow call with the odor of an
alcoholic beverage t::l11itting from the driver's or employee's breath. The
operator/tow truck dTlver shall submit to a preliminary alcohol screening
test upon demand of the OIP.
B. All CHP-related lOW service complaints received by the C/-lP against a tow
operator or tow operator's employees II ill be acr.epted 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 he a possibility, the CHP will conduct the
investigation to conclusion or assist the lead if1',estigating agencl' and. if
warranted, req ue~t prosecut ion.
2005-2006 TSA 9819
160122
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_,,, _0'-
'11'-
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16, COJ\.lPLlA1\CE WITH LA W
1\. The tOI\' orerator and emplo)ees shall. 31 all times, comj.Jly with fedcr;ll, state, and
local laws and ordinances.
1) I n the event of ami nor tra f:;c viol ation by a ro13t ion tow truc k dri vcr
\~hich is known by the CHI'. the tow operator shall be advised of the
violation by the CHI'. 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 discipllnary 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.
13. The provisions contained in Element 16, Compliance with Law, do not preclude
the CHI' from taking appropriate enforcement or administrative action for any
violations of lal', Complaints for violations of the law not nonnally investigated
by CHP will be referred to the agency with investigation jurisdiction.
CAn; con"ictiC1n of the operator or employee involving a stolen or embezzled
vehicle, fralld related to Ihe towing business. stolen or embezzled property, a
crime Df violence, a drug-related offense, felony driving while under the influence
of ;:lcol1ol and/or a drug. misdemeanor driving while under the int1uence of
alcohol and/or a drug. or moral turpitude whde IIlvolved in a CHP rotation tow
call shall be CJust: for removal 01 the employee from the list of current CHP
rotation tOIY truck drivers, denial of operator application, or tennination of the
TSA.
D. An operator or emplo) ee arrested/charged for a violation involving any of the
above crimes may be suspended unlillhe case is adjudicated.
/7. COMPLIANCE \\'lTH THE TSA
A. The operator agrees. as a condition of inclusion on the rotation tow list, to comply
;;ith the tenns and conditions of the TSA. fUrlhermore, the op~rator agrees that
fJilure by Ih,: 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 rotation tow lists.
B. Alleged violations of the TSA will be investigated by the CHP Area covered by
the: T5..\. lr.t opaUI,'! wlii iJe n,ili;iea ot'ln;; CHI' r'uea's rinJlngs IVltnln 30
calendar days of the conc lusion of the investigat ion,
2005-2006 TSA 9819
17 of 22
. ~'"
18, DISCIPLINARY ACTION
A. The Area cummander shall take disciplinary action against operators for
violations investigated and confinned or sustained. linless other\\ise noted, the
Area commander shall dClerm ine the period of suspension. The Area commander
shall retain discretion regarding the length of any suspension imposed pursuant to
the lerms and conditions of this T5.'\.
S. Records of violations shall be retained by the CHP for at least 36 months.
C Disciplinary action la"en 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 equiprr.ent requirements related to safety shall he cause for
immediate suspension. The suspension will remain in effecl untillhe period of
suspension is completed and the CliP has conducted an inspection and concluded
the operator is in compliance.
E. A violation of the GV\VR and safe loading requirements of a tow truck may be
cause for immediate suspension. This includes exceeding the low truck's (iVWR,
front <!xle weighl rating, rear axle weight rating, maximum tire weight ratings, or
not maintaining 50 pcrccnr of the tO\\ truck's unladen front dxle \Ieir;ht on ti~e
frunt axle when in [Ow.
r. r\ liolation 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 operJtor has presr.nted proof to the CHP thJt
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, emplo) .:es, or associates of tile company.
A violation of this section shall be cause for suspension or tenninatiol1.
H. Any unsatisfactory raling based upon any safety violation of the Biennial
Inspection of Terminals (BIT) Program shall be cause lor suspension. The
suspension will remain in effect U1ltilthe period of suspension is completed and
the operator has presented proof of compliance with the BIT requirements. Any
unsatisfactory rating may be cause for suspension. failure of the operator to
SJtisfy a court order mandating reimbursement to the vehicle or propelt:< owner
for the dJmage or loss which occurred II hile Ih.: vehicle was in the operJtor's
custody will result in a suspension. The suspension will remain in effect until the
perloG Oi ,uspensic:J IS completea anJ ine uperaror IlJS presellied proof of the
re imbursel11ent.
2005- 2006 TSA 9819
18 or~.:
~~__.'."_ 'H.' '_"C.
L Failure orlhe operalOr to ((Imply Ilith the inspection requirements oflhis TSA
will result in a suspension. The suspension will remain in effect until the period
of suspension is completed and the oper3tor has complied II Ilh 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 qual it-led 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:lnce
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 commander.
rv1. [fthe operator is serving a suspension for one ycar or more, the operator shall be
required to comply with all terms and conditions oflhe current TSA at the time of
the reinstatement. There will be nc approval of equipment that is not in
compliance with the equipmcnt specifications contained in the TSA at the time of
reinstatement.
19. TERMS OF DISCIPLINARY ACTION
A. Excepl as specifically stated in the TS/\, minor violations orthe terms and
conditions of thc TSA may be cause for disciplinary 2ction in the following
manner:
I. first violation within a 12 month period - letter ofwritlen reprimand.
') Second violation within a 12 month period - 1 to 3D-Jay SU5pension
J. Third violation within a 12 month period - 60 to 90-day suspension.
-l. Fourth violation within a 12 month period - termination of tile TS/\.,
Note: In lieu ofterminatioil. the CHP mal' impose additional suspensions
for longer periods. if deemed appropriate.
2005-2006 TSA 9819
1901"22
-'~~"(Af<?<~< <
~<<
<<"-,,<<~"<<< ~ <
B Vioi:lIions ot"the terms and conditions ot"the TSA that are subject to suspension
for the first violation are categorized as major violations< Any subsequent or
continuing major violation may be C:lUse for termlnation<
I When considering punitive action t"or a major violation of the TSA, In
Area commander may take into consideration all major and miner
violations thot occurred wilhlO 36 months prior to the date of the current
violation
2< Termination shall be invoked if, in the CHP'sjudgment. continued
participation in the Rotation Tow Program by the affected tow operator
ma)' result in a hazard to public safety and/or welfare, or the operator has
been convicted of a crime listed in Element ISC.
C Nothing herein shall be deemed to prohibit the CHP from immediately
suspending any operator or employee whose conduct. in the opinion ot"the Area
commander, is deemed to be a danger to lhe mototlOg public or who has engaged
in conduct constituting a flagrant violation oflhe T5A<
20, HEARING/APPEAL
A< In the event the CHP serves the operator with disciplinary action, the oper.ltor
may request a hearing within seven calendar days by submitting a request in
writing to the Area commanda< If a hearing is requested, it shnll be held as soon
as prnr:ticable< The hearing shall be conducted by the Area commander or
designee, and the operator shall be entitled to present all relevant facts ilI1d
circumstances in support of the operator's position< The operator shall be: further
entitled to present testimony of at lenst one qualified person< The operator shall
be notified in writing orthe Area com'nandcr's decision(s) within ten business
d:1Ys of the date of completion ot the healing<
B< Following a hearing, ilthe operator is dissatisfied with the Area commander's
decision(s), the operator may appeal by submitting a request in writing to the CHP
Division commJnder v"ithin seven calendar c1ays< 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) 0 f the Division cummander within ten business day s of the date of the
appeaL The Division commanders deClSionts) snail be: subject to no further
administrati\ e Jooeal
C. A suspension shall not ta~c effectlJntil the hearing and appeal process has been
e,\hJusted, 1\ ith the e\ceptioll of operators 1\ hose condllct is deemed to be a
2005.2006 TSA 9819
20 of 22
~F'l'T'C
'. ~
"'7
,-
,.".
d,mger to the motoring public or who continue to violate the t<:nms and conditions
of this TSA, lfan 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 CHP Area commander shall be final anj the suspension shall wkc effect
upon written noti ficalion to the operator by the Area cOMmander.
21. MlDTER.\1 REY1EW
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 conclitions or law affecting the majority of the operators
within an Area or the CHP.
U. A midterm review, when granted by the Commissioner or designee, v. ill not
automatically authorize a change in the terms and conditions of the TSA I f a
midterm review is announced by the Comm issioner or designee, it is the
responsibility of the affected Area commander to conduct a revie'" of the
conditions which initially caused the request to be communicated and to
determine if the change is justified.
21, ADVERTISING
The operator shall not display any sign or engage in any advertisement Indicating an
official or u!lofficial connection with the CHI' or the Depal1mcnt of Motor Vehicles.
23. C ANCELLA TION
This TSA may be canceled by either party by giving written nut ice to the other pJrry.
2005-2006 TSA 9819
n of22
_"~"_'"~'~~'''~''C' "'"'W'IT""" "",,,, '",we
'_",,'W'_~"
2-t OPERATOR APPROVAL
I cenlfy th.:lt all drivers operating under this Tow Service Agreement (TSA) are qualified and
competent. I further certify that I have read and understand this TSA <:md agree to abide by all
the prov is ions" I further agree to indemnify, defend. and S.:lve harmless the state, its officers,
agents. and employees from any and all claims and losses accruing or resulting to the operator in
conllection with lhe performance of the TSA. and from any and all claims and losses accruing or
resulting to any person. firm, or corporation Ivho may 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 oflhis 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
effective:
and end
Date
Date
I"
Oreralur Approv,'1
Signature
T) ped Name
Company
T"',-~_r"
Phone Number
Business Address
2005.2006 TSA 9819
n ofn
EXIDBIT 3
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) SS
CITY OF SAN BERNARDINO )
I, RACHEL G. CLARK, City Clerk in and for the City of San Bernardino, DO
HEREBY CERTIFY that the foregoing and attached copies of Resolution No. 1999-86, the
Agreement for Tow Services by and between the City of San Bernardino and Wilson
Towing LLC, and the Agreement for Tow Services by and between the City of San
Bernardino and Big "Z" Autoworks, 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 15th day of June, 2005.
GuLl~4. {\JnJ. J
Rachel G. Clark, City Clerk "
~J,,-;//i~AA.d ;;
By: Linda Sutherland
Deputy City Clerk
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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 ESTABLlSIUNG
STANDARD CRITERIA FOR COMPANIES TO PROVIDE TOW SERVICES FOR
THE CITY OF SAN BERNARDINO.
BE ITRESOL VED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
3
4
5
6
SECTION 1. Resolution No. 98-195 establishing standard criteria for companies to
7
provide tow services is hereby repealed.
8
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
L
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
deparbnent.
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
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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~ded 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
H.
Furnish each owner with a fully itemized billing.
15
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
1.
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
~ -VT"~cC""'" c c"c7",,,~,,,,,,,,,,,,,,,,.~_.'~.~~,""C~" . . -,.....~",.._". 'a.' "~~.~_..^'_" d,~..." ..."""""''M._''~_''''''_''''W_'',7F_''''_
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
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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 (SI0) 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::","~,,,,,;,,o_ _.">c_o' '!.::d''-';'''','''''.''''-'''';''''.'.''-'''''_, ~'U""'-""'~':m;'!F,V=~_,%" __~~"'=".~
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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
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 will 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
""'<;'1 "'17'1'1''''''''' """"''''''CK"'~"'''~f''''''!lfr''''''''''''''rl1'l:?''''''''''''P'''~~' """""~"'~-'c:r'~~""T'""'>v,,-~~, -",.. "'''''"''f """'~"""""""'"'~-~"""""-r"''''-''''''''''Jif'' ". .
"
.
. 1999-86
1 RESOLUTION TO REPEAL RESOLUTION 98-195 AND AGREEMENT FOR TOW
SERVICES.
2 I BBRBBY CBR.'l'In that the foregoing r_olution __ dUly adopted by the
Mayor and ~n COuncil of the City of San BernardiDo at a joint regular
3 IleetillCJ thereof, held on the 17th day of May, 1999, by the fo11owiDq vote, wit:
COUNCIL MEMBERS: AYES NAYS ABSENT ABSTAIN
4
5
ESTRADA ....L-
LIEN X
-
MCGINNIS x
SCHNETZ X
DEVLIN x
ANDERSON x
x
MILLER
~~. ~
CITY CLERK
6
7
8
9
10
11
12
13
14
15
The foregoing resolution is hereby approved thi~Ohway ofMaY
. 1999.
16
17
18
19
20
21 Approved as to
Form and legal content:
22
23
24
JAMES F. PENMAN
City Attorney
25
6
,()~
EXIDBIT 4
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\
1999-86 Big "Z" Autoworks
1 AGREEMENT FOR TOW SERVICES
2 THIS AGREEMENT FOR TOW SERVICES entered into this 17 tk day of
3
~A.'I
1999, by and between the City of San Bernardino ("City") and Big "Z" Autoworks
4 (''Towing Carrier'') shall become effective July 1, 1999
5
6 The parties hereto agree as follows:
7
1.
Towing Carrier hereby agrees to provide tow services to the City of San
B Bernardino pursuant to the terms and conditions contained in this Agreement.
9
2.
Towing Carrier shall:
10
A.
Have a minimum storage space for 200 vehicles with a minimum of
11 twelve inside spaces; outside storage lots must be adequately lighted.
12
B.
Have an attendant on call twenty-four (24) hours a day, seven days a week
13 at place of business.
14
C.
Have no more than two telephone numbers listed with any City
15 department.
16
D.
Store towed vehicles in a safe and protected space where the vehicles and
17 their contents will not be accessible to thieves nor be damaged by activity in the carrier
1 B establishment or from the elements or by vandals; no vehicles shall be left parked or stored on
19 the public streets at anytime; in no event shall the city be liable for any theft, vandalism or
20 damage occurring to any such vehicle or is contents.
21
E.
Post a tag on the windshield on all cars ordered impounded by a City
22 department.
23
F.
Collect all towing or hauling and storage charges on each vehicle from the
24 owner; in no event shall the city be liable for any such charge.
25
1
-- ._""'U"'FW,~_",,"__~_'-'o"~'~_~,=_~ - ",_----
~,~, ~~ '. ,~~~if~f_0WJJ,l'~~'II___
,
Big .Z.
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 tile
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.
8 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 1. Comply with all rules, regulations and laws of the State of California,
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
"-=""~"~'-'""'"'""'""'~~-"~~---'n- .-
'~r'-'~"-"" ", ...... .,,-.-'---
.~Ii"",p~t"&'~"l:~~"~~,,..,_..._
--::I -
'1999-86
1 shall be named as an additional insured on all policies including the workers compensation
2 policies. Tow carriers shall provide an endorsement to each policy showing the City as an
3 additional insured.
4 Q. Tow vehicles shall be rated at a minimum of14000 GVW.
5 3. Towing Carrier shall give or cause to be given written notice to the registered and
6 legal owners of each vehicle which is towed in conformity with authorization and requirements
7 of this Agreement concerning the fact of such towing, the place at which such vehicle is stored
8 and the imposition of charges for towing, storage and related services whenever the towing
9 carrier knows or is able to ascertain from the registration records in the vehicle or from the
10 registration records oCthe Department of Motor Vehicles the name and address of the registered
11 and legal owners. The notice shall be given not more than ten (10) days from the date of the
12 towing of the vehicle by the towing carrier.
13 4. Every tow tlUck of towing carrier which is subject to the provisions of this
14 Agreement and which by virtue of this Agreement responds to calls for service by the City, shall
15 be clearly marked on both sides of the cab with the name and telephone number of towing
16 carrier.
17 S. Any agreement entered into pursuant to the terms of this resolution may be
18 terminated by either party, without prejudice, upon thirty (30) days written notice to the other
19 party.
20
21
22
23
24
25
6. Towing Carrier shall be dispatched to tow calls 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
:'~~-r""''"-:' "T_""""."""~~.,'A.%~.w.,,~'!!~h"'l'i:~'F=.E~"'=- "~-'~'6.~ -,~. i!<l~c!'_"'--""""''''~-
"~~''''''''':>'i~J''''I'~o ...,.~.'~H",,~M . .",._ ., ",.-"...-,-,-,_..=_.___~~J!!"!'i%l'i::;,f"~'''j''~;''.-'"::c.,,'t.''''''''~. _~"'_".
\,
Big .Z.
, 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
8. Tow Carrier shall charge for services on calls by the City, in an amount not to
exceed ten dollars ($ 1 0) above the hourly rate set forth by the California Highway Patrol. The
minimum charge for services shall not exceed one (1) hour.
9. Standby time for tow trucks will begin one (1) hour after receipt of calls from the
City and is defined to mean the time consumed after the first hour in necessary preparations in
order to tow the disabled vehicle and in cleaning up the immediate surrounding area.
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 524,000 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 of any
change in the amount to be paid to the City.
4
~v-!!!I"'''';"f"'''''f~''~W''''-~~~'"'''"1'''"'T-='}'' .~ '1~~'''rr 'T"~" "''''''''~'" ,""""___""'f"''i''^,'''''''''''-
Big .Z.
~
1999-86
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 Big "Z" Autoworks.
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:
Big "Z" Autoworks
274 N. "I" 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
""""""",,,,,"'~e"',<i!i'~~<P.;'''''''''Y<'''~~~'=~___'''''''-''''''''''''~ _.-
i
1999-86
-.. '- ..
F.>i'"fI!n'IIJ'-~~~~."~:!c~"Hil1~~"""-=<ili'5~"'''~''~\''_;;OJ:5;_,;-:,,''''''''_
Big .Z.
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
2 and date first above shown.
3
4
5
6
7 Attest:
8 BY:~ kJ. c.~
9
10
11
12 Approved as to Form
13 and Legal Content:
14
James F. Penman,
15 City Attorney
16 .fJ~
By:
17
18
19
20
21
22
23
24
25
CITY OF SAN BERNARDINO
Big "Z" Autoworks
B~?JDJat
6
EXIDBIT 5
. >~.c., " .. . .."""~~".,,,,,..~,~.,. .... ..~,
"_."~~"~~'"";~P!!"""'''''r..
'."...."....., , '
,~;~-,="""...
POLICE DEPARTMENT
i \ I:. \ GARRETI W. ZIMMON - CHIEF OF POUCE
c.-:. AF'
..",
('
~ P.O. Box 155~. San Bernardino. CA 92402-1559
909.384.5742
www.sbcity.org
June 3, 2005
Big Z Towing Company
274 N. I 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 you 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,
Garrett W. Zimmon, Chief of Police
"
L;lltvlJ!-j~y
Michael Billdt, Assistant Chief of Police
/ss
LEADERS IN SETfING TIlE STANDARD OF EXCELLENCE
EXHIBIT 6
~~,"'W#""""-"""'8''"''=-' i<~ '.. C'_ =.;::'cc'-'r"""'"C:'<1''''''~,'!'''!ifu7':':i>~}.'1;.''''~'''''>~Wti''''n.,,",'''~'''''~-~",,~.,,-- -"""";,'''''''''"1!\M~'''''~,F'''''-' ..~C'. .. .~
-." - -."
"".~"C . "..
.....,....1-"..':"',"'.7"""0=;'
Law Offices
of
\. "
V
J. PATRICK RAGAN
Mailing Address:
Post Office Box 5761
San Bernardino, CA 92412
.1. PATRICK RAGAN
1881 S. Business Center Drive, Suite 7B
San Bernardino, California 92408
Telephone (909) 890-4039
Telefax (909) 890-4069
June 9,2005
(::)
HAND DELIVERED
, .. ._.~
Mr. Bob Simmons,
Deputy City Attorney
Office of San Bernardino City Attorney
300 North "0" Street, Sixth Floor
San Bernardino, California 92401
C'-l
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 WILSON 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 CorporaJion
Emphasizing in Matters RelaJed to Business, Real Estate
~~>-~q>,-- ", ' "~-"';wm~">"c" w'. '""Y'f'>" "~,^mT ',TI, .
"
,..' . ,,"n.
...,~.,,~.-
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, statu!e, or ordinance and any and all
civil remedies, both legal and squity.
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, Tocher v. City of Santa Ana (2000, 9 th Cir.) 219 F. 3d 1040 and Tillison
v. City of San Dieqo (2005,9 th Cir.) 406 F. 3d 1126 which is pending a motion
for en banc 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 Mallers Related to Business, Real Estate
",
" ~
'" 'M ," "~,,',,' _ " ",''',' , n
, 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,
sa.
JPR:js
cc: clients
cc: Michael P. McGovern, Esq.
A Professional CorporaJion
Emphasizing in MaJters RelaJed to Business, Real EstaJe
I ~ _ '7"'_ ~ "____a_.._...:__ ,_.1....*_.
EXHIBIT 7
1T"'li"'[j~~' .
o"~'''''''''''"''''''rY''''"'''''''''''''"'''l''~~~'~~' ,-," ., ,''','~ ."
_.~. .. ",' , 'I . . ...~. f ',"""~T-
, '.'p, " ,~
POLICE DEPARTMENT
GARRETT W. Zl.\-~IO~ - CIIIEF OF POLICE
PO Box 1559' San Bernardmo . CA 92402-1 :'\59
909.384.5742
www.sbcllyorg
s.
June 10,2005
VIA PERSONAL DELIVERY & U.S. MAIL
Big Z Towing Company
272 N. "]" Street
San Bernardino, CA 92410
Re: Tow Service Agreement with City of San Bernardino
Gentlemen:
Please be advised that the telll1ination of the Tow Service Agreement has been stayed. Your
company will be reinstated to the City Tow rotation immediately. However, the termination 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 Billdt, Assistant Chief of Police
RLS/Cj[TQWlI1gBlgZ. LtT J
T ". ""DC "" '-"""TlNe: 'rUT.' ~'r" Nn" Rn Of;' RXCELLENCE
EXHIBIT 8
~-Tllr'y, .~c I
C c'C'CC""".~."_"!'i'"'__C""c,"_,_~","'" CC l' r IIK",ry"""-,,,,,,"""" ".,' ,"u~u, I'n' . ,',"" ,c c,',' '-"c;I ",'
i. l ! "'~_~".2,"C';":i'
~
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
8M
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.
Jadw &~
City Clerk
City of San Bernardino
By:~ ~
De y
CITY OF SAN BERNARDINO
AnoPTRn SHARRn VAUJR'l: Tntelrritv. ACCollntahilitv. Resnect for Human Dilmitv. Honestv
<-'i -T"""'~"'"''''k;'h'm<'''~~_!>-"'ltlf''''~-~<~
Time
Dale
11 :30:14AM
6/15/2005
<-~ _ _~" o_<~<_-<
City of San Bernardino
Account Details Report
"'~?l-'~-"~""~""'~~~"~~""i"i''-'-.":rn.~~'''-';o"~''''''''''F,.",~.~,"?""''"~''''''''''t""",,-~~:
Page
Account Number
21715
Business Name
BIG Z AUTO WORKS, INC
Business Address
274 N I ST
SAN BERNARDINO, CA 92410-1841
Mailing Address
274 N I ST
SAN BERNARDINO, CA 92410-1841
SIC FEIN Expiration Date
811111 12/3112005
BEAN SEIN License Issued Da
099-229994 3/1412005
PARCEL CORPORATE 10 Start Date
CA C1849389 1/1/1985
EMPLOYEES CONTRACTOR EXP Cease Date
27
DOB DL#
06/27/52
PHONE
Business Phone
(909)889-9655
Status
21432132
Current Balance
$ 0.00
Location Code
License Frequency
A
Business Type
B260
Business Subtype
o
Contractor Number
Contact Code Info 2 Contact Name
Extra Info
Contact Address
01
DL#
Contact Code
Contact Name
BIG Z AUTO WORKS, INC
Contact Address
13692 MORNINGSIDE DR
YUCAIPA, CA 92399-9646
DOB
PHONE
Business
Home
(909)889-9655
(909)797-7360
Contact Code Info 3 Contact Name
Extra Info
Contact Address
DOB
DL#
CA A0083764
PHONE
OIlir.kRANA SlIitA
l".tVft'IIlIIfaaMAtAild.An1 nstO&f.>M~
~-~~;~~'X"^';:':""",~'>,:,,';<;J<V~~~'~"~;'I~~f'_""'._.~~.~:.~r~'_'"'___ '~"~"-T"'~"'~"'''''-''__''''''''''''''"'-'''''T'-''''-<~W~ll<,~""~:1li7E..,, .____",.;;ll~~~~~~>~~'\jj!~~~~-Sy"r:"{t;".~..,:r::;.';~li"~~,.,~__
Time
Date
11 :30:14AM
6/15/2005
City of San Bernardino
Account Details Report
Page 2
Payment History
PAYTYPE POSTDATE AMOUNT CHECK # NOTES
Check 02/01/2005 $1,335.20 11091 na
Check 02/13/2004 $335.21 10357 na
Check 12/01/2003 $459.02
Check 07/29/2003 $306.01
Check 04/23/2003 $306.01
Check 02/04/2003 $306.00
Check 10/24/2002 $292.80
Check 07/23/2002 $292.80
Check 04/30/2002 $292.80
Check 02/01/2002 $292.80
Check 1 0/29/2001 $269.81
Check 06/28/2001 $269.81
Check 03/28/2001 $269.81
Check 02/02/2001 $269.81
Check 10/20/2000 $210.33
Check 07/1712000 $210.33
Check 05/02/2000 $210.33
Check 02/02/2000 $210.33
Check 11/02/1999 $180.04
Check 07/30/1999 $180.04
Check 05/03/1999 $180.04
Check 02/01/1999 $180.04
Check 11/16/1998 $226.36
Check 07/01/1998 $150.91
Check 05/05/1998 $150.91
Check 02/04/1998 $150.91
Check 02/03/1997 $200.31
Check 10/29/1996 $223.45
Check 07/19/1996 $223.45
Check OS/28/1996 $335.18
Check 02/02/1996 $223.45
Check 11/02/1995 $217.42
Check 07/27/1995 $217.42
Check 04/28/1995 $217.42
Check 02/02/1995 $217.42
Check 11/03/1994 $217.63
Check 07/19/1994 $217.63
Check 04/21/1994 $217.63
Check 02/02/1994 $217.63
Check 10/28/1993 $222.80
Check 07/29/1993 $222.80
Check 04/26/1993 $222.80
Check 02/02/1993 $222.80
Check 10/29/1992 $135.10
Check 07/23/1992 $135.10
Check 04/1711992 $135.10
Check 02/05/1992 $135.10
Check 10/17/1991 $135.74
Check 07/12/1991 $135.74
Check 04/11/1991 $135.74
Check 02/04/1991 $135.74
Check 10/16/1990 $145.96
Check 07/18/1990 $145.96
Check 04/12/1990 $145.96
Check 02/01/1990 $145.96
Check 10/12/1989 $134.90
Check 07/10/1989 $134.90
Check 04/18/1989 $134.90
Check 02/02/1989 $134.90
Qulckserve Suite
mmrlIIRtMcdlltAildJuJl 0510512003
1\=1':T"n"~""""""""'W~""imIlJ~
CC"-^-'~~~r=~-=~~~~T''f'''"7'..."""."",.""""",;lj'i~''''-'Y'~"''''I'l''''''.l1i
Time
Dalll
.
11:30:14AM
'6115/2005
City of San Bernardino
Account Details Report
Page 3
10/13/1988
07/19/1988
$130.42
$130.42
NOTES
Entered
Entered By
Quickserve Suite
COI11lIeteacdetalls4sal 0510512OO3
EXHmIT 9
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'-I,;f'tt"~.'W',,~
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 Big Z
5 Autoworks had changed ownership.
6
3.
I ordered copies of the Business Registration Certificate information for Big Z
7 Autoworks 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
6.
7.
The Report on Big Z Autoworks disclosed no change of ownership.
On or about April 25, 2005, I received a telephone message to call Jason Desjardins.
12 On or about the same date, I spoke to Mr. Desjardins who confirmed that he is the new owner of Big
13 Z Autoworks. Mr. Desjardins said he purchased the corporation that operates Big Z Autoworks and
14 he was unaware that a new Business Registration Certificate needed to be issued if there is a change
15 in control of corporation or change in ownership of more than 50% of the voting stock of the
16 corporation.
17 I declare under penalty of perjury that the foregoing is true and correct.
18 Executed on June 16,2005 at San Bernardino, California.
19
20
21
22
23
24
25
26
27
28
~A
)
'.---y
Robert L. Simmons
Sr. Assistant City Attorney
_:f:'"'7"",,''j'''''C''-~=":7~''!,'''''''',cil "," :\r;I"~- 'Y'-~'f-"-~'~"""'~=-' ,-
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
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 Agreementbetween
the City of San Bernardino and Big Z 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
Big Z Towing Company 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.C&vk-
Rachel G. Clark, CMC
City Clerk
RGC:lls
cc: Robert L. Simmons, Sr. Assistant City Attorney
Big Z Auto Works, Inc., 274 N. "I" Street, San Bernardino, CA 92410-1841
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Intes:rity. Accountability. Respect for Human Dignity. Honesty
:.~c~::'j:j'::I~'="""'_~:'lf '="[o!!lm""'-17f T ---,-~~ <<
Time
Date
11:42:31AM
7/512005
City of San Bernardino
Account Details Report
Page
21715
Busln... Name
BIG Z AUTO WORKS, INC
Busine.. Address
Account Number
Buslne.. Phone
(909)889-9655
Status
21432132
Current Balance
$ 0.00
Business Type
B260
Business Subtype
o
Mailing Address
274 N I ST
SAN BERNARDINO. CA 92410-1841
SIC FEIN Expiration Date
811111 12/3112005
BEAN SEIN License Issued Da
099-229994 3/14/2005
PARCEL CORPORATE 10 Start Date
CA C1849389 1/1/1985
EMPLOYEES CONTRACTOR EXP Cease Date
27
DOB DL#
06/27/52
PHONE
274 N I ST
SAN BERNARDINO, CA 92410-1841
Location Code
License Frequency
A
Contractor Number
Contact Code Info 2 Contact Name
Extra Info
Contact Address
Contact Code
01
Contact Name
BIG Z AUTO WORKS. INC
Contact Address
13692 MORNINGSIDE DR
YUCAIPA, CA 92399-9646
DOB
DL#
PHONE
Business
Home
(909)889-9655
(909)797-7360
Contact Code Info 3 Contact Name
Extra Info
Contact Address
DOB
DL#
CA A0083764
PHONE
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Time
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City of San Bernardino
Account Details Report
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Page
Business Name
BIG Z AUTO WORKS, INC
Business Address
Account Number
21C
274 N I ST
SAN BERNARDINO, CA 92410-1841
Mailing Address
274 N I ST
SAN BERNARDINO, CA 92410-1841
SIC FEIN expiration Date
811111 12/31/2005
BEAN SEIN License Issued Da
099-229994 3/1412005
PARCEL CORPORATE 10 Start Date
CA C1849389 1/1/1985
EMPLOYEES CONTRACTOR EXP Cease Date
27
DOB DL#
06/27/52
PHONE
Business Phone
(909)889-9655
Status
21432132
Current Balance
$ 0.00
Location Code
License Frequency
A
Business Type
B260
Business Subtype
o
Contractor Number
Contact Code Info 2 Contact Name
Extra Info
Contact Address
Contact Code 01
DL#
Contact Name
BIG Z AUTO WORKS, INC
Contact Address
13692 MORNINGSIDE DR
YUCAIPA, CA 92399-9646
coOcode Info 3
DOB
PHONE
Business
Home
(909)889-9655
(909)797-7360
o
1"\......L...........ft.~..I..,.
Contact Name
Extra Info
Contact Address
DOB
DL#
CA A0083764
PHONE
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Stale ofCaDromJa--BusJn T~tIaon and HousIng A/JtItIC'/
DEPARTMENT OF CAUFORNlAHIGHWAY PATROL
San Bernardlno.Area .... .. -
2211 W....... Ave.
~Bemardlno. CA. 92411
(909) 383-4247 .r"""
(SOD) 731-2928 (TTf1'DD)
(800) 735-2922 (Voice)
,
ARNOLD SCHWARZENEGGER, Governor
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June 24, 2005
File No.: 860.15541.HIDATAlSPBC/VINILEITERS
BigZAutoWorkS .;....
274 N "I" Street
San Bernardino, Ca 92401
'.
Tow manager. ".,..
.
Congratulation$, yOu have been approved to participate in the 200512006 tow rotation
for the Califomia Highway Patrol San Bernardino Area. Rate changes will take place on
July 01, 2005. If you have any questions, please contact Officer John Nogues at (909)
t' 383-4247.
Sincerely,
-
~~..
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raJJ /Nt-
. E. SZABO, Captain
Commander
San Bernardino Area
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City Clerk,CDC Seey
City of San Bernard_
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