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HomeMy WebLinkAbout27-City Attorney ORIG!NAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES F. PENMAN City Attorney Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Repealing Resolution No. 99-86 and Establishing Standard Criteria for Towing Carriers to Provide Tow Services for the City of San Bernardino, Review Status of Interim Towing Carriers Dept: CITY ATTORNEY Date: August 11,2005 Synopsis of Previous Council Action: July 25,2005: Police Ad Hoc Committee recommended the Resolution for approval. July 05,2005: The Mayor and Common Council designated Wilson Towing, L.L.c. and Big Z Autoworks, Inc., as interim towing carriers. Oct. 1,2001: Hayes Towing was added to the towing rotation as an interim towing carrier. May 17, 1999: Resolution 1999-98 establishing standard criteria for towing carriers was adopted and Resolution 1998-195 was repealed. July 6, 1998: Resolution 1999-86 establishing standard criteria for towing carrier was adopted and Resolution 1995-241 was repealed. July 10, 1995: Resolution 95-241 establishing standard criteria for tow services was adopted. Recommended motion: That said Resolution be adopted. o !e-~ Contact person: James F. Penman Phone: 5255 Supporting data attached: Staff Report Ward: All FUNDING REQUIREMENTS: Amount: None at this time Source: Finance: Council Notes: ~?' )-{){l s-- ~ g ~ Agenda Item No. ~7 'fll~/o~ STAFF REPORT Council Meeting Date: August 15, 2005 TO: FROM: DATE: AGENDA: Mayor and Common Council City Attorney's Office August 12, 2005 Resolution of the Mayor and Common Council of the City of San Bernardino Repealing Resolution No. 99-86 and Establishing Standard Criteria for Towing Carriers to Provide Tow Services for the City of San Bernardino. In 2001 and 2002, the City took steps to revise and upgrade its criteria for selecting towing carriers for its tow rotation. The process was revived in 2005. The Police Ad Hoc Committee directed the Police Department and the City Attorney's office to review existing documents, consisting of Resolution 1999-86 and towing contracts, and make recommendations for future action. The Police Department prepared towing criteria for new carriers joining the City's towing rotation after the effecti ve date of this Resolution. The City Attorney's office prepared a Resolution incorporating the Police Department's recommendations. The Police Ad Hoc Committee held several meetings to review the content of the new resolution and criteria recommended by the Police Department. Several revisions were made. Two meetings were held in which all of the towing carriers within the City of San Bernardino were invited. Numerous towing carriers attended the meetings and provided oral and written comments. The Police Ad Hoc Committee then reviewed the comments of the towing carriers and in some cases incorporated the comments into a revised Resolution. The Police Ad Hoc Committee also considered comments and complaints received from citizens of San Bernardino. The Resolution before the Mayor and Common Council reflects input from the Police Department, towing carriers, citizens, other staff members and the committee members. Prior resolutions setting the criteria for towing carriers on the City's towing rotation incorporated the contents of the most recent Tow Services Agreement (TSA) used by the California Highway Patrol. The proposed Resolution is a complete document. Portions of the TSA have been included verbatim in the accompanying resolution. Other portions of the TSA were modified and included. There are several other revisions in the accompanying resolution. Current towing carriers on the rotation are grandfathered under existing criteria. New tow carriers who join the rotation after the effective date of the accompanying resolution must follow new and, in some cases, more stringent criteria. A list of rights of owners of towed vehicles has been incorporated and must be posted in towing carriers' offices. If a vehicle is not released after the owner has performed all required obligations for release, storage charges cease that date. Stronger language has been added RLS/js [Towing\Towing.Staff.Report] Staff Report - Council Meeting: August 15, 2005 Re: Resolution of the Mayor and Common Council of the City of San Bernardino Repealing Resolution No. 99-86 and Establishing Standard Criteria for Towing Carriers to Provide Tow Services for the City of San Bernardino. Page 2 on types of payment to be accepted, including all guaranteed form of payment and credit cards. The Police Chief is allowed to appoint an interim towing carrier for up to 60 days to fill a vacancy to give the City time to process applications from interested towing carriers. Response times of the carriers have been specified. If vehicle registration is unavailable, the towing carrier now has the obligation to obtain this information from the Department of Motor Vehicles as soon as possible. Change of ownership of the tow company, which will trigger termination of an existing contract, is clearly defined by incorporating relevant portions of the Municipal Code. Notice to the City of a change of ownership is required within 7 days of the change and incentives are added to encourage this. Towing carrier appeal rights are more clearly defined. Proposed model contracts based upon the accompanying resolution are attached. The contracts include the terms of the resolution, but also state that if the resolution is amended the towing carriers must comply with the amendments. On July 25, 2005, the Police Ad Hoc Committee made its final change and unanimously recommended approval by the Mayor and Common Council. Finally, there are three interim towing carriers on the City's towing rotation: Hayes Towing, Wilson Towing, LLC, and Big Z Autoworks, Inc. Hayes is an interim carrier through its contract with the City. Wilson and Big Z were designated interim carriers at the appeals hearing conducted by the Mayor and Common Council on July 5, 2005. Each of the towing carriers' status as an interim carrier expires when this resolution is adopted. The Police Ad Hoc Committee did not make a recommendation on this issue. If no further action is taken, there will be three openings on the City's tow rotation. RLS/js [TowingITowing.StaffReport] Staff Report - Council Meeting: August 15, 2005 Re: Resolution of tbe Mayor and Common Council of tbe City of San Bernardino Repealing Resolution No. 99-86 and Establishing Standard Criteria for Towing Carriers to Provide Tow Services for the City of San Bernardino. Page 2 obligations for release, storage charges cease that date. Stronger language has been added on types of payment to be accepted, including all guaranteed fonn of payment and credit cards. The Police Chief is allowed to appoint an interim towing carrier for up to 60 days to fill a vacancy to give the City time to process applications from interested towing carriers. Response times of the carriers have been specified. If vehicle registration is unavailable, the towing carrier now has the obligation to obtain this infonnation from the Department of Motor Vehicles as soon as possible. Change of ownership of the tow company, which will trigger termination of an existing contract, is clearly defined by incorporating relevant portions of the Municipal Code. Notice to the City of a change of ownership is required within 7 days of the change and incentives are added to encourage this. Towing carrier appeal rights are more clearly defined. Proposed model contracts based upon the accompanying resolution are attached. The contracts include the tenns of the resolution, but also state that if the resolution is amended the towing carriers must comply with the amendments. On July 25, 2005, the Police Ad Hoc Committee made its final change and unanimously recommended approval by the Mayor and Common Council. Finally, there are three interim towing carriers on the City's towing rotation: Hayes Towing, Wilson Towing, LLC, and Big Z Autoworks, Inc. Hayes is an interim carrier through its contract with the City. Wilson and Big Z were designated interim carriers at the appeals hearing conducted by the Mayor and Common Council on July 5, 2005. Each of the towing carriers' status as an interim carrier expires when this resolution is adopted. The Police Ad Hoc Committee did not make made a recommendation to grandfather the interim carriers on this issue. If this Reso is adopted all six rotations will be held by current tow carriers. both permanent and interim. no further ac.tioh is taken, there ""ill be thtee openings on the. City's tow rotation. Fnt!'rl!l! into Record at /, J~5 . "mvOevCms Mta: _i 5 u -~ 1 Item _ ~A~ J..7 RLS/js [TowingITowing.Sta1fReport] ~1~.~ City Clerk/COC Secy City of Sail Bernardino RESOLUTION NO. CC~fPr ') RESOU'TION OF THE MAYOR A:\'D COMMON COl:NCIL OF THE CITY OF SA:\' BERNARDINO REPEALING RESOLUTION NO. 99-86 AND EST ABLISHING 3 ST ANDARD CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF SAN BERNARDINO. 4 5 BE IT RESOL VED BY THE MA YOR AND COMMON COUNCIL OF THE CITY OF SAN BERi"lARDINO AS FOLLOWS: 6 SECTION 1. Resolution No. 99-86 establishing standard criteria for towing carriers to 7 provide tow services is hereby repealed. 8 9 SECTION 2. Recitals. WHEREAS, the City needs to maintain an orderly system for City-initiated towing of 10 II vehicles within the City; WHEREAS, the City wishes to ensure the efficient and safe procurement of these towing 12 services through a rotational system; 13 WHEREAS, limiting the number of towing carriers on the rotational list will serve to 14 clarify responsibility, minimize administrative confusion and allow for setting and supervising 15 16 17 18 19 quality standards, as well as minimizing the unsafe practice of "chasing;" WHEREAS, requiring vendors on the rotational tow list to maintain a tow yard within the City limits will promote the safe and efficient rendition of services by reducing out-of-jurisdiction time by police officers, by not requiring citizens to travel to unfamiliar locations to retrieve their vehicles and will allow the San Bernardino Police Department to better monitor compliance with 20 requirements placed on vendors. 21 22 SECTION 3. This Resolution applies only to non-consensual tows of vehicles initiated by the City. Towing Carriers providing tow services for the City of San Bernardino shall first enter into an agreement with the City of San Bernardino granting a non-exclusive franchise agreement, 23 24 which shall include, but shall not be limited to, the following terms and conditions: 25 26 EXISTING TOWING CARRIER REQUIREMENTS: 27 I. Every towing carrier currently on the tow rotation shall meet the following minimum requirements: 28 RLS/js [TO\~Jng\To\\'lng_Re~j August 8. 2005 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD '1 CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF SAN BERNARDINO. 3 4 A. Have a minimum storage space for 200 vehicles with a minimum of twelve inside spaces; outside storage lots must be adequately lighted. (Requirement for carrier currently 5 on the rotation); 6 B. 7 at place of business; 8 C. 9 D. 10 Have an attendant on call twenty-four (24) hours a day, seven days a week 11 Have no more than two telephone numbers listed with any City department; Store towed vehicles in a safe and protected space where the vehicles and their contents will not be accessible to thieves nor be damaged by activity in the towing carrier's establishment or from the elements or by vandals; no vehicles shall be left parked or stored on the public streets at anytime; in no event shall the city be liable for any theft, vandalism or damage 12 13 14 occurring to any such vehicle or its contents; 15 E. Post a tag on the windshield on all cars ordered impounded by the City; F. Collect all towing or hauling and storage charges on each vehicle from the owner; in no event shall the city be liable for any such charge; 16 17 18 G. Whenever a vehicle has been involved in an accident or a traffic violation, 19 and the owner or someone delegated by him is present and is capable of removing the vehicle from the street with reasonable dispatch, and the vehicle is not needed for criminal evidence, City and/or towing carrier shall permit the owner or his delegate to remove the vehicle or call a towing carrier of his or her own choice to remove the same; provided, however, that if the street cannot 20 21 22 23 be cleared for safe public use with reasonable dispatch by the above method, and in all situations other than above set forth, a towing carrier from the top of the rotation list will be called by the 24 25 City; 26 H. Furnish each owner with a fully itemized billing; I. Immediately after each towing operation, make a towing slip with the contents of each vehicle placed in his or her care itemized thereon as verified by the officer 27 28 RLS/js lTo\\'lng\Towing_ResJ 2 August 8, 2005 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA!\' BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD 2 CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF SAN BERNARDINO. 3 ordering the same and make the slip available to the City on request; Release no impounded vehicle without first having obtained a release from 4 J. 5 the City to do so; 6 K. 7 L. 8 9 10 Agree to a rotation system established by the City; Comply with all rules, regulations and laws of the State of California, County of San Bernardino and City of San Bernardino; M. Have adequate equipment to handle calls from the city, impounds, and II storage of motor vehicles; N. The carrier shall operate from a location within the City of San Bernardino, and all of the facilities necessary to comply with the provisions of this resolution shall be located within the City of San Bernardino; O. Carry a broom, trash can and sand, clean and remove broken glass. spilled oil, or gasoline from the area before departing, unless directed not to do so by police officers 12 13 14 15 16 17 and/or designated City employees at the scene; IS P. Each towing carrier shall maintain insurance pursuant to the requirements 19 20 set forth below. The City of San Bernardino shall be named as an additional insured on all 21 policies including the workers compensation policies. Towing carriers shall provide an endorsement to each policy showing the City as an additional insured: I) The towing carrier shall maintain the following minimum levels of 22 23 insurance from an insurance carrier admitted in California, or 24 admitted in the state in which the towing carrier's business IS 25 located, and is authorized to do business in California: 26 a) Minimum Level of Financial Responsibility (as required by 27 Section 34631.5 of the California Vehicle Code) - Bodily 28 injury and property damage with a combined single limit of RLS/js [Towmg\Towing.ResJ 3 August 8, 2005 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD .., CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF SAN BERNARDINO. 3 4 not less than $750,000 for Class A tow trucks. These 5 minimum standards are to include non-owned and hired auto 6 7 8 9 10 coverage; b) Uninsured Motorist - Legal mInImUm, combined single limit; c) On-Hook Coverage/Cargo - Insuring the vehicle in tow with limits based on the size of the tow truck; and, II d) Garage Liability/Garage Keeper's liability - Includes premises and operations. Coverage for bodily injury and property damage with a combined single limit of not less 12 13 14 IS 16 than $500,000; 17 2) Proof of insurance shall be in the form of a certificate of insurance. Policy expiration or cancellation will immediately nullify the Agreement for Tow Services between the towing carrier and the City. The towing carrier's insurance policy shall provide for not less than 30 days written notice to the City in the event the 18 19 20 insurance policy is canceled or is due to expire; and, 21 Q. Tow vehicles shall be rated at a minimum of 14000 GVWR. (Class A) 22 I) Tow Truck and Car Carrier Classifications: Tow truck and car 23 carrier classifications are based on the truck chassis Gross Vehicle 24 Weight Rating (GVWR) and the classification system used by the .,- -) American Trucking Association (A T A) and truck manufacturers; 26 2) Towing Limitations; 27 a) The total weight of the truck, including the lifted load, shall 28 fall within the GVWR and not exceed either the Front Axle RLS/jS [To"IOgITowingRes] 4 August 8, 2005 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD '1 CRITERlA FOR TOWING CARRlERS TO PROVIDE TOW SERVICES FOR THE CITY OF SAN BERNARDINO. :1 4 Weight Ratings (FA WR) or Rear Axle Weight Ratings 5 (RA WR); 6 7 b) All tow trucks and car carriers shall be equipped and in compliance with the most recent electronic version of the California Highway Patrol Tow Truck Inspection Guide 8 9 10 (CHP 234B); and, c) The truck must meet all applicable state and/or federal II standards; 12 3) Identification Labels: Each piece of towing equipment shall have a label or identification tag permanently affixed to the equipment in 13 14 a prominent location to identify the manufacturer, serial number, 15 model, and rated capacity; 4) Recovery Equipment Rating: The basic performance rating of the recovery equipment is the weight the equipment can lift in a 16 17 18 winching mode, when the bC?om is static at a 30 degree elevation with the load lines vertical and the lifting cables sharing the load 19 20 equally, measured with a live load (weight or load cell); a) The structural design of the recovery equipment must have a higher load capacity than the performance ratings; b) Winches shall conform to or exceed the specifications set 21 22 23 24 forth by the Recovery Equipment Rating (SAE) Handbook, SAE 1706; and, 25 26 c) All ratings for cable and chain assemblies are for the undamaged assembly condition. All cable and chain 27 28 assemblies should be the same type, construction, and rating RLS/Js ITO\nng\Towing Res] 5 August 8. 2005 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD .., CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF SAN BERNARDINO. 3 4 as specified by the original equipment manufacturer (OEM) for the equipment; 5) Control/Safety Labels: All controls shall be clearly marked to 5 6 7 8 9 indicate proper operation, as well as any special warnings or cautions; 6) Uniforms: City rotation tow drivers shall wear an identifiable 10 11 uniform shirt displaying the towing carrier and driver's names while 12 engaged in City rotation tow operations; and, 7) Safety Vests: City rotation tow drivers shall wear a safety vest or reflectorizing clothing, meeting Occupational Safety and Health Administration (OSHA) requirements. 13 14 15 Such towing carriers shall also comply with all other terms of this Resolution. No towing carrier is exempt from meeting legal requirements imposed by any city, county, State or Federal laws or regulations. An example of this is the Clean Water Act. 16 17 18 19 There are currently on the City's tow rotation three permanent towing carriers and 20 three interim towing carriers as follows: Permanent Towing Carriers Tri City Towing 21 22 Danny's Towing City Towing 23 24 Interim Towing: Carriers 25 Wilson Towing, LLC 26 Big Z Autoworks, Inc. Hayes Towing n 28 RLS/js [Towing\Towing.Rcs] 6 August 8. 2005 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD ., CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF SAN BERNARDINO. 3 4 l'i'EW TOWING CARRIER REQUIREMENTS: 5 Every towing carrier that becomes part of the City tow rotation after the adoption of this Resolution shall meet the minimum requirements set forth in Exhibit" A" and incorporated by this reference. These requirements shall also apply to towing carriers under new ownership that apply to join the City rotation after a change of ownership occurs at that towing carrier. Such towing carriers shall also comply with all the terms of this Resolution. 6 7 8 9 10 Grandfatherin2 The City understands that any towing carrier currently on the rotation met the towing carrier requirements in effect at the time of being placed on the rotation whether as a permanent II 12 13 or interim towing carrier. The City has made some of the new tow services requirements more 14 stringent than those in effect under Resolution Number 99-86. The minimum requirements in Exhibit "A" to this Resolution shall apply only to any and all towing carriers joining the tow 15 16 rotation after the effective date of this Resolution. These changes are necessary for the public 17 health, safety and welfare. Once a tow business has been sold or transferred to a new owner, by 18 whatever means (i. e., acquisition of majority interest in towing carrier, new partnership, etc.), 19 there is no basis for continuing to allow the business to operate under discontinued requirements, and the grand fathered status of said business shall terminate. [End of Grandfathering statement.] 20 Per Call Rotation Svstem 21 ...,..., 2. The City shall establish a per call rotation system of qualified towing carriers who 23 have entered into agreements with the City for the performance of to\ving services in response to 24 calls from the City. All departments of the City shall comply with the rotation system. 3. Every towing carrier shall comply with and qualify under all the requirements set forth in this Resolution as a condition precedent to being eligible to be placed on the rotation list: ,- .:.) 26 27 A. The City shall maintain a rotation tow list for Class A tow trucks to ensure an equitable distribution of calls. Nothing in this Resolution or the 28 RLS/IS [TOWlngITowlngRes] 7 August 8. 2005 ~8 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD .., CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF SAN BERNARDINO. 3 4 Agreement for Tow Services shall prohibit the City from requesting a 5 6 specific towing carrier when, in the on scene supervisor's opinion, the necessary resources to clear a hazard as expeditiously as possible are not 7 available from the towing carrier currently at the top of the rotation tow 8 9 list. If the City needs a tow vehicle that exceeds that of a Class A tow truck, the City may, in its discretion, contact a towing carrier with the size 10 11 of tow truck needed. In such an instance, the towing carrier selected would 12 be the next towing carrier on the list which has the qualifications (equipment, skills, timelines, etc.) to provide the required service. After the request, the selected towing carrier would then go to the bottom of the rotation tow list. Towing carriers on the same list that were by-passed 13 14 15 would remain in the same order until their selection for a rotation tow for 16 17 18 which they are qualified; B. A call to a towing carrier shall constitute one turn on the list and the towing carrier shall be moved to the bottom of the list. This includes when the IC) to\ving carrier fails to answer the phone, is unable to respond, is unable to perform the required service, refuses to respond or provide service, or is canceled due to excessive response time. If it is determined that the towing 20 21 .." carrier is not needed and is canceled by the City, up to and including arrival 23 at the scene and standby time \vhich does not result in a tow, there shall be 24 no charges and the towing carrier will be placed back at the top of the list; .2) 1) If the towing carrier is canceled by the vehicle's registered owner or agent prior to the towing carrier taking possession of the vehicle, there shall be no charges for towing. The towing carrier shall immediately contact the City and advise them of the cancellation. 26 27 RLS/J" !Tl'\~ 109\lO\\'lng,Res] 8 >\llgUS' g, 2005 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD '1 CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF SAN BERNARDINO. 3 4 The towing carrier will then be placed back at the top of the list; and, 5 6 7 8 9 2) If service, other than towing, recovery, and load salvage, has begun and is canceled by the vehicle's registered owner or agent, the towing carrier may charge one-half of the regular hourly service charge for the time expended on the call. For purposes of cancellation, service begins when physical work on the vehicle has begun, not the response. No lien shall arise for the service unless 10 II 12 the towing carrier has presented a written statement to the vehicle's registered owner or agent for the signed authorization of services to 13 14 be performed. The towing carrier shall not attempt to take possession of the vehicle in order to establish a lien for any non- towing services performed, or begun and subsequently canceled, when not entitled to such lien by law; 15 16 17 18 C. If two or more towing carriers are called to the same incident, distribution 19 of the vehicles shall be at the discretion of the on-scene supervisor; D. Towing Carriers applying for a rotation tow listing shall have a minimum of three (3) verifiable years of for-hire towing experience, as an owner or principal, prior to the final filing date of an enrollment period in order to 20 21 22 23 qualify for a rotation tow listing; 24 ]) Towing Carriers and owners who do not meet the three year verifiable for-hire towing experience may be considered for a position on the City rotation tow list if a full-time manager who possesses the required tow management experience is employed by 25 26 27 28 the towing carrier. An owner/towing carrier who releases vehicles, RLS/J~ [ToVtmg\Towmg,RnJ 9 August 8. 2005 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD ') CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF SAN BERNARDINO. 3 5 6 completes lien sale paperwork, and other tow business related documents for three years in the towing carrier, with the qualified manager, will fulfill the three years for-hire towing experience 4 requirement; and, 7 8 9 E. Based upon the needs of public safety, the Chief of Police, or his/her designee, at his/her discretion has the authority to include in the tow 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 4. n and legal 28 rotation an interim towing carrier. The interim towing carrier shall meet the minimum requirements for towing carriers set forth in this Resolution and be in good standing on the local California Highway Patrol tow rotation. The interim towing carrier must also agree to be bound by all other terms and conditions in this Resolution, including the payment of all fees due to the City. Any interim appointment made under this paragraph can be up to thirty (30) days. At the end of the 30 day period, the Chief of Police, in his/her discretion, can extend the term on the tow rotation for another period up to thirty (30) days. The initial appointment of such an interim towing carrier shall be made by drawing the name of a towing carrier from those qualified towing carriers located within the City of San Bernardino who are not currently on the tow rotation. If an interim towing carrier is needed beyond the maximum 60 day period allowed under this subsection, another name shall be drawn from the list of qualified towing carriers located within the City of San Bernardino. Any towing carrier previously appointed as an interim towing carrier shall be excluded from the subsequent drawing of a name. Each towing carrier shall give or cause to be given written notice to the registered owners of each vehicle which is towed in conformity with the authorization and RLS/)s [TowingITowmgRes] 10 August 8. 2005 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 99-86 AND EST ABLISHING STANDARD ") CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF SAN BERNARDINO. 3 4 requirements of this Resolution concerning the fact of such towing, the place at which such vehicle is stored and the imposition of charges for towing, storage and related services whenever the 5 6 7 8 towing carrier knows or is able to ascertain from the registration records in the vehicle or from 9 10 II the registration records of the Department of Motor Vehicles the name and address of the registered and legal owners. The notice shall be given not more than ten (10) days from the date of the towing of the vehicle by the towing carrier. 5. Every tow truck which is subject to the provisions of this resolution and which by agreement responds to calls for service by the City, shall be clearly marked on both sides of the cab with the name and telephone number of the towing carrier which operates the truck. 12 13 6. City shall enter into agreements with towing carriers not to exceed one towing ]4 carrier per 35,000 residents of the City. 7. Any agreement entered into pursuant to the terms of this Resolution may be ]5 ]6 ]7 canceled by either party, without prejudice, upon thirty (30) days written notice to the other party. 8. Each month, Towing Carriers shall submit a list of all vehicles towed the previous month, including license plate numbers and vehicle identification numbers. 18 19 9. Towing Carriers shall charge for services on calls by the City in an amount not to exceed ten dollars ($10) above the hourly rate set by the California Highway Patrol: 20 2] A. The rate for towing shall be computed from portal to portal. Time expended shall be charged at a rate not to exceed the hourly rate. Time expended in excess of the minimums shall also be at the hourly rate in no 22 23 more than one-minute increments. There shall be no additional charges for 24 25 mileage, labor, etc; 1) The towing carrier may charge up to a thirty-minute minimum per call for any service or tow which is performed when the vehicle operator or agent is present and the vehicle is not stored at the 26 27 28 RLS/Js [Towmg\Tmqng Res) 11 August 8. 2005 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD , CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF SAN BERNARDINO. 3 discretion of an officer; and, 4 5 2) The towing carrier may charge up to a one-hour minimum per call on responses which result in storage of a vehicle at the direction of an officer; 6 7 8 9 B. Rates for a service call (out of gas, lockouts, tire changes, etc.) shall be from portal to end of service, and may be at the hourly rate with a thirty- minute minimum. Charges in excess of thirty-minutes may be charged in 10 no more than one-minute increments; and, II 12 C. 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 13 14 business hours. 15 10. 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. 16 17 18 II. A. Towing carriers shall charge for services for storage at the rates set by the California Highway Patrol for this area; I) Fees for inside storage shall be charged only when inside storage is 19 20 21 requested by the City, registered owner, legal owner, insurance 22 company, or when the inside storage can otherwise be justified by 23 the towing carrier; 24 2) The towing carrier 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 25 26 27 maximum storage rate; 28 3) Vehicles stored 24 hours or less shall be charged no more than one RLS/Js [TowingITowmgRes] 12 August 8. 2005 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD .., CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF SAN BERNARDINO. 3 4 day storage; and, 4) Storage of vehicles in combination may be charged a per vehicle rate except for dollies, con-gear, etc., Dollies and con-gear may be charged a storage rate not to exceed Class A storage fees; B. The approved schedule of rates charged by the towing carrier shall be available in the tow truck, and shall be presented upon demand to the 5 6 7 8 9 10 persons for whom the tow services were provided, their agent, or any officer at the scene; 11 12 C. Rate requirements represent the maximum a towing carrier may charge on 13 a City call. A towing carrier is not precluded from charging less when deemed appropriate by the towing carrier. These requirements shall not be 14 15 construed as requiring a charge if a towing carrier would not normally 16 17 charge for such service; and, D. No towing carrier or employee shall refer to any rate as required or set by 18 19 the City. 20 12. In the event that a towed vehicle is forfeited by the owner in accordance with Section 14607.6 of the California Vehicle Code, the proceeds of the sale of the vehicle shall be distributed pursuant to said section of said Code. 13. The towing carriers shall be charged a franchise fee set forth in the Agreement for Tow Services. No later than January 20 of each year, the police department shall determine the average monthly franchise fees based on a cost analysis and the average number of tows in the prior fiscal year. The towing carriers on the police department rotation list will each pay an equal share of the franchise fees on a monthly basis. This franchise fee shall be paid from the towing carrier's profits and shall not be passed on to the vehicle owners. Should the total number of towing carriers on the rotation list change, the franchise fee will be adjusted accordingly among 21 22 23 24 25 26 27 28 RLS/jS [TowmglTowmg Res] 13 August 8. 2005 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD .., CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF SAN BERNARDINO. 3 the towing carriers. Ten days notice shall be given to the participating towing carriers of any 4 5 change in the amount to be paid to the City. 14. The Administrative fee set by Resolution of the Common Council will be collected 6 by the San Bernardino Police Department. 7 15. The towing carrier shall ensure that tow truck drivers responding to calls initiated by the City are qualified and competent employees of the towing carrier's company. The towing carrier shall ensure that the tow truck drivers are trained and proficient in the use of the tow truck and related equipment, including, but not limited to, the procedures necessary for the safe towing and/or recovery of the various types of vehicles serviced through City rotation. Tow drivers shall perform all towing and recovery operations in the safest and most expedient manner possible. Tow truck drivers shall be at least 18 years of age and shall possess the proper class A. 8 9 10 II 12 I3 14 IS 16 license and endorsements for the towed and towing vehicle; I7 18 19 B. The towing carrier shall maintain a current list of drivers; and, C. All tow truck drivers and owner/towing carriers shall be enrolled in the Pull 20 Notice Program; I) Upon the addition of new drivers, a towing carrier will be granted a maximum of 30 days to enroll drivers in the Pull Notice Program; 2) Pull Notices shall be kept on file, signed, and dated by the towing 21 22 23 carrier; and, 24 2S 3) The City may require a towing carrier to provide copies of Pull Notice Reports to the City. The towing carrier shall respond to calls 24 hours a day, seven days a week. Between 6:00 a.m. and 6:00 p.m., the response time shall be no 26 16. A. 27 28 RLS/js [Towing\Towing.ResJ 14 August 8. 2005 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD .., CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF SAN BERNARDINO. 3 4 more than twenty (20) minutes. Between 6:00 p.m. and 6:00 a.m. the response shall be no more than thirty (30) minutes. The towing carriers 5 6 7 8 9 shall respond with a tow truck of the class required to tow the vehicle specified by the City. The towing carrier shall advise City dispatch, at the 10 II time of notification, if they are either unable to respond or unable to meet the maximum response time. If, after accepting the call, the towing carrier is unable to respond or will be delayed in responding, the towing carrier shall immediately notify the appropriate City department. The towing carrier shall not assign any calls to other towing carriers; 12 1) A failure to respond to perform the required towing or service 13 14 and/or repeated failures to meet the maximum response time IS requirements shall constitute a failure to comply \vith the terms and conditions of this Resolution and the Agreement for Tow Services; 16 17 18 19 2) The City may take immediate disciplinary action for any violation of the requirement to respond within the maximum response time; and, 20 3) When a towing carrier will be temporarily unavailable to provide services due to a pre-planned or scheduled activity, the towing carrier shall notify the City at least 24 hours prior to the date that 21 22 services will be unavailable, noting the times and dates of the 23 24 unavailability; B. The towing carrier, or towing carrier'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 25 26 27 28 performed; and, RLS/Js [ToWtng\Towlng.Rcs] 15 August 8. 2005 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING ST ANDARD 2 CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF SAN BERNARDINO. 3 4 C. Only the tow truck personnel and equipment requested shall respond to a 5 City call. A towing carrier shall not respond to a City call assigned to another towing carrier unless requested to do so by the City; 6 1) This shall not preclude the towing carrier from responding to an 7 incident to ascertain if additional assistance or equipment is 8 9 10 required. There shall be no additional charge for any personnel or equipment that is not necessary to perform the required service; 2) There may be times when the towing carrier assigned the initial call II may require the assistance of an additional towing carrier at the 12 13 scene. The towing carrier assigned the initial call may, subject to prior agreement with the City and with the concurrence of the on 14 scene supervisor, request a specific towing carrier for assistance. 15 The request shall be routed to the additional towing carrier through 16 the City; and, 17 18 3) There may be times when a towing carrier, who was not called to a scene, comes upon a collision scene where a vehicle or vehicles 19 are blocking a roadway and an officer requests assistance in clearing 20 21 the roadway. In such a case, the towing carrier may be requested to move the vehicle to a safe location, as directed by the officer, and leave it. There shall be no charge for this assistance and the assistance provided shall not change the towing carrier's place in the rotation. ")'J 23 24 25 17. The towing carrier shall be responsible for the security of vehicles and A. 26 27 property at the place of storage. At a minimum, a fenced or enclosed area shall be provided. The towing carrier is responsible for the reasonable 28 RLS/Js [Tuwmg\Towmg Res] 16 August 8. 2005 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD ') CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF SAN BERNARDINO. 3 4 care, custody, and control of any property contained in towed or stored 5 vehicles. See Exhibit "A" for alarm requirements; B. The towing carrier shall obtain approval from the City prior to the removal of any property from a stored or impounded vehicle and shall provide a receipt, with a copy placed in the stored vehicle. The requirement to obtain approval from the City prior to the removal of property may be excused by the City if it is determined that proper safeguards and procedures are utilized by the towing carrier; 1) This requirement may not be waived in cases where a vehicle has been impounded for evidence or investigation; 2) Upon approval from the City, the towing carrier shall release personal property from an impounded vehicle at the request of the vehicle registered owner or agent; 6 7 8 9 10 11 12 13 14 15 16 ]7 a) There shall be no charge for the release of personal property 18 19 during normal business hours. Towing carrier may charge an after hours release fee for property released after normal business hours, consistent with the after-hours vehicle 20 21 release provisions: and, 22 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 23 24 25 registered owner or agent. Responses are mandatory on 26 weekends, holidays, and outside normal business hours, 27 provided the vehicle's current registered owner or owner's 28 authorized agent are available for return of personal RLS:Js {To\.\ Ing\Towlng. RL'~] 17 August 8.2005 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD .., CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF SAN BERNARDINO. 3 4 property. Payment for an after-hour release of property may .5 be required at the time of the release; and, 6 7 8 9 10 3) Cargo shall be released upon demand of the carrier or pursuant to a court order; C. The primary storage facility shall normally be at the same location as the business address. If not at the same location, there shall be no charge for any additional distance traveled to and from a secondary location. The vehicle and/or personal property shall be released at the primary storage II 12 facility or place of business upon request of the registered owner or a person having a legal entitlement to the vehicle and/or property. 13 14 I) Prior to the utilization of new storage facilities that were not listed on the application for rotation tow listing, the towing carrier shall j 5 16 17 18 19 furnish the address and obtain the City's approval; and, 2) Secondary storage facilities shall be located reasonably close to the main business office; 3) All storage facilities shall meet all legal requirements for such 20 facility; D. A towing carrier's place of business shall have a sign that clearly identifies it to the public as a towing service. The sign shall have letters that are clearly visible to the public from the street. The sign shall be visible at 21 22 23 2-+ night; E. for the purpose of this Resolution and Agreement for Tow Services, "normal business hours" shall not be less than 8 a.m. to 5 p.m., Monday through Friday, except for the following recognized holidays: New Year's Day, Martin Luther King Day, Presidents' Day, Memorial Day, 25 26 27 28 RLS"i~ rTo\\'in~\-lowing.f{es] 18 August 8. 2005 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD '} CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF SAN BERNARDINO. 3 4 Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, day after Thanksgiving Day, and Christmas Day; F. Business hours shall be posted in plain view to the public. Offices staffed with only one employee may be closed for one hour at lunch. A sign shall 5 6 7 he posted with the reason for closure. The sign shall have a phone number 8 where a request will result in an immediate response to release property or 9 10 II vehicles. Response to the office shall be within the time frame required for tow response; 12 G. Employees shall be properly trained to conduct business transactions related 13 14 to towing, storage, and release of vehicles/property; and, H. The City shall ensure that proper provisions are in place for the release of all impounded vehicles. Towing carriers shall respond for after-hours release of vehicles when requested hy the current registered owner or IS 16 owner's authorized agent. 17 18 19 I. The towing carrier shall accept all guaranteed forms of payment including, without limitation, money orders, certified cheds, debit cards and all 20 \videly accepted credit cards. There shall he no surcharge for the use of a credit card. If the form of payment cannot be accepted by the towing 21 '}") .:..~ carrier due to any failure by the to\ving carrier or towing carrier payment 23 processing equipment, towing carrier shall not charge storage fees beyond date of such failure. 24 25 J. The towing carrier shall post in its office a list of rights of the owner of the vehicle under this Resolution and Agreement for Tow Services. The rights are set forth on Exhibit E to this Resolution. 26 '27 K. A stored vehicle shall be released to the registered owner upon presentation 28 RLS/Js [TO\\lOg\Towing.Res] 19 August 8. 2005 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA\' BERNARDINO REPEALING RESOLUTION NO. 99-86 AND EST ABLISHING ST ANDARD .., CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF SAN BERNARDINO. :3 of the registration and valid proof of identification and payment of all 4 5 towing and storage charges. If the registration is not immediately available, the towing carrier shall obtain the registered owner's information from 6 Department of Motor Vehicles records as soon as possible. If the towin[.' 7 carrier does not release the vehicle as required by this subsection, storage 8 9 charges shall cease on the date of presentation of the documentation and payment of the accrued charges. L. An impounded vehicle shall be released to the person named in the Tow Release Form issued by the San Bernardino Police Department upon payment of towing and storage charges and presenting valid proof of 10 II 12 13 14 identification. If the towing carrier does not release the vehicle as required by the subsection, storage charges shall cease on the date of presentation of 15 the documentation and payment of the accrued charges. 16 18. The towing carrier shall maintain records of all tow services furnished. A. 17 18 The records will be maintained at the towing carrier's place of business. Invoices shall at a minimum include a description of each vehicle, nature 19 20 of service, start time, end time, location of call, itemized costs of towing and storage, the tow truck driver's name, and truck used; 21 ..,.., B. At the towing carrier's primary office, the towing carrier shall also maintain business records relating to personnel, insurance, personnel taxes, T' ~.) payroll, applicable operating authorities, local operating authorities, lien 24 sale actions, Federal Communication Commission licensing, and non-City 25 tows; 26 C. The City may inspect all towing carner records without notice during 27 normal business hours; 28 RLS;J~ [To\'.:lI1g\TO\~inf.Rcsl 20 August 12,2005 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD 2 CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF SAN BERNARDINO. 3 5 D. Towing carriers shall permit the City to make copies of business records at their place of business, or to remove business records for the purpose of reproduction. The City shall provide a receipt for any (original) records removed from the place of business; E. Records shall be maintained and available for inspection for a period of two years plus the current term of this Resolution and the Agreement for Tow 4 6 7 8 9 10 Services; and, F. Failure of the towing carrier to comply with the inspection requirements II 19. A. shall be cause for suspension. No towing carrier or applicant shall be directly involved in the towing- related business of any other towing carrier or applicant on the City's tow 12 13 14 rotation; 15 B. Storage facilities owned by a towing carrier, and shared with another 16 17 towing carrier, shall only be approved if the owner/towing carrier charges for the space exclusively on a f1at monthly rate rather than a vehicle-hy- 18 19 vehicle basis, or combination thereof. Facilities shared by towing carriers 20 shall be physically separated and secured from each other; C. The sale or transfer of the controlling interest in a towing carrier shall 21 immediately terminate any Agreement for Tow Services entered under this 22 23 Resolution subject to the notice of change of ownership provision set forth below in this subsection. A sale or transfer of the controlling interest in a 24 25 towing carrier is defined in Municipal Code Section 5.04.026 as follows: 26 A. Any business registration certificate or any permit issued or granted pursuant to this title is a privilege to be held by the original permittee or certificate holder thereof. It cannot be sold, transferred, assigned or 27 28 RLS/Js [TowingITowmg.Res] 21 August 8. 2005 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD ') CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF SAN BERNARDINO. 3 4 disposed of, in whole or in part, or by voluntary sale, merger, consolidation or otherwise. B. In the event a permittee or certificate 5 6 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 7 8 than fifty (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 9 10 II 12 is a partnership, a new permit or certificate shall be required when 13 there is an actual change in control or when ownership of fifty percent 14 (50%) or more of the capital or profits of the permittee or certificate 15 16 17 18 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. A new owner may apply for a rotation tow listing at any time during the remainder of the current Agreement for 19 Tow Services term. However, the open positions on the City's tow rotation 20 wilJ also be opened for applications from other qualified towing carriers. Termination for this reason is exempt from the 30 day notice of cancelJation set forth in other provisions of this Resolution. Also refer to requirements in Exhibit "A" required of new tow services towing carriers who wish to 21 ')7 "-- 23 24 apply to the City's tow rotation. The City through its Police Department, shall be notified no later than seven (7) days after a change of ownership in 25 26 a towing carrier on its tow service rotation. Notice shall be given to the 27 Traffic Sergeant at the Police Department. If the City is not so notified within the seven day period, the termination takes effect immediately at the 28 RLS/jS [Towlng\TowingResJ 22 August 8. 2005 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD 1 CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF SAN BERNARDINO. 3 4 end of the seven day period. If the City is notified of the change of 5 ownership within the seven day period, the Agreement for Tow Services 6 7 8 9 10 may be assigned or transferred to the new owner. This assignment or transfer shall be on an interim basis until the selection process of the replacement towing carrieres) takes place. In no event, shall assignment or transfer exceed 60 days. The towing carrier under new ownership must meet the minimum qualifications in Exhibit" A" to be placed on the City's tow rotation; and, II 12 D. A terminated or suspended towing carner, and/or the towing carrier business owner at the time of the suspension or termination, shall not be 13 14 15 16 17 18 eligible for a rotation listing for the duration of the suspension or termination. This provision applies to the towing carrier working in any capacity within any tow business or operating any tow business, and to the tow business, even if operated under new ownership. This provision does not apply to Section 19(C) regarding termination due to a change in ownership. 20. The City shall conduct, at a minimum, one annual meeting to discuss issues 19 20 21 concerning the tow rotation. All meetings shall be mandatory for the towing carrier or towing carrier's designee wishing to remain on rotation. The City shall give the towing carrier 30 days written notice of these meetings. 22 23 21. A. While involved in City rotation tow operations or related business, the towing carrier and/or employees shall refrain from any acts of misconduct 24 25 26 including, but not limited to, any of the following: 27 I) 2) Lack of service, selective service, or refusal to provide service Rude or discourteous behavior; 28 RLS/Js [Towing\Towmg.Res] 23 August 8. 2005 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING ST ANDARD 2 CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF SAN BERNARDINO. 3 4 which the towing carrier is/should be capable of performing; 3) Any act of sexual harassment or sexual impropriety; 5 4) Unsafe driving practices; 6 7 8 9 5) 6) Exhibiting any objective symptoms of alcohol and/or drug use; or, Appearing at the scene of a City rotation tow call with the odor of an alcoholic beverage emitting from the towing carrier's employee's breath. The towing carrier/tow truck driver shall submit to a preliminary alcohol screening test upon demand of the City; 10 II 12 B. All City related tow service complaints received by the City against a 13 14 towing carrier or towing carrier employees will be accepted and investigated in a fair and impartial manner. The towing carrier will be 15 notified of the results of any investigation; and, 16 17 18 19 C. Should the filing of criminal charges be a possibility, the City will conduct the investigation to conclusion or assist the lead investigation agency and, if warranted, request prosecution. 22. A. The towing carrier and employees shall, at all times, comply with federal, state, and local laws and ordinances; 20 21 1) In the event of a minor traffic violation by a tow truck driver which 22 is known by the City, the towing carrier shall be advised of the violation by the City. The towing carrier will be granted the 23 24 opportunity to take necessary steps to ensure that the driver 25 complies with the law. Any subsequent traffic violations may be cause for disciplinary action against the towing carrier and/or the 26 27 involved employees; and, 2) Any flagrant traffic violation may be cause for immediate 28 RLS/jS [Towing\Towing.Res] 24 August 8. 2005 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD J CRITERlA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF SAN BERNARDINO. 3 4 disciplinary action against the towing carrier and/or the involved 5 6 employees; B. The provisions contained in any compliance with law provisions in this 7 Resolution do not preclude the City from taking appropriate enforcement or administrative action for any violations of law. Complaints for violations of the law not normally investigated by City will be referred to the agency with investigation jurisdiction; C. Any conviction of the towing carrier or employee involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a drug-related offense, felony driving while under the influence of alcohol and/or a drug, misdemeanor driving while under the influence of alcohol and/or a drug, or moral turpitude while involved in a City rotation tow call shall be cause for removal of the employee from the list of current City rotation tow truck 8 9 10 II 12 13 14 15 16 17 18 drivers, denial of towing carrier application, or termination of the Agreement for Tow Services; and, 19 20 D. A towing carrier or employee arrested/charged for a violation involving any 21 of the above crimes may be suspended until the case is adjudicated. The City shall take disciplinary action against towing carriers for violations investigated and confirmed or sustained. Unless otherwise noted, the City shall determine the period of suspension. The City shall retain discretion regarding the length of any suspension imposed pursuant to the terms and conditions of this Resolution and the Agreement for Tow Services; 23. A. "1'1 23 24 25 26 27 B. Records of violations shall be retained by the City for at least 36 months; 28 C. A violation of the equipment requirements related to safety shall be cause RLS/Js [Towmg\Towlng Res] 25 August 8. 2005 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD 2 CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF SAN BERNARDINO. 3 for immediate suspension. The suspension will remain in effect until the 4 5 reriod of suspension is completed and the City has conducted an inspection and concluded the towing carrier is in compliance; 6 7 8 9 D. A violation of the GVWR and safe loading requirements of a tow truck may be cause for immediate suspension. This includes exceeding the tow truck's GVWR, front axle weight rating, rear axle weight rating, maximum tire weight ratings, or not maintaining 50 percent of the tow truck's unladen front axle weight on the front axle when in tow; E. A violation of intentionally overcharging or a pattern of overcharging shall be cause for suspension. The suspension will remain in effect until the period of suspension is completed and the towing carrier has presented proof to the City that reimbursement has been made to the aggrieved 10 I I 12 13 14 15 customer; 16 17 18 F. City personnel shall not be offered gratuities, and requests for gratuities shall not be honored by towing carriers, employees, or associates of the towing carrier. A violation of this section shall be cause for suspension or 19 termination; 20 G. Failure of the towing carner to satisfy a court order mandating 21 22 reimbursement to the vehicle owner or property owner for the damage or loss which occurred while the vehicle was in the towing carrier's custody 23 24 will result in a suspension. The suspension will remain in effect until the period of suspension is completed and the towing carrier has presented proof of the reimbursement; 25 26 H. Failure of the towing carrier to comply with the inspection requirements of 27 this Resolution and the Agreement for Tow Services will result in a 28 RLS/JS [To\\ingITo\\mg.Res] 26 August 9. 2005 RESOLUl ION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD ') CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF SAN BERNARDINO. 3 4 suspenSIOn. The suspension will remain in effect until the period of suspension is completed and the towing carrier has complied with the 5 6 7 8 9 inspection requirement; 10 11 I. Failure of the towing carriers to send tow truck drivers who are qualified and competent employees on City calls shall be cause for suspension. The suspension will remain in effect until the period of suspension is completed and the towing carrier has presented proof to the City that the driver is qualified and competent; 12 J. Failure of the towing carrier to maintain the minimum insurance 13 requirements set forth in the Agreement for Tow Services will immediately nullify the Agreement for Tow Services. The towing carrier will be subject to an additional suspension for failure to notify the City in advance of the 14 15 16 insurance policy expiration or cancellation; and, ]7 K. Failure of the towing carrier or employee to comply with Provisions, Demeanor and Conduct and/or compliance with law provisions may be cause for suspension if deemed appropriate by the City. 18 19 24. A. Except as specifically stated in the Agreement for Tow Services, minor 20 21 violations of the terms and conditions of the Agreement for Tow Services 22 may be cause for disciplinary action in the following manner: 1. First violation within a 12 month period - letter of written 23 24 reprimand; 25 2. Second violation within a 12 month period - 1 to 30 day suspension; 3. Third violation within a 12 month period - 60 to 90-day suspension; and, 26 27 28 4. Fourth violation within a 12 month period - termination of the RLS/js [T(m'in~\Towing.RcsJ 27 August 8. 2005 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD ") CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF SAN BERNARDINO. 3 4 Agreement for Tow Services. Note: In lieu of termination, the City may impose additional suspensions for longer periods, if deemed appropriate; B. Violations of the terms and conditions of the Agreement for Tow Services that are subject to suspension for the first violation are categorized as major violations. Any subsequent or continuing major violation may be cause for 5 6 7 8 9 10 termination; 1. When considering punitive action for a major violation of the II 12 Agreement for Tow Services, the City may take into consideration all major and minor violations that occurred within 36 months prior to the date of the current violations; and, 13 14 15 2. Termination shall be invoked if, in the City's judgment, continued participation in the Rotation Tow Program by the affected towing carrier may result in a hazard to public safety and/or welfare, or the towing carrier has been convicted of a crime listed in paragraph 22C; and, Nothing herein shall be deemed to prohibit the City from immediately 16 17 18 19 c. 20 suspending any towing carrier or employee whose conduct, in the opinion 2] 22 of the City, is deemed to be a danger to the motoring public or who has engaged in conduct constituting a flagrant violation of the Agreement for 23 Tow Services. 24 J- ~). In the event the City serves the towing carrier with disciplinary action, the HHving carrier may request a hearing within seven calendar days by A. 25 26 27 submitting a request in writing to the Traffic Sergeant at the Police Department. If a hearing is requested, it shall be held as soon as practible. 28 RLS/Js ITowing\Towing.Resl 28 August R. 2005 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD .., CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF SAN BERNARDINO. 3 The hearing shall be conducted by the Traffic Sergeant or designee, and the 4 towing carrier shall be entitled to present all relevant facts and 5 circumstances in support of the towing carrier's position. The towing 6 7 8 carrier shall be further entitled to present testimony of at least one qualified person. The towing carrier shall be notified in writing of the Traffic Sergeant's decision(s) within ten business days of the date of completion of the hearing; B. Following a hearing, if the towing carrier is dissatisfied with the Traffic Sergeant's decision(s), the towing carrier may appeal by submitting a request in writing to the City Clerk, pursuant to Municipal Code Chapter 9 10 II 12 13 2.64, and paying any applicable fees; and, 14 15 16 c. A suspension shall not take effect until the hearing and appeal process has been exhausted, with the exception of towing carriers v,:hose conduct is deemed to be a danger to the motoring public or who continue to violate the terms and conditions of this Resolution and Agreement for Tow Services. If 17 18 a towing carrier fails to request a hearing or appeal, the action taken by the 19 City shall be final, and the suspension shall take effect upon written 20 notification to the towing carrier by the City. 21 26. The towing carrier shall not display any sign or engage in any advertisement 22 indicating an official or unofficial connection with the City or Depar1ment of Motor Vehicles. 27. Either party may cancel the Agreement for Tow Services entered pursuant to this Resolution by giving 30 days written notice to the other party. Cancellation shall not be subject 23 24 25 26 to the appeals provisions of this Resolution and Agreement for Tow Services. 28. The following Exhibits are attached to this Resolution and incorporated by this 27 reference: 28 RLS/j<:. [TO\\ ing\TowingResj 29 August 8, 2005 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD ") CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF SAN BERNARDINO. 3 Exhibit A. 4 5 Exhibit B. 6 Exhibit C. 7 Exhibit D. 8 Exhibit E. 9 JO 1/1 II /II 12 I I I 13 1/1 14 I I I 15 /II 16 /II 17 I I I 18 I I I 19 /II 20 /II 21 I I I n I I I 23 1/1 24 I I I 25 /II 26 1/1 27 I I I 28 RLS/js [TowmgITowmgRes] Minimum Tow Service Requirements for Carriers who become part of the City's Tow Services Rotation after the effective date of this Resolution. Preliminary Application Review. Towing Carrier Selection Process Attachment. Selection Process of Towing Carriers. Rights of Persons Whose Vehicles Are Towed At the Request of the City of San Bernardino 30 August 8, 2005 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 99-86 AND ESTABLISHING STANDARD .., CRITERIA FOR TOWING CARRIERS TO PROVIDE TOW SERVICES FOR THE CITY OF SAN BERNARDINO. 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meeting thereof. held 5 ,2005, by the following vote, to wit: NAYS ABSTAIN ABSENT 15 16 17 18 19 Rachel G. Clark, City Clerk The foregoing Resolution is hereby approved this _ day of ,2005. 20 21 JUDITH V ALLES, Mayor City of San Bernardino Approved as to 22 form and legal content: 23 ,^ 24 By: )Jq?r--- ? ~: () /f ,I (-'1 "h-~ 27 28 RLS/jS [TowinglTowmg Res] 31 August 8. 2005 EXHIBIT" A" EXHIBIT A TOW CARR TLRS MINIMUM REQUIREMENTS (EFFECTIVE FOR TOW CARRIERS ENTERING THE CITY'S TOW ROT A TION AFTER THE EFFECTIVE DATE OF THIS RESOLUTION) A. Have a minimum outside storage sl 'lce of 65,000 square feet capable of storing at least 200 vehicles. B. Minimum inside storage space of 2001' square feet capable of storing at least five (5) automobiles. C. Security fencing around the entire outside Sll ruge space. D. Monitored alarm system - If the outside storage s.)ace is not alarmed, the inside storage must be. E. Minimum of three Class A tow trucks. F. Current City Business License. G. Certificate of Occupancy. H. Hazardous Material Handler's Permit. 1. Have either an inside or outside customer waiting area for at le,,;t five customers of 100 square feet. The outside waiting area shall exclude parking and 1m d'icape areas. J. Have a minimum of three years of for-hire towing experience as an 0\\ .cr/principal or have a qualified manager with the experience. K. Have an attendant on call twenty-four (24) hours a day, seven days a \\ 'ek at place of business. L. Have no more than two telephone numbers listed with any City department. M. Store towed vehicles in a safe, lighted and protected space where the vehicles aI,e their contents will not be accessible to thieves nor be damaged by activity in the G rrier establishment or from the elements or by vandals; no vehicles shall be left parked or stlred on the public streets at anytime; in no event shall the city be liable for any theft, vandali~ m or damage occurring to any such vehicle or its contents. N. Post a tag on the windshield of all cars ordered impounded by the City. O. Collect all towing or hauling and storage charges on each vehicle from the owner; in no event shall the city be liable for any such charge. 1 P. Whenever a vehicle has been involved in an accident or a traffic violation, and the owner or someone delegated by him is present and is capable of removing the vehicle from the street with reasonable dispatch, and the vehicle is not needed for criminal evidence, City and/or towing carrier shall permit the owner or his delegate to remove the vehicle or call a towing company of his or her own choice to remove the same; provided, however, that if the street cannot be cleared for safe public use with reasonable dispatch by the above method, and in all situations other than above set forth, a towing carrier from the top of the rotation list will be called by the City. Q. Furnish each owner with a fully itemized billing. R. Immediately after each towing operation, make a towing slip with the contents of each vehicle placed in his or her care itemized thereon as verified by the officer ordering the same and make the slip available to the City on request. S. Release no impounded vehicle without first having obtained a release from the City to do so. T. Agree to a rotation system established by the City. U. Comply with all rules, regulations and laws of the State of California, County of San Bernardino and City of San Bernardino. V. Have adequate equipment to handle calls from the city, impounds, and storage of motor vehicles. W. The carrier shall operate from a location within the City of San Bernardino, and all of the facilities necessary to comply with the provisions of this resolution shall be located within the City of San Bernardino. x. Carry a broom, trash can and sand, clean and remove broken glass, spilled oil, or gasoline from the area before departing, unless directed to not do so by police officers and/or designated City employees at the scene. Y. Each tow carrier shall maintain insurance pursuant to the requirements set forth below. The City of San Bernardino shall be named as an additional insured on all policies including the workers compensation policies. Tow carriers shall provide an endorsement to each policy showing the City as an additional insured. 1. The operator shall maintain the following minimum levels of insurance from an insurance carrier admitted in California, or admitted in the state in which the operator's business is located, and is authorized to do business in California: a) Minimum Level of Financial Responsibility (as required by Section 34631.5 of the California Vehicle Code) - Bodily injury and property damage with 2 a combined single limit of not less than $750,000 for Class A tow trucks. These minimum standards are to include non-owned and hired auto coverage. b) Uninsured Motorist - Legal minimum, combined single limit. c) On-Hook Coverage/Cargo - Insuring the vehicle in tow with limits based on the size of the tow truck. d) Garage Liability/Garage Keeper's liability - Includes premises and operations. Coverage for bodily injury and property damage with a combined single limit of not less than $500,000. 2. Proof of insurance shall be in the form of a certificate of insurance. Policy expiration or cancellation will immediately nullify the Agreement for Tow Services between the carrier and the City. The operator's insurance policy shall provide for not less than 30 days written notice to the City in the event the insurance policy is canceled or is due to expire. Z. Tow vehicles shall be rated at a minimum of 14000 GVWR. (Class A) I. Tow Truck and Car Carrier Classifications: Tow truck and car carrier classifications are based on the truck chassis Gross Vehicle Weight Rating (GVWR) and the classification system used by the American Trucking Association (A TA) and truck manufacturers. 2. Towing Limitations: a) The total weight of the truck, including the lifted load, shall fall within the GVWR and not exceed either the Front Axle Weight Ratings (FA WR) or Rear Axle Weight Ratings (RA WR). b) All tow trucks and car carriers shall be equipped and in compliance with the most recent electronic version of the California Highway Patrol Tow Truck Inspection Guide (CHP 234B). c) The truck must meet all applicable state and/or federal standards. 3. 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. 4. 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 3 sharing the load equally, measured with a live load (weight or load cell). a) The structural design of the recovery equipment must have a higher load capacity than the performance ratings. b) Winches shall conform to or exceed the specifications set forth by the Recovery Equipment Rating (SAE) Handbook, SAE 1706. c) All ratings for cable and chain assemblies are for the undamaged assembly condition. All cable and chain assemblies should be the same type, construction, and rating as specified by the original equipment manufacturer (OEM) for the equipment. 5. Control/Safety Labels: All controls shall be clearly marked to indicate proper operation, as well as any special warnings or cautions. 6. Uniforms: City rotation tow drivers shall wear an identifiable uniform shirt displaying the company and driver's names while engaged in City rotation tow operations. 7. Safety Vests: City rotation tow drivers shall wear a safety vest or reflectorizing clothing, meeting Occupational Safety and Health Administration (OSHA) requirements. AA. The City may grant additional points or deduct points as set forth in Exhibit B to Resolution No. BB. No tow carrier is exempt from meeting legal requirements imposed by any city, county, State or Federal laws or regulations. An example of this is the Clean Water Act. 4 EXHIBIT "B" EXHIBIT "B" Preliminary Application Review Applications that do not curreutly meet all of the following minimum qualifications will be rejected and returned to the tow carrier with a cover letter stating the reason/s for rejection. Tow Carrier ]\'ame Date Internal Use Only i Qualification I , I II. I I I Yes No J I _. I I ~ 1.1. I I -I. All Answers In This Section Must be Yes to Qualify Meets all standards of the most current city resolution establishing standard criteria for tow companies. Tow business office and storage facility located within San Bemardino City limits. Minimum Outside Storage of 200 vehicles, 65,000 sq. ft. Minimum Inside Storage of 2,000 sq. ft. Secure, lighted storage facility Attendant on-duty 24 hours 24 hour service including weekends and holidays \1inimum of three certified Class A tow trucks I I I I I i ! I i I i I I I I I I I --j I I I i 5. : 6. I 7. I 8. 9. Current City Business license 1 (). Certi ficate of Occupancy [ ] Pennanent ] Temporary 11. Hazardous Matenal Handlers Penl1lt Current 12. Monitored Alann System: If outside perimeter is not alarmed then inside storage must be. i ~ \Iinimum inside waiting area of 100 sq. ft. ! -I. Minimum outside waiting area, excluding parking space and landscaping. of 100 sq. ft. i:' Operator has three years of verifiable towing experience as an owner or principle, or has a full time manager "ho ossesses the re uired ex erience. All Answers In This Section Must be No to Qualify 16. F illdneiallnterest in another tow company providing services to the City I .-- ~ - . . . 1 I I d . I, Pril ,. COI1\'lctJon(s). gllllty pea, or no 0 contendere p ea that exclu es tow camel' I I Comments t'. 10\\ SllIff ..\pplic 'tJon Prelmunary Renew Check List 2.1.011 doc EXHIBIT "e" EXHIBIT "c" SELECTION PROCESS A TT ACH:\1ENT T 0\\ CalTlcr: Date: Contact Information Agency Name I t I I I Contact Person Title Telephone # Date of Contact I I I i I I . , I L Governmental Agency Tow Seryice History . Agency ! Number ofNegatl\'e I Complaint HIstory I . i ActIOns I ;; S usta Illed I # Unfounded I I I I I , T ~ i I I 1 I I I I - , i , I I i ! i ! I i , . I I , , Rc\'ised 7/191005 EXHIBIT "c" SELECTION PROCESS ATTACHMENT Each tow camer shall be a\\'arded a pomt \"alue for each of the in-depth m\"estlgatlOn categones. The pOInts may range from ncgatl\'e \"alues (dcductlOns) to POSIlIVC \"alues (addltlOns). Meetmg the mInImUm qualIficatIOns 10 a specIfic category will ha\"e a pomt \"alue of zero. Tow Service History Points Lost Negative Act10ns are defined as any notIce of Total Pomts Lost dlsclplmary action by a go\"emmental agency or issuance of a CItation that results 10 sanCl10ns or con\"lcl1On. I - 4 = - 5 16-20=-30 5-10=-10 21 - 25 = - 40 11-15=-20 25 + = - 50 Government Agency Name Date of Action Summary of Action , ~ . . , , i Busmess I E.xplration Date: License Number: i Sub-Total Tow Service Historj . Facility Inspection l'vlinImum OutSIde Additional Outside Space Mmimum Inside Additional InsIde Space Total Storage Space 10,000-20.000 sq. ft. = +5 Storage Space I ,000-l,500 sq. ft. = -r5 Points , I RequIred 65.000 sq. ft. 20,001 + sq. ft. = +10 Required 2,000 sq. ft. . 1.50 I + sq. ft. = +10 I ~ . OffIce Area Front of Business Rear of Busmess = -2 Unimpro\"ed Walkway for customer I Location / Access No Obstructions access = -2 , 0 -: i Staffing / OrganIZatIOn I person to 2-4 able to conduct routme busmess = +2 I .!{outlne huslncss Includes the conduct routine 5 + able to conduct routine business = +5 release and sale ofvchlCks* business . 0 Customer Inside 100 sq. ft. minimum = 0 Seat 109 for PublIc access to customer files I I Waltmg Area 100 addItional sq. ft = +2 Customers = +2 = -10 . I I ~ i I . . Revised 7/19,2005 EXHIBIT "e" SELECTION PROCESS ATTACHMENT ('ustomer Outside 100 sq ft. of outside Entire Area Covered = -'-2 Walling Area waIlIng area = + 2 Some Area Covered = + 1 I (excludIng parkIng Seating for Customers = -'-2 space and land) . Secunty! Fencll1g No Damaged Areas = 0 Yard MotIOn Beams = +2 i i *D:J11l3gt' 15 areas that Jllo\'. Damaged Areas = -5 Recorded Video Camera I Un1Jltendcd In:ess lL) = +5 \"ChlCks I Hazardous Matenal Proper Storage & Improper Storage/ Item t Handler Pelmits Solid = -2: Liquid = -5 0 Tow Trucks MInImum of 3 CertIfied Additional Certified Class A . i Class A Trucks Trucks ... I I . . , 1-3=+2:4+=+5 . , Tow Truck Broken or Damaged Equipment = -1 per item MISSIng or l\on-Useable EqUipment i EqUlpment - 5 per item j Reqlllred EqUIpment *spccltlcd Llll Tow Truck Insol'ctlon GUIde. Pull Notices On File = 0 !\IISSIng = -5 per dnver I i I BUSIness Records On Site = 0 Readily AccessIble = +2 Not readily accessible = i i Immediate Retrieval of Records -5 '. . I . I i I Comments: I I I I I I -, i i Subtotal of Tow Service History Points l Subtotal of Facility Inspection Points 1 I Total Points I In Depth InvestIgation Conducted By: Print Name and Rank ReVIewed / Approved By: Print Name and Rank Revised 7/1 9/2005 EXHIBIT "D" EXHIBIT "D" City of San Bernardino Selection Process of Tow Carriers The attached documents are samples of those the SBPD proposes to use when positions become available for tow carriers to provide service to the City of San Bernardino. The documents are in order in which they will be used during the selection process. 1. The SBPD gives notice of an available tow carrier position via advertisement in a local newspaper. Channel 3 posting and notice to local Chamber of Commerce. ., Interested tow carriers request application packages through the SBPD Traffic Unit. 3. The SBPD Traffic Unit mails or gives an application package to the requesting tow carrier: a) Letter acknowledging request for package b) Tow Rotation List Application I Copy of current Agreement For Tow Services 4. Tow Carrier returns completed application by due date for consideration. 5. The SBPD reviews the returned application to ensure that the applicant meets the minimum criteria: a) Criteria met. letter sent to tow carrier b) Criteria not met. letter sent to tow carrier 6. Application package assigned for completion: a) Contact Government agencies to whom tow carrier provides service b) Business licensing c) Certificate of occupancy d) Hazmat handlers permits 7. Conduct inspection: a) Licensing I Hazmat requirements compliance b) Rate posting compliance c) Tow Service Agreement compliance d) Total point value calculated from selection process attachment 8. Completed application and inspection packages given to City Council for selection of tow carrier(s) with rankings based on total points. 9. Required documents filed for formal entry of an Agreement For Tow Service with selected tow carrier: a) Request for Council Action b) Drafted Resolution c) Agreement for Tow Services between the City of San Bernardino and tow carrier EXHIBIT "E" EXHIBIT "E" RIGHTS OF PERSONS WHOSE VEHICLES ARE TOWED AT THE REQUEST OF THE CITY OF SAN BERNARDINO (TO BE POSTED IN VISIBLE LOCATION Il\' TOWING CARRIER'S OFFICE) Tow operators who tow vehicles at the request of the City of San Bernardino operate under an Agreement for Tow Services with the City. The agreements require the tow operators to comply with certain rules and provides the following rights to the owner of a towed vehicle. The owners' rights are summarized as follows: 1. Notice to the registered and legal owners of the vehicle within 10 days of being towed of location of vehicles and charges. 2. Normal business hours are 8:00 a.m. to 5:00 p.m. Monday through Friday except recognized holidays of New Year's Day, Mar1in Luther King Day, Presidents' Day, Memorial Day. Independence Day, Labor Day, Veteran's Day. Thanksgiving Day and Christmas Day. 3. Business hours to be posted for viewing by the public. 4. Tow operators shall respond to after hours release within thirty minutes. 5. Tow operators shall accept all guaranteed forms of payment and widely accepted credrt cards without a surcharge. 6. If a stored or impounded vehicle is not released once proper documentation and identification are provided and all charges paid. further storage charges shall cease as of the date of presentation and payment. 7. Itemized invoices shall be provided. 8. Right to file a complaint with the City of San Bernardino. PROPOSED MODEL CONTRACT (EXISTING TOWING CARRIERS) AGREEMENT FOR TOW SERVICES 2 (EXISTING TOWING CARRIERS) 3 THIS AGREEMENT FOR TOW SERVICES entered into this _ day of 4 2005, by and between the City of San Bernardino ("City") and ("Towing Carrier") shall become 5 effective 6 The parties hereto agree as follows: 7 Towing Carrier hereby agrees to provide tow services to the City of San Bernardino 8 pursuant to terms and conditions contained in this Agreement. 9 1. Towing Carrier shall meet the following minimum requirements: 10 A. Have a minimum storage space for 200 vehicles with a minimum of twelve II 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; ] 4 C. Have no more than two telephone numbers listed with any City department; 15 D. Store towed vehicles in a safe and protected space where the vehicles and 16 their contents will not be accessible to thieves nor be damaged by activity in the Towing Carrier's 17 establishment or from the elements or by vandals; no vehicles shall be left parked or stored on the 18 public streets at anytime; in no event shall the city be liable for any theft, vandalism or damage 19 occurring to any such vehicle or its contents; 20 E. Post a tag on the windshield on all cars ordered impounded by the City; 21 F. Collect all towing or hauling and storage charges on each vehicle from the 22 owner; in no event shall the city be liable for any such charge; 23 G. Whenever a vehicle has been involved in an accident or a traffic violation, 24 and the owner or someone delegated by him is present and is capable of removing the vehicle from 25 the street with reasonable dispatch, and the vehicle is not needed for criminal evidence, City 26 and/or Towing Carrier shall permit the owner or his delegate to remove the vehicle or call a 27 Towing Carrier of his or her own choice to remove the same; provided, however, that if the street 28 cannot be cleared for safe public use with reasonable dispatch by the above method, and in all R LS/j~ [Tuwlng\Tl)wing. Agreement. EXisting I August 3. 2005 '1 situations other than above set forth, a Towing Carrier from the top of the rotation list will be called by the City; H. Furnish each owner with a fully itemized billing; I. Immediately after each towing operation, make a towing slip with the contents of each vehicle placed in his or her care itemized thereon as verified by the officer ordering the same and make the slip available to the City on request; J. Release no impounded vehicle without first having obtained a release from the City to do so; K. Agree to a rotation system established by the City; L. Comply with all rules, regulations and laws of the State of California, County of San Bernardino and City of San Bernardino; M. Have adequate equipment to handle calls from the city, impounds, and storage of motor vehicles; N. The carrier shall operate from a location within the City of San Bernardino, and all of the facilities necessary to comply with the provisions of this resolution shall be located within the City of San Bernardino: O. Carry a broom, trash can and sand, clean and remove broken glass, spilled oil, or gasoline from the area before departing, unless directed not to do so by police officers and/or designated City employees at the scene; P. Each Towing Carrier shall maintain insurance pursuant to the requirements set forth below. The City of San Bernardino shall be named as an additional insured on all policies including the workers compensation policies. Towing Carriers shall provide an endorsement to each policy showing the City as an additional insured: 1) The Towing Carrier shall maintain the following minimum levels of insurance from an insurance carrier admitted in California, or admitted in the state in which the Towing Carrier business IS located, and is authorized to do business in California: a) Minimum Level of Financial Responsibility (as required by 3 4 5 6 7 8 9 10 II 12 I3 14 15 16 17 18 19 20 21 y) 23 24 25 26 27 28 R LS/js [Towing\ Towing_ Agrc!:m\.'nl- E.\ Isl1 ngJ '1 August 3. 2IJ05 -, 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 Q. 21 22 23 24 25 26 27 28 Section 34631.5 of the California Vehicle Code) - Bodily injury and property damage with a combined single limit of not less than $750,000 for Class A tow trucks. These minimum standards are to include non-owned and hired auto coverage; b) Uninsured Motorist - Legal minimum, combined single limit; c) On-Hook Coverage/Cargo - Insuring the vehicle in tow with limits based on the size of the tow truck; and, d) Garage Liability/Garage Keeper's liability - Includes premises and operations. Coverage for bodily injury and property damage with a combined single limit of not less than $500,000; 2) Proof of insurance shall be in the form of a certificate of insurance. Policy expiration or cancellation will immediately nullify the Agreement for Tow Services between the Towing Carrier and the City. The Towing Carrier's insurance policy shall provide for not less than 30 days written notice to the City in the event the insurance policy is canceled or is due to expire; and, Tow vehicles shall be rated at a minimum of 14000 GVWR. (Class A) 1) Tow Truck and Car Carrier Classifications: Tow truck and car carrier classifications are based on the truck chassis Gross Vehicle Weight Rating (GVWR) and the classification system used by the American Trucking Association (AT A) and truck manufacturers; 2) Towing Limitations; a) The total weight of the truck, including the lifted load, shall fall within the GVWR and not exceed either the Front Axle Weight Ratings (FA WR) or Rear Axle Weight Ratings 3 August 1. 2005 RLS/js [TO\\Jng\Towlfig_Agreement-E:\I~tingl ') 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RLS/js [Tov.ing\Towing.Agreement~Exi~tingJ 3) (RA WR); b) All tow trucks and car carriers shall be equipped and in compliance with the most recent electronic version of the California Highway Patrol Tow Truck Inspection Guide (CHP 234B); and, c) The truck must meet all applicable state and/or federal standards; 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; 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); a) The structural design of the recovery equipment must have a higher load capacity than the performance ratings; b) Winches shall conform to or exceed the specifications set forth by the Recovery Equipment Rating (SAE) Handbook, SAE 1706; and, c) All ratings for cable and chain assemblies are for the undamaged assembly condition. All cable and chain assemblies should be the same type, construction, and rating as specified by the original equipment manufacturer (OEM) for the equipment; Control/Safety Labels: All controls shall be clearly marked to indicate proper operation, as well as any special warnings or 4) 5) 4 August 3. 2005 cautions; 2 Uniforms: City rotation tow drivers shall wear an identifiable uniform shirt displaying the Towing Carrier and driver's names while engaged in City rotation tow operations; and, Safety Vests: City rotation tow drivers shall wear a safety vest or reflectorizing clothing, meeting Occupational Safety and Health Administration (OSHA) requirements. Towing Carrier is not exempt from meeting legal requirements imposed by any city, county, State or Federal laws or regulations. An example of this is the Clean Water Act. Per Call Rotation System 2. The City shall establish a per call rotation system of qualified Towing Carriers who have entered into Agreements with the City for the performance of towing services in response to calls from the City. All departments of the City shall comply with the rotation system. 3. Towing Carrier shall comply with and qualify under all the minimum requirements set forth in this Agreement as a condition precedent to being eligible to be placed on the rotation 6) 3 4 5 6 7 8 9 10 11 12 13 14 15 7) . 16 list: 17 A. 18 19 20 21 22 23 24 25 26 27 28 The City shall maintain a rotation tow list for Class A tow trucks to ensure an equitable distribution of calls. Nothing in this Agreement for Tow Services shall prohibit the City from requesting a specific Towing Carrier when, in the on scene supervisor's opinion, the necessary resources to clear a hazard as expeditiously as possible are not available from the Towing Carrier currently at the top of the rotation tow list. If the City needs a tow vehicle that exceeds that of a Class A tow truck, the City may, in its discretion, contact a Towing Carrier with the size of tow truck needed. In such an instance, the Towing Carrier selected would be the next Towing Carrier on the list which has the qualifications (equipment, skills, timelines, etc.) to provide the required service. After the request, the selected Towing Carrier would then go to the bottom of the rotation tow list. Towing RLS/js [TowingITowlng.Agreemenl.Existlng] 5 August 3. 2005 '1 3 B. 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Carriers on the same list that were by-passed would remain in the same order until their selection for a rotation tow for which they are qualified; A call to a Towing Carrier shall constitute one turn on the list and the Towing Carrier shall be moved to the bottom of the list. This includes when the Towing Carrier fails to answer the phone, is unable to respond, is unable to perform the required service, refuses to respond or provide service, or is canceled due to excessive response time. If it is determined that the Towing Carrier is not needed and is canceled by the City, up to and including arrival at the scene and standby time which does not result in a tow, there shall be no charges and the Towing Carrier will be placed back at the top of the list; 1) If the Towing Carrier is canceled by the vehicle's registered owner or agent prior to the towing carrier taking possession of the vehicle, there shall be no charges for towing. The Towing Carrier shall immediately contact the City and advise them of the cancellation. The Towing Carrier will then be placed back at the top of the list; and, 2) If service, other than towing, recovery, and load salvage, has begun and is canceled by the vehicle's registered owner or agent, the Towing Carrier may charge one-half of the regular hourly service charge for the time expended on the call. For purposes of cancellation, service begins when physical work on the vehicle has begun, not the response. No lien shall arise for the service unless the Towing Carrier has presented a written statement to the vehicle's registered owner or agent for the signed authorization of services to be performed. The Towing Carrier shall not attempt to take possession of the vehicle in order to establish a lien for any non-towing services performed, or begun and subsequently 6 RLS/js [Towing\Towing.Agreement-Exisllng] August 3, 2005 canceled, when not entitled to such lien by law; ') C. If two or more Towing Carriers are called to the same incident, distribution 3 of the vehicles shall be at the discretion of the on-scene supervisor; 4 D. T owing Carriers shall have a minimum of three (3) verifiable years of for- S hire towing experience, as an owner or principal, prior to the final filing 6 date of an enrollment period in order to qualify for a rotation tow listing; 7 I) Towing Carriers and owners who do not meet the three year 8 verifiable for-hire towing experience may be considered for a 9 position on the City rotation tow list if a full-time manager who 10 possesses the required tow management experience is employed by II the Towing Carrier. An owner/Towing Carrier who releases 12 vehicles, completes lien sale paperwork, and other tow business 13 related documents for three years in the Towing Carrier, with the 14 qualified manager, will fulfill the three years for-hire towing 15 experience requirement; and, 16 4. Towing Carrier shall give or cause to be given written notice to the registered and 17 legal owners of each vehicle which is towed in conformity with the authorization and requirements 18 of this Agreement concerning the fact of such towing, the place at which such vehicle is stored and 19 the imposition of charges for towing, storage and related services whenever the Towing Carrier 20 knows or is able to ascertain from the registration records in the vehicle or from the registration 21 records of the Department of Motor Vehicles the name and address of the registered and legal 22 owners. The notice shall be given not more than ten (10) days from the date of the towing of the 23 vehicle by the Towing Carrier. 24 5. Every tow truck which is subject to the provisions of this Agreement and which by 25 Agreement responds to calls for service by the City, shall be clearly marked on both sides of the 26 cab with the name and telephone number of the Towing Carrier which operates the truck. 27 6. City shall enter into Agreements with Towing Carriers not to exceed one Towing 28 Carrier per 35,000 residents of the City. RLS/Js [Towing\Towing.Agrecmcnt-Exisling] 7 August 3. 2005 '} 7. This Agreement may be canceled by either party, without prejudice, upon thirty (30) days written notice to the other party. 8. Each month, Towing Carrier shall submit a list of all vehicles towed the previous month, including license plate numbers and vehicle identification numbers. 9. Towing Carrier shall charge for services on calls by the City in an amount not to exceed ten dollars ($10) above the hourly rate set by the California Highway Patrol: A. The rate for towing shall be computed from portal to portal. Time expended shall be charged at a rate not to exceed the hourly rate. Time expended in excess of the minimums shall also be at the hourly rate in no more than one-minute increments. There shall be no additional charges for mileage, labor, etc; 1) The Towing Carrier may charge up to a thirty-minute minimum per call for any service or tow which is performed when the vehicle operator or agent is present and the vehicle is not stored at the discretion of an officer; and, 2) The Towing Carrier may charge up to a one-hour minimum per call on responses which result in storage of a vehicle at the direction of an officer; B. Rates for a service call (out of gas, lockouts, tire changes, etc.) shall be from portal to end of service, and may be at the hourly rate with a thirty- minute minimum. Charges in excess of thirty-minutes may be charged in no more than one-minute increments; and, C. 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. 10. 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. 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RLS/Js [Towlng\TowIOg.Agrccmen!-Exlsting] 8 August 3. 2005 II. -, 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 -,- -) 26 27 12. A. Towing Carrier shall charge for services for storage at the rates set by the California Highway Patrol for this area; 1) Fees for inside storage shall be charged only when inside storage is requested by the City, registered owner, legal owner, insurance company, or when the inside storage can otherwise be justified by 2) the Towing Carrier; The Towing Carrier 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; B. Vehicles stored 24 hours or less shall be charged no more than one day storage; and. Storage of vehicles in combination may be charged a per vehicle rate except for dollies. con-gear, etc., Dollies and con-gear may be charged a storage rate not to exceed Class A storage fees; The approved schedule of rates charged by the Towing Carrier shall be 3) 4) available in the tow truck, and shall be presented upon demand to the persons for whom the tow services were provided, their agent, or any officer at the scene; c. Rate requirements represent the maximum a Towing Carrier may charge on a City call. A Towing Carrier is not precluded from charging less when deemed appropriate by the Towing Carrier. These requirements shall not be construed as requiring a charge if a Towing Carrier would not normally charge for such service; and, D. Towing Carrier or employee shall not refer to any rate as required or set by the City. In the event that a towed vehicle is forfeited by the owner in accordance with 28 Section 14607.6 of the California Vehicle Code, the proceeds of the sale of the vehicle shall be 9 August 3. 2005 RLS/jS [TOWIng\Towing,Agrecmcn[-Exi~tingl ') distributed pursuant to said section of said Code. 13. Towing Carrier shall be charged a franchise fee. No later than January 20 of each year, the police department shall determine the average monthly franchise fees based on a cost analysis and the average number oftows in the prior fiscal year. The Towing Carrier list will pay an equal share of the franchise fees on a monthly basis. This franchise fee shall be paid from the Towing Carrier profits and shall not be passed on to the vehicle owners. Should the total number of Towing Carriers on the rotation list change, the franchise fee will be adjusted accordingly among the Towing Carriers. Ten days notice shall be given to the participating Towing Carrier of any change in the amount to be paid to the City. 14. The Administrative fee set by Resolution of the Common Council will be collected by the San Bernardino Police Department. 15. A. The Towing Carrier shall ensure that tow truck drivers responding to calls initiated by the City are qualified and competent employees of the Towing Carrier's company. The Towing Carrier shall ensure that the tow truck drivers are trained and proficient in the use of the tow truck and related equipment, including, but not limited to, the procedures necessary for the safe towing and/or recovery of the various types of vehicles serviced through City rotation. Tow drivers shall perform all towing and recovery operations in the safest and most expedient manner possible. Tow truck drivers shall be at least 18 years of age and shall possess the proper class license and endorsements for the towed and towing vehicle; B. The Towing Carrier shall maintain a current list of drivers; and, C. All tow truck drivers and owner/Towing Carriers shall be enrolled in the Pull Notice Program; 1) Upon the addition of new drivers, a Towing Carrier will be granted a maximum of 30 days to enroll drivers in the Pull Notice Program; 2) Pull Notices shall be kept on file, signed, and dated by the Towing Carrier; and, 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RLS/js [Towing\TowingAgH::cment-Exi~ting! 10 August 3. 2005 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16. A. 3) The City may require a Towing Carrier to provide copies of Pull Notice Reports to the City. The Towing Carrier shall respond to calls 24 hours a day, seven days a week. Between 6:00 a.m. and 6:00 p.m., the response time shall be no more than twenty (20) minutes. Between 6:00 p.m. and 6:00 a.m. the response shall be no more than thirty (30) minutes. The Towing Carrier shall respond with a tow truck of the class required to tow the vehicle specified by the City. The Towing Carrier shall advise City dispatch, at the time of notification, if they are either unable to respond or unable to meet the maximum response time. If, after accepting the call, the Towing Carrier is unable to respond or will be delayed in responding, the Towing Carrier shall immediately notify the appropriate City department. The Towing Carrier shall not assign any calls to other Towing Carriers; 1) A failure to respond to perform the required towing or service and/or repeated failures to meet the maximum response time requirements shall constitute a failure to comply with the terms and conditions of this Resolution and the Agreement for Tow Services; 2) The City may take immediate disciplinary action for any violation of the requirement to respond within the maximum response time; and, 3) When a Towing Carrier will be temporarily unavailable to provide services due to a pre-planned or scheduled activity, the Towing Carrier shall notify the City at least 24 hours prior to the date that services will be unavailable, noting the times and dates of the unavailability; The Towing Carrier, or Towing Carrier'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 B. 11 August 3. 2005 RLS/jS [Towing\Towing Agreemenl-EXlslmg] '") 3 4 5 6 7 8 9 10 II 12 13 14 15 ]6 17 ] 8 19 20 2] '")'") 23 24 25 26 27 28 17. c. performed; and, Only the tow truck personnel and equipment requested shall respond to a City call. A Towing Carrier shall not respond to a City call assigned to another Towing Carrier unless requested to do so by the City; 1) This shall not preclude the Towing Carrier from responding to an incident to ascertain if additional assistance or equipment is required. There shall be no additional charge for any personnel or equipment that is not necessary to perform the required service; 2) There may be times when the Towing Carrier assigned the initial call may require the assistance of an additional Towing Carrier at the scene. The Towing Carrier assigned the initial call may, subject to prior Agreement with the City and with the concurrence of the on scene supervisor, request a specific Towing Carrier for assistance. The request shall be routed to the additional Towing Carrier through the City; and, 3) There may be times when a Towing Carrier, who was not called to a scene, comes upon a collision scene where a vehicle or vehicles are blocking a roadway and an officer requests assistance in clearing the roadway. In such a case, the Towing Carrier may be requested to move the vehicle to a safe location, as directed by the officer, and leave it. There shall be no charge for this assistance and the assistance provided shall not change the Towing Carrier's place in the rotation. The Towing Carrier shall be responsible for the security of vehicles and property at the place of storage. At a minimum, a fenced or enclosed area shall be provided. The Towing Carrier is responsible for the reasonable care, custody, and control of any property contained in towed or stored vehicles; A. 12 RLSI'js ITowing\TowmgAgrc\"'ml'nt-Exi'iting] AuguSl 3, 2005 1 2 3 4 5 6 7 8 9 10 II 12 13 [4 [5 16 17 18 19 20 21 22 23 24 25 26 27 28 B. The Towing Carrier shall obtain approval from the City pnor to the removal of any property from a stored or impounded vehicle and shall provide a receipt, with a copy placed in the stored vehicle. The requirement to obtain approval from the City prior to the removal of property may be excused by the City if it is determined that proper safeguards and procedures are utilized by the Towing Carrier; 1) This requirement may not be waived in cases where a vehicle has been impounded for evidence or investigation; 2) Upon approval from the City, the Towing Carrier shall release personal property from an impounded vehicle at the request of the vehicle registered owner or agent; a) There shall be no charge for the release of personal property during normal business hours. Towing Carrier may charge an after hours release fee for property released after normal business hours, consistent with the after-hours vehicle release provisions; and, 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 registered owner or agent. Responses are mandatory on weekends, holidays, and outside normal business hours, provided the vehicle's current registered owner or owner's authorized agent are available for return of personal property. Payment for an after-hour release of property may be required at the time of the release; and, 3) Cargo shall be released upon demand of the carrier or pursuant to a court order; The primary storage facility shall normally be at the same location as the c. 13 August 3, 2005 RLS/jS [Towmg\Towmg.Agreement.EXlstmgj ') 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 ')') "-- 23 24 25 26 27 28 business address. If not at the same location, there shall be no charge for any additional distance traveled to and from a secondary location. The vehicle and/or personal property shall 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 vehicle and/or property. 1) Prior to the utilization of new storage facilities that were not listed on the application for rotation tow listing, the Towing Carrier shall furnish the address and obtain the City's approval; and, Secondary storage facilities shall be located reasonably close to the 2) main business office; 3) All storage facilities shall meet all legal requirements for such D. facility; Towing Carrier's place of business shall have a sign that clearly identifies it to the public as a towing service. The sign shall have letters that are clearly visible to the public from the street. The sign shall be visible at night; E. For the purpose of this Agreement for Tow Services, "normal business hours" shall not be less than 8 a.m. to 5 p.m., Monday through Friday, except for the following recognized holidays: New Year's Day, Martin Luther King Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, day after Thanksgiving Day, and Christmas Day; Business hours shall be posted in plain view to the public. Offices staffed with only one employee may be closed for one hour at lunch. A sign shall be posted with the reason for closure. The sign shall have a phone number F. where a request will result in an immediate response to release property or vehicles. Response to the office shall be within the time frame required for tow response; RLS/js [Towing\Towing.Agreement-E\istlng] 14 August 3, 2005 G. 1 3 H. -+ 5 () ..., I s 9 10 11 12 13 1-+ ]5 16 ]7 IS 19 20 21 22 23 24 ,- -) 26 ...,..., -' 2S Employees shall be properly trained to conduct business transactions related to towing, storage, and release of vehicles/property; and, The City shall ensure that proper provisions are in place for the release of all impounded vehicles. Towing Carrier shall respond for after-hours release of \'ehicles when requested by the current registered owner or owner's authorized agent. I. The Towing Carrier shall accept all guaranteed forms of payment including, without limitation, money orders, certified checks, debit cards and all widely accepted credit cards. There shall be no surcharge for the use of a credit card. If the form of payment cannot be accepted by the Towing Carrier due to any failure by the Towing Carrier or Towing Carrier's J. payment processing equipment, Towing Carrier shall not charge storage fees beyond date of such failure. The Towing Carrier shall post in its office a list of rights of the owner of the vehicle under this Agreement for Tow Services. The rights are set forth on Exhibit E to this Resolution. K. A stored vehicle shall be released to the registered owner upon presentation of the registration and valid proof of identification and payment of all towing and storage charges. If the registration is not immediately available, the T O\ving Carrier shall obtain the registered owner's information from DMV records as soon as possible. If the Towing Carrier does not release the vehicle as required by this subsection, storage charges shall cease on the date of presentation of the documentation and payment of the accrued L. charges. An impounded vehicle shall be released to the person named in the Tow Release Form issued by the San Bernardino Police Department upon payment of towing and storage charges and presenting valid proof of identification. If the Towing Carrier does not release the vehicle as RLS/.1" [Towing\Towlng. r\~rt'emen:-E\l)tlng] 15 August 12. 2005 ^) 3 4 5 6 7 8 9 10 II 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 19. 18. B. A. required by the subsection, storage charges shall cease on the date of presentation of the documentation and payment of the accrued charges. The Towing Carrier shall maintain records of all tow services furnished. The records will be maintained at the Towing Carrier's place of business. Invoices shall at a minimum include a description of each vehicle, nature of service, start time, end time, location of call, itemized costs of towing and storage, the tow truck driver's name, and truck used; At the Towing Carrier's primary office, the Towing Carrier shall also maintain business records relating to personnel, insurance, personnel taxes, payroll, applicable operating authorities, local operating authorities, lien sale actions, Federal Communication Commission licensing, and non-City B. c. tows; The City may inspect all Towing Carrier records without notice during normal business hours; Towing Carrier shall permit the City to make copies of business records at its place of business, or to remove business records for the purpose of reproduction. The City shall provide a receipt for any (original) records removed from the place of business; Records shall be maintained and available for inspection for a period of two years plus the current term of this Agreement for Tow Services; and, Failure of the Towing Carrier to comply with the inspection requirements shall be cause for suspension. No Towing Carrier or applicant shall be directly involved in the towing- related business of any other Towing Carrier or applicant on the City's tow rotation; Storage facilities owned by a Towing Carrier, and shared with another Towing Carrier, shall only be approved if the owner/Towing Carrier charges for the space exclusively on a flat monthly rate rather than a D. E. F. A. 16 RLS/Js [TowingITowing.Agreement-Exlsting] August 3. 2005 ") 3 C. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vehicle-by-vehicle basis, or combination thereof. Facilities shared by Towing Carriers shall be physically separated and secured from each other; The sale or transfer of the controlling interest in a Towing Carrier shall immediately terminate this Agreement for Tow Services subject to the notice of change of ownership provision set forth below in this subsection. A sale or transfer of the controlling interest in a Towing Carrier is defined in Municipal Code Section 5.04.026 as follows: A. Any business registration certificate or any permit issued or granted pursuant to this title is a privilege to be held by the original permittee or certificate holder thereof. It cannot be sold, transferred, assigned or disposed of, in whole or in part, or by voluntary sale, merger, consolidation or otherwise. 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 (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. A new owner may apply for a rotation tow listing at any time during the remainder of the current Agreement for Tow Services term. However, the open positions on the City's tow rotation will also be opened for applications from other qualified Towing Carriers. Termination for this reason is exempt from the 30 day notice of cancellation 17 RLS/js [Towing\Towing,Agreement-Existing] August 3. 2005 set forth in other provisions of this Resolution. Also refer to requirements 2 in Resolution No. required of new tow services Towing Carriers 3 who wish to apply to the City's tow rotation. The City through its Police 4 Department, shall be notified no later than seven (7) days after a change of 5 ownership in a Towing Carrier on its tow service rotation. Notice shall be 6 given to the Traffic Sergeant at the Police Department. If the City is not so 7 notified within the seven day period, the termination takes effect 8 immediately at the end of the seven day period. If the City is notified of the 9 change of ownership within the seven day period, the Agreement for Tow 10 Services may be assigned or transferred to the new owner. This assignment II or transfer shall be on an interim basis until the selection process of the 12 replacement Towing Carrier(s) takes place. In no event, shall assignment 13 or transfer exceed 60 days. The Towing Carrier under new ownership must 14 meet the minimum qualifications in Resolution No. _ to be placed on the 15 City's tow rotation; and, 16 D. A terminated or suspended Towing Carrier, and/or the Towing Carrier 17 business owner at the time of the suspension or termination, shall not be 18 eligible for a rotation listing for ihe duration of the suspension or 19 termination. This provision applies to the Towing Carrier working in any 20 capacity within any tow business or operating any tow business, and to the 21 tow business, even if operated under new ownership. This provision does 22 not apply to Section 19(C) regarding termination due to a change in 23 ownership. 24 20. The City shall conduct, at a minimum, one annual meeting to discuss issues 25 concerning the tow rotation. All meetings shall be mandatory for the Towing Carrier or Towing 26 Carrier's designee wishing to remain on rotation. The City shall give the Towing Carrier 30 days 27 written notice of these meetings. 28 21. A. While involved in City rotation tow operations or related business, the RLS/js [Towing\Towlng.Agreement-Existing] 18 August 3, 2005 ') 3 4' 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 22. B. Towing Carrier and/or employees shall refrain from any acts of misconduct including, but not limited to, any of the following: 1) Rude or discourteous behavior; 2) Lack of service, selective service, or refusal to provide service which the Towing Carrier is/should be capable of performing; 3) Any act of sexual harassment or sexual impropriety; 4) Unsafe driving practices; 5) Exhibiting any objective symptoms of alcohol and/or drug use; or, 6) Appearing at the scene of a City rotation tow call with the odor of an alcoholic beverage emitting from the Towing Carrier's employee's breath. The Towing Carrier/tow truck driver shall submit to a preliminary alcohol screening test upon demand of the City; All City related tow service complaints received by the City against a Towing Carrier or Towing Carrier employees will be accepted and investigated in a fair and impartial manner. The Towing Carrier will be notified of the results of any investigation; and, Should the filing of criminal charges be a possibility, the City will conduct the investigation to conclusion or assist the lead investigation agency and, if warranted, request prosecution. The Towing Carrier and employees shall, at all times, comply with federal, state, and local laws and ordinances; 1) In the event of a minor traffic violation by a tow truck driver which is known by the City, the Towing Carrier shall be advised of the violation by the City. The Towing Carrier will be granted the opportunity to take necessary steps to ensure that the driver complies with the law. Any subsequent traffic violations may be cause for disciplinary action against the Towing Carrier and/or the c. A. 19 August 3. 2005 RLS/js [Towing\Towing.Agreement-Exisling] '1 3 4 5 6 7 8 9 10 II 12 13 14 IS 16 17 18 19 20 21 '1'1 ~... 'Y" _J 24 25 26 27 28 B, c. 23. 2) involved employees; and, Any flagrant traffic violation may be cause for immediate disciplinary action against the Towing Carrier and/or the involved employees; The provisions contained in any compliance with law provisions in this Agreement do not preclude the City from taking appropriate enforcement D. or administrative action for any violations of law. Complaints for violations of the law not normally investigated by City will be referred to the agency with investigation jurisdiction; Any conviction of the Towing Carrier or employee involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a drug-related offense, felony driving while under the influence of alcohol and/or a drug, misdemeanor driving while under the influence of alcohol and/or a drug, or moral turpitude while involved in a City rotation tow call shall be cause for removal of the employee from the list of current City rotation tow truck drivers, denial of Towing Carrier application, or termination of the Agreement for Tow Services; and, A Towing Carrier or employee arrested/charged for a violation involving any of the above crimes may be suspended until the case is adjudicated. The City shall take disciplinary action against Towing Carriers for A. violations investigated and confirmed or sustained. Unless otherwise noted, the City shall determine the period of suspension. The City shall retain B. C. discretion regarding the length of any suspension imposed pursuant to the terms and conditions of this Agreement for Tow Services; Records of violations shall be retained by the City for at least 36 months; A violation of the equipment requirements related to safety shall be cause for immediate suspension. The suspension will remain in effect until the RLS/js [Towing\Towing.Agreement-Existing] 20 August 3. 2005 1 ') 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D. period of suspension is completed and the City has conducted an inspection and concluded the Towing Carrier is in compliance; A violation of the GVWR and safe loading requirements of a tow truck may be cause for immediate suspension. This includes exceeding the tow truck's GVWR, front axle weight rating, rear axle weight rating, maximum tire weight ratings, or not maintaining 50 percent of the tow truck's unladen front axle weight on the front axle when in tow; A violation of intentionally overcharging or a pattern of overcharging shall be cause for suspension. The suspension will remain in effect until the period of suspension is completed and the Towing Carrier has presented proof to the City that reimbursement has been made to the aggrieved customer; City personnel shall not be offered gratuities, and requests for gratuities shall not be honored by Towing Carriers, employees, or associates of the Towing Carrier. A violation of this section shall be cause for suspension or termination; Failure of the Towing Carrier to satisfy a court order mandating reimbursement to the vehicle owner or property owner for the damage or loss which occurred while the vehicle was in the Towing Carrier's custody will result in a suspension. The suspension will remain in effect until the period of suspension is completed and the Towing Carrier has presented proof of the reimbursement; Failure of the Towing Carrier to comply with the inspection requirements of this Agreement for Tow Services will result in a suspension. The suspension will remain in effect until the period of suspension is completed and the Towing Carrier has complied with the inspection requirement; Failure of the Towing Carriers to send tow truck drivers who are qualified and competent employees on City calls shall be cause for suspension. The E. F. G. H. I. 21 August 3. 2005 R LS/js [Towing\ Tov.;mg_Agreemcnt - Exi\ting 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 T) 23 24 25 26 27 28 24. 1. suspension will remain in effect until the period of suspension is completed and the Towing Carrier has presented proof to the City that the driver is qualified and competent; Failure of the Towing Carrier to maintain the mllllmum insurance requirements set forth in the Agreement for Tow Services will immediately nullify the Agreement for Tow Services. The Towing Carrier will be subject to an additional suspension for failure to notify the City in advance of the insurance policy expiration or cancellation; and, Failure of the Towing Carrier or employee to comply with law provisions, Demeanor and Conduct and/or compliance with law provisions may be cause for suspension if deemed appropriate by the City. Minor violations of the terms and conditions of the Agreement for Tow Services may be cause for disciplinary action in the following manner: 1. First violation within a 12 month period - letter of written reprimand; 2. Second violation within a 12 month period - 1 to 30 day suspension; 3. Third violation within a 12 month period - 60 to 90-day suspension; and, 4. Fourth violation within a 12 month period - termination of the Agreement for Tow Services. Note: In lieu of termination, the City may impose additional suspensions for longer periods, if deemed appropriate; Violations of the terms and conditions of the Agreement for Tow Services that are subject to suspension for the first violation are categorized as major violations. Any subsequent or continuing major violation may be cause for termination; 1. When considering punitive action for a major violation of the Agreement for Tow Services, the City may take into consideration K. A. B. 22 August 3.2005 R LS/js lTowing\T owing. A ~reemcnt" EXisting] 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c. 25. A. all major and minor violations that occurred within 36 months prior to the date of the current violations; and, 2. Termination shall be invoked if, in the City's judgment, continued participation in the Rotation Tow Program by the affected Towing Carrier may result in a hazard to public safety and/or welfare, or the Towing Carrier has been convicted of a crime listed in paragraph 22C; and, Nothing herein shall be deemed to prohibit the City from immediately suspending any Towing Carrier or employee whose conduct, in the opinion of the City, is deemed to be a danger to the motoring public or who has engaged in conduct constituting a flagrant violation of the Agreement for Tow Services. In the event the City serves the Towing Carrier with disciplinary action, the Towing Carrier may request a hearing within seven calendar days by submitting a request in writing to the Traffic Sergeant at the Police Department. If a hearing is requested, it shall be held as soon as practible. The hearing shall be conducted by the Traffic Sergeant or designee, and the Towing Carrier shall be entitled to present all relevant facts and circumstances in support of the Towing Carrier's position. The Towing Carrier shall be further entitled to present testimony of at least one qualified person. The Towing Carrier shall be notified in writing of the Traffic Sergeant's decision(s) within ten business days of the date of completion of the hearing; Following a hearing, if the Towing Carrier is dissatisfied with the Traffic Sergeant's decision(s), the Towing Carrier may appeal by submitting a request in writing to the City Clerk, pursuant to Municipal Code Chapter 2.64, and paying any applicable fees; and, A suspension shall not take effect until the hearing and appeal process has B. c. RLS/js lTo\\.ing\Towing.Agreemcnt-Existing] 23 August 3. 2005 been exhausted, with the exception of Towing Carriers whose conduct is 2 deemed to be a danger to the motoring public or who clmtinue to violate the 3 terms and conditions of this Agreement for Tow Services. If a Towing 4 Carrier fails to request a hearing or appeal, the action taken L)Y the City shall 5 be final, and the suspension shall take effect upon written noti,~ication to the 6 Towing Carrier by the City. 7 26. The Towing Carrier shall not display any sign or engage in any advenisement 8 indicating an official or unofficial connection with the City or Department of Motor Vehicles. 9 27. Either party may cancel this Agreement for Tow Services by giving 30 days written ] 0 notice to the other party. Cancellation shall not be subject to the appeals provisions of Resolution 1] No. _ and this Agreement for Tow Services. 12 28. Upon reasonable advance written notice, City shall have the right to review and 13 audit the books of Towing Carrier's place of business and during business hours. 14 29. The parties understand and agree that this Agreement grants Towing Carrier a non- 15 exclusive franchise. 16 30. Towing Carrier shall also comply with all provisions of the Resolution of the Mayor 17 and Common Council of the City of San Bernardino Establishing Standard Criteria for Companies 18 to Provide Tow Services for the City of San Bernardino as said Resolution exists and/or as said 19 Resolution may be amended from time to time. 20 31. This Agreement represents the entire Agreement between the City and the Towing 2 r Carrier and fully supersedes any and all previous Agreements entered into by and between the City 22 of San Bernardino and 23 32. Any notice to be given pursuant to this Agreement by either party to the other shall 24 de deposited with the United States Postal Service, postage prepaid, and addressed as follows: 25 To the City: City Administrator 26 300 North "D" Street 27 San Bernardino, CA 92418 28 RLS/jS [Towlng\Towing.Agreement-Exi,ting] 24 August 3. 2005 To Towing Carrier: ') 3 4 Nothing in this paragraph shall be construed to prevent the giving of notice by personal 5 serv ice. 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and CITY OF SAN BERNARDINO By: Mayor Judith Valles TOWING CARRIER By: Print Name: 15 16 Approved as to Form and Legal Content: 17 18 19 JAMES F. PENMAN City Attorney 20 l !l 7 - I, (...~~__ 21 22 23 24 25 26 27 28 RLS/JS [Towing\Towing_Agreemcnt-Existing] 25 August 3. 2005 PROPOSED MODEL CONTRACT (NEW TOWIl\'G CARRIERS) '") AGREEMENT FOR TOW SERVICES (NEW TOWING CARRIERS) THIS AGREEMENT FOR TOW SERVICES entered into this _ day of 2005, by and between the City of San Bernardino ("City") and ("Towing Carrier") shall become effective The parties hereto agree as follows: Towing Carrier hereby agrees to provide tow services to the City of San Bernardino pursuant to terms and conditions contained in this Agreement. 1. Towing Carrier shall meet the following minimum requirements: A. Have a minimum outside storage space of 65,000 square feet capable of storing at least 200 vehicles. B. Minimum inside storage space of 2000 square feet capable of storing at least five (5) automobiles. C. Security fencing around the entire outside storage space. D. Monitored alarm system - If the outside storage space is not alarmed, the inside storage must be. E. Minimum of three Class A tow trucks. F. Current City Business License. G. Certificate of Occupancy. H. Hazardous Material Handler's Permit. I. Have either an inside or outside customer waiting area for at least five customers of 100 square feet. The outside waiting area shall exclude parking and landscape areas. J. Have a minimum of three years of for-hire towing experience as an owner/principal or have a qualified manager with the experience. K. Have an attendant on call twenty-four (24) hours a day, seven days a week 3 4 5 6 7 8 9 10 II 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 at place of business. 27 L. Have no more than two telephone numbers listed with any City department. 28 RLS/js (Tov..'ing\TowingAgrcement-Ncw) AuguSl 3. 2005 M. Store towed vehicles in a safe, lighted and protected space where the 2 vehicles and their contents will not be accessible to thieves nor be damaged by activity in the 3 carrier establishment or from the elements or by vandals; no vehicles shall be left parked or stored 4 on the public streets at anytime; in no event shall the city be liable for any theft, vandalism or 5 damage occurring to any such vehicle or its contents. 6 N. Post a tag on the windshield on all cars ordered impounded by the City. 7 O. Collect all towing or hauling and storage charges on each vehicle from the 8 owner; in no event shall the city be liable for any such charge. 9 P. Whenever a vehicle has been involved in an accident or a traffic violation, 10 and the owner or someone delegated by him is present and is capable of removing the vehicle from 11 the street with reasonable dispatch, and the vehicle is not needed for criminal evidence, City 12 and/or towing carrier shall permit the owner or his delegate to remove the vehicle or call a towing 13 company of his or her own choice to remove the same; provided, however, that if the street cannot 14 be cleared for safe public use with reasonable dispatch by the above method, and in all situations 15 other than above set forth, a towing carrier from the top of the rotation list will be called by the 16 City. 17 Q. Furnish each owner with a fully itemized billing. 18 R. Immediately after each towing operation, make a towing slip with the 19 contents of each vehicle placed in his or her care itemized thereon as verified by the officer 20 ordering the same and make the slip available to the City on request. 21 S. Release no impounded vehicle without first having obtained a release from 22 the City to do so. 23 T. Agree to a rotation system established by the City. 24 U. Comply with all rules, regulations and laws of the State of California, 25 County of San Bernardino and City of San Bernardino. 26 V. Have adequate equipment to handle calls from the city, impounds, and 27 storage of motor vehicles. 28 W. The carrier shall operate from a location within the City of San Bernardino, RLS/jS [Towing\Towing Agreement-New] 2 August 3. 2005 and all of the facilities necessary to comply with the provisions of this resolution shall be located 2 \\ ithin the City of San Bernardino. 3 X. Carry a broom, trash can and sand, clean and remove broken glass, spilled 4 oil, or gasoline from the area before departing, unless directed to not do so by police officers 5 and/or designated City employees at the scene. 6 Y. Each tow carrier shall maintain insurance pursuant to the requirements set 7 forth belol\. The City of San Bernardino shall be named as an additional insured on all policies 8 including the \\orkers compensation policies. Tow carriers shall provide an endorsement to each 9 policy show in: the City as an additional insured. 10 1. The operator shall maintain the following minimum levels of 11 insurance from an insurance carrier admitted in California, or 12 admitted in the state in which the operator's business is located, and 13 is authorized to do business in California: 14 a) Minimum Level of Financial Responsibility (as required by 15 Section 34631.5 of the California Vehicle Code) - Bodily 16 injury and property damage with a combined single limit of 17 not less than $750,000 for Class A tow trucks. These 18 minimum standards are to include non-owned and hired auto 19 coverage. 20 b) L.linsured Motorist - Legal minimum, combined single 21 limit d) On-He lk Coverage/Cargo - Insuring the vehicle in tow with limits ba:":J on the size of the tow truck. Garage Li'bility/Garage Keeper's liability - Includes premises and operations. Coverage for bodily injury and property damage with a combined single limit of not less than $500,000. Proof of insurance shall be l'1 the form of a certificate of insurance. 22 23 24 25 26 27 28 c) 2. RLS/J5 [TowmgITowingAgrecment.New] 3 August 3. 2005 ') 3 4 5 6 Z. 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Policy expiration or cancellation will immediately nullify the Agreement for Tow Services between the carrier and the City. The operator's insurance policy shall provide for not less than 30 days written notice to the City in the event the insurance policy is canceled or is due to expire. Tow vehicles shall be rated at a minimum of 14000 GVWR. (Class A) 1. Tow Truck and Car Carrier Classifications: Tow truck and car carrier classifications are based on the truck chassis Gross Vehicle Weight Rating (GVWR) and the classification system used by the American Trucking Association (AT A) and truck manufacturers. 2. Towing Limitations: a) The total weight of the truck, including the lifted load, shall fall within the GVWR and not exceed either the Front Axle Weight Ratings (FA WR) or Rear Axle Weight Ratings (RA WR). b) All tow trucks and car carriers shall be equipped and in compliance with the most recent electronic version of the California Highway Patrol Tow Truck Inspection Guide (CHP 234B). c) The truck must meet all applicable state and/or federal standards. 3. 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. 4. 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 4 August 3. 2005 RLS/js [TowingITowlng.Agreement-Ncw] ') with the load lines vertical and the lifting cables sharing the load equally, measured with a live load (weight or load cell). a) The structural design of the recovery equipment must have a higher load capacity than the performance ratings. b) Winches shall conform to or exceed the specifications set forth by the Recovery Equipment Rating (SAE) Handbook, SAE 1706. c) All ratings for cable and chain assemblies are for the undamaged assembly condition. All cable and chain assemblies should be the same type, construction, and rating as specified by the original equipment manufacturer (OEM) for the equipment. 5. Control/Safety Labels: All controls shall be clearly marked to indicate proper operation, as well as any special warnings or cautions. 6. Uniforms: City rotation tow drivers shall wear an identifiable uniform shirt displaying the company and driver's names while engaged in City rotation tow operations. 7. Safety Vests: City rotation tow drivers shall wear a safety vest or reflectorizing clothing, meeting Occupational Safety and Health Administration (OSHA) requirements. AA. The City may grant additional points or deduct points as set forth in Exhibit B to Resolution No. BB. No tow carrier is exempt from meeting legal requirements imposed by any city, county, State or Federal laws or regulations. An example of this is the Clean Water Act. Per Call Rotation System 2. The City shall establish a per call rotation system of qualified Towing Carriers who 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RLSlj", [Towlng\To\l,"ing.Agreement-Nev..J 5 August 3. 2005 '") have entered into Agreements with the City for the performance of towing services in response to calls from the City. All departments of the City shall comply with the rotation system. 3. Towing Carrier shall comply with and qualify under all the minimum requirements set forth in this Agreement as a condition precedent to being eligible to be placed on the rotation 3 4 5 list: 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 A. The City shall maintain a rotation tow list for Class A tow trucks to ensure an equitable distribution of calls. Nothing in this Agreement for Tow Services shall prohibit the City from requesting a specific Towing Carrier when, in the on scene supervisor's opinion, the necessary resources to clear a hazard as expeditiously as possible are not available from the Towing Carrier currently at the top of the rotation tow list. If the City needs a tow vehicle that exceeds that of a Class A tow truck, the City may, in its discretion, contact a Towing Carrier with the size of tow truck needed. In such an instance, the Towing Carrier selected would be the next Towing Carrier on the list which has the qualifications (equipment, skills, timelines, etc.) to provide the required service. After the request, the selected Towing Carrier would then go to the bottom of the rotation tow list. Towing Carriers on the same list that were by-passed would remain in the same order until their selection for a rotation tow for which they are qualified; B. A call to a Towing Carrier shall constitute one turn on the list and the Towing Carrier shall be moved to the bottom of the list. This includes when the Towing Carrier fails to answer the phone, is unable to respond, is unable to perform the required service, refuses to respond or provide service, or is canceled due to excessive response time. If it is determined that the Towing Carrier is not needed and is canceled by the City, up to and including arrival at the scene and standby time which does not result in a tow, there shall be no charges and the Towing Carrier will be placed back at the top of the list; RLS/Js [Towing\Towing.Agrccmcnt-r\l.:w] 6 August 3. 2005 '1 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 '1'1 23 24 ,- .:.) 26 27 1) If the Towing Carrier is canceled by the vehicle's registered owner or agent prior to the towing carrier taking possession of the vehicle, there shall be no charges for towing. The Towing Carrier shall immediately contact the City and advise them of the cancellation. The Towing Carrier will then be placed back at the top of the list; and, If service, other than towing, recovery, and load salvage, has begun and is canceled by the vehicle's registered owner or agent, the Towing Carrier may charge one-half of the regular hourly service charge for the time expended on the call. For purposes of cancellation, service begins when physical work on the vehicle has begun, not the response. No lien shall arise for the service unless the Towing Carrier has presented a written statement to the vehicle's registered owner or agent for the signed authorization of services to be performed. The Towing Carrier shall not attempt to take possession of the vehicle in order to establish a lien for any non-towing services performed, or begun and subsequently canceled, when not entitled to such lien by law; 2) c. If two or more Towing Carriers are called to the same incident, distribution of the vehicles shall be at the discretion of the on-scene supervisor; D. Towing Carriers shall have a minimum of three (3) verifiable years of for- hire towing experience, as an owner or principal, prior to the final filing date of an enrollment period in order to qualify for a rotation tow listing; I) Towing Carriers and owners who do not meet the three year verifiable for-hire towing experience may be considered for a position on the City rotation tow list if a full-time manager who 28 the Towing Carrier. An owner/Towing Carrier who releases possesses the required tow management experience is employed by RLS/I~ IT{l\"lng\Tov.mg.Agreemeo(-~i:w] 7 Au~ust), 2005 '") vehicles, completes lien sale paperwork, and other tow business related documents for three years in the Towing Carrier, with the qualified manager, will fulfill the three years for-hire towing experience requirement; and, 4. Towing Carrier shall give or cause to be given written notice to the registered and legal owners of each vehicle which is towed in conformity with the authorization and requirements of this Agreement concerning the fact of such towing, the place at which such vehicle is stored and the imposition of charges for towing, storage and related services whenever the Towing Carrier knows or is able to ascertain from the registration records in the vehicle or from the registration records of the Department of Motor Vehicles the name and address of the registered and legal owners. The notice shall be given not more than ten (10) days from the date of the towing of the vehicle by the Towing Carrier. 5. Every tow truck which is subject to the provisions of this Agreement and which by Agreement responds to calls for service by the City, shall be clearly marked on both sides of the cab with the name and telephone number of the Towing Carrier which operates the truck. 6. City shall enter into Agreements with Towing Carriers not to exceed one Towing Carrier per 35,000 residents of the City. 7. This Agreement may be canceled by either party, without prejudice, upon thirty (30) days written notice to the other party. 8. Each month, Towing Carrier shall submit a list of all vehicles towed the previous month, including license plate numbers and vehicle identification numbers. 9. Towing Carrier shall charge for services on calls by the City in an amount not to exceed ten dollars ($10) above the hourly rate set by the California Highway Patrol: A. The rate for towing shall be computed from portal to portal. Time expended shall be charged at a rate not to exceed the hourly rate. Time expended in excess of the minimums shall also be at the hourly rate in no more than one-minute increments. There shall be no additional charges for mileage, labor, etc; 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 '")'") 23 24 25 26 27 28 RLS/j<., [Towing\Towing.Agrt'cmt:nt-I\L'w] 8 August 3. 200S '"l 1) The Towing Carrier may charge up to a thirty-minute minimum per call for any service or tow which is performed when the vehicle operator or agent is present and the vehicle is not stored at the discretion of an officer; and, 2) The Towing Carrier may charge up to a one-hour minimum per call on responses which result in storage of a vehicle at the direction of an officer; B. Rates for a service call (out of gas, lockouts, tire changes, etc.) shall be from portal to end of service, and may be at the hourly rate with a thirty- minute minimum. Charges in excess of thirty-minutes may be charged in no more than one-minute increments; and, C. 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. 10. 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. 11. A. T owing Carrier shall charge for services for storage at the rates set by the California Highway Patrol for this area; 1) Fees for inside storage shall be charged only when inside storage is requested by the City, registered owner, legal owner, insurance company, or when the inside storage can otherwise be justified by the Towing Carrier; 2) The Towing Carrier 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 3 4 5 6 7 8 9 10 I I 12 J3 14 15 16 17 18 19 20 21 ')'"l 23 24 25 26 27 28 RLS/Js [Towing\TowingAgreemenl.New] 9 August 3. 2005 day storage; and, 2 4) Storage of vehicles in combination may be charged a per vehicle 3 rate except for dollies, con-gear, etc., Dollies and con-gear may be 4 charged a storage rate not to exceed Class A storage fees; 5 B. The approved schedule of rates charged by the Towing Carrier shall be 6 available in the tow truck, and shall be presented upon demand to the 7 persons for whom the tow services were provided, their agent, or any 8 officer at the scene; 9 C. Rate requirements represent the maximum a Towing Carrier may charge on 10 a City call. A Towing Carrier is not precluded from charging less when 1 I deemed appropriate by the Towing Carrier. These requirements shall not 12 be construed as requiring a charge if a Towing Carrier would not normally 13 charge for such service; and, 14 D. Towing Carrier or employee shall not refer to any rate as required or set by IS the City. 16 12. In the event that a towed vehicle is forfeited by the owner in accordance with 17 Section 14607.6 of the California Vehicle Code, the proceeds of the sale of the vehicle shall be 18 distributed pursuant to said section of said Code. 19 13. Towing Carrier shall be charged a franchise fee. No later than January 20 of each 20 year, the police department shall determine the average monthly franchise fees based on a cost 21 analysis and the average number oftows in the prior fiscal year. The Towing Carrier list will pay 22 an equal share of the franchise fees on a monthly basis. This franchise fee shall be paid from the 23 Towing Carrier profits and shall not be passed on to the vehicle owners. Should the total number 2-i of Towing Carriers on the rotation list change, the franchise fee will be adjusted accordingly 25 among the Towing Carriers. Ten days notice shall be given to the participating Towing Carrier 26 of any change in the amount to be paid to the City. 27 14. The Administrative fee set by Resolution of the Common Council will be collected 28 by the San Bernardino Police Department. RLS/Js [To\\'mg\To\\'mg.Agreemen[.~'k\\'] 10 August 3. 2005 15. A. .., 3 4 5 6 7 8 9 10 I I 12 13 14 15 16 I7 18 19 20 21 16. A. 22 23 24 25 26 27 28 B. C. The Towing Carrier shall ensure that tow truck drivers responding to calls initiated by the City are qualified and competent employees of the TO\ving Carrier's company The Towing Carrier shall ensure that the tow truck drivers are trained and proficient in the use of the tow truck and related equipment, including, but not limited to, the procedures necessary for the safe towing and/or recovery of the various types of vehicles serviced through City rotation. Tow drivers shall perform all towing and recovery operations in the safest and most expedient manner possible. Tow truck drivers shall be at least 18 years of age and shall possess the proper class license and endorsements for the towed and towing vehicle; The Towing Carrier shall maintain a current list of drivers; and, All tow truck drivers and owner/Towing Carriers shall be enrolled in the Pull Notice Program; 1) Upon the addition of new drivers, a Towing Carrier will be granted a maximum of 30 days to enroll drivers in the Pull Notice Program; 2) Pull Notices shall be kept on file, signed, and dated by the Towing Carrier; and, 3) The City may require a Towing Carrier to provide copies of Pull Notice Reports to the City. The Towing Carrier shall respond to calls 24 hours a day, seven days a week. Between 6:00 a.m. and 6:00 p.m., the response time shall be no more than twenty (20) minutes. Between 6:00 p.m. and 6:00 a.m. the response shall be no more than thirty (30) minutes. The Towing Carrier shall respond with a tow truck of the class required to tow the vehicle specified by the City. The Towing Carrier shall advise City dispatch, at the time of notification, if they are either unable to respond or unable to meet the maximum response time. If, after accepting the call, the Towing Carrier is unable to respond or will be delayed in responding, the Towing 1 I August 3. 2005 RLS/js [Towing\Towmg,Agreement.Newl , 3 4 5 6 7 8 9 10 II 12 13 14 IS 16 17 18 19 20 21 '"), 23 24 25 26 27 28 B. Carrier shall immediately notify the appropriate City department. The Towing Carrier shall not assign any calls to other Towing Carriers; I) A failure to respond to perform the required towing or service and/or repeated failures to meet the maximum response time requirements shall constitute a failure to comply with the terms and conditions of this Resolution and the Agreement for Tow Services; 2) The City may take immediate disciplinary action for any violation of the requirement to respond within the maximum response time; and, 3) When a Towing Carrier wiIl be temporarily unavailable to provide services due to a pre-planned or scheduled activity, the Towing Carrier shall notify the City at least 24 hours prior to the date that services will be unavailable, noting the times and dates of the unavailability; The Towing Carrier, or Towing Carrier's employees responding to a cal1, shall perform the towing or service required for which they were cal1ed unless the requested equipment is inadequate for the service to be performed; and, Only the tow truck personnel and equipment requested shall respond to a City call. A Towing Carrier shall not respond to a City call assigned to another Towing Carrier unless requested to do so by the City; 1) This shall not preclude the Towing Carrier from responding to an incident to ascertain if additional assistance or equipment is required. There shall be no additional charge for any personnel or equipment that is not necessary to perform the required service; 2) There may be times when the Towing Carrier assigned the initial call may require the assistance of an additional Towing Carrier at the scene. The Towing Carrier assigned the initial call may, subject c. 12 August 3. 2005 RLS/js [TOWlOg\Towing.Agrecment-New] '1 :3 4 5 6 7 8 9 10 11 12 J3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17. A. to prior Agreement with the City and with the concurrence of the on scene supervisor, request a specific Towing Carrier for assistance. The request shall be routed to the additional Towing Carrier through the City; and, 3) There may be times when a Towing Carrier, who was not called to a scene, comes upon a collision scene where a vehicle or vehicles are blocking a roadway and an officer requests assistance in clearing the roadway. In such a case, the Towing Carrier may be requested to move the vehicle to a safe location, as directed by the officer, and leave it. There shall be no charge for this assistance and the assistance provided shall not change the Towing Carrier's place in the rotation. The Towing Carrier shall be responsible for the security of vehicles and property at the place of storage. At a minimum, a fenced or enclosed area shall be provided. The Towing Carrier is responsible for the reasonable care, custody, and control of any property contained in towed or stored vehicles; The Towing Carrier shall obtain approval from the City prior to the removal of any property from a stored or impounded vehicle and shall provide a receipt, with a copy placed in the stored vehicle. The requirement to obtain approval from the City prior to the removal of property may be excused by the City if it is determined that proper safeguards and procedures are utilized by the Towing Carrier; 1) This requirement may not be waived in cases where a vehicle has been impounded for evidence or investigation; 2) Upon approval from the City, the Towing Carrier shall release personal property from an impounded vehicle at the request of the vehicle registered owner or agent; B. 13 August 3, 2005 RLS/Js [Towing\Towlng.Agreemcn[-l\l'w) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 '")'") 23 24 25 26 27 28 c. a) There shall be no charge for the release of personal property during normal business hours. Towing Carrier may charge an after hours release fee for property released after normal business hours, consistent with the after-hours vehicle release provisions; and, 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 registered owner or agent. Responses are mandatory on weekends, holidays, and outside normal business hours, provided the vehicle's current registered owner or owner's authorized agent are available for return of personal property. Payment for an after-hour release of property may be required at the time of the release; and, 3) Cargo shall be released upon demand of the carrier or pursuant to a court order; The primary storage facility shall normally be at the same location as the business address. If not at the same location, there shall be no charge for any additional distance traveled to and from a secondary location. The vehicle and/or personal property shall 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 vehicle and/or property. 1) Prior to the utilization of new storage facilities that were not listed on the application for rotation tow listing, the Towing Carrier shall furnish the address and obtain the City's approval; and, 2) Secondary storage facilities shall be located reasonably close to the main business office; 3) All storage facilities shall meet all legal requirements for such RLS/Js [TO\,,'ing\Towing.Agreemcnt~!'\t:wl 14 August 3. 2005 ') 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 :22 23 24 25 26 27 28 D. facility; Towing Carrier's place of business shall have a sign that clearly identifies it to the public as a towing service. The sign shall have letters that are clearly visible to the public from the street. The sign shall be visible at night; For the purpose of this Agreement for Tow Services, "normal business hours" shall not be less than 8 a.m. to 5 p.m., Monday through Friday, except for the following recognized holidays: New Year's Day, Martin Luther King Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, day after Thanksgiving Day, and Christmas Day; Business hours shall be posted in plain view to the public. Offices staffed with only one employee may be closed for one hour at lunch. A sign shall be posted with the reason for closure. The sign shall have a phone number where a request will result in an immediate response to release property or vehicles. Response to the office shall be within the time frame required for tow response; Employees shall be properly trained to conduct business transactions related to towing, storage, and release of vehicles/property; and, The City shall ensure that proper provisions are in place for the release of all impounded vehicles. Towing Carrier shall respond for after-hours release of vehicles when requested by the current registered owner or owner's authorized agent. The Towing Carrier shall accept all guaranteed forms of payment including, without limitation, money orders, certified checks, debit cards and all widely accepted credit cards. There shall be no surcharge for the use of a credit card. If the form of payment cannot be accepted by the Towing Carrier due to any failure by the Towing Carrier or Towing Carrier's E. F. G. H. I. 15 August 3. 2005 RLS/)s [TowingITowingAgreement-New] .., 3 4 5 () 7 S 9 10 II 12 13 14 15 16 17 1S 19 20 21 18. '1'1 23 24 25 26 27 28 J. payment processing equipment, Towing Carrier shall not charge storage fees beyond date of such failure. The Towing Carrier shall post in its office a list of rights of the owner of the vehicle under this Agreement for Tow Services. The rights are set forth on Exhihit E to this Resolution. A stored vehicle shall be released to the registered owner upon presentation of the registration and valid proof of identification and payment of all towing and storage charges. If the registration is not immediately available, the Towing Carrier shall obtain the registered O\vner's information from DMV records as soon as possible. If the Towing Carrier does not release the vehicle as required by this subsection, storage charges shall cease on the date of presentation of the documentation and payment of the accrued charges. An impounded vehicle shall be released to the person named in the Tow Release Form issued by the San Bernardino Police Department upon payment of towing and storage charges and presenting valid proof of identification. If the Towing Carrier does not release the vehicle as required by the subsection, storage charges shall cease on the date of presentation of the documentation and payment of the accrued charges. The Towing Carrier shall maintain records of all tow services furnished. The records will be maintained at the Towing Carrier's place of business Invoices shall at a minimum include a description of each vehicle, nature of service. start time, end time, location of call, itemized costs of towing and storage, the tow truck driver's name, and truck used; At the Towing Carrier's primary office, the Towing Carrier shall also maintain business records relating to personnel, insurance, personnel taxes, payroll, applicable operating authorities, local operating authorities, lien ,ale actions. Federal Communication Commission licensing, and non-City K. L A. B. 16 August 12, 2005 RL.'..)\ r{W,Jn~\T()Hlllf Agrt'CmClll-\C\\! . ') 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 19. c. tows; The City may inspect all Towing Carrier records without notice during normal business hours; Towing Carrier shall permit the City to make copies of business records at its place of business, or to remove business records for the purpose of reproduction. The City shall provide a receipt for any (original) records removed from the place of business; Records shall be maintained and available for inspection for a period of two years plus the current term of this Agreement for Tow Services; and, Failure of the Towing Carrier to comply with the inspection requirements shall be cause for suspension. No Towing Carrier or applicant shall be directly involved in the towing- related business of any other Towing Carrier or applicant on the City's tow rotation; Storage facilities owned by a Towing Carrier, and shared with another Towing Carrier, shall only be approved if the owner/Towing Carrier charges for the space exclusively on a flat monthly rate rather than a vehicle-by-vehic1e basis, or combination thereof. Facilities shared by Towing Carriers shall be physically separated and secured from each other; The sale or transfer of the controlling interest in a Towing Carrier shall immediately terminate this Agreement for Tow Services subject to the notice of change of ownership provision set forth below in this subsection. A sale or transfer of the controlling interest in a Towing Carrier is defined in A111llicipal Code Section 5.04.026 as follows: A. Any business registration certificate or any permit issued or granted pursuant to this title is a privilege to be held by the original permittee or certificate holder thereof. It cannot be sold, transferred, assigned or disposed of, in whole or in part, or by voluntary sale, merger, consolidation or D. E. F. A. B. c. 17 August 3. 2005 RLS/.J" [TD\\ Ing\TO\\'mg_Agreement-:\c\'.'J '") otherwise. 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 (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. A new owner may apply for a rotation tow listing at any time during the remainder of the current Agreement for Tow Services term. However, the open positions on the City's tow rotation will also be opened for applications from other qualified Towing Carriers. Termination for this reason is exempt from the 30 day notice of cancellation set forth in other provisions of this Resolution. Also refer to requirements in Resolution No. required of new tow services Towing Carriers who wish to apply to the City's tow rotation. The City through its Police Department, shall be notified no later than seven (7) days after a change of ownership in a Towing Carrier on its tow service rotation. Notice shall be given to the Traffic Sergeant at the Police Department. If the City is not so notified within the seven day period, the termination takes effect immediately at the end of the seven day period. If the City is notified of the change of ownership within the seven day period, the Agreement for Tow Services may be assigned or transferred to the new owner. This assignment or transfer shall be on an interim basis until the selection process of the 3 4 5 6 7 8 9 10 II 12 13 14 I) 16 17 18 19 20 21 22 23 24 25 26 27 28 RLS/Js [Towmg\Towing,Agrcl:mcnt-:'\n..] 18 August 3. 2005 . ") replacement Towing Carrier(s) takes place. In no event, shall assignment or transfer exceed 60 days. The Towing Carrier under new ownership must meet the minimum qualifications in Resolution No. to be placed on the City's tow rotation; and, D. A terminated or suspended Towing Carrier, and/or the Towing Carrier business owner at the time of the suspension or termination, shall not be eligible for a rotation listing for the duration of the suspension or termination. This provision applies to the Towing Carrier working in any capacity within any tow business or operating any tow business, and to the tow business, even if operated under new ownership. This provision does not apply to Section 19(C) regarding termination due to a change in ownership. 20. The City shall conduct, at a minImUm, one annual meeting to discuss issues concerning the tow rotation. All meetings shall be mandatory for the Towing Carrier or Towing Carrier's designee wishing to remain on rotation. The City shall give the Towing Carrier 30 days written notice of these meetings. 21. A. While involved in City rotation tow operations or related business, the Towing Carrier and/or employees shall refrain from any acts of misconduct including, but not limited to, any of the following: 1) Rude or discourteous behavior; 2) Lack of service, selective service, or refusal to provide service which the Towing Carrier is/should be capable of performing; 3) Any act of sexual harassment or sexual impropriety; 4) Unsafe driving practices; 5) Exhibiting any objective symptoms of alcohol and/or drug use; or, 6) Appearing at the scene of a City rotation tow call with the odor of an alcoholic beverage emitting from the Towing Carrier's employee's breath. The Towing Carrier/tow truck driver shall 3 4 5 6 7 8 9 lO II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RLS/J" [Towing\Towing.Agreement-New] 19 August 3, 2005 . ') 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 22. B. submit to a preliminary alcohol screening test upon demand of the City; All City related tow service complaints received by the City against a Towing Carrier or Towing Carrier employees will be accepted and investigated in a fair and impartial manner. The Towing Carrier will be notified of the results of any investigation; and, Should the filing of criminal charges be a possibility, the City will conduct the investigation to conclusion or assist the lead investigation agency and, if warranted, request prosecution. The Towing Carrier and employees shall, at all times, comply with federal, state, and local laws and ordinances; 1) In the event of a minor traffic violation by a tow truck driver which is known by the City, the Towing Carrier shall be advised of the violation by the City. The Towing Carrier will be granted the opportunity to take necessary steps to ensure that the driver complies with the law. Any subsequent traffic violations may be cause for disciplinary action against the Towing Carrier and/or the involved employees; and, 2) Any flagrant traffic violation may be cause for immediate disciplinary action against the Towing Carrier and/or the involved employees; The provisions contained in any compliance with law provisions in this Agreement do not preclude the City from taking appropriate enforcement or administrative action for any violations of law. Complaints for violations of the law not normally investigated by City will be referred to the agency with investigation jurisdiction; Any conviction of the Towing Carrier or employee involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or c. A. B. c. 20 August 3. 2005 RLS/Js [TOWlOg\Towing.Agreemenl-:\CW] . ') 3 4 5 6 7 8 9 10 11 I:~ 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 23. D. embezzled property, a crime of violence, a drug-related offense, felony driving while under the influence of alcohol and/or a drug, misdemeanor driving while under the influence of alcohol and/or a drug, or moral turpitude while involved in a City rotation tow call shall be cause for removal of the employee from the list of current City rotation tow truck drivers, denial of Towing Carrier application, or termination of the Agreement for Tow Services; and, A Towing Carrier or employee arrested/charged for a violation involving any of the above crimes may be suspended until the case is adjudicated. The City shall take disciplinary action against Towing Carriers for violations investigated and confirmed or sustained. Unless otherwise noted, the City shall determine the period of suspension. The City shall retain discretion regarding the length of any suspension imposed pursuant to the terms and conditions of this Agreement for Tow Services; Records of violations shall be retained by the City for at least 36 months; A violation 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 City has conducted an inspection and concluded the Towing Carrier is in compliance; A violation of the GYWR and safe loading requirements of a tow truck may be cause for immediate suspension. This includes exceeding the tow truck's GYWR, front axle weight rating, rear axle weight rating, maximum tire weight ratings, or not maintaining 50 percent of the tow truck's unladen front axle weight on the front axle when in tow; A violation of intentionally overcharging or a pattern of overcharging shall be cause for suspension. The suspension will remain in effect until the period of suspension is completed and the Towing Carrier has presented proof to the City that reimbursement has been made to the aggrieved A. B. C. D. E. 21 August 3, 2005 RLS/j~ [Towing\TowlOg.Agreemcnt-New] . .. '1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 F. customer; City personnel shall not be offered gratuities, and requests for gratuities shall not be honored by Towing Carriers, employees, or associates of the Towing Carrier. A violation of this section shall be cause for suspension or termination; Failure of the Towing Carrier to satisfy a court order mandating reimbursement to the vehicle owner or property owner for the damage or loss which occurred while the vehicle was in the Towing Carrier's custody will result in a suspension. The suspension will remain in effect until the period of suspension is completed and the Towing Carrier has presented proof of the reimbursement; Failure of the Towing Carrier to comply with the inspection requirements of this Agreement for Tow Services will result in a suspension. The suspension \vill remain in effect until the period of suspension is completed and the Towing Carrier has complied with the inspection requirement; Failure of the Towing Carriers to send tow truck drivers who are qualified and competent employees on City calls shall be cause for suspension. The suspension will remain in effect until the period of suspension is completed and the Towing Carrier has presented proof to the City that the driver is qualified and competent; Failure of the Towing Carrier to maintain the minimum insurance requirements set forth in the Agreement for Tow Services will immediately nullify the Agreement for Tow Services. The Towing Carrier will be subject to an additional suspension for failure to notify the City in advance of the insurance policy expiration or cancellation; and, Failure of the Towing Carrier or employee to comply with law provisions, Demeanor and Conduct and/or compliance with law provisions may be cause for suspension if deemed appropriate by the City. G. H. I. J. K. 22 August 3. 200S RLS/jS [TowingITowing.Agreement-New] . .. ') 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 24. A. Minor violations of the terms and conditions of the Agreement for Tow Services may be cause for disciplinary action in the following manner: 1. First violation within a 12 month period - letter of written reprimand; 2. Second violation within a 12 month period - 1 to 30 day suspension; 3. Third violation within a 12 month period - 60 to 90-day suspension; and, 4. Fourth violation within a 12 month period - termination of the Agreement for Tow Services. Note: In lieu of termination, the City may impose additional suspensions for longer periods, if deemed appropriate; Violations of the terms and conditions of the Agreement for Tow Services that are subject to suspension for the first violation are categorized as major violations. Any subsequent or continuing major violation may be cause for termination; 1. When considering punitive action for a major violation of the Agreement for Tow Services, the City may take into consideration all major and minor violations that occurred within 36 months prior to the date of the current violations; and, 2. Termination shall be invoked if, in the City's judgment, continued participation in the Rotation Tow Program by the affected Towing Carrier may result in a hazard to public safety and/or welfare, or the Towing Carrier has been convicted of a crime listed in paragraph 22C; and, Nothing herein shall be deemed to prohibit the City from immediately suspending any Towing Carrier or employee whose conduct, in the opinion of the City, is deemed to be a danger to the motoring public or who has engaged in conduct constituting a flagrant violation of the Agreement for B. c. 23 August 3. 2005 RLS/Js [Towing\Towing_Agreement-Ne\~] , .. ') Tow Services. 2S. A. In the event the City serves the Towing Carrier with disciplinary action, the Towing Carrier may request a hearing within seven calendar days by submitting a request in writing to the Traffic Sergeant at the Police Department. If a hearing is requested, it shall be held as soon as practible. The hearing shall be wnducted by the Traffic Sergeant or designee, and the Towing Carrier shall be entitled to present all relevant facts and circumstances in support of the Towing Carrier's position. The Towing Carrier shall be further entitled to present testimony of at least one qualified person. The Towing Carrier shall be notified in writing of the Traffic Sergeant's decision(s) within ten business days of the date of completion of the hearing; B. Following a hearing, if the Towing Carrier is dissatisfied with the Traffic Sergeant's decision(s), the Towing Carrier may appeal by submitting a request in writing to the City Clerk, pursuant to Municipal Code Chapter 2.64, and paying any applicable fees; and, C. A suspension shall not take effect until the hearing and appeal process has been exhausted, with the exception of Towing Carriers whose conduct is deemed to be a danger to the motoring public or who continue to violate the terms and conditions of this Agreement for Tow Services. If a Towing Carrier fails to request a hearing or appeal, the action taken by the City shall be final, and the suspension shall take effect upon written notification to the Towing Carrier by the City. 26. The Towing Carrier shall not display any sign or engage in any advertisement indicating an official or unofficial connection with the City or Department of Motor Vehicles. 27. Either party may cancel this Agreement for Tow Services by giving 30 days written notice to the other party. Cancellation shall not be subject to the appeals provisions of Resolution No. and this Agreement for Tow Services. 3 4 :1 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 ')') 23 24 25 26 27 28 RLS/js !Towing\Tov.'ing.Agreement-i\ew] 24 August 3. 2005 I .. ,., 28. Upon reasonable advance written notice, City shall have the right to review and audit the books of Towing Carrier's place of business and during business hours. 29. The parties understand and agree that this Agreement grants Towing Carrier a non- exclusive franchise. 30. Towing Carrier shall also comply with all provisions of the Resolution of the Mayor and Common Council of the City of San Bernardino Establishing Standard Criteria for Companies to Provide Tow Services for the City of San Bernardino as said Resolution exists and/or as said Resolution may be amended from time to time. 31. This Agreement represents the entire Agreement between the City and the Towing Carrier and fully supersedes any and all previous Agreements entered into by and between the City of San Bernardino and 32. Any notice to be given pursuant to this Agreement by either pany to the other shall de deposited with the United States Postal Service, postage prepaid, and addressed as follows: To the City: City Administrator 300 North "D" Street San Bernardino, CA 92418 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 To Towing Carrier: Nothing in this paragraph shall be construed to prevent the giving of notice by personal 21 22 service. 23 /1/ 24 /1/ 25 /1/ 26 /1/ 27 / / / 28 / / / RLS/js (Towing\TowingAgreement-l'\ev.'] 25 August 3, 2005 J , AGREEMENT FOR TOW SERVICES (NEW TOWING CARRIERS) ') IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and 3 date first above shown. 4 5 6 7 8 Attest: 9 By: 10 CITY OF SAN BERNARDINO By: Mayor Judith Valles TOWING CARRIER 11 By: Print Name: 12 Approved as to Form 13 and Legal Content: 14 JAMES F. PENMAN City Attorney 15 (t 16 By: )!a"""", I /! / / ( /i ./ ., / J(."~ 17 18 19 20 21 22 23 24 25 26 27 28 RLS/js [Towing\Towing.Agrcl:ment-:\cw] 26 August 3. 2005 ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM /,,/ Meeting Date (Date Adopted): t / /.s-, 0 S Item # Vote: AyeS~ Nays Change to motion to amend original documents 0 Jl Resolution # df)tJs /~t!o Abstain Absent Companion Resolutions NulVVoid After: days / Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0 PUBLISH 0 POST 0 RECORD W/COUNTY 0 By: Date Sent to Mayor: ~ , 1 ,O( /' Date of Mayor's Signature: ~., II ' C <; \ ---- Date of Clerk/CDC Signature: t.. ~ / 'Q \ Reso. Log Updated: ~ Seal Impressed: IZf" / Reso. # on Staff Report ~ Date Memo/Letter Sent for Signature: 151 Reminder Letter Sent: Date Returned: 2nd Reminder Letter Sent: Not Returned: 0 Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413,6429,6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234,655,92-389): Yes Yes / No No~ Yes By_ By_ No~ By_ No ~By_ No ~y_ Yes Yes Copies Distributed to: Animal Control City Administrator City Attorney Code Compliance Development Services Others: o ~ o o EDA o o o o o Information Services Parks & Recreation Police Department Public Services o ~ o o Facilities Finance Fire Department Human Resources Water Department Notes: fJ;1. ;}oO~,;)f (:, Ready to File: y" ./ ---- ~-) '7/ 0 ') Date: Revised 12/18/03