HomeMy WebLinkAbout05.H- Council Office DOC ID: 4619 A
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Fred Shorett M/CC Meeting Date: 09/06/2016
Prepared by: Cheryl Weeks, (909) 384-
5188
Dept: Council Office Ward(s):
Subject:
Discuss and Take Possible Action Regarding Tow Services Agreement Amendment
Current Business Registration Certificate:
Financial Impact:
Account Budgeted Amount: <<Insert Amount>> Account No. <<Insert Account
No.>>
Account Description: <<Insert Account Description>>
Balance as of: <<Insert Date>>
Balance after approval of this item: <<Insert Amount>>
Motion: Direct the City Attorney to prepare an amendment to the Tow Services
Agreement adding Recital Subsection E. "City shall not pursue the
establishment of an impound yard" as stated in the original agreement.
Background:
At the Meeting of the Mayor and Common Council held on April 4, 2016, the council
adopted Resolution No. 2016-73 - Resolution Of The Mayor And Common Council
Authorizing the Execution Of Amendment No. 2 To The Tow Services Agreement With
City Towing, Hayes Towing, Danny's Towing, Tri-City Towing, Big "Z" Auto Works, And
Wilson Towing.
The tow services agreement in Resolution No. 2016-73 included a change which
deleted Recital Subsection "E"- City shall not pursue the establishment of an impound
yard.
The proposed amendment is for the purpose of adding Recital Subsection "E" as stated
in the original Tow Services Agreement
Supporting Documents:
2011-80 (PDF)
Reso_4385 (PDF)
Reso 2016-73 (PDF)
MCC4-4-16_Summary (PDF)
MCCMinutes4-4-16 (PDF)
Updated: 8/30/2016 by Valerie Montoya A Packet Pg. 140
r /. �. • 2011-80
AGREEMENT FOR TOW SERVICES
(EXISTING TOW CARRIERS)
THIS AGREEMENT FOR TOW SERVICES(this"Agreement")is entered into this fourth
day of April, 2011, by and between the CITY OF SAN BERNARDINO ("City") and Wilson
Towing LLC (Tow Carrier"or"Towing Carrier")effective April 4,2011 (the"Effective Date").
RECITALS
A. The Vehicle Code authorizes City regulation of involuntary towing and storage with
appropriate compensation therefore, which compensation covers the reasonable cost (including
direct and indirect overhead) as well as franchise fees;and
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B. City has adopted Resolution N o.2005-286,as amended by Resolution No.2008-347, E
"Establishing Standard Criteria for Companies to Provide Tow Services"and the Exhibits attached
thereto; a
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C. The Resolutions cited above presently provide for a towing rotation franchise within
the City for the more efficient regulation and operation of tow companies with the ratio of one tow
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company chosen for the rotation for each 35,000 people within the City; 3
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D. The City and the six {6}Tow Carriers currently on the rotation have agreed that it rn
promotes ease of operation to restate such existing requirements in one Agreement which to
reorganizes the proposed model contracts for existing and new Tow Carriers as those proposed o
contracts were set out in Resolution 2005-286 and that this Agreement contains the same provisions 0D
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regarding operation of the tow rotation and requirements for Tow Carriers; o
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E. City shall not pursue the establishment of an impound yard.
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F. In consideration Tow Carriers have agreed to the revised or additional provisions
including but not limited to those regarding franchise payments and audits; a
G. This revised and updated Agreement,upon execution by each of the six(6)existing
Tow Carriers, shall supersede in their entirety any and all prior agreements between the City and
each Tow Carrier; and
H. City finds and Tow Carriers agree that the compensation and other provisions of this
Agreement meet the requirements of all applicable laws.
NOW,THEREFORE, the parties hereto agree as follows:
I. Recitals. The Recitals set out above are true and correct.
C) 2. Provision of Tow Services by Tow Carrier
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a. Term; Extension at Cites Option:This Agreement shall commence on the
Effective Date for a term of five years unless sooner terminated hereunder. This Agreement maybe
extended as to the Tow Carrier upon the City's sole determination that Tow Carrier is in compliance
with all terms and conditions hereof. Such an extension shall be for an additional 5years. There is
no promise and should be no expectation of such extension. Failure to grant such extension shall
result in termination of this Agreement, which termination is not subject to the appeal provisions
hereof or of Resolution No. 2005-286. At the end of the term of the Agreement,whether or not
extended,there shall be no more extensions of this Agreement and Tow Carrier understands it is not
entitled to any such additional extension, nor may the City grant such additional extension. This
Agreement confers a privilege and not a right;
b. Tow Carrier hereby agrees to provide Tow Services to the City pursuant to
terms and conditions contained in this Agreement. "Tow Services"means the following types of
nonconsensual towing initiated by the City,including but not limited to code enforcement tows: (i)
towing of involuntarily impounded vehicles(where such impound is authorized under the Vehicle E
Code) to the Tow Carrier's storage yard and storage there; and (ii) towing and storage of non- L
impounded vehicles when directed to do so by City personnel or by the owner(owner's request Q
tows);
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C. Whenever a vehicle has been involved in an accident or a traffic violation,and
the owner or someone delegated by the owner is present and is capable ofremoving the vehicle from n
the street with reasonable dispatch,and the vehicle is not needed for criminal evidence,City and/or 0
N.. Tow Carrier shall permit the owner or his delegate to remove the vehicle or call a tow carrier of his a;
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 Tow Carrier from the top of the rotation list will be called by the City;and C?
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d. This Agreement supersedes any and all prior agreements between the parties as N
to the subject matter hereof.
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3. General Requirements of Tow Carriers: a
a. Tow Carrier shall comply with all rules,regulations and laws of the State of
California,the County of San Bernardino and the City of San Bernardino,including but not limited
to those applicable to storage facilities. Tow 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;
b. Tow Carrier shall specifically comply with Exhibits A through E of
Resolution No. 2005-286 attached thereto and set out as follows:
Exhibit A—Minimum Tow Service Requirements
Exhibit B - Preliminary Application Review
Exhibit C - Towing Carrier Selection Process
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Exhibit D-Selection Process
Exhibit E- Rights of Persons Whose Vehicles are Towed at the Request of City
C. 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;
d. Storage facilities owned by a Towing Carrier,and shared with another Towing
Carrier,shall be approved only if the owner-Tow Carrier charges for the space exclusively on a flat
monthly rate rather than a vehicle-by-vehicle basis, or combination thereof. Facilities shared by
Towing Carriers shall be physically separated and secured from each other;
e. The City shall conduct, at a minimum, one annual meeting with all Tow
Carriers 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 day's prior written notice of these meetings. The City may call additional E
required and noticed meetings with one or more Tow Carriers to address issues arising under this
Agreement; and
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f. Tow Carrier understands and agrees that the Police Department or its
designees may conduct annual reviews of Tow Carrier's operations to insure compliance with the N
regulatory and other requirements of this Agreement. Notwithstanding, the City and Police 3
Department reserve the right to conduct reviews of Tow Carrier's operations at any time when E°—
health,safety or welfare concerns require such immediate review.
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4. Towing Requirements:
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a. Rotation System: Agree to a rotation system established by the City;
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b. 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 E
designated City employees at the scene;
G. Insurance: Each Tow Carrier shall maintain insurance pursuant to the Q
requirements set forth below. The City 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. The Tow Carrier shall maintain the following
minimum levels of insurance from an insurance carrier admitted in California,or admitted in the
state in which the Tow Carrier business is located, and is authorized to do business in California:
i. Minimum Level of Financial Responsibility(as required by Section 34631.5
of the California Vehicle Code)--Bodily injury and property damage with a
combined single limit of not less than $750,000 for Class A tow trucks.
These minimum standards are to include non-owned and hired auto coverage,
ii. Uninsured Motorist— Legal minimum combined single limit.
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iii. On-Hook Coverage/Cargo insuring the vehicle in tow with limits based on
the size of the tow truck;
iv. 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.
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 Tow Carrier
and the City. The Tow 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;
d. Every tow truck which responds to calls for service within the City pursuant
to this Agreement shall be clearly marked on both sides of the cab with the name and telephone
number of the Tow Carrier which operates the truck; and E
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e. The Tow Carrier shall not display any sign or engage in any advertisement a
indicating an official or unofficial connection with the City or Department of Motor Vehicles.
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5. Storase of Vehicles: Pursuant to the requirements hereof, a Tow Carrier shall
transport vehicles or to the Tow Carrier's facility for storage and shall meet the following minimum 3
requirements:
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a. Have a minimum storage space for 200 vehicles with a minimum of twelve
inside spaces;outside storage lots must be adequately lighted;
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b. Provide for secure inside evidence storage and have the ability to provide
secure in-door storage for vehicles upon request of the Police Department; coy,
C. Have an attendant on call twenty-four(24)hours a day,seven days a week at E
place of business;
d. Have no more than two telephone numbers listed with any City department; Q
e. 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 Tow Carrier's
establishment or from the elements or by vandals;no vehicles shall be left parked or stored on the
public streets at any time; in no event shall the City be liable for any theft, vandalism or damage
occurring to any such vehicle or its contents;
f. Post a tag on the windshield on all cars ordered impounded by the City;
g. Furnish each owner with an itemized billing and collect towing and storage
charges on each stored vehicle from the owner; in no event shall the City be liable for any such
charge;
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h. Confirm that the CHP Form 180 prepared by PD is accurate after PD inventories the
contents.;p-prior to taking possession of any vehicle,and immediately before release,
digitally photograph in a manner which shows the date and time on the photograph the
inside and outside to document condition of vehicle and its contents and retain such
photograph in a secure location for at least one year
i. Release no vehicle without first having obtained a release from the City to do
so;
j. Have adequate equipment to handle calls from the City and storage of motor
vehicles;
k. The Tow Carrier shall operate from a location within the incorporated
boundaries of the City, and all of the facilities necessary to comply with the provisions of this
Agreement shall be located within the incorporated boundaries of the City;
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1. 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 a
Towing Carrier is responsible for the reasonable care,custody,and control of any property contained
in towed or stored vehicles; .2
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M. The Towing Carrier may not remove property from an impounded vehicle. Cn
The Towing Carrier shall obtain approval from the City prior to the removal of any property from a h
stored 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 he excused by the City if it is T-
determined that proper safeguards and procedures are utilized by the Towing Carrier;
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n. Upon approval from the City, the Towing Carrier shall release personal
property from a stored vehicle at the request of the vehicle registered owner or agent; N
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o. 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; Q
P. 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;
q. Cargo shall be released upon demand of the carrier or pursuant to a court
Order;
r. 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 he released at
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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;
S. 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;
t. Secondary storage facilities shall be located reasonably close to that main
business office;
U. All storage facilities shall meet all legal requirements for such facility;
V. 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
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W. 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; and
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X, 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. r
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6. Towinp,Equipment: Tow vehicles shall be rated at a minimum of 14000 GVWR.
(Class A)
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a. Tow Truck and Car Carrier Classifications: Tow truck and car carrier
classifications are based on the truck chasses Gross Vehicle Weight Rating (GVWR) and the Q
classification system used by the American Trucking Association(ATA)and truck manufacturers;
b. Towing Limitations:
i. The total weight of the truck, including the lifted load, shall fall within the
GVWR and not exceed either the Front Axle Weight Ratings (FAWR) or
Rear Axle Weight Ratings(RAWR);
ii. 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 23413);and,
iii. The truck must meet all applicable state and/or federal standards;
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c. Identification Labels: Each piece of towing equipment shall have a label or
identification tag permanently affixed to the equipment in a prominent location to identify the
manufacturer,serial number, model,and rated capacity;
d. Recovery Equipment Rating: The basic performance rating of the recovery
equipment is the weight the equipment can life in a winching mode,when the boom is static at a 30
degree elevation with the load lines vertical and the lifting cables sharing the load equally,measured
with a live load(weight or load cell);
i. The structural design of the recovery equipment must have a higher load
capacity than the performance ratings;
ii. Winches shall conform to or exceed the specifications set forth by the
Recovery Equipment Rating(SAE) Handbook,SAEJ706; and,
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iii. 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
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(OEM) for the equipment; and
e. Control/Safety Labels: All controls shall be clearly marked to indicate proper rn
operation, as well as any special warnings or cautions. 3:
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7. Per Call Rotation System
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a. The City shall establish a per call rotation system of qualified Towing Carriers C?
who have entered into Agreements with the City for the performance of towing services in response c
to calls from the City. All departments of the City shall comply with the rotation system. "4
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b. Towing Carrier shall comply with and qualify under all the minimum s
requirements set forth in this Agreement as a condition precedent to being eligible to be placed on
the rotation list as follows: a
i. , 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
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by-passed would remain in the same order until their selection for a rotation
tow for which they are qualified;
ii. 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 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;
a) If the Towing Carrier is cancelled 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, m
The Towing Carrier will then be placed back at the top of the list; a
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b) if service,other than towing,recovery, and load salvage,has begun
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and is canceled by the vehicle's registered owner or agent, the N
Towing Carrier may charge one-half of the regular hourly service 10
charges for the time expended on the call. For purposes of
cancellation, service begins when physical work on the vehicle has
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begun,not the response. No lien shall arise for the service unless the 7
Towing Carrier has presented a written statement to the vehicle's
registered owner or agent for the signed authorization of services to r
be performed. The Towing Carrier shall not attempt to take N
possession of the vehicle in order to establish a lien for any non- c
towing services performed, or begun and subsequently canceled, m
when not entitled to such lien by law;
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iii. if two or more Towing Carriers are called to the same incident,distribution a
of the vehicles shall be at the discretion of the on-scene supervisor;
iv. 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;
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a) 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;
b) The City may take immediate disciplinary action for any violation of
the requirement to respond within the maximum response time; and
C) 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;
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V. 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 �`rn
of an enrollment period in order to qualify for a rotation tow listing;
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a) 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 F
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possesses the required tow management experience is employed by
the Towing Carrier.An owner/Towing Carrier who releases vehicles,
completes lien sale paperwork, and other tow business related d'
documents for three years in the Towing Carrier, with the qualified
manager, will fulfill the three years for-hire towing experience
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requirement; N
vi. To the extent applicable for stored vehicles, Towing Carrier shall give or E
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 Q
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 ten (10) days from the date of the
towing of the vehicle by the Towing Carrier. SBPD shall be responsible for
such notice for impounded vehicles;
vii. 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; and
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viii. A stored vehicle shall be released to the registered owner upon presentation
of the registration and valid proof of identification (as provided in Vehicle
Code Section 22860.3)and payment of all towing and storage charges If the
Towing Carrier does not release the vehicle as required by this subsection
upon presentation of registration and valid proof of identification and
payment of all charges, storage charges shall cease on the date of
presentation of the documentation and payment of the accrued charges.
8. Compensation for Tow Services:Tow Carrier shall charge for services on calls by
the City in an amount not to exceed ten($10)above the hourly rate set by the California Highway
Patrol. Tow Carrier is responsible for collection of all such fees and charges.
a. The rate for towing shall be computed from portal to portal. Time expanded
shall be charged at a rate not to exceed the hourly rate. Time expended in excess of the minimums E
shall also be at the hourly rate in no more than one-minute increments. There shall be no additional
charges for mileage, labor,etc:
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L The Towing Carrier may charge up to a thirty-minute minimum per call for U
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, rn
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ii. The Towing Carrier may charge up to a one-hour minimum per call on
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responses which result in storage of a vehicle at the direction of an officer;
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b. Rates for a service call(out of gas,lockouts,tire changes,etc.)shall be from CD
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°14
C. 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. w
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9. Compensation for Storage:Tow Carrier shall charge for services for storage at the
storage rate set by the California Highway Patrol for the San Bernardino area. Tow Carrier ig
responsible for the collection of all such fees and charges.
a. 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;
b. The Towing Carrier shall display in plain view at all cashiers stations,a sign
as described in Section 3070 of the Civil Code. , disclosing storage fees, lien release fees, and
charges in force, including the maximum storage rate;
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c. Vehicles stored 24 hours or less shall be charged no more than one day
storage;and,
d. Storage of vehicles in combination may be charged a per vehicle rate except
for dollies and con-gear. Dollies and con-gear may be charged a storage rate not to exceed Class A
storage fees;
e. The charge for after-hours release shall be no more than one-half the hourly
rate,and shall only be allowed on weekends,holidays,and outside normal business hours;
f. 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 persons for whom the Tow Services
were provided,their agent,or any officer at the scene;
g. Rate requirements represent the maximum a Towing Carrier may charge on a
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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 Q
would not normally charge for such service; iv
h. Towing Carrier or employee shall not refer to any rate as required or set by the
City;
i. 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;and d
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j. The Towing Carrier shall accept all guaranteed forms of payment including, r
without limitation,money orders,certified checks,debit cards and all widely accepted credit cards. N
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 payment
processing equipment,Towing Carrier shall not charge storage fees beyond date of such failure.
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10. City Fees and Franchise Fees. In addition to the amounts charged vehicle a
owners,Tow Carrier shall pay the following fees to the City in the manner set out here.
a. Impounded Vehicles:Registered Owner shall pay to the City an administrative release
fee of$349 per vehicle towed,impounded and thereafter stored;
b. Stored vehicles: There shall not be a fee charged for stored vehicles based upon the
City's determination that such fees most often would be charged to the victims of crimes(auto theft)
or accidents;
c. Franchise Fee: Tow Carrier shall pay the following franchise fees per vehicle towed
under this Agreement(collectively"vehicle)during the
initial term of this Agreement and shall not be passed through to vehicle owners in any manner;
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Year 1 (effective date of Agreement,2011,through June 30,2012)-$70.00/vehicle
Year 2 (July 1,2012 through June 30,2013) 472.10/vehicle
Year 3 (July 1,2013 through June 30,2014) -$74.251vehicle
Year 4(July 1,2014 through June 30,2015) -$75.50/vehicle
Year 5 (July 1,2015 through June 30,2016) -$79.00/vehicle
Such franchise fees may be adjusted by the City after the initial 5-year term hereof;
d. Verification of Tows and Payment of Franchise Fees: By the 15'h of each
month, Tow Carrier shall submit to the Police Department a list of all vehicles towed under this
Agreement during the previous calendar month, including but not limited to owner's request
tows. The list shall be in a format acceptable to the Police Department and shall include the case
number,vehicle license plate number and vehicle identification number. At the same time as the
list is provided,Tow Carriers will remit franchise fee payment to City for the vehicles towed
during the previous calendar month. Any amounts not paid by the 15`h of the following month E
shall bear interest at the rate of 10%per annum,simple interest,compounded daily until paid;
L
and
a
e. City fees (including but not limited to the list prepared)are subject to audit
and verification as set out herein whether as part of an annual review or otherwise.
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11• Employees: C
a. The Towing Carrier shall insure that tow truck drivers responding to calls
to
initiated by the City are qualified and competent employees of the Towing Carrier's company. The v
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 r
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; Q
c. All tow truck drivers and owner/Towing Carriers shall be enrolled in the Pull
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;
ii, Pull Notices shall be kept on file, signed, and dated by the Towing Carrier;
and,
iii. The City may require a Towing Carrier to provide copies of Pull Notice
Reports to the City;
4934-4847-6167.1 12
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d. 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 performed;and,
e. Only the tow truck personnel and equipment requested shall respond to the
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;
i. 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;
ii. 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 d
m
the City and with the concurrence of the on scene supervisor, request a a
specific Towing Carrier for assistance. The request shall be routed to the
additional Towing Carrier through the City; and, v
2
iii. There may be times when a Towing Carrier,who was not called to a scene, Cn
comes upon a collision scene where a vehicle or vehicle are blocking a F
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 o
Carrier's place in the rotation.
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f. Employees shall he properly trained to conduct business transactions related
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to towing, storage,and release of vehicles/property; m
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g. Uniforms: While engaged in tow operations hereunder,City rotation tow w
drivers shall wear an identifiable uniform shirt displaying the Tow Carrier's and driver's names;and Q
h. Safety Vests: City rotation tow.drivers shall wear a safety vest and/or
reflectorizing clothing,as well as any other safety clothing required by and meeting CaIOSHA and
Occupational Safety and Health Administration(OSHA)requirements.
12. Complaint Procedure: All City related tow service complaints from the public
received by the City against a Towing Carrier or Towing Carrier employees will be accepted and
investigated in a fair and impartial manner pursuant to procedures utilized by the Police Department
or as set out herein. The Towing Carrier will be notified of the results of any investigation.
13. Records: Each month,Towing Carrier shall submit a list of all vehicles towed the
previous month, including license plate numbers and vehicle identification numbers, and shall
identify clearly all impounded vehicles towed to its storage facility.
48344847-6167.1 13
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a. 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;
b. 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 1 tows;
C. The City may inspect all Towing Carrier records without notice at any time
during normal business hours and during the annual reviews;
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d. 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; Q
e. Records shall be maintained and available for inspection for a period of four
(4) years after the termination of this Agreement for Tow Services; and,
£. Failure of the Towing Carrier to comply with the inspection requirements
shall be cause for suspension and/or termination of this agreement.
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14. Audit: 7
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a. Upon reasonable advance written notice,City or its designee shall have the right
to review and audit the books of Towing Carrier's place of business and during business hours. in N
the event that such audit shows a 5% or greater variance in revenues owing to the City by Tow
Carrier,the following amounts shall be owing by Tow Carrier to City: 1)the amount determined to 4)
be owing as a result of the audit; 2) simple interest at the rate of 10% on the amounts owing,
compounded daily from the due date; 3) both 1) and 2) shall be paid within 10 calendar days of ;g
notification of the deficiencies;and 4)Tow Carrier shall pay the reasonable costs of the audit based a
upon invoices provided by City; and
b. In the event that an audit shows an 10%or greater variance in revenues owing to the
City,the following amounts shall be paid to the City by that Tow Carrier:
1. the amount owed as a result of the audit;
2. simple interest at the rate of 10%on the amount owed,compounded daily from the
due date;
3. the amount owed including interest shall be paid within 10 calendar days of
notification of deficiencies; and
4. pay the reasonable costs of the audit;
4834.4847.6167.1 14
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c. In the event the audit determines a 15%variance in revenues owing to the City, such
result may be ground for action under Section 17 herein.
15.Assignment: Any assignment of this agreement due to change in ownership requires the
approval of the City Council to continue on the tow rotation.Any change of ownership must be
reported to the Police Department in writing within seven(7) days of such change.Thereafter,
Police Department will review the proposed new owner(s) under the standards set out in this
Agreement and procedures the Police Department adopts therefor. Within 30 days of the date of
notification of the change of ownership, the Police Department shall report the results of its
review to the City Council,which shall approve or deny the assignment of this Agreement to the
new owner. In the event the City Council denies the assignment,the Agreement shall terminate
as of the date of such denial and the Police Department shall initiate procedures to replace the
Tow Carrier in the towing rotation. Such termination is not subject to the appeal provisions
hereof or of Resolution No. 2005-286.
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16. Standards for Performance:While involved in City rotation tow operations or related business, a
the Tow Carrier and/or employees shall refrain from any acts of misconduct including,but not
limited to,any of the following:
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a. Rude or discourteous behavior;
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b. Lack of service, selective service, or refusal to provide service which the ~
Towing Carrier should be capable of performing; r'
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c. Any act of sexual harassment or sexual impropriety;
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d. Unsafe driving practices; �°,
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e. Exhibiting any objective symptoms of alcohol and/or drug use; (D
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f. Appearing at the scene of a City rotation tow call with the odor of an alcoholic B
beverage emitting from the Tow Carrier's employee's breath. The Towing Carrier employee shall a
submit to a preliminary alcohol screening test upon demand of the City;
g. 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;
h. Traffic Violations;
i. 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
4834-4847-6167.1 15
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2011-80
violations may be cause for disciplinary action against the Towing Carrier
and/or the involved employee(s);
ii. Any flagrant traffic violation maybe cause for immediate disciplinary
action against the Towing Carrier and/or the involved employee(s); and,
iii. 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;
i. 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 E
involved in a City rotation tow call shall be cause for removal of the Tow Carrier from the list of
current City rotation, denial of Towing Carrier application,or termination of this Agreement;
a
j. A Tow Carrier or employee arrested/charged for a violation involving any of
the above crimes may be suspended until the case is fully adjudicated.Records of violations shall be
retained by the City for at least 36 months; N
3
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k. A violation of the equipment requirements related to safety shall be cause for
immediate suspension of the Tow Carrier from the tow rotation.The suspension will remain in effect
to
until the period of suspension is completed and the City has conducted an inspection and concluded 7T
the Tow Carrier is in compliance; CD
0
1. A violation of the G V WR and safe loading requirements of a tow truck may
be cause for immediate suspension of the Tow Carrier. This includes exceeding the tow truck's
GVWR, front axle weight rating, rear axle weight rating, maximum tire weight ratings, or not m
E
maintaining 50 percent of the tow truck's unladen front axle weight on the front axle when in tow;
M. A violation of intentionally overcharging or a pattern of overcharging or of a
non-payment of City fees shall be cause for suspension of the Tow Carrier. The suspension will
remain in effect-until the period of suspension is completed and the Tow Carrier has presented proof
to the City that reimbursement has been made to the aggrieved customer;
n. City personnel shall not be offered gratuities,and requests for gratuities shall
not be honored by Tow Carriers, employees, or associates of the Tow Carrier. A violation of this
section shall be cause for suspension or termination;
o. Failure of the Tow Carver 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 Carver has presented proof of the
reimbursement;
4834-4947-6167.1 16
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2011-80
P. Failure of the Tow Carrier to comply with the inspection requirements of this
Agreement for Tow Services shall result in a suspension.The suspension will remain in effect until
the period of suspension is completed and the Tow Carrier has complied with the inspection
requirement;
q. Failure of the Tow Carrier 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 Tow Carrier has presented proof to the
City that the driver is qualified and competent; and,
r. Failure of the Tow Carrier to maintain the minimum insurance requirements
set forth in the Agreement for Tow Services will immediately nullify the Agreement for Tow
Services. The Tow Carrier will be subject to an additional suspension for failure to notify the City in
advance of the insurance policy expiration or cancellation. E
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17. Suspension and Termination for Cause: The City shall take disciplinary action against Tow
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 tenns and conditions of this Agreement for Tow
Services. Cn
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a. Violations of the terns and conditions of this Agreement may be cause for disciplinary
action against the Tow Carrier as follows;in lieu of termination,the City may impose
to
additional suspension for longer periods,if deemed appropriate;
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i. First violation within a 12 month period-letter of written reprimand; r
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No changes to these per PD-, 04
ii. Second violation within a 12 month period- 1 to 30 day suspension; m
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iii. Third violation within a 12 month period-60 to 90-day suspension;and,
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iv. Fourth violation within a 12 month period-termination of the Agreement for
Tow Services.
b. Violations of the terms and conditions of this Agreement 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;
i. When considering punitive action for a major violation ofthe Agreement,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,
ii. Termination shall be invoked if, in the City's sole judgment, continued
participation in the Rotation Tow Program by the affected Towing Carrier
48344847-6167.1 17
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2011-80
may result in a hazard to public safety and/or welfare,or 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;
C. 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;
d. Administrative Hearing: In the event the City serves the Towing Carrier with c
Disciplinary action, the Towing Carrier may request a hearing within seven calendar days by E
submitting a request in writing to the Traffic Sergeant at the Police Department. If a hearing is L
requested, it shall be held as soon as practical. The hearing shall be conducted by the Traffic a
Sergeant or designee, and the Tow Carrier shall be entitled to present all relevant facts and
circumstances in support of the Tow Carrier's position.The Tow Carrier shall be further entitled to
present testimony of at least one qualified person.The Tow Carrier shall be notified in writing of the m
Traffic Sergeant's decision(s) within ten business days of the date of completion of the hearing; CO
0
e. Appeal from Administrative Hearing:Following a hearing,if the Tow Carrier
is dissatisfied with the Traffic Sergeant's decision(s),the Tow 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; °C,
f. A suspension shall not take effect until the hearing and appeal process has N
been exhausted,with the exception of Tow Carriers whose conduct deemed to be a danger to the c
motoring public or who continue to violate the terms and conditions of this Agreement for Tow E
Services.if a Tow Carrier fails to request a hearing or appeal,the action taken by the,City shall be v
final,and the suspension shall take effect upon written notification to the"Tow Carrier by the City;
and Q
g. A terminated or suspended Tow Carrier, and/or the Tow 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 Tow 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 16 regarding termination
due to a change in ownership.
18. Notice: Any notice to be given pursuant to this Agreement by either party to
The other shall be given by personal service or shall be deemed given when deposited with the
United States Postal Service, first class,postage prepaid,and addressed as follows:
4834-4647-6167.1 18
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2011-80
Ar
To the City: City Manager
300 North"D" Street
San Bernardino,CA 92418
To Towing Carrier: Wilson Towing LLC
2310 E. 3rd Street
San Bernardino,CA 92410
19. Miscellaneous: This Agreement represents the entire Agreement between the City and the Tow
Carrier and fully supersedes any and all previous Agreements enter into by and between the City
and Tow Carrier. This Agreement may be amended only in writing agreed upon by all affected
Tow Carriers.No waiver of any term or condition of this Agreement shall be a continuing waiver
thereof. E
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20, Attorneys' Fees: In the event of litigation to enforce this Agreement,the prevailing party in Q
such litigation shall be entitled to reasonable costs and attorneys' fees, as determined by the
Court. As used here, "attorneys' fees" includes the costs, salary and expenses of the City
Attorney and members of his office.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and 10
date first above shown.
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CITY OF SAN BERNARDINO
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By: N
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City of San Bernardino
E
Attest:
By: w
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TOW CARRIER:WILSON TOWING LLC
By:
Print Name:
Approved as to Form:
JAMES F. PENMAN
City Attorney
By:
4834-4847-6167.1 19
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5.H.a
2011-80
To the City: City Manager
300 North"D"Street
San Bernardino,CA 92418
To Towing Carrier: Wilson Towing LLC
2310 E. P Street
San Bernardino,CA 92410
19. Miscellaneous: This Agreement represents the entire Agreement between the City and the Tow
Carrier and fully supersedes any and all previous Agreements enter into by and between the City
and Tow Carrier. This Agreement may be amended only in writing agreed upon by all affected
Tow Carriers.No waiver of any term or condition of this Agreement shall be a continuing waiver r
thereof.
d
20. Attorneys' Fees: In the event of litigation to enforce this Agreement,the prevailing party in
such litigation shall be entitled to reasonable costs and attorneys' fees, as determined by the a
Court. As used here, "attorneys' fees" includes the costs, salary and expenses of the City
Attorney and members of his office.
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and o
date first above shown.
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CITY OF SIAN BERNARDINO v
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By. N
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City of San Bernardino E
Atte z
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TOW CARRIER:WILSON TOWING LLC
By: VA CA-,,
Print Name: _tF + ! ja NA \h4 W
Approved as to Form:
�L s u,tTVY-11'
Timo*y J. Sabo
Special Counsel
48344847-6167,1 19
Packet Pg. 160
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Packet Pg. 161
5.H.a
E1 IT A
TOW CARRIERS MINIMUM REQUIREMENTS
(EFFECTIVE FOR TOW CARRIERS EN`T'ERING THE CITY'S
TOW ROTATION AFTER THE EFFEC'T'IVE DATE OF THIS RESOLUTION)
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.
Y
C. Security fencing around the entire outside storage space.
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D. Monitored alarm system-If the outside storage space is not alarmed,the inside storage trust Q
be. N
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E. Minimum of three Class A tow trucks.
U)
F. Current City Business License. 0
G. Certificate of Occupancy.
a)
H. Hazardous Material Handler's Permit,
L Have either an inside or outside customer waiting area for at least five customers of 100 0
square feet. The outside waiting area shall exclude parking and landscape arras. Y
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J. Have a minimum of three years of for-hire towing experience as an owner/principal or have E
a qualified manager with the experience. w
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K. Have an attendant on call twenty-four (24) hours a day, seven days a week at place of
business.
L. Have no more than two telephone number's listed with any City depar=m t.
M. Store towed vehicles in a safe, lighted and protected space where the vehicles and their
contents will not be accessible to thieves nor be damaged by activity in the carrier
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 occurring to any such vehicle or its contents.
N. Post a tag on the windshield of all cars ordered impounded by the City.
0 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.
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2011-80
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 veri fied by the officer ordering the E
same and make the slip available to the City on request.
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S. Release no impounded vehicle without first having obtained a release from the City to do
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so.
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T. Agree to a rotation system established by the City. 3
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U. Comply with all rules, regulations and laws of the State of California, County of San 0;
Bernardino and City of San Bernardino.
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impounds, and storage of motor
V. Have adequate equipment to handle calls from the city, o
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vehicles. r
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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
s
the City of San Bernardino.
X. Carry a broom,trash can and sand,clean and remove broken glass,spilled oil,or gasoline
a
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
inchuft 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 _
Packet Pg. 163
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• 1,-gQ - -
a combined single limit of not less than$754,000 for Class A tow trucks.
These minimum standards are to include non-awned 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 Kocper's liability - Includes pia and
operations, Coverage for bodily injury and property damage with a
combined single limit of not less than$500,004.
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2. Proof of insurance shall be in the form of a certificate of insurance. Policy
expiration or cancellation will immediately nullify the Agroement for Tow Services a
between the carrier and the City. The operator's insurance policy shall provide for U
not less than 30 days written notice to the City in the event the insurance policy is
canceled or is due to expire. in
3
Z. Tow vehicles shall be rated at a minimum of 14000 GVWR.(Class A) F-
0)
1. Tow Truck and Car Carrier Classifications: Tow truck and car carrier
classifications are based on the truck chassis Gross Vehicle Weight Rating(GVWR) o
and the classification system used by the American Trucking Association(ATA)
and truck manufacturers. o
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2. Towing Limitations:
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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(FAWR) or a
Rear Axle Weight Ratings(RAWR)-
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 is a prominent location to
identify the manufacturer, serial number,model, and rated capacity.
4. Recovery Equipment Rating: The basic perfbrmance rating of the recovery
equipment is the weight the equipment can lift in a winching
mode,when the boom
is static at it 30 degree elevation with the load lines vertical and the lifting cables
3
Packet Pg. 164
5.H.a
• 20..1- 0
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 mdng as specified by the original equipment manufacturer
(OEM)for the equipment.
5. ControUSafety Labels: All controls shall be clearly marked to indicate proper
operation, as well as any special warnings or cautions. a
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6. Uniforms: City rotation tow drivers shall wear an identifiable uniform shirt
displaying the company and driv er's names while engaged in City rotation tow N
operations. 3
0
Vests: City rotation tow drivers shall wear a safety vest or reflectoriziug
H
7 Safety ational Safety and Health Administration (OSHA)
clothing, meeting 4�P
requirements. o
t additional points or deduct points as set forth in Exhibit B to Resolution
AA. The City may gran N
No.
requirements imposed by any city,county,State
BB. No tow carrier is exempt from meeting legal rey E
or Federal laws or regulations. An example of this is the Clean Water Act.
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EXHIBIT"B"
Packet Pg. 166
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• 2011-80
EXHIBIT "B"
Preliminary Application .,Review
4 Applications that do not currently meet all of the following
m mum qualifications will be rejected and returned to the tow
carrier with a cover letter stating the reasonls for rejection.
Tow Carrier Name Date
Internal Use Only
Qualification Yes No
1. Meets a1 standards of the most current city resolution establishing standard criteria
for tow co anies.
2. Tow business office and storage facility located within San Bernardino City limits. E
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3. Minimum Outside Storage of 200 vehicles,65,000 sq.ft.
4. Minimum Inside Storage of 2,000 sq.ft. a
5. Secure,lighted storage facility �
6. Attendant on-duty 24 hours
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7. 24 how service including weekends and holidays 3r
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8. Minimum of three certified Class A tow trucks
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9. Current City Business license
10. Certificate of Occupancy [ ]Permanent [ ]Temporary
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11. Hazardous Material Handlers Permit Current 00
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12. Monitored Alarm System: If outside perimeter is not alarmed then inside storage N
must be. r
13. Minimum inside waiting area of 100 sq.ft.
14. Minimum outside waiting area,excluding parking space and landscaping,of 100
sq. ft. E
15. Operator has three years of verifiable towing experience as an owner or principle, Q
or has a full time mnam er who possessm the reauked expMence.
16. Financial Interest in another tow company providing services to the City
17. Prior convictions),guilty plea, or nolo contendere plea that excludes tow carrier
Comments
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UATow stuft\Application Prcliminary Review Check List 2-1-011-doe
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EXHIBIT "c"
SELECTION
PROCESS ATTACHMENT
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Tow Carrier. Date:
Contact Itformutlon
Agency Name Contact Person
Title Telephone# pate of Contact
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Governmental ency Tow Service History °
Agency of Negative
Number Complaint History
Actions #Unfounded N
#Sustained ..
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Revised 711912005
Packet Pg. 169
2011-RQ
EXHIBIT "G"
SELECTION PROCESS ATTACHMENT
Each tow carrier shall be awarded a point value for each of the in-epth investigation categories. The
points may range from negative values(deductions)to positive values(additions). Meeting the minimum
qualifications in a specific category will have a point value of zero.
Tow Service History Points Lost
Negative Actions are defined as any notioe of Total Points Lost
disciplinary action by a govertm rental agency or issuance
of a citation that results in sanctions or conviction,
1 - 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
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Business Expiration Date:
License Number: a,
Sub-Tour Tow Service History
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Facility Inspection t'
Minimum Outside Additional Outside Space Minimum Inside Additional Inside Space Total
Storage Space 10,000-20,000 sq.ft.=+5 Storage Space 1,000-1,500 sq.ft..+5 Points :.:
Required 65,000 sq.ft. 20,001+sq.ft.=+10 Required 2,000 sq.ft. 1,501 +sq.ft. =+10 m
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Office Area Front of Business Rear of Business--2 Unimproved Walkway for customer a
Location/Across No Obstructions access=-2
0
Staffing/Organization 1 person to 2-4 able to conduct routine business=+2
•Routin baxirm 3a>�dx conduct routine 5+able to conduct routine business +5
r6me.nd wee dvehicks• business
0
Customer Inside 100 sq,ft.minimum=0 Seating for Public access to customer files
Wai ' Axes 100 additional sq,ft=+2 Customers +2 =-10
Revised 7/19/2005
Packet Pg. 170
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2011-SO
- SRHISIT "G"
SELECTION PROCESS ATTACHMENT
Customer Outside 100 sq.I of outside Entire Area Covered=+2
Waiting Area waiting arcs=+2 Some Area Covered=+1
(euhlding parking Seating for Customers=+2
and land
■ Security/Fencing No Damaged Areas a 0 Yard Motion Beams a+2
«n n p is aas thtt allow Damged Areas=_5 Reearded Vidoo Camera
tlnintG"am to =+5
Vebic s
IIOWTmcks Material Store e& improper Stotagc/item
Handler Permits Solid=-2.Li uid=-5
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Minimum of 3 Certified Additional Certified Class A
Class A Trucks Trucks Q
1-3=+2.4+=+5 �'
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Tow Truck Broken or Damaged Equipment=-1 per item Missing or Non-Useable Equipment rn
Equipment -5 ptr item o
Required Equipment
*Specified an Tow Truck rn
-ZPWI ces On File=0 Missing=-5 per driver 00
ee6rds On Site=0 Readily Accessible=+2 Not readily accessible= u
Immedlate RatrWYW of Records -5
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Comments:
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Subtotal of Tow Su Mee History Points
Subtotal of FUMY Insspectioa Points
Total Points
In Depth Investigation Conducted By:
Print Name and Rank
Reviewed I Approved By:
Print Name and Rlsnlc
Revised 7/19n005
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2011-80
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2011-80
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City of San Bernardino
Selection Proeeas 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 arc 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.
2. Interested tow carriers request application packages through the SBPD Traffic Unit.
I The SBPD Traffic Unit mails or gives an application package to the requesting tow carrier:
d
a) Letter acknowledging request for package E
b) Tow Rotation List Application/Copy of current Agreement For
Tow Services
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4. Tow Carrier returns completed application by due date for consideration.
5. The SBPD reviews the returned application to ensure that the applicant moots the
criteria: o
a) Criteria met,letter seat to tow carrier a;
b) Criteria not met,letter sent to tow carrier
6. Application package assigned for completion: CD
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a) Contact Government agencies to whom tow carrier provides service N
b) Business licensing
c) Certificate of occupancy
d) Hazmat handlers permits E
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7. Conduct inspection:
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a) Licensing I Hazmat requirements compliance
b) Rate poss&g 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
carrie(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) Dented Resolution
c) Agreement for Tow Services between the City of San Bernardino
r and tow carrier
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• 2011-80
EXIHBIT"E"
RIGHTS OF PERSONS WHOSE VEHICLES
ARE TOWED AT THE REQUEST OF THE
CITY OF SAN BERNARDINO
(TO BE POSTED IN VISIBLE LOCATION IN 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.
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The owners'rights are summarized as follows: E
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1. Notice to the registered and legal owners of the vehicle within 10 days of being towed
of location of vehicles and charges.
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2. Normal business hours are 8:00 am. to 5:00 p.m. Monday through Friday except
recognized holidays of New Year's Day,Martin Luther King Day,Presidents'Day,Memorial Day, )
Independence Day,Labor Day,Veteran's Day,Thanksgiving Day and Christmas Day. 0
3. Business hours to be posted for viewing by the public.
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4. Tow operators shall respond to after hours release within thirty minutes. co
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5. Tow operators shall accept all guaranteed forms of payment and widely accepted
credit cards without a surcharge.
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6. If a stored or impounded vehicle is not released once proper documentation and U
identification are provided and all charges paid,further storage charges shall cease as of the date of y
presentation and payment. Q
7. Itemized invoices shall be provided.
8. Right to file a complaint with the City of San Bernardino.
Packet Pg. 175
5.N
RESOLUTION (ID#4385) DOC ID: 4385 A
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Jarrod Burguan MICC Meeting Date: 04/04/2016
Prepared by: Raymond King, (909) 384-
5742
Dept: Police Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the Execution of Amendment No. 2 to the Tow Services Agreements with City Towing,
Hayes Towing, Danny's Towing, Tri-City Towing, Big "Z" Auto Works, and Wilson
Towing. (#4385)
Current Business Registration Certificate: Yes
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Financial Impact: a
Account Budgeted Amount: $408,000
Account No. 001-210-0000-4215
Account Description: Tow Franchise in
Balance as of: 3/30/16 is $278,792 3
Balance after approval of this item: $408,000 E°-
Please note this balance does not indicate available funding. It does not include non-
encumbered reoccurring expenses or expenses incurred, but not yet processed.
Motion: Adopt the Resolution. 7
Synopsis of Previous Council Action:
i
July 13, 1995 First Tow Service Agreement was approved by Council (Resolution d
#1995-241) requiring a minimum storage capacity of 200 vehicles.
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July 8, 1998 Resolution#1998-195 was approved by Council thereby repealing
the previous resolution. A population ratio was created permitting
one tow carrier to operate within the City per 40,000 residents.
a
May 20, 1999 Resolution#1999-86 set the franchise fee at$24,000 per month
total and is to be shared equally by the tow carriers. The
agreement required the Police Department to determine the
franchise fee annually.
August 15, 2005 Resolution#2005-286 established standard towing criteria. A
population ratio was created permitting one tow carrier to operate
within the City per 35,000 residents.
December 19, 2005 Resolution #2005-434 through#2005-439 authorized Tow Service
Agreements with six tow carriers.
Updated: 3/31/2016 by Jolena E. Grider A Packet P
Packet Pg. 176
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5.N
4385
September 8, 2008 Resolution#2008-347 set the franchise fee at$38,841 per month
total and amended Resolution#2005-286. The City's existing Tow
Service Agreement was amended to require the Police Department
to determine the franchise fee annually.
March 4, 2009 An impound yard concept was presented to the Ways & Means
Committee and staff was directed to return with a comprehensive
business plan.
July 22, 2009 A comprehensive business plan was presented to the Ways &
Means Committee.
August 5, 2009 The Ways & Means Committee recommended the item be
forwarded to the Common Council for consideration.
August 17, 2009 Motion to approve a Police Operated Impound Facility was
considered, but not approved by the Mayor and Common Council. E
as
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February 18, 2010 Resolution #2010-28 set the franchise fee at$31,689. 28 per month a
total.
July 6, 2010 Common Council directed staff to update the business plan for FY
Cn
2010/2011. 3
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August 16, 2010 Motion to approve a Police Operated Impound Facility was
considered, but tabled by the Mayor and Common Council. The
City Manager was directed to bring the item back at a later time.
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January 10, 2011 Mayor and Common Council directed the City Manager to place an v
agenda item on the Council meeting agenda for February 22, 2011, 0'
either (1) establishing the revised franchise fee for Tow Services
Agreements for calendar year 2011, or (2) approving a revised form
of Tow Services Agreement. d
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February 22, 2011 Resolution #2011-34 set the franchise fee at$21,299 per month a
total. r
April 4, 2011 Resolution #2011-80 authorized the City Manager to execute Tow
Service Agreements with the six tow carriers (City Towing, Hayes
Towing, Danny's Towing, Tri-City Towing, Big "Z" Auto Works, and
Wilson Towing) who are currently participating in the program and
operating within the incorporated boundaries of the City of San
Bernardino. The term of this agreement is five (5) years.
April 18, 2011 Resolution#2011-91 amended Resolution #2005-286 regarding
towing regulations.
March 9, 2016 The Ways & Means Committee recommended amending
Resolution #2011-80 regarding the term and franchise fee, and
Updated: 313112016 by Jolena E. Grider A
PackePacket Pg.t P .221
177
6.N
4385
reopening the evaluation process for tow applicants.
Background:
On April 4, 2011, Resolution #2011-80 authorized the City Manager to execute a Tow
Service Agreement with the six tow carriers (City Towing, Hayes Towing, Danny's
Towing, Tri-City Towing, Big 7" Auto Works, and Wilson Towing) who are currently
participating in the program and operating within the incorporated boundaries of the City
of San Bernardino. The term of this agreement is five years and is due to expire on April
4, 2016.A month-to-month one-year extension of the agreement is reasonable and
gives the Police Department an opportunity to reevaluate the application process for
towing vendors and the total number of vendors authorized per city population.
The only changes to the existing Tow Service Agreement with the six authorized tow
carriers relates to the recital, term, and franchise fee. During the term of Amendment EE
Number Two of the Tow Service Agreement, the City will be permitted to pursue an
analysis of potentially operating an impound facility, in the future. The term of the a
amended agreement will be month-to-month for one year from the date of execution
and can be terminated at any time following written notification. Each tow carrier will
continue to be charged the franchise fee for the specific number of tows that they had d
as a result of the City's request. The tow carriers, during the term of the original 3
agreement, saw a 3% increase in the franchise fee each fiscal year. This current fiscal F
year(Year 5) has a fee of$79. 00 per vehicle towed. The month-to-month one-year
extension of the agreement will see a 3% increase in the franchise fee for fiscal year
2016/2017 (Year 6). Effective July 1, 2016, the "per vehicle towed fee"will be $81. 37.
to
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This agreement amendment will not impact the current fiscal year. The increase in the M
franchise fee could net an additional $15,689 for fiscal year 2016/2017. o�
City Attorney Review:
Supporting Documents:
Resolution (DOC) E
agrmt. 4385A (PDF)
agrmt. 4385B (PDF) a
agrmt. 4385C (PDF)
agrmt. 4385D (PDF)
agrmt. 4385E (PDF)
agrmt. 4385F (PDF)
Updated: 3/3112016 by Jolena E. Grider A Packet Pg.222
Packet Pg. 178
5.H.b
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(W RESOLUTION NO.
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 2
3 TO THE TOW SERVICES AGREEMENTS WITH CITY TOWING, HAYES
4 TOWING, DANNY'S TOWING,TRI-CITY TOWING, BIG"Z" AUTO WORKS, AND
WILSON TOWING.
5
WHEREAS,on August 15,2005,the Mayor and Common Council passed Resolution
6 2005-286 establishing standard towing criteria for the six tow carriers on the City's tow
7 rotation and authorizing a form of tow services agreement attached to the Resolution; and
g WHEREAS, the City Manager's office has worked with the Tow Carriers and
Police Department to agree on updated franchise and other fees and a separate and updated _
9 Tow Services Agreement; and E
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10 z
WHEREAS, implementation of the updated franchise fee and new Tow Services a
I 1 Agreement requires an amendment to the current Tow Services Agreements. Resolution No. E 0
2005-286,which will continue to govern involuntary tows as amended;and v
12 E
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13 WHEREAS, the Tow Services Agreement has been reorganized for ease of Q 3
understanding; the provisions of Resolution No.2005-286 regarding franchise fees, i—°
14 assignment and term have been revised;and 0)
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WHEREAS, all six Tow Carriers have agreed in their respective Tow Carrier LO
16 Agreements to such amendments,changes and modifications to Resolution No. 2005-286 as r00i
17 contained in the Tow Services Agreements; and N o�
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18 WHEREAS, this action is exempt from CEQA as it is the amendment of an existing 4s
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regulatory enactment. E
19 E
NOW,THEREFORE,IT IS HEREBY RESOLVED,DETERMINED AND R
20 ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN a a
21 BERNARDINO,AS FOLLOWS:
22 Section 1. The City Manager is hereby authorized to execute Amendment No. Two to
23 the Tow Services Agreements with City Towing, Hayes Towing,Danny's Towing, Tri-City
Towing, Big"Z" Auto Works, and Wilson Towing, copies of which are attached hereto as
24 Exhibits"A-F"and incorporated herein.
25
26
27
28
Packet Pg.223
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5.H.b
S.N.a
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 2
2 TO THE TOW SERVICES AGREEMENTS WITH CITY TOWING, HAYES
TOWING, DANNY'S TOWING,TRI-CITY TOWING,BIG "Z" AUTO WORKS,AND
3 WILSON TOWING.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting
6 thereof, held on the day of , 2016, by the following vote,to wit:
7
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ N
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10 BARRIOS z
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14 NICKEL !'
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15 RICHARD v
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16 MULVIHILL ° 00
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Georgeann Hanna,CMC,City Clerk E
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The foregoing resolution is hereby approved this day of , 2016.
20 Q y
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22 R.Carey Davis, Mayor
23 City of San Bernardino
24 Approved as to form:
Gary D. Saenz, City Attorney
25
By:
26
27
28
Packet Pg.224
Packet Pg. 180
r.
5.N.b
Exhibit A
a
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN 13ERNARDINO AND CITY TOWING FOR TOWING SERVICES
This Amendment Number Two (the "Second Amendment") is entered into this day of
20 ,BY AND BETWEEN:
S
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the City of San Bernardino, a Charter City organized tinder the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY");
AND,
i
City Towing, a towing provider, incorporated under the laws of the State of California
' and having its principal place of business at 530 W 10th Street, San Bernardino,
California (the "VENDOR") (individually CITY or VENDOR may be referred to as a `+
"PARTY"and collectively CITY and VENDOR may be referred to as the"PARTIES"). z E
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WITNESSETH : a
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WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow
Service Agreement(the"Agreement")for involuntary tow service;and, Q
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WHEREAS, CITY and VENDOR desire to amend the Agreement for Tow Service and ~ �'
desire to amend their rights, duties, and liabilities in connection with their performance °c,o CD
thereunder;and, �r
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NOW, THEREFORE, for and in consideration of the mutual covenants and conditions v co
contained herein,the PARTIES hereby agree as follows: E o�
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1. RECITALS. Section E is hereby deleted.
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2. Section 2(a) of the Agreement is amended to a month-to month term for a period of one E E
(1)year commencing on the Effective Date. e
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3. Section 10(c) of the Agreement is amended to include Year 6 (July 1, 2016 through June
30, 2017) - $81.37/vehicle -- a 3% increase from Year 5 (July 1, 2015 through June 30, 2016)
rate at 579/vehicle.
4. Effective Date. This Agreement shall take effect in the manner as provided in the City
Charter.
AMENDMENT NO.2TO TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN
)BERNARDINO AND CITY TOWING FOR TOWING SERVICES
Page 1 of 2
Packet P .225
Packet Pg.181
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Exhibit A
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
TITE CITY OF SAN BERNARDINO AND CITY TOWING FOR TOWING SERVICES
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: ,2016 VENDOR: [Name of Vendor]
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By:
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Dated _ ,2016 CITY OF SAN BERNARDINO E
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Mark Scott, City Manager c o
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APPROVED AS TO FORM: �
Gary D. Saenz,City Attorney a ,j,
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AMENDMENT NO.2TO TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND CITY TOWING FOR TOWING SERVICES
Page 2 of 2
Packet P . 22fi
Packet Pg. 182
S.N.c
Exhibit B
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND HAYES TOWING FOR TOWING SERVICES
This Amendment Number Two (the "Second Amendment") is entered into this day of
_,20 , BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an. address of 300 N. "D" Street, San Bernardino, California (the
"CITY");
AND,
Hayes Towing, a towing provider, incorporated under the laws of the State of California
and having its principal place of business at 5486 Industrial Parkway, San Bernardino,
California (the "VENDOR") (individually CITY or VENDOR may be referred to as a a
"PARTY"and collectively CITY and VENDOR may be referred to as the"PARTIES"), z6 v
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WITNESSETH : a
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WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow E
Service Agreement(the"Agreement")for involuntary tow service;and, N
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WHEREAS, CITY and VENDOR desire to amend the Agreement for Tow Service and
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desire to amend their rights, duties, and liabilities in connection with their performance °O a>
thereunder;and, v to
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NOW, THEREFORE, for and in consideration of the mutual covenants and conditions 00,
contained herein,the PARTIES hereby agree as follows: 4� of
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1. RECITALS. Section E is hereby deleted.
2. Section 2(a) of the Agreement is amended to a month-to month term for a period of one E
(1)year commencing on the Effective Date.
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3. Section 10(c) of the Agreement is amended to include Year 6 (July 1,2016 through June
30, 2017) - $81.37/vehicle — a 3% increase from Year 5 (July 1, 2015 through June 30, 2016)
rate at$79/vehicle.
4. Effective Date. This Agreement shall take effect in the manner as provided in the City
Charter.
AMENDMENT NO. 2 TO TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND HAYES TOWING FOR TOWING SERVICES
Page 1 of 2
Packet Pg.227
Packet Pg. 183
5.N.c
Exhibit B
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND HAYES TOWING FOR TOWING SERVICES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: �,2016 VENDOR: [Name of Vendor]
By:
Its:
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Dated ,2016 C1I'Y OF SAN BERNARDINO
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BY= E s'
Mark Scott, City Manager a cn
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APPROVED AS TO FORM: co
Gary D. Saenz,City Attorney
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AMENDMENT NO.2 TO TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND HAYES TOWING FOR TOWING SERVICES
Page 2 of 2
Packet Pg. 228
Packet Pg. 184
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&NA
Exhibit C
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND DANNY'S TOWING FOR TOWING
SERVICES
This Amendment Number Two (the "Second Amendment") is entered into this day of
,20 ,BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY");
AND,
Danny's Towing, a towing provider, incorporated under the laws of the State of
California and having its principal place of business at 2305 W. Highland Avenue, San N
Bernardino, California (the "VENDOR") (individually CITY or VENDOR may be z° E
referred to as a"PARTY"and collectively CITY and VENDOR may be referred to as the a,
"PARTIES"). E a
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WITNESSETH :
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WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow 0) o
Service Agreement(the"Agreement")for involuntary tow service;and, L
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WHEREAS, CITY and VENDOR desire to amend the Agreement for Tow Service and v
desire to amend their rights, duties, and liabilities in connection with their performance to ,r,
thereunder; and, co
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NOW, THEREFORE, for and in consideration of the mutual covenants and conditions L.
contained herein,the PARTIES hereby agree as follows:
I. RECITALS. Section E is hereby deleted. E E
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2. Section 2(a) of the Agreement is amended to a month-to month term for a period of one a a
(1)year commencing on the Effective Date,
3, Section 10(c) of the Agreement is amended to include Year 6(July 1, 2016 through June-
30, 2017) - $8137/vehicle — a 3% increase from Year 5 (July 1, 2015 through June 30, 2016)
rate at$79/vehicle.
4. Effective Date. This Agreement shall take effect in the manner as provided in the City
Charter.
AMENDMENT NO.2 TO TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND DANNY'S TOWING FOR TOWING SERVICES
Page i of 2
Packet P .229
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Exhibit C
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND DANNY'S TOWING FOR TOWING
SERVICES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: ,2016 VENDOR: [Name of Vendor]
By:
Its:
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Dated 22016 CITY OF SAN BERNARDINO E a
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By: Q Cn
Mark Scott, City Manager o
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APPROVED AS TO FORM:
Gary D. Saenz,City Attorney
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AMENDMENT NO.2 TO TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND DANNY'S TOWING FOR TOWING SERVICES
Page 2 of 2
Packet Pg.230
Packet Pg. 186
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Exhibit D
'. AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND TRI-CITY TOWING FOR TOWING
SERVICES
This Amendment Number Two (the "Second Amendment") is entered into this day of
20 ,BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY");
AND,
Tri-City Towing, a towing provider, incorporated under the laws of the State of
California and having its principal place of business at 1661 W. Walnut Street, San N
Bernardino, California (the "VENDOR") (individually CITY or VENDOR may be z° E
referred to as a"PARTY"and collectively CITY and VENDOR may be referred to as the
"PARTIES"). E a
WITNESSETH: E Z
a in
WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow � o
Service Agreement(the"Agreement")for involuntary tow service;and, t—
go rn
WHEREAS, CITY and VENDOR desire to amend the Agreement for Tow Service and
desire to amend their rights, duties, and liabilities in connection with their performance
to Ul)
thereunder; and, co co
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein,the PARTIES hereby agree as follows:
CU
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1. RECITALS. Section E is hereby deleted. E E
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2. Section 2(a) of the Agreement is amended to a month-to month term for a period of one a w
(1)year commencing on the Effective Date. Q
3. Section 10(c) of the Agreement is amended to include Year 6 (July 1, 2016 through June 30,
2017) -$81.37/vehicle—a 3% increase from Year 5 (July 1,2015 through June 30, 2016)rate at
$79/vehicle.
4. Effective Date. This Agreement shall take effect in the manner as provided in the City
Charter.
AMENDMENT NO.2 TO TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND TRI-CITY TOWING FOR TOWING SERVICES
Page 1 of 2
Packet Pg.231
Packet Pg. 187
5.N.e
Exhibit D
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND TRI-CITY TOWING FOR TOWING
SERVICES
IN WITNESS THEREON, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: , 2016 VENDOR: [Name of Vendor]
By:
Its: ;.
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Dated $2016 CITY OF SAN BERNARDINO Q
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By:
Mark Scott, City Manager o
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APPROVED AS TO FORM:
Gary D. Saenz,City Attorney ° `O LO
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Page 2 of 2
Packet Pg.232
Packet Pg. 188.
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Exhibit E
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND BIG 11Z"AUTO WORKS FOR TOWING
SERVICES
This Amendment Number Two (the "Second Amendment") is entered into this day of
20 , BY AND BETWEEN:
Y. the City of Sara Bernardino, a Charter City organized under the laws of the State of
a California, with an address of 300 N. "D" Street, San Bernardino, California (the
E
"CITY");
AND,
Big "Z" Auto Works, a towing rovider, incorporated under the laws of the State of
p p
California and having its principal place of business at 274 N. I Street, San Bernardino, N d
California (the "VENDOR") (individually CITY or VENDOR may be referred to as a z E
"PARTY"and collectively CITY and VENDOR may be referred to as the"PARTIES"), c a
WITNESSETH :
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E 4)
WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow Q co
Service Agreement(the"Agreement")for involuntary tow service;and, W E
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WHEREAS, CITY and VENDOR desire to amend the Agreement for Tow Service and to 0
desire to amend their rights, duties, and liabilities in connection with their perfonnance
thereunder; and, W
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NOW, THEREFORE, for and in consideration of the mutual covenants and conditions of
contained herein,the PARTIES hereby agree as follows: E m
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1. RECITALS. Section E is hereby deleted.
E E
E
2. Section 2(a) of the Agreement is amended to a month-to month term for a period of one U 0
(1)year commencing on the Effective Date.
Q
3. Section 10(c)of the Agreement is amended to include Year 6(July 1, 2016 through June
30, 2017) - $81.37/vehicle — a 3% increase from Year 5 (July 1, 2015 through June 30, 2016)
rate at$79/vehicle.
4. Effective Date. This Agreement shall take effect in the manner as provided in the City
Charter.
® AMENDMENT NO.2 TO TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND BIG"Z"AUTO WORKS FOR TOWING SERVICES
Page 1 of 2
Packet P .233
Packet Pg. 189
5.H.b
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Exhibit E
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
z
THE CITY OF SAN BERNARDINO AND BIG"Z" AUTO WORKS FOR TOWING
SERVICES
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IN WITNESS THEREOF, the Parties hereto have executed this Agreement on the day
r and date set forth below,
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Dated: 12016 VENDOR: [Name of Vendor]
By:
Its:
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Dated , 2016 CITY OF SAN BERNARDINO a
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By: _ a c)
Mark Scott, City Manager U) 3
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if APPROVED AS TO FORM:
Gary D. Saenz, City Attomey Ln
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AMENDMENT NO.2 TO TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND BIG"Z"AUTO WORKS FOR TOWING SERVICES
Page 2 of 2
Packet P .234
Packet Pg. 190
i.
S.N.g
Exhibit F
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
}
THE CITY OF SAN BERNARDINO AND WILSON TOWING FOR TOWING
SERVICES
r
This Amendment Number Two (the "Second Amendment") is entered into this _ day of
20 _,BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY");
AND,
Wilson Towing, a towing provider, incorporated under the laws of the State of California ..
and having its principal place of business at 2310 E. 3`d Street, San Bernardino, N
California (the "VENDOR") (individually CITY or VENDOR may be referred to as a z° aEi
"PARTY"and collectively CITY and VENDOR may be referred to as the"PARTIES"). a,
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WITNESSETH : = U
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WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow Q
Service Agreement(the"Agreement") for involuntary tow service;and, (n o
WHEREAS, CITY and VENDOR desire to amend the Agreement for Tow Service and M w
desire to amend their rights, duties, and liabilities in connection with their performance
thereunder;and, M LO
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NOW, THEREFORE, for and in consideration of the mutual covenants and conditions Vi
contained herein,the PARTIES hereby agree as follows: E 0
I. RECITALS. Section E is hereby deleted.
E E
2. Section 2(a) of the Agreement is amended to a month-to month term for a period of one
(1)year commencing on the Effective Date. a Q
3. Section 10(c) of the Agreement is amended to include Year 6 (July 1, 2016 through June
30, 2017) - $81.37/vehicle — a 3% increase from Year 5 (July 1, 2015 through June 30, 2016)
rate at$79/vehicle.
4. Effective Date. This Agreement shall take effect in the manner as provided in the City
Charter.
AMENDMENT NO.2 TO TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND WILSON TOWING FOR TOWING SERVICES
Page 1 of 2
Packet P .235
Packet Pg. 191
S.N.g
Exhibit F
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND WILSON TOWING FOR TOWING
SERVICES
IN WITNESS THEREOF, the parties hereto Dave executed this Agreement Oil the day
and date set forth below.
Dated: ,2016 VENDOR [Name of Vendor]
By:
Its:
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Dated ,2016 CITY OF SAN BERNARDINO a
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By: a
Mark Scott,City Manager o
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APPROVED AS TO FORM:
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Gary D. Saenz,City Attorney U
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® AMENDMENT NO.2 TO TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND WILSON TOWING FOR TOWING SERVICES
Page 2 of 2
Packet P . 236
' Packet Pg. 192
6.0
RESOLUTION (ID#4357) DOC ID: 4357 B
CITY OF SAN BERNARDINO- REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Marlene Miyoshi M/CC Meeting Date: 04/04/2016
Prepared by: Fawna Velci, (909) 384-
5140
Dept: Public Works Ward(s): 1,4,7
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Approving
a Cooperative Agreement with the City of Highland for Baseline Pavement
Rehabilitation (Del Rosa Drive to Cole Avenue), Baseline Sidewalk Gap Closures (Del
Rosa Drive to Cole Avenue), Baseline and 5Th Street Signal Coordination Upgrade,
Five (5) Corridors Signal Coordination Upgrade, Cole and Cypress Elementary Schools E
Project, Palm Avenue and Pacific Street Improvements and Warm Springs Elementary
School Project. (#4357) a
Current Business Registration Certificate: Not Applicable a
Financial Impact:
Cn
Reimbursements to the City of Highland for each Co-op Project will be paid out of the 3
various CIP projects approved in the FY 15/16 budget. E-°
Motion: Adopt the Resolution.
to
Synopsis of Previous Council Action:
None. o
Iq i
Background:
d
Portions of the seven (7) aforementioned projects are located partially within the
incorporated areas of the Cities of San Bernardino and Highland. In March 2015 City of
Highland approached City of San Bernardino staff, to explore the possibility of a =
cooperative agreement to conduct environmental, design, construction, construction
engineering and maintenance work as both cities share ownership of the streets. It is a
good management practice to coordinate maintenance and repair activities in these
situations, which will allow for similar maintenance efforts in the future, for aesthetic
purposes, and for economies of scale.
The seven joint projects include five construction projects, one design project, and one
shared maintenance project. As displayed in the table below, the total project
construction cost of first six projects is estimated to be $3,741,510. The City of Highland
will pay for the full construction cost of the seventh project and the City will share half of
the future maintenance cost . The City of Highland has secured four state grants in the
amount of$1,072,590 which substantially reduces the cost share of the joint projects.
The net cost for the City for all six projects is $355,941 and the shared cost of future
maintenance for the last project.
Updated: 3/31/2016 by Linda Sutherland B Packet P .237
Packet'Pg. 193
7&H.c
1 RESOLUTION NO.2016-73
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 2
3 TO THE TOW SERVICES AGREEMENTS WITH CITY TOWING, HAYES
4 TOWING,DANNY'S TOWING,TRI-CITY TOWING,BIG "Z" AUTO WORKS,AND
WILSON TOWING.
5
WHEREAS,on August 15,2005,the Mayor and Common Council passed Resolution
6 2005-286 establishing standard towing criteria for the six tow carriers on the City's tow
7 rotation and authorizing a form of tow services agreement attached to the Resolution;and
8 WHEREAS, the City Manager's office has worked with the Tow Carriers and
Police Department to agree on updated franchise and other fees and a separate and updated
9 Tow Services Agreement;and
10 a
WHEREAS,implementation of the updated franchise fee and new Tow Services
11 Agreement requires an amendment to the current Tow Services Agreements.Resolution No.
12 2005-286,which will continue to govern involuntary tows as amended; and N
13 WHEREAS,the Tow Services Agreement has been reorganized for ease of 0
understanding; the provisions of Resolution No.2005-286 regarding franchise fees,
14 assignment and term have been revised; and
15 WHEREAS, all six Tow Carriers have agreed in their respective Tow Carrier ti
16 Agreements to such amendments,changes and modifications to Resolution No. 2005-286 as c
17 contained in the Tow Services Agreements;and y
d
18 WHEREAS,this action is exempt from CEQA as it is the amendment of an existing
regulatory enactment.
19 E
20 NOW,THEREFORE, IT IS HEREBY RESOLVED,DETERMINED AND
ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN a
21 BERNARDINO,AS FOLLOWS:
22 Section 1, The City Manager is hereby authorized to execute Amendment No. Two to
23 the Tow Services Agreements with City Towing,Hayes Towing,Danny's Towing,Tri-City
Towing,Big"Z"Auto Works,and Wilson Towing,copies of which are attached hereto as
24 Exhibits"A-F" and incorporated herein.
25
26
27
28
Packet Pg. 194
S.H.c
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 2
2 TO THE TOW SERVICES AGREEMENTS WITH CITY TOWING, HAYES
TOWING,DANNY'S TOWING,TRI-CITY TOWING,BIG"Z" AUTO WORKS,AND
3 WILSON TOWING.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a joint regular meeting thereof,held on the
6 4t'day of April,2016,by the following vote,to wit:
7
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ X E
10 BARRIOS x a
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lI VALDIVIA x
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12 Cn
SHORETT x 3
13 0
14 NICKEL X
15 RICHARD X M
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16 MULVIHILL x :°-
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17
18
Georg Hanna, C,City Clerk
19 E
The foregoing resolution is hereby approved this _ day of April,2016. R
20 J ;,
a
21
22 R. Carey Davis/Mayor
City of San B ardino
23
24 Approved as to form:
Gary D. Saenz,City Attorney
25
26 By ���-
27
28
Packet Pg. 195
5.H.c
2016-73
Exhibit A
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND CITY TOWING FOR TOWING SERVICES
This Amendment Number Two (the "Second Amendment") is entered into this 4th day of April,
2016,BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY");
AND,
City Towing, a towing provider, incorporated under the laws of the State of California
and having its principal place of business at 530 W 10th Street, San Bernardino,
California (the "VENDOR") (individually CITY or VENDOR may be referred to as a E
"PARTY" and collectively CITY and VENDOR may be referred to as the"PARTIES"). L
as
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WITNESSETH :
WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow
d
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Service Agreement(the"Agreement")for involuntary tow service; and, 3
0
WHEREAS, CITY and VENDOR desire to amend the Agreement for Tow Service and cm
desire to amend their rights, duties, and liabilities in connection with their performance
thereunder;and, M
ti
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions c
contained herein,the PARTIES hereby agree as follows: o
N
N
1.RECITALS. Section E is hereby deleted.
2. Section 2(a) of the Tow Service Agreement is amended to extend the term for an additional s
five(5)years commencing on the effective date.
3. Section 10(c) of the Tow Service Agreement is amended to include Year 6 (July 1, 2016 a
through June 30, 2017) - $81.37/vehicle--a 3% increase from Year 5 (July 1, 2015 through June
30, 2016)rate at $79/vehicle; Year 7 (July 2017 through June 30, 2018)- $83.81/vehicle; Year 8
(July 1, 2018 through June 30, 2019) rate at $86.32/vehicle; Year 9 (July 1, 2019 through June
30, 2020) rate at $88.91/vehicle; and Year 10 (July 1, 2020 through June 30, 2021) rate at
$91.58/vehicle.
4. Effective Date. This Agreement shall take effect in the manner as provided in the City
Charter.
TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
CITY TOWING FOR TOWING SERVICES
Page 1 of 2
Packet Pg. 196
S.H.c
2016-73
Exhibit A
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND CITY TOWING FOR TOWING SERVICES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: ,2016 VENDOR: City Towing
By:
Its:
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Dated 12016 CITY OF SAN BERNARDINO Q
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By:
Mark Scott,City Manager
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APPROVED AS TO FORM:
Gary D. Saenz,City Attorney
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TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
! CITY TOWING FOR TOWING SERVICES
Page 2 of 2
! Packet Pg.197
rr
2016-73
Exhibit A
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND CITY TOWING FOR TOWING SERVICES
This Amendment Number Two (the "Second Amendment")is entered into this 4th day of April,
2016,BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY");
AND,
City Towing, a towing provider, incorporated under the laws of the State of California
and having its principal place of business at 530 W 10th Street, San Bernardino,
California (the "VENDOR") (individually CITY or VENDOR may be referred to as a E
"PARTY"and collectively CITY and VENDOR may be referred to as the"PARTIES"). d
a�
a
WITNESSETH : d
WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow
Service Agreement(the"Agreement")for involuntary tow service; and, 3
0
WHEREAS, CITY and VENDOR desire to amend the Agreement for Tow Service and
desire to amend their rights, duties, and liabilities in connection with their performance
thereunder;and,
M
ti
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions cfl
r
contained herein,the PARTIES hereby agree as follows: N
0
1.RECITALS. Section E is hereby deleted.
w
2. Section 2(a) of the Tow Service Agreement is amended to extend the term for an additional
five(5)years commencing on the effective date.
3. Section 10(c) of the Tow Service Agreement is amended to include Year 6 (July 1, 2016 a
through June 30,2017)- $81.37/vehicle—a 3%increase from Year 5 (July 1,2015 through June
30,2016) rate at$79/vehicle; Year 7 (July 2017 through June 30,2018)-$83.81/vehicle; Year 8
(July 1, 2018 through June 30,2019) rate at $86.32/vehicle; Year 9 (July 1, 2019 through June
30, 2020) rate at $88.91/vehicle; and Year 10 (July 1, 2020 through June 30, 2021) rate at
$91.58/vehicle,
4. Effective Date. This Agreement shall take effect in the manner as provided in the City
Charter.
TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
0 CITY TOWING FOR TOWING SERVICES
Page 1 of 2
Packet Pg. 198
2016-73
Exhibit A
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND CITY TOWING FOR TOWING SERVICES
IN WITNESS THEREOF,the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: 2016 VENDOR: City Towing
By:
Its: 6w"41t
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Dated l�l� , 2016 CITY OF SAN BERNARDINO Q
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By:
Mark Scott,City Manager N
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APPROVED AS TO FORM:
Gary D.Saenz,City Attorney
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TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
CITY TOWING FOR TOWING SERVICES
Page 2 oil
Packet Pg. 199
2016-73
Exhibit B
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND HAYES TOWING FOR TOWING SERVICES
This Amendment Number Two (the "Second Amendment") is entered into this 4th day of April,
2016,BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY");
AND,
Hayes Towing, a towing provider, incorporated under the laws of the State of California
and having its principal place of business at 5486 Industrial Parkway, San Bernardino,
California (the "VENDOR") (individually CITY or VENDOR may be referred to as a E
"PARTY"and collectively CITY and VENDOR may be referred to as the"PARTIES"). c
Q
WITNESSETH :
WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow N
Service Agreement(the"Agreement")for involuntary tow service; and, 3
0
I WHEREAS, CITY and VENDOR desire to amend the Agreement for Tow Service and
desire to amend their rights, duties, and liabilities in connection with their performance
thereunder;and, M
ti
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions c
contained herein, the PARTIES hereby agree as follows: N
0
N
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1.RECITALS. Section E is hereby deleted.
r
C
2. Section 2(a) of the Tow Service Agreement is amended to extend the term for an additional E
five(5)years commencing on the effective date.
3. Section 10(c) of the Tow Service Agreement is amended to include Year 6 (July 1, 2016
a
through June 30,2017) - $81.37/vehicle— a 3% increase from Year 5 (July 1,2015 through June
30, 2016) rate at $79/vehicle; Year 7 (July 2017 through June 30, 2018)- $83.81/vehicle; Year 8
(July 1, 2018 through June 30, 2019) rate at $86.32/vehicle; Year 9 (July 1, 2019 through June
30, 2020) rate at $88.91/vehicle; and Year 10 (July 1, 2020 through June 30, 2021) rate at
$91.58/vehicle.
4. Effective Date. This Agreement shall take effect in the manner as provided in the City
Charter.
TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
HAYES TOWING FOR TOWING SERVICES
Page 1 of 2
Packet Pg. 200
2016-73
Exhibit B
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND HAYES TOWING FOR TOWING SERVICES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: ,2016 VENDOR: Hayes Towing
By:
Its:
c
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d
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Dated 52016 CITY OF SAN BERNARDINO a
d
By: in
Mark Scott, City Manager
0
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APPROVED AS TO FORM:
Gary D. Saenz,City Attorney
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By ��.bC N
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TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
HAYES TOWING FOR TOWING SERVICES
Page 2 of 2
Packet Pg. 201
2016-73
Exhibit B
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND HAYES TOWING FOR TOWING SERVICES
This Amendment Number Two (the"Second Amendment") is entered into this 4th day of April,
2016,BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY");
AND,
Hayes Towing, a towing provider, incorporated under the laws of the State of California
and having its principal place of business at 5486 Industrial Parkway, San Bernardino,
California (the "VENDOR") (individually CITY or VENDOR may be referred to as a E
"PARTY"and collectively CITY and VENDOR may be referred to as the "PARTIES"). L
Q
WITNESSETH :
WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow
Cn
Service Agreement(the"Agreement") for involuntary tow service; and, 3
0
WHEREAS, CITY and VENDOR desire to amend the Agreement for Tow Service and
desire to amend their rights, duties, and liabilities in connection with their performance
thereunder;and,
co
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein,the PARTIES hereby agree as follows: N
0
N
1. RECITALS. Section E is hereby deleted.
2. Section 2(a) of the Tow Service Agreement is amended to extend the term for an additional E
five(5)years commencing on the effective date.
w
3. Section 10(c) of the Tow Service Agreement is amended to include Year 6 (July 1, 2016 a
through June 30, 2017)- $81.37/vehicle—a 3%increase from Year 5 (July 1,2015 through June
30, 2016) rate at $79/vehicle; Year 7 (July 2017 through June 30, 2018)- $83.81/vehicle; Year 8
(July 1, 2018 through June 30, 2019) rate at $86.32/vehicle; Year 9 (July 1, 2019 through June
30, 2020) rate at $88.91/vehicle; and Year 10 (July 1, 2020 through June 30, 2021) rate at
$91.58/vehicle.
4. Effective Date. This Agreement shall take effect in the manner as provided in the City
Charter.
TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
HAYES TOWING FOR TOWING SERVICES
Page 1 of 2
Packet Pg. 202
l
2016-73
Exhibit B
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND HAYES TOWING FOR TOWING SERVICES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: r� (. , 2016 VENDOR: Hayes Towing
By:
Its:
c
m
E
m
Dated ✓r , 2016 CITY OF SAN BERNARDINO a
N
d
By: to
Mark Scott,City Manager o
APPROVED AS TO FORM:
Gary D. Saenz,City Attorney
ti
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By. A-AA% o
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V
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TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
HAYES TOWING FOR TOWING SERVICES
Page 2 of 2
Packet Pg. 203
2016-73
Exhibit C
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND DANNY'S TOWING FOR TOWING
SERVICES
This Amendment Number Two (the "Second Amendment") is entered into this 4"' day of April,
2016, BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY");
AND,
Danny's Towing, a towing provider, incorporated under the laws of the State of
California and having its principal place of business at 2305 W. Highland Avenue, San
Bernardino, California (the "VENDOR") (individually CITY or VENDOR may be a
referred to as a"PARTY" and collectively CITY and VENDOR may be referred to as the Q
"PARTIES").
WITNESSETH :
d
WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow �o
Service Agreement(the"Agreement")for involuntary tow service;and,
WHEREAS, CITY and VENDOR desire to amend the Agreement for Tow Service and :
desire to amend their rights, duties, and liabilities in connection with their performance
thereunder;and,
0
N
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions 0
contained herein,the PARTIES hereby agree as follows:
1.RECITALS. Section E is hereby deleted. E
2. Section 2(a) of the Tow Service Agreement is amended to extend the term for an additional n
five(5)years commencing on the effective date. a
3. Section 10(c) of the Tow Service Agreement is amended to include Year 6 (July 1, 2016
through June 30,2017) - $81.37/vehicle-a 3%increase from Year 5 (July 1,2015 through June
30, 2016) rate at$79/vehicle; Year 7 (July 2017 through June 30, 2018)- $83.81/vehicle; Year 8
(July 1, 2018 through June 30, 2019) rate at $86.32/vehicle; Year 9 (July 1, 2019 through June
30, 2020) rate at $88.91/vehicle; and Year 10 (July 1, 2020 through June 30, 2021) rate at
$91.58/vehicle.
4. Effective Date. This Agreement shall take effect in the manner as provided in the City
Charter.
TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
DANNY'S TOWING FOR TOWING SERVICES
Page 1 of 2
Packet Pg. 204
5H.c
2016-73
Exhibit C
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND DANNY'S TOWING FOR TOWING
SERVICES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: $2016 VENDOR:Danny's Towing
By:
Its:
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Dated , 2016 CITY OF SAN BERNARDINO
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By: 3
Mark Scott, City Manager F-
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APPROVED AS TO FORM:
Gary D. Saenz,City Attorney ti
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TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
DANNY'S TOWING FOR TOWING SERVICES
Page 2 of 2
Packet Pg.205
2016-73
Exhibit C
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND DANNY'S TOWING FOR TOWING
SERVICES
This Amendment Number Two (the "Second Amendment") is entered into this 4`" day of April,
2016,BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY");
AND,
Danny's Towing, a towing provider, incorporated under the laws of the State of
California and having its principal place of business at 2305 W. Highland Avenue, San E
Bernardino, California (the "VENDOR") (individually CITY or VENDOR may be
referred to as a"PARTY"and collectively CITY and VENDOR may be referred to as the a
"PARTIES"). a
WITNESSETH :
Cn
3
WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow °-
Service Agreement(the"Agreement") for involuntary tow service; and, rn
CD
WHEREAS, CITY and VENDOR desire to amend the Agreement for Tow Service and
desire to amend their rights, duties, and liabilities in connection with their performance
thereunder;and,
0
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NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein,the PARTIES hereby agree as follows:
u
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1.RECITALS. Section E is hereby deleted. E
U
2. Section 2(a) of the Tow Service Agreement is amended to extend the term for an additional Q
five(5)years commencing on the effective date.
3. Section 10(c) of the Tow Service Agreement is amended to include Year 6 (July 1, 2016
through June 30,2017) - $81.37/vehicle-a 3% increase from Year 5 (July 1,2015 through June
30, 2016) rate at$79/vehicle; Year 7 (July 2017 through June 30, 2018)- $83.81/vehicle; Year 8
(July 1, 2018 through June 30, 2019) rate at $86.32/vehicle; Year 9 (July 1, 2019 through June
30, 2020) rate at $88.91/vehicle; and Year 10 (July 1, 2020 through June 30, 2021) rate at
$91.58/vehicle.
4. Effective Date. This Agreement shall take effect in the manner as provided in the City
Charter.
TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
DANNY'S TOWING FOR TOWING SERVICES
Page t of 2
Packet Pg.206
2016-73
Exhibit C
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND DANNY'S TOWING FOR TOWING
SERVICES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: ,2016 VENDOR- my's Towing
By: l' ��
Its: C�
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Dated `'i��/ ,2016 CITY OF SAN BERNARDINO d
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By: o
Mark Scott, City Manager 0
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APPROVED AS TO FORM: M
Gary D. Saenz, City Attorney
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By:
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TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
DANNY'S TOWING FOR TOWING SERVICES
Page 2 of 2
Packet Pg. 207
2016-73
Exhibit D
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND TRI-CITY TOWING FOR TOWING
SERVICES
This Amendment Number Two (the "Second Amendment") is entered into this 4th day of April,
2016,BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY");
AND,
Tri-City Towing, a towing provider, incorporated under the laws of the State of
California and having its principal place of business at 1661 W. Walnut Street, San E
Bernardino, California (the "VENDOR") (individually CITY or VENDOR may be (D
referred to as a"PARTY"and collectively CITY and VENDOR may be referred to as the a
"PARTIES"). a
WITNESSETH : m
WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow 3
0
Service Agreement(the"Agreement")for involuntary tow service; and,
WHEREAS, CITY and VENDOR desire to amend the Agreement for Tow Service and --
desire to amend their rights, duties, and liabilities in connection with their performance
thereunder; and, t°
0
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NOW, THEREFORE, for and in consideration of the mutual covenants and conditions U)
contained herein,the PARTIES hereby agree as follows:
c
1.RECITALS. Section E is hereby deleted. E
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2. Section 2(a) of the Tow Service Agreement is amended to extend the term for an additional w
five(5)years commencing on the effective date. Q
3. Section 10(c) of the Tow Service Agreement is amended to include Year 6 (July 1, 2016
through June 30,2017)- $81.37/vehicle—a 3% increase from Year 5 (July 1,2015 through June
30, 2016)rate at$79/vehicle; Year 7 (July 2017 through June 30, 2018)- $83.81/vehicle; Year 8
(July 1, 2018 through June 30, 2019) rate at $86.32/vehicle; Year 9 (July 1, 2019 through June
30, 2020) rate at $88.91/vehicle; and Year 10 (July 1, 2020 through June 30, 2021) rate at
$91.58/vehicle.
4. Effective Date. This Agreement shall take effect in the manner as provided in the City
Charter.
TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
TRI-CITY TOWING FOR TOWING SERVICES
Page I of 2
Packet Pg.=208
5.H.c
2016-73
Exhibit D
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND TRI-CITY TOWING FOR TOWING
SERVICES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: ,2016 VENDOR:Tri-City Towing
By:
Its: m
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Dated 52016 CITY OF SAN BERNARDINO
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By: 3
Mark Scott,City Manager t°—
APPROVED AS TO FORM:
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TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
TRI-CITY TOWING FOR TOWING SERVICES
Page 2 of 2
Packet Pg.209
5.H.c
2016-73
Exhibit D
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND TRI-CITY TOWING FOR TOWING
SERVICES
This Amendment Number Two (the"Second Amendment") is entered into this 4th day of April,
2016,BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY");
AND,
Tri-City Towing, a towing provider, incorporated under the laws of the State of
California and having its principal place of business at 1661 W. Walnut Street, San
Bernardino, California (the "VENDOR") (individually CITY or VENDOR may be a
referred to as a"PARTY"and collectively CITY and VENDOR may be referred to as the v,
"PARTIES").
WITNESSETH : cn
3
O
WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow ~
Service Agreement(the"Agreement")for involuntary tow service;and,
WHEREAS, CITY and VENDOR desire to amend the Agreement for Tow Service and
desire to amend their rights, duties, and liabilities in connection with their performance
thereunder;and, o
N
O
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein,the PARTIES hereby agree as follows:
c
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1. RECITALS. Section E is hereby deleted. E
w
2. Section 2(a) of the Tow Service Agreement is amended to extend the term for an additional a
five(5)years commencing on the effective date.
3. Section 10(c) of the Tow Service Agreement is amended to include Year 6 (July 1, 2016
through June 30,2017) - $81.37/vehicle—a 3%increase from Year 5 (July 1, 2015 through June
30,2016)rate at $79/vehicle; Year 7 (July 2017 through June 30,2018)- $83.81/vehicle; Year 8
(July 1, 2018 through June 30, 2019) rate at $86.32/vehicle; Year 9 (July 1, 2019 through June
30, 2020) rate at $88.91/vehicle; and Year 10 (July 1, 2020 through June 30, 2021) rate at
$91.58/vehicle.
4. Effective Date. This Agreement shall take effect in the manner as provided in the City
Charter.
60 TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
TRI-CITY TOWING FOR TOWING SERVICES
Page 1 of 2
Packet P9. 210
2016-73
Exhibit D
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND TRI-CITY TOWING FOR TOWING
SERVICES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: , 2016 VENDOR: Tri-City Towing
By:
Its:
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Dated �'� �/ , 2016 CITY OF SAN BERNARDINO
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By: /4�/t WC44711-71-
Mark Scott,City Manager
APPROVED AS TO FORM: M
Gary D. Saenz, City Attorney co
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TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
TRI-CITY TOWING FOR TOWING SERVICES
Page 2of2
Packet Pg. 211
2016-73
Exhibit E
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND BIG "Z"AUTO WORKS FOR TOWING
SERVICES
This Amendment Number Two (the"Second Amendment") is entered into this 4th day of April,
2016,BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY");
AND,
Big "Z" Auto Works, a towing provider, incorporated under the laws of the State of
California and having its principal place of business at 274 N. I Street, San Bernardino, E
California (the "VENDOR") (individually CITY or VENDOR may be referred to as a
"PARTY"and collectively CITY and VENDOR may be referred to as the"PARTIES"). a
N
WITNESSETH:
WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow N
3
Service Agreement(the"Agreement")for involuntary tow service; and, ♦°-
WHEREAS, CITY and VENDOR desire to amend the Agreement for Tow Service and W
desire to amend their rights, duties, and liabilities in connection with their performance
thereunder;and,
T
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions N
contained herein, the PARTIES hereby agree as follows: °
N
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1. RECITALS. Section E is hereby deleted.
a�
E
2. Section 2(a) of the Tow Service Agreement is amended to extend the term for an additional
five(5) years commencing on the effective date.
Q
3. Section 10(c) of the Tow Service Agreement is amended to include Year 6 (July 1, 2016
through June 30,2017) - $81.37/vehicle—a 3% increase from Year 5 (July 1, 2015 through June
30, 2016) rate at $79/vehicle; Year 7 (July 2017 through June 30,2018)- $83.81/vehicle; Year 8
(July 1, 2018 through June 30, 2019) rate at $86.32/vehicle; Year 9 (July 1, 2019 through June
30, 2020) rate at $88.91/vehicle; and Year 10 (July 1, 2020 through June 30, 2021) rate at
$91.58/vehicle.
4. Effective Date. This Agreement shall take effect in the manner as provided in the City
Charter.
TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
BIG"Z"AUTO WORKS FOR TOWING SERVICES
Page I of 2
Packet Pg.212
2016-;3
Exhibit E
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND BIG"Z"AUTO WORKS FOR TOWING
SERVICES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: ,2016 VENDOR:Big Z Auto Works
By:
Its: E
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N
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Dated ,2016 CITY OF SAN BERNARDINO
3
By: �0
Mark Scott, City Manager
APPROVED AS TO FORM: ti
Gary D. Saenz,City Attorney
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TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
BIG"Z"AUTO WORKS FOR TOWING SERVICES
Page 2 of 2
Packet Pg.213'
5.H.c
2016-73
Exhibit E
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND BIG"Z" AUTO WORKS FOR TOWING
SERVICES
This Amendment Number Two (the"Second Amendment") is entered into this 4th day of April,
2016,BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY");
AND,
Big "Z" Auto Works, a towing provider, incorporated under the laws of the State of
California and having its principal place of business at 274 N. I Street, San Bernardino, E
California (the "VENDOR") (individually CITY or VENDOR may be referred to as a L
"PARTY"and collectively CITY and VENDOR may be referred to as the"PARTIES"). a
d
WITNESSETH :
a�
WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow 3
Service Agreement(the"Agreement") for involuntary tow service; and,
WHEREAS, CITY and VENDOR desire to amend the Agreement for Tow Service and W
desire to amend their rights, duties, and liabilities in connection with their performance
thereunder; and, ti
T
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions N
contained herein,the PARTIES hereby agree as follows:
1.RECITALS. Section E is hereby deleted.
a�
E
2. Section 2(a) of the Tow Service Agreement is amended to extend the term for an additional
five (5)years commencing on the effective date. a
3. Section 10(c) of the Tow Service Agreement is amended to include Year 6 (July 1, 2016
through June 30, 2017) - $81.37/vehicle-a 3% increase from Year 5 (July 1,2015 through June
30, 2016)rate at$79/vehicle; Year 7 (July 2017 through June 30, 2018)- $83.81/vehicle; Year 8
(July 1, 2018 through June 30, 2019) rate at $86.32/vehicle; Year 9 (July 1, 2019 through June
30, 2020) rate at $88.91/vehicle; and Year 10 (July 1, 2020 through June 30, 2021) rate at
$91.58/vehicle.
4. Effective Date. This Agreement shall take effect in the manner as provided in the City
Charter.
TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
BIG"Z"AUTO WORKS FOR TOWING SERVICES
Page 1 of 2
Packet Pg. 214
2016-73
Exhibit E
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND BIG"Z"AUTO WORKS FOR TOWING
SERVICES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: �W 00", 2016 VENDOR: Big Z Auto Works
By:— Z
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Dated&V 12016 CITY OF SAN BERNARDINO c
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Mark Scott, City Manager
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APPROVED AS TO FORM:
Gary D. Saenz,City Attorney c
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TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
BIG"Z"AUTO WORKS FOR TOWING SERVICES
Page 2 of 2
Packet Pg. 215
2016-73
Exhibit F
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND WILSON TOWING FOR TOWING
SERVICES
This Amendment Number Two (the "Second Amendment") is entered into this 41h day of April,
2016,BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY");
AND,
Wilson Towing, a towing provider, incorporated under the laws of the State of California
and having its principal place of business at 2310 E. 3`d Street, San Bernardino, E
California (the "VENDOR") (individually CITY or VENDOR may be referred to as a
"PARTY"and collectively CITY and VENDOR may be referred to as the"PARTIES"). Q
N
d
WITNESSETH :
m
WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow
3
Service Agreement(the"Agreement")for involuntary tow service; and, F°-
WHEREAS, CITY and VENDOR desire to amend the Agreement for Tow Service and �
desire to amend their rights, duties, and liabilities in connection with their performance
thereunder;and, ti
T
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions N
contained herein, the PARTIES hereby agree as follows:
1.RECITALS. Section E is hereby deleted.
E
2. Section 2(a) of the Tow Service Agreement is amended to extend the term for an additional
five (5)years commencing on the effective date. a
3. Section 10(c) of the Tow Service Agreement is amended to include Year 6 (July 1, 2016
through June 30,2017) - $81.37/vehicle-a 3% increase from Year 5 (July 1, 2015 through June
30, 2016) rate at $79/vehicle; Year 7 (July 2017 through June 30, 2018)- $83.81/vehicle; Year 8
(July 1, 2018 through June 30, 2019) rate at $86.32/vehicle; Year 9 (July 1, 2019 through June
30, 2020) rate at $88.91/vehicle; and Year 10 (July 1, 2020 through June 30, 2021) rate at
$91.58/vehicle.
4. Effective Date. This Agreement shall take effect in the manner as provided in the City
Charter.
TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
WILSON TOWING FOR TOWING SERVICES
Page 1 of 2
Packet Pg. 216
1
2016-73
Exhibit F
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND WILSON TOWING FOR TOWING
SERVICES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: 92016 VENDOR: Wilson Towing
By:
Its:
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Dated ,2016 CITY OF SAN BERNARDINO
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as
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By: 3
Mark Scott, City Manager F°-
APPROVED AS TO FORM: "'
M
Gary D. Saenz, City Attorney
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By.
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TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
WILSON TOWING FOR TOWING SERVICES
Page 2 of 2
Packet Pg. 217
2016-73
Exhibit F
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND WILSON TOWING FOR TOWING
SERVICES
This Amendment Number Two (the "Second Amendment") is entered into this 4th day of April,
2016,BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY");
AND,
Wilson Towing,a towing provider,incorporated under the laws of the State of California c
and having its principal place of business at 2310 E. 3rd Street, San Bernardino, E
California (the "VENDOR") (individually CITY or VENDOR may be referred to as a
"PARTY"and collectively CITY and VENDOR may be referred to as the"PARTIES"), a
a�
WITNESSETH : '3
L
d
WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow N
3
Service Agreement(the"Agreement") for involuntary tow service;and, o
WHEREAS, CITY and VENDOR desire to amend the Agreement for Tow Service and
desire to amend their rights, duties, and liabilities in connection with their performance
thereunder; and, ti
CD
T
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions N
contained herein,the PARTIES hereby agree as follows: �°,
m
o_
1.RECITALS. Section E is hereby deleted.
d
E
2. Section 2(a) of the Tow Service Agreement is amended to extend the term for an additional
five(5)years commencing on the effective date. 19
Q
3. Section 10(c) of the Tow Service Agreement is amended to include Year 6 (July 1, 2016
through June 30,2017)- $81.37 1vehicle—a 3%increase from Year 5 (July 1, 2015 through June
30, 2016) rate at$79/vehicle; Year 7 (July 2017 through June 30, 2018)-$83.81/vehicle; Year 8
(July 1, 2018 through June 30, 2019) rate at $86.32/vehicle; Year 9 (July 1, 2019 through June
30, 2020) rate at $88.91/vehicle; and Year 10 (July 1, 2020 through June 30, 2021) rate at
$91.58/vehicle.
4. Effective Date. This Agreement shall take effect in the manner as provided in the City
Charter.
1
TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
WILSON TOWING FOR TOWING SERVICES
Page l of 2
Packet Pg.218
2016-73
Exhibit F
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND WILSON TOWING FOR TOWING
SERVICES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: ,2016 VENDOR: Wilson Towing
By:
Its:
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Dated ,2016 CITY OF SAN BERNARDINO a
By:
Mark Scott, City Manager E-°
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APPROVED AS TO FORM:
M
Gary D. Saenz,City Attorney
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By: Qla CALt, C m
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TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
WILSON TOWING FOR TOWING SERVICES
Page 2 of 2
Packet Pg. 219
Joint Regular Meeting Summary April 4, 2016
5J. Human Resources
RES. 2016-69— Resolution of the Mayor and Common Council of the City of San
Bernardino Approving the Reclassification of One (1) Departmental Accounting
Technician to Accounting Assistant; and the Reclassification of the HVAC
Supervisor to Facilities Maintenance Supervisor, Within the Public Works
Department. (#4379) [Ward(s): N/A]
Approved
Motion: Adopt the Resolution.
5K. Human Resources
RES. 2016-70 — Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of a Fifth Amendment to the Consultant
Services Agreement Between the Law Office of Linda L. Daube and the City of a
San Bernardino for Labor Negotiator and Bankruptcy Services. (#4368) y
[Ward(s): All]
Approved
Motion: Adopt the Resolution. U)
3
0
H
5L. Parks, Recreation & Community Services
RES. 2016-71 — Resolution of the Mayor and Common Council of the City of San
N' Bernardino Ratifying the Submission of a Grant Application for Year One of the
Corporation for National and Community Service's Retired and Senior Volunteer E
Program, Accepting the Grant Award, and Appropriating the Grant Funds for the
Period of April 1, 2016 through March 31, 2017. (#4377) [Ward(s): All] Cn
Approved 4
Motion: Adopt the Resolution. 4
U
5M. Police
d
RES. 2016-72 — Resolution of the Mayor and Common Council of the City of San Ec
Bernardino Authorizing Amendment of the FY2015/2016 Budget with the o
Transfer of $200,000 from Account Number 123-210-0001*5014 to 119-210- a
2168*5704 Regarding the Camera Expansion Project. (#4373) [Ward(s): All]
Approved
Motion: Adopt the Resolution.
5N. Police
RES. 2016-73— Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of Amendment No. 2 to the Tow Services
Agreements with City Towing, Hayes Towing, Danny's Towing, Tri-City Towing,
Big "Z" Auto Works, and Wilson Towing. (#4385) [Ward(s): All]
Mayor and Common Council of the City of San Bernardino Page 7 Printed 41512016
Packet Pg. 220
5.�:cly
Joint Regular Meeting Summary April 4, 2016
r 5N. Continued.
Approved
Motion: Adopt the Resolution, as amended, extending the contract for a
five-year period.
50. Public Works
RES. 2016-74— Resolution of the Mayor and Common Council of the City of San
Bernardino Approving a Cooperative Agreement with the City of Highland for
Baseline Pavement Rehabilitation (Del Rosa Drive to Cole Avenue), Baseline
Sidewalk Gap Closures (Del Rosa Drive to Cole Avenue), Baseline and 5Th
Street Signal Coordination Upgrade, Five (5) Corridors Signal Coordination
Upgrade, Cole and Cypress Elementary Schools Project, Palm Avenue and Q
Pacific Street Improvements and Warm Springs Elementary School Project.
(#4357) [Ward(s): 1,4,7] a
N
Approved U
Motion: Adopt the Resolution.
cn
5P. Public Works 0
RES. 2016-75— Resolution of the Mayor and Common Council of the City of San Q0
Bernardino Authorizing the Execution of a First Amendment to the Joint 7T_
Agreement with Loma Linda University for Gateway Health Center Campus Off- L
Site Street Improvements. (#4371) [Ward(s): 3] E
Approved
Motion: Adopt the Resolution.
T
4
5Q. Public Works 4
U
RES. 2016-76— Resolution of the Mayor and Common Council of the City of San
Bernardino Awarding a Contract to Pavement Coatings Co., Per Plan 13057 (SS-
D) and Appropriating $135,000 of Unallocated Measure "I" Funding. (#4361)
[Ward(s): All]
Approved Q
Motion: Adopt the Resolution.
5R. Successor Agency
RES. 2016-77 — Resolution of the Mayor and Common Council of the City of San
Bernardino Acting as the Successor Housing Agency to the Redevelopment
Agency of the City of San Bernardino Approving the Subordination of a Deed of
Trust in Connection with a Refinancing of the Senior Mortgage Relating to Real
Property Located at 3017 North Pico Avenue, San Bernardino, California.
(#4367) [Ward(s): 5]
Approved
Motion: Adopt the Resolution.
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RESULT: ADOPTED [6 TO 11 01:43:21
MOVER: Virginia Marquez,Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez,Barrios, Shorett, Nickel,Richard,Mulvihill
NAYS: John Valdivia
5L. Parks,Recreation & Community Services
RES. 2016-71 — Resolution of the Mayor and Common Council of the City of San
Bernardino Ratifying the Submission of a Grant Application for Year One of the
Corporation for National and Community Service's Retired and Senior Volunteer a
Program, Accepting the Grant Award, and Appropriating the Grant Funds for the Period N r
of April 1, 2016 through March 31, 2017. L
CL E
Motion: Adopt the Resolution. o
a
RESULT: ADOPTED [UNANIMOUS] 01:06:01 a
MOVER: John Valdivia, Council Member, Ward 3 C 0
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios,Valdivia, Shorett,Nickel,Richard, Mulvihill Cn
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5M. Police
RES. 2016-72 — Resolution of the Mayor and Common Council of the City of San Cn
Bernardino Authorizing Amendment of the FY2015/2016 Budget with the "Transfer of Ji
$200,000 from Account Number 123-210-0001*5014 to 119-210-2168*5704 Regarding
the Camera Expansion Project. o 4
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Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 01:06:01 '
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MOVER: John Valdivia,Council Member, Ward 3 0
SECONDER: Fred Shorett, Council Member, Ward 4 0
AYES: Marquez, Barrios,Valdivia, Shorett,Nickel, Richard, Mulvihill o
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5N. Police E w
RES. 2016-73 — Resolution of the Mayor and Common Council of the City of San a
Bernardino Authorizing the Execution of Amendment No. 2 to the Tow Services Q
Agreements with City Towing, Hayes Towing, Danny's Towing, Tri-City Towing, Big
"Z"Auto Works, and Wilson Towing.
Public Comment:
Michael Schaefer, Attorney with the law firm of Fullerton, Lemann, Schaefer &
Dominick, San Bernardino, representative for Pepe's Towing
Jason Desjardins, Big"Z"Auto Works, San Bernardino
Council Member Shorett said that the tow companies needed more than a month-to-
month agreement. He stated that he would support a five-year extension, but if that was
not possible, he wanted to go with at least a two-year extension.
Mayor and Common Council of the City of San Bernardino Page 9 can
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wCouncil Member Valdivia suggested extending the contract for five years at the flat rate
of$79 with no increase in the franchise fees.
Chief Assistant City Attorney Grider advised that this item was an amendment of the
term and fee. She stated that if the City Council wanted to make any other changes, they
should have more discussion, negotiate with the tow service companies, and come up
with a new agreement.
Motion: Adopt the Resolution, as amended, extending the contract for a five-year
period.
RESULT: ADOPTED [6 TO 11 02:13:15 a
MOVER: Fred Shorett, Council Member, Ward 4 N
r
•� SECONDER: James Mulvihill,Council Member, Ward 7
AYES: Marquez, Barrios, Valdivia, Shorett, Richard, Mulvihill Q E
NAYS: Henry Nickel a
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50. Public Works
RES. 2016-74 — Resolution of the Mayor and Common Council of the City of San
Bernardino Approving a Cooperative Agreement with the City of Highland for Baseline rn co
Pavement. Rehabilitation (Del Rosa Drive to Cole Avenue), Baseline Sidewalk Gap o
Closures (Del Rosa Drive to Cole Avenue), Baseline and 51h Street Signal Coordination ►
Upgrade, Five (5) Corridors Signal Coordination Upgrade, Cole and Cypress Elementary >►
Schools Project, Palm Avenue and Pacific Street Improvements and Warm Springs J
Elementary School Project. ce
Additional backup marked Exhibit "C," Project Cost Estimate, was distributed to the o 4
Mayor and Council. a,
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 01:06:01 o g
MOVER: John Valdivia,Council Member, Ward 3 0
SECONDER: Fred Shorett,Council Member, Ward 4 c
AYES Marquez, Barrios, Valdivia, Shorett, Nickel, Richard, Mulvihill w
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5P. Public Works U
RES. 2016-75 — Resolution of the Mayor and Common Council of the City of San Q
Bernardino Authorizing the Execution of a First Amendment to the Joint Agreement with
Loma Linda University for Gateway Health Center Campus Off-Site Street
Improvements.
Motion: Adopt the Resolution.
RESULT: ADOPTED [UNANIMOUS] 02:34:24
MOVER: John Valdivia,Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Marquez, Barrios, Valdivia, Shorett, Nickel, Richard,Mulvihill
Mayor and Common Council of the City of San Bernardino Page 10
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