HomeMy WebLinkAbout05 OFFICIAL POLICE TOWING SERVICE AGREEMENTSAGENDA REPORT Agenda Item 5
Reviewed:
City Manager
Finance Director tA
MEETING DATE: NOVEMBER 6, 2018
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: CHARLES F. CELANO, JR., CHIEF OF POLICE
SUBJECT: OFFICIAL POLICE TOWING SERVICE AGREEMENTS
SUMMARY
The City of Tustin has three tow companies on rotation to provide towing services for the Tustin
Police Department. This is to keep the roadways clear for the purposes of public safety. The
Official Police Towing Agreements have expired for the City of Tustin and we are currently
operating on a month-to-month contractual basis. The City of Tustin initiated a Request for
Proposal (RFP) process to which four tow companies responded with proposals. Upon
conclusion of the process, three tow companies have been selected for award of the contract
for non-exclusive towing services for the City of Tustin. The contract, like the previous contract,
is for three years, with the possibility of two, two-year extensions.
RECOMMENDATION
This report is for information only. The Police Department has selected the following three
companies for the Official Police Towing Service Agreement, effective December 1, 2018:
1. Archie's Towing
2. Greater Southern California Towing
3. John's Towing
FISCAL IMPACT
No fiscal impact.
CORRELATION TO THE STRATEGIC PLAN
Goal B: Public Safety and Protection of Assets — Ensure Tustin is an attractive, safe and
well maintained community in which people feel pride.
BACKGROUND
On June 4, 2018, the City of Tustin released an RFP for the Official Police Towing Service
Agreements. Four companies, listed below, submitted proposals by the July 13, 2018 deadline.
After an initial review, it was determined they all met the minimum criteria.
Official Police Towing Agreement
November 6, 2018
Page 2 of 2
1. Archie's Towing
2. Greater Southern California Towing
3. Metro Pro Towing
4. John's Towing
Members of the Traffic Unit conducted on-site inspections of each company facility and their
fleet, and they conducted background investigations on their employees. As a result of the
process, all four were eligible for selection.
The Traffic Unit then solicited feedback from members of the Police Department regarding the
three current companies on rotation. The feedback was positive for Archie's Towing and
Greater Southern California Towing. However, the feedback for Metro Pro Towing was
consistently poor due to insufficient response times, discourteous staff, and failure to clean-up
traffic collision scenes properly.
John's Towing is not currently on rotation, but the Communications Unit frequently calls them
for service due to the increase in Automobile Club of Southern California (AAA) related tows.
Of the four companies, John's Towing is the only certified AAA tow company. Members of the
Tustin Police Department did convey favorable remarks regarding John's Towing over the last
several years.
Archie's Towing, Greater Southern California Towing, and John's Towing best meet the towing,
storage, and evidentiary needs of the Police Department. It was also felt that these three
companies would best represent the City of Tustin in serving our community and providing a
safe, professional environment.
The selection process was conducted pursuant to the City of Tustin Ordinance No. 1249,
authorizing the Chief of Police to enter into Official Police Towing Agreements with the qualified
providers, subject to approval by the City Attorney. City of Tustin Ordinance No. 1249 was
passed and adopted by the City Council on November 19, 2001.
CHARLES F. CELANO, JR.
Chief of Police
Attachments:
SARAH FETTERLIN
Traffic Sergeant
1. City of Tustin Ordinance No. 1249
2. Request for Proposal
3. Official Police Towing Service Agreement — Archie's Towing
4. Official Police Towing Service Agreement — Greater Southern California Towing
5. Official Police Towing Service Agreement — John's Towing
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ATTACHMENT NO. 1
ORDINANCE NO. 1249
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, REPEALING SECTIONS 3431 — 3436
OF CHAPTER 4, PART 3 OF THE TUSTIN CITY CODE
RELATING TO TOW TRUCKS
The City Council of the City of Tustin hereby ordains as follows:
SECTION 1. Chapter 4, Part 3, Sections 3431 through 3436 of the Tustin City Code is
hereby repealed in its entirety.
SECTION 2. Upon the effective date of this Ordinance, all of the City's existing Official
Police Towing & Storage Service (uOPTSJ agreements with tow truck service providers are
hereby terminated.
SECTION 3. Upon the effective date of this Ordinance, the Police Chief, on behalf of
the City of Tustin, is hereby authorized to enter into new OPTS agreements with qualfied tow
truck service providers, subject to approval by the City Attorney.
PASSEDND ADOPTED, at a e lar meeting of the City Council for the City of
Tustin on this l� t.day of 960e." , 2001.
WORLEY., MAYOR
City of Tustin
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
ORDINANCE NO. 1249
I, PAMELA STOKER, City Clerk and ex -officio Clerk of the City Council of the City of
Tustin, California, hereby certifies that the whole number of the members of the City
Council of the City of Tustin is five; and that the above and foregoing Ordinance No. 1249
had first reading by title only and introduction at the November 5, 2001 City Council
meeting and was adopted at the November 19, 2001 Council meeting by the following
vote:
COUNCILMEMBER AYES: Worley, Thomas, Bone, Doyle, Kawashima
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: None
Pamela Stoker, City Clerk
ATTACHMENT NO. 2
Request for Proposal
OFFICIAL POLICE TOW SERVICE AGREEMENT
RFP Due Date: July 13, 2018 by 11:00am
RFP Project Manager: Lieutenant Ryan Coe, Tustin PD
T: 714.573.3265 F: 714.730.8027
rcoe aCatustinca.org
RFP Project Assistant: Sergeant Sarah Fetterling, Tustin PD
T: 714.573.3219 F: 714.730.8027
rcasielloCa,tustinca.org
(Email the RFP project manager to be added to the Contact List for this RFP to
receive updates regarding addenda to this RFP)
Interested parties may obtain a copy of this RFP by contacting City Hall, City Clerk's Office or by
accessing the City of Tustin website:
www.tustinca.org
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City of Tustin RFP - Official Police Tow Contract Agreement
TABLE OF CONTENTS
1.0 GENERAL INFORMATION................................................................................................2
1.1 City......................................................................................................................................2
1.2 Scope of Work.....................................................................................................................2
1.3 Evaluation Criteria..............................................................................................................2
1.4 Award.................................................................................................................................. 3
1.5 Award Protest......................................................................................................................3
1.6 Costs of Preparation............................................................................................................ 3
2.0 PROPOSAL PREPARATION..............................................................................................3
2.1 Pre -Proposal Preparation.....................................................................................................3
2.2 Proposal Understanding...................................................................................................... 3
2.3 Communication with the City.............................................................................................4
2.4 Withdrawal of Proposals.....................................................................................................4
3.0 GENERAL TERMS AND CONDITIONS...........................................................................4
3.1 Contract Documents............................................................................................................4
3.2 Contract Modification and Amendment..............................................................................4
3.3 Agreement Term................................................................................................................. 5
3.4 Agreement Administration..................................................................................................5
3.5 Personnel.............................................................................................................................5
3.6 Service Hours...................................................................................................................... 5
3.7 Equipment...........................................................................................................................5
3.8 Response Time....................................................................................................................5
3.9 Communications Equipment...............................................................................................6
3.10 Facilities...........................................................................................................................6
3.11 Acceptance of Bank Cards for Payment for Services......................................................6
3.12 Insurance.......................................................................................................................... 6
3.13 Inspections ................................................................................................................... 6
4.0 SUBMISSION REQUIREMENTS..................................................................................
4.1 Submittals............................................................................................................................7
4.2 General Format of Proposal................................................................................................7
4.3 PROPOSAL CONTENT.....................................................................................................7
4.4 Valid Proposal...................................................................................................................10
4.5 One Proposal Limit...........................................................................................................10
4.6 References.........................................................................................................................10
4.7 Public Records Act............................................................................................................10
4.8 City's Rights...................................................................................................................... 11
4.9 Qualifications of Firms......................................................................................................12
5.0 EVALUATION AND SELECTION PROCESS.................................................12
6.0 ATTACHMENTS....................................................................................13
Tustin Police Towing Services Request for Proposals (RFP)
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City of Tustin RFP - Official Police Tow Contract Agreement
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Invitation to Bid
CITY OF TUSTIN REQUEST OF PROPOSALS
OFFICIAL POLICE TOW CONTRACT AGREEMENT
Notice is hereby given that the City of Tustin will receive sealed proposals for qualified and
experienced contractors to provide tow services for the Tustin Police Department. Proposalsare
to be submitted to the office of the City Clerk, by 11:00 a.m. July 13, 2018.
The primary intent of this request for proposal (hereinafter "RFP") is to enter into an agreement
with a contractor capable of providing tow services based upon the needs of the Tustin Police
Department. Specifications are available online at the City of Tustin website
(hfp://www.tustinca.org) or at the City Clerk's Office (City Hall, 300 Centennial Way, Tustin, CA).
The City of Tustin reserves the right to accept or reject any or all bids, to waive any informality
and to accept the proposal deemed to be in the best interest of the City of Tustin.
City of Tustin, Tustin, California
Charles F. Celano Jr., Chief of Police
Dated this 4th day of June, 2018
RFP SCHEDULE
The following is a tentative schedule of this entire RFP process. While the City will attempt to
apply the necessary resources to maintain this schedule, the following dates are merely
projections and the City reserves the right to modify this schedule as needed to accommodate the
completion of this RFP process.
T.f
RFP Published: June 4, 2018
Questions from Proposers Due:
June 25, 2018
Questions and Answers Posted:
June 29, 2018
Proposals Due:
Jul 13, 2018
On-site Inspections:
July 16 - July 20, 2018
Award Contract:
Au ust 2018 (Anticipated)*
*Tentative City Council contract award date, subject to change at City's discretion.
Attention Proposers — It is the City of Tustin's intent to enter into an agreement with a contractor on
a suitable value approach. We will treat suitable value as a combination of availability, fit, short-
term costs and long-term costs that, in totality, are deemed to best meet the City of Tustin's needs.
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City of Tustin RFP — Official Police Tow Contract Agreement
CITY OF TUSTIN
REQUEST FOR PROPOSALS (RFP)
OFFICIAL POLICE TOW SERVICE AGREEMENT
2018
1.0 GENERAL INFORMATION
1.1 City
The City of Tustin is seeking services as outlined in this RFP. For reference, the City of Tustin
will hereinafter be referred to as the "City." Companies responding to this RFP shall be referred
to as "Bidders," and companies selected to provide services to the City shall be referred to as the
"Contractor." Any reference in this Agreement to the term "Department" shall be deemed to refer
to the Tustin Police Department.
1.2 Scope of Work
The City solicits Bidders seeking to establish non-exclusive contract(s) for towing services. The
City intends to award three agreements to successful Bidders at the conclusion of this
procurement process, but reserves the right to award a sole or multiple agreement(s) at its sole
discretion. The contract(s) may include, but are not limited to, towing and storage of improperly
parked vehicles, vehicles that obstruct or impede the flow of traffic or obstruct emergency lanes,
walkways, and handicapped parking spaces, police impound, seizure of evidence, and motor
vehicle accidents. The Contractor(s) shall tow, store, or impound (as necessary) any vehicle
upon the request of the Department. The Contractor(s) shall provide, without cost to the City,
emergency towing of City vehicles as requested by the City.
1.3 Evaluation Criteria
Award of the contract(s) is not subject to public bidding statutes. Although price for the services
will be an important part of the consideration for award of the contract(s), the City will consider the
age and condition of tow vehicles, proximity of vehicle storage areas to the City, references and
service records, service commitments by each Bidder, and other service -related factors. Award
of the contract(s) by the Chief of Police is final and may not be appealed or be subject to the
protest provisions of the Public Bidding statutes. The City may reconsider any award upon a
finding of good cause at its sole discretion.
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1.4 Award
The City reserves the right to reject any or all proposals, in whole or in part, and is not bound to
accept the lowest proposal (or the proposal prices for services) at the sole discretion of the City.
The City reserves the right to waive any irregularities. A bid may be rejected if it is in any way
incomplete or irregular.
1.5 Award Protest
Award of the Contract(s) shall be made by the Chief of Police, and is final and may not be
appealed or be subject to the protest provisions of the public bidding statutes. The City may
reconsider any award upon a finding of good cause at its sole discretion.
1.6 Costs of Preparation
Bidders assume all costs of preparation of their bids and any presentations necessary in the
procurement process.
2.0 PROPOSAL PREPARATION
2.1 Pre -Proposal Preparation
2.1.1. Acquaintance with conditions. Before submitting proposals, Bidders may visit the
City to become fully acquainted with existing conditions, land use and building
regulations, facilities, difficulties and restrictions that may exist and that may affect
the performance of the services required under the contract(s). Appointments may
be made with the City Staff member identified In Section 2.3 below.
2.1.2. Interpretation of RFP Documents,. Bidders may request of the City in writing, prior
to submission of proposal, clarification or interpretation of the RFP Documents.
Where, in the City's opinion, such interpretation or clarification requires a change
in the RFP Documents, the City will issue an Addendum. Proposer shall
acknowledge receipt of any and all Addenda in its Proposal Letter. The City shall
not be bound by and Bidders shall not rely on any oral interpretation or clarification
of the RFP Documents.
2.1.3. Authorized officer. Each proposal submitted by a Bidder shall be executed by
the Bidder by and through its authorized officer. In addition, each Bidder must
identify those persons authorized to negotiate on its behalf with the City in
connection with the RFP.
2.2 Proposal Understanding
2.2.1. Bidders shall be solely responsible for examining the RFP Documents, including
any Addenda issued during the proposal period, and for informing themselves with
respect to any and all conditions, which may in any way affect their proposals, or
the performance of the Services in the event the Bidder is selected.
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2.2.2. By submitting their proposals, Bidders agree and assure that the proposal terms
and conditions and Contract(s) provisions are adequate and acceptable, and each
Bidder accepts the terms and conditions in the Contract Documents (as defined in
Section 3.1 below); and indicate their ability to perform the services under such
terms and conditions by submission of their proposals. Any exceptions should be
noted in each Bidder's response or proposal.
2.3 Communication with the City
It is the responsibility of each Bidder to inquire about any requirement of this RFP that the Bidder
does not understand. Responses to inquiries, if they change or clarify the RFP in a substantial
manner, will be submitted via Addendum and posted on the City website with the original RFP.
The City will not be bound by oral responses to inquiries or written responses other than
addenda.
Address all inquiries to-
Attn.: Traffic Unit Supervisor
Tustin Police Department
City of Tustin
300 Centennial Way
Tustin, CA 92780-3767
Tel: (714) 573-3219
2.4 Withdrawal of Proposals
A proposal may be withdrawn by the Bidder prior to the date and time for submittal of proposals,
by means of a written request signed by the Bidder by and through its properly authorized officer.
Such written request must be delivered to the address in Section 2.3 above.
3.0 GENERAL TERMS AND CONDITIONS
3.1 Contract Documents
The Official Police Tow Service Agreement forms attached herewith shall be agreed to by the
successful Bidder. The contract(s) entered into by the parties shall consist of the Official Police
Tow Service Agreement, the Request for Proposals, the signed proposal submitted by the
Contractor, all of which shall be referred to collectively as the "Contract Documents".
3.2 Contract Modification and Amendment
The parties may adjust the specific terms of the Official Police Tow Service Agreement where
circumstances beyond the control of either party require modification or amendment. Any
modification or amendment proposed by the Contractor must be in writing to the City. Any
agreed upon modification or amendment must be in writing approved by the Chief of Police, and
signed by both parties.
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3.3 Agreement Term
The Agreement term shall be for a period of 3 years. At the conclusion of the 3 -year Agreement,
the City may extended the Agreement for up to two (2) additional two-year periods.
3.4 Agreement Administration
The Chief of Police, or his designee, shall be the City's authorized representative in all matters
pertaining to the administration of the Agreement.
3.5 Personnel
The Contractor shall employ only competent and satisfactory personnel, and shall provide a
sufficient number of employees to perform the services provided under the Contract Documents.
In connection therewith, each Bidder shall comply with all of the following:
3.5.1 Permit background investigation of the Bidder's officers or principal owners and
manager, to insure that the Bidder's principals have not been convicted of any
crimes involving moral turpitude. In order to perform a background check, each
principal of each Bidder will be required to submit sets of fingerprints to be
submitted to the Department of Justice for a criminal background check.
3.5.2 Permit background check of all tow truck operators to insure compliance with
Section 5.0 of the Agreement.
3.5.3 Have an alcohol and drug program that complies with Section 5.0 of the
Agreement.
3.5.4 Participate in the DMV Employer Pull Notice Program in compliance with Section
5.0 of the Agreement. Information about the DMV Employer Pull Notice Program
may be obtained at the following link to the DMV website,
http://www.dmv.ca.gov/vehindustry/epn/epngeninfo.htm.
3.6 Service Hours
Contractors shall provide service hours and staffing pursuant to Section 10.0 of the Agreement
and as required to meet the service requirements of the Agreement.
3.7 Equipment
The Contractor shall have a sufficient number of adequately equipped tow trucks to meet the
requirements of Section 8.0 and service requirements of the Agreement.
3.8 Response Time
3.8.1 The Contractor shall respond to the Department's requests for towing, impound, and
storage service within twenty (20) minutes from the time such request is received. An
immediate response will be required for all emergency calls. Response time is the
difference between the time the Contractor is contacted by the Department and the time
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the tow truck arrives at the required location. Contractor shall promptly notify the
Department if this response time cannot be met.
3.8.2 Contractor shall give priority to all of the Department's requests for service.
3.8.3 Contractor dispatcher shall notify the Department when a tow vehicle cannot respond
immediately, give the reason for the delay, and an estimated time of arrival. In the event
of an additional delay, Contractor dispatcher shall again notify the Department and give
the new estimated time of arrival. To ensure a timely response, the Department, in its
sole discretion, may cancel any call -for -service because of a response delay and may
contact the next tow service in the established rotation.
3.8.4 If the tow truck unit(s) has not arrived at the scene within twenty (20) minutes from the
time requested, the Department, based on the urgency of the field situation, may request
a different towing service to respond to the call,
3.9 Communications Equipment
Contractors shall provide communications equipment as required in Section 9.0 of the
Agreement.
3.10 Facilities
Contractors shall maintain a physical location with a yard for vehicle storage, along with an office
for payment of fees and vehicle releases within five miles of the City limits in accordance with
Section 4.0 of the Agreement. Storage facility standards shall comply with the requirements of
Section 13.0 of the Agreement and shall provide a minimum total space capacity for 75 vehicles,
including four spaces for inside storage for impounded vehicles as provided for in Sections 6.15
and 14.0 of the Agreement.
3.11 Acceptance of Bank Cards for Payment for Services
Contractor shall accept and be able to process payment for services in cash or a major
credit/debit card as required in Section 40.0 of the Agreement.
3.12 Insurance
Contractors shall provide a certificate or will -serve letter indicating that they will be issued a policy
or policies of insurance in the types and amounts stated in Section 25.0 of the Agreement.
3.13 Inspections
Contractors shall permit inspections as follows:
3.13.1 Permit inspection at a reasonable time and place of each tow vehicle proposed to
be employed in the performance of the services provided under the Contract
Documents.
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3.13.2 Permit inspection of the facilities proposed for the storage of vehicles proposed to
be employed in the performance of the services provided under the Contract
Documents.
3.13.3 Either permit inspection of, or provide evidence of the communications equipment
proposed to be employed in the performance of the services provided under the
Contract Documents.
4.0 SUBMISSION REQUIREMENTS
4.1 Submittals
4.1.1 All proposals shall be enclosed in envelopes with Bidder's name and address plainly
marked in the upper left hand comer and the Formal Proposal Number and title of
proposal must be marked on the bottom right comer. A signed original plus four (4)
copies of the proposal must be received at:
City of Tustin
Attn: City Clerk
300 Centennial Way
Tustin, CA 92780-3767
Tel: (714) 573-3219
no later than 11:00 A.M. local time Friday, July 13, 2018. Bidders are strongly
encouraged to submit proposals in advance of the due date to avoid the possibility of
missing the 11:00 A.M. deadline due to unforeseen circumstances. Bidders assume the
risk of the methods of dispatch chosen. The City assumes no responsibility for delays
caused by any package or mail delivery service. Postmarking by the due date WILL NOT
substitute for receipt of proposal. Proposals must be date and time stamped by the
Department on time to be considered. Additional time will not be granted to any single
bidder. However, additional time may be granted to all bidders when the City determines
that circumstances require it. FAXED PROPOSALS OR E-MAIL PROPOSALS WILL
NOT BE ACCEPTED.
4.2 General Format of Proposal
The proposal shall constitute the Bidder's plan for performing the Scope of Work.
Accordingly, the Bidder should present the technical approach demonstrating a well -
structured, reasonable work plan. Bidders should refine and/or expand the Scope of Work
in the RFP to reflect the particular plan they would use to perform the work. Bidders shall
address any problems that they envision to be associated with the Scope of Work citing
specific suggestions for avoiding these problems.
4.3 PROPOSAL CONTENT
The Proposal shall have the following components in the following sequence:
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4.3.1. Title Page: Show RFP number and title, your company name and address, name
of the contact person (for all matters regarding the RFP response), telephone
number and quotation date.
4.3.2. Table of Contents: Proposal responses shall include a table of contents listing the
individual sections of the quotation and their corresponding page numbers. Tabs
should separate each of the individual sections.
4.3.3. Proposal Letter/Certificate of Acceptance (Attachment 6.1) completed and
executed by an authorized representative of the Proposer.
4.3.4. Qualification Statement. A qualifications statement indicating general work
experience specifically relevant to the Scope of Work. List any major on-call
towing assignments in which your firm has participated (either in a lead or support
role and state the degree of involvement). A minimum of three (3), but no more
than six (6) references from current and past clients is required for review.
Qualification statements shall be submitted for the Bidder, Subcontractors and
Joint Venture partners.
4.3.5. Work Plan/Technical Description. The proposal shall include a Work Plan which
would delineate the approach the Bidder would utilize to perform the Scope of
Work. The plan shall demonstrate the Bidder's understanding of the scope of
services. As stated previously, it should refine and/or expand scope of services to
reflect how the Bidder would perform the Scope of Work. If subcontractors are
utilized, the Bidder must submit a description of each firm or person and the
services to be provided by each subcontractor.
4.3.6. Equipment and Facilities. The proposal shall provide a list and description of the
following.
4.3.6.1. A list of towing equipment by make, model, year and capacity,
which will be available to carry out the services which are the
subject of this RFP.
4.3.6.2. The location and size of the Bidder's vehicle storage facilities.
4.3.6.3. A description of security provisions at the storage facilities.
4.3.6.4. The location of the Bidder's administrative office.
4.3.6.5. The names of all employees who will be performing services under
the Agreement.
4.3.6.6. A description or copy of the Bidder's collection procedures policy.
4.3.6.7. A description or copy of the Bidder's storage fees policy: how and
when they are applied.
4.3.6.8. Information about how the Bidder would move a large number of
vehicles in a short period (25 in two hours).
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No later than the time of the award, each Bidder shall, through ownership or lease,
have all the facilities and equipment required by the Request for Proposal and the
Agreement.
4.3.7. Prices.
Currently, there are approximately 1,200 police -ordered tows per year, which are divided
among three (3) tow service providers. The quantities listed herein are estimates and are
not to be construed as a commitment. No minimum or maximum number of tows/service
calls is guaranteed or implied. In the event that the City lets contract(s) to more than one
successful Bidder, the City and the successful Bidders will negotiate reasonable prices
based on the lowest bid. The pricing information in each proposal should be submitted in
the following format:
Towinq
Passenger cars, wagons, compact &
mid-size SUVs
P/U Trucks, SUVs & Vans
Commercial Trucks & Vans
Rigs, Buses & Motorhomes
Motorcycles
Storage/Impound (per day)
Passenger Vehicles (all) — Outside
Passenger Vehicles (all) — Inside
Motorcycle
Commercial Trucks or Motorhome — Outside
Commercial Trucks or Motorhome — Inside
Long Term Storage (per week)
Other Services
After -Hours Release
On -Site Release
Rollover/Winching
Dolly/Go-jacks
Driveshaft/Linkage
Service Call — Minimum
Hazardous Materials Clean -Up
Labor
The City intends, through negotiation, to implement one pricing structure
applicable to each tow service company with which the City contracts. Bid prices
will, however, be one of the factors considered in evaluating Proposals.
4.3.8. Non -Collusion Certificate. Each Bidder shall execute and submit with each
proposal the Non -Collusion Certificate attached to this RFP (Attachment 6.2). If
there is reason for believing that collusion exists among Bidders, the City may
reject all proposals and none of the participants in such collusion will be
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considered in future proposals or the City may reject all proposals which, in the
City's determination, are connected with such collusion.
4.4 Valid Proposal
The Proposal shall be valid for 120 calendar days from the date stipulated in the RFP for receipt
of Proposals. If this offer is accepted within that time period, the Bidder shall furnish all services
and items as stipulated in the RFP and any accompanying addenda.
4.5 One Proposal Limit
Only one proposal response will be accepted from any one person, partnership, corporation, joint
venture, or other entity.
4.6 References
4.6.1. At least one principal of the Bidder must have a minimum of three (3) verifiable
years for -hire towing experience, as an owner or principal.
4.6.1.1 A Bidder who does not meet the three (3) verifiable years for -hire
towing experience may be considered, if a full-time manager who
possesses the required tow management experience is employed
by the company. The manager shall have the authority to conduct
all company business.
4.6.1.2. If the manager ceases to be employed by the company, the tow
Agreement shall be deemed suspended until a new qualified
manager is in place. The company will have thirty (30) days to
replace the manager to be considered for lifting of the suspension.
4.6.1.3. An owner or operator who releases vehicles, complete lien sales
paperwork, and other tow business related documents for three
years in the company, with the qualified manager, will fulfill the
three years for -hire -towing experience requirement.
4.6.2. Each Bidder shall submit a list of current or previous governmental agencies, if
any, to whom the Bidder has provided contractual towing services, plus three to six
references. The submittal of references should be in the following format:
Company/Government Agency Name,
Address,
City, State, Zip Code,
Contact Person,
Phone Number, Fax Number, email (if available).
4.7 Public Records Act
4.7.1. Responses to this RFP become the exclusive property of the City and maybe
subject to the California Public Records Act. Those elements, if any, in each
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City of Tustin RFP — Official Police Tow Contract Agreement
proposal which are trade secrets as that term is defined in Civil Code section
3426.1(d) or otherwise exempt by law from disclosure and which are prominently
marked as "TRADE SECRET", "CONFIDENTIAL", or "PROPRIETARY" may not
be subject to disclosure.
4.7.2. It is the responsibility of each Bidder to clearly identify information in their proposal
that it considers to be confidential under the California Public Records Act. To the
extent that the City agrees with that designation, such information will be held in
confidence whenever possible. The City shall not in any way be liable or
responsible for the disclosure of any such records including, without limitation,
those so marked, if disclosure is deemed to be required by law or by an order of a
Court.
4.7.3. Bidders that indiscriminately identify all or most of their proposal as exempt from
disclosure without justification may be deemed non-responsive.
4.7.4. All other information will be considered public. However, all information regarding
the proposal responses will not be released to the public or be subject to the
Public Records Act during the deliberative process until such time as the
evaluation has been completed and, or if, an award has been made. Bidders will
receive mailed award/non-award notification(s), which will include the name of the
Bidder(s) intended to be awarded the Contract(s).
4.7.5. In the event the City is required to defend an action involving a Public Records Act
request for any of the contents of a proposal marked "confidential", "proprietary",
or "trade secret", each Bidder agrees, upon submission of its proposal for City's
consideration, to defend and indemnify the City from all costs and expenses,
including attorneys' fees, in any action or liability arising under the Public Records
Act.
4.8 CITY'S Rights
4.8.1. The City may investigate the qualifications of any Bidder under consideration,
require confirmation of information furnished by a Bidder, and require additional
evidence of qualifications to perform the Services described in this RFP. The City
reserves the right to:
1. Reject any or all of the proposals.
2. Issue subsequent Requests For Proposals.
3. Cancel the entire Request For Proposal.
4. Remedy technical errors in the Request For Proposal process.
5. Appoint evaluation committees to review proposals.
6. Seek the assistance of outside technical experts in proposal evaluation.
7. Approve or disapprove the use of particular subcontractors.
8. Establish a short list of Bidders eligible for discussions after initial review of
written proposals.
9. Negotiate with any, all, or none of the Bidders.
10. Solicit best and final offers from all or some of the Bidders.
11. Award a contract to one or more Bidders.
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City of Tustin RFP — Official Police Tow Contract Agreement
12. Accept other than the lowest offer.
13. Waive informalities and irregularities in proposals.
4.8.2. This RFP does not commit the City to enter into a contract, nor does it obligate the
City to pay for any costs incurred in preparation and submission of proposals or in
anticipation of a contract.
4.9 Qualifications of Firms
4.8.1. The City reserves the right to investigate the qualifications of all firms under
consideration and to confirm any part of the information furnished by a Bidder, or
to require other evidence of managerial, financial or other capabilities which are
considered necessary for the successful performance of the Agreement.
4.8.2. Any person, firm, corporation, Joint Venture, or other interested party that has
been compensated by the City or a contractor engaged by the City for assistance
in preparing this RFP shall be considered to have gained an unfair competitive
advantage in proposing and shall be precluded from submitting a Proposal in
response to this RFP.
5.0 Evaluation & Selection Process
Proposals will be evaluated on the basis of the response to all provisions of this RFP. Since this
solicitation is an RFP as opposed to a Bid, pricing alone will not constitute the entire selection
criteria. The City may use some or all of the following criterion and corresponding percentages in
its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an
all-inclusive list. The order in which they appear is not intended to indicate their relative
importance. The City reserves the right to modify the evaluation criterion and percentage of
score as deemed appropriate prior to the commencement of evaluation.
POTENTIAL PROPOSAL
EVALUATION CRITERION
Quality and completeness of submitted proposal
20%
Fee Proposal/Proposed Cost
10%
Proposer's approach to the Scope of Services
20%
Support and Services
20%
Facilities and Equipment
10%
Qualifications and experience with similar types of
10%
projects
Professional references
10%
The City reserves the right to determine whether or not a proposal meets the specifications and
requirements of this RFP and reject any proposal that, in the City's opinion, fails to meet the detail
or intent of the requirements. The City reserves the right to reject any and all proposals.
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City of Tustin RFP — Official Police Tow Contract Agreement
Proposers will be notified of any additional required information and/or demonstrations
and product testing after the written proposals have been evaluated.
Additional information related to the Proposer selection process will be made available in the
future once the City has executed this contract. Please refrain from making any verbal inquires or
requests for a formal debriefing related to the subject RFP until the City of Tustin completes the
ongoing contract process.
6.0 Attachments
6.1 Form: Proposal Letter/Certificate of Acceptance.
6.2 Form: Non -Collusion Certificate,
6.3 City of Tustin—Official Police Tow Service Agreement.
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City of Tustin RFP — Official Police Tow Contract Agreement
Attachment 6.1
RFP No.
CITY OF TUSTIN
OFFICIAL TOW SERVICE RFP
PROPOSAL LETTERMERTIFICATE OF ACCEPTANCE
The undersigned hereby submits this proposal in response to the Request for Proposal to
Provide Towing Services To The City Of Tustin On An On -Call Basis. We, the
undersigned, hereby declare that we have carefully read and examined the RFP documents,
and hereby propose to perform and complete the Work as required in the Agreement and the
City's Request for Proposals.
The undersigned recognizes that this Agreement is not exclusive and that the City expressly
reserves the right to contract for performance of services such as those described herein
through other Contractors and to request tow services from selected contractors as the City, in
its sole discretion, deems appropriate.
The undersigned agrees to provide services in accordance with the terms and conditions at the
costs indicated in its cost proposal if its Proposal is accepted within 120 days from the date
specified in the RFP for receipt of proposals.
The undersigned has reviewed the enclosed contract terms and conditions and agrees to
accept all terms and conditions of the City's Agreement unless otherwise noted in the proposal
response.
If recommended for contract award, the undersigned agrees to execute the Agreement within 10
calendar days following notification that the undersigned is recommended for an award of the
contract.
The undersigned will also deliver to the City prior to the commencement of the work the
necessary original Certificates of Insurance, including all required endorsements. If services are
authorized to commence prior to the execution of the Agreement pursuant to a Notice to
Proceed issued by the City, pending the execution of the Agreement, the services shall be
subject to the terms and conditions of the RFP and the Agreement.
The undersigned represents that the Bidder is in good standing in the State of California and
has all necessary licenses, permits, certifications, approvals and authorizations necessary in
order to perform all of its obligations in connection with its proposal and the Agreement.
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City of Tustin RFP — Official Police Tow Contract Agreement
Incorporated herein and made a part of this Proposal are the Response information and
Proposal Forms required by the RFP.
The undersigned acknowledges receipt, understanding and full consideration of the following
Addenda to the RFP Documents:
Addenda No.:
Bidder represents that the following person is authorized to negotiate on its behalf with the City
in connection with this proposal:
(Name) (Title) (Phone)
The official name of the business or organization responding to the RFP is:
The organizational structure (e.g. corporation, partnership, limited liability company, etc.) of
Bidder is:
The jurisdiction in which the Bidder is organized and the date of such organization is:
The address of the Bidder's headquarters and of any local office involved in the
proposal/quotation is:
The Bidder's Federal Tax Identification Number is:
The name, address, telephone, fax numbers and e-mail address of the person(s) who will serve
as the contact(s) to the City, with regards to the RFP response, with authorization to make
representations on behalf of and to bind the Bidder is/are:
Tustin Towing Services ACCEPTANCE p. 2 Request for Proposals (RFP)
]320153.1
City of Tustin RFP — Official Police Tow Contract Agreement
Provide applicable signature documentation pursuant to Bidder's organizational structure
verifying the authority of the person signing the proposal response to commit to its
proposal on behalf of the Bidder (i.e., Corporate Resolution, Power of Attorney),
The undersigned certifies that it has examined and is fully familiar with all of the provisions of
the RFP Documents and is satisfied that they are accurate; that it has carefully checked all the
words and figures and all statements made in the Proposal Requirements; that it has satisfied
itself with respect to other matters pertaining to the proposal which in any way affect the work or
the cost thereof, The undersigned hereby agrees that the City will not be responsible for any
errors or omissions in these Request for Proposals Documents.
M
(Signature)
(Type or Print Name)
(Title)
Telephone
E-mail
Company Name
Company Address
(Signature
(Type or Print Name)
(Title)
Telephone
E-mail
City, State, and Zip Code
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City of Tustin RFP — Official Police Tow Contract Agreement
Attachment 6.2
NONCOLLUSION STATEMENT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH PROPOSAL
The undersigned hereby certifies on behalf of ("Bidder") that this
Proposal is genuine and not sham or collusive, nor made in the interest of or on behalf of any
person not herein named; the Bidder has not directly or indirectly induced or solicited any other
Bidder to put in a sham proposal nor solicited any other person, firm or corporation to refrain
from submitting a proposal; the Bidder has not communicated, directly or indirectly, with any
other Bidder regarding the amount/price to be proposed in response to the City of Tustin's
Request for Proposals for the Official Police Tow Service Agreement; and the Bidder has not in
any manner sought by collusion to secure for himself/herself/itself any advantage over any other
Bidder.
I declare the foregoing is true and correct under penalty of perjury under the laws of the State of
California.
Signed, this day of , 2018, at . California.
(Signature)
(Print or Type Name)
(Title)
Tustin Towing Services NON -COLLUSION Request for Proposals (RFP)
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ATTACHMENT NO. 3
City of Tustin - Official Police Tow Contract Agreement
CITY OF TUSTIN
OFFICIAL POLICE TOW SERVICE AGREEMENT
2018
Contractor: H-zCM t E s Tow IL,� Effective Date: 17 L. 1 2D l$
Table of Contents
RECITALS..................................................................................................................................... 1
1.0 SCOPE OF SERVICES...................................................................................................... 2
2.0 CONSIDERATION............................................................................................................ 2
3.0 TERM AND TERMINATION........................................................................................... 3
4.0 LOCATION........................................................................................................................ 3
5.0 PERSONNEL..................................................................................................................... 4
6.0 TOWING SERVICE DUTIES........................................................................................... 6
7.0 RESPONSE TIME.............................................................................................................. 9
8.0 EQUIPMENT STANDARDS.......................................................................................... 10
9.0 COMMUNICATIONS EQUIPMENT............................................................................. 11
10.0 HOURS............................................................................................................................. 12
11.0 VEHICLE IDENTIFICATION........................................................................................ 12
12.0 STORAGE SERVICE RESPONSIBILITIES.................................................................. 12
13.0 STORAGE FACILITY STANDARDS............................................................................ 12
14.0 IMPOUND VEHICLES - INSIDE STORAGE................................................................ 13
15.0 RELEASE OF VEHICLES............................................................................................... 14
16.0 RECORD KEEPING & REPORTING............................................................................. 14
17.0 LIENS AND DISPOSALS............................................................................................... 15
18.0 PERFORMANCE.............................................................................................................15
19.0 INSPECTION................................................................................................................... 16
20.0 MOTORISTS ASSISTANCE........................................................................................... 16
21.0 RISK................................................................................................................................. 16
22.0 INSOLVENCY................................................................................................................. 16
23.0 SUCCESSORS AND ASSIGNS...................................................................................... 17
24.0 INDEMNITY.................................................................................................................... 17
25.0 INSURANCE.................................................................................................................... 18
26.0 INTEGRATION............................................................................................................... 19
27.0 AMENDMENT.................................................................................................................19
28.0 NO WAIVER.................................................................................................................... 19
29.0 THIRD PARTY BENEFICIARIES.................................................................................. 19
30.0 INDEPENDENT CONTRACTOR................................................................................... 19
31.0 CONTROL........................................................................................................................20
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32.0
33.0
34.0
35.0
36.0
37.0
38.0
69.0
1
WORKERS' COMPENSATION..................................................................................... 20
EXECUTION OF AGREEMENT.................................................................................... 20
DRYRUNS...................................................................................................................... 20
CITY VEHICLE TOWING.............................................................................................. 21
RESPONSIBILITY...................................................................................................... I .... 21
EXCLUSION—ABANDONED VEHICLES.................................................................. 21
BREACHOF CONTRACT.............................................................................................. 21
ACTS OR OMISSIONS OF REPRESENTATIVES....................................................... 24
CHARGES........................................................................................................................ 24
NOTICES.......................................................................................................................... 26
CHANGE OF CIRCUMSTANCES................................................................................. 26
SEVERABILITY.............................................................................................................. 26
VENUE............................................................................................................................. 26
EFFECTIVEDATE.......................................................................................................... 26
TUREPAGE.................................................................................................................... 27
City of Tustin Contract Official Tow Service
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j
Ij
„Ci"� of Tustin — Official Police Tow Contract Agreement
Ali
1 CITY OF TUSTIN
OFFICIAL POLICE TOW SERVICE AGREEMENT
THIS OFFICIAL POLICE TOW SERVICE AGREEMENT (the "Agreement") is
j de and entered into this day of , 2018 by and between the
OF TUSTIN, a California municipal corporation (hereinafter referred to as "CITY"),
(hereinafter referred to as "CONTRACTOR").
Any reference in this Agreement to the "Department" shall be deemed to refer to the
Tustin Police Department.
RECITALS
A. CITY's Police Department requires the aid and assistance of towing
services on a regular basis in the performance of its emergency response and traffic
control duties, including response to and investigation of vehicular accidents.
B. As a means for providing the necessary towing service, CITY has approved
the use of certain towing service companies who have agreed to contract with CITY to
provide the requisite towing service pursuant to the requirements and performance
criteria established by the Department, as set forth in the terms and conditions contained
herein and in the City of Tustin Request for Proposals (RFP) for the Official Police Tow
Service 2018. The RFP and the proposal submitted by the CONTRACTOR pursuant to
the RFP (the "Contract Documents") are hereby incorporated and made part of this
Agreement as though fully set forth herein. Should any inconsistency occur or exist in
these Contract Documents, the provisions of this Agreement, then the provisions of
Request for Proposal, then the Proposal shall control, in that order.
C. CONTRACTOR is a towing company selected by the Department to be
used on-call and on a rotational basis for any police emergency or response situation
where the use of a tow truck is required.
D. CONTRACTOR owns or leases tow trucks and employs personnel that are
capable of providing the desired vehicle towing and storage services to CITY pursuant to
the Contract Documents.
E. CITY desires to retain and designate CONTRACTOR and CONTRACTOR
desires to accept and be retained by CITY, as an independent contractor, for purposes
of providing police towing and vehicle impound and storage services for CITY, pursuant
to the terms and conditions set forth in this Agreement and the Contract Documents.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are
incorporated herein by reference, and the mutual promises, covenants, and conditions
City of Tustin Contract Official Tow Service
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City of Tustin — Official Police Tow Contract Agreement
contained herein, the parties agree as follows. To ensure the efficient performance of
police towing services for the Department, CONTRACTOR hereby agrees to the following
service provider requirements, specifications, performance criteria, and terms and
conditions:
1.0 SCOPE OF SERVICES
1.1 CONTRACTOR shall perform vehicle towing, impound, and storage services as
directed by the Department and in addition such other services as provided in this
Agreement, and shall provide necessary storage facilities, tow services, labor,
materials, equipment, machinery and tools.
1.2 CONTRACTOR shall comply with all State laws that regulate tow units and the
impound, towing, storage, selling or junking of vehicles. Specific services include,
but are not limited to, towing of improperly parked vehicles, vehicles that obstruct
or impede the flow of traffic or emergency lanes, walkways, and handicapped
parking spaces, police impounds, seizure of evidence, and motor vehicle
accidents.
1.3 CONTRACTOR is hereby designated as an authorized tow service provider for
CITY by the Chief of Police. All trucks and equipment used by CONTRACTOR in
the performance of this Agreement shall be owned by or leased to CONTRACTOR
and shall be subject to all provisions herein.
1.4 The CONTRACTOR acknowledges and agrees that this Agreement to provide tow
services as set forth herein is non-exclusive. City intends to concurrently contract
with other tow service providers. City shall utilize the services of each tow service
providers as City, in its sole discretion, deems appropriate.
2.0 CONSIDERATION
In consideration of CONTRACTOR's agreement to perform the services provided
for herein, CITY agrees that throughout the term of this Agreement, CONTRACTOR shall
have:
2.1 The right to tow, impound, and store vehicles at the direction of the Department
within and outside the jurisdictional boundaries of CITY, subject to the
Department's call -for -service system, as it may be amended from time to time, at
the Department's sole discretion.
2.2 The right to charge vehicle owners the amounts not to exceed those charges
approved by the City according to Section 40 below.
2.3 Notwithstanding the provisions of this Agreement pertaining to CONTRACTOR's
services and Consideration, nothing contained herein shall deprive the owner or
City of Tustin Contract —2— Official Tow Service
1320319.1
City of Tustin — Official Police Tow Contract Agreement
operator of a vehicle from requesting and receiving towing services from a person
or entity other than CONTRACTOR.
2.4 Provided, further, that when, in the opinion of the Department, an emergency exists
or where CONTRACTOR is either unable or unwilling for any reason to provide
adequate or timely tow service, then the Department shall have the right to call
other qualified tow services, which may or may not be under contract with CITY.
Under such circumstances, the decision to call another tow service, either under
contract or not, shall be at the exclusive discretion of the Department.
3.0 TERM AND TERMINATION
3.1 This Agreement shall remain in effect for three (3) years from the Effective Date, as
defined in Section 45 below. This Agreement may be reviewed at the conclusion of
the initial three (3) year period and may be extended, at the sole discretion of CITY,
for up to two (2) additional two-year periods.
3.2 This Agreement may be cancelled by CITY at any time during the three (3) year
term, or the subsequent two-year terms if extended. In the event of termination for
cause by CITY, CONTRACTOR shall be compensated for those services that have
been fully and adequately completed and accepted by the Department as of the
date of termination. Termination of this Agreement for cause may be considered
by CITY in determining whether to enter into future contracts with CONTRACTOR.
3.3 This Agreement may also be cancelled without cause upon ninety (90) days written
notice provided by either party. In the event that CITY should abandon, terminate,
or suspend CONTRACTOR's work, CONTRACTOR shall be entitled to payment
for services fully and adequately provided hereunder prior to the effective date of
the suspension, termination, or abandonment. CONTRACTOR shall provide
documentation deemed adequate by the Department to show the services actually
completed by CONTRACTOR prior to the effective date of termination.
3.4 In the event this Agreement is terminated, in whole or in part, as provided by this
Section, CITY may procure, upon such terms and in such manner as it deems
appropriate, services similar to those terminated.
3.5 The rights and remedies of the parties provided in this section are in addition to
any other rights and remedies provided by law or under this Agreement.
4.0 LOCATION
4.1 CONTRACTOR shall maintain a physical location with a yard for vehicle storage,
along with an office for payment of fees and vehicle releases, which location shall
be within five (5) miles of the CITY limits, and from which the business shall be
conducted. Such physical location shall be subject to approval by the Chief of
Police or his/her designee. CONTRACTOR may establish and maintain an
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City of Tustin - Official Police Tow Contract Agreement
additional location within or outside the CITY as a yard for vehicle storage, subject
to the approval by the Chief of Police or his/her designee. Except as otherwise
directed by the Department, each vehicle towed pursuant to this Scope of Work
shall be stored at CONTRACTOR's facility, which facility is located within five (5)
miles of the CITY limits.
4.2 All vehicles stored or impounded at the direction of the Department shall be towed
directly to the CONTRACTOR's impound and storage facilities, unless the
Department requests that they be taken to some other location. If the vehicle is
towed pursuant to a citizen request, then at the request of the citizen the vehicle
can be stored at any business location of the CONTRACTOR, which has been
approved, by the Chief of Police, or his/her designee.
4.3 Any proposed change in the CONTRACTOR's facility locations shall be reported,
in writing, to the Department at least sixty (60) days prior to making such change.
CONTRACTOR shall obtain the approval of the Chief of Police or his/her designee
for any change of location.
5.0 PERSONNEL
5.1 No person employed as a tow truck operator for the CONTRACTOR shall have
access to any Department stored or towed vehicle until such time as that person
has received written approval from the Chief of Police or his/her designee.
5.2 Tow truck operators shall be proficient in the use of the tow truck they are driving
and related equipment, including, but not limited to the procedure necessary for
the safe towing and recovery of various types of vehicles. It is the responsibility of
the CONTRACTOR to ensure its operators are trained, qualified and competent
employees of the business. The operators shall complete training and have
received a certificate of completion through a recognized tow industry association
or company specialized in the training of tow operators. The training shall be hands
on and a minimum of 16 hours for light duty class tow trucks and 24 hours for
heavy duty class tow trucks. A copy of the certificate of completion for each tow
truck operator providing services pursuant to this Agreement shall be provided by
CONTRACTOR to the Department prior to commencement of each operator's
employment.
5.3 All CONTRACTOR tow truck operators shall possess valid California Tow Truck
Driver Certification and Driver's Licenses in the proper class pursuant to Vehicle
Code Sections 13378 and 12804.9(b).
5.4 All CONTRACTOR tow truck operators shall be required to have a safe driving
record, be 18 years of age or older, and be subject to driving record and criminal
background checks by the Department. No tow truck operator with a record of
violations of the Vehicle Code which has resulted in the suspension or revocation
of their driver's license or a second driving under the Influence or reckless driving
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City of Tustin — Official Police Tow Contract Agreement
conviction within the three (3) years preceding the most recent violation shall be
allowed to provide service to CITY under this Agreement.
5.5 CONTRACTOR shall have an alcohol and drug program that includes at a
minimum, an alcohol and drug free workplace policy, and a tow truck operator
alcohol/drug-testing program that complies with the U.S. Department of
Transportation requirements to the extent allowed by law, including random
alcohol and drug testing. Any tow truck operator found working under the influence
of alcohol or drugs shall be immediately removed from operating a tow truck and
from providing any service pursuant to this Agreement. The alcohol and drug
program shall meet the following requirements:
5.5.1 A contract with a program administrator and authorized lab
certified by the U.S. Department of Transportation; and
5.5.2 Procedures and components substantially as in Part 40 of
Title 49 of the Code of Federal Regulations for pre-
employment; and
5.5.3 Procedures and components substantially as in Part 382 of
Title 49 of the Code of Federal Regulations for rehabilitation,
retum-to-duty and follow up testing; and
5.5.4 Procedures and components for random testing following
U.S. Department of Transportation guidelines, and additional
tests as required following accidents, rehabilitation, return -to -
service, and other circumstances providing reasonable
suspicion to test; and
5.5.5 Monthly reports of the random testing component shall be
filed with the Department by the program administrator no
later than the 10th day following the end of the previous
monthly reporting period; and
5.5.6 The CONTRACTOR and program administrator's alcohol and
drug program records shall be made available to the
Department upon request; and
5.5.7 Drivers must show a valid California driver's license at the
time and place of testing; and
5.5.8 All test results are kept confidential except that the
Department is authorized to receive copies for its
administrative purposes, and except as otherwise authorized
or required by law.
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City of Tustin — Official Police Tow Contract Agreement
5.6 CONTRACTOR shall participate in the California Department of Motor Vehicles
(DMV) Employer Pull Notice Program.
5.7 CONTRACTOR shall not employ in the performance of services pursuant to this
Agreement any tow truck operator convicted of or having pled nolo contendere to
a crime involving a stolen vehicle, stolen property, violence, drugs or moral
turpitude, fraud related to the towing business, or misdemeanor or felony driving
while under the influence of alcohol or drugs, or the crimes listed in Vehicle Code
Section 13377. If any tow truck operator is charged with any of the above listed
crimes, CONTRACTOR shall immediately suspend that operator from duties under
this Agreement pending the disposition of the criminal case.
5.8 CONTRACTOR tow truck operators shall maintain acceptable standards of dress,
including uniforms, and cleanliness while on duty in the community.
5.9 CONTRACTOR tow truck operators shall fully cooperate with and abide by the
instructions of the Department's officers.
5.10 If any tow truck operator becomes ineligible to provide operator services under this
Agreement, the CONTRACTOR shall immediately notify the Department in writing
of such ineligibility and the reason(s) therefor.
5.11 CONTRACTOR shall provide to the Police Department annually (within 10 days of
the anniversary of the Agreement) a list of its tow truck operators, including driver's
license numbers and a DMV printout for each tow truck operator. Any subsequent
employment of a new tow truck operator shall be reported in writing to the
Department immediately, including submittal of the above -referenced information.
5.12 CONTRACTOR shall provide to the Police Department the name of any tow truck
operator no longer employed by CONTRACTOR. This notification shall be given
to the Traffic Department no later than ten (10) business days following the last
date of such operator's employment by CONTRACTOR.
6.0 TOWING SERVICE DUTIES
After being requested to the scene by the Department, CONTRACTOR tow truck
operators shall comply with the following:
6.1 Not move nor attach a tow truck to any vehicle until instructed to do so by the
investigating officer of the Department.
6.2 Cooperate with the investigating officer of the Department in removing unsafely
and/or illegally parked vehicles from the street, and in the storing or impounding of
such vehicles as requested.
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City of Tustin -- Official Police Tow Contract Agreement
6.3 On collision calls, clean-up and remove all debris from the accident scene,
including but not limited to, clean-up and removal of all hazardous
materials/vehicle fluids in the street with absorbent material, as directed by
Department officers and Section 27700 of the California Vehicle Code.
6.4 Provide the owner or driver of towed vehicles (when present at scene) with a
business card of CONTRACTOR indicating where vehicle will be stored or
impounded (including address and telephone number).
6.5 Vehicles brought to the Department or a designated facility from the scene for
processing and then towed to the tow yard will incur an additional second tow fee
equal to one-half of the regular tow fee. Storage fees will not start until the vehicle
is stored at the towing facility.
6.6 CONTRACTOR shall be responsible and held accountable for personal property,
vehicle accessories and the vehicle upon receipt of the vehicle from the
Department. CITY, its officers, agents or employees shall not be liable for loss of
or damage to any vehicle, accessory, equipment or personal property towed or
stored upon the tow truck operator acknowledging receipt for the vehicle by his/her
signature on the stored vehicle report form.
6.7 CONTRACTOR shall not dispose of or otherwise relinquish control of any vehicle
stored or impounded by the Department without a written approval from the
Department to do so. The written approval is required for any vehicle stored or
impounded by the Department and the tow truck operator signs a stored vehicle
report form and receives a copy of the stored vehicle report. The Department
stored automobile release form will be the normal form for release.
6.8 The release of property from a vehicle will be handled in the same manner as a
vehicle release. The person who authorizes the release of the property will make
the modification and will be specific as to description of the property to be released.
6.9 Vehicles shall be released during the business hours of 8:00 am to 5:00 pm,
Monday - Friday, "excluding holidays and weekends". There will be, however,
occasions arising that can require "after hours releases" of certain vehicles. When
the circumstances appear to justify an "after hour release" of a vehicle, approval
of the release must be secured from the on -duty Police Supervisor. Inoperable
vehicles will not be released after hours.
6.10 For purposes of clarity, vehicles towed or stored at the request of citizens, for which
no stored vehicle report is utilized, will not require a stored automobile release.
Citizens requesting the towing of vehicles under their control shall enter into an
agreement with the CONTRACTOR; the Department will act as a venue of
communication between the citizen and the CONTRACTOR.
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6.11 When a party obtains a Department stored vehicle release and presents it to the
CONTRACTOR, the vehicle and/or property shall be released to that person upon
verification of identity and the payment of the fees. The registered owner will be
required to pay for "property only" releases at the Department's records counter.
An After Hours Release Fee will be paid to the CONTRACTOR for "property only"
or vehicle releases after the normal business hours of the CONTRACTOR.
6.12 Once the tow service has received the Department stored automobile release, the
CONTRACTOR is no longer obligated to the Department for the continued safe
storage of the vehicle and/or property taken.
6.13 If after a "property only" release is obtained, the registered owner may return to
the records counter, produce the paid receipt for the "property only" release and
request a vehicle impound release paying the difference.
6.14 In the case of a vehicle stored or impounded by the Department that is of low value
and qualifies as a junk vehicle as described within California Vehicle Code
Sections 22670 or 22851.10, the CONTRACTOR may request D.M.V. Form 462,
Public Agency Authorization to dispose of a Vehicle to a Scrap Iron Processor or
Dismantler, in lieu of obtaining the stored automobile release to process a lien sale
for the vehicle. This form will suffice for final disposition of the vehicle and no other
release is necessary. Form 462 cannot be issued for (15) fifteen days from the day
the vehicle is first stored at the tow facility.
6.15 In addition to the storage yard, the tow service shall maintain a closed building
that affords storage of four (4) additional full size vehicles in accordance with
Section 14.0 below. This enclosure shall be of such size and construction to allow
for Forensic Services examination of the vehicles in a dry environment during
inclement weather. Access to this enclosed storage building shall be severely
limited by CONTRACTOR, as directed by the investigator assigned to the case for
which the vehicle has been impounded.
6.16 CONTRACTOR must advise the Department's Traffic Division in writing within ten
(10) business days, if a person picking up a vehicle complains to CONTRACTOR
of damage to the vehicle or any missing vehicle accessories or personal property
from the vehicle for which CONTRACTOR denies responsibility.
6.17 All CONTRACTOR's employees who have access to the storage yard or the
personal property which is taken out of any vehicle for storage or safe keeping
must provide a complete set of finger prints, complete an application and have
written authorization from the Chief of Police or his/her designee for such access.
6.18 Upon request of (a) the registered owner; (b) the legal owner; (c) the insurance
carrier of either (a) or (b); or (d) the duly authorized agent of any of the foregoing,
CONTRACTOR shall furnish an itemized statement of charges upon request and
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without demanding payment as a condition. The statement shall include the
service performed, labor and special equipment used in towing the vehicle.
6.19 A vehicle on a thirty -(30) day hold may be signed over to CONTRACTOR by the
legal owner prior to the expiration of the thirty (30) days. The legal owner must first
obtain a vehicle release from the Department. The CONTRACTOR after receiving
the vehicle release from the Department must apply for a lien release prior to
selling the vehicle.
6.20 CONTRACTOR shall notify the Department of any vehicles being impounded
within CITY pursuant to private party impound requests immediately prior to
commencement of the towing of such vehicles.
7.0 RESPONSE TIME
7.1 CONTRACTOR shall respond to the Department's requests for towing, impound,
and storage service within twenty (20) minutes from the time such request is
received. An immediate response will be required for all emergency calls.
Response time is the difference between the time the CONTRACTOR is contacted
by the Department and the time the tow truck arrives at the required location.
CONTRACTOR shall promptly notify the Department if this response time cannot
be met. Emergency conditions, as verified by local media or traffic enforcement
may be acceptable reasons for not meeting the response time requirement.
Equipment or personnel shortage, or lack of availability is not an acceptable reason
for failure to meet response times.
7.2 CONTRACTOR shall give priority to all of the Department's requests for service.
7.3 CONTRACTOR's dispatcher shall notify the Department when a tow vehicle
cannot respond immediately, give the reason for the delay, and an estimated time
of arrival. In the event of an additional delay, CONTRACTOR dispatcher shall
again notify the Department and give the new estimated time of arrival. To ensure
a timely response, the Department, in its sole discretion, may cancel any call -for -
service because of a response delay and may request service from another tow
service provider.
7.4 If the tow truck unit(s) has not arrived at the scene within twenty (20) minutes from
the time requested, the Department, based on the urgency of the field situation,
may request a different towing service to respond to the call, whether the different
tow service has a contract with CITY or not.
7.5 If CONTRACTOR's telephone or radio is not promptly answered, or if the line is
busy when called by the Department after two (2) attempts, the CONTRACTOR
being called will be bypassed and the Department may select another tow service.
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7.6 If, while rendering assistance in response to a Department call for towing, a second
Department call for towing is generated to the CONTRACTOR, the
CONTRACTOR tow truck operator shall, before responding to the second call,
ensure that all vehicles at the first site are sufficiently clear of the roadway so that
no obstruction to normal traffic exists. Once the second call is handled to
conclusion, the vehicles at the first site may be towed as necessary.
7.7 In the event CONTRACTOR is unable to respond to calls at the request of the
Department, it shall be understood that the Department has the right to call
another tow service on the rotation list. The original tow service will be placed on
the bottom of the rotation list. It is incumbent upon the tow service to advise the
Department dispatcher of any problems that may arise to adversely affect
response time.
7.8 The Department, in order to expedite service, can request any tow service out of
order on the rotation list. The tow service requested will not lose its place on the
rotation list.
8.0 EQUIPMENT STANDARDS
8.1 All towing equipment, recovery equipment, and carrier ratings are based on
structural factors only. Actual towing, carrying, and recovery capacity can be
limited by the capacity of the chassis and the optional equipment selected. The
criteria to determine the safe towing limits are:
8.1.1 The total weight of the truck, including the lifted load, must fall within the
Manufacturer's Gross Vehicle Weight Rating (GVWR) and not exceed either
the Front or Rear Axle Weight Ratings (FAWR, RAWR).
8.1.2 The truck must meet all applicable State and/or Federal standards.
8.1.3 A tow truck operator when towing a vehicle shall not exceed the GVWR
and the Axle Weight Rating (AWR) for the tow truck.
8.2 CONTRACTOR shall own or have leased to it at least three (3) tow trucks that will
be based at its approved storage facilities and will be available to perform official
towing services at all times during the term of this Agreement. At least one of
these tow trucks shall have a lifting capacity of eight (8) tons.
8.3 CONTRACTOR shall have at least two (2) rigs of one ton capacity with rear dual
wheels.
8.4 CONTRACTOR vehicles shall be equipped as tow trucks in compliance with the
provisions of the California Vehicle Code including, but not limited to, Sections 615,
24605, 25100, 27700 and 27907. Tow trucks shall be equipped with red flares,
lanterns or reflectors, hand tools, crow -bar, rope, broom, shovel, dustpan,
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absorbent material for clean-up of hazardous materials, fire extinguisher, portable
red tail lights and stop lights for towed vehicles, equipment for opening locked
vehicles, and safety chain.
8.5 All CONTRACTOR vehicles shall have available adequate equipment to handle
large trucks, trailers, tractors, and other heavy vehicle equipment. This includes a
set of dollies capable of supporting any passenger vehicle.
8.6 CONTRACTOR vehicles shall have a cable winch of sufficient size and capacity
to retrieve vehicles that have gone over embankments or off traveled portions of
roadways into remote areas or other difficult locations.
8.7 Motorcycles that are stored, impounded, or towed from a collision scene at the
request of the Department shall be hauled by a trailer that is designed to carry
motorcycles, or by a flatbed truck.
8.8 Any equipment used and maintained by CONTRACTOR shall be available for
inspection by the Department upon request. CONTRACTOR vehicles shall be
subject to random inspection by the Department.
8.9 CONTRACTOR shall be equipped for, and have personnel proficient in, unlocking
locked vehicles. CONTRACTOR shall unlock locked vehicles when requested to
do so by the Department.
8.10 Throughout the term of this Agreement, CONTRACTOR shall maintain in a neat
and clean manner and in good working condition its storage facilities and
improvements thereon, and all vehicles, facilities, equipment, and materials used
by CONTRACTOR in the performance of the services required under this
Agreement. Any additions to or deletions from the CONTRACTOR tow truck fleet
shall be immediately reported, in writing, to the Department.
9.0 COMMUNICATIONS EQUIPMENT
9.1 CONTRACTOR, during the term of this Agreement shall maintain, and have
approved by CITY, a continuous means of communication between
CONTRACTOR's dispatcher and each CONTRACTOR tow vehicle.
CONTRACTOR shall also maintain and staff, on a 24 hour basis, a telephone to
receive calls from the Department and members of the public.
9.2 Use of Citizen's Band Class D radio equipment by CONTRACTOR is prohibited.
9.3 Telephone service maintained by CONTRACTOR shall be adequate to receive
police calls without delay. The telephone terminals shall be monitored at all times.
Recording machines or similar devices are not allowed. If a call from the
Department is not answered within six (6) rings or the line is busy after two
attempts, or placed on hold for more than a minute, the call will be terminated and
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CONTRACTOR will be placed on the bottom of the rotation list and the tow service
next in line will be called.
9.4 CONTRACTOR shall provide a list of telephone numbers to be called in order of
priority. Changes to contact list shall be provided immediately in writing to the
Chief of Police or his/her designee along with the effective date of the change(s)
10.0 HOURS
10.1 CONTRACTOR shall provide twenty-four (24) hour towing service, seven (7) days
a week, during the term of this Agreement.
10.2 CONTRACTOR shall ensure that there will be an employee on call twenty-four
(24) hours a day, seven (7) days a week and capable of being present or
available for releasing impounded or stored vehicles to the public in accordance
with Section 6.0 of this Agreement. CONTRACTOR's response time for such
releases shall be no longer than one (1) hour.
11.0 VEHICLE IDENTIFICATION
11.1 Each CONTRACTOR vehicle shall display identification signs, in compliance with
Section 27907 of the California Vehicle Code. CONTRACTOR shall not display
any signs or advertising that indicate the CONTRACTOR is an official towing
service or garage of CITY.
11.2 CONTRACTOR shall not, through their advertisements or otherwise, in any way
publicize any official or other business connection with CITY, nor shall
CONTRACTOR advertise any address or telephone number of CITY as a location
to call for vehicle towing and storage service.
12.0 STORAGE SERVICE RESPONSIBILITIES
12.1 CONTRACTOR shall be responsible for all vehicles, accessories, and equipment
thereon, and all personal property therein, stored by it. It shall be CONTRACTOR's
duty to protect such stored vehicles, accessories, equipment, and property against
all loss, damage by fire, theft, or other causes.
12.2 CONTRACTOR shall be responsible for the negligent acts and omissions of its
employees and for any property damage caused by CONTRACTOR or its
employees to any vehicle under their control.
13.0 STORAGE FACILITY STANDARDS
CONTRACTOR shall make adequate provisions for the security of vehicles and
property at its storage facilities, which shall at a minimum consist of all of the following:
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13.1 All vehicles shall be stored in a building, or in an area or areas enclosed by a
substantial wall or fence. The storage yard shall be enclosed with a concrete block
wall or chain-link type fence of a height of not less than six (6) feet. The top of the
fence shall be equipped with two (2) or more strands of barbed wire installed in
such a manner as to discourage access by climbing the fence. Concertina type
razor wire may be substituted for barbed wire, subject to Department approval and
local codes.
13.2 The bottom edge of the fence shall not rise more than two (2) inches above the
finished surface of the parking area of the storage yard. A secure locking system
shall be a part of the gate and it shall otherwise meet the same standards for
security as described for the fence.
13.3 All storage facilities shall be maintained in good working order and secured at all
times. Any damage affecting security of vehicles, lighting and/or evidence shall be
repaired within twenty-four (24) hours of the damage.
13.4 The minimum total capacity of the CONTRACTOR's storage facilities for storage
shall be spaces for 75 vehicles.
13.5 All storage facilities must be approved for security by the Chief of Police, or his/her
designee, and available for inspection by the Department at all times upon request
of the Chief of Police or his/her designee.
13.6 In the event of theft from the vehicles stored in the yard, the CONTRACTOR must
take additional measures satisfactory to the Department to protect the vehicles and
property in the vehicles.
13.7 Registered or legal owners requesting to inspect their vehicles shall be allowed to
do so without having to pay the storages fees first.
13.8 The CONTRACTOR shall not perform any work upon any vehicle without first
obtaining written permission from the owner of the vehicle. Notwithstanding the
foregoing, all work on impounded vehicles shall be handled pursuant to Section
14.0 below.
13.9 If the CONTRACTOR videotapes or otherwise records images of the storage
facility, such videotapes and photographs shall be maintained by the
CONTRACTOR for at least ninety (90) days.
14.0 IMPOUND VEHICLES - INSIDE STORAGE
14.1 Vehicles that have been impounded by order of the Department shall not be
released, lien sold, worked on, altered, or tampered with, without a written release
from the Department.
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14.2 CONTRACTOR shall maintain, without charge to the Department, separate, fully
enclosed, and secured garage storage facilities for a minimum of four (4) vehicles
ordered impounded by the Department.
14.3 The Department shall have sole access to such separate impound facilities when
vehicles are being held for evidence.
14.4 The Department shall designate when a vehicle is to be placed into inside impound
storage. Vehicles placed into this impound space shall not be removed from such
protection until approved and authorized in writing by the investigating officer of
the Department in accordance with Section 6.7.
15.0 RELEASE OF VEHICLES
15.1 The CONTRACTOR is responsible for the release of all vehicles stored by the
Department. CONTRACTOR is hereby granted authority to release to the
registered owner, legal owner, or authorized representative, all vehicles stored but
not impounded, by the Department. Authority to release impounded vehicles must
be obtained from the Department, which must be in writing on the Department's
approved impound release form.
15.2 After obtaining a release from the Department, registered or legal owners or an
agent of the owner requesting to inspect their vehicles or remove property from
their vehicles shall be allowed to do so without having to pay the storage fees first.
Such inspections and property removals shall be available only during the
CONTRACTOR's regular business hours.
16.0 RECORD KEEPING & REPORTING
16.1 CONTRACTOR shall log, maintain, and complete accurate business records of
the tow service including: a description of the vehicle, nature of service, time,
location, tow truck operator handling the call and an itemized total charge. These
records shall be available for inspection by the Department, with or without
cause, with 24 hours notice, during normal business hours. These records shall
be kept for a minimum period of three (3) years.
16.2 Record systems must provide for immediate access, upon inquiry by the Chief of
Police or his/her designee, to the following information:
16.2.1 Locate vehicle from the Department's report number.
16.2.2 Locate vehicle from license number only.
16.2.3 Locate vehicle from make, color, date and location of impound.
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16.2.4 Date of filing of all lien sale documents with DMV.
16.3 CONTRACTOR shall submit a report, by the 10th day of each month, to the
Department, which shall include all of the following information for the preceding
month:
16.3.1 Total CITY impounds and storages.
16.3.2 Number of times dispatched by the Department.
16.3.3 Number of calls for service resulting in impounds.
16.3.4 Number of calls for services that resulted in having to spend more
than one hour on the call.
17.0 LIENS AND DISPOSALS
17.1 CONTRACTOR shall provide the Department with a list of unclaimed vehicles
thirty (30) days before they are scheduled to be disposed of or sold. On or before
the 10th of each month, CONTRACTOR shall furnish to the Department a list of
all vehicles that have been sold at lien sales during the previous month, and date
of the action. The list shall include the vehicle owner's name, address, vehicle
make, year and model, license number, VIN number, and Department record
number. Copies of all lien sale documents shall be resubmitted with such list. The
documents shall be dated and include all charges imposed on each sale.
17.2 CONTRACTOR shall comply with all State law requirements for the disposal of
unclaimed vehicles.
18,0 PERFORMANCE
18.1 CONTRACTOR shall perform the services required under this Agreement in an
ethical, professional, and orderly manner and shall endeavor to obtain and keep
the confidence of the motoring public.
18.2 CONTRACTOR's performance of all terms and conditions set forth herein shall be
monitored and verified by the Department's Traffic Division.
18.3 At its sole expense, CONTRACTOR shall obtain a CITY Business License, all
permits, and licenses as may be required by this Agreement or otherwise to
perform the work. CONTRACTOR shall maintain in effect throughout the term of
this Agreement all licenses and permits required to perform the services required
by this Agreement.
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19.0 INSPECTION
19.1 All real property and improvements thereon, and all facilities, equipment, and
materials used by CONTRACTOR in the performance of this Agreement shall,
upon request by the Department, be open to immediate inspection by the Chief of
Police or his/her designee.
20.0 MOTORISTS ASSISTANCE
20.1 Whenever a motorist requests tow assistance from the Department and does not
specify a particular tow company or membership agency, the service shall be, in
the sole discretion of the Department, assigned to either CONTRACTOR or
another tow service awarded a contract for tow service by CITY, in accordance
With the Department's adopted call -for -service system. All charges arising out of
such assistance assigned to the CONTRACTOR shall be the exclusive
responsibility of CONTRACTOR and the requesting motorist. The Department
shall not be liable for any charges whatsoever arising out of a motorist assistance
call. CONTRACTOR shall not charge such motorist more than the rates specified
in this Agreement.
21.0 RISK
21.1 CONTRACTOR assumes all risk in the event of damage, theft, fire, or otherwise,
of the vehicles or any other property towed, impounded, or stored by
CONTRACTOR, its employees or agents.
21.2 Notwithstanding any other term or condition herein, in responding to a call from the
Department, CONTRACTOR shall have no claim whatsoever against CITY or any
right to recover from City for the cost of any of the services it renders in the
performance of this Agreement. CONTRACTOR shall look solely and exclusively
to the owner of the vehicle towed, impounded, or stored for payment of the services
provided by the CONTRACTOR.
21.3 CONTRACTOR shall assume the entire risk of nonpayment of any service charges
incurred pursuant to this Agreement.
21.4 In the event a vehicle has been stored or impounded by the Department due to
error or negligence, no charges or fees shall be paid and the vehicle shall be
released to the owner or the owner's agent. CITY shall not be liable for any such
charges or fees. If the error is not discovered for a period of five (5) business days
after the vehicle is stored and CONTRACTOR has initiated lien sale process, as
required by C.V.0 22851.8, CONTRACTOR shall be entitled to recover actual
costs incurred to initiate the lien.
22.0 INSOLVENCY
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22.1 CONTRACTOR shall not, without the prior written consent of the Chief of Police,
allow either the appointment of a receiver to take possession of all or substantially
all of the assets of CONTRACTOR or make a general assignment of such assets
for the benefit of creditors. Any such action taken or allowed by CONTRACTOR
under any insolvency or bankruptcy proceeding constitutes a breach of contract by
CONTRACTOR and all property assigned by CITY for safe care shall be "released"
to another assigned service provider, as specified by the Chief of Police or his/her
designee, with a reimbursement for towing, storage, and related fees borne by the
service provider assuming the new responsibility.
23.0 SUCCESSORS AND ASSIGNS
23.1 Each of the terms and conditions of this Agreement shall inure to the benefit of and
shall bind, as the case may be, not only the parties hereto, but each and every one
of the heirs, executors, administrators, successors, assignees, and legal
representatives of the parties.
23.2 CONTRACTOR shall not assign its rights or delegate or otherwise transfer its
obligations under this Agreement to any other person or entity without the prior
written consent of CITY. Any such assignment without the prior consent of CITY
shall be void and the attempted assignment shall constitute a material breach of
this Agreement.
23.3 If CONTRACTOR is permitted to subcontract any part of this Agreement,
CONTRACTOR shall be responsible to CITY for the acts and omissions of its
subcontractor as it is for persons directly employed. Nothing contained in this
Agreement shall create any contractual relationship between any subcontractor
and CITY. All persons engaged in the work will be considered employees of
CONTRACTOR. CITY will deal directly with and will make all payments to
CONTRACTOR.
24.0 INDEMNITY
24.1 CONTRACTOR shall protect, defend, indemnify, and hold harmless CITY, its
Council Members, officers, employees and agents, against, without limitation, any
and all claims, demands, debts, obligations, liabilities, judgments, actions,
penalties, fines, costs, expenses and attomeys' fees of every kind and description
arising out of or connected in any way with CONTRACTOR's performance under
this Agreement, including but not limited to: (1) any claim or action relating to the
preparation of vehicles for towing; (2) any claim or action relating to the towing of
vehicles; (3) any claim or action relating to the storage, impound, and maintenance
activities; (4) any claim or action relating to the sale or disposal of vehicles pursuant
to this Agreement; and (5) workers' compensation.
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24.2 This hold harmless agreement shall apply to all liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon
the amount of indemnification to be provided by CONTRACTOR.
25.0 INSURANCE
CONTRACTOR, at its sole cost and expense, shall purchase and maintain
throughout the term of this Agreement the following insurance policy:
25.1 CONTRACTOR shall maintain in full force and effect, during the term of this
Agreement, policies of comprehensive general liability (including property damage
and bodily injury) and automobile liability insurance with limits of at least
$1,000,000.00 combined single limit coverage per occurrence. CITY, its officers,
employees, and agents shall be named as additional insureds.
25.2 CONTRACTOR shall carry and pay for workers' compensation insurance as is
required to fully protect CONTRACTOR and its employees under California
Workers' Compensation Insurance Law.
25.3 All insurance required pursuant to this section shall: be issued by a company
authorized by the Insurance Department of the State of California and rated A-,
Class VII or better by the latest edition of Best's Key Rating Guide, except that
CITY will accept workers' compensation insurance rated B, VII or better or from
the State Compensation Fund. The workers' compensation insurance company
shall agree to waive all rights of subrogation against CITY for losses paid under
the terms of the policy, which arose from the work performed by the named
insured.
25.4 Upon execution of this Agreement, CONTRACTOR shall provide to CITY
certificates of insurance and endorsements evidencing the policies fulfilling the
requirements of this Section. If self-insured for workers' compensation,
CONTRACTOR shall submit to CITY a copy of its certification of self-insurance
issued by the Department of Industrial Relations. Each insurance policy shall
provide that it shall not be cancelled or modified except after thirty (30) days written
prior notice to CITY.
25.5 The insurance policies specified in this Section, except for the workers'
compensation policies, shall name CITY and its officers, Council Members, agents,
and employees as additional insureds by endorsement to the policies. Such
policies shall be primary, and any other policies maintained by. or providing
protection for CITY shall be excess or secondary but noncontributing.
25.6 If CONTRACTOR does not keep all of such insurance policies in full force and
effect at all times during the term of this Agreement, CITY may elect to treat the
failure to maintain the requisite insurance as a breach of this Agreement and
terminate the Agreement as provided herein.
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25.7 If CITY reasonably determines that the amounts of insurance held by the
CONTRACTOR pursuant to this Agreement are no longer sufficient, or that
additional types of coverage are needed, CONTRACTOR shall modify the existing
coverage or obtain additional policies, as CITY shall reasonably determine. All
new policies shall be on the terms and conditions contained herein.
25.8 The CONTRACTOR shall annually within ten (10) days of the anniversary of the
effective date of this Agreement, and at any other time requested by the City,
provide to the CITY evidence that all insurance required pursuant to this
Agreement continues to be in full force and effect.
26.0 INTEGRATION
26.1 This Agreement fully expresses all understandings between the parties with
respect to the subject matter of this Agreement and supersedes all prior or
contemporaneous oral or written understandings or agreement regarding the
matters covered by this Agreement.
27.0 AMENDMENT
27.1 No modification, amendment, addition to, deletion, or alteration of the terms of this
Agreement, whether written or oral, shall be valid unless made in writing and
formally approved and executed by all parties.
28.0 NO WAIVER
28.1 No delay or omission in the exercise of any right or remedy available hereunder
shall impair such right or remedy or be construed as a waiver. Any waiver of any
default or condition hereunder must be in writing and shall not be construed as a
waiver of any other default concerning the same or any other provision of this
Agreement.
28.2 The waiver by CITY of any breach by CONTRACTOR of any of the provisions of
this Agreement shall not constitute a continuing waiver or a waiver of any
subsequent breach or default by CONTRACTOR either of the same or a different
provision of this Agreement.
29.0 THIRD PARTY BENEFICIARIES
29.1 The terms of this Agreement are intended to confer benefits only on the parties to
this Agreement. No rights of action shall accrue to any other persons or entities
under this Agreement.
30.0 INDEPENDENT CONTRACTOR
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30.1 Both parties hereto in the performance of this Agreement shall be acting in an
independent capacity and not as agents, employees, partners or joint ventures
with one another. CONTRACTOR and its employees are not employees of CITY
and are not entitled to any of the rights, benefits, or privileges of CITY's employees
including, but not limited to, medical, unemployment, or workers' compensation
insurance.
31.0 CONTROL.
31.1 Neither CITY or its officers, Council Members, agents, or employees shall have
any control over the conduct of CONTRACTOR employees except as set forth
herein. CONTRACTOR agrees not to represent that it or its agents, servants, or
employees are in any manner agents, servants, or employees of CITY, it being
understood CONTRACTOR, its agents, servants, and employees are as to CITY
wholly independent contractors and that CONTRACTOR's obligations to CITY are
solely those prescribed by this Agreement. CITY and CONTRACTOR further
acknowledge and agree that CITY shall have no responsibility for salary, health
benefits, retirement benefits, taxes, or any other benefits that may be due to
CONTRACTOR's employees.
32.0 WORKERS' COMPENSATION
32.1 CONTRACTOR shall comply with all of the provisions of the Workers'
Compensation Insurance and Safety Acts of the State of California, the applicable
provisions of Division 4 and 5 of the California Government Code and all
amendments thereto; and all similar state and federal acts or laws applicable; and
shall indemnify, defend, and hold harmless CITY and its officers, employees, and
agents from and against all claims, demands, payments, suits, actions,
proceedings, and judgments of every nature and description, including attorneys'
fees and costs incurred by CITY or presented, brought, or recovered against CITY,
its officers, employees, and agents, for or on account of any liability under any of
said acts which may be incurred by reason of any work to be performed by
CONTRACTOR under this Agreement.
33.0 EXECUTION OF AGREEMENT
33.1 The persons executing this Agreement hereby represent and warrant that the
execution of this Agreement and the performance of the terms and conditions of
this Agreement have been authorized by all requisite corporation, Federal, State,
municipal, or other entity requirements and that the undersigned have the right,
power, legal capacity and authority to execute and enter into this Agreement.
34.0 DRY RUNS
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34.1 CITY shall not be liable to pay CONTRACTOR any charge whatsoever or fee for
a call that does not result in a chargeable service being rendered by
CONTRACTOR (i.e., a "dry run").
35.0 CITY VEHICLE TOWING
35.1 CONTRACTOR shall provide, without cost to the CITY, towing of CITY vehicles as
requested by CITY.
36.0 RESPONSIBILITY
36.1 It shall be the responsibility of CONTRACTOR to provide equipment and to
perform the duties expressed in this Agreement. CONTRACTOR is hereby granted
authority to utilize additional resources whenever deemed necessary to perform
its tow service duties. This may include, but is not limited to, personnel and/or
equipment of another tow operator. This, however, shall not relieve
CONTRACTOR of its duties and responsibilities and any additional cost incurred
shall not be charged to CITY.
37.0 EXCLUSION --ABANDONED VEHICLES
37.1 Vehicles, or parts thereof, which are disposed of through Abandoned Vehicle
Abatement Program by delivery to an authorized automobile dismantler, pursuant
to Section 22660 of the California Vehicle Code are excluded from this Agreement.
No charge shall be assessed against the CITY or the owner of any vehicle that is
towed, stored, or dismantled under the provisions of the Abandoned Vehicle
Abatement Program.
38.0 BREACH OF CONTRACT
It shall be grounds for termination of this Agreement, if CONTRACTOR, or any of
its agents or employees or any person(s) connected or associated with the
CONTRACTOR as an operator, director, officer, stockholder, general manager, or person
who is exercising managerial authority of or on behalf of the CONTRACTOR has
committed any one of the following acts:
38.1 Has been convicted of a felony or any crime involving theft, embezzlement, stolen
property, fraud or crimes of violence within the last ten (10) years or is so convicted
during the term of the Agreement.
38.2 Has published, uttered or disseminated any false, deceptive or misleading
statements or advertisement in connection with the operation of the towing service.
38.3 Has conducted the towing service in a manner contrary to the peace, health,
safety, and general welfare of the public.
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38.4 Has violated or permitted other persons to violate, through an act of omission or
commission by the CONTRACTOR, any felony or misdemeanor crime involving
sexual offenses or moral turpitude, or a felony involving sale or use of a controlled
substance, or any act of dishonesty, fraud, within the last ten (10) years.
38.5 Had an inspection or investigation by the City Building Division, Police Department,
or Fire 'Department, which revealed a deficiency, violation, or conduct that
endangers the peace, health, safety and general welfare of the public.
38.6 Employs tow truck operators under 18 years of age.
38.7 Fails to notify the Department's Traffic Division in writing of any names, addresses,
driver's license number of any newly employed tow truck operator within ten (10)
business days of their hire date, or fails to notify the Department's Traffic Division
within ten (10) business days of any tow truck operator who is no longer employed
by CONTRACTOR.
38.8 Has charged fees in excess of the rates approved by the Department or in excess
of any Federal, State, County or City laws or regulations for towing and/or storage
of vehicles or any service incidental to towing.
38.9 Has allowed the services of a tow truck operator with a record of violations of the
Vehicle Code which has resulted in the suspension or revocation of their driver's
license or a second (2nd) driving under the Influence or reckless driving conviction
within the three (3) years preceding the most recent violation, to remain in
CONTRACTOR's employment as a tow truck operator providing service to CITY.
38.10 Fails to comply with any California Vehicle Code, Federal, State, or County
regulations and laws relating to towing and/or storing of vehicles, including the
impounding and storing of vehicles from private property.
38.11 Fails to maintain control of any personal property, vehicle accessories and
vehicles, which have been towed.
38.12 Fails to reimburse the legal or registered owner for damage or loss that occurs
while the vehicle was in the CONTRACTOR's custody.
38.13 Having allowed an unauthorized person access to the storage yard or facilities.
38.14 Any other grounds as outlined in this Agreement, or failing to comply with any
provision of this Agreement.
38.15 Has knowingly made false, misleading or fraudulent statements of a material fact
in a report or record required to be filed with the Department.
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38.16 Has stopped and solicited on any street, highway or other public thoroughfare the
rendering of assistance to a person or disabled vehicle without first being
requested to do so, except to render emergency aid when there exists an imminent
peril to life or property.
38.17 Has charged for services not performed, equipment not employed or used, service
or equipment not needed, or has otherwise materially misstated the nature of any
service performed or equipment used.
38.18 Has been suspended from another police department tow list, within five (5) years
of applying to provide tow services to the CITY, or during the term of the
CONTRACTOR's agreement with CITY.
38.19 Obtaining a tow contract from the CITY by use of fraud, trick, dishonesty, or
forgery.
38.20 Towing a vehicle to a location other than approved by the Department as an
authorized storage facility without first receiving prior authorization to do so by the
Department.
38.21 After towing a vehicle to the CONTRACTOR's storage facilities, towing the vehicle
to another location for storage or impound without authorization from the
Department.
38.22 Defrauding or conspiring to defraud any owner of any vehicle, any insurance
company, or any other person financially interested in the towing, storage, or
impound of any vehicle.
38.23 Moving, tampering with, or removing a vehicle involved in a traffic collision prior to
the arrival of law enforcement officers at the scene.
38.24 The Department receives four (4) or more complaints against the CONTRACTOR
during any twelve (12) month period that the Department, in its reasonable
discretion, determines to be justified, regarding the service, or lack thereof,
provided by the CONTRACTOR.
38.25 Repeated or flagrant violations of the provisions of the California Vehicle Code.
38.26 Demonstrating a pattern or practice of failing to answer calls -for -service, respond
promptly to calls, and/or to maintain clean, orderly, and secured storage facilities.
38.27 Allowing the insurance coverage required herein to be withdrawn, lapse or
otherwise to no longer being in force for any reason.
38.28 Dissolution of business or bankruptcy.
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38.29 Assignment of the Agreement, or any right or interest stated herein, without the
prior written consent of Chief of Police of his/her designee.
39.0 ACTS OR OMISSIONS OF REPRESENTATIVES
39.1 It is understood and agreed by the parties that the acts and/or omissions of the
owner(s), officers, operators, officials, employees, agents, and representatives of
CONTRACTOR in the performance of the services and obligations under this
Agreement shall constitute the acts and/or omissions of CONTRACTOR and not
the City.
40.0 CHARGES
40.1 CONTRACTOR shall charge rates for all service, including an after hour's release
fee, as established herein. The rates for citizen assist calls for services such as
service calls or disabled vehicle tows will be established by the Police Department
as commercial rates for CONTRACTOR. The Chief of Police or his/her designee
prior to the increase will authorize any and all rate increases.
40.2 All rates and charges shall be conspicuously posted in the CONTRACTOR's office
and in all tow vehicles, and shall be available for review by the Department and/or
persons for whom tow service is provided. All customer bills shall be itemized.
40.3 Routine clean up is included in the basic tow charge. However, when clean up is
determined to be excessive (by mutual agreement of the CONTRACTOR and the
CITY), the rate shall be the labor rate referenced in CONTRACTOR'S proposal
(quoted for "labor").
40.4 The CONTRACTOR, as prescribed within California Vehicle Code Section
22651.1, shall accept a valid bankcard, credit card or cash for payment of towing
and storage by the registered owner, legal owner, or agent of the owner claiming
the vehicle.
40.5 Following the completion of the initial three (3) year contract period, the Chief of
Police or his/her designee, may reevaluate the charges and rates set to ensure
that the current rates and charges are reasonable.
40.6 A "Request Release for Lien Sale -Form 439" is required prior to the lien release of
any vehicle that has been stored or impounded by the Department. The use of this
system provides a way to monitor vehicles used or involved in major crimes that
may be evidence of the crime, and to prevent their release. An administrative fee
of $ per request release for lien sale form has been established to defray the
costs of printing, filing, verifying if the vehicle is needed as evidence, and the
postage or delivery of the forms to the CONTRACTOR. The fee will begin upon
the inception of this Agreement. A check for the accumulative total of request
release for lien sale forms will accompany each package submitted.
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40.7 All charges for towing, impound, storage, and other services required to be
performed by CONTRACTOR under the terms and conditions of this Agreement
shall not exceed those charges approved by CITY, which are set forth in the
schedule of rates below:
Towing
Passenger cars, wagons, compact & mid-size SUVs $
P/U Trucks, SUVs & Vans
$
Commercial Trucks & Vans
$
Rigs, Buses & Motorhomes
$
Motorcycles
$
Storage/Impound (per day)
Passenger Vehicles (all) - Outside
$
Passenger Vehicles (all) - Inside
$
Motorcycle
$
Commercial Trucks or Motorhome - Outside
$
Commercial Trucks or Motorhome - Inside
$
Long Term Storage (per week)
$
Other Services
After -Hours Release
$
On -Site Release
$
Rollover/Winching
$
Dolly/Go-jacks
$
Driveshaft/Linkage
$
Service Call - Minimum
$
Hazardous Materials Clean -Up
$
Labor
$
40.8 In the event that unforeseen changes in the tow service industry seriously affect
CONTRACTOR's ability to continue to provide the towing, impound, and storage
services required under this Agreement, CONTRACTOR may petition the
Department for a re-evaluation of the agreed upon charges and rates set forth in
this Section. CONTRACTOR shall be required to provide such proof as necessary
to show that the continuance of the current rates and charges are so economically
harmful to CONTRACTOR so as to place CONTRACTOR in danger of having to
default on the Agreement. The parties may by written amendment adjust the terms
of this Agreement where circumstances beyond the control of either party require
modification or amendment.
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41.0 NOTICES
41.1 Any notices required or permitted under this Agreement shall be in writing and shall
be delivered personally or sent by U.S. Mail, first class postage prepaid, return
receipt requested, addressed as follows:
CITY: City of Tustin
Attn: Chief of Police
300 Centennial Way
Tustin, CA 92780-3767
CONTRACTOR:
Attn:
42.0 CHANGE OF CIRCUMSTANCES
42.1 Each party shall promptly notify the other party of any legal impediment, change
of circumstances, pending litigation, or any other event or condition that may
adversely affect such party's ability to carry out any of its obligations under this
Agreement.
43.0 SEVERABILITY
43.1 If any term or condition of this Agreement, or the application thereof to any person
or circumstance, shall to any extent be held by a court of competent jurisdiction to
be invalid, void, or unenforceable, the remainder of this Agreement, or the
application thereof to any person or circumstance, shall remain in full force and
effect and shall in no way be affected, impaired, or invalidated thereby.
44.0 VENUE
44.1 This Agreement shall be governed and construed in accordance with the laws of
the State of California. In the event of any legal action to enforce or interpret this
Agreement, the sole and exclusive venue shall be a court of competent jurisdiction
located in Orange County, California.
45.0 EFFECTIVE DATE
45.1 The Effective Date of the Agreement shall be August 01, 2018 at 12:00 a.m.
[SIGNATURE PAGE FOLLOWS]
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SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the day and year first written above.
ATTEST:
IN
Erica Rabe, City Clerk
APPROVED AS TO FORM:
David Kendig, City Attorney
CITY OF TUSTIN
TUSTIN POLICE DEPARTMENT
IN
Charles F. Celano, Chief of Police
CONTRACTOR
in
Title:
M
Title:
City of Tustin Contract -27- Official Tow Service
1320319.1
ATTACHMENT NO. 4
City of Tustin - Official Police Tow Contract Agreement
CITY OF TUSTIN
OFFICIAL POLICE TOW SERVICE AGREEMENT
2018
Contractor: �.' A�. �t-oCL.lt t4 Tau! ► ,.f C� Effective Date: Ec..'-- 2�
Table of Contents
RECITALS.....................................................................................................................................
1
1.0
SCOPE OF SERVICES......................................................................................................
2
2.0
CONSIDERATION............................................................................................................
2
3.0
TERM AND TERMINATION...........................................................................................
3
4.0
LOCATION........................................................................................................................
3
5.0
PERSONNEL.....................................................................................................................
4
6.0
TOWING SERVICE DUTIES...........................................................................................
6
7.0
RESPONSE TIME..............................................................................................................
9
8.0
EQUIPMENT STANDARDS..........................................................................................
10
9.0
COMMUNICATIONS EQUIPMENT.............................................................................
11
10.0
HOURS.............................................................................................................................
12
11.0
VEHICLE IDENTIFICATION........................................................................................
12
12.0
STORAGE SERVICE RESPONSIBILITIES..................................................................
12
13.0
STORAGE FACILITY STANDARDS............................................................................
12
14.0
IMPOUND VEHICLES - INSIDE STORAGE................................................................
13
15.0
RELEASE OF VEHICLES...............................................................................................
14
16.0
RECORD KEEPING & REPORTING.............................................................................
14
17.0
LIENS AND DISPOSALS...............................................................................................
15
18.0
PERFORMANCE.............................................................................................................
15
19.0
INSPECTION...................................................................................................................
16
20.0
MOTORISTS ASSISTANCE...........................................................................................
16
21.0
RISK.................................................................................................................................
16
22.0
INSOLVENCY.................................................................................................................
16
23.0
SUCCESSORS AND ASSIGNS......................................................................................
17
24.0
INDEMNITY....................................................................................................................
17
25.0
INSURANCE....................................................................................................................
18
26.0
INTEGRATION...............................................................................................................
19
27.0
AMENDMENT.................................................................................................................19
28.0
NO WAIVER....................................................................................................................
19
29.0
THIRD PARTY BENEFICIARIES..................................................................................
19
30.0
INDEPENDENT CONTRACTOR...................................................................................
19
31.0
CONTROL........................................................................................................................20
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32.0 WORKERS' COMPENSATION..................................................................................... 20
33.0 EXECUTION OF AGREEMENT.................................................................................... 20
34.0 DRY RUNS...................................................................................................................... 20
35.0 CITY VEHICLE TOWING.............................................................................................. 21
36.0 RESPONSIBILITY...........................................................................................................21
37.0 EXCLUSION—ABANDONED VEHICLES.................................................................. 21
38.0 BREACH OF CONTRACT.............................................................................................. 21
39.0 ACTS OR OMISSIONS OF REPRESENTATIVES....................................................... 24
40.0 CHARGES........................................................................................................................ 24
41.0 NOTICES.......................................................................................................................... 26
42.0 CHANGE OF CIRCUMSTANCES................................................................................. 26
43.0 SEVERABILITY..............................................................................................................26
44.0 VENUE............................................................................................................................. 26
45.0 EFFECTIVE DATE.......................................................................................................... 26
SIGNATUREPAGE............................................................................................................. . 27
City of Tustin Contract Official Tow Service
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City of Tustin — Official Police Tow Contract Agreement
CITY OF TUSTIN
OFFICIAL POLICE TOW SERVICE AGREEMENT
THIS OFFICIAL POLICE TOW SERVICE AGREEMENT (the "Agreement") is
made and entered into this day of , 2018 by and between the
CITY OF TUSTIN, a California municipal corporation (hereinafter referred to as "CITY"),
and (hereinafter referred to as "CONTRACTOR").
Any reference in this Agreement to the "Department" shall be deemed to refer to the
Tustin Police Department.
RECITALS
A. CITY's Police Department requires the aid and assistance of towing
services on a regular basis in the performance of its emergency response and traffic
control duties, including response to and investigation of vehicular accidents.
B. As a means for providing the necessary towing service, CITY has approved
the use of certain towing service companies who have agreed to contract with CITY to
provide the requisite towing service pursuant to the requirements and performance
criteria established by the Department, as set forth in the terms and conditions contained
herein and in the City of Tustin Request for Proposals (RFP) for the Official Police Tow
Service 2018. The RFP and the proposal submitted by the CONTRACTOR pursuant to
the RFP (the "Contract Documents") are hereby incorporated and made part of this
Agreement as though fully set forth herein. Should any inconsistency occur or exist in
these Contract Documents, the provisions of this Agreement, then the provisions of
Request for Proposal, then the Proposal shall control, in that order.
C. CONTRACTOR is a towing company selected by the Department to be
used on-call and on a rotational basis for any police emergency or response situation
where the use of a tow truck is required.
D. CONTRACTOR owns or leases tow trucks and employs personnel that are
capable of providing the desired vehicle towing and storage services to CITY pursuant to
the Contract Documents.
E. CITY desires to retain and designate CONTRACTOR and CONTRACTOR
desires to accept and be retained by CITY, as an independent contractor, for purposes
of providing police towing and vehicle impound and storage services for CITY, pursuant
to the terms and conditions set forth in this Agreement and the Contract Documents.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are
incorporated herein by reference, and the mutual promises, covenants, and conditions
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City of Tustin — Official Police Tow Contract Agreement
contained herein, the parties agree as follows. To ensure the efficient performance of
police towing services for the Department, CONTRACTOR hereby agrees to the following
service provider requirements, specifications, performance criteria, and terms and
conditions:
1.0 SCOPE OF SERVICES
1.1 CONTRACTOR shall perform vehicle towing, impound, and storage services as
directed by the Department and in addition such other services as provided in this
Agreement, and shall provide necessary storage facilities, tow services, labor,
materials, equipment, machinery and tools.
1.2 CONTRACTOR shall comply with all State laws that regulate tow units and the
impound, towing, storage, selling orjunking of vehicles. Specific services, include,
but are not limited to, towing of improperly parked vehicles, vehicles that obstruct
or impede the flow of traffic or emergency lanes, walkways, and handicapped
parking spaces, police impounds, seizure of evidence, and motor vehicle
accidents.
1.3 CONTRACTOR is hereby designated as an authorized tow service provider for
CITY by the Chief of Police. All trucks and equipment used by CONTRACTOR in
the performance of this Agreement shall be owned by or leased to CONTRACTOR
and shall be subject to all provisions herein.
1.4 The CONTRACTOR acknowledges and agrees that this Agreement to provide tow
services as set forth herein is non-exclusive. City intends to concurrently contract
with other tow service providers. City shall utilize the services of each tow service
providers as City, in its sole discretion, deems appropriate.
2.0 CONSIDERATION
In consideration of CONTRACTOR's agreement to perform the services provided
for herein, CITY agrees that throughout the term of this Agreement, CONTRACTOR shall
have:
2.1 The right to tow, impound, and store vehicles at the direction of the Department
within and outside the jurisdictional boundaries of CITY, subject to the
Department's call -for -service system, as it may be amended from time to time, at
the Department's sole discretion.
2.2 The right to charge vehicle owners the amounts not to exceed those charges
approved by the City according to Section 40 below.
2.3 Notwithstanding the provisions of this Agreement pertaining to CONTRACTOR's
services and Consideration, nothing contained herein shall deprive the owner or
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operator of a vehicle from requesting and receiving towing services from a person
or entity other than CONTRACTOR.
2.4 Provided, further, that when, in the opinion of the Department, an emergency exists
or where CONTRACTOR is either unable or unwilling for any reason to provide
adequate or timely tow service, then the Department shall have the right to call
other qualified tow services, which may or may not be under contract with CITY.
Under such circumstances, the decision to call another tow service, either under
contract or not, shall be at the exclusive discretion of the Department.
3.0 TERM AND TERMINATION
3.1 This Agreement shall remain in effect for three (3) years from the Effective Date, as
defined in Section 45 below. This Agreement may be reviewed at the conclusion of
the initial three (3) year period and may be extended, at the sole discretion of CITY,
for up to two (2) additional two-year periods.
3.2 This Agreement may be cancelled by CITY at any time during the three (3) year
term, or the subsequent two-year terms if extended. In the event of termination for
cause by CITY, CONTRACTOR shall be compensated for those services that have
been fully and adequately completed and accepted by the Department as of the
date of termination. Termination of this Agreement for cause may be considered
by CITY in determining whether to enter into future contracts with CONTRACTOR.
3.3 This Agreement may also be cancelled without cause upon ninety (90) days written
notice provided by either party. In the event that CITY should abandon, terminate,
or suspend CONTRACTOR's work, CONTRACTOR shall be entitled to payment
for services fully and adequately provided hereunder prior to the effective date of
the suspension, termination, or abandonment. CONTRACTOR shall provide
documentation deemed adequate by the Department to show the services actually
completed by CONTRACTOR prior to the effective date of termination.
3.4 In the event this Agreement is terminated, in whole or in part, as provided by this
Section, CITY may procure, upon such terms and in such manner as it deems
appropriate, services similar to those terminated.
3.5 The rights and remedies of the parties provided in this section are in addition to
any other rights and remedies provided by law or under this Agreement.
4.0 LOCATION
4.1 CONTRACTOR shall maintain a physical location with a yard for vehicle storage,
along with an office for payment of fees and vehicle releases, which location shall
be within five (5) miles of the CITY limits, and from which the business shall be
conducted. Such physical location shall be subject to approval by the Chief of
Police or his/her designee. CONTRACTOR may establish and maintain an
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additional location within or outside the CITY as a yard for vehicle storage, subject
to the approval by the Chief of Police or his/her designee. Except as otherwise
directed by the Department, each vehicle towed pursuant to this Scope of Work
shall be stored at CONTRACTOR's facility, which facility is located within five (5)
miles of the CITY limits.
4.2 All vehicles stored or impounded at the direction of the Department shall be towed
directly to the CONTRACTOR's impound and storage facilities, unless the
Department requests that they be taken to some other location. If the vehicle is
towed pursuant to a citizen request, then at the request of the citizen the vehicle
can be stored at any business location of the CONTRACTOR, which has been
approved, by the Chief of Police, or his/her designee.
4.3 Any proposed change in the CONTRACTOR's facility locations shall be reported,
in writing, to the Department at least sixty (60) days prior to making such change.
CONTRACTOR shall obtain the approval of the Chief of Police or his/her designee
for any change of location.
5.0 PERSONNEL
5.1 No person employed as a tow truck operator for the CONTRACTOR shall have
access to any Department stored or towed vehicle until such time as that person
has received written approval from the Chief of Police or his/her designee.
5.2 Tow truck operators shall be proficient in the use of the tow truck they are driving
and related equipment, including, but not limited to the procedure necessary for
the safe towing and recovery of various types of vehicles. It is the responsibility of
the CONTRACTOR to ensure its operators are trained, qualified and competent
employees of the business. The operators shall complete training and have
received a certificate of completion through a recognized tow industry association
or company specialized in the training of tow operators. The training shall be hands
on and a minimum of 16 hours for light duty class tow trucks and 24 hours for
heavy duty class tow trucks. A copy of the certificate of completion for each tow
truck operator providing services pursuant to this Agreement shall be provided by
CONTRACTOR to the Department prior to commencement of each operator's
employment.
5.3 All CONTRACTOR tow truck operators shall possess valid California Tow Truck
Driver Certification and Driver's Licenses in the proper class pursuant to Vehicle
Code Sections 13378 and 12804.9(b).
5.4 All CONTRACTOR tow truck operators shall be required to have a safe driving
record, be 18 years of age or older, and be subject to driving record and criminal
background checks by the Department. No tow truck operator with a record of
violations of the Vehicle Code which has resulted in the suspension or revocation
of their driver's license or a second driving under the Influence or reckless driving
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conviction within the three (3) years preceding the most recent violation shall be
allowed to provide service to CITY under this Agreement.
5.5 CONTRACTOR shall have an alcohol and drug program that includes at a
minimum, an alcohol and drug free workplace policy, and a tow truck operator
alcohol/drug-testing program that complies with the U.S. Department of
Transportation requirements to the extent allowed by law, including random
alcohol and drug testing. Any tow truck operator found working under the influence
of alcohol or drugs shall be immediately removed from operating a tow truck and
from providing any service pursuant to this Agreement. The alcohol and drug
program shall meet the following requirements:
5.5.1 A contract with a program administrator and authorized lab
certified by the U.S. Department of Transportation; and
5.5.2 Procedures and components substantially as in Part 40 of
Title 49 of the Code of Federal Regulations for pre-
employment; and
5.5.3 Procedures and components substantially as in Part 382 of
Title 49 of the Code of Federal Regulations for rehabilitation,
return -to -duty and follow up testing; and
5.5.4 Procedures and components for random testing following
U.S. Department of Transportation guidelines, and additional
tests as required following accidents, rehabilitation, return -to -
service, and other circumstances providing reasonable
suspicion to test; and
5.5.5 Monthly reports of the random testing component shall be
filed with the Department by the program administrator no
later than the 10th day following the end of the previous
monthly reporting period; and
5.5.6 The CONTRACTOR and program administrator's alcohol and
drug program records shall be made available to the
Department upon request; and
5.5.7 Drivers must show a valid California driver's license at the
time and place of testing; and
5.5.8 All test results are kept confidential except that the
Department is authorized to receive copies for its
administrative purposes, and except as otherwise authorized
or required by law.
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5.6 CONTRACTOR shall participate in the California Department of Motor Vehicles
(DMV) Employer Pull Notice Program.
5.7 CONTRACTOR shall not employ in the performance of services pursuant to this
Agreement any tow truck operator convicted of or having pled nolo contendere to
a crime involving a stolen vehicle, stolen property, violence, drugs or moral
turpitude, fraud related to the towing business, or misdemeanor or felony driving
while under the influence of alcohol or drugs, or the crimes listed in Vehicle Code
Section 13377. If any tow track operator is charged with any of the above listed
crimes, CONTRACTOR shall immediately suspend that operator from duties under
this Agreement pending the disposition of the criminal case.
5.8 CONTRACTOR tow truck operators shall maintain acceptable standards of dress,
including uniforms, and cleanliness while on duty in the community.
5.9 CONTRACTOR tow truck operators shall fully cooperate with and abide by the
instructions of the Department's officers.
5.10 If any tow truck operator becomes ineligible to provide operator services under this
Agreement, the CONTRACTOR shall immediately notify the Department in writing
of such ineligibility and the reason(s) therefor.
5.11 CONTRACTOR shall provide to the Police Department annually (within 10 days of
the anniversary of the Agreement) a list of its tow truck operators, including driver's
license numbers and a DMV printout for each tow truck operator. Any subsequent
employment of a new tow truck operator shall be reported in writing to the
Department immediately, including submittal of the above -referenced information.
5.12 CONTRACTOR shall provide to the Police Department the name of any tow truck
operator no longer employed by CONTRACTOR. This notification shall be given
to the Traffic Department no later than ten (10) business days following the last
date of such operator's employment by CONTRACTOR.
6.0 TOWING SERVICE DUTIES
After being requested to the scene by the Department, CONTRACTOR tow truck
operators shall comply with the following:
6.1 Not move nor attach a tow truck to any vehicle until instructed to do so by the
investigating officer of the Department.
6.2 Cooperate with the investigating officer of the Department in removing unsafely
and/or illegally parked vehicles from the street, and in the storing or impounding of
such vehicles as requested.
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6.3 On collision calls, clean-up and remove all debris from the accident scene,
including but not limited to, clean-up and removal of all hazardous
materials/vehicle fluids in the street with absorbent material, as directed by
Department officers and Section 27700 of the California Vehicle Code.
6.4 Provide the owner or driver of towed vehicles (when present at scene) with a
business card of CONTRACTOR indicating where vehicle will be stored or
impounded (including address and telephone number).
6.5 Vehicles brought to the Department or a designated facility from the scene for
processing and then towed to the tow yard will incur an additional second tow fee
equal to one-half of the regular tow fee. Storage fees will not start until the vehicle
is stored at the towing facility.
6.6 CONTRACTOR shall be responsible and held accountable for personal property,
vehicle accessories and the vehicle upon receipt of the vehicle from the
Department. CITY, its officers, agents or employees shall not be liable for loss of
or damage to any vehicle, accessory, equipment or personal property towed or
stored upon the tow truck operator acknowledging receipt for the vehicle by his/her
signature on the stored vehicle report form.
6.7 CONTRACTOR shall not dispose of or otherwise relinquish control of any vehicle
stored or impounded by the Department without a written approval from the
Department to do so. The written approval is required for any vehicle stored or
impounded by the Department and the tow truck operator signs a stored vehicle
report form and receives a copy of the stored vehicle report. The Department
stored automobile release form will be the normal form for release.
6.8 The release of property from a vehicle will be handled in the same manner as a
vehicle release. The person who authorizes the release of the property will make
the modification and will be specific as to description of the property to be released.
6.9 Vehicles shall be released during the business hours of 8:00 am to 5:00 pm,
Monday - Friday, "excluding holidays and weekends". There will be, however,
occasions arising that can require "after hours releases" of certain vehicles. When
the circumstances appear to justify an "after hour release" of a vehicle, approval
of the release must be secured from the on -duty Police Supervisor. Inoperable
vehicles will not be released after hours.
6.10 For purposes of clarity, vehicles towed or stored at the request of citizens, for which
no stored vehicle report is utilized, will not require a stored automobile release.
Citizens requesting the towing of vehicles under their control shall enter into an
agreement with the CONTRACTOR; the Department will act as a venue of
communication between the citizen and the CONTRACTOR.
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6.11 When a party obtains a Department stored vehicle release and presents it to the
CONTRACTOR, the vehicle and/or property shall be released to that person upon
verification of identity and the payment of the fees. The registered owner will be
required to pay for "property only" releases at the Department's records counter.
An After Hours Release Fee will be paid to the CONTRACTOR for "property only"
or vehicle releases after the normal business hours of the CONTRACTOR.
6.12 Once the tow service has received the Department stored automobile release, the
CONTRACTOR is no longer obligated to the Department for the continued safe
storage of the vehicle and/or property taken.
6.13 If after a "property only" release is obtained, the registered owner may return to
the records counter, produce the paid receipt for the "property only" release and
request a vehicle impound release paying the difference.
6.14 In the case of a vehicle stored or impounded by the Department that is of low value
and qualifies as a junk vehicle as described within California Vehicle Code
Sections 22670 or 22851.10, the CONTRACTOR may request D.M.V. Form 462,
Public Agency Authorization to dispose of a Vehicle to a Scrap Iron Processor or
Dismantler, in lieu of obtaining the stored automobile release to process a lien sale
for the vehicle. This form will suffice for final disposition of the vehicle and no other
release is necessary. Form 462 cannot be issued for (15) fifteen days from the day
the vehicle is first stored at the tow facility.
6.15 In addition to the storage yard, the tow service shall maintain a closed building
that affords storage of four (4) additional full size vehicles in accordance with
Section 14.0 below. This enclosure shall be of such size and construction to allow
for Forensic Services examination of the vehicles in a dry environment during
inclement weather. Access to this enclosed storage building shall be severely
limited by CONTRACTOR, as directed by the investigator assigned to the case for
which the vehicle has been impounded.
6.16 CONTRACTOR must advise the Department's Traffic Division in writing within ten
(10) business days, if a person picking up a vehicle complains to CONTRACTOR
of damage to the vehicle or any missing vehicle accessories or personal property
from the vehicle for which CONTRACTOR denies responsibility.
6.17 All CONTRACTOR's employees who have access to the storage yard or the
personal property which is taken out of any vehicle for storage or safe keeping
must provide a complete set of finger prints, complete an application and have
written authorization from the Chief of Police or his/her designee for such access.
6.18 Upon request of (a) the registered owner; (b) the legal owner; (c) the insurance
carrier of either (a) or (b); or (d) the duly authorized agent of any of the foregoing,
CONTRACTOR shall furnish an itemized statement of charges upon request and
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without demanding payment as a condition. The statement shall include the
service performed, labor and special equipment used in towing the vehicle.
6.19 A vehicle on a thirty -(30) day hold may be signed over to CONTRACTOR by the
legal owner prior to the expiration of the thirty (30) days. The legal owner must first
obtain a vehicle release from the Department. The CONTRACTOR after receiving
the vehicle release from the Department must apply for a lien release prior to
selling the vehicle.
6.20 CONTRACTOR shall notify the Department of any vehicles being impounded
within CITY pursuant to private party impound requests immediately prior to
commencement of the towing of such vehicles.
7.0 RESPONSE TIME
7.1 CONTRACTOR shall respond to the Department's requests for towing, impound,
and storage service within twenty (20) minutes from the time such request is
received. An immediate response will be required for all emergency calls.
Response time is the difference between the time the CONTRACTOR is contacted
by the Department and the time the tow truck arrives at the required location.
CONTRACTOR shall promptly notify the Department if this response time cannot
be met. Emergency conditions, as verified by local media or traffic enforcement
may be acceptable reasons for not meeting the response time requirement.
Equipment or personnel shortage, or lack of availability is not an acceptable reason
for failure to meet response times.
7.2 CONTRACTOR shall give priority to all of the Department's requests for service.
7.3 CONTRACTOR's dispatcher shall notify the Department when a tow vehicle
cannot respond immediately, give the reason for the delay, and an estimated time
of arrival. In the event of an additional delay, CONTRACTOR. dispatcher shall
again notify the Department and give the new estimated time of arrival. To ensure
a timely response, the Department, in its sole discretion, may cancel any call -for -
service because of a response delay and may request service from another tow
service. provider.
7.4 If the tow truck unit(s) has not arrived at the scene within twenty (20) minutes from
the time requested, the Department, based on the urgency of the field situation,
may request a different towing service to respond to the call, whether the different
tow service has a contract with CITY or not.
7.5 If CONTRACTOR's telephone or radio is not promptly answered, or if the line is
busy when called by the Department after two (2) attempts, the CONTRACTOR
being called will be bypassed and the Department may select another tow service.
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7.6 If, while rendering assistance in response to a Department call for towing, a second
Department call for towing is generated to the CONTRACTOR, the
CONTRACTOR tow truck operator shall, before responding to the second call,
ensure that all vehicles at the first site are sufficiently clear of the roadway so that
no obstruction to normal traffic exists. Once the second call is handled to
conclusion, the vehicles at the first site may be towed as necessary.
7.7 In the event CONTRACTOR is unable to respond to calls at the request of the
Department, it shall be understood that the Department has the right to call
another tow service on the rotation list. The original tow service will be placed on
the bottom of the rotation list. It is incumbent upon the tow service to advise the
Department dispatcher of any problems that may arise to adversely affect
response time.
7.8 The Department, in order to expedite service, can request any tow service out of
order on the rotation list. The tow service requested will not lose its place on the
rotation list.
8.0 EQUIPMENT STANDARDS
8.1 All towing equipment, recovery equipment, and carrier ratings are based on
structural factors only. Actual towing, carrying, and recovery capacity can be
limited by the capacity of the chassis and the optional equipment selected. The
criteria to determine the safe towing limits are:
8.1.1 The total weight of the truck, including the lifted load, must fall within the
Manufacturer's Gross Vehicle Weight Rating (GVWR) and not exceed either
the Front or Rear Axle Weight Ratings (FAWR, RAWR).
8.1.2 The truck must meet all applicable State and/or Federal standards.
8.1.3 A tow truck operator when towing a vehicle shall not exceed the GVWR
and the Axle Weight Rating (AWR) for the tow truck.
8.2 CONTRACTOR shall own or have leased to it at least three (3) tow trucks that will
be based at its approved storage facilities and will be available to perform official
towing services at all times during the term of this Agreement. At least one of
these tow trucks shall have a lifting capacity of eight (8) tons.
8.3 CONTRACTOR shall have at least two (2) rigs of one ton capacity with rear dual
wheels.
8.4 CONTRACTOR vehicles shall be equipped as tow trucks in compliance with the
provisions of the California Vehicle Code including, but not limited to, Sections 615,
24605, 25100, 27700 and 27907. Tow trucks shall be equipped with red flares,
lanterns or reflectors, hand tools, crow -bar, rope, broom, shovel, dustpan,
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absorbent material for clean-up of hazardous materials, fire extinguisher, portable
red tail lights and stop lights for towed vehicles, equipment for opening locked
vehicles, and safety chain.
8.5 All CONTRACTOR vehicles shall have available adequate equipment to handle
large trucks, trailers, tractors, and other heavy vehicle equipment. This includes a
set of dollies capable of supporting any passenger vehicle.
8.6 CONTRACTOR vehicles shall have a cable winch of sufficient size and capacity
to retrieve vehicles that have gone over embankments or off traveled portions of
roadways into remote areas or other difficult locations.
8.7 Motorcycles that are stored, impounded, or towed from a collision scene at the
request of the Department shall be hauled by a trailer that is designed to cant'
motorcycles, or by a flatbed truck.
8.8 Any equipment used and maintained by CONTRACTOR shall be available for
inspection by the Department upon request. CONTRACTOR vehicles shall be
subject to random inspection by the Department.
8.9 CONTRACTOR shall be equipped for, and have personnel proficient in, unlocking
locked vehicles. CONTRACTOR shall unlock locked vehicles when requested to
do so by the Department.
8.10 Throughout the term of this Agreement, CONTRACTOR shall maintain in a neat
and clean manner and in good working condition its storage facilities and
improvements thereon, and all vehicles, facilities, equipment, and materials used
by CONTRACTOR in the performance of the services required under this
Agreement. Any additions to or deletions from the CONTRACTOR tow truck fleet
shall be immediately reported, in writing, to the Department.
9.0 COMMUNICATIONS EQUIPMENT
9.1 CONTRACTOR, during the term of this Agreement shall maintain, and have
approved by CITY, a continuous means of communication between
CONTRACTOR's dispatcher and each CONTRACTOR tow vehicle.
CONTRACTOR shall also maintain and staff, on a 24 hour basis, a telephone to
receive calls from the Department and members of the public.
9.2 Use of Citizen's Band Class D radio equipment by CONTRACTOR is prohibited.
9.3 Telephone service maintained by CONTRACTOR shall be adequate to receive
police calls without delay. The telephone terminals shall be monitored at all times.
Recording machines or similar devices are not allowed. If a call from the
Department is not answered within six (6) rings or the line is busy after two
attempts, or placed on hold for more than a minute, the call will be terminated and
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CONTRACTOR will be placed on the bottom of the rotation list and the tow service
next in line will be called.
9.4 CONTRACTOR shall provide a list of telephone numbers to be called in order of
priority. Changes to contact list shall be provided immediately in writing to the
Chief of Police or his/her designee along with the effective date of the change(s)
10.0 HOURS
10.1 CONTRACTOR shall provide twenty-four (24) hour towing service, seven (7) days
a week, during the term of this Agreement.
10.2 CONTRACTOR shall ensure that there will be an employee on call twenty-four
(24) hours a day, seven (7) days a week and capable of being present or
available for releasing impounded or stored vehicles to the public in accordance
with Section 6.0 of this Agreement. CONTRACTOR's response time for such
releases shall be no longer than one (1) hour.
11.0 VEHICLE IDENTIFICATION
11.1 Each CONTRACTOR vehicle shall display identification signs, in compliance with
Section 27907 of the California Vehicle Code. CONTRACTOR shall not display
any signs or advertising that indicate the CONTRACTOR is an official towing
service or garage of CITY.
11.2 CONTRACTOR shall not, through their advertisements or otherwise, in any way
publicize any official or other business connection with CITY, nor shall
CONTRACTOR advertise any address or telephone number of CITY as a location
to call for vehicle towing and storage service.
12.0 STORAGE SERVICE RESPONSIBILITIES
12.1 CONTRACTOR shall be responsible for all vehicles, accessories, and equipment
thereon, and all personal property therein, stored by it. It shall be CONTRACTOR's
duty to protect such stored vehicles, accessories, equipment, and property against
all loss, damage by fire, theft, or other causes.
12.2 CONTRACTOR shall be responsible for the negligent acts and omissions of its
employees and for any property damage caused by CONTRACTOR or its
employees to any vehicle under their control.
13.0 STORAGE FACILITY STANDARDS
CONTRACTOR shall make adequate provisions for the security of vehicles and
property at its storage facilities, which shall at a minimum consist of all of the following:
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13.1 All vehicles shall be stored in a building, or in an area or areas enclosed by a
substantial wall or fence. The storage yard shall be enclosed with a concrete block
wall or chain-link type fence of a height of not less than six (6) feet. The top of the
fence shall be equipped with two (2) or more strands of barbed wire installed in
such a manner as to discourage access by climbing the fence. Concertina type
razor wire may be substituted for barbed wire, subject to Department approval and
local codes.
13.2 The bottom edge of the fence shall not rise more than two (2) inches above the
finished surface of the parking area of the storage yard. A secure locking system
shall be a part of the gate and it shall otherwise meet the same standards for
security as described for the fence.
13.3 All storage facilities shall be maintained in good working order and secured at all
times. Any damage affecting security of vehicles, lighting and/or evidence shall be
repaired within twenty-four (24) hours of the damage.
13.4 The minimum total capacity of the CONTRACTOR's storage facilities for storage
shall be spaces for 75 vehicles.
13.5 All storage facilities must be approved for security by the Chief of Police, or his/her
designee, and available for inspection by the Department at all times upon request
of the Chief of Police or his/her designee.
13.6 In the event of theft from the vehicles stored in the yard, the CONTRACTOR must
take additional measures satisfactory to the Department to protect the vehicles and
property in the vehicles.
13.7 Registered or legal owners requesting to inspect their vehicles shall be allowed to
do so without having to pay the storages fees first.
13.8 The CONTRACTOR shall not perform any work upon any vehicle without first
obtaining written permission from the owner of the vehicle. Notwithstanding the
foregoing, all work on impounded vehicles shall be handled pursuant to Section
14.0 below.
13.9 If the CONTRACTOR videotapes or otherwise records images of the storage
facility, such videotapes and photographs shall be maintained by the
CONTRACTOR for at least ninety (90) days.
14.0 IMPOUND VEHICLES - INSIDE STORAGE
14.1 Vehicles that have been impounded by order of the Department shall not be
released, lien sold, worked on, altered, or tampered with, without a written release
from the Department.
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14.2 CONTRACTOR shall maintain, without charge to the Department, separate, fully
enclosed, and secured garage storage facilities for a minimum of four (4) vehicles
ordered impounded by the Department.
14.3 The Department shall have sole access to such separate impound facilities when
vehicles are being held for evidence.
14.4 The Department shall designate when a vehicle is to be placed into inside impound
storage. Vehicles placed into this impound space shall not be removed from such
protection until approved and authorized in writing by the investigating officer of
the Department in accordance with Section 6.7.
15.0 RELEASE OF VEHICLES
15.1 The CONTRACTOR is responsible for the release of all vehicles stored by the
Department. CONTRACTOR is hereby granted authority to release to the
registered owner, legal owner, or authorized representative, all vehicles stored but
not impounded, by the Department. Authority to release impounded vehicles must
be obtained from the Department, which must be in writing on the Department's
approved impound release form.
15.2 After obtaining a release from the Department, registered or legal owners or an
agent of the owner requesting to inspect their vehicles or remove property from
their vehicles shall be allowed to do so without having to pay the storage fees first.
Such inspections and property removals shall be available only during the
CONTRACTOR's regular business hours.
16.0 RECORD KEEPING & REPORTING
16.1 CONTRACTOR shall log, maintain, and complete accurate business records of
the tow service including: a description of the vehicle, nature of service, time,
location, tow truck operator handling the call and an itemized total charge. These
records shall be available for inspection by the Department, with or without
cause, with 24 hours notice, during normal business hours. These records shall
be kept for a minimum period of three (3) years.
16.2 Record systems must provide for immediate access, upon inquiry by the Chief of
Police or his/her designee, to the following information:
16.2.1 Locate vehicle from the Department's report number.
16.2.2 Locate vehicle from license number only.
16.2.3 Locate vehicle from make, color, date and location of impound.
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16.2.4 Date of filing of all lien sale documents with DMV.
16.3 CONTRACTOR shall submit a report, by the 10th day of each month, to the
Department, which shall include all of the following information for the preceding
month:
16.3.1 Total CITY impounds and storages.
16.3.2 Number of times dispatched by the Department.
16.3.3 Number of calls for service resulting in impounds.
16.3.4 Number of calls for services that resulted in having to spend more
than one hour on the call
17.0 LIENS AND DISPOSALS
17.1 CONTRACTOR shall provide the Department with a list of unclaimed vehicles
thirty (30) days before they are scheduled to be disposed of or sold. On or before
the 10th of each month, CONTRACTOR shall furnish to the Department a list of
all vehicles that have been sold at lien sales during the previous month, and date
of the action. The list shall include the vehicle owner's name, address, vehicle
make, year and model, license number, VIN number, and Department record
number. Copies of all lien sale documents shall be resubmitted with such list. The
documents shall be dated and include all charges imposed on each sale.
17.2 CONTRACTOR shall comply with all State law requirements for the disposal of
unclaimed vehicles.
18.0 PERFORMANCE
18.1 CONTRACTOR shall perform the services required under this Agreement in an
ethical, professional, and orderly manner and shall endeavor to obtain and keep
the confidence of the motoring public.
18.2 CONTRACTOR's performance of all terms and conditions set forth herein shall be
monitored and verified by the Department's Traffic Division.
18.3 At its sole expense, CONTRACTOR shall obtain a CITY Business License, all
permits, and licenses as may be required by this Agreement or otherwise to
perform the work. CONTRACTOR shall maintain in effect throughout the term of
this Agreement all licenses and permits required to perform the services required
by this Agreement.
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19.0 INSPECTION
19.1 All real property and improvements thereon, and all facilities, equipment, and
materials used by CONTRACTOR in the performance of this Agreement shall,
upon request by the Department, be open to immediate inspection by the Chief of
Police or his/her designee.
20.0 MOTORISTS ASSISTANCE
20.1 Whenever a motorist requests tow assistance from the Department and does not
specify a particular tow company or membership agency, the service shall be, in
the sole discretion of the Department, assigned to either CONTRACTOR or
another tow service awarded a contract for tow service by CITY, in accordance
with the Department's adopted call -for -service system. All charges arising out of
such assistance assigned to the CONTRACTOR shall be the exclusive
responsibility of CONTRACTOR and the requesting motorist. The Department
shall not be liable for any charges whatsoever arising out of a motorist assistance
call. CONTRACTOR shall not charge such motorist more than the rates specified
in this Agreement.
21.0 RISK
21.1 CONTRACTOR assumes all risk in the event of damage, theft, fire, or otherwise,
of the vehicles or any other property towed, impounded, or stored by
CONTRACTOR, its employees or agents.
21.2 Notwithstanding any other term or condition herein, in responding to a call from the
Department, CONTRACTOR shall have no claim whatsoever against CITY or any
right to recover from City for the cost of any of the services it renders in the
performance of this Agreement. CONTRACTOR shall look solely and exclusively
to the owner of the vehicle towed, impounded, or stored for payment of the services
provided by the CONTRACTOR.
21.3 CONTRACTOR shall assume the entire risk of nonpayment of any service charges
incurred pursuant to this Agreement.
21.4 In the event a vehicle has been stored or impounded by the Department due to
error or negligence, no charges or fees shall be paid and the vehicle shall be
released to the owner or the owners agent. CITY shall not be liable for any such
charges or fees. If the error is not discovered for a period of five (5) business days
after the vehicle is stored and CONTRACTOR has initiated lien sale process, as
required by C.V.0 22851.8, CONTRACTOR shall be entitled to recover actual
costs incurred to initiate the lien.
22.0 INSOLVENCY
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22.1 CONTRACTOR shall not, without the prior written consent of the Chief of Police,
allow either the appointment of a receiver to take possession of all or substantially
all of the assets of CONTRACTOR or make a general assignment of such assets
for the benefit of creditors. Any such action taken or allowed by CONTRACTOR
under any insolvency or bankruptcy proceeding constitutes a breach of contract by
CONTRACTOR and all property assigned by CITY for safe care shall be "released"
to another assigned service provider, as specified by the Chief of Police or his/her
designee, with a reimbursement for towing, storage, and related fees home by the
service provider assuming the new responsibility.
23.0 SUCCESSORS AND ASSIGNS
23.1 Each of the terms and conditions of this Agreement shall inure to the benefit of and
shall bind, as the case may be, not only the parties hereto, but each and every one
of the heirs, executors, administrators, successors, assignees, and legal
representatives of the parties.
23.2 CONTRACTOR shall not assign its rights or delegate or otherwise transfer its
obligations under this Agreement to any other person or entity without the prior
written consent of CITY. Any such assignment without the prior consent of CITY
shall be void and the attempted assignment shall constitute a material breach of
this Agreement.
23.3 If CONTRACTOR is permitted to subcontract any part of this Agreement,
CONTRACTOR shall be responsible to CITY for the acts and omissions of its
subcontractor as it is for persons directly employed. Nothing contained in this
Agreement shall create any contractual relationship between any subcontractor
and CITY. All persons engaged in the work will be considered employees of
CONTRACTOR. CITY will deal directly with and will make all payments to
CONTRACTOR.
24.0 INDEMNITY
24.1 CONTRACTOR shall protect, defend, indemnify, and hold harmless CITY, its
Council Members, officers, employees and agents, against, without limitation, any
and all claims, demands, debts, obligations, liabilities, judgments, actions,
penalties, fines, costs, expenses and attomeys' fees of every kind and description
arising out of or connected in any way with CONTRACTOR's performance under
this Agreement, including but not limited to: (1) any claim or action relating to the
preparation of vehicles for towing; (2) any claim or action relating to the towing of
vehicles; (3) any claim or action relating to the storage, impound, and maintenance
activities; (4) any claim or action relating to the sale or disposal of vehicles pursuant
to this Agreement; and (5) workers' compensation.
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24.2 This hold harmless agreement shall apply to all liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon
the amount of indemnification to be provided by CONTRACTOR.
25.0 INSURANCE
CONTRACTOR, at its sole cost and expense, shall purchase and maintain
throughout the term of this Agreement the following insurance policy:
25.1 CONTRACTOR shall maintain in full force and effect, during the term of this
Agreement, policies of comprehensive general liability (including property damage
and bodily injury) and automobile liability insurance with limits of at least
$1,000,000.00 combined single limit coverage per occurrence. CITY, its officers,
employees, and agents shall be named as additional insureds.
25.2 CONTRACTOR shall cant' and pay for workers' compensation insurance as is
required to fully protect CONTRACTOR and its employees under California
Workers' Compensation Insurance Law.
25.3 All insurance required pursuant to this section shall: be issued by a company
authorized by the Insurance Department of the State of California and rated A-,
Class VII or better by the latest edition of Best's Key Rating Guide, except that
CITY will accept workers' compensation insurance rated B, VII or better or from
the State Compensation Fund. The workers' compensation insurance company
shall agree to waive all rights of subrogation against CITY for losses paid under
the terms of the policy, which arose from the work performed by the named
insured.
25.4 Upon execution of this Agreement, CONTRACTOR shall provide to CITY
certificates of insurance and endorsements evidencing the policies fulfilling the
requirements of this Section. If self-insured for workers' compensation,
CONTRACTOR shall submit to CITY a copy of its certification of self-insurance
issued by the Department of Industrial Relations. Each insurance policy shall
provide that it shall not be cancelled or modified except after thirty (30) days written
prior notice to CITY.
25.5 The insurance policies specified in this Section, except for the workers'
compensation policies, shall name CITY and its officers, Council Members, agents,
and employees as additional insureds by endorsement to the policies. Such
policies shall be primary, and any other policies maintained by or providing
protection for CITY shall be excess or secondary but noncontributing.
25.6 If CONTRACTOR does not keep all of such insurance policies in full force and
effect at all times during the term of this Agreement, CITY may elect to treat the
failure to maintain the requisite insurance as a breach of this Agreement and
terminate the Agreement as provided herein.
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25.7 If CITY reasonably determines that the amounts of insurance held by the
CONTRACTOR pursuant to this Agreement are no longer sufficient, or that
additional types of coverage are needed, CONTRACTOR shall modify the existing
coverage or obtain additional policies, as CITY shall reasonably determine. All
new policies shall be on the terms and conditions contained herein.
25.8 The CONTRACTOR shall annually within ten (10) days of the anniversary of the
effective date of this Agreement, and at any other time requested by the City,
provide to the CITY evidence that all insurance required pursuant to this
Agreement continues to be in full force and effect.
26.0 INTEGRATION
26.1 This Agreement fully expresses all understandings between the parties with
respect to the subject matter of this Agreement and supersedes all prior or
contemporaneous oral or written understandings or agreement regarding the
matters covered by this Agreement.
27.0 AMENDMENT
27.1 No modification, amendment, addition to, deletion, or alteration of the terms of this
Agreement, whether written or oral, shall be valid unless made in writing and
formally approved and executed by all parties.
28.0 NO WAIVER
28.1 No delay or omission in the exercise of any right or remedy available hereunder
shall impair such right or remedy or be construed as a waiver. Any waiver of any
default or condition hereunder must be in writing and shall not be construed as a
waiver of any other default concerning the same or any other provision of this
Agreement.
28.2 The waiver by CITY of any breach by CONTRACTOR of any of the provisions of
this Agreement shall not constitute a continuing waiver or a waiver of any
subsequent breach or default by CONTRACTOR either of the same or a different
provision of this Agreement.
29.0 THIRD PARTY BENEFICIARIES
29.1 The terms of this Agreement are intended to confer benefits only on the parties to
this Agreement. No rights of action shall accrue to any other persons or entities
under this Agreement.
30.0 INDEPENDENT CONTRACTOR
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30.1 Both parties hereto in the performance of this Agreement shall be acting in an
independent capacity and not as agents, employees, partners or joint ventures
with one another. CONTRACTOR and its employees are not employees of CITY
and are not entitled to any of the rights, benefits, or privileges of CITY's employees
including, but not limited to, medical, unemployment, or workers' compensation
insurance.
31.0 CONTROL
31.1 Neither CITY or its officers, Council Members, agents, or employees shall have
any control over the conduct of CONTRACTOR employees except as set forth
herein. CONTRACTOR agrees not to represent that it or its agents, servants, or
employees are in any manner agents, servants, or employees of CITY, it being
understood CONTRACTOR, its agents, servants, and employees are as to CITY
wholly independent contractors and that CONTRACTOR's obligations to CITY are
solely those prescribed by this Agreement. CITY and CONTRACTOR further
acknowledge and agree that CITY shall have no responsibility for salary, health
benefits, retirement benefits, taxes, or any other benefits that may be due to
CONTRACTOR's employees.
32.0 WORKERS' COMPENSATION
32.1 CONTRACTOR shall comply with all of the provisions of the Workers'
Compensation Insurance and Safety Acts of the State of California, the applicable
provisions of Division 4 and 5 of the California Government Code and all
amendments thereto; and all similar state and federal acts or laws applicable; and
shall indemnify, defend, and hold harmless CITY and its officers, employees, and
agents from and against all claims, demands, payments, suits, actions,
proceedings, and judgments of every nature and description, including attorneys'
fees and costs incurred by CITY or presented, brought, or recovered against CITY,
its officers, employees, and agents, for or on account of any liability under any of
said acts which may be incurred by reason of any work to be performed by
CONTRACTOR under this Agreement.
33.0 EXECUTION OF AGREEMENT
33.1 The persons executing this Agreement hereby represent and warrant that the
execution of this Agreement and the performance of the terms and conditions of
this Agreement have been authorized by all requisite corporation, Federal, State,
municipal, or other entity requirements and that the undersigned have the right,
power, legal capacity and authority to execute and enter into this Agreement.
34.0 DRY RUNS
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34.1 CITY shall not be liable to pay CONTRACTOR any charge whatsoever or fee for
a call that does not result in a chargeable service being rendered by
CONTRACTOR (i.e., a "dry run").
35.0 CITY VEHICLE TOWING
35.1 CONTRACTOR shall provide, without cost to the CITY, towing of CITY vehicles as
requested by CITY.
36.0 RESPONSIBILITY
36.1 It shall be the responsibility of CONTRACTOR to provide equipment and to
perform the duties expressed in this Agreement. CONTRACTOR is hereby granted
authority to utilize additional resources whenever deemed necessary to perform
its tow service duties. This may include, but is not limited to, personnel and/or
equipment of another tow operator. This, however, shall not relieve
CONTRACTOR of its duties and responsibilities and any additional cost incurred
shall not be charged to CITY.
37.0 EXCLUSION—ABANDONED VEHICLES
37.1 Vehicles, or parts thereof, which are disposed of through Abandoned Vehicle
Abatement Program by delivery to an authorized automobile dismantler, pursuant
to Section 22660 of the California Vehicle Code are excluded from this Agreement.
No charge shall be assessed against the CITY or the owner of any vehicle that is
towed, stored, or dismantled under the provisions of the Abandoned Vehicle
Abatement Program.
38.0 BREACH OF CONTRACT
It shall be grounds for termination of this Agreement, if CONTRACTOR, or any of
its agents or employees or any person(s) connected or associated with the
CONTRACTOR as an operator, director, officer, stockholder, general manager, or person
who is exercising managerial authority of or on behalf of the CONTRACTOR has
committed any one of the following acts:
38.1 Has been convicted of a felony or any crime involving theft, embezzlement, stolen
property, fraud or crimes of violence within the last ten (10) years or is so convicted
during the term of the Agreement.
38.2 Has published, uttered or disseminated any false, deceptive or misleading
statements or advertisement in connection with the operation of the towing service.
38.3 Has conducted the towing service in a manner contrary to the peace, health,
safety, and general welfare of the public.
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38.4 Has violated or permitted other persons to violate, through an act of omission or
commission by the CONTRACTOR, any felony or misdemeanor crime involving
sexual offenses or moral turpitude, or a felony involving sale or use of a controlled
substance, or any act of dishonesty, fraud, within the last ten (10) years.
38.5 Had an inspection or investigation by the City Building Division, Police Department,
or Fire Department, which revealed a deficiency, violation, or conduct that
endangers the peace, health, safety and general welfare of the public.
38.6 Employs tow truck operators under 18 years of age.
38.7 Fails to notify the Department's Traffic Division in writing of any names, addresses,
driver's license number of any newly employed tow truck operator within ten (10)
business days of their hire date, or fails to notify the Department's Traffic Division
within ten (10) business days of any tow truck operator who is no longer employed
by CONTRACTOR.
38.8 Has charged fees in excess of the rates approved by the Department or in excess
of any Federal, State, County or City laws or regulations for towing and/or storage
of vehicles or any service incidental to towing.
38.9 Has allowed the services of a tow truck operator with a record of violations of the
Vehicle Code which has resulted in the suspension or revocation of their driver's
license or a second (2nd) driving under the Influence or reckless driving conviction
within the three (3) years preceding the most recent violation, to remain in
CONTRACTOR's employment as a tow truck operator providing service to CITY.
38.10 Fails to comply with any California Vehicle Code, Federal, State, or County
regulations and laws relating to towing and/or storing of vehicles, including the
impounding and storing of vehicles from private property.
38.11 Fails to maintain control of any personal property, vehicle accessories and
vehicles, which have been towed.
38.12 Fails to reimburse the legal or registered owner for damage or loss that occurs
while the vehicle was in the CONTRACTOR's custody.
38.13 Having allowed an unauthorized person access to the storage yard or facilities.
38.14 Any other grounds as outlined in this Agreement, or failing to comply with any
provision of this Agreement.
38.15 Has knowingly made false, misleading or fraudulent statements of a material fact
in a report or record required to be filed with the Department.
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38.16 Has stopped and solicited on any street, highway or other public thoroughfare the
rendering of assistance to a person or disabled vehicle without first being
requested to do so, except to render emergency aid when there exists an imminent
peril to life or property.
38.17 Has charged for services not performed, equipment not employed or used, service
or equipment not needed, or has otherwise materially misstated the nature of any
service performed or equipment used.
38.18 Has been suspended from another police department tow list, within five (5) years
of applying to provide tow services to the CITY, or during the term of the
CONTRACTOR's agreement with CITY.
38.19 Obtaining a tow contract from the CITY by use of fraud, trick, dishonesty, or
forgery.
38.20 Towing a vehicle to a location other than approved by the Department as an
authorized storage facility without first receiving prior authorization to do so by the
Department.
38.21 After towing a vehicle to the CONTRACTOR's storage facilities, towing the vehicle
to another location for storage or impound without authorization from the
Department.
38.22 Defrauding or conspiring to defraud any owner of any vehicle, any insurance
company, or any other person financially interested in the towing, storage, or
impound of any vehicle.
38.23 Moving, tampering with, or removing a vehicle involved in a traffic collision prior to
the arrival of law enforcement officers at the scene.
38.24 The Department receives four (4) or more complaints against the CONTRACTOR
during any twelve (12) month period that the Department, in its reasonable
discretion, determines to be justified, regarding the service, or lack thereof,
provided by the CONTRACTOR.
38.25 Repeated or flagrant violations of the provisions of the California Vehicle Code.
38.26 Demonstrating a pattern or practice of failing to answer calls -for -service, respond
promptly to calls, and/or to maintain clean, orderly, and secured storage facilities.
38.27 Allowing the insurance coverage required herein to be withdrawn, lapse or
otherwise to no longer being in force for any reason.
38.28 Dissolution of business or bankruptcy.
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38.29 Assignment of the Agreement, or any right or interest stated herein, without the
prior written consent of Chief of Police of his/her designee.
39.0 ACTS OR OMISSIONS OF REPRESENTATIVES
39.1 It is understood and agreed by the parties that the acts and/or omissions of the
owner(s), officers, operators, officials, employees, agents, and representatives of
CONTRACTOR in the performance of the services and obligations under this
Agreement shall constitute the acts and/or omissions of CONTRACTOR and not
the City.
40.0 CHARGES
40.1 CONTRACTOR shall charge rates for all service, including an after hour's release
fee, as established herein. The rates for citizen assist calls for services such as
service calls or disabled vehicle tows will be established by the Police Department
as commercial rates for CONTRACTOR. The Chief of Police or his/her designee
prior to the increase will authorize any and all rate increases.
40.2 All rates and charges shall be conspicuously posted in the CONTRACTOR's office
and in all tow vehicles, and shall be available for review by the Department and/or
persons for whom tow service is provided. All customer bills shall be itemized.
40.3 Routine clean up is included in the basic tow charge. However, when clean up is
determined to be excessive (by mutual agreement of the CONTRACTOR and the
CITY), the rate shall be the labor rate referenced in CONTRACTOR'S proposal
(quoted for "labor").
40.4 The CONTRACTOR, as prescribed within California Vehicle Code Section
22651.1, shall accept a valid bankcard, credit card or cash for payment of towing
and storage by the registered owner, legal owner, or agent of the owner claiming
the vehicle.
40.5 Following the completion of the initial three (3) year contract period, the Chief of
Police or his/her designee, may reevaluate the charges and rates set to ensure
that the current rates and charges are reasonable.
40.6 A "Request Release for lien Sale -Form 439" is required prior to the lien release of
any vehicle that has been stored or impounded by the Department. The use of this
system provides a way to monitor vehicles used or involved in major crimes that
may be evidence of the crime, and to prevent their release. An administrative fee
of $ per request release for lien sale form has been established to defray the
costs of printing, filing, verifying if the vehicle is needed as evidence, and the
postage or delivery of the forms to the CONTRACTOR. The fee will begin upon
the inception of this Agreement. A check for the accumulative total of request
release for lien sale forms will accompany each package submitted.
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40.7 All charges for towing, impound, storage, and other services required to be
performed by CONTRACTOR under the terms and conditions of this Agreement
shall not exceed those charges approved by CITY, which are set forth in the
schedule of rates below:
Towing
Passenger cars, wagons, compact & mid-size SUVs $
P/U Trucks, SUVs & Vans
$
Commercial Trucks & Vans
$
Rigs, Buses & Motorhomes
$
Motorcycles
$
Storage/Impound (per day)
Passenger Vehicles (all) - Outside
$
Passenger Vehicles (all) - Inside
$
Motorcycle
$
Commercial Trucks or Motorhome - Outside
$
Commercial Trucks or Motorhome - Inside
$
Long Term Storage (per week)
$
Other Services
After -Hours Release
$
On -Site Release
$
Rollover/Winching
$
Dolly/Go-jacks
$
Driveshaft/Linkage
$
Service Call - Minimum
$
Hazardous Materials Clean -Up
$
Labor
$
40.8 In the event that unforeseen changes in the tow service industry seriously affect
CONTRACTOR's ability to continue to provide the towing, impound, and storage
services required under this Agreement, CONTRACTOR may petition the
Department for a re-evaluation of the agreed upon charges and rates set forth in
this Section. CONTRACTOR shall be required to provide such proof as necessary
to show that the continuance of the current rates and charges are so economically
harmful to CONTRACTOR so as to place CONTRACTOR in danger of having to
default on the Agreement. The parties may by written amendment adjust the terms
of this Agreement where circumstances beyond the control of either party require
modification or amendment.
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41.0 NOTICES
41.1 Any notices required or permitted under this Agreement shall be in writing and shall
be delivered personally or sent by U.S. Mail, first class postage prepaid, return
receipt, requested, addressed as follows:
CITY: City of Tustin
Attn: Chief of Police
300 Centennial Way
Tustin, CA 92780-3767
CONTRACTOR:
Attn:
42.0 CHANGE OF CIRCUMSTANCES
42.1 Each party shall promptly notify the other party of any legal impediment, change
of circumstances, pending litigation, or any other event or condition that may
adversely affect such party's ability to carry out any of its obligations under this
Agreement.
43.0 SEVERABILITY
43.1 If any term or condition of this Agreement, or the application thereof to any person
or circumstance, shall to any extent be held by a court of competent jurisdiction to
be invalid, void, or unenforceable, the remainder of this Agreement, or the
application thereof to any person or circumstance, shall remain in full force and
effect and shall in no way be affected, impaired, or invalidated thereby.
44.0 VENUE
44.1 This Agreement shall be governed and construed in accordance with the laws of
the State of California. In the event of any legal action to enforce or interpret this
Agreement, the sole and exclusive venue shall be a court of competent jurisdiction
located in Orange County, California.
45.0 EFFECTIVE DATE
45.1 The Effective Date of the Agreement shall be August 01, 2018 at 12:00 a.m.
[SIGNATURE PAGE FOLLOWS]
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SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the day and year first written above.
ATTEST:
Erica Rabe, City Clerk
APPROVED AS TO FORM:
an
David Kendig, City Attorney
CITY OF TUSTIN
TUSTIN POLICE DEPARTMENT
IN
Charles F. Celano, Chief of Police
CONTRACTOR
in
Title:
In
Title:
City of Tustin Contract —27~ Official Tow Service
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ATTACHMENT NO. 5
City of Tustin - Official Police Tow Contract Agreement
CITY OF TUSTIN
OFFICIAL POLICE TOW SERVICE AGREEMENT
2018
Contractor: :To►+sj' 5 '%vr t>J� Effective Date: DEC..
Table of Contents
RECITALS..................................................................................................................................... 1
1.0 SCOPE OF SERVICES...................................................................................................... 2
2.0 CONSIDERATION............................................................................................................ 2
3.0 TERM AND TERMINATION........................................................................................... 3
4.0 LOCATION........................................................................................................................ 3
5.0 PERSONNEL..................................................................................................................... 4
6.0 TOWING SERVICE DUTIES........................................................................................... 6
7.0 RESPONSE TIME.............................................................................................................. 9
8.0 EQUIPMENT STANDARDS.......................................................................................... 10
9.0 COMMUNICATIONS EQUIPMENT............................................................................. 11
10.0 HOURS............................................................................................................................. 12
11.0 VEHICLE IDENTIFICATION........................................................................................ 12
12.0 STORAGE SERVICE RESPONSIBILITIES.................................................................. 12
13.0 STORAGE FACILITY STANDARDS............................................................................ 12
14.0 IMPOUND VEHICLES - INSIDE STORAGE................................................................ 13
15.0 RELEASE OF VEHICLES............................................................................................... 14
16.0 RECORD KEEPING & REPORTING............................................................................. 14
17.0 LIENS AND DISPOSALS............................................................................................... 15
18.0 PERFORMANCE.............................................................................................................15
19.0 INSPECTION................................................................................................................... 16
20.0 MOTORISTS ASSISTANCE........................................................................................... 16
21.0 RISK................................................................................................................................. 16
22.0 INSOLVENCY................................................................................................................. 16
23.0 SUCCESSORS AND ASSIGNS...................................................................................... 17
24.0 INDEMNITY.................................................................................................................... 17
25.0 INSURANCE.................................................................................................................... 18
26.0 INTEGRATION............................................................................................................... 19
27.0 AMENDMENT.................................................................................................................19
28.0 NO WAIVER.................................................................................................................... 19
29.0 THIRD PARTY BENEFICIARIES.................................................................................. 19
30.0 INDEPENDENT CONTRACTOR................................................................................... 19
31.0 CONTROL........................................................................................................................20
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32.0 WORKERS' COMPENSATION..................................................................................... 20
33.0 EXECUTION OF AGREEMENT.................................................................................... 20
34.0 DRY RUNS...................................................................................................................... 20
35.0 CITY VEHICLE TOWING.............................................................................................. 21
36.0 RESPONSIBILITY...........................................................................................................21
37.0 EXCLUSION --ABANDONED VEHICLES.................................................................. 21
38.0 BREACH OF CONTRACT.............................................................................................. 21
39.0 ACTS OR OMISSIONS OF REPRESENTATIVES....................................................... 24
40.0 CHARGES........................................................................................................................24
41.0 NOTICES..........................................................................................................................26
42.0 CHANGE OF CIRCUMSTANCES................................................................................. 26
43,.0 SEVERABILITY..............................................................................................................26
44.0 VENUE ............. I............................................................................................................... 26
45.0 EFFECTIVE DATE.......................................................................................................... 26
SIGNATUREPAGE.................................................................................................................... 27
I'
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City of Tustin — Official Police Tow Contract Agreement
CITY OF TUSTIN
OFFICIAL POLICE TOW SERVICE AGREEMENT
THIS OFFICIAL POLICE TOW SERVICE AGREEMENT (the "Agreement") is
made and entered into this day of , 2018 by and between the
i PITY OF TUSTIN, a California municipal corporation (hereinafter referred to as "CITY"),
j d (hereinafter referred to as "CONTRACTOR").
Any reference in this Agreement to the "Department" shall be deemed to refer to the
Tustin Police Department.
RECITALS
A. CITY's Police Department requires the aid and assistance of towing
services on a regular basis in the performance of its emergency response and traffic
control duties, including response to and investigation of vehicular accidents.
B. As a means for providing the necessary towing service, CITY has approved
the use of certain towing service companies who have agreed to contract with CITY to
provide the requisite towing service pursuant to the requirements and performance
criteria established by the Department, as set forth in the terms and conditions contained
herein and in the City of Tustin Request for Proposals (RFP) for the Official Police Tow
Service 2018. The RFP and the proposal submitted by the CONTRACTOR pursuant to
the RFP (the "Contract Documents") are hereby incorporated and made part of this
Agreement as though fully set forth herein. Should any inconsistency occur or exist in
these Contract Documents, the provisions of this Agreement, then the provisions of
Request for Proposal, then the Proposal shall control, in that order.
C. CONTRACTOR is a towing company selected by the Department to be
used on-call and on a rotational basis for any police emergency or response situation
where the use of a tow truck is required.
D. CONTRACTOR owns or leases tow trucks and employs personnel that are
capable of providing the desired vehicle towing and storage services to CITY pursuant to
the Contract Documents.
E. CITY desires to retain and designate CONTRACTOR and CONTRACTOR
desires to accept and be retained by CITY, as an independent contractor, for purposes
of providing police towing and vehicle impound and storage services for CITY, pursuant
to the terms and conditions set forth in this Agreement and the Contract Documents.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are
incorporated herein by reference, and the mutual promises, covenants, and conditions
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City of Tustin — Official Police Tow Contract Agreement
contained herein, the parties agree as follows. To ensure the efficient performance of
police towing services for the Department, CONTRACTOR hereby agrees to the following
service provider requirements, specifications, performance criteria, and terms and
conditions:
1.0 SCOPE OF SERVICES
1.1 CONTRACTOR shall perform vehicle towing, impound, and storage services as
directed by the Department and in addition such other services as provided in this
Agreement, and shall provide necessary storage facilities, tow services, labor,
materials, equipment, machinery and tools.
1.2 CONTRACTOR shall comply with all State laws that regulate tow units and the
impound, towing, storage, selling or junking of vehicles. Specific services include,
but are not limited to, towing of improperly parked vehicles, vehicles that obstruct
or impede the flow of traffic or emergency lanes, walkways, and handicapped
parking spaces, police impounds, seizure of evidence, and motor vehicle
accidents.
1.3 CONTRACTOR is hereby designated as an authorized tow service provider for
CITY by the Chief of Police. All trucks and equipment used by CONTRACTOR in
the performance of this Agreement shall be owned by or leased to CONTRACTOR
and shall be subject to all provisions herein.
1.4 The CONTRACTOR acknowledges and agrees that this Agreement to provide tow
services as set forth herein is non-exclusive. City intends to concurrently contract
with other tow service providers. City shall utilize the services of each tow service
providers as City, in its sole discretion, deems appropriate.
2.0 CONSIDERATION
In consideration of CONTRACTOR's agreement to perform the services provided
for herein, CITY agrees that throughout the term of this Agreement, CONTRACTOR shall
have:
2.1 The right to tow, impound, and store vehicles at the direction of the Department
within and outside the jurisdictional boundaries of CITY, subject to the
Department's call -for -service system, as it may be amended from time to time, at
the Department's sole discretion.
2.2 The right to charge vehicle owners the amounts not to exceed those charges
approved by the City according to Section 40 below.
2.3 Notwithstanding the provisions of this Agreement pertaining to CONTRACTOR's
services and Consideration, nothing contained herein shall deprive the owner or
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operator of a vehicle from requesting and receiving towing services from a person
or entity other than CONTRACTOR.
2.4 Provided, further, that when, in the opinion of the Department, an emergency exists
or where CONTRACTOR is either unable or unwilling for any reason to provide
adequate or timely tow service, then the Department shall have the right to call
other qualified tow services, which may or may not be under contract with CITY.
Under such circumstances, the decision to call another tow service, either under
contract or not, shall be at the exclusive discretion of the Department.
3.0 TERM AND TERMINATION
3.1 This Agreement shall remain in effect for three (3) years from the Effective Date, as
defined in Section 45 below. This Agreement may reviewed at the conclusion of
the initial three (3) year period and may be extended, at the sole discretion of CITY,
for up to two (2) additional two-year periods.
3.2 This Agreement may be cancelled by CITY at any time during the three (3) year
term, or the subsequent two-year terms if extended. In the event of termination for
cause by CITY, CONTRACTOR shall be compensated for those services that have
been fully and adequately completed and accepted by the Department as of the
date of termination. Termination of this Agreement for cause may be considered
by CITY in determining whether to enter into future contracts with CONTRACTOR.
3.3 This Agreement may also be cancelled without cause upon ninety (90) days written
notice provided by either party. In the event that CITY should abandon, terminate,
or suspend CONTRACTOR's work, CONTRACTOR shall be entitled to payment
for services fully and adequately provided hereunder prior to the effective date of
the suspension, termination, or abandonment. CONTRACTOR shall provide
documentation deemed adequate by the Department to show the services actually
completed by CONTRACTOR prior to the effective date of termination.
3.4 In the event this Agreement is terminated, in whole or in part, as provided by this
Section, CITY may procure, upon such terms and in such manner as it deems
appropriate, services similar to those terminated.
3.5 The rights and remedies of the parties provided in this section are in addition to
any other rights and remedies provided by law or under this Agreement.
4.0 LOCATION
4.1 CONTRACTOR shall maintain a physical location with a yard for vehicle storage,
along with an office for payment of fees and vehicle releases, which location shall
be within five (5) miles of the CITY limits, and from which the business shall be
conducted. Such physical location shall be subject to approval by the Chief of
Police or his/her designee. CONTRACTOR may establish and maintain an
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additional location within or outside the CITY as a yard for vehicle storage, subject
to the approval by the Chief of Police or his/her designee. Except as otherwise
directed by the Department, each vehicle towed pursuant to this Scope of Work
shall be stored at CONTRACTOR's facility, which facility is located within five (5)
miles of the CITY limits.
4.2 All vehicles stored or impounded at the direction of the Department shall be towed
directly to the CONTRACTOR's impound and storage facilities, unless the
Department requests that they be taken to some other location. If the vehicle is
towed pursuant to a citizen request, then at the request of the citizen the vehicle
can be stored at any business location of the CONTRACTOR, which has been
approved, by the Chief of Police, or his/her designee.
4.3 Any proposed change in the CONTRACTOR's facility locations shall be reported,
in writing, to the Department at least sixty (60) days prior to making such change.
CONTRACTOR shall obtain the approval of the Chief of Police or his/her designee
for any change of location.
5.0 PERSONNEL
5.1 No person employed as a tow truck operator for the CONTRACTOR shall have
access to any Department stored or towed vehicle until such time as that person
has received written approval from the Chief of Police or his/her designee.
5.2 Tow truck operators shall be proficient in the use of the tow truck they are driving
and related equipment, including, but not limited to the procedure necessary for
the safe towing and recovery of various types of vehicles. It is the responsibility of
the CONTRACTOR to ensure its operators are trained, qualified and competent
employees of the business. The operators shall complete training and have
received a certificate of completion through a recognized tow industry association
or company specialized in the training of tow operators. The training shall be hands
on and a minimum of 16 hours for light duty class tow trucks and 24 hours for
heavy duty class tow trucks. A copy of the certificate of completion for each tow
truck operator providing services pursuant to this Agreement shall be provided by
CONTRACTOR to the Department prior to commencement of each operator's
employment.
5.3 All CONTRACTOR tow truck operators shall possess valid California Tow Truck
Driver Certification and Driver's Licenses in the proper class pursuant to Vehicle
Code Sections 13378 and 12804.9(b).
5.4 All CONTRACTOR tow truck operators shall be required to have a safe driving
record, be 18 years of age or older, and be subject to driving record and criminal
background checks by the Department. No tow truck operator with a record of
violations of the Vehicle Code which has resulted in the suspension or revocation
of their driver's license or a second driving under the Influence or reckless driving
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conviction within the three (3) years preceding the most recent violation shall be
allowed to provide service to CITY under this Agreement. .
5.5 CONTRACTOR shall have an alcohol and drug program that includes at a
minimum, an alcohol and drug free workplace policy, and a tow truck operator
alcohol/drug-testing program that complies with the U.S. Department of
Transportation requirements to the extent allowed by law, including random
alcohol and drug testing. Any tow truck operator found working under the influence
of alcohol or drugs shall be immediately removed from operating a tow truck and
from providing any service pursuant to this Agreement. The alcohol and drug
program shall meet the following requirements:
5.5.1 A contract with a program administrator and authorized lab
certified by the U.S. Department of Transportation; and
5.5.2 Procedures and components substantially as in Part 40 of
Title 49 of the Code of Federal Regulations for pre-
employment; and
5.5.3 Procedures and components substantially as in Part 382 of
Title 49 of the Code of Federal Regulations for rehabilitation,
retum-to-duty and follow up testing; and
5.5.4 Procedures and components for random testing following
U.S. Department of Transportation guidelines, and additional
tests as required following accidents, rehabilitation, return -to -
service, and other circumstances providing reasonable
suspicion to test; and
5.5.5 Monthly reports of the random testing component shall be
filed with the Department by the program administrator no
later than the 10th day following the end of the previous
monthly reporting period; and
5.5.6 The CONTRACTOR and program administrator's alcohol and
drug program records shall be made available to the
Department upon request; and
5.5.7 Drivers must show a valid California driver's license at the
time and place of testing; and
5.5.8 All test results are kept confidential except that the
Department is authorized to receive copies for its
administrative purposes, and except as otherwise authorized
or required by law.
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5.6 CONTRACTOR shall participate in the California Department of Motor Vehicles
(DMV) Employer Pull Notice Program.
5.7 CONTRACTOR shall not employ in the performance of services pursuant to this
Agreement any tow truck operator convicted of or having pled nolo contendere to
a crime involving a stolen vehicle, stolen property, violence, drugs or moral
turpitude, fraud related to the towing business, or misdemeanor or felony driving
while under the influence of alcohol or drugs, or the crimes listed in Vehicle Code
Section 13377. If any tow truck operator is charged with any of the above listed
crimes, CONTRACTOR shall immediately suspend that operator from duties under
this Agreement pending the disposition of the criminal case.
5.8 CONTRACTOR tow truck operators shall maintain acceptable standards of dress,
including uniforms, and cleanliness while on duty in the community.
5.9 CONTRACTOR tow truck operators shall fully cooperate with and abide by the
instructions of the Department's officers.
5.10 If any tow truck operator becomes ineligible to provide operator services under this
Agreement, the CONTRACTOR shall immediately notify the Department in writing
of such ineligibility and the reason(s) therefor.
5.11 CONTRACTOR shall provide to the Police Department annually (within 10 days of
the anniversary of the Agreement) a list of its tow truck operators, including driver's
license numbers and a DMV printout for each tow truck operator. Any subsequent
employment of a new tow truck operator shall be reported in writing to the
Department immediately, including submittal of the above -referenced information.
5.12 CONTRACTOR shall provide to the Police Department the name of any tow truck
operator no longer employed by CONTRACTOR. This notification shall be given
to the Traffic Department no later than ten (10) business days following the last
date of such operator's employment by CONTRACTOR.
6.0 TOWING SERVICE DUTIES
After being requested to the scene by the Department, CONTRACTOR tow truck
operators shall comply with the following:
6.1 Not move nor attach a tow truck to any vehicle until instructed to do so by the
investigating officer of the Department.
6.2 Cooperate with the investigating officer of the Department in removing unsafely
and/or illegally parked vehicles from the street, and in the storing or impounding of
such vehicles as requested.
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6.3 On collision calls, clean-up and remove all debris from the accident scene,
including but not limited to, clean-up and removal of all hazardous
materials/vehicle fluids in the street with absorbent material, as directed by
Department officers and Section 27700 of the California Vehicle Code.
6.4 Provide the owner or driver of towed vehicles (when present at scene) with a
business card of CONTRACTOR indicating where vehicle will be stored or
impounded (including address and telephone number).
6.5 Vehicles brought to the Department or a designated facility from the scene for
processing and then towed to the tow yard will incur an additional second tow fee
equal to one-half of the regular tow fee. Storage fees will not start until the vehicle
is stored at the towing facility.
6.6 CONTRACTOR shall be responsible and held accountable for personal property,
vehicle accessories and the vehicle upon receipt of the vehicle from the
Department. CITY, its officers, agents or employees shall not be liable for loss of
or damage to any vehicle, accessory, equipment or personal property towed or
stored upon the tow truck operator acknowledging receipt for the vehicle by his/her
signature on the stored vehicle report form.
6.7 CONTRACTOR shall not dispose of or otherwise relinquish control of any vehicle
stored or impounded by the Department without a written approval from the
Department to do so. The written approval is required for any vehicle stored or
impounded by the Department and the tow truck operator signs a stored vehicle
report form and receives a copy of the stored vehicle report. The Department
stored automobile release form will be the normal form for release.
6.8 The release of property from a vehicle will be handled in the same manner as a
vehicle release. The person who authorizes the release of the property will make
the modification and will be specific as to description of the property to be released.
6.9 Vehicles shall be released during the business hours of 8:00 am to 5:00 pm,
Monday - Friday, "excluding holidays and weekends". There will be, however,
occasions arising that can require "after hours releases" of certain vehicles. When
the circumstances appear to justify an "after hour release" of a vehicle, approval
of the release must be secured from the on -duty Police Supervisor. Inoperable
vehicles will not be released after hours.
6.10 For purposes of clarity, vehicles towed or stored at the request of citizens, for which
no stored vehicle report is utilized, will not require a stored automobile release.
Citizens requesting the towing of vehicles under their control shall enter into an
agreement with the CONTRACTOR; the Department will act as a venue of
communication between the citizen and the CONTRACTOR.
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6.11 When a party obtains a Department stored vehicle release and presents it to the
CONTRACTOR, the vehicle and/or property shall be released to that person upon
verification of identity and the payment of the fees. The registered owner will be
required to pay for "property only" releases at the Department's records counter.
An After Hours Release Fee will be. paid to the CONTRACTOR for "property only"
or vehicle releases after the normal business hours of the CONTRACTOR.
6.12 Once the tow service has received the Department stored automobile release, the
CONTRACTOR is no longer obligated to the Department for the continued safe
storage of the vehicle and/or property taken.
6.13 If after a "property only" release is obtained, the registered owner may return to
the records counter, produce the paid receipt for the "property only" release and
request a vehicle impound release paying the difference.
6.14 In the case of a vehicle stored or impounded by the Department that is of low value
and qualifies as a junk vehicle as described within California Vehicle Code
Sections 22670 or 22851.10, the CONTRACTOR may request D.M.V. Form 462,
Public Agency Authorization to dispose of a Vehicle to a Scrap Iron Processor or
Dismantler, in lieu of obtaining the stored automobile release to process a lien sale
for the vehicle. This form will suffice for final disposition of the vehicle and no other
release is necessary. Form 462 cannot be issued for (15) fifteen days from the day
the vehicle is first stored at the tow facility.
6.15 In addition to the storage yard, the tow service shall maintain a closed building
that affords storage of four (4) additional full size vehicles in accordance with
Section 14.0 below. This enclosure shall be of such size and construction to allow
for Forensic Services examination of the vehicles in a dry environment during
inclement weather. Access to this enclosed storage building shall be severely
limited by CONTRACTOR, as directed by the investigator assigned to the case for
which the vehicle has been impounded.
6.16 CONTRACTOR must advise the Department's Traffic Division in writing within ten
(10) business days, if a person picking up a vehicle complains to CONTRACTOR
of damage to the vehicle or any missing vehicle accessories or personal property
from the vehicle for which CONTRACTOR denies responsibility.
6.17 All CONTRACTOR's employees who have access to the storage yard or the
personal property which is taken out of any vehicle for storage or safe keeping
must provide a complete set of finger prints, complete an application and have
written authorization from the Chief of Police or his/her designee for such access.
6.18 Upon request of (a) the registered owner; (b) the legal owner; (c) the insurance
carrier of either (a) or (b); or (d) the duly authorized agent of any of the foregoing,
CONTRACTOR shall furnish an itemized statement of charges upon request and
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without demanding payment as a condition. The statement shall include the
service performed, labor and special equipment used in towing the vehicle.
6.19 A vehicle on a thirty -(30) day hold may be signed over to CONTRACTOR by the
legal owner prior to the expiration of the thirty (30) days. The legal owner must first
obtain a vehicle release from the Department. The CONTRACTOR after receiving
the vehicle release from the Department must apply for a lien release prior to
selling the vehicle.
6.20 CONTRACTOR shall notify the Department of any vehicles being impounded
within CITY pursuant to private party impound requests immediately prior to
commencement of the towing of such vehicles.
7.0 RESPONSE TIME
7.1 CONTRACTOR shall respond to the Department's requests for towing, impound,
and storage service within twenty (20) minutes from the time such request is
received. An immediate response will be required for all emergency calls.
Response time is the difference between the time the CONTRACTOR is contacted
by the Department and the time the tow truck arrives at the required location.
CONTRACTOR shall promptly notify the Department if this response time cannot
be met. Emergency conditions, as verified by local media or traffic enforcement
may be acceptable reasons for not meeting the response time requirement.
Equipment or personnel shortage, or lack of availability is not an acceptable reason
for failure to meet response times.
7.2 CONTRACTOR shall give priority to all of the Department's requests for service.
7.3 CONTRACTOR's dispatcher shall notify the Department when a tow vehicle
cannot respond immediately, give the reason for the delay, and an estimated time
of arrival. In the event of an additional delay, CONTRACTOR dispatcher shall
again notify the Department and give the new estimated time of arrival. To ensure
a timely response, the Department, in its sole discretion, may cancel any call -for -
service because of a response delay and may request service from another tow
service provider. ,
7.4 If the tow truck unit(s) has not arrived at the scene within twenty (20) minutes from
the time requested, the Department, based on the urgency of the field situation,
may request a different towing service to respond to the call, whether the different
tow service has a contract with CITY or not.
7.5 If CONTRACTOR's telephone or radio is not promptly answered, or if the line is
busy when called by the Department after two (2) attempts, the CONTRACTOR
being called will be bypassed and the Department may select another tow service.
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7.6 If, while rendering assistance in response to a Department call for towing, a second
Department call for towing is generated to the CONTRACTOR, the
CONTRACTOR tow truck operator shall, before responding to the second call,
ensure that all vehicles at the first site are sufficiently clear of the roadway so that
no obstruction to normal traffic exists. Once the second call is handled to
conclusion, the vehicles at the first site may be towed as necessary.
7.7 In the event CONTRACTOR is unable to respond to calls at the request of the
Department, it shall be understood that the Department has the right to call
another tow service on the rotation list. The original flow service will be placed on
the bottom of the rotation list. It is incumbent upon the tow service to advise the
Department dispatcher of any problems that may arise to adversely affect
response time.
7.8 The Department, in order to expedite service, can request any tow service out of
order on the rotation list. The tow service requested will not lose its place on the
rotation list.
8.0 EQUIPMENT STANDARDS
8.1 All towing equipment, recovery equipment, and carrier ratings are based on
structural factors only. Actual towing, carrying, and recovery capacity can be
limited by the capacity of the chassis and the optional equipment selected. The
criteria to determine the safe towing limits are:
8.1.1 The total weight of the truck, including the lifted load, must fall within the
Manufacturer's Gross Vehicle Weight Rating (GVWR) and not exceed either
the Front or Rear Axle Weight Ratings (FAWR, RAWR).
8.1.2 The truck must meet all applicable State and/or Federal standards.
8.1.3 A tow truck operator when towing a vehicle shall not exceed the GVWR
and the Axle Weight Rating (AWR) for the tow truck.
8.2 CONTRACTOR shall own or have leased to it at least three (3) tow trucks that will
be based at its approved storage facilities and will be available to perform official
towing services at all times during the term of this Agreement. At least one of
these tow trucks shall have a lifting capacity of eight (8) tons.
8.3 CONTRACTOR shall have at least two (2) rigs of one ton capacity with rear dual
wheels.
8.4 CONTRACTOR vehicles shall be equipped as tow trucks in compliance with the
provisions of the California Vehicle Code including, but not limited to, Sections 615,
24605, 25100, 27700 and 27907. Tow trucks shall be equipped with red flares,
lantems or reflectors, hand tools, crow -bar, rope, broom, shovel, dustpan,
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absorbent material for clean-up of hazardous materials, fire extinguisher, portable
red tail lights and stop lights for towed vehicles, equipment for opening locked
vehicles, and safety chain.
8.5 All CONTRACTOR vehicles shall have available adequate equipment to handle
large trucks, trailers, tractors, and other heavy vehicle equipment. This includes a
set of dollies capable of supporting any passenger vehicle.
8.6 CONTRACTOR vehicles shall have a cable winch of sufficient size and capacity
to retrieve vehicles that have gone over embankments or off traveled portions of
roadways into remote areas or other difficult locations.
8.7 Motorcycles that are stored, impounded, or towed from a collision scene at the
request of the Department shall be hauled by a trailer that is designed to carry
motorcycles, or by a flatbed truck.
8.8 Any equipment used and maintained by CONTRACTOR shall be available for
inspection by the Department upon request. CONTRACTOR vehicles shall be
subject to random inspection by the Department.
8.9 CONTRACTOR shall be equipped for, and have personnel proficient in, unlocking
locked vehicles. CONTRACTOR shall unlock locked vehicles when requested to
do so by the Department.
8.10 Throughout the term of this Agreement, CONTRACTOR shall maintain in a neat
and clean manner and in good working condition its storage facilities and
improvements thereon, and all vehicles, facilities, equipment, and materials used
by CONTRACTOR in the performance of the services required under this
Agreement. Any additions to or deletions from the CONTRACTOR tow truck fleet
shall be immediately reported, in writing, to the Department.
9.0 COMMUNICATIONS EQUIPMENT
9.1 CONTRACTOR, during the term of this Agreement shall maintain, and have
approved by CITY, a continuous means of communication between
CONTRACTOR's dispatcher and each CONTRACTOR tow vehicle.
CONTRACTOR shall also maintain and staff, on a 24 hour basis, a telephone to
receive calls from the Department and members of the public.
9.2 Use of Citizen's Band Class D radio equipment by CONTRACTOR is prohibited.
9.3 Telephone service maintained by CONTRACTOR shall be adequate to receive
police calls without delay. The telephone terminals shall be monitored at all times.
Recording machines or similar devices are not allowed. If a call from the
Department is not answered within six (6) rings or the line is busy after two
attempts, or placed on hold for more than a minute, the call will be terminated and
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CONTRACTOR will be placed on the bottom of the rotation list and the tow service
next in line will be called.
9.4 CONTRACTOR shall provide a list of telephone numbers to be called in order of
priority. Changes to contact list shall be provided immediately in writing to the
Chief of Police or his/her designee along with the effective date of the change(s)
10.0 HOURS
10.1 CONTRACTOR shall provide twenty-four (24) hour towing service, seven (7) days
a week, during the term of this Agreement.
10.2 CONTRACTOR shall ensure that there will be an employee on call twenty-four
(24) hours a day, seven (7) days a week and capable of being present or
available for releasing impounded or stored vehicles to the public in accordance
with Section 6.0 of this Agreement. CONTRACTOR's response time for such
releases shall be no longer than one (1) hour.
11.0 VEHICLE IDENTIFICATION
11.1 Each CONTRACTOR vehicle shall display identification signs, in compliance with
Section 27907 of the California Vehicle Code. CONTRACTOR shall not display
any signs or advertising that indicate the CONTRACTOR is an official towing
service or garage of CITY.
11.2 CONTRACTOR shall not, through their advertisements or otherwise, in any way
publicize any official or other business connection with CITY, nor shall
CONTRACTOR advertise any address or telephone number of CITY as a location
to call for vehicle towing and storage service.
12.0 STORAGE SERVICE RESPONSIBILITIES
12.1 CONTRACTOR shall be responsible for all vehicles, accessories, and equipment
thereon, and all personal property therein, stored by it. It shall be CONTRACTOR's
duty to protect such stored vehicles, accessories, equipment, and property against
all loss, damage by fire, theft, or other causes.
12.2 CONTRACTOR shall be responsible for the negligent acts and omissions of its
employees and for any property damage caused by CONTRACTOR or its
employees to any vehicle under their control.
13.0 STORAGE FACILITY STANDARDS
CONTRACTOR shall make adequate provisions for the security of vehicles and
property at its storage facilities, which shall at a minimum consist of all of the following:
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13.1 All vehicles shall be stored in a building, or in an area or areas enclosed by a
substantial wall or fence. The storage yard shall be enclosed with a concrete block
wall or chain-link type fence of a height of not less than six (6) feet. The top of the
fence shall be equipped with two (2) or more strands of barbed wire installed in
such a manner as to discourage access by climbing the fence. Concertina type
razor wire may be substituted for barbed wire, subject to Department approval and
local codes.
13.2 The bottom edge of the fence shall not rise more than two (2) inches above the
finished surface of the parking area of the storage yard. A secure locking system
shall be a part of the gate and it shall otherwise meet the same standards for
security as described for the fence.
13.3 All storage facilities shall be maintained in good working order and secured at all
times. Any damage affecting security of vehicles, lighting and/or evidence shall be
repaired within twenty-four (24) hours of the damage.
13.4 The minimum total capacity of the CONTRACTOR's storage facilities for storage
shall be spaces for 75 vehicles.
13.5 All storage facilities must be approved for security by the Chief of Police, or his/her
designee, and available for inspection by the Department at all times upon request
of the Chief of Police or his/her designee.
13.6 In the event of theft from the vehicles stored in the yard, the CONTRACTOR must
take additional measures satisfactory to the Department to protect the vehicles and
property in the vehicles.
13.7 Registered or legal owners requesting to inspect their vehicles shall be allowed to
do so without having to pay the storages fees first.
13.8 The CONTRACTOR shall not perform any work upon any vehicle without first
obtaining written permission from the owner of the vehicle. Notwithstanding the
foregoing, all work on impounded vehicles shall be handled pursuant to Section
14.0 below.
13.9 If the CONTRACTOR videotapes or otherwise records images of the storage
facility, such videotapes and photographs shall be maintained by the
CONTRACTOR for at least ninety (90) days.
14.0 IMPOUND VEHICLES - INSIDE STORAGE
14.1 Vehicles that have been impounded by order of the Department shall not be
released, lien sold, worked on, altered, or tampered with, without a written release
from the Department.
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14.2 CONTRACTOR shall maintain, without charge to the Department, separate, fully
enclosed, and secured garage storage facilities for a minimum of four (4) vehicles
ordered impounded by the Department.
14.3 The Department shall have sole access to such separate impound facilities when
vehicles are being held for evidence.
14.4 The Department shall designate when a vehicle is to be placed into inside impound
storage. Vehicles placed into this impound space shall not be removed from such
protection until approved and authorized in writing by the investigating officer of
the Department in accordance with Section 6.7.
15.0 RELEASE OF VEHICLES
15.1 The CONTRACTOR is responsible for the release of all vehicles stored by the
Department. CONTRACTOR is hereby granted authority to release to the
registered owner, legal owner, or authorized representative, all vehicles stored but
not impounded, by the Department. Authority to release impounded vehicles must
be obtained from the Department, which must be in writing on the Department's
approved impound release form.
15.2 After obtaining a release from the Department, registered or legal owners or an
agent of the owner requesting to inspect their vehicles or remove property from
their vehicles shall be allowed to do so without having to pay the storage fees first.
Such inspections and property removals shall be available only during the
CONTRACTOR's regular business hours.
16.0 RECORD KEEPING & REPORTING
16.1 CONTRACTOR shall log, maintain, and complete accurate business records of
the tow service including: a description of the vehicle, nature of service, time,
location, tow truck operator handling the call and an itemized total charge. These
records shall be available for inspection by the Department, with or without
cause, with 24 hours notice, during normal business hours. These records shall
be kept for a minimum period of three (3) years.
16.2 Record systems must provide for immediate access, upon inquiry by the Chief of
Police or his/her designee, to the following information:
16.2.1 Locate vehicle from the Department's report number.
16.2.2 Locate vehicle from license number only.
16.2.3 Locate vehicle from make, color, date and location of impound.
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16.2.4 Date of filing of all lien sale documents with DMV.
16.3 CONTRACTOR shall submit a report, by the 10th day of each month, to the
Department, which shall include all of the following information for the preceding
month:
16.3.1 Total CITY impounds and storages.
16.3.2 Number of times dispatched by the Department.
16.3.3 Number of calls for service resulting in impounds.
16.3.4 Number of calls for services that resulted in having to spend more
than one hour on the call.
17.0 LIENS AND DISPOSALS
17.1 CONTRACTOR shall provide the Department with a list of unclaimed vehicles
thirty (30) days before they are scheduled to be disposed of or sold. On or before
the 10th of each month, CONTRACTOR shall furnish to the Department a list of
all vehicles that have been sold at lien sales during the previous month, and date
of the action. The list shall include the vehicle owner's name, address, vehicle
make, year and model, license number, VIN number, and Department record
number. Copies of all lien sale documents shall be resubmitted with such list. The
documents shall be dated and include all charges imposed on each sale.
17.2 CONTRACTOR shall comply with all State law requirements for the disposal of
unclaimed vehicles.
18.0 PERFORMANCE
18.1 CONTRACTOR shall perform the services required under this Agreement in an
ethical, professional, and orderly manner and shall endeavor to obtain and keep
the confidence of the motoring public.
18.2 CONTRACTOR's performance of all terms and conditions set forth herein shall be
monitored and verified by the Department's Traffic Division.
18.3 At its sole expense, CONTRACTOR shall obtain a CITY Business License, all
permits, and licenses as may be required by this Agreement or otherwise to
perform the work. CONTRACTOR shall maintain in effect throughout the term of
this Agreement all licenses and permits required to perform the services required
by this Agreement.
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19.0 INSPECTION
19.1 All real property and improvements thereon, and all facilities, equipment, and
materials used by CONTRACTOR in the performance of this Agreement shall,
upon request by the Department, be open to immediate inspection by the Chief of
Police or his/her designee.
20.0 MOTORISTS ASSISTANCE
20.1 Whenever a motorist requests tow assistance from the Department and does not
specify a particular tow company or membership agency, the service shall be, in
the sole discretion of the Department, assigned to either CONTRACTOR or
another tow service awarded a contract for tow service by CITY, in accordance
with the Department's adopted call -for -service system. All charges arising out of
such assistance assigned to the CONTRACTOR shall be the exclusive
responsibility of CONTRACTOR and the requesting motorist. The Department
shall not be liable for any charges whatsoever arising out of a motorist assistance
call. CONTRACTOR shall not charge such motorist more than the rates specified
in this Agreement.
21.0 RISK
21.1 CONTRACTOR assumes all risk in the event of damage, theft, fire, or otherwise,
of the vehicles or any other property towed, impounded, or stored by
CONTRACTOR, its employees or agents.
21.2 Notwithstanding any other term or condition herein, in responding to a call from the
Department, CONTRACTOR shall have no claim whatsoever against CITY or any
right to recover from City for the cost of any of the services it renders in the
performance of this Agreement. CONTRACTOR shall look solely and exclusively
to the owner of the vehicle towed, impounded, or stored for payment of the services
provided by the CONTRACTOR.
21.3 CONTRACTOR shall assume the entire risk of nonpayment of any service charges
incurred pursuant to this Agreement.
21.4 In the event a vehicle has been stored or impounded by the Department due to
error or negligence, no charges or fees shall be paid and the vehicle shall be
released to the owner or the owner's agent. CITY shall not be liable for any such
charges or fees. If the error is not discovered for a period of five (5) business days
after the vehicle is stored and CONTRACTOR has initiated lien sale process, as
required by C.V.0 22851.8, CONTRACTOR shall be entitled to recover actual
costs incurred to initiate the lien.
22.0 INSOLVENCY
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22.1 CONTRACTOR shall not, without the prior written consent of the Chief of Police,
allow either the appointment of a receiver to take possession of all or substantially
all of the assets of CONTRACTOR or make a general assignment of such assets
for the benefit of creditors. Any such action taken or allowed by CONTRACTOR
under any insolvency or bankruptcy proceeding constitutes a breach of contract by
CONTRACTOR and all property assigned by CITY for safe care shall be "released"
to another assigned service provider, as specified by the Chief of Police or his/her
designee, with a reimbursement for towing, storage, and related fees borne by the
service provider assuming the new responsibility.
23.0 SUCCESSORS AND ASSIGNS
23.1 Each of the terms and conditions of this Agreement shall inure to the benefit of and
shall bind, as the case may be, not only the parties hereto, but each and every one
of the heirs, executors, administrators, successors, assignees, and legal
representatives of the parties.
23.2 CONTRACTOR shall not assign its rights or delegate or otherwise transfer its
obligations under this Agreement to any other person or entity without the prior
written consent of CITY. Any such assignment without the prior consent of CITY
shall be void and the attempted assignment shall constitute a material breach of
this Agreement.
23.3 If CONTRACTOR is permitted to subcontract any part of this Agreement,
CONTRACTOR shall be responsible to CITY for the acts and omissions of its
subcontractor as it is for persons directly employed. Nothing contained in this
Agreement shall create any contractual relationship between any subcontractor
and CITY. All persons engaged in the work will be considered employees of
CONTRACTOR. CITY will deal directly with and will make all payments to
CONTRACTOR.
24.0 INDEMNITY
24.1 CONTRACTOR shall protect, defend, indemnify, and hold harmless CITY, its
Council Members, officers, employees and agents, against, without limitation, any
and all claims, demands, debts, obligations, liabilities, Judgments, actions,
penalties, fines, costs, expenses and attorneys' fees of every kind and description
arising out of or connected in any way with CONTRACTOR's performance under
this Agreement, including but not limited to: (1) any claim or action relating to the
preparation of vehicles for towing; (2) any claim or action relating to the towing of
vehicles; (3) any claim or action relating to the storage, impound, and maintenance
activities; (4) any claim or action relating to the sale or disposal of vehicles pursuant
to this Agreement; and (5) workers' compensation.
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24.2 This hold harmless agreement shall apply to all liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon
the amount of indemnification to be provided by CONTRACTOR.
25.0 INSURANCE
CONTRACTOR, at its sole cost and expense, shall purchase and maintain
throughout the term of this Agreement the following insurance policy:
25.1 CONTRACTOR shall maintain in full force and effect, during the term of this
Agreement, policies of comprehensive general liability (including property damage
and bodily injury) and automobile liability insurance with limits of at least
$1,000,000.00 combined single limit coverage per occurrence. CITY, its officers,
employees, and agents shall be named as additional insureds.
25.2 CONTRACTOR shall cavy and pay for workers' compensation insurance as is
required to fully protect CONTRACTOR and its employees under California
Workers' Compensation Insurance Law.
25.3 All insurance required pursuant to this section shall: be issued by a company
authorized by the Insurance Department of the State of California and rated A-,
Class VII or better by the latest edition of Best's Key Rating Guide, except that
CITY will accept workers' compensation insurance rated B, VII or better or from
the State Compensation Fund. The workers' compensation insurance company
shall agree to waive all rights of subrogation against CITY for losses paid under
the terms of the policy, which arose from the work performed by the named
insured.
25.4 Upon execution of this Agreement, CONTRACTOR shall provide to CITY
certificates of insurance and endorsements evidencing the policies fulfilling the
requirements of this Section. If self-insured for workers' compensation,
CONTRACTOR shall submit to CITY a copy of its certification of self-insurance
issued by the Department of Industrial Relations. Each insurance policy shall
provide that it shall not be cancelled or modified except after thirty (30) days written
prior notice to CITY.
25.5 The insurance policies specified in this Section, except for the workers'
compensation policies, shall name CITY and its officers, Council Members, agents,
and employees as additional insureds by endorsement to the policies. Such
policies shall be primary, and any other policies maintained by or providing
protection for CITY shall be excess or secondary but noncontributing.
25.6 If CONTRACTOR does not keep all of such insurance policies in full force and
effect at all times during the term of this Agreement, CITY may elect to treat the
failure to maintain the requisite insurance as a breach of this Agreement and
terminate the Agreement as provided herein.
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25.7 If CITY reasonably determines that the amounts of insurance held by the
CONTRACTOR pursuant to this Agreement are no longer sufficient, or that
additional types of coverage are needed, CONTRACTOR shall modify the existing
coverage or obtain additional policies, as CITY shall reasonably determine. All
new policies shall be on the terms and conditions contained herein.
25.8 The CONTRACTOR shall annually within ten (10) days of the anniversary of the
effective date of this Agreement, and at any other time requested by the City,
provide to the CITY evidence that all insurance required pursuant to this
Agreement continues to be in full force and effect.
26.0 INTEGRATION
26.1 This Agreement fully expresses all understandings between the parties with
respect to the subject matter of this Agreement and supersedes all prior or
contemporaneous oral or written understandings or agreement regarding the
matters covered by this Agreement.
27.0 AMENDMENT
27.1 No modification, amendment, addition to, deletion, or alteration of the terms of this
Agreement, whether written or oral, shall be valid unless made in writing and
formally approved and executed by all parties.
28.0 NO WAIVER
28.1 No delay or omission in the exercise of any right or remedy available hereunder
shall impair such right or remedy or be construed as a waiver. Any waiver of any
default or condition hereunder must be in writing and shall not be construed as a
waiver of any other default concerning the same or any other provision of this
Agreement.
28.2 The waiver by CITY of any breach by CONTRACTOR of any of the provisions of
this Agreement shall not constitute a continuing waiver or a waiver of any
subsequent breach or default by CONTRACTOR either of the same or a different
provision of this Agreement.
29.0 THIRD PARTY BENEFICIARIES
29.1 The terms of this Agreement are intended to confer benefits only on the parties to
this Agreement. No rights of action shall accrue to any other persons or entities
under this Agreement.
30.0 INDEPENDENT CONTRACTOR
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30.1 Both parties hereto in the performance of this Agreement shall be acting in an
independent capacity and not as agents, employees, partners or joint ventures
with one another. CONTRACTOR and its employees are not employees of CITY
and are not entitled to any of the rights, benefits, or privileges of CITY's employees
including, but not limited to, medical, unemployment, or workers' compensation
insurance.
31.0 CONTROL
31.1 Neither CITY or its officers, Council Members, agents, or employees shall have
any control over the conduct of CONTRACTOR employees except as set forth
herein. CONTRACTOR agrees not to represent that it or its agents, servants, or
employees are in any manner agents, servants, or employees of CITY, it being
understood CONTRACTOR, its agents, servants, and employees are as to CITY
wholly independent contractors and that CONTRACTOR's obligations to CITY are
solely those prescribed by this Agreement. CITY and CONTRACTOR further
acknowledge and agree that CITY shall have no responsibility for salary, health
benefits, retirement benefits, taxes, or any other benefits that may be due to
CONTRACTOR's employees.
32.0 WORKERS' COMPENSATION
32.1 CONTRACTOR shall comply with all of the provisions of the Workers'
Compensation Insurance and Safety Acts of the State of California, the applicable
provisions of Division 4 and 5 of the California Government Code and all
amendments thereto; and all similar state and federal acts or laws applicable; and
shall indemnify, defend, and hold harmless CITY and its officers, employees, and
agents from and against all claims, demands, payments, suits, actions,
proceedings, and judgments of every nature and description, including attorneys'
fees and costs incurred by CITY or presented, brought, or recovered against CITY,
its officers, employees, and agents, for or on account of any liability under any of
said acts which may be incurred by reason of any work to be performed by
CONTRACTOR under this Agreement.
33.0 EXECUTION OF AGREEMENT
33.1 The persons executing this Agreement hereby represent and warrant that the
execution of this Agreement and the performance of the terms and conditions of
this Agreement have been authorized by all requisite corporation, Federal, State,
municipal, or other entity requirements and that the undersigned have the right,
power, legal capacity and authority to execute and enter into this Agreement.
34.0 DRY RUNS
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34.1 CITY shall not be liable to pay CONTRACTOR any charge whatsoever or fee for
a call that does not result in a chargeable service being rendered by
CONTRACTOR (i.e., a "dry run").
35.0 CITY VEHICLE TOWING
35.1 CONTRACTOR shall provide, without cost to the CITY, towing of CITY vehicles as
requested by CITY.
36.0 RESPONSIBILITY
36.1 It shall be the responsibility of CONTRACTOR to provide equipment and to
perform the duties expressed in this Agreement. CONTRACTOR is hereby granted
authority to utilize additional resources whenever deemed necessary to perform
its tow service duties. This may include, but is not limited to, personnel and/or
equipment of another tow operator. This, however, shall not relieve
CONTRACTOR of its duties and responsibilities and any additional cost incurred
shall not be charged to CITY.
37.0 EXCLUSION --ABANDONED VEHICLES
37.1 Vehicles, or parts thereof, which are disposed of through Abandoned Vehicle
Abatement Program by delivery to an authorized automobile dismantler, pursuant
to Section 22660 of the California Vehicle Code are excluded from this Agreement.
No charge shall be assessed against the CITY or the owner of any vehicle that is
towed, stored, or dismantled under the provisions of the Abandoned Vehicle
Abatement Program.
38.0 BREACH OF CONTRACT
It shall be grounds for termination of this Agreement, if CONTRACTOR, or any of
its agents or employees or any person(s) connected or associated with the
CONTRACTOR as an operator, director, officer, stockholder, general manager, or person
who is exercising managerial authority of or on behalf of the CONTRACTOR has
committed any one of the following acts:
38.1 Has been convicted of a felony or any crime involving theft, embezzlement, stolen
property, fraud or crimes of violence within the last ten (10) years or is so convicted
during the term of the Agreement.
38.2 Has published, uttered or disseminated any false, deceptive or misleading
statements or advertisement in connection with the operation of the towing service.
38.3 Has conducted the towing service in a manner contrary to the peace, health,
safety, and general welfare of the public.
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38.4 Has violated or permitted other persons to violate, through an act of omission or
commission by the CONTRACTOR, any felony or misdemeanor crime involving
sexual offenses or moral turpitude, or a felony involving sale or use of a controlled
substance, or any act of dishonesty, fraud, within the last ten (10) years.
38.5 Had an inspection or investigation by the City Building Division, Police Department,
or Fire Department, which revealed a deficiency, violation, or conduct that
endangers the peace, health, safety and general welfare of the public.
38.6 Employs tow truck operators under 18 years of age.
38.7 Falls to notify the Department's Traffic Division in writing of any names, addresses,
driver's license number of any newly employed tow truck operator within ten (10)
business days of their hire date, or fails to notify the Department's Traffic Division
within ten (10) business days of any tow truck operator who is no longer employed
by CONTRACTOR.
38.8 Has charged fees in excess of the rates approved by the Department or in excess
of any Federal, State, County or City laws or regulations for towing and/or storage
of vehicles or any service incidental to towing.
38.9 Has allowed the services of a tow truck operator with a record of violations of the
Vehicle Code which has resulted in the suspension or revocation of their driver's
license or a second (2nd) driving under the Influence or reckless driving conviction
within the three (3) years preceding the most recent violation, to remain in
CONTRACTOR's employment as a tow truck operator providing service to CITY.
38.10 Fails to comply with any California Vehicle Code, Federal, State, or County,
regulations and laws relating to towing and/or storing of vehicles, including the
impounding and storing of vehicles from private property.
38.11 Fails to maintain control of any personal property, vehicle accessories and
vehicles, which have been towed.
38.12 Fails to reimburse the legal or registered owner for damage or loss that occurs
while the vehicle was in the CONTRACTOR's custody.
38.13 Having allowed an unauthorized person access to the storage yard or facilities.
38.14 Any other grounds as outlined in this Agreement, or failing to comply with any
provision of this Agreement.
38.15 Has knowingly made false, misleading or fraudulent statements of a material fact
in a report or record required to be filed with the Department.
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38.16 Has stopped and solicited on any street, highway or other public thoroughfare the
rendering of assistance to a person or disabled vehicle without first being
requested to do so, except to render emergency aid when there exists an imminent
peril to life or property.
38.17 Has charged for services not performed, equipment not employed or used, service
or equipment not needed, or has otherwise materially misstated the nature of any
service performed or equipment used.
38.18 Has been suspended from another police department tow list, within five (5) years
of applying to provide tow services to the CITY, or during the term of the
CONTRACTOR's agreement with CITY.
38.19 Obtaining a tow contract from the CITY by use of fraud, trick, dishonesty, or
forgery.
38.20 Towing a vehicle to a location other than approved by the Department as an
authorized storage facility without first receiving prior authorization to do so by the
Department.
38.21 After towing a vehicle to the CONTRACTOR's storage facilities, towing the vehicle
to another location for storage or impound without authorization from the
Department.
38.22 Defrauding or conspiring to defraud any owner of any vehicle, any insurance
company, or any other person financially interested in the towing, storage, or
impound of any vehicle.
38.23 Moving, tampering with, or removing a vehicle involved in a traffic collision prior to
the arrival of law enforcement officers at the scene.
38.24 The Department receives four (4) or more complaints against the CONTRACTOR
during any twelve (12) month period that the Department, in its reasonable
discretion, determines to be justified, regarding the service, or lack thereof,
provided by the CONTRACTOR.
38.25 Repeated or flagrant violations of the provisions of the California Vehicle Code.
38.26 Demonstrating a pattern or practice of failing to answer calls -for -service, respond
promptly to calls, and/or to maintain clean, orderly, and secured storage facilities.
38.27 Allowing the insurance coverage required herein to be withdrawn, lapse or
otherwise to no longer being in force for any reason.
38.28 Dissolution of business or bankruptcy.
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38.29 Assignment of the Agreement, or any right or interest stated herein, without the
prior written consent of Chief of Police of his/her designee.
39.0 ACTS OR OMISSIONS OF REPRESENTATIVES
39.1 It is understood and agreed by the parties that the acts and/or omissions of the
owner(s), officers, operators, officials, employees, agents, and representatives of
CONTRACTOR in the performance of the services and obligations under this
Agreement shall constitute the acts and/or omissions of CONTRACTOR and not
the City.
40.0 CHARGES
40.1 CONTRACTOR shall charge rates for all service, including an after hour's release
fee, as established herein. The rates for citizen assist calls for services such as
service calls or disabled vehicle tows will be established by the Police Department
as commercial rates for CONTRACTOR. The Chief of Police or his/her designee
prior to the increase will authorize any and all rate increases.
40.2 All rates and charges shall be conspicuously posted in the CONTRACTOR's office
and in all tow vehicles, and shall be available for review by the Department and/or
persons for whom tow service is provided. All customer bills shall be itemized.
40.3 Routine clean up is included in the basic tow charge. However, when clean up is
determined to be excessive (by mutual agreement of the CONTRACTOR and the
CITY), the rate shall be the labor rate referenced in CONTRACTOR'S proposal
(quoted for "labor").
40.4 The CONTRACTOR, as prescribed within California Vehicle Code Section
22651.1, shall accept a valid bankcard, credit card or cash for payment of towing
and storage by the registered owner, legal owner, or agent of the owner claiming
the vehicle.
40.5 Following the completion of the initial three (3) year contract period, the Chief of
Police or his/her designee, may reevaluate the charges and rates set to ensure
that the current rates and charges are reasonable.
40.6 A "Request Release for Lien Sale -Form 439" is required prior to the lien release of
any vehicle that has been stored or impounded by the Department. The use of this
system provides a way to monitor vehicles used or involved in major crimes that
may be evidence of the crime, and to prevent their release. An administrative fee
of $ per request release for lien sale form has been established to defray the
costs of printing, filing, verifying if the vehicle is needed as evidence, and the
postage or delivery of the forms to the CONTRACTOR. The fee will begin upon
the inception of this Agreement. A check for the accumulative total of request
release for lien sale forms will accompany each package submitted.
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40.7 All charges for towing, impound, storage, and other services required to be
performed by CONTRACTOR under the terms and conditions of this Agreement
shall not exceed those charges approved by CITY, which are set forth in the
schedule of rates below:
Towing
Passenger cars, wagons, compact & mid-size SUVs $
P/U Trucks, SUVs & Vans
$
Commercial Trucks & Vans
$
Rigs, Buses & Motorhomes
$
Motorcycles
$
Storage/Impound (per day)
Passenger Vehicles (all) — Outside
$
Passenger Vehicles (all) — Inside
$
Motorcycle
$
Commercial Trucks or Motorhome -- Outside
$
Commercial Trucks or Motorhome — Inside
$
Long Term Storage (per week)
$
Other Services
After -Hours Release
$
On -Site Release
$
RolloverNVinching
$
Dolly/Go-jacks
$
Driveshaft/Linkage
$
Service Call — Minimum
$
Hazardous Materials Clean -Up
$
Labor
$
40.8 In the event that unforeseen changes in the tow service industry seriously affect
CONTRACTOR's ability to continue to provide the towing, impound, and storage
services required under this Agreement, CONTRACTOR may petition the
Department for a re-evaluation of the agreed upon charges and rates set forth in
this Section. CONTRACTOR shall be required to provide such proof as necessary
to show that the continuance of the current rates and charges are so economically
harmful to CONTRACTOR so as to place CONTRACTOR in danger of having to
default on the Agreement. The parties may by written amendment adjust the terms
of this Agreement where circumstances beyond the control of either party require
modification or amendment.
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41.0 NOTICES
41.1 Any notices required or permitted under this Agreement shall be in writing and shall
be delivered personally or sent by U.S. Mail, first class postage prepaid, return
receipt requested, addressed as follows:
CITY: City of Tustin
Attn: Chief of Police
300 Centennial Way
Tustin, CA 92780-3767
CONTRACTOR:
Attn:
42.0 CHANGE OF CIRCUMSTANCES
42.1 Each party shall promptly notify the other party of any legal impediment, change
of circumstances, pending litigation, or any other event or condition that may
adversely affect such party's ability to carry out any of its obligations under this
Agreement.
43.0 SEVERABILITY
43.1 If any term or condition of this Agreement, or the application thereof to any person
or circumstance, shall to any extent be held by a court of competent jurisdiction to
be invalid, void, or unenforceable, the remainder of this Agreement, or the
application thereof to any person or circumstance, shall remain in full force and
effect and shall in no way be affected, impaired, or invalidated thereby.
44.0 VENUE
44.1 This Agreement shall be governed and construed in accordance with the laws of
the State of California. In the event of any legal action to enforce or interpret this
Agreement, the sole and exclusive venue shall be a court of competent jurisdiction
located in Orange County, California.
45.0 EFFECTIVE DATE
45.1 The Effective Date of the Agreement shall be August 01, 2018 at 12:00 a.m.
[SIGNATURE PAGE FOLLOWS]
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SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the day and year first written above.
ATTEST:
0
Erica Rabe, City Clerk
APPROVED AS TO FORM:
al
David Kendig, City Attorney
CITY OF TUSTIN
TUSTIN POLICE DEPARTMENT
M
Charles F. Celano, Chief of Police
CONTRACTOR
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Title:
A
Title:
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