HomeMy WebLinkAboutTowing Contracts 9/27/11AGREEMENT BY AND BETWEEN
CITY OF NATIONAL CITY
AND
A TO Z ENTERPRISES, INC.
DBA ROADONE
FOR
TOWING AND IMPOUND SERVICES
FOR THE PERIOD OF
OCTOBER 1, 2011 TO SEPTEMBER 30, 2013
TABLE OF CONTENTS
Title & Section Page Number
"Agreement for Towing and Impound Services" 7
Recitals 7
1.0 DEFINITION OF TERMS
1.1 Police Tow 8
1.2 Police Referral Tow 8
1.3 On Demand Tow 8
1.4 Secondary Tow 8
1.5 Collision Tow 8
1.6 Response Time 8
1.7 Dispatch Center 8
1.8 Contract Year 8
1.9 Fee Schedule 9
1.10 Referral Fee 9
1.11 Negligent Vehicle Impound Release Fee 9
1.12 S.T.O.P. Fee 9
1.13 30 Day Impound Fee 9
2.0 ADMINISTRATION and MANAGEMENT of AGREEMENT
2.1 Agreement Approval 9
2.2 Entire Agreement ... 10
2.3 Administration of Agreement 10
2.4 Cooperation and Consultation 10
2.5 Compliance with Applicable Law 11
2.6 Licenses, Permits, Etc 11
2.7 Disputes 11
2.8 Mediation / Arbitration 11
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2.9 Legal Fees 12
2.10 Indemnification and Hold Harmless 12
2.11 Business Records (10650 CVC et seg.) 12
2.12 Prohibition Against Use of Privileged Information 13
2.13 Independent Contractor 13
2.14 Assignment 13
2.15 Workers' Compensation 13
2.16 Non -Discrimination Provision 14
2.17 Conflict of Interest and Political Reform Act Obligations 14
2.18 Termination of Agreement 14
2.19 Charges and Fees 15
2.20 Inspection 15
2.21 Notice of Termination 15
3.0 TERMS of AGREEMENT, OPTIONS, RENEW and RE -OPENERS
3.1 Duration 16
3.2 Relevant Dates 16
3.3 Option to Renew 16
3.4 Re -Opener Clause - Referral Fee 17
3.5 Re -Opener Clause - Fee Schedule 17
3.6 Re -Opener Clause - 30 Day Impound Fee (S.T.O.P.) 17
4.0 RESPONSE TIME, EXCEPTIONS and PENALTY ASSESSMENT
4.1 Response Time 17
4.2 Response Time Computation 18
4.3 Response Time - Penalty 18
4.4 Response Time - Penalty Assessment 18
5.0 ON -CALL CONTRACTOR and CONTRACTOR ROTATION SCHEDULE
5.1 Contractor On -Call & Rotation 18
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6.0 GENERAL DUTIES, REQUIREMENTS and OBLIGATIONS
6.1 Business License 19
6.2 Contractor Availability - Response to Service Requests 19
6.3 Contractor Towing Forfeited Vehicles 20
6.4 Contractor Availability - Vehicle Release 20
6.5 Business Office 20
6.6 Business Office Hours 20
6.7 Contractor's Employees 20
6.8 Signs 21
6.9 Method of Payment - Towing or Storage Charges (22651.1 CVC) 22
6.10 Storage of Vehicles; City, Seized 22
6.11 Removal from Private Property 22
6.12 Notice to City - Private Property Impounds 22
6.13 Gratuities (12110 CVC) 23
6.14 Tow Truck Driver - On Scene Duties 23
6.15 Access to Stored Vehicles 23
6.16 Access to Stored Vehicle - Removal of Private Property 24
6.17 Access to Evidentiary Vehicles 24
6.18 Invoices 24
6.19 Vehicle Impound Control Card (PD form 250) 24
6.20 Proceeds from Lien Sale 25
7.0 FEES
7.1 Fee Schedule 25
7.2 Secondary Tow Fees 26
7.3 City Vehicle Tow Fees 26
7.4 Fees - Police Department Errors and Omissions 26
7.5 Referral Fee 27
7.6 Referral Fee - Due Date 27
7.7 Referral Fee - Late Fee 27
7.8 Referral Fee - Payments 27
7.9 Negligent Vehicle Impound Release (NVIR) Fee 28
7.10 NVIR Fee 28
7.11 NVIR Fee - Payment Due Date 28
7.12 NVIR Fee - Payments 28
7.13 NVIR Payment - Late Fee 29
7.14 Serious Traffic Offender Program (STOP) Impound Fee 29
7.15 S.T.O.P. Impound Fees - Due Date 29
7.16 S.T.O.P. Fee - Payment 29
7.17 S.T.O.P. Fee - Late Fee 30
7.18 S.T.O.P.; 30-Day Vehicle Impound Fees 30
7.19 30-Day Impound Fees - Due Date and Payment 30
8.0 VEHICLE RELEASE
8.1 General Rule - Vehicle Release 30
8.2 Exceptions to General Rule 30
8.3 Hit & Run Investigations - Mandatory Release (22655(b) CVC) 31
8.4 Questions, Problems, or Controversy Associated with Vehicle Release 31
8.5 Expert Training - DMV Document Identification 31
9.0 MINIMUM TRUCK EQUIPMENT and STORAGE LOT REQUIREMENTS
9.1 Minimum Tow Truck Requirements 31
9.2 Minimum Tow Truck Equipment Requirements 32
9.3 Tow Truck Identification 33
9.4 Tow Truck Lighting Equipment 33
9.5 California Highway Patrol Inspection Certification 33
9.6 Tow Truck Maintenance 33
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9.7 Storage Lot, Minimum Requirements 33
9.8 Minimum Lighting Requirements - Storage Lot 34
9.9 Vehicle Examination Area 35
9.10 Secure Area - Evidentiary Vehicles 35
9.11 Special Operations 35
10.0 INSURANCE REQUIREMENTS
10.1 Minimum Insurance Requirements 35
10.2 Primary Insurance 36
10.3 Claims Made vs. Occurrence Form 36
10.4 Aggregate Insurance Limits 36
10.5 Insurance Company 37
10.6 Insurance Certification Requirement 37
10.7 Insurance Requirement - Extension Option 37
10.8 Limitations of Liabilities and Obligations 37
10.9 Sub -Contractor Insurance Requirement 37
11.0 CONSTRUCTION of AGREEMENT 37
ATTACHMENT A
Towing Fee Schedule 39, 40
ATTACHMENT B
NVIR Fee - Applicable CVC & NCMC Sections 41, 42
ATTACHMENT C
S.T.O.P. Fee - Applicable CVC Sections 43
AGREEMENT FOR TOWING AND IMPOUND SERVICES
This Agreement for Towing and Impound Services ("Agreement") is made and entered
into in the City of National City, State of California, on this First (1st) day of October, in the year
2011, by and between the City of National City, a municipal corporation ("City"), and A to Z
Enterprises, Inc. doing business as RoadOne ("Contractor") for towing and impound services.
RECITALS
Whereas, the City of National City Police Department requires professional towing and
impound services to maintain the safety of the public right-of-way and to seize and secure
vehicles in accordance with the laws of the State of California and the Municipal Code,
ordinances and regulations of the City of National City; and
Whereas, the City has adopted a process for the selection and designation of professional
towing contractors to provide towing, impound and storage service upon the request of the
National City Police Department; and
Whereas, on May 19, 2011, a Request for Proposal ("RFP") was issued for towing and
impound services for the City, to which Contractor responded; and
Whereas, the tow committee comprised of City staff evaluated the proposals and
prepared a report for Council consideration detailing the evaluation process and explaining the
evaluations of the proposals, including whether the proposals met the RFP requirements; and
Whereas, on August 16, 2011, the City Council directed staff to return to the City
Council with a recommendation of the top two operators based on the overall value to the City;
and
Whereas, on September 6, 2011, staff presented its recommendation of the top two
ranked tow operators, which included Contractor. Staff was directed to return with contracts with
the top two ranked operators; and
Whereas, A to Z Enterprises, Inc. doing business as RoadOne ("RoadOne") has a history
of accurate, dependable, and reliable service to the City, participated in a competitive process
through the RFP, and together with another towing contractor has been found to provide the best
overall value to the City, including having the best qualifications and capability of providing the
highest quality, professional towing services for the City of National City; and
Whereas, the City of National City desires to have two towing and impound operators
perform exclusive towing service within the City of National City and Contractor represents and
warrants it is experienced and staffed in a manner such that it is capable and prepared to deliver
the services required by the City of National City within the time frames herein provided, all in
accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, the City of National City and RoadOne mutually agree to the
terms and conditions as follows:
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1.0 DEFINITION OF TERMS
1.1 Police Tow shall mean the towing of vehicles at the direction of the National City Police
Department where the consent of the owner or operator of the vehicle is not required under
existing law. This shall include but is not limited to the towing of motor vehicles that are
illegally parked, abandoned, evidence in a criminal investigation, disabled due to collision or
mechanical failure (pursuant to Section 22500 of the Vehicle Code) or otherwise subject to the
authority of the National City Police Department.
1.2 Police Referral Tow shall mean the towing of a vehicle by the National City Police
Department at the request of the vehicle owner, operator, or their agent. Examples include
mechanically disabled vehicles, vehicles disabled as a result of collision, or any other
circumstances where the public right-of-way is impacted.
1.3 On -Demand Tow means the towing of a vehicle by a towing company that has been
requested by the vehicle owner, operator, or their agent, without police involvement. On -
Demand tows may include owners or agents of private property landholders who arrange for
vehicle towing service from private property without police involvement. If the police
department becomes involved in arranging for tow service, the matter is considered a "Police
Referral Tow". On -Demand Tows are independent services outside the scope of this Agreement.
1.4 Secondary Tow is defined as the impound of a vehicle on orders of police under the
authority of California Vehicle Code § 22655 or 22655.5 and the vehicle is brought to the
National City Police Department for evidence processing. The secondary tow occurs when the
police direct the original Contractor to retrieve and store the vehicle on Contractor's property.
1.5 Collision Tow The owner or operator of a vehicle involved in a non -criminal traffic
collision may select a tow company of their own choosing. However, if in the opinion of the
investigating police officer an unreasonable delay would result, or unnecessary delay would
negatively impact access to the public right-of-way, the investigating officer may consider the
matter a "Police Tow" and cause the removal of the vehicle. If the vehicle is towed on orders of
the investigating officer, the officer shall complete the Vehicle Report (CHP 180), citing 22500
California Vehicle Code as the authority for impound. No special hold or police authorized
release is necessary.
1.6 Response Time is defined as the elapsed time between the relaying of the tow service
request by the National City Dispatch Center or a City Employee to the Contractor and the
arrival of the specific tow truck type requested to fulfill the tow need on scene. Under most
situations, a call for field service will be relayed by the Police dispatchers via telephone to the
tow contractors. However, there is a need to allow for direct requests to the tow contractor by
any NCPD employee. This may be done by phone or in person to either the Contractor's
dispatcher or to a tow truck driver that is already on the scene of an NCPD requested tow, when
there is a need for additional services.
1.7 Dispatch Center is the Police Department's multifunction emergency and non -
emergency telephone/radio operators.
1.8 Contract Year is defined as any one year, 365 day period during the term of this
Agreement. The first contract year begins on October 1, 2011 and ends on September 30, 2012.
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The second contract year begins on October 1, 2012 and ends on September 30, 2013 . There are
two (2) successive years in this Agreement.
1.9 Fee Schedule is defined as the fees charged by Contractor to the owner, operator, or
agent of the subject vehicle for various services charged by Contractor. The fee schedule is
approved and authorized by a majority vote of the City of National City, City Council. The fee
schedule includes itemized charges for numerous towing and storage services including but not
limited to hook up fees, dolly fees, daily storage fees, after -hour release fees, etc. The Fee
Schedule is Attachment A to this document. Attachment A and the fees may be adjusted as set
forth in Section 7.0.
1.10 Referral/Franchise Fee is authorized by California Vehicle Code § 12110(b) and is
defined as a quarterly fee charged to the Contractor(s) by City in connection with the award of a
franchise for towing services for the City. It is designed to compensate the City for its actual and
reasonable costs incurred by the City to process and administer towing services. The Referral
Fee may be adjusted during the term of this Agreement as set forth in Section 3.4 of this
Agreement. The payment of the Referral Fee is set forth in Sections 7.5, 7.6, 7.7, and 7.8.
1.11 Negligent Vehicle Impound Release Fee is authorized by the City Council. The
Negligent Vehicle Impound Release Fee is defined as a fee charged to the owner, operator, or
agent of a vehicle that violated certain specified sections of the California Vehicle Code or
National City Municipal Code. The NVIR fee is one hundred twenty-four ($124) dollars. The
NVIR fee may be adjusted during the term of the agreement as set forth in Section 7.0 of this
Agreement. This fee is collected by Contractor on behalf of City.
1.12 S.T.O.P Fee The Serious Traffic Offender Program ("S.T.O.P.") is authorized by City
resolution and under the authority of California Vehicle Code § 22850.5. It focuses on
unlicensed drivers and provides for a 30-day impound of vehicles. The fee is one hundred fifty
($150) dollars. The fee off -sets the administrative costs of the program. This fee is charged to
the vehicle owner, operator or agent and is collected by Contractor on behalf of City. The
S.T.O.P. fee maybe adjusted during the term of this Agreement as set forth in Section 7.0.
1.13 30-Day Impound Fee is defined as a percentage fee paid to City by Contractor, when a
S.T.O.P. vehicle is held for 30 day storage. This fee is not applicable when City releases a
vehicle prior to the full 30 day period. Nothing in this section is intended to prevent or preclude
the early release of a 30 day hold S.T.O.P. vehicle if extraordinary circumstances warrant. The
30-Day Impound Fee will remain at 15% of the amount collected for storage on released
vehicles.
2.0 ADMINISTRATION and MANAGEMENT of AGREEMENT
2.1 Agreement Approval
This Agreement for towing service shall become effective when the City Council of the City of
National City has reviewed and approved the Agreement and it has been fully executed by
Contractor.
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2.2 Entire Agreement
This Agreement supersedes any prior agreements, documents, negotiations and communications,
oral or written, and contains the entire Agreement between the parties as to towing and impound
services. No subsequent agreement, representation, or promise made by either party hereto, or by
or to an employee, officer, agent or representative of any party hereto shall be of any effect
unless it is in writing and executed by the party to be bound thereby.
2.3 Administration of Agreement
Each party designates the below individuals as the "Contract Administrator" for the party. The
Contract Administrator is authorized by the party to represent the party in the administration of
this agreement. The Contract Administrator shall monitor the progress and execution of this
Agreement. The Contract Administrator may delegate duties and responsibilities to subordinates
to insure functional management, supervision and operation of this Agreement.
Contract Administrator For The City of National City
Dr. Adolfo Gonzales, Chief of Police
National City Police Department
1200 National City Blvd., National City, CA. 91950
(619) 336-4511
Management and Operations
Traffic Division Sergeant, National City Police Department
1200 National City Blvd., National City, CA 91950
(619) 336-4400
Inspection & Operational Supervision
Traffic Division Sergeant, National City Police Department
1200 National City Blvd., National City, CA 91950
(619) 336-4420
Contract Administrator For RoadOne
Dale Wineteer, President
RoadOne
3821 Calle Fortunada, Suite A
San Diego, CA 92123
(858) 492-5201
2.4 Cooperation and Consultation
The designated City employee(s) and Contractor shall regularly consult during the term of this
Agreement in order to achieve the objectives of this Agreement. Throughout the term of this
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Agreement, Contractor shall permit access to its offices, facilities, files and records relating to
the operation and management of this agreement. Upon request of the City, the Contractor shall
provide copies of files, materials or records relating to the towing, impound, and disposition of
any vehicle towed as a result of this agreement.
2.5 Compliance with Applicable Law
The Contractor in the performance of the services to be provided herein, shall comply with all
applicable State and Federal statutes and regulations, and all applicable ordinances, rules and
regulations of the City of National City, whether now in force or subsequently enacted.
2.6 Licenses, Permits, Etc.
Contractor represents and covenants that it has all licenses, permits, qualifications, and approvals
of whatever nature that are legally required to practice its profession, and as required in the
City's Request for Proposal for this Agreement. The Contractor represents and covenants that the
Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this
agreement, any license, permit, insurance or approval which is legally required for the Contractor
to practice its profession.
2.7 Disputes
Except as otherwise provided in this agreement, any dispute concerning a question of fact arising
under any term of this Agreement which is not disposed of by this Agreement shall be decided
by the Chief of Police who will furnish the decision to the Contractor in writing. Contractor shall
proceed diligently with performance of this Agreement pending receipt of the decision of the
Chief of Police. The decision of the Chief of Police is final and conclusive unless determined by
a court of competent jurisdiction to have been fraudulent, arbitrary, capricious or so grossly
erroneous as to necessarily imply bad faith.
The "Disputes" clause does not and is not intended to preclude consideration of legal questions
in connection with decisions provided in the above paragraph. Nothing in this Agreement shall
be construed as making final the decision of any administrative official, representative, or
council on a question of law.
2.8 Mediation / Arbitration
If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first
to try, in good faith, to settle the dispute by mediation in San Diego County, California, in
accordance with the Commercial Mediation Rules of the American Arbitration Association (the
"AAA") before resorting to arbitration. The cost of mediation shall be borne equally by the
parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof,
which is not resolved by mediation shall be settled by arbitration in San Diego County,
California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any
award rendered shall be final and conclusive upon the parties, and a judgment thereon may be
entered in any court having jurisdiction over the subject matter of the controversy. The expenses
of the arbitration shall be borne equally by the parties to the arbitration, provided that each party
shall pay for and bear the cost of its own experts, evidence and attorneys' fees, except that the
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arbitrator may assess such expenses or any part thereof against a specified party as part of the
arbitration award.
2.9 Legal Fees
If any party brings a suit or action against the other party arising from any alleged breach of any
of the covenants or agreements or any inaccuracies in any of the representations and warranties
on the part of the other party arising out of this agreement, then in that event, the prevailing party
in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled
to have and recover from the other party all costs and expenses of suit, including expert and
attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is stipulated that
attorneys' fees incurred in the prosecution or defense of the action or suit shall not be considered
in determining the amount of the judgment or award.
Attorneys' fees to the prevailing party, if other than the City, shall not exceed the amount of
attorneys' fees incurred by the City in its prosecution or defense of the action, irrespective of the
actual amount of attorneys' fees incurred by the prevailing party.
2.10 Indemnification and Hold Harmless
The Contractor agrees to indemnify, defend, and hold harmless the City of National City, its
officers, employees, agents, and volunteers against and from any and all liability, loss, damage,
suits, actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers'
compensation claims, of or by anyone whomsoever, in any way resulting from, related to, or
arising out of the Contractor's performance of this Agreement.
2.11 Business Records (10650 CVC et seq.)
Contractor shall maintain and retain data and records of all tow services furnished, including
description of vehicles, nature of service, date, time of notification by City, time of tow track
dispatch, time of arrival of tow truck at scene, location of calls, total itemized charges of towing
and storage, and the description of all vehicles towed and/or stored at the initiation of the City. If
the vehicle is sold at lien sale, data shall be maintained documenting all liens against the vehicle,
monies received as a result of the sale, identification of the purchaser, and the amount of monies
forwarded to City and state. All such data and original towing and storage records shall be
maintained in an accessible location. The Contractor shall make available and permit the City
without notice during normal business hours to audit, examine and make excerpts, copies, or
transcripts of all data and records with respect to the towing and storage of vehicles initiated by
the City. If Contractor employs, assigns or contracts with a third -party vendor to manage or
process the DMV required processing regarding lien sale vehicles, Contractor shall make
available all relevant records, data or documents regarding lien sales. Contractor shall waive any
privacy rights in order to permit City to inspect, review and copy any relevant record in
possession of a third -party vendor.
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2.12 Prohibition Against Use of Privileged Information
Contractor shall not use for personal gain, transmit, or disclose any privileged or confidential
information that is acquired from or obtained as a result of information gathered from the
management or operation of this agreement. For the purpose of this section, "Privileged or
Confidential Information" shall include City or police department records unrelated to towing
and storage of vehicles, DMV information, or Criminal History information.
2.13 Independent Contractor
Contractor shall for all purposes arising out of this Agreement, be an independent Contractor.
Contractor and employees of Contractor shall not be deemed employees or agents of City. It is
expressly understood and agreed that the Contractor and its employees shall in no event, as a
result of this Agreement, be entitled to any benefit to which City employees are entitled,
including but not limited to overtime, retirement benefits, workers' compensation benefits, injury
leave, medical leave, unemployment or any other leave benefits.
Neither the City nor its officers, agents or employees shall have any control over the conduct of
the Contractor or any of the Contractor's employees except as herein set forth, and the Contractor
expressly agrees not to represent that the Contractor or the Contractor's agents, servants, or
employees are in any manner agents, servants, and employees of the City, it being understood
that the Contractor, its agents, servants, and employees are as to the City wholly independent
contractors and that the Contractor's obligations to the City are solely such as are prescribed by
this Agreement.
2.14 Assignment
This Agreement contemplates the personal services of the Contractor and the Contractor's
employees, and it is recognized by the parties that a substantial inducement to the City for
entering into this Agreement was, and is, the professional reputation and competence of the
Contractor and its employees. Neither this Agreement nor any interest herein may be assigned by
the Contractor without the prior written consent of the City. Nothing herein contained is intended
to prevent the Contractor from employing or hiring as many employees, as the Contractor may
deem necessary for the proper and efficient performance of this Agreement. Contractor has
represented it has sufficient staffing to perform pursuant to this Agreement. Contractor agrees it
shall not subcontract any towing or impound services. Any other type of work that is
subcontracted shall require written consent of the City. All agreements by Contractor with its
subcontractor(s) shall require the subcontractor(s) to adhere to the applicable terms of this
Agreement.
2.15 Workers' Compensation
The 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 or Federal acts or
laws applicable; and shall indenmify, defend and hold harmless the City and its officers,
employees and volunteers from and against all claims, demands, payments, suits, actions,
proceedings and judgments of every nature and description, including attorneys' fees and costs
presented, brought or recovered against the City or its officers, employees, or volunteers, for or
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on account of any liability under any of said acts which may be incurred by reason of any work
to be performed by the Contractor under this Agreement.
2.16 Non -Discrimination Provision
The Contractor will not discriminate against any employee or applicant for employment because
of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin,
physical handicap, or medical condition. The Contractor will take positive action to insure that
applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual
orientation, marital status, national origin, physical handicap, or medical condition. Such action
shall include but not be limited to the following: employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. The Contractor agrees to post
in conspicuous places available to employees and applicants for employment any notices
provided by the City setting forth the provisions of this non-discrimination clause.
2.17 Conflict of Interest and Political Reform Act Obligations
During the term of this Agreement, the Contractor shall not perform services of any kind for any
person or entity whose interest's conflict in any way with those of the City of National City. The
Contractor also agrees not to specify any product, treatment, process or material for the project in
which the Contractor has a material financial interest, either direct or indirect, without first
notifying the City of that fact. The Contractor shall at all times comply with the terms of the
Political Reform Act and the National City Conflict of Interest Code. The Contractor shall
immediately disqualify itself and shall not use its official position to influence in any way any
matter coming before the City in which the Contractor has a direct or indirect financial interest as
defined in Government Code Section 87103. The Contractor represents that it has no knowledge
of any financial interests that would require it to disqualify itself from any matter on which it
might perform services for the City. Contractor further warrants and represents that Contractor
will immediately advise the City Attorney if Contractor learns of an economic interest of
Contractor's that may result in a conflict of interest for the purposes of the Political Reform Act,
and regulations promulgated thereunder.
The Contractor shall be strictly liable to the City for all damages, costs or expenses the City may
suffer by virtue of any violation of this section by the Contractor.
2.18 Termination of Agreement
This Agreement may be terminated immediately by the City for cause in the event of a material
breach of this Agreement, misrepresentation by the Contractor in connection with the formation
of this Agreement or the performance of services, or the failure to perform services as directed
by the City. Termination for cause shall be effected by delivery of written Notice of Termination
to the Contractor as provided for in Section 2.21.
In the event of termination, all finished or unfinished memoranda, reports, plans, specifications
and other documents prepared by the Contractor, whether paper or electronic, shall immediately
become the property of and be delivered to the City, and the Contractor shall be entitled to
receive just and equitable compensation for any work satisfactorily completed on such
documents and other materials up to the effective date of the Notice of Termination, not to
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exceed the amounts payable hereunder, and less any damages caused the City by the Contractor's
breach, if any.
The City further reserves the right to immediately terminate this Agreement upon: (1) the filing
of a petition in bankruptcy affecting the Contractor; (2) a reorganization of the Contractor for the
benefit of creditors; or (3) a business reorganization or change in business status of the
Contractor.
If Contractor is terminated during the period of performance for any of the reasons stated above
or is no longer able to perform for any reason, then the City may unilaterally select another tow
operator to replace the terminated or no longer performing Contractor. The selection of such
other tow operator, and whether to select another tow operator, shall be at the sole discretion of
the City. In the event another tow operator is selected by the City per this Section, that other
tow operator will be required to comply with the same terms of this Agreement or its
amendments, including the accepted and adopted fee rate schedule.
2.19 Charges and Fees
Contractor is authorized and responsible for 'the collection of all applicable towing and storage
charges, and any fee authorized or required by City to defray costs to City for the management
and operation of this agreement, prior to releasing a vehicle.
2.20 Inspection
City shall require no less than an annual inspection of Contractor and its facilities to insure
conformance and compliance with the provisions of the California Vehicle Code and this
agreement. Responsibility for said inspection rests with the National City Police Department
Traffic Division Sergeant and/or their designee. Said inspections shall be conducted during
normal business hours but may be conducted without prior, advanced notice. Upon completion
of inspection, the Traffic Division Sergeant shall submit a written report to the Contract
Administrators and/or City staff.
2.21 Notice of Termination
All notices or other communications required or permitted hereunder shall be in writing, and
shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by
registered of certified mail, postage prepaid, return receipt requested; or sent by ordinary mail,
postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or
fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of
delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the
business day following its deposit in such overnight mail facility, (iii) if mailed by registered,
certified or ordinary mail, five (5) days, (ten (10) days if the address is outside the State of
California) after the date of deposit in a post office, mailbox, mail chute, or other like facility
regularly maintained by the United States Postal Service, (iv) if given by telex, telecopy,
facsimile or fax, when sent. Any notices, request, demand, direction or other communication
delivered or sent as specified above shall be directed to the following persons:
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To the CITY: Contract Administrator For The City of National City
Dr. Adolfo Gonzales
Chief of Police
National City Police Department
1200 National City Blvd National City, CA. 91950
(619) 336-451 1
To the CONTRACTOR: Dale Wineteer, President
RoadOne
3821 Calle Fortunada, Suite A
San Diego, CA 92123
(858) 492-5201
3.0 TERM OF AGREEMENT, OPTIONS, and RE -OPENERS
3.1 Duration
The duration of this Agreement shall be for two (2) years with options for extension.
3.2 Relevant Dates
This Agreement begins at 0001 hours on October 1, 2011, and terminates at 2400 hours on on
September 30, 2013.
3.3 Option to Renew
The City of National City reserves the option to renew the Agreement up to three (3) successive
one (1) year periods under the terms and conditions herein stated, beginning on the anniversary
of the commencement of service, including any amendments. The renewal is contingent on a
mutual agreement between the City and the Contractor, with such agreement to be confirmed by
the Contract Administrator within sixty (60) days prior to the expiration of the contract period.
The City of National City or the Contractor may decline to confirm the renewal of the
Agreement for any reason whatsoever, which shall render the renewal option null and void.
The City's initial letter informing the Contractor of the City's interest in exercising its option to
renew the contract does not constitute an award of the option period. Any option acceptance
must be confirmed by the City of National City in writing, before it becomes valid.
The City will not grant an option if the Contractor requests an increase which exceeds the
average percentage variant for the previous twelve (12) months in the Consumer Price Index for
Urban Wage Earners and Clerical Workers (CPI-W) for the National City area, as published by
the Bureau of Labor Statistics, or five percent (5%) whichever is less. If a price increase is
requested, the Contractor must provide detailed supporting documentation to justify the
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requested increase. The City will evaluate the requested increase, which the City reserves the
right to accept or reject the requested increase.
3.4 Re -Opener Clause - Referral Fee
After the first twelve consecutive month period of this Agreement, City may review all tow data
to determine the actual number of Police and Referral Tows in the preceding twelve-month
period and to determine whether the Referral Fee warrants adjustment. The Referral Fees may be
adjusted up or down, as determined by City, based upon the actual and reasonable costs incurred
by the City to process and administer towing and impound services, which may include, but is
not limited to, review of the number of vehicles referred to the Contractor and review of
increased costs. If appropriate, City shall consider implementing a per vehicle referral fee to
offset costs incurred by the police department in processing and administering towing services.
City may also compare and consider referral fees charged by other law enforcement jurisdictions
in San Diego County for towing services.
3.5 Re -Opener Clause - Fee Schedule
After the first twelve consecutive month period of this Agreement, the Contractor may submit to
the Chief of Police a request for an increase to the fee schedule set forth in Attachment A,
seeking to adjust the fees consistent with the community standard for police towing in San Diego
County. The request shall include a comparison of relevant fees in each law enforcement
jurisdiction in San Diego County. City shall assist and consult with Contractor to provide
Contractor with accurate data. The Chief of Police shall make appropriate comments,
recommendations and submit the material for City Council consideration.
3.6 Re -Opener Clause - 30-Day Impound Fee (S.T.O.P.)
After the first twelve consecutive month period of this Agreement, City may review all tow data
to determine the actual number of S.T.O.P. vehicles held for a 30 day period versus the number
of S.T.O.P. vehicles not held for the 30 day period, in the preceding twelve month period, and to
determine whether an adjustment is warranted for the 30-Day Impound Fee. The percentage 30-
day impound fee may be adjusted up or down based upon the data.
4.0 RESPONSE TIME, EXCEPTIONS and PENALTY ASSESSMENT
4.1 Response Time
Response time is defined as the elapsed time between the relaying of the tow service request by
the Dispatch Center or a City Employee to the Contractor and the arrival of the specific tow
truck type requested to fulfill the tow need on scene. (For example: NCPD Dispatch phones in a
request for a low profile truck to tow an evidence hold vehicle to the underground parking lot of
NCPD. The response of a NON low profile tow truck which cannot accommodate towing the
vehicle into the underground parking lot of NCPD does not qualify as fulfilling the Response
Time requirement.)
The Response Time for Towing Service shall not exceed twenty (20) minutes for tows inside the
jurisdictional limits of City.
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Due to the limited number, of out of City of National City jurisdiction towing service requests,
response times shall be evaluated on an individual basis for towing service requests outside of
the jurisdictional limits of City. Complaints or irregularities involving out of jurisdiction towing
requests shall be managed between the Contract Administrators.
Response Time is defined as the elapsed time between the relaying of the tow service request to
the Contractor and the arrival of the tow truck on scene.
The Contractor is expected to dispatch immediately any available tow truck that will fulfill the
tow need on scene upon receipt of a towing request.
The Contractor is expected to notify the National City Police Dispatch Center when the response
time requirement cannot be met. The Police Dispatcher or the officer at the scene will have the
discretion to cancel the tow if the response time cannot or is not met and re -dispatch to a
Secondary tow Contractor, at no cost to City. "Secondary tow contractor" refers to the next tow
company in rotation.
4.2 Response Time Computation
Response time is computed from the time the police dispatcher enters the request for a tow into
the dispatch CAD system and the Contractor arrives on scene. The on -scene investigating officer
shall notify dispatch of the tow truck arrival. The police department computer aided dispatch
system shall be the final resolution of any actual time dispute regarding response times. Any
failure to record relevant times by the on -duty dispatcher shall not be considered in any penalty
assessment.
4.3 Response Time - Penalty
Failure to arrive at the requested location within the prescribed response time may result in
cancellation of the service request. The secondary tow contractor may be notified.
4.4 Response Time - Penalty Assessment
Contractor shall pay a five hundred dollar ($500.00) penalty if more than five
percent (5%) of the tows in any calendar month period exceed the maximum response time
requirement per any single request by the City for towing services.
Failure to meet Response Time requirements may result in termination of this Agreement.
.5.0 ON -CALL CONTRACTOR and CONTRACTOR ROTATION SCHEDULE
5.1 Contractor On -Call & Rotation
The Contractor on -call rotation shall run, for two contractors - from 0001 hours on the first day
of the month to midnight on the 15th day of the month for one contractor and from 0001 hours on
the 15th day of the month to midnight on the last day of the month; for three contractors — from
0001 hours on the first day of the month to midnight on the 10th day of the month for the first
contractor, from 0001 hours on the 11th day of the month to midnight on the 20th day of the
month for the second contractor, and from 0001 hours on the 21st day of the month to midnight
on the last day of the month for the third contractor.
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The Traffic Division Sergeant will do the selection for the on -call rotation at the beginning of
each contract year. The Traffic Division Sergeant will select the Contractor rotation by an
impartial means agreeable to contractors involved. Should all Contractors not meet an
agreement as to means the Traffic Division Sergeant will make the selection, the means will be
directed by the Chief of Police and the Chiefs decision will be final.
Any Contractor selected as the first in the rotation schedule at the beginning of a contract year
will begin the first day of the contract.
It is understood that the number of contractors selected divided into the number of days per
month may not result in each contractor having the same number of overall tow days per year.
In the event this Contract is extended pursuant to section 3.3 Option for Renewal, the schedule
will continue to rotate as reflected.
6.0 GENERAL DUTIES, REQUIREMENTS and OBLIGATIONS
6.1 Business License
Contractor shall at all times during the term of this Agreement retain a valid City Business
License in compliance with National City Municipal Code § 6.04 et seq.
Contractor businesses and storage lots located within the jurisdictional limits of the City of
National City must conform to all City of National City building ordinances, zoning regulations,
land use requirements and must have the approval of the City Planning Department.
Contractor businesses and storage lots located outside the jurisdictional limits of the City of
National City must conform to all City (if located within an incorporated City) or County (if
located within an unincorporated County area) building ordinances, zoning regulations, land use
requirements within the jurisdiction of location.
6.2 Contractor Availability - Response to Service Requests
Contractor shall be available to promptly respond twenty-four (24) hours a day, seven (7) days a
week, including all holidays, consistent with the On -Call and Rotation Schedule, for all requests
initiated by City for towing services.
Upon award of Agreement, Contractors shall operate a dispatching system.
The tow dispatching system shall be sufficiently staffed and equipped to accept all telephone
calls, without delay, twenty-four (24) hours a day, seven (7) days a week. Delay is defined as the
City or the public receiving no answer after six (6) rings or busy signal to their telephone call.
Contractors using paging systems are required to respond to a page within five (5) minutes of the
initial page by the City.
The City does not currently have plans for adding automated tow dispatching to the existing
NCPD dispatch system. Therefore, the City is not requiring any Contractor to purchase
equipment to be used to integrate into an automated tow dispatching system. It will be up to the
Contractor to ensure they are able to meet the response time requirements of the Contract by
whatever means they deem appropriate.
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Since there are no current plans to add automated tow dispatching to the existing NCPD dispatch
system there are no minimum requirements established for such a system upgrade at this time.
6.3 Contractor Towing Forfeited Vehicles
The Contractor shall tow all forfeited vehicles, as ordered by the City.
The Contractor shall not drive the forfeited vehicles except to move them within the storage
facility. Use of vehicles for personal use or other use not permitted herein is strictly prohibited,
and constitutes a material breach of this Agreement.
In the event it is found that a towed vehicle is subject to forfeiture, the City shall arrange for the
vehicle to be picked up from the Contractor's storage facility and the Contractor shall invoice the
National City Police Department for all towing and storage fees.
6.4 Contractor Availability - Vehicle Release
Contractor shall be available to release vehicles to their owners, agents or authorized
representatives, twenty-four (24) hours a day, seven (7) days a week, including all holidays.
6.5 Business Office
Contractor shall maintain a functional business office within the location of the yard used to
store police initiated tows.
6.6 Business Office Hours
Contractor shall adequately staff their business office in order to remain open and available to
meet the public during the normal business office hours. The business office of the Contractor
shall be located within the storage yard for which a towed vehicle is located and be open to serve
the public and the City from 0800 to 1800 hours, Monday through Friday, except for City
observed holidays. City observed holidays are:
New Years Day, Dr. Martin Luther King Jr.'s Birthday, Caesar Chavez Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day and the Friday after, and Christmas Eve and
Christmas Day.
6.7 Contractor's Employees
All drivers must maintain a professional appearance. Staff shall work in a neat and clean
uniform. The Contractor shall furnish staff with a shirt or some other type of outerwear bearing
the company name and logo. Appropriate clothing will be worn at all times including by
employees that are being trained. All employees will conduct themselves in a professional
manner when interacting with the public or City employees.
Within ten (10) days of award, Contractor shall provide the National City Police Department
Traffic Division Sergeant with the names of all employees that will be assigned to the
Agreement. Drivers and other employees associated with the processing and removal of vehicles
shall be subject to a complete background investigation.
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The Contractor will notify, within ten (10) days, National City Police Department Traffic
Division Sergeant whenever a new employee is hired that is assigned to perform duties under the
Agreement or may have access to vehicles impounded pursuant to police request.
Contractor shall ensure that all tow truck drivers responding to calls initiated by the City are
properly licensed, qualified and competent employees. The Contractor shall ensure all tow truck
drivers are trained and proficient in the use of the tow truck and related equipment, including, but
not limited to, the procedures necessary for the safe towing and recovery of ALL vehicles. All
tow truck drivers shall possess the proper class license and certificates for towing vehicles, along
with a Class 'A' endorsement to allow operation of special vehicle configurations and/or special
cargos.
Contractor's employees shall be qualified to perform all work undertaken by or assigned to them.
In the event a driver or the equipment is inadequate and the Contractor is unable to service the
request, a charge for service or labor will not be permitted.
Contractor shall have all tow truck drivers involved with NCPD's rotation tow operations
participate in a controlled substance and alcohol testing (CSAT) program.
1) Drivers requiring a Class A, Class B, or commercial Class C license
(endorsed for hazardous materials transportation) shall participate in a CSAT
program as defined in the Code of Federal Regulations, Title 49, Parts 40 and 382.
2) Those drivers that are not required to possess a Class A, Class B, or
commercial Class C license shall be enrolled in a CSAT program substantially
similar to the requirements as outlined in Section I) above.
3) The Contractor shall ensure selection pools for commercially and non -
commercially licensed drivers are maintained separately. The Contractor shall
provide proof records of their CSAT programs to NCPD.
4) A driver possessing a non-commercial driver's license who tests positive
but subsequently returns with a negative test result shall meet the same
reinstatement requirements as a driver required to possess a commercial driver's
license.
6.8 Signs
In compliance with California Civil Code § 3070 (E), Contractor shall display inside the business
office, in plain view at the cashier's station, a sign. Said sign shall not be less than 17 by 22
inches in size, with lettering not less than one inch in height, disclosing all storage fees and
charges in force, including the maximum daily storage rate. Posting of the Fee Schedule
(Attachment A) in the appropriate size and lettering complies with CCC § 3070 (E).
Additionally, Contractor is required by California Vehicle Code § 22850.3 (b) to display in a
conspicuous place a notice to the effect that a vehicle impounded at the direction of the Police
Department may only be released upon proof of current registration. Said notice must include the
name and telephone number of the local police agency that caused the vehicle to be stored.
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6.9 Method of Payment - Towing or Storage Charges (22651.1 CVC)
At a minimum, Contractor shall accept a valid bank credit card or cash for payment of towing
and storage by the registered owner, legal owner, or the owner's agent claiming the vehicle.
Pursuant to California Civil Code § 1748.1, Contractor shall not impose a surcharge on a
cardholder who elects to use a credit card in lieu of cash for payment of any fees pursuant to this
Agreement. In addition, Contractor shall have sufficient funds on the premises to accommodate
and make change in a reasonable monetary transaction.
6.10 Storage of Vehicles; City, Seized
Contractor shall immediately provide written notice to the National City Police Department
Traffic Unit whenever a city vehicle or seized vehicle is stored in excess of forty-eight (48)
hours. Failure to provide the required written notification to the City may result in forfeiture of
Contractor's right to storage fees.
The Contractor shall provide invoices to the National City Police Department Operations
Assistant for the towing of each City owned and each seized vehicle. The invoices shall include
the description of the vehicle, the date, time, origin, and disposition of the towed vehicle, name
and identification number of City employee authorizing the tow and/or storage, the mileage
starting and finishing at destination, and an itemized cost of services provided (mileage, number
of storage days) commensurate with the attached rate schedule. Invoices shall be delivered to the
National City Police Department Operations Assistant no later than the fifteenth (15th) of the
month following services rendered. City shall make payment for services rendered on a monthly
basis from month previous.
6.11 Removal from Private Property
Pursuant to California Vehicle Code § 22658(h), a towing company may impose a charge of not
more than one-half of the regular towing charge for the towing of a vehicle at the request of the
owner of private property or that owner's agent pursuant to this section if the owner of the
vehicle or the owner's agent returns to the vehicle before it is removed from private property.
The regular towing charge may only be imposed after the vehicle has been removed from the
property and is in transit.
Pursuant to sub -section (i) (2), if a vehicle is released within 24 hours from the time the vehicle
is brought into the storage facility, regardless of the calendar date, the storage charge shall be for
only one day. Not more than one day's storage charge may be required for any vehicle released
the same day that it is stored.
6.12 Notice to City - Private Property Impounds
In addition to the requirements set forth in California Vehicle Code § 22658, Contractor agrees
to notify the National City Police Department of all vehicle impounds from private property,
within the jurisdictional limits of City, that result in storage of the vehicle. Notice shall include
but not be limited to a complete description of the vehicle including the vehicle identification
number, location of impound and name of property owner or agent who authorized the impound.
Notice shall occur within one hour of taking possession of the vehicle. Generally, private
property impounds are considered On -Demand Tows.
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6.13 Gratuities (12110 CVC)
Contractor or Contractor's employees shall not offer or provide City, and no City employee shall
accept any direct or indirect commission, reduced fee, gift, recreation, favors, seasonal gratuity,
or any compensation whatsoever from Contractor. No City employee shall offer or provide
Contractor with any gift, recreation, favor, seasonal gratuity, or any compensation whatsoever.
No City employee is permitted to purchase a lien sold vehicle from Contractor that resulted
from a police initiated tow or referral tow. City employees shall not purchase any vehicle or
vehicle part from Contractor for a reduced fee or a fee below the prevailing rate as determined
by industry standards. The intent of this section is to avoid the mere appearance of impropriety
involving the contractual relationship.
Contractor or Contractor's employees are prohibited from accepting any money or anything of
value from a repair shop for delivery or the arranging of a delivery of a vehicle for the purpose
of storage or repair. Nothing in this section is intended to preclude Contractor from charging a
repair shop appropriate towing fees pursuant to the Fee Schedule.
No benefit provided to City by Contractor, or benefit provided to Contractor by City, as
defined in the terms and conditions of this Agreement that resulted from the process of
negotiations, shall be considered a gift or gratuity within the meaning of this section.
6.14 Tow Truck Driver - On -Scene Duties
Upon arriving on -scene of a police initiated tow, the Contractor's employee shall report to the
investigating Peace Officer in charge. The officer -in -charge shall make every reasonable effort
to inform Contractor's employee of any unusual circumstance or hazardous condition
reasonably known to the officer. Contractor's employee shall make every reasonable effort to
inform the officer -in -charge of any unusual circumstance or hazardous condition undetected by
the officer -in -charge. The officer -in -charge may request additional towing services from the
Contractor's employee and the officer -in -charge shall have the authority to waive the Response
Time requirements for additional services based on the on -scene needs. Contractor's employee
shall make every reasonable effort to comply with instructions or directions provided by the
officer -in -charge. Contractor's employee may make any emergency alterations reasonably
required to safely move and/or impound vehicles.
Contractor shall be responsible for removing and appropriately disposing of collision related
debris from the public right-of-way to ensure public safety. Contractor shall also remove or
render inert any liquid debris that may reasonably be considered a safety hazard to the public -
right -of -way. If the removal of any type of debris or hazardous material is beyond the
capability of Contractor, Contractor's employee shall inform the officer -in -charge so
accommodations can be made.
6.15 Access to Stored Vehicles
During regular business hours, Contractor shall make vehicles stored at the request of City
available to that vehicle's registered owner, a person who can be verified to be the registered
owner's agent, insurance agents, insurance adjusters, or representatives of automotive repair
businesses for the purpose or estimating or appraising damages.
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6.16 Access to Stored Vehicles — Removal of Private Property
Pursuant to California Vehicle Code § 22851(b), no lien shall attach to any personal property in
or on the vehicle. The personal property in or on the vehicle shall be given to the current
registered owner or the owner's authorized agent upon demand. The lien holder shall not be
responsible for personal property after any vehicle has been disposed of pursuant to Division 11,
Chapter 10 of the California Vehicle Code.
Pursuant to California Civil Code § 3068.1, the lien is deemed to arise on the date of possession
of the vehicle. Possession is deemed to arise when the vehicle is removed and is in transit.
6.17 Access to Evidentiary Vehicles
Vehicles impounded by City for investigative purposes pursuant to California Vehicle Code
Sections 22655 or 22655.5 shall be held in maximally secured, nonpublic areas of Contractor's
property, until the vehicle is released by order of City or in conformance with section 8.3 of this
Agreement.
No person other than a Police Officer, Reserve Police Officer, Field Evidence Technician,
Property & Evidence Unit employee or Crime Scene Specialist employed by City shall remove
any property or other contents from evidentiary vehicles. Property removed from such vehicles
shall be recorded as removed on the content inventory and the content inventory dated and
signed by the Police Officer, Reserve Police Officer, Field Evidence Technician, Property &
Evidence Unit employee or Crime Scene Specialist removing the property and by a
representative of the Contractor.
6.18 Invoices
All invoices for towing and impounds pursuant to this Agreement shall clearly and individually
itemize each and every specific charge or fee type. Daily storage fees shall be itemized on a per
day basis, for example: 10 days storage @ $ per day. All itemized City fees of all types shall be
documented on the invoice. The customer shall be provided no less than one copy of the invoice,
after all fees have been paid and the invoice marked "Paid."
6.19 Vehicle Impound Control Card (PD form 250)
A Vehicle Impound Control Card (PD Form 250) shall be completed. when a police hold is
placed on a towed vehicle. The impounding officer shall obtain a case number and enter the case
number on the control card before giving the tow truck driver a copy of the control card.
Contractor shall not be liable for uncollected City S.T.O.P. fees when the Vehicle Impound
Control Card (PD Form 250) is not properly completed by the impounding officer. PD Form 250
shall contain the lawful authority to impound pursuant to the California Vehicle Code. However,
the impounding officer may elect to use the words "Admin Fee Applies" listed in the OTHER
section of the form.
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6.20 Proceeds from Lien sale
In conformance with California Civil Code § 3073 and California Vehicle Code § 22850.5, the
proceeds from the lien sale of any vehicle impounded pursuant to the Negligent Vehicle
Impound Release (NVIR) program or the Serious Traffic Offender Program (S.T.O.P.) shall be
distributed in the following order:
1. Any and all costs necessary to discharge the lien, including but not limited to impound
and storage fees, and the costs of processing the vehicle for lien sale shall be paid to the
(lien holder) Contractor.
2. Any and all City administrative fees, including individual fees or any partial fees
associated with the S.T.O.P. and/or NVIR programs, shall be paid to City. Any partial
fees recovered by City, resulting from the lien sale, shall first be attributed to the S.T.O.P.
program.
3. The balance, if any, shall be forwarded to the California Department of Motor Vehicles
for deposit in the Motor Vehicle Account in the State Transportation Fund.
7.0 FEES
7.1 Fee Schedule
Attachment A to this Agreement provides a complete schedule of all charges and fees the
Contractor will be authorized to collect from consumers for towing, impound, and storage
services rendered on behalf of City. The Attachment A rate schedule shall remain in place unless
and until amended by the City Council of the City of National City, pursuant to section 3.5 Re -
Opener - Fee Schedule, of this Agreement.
The schedule of rates charged by the operator shall be available in the tow truck, and shall be
presented upon demand to person(s) for whom the tow services were provided, or his/her agent,
or any representative of the City at the scene.
In the event of a significant or substantial increase in operating expenses, which was not caused
by any action of the Contractor, a temporary surcharge may be added in the current rates for any
and all of the services provided pursuant to this agreement. The Contractor shall petition the
City for the increase in towing and storage rates and provide supporting documentation. Any
surcharge is subject to approval by the City.
Rate changes may be sought and approved at the discretion of the City. This process may be
instituted by routine cost of service evaluation by the City or by request of the Contractor. It is
understood that there may be a need for rate changes during the term of the Contract. Therefore,
during the term of the Contract, should any Contractor make a request for rate changes, the
Contract Administrator will forward the request appropriately for consideration.
No rate adjustments will be considered without City Council approval.
Any cost -of -living increase to the tow rates shall be calculated from the Consumer Price Index
(CPI) as published for the first quarter of each calendar year. In any year in which this index is
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not available, the City shall ascertain and utilize some similar criterion and establish,
retroactively, a figure for the computation.
Any increase in the City Standard Rates will trigger a proportional increase in the City's Referral
Fee beginning of July 1st of each contract year.
7.2 Secondary Tow Fees
Secondary towing fees are the responsibility of the vehicle owner, operator or agent. If it is
determined that City is liable for the secondary tow fees, Contractor shall charge City 50% of the
Basic Tow Fee for Secondary Tows, if applicable.
No storage fees shall accrue while the subject vehicle is in the actual possession of the National
City Police Department. Police personnel shall not release a vehicle from the National City
Police Department until all Contractor fees have been paid to Contractor by the vehicle owner,
operator or agent. In the event a vehicle is released from the police department and Contractor
fees were not paid, City shall be liable for the full fee.
7.3 City Vehicle Tow Fees
Contractor agrees not to charge City a fee for the towing of marked or unmarked City police
vehicles whether the tow resulted from mechanical breakdown or collision within the
jurisdictional limits of National City.
Contractor shall charge City 25% of the Basic Tow Fee for the towing of all other City vehicles
whether the tow resulted from mechanical breakdown or collision within the jurisdictional limits
of National City.
Fees for all City vehicle tows including police vehicles, which occur outside the jurisdictional
limits of National City, shall be resolved between the Contract Administrators but shall not
exceed 25% of the basic tow fee.
7.4 Fees - Police Department Errors and Omissions
When any vehicle has been directed by the City to be towed and it is established that the tow
was in error through a mistake of fact, Contractor shall release the vehicle to its owner, operator
or agent at no cost. Contractor shall bill City at no more than 50% of the basic tow fee.
If an error by City results in a vehicle being stored longer than it can reasonably be established
that it should have been, Contractor shall release the vehicle and bill the owner, operator or agent
only those storage charges that would have accrued if no error had occurred. Contractor shall bill
City storage fees at no more than $2.50 per day for every day beyond the owner, operator or
agents responsibility.
If the error in towing or storage is discovered after the vehicle owner, operator or agent recovers
the vehicle and all fees have been paid to Contractor, the owner, operator, or agent may be
referred to the City Clerk, City of National City to file a Claim for Damages against City.
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7.5 Referral Fee
The total annual Referral Fee due to the City shall be one hundred twenty-two thousand five
hundred twenty dollars ($122,520.00), divided equally amongst the tow operators awarded
contracts, and paid quarterly. Contractor shall make quarterly Referral Fee payments to City for
the right to provide towing and storage service to City. The minimum Referral Fee payment
amount per Contractor, when two contractors have been awarded, shall be fifteen thousand three
hundred fifteen dollars ($15,315.00) per quarter. The Referral Fee shall be payable for a period
of two (2) years subject to adjustments as defined in Section 3.4 - Re -Opener Clause - Referral
Fee. The referral fee shall continue in the above described manner in the event of a Contract
extension renewal.
7.6 Referral Fee - Due Date
The Referral Fee payment shall be due and payable no later than the fifteenth (15th) day of the
calendar month following the end of each quarter, pursuant to the following schedule:
First Contract Year; Quarter End Dates
I' Quarter— January 15, 2012
2"d Quarter — April 15, 2012
3rd Quarter —July 15, 2012
4th Quarter — October 15, 2012
Second Contract Year; Quarter End Dates
1st Quarter — January 15, 2013
2"d Quarter — April 15, 2013
3`d Quarter —July 15, 2013
4th Quarter — October 15, 2013
7.7 Referral Fee - Late Fee
Any amount owed to the City more than fifteen (15) calendar days beyond the due date, shall be
considered delinquent and will be in breach of contract. Failure to pay any amount owed to the
City may result in the Contractor being suspended from the contract until such amount is paid.
Interest will be charged on unpaid amounts at the maximum rate permitted by law. Partial
payments will not be accepted.
7.8 Referral Fee - Payments
The Referral Fee is payable to "City of National City." Payments shall be directed as follows:
Operations Assistant
National City Police Department
1200 National City Blvd., National City, CA 91950
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Upon receipt and no later than five days from receipt, the Operations Assistant shall record and
account for the Referral Fee payment consistent with the terms of this agreement and forward the
payment to the City Finance Department for deposit in Revenue Account Number 001-11000-
3558.
7.9 Negligent Vehicle Impound Release (NVIR) Fee
The Negligent Vehicle Impound Release Fee shall be an amount established by City. Said fee is
one hundred twenty four ($124) dollars. The NVIR fee is recognized as a necessary and effective
method of generating those revenues necessary to off set program costs, services and facilities.
The NVIR fee applies only to vehicles released by Contractor for violating certain sections of the
California Vehicle Code (CVC) and/or the National City Municipal Code (NCMC). See
Attachment B for a list of applicable sections.
7.10 NVIR Fee - Collection
Contractor shall collect the NVIR fee of one hundred twenty four ($124) dollars per vehicle,
upon the release of any vehicle impounded pursuant to the above listed California Vehicle Code
sections. Contractor shall remit the collected fees to City pursuant to the below listed payment
schedule.. The collected NVIR fees shall be properly identified and itemized.
7.11 NVIR Fee - Payment Due Date
NVIR fees collected by Contractor shall be due and payable to City no later than the fifth (5th)
day of each month and the twentieth (20`h) day of each month.
Payments due on the fifth (5`h) day of each month shall include and account for all vehicles
released by Contractor between the sixteenth (16th) day of the month, and the last day of the
month, (inclusive).
Payments due on the twentieth (20`h) day of the month shall include and account for all vehicles
released by Contractor between the first (1st) day of the month and the fifteenth (15`h) day of the
month, (inclusive).
7.12 NVIR Fee -Payments
The NVIR Fee is payable to "City of National City." Payment shall be directed as follows:
Operations Assistant
National City Police Department
1200 National City Blvd. National City, CA 91950
Upon receipt and no later than five days from receipt, the Operations Assistant shall record and
account for the NVIR Fee payment, consistent with the terms of this agreement and forward the
payment to the City Finance Department for deposit in Revenue Account Number 001-04049-
3551.
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7.13 NVIR Fee Payment - Late Fee
Any amount owed to the City more than fifteen (15) calendar days beyond the due date, shall be
considered delinquent and will be in breach of contract. Failure to pay any amount owed to the
City may result in the Contractor being suspended from the contract until such amount is paid.
Interest will be charged on unpaid amounts at the maximum rate permitted by law. Partial
payments will not be accepted.
7.14 Serious Traffic Offender Program (S.T.O.P.) Impound Fee
The Serious Traffic Offender Program Fee shall be an amount established by City. Said fee is
one hundred fifty ($150) dollars. The S.T.O.P. fee is recognized as a necessary and effective
method of generating revenues necessary to off set program costs, services and facilities.
Vehicles impounded by City pursuant to the S.T.O.P. program shall be released by City, upon
expiration of a 30 day hold and shall only be released by City upon a showing of proof that the
owner, operator or agent has a valid driver's license.
Contractor shall collect S.T.O.P. fees prior to the actual release of the vehicle. Contractor shall
remit the collected S.T.O.P. fees to City pursuant to the below listed payment schedule. The
S.T.O.P. fees shall be properly identified and itemized. The S.T.O.P. fee applies only to vehicles
impounded pursuant to certain California Vehicle Code Sections. (See Attachment C for a list of
applicable sections.)
7.15 S.T.O.P. Impound Fees - Due Date
S.T.O.P. program fees collected by Contractor shall be due and payable to City no later than the
fifth (5th) day of each month and the twentieth (20th) day of each month.
Payments due on the fifth (5th) day of each month shall include and account for all vehicles
released by Contractor between the sixteenth (16th) day of the month, and the last day of the
month, (inclusive).
Payments due on the twentieth (20th) day of the month shall include and account for all vehicles
released by Contractor between the first (1st) day of the month and the fifteenth (15th) day of the
month, inclusive.
7.16 S.T.O.P. Fee -Payment
The S.T.O.P. program fee is payable to "City of National City." Payment shall be directed as
follows:
Operations Assistant
National City Police Department
1200 National City Blvd. National City, CA 91950
Upon receipt and no later than five days from receipt, the Operations Assistant shall record and
account for the S.T.O.P. fees consistent with the terms of this agreement. The S.T.O.P. fee of
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one -hundred fifty ($150) dollars per vehicle shall be divided and deposited with the City Finance
Department as follows:
Amount Revenue Account Number
$125.00 191-11000-3550
$ 25.00 001-11000-3550
7.17 S.T.O.P. - Late Fee
Any amount owed to the City more than fifteen (15) calendar days beyond the due date, shall be
considered delinquent and will be in breach of contract. Failure to pay any amount owed to the
City may result in the Contractor being suspended from the contract until such amount is paid.
Interest will be charged on unpaid amounts at the maximum rate permitted by law. Partial
payments will not be accepted.
7.18 S.T.O.P.; 30-Day Vehicle Impound Fees
Pursuant to the Serious Traffic Offender Program certain vehicles are impounded and held in
impound for thirty (30) days. Said vehicles accrue Contractor's daily storage fees according to
the attached Fee Schedule. In addition to any other administrative fees herein identified,
Contractor shall pay CITY, fifteen (15%) percent of the total storage fee, when the vehicle is
held for 30 days and subsequently released to the vehicle owner, operator or agent. Any revenue
recovered as a result of this section shall be used to defray and off set police costs associated
with the operation of the S.T.O.P. program. This fifteen (15%) percent fee shall not apply to
S.T.O.P. vehicles not held for the 30-day period. This fee shall apply to the lien sale process,
consistent with section 6.17 of this Agreement.
7.19 30-Day Impound Fees - Due Date and Payment
Revenue received as a result of section 7.18 shall be distinguished from any other administrative
fee or revenue and shall be due and payable consistent with sections 7.15 through 7.17. Any
proceeds received from the S.T.O.P. 30-Day Vehicle Impound shall be deposited into Revenue
Account Number 191-110003550.
8.0 VEHICLE RELEASE
8.1 General Rule - Vehicle Release
As a general rule, Contractor shall be responsible for the release of all vehicles in Contractor's
possession as a result of police initiated or referral tows.
8.2 Exceptions to General Rule
Vehicles impounded pursuant to the following California Vehicle Code Sections shall not be
released by Contractor. Contractor shall refer the vehicle owner, operator or agent to the police
department to obtain a release:
1. 14602.6 - S.T.O.P. Program
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2. 22651 (i) - Five or more Parking Citations
3. 22655 - Hit & Run Investigation
4. 22655.5 - Evidentiary Reasons
8.3 Hit & Run Investigation - Mandatory Release 22655(b) CVC
Any vehicle impounded for hit & run investigation (20002 thru 20006 CVC), pursuant to the
authority of California Vehicle Code § 22655, shall be released within 48 hours after removal
from highway or private property. When determining the 48 hour period, weekends, and holidays
shall not be included. Any vehicle not released by City within the maximum 48 hour period,
shall be released by Contractor upon demand of the vehicle owner, operator or agent upon the
expiration of the 48 hour period, regardless of City hold status.
8.4 Questions, Problems, or Controversy Associated with Vehicle Release
In the event Contractor experiences problems, questions or controversy associated with a
customer demanding the release of a police initiated or referral tow, Contractor shall notify the
police department. Additionally, if Contractor discovers a questionable DMV document, an
officer shall be dispatched to resolve the problem.
8.5 Expert Training - DMV Document Identification
During the term of this Agreement and at Contractor's request, City may provide Contractor,
Contractor's employees, and new employees with training in the identification and recognition of
all relevant California Department of Motor Vehicles documents including but not limited to
California Drivers License and California Vehicle Registration documents. A recognized expert
employed by the California Department of Motor Vehicles shall conduct training. Training shall
include but not be limited to recognition and identification of counterfeit, altered, or forged
California Driver's License and California Registration and Title Certificates. The Contract
Administrators shall coordinate date, time and location of training.
9.0 MINIMUM TRUCK EQUIPMENT and STORAGE LOT REQUIREMENTS
At all times during the term of this Agreement, Contractor shall meet the following minimum
tow truck equipment requirements and storage lot requirements:
9.1 Minimum Tow Truck Requirements
During the term of this Agreement, Contractor shall have available no less than three tow rigs of
at least one -ton capacity. Each tow rig shall have dual rear wheels. Each vehicle used for towing
police impounds shall have a manufacturer's gross vehicle weight rating (GVWR) of not less
than 14,500 pounds. During the term of this Agreement, Contractor shall have a tow rig capable
of towing large, oversize vehicles; including Class B (minimum 26,001 GVWR), Class C
(minimum 48,000 GVWR), and Class D (minimum 52,000 GVWR). Truck with Landoll type
trailers acceptable for Class C and Class D towing.
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In addition, during the term of this Agreement, Contractor shall have available one tow rig,
commonly known as a "Sub -Garage Tow Vehicle," capable of entering and removing impounded
vehicles from the underground parking garage of the National City Police Department. The sub -
garage tow vehicle is a limited use vehicle and does not require dual wheels or a GVWR of
14,500 pounds. Contractor shall have a vehicle capable of towing/recovery from off road areas.
9.2 Minimum Tow Truck Equipment Requirements
Each tow truck responding to requests for police initiated towing and impound services shall be
equipped with radio communications equipment capable of effecting two-way radio
communications between the tow truck operator and Contractor's dispatching operation. Citizen
Band radios shall not be used to meet this requirement.
Each tow truck shall have a maximum 8,000 pound capacity winch that is power driven by
power takeoff from transmission, in both directions, and equipped with safety dogs or an
adequate braking system. Winches must be fitted with a minimum of 100 feet of cable for
recovery tasks. Roll back car carriers must be fitted with a minimum of 50 feet of cable. All
cable (wire rope) must be maintained in good condition. Only wire rope with swaged ends,
wedge locks or braided ends, with metal sleeves in the loops shall be approved for use under the
terms of this agreement. Consistent with the California Code of Regulations, Title 13, § 1305(b),
wire rope is not in good condition when it is stranded, knotted, crushed, excessively rusted,
kinked, badly worn, when there are 12 or more wires broken in lay length, or where there is other
visible evidence of loss of strength.
Contractor shall maintain dollies for use by in-service tow trucks providing police towing
services to City. Each tow truck, with the exception of slide back carriers, shall carry its own set
of dollies.
Each tow truck shall be equipped with no less than two safety chains. No less than two safety
chains shall be used for each vehicle being towed. Each safety chain shall be rated at no less than
the rating specified by the original equipment manufacturer (OEM). The safety chains shall be
securely affixed to the bed frame or wrecker boom, independent of the towing sling, bar, hitch,
wheel lift, or under lift towing equipment. The towed vehicle shall be secured to the towing
equipment independent of the safety chains by either two chains or two straps. All safety
connections and attachments shall have a positive means, of sufficient strength, to ensure that the
safety connection or attachment cannot become disengaged while in transit. Vehicles being
transported on slide back carriers shall be secured by four tie down chains or straps, independent
of the winch or loading cable.
In addition to the requirements set forth in California Vehicle Code § 27700, City requires
Contractor to equip each tow truck with red flares, lanterns or reflectors, hand tools (screw
drivers, pliers, ratchet and sockets, crescent wrenches, metric and standard lug wrenches), bolt
cutters, six foot crowbar, rope, broom, shovel, dustpan, fire extinguisher (dry chemical or carbon
dioxide type), utility flood lamps, portable red taillights and stoplights for towed vehicles,
equipment for opening locked vehicles, safety snubber chains, and a trash can with absorbent
material.
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Each tow truck shall be equipped with disposable (one time use) latex or rubber gloves for use
by Contractor's employees to prevent contamination or contact with potential blood borne
pathogens. The decision to use said equipment rests solely with Contractor.
9.3 Tow Truck Identification
Each tow truck responding to police initiated towing and impound services shall, on both sides of
the vehicle, conspicuously bear Contractor's company name, local address, and local phone
number(s) in lettering that complies with California Vehicle Code § 27907.
9.4 Tow Truck Lighting Equipment
Each tow truck responding to police initiated towing and impound services shall be equipped
with lighting systems as required by California Vehicle Code Sections 24605, 24606 and 25253.
Additionally, tow trucks shall be equipped with utility lamp lighting systems than comply with
California Vehicle Code § 25110.
9.5 California Highway Patrol Inspection Certification
During each year of this Agreement, Contractor shall obtain and retain an annual California
Highway Patrol (CHP) tow truck safety inspection certification. Contractor shall annually be
able to show proof that every vehicle in each category required for service under this Agreement
providing services to the City has passed a CHP tow truck safety inspection. Tow trucks not
passing inspections or meeting the requirements of this section shall immediately be removed
from rotation. The tow truck may return to rotation once the truck has successfully passed a re -
inspection by the original inspecting agency.
Nothing in this section is intended to prevent, or preclude the National City Police Department
from performing periodic unscheduled inspections to insure compliance with the requirements of
the California Vehicle Code and this Agreement.
9.6 Tow Truck Maintenance
Each tow truck responding to police initiated towing and impound services shall be well
maintained and reasonably clean on the exterior and interior and should reflect the clean,
professional image of the City of National City.
9.7 Storage Lot, Minimum Requirements
There shall be a minimum of one (1) vehicle storage yard within ten (10) miles of the boundary
of the City of National City with adequate storage capabilities for all vehicles retrieved from the
City and requiring storage. The Contractor shall identify the exact location and size of any
storage yards to be used pursuant to this contract.
The storage yard shall be approximately 10,000 sq. ft. and have space necessary to accommodate
all Police Department tows and comply with all applicable Building Codes and Zoning
Regulations (including but not limited to: Fire, Sign, Zoning, and Building Codes). There shall
also be the following:
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1. Be completely enclosed by an 8-foot solid high fence with a lockable gate. Construction
of the fence and gates must be of sufficient construction to prevent entry into the storage
area of unauthorized persons or vehicles.
2. Alarms and intrusion sensors that provide immediate notification capabilities at all times
or similar devices or security measures.
3. Sufficient lighting to detect unauthorized entrance at night.
4. The storage yard shall be served by drainage facilities adequate to prevent the
accumulation of standing water. The vehicle storage area must remain free of mud, pools
of standing water, debris, or other elements that would be harmful to the stored vehicle,
vehicle contents, or to persons viewing, inspecting or recovering the vehicles. The
vehicle storage area, including all driveways and access roads, shall be surfaced in a
manner so as to prevent the listed conditions. An acceptable surface includes concrete,
asphalt, asphaltic concrete, or decomposed granite with oil.
5. All areas open to vehicular traffic shall be paved with cement, asphalt surfacing or oil and
aggregate mixture.
6. The entire site is to be continuously maintained to prevent accumulation of trash,
combustible waste, and hazardous debris.
7. The storage yard must be a reasonable distance from public transportation.
8. Stored vehicles shall be arranged to provide reasonable and immediate inspection at any
time by the City's agents.
The Contractor shall provide service to the public twenty-four (24) hours a day, seven (7) days a
week so that an owner may pay towing and storage fees at the Storage Yard where their vehicle
is stored and obtain its release.
The Contractor is responsible for the reasonable care, custody, security, and control of any
property contained in towed or stored vehicles. All items removed from a vehicle or left stored
within the vehicle shall be released to the owner or agent of the impounded vehicle upon demand
during normal business hours unless the vehicle is under Police Evidence Hold.
9.8 Minimum Lighting Requirements - Storage Lot
There must be adequate lighting, and all yard and office construction must comply with
applicable building codes, fire codes, and zoning regulations. The minimum lighting
requirements per ten thousand (10,000) square feet are in effect unless zoning or other local
regulations dictate increased or diminished lighting requirements:
1. Four (4) 300-Watt incandescent medium -wide flood lights, or
2. Three (3) 300-Watt quartz halogen lights, or
3. Two (2) 100-Watt high-pressure sodium lights.
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9.9 Vehicle Examination Area
Contractor will set aside an area of sufficient size to place a standard sized passenger sedan and
have a minimum of forty-eight (48") inches from each side, the front, and rear of the vehicle for
the purpose of inspecting the vehicle. This examination area must be flat, level, and paved with
concrete, asphalt or asphaltic -concrete, or other suitable all weather surfaces.
9.10 Secure Area - Evidentiary Vehicles
Vehicles impounded by City for investigative purposes shall be held in a maximally secured,
non-public area of Contractor's property until released by City. Contractor shall insure, by the
use of various security devices and measures, including but not limited to walls, fences,
containers, buildings or the like, that no unauthorized person, whether intentionally or
accidentally can come into physical contact with evidentiary vehicles. Located within the storage
yard, Contractor shall set aside a secure area, sufficient in size to hold four (4) vehicles, with
sufficient room to walk around, open doors, and examine each separate vehicle.
9.11 Special Operations
During the Contract period, it is anticipated that numerous special police operations may be
conducted that require the towing of vehicles. An example of this type of operation is a
Sobriety/Driver's License checkpoint. The Police Department will attempt to equally distribute
these special operations between the Contractors. However, many of these operations have
special date or period requirements beyond the control of the Police Department. Due to these
special requirements, a Contractor may obtain more operations than the other Contractor(s). The
Contractors agree to this potentially inequitable distribution of special operations as a
CityContractor.
10.0 INSURANCE REQUIREMENTS
10.1 Minimum Insurance Requirements
All required insurance shall be submitted to the City of National City by September 27, 2011.
All policies must have a thirty (30) day non -cancellation clause giving the City thirty (30) days
prior written notice in the event a policy is canceled.
At the end of each contract year, the City reserves the right to review insurance requirements and
to require more or less coverage depending upon assessment of the risk, the Contractor's past
experience, and the availability and affordability of increased liability insurance coverage.
Insurance coverage must be from an insurance carrier licensed in the State of California and
rated "A-, VI" or better by the A.M. Best Key Rating Guide.
All policies must be endorsed to provide that the insurance afforded by Contractor is primary to
any insurance or self-insurance maintained by City and its elected officials, officers, employees,
agents, and representatives as respects operations of the Named Insured. Any insurance or self
insurance maintained by City and its elected officials, officers, employees, agents, and
representatives shall be in excess of Contractor's insurance and shall not contribute to it.
The following coverage is required:
35
i. Commercial General Liability for a minimum of two million dollars each
occurrence ($2,000,000.00 EO). The City of National City must be named
as an additional insured on the certificate
ii. Automobile Liability for a minimum of two million dollars combined
single limit ($2,000,000.00 CSL) per person and two million dollars
($2,000,000.00) per accident. The City of National City must be named as
an additional insured on the certificate.
iii. Garage Keepers minimum of one million dollars each occurrence
($1,000,000.00 BO).
iv. On Hook/Cargo in amounts not less than fifty thousand dollars
($50,000.00) / twenty thousand dollars ($20,000.00) /one hundred thousand
dollars ($100,000.00), the maximum deductible shall be no more than two
thousand five hundred dollars ($2,500.00).
v. Workers' Compensation coverage in accordance with the laws of the State
of California. Policy must contain a Waiver of Subrogation of Rights
against the City of National City.
vi. The City does not require a performance bond.
If required insurance coverage is provided on a `claims made' rather than `occurrence'
form, the contractor shall maintain such insurance coverage for three years after
expiration of the term (and any extensions) of the contract.
Any aggregate insurance limits must apply solely to this Agreement.
10.2 Primary Insurance
The aforementioned policies shall constitute primary insurance as to the City, its officers,
employees, and volunteers, so that any other policies held by the City shall not contribute to any
loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to
the City of cancellation or material change. Said policies, except the workers' compensation
policy, shall name the City and its officers, agents and employees as additional insured's.
10.3 Claims Made vs. Occurrence Form
If required insurance coverage is provided on a "claims made" rather than "Occurrence" form,
the Contractor shall maintain such insurance coverage for three years after expiration of the term
(and any extensions) of this Agreement. The policy retroactive date coincides with or precedes
Contractor's commencement of work under this Agreement (including subsequent policies
purchased as renewals or replacements).
10.4 Aggregate Insurance Limits
Any aggregate insurance limits must apply solely to this Agreement.
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10.5 Insurance Company
Insurance shall be written with only California admitted companies which hold a current policy
holder's alphabetic and financial size category rating of not less than A; VIII according to the
current Best's Key Rating Guide, or a company of equal financial stability that is approved by the
City's Risk Manager. Any deductibles more than ten thousand dollars ($10,000) shall be declared
and approved by City.
10.6 Insurance Certification Requirement
This Agreement shall not take effect until certificate(s) or other sufficient proof that these
insurance provisions have been complied with, are filed with and approved by the City
Purchasing Agent at 1243 National City Boulevard, National City, California 91950. If the
Contractor does not keep all insurance policies in full force and effect at all times during the
terms of this agreement, the City may elect to treat the failure to maintain the requisite insurance
as a material breach of this Agreement and may terminate this Agreement as provided herein.
10.7 Insurance Requirement - Renew Option
If this Agreement is extended beyond its original term pursuant to section 3.3, the insurance
provisions may be updated at the option of City.
10.8 Limitations of Liabilities and Obligations
The foregoing requirements as to the types and limits of insurance coverage to be maintained by
the Contractor, and any approval of said insurance by the City, are not intended to and shall not
in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor
pursuant to the Agreement, including, but not limited to, the provisions concerning
indemnification, section 2.10.
10.9 Sub -Contractor and Insurance Requirement
Contractor shall make certain that all subcontractors hired by Contractor are insured in
accordance with this Agreement. If any subcontractor's coverage does not comply with the
foregoing provisions, Contractor shall indemnify and hold City harmless of and from any
damage, loss, cost, or expense, including attorneys' fees.
Contractor is prohibited from subcontracting the towing or impound services under this
Agreement.
11.0 CONSTRUCTION of AGREEMENT
The parties acknowledge and agree that (1) each party is of equal bargaining strength; (2) each
party has actively participated in the drafting, preparation and negotiation of this Agreement; (3)
each such party has consulted with or has had the opportunity to consult with its own,
independent counsel and such other professional advisors as such party has deemed appropriate,
relative to any and all matters contemplated under this Agreement; (4) each party and such
party's counsel and advisors have reviewed this Agreement; (5) each party has agreed to enter
into this Agreement following such review and the rendering of such advice; and (6) any rule or
construction to the effect that ambiguities are to be resolved against the drafting party shall not
37
apply in the interpretation of this Agreement, or any portions hereof, or any attachments, or any
amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and
year first above written.
CITY OF NATIONAL CITY A to Z Enterprises, Inc. dba RoadOne
By: By:
Ron Morrison, Mayor Dale Wineteer, President
APPROVED AS TO FORM:
Claudia Silva
City Attorney
City of National City
By:
BradT2amsey, Vice -President
38
ATTACHMENT A
TOWING FEE SCHEDULE
SERVICE
FEE
• BASIC TOWING Includes First Hour Hookup, Labor, Standby
Time, for vehicles Under 9,500 GVW (unloaded).
$ 160.00
• MEDIUM SIZE - BASIC TOWING INCLUDES FIRST
HOUR HOOKUP, LABOR, STANDBY TIME, FOR
VEHICLES OVER 9,500 GVW BUT LESS THAN 22,000
$ 185.00
• LARGE SIZE - BASIC TOWING INCLUDES FIRST
HOUR HOOKUP, LABOR, STANDBY TIME, FOR
VEHICLES OVER 22,000 GVW (UNLOADED).
• ON -SCENE OR STAND-BY LABOR = EACH 15-
MINUTE INCREMENT, BEYOND FIRST HOUR. IS
CHARGED ONLY WHEN EXTRA ORDINARY LABOR
MUST BE EXPENDED TO RECOVER A VEHICLE.
STAND-BY IS CHARGED WHEN THE JOB CANNOT BE
STARTED AND MUST BE EXPLAINED ON THE TOW
BILL.
$ 225.00
$ 40.00
• DOLLIES WILL ONLY BE USED WHEN THERE IS NOT A
LESS EXPENSIVE, SAFE MANNER OF HANDLING THE
SITUATION.
$ 55.00
• DRY RUN MAY ALSO BE KNOWN AS A "HOOK-UP —
DROP FEE" AND IS CHARGED WHEN THE VEHICLE IS
HOOKED UP AND THE OWNER RETURNS BEFORE THE
VEHICLE IS IN TRANSIT.
$ 50.00
• PER MILE TOWING APPLIES ONLY TO VEHICLES
RECOVERED OUTSIDE THE JURISDICTION OF THE CITY
OF NATIONAL CITY.
$ 5.00
• MAXIMUM STORAGE - PER DAY Per day is defined as a
24-hour period.
$ 40.00
• STORAGE PER HOUR Up to maximum of $15.00 per hour.
$ 15.00
• AFTER HOURS VEHICLE RELEASE After 6PM and before
8AM including weekends and all holidays.
$ 65.00
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• NOTIFICATION OF LIEN SALE Vehicle valued at less
than $4.000, (22851.12 CVC).
$ 70.00
• NOTIFICATION OF LIEN SALE Vehicle valued at over
$4,000. (22851.12 CVC).
$ 100.00
• POLICE EQUIPMENT TOWING Inside jurisdictional limits of
National City.
No Charge
• CITY EQUIPMENT TOWING Includes all City vehicles.
Also includes police vehicles towed from outside jurisdictional
limits of National City.
25% basic
tow fee
CITY ADMINISTRATIVE FEE'S
• NEGLIGENT VEHICLE IMPOUND RELEASE FEE $124.00
• SERIOUS TRAFFIC OFFENDER PROGRAM FEE $150.00
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ATTACHMENT B
Pursuant to Section 7.9 of this Agreement, the Negligent Vehicle Impound Release Fee shall
apply to vehicles impounded pursuant to the following California Vehicle Code sections
and/or National City Municipal Code sections. One or more the listed sections must be
included on the impounding documents.
22500 Et seq.
22500.1
22651 (a)
22651 (b)
22651 (d)
22651 (e)
22651 (h)
22651 (i)
22651 (j)
22651 (k)
22651 (1)
22651 (m)
22651 (n)
22651 (o) (1)
22651 (p)
22651 (r)
22652
22653 (c)
22655 (a)
California Vehicle Code
Prohibited Stopping, Standing, or Parking
Prohibited Stopping, Standing, or Parking: Fire Lane
Unattended on Bridge
Hazard to flow of traffic
Blocking a driveway
Blocking fire hydrant access
Operator taken into custody - not practical to park or lock
Unpaid parking citations
Illegally parked and no evidence of registration displayed
Parking over 72 hours
Temporary tow away signs for street repair
Highway authorization for other use, with 24-hour notice
No parking tow away signs posted
Expired registration in excess of six months
Unlicensed or suspended/ revoked license in violation of 12500,
14601,14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604.
Illegally parked, blocking a legally parked vehicle
Illegally parked in designated handicapped parking space
Removal from private property, at request of property owner,
when operator is taken into custody
Hit & Run suspect vehicle
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22656 Illegally parked or abandoned within 7-1/2 feet of nearest railroad rail
22669 Et seq.
Removal of Abandoned Vehicles as determined pursuant to
section 22523 CVC
National City Municipal Code
11.32.060 Illegally parked - 72 hour violation - vehicle removal
11.32.070 Illegally parked - Restricted hours - vehicle removal
11.32.160 Illegally parked - Emergency parking - vehicle removal
11.32.250 (e) Illegally parked - Taxi Stand - vehicle removal
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ATTACHMENT C
Pursuant to Section 7.14 of this Agreement, the Serious Traffic Offender Program Fee shall
apply to vehicles impounded pursuant to the following California Vehicle Code Sections. One
or more of the following sections must be included on the impounding documents.
22651(p)
22651(h)(2)
14602.6
California Vehicle Code
Includes Sections 12500, 14601, 14601.1, 14601.2, 14601.3,
14601.4, 14601.5 or 14604..
Upon service of notice of an order of Suspension or
Revocation, pursuant to 13388 CVC.
Unlicensed, Suspended or Revoked and involved in traffic collision.
Sub -section (b) - Certified Mail, 2-day notice to legal owner. Failure to
notify legal owner results in maximum fee for 15 days vehicle storage.
14602.7 Fleeing a Peace Officer - Court Order upon affidavit of Peace
Officer, to seize vehicle, not to exceed 30 days. Failure to notify
legal owner (2 days notice) results in maximum fee for 15 days
vehicle storage.
14607.6 Impoundment and Forfeiture of Motor Vehicle.
43
AGREEMENT BY AND BETWEEN
CITY OF NATIONAL CITY
AND
MOYNAHAN TOWING
FOR
TOWING AND IMPOUND SERVICES
FOR THE PERIOD OF
OCTOBER 1, 2011 TO SEPTEMBER 30, 2013
TABLE OF CONTENTS
Title & Section Page Number
"Agreement for Towing and Impound Services" 7
Recitals 7
1.0 DEFINITION OF TERMS
1.1 Police Tow 8
1.2 Police Referral Tow 8
1.3 On Demand Tow 8
1.4 Secondary Tow 8
1.5 Collision Tow 8
1.6 Response Time . 8
1.7 Dispatch Center 8
1.8 Contract Year 8
1.9 Fee Schedule 9
1.10 Referral Fee .. 9
1.11 Negligent Vehicle Impound Release Fee 9
1.12 S.T.O.P. Fee .. 9
1.13 30 Day Impound Fee .. 9
2.0 ADMINISTRATION and MANAGEMENT of AGREEMENT
2.1 Agreement Approval 9
2.2 Entire Agreement ..10
2.3 Administration of Agreement 10
2.4 Cooperation and Consultation 10
2.5 Compliance with Applicable Law 11
2.6 Licenses, Permits, Etc 11
2.7 Disputes ..... 11
2.8 Mediation / Arbitration 11
2.9 Legal Fees 12
2.10 Indemnification and Hold Harmless 12
2.11 Business Records (10650 CVC et seg.) 12
2.12 Prohibition Against Use of Privileged Information 13
2.13 Independent Contractor 13
2.14 Assignment 13
2.15 Workers' Compensation .. 13
2.16 Non -Discrimination Provision 14
2.17 Conflict of Interest and Political Reform Act Obligations 14
2.18 Termination of Agreement ... 14
2.19 Charges and Fees 15
2.20 Inspection 15
2.21 Notice of Termination 15
3.0 TERMS of AGREEMENT,. OPTIONS, RENEW and RE -OPENERS
3.1 Duration 16
3.2 Relevant Dates 16
3.3 Option to Renew 16
3.4 Re -Opener Clause - Referral Fee 17
3.5 Re -Opener Clause - Fee Schedule •••• 17
3.6 Re -Opener Clause - 30 Day Impound Fee (S.T.O.P.) 17
4.0 RESPONSE TIME, EXCEPTIONS and PENALTY ASSESSMENT
4.1 Response Time 17
4.2 Response Time Computation 18
4.3 Response Time - Penalty 18
4.4 Response Time - Penalty Assessment 18
5.0 ON -CALL CON TRACTOR and CONTRACTOR ROTATION SCHEDULE
5.1 Contractor On -Call & Rotation 18
6.0 GENERAL DUTIES, REQUIREMENTS and OBLIGATIONS
6.1 Business License . 19
6.2 Contractor Availability - Response to Service Requests 19
6.3 Contractor Towing Forfeited Vehicles 20
6.4 Contractor Availability - Vehicle Release 20
6.5 Business Office 20
6.6 Business Office Hours 20
6.7 Contractor's Employees 20
6.8 Signs .....21
6.9 Method of Payment - Towing or Storage Charges (22651.1 CVC) 22
6.10 Storage of Vehicles; City, Seized 22
6.11 Removal from Private Property 22
6.12 Notice to City - Private Property Impounds 22
6.13 Gratuities (12110 CVC) 23
6.14 Tow Truck Driver - On Scene Duties 23
6.15 Access to Stored Vehicles 23
6.16 Access to Stored Vehicle - Removal of Private Property 24
6.17 Access to Evidentiary Vehicles 24
6.18 Invoices 24
6.19 Vehicle Impound Control Card (PD form 250) 24
6.20 Proceeds from Lien Sale 25
7.0 FEES
7.1 Fee Schedule 25
7.2 Secondary Tow Fees 26
7.3 City Vehicle Tow Fees 26
7.4 Fees - Police Department Errors and Omissions 26
7.5 Referral Fee 27
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7.6 Referral Fee - Due Date 27
7.7 Referral Fee - Late Fee 27
7.8 Referral Fee - Payments 27
7.9 Negligent Vehicle Impound Release (NVIR) Fee 28
7.10 NVIR Fee ...28
7.11 NVIR Fee - Payment Due Date 28
7.12 NVIR Fee - Payments 28
7.13 NVIR Payment - Late Fee 29
7.14 Serious Traffic Offender Program (STOP) Impound Fee 29
7.15 S.T.O.P. Impound Fees - Due Date 29
7.16 S.T.O.P. Fee - Payment 29
7.17 S.T.O.P. Fee - Late Fee 30
7.18 S.T.O.P.; 30-Day Vehicle Impound Fees 30
7.19 30-Day Impound Fees - Due Date and Payment 30
8.0 VEHICLE RELEASE
8.1 General Rule - Vehicle Release 30
8.2 Exceptions to General Rule 30
8.3 Hit & Run Investigations - Mandatory Release (22655(b) CVC) 31
8.4 Questions, Problems, or Controversy Associated with Vehicle Release 31
8.5 Expert Training - DMV Document Identification 31
9.0 MINIMUM TRUCK EQUIPMENT and STORAGE LOT REQUIREMENTS
9.1 Minimum Tow Truck Requirements 31
9.2 Minimum Tow Truck Equipment Requirements 32
9.3 Tow Truck Identification 33
9.4 Tow Truck Lighting Equipment 33
9.5 California Highway Patrol Inspection Certification 33
9.6 Tow Truck Maintenance 33
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9.7 Storage Lot, Minimum Requirements 33
9.8 Minimum Lighting Requirements - Storage Lot 34
9.9 Vehicle Examination Area 35
9.10 Secure Area - Evidentiary Vehicles 35
9.11 Special Operations 35
10.0 INSURANCE REQUIREMENTS
10.1 Minimum Insurance Requirements.. 35
10.2 Primary Insurance 36
10.3 Claims Made vs. Occurrence Form 36
10.4 Aggregate Insurance Limits 36
10.5 Insurance Company 37
10.6 Insurance Certification Requirement 37
10.7 Insurance Requirement - Extension Option 37
10.8 Limitations of Liabilities and Obligations 37
10.9 Sub -Contractor Insurance Requirement 37
11.0 CONSTRUCTION of AGREEMENT 37
ATTACHMENT A
Towing Fee Schedule 39, 40
ATTACHMENT B
NVIR Fee - Applicable CVC & NCMC Sections 41, 42
ATTACHMENT C
S.T.O.P. Fee - Applicable CVC Sections 43
AGREEMENT FOR TOWING AND IMPOUND SERVICES
This Agreement for Towing and Impound Services ("Agreement") is made and entered
into in the City of National City, State of California, on this First (ls`) day of October, in the year
2011, by and between the City of National City, a municipal corporation ("City"), and Moynahan
Towing ("Contractor") for towing and impound services.
RECITALS
Whereas, the City of National City Police Department requires professional towing and
impound services to maintain the safety of the public right-of-way and to seize and secure
vehicles in accordance with the laws of the State of California and the Municipal Code,
ordinances and regulations of the City of National City; and
Whereas, the City has adopted a process for the selection and designation of professional
towing contractors to provide towing, impound and storage service upon the request of the
National City Police Department; and
Whereas, on May 19, 2011, a Request for Proposal ("RFP") was issued for towing and
impound services for the City, to which Contractor responded; and
Whereas, the tow committee comprised of City staff evaluated the proposals and
prepared a report for Council consideration detailing the evaluation process and explaining the
evaluations of the proposals, including whether the proposals met the RFP requirements; and
Whereas, on August 16, 2011, the City Council directed staff to return to the City
Council with a recommendation of the top two operators based on the overall value to the City;
and
Whereas, on September 6, 2011, staff presented its recommendation of the top two
ranked tow operators, which included Contractor. Staff was directed to return with contracts with
the top two ranked operators; and
Whereas, Moynahan Towing has a history of accurate, dependable, and reliable service to
the. City, participated in a competitive process through the RFP, and together with another towing
contractor has been found to provide the best overall value to the City, including having the best
qualifications and capability of providing the highest quality, professional towing services for the
City of National City; and
Whereas, the City of National City desires to have two towing and impound operators
perform exclusive towing service within the City of National City and Contractor represents and
warrants it is experienced and staffed in a manner such that it is capable and prepared to deliver
the services required by the City of National City within the time frames herein provided, all in
accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, the City of National City and Moynahan Towing mutually agree
to the terms and conditions as follows:
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1.0 DEFINITION OF TERMS
1.1 Police Tow shall mean the towing of vehicles at the direction of the National City Police
Department where the consent of the owner or operator of the vehicle is not required under
existing law. This shall include but is not limited to the towing of motor vehicles that are
illegally parked, abandoned, evidence in a criminal investigation, disabled due to collision or
mechanical failure (pursuant to Section 22500 of the Vehicle Code) or otherwise subject to the
authority of the National City Police Department.
1.2 Police Referral Tow shall mean the towing of a vehicle by the National City Police
Department at the request of the vehicle owner, operator, or their agent. Examples include
mechanically disabled vehicles, vehicles disabled as a result of collision, or any other
circumstances where the public right-of-way is impacted.
1.3 On -Demand Tow means the towing of a vehicle by a towing company that has been
requested by the vehicle owner, operator, or their agent, without police involvement. On -
Demand tows may include owners or agents of private property landholders who arrange for
vehicle towing service from private property without police involvement. If the police
department becomes involved in arranging for tow service, the matter is considered a "Police
Referral Tow". On -Demand Tows are independent services outside the scope of this Agreement.
1.4 Secondary Tow is defined as the impound of a vehicle on orders of police under the
authority of California Vehicle Code § 22655 or 22655.5 and the vehicle is brought to the
National City Police Department for evidence processing. The secondary tow occurs when the
police direct the original Contractor to retrieve and store the vehicle on Contractor's property.
1.5 Collision Tow The owner or operator of a vehicle involved in a non -criminal traffic
collision may select a tow company of their own choosing. However, if in the opinion of the
investigating police officer an unreasonable delay would result, or unnecessary delay would
negatively impact access to the public right-of-way, the investigating officer may consider the
matter a "Police Tow" and cause the removal of the vehicle. If the vehicle is towed on orders of
the investigating officer, the officer shall complete the Vehicle Report (CHP 180), citing 22500
California Vehicle Code as the authority for impound. No special hold or police authorized
release is necessary.
1.6 Response Time is defined as the elapsed time between the relaying of the tow service
request by the National City Dispatch Center or a City Employee to the Contractor and the
arrival of the specific tow truck type requested to fulfill the tow need on scene. Under most
situations, a call for field service will be relayed by the Police dispatchers via telephone to the
tow contractors. However, there is a need to allow for direct requests to the tow contractor by
any NCPD employee. This may be done by phone or in person to either the Contractor's
dispatcher or to a tow truck driver that is already on the scene of an NCPD requested tow, when
there is a need for additional services.
1.7 Dispatch Center is the Police Department's multifunction emergency and non -
emergency telephone/radio operators.
1.8 Contract Year is defined as any one year, 365 day period during the term of this
Agreement. The first contract year begins on October 1, 2011 and ends on September 30, 2012.
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The second contract year begins on October 1, 2012 and ends on September 30, 2013 . There are
two (2) successive years in this Agreement.
1.9 Fee Schedule is defined as the fees charged by Contractor to the owner, operator, or
agent of the subject vehicle for various services charged by Contractor. The fee schedule is
approved and authorized by a majority vote of the City of National City, City Council. The fee
schedule includes itemized charges for numerous towing and storage services including but not
limited to hook up fees, dolly fees, daily storage fees, after -hour release fees, etc. The Fee
Schedule is Attachment A to this document. Attachment A and the fees may be adjusted as set
forth in Section 7.0.
1.10 Referral/Franchise Fee is authorized by California Vehicle Code § 12110(b) and is
defined as a quarterly fee charged to the Contractor(s) by City in connection with the award of a
franchise for towing services for the City. It is designed to compensate the City for its actual and
reasonable costs incurred by the City to process and administer towing services. The Referral
Fee may be adjusted during the term of this Agreement as set forth in Section 3.4 of this
Agreement. The payment of the Referral Fee is set forth in Sections 7.5, 7.6, 7.7, and 7.8.
1.11 Negligent Vehicle Impound Release Fee is authorized by the City Council. The
Negligent Vehicle Impound Release Fee is defined as a fee charged to the owner, operator, or
agent of a vehicle that violated certain specified sections of the California Vehicle Code or
National City Municipal Code. The NVIR fee is one hundred twenty-four ($124) dollars. The
NVIR fee may be adjusted during the term of the agreement as set forth in Section 7.0 of this
Agreement. This fee is collected by Contractor on behalf of City.
1.12 S.T.O.P Fee The Serious Traffic Offender Program ("S.T.O.P.") is authorized by City
resolution and under the authority of California Vehicle Code § 22850.5. It focuses on
unlicensed drivers and provides for a 30-day impound of vehicles. The fee is one hundred fifty
($150) dollars. The fee off -sets the administrative costs of the program. This fee is charged to
the vehicle owner, operator or agent and is collected by Contractor on behalf of City. The
S.T.O.P. fee may be adjusted during the term of this Agreement as set forth in Section 7.0.
1.13 30-Day Impound Fee is defined as a percentage fee paid to City by Contractor, when a
S.T.O.P. vehicle is held for 30 day storage. This fee is not applicable when City releases a
vehicle prior to the full 30 day period. Nothing in this section is intended to prevent or preclude
the early release of a 30 day hold S.T.O.P. vehicle if extraordinary circumstances warrant. The
30-Day Impound Fee will remain at 15% of the amount collected for storage on released
vehicles.
2.0 ADMINISTRATION and MANAGEMENT of AGREEMENT
2.1 Agreement Approval
This Agreement for towing service shall become effective when the City Council of the City of
National City has reviewed and approved the Agreement and it has been fully executed by
Contractor.
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2.2 Entire Agreement
This Agreement supersedes any prior agreements, documents, negotiations and communications,
oral or written, and contains the entire Agreement between the parties as to towing and impound
services. No subsequent agreement, representation, or promise made by either party hereto, or by
or to an employee, officer, agent or representative of any party hereto shall be of any effect
unless it is in writing and executed by the party to be bound thereby.
2.3 Administration of Agreement
Each party designates the below individuals as the "Contract Administrator" for the party. The
Contract Administrator is authorized by the party to represent the party in the administration of
this agreement. The Contract Administrator shall monitor the progress and execution of this
Agreement. The Contract Administrator may delegate duties and responsibilities to subordinates
to insure functional management, supervision and operation of this Agreement.
Contract Administrator For The City of National City
Dr. Adolfo Gonzales, Chief of Police
National City Police Department
1200 National City Blvd., National City, CA. 91950
(619)336-4511
Management and Operations
Traffic Division Sergeant
National City Police Department
1200 National City Blvd., National City, CA 91950
(619) 336-4400
Inspection & Operational Supervision
Traffic Division Sergeant
National City Police Department
1200 National City Blvd., National City, CA 91950
(619)336-4420
Contract Administrator For Moynahan Towing
Tom Moynahan
3200 National City Boulevard
National City, CA 91950
2.4 Cooperation and Consultation
The designated City employee(s) and Contractor shall regularly consult during the term of this
Agreement in order to achieve the objectives of this Agreement. Throughout the term of this
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Agreement, Contractor shall peanut access to its offices, facilities, files and records relating to
the operation and management of this agreement. Upon request of the City, the Contractor shall
provide copies of files, materials or records relating to the towing, impound, and disposition of
any vehicle towed as a result of this agreement.
2.5 Compliance with Applicable Law
The Contractor in the performance of the services to be provided herein, shall comply with all
applicable State and Federal statutes and regulations, and all applicable ordinances, rules and
regulations of the City of National City, whether now in force or subsequently enacted.
2.6 Licenses, Permits, Etc.
Contractor represents and covenants that it has all licenses, permits, qualifications, and approvals
of whatever nature that are legally required to practice its profession, and as required in the
City's Request for Proposal for this Agreement. The Contractor represents and covenants that the
Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this
agreement, any license, permit, insurance or approval which is legally required for the Contractor
to practice its. profession.
2.7 Disputes
Except as otherwise provided in this agreement, any dispute concerning a question of fact arising
under any term of this Agreement which is not disposed of by this Agreement shall be decided
by the Chief of Police who will furnish the decision to the Contractor in writing. Contractor shall
proceed diligently with performance of this Agreement pending receipt of the decision of the
Chief of Police. The decision of the Chief of Police is final and conclusive unless determined by
a court of competent jurisdiction to have been fraudulent, arbitrary, capricious or so grossly
erroneous as to necessarily imply bad faith.
The "Disputes" clause does not and is not intended to preclude consideration of legal questions
in connection with decisions provided in the above paragraph. Nothing in this Agreement shall
be construed as making final the decision of any administrative official, representative, or
council on a question of law.
2.8 Mediation / Arbitration
If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first
to try, in good faith, to settle the dispute by mediation in San Diego County, California, in
accordance with the Commercial Mediation Rules of the American Arbitration Association (the
"AAA") before resorting to arbitration. The cost of mediation shall be borne equally by the
parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof,
which is not resolved by mediation shall be settled by arbitration in San Diego County,
California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any
award rendered shall be final and conclusive upon the parties, and a judgment thereon may be
entered in any court having jurisdictionover the subject matter of the controversy. The expenses
of the arbitration shall be borne equally by the parties to the arbitration, provided that each party
shall pay for and bear the cost of its own experts, evidence and attorneys' fees, except that the
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arbitrator may assess such expenses or any part thereof against a specified party as part of the
arbitration award.
2.9 Legal Fees
If any party brings a suit or action against the other party arising from any alleged breach of any
of the covenants or agreements or any inaccuracies in any of the representations and warranties
on the part of the other party arising out of this agreement, then in that event, the prevailing party
in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled
to have and recover from the other party all costs and expenses of suit, including expert and
attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is stipulated that
attorneys' fees incurred in the prosecution or defense of the action or suit shall not be considered
in determining the amount of the judgment or award.
Attorneys' fees to the prevailing party, if other than the City, shall not exceed the amount of
attorneys' fees incurred by the City in its prosecution or defense of the action, irrespective of the
actual amount of attorneys' fees incurred by the prevailing party.
2.10 Indemnification and Hold Harmless
The Contractor agrees to indemnify, defend, and hold harmless the City of National City, its
officers, employees, agents, and volunteers against and from any and all liability, loss, damage,
suits, actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers'
compensation claims, of or by anyone whomsoever, in any way resulting from, related to, or
arising out of the Contractor's performance of this Agreement.
2.11 Business Records (10650 CVC et seq.)
Contractor shall maintain and retain data and records of all tow services furnished, including
description of vehicles, nature of service, date, time of notification by City, time of tow truck
dispatch, time of arrival of tow truck at scene, location of calls, total itemized charges of towing
and storage, and thedescription of all vehicles towed and/or stored at the initiation of the City. If
the vehicle is sold at lien sale, data shall be maintained documenting all liens against the vehicle,
monies received as a result of the sale, identification of the purchaser; and the amount of monies
forwarded to City and state. All such data and original towing and storage records shall be
maintained in an accessible location. The Contractor shall make available and permit the City
without notice during normal business hours to audit, examine and make excerpts, copies, or
transcripts of all data and records with respect to the towing and storage of vehicles initiated by
the City. If Contractor employs, assigns or contracts with a third -party vendor to manage or
,process the DMV required processing regarding lien sale vehicles, Contractor shall make
available all relevant records, data or documents regarding lien sales. Contractor shall waive any
privacy rights in order to permit City to inspect, review and copy any relevant record in
possession of a third -party vendor.
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2.12 Prohibition Against Use of Privileged Information
Contractor shall not use for personal gain, transmit, or disclose any privileged or confidential
information that is acquired from or obtained as a result of information gathered from the
management or operation of this agreement. For the purpose of this section, "Privileged or
Confidential Information" shall include City or police department records unrelated to towing
and storage of vehicles, DMV information, or Criminal History information.
2.13 Independent Contractor
Contractor shall for all purposes arising out of this Agreement, be an independent Contractor.
Contractor and employees of Contractor shall not be deemed employees or agents of City. It is
expressly understood and agreed that the Contractor and its employees shall in no event, as a
result of this Agreement, be entitled to any benefit to which City employees are entitled,
including but not limited to overtime, retirement benefits, workers' compensation benefits, injury
leave, medical leave, unemployment or any other leave benefits.
Neither the City nor its officers, agents or employees shall have any control over the conduct of
the Contractor or any of the Contractor's employees except as herein set forth, and the Contractor
expressly agrees not to represent that the Contractor or the Contractor's agents, servants, or
employees are in any manner agents, servants, and employees of the City, it being understood
that the Contractor, its agents, servants, and employees are as to the City wholly independent
contractors and that the Contractor's obligations to the City are solely such as are prescribed by
this Agreement.
2.14 Assignment
This Agreement contemplates the personal services of the Contractor and the Contractor's
employees, and it is recognized by the parties that a substantial inducement to the City for
entering into this Agreement was, and is, the professional reputation and competence of the
Contractor and its employees. Neither this Agreement nor any interest herein may be assigned by
the Contractor without the prior written consent of the City. Nothing herein contained is intended
to prevent the Contractor from employing or hiring as many employees, as the Contractor may
deem necessary for the proper and efficient performance of this Agreement. Contractor has
represented it has sufficient staffing to perform pursuant to this Agreement. Contractor agrees it
shall not subcontract any towing or impound services. Any other type of work that is
subcontracted shall require written consent of the City. All agreements by Contractor with its
subcontractor(s) shall require the subcontractor(s) to adhere to the applicable terms of this
Agreement.
2.15 Workers' Compensation
The 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 or Federal acts or
laws applicable; and shall indemnify, defend and hold harmless the City and its officers,
employees and volunteers from and against all claims, demands, payments, suits, actions,
proceedings and judgments of every nature and description, including attorneys' fees and costs
presented, brought or recovered against the City or its officers, employees, or volunteers, for or
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on account of any liability under any of said acts which may be incurred by reason of any work
to be performed by the Contractor under this Agreement.
2.16 Non -Discrimination Provision
The Contractor will not discriminate against any employee or applicant for employment because
of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin,
physical handicap, or medical condition. The Contractor will take positive action to insure that
applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual
orientation, marital status, national origin, physical handicap, or medical condition. Such action
shall include but not be limited to the following: employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. The Contractor agrees to post
in conspicuous places available to employees and applicants for employment any notices
provided by the City setting forth the provisions of this non-discrimination clause.
2.17 Conflict of Interest and Political Reform Act Obligations
During the term of this Agreement, the Contractor shall not perform services of any kind for any
person or entity whose interest's conflict in any way with those of the City of National City. The
Contractor also agrees not to specify any product, treatment, process or material for the project in
which the Contractor has a material financial interest, either direct or indirect, without first
notifying the City of that fact. The Contractor shall at all times comply with the terms of the
Political Reform Act and the National City Conflict of Interest Code. The Contractor shall
immediately disqualify itself and shall not use its official position to influence in any way any
matter coming before the City in which the Contractor has a director indirect financial interest as
defined in Government Code Section 87103. The Contractor represents that it has no knowledge
of any financial interests that would require it to disqualify itself from any matter on which it
might perform services for the City. Contractor further warrants and represents that Contractor
will immediately advise the City Attorney if Contractor learns of an economic interest of
Contractor's that may result in a conflict of interest for the purposes of the Political Reform Act,
and regulations promulgated thereunder.
The Contractor shall be strictly liable to the City for all damages, costs or expenses the City may
suffer by virtue of any violation of this section by the Contractor.
2.18 Termination of Agreement
This Agreement may be terminated immediately by the City for cause in the event of a material
breach of this Agreement, misrepresentation by the Contractor in connection with the formation
of this Agreement or the performance of services, or the failure to perform services as directed
by the City. Termination for cause shall be effected by delivery of written Notice of Termination
to the Contractor as provided for in Section 2.21.
In the event of termination, all finished or unfinished memoranda, reports, plans, specifications
and other documents prepared by the Contractor, whether paper or electronic, shall immediately
become the property of and be delivered to the City, and the Contractor shall be entitled to
receive just and equitable compensation for any work satisfactorily completed on such
documents and other materials up to the effective date of the Notice of Termination, not to
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exceed the amounts payable hereunder, and less any damages caused the City by the Contractor's
breach, if any.
The City further reserves the right to immediately terminate this Agreement upon: (1) the filing
of a petition in bankruptcy affecting the Contractor; (2) a reorganization of the Contractor for the
benefit of creditors; or (3) a business reorganization or change in business status of the
Contractor.
If Contractor is terminated during the period of performance for any of the reasons stated above
or is no longer able to perfoim for any reason, then the City may unilaterally select another tow
operator to replace the terminated or no longer performing Contractor. The selection of such
other tow operator, and whether to select another tow operator, shall be at the sole discretion of
the City. In the event another tow operator is selected by the City per this Section, that other
tow operator will be required to comply with the same terms of this Agreement or its
amendments, including the accepted and adopted fee rate schedule.
2.19 Charges and Fees
Contractor is authorized and responsible for the collection of all applicable towing and storage
charges, and any fee authorized or required by City to defray costs to City for the management
and operation of this agreement, prior to releasing a vehicle.
2.20 Inspection
City shall require no less than an annual inspection of Contractor and its facilities to insure
conformance and compliance with the provisions of the California Vehicle Code and this
agreement. Responsibility for said inspection rests with the National City Police Department
Traffic Division Sergeant and/or their designee. Said inspections shall be conducted during
normal business hours but may be conducted without prior, advanced notice. Upon completion
of inspection, the Traffic Division Sergeant shall submit a written report to the Contract
Administrators and/or City staff.
2.21 Notice of Termination
All notices or other communications required or permitted hereunder shall be in writing, and
shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by
registered of certified mail, postage prepaid, return receipt requested; or sent by ordinary mail,
postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or
fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of
delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the
business day following its deposit in such overnight mail facility, (iii) if mailed by registered,
certified or ordinary mail, five (5) days, (ten (10) days if the address is outside the State of
California) after the date of deposit in a post office, mailbox, mail chute, or other like facility
regularly maintained by the United States Postal Service, (iv) if given by telex, telecopy,
facsimile or fax, when sent. Any notices, request, demand, direction or other communication
delivered or sent as specified above shall be directed to the following persons:
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To the CITY: Contract Administrator For The City of National City
Dr. Adolfo Gonzales
Chief of Police
National City Police Department
1200 National City Blvd National City, CA. 91950
(619)336-4511
To the CONTRACTOR: Tom Moynahan
Owner of Moynahan Towing
3200 National City Boulevard
National City, CA 91950
(619)
3.0 TERM OF AGREEMENT, OPTIONS, and RE -OPENERS
3.1 Duration
The duration of this Agreement shall be for two (2) years with options for extension.
3.2 Relevant Dates
This Agreement begins at 0001 hours on October 1, 2011, and terminates at 2400 hours on on
September 30, 2013.
3.3 Option to Renew
The City of National City reserves the option to renew the Agreement up to three (3) successive
one (1) year periods under the terms andconditions herein stated, beginning on the anniversary
of the commencement of service, including any amendments. The renewal is contingent on a
mutual agreement between the City and the Contractor, with such agreement to be confirmed by
the Contract Administrator within sixty (60) days prior to the expiration of the contract period.
The City of National City or the Contractor may decline to confirm the renewal of the
Agreement for any reason whatsoever, which shall render the renewal option null and void.
The City's initial letter informing the Contractor of the City's interest in exercising its option to
renew the contract does not constitute an award of the option period. Any option acceptance
must be confirmed by the City of National City in writing, before it becomes valid.
The City will not grant an option if the Contractor requests an increase which exceeds the
average percentage variant for the previous twelve (12) months in the Consumer Price Index for
Urban Wage Earners and Clerical Workers (CPI-W) for the National City area, as published by
the Bureau of Labor Statistics, or five percent (5%) whichever is less. If a price increase is
requested, the Contractor must provide detailed supporting documentation to justify the
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requested increase. The City will evaluate the requested increase, which the City reserves the
right to accept or reject the requested increase.
3.4 Re -Opener Clause - Referral Fee
After the first twelve consecutive month period of this Agreement, City may review all tow data
to determine the actual number of Police and Referral Tows in the preceding twelve-month
period and to determine whether the Referral Fee warrants adjustment. The Referral Fees may be
adjusted up or down, as determined by City, based upon the actual and reasonable costs incurred
by the City to process and administer towing and impound services, which may include, but is
not limited to, review of the number of vehicles referred to the Contractor and review of
increased costs. If appropriate, City shall consider implementing a per vehicle referral fee to
offset costs incurred by the police department in processing and administering towing services.
City may also compare and consider referral fees charged by other law enforcement jurisdictions
in San Diego County for towing services.
3.5 Re -Opener Clause - Fee Schedule
After the first twelve consecutive month period of this Agreement, the Contractor may submit to
the Chief of Police a request for an increase to the fee schedule set forth in Attachment A,
seeking to adjust the fees consistent with the community standard for police towing in San Diego
County. The request shall include a comparison of relevant fees in each law enforcement
jurisdiction in San Diego County. City shall assist and consult with Contractor to provide
Contractor with accurate data. The Chief of Police shall make appropriate comments,
recommendations and submit the material for City Council consideration.
3.6 Re -Opener Clause - 30-Day Impound Fee (S.T.O.P.)
After the first twelve consecutive month period of this Agreement, City may review all tow data
to determine the actual number of S.T.O.P. vehicles held for a 30 day period versus the number
of S.T.O.P. vehicles not held for the 30 day period, in the preceding twelve month period, and to
determine whether an adjustment is warranted for the 30-Day Impound Fee. The percentage 30-
day impound fee may be adjusted up or down based upon the data.
4.0 RESPONSE TIME, EXCEPTIONS and PENALTY ASSESSMENT
4.1 Response Time
Response time is defined as the elapsed time between the relaying of the tow service request by
the Dispatch Center or a City Employee to the Contractor and the arrival of the specific tow
truck type requested to fulfill the tow need on scene. (For example: NCPD Dispatch phones in a
request for a low profile truck to tow an evidence hold vehicle to the underground parking lot of
NCPD. The response of a NON low profile tow truck which cannot accommodate towing the
vehicle into the underground parking lot of NCPD does not qualify as fulfilling the Response
Time requirement.)
The Response Time for Towing Service shall not exceed twenty (20) minutes for tows inside the
jurisdictional limits of City.
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COO
Due to the limited number of out of City of National City jurisdiction towing service requests,
response times shall be evaluated on an individual basis for towing service requests outside of
the jurisdictional limits of City. Complaints or irregularities involving out of jurisdiction towing
requests shall be managed between the Contract Administrators.
Response Time is defined as the elapsed time between the relaying of the tow service request to
the Contractor and the arrival of the tow truck on scene.
The Contractor is expected to dispatch immediately any available tow truck that will fulfill the
tow need on scene upon receipt of a towing request.
The Contractor is expected to notify the National City Police Dispatch Center when the response
time requirement cannot be met. The Police Dispatcher or the officer at the scene will have the
discretion to cancel the tow if the response time cannot or is not met and re -dispatch to a
Secondary tow Contractor, at no cost to City. "Secondary tow contractor" refers to the next tow
company in rotation.
4.2 Response Time Computation
Response time is computed from the time the police dispatcher enters the request for a tow into
the dispatch CAD system and the Contractor arrives on scene. The on -scene investigating officer
shall notify dispatch of the tow truck arrival. The police department computer aided dispatch
system shall be the final resolution of any actual time dispute regarding response times. Any
failure to record relevant times by the on -duty dispatcher shall not be considered in any penalty
assessment.
4.3 Response Time - Penalty
Failure to arrive at the requested location within the prescribed response time may result in
cancellation of the service request. The secondary tow contractor may be notified.
4.4 Response Time - Penalty Assessment
Contractor shall pay a five hundred dollar ($500.00) penalty if more than five
percent (5%) of the tows in any calendar month period exceed the maximum response time
requirement per any single request by the City for towing services.
Failure to meet Response Time requirements may result in termination of this Agreement.
.5.0 ON -CALL CONTRACTOR and CONTRACTOR ROTATION SCHEDULE
5.1 Contractor On -Call & Rotation
The Contractor on -call rotation shall run, for two contractors - from 0001 hours on the first day
of the month to midnight on the 15th day of the month for one contractor and from 0001 hours on
the 156' day of the month to midnight on the last day of the month; for three contractors — from
0001 hours on the first day of the month to midnight on the 10th day of the month for the first
contractor, from 0001 hours on the 11th day of the month to midnight on the 20th day of the
month for the second contractor, and from 0001 hours on the 21st day of the month to midnight
on the last day of the month for the third contractor.
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The Traffic Division Sergeant will do the selection for the on -call rotation at the beginning of
each contract year. The Traffic Division Sergeant will select the Contractor rotation by an
impartial means agreeable to contractors involved. Should all Contractors not meet an
agreement as to means the Traffic Division Sergeant will make the selection, the means will be
directed by the Chief of Police and the Chiefs decision will be final.
Any Contractor selected as the first in the rotation schedule at the beginning of a contract' year
will begin the first day of the contract.
It is understood that the number of contractors selected divided into the number of days per
month may not result in each contractor having the same number of overall tow days per year.
In the event this Contract is extended pursuant to section 3.3 Option for Renewal, the schedule
will continue to rotate as reflected.
6.0 GENERAL DUTIES, REQUIREMENTS and OBLIGATIONS
6.1 Business License
Contractor shall at all times during the term of this Agreement retain a valid City Business
License in compliance with National City Municipal Code § 6.04 et seq.
Contractor businesses and storage lots located within the jurisdictional limits of the City of
National City must conform to all City of National City building ordinances, zoning regulations,
land use requirements and must have the approval of the City Planning Department.
Contractor businesses and storage lots located outside the jurisdictional limits of the City of
National City must conform to all City (if located within an incorporated City) or County (if
located within an unincorporated County area) building ordinances, zoning regulations, land use
requirements within the jurisdiction of location.
6.2 Contractor Availability - Response to Service Requests
Contractor shall be available to promptly respond twenty-four (24) hours a day, seven (7) days a
week, including all holidays, consistent with the On -Call and Rotation Schedule, for all requests
initiated by City for towing services.
Upon award of Agreement, Contractors shall operate a dispatching system.
The tow dispatching system shall be sufficiently staffed and equipped to accept all telephone
calls, without delay, twenty-four (24) hours a day, seven (7) days a week. Delay is defined as the
City or the public receiving no answer after six (6) rings or busy signal to their telephone call.
Contractors using paging systems are required to respond to a page within five (5) minutes of the
initial page by the City.
The City does not currently have plans for adding automated tow dispatching to the existing
NCPD dispatch system. Therefore, the City is not requiring any Contractor to purchase
equipment to be used to integrate into an automated tow dispatching system. It will be up to the
Contractor to ensure they are able to meet the response time requirements of the Contract by
whatever means they deem appropriate.
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Since there are no current plans to add automated tow dispatching to the existing NCPD dispatch
system there are no minimum requirements established for such a system upgrade at this time.
6.3 Contractor Towing Forfeited Vehicles
The Contractor shall tow all forfeited vehicles, as ordered by the City.
The Contractor shall not drive the forfeited vehicles except to move them within the storage
facility. Use of vehicles for personal use or other use not permitted herein is strictly prohibited,
and constitutes a material breach of this Agreement.
In the event it is found that a towed vehicle is subject to forfeiture, the City shall arrange for the
vehicle to be picked up from the Contractor's storage facility and the Contractor shall invoice the
National City Police Department for all towing and storage fees.
6.4 Contractor Availability - Vehicle Release
Contractor shall be available to release vehicles to their owners, agents or authorized
representatives, twenty-four (24) hours a day, seven (7) days a week, including all holidays.
6.5 Business Office
Contractor shall maintain a functional business office within the location of the yard used to
store police initiated tows.
6.6 Business Office Hours
Contractor shall adequately staff their business office in order to remain open and available to
meet the public during the normal business office hours. The business office of the Contractor
shall be located within the storage yard for which a towed vehicle is located and be open to serve
the public and the City from 0800 to 1800 hours, Monday through Friday, except for City
observed holidays. City observed holidays are:
New Years Day, Dr. Martin Luther King Jr.'s Birthday, Caesar Chavez Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day and the Friday after, and Christmas Eve and
Christmas Day.
6.7 Contractor's Employees
All drivers must maintain a professional appearance. Staff shall work in a neat and clean
uniform. The Contractor shall furnish staff with a shirt or some other type of outerwear bearing
the company name and logo. Appropriate clothing will be worn at all times including by
employees that are being trained. All employees will conduct themselves in a professional
manner when interacting with the public or City employees.
Within ten (10) days of award, Contractor shall provide the National City Police Department
Traffic Division Sergeant with the names of all employees that will be assigned to the
Agreement. Drivers and other employees associated with the processing and removal of vehicles
shall be subject to a complete background investigation.
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The Contractor will notify, within ten (10) days, National City Police Department Traffic
Division Sergeant whenever a new employee is hired that is assigned to perform duties under the
Agreement or may have access to vehicles impounded pursuant to police request.
Contractor shall ensure that all tow truck drivers responding to calls initiated by the City are
properly licensed, qualified and competent employees. The Contractor shall ensure all tow truck
drivers are trained and proficient in the use of the tow truck and related equipment, including, but
not limited to, the procedures necessary for the safe towing and recovery of ALL vehicles. All
tow truck drivers shall possess the proper class license and certificates for towing vehicles, along
with a Class 'A' endorsement to allow operation of special vehicle configurations and/or special
cargos.
Contractor's employees shall be qualified to perform all work undertaken by or assigned to them.
In the event a driver or the equipment is inadequate and the Contractor is unable to service the
request, a charge for service or labor will not be permitted.
Contractor shall have all tow truck drivers involved with NCPD's rotation tow operations
participate in a controlled substance and alcohol testing (CSAT) program.
1) Drivers requiring a Class A, Class B, or commercial Class C license
(endorsed for hazardous materials transportation). shall participate in a CSAT
program as defined in the Code of Federal Regulations, Title 49, Parts 40 and 382.
2) Those drivers that are not required to possess a Class A, Class B, or
commercial Class C license shall be enrolled in a CSAT program substantially
similar to the requirements as outlined in Section 1) above.
3) The Contractor shall ensure selection pools for commercially and non -
commercially licensed drivers are maintained separately. The Contractor shall
provide proof records of their CSAT programs to NCPD.
4) A driver possessing a non-commercial driver's license who tests positive
but subsequently returns with a negative test result shall meet the same
reinstatement requirements as a driver required to possess a commercial driver's
license.
6.8 Signs
In compliance with California Civil Code § 3070 (E), Contractor shall display inside the business
office, in plain view at the cashier's station, a sign. Said sign•shall not be less than 17 by 22
inches in size, with lettering not less than one inch in height, disclosing all storage fees and
charges in force, including the maximum daily storage rate. Posting of the Fee Schedule
(Attachment A) in theappropriate size and lettering complies with CCC § 3070 (E).
Additionally, Contractor is required by California Vehicle Code § 22850.3 (b) to display in a
conspicuous place a notice to the effect that a vehicle impounded at the directionof the Police
Department may only be released upon proof of current registration. Said notice must include the
name and telephone number of the local police agency that caused the vehicle to be stored.
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6.9 Method of Payment - Towing or Storage Charges (22651.1 CVC)
At a minimum, Contractor shall accept a valid bank credit card or cash for payment of towing
and storage by the registered owner, legal owner, or the owner's agent claiming the vehicle.
Pursuant to California Civil Code § 1748.1, Contractor shall not impose a surcharge on a
cardholder who elects to use a credit card in lieu of cash for payment of any fees pursuant to this
Agreement. In addition, Contractor shall have sufficient funds on the premises to accommodate
and make change in a reasonable monetary transaction.
6.10 Storage of Vehicles; City, Seized
Contractor shall immediately provide written notice to the National City Police Department
Traffic Unit whenever a city vehicle or seized vehicle is stored in excess of forty-eight (48)
hours. Failure to provide the required written notification to the City may result in forfeiture of
Contractor's right to storage fees.
The Contractor shall provide invoices to the National City Police Department Operations
Assistant for the towing of each City owned and each seized vehicle. The invoices shall include
the description of the vehicle, the date, time, origin, and disposition of the towed vehicle, name
and identification number of City employee authorizing the tow and/or storage, the mileage
starting and finishing at destination, and an itemized cost of services provided (mileage, number
of storage days) commensurate with the attached rate schedule. Invoices shall be delivered to the
National City Police Department Operations Assistant no later than the fifteenth (15th) of the
month following services rendered. City shall make payment for services rendered on a monthly
basis from month previous.
6.11 Removal from Private Property
Pursuant to California Vehicle Code § 22658(h), a towing company may impose a charge of not
more than one-half of the regular towing charge for the towing of a vehicle at the request of the
owner of private property or that owner's agent pursuant to this section if the owner of the
vehicle or the owner's agent returns to the vehicle before it is removed from private property.
The regular towing charge may only be imposed after the vehicle has been removed from the
property and is in transit.
Pursuant to sub -section (i) (2), if a vehicle is released within 24 hours from the time the vehicle
is brought into the storage facility, regardless of the calendar date, the storage charge shall be for
only one day. Not more than one day's storage charge may be required for any vehicle released
the same day that it is stored.
6.12 Notice to City - Private Property Impounds
In addition to the requirements set forth in California Vehicle Code § 22658, Contractor agrees
to notify the National City Police Department of all vehicle impounds from private property,
within the jurisdictional limits of City, that result in storage of the vehicle. Notice shall include
but not be limited to a complete description of the vehicle including the vehicle identification
number, location of impound and name of property owner or agent who authorized the impound.
Notice shall occur within one hourof taking possession of the vehicle. Generally, private
property impounds are considered On -Demand Tows.
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6.13 Gratuities (12110 CVC)
Contractor or Contractor's employees shall not offer or provide City, and no City employee shall
accept any direct or indirect commission, reduced fee, gift, recreation, favors, seasonal gratuity,
or any compensation whatsoever from Contractor. No City employee shall offer or provide
Contractor with any gift, recreation, favor, seasonal gratuity, or any compensation whatsoever.
No City employee is permitted to purchase a lien sold vehicle from Contractor that resulted
from a police initiated tow or referral tow. City employees shall not purchase any vehicle or
vehicle part from Contractor for a reduced fee or a fee below the prevailing rate as determined
by industry standards. The intent of this section is to avoid the mere appearance of impropriety
involving the contractual relationship.
Contractor or Contractor's employees are prohibited from accepting any money or anything of
value from a repair shop for delivery or the arranging of a delivery of a vehicle for the purpose
of storage or repair. Nothing in this section is intended to preclude Contractor from charging a
repair shop appropriate towing fees pursuant to the Fee Schedule.
No benefit provided to City by Contractor, or benefit provided to Contractor by City, as
defined in the terms and conditions of this Agreement that resulted from the process of
negotiations, shall be considered a gift or gratuity within the meaning of this section.
6.14 Tow Truck Driver - On -Scene Duties
Upon arriving on -scene of a police initiated tow, the Contractor's employee shall report to the
investigating Peace Officer in charge. The officer -in -charge shall make every reasonable effort
to inform Contractor's employee of any unusual circumstance or hazardous condition
reasonably known to the officer. Contractor's employee shall make every reasonable effort to
inform the officer -in -charge of any unusual circumstance or hazardous condition undetected by
the officer -in -charge. The officer -in -charge may request additional towing services from the
Contractor's employee and the officer -in -charge shall have the authority to waive the Response
Time requirements for additional services based on the on -scene needs. Contractor's employee
shall make every reasonable effort to comply with instructions or directions provided by the
officer -in -charge. Contractor's employee may make any emergency alterations reasonably
required to safely move and/or impound vehicles.
Contractor shall be responsible for removing and appropriately disposing of collision related
debris from the public right-of-way to ensure public safety. Contractor shall also remove or
render inert any liquid debris that may reasonably be considered a safety hazard to the public -
right -of -way. If the removal of any type of debris or hazardous material is beyond the
capability of Contractor, Contractor's employee shall inform the officer -in -charge so
accommodations can be made.
6.15 Access to Stored Vehicles
During regular business hours, Contractor shall make vehicles stored at the request of City
available to that vehicle's registered owner, a person who can be verified to be the registered
owner's agent, insurance agents, insurance adjusters, or representatives of automotive repair
businesses for the purpose or estimating or appraising damages.
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6.16 Access to Stored Vehicles — Removal of Private Property
Pursuant to California Vehicle Code § 22851(b), no lien shall attach to any personal property in
or on the vehicle. The personal property in or on the vehicle shall be given to the current
registered owner or the owner's authorized agent upon demand. The lien holder shall not be
responsible for personal property after any vehicle has been disposed of pursuant to Division 11,
Chapter 10 of the California Vehicle Code.
Pursuant to California Civil Code § 3068.1, the lien is deemed to arise on the date of possession
of the vehicle. Possession is deemed to arise when the vehicle is removed and is in transit.
6.17 Access to Evidentiary Vehicles
Vehicles impounded by City for investigative purposes pursuant to California Vehicle Code
Sections 22655 or 22655.5 shall be held in maximally secured, nonpublic areas of Contractor's
property, until the vehicle is released by order of City or in conformance with section 8.3 of this
Agreement.
No person other than a Police Officer, Reserve Police Officer, Field Evidence Technician,
Property & Evidence Unit employee or Crime Scene Specialist employed by City shall remove
any property or other contents from evidentiary vehicles. Property removed from such vehicles
shall be recorded as removed on the content inventory and the content inventory dated and
signed by the Police Officer, Reserve Police Officer, Field Evidence Technician, Property &
Evidence Unit employee or Crime Scene Specialist removing the property and by a
representative of the Contractor.
6.18 Invoices
All invoices for towing and impounds pursuant to this Agreement shall clearly and individually
itemize each and every specific charge or fee type. Daily storage fees shall be itemized on a per
day basis, for example: 10 days storage @ $ per day. All itemized City fees of all types shall be
documented on the invoice. The customer shall be provided no less than one copy of the invoice,
after all fees have been paid and the invoice marked "Paid."
6.19 Vehicle Impound Control Card (PD form 250)
A Vehicle Impound Control Card (PD Form 250) shall be completed. when a police hold is
placed on a towed vehicle. The impounding officer shall obtain a case number and enter the case
number on the control card before giving the tow truck driver a copy of the control card.
Contractor shall not be liable for uncollected City S.T.O.P. fees when the Vehicle Impound
Control Card (PD Form 250) is not properly completed by the impounding officer. PD Form 250
shall contain the lawful authority to impound pursuant to the California Vehicle Code. However,
the impounding officer may elect to use the words "Admin Fee Applies" listed in the OTHER
section of the form.
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6.20 Proceeds from Lien sale
In conformance with California Civil Code § 3073 and California Vehicle Code § 22850.5, the
proceeds from the lien sale of any vehicle impounded pursuant to the Negligent Vehicle
Impound Release (NVIR) program or the Serious Traffic Offender Program (S.T.O.P.) shall be
distributed in the following order:
1. Any and all costs necessary to discharge the lien, including but not limited to impound
and storage fees, and the costs of processing the vehicle for lien sale shall be paid to the
(lien holder) Contractor.
2. Any and all City administrative fees, including individual fees or any partial fees
associated with the S.T.O.P. and/or NVIR programs, shall be paid to City. Any partial
fees recovered by City, resulting from the lien sale, shall first be attributed to the S.T.O.P.
program.
3. The balance, if any, shall be forwarded to the California Department of Motor Vehicles
for deposit in the Motor Vehicle Account in the State Transportation Fund.
7.0 FEES
7.1 Fee Schedule
Attachment A to this Agreement provides a complete schedule of all charges and fees the
Contractor will be authorized to collect from consumers for towing, impound, and storage
services rendered on behalf of City. The Attachment A rate schedule shall remain in place unless
and until amended by the City Council of the City of National City, pursuant to section 3.5 Re -
Opener - Fee Schedule, of this Agreement.
The schedule of rates charged by the operator shall be available in the tow truck, and shall be
presented upon demand to person(s) for whom the tow services were provided, or his/her agent,
or any representative of the City at the scene.
In the event of a significant or substantial increase in operating expenses, which was not caused
by any action of the Contractor, a temporary surcharge may be added in the current rates for any
and all of the services provided pursuant to this agreement. The Contractor shall petition the
City for the increase in towing and storage rates and provide supporting documentation. Any
surcharge is subject to approval by the City.
Rate changes may be sought and approved at the discretion of the City. This process may be
instituted by routine cost of service evaluation by the City or by request of the Contractor. It is
understood that there may be a need for rate changes during the term of the Contract. Therefore,
during the term of the Contract, should any Contractor make a request for rate changes, the
Contract Administrator will forward the request appropriately for consideration.
No rate adjustments will be considered without City Council approval.
Any cost -of -living increase to the tow rates shall be calculated from the Consumer Price Index
(CPI) as published for the first quarter of each calendar year. In any year in which this index is
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(og
not available, the City shall ascertain and utilize some similar criterion and establish,
retroactively, a figure for the computation.
Any increase in the City Standard Rates will trigger a proportional increase in the City's Referral
Fee beginning of July 1st of each contract year.
7.2 Secondary Tow Fees
Secondary towing fees are the responsibility of the vehicle owner, operator or agent. If it is
determined that City is liable for the secondary tow fees, Contractor shall charge City 50% of the
Basic Tow Fee for Secondary Tows, if applicable.
No storage fees shall accrue while the subject vehicle is in the actual possession of the National
City Police Department. Police personnel shall not release a vehicle from the National City
Police Department until all Contractor fees have been paid to Contractor by the vehicle owner,
operator or agent. In the event a vehicle is released from the police department and Contractor
fees were not paid, City shall be liable for the full fee.
7.3 City Vehicle Tow Fees
Contractor agrees not to charge City a fee for the towing of marked or unmarked City police
vehicles whether the tow resulted from mechanical breakdown or collision within the
jurisdictional limits of National City.
Contractor shall charge City 25% of the Basic Tow Fee for the towing of all other City vehicles
whether the tow resulted from mechanical breakdown or collision within the jurisdictional limits
of National City.
Fees for all City vehicle tows including police vehicles, which occur outside the jurisdictional
limits of National City, shall be resolved between the Contract Administrators but shall not
exceed 25% of the basic tow fee.
7.4 Fees - Police Department Errors and Omissions
When any vehicle has been directed by the City to be towed and it is established that the tow
was in error through a mistake of fact, Contractor shall release the vehicle to its owner, operator
or agent at no cost. Contractor shall bill City at no more than 50% of the basic tow fee.
If an error by City results in a vehicle being stored longer than it can reasonably be established
that it should have been, Contractor shall release the vehicle and bill the owner, operator or agent
only those storage charges that would have accrued if no error had occurred. Contractor shall bill
City storage fees at no more than $2.50 per day for every day beyond the owner, operator or
agent's responsibility.
If the error in towing or storage is discovered after the vehicle owner, operator or agent recovers
the vehicle and all fees have been paid to Contractor, the owner, operator, or agent may be
referred to the City Clerk, City of National City to file a Claim for Damages against City.
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7.5 Referral' Fee
The total annual Referral Fee due to the City shall be one hundred twenty-two thousand five
hundred twenty dollars ($122,520.00), divided equally amongst the tow operators awarded
contracts, and paid quarterly. Contractor shall make quarterly Referral Fee payments to City for
the right to provide towing and storage service to City. The minimum Referral Fee payment
amount per Contractor, when two contractors have been awarded, shall be fifteen thousand three
hundred fifteen dollars ($15,315.00) per quarter. The Referral Fee shall be payable for a period
of two (2) years subject to adjustments as defined in Section 3.4 - Re -Opener Clause - Referral
Fee. The referral fee shall continue in the above described manner in the event of a Contract
extension renewal.
7.6 Referral Fee - Due Date
The Referral Fee payment shall be due and payable no later than the fifteenth (15th) day of the
calendar month following the end of each quarter, pursuant to the following schedule:
First Contract Year; Quarter End Dates
ls` Quarter— January 15, 2012
2"d Quarter — April 15, 2012
3rd Quarter —July 15, 2012
4th Quarter — October 15, 2012
Second Contract Year; Quarter End Dates
1:t Quarter —January 15, 2013
2nd Quarter — April 15, 2013
3'd Quarter —July 15, 2013
4th Quarter — October 15, 2013
7.7 Referral Fee - Late Fee
Any amount owed to the City more than fifteen (15) calendar days beyond the due date, shall be
considered delinquent and will be in breach of contract. Failure to pay any amount owed to the
City may result in the Contractor being suspended from the contract until such amount is paid.
Interest will be charged on unpaid amounts at the maximum rate permitted by law. Partial
payments will not be accepted.
7.8 Referral Fee - Payments
The Referral Fee is payable to "City of National City." Payments shall be directed as follows:
Operations Assistant
National City Police Department
1200 National City Blvd., National City, CA 91950
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Upon receipt and no later than five days from receipt, the Operations Assistant shall record and
account for the Referral Fee payment consistent with the terms of this agreement and forward the
payment to the City Finance Department for deposit in Revenue Account Number 001-11000-
3558.
7.9 Negligent Vehicle Impound Release (NVIR) Fee
The Negligent Vehicle Impound Release Fee shall be an amount established by City. Said fee is
one hundred twenty four ($124) dollars. The NVIR fee is recognized as a necessary and effective
method of generating those revenues necessary to off set program costs, services and facilities.
The NVIR fee applies only to vehicles released by Contractor for violating certain sections of the
California Vehicle Code (CVC) and/or the National City Municipal Code (NCMC). See
Attachment B for a list of applicable sections.
7.10 NVIR Fee - Collection
Contractor shall collect the NVIR fee of one hundred twenty four ($124) dollars per vehicle,
upon the release of any vehicle impounded pursuant to the above listed California Vehicle Code
sections. Contractor shall remit the collected fees to City pursuant to the below listed payment
schedule. The collected NVIR fees shall be properly identified and itemized.
7.11 NVIR Fee - Payment Due Date
NVIR fees collected by Contractor shall be due and payable to City no later than the fifth (5th)
day of each month and the twentieth (20th) day of each month.
Payments due on the fifth (5th) day of each month shall include and account for all vehicles
released by Contractor between the sixteenth (16th) day of the month, and the last day of the
month, (inclusive).
Payments due on the twentieth (20t) day of the month shall include and account for all vehicles
released by Contractor between the first (15t) day of the month and the fifteenth (15th) day of the
month, (inclusive).
7.12 NVIR Fee -Payments
The NVIR Fee is payable to "City of National City." Payment shall be directed as follows:
Operations Assistant
National City Police Department
1200 National City Blvd. National City, CA 91950
Upon receipt and no later than five days from receipt, the Operations Assistant shall record and
account for the NVIR Fee payment, consistent with the terms of this agreement and forward the
payment to the City Finance Department for deposit in Revenue Account Number 001-04049-
3551.
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7.13 NVIR Fee Payment - Late Fee
Any amount owed to the City more than fifteen (15) calendar days beyond the due date, shall be
considered delinquent and will be in breach of contract. Failure to pay any amount owed to the
City may result in the Contractor being suspended from the contract until such amount is paid.
Interest will be charged on unpaid amounts at the maximum rate permitted by law. Partial
payments will not be accepted.
7.14 Serious Traffic Offender Program (S.T.O.P.) Impound Fee
The Serious Traffic Offender Program Fee shall be an amount established by City. Said fee is
one hundred fifty ($150) dollars. The S.T.O.P. fee is recognized as a necessary and effective
method of generating revenues necessary to off set program costs, services and facilities.
Vehicles impounded by City pursuant to the S.T.O.P. program shall be released by City, upon
expiration of a 30 day hold and shall only be released by City upon a showing of proof that the
owner, operator or agent has a valid driver's license.
Contractor shall collect S.T.O.P. fees prior to the actual release of the vehicle. Contractor shall
remit the collected S.T.O.P. fees to City pursuant to the below listed payment schedule. The
S.T.O.P. fees shall be properly identified and itemized. The S.T.O.P. fee applies only to vehicles
impounded pursuant to certain California Vehicle Code Sections. (See Attachment C for a list of
applicable sections.)
7.15 S.T.O.P. Impound Fees - Due Date
S.T.O.P. program fees collected by Contractor shall be due and payable to City no later than the
fifth (5th) day of each month and the twentieth (20th) day of each month.
Payments due on the fifth (5th) day of each month shall include and account for all vehicles
released by Contractor between the sixteenth (16th) day of the month, and the last day of the
month, (inclusive).
Payments due on the twentieth (20th) day of the month shall include and account for all vehicles
released by Contractor between the first (1st) day of the month and the fifteenth (15th) day of the
month, inclusive.
7.16 S.T.O.P. Fee -Payment
The S.T.O.P. program fee is payable to "City of National City." Payment shall be directed as
follows:
Operations Assistant
National City Police Department
1200 National City Blvd. National City, CA 91950
Upon receipt and no later than five days from receipt, the Operations Assistant shall record and
account for the S.T.O.P. fees consistent with the terms of this agreement. The S.T.O.P. fee of
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one -hundred fifty ($150) dollars per vehicle shall be divided and deposited with the City Finance
Department as follows:
Amount Revenue Account Number
$125.00 191-11000-3550
$ 25.00 001-11000-3550
7.17 S.T.O.P. - Late Fee
Any amount owed to the City more than fifteen (15) calendar days beyond the due date, shall be
considered delinquent and will be in breach of contract. Failure to pay any amount owed to the
City may result in the Contractor being suspended from the contract until such amount is paid.
Interest will be charged on unpaid amounts at the maximum rate permitted by law. Partial
payments will not be accepted.
7.18 S.T.O.P.; 30-Day Vehicle Impound Fees
Pursuant to the Serious Traffic Offender Program certain vehicles are impounded and held in
impound for thirty (30) days. Said vehicles accrue Contractor's daily storage fees according to
the attached Fee Schedule. In addition to any other administrative fees herein identified,
Contractor shall pay CITY, fifteen (15%) percent of the total storage fee, when the vehicle is
held for 30 days and subsequently released to the vehicle owner, operator or agent. Any revenue
recovered as a result of this section shall be used to defray and off set police costs associated
with the operation of the S.T.O.P. program. This fifteen (15%) percent fee shall not apply to
S.T.O.P. vehicles not held for the 30-day period. This fee shall apply to the lien sale process,
consistent with section 6.17 of this Agreement.
7.19 30-Day Impound Fees - Due Date and Payment
Revenue received as a result of section 7.18 shall be distinguished from any other administrative
fee or revenue and shall be due and payable consistent with sections 7.15 through 7.17. Any
proceeds received from the S.T.O.P. 30-Day Vehicle Impound shall be deposited into Revenue
Account Number 191-110003550.
8.0 VEHICLE RELEASE
8.1 General Rule - Vehicle Release
As a general rule, Contractor shall be responsible for the release of all vehicles in Contractor's
possession as a result of police initiated or referral tows.
8.2 Exceptions to General Rule
Vehicles impounded pursuant to the following California Vehicle Code Sections shall not be
released by Contractor. Contractor shall refer the vehicle owner, operator or agent to the police
department to obtain a release:
1. 14602.6 - S.T.O.P. Program
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2. 22651 (i) - Five or more Parking Citations
3. 22655 - Hit & Run Investigation
4. 22655.5 - Evidentiary Reasons
8.3 Hit & Run Investigation - Mandatory Release 22655(b) CVC
Any vehicle impounded for hit & run investigation (20002 thru 20006 CVC), pursuant to the
authority of California Vehicle Code § 22655, shall be released within 48 hours after removal
from highway or private property. When determining the 48 hour period, weekends, and holidays
shall not be included. Any vehicle not released by City within the maximum 48 hour period,
shall be released by Contractor upon demand of the vehicle owner, operator or agent upon the
expiration of the 48 hour period, regardless of City hold status.
8.4 Questions, Problems, or Controversy Associated with Vehicle Release
In the event Contractor experiences problems, questions or controversy associated with a
customer demanding the release of a police initiated or referral tow, Contractor shall notify the
police department. Additionally, if Contractor discovers a questionable DMV document, an
officer shall be dispatched to resolve the problem.
8.5 Expert Training - DMV Document Identification
During the term of this Agreement and at Contractor's request, City may provide Contractor,
Contractor's employees, and new employees with training in the identification and recognition of
all relevant California Department of Motor Vehicles documents including but not limited to
California Drivers License and California Vehicle Registration documents. A recognized expert
employed by the California Department of Motor Vehicles shall conduct training. Training shall
include but not be limited to recognition and identification of counterfeit, altered, or forged
California Driver's License and California Registration and Title Certificates. The Contract
Administrators shall coordinate date, time and location of training.
9.0 MINIMUM TRUCK EQUIPMENT and STORAGE LOT REQUIREMENTS
At all times during the term of this Agreement, Contractor shall meet the following minimum
tow truck equipment requirements and storage lot requirements:
9.1 Minimum Tow Truck Requirements
During the term of this Agreement, Contractor shall have available no less than three tow rigs of
at least one -ton capacity. Each tow rig shall have dual rear wheels. Each vehicle used for towing
police impounds shall have a manufacturer's gross vehicle weight rating (GVWR) of not less
than 14,500 pounds. During the term of this Agreement, Contractor shall have a tow rig capable
of towing large, oversize vehicles; including Class B (minimum 26,001 GVWR), Class C
(minimum 48,000 GVWR), and Class D (minimum 52,000 GVWR). Truck with Landoll type
trailers acceptable for Class C and Class D towing.
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In addition, during the term of this Agreement, Contractor shall have available one tow rig,
commonly known as a "Sub -Garage Tow Vehicle," capable of entering and removing impounded
vehicles from the underground parking garage of the National City Police Department. The sub -
garage tow vehicle is a limited use vehicle and does not require dual wheels or a GVWR of
14,500 pounds. Contractor shall have a vehicle capable of towing/recovery from off road areas.
9.2 Minimum Tow Truck Equipment Requirements
Each tow truck responding to requests for police initiated towing and impound services shall be
equipped with radio communications equipment capable of effecting two-way radio
communications between the tow truck operator and Contractor's dispatching operation. Citizen
Band radios shall not be used to meet this requirement.
Each tow truck shall have a maximum 8,000 pound capacity winch that is power driven by
power takeoff from transmission, in both directions, and equipped with safety dogs or an
adequate braking system. Winches must be fitted. with a minimum of 100 feet of cable for
recovery tasks Roll back car carriers must be fitted with a minimum of 50 feet of cable. All
cable (wire rope) must be maintained in good condition. Only wire rope with swaged ends,
wedge locks or braided ends, with metal sleeves in the loops shall be approved for use under the
terms of this agreement. Consistent with the California Code of Regulations, Title 13, § 1305(b),
wire rope is not in good condition when it is stranded, knotted, crushed, excessively rusted,
kinked, badly worn, when there are 12 or more wires broken in lay length, or where there is other
visible evidence of loss of strength.
Contractor shall maintain dollies for use by in-service tow trucks providing police towing
services to City. Each tow truck, with the exception of slide back carriers, shall carry its own set
of dollies.
Each tow truck shall be equipped with no less than two safety chains. No less than two safety
chains shall be used for each vehicle being towed. Each safety chain shall be rated at no less than
the rating specified by the original equipment manufacturer (OEM). The safety chains shall be
securely affixed to the bed frame or wrecker boom, independent of the towing sling, bar, hitch,
wheel lift, or under lift towing equipment. The towed vehicle shall be secured to the towing
equipment independent of the safety chains by either two chains or two straps. All safety
connections and attachments shall have a positive means, of sufficient strength, to ensure that the
safety connection or attachment cannot become disengaged while in transit. Vehicles being
transported on slide back carriers shall be secured by four tie down chains or straps, independent
of the winch or loading cable.
In addition to the requirements set forth in California Vehicle Code § 27700, City requires
Contractor to equip each tow truck with red flares, lanterns or reflectors, hand tools (screw
drivers, pliers, ratchet and sockets, crescent wrenches, metric and standard lug wrenches), bolt
cutters, six foot crowbar, rope, broom, shovel, dustpan, fire extinguisher (dry chemical or carbon
dioxide type), utility flood lamps, portable red taillights and stoplights for towed vehicles,
equipment for opening locked vehicles, safety snubber chains, and a trash can with absorbent
material.
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Each tow truck shall be equipped with disposable (one time use) latex or rubber gloves for use
by Contractor's employees to prevent contamination or contact with potential blood borne
pathogens. The decision to use said equipment rests solely with Contractor.
9.3 Tow Truck Identification
Each tow truck responding to police initiated towing and impound services shall, on both sides of
the vehicle, conspicuously bear Contractor's company name, local address, and local phone
number(s) in lettering that complies with California Vehicle Code § 27907.
9.4 Tow Truck Lighting Equipment
Each tow truck responding to police initiated towing and impound services shall be equipped
with lighting systems as required by California Vehicle Code Sections 24605, 24606 and 25253.
Additionally, tow trucks shall be equipped with utility lamp lighting systems than comply with
California Vehicle Code § 25110.
9.5 California Highway Patrol Inspection Certification
During each year of this Agreement, Contractor shall obtain and retain an annual California
Highway Patrol (CHP) tow truck safety inspection certification. Contractor shall annually be
able to show proof that every vehicle in each category required for service under this Agreement
providing services to the City has passed a CHP tow truck safety inspection. Tow trucks not
passing inspections or meeting the requirements of this section shall immediately be removed
from rotation. The tow truck may return to rotation once the truck has successfully passed a re -
inspection by the original inspecting agency.
Nothing in this section is intended to prevent, or preclude the National City Police Department
from performing periodic unscheduled inspections to insure compliance with the requirements of
the California Vehicle Code and this Agreement.
9.6 Tow Truck Maintenance
Each tow truck responding to police initiated towing and impound services shall be well
maintained and reasonably clean on the exterior and interior and should reflect the clean,
professional image of the City of National City.
9.7 Storage Lot, Minimum Requirements
There shall be a minimum of one (1) vehicle storage yard within ten (10) miles of the boundary
of the City of National City with adequate storage capabilities for all vehicles retrieved from the
City and requiring storage. The Contractor shall identify the exact location and size of any
storage yards to be used pursuant to this contract.
The storage yard shall be approximately 10,000 sq. ft. and have space necessary to accommodate
all Police Department tows and comply with all applicable Building Codes and Zoning
Regulations (including but not limited to: Fire, Sign, Zoning, and Building Codes). There shall
also be the following:
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1. Be completely enclosed by an 8-foot solid high fence with a lockable gate. Construction
of the fence and gates must be of sufficient construction to prevent entry into the storage
area of unauthorized persons or vehicles.
2. Alarms and intrusion sensors that provide immediate notification capabilities at all times
or similar devices or security measures.
3. Sufficient lighting to detect unauthorized entrance at night.
4. The storage yard shall be served by drainage facilities adequate to prevent the
accumulation of standing water. The vehicle storage area must remain free of mud, pools
of standing water, debris, or other elements that would be harmful to the stored vehicle,
vehicle contents, or to persons viewing, inspecting or recovering the vehicles. The
vehicle storage area, including all driveways and access roads, shall be surfaced in a
manner so as to prevent the listed conditions. An acceptable surface includes concrete,
asphalt, asphaltic concrete, or decomposed granite with oil.
5. All areas open to vehicular traffic shall be paved with cement, asphalt surfacing or oil and
aggregate mixture.
6. The entire site is to be continuously maintained to prevent accumulation of trash,
combustible waste, and hazardous debris.
7. The storage yard must be a reasonable distance from public transportation.
8. Stored vehicles shall be arranged to provide reasonable and immediate inspection at any
time by the City's agents.
The Contractor shall provide service to the public twenty-four (24) hours a day, seven (7) days a
week so that an owner may pay towing and storage fees at the Storage Yard where their vehicle
is stored and obtain its release.
The Contractor is responsible for the reasonable care, custody, security, and control of any
property contained in towed or stored vehicles. All items removed from a vehicle or left stored
within the vehicle shall be released to the owner or agent of the impounded vehicle upon demand
during normal business hours unless the vehicle is under Police Evidence Hold.
9.8 Minimum Lighting Requirements - Storage Lot
There must be adequate lighting, and all yard and office construction must comply with
applicable building codes, fire codes, and zoning regulations. The minimum lighting
requirements per ten thousand (10,000) square feet are in effect unless zoning or other local
regulations dictate increased or diminished lighting requirements:
1. Four (4) 300-Watt incandescent medium -wide flood lights, or
2. Three (3) 300-Watt quartz halogen lights, or
3. Two (2) 100-Watt high-pressure sodium lights.
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9.9 Vehicle Examination Area
Contractor will set aside an area of sufficient size to place a standard sized passenger sedan and
have a minimum of forty-eight (48") inches from each side, the front, and rear of the vehicle for
the purpose of inspecting the vehicle. This examination area must be flat, level, and paved with
concrete, asphalt or asphaltic -concrete, or other suitable all weather surfaces.
9.10 Secure Area - Evidentiary Vehicles
Vehicles impounded by City for investigative purposes shall be held in a maximally secured,
non-public area of Contractor's property until released by City. Contractor shall insure, by the
use of various security devices and measures, including but not limited to walls, fences,
containers, buildings or the like, that no unauthorized person, whether intentionally or
accidentally can come into physical contact with evidentiary vehicles. Located within the storage
yard, Contractor shall set aside a secure area, sufficient in size to hold four (4) vehicles, with
sufficient room to walk around, open doors, and examine each separate vehicle.
9.11 Special Operations
During the Contract period, it is anticipated that numerous special police operations may be
conducted that require the towing of vehicles. An example of this type of operation is a
Sobriety/Driver's License checkpoint. The Police Department will attempt to equally distribute
these special operations between the Contractors. However, many of these operations have
special date or period requirements beyond the control of the Police Department. Due to these
special requirements, a Contractor may obtain more operations than the other Contractor(s). The
Contractors agree to this potentially inequitable distribution of special operations as a
CityContractor.
10.0 INSURANCE REQUIREMENTS
10.1 Minimum Insurance Requirements
All required insurance shall be submitted to the City of National City by September 27, 2011.
All policies must have a thirty (30) day non -cancellation clause giving the City thirty (30) days
prior written notice in the event a policy is canceled.
At the end of each contract year, the City reserves the right to review insurance requirements and
to require more or less coverage depending upon assessment of the risk, the Contractor's past
experience, and the availability and affordability of increased liability insurance coverage.
Insurance coverage must be from an insurance carrier licensed in the State of California and
rated "A-, VI" or better by the A.M. Best Key Rating Guide.
All policies must be endorsed to provide that the insurance afforded by Contractor is primary to
any insurance or self-insurance maintained by City and its elected officials, officers, employees,
agents, and representatives as respects operations of the Named Insured. Any insurance or self
insurance maintained by City and its elected officials, officers, employees, agents, and
representatives shall be in excess of Contractor's insurance and shall not contribute to it.
The following coverage is required:
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i. Commercial General Liability for a minimum of two million dollars each
occurrence ($2,000,000.00 EO). The City of National City must be named
as an additional insured on the certificate
ii. Automobile Liability for a minimum of two million dollars combined
single limit ($2,000,000.00 CSL) per person and two million dollars
($2,000,000.00) per accident. The City of National City must be named as
an additional insured on the certificate.
iii. Garage Keepers minimum of one million dollars each occurrence
($1,000,000.00 EO).
iv. On Hook/Cargo in amounts not less than fifty thousand dollars
($50,000.00) / twenty thousand dollars ($20,000.00) /one hundred thousand
dollars ($100,000.00), the maximum deductible shall be no more than two
thousand five hundred dollars ($2,500.00).
v. Workers' Compensation coverage in accordance with the laws of the State
of California. Policy must contain a Waiver of Subrogation of Rights
against the City of National City.
vi. The City does not require a performance bond.
If required insurance coverage is provided on a `claims made' rather than `occurrence'
form, the contractor shall maintain such insurance coverage for three years after
expiration of the term (and any extensions) of the contract.
Any aggregate insurance limits must apply solely to this Agreement.
10.2 Primary Insurance
The aforementioned policies shall constitute primary insurance as to the City, its officers,
employees, and volunteers, so that any other policies held by the City shall not contribute to any
loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to
the City of cancellation or material change. Said policies, except the workers' compensation
policy, shall name the City and its officers, agents and employees as additional insured's.
10.3 Claims Made vs. Occurrence Form
If required insurance coverage is provided on. a "claims made" rather than "Occurrence" form,
the Contractor shall maintain such insurance coverage for three years after expiration of the term
(and any extensions) of this Agreement. The policy retroactive date coincides with or precedes
Contractor's commencement of work under this Agreement (including subsequent policies
purchased as renewals or replacements).
10.4 Aggregate Insurance Limits
Any aggregate insurance limits must apply solely to this Agreement.
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10.5 Insurance Company
Insurance shall be written with only California admitted companies which hold a current policy
holder's alphabetic and financial size category rating of not less than A; VIII according to the
current Best's Key Rating Guide, or a company of equal fmancial stability that is approved by the
City's Risk Manager. Any deductibles more than ten thousand dollars ($10,000) shall be declared
and approved by City.
10.6 Insurance Certification Requirement
This Agreement shall not take effect until certificate(s) or other sufficient proof that these
insurance provisions have been complied with, are filed with and approved by the City
Purchasing Agent at 1243 National City Boulevard, National City, California 91950. If the
Contractor does not keep all insurance policies in full force and effect at all times during the
terms of this agreement, the City may elect to treat the failure to maintain the requisite insurance
as a material breach of this Agreement and may terminate this Agreement as provided herein.
10.7 Insurance Requirement - Renew Option
If this Agreement is extended beyond its original term pursuant to section 3.3, the insurance
provisions may be updated at the option of City.
10.8 Limitations of Liabilities and Obligations
The foregoing requirements as to the types and limits of insurance coverage to be maintained by
the Contractor, and any approval of said insurance by the City, are not intended to and shall not
in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor
pursuant to the Agreement, including, but not limited to, the provisions concerning
indemnification, section 2.10.
10.9 Sub -Contractor and Insurance Requirement
Contractor shall make certain that all subcontractors hired by Contractor are insured in
accordance with this Agreement. If any subcontractor's coverage does not comply with the
foregoing provisions, Contractor shall indemnify and hold City harmless of and from any
damage, loss, cost, or expense, including attorneys' fees.
Contractor is prohibited from subcontracting the towing or impound services under this
Agreement.
11.0 CONSTRUCTION of AGREEMENT
The parties acknowledge and agree that (1) each party is of equal bargaining strength; (2) each
party has actively participated in the drafting, preparation and negotiation of this Agreement; (3)
each such party has consulted with or has had the opportunity to consult with its own,
independent counsel and such other professional advisors as such party has deemed appropriate,
relative to any and all matters contemplated under this Agreement; (4) each party and such
party's counsel and advisors have reviewed this Agreement; (5) each party has agreed to enter
into this Agreement following such review and the rendering of such advice; and (6) any rule or
construction to the effect that ambiguities are to be resolved against the drafting party shall not
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apply in the interpretation of this
amendments hereto.
IN WITNESS WHEREOF, the
year first above written.
CITY OF NATIONAL CITY
By:
Agreement, or any portions hereof, or any attachments, or any
parties hereto have executed this Agreement on the date and
Ron Morrison, Mayor
APPROVED AS TO FORM:
Claudia Silva
City Attorney
City of National City
By:
MOYNAHAN TOWING
Tom Moynahan, Own
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ATTACHMENT A
TOWING FEE SCHEDULE
SERVICE
• BASIC TOWING Includes First Hour Hookup, Labor, Standby
Time, for vehicles Under 9,500 GVW (unloaded).
FEE
$ 160.00
• MEDIUM SIZE - BASIC TOWING INCLUDES FIRST
HOUR HOOKUP, LABOR, STANDBY TIME, FOR
VEHICLES OVER 9,500 GVW BUT LESS THAN 22,000
• LARGE SIZE - BASIC TOWING INCLUDES FIRST
HOUR HOOKUP, LABOR, STANDBY TIME, FOR
VEHICLES OVER 22,000 GVW (UNLOADED).
• ON -SCENE OR STAND-BY LABOR = EACH 15-
MINUTE INCREMENT, BEYOND FIRST HOUR. IS
CHARGED ONLY WHEN EXTRA ORDINARY LABOR
MUST BE EXPENDED TO RECOVER A VEHICLE.
STAND-BY IS CHARGED WHEN THE JOB CANNOT BE
STARTED AND MUST BE EXPLAINED ON THE TOW
BILL
$ 185.00
$ 225.00
$ 40.00
• DOLLIES WILL ONLY BE USED WHEN THERE IS NOT A
LESS EXPENSIVE, SAFE MANNER OF HANDLING THE
SITUATION.
$ 55.00
• DRY RUN MAY ALSO BE KNOWN AS A "HOOK-UP —
DROP FEE" AND IS CHARGED WHEN THE VEHICLE IS
HOOKED UP AND THE OWNER RETURNS BEFORE THE
VEHICLE IS IN TRANSIT.
• PER MILE TOWING APPLIES ONLY TO VEHICLES
RECOVERED OUTSIDE THE JURISDICTION OF THE CITY
OF NATIONAL CITY.
$ 50.00
$ 5.00
• MAXIMUM STORAGE - PER DAY Per day is defined as a
24-hour period.
$ 40.00
• STORAGE PER HOUR Up to maximum of $15.00 per hour.
$ 15.00
• AFTER HOURS VEHICLE RELEASE After 6PM and before
8AM including weekends and all holidays.
$ 65.00
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• NOTIFICATION OF LIEN SALE Vehicle valued at less
than $4.000, (22851.12 CVC).
$ 70.00
• NOTIFICATION OF LIEN SALE Vehicle valued at over
$4,000. (22851.12 CVC).
$ 100.00
• POLICE EQUIPMENT TOWING Inside jurisdictional limits of
National City.
No Charge
• CITY EQUIPMENT TOWING Includes all City vehicles.
Also includes police vehicles towed from outside jurisdictional
limits of National City.
25% basic
tow fee
CITY ADMINISTRATIVE FEE'S
• NEGLIGENT VEHICLE IMPOUND RELEASE FEE $124.00
• SERIOUS TRAFFIC OFFENDER PROGRAM FEE $150.00
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ATTACHMENT B
Pursuant to Section 7.9 of this Agreement, the Negligent Vehicle Impound Release Fee shall
apply to vehicles impounded pursuant to the following California Vehicle Code sections
and/or National City Municipal Code sections. One or more the listed sections must be
included on the impounding documents.
22500 Et seq.
22500.1
22651 (a)
22651 (b)
22651 (d)
22651 (e)
22651 (h)
22651 (i)
22651 (j)
22651 (k)
22651 (1)
22651 (m)
22651 (n)
22651 (o) (1)
22651 (p)
22651 (r)
22652
22653 (c)
22655 (a)
California Vehicle Code
Prohibited Stopping, Standing, or Parking
Prohibited Stopping, Standing, or Parking: Fire Lane
Unattended on Bridge
Hazard to flow of traffic
Blocking a driveway
Blocking fire hydrant access
Operator taken into custody - not practical to park or lock
Unpaid parking citations
Illegally parked and no evidence of registration displayed
Parking over 72 hours
Temporary tow away signs for street repair
Highway authorization for other use, with 24-hour notice
No parking tow away signs posted
Expired registration in excess of six months
Unlicensed or suspended/ revoked license in violation of 12500,
14601,14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604.
Illegally parked, blocking a legally parked vehicle
Illegally parked in designated handicapped parking space
Removal from private property, at request of property owner,
when operator is taken into custody
Hit & Run suspect vehicle
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22656 Illegally parked or abandoned within 7-1/2 feet of nearest railroad rail
22669 Et seq. Removal of Abandoned Vehicles as determined pursuant to
section 22523 CVC
National City Municipal Code
11.32.060 Illegally parked - 72 hour violation - vehicle removal
11.32.070 Illegally parked - Restricted hours - vehicle removal
11.32.160 Illegally parked - Emergency parking - vehicle removal
11.32.250 (e) Illegally parked - Taxi Stand - vehicle removal
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ATTACHMENT C
Pursuant to Section 7.14 of this Agreement, the Serious Traffic Offender Program Fee shall
apply to vehicles impounded pursuant to the following California Vehicle Code Sections. One
or more of the following sections must be included on the impounding documents.
22651(p)
22651(h)(2)
14602.6
California Vehicle Code
Includes Sections 12500, 14601, 14601.1, 14601.2, 14601.3,
14601.4, 14601.5 or 14604.
Upon service of notice of an order of Suspension or
Revocation, pursuant to 13388 CVC.
Unlicensed, Suspended or Revoked and involved in traffic collision.
Sub -section (b) - Certified Mail, 2-day notice to legal owner. Failure to
notify legal owner results in maximum fee for 15 days vehicle storage.
14602.7 Fleeing a Peace Officer - Court Order upon affidavit of Peace
Officer, to seize vehicle, not to exceed 30 days. Failure to notify
legal owner (2 days notice) results in maximum fee for 15 days
vehicle storage.
14607.6 Impoundment and Forfeiture of Motor Vehicle.
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