HomeMy WebLinkAboutTowing Contract: Moynahan and A to ZAGREEMENT BY AND BETWEEN
CITY OF NATIONAL CITY
AND
TOM MOYNAHAN
FOR
TOWING AND IMPOUND SERVICES
(September 1, 2000 to August 31, 2005)
TABLE OF CONTENTS
Title & Section
Page Number
Recitals.............................................................................................................................
1
1.0 DEFINITION OF TERMS
1.1
Police Tow............................................................................................................
1
1.2
Police Referral Tow...............................................................................................
1
1.3
On Demand Tow...................................................................................................
2
1.4
Secondary Tow.....................................................................................................
2
1.5
Collision Tow........................................................................................................
2
1.6
Response Time......................................................................................................
2
1.7
Contract Year........................................................................................................
2
1.8
Fee Schedule.........................................................................................................
2
1.9
Referral Fee...........................................................................................................
3
1.10
Negligent Vehicle Impound Release Fee
................................................................ 3
1.11
STOP Fee..............................................................................................................
3
1.12
30 Day Impound Fee.............................................................................................
3
2.0 ADMINISTRATION and MANAGEMENT of AGREEMENT
2.1
Agreement Approval.............................................................................................
3
2.2
Entire Agreement..................................................................................................
4
2.3
Administration of Contract....................................................................................
4
2.4
Cooperation and Consultation................................................................................
5
2.5
Compliance with Applicable Law...........................................................................
5
2.6
Licenses, Permits, Etc............................................................................................
5
2.7
Disputes................................................................................................................
6
2.8
Mediation / Arbitration..........................................................................................
6
2.9
Legal Fees.............................................................................................................
6
2.10
Indemnification and Hold Harmless........................................................................
7
2.11
Business Records...................................................................................................
7
2.12
Prohibition Against Use of Privileged Information ..................................................
7
2.13
Independent Contractor.........................................................................................
8
2.14
Assignment............................................................................................................8
2.15
Workers' Compensation........................................................................................
8
2.16
Non -Discrimination Provision................................................................................
9
2.17
Conflict of Interest and Political Reform Act Obligation .........................................
9
2.18
Termination of Agreement.....................................................................................
9
2.19
Charges and Fees...................................................................................................
10
2.20
Inspection..............................................................................................................
10
2.21
Notice of Termination............................................................................................
10
3.0 TERMS of AGREEMENT, OPTIONS, and RE -OPENERS
3.1 Duration..................................................................................................................11
3.2 Relevant Dates........................................................................................................ 11
3.3 Option for Extension............................................................................................... 11
3.4 Re -Opener Clause - Referral Fee............................................................................. 11
3.5 Re -Opener Clause - Fee Schedule...........................................................................12
3.6 Re -Opener Clause - 30 Day Impound Fee (STOP) .................................................. 12
4.0 RESPONSE TIME, EXCEPTIONS and PENALTY ASSESSMENT
4.1 Response Time........................................................................................................12
4.2 Exceptions - Maximum Response Time................................................................... 12
4.3 Response Time Computation................................................................................... 13
4.4 Response 'Time - Penalty......................................................................................... 13
4.5 Response Time - Penalty Assessment....................................................................... 13
5.0 ON -CALL CONTRATOR and CONTRACTOR ROTATION SCHEDULE
5.1 Contractor On -Call & Rotation................................................................................ 14
6.0 GENERAL DUTIES, REQUIREMENTS and OBLIGATIONS
6.1
City of National City - Business License.................................................................15
6.2
Contractor Availability - Response to Service Requests ..........................................
15
6.3
Contractor Availability - Vehicle Release...............................................................
15
6.4
Business Office.......................................................................................................
15
6.5
Business Office Hours............................................................................................
15
6.6
Signs......................................................................................................................15
6.7
Customer Method of Payment - Towing or Storage Charges ..................................
16
6.8
Removal from Private Property...............................................................................
16
6.9
Notice to City - Private Property Impounds............................................................
16
6.10
Gratuities................................................................................................................
16
6.11
Tow Truck Driver - On Scene Duties....................................................................
17
6.12
Access to Stored Vehicle.......................................................................................
17
6.13
Access to Stored Vehicle - Removal of Private Property .......................................
18
6.14
Access to Evidentiary Vehicles..............................................................................
18
6.15
Invoices.................................................................................................................
18
6.16
Vehicle Impound Control Card (PD form 250).......................................................
18
6.17
Proceeds from Lien Sale........................................................................................
19
7.0 FEES
7.1 Fee Schedule.........................................................................................................19
7.2 SecondaryTow Fees..............................................................................................19
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7.3 City Vehicle Tow Fees.......................................................................................... 20
7.4
Fees - Police Department Errors and Omissions ...................................................
20
7.5
Referral Fee..........................................................................................................
20
7.6
Referral Fee - Due Date.......................................................................................
21
7.7
Referral Fee - Late Fee.........................................................................................
22
7.8
Referral Fee - Payments.......................................................................................
22
7.9
Negligent Vehicle Impound Release Fee...............................................................
22
7.10
NVIR Fee.............................................................................................................
22
7.11
NVIR Fee - Payment Due Date............................................................................
22
7.12
NVIR Fee - Payments..........................................................................................
23
7.13
NVIR Payment - Late Fee....................................................................................
23
7.14
STOP Impound Fee..............................................................................................
23
7.15
STOP Impound Fees - Due Date...........................................................................
24
7.16
STOP Fee - Payment............................................................................................
24
7.17
STOP Fee - Late Fee............................................................................................
24
7.18
STOP - 30 Day Vehicle Impound Fees.................................................................
24
7.19
30-Day Impound Fees - Due Date and Payment ...................................................
25
8.0 VEHICLE RELEASE
8.1 General Rule - Vehicle Release.............................................................................. 25
8.2 Exceptions to General Rule.................................................................................... 25
8.3 Hit & Run Investigations - Mandatory Release ...................................................... 25
8.4 Questions, Problems, or Controversy Associated with Vehicle Release .................. 26
8.5 Expert Training - DMV Document Identification.................................................. 26
9.0 MINIMUM TRUCK EQUIPMENT and STORAGE LOT REQUIREMENTS
9.1
Minimum Tow Truck Requirements.......................................................................
26
9.2
Minimum Tow Truck Equipment Requirements.....................................................
26
9.3
Tow Truck Identification.......................................................................................
28
9.4
Tow Truck Lighting Equipment.............................................................................
28
9.5
California Highway Patrol Inspection Certification.................................................
28
9.6
Tow Truck Maintenance........................................................................................
28
9.7
Storage Lot, Minimum Requirements.....................................................................
28
9.8
Minimum Lighting Requirements - Storage Lot .....................................................
29
9.9
Vehicle Examination Area......................................................................................
29
9.10
Secure Area - Evidentiary Vehicles......................................................................
29
10.0 INSURANCE REQUIREMENTS
A. Automobile Insurance............................................................................................. 30
B. Garage Keeper's Legal Liability Insurance.............................................................. 30
C. Comprehensive General Liability Insurance............................................................. 30
D. Workers' Compensation Insurance.......................................................................... 30
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10.1 Primary Insurance.................................................................................................. 30
10.2 Claims Made vs. Occurrence Form........................................................................ 30
10.3 Aggregate Insurance Limits................................................................................... 31
10.4 Insurance Company............................................................................................... 31
10.5 Insurance Certification Requirement...................................................................... 31
10.6 Insurance Requirement — Extension Option............................................................ 31
10.7 Limitations of Liabilities and Obligations................................................................ 31
10.8 Sub -Contractor Insurance Requirement................................................................. 31
11.0 CONSTRUCTION of AGREEMENT.................................................................. 32
ATTACHMENT A
TowingFee Schedule.................................................................................................. 33
ATTACHMENT 13
NVIR Fee — Applicable CVC & NCMC Sections.......................................................... 34
ATTACHMENT C
STOP Fee — Applicable CVC Sections.......................................................................... 36
iv
"TOWING AGREEMENT"
This Agreement is made and entered into in the City of National City, State of California,
on this First (I") day of September, in the year 2000, by and between the City of National
City, a municipal corporation, herein after referred to as "City", and Tom Moynahan,
herein after referred to as "Contractor."
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 Council, City of National City has adopted policies and
procedures for the selection and designation of two professional towing contractors to
provide towing, impound and storage service upon the request of the National City
Police Department. Resolution Number 94-27, dated March 8, 1994.
• Whereas, Tom Moynahan Towing Company has a history of satisfactory service
and has participated in a competitive process, and together with another towing
contractor has been found to have 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 Contractors perform
exclusive towing service within the City of National City and Contractor represents
and warrants they are experienced and staffed in a manner such that they are 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, BE IT RESOLVED that the City of National City and Tom
Moynahan do hereby mutually assent to the terms and conditions as follows:
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 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 or operator. Examples
1
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 specific Contractor
that has been requested by the vehicle owner or operator 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 Referral Tow. On -Demand Tows are
considered 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 Impound Control Card citing 22500
CVC 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 to the Contractor and the arrival of the tow truck on scene.
1.7 Contract Year is defined as any one year, 365 day period during the term of
this agreement. The first contract year begins on September 1, 2000 and ends on
August 31, 2001. The second contract year begins on September 1, 2001 and ends
on August 31, 2002. The third contract year begins on September 1, 2002 and ends
on August 31, 2003. There are five successive years in this contract.
1.8 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
identified and located at Attachment A of this document.
2
1.9 Referral Fee is authorized by California Vehicle Code § 12110(b) and is
defined as a quarterly fee charged to Contractor by City for the right to provide
towing, impound and storage services for City. The Referral Fee is designed to
offset actual and reasonable costs incurred by the police department to process and
administer towing services. The Referral Fee may be adjusted throughout the term
of this Agreement, consistent with Section 3.4, Re -Opener Clause.
1.10 Negligent Vehicle Impound Release Fee is authorized by City Council
Resolution 96-1131, dated August 6, 1996. 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 currently established at fifty-five ($55)
dollars. The NVIR fee may be adjusted during the term of the agreement at the
discretion of the City Council. This fee is collected by Contractor on behalf of City.
1.11 S.T.O.P Fee The Serious Traffic Offender Program is a program partially
funded by the California Department of Traffic Safety and authorized by the City
Council, City of National City pursuant to Resolution Number 98-8. The program
targets the unlicensed driver and provides for a 30-day impound of vehicles. A fee,
designed to off -set the administrative costs of the program is authorized by the City
Council under the authority of California Vehicle Code § 22850.5. The fee is
currently set at one -hundred fifty ($150) dollars. The STOP fee may be adjusted
during the term of this agreement at the discretion of the City Council. This fee is
charged to the vehicle owner, operator or agent and is collected by Contractor on
behalf of City
1.12 30 Day Impound Fee is defined as a percentage fee paid to City by
Contractor, when a Serious Traffic Offender Program vehicle is held for 30 day
storage. This fee is not applicable when a vehicle is released by City 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 STOP vehicle if extraordinary circumstances warrant.
2.0 ADMINISTRATION and MANAGEMENT of AGREEMENT
2.1 Agreement Approval
Any Agreement to provide towing services is subject to a substantive city
administration review process. Such review process shall include but is not
limited to review by the Chief of Police, City Attorney, Risk Manager, Finance
Director and City Manager. No Agreement for towing service shall become
effective until the City Council, City of National City has reviewed and approved
the Agreement.
3
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 Contract
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 certain duties and responsibilities to subordinates to
insure functional management, supervision and operation of this Agreement.
Contract Administrator
For
The City of National City
Chief of Police
Anthony (Skip) DiCerchio
1200 National City Blvd
National City, CA 91950
(619) 336-4511
Management and Operations
Administrative Lieutenant
National City Police Department
1200 National City Blvd
National City, CA 91950
(619)336-4480
Inspection & Operational Supervision
Traffic Division Sergeant
National City Police Department
1200 National City Blvd
National City, CA 91950
(619)336-4420
►11
Contract Administrator
For
Tom Moynahan
Owner
Mr. Tom Moynahan
3200 National City Blvd.
National City, CA 91950
(619)477-9362
2.4 Cooperation and Consultation
The City 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
Agreement, the City and Contractor shall permit mutual 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. Upon request, the City shall provide
the Contractor with any annual report or management report relating to the towing
and impound of vehicles towed as a result of this Agreement. Access to police
files, records or materials does not include unrelated records, communications
between City and the police department, any record which may infringe upon the
privacy rights of any individual, or any file, record, or investigation determined
by the police department to be privileged or confidential.
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. 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, or approval which is legally required
for the Contractor to practice its profession.
5
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, 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, 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 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 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.
z
Attorneys' fees to the prevailing party if other than the City shall, in addition, be
limited to 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 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 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 fiunished,
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 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.
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.
7
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, or
subcontractors, as the Contractor may deem necessary for the proper and efficient
performance of this Agreement. All agreements by Contractor with its
subcontractors(s) shall require the subcontractor 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 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,
E
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 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.
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 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 designee. Said inspections shall
be conducted during normal business hours. Upon completion of inspection the
Traffic Division Sergeant shall submit a written report to the Contract
Administrators.
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
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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:
To the CITY Skip DiCerchio
Chief of Police
National City Police Department
1200 National City Blvd.
National City, CA 91950
To the CONTRACTOR Mr. Tom Moynahan
3200 National City Blvd
National City, CA 91950
3.0 TERM OF AGREEMENT, OPTIONS, and RE -OPENERS.
3.1 Duration
The duration of this Agreement shall be five (5) successive years with an option
for extension.
3.2 Relevant Dates
This Agreement begins on September 1, 2000 and terminates on August 31, 2005.
3.3 Option for Extension
Should the Contractor not desire to seek an extension; Contractor must notify
the Chief of Police in writing no later than one hundred twenty (120) days
prior to the termination date of this Agreement.
Should the Contractor desire to renew this Agreement under the same terms
and conditions, a written request shall be submitted to the Chief of Police no
less than one hundred twenty (120) days prior to the termination date of the
contract. At that time, the Chief of Police in consultation with City will
determine if a one to a five-year extension of the Agreement is appropriate.
3.4 Re -Opener Clause — Referral Fee
The purpose of the Referral Fee Re -Opener Clause is to verify data to
demonstrate the appropriateness of the Referral Fee. After the first and second
twenty-four consecutive month period of this agreement, City shall review all tow
data and develop accurate records to determine the actual number of Police and
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Referral Tows in each twenty-four month period. The Referral Fees may be
adjusted up or down based upon the number of vehicles referred to the Contractor
as determined by City. 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 shall 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
The purpose of the Fee Schedule Re -Opener Clause is to provide the Contractor
the ability to adjust the fee schedule consistent with the community standard for
police towing in San Diego County. After the first and second twenty-four
consecutive month period of this contract, the Contractor may submit a request
for increase in fee schedule to the Chief of Police. 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 (STOP)
The purpose of the Re -Opener Clause, 30-Day Impound Fee is to verify data to
demonstrate the appropriateness of the 30-Day Impound Fee. After the first and
second twenty-four consecutive month period of this Agreement, City shall
review all tow data and develop accurate records to determine the actual number
of STOP vehicles held for a 30 day period versus the number of STOP vehicles
not held for the 30 day period, in each twenty-four month period. 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
Contractor shall respond to requests for towing services within a maximum
time limit of twenty (20) minutes inside the jurisdictional limits of City. Due to
the limited number of out of jurisdiction towing service requests, response times
shall be evaluated on an individual basis. Complaints or irregularities involving
out of jurisdiction towing requests shall be managed between the Contract
Administrators.
4.2 Exception — Maximum Response Times
Vehicles impounded by City for abatement (22660 CVC) or seventy-two (72)
hour violations (22651 (k) CVC) from public or private property are generally
exempt from response time requirements. Contractor may tow these vehicles at
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Contractor's convenience but within forty-eight (48) hours of notification.
Vehicles impounded under these sections shall not be considered in any response
time calculation, penalty, or penalty assessment.
It is recognized that some vehicle abatements or 72-hour vehicle impounds may
require Contractor response pursuant to section 4.1 due to public safety or right-
of-way concerns. In these circumstances it is incumbent upon the impounding or
investigating officer to advise dispatch that they are standing -by for the
Contractor's response. The Dispatcher shall in turn notify Contractor, the officer
is standing -by for Contractor, and the twenty -minute (20) minute response is
applicable.
4.3 Response Time Computation
Response time is computed from the time the police dispatcher notifies Contractor
until 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.
4.4 Response Time - Penalty
Failure to arrive at the requested location within the prescribed response time may
result in cancellation of the service request. The alternate Contractor may be
notified.
4.5 Response Time — Penalty Assessment
If more than five percent (5%) of the City jurisdictional towing service requests,
in any sixty (60) day period exceed the maximum response time requirement,
Contractor may be required to pay a two hundred dollar ($200) penalty.
If more than five percent (5%) of the City jurisdictional towing service requests,
in any second sixty (60) day period, within a contract year exceed the maximum
response time requirement, Contractor may be required to pay a four hundred
dollar ($400) penalty.
If more than five percent (5%) of the City jurisdictional towing service requests,
in any third sixty (60) day period, within any contract year, exceed the maximum
response time requirement that shall constitute a failure to comply with the terms,
conditions and requirements of this Agreement. Violations of this provision may
result in termination of this Agreement.
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5.0 ON -CALL CONTRACTOR and CONTRACTOR ROTATION SCHEDULE
5.1 Contractor On -Call & Rotation
During the first contract year (September 1, 2000 to August 31, 2001) Tom
Moynahan shall be responsible for all police tows, impounds and all referral tows
beginning at 0000 hours on the first (1") day of every month through the fifteenth
(151h) day of every month. A to Z shall be responsible for all police tows,
impounds and all referral tows beginning at 0000 hours on the sixteenth (16th) day
of each month through the last day of each month.
During the second contract year (September 1, 2001 to August 31, 2002) A to Z
shall be responsible for all police tows, impounds and all referral tows begmning
at 0000 hours on the first (0) day of each month through the fifteenth (15t) day
of each month. Tom Moynahan shall be responsible for all police tows, impounds
and all referral tows beginning at 0000 hours of the sixteenth (10h) day of each
month through the last day of each month.
During the third contract year (September 1, 2002 to August 31, 2003) Tom
Moynahan shall be responsible for all police tows, impounds and all referral tows
beginning at 0000 hours on the first (1 St) day of every month through the fifteenth
(15`h) day of every month. A to Z shall be responsible for all police tows,
impounds and all referral tows beginning at 0000 hours on the sixteenth (16th) day
of each month through the last day of each month.
During the fourth contract year (September 1, 2003 to August 31, 2004) A to Z
shall be responsible for all police tows, impounds and all referral tows beginning
at 0000 hours on the first (1 ") day of each month through the fifteenth (15th) day
of each month. Tom Moynahan shall be responsible for all police tows, impounds
and all referral tows beginning at 0000 hours of the sixteenth (16t) day of each
month through the last day of each month.
During the fifth contract year (September 1, 2004 to August 31, 2005) Tom
Moynahan shall be responsible for all police tows, impounds and all referral tows
beginning at 0000 hours on the first (lit) day of every month through the fifteenth
(15th) day of every month. A to Z shall be responsible for all police tows,
impounds and all referral tows beginning at 0000 hours on the sixteenth (16`h) day
of each month through the last day of each month.
In the event this Agreement is extended pursuant to section 3.3 Option For
Extension, the schedule will continue to rotate as reflected.
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6.0 GENERAL DUTIES, REQUIREMENTS and OBLIGATIONS
6.1 City of National City - 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.
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.
6.3 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.
6.4 Business Office
Contractor shall maintain a functional business office within the location of the
yard used to store police initiated tows.
6.5 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 of 0800 to
1700 hours, Monday through Friday.
6.6 Suns
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
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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.
6.7 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.
6.8 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.
6.9 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.
6.10 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
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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 City by Contractor, or benefit provided 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.
6.11 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. 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. 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.
6.12 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,
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or representatives of automotive repair businesses for the purpose of estimating or
appraising damages.
6.13 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.
6.14 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, non-
public 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 Peace Officer, Evidence Technician 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 Peace Officer, Evidence Technician or Crime Scene Specialist removing the
property and by a representative of the Contractor.
6.15 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."
6.16 Vehicle Impound Control Card (PD form 250)
A Vehicle Impound Control Card (PD Form 250) shall be completed for all police
tows and police referral tows. A Vehicle Impound Control Card shall also be
completed for all collision tows when the police order, direct or assist in obtaining
a tow for a disabled vehicle. The impounding officer shall obtain a case number
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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 or administrative 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.
6.17 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 (STOP) 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 STOP 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 STOP 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, City
of National City pursuant to section 3.4 Re -Opener — Fee Schedule, of this
agreement.
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 50% 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 50% of the basic tow fee.
7.4 Fees - Police Department Errors and Omissions
When any vehicle has been ordered towed by City 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.
7.5 Referral Fee
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 shall be five thousand five hundred sixty five dollars
($5,565.) per quarter. The Referral Fee shall be payable for a period of five (5)
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years subject to adjustments as defined in Section 3.4 — Re -Opener Clause -
Referral Fee.
7.6 Referral Fee - Due Date
The Referral Fee payment shall be due and payable no later than the fifteenth (15)
day of the calendar month following the end of each quarter, pursuant to the
following schedule:
First Contract Year
1 st Quarter —December 15, 2000
2"d Quarter — March 15, 2001
3rd Quarter — June 15, 2001
4th Quarter — September 15, 2001
Second Contract Year
1st Quarter
— December 15, 2001
2"dQuarter —
March 15, 2002
3`d Quarter
— June 15, 2002
4'h Quarter
— September 15, 2002
Third Contract Year
1st Quarter — December 15, 2002
2"d Quarter — March 15, 2003
3rd Quarter —June 15, 2003
4`h Quarter — September 15, 2003
Fourth Contract Year
1st Quarter — December 15, 2003
2"d Quarter — March 15, 2004
P Quarter — June 15, 2004
4th Quarter — September 15, 2004
Fifth Contract Year
1st Quarter —
December 15, 2004
2"d Quarter
— March 15, 2005
3rd Quarter
— June 15, 2005
4th Quarter —
September 15, 2005
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7.7 Referral Fee - Late Fee
Any amount owed City beyond the due date, shall accrue interest each day the
amount due is not paid, at an annual rate equal to twelve (12%) percent per
annum, or at the maximum rate permitted by applicable law, whichever is lower.
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
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 Fee
The Negligent Vehicle impound Release Fee shall be an amount established by
City and published in the City of National City Fee Schedule, (Resolution 96-
131), as amended. Said fee is currently fifty-five ($55) 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
Contractor shall collect the NVIR fee of fifty-five ($55.00) 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 (5t'') day of each month and the twentieth (20t") day of each month.
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Payments due on the fifth (5th ) day of each month shall include and account for
all vehicles released by Contractor between the sixteenth (16"' ) 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 (0) 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.
7.13 NVIR Fee Payment — Late Fee
Any amount owed City beyond the due date, shall accrue interest each day the
amount due is not paid, at an annual rate equal to twelve (12%) percent per
annum, or at the maximum rate permitted by applicable law, whichever is lower.
7.14 STOP Impound Fee
The Serious Traffic Offender Program Fee shall be an amount established by
City, pursuant to City Council Resolution Number 98-8. Said fee is currently one
hundred fifty ($150) dollars. The STOP 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 STOP
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 STOP fees prior to the actual release of the vehicle.
Contractor shall remit the collected STOP fees to City pursuant to the below listed
payment schedule. The STOP fees shall be properly identified and itemized. The
STOP fee applies only to vehicles impounded pursuant to certain California
Vehicle Code Sections. See Attachment C for a list of applicable sections.
23
7.15 STOP Impound Fees - Due Date
STOP 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 (20lb )
day of the month shall include and account for all vehicles released by Contractor
between the first (V) day of the month and the fifteenth (15th ) day of the month,
(inclusive).
7.16 STOP Fee -Payment
The STOP 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 STOP fees consistent with the terms of this
agreement. The STOP fee of 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 STOP —Late Fee
Any amount owed City beyond the due date, shall accrue interest each day the
amount due is not paid, at an annual rate equal to twelve (12%) percent per
annum, or at the maximum rate permitted by applicable law, whichever is lower.
7.18 STOP - 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
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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 STOP program. This fifteen (15%)
percent fee shall not apply to STOP 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 STOP 30 Day
Vehicle Impound shall be deposited into Revenue Account Number 191-11000-
3550.
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:
A. 22651 (p) - S.T.O.P. Program
B. 22651 (i) — Five or more Parking Citations
C. 22655 — Hit & Run Investigation
D. 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.
M
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 shall 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 EQUIMENT and STORAGE LOT REQUIREMENTS
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 (GV)vVR) of not less than 14,500
pounds.
In addition, 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.
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
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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.
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.
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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 contract year of this Agreement, Contractor shall obtain and retain an
annual California Highway Patrol (CUP) tow truck safety inspection certification.
Contractor shall annually be able to show proof that every vehicle 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
In compliance with National City Municipal Code, Chapter 18.70, the storage
yard must be a minimum of ten thousand (10,000) square feet devoted to the
storage of vehicles. The storage yard shall be completely enclosed with a
minimum eight (8) foot security fence, with poles embedded in concrete, and no
further apart than six (6) feet. Construction of the fence and gates must be of
sufficient construction to prevent entry into the storage area of unauthorized
persons or vehicles. Additional security measures including but not limited to
audible and/or silent alarm systems, video surveillance and recording systems are
f►h3
encouraged but not required to meet the minimum standards of this agreement.
Vehicles and their contents must be kept safe from pilfering. 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. All vehicles towed and stored, as a result of this Agreement, shall for the term
of their storage, be contained within the confines of the storage yard.
If Contractor's vehicle storage yard is located outside the jurisdictional limits of
the City of National City, the above paragraph is not applicable. However, the
Contractor shall comply with the law, rules, regulations, and ordinances of the
local jurisdiction.
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.
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
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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.
10.0 INSURANCE REQUIREMENTS
The Contractor, at its sole cost and expense, shall purchase and maintain
throughout the term of this agreement, the following insurance policies:
A. Automobile Insurance: Covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage
of one million ($1,000,000) dollars combined single limit per accident. Such
automobile insurance shall include non -owned vehicles.
B. Garage Keeper's Legal Liability Insurance: Coverage with limits of not less
than one hundred thousand dollars ($100,000) for loss or injury to or
destruction of any stored vehicles as a result of fire, theft, explosion, riot, and
civil commotion or vandalism and malicious mischief.
C. Comprehensive General Liability Insurance: With minimum limits of one
million ($1,000,000) dollars combined single limit per occurrence, covering
all bodily injury and property damage arising out of its operation under this
Agreement.
D. Workers' Compensation Insurance: Covering all of its employees and
volunteers.
10.1 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 insureds.
10.2 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).
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10.3 Aggregate Insurance Limits
Any aggregate insurance limits must apply solely to this Agreement.
10.4 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; WII 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.
10.5 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's Risk Manager. If the Contractor does not keep all of such
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 breach of this Agreement and may terminate this Agreement as
provided herein.
10.6 Insurance Requirement — Extension 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.
10.7 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.
10.8 Sub -Contractor 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.
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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 parry 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 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
Georg If.. Waters, Mayor
APPROVED AS TO FORM:
- n /3 9 ,
George H. Eiser, III
City Attorney
TOM MOYNAHAN
By: �..
Tom Moynahaz
0-4 MIA,. �` 3t) -eg
(Title)
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ATTACHMENT A
TOWING FEE SCHEDULE
SERVICE FEE
BASIC TOWING $100.00
Includes First Hour Hookup, Labor, Standby Time, for vehicles
Under 9,500 GVW (unloaded).
MEDIUM SIZE — BASIC TOWING $125.00
Includes First Hour Hookup, Labor, Standby Time, for vehicles
Over 9,500 GVW but less than 22,000 GVW (unloaded).
LARGE SIZE — BASIC TOWING $150.00
Includes First Hour Hookup, Labor, Standby Time, for vehicles
Over 22,000 GVW (Unloaded).
ON -SCENE LABOR $ 25.00
Each 15-minute increment, beyond first hour.
DOLLIES $ 35.00
DRY RUN $ 40.00
PER MILE TOWING
$
3.00
Applies only to vehicles recovered outside the jurisdiction
of the City of National City.
MAXIMUM STORAGE — PER DAY
$
20.00
Per day means 24 hour period.
STORAGE PER HOUR
$
4.00
Up to maximum of $20.00 per day.
AFTER HOURS VEHICLE RELEASE
$
40.00
After 5PM and before 8AM including weekends and all holidays.
NOTIFICATION OF LIEN SALE
$
70.00
Vehicle valued at less than $4,000, (22851.12 CVC).
NOTIFICATION OF LIEN SALE
$100.00
Vehicle valued at over $4,000, (22851.12 CVC).
POLICE EQUIPMENT TOWING
No
Charge
Inside jurisdictional limits of National City.
CITY EQUIPMENT TOWING
$
50.00
Includes all City vehicles. Also includes police vehicles towed from
outside jurisdictional limits ofNational City.
CITY ADMINISTRATIVE FEE'S
NEGLIGENT VEHICLE IMPOUND RELEASE FEE $ 55.00
SERIOUS TRAMC 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.
California Vehicle Code
22500 Et seq. Prohibited Stopping, Standing, or Parking
22500.1 Prohibited Stopping, Standing, or Parking: Fire Lane
22651 (a) Unattended on Bridge
22651 (b) Hazard to flow of traffic
22651 (d) Blocking a driveway
22651 (e) Blocking fire hydrant access
22651 (h) Operator taken into custody — not practical to park or lock
22651 (i)
Unpaid parking citations
22651 (j)
Illegally parked and no evidence of registration displayed
22651 (k)
Parking over 72 hours
22651 (1)
Temporary tow away signs for street repair
22651 (m)
Highway authorization for other use, with 24-hour notice
22651 (n)
No parking tow away signs posted
22651 (o) (1)
Expired registration in excess of six months
22651 (p) Suspended or revoked license in violation of 12500, 14601,
14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604.
22651 (r) Illegally parked, blocking a legally parked vehicle
22652 Illegally parked in designated handicapped parking space
22653 (c) Removal from private property, at request of property owner,
when operator is taken into custody
22655 (a) Hit & Run suspect vehicle
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22656 Illegally parked or abandoned within 7 % 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.
California Vehicle Code
22651(p) - Includes Sections 12500, 14601, 14601.1, 14601.2,
14601.3, 14601.4, 14601.5 or 14604.
22651(h)(2) - Upon service of notice of an order of Suspension or
Revocation, pursuant to 13388 CVC.
14602.6 - 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.
36