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HomeMy WebLinkAbout2006 CON JC Towing 2006 - 2009AGREEMENT BY AND BETWEEN CITY OF NATIONAL CITY AND JC TOWING, INC. FOR TOWING AND IMPOUND SERVICES FOR THE PERIOD OF APRIL 1, 2006 TO MARCH 31, 2009 TABLE 0 CONTENTS Title & Section "Towing Agreement" Recitals 1.0 DEFINITION OF TERMS 1.1 Police Tow 1.2 Police Referral Tow 1.3 On Demand Tow 1.4 Secondary Tow 1.5 Collision Tow Page Number 7 7 8 8 .8 8 8 1.6 Response Time . 8 1 7 Contract Year 9 1.8 Fee Schedule 9 1.9 Referral Fee 9 1.10 Negligent Vehicle Impound Release Fee 9 1.11 STOP Fee 9 1.12 30 Day Impound Fee 9 2.0 ADMINISTRATION and MANA EMENT of AGREEMENT 2.1 Agreement Approval 2.2 Entire Agreement 2.3 Administration of Contract 2.4 Cooperation and Consultation 2.5 Compliance with Applicable Law 2.6 Licenses, Permits, Etc 2.7 Disputes 2.8 Mediation / Arbitration 10 . 10 10 11 11 ... 11 11 12 2 2.9 Legal Fees 12 2.10 Indemnification and Hold Harmles • 12 2.11 Business Records (10650 CVC et s g.) 13 2.12 Prohibition Against Use of Privileg d Information 13 2.13 Independent Contractor 13 2.14 Assignment 13 2.15 Workers' Compensation ... 14 2.16 Non -Discrimination Provision ... 14 2.17 Conflict of Interest and Political Re orm Act Obligations . 14 2.18 Termination of Agreement ... 15 2.19 Charges and Fees 15 2.20 Inspection ... 15 2.21 Notice of Termination 15 3.0 TERMS of AGREEMENT, OPTI 0 NS, RENEW and RE -OPENERS 3.1 Duration 16 3.2 Relevant Dates ... 16 3.3 Option to Renew 16 3.4 Re -Opener Clause - Referral Fee 17 3.5 Re -Opener Clause - Fee Schedule 17 3.6 Re -Opener Clause - 30 Day Impoun Fee (STOP) 17 4.0 RESPONSE TIME, EXCEPTION ` and PENALTY ASSESSMENT 4.1 Response Time ... 17 4.2 Response Time Computation 18 4.3 Response Time - Penalty ... 18 4.4 Response Time - Penalty Assessme 18 t n 5.0 ON -CALL CONTRATOR and C I NTRACTOR ROTATION SCHEDULE 5.1 Contractor On -Call & Rotation 19 6.0 GENERAL DUTIES, REQUIRE ENTS and OBLIGATIONS 6.1 Business License 19 6.2 Contractor Availability - Response o Service Requests 19 6.3 Contractor Towing Forfeited Vehic es 20 6.4 Contractor Availability - Vehicle R lease 20 6.5 Business Office 20 6.6 Business Office Hours 20 6.7 Contractor's Employees 21 6.8 Signs . 21 6.9 Method of Payment - Towing or St. rage Charges (22651.1 CVC) 21 6.10 Storage of Vehicles; City, Seized, E identiary 22 6.11 Removal from Private Property 22 6.12 Notice to City - Private Property Im ounds 22 6.13 Gratuities (12110 CVC) 22 6.14 Tow Truck Driver - On Scene Dutie. 23 6.15 Access to Stored Vehicles 23 6.16 Access to Stored Vehicle - Removal if Private Property 23 6.17 Access to Evidentiary Vehicles 24 6.18 Invoices 24 6.19 Vehicle Impound Control Card (PD orm 250) 24 6.20 Proceeds from Lien Sale 24 7.0 FEES 7.1 Fee Schedule 7.2 Secondary Tow Fees 7.3 City Vehicle Tow Fees 25 26 26 7.4 Fees - Police Department Errors a . Omissions 7.5 Referral Fee 26 7.6 Referral Fee - Due Date 27 7.7 Referral Fee - Late Fee 27 7.8 Referral Fee - Payments 27 7.9 Negligent Vehicle Impound Releas- (NVIR) Fee 28 7.10 NVIR Fee 28 7.11 NVIR Fee - Payment Due Date 28 7.12 NVIR Fee - Payments 28 7.13 NVIR Payment - Late Fee 29 7.14 Serious Traffic Offender Program (. TOP) Impound Fee 29 7.15 STOP Impound Fees - Due Date 29 7.16 STOP Fee - Payment 29 7.17 STOP Fee - Late Fee 30 7.18 STOP; 30-Day Vehicle Impound F-es 30 7.19 30-Day Impound Fees - Due Date a d Payment 30 8.0 VEHICLE RELEASE 8.1 General Rule - Vehicle Release ... 30 8.2 Exceptions to General Rule 30 8.3 Hit & Run Investigations - Mandato Release (22655(b) CVC) 31 8.4 Questions, Problems, or Controvers Associated with Vehicle Release 31 8.5 Expert Training - DMV Document I i entification 31 9.0 MINIMUM TRUCK EQUIPMEN and STORAGE LOT REQUIREMENTS 9.1 Minimum Tow Truck Requirements 31 9.2 Minimum Tow Truck Equipment Requirements 32 33 9.3 Tow Truck Identification 9.4 Tow Truck Lighting Equipment 26 33 5 "TOWING AGREEMENT" This Agreement is made and entered into i 7th day of March, in the year 2006, by corporation, herein after referred to as "Ci "Contractor." RECITALS Whereas, the City of National City impound services to maintain the safe vehicles in accordance with the laws ordinances and regulations of the City Whereas, the City Council, City of Nat selection and designation of profession storage service upon the request of the • Whereas, JC Towing, Inc. has a hist competitive process, and together with best qualifications and capability of services for the City of National City; the City of National City, State of California, on this nd between the City of National City, a municipal y", and JC Towing, Inc., herein after referred to as olice Department requires professional towing and y of the public right-of-way and to seize and secure of the State of California and the Municipal Code, f National City; and onal City has adopted policies and procedures for the 1 towing contractors to provide towing, impound and ational City Police Department. ry of satisfactory service and has participated in a nother towing contractor has been found to have the providing the highest quality, professional towing d • Whereas, the City of National City d sires to have Contractors perform exclusive towing service within the City of National C ty and Contractor represents and warrants they are experienced and staffed in a manner s ch that they are capable and prepared to deliver the services required by the City of Nation. I City within the time frames herein provided, all in accordance with the terms and conditio s of this Agreement. NOW, THEREFORE, BE IT RESOLVED hat the City of National City and JC Towing, Inc. do hereby mutually assent to the terms and conitions as follows: 7 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 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 mpound 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 e apsed time between the relaying of the tow service request by a Police Department Employee to the Contractor and the arrival of the specific tow truck type requested to fulfill the tow need on scene. (For example: NCPD Dispatch phones in a request for a low profile truck to tow an evidence hold vehicle to the underground parking lot of NCPD. The response of a NON low profile tow truck which cannot accommodate towing the vehicle into the underground parking lot of the National City Police Department does not qualify as fulfilling the Response Time requirement ) NCPD does not have a group of employees that have a singular function of requesting tow service and would be called a "tow dispatch center." Under normal circumstances the tow company will be called by the NCPD "Dispatch Center." The NCPD "Dispatch Center" is the Police Department's multifunction emergency and non -emergency telephone/radio operators. Under most situations a call for field service will be relayed by the Police dispatchers via telephone to the tow contractors. However, there is a need to allow for direct requests to the tow contractor by any NCPD employee. This may be done by phone or in person to either the tow 8 company's dispatcher or to a tow truck dri tow, wherein there is a need for additional where a collision occurred and originally a arrival it is determined that another tow tru the driver on the scene to obtain the servic the officer advises NCPD dispatch that he/ entry is made.) 1.7 Contract Year is defined as any agreement. The first contract year begins second contract year begins on April 1, 2 year begins on April 1, 2008 and ends on this contract. 1.8 Fee Schedule is defined as the fe agent of the subject vehicle for various approved and authorized by a majority vot schedule includes itemized charges for nu limited to hook up fees, dolly fees, daily Schedule is identified and located at Attach 1.9 Referral Fee is authorized by Cali quarterly fee charged to Contractor by City services for City. The Referral Fee is desig the police department to process and ad adjusted throughout the term of this Agree Referral Fee. 1.10 Ne li ent Vehicle Im ' ound Rel Negligent Vehicle Impound Release Fee i agent of a vehicle that violated certain, s National City Municipal Code. The NVIR The NVIR fee may be adjusted during the Council. This fee is collected by Contractor 1.11 S.T.O.P Fee The Serious Traffic provides for a 30-day impound of vehicles. the program is authorized by the City Coun 22850.5. The fee is currently set at one h adjusted during the term of this agreemen charged to the vehicle owner, operator or ag 1.12 30-Day Impound Fee is defined as Serious Traffic Offender Program vehicle is when City releases a vehicle prior to the full prevent or preclude the early release o circumstances warrant. The Impound Fee w on released vehicles. This is unchanged fro er that is already on the scene of an NCPD requested ervices. (An example of this would include times officer makes a request for one two truck. Upon k will be needed and the officer makes the request to s of another truck. The driver calls in the request and he has made the request and an appropriate CAD one year, 365 day period during the term of this on April 1, 2006 and ends on March 31, 2007. The 07 and ends on March 31, 2008. The third contract arch 31, 2009. There are three (3) successive years in s charged by Contractor to the owner, operator, or ervices charged by Contractor. The fee schedule is of the City of National City, City Council. The fee erous towing and storage services including but not storage fees, after -hour release fees, etc. The Fee ent A of this document. ornia Vehicle Code § 12110(b) and is defined as a for the right to provide towing, impound and storage ed to offset actual and reasonable costs incurred by inister towing services. The Referral Fee may be ent, consistent with Section 3.4, Re -Opener Clause — ase Fee is authorized by the City Council. The defined as a fee charged to the owner, operator or ecified sections of the California Vehicle Code or ee is currently established at fifty-five ($55) dollars. term of the agreement at the discretion of the City n behalf of City. ffender Program targets the unlicensed driver and fee, designed to off set the administrative costs of it under the authority of California Vehicle Code § ndred fifty ($150) dollars. The STOP fee may be at the discretion of the City Council. This fee is nt and is collected by Contractor on behalf of City percentage fee paid to City by Contractor, when a held for 30-day storage. This fee is not applicable 30-day period. Nothing in this section is intended to a 30-day hold STOP vehicle if extraordinary II remain at 15% of the amount collected for storage the previous contract. 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, Human Resources Director, 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. 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 duties and responsibilities to subordinates to insure functional management, supervision and operation of this Agreement. Contract Administrator For The City of National City Dr. Adolfo Gonzales Chief of Police National City Police Department 1200 National City Blvd National City, CA. 91950 (61'9) 336-4511 Management and Operations Neighborhood Policing Team I Lieutenant National City Police Department 1200 National City Blvd National City, CA 91950 (619)336-4400 10 Inspection & Operational Supervision Traffic Division Sergeant National City Police Department 1200 National City Blvd National City, CA 91950 (619) 336-4420 Contract Administrator for JC Towing, Inc. Owner: G. John Clark, III 2501 Faivre Street, Chula Vista, CA 91911 Ph: (619)429-1492 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, insurance or approval which is legally required for the Contractor to practice its profession. 2.7 Disputes Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under any term of this Agreement which is not disposed of by this Agreement shall be decided by the Chief of Police who will furnish the decision to the Contractor in writing. Contractor shall proceed diligently with performance of this Agreement pending receipt of the decision of the 11 Chief of Police. The decision of the Chief of Police is final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, arbitrary, capricious or so grossly erroneous as to necessarily imply bad faith. The "Disputes" clause does not and is not intended to preclude consideration of legal questions in connection with decisions provided in the above paragraph. Nothing in this Agreement shall be construed as making final the decision of any administrative official, representative, or council on a question of law. 2.8 Mediation / Arbitration If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego County, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The cost of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego County, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the cost of its own experts, evidence and attorneys' fees, except that the 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. Attorneys` fees to the prevailing party if other than the City shall, in addition, are 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. 12 2.11 Business Records 10650 CVC et Contractor shall maintain and retain data nd records of all tow services furnished, including description of vehicles, nature of service, i ate, time of notification by City, time of tow truck dispatch, time of arrival of tow truck at sce e, location of calls, total itemized charges of towing and storage, and the description of all vehic es 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, iden forwarded to City and state. All such dat maintained in an accessible location. The without notice during normal business ho transcripts of all data and records with res the City. If Contractor employs, assigns process the DMV required processing r available all relevant records, data or docu privacy rights in order to permit City t possession of a third -party vendor. ification of the purchaser, and the amount of monies and original towing and storage records shall be ontractor shall make available and permit the City rs to audit, examine and make excerpts, copies, or ect to the towing and storage of vehicles initiated by r contracts with a third -party vendor to manage or garding lien sale vehicles, Contractor shall make ents regarding lien sales. Contractor shall waive any inspect, review and copy any relevant record in 2.12 Prohibition A • ainst Use of Privile ed Information Contractor shall not use for personal gain information that is acquired from or obt management or operation of this agreem Confidential Information" shall include Ci and storage of vehicles, DMV information, 2.13 Independent Contractor Contractor shall for all purposes arising o Contractor and employees of Contractor s expressly understood and agreed that the result of this Agreement, be entitled to including but not limited to overtime, retire leave, medical leave, unemployment or any Neither the City nor its officers, agents or the Contractor or any of the Contractor's e expressly agrees not to represent that the employees are in any manner agents, sery that the Contractor, its agents, servants, a contractors and that the Contractor's obliga this Agreement. 2.14 Assignment This Agreement contemplates the person employees, and it is recognized by the p entering into this Agreement was, and is, Contractor and its employees. Neither this transmit or disclose any privileged or confidential fined as a result of information gathered from the nt. For the purpose of this section, "Privileged or y or police department records unrelated to towing r Criminal History information. t of this Agreement, be an independent Contractor. all not be deemed employees or agents of City. It is ontractor and its employees shall in no event, as a y benefit to which City employees are entitled, ent benefits, workers' compensation benefits, injury other leave benefits. mployees shall have any control over the conduct of ployees except as herein set forth, and the Contractor Contractor or the Contractor's agents, servants, or nts, and employees of the City, it being understood d employees are as to the City wholly independent ions to the City are solely such as are prescribed by 1 services of the Contractor and the Contractor's rties that a substantial inducement to the City for the professional reputation and competence of the greement nor any interest herein may be assigned by 13 the Contractor without the prior written con to prevent the Contractor from employing o Contractor may deem necessary for the pro agreements by Contractor with its subcont 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 amendents thereto; and all similar State or Federal acts or laws applicable; and shall indemnify, de end and hold harmless the City and its officers, employees and volunteers from and agai st all claims, demands, payments, suits, actions, proceedings and judgments of every naturand 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 sai, acts which may be incurred by reason of any work to be performed by the Contractor under thi, Agreement. ent of the City. Nothing herein contained is intended hiring as many employees, or subcontractors, as the er and efficient performance of this Agreement. All actors(s) shall require the subcontractor to adhere to 2.16 Non -Discrimination Provision The Contractor will not discriminate agains of age, race, color, ancestry, religion, sex physical handicap, or medical condition. T applicants are employed without regard to orientation, marital status, national origin, shall include but not be limited to the foil recruitment or recruitment advertising, lay compensation, and selection for training, in in conspicuous places available to empl provided by the City setting forth the provisi any employee or applicant for employment because sexual orientation, marital status, national origin, e Contractor will take positive action to insure that heir age, race, color, ancestry, religion, sex, sexual hysical handicap, or medical condition. Such action wing: employment, upgrading, demotion, transfer, ff or termination, rates of pay or other forms of luding apprenticeship. The Contractor agrees to post yees and applicants for employment any notices ons of this non-discrimination clause. 2.17 Conflict of Interest and Political R form Act Obligations During the term of this Agreement, the Con ractor shall not perform services of any kind for any person or entity whose interest's conflict in ny way with those of the City of National City. The Contractor also agrees not to specify any pr•duct, treatment, process or material for the project in which the Contractor has a material finan ial interest, either direct or indirect, without first notifying the City of that fact. The Contra tor shall at all times comply with the terms of the Political Reform Act and the National Ci y Conflict of Interest Code. The Contractor shall immediately disqualify itself and shall not se its official position to influence in any way any matter coming before the City in which the ontractor 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 requir 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 Attorne if Contractor learns of an economic interest of Contractor's that may result in a conflict of i terest for the purposes of the Political Reform Act, and regulations promulgated thereunder. 14 The Contractor shall be strictly liable to th. City for all damages, costs or expenses the City may suffer by virtue of any violation of this sect on by the Contractor. 2.18 Termination of Agreement This Agreement may be terminated immed' ately by the City for cause in the event of a material breach of this Agreement, misrepresentati.n by the Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the City. Termination for cause shall be effected by delivery of written Notice of Termination to the Contractor as provided for in Section 2.21. In the event of termination, all finished or unfinished memoranda, reports, plans, specifications and other documents prepared by the Cont actor, 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 compensatio 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 Co tractor; (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 Charles and Fees Contractor is authorized and responsible f.r the collection of all applicable towing and storage charges, and any fee authorized or require •' by City to defray costs to City for the management and operation of this agreement, prior to rel asing 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 ith the National City Police Department Traffic Division Sergeant and/or designee. Said in pections shall be conducted during normal business hours. Upon completion of inspection the T affic Division Sergeant shall submit a written report to the Contract Administrators. 2.21 Notice of Termination All notices or other communications requi shall be personally delivered; or sent by ov registered of certified mail, postage prepai postage prepaid; or telegraphed or cabled; fax; and shall be deemed received upon t delivery to the address of the person to re business day following its deposit in such certified or ordinary mail, five (5) days, ( ed or permitted hereunder shall be in writing, and might mail (Federal Express or the like); or sent by , return receipt requested; or sent by ordinary mail, r delivered or sent by telex, telecopy, facsimile or e earlier of (i) if personally delivered, the date of eive such notice, (ii) if sent by overnight mail, the vernight mail facility, (iii) if mailed by registered, en (10) days if the address is outside the State of 15 To the CONTRACTOR: California) after the date of deposit in a pest office, mailbox, mail chute, or other like facility regularly maintained by the United Stat .s 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: Contract Administr Dr. C tor For The City of National City dolfo Gonzales ief of Police National C ty Police Department 1200 National City I: lvd National City, CA. 91950 (6 9) 336-4511 JC T ing, Inc. G. Jo Clark, III 2501 Faivre S reet, Chula Vista, CA 91911 (6 9)429-1492 3.0 TERM OF AGREEMENT, OPTI 3.1 Duration The duration of this Agreement shall be thr 3.2 Relevant Dates This Agreement begins at 0000 hours on 31, 2009. 3.3 Option to Renew The City of National City reserves the op month periods under the terms and conditi commencement of service. The renewal is and the Contractor with such agreement to sixty (60) days prior to the expiration of t Contractor may decline to confirm the rene shall render the renewal option null and voi The City's initial letter informing the Contr contract does not constitute an award of confirmed by the City of National City in w NS, and RE -OPENERS (3) successive years with an option for extension. pril 1, 2006 and terminates at 2400 hours on March ion to renew the contract for up to four (4) six (6) ns herein stated beginning on the anniversary of the contingent on a mutual agreement between the City be confirmed by the Contract Administrator within contract period. The City of National City or the al of the contract for any reason whatsoever, which ctor of the City's exercise of its option to renew the e option period. Any option acceptance must be iting, before it becomes valid. 16 The City will not grant an option, if the Contractor requests an increase which exceeds the average percentage variant for the previous twelve (12) months in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the National City area as published by the Bureau of Labor Statistics, or five percent (5%) whichever is less. If a price increase is requested, the Contractor must provide detailed supporting documentation to justify the requested increase. The City will evaluate the requested increase, and the City reserves the right to accept or reject. 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 twelve consecutive month period of this agreement, City shall review all tow data and develop accurate records to determine the actual number of Police and Referral Tows in the preceding twelve-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 twelve 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 twelve 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 the preceding twelve 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 Response time is defined as the elapsed time between the relaying of the tow service request by a Police Department Employee to the Contractor and the arrival of the specific tow truck type requested to fulfill the tow need on scene. (For example: NCPD Dispatch phones in a request for a low profile truck to tow an evidence hold vehicle to the underground parking lot of NCPD. The response of a NON low profile tow truck which cannot accommodate towing the vehicle 17 into the underground parking lot of NCP requirement.) The Response Time for Towing Service sh jurisdictional limits of City. Due to the limited number of out of jurisdi evaluated on an individual basis for towing City. Complaints or irregularities involving between the Contract Administrators. Response Time is defined as the elapsed ti the Contractor and the arrival of the tow tru The Contractor is expected to dispatch an towing request. The Contractor is expected to notify the N response time requirement cannot be met. at the scene will have the discretion to can and re -dispatch to a Secondary tow Contra refers to the next tow company in rotation. 4.2 Response Time Computation Response time is computed from the time the dispatch CAD system and the Contract shall notify dispatch of the tow truck arri system shall be the final resolution of an failure to record relevant times by the on-d assessment. 4.3 Response Time - Penalty Failure to arrive at the requested location cancellation of the service request. The alte 4.4 Res t onse Time - Penal Assessm Contractor shall pay a five hundred percent (5%) of the tows in any calendar requirement per any single request by the C Failure to meet Response Time requiremen does not qualify as fulfilling the Response Time 11 not exceed twenty (20) minutes for tows inside the tion towing service requests, response times shall be service requests outside of the jurisdictional limits of out of jurisdiction towing requests shall be managed e between the relaying of the tow service request to k on scene. available tow truck immediately upon receipt of a tional City Police Communications Center when the he Police Communications Dispatcher or the officer el the tow if the response time cannot or is not met tor, at no cost to City. "Secondary tow Contractor" e police dispatcher enters the request for a tow into r arrives on scene. The on -scene investigating officer al. The police department computer aided dispatch actual time dispute regarding response times. Any ty dispatcher shall not be considered in any penalty within the prescribed response time may result in nate Contractor may be notified. nt dollar ($500.00) penalty, if more than five month period exceed the maximum response time ty for emergency towing services. s may result in termination of this contract. 18 5.0 ON -CALL CONTRACTOR and CONTRACTOR ROTATION SCHEDULE 5.1 Contractor On -Call & Rotation The contractor on -call rotation shall run weekly, beginning at 0000 hours on Sunday, through the following Saturday. The Traffic Division Sergeant will do the selection for the on call rotation at the beginning of each contract year. The Traffic Division Sergeant will select the contractor rotation by an impartial means agreeable to contractors involved. Should all contractors not meet an agreement as to means the Traffic Division Sergeant will make the selection, the means will be directed by the Chief of Police and the Chief's decision will be final. Any contractor selected as the first in the rotation schedule at the beginning of a contract year will begin the first day of the contract year (whatever day of the week the contract year begins) and end that rotation on the following Sunday as to establish the Sunday through Saturday rotation cycle. It is understood that the number of contractors selected divided into the number of weeks per year may not result in each contractor havi g the same number of overall tow days per year. In the event this Agreement is extended pursuant to section 3.3 Option for Renewal, the schedule will continue to rotate as reflected. 6.0 GENERAL DUTIES, REQUIREMENTS and OBLIGATIONS 6.1 Business License Contractor shall at all times during the term of this Agreement retain a valid City Business License in compliance with National City Municipal Code § 6.04 Et seq. Contractor businesses and storage lots located within the jurisdictional limits of the City of National City must conform to all City of National City building ordinances, zoning regulations, land use requirements and must have the approval of the City Planning Department. Contractor businesses and storage lots located outside the jurisdictional limits of the City of National City must conform to all City (if located within an incorporated City) or County (if located within an unincorporated County area) building ordinances, zoning regulations, land use requirements within the jurisdiction of location. 6.2 Contractor Availability - Response to Service Requests Contractor shall be available to promptly respond twenty-four (24) hours a day, seven (7) days a week including all holidays, consistent with the On -Call and Rotation Schedule, for all requests initiated by City for towing services. Upon award of contract Tow Contractors shall operate a dispatching system. The Tow dispatching system shall be sufficiently staffed and equipped to accept all telephone calls, without delay, twenty-four (24) hours a day, seven (7) days a week. Delay is defined as the 19 City or the public receiving no answer after Tow Contractors using paging systems are of the initial page by the City. The City does not currently have plans for NCPD dispatch system. Therefore the City equipment to be used to integrate into an au contractor to ensure they are able to meet t whatever means they deem appropriate. Since there are no current plans to add auto system there are no minimum requirements 6.3 Contractor Towin Forfeited Veh The Contractor shall tow all forfeited vehicl six (6) rings or busy signal to their telephone call. equired to respond to a page within five (5) minutes dding automated tow dispatching to the existing is not requiring any contractor to purchase omated tow dispatching system. It will be up to the response time requirements of the contract by ated tow dispatching to the existing NCPD dispatch established for such a system upgrade at this time. des The Contractor shall not drive the forfeited facility. Use of vehicles for personal use is In the event it is found that a towed vehicle vehicle to be picked up from the Contractor National City Police Department, Serious T storage fees. 6.4 Contractor Availabili - Vehicle s, as ordered by the City. ehicles except to move them within the storage trictly prohibited. s subject to forfeiture the City shall arrange for the s storage facility and the Contractor shall invoice the affic Offenders Team (STOP) for all towing and elease Contractor shall be available to release representatives, twenty-four (24) hours a da 6.5 Business Office Contractor shall maintain a functional bus ness office within the location of the yard used to store police initiated tows. vehicles to their owners, agents or authorized , seven (7) days a week including all holidays. 6.6 Business Office Hours Contractor shall adequately staff their busi meet the public during the normal business shall be located within the storage yard for the public and the City from 0800 to 18 observed holidays. City observed holidays New Years Day, Dr. Martin Luther King Jr Day, Memorial Day, Independence Day, Christmas Day. ess office in order to remain open and available to office hours. The business office of the Contractor hich a towed vehicle is located and be open to serve 0 hours, Monday through Friday, except for City e 's Birthday, Washington's Birthday, Caesar Chavez abor Day, Veteran's Day, Thanksgiving Day, and 20 6.7 Contractor's Employees All drivers must maintain a professional uniform. The Contractor shall furnish staff the company name and logo. Appropriat employees that are being trained. All e manner when interacting with the public or Within ten (10) days of provisional awar Police Department Traffic Division Serge assigned to the contract. The Contractor will notify National City Po a new employee is hired that is assigned to to vehicles impounded pursuant to police re Contractor shall ensure that all tow truck properly licensed, qualified and competent e drivers are trained and proficient in the use not limited to, the procedures necessary for tow truck drivers shall possess the proper cl with a class 'A' endorsement to allow oper cargos. Contractor's employees shall be qualified to In the event a driver or the equipment is in request, a charge for service or labor will no 6.8 Signs In compliance with California Civil Code § office, in plain view at the cashier's statio inches in size, with lettering not less than charges in force, including the maximum (Attachment A) in the appropriate size and I Additionally, Contractor is required by Cal conspicuous place a notice to the effect tha Department may only be released upon proo name and telephone number of the local poli 6.9 Method of Pa ment - Towin or St ppearance. Staff shall work in a neat and clean ith a shirt or some other type of outerwear bearing clothing will be worn at all times including by loyees will conduct themselves in a professional ity employees. the Contractor(s) shall provide the National City nt with the names of all employees that will be ice Department Traffic Division Sergeant whenever erform duties under the contract or may have access uest. rivers responding to calls initiated by the City are ployees. The Contractor shall ensure all tow truck the tow truck and related equipment, including, but the safe towing and recovery of ALL vehicles. All ss license and certificates for towing vehicles, along tion of special vehicle configurations and/or special erform all work undertaken by or assigned to them. dequate and the Contractor is unable to service the be permitted. 070 (E), Contractor shall display inside the business a sign. Said sign shall not be less than 17 by 22 one inch in height, disclosing all storage fees and daily storage rate. Posting of the Fee Schedule ering complies with CCC § 3070 (E). fornia Vehicle Code § 22850.3 (b) to display in a a vehicle impounded at the direction of the Police of current registration. Said notice must include the e agency that caused the vehicle to be stored. ra a Char es 22651.1 CVC At a minimum, Contractor shall accept a v and storage by the registered owner, legal Pursuant to California Civil Code § 1748 cardholder who elects to use a credit card in id bank credit card or cash for payment of towing owner, or the owner's agent claiming the vehicle. 1, Contractor shall not impose a surcharge on a ieu of cash for payment of any fees pursuant to this 21 Agreement. In addition, Contractor shall h: ye sufficient funds on the premises to accommodate and make change in a reasonable monetary transaction. 6.10 Storage of Vehicles; City, Seized, Contractor shall immediately provide writt Traffic Unit whenever a city vehicle, seize stored in excess of forty-eight (48) hours. the City may result in forfeiture of Contra The Contractor shall provide invoices to th Assistant for the towing of each City owne each vehicle for evidentiary purposes. The the date, time, origin, and disposition of the City employee authorizing the tow and/or s destination, and an itemized cost of service commensurate with the attached rate sched Police Department Operations Assistant no services rendered. City shall make paymen month previous. • I videntiary n notice to the National City Police Department vehicle or one towed for evidentiary purposes is ailure to provide the required written notification to or's right to storage fees. National City Police Department Operations and each seized vehicle, and towing and storage of 'nvoices shall include the description of the vehicle, towed vehicle, name and identification number of orage, the mileage starting and finishing at provided (mileage, number of storage days) le. Invoices shall be delivered to the National City ater than the fifteenth (15th) of the month following for services rendered on a monthly basis from 6.11 Removal from Private Property Pursuant to California Vehicle Code § 22658(h) a towing company may impose a charge of not more than one-half of the regular towing charge for the towing of a vehicle at the request of the owner of private property or that owner's agent pursuant to this section if the owner of the vehicle or the owner's agent returns to the vehicle before it is removed from private property. The regular towing charge may only be imposed after the vehicle has been removed from the property and is in transit. Pursuant to sub -section (i) (2), if a vehicle 's 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 sto age charge may be required for any vehicle released the same day that it is stored. 6.12 Notice to City - Private Property Impounds In addition to the requirements set forth in California Vehicle Code § 22658 Contractor agrees to notify the National City Police Department of all vehicle impounds from private property, within the jurisdictional limits of City, that result in storage of the vehicle. Notice shall include but not be limited to a complete description of the vehicle including the vehicle identification number, location of impound and name of property owner or agent who authorized the impound. Notice shall occur within one hour of taking possession of the vehicle. Generally, private property impounds are considered On -Demand Tows. 6.13 Gratuities (12110 CVC) Contractor or Contractor's employees shall not offer or provide City, and no City employee shall accept any direct or indirect commission, reduced fee, gift, recreation, favors, seasonal gratuity, 22 or any compensation whatsoever from Contractor. No City employee shall offer or provide Contractor with any gift, recreation, favor, seasonal gratuity, or any compensation whatsoever. No City employee is permitted to purchase a lien sold vehicle from Contractor that resulted from a police initiated tow or referral tow. City employees shall not purchase any vehicle or vehicle part from Contractor for a reduced fee or a fee below the prevailing rate as determined by industry standards. The intent of this section is to avoid the mere appearance of impropriety involving the contractual relationship. Contractor or Contractor's employees are prohibited from accepting any money or anything of value from a repair shop for delivery or the arranging of a delivery of a vehicle for the purpose of storage or repair. Nothing in this section is intended to preclude Contractor from charging a repair shop appropriate towing fees pursuant to the Fee Schedule. No benefit provided 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. 6.14 Tow Truck Driver - On -Scene Duties Upon arriving on -scene of a police initiated tow, the Contractor's employee shall report to the investigating Peace Officer in charge. The officer -in -charge shall make every reasonable effort to inform Contractor's employee of any unusual circumstance or hazardous condition. Contractor's employee shall make every reasonable effort to inform the officer -in -charge of any unusual circumstance or hazardous condition undetected by the officer -in -charge. The officer -in -charge may request additional towing services from the Contractor's employee and the officer -in -charge shall have the authority to waive the Response Time requirements for additional services based on the on -scene needs. Contractor's employee shall make every reasonable effort to comply with instructions or directions provided by the officer -in -charge. Contractor's employee may make any emergency alterations reasonably required to safely move and/or impound vehicles. Contractor shall be responsible for removing and appropriately disposing of collision related debris from the public right-of-way to ensure public safety. Contractor shall also remove or render inert any liquid debris that may reasonably be considered a safety hazard to the public - right -of -way. If the removal of any type of debris or hazardous material is beyond the capability of Contractor, Contractor's employee shall inform the officer -in -charge so accommodations can be made. 6.15 Access to Stored Vehicles During regular business hours, Contractor shall make vehicles stored at the request of City available to that vehicle's registered owner, a person who can be verified to be the registered owner's agent, insurance agents, insurance adjusters, or representatives of automotive repair businesses for the purpose or estimating or appraising damages. 6.16 Access to Stored Vehicles — Removal of Private Property Pursuant to California Vehicle Code § 22851(b); no lien shall attach to any personal property in or on the vehicle. The personal property in or on the vehicle shall be given to the current 23 registered owner or the owner's authorize responsible for personal property after any Chapter 10 of the California Vehicle Code. Pursuant to California Civil Code § 3068.1 of the vehicle. Possession is deemed to ari 6.17 Access to Evidentiary Vehicles Vehicles impounded by City for investig Sections 22655 or 22655.5 shall be held i property, until the vehicle is released by or Agreement. No person other than a Police Officer, Property & Evidence Unit employee or C any property or other contents from evide shall be recorded as removed on the con signed by the Police Officer, Reserve Pol Evidence Unit employee or Crime Sc representative of the Contractor. 6.18 Invoices All invoices for towing and impounds purs itemize each and every specific charge or f day basis, for example: 10 days storage @ documented on the invoice. The customer s after all fees have been paid and the invoice 6.19 Vehicle Im ound Control Card P A Vehicle Impound Control Card (PD F Vehicle Impound Control Card shall also order or direct a tow for a disabled vehicle. and enter, the case number on the control c control card. Contractor shall not be liable for uncolle Impound Control Card (PD Form 250) is n Form 250 shall contain the lawful authority However, the impounding officer may elec OTHER section of the form. 6.20 Proceeds from Lien sale In conformance with California Civil Code § 3073 and California Vehicle Code § 22850.5 the proceeds from the lien sale of any vehi le impounded pursuant to the Negligent Vehicle agent upon demand. The lien holder shall not be chicle has been disposed of pursuant to Division 11, the lien is deemed to arise on the date of possession e when the vehicle is removed and is in transit. tive purposes pursuant to California Vehicle Code maximally secured, nonpublic areas of Contractor's er of City or in conformance with section 8.3 of this eserve Police Officer, Field Evidence Technician, me Scene Specialist employed by City shall remove tiary vehicles. Property removed from such vehicles ent inventory and the content inventory dated and ce Officer, Field Evidence Technician, Property & ne Specialist removing the property and by a ant to this Agreement shall clearly and individually e type. Daily storage fees shall be itemized on a per per day. All itemized City fees of all types shall be all be provided no less than one copy of the invoice, marked "Paid." form 250 rm 250) shall be completed for all police tows. A e completed for all collision tows when the police The impounding officer shall obtain a case number rd before giving the tow truck driver a copy of the ted City or administrative fees when the Vehicle t properly completed by the impounding officer. PD to impound pursuant to the California Vehicle Code. to use the words "Admin Fee Applies" listed in the 24 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 p ocessing the vehicle for lien sale shall be paid to the (lien holder) Contractor. 2. Any and all City administrative ees, including individual fees or any partial fees associated with the STOP and/or JIR 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 forwa ded to the California Department of Motor Vehicles for deposit in the Motor Vehicle Ac.ount in the State Transportation Fund. 7.0 FEES 7.1 Fee Schedule Attachment A to this Agreement provide Contractor will be authorized to collect services rendered on behalf of City. The At and until amended by the City Council, City Fee Schedule, of this agreement. The schedule of rates charged by the operat presented upon demand to person(s) for wh or any representative of the City at the seen a complete schedule of all charges and fees the rom consumers for towing, impound, and storage achment A rate schedule shall remain in place unless of National City pursuant to section 3.5 Re -Opener - 4- shall be available in the tow truck, and shall be m the tow services were provided, or his/her agent, In the event of a significant or substantial in :rease in operating expenses, which was not caused by any action of the Towing Contractor, a temporary surcharge may be added in the current rates for any and all of the services provided purs cant to this agreement. The Towing Contractor shall petition the City for the increase in towing a id storage rates and provide supporting documentation. Any surcharge is subject to approval by the City. Rate changes may be sought at the will of th City. This process may be instituted by routine cost of service evaluation by the City or by request by the contractor. It is understood that there may be a need for rate changes during the to -m of the contract. Therefore, during the term of the contract, should any contractor make a requ=st for rate changes, the contract Administrator will forward the request appropriately for consid :ration. No rate adjustments will be considered withslut City Council approval. Any cost -of -living increase to the tow rates hall be calculated from the Consumer Price Index (CPI) as published for the first quarter of each calendar year. In any year in which this index is not available, the City shall ascertain and uti ize some similar criterion and establish, retroactively, a figure for the computation. Any increase in the City Standard Rates will trigger a proportional increase in the City's Referral Fee beginning of July 1st of each contract year. 25 7.2 Secondary Tow Fees Secondary towing fees are the responsibi determined that City is liable for the secon Basic Tow Fee for Secondary Tows, if appl No storage fees shall accrue while the subj City Police Department. Police personnel Police Department until all Contractor fee operator or agent. In the event a vehicle i fees were not paid, City shall be liable for t 7.3 City Vehicle Tow Fees Contractor agrees not to charge City a fe vehicles whether the tow resulted fro jurisdictional limits of National City. Contractor shall charge City 50% of the B whether the tow resulted from mechanical of National City. Fees for all City vehicle tows including p limits of National City, shall be resolved exceed 50% of the basic tow fee. 7.4 Fees - Police De i artment Errors a When any vehicle has been ordered towed through a mistake of fact, Contractor shall no cost. Contractor shall bill City at no mor If an error by City results in a vehicle bein that it should have been, Contractor shall re only those storage charges that would have City storage fees at no more than $2.50 p agent's responsibility. If the error in towing or storage is discover the vehicle and all fees have been paid t referred to the City Clerk, City of National 7.5 Referral Fee Contractor shall make quarterly Referral F and storage service to City. The minimum five thousand five hundred sixty five doll payable for a period of three (3) years su Opener Clause - Referral Fee. ity of the vehicle owner, operator or agent. If it is ary tow fees, Contractor shall charge City 50% of the cable. ct vehicle is in the actual possession of the National shall not release a vehicle from the National City have been paid to Contractor by the vehicle owner, released from the police department and Contractor e full fee. for the towing of marked or unmarked City police mechanical breakdown or collision within the sic Tow Fee for the towing of all other City vehicles reakdown or collision within the jurisdictional limits lice vehicles, which occur outside the jurisdictional between the Contract Administrators but shall not d Omissions y City and it is established that the tow was in error release the vehicle to its owner, operator or agent at than 50% of the basic tow fee. stored longer than it can reasonably be established ease the vehicle and bill the owner, operator or agent ccrued if no error had occurred. Contractor shall bill r day for every day beyond the owner, operator or d after the vehicle owner, operator or agent recovers Contractor, the owner, operator, or agent may be ity to file a Claim for Damages against City. e payments to City for the right to provide towing eferral Fee payment amount per Contractor shall be rs ($5,565.) per quarter. The Referral Fee shall be ject to adjustments as defined in Section 3.4 - Re- 26 7.6 Referral Fee - Due Date The Referral Fee payment shall be due and payable no later than the fifteenth (15th) day of the calendar month following the end of each quarter, pursuant to the following schedule: First Contract Year; Quarter End Dates I$` Quarter — June 30, 2006 2"d Quarter — September 30, 2006 3`d Quarter — December 31, 2006 4th Quarter — March 31, 2007 Second Contract Year; Quarter End Dates ls` Quarter - June 30, 2007 2"d Quarter September 30, 2007 3rd Quarter December 31, 2007 4th Quarter - March 31, 2008 Third Contract Year; Quarter End Dates P` Quarter - June 30, 2008 2nd Quarter - September 30, 2008 `d 3Quarter - December 31, 2008 4th Quarter - March 31, 2009 7.7 Referral Fee - Late Fee Any amount owed to the City more than fifteen (15) calendar days beyond the due date, shall be considered delinquent and will be in breach of contract. Failure to pay any amount owed to the City mar result in the Contractor being suspended from the contract until such amount is paid. Interest will be charged on unpaid amounts at the maximum rate permitted by law. Partial payments will not be accepted. 7.8 Referral Fee - Payments The Referral Fee is payable to "City of National City." Payments shall be directed as follows: Operations Assistant National City Police Department 1200 National City Blvd. National City, CA 91950 27 Upon receipt and no later than five days fr account for the Referral Fee payment consi payment to the City Finance Department f 3558. m receipt, the Operations Assistant shall record and tent with the terms of this agreement and forward the r deposit in Revenue Account Number 001-11000- 7.9 Ne li . ent Vehicle Im i ound Releas NVIR Fee The Negligent Vehicle Impound Release F currently fifty-five ($55) dollars. The method of generating those revenues neces The NVIR fee applies only to vehicles relea California Vehicle Code (CVC) and/or Attachment B for a list of applicable section 7.10 NVIR Fee Contractor shall collect the NVIR fee of fift of any vehicle impounded pursuant to t Contractor shall remit the collected fees to The collected NVIR fees shall be properly id 7.11 NVIR Fee - Payment Due Date NVIR fees collected by Contractor shall be day of each month and the twentieth (20th) d Payments due on the fifth (5th) day of eac released by Contractor between the sixteen month, (inclusive). e shall be an amount established by City. Said fee is IR fee is recognized as a necessary and effective ary to off set program costs, services and facilities. ed by Contractor for violating certain sections of the e National City Municipal Code (NCMC). See -five ($55.00) dollars per vehicle, upon the release e above listed California Vehicle Code sections. ity pursuant to the below listed payment schedule. ntified, and itemized. due and payable to City no later than the fifth (5th) y of each month. month shall include and account for all vehicles h (16th) day of the month, and the last day of the Payments due on the twentieth (20th) day of he month shall include and account for all vehicles released by Contractor between the first (1') 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 Nationa City." Payment shall be directed as follows: Operat ons Assistant National Ci Police Department 1200 National City Bl d. National City, CA 91950 Upon receipt and no later than five days fro account for the NVIR Fee payment, consiste payment to the City Finance Department for 3551. receipt, the Operations Assistant shall record and t with the terms of this agreement and forward the deposit in Revenue Account Number 001-04049- 28 7.13 NVIR Fee Payment - Late Fee Any amount owed to the City more than considered delinquent and will be in bre City may result in the Contractor being Interest will be charged on unpaid amo payments will not be accepted. ifteen (15) calendar days beyond the due date, shall be ch of contract. Failure to pay any amount owed to the uspended from the contract until such amount is paid. nts at the maximum rate permitted by law. Partial 7.14 Serious Traffic Offender Pro ra STOP Im ' ound Fee The Serious Traffic Offender Program F e shall be an amount established by City. Said fee is currently one hundred fifty ($150) dolla s. The STOP fee is recognized as a necessary and effective method of generating revenue, necessary to off set program costs, services and facilities. Vehicles impounded by City pu suant 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 dri er's license. Contractor shall collect STOP fees prior o the actual release of the vehicle. Contractor shall remit the collected STOP fees to City purs ant to the below listed payment schedule. The STOP fees shall be properly identified and itemiz-d. The STOP fee applies only to vehicles impounded pursuant to certain California Vehicle Co.e Sections. See Attachment C for a list of applicable sections. 7.15 STOP Imuound Fees - Due Date STOP grogram fees collected by Contractor shall be due and payable to City no later than the fifth (5 ) day of each month and the twentie h (20t) 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 sixtee th (16th) day of the month, and the last day of the month, (inclusive). Payments due on the twentieth (20th) day o the month shall include and account for all vehicles released by Contractor between the first (1st, day of the month and the fifteenth (15th) day of the month, (inclusive). 7.16 STOP Fee -Payment The STOP program fee is payable to "Cit of National City." Payment shall be directed as follows: Opera ions Assistant National Ci Police Department 1200 National City BI d. National City, CA 91950 Upon receipt and no later than five days fro receipt, the Operations Assistant shall record and account for the STOP fees consistent with t e 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: 29 Amount $125.00 $ 25.00 7.17 STOP - Late Fee Any amount owed to the City more than considered delinquent and will be in brea City may result in the Contractor being s Interest will be charged on unpaid amo payments will not be accepted. Revenue Account Number 191-11000-3550 001-11000-3550 ifteen (15) calendar days beyond the due date, shall be h of contract. Failure to pay any amount owed to the spended from the contract until such amount is paid. nts at the maximum rate permitted by law. Partial 7.18 STOP; 30-Day Vehicle Impound Pursuant to the Serious Traffic Offender impound for thirty (30) days. Said vehicl the attached Fee Schedule. In addition Contractor shall pay CITY, fifteen (15% held for 30 days and subsequently release recovered as a result of this section shall with the operation of the STOP program. vehicles not held for the 30-day period. with section 6.17 of this Agreement. Fees Program certain vehicles are impounded and held in s accrue Contractor's daily storage fees according to to any other administrative fees herein identified, percent of the total storage fee, when the vehicle is to the vehicle owner, operator or agent. Any revenue be used to defray and off set police costs associated his fifteen (15%) percent fee shall not apply to STOP his fee shall apply to the lien sale process, consistent 7.19 30-Day Impound Fees - Due Dat . and Payment Revenue received as a result of section 7.1 shall be distinguished from any other administrative fee or revenue and shall be due and pay ble consistent with sections 7.15 through 7.17. Any proceeds received from the STOP 30-Da, Vehicle Impound shall be deposited into Revenue Account Number 191-110003550. 8.0 VEHICLE RELEASE 8.1 General Rule - Vehicle Release As a general rule, Contractor shall be resionsible for the release of all vehicles in Contractor's possession as a result of police initiated or eferral tows. 8.2 Exceptions to General Rule Vehicles impounded pursuant to the folio ing California Vehicle Code Sections shall not be released by Contractor. Contractor shall re er the vehicle owner, operator or agent to the police department to obtain a release: 1. 14602.6 - S.T.O.P. Program 30 2. 22651 (i) - Five or more Parking Citations 3. 22655 - Hit & Run Investigation 4. 22655.5 - Evidentiary Reasons 8.3 Hit & Run Investigation - Mandatory Release 22655(b) CVC Any vehicle impounded for hit & run investigation (20002 thru 20006 CVC), pursuant to the authority of California Vehicle Code § 22655, shall be released within 48 hours after removal from highway or private property. When determining the 48-hour period, weekends, and holidays shall not be included. Any vehicle not released by City within the maximum 48-hour period, shall be released by Contractor upon demand of the vehicle owner, operator or agent upon the expiration of the 48-hour period, regardless of City hold status. 8.4 Questions, Problems, or Controversy Associated with Vehicle Release In the event Contractor experiences problems, questions or controversy associated with a customer demanding the release of a police initiated or referral tow, Contractor shall notify the police department. Additionally, if Contractor discovers a questionable DMV document, an officer shall be dispatched to resolve the problem. 8.5 Expert Training - DMV Documen 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 requ rements: 9.1 Minimum Tow Truck Requiremen :s During the term of this Agreement, Contractor shall have available no less than three tow rigs of at least one -ton capacity Each tow rig shall have dual rear wheels. Each vehicle used for towing police impounds shall have a manufacturer's gross vehicle weight rating (GVWR) of not less than 14,500 pounds. 31 In addition, Contractor shall have avail Tow Vehicle," capable of entering and parking garage of the National City Poli use vehicle and does not require dual whe le one tow rig, commonly known as a "Sub -Garage removing impounded vehicles from the underground Department. The sub -garage tow vehicle is a limited Is or a GVWR of 14,500 pounds. 9.2 Minimum Tow Truck E . ui i me t Re ' uirements Each tow truck responding to requests fo equipped with radio communications communications between the tow truck o Band radios shall not be used to meet this Each tow truck shall have a maximum power takeoff from transmission, in b adequate braking system. Winches must recovery tasks. Roll back car carriers m cable (wire rope) must be maintained i wedge locks or braided ends, with metal terms of this agreement. Consistent with t wire rope is not in good condition whe kinked, badly worn, when there are 12 or visible evidence of loss of strength. Contractor shall maintain dollies for us services to City. Each tow truck, with the of dollies. Each tow truck shall be equipped with n chains shall be used for each vehicle bein the rating specified by the original equip securely affixed to the bed frame or wrec wheel lift, or under lift towing equipme equipment independent of the safety ch connections and attachments shall have a safety connection or attachment cannot transported on slide back carriers shall be of the winch or loading cable. In addition to the requirements set forth Contractor to equip each tow truck with drivers, pliers, ratchet and sockets, cresce cutters, six foot crowbar, rope, broom, sho dioxide type), utility flood lamps, porta equipment for opening locked vehicles, s material. police initiated towing and impound services shall be equipment capable of effecting two-way radio erator and Contractor's dispatching operation. Citizen equirement. ,000 pound capacity winch that is power driven by h directions, and equipped with safety dogs or an be fitted with a minimum of 100 feet of cable for st be fitted with a minimum of 50 feet of cable. All good condition. Only wire rope with swaged ends, eeves in the loops shall be approved for use under the e California Code of Regulations, Title 13, § 1305(b), it is stranded, knotted, crushed, excessively rusted, ore wires broken in lay length, or where there is other by in-service tow trucks providing police towing xception of slide back carriers, shall carry its own set less than two safety chains. No less than two safety towed. Each safety chain shall be rated at no less than ent manufacturer (OEM). The safety chains shall be er boom, independent of the towing sling, bar, hitch, t. The towed vehicle shall be secured to the towing ins by either two chains or two straps. All safety ositive means, of sufficient strength, to ensure that the ecome disengaged while in transit. Vehicles being ecured by four tie down chains or straps, independent in California Vehicle Code § 27700, City requires red flares, lanterns or reflectors, hand tools (screw t wrenches, metric and standard lug wrenches), bolt el, dustpan, fire extinguisher (dry chemical or carbon le red taillights and stoplights for towed vehicles, fety snubber chains, and a trash can with absorbent 32 1. Be completely enclosed by an 8-foo fence and gates must be of sufficien unauthorized persons or vehicles. 2. Alarms and intrusion sensors that p or similar devices or security measu 3. Sufficient lighting to detect unautho 4. The storage yard shall be serve accumulation of standing water. Th of standing water, debris, or other vehicle contents, or to persons v vehicle storage area, including all manner so as to prevent the listed asphalt, asphaltic concrete, or deco The Contractor shall provide service to the week so that an owner may pay towing an is stored and obtain its release. high fence with a lockable gate. Construction of the construction to prevent entry into the storage area of ovide immediate notification capabilities at all times es. zed entrance at night. by drainage facilities adequate to prevent the vehicle storage area must remain free of mud, pools lements that would be harmful to the stored vehicle, ewing, inspecting or recovering the vehicles. The driveways and access roads, shall be surfaced in a onditions. An acceptable surface includes concrete, posed granite with oil. public twenty-four (24) hours a day, seven (7) days a storage fees at the Storage Yard where their vehicle The Contractor is responsible for the re s sonable care, custody, security, and control of any property contained in towed or stored vehicles. All items removed from a vehicle or left stored within the vehicle shall be released to the •wner or agent of the impounded vehicle upon demand during normal business hours unless the v. icle is under Police Evidence Hold. 9.8 Minimum Li htin Re ' uirement There must be adequate lighting, and applicable building codes, fire codes requirements per ten thousand (10,000) regulations dictate increased or diminishe 1. Four (4) 300-Watt incandescent m 2. Three (3) 300-Watt quartz halogen 3. Two (2) 100-Watt high-pressure s - Stora a Lot 11 yard and office construction must comply with and zoning regulations. The minimum lighting quare feet are in effect unless zoning or other local lighting requirements: dium-wide flood lights, or lights, or dium lights. 34 9.9 Vehicle Examination Area Contractor will set aside an area of sufficient size to place a standard sized passenger sedan and have a minimum of forty-eight (48") inches from each side, the front, and rear of the vehicle for the purpose of inspecting the vehicle. This examination area must be flat, level, and paved with concrete, asphalt or asphaltic -concrete, or other suitable all weather surfaces. 9.10 Secure Area - Evidentiary Vehicles Vehicles impounded by City for investigative purposes shall be held in a maximally secured, non-public area of Contractor's property until released by City. Contractor shall insure, by the use of various security devices and measures, including but not limited to walls, fences, containers, buildings or the like, that no unauthorized person, whether intentionally or accidentally can come into physical contact with evidentiary vehicles. Located within the storage yard, Contractor shall set aside a secure area, sufficient in size to hold four (4) vehicles, with sufficient room to walk around, open doors, and examine each separate vehicle. 10.0 INSURANCE REQUIREMENTS 10.1 Minimum Insurance Requirements All required insurance shall be submitted to the City of National City within ten (10) days of provisional award. Failure to provide the insurance certificates within the time frame specified shall be cause for the bid to be rejected as non -responsive. The Contractor shall maintain insurance in full force and effect during the entire period of performance under contract. Failure to do so shall be cause for termination of the contract. All policies must have a thirty (30) day non -cancellation clause giving the City thirty (30) days prior written notice in the event a policy is canceled. At the end of each contract year, the City reserves the right to review insurance requirements and to require more or less coverage depending upon assessment of the risk, the Contractor's past experience, and the availability and affordability of increased liability insurance coverage. Insurance coverage must be from an insurance carrier licensed in the State of California and rated "A-, VI" or better by the A.M. Best Key Rating Guide. All policies must be endorsed to provide that the insurance afforded by Contractor is primary to any insurance or self-insurance maintained by City and its elected officials, officers, employees, agents, and representatives as respects operations of the Named Insured. Any insurance or self insurance maintained by City and its elected officials, officers, employees, agents, and representatives shall be in excess of Contractor's insurance and shall not contribute to it. The Contractor, at its sole cost and expense, shall purchase and maintain throughout the term of this agreement, the following insurance policies: 1. Commercial General Liability for a minimum of two million dollars combined single limit per occurrence ($2,000,000.00). The City of National City must be named as an additional insured on the certificate 35 2. Automobile Liability for a per occurrence ($2,000,00 additional insured on the c 3. Garage Keepers minimum 4. On Hook/Cargo in amo ($100,000.00). 5. Workers' Compensation c California. Policy must c City of National City. 10.2 Primary Insurance The aforementioned policies shall cons employees, and volunteers, so that any of loss under said insurance. Said policies st the City of cancellation or material cha policy, shall name the City and its officers 10.3 Claims Made vs. Occurrence Fo inimum of two million dollars combined single limit .00). The City of National City must be named as an rtificate. f one million dollars per occurrence ($1,000,000.00). nts not less than one hundred thousand dollars verage in accordance with the laws of the State of ntain a Waiver of Subrogation of Rights against the itute primary insurance as to the City, its officers, er policies held by the City shall not contribute to any all provide for thirty (30) days prior written notice to ge. Said policies, except the workers' compensation agents and employees as additional insured's. m If required insurance coverage is provide the Contractor shall maintain such insuran (and any extensions) of this Agreement. Contractor's commencement of work u purchased as renewals or replacements). 10.4 Aggregate Insurance Limits Any aggregate insurance limits must appl 10.5 Insurance Company Insurance shall be written with only Cali holder's alphabetic and financial size cat current Best's Key Rating Guide, or a corn City's Risk Manager. Any deductibles mo and approved by City. 10.6 Insurance Certification Re ' uire on a "claims made" rather than "Occurrence" form, e coverage for three years after expiration of the term he policy retroactive date coincides with or precedes der this Agreement (including subsequent policies solely to this Agreement. rnia admitted companies which hold a current policy gory rating of not less than A; VIII according to the any of equal financial stability that is approved by the e than ten thousand dollars ($10,000) shall be declared ent This Agreement shall not take effect u insurance provisions have been compli Purchasing Agent at 2100 Hoover Aven does not keep all of such insurance polici of this agreement, the City may elect to t breach of this Agreement and may termin til certificate(s) or other sufficient proof that these d with, are filed with and approved by the City e National City, California 91950. If the Contractor s in full force and effect at all times during the terms eat the failure to maintain the requisite insurance as a e this Agreement as provided herein. 36 10.7 Insurance Requirement - Renew Opt ion If this Agreement is extended beyond its original term pursuant to section 3.3, the insurance provisions may be updated at the option of City. 10.8 Limitations of Liabilities and Obligations The foregoing requirements as to the types and limits the f insurance e not intendedto be to and ained by the Contractor, and any approval of said insur ancby d shall not in any manner limit or qualify the liabilities and obligations otherwise assumd by theconcerning r pursuant to the Agreement, including, but not limited to, the provisions indemnification, section 2.10. 10.9 Sub Contractor Insurance Requirement Contractor shall make certain that all subcontractors hired by Contractor are liny su tithe in accordance with this Agreement. o or shall indemnify and hold City coverage does harmlesst of and from any foregoing provisions, Con damage, loss, cost, or expense, including attorneys' fees. 11.0 CONSTRUCTION of AGREEMENT each The parties acknowledge and agree that (1) each party is of equal bargaining strength; (2) party has actively participated in the drafting, preparation and negotiation of this Agreement; (3) each such party has consulted with or has had the opportunity toco cult with ed its ownf ate, a independent counsel and such other profess anal advisors as such partyhas each party and such relative to any and all matters contemplated under this Agreement; to enter party's counsel and advisors have reviewer this Agreement; (5) each party has agreed into this Agreement following such review and the rendering of such advice; and (6) any shallrule e drafting party not construction to the effect that ambiguities are to be resolved hereof, or any attachments, any apply in the interpretation of this Agreement, or any portions amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OFIONAL CITY By: Nick Inzunza, Mayor �s.1 /c�cL,• �a ✓ — - By: APPROVED AS TO FORM: George H. Eiser, III City Attorney, City of National City 37 (Title) ATTACHMENT A TOWING FEE SCHEDULE SERVICE FEE • BASIC TOWING Includes First Hour Hookup, Labor, Standby Time, for vehicles Under 9,500 GVW (unloaded). $135.00 • MEDIUM SIZE - BASIC TOWING INCLUDES FIRST HOUR HOOKUP, LABOR, STANDBY TIME, FOR VEHICLES OVER 9,500 GVW BUT LESS THAN 22,000 $150.00 • LARGE SIZE - BASIC TOWING INCLUDES FIRST HOUR HOOKUP, LABOR, STANDBY TIME, FOR VEHICLES OVER 22,000 GVW (UNLOADED). $200.00 • ON -SCENE OR STAND-BY LABOR = EACH 15- MINUTE INCREMENT, BEYOND FIRST HOUR. IS CHARGED ONLY WHEN EXTRA ORDINARY LABOR MUST BE EXPENDED TO RECOVER A VEHICLE. STAND-BY IS CHARGED WHEN THE JOB CANNOT BE STARTED AND MUST BE EXPLAINED ON THE TOW BILL. $35.00 • DOLLIES WILL ONLY BE USED WHEN THERE IS NOT A LESS EXPENSIVE, SAFE MANNER OF HANDLING THE SITUATION. $50.00 • DRY RUN MAY ALSO BE KNOWN AS A "HOOK-UP — DROP FEE" AND IS CHARGED WHEN THE VEHICLE IS HOOKED UP AND THE OWNER RETURNS BEFORE THE VEHICLE IS IN TRANSIT. $60.00 • PER MILE TOWING APPLIES ONLY TO VEHICLES RECOVERED OUTSIDE THE JURISDICTION OF THE CITY OF NATIONAL CITY. $5.00 • MAXIMUM STORAGE - PER DAY Per day is defined as a 24- hour period. $35.00 • STORAGE PER HOUR Up to maximum of $35.00 per day. $5.00 • AFTER HOURS VEHICLE RELEASE After 6PM and before 8AM including weekends and all holidays. $50.00 38 Vehicle valued at less $70.00 • NOTIFICATION OF LIEN SALE than $4.000, (22851.12 CVC). • NOTIFICATION OF LIEN SALE Vehicle (22851.12 CVC). valued at over $4,000. $100.00 • POLICE EQUIPMENT TOWING Inside National City. jurisdictional limits of No Charge • CITY EQUIPMENT TOWING Includes Also includes police vehicles towed from limits of National City. all City vehicles. outside jurisdictional $50.00 CITY ADMINISTRATIVE FEE'S • NEGLIGENT VEHICLE IMPOUND RELEASE FEE $55.00 PROGRAM FEE $150.00 • SERIOUS TRAFFIC OFFENDER 39 Pursuant to Section 7.9 of this Agreemen apply to vehicles impounded pursuant t and/or National City Municipal Code s included on the impounding documents. 22500 Et seq. 22500.1 22651 (a) 22651 (b) 22651 (d) 22651 (e) 22651 (h) 22651 (i) 22651 (j) 22651 (k) 22651 (1) 22651 (m) 22651 (n) 22651 (o) (1) Califor Prohibited Stoppi Prohibited Stoppi Unattended on Bri Hazard to flow of Blocking a drivew Blocking fire hydr Operator taken int Unpaid parking ci Illegally parked a Parking over 72 h Temporary tow a Highway authoriz No parking tow a Expired registrati 22651 (p) Unlicensed or suspe 14601, 14601.1, 14 Illegally parked, Illegally parked i Removal from pri when operator is t 22655 (a) Hit & Run suspec 22651 (r) 22652 22653 (c) ATTACHMENT B , the Negligent Vehicle Impound Release Fee shall the following California Vehicle Code sections ctions. One or more the listed sections must be is Vehicle Code , Standing, or Parking , Standing, or Parking: Fire Lane ge raffle y nt access custody - not practical to park or lock ations d no evidence of registration displayed urs ay signs for street repair tion for other use, with 24-hour notice ay signs posted n in excess of six months ded/ revoked license in violation of 12500, 01.2, 14601.3, 14601.4, 14601.5, or 14604. locking a legally parked vehicle designated handicapped parking space ate property, at request of property owner, ken into custody vehicle 40 22656 Illegally parked or . bandoned within 7 '/2 feet of nearest railroad rail 22669 Et seq. Removal of Aband•ned Vehicles as determined pursuant to section 22523 CVC National C t Munici , al Code 11.32.060 Illegally parked - 72 our violation - vehicle removal 11.32.070 Illegally parked - Res ricted hours - vehicle removal 11.32.160 Illegally parked - Em • rgency parking - vehicle removal 11.32.250 (e) Illegally parked - Ta i Stand - vehicle removal 41 Pursuant to Section 7.14 of this Agreemen apply to vehicles impounded pursuant to t or more of the following sections must be Califo ATTACHMENT C , the Serious Traffic Offender Program Fee shall e following California Vehicle Code Sections. One ncluded on the impounding documents. is Vehicle Code 22651(p) Includes Sections 1 22651(h)(2) Upon service of noti Revocation, pursuan 14602.6 Unlicensed, Suspen Sub -section (b) - Ce notify legal owner r 14602.7 Fleeing a Peace Offi Officer, to seize veh legal owner (2 days vehicle storage. 14607.6 Impoundment and F 500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5 or 14604. e of an order of Suspension or to 13388 CVC. ed or Revoked and involved in traffic collision. ified Mail, 2-day notice to legal owner. Failure to sults in maximum fee for 15 days vehicle storage. er - Court Order upon affidavit of Peace cle, not to exceed 30 days. Failure to notify otice) results in maximum fee for 15 days rfeiture of Motor Vehicle. 42 From: Robyn Ballinger At: RA Storelee Insurance Agency, Inc. FaxID: 707-7453709 To: Brenda Hodges Date: 2/22/2006 02:01 PM Page: 1 of 2 RA Storelee Insurance Agency, Inc_ PO Box 219 Benicia, CA 94 0 FAX From: Robyn Ballinger Phone: (707) 745-3321 Fax: {707) 745-37fl9 Lic. # 0618185 To: Brenda Hodges Pages: 2 Fax: (619) 336-4597 Date: 2/22/2006 Phone: ( ) - Subject: Certificate Messge: Brenda, Following is the certificate for JC Towing, Inc. The insured has a $1,000,000 Limit for General Liability and-$1,0B0,1300-Lim for the Auto Liability and -then $1,000,000 Excess/Umbrella Policy. The Excess Umbrella policy provides $1,000,000 over and above the At to or General Lia7aility, Thus giving you a $2 OOt),00-0 Combined Single limit for Auto and a $2,000,000 Combined Single Limit for General Liablilty. Please call me if you have any questions!! Thank you! Robyn Ballinger From: Robyn Ballinger At: RA Storelee Insurance Agency, Inc. FaxID: 707-745-]3709 To: Brenda Hodges Date: 2/222006 02:01 PM Page: 2 of 2 ACORD CERTIFICATE OF LIABILITY csR vM INSURANCE JCTOW-1 DATE (MM DDM YY) 02/22/06 PRODUCER ILA. Storelee Insurance Agency Rob Storelee 321 First Street Suite 201 Benicia CA 94510 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # Phone:707-745-3321 Tax:707-745-3709 INSURED J.C. Towing, Inc. Auto Donation Auction Center INSURER A'. Lincoln General Ins. Co. INSURER B: TOPA Insurance Company NsuReRc INSURER D: 2501 Falvte Sheet Chula Vista CA 91911 INSURER E YVYG�rtV.v THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ALL THE TERMS, EXCLUSIONS AND CONDI LIONS OF SUCH NR-AS POLICY EFFECTIVE LIMITS LTR NS rreur'UHANCE -POLICY-NUMBER DATETAiTY)—DATEIIIDDNY) GENERAL LIABILITY EACH OCCURRENCE $ 1 , 000 , 000 A X X COMMERCIALGEt,tRALLIABIim; LTP10i320 02 05/28/05 05/28/06 AMALt IU HtNItU PUI.rWSESTEaoccurence1 S 100,-000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 5,000 -PERSONAL & ADV INJURY -5 1 ,F000 -,-900 GENERAL AGGREGATE 52,000,000 GEMI. AGGREGATE LIMIT APPLIES PER: - ' PRODUCTS - COMP/OP AGG $ 2 , 0-0-0 , 000 POLICY [-.._1 JECt LOC A X -AU IIII/IIIAE LIABILITY ANY AUTO LTP101320-02 05/28/05 05/28/06 COMBINED SINGLE LIMIT (EaacNdPrR) $ 1,000,Ooo - X ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) X X HIRED AUTOS NON-orMED AiRos BODILY INJURY (Per accident) _UNINSURED PROPERTY DAMAGE MOTORIST: $60 , 000 (Per accident) AUTO ONLY EAACCInENT $ GARAGEIIABILRY ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ - EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 1 , 000 , 000 13 X OCCUR CLAIMS MADE la,2052.8 -0$128/0$ -05/28/06 AGGREGATE $1,000,00D . $ DEDUCTIBLE $ ' RETENTION $ WORKERS COMPENSATION AND TORY LIMITS ER @MPLOYERS' LIABILITY E L. EACH ACCIDENT 5 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? _ E L. DISEASE - EA EMPLOYEE $ - If yes, describe under SPECIAL PROVISIONS below EL. DISEASE - POLICY LIMIT $ A A OTHER GAPAQHEEEPERS L.L. ON HOOK/CARGO LTP101320-02 LTP101320-02 05/28/05 05/28/05 05/2S/05 05/28/06 50/250000 500/2500Ded 50/250000 $1,000 Ded/ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT City of National City/National City Police Department Additional Insureds as their Interest may Appear: f SPECIAL PROVISIONS are Named as TOWING OPERATIONS. CERTIFICATE HOLDER CANCELLATION NATLCI4 City of National City/ National city Police Dept. 2100 Hoover Avenue National City CA 91950 ACORN 2512001108) SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MALL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTH ESE ATIVE a :42'Fire4 RATION 1988 , 02632/2b06 09:28 FAX 6196991344 DRIVER ALLIANT INS SVCS Itti001 DRIVER ALLIANT INSURANCE SERVICES, INC. driver.alliant INSURANCE SERVICES 1620 FIFTH AV ka`1UE, SATE la :uu,TA 92101 LICENSE NO.0E36861 PII. 619.699.0525 FAX 619.699.214E E-MAIL: rlcody@driveraTh nt.corn DATE: February 22, 2006 TO: Brenda Hodges FROM: Natalie Cody -Parker RE: JC Towing, Inc. PAGES: 2 y �,,fi�rr I iAtEr "ITV? -16111C : 336.4597 FAX: 619.699.2148 The (certificate of insurance you requested is attached Advise if you. need anything further. Sincerely, Natalie Cody -Parker 024F2t2068 09:28 FAX 8196991144 BRIV ALLIANT INS SVCS W002 STATE P.O. BOX 420807, SAN FR COMPENSATION FUND S MIN.0.44Sf U f N D CERTIFICATE OF WORKERS C ISSUE DATE: 02-22-2006 WV OF NATIONAL CITY PURCHASING DEPT. 2100 HOOVER AVE NATIONAL CITY -CA 91950-8530 SO This is to eanify that we have issued a valid Workers —Go California Insurance Commissioner to the employer named bet expire as indicated above. This certificate of insurance is not an Insurance policy end do by the policy listed herein.-NetWithatanding any -requirement- to with respect to..wiach this certificate of insurance may be Iss afforded by the policy described herein is subject to ell the I THORIUM REPRESENTATN4 -� EMPLOyER`-S LIABILITY -UNIT INCLUDING -OEPEN68 ENDORSEMENT 01600 - G. JOFN CLARK, III TREAS - ENDORREMENT #1601 - JOHN CLARK III MDR -MEMBER ENDORSEMENT #2065 ENTITLED -CERTIFICATE HOLDERS ATTACHED TO AND FORMS APART Of THIS POLICY. EMPLOYER JC TOWING, INC AND/OR AUTO DONATION AUCTION CENTER. 4.trt 2501 PAIVRE ST CHULA VISTA CA-9-t91-1 IAEv.1-il CERTHOLOER COPY CISCO,CA 94 i 42-0807 MFENSATION INSURANCE -GROUP: 000937 POLICY NUMBER. 0000019-2005 CERTIFICATE IP: 45 CERTIFICATE EXPIRES; 04-01-2006 04-01-2005/04-01-2006 cation insurance policy in- form approved by the for the policy period that will expire or did s not amend, extend or alter the coverage afforded m -or _condition of-any-coatract _t3r_nther _document d or to which it may pertain, the insurance ms, exclusions, and conditions, of such policy. PRESIDENT St 41,000,000 EXCLUDED. EXCLUDED. NOTICE EFFECTIVE 04-01-200S IS PER ptrdattocunr je15,S0] VISartICl/ : -02-- 2-2009 SD RESOLU ION NO. 2006 — 57 RESOLUTION OF THE CIT ACCEPTING TW POLICE DEPARTMENT TOWING OVERRULING ALL PROTES TO EXECUTE AGREEM AND JC TOWING, IN WHEREAS, the City's curre Agreements with Tom Moynahan and Roa for Proposal #GS0506-5 was issued to 15 v WHEREAS, 8 proposals wer 3, 2006 due date; and WHEREAS, extensive admini for all companies that submitted proposals, they met or exceeded the RFP requirement WHEREAS, the Police Dep that agreements for a term of three years be as the companies best qualified to provide th WHEREAS, the City Council �r jularly and properly performed, and the Ci id to the recommended agreements. F THE CITY COUNCIL OF NATIONAL CITY PROPOSALS FOR THE AND IMPOUND SERVICES AGREEMENT, S, AND AUTHORIZING THE MAYOR NTS WITH MOYNAHAN TOWING . FOR A THREE-YEAR TERM t Police Department Towing and Impound Services One Towing will expire March 31, 2006. Request ndors in order to establish new agreements; and received in response to the RFP by the February trative review and site evaluations were conducted and companies were ranked according to how well ; and rtment and Purchasing Department recommended entered into with Moynahan Towing and JC Towing, required level of service; and finds and determines that the RFP process was y Council overrules all protests to the RFP process NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayo to execute Agreements for Police Department i owing and Impound Services with Tom M. nahan and with JC Towing, Inc., respectfully, for a term beginning April 1, 2006, and ending March 31, 2009. Said agreements are on file in the office of the City Clerk. PASSED and ADOPTED this ' 1st day of March, 2006. ick lnzunza, Mayor ATTEST: Michael R. P : Ila, ' ity erk APPROVED AS TO FORM: re) CZY,2 George H. 'ter, III City Attorney Passed and adopted by the Council oft e City of National City, California, on March 21, 2006, by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Zarate. Nays: Inzunza. Absent: None. Abstain: None. AUTHENTICATED :Y: NICK INZUNZA Mayor of the City of National City, California City erk of the City of/'lational City, California By: Deputy I HEREBY CERTIFY that the above a d foregoing is a full, true and correct copy of RESOLUTION NO. 2006-57 of the City •f National City, California, passed and adopted by the Council of said City on March 21, 2006. City Clerk of the City of National City, California By: Deputy City of Nation I City Office of the C ty Clerk 1243 National City Bo Michael R. Dalla, CMC (619) 336-4228 Fax: (6 May 8, 2006 G. John Clark III JC Towing, INC. 2501 Faivre Street Chula Vista, CA 91911 Project: National City Towing a No. 2006-57. Dear Mr. Clark: On March 31, 2006, the City Coun adopted Resolution No. 2006 - 57, a We are pleased to enclose a fully ex Resolution for your records. Should you have any questions, pl Police at (619) 336-4380. Sincerely, 441" Michael R. Dalla City Clerk MRD Enclosure cc: Police levard, National City, CA 91950-4397 - City Clerk 9) 336-4229 d Impound Services Contract, Resolution it of the City of National City passed and arding a contract to JC Towing, Inc. cuted contract and one certified copy of the ase contact Mr. Adolfo Gonzales, Chief of File C2006-14 806-1-1 ® Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT March 21, 2006 23 MEETING DATE AGENDA ITEM NO. /ITEM TITLE Resolution accepting proposals for Police Department Towing Contract, and awarding contracts to two providers: Moynahan Towing and JC Towing. Contract term: April 1, 2006 - March 31, 2009. p PREPARED BY Brenda E. Hodges, C.P.011tr'ARTMENT Purchasing Dept. x4570 EXT. EXPLANATION Sergeant Randy Bishop finPolice Dept. x4446 See attached Environmental Review X N/A MIS Approval Financial Statement n/a Approved By: n/a Finance Director Account No. STAFF RECOMMENDATION In concurrence with the Police Department, the Purchasing Agent recommends that contracts be awarded to Moynahan Towing and JC Towing. BOARD / COMMISSION RECOMMENDATION not applicable ATTACHMENTS ( Listed Below ) 1) Explanation 4) Cost Proposals 2) Admin. Evaluation: Purchasing (Pg Al) 5) Bidder List/Ran 3) Site Evaluations: Police -Dept. (Pg B1-16) 6) Contracts (on fi 7) Protest Letters: (Pg C1) ing (Pg D1) in Clerk's office) oadOne (Pg E1-11) Resolution No. aOb (9 - I 8) Protest Letter: Rancho Del Oro (Pg F1-6) 9) Protest Letter: American Towing (Pg G1-12) 10) Protest Response (Pg H1-11) 11) Resolution A-200 (Rev. 7/03) ‹go6 -l- I EXPLANATION The City's current Towing Contract with Moynahan and Road One Towing, will expire 3/31/06. Request for Proposal #GS0506-5 was issued 11/8/05 to establish a new contract. RFP's were mailed to 15 vendors, netting 8 actual proposals. Extensive Administrative Review and Site Evaluations were conducted for all vendors, and companies were ranked according to how II they met or exceeded the RFP requirements. As per previous contracts, the Police Depa ment recommends awarding contracts to two separate companies. It has been determin d that Moynahan Towing and JC Towing are best suited to provide the required level of servic . Moynahan has provided towing services for the City for many years. JC Towing more than meet the RFP requirements, and currently provides service for CHP, Chula Vista and San Dieg Police Departments. Road One Towing was ranked third, and has been notified that their contra t will expire. Proposed rates were initially different betwe negotiations were conducted to equalize th be established for both. n the two recommended companies. Therefore, it proposals, so that standard, consistent rates could Protests were received from three compani s which are not being recommended for an award of contract: Road One, Rancho Del Oro, and merican Towing. The issues raised by these protests are addressed in the attachments t this agenda. It is recommended that contracts for the period of 4/1/06 - 3/31/09, be awarded to Moynahan Towing and JC Towing companies. RESOLUT ON NO. 2006 — RESOLUTION 0 OF THE CITY ACCEPTING TWO POLICE DEPARTMENT TOWING OVERRULING ALL PROTEST' TO EXECUTE AGREEME AND JC TOWING, INC. THE CITY COUNCIL F NATIONAL CITY PROPOSALS FOR THE D IMPOUND SERVICES AGREEMENT, , AND AUTHORIZING THE MAYOR TS WITH MOYNAHAN TOWING FOR A THREE-YEAR TERM WHEREAS, the City's current Police Department Towing and Impound Services Agreements with Tom Moynahan and Road One Towing will expire March 31, 2006. Request for Proposal #GS0506-5 was issued to 15 ve dors in order to establish new agreements; and WHEREAS, 8 proposals wer- 3, 2006 due date; and WHEREAS, extensive admini for all companies that submitted proposals, they met or exceeded the RFP requirements WHEREAS, the Police Dep• that agreements for a term of three years be as the companies best qualified to provide the received in response to the RFP by the February trative review and site evaluations were conducted nd companies were ranked according to how well and rtment and Purchasing Department recommended entered into with Moynahan Towing and JC Towing, required level of service; and WHEREAS, the City Council finds and determines that the RFP process was regularly and properly performed, and the Ci y Council overrules all protests to the RFP process and to the recommended agreements. NOW, THEREFORE, BE IT National City hereby authorizes the May Towing and Impound Services with Tom M term beginning April 1, 2006, and ending Mar of the City Clerk. PASSED and ADOPTED this 21st day of March, 2006. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 0 RESOLVED that the City Council of the City of r to execute Agreements for Police Department ynahan and with JC Towing, Inc., respectfully, for a h 31, 2009. Said agreements are on file in the office Nick Inzunza, Mayor Hours Location (10 miles) (pg 14) (pg 14) Equipment (pg15) pg 14) Dispatch (pg 19) PURCHASING TO ING CONTRACT AD INISTRATIVE E ALUATIONS 2/14/06 Received: Moynahan JC RoadOne Addendum #1? Y Y Y Addendum #2? Y Y Y Addendum #3? Y Y Y Addendum #4? Y Y Y RFP Cover Sheet Business License? Western RdelOro American Cortes Bradley Y Y Format (failure may = rejection) PQ 4#G Separated into Tech & Price Proposal One original and 3 copies of each Site Eval: See separa e document from PD NO NO .Tech Eval (go 7) ach section submitted Do they meet technical specs Experience, past performance References included (pg 6) Subcontractors included (pg 6) CHP form included (pg 6) Price Eval: (pc' 8) Pricing submitted Conclusion: DISQ** Note JC Towing. Ok Ok NO NO NO NO DISQ** Note * This vendor isqualified for not meeting minimum administrative requirements Located on same property as, and owned and operated by same owner as: _ A�. DATE: TO: FROM: SUBJECT: NATIONAL CITY ME February 13, 2006 Dr. Adolfo Gonzales, Chi f of Police (via chain of command) IV Sergeant R. Bishop, Traf c Division Tow Contract Inspectio i s/Recommendations OLICE DEPARTMENT ORANDUM On Friday, February 3, 2006, the Reques closed. Eight (8) tow concerns submitte list of prospective tow contractors and th American Towing, 140 Reed Court, Ch Bradley Towing, 2501 Faivre Street, Ch Cortes Towing, 996 Otay Valley Road, S JC Towing, 2501 Faivre Street, Chula Vi Moynahan's Towing, 3200 National City Rancho Del Oro Towing, 9063 Airway Road One Towing, 3333 National Ave., Western Towing, 1187 Walnut Ave., Ch On February 8 and 9, 2006, Sergeant R. and inspected the storage lots for all of th attached inspection checklists for details of the site visits: American Towing: This operator is a re have no experience with municipal law e contract to serve the Chula Vista Police have no procedures in place to reconcile The tow concern does not adequately me matters: no "sub -garage" tow vehicle ca secured parking facility (extremely impo lot where evidence vehicles could be held done fairly easily and quickly). The following are areas of concern with t service for after-hours calls. The answeri driver of the call. In the event a driver is to locate an officer, the use of the answeri call the business to notify them of my pen for Proposal (RFP) for tow contract bids was proposals for the contract. The following is a locations of their vehicle storage lots: a Vista la Vista Diego to Blvd., National City oad, San Diego & 1167 W. Palm Ave., El Cajon an Diego la Vista ishop and A.V.A. Officer A. Vergara visited above -listed tow concerns. Refer to the f the inspections. The following is a summary atively small family operated business. They forcement contracts (they have been awarded a epartment beginning in March 2006). They illing for 30-day holds. t the requirements of the RFP in the following ble of accessing the Police Department's ant) and there is no secured area of the storage (while potentially expensive, this could be is bidder: The company uses an answering g service operator then notifies the on -duty iven a bad address or needs further assistance g service could be problematic. I attempted to ing site visit. However, I telephoned early in the day and the answering service was unable to put me in contact with any company personnel. The business has limited office staff availability after hours. In most instances, office staff would have to be summoned from home to respond to the business for an after-hours release. In addition, the business' current office hours are substantially less than those set forth in the RFP and those of other tow concerns. Based on the site inspection, I feel that American Towing is not equipped, at this time, to meet the needs of the National City Police Department. Bradley Towing: The storage lot for Bradley Towing is located at 2501 Faivre Street in Chula Vista. This is the physical address for JC Towing, a separate bidder for this contract. The site inspection revealed that Bradley and JC Towing are owned and operated by the same individual, share a dispatch center, storage lots, office staff and equipment. Based on the site inspection, Bradley Towing and JC Towing will be considered essentially one business. Since JC Towing is the parent company, operates the lots and offices in Chula Vista and posts the required notices, the rating for these tow concerns will be discussed later in this document under the heading "JC Towing." Based on the site inspection and the fact that this tow concern is, in essence, the same company as JC Towing, an additional bidder for this contract, Bradley Towing should be excluded for consideration from this RFP (consideration will be given to JC Towing). Cortes Towing: This tow concern is a very small family operated business. The business operates six trucks with as few as two on call during nighttime hours. Cortes Towing has no experience with municipal law enforcement contracts and is inexperienced with 30-day impound fee collection or reimbursement procedures. The storage lot for this business is located in the Otay Mesa area of San Diego. The lot is close to fourteen (14) miles from the National City Police Department. The lot is located on an un-named dirt driveway off of the main road. The driveway is poorly maintained and difficult for a normal passenger car to travel. The lot is difficult to find during daylight hours and would be extremely difficult to find during darkness. Due to the dirt driveway being un-named, computer programs such as "Mapquest" provide poor directions to the lot. The business failed to meet specifications of the RFP as follows: The company operates no "sub -garage" vehicles that could access the Police Department's secured parking facility. The business office and storage lot is not alarmed (the company is expecting to install CCTV in the near future). A single street lamp illuminates the entire lot. There is no secure area for evidence vehicle storage. Additionally, the following are areas of concern with this particular vendor: Office staffing is severely limited during after-hours operations. Primary communication for this business is cell phone. After hours, all calls are forwarded to a cellular telephone answered by a driver. In fact, when I called to notify the business of my pending site visit, the call was answered by a driver who ultimately called a business associate to respond to the storage lot prior to my arrival. There was no office staff on site during my 's 2 visit (one secretary did arrive as I was leaving). After hours access requires that a driver respond to the lot. This could require a significant wait on the part of a customer. Security to the storage lot is lacking. The lot is surrounded by a 6' chain link fence. In the near future, part of the fence will require replacement due to -street encroachment as part of construction adjacent to the site. During the fence replacement, security could be compromised, especially with vehicle access directly next to the fenced portion of the lot. Based on this site inspection, I feel that Cortes Towing is not equipped to meet the needs of the National City Police Department. -JC Towing: This bidder is a relatively large tow concern operating over forty trucks, twenty-two of which are new. JC Towing currently has municipal law enforcement contracts with the California Highway Patrol (CHP), Chula Vista Police Department (CVPD) and the San Diego Police Department (SDPD). The business collects and reconciles 30-day impound fees for the SDPD and reconciles the program for the CVPD. The storage lot for this potential contractor is located in the city of Chula Vista, seven miles from the NCPD facility. The lot is located a few blocks off of Interstate 5 and is relatively easy to find. Fees for all of the contracted agencies are clearly posted. The posted office hours for the business are 0800-1700 hours. However, according to staff, the office is routinely open from 0700-2000'hours on weekdays. The business office is.. not alarmed, however, after hours office staff/telephone operators are on-siteand have constant observations of the closed circuit television security monitors. Since staff is on site twenty-four hours a day, customers may obtain releases at any time. This .bidder has four "sub -garage" vehicles available to access the NCPD secured parking facility. If awarded this contract, the business owner will suggest placing a forklift, supplied. by JC Towing, in the NCPD parking structure for ease in movement of evidence vehicles and other heavy items. JC Towing has two 2-acre lots available for storage. Both lots are secured by high fencing, have adequate lighting and are monitored by a CCTV security device. One of the lots is completely paved. The second lot is dirt. The business is planning.on paving the second lot in the near future. There are canopies/tents and cargo containers available for secure evidence storage. The business will secure the tent areas with chainlink fencing to meet the requirements of the REP. There are several areas on either lot to facilitate the mechanical inspection of stored vehicles. The business has set aside a paved area complete with tool access and lifts if needed. The business would also provide a mechanic to assist with these inspections if requested. In addition to the issue of vehicle storage, the business has offered the use of cargo containers for evidence storage (i.e. bulk storage, search warrant temporary storage, etc.). The business would deliver, secure and move the devices as requested by the Police Department. 3 JC Towing is extremely active in the community. They routinely donate liened crash vehicles to local fire departments, including the NCFD, for training purposes. They have established a program to allow owners of impounded vehicles to donate the vehicle directly to a local charity that JC Towing has founded, Youth Education and Sports (YES). JC Towing meets or exceeds all of the criteria set forth in the RFP and will be given favorable consideration in this process. Moynahan's Towing: This bidder is one of two current tow contractors for the City. In fact, they have held the National City tow contract since 1968. They are the only bidder with an address/storage facility within the City (one mile from the Police Department building). In addition to National City, Moynahan's Towing currently contracts with the CHP and the San Diego County Sheriff's Department/Imperial Beach station for law enforcement tows. The company has an excellent reputation for being on time, submitting reconciliations and other reports accurately and timely and, providing access to stored vehicles. Moynahan's Towing is the only bidder that currently has posted office hours from 0800- 1800 hours as specified in the RFP. All fees are clearly posted in the business office. The business operates over ten vehicles, including one "sub -garage" vehicle capable of accessing the secured Police Department parking facility. Staff is available on -site 24 hours a day, seven days a week. All incoming telephone calls are answered by office staff. The business monitors the National City Police Department radio frequencies and routinely dispatches tow vehicles prior to notification by police dispatch. The storage lot is extremely large. It is composed of a coarse, crushed rock that keeps dust to a minimum. The lot and accompanying structures are well organized and clean. A tall stucco and wrought iron decorative fence surrounds the storage lot. The yard is well lit and constantly monitored by CCTV. There are two exterior covered secure cages for long term evidence storage and one garage for short term evidentiary impounds. In addition to the garage, there is a large paved pad on the lot to facilitate vehicle inspections. Based on this site inspection and Moynahan's Towing reputation for providing quality, on time service to the Police Department, they will receive favorable consideration in this process. Rancho Del Oro Towing: This tow concern is a fairly large company based out of Del Mar. They currently contract with other law enforcement agencies in the north and east county areas. They have no experience in the collection and reconciliation of 30-day impound program fees. The closest storage facilities operated by the company are located in the Otay Mesa area (16.5 miles from NCPD) and in the city of El Cajon (15.9 miles from NCPD). Both facilities were inspected pursuant to this report. 4 The Otay storage facility is located just north of the international border off of Interstate 905. The lot was difficult to locate initially due to a confusing numbering system in the area and signage blocking the address. Storage/impound fees were not posted at this facility. This facility has separate offices for police impounds and other storages. There was no staff manning the police impound office. Practices at the lot call for office personnel to leave the main office and staff the police impound facility only if necessary. The offices are adjacent to each other and, therefore, this is not a significant issue. After hours, a driver would have to be dispatched to respond to the lot for releases. Due to the remote location of the lot, this could result in a lengthy wait. After hours, there are usually one or two tow vehicles assigned to this lot and available for service. More vehicles are available from other yards within one hour. In the event the primary tow truck was busy, an hour response time for a police tow would be unacceptable. The company would plan on using a Ford F-450 (large pick-up) tow vehicle with dollies to access the Police Department secure parking structure. It is doubtful that a towed vehicle on dollies would be able to be placed in the Police Department facility due to the steep entry into the structure. There are no facilities for secured evidence storage at this site and there is no paved area for vehicle inspections. The area is extremely dusty and: not conducive to the exterior storage of evidentiary vehicles. The company has indicated that they could provide these facilities quickly if necessary. There was an extremely heavy volume of vehicle and pedestrian traffic in the area of this yard at the time of the site visit due to a weekly vehicle auction taking place. , The El Cajon storage facility required a great deal of non -freeway driving to get to. The business offers no off-street parking and it was difficult to find nearby parking in the industrial area where the lot is located. Impound and storage fees were clearly posted in the business office. This storage facility had no secure areas for evidence storage. The entire lot was paved asphalt. The lot is clean and organized. Security for both storage facilities is excellent. Both lots are surrounded by 8' tall chain link fence topped with razor wire and are covered by CCTV cameras that can be monitored via internet access. Based on the site visits, I feel that Rancho Del Oro is equipped to handle the volume of tows generated by the National City Police Department and has the office staff available to accommodate our needs. However, I am concerned that this company may not have the ability, based on the limited number of trucks assigned to the Otay Mesa facility, to routinely meet the twenty minute requirement per the RFP. I am also concerned that the relative remoteness and distance of the lots from the NCPD would be problematic, particularly for evidentiary impounds requiring inspections. 3 5 Road One Towing: This bidder is one of two current tow contractors for the City. Road One is a very large tow concern operating close to two hundred tow vehicles. They currently hold tow contracts with several other law enforcement agencies. They are familiar with fee collections and reconciliations for 30-day impound programs. They have performed well in all administrative areas associated with our Serious Traffic Offender Program (STOP). Road One has, however, developed a reputation for slow and late response times when dispatched to NCPD police tows. This reputation is pervasive. It exists in every level of the Police Department and at administrative levels of City government. The Traffic Division has discussed response times many times with Road One supervisors during the past two years. Shortly after the RFP was announced, I received a telephone inquiry from a Road One supervisor. He wished to discuss dispatch issues and how Road One could improve their response times and image with the Police Department. No discussions were held due to my involvement with the RFP process. This was the first time I and, to my knowledge, the Police Department had been contacted by Road One to formally discuss this issue. Other than the issue of tardiness, Road One has served the Police Department well. Their storage facility is in close proximity to National City (3.2 miles from the NCPD building). They staff their own dispatch center and are available to provide releases at any time of the day. The business office hours are 0800-1700 hours on weekdays. Impound and storage fees are not currently posted in the business office. The storage lot meets or exceeds all RFP requirements. The business has an indoor garage with three separate cages to provide secure short-term evidence storage. The garage is large enough to allow for the mechanical inspection of impounded vehicles. The storage lot is large and rather crowded. It is composed of crushed rock and dirt and is extremely dusty. The well -lit lot is surrounded by a tall chain link fence, is motion sensor alarmed and is monitored via CCTV. Road One will receive favorable consideration during this process. However, their reputation for tardiness when dispatched to police tows will impact Road One's overall rating and recommendation. Western Towing: This bidder is a fairly large company based on Pacific Highway north of downtown San Diego. They currently hold tow contracts with the CHP, SDPD, SDSO and the Immigration and Naturalization Service. They have experience in collecting fees and processing data for 30-day hold programs for other agencies. The closest storage yard for Western Towing is in the city of Chula Vista (5.8 miles from the NCPD building). I telephoned the corporate offices to notify the company of my pending site visit. I was told that staff would be expecting me and would make themselves available to assist me with the inspection. Upon arrival, the site manager told me that he was much "too busy" to speak with me. He assigned a driver to escort me around the property. I was able to inspect the facility, but was unable to gain any substantial insight into business operations and practices. All storage and impound fees were cle rly posted outside the business office. Current office hours for this facility are 0800-1 00 hours on weekdays. After hours access to office staff and/or the storage yard requ re scheduling an appointment with a driver who would be assigned to respond to the yar It is unknown what the average wait time for this service would be. The number of trucks assigned to this 1 varies. However, in the event a primary tow vehicle was not immediately available, other vehicle could be summoned from a nearby area. Usually, this could be acc plished within the required 20-minute time frame. The company has several "sub-g age" vehicles available to access the Police Department secured parking facility. H wever, the response time for these vehicles' could be delayed. The storage lot meets all requirements of the RFP. The business has an indoor garage with room to house three vehicles for secured evidence storage. However, there are no barriers to separate the vehicles from eacz other or to keep out persons who have access to the garage. The lot has a large cement pad that could be used to facilitate the mechanical inspection of stored vehicles. The yard is relatively small compared to other bidders. However, the business has a nearby overflow storage areaif the lot becomes full. The storage lot, however, is novas secure as the primary facility. It appears that Western Towing may be c pable of meeting the general, if not specific, needs of the National City Police Dep nt. Without being able to gain better insight into their practices and procedures, I am h sitant to recommend this bidder for serious consideration.. I am also concerned about ow a prospective vendor would perform once awarded a contract when he would not tak the time to meet with us while attempting to secure the contract. Based on the site inspections and the knowledge that I have gained regarding these ppotential contractors, I recommend them in the following order (ranked from most referred to least preferred): 1. Moynahari's Towing 2. JC Towing 3. Road One Towing 4. Western Towing 5. Rancho Del Oro Towing 6. 7. American Towing (in my opinion, did not meet RFP criteria) 8. Cortes Towing (in my opinion, did not meet RFP criteria) Bradley Towing (not seriously considered due to association with JC Towing) In addition to making recommendations reg rding the tow concerns, I would like to take the opportunity to provide some input into the determination as to the number of 7 contractors to consider. It would be my recommendation that we continue to use two tow contractors. The use of two tow companies has allowed for an easy to use and follow calendar for scheduling. Currently, one tow contractor conducts police tows from the first through the fifteenth day of the month while the second vendor tows from the sixteenth to the last day of the month. The contractors switch positions each month. This allows for an equal number of days annually that each vendor is responsible for. Increasing to three vendors would complicate scheduling and require NCPD Dispatch to formulate a daily or weekly rotation to ensure an equitable distribution of tows. Switching tow concerns frequently creates confusion among Dispatch and Patrol Division officers. This leads to the incorrect tow company frequently being summoned, which in turn, results in complaints from the tow companies. An addition consideration would be the increased work involved in having staff review and reconcile more monthly reconciliations and quarterly reimbursements. Currently, a Police Services Officer is assigned the collateral duties of the vacant STOP Coordinator position. I feel that it would be counter productive to increase the number of reports that we review, reconcile and file while conducting the same number of tows and impounds. The increase in work would impact the Operations Assistant and Finance Department as well as the Traffic Division without increasing our revenue. I feel that this is especially important at this time due to the current fiscal restrictions and staffing shortages being suffered by the City and Police Department. Thank you for your consideration in this matter. Please do not hesitate to contact me via telephone (extension 4446) or e-mail if you have any questions or if I can be of further assistance in this matter. Randy Bishop, Sergeant National City Police Department Traffic Division (619)336-4446 rbishop@ci.national-city.ca.us nGNfG ✓'"` . l� / 2'7k 8 Prospective Contractor TOW ' I P INSPECTION America Towing, 140 Reed Court CV 2/8/06 1215 X 0 0 0 0 X 0 X 0 X X X X X x X X X X Business license Current in jurisdiction 24 hour phone contact Pager/cell/office staff, after hou s answering service in cell contact w/driver 24 hour office staff for release Office at yard (open minimally a 800-1800), currently .8:30 —5 Mon -Fri Access to vehicle by R/O 24ho s,after hours by paging driver to return to lot Fee schedule posted in office, lirni ed fees posted, fees not specific bracketed Accept credit card and cash Cash on handfor change, office . taff/mgmt. would respond after hours, Procedure in place to post reconc liations, not at this time no LE contracts/expert Invoices itemized with all charges Tow truck requirements 3 w/ dual rear wheels and GV "' in excess of 14,500 lbs., 11 trucks 1 sub -garage vehicle, no vehicle • edicated Truck equipment 2 way radio,cell phone and pag r contact with driver 8000 lb: capacity Dollies on each vehicle CHP inspection certificate for eac vehicle Lot requirements Within ten miles -of City bound. , 8.3 miles from PD Minimally 10,000 square feet, lar:e crushed stone lot Enclosed, 8' chain link fence Alarmed, CCTV, electric fence, ght time security guard on site Lighting: -flood lights Drainage: no standing water Secured evidence storage, no faci ity to secure evid. Vehicles Paved examination area, has vehicle lift and electricity (uncovered) comments: contract with USP;,.start CVPD contract Mar. 2006. small family owned business, no e perience with municipal LE contracts/30 day hold procedures, limited office availabilit after hours person conducting inspection: Bishop TOW RFP INSPECTION Prospective Contractor Bradley Towing, 2501 Faivre CV, 2/8/06 1100 B Business license X Current in jurisdiction 2 24 hour phone contact X Pager/cell/office staff, staffs own dispatch center 2 24 hour office staff for release 0 Office at yard (open minimally 0800-1800), posted 8 AM-5 PM, usually 7-8 X Access to vehicle by R/O 24 hours X Fee schedule posted in office, many LE contracts, all fees for each posted X Accept credit card and cash X Cash on hand for change X Procedure in place to post reconciliations, does 30 day posting for SDPD/CVPD I Invoices itemized with all charges T Tow truck requirements X 3 w/ dual rear wheels and GVWR in excess of 14,500 lbs., 40 total, 9 on lot, 22 X 1 sub -garage vehicle, 4 avail. plus has offered fork lift T Truck equipment X 2 way. radio, Nextel and radio X 8000 lb. capacity X Dollies on each vehicle' X CHP inspection certificate for each vehicle L Lot requirements X Within ten miles of City boundary, 7 miles from PD X Minimally 10,000 square feet, 2 two -acre lots avail. 1 comp. paved X Enclosed -- Alarmed, no alarm, CCTV on site X Lighting: flood lights O Drainage: no standing water, dirt lot had minor standing water from washing X Secured evidence storage, canopy enclosed areas and storage containers X Paved examination area, complete with tools/lifts and mechanic avail. comments: one two -acre paved lot, in process of paving second 2-acre lot. Contracts with CHP, CVPD, SDPD. Offered many services not relating to towing (evidence storage, fork lift for evidence moving/vehicle storage/inspection in PD underground). Very community oriented; provides crash vehicles for FD extraction training, has developed program to allow unclaimed vehicles to be donated for charity (YES). person conducting inspection: Bishop TOW RFP INSPECTION Prospective Contractor Cortes Towing, 996 Otav Valley Rd,_2/8/06 1400 X 0 0 0 X X X X X X X 0 X 0 x 0 Business license Current in jurisdiction 24 hour phone contact cell phone answered by driver Pager/cell/office staff, no office staff at site on arrival, cell answered by driver 24 hour office staff for release Office at yard (open minimally 0800-1800),.. currently 0800-1730 Access to vehicle by RD 24 hours, driver to respond to lot Fee schedule posted in. office Accept credit card and cash Cash on hand for change Procedure in place to post reconciliations, not at this time, no exp. w/30 day proc. Invoices itemized with all charges Tow truck requirements 3 w/ dual rear wheels and GVWR in excess of 14,500'Ibs., 6 trucks 1 sub -garage vehicle, none Truck equipment 2 way radio, primary comm. is -cell phone 8000 lb. capacity Dollies on each vehicle CHP inspection certificate for each vehicle Lot requirements Within ten -miles of City boundary lot is 13. 8 miles from PD hard to find Minimally 10,000 square feet, small crushed stone lot, Enclosed, 6' chain link, must move one fence due to street encroachment Alarmed,' scheduled to install CCTV soon Lighting: flood lights, one street light on lot Drainage: no standing water Secured evidence storage, no secure facility Paved examination area, none, could use tow truck mint. area comments: small family owned business, storage lot not very secure, no security and no one`to monitor alter hours. lot is difficult to locate .onpoor dirt roads,quite a drive from .NC waits for after hours office service could be extreme, no experience with 30 day hold -protocol no truck to access underground person conducting inspection: Bishop �11 TOW RFP INSPECTION Prospective Contractor JC Towing, 2501 Faivre CV, 2/8/06 1100 B Business license X Current in jurisdiction 2 24 hour phone contact X Pager/cell/office staff, staffs own dispatch center 24 hour office staff for release X X X X X X X X X X X X X X ice at yard (open minimally 0800-1800), posted 8 AM-5 PM, usually 7-8 Access to vehicle by R/O 24 hours Fee schedule posted in office, many LE contracts, all fees for each posted • Accept credit card and cash Cash on hand for change Procedure in place to post reconciliations, does 30 day posting for SDPD/CVPD Invoices itemized with all charges Tow truck requirements 3 w/ dual rear wheels and GVWR in excess of 14,500 lbs., 40 total, 9 on lot, 22 new 1 sub -garage vehicle, 4 avail. plus has offered fork lift Truck equipment 2 way radio, Nextel and radio 8000 lb. capacity Dollies on each vehicle CHP inspection certificate for each vehicle Lot requirements Within ten miles of City boundary, 7 miles from PD Minimally 10,000 square feet, 2 two -acre lots avail. 1 comp. paved Enclosed X 0 X X Alarmed, no alarm, CCTV on site Lighting: flood lights Drainage: no standing water, dirt lot had minor standing water from washing Secured evidence storage, canopy enclosed areas and storage containers Paved examination area, complete with tools/lifts and mechanic avail. comments: one two -acre paved lot, in process of paving second 2-acre lot. Contracts with CHP CVPD, SDPD. Offered many services not relating to towing (evidence storage, fork lift for evidence moving/vehicle storage/inspection in PD underground). Very community oriented; provides crash vehicles for FD extraction training, has developed program to allow unclaimed vehicles to be donated for charity (YES). person conducting inspection: Bishop 11 2 TOW REP INSPECTION Prospective Contractor Movnahan's Towing, 3200 NCB, 2/8/061530 B Business license X Current in jurisdiction 24 hour phone contact X Pager/cell/office staff, phone answered by office staff 24 hrs. 2 24 hour office staff for release X Office at yard (open minimally 0800-1800), only bidder cur. open 8-6 X Access to vehicle by R/O 24 hours Y F hdl X X X X ee sc e u e posted m office, all fees posted for police and private Accept credit card and cash Cash on hand for change Procedure in place to post reconciliations, current vendor, posts 2X per month Invoices itemized with all charges Tow truck requirements 3 w/ dual rear wheels and GVWR in excess of 14,500 lbs., 9 trucks 1 sub -garage vehicle Truck equipment 2 way radio 8000 lb. Capacity Dollies on each vehicle CHP inspection certificaje for each vehicle Lot requirements X Within ten miles of City boundary, within city limits 1 mile from PD X. Minimally 10,000 square feet, clean crushed rock X Enclosed, stucco cement/wrought iron °fence X Alarmed, CCTV with staff on site 24 hrs X X Lighting: flood lights, well lit Drainage: no standing water Secured evidence storage, 2 covered cages and 1 inside garage area Paved examination area, 1 indoor and paved area outside comments: only bidder within city limits, has been PD tow contractor since 1968, contracts with CHP and IBSO, excellent reputation for being on time person conducting inspection: Bishop 113 TOW RFP INSPECTION Prospective Contractor Rancho Del Oro, 9063 Airway SD/1167 W. Palm EC, 2/8-9/06 1015/0930 Business license, busin X Current in jurisdiction, closest lots in Otay and El Cajon 2 24 hour phone contact X Pager/cell/office staff, staffs own dispatch center 24 hours 2 24 hour office staff for release O Office at yard (open minimally 0800-1800), currently 8-5 O Access to vehicle by RIO 24 hours, driver dispatched after hours O Fee schedule posted in office, at Otay minimal fees posted daily only, EC was OK X Accept credit card and cash X Cash on hand for change O Procedure in place to post reconciliations, currently does CHP, does not coll. fees I Invoices itemized with all charges T Tow truck requirements -- 3 w/ dual rear wheels and GVWR in excess of 14,500 lbs., 1-2 at Otay, more w/in O 1 sub -garage vehicle, F-450 w/ dollies T Truck equipment X 2 way radio X 8000 lb. capacity X Dollies on each vehicle- X CHP inspection certificate for each vehicle L Lot requirements O Within ten miles of City boundary, Otay 16.5 miles from PD, EC 15.9 miles X Minimally 10,000 square feet, Otay crush rock/dusty, EC paved X Enclosed, Otay adjacent to large private lot, heavy ped. trf., hi fence w/ razorwire X Alarmed, CCTV with web access O Lighting: flood lights, Otay minimal, EC was OK X Drainage: no standing water, Otay had prob. may again w/ rain, EC was good -- Secured evidence storage, none promise to build immed. if award. contract - Paved examination area, same as above comments: both lots are a considerable distance from PD, EC had no nearby parking during normal hours, Otay has heavy traffic and is very dusty, not condusive to evidence storage, neither lot has secured evidence storage area, Otay lot is just north of border crossing and not easy to locate, EC is not viable due to traffic patterns person conducting inspection: Bishop TOW RF'P INSPECTION Prospective Contractor Road One, 3333 National Ave. SD, 2/8/06 1430 Business license X Current in jurisdiction 2 24 hour phone contact X Pager/cell/office staff, staff own dispatch center 2 24 hour office staff for release 0 Office at yard (open minimally 0800-1800).currently 8-5 M-F, 10-3 Sat. X Access to vehicle by R/O 24 hours, driver dis satched after-hours Fee schedule posted in office, no fees currently posted at yard office X Accept credit card and cash X Cash on hand for change X Procedure in place to post reconciliations, current vendor post 2X per month Invoices itemized with all charges T Tow truck requirements X 3 w/ dual rear wheels and GVWR in excess of 14,500 lbs. X 1 sub -garage vehicle Truck equipment X 2 way radio, Nextel and pager as well X 8000 lb. capacity X D Dollies on -each vehicle X CHP inspection certificate for each vehicle Lot requirements Within ten miles of City boundary;.yard 3.2.miles from PD X Minimally 10,000 square feet, large (very full) crushed rock yard X Enclosed, 8' fence with concertina X -. Alarmed, CCTV with 24 hr. retrieval, motion sensor, for lot and bldg. X Lighting: flood lights, 6+ X Drainage: no standing water X Secured evidence storage, interior garage cages X Paved examination area, inside glige area comments: current -tow contractor, meets criteria in RFP with exception of posted office hours and posted tow fees, has developed a reputation for routine lateness for `police tows person conducting inspection: Bishop 315 TOW RFP INSPECTION Prospective Contractor Western Towing, 1187 Walnut CV, 2/8/06 1150 B Business license X Current in jurisdiction, large contractor, main office on Pac. Highway SD X 24 hour phone contact, own dispatch center O Pager/cell/office staff, office staff "too busy" to assist/answer questions 2 24 hour office staff for release O Office at yard (open minimally 0800-1800), currently 8-5 -- Access to vehicle by R/O 24 hours, by appoint only after hours w1 driver X X X X 0 0 X X X X X X X X X X X Fee schedule posted in office, many contracts, all fees posted Accept credit card and cash Cash on hand for change Procedure in place to post reconciliations, currently does 30 day holds for others Invoices itemized with all charges Tow truck requirements 3 w/ dual rear wheels and GVWR in excess of 14,500 lbs. Unk. How many at this lot other trucks avail. w/in short wait 1 sub -garage vehicle, several avail. but may require delayed resp. time Truck equipment 2 way radio, Nextel 8000 lb. capacity Dollies on each vehicle CHP inspection certificate for each vehicle Lot requirements Within ten miles of City boundary, 5.8 miles from PD Minimally 10,000 square feet, small crowded lot, has nearby overflow lot Enclosed, tall fences block/chain link Alarmed, office and garage only, CCTV Lighting: flood lights Drainage: no standing water Secured evidence storage, garage can hold 3 cars, no physical separation inside Paved examination area, inside or on pad, crushed rock lot comments: may have limited number of trucks on hand at this lot, however can dispatch w/in 20 minutes from other areas if necessary, can offer "collision wrap" for evidence vehicles held for lengthy periods, has tow contracts with CHP, SDPD, SDSO, INS, office/lot manager would not make himself available to answer questions or assist with lot inspection person conducting inspection: Bishop �' 1 PURCHASING TOW NG CONTRACT PRIC: COMPARISONS 2/20/2006 FINAL* Moyn. JC Road 1 Western RdelOro Amer. Cortes Bradley EE SCHEDULE BASIC TOWING. Includes First Hour Hookup, Labor, Standby Time, for vehicles Under 9,500 GVW (unloaded $1 $135 $150 $135 $130 $50 $145 $125 $150 MEDIUM SIZE - BASIC TOWING. Includes first hour hookup, labor, standby time, for vehicles over 9,500 GVW but less than 22,000 $1 0 $150 $180 $150 $140 $50 $185 $125 $180 LARGE SIZE - BASIC TOWING. includes first hour hookup, Tabor, standby time, for vehicles over 22,000 GVW (unloaded $2 0 $200 $210 $180 $150 $50 $250 $100 $210 ON -SCENE or Stand-by labor = each 15-minute increment, beyond first hour. Is charged only when extra ordinary labor must be expended to recover a vehicle. Stand-by is charged when the job cannot be started and must be explained on the tow bill. S $40 $25/ qtr hr $15 $20 ?? $20 $30 $25 DOLLIES. Will only be used when there is not a Tess expensive, safe manner of handling the situation. $ ' $50 $50 $40 $45 ?? $50 $40 $50 DRY RUN. May also be known as a "hook-up — drop fee" and is charged when the vehicle is hooked up and the owner retums before the .r.ehicle is in transit. S6 ' $50 $70 $60 $65 NC?? $25 $70 $70 . R MILE TOWING. Applies only to vehicles recovered outside the jurisdiction of the city of National City $. $4 $5 $4 $3 ?? $5 after 5 mi $5 $5 MAXIMUM STORAGE - PER DAY. Per day is defined as a 24-hour period. $3 $35 $20 $20 $20 $20 $20 $20 $20 STORAGE PER HOUR. Up to maximum of $35.00 per day. $ ?? $5 $5 $5 ?? $5 $10 first hr, $1/hr after $5 AFTER HOURS VEHICLE RELEASE. After 6PM and before 8AM including weekends and all holidays. $5 $65 $40 $40 $65 NC?? $73 $75 $40 NOTIFICATION OF LIEN SALE. Vehicle valued at Tess than $4.000, (22851.12 CVC). $7�' $70 $70 $70 $70 35?? $35 $50 $70 NOTIFICATION OF LIEN SALE. Vehicle valued at over $4,000. (22851.12 CVC). $10 $100 $100 $100 $100 $50 $70 $100 $100 POLICE EQUIPMENT TOWING. Inside jurisdictional limits of National City N NC NC NC NC ?? NC NC NC CITY EQUIPMENT TOWING. Includes all City vehicles. Also includes police vehicles towed from outside juridictional limits of National City $50 $65 ?? $50 $50 plus storage ?? $45-$200 $50 ?? NEGLIGENT VEHICLE IMPOUND RELEASE FEE SERIOUS $55 $55 $53 $55 $55 $150 ?? $55 $53 TRAFFIC OFFENDER PROGRAM FEE $150 $150 $150 $150 $150 $150 ?? $150 $150 INAL: Final negotiated rates to which both recommended vendors agreed. Contracts with both vendors will char.e the same rates CI Purchasing BID ANALYS S / VENDOR RANKING 2/20/2006 Vendor 1 Moynahan Towing 2 JC Towing 3 Road One Towing 4 Western Towing 5 Rancho del Oro Co. 6 American Towing 7 Cortes Towing 8 Bradley Towing 9 R & S Towing 10 Brother's Towing 11 Allied Gardens Towing 12 Associated Towing 13 C & D Towing 14 Sunset Towing 15 Two -Bit Towing ocation ational City hula Vista an Diego an Diego el Mar hula Vista an Diego S:n Diego L mon Grove National City S : n Diego S. n Diego L- Mesa N-tional City C ula Vista Final Ranking 1 2 3 4 5 6 7 8 Returned No Bid 'No Response No Response No Response No Response No Response LUCE FORWARD ATTORNEYS AT LAW • FOUNDED 1873 LUCE, FORWARD, HAMILTON & SCRIPPS LLP ROBERT L. YouNo, PARTNER DIRECT DIAL NUMBER 619.699.2471 DIRECT FAX NUMBER 619.645.5321 EMAIL ADDRESS ryoung@luce.com March 1, 2006 VIA E-MAIL AND U.S. MAIL Brenda E. Hodges, C.P.M. Purchasing Division, City of National City 2100 Hoover Avenue National City, CA 91950 600 West Broadway Suite 2600 San Diego, CA 92101 619.236.1414 619,232.8311 fax www.luce.corn gcw.d On t-- Re: Protest of Award — RFP # GS0506-5 Dear Ms. Hodges: We represent A to Z Enterprises, Inc. ("RoadOne"). RoadOne was a bidder in response to the City of National City's Request for Proposal. ("RFP") #GS0506-5. RoadOne hereby formally protests your intention, as stated in your letter of February 17, 2006, to recommend that the City Council "award the new contract to... Moynahan's Towing and JC Towing, Inc." (the "Proposed Companies"). This Protest is based upon the facts, evidence and law presently known to us. However, our investigation is ongoing. RoadOne reserves the right to supplement this Protest as further information becomes available. Most important to the City Council and to the citizens of National City, RoadOne's Proposal will result in substantially more revenue to the City than the Proposed Companies will provide. The revenue loss to the City of National City, and its citizens, were it to choose either of the two Proposed Companies over RoadOne exceeds $200,000 over the life of the Contract. Given the significant financial benefit to the City in the RoadOne Proposal, it is clear that pricing was not weighted in the evaluation process as expressly required by the RFP. Indeed, it appears that evaluation consisted almost entirely of flawed and inaccurate site inspections. Many material errors were made in the bid evaluation process. Paragraph 6 of the RFP required that the Proposed Companies' bids "be in full conformance -with the terms and conditions set forth therein. They were not. Paragraph 6 of the RFP required that the Proposed Companies "meet all specification requirements." They did not. The Proposed Companies were further :obliged to "satisfy and explicitly respond to all the Specific Provisions and Specifications" including detailed explanations. (RFP, Part. P, Technical Evaluation (emphasis added).) The Proposed Companies failed to comply. CARMEL VALLEY/DEL MAR • LOS ANGELES • SAN DIEGO • SAN FRANCISCO LUCE FORWARD ATTORNEYS AT LAW • FOUNDED 1873 LUCE, FORWARD, HAMILTON & SCRIPPS LLP Brenda E. Hodges, C.P.M. Purchasing Division, City of National City March 1, 2006 Page 2 RoadOne's protest is set forth more fully in the Addendum submitted herewith and incorporated herein by reference. Not only does the RFP "evaluation" make no economic sense for the City, it violates RoadOne's due process rights by failing to follow the RFP and by the errors made in that process. Specific and material grounds compel the rejection of the bids by Moynahan's Towing and J.C. Towing as well as the acceptance of RoadOne's bid. RoadOne looks forward to a full and fair investigation of these allegations before any recommendation is submitted to the City Council. Please contact me as soon as possible to discuss this matter. Very truly yours, Robert L. Young of LUCE, FORWARD, HAMILTON & SCRIPPS LLP RLY/dc RFP PROTEST ADDENDUM RoadOne alleges the following: 1. Money Lost to the City: Proposed Referral Fees were not considered in the review process. RoadOne offered three times the financial benefit as did the Proposed Companies. How can City staff justify refusing more than $200,000 in revenue to the City for the same service? 2. RoadOne's Rates Were Lower; Proposals Were Improperly Changed After Bid: The submitted Rates by RoadOne were lower (more favorable to the public) than those of JC Towing or Moynahan's. These Rates were not considered and, worse, have been allowed to be changed after the Proposals were submitted, in violation of the :RFP. The RFP, Section 1, Background Scope of Work and Objective, V `Basis of Award,' required that rates were to be given a greater weight in Proposal evaluation than technical issues. 3. JC Towing Equipment Unavailable to the City: Sgt. Bishop's evaluation notes that JC Towing has 22 new trucks. However, an `extensive administrative review and site evaluation' should have revealed that these trucks are exclusively dedicated to SANDAG for FSP work (Monday-thru-Friday for 9 hours g day). None of these trucks would be available for National City. 4. JC Towing Failed to Comply with the RFP Concerning CI P Documentation: JC Towing failed to supply the City with California Highway Patrol ("CHP") Truck Inspection Forms as required by the RFP Section I, D Trucks. JC Towing claimed that the trucks were 'new' and inspections were pending. However, any investigation should prove that these trucks entered service nearly a year ago, in July 2005. 5. Movnahan's Proposal Completely Non -Responsive to the RFP: Moynahan's Proposal was non -responsive to the RFP. It did not comply with RFP Section I, Background Scope and Objective, K 1 b., Technical Proposal (yes or no insufficient). Moynahan's was required to describe in detail how the proposedproducts and or services meet or exceed the -stated Specific Provision and Specifications. This, it failed to do. In addition, Moynahan's technical proposals section fails to even identify how its trucks meet the stated minimum requirements. The inference is clear: Moynahan's does not now have the required equipment to do the job. 6. Movnahan's Proposal Contains' Overcharges and Omits Required Fees: Moynahan's Proposal exceeds the maximum allowed daily storage rate (Moynahan's Price Proposal). This allowable storage rate was set in the City's Addendum 4 at $20.00 per day. Moynahan's also failed to submit a bid on the hourly storage fee. 7. Neither JC Towing nor Movnahan's are in Compliance with California Lien Sale Law: Both JC Towing and Moynahan's claim to comply with RFP requirement Section I, G — and lien sale law -- as it pertains to remittance to the State for any excess monies received through a lien sale of a vehicle. However, it is clear that the evaluation process did not follow-up on this point. A routine check with the Department of Motor Vehicles will confirm payments — or a complete lack of same — to the State. RoadOne does follow the law in this regard and is one of the larger remitters to the State. 8. There is Bias Apparent in the Evaluation by Sgt. Bishop: a. In its Proposal, Moynahan's concedes that it has only six trucks. Yet, incomprehensibly, Sgt. Bishop credits them with operating "over ten trucks." b. Sgt. Bishop's evaluation describes Moynahan's yard as `extremely large' and RoadOne's as `large.' However, in fact, RoadOne's lot is three times the size of Moynahan's. c. Sgt. Bishop states that JC Towing's yard is 'easy to find' but is silent regarding RoadOne's yard which is both far easier to find (it is located on a main road) and is twice as close. d. Although the site evaluation clearly indicates JC Towing lacks the required yard fencing for `secure evidence storage,' Sgt. Bishop nevertheless checks this requirement as `satisfied.' e. Although the surface of both the RoadOne and Moynahan's yards is identical (crushed rock), Sgt. Bishop evaluates Moynahan's yard as `keeps dust to a minimum' but RoadOne's as `extremely dusty'. f. Sgt. Bishop's characterization of a "telephone inquiry from RoadOne supervisor" is false. In fact, RoadOne has telephoned to report NCPD mishandling of a tow call. An NCPD dispatcher had directed RoadOne to the wrong location. g. Sgt. Bishop incorrectly claims that RoadOne has been contacted 'many times' over the last two years by NCPD traffic division. This has not occurred. Further, a true review of tow call response times will show that RoadOne's record meets or beats its competition. h. Sgt. Bishop makes a large point of asserting that JC Towing is `active in the community.' This is not part of the evaluation criteria called for by the RFP. However, RoadOne's key officers have been very active in the community. Tellingly, while Sgt. Bishop boasts that Moynahan's has towed since 1968, he fails to mention that RoadOne has been towing in this community since 1949. eerk LUCE FORWARD ATTORNEYS AT LAW • FOUNDED 1873 LUCE, FORWARD, HAMILTON & SCRIPPS LLP ROBERT L. YOUNG, PARTNER DIRECT DIAL NUMBER 619.699.2471 DIRECT FAX NUMBER 619.645.5321 EMAIL ADDRESS ryoung@luce.com March 9, 2006 VIA E-MAIL and U.S. Mail Brenda E. Hodges, C.P.M. Purchasing Division, City of National City 2100 Hoover Avenue National City, CA 91950 Re: Protest of Award — RFP # GS0506- Supplemental Information Dear Ms. Hodges: Thank you for your email response to Mr. Staff is considering Road One's formal Pro cannot envision how National City coul widespread and obvious bias and failures guidelines. Obviously, the Protest of Award material compel either: (a) an award to Road One; or as Road One looks further into the RFP, further questions and concerns are raised. The objective of the RFP is clearly set forth "the best' overall value to the city"(emphasi biased process, if not corrected, the outcom provide no additional benefit to the City or t The RFP set an evaluation process that was ' 0 . Price Proposals to be evaluated independent importance: "Technical ranking of proposal ranking to determine the final ranking for e technical merit (Section I, V. Basis of Awar 600 West Broadway Suite 2600 San Diego, CA 92101 619.236.1414 619.232.8311 fax Www.luce.corn sey of March 3, 2006. We are pleased that City est of Award dated March 1, 2006. Put simply, we go forward on this Award with such egregious, o follow the Request for Proposal ("RFP") written previously submitted are more than adequate to (b) a new RFP. However, it is important to note that e Proposals submitted and the "evaluation" thereof, RFP Section I.D: The goal was (and is) to obtain added). Regrettably, owing to a very flawed and will be in the best interest of the tow companies and the public it is pledged to serve. of followed. The RFP required the Technical and y and that the Price Proposal would carry greater will be combined with the corresponding price ch proposal. ,.rice will have Freater weight than ) (emphasis added). CARMEL VALLEY/DEL MAR • LDS 4INGELES • SAN DIEGO • SAN FRANCISCO II. LUCE FORWARD ATTORNEYS AT LAW • FOUNDED 1873 LUCE, FORWARD, HAMILTON & SCRIPPS LLP Brenda E. Hodges, C.P.M. March 9, 2006 Page 2 The Price Proposal was not evaluated and was not weighted. When asked by Road One where and how the Price Proposal was scored, you, as the Purchasing Agent stated that it was not considered as the two recommended contractors had been selected from the site evaluations and a new standard public rate schedule was negotiated. Using the site inspections as the sole evaluation criteria to rank the contractors violates the order of Evaluation Criteria set forth in the RFP. In fact the RFP states, site inspections are the least important of the evaluation criteria: The criteria that will be used by the Purchasing Agent for the technical evaluation of proposals for this procurement are listed below in decreasing order of importance: 1. Meeting the Specific Provisions and Technical Specifications. 2. Proposer's Experience and Past Performance. 3. Inspection "(Section I, P, pg 7). When asked how Moynahan's storage rate, which exceeded the maximum allowed by the RFPI was treated, you stated that you had not evaluated the Price Proposals and that would have been addressed by the NCPD's Representative. When Sgt. Bishop was asked about the same issues he responded that he could not answer as this issue was not within his area and referred Road One back to the Purchasing Agent. At best, this mutual finger pointing demonstrates a complete breakdown in the evaluation process. RoadOne proposed a Referral Fee (the amount paid to the City by the tow company) significantly higher than the minimum as stated in the RFP as part of its Price Submittal. Disturbingly, this amount was not considered in the evaluation process. The Purchasing Agent stated that the City did not anticipate a Referral Fee to be proposed by the Tow Companies. The Price Proposal (the title itself implies that the bidding companies are expected to propose the amounts) includes as the first item to be addressed: "Referral Fees". This unequivocally indicates that a proposed referral fee is expected and, further, that the amount must meet or exceed the stated minimum. RoadOne, as a part of the process, submitted questions to the Purchasing Agent as provided for in the RFP to seek clarification of the RFP. A copy of the questions submitted is attached hereto as part of the RoadOne Protest Addendum and incorporated herein by reference. RoadOne's first question addressed the issue of a proposed Referral Fee in detail. The Purchasing Agent failed to adequately respond to this question if, in fact, referral fee bids were not to be considered. This position is clearly contrary to the best interests of the City and will result — if uncorrected — in the loss of over $200,000 of revenue to the City over the life of this contract. I Question: "should this be interpreted to imply that the city intends to establish the "maximum storage per day" rate at $20.00? Answer: "Yes, $20.00 per day." RFP Addendum 4, Exhibit B. et? LUCE FORWARD ATTORNEYS AT LAW • FOUNDED 1873 LOGE, FORWARD, HAMILTON & SCRIPPS LLP Brenda E. Hodges, C.P.M. March 9, 2006 Page 3 An Addendum to the RFP states that a professional consultant established the City's cost and what the Referral Fee should be. The staff recommendation includes a Referral Fee that reflects a zero increase from the old Referral Fee. The Staff's position would mean there has been no increase for over five years. Where is the report or consultant to confirm this? Why would City Staff set a Referral Fee much below that of other cities, especially given the City's current financial situation (looking at cutting services and requesting a tax increase from the public)? Absent the corrective action demanded by RoadOne, this process is will result in (a) giving the chosen tow companies significant increases in revenue; (b) costing the public more money; and (c) no additional benefit whatsoever to the City. f3 The Technical Proposal was neither reviewed nor properly evaluated to determine compliance and responsiveness to the, RFP. When asked by RoadOne, again, the Purchasing Agent deferred to Sgt. Bishop to explain how Moynahan's woefully inadequate Technical Proposal could be deemed "responsive". The RFP states that "the Purchasing Agent shall determine which Proposer's have met the requirements of the RFP. Failure .to comply with any mandatory requirement will normally disqualfb, a proposal"(Section I, O. Pg.7) (emphasis added). The RFP required detailed responses to sections of the RFP. "Contractors shall provide responses to each paragraph in the same order as the REP citing the heading and then their response. Simple "Yes ", "No", or "Comply" responses to stated Specific Provisions and Specifications are insufficient. Rather, the contractor must describe in detail how the proposed products and/or services meet or exceed the stated Specific Provisions and Specifications" (Section I, K.b. (emphasis added).) Moynahan's Technical Proposal is not responsive to this requirement. Instead it simply affirmed many sections in one or two sentence responses. As another example; Monahan's proposal fails to meet the RFP requirements in Section I, C Storage Yards that requires the `exact size of the yard' be in the proposal. The `Towing Contract Administrative Evaluations' score sheet (included in the City Council packets) clearly reflects that two line items under Technical Evaluation were not scored: (1) "Do They Meet Technical Specifications"; and (2) "Experience, Past Performance". Had these areas received the required -attention some of the problems with this process could have been avoided. This same sheet claims that Moynahan's returned all documents and addendums as required by the RFP. Not true. Moynahan's proposal omitted Addendums 1, 2 and 4. The `Towing Contract Administrative Evaluations' score sheet claims that JC Towing's CHP 234 Forms were all included as required. Again, not true. 61 15. I' . LUCE FORWARD ATTORNEYS AT LAW • FOUNDED 1873 LUCE, FORWARD, HAMILTON & SCRIPPS LLP Brenda E. Hodges, C.P.M. March 9, 2006 Page 4 The Site Inspections were not performed in either a consistent or an objective manner. The recommendations are not supported by the findings of the inspections. RoadOne is gravely concerned with several of the erroneous statements found in Sgt. Bishop's site inspections. As one example, Sgt. Bishop claims that RoadOne had failed to post rates, impound fees and business hours in its business office. Not true. The fees are posted in the customer area, an area he chose not to inspect during the mere fifteen minutes he was at this location. Rates and business hours are posted astheyhave been for many years. This has never been an issue. We would be pleased to provide declarations to this effect from non-parties if Sgt. Bishop continues to claim this as an issue. Sgt. Bishop never asked to see the posted rates or business hours. Obviously, it is RoadOne's current business hours that are posted (and not the adjusted hours that would be required at the start of any new contract). It is unreasonable to evaluate companies on posting of business hours with regard to the proposed new requirements; yet Sgt. Bishop repeatedly and misguidedly addresses this issue. As indicated in our Proposal, RoadOne stands ready to staff and operate the business hours as required in the RFP. Sgt. Bishop further claims that RoadOne has one subgarage truck. This, also, is not true. As stated in our Proposal, RoadOne has three. The above information — together with the originally submitted Protest materials -- proves a pattern and practice of biased and erroneous evaluations. But, it does not stop there. It seems that references that were required to be submitted were not even contacted. Sgt. Bishop conjectures on the response time of RoadOne but has absolutely no information as to the common response time of JC Towing. RoadOne has confirmed with the contact officer at SDPD that neither National City Staff nor Sgt. Bishop contracted SDPD to learn of their experience with JC Towing. As noted in our Protest letter, for some reason City Staff goes to considerable effort to address the community involvement of JC Towing even though this is not a factor in the award criteria. RoadOne would like the City to be aware of our long, and extensive, record of community involvement including: • Providing a van to NCPD for special operations. • Hosting K-9 training for NCPD and many other agencies in our yards. • Providing a vehicle for NCPD prostitution enforcement. • Hosting regular training exercises for NCFD and other agencies. • Providing vehicles to multi -agency operations such as DRAGNET and RATT. • Supporting local groups for many years such as USIAA and National City youth. GES LUCE FORWARD ATTORNEYS AT LAW • FOUNDED 1873 LUCE, FORWARD, HAMILTON & SCRIPPS LLP Brenda E. Hodges, C.P.M. March 9, 2006 Page 5 RoadOne's Proposal offered the City the best financial terms bf any of the bidding companies. For years, RoadOne has worked in our county, very successfully, with local and statewide agencies. A fair, and unbiased, evaluation of the competing proposals that complies with due process requirements and the RFP will reveal the same. We look forward to hearing from you well in advance of the scheduled March 21, 2006 City Council Meeting. Robert L. Young of LUCE, FORWARD, HAMILTON & SCRIPPS LLP Ends. ROADONE PROTEST ADDENDUM "QUESTIONS: RFP #GS0506-5" 1) Re: RFP Section IV Pricing Submittal (page 21) As stated within the RFP "Price" will have the greatest weight in determining the award of this contract. =wnr•'rma Ksm .va m:.. F?tm+-ti.., .. .:�.. ,.-, vrs ;. . .... -. r.-a .'ter.:..- +3-�,,:: ...�,,.. ,.....^.-� mr ,.eyae;•' This approach is likely to create several potential problems in order to avoid these issues and maintain a fair and effective process it is critical to establish the Rate Schedule. If the Rate Schedule is not set please address the following: For example which would receive higher ranking; a proposal with a $100.00 Tow and a $50.00 Referral Fee or a proposal with a $300.00 Tow and a $150.00 Referral Fee? Either bidder if not selected could argue the position their offer was better and was open to be adjusted the direction the City preferred. Will the City allow two or three different Rate structures be charged to the public for the same services. With each bidder submitting their own Rate Schedule there will not be "Standard" Rates and the amount charged to the public will vary depending on which contractor is called. Will the City attempt to standardize the Rate Schedule? If the submitted Rate Schedule is modified will there be a corresponding adjustment to the proposed Referral Fee? Setting the Tow Schedule addresses all the problems above, allows for an apple to apples comparison and will better result in an outcome that can withstand reasonable challenges to the City's actions. A standardized rate schedule will also be beneficial in accommodating any annual increases. 2) Re: RFP Section II General Requirements B Insurance and Bonds vi Performance Bond (page 12) The RFP requires a $500,000.00 performance bond which is not in line with industry standards. Given the history of this contract and the difficulty in collecting on such a bond the City may wish to eliminate this requirement. If not please consider and/or address the following: The annual cost of this bond could reach $20,000.00. Why would the City want this revenue going to a bond company when the contractor could include this in the Referral Fee portion of the cost of doing business? This bond will be difficult to qualify for and may be determined to be unreasonably restrictive and leave the process subject to challenge. elp Given the volume towing and the exposure to the City a bond requirement of $25,000.00 would be more in line. Will the City eliminate or reduce this requirement? 3) Re: RFP Section III Specific Provisions P Clearance of Liens (page 19) Currently the tow contractors do not have the means to check outstanding parking liens. This requirement will necessitate the development of a new process; does the City anticipate checking parking liens for the contractors? How will this impact after hour and weekend releases? Will a vehicle be held for parking liens from other cities? This entire process may be in violation of California Vehicle Code section 22651(i) as only qualified vehicles may be held. Please describe how a legal lien sale can be conducted as to include amounts for parking liens. Is it intended to include parking liens from other cities and jurisdictions? How will the contractor determine the amount of parking liens? This process appears to be precluded by California Civil Code and California Vehicle Code and therefore may be unlawful. California Vehicle Code specifically allows for such a process only as provided in section 22651 (i)5 which does not apply in this case. 4) Re: RFP Section I Background, Scope of Work and Objective B. Definitions 30- Day Impound Fee (page 2) The 30-Day Impound Fee is defined and appears to be a fee paid for by the contractor but is not further addressed as a required fee to be bid. Will the fee remain at 15% of the amount collected for storage on released vehicles? All bidders should be better informed that this is an additional cost of doing business which should be factored in their bids. 5) -Re: RFP Section I Background, Scope of Work and Objective K. Two Volume -Proposals 1.b. The Technical Proposal (page 5) And: RFP Section I Background, Scope of Work and Objective P. Technical Evaluation (page 7) The RFP refers to "Specific Provisions and Specifications" and later to "Specific Provisions and Technical Specifications". After reviewing the RFP a section for Specifications and/or Technical Specification can not be located. Is it intended the RFP section "Specific Provisions" satisfies all requirements listed above? �11 San.iilega\ Droste rI 4euterIti: Towing May 1, 2006 City of National City General Services Department Purchasing Division Attn: Brenda E. Hodges, C.P.M. 2100 Hoover Avenue National City, CA 91950-6530 Sent via Email Letter of Dispute RE: Bid #GS0506-5 Dear Ms. Hodges, Thank you for your time yesterday. Rancho Del Oro Towing (RDO) is respectfully protesting the City of National City's Memorandum and Recommendations concerning Bid No. GS0506-5. Our arguments and comments are outlined below: Memorandum RDO Paragraph 1: • Correction: In addition to RDO's current Law Enforcement Contracts in North and East County areas (Carlsbad PD, El Cajon PD, La Mesa PD, Encinitas Sheriff, San Marcos Sheriff, Vista Sheriff, CHP Oceanside, CHP El Cajon), we currently provide towing services to Law Enforcement in South County (CHP San Diego). 2. • Correction: RDO has experience in the collection and reconciliation of impound program fees for the El Cajon PD, Encinitas Sheriff, San Marcos Sheriff, and Vista Sheriff Offices. • Correction: The RFP states the "There shall be a minimum of one (1) vehicle storage yard within ten (10) miles of the boundary of the City of National City", it does not say that this distance is calculated from NCPD offices and it does not say that this distance is to be defined as "driving distance". With over 10 yearnexperience working with numerous City's and agencies, this distance is calculated based on the most direct route unless otherwise specified. Both of our facilities are within 10 miles based on the most direct route. (Attachment A). 1 5 is ID, Memorandum RDO Paragraph 2: • Clarification: The Otay storage facility is located 100 yards off the 905 freeway. There are multiple clearly displayed signs in white with dark red writing at the entrance of the facility. The largest of which is 8 feet wide X 4 feet high. • Correction: Storage/impound fees are posted at this facility as per the CHP Tow Service Agreement and the California Vehicle Code. This sign is posted directly to the right of the release window. • Correction: Due to our two -shift staffing, which has a complete shift change daily at 6:00am and 6:00pm; there are always drivers at the facility. There should not be a wait for a release unless these employees are unloading vehicles. Nonetheless the wait will not be lengthy. • Note: Upon approval, RDO will reassign qualified personnel, dedicated to the Otay facility offices. Memorandum RDO Paragraph 3: • Correction: There have been two tow trucks at this facility in order to service the area CHP calls. Due to the short implementation timeframe, RDO has prepared additional tow trucks and hired additional drivers in preparation for this contract. We have the employees and resources to begin working for the City of National City Police Department immediately. • Clarification: RDO's trained professionals will make an assessment whether one of our Ford F-450 wheel -lift tow trucks will be able to access the Police Department's secure parking structure. Should this prove to be impractical, we have two repossession recovery vehicles that will be able to remove vehicles from the parking structure. • Note: RDO is willing to pay our portion of the costs of a forklift provided by the contracted towing companies to assist with the removal of vehicles from the parking structure. Memorandum RDO Paragraph 4: n . • Correction: There is a 40 foot cargo container at the Otay site that can be used for secured storage. 12. 13. • Note: One of the selected contractors did not have a secured evidence hold area at the time of the inspection. Like RDO, this was going to be provided upon award of the contract whereby creating an inconsistency in the approval process. Memorandum RDO Paragraph 5: • Correction: The El Cajon facility is approximately 500 yards from the nearest freeway exit (Main St. off the 8 Freeway). There is also the El Cajon Trolley Station and Bus Station directly across the street from our impound facility, providing ample public transport options. 2 ra- 15. • Correction: There are two off-street parking spaces located at 1167 W. Palm Avenue. In addition to the available public parking lot adjacent to the Trolley Station, there is traditionally ample parking on the street. We have not had complaints regarding the availability of parking from our customers and the City of El Cajon Planning Department agrees that we have satisfied this requirement. Memorandum RDO Paragraph 8: • Correction: RDO has prepared additional tow trucks and personnel to begin service of this contract immediately. • Correction: RDO routinely meets and exceeds twenty minute response times for every Law Enforcement Agency we work with. We dedicate teams of drivers to service Law Enforcement tows exclusively, resulting in the best arrival times in the County. Below is a list of our average arrival times for Law Enforcement Agencies in 2005: ➢ CHP Oceanside (I-5, I-78, I-15) 1.7 minutes ➢ CHP El Cajon (I-8, I-67, I-125) 15 minutes ➢ CHP San Diego (1-905, I-805, I-5) 16 minutes ➢ Carlsbad Police Department* 13 minutes ➢ El Cajon Police Department 13 minutes ➢ Encinitas Sheriff 13 minutes ➢ La Mesa Police Department 15 minutes D. San Marcos Sheriff 12 minutes ➢ Vista Sheriff 12 minutes 11 . • Correction: Both of the facilities which fit the requirements of this RFP are located less than '/ miles from major freeways. The recommendation to not add another tow company to the existing rotation due to scheduling issues is easily solved by dividing the month into thirds. Each contractor will provide service the same 10 days each month, giving dispatchers a clear idea of who is "on". Since each month is an average of 30.43 days, the last company in the rotation will have a nominal advantage of less than six days per year. Finally, RDO's extensive experience providing complete and correct monthly reconciliations and quarterly reimbursements should not significantly impact the duties of City personnel. RDO willactually save the_ City of National City money by responding to tows in less than the required 20 minutes. This will allow the officers to leave the scene expeditiously with minimal downtime spent waiting for a tow truck. ' Carlsbad Police Department started this year. Times are from 1/1/2006 to present. 3 �3 Rancho Del Oro Towing have established ourselves as San Diego's Trusted Leader in Towing by providing excellent service to the Law Enforcement Agencies we are contracted with. The clarifications, corrections, and notes above outline our objections to the award and we are remiss as to why RDO was not selected as a towing contractor on RFP #GS0506-5. We thereby dispute the decision to award to only two contractors and submit this request to be the third company in the rotation for the period 4/1/06 — 3/31/09. Please don't hesitate to contact me directly should you have any questions. Sincerely, Simon Terry -Lloyd Vice President Enclosures CC: Sergeant Randy Bishop 4 FA- Attachment A Directions from National City to San Diego Facility i,- - nd - ,.%.. '..:'''. .,...r.i:,..::::.:. 444:21.'Mj:•#.f.:..,:':::' . . ...- ' C?111:a '... , ...'.. . ..... ' . . .......'.......::: t ."4-;;tri.?, 1''''ri.'°. 4:. r ....*t..*:.'ts::..1 . ::' ' ' ' . ' — '1'.-%:, .I:14iS ,...": • :'.).',..---''... : :: ' :„.':: ..' ' :::..... ........ •: .x.e- • r : '11,447.0kOlt'2 • 041'4'4 ...II .4g, 04 02005N/1V i-Et« . : 1:1Z- A2005 YagitiktIC 1 0 Miles 5 Directions: • 805 S • 905 E • Airway Road right • 9063 Airway Road First parking lot on the left. 12 miles driving. Directions from National City to El Cajon Facility 10 Miles IsrS Directions: • 94E • 125 N • 8E • Main Street Exit • Marshall 1st right • Palm ft right • 1167 W. Palm Ave Directly across the road from the El Cajon Trolley Station and parking lot. 11 miles driving ..... .. aw.-. ......-.ate.- < ..•^'.' 6 RODNEY L. SOLENBERGER, L.L.M. Law Offices 10965 Glencreek Circle San Diego, CA 92131-2626 Tel: (858) 578-1717 Fax: (858) 578-1717 Email: risoffice@sbcglobal.net TELEFAX TRANSMITTAL DATE: March 6, 2006 TO: BRENDA E. HODGES, C.P.M. PURCHASING AGENT CITY OF NATIONAL CITY FROM: RODNEY L. SOLENBERGER, ESQ. FAX NO: (619) 336-4597 RE: Protest of Intentto Award Contract Under RFP #GS0506-5 JAMS Reference #: 1240017322 Number of pages being faxed (including this cover sheet): 14 Remarks: I separately sent an e-mail with the attached letter and exhibits. I am not sure how legible the copy of the photograph included as Exhibit 2 will be. Additionally, a hard copy will be delivered this afternoon. Please contact me if you have any questions. This message is intended for the use of the individual or entity to whom it is addressed., and may contain formation that is privileged and -confidential. Ifyou are not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us -immediately by telephone and return the original message to us at the above address via the U.S. Postal Service. SHOULD ANY PROBLEM OCCUR IN TRANSMISSION, PLEASE CALL US AT THE ABOVE NUMBER 61 R©DNE.Y L_ SOLJ N.A RGER,_ LLM. Law Offices 10965 Glencreek Circle San Diego, CA 92131-2626 Tel: (858) 578-1717 Fax: (858) 578-1717 March 6, 2006 Ms. Brenda E. Hodges, C.P.M. Purchasing Agent City of National City Purchasing Division 2100 Hoover Avenue National City, CA 91950-6530 BY E-MAIL, FACSIMILE AND HAND DELIVERY RE: American Towing & Auto Dismantling, Inc. Protest of Intent to Award Contract under RFP #GS0506-5 Dear Ms. Hodges: Based on our telephone conversation on March 3, 2006, on behalf of American Towing and Auto Dismantling, Inc. ("American Towing") I submit the following protest regarding the proposed award by the City of National City ("City") of a new contract for towing services under the above -referenced RFP. RFP Selection Process Must Be Fair American Towing appreciates, recognizes, and acknowledges that the City reserved the right to waive any irregularities or informalities in the RFP process. However, such a reservation does not and cannot mean that the City may act arbitrarily, abuse its discretion, or fail to comply with procedures. Material changes to the selection process compel the conclusion that the process applied by the City was unfair to all bidders in general and American Towing in particular Material Changes In Selection Process Without Notice The focus of the selection process as set forth in the RFP and the process that was applied materially changed. Specifically, the RFP at pages 7 and 8 provides that for three criteria for the technical evaluation of the proposals for the procurement "in decreasing order of importance" as: (1) meeting the specific provisions and technical specifications, (2) assessing the proposer's experience and past performance, and 6a Hodges, C.P.M. March 6, 2006 Page 2 of 9 (3) reserving the right to conduct an inspection of the proposers' physical assets and financial capability. The last criterion did not appear to contemplate that a proposer would he disqualified for not presently meeting all requirements to perform the contract: Instead, the survey of physical assets and-fiidancial capability would be evaluated to determine the ability to perform the contract. This is similar to the submittals required upon a provisional award by the successful contractors. Finally, the RFP-appears to contemplate ranking "each qualified proposal on technical merit" and a ranking of the separate Price Proposal Volume submitted by each responding party. Upon making such rankings a recommendation would be made to the City Council. The letter dated February 17, 2006, from Purchasing Agent Brenda E. Hodges, C.P.M. (hereafter the "Recommendation Letter") reflects that site inspections became a significant if not primary factor, in the evaluation process. This is supported by review of the attachments to the Council Agenda Statement that American Towing obtained on March 2, 2006. Specifically, the Administrative Evaluation fom_Purrlorsing (Attachment A-1) consists of one page. The section heading "Tech Eval (pg.7)" contains no entries for the subcategories of proposers meeting the teehnieafspecifications and experience and past performance. In contrast the formerly least important criterion of an inspection is included as a separate attachment entitled "Site Evaluation from Police Dept" (Attachment B-1=B 16) consisting of sateen- pages. Significantly, the site inspection added "requirements" not addressed in the RFP or even the contract that a successful proposer would be required to enter with the City. The departures from the RFP requirements are addressed -in greater detail in the following section and remainder of this protest. Standing alone these departures require a reexamination of the evaluation process. However, in light of the bias demonstrated in conducting the site inspection, the basis for reexamination becomes compelling. Cumulatively, such actions result in a selection process that is fundamentally unfair. Response/Rebuttal•to Specific Areas of Police Dept. Site Evaluation (Attachment B1-B2, B9) • American Towing responds to the numerous errors, inaccuracies, and oversights contained in the Memorandum dated February 13, 2006 from Sergeant R. Bishop, Traffic Division to Dr. Adolfo Gonzales, Chief of Police ("Memorandum"). Specifically, American Towing responds to pages B I, B2 and B9 of that memorandumwhich,is attached to the Council Aggenda Statement. 1. Municipal Law Enforcement Experience A. Memorandum: "They have no experience with municipal law enforcement contracts (they have been awarded a contract to serve the Chula Vista Police Department beginning in March 2006)." Attachment B1, paragraph 4, second sentence. 63 Hodges, C.P.M. March 6, 2006 Page 3 of 9 B. RFP Provisions: The City requires established business experience, product performance, and references within the past five () years (use forms 24, 25 and 26). The references listed shall verify that the Proposer has provided services of a similar scope and nature to those outlined in this REP, andthatthey are able to provide information about the quality of Proposer's past performance. RFP, page 8, Section 1, paragraph P.2. C. Response/rebuttal: The RFP could not and did not require that a proposer have experience with "municipal law enforcement coirtracts." The RFP required only "services of a similar scope and nature" that could be verified by the listed references. Even ifduring the evaluation process it was determined that the references would be given little weight or would not be contaeti, American Towing's Technical Proposal specifically noted that services are provided under continuing governmental contracts with the California Highway Patrol (CHP"), the Department of Homeland Security; United States Border Patrol, United States Customs Service and the United States Drug Enforcement Administration, and the successor entities. While other companies' contracts with the CHP, San Diego Sheriff's Office, and the Immigration and Naturalization Service were deemed relevant, American Towing's significant experience in towing, searching, and impounding vehicles for governmental entities was ignored. 2. Procedures to Reconcile Billing for 30-DayHolds A. Memorandum: "They have no procedures in place to reconcile billing for 30-day holds." Attachment B1, paragraph 4, third sentence. B. RFP Provisions: The National City Police Department Traffic Division Sergeant shall provide to each Contractor information which establishes standardized reporting procedures relative to vehicle storage, release, billing, applicable fees and other related matters that Contractors shall adhere to, in performing towing and storage services for the City RFP, page 16, Section III, paragraph G. 641 Hodges, C.P.M. March 6, 2006 Page 4 of 9 C. Response/rebuttal: American Towing is surprised that this became an -evaluative criterion. As noted above,, the RFP does not provide that procedures be in place in order to be recommended the contract award, but ratherthat-irifo.ivation would be provided. It is nonsensical to develop procedures before receipt of information regarding the City's standardized reporting procedures. More importantly, this evaluation overlooks that American Towing does have such experience with respect to services provided to CHP, and the capabilities of American Towing's proprietary software system,. TRAX. American 'Towing's Technical Proposal Response expressly stated: In it presentform thisapplication permits searches based on time of request for service, time of tow truck dispatch, time of tow truck arrival on the scene, nature of service provided, location of Service area, vehicle information, vehicle storage location, itemization of fees for towing and storage, disposition of vehicle, and all information required to be maintained in connection with notice of and disposition at a lien sale. The application can be modified to include additional categories of information that is deemed necessary. For unexplained reasons, these data capabilities were ignored_ 3. Sub -garage Tow Vehicles A. Memorandum: "no "sub -garage" tow vehicle capable of accessing the Police Department's secured parking facility (extremely. important)" Attachment B1, fifth paragraph. .:B. RFP Provisions: The Contractor shall provide equipment capable of providing the following services: 1. Towing of large oversized vehicles; 2. Towing from off road areas; 3. Towing in underground garages; 4. Wheel lift towing; and 5. Rollback towing. 65 Hodges, C.P.M. March 6, 2006 Page 5 of 9 RFP at page 15, Section III, paragraph D. C. Response/rebuttal: The "extremely important" requirement of a sub -garage tow vehicle was transformed from a future requirement of the contact act as evidenced by the use of the language "shall provide" in the RFP to a requirement that such equipment be currently owned by a responding company at the risk that not owing such equipment would result in the determination that the proposer "does not adequately meet the requirements of the RFP" as set forth in the Memorandum. American Towing was aware and had notice of the requirement of the need to provide towing in underground garages. American Towing's vehicles are capable of providing towing services in underground garages depending on the garage's clearance height. For example, American Towing has provided towing services within the Federal Building in downtown San Diego. Significantly, the relevant RFP provision made- no mention of the -need for equipment capable of accessing the Police Department's secured parking facility. Had the RFP contained such a requirement American Towing would have directly addressed the issue. However, the only possible notice of this "extremely important" rpquirement was the "Formal Agreement" that was attached as Exhibit"C" to_the A endum #3, issued approximately six weeks after the initial RFP. 4. Secured Evidence Storage A. Memorandum: "there is no secured area of the storage lot where evidence vehicles could be held (while potentially expensive, this could be done fairly easily and quickly). Attachment B1, fifth paragraph. B. RFP Provisions: The RFP contains no precise requirement for an existing secured evidence facility. American Towing anticipated and became aware that ifacontract was awardectsuch & facility would be required based upon Exhibit "C" to the Addendum #3, issued approximately six weeks after the initial RFP. C. Response/rebuttal: As is the case with the Sub -garage Tow Vehicles discussed above; a requirement ofthe-future contract upon award was transformed to a RFP evaluation requirement. The site inspector appears to concede that American Towing can meet the contract requirements. Indeed, American Towing has provided precisely such facilities under past contracts, when such services were required. However, since current business needs do not require such facilities, American Towing has not incurred the continued expense of maintaining the appropriate facilities. Hodges, C.P.M. March 6, 2006 Page 7 of 9 C. Response/rebuttal: Asnoted above, it is patently unfair to add criteria not described in and required by the RFP, and to additionally, give significant weight to such criteria. Moreover, such criteria are not even required by the contract that the -City requires- the successful proper to enter. There was no notice that by requiring the Contractor to "provide service to the public," the City's intent was that office staff be at the premises on a twenty-four hour, seven day a -week basis. If the City sought to dictate such terms of service, it could have. The City did not, likely because an attempt to dictate such terms involving the performance of the scope of work to be performed would jeopardize the independent contractor relationship the City seeks to establish. American Towing provides a more detailed_response to the evaluation in the followingQaragraphs. Communications with Drivers — The RFP contemplates and the contractrequires the Contactor to have a dispatch center or system. The Technical Proposal expressly noted thatAmerican Towing_installs in each service vehicle radios that enable communications with American Towing's office and dispatching operation, and also issues drivers alphamtmeric pagers to further aid timely communication. The two-way radio dispatch system between drivers and American Towing's office -and dispatching operation is a system recommended to American Towing by principals of Road One Towing, and American Towing understands that Road One Towing uses the- same answeringservice. American Towing has chosen to utilize an answering service for after-hours calls. Approximately 90% of this answering service's clients have contracts with law enforcement agencies. It is also important to note that most of the prospective tow contractors identified as staffing their own dispatch center provide services to the City of San Diego Police Department-("SDPD") pursuant to a contractual requirement to provide a dispatch center. Since the SDPD contract is currently the subject of a pending RFP process which contemplates establishing a new dispatch center operated by the companies under a new contract, a question exists regarding the continued availability of the existing dispatch center. After Hours_ContactwithCompany Personnel —The Memorandum misrepresents the substance of the conversation with the answering service. Simply, as demonstrated by the twenty-six (26) second recording and a transcript of all incoming calls for the relevant date, the call made at 7:55 a.m. on February 9, made no request to be placed in contact with American Towing personnel A true and correct transcript of the telephone conversation is attached as Exhibit "1" to this protest. Limited Staff Availability After Hours — Given business realities, neither American Towing nor any similar towing and impound operating company y could or should be expected to dedicate staff for after hours inquiries which is not Hodges, C.P.M. March 6, 2006 Page 8 of 9 required by a contract with indeterminate towing and impound requirements, and is further shared with another company or companies on a rotational basis. The reality is that any company will have or add to the available staff necessary to perform services under and administer the contract while providing services to other entities. American Towing has procedures in place to respond tel after hours releases of vehicles and the towing services requirements of the City. At best, the addition of an evaluation criterion requiring direct staff availability becomes a means to provide unfair competitive advantages to those companies able to absorb such costs by larger scope of operations without any corresponding direct benefit being received by the City. Business Hours — American Towing currently maintains office hours front 8:00 a.m. to 5:00 p.m., which is the same as some of the other proposers. American Towing does not check in with the answering service or take phone calls until 8:30 a.m. in order to meet its recordkeeping and reporting requirements and those of its contracting entities. The Memorandum's conclusion that the business hours are from 8:30 a.m. to 5:00 p.m. is incorrect. American Towing believes the conclusion was based on an assumption made as a result of the telephone contact with the answering service on February 9, described above. 6. Fee Schedule Posted in Office A. Memorandum: "limited fees posted, fees not specific bracketed" Attachment B9, entry for Fee schedule posted in office. B. RFP Provisions: The Contractor shall display in plain view at all cashier stations a sign as described in Section of (sic) 3070 of the Civil Code disclosing all current fees and charges in force for towing and storage services. RFP, page 17, paragraph I. D. Response/rebuttal: American Towing is at a loss as to how to respond to the Memorandum comment. The current fees and charges in force for towing and storage services are and have been displayed as required by Civil Code Oection 3070. Attached to this letter as Exhibit "2" is a copy of a photograph taken March 3, 2006 of the posted fees and charges. This is the same posting that has been in continuously in effect. Hodges, C.P.M. March 6, 2006 Page 9 of 9 American Towing regrets the necessity for protesting the contemplated award of the towing services contract. However, in fairness to all companies interested in providing the services, and more importantly, to assure that the needs of the City are met, such a protest has become necessary. We look forward to receiving a response to our concerns. RLS Enclosure cc: Rudy Mercado Sincerely yours, L. Solenberge E-mail: rlsoffice®asbcglobal.net EXHBIT "1" (10 -, TRANSCRIPT OF TELEPHONE CONVERSATION ON FEBRUARY 9, 2006 COMMENCING 7:55AM (26 SECONDS) ANSWERING SERVICE: THANK YOU FOR CALLING AMERICAN TOWING. HOW CAN I HELP YOU? SERGEANT R. BISHOP: AH, HI THERE, RANDY BISHOP FROM NATIONAL CITY POLICE DEPARTMENT. YOU GUYS RECENTLY, AHH, BID ON A CONTRACT THAT, AHHH, THAT WE HAVE OPEN. ANSWERING SERVICE: OK, THIS OFFICE IS NOT OPEN YET. THEY CHECK IN AT 8:30, SIR SERGEANT R. BISHOP: OK, OK, AND WHO YOU ARE? ANSWERING SERVICE: I'M RAVEN. SERGEANT R. BISHOP: AND YOU'RE WITH THE COMPANY? ANSWERING SERVICE: I'M WITH AFTER HOURS DISPATCH. WE'RE THEIR AFTER HOURS SERVICE. SERGEANT R. BISHOP: OK, SO YOU ARE JUST A ANSWERING SERVICE? ANSWERING SERVICE: THAT IS CORRECT. SERGEANT R. BISHOP: AND YOU DON'T ACTUALLY WORK FOR THE COMPANY? ANSWERING SERVICE: NO, I DO NOT. SERGEANT R. BISHOP: OK. APPRECIATE IT. THANK YOU. ANSWERING SERVICE: THANK YOU. i f i. C 7 p a 1 T 'al • 11 '• •tom' ! ; TlE1 1. •ST ' TT( F1I111 r. I•. ;I, 1 . • • I 1 • 1 IiIII II�lll 1I LE' I i City of National City General Services Department Purchasing Division 2100 Hoover Ave., National City, CA 91950-6530 Ph: (619) 336-4570 Fax: (619) 336-4597 March 14, 2006 To: Mayor & Councilmembers Fr: Adolfo Gonzales, Police Chief 114 Brenda E. Hodges, Purchasing Agent Re: Tow Contract Protest Response On November 8, 2005, the City of National City issued a Request for Proposal (RFP) for Towing Services for the National City Police Department, and received proposals from eight tow companies. The Purchasing Department conducted the administrative review of the proposals and the Police Department conducted site visits of all vendors who submitted proposals. After careful consideration, two companies were recommended for award of the contract: Moynahan's Towing and J.C. Towing. Three of the companies that were not recommended have since fined protests regarding those recommendations. The purpose of this memorandum is to respond to the concerns outlined in the protests submitted by Road One Towing, Rancho Del Oro Towing and American Towing. Road One The protest submitted by Attorney Robert L. Young on behalf of Road One Towing, is outlined in an "RFP Protest Addendum" attached to their formal notice of protest dated 3/1/06, and in a separate memo title `Supplemental Information' submitted 3/9/06. They claim that the RFP process was not followed to the letter by the companies recommended for award; that the City was in violation for accepting the other proposals (paragraphs 1 through 7 of the protest addendum); and that the site evaluation process was biased (paragraph 8, sections a through h of the protest addendum). The Police Department reviewed the issues raised regarding the site inspections and has responded to those concerns related to the site visit. The City Purchasing Agent has responded to issues concerning the RFP review process. The responses reflect the paragraph numbers (#1-8) from their protest letter, and (#9-16) from their Supplemental Information memo. Item #1. Money lost to the City: (response submitted by Purchasing Agent) Vendors were not asked to submit Referral Fees. Referral Fees were already fixed at $5565/quarter, if two Tow Contractors were selected. (Reference: Exhibit 'A' of Addendum #4; page 17 #K of the RFP packet, and page 26 #7.5 of the Contract issued with Addendum #3). Per Addendum #3, `Clarifications Resulting from Questions Submitted by Vendor #2' (Road One), the contractor may submit pricing for any fee 'not already identified as set' within this RFP. The referral fee is stated as a minimum 14' ® Recycled Paper because it is calculated by the average number of referral tows. Even if the actual number of referral tows were less than average, the payment would not be less than $5565/quarter. Vendors were requested to submit pricing as outlined on the Towing Fee Schedule only (Page 22 of the RFP). Road One Towing is the only vendor who proposed a separate rate for the Referral Fee. If the City wished to consider the Referral Fee rate proposal from Road One, we could suffer protests from the other vendors who were not given the same opportunity to propose rates for this fee. Item #2. Road One's Rates Were Lower, Proposals Were Improperly Changed After Bid. (response submitted by Purchasing Agent). Clarification should be made that this is a proposal process, not a bid process, and the Attorney's use of the word 'bid' in the title of this item is incorrect. To address the concern, the RFP clearly stated that the City would negotiate final rates with the selected vendors. Not all vendors proposed the same rates for the same service. In order to provide consistent service rates to the public, negotiation is necessary to establish one set of rates, regardless of the tow company called on a particular day. Reference: Addendum 3, Clarifications resulting from questions submitted by Vendor #2 (RoadOne) `Pricing Submittal'; and Page 21, Section IV of the RFP. Rates were considered in the evaluation phase of the selection process. Most of the proposed rates submitted by the bidders seemed reasonable. Therefore all vendors were considered relatively equal when it came to rates, and no one was disqualified based on rates. Per page 10, section 'V' of the RFP, `Award will be made to the responsible Contractor or Contractors whose proposal(s) is (are) determined to provide best overall value to the City, considering the evaluation factors in this RFP, including price', and 'the more closely proposals are ranked in price, the more important technical merit will become'. Item #3. JC Towing Equipment Unavailable to the City. (response submitted by Police Dept.) JC has twenty-two new vehicles in their fleet. Eighteen will be dedicated to "Freeway Service Patrol" eight hours a day during daylight hours Monday through Friday. During the weekdays, JC will still have a minimum of sixteen tow vehicles available to fulfill their other towing obligations. At all other times, JC's full compliment of tow vehicles will be available to conduct police tows. JC has stated that they have already formulated a plan to stage three trucks at locations throughout the City during their designated towing periods to ensure promptness when called to conduct Police Department tows. This information was obtained from JC Towing. Item #4. JC Towing Failed to Comply with the RFP Concerning CHP Documentation. (response submitted by Purchasing Agent). The CHP conducts inspections on an annual basis, and although Road One is correct that JC Towing received their trucks in July 2005, the trucks were not put into service until after the annual inspection date. The annual inspection date is approaching for 2006, and inspections are currently being scheduled in phases, two trucks at a time. The RFP (page 15 #D), states that tow trucks that are not certified by the CHP, must pass an inspection by the National City Police Department Traffic Unit, and that proof of certification will be submitted with the proposal. During the site evaluation phase, the Sergeant of the Police Department's Traffic Division confirmed that JC Towing had the required number and type of trucks, inspected the trucks, and saw nothing to indicate that they would not meet the eventual GIP certification pro ess. Since these are new trucks, he had no reason to believe that they would not pa s. This was taken into consideration as part of the evaluation process. Item #5. Moynahan's Proposal Comple ely Non -Responsive to the RFP. (response submitted by Purchasing Agent). -The RFP (pg 5, #K1b) required that yen. ors address each paragraph in the Specific Provisions and Specifications section. ' oad One correctly quotes the RFP that "Simple `Yes', 'No' or `Comply' responses are i sufficient". However, the proposal from Moynahan Towing did in fact address e ch individual item, with more than `yes' or 'no' answers. Although Moynahan's propos:I was not as detailed as other proposals received, the City has personal knowledge of thei qualifications, since they have been held the City's contract for many years. Their itten responses to the individual issues were deemed sufficient when combined with he City's personal knowledge and experience with this vendor. According to the Stan ' and Terms and Conditions of the RFP (pg 3 #10), the City reserves the right to acce. or reject any item, or waive any informality in the process. Overly detailed technical i formation from a contractor who is currently (and successfully) providing the service .utlined in the RFP, is deemed unnecessary, and therefore waived as an informality. Per onal knowledge in this case is equally as valuable as anything they could have su miffed in writing. Item #6. Moynahan'sProposal Contain Overcharges and Omits Required Fees. (response submitted by Purchasing Age t) The change to the maximum storage rat: per day was negotiated with both recommended vendors during the final phase of the pro ess. As stated in Item #2 above, the RFP clearly stated that the City would negotito final rates with the selected vendors. Not all -vendors proposed the same rates for the ame service. In order to provide consistent service rates to the public, negotiation is necessary to establish one set of rates, regardless :of the tow company called on a particula day. (Reference: Addendum 3, Clarifications resultingfrom questions submitted by V ndor #2 (RoadOne) `Pricing Submittal'; and Page 21, Section IV of the RFP). Since he maximum rates were admittedly outdated ,,(ref Addendum 3, Clarifications resultin_ from questions submitted by Vendor #2 {RoadOne) `Pricing Submittal'), the deci.ion was made by the Evaluation Committee, during the negotiation phase, that an incr-ase of this fee from $20/day to $35/day was appropriate to better reflect industry Stanard. item #7. Neither JC Towing nor Moyna an's are in Compliance with California Lien Sale Law. ,(response submitted by-Polic= Dept.) `Moynahan'•s and JC indicate that they do comply with the state law. However, both companies state that they have not secur:d "excess monies received from the lien sale of a vehicle" at any time in the recent past. Neither company could recall the last time that a vehicle was lien sold for more than the c arges being liened against it at the time of sale. The Police Department contacted investi ators at the Department of Motor Vehicles and learned that while the practice of retainin_ excess fees from lien sales is prevalent in the tow industry, they (the DMV investigato s) are not aware of any instances where either 3 JC or Moynahan's has been the subject of this type of accusation. DMV is not currently investigating any complaints of this nature against either of these companies. The fact that fees are not paid to DMV does not mean that the tow concern is in violation of law. It could be that the company has not secured excess funds during the lien sale process, as is stated by JC and Moynahan's. Item #8. There is Bias Apparent in the Evaluation by the Traffic Supervisor. Each subsection of item #8 is addressed below. (response submitted by Police Department). a. Number of tow vehicles attributed to Moynahan's Towing: The evaluation report indicated that Moynahan's owns "over ten trucks." However, a follow- up inquiry reveals that Moynahan's owns exactly ten trucks. Moynahan's indicates that there are usually between six and eight vehicles available at any one time. This number includes the six listed by Road One in their protest along with several other older low profile "sub -garage" vehicles. The estimate of "over ten vehicles" was made as a result of informal conversation during the site visit. No intention was made to exaggerate Moynahan's towing capabilities. Moynahan's meets the RFP requirement for the number of operational vehicles to apply for this contract. b. The size of Moynahan's lot: The evaluation report lists the size of Moynahan's storage lot as "extremely large." Road One's lot is significantly larger. However, it is likewise more crowded with stored vehicles. At the time of the site visit, Moynahan's lot was very clean, very well organized and stored vehicles seemed to be at a minimum. No inference was made that Road One's lot is not large enough to accommodate the needs of the Police Department. c. The location of the J.C. Towing yard: Road One complains that the evaluation listed the yard as, "easy to find." The simple fact is that the J.C. lot is easy to find. No inference was made that Road One's lot is difficult to locate. d. Secure evidence storage at J.C. Towing: J.C. meets or exceeds the Police Department's need for secure storage. They have cargo containers available for short and long-term secure vehicle and evidence storage. They also have tent like facilities available for short-term storage and inspection. J.C. has indicated that the tent/canopies will be secured with chain link fencing prior to conducting tows for the Police Department. No inference was made that Road One was lacking in this area. e. Surface of Moynahan's storage lot: Moynahan's has made many recent improvements to their facility, including upgrades to their lot. Moynahan's crushed rock appears to be of a larger composition and it appeared to be more evenly distributed at the time of the site visit. The fact is that Moynahan's lot was significantly cleaner and more free of dust than that of Road One's. f. "False" characterization of phone inquiry from Road One supervisor: The result of this conversation was that there was a lack of communication and understanding to some extent on both levels in this one instance. After this issue was resolved, the Road One supervisor requested meetings to discuss how Road One could provide better on -time performance and to improve their perception among the officers on the Police Department. This request was not granted due to the involvement of the Traffic Division in the RFP process. g. Traffic Division contact with Road One regarding performance: (response submitted by Police Dept.) During the past several years, a Police Department Traffic Division officer spoke with Road One no fewer than eight times regarding routine tardiness during tow requests. The officer reported these informal conversations to the Traffic Division supervisor after each occurrence and/or beforehand if practical. The officer made several recommendations to Road One to improve their response times. After these conversations, performance would improve for a time and then return to the practice of responding slowly. An informal survey was conducted among officers and civilian staff that routinely conduct police impounds. The results of the survey showed that others shared in the officer's experiences. After .notification was made regarding the Police Department's recommendations regarding the tow contract, Abandoned Vehicle Abatement officers complained that on several occasions, Road One simply stopped showing up forimpounds. The pfficers would leave all of the impound paperwork on the abandoned vehicle and continue with their duties. Checks at the end of the day showed that the cars had been removed at some time during the officer's shift. "Boasting" of other tow companies community involvement The notations in the evaluation report are statements that were presented to the site inspector without solicitation by the owners of these tow companies. The owners/operators of Moynahan's and J.C. responded to their respective lots upon being notified of the impending site visit. They both took the opportunity to discuss their operations in more detail than what the site inspection detailed. Road One is correct in their statement that this was not called for in the site inspection. However, it was not used as part of the "evaluation criteria" as suggested in the protest addendum. Item #9. Best Overall Value to the City. (response submitted by Purchasing Agent). 'Best overall value' refers to all aspects of the contract, including price. Components of value may contain but not be limited to: past experience with a vendor, location of tow yard, size and type of fleet, security systems, fencing, signage, communications systems, and all of the other technical specifications outlined in the RFP. Item #10. Price will have greater weight than technical merit. (response submitted by Purchasing Agent). The protest letter states that price was not evaluated or weighted. 11 Per page 10, section 'V' of the RFP, 'the more closely proposals are ranked in price, the more important technical merit will become.' With the exception of one vendor's proposal, whose prices were drastically lower than all the others, the rest of the proposals offered pricing that was consistent and within a reasonable range. The differences were not considered big enough to have an impact on the selection process. In order to provide consistent service rates to the public, negotiation was necessary to establish one set of rates, regardless of the tow company called on a particular day. (Reference: Addendum 3, Clarifications resulting from questions submitted by Vendor #2 (RoadOne) `Pricing Submittal'; and Page 21, Section IV of the RFP). The proposed rates were all close enough, that the negotiation of final rates was very easy. The protest letter states that the recommended vendors were selected based on site evaluations only. The City followed the process outlined on page 7 #P of the RFP, which states that the technical evaluation of the proposals would be conducted as follows, in decreasing order of importance: 1)meeting the proposed Specific Provisions and Technical Specifications, 2) Proposer's experience and Past Performance, 3) Inspection. The site evaluations were one part of the Specific Provisions, and necessary to evaluate the vendors' compliance with the Specific Provisions, further outlined on Pg 13 of the RFP. The technical evaluation included past performance (RFP pg 8, #P2), which in the case of this vendor is inadequate (see #8g above). Each individual aspect of the Specific Provisions; Technical Specifications; Experience and Past Performance; and Inspection were conducted in the technical evaluation portion of the process. Page 10, #V of the RFP also states that "The City is under no obligation to make award based solely on price". Item #11. Evaluation of Price proposals. (response submitted by Purchasing Agent). The Police Department was responsible for the Technical Evaluations. The Purchasing Department was responsible for the Administrative Evaluation. The Purchasing Agent does not remember being asked about the storage rates specifically, but the issue of price evaluation has already addressed in Item #10 above. Item #12. Referral Fee and Best Interest of the City. (response submitted by the Purchasing Agent). Already addressed in Item #1 above. Item #13. Review of Technical Proposal. (response submitted by Purchasing Agent). This issue has already been addressed in Item #5 above. Page 7 #0 of the RFP, states that the "Purchasing Agent shall determine which Proposers have met the requirements of the RFP". It also states that "The Purchasing Agent shall have the sole authority to determine whether any deviation from the requirements of this RFP is substantial in nature. The Purchasing Agent may waive or permit to be cured minor irregularities or minor informalities in proposals that are immaterial or inconsequential in nature, whenever it is determined to be in the City's best interest." The City has personal knowledge of Moynahan Towing's lot sizes, and has determined that they are adequate, and meet the requirements of this RFP. Item #14. Towing Contract Administrative Evaluations Score Sheet. (response submitted by Purchasing Agent). Road One claims that two items on the Administrative Evaluation sheet, were not scored. The Purchasing Agent listed the sections titled "Do They Meet Technical Specifications' and 'Experience/Past Performance' on the Administrative Evaluation sheet as a reminder to the Technical Evaluation committee to address these items. Both of which were fully covered in their portion of the evaluation. Road One claims that Moynahan Towing did not submit signed copies of all 4 addendums, which is not true. All 4 addenda were signed and received. IC Towing did not submit CHP forms with their proposal, and this was already explained in Item #4 above. Item #15. Site Inspections Not Performed in Consistent Manner. (response submitted by Police Dept.) The Police Department maintains that the site inspections were conducted fairly and in a consistent manner. Item #8 addresses this issue in detail. Item #16. Biased and Erroneous Evaluations. (response submitted by Police Dept.) The Police Department concedes that there may be some minor errors of omission in their recommendation document. However, none of these omissions were intentional. Furthermore, none of the corrections or additions brought forward in this protest has caused the Police Department to reconsider their initial recommendation. In summary, the Police Department conducted a thorough review of the issues brought forward by Road One and there is no evidence to support amending our recommendations. Rancho Del Oro Rancho Del Oro Towing's protest letter argues that there are factual errors in the report detailing the site inspections. The responses to their arguments are as follows (the protest letter lists each argument with an unnumbered bullet point. The response to each point will be in the same order as presented in the protest letter. All responses are submitted by -the Police Department. Point 1: The evaluation report indicates that while Rancho Del Oro has many law enforcement contracts, they primarily service the north and east regions of San Diego County. Ranch Del Oro wishes to ensure that we are aware that they currently conduct impounds for the California Highway Patrol in the South County. Point 2: The evaluation report states that Rancho Del Oro has minimal experience collecting 30-day impound fees. Office staff at the Otay Mesa facility relayed this information to the site inspector at the time of the visit. However, Rancho Del Oro wishes to ensure that we are aware that they have collected these fees and posted reconciliations with several law enforcement agencies in the north county. Point 3: The method used for determining distance to all of the tow yards from the National City Police facility was done to show relationships rather than to exclude any tow concern from consideration. Additionally, many of those who will claim vehicles at the tow yards will be coming directly from the Police Department. It was assumed that both Rancho Del Oro lots are within the specified ten miles (straight line distance) of the nearest city limit boundary. There was no intent to misrepresent the location of either lot. Point 4: The Rancho Del Oro Otay Mesa storage lot is roughly 100 yards off of the I-905 freeway and there is a large sign on a fence in front of the facility. However, there was a large billboard blocking view to the sign upon approach. The numbering system for the addresses in the area was extremely confusing: the addresses do not run sequentially. The site inspection team drove by the facility three times before locating it. Point 5: The only fee posted at the time of inspection was the daily storage rate for a CHP impound/storage. The business office and adjacent police tow yard office were checked for this posting. No other fee posting was found. Point 6: Company representatives informed the site inspection team that tow drivers would have to be dispatched to the Otay Mesa lot to provide for a release after hours. According to Rancho Del Oro, there is a driver on site around the clock and any wait for service would not be lengthy. Point 7: Rancho Del Oro states in their protest letter, that upon award of a contract, they would assign personnel "dedicated to the Otay facility offices." Point 8: The evaluation report indicates that there are routinely two trucks assigned to the Otay Mesa facility after hours. Per the protest letter, if awarded a contract, Rancho Del Oro would increase the number of trucks assigned to the facility to accommodate the needs of the Department. Point 9: The evaluation report indicates that Rancho Del Oro's "sub -garage vehicle," a truck equipped with dollies would not be able to access the underground parking facility at the Police Department. Rancho Del Oro counters that they have "trained professionals" on hand to make a case -by -case determination if the truck/dolly combination would be appropriate. In the event that it would not accommodate the tow, a separate vehicle would need to be called. This would obviously necessitate a significant wait. The RFP calls for the tow concern to respond within twenty minutes not only to the location, but also, with the proper equipment to conduct and complete the tow. Point 10: Rancho Del Oro expresses a willingness to share the cost associated with placing a forklift in the underground Police parking facility to assist with the removal of vehicles from the parking structure. This was not used as an evaluation criterion for the purposes of the site inspections. Point 11: The site evaluation report indicates that the Otay Mesa facility does not have a secure area for evidentiary impounds. Rancho Del Oro counters that they do have a forty -foot cargo container that can be used for storage of evidentiary seized vehicles. Point 12: The protest letter does not specify which tow company Rancho Del Oro is referring to in their claim that a different company was given a satisfactory rating 8 regarding secure storage areas. Both of the recommended tow companies have secured facilities and one, J.C., has agreed to improve their secured facilities. The evaluation report did fairly state that while Rancho Del Oro did not have a secured storage area or a paved inspection area that they would, if awarded the contract, install these facilities "quickly if necessary." Point 13: Trolley parking lots are reserved for those using mass transit and are not intended to be used for short-term parking for local businesses. Therefore, the trolley parking lot was not considered for client parking in the evaluation of the El Cajon facility. Directions to the facility were obtained from an Internet mapping service. Perhaps there is a simpler route to the facility than the one taken by the site inspection team. However, it may be assumed that others seeking directions would obtain the same as the site inspection team. Point 14: Rancho Del Oro claims to have two off-street parking spaces at the office and that the trolley station near -by offers ample parking for the El Cajon facility. Again, the trolley station parking lot was not considered as an option. And, during normal business hours, the site inspection team found it necessary to park two blocks away from the facility. Perhaps on other days and at other times, there is ample on -street parking in the area. Point 15: Rancho Del Oro reiterates that they will add; additional tow trucks and personnel to adequately respond to the needs of the Department if awarded the contract. Any contractor would be expected to do the same. However, the initial report was completed with the information that was available at the time, most of which was obtained by the prospective contractors. Point 16: The concern that Rancho Del Oro may not be able to provide consistent twenty minute responses was formulated using the information provided by the on site personnel that the evaluation team spoke with. This wasdocumented well in the initial report. Rancho Del Oro has provided documentation that they meet or exceed a twenty -minute response time with every law enforcement agency that they currently contract with. Point 17: Rancho Del Oro points out that both of their storage facilities are within one quarter of a mile from a major freeway. There is no challenge to this statement. Point 18: Rancho Del Oro states that if a third tow contractor is added to the contract, one of the tow concerns would obtain a "nominal advantage of not less that six days per year" and would not have any negative impact on the administration of the contract. However, it has been the experience of the Police Department that the tow contractors are extremely competitive. The contractors monitor our radio frequencies and complaints are received if the wrong tow company is mistakenly called on any one tow. The Police Department does not recommend giving one tow contractor a six -day "advantage" during any particular time frame. 9 After reviewing and responding to the issues raised by Rancho Del Oro's protest, the Police Department does not feel that there is any justification to warrant any changes to the initial site evaluation report or award recommendations. American Towing American Towing's protest letter argues that the RFP selection process was unfair, that there were "material changes in the selection process without notice" and that there were errors/ oversights in the site evaluation process. The Police Department will address the site evaluation and the concerns brought forward by American Towing regarding this process. American's concerns are numbered 1 through 6 in the protest letter. This report will address the concerns as numbered in the protest document. All responses are submitted by the Police Department. 1. Municipal law enforcement experience: American currently conducts tows for several federal agencies. They conduct towing operations for the California Highway Patrol (CHP) and will begin conducting police impounds for the Chula Vista Police Department (CVPD) in the near future. The CHP contract was not mentioned during the site inspection. Regardless, American's experience offering "services of a similar scope and nature" are minimal at best. The federal contracts may be of a similar nature but are different in scope. 2. Procedures to reconcile billing for 30-day holds: Due to their minimal experience in conducting municipal law enforcement impounds, and the fact that neither the CHP nor CVPD has contractors collect/reimburse 30-day impound fees, American does not have a procedure in place to handle this activity. This is simply a statement of fact. It did not, in itself, disqualify American from consideration for this contract as they state in their protest. 3. Sub -garage tow vehicles: The Police Department maintains that the intent of the RFP provision requiring contractors to be able to tow "in underground garages" refers primarily to underground Police Department parking/storage facility. During the site inspection, staff from American Towing indicated that they currently had no tow vehicles that could access this facility due to the limited clearance. 4. Secured evidence storage: American affirms that they have no secured evidence storage facilities on their premises. They state that they will install this facility if awarded the contract. 5. 24-hour phone contact with staff: The Police Department maintains that the inability to speak directly with contractor representatives has the potential to be problematic. American staff agreed with this assessment during the site inspection and indicated that as they are growing, they are considering staffing their own dispatch center and hope to do so in the not too distant future. The Police Department has a larg summoned from home to pro staff provided this informatio that this was their protocol b drivers to conduct the monet Fee schedule posted in office: American Towing brackets t inconsistent with the other to exact fees broken down by th fees for private tows posted a could have the potential to cr fees are passed on to custome In summary, the Police Department has raised by American Towing and finds no site evaluation or award recommendatio disqualified American Towing from con circumstances leads the Police Departme to fulfill the needs of the City. Conclusion The Police Department recommends that be limited to two. Eight tow concerns su that six of the companies involved woul -process. The Police Department is confi made in complete fairness to all involved recommendations are made in thebest in National City and its residents. Other th to their protests, no negative inference or Rancho Del Oro or American Towing. recommended are better suited to fill the this time. The Purchasing Agent is confident that t conducted fairly, and without bias. The submitted proposals, site evaluations, pri review of the original proposals, and the process, the recommendations for award City's best interest. r concern that office staff would have to be ide for after hours vehicle releases. American during the site inspection. American indicated ause they did not "trust" their after-hours ry transaction associated with the release. The fee schedule posted in the office of e majority of the posted fees. This was concerns. The majority of sites inspected had impounding law enforcement agency and the cordingly. The method used by American ate confusion regarding their fees and how the s. onducted a thorough review of the concerns justification to warrant any changes to the initial . Alone, none of the items listed above, ideration of award. However, the totality of the t to believe that other vendors are better suited the number of contractors awarded this contract mitted proposals for consideration. This means be eliminated during the recommendation ent the evaluations and recommendations were parties. The Police Department erest of the Police Department, the City of n mentioned in the initial report or this response derogatory statement is made toward Road One, ased on the evaluation process, the companies eeds of the National City Police Department at e bid solicitation and evaluation processes were commendation was made based on the e evaluation and past experience. After final esearch conducted as a result of the protest emain unchanged, and are being made in the