HomeMy WebLinkAbout2006 CON Moynahan - Towing 2006 - 2009AGREEMENT BY AND BETWEEN
CITY OF NATIONAL CITY
AND
MOYNAHAN TOWING
FOR
TOWING AND IMPOUND SERVICES
FOR THE PERIOD OF
APRIL 1, 2006 TO MARCH 31, 2009
Title & Section
"Towing Agreement"
Recitals
TABLE OF
CONTENTS
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
1.6 Response Time
1.7 Contract Year
1.8 Fee Schedule
1.9 Referral Fee
1.10 Negligent Vehicle Impound Release
1.11 STOP Fee
1.12 30 Day Impound Fee
Page Number
7
7
8
8
8
8
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9
9
9
ee 9
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9
2.0 ADMINISTRATION and MANAG1MENT of AGREEMENT
2.1 Agreement Approval 10
2.2 Entire Agreement 10
2.3 Administration of Contract 10
2.4 Cooperation and Consultation ..... 11
2.5 Compliance with Applicable Law 11
2.6 Licenses, Permits, Etc 11
2.7 Disputes 11
2.8 Mediation / Arbitration 12
2
2.9 Legal Fees 12
2.10 Indemnification and Hold Harmless ... 12
2.11 Business Records (10650 CVC et seg.) 13
2.12 Prohibition Against Use of Privileged 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 Reform 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, OPTIONS, RENEW and RE -OPENERS
3.1 Duration 16
3.2 Relevant Dates 16
3.3 Option to Renew 16
3.4 Re -Opener Clause - Referral Fee 17
3.5 Re -Opener Clause - Fee Schedule 17
3.6 Re -Opener Clause - 30 Day Impound Fee (STOP) ... 17
4.0 RESPONSE TIME, EXCEPTIONS and PENALTY ASSESSMENT
4.1 Response Time 17
4.2 Response Time Computation ... 18
4.3 Response Time - Penalty . 18
4.4 Response Time - Penalty Assessment ... 18
5.0 ON -CALL CONTRATOR and CONTRACTOR ROTATION SCHEDULE
5.1 Contractor On -Call & Rotation 19
6.0 GENERAL DUTIES, REQUIREMENTS and OBLIGATIONS
6.1 Business License . 19
6.2 Contractor Availability - Response to Service Requests 19
6.3 Contractor Towing Forfeited Vehicles 20
6.4 Contractor Availability - Vehicle Release .. 20
6.5 Business Office 20
6.6 Business Office Hours 20
6.7 Contractor's Employees 21
6.8 Signs 21
6.9 Method of Payment - Towing or Storage Charges (22651.1 CVC) 21
6.10 Storage of Vehicles; City, Seized, Evidentiary 22
6.11 Removal from Private Property 22
6.12 Notice to City - Private Property Impounds 22
6.13 Gratuities (12110 CVC) 22
6.14 Tow Truck Driver - On Scene Duties 23
6.15 Access to Stored Vehicles 23
6.16 Access to Stored Vehicle - Removal of Private Property 23
6.17 Access to Evidentiary Vehicles 24
6.18 Invoices 24
6.19 Vehicle Impound Control Card (PD form 250) 24
6.20 Proceeds from Lien Sale 24
7.0 FEES
7.1 Fee Schedule 25
7.2 Secondary Tow Fees 26
7.3 City Vehicle Tow Fees 26
4
7.4 Fees - Police Department Errors and Omissions ... 26
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 Release (NVIR) Fee 28
7.10 NVIR Fee 28
7.11 NVIR Fee - Payment Due Date 28
7.12 NVIR Fee - Payments 28
7.13 NVIR Payment - Late Fee 29
7.14 Serious Traffic Offender Program ( 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 Fe s 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 y Release (22655(b) CVC) 31
8.4 Questions, Problems, or Controvers Associated with Vehicle Release 31
8.5 Expert Training - DMV Document I o 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
9.3 Tow Truck Identification 33
9.4 Tow Truck Lighting Equipment
5
33
9.5 California Highway Patrol Inspection Certification 33
9.6 Tow Truck Maintenance 33
9.7 Storage Lot, Minimum Requirements 33
9.8 Minimum Lighting Requirements - Storage Lot 34
9.9 Vehicle Examination Area 35
9.10 Secure Area - Evidentiary Vehicles 35
10.0 INSURANCE REQUIREMENTS
10.1 Minimum Insurance Requirements 35
10.2 Primary Insurance 36
10.3 Claims Made vs. Occurrence Form 36
10.4 Aggregate Insurance Limits 36
10.5 Insurance Company 36
10.6 Insurance Certification Requirement 36
10.7 Insurance Requirement - Extension Option 37
10.8 Limitations of Liabilities and Obligations 37
10.9 Sub -Contractor Insurance Requirement 37
11.0 CONSTRUCTION of AGREEMENT 37
ATTACHMENT A
Towing Fee Schedule 38, 39
ATTACHMENT B
NVIR Fee - Applicable CVC & NCMC Sections 40, 41
ATTACHMENT C
STOP Fee - Applicable CVC Sections 42
"TOWING AGREEMENT"
This Agreement is made and entered into in the City of National City, State of California, on this
7th day of March, in the year 2006, by and between the City of National City, a municipal
corporation, herein after referred to as "City", and Moynahan Towing, herein after referred to as
"Contractor."
RECITALS
• Whereas, the City of National City Police Department requires professional towing and
impound services to maintain the safety of the public right-of-way and to seize and secure
vehicles in accordance with the laws of the State of California and the Municipal Code,
ordinances and regulations of the City of National City; and
Whereas, the City Council, City of National City has adopted policies and procedures for the
selection and designation of professional towing contractors to provide towing, impound and
storage service upon the request of the National City Police Department.
• Whereas, Moynahan Towing has a history of satisfactory service and has participated in a
competitive process, and together with another towing contractor has been found to have the
best qualifications and capability of providing the highest quality, professional towing
services for the City of National City; and
• Whereas, the City of National City desires to have Contractors perform exclusive towing
service within the City of National City and Contractor represents and warrants they are
experienced and staffed in a manner such that they are capable and prepared to deliver the
services required by the City of National City within the time frames herein provided, all in
accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City of National City and Moynahan Towing,
Inc. do hereby mutually assent to the terms and conditions as follows:
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1.0 DEFINITION OF TERMS
1.1 Police Tow shall mean the towing of vehicles at the direction of The National City Police
Department where the consent of the owner or operator of the vehicle is not required under
existing law. This shall include but is not limited to the towing of motor vehicles that are
illegally parked, abandoned, evidence in a criminal investigation, disabled due to collision or
mechanical failure 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 impound of a vehicle on orders of police under the
authority of California Vehicle Code § 22655 or 22655.5 and the vehicle is brought to the
National City Police Department for evidence processing. The secondary tow occurs when the
police direct the original Contractor to retrieve and store the vehicle on Contractor's property.
1.5 Collision Tow The owner or operator of a vehicle involved in a non -criminal traffic
collision may select a tow company of their own choosing. However, if in the opinion of the
investigating police officer an unreasonable delay would result, or unnecessary delay would
negatively impact access to the public right-of-way, the investigating officer may consider the
matter a "Police Tow" and cause the removal of the vehicle. If the vehicle is towed on orders of
the investigating officer, the officer shall complete the Vehicle Impound Control Card citing
22500 CVC as the authority for impound. No special hold or police authorized release is
necessary.
1.6 Response Time is defined as the elapsed time between the relaying of the tow service
request 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
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company's dispatcher or to a tow truck driver that is already on the scene of an NCPD requested
tow, wherein there is a need for additional services. (An example of this would include times
where a collision occurred and originally an officer makes a request for one two truck. Upon
arrival it is determined that another tow truck will be needed and the officer makes the request to
the driver on the scene to obtain the services of another truck. The driver calls in the request and
the officer advises NCPD dispatch that he/she has made the request and an appropriate CAD
entry is made.)
1.7 Contract Year is defined as any one year, 365 day period during the term of this
agreement. The first contract year begins on April 1, 2006 and ends on March 31, 2007. The
second contract year begins on April 1, 2007 and ends on March 31, 2008. The third contract
year begins on April 1, 2008 and ends on March 31, 2009. There are three (3) successive years in
this contract.
1.8 Fee Schedule is defined as the fees charged by Contractor to the owner, operator, or
agent of the subject vehicle for various services charged by Contractor. The fee schedule is
approved and authorized by a majority vote of the City of National City, City Council. The fee
schedule includes itemized charges for numerous towing and storage services including but not
limited to hook up fees, dolly fees, daily storage fees, after -hour release fees, etc. The Fee
Schedule is identified and located at Attachment A of this document.
1.9 Referral Fee is authorized by California Vehicle Code § 12110(b) and is defined as a
quarterly fee charged to Contractor by City for the right to provide towing, impound and storage
services for City. The Referral Fee is designed to offset actual and reasonable costs incurred by
the police department to process and administer towing services. The Referral Fee may be
adjusted throughout the term of this Agreement, consistent with Section 3.4, Re -Opener Clause —
Referral Fee.
1.10 Negligent Vehicle Impound Release Fee is authorized by the City Council. The
Negligent Vehicle Impound Release Fee is defined as a fee charged to the owner, operator or
agent of a vehicle that violated certain, specified sections of the California Vehicle Code or
National City Municipal Code. The NVIR fee is currently established at fifty-five ($55) dollars.
The NVIR fee may be adjusted during the term of the agreement at the discretion of the City
Council. This fee is collected by Contractor on behalf of City.
1.11 S.T.O.P Fee The Serious Traffic Offender Program targets the unlicensed driver and
provides for a 30-day impound of vehicles. A fee, designed to off set the administrative costs of
the program is authorized by the City Council under the authority of California Vehicle Code §
22850.5. The fee is currently set at one hundred fifty ($150) dollars. The STOP fee may be
adjusted during the term of this agreement at the discretion of the City Council. This fee is
charged to the vehicle owner, operator or agent and is collected by Contractor on behalf of City
1.12 30-Day Impound Fee is defined as a percentage fee paid to City by Contractor, when a
Serious Traffic Offender Program vehicle is held for 30-day storage. This fee is not applicable
when City releases a vehicle prior to the full :30-day period. Nothing in this section is intended to
prevent or preclude the early release of a 30-day hold STOP vehicle if extraordinary
circumstances warrant. The Impound Fee will remain at 15% of the amount collected for storage
on released vehicles. This is unchanged from the previous contract.
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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, represenitation, 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 patty 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 Administrato''r shall monitor the progress and execution of this
Agreement. The Contract Administrator ma' delegate duties and responsibilities to subordinates
to insure functional management, supervision and operation of this Agreement.
Contract Administrator For The City of National City
Dr. Adolfo Gonzales
Chief of Police
National City Police Department
1200 National City Blvd National City, CA. 91950
(619) 336-4511
Management and Operations
Neighborhood Policing Team I Lieutenant
National City Police Department
1200 National City lIlvd National City, CA 91950
(619) 336-4400
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Inspection & Operational Supervision
Traffic Division Sergeant
National City Police Department
1200 National City Blvd National City, CA 91950
(619) 336-4420
Contract Administrator for Moynahan Towing
Owner: Tom Moynahan
3200 National City Blvd., National City, CA 91950
(619)477-9362
2.4 Cooperation and Consultation
The City and Contractor shall regularly consult during the term of this Agreement in order to
achieve the objectives of this Agreement. Throughout the term of this Agreement, the City and
Contractor shall permit mutual access to its offices, facilities, files and records relating to the
operation and management of this agreement. Upon request of the City the Contractor shall
provide copies of files, materials or records relating to the towing, impound, and disposition of
any vehicle towed as a result of this agreement. Upon request, the City shall provide the
Contractor with any annual report or management report relating to the towing and impound of
vehicles towed as a result of this Agreement. Access to police files, records or materials does not
include unrelated records, communications between City and the police department, any record
which may infringe upon the privacy rights of any individual, or any file, record, or investigation
determined by the police department to be privileged or confidential.
2.5 Compliance with Applicable Law
The Contractor in the performance of the services to be provided herein, shall comply with all
applicable State and Federal statutes and regulations, and all applicable ordinances, rules and
regulations of the City of National City, whether now in force or subsequently enacted.
2.6 Licenses, Permits, Etc.
Contractor represents and covenants that it has all licenses, permits, qualifications, and approvals
of whatever nature that are legally required to practice its profession. The Contractor represents
and covenants that the Contractor shall, at its sole cost and expense, keep in effect at all times
during the term of this agreement, any license, permit, 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
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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 outof, 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.
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2.11 Business Records (10650 CVC et seq.)
Contractor shall maintain and retain data and records of all tow services furnished, including
description of vehicles, nature of service, date, time of notification by City, time of tow truck
dispatch, time of arrival of tow truck at scene, location of calls, total itemized charges of towing
and storage, and the description of all vehicles towed and/or stored at the initiation of the City. If
the vehicle is sold at lien sale, data shall be maintained documenting all liens against the vehicle,
monies received as a result of the sale, identification of the purchaser, and the amount of monies
forwarded to City and state. All such data and original towing and storage records shall be
maintained in an accessible location. The Contractor shall make available and permit the City
without notice during normal business hours to audit, examine and make excerpts, copies, or
transcripts of all data and records with respect to the towing and storage of vehicles initiated by
the City. If Contractor employs, assigns or contracts with a third -party vendor to manage or
process the DMV required processing regarding lien sale vehicles, Contractor shall make
available all relevant records, data or documents regarding lien sales. Contractor shall waive any
privacy rights in order to permit City to inspect, review and copy any relevant record in
possession of a third -party vendor.
2.12 Prohibition Against Use of Privileged Information
Contractor shall not use for personal gain, transmit or disclose any privileged or confidential
information that is acquired from or obtained as a result of information gathered from the
management or operation of this agreement. For the purpose of this section, "Privileged or
Confidential Information" shall include City or police department records unrelated to towing
and storage of vehicles, DMV information, or Criminal History information.
2.13 Independent Contractor
Contractor shall for all purposes arising out of this Agreement, be an independent Contractor.
Contractor and employees of Contractor shall not be deemed employees or agents of City. It is
expressly understood and agreed that the Contractor and its employees shall in no event, as a
result of this Agreement, be entitled to any benefit to which City employees are entitled,
including but not limited to overtime, retirement benefits, workers' compensation benefits, injury
leave, medical leave, unemployment or any other leave benefits.
Neither the City nor its officers, agents or employees shall have any control over the conduct of
the Contractor or any of the Contractor's employees except as herein set forth, and the Contractor
expressly agrees not to represent that the Contractor or the Contractor's agents, servants, or
employees are in any manner agents, servants, and employees of the City, it being understood
that the Contractor, its agents, servants, and employees are as to the City wholly independent
contractors and that the Contractor's obligations to the City are solely such as are prescribed by
this Agreement.
2.14 Assignment
This Agreement contemplates the personal services of the Contractor and the Contractor's
employees, and it is recognized by the parties that a substantial inducement to the City for
entering into this Agreement was, and is, the professional reputation and competence of the
Contractor and its employees. Neither this Agreement nor any interest herein may be assigned by
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the Contractor without the prior written consent of the City. Nothing herein contained is intended
to prevent the Contractor from employing or hiring as many employees, or subcontractors, as the
Contractor may deem necessary for the proper and efficient performance of this Agreement. All
agreements by Contractor with its subcontractors(s) shall require the subcontractor to adhere to
the applicable terms of this Agreement.
2.15 Workers' Compensation
The Contractor shall comply with all of the provisions of the Workers' Compensation Insurance
and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the
California Government Code and all amendments thereto; and all similar State or Federal acts or
laws applicable; and shall indemnify, defend and hold harmless the City and its officers,
employees and volunteers from and against all claims, demands, payments, suits, actions,
proceedings and judgments of every nature and description, including attorneys' fees and costs
presented, brought or recovered against the City or its officers, employees, or volunteers, for or
on account of any liability under any of said acts which may be incurred by reason of any work
to be performed by the Contractor under this Agreement.
2.16 Non -Discrimination Provision
The Contractor will not discriminate against any employee or applicant for employment because
of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin,
physical handicap, or medical condition. The Contractor will take positive action to insure that
applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual
orientation, marital status, national origin, physical handicap, or medical condition. Such action
shall include but not be limited to the following: employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. The Contractor agrees to post
in conspicuous places available to employees and applicants for employment any notices
provided by the City setting forth the provisions of this non-discrimination clause.
2.17 Conflict of Interest and Political Reform Act Obligations
During the term of this Agreement, the Contractor shall not perform services of any kind for any
person or entity whose interest's conflict in any way with those of the City of National City. The
Contractor also agrees not to specify any product, treatment, process or material for the project in
which the Contractor has a material financial interest, either direct or indirect, without first
notifying the City of that fact. The Contractor shall at all times comply with the terms of the
Political Reform Act and the National City Conflict of Interest Code. The Contractor shall
immediately disqualify itself and shall not use its official position to influence in any way any
matter coming before the City in which the Contractor has a direct or indirect financial interest as
defined in Government Code Section 87103.. The Contractor represents that it has no knowledge
of any financial interests that would require it to disqualify itself from any matter on which it
might perform services for the City. Contractor further warrants and represents that Contractor
will immediately advise the City Attorney if Contractor learns of an economic interest of
Contractor's that may result in a conflict of interest for the purposes of the Political Reform Act,
and regulations promulgated thereunder.
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The Contractor shall be strictly liable to the
suffer by virtue of any violation of this secti
2.18 Termination of Agreement
This Agreement may be terminated immedi
breach of this Agreement, misrepresentation
of this Agreement or the performance of se
by the City. Termination for cause shall be e
to the Contractor as provided for in Section
In the event of termination, all finished or
and other documents prepared by the Contr
become the property of and be delivered t
receive just and equitable compensation
documents and other materials up to the
exceed the amounts payable hereunder, and I
breach, if any.
The City further reserves the right to imme
of a petition in bankruptcy affecting the Con
benefit of creditors; or (3) a business re
Contractor.
2.19 Charges and Fees
Contractor is authorized and responsible fo
charges, and any fee authorized or required
and operation of this agreement, prior to rele
2.20 Inspection
City shall require no less than an annual i
compliance with the provisions of the
Responsibility for said inspection rests
Division Sergeant and/or designee. Said ins
hours. Upon completion of inspection the T
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, (
ity for all damages, costs or expenses the City may
by the Contractor.
tely by the City for cause in the event of a material
by the Contractor in connection with the formation
ces, or the failure to perform services as directed
ected by delivery of written Notice of Termination
.21.
nfinished memoranda, reports, plans, specifications
ctor, whether paper or electronic, shall immediately
the City, and the Contractor shall be entitled to
for any work satisfactorily completed on such
ective date of the Notice of Termination, not to
ss any damages caused the City by the Contractor's
iately terminate this Agreement upon: (1) the filing
ractor; (2) a reorganization of the Contractor for the
rganization or change in business status of the
the collection of all applicable towing and storage
by City to defray costs to City for the management
sing a vehicle.
spection of Contractor to insure conformance and
California Vehicle Code and this agreement.
ith the National City Police Department Traffic
ections shall be conducted during normal business
affic Division Sergeant shall submit a written report
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
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California) after the date of deposit in a post office, mailbox, mail chute, or other like facility
regularly maintained by the United States Postal Service, (iv) if given by telex, telecopy,
facsimile or fax, when sent. Any notices, request, demand, direction or other communication
delivered or sent as specified above shall be directed to the following persons:
To the CITY: Contract Administrator For The City of National City
Dr. Adolfo Gonzales
Chief of Police
National City Police Department
1200 National City Blvd National City, CA. 91950
(619) 336-4511
To the CONTRACTOR: Moynahan Towing
Tom Moynahan
3200 National City Blvd., National City, CA 91950
(619)477-9362
3.0 TERM OF AGREEMENT, OPTIONS, and RE -OPENERS
3.1 Duration
The duration of this Agreement shall be three (3) successive years with an option for extension.
3.2 Relevant Dates
This Agreement begins at 0000 hours on April 1, 2006 and terminates at 2400 hours on March
31, 2009.
3.3 Option to Renew
The City of National City reserves the option to renew the contract for up to four (4) six (6)
month periods under the terms and conditions herein stated beginning on the anniversary of the
commencement of service. The renewal is contingent on a mutual agreement between the City
and the Contractor with such agreement to be confirmed by the Contract Administrator within
sixty (60) days prior to the expiration of the contract period. The City of National City or the
Contractor may decline to confirm the renewal of the contract for any reason whatsoever, which
shall render the renewal option null and void.
The City's initial letter informing the Contractor of the City's exercise of its option to renew the
contract does not constitute an award of the option period. Any option acceptance must be
confirmed by the City of National City in writing, before it becomes valid.
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 Feel, 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 jand 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 holld 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 shal
jurisdictional limits of City.
Due to the limited number of out of jurisdic
evaluated on an individual basis for towing
City. Complaints or irregularities involving
between the Contract Administrators.
does not qualify as fulfilling the Response Time
not exceed twenty (20) minutes for tows inside the
ion towing service requests, response times shall be
ervice requests outside of the jurisdictional limits of
ut of jurisdiction towing requests shall be managed
Response Time is defined as the elapsed ti e between the relaying of the tow service request to
the Contractor and the arrival of the tow truc on scene.
The Contractor is expected to dispatch any
towing request.
The Contractor is expected to notify the Na
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 t
the dispatch CAD system and the Contracto
shall notify dispatch of the tow truck arriv
system shall be the final resolution of any
failure to record relevant times by the on-d
assessment.
4.3 Response Time - Penalty
Failure to arrive at the requested location within the prescribed response time may result in
cancellation of the service request. The alter ate Contractor may be notified.
available tow truck immediately upon receipt of a
ional 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
or, at no cost to City. "Secondary tow Contractor"
e police dispatcher enters the request for a tow into
arrives on scene. The on -scene investigating officer
1. The police department computer aided dispatch
actual time dispute regarding response times. Any
ty dispatcher shall not be considered in any penalty
4.4 Res s onse Time - Penal Assessme
t
Contractor shall pay a five hundred
percent (5%) of the tows in any calendar
requirement per any single request by the Ci
dollar ($500.00) penalty, if more than five
month period exceed the maximum response time
y for emergency towing services.
Failure to meet Response Time requirement • may result in termination of this contract.
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.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 Chiefs decision will be final.
Any contractor selected as the first in the rotation schedule at the beginning of a contract year
will begin the first day of the contract 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 having 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 ix (6) rings or busy signal to their telephone call.
Tow Contractors using paging systems are r::quired to respond to a page within five (5) minutes
of the initial page by the City.
The City does not currently have plans for adding automated tow dispatching to the existing
NCPD dispatch system. Therefore the City is not requiring any contractor to purchase
equipment to be used to integrate into an aut mated tow dispatching system. It will be up to the
contractor to ensure they are able to meet the response time requirements of the contract by
whatever means they deem appropriate.
Since there are no current plans to add auto sated tow dispatching to the existing NCPD dispatch
system there are no minimum requirements ::stablished for such a system upgrade at this time.
6.3 Contractor Towin Forfeited Vehi:les
The Contractor shall tow all forfeited vehicl s, as ordered by the City.
The Contractor shall not drive the forfeited ehicles except to move them within the storage
facility. Use of vehicles for personal use is trictly prohibited.
In the event it is found that a towed vehicle i; subject to forfeiture the City shall arrange for the
vehicle to be picked up from the Contractor' > storage facility and the Contractor shall invoice the
National City Police Department, Serious Traffic Offenders Team (STOP) for all towing and
storage fees.
6.4 Contractor Availabili - Vehicle '.elease
Contractor shall be available to release vehicles to their owners, agents or authorized
representatives, twenty-four (24) hours a da , seven (7) days a week including all holidays.
6.5 Business Office
Contractor shall maintain a functional busi ness office within the location of the yard used to
store police initiated tows.
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 appearance. Staff shall work in a neat and clean
uniform. The Contractor shall furnish staff with a shirt or some other type of outerwear bearing
the company name and logo. Appropriate clothing will be worn at all times including by
employees that are being trained. All employees will conduct themselves in a professional
manner when interacting with the public or City employees.
Within ten (10) days of provisional award the Contractor(s) shall provide the National City
Police Department Traffic Division Sergeant with the names of all employees that will be
assigned to the contract.
The Contractor will notify National City Police Department Traffic Division Sergeant whenever
a new employee is hired that is assigned to perform duties under the contract or may have access
to vehicles impounded pursuant to police request.
Contractor shall ensure that all tow truck drivers responding to calls initiated by the City are
properly licensed, qualified and competent employees. The Contractor shall ensure all tow truck
drivers are trained and proficient in the use of the tow truck and related equipment, including, but
not limited to, the procedures necessary for the safe towing and recovery of ALL vehicles. All
tow truck drivers shall possess the proper class license and certificates for towing vehicles, along
with a class 'A' endorsement to allow operation of special vehicle configurations and/or special
cargos.
Contractor's employees shall be qualified to perform all work undertaken by or assigned to them.
In the event a driver or the equipment is inadequate and the Contractor is unable to service the
request, a charge for service or labor will not be permitted.
6.8 Signs
In compliance with California Civil Code § 3070 (E), Contractor shall display inside the business
office, in plain view at the cashier's station, a sign. Said sign shall not be less than 17 by 22
inches in size, with lettering not less than one inch in height, disclosing all storage fees and
charges in force, including the maximum daily storage rate. Posting of the Fee Schedule
(Attachment A) in the appropriate size and lettering complies with CCC § 3070 (E).
Additionally, Contractor is required by California Vehicle Code § 22850.3 (b) to display in a
conspicuous place a notice to the effect that a vehicle impounded at the direction of the Police
Department may only be released upon proof of current registration. Said notice must include the
name and telephone number of the local police agency that caused the vehicle to be stored.
6.9 Method of Payment - Towing, or Storage Charges (22651.1 CVC)
At a minimum, Contractor shall accept a valid bank credit card or cash for payment of towing
and storage by the registered owner, legal owner, or the owner's agent claiming the vehicle.
Pursuant to California Civil Code § 1748.1, Contractor shall not impose a surcharge on a
cardholder who elects to use a credit card in lieu of cash for payment of any fees pursuant to this
21
Agreement. In addition, Contractor shall have sufficient funds on the premises to accommodate
and make change in a reasonable monetary transaction.
6.10 Storage of Vehicles; City, Seized, Evidentiary
Contractor shall immediately provide written notice to the National City Police Department
Traffic Unit whenever a city vehicle, seized vehicle or one towed for evidentiary purposes is
stored in excess of forty-eight (48) hours. Failure to provide the required written notification to
the City may result in forfeiture of Contractor's right to storage fees.
The Contractor shall provide invoices to the National City Police Department Operations
Assistant for the towing of each City owned and each seized vehicle, and towing and storage of
each vehicle for evidentiary purposes. The invoices shall include the description of the vehicle,
the date, time, origin, and disposition of the towed vehicle, name and identification number of
City employee authorizing the tow and/or storage, the mileage starting and finishing at
destination, and an itemized cost of services provided (mileage, number of storage days)
commensurate with the attached rate schedule. Invoices shall be delivered to the National City
Police Department Operations Assistant no later than the fifteenth (15th) of the month following
services rendered. City shall make payment for services rendered on a monthly basis from
month previous.
6.11 Removal from Private Property
Pursuant to California Vehicle Code § 22658(h) a towing company may impose a charge of not
more than one-half of the regular towing charge for the towing of a vehicle at the request of the
owner of private property or that owner's agent pursuant to this section if the owner of the
vehicle or the owner's agent returns to the vehicle before it is removed from private property.
The regular towing charge may only be imposed after the vehicle has been removed from the
property and is in transit.
Pursuant to sub -section (i) (2), if a vehicle is released within 24 hours from the time the vehicle
is brought into the storage facility, regardless of the calendar date, the storage charge shall be for
only one day. Not more than one day's storage charge may be required for any vehicle released
the same day that it is stored.
6.12 Notice to City - Private Property Impounds
In addition to the requirements set forth in California Vehicle Code § 22658 Contractor agrees to
notify the National City Police Department of all vehicle impounds from private property, within
the jurisdictional limits of City, that result in storage of the vehicle. Notice shall include but not
be limited to a complete description of the vehicle including the vehicle identification number,
location of impound and name of property owner or agent who authorized the impound. Notice
shall occur within one hour of taking possession of the vehicle. Generally, private property
impounds are considered On -Demand Tows.
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 Co
Contractor with any gift, recreation, favor,
No City employee is permitted to purchas
from a police initiated tow or referral tow.
vehicle part from Contractor for a reduced
by industry standards. The intent of this sec
involving the contractual relationship.
Contractor or Contractor's employees are p
value from a repair shop for delivery or the
of storage or repair. Nothing in this section
repair shop appropriate towing fees pursuan
tractor. No City employee shall offer or provide
easonal gratuity, or any compensation whatsoever.
a lien sold vehicle from Contractor that resulted
City employees shall not purchase any vehicle or
ee or a fee below the prevailing rate as determined
ion is to avoid the mere appearance of impropriety
ohibited from accepting any money or anything of
arranging of a delivery of a vehicle for the purpose
is intended to preclude Contractor from charging a
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 Du ies
Upon arriving on -scene of a police initiate
investigating Peace Officer in charge. The
to inform Contractor's employee of an
Contractor's employee shall make every r
any unusual circumstance or hazardous c
officer -in -charge may request additional to
the officer -in -charge shall have the autho
additional services based on the on-scen
reasonable effort to comply with instructi
Contractor's employee may make any e
move and/or impound vehicles.
Contractor shall be responsible for removi
debris from the public right-of-way to ens
render inert any liquid debris that may reas
right-of-way. If the removal of any typ
tow, the Contractor's employee shall report to the
fficer-in-charge shall make every reasonable effort
unusual circumstance or hazardous condition.
asonable effort to inform the officer -in -charge of
ndition undetected by the officer -in -charge. The
ing services from the Contractor's employee and
ity to waive the Response Time requirements for
needs. Contractor's employee shall make every
ns or directions provided by the officer -in -charge.
ergency alterations reasonably required to safely
g and appropriately disposing of collision related
re public safety. Contractor shall also remove or
nably be considered a safety hazard to the public -
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 ppraising damages.
6.16 Access to Stored Vehicles — Remov l of Private Pro
Pursuant to California Vehicle Code § 22851(b); no lien shall attach to any personal property in
or on the vehicle. The personal property in or on the vehicle shall be given to the current
registered owner or the owner's authorized agent upon demand. The lien holder shall not be
responsible for personal property after any vehicle has been disposed of pursuant to Division 11,
Chapter 10 of the California Vehicle Code.
Pursuant to California Civil Code § 3068.1, the lien is deemed to arise on the date of possession
of the vehicle. Possession is deemed to arise when the vehicle is removed and is in transit.
6.17 Access to Evidentiary Vehicles
Vehicles impounded by City for investigative purposes pursuant to California Vehicle Code
Sections 22655 or 22655.5 shall be held in maximally secured, nonpublic areas of Contractor's
property, until the vehicle is released by order of City or in conformance with section 8.3 of this
Agreement.
No person other than a Police Officer, Reserve Police Officer, Field Evidence Technician,
Property & Evidence Unit employee or Crime Scene Specialist employed by City shall remove
any property or other contents from evidentiary vehicles. Property removed from such vehicles
shall be recorded as removed on the content inventory and the content inventory dated and
signed by the Police Officer, Reserve Police Officer, Field Evidence Technician, Property &
Evidence Unit employee or Crime Scene Specialist removing the property and by a
representative of the Contractor.
6.18 Invoices
All invoices for towing and impounds pursuant to this Agreement shall clearly and individually
itemize each and every specific charge or fee type. Daily storage fees shall be itemized on a per
day basis, for example: 10 days storage @ $ per day. All itemized City fees of all types shall be
documented on the invoice. The customer shall be provided no less than one copy of the invoice,
after all fees have been paid and the invoice marked "Paid."
6.19 Vehicle Impound Control Card (PI) form 2501
A Vehicle Impound Control Card (PD Form 250) shall be completed for all police tows. A
Vehicle Impound Control Card shall also be completed for all collision tows when the police
order or direct a tow for a disabled vehicle. The impounding officer shall obtain a case number
and enter the case number on the control card before giving the tow truck driver a copy of the
control card.
Contractor shall not be liable for uncollected City or administrative fees when the Vehicle
Impound Control Card (PD Form 250) is not properly completed by the impounding officer. PD
Form 250 shall contain the lawful authority to impound pursuant to the California Vehicle Code.
However, the impounding officer may elect to use the words "Admin Fee Applies" listed in the
OTHER section of the form.
6.20 Proceeds from Lien sale
In conformance with California Civil Code § 3073 and California Vehicle Code § 22850.5 the
proceeds from the lien sale of any vehicle impounded pursuant to the Negligent Vehicle
24
Impound Release (NVIR) program or the
distributed in the following order:
1. Any and all costs necessary to disc
and storage fees, and the costs of pr
(lien holder) Contractor.
2. Any and all City administrative
associated with the STOP and/or N
recovered by City, resulting from
program.
3. The balance, if any, shall be forwar
for deposit in the Motor Vehicle Acc
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 Att
and until amended by the City Council, City
Fee Schedule, of this agreement.
The schedule of rates charged by the operato
presented upon demand to person(s) for who
or any representative of the City at the scene
In the event of a significant or substantial in.
by any action of the Towing Contractor, a to
for any and all of the services provided purs
petition the City for the increase in towing a
documentation. Any surcharge is subject to
Rate changes may be sought at the will of th
cost of service evaluation by the City or by r
may be a need for rate changes during the to
contract, should any contractor make a reque
forward the request appropriately for consid
Serious Traffic Offender Program (STOP) shall be
arge the lien, including but not limited to impound
cessing the vehicle for lien sale shall be paid to the
es, including individual fees or any partial fees
IR programs, shall be paid to City. Any partial fees
he lien sale, shall first be attributed to the STOP
ed to the California Department of Motor Vehicles
unt in the State Transportation Fund.
a complete schedule of all charges and fees the
om consumers for towing, impound, and storage
chment A rate schedule shall remain in place unless
of National City pursuant to section 3.5 Re -Opener -
shall be available in the tow truck, and shall be
the tow services were provided, or his/her agent,
rease in operating expenses, which was not caused
porary surcharge may be added in the current rates
ant to this agreement. The Towing Contractor shall
d storage rates and provide supporting
pproval by the City.
City. This process may be instituted by routine
quest by the contractor. It is understood that there
of the contract. Therefore, during the term of the
.t for rate changes, the contract Administrator will
ration.
No rate adjustments will be considered with.ut City Council approval.
Any cost -of -living increase to the tow rates s all be calculated from the Consumer Price Index
(CPI) as published for the first quarter of eac calendar year. In any year in which this index is
not available, the City shall ascertain and util'ze some similar criterion and establish,
retroactively, a figure for the computation.
Any increase in the City Standard Rates will rigger a proportional increase in the City's Referral
Fee beginning of July 1st of each contract ye; r.
25
7.2 Secondary Tow Fees
Secondary towing fees are the responsibility of the vehicle owner, operator or agent. If it is
determined that City is liable for the secondary tow fees, Contractor shall charge City 50% of the
Basic Tow Fee for Secondary Tows, if applicable.
No storage fees shall accrue while the subject vehicle is in the actual possession of the National
City Police Department. Police personnel shall not release a vehicle from the National City
Police Department until all Contractor fees have been paid to Contractor by the vehicle owner,
operator or agent. In the event a vehicle is released from the police department and Contractor
fees were not paid, City shall be liable for the full fee.
7.3 City Vehicle Tow Fees
Contractor agrees not to charge City a fee for the towing of marked or unmarked City police
vehicles whether the tow resulted from mechanical breakdown or collision within the
jurisdictional limits of National City.
Contractor shall charge City 50% of the Basic Tow Fee for the towing of all other City vehicles
whether the tow resulted from mechanical breakdown or collision within the jurisdictional limits
of National City.
Fees for all City vehicle tows including police vehicles, which occur outside the jurisdictional
limits of National City, shall be resolved between the Contract Administrators but shall not
exceed 50% of the basic tow fee.
7.4 Fees - Police Department Errors and Omissions
When any vehicle has been ordered towed by City and it is established that the tow was in error
through a mistake of fact, Contractor shall release the vehicle to its owner, operator or agent at
no cost. Contractor shall bill City at no more than 50% of the basic tow fee.
If an error by City results in a vehicle being stored longer than it can reasonably be established
that it should have been, Contractor shall release the vehicle and bill the owner, operator or agent
only those storage charges that would have accrued if no error had occurred. Contractor shall bill
City storage fees at no more than $2.50 per day for every day beyond the owner, operator or
agent's responsibility.
If the error in towing or storage is discovered after the vehicle owner, operator or agent recovers
the vehicle and all fees have been paid to Contractor, the owner, operator, or agent may be
referred to the City Clerk, City of National City to file a Claim for Damages against City.
7.5 Referral Fee
Contractor shall make quarterly Referral Fee payments to City for the right to provide towing
and storage service to City. The minimum Referral Fee payment amount per Contractor shall be
five thousand five hundred sixty five dollars ($5,565.) per quarter. The Referral Fee shall be
payable for a period of three (3) years subject to adjustments as defined in Section 3.4 - Re -
Opener Clause - Referral Fee.
26
7.6 Referral Fee - Due Date
The Referral Fee payment shall be due andl 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 \'ear; Quarter End Dates
1S` Quartr — June 30, 2006
2nd Quarter 1 September 30, 2006
3rd Quarter -IL December 31, 2006
4th Quartet — March 31, 2007
Second Contra4 Year; Quarter End Dates
1s` Quarter - June 30, 2007
2nd Quarter September 30, 2007
3rd Quarter 'December 31, 2007
46 Quarter - March 31, 2008
Third Contract 'ear; Quarter End Dates
ls` Quartr - June 30, 2008
2nd Quarter September 30, 2008
3rd Quarter t December 31, 2008
4th Quarter - March 31, 2009
7.7 Referral Fee - Late Fee
Any amount owed to the City more than fift en (15) calendar days beyond the due date, shall be
considered delinquent and will be in breach f contract. Failure to pay any amount owed to the
City may result in the Contractor being suspended from the contract until such amount is paid.
Interest will be charged on unpaid amounts at the maximum rate permitted by law. Partial
payments will not be accepted.
7.8 Referral Fee - Payments
The Referral Fee is payable to "City of National City." Payments shall be directed as follows:
Operations Assistant
National City Police Department
1200 National City Blvd. National City, CA 91950
27
Upon receipt and no later than five days fro receipt, the Operations Assistant shall record and
account for the Referral Fee payment consis -nt with the terms of this agreement and forward the
payment to the City Finance Department fo deposit in Revenue Account Number 001-11000-
3558.
7.9 Ne li ' ent Vehicle Im i ound Releas NVIR Fee
The Negligent Vehicle Impound Release Fe
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 t
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 i
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).
Payments due on the twentieth (20th) day of
released by Contractor between the first (1``
month, (inclusive).
7.12 NVIR Fee -Payments
The NVIR Fee is payable to "City of Nation 1 City." Payment shall be directed as follows:
Opera ions Assistant
National Cith Police Department
shall be an amount established by City. Said fee is
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
the month shall include and account for all vehicles
day of the month and the fifteenth (15`") day of the
1200 National City : lvd. National City, CA 91950
Upon receipt and no later than five days fro receipt, the Operations Assistant shall record and
account for the NVIR Fee payment, consist nt with the terms of this agreement and forward the
payment to the City Finance Department f•r deposit in Revenue Account Number 001-04049-
3551.
28
7.13 NVIR Fee Payment - Late Fee
Any amount owed to the City more than fill
considered delinquent and will be in breach
City may result in the Contractor being sus
Interest will be charged on unpaid amoun
payments will not be accepted.
en (15) calendar days beyond the due date, shall be
of contract. Failure to pay any amount owed to the
ended from the contract until such amount is paid.
s at the maximum rate permitted by law. Partial
7.14 Serious Traffic Offender Pro ram STOP Im i ound Fee
The Serious Traffic Offender Program Fee
currently one hundred fifty ($150) dollars
effective method of generating revenues
facilities. Vehicles impounded by City purs
upon expiration of a 30-day hold and shall o
the owner, operator or agent has a valid driv
Contractor shall collect STOP fees prior t
remit the collected STOP fees to City pursu
fees shall be properly identified and itemize
pursuant to certain California Vehicle Code
sections.
7.15 STOP Impound Fees - Due Date
STOP program fees collected by Contracto
fifth (5 ) day of each month and the twentiet
Payments due on the fifth (5th) day of eac
released by Contractor between the sixteen
month, (inclusive).
shall be an amount established by City. Said fee is
The STOP fee is recognized as a necessary and
ecessary to off set program costs, services and
ant to the STOP program shall be released by City,
ly be released by City upon a showing of proof that
is license.
the actual release of the vehicle. Contractor shall
nt to the below listed payment schedule. The STOP
The STOP fee applies only to vehicles impounded
Sections. See Attachment C for a list of applicable
shall be due and payable to City no later than the
(20th) day 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 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 B vd. 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 'he terms of this agreement. The STOP fee of one -
hundred fifty ($150) dollars per vehicle sh,11 be divided and deposited with the City Finance
Department as follows:
29
Amount Revenue Account Number
$125.00 1.91-11000-3550
$ 25.00 001-11000-3550
7.17 STOP - Late Fee
Any amount owed to the City more than fifteen (15) calendar days beyond the due date, shall be
considered delinquent and will be in breach of contract. Failure to pay any amount owed to the
City may result in the Contractor being suspended from the contract until such amount is paid.
Interest will be charged on unpaid amounts at the maximum rate permitted by law. Partial
payments will not be accepted.
7.18 STOP; 30-Day Vehicle Impound Fees
Pursuant to the Serious Traffic Offender Program certain vehicles are impounded and held in
impound for thirty (30) days. Said vehicles accrue Contractor's daily storage fees according to
the attached Fee Schedule. In addition to any other administrative fees herein identified,
Contractor shall pay CITY, fifteen (15%) percent of the total storage fee, when the vehicle is
held for 30 days and subsequently released to the vehicle owner, operator or agent. Any revenue
recovered as a result of this section shall be used to defray and off set police costs associated
with the operation of the STOP program. This fifteen (15%) percent fee shall not apply to STOP
vehicles not held for the 30-day period. This fee shall apply to the lien sale process, consistent
with section 6.17 of this Agreement.
7.19 30-Day Impound Fees - Due Date and Payment
Revenue received as a result of section 7.18, shall be distinguished from any other administrative
fee or revenue and shall be due and payable consistent with sections 7.15 through 7.17. Any
proceeds received from the STOP 30-Day Vehicle Impound shall be deposited into Revenue
Account Number 191-110003550.
8.0 VEHICLE RELEASE
8.1 General Rule - Vehicle Release
As a general rule, Contractor shall be responsible for the release of all vehicles in Contractor's
possession as a result of police initiated or referral tows.
8.2 Exceptions to General Rule
Vehicles impounded pursuant to the following California Vehicle Code Sections shall not be
released by Contractor. Contractor shall refer the vehicle owner, operator or agent to the police
department to obtain a release:
1. 14602.6 - S.T.O.P. Program
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 Ouestions, 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 Exnert Training - DMV Document Identification
During the term of this Agreement and at Contractor's request, City shall provide Contractor,
Contractor's employees, and new employees with training in the identification and recognition of
all relevant California Department of Motor Vehicles documents including but not limited to
California Drivers License and California Vehicle Registration documents. A recognized expert
employed by the California Department of Motor Vehicles shall conduct training. Training shall
include but not be limited to recognition and identification of counterfeit, altered, or forged
California Driver's License and California Registration and Title Certificates. The Contract
Administrators shall coordinate date, time and location of training.
9.0 MINIMUM TRUCK EQUIMENT and STORAGE LOT REQUIREMENTS
During the term of this Agreement, Contractor shall meet the following minimum tow truck
equipment requirements and storage lot requirements:
9.1 Minimum Tow Truck Requirements
During the term of this Agreement, Contractor shall have available no less than three tow rigs of
at least one -ton capacity Each tow rig shall have dual rear wheels. Each vehicle used for towing
police impounds shall have a manufacturer's gross vehicle weight rating (GVWR) of not less
than 14,500 pounds.
31
In addition, Contractor shall have available one tow rig, commonly known as a "Sub -Garage
Tow Vehicle," capable of entering and r .moving impounded vehicles from the underground
parking garage of the National City Police Department. The sub -garage tow vehicle is a limited
use vehicle and does not require dual wheel > or a GVWR of 14,500 pounds.
9.2 Minimum Tow Truck E s ui s ment Requirements
Each tow truck responding to requests for iolice initiated towing and impound services shall be
equipped with radio communications ..quipment capable of effecting two-way radio
communications between the tow truck op:rator and Contractor's dispatching operation. Citizen
Band radios shall not be used to meet this r=quirement.
Each tow truck shall have a maximum 8, )00 pound capacity winch that is power driven by
power takeoff from transmission, in bot directions, and equipped with safety dogs or an
adequate braking system. Winches must ne fitted with a minimum of 100 feet of cable for
recovery tasks. Roll back car carriers mus : be fitted with a minimum of 50 feet of cable. All
cable (wire rope) must be maintained in ;ood condition. Only wire rope with swaged ends,
wedge locks or braided ends, with metal sleeves in the loops shall be approved for use under the
terms of this agreement. Consistent with the California Code of Regulations, Title 13, § 1305(b),
wire rope is not in good condition when it is stranded, knotted, crushed, excessively rusted,
kinked, badly worn, when there are 12 or m re wires broken in lay length, or where there is other
visible evidence of loss of strength.
Contractor shall maintain dollies for use by in-service tow trucks providing police towing
services to City. Each tow truck, with the e :ception of slide back carriers, shall carry its own set
of dollies.
Each tow truck shall be equipped with no ess than two safety chains. No less than two safety
chains shall be used for each vehicle being towed. Each safety chain shall be rated at no less than
the rating specified by the original equipm :nt manufacturer (OEM). The safety chains shall be
securely affixed to the bed frame or wrecker boom, independent of the towing sling, bar, hitch,
wheel lift, or under lift towing equipment. The towed vehicle shall be secured to the towing
equipment independent of the safety chai is by either two chains or two straps. All safety
connections and attachments shall have a po;itive means, of sufficient strength, to ensure that the
safety connection or attachment cannot b::come disengaged while in transit. Vehicles being
transported on slide back carriers shall be secured by four tie down chains or straps, independent
of the winch or loading cable.
In addition to the requirements set forth in California Vehicle Code § 27700, City requires
Contractor to equip each tow truck with red flares, lanterns or reflectors, hand tools (screw
drivers, pliers, ratchet and sockets, crescent wrenches, metric and standard lug wrenches), bolt
cutters, six foot crowbar, rope, broom, shov::1, dustpan, fire extinguisher (dry chemical or carbon
dioxide type), utility flood lamps, portabl ; red taillights and stoplights for towed vehicles,
equipment for opening locked vehicles, sa sty snubber chains, and a trash can with absorbent
material.
32
Each tow truck shall be equipped with disp )sable (one time use) latex or rubber gloves for use
by Contractor's employees to prevent co tamination or contact with potential blood borne
pathogens. The decision to use said equipment rests solely with Contractor.
9.3 Tow Truck Identification
Each tow truck responding to police initiates towing and impound services shall, on both sides of
the vehicle, conspicuously bear Contracto 's company name, local address, and local phone
number(s) in lettering that complies with Ca ifornia Vehicle Code § 27907.
9.4 Tow Truck Lighting Equipment
Each tow truck responding to police initiated towing and impound services shall be equipped
with lighting systems as required by Califo Zia Vehicle Code Sections 24605, 24606 and 25253.
Additionally, tow trucks shall be equipped with utility lamp lighting systems than comply with
California Vehicle Code § 25110.
9.5 California Hi hwa Patrol Ins s ect ion Certification
During each contract year of this Agree tent, Contractor shall obtain and retain an annual
California Highway Patrol (CHP) tow truck safety inspection certification. Contractor shall
annually be able to show proof that every vehicle providing services to the City has passed a
CHP tow truck safety inspection. Tow trucks not passing inspections or meeting the
requirements of this section shall immediately be removed from rotation. The tow truck may
return to rotation once the truck has success Lilly passed a re -inspection by the original inspecting
agency.
Nothing in this section is intended to prevent, or preclude the National City Police Department
from performing periodic unscheduled insp=ctions to insure compliance with the requirements of
the California Vehicle Code and this Agree lent.
9.6 Tow Truck Maintenance
Each tow truck responding to police initiated towing and impound services shall be well
maintained and reasonably clean on the xterior and interior and should reflect the clean,
professional image of the City of National City.
9.7 Stora e Lot Minimum Re ' uireme is
There shall be a minimum of one (1) vehiclD storage yard within ten (10) miles of the boundary
of the City of National City with adequate storage capabilities for all vehicles retrieved from the
City and requiring storage. The Contract it shall identify the exact location and size of any
storage yards to be used pursuant to this con tract.
The storage yard shall be approximately 10, )00 sq. ft. and have space necessary to accommodate
all Police Department tows and comply with all applicable Building Codes and Zoning
Regulations (including but not limited to: ire, Sign, Zoning, and Building Codes). There shall
also be the following:
33
1. Be completely enclosed by an 8-foot high fence with a lockable gate. Construction of the
fence and gates must be of sufficient construction to prevent entry into the storage area of
unauthorized persons or vehicles.
2. Alarms and intrusion sensors that provide immediate notification capabilities at all times
or similar devices or security measures.
3. Sufficient lighting to detect unauthorized entrance at night.
4. The storage yard shall be served by drainage facilities adequate to prevent the
accumulation of standing water. The vehicle storage area must remain free of mud, pools
of standing water, debris, or other elements that would be harmful to the stored vehicle,
vehicle contents, or to persons viewing, inspecting or recovering the vehicles. The
vehicle storage area, including all driveways and access roads, shall be surfaced in a
manner so as to prevent the listed conditions. An acceptable surface includes concrete,
asphalt, asphaltic concrete, or decomposed granite with oil.
The Contractor shall provide service to the public twenty-four (24) hours a day, seven (7) days a
week so that an owner may pay towing and storage fees at the Storage Yard where their vehicle
is stored and obtain its release.
The Contractor is responsible for the reasonable care, custody, security, and control of any
property contained in towed or stored vehicles. All items removed from a vehicle or left stored
within the vehicle shall be released to the owner or agent of the impounded vehicle upon demand
during normal business hours unless the vehicle is under Police Evidence Hold.
9.8 Minimum Lighting Requirements - Storage Lot
There must be adequate lighting, and all yard and office construction must comply with
applicable building codes, fire codes, and zoning regulations. The minimum lighting
requirements per ten thousand (10,000) square feet are in effect unless zoning or other local
regulations dictate increased or diminished lighting requirements:
1. Four (4) 300-Watt incandescent medium -wide flood lights, or
2. Three (3) 300-Watt quartz halogen lights, or
3. Two (2) 100-Watt high-pressure sodium lights.
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 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.
3. Garage Keepers minimum of one million dollars per occurrence ($1,000,000.00).
4. On Hook/Cargo in amounts not less than one hundred thousand dollars
($100,000.00).
5. Workers' Compensation coverage in accordance with the laws of the State of
California. Policy must contain a Waiver of Subrogation of Rights against the
City of National City.
10.2 Primary Insurance
The aforementioned policies shall constitute primary insurance as to the City, its officers,
employees, and volunteers, so that any other policies held by the City shall not contribute to any
loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to
the City of cancellation or material change. Said policies, except the workers' compensation
policy, shall name the City and its officers, agents and employees as additional insured's.
10.3 Claims Made vs. Occurrence Form
If required insurance coverage is provided on a "claims made" rather than "Occurrence" form,
the Contractor shall maintain such insurance coverage for three years after expiration of the term
(and any extensions) of this Agreement. The policy retroactive date coincides with or precedes
Contractor's commencement of work under this Agreement (including subsequent policies
purchased as renewals or replacements).
10.4 A22re2ate Insurance Limits
Any aggregate insurance limits must apply solely to this Agreement.
10.5 Insurance Company
Insurance shall be written with only California admitted companies which hold a current policy
holder's alphabetic and financial size category rating of not less than A; VIII according to the
current Best's Key Rating Guide, or a company of equal financial stability that is approved by the
City's Risk Manager. Any deductibles more than ten thousand dollars ($10,000) shall be declared
and approved by City.
10.6 Insurance Certification Requirement
This Agreement shall not take effect until certificate(s) or other sufficient proof that these
insurance provisions have been complied with, are filed with and approved by the City
Purchasing Agent at 2100 Hoover Avenue National City, California 91950. If the Contractor
does not keep all of such insurance policies in full force and effect at all times during the terms
of this agreement, the City may elect to treat the failure to maintain the requisite insurance as a
breach of this Agreement and may terminate this Agreement as provided herein.
36
10.7 Insurance Requirement - Renew Option
If this Agreement is extended beyond its original term pursuant to section 3.3, the insurance
provisions may be updated at the option of City.
10.8 Limitations of Liabilities and Obligations
The foregoing requirements as to the types and limits of insurance coverage to be maintained by
the Contractor, and any approval of said insurance by the City, are not intended to and shall not
in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor
pursuant to the Agreement, including, but not limited to, the provisions concerning
indemnification, section 2.10.
10.9 Sub -Contractor Insurance Requirement
Contractor shall make certain that all subcontractors hired by Contractor are insured in
accordance with this Agreement. If any subcontractor's coverage does not comply with the
foregoing provisions, Contractor shall indemnify and hold City harmless of and from any
damage, loss, cost, or expense, including attorneys' fees.
11.0 CONSTRUCTION of AGREEMENT
The parties acknowledge and agree that (1) each party is of equal bargaining strength; (2) each
party has actively participated in the drafting, preparation and negotiation of this Agreement; (3)
each such party has consulted with or has had the opportunity to consult with its own,
independent counsel and such other professional advisors as such party has deemed appropriate,
relative to any and all matters contemplated under this Agreement; (4) each party and such
party's counsel and advisors have reviewed this Agreement; (5) each party has agreed to enter
into this Agreement following such review and the rendering of such advice; and (6) any rule or
construction to the effect that ambiguities are to be resolved against the drafting party shall not
apply in the interpretation of this Agreement, or any portions hereof, or any attachments, or any
amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and
year first above written.
CITY OF-N TIONAL CITY
By:
Nick Inzunza, Mayor
APPROVED AS TO FORM:
George H. Eiser, Ill
City Attorney, City of National City
10,C,e By:
37
MOYNAHAN TOWING
%rG'
Tom Moynal( n
n
(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
• NOTIFICATION OF LIEN SALE Vehicle valued at less
than $4.000, (22851.12 CVC).
$70.00
• NOTIFICATION OF LIEN SALE Vehicle valued at over $4,000.
(22851.12 CVC).
$100.00
• POLICE EQUIPMENT TOWING Inside jurisdictional limits of
National City.
No Charge
• CITY EQUIPMENT TOWING Includes all City vehicles.
Also includes police vehicles towed from outside jurisdictional
limits of National City.
$50.00
CITY ADMINISTRATIVE FEE'S
• NEGLIGENT VEHICLE IMPOUND RELEASE FEE $55.00
• SERIOUS TRAFFIC OFFENDER PROGRAM FEE $150.00
39
ATTACHMENT B
Pursuant to Section 7.9 of this Agreement, the Negligent Vehicle Impound Release Fee shall
apply to vehicles impounded pursuant to the following California Vehicle Code sections
and/or National City Municipal Code sections. One or more the listed sections must be
included on the impounding documents.
22500 Et seq.
22500.1
22651 (a)
22651 (b)
22651 (d)
22651 (e)
22651 (h)
22651 (i)
22651 (j)
22651 (k)
22651 (1)
22651 (m)
22651 (n)
22651 (o) (1)
22651 (p)
22651 (r)
22652
22653 (c)
22655 (a)
California Vehicle Code
Prohibited Stopping, Standing, or Parking
Prohibited Stopping, Standing, or Parking: Fire Lane
Unattended on Bridge
Hazard to flow of traffic
Blocking a driveway
Blocking fire hydrant access
Operator taken into custody - not practical to park or lock
Unpaid parking citations
Illegally parked and no evidence of registration displayed
Parking over 72 hours
Temporary tow away signs for street repair
Highway authorization for other use, with 24-hour notice
No parking tow away signs posted
Expired registration in excess of six months
Unlicensed or suspended/ revoked license in violation of 12500,
14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604.
Illegally parked, blocking a legally parked vehicle
Illegally parked in designated handicapped parking space
Removal from private property, at request of property owner,
when operator is taken into custody
Hit & Run suspect vehicle
40
22656 Illegally parked or abandoned within 7 '/2 feet of nearest railroad rail
22669 Et seq. Removal of Abandoned Vehicles as determined pursuant to
section 22523 CVC
National City Municipal Code
11.32.060 Illegally parked - 72 hour violation - vehicle removal
11.32.070 Illegally parked - Restricted hours - vehicle removal
11.32.160 Illegally parked - Emergency parking - vehicle removal
11.32.250 (e) Illegally parked - Taxi Stand - vehicle removal
41
ATTACHMENT C
Pursuant to Section 7.14 of this Agreement, the Serious Traffic Offender Program Fee shall
apply to vehicles impounded pursuant to the following California Vehicle Code Sections. One
or more of the following sections must be included on the impounding documents.
California Vehicle Code
22651(p) Includes Sections 12500, 14601, 14601.1, 14601.2, 14601.3,
14601.4, 14601.5 or 14604.
22651(h)(2) Upon service of notice of an order of Suspension or
Revocation, pursuant to 13388 CVC.
14602.6 Unlicensed, Suspended or Revoked and involved in traffic collision.
Sub -section (b) - Certified Mail, 2-day notice to legal owner. Failure to
notify legal owner results in maximum fee for 15 days vehicle storage.
14602.7 Fleeing a Peace Officer - Court Order upon affidavit of Peace
Officer, to seize vehicle, not to exceed 30 days. Failure to notify
legal owner (2 days notice) results in maximum fee for 15 days
vehicle storage.
14607.6 Impoundment and Forfeiture of Motor Vehicle.
42
04/i7/2000 11:23 FAX 806 38A8030 CENTERPOINTE
II001
CENTERPOINTE
INSURANCE SERVICES, LTD,
807 B CAMARILLO SPRING y ROAD, CAMARILLO, CA. 93012-9463
805-384-1166, 800-451-8766 FAX: 805-384-8036
E-MAIL ADDRESS LOIJ1SC@CP1INS.COM
CENTERPO
TO: TOM MOYNAHAN'S
California License 0073:5759
[NTE FAX MESSAGE
FAX #: 1.619-477-6589
ATTN: TOM MO'YNAHAN
FROM: LOU CIARIMBOLI
RE: Umbrella policy for National City police Tow contract
TOTAL NUMBER OF PAGES INCLUD
ING COVER SHEET:
DATE: 2-17-06
Dear Tom; I have applied for the Umbrella coverage required by our new National Ci olive Tow contract. The
additional 2 million limits will be in place for the 4-
-06 start of the contract. The carrier is an "A" rated, California
admitted company, TOM Insurance and we will issue new certificates for the contracts at 2 million General
Liability and 2 million Auto Liability well in advance of the 4-106 start date.
Ifyou have any questions, please feel free to contact me.
SIGNED: LOU CIARIMBOLI
02/17/2008 11:23 FAX 805 384 8030 CENTERPOINTE l 002
(�I CENTERPOINTE
p INSURANCE SERVICES, LTD, California License #0735759
807 B CAMARILLO SPRINGS ROAD, CAMARILLO, CA. 93012-9463
805-384-1166, 800-451-8766 FAX: 805-384-8036
E-MAIL ADDRESS LOUISC@CP11NS.COM
TQ: Lemac & Assoc
FAX #:
ATTN: Barbara Higgins
CENTERFOINTE FAX MESSAGE
FROM: LOU ICIARIMBOLI
RE: TOM MOYNAHANPS
DATE: 2-17-06
TOTAL NUMBER OF PAGES INCLUDING COVER SHEET:
Drtu Dwtnuu, .A.W.404,4 is « y fin Dewwa L:u .iLUj ywtity Ain %Au luaus, tea, Tvus, LLvruuts,ws,b, Ttaia wa,iywiy just
renewed their National City police tow contract, off; 4-1-06 and the new contract requires them to have 2 mm
liability limits .for QL and AL Please quote this asap for short teen policy 4-1-06 to 8-1-06 renewal and we will
annualize the policy at them time.
Please advise if them is any other information you will require to place this coverage on behalf of our client.
SIGNED: LOU CIAP1MBOLI
ACORD., CERTIFICATE OF LIABILITY INSURANCE
PRODUCER
Centerpointe Insurance Service
California License #0735759
807 - B Camarillo Spring's Road
Camarillo CA 9301.-444
INSURED THOMAS MOYNAHAN
DBA: TOM MOYNAHAN'S
3200 NATIONAL CITY BLVD.
NATIONAL CITY, CA 90255
COVERAGES
1
TOMM00
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
INSURER A: T,=NCOT__ .N_GENF.RAT, TN.STTRANC
INSURER
INSURER C:
INSURER 0:
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
ADD'L
JNSRD
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATEJMM/DD/VYI
POLICY EXPIRATION
DATE (MM/DO/YVI
LIMITS
A
GENERAL LIABILITY
LTP100210-63
08/05/2005
08/05/2006
EACH OCCURRENCE
$ 1,000,000
COMMERCIAL GENERAL LIABILITY
DAMAGE TO RENTED
PREMISES (Ea occurenca
S 1 00, 000
I CLAIMS MADE xJ OCCUR
MED EXPIAny one person)
S
PERSONAL&ADVIN.IURY
5,000
6 1, 0014_000
$
GENERAL AGGREGATE
GEN'L
�
AGGREGATE LIMIT APPLIESPPER:
PRODUCTS • COMP/OP AGO
2 , 00_0 , 0'00
8 000, 000
POLICY JECT I 1 LOC
,
A
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
LTP100210-03
08/05/2005
09/05/2006
COMBINED SINGLE LIMIT
(Fa accident)
B
1,000,000
9
BOr persI
IPaersprlN
At
^x_
1T
BODILY INJURY
(Per accident)
9
PROPERTY DAMAGE
(Per accident)
$
GARAGE
LIABILITY
ANY AUTO
AUTO ONLY -EA ACCIDENT
OTHER THAN EA ACC
$
AUTO ONLY: ADS
$
EXCESSNMBRELLA
I
LIABILITY
EACH OCCURRENCE
$
OCCUR I I CLAIMS MADE
AGGREGATE
B
DEDUCTIBLE
RETENTION S
S
S
I
S
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNERIEXECUTIVE
OFFICER/MEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
WCSTATU- IOTH-
TORY LIMITS ER
E.L. EACH ACCIDENT
S
F.L_ DISEASE • EA EMPLOYEE
S
E.L. DISEASE -POLICY LIMIT
S
A
OTHER
ON-HOOK/CARGO
LTP100210-03
08/05/2005
08/05/2006
PER VEH.SCHED
$1000 DEDVCTBL
150000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
'I
GARAGEKEEPERS LEGAL LIABILITY- $150,000 LIMIT; UNINSURED MOTORIST BODILY
INJURY - $60,00 LIMIT
CERTIFICATE HOLDER
CITY OF NATIONAL CITY
BUSINESS LICENSE DIVISION
1243 NATIONAL CITY BLVD.
NATIONAL CITY, CA 91950-4397
ACORD 25 (2001 /O81
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 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.
AUTHORIZED REPRESENT T
gn
° ACORD CORPORATION 1988
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Dalla, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
May 8, 2006
Mr. Tom Moynahan
Moynahan Towing
3200 National City Blvd.
National City, CA 91950
Project: National City Towing and Impound Services Contract, Resolution
No. 2006-57.
Dear Mr. Moynahan:
On March 31, 2006, the City Council of the City of National City passed and
adopted Resolution No. 2006 - 57, awarding a contract to Moynahan Towing.
We are pleased to enclose a fully executed contract and one certified copy of the
Resolution for your records.
Should you have any questions, please contact Mr. Adolfo Gonzales, Chief of
Potic,e at (619) 336-4380.
Sincerely,
Michael R. Dalla
City Clerk
MRD
Enclosure
cc: Police
File C2006-14
806-1-1
® Recycled Paper
RESOLUTION NO. 2006 — 57
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
ACCEPTING TWO PROPOSALS FOR THE
POLICE DEPARTMENT TOWING AND IMPOUND SERVICES AGREEMENT,
OVERRULING ALL PROTESTS, AND AUTHORIZING THE MAYOR
TO EXECUTE AGREEMENTS WITH MOYNAHAN TOWING
AND JC TOWING, INC. 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 vendors in order to establish new agreements; and
WHEREAS, 8 proposals were received in response to the RFP by the February
3, 2006 due date; and
WHEREAS, extensive administrative review and site evaluations were conducted
for all companies that submitted proposals, and companies were ranked according to how well
:hey met or exceeded the RFP requirements; and
WHEREAS, the Police Department and Purchasing Department recommended
that agreements for a term of three years be entered into with Moynahan Towing and JC Towing,
as the companies best qualified to provide the required level of service; and
WHEREAS, the City Council finds and determines that the RFP process was
ularly and properly performed, and the City Council overrules all protests to the RFP process
7d to the recommended agreements.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute Agreements for Police Department
owing and Impound Services with Tom Moynahan 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 :21st day of March, 2006.
Fo" eec
ck Inzunza, Mayor
ATTEST:
Michael R. : Ila, ' ity 'erk
APPROVED AS TO FORM:
George H.1riser, Ill
City Attorney
Passed and adopted by the Council of the City of National City, California, on March 21,
2006, by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Zarate.
Nays: lnzunza.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
By:
NICK INZUNZA
Mayor of the City of National City, California
//
City Crerk of the City of/.lational City, California
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2006-57 of the City of 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 National City, California
COUNCIL AGENDA STATEMENT
March 21, 2006
MEETING DATE
23
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.
PREPARED BY Brenda E. Hodges, C.P.M.'"-teP*ARTMENT Purchasing Dept. x4570 EXT.
EXPLANATION Sergeant Randy Bishop ( Police Dept. x4446
See attached
Environmental Review
N/A
MIS Approval
Financial Statement
n/a
Approved By: nla
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) Resolution No. aOb (9
1) Explanation 4) Cost Proposals (Pg C1) 8) Protest Letter: Rancho Del Oro (Pg F1-6)
2) Admin. Evaluation: Purchasing (Pg Al) 5) Bidder List/Ranking (Pg D1) 9) Protest Letter: American Towing (Pg G1-12)
3) Site Evaluations: PoliceOept. (Pg 81-16) 6) Contracts (on file in Clerk's office) 10) Protest Response (Pg H1-11)
7) Protest Letters: RoadOne (Pg E1-11) 11) Resolution C 2066 ` /7
A-200 (Rev. 7/03)
<ed6 - 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 well they met or exceeded the RFP requirements.
As per previous contracts, the Police Department recommends awarding contracts to two
separate companies. It has been determined that Moynahan Towing and JC Towing are best
suited to provide the required level of service. Moynahan has provided towing services for the City
for many years. JC Towing more than meets the RFP requirements, and currently provides
service for CHP, Chula Vista and San Diego Police Departments. Road One Towing was ranked
third, and has been notified that their contract will expire.
Proposed rates were initially different between the two recommended companies. Therefore,
negotiations were conducted to equalize their proposals, so that standard, consistent rates could
be established for both.
Protests were received from three companies which are not being recommended for an award of
contract: Road One, Rancho Del Oro, and American Towing. The issues raised by these
protests are addressed in the attachments to 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.
RESOLUTION NO. 2006 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
ACCEPTING TWO PROPOSALS FOR THE
POLICE DEPARTMENT TOWING AND IMPOUND SERVICES AGREEMENT,
OVERRULING ALL PROTESTS, AND AUTHORIZING THE MAYOR
TO EXECUTE AGREEMENTS WITH MOYNAHAN TOWING
AND JC TOWING, INC. 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 vendors in order to establish new agreements; and
WHEREAS, 8 proposals were received in response to the RFP by the February
3, 2006 due date; and
WHEREAS, extensive administrative review and site evaluations were conducted
for all companies that submitted proposals, and companies were ranked according to how well
they met or exceeded the RFP requirements; and
WHEREAS, the Police Department and Purchasing Department recommended
that agreements for a term of three years be entered into with Moynahan Towing and JC Towing,
as the companies best qualified to provide the required level of service; and
WHEREAS, the City Council finds and determines that the RFP process was
regularly and properly performed, and the City Council overrules all protests to the RFP process
and to the recommended agreements.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute Agreements for Police Department
Towing and Impound Services with Tom Moynahan 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 21st day of March, 2006.
Nick Inzunza, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
PURCHASING
TOWING CONTRACT
ADMINISTRATIVE
EVALUATIONS
2/14/06
Movnahan
JC
RoadOne
Western
RdelOro
American
Cortes
Bradley
Received:
Addendum #1?
Y
Y
Y
Y
Y
Y
Y
Y
Addendum #2?
Y
Y
Y
Y
Y
Y
Y
Y
Addendum #3?
Y
Y
Y
Y
Y
Y
Y
Addendum #4?
Y
'Y
Y
Y
Y
Y
Y
Y
RFP Cover Sheet
Y
'Y
Y
Y
Y
Y
Y
Y
Business License?
Format (failure may = refection) Pq 4#G
Separated into Tech & Price Proposal
Y
'Y
Y
Y
Y
Y
NO
Y
One original and 3 copies of each
Y
Y
Y
Y
Y
Y
NO
Y
Site Eval:
See separate document from PD
Location (10 miles) (pg 14)
Hours (pg 14)
Equipment (pg15)
Employees (pg 14)
Dispatch (pg 19)
Tech Eval (Da 7)
ach section submitted
Y
Y
Y
Y
Y
Y
NO
Y
Do they meet technical specs
Experience, past performance
References included (pg 6)
Y
Y
Y
Y
Y
Y
Y
Y
Subcontractors included (pg 6)
Y
Y
Y
Y
Y
Y
NO
Y
CHP form included (pg 6)
Y
V'
Y
Y
Y
Y
NO
NO
Price Eval: (pq 8)
Pricing submitted
Y
Y
Y
Y
Y
Y
Y
Y
Conclusion:
Ok
Ok
Ok
Ok
Ok
Ok
DISQ**
Note *
DISQ**
This vendor disqualified for not meeting minimum administrative requirements
Note*
Located on same property as, and owned and operated by same owner as:
JC Towing.
NATIONAL CITY POLICE DEPARTMENT
MEMORANDUM
DATE: February 13, 2006 pp
TO: Dr. Adolfo Gonzales, Chief of Police (via chain of command) N-u'
FROM: Sergeant R. Bishop, Traffic Division
SUBJECT: Tow Contract Inspections/Recommendations
On Friday, February 3, 2006, the Request for Proposal (RFP) for tow contract bids was
closed. Eight (8) tow concerns submitted proposals for the contract. The following is a
list of prospective tow contractors and the locations of their vehicle storage lots:
American Towing, 140 Reed Court, Chula Vista
Bradley Towing, 2501 Faivre Street, Chula Vista
Cortes Towing, 996 Otay Valley Road, San Diego
JC Towing, 2501 Faivre Street, Chula Vista
Moynahan's Towing, 3200 National :City Blvd., National City
Rancho Del Oro Towing, 9063 Airway Road, San Diego & 1167 W. Palm Ave., El Cajon
Road One Towing, 3333 National Ave., San Diego
Western Towing, 1187 Walnut Ave., Chula Vista
On February 8 and 9, 2006, Sergeant R. Bishop and A.V.A. Officer A. Vergara visited
and inspected the storage lots for all of the above listed tow concerns. Refer to the
attached inspection checklists for details of the inspections. The following is a summary
of the site visits:
American Towing: This operator is a relatively small family operated business. 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). They
have no procedures in place to reconcile billing for 30-day holds.
The tow concern does not adequately meet: the requirements of the RFP in the following
matters: no "sub -garage" tow vehicle capable of accessing the Police Department's
.secured parking facility (extremely important) and 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).
The following are areas of concern with this bidder: The company uses an answering
service for after-hours calls. The answering service operator then notifies the on -duty
driver of the call. In the event a driver is given a bad address or needs further assistance
to locate an officer, the use of the answering service could be problematic. I attempted to
call the business to notify them of my pending 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 ate 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
3 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 -site and 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 secureevidence storage. The business will secure the tent areas with chain link
fencing to meet the requirements of the RFP. 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 maiming the police impound office. Practices at the lot call for office
personnel to leave the main office and staff the police impound facilityonlyif 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 vehiclesareavailable 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 isno 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.
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 clearly posted outside the business office. Current
office hours for this facility are 0800-1700 hours on weekdays. After hours access to
office staff and/or the storage yard require scheduling an appointment with a driver who
would be assigned to respond to the yard. It is unknown what the average wait time for
this service would be.
The number of trucks assigned to this lot varies. However, in the event a primary tow
vehicle was not immediately available, another vehicle could be summoned from a
nearby area. Usually, this could be accomplished within the required 20-minute time
frame. The company has several "sub -garage" vehicles available to access the Police
Department secured parking facility. However, 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 each 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 area ifthe lot becomes
full. The storage lot, however, is not as secure as the primary facility.
It appears that Western Towing may be capable of meeting the general, if not specific,
needs of the National City Police Department. Without being able to gain better insight
into their practices and procedures, I am hesitant to recommend this bidder for serious
consideration.. I am also concerned about how a prospective vendor would perform once -
awarded a contract when he would not take 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
potential contractors, I recommend them in the following order (ranked from most
preferred to least preferred):
1. Moynahan's Towing
2. JC Towing
3. Road One Towing
4. Western Towing
5. Rancho Del Oro Towing
6. American Towing (in my opinion, did not meet RFP criteria)
7. Cortes Towing (in my opinion, did not meet RFP criteria)
8. Bradley Towing (not seriously considered due to association with JC Towing)
In addition to making recommendations regarding 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
Prospective Contractor
TOW RFP INSPECTION
American Towing, 140 Reed Court CV 2/8/06 1215
Business license
X
Current in jurisdiction
2
24 hour phone contact
O .
Pager/cell/office staff, after hours answering service in cell contact w/driver
2
24 hour office staff for release
O
Office at yard (open minimally 0800-1800), currently 8:30 —5 Mon -Fri
O
Access to vehicle by R/O 24 hours, after hours by paging driver to return to lot
O
Fee schedule posted in office, limited fees posted, fees not specific bracketed
X
Accept credit card and cash
O
Cash on handfor change, office staff/mgmt. would respond after hours,:
--
Procedure in place to post reconciliations, not at this time no LE contracts/expert
Invoices itemized with all charges
Tow truck requirements
X
3 wl dual rear wheels and GVWR in excess of 14,500 lbs., 11 trucks
--
1 sub -garage vehicle, no vehicle dedicated
Truck equipment
O
2 way radio,cell phone and pagercontactwith driver
X
8
8000 lb. capacity
X
D
Dollies on each vehicle
X
CHP inspection certificate for each vehicle
Lot requirements
X
Within ten miles of City boundary, 8.3 miles from PD
X
Minimally 10,000 square feet, large crushed stone lot
X
E
Enclosed, 8' chain link fence
X
Alarmed, CCTV, electric fence, nighttime security guard on site
X
Lighting: flood lights
X
D
Drainage: no standing water
--Secured
evidence storage, no facility to secure evid. Vehicles
X
Paved examination area. has vehicle lift anti plprrrp;t„ f,,,,,..,.,e,.°a.
comments: contract with USPB, start CVPD contract Mar. 2006.
small family owned business, no experience with municipal LE contracts/30 day
hold procedures limited office availability: 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 Otay 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 R/O.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 GV WR. in excess of 14,500'lbs., 6 trucks
1 sub -garage vehicle, none
Truck equipment
2 way radio, primary comm. is-celphone
8000 lb. capacity
Dollies on each vehicle
CHP inspection certificate for each vehicle
Lot requirements
Within ten miles of City boundary, lotis 13. 8 miles from PD hard to find
Minimally 10,000 square feet, small crushed stone lot
Enclosed, 6' chain link, must move 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 after hours, lot is difficult to locate on Door dirtroads, quitea 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
�i�
TOW RFP INSPECTION
Prospective Contractor JC Towing, 2501 Faivre CV, 2/8/06 1100
B
Business license
X
Current in jurisdiction
24 hour phone contact
X
Pager/cell/office staff, staffs own dispatch center
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
Invoices itemized with all charges
Tow truck requirements
X
3 w/ dual rear wheels and GVWR in excess of 14,500 lbs., 40 total, 9 on lot, 22
new
X
1 sub -garage vehicle, 4 avail. plus has offered fork lift
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
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
2
TOW RFP INSPECTION
Prospective Contractor Moynahan's Towing, 3200 NCB, 2/8/06 1530
X
Business license
Current in jurisdiction
2
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
X
Fee schedule posted in office, all fees posted for police and private
X
Accept credit card and cash
X
X
X
X
X
X
X
X.
X
X
X
X
X
X
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 14,5001bs., 9 trucks
I sub -garage vehicle
Truck equipment
2 way radio
8000 lb. Capacity
Dollies on each vehicle
CHP inspection certificaje for each vehicle
Lot requirements
Within ten miles of City boundary, within city Iimits 1 mile from PD
Minimally 10,000 square feet, clean crushed rock
Enclosed, stucco cement/wrought iron fence
Alarmed, CCTV with staff on site 24 hrs
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
313
TOW RFP INSPECTION
Prospective Contractor Rancho Del Oro, 9063 Airway SD/1167 W. Palm EC,
2/8-9/06 1015/0930
B
Business license, business office in Del Mar, serves prim. N and E county
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 R/O 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 RFP 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 dispatched after hours
X
X
X
X
X
X
X
x
X
X
X
X
X,
X
Fee schedule posted in office, no fees currently posted at yard office
Accept credit card and cash
Cash on hand for change
Procedure in place to post reconciliations, current vendor post 2X per month
Invoices itemized with all charges
Tow truck requirements
3 w/ dual rear wheels and GVWR in excess of 14,500 lbs.
1 sub -garage vehicle
Truck equipment
2 way radio, Nextel and pager as 'well
8000 lb. capacity
Dollies on -each vehicle
CHP inspection certificate for each vehicle
Lot requirements.
Within ten miles of City boundary, yard 3.2 miles from PD
Minimally 10,000 square feet, large (very full) crushed rock yard
Enclosed, 8' fence with concertina
Alarmed, CCTV with 24 hr..retrieval, motion sensor, for lot and bldg.
Lighting: flood lights, 6+
Drainage: no standing water
Secured evidence storage, interior garage cages
Paved examination area, inside garage 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 w/ driver
X
Fee schedule posted in office, many contracts, all fees posted
X
Accept credit card and cash
X
Cash on hand for change
X
Procedure in place to post reconciliations, currently does 30 day holds for others
I
Invoices itemized with all charges
T
Tow truck requirements
X
3 w/ dual rear wheels and GVWR in excess of 14,500 lbs. Unk. How many at this
O
1 sub -garage vehicle, several avail. but may require delayed resp. time
T
Truck equipment
O
2 way radio, Nextel
X
8000 lb. capacity
X
Dollies on each vehicle
X
CHP inspection certificate for each vehicle
Lot requirements
X
Within ten miles of City boundary, 5.8 miles from PD
X
Minimally 10,000 square feet, small crowded lot, has nearby overflow lot
X
Enclosed, tall fences block/chain link
X
Alarmed, office and garage only, CCTV
X
Lighting: flood lights
X
Drainage: no standing water
X
Secured evidence storage, garage can hold 3 cars, no physical separation inside
X
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
PURCHASING
TOWING CONTRACT
PRICE 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).
$135
$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
$150
$150
$180
$150
$140
$50
$185
$125
$180
LARGE SIZE - BASIC TOWING. includes first hour
hookup, labor, standby time, for vehicles over
22,000 GVW (unloaded
$200
$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.
$35
$40
$25/
qtr hr
$15
$20
??
$20
$30
$25
DOLLIES. Will only be used when there is not a
less expensive, safe manner of handling the
situation.
$50
$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 returns before the
,, vehicle is in transit.
$60
$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
$5
$4
$5
$4
$3
??
$5 after
5 mi
$5
$5
MAXIMUM STORAGE - PER DAY. Per day is
defined as a 24-hour period.
$35
$35
$20
$20
$20
$20
$20
$20
$20
STORAGE PER HOUR. Up to maximum of $35.00
per day.
$5
??
$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.
$50
$65
$40
$40
$65
NC??
$73
$75
$40
NOTIFICATION OF LIEN SALE. Vehicle valued at
less than $4.000, (22851.12 CVC).
$70
$70
$70
$70
$70
35??
$35
$50
$70
NOTIFICATION OF LIEN SALE. Vehicle valued at
over $4,000. (22851.12 CVC).
$100
$100
$100
$100
$100
$50
$70
$100
$100
POLICE EQUIPMENT TOWING. Inside jurisdictional
limits of National City
NC
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
$55
$55
$53
$55
$55
$150
??
$55
$53
SERIOUS 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 charge the same rates
Ct
Purchasing BID ANALYSIS / VENDOR RANKING 2/20/2006
Final
Vendor Location Ranking
1 Moynahan Towing National City 1
2 JC Towing Chula Vista 2
3 Road. One Towing San Diego 3
4 Western Towing San Diego 4
5 Rancho del Oro Co. Del Mar 5
6 American Towing Chula Vista 6
7 Cortes Towing San Diego 7
8 Bradley Towing San Diego 8
9 R & S Towing Lemon Grove Returned
10 Brother's Towing National City No Bid
11 Allied Gardens Towing San Diego No Response
12 Associated Towing San Diego No Response
13 C & D Towing La Mesa No Response
14 Sunset Towing National City No Response
15 Two -Bit Towing Chula Vista No Response
"1l
LUCE FORWARD
ATTORNEYS AT LAW • FOUNDED 1873
LUCE, FORWARD, HAMILTON & SCRIPPS LI.P
ROBERT L. YOUNG, 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.F.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.com
'good. 011e-
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
LUCL, 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 CLIP 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 proposed products 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. Moynahan'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.
E3
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.
10.
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@lucc.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 # GS0506-5
Supplemental Information
600 West Broadway
Suite 2600
San Diego, CA 92101
619.236.1414
619.232.8311 fax
www.luce.com
Dear Ms. Hodges:
Thank you for your email response to Mr. Ramsey of March 3, 2006. We are pleased that City
Staff is considering Road One's formal Protest of Award dated March 1, 2006. Put simply, we
cannot envision how National City could go forward on this Award with such egregious,
widespread and obvious bias and failures to follow the Request for Proposal ("RFP") written
guidelines.
Obviously, the Protest of Award materials previously submitted aremore than adequate to
compel either: (a) an award to Road One; or (b) a new RFP. However, it is important to note that
as Road One looks further into the RFP, the Proposals submitted and the "evaluation" thereof,
further questions and concerns are raised.
The objective of the RFP is clearly set forth in RFP Section I.D: Thegoal was (and is) to obtain
"the best' overall value to the city"(emphasis added). Regrettably, owing to a very flawed and
biased process, if not corrected, the outcome will be in the best interest of the tow companies and
provide no additional benefit to the City or to the public it is pledged to serve.
The RFP set an evaluation process that was not followed. The RFP required the Technical and
Price Proposals to be evaluated independently and that the Trice Proposal would carry greater
importance: "Technical ranking of proposals will be combined with the corresponding price
ranking to determine the final ranking for each proposal. Price will have greater weight than
technical merit (Section I' V. Basis of Award) (emphasis added).
CARMEL VALLEY/DEL MAR • Los ANGELES • SAN DIEGO • SAN FRANCISCO
Ii,
lZ.
LUCE FORWARD
ATTORNEYS AT LAW • FOUNDED 1873
LUCF, 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 RFP1
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.
1 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.
LUCE FORWARD
ATTORNEYS AT LAW • FOUNDED 1873
LUCE, 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 Staffs 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.
13. 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'swoefully 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 disqualify 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 RFP 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.
IS.
LUCE FORWARD
ATTORNEYS AT LAW • FOUNDED 1873
LACE, 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 as they have 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.
GV
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 of 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.
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.
eV)
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
SanDiego's Tr & Lea .r in Tc wing
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).
Z. • 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 years experience
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
pt
5.
$,
R.
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.
p, • 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.
!2.
IS.
Memorandum RDO Paragraph 4:
• Correction: There is a 40 foot cargo container at the Otay site that can be used for
secured storage.
• 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
15.
11 ,
• 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, 1-78, I-15)
➢ CHP El Cajon (1-8, 1-67, I-125)
➢ CHP San Diego (I-905, 1-805, 1-5)
➢ Carlsbad Police Department*
> El Cajon Police Department
➢ Encinitas Sheriff
➢ La Mesa Police Department
➢ San Marcos Sheriff
➢ Vista Sheriff
17 minutes
15 minutes
16 minutes
13 minutes
13 minutes
13 minutes
15 minutes
12 minutes
12 minutes
• Correction:.Both of the facilities which fit the requirements of this RFP are located
less than '/a 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 will actually 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
F3
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,
ter? ff
Simon Terry -Lloyd
Vice President
Enclosures
CC: Sergeant Randy Bishop
4
Fer
Attachment A
Directions from National City to San Diego Facility
wfU...,.'.'';rp3x...v,�,r27.#a.<t S+�•!+: k: i
I
1:[a k
2005 Yoliorulow..:. k'- 2005i A.4 TEt
10 Miles r..r,...,, ,rr
5
Directions:
• 805 S
• 905 E
• Airway Road right
• 9063 Airway Road
First parking lot on
the left.
12 miles driving.
r5
Directions from National City to El Cajon Facility
Oi•Ift
10 Miles
ari6n>it
6
• ry:r�`w03i3�µ� j f:
Directions:
• 94 E
• 125 N
• 8E
• Main Street Exit
• Marshall 1" right
• Palm 1•` right
• 1167 W. Palm Ave
Directly across the
road from the El
Cajon Trolley
Station and parking
lot.
11 miles driving
AmerieArTomi‘9\
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: rlsoffice@sbcg_lobal.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 Intent to 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 information that is privileged andconfidentiaL 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
RODNEY L.. SOLENBERGER, L.-t..M.
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 wider
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
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 be disqualified for not presently
meeting all requirements to perform the contract. Instead, the survey of physical assets and -financial
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 from _Purcha_ sing (Attachment A 1) consists of one page. The section
heading "Tech Eval (pg.7)" contains no entries for the subcategories of proposers meeting the
teehnieal-specifications and experience anapest performance. In contrast, the formerly least important
criterion of an inspection is included as a separate attachment entitled "Site Evaluation from Police
Dept" (Attachment Hi=B16) consisting of sixteen- 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 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 ofthe 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 1,
B2 and B9 of that memorandum which issoltarlIPA to the Council Agrnde 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 B 1, 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 live (5)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.
REP, 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 contracts." The RFP required only
"services of a simi sir scope and nature" that could be verified by the listed references.
Even if -during the evaluation process it was determined that the references would be
given little weight or would not be contacted, 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
experence in towing, searching, and impounding vehicles for governmental entities
was ignored.
2. Procedures to Reconcile Billing for 30-Day.Holds
A. Memorandum: "They have no procedures in place to reconcile billing for 30-day
holds." Attachment RI, 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.
Man-h 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 rather that infatuation 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, 'MAX._American Towing's Technical Proposal Response
expressly stated:
In it present form this application 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 Bl,
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 contractas 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 mentionofthe-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" requirement was the "Formal Agreement" that was attached as
Exhibit "C" to -the Addendum#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 awarded such afacility 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 efthe-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.
6144
Hodges, C.P.M.
March 6, 2006
Page 7 of 9
C. Response/rebuttal: As noted 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. Therewas nonotice that by
requiring the Contractor to "provide service to the public," the City's intent was
that office staff he 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, likeiy ber•anse an attempt to dictate such terms involvhrgtheperformance 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 followingparagraphs.
Communications with Drivers — The RFP contemplates and the contract requires
the Contractor to have a dispatch center or system. The Technical Proposal
expreccly noted that American Towinginstalls in each service vehicle radios that
enable communications with American Towing's office and dispatching
operation, and also iccini s drivers_ alphanumeric pagers to further aid timely
communication. The two-way radio dispatch system between drivers and
Ai.ie, lean 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 answering service. 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.
AfterHour&Contactwith_Company 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 am. 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
thit protest.
Limited Staff Availability After Hours — Given business realities, neither
American Towing nor any similar towing and impound operating company could
or should be expected to dedicate staff for after hours inquiries which is not
Hodges, C.P.M.
March 6, 2006
Pagc 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 to 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 ofthe tbwing
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,
R+ �' L. Solenberg
E-mail: rlsoffice®sbcglobai.net
�1�
EXHBIT "1"
610
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: All, 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: PM 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.
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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 Mt Fr: Adolfo Gonzales, Police Chief
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 filed 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
® 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
N=
and type of trucks, inspected the trucks, and saw nothing to indicate that they would not
meet the eventual CHP certification process. Since these are new trucks, he had no
reason to believe that they would not pass. This was taken into consideration as part of
the evaluation process.
Item #5. Moynahan's Proposal Completely Non -Responsive to the RFP. (response
submitted by Purchasing Agent).
The RFP (pg 5, #K1b) required that vendors address each paragraph in the Specific
Provisions and Specifications section. Road One correctly quotes the RFP that "Simple
`Yes', 'No' or `Comply' responses are insufficient". However, the proposal from
Moynahan Towing did in fact address each individual item, with more than 'yes' or 'no'
answers. Although Moynahan's proposal was not as detailed as other proposals received,
the City has personal knowledge of their qualifications, since they have been held the
City's contract for many years. Their written responses to the individual issues were
deemed sufficient when combined with the City's personal knowledge and experience
with this vendor. According to the Standard Terms and Conditions of the RFP (pg 3
#10), the City reserves the right to accept or reject any item, or waive any informality in
the process. Overly detailed technical information from a contractor who is currently
(and successfully) providing the service outlined in the RFP, is deemed unnecessary, and
therefore waived as an informality. Personal knowledge in this case is equally as
valuable as anything they could have submitted in writing.
Item #6. Moynahan's'Proposal Contains Overcharges and Omits Required Fees.
(response submitted by Purchasing Agent)
The change to the maximum storage rate per day was negotiated with both recommended
vendors during the final phase of the process. As stated in Item #2 above, 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 ona particular day. (Reference: Addendum 3, Clarifications
resulting:from questions submitted by Vendor #2.(RoadOne) `Pricing Submittal'; and
Page 21, Section IV of the RFP). Since the maximum rates were admittedly outdated
(ref Addendum 3, Clarifications resulting from questions submitted by Vendor #2
(RoadOne) `Pricing Submittal'), the decision was made by the Evaluation Committee,
during the negotiation phase, that an increase of this fee from $20/day to $35/day was
appropriate to better reflect industry standard.
Item #7. Neither JC Towing nor Moynahan's are in Compliance with California Lien
Sale Law. -(response submitted by Police Dept.)
'Moynahan's and JC indicate that they do comply with the state law. However, both
companies state that they have not secured "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 charges being liened against it at the time of sale.
-The Police Department contacted investigators at the Department of Motor Vehicles and
learned that while the practice of retaining excess fees from lien sales is prevalent in the
tow industry, they (the DMV investigators) are not aware of any instances where either
iA 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
for impounds. 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.
h. "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 5
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).
6
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. JC 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
IA 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 was documented 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.
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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 I 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
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Police Department has a larger concern that office staff would have to be
summoned from home to provide for after hours vehicle releases. American
staff provided this information during the site inspection. American indicated
that this was their protocol because they did not "trust" their after-hours
drivers to conduct the monetary transaction associated with the release.
Fee schedule posted in office: The fee schedule posted in the office of
American Towing brackets the majority of the posted fees. This was
inconsistent with the other tow concerns. The majority of sites inspected had
exact fees broken down by the impounding law enforcement agency and the
fees for private tows posted accordingly. The method used by American
could have the potential to create confusion regarding their fees and how the
fees are passed on to customers.
In summary, the Police Department has conducted a thorough review of the concerns
raised by American Towing and finds no justification to warrant any changes to the initial
site evaluation or award recommendation. Alone, none of the items listed above,
-disqualified American Towing from consideration of award. However, the totality of the
circumstances leads the Police Department to believe that other vendors are better suited
to fulfill the needs of the City.
Conclusion
The Police Department recommends that the number of contractors awarded this contract
be limited to two. Eight tow concerns submitted proposals for consideration. This means
that six of the companies involved would be eliminated during the recommendation
-process. The Police Department is confident the evaluations and recommendations were
made in complete fairness to all involved parties. The Police Department
recommendations are made in the best interest of the Police Department, the City of
National City and its residents. Other than mentioned in the initial report or this response
to their protests, no negative inference or derogatory statement is made toward Road One,
Rancho Del Oro or American Towing. Based on the evaluation process, the companies
recommended are better suited to fill the needs of the National City Police Department at
this time.
The Purchasing Agent is confident that the bid solicitation and evaluation processes were
conducted fairly, and without bias. The recommendation was made based on the
submitted proposals, site evaluations, price evaluation and past experience. After final
review of the original proposals, and the research conducted as a result of the protest
process, the recommendations for award remain unchanged, and are being made in the
City's best interest.