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HomeMy WebLinkAbout2021 CON Alexandra Investments, Inc. DBA Angelo's Towing & Recovery - Towing and Impound ServicesAGREEMENT BY AND BETWEEN CITY OF NATIONAL CITY AND ALEXANDRA INVESTMENTS, INC. DBA ANGELO'S TOWING & RECOVERY FOR TOWING AND IMPOUND SERVICES October 1, 2021- September 30, 2023 TABLE OF CONTENTS Title & Section Pale Number Agreement for Towing and Impound Services 1 Recitals 1 1.0 DEFINITION OF TERMS 1.1 Police Tow 2 1.2 Police Referral Tow 2 1.3 On Demand Tow 2 1.4 Secondary Tow 2 1.5 Collision Tow 2 1.6 Response Time 2 1.7 Dispatch Center 3 1.8 Contract Year 3 1.9 Fee Schedule 3 1.10 Towing Program Fee 3 1.11 Negligent Vehicle Impound Release Fee 3 1.12 Administrative Review Fee 3 2.0 ADMINISTRATION AND MANAGEMENT OF AGREEMENT 2.1 Agreement Approval 4 2.2 Entire Agreement 4 2.3 Administration of Agreement 4 2.4 Cooperation and Consultation 5 2.5 Compliance with Applicable Law 5 2.6 Licenses, Permits, Etc. 5 2.7 Disputes 5 2.8 Mediation I Arbitration 6 Contract for Towing & Impound Services Oct 1, 2021 —Sept 30, 2023 City of National City and Alexandra Investments, Inc. DBA Angelo's Towing & Recovery 2.9 Legal Fees 6 2.10 Indemnification and Hold Harmless 6 2.11 Business Records (10650 CVC et seg.) 7 2.12 Prohibition Against Use of Privileged Information 7 2.13 Independent Contractor 7 2.14 Assignment 8 2.15 Workers' Compensation 8 2.16 Non -Discrimination Provision 8 2.17 Conflict of Interest and Political Reform Act Obligations 8 2.18 Termination of Agreement 9 2.19 Charges and Fees 10 2.20 Inspection 10 2.21 Notice of Termination 10 3.0 TERMS OF AGREEMENT, OPTIONS, RENEW AND RE -OPENERS 3.1 Duration 11 3.2 Relevant Dates 11 3.3 Option to Renew 11 3.4 Re -Opener Clause — Towing Program Fee 12 3.5 Re -Opener Clause - Fee Schedule 12 3.6 Re -Opener Clause — Administrative Review Fee 12 4.0 RESPONSE TIME, EXCEPTIONS AND PENALTY ASSESSMENT 4.1 Response Time 12 4.2 Response Time Computation 13 4.3 Response Time - Penalty 13 4.4 Response Time - Penalty Assessment 13 5.0 ON -CALL CONTRACTOR AND CONTRACTOR ROTATION SCHEDULE 5.1 Contractor On -Call & Rotation 13 ii Contract for Towing & Impound Services Oct 1, 2021—Sept 30, 2023 City of National City and Alexandra Investments, Inc. DBA Angelo's Towing & Recovery 6.0 GENERAL DUTIES, REQUIREMENTS AND OBLIGATIONS 6.1 Business License . 14 6.2 Contractor Availability - Response to Service Requests 14 6.3 Contractor Towing Forfeited Vehicles 15 6.4 Contractor Availability - Vehicle Release .. 15 6.5 Business Office 15 6.6 Business Office Hours 15 6.7 Contractor's Employees 15 6.8 Signs 16 6.9 Method of Payment - Towing or Storage Charges (22651.1 CVC) 17 6.10 Storage of Vehicles; City, Seized 17 6.11 Removal from Private Property 17 6.12 Notice to City - Private Property Impounds . 17 6.13 Gratuities (12110 CVC) ...... 18 6.14 Tow Truck Driver - On Scene Duties . 18 6.15 Access to Stored Vehicles 19 6.16 Access to Stored Vehicle - Removal of Private Property . 19 6.17 Access to Evidentiary Vehicles .. 19 6.18 Invoices ... 19 6.19 Vehicle Impound Control Card (PD form 250) 19 6.20 Proceeds from Lien Sale ... 20 7.0 FEES 7.1 Fee Schedule ... 20 7.2 Secondary Tow Fees 21 7.3 City Vehicle Tow Fees 21 7.4 Fees - Police Department Errors and Omissions .. 21 7.5 Towing Program Fee 22 Contract for Towing & Impound Services iii City of National City Oct 1, 2021 —Sept 30, 2023 and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 7.6 Towing Program Fee - Due Date 22 7.7 Towing Program Fee - Late Fee 22 7.8 Towing Program Fee - Payments 23 7.9 Negligent Vehicle Impound Release (NVIR) Fee 23 7.10 NVIR Fee 23 7.11 NVIR Fee - Payment Due Date 23 7.12 NVIR Fee - Payments 24 7.13 NVIR Payment - Late Fee 24 7.14 Administrative Review Fee 24 7.15 Impound Fees - Due Date 24 7.16 Fee — Payment 25 7.17 Fee - Late Fee. 25 7.18 30-Day Vehicle Impound Fees 25 8.0 VEHICLE RELEASE 8.1 General Rule - Vehicle Release 26 8.2 Exceptions to General Rule. 26 8.3 Hit & Run Investigations - Mandatory Release (22655(b) CVC). 26 8.4 Questions, Problems, or Controversy Associated with Vehicle Release 26 8.5 Expert Training - DMV Document Identification 26 9.0 MINIMUM TRUCK EQUIPMENT AND STORAGE LOT REQUIREMENTS 9.1 Minimum Tow Truck Requirements. 27 9.2 Minimum Tow Truck Equipment Requirements 27 9.3 Tow Truck Identification 28 9.4 Tow Truck Lighting Equipment. 28 9.5 California Highway Patrol Inspection Certification. 28 9.6 Tow Truck Maintenance. 29 Contract for Towing & Impound Services iv City of National City Oct 1, 2021 —Sept 30.2023 and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 9.7 Storage Lot, Minimum Requirements. 29 9.8 Minimum Lighting Requirements - Storage Lot. 30 9.9 Vehicle Examination Area. 30 9.10 Secure Area - Evidentiary Vehicles 30 9.11 Special Operations. 30 10.0 INSURANCE REQUIREMENTS 10.1 Minimum Insurance Requirements... 31 10.2 Primary Insurance. 32 10.3 Claims Made vs. Occurrence Form 32 10.4 Aggregate Insurance Limits 32 10.5 Insurance Company 32 10.6 Insurance Certification Requirement 32 10.7 Insurance Requirement - Extension Option 32 10.8 Limitations of Liabilities and Obligations. 33 10.9 Sub -Contractor Insurance Requirement 33 11.0 CONSTRUCTION Of AGREEMENT 33 ATTACHMENT A Towing Fee Schedule 35 ATTACHMENT B NVIR Fee - Applicable CVC & NCMC Sections 35 ATTACHMENT C Fee - Applicable CVC Sections 39 Contract for Towing & Impound Services V City of National City Oct 1, 2021 —Sept 30, 2023 and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery AGREEMENT FOR TOWING AND IMPOUND SERVICES BETWEEN THE CITY OF NATIONAL CITY AND ALEXANDERA INVESTMENTS, INC. DBA ANGELO'S TOWING & RECOVERY This Agreement for Towing and Impound Services ("Agreement") is made and entered into in the City of National City, State of California, on this 25th day of August , in the year 2021, by and between the City of National City, a municipal corporation ("City"), and Alexandra Investments, Inc., D.B.A. Angelo's Towing & Recovery ("Contractor") for towing and impound services. RECITALS Whereas, the City of National City 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 National City Municipal Code, ordinances and regulations of the City of National City; and Whereas, the City has adopted a process for the selection and designation of professional towing contractors to provide towing, impound and storage service upon the request of the National City Police Department; and Whereas, on May 6, 2021, a Request for Proposal ("RFP") was issued for towing and impound services for the City, to which Contractor responded; and Whereas, the tow committee comprised of City staff evaluated the proposals and presented their report to Council for consideration at the September 7, 2021 City Council meeting; Whereas, the staff report detailed the evaluation process, explained the evaluations of the proposals, including whether the proposals met the RFP requirements, and recommended awarding contracts to the top two operators; and Whereas, Contractor, participated in a competitive process through the RFP, and together with another towing contractor has been found to provide the best overall value to the City, including having the best qualifications and capability of providing the highest quality, professional towing services for the City of National City; and Whereas, the City of National City desires to have two towing and impound operators perform exclusive towing service within the City of National City and Contractor represents and warrants it is experienced and staffed in a manner such that it is capable and prepared to deliver the services required by the City of National City within the time frames herein provided, all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, the City of National City and Contractor mutually agree to the terms and conditions as follows: Contract for Towing & Impound Services 1 City of National City Oct 1, 2021 —Sept 30, 2023 and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery DEFINITION OF TERMS 1.0 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 or their agent of the vehicle is not required under existing law. This shall include but is not limited to the towing of motor vehicles that are illegally parked, abandoned, evidence in a criminal investigation, disabled due to collision or mechanical failure (pursuant to Section 22500 of the Vehicle Code) or otherwise subject to the authority of the National City Police Department. 1.1 Police Referral Tow shall mean the towing of a vehicle by the National City Police Department at the request of the vehicle owner, operator, or their agent. Examples include mechanically disabled vehicles, vehicles disabled as a result of collision, or any other circumstances where the public right-of-way is impacted. 1.2 On -Demand Tow means the towing of a vehicle by a towing company that has been requested by the vehicle owner, operator, or their agent, without police involvement. On -Demand tows may include owners or agents of private property landholders who arrange for vehicle towing service from private property without police involvement. If the police department becomes involved in arranging for tow service, the matter isconsidered a "Police Referral Tow". On -Demand Tows are considered independent services outside the scope of this Agreement. 1.3 Secojidary Tow is defined as the impound of a vehicle on orders of police under the authority of California Vehicle Code Sections 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. 1.4 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 ofthe vehicle. If the vehicle is towed on orders of the investigating officer, the officer shall complete the Vehicle Report (CHP 180), citing 22500 California Vehicle Code as the authority for impound. No special hold or police authorized release is necessary. 1.5 Response Time is defined as the elapsed time between the relaying of the tow service request by the National City Dispatch Center or a City Employee to the Contractor and the arrival of the specific tow truck type requested to fulfill the tow need on scene. Under most situations, a call for field service will be relayed by the Police dispatchers via telephone to the tow contractors. However, there is a need to allow for direct requests to the tow contractor by any NCPD employee. This may be done by phone or in person to either the Contractor's dispatcher or to a tow truck driver that is already on the scene of an NCPD requested tow, when there is a need for additional services. Contract for Towing & Impound Services 2 City of National City Oct 1, 2021—Sept 30, 2023 and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 1.6 Dispatch Center is the Police Department's multifunction emergency and non - emergency telephone/radio operators. 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 October 1, 2021 and ends on September 30, 2022. The second contract year begins on October 1, 2022 and ends on September 30, 2023. There are two (2) successive years in this Agreement. 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 feeschedule is approved and authorized by a majority vote of the City of National City, City Council. The fee schedule includes itemized charges for numerous towing and storage services including but not limited to hook up fees, dolly fees, daily storage fees, after- hour release fees, etc. The Fee Schedule is Attachment A to this document. Attachment A and the fees may be adjusted as set forth in Section 7.0. 1.9 Towing Program Fee is a fee from Contractor to City and is authorized by California Vehicle Code Section 12110(b). It is defined as a quarterly fee charged to Contractor(s) by the City in connection with the award of a franchise for the towing services for the City. The Towing Program Fee is designed to compensate the City for its actual and reasonable costs incurred by the City to process and administer towing services. The Towing Program Fee may be adjusted during the term of this Agreement as set forth in Section 3.4 of this Agreement. The payment of the Towing Program Fee is setforth in Sections 7.5, 7.6, 7.7, and 7.8. 1.10 Negligent Vehicle Impound Release Fee ("NVIR") is authorized by the City Council. The Negligent Vehicle Impound Release Fee is defined as a fee charged to the owner, operator, or agent of a vehicle that violated certain specified sections of the California Vehicle Code or National City Municipal Code. The NVIR fee is one hundred twenty-four ($124) dollars. The NVIR fee may be adjusted during the term of theagreement as set forth in Section 7.0 of this Agreement. This fee is collected by Contractor on behalf of City. 1.11 Administrative Review Fee: is a fee charged to the vehicle owner, operator or agent and is collected by the contractor, on behalf of the City. The fee is one hundred and fifty ($150) dollars. The fee supports the staff time utilized to process and administer requests and appeals from unlicensed drivers for release of their vehicles prior to the 30 days prescribed by the California Vehicle Code. This includes a hearing with the Police Traffic Supervisor. The "Administrative Review Fee" may be adjusted during the term of the Contract at the discretion of the City _The fee off -sets the administrative costs of the program.This fee is charged to the vehicle owner, operator or agent and is collected by Contractor on behalf of City. The Administrative Review Fee may be adjusted during the term of this Agreement as set forth in Section 7.0. Contract for Towing & Impound Services 3 City of National City Oct 1, 2021 —Sept 30, 2023 and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery ADMINISTRATION AND MANAGEMENT OF AGREEMENT 2.0 Agreement Approval This Agreement for towing service shall become effective when the City Council of the City of National City has reviewed and approved the Agreement and it has been fully executed by Contractor. 2.1 ,Entire Agreement This Agreement supersedes any prior agreements, documents, negotiations and communications, oral or written, and contains the entire Agreement between the parties as to towing and impound services. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. 2.2 Administration of Agreement Each party designates the below individuals as the "Contract Administrator" for the party. The Contract Administrator is authorized by the party to represent the party in the administration of this agreement. The Contract Administrator shall monitor the progress and execution of this Agreement. The Contract Administrator may delegate duties and responsibilities to subordinates to insure functional management, supervision and operation of this Agreement. Contract Administrator for the City of National City Jose Tellez, Chief of Police National City Police Department 1200 National City Blvd., National City, CA. 91950 (619) 336-4511 Management and Operations Traffic Division Sergeant National City Police Department 1200 National City Blvd., National City, CA 91950 (619) 336-4475 Inspection & Operational Supervision Traffic Division Sergeant National City Police Department 1200 National City Blvd., National City, CA 91950 (619) 336-4475 Contract for Towing & Impound Services 4 City of National City Oct 1, 2021—Sept 30, 2023 and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery Contract Administrator for: Alexandra Investments, Inc., DBA Angelo's Towing & Recovery Nashwan J. Habib Angelo Habib Angelo's Towing & Recovery 1177 S. 26th Street San Diego, CA 92113 2.3 Cooperation and Consultation The designated City employee(s) and Contractor shall regularly consult during the term of this Agreement in order to achieve the objectives of this Agreement. Throughout the term of this Agreement, Contractor shall permit access to its offices, facilities, files and records relating to the operation and management of this agreement. Upon request of the City, the Contractor shall provide copies of files, materials or records relating to the towing, impound, and disposition of any vehicle towed as a result of this agreement. 2.4 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. 2.5 Licenses. Permits. Etc. Contractor represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession, and as required in the City's Request for Proposal for this Agreement. The Contractor represents and covenants that the Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this agreement, any license, permit, insurance or approval which is legally required for the Contractor to practice its profession. 2.6 Disputes Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under any term of this Agreement which is not disposed of by this Agreement shall be decided by the Chief of Police who will furnish the decision to the Contractor in writing. Contractor shall proceed diligently with performance of this Agreement pending receipt of the decision of the Chief of Police. The decision of the Chief of Police is final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, arbitrary, capricious or so grossly erroneous as to necessarily imply bad faith. The "Disputes" clause does not and is not intended to preclude consideration of legal questions in connection with decisions provided in the above paragraph. Nothing in this Agreement shall be construed as making final the decision of any administrative official, representative, or council on a question of law. Contract for Towing & Impound Services 5 City of National City Oct 1, 2021—Sept 30, 2023 and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 2.7 Mediation / Arbitration If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego County, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The cost of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego County, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any courthaving jurisdiction over the subject matter of the controversy. The expenses of thearbitration shall be borne equally by the parties to the arbitration, provided that each partyshall pay for and bear the cost of its own experts, evidence and attorneys' fees, exceptthat the arbitrator may assess such expenses or any part thereof against a specified partyas part of the arbitration award. 2.8 Legal Fees If any party brings a suit or action against the other party arising from any alleged breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of- court settlement, shall be entitled to have and recover from the other party all costs and expenses of suit, including expert and attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorneys' fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorneys' fees to the prevailing party, if other than the City, shall not exceed the amount of attorneys' fees incurred by the City in its prosecution or defense of the action, irrespective of the actual amount of attorneys' fees incurred by the prevailing party. 2.9 Indemnification and Hold Harmless The Contractor agrees to indemnify, defend, and hold harmless the City of National City, its officers, employees, agents, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, defense costs or reasonable attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, many way resulting from, related to, or arising out of the Contractor's performance or otherobligations under this Agreement. The City will cooperate reasonably in the defense of any action, and Contractor shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term on this Agreement. Contract for Towing & Impound Services 6 City of National City Oct 1, 2021 —Sept 30, 2023 and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 2.10 Business Records (1O650 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 vendorto 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. 2.11 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 CriminalHistory information. 2.12 independent ontiactor 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. Contract for Towing & Impound Services 7 City of National City Oct 1, 2021 —Sept 30, 2023 and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 2.13 Assignment This Agreement contemplates the personal services of the Contractor and theContractor's employees, and it is recognized by the parties that a substantial inducement to the City for entering into this Agreement was, and is, the professional reputation and competence of the Contractor and its employees. Neither this Agreement nor any interest herein may be assigned by the Contractor without the prior written consent of the City. Nothing herein contained is intended to prevent the Contractor from employing or hiring as many employees as the Contractor may deem necessary for the proper and efficient performance of this Agreement. Contractor has represented it has sufficient staffing to perform pursuant to this Agreement. Contractor agrees it shall not subcontract any towing or impound services. Any other type of work that is subcontracted shall require written consent of the City. All agreements by Contractor with its subcontractor(s) shall require the subcontractor(s) to adhere to the applicable terms of this Agreement. 2.14 Workers' CQ3npensation 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 reasonable attorneys' fees and defense 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. 2.15 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. 2.16 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 Contract for Towing & Impound Services 8 City of National City Oct 1, 2021 —Sept 30, 2023 and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery or material for the project in which the Contractor has a material financial interest, either direct or indirect, without first notifying the City of that fact. The Contractor shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a direct or indirect financial interest as defined in Government Code Section 87103. The Contractor represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the City. Contractor further warrants and represents that Contractor will immediately advise the City Attorney if Contractor learns of an economic interest of Contractor's that may result in a conflict of interest for the purposes of the Political Reform Act, and regulations promulgated thereunder. The Contractor shall be strictly liable to the City for all damages, costs or expenses the City may suffer by virtue of any violation of this section by the Contractor. 2.17 Termination of Agreement A. This Agreement may be terminated with or without cause by the City. Termination without cause shall be effective only upon 60-day's written notice to the Contractor. During said 60-day period the Contractor shall perform all services in accordance with this Agreement. B. This Agreement may be terminated immediately by the City for cause in the event of a material breach of this Agreement, misrepresentation by the Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the City. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the Contractor as provided for in Section 2.21. D. In the event of termination, all finished or unfinished memoranda, reports, plans, specifications and other documents prepared by the Contractor, whether paper or electronic, shall immediately become the property of and be delivered to the City, and the Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the City by the Contractor's breach, if any. E. The City further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the Contractor; (2) a reorganization of the Contractor for the benefit of creditors; or (3) a business reorganization or change in business status of the Contractor. F. If Contractor is terminated during the period of performance for any of the reasons stated above or is no longer able to perform for any reason, then the City may unilaterally select another tow operator to replace the terminated or no longer performing Contractor. The selection of such other tow operator, and whether to select another tow operator, shall be at the sole discretion of the City. In the event another tow operator is Contract for Towing & Impound Services 9 City of National City Oct 1, 2021 —Sept 30, 2023 and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery selected by the City per this Section, that other tow operator will be required to comply with the same terms of this Agreement or its amendments, including the accepted and adopted fee rate schedule. 2.18 Charges and Feed Contractor is authorized and responsible for the collection of all applicable towing and storage charges, and any fee authorized or required by City to defray costs to City for the management and operation of this agreement, prior to releasing a vehicle. 2.19 Jnspection City shall require no less than an annual inspection of Contractor and its facilities to insure conformance and compliance with the provisions of the California Vehicle Code and this agreement. Responsibility for said inspection rests with the National City Police Department Traffic Division Sergeant and/or their designee. Said inspections shall be conducted during normal business hours but may be conducted without prior, advanced notice. Upon completion of inspection, the Traffic Division Sergeant shall submit a written report to the Contract Administrators and/or City staff. 2.20 Notice of Termination All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered of certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days, (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained bythe 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 asspecified above shall be directed to the following persons: To the CITY: Jose Tellez, Chief of Police National City Police Department 1200 National City Blvd National City, CA. 91950 Contract for Towing & Impound Services 10 City of National City Oct 1, 2021—Sept 30, 2023 and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery To the CONTRACTOR: Alexandra Investments, Inc., DBA Angelo's Towing & Recovery Nashwan J. Habib Angelo Habib Angelo's Towing & Recovery 1177 S. 26th Street San Diego, CA 92113 TERM OF AGREEMENT. OPTIONS. AND RE -OPENERS 3.0 Duration The duration of this Agreement shall be for two (2) years with options for extension. 3.1 Relevant Dates This Agreement begins at 0001 hours on October 1, 2021, and terminates at 2400 hours on September 30, 2023. 3.2 Option to. Renew The City of National City reserves the option to renew the Agreement up to three (3) successive one (1) year periods under the terms and conditions herein stated, beginning on the anniversary of the commencement of service, including any amendments. The renewal option is at the discretion of the City's Contract Administrator. The renewal is contingent on a mutual agreement between the City and the Contractor, with such agreement to be confirmed by the Contract Administrator within sixty (60) days prior to the expiration of the contract period. The City of National City or the Contractor may decline to confirm the renewal of the Agreement for any reason whatsoever, which shall render the renewal option null and void. The City's initial letter informing the Contractor of the City's interest in exercising its option to renew the contract does not constitute an award of the option period. Any option acceptance must be confirmed by the City of National City in writing, before it becomes valid. The City will not grant an option if the Contractor requests an increase which exceeds the average percentage variant for the previous twelve (12) months in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the National City area, as published by the Bureau of Labor Statistics, or five percent (5%) whichever is less. Ifa price increase is requested, the Contractor must provide detailed supportingdocumentation to justify the requested increase. The City will evaluate the requested increase, which the City reserves the right to accept or reject the requested increase. 3.3 Re -Opener_ Clause - Towing Program Fee After the first twelve consecutive month period of this Agreement, City may review all tow data to determine the actual number of Police and Referral Tows in the preceding twelve - Contract for Towing & Impound Services 11 City of National City Oct 1, 2021 —Sept 30, 2023 and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery month period and to determine whether the Towing Program Fee warrants adjustment. The Towing Program Fees may be adjusted up or down, as determined by City, based upon the actual and reasonable costs incurred by the City to process and administer towing and impound services, which may include, but is not limited to, review of the number of vehicles referred to the Contractor and review of increased costs. If appropriate, City shall consider implementing a per vehicle towing program fee to offset costs incurred by the police department in processing and administering towing services. City may also compare and consider towing program fees charged by other law enforcement jurisdictions in San Diego County for towing services. 3.4 Re -Opener Clause - Fee Schedule After the first twelve consecutive month period of this Agreement, the Contractor may submit to the Chief of Police a request for an increase to the fee schedule set forth in Attachment A, seeking to adjust the fees consistent with the community standard for police towing in San Diego County. The request shall include a comparison of relevant fees in each law enforcement jurisdiction in San Diego County. City shall assist and consult with Contractor to provide Contractor with accurate data. The Chief of Police shall make appropriate comments, recommendations and submit the material for City Council consideration. 3.5 Re-Qpener Clause — Administrative Review Fee After the first twelve consecutive month period of this Agreement, City may review the number of Administrative Review hearing held within a 30 day period to determine whether an adjustment is warranted. The Administrative Review Fee may be adjusted up or down based upon data. The percentage 30-day impound fee may be adjusted up or downbased upon the data. RESPONSE TIME. EXCEPTIONS AND PENALTY ASSESSMENT 4.0 Response Time Response time is defined as the elapsed time between the relaying of the tow service request by the Dispatch Center or a City Employee to the Contractor and the arrival of the specific tow truck type requested to fulfill the tow need on scene. (For example: NCPD Dispatch phones in a request for a low profile truck to tow an evidence hold vehicle to the underground parking lot of NCPD. The response of a NON low profile tow truck which cannot accommodate towing the vehicle into the underground parking lot ofNCPD does not qualify as fulfilling the Response Time requirement.) The Response Time for Towing Service shall not exceed twenty (20) minutes for tows inside the jurisdictional limits of City. Due to the limited number of out of City of National City jurisdiction towing service requests, response times shall be evaluated on an individual basis for towing service requests outside of the jurisdictional limits of City. Complaints or irregularities involving out of jurisdiction towing requests shall be managed between the Contract Administrators. Contract for Towing & Impound Services 12 City of National City Oct 1, 2021 —Sept 30, 2023 and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery The Contractor is expected to dispatch immediately any available tow truck that will fulfill the tow need on scene upon receipt of a towing request. The Contractor is expected to notify the National City Police Dispatch Center when the response time requirement cannot be met. The Police Dispatcher or the officer at the scene will have the discretion to cancel the tow if the response time cannot or is not met and re - dispatch to a Secondary tow Contractor, at no cost to City. "Secondary tow contractor" refers to the next tow company in rotation. 4.1 Response Time Computation Response time is computed from the time the police dispatcher enters the request for a tow into the dispatch CAD system and the Contractor arrives on scene. The on -scene investigating officer shall notify dispatch of the tow truck arrival. The police department computer aided dispatch system shall be the final resolution of any actual time dispute regarding response times. Any failure to record relevant times by the on -duty dispatcher shall not be considered in any penalty assessment. 4.2 Response Time - Penalty Failure to arrive at the requested location within the prescribed response time may result in cancellation of the service request. The secondary tow contractor may be notified. 4.3 Response Time - Penalty Assessment Contractor shall pay a five hundred dollar ($500.00) penalty if more than five percent (5%) of the tows in any calendar month period exceed the maximum response time requirement. This is calculated based on individual tow per any single request by the Cityfor towing services and not average response times. Failure to meet Response Time requirements may result in termination of this Agreement. ON -CALL CONTRACTOR AND CONTRACTOR ROTATION SCHEDULE 5.0 Contractor Qn-Call & Rotation The Contractor on -call rotation shall run, for two contractors - from 0001 hours on the first day of the month to midnight on the 15th day of the month for one contractor and from 0001 hours on the 15th day of the month to midnight on the last day of the month. The Traffic Division Sergeant will do the selection for the on -call rotation at the beginning of each contract year. The Traffic Division Sergeant will select the Contractor rotation by an impartial means agreeable to contractors involved. Should all Contractors not meet an agreement as to means the Traffic Division Sergeant will make the selection, the means will be directed by the Chief of Police and the Chief's decision will be final. Any Contractor selected as the first in the rotation schedule at the beginning of a contract year will begin the first day of the contract. Contract for Towing & Impound Services 13 City of National City Oct I, 2021—Sept 30, 2023 and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery It is understood that the number of contractors selected divided into the number of days per month may not result in each contractor having the same number of overall tow days per year. In the event this Contract is extended pursuant to section 3.3 Option for Renewal, the schedule will continue to rotate as reflected. GENERAL DUTIES. REQUIREMENTS AND OBLIGATIONS 6.0 Business License Contractor shall at all times during the term of this Agreement retain a valid CityBusiness License in compliance with National City Municipal Code Section 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. 6.1 Contractor Availability - Response to Service Requests Contractor shall be available to promptly respond twenty-four (24) hours a day, seven (7) days a week, including all holidays, consistent with the On -Call and Rotation Schedule, for all requests initiated by City for towing services. Upon award of Agreement, Contractors shall operate a dispatching system. The tow dispatching system shall be sufficiently staffed and equipped to accept all telephone calls, without delay, twenty-four (24) hours a day, seven (7) days a week. Delay is defined as the City or the public receiving no answer after six (6) rings or busy signal to their telephone call. Contractors using paging systems are required to respond to a page within five (5) minutes of the initial page by the City. The City does not currently have plans for adding automated tow dispatching to the existing NCPD dispatch system. Therefore, the City is not requiring any Contractor to purchase equipment to be used to integrate into an automated tow dispatching system. It will be up to the Contractor to ensure they are able to meet the response time requirements of the Contract by whatever means they deem appropriate. Since there are no current plans to add automated tow dispatching to the existing NCPD dispatch system there are no minimum requirements established for such a system upgrade at this time. Contract for Towing & Impound Services 14 City of National City Oct 1, 2021 —Sept 30.2023 and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 6.2 Contractor Towing Forfeited Vehicles The Contractor shall tow all forfeited vehicles, as ordered by the City. The Contractor shall not drive the forfeited vehicles except to move them within the storage facility. Use of vehicles for personal use or other use not permitted herein is strictly prohibited, and constitutes a material breach of this Agreement. In the event it is found that a towed vehicle is subject to forfeiture, the City shall arrange for the vehicle to be picked up from the Contractor's storage facility and the Contractor shall invoice the National City Police Department for all towing and storage fees. 6.3 Contractor Availability - Vehicle Release Contractor shall be available to release vehicles to their owners, agents or authorized representatives, twenty-four (24) hours a day, seven (7) days a week, including allholidays. 6.4 Bt}jness Office Contractor shall maintain a functional business office within the location of the yard used to store police initiated tows. 6.5 Business Office Hours Contractor shall adequately staff their business office in order to remain open and available to meet the public during the normal business office hours. The business office of the Contractor shall be located within the storage yard for which a towed vehicle is located and be open to serve the public and the City from 0800 to 1800 hours, Monday through Friday, except for City observed holidays. City observed holidays are: New Year's Day, Dr. Martin Luther King Jr.'s Birthday, Caesar Chavez Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the Friday after, and Christmas Eve and Christmas Day. 6.6 Contractor's Employees All drivers must maintain a professional appearance. Staff shall work in a neat and clean uniform. The Contractor shall furnish staff with a shirt or some other type of outerwear bearing the company name and logo. Appropriate clothing will be worn at all times including by employees that are being trained. All employees will conduct themselves in a professional manner when interacting with the public or City employees. Within ten (10) days of award, Contractor shall provide the National City Police Department Traffic Division Sergeant with the names of all employees that will beassigned to the Agreement. Drivers and other employees associated with the processing and removal of vehicles shall be subject to a complete background investigation. The Contractor will notify, within ten (10) days, National City Police Department Traffic Division Sergeant whenever an employee is terminated or a new employee is hired that is Contract for Towing & Impound Services 15 City of National City Oct 1, 2021—Sept 30, 2023 and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery assigned to perform duties under the Agreement or may have access to vehicles impounded pursuant to police request. Contractor shall ensure that all tow truck drivers responding to calls initiated by the City are properly licensed, qualified and competent employees. The Contractor shall ensure all tow truck drivers are trained and proficient in the use of the tow truck and related equipment, including, but not limited to, the procedures necessary for the safe towing and recovery of ALL vehicles. All tow truck drivers shall possess the proper class license and certificates for towing vehicles, along with a Class 'A' endorsement to allow operation of special vehicle configurations and/or special cargos. Contractor's employees shall be qualified to perform all work undertaken by or assigned to them. In the event a driver or the equipment is inadequate and the Contractor is unable to service the request, a charge for service or labor will not be permitted. Contractor shall have all tow truck drivers involved with NCPD's rotation tow operations participate in a controlled substance and alcohol testing (CSAT) program. 1) Drivers requiring a Class A, Class B, or commercial Class C license (endorsed for hazardous materials transportation) shall participate in a CSAT program as defined in the Code of Federal Regulations, Title 49, Parts 40 and 382. 2) Those drivers that are not required to possess a Class A, Class B, or commercial Class C license shall be enrolled in a CSAT program substantially similar to the requirements as outlined in Section 1) above. 3) The Contractor shall ensure selection pools for commercially and non - commercially licensed drivers are maintained separately. The Contractor shall provide proof records of their CSAT programs to NCPD. 4) A driver possessing a non-commercial driver's license who tests positive but subsequently returns with a negative test result shall meet the same reinstatement requirements as a driver required to possess a commercial driver's license. 6.7 ,Signs In compliance with California Civil Code Section 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 storagerate. Posting of the Fee Schedule (Attachment A) in the appropriate size and lettering complies with CCC Section 3070 (E). Additionally, Contractor is required by California Vehicle Code Section 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. Contract for Towing & Impound Services 16 City of National City Oct 1, 2021 —Sept 30, 2023 and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 6.8 Method of Payment - Towing or Storage Charges (22651.1 CVCI 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 Section 1748.1, Contractor shall not impose a surcharge on a cardholder who elects to use a credit card in lieu of cash for payment of any fees pursuant to this Agreement. In addition, Contractor shall havesufficient funds on the premises to accommodate and make change in a reasonablemonetary transaction. 6.9 Storage of Vehicles City. Seized Contractor shall immediately provide written notice to the National City Police Department Traffic Unit whenever a city vehicle or seized vehicle is stored in excess of forty-eight (48) hours. Failure to provide the required written notification to the Citymay result in forfeiture of Contractor's right to storage fees. The Contractor shall provide invoices to the National City Police Department Operations Assistant for the towing of each City owned and each seized vehicle. The invoices shall include the description of the vehicle, the date, time, origin, and disposition of the towed vehicle, name and identification number of City employee authorizing the tow and/or storage, the mileage starting and finishing at destination, and an itemized cost of services provided (mileage, number of storage days) commensurate with the attached rate schedule. Invoices shall be delivered to the National City Police Department Operations Assistant no later than the fifteenth (15th) of the month following services rendered. Cityshall make payment for services rendered on a monthly basis from month previous. 6.10 Removal from Private Property Pursuant to California Vehicle Code Section 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 thevehicle 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. 6.11 Notice to City - Private Property Impounds In addition to the requirements set forth in California Vehicle Code Section 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 Contract for Towing & Impound Services 17 City of National City Oct 1, 2021 —Sept 30, 2023 and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery possession of the vehicle. Generally, private property impounds are considered On - Demand Tows. 6.12 Gr4uities (12110 CVC) Contractor or Contractor's employees shall not offer or provide City, and no City employee shall accept any direct or indirect commission, reduced fee, gift, recreation, favors, seasonal gratuity, or any compensation whatsoever from Contractor. No City employee shall offer or provide Contractor with any gift, recreation, favor, seasonal gratuity, or any compensation whatsoever. No City employee is permitted to purchase a lien sold vehicle from Contractor that resulted from a police initiated tow or referraltow. City employees shall not purchase any vehicle or vehicle part from Contractor fora reduced fee or a fee below the prevailing rate as determined by industry standards.The intent of this section is to avoid the mere appearance of impropriety involving the contractual relationship. Contractor or Contractor's employees are prohibited from accepting any money or anything of value from a repair shop for delivery or the arranging of a delivery of a vehicle for the purpose of storage or repair. Nothing in this section is intended to preclude Contractor from charging a repair shop appropriate towing fees pursuant to the Fee Schedule. No benefit provided to City by Contractor, or benefit provided to Contractor by City, as defined in the terms and conditions of this Agreement that resulted from the process of negotiations, shall be considered a gift or gratuity within the meaning of this section. 6.13 Tow Truck Driver - On -Scene Duiics Upon arriving on -scene of a police initiated tow, the Contractor's employee shall report to the investigating Peace Officer in charge. The officer -in -charge shall make every reasonable effort to inform Contractor's employee of any unusual circumstance or hazardous condition reasonably known to the officer. Contractor's employee shall make every reasonable effort to inform the officer -in -charge of any unusual circumstance or hazardous condition •undetected by the officer -in -charge. The officer -in -charge may request additional towing services from the Contractor's employee and the officer -in - charge shall have the authority to waive the Response Time requirements for additional services based on the on -scene needs. Contractor's employee shall make every reasonable effort to comply with instructions or directions provided by the officer -in- charge. Contractor's employee may make any emergency alterations reasonably required to safely move and/or impound vehicles. Contractor shall be responsible for removing and appropriately disposing of collision related debris from the public right-of-way to ensure public safety. Contractor shall also remove or render inert any liquid debris that may reasonably be considered a safety hazard to the public -right-of-way. If the removal of any type of debris or hazardous material is beyond the capability of Contractor, Contractor's employee shall inform the officer -in - charge so accommodations can be made. Contract for Towing & Impound Services 18 City of National City Oct 1, 2021 —Sept 30, 2023 and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 6.14 Access to Stored Vehicles During regular business hours, Contractor shall make vehicles stored at the request of City available to that vehicle's registered owner, a person who can be verified to be the registered owner's agent, insurance agents, insurance adjusters, or representatives of automotive repair businesses for the purpose or estimating or appraising damages. 6.15 Access to Stored Vehicles — Removal of Private Property Pursuant to California Vehicle Code Section 22851(b), no lien shall attach to any personal property in or on the vehicle. The personal property in or on the vehicle shall begiven 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 Section 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. 6.16 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. 6.17 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 providedno less than one copy of the invoice, after all fees have been paid and the invoice marked "Paid." 6.18 Vehicle Imnound Control Form (PD form 250) A Vehicle Impound Control Card (PD Form 250) shall be completed when a police hold is placed on a towed vehicle. The impounding officer shall obtain a case number and enter the case number on the control card before giving the tow truck driver a copy of the control card. Contract for Towing & Impound Services 19 City of National City Oct 1, 2021 —Sept 30, 2023 and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery FEES Contractor shall not be liable for uncollected City Administrative Review 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. 6.19 Proceeds from Lien sale In conformance with California Civil Code Section 3073 and California Vehicle Code Section 22850.5, the proceeds from the lien sale of any vehicle impounded pursuant to the Negligent Vehicle Impound Release (NVIR) program or the Administrative Review Fee shall be distributed in the following order: 1. Any and all costs necessary to discharge the lien, including but not limited to impound and storage fees, and the costs of processing the vehicle for lien sale shall be paid to the (lien holder) Contractor. 2. Any and all City administrative fees, including individual fees or any partial fees associated with the Administrative Review and/or NVIR programs, shall be paid to City. Any partial fees recovered by City, resulting from the lien sale, shall first be attributed to the Administrative Review program. 3. The balance, if any, shall be forwarded to the California Department of Motor Vehicles for deposit in the Motor Vehicle Account in the State Transportation Fund. 7.0 Fee Schedule Attachment A to this Agreement provides a complete schedule of all charges and fees the Contractor will be authorized to collect from consumers for towing, impound, and storage services rendered on behalf of City. The Attachment A rate schedule shall remain in place unless and until amended by the City Council of the City of National City, pursuant to section 3.5 Re -Opener - Fee Schedule, of this Agreement. The schedule of rates charged by the operator shall be available in the tow truck, and shall be presented upon demand to person(s) for whom the tow services were provided, or his/her agent, or any representative of the City at the scene. In the event of a significant or substantial increase in operating expenses, which was not caused by any action of the Contractor, a temporary surcharge may be added in the current rates for any and all of the services provided pursuant to this agreement. The Contractor shall petition the City for the increase in towing and storage rates and provide supporting documentation. Any surcharge is subject to approval by the City. Rate changes may be sought and approved at the discretion of the City. This process may be instituted by routine cost of service evaluation by the City or by request of the Contractor. It is understood that there may be a need for rate changes during the term of Contract for Towing & Impound Services 20 City of National City Oct 1, 2021 —Sept 30, 2023 and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery the Contract. Therefore, during the term of the Contract, should any Contractor make a request for rate changes, the Contract Administrator will forward the request appropriately for consideration. No rate adjustments will be considered without City Council approval. Any cost -of -living increase to the tow rates shall be calculated from the Consumer Price Index (CPI) as published for the first quarter of each calendar year. In any year in which this index is not available, the City shall ascertain and utilize some similar criterion and establish, retroactively, a figure for the computation. Any increase in the City Standard Rates will trigger a proportional increase in the City's Towing Program Fee beginning of July 1st of each contract year. 7.1 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. 7.2 City Vehicle Tow Fees Contractor agrees not to charge City a fee for the towing of marked or unmarked City police vehicles whether the tow resulted from mechanical breakdown or collision within the jurisdictional limits of National City. Contractor shall charge City 25% of the Basic Tow Fee for the towing of all other City vehicles whether the tow resulted from mechanical breakdown or collision within the jurisdictional limits of National City. Fees for all City vehicle tows including police vehicles, which occur outside the jurisdictional limits of National City, shall be resolved between the Contract Administrators but shall not exceed 25% of the basic tow fee. 7.3 Fps - Police Department Errors and Omissions When any vehicle has been directed by the City to be towed and it is established that the tow was in error through a mistake of fact, Contractor shall release the vehicle to its owner, operator or agent at no cost. Contractor shall bill City at no more than 50% of the basic tow fee. If an error by City results in a vehicle being stored longer than it can reasonably be established that it should have been, Contractor shall release the vehicle and bill the owner, operator or agent only those storage charges that would have accrued if no error Contract for Towing & Impound Services 21 City of National City Oct 1, 2021 —Sept 30, 2023 and Alexandra Investments. Inc., DBA Angelo's Towing & Recovery 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 forDamages against City. 7.4 Towing Program Fee The total annual Towing Program Fee due to the City shall be two hundred eighteen thousand eight hundred eighty nine dollars ($218,889), divided equally amongst the tow operators awarded contracts, and paid quarterly. Contractor shall make quarterly Towing Program Fee payments to City for the right to provide towing and storage service to City. The minimum Towing Program Fee payment amount per Contractor, when two contractors have been awarded, shall be fifty four thousand seven hundred twenty two dollars ($54,722) per quarter. The Towing Program Fee shall be payable for a period of two (2) years subject to adjustments as defined in Section 3.4 - Re -Opener Clause — Towing Program Fee. The Towing Program fee shall continue in the above described manner in the event of a Contract extension renewal. 7.5 Towing Program Fee - Due Date The Towing Program Fee payment shall be due and payable no later than the fifteenth (15th) day of the calendar month following the end of each quarter, pursuant to the following schedule: First Contract year: Ouarter End Dates 1' Quarter — January 15, 2022 2nd Quarter — April 15, 2022 3rd Quarter — July 15, 2022 4th Quarter — October 15, 2022 Second Contract Year: Ouarter End Dates 1st Quarter — January 15, 2023 2nd Quarter — April 15, 2023 3rd Quarter — July 15, 2023 4th Quarter — October 15, 2023 7.6 Towing Program Fee - Late Fee Any amount owed to the City more than fifteen (15) calendar days beyond the due date, shall be considered delinquent and will be in breach of contract. Failure to pay any amount owed to the City may result in the Contractor being suspended from the contract until such amount is paid. Interest will be charged on unpaid amounts at an annual rate equal to twelve (12%) percent per annum, or at the maximum rate permitted by applicable law, Contract for Towing & Impound Services 22 City of National City Oct 1, 2021 —Sept 30, 2023 and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery whichever is lower. Partial payments will not be accepted. 7.7 Towing Program Fee - Eayments The Towing Program Fee is payable to "City of National City." Payments shall be directed as follows: Operations Assistant National City Police Department 1200 National City Blvd National City, CA 91950 Upon receipt and no later than five days from receipt, the Operations Assistant shall record and account for the Towing Program Fee payment consistent with the terms of this agreement and forward the payment to the City Finance Department for deposit inRevenue Account Number 001-11000-3558. 7.8 Negligent Vehicle Impound Release {NVIR) Fee The Negligent Vehicle Impound Release Fee shall be an amount established by City. Said fee is one hundred twenty four ($124) dollars. The NVIR fee is recognized as a necessary and effective method of generating those revenues necessary to offset program costs, services and facilities. The NVIR fee applies only to vehicles released by Contractor for violating certain sections of the California Vehicle Code (CVC) and/or the National City Municipal Code (NCMC). See Attachment B for a list of applicable sections. 7.9 NVIR Fee - Collection Contractor shall collect the NVIR fee of one hundred twenty four ($124) dollars per vehicle, upon the release of any vehicle impounded pursuant to the above listed California Vehicle Code sections. Contractor shall remit the collected fees to City pursuant to the below listed payment schedule. The collected NVIR fees shall be properly identified and itemized. 7.10 NVIR Fee - Payment Due Date NVIR fees collected by Contractor shall be due and payable to City no later than the fifth (5th) day of each month and the twentieth (20th) day of each month. Payments due on the fifth (5th) day of each month shall include and account for all vehicles released by Contractor between the sixteenth (16th) day of the month, and thelast day of the month, (inclusive). Payments due on the twentieth (20th) day of the month shall include and account for all vehicles released by Contractor between the first (1st) day of the month and the fifteenth (15th) day of the month, (inclusive). Contract for Towing & Impound Services 23 City of National City Oct I , 2021 —Sept 30, 2023 and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 7.11 NVIR Fee -Payments The NVIR Fee is payable to "City of National City." Payment shall be directed as follows: Operations Assistant National City Police Department 1200 National City Blvd National City, CA 91950 Upon receipt and no later than five days from receipt, the Operations Assistant shall record and account for the NVIR Fee payment, consistent with the terms of this agreement and forward the payment to the City Finance Department for deposit in Revenue Account Number 001-11000-3551. 7.12 NVIR Fee Payment -J. ate 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. 7.13 Administrative Reyiew Fee The Administrative Review fee shall be an amount established by City. Said fee is one hundred fifty ($150) dollars. The Administrative Review fee is recognized as a necessary and effective method of generating revenues necessary to offset program costs, services and facilities. Vehicles impounded by City pursuant to California Vehicle Code 12500(a) and 14601.1 shall be releasedby City, upon expiration of a 30 day hold and shall only be released by City upon a showing of proof that the owner, operator or agent has a valid driver's license. Contractor shall collect Administrative Review fees prior to the actual release of the vehicle. Contractor shall remit the collected fees to City pursuant to the below listed payment schedule. The Administrative Review fees shall be properly identified and itemized. The Administrative Review fee applies only to vehicles impounded pursuant to certain California Vehicle Code Sections. (See Attachment C for a list of applicable sections.) 7.14 Administrative Review Fees - Due Date The fees collected by Contractor shall be due and payable to City no laterthan the fifth (5th) day of each month and the twentieth (20th) day of each month. Payments due on the fifth (5th) day of each month shall include and account for all vehicles released by Contractor between the sixteenth (16th) day of the month, and thelast day of the month, (inclusive). Payments due on the twentieth (20th) day of the month shall include and account for all vehicles released by Contractor between the first (1st) day of the month and the fifteenth Contract for Towing & Impound Services 24 City of National City Oct 1, 2021 —Sept 30, 2023 and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery (15t") day of the month, inclusive. 7.15 Administrative Review Fee -Payment The Administrative Review fee is payable to "City of National City." Payment shall be directed as follows: Operations Assistant National City Police Department 1200 National City Blvd National City, CA 91950 Upon receipt and no later than five days from receipt, the Operations Assistant shall record and account for the Administrative Review fees consistent with the terms of this agreement. The Administrative Review fee of one -hundred fifty ($150) dollars per vehicle shall be divided anddeposited with the City Finance Department as follows: Amount Revenue Account Number $125.00 001-11110-3550 $ 25.00 001-11000-3550 7.16 Adminijrative Revie 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 an annual rate equal to twelve (12%) percent per annum, or at the maximum rate permitted by applicable law, whichever is lower. Partial payments will not be accepted. VEHICLE RELEASE 8.0 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. 8.1 Exce tions 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 — Suspended Driver's License 2. 22651 (i) - Five or more Parking Citations 3. 22655 - Hit & Run Investigation 4. 22655.5 - Evidentiary Reasons 5. And as otherwise required by the California Vehicle Code Contract for Towing & Impound Services 25 City of National City Oct 1, 2021 —Sept 30, 2023 and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 8.2 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 Section 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. 8.3 Questions. Problgi. 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. 8.4 Expert Training - DMV Document Identification During the term of this Agreement and at Contractor's request, City may provide Contractor, Contractor's employees, and new employees with training in the identification and recognition of all relevant California Department of Motor Vehicles documents including but not limited to California Drivers License and California VehicleRegistration documents. A recognized expert employed by the California Department of Motor Vehicles shall conduct training. Training shall include but not be limited torecognition 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. MINIMUM TRUCK EQUIPMENT and STORAGE LOT REQUIREMENTS At all times during the term of this Agreement, Contractor shall meet the following minimum tow truck equipment requirements and storage lot requirements: 9.0 Minimum Tow Truck Requirements During the term of this Agreement, Contractor shall have available no less than three tow rigs of at least one -ton capacity. Each tow rig shall have dual rear wheels. Each vehicle used for towing police impounds shall have a manufacturer's gross vehicle weight rating (GVWR) of not less than 14,500 pounds. During the term of this Agreement, Contractor shall have a tow rig capable of towing large, oversize vehicles; including Class B (minimum 26,001 GVWR), Class C (minimum 48,000 GVWR), and Class D (minimum 52,000 GVWR). During the term of this Agreement, Contractor shall have a truck with Landoll type trailers acceptable for Class C and Class D towing. In addition, during the term of this Agreement, Contractor shall have available one tow rig, commonly known as a "Sub -Garage Tow Vehicle," capable of entering and removing impounded vehicles from the underground parking garage of the National City Police Department. The sub -garage tow vehicle is a limited use vehicle and does not require dual wheels or a GVWR of 14,500 pounds. Contractor shall have a vehicle capable of Contract for Towing & Impound Services 26 City of National City Oct l , 2021—Sept 30, 2023 and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery towing/recovery from off road areas. 9.1 Minimum Tow Truck Equipment Requirements Each tow truck responding to requests for police initiated towing and impound services shall be equipped with radio communications equipment capable of effecting two-way radio communications between the tow truck operator and Contractor's dispatching operation. Citizen Band radios shall not be used to meet this requirement. Each tow truck shall have a maximum 8,000 pound capacity winch that is power driven by power takeoff from transmission, in both directions, and equipped with safety dogs or an adequate braking system. Winches must be fitted with a minimum of 100 feet of cable for recovery tasks. Roll back car carriers must be fitted with a minimum of 50 feet of cable. All cable (wire rope) must be maintained in good condition. Only wire rope with swaged ends, wedge locks or braided ends, with metal sleeves in the loops shall be approved for use under the terms of this agreement. Consistent with the California Code of Regulations, Title 13, Section 1305(b), wire rope is not in good condition when it is stranded, knotted, crushed, excessively rusted, kinked, badly worn, when there are 12 or more wires broken in lay length, or where there is other visible evidence of loss of strength. Contractor shall maintain dollies for use by in-service tow trucks providing police towing services to City. Each tow truck, with the exception of slide back carriers, shall carry its own set of dollies. Each tow truck shall be equipped with no less than two safety chains. No less than two safety chains shall be used for each vehicle being towed. Each safety chain shall be rated at no less than the rating specified by the original equipment manufacturer (OEM). The safety chains shall be securely affixed to the bed frame or wrecker boom, independent of the towing sling, bar, hitch, wheel lift, or under lift towing equipment. The towed vehicle shall be secured to the towing equipment independent of the safety chains by either two chains or two straps. All safety connections and attachments shall have a positive means, of sufficient strength, to ensure that the safety connection or attachment cannot become disengaged while in transit. Vehicles being transported on slide back carriers shall be secured by four tie down chains or straps, independent of the winch or loading cable. In addition to the requirements set forth in California Vehicle Code Section 27700, City requires Contractor to equip each tow truck with red flares, lanterns or reflectors, hand tools (screw drivers, pliers, ratchet and sockets, crescent wrenches, metric and standard lug wrenches), bolt cutters, six foot crowbar, rope, broom, shovel, dustpan, fire extinguisher (dry chemical or carbon dioxide type), utility flood lamps, portable red taillights and stoplights for towed vehicles, equipment for opening locked vehicles, safety snubber chains, and a trash can with absorbent material. Each tow truck shall be equipped with disposable (one time use) latex or rubber gloves for use by Contractor's employees to prevent contamination or contact with potential blood borne pathogens. The decision to use said equipment rests solely with Contractor. Contract for Towing & Impound Services 27 City of National City Oct 1, 2021 —Sept 30, 2023 and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 9.2 Tow Truck Identification Each tow truck responding to police initiated towing and impound services shall, on both sides of the vehicle, conspicuously bear Contractor's company name, local address, and local phone number(s) in lettering that complies with California Vehicle Code Section 27907. 9.3 Tow Truck Lighting F.pment Each tow truck responding to police initiated towing and impound services shall be equipped with lighting systems as required by California Vehicle Code Sections 24605, 24606 and 25253. Additionally, tow trucks shall be equipped with utility lamp lighting systems than comply with California Vehicle Code Section 25110. 9.4 California Highway Patrol Inspection Certification During each year of this Agreement, Contractor shall obtain and retain an annual California Highway Patrol (CHP) tow truck safety inspection certification. Contractor shall annually be able to show proof that every vehicle in each category required for service under this Agreement providing services to the City has passed a CHP tow truck safety inspection. Tow trucks not passing inspections or meeting the requirements of this section shall immediately be removed from rotation. The tow truck may return to rotationonce the truck has successfully passed a re -inspection by the original inspecting agency. Nothing in this section is intended to prevent, or preclude the National City Police Department from performing periodic unscheduled inspections to insure compliance with the requirements of the California Vehicle Code and this Agreement. 9.5 Tow Truck Maintenance Each tow truck responding to police initiated towing and impound services shall be well maintained and reasonably clean on the exterior and interior and should reflect the clean, professional image of the City of National City. 9.6 Storage Lot. Minimum Requirements There shall be a minimum of one (1) vehicle storage yard within a ten (10) mile radius from City Hall, 1243 National City Boulevard, National City, with adequate storage capabilities for all vehicles retrieved from the City and requiring storage. The Contractor shall identify the exact location and size of any storage yards to be used pursuant to this contract. The storage yard shall be approximately 10,000 sq. ft. and have space necessary to accommodate all Police Department tows and comply with all applicable Building Codes and Zoning Regulations (including but not limited to: Fire, Sign, Zoning, and Building Codes). There shall also be the following: 1. Be completely enclosed by an 8-foot solid high fence with a lockable gate. Construction of the fence and gates must be of sufficient construction to prevent entry into the storage area of unauthorized persons or vehicles. Contract for Towing & Impound Services 28 City of National City Oct 1, 2021—Sept 30, 2023 and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 2. Alarms and intrusion sensors that provide immediate notification capabilities at all times or similar devices or security measures. 3. Sufficient lighting to detect unauthorized entrance at night. 4. The storage yard shall be served by drainage facilities adequate to prevent the accumulation of standing water. The vehicle storage area must remain free of mud, pools of standing water, debris, or other elements that would be harmful to the stored vehicle, vehicle contents, or to persons viewing, inspecting or recovering the vehicles. The vehicle storage area, including all driveways and access roads, shall be surfaced in a manner so as to prevent the listed conditions. An acceptable surface includes concrete, asphalt, asphaltic concrete, or decomposed granite with oil. 5. All areas open to vehicular traffic shall be paved with cement, asphalt surfacing or oil and aggregate mixture. 6. The entire site is to be continuously maintained to prevent accumulation of trash, combustible waste, and hazardous debris. 7. The storage yard must be a reasonable distance from public transportation. 8. Stored vehicles shall be arranged to provide reasonable and immediate inspection at any time by the City's agents. The Contractor shall provide service to the public twenty-four (24) hours a day, seven (7) days a week so that an owner may pay towing and storage fees at the Storage Yard where their vehicle is stored and obtain its release. The Contractor is responsible for the reasonable care, custody, security, and control of any property contained in towed or stored vehicles. All items removed from a vehicle or left stored within the vehicle shall be released to the owner or agent of the impounded vehicle upon demand during normal business hours unless the vehicle is under law enforcement Hold. Vehicles may not be taken off -site of the Storage Yard, without the City's permission. 9.7 Mjnimum 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. Contract for Towing & Impound Services 29 City of National City Oct 1, 2021 —Sept 30, 2023 and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 9.8 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. 9.9 Secure Area - Evidentiary Vehicles Vehicles impounded by City for investigative purposes shall be held in a maximally secured, non-public area of Contractor's property until released by City. Contractor shall insure, by the use of various security devices and measures, including but not limited to walls, fences, containers, buildings or the like, that no unauthorized person, whether intentionally or accidentally can come into physical contact with evidentiary vehicles. Located within the storage yard, Contractor shall set aside a secure area, sufficient in size to hold four (4) vehicles, with sufficient room to walk around, open doors, and examine each separate vehicle. 9.10 Special Operations During the Contract period, it is anticipated that numerous special police operations may be conducted that require the towing of vehicles. An example of this type of operation is a Sobriety/Driver's License checkpoint. The Police Department will attempt to equally distribute these special operations between the Contractors. However, many of these operations have special date or period requirements beyond the control of the Police Department. Due to these special requirements, a Contractor may obtain more operations than the other Contractor(s). The Contractors agree to this potentially inequitable distribution of special operations as a City Contractor. INSURANCE REQUIREMENTS 10.0 Minimum Insurance Requirements All required insurance shall be submitted to the City prior to the granting of the provisional award. Failure to provide the insurance certificates as previously set out shall cause 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 immediate termination of the contract. All policies must have a thirty (30) day cancellation clause, giving the City thirty (30) days prior written notice in the event a policy is cancelled. 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. Contract for Towing & Impound Services 30 City of National City Oct 1, 2021 —Sept 30, 2023 and Alexandra Investments, Inc., IBA Angelo's Towing & Recovery Insurance shall be written with only insurers authorized to conduct business in California which hold a current policy holder's alphabetic and financial size category rating of not less than A: VII according to the current Best's Key Rating Guide, or a company of equal financial stability that the City's Risk Manager approves. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent List of Approved Surplus Line Insurers ("LASLI") and otherwise meet rating requirements All policies must be endorsed to provide that the insurance afforded by Contractor is primary to any insurance or self-insurance maintained by City and its elected officials, officers, employees, agents, and representatives as respects operations of the Named Insured. Any insurance or self-insurance maintained by City and its elected officials, officers, employees, agents, and representatives shall be in excess of Contractor's insurance and shall not contribute to it. The following coverage is required: Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the City and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location." The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. . Automobile Liability for a minimum of two million dollars combined single limit ($2,000,000.00 CSL) per person and four million dollars ($4,000,000.00) per accident. The City of National City must be named as an additional insured on the certificate. Garage Keepers minimum of one million dollars each occurrence ($1,000,000.00 EO). On Hook/Cargo in amounts not less than fifty thousand dollars ($50,000.00) / twenty thousand dollars ($20,000.00) /one hundred thousand dollars ($100,000.00), the maximum deductible shall be no more than two thousand five hundred dollars ($2,500.00). Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of the Contractor's employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement.. The City does not require a performance bond. If required insurance coverage is provided on a `claims made' rather than `occurrence' form, the contractor shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of the contract. Any aggregate insurance limits must apply solely to the Contract. Contract for Towing & Impound Services 31 City of National City Oct 1, 2021 —Sept 30, 2023 and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery The Certificate Holder for all policies of insurance required by this Agreement shall be: City of National City do Risk Manager 1243 National City Boulevard National City, CA. 91950-4397 This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with, and approved by the City's Risk Manager. 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 ambiguitiesare 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. [Signature Page to Follow] Contract for Towing & Impound Services 32 City of National City Oct 1, 2021 —Sept 30, 2023 and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery CITY OF NATIONAL CITY By: Al -ja • r: Soteio Solis, Mayor APPROVED AS TO FORM: Charles E. Bell, Jr. City Attorney ALEXANDRA INVESTMENTS, INC., DBA ANGELO'S TOWING & RECOVERY By, ffie:)-4 , Owner By: Owner Contract for Towing & Impound Services 33 City of National City Oct 1, 2021 —Sept 30, 2023 and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery ATTACHMENT A TOWING FEE SCHEDULE SERVICE FEE • BASIC TOWING Includes first hour hookup, labor, standby time, for vehicles under 9,500 $ 180.00 GVW (unloaded). • MEDIUM SIZE - BASIC TOWING Includes first hour hookup, labor, standby time, for vehicles over 9,500 GVW $ 205.00 but less than 22,000 GVW (unloaded). • LARGE SIZE - BASIC TOWING Includes first hour hookup, labor, standby time, for vehicles over 22,000 GVW (Unloaded). $ 240.00 • 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. $ 40.00 • DOLLIES Will only be used when there is not a less expensive, safe manner of handling the situation. $ 55.00 • DRY RUN May also be known as a "hook-up — drop fee" and is charged when the vehicle is hooked up and the owner returns before the vehicle is in transit. $ 50.00 • PER MILE TOWING Applies only to vehicles recovered outside the jurisdiction of the City of National City. • MAXIMUM STORAGE - PER DAY Per day is defined as a 24-hour period. $ 5.00 $ 50.00 • STORAGE PER HOUR Up to maximum of $15.00 per hour. $15.00 • AFTER HOURS VEHICLE RELEASE After 6 p.m. and before 8 a.m., including weekends and all holidays. $ 65.00 • NOTIFICATION OF LIEN SALE Vehicle valued at less than $4.000 (22851.12 CVC). $ 70.00 Contract for Towing & Impound Services 34 City of National City Oct 1, 2021—Sept 30. 2023 and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery • NOTIFICATION OF LIEN SALE $ 100.00 Vehicle valued at over $4,000. (22851.12 CVC). • POLICE EQUIPMENT TOWING No Charge Inside jurisdictional limits of National City. • CITY EQUIPMENT TOWING 25% Includes all City vehicles. Also includes police vehicles towed from outside Basic jurisdictional limits of National City. Towing Fee • EVIDENTIARY TOWING AND STORAGE Daily storage fees for City/vehicles, seized vehicles, and vehicles for basic evidentiary purposes. 25% of daily storage fee 25% of Basic Towing Fee • TOWING OF VICTIMS VEHICLES $60.00 CITY ADMINISTRATIVE FEE'S • NEGLIGENT VEHICLE IMPOUND RELEASE $124.00 • SERIOUS TRAFFIC OFFENDER PROGRAM $150.00 Contract for Towing & Impound Services 35 City of National City Oct 1, 2021 —Sept 30, 2023 and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery ATTACHMENT B Pursuant to Section 7.9 of this Agreement, the Negligent Vehicle Impound Release Fee shall apply to vehicles impounded pursuant to the following California Vehicle Code sections and/or National City Municipal Code sections. One or more the listed sections must be included on the impounding documents. California Vehicle Code 22500 et seq. 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) 22656 22669 et seq. 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 Illegally parked or abandoned within 7-1/2 feet of nearest railroad rail Removal of Abandoned Vehicles as determined pursuant to section 22523 CVC Contract for Towing & Impound Services 36 City of National City Oct 1, 2021 —Sept 30, 2023 and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 11.32.060 11.32.070 11.32.160 11.32.250 (e) National Ci1v Municipal Code Illegally parked - 72 hour violation - vehicle removal Illegally parked - Restricted hours - vehicle removal Illegally parked - Emergency parking - vehicle removal Illegally parked - Taxi Stand - vehicle removal Contract for Towing & Impound Services 37 City of National City Oct 1, 2021 —Sept 30, 2023 and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery 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. Contract for Towing & Impound Services 38 City of National City Oct I, 2021 —Sept 30, 2023 and Alexandra Investments, Inc., DBA Angelo's Towing & Recovery