HomeMy WebLinkAboutA to Z Enterprises Inc. DBA RoadOne - 2021AGREEMENT BY AND BETWEEN
CITY OF NATIONAL CITY
AND
A TO Z ENTERPRISES, INC.,
DBA ROADONE
FOR
TOWING AND IMPOUND SERVICES
October 1, 2021— September 30, 2023
TABLE OF CONTENTS
Title & Section Page 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 / Arbitration 6
Contract for Towing & Impound Services
Oct 1, 2021 —Sept 30, 2023
City of National City
and A to Z Enterprises, Inc.,
DBA RoadOne
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 A to Z Enterprises, Inc.,
DBA RoadOne
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 A to Z Enterprises, Inc.,
DBA RoadOne
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 A to Z Enterprises, Inc.,
DBA RoadOne
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 A to Z Enterprises, Inc.,
DBA RoadOne
AGREEMENT FOR TOWING AND IMPOUND SERVICES
BETWEEN THE CITY OF NATIONAL CITY AND
A TO Z ENTERPRISES, INC., DBA ROADONE
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 A to Z
Enterprises, Inc., D.B.A. RoadOne ("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 A to Z Enterprises, Inc.,
DBA RoadOne
pEFij ITION 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
thevehicle 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 low means the towing of a vehicle by a towing company that has
been requested by the vehicle owner, operator, or their agent, without police involvement.
On -Demand tows may include owners or agents of private property landholders who
arrange for vehicle towing service from private property without police involvement. If
the police department becomes involved in arranging for tow service, the matter is
considered a "Police Referral Tow". On -Demand Tows are considered independent
services outside the scope of this Agreement.
1.3 Secondary 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 of
the vehicle. If the vehicle is towed on orders of the investigating officer, the officer shall
complete the Vehicle Report (CHP 180), citing 22500 California Vehicle Code as the
authority for impound. No special hold or police authorized release is necessary.
1.5 Resnonse 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 I, 2021—Sept 30, 2023 and A to Z Enterprises, Inc.,
DBA RoadOne
1.6 pisnatch 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 fee
schedule is approved and authorized by a majority vote of the City of National City, City
Council. The fee schedule includes itemized charges for numerous towing and storage
services including but not limited to hook up fees, dolly fees, daily storage fees, after -
hour release fees, etc. The Fee Schedule is Attachment A to this document. Attachment A
and the fees may be adjusted as set forth in Section 7.0.
1.9 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 set
forth in Sections 7.5, 7.6, 7.7, and 7.8.
1.10 Negligent Vehicle Impound Relent 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 the
agreement 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 I, 2021—Sept 30, 2023 and A to Z Enterprises, Inc.,
DBA RoadOne
ADMINISTRATION AND MANAGEMENT OF AGREEMENT
2.0 Agreement Annroval
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 Adnjiuistrator 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 A to Z Enterprises, Inc.,
DBA RoadOne
Contract Administrator for:
A to Z Enterprises, Inc.
DBA RoadOne
Brad Ramsey
A to Z Enterprises, Inc.
DBA RoadOne
9150 Chesapeake Dr., Suite 240
San Diego, CA 92123
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 A to Z Enterprises, Inc.,
DBA RoadOne
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 court
having jurisdiction over the subject matter of the controversy. The expenses of the
arbitration shall be borne equally by the parties to the arbitration, provided that each party
shall pay for and bear the cost of its own experts, evidence and attorneys' fees, except
that the arbitrator may assess such expenses or any part thereof against a specified party
as part of the arbitration award.
2.8 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, in
any way resulting from, related to, or arising out of the Contractor's performance or other
obligations 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 A to Z Enterprises, Inc.,
DBA RoadOne
2.10 )Business Records (10650 CVC et sea.)
Contractor shall maintain and retain data and records of all tow services furnished,
including description of vehicles, nature of service, date, time of notification by City,
time of tow truck dispatch, time of arrival of tow truck at scene, location of calls, total
itemized charges of towing and storage, and the description of all vehicles towed and/or
stored at the initiation of the City. If the vehicle is sold at lien sale, data shall be
maintained documenting all liens against the vehicle, monies received as a result of the
sale, identification of the purchaser, and the amount of monies forwarded to City and
state. All such data and original towing and storage records shall be maintained in an
accessible location. The Contractor shall make available and permit the City without
notice during normal business hours to audit, examine and make excerpts, copies, or
transcripts of all data and records with respect to the towing and storage of vehicles
initiated by the City. If Contractor employs, assigns or contracts with a third -party vendor
to manage or process the DMV required processing regarding lien sale vehicles,
Contractor shall make available all relevant records, data or documents regarding lien
sales. Contractor shall waive any privacy rights in order to permit City to inspect, review
and copy any relevant record in possession of a third -party vendor.
2.11 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 Criminal
History information.
2.12 Independent Contractor
Contractor shall for all purposes arising out of this Agreement, be an independent
contractor. Contractor and employees of Contractor shall not be deemed employees or
agents of City. It is expressly understood and agreed that the Contractor and its
employees shall in no event, as a result of this Agreement, be entitled to any benefit to
which City employees are entitled, including but not limited to overtime, retirement
benefits, workers' compensation benefits, injury leave, medical leave, unemployment or
any other leave benefits.
Neither the City nor its officers, agents or employees shall have any control over the
conduct of the Contractor or any of the Contractor's employees except as herein set forth,
and the Contractor expressly agrees not to represent that the Contractor or the
Contractor's agents, servants, or employees are in any manner agents, servants, and
employees of the City, it being understood that the Contractor, its agents, servants, and
employees are as to the City wholly independent contractors and that the Contractor's
obligations to the City are solely such as are prescribed by this Agreement.
Contract for Towing & Impound Services 7 City of National City
Oct I, 2021 —Sept 30, 2023 and A to Z Enterprises, Inc.,
DBA RoadOne
2.13 Assjgnment
This Agreement contemplates the personal services of the Contractor and the
Contractor's employees, and it is recognized by the parties that a substantial inducement
to the City for entering into this Agreement was, and is, the professional reputation and
competence of the Contractor and its employees. Neither this Agreement nor any interest
herein may be assigned by the Contractor without the prior written consent of the City.
Nothing herein contained is intended to prevent the Contractor from employing or hiring
as many employees as the Contractor may deem necessary for the proper and efficient
performance of this Agreement. Contractor has represented it has sufficient staffmg 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' Compensation
The Contractor shall comply with all of the provisions of the Workers' Compensation
Insurance and Safety Acts of the State of California, the applicable provisions of Division
4 and 5 of the California Government Code and all amendments thereto; and all similar
State or Federal acts or laws applicable; and shall indemnify, defend and hold harmless
the City and its officers, employees and volunteers from and against all claims, demands,
payments, suits, actions, proceedings and judgments of every nature and description,
including 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 Oblinations
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 A to Z Enterprises, Inc.,
DBA RoadOne
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 $7103. 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 A to Z Enterprises, Inc.,
DBA RoadOne
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 Fees
Contractor is authorized and responsible for the collection of all applicable towing and
storage charges, and any fee authorized or required by City to defray costs to City for the
management and operation of this agreement, prior to releasing a vehicle.
2.19 inspection
City shall require no less than an annual inspection of Contractor and its facilities to
insure conformance and compliance with the provisions of the California Vehicle Code
and this agreement. Responsibility for said inspection rests with the National City Police
Department Traffic Division Sergeant and/or their designee. Said inspections shall be
conducted during normal business hours but may be conducted without prior, advanced
notice. Upon completion of inspection, the Traffic Division Sergeant shall submit a
written report to the Contract Administrators and/or City staff.
2.20 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 by
the United States Postal Service, (iv) if given by telex, telecopy, facsimile or fax, when
sent. Any notices, request, demand, direction or other communication delivered or sent as
specified above shall be directed to the following persons:
To the CITY:
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 A to Z Enterprises, Inc.,
DBA RoadOne
To the CONTRACTOR:
Brad Ramsey
A to Z Enterprises, Inc.
DBA RoadOne
9150 Chesapeake Dr., Suite 240
San Diego, CA 92123
TEU M. 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 Ontion 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. If
a price increase is requested, the Contractor must provide detailed supporting
documentation to justify the requested increase. The City will evaluate the requested
increase, 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
Contract for Towing & Impound Services 11 City of National City
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twelve-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 -Opener 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 of
NCPD does not qualify as fulfilling the Response Time requirement.)
The Response Time for Towing Service shall not exceed twenty (20) minutes for tows
inside the jurisdictional limits of City.
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
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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 City
for 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 n-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 Chiefs decision will be final.
Any Contractor selected as the first in the rotation schedule at the beginning of a contract
year will begin the first day of the contract.
Contract for Towing & Impound Services 13 City of National City
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It is understood that the number of contractors selected divided into thenumber 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. REOUIREMENTS AND OBLIGATIONS
6.0 Business Licei}se
Contractor shall at all times during the term of this Agreement retain a valid City
Business 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.
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6.2 Contractor Towins 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 all
holidays.
6.4 Busjness 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 be
assigned to the Agreement. Drivers and other employees associated with the processing
and removal of vehicles shall be subject to a complete background investigation.
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 A to Z Enterprises, Inc.,
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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 5i0.1
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 storage
rate. 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 A to Z Enterprises, Inc.,
DBA RoadOne
6.8 Method of Payment - Towine 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 have
sufficient funds on the premises to accommodate and make change in a reasonable
monetary 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 City
may result in forfeiture of Contractor's right to storage fees.
The Contractor shall provide invoices to the National City Police Department Operations
Assistant for the towing of each City owned and each seized vehicle. The invoices shall
include the description of the vehicle, the date, time, origin, and disposition of the towed
vehicle, name and identification number of City employee authorizing the tow and/or
storage, the mileage starting and finishing at destination, and an itemized cost of services
provided (mileage, number of storage days) commensurate with the attached rate
schedule. Invoices shall be delivered to the National City Police Department Operations
Assistant no later than the fifteenth (15th) of the month following services rendered. City
shall make payment for services rendered on a monthly basis from month previous.
6.10 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 the
vehicle has been removed from the property and is in transit.
Pursuant to sub -section (i) (2), if a vehicle is released within 24 hours from the time the
vehicle is brought into the storage facility, regardless of the calendar date, the storage
charge shall be for only one day. Not more than one day's storage charge may be
required for any vehicle released the same day that it is stored.
6.11 Notice to City - Private Properly 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
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DBA RoadOne
possession of the vehicle. Generally, private property impounds are considered On -
Demand Tows.
6.12 Gratuities (12110 CVO
Contractor or Contractor's employees shall not offer or provide City, and no City
employee shall accept any direct or indirect commission, reduced fee, gift, recreation,
favors, seasonal gratuity, or any compensation whatsoever from Contractor. No City
employee shall offer or provide Contractor with any gift, recreation, favor, seasonal
gratuity, or any compensation whatsoever. No City employee is permitted to purchase a
lien sold vehicle from Contractor that resulted from a police initiated tow or referral
tow. City employees shall not purchase any vehicle or vehicle part from Contractor for
a reduced fee or a fee below the prevailing rate as determined by industry standards.
The intent of this section is to avoid the mere appearance of impropriety involving the
contractual relationship.
Contractor or Contractor's employees are prohibited from accepting any money or
anything of value from a repair shop for delivery or the arranging of a delivery of a
vehicle for the purpose of storage or repair. Nothing in this section is intended to
preclude Contractor from charging a repair shop appropriate towing fees pursuant to the
Fee Schedule.
No benefit provided to City by Contractor, or benefit provided to Contractor by City, as
defined in the terms and conditions of this Agreement that resulted from the process of
negotiations, shall be considered a gift or gratuity within the meaning of this section.
6.13 Tow Truck Driver - On -Scene Duties
Upon arriving on -scene of a police initiated tow, the Contractor's employee shall report
to the investigating Peace Officer in charge. The officer -in -charge shall make every
reasonable effort to inform Contractor's employee of any unusual circumstance or
hazardous condition reasonably known to the officer. Contractor's employee shall make
every reasonable effort to inform the officer -in -charge of any unusual circumstance or
hazardous condition undetected by the officer -in -charge. The officer -in -charge may
request additional towing services from the Contractor's employee and the officer -in -
charge shall have the authority to waive the Response Time requirements for additional
services based on the on -scene needs. Contractor's employee shall make every
reasonable effort to comply with instructions or directions provided by the officer -in -
charge. Contractor's employee may make any emergency alterations reasonably
required to safely move and/or impound vehicles.
Contractor shall be responsible for removing and appropriately disposing of collision
related debris from the public right-of-way to ensure public safety. Contractor shall also
remove or render inert any liquid debris that may reasonably be considered a safety
hazard to the public -right-of-way. If the removal of any type of debris or hazardous
material is beyond the capability of Contractor, Contractor's employee shall inform the
officer -in -charge so accommodations can be made.
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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 be
given to the current registered owner or the owner's authorized agent upon demand. The
lien holder shall not be responsible for personal property after any vehicle has been
disposed of pursuant to Division 11, Chapter 10 of the California Vehicle Code.
Pursuant to California Civil Code 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 provided
no less than one copy of the invoice, after all fees have been paid and the invoice marked
"Paid."
6.18 Vehicle Imnound Control Card (PD form 2501
A Vehicle Impound Control Form (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
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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:
I. 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
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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 Fes
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 Fees - Police Denartment 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
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had occurred. Contractor shall bill City storage fees at no more than $2.50 per day for
every day beyond the owner, operator or agent's responsibility.
If the error in towing or storage is discovered after the vehicle owner, operator or agent
recovers the vehicle and all fees have been paid to Contractor, the owner, operator, or
agent may be referred to the City Clerk, City of National City to file a Claim for
Damages against City.
7.4 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
1st 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
Contract for Towing & Impound Services 22 City of National City
Oct 1, 2021 —Sept 30, 2023 and A to Z Enterprises, Inc.,
DBA RoadOne
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.
7.7 Towing Proiram Fee - Payments
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 in
Revenue Account Number 001-11000-3558.
7.8 Negligent Vehicle Imnound 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 the
last day of the month, (inclusive).
Payments due on the twentieth (20th) day of the month shall include and account for all
vehicles released by Contractor between the first (1st) day of the month and the fifteenth
(15th) day of the month, (inclusive).
Contract for Towing & Impound Services 23 City of National City
Oct 1, 2021 -Sept 30, 2023 and A to Z Enterprises, Inc.,
DBA RoadOne
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 - Late Fee
Any amount owed to the City more than fifteen (15) calendar days beyond the due date,
shall be considered delinquent and will be in breach of contract. Failure to pay any
amount owed to the City may result in the Contractor being suspended from the contract
until such amount is paid. Interest will be charged on unpaid amounts at the maximum
rate permitted by law. Partial payments will not be accepted.
7.13 Administrative Review 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 the
last day of the month, (inclusive).
Payments due on the twentieth (20th) day of the month shall include and account for all
vehicles released by Contractor between the first (1st) day of the month and the fifteenth
Contract for Towing & Impound Services 24 City of National City
Oct 1, 2021—Sept 30, 2023 and A to Z Enterprises, Inc.,
DBA RoadOne
(15th) 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 Administrative Review 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 Kaccentions 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 A to Z Enterprises, Inc.,
DBA RoadOne
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 Ouestions. Problems. or Controversy Associated with Vehicle Release
In the event Contractor experiences problems, questions or controversy associated with a
customer demanding the release of a police initiated or referral tow, Contractor shall
notify the police department. Additionally, if Contractor discovers a questionable DMV
document, an officer shall be dispatched to resolve the problem.
8.4 Exnert 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 Driver's License and California
Vehicle Registration documents. A recognized expert employed by the California
Department of Motor Vehicles shall conduct training. Training shall include but not be
limited to recognition and identification of counterfeit, altered, or forged California
Driver's License and California Registration and Title Certificates. The Contract
Administrators shall coordinate date, time and location of training.
MINIMUM TRUCK EQUIPMENT and STORAGE LOT REOUIREM NTS
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 1, 2021-Sept 30, 2023 and A to Z Enterprises, Inc.,
DBA RoadOne
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 track, 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, 202I —Sept 30, 2023 and A to Z Enterprises, Inc.,
DBA RoadOne
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 Equipment
Each tow truck responding to police initiated towing and impound services shall be
equipped with lighting systems as required by California Vehicle Code Sections 24605,
24606 and 25253. Additionally, tow trucks shall be equipped with utility lamp lighting
systems than comply with California Vehicle Code Section 25110.
9.4 California Highway Patrol Insnection Certification
During each year of this Agreement, Contractor shall obtain and retain an annual
California Highway Patrol (CHP) tow truck safety inspection certification. Contractor
shall annually be able to show proof that every vehicle in each category required for
service under this Agreement providing services to the City has passed a CHP tow truck
safety inspection. Tow trucks not passing inspections or meeting the requirements of this
section shall immediately be removed from rotation. The tow truck may return to rotation
once the truck has successfully passed a re -inspection by the original inspecting agency.
Nothing in this section is intended to prevent, or preclude the National City Police
Department from performing periodic unscheduled inspections to insure compliance with
the requirements of the California Vehicle Code and this Agreement.
9.5 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 Reauirements
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.
Contract for Towing & Impound Services 28 City of National City
Oct 1, 2021—Sept 30, 2023 and A to Z Enterprises, Inc.,
DSA RoadOne
Construction of the fence and gates must be of sufficient construction to prevent entry
into the storage area of unauthorized persons or vehicles.
2. Alarms and intrusion sensors that provide immediate notification
capabilities at all times or similar devices or security measures.
3.. Sufficient lighting to detect unauthorized entrance at night.
4. The storage yard shall be served by drainage facilities adequate to prevent
the accumulation of standing water. The vehicle storage area must remain free of mud,
pools of standing water, debris, or other elements that would be harmful to the stored
vehicle, vehicle contents, or to persons viewing, inspecting or recovering the vehicles.
The vehicle storage area, including all driveways and access roads, shall be surfaced in a
manner so as to prevent the listed conditions. An acceptable surface includes concrete,
asphalt, asphaltic concrete, or decomposed graxite 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 Minimum Lighting Reouirements - 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 A to Z Enterprises, Inc.,
DBA RoadOne
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.
XNSURANcE REOUIREMENTS
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 A to Z Enterprises, Inc.,
DBA RoadOne
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.
Contract for Towing & Impound Services 31 City of National City
Oct 1, 2021—Sept 30, 2023 and A to Z Enterprises, Inc.,
DBA RoadOne
Any aggregate insurance limits must apply solely to the Contract.
The Certificate Holder for all policies of insurance required by this Agreement shall be:
City of National City
c/o 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 ambiguities
are to be resolved against the drafting party shall not apply in the interpretation of this
Agreement, or any portions hereof, or any attachments, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and
year first above written.
[Signature Page to Follow]
Contract for Towing & Impound Services 32 City of National City
Oct 1, 2021—Sept 30, 2023 and A to Z Enterprises, Inc.,
DBA RoadOne
CITY OF NATIONAL CITY
By:
Alejandra Sotelo Solis, Mayor
APPROVED AS TO FORM:
I /L
Charles E. Bell, Jr.
City Attorney
A TO Z ENTERPRISES, INC.
DBA ROADONE
By: ,
CARD y, Owner
By:
:!< W,n= t-!tr , Owner
Contract for Towing & Impound Services 33 City of National City
Oct 1, 2021—Sept 30, 2023 and A to Z Enterprises, Inc.,
DBA RoadOne
ATTACHMENT A
TOWING FEE SCHEDULE
SERVICE FEE
• BASIC TOWING
Includes first hour hookup, labor, standby time, for vehicles under 9,500
GVW (unloaded).
$ 180.00
• 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).
$ 225.00
• 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
$ 45.00
• 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 A to Z Enterprises, Inc.,
DBA RoadOne
• NOTIFICATION OF LIEN SALE
Vehicle valued at over $4,000. (22851.12 CVC). $ 100.00
• POLICE EQUIPMENT TOWING
Inside jurisdictional limits of National City.
No Charge
• CITY EQUIPMENT TOWING
Includes all City vehicles. Also includes police vehicles towed from outside
jurisdictional limits of National City.
25% basic
tow fee
• 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 FEE
$124.00
• SERIOUS TRAFFIC OFFENDER PROGRAM FEE
$150.00
Contract for Towing & Impound Services 35
Oct I, 2021—Sept 30, 2023
City of National City
and A to Z Enterprises, Inc.,
DBA RoadOne
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 Vehi le C de
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 A to Z Enterprises, Inc.,
DBA RoadOne
11.32.060
11.32.070
11.32.160
11.32.250 (e)
National City 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 A to Z Enterprises, Inc.,
DBA RoadOne
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(10(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 1, 2021 —Sept 30, 2023 and A to Z Enterprises, Inc.,
DBA RoadOne