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City Council Staff Report
DATE: April 18, 2007 CONSENT AGENDA
SUBJECT: Add Brothers Towing to the List of Rotational Tow Contractors
FROM: David Ready, City Manager
BY: Palm Springs Police Department
SUMMARY
On December 20, 2006, the City Council approved the Rotational Tow Contract and
three tow contractors. Brothers Towing was not recommended by staff at that time,
however, after meetings between Police staff and representatives from Brothers
Towing, it is recommended that they be added to the list.
STAFF RECOMMENDATION:
1. Adopt Minute Order No. , approving the addition of Brothers Towing to the
City Tow Contract.
2. Authorize the City Manager to execute all necessary documents.
ISSUE ANALYSIS-
On December 20, 2006, City Council approved Resolution 21792, approving
agreements with three tow operators to tow vehicles for the City of Palm Springs. Prior
to that action, there were four tow operators who had applied for consideration. One
operator, Brothers Towing, was not recommended by Police staff due to concerns
regarding matters such as response times, customer complaints and other issues.
Representatives from Brothers Towing requested to appeal this decision. Hence, staff
from the Police Department and the City Attorney met with them on two occasions. The
representatives from Brothers Towing provided evidence that they had reorganized their
operations significantly and had increased their towing capacity by reducing a majority
of their calls for service with the Automobile Club of Southern California (AAA). Brothers
ITEM NO.
City Council Staff Report
April 18, 2007 -- Page 2
Use of Police Department Firearms Range
Towing represented to City Staff that their prior commitment to AAA had, in some
cases, negatively impacted their service to the City. They assured staff that they have
made a good faith effort to correct the deficiencies that were originally a concern. AS a
result, Police staff now recommends that Brothers Towing be added to the list of tow
operators and that the City enters into an agreement with them for towing and storage
services.
FISCAL IMPACT:
The cost to administer the tow contracts will be offset by the authorized towing fees.
Gary Je dr n, Police Chief
David H. Ready, City M r
Attachments: Minute Order
MINUTE ORDER NO.
ADOPT MINUTE ORDER NO. , APPROVING AN
AGREEMENT WITH BROTHERS TOWING, ADDING
THEM TO THE LIST OF APPROVED TOW COMPANIES
FOR AS-NEEDED VEHICLE TOWING AND STORAGE
SERVICES FOR THE PALM SPRINGS POLICE
DEPARTMENT.
1, James Thompson, City Clerk of the City of Palm Springs, hereby certify that this
Minute Order, approving an agreement with Brothers Towing for as-needed vehicle
towing and storage service for the Palm Springs Police Department, was adopted by the
City Council of the City of Palm Springs, California, in a meeting thereof held on the 18th
day of April, 2007.
James Thompson, City Clerk
CITY OF PALM SPRINGS
OFFICIAL POLICE TOW SERVICE AGREEMENT
Contractor: Brothers Towing Inc.
Effective pate: April 1, 2007
Table of Contents
RECITALS ................................. . ............................................................ .. ............. 1
AGREEMENT...................................................... ....................................................... 2
1.0 SCOPE OF SERVICES............................................. .. .. ...................................... 2
2.0 CONSIDERATION. . .. ............................................................ ...................... 3
3.0 VTACR FEE................... ..................................................... ... .. ..... 4
4.0 TERM AND TERMINATION. ..................................................................... ........ ......4
5-0 LOCATION......................................... ......................................................... 5
6.0 PERSONNEL................................................ ....................................................... 5
7.0 TOW SERVICE DUTIES...................................................... . . . ............................ 8
8.0 RESPONSE TO CALLS AND RESPONSE TIME.......................... ................... 9
9.0 EQUIPMENT STANDARDS --------------............................................................................ I
10-0 COMMUNICATIONS REQUIREMENTS ---------------..................................................... 12
11.0 HOURS.......................................... • . . . • ........................................................ 12
12.0 VEHICLE IDENTIFICATION .............................. ......................................... 13
13.0 STORAGE SERVICE RESPONSIBILITIES .......................... ........................... 13
14.0 STORAGE FACILITY STANDARDS............................................................................ 14
15.0 IMPOUND VEHICLES —INSIDE STORAGE............................................................... 15
16-0 RECORD KEEPING & REPORTING............................................................................. 16
ITT LIENS AND DISPOSALS ...................I........................................................................... 18
18.0 PERFORMANCE . . ................................................................. -- ........... 19
19.0 INSPECTION ....... . . .................................................................................................. 19
20.0 MOTORISTS ASSISTANCE.... . . ................................................................. 19
21.0 RISK .......................................................... • .....................................................20
22.0 INSOLVENCY........................................................ ....................................... 20
23.0 SUCCESSORS . ............................................................... . ......................... 20
24.0 INDEMNITY... ................................................................................................................21
25.0 ASSIGNMENT.............. . .................................................................... . . • .........21
26.0 INSURANCE........................................ .• . . . .............................................................. 21
27.0 INTEGRATION .................................................. . • ........................................ 23
28.0 AMENDMENT. .. ...........................................................................••- --........................23
29.0 NO WAIVER.............................. ............................................................... 23
30.0 THIRD PARTY BENEFICIARIES.............................. ....................................... 24
31.0 INDEPENDENT CONTRACTOR.......................................................... ......... 24
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32.0 CONTROL....... .. .. ............................................. .. .. .. ...................................... 24
33.0 WORKERS' COMPENSATION ....................... ................................................24
34.0 EXECUTION OF AGREEMENT .. .. ............................................ .......... 25
35.0 DRY RUNS .......... .............................................. . ...................................... 25
36.0 CITY VEHICLE TOWING........................ ............................................... 25
37.0 RESPONSIBILITY................... ...................................... • ................ 25
38.0 TOWING PURSUANT TO ABANDONED VEHICLE ABATEMENT PROGRAM... 25
39.0 BREACH OF CONTRACT....................... .. .. .. .. ............................................ 26
40.0 ACTS OR OMISSIONS OF REPRESENTATIVES ....................................................... 27
41.0 CHARGES................................... •........................................................................ 27
42.0 NOTICES............. .. ............................................... . •.......................................... 27
43.0 CHANGE OF CIRCUMSTANCES ............................................. • . . .. • ...... 28
44.0 SEVERABILITY.............. • . ................................................. .......................... 28
45.0 VENUE.......... ........................................... ......................................... 28
46.0 EFFECTIVE DATE................................... .......................................... 28
SIGNATUREPAGE ............................ .. .......................................................................... 29
Palm Springs Police Department Official Police Tow Service Agreement
52,1209 1
CITY OF PALM SPRINGS
OFFICIAL. POLICE TOW SERVICE AGREEMENT
THIS OFFICIAL POLICE TOW SERVICE AGREEMENT (the "Agreement") is
made and entered into this 1st day of April, 2007 by and between the CITY OF PALM
SPRINGS, a California municipal corporation (hereinafter referred to as "CITY"), and
BROTHERS TOWING, INC. II, A California corporation (hereinafter referred to as
"OFFICIAL TOW SERVICE")- Any reference in this Agreement to the "Department"
shall be deemed to refer to the Palm Springs Police Department.
RECITALS
A. CITY's Police Department requires the aid and assistance of towing
services on a regular basis in the performance of its emergency response and traffic
control duties, including response to and investigation of vehicular accidents.
B. As a means for providing the necessary towing service, CITY has
approved the use of certain towing service companies who have agreed to contract with
CITY to provide the requisite towing service pursuant to the requirements and
performance criteria established by the CITY's Police Department, as set forth in the
terms and conditions contained herein and in the City of Palm Springs Request for
Proposals/Statements of Qualifications (RFP 02-06) for Towing and Storage of Vehicles
as Requested by the Palm Springs Police Department-
C. Official Tow Service means a towing company selected by the Department
to be used on-call and on a rotational basis for any police emergency or response
situation where the use of a tow truck is required.
D. In order for a towing service company to perform as an Official Tow
Service for CITY, the towing service company must enter into a contractual agreement
with CITY and must be designated by CITY as an Official Tow Service,
E. OFFICIAL TOW SERVICE owns or leases tow trucks and employs
personnel that are capable of providing the desired vehicle towing and storage services
to CITY. OFFICIAL TOW SERVICE requested and received reconsideration of its
proposal subject to additional requirements and commitments that will assure
appropriate performance of its obligations under this Agreement.
F. CITY desires to designate OFFICIAL TOW SERVICE and OFFICIAL TOW
SERVICE desires to accept and be designated by CITY, as an independent contractor,
for purposes of providing police towing and vehicle impound and storage services for
CITY, pursuant to the terms and conditions set forth in this Agreement.
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NOW, THEREFORE, in consideration of the foregoing recitals, which are
incorporated herein by reference, and the mutual promises, covenants, and conditions
contained herein, the parties agree as follows:
AGREEMENT
The Agreement between the parties hereto shall consist of the following: (1) this
Agreement; (2) the City of Palm Springs Request for Proposals/Statements of
Qualifications (RFP 02-06) for Towing and Storage of Vehicles as Requested by the
Palm Springs Police Department (including Addendum No. 1 thereto) ("RFP"); and, (3)
the signed, original Proposal/Statement of Qualifications submitted by the OFFICIAL
TOW SERVICE in response the RFP ("Proposal'), which shall all be referred to
collectively hereinafter as the "Contract Documents." The RFP and the Proposal are
both hereby incorporated by reference and are made part of this Agreement as though
fully set forth herein. All provisions of the RFP and the Proposal shall be binding on the
parties. Should any inconsistency or ambiguity occur or exist in the Contract
Documents, the provisions of the Agreement, then the provisions of the RFP, then the
provisions of the Proposal shall control. To ensure the efficient performance of police
towing services for the Department, OFFICIAL TOW SERVICE hereby agrees to the
following service provider requirements, specifications, performance criteria, and terms
and conditions:
1.0 SCOPE OF SERVICES
1.1 OFFICIAL TOW SERVICE shall perform vehicle towing, impound, and storage
services as directed by the Department and in addition such other services as
provided in this Agreement, and shall provide necessary storage facilities, tow
services, labor, materials, equipment, machinery, and tools.
12 OFFICIAL TOW SERVICE shall comply with all federal, state, and local laws,
ordinances, rules, and regulations that regulate tow units and impound, towing,
storage, selling, or junking of vehicles. Specific services include, but are not
limited to, towing and storage of vehicles involved in accidents or disabled for
other causes (when alternate towing is either not appropriate or is not requested
by the owner or operator of the vehicle) and towing and storing of vehicles which
for other reasons are within the jurisdiction of the Palm Springs Police
Department, including impounded/forfeited vehicles under the provisions of
California Vehicle Code 14602.E and 14607.6. OFFICIAL TOW SERVICE shall
be able to properly conduct a lien sale as outlined in Division 11, Chapter 10,
Article 2, beginning with Section 22851 of the California Vehicle Code.
1.3 OFFICIAL TOW SERVICE shall also provide the following special services to the
CITY, at no charge to CITY:
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1.3.1 Towing services necessary to support the City's Thursday night
Villagefest. On a weekly rotation, OFFICIAL TOW SERVICE shall remove
cars from areas within the Villagefest boundaries, coordinating with
Villagefest staff and the Department.
1.3.2 CITY vehicle towing, as further described in Section 36.0 hereof.
1.3.3 As-needed abatement of vehicles from private property at the direction of
the CITY's Code Enforcement Officers in accordance with the CITY's
Abandoned Vehicle Abatement Program, as further described in Section
38.0 hereof.
1.4 OFFICIAL TOW SERVICE is hereby designated as an authorized police tow
service provider for CITY by the Chief of Police. All trucks, personnel, and
equipment used by OFFICIAL TOW SERVICE in the performance of this
Agreement shall be owned by or leased to OFFICIAL TOW SERVICE and shall
be subject to all provisions and performance standards set forth herein.
1.5 The OFFICIAL TOW SERVICE acknowledges and agrees that this Agreement to
provide tow services as set forth herein is non-exclusive. CITY intends to
concurrently contract with other designated tow service providers. CITY shall
utilize the services of each tow service provider as CITY, in its sole discretion,
deems necessary and appropriate.
2.0 CONSIDERATION
In consideration of OFFICIAL TOW SERVICE's agreement to perform the
services provided for herein, CITY agrees that throughout the term of this Agreement,
OFFICIAL TOW SERVICE shall have:
2.1 The right to tow, impound, and store vehicles at the direction of the Department
within the jurisdictional boundaries of CITY, subject to the Department's
rotational call-for-service system, as it may be amended from time to time, at the
Department's sole discretion, and the right to identify itself as an official police
tow service provider for CITY.
2.2 Provided, however, that nothing contained herein shall deprive the owner or
operator of a vehicle from requesting and receiving towing services from a
person or entity other than OFFICIAL TOW SERVICE.
2.3 Provided, however, that when, in the opinion of the Department, an emergency
exists or where OFFICIAL TOW SERVICE is either unable or unwilling for any
reason to provide adequate or timely tow service, then the Department shall have
the right to call other qualified tow services. Under such circumstances, the
decision to call another tow service shall be at the exclusive discretion of the
Department.
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3.0 VTACR FEE
3.1 In accordance with Sections 11.82.090 and 11.82.100 of the Palm Springs
Municipal Code, on or before the Effective Date of this Agreement, and or before
each annual anniversary of the Effective Date, OFFICIAL TOW SERVICE shall
pay CITY in full a vehicle towing administrative cost recovery fee for the CITY's
administering this Agreement and operating a vehicle towing program ("VTACR
fee"), in an amount established by the City Council and/or the Chief of Police
pursuant to Palm Springs Municipal Code Section 11.82.100, as it may be
amended from time to time.
3.2 When OFFICIAL TOW SERVICE fails, neglects, or refuses to pay or remit the
VTACR fee under this Section, or otherwise pays the VTACR fee but later
cancels or stops payment on it, and in either situation that fee's payment or
remittance is lawfully due or owing, the entire amount of the unpaid or non-
remitted VTACR fee constitutes a debt to the City by OFFICIAL TOW SERVICE,
from whom the City may recover in a civil action. The failure to timely pay the
VTACR shall also be deemed a material breach of this Agreement and the Police
Chief may terminate the Agreement as provided for herein.
4.0 TERM AND TERMINATION
4.1 This Agreement shall remain in effect for three (3) years from the Effective Date.
This Agreement may be reviewed at the conclusion of the initial three (3) year
period and extended for up to two (2) one (1) year periods by mutual written
agreement of the parties.
4.2 Subject to the requirements of Palm Springs Municipal Code Section 11.82.150,
as it may be amended from time to time, this Agreement may be cancelled,
revoked, and/or suspended by Chief of Police at any time during the three (3)
year term, or the subsequent one (1) year terms if extended, upon OFFICIAL
TOW SERVICE's breach of this Agreement. In the event of termination for cause
by the Chief of Police, OFFICIAL TOW SERVICE shall be compensated for those
services that have been fully and adequately completed and accepted by the
Department as of the date of termination, but only upon City receipt of an
itemized and documented statement of costs submitted to the Chief of Police
within five (6) business days of the date of termination. In the event the
Agreement is terminated pursuant to the provisions of this Section 4.2, Offical
Tow Operator shall not be entitled to reimbursement of any portion of the VTACR
fee for any remaining portion of any term for which the VTACR had been paid.
Termination of this Agreement for cause may be considered by CITY in
determining whether to enter into future contracts with OFFICIAL TOW
SERVICE.
4.3 This Agreement may also be cancelled without cause upon sixty (60) days
written notice provided by either party. In the event that CITY should cancel,
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revoke, or suspend OFFICIAL TOW SERVICE's work pursuant to this Section
4.3, OFFICIAL TOW SERVICE shall be entitled to payment for services fully and
adequately provided hereunder prior to the effective date of the cancellation,
revocation, or suspension; however, OFFICIAL TOW SERVICE shall not be
entitled to reimbursement of any portion of the VTACR fee that reflects OFFICIAL
TOW SERVICE payment of the VTACR fee for any portion of the term cancelled,
revoked, or suspended by the City. OFFICIAL TOW SERVICE shall provide
documentation deemed adequate by the Department to show the services
actually completed by OFFICIAL TOW SERVICE prior to the effective date of
termination. OFFICIAL TOW SERVICE'S sole remedy for CITY'S cancellation,
revocation, or suspension of work pursuant to this Section 4.3 shall be the
payment of funds as expressly provided in this Section 4.3.
4.4 In the event this Agreement is terminated, in whole or in part, as provided by this
Section 4.0, CITY may procure, upon such terms and in such manner as it deems
appropriate, services similar to those terminated.
4.5 The rights and remedies of the parties provided in this Section 4.0 are in addition
to any other rights and remedies provided by law or under this Agreement,
including, but not limited to, those rights and remedies set forth in Palm Springs
Municipal Code Section 11.82.150, as it may be amended.
5.0 LOCATION
5.1 All storage facilities that are utilized to store police-stored or impounded vehicles
by OFFICIAL TOW SERVICE shall be located within the corporate city limits of
the City of Palm Springs.
5.2 All vehicles stored or impounded at the direction of the Department shall be
towed, without delay, directly to OFFICIAL TOW SERVICES's impound and
storage facilities, unless the Department or other person legally in charge of the
vehicle requests that it be taken to some other location.
5.3 Any change in OFFICIAL TOW SERVICE's operating/facility locations shall be
reported, in writing, to the Department at least thirty (30) days prior to making
such change.
6.0 PERSONNEL
6.1 OFFICIAL TOW SERVICE shall ensure that its employees and tow truck
operators are qualified and competent employees of the company and are
sufficiently trained and capable to ensure the safe and proper discharge of their
service responsibilities. All tow truck operators shall be trained and proficient in
the use of the taw truck and related equipment, including, but not limited to, the
procedures necessary for the safe towing and recovery of the various types of
vehicles serviced through the Department rotation program. OFFICIAL TOW
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SERVICE shall ensure that each tow truck operator and employee providing
dispatch services for OFFICIAL. TOW SERVICE participate in one (1) customer
service training offered by, but not limited to, a local community college or tow
industry association, at least once every two years.
6.2 All OFFICIAL TOW SERVICE tow truck operators shall be required to have all
necessary certificates required by the State of California to operate a tow truck,
including a valid California Tow Truck Driver Certification and California Driver's
Licenses in the proper class pursuant to Vehicle Code Sections 13378 and
12804.9(b). Within ten (10) days of the Effective Date of this Agreement, and
annually thereafter (within ten (10) days or the anniversary of the Effective Date
of this Agreement), OFFICIAL TOW SERVICE shall provide a list of its tow truck
operators and a CHIP Form 234F (Tow Operator/Driver Information) for each tow
truck operator and such other executed releases and authorizations as the CITY
may require to allow the Department to conduct a background check, including,
but not limited to a Department a State of California Department of Motor
Vehicles ("DMV") printout, and fingerprints for each tow truck operator to be
utilized in Department tow program_ Any subsequent employment of a new tow
truck operator shall be reported in writing to the Department immediately,
including submittal of the above referenced materials.
6.3 All OFFICIAL TOW SERVICE tow truck operators shall be required to have a
safe driving record, be 18 years of age or older, and be subject to driving record
and criminal background checks by the Department.
6.4 The OFFICIAL TOW SERVICE shall have an alcohol and drug program that
includes, at a minimum, an alcohol and drug free workplace policy, and a tow
truck operator alcohol/drug-testing program that complies with the U.S.
Department of Transportation requirements to the extent allowed by law,
including random alcohol and drug testing. Any tow truck operator found working
under the inrluence of alcohol or drugs shall be immediately removed from
operating a tow truck and from providing any further services pursuant to this
Agreement. The alcohol and drug program shall meet the following requirements:
6.4.1 A contract with a program administrator and authorized lab
certified by the U.S. Department of Transportation; and
6.4.2 Procedures and components substantially as in Part 40 of
Title 49 of the Code of Federal Regulations for pre-
employment; and
6.4.3 Procedures and components substantially as in Part 382 of
Title 49 of the Code of Federal Regulations for rehabilitation,
return-to-duty and follow up testing; and
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6.4.4 Procedures and components for random testing following
U.S. Department of Transportation guidelines, and additional
tests as required following accidents, rehabilitation, return-to-
service, and other circumstances providing reasonable
suspicion to test; and
6A.5 Monthly reports of the random testing component shall be
filed with the DEPARTMENT by the program administrator
no later than the 10th day following the end of the previous
monthly reporting period; and
6.4.6 The OFFICIAL TOW SERVICE and program administrator's
alcohol and drug program records shall be made available to
the DEPARTMENT upon request; and
6.4.7 Drivers must show a valid California drivel's license at the
time and place or testing; and
6.4.8 All lest results are kept confidential except that the
DEPARTMENT is authorized to receive copies for its
administrative purposes, and except as otherwise authorized
or required by law.
6.5 OFFICIAL TOW SERVICE shall participate in the California Department of Motor
Vehicles (DMV) Employer Pull Notice Program, or any similar program as may
be approved by the Department-
6-6 OFFICIAL TOW SERVICE shall not employ in the performance of services
pursuant to this Agreement any tow truck operator convicted of or having pled
nolo contendere to a crime involving a stolen vehicle, stolen property, violence,
drugs or moral turpitude, fraud related to the towing business, a violation of any
of the provisions of Vehicle Code Section 22658, or misdemeanor or felony
driving while under the influence of alcohol or drugs, or the crimes listed in
Vehicle Code Section 13377. If any tow truck operator is charged with any of the
above-listed crimes, OFFICIAL TOW SERVICE shall immediately suspend that
operator from duties under this Agreement pending the outcome of the criminal
case.
6.7 OFFICIAL TOW SERVICE tow truck operators shall maintain acceptable
standards of dress, including uniforms, and cleanliness while on duty in the
community.
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6.8 OFFICIAL TOW SERVICE low truck operators shall fully cooperate with and
abide by the instructions of the Deparlmen['s officers.
6.9 If any tow truck operator becomes ineligible to provide operator services under
this Agreement, the OFFICIAL TOW SERVICE shall immediately notify the
Department in writing of such ineligibility and the reason(s) therefore.
6.10 If requested by the Department, all OFFICIAL TOW SERVICE tow truck
operators shall obtain from the Department a clip-on identification tag, which
such operator shall wear at all times when performing services pursuant to this
Agreement in order to allow ease of tow truck operator identification.
6.11 While involved in the Department rotation tow operations or related business,
OFFICIAL TOW SERVICE and its employees shall refrain from any act(s) of
misconduct, including but not limited to, any of the following enumerated acts. At
the sole discretion of the Police Chief or his/her designee, non-compliance with
this section may constitute grounds for disciplinary action.
6.11.1 Rude or discourteous behavior.
6.11.2 Lack of service, selective service, or refusal to provide service
which OFFICIAL TOW SERVICE should be capable of performing.
6.11.3 Any act of sexual harassment or sexual impropriety_
6.11.4 Unsafe driving practices.
6.11.5 Exhibiting any objective symptoms of alcohol and/or drug use.
6.11.E Appearing at the scene of a Department rotation tow call with the
odor of an alcoholic beverage emitting from his/her breath. Tow
truck operators shall submit to a preliminary alcohol screening test
upon demand of the Department.
6.12 OFFICAL TOW SERVICE shall maintain, implement, and fully enforce the hiring
practices listed on Attachment "B" to this Agreement.
7.0 TOW SERVICE DUTIES
After being dispatched to the scene by the Department, OFFICIAL TOW
SERVICE tow truck operators shall comply with the following:
7.1 Not move nor attach a tow truck to any vehicle until instructed to do so by the
investigating officer of the Department;
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7.2 Cooperate with the investigating officer of the Department in removing hazards
and/or illegally parked vehicles, and in the storing or impounding of such vehicles
as requested. It is the duty of the police officers to determine when a vehicle
should be impounded or moved, and the tow truck attendant shall abide by their
decisions;
7.3 On collision calls, clean-up and remove all debris from the accident scene,
including but not limited to, clean-up and removal of all hazardous
materials/vehicle fluids in the street with absorbent material, as directed by
Department officers and Section 27700 of the California Vehicle Code;
7.4 Provide the owner or driver of towed vehicles (when present at scene) with an
OFFICIAL TOW SERVICE business card indicating where vehicle will be stored
or impounded (including address and telephone number); and
7.5 Deliver upon request all personal property located within stored or impounded
vehicles upon: (a) presentation of proper identification; and (b) in the case of
impounded vehicles, written authorization by the Department.
U RESPONSE TO CALLS AND RESPONSE TIME
8.1 All official police tow service providers, including OFFICIAL TOW SERVICE, shall
be placed on a "rotation list" in an initial order to be determined by the Police
Chief. The rotation list shall be used whenever a driver or owner of a disabled
vehicle is unable to specify a particular garage or tow service, or whenever a
Department employee stores or impounds a vehicle and the driver or owner is
not present or is not consulted.
8.2 OFFICIAL TOW SERVICE shall be called in response to a Department request
upon the occurrence of its turn in rotation. Whenever OFFICIAL TOW SERVICE
cannot, for any reason, respond with any equipment needed to accomplish the
requested service within the response time specified herein, it shall be passed
over and the next official police tow service provider on the list will be called.
OFFICIAL TOW SERVICE shall become eligible to provide service again only in
its next turn in rotation. Whenever a Department employee determines that an
emergency exists because OFFICIAL TOW SERVICE is unable, for any reason,
to provide adequate tow service, the Department employee shall have the right to
have such services performed by any other means available. In the event a
Department employee cancels a rotation tow due to no fault on the part of the
official police tow service provider, that provider shall be placed on the top of the
rotation list for the next requested tow.
8.3 When OFFICIAL TOW SERVICE will be temporarily unavailable to provide
services due to a preplanned/scheduled activity (i.e., vacations, maintenance,
medical leave, etc.), OFFICIAL TOW SERVICE shall notify the Department at
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least twenty-four (24) hours prior to the date that services will be unavailable,
noting times and dates of the unavailability.
8.4 When responding to a Department call, OFFICIAL. TOW SERVICE shall perform
the towing or service required for which it was called. This requirement may be
waived by the Department officer in charge, if the requested equipment is
inadequate for the service to be performed; provided, however, if OFFICIAL
TOW SERVICE supplies the wrong equipment, it shall be placed upon the
bottom of the Department rotation list.
8.5 OFFICIAL TOW SERVICE shall not respond to a Department call assigned to
another official police tow service provider unless requested to do so by the
Department. If the OFFICIAL TOW SERVICE tow truck operator responding to a
Department call requires the assistance of an additional tow truck at the scene,
OFFICIAL TOW SERVICE may, subject to the prior approval of the Department
officer in charge, request the official police tow service provider next on the
Department rotation list to assist it.
8.6 OFFICIAL TOW SERVICE dispatcher shall notify the Department when a tow
vehicle cannot respond immediately, give the reason for the delay, and an
estimated time of arrival. In the event of an additional delay, OFFICIAL TOW
SERVICE dispatcher shall again notify the Department and give the new
estimated time of arrival. To ensure a timely response, the Department, in its
sole discretion, may cancel any call-far-service because of a response delay and
may request service from the next official police tow service in the rotation.
8.7 If the OFFICIAL TOW SERVICE telephone or radio is not promptly answered, or
if the line is busy when called by the Department after two (2) attempts, the
OFFICIAL TOW SERVICE being called will be bypassed and the Department
shall select the next tow service in the rotation.
8.8 If, while rendering assistance in response to a DEPARTMENT call for towing, a
second Department call for towing is generated to the OFFICIAL TOW
SERVICE, the OFFICIAL TOW SERVICE tow truck operator shall, before
responding to the second call, ensure that all vehicles at the first site are
sufficiently clear of the roadway so that no obstruction to normal traffic exists.
Once the second call is handled to conclusion, the vehicles at the first site may
be towed as necessary.
8.9 OFFICIAL TOW SERVICE agrees that, for any thirty day period, the average
response time pursuant to requests for tow service by the Department, shall not
exceed fifteen minutes. OFFICIAL TOW SERVICE also agrees that the
maximum response time for any single request for tow service by the Department
shall not exceed twenty minutes. Response time is defined as the elapsed time
between the relaying of the tow service request to the tow service provider and
arrival of the tow vehicle on the scene.
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9X EQUIPMENT STANDARDS
0.1 OFFICIAL TOW SERVICE shall provide towing equipment capable of providing
for the following services:
9.1.1 Recovery trucks with an adjustable boom with at least eight ton lifting
capacity.
9.1.2 Wheel lift towing.
9.1.3 Roll back/Flatbed towing.
9.1 A Towing in parking garages.
9.1.5 Towing from off-road areas.
9.1.6 Towing of large and oversized vehicles.
9.1.7 Towing of motorcycles without causing additional damage.
92 OFFICIAL TOW SERVICE shall own or have leased to it at least three (3) tow
trucks that will be based at its storage facilities and will be available to perform
official towing services at all times during the term of this Agreement. Each of
these tow trucks must have a minimum capacity of 14,000 GVW. At least one of
these tow trucks must be a flatbed tow truck. At least one of these tow trucks
shall have a lifting capacity of eight (8) tons.
9.3 OFFICIAL TOW SERVICE vehicles shall be equipped as tow trucks in
compliance with the provisions of the California Vehicle Code including, but not
limited to, Sections 615, 24605, 25100, 27700, and 27907. Tow trucks shall be
equipped with red flares, lanterns or reflectors, hand tools, crow-bar, rope,
broom, shovel, dustpan, absorbent material for clean-up of hazardous materials,
fire extinguisher, portable red tail lights and stop lights for towed vehicles,
equipment for opening locked vehicles, and safety chains.
9.4 Any equipment used and maintained by OFFICIAL TOW SERVICE shall be
available For inspection by the Department at any time and without request.
OFFICIAL TOW SERVICE vehicles shall be subject to random inspection by the
department.
9.5 Throughout the term of this Agreement, OFFICIAL TOW SERVICE shall maintain
in a neat and clean manner and in good working condition its storage facilities
and improvements thereon, and all vehicles, facilities, equipment, and materials
used by OFFICIAL TOW SERVICE in the performance of the services required
under this Agreement. Any deletions from the OFFICIAL TOW SERVICE tow
truck fleet shall be immediately reported, in writing, to the Department.
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10,0 COMMUNICATIONS REQUIREMENTS
10.1 OFFICIAL TOW SERVICE shall maintain a twenty-four (24) hour per day
telephone answering service to receive calls from the public and the Department.
102 OFFICIAL TOW SERVICE shall require its telephone answering service to retain
data and records relating to the CITY's requests for towing services on premises
for the term of this Agreement.
10.3 OFFICIAL TOW SERVICE shall require its answering service to promptly accept
and relay requests for towing services made by the CITY. Failure or refusal to
promptly relay the CITY's requests for towing services shall constitute failure to
comply the requirements, terms and conditions of this Agreement and may result
in suspension or termination of the Agreement.
10A OFFICIAL TOW SERVICE shall install and maintain, to the satisfaction of CITY,
at all times during the term of this Agreement, radio or cellular telephone
transmission and reception contact between the OFFICIAL TOW SERVICE
dispatcher and each OFFICIAL TOW SERVICE tow vehicle. Such
communication contact shall be maintained twenty-four (24) hours a day, seven
(7) days a week.
10.5 OFFICIAL TOW SERVICE shall provide to the Department a list of telephone
numbers to be called in order of priority, and immediately upon any change in
such telephone numbers or in the priority thereof shall notify the Department in
writing with the effective date of such change.
11.0 HOURS
11.1 OFFICIAL TOW SERVICE's business office shall be located within its storage
yard and attended at all times for servicing the public and the CITY from 8:00
a.m. to 5:00 p.m., Monday through Friday, except for the holidays of January 1,
known as New Years Day; third Monday in January, known as Dr. Martin Luther
Icing Jr.'s Birthday; third Monday in February, known as Washington's
Birthday/President's Day; last Monday in May, known as Memorial Day; July 4,
known as Independence Day; first Monday in September, known as Labor Day;
the second Monday in October, known as Columbus Day; November 11, known
as Veteran's Day; fourth Thursday in November, known as Thanksgiving Day;
and December 25, known as Christmas Day, If January 1, July 4, November 11
or December 25 fall upon a Sunday, the Monday following is a holiday and if they
fall upon Saturday, the preceding Friday is a holiday. OFFICIAL TOW SERVICE
may make an additional charge for after normal business hours release of
vehicles consistent with the guidelines or provisions of the City Council resolution
establishing fees and charges for tow services.
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11.2 OFFICIAL TOW SERVICE shall provide twenty-four (24) hour towing service,
seven (7) days a week, during the term of this Agreement.
11.3 OFFICIAL TOW SERVICE shall ensure that there will be an employee on call
capable of being present or available for releasing impounded or stored vehicles
to the public twenty-four (24) hours a day, seven (7) days a week.
12.0 VEHICLE IDENTIFICATION
12.1 Each OFFICIAL TOW SERVICE vehicle shall display identification signs, in
compliance with Section 27907 of the California Vehicle Code. OFFICIAL TOW
SERVICE shall not display any signs or advertising that indicate the OFFICIAL
TOW SERVICE is an official towing service or police garage of the CITY.
12.2 OFFICIAL TOW SERVICE shall not, through their advertisements or otherwise,
in any way publicize any official or other business connection with CITY, nor shall
OFFICIAL TOW SERVICE advertise any address or telephone number of the
CITY as a location to call For vehicle towing and storage service.
13.0 STORAGE SERVICE RESPONSIBILITIES
13.1 OFFICIAL TOW SERVICE shall be responsible for all vehicles, accessories, and
equipment thereon, and all personal property therein, stored by it. It shall be
OFFICIAL TOW SERVICE's duty to protect such stored vehicles, accessories,
equipment, and property against all loss, damage by fire, theft, or other causes.
In the event of loss or damage to a stored vehicle, its accessories or equipment,
or personal property contained in the vehicle, OFFICIAL TOW SERVICE shall be
responsible to the owner for all losses or damages.
13.2 OFFICIAL TOW SERVICE shall be responsible for the acts and omissions of its
employees while on duty. OFFICIAL TOW SERVICE shall be responsible for
any property damage caused by the active or passive negligence of OFFICIAL
TOW SERVICE or its employees.
13.3 OFFICIAL TOW SERVICE shall abide by all federal, state, and local laws
pertaining to the disposal of unclaimed vehicles and shall not use any vehicle
stored or impounded as a result of tow ordered by the Department for any
purpose except as expressly authorized under this Agreement.
13A All vehicles stored or impounded by OFFICIAL TOW SERVICE as a result of a
tow ordered by the Department shall be towed directly to an official storage lot,
unless the Department or other person legally in charge of the vehicle requests
that it be taken to some other location. Vehicle release fees shall be limited to
those established by resolution of the City Council of the City of Palm Springs.
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13.5 OFFICIAL TOW SERVICE shall release vehicles stored or impounded by the
Department pursuant to authorization provided by appropriate employees of the
Department. Such authorization shall be in writing on a form provided by the
Department or may be given verbally by employees authorized by the
Department to provide verbal releases.
13.6 All vehicles stored or impounded as a result of a tow ordered by the Department
shall be made available during business hours to the owner of the vehicle or his
representative, or any authorized insurance agent, insurance adjuster, or any
body shop or car dealer, for the purpose or estimating or appraising damages,
except vehicles with a "police hold."
13.7 Personal property in vehicles stored by OFFICIAL TOW SERVICE shall not be
disposed of to defray any charges for the towing or storage of a vehicle; and, if
not called for by the owner within thirty (30) days after date of notice by the
Department of impound or storage, all such property shall be disposed of in
accordance with all State, County and Municipal laws, statutes, ordinances and
regulations, including without limitation, Vehicle Code Section 10652 (reporting
storage of vehicles over thirty days).
13.8 OFFICIAL TOW SERVICE shall take all reasonable precautions required by the
Department to avoid damage to any evidence, such as fingerprints or stains.
13.9 OFFICIAL TOW SERVICE shall take whatever actions and precautions
necessary to protect the engines, trunks and interior areas of all stored or
impounded vehicles against the elements by rolling up windows, closing doors,
trunk lids and hoods, and, if necessary, covering the vehicle or parts thereof
exposed to the weather with plastic, canvas or other waterproof covering.
13.10 OFFICIAL TOW SERVICE shall park all stored or impounded vehicles in such a
manner as to prevent any damage while other vehicles are being moved or
parked in the vicinity of said vehicles.
14.0 STORAGE FACILITY STANDARDS
14.1 OFFICIAL TOW SERVICE shall provide a secure and environmentally safe
vehicle storage facility with a minimum of fifteen thousand (15,000) usable
square feet.
14.2 The vehicle storage facility must be located within the corporate City limits of the
City of Palm Springs,
14.3 The vehicle storage facility must be completely enclosed by a six foot high wall or
fence with no holes, gaps or other unsecured openings, and a gate. The wall or
fence shall have two or more strands of barbed wire installed in such a manner
as to discourage access over the top of the wall or fence, or the wall shall be a
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minimum of eight feet in height without barbed wire. All gates into the storage
yard shall meet the same standards required of the wall or fence. Any damage
to walls, fences or gates which allows unauthorized access must be repaired
within twenty-four hours.
14.4 The vehicle storage facility shall have adequate lighting, and comply with all
applicable building codes, zoning regulations, environmental laws and
regulations, and any and all the applicable laws, rules and regulations
established by federal, state, county and/or city governments.
14.5 OFFICIAL TOW SERVICE shall not perform any work in the vehicle storage
facility upon any vehicle stored or impounded by the Department without first
obtaining authorization from the Department and the registered owner of the
vehicle.
14.6 OFFICIAL TOW SERVICE shall not dispose of any impounded vehicle, through
any process whatsoever, without first obtaining authorization from the
Department. Nothing herein shall be deemed to prevent or prohibit OFFICIAL
TOW SERVICE from commencing the lien sale process on any such impounded
vehicle.
14.7 If OFFICIAL TOW SERVICE videotapes or otherwise records images of the
storage facility, such videotape and photographs shall be maintained by the
OFFICIAL TOW SERVICE for at least thirty (30) days.
14.8 Throughout the term of this Agreement, OFFICIAL TOW SERVICE shall maintain
all offices, storage facilities and equipment in a neat, clean and organized
manner.
14.9 All OFFICIAL TOW SERVICE's records, equipment, and storage facilities will be
subject to periodic checks by the Department or other CITY investigators during
normal business hours. OFFICIAL TOW SERVICE shall provide access to
employees of CITY at any time during normal business hours, for the purpose of
inspection or audit to determine that the objectives and conditions of this
Agreement are being fulfilled.
15.0 IMPOUND VEHICLES
15.1 Vehicles that have been impounded by order of the Department shall not be
released, lien sold, worked on, altered, or tampered with, without a written
release from the Department.
152 OFFICIAL TOW SERVICE shall maintain its facilities and equipment in the
manner described in the Proposal.
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15.3 The Department shall have sole access to such separate impound facilities when
vehicles are being held for evidence.
15.4 The Department shall designate when a vehicle is to be placed into inside
impound storage. Vehicles placed into this impound space shall not be removed
from such protection until approved and authorized in writing by the investigating
officer of the Department.
15.5 OFFICIAL TOW SERVICE shall notify the Department of any vehicles being
stored within the CITY pursuant to private party storage requests immediately
prior to commencement of the towing of such vehicles.
16.0 RECORD KEEPING & REPORTING
16.1 OFFICIAL TOW SERVICE shall record and log the time each call is received, the
time of dispatch, the time of arrival, and the time in or of the end of service on
every tow truck assignment Such records shall be available and open to CITY
examination.
162 OFFICIAL TOW SERVICE shall maintain at its place of business, complete and
accurate records or all tow services furnished under this Agreement, including a
description of all vehicles towed, impounded, or stored at the request of the
Department, the nature of services performed with respect to each tow
assignment, the start time, end time, location of, and name of the tow truck driver
for each towing assignment, and the itemized charges accrued on each vehicle
for towing and storage.
16.3 Record systems must provide for immediate access, upon inquiry by the
Department, to the following information:
16.3.1 Locate vehicle from the Department record number.
16.3.2 Locate vehicle from license number only.
16.3.3 Locate vehicle from make, color, date, and location of impound.
16.3.4. Date of filing all lien sale documents with DMV.
16.4 OFFICIAL TOW SERVICE shall also maintain business records relating to
personnel, insurance, personnel taxes, payroll, applicable operating authorities,
local operating authorities, lien sale actions, FCC licensing, and non-Department
tows.
16.5 The Department, or other CITY staff as may be designated by the Police Chief,
may inspect all OFFICIAL TOW SERVICE records required to be maintained
pursuant to this section without notice during normal business hours. OFFICIAL
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TOW SERVICE shall permit the Department to make copies of business records
at its place of business, or to remove business records for the purpose of
reproduction. The Department shall provide a receipt for any original records
removed from OFFICIAL TOW SERVICE's place of business.
16.6 All records required to be maintained by OFFICIAL TOW SERVICE pursuant to
this section shall be maintained and available for inspection for a period of two
years beyond the expiration date of the original Agreement and any extension(s)
thereof.
16.7 OFFICIAL TOW SERVICE shall submit a monthly report to the Chief of police
and Finance Director, which shall include the following information:
16.4.1 Total Department impounds and storages;
16.4.2 Number of times dispatched by the Department;
16.4.3 Number of calls for service resulting in impounds;
16.4.4 Number of vehicles sold on lien sale under authority of Civil Code
Section 3072, as may be amended from time to time;
16.4.5 Number of vehicles sold under authority of Civil Code Section 3073,
as may be amended from time to lime;
16.4,E Certification of (a) the availability of the names and addresses of
buyers and description of vehicles when sold and (b) that such
names, addresses, and descriptions are available for inspection by
the Chief of Police and the Finance Director; and
16.4.7 Number of calls for service answered in which time beyond one
hour was required to handle.
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17.0 LIENS AND DISPOSALS
17.1 OFFICIAL TOW SERVICE shall provide the Department with a list of unclaimed
vehicles thirty (30) days before they are scheduled to be disposed of or sold. On
or before the 10th of each month, OFFICIAL TOW SERVICE shall furnish to the
Department a list of all vehicles that have been sold at lien sales during the
previous month, and date of the action. The list shall include the vehicle owner's
name, address, vehicle make, year and model, license number, VIN number, and
Department record number. Copies of all lien sale documents shall be
resubmitted with such list. The documents shall be dated and include all charges
imposed on each sale.
172 OFFICIAL TOW SERVICE shall abide by all federal, state, and local laws
pertaining to the disposal of unclaimed vehicles and shall not use any vehicle
stored or impounded as a result of tow ordered by the Department for any
purpose except as expressly authorized under this Agreement.
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18.0 PERFORMANCE
18.1 OFFICIAL TOW SERVICE shall perform the services required under this
Agreement in an ethical, professional, and orderly manner and shall endeavor to
obtain and keep the confidence of the motoring public.
18.2 OFFICIAL TOW SERVICE's performance of all terms and conditions set forth
herein shall be monitored and verified by the Supervisor or Sergeant of the
Department's Traffic Division.
18.3 OFFICIAL TOW SERVICE acknowledges and agrees that the minimum
performance standards required under this Agreement shall include the
performance standards described in the RFP, but not be limited to, the following:
18.3.1 Timely payment to CITY of VTACR Fee.
18.3.2 Timely submission of all required monthly reports.
18.3.3 No more than three (3) "passes" on tow assignments within a single
calendar month.
18.3.4 The ability to maintain an average response time of fifteen (15)
minutes or less.
18.3.5 Successful re-inspection of equipment and facilities.
18.3.6 Maintenance of an error rate of less than ten (10) percent on tow
invoices, as determined by a random audit of thirty (30) tow
invoices.
18.3.7 A complaint ratio involving incidents of misconduct as provided in
Section 6.11 of this Agreement of not more than one (1) percent of
all tow requests.
19.0 INSPECTION
19.1 All real property and improvements thereon, and all facilities, equipment, and
materials used by OFFICIAL TOW SERVICE in the performance of this
Agreement shall be open to immediate inspection by the Chief of Police or his or
her designee without the need for any prior request.
20.0 MOTORISTS ASSISTANCE
20.1 Whenever a motorist requests tow assistance and does not specify a particular
tow company or membership agency, the service shall be assigned to the
OFFICIAL TOW SERVICE in accordance with the Department's adopted
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rotational call-for-service system. All charges arising out of such assistance
assigned to the OFFICIAL TOW SERVICE shall be the exclusive responsibility of
OFFICIAL TOW SERVICE and the requesting motorist. The Department shall not
be liable for any charges whatsoever arising out of a motorist assistance call.
OFFICIAL TOW SERVICE shall not charge such motorist more than the rates
specified in this Agreement.
21.0 RISK
21.1 OFFICIAL TOW SERVICE assumes all risk in the event of damage, theft, fire, or
otherwise, of the vehicles or any other property towed, impounded, or stored by
OFFICIAL TOW SERVICE, its employees or agents.
21.2 Notwithstanding any other term or condition herein, in responding to a call from
the Department, OFFICIAL TOW SERVICE shall have no claim whatsoever
against CITY or any right to recover from City for the cost of any of the services it
renders in the performance of this Agreement. OFFICIAL TOW SERVICE shall
look solely and exclusively to the owner of the vehicle, towed, impounded, or
stored for payment of the services provided by the OFFICIAL TOW SERVICE.
21.3 OFFICIAL. TOW SERVICE shall assume the entire risk of nonpayment of any
service charges incurred pursuant to this Agreement.
22.0 INSOLVENCY
22.1 OFFICIAL. TOW SERVICE shall not, without the prior written consent of the Chief
of Police, suffer either the appointment of a receiver to take possession of all or
substantially all of the assets of OFFICIAL TOW SERVICE or make a general
assignment of such assets for the benefit of creditors. Any such action taken or
suffered by OFFICIAL TOW SERVICE under any insolvency or bankruptcy
proceeding constitutes a breach of contract by OFFICIAL TOW SERVICE and all
property assigned by CITY for safe care shall be "released" to another assigned
service provider, as specified by the Chief of Police or his or her designee, with a
reimbursement for towing, storage, and related fees borne by the service
provider assuming the new responsibility.
23.0 SUCCESSORS
23.1 Each of the terms and conditions of this Agreement shall inure to the benefit of
and shall bind, as the case may be, not only the parties hereto, but each and
every one of the heirs, executors, administrators, successors, assignees, and
legal representatives of the parties.
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24.0 INDEMNITY
24.1 OFFICIAL TOW SERVICE shall protect, defend, indemnify, and hold harmless
CITY, its Council Members, officials, officers, employees and agents, against,
without limitation, any and all claims, demands, debts, obligations, liabilities,
judgments, actions, penalties, fines, costs, expenses and attorneys' fees of every
kind and description arising out of or connected in any way with OFFICIAL TOW
SERVICE's performance under this Agreement, including but not limited to: (1)
any claim or action relating to the preparation of vehicles for towing; (2) any claim
or action relating to the towing of vehicles; (3) any claim or action relating to the
storage, impound, and maintenance activities; (4) any claim or action relating to
the sale or disposal of vehicles pursuant to this Agreement; and (5) workers'
compensation.
25.0 ASSIGNMENT
25.1 OFFICIAL TOW SERVICE shall not assign its rights or delegate or otherwise
transfer its obligations under this Agreement to any other person or entity without
the prior written consent of CITY, which consent shall not be unreasonably
withheld. Any such assignment without the prior consent of CITY shall be void
and the attempted assignment shall constitute a material breach of this
Agreement.
26.0 INSURANCE
26.1 OFFICIAL TOW SERVICE, at its sole cost and expense, shall purchase and
maintain in full force and effect throughout the term of this Agreement the
following minimum levels of insurance, in a form and content satisfactory to the
CITY:
26.1.1 Commercial Business Automobile Liability, as required by Vehicle
Code Section 16500.5. Such coverage shall include bodily injury
and property damage, with a combined single limit of not less than
$750,000 per occurrence for Class A tow trucks, and $1,000, for
Class B, C, and/or D tow trucks. These minimum standards are to
include non-owned and hired auto coverage.
26.1.2 Uninsured Motorist, with a combined single limit of not less than the
legal minimum.
26.1.3 On-Hook Coverage / Garage Keepers Legal Liability insuring the
vehicle in tow, with the following not less than the following limits
based on the size of the tow truck:
A. Class A tow truck $50,000
B. Class B tow truck $75,000
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C. Class C tow truck $150,000
D. Class D tow truck $150,000
26.1.4 Garage Liability Insurance, including premises and operations
coverage for bodily injury and property damage with a combined
single limit of not less than $500,000.
26.1.5 Workers' Compensation Insurance in such amount as will fully
comply with the laws of the State of California and which shall
indemnify, insure and provide legal defense for both OFFICIAL
TOW SERVICE and CITY against any loss, claim or damage
arising from any injuries or occupational diseases occurring to any
worker employed by or any persons retained by OFFICIAL TOW
SERVICE, in the course of carrying out the work or services
contemplated in this Agreement.
26.1.6 Garage Keepers Liability in an amount not less than the amounts
required for On-Hook coverage for vehicles in the care, custody,
and control of OFFICIAL TOW SERVICE in the storage yard.
26.2 All insurance required pursuant to this section shall be issued by a company
authorized by the Insurance Department of the State of California and rated A-VII
or better by the latest edition of Best's Key Rating Guide, except that CITY will
accept workers' compensation insurance rated B, VII or better or from the State
Compensation Fund. All policies of insurance shall be primary, and any other
policies maintained by or providing protection for CITY shall be excess or
secondary but noncontributing. Each insurer shall waive all rights of subrogation
and contribution it may have against the City, its representatives, officers,
employees, and agents and their respective insurers. Each insurance policy
shall provide that it shall not be cancelled or modified for any reason except after
thirty (30) days written prior notice by registered mail to CITY.
26.3 Upon execution of this Agreement, OFFICIAL TOW SERVICE shall provide to
CITY certificates of insurance or appropriate insurance binders and
endorsements evidencing the policies fulfilling the requirements of this Section.
If self-insured for workers' compensation, OFFICIAL TOW SERVICE shall submit
to CITY a copy of its certification of self-insurance issued by the Department of
Industrial Relations. No work or services under this Agreement shall commence
until OFFICIAL TOW SERVICE has provided the CITY with all required
certificates of insurance, binders, endorsements, and/or certificates.
26.4 The insurance policies specified in this Section, except for the workers'
compensation policies, shall name CITY and its officers, Council Members,
agents, and employees as additional insureds by endorsement to the policies, in
accordance with standard ISO additional insured endorsement forms.
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26.5 If OFFICIAL TOW SERVICE does not keep all of such insurance policies in full
force and effect at all times during the term of this Agreement, CITY may elect to
treat the failure to maintain the requisite insurance as a breach of this Agreement
and terminate the Agreement as provided herein.
26.6 If CITY reasonably determines that the amounts of insurance held by the
OFFICIAL TOW SERVICE pursuant to this Agreement are no longer sufficient, or
that additional types of coverage are needed, OFFICIAL TOW SERVICE shall
modify the existing coverage or obtain additional policies, as CITY shall
reasonably determine. All new policies shall be on the terms and conditions
contained herein.
26.7 The OFFICIAL TOW SERVICE shall annually within ten (10) days of the
anniversary of the Effective Date of this Agreement, provide to the CITY
evidence that all insurance required pursuant to this Agreement continues to be
in full force and effect.
26.8 Those tow truck operators removing a vehicle from a hazardous materials
incident to the nearest reasonable and safe stopping location will be considered
to be transporting property subject to normal minimum insurance requirements of
Section 34631.5 of the Vehicle Code.
27.0 INTEGRATION
27.1 This Agreement fully expresses all understandings between the parties with
respect to the subject matter of this Agreement and supersedes all prior or
contemporaneous oral or written understandings or agreement regarding the
matters covered by this Agreement.
28.0 AMENDMENT
28.1 No modification, amendment, addition to, deletion, or alteration of the terms of
this Agreement, whether written or oral, shall be valid unless made in writing and
formally approved and executed by all parties.
29.0 NO WAIVER
29.1 No delay or omission in the exercise of any right or remedy available hereunder
shall impair such right or remedy or be construed as a waiver. Any waiver of any
default or condition hereunder must be in writing and shall not be construed as a
waiver of any other default concerning the same or any other provision of this
Agreement.
29.2 The waiver by CITY of any breach by OFFICIAL TOW SERVICE of any of the
provisions of this Agreement shall not constitute a continuing waiver or a waiver
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of any subsequent breach or default by OFFICIAL TOW SERVICE either of the
same or a different provision of this Agreement.
30.0 THIRD PARTY BENEFICIARIES
30.1 The terms of this Agreement are intended to confer benefits only on the parties to
this Agreement- No rights of action shall accrue to any other persons or entities
under this Agreement.
31.0 INDEPENDENT CONTRACTOR
31.1 Both parties hereto in the performance of this Agreement shall be acting in an
independent capacity and not as agents, employees, partners or joint ventures
with one another. OFFICIAL TOW SERVICE and its employees are not
employees of CITY and are not entitled to any of the rights, benefits, or privileges
of CITY's employees including, but not limited to, medical, unemployment, or
workers' compensation insurance-
32.0 CONTROL
32.1 Neither CITY or its officers, Council Members, agents, or employees shall have
any control over the conduct of OFFICIAL TOW SERVICE employees except as
set forth herein- OFFICIAL TOW SERVICE agrees not to represent that either it
or its agents, servants, or employees are in any manner agents, servants, or
employees of CITY, it being understood OFFICIAL TOW SERVICE, its agents,
servants, and employees are as to CITY wholly independent contractors and that
OFFICIAL TOW SERVICE's obligations to CITY are solely those prescribed by
this Agreement- CITY and OFFICIAL TOW SERVICE further acknowledge and
agree that CITY shall have no responsibility for salary, health benefits, retirement
benefits, taxes, or any other benefits that may be due to OFFICIAL TOW
SERVICE's employees.
33.0 WORKERS' COMPENSATION
33-1 OFFICIAL TOW SERVICE 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 and federal acts or laws applicable;
and shall indemnify, defend, and hold harmless CITY and its Council Members,
officers, employees, and agents from and against all claims, demands,
payments, suits, actions, proceedings, and judgments of every nature and
description, including attorneys' fees and costs incurred by CITY or presented,
brought, or recovered against CITY, its Council Members, officers, employees,
and agents, for or on account of any liability under any of said acts which may be
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incurred by reason of any work to be performed by OFFICIAL TOW SERVICE.
under this Agreement.
34.0 EXECUTION OF AGREEMENT
34.1 The persons executing this Agreement hereby represent and warrant that the
execution of this Agreement and the performance of the terms and conditions of
this Agreement have been authorized by all requisite corporation, Federal, State,
municipal, or other entity requirements and that the undersigned have the right,
power, legal capacity and authority to execute and enter into this Agreement.
35.0 DRY RUNS
35.1 CITY shall not be liable to pay OFFICIAL TOW SERVICE any charge whatsoever
or fee for a call that does not result in a chargeable service being rendered by
OFFICIAL TOW SERVICE (Le., a "dry run").
36.0 CITY VEHICLE TOWING
36.1 OFFICIAL TOW SERVICE shall provide, without cost to the CITY, towing of CITY
vehicles and related services as requested by CITY. CITY requests for such free
tows shall be limited to ten (10) such free tows per contract year and shall be
limited to the Coachella Valley area only. OFFICIAL TOW SERVICE may charge
Department for additional service over the services provided in this Section 36.1
in amount to exceed the rates and charges established pursuant to Section 41.1
of this Agreement.
36.2 In the event CITY errs in impounding a vehicle, OFFICIAL. TOW SERVICE shall
cause the release of the vehicle, upon the direction of the Department, without
charge for towing or storage.
37.0 RESPONSIBILITY
37.1 It shall be the responsibility of OFFICIAL TOW SERVICE to provide equipment
and to perform the duties expressed in this Agreement. OFFICIAL TOW
SERVICE is hereby granted authority to utilize additional resources whenever
deemed necessary to perform its tow service duties. This may include, but is not
limited to, personnel and/or equipment of another tow operator. This, however,
shall not relieve OFFICIAL TOW SERVICE of its duties and responsibilities and
any additional cost incurred shall not be charged to CITY.
38.0 TOWING PURSUANT TO ABANDONED VEHICLE ABATEMENT PROGRAM
38.1 OFFICIAL TOW SERVICE shall provide towing services in furtherance of CITY's
Abandoned Vehicle Abatement Program in accordance with the terms and
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conditions set forth in Attachment "A" hereto, which is incorporated herein by
reference. No charge shall be assessed against CITY or the owner of any
property from which a vehicle is towed, stored, or dismantled under the
provisions of the Abandoned Vehicle Abatement Program.
39.0 BREACH OF CONTRACT
Any of the fallowing acts if committed by OFFICIAL TOW SERVICE during the
performance of this Agreement shall be considered a material breach of this
Agreement:
39.1 Nonpayment of CITY any business license fees, VTACR fees, or any other fees
required by this Agreement or the Palm Springs Municipal Code.
39.2 Failing to comply with any provision of this Agreement or breach of any rules,
regulations, or conditions provided in this Agreement or the Palm Springs
Municipal Code.
39.3 Violation of any federal, state or local law by OFFICIAL TOW SERVICE, any
person having any ownership interest in OFFICIAL TOW SERVICE., or any
employee of OFFICIAL TOW SERVICE.
39.4 Failing to maintain a satisfactory level of service to the CITY or the public.
39.6 Failing to keep any vehicle towed at the request of the Department in safe
condition and good repair.
39.6 Failing to use distinctive coloring, monogram, or insignia on the vehicle.
39.7 Any deviation from the schedule of rates set forth in this Agreement without prior
approval of the Chief of Police.
39.8 Passing on, or refusing, for any reason, a tow assignment from the Department
three or more times in any calendar month.
39.9 Allowing the insurance coverage required herein to either be withdrawn or lapse
or to no longer be in force for any reason.
39.10 Dissolution of business or bankruptcy.
39.11 Assignment of this Agreement, or any right or interest stated herein, without the
prior written consent of CITY; or
39.12 Any other act which the Department finds makes it contrary to the public interest,
convenience, necessity, or general welfare for the Agreement to continue.
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40.0 ACTS OR OMISSIONS OF REPRESENTATIVES
40.1 It is understood and agreed by the parties that the acts and/or omissions of the
owner(s), officers, operators, officials, employees, agents, and representatives of
OFFICIAL TOW SERVICE in the performance of the services and obligations
under this Agreement shall constitute the acts and/or omissions of OFFICIAL
TOW SERVICE.
41.0 CHARGES
41.1 Pursuant to Palm Springs Municipal Code Section 11.82.070(b), The City Council
of the CITY shall establish the fee schedule for services to be provided under this
Agreement. All charges for towing, impound, storage, and other services
required to be performed by OFFICIAL TOW SERVICE under the terms and
conditions of this Agreement shall not exceed those charges established the City
Council.
41.2 All rates and charges shall be conspicuously posted in the OFFICIAL TOW
SERVICE office and in all tow vehicles, and shall be available for review by CITY
personnel and/or persons for whom tow service is provided. All customer bills
shall be itemized. It will be the OFFICIAL TOW SERVICE's responsibility to
collect payment for services it renders under this Agreement from the motorists,
and CITY shall not be responsible in any way whatsoever for payment of these
charges.
41.3 OFFICIAL TOW SERVICE shall accept a valid bank credit card or cash for
payment of towing and storage by the registered owner, legal owner, or agent of
the owner claiming the vehicle.
42.0 NOTICES
42.1 Any notices required or permitted under this Agreement shall be in writing and
shall be delivered personally or sent by U.S. Mail, first class postage prepaid,
return receipt requested, addressed as follows:
CITY: City of Palm Springs
Attn: Chief of Police
P.O. Box 1830
Palm Springs, California 92263
OFFICIAL TOW SERVICE: Brother's Towing Inc.
Attn: R.J. Woods
301 Del Sol Road
Palm Springs, California 92262
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43.0 CHANGE OF CIRCUMSTANCES
43.1 Each party shall promptly notify the other party of any legal impediment, change
of circumstances, pending litigation, or any other event or condition that may
adversely affect such party's ability to carry out any of its obligations under this
Agreement.
44.0 SEVERABILITY
44.1 If any term or condition of this Agreement, or the application thereof to any
person or circumstance, shall to any extent be held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remainder of this Agreement,
or the application thereof to any person or circumstance, shall remain in full force
and effect and shall in no way be affected, impaired, or invalidated thereby.
45.0 VENUE
45.1 This Agreement shall be governed and construed in accordance with the laws of
the State of California. In the event of any legal action to enforce or interpret this
Agreement, the sole and exclusive venue shall be a court of competent
jurisdiction located in Riverside County, California, and the parties hereto agree
to and do hereby submit to the jurisdiction of such court, notwithstanding Code of
Civil Procedure section 394.
46.0 EFFECTIVE DATE
46.1 The Effective Date of the Agreement shall be April 1, 2007.
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SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
follows, to be effective on the day and year first written above.
"CITY"
CITY OF PALM SPRINGS
PALM SPRINGS POLICE DEPARTMENT
By: Date:
GARYJEANDRON,
Chief of Police
ATTEST:
By= Date:
JAMES THOMPSON,
City Clerk
APPROVED AS TO FORM:
By: Date:
DOUGLAS HOLLAND,
City Attorney
"OFFICIAL TOW SERVICE"
BROTHER'S TOWING INC.
By-, Date:
Name
Title
By: Date:
Name
Title
Palm Springs Police Department —29— Official Police Tow Service Agreement
3212091
ATTACHMENT "A"
ABANDONED VEHICLE ABATEMENT PROGRAM
PURPOSE
Any tow operator selected to be an official Police Tow Service Provider shall provide to
the city, at no charge, the services needed to facilitate the city's vehicle abatement
program. Vehicles towed by tow truck companies for the city's vehicle abatement
program must store these vehicles out of the public view. The Provider shall comply
with the provisions of Chapter 11.80 of the Palm Springs Municipal Code, in addition to
the provisions of this Attachment and the Agreement.
AUTHORITY
In addition to and in accordance with the determination made and the authority granted
by the state under Sections 22660 through 22664 of the California Vehicle Code to
remove abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof as
public nuisances, the city council adopted Ordinance 1246 (PSMC Chapter 11.80) and
found that the accumulation and storage of abandoned, wrecked, dismantled, or
inoperative vehicles or parts thereof on private or public property not including highways
creates a condition tending to reduce the value of private property and promotes blight
and deterioration, invites plundering, creates fire hazards, constitutes an attractive
nuisance creating a hazard to the health and safety to minors, creates a harborage for
rodents and insects, and is injurious to the health, safety, and general welfare. The
Council concluded that the presence of abandoned, wrecked, dismantled, or inoperative
vehicles or part thereof, on private or public property is a public nuisance which may be
abated as such in accordance with the provisions of the Palm Springs Municipal Code.
NOTICE
Within five days after the date of removal of the vehicle or part thereof, notice shall be
given to the Department of Motor Vehicles identifying the vehicle or part thereof
removed. At the same time there shall be transmitted to the Department of Motor
Vehicles any evidence of registration available, including, but not limited to, the
registration card, certificates of ownership, or license plates.
SALE OF VEHICLE
Five days after adoption of the order declaring the vehicle or part thereof to be a public
nuisance, five days from the date of mailing of notice of the decision if such notice is
required by Section 11.80.110 of the City's Municipal Code, or fifteen days after such
action of vehicle or part thereof may be disposed of by removal to a scrap yard or
automobile dismantler's yard. Said vehicle shall not thereafter be reconstructed or made
operable unless it is a vehicle which qualifies for either horseless carriage license plates
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or historical vehicle license plates, pursuant to Section 5004 of the Vehicle Code, in
which case the vehicle may be reconstructed or made operable.
RIGHT TO ENTER PRIVATE PROPERTY
When the city council has contracted with or granted a franchise to any person or
persons to assist in the enforcement of this chapter, such person or persons shall be
authorized to enter upon private property or public property to remove or cause the
removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter.
PERFORMANCE AND TOW ASSIGNMENT PROCEDURE
The Abandon Vehicle Abatement Program is administered by the Director of Building
and Safety. Requests for service under the Abandon Vehicle Abatement Program will
first be made on a rotational basis to all Police Tow Service Providers that are under
contract to the City. The Police Tow Service Provider that is first on the rotational list
shall respond to a request for service from the City within ninety (90) minutes from the
time it receives the call. Requests for tows will normally be limited to ordinary business
hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, unless such vehicles are part
of a special off-hours operation or present an immediate safety hazard or threat to
public safety. In the event the Police Service Tow Provider fails to furnish a tow unit
within the specified time period, the Director of Building and Safety or his designee may
cancel the tow request and request a tow unit from the Police Tow Service Provider that
is next on the rotation list.
When the tow is canceled, the Police Tow Service Provider shall forfeit his/her turn in
the general rotation for Police Tows. Failure to respond in a timely manner to any type
of tow covered under the Agreement shall be a basis for suspension or termination from
the rotational tow list as follows.
• Two failures to respond within one year shall result in a warning letter.
• Three failures to respond within one year shall result in an automatic 30-day
suspension from the Police Tow Service Program.
• Four failures to respond within one year shall result in termination of the contract
for the remaining contract period.
If the Police Tow Service Provider is unable to dispatch a tow unit immediately upon
receiving a call for service, the Police Tow Service Provide shall immediately inform the
Director of Building and Safety or his designee, and the Police Tow Service Provider
shall forfeit their turn of the general Police Tow Service rotation list.
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ATTACHMENT "B"
BROTHERS' HIRING AND DISCIPLINE PRACTICES
1. All prospective employees must pass a background check consistent with
the minimum requirements of the Agreement and be in possession of a lawful
and valid California Driver's License prior to employment.
2. All new employees shall be trained and certified in their respective class of
license with AAA of Southern California and CTTA within sixty (60) days of the
commencement of employment.
3. Upon certification as provided in No. 2 above, and prior to any public
contact, each employee driver shall successfully complete customer service
orientation with AAA or Southern California and CTTA.
4. All drivers shall maintain and keep current all certifications.
5. Any driver convicted of or who pleads guilty or nolo contendre to any
crime (except parking violations or minor traffic violations that do not involve the
operation of a tow vehicle) will be discharged.
6. Any driver found driving a vehicle under the influence of drugs or alcohol
will be discharged.
7. Any driver fighting while on duly will be discharged.
8. Any driver stealing (including stealing of property in a vehicle the driver or
Brothers is responsible for towing and/or storing) will be fired, the incident shall
be reported to the City's Police Department and the Tow Operator shall
cooperate with any subsequent investigation and criminal prosecution, and the
driver shall make all financial restitution.
9. Any driver behaving in rude or ill-mannered behavior with any member of
the general public or the City's Police Department, will be subject to progressive
disciplinary action, including discharge.
10. Any driver who engages in unsafe driving practices will be subject to
progressive disciplinary action, including discharge.
11. Any driver who displays any offensive material will be subject to
progressive disciplinary action, including discharge.
12. Any driver who refuses a call will be subject to progressive disciplinary
action, including discharge.