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Home My WebLink About05471 - BROTHER'S TOWING INC NO II OFFICIAL POLICE TOW SERVICE AGR Page 1 of 1 Kathie Hart From: Renee Montante Sent: September 12, 2011 11:55 AM L>11+ ' To: Kathie Hart Cc: Paul Abshire; Mitch Spike; Deborah Rivera �� Subject: RE: A5471 - Brothers Towing I have been told that we are not extending the tow agreement with Brothers Towing so yes, you may close the agreement file on Brothers Towing. Administrative Assistant to Chief of Police Palm Springs Police Department (760) 323-8126 From: Kathie Hart Sent: Monday, September 12, 2011 11:00 AM To: Renee Montante Cc: Paul Abshire; Mitch Spike; Deborah Rivera Subject: A5471 - Brothers Towing Renee: In conversation with Paul this morning, he relayed to me the Bros. tow agreement will not be extended. Due to this fact, I would like to close the agreement file. Please advise if this file may be closed. Thx! Kathie Hart, CMC Chief Deputy City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 (760)323-8206 1 8 (760) 322-8332 E Kathie.Hart@Palm5pringsCA.gov Please note that City Hall is open 8 a.m. to 6 p.m.Monday through Thursday,and closed on Fridays at this time. 09/12/11 CITY OF PALM SPRINGS OFFICIAL POLICE TOW SERVICE AGREEMENT Contractor: Brothers Towing Inc. No. II Effective bate: August 1, 2007 Table of Contents RECITALS ..................................................................................................................................... I 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 .......................................... ...................... .................... 11 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 17.0 LIENS AND DISPOSALS.......................... •. .................................................--............. 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............................ ............................I .................................................23 29.0 NO WAIVER................................................................ ....................23 30.0 THIRD PARTY BENEFICIARIES..................................................................................24 31.0 INDEPENDENT CONTRACTOR................................................................................... 24 Palm Springs Police Department -i- Official Police Tow Service Agreement 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 s2a2oc I CITY OF PALM SPRINGS OFFICIAL POLICE TOW SERVICE AGREEMENT THIS OFFICIAL POLICE TOW SERVICE AGREEMENT (the "Agreement") is made and entered into this 1 st day of August, 2007 by and between the CITY OF PALM SPRINGS, a California municipal corporation (hereinafter referred to as "CITY"), and BROTHERS TOWING, INC. No. 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. Palm Springs Police Department 1 Official Police Tow Service Agreement 523209 1 r 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 park 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. 1.2 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 14602.6 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: Palm Springs Police Department •-2— Official Police Tow Service Agreement 523209 1 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. Palm Springs Police Department —3^- Official Police Tow Service Agreement 521209 1 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 (5) 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. 43 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, Palm Springs Police Department --4— Official Police Tow Service Agreement 513209 1 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 51 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 tow 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 Palm Springs Police Department - 5^- Official Police Tow Service Agreement 523209.1 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 of the anniversary of the Effective Date of this Agreement), OFFICIAL TOW SERVICE shall provide a list of its tow truck operators and a CHP 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 influence 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: 6.4A A contract with a program administrator and authorized lab certified by the U.S. Department of Transportation; and 6A.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 Palm Springs Police Department -6- Official Police Tow Service Agreement 523209 1 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 6.4.5 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 driver's license at the time and place of testing; and 6.4.8 All test 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. Palm Springs Police Department ^-7— Official Police Tow Service Agreement 523209 1 6.8 OFFICIAL TOW SERVICE tow truck operators shall fully cooperate with and abide by the instructions of the Department'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. 6.11.6 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; Palm Springs Police Department --8 - Official Police Tow Service Agreement szazne i 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. 8.0 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 preplan ned/scheduled activity (i.e., vacations, maintenance, medical leave, etc.), OFFICIAL TOW SERVICE shall notify the Department at Palm Springs Police Department —9— Official Police Tow Service Agreement 523209.1 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-for-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. Palm Springs Police Department --10- Official Police Tow Service Agreement 523209.1 9.0 EQUIPMENT STANDARDS 9.1 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. 9.1.4 Towing in parking garages. 9.1.5 Towing from off-road areas. 9.1.6 Towing of large and oversized vehicles. 9.17 Towing of motorcycles without causing additional damage. 9.2 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. Palm Springs Police Department —1 1— Official Police Tow Service Agreement 523209.1 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. 10.2 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, 10.4 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 King 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. Palm Springs Police Department ^-12— Official Police Tow Service Agreement 523209 1 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. 13.4 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. Palm Springs Police Department --13-- Official Police Tow Service Agreement 523209 1 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 of 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 Palm Springs Police Department --14- Official Police Tow Service Agreement 523209, 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. 15.2 OFFICIAL TOW SERVICE shall maintain its facilities and equipment in the manner described in the Proposal. Palm Springs Police Department •-15— Official Police Tow Service Agreement 523209 1 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. 16.2 OFFICIAL TOW SERVICE shall maintain at its place of business, complete and accurate records of 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 Palm Springs Police Department _16-- Official Police Tow Service Agreement 523209.1 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 time; 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. Palm Springs Police Department —17-- Official Police Tow Service Agreement 523209 1 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. 17.2 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. Palm Springs Police Department 18— Official Police Tow Service Agreement S232o9.I 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 Palm Springs Police Department —19— Official Police Tow Service Agreement 523N9 1 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 221 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. Palm Springs Police Department --20^- Official Police Tow Service Agreement 513209 1 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 $1,000,000 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 Palm Springs Police Department —21— Official Police Tow Service Agreement 52;mn.i C. Class C tow truck $150,000 D. Class D tow truck $150,000 26.1A 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. Palm Springs Police Department —22— Official Police Tow Service Agreement 533309 1 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 Palm Springs Police Department --23— Official Police Tow Service Agreement 5232091 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 A 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 Palm Springs Police Department —24— Official Police Tow Service Agreement 5232091 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 (i.e., 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 A 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 Palm Springs Police Department —25— Official Police Tow Service Agreement 5272U9 I 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 following 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. 39.5 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. Palm Springs Police Department —26— Official Police Tow Service Agreement 523209.I 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. No. 11 Attn: R.J. Woods 301 Del Sol Road Palm Springs, California 92262 Palm Springs Police Department —27— Official Police Tow Service Agreement 523209.1 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 August 1, 2007. Palm Springs Police Department - 28 Official Police Tow Service Agreement 523209.1 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" APPROVED BY CITY CoUN'CIL CITY OF PALM SPRINGS PALM SPRINGS POLICE DEPARTMENT Date: DAVID READX City Manager -. _•-ATTEST: By: Date: AMES THOMPSON, City Clerk APPROV �T(O�FO/RM_By: Date: DOU S HOLLAND; City Attorney "OFFICIAL TOW SERVICE" BROTHER'S TOWING. IN,C. No. II By: — GC/c. Date: rl��' T (� • GrA�G'_ Name CEO. Title By: Date: Name Title Palm Springs Police Department -29- Official Police Tow Service Agreement 5212n5 1 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 11.80A 10 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 Palm Springs Police Department —1— Official Police Tow Service Agreement s27pn9.I 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 Taw 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. Palm Springs Police Department —2— Official Police Tow Service Agreement 523200 1 CITY OF PALM SPRINGS OFFICIAL POLICE TOW SERVICE AGREEMENT ATTACHMENT "B" Pursuant to Palm Springs Municipal Code Section 11.82.070(b), the Palm Springs City Council approved the following rates at a regularly scheduled City Council meeting on July 25, 2007 per resolution No. 22007: Section 1. The City Council does hereby establish the tow rates pursuant to PSMC Section 11.82.070(b) to $155.00 per tow and $50.00 per day storage. Acknowledged By: Cate: Signatu ...� Jw�ptS�- Name Title Palm Springs Police Department 3^ Official Police Tow Service Agreement 523209 1 Brother's Towing Inc., H 301 Del Sol Rd. Palm Springs, Ca 92262 (760) 323-2325 Fax (760) 320.7686 Administrative Fax (760) 323.9533 RFP 02-06 REQUEST FOR PROPOSAL/STATEMENT OF QUALIFICATIONS FOR TOWING AND STORAGE OF VEHICLES 1 Brother's Towing Inc., 11 301 Del Sol Rd. Palm Springs, Ca 92262 ' (760) 323-2325 Fax (760) 320.7686 Administrative Fax (760) 323.9533 ' FACILITIES, EQUIPMENT AND PERSONNEL 1 A.1 Facilities ' Location One Our primary facility, located at 301 del Sol Road in Palm Springs, has two acres. Office hours of operation are Monday through Friday, 8:00 a.m. to 5:00 p.m., closed holidays. Our towing operation is 24 hours/7 days a week. We have three offices with an enclosed customer service area. We have three bays for enclosed vehicle storage and three bays for our diesel truck repair operation. Our storage yard is divided into three sections. Section One is for Police Impounds, Section Two is for CHP, RSO, PSPD and DHSPD stored wrecks, burners and rollovers, as well as general vehicle storage and Section Three is for general storage of equipment and vehicles. Our facility is fenced by eight foot block walls with some portions in six foot chain link. We are currently in the process of completing block walls in its entirety. We have three entrances, two are operated with electronic steel gates and the third is manually operated. We have camera surveillance equipment that monitors and records all areas, with remote access capabilities. An alarm system is on the building, monitored by ADT Alarm Systems. Floodlights engulf all areas. 1 1 ' Location Two ' Our second location, located at 48-200 Harrison Street, Coachella has five acres, with an office and enclosed customer service area. ' The area is fenced in chain link with one entrance, manually operated. We have camera surveillance equipment that monitors and records all areas, with remote access capabilities. Floodlights engulf all areas. Location Three Our third location, located at 62-400 Chiriaco road, Chiriaco Summit has ' five acres, with an office trailer used for customer service. 1 The area is fenced in chain link with one entrance, manually operated. We have camera surveillance equipment that monitors and records all areas, with remote access capabilities. Floodlights engulf all areas. 1 1 1 2 1 Brother's Towing Inc., Il 301 Del Sol Rd. Palm Springs, Ca 92262 (760) 323-2325 Fax (760) 320.7686 Administrative Fax (760) 323.9533 1 ' FACILITIES, EQUIPMENT AND PERSONNEL A.2 Equipment 1 ITEM ' # UNIT# YEAR TYPE LTC # TYPE GVWR CLA I B10 2007 FORD F650 NEW FLATBED 25500 A 2 B8 2005 FORD F450 7V85069 WHEELIFT 20000 A 3 B4 2005 INTERNATIONAL 4300EC 7F 90519 FLATBED 26000 A 4 B3 2005 INTERNATIONAL 4300 7U20441 FLATBED 26000 A 5 B6 2005 INTERNATIONAL 4300EC 7T63239 FLATBED 26000 A 6 B7 2004 FORD SUPERDUTY 7G46428 WHEELIFT 15000 A 7 309 2004 FREIGHTLINER MED. DUTY 7P21732 WHEELIFT 35000 B 1 8 B21 2603 INTERNATIONAL 4300 7B27811 FLATBED 26000 A 9 B12 2002 INTERNATIONAL 4300 9D27393 FLATBED 26000 A 10 135 2002 INTERNATIONAL 4300 6X11756 FLATBED 26000 A 11 B11 2001 INTERNATIONAL 4 CAR 6MI7966 CAR CARRIER 30000 B 12 303 2000 PETERBILT 378 6E84774 WRECKER 54999 C/D 13 2000 PETERBILT CONDO UP61991 TRACTOR 80000 C/D 14 1991 FORD RECOVERY,DIESEL 7E36603 4 X 4 4980 A 15 1987 PETERBILT DAYCAB 9CI I911 TRACTOR 80000 C/D 16 B16 1998 TRAILKING/LANDOLL 1VG3955 TRAILER C/D 1 1 Brother's Towing Inc., II 301 Del Sol Rd. Palm Springs, Ca 92262 ' (760) 323-2325 Fax (760) 320.7686 Administrative Fax (760) 323.9533 ' FACILITIES, EQUIPMENT AND PERSONNEL ' A.3 Personnel. Current Driver List POSITION LAST NAME FIRST NAME CA DL # CLASS CROWE ROBERT D2504802 A ' GREGG M. STEVEN N2678374 A HUNTER FRANKIE C3994452 A MOCK KEN A0806289 A MONKRESS DAVID A8849518 A 1 NICHOLS CHRIS C5923643 A OWNER WOODS ROBERT A0554364 A JOHNSON WILLIAM D8674092 B APPLEGATE SCOTT A3278465 C CARHART MARK C6565139 C DAVIES JOHN B8260527 C GONZALEZ DANIEL V8031390 C HILLS RON A7346732 C HUTTON MIKE B6842084 C LOPEZ ERNEST C1431781 C MANAGER McEACHERN DOUG A3598407 C MOHICA JOSE A9482009 C ' MURER JASON A3722750 C SNOWBALL JOSHUA A7488819 C STOWERS RHONDA D8260558 C TERRANOVA KEITH B9103901 C 1 1 Current Office Personnel POSITION LAST NAME FIRST NAME CONTROLLER SICHTA SUSAN DISPATCH MGR, LLSUER LONNIE 1 DISPATCH CLARK SUSAN WEEKS KRISTENA TORINO ART HYLKEMA LYNETTE RECEPTIONIST TORINO HOPE OTHER PERSONNEL MECHANIC McEACHERN LARRY ' JOHNSON WILLIAM 1 1 1 1 1 2 Brother's Towing Inc., 11 301 Del Sol Rd. Palm Springs, Ca 92262 (760) 323-2325 Fax (760) 320.7686 Administrative Fax (760) 323.9533 ' FACILITIES, EQUIPMENT AND PERSONNEL A.4 Recruitment/hiring/ training/customer service practices Recruitment We advertise in local newspapers to recruit employees. We recruit through California Tow Truck Association and California Trucking Association. Hiring Practices All applications are reviewed by our Manager. References and previous employers are called to validate information given on application. Applicant drivers are required to bring a current DMV printout to the interview. If the interview is successful a background check request is sent to First Advantage for social security trace, county criminal records, federal criminal records, as well as, sex offender records. If the background check is acceptable, the applicant is sent for a pre- employment drug screen. If the results are drug free, the applicant is hired and placed with an experienced tow operator for a two week training period. Training Practices An experienced tow operator shall teach the new employee customer service and the clerical requirements of the position. All tow operators and dispatchers are required to be "AAA" certified within 60 days of employment. Classes are offered by AAA Instructors at i our facility on an as needed basis. All new employees are required to aattend. BTow operators are also required to be "CTTA" certified in Light Duty, Medium Duty or Heavy Duty Towing, according to their driving class. Heavy Duty Tow Operators also attend "Wreck Masters" classes. Wreck Masters is a world renowned towing and recovery school. Wreck Masters 8 offers nine levels of certification. OAll tow operators are required to keep their certifications current. Customer Service Practice All employees shall treat our customers with respect at all times. Please remember that our customer is having a bad day to require our services. Do your best to satisfy their needs expeditiously. Tow operators are requested to offer cold bottled water upon arrival on scene. Some customers may be waiting thirty minutes or longer for you to arrive and will appreciate your thoughtfulness. All non AAA customers shall be given a receipt for services rendered. Tow operators, upon arrival on scene, are to walk around vehicle and list any marks or dents. Point these defects out to the customer and ask them to sign the waiver prior to servicing the vehicle. If the customer refuses to sign the waiver, call the manager and standby for further direction. All vehicles to be stored must be inventoried by Tow Operator accompanied with one other employee. Items are to be listed on the storage card with any/ identifying characteristics of vehicle. When ' completed the vehicle is to be locked. The storage card and the key are turned in to the office to be logged onto the computer. Agencies "180's" . ' are to be attached to storage card. When the customer comes for their vehicle, an employee accompanies customer to vehicle and confirms the inventory list. Customer then signs storage card and/or "180" form. Funds are collected and a receipt is given ' to customer. Vehicle is then brought to the customer service area and turned over to customer. 2 Brother's Towing .Inc., H 1 301 Del Sol Rd. Palm Springs, Ca 92262 (760) 323-2325 Fax (760) 320.7686 Administrative Fax (760) 323.9533 FINANCIAL/ORGANIZATIONAL STRENGTH B.1 Provide a brief history of your firm in the towing industry. Brother's Towing, Inc. II, incorporated in April 1986, was purchased by Ed Davis in January 1990, from Brother's Towing of Lake Elsinore. 1 Robert J. Woods was lured by Ed Davis as a Class A Big Rig Wrecker Driver in 1991. Early in his employment, Mr. Woods gained a position in Management. Based on annual sales of $90,000.00, Mr. Davis decided to sell Brother's Towing, Inc. II to Mr. Woods. On January 1, 1994, Mr. Woods and lus mother, Marion E. Woods purchased Brother's Towing, Inc. 1I from Ed Davis. At the end of their first year in business, sales were $300,000. In Mid-August of 2002, Mr. Woods hired Doug McEachern as General Manager. Mr. McEachern, previously self-employed, brought his managerial and mechanical experience on board. He started a Mobile Diesel Repair Department that has thrived since inception. ' In October 2003, Marion E. Woods retired and turned her portion of Brother's Towing, Inc. II shares over to Robert Woods. Brother's Towing, Inc. II has continuously thrived from 1994 to present. ' Sales for 2005 were over three mullion. Brother's Towing, Inc. II employs 38 workers and has a customer base in excess of 200. ' Our corporate location is at: 301 Del Sol Road, Palm Springs, CA. All work in reference to this proposal will be from our corporate location. ' 1 1 B.2 Provide in detail a description of the industry experience of your key management personnel. Mr. Woods started towing in 1985 for Laray's Towing in Ventura ' California. Mr. Woods moved to Palm Springs in 1991 and started working for Brother's Towing, Inc. II. Mr. Woods was certified in Light, Medium and Heavy Duty Towing in 1986 by The American Tow Truck Association. ' He has been recertified every three to four years through California Tow Truck Association since 1986. Mr. Woods has been Vice President and Director of the California Tow ' Truck Association. This year he has turned down the position of President for CTTA and has accepted a position as Director with California Trucking Association for the Southern California Area. Mr. McEachern was self-employed as a Diesel Truck Mechanic for several years prior to his employ with Brother's Towing, hzc. 11. Upon Ius employment'with Brother's Towing, Inc. II, Mr. Woods started training him in towing. He became certified in Light Duty Towing with Automobile Club of Southern California. He became certified in Heavy Duty Towing with California Tow Truck Association. He is currently on the Planning and Steering Conunittee for the California Trucking Association, Riverside and San Bernardino county units. B.3 Discuss your organizational structure and your management style. ' Do you have an ongoing program to identify substance abuse, in accordance with Department of Transportation (DOT) Employee Testing Act of 1991? Robert J. Woods, President / CEO of Brother's Towing, Inc. II, is responsible for Agency and Customer relations. Mr. Woods makes all executive decisions. Doug McEachern, General Manager, is responsible for Vendor relations, ' safety, employee procedures, training, conduct, and discipline. As our 1 2 1 Safety Manager, Mr. McEachern offers monthly safety meetings for our employees. See Statement of Qualifications, Exhibit 2. ' Susan Sichta, Controller, is responsible for all accounting needs, including Financial Reporting, Receivables, Payables and Payroll. ' Ms. Sichta fulfills our Administrative needs in Human Resources and Insurance flans, as well. We are members of First Advantage Random Drug Screening Program. All drivers, D.O.T. and non D.O.T. are updated monthly in.their system. We subscribe to California Pull Notice Program as required by California Highway Patrol. Rotational Tow Program. All drivers, D.O.T. and non D.O.T. are updated monthly in their system. B. 4 Provide evidence of the financial stability of your firm. Profit & Loss Statement. See Statement of Qualifications, Exhibit 3. B.5 Identify your capability of securing financing for facilities, equipment, personnel, or other resources. Balance Sheet. See Statement of Qualifications, Exlubit 4. B.6 Provide evidence of your firm's creditworthiness. Dtuin & Bradstreet, Duns # 16-527-5611. See Statement of Qualifications, Exhibit 5. B.7 Identify your vehicle replacement policy, the age of your current equipment and your plans for acquisition of new/replacement equipment. Brother's Towing, Inc. 11 policy is to replace every three to four years or at 350,000 miles, whichever comes first. Our equipment is state of the art with the new technology. As new technology comes out we adapt and replace accordingly. 3 4 B.8 Adequacy of Business Records: Identify how your firm will: • Track the status of all vehicles towed for the City through the e rotational program; • Report the status of all such towed vehicles to the City, when requested to do so; • Keep track of gross receipts received through participation in the City's tow program; • Keep track of information related to lien sales. Provide samples of all such documentation with your Statement of Qualifications. A. When a call is received dispatch assigns a driver and the information is logged into our dispatch computer. The computer assigns a dispatch number for each•call. Upon arrival on scene the tow driver verifies the condition and inventory with the Officer prior to taking possession of vehicle. When the vehicle arrives at our storage yard the driver fills out a storage card. The driver, with another employee, inventories the vehicle and then attaches the CHI' Form 180, verifying all information given by Officer. The paperwork is turned into our Dispatch Office with any keys. Keys are identified on numbered tags and placed on the coinciding numbered hook in our office. The Dispatcher reviews the storage card and updates information in the computer and then files the storage card. See Statement of Qualifications, Exhibit 6. B. In the past we have sent copies of invoices with our payment of city fees to the City. See Statement of Qualifications, Exhibit 7. C. We can generate an Activity Report, upon request. See . Statement of Qualifications, Exhibit 8. D. We can generate an Inventory Report, upon request. See Statement of Qualifications, Exhibit 9. 1 1 4 B.9 Provide certificates of insurance evidencing the insurance coverage carried by your firm. See Statement of Qualifications, Exhibit 10. B.10 identify the procedures, the staff and other resources and the training your firm has with performing vehicle abatement services. When a call is received dispatch assigns a driver and the information is logged into our dispatch computer. The computer assigns a dispatch number for each call. When the vehicle arrives at our storage yard, the driver fills in a storage card. The driver, with another employee, inventories the vehicle on the storage card, and marks the vehicle as abatement. The paperwork is turned into our Dispatch Office. The Dispatcher reviews the storage card and updates information in the computer and then files the storage card. The City or County is to supply a "JUNK SLIP" within fifteen days from date of possession. If not, we start the lien process through our lien contractor. See Statement of Qualifications, Exhibit 11. When the velucle clears lien we dispose of the vehicle. We are currently the only tow company under an abatement contract with the City of Palm Springs, and have been since 1986. See ' Statement of Qualifications, Exhibit 12. We have been under contract with the County of Riverside Abatement Program since 2005. 5 1 ' Brother's Towing Inc., II 301 Del Sol Rd. Palm Springs, Ca 92262 ' (760) 323-2325 Fax (760) 320.7686 Administrative Fax (760) 323.9533 ' SUCCESSFUL COMPLETION OF SIMILAR SERVICE ARRANGEMENTS ' CA Identify the years of experience that you have as an official police tow services provider or a municipal service provider. Brother's Towing, Inc. 11, since 1984, has been on Rotational Tow Programs for state, county and municipal agencies. We have been on the Palm Springs Police Tow Rotation List for the last twenty years. ' C.2 List any contracts your firm currently has, or has had in the recent past (last five years), similar to the City`s requirements. Give the ' name and phone number of a contact person for each reference. We are contracted with the Dept. of Homeland Security, (sub- contracted through EG & G Tecluucal Services). We tow and store vehicles for the U.S. Border Patrol. Contact John Burkett: (619) 726-0962. ' We are on the Rotation Tow Program with California Highway Patrol. Contact Gina at CHP Division Headquarters: (916) 445-1865 1 We are on the Rotation Tow Program with Riverside Sheriffs Office for Indio and Palm Desert. Palm Desert contact: Sgt. Jaksch (760) 836-1600 ' Indio contact: Sgt. Shields (760) 863-8802 We are contracted with County of Riverside, Building & Safety Department for the Riverside County Abatement Program. Contact Lupe (760) 863-7180. ' We are on Desert Hot Springs Police Rotation Tow Program. Q C.3 State any complaints your firm has received within the past two years, or the absence thereof. Include equipment violations, inspection citations, etc. On occasion we have found it necessary to repair damages to a customers' vehicle due to driver error. We have not received any equipment nor inspection citations. CA Indicate whether or not you have ever been suspended or terminated from a towing program operated by another government agency for any reason. C.H.F. terminated us, recently determined to be wrongful by Division Headquarters. We were terminated because a new employee decided to steal a vehicle. He has been convicted. R.S.O. gave us a 30 day suspension for tardiness. C.5 Identify prior experience performing abandoned vehicle abatement services for public agencies. We have been the only tow company under the abatement contract with the City of Palm Spruzgs since 1986. See Statement of Qualifications, Exhibit 12. 1 We have been under contract with the County of Riverside, Dept. of ' Building and Safety since 2005. 1 1 1 2 Brother's Towing Inc., II 301 Del Sol Rd. Palm Springs, Ca 92262 (760) 323-2325 Fax (760) 320.7686 Administrative Fax (760) 323.9533 SAFETY RECORD D.1 Describe your firm's safety policies and all safety training provided to your employees. Brother's Towing, Inc. II are participants with Safety First Systems. Since October 2005, they have provided us with monthly safety topics that are discussed with employees at our monthly safety meeting conducted by our Safety Manager. Our most recent meeting was "Aggressive Driving is Dangerous". See Statement of Qualifications, Exhibit 2. D.2 State any safety violations or incidents occurring within the past three years and how they were resolved. Also, state any citations on vehicles owned/operated by your firm. Indicate whether or not you have ever been suspended from towing by another government agency for safety violations. If so, supply the date and describe the violation and/or incidents. We have none to report. 1 1 Brother's Towing Inc., N 301 Del Sol Rd. Palm Springs, Ca 92262 (760) 323-2325 Fax (760) 320.7686 Administrative Fax (760) 323.9533 RATES FOR SERVICES E.1 The City Council will set the tow fee schedule by using the average tow fee allowed by the California Highway Patrol, Indio Bureau. Provide the CHP-Indio tow fee schedule allowed for your firm. 1 1 CLASS A CLASS B CLASS C CLASS D TOWING $170.00 $225.00 $290.00 $325.00 INSIDE STORAGE $60.00 OUTSIDE STORAGE $55.00 $65.00 $85.00 $85.00 LABOR RATE $60.00 $60.00 $60.00 $60.00 SPECIALTY EQUIPMENT $290.00 1 1 i 1 1 Brothers Towing Inc., I/ 301 Del Sol Rd. Palm Springs, Ca 92262 (760) 323-2325 Fax (760) 320.7686 Administrative Fax (760) 323.9533 STATEMENT OF QUALIFICATIONS EXHIBITS 1. A.3 FORM 234F FOR EACH DRIVER, PULL NOTICES AND CERTIFICATIONS, 46 PAGES 2. B.3 SAMPLE OF SAFETY MEETING, 5 PAGES 3. BA PROFIT & LOSS STATEMENT, 2 PAGES 4. B.5 BALANCE SHEET, 2 PAGES 1 5. B.6 DUNN & BRADSTREET SUMMARY, 2 PAGES 6. B.8a IN HOUSE STORAGE CARD, 1 PAGE 1 7. B.8b COPY OF INVOICE, 1 PAGE S. B.8c SAMPLE ACTIVITY REPORT, 1 PAGE 9. B.8d SAMPLE LOT INVENTORY REPORT, 1 PAGE 10. B.9 CERTIFICATES OF INSURANCE, 2 PAGES 11. B.10 SAMPLE OF JUNK SLIP, 1 PAGE 12. B.10 COPY OF CITY ABATEMENT CONTRACT, 3 PAGES 1 7TMFJ{{Ofa FOFWIA HIGHWAY PATROL OPERATORIDRIVER INFORMATION CHP 234F(REV")OPI e61 Instructions:Please type or print dearly. Farm must be filled out Dornpleteiy. iORPRVER FULL NAME(FIRSr,AODCLE LASTI DOD %Tbb£Rfi fYl ) CffAEL Cpig 2f51�0 ALL ALrASES(LISEAMMMAL PAGES IFNECESSARY) ANYNAME I Joe TrrLE'CVSWCATION Rof s W,t -VE{z IRNER LdCEIrSE NIMIeER STATE F,KPIRATIOH TE UCENSE CUSS ENDORSEMENTS 5 D)l CA !4J5 CERTIFICATE MEONiAL CERTIFICATE EXPIRATION RATE '�. "'rL�`�d;i '�r. 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AGOMOtM PAGES IF W-Cg ARYJ Iffy that the attove information is true and correct, and that no omissions have been made. e Operator and Driver are advised that giving false information to a peace officer, either orally or in wrfting, is a Tisdemeanor pursuant to Vehide Code Sections 20 and 31. uTorrsvwrJerrsZ51 DATE DRNFXS" .INTNRE DATE A-, - -a� NG OFFILEIes HAJnE n NweER DOTE use aFlr. , f"CO []ompmoveD Wtdual Is not appmWed,provide IOW opelalOr With a written reason for the action and attach a copy of the rsasan to this forth. ' Use Previous Editions Unfil Depleted minoAAP IPC![YH�II ,RIVER RECORD INFORMATION a;� DRIV:ER LICENSE FO BATES tND. TYPE AAP, DATE MISC.IINFO. SUBMITTED BY REQUESTER RED CODE RECORD CAT � ,� IDENTIFICATION OF DRIVER BASED ORCAD YON INFORMATION SUBMITTED 324802 L9492 0425.0 97294 CROWE , ROBERT MICHAEL :0205BG E SEX HEIGHT WEIGHT EYES HAIR DMV USE ONLY M 604 210 HAZEL BROWN CL MST 04/25 BLK PUL DRIVER LICENSE INFORMATION CUSS ISSUED fXP1RE5 I l T, RESTRICi10115 A OUR LIC ISSUED LIC HELD COMML 010704 {120509 01 1740 vNOIAT[OLI SECTIOHS,YLOL4TED COURT DISPOSITION Ladd Og CONVICTION DOCKET,CITATION LOCATIQ.V OF COURT DATE LOCATION OR ACCIDENT OR STATUTE LICENSE ACC DATE OUT-OF STATE VIOLATION ISO 1 SAIL DR OR LICENSE TYPE OR A1AT. FIT FILE NUMBER ACC[pEtlT REPORT NUMBER ABST 0407104 1209-04 35551A `YA VC Y209297 30420 FULLERTON LZY9I7 ' COMVEH OTH , DMV POINT COUNT D ABST 0406!04 .0323;05 345063 VC 35I4800 01435 PLEASANTON 12Y917 DMV POINT COUNT 1 ABST 041605 052TO5 2234'4B , 405095 VC DMV 'POINT COUNT 1 40699VL 33450 INDIO 5D:XD648 ANY ACCIDENIS SHOWN ABOVE DO HOT NECESSARILY NNDICATE O0.1VER RES PDHSLBILITY ' MEDICAL EXPIRES 09-20- 07 DOUBLES/TRIPLES ENDORSEMENT SEE HAZARDOUS MATERIALS ENDORSEMENT REVERSE FOR TANK VEHICLE ENDORSEMENT BROTHERS TOWING INC II' *NOTIFICATION OF ACTIVITY PER REQUEST SUSAN SICHTA ExPLnrlgnoN OF LANATPs REST 01— MUST WEAR CORRECTIVE LENSES WHEN DRIVING . 301 DEL SOL RD PALM SPRINGS CA 92262 DEPARIMEiIT L"A'IE AUTHORITY SECTIO415 TH RU GATE ' ACTION ORDER EFFECTIVE DATE DATE OR OR REASON FOR ACTION FR FILE SERVICE OF ORDER I OTHER STATE TAXING ACTION TERM NONE TO R PORT TYPE DATE NUMBER .. w V V J LAW OF CAI.47"A EPARTMENT OF,CALIFORNIA HIGmvx?Pm R& TORN OPERATORLPRIVER INFORMATION HP 234E(REv&(l4)DP(069 IrlstNpians-please t�lpe or priht da@dy Fpmt mlJs�be Glled!a 'Rtp iTteiy_. - ; 1 _. CfPE1�AYG"IR„rN/�RIiN�FuLL HAMO(PIRSi,MIDeIP.'1�151) ; I � '� I� • STALL EI'C'(tjsEAbn1TjQNALPAGES I� �A�� COMPANY NAME _ Juti LE/ws naATION aryE.ra LICENSE HUfAeEa STATE C�PInA'rldR� 'E:� L'E4GECi. ENOb[3'�Ar@NTs ! N ��-�� jED[CALGERTIPIOATE MmICl,L E��tTIFICA-GE%PIiUTIGry DATE `„� r.yiLJ : :��'' - -�' '' :-: � i-.^�Yes ❑NOihiaETioPYEARSE%PERIEhICEASATOW TKUGKOPSRATuiIORt EFtim-T OLLOWINGCFiPCl,i-}'.SFS:• I lass A Class 9: Class C: GIa55 o;_f • _ _ 'i ' C-S TORORNER PRESENTLY ENROLLED IN OM1N PULL HO C*PR6 RAdrl OPERAiORIORIw&7� - ES ❑No ❑YES V HC. . Ei�LA1N CIRLUMSTAHCES. INGLUOECRIMES COMMrII' C,,5EGYION•VIOLATEO;DATE OFL'OryV1CYI6N$;_elhN'tYl9, TM— D'_aurr (FSEADORIONAL PAGES fP NECESSARY) 1 I certily that the above Information Is true and correct, and that no omissions have bEen.maoe'-, ' ' • The Operator and Driver are advised that giving false information to a pe�'D6, of der; ilhor otally or in w�l jng, is a misdemeanor pursuant to vehicle Ookle Sections 20 and 31. 1 PERATg0.'SigwlJEa•S RE � bAT,E �OW ORN SSIGNANRE DATE �ECEMNG ' I 'S NAME IDNUMEER DATA aR GNP USE ONLY: APPROVED ❑DISAPPROVE IIEn Inplviouill la nettle yn®q )aFeMR low @panlerwith r whhrl nation for the tlatlanpel etmah:A;opp' vfllfie+a'on cp thl9 term. -�.,.•, uir .,.i,w•; �.j_• Use Previous�dII1DnG Unul Deplaj��, cuvreaa!rm IFONNN .. ._. _. DEPARTMW OF CAUFOWIA HIGHWAY PATROL TOWam"ewr OPgLL "5TOPJDRIVER INFORMATION CHP 234F(REV 8-04)OPI 001 Inaauctlg Is:Please type or print deafly. Form must be filled out cmplefely. OPeRATOPARWER rut.ruble(MRSr,ANODM VS17 DOa LIST ALL ALIASES tLWEADUTIOA 1L PAGESIFNI5GFSSARY) COFPARY NAME JOe TTRECLASSIFICATION r i (3- . WR MUCENSE NUMVER STATE EWIRATIMDATE CLAM ENDURSFMEM MEDICAL CERTIFICATE W�1I,CFRTFIGTEE'wIRA p�TE �r YEs ! I /• j I „�I �9:, �1 !_J / ;I)�i•�u^5lm ,f��1a r7n. q':F�:r'fi k; ;N 7 R.%� pis �lu�lU,.• ,�• }�G ,,3, Q ,i61;n,ieia.i ,',) ci. GLr;;: 4n _In4 -_ `Ie;ui�! 7rmu it • - NUM M OF YEARS ExPERLgMEIS A TrIw TWIP(OPERATORA NUM IN OWING CHP CLMSE$: � �� class 0. Ctan a: (It"C: Caus 0: OPII+A YENRG4LED140MV ULI.NOTet PFQGRAMT DPFRAIT)PiT1RryETt Ev6t eET3/COHVI m()FACFw 13 YES ND YES ND M°YES E7TlAai CNGUAISTANCE$. MMUPECRbWS CO1GMM 1,SEC"S VMATED,DATE OF ODNMTIDNS.COUNTRY STATE,AAD COl1MrY mew cRRMEs wETtE comwn--w. (LISEAD07100L PAGES IF AWESSMY) lertify that the above information Is true and correct, and that no omissions have been made. The Operator and Driver are advised that giving false information to a peace officer, either orally or in writing, is a misdemeanor pursuant to Vehicle Code 5 actions 20 and 31. MRATORBIOV44M SIG+ DNW r S ,� O Av DRIVERS SIGNATURE PATE A -7-;-6 - 6 I ER G OFFICERS NAME // � ID NUMBER PATE APPROVED FlDULPPROV120 _�• �' +� `ndWlduai is not approved,provide tow operator with: written reason far the action and attach a copy of the reason In this form. Use Previous Editions Until Depleted a341004 P 7rA'��rCM�■M W&gTM9/r0KC&FO Wol H%WAY PATF OI. SOW gpjfQA-FCtR/1 PjV--jR tNF[7111RMA 6N zit+=tHe�+e-at+�lnei • ln•b7+ ; arpQ , full xNA61FF'2sr,Nbd-E 'S17 .. Doi , ww rrr- / -(PC - • 113T ial Nxwodna/uc vwF[6IF COMPI3IY HAFIE xw TTR YIDN ttv �s w ro I a c. pRt.N f d LILERSE RI11A■ER STATE n 14 =I —OM b..c�nRgmER1910E AdA7OW T11UCRf1'fFA7OOWFt r1• 6b116wMilt HK!'AK!~ • . I - . w Iaa+auEn'RrownA L rEs rp C]Yes no YE3.OTLOf CSLCIIMSTAH+�s. rcILLUaEC �GHAIAI :aEOtYSH �'101-ATEA�WYE-OF C�A'Ak}10MC. ACINTR]N�L AA6E5lF Al#iSY[T7 1 1 1 1 ;certify that the above Informabbn is true and correot, and that no omissions have ta"'Me o The Operator and Driver era edviapd that gflikng false information to ■ pgfoa odwe. a'" a in wliiong, is. d misdemeanor pursuant to Vehiote CoJle SoUlonk 20 and 31. TOR39w•'H9�3 RE sAM' OPNVE 3 SIWTURE aFFK.ER'3 nN.E 10 MINwiR W �W!C�u9E OeAM VrrNvkV ❑oiv�rvRoveo k1dlNdud h not . pnald■tow oP■mkw VdIh■"non rw.nn w r*acmwn pr d.t4Khk<._ .dfnha r on.p wl.tw,n. .;L_�.`_ .'. *I• ?r:arr)* UH Provlw!■Edlwohb uhlll D.Pt iYfll. mne,+r«o MAW )RIVER RECORD INFORMATION `-� DRIVERS LICENSE F.0 BATES NO. TYPE DATE M15C.IHFO SUBMITTED BYREOUESTER =L9492 wq OF a [IDENTIFICATION OF DRIVER BASED OR ID CARD;: A0806289 A PUB UfC SERVICE AOENCY ON INFORMATION SUBMITTED 973C1 MOCK , KENNETH GEORGE B IRTHDATE SEX HEIGHT WEIGHT EYES RAIR DMV USE ONLY 06ii3�53 M 5R1 15C HAZEL BROWN CL MST 04/25 BLK PUL DRIVER LICENSE INFORMATION CLASS ISSUED EXPIRES E%T RESTRICTIONS CUP LIC. ISSUED uC.HELD A&M1 COMML 060 061309 RB2 1740 ITEM OR COHYICIlOR LOCATIO:!ORACCIDENT COURT OR STATUTE DISPOSSTION ACC PATE DATE OUT-OFSTATE VIDLATIOHISY JAyLVc OR1Te1^" TYPE OR AMT. FR FRE NUMBER OR UCEN BE NO N E T O-RE P R T CYA ACCI➢ENT REPORT NUMBER I i i Y ACCIDENTS SHOWN ABOVE GO NOT NECESSARILY INDICATE DRIVER RESPOM SI BI UTY MEDICAL EXPIRES 01 - 17-D7 M DOUBLES/TRIPLES ENDORSEMENT I TANK VEHICLE ENDORSEMENT SEE *NOTIFICATION OF ACTIVITY PER REQUEST BROTHERS TOWING INC II REVERSE FOR S SUSAN SICHTA EXPLANATION C 301 DEL SOL RD OFCODES PALM SPRINGS CA 92262 DEPARTMENT MAIL EFFECTIVE AUTHORITY BECTIp4I5] iHRU SATE ACTION ORDER DATE OR OR SERVICE OF ORDER DATE OTHER STATE TAKING ACTION TERM REASON FOR ACTION FIR FILE NONE TO RE PORT, TYPE DATE NUMBER J O II- IA)iIUD(T OF CALFON �M'A iU NY PATROL DW OPERATOR/I]RIVER INFORMATION CHP 234E(REV")OPI 061 2 Inatntoll na:Please type m print deady. Form must be Sled out whip etely. ToRORNER RL.L wME[FIRST.Ar1DDLF LAST) ppe LAU 1 D AN+hgg Magill ZESS /o -5-7Y ALL AL6 -S(USE AOWTION14 PAGESrt 'o A NAPE lOe Yin, C '-""'T" W I rJ to c— O fL I� RIVER UMSE?AMBER STATE E 1111TION DATE UC XSE CLAM E�DRSPBnE CA Io-5- 1d A A mI III -r N CUMFr m NElrC•AL CS%rrFrOATE EVWT1 CUTE ��" "•�;ji ";,�".r�'a e :r�Sl, ° '�•, p " NO r - O(o rr K'(r i7ti�Y� 5� r •4 rA--OFYSARS EWFP.04FASA TOW TRI"OPHLAYORA)PNER W TMFOLLOWW.CNPCVS5E5: 3 Y�¢5 �Wl"Ce (O YCAaS OlIVANrr A`--3— Clau a:—aT Gus C: 3 cis"D. 3 _. R� n os 20 Ura�a s�.1,Y.+r PPFdeMY01ROWED IN DUVP LL Mn=PR0GRA1ft OPFRAT DRRm5(REVIRt OE61CONVCEDOFACAMW MW ❑No ❑YM [91; ETLMi Clq(,VPCTAMCES. MCLODE CRAI"COAMM M.5ECr10NS VIOLATED,DATE OF COWJCYIDNS COWW,STATE AND ZURTY1M£1E MWB WERE 00WRTED. PAI @OIFAECESSARY) 1 that the above information is true and correct,and that no omissions have been made. Operator and Driver are advised that giving false Information to a peace officer, either orally or in writing, is a demeanor pursuant to Vehicle Code Sectlons 20 and 31. -orrsgWeFrrs s — DATE 57- O IIVERS SKRIATIrrTE D TE yfl s a o(a MW F)mrs ruuE ro rxrNeER DATE ak OILY: UM 11 nOt approved,provldw bW Operator ANd1 w WrItyn naaon fO the acff a end athxh A eOPy of ttw roap 1 b ibis rm fo . Use Prevlous Editions Until Oepleled 'z ffNAr CALIFORNIA frrrcr WreckMaste'Certific2tion Card COMMERCIAL DRIVER LICENSE cu,5s:n xi EIPIRE510-05-1e._ A8849518 EHOORS:7N _. _•� _ g1Er enc Personnel DRVID ANTHONY MONKRESS g h ck otcu>I feria: 3e155 /R LWNINOS 9M4 — 9�•!� /.O AvIfJ ,,,• ra7xeDORAL Rnl Crr ca vz2aa SEX:M HRIR:9LN §51 ,-rw.Jnafrr Via` _ti iS, H7:5-11 WT:230 0 10-05-74 sfgnatum.1 =N[no;s - DDavid Monty el: 4530-155 Ava. D: 05D520Cathadnl C e: 05/29/06- - - 1 1 R,R.l11 yYII DRIVER RECORD INFORMATION DRIVE J S LICENSE F.G. FATES NO. TYPE R OR 0 CARD M PP PATE MISC.IXFO SVBMITTED EY REGU ESTER REQ CODE RECORD DArj IDENTIFICATION OF DRIVER BASED AB849518 ARIIaVC SERVICE AGENCY ON INFORMATION SUBMITTED L9492 LOb5 43773 MONKRESS, DAVID ANTHONY 31RTHDATE 5E% HEIGHT N'cIZOG EYE5TNHL[11,11: HAIR DMV USE ONLY 10'.0 M 5d1 2REE CL DD2 10/O5 BLK CRT DRIVER LICENSE INFORMATION CLASS ISSUED E%PIRES 1E; ;:. RESTRICTIONS A DUP.LIC.ISSUED LIC.HELD COMML 09R702 100507 i ! 2241 VIDUIT[OU CONMTION SECT[ON(W VIOIATED COURT DISPOSITION ITEM OR LOCATION OR ACCIGEHT OR DOCKET,CITATIOR LOCJd[ON OF COURT VEHICLE ACC GATE GATE STAiO iE ODT-OF-STATE WGLATICNIS) TYRE on OR OR LICENSE CYA AMT FIR FILE NUMBER ACCtp EMT REPORT MU MBER ABST 11111i02 032103 345063,405DSA VC I DMV POINT COUNT 1 64575RM 42460 SANTA BARBARA ABST O''23'04 0611&04 22348C VC DMV POINT COUNT 1 22130Tq 36495 RNCH CUCAMNGA P412678 ABST 06104 09�1k,04 22406.A VC CI114I+EH OT}I Y3d.T4.29 5746.0 MORE-NO VALLEY DMV :POINT COURT 1 . 5 ' I i i NV ACCK EH i5 SHOIVN ABOVE OD NOT NIECES SAAILY IHDICATC DRIVER RFSPOM51 BILL TV MEDICAL EXPIRES 06-17-06 -iiLJ I lrl .Ai1EFR ur AL l l vi I Y HEH REQUEST I, • -]CC BROTHERS TOWING INC II REVERSE FOR S SUSAN SICHTA EXPLANATION C 301 DEL SOL RD OF CODES PALM SPRINGS CA 92262 DEPARTMENT ORDER ACTION Doom EFFECTIVE AUTHORITY SECrION(SI THRU DATE Acrw DATEDATE OR SERVICE OF ORDER DTRER STATE TA ING AC1[ON TERM REASON FOR ACTION FR FILE NONE TO REPORT TYPE DATE NUMBER 1... I o +n Ic V FOMIA HQ1WAY PATROL OW OPERATORIDRIVER INFORMATION CHP 234F(REV")ON 061 Instructions:Please type or pdnt dearly. Form must ba fined aut cocnpNbly. — F1AL NkW(PMT.AKOOCF LAST) O W , s --rvAh. N cy- 0 S- t �3._ 6`f �T ALL ALKSE5(LtSEAM170f e.PACES 1FAUCESSARY) ARYRAE JOe TIME ASS T*H (' u G4 LCr 6 �' i e1JER UCWSE NUMBER STATE I WiRAT1ON DATE CIASs S �t�-3643 CP -7-18-06 TX rcERTMATE uENCAL CEFMFMTE Q�KAT"DATE � ��f;44,6lk"M 1� " - ❑NO 3 - OF F]REgIFJiCE ASA TOW TRr1Cx OFVUIORSI W M THE FOLLOWWC OW CLASSES: .f` t 7L� �✓ t y A C:n e: CNm C: Cl—D:_&12 _ u L,F,, a cd 3 14 cr 415- TORVDMM%R PW4 Y E14ROLUM Rr DMV HILL NOTICE PROGRAM? DKRATORORNFA EVHI beef OU&CTEU OF QRUE? W 0979%33 4- YES ❑NO 0 YES L)No EkHAM GHCUM.4TANCES. MCUlOE CRojes COIKAnw,SEcrmS MLATEI,DATE of OOHVICTY .coLww,STATE MID coufm mieFic CRIMES wERE cOWKrf=- PACESIFAEC ESSLRY) i)-,L)/R� C,(- m666 RU P-50 Crl -� 5�, ` j j P,c. 4-7L' CO) (2URs.v cnl-y �(1d/vo Ns. i13 S,3 ( c) RVq" "l; tthat the above information is true and correct, and that no omissions have been made. Ia Operator and Driver are advised that giving false information to a peace officer, either orally or in writing, is a edemeanor pursuant to Vehicle Code Sections 20 and 31. TOfi'SAD'M�ft3 DATE rd`.srs kJ1U CUTE OFFICERS HA ME b NL� 6lTE orAr. -•.y-.rf.vKRy ROVm oISAPRmVm ual Is not approved,pmvlda tow ope for Vdth a wr,ttnn mason for the eogon and attach a awy of dfa raaaon to tlMy form. Uaa PmviDvs EdWons Untl bepla,ad "'° WreckMaster Certifintion Card Emergency Personnel eec G6=re.rd ror1 -1 Lo•e.m r..Lrm M usw f. uoe xann:rr Signature: "• 713548 7Callente WM Level: 45 N A Operator ID: 050334 rinps,CA 92240 Explry Datc' 05/29/08 1 1 1 1 CP 1 T Tor r lid , -e'' ,';Irl r •��,�,1��1 ,NF 1 76:,_rl-r 1,r o� ............ ............ ..... 1,. ...... .... Ilk 11,W111 � ' s5 Q 'r 0, J S 1, th i' 1 r ' �L ', b VkEPIFIE rA. DEGIREE r kh MIT. HfN 7 III 1'iT, ATT; 'HE-D r kp OVEFA"iNbof�5 t Ry, q I Ali, Ilj I, -15 7 —7- 7 c, zpj r 1 1 L�.Rt 141, it Po It �1 1 1 jl�"Ir 1 r 1 14 El, r I I , �r, I I L I'r 1 L�11L r�,I lirI 091 6 r 11 L 11 w� 7 rtrhr III d 0, n, r rf��f�I)Jl.i,.'pr III,{.rl'i r'' - ;1.i�Yl'rl' 'Y, T� p s i 0111� OIL' A �" 2 0 11 il, I, Ar, L 1 L I I....1 �J, Isr Il t M olil, q MCI!' 1 .1 1 UI V It Z�L?, _r'.. 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Ir fu r3 DRIVER RECORD INFORMATION Ste= +»�DRIVERS LICENSE FO RATES NO TYPE RPP DATE MISC INFO SUBMITTW BY REQUESTER 0.EO.CODE RECORD DAT IDENTIFICATION OF DRIVER BASED 1 rlru Nunn oR Io DAao: ON INFORMATION SUBMITTED A PUdtJC SFA YlCf AGFllCY C5923b43 L9492 ➢4.18;0 51101 NICHOLS , CHRISTOPHER TODD BIRTHDATE SEX HEIGHT WEIGHT EYES HAIR DIVIV USE ONLY 0518b9 M 6➢ cL 100 04/06 BLK 0013 25O BLUE BROWN DRIVER LICENSE INFORMATION C1A55 ISSDED EMPIRES EXT RESTRICTIONS CUP LIC.ISSUED UC HELD A&MI COMML 030702 051806 0024 VIOLATION SECIICNIS)WDLSTED COURT DISPOSITION CONVICTION DOCKET,CITATION LOCRTIDII OF[ODftT LICENSE ITEM VIOLATION GATE LOCATION ORSTATE ACCIDENT OR STATUTE OR OR REPORT LICENSE ACC DATE OUT OF BTAiE VIOLATIO:lI5 TYPE OR AIAT FP FILE NUMBER ACCI DfNi REPORT NUI.iBEP CYA ABST 070704 072904 273151) VC f 44322RW 36637 TWIN PEAKS 4WHH653 DMV POINT COUNT 0 f ACC 092205 *RIVERSIDE CO 196302007277 6E84774 ANY ACCIDENTS SHOWN ABOVE DO NOT NECESSARILY INDICATE DBPIEA RESPONSIBILITY MED CERT/HEALTH QUESTIONNAIRE/DL DUE FOR RENEWAL All MEDICAL MEDICAL EXPIRES 03-24-08 REVERSE FOR DOUBLES/TRIPLES ENDORSEMENT BROTHERS TOWING INC II EXPLANATION $ HAZARDOUS MATERIALS ENDORSEMENT SUSAN SICHTA OF CODES TANK VEHICLE ENDORSEMENT 301 DEL SOL RD C *NOTIFICATION OF ACTIVITY PER REQUEST PALM SPRINGS CA 92262 DEPARTMENT RSAIL EFFECTIVE AUTHORITY SECTIONIS) THRU DATE SERVICE OF ORDER FR FILE OHOER R OR ACTION DATE OTHER STATE OTAKIN G ACTION TERPS REASON FOR ACTION TYPE DATE NUMBER NONE TO R PORT' w i , v -1f�1 OM1t1 ATO"FOVVR WFQR"-nQN tylp �aal+�rriti� t �u+YYic - iro+rrt��4r#�.tl:' - r-• • '- Ro urvNAME _ gar . . - _ _ -r-,..,."-i-•— 6 Y' i t 14 A WCATE crre arawck urtn� a+rE Jam_ Y `f 1 osvEwpvs+� grow :n• � r HE�JY bury '� 1"F/ A cu"a: dmrwc rEx - ©ppE�rtirvY.ocLtn � LL t�acwcwcUuaY�+r1a�.�sxxuo�cyiwu iw�AiW;MYens 1r ticf'.,' :; rucfs,�nrssivr� - � i « �-(col - c-ocj B�0)4 44 01cAL CA KP _.. r989 -�Rras�net /5M15 of eani+ieou.E❑ sv6srA�c ; I�}�Q p6e'5eSS1'A o'F CoNtgoluo 6'4WRNcE �mq- '1�'A'1$Eley lQgd_ ml$vEmaANo2 PD5SE5510N dT CoN'fRouEp - 1�aQ�- As5Avt-r -t• W6/I OP3 i9q�a POSS£551ON UP00/J I'R• U0 5Ub5¢pNG� P �l9 $r7' NON -SUFFICIEa� FvNvs 19 ?�- Ml5D5-M6ANOIt -pu 1 - 3 - � 19'74- LUARRAAS+ DUI �RAN1al5hi�q '�r ACM t� �ob�r'e 14l7 � DUl-R>:Ductp�o wie.EcKbt;ss 'D&IV,.Iln1g-$A11�2y• that the above information Is true and correot,and that no oMissims tWfra th h n16�1a Operator and Driver are edvlsod that gl 4 false kr►orrnmtfen to a ol*t; wy d ec Nl wfl�np, fd:e emeanor purcuent to VehICIe Oo11e Sectlank 20 and 31. ? ■9((90N16i1 flp ' ter' 3 e 4:L 1 NAY4 4NYWitie p4 . ONLY: ,u� ❑owrflnoveo , Yrl lr rbtg=law e'rrrWn fdW is ve1Mrl nrran For 1M raYontp=r, 43t fY fQ mil'MrL2 _-J'},. av r • tr• 'fit" UM b PrIYm MOMorw UnkV ,,_ aa1�r14w 1 nmrn xwu !RIVER RECORD INFORMATION a.�F-5i DRIVERS ID LICENSE F.p RATES NO iVPE PPP 114TE MISC INFO. SU BM[LTEO RY REQUESTER =CODERECORD rtin.ar 1IDENTSFICATIDN OF DRIVER BASED GRID CARPnA PUBLIC SERYICEAGEHCY ON INFORMATION SUBMITTED A0554364 12 MO . DRIVER REC I' v 07428 WOODS, ROBERT JAMES GIRTHOATE 5E1 HEIGHT WEIGHT EYES N.yR DMV USE ONLY CL 12M 01/06 ELK PUL 02a9$5 M 600 21-9 BLUE ELDND VO Eq DRIVER LICENSE INFORMATION CLASS 1G5LEO EXPIRES EXT RESTflll 11pY3 DUP.LTC,ISSVEO LIC HELD A I COMML 02i?2B9 021909 RB2 12131 RnOLATIOR sEcrloNrsl"DLATED COURT DISPOSITION ITEM OR CONVICTION LOCATION OR ACCIDENT OR STALUTE DOCKET,CITATION LOCATION OF CODRT VEHICLE ACC.DATE ➢ATE OUT-OFSTATE VIOLATION51 UAL OR OR LICENSE TYPE OR AMT. FR FILE HU"EIt ACCIDENT REPORT NVMB&R CVA NONE Tlk,' itEP RT . i Y ACC10E}ITS SHOWN RNOWE➢O NOT NECESSARILY INDICATE DRIVER RE5PS1N5161LITY - MEDICAL ExPIRES 12- 08-C7 M DOUBLES/TRIPLES ENDORSEMENT SEE I BROTHERS TOWING INC II REVERSE TIC S SUSAN SIGHTA EKPLANA 301 DEL SOL RD OF CODES C PALM SPRINGS CA 92262 OEPRATMEHL MAIL EFFECTIVE AUTHORITY SECTIONISI THRU DATE SERVICE OF ORt)ER ORD" DATE OR REASON FOR ACTION FIR RLE ACTION TA DATE OTHER ER STATE TAKWG ACT ON TERRi TYPE DATE NUMBER NONE TO R PORTi I _ gff G B STA.S�OF I`.AIY-OWN SCPAKTMENi Or UFORNIA HIGHWAY PATROL '- TOW QPBRATO", RIVER INFORMATION CHIP�W(W&04)CIPI 001 I swcacns;Pioaae tj�Ppor Prtn[d9$NY- Fpmi nluyhbe Pllgdi hyoid ately. ' _ .. . .. . C(PESiA"l6RARf>✓�llF L4 AMt(MRST�M! I.ASrJ l Opa I /y/�i9rr7 S.rNE G.i?� /irisrY7 L' LI�sES(USE/OLS'ilGK1L Pa GES lP NCCE55WY) ' GOMPANYHAME _ JOB TRLEIC iFNYATION u . C 's �Wro IaU gg111 y.um NUMBER STATE Expi TIt1H' - 1l PA68 CERTIFICATE M GAL(212001CM EXOIl ATIBN U'ATE - I ti,=`-.rr t� .:; �-- _ -•�yyl s — =-,t r, :. _ .5.,r:.� I �: I ��:72F'-r"et�"N�W,�I,C��_. _. 4�•-L�•'i,.::� E9 El No ��' .�/( __ ;vim- 'y�:?:;,2..•�r".r= 9:i.: - ix =�fi�'" 1-'.J "`•':-- y. NUMBER OF YEARS EXPERIENCE AS A TOW TRUCK OPERATOPMWER'IN F.OL-0mug EHi'owA ;las. - Glass A Class 0: /S . Class C: Class D' 71170"WER PRESIWMY ENROLLED IN DIVv PULL NCI CaP gL;R1iF1• oPtRA R0Rr,' 48 OgKIOiQEff � aEl NO YES w _ 1�YES,04,LAN CIRCUMSTANCES. INGLUDE CRIPPS COMe P.SECDDN v1CLATEU,(SATE OF CONVICTION$,&tlTED- `F, 2�, f]•DI1 'WryppF :6 (aSEADOMONAL PAGES IFNFCESSART) bcertify that the above information N true and correot, and that no omissions have bgenlmape. • The Operator and Driver are advisod that giying false information to a oa o "F . 1ther'Of A cI in wri n p .� E g, is, a ' misdemeanor pursuant to VOICle Cokle Section6 20 and 31. OFERATOFTSAWHER'S RE FAST@ TOW DFtrvQTS 61GNANR@ 'z ®ice DATE RfCEN?IGO F�'S NAME ID NUMBER DATE ' FDR CHP USE ONLY: rJ APPROVED nOISAPPROVED ' If an Individual Is natrap a 6 provltia law BPerater with a Yaltfan mason for the aotion,!nd a oh pC,mllrya Y�a to mla rarm. = me 44Y Rb. P�Tr�^ Use Pravlous Edltlona Unfit Dapla4#i �yI WE OF GWIFORNIR 11�OF CALIFORNIA HIGHWAY PATROL OW OPERATORIORIVER INFORMATION if 224F(REV 6.04)OR 061 Instructions:Please type or print dearly. Farm must be filled out DornpleWy- TERATORMMVEt FALL NAME(FIRST,MIPOLE LAST) Sca K.+J A PPL EG.ATE TALI.ALIASES(USE ADDITIONAL PAGES IF NECESSARY) "WAHYNAME lW TI-n-E 1WICA710N LICENSE NUMBER STATE FhPIRATION 7E LICENSe GL&SS ENDORSEMENTS 3]1CAL CERwrATE XWI> II.CEATIFICATE MRATION DATE 1E, 5111 Nd 4 - q,.,., I'd�- �1: I'•-�I 1i7L iz� f , idi fl, T ask {I ;p't1a, /`I �:i�;�a�` ��µ�`` ''�+{ Id�l��'n's•�trw, rl;_.. .:;,E+. OF YZYM WER AS A TOW TRUCK OPEMTOR DRM IN THE FOLLOWING CHP W—,aE5: A:�' vrs CL3u e: 6(ess c: clam o: �ERATOWDRr PPZSE LY EHROUHD IN DUV PULL NOTICE PROGRAM? OPERATORIDRMR EVER BEEN CONVICTED OF A CRIME? ■ES HD to YES [IY NO s XP CIRCUMSTAN=- INCLUDE CRIMES CDMMITTED.SECTKKIS VIOLATED,DATE OF CONVIMXWS COUNTRY.STAM AND COUNTY MERE CRIMES WERE COIW mtiD SEACOM06AL PAGES IFhECESWY) C �a' 1.//�tWJ �AkR PHA�AcI.t . �AIP ,G 510" Fin)E f certify that the above Information is true and correct, and that no omisslons have been made. The Operator and Driver are advised that giving false information to a peace officer, either orally or in writing, is a misdemeanor pursuant to Vehicle Code Sections 20 and 31. �TW&iUWNEITS 5 DATE 5-14 Z� s-- -3 �DRNEt'S SIGNATURE DATE ECEMNO CFFICFITS HIM, ID HUMBFA DATE DR Cpp USE ONLY: , - vlA DISAPPROVED •' ,�• ` an IndMdual Is not approved,provide tow nperaior With a written reason for the action and attach a copy of Iha reason to this form. Use Previous Editions Untii Uetrletad ¢Jl�kp � �, � $ • a $ • & @ & @ p I k� _ _ ■ & �/ #�! - \` ■ & $ - . , _ :�. (iL . « ® ' , ■ . � �> , ® ' e e . ■ �\ ■ ■ . . , � . ;�_ . ■ ■ . � �ƒ'• In f !�J l� +� / ¢ • g . » �. A � # / �� \F =/= A 2 ronv mvxrn DRIVER RECORD INFORMATION "Ww IDENTIFICATION OF DRIVER BASED DRIt'ERB LICERSE F O BATES NO I TYPE APP OASE r.115C INFO.SUBMITTED BY REQUESTER REO CODE RECORD DATE A POSlIC SfRV10E GEl1CY uxruvrrn xnr m¢n OA ID GRDF ON INFORMATION SUBMITTED R A3278465 L94• 92 1121;0 E 54806 APPLEGATE , SCOTT RONALD BIRTRDALE SEX HEIGHT WERSHT EYES HAIR ❑HIV USE ONLY CL DDI 11/21 SLK CRT 062869 N 601 2I0 BROWN BLOND I II DRIVER LICENSE INFORMATION CLA56 ISSUED EIPIR ES E M RESTRICTIONS OUP LIC ISSUED LIC HELD C I N-CON 03214 062810 1423 VIOLATION CONVICTION DOCKET,COURT DISPOSITION DOCKET,CITATION LOCATION OF COURT VEHICLE ITEM OR LOCATION OR ACCIDENT OR STATUTE DATE JAIL OR LICENSE PATE OUT OF STATE YIOLATrOH(6) TYPE OR AMT. 'cR FILE NUNUMBER ACCIDENT REPORT NUMBER CVA ABST 0320101 09.0701 146612 VC ! 102611I 19498 VAN NUYS DNV POINT COUNT 2 ABST 071504 11;18;04 16028A, 22350 VC 6880561 19498 VAN NUYS DNV POINT COUNT L I i I , I4NY ACCIDENTS SHO'84 ABOVE DO NOT HECESSARILY IND:CATE DRIVER RESPONSIBILITY *NOTIFICATION OF ACTIVITY PER REQUEST M SEE SUBJECT ISSUED ID CARD 05/03/01 EXPIRES 06/28/06 REVERSE FOR 1 • BROTHERS TOWING INC 11 EXPLANATION S ID CARD REISSUED 04/18/01 SUSAN SICHTA OFCOCES 301 DEL SOL RD C PALM SPRINGS CA 92262 {I NT Wit EFFECTIVEAUTHORITY SECTION I SI THRU DATE FIR FILE ACTION DATE ORDcR ATE TE REASON FOR ACTION SERVICE OF ORDER OR OR ACTION PATE OTHER STATE iAKiIIG ACTION ream TYPE DATE NUMBER NONE TO R PORT I I I 0 111 OF CALIFORNIA DEPARTMENT OF CAUFORNIA HIGHWAY PATROL W OPERATORIDRIVER INFORMATION P 234F(REV 8-04)OPI 001 InstmCtionSt Please type or print dearly. Farm must be filled out completely. 1 IDIll LE LASrl o+---4R g—k,PULL NAAIF(�FIRq H A 2 + I &- Ll LIST ALL ALIASES fUSEADDDTONAL PAGES IF NECESSARY) COMPANY NAME y JOB TITLElCLASSIFICATION WER LICENSE NUMBER STATE EXPIRATION DATE LICENSE CUSS ENDORSEMENTS CA I I I aZ irig pp EOICAL CERTIFICATE MEDICAL CERTIFICATE EXPIRATION DATE .,+ i,flll,.'fl ,��m7,N.�. �ljal�h,F 'l:l;ry", ,]'ll=�liihlF'.;,.Il�rti�l� l,''I�;rirlliL';'Iii�lW7 "mi"'J,1-'.{"°�i•'-.:I�li [fill I l�y[IL YES �NO j-;,byld; 'tll If t ljd .l ;l 6yIr,P;! �,;.i; Goa elaiHl M5ER OF YEARS EXPERIENCE AS A TOW Til OPERATORORNER IN THE FOLLOWMG CHP CLASSES' CIal A Class a: Cll C: Cla-s D: PrRATORMRFVEI�RP aP PRESENTLY ENROLLED IN OW PULL NOTICE PROGRAM? ERATORlDRIVER R BEEN CC WICTEO OF A CRIME? YES K NO o YES NO IF YES,EXPLAIN CIRCUMSTANCES, INCLUDE CRIMES COMMITTED,SECTIONS VIOLATED,DATE OF CONVICTIONS COUNTRY,STATE AND COUNTY WHERE CRIMES WERE COMMITTED, ILSE ADDITIONAL PAGES IF NECESSAl 1 1 1 i I certify that the above information is true and correct, and that no omissions have heel I made. 1 • The Operator and Driver are advised that giving false information to a peace officer, either orally or in writing, is a misdemeanor pursuant to Vehicle Code Sections 20 and 31. 1 OPERATOR'SIOWNERS SIGNATURE DATE At,Z— TOW DRIVER'S SIGNATURE DATE 1 RECEIVING OFFICERS NAME ID NUMBER DATE 1 FOR CHP USE ONLY. APPROVED MOISAPPROl ' It an Individual is not approved,provide tow operator with a wrltten reason for the action and attach a cor y of the reason to this form. Use Previous Ediddns Until Depleted rla4roo+.n 16FM 3PARTMOU l7F•DALIFORMIA HIGHWAY PATROL 1�IY/0?gMTORMR11t/ER INFORMATION 23lF(R�8 W)tDol 061 1 • ITlslnfctlms;P)ea�a - 'cr prliit d9Ar) ..KPrrtt.mua6be'Al�eit. ..F...:.. :y .. YOFVbR&TR FULL HAart(PAST,MIDCLE,'YM I - Jckl'i j)AViE$ + Sr ALL AUASES WSEADDITIONAL PAGES IF NEMSURY) ' l aMPANY NAME JOH TAL RD iS --Tow i.N IaC, 5. LICENSE NUM9ER STATE cJ=RT1� TE 14E3,cALce PuTi-601reAT'IoHOATC '_`,� �^S' .�, _ ,• w '=_ a'Fe%y�'- -, :�',� ;. :�r = gNC �A _ :ate M,�y ;r• � ��ccvv+ �...;�;.;'Y��'.',•-.,Tt,,� LIMPER OF YEARS EINERIENCE ABA7'OwTRl1CK DF�tATOpgRIVERIn4i�FOLLGWINfi'CNP.6tyK9gy;� Pm A. /�.. Class e: Glans C GINS D: A MR PRESENTLY ENROLLED IH DYN PULL NOTICE PROM :TE OPtr77AI"7'yE31q _ -:YES b�P-MCIRCUMSTANCES. INCLUDE CAR.IFS COMM - 'SE{]iloiV V LAYEp, OF C 7 N&644iet lm ACOrr1OtM PAGES IFNECESiARTJ 1 •---�'T •- ,:_ • ' I UM" h sLn spallo�A 1 Zertify that the above fnfa rear ion is true and correct, and that no omissions have b en:Me ile. ' The Operator and Driver are advisod that giving false inFomTation to 9 t+�li o11Cor, pithw04 or in,O$ng, is. g misdemeanor pursuant to Vehicle Code Seotionil 20 and 31. TOR'SA]Y.HEA'S 1 RE ' SIGNANk� KATE G OFEICEftS NAup ID NIJFbSk DATE CHPUSEONLY! OVEO El DISAPPROVED Itpn Individual 19 nat } pravideWw apwrMMnwlfh 5 wrtthn rM$On for th*NallwUnd stuch m to riN ft". i S_. ..;_;�!}?1 x_` ��x-•r'rj,. tiff PnvlDu�Ed(11aha Urifl60ipl" . .. m�l.a+yR S Automobile Club of �j Southern California CERTIFICATE OF COMPLETION CARD 105 DRIVER ORIENTATION Name John Davis Certlficatlon No, 51582 Expired Mo/Yr. i{zaa 1106 _ /ba / tr Z� Aa�� 5IF Instructar' Ignalura r DRIVER RECORD INFORMATION � DR RID ARDNE F.O. &4iE5 HO. SYPEAPP. BATE lAISC ]NFO SUBMITTED BY REQUESTER =20"c4oll •ru � IQENTIFICATlON OF DRIVER BASE OR ID CARDN B8216545 A PUB UCSERWO£Ai2bYCv ON INFORMATION SUBMITTED 73937 DAVIES, JOHN A BIRSHORSE SIX HEIGHT WEIGHT EYES zR DMV USE ONLY 0812 M 1 155 BLUE BLOND I�18L 51 04/1B ELK 100 _: DRIVER LICENSE INFORMATION C3A3; 35: I I I I I 1RES E%T. RESTRIC710N5 DUP LIC ISSUED L1C HELP H-COM 012403 082107 1 ' I I 1809 ITEM pR.... OONVIGTIDR aECIIUNISI VIULATEU N.V VI[1 VIA1'�J,7IIUN p,ATE LDCATfON OR ACCIDENT OR STATUTE DOCKET,CITATION LOCATION OF CURT VEHICLE '°p'TE OUT-OF'STATE VIOLATIOH(SI mi- OR OR TYPE OR ART FR FILE NUMBER LICENSE ABET 072 i02 012203 1460II CYA ACCIDENT REPORT NUMBER DMV POINT COUNT 2 VC 206322 19486 TORRANCE 335BXF ABST 0627103 091103 27315E A14.V_:P.OF.N.T , �4UjN.-T..- .a- VC 31071SF 33491 TEMECULA VALFt; SP�Ta1G�:=:- : . .- '. . _ LL_AH:SF :0: 2- Uf# eY'729:04 '22'3 _: ._ ... . . _, --. --'44A ,. : _ .. - '. . - - - _ - '. 3a;.kAil'k5"72`; ':;• _- .:`- _ i' ''i" fIMV P. ':I:KT_ :,:.. ., .:; - _ QtliiNT33.4.5D_.TNIQ. ` _e, ' C217 *ACC 1120�D4 PALM SPRINGS 3311`331023!6s J611$459 - - - _ -_ - - — - , HY ACClC EHiS SHOYRI ABOVE DO NOT NECESSARILY INDICATE DRIVER RESPOHSIB IL]SY • - - " `-"'...z•.. _ _____ _ *NOTIFICATION OF ACTIVITY PER REQUEST M SUBJECT ISSUED ID CARD 11/15/01 EXPIRES 08/21/07 I SEE ID CARD REISSUED I1/06/01 BROTHERS TOWING INC II REVERSE FO S SUSAN SICHTA EXPLANATIO C 301 DEL SOL RD OF CODES PALM SPRINGS CA 92262 TIEMAIL EFFECTIVE AUTHORITY SECTIOIIIS} THRU OA7F ORDERDATE OR REASON FOR ACTION SERVICE OF ORDERFR FILE DATE OTHER STATE TAKING ACTION TERMS 04� 21b1 013365 T'PE DATE NUMBER AL NOT CEIDbC MENT ON FILEFAILURE TO APPEAR HOTiCET__ ._001 <: ": - - _ - _..a. _._._�..- a-r...� `�,_n:�- 1.� .c u J II� ® ® 11111111/ IIIIIIII� IIIIIII, IIIIIIII, 1111111/ 1111111/ IIIIIIII� 1111111/ IIIIIIIII 1111111/ � I VA &(iALrF RJaA ARTME14T 01--MIFORHIA I IIGHWAY PATROL foJW 10PERATORWRIVER MFORMATION HP 234F,(RFV E1-04)DPI g61 . . . . .... - I yliy flans;P}ease trdr prihY gc�fty. F`onh my5 be flling5 C,ctiirtp al'ely_ • 4Pgµtdw Mwf aPILL iJAMEIFlRST MiOOf 377 1 / ST A ALusEs(USEAOOI r/OVAL LL PAA�E SAR1� rAMPAHY NAnIE JOB TITLE/C IFIOAnbtl 1 - - I F%SR LICENSE NUMREp SYAtE F.V]'I °r 60 � L'EASE v 3 ► 9 o c Nam ' EOICAL CERTIFICATE MEPICALeE TIFICATE E1fPIRAT10ry pA.-!F FT . Nai �.tiryii. � ^__T,��.y. ,'"_ ...v:_3s_�.` , - 5,x1�• f ., 1 YESDINO (UMSEa OF YFARISEXPERIENCE AS A TOW TRACK OPERA7OtVORfVEfI IN•Y -F.GL40N'IN[i eNF dL'�5e9.J ~1 � _ I � � IassA y Class R: II Class G Glass 0, R tOnIdRNER pPEsl:NYLY ENRCLLEO IH OhN PI)4L kC Ep .t;RA Op&Ril R16RN � �� .- 1'6�GQ1L IFI �' I i I i . satt YE& �IIO I YES �ra i VEe E)TLAIN CIRCUMSTANCES. INCLUDE CRIMES GdMM 11,SECTIdNEVIOIA7Ed,GATE OF CG AVICNS; dt( 7, iYAYEA of.ou -PVHdl4h (USEAOUMQ L PAGES IFNECEEWALRRr II ruz V[,e-5 , -D 9 H i5 L5 ` + 2 ;�,PFraX r5 - - k-e b-2 s� ray m6y- Z r I n r� CoV--2 L ' . tertify that the above information is true and correct, and that no omissions have b ed.mage. • The Operator and Driver are advisod that giving false Information to' a pe'oa. o4or,• dither,o filly or in wli�ng, Is. a misdemeanor pursuant to Vehicle Collie Section§20 and 31. �ERAroR•aowl� r RE GATE W DRIVER'S SIGNATURE OATS C) RFCENINs OFFICERS NAME 10 HUMMR GATE FOR GRP U$9 ONLY: FAPPROVED 0 OIWPROVED Itna IndlYidual III net il ,prwldv Pow operaldt.With■wdtion reason forth*Nation land tgchIN pop ,6f11 Y o i to Ihld rUnY. Use Prevloua Eglllona Uh0I PepiOl�jti '� aalmalhp CALIFORNIA ► Certificate of Achievement 1THIS CERTIFIES THAT �1 Daniel Gonzalez f D y , 1 CALIFORNIA EDUCATIONPROGRAM PRESENTED: 6/25/2006 3 CERTIFICATE • F �j II • 009 f 1 � Steve Cardinale, Tralining Dfrector _ . +f' furl V n VrrrR! RIVER RECORD INFORMATION � �� to AV IDENTIFICATION OF DRIVER BASED RWERS LICENSE ED. DATES NO TYPE APP DATE MISC INFO SUBMITTED BY REQUESTER REO.CODE RECORD CAi r mrwa,rrr rru¢rr OR IO CAROR ON INFORMATION SUBMITTED A PUffUC SERYNCE AGENCY 8031390 1 L9492 0425:06 97296 GONZALEZ , DANIEL 31RTHDATE SEk HEIGHT WEIGHT EYES HAIR DMV USE ONLY CL MST 04/25 BILK PUL 151460 M 521 250 BLACK BLACK DRIVER LICENSE 114FORMATION LS ISSUED EXPIRES EXT. RESTRICTIONS COP UC ISSUED BC HELD UM 0829D5 051410 1740 VIOLATION SECTIONCW VIOLATED COURT DISPOSITION DOCKET,CITATION LOCATION OF COURT VEHICLE ITEM OR CONVICTION LOCATION OR ACCIDENT OR STATUTE AIL OR OR ACC DATE DATE OUT-0FSTATE VIOLATICN IS) TYPE 'FOR ALIT FR RLE:UMBER ACCIDENT REPORT NUMBER BE EN BE NONE TO REP RT CYA I NY ACCIDENTS SHONE ADS DO NUT r1 ECESSARI LY INDICATE DRIVER RESPONSIBILITY *NOTIFICATION OF ACTIVITY PER REQUEST SEE 1 SUBJECT ISSUED ID CARD 06/12/00 EXPIRES 05/14/66 REVERSE FOR SR22 PROOF REQUIRED 08/15/05 TERMINATES 08/15/08 BROTHERS TOWING INC II EXPLANATION E SUSAN SICHTA OF CODES I 301 DEL SOL RD PALM SPRINGS CA 92262 MAIL AUTHORITY SE6 IONl61 THRU DATE FIR FILE DEPARTMENT MAIL SERVICE OF ORDER ACTrON DRosa DATE OR OR REASON FOR ACTION DATE OTHER STATE TAKING ACTION TERN TYPE DATE NUMBER REVOKED 012392 010692 13352A5 B O1D692 PRIV REIN i 0829D5 13352 SE'R EDT, §JIGNED DO UMENT ON FILE i i n �JL�F«wIA tiB1T OF CALWMIA HIGHWAY FATPOL IN OPERATORIDRWER INFORMATION 034F(ReV 8-04)aPl 061 IriabUCk s_Please type or print deady. Fam must be MW our owVhfi H. - - - - - - — - — 1A7DRORNER FULL NAME MIRSr•Aran$"Sr) Doll R,Qp� AL-D ASHArl. PILL-5 i -2-5-6, 5 ALIA$EG(USEADORIOW PAGESIPWMSSARIJ PAW W1W Joe Tm.FA.Lti49FlGTKA PRIVE�- LJCOM WAAWR STATE I DQ-MT7OM GAlE M CLAM UMIM WNW 73L) 6-73 � GP -2-5-09 G N010 IC AL CERTIFCA7E YeoIC.LL CERTIFICATE FXPSU "DATE �� ,�°��--•,•ti•.. , ,� ztiw [` of YE+RS E1�7eIE7ME As A TOW TRI=OMATORUWAR IN Dfe FOLLOwV4q CHP CL SSES; ear.c: aw a: ORMFJYER FRPSENILY RMLLED N DMW PI1LL NOTICE MMMW EJI TOWDRN EVO MEW WW)TIFD OFA M&U ❑M [ ❑No _ fJCFtAJ11 C1AMWTWA O.RJM"MWO COWLTW SEGT*NS VIOLATED,DATE OF COWC50MS COLN M.STATEO N C0*M w71FAE CANES WERE 09MMnTEL. AXRXWAL PA EMPhME$SAKi� lR� y~ L)tj 1 Y that the above Information Is true and correct,and that no omissions have been made. IThe Operator and Driver are advised that giving false information to a peace officer, either orally or In writing, is a misdemeanor pursuant to VehIde Code Sections 26 and 31. Torraax+Errs CATS dtlV9[1 SN3NA nATE OPFK=3 MAE DATE DR ew use OHLv: MUPPROVW ... Err. I sn lndlWIW Is r#epp ovW.proV4w low op» s w xdlt,a wriflen ray f, dw ac+lan and atUch■mpy or YI.raaaon 10 this fern. Use Previous Edltlans Untll Depleted ++E �.� (RIVER f3EcoRa fNFORhfATioN aiw��ilm IDENTIFICATION OF DRIVER BASED ORIVERB LICEIISE F O RATES NO O0.iEF12MO . INFO. SUBISITTED RY REpDESTEa REq.CODE R=CORD DATOR IB CARD I: ITYPEAPP ON INFORMATION SUBMITTED A PUBJC SFRVVCE AGBMY A7346732 DRIVER REC . L9492 0810 09191 HILLS , RONALD ASHAEL SIRTHDATE SEX HEIGHT WEIGHT EYES HPJR DMV USE ONLY CL 12M 08/05 BLK PUL 0125G5 M 601 232 BLUE BLOND VOL REp DRIVER LICENSE INFORMATION CLASS ISSUED EKPIRES EXT. RESTRICTIONS DUP LIC.ISSUED LIC. HELD C N-COM 021403 012508 OL! 2143 VIOLATION CONVICTION SECTION 10 VIOLATED COURT DISPOSITION DOCKET,CITATION LOCATION OF COURT VEHICLE ITEM OR DATE LOCATION OR ACC IDEAL OR STATUTE JAIL OR OR LICENSE A6,DATE ODT OF SLATE NOLATIpN{BI TYPE OR AMT FRFILE NUM BE ACCIDENT RE PO PIT HUMBER CYA ABST 081302 0911102 27315D VC 27627RK 33450 INDIC 3XJH196 DMV POINT COUNT 0 ANY ACC IDEHTS SHOWN ABOVE DO ROT NECESSARILY INDICATE DRIVER RESPOB SI B NSV M REST D1 - MUST WEAR CORRECTIVE LENSES WHEN DRIVING. SEE REVERSE FOR BROTHERS TOWING INC II EXPLANATION S SUSAN SICHTA OF CODES 301 DEL SOL RD C PALM SPRINGS CA 92262 MAIL AUTHORITY SECTIONISI THRU DATE SERVICE OF ORDER FIR FILE DEPARTMENTACTION EFF A THE AcrloN ORDER par TA OR REASON FOR ACTION DATE OTHER STATE TAKING ACTION TERM TYPE DATE Nl1 hiBER NONE TO R PORT , f ' J I I � OF CALWOMiA WTUWT OF G L FOWIA HIGHWAY PATPJX OPERATORIDRIVER INFORF A71ON �234F(REV 604)OPI M Inrcuc&m:Pwaee type or print dearly. Forth fort be MW out omVIalWy. MATORIORN.x FLIT RAW(MMT.AROOM L&'Zn DOSm ICl- AEA, �F-� Nv�o � ►z- i `► �7 ALIASES(UM ADVM0 L1L PACES IF WCESWA 7 rwtE xe m IGAivo .i�p,) V� WR Lrcum ralldeER STATE EmsUT10N DATE 110615E BASS r3✓OCIRSB,EYrfS to jzo SS C A C )1GhL C&KnnCATE MEDP. CERTWf ATE E?PMrO0N IHTE � �• • ��";; i- RE FFA. YEMS E P+MENCE AS A TOW TRLM OPEOTORMN"N THE FOU.OWwG Clf C1.J�SW% A. rj ci...a: cl.0 C: ct...D- _ SUTuwDw.ETI PREe@riLr t3no11131 IN❑rrJ Pull NOTICE PROdPA1R t]PEIIATOriloPlVO! BEEN carnm77Eo of A CRaa:T �NO E]YL, e EXPVJn CRCWSTANM. atCLIAE CKBW3 COYAn O.stCT1Orla VIOLATEII,GATE CF CONwCT10N$.COLNM STATE,AW M*fIY WHCi6 GRIMES W'E E 0DWrM. PAGES 1F AECESSM('IJ rn 1 No>e �i cKs -rs that the above Information is true and cofrect. and that no omissions have been made. Operator and Driver are advised that giving false information to a peace officer, either orally or In writing, is a isciemeanor pursuant to Vehkle Code Sections 20 and 31. JUTGRTANME l'r DATE M DATE � sue ° n NUMavr Dk-W R GiP ME cwy; Vrl kxd Adual Ia not approved,providw tow Wemkw With a vel0ert mum for t1a acdw and wdach a 0Vy of am ressm W this form. ' U"Provipra Editans Untl Do~ rrsrowt. � � RIVER RECORD INFATESNO ION IANOWN IDENTIFICATION OF DRIVER BASED �RLVERS LICENSE FO RATES NO I TYPE APP DATE :.415C HIED SU 9A11ttED BY REOU=STER REp.COD= RE.CORU DAT rm^nn.r a+�rtn rmo�e+ OR ID CARDu 1 a rveuc sENVICE acerrcr ON INFORMATION SUBMITTED 16842084 L9492 04-250 97298 HUTTON , MICHAEL LEE EIRTHDATE SEX NELGHT WEIGHT EYES HAIR DMV USE ONLY CL MST 04/25 BILK PUL 121777 M d➢ 1 290 BROWN BROWN DRIVER LICENSE INFORMATION CLASS ISSUED E%FIRES EXT RESTRICTIONS DUP LIC ISSUED LLC HEM C 4-COM 01�aD 121709 RB2 174➢ VIOLATION CONVICTION SECTIONISI MOLATED COURT DISPOSITION DOCKET,CITATION LOCATION OF CO URT VERICL- ITEM OR DATE LOCATION OR ACCIDENT OR STATUTE JAIL OR OR UCEfS- ACC DATE OUT-OF-STATE VIOIATION(S) TYPE OR ART. FR FILE NUMBER ACCDENT REPORT NUMBER CYA ASST 0710,04 1110.04 23112A VC 067334 33450 1N➢IO 6T21174 DMV POINT COUNT 0 k ACC 091504 CATHEDRAL CIT 33251002101 7B55301 NY ACCIDENTS SH OWN ABOVE CO NOT NECESSARILY IN DLCATE DAIVE'R RES PON 51 R[LITY *NOTIFICATION OF ACTIVITY PER REQUEST SEE n • REVERSE FOR BROTHERS TOWING INC II EXPLANATION SUSAN SICHTA OF CODES 301 DEL SOL RD PALM SPRINGS CA 92262 . DEPARTMENT NAIL AUTHORITY SECTIONIS) THRU DATE DATACTIONFR FILEEFFECTIVE SERVICE OF ORDER ACTION E oRoex OR DR REASON FOR ACTION TY?E DATE ACTION GATE OTHER STATE TAKING ACTION TERM NUMBER NONE TO REPORT; , , n I � _ o v O S7ATEOF GtLIFONJl1 - .. .._.. _ Ff AMW6NTOFQMJF) WANIOItWAYPATROL W OPERATORIDRIVER INFORMATION CHO 234F(REV 8.04)OPI 061 InshuctloIm:Please type or print decry. Form must be SW out mrq iably. Est J-0 mF V ALLNIASESaWAnnmo`m PA6Esrwc>:smw11 .— Ra1/ tour LICENSE NMI ER STATE TMN DATE tr� 3/ 7 CA, A4a- og (f osA)G 09TWIC TE 16112DICA1 CB{TIFMl.TE TI()11 PATE ,,j r� ' y - - ,•. rA:CFYEARa E)POMICE ABA TOW TTex]COMAATORA]IWet INim T FpyOWNp CW CLASSES: —� _ CWs e: Ck"c: CWs D: IMATORMMER PNEMMY ENPX LLM N DW mA L NOTICE pnpORAM7 OPEItATORrORMM EYM MEN CONK mW OF A CRMF? vE3 nNO YES C]NO W?LAtlt CRICIAWANLES. OKUDIF CRAE3 COFMTTED SECTIONS VIOLATED,PATE OF cw4icTioNs.ammTRY,BTATE,AN)oxwrymioE c d MERE Q7YfrTE, , PAGES IFACWSSWr foI - 'Possession 1h L .A . C'oun-�Y f5 -(36 _ 91 .0- f. fv �9 Ih1vE12s,D( corny 1 1 that the above information is true and owmt,and that no omissions have been made I. ■.1he Operator and Driver are advised that giving false information to a peace officer, either orally or in Writing, is a Isci meanor pursuant to Vehicle Code Sections 20 and 31. DATE � RITE 01 F 5 NAME V ID IIIAIeEA DATE uae oriv: ' pROYEO []olsArPrTovEn - � e rK•-,� - LUM Is not epprowd,"Wdo IOw oporafor,AAth a wdI n me for the actm and euach•copy of M m een 4lhla form. Use 10m sous EdlYons Untll Deplatad G}MAIAp 1 1 - ExnirffiIen Certlncal�A Mo Yr. AUTOMOBILE CLUB Or SOUTHERN CALIFORNIA - Certificate of Completion Indapondent Contract Station _ driver On nlatioq �y L Nar C _IC`t ,�Tgloyed by Ind pendent Contra�t,\$tatlon e»a ro-ez Instructor Signlluro 1 , nmruii�rni _ LIU I/ FE, )RIVER RECORD INFORMATION jwr IDENTIFICATION OF DRIVER BASED DRIVERS LICENSE FD. SATES NO TY PE APP. DATE MISC.INTO.SUBMITTED BYREQUESTER RED.CODE RECORD DAT KMNIO M Mrw'WrIll OR IO CARD rY A PUB LIC SERYICE AGFJ?CY ON INFORMATION SUBMITTED C1431781 L9492 0822l0 57889 LOPEZ# ERNEST JOHN BIRTHRATE SE% HEIGHT WEWHT EYES HAIR DMV USE ONLY CL 540 08/22 BLK 100 05 1265 M 510 17B BROWN BROWN j DRIVER LICENSE INFORMATION CLASS ISSUED E%PIREB EkT. RESTRICTIONS OUP LIC ISSUED LIC HELD C N-COM 12R603 051208 j 1801 VEOIATION CONVICTION SECTIONISI VIOLATED COURT DISPOSITION DOCKET.CITATION LOCATION OF COURT VEHICLE ITEIA OR DATE LOCATION OR ACCIDENT OR STATUTE JAIL OR OR LICENSE ACC.DATE OUT OFSTATE VIOLATIONIS] TYPE OR AMi FIR RLE NUM DER ACCIDENT REPORT NUMBER LYA *ACC 0410605 PALM SPRINGS 33110900690 6Z67612 i I ACCIDENTS SHOWN ABOVE DO NOT NECES SAMLY INDICATE DRIVER RESPONSIBILITY *NOTIFICATION OF ACTIVITY PER REQUESTSSE M�NY SUBJECT ISSUED ID CARD 06/26/02 EXPIRES 05/12/08 REVERSE FOR I bN'U i Flt!KJ I UW LNO 11NL. 11 CAI-u 11v .inn S ID CARD REISSUED 06/07/02 SUSAN SICHTA OF CODES 301 DEL SOL RD C PALM SPRINGS CA 92262 MAIL AUTHORITY SECTIOWS) THRU DATE DEPARTMENT ORDER EFFECTIVE OR OR SERVICE OF ORDER FIR FILE POTION GATE REASON FOR ACTION TYPE DATE NUMBER DATE OTHER STATE TA%ING ACTION TERM NONE TO R POPT; I o OFG OW"MKWWAY MTMOL OPERATORWRIVER INFORMATION P"4F(REV")OPI 061 kwhm iar;Me"lypr ar print dw fy. Fenn hurt W SW Out caipwl.F/, Tnwa fflVW f A HkW P Wr,,ANX41!"LASH OOr AL to N -Dou s m(USEAOIXflCNAl PAQMT Dow19 mc.EFqchkR,,i IFWK,m forT LIC1Aw41e Md S 'F w N M ANA PilK.Br�MUr6t STATE e7vwA'IGMw1t LCOWCrAw fWoltl rtE y ZO Q C caTi�cAtt UUMMCW"WI`ATEF] MTXWOATF . ,•-� is Llw . OFYYW E P'U B92AS A TOW TAUM OFPrATO1 MAR W THE FOtI.OWrrO CW CLABM: 13 y R$ om a cb c: cr+o: moftbwot FFoomv ENno Are Sr Dw K L MOTILE M.ouhM1T I �_�T0fflXWEA EYR Wr DWACM OFA CFAW 0 [j NO ❑MO GMEiEYAMM. N WFUVWUOOMWrrm S@-Mom YNIATU%LATE of cm&vnod&oourW STATE.AND COWRYMTGM Co11rrCS MOO COPUTTM FACES i`flC7=ESNT11 tool - '�uz that the above InfarmeHon is true end cwoct, end ftt no omissions hevo boon made. rho Operator and Driver we advised That pMV false Inl miation to a peace oMoor, &Riser orWy or in wrbV, Is ■ pursuant to Vd"o Coda Sections 20 and 31. roKylo w"m LATE s7- _3 wpm .IOM, � LATE oFFcnea MuaE n IAA+@r DATE r mk.pprwr7,pre�YF.H.r ep.r.Lx wiM+•MrM1.�rwwrt Rx MN rcrorl rrd•tladl.rapt'd M I...on b Eir lorrn- V"Pmiw.EcRVw URS Mpl.rd ti M 1k o C6 I-V CZ) N 8 p Automobile Club of ®� Southern California CERTIFICATE OF COMPLETION CARD OP TING PRO E IJR IQ DUTY Nama C Cartlflcatlon No. E p /Yr. Icssk na ructar's Signature � � ¢�eiea � }.�.w_\k I lem�. ..f•"s t' .s��r4 �,�.�� rc �. �.'fpe a uum� x{�i s��: c,�ne"►p�O:ifi�'�. ,. �,� s. S=e!�4 a z 1;�� -.ram. �-�:i. i7■a'2/j 0 � ieril+�°` yy s�cr s � ! �°aiw ! r ..S m-i �•!•`�� i•tii�,�I% —�`•1 will `_� ,lfill Mill 1`�•. `w ` 1t`5}`! CALIFORNIA • TRUCK ASSOCIATION THIS CERTIFIES THAT ll�ill 11 Certificate of Achievement Ir . � .r is:_: IIR' Shawn ! r HAS SUCCESSFULLY COMPLETED COURSE HEAVY �1 'ally ISSUED BY CALI FORNIA, TOW TRUCK ASSOCIATION hp'r J°� 3a if ri. EDUCATION PROGRAM PRESENTED: 1/15/2006 ►I �Sr'r ry film'!siSteve Cardinale, Training Director ...1� '� �J �a.u`^'.'IVE� f '.: .v.M Q5"u:u�:i•`"�w��'::�'� �:�u jm�1' u�+r0 'aGTin"u7C/�'.r/�,•:�c� as i �S' �„� ' .r �•,, s-.. S � � ar il.V \aeomr •S'��w�Tir\ry':"�nlien"r�•'.alil.y."i.r�'..��w�ao'mnii�•/ �T\w. im+n� ,n/ v s. S �:eFa/ i- ''u w (/nr y� �\+,•a imp i� �":r .�'� J �i• cr /{.v�^`f�sincuiL' Sal �Ti,A •�t �/f/ .✓� e ice` `' 'e. 4t..Aru.- '�w.'.F. R��..:�`I�^:✓ aoci i � r ��o�:'rI°' `YRS$✓. i � •' ��'� i��'�A��i�/ �_ _ I_ '� d�I�y,' �°�'��:"'y��'%�'r��'!.!��raS'i��r�� 'rC_ eST TEpFC}wxilI/xA OEPARTMENTOF GALIFORNIA HIGHWAY PATROL TOW OPERATORA]RIVER INFORMATION WW 234E(RW 8-04)OPI W1 INatI ams:Flaass tm ar print dowdy. Farm must toMpMIIA f41sd,q}IL ODI ldy. 1011ltWJER FOIL NAME(FIRSr:MO 4ASn 1 we, -I it _ __4r (i •r,•�i - �AIlN.vbEiNN�iPwGEsrtASsARn ••-•��'^�^-__-�.�._� CDMPAMYHA4E -'-•�-'�••-"�-' ��__.____ JOY TIR S1FIOATIOM� TT -- .-4 --�-'-•� rzo 's TcJ ro I a t- LICENSE NI/M9ER 4W STATE Ll�E 01.4W EHOOREZZ& V (ITIF TE EfPI TMErATEOF YEAM EXPERIENCE AS A TOW TRUCK OPWRTOW13RIVER M TWIFOUOWIH.EHP.� - - j'Jr-•�_�I_'.=i•.:.... - _ G.,Y:C. A: r y Clan 0: CIYSF C: CwF 4 TOMJ PAMEICRYENROLLED Ml CYAV ULL•II CE PFi0GRA11 6PBtATORIoaIVP1 i'ibl ViCT6100,A.CRW4 ._ YES �NO I �"Yq pTLAafCaICUMgrANCU. MCYILIIOE CRXAEE comity m.�11 17 VIOLATEb,BATE OF CON*T*W. nr OO�I ,WA7pi1 6O * .1YE).iE YwRe . ((IS1:Amllgyy,rA6ES IFNECfSSAR . ltify that the above information Is true and correct, and that no omissions have bdon ma Qe. The Operator and Driver are advised that giving false information to a pWd of leer, ofther orally or in wrilling, is a misdemeanor pursuant to Vehicle Gode Sections 20 and 31, Tpe59>+'HEfC3 tlRE •_ -- OAYE __•� •- �V IXi1VFA'S S�wN"Tt1RE 7 1�•- --.�_ ._.�,�- ��•_- GATE `';'~ O i U NAME 0 l/ f• _ i? - �.., • 0 J•'_. . i0 HUNGER DATE )R CHIP USE ONLY: - 0 DISAPPMIVEO in Individual H nolip ff provide low opqntor With a YYdMn raasan far RIa aadon and a"•cqp oNtl}r r N n b 0Ya ro n. • '� ••�" `j-•„.�.�). Us&ProvIOIM Edlkns Unlit Dopl/t{,(i r,],7ua01'aP .��. i ORNER RECORD INFORMATIDH O 12YE115 LlCEHSF FO. L TES NO. TYPE MP. DATE kISC,INR] 3JpSST1Ep N R: 1 aA,p cAnoR -vussTEl: REQ.000E wEcoAa cA,s +F«nFmrm Rnr IDENTIFICATION OF DRIVER BASED: A94B2009 A PUBLIC SCIIAaFHC, ON INFORMATION SUBMITTED i 1 ? Mn nor„�„ REC jJ4016 �03•I7l0 13425 { HDJICA, J➢SE LUIS a �M�RpATE 5�% .1:E[OYi NEONT F!__ IDMV USE ONLY145 BROWN SK CL 12M 03/I7 BLK PUL R p DRIVER LICENSE INFORMATION CiASS n`+�Ea SNRIRES ENT, RESTR:Tk]k5 (' 15 a-UC Isswo us HEIR N-TOM 063k0 050605 RB2 i j 1 2142 ITEM _OR ` CONVICIH]N SlCT.."1vY*ATM COURT DISPd51TIdN ACC.LNTE I y;Tf LO-g -STOF PL,LATrOr R S-.ATVTE 1� KM7,GTAT" LOCAT30H OF COUAT VEHMLE ollT•Of.STATE VfOlATfOR(6} TYRE .opt I 01 OR LICEASE NONE Tp REP R7, j 0 MT EA FILE NvfI 11 4YA AtG1pEHT REaOR7 WMYER J I � _ r , , )III i C i; a I: FY ACCRJFYf6 SJigY,y A60YE Cep YOi Me'CESSVI[�Y 1NpGTz pI1lYER AESPpgSIpAITy •. . :.. •. .. .. '::' ..�•. "T " .'.;';. �! Q e SEE ` BROTHERS TOWING OF INDI➢ RFJERSE FOR i LIONEL ZELEDDN JR EXPLANA71DU 482DO HARISON ST OFConES CUACHELLA CA 922S6 OERAA7gEIT ITAIL A11iHOgRY SECTIOH;S! ' HCTWN 011]Elt EFFFGTNE O, 'WlV GATE SERVICE OF QROER .TATE .Y.TE or R2R STATE TA%vr AM.,, T RM REASON FOR ACTION FR FILE NONE TO R PORT, Arai I o w W 5'M`nrGF YM OrtArw,rr w-mr Mr Am"AY PATgtx TOW PPERATORNR"FUNf AMATION 21P4 i!FjRLWM•01)t . 061 ' rM�aMY�S:rMMl Gr rrll+l�tMrh.'F PatsFGe - e. � • prntA to LWARW A SQ N Fg AI .1 S u6f.K u+rn ,KaM•ruattAcwrrolw.n.aasvr+ece n - • 1 rVC4ASN'.IGH qm /TATG 'L �I '•aC ' �a01CALC61Sla'IOA+y ME[d014�TYICA'RC2AlTAfI bATLr '• �L•Gi '•:T:�i::�r�r; •.'s:�n' N o" QP�11Rr1[Z A♦fATpw 7A{A,7{01�1A70111 rtoll.7Mltl �•" w cwm0. ra+.►o r�.ti. tMnittr>FtiwLy M Cc �vea.ExUurcaaalxarArrcta. ard�ar.amrhrr�iwr bra;wirc:vK �Y-" _ red. ,.: ri�st•� �tf/7y ry p� I}dlN � I �l ' 1155� �oc7o1 ►'oss ;Dr4 of of�tyj fro Jh ' : posy ;ON 04 Pr'w J I�vSSrble % /� ;sr • ss�,�t'�.DY�� caLr' � a� U 'J , 17Nrd CArr;r4_1 A cofuccL*-oC WerAro'v i ot00U ' li ' T (yr"r a419 �, rh;s' TS All T GA+r I�c.nnc��r� �� 7�e hcodf Ihat the adove Im n.fion is true and cared,and that no amibiwia hi}iif ffi m ti`` a Tha CivlTalur and Omar are adYfc9d Vel gWkrp fates lnfarmafbn to o F±a atrerr i1R.+oi#�r or In 4fln0, fso, a misdemeanor Pursuanl fo Vehick Conk lection6 20 and 31. 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MAY 03,2906 09:44A 7603239533 page Y L e6ud t+9 MC09L V0:01 900Z'90 7.VK f111[Y[ILHY[II iRIVER RECORD INFORMATION DRIVERS LICENSE F.O BATES NO TYPE APP ONE MIGC INFO SUDMITSED BY REQUESTER =CODERECORD rnlrualr+rrIDENTIFICATION OF DRIVER BASED OR 1D CA.RO N A PUL UC SERYICE AGENCY ON INFORMATION SUBMITTED 43722750 97302 MURER , JASON FRANCIS :0625�1 OATE SEX HEIGHT WEIGHT EYES HAIR DMV USE ONLY CL MST 04/25 BLK PUL M 600 250 BROWN BROWN DRIVER LICENSE INFORMATION CUSS ISSUED EXPIRES E%T RESTq{LTIONS pUP LIC.ISSUED LIC HELD C N-COM 021505 062509 1 1740 '--, unv¢, un SETSIONISI ViOFATEp COURT DISPOSITION DOCKET,CITATiDH LOCATION OF COURT VEHICLE ITEM OR DATE LOCATION OR ACCIDENT OR STATVTE JAIL �n ACC DATE O11LOF STATE VIOLATIOR(S] TYPE OR ANT FR FILE RU ASEF ACCIDENT REPORT NUMBER CVA *ABST 04.1500 09.25DD 17 0/S UT DMV POINT COUNT 2 ACC 01:0306 PALM ➢ESERT 06 Ol 21996 7L14667 ' I Y ACCIDENTSSHOWN ABOVE DO NOT NECESSARILY INDICATE DRIVER RESFGNSI9RITY *NOTIFICATION OF ACTIVITY PER REQUEST M SUBJECT ISSUE❑ ID CARD 03/13/00 EXPIRES 06/25/05 SEE REVERSE FOR BROTHERS TOWING INC II EXPLANATION S SUSAN SICHTA OFCOOES C 301 DEL SOL RD PALM SPRINGS CA 92262 DEPARTMENT EFFECTIVE MAIL AUTHORITY SEC71ONjSl THRN DATE SERVICE OF ORDER FIR FILE ACTION ORDER DATE DR R REASON FOR ACTION DATE OTHER STATE TAKING ACTION TERM TYPE GATE NUMBER SUSPENDED 02b6D3 0308b3 13365 FAILURE TO APPEAR NOTICE M 02U305 VER AL', NDT CE OPC MENT ON FILE ACTH TERM I 021005 13365 ' I � � 0 LOF CALFCRNIA DEPARTMENT OF CALIFORNIA HIGHWAY PATROL ItOVY 9PERATORORIVER INFORMATION HP 234F(REV 8-04)DPI 061 Iristnfdions;P.lea;e'tm�Re dr priliC GeaRy. on"mushdeiilled` d(x mp 0 0y, I PEFAOWNI'ER�FUULLL NAME FRRST MfDDI--.LA / ! / DOB LIST ALL ALIA^•es fUSE Af]O1noN4L PAGES 1F NECF$SAR`7 ' B • COMPANYNAME JOB TRLE'CLA VICATIQN u 1 I 1 Ru C S how I N mac �7(2 ►,V �RNER .FNSE NUMBER STATE L -.SEC, SI ENnr7f};�I.Igrl'S'• I MEDICAL CE IFIGTE FA N '..:-.;:'_d ter,=- el.^s-r �'F'' " '4�cj�t•) '-�'i� .,. .IC"=�'�'." �: YES HO - -��'��:=.r�.: ._ •_...•f..—:. ..Iy 7.� �•- N��_=.w.N-_'= J'��--f'"' I UMBER OF YEARS EXPERIENCE ASA TOW TRUCK OPERATOPIDRNeR INTr EFOUPWINC}CNP'CL'A.SSEG: J - lass A Glens B: Glass C; Glass O: t P TORfDRNER PRESENTLY ENROLLED IN CMV POLL NO DE PROGRAM I GPE aRJ4Rn+5R4 ?' i�91t "IQCRVIE? YES ❑NO IJJF''YES.EXPLAINCIRCNMCTANCES. INCLl10E CRIMES COMM ...O;SFLTIONJVOLATED'DATE OF CON'AttbN$,✓='d11NT��• ;� � Out+ tVh112RE•. rYs,_' •£y,NIl1 - ) -'I (vSEAOWrlONAL PAGES lF Nt:CESSAR/7 �r•�•- � I , � I bcertify that the above information is true and correot, and that no omissions have b4ei:ma6e. ' • The Operator and Driver are 2dVIW that giving false information to a .poi r- of 80r: Other'ot,4lly or•in.whO.ng, is.a misdemeanor pursuant to Vehicle Coke Sections 20 and 31. 'COSRATOR• OWNERS RE ' bAT>E ' ;—TO w DRIYER' SIGNATURE ' PATE Ala/� € GOFFIOER'S NAME 10 NUMBER Tr ! FOR CHIP USE ONLY- ❑APPROVED 0 DISAPPROVED ItI�R IRAlvirfuRl IR Rtmtx y®�;pr®vlde law operator with a written reason for the lotion'and�ttpph;2-cop ="a eon fb this Term. '_"�= N 9"a�+_:.I;(;c ;tit';�• ,rj., Use PrevlDua Editions Until�eplat(1 -�� Expiration t_I [ cedificatc if 11. f i cl-1 Mo Yr. AUTOMOBILE CLUB or SbUTHERN CAL rORNIA Certificate of Completion Independent Contract Station Driver Orientation o� c F�n�loked 6y Indcpandcnl Gonrrac[Stavoi . Instructor ons joss2 InStrutlof ignata ` EOP CALIFORNIA -PARTMCWr OF CALIFORNIA HIGHWAY PATROL `iVV OPERATOWDRIVERINFORMATION '234F(REV 8-04)OPI 061 Instructions[Please type or pHnL dearly. Form must be filled out completely. IRATO NER FULL NAME IRST,MIDDLLEE,LASiJ DOS i ALL A ., (USE A ITICNAL PAGES IF NECESSARY) r :QMPANY NAME JOB TITLE/CLASSIFICATION cL)w Zf 1] 1 V El LICENSE NLI eER STATE EXPIRATION OATS LICENSE CLASS ENDORSEMENTS !CAL CERTIFICATE MEDICJL CERTIFICATE EXPIRATION DATE " v`'"I' U�'"'1'°^' it II" ' PI.1rp y p� 'IYIIT`<I'd')I N-,t(� ,� �J" ! "i:ual9„pII'"11!�''�I'I IL;4i'Ir'lllh�l�,I',I�IC'�li.=f��1H,1?J �uir)i i y',41II i I� tip' rr�I d `h J IrG � j��p � � I YES ©NO K FA il�7=b' �-�i��qi: n.. 1 .iti i I;I'lf�i ,�rius,in. ,VC41> fuwuuI�, IiilfJlf� ,m i'�r,U :�n1"r� .IG,`4:� 611�L:Ni161.P91.Iv) MEER OF YEARS EXPERIENCE As A TOW TRUCK OP6RATOWDRNER IN THE FOLLOWING GNP CLASSES: Class A n Class B; clam C: CIPM D PATOR/ORNER PREsFNTLY ENROLLED IN DMV PULL NOTIE PROGR+MT DPE TORVRNER EVER BEEN CONMCTED OF A CRIME? E ? YES NO YES 11 NO III YES EXPLAIN CIRCUMSTANGEs. INCLUDE CRIMES coMMRTE6 SECTIONS VIOLATED DATE OK CONVICTIONS WUNTRY,STATE.AND COUNTY WHERE CRIMES{M1ERECDMMn-(HD. (LISCAQ01170 J.PAGES IF NECESSARY) 11)/,3j e-nACC /jo f' Pa S Sic; r-1 ! 3 F `7 Ca-8 1 V j .fib u s e- aCo �-4 O�CL-{s (!!- c, ZasC I certify that the above information is true and correct, and that no omissions have been made- 9 The Operator and Driver are advised that giving false information to a peace officer, either orally or in writing, is a misdemeanor pursuant to Vehicle Code Sections 20 and 31, *SIOM11�5'�."GTURE GATE Cz DATE ID HUMOER DATE FOR CNP USE ONLY- _ ❑APPROVED DISAPPROVED ~ w If an IndlvldUal IS not approved,provide taw operator with a written reason for the action and attach a copy of Hie reason to Ill form. Use Previous Editions Until Depleted aUfW4* �fATE OF CALIFORNIA ---^—^-- DEPARTMENT OF GAUFORNIA HIGHWAY PATROL TOW OPERATORIDRIVER INFORMATION ®:HP 234F(REV 8-04)OPI 061 Instructions;Please type or print deafly. Form must be filled out con Ipletely, PERATOWDRNERR FULL `NAME(FIRST.MIDDLE,LIST) ` �T•r^r DOE X, �{ �- d W MI ALL ALIASES IUSEADDIT/OVAL PAGES IF NECESSARY) 8 COMPAN NAME JOB TITLUCLASSIPICATION c2 T aW 11 y < L D-k—T V . RIVER LICENSE NUMBER STATE EXPIRATION DATE LICENSE CUSS ENDORSEMENTS 3 MEDICAL CERTIFIGAT MEDICAL CERTIFICATE EXPIRATIONDATE urm:,11'I,�)iir',i��,^;I�l ,;�"'r� II;I�aCi'I,/T�,{�yT,I� ii �WI�{,ryryj�iY7alI!If III�i��r��H' °�'T�,'��IIIIq'1tl li'I':I;�;�:illiu'.1u��„",I'`i�iTi YES NO �'I' .�iJiilJl;il;�nll';r,01 � ri.� �d;II;Vatrulfl}vow4u¢L�rliil;6Yri;i LllliduroVi 6`'f'laa d!��h:�: �'�.7,Ill I��I ";f� R_'I_i�i�tli��"IIihI,dFl 9•;:-"r.�_9i�'yiiW' �I i�,a 4UMBaR OF YEARS EXPERIENCE AS A TOW TRUCK OPERATORARNER IN THE FOLLOWING CHP CUSSES: Class A Olau e: Clots C—C24=— Close D• U-PERA70RIORNERP SENTLY ENROLLED IN DAIV PULL NOTICE PROGRAM? PPERATORIDRIVEft BEEN CI INVICTED OF A CRIME? YES NO Yes Eff NO IF YES,EXPLAIN CIRCUMSTANCES INCLUDE CRIMES COMMITTED SECTIONS VIOLATED.DATE OF CONVICTIONS COUNTRY STAIR•AND COUNTY WHERE CRIMES WERE COMMrrtED (USEAODITIONAL PAGES IF NECESSARY) I certify that the above information is true and correct, and that no omissions have beer I made. a The Operator and Driver are advised that giving false information to a peat: officer, either orally or in writing, is a misdemeanor pursuant to Vehicle Code Sections 20 and 31. OPERATOR' ERS SIGNATURE Af� DATE 3 6 ' TOW OR S SIGNATURE DATE 10- 31 ' RECEm GOFFIODRS NAM[ IP NUMBEk DATE ' FOR CHP USE ONLY: APPROVED Ej DISAPPROVED If an Individual Is not approved,provide tow operator with a written reason for thin action and attach a cop; of the reason to this form. Use Previous Editions Until Depleted asuewr Aggressive Driving is Dangerous • Keep your own stress low — eat right, _ exercise and get plenty of rest. • Try to stay calm when driving — avoid stress , adjust your seat, use temperature controls to stay comfortable . • Other driver's carelessness is not personally directed at you — try to let them go and don't get upset. "An average at r 1 • men , women, andchildrenare injured or killed each year ` United States as r result "aggressive driving." ` AAA Foundation for TrafficSafety Copyright 2006 Safe lyFirs[Sys lems, LLC B B Ten-Minute Training Topic Aggressive Driving Statistics "An average of at least 1,500 men, women, and children are injured or killed each year in the United States as a result of"aggressive driving."—AAA Foundation for Traffic Safety "The New York State Police define an Aggressive Driver as one who: Operates a motor vehicle in a selfish, bold or pushy manner, without regard for the rights or safety of the other users of the streets and highways." — NYS Department of Motor Vehicles, Governor's Traffic Safety Committee "Aggressive drivers place us all at risk each and every day. With little concern for other drivers on the road, aggressive drivers disregard the basic traffic safety rules which protect us all."— Governor's Office of Highway Safety, Arizona Introduction What is "aggressive driving"? Is it just another name for"road rage"? Most traffic safety experts have been trying to separate these two concepts for many reasons. Basically, road rage occurs when the vehicle is used as a weapon, or the driver physically assaults another driver. This is a criminal activity and could lead to an arrest for assault or worse_ Aggressive driving is a term commonly applied when drivers are observed operating their vehicle "in a bold or unsafe manner' (Governor's Office of Highway Safety— Arizona). Aggressive driving happens when a driver allows their anger, frustration, or other emotions to control how they drive— usually by taking risks or by pushing other drivers (weaving in traffic, tailgating, etc.) Where Does This Behavior Come From? People's lives have been getting more complicated and rushed. This stress and fast pace leads many drivers to seek refuge and release by driving their cars/trucks (driving can give them a sense of control in their lives). Unfortunately, when drivers are behind schedule, stuck in heavy traffic or dealing with lane closures (merge zones), their frustration comes right back. Often, this frustration may push their driving habits to the extreme. Some examples of"aggressive driving": • Swerving in and out of lanes with no turn signals • Speeding along at more than 10 MPH greater than posted limits • Running red lights and "blowing past" stop signs ' Almost every driver has the potential to drive "aggressively" under their own "worst conditions" (stress, fatigue, emotional problems, etc.), but a professional driver has a responsibility to guard against letting emotions do the driving. How Can Drivers Protect Themselves? Some of the best advice is simply to live life well--eat right, get adequate sleep, exercise and find ways to keep calm when your situation is stressful. Allow plenty of time for your route; expect traffic and delays or detours when driving in urban areas. Copyright 20CE SafetyFirst Systems, LLC B B Assume that other driver's mistakes are not"personal" in nature (they are not trying to irritate or delay you; they are just thoughtless or making simple mistakes). As much as is possible, adjust your comfort in your vehicle: • If it is hot outside, use air conditioning to keep cool • If you are permitted to listen to music, select something that allows you to focus on the road and feel good. "Talk radio" may be fun to listen to, but the programs are often designed to get listeners upset or"outraged" though overt political, religious or scandalous themes. This type of programming may increase your stress or prove a distraction while driving. • Adjust your seat position and mirrors to reduce stress and discomfort before leaving on a trip. B • Avoid having to deal with the stress of a mechanical breakdown. A complete pre-trip inspection can spot potential mechanical problems that can be easily dealt with at the terminal rather than on the side of the highway (leading to not only stress, but potential danger from other motorists drifting off of the highway into the shoulder, etc.) Set the example of proper driving technique— use your signals early, leave extra room when passing, merge courteously and allow others to get ahead of you instead of forcing them oft the road. Don't tailgate other vehicles, or at the other extreme, "block the lane"— allow others to pass you if they are in a hurry. If you encounter another aggressive driver, stay calm and keep your distance. Let them go —there is no need to try to intervene personally. If you think that their driving is so risky that someone may get hurt call the police when safe to do so (i.e. from a safe parking area, rest stop, etc.) Remember to always wear your seat belt. It will hold you in your seat and behind the wheel in case you need to make an abrupt driving maneuver and it will protect you in a crash. Some other tips on dealing with aggressive drivers -avoid eye contact; ignore gestures and refuse to return them. What Else Is Being Done To Deal With Aggressive Driving? Many states have trained their police and highway safety officers to watch for risky, dangerous aggressive driving. Additionally, "unmarked" or"slick top" patrol cars are used to blend in with traffic so that aggressive drivers will not mask their behavior, and can be pulled over to receive citations for improper passing, etc. Summary Aggressive driving continues to be a troubling issue for all drivers— on and off the job. Plan your trip with adequate time so that you don't need to rush. Get plenty of rest, good food and exercise. WEAR YOUR SEAT BELT. Protect yourself by staying calm and out of the way of aggressors. Simply call the police and report the behavior if you ' are worried about other driver's aggressiveness. 1 Copyright 2005 SafetyPirst Systems, LLC a Ten-Minute Training Topics Manager's Supplement -- Aggressive Driving Introduction We provide a"Manager's Supplement"for Ten-Minute Training Topics that: 1. are likely to promote discussion, B 2. may invite controversy, or 3. are critical to assuring safety within fleet operations. This topic, "Aggressive Driving", fits these criteria; therefore, we want to provide you with p additional details that either: u1. could not easily fit into the space normally allowed for atypical Ten-Minute Training Topic, or p2. would best be delivered to managers who can decide how they will introduce the material through company policies or practices. Review of Your Company Policies We encourage managers to review company policies that relate to the Ten-Minute Training Topic in advance of its distribution to drivers. This provides an opportunity to make any needed enhancements, prepare for anticipated questions and check to make sure that your policy and the Ten-Minute Training Topic are in agreement. (If they are not in agreement, point that out to your employees—your company policy always comes before any SafetyFirst training materials.) While many companies have developed "policies" or guidelines concerning how drivers should deal with various aspects of driving, others may not have a formal process in place. • Are your drivers aware of your expectations regarding obeying traffic laws? • Are there any specific instructions you want them to follow in dealing with aggressive drivers that they may encounter while driving? • Has your company had to deal with crashes caused by aggressive driving? It is easy to assume that commercial drivers will drive professionally under the most difficult circumstances, but we are all subject to frustration and anger from time to time. Unfortunately, crashes happen when we let our emotions take control of our judgment and driving. While the vast majority of aggressive drivers may be young and inexperienced, most studies show that aggressive driving is not limited to any particular age group. Your drivers need to be aware that the aggressiveness of"other motorists" may lead to a crash that is not their fault, but may have been preventable. Regardless of cause, contributing factors or preventability, a crash is still bad news for everyone involved—there may be injuries and the company vehicle may be placed out of service. While SafetyFirst doesn't pretend or presume to have all the answers to each situation that may be unique to your area or business, we feel that this information might help your drivers avoid some of the most commonly encountered situations that they may come across during the day- to-day of their driving duties. States Are Getting Tough On Aggressive Driving Many states are targeting aggressive driving as a key issue for traffic law enforcement. Some have special programs that focus on key holidays when there is greater traffic congestion and rushing to get to distant destinations. Others have dedicated patrol units in unmarked cars that will look for dangerous behavior at all times on heavily traveled highways. ' CopyngN 2006 SafetyFirst Systems, LLC These programs represent goad news to your drivers as the effort should reduce crashes (two test studies demonstrated a reduction in collisions when the aggressive drivers are targeted for tickets)_ On the flip side, if any commercial drivers are in the habit of driving aggressively, they may be at greater odds of getting caught and cited by these special patrols. This may be an opportunity to explain to drivers that getting a complaint from SafetyFirst's program gives them an opportunity to examine their own driving behaviors without the added baggage of tickets, fines, points on MVRs and potentially increased personal insurance premiums associated with getting stopped by the police. Did You Know? Here are some local news items that further highlight the seriousness of this issue. You may want to share local stories from your area with your drivers: The Gazette, Baltimore, MD, 06/29/06—"'July 4 is not the deadliest holiday of the year,"said Lt. Carl Miller, executive officer of the field operations bureau for the Maryland State Police. But"it's up there." County and state police will send out extra patrols that will be on the lookout for not only drunk drivers but aggressive drivers as well. "It's definitely heavily traveled,"Miller said. "There's a lot of congestion,which often leads to...aggressive driving." Last week, more than 90 stale and local law enforcement teams began the second wave of their Smooth Operator campaign,aimed at stopping aggressive driving.The third wave will last from July 23-29. The campaign includes patrols from Maryland, Pennsylvania,Virginia and the District.The campaign resulted in more than 390,000 citations in 2005,six times the number issued when the program started in 1997." KPVI(NBC)TV—Jun 18, 2006--The Idaho Transportation Department is teaming up with police to launch a new campaign.The"Getting Aggressive with Aggressive Drivers"campaign is aimed to reduce crashes caused by aggressive drivers.According to the Idaho Transportation Department, 55 percent of car crashes in Idaho are caused by aggressive drivers.Aggressive driving includes tailgating,quick lane changes,speeding,and much more_ Police are increasing patrol to catch and fine aggressive drivers.The campaign started on June 5th and will continue until August 14th.Sgt. Mo Canfield, Pocatello Police Department:"Our officers are always looking for violations out in the field,and whether it's an aggressive driving violation or any other violation,we deal with it. So I wouldn't say that we weren't doing anything we have already been doing."The Pocatello Police Department says if drivers are respectful and courteous while driving, they can avoid being fined. Portland Press Herald, Portland, ME, 6/29/2006--Six people died on Maine roads during the holiday weekend last year and many others were injured...Highway deaths are up 25 percent this year in Maine,as 85 people have died compared to 68 deaths last year.The numbers include two people killed Wednesday afternoon in separate crashes in Montville and Newfield,state police said. Accidents are commonly caused by driver inattention,such as playing with the radio and talking on a cell phone, Poulin said. "People need to understand that driving is a full-time business,"he said. "You need to stay alert and pay attention." The most severe accidents are caused when driver inattention is combined with aggressive driving,such as speeding or improper lane changes, he said. "It can definitely be a recipe for disaster,"he said.When traveling this holiday weekend, people should make sure to follow traffic laws,give themselves ample travel time and use their seatbelts at all times,he said. "A let of it just boils down to some fairly simple concepts-practicing common sense, being patient and having common courtesy,"he said. Web Sites That May Offer More Details http)/www.nysgtsc.state.ny.us/agg r-ndx.h lm#In troductio n ' http://www.nhtsa.dot.gov/people/injury/aggressive/Aggressive%20WebI http://www.nhtsa.dot,gov/portal/site/n h tsa/menu item.67eecdO5574fl 822798341 9cdbao46a0/ hftp://onlinepubs.trb.org/onlinepubs/nchrp/nchrp_rptL500vl.pdf h tlp://www.n htsa.dot.gov/people/injury/research/Agg Drivi ng Enf/imageslAgg resDrvng Enforce-5.0.pdf http://www.aggressive.drivers.com/ ' (SafetyFirst is not responsible for the content on these websites—access the information with caution as to the sources and or accuracy of their material) ' Copyrigh12006 SafetyFirsrSystems, LLC ' BA BROTHERS TOWING INC., 11 Profit & Loss January 1 through July 26, 2006 Jan 1 -Jul 26,06 Ordinary Income[Exponse Income BATTERIES 2,422.61 COLLECTIONS RETRIEVED 6,167.70 LABOR 6.875.00 LIEN SALES 420.00 MISC 1.04660 PERMIT FEES 678.95 REPAIRS 55,540 87 SALVAGE 261,351.57 STORAGE 312.611,11 TOW 936,718.69 TRANSPORT 16,695,00 VEHICLE SALES 36,071 25 Total Income 1,636,499.35 Cost of Goods Sold FUEL 257,816.39 PALM SPRINGS CITY 12.700,00 PARTS 87,431.36 RSO-CITY RELEASE FEES 150.00 SALVAGE PAID 17.331.15 TIRES 23,725.50 TRUCK REPAIRS 1,939.27 WAGES 352,863.38 Total COGS 753,957.05 Gross Profit 882,542.30 Expense AAA BATTERIES -591.00 ACCOUNTING 2.237,39 ADVERTISING 21,012.30 BANK CHARGES 7.886,77 BLDG MAINTENENCE 9,246.73 CONSULTING 400.00 CONTRACT WORKERS 56,00 CONTRIBUTIONS 325,00 CREDIT CARE)CHARGEBACK 8.52 CREDIT CARD COSTS 5,162.18 GUST.DISCOUNT 51,045.25 DMV CHARGES 33,011.00 DMV PULL NOTICES 48.00 DUES&SUBSCRIPTIONS 2,079,00 EDUCATION 1,512.62 EQUIPMENT 8,588.00 FINES 100,00 HAZARDOUS WASTE 636,83 INSURANCE 138,861.93 INTEREST 8,744.72 Page 9 of BA BROTHERS TOWING INC., II Profit & Loss January 1 through July 26, 2006 Jan 1 -Jul 26,06 LATE CHARGES 3,224,63 LEGAL 11.849.90 LICENSES AND PERMITS 3,804.70 LIEN SALE COSTS 9.250,75 8 MEDICAL 3,098.72 MISC.EXPENSE -062.58 OFFICE PAYROLL EXPENSE 138,100.49 OFFICER PAYROLL EXPENSE 42,000,00 OUTSIDE TOWING 850.00 Payroll Expenses 1,903,25 PROMOTIONAL 1,824.02 RENT 33,767.05 SCALES 1,260.58 SHIPPING CHARGES 407.53 SUPPLIES 25,927.66 SUSPENSE -8.345.06 TAXES 60,248,31 TRADE IN ALLOWANCE 28,767.56 TRAVEL 2,985.08 TRUCK WASH 2.503.00 UNIFORMS 17,395,40 UTILITIES 49.781.53 VEHICLE DAMAGES 9,527.14 Total Expense 729.539.90 Not Ordinary Income 153,002.40 Other Income/Expense Other Income DAMAGES PAID 15,894.39 REFUND 371.51 Total Other Income 16,265.90 Net Other Income 16,265.90 Net Income 169,268.30 1 1 Page 2 of 2 ' ➢&B SelfMonitor: BROTHER'S TOWING, INC. NO. II Page I of 2 ' fflam, a.;'.: SelfMomtor for Pr.. ITm3I1;1"115R1e'5s BROTHER'S TOWING,INC.NO.II D-U-NS#; 16-527-5611 4 E-n .r i Report Printed:July 28,2006 Copyrlght 2006 Pun&BradStrcet-Provided under contract for the exclusive use of subscriber Susan Sichta,BROTHER'S Creditworlhines5 - - Past and Predicted Ability to Repay Debts Ina ' Summary Likelihood this company will experience financial LOW® D&B Rating:BA2 distress in the next 12 months Formerly:EE4 Financial strength.BA is$5900,000 to 499,999 Get details Composite credit appraisal.2 is good This credit rating was assigned because of❑&B's assessr Likelihood this company will not pay on time over the MODERATE 1 company s fmancial ratlos and its gash flow.For more info next 12 months ❑&B Rating Key Get details Default on Payment: Financial Stress Summary Q Likelihood this company will experience financial LOW Key Factors distress in the next 12 months -17 trade experiences exist for this company. Financial Stress Class:1 -Financial Stress Score: 1376(high risk:1,001;low r -Evidence of open lien(s)and judgment(s)in D&B d -D&B files indicate a net worth of$327,675. 12%of trade experiences Indicate slow payment(s) 1 2 3 4 5 -Control age or date entered in D&B files indicates I, Low Moderate High -Current Liabilities to Net Worth Ratio suggests lows financial stress. -Return on Assets Ratio suggests lower risk of finan During the prior year,firms in this Financial Stress Class had a failure -Current Ratio suggests higher risk of financial stres rate of 1.2%,which is 0.46 times lower than the national average. Financial stress national percentile: 51 (high risk: 1%;low risk: 100%) National percentile industry norm:47(high risk: 1%;low risk: 100%) A0c[ti-nal information Payment within Terms: Credit Score Summary O Likelihood this company will not pay on time over the MODERRATE A Key Factors next 12 months -17 trade experiences exist for this company. Credit Score Class:3 -12%of trade experiences indicate slow payment(s) -Evidence of open lien(s)and judgment(s)in D&B d s •D&B riles indicate a net worth of$327,675. x, edr , :. 1 2 3 4 5 Low Moderate High The Credit Score class of 3 for this company shows that 14.3%of firms with this classification paid one or more bills severely delinquent,which is lower than the average of businesses in D&B's database. Credit score percentile:66(high risk:1%;low risk: 100%) Industry norm percentile:46(high risk: 1%;low risk: 100%) Additional information Additional Information Financial Stress Summary Credit Score Summary -The Financial Stress Class indicates that this firm shares some of the -The Incidence of Delinquent Payment is the percentage same business and financial characteristics of other companies with this Companies with this classification that were reported 90 classification.It does not mean the firm will necessarily experience due or more by creditors.The calculation of this value is financial stress. inquiry weighted sample. -The Incidence of Financial Stress shows the percentage of firms in a -The Percentile ranks this firm relative to other businesse given Class that discontinued operations over the past year with loss to example,a firm in the both percentile has a lower risk of creditors.The Incidence of Financial Stress-National Average severely delinquent manner than 79%of all scorable con http://smallbusiness.dnb.cora/credit-reports/sbssmo-report.asp?Orderid=05 C39BE7-9C8A-... 7/28/2006 1 D&B SellMonitor: BROTHER'S TOWING, INC. NO. II Page 2 of 2 1 represents me nanonai rauure rate anu is pruvwueu For uornparanve Uao s nies. purposes. The Financial Stress National Percentile reflects the relative ranking of a company among all storable companies in D&B's file. 1 -The Financial Stress Score offers a more precise measure of the level of risk than the Class and Percentile. It is especially helpful to customers using a scorecard approach to determining overall business performance. 1 All Financial Stress Class,Percentile,Score and Incidence statistics are based on 2004. 1 Customer Service 1 Email us With your Questions at sbs5upppq@gnb,gom k If you'd like to speak to one of our member support technicians directly,call toll-free 1-866-472-7362,Monday through Friday,7:00AM 1 / If this is a report on your own company use eUp ate,our easy online tool,to inform o&B of any changes to your business information. 1 1 p� Snapshot Creditworthiness 1 Payment Histoy&Trends Puhlic Filing History&Operations B This report may not be reproduced in whole or in part by any means of reproduction. 1 1 1 1 1 1 1 1 1 1 1 http://smallbusiness.dnb.com/credit-reports/sbssmo-report.asp?Orderid=05 C39BE7-9C8A-... 7/28/2006 BB,5 BROTHERS TOWING INC., If Balance Sheet As of July 26,2006 Jul 26,06 8 ASSETS Current Assets Checking/Savings 07997 7,391.30 14033 40.248,86 17308 14.753.44 17939 30.56 B General Account 2,245.91 Total Checking/Savings 64.670.07 Accounts Receivable Accounts Receivable 81,042.39 Total Accounts Receivable 81.042.39 BOther Current Assets EMPLOYEE ADVANCE -6,979.47 Undeposited Funds 1,029.40 Total Other Current Assets -6.950.07 Total Current Assets 139,762.39 Fixed Assets ACCUMULATED DEPRECIATION -1.241,699.00 CHIRIACO 120,127.03 CRUSHER 372,475.00 LEASEHOLD IMPROVEMENTS 6,019.00 OFFICE EQUIPMENT 47,209.86 SECURITY SYSTEMS 18.619.70 SHOP 22,200.00 TOOLS 46.091.29 TOW TRUCKS. 1,571,789.24 TRANSPORT. 121,938.10 Total Fixed Assets 1,085,670,22 TOTAL ASSETS 1,225,432.61 LIABILITIES&EQUITY Liabilities Current Liabilities Accounts Payable Accounts Payable 139,567.18 Total Accounts Payable 139,567.18 Credit Cards - B OF A VISA 18,111,85 HOUSEHOLD BANK 3,960.80 MERRICK BANK-7082 961.63 Total Credit Cards 23,03428 Other Current Liabilities ' Page 1 of B.5 BROTHERS TOWING INC., II Balance Sheet As of July 26, 2006 Jul 26,06 SALES TAX PAYABLE -172.55 Total Other Current Liabilities -172.55 Total Current Liabilities 162,428.91 Long Term Liabilities B OF A-SBALOC 85,000 00 CHIRIAM 56,690-00 CIVIL PENALTY 35.357,00 CRUSHER. 53,000,00 EOU AUDIT 2,403.40 RJ WOODS. -5.195.15 TOW TRUCKS 487.432.06 Total Long Term Liabilities 714,687.31 Total Liabilities 877.116.22 Equity ADDITIONAL PAID IN CAPITAL 95,424.00 COMMON STOCK 10.000.00 Opening Sal Equity 29,108.77 Retained Earnings -248,239,80 RJ WOODS 292.755.12 Net Income 169,268.30 Total Equity $48,316.39 TOTAL LIABILITIES&EQUITY 1,225,4=51 Page 2 of 2 1 \� c 0- 2 1�-p 's 'b,LA ,- 1 Brother's Towing, Inc. IX 1 Log4T) (e—D— Key # /F'o S.A. # Clip RSO T-ISPD PSPD OR STORED. / IMPOUND YEAR MAICAn/,5;,-MODE COLOR DATE: J� T]ME DRIVER: �� TYPE OF TOW STORAGE ARD.. !� TOWED FROM: a777 1 � cza _.S,�`zor� REG. OWNER LEG. OWNER:, �iQ/rc� ADDRLS9�� I1 Wracked? .i 0 Bums d?�/d Vandalized7,&/O Eng Trap Stripped?A/bRadio? P 1 Tape Deck? Othe:audio Ignition Key?/Q Registration? /t-� 1J VEIIICLE INVENTO ZY: �- ��` `L �' mil/ _ - i �Z /. c►rc U /� — TOW: $ 2N13 TOW: S STORAGE: (TOTAL DAYS X 1 RATE PER DAY $ TOTAL STORAGE $$ LIEN SALE DATE LIEN FEES 1 CITY FEE S 1 TOTAL S VEHICLE RELEASED ON BY 1 T0: BROTHER'S TOWING, INC. 301 DEL SQL DRIVE PALM SPRINGS CA 92262- 760-323-2325 I'nv, i;ce# ' ;669669- Bill To: `InV61ce,Date ,; Dispatch# 07/14106 280683 Reg HARRY ELDON MOTTER Owner 1415 SUNRISE WAY#45 PALM SPRINGS CA 92262 Dispatd�# -+ b; � ;,�;;'„}`: ,r;Vehicle;InTormation.i ',"+„..�.;g.., ;:hi' .,`� :,:Stange lh'Date,`: ;Storpgb OuMate' CotlA Keys Int 280683 88 MERCEDEZ BENZ BLUE Lic#CAQFW226 07/13/06 07/14/06 1 NO Purchase Orde�Numhe� ' � Vehidle.ToN%etl: folll, "r" "�'"^�i;�''",i� '' „Vehicle 7owed;Yo ,STREET FAIR .qc 301 DEL SOL .CallingAcct# 1. Reference# "Memti�'rk,'Y,Odometer„ {', '.6ExglresgRType ROc;, „fnrt,:',; ANd Int6W11 Clealr� Tag# PSPD 061940046 19:00 19:00 Driver Truck ':Quantity "! "'2' '�' .'Item^"De$cri Lion{ '�Llnit Price Extended Price' 63 1.00 TOWING 100,00 100.00 1 1 i 1 ' Remarks Sub Total $100.00 Storage #Days 2 @ 20.00 = $40.00 I, the undersigned, do hereby certify that I am legally authorized and entitled to take possession of the vehicle described above and all Total $140,00 personal property therein. Received $140.00 ' CASH [] visa [] m1c[] check# DL# Paid By MLIL Customer Signature X Balance ", ;,i _$0.00, W .foxtowxom Printed On 07/28/06 03.02:17 PM Pagel RIM:AL> ® NELalNI Apr y �rt �g Da�o1120W En#M: 061W5 _ TadaY's Date 0712812U06 �� [ALL CALLS] Towing Storage Total Dispfl Data lnv4 Status Yr Make I-Lcense VIN Towed Fmm AgmeY Reason Date-In Date-Out Charges Charges Received 257554 06101120D5 ASPCrafoif 5 RAMON AND CINIOADRE PSPD 1 1 1 1 0.00 0.00 0.00 2575770610112005 650158 D.SPLs101Rd0.5 05 ASTIN CAGOKART WIANdRH33495TFB1195 645 N.INDIAN CANYON PSPD 22651(c) 0&011200 O61o31200 100.00 60.00 160.00 25768006102121105 mpooN2m DESERT VIEW P.S. PSPD 11 I 0.00 0.00 0.00 2575890610212005 650086 8Iaa1 00 FORD CA 1FMZ462XYYZ0634611 641 DESERT VIEW PSPD 22651(h) 06/02/200 0&02120[1 100.00 20.00 120.00 2576t 10610212005 654160 KL07N6 92 MUN CA3BOU296 KMHJF22RINU132321 4785 CAMINO PARACELLA PSPD 22651(o) 06/02/200 07106@00 175.00 700.00 0.00 2576350610212605 650I19 8b:w 02 CHEV CA4ULZ543 1GNDX03E22D112i44 STREET FAIR PALM SPRINGS PSPD 06+021200 0610=00 225.00 0.00 225.00 25764306/03/2005 650134 Slerd 03 FORD CA7E497S3 1FTSW32P73E862526 1717 VISTACHIN0 PSPD 22653(a) 06I031200 0610312OG 100.00 20.00 120.00 257696 06/0312005 DSP68012m RAMOWCROSSLEY PSPD 1 1 I 1 0.00 0.00 0.00 2576990610312005 652740 REL0U3 84 TOYO CA J1`21RA65L1E0006318 RAMONICROSSLEY PSPD 06.1031200 07123MO 175.00 1020.00 0.00 2577030610312005 650314 Slated 77 MERC CA 878 SXF 12313012043620 S.P&M CANYON PSPD 06/03/200 06106aH 175.00 80.00 255.00 2577320610412005 DSPMO4120115 CHEV SUNRISHRAMON PSPD 11 I 0.00 0.00 0.00 257759 06/04/21]05 0.4POi0412U65 DINAH SHORE BRIDGE PSPD 1 1 I 1 0.00 0.00 D.00 257916 0005/2005 DSPM050M CALLE ENCE LIAI TAOU ITZ PSPD I1 II 0.00 0.01) 0.00 257923 06105nO05 DSPAIISUMS 431 S.PALM CYN CODWELL PSPD 1 1 1 1 0.00 0.00 0.00 257928 0610SM05 650495 Stored 90 BOND CA JHMCB766XLCO29032 415 PALM CYN PSPD Ofi1051200 06/09/200 100.00 100.00 200.00 257935 06106MO5 DSP0506=5 CAMINO PAROCELLAI SANTA PSPD 1 1 I 1 0.00 0.00 0.00 25793706106t2005 650699 Stared 86 MAZD CA JNIIFC3314G0150016 CAMINO PAROCLAISANTA ROSA PSPD 06/06/200 06/13/200 175.00 160.00 405.00 257875 06/0612005 DSPNI06005 SIGNATURE f AIR PSPD 1 1 1 1 0.00 0.00 0.00 25788406106P2005 650548 Stored 01 TOY CA4RPJ 4T19622231U041551 INDIAWSAN RAFEAL PSPD 22651(n) 061061200 06.+101200 175.00 100.01) 275.00 2578850610612005 DSP05,116UN5 CITY YARD PSPD 11 11 0.00 0.00 0.00 257925 06/07/2005 650354 Stored 95 FORD CA 6U60650 1PTEE14N1SHA60211 5201 E ROUON RD. PSPD 22651(p) 0610W200 0610W200 175.00 0.00 175.00 25793306107f2005 stored 91 MER CA42DJO04 3FAAP,1 15J 1 MR647152 4355 CAMINO SAN SIMION7 VELLA PSPD 22651(o) 06+0N200 II 175.00 2400.00 0.00 25793E 06107MOS .j 87 NfERC CA2EHN646 1MEBM60F1HH6B8171 E AMADQORCH ID TREE LN PSPD 22651(p) 0&071200 11 175.00 2400.00 0.00 2579750610712005 DSP06,WtM INDIANl TA4CHEVA PSPD 11 1I 0.00 0.00 0.00 25798706/0&2005 654164 REL07110 92 SATUR CA 2ZOG378 1G82F5493N2171396 2900 RANCHERO l CONPADRE PSPD 22651{o} 06.+081200 071t01200 175.00 660.OD 0.00 258005 OW0712005 654163 REL07125 75 CHVY CA 1A67020 C6Y29521055530 980 N INDIAN PSPD 22651(p) 061 Mo o7125120U 350.00 980.00 0.00 258008 OW0812005 650442 81trrsJ 03 NIITS CA3CWH728 JA3AJ261X3U109786 TAOUITZ7FARRELL PSPD 22661(p) 06.+081200061o812n0 175.00 20.00 195.00 Tolal Calls 27 Total Tomng 2725.00 Total Storage 8720.00 Total Received 2130.00 Printed On 0712EIrACo"03.18:50 PM impip.foxfow.com V2.66 Page 1 052006 11:39 PO.ICYHOLDER COPY SK STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142,-0807 COMPCNSATION IHSLIRAN CH FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE I5SUE DAYS; 05-05-2008 GROUP, POLICY NUMBER: 1828483-2006 C6LTIPICATE IP: 1 CERTIFICATE EXPIR51:04-01-2D07 04-01-200E/04-01-2007 ' Clip INDIO SK 79550 VARNER RD INDIO CA 82203-9704 ' This is to Cerllfy that we have,lssuad a valid Workers' Compensation insurance policy in a Form approved by the Califomia Insurance Commissioner to the employer named below for the policy period indicrted. This policy is not subject to Cancellation by the Fund except UP01110 days advance vvritter notice to the employer. ' We will also give you 10days advance notice should this policy be cancelled prior to its rormal expiration, This certificate of insurance is not an insurance policy end does not amend, extend or alto, the coyera9e afforded ' by the policy listed herein. Notwithstanding any requlremont, term or condition of any conur a or ether document with respect to whidi This certificate of insurance may be issued or to which it may pertai 1, the insurance afforded by the policy described herein is subject to all the terms exclusions, and eenditit nc: of such policy, THORREO f1EPRESENTATI PRESIDENT ' EMPLOYER'S LIABILITY LIMIT INCLUDIW OEFUNSE COSTS: $1,000,000 PER 01X,KIIRRENCE. ENDORSEMENT #1500 - ROBERT J WOODS PRESIDENT - EXCLOOFD. 1 ' EMPLOYER OROTHERrS TOWING INC II SK 301 DEL 5OL RD PALM SPRINGS CA 92282 [LC7.0N[ 'GtEJ_4_tl9t PRIMED : 05-05-200F 1 05/05/2000 11:01 FAX 803 084 8030 CENTERPOINTE �ACOWD CERTIFICATE OF LIABILITY INSURANCE DnTE1MmIDDmYY OPUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE e erpointe Ta,HTAr;LT1Ge Sorwice HOLDER. THIS CERTIFI.ATE DOES NOT AMEND, EXTEND OR California Lioenaa 40735759 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 07 - H Cam>rrillo Spsiaga Aoad INSURERS AFFORDING C)VERAGE NAICI INSURED BROTHERS TOWING, INC. II; BROTHERS INSURERA, TOWING OF INDIC; CHIRT2.CO TO►IM INSURER R: 301 DM SOL R.D. INSURER c: P2.LH SP=Gs, CL 92262 INSURER D: NSURER E OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REDUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES-AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIO CLAIMS. - ml PDLICYMIMRER POLICYEFROMNE POLICY EIRIMTI 1N TYPE bElum'"Aulp DAT MM Dorfxl DATE MIDDrf CL. LIMITS A GaaRN'UAwU1Y 10AJ3=-10 0 613PG01 11/04/2005 11/04/20/ 6 B&EOH OCCURRENCE 6 = COMMERCIALGENERALUABRITY DAM ETD,QED P DAISES tt S CLAIMS MADE ®OCCUR MEDECPUZ;: PVION PERSONAL F ADV INJURY ; GENOULL AGGREGATE O �_rA Bow GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMFAOP AM 1 17, POLICY PRO. 000 H AOTCNOlREUpAIUTY XQAXDTT-100E12CA01 11/04/2005 11/04/20-16 CoMRINED SINGLE LIMB ANYAUTO IEa aw9de+0 C ALLOWNEOAUYOS BODILY INJURY a SCHEDULED AUTOS IPAr PWTARI HIRED AUTOS BOOILYINJURY 1,10"W1411DAUTOS ffwwId*nd PROPERTY DAMAGE IPATAedXWRO GAAAEE U/3iLITY AUTO ONLY-EAACCIDENT Is ANYAtITO OTH91TKAN EA ACC 1 AU70ONLY: AM EkCT%SNMBREUa LW UTY EACH OCCURRENCE OCCUR CLAIMSMADE AGGREGATE S 1 OEDUUMLE A RETENTION a WORRERGCOMPENGAYJMAND WCSTA' OTH- EMFLDYER6'UAARTIY E.L.WCH I IMES Es dT S ANY PRDPNEMRIPAMNERlE XECUTIVE OFACER/MEMBER EXCLUDED? ELL DISEASE-F},EMPLOYEE 1 Ry11, PRO1 SPECIAL PROVIStOSIONS GeIPw I I EL DISEASE•POUDY LIMIT 5 19 OTHER 192SOTT-300c12Ga1 11/04/7005 11/04/2C 06 PER VEH.SCBED 30000 ox-HooK/CILRco $1000 Dmmcm DESCRIPTION OF OPERATIONS(LOCATIONS?VER(CLES!EXCW5IONS ADDED RY FxpORSCMEHT/SPECIAL PROWSIONS B) GAR&0=E3PERS LHGAT'. LTABILTTY - TOC#1 - 301 DEL SOL RD,. PALIK STRINGS, CA - *250,000 L33EIT; LOV*2 - 45200 BA41RISON ST., ==ELLA, CA - $50,000 T T; LOCg3 - 62400 CHIRIACO AD. , C=RTNCO SVIMT, CA - $50,000 L314IT; CERTIFICATE HOLDER CANCELLATION cwOULb ANY OF THE"ME D- DNEIBD POUCIEs SE CANCELLFO oESOW THE DINRA06N CALIBORNIA HIGRWAY PATROL DATE THEREOF,THE 155LRN13 I OURER WILL ENDEAVOR YO MAIL 3b_OAYS iffl H 19950 VARNER ROAD NOTICE TO THE CER ACATE F OLDER NAMED TO THE LEFT,RUT FAIW RE TO DO 50 SMALL INPIO, C1L 92203 IMPOSE NO OuLl"TION OR U%WIMY OF ANY RIND UPON THE INSXIWR,R5 AGENTS OR PErRcsEx*nm2a. AITTIIORRED RETRESP;+ IYE ACORD2 5 120 01/0 8) •! `I\V` \ 0ACORD CORPORATION T98B BROTHER'S TO-"PIlVG, INC. TodVSDR(e omsim Beg Date:06101105 End Date:0 6109105 Lot Inventory Report Sorted By Dispatch# Lot: ALL Lien Lien Licit Towing Total Disp # Yr Make Color Model License# Vin # Dale In Start Clear Ace(# Type Lot Keys Da}T Fee Fees Charges 257611921 HYUN WHT ELANTRA CA3BOU296 K114H3F22RINUI32321 06/02/05 06/10/05 07106/05 PSPD Stored 1 N 35 70.00 175.00 945.00 Re 257699 84 TOYOT BLUE CELICA CA IT232A65L1E0006318 06/03/05 06/17/05 07/23/05 PSPD 30 Day 2 3 51 70.00 175.00 1265.00 R2 25796991 CHEVY BLUE VAN CA3UOW362 1GBCU05D9MT125794 06/07/05 06/10/05 07/18/05 PPI Stored 1 NO 42 70.00 140.00 0.00 RI 25798792 SATUR GRY SLI CA2ZOG378 1G82F5493N2171396 06/09/05 06/08/05 07/10/05 PSPD Stored 1 NO 33 70.00 175.00 905.00 RI 258005 75 CHVY GRYIWHPU CA 1A67020 C6Y29521055530 06/07/05 06/17/05 07/25/05 PSPD 30 Day i N 49 70.00 350.00 0.00 R2 Licit 350.00 Towing 1015A0 Total Cars: 5 Total 3115.00 ® loci" Prir"n OJ 6 03"1 PItiMM wk"Wo vift Pa" PUBLIC AGENCY AUTHORIZATION TO DISPOSE Awuc �A OF A VEHICLE TO A SCRAP IRON PROCESSOR o3•05.D2.3 OR DISMANTLER VALUED AT$300 OR LESS r ❑ C.V•C 22851.2 ❑ C.VC.22351.3 I I PRINT ALL INFORMATION 17XCEPT SIGNATURES I �'1; . ' .. 1 i r:aid'ii;�11A'11+. ,1�C!)llr;�^'y'eC^LI1av:rJM'd,Ie'lll:a'3r1d;i�Ui�4- ._ ,� .i��lli k'.„il ,lopTr'�,',e,-rf=Fn6f,'Wl il•rlil'rto-"i:,o-:.yr 'ynh'�-�I•r ,,,, 1 LIC./PLA NUMB FAFtjap 1 AYED ON VEHICLE 2. ISSUED BY STATE OF 3.Y �~MOJJOEL�,�yy MAKE BODYTYPE ///Ul1c�G� dire 1`:E9iP—zD 4 VEHICLE ID NnFIC&P 10. N ❑ he Vehicle Is In such condition that the VIN Is not available I 5 ENGINE IDENITFICITION n] (EIN)(MOTORCYCLES ONLY) ❑ The vehicle 15 In Such Condition that the EIN Is not available NOTE: THIS VEHICLE MA—) ONLY RE DISPOSED OF TO A LICENSED DISMANTLER OR SCRAP IRON PROCESSOR. i AUTHORIZED TO DISPOSE OF VEHICLE 6 AGENCIES ESTIMATE VAI UE OF VEHICLE ], Py IOAOENCY NAME Dl T EDD Q� Cy.�C/�s�� a�iyynll LLVV a.AI J 7Jt/ l CSI7 .eV. —5 9.OFFICER'S NAMEALRHOF IZED PUBLIC AGENCY EMPLOYEE TITLE RANKITITLE BADGES RF, IAL NO.(Olfccr Only) e Gae law Enf=rrcnt IeJ4 Authorized PtefcAgetq 10. C1 At toast 72 hours before I:moval,2 distincdve notice was attached to this vehicle stating it would be removed by a public aen' Aband yfoned vehicle removed per CVC 22669(d). Lf Immediately after remova.the public agency naufed the Stolen Vehicle System of the Department of Justice in Sacramento of the removal. ❑ Notificafion was mailed It all interested p8rhe5. ' DATE I cerdly under penalty of p wjury under the laws of the Scale of CalHomia that the Infannation I have provided i5 we and correct 11. SIGN A OF F RPUBUC AGENCY EMPL VEEJAUTHOfl121NG DISPOSAL OF VEHICLE DA EAU ORIZ 12 NAMEOF OFIUIEPT)WING COMPANY � ,�K, ,-p_,;,),�;'Ir.ul1�;'dllr,;,.�ll,i,l)j' rl�aslrp,<<l ;';a�. ,,.,1;4�i�Itl•`I`?�ir+l; ' 13 SIGNATURE OF TOWIP G AGENT ON LINE 16 RELEASES INTEREST IN VEHICLE TO DISMANTLER OR SCRAP IRON PROCESSOR BE.OW ❑ Nobficalion was mailed 11 all interested PameS. ATF 14, DISMANTLER OR SCRAP'RON PROCESSOR FIRM NAME DISMANTLER NO ' 1S,ADDRESS CITY I certlly under penafly of p"Jury under the laws of the State or California that the Information I have provided Is true and current. to SIGNATURE OF TOWING 1r2NT DATE �'".:•iAlu'la�t C.�{t-ill I+il:4lilfl['1,e '=1�1'`�1'i'C�'reii;!]j�3fgi�,.rL'aTh,I;JI g*'i="..ii:ji�+'J=L, Public Agency: Ret in YELLOW copy for your records Give WHITE and PINK copies to firm or person to whom „ ' veh*given. Towing Agency: Gwv, WHITE and PINK Copies to the dismantler or the scrap Iron procesmr. Dismantler: Alta;t WHITE copy to completed Report of Vehicles to be Dismantled(Reg 42)and mail to: Department of Motor Vehicles, P.0.Box 944292, Sacramento,CA 94244-2920 ' Ret Iin PINK copy for your dismantler records. Scrap Iron Processor: Piet in PINK and WHITE copies for your records. REG 4d2(REV,s B) OSP e9 2090 Cc,c� p �pp,LhtsA -fl City of Palm Springs V N Department of Procuremen+ and Contracting * H,D* IA7691 e, ' 3200 Tahquuz Canyan Way ' Palm Spring,California 92262 c441roVt V- TEL: (760) 323-3239 • FAx(760) 322-8 M • TDD(76o)864-9527 January 7, 2005 Brothers Towing 301 Del Sol Palm Springs, CA 92262 Re: Towing & Storage Services Agreement Pursuant to our recent discussions concerning the City's vehicle abatement program, the City is requesting you indicate your agreement to extend the portions of your contract applicable to vehicle abatement (Agreement No. 3307, as amended, copy attached) thrc ugh April 1, 2005. If you agree to this extension of your contract with the City, please ;ign and date this letter in the space indicated below. Sincerely, CITY OF PALM SPRINGS Bye David H. Ready, City l an Authorized Si ature Company Name Post Office Sox 2743 • Palm Springs, Califorria 92263-2743 �I E}OIIBIT "C" PAGE 3 J. ABANDONED VEHICLE ABATEMENT PROGRAM -FEE PAYMENT TO CITY: 1. CONTRACTOR understands and accepts that it is CONTRACTOR'S responsibility to pay to CITY a fee of$25,00 for each reasonably complete, i.e., engine, tre asmission, wheels, complete body, etc., abandoned vehicle sold as a result of a request by the Pal n Springs Police Department for the services of a driver and tow truck for abatement of abandoned vehicles and for purposes of law enforcement. 1 1 - fwry EXHIBIT "A" PAGE 5 ' H. Abandoned Vehicle Abatement Program: Under the terms of this Agreement the CONTRACTOR will be r sponsible for providing the services of a driver and a tow truck for the removal of abandoned ve dcles when requested by the ' CITY. It is anticipated that this service will be required one (1) day a week, but not more than two (Z) days a week- The CONTRACTOR shall not remove any abandoned vehicle withc tit first being instructed to do so by an authorized police representative of the CITY'S Police Department- 1 Vehicles removed by the CONTRACTOR under the Abandoned Veb icle Abatement Program shall be taken to a scrap yard or auto dismantling yard and shall not therea tter be reconstructed or made operable. The payment for the salvage value for each removed ve hicle shall be retained by the CONTRACTOR as payment for CONTRACTOR'S services and n)other compensation shall be paid to CONTRACTOR by the CITY. Any money derived from the sale of salvaged or abandoned vehicles shall be included in gross receipts. The CONTRACTOR shall be responsible for payment to the CITY a fee of Say for each reasonably complete abandoned vehicle, i.e., engine, transmission, wheels, complete body, etc., sold and as provided in Exhibit "C", Rates for Towing and Storage Services Requested by the Palm Springs Police Department. During the performance of the duties and responsibilities of dis Paragraph H, CITY shall indemnify,defend and hold CONTRACTOR harmless from any an I all liability,claims, damages or demands arising out of CITY's designation of vehicles to be towed, or the preparation of necessary documentation therefor, or other sale negligence or w 11ful misconduct of CITY, its officers or employees. r �QALA4 - �° City of Palm Springs Procurement and Contracting * HCOR'ORATEO ^' A 3200 G. Tabquirz Canyon Way • Palm Springs, California 92262 C `p Tel: (760)322-8373 - Fax: (760)323-8238 • Web! www.Ci.palm-springs.cu.us 441PORN REQUEST FOR PROPOSALS/STATEMENTS OF QUALIFICATIONS (RFP 02-06) FOR TOWING AND STORAGE OF VEHICLES AS REQUESTED BY THE PALM SPRINGS POLICE DEPARTMENT ADDENDUM NO. 1 The following changes are hereby made to the RFP 02-06 for Towing and Storage of Vehicles: 1. ADD the following services to the SPECIAL SERVICES required of Tow Operators participating in the rotational tow program (page 6 of the RFP): As-needed abatement of vehicles from private property at the direction of the City's Code Enforcement Officers in accordance with the attachment entitled "Abandoned Vehicle Abatement Program" (2 pages). 2. ADD to the information required of each respondent in the SUBMISSIONS GUIDELINES Section B.10 as follows: B.10 Identify the procedures, the staff and other resources and the training your firm has with performing vehicle abatement services. 3. ADD to the information required of each respondent in the SUBMISSIONS GUIDELINES Section C.5 as follows: C.5 Identify prior experience performing abandoned vehicle abatement services for public agency(ies). 4. CHANGE the due date and time for submission of proposals from Friday July 28, 2006 at 2:00 PM to: FRIDAY, AUGUST 4, 2006 at 2:00 PM. Post Office Box 2743 0 Palm Springs, California 92263-2743 RESPONSES TO QUESTIONS RECEIVED TO DATE: The City has received the following questions and is hereby providing answers thereto: Q: What is the volume of tows expected under this program? A: The estimated number of (police) tows expected to be generated out of the rotational tow program is between 2000 and 2200 tows/year total. BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA �YLr- Bruce R. Johnson, CPPO, C.P.M. Procurement & Contracting Manager DATE: July 18, 2006 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Name: Authorized Signature: Date: Acknowledgment of Receipt of Addendum 1 is required by signing and returning a copy of this addendum with your response. Failure to acknowledge this Addendum may result in your SOQ being deemed non-responsive. 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 be stored out of the public view. The total number of abatement tows each tow service provider shall provide under this program is not known and is dependent upon the number of operators selected to be official Police Taw Service Providers_ The current volume of such tows is approximately 40-50 per year. 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 hereby makes the following findings and declarations. The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property not including highways is found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety to minors, to create a harborage for rodents and insects and to be injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or part thereof, on private or public property not including highways, except as expressly hereinafter permitted, is a public nuisance which may be abated as such in accordance with the provisions of this chapter. (Ord. 1246 § 1 (part), 1983) 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. (Ord. 1246 § 1 (part), 1983) 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 or historical vehicle license plates, pursuant to Section 5004 of the Vehicle Code, in which case the vehicle may be reconstructed or made operable. (Ord. 1330 § 2, 1989: Ord. 1246 § 1 (part), 1983) - 1 - 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. (Ord. 1246 § 1 (part), 1983) PERFORMANCE AND TOW ASSIGNMENT PROCEDURE The Abandoned Vehicle Abatement Program is administered by the Director of Building and Safety. Requests for service under the Abandoned Vehicle Abatement Program will 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. A Tow Service Provider called to respond to an abandon vehicle abatement program call will remain in the "first' position of the police tow rotation. 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 (next) 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 Provider shall immediately inform the Director of Building and Safety or his designee, and the Police Tow Service Provider shall forfeit their turn on the general Police Tow Service rotation list- - 2 - CITY OF PALM SPRINGS, CALIFORNIA NOTICE, OF REQUEST FOR PROPOSALS/STATEMENTS OF QUALIFICATIONS (RFP 02-06) FOR TOWING AND STORAGE OF VEHICLES AS REQUESTED BY THE PALM SPRINGS POLICE DEPARTMENT NOTICE IS HEREBY GIVEN that the City of Palm Springs is requesting Proposals/Statements of Qualifications from Tow Operators who are interested in providing towing and storage services on a rotational basis, as requested by the Palm Springs Police Department. Responses to this Request for Proposals/Statements of Qualifications will be evaluated on the basis of various factors including, but not limited to: demonstrated financial strength; quality of the proposer's existing or proposed Facilities located in Palm Springs, equipment and personnel; demonstrated and successful completion of services of similar scope and size; other cities' and clients'evaluations of the proposer's prior or current services and anyactions taken by such cities or clients regarding the proposer; demonstrated safety record for the proposer's tow vehicles and employees; degree to which the proposer ascertained and addressed this City's needs and priorities. RFP AVAILABILITY: The RFP is available via the Internet at www.ci.palm-springs.ca.us, click on "Departments"and go to"Procurement", then "Open Bids and Proposals". Upon downloading the RFP, please contact Mari Lynn Boswell, Procurement Administrative Coordinator, via email at MariL nnB ci. alm-s rin s,ca.us to register as an offeror. Copies are also available from the City of Palm Springs, Procurement & Contracting Division, at 760-323-8237. There is no charge for mailing this document to interested parties. DUE DATE FOR RECEIPT OF RESPONSES: Responses to this Request for Proposals/Statements of Qualifications must be received prior to the closing date and time of 2:00 P.M., local time, Friday. JuIV 28. 2006. LOCATION FOR DELIVERY OF RESPONSES: Responses must be delivered to CITY OF PALM SPRINGS Procurement & Contracting Office 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 QUESTIONS: Questions concerning this RFP should be directed to Bruce R. Johnson, Procurement and Contracting Manager,via fax at(760)323-8238. Questions must be received no later than Wednesday, July 12, 2006. ?DnAaTE: S THOMPSON lerk June 20, 2006 PUBLISH: June 23, 2006 1 REQUEST FOR PROPOSALS/STATEMENTS OF QUALIFICATIONS (RFP 02-06) FOR TOWING AND STORAGE OF VEHICLES AS REQUESTED BY THE PALM SPRINGS POLICE DEPARTMENT PURPOSE: The City of Palm Springs is requesting Proposals/Statements of Qualifications from qualified Tow Operators to provide as-needed vehicle towing and storage services for the Palm Springs Police Department. These services include but are not limited to: towing and storing 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 14602.6 and 14607.6. BACKGROUND: Currently three(3)local towing firms provide towing and storage on a rotational basis as requested by the Palm Springs Police Department under the terms and conditions of an agreement which commenced on April 1, 1997. The rotational tow program is being re-solicited at this time. The City is has adopted an ordinance that will codify and guide the police rotational towing program. The ordinance is codified as Chapter 11.82 of the City's Municipal Code, entitled "Police Tow Services Standards" (copy provided herein as Attachment"A"). Statements received prior to the deadline in response to this request for Proposals/Statement of Qualifications process will be evaluated by a qualifications evaluation committee. The evaluation committee, working with the Chief of Police, will submit a recommendation for award to the Palm Springs City Council. As a result of this RFP, the Palm Springs City Council may elect to execute a City-drafted towing agreement with any, all or none of the existing Operators and, may or may not approve additional Operators to be added to the rotation towing program. A new agreement for the rotational tow program is being developed which will include rules and regulations and performance standards established either by ordinance, by the Palm Springs Police Department, or by other City departments. These will include, but not be limited to, rules relating to response time, towing, storage, equipment, storage facilities, fees, customer relations, and disciplinary actions deemed necessary forthe Police Department to effectively manage the program. Each participating Operator must agree to abide by the terms and conditions of the agreement. Operator's participating in the rotational tow program shall agree to pay the City a vehicle towing administrative cost recovery fee to reimburse the City for actual and reasonable costs incurred in connection with the towing program (pursuant to State of California Vehicle Code, Div 5, Chap 9, Sect 12110). Included herein is a description of the basic standards for the rotational towing program. 2 EVALUATION OF QUALIFICATIONS AND INFORMATION: Responses to the request for Proposals/Statements of Qualifications will be evaluated on the basis of various factors, including, but not limited to, the following: 1. Demonstrated financial strength including, but not limited to, the proposer'$: a. Current facilities, equipment, and personnel, b. Capability of securing financing for facilities, equipment, personnel, or other resources, c. Credit worthiness; 2. Quality of the proposer's existing or proposed facilities, equipment, and personnel; 3. Demonstrated and successful completion of services of similar scope and size, including, but not limited to: a.Years of experience that the proposer as an official police tow services provider or a municipal service provider, b. Timeliness of performance, c. Customer satisfaction or complaints; 4. Other cities' and clients' evaluations of the proposer's prior or current services and any actions taken by such cities or clients regarding the proposer; 5. Demonstrated safety record for the proposer's tow vehicles and employees; or 6. Degree to which the proposer ascertained and addressed this City's needs and priorities. SUBMISSION GUIDELINES: Respondents to this RFP should, at a minimum, provide the information requested below. Interested tow operators are encouraged to provide additional information not specifically identified below that would help to demonstrate their firm's qualifications to provide tow services for the City. A. Facilities, Equipment and Personnel A.1. Facilities-Give the address of your firm's tow yard in Palm Springs. Include the capacity(size) of your storage area; describe the enclosure, i.e_, paved, locks, length and height of fences, hours of operation, etc. Indicate your facilities compliance with or deviation from applicable City zoning codes. If you operate from other Iocation(s), state the location(s). Do you have secondary vehicle storage facilities? If so, give the location and capacity. A.2. Equipment—Identify in detail each vehicle and all related equipment that your firm would utilize in the City's rotational tow program. A.3. Personnel— Identify all personnel that will provide services under the City's program. Include all drivers, supervisory and office personnel. Provide a Form 234E for each driver that will perform service in the program. AA Identify your recruitment/hiring/training/customer service practices. 3 B. Financial/Organizational Strength B.1 Provide a brief history of your firm in the towing industry. B.2 Provide in detail a description of the industry experience of your key management personnel. B.3 Discuss your organizational structure and your management style. Do you have an ongoing program to identify substance abuse, in accordance with Department of Transportation (DOT) Employee Testing Act of 1991? B.4 Provide evidence of the financial stability of your firm. B.5 Identify your capability of securing financing for facilities, equipment, personnel, or other resources B.6 Provide evidence of your firm's credit worthiness. B.7 Identify your vehicle replacement policy, the age of your current equipment and your plans for acquisition of new/replacement equipment. B.8 Adequacy of Business Records: Identify how your firm will: • track the status of all vehicles towed for the City through the rotational program; • report the status of all such towed vehicles to the City, when requested to do so; • keep track of gross receipts received through participation in the City's tow program; • keep track of information related to lien sales. Provide samples of all such documentation with your Statement of Qualifications. B.9 Provide certificates of insurance evidencing the insurance coverages carried by your firm- C. Successful Completion of Similar Service Arrangements C.1 Identify the years of experience that you have .as an official police tow services provider or a municipal service provider. C.2 List any contracts your firm currently has, or has had in the recent past(last 5 years), similar to the City's requirements. Give the name and phone number of a contact person for each reference. C.3 State any complaints your firm has received within the past two years, or the absence thereof. Include equipment violations, inspection citations, etc. CA Indicate whether or not you ever been suspended or terminated from a towing program operated by another government agency for any reason. D. Safety Record DA Describe your firm's safety policies and all safety training provided to your employees. 4 DA State any safety violations or incidents occurring within the past three years and how they were resolved. Also,state any citations on vehicles owned/operated by your firm. Indicate whether or not you ever been suspended from towing by another government agency for safety violation($). If so, supply the date and describe the violation and/or incident(s). E. Rates for Services EA The City Council will set the tow fee schedule by using the average tow fee allowed by the California Highway Patrol, Indio Bureau. Provide the CHP—Indio tow fee schedule allowed for your firm. SOQ SUBMISSION LOCATION AND DEADLINE: Statements of Qualifications and Letters of Interest shall be delivered to: Procurement& Contracting Palm Springs City Hall 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 no later than: Friday, July 28, 2006, AT 2:00 P.M., LOCAL TIME. All submittals shall be sealed within one envelope and clearly marked, "RFP 02-06 Request for Proposals/Statements of Qualifications for Towing and Storage of Vehicles". Please submit one original and five (5) copies in sufficient time to guarantee receipt at the City of Palm Springs Procurement and Contracting Office prior to the closing date. QUESTIONS: Questions concerning this RFP should be directed to Bruce R. Johnson, Procurement and Contracting Manager, via fax at (760) 323-8238, Questions must be received no later than Wednesday, July 12, 2006. ADDITIONAL INFORMATION: Additional information maybe sought from respondents to this request for Proposals/Statements of Qualification process if, in the opinion of the City's evaluation team,such information is necessary in order to complete the evaluation process. During its evaluation process,the City reserves the right to collect and utilize information through its own efforts related to the qualifications of respondents to this Request for Proposals/Statement of Qualifications. 5 ROTATIONAL TOWING PROGRAM DESCRIPTION General: This program is for providing Palm Springs Police Department(PSPD)—generated tows on a rotational basis for firms that have been qualified to provide such services for the City. Each participating Operator must agree to abide by the terms and conditions of an agreement in the form provided by the City and further agree to pay the City a vehicle towing administrative cost recovery fee to reimburse the City for actual and reasonable costs incurred in connection with the towing program. (State of California Vehicle Code, Div 5, Chap 9, Sect 12110). Services: The services to be provided include as-needed non-consensual towing and vehicle storage services. All services shall be provided in accordance with any and all applicable federal, state and local ordinances, rules and regulations.Services include but are not limited to: towing and storing 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 thejurisdiction of the Palm Springs Police Department, including impounded/forfeited vehicles under the provisions of California Vehicle Code 14602.6 and 14607.6. The Operator 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. Special Services: Operators participating in the rotational tow program will be required to provide the following special services to the City: • Towing services necessary to support the City's Thursday night Villagefest. On a weekly rotation, Operators participating in the program shall remove cars from areas within the Villagefest boundaries, coordinating with Villagefest staff and the Police Department. • As-needed towing and related services for City vehicles free of charge (Limited to 10 tows per operator/per contract year—All tows limited to Coachella Valley only). Standards for Tow Truck Equipment: A. Official police tow services shall provide towing equipment capable of providing for the following services: 1. Recovery trucks with an adjustable boom with at least eight ton lifting capacity. 2. Wheel lift towing. 3. Roll back/flatbed towing. 4. Towing in parking garages. 5. Towing from off-road areas. 6. Towing of large and oversized vehicles. 7. Towing of motorcycles without causing additional damage. B. All tow trucks shall be equipped as provided in the California Vehicle Code. C. Official police tow services shall, at all times, have at least three fully equipped and 6 operational tow trucks in service. All of the tow trucks in service must have a minimum capacity of 14,000 GVW. At least one of the tow trucks in service must be a flatbed tow truck. At least one of the three tow trucks in service must have a eight ton lifting capacity. D. Every official police tow service shall be equipped for and have personnel proficient in unlocking locked vehicles where practicable when requested to do so by Police Department employees. Standard Rules of Operation A.All requests for non-consensual vehicle towing service on city or public property,including public rights-of-way, and the removal of traffic hazards shall be made through the Police Department. B. Official police tow service provider's business office shall be located within the provider's 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 King 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 police tow service providers may make an additional charge for after normal business hours release of vehicles consistent with the guidelines or provisions of the Council resolution establishing fees and charges for tow services. C. General Rules of Operation. 1. Official police tow service provider must be available to promptly respond twenty-four hours a day, seven days a week for all requests by the City for towing services. 2. Official police tow service provider shall release vehicles stored or impounded bythe Police Department, pursuant to authorization provided by appropriate employees of the Police Department. Such authorization shall be in writing on a form provided by the Police Department or may be given verbally by employees authorized by the Department to provide verbal releases. 3. All vehicles stored or impounded as a result of a tow ordered by the Police 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 of estimating orappraising damages, except vehicles with a "police hold." D. Removing Hazards. After being dispatched by the Police Department to the scene, the official police tow service provider shall cooperate with the police officers in removing hazards and illegally parked vehicles as requested. It is the duty of the police officers to determine when such vehicle should be impounded or moved, and the tow truck attendant shall abide by their decisions. 7 E. The owners of an official police tow service provider participating in towing assignments by the Police Department shall be responsible for the acts of their employees while on duty. Each official police tow service provider shall be responsible for damage to vehicles while in its possession caused by the active or passive negligence of the official police tow service provider. F. Access to Provider's Facilities. 1. All official police tow service providers'records, equipment, and storage facilities will be subject to periodic checks by Police Department or other City investigators during normal business hours. 2. Throughout the term of this agreement,every official police tow service provider shall maintain all offices, storage facilities and equipment in a neat, clean and organized manner. 3. Every official police tow service provider shall provide access to employees of the 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- G. Each official police towing service provider shall record its time out and its time in or the end of service on every tow truck assignment. Such records shall be available and open to City examination. H. All official police towing service providers shall submit a monthly report to the Chief of Police and Finance Director, which shall include the following.- 1. Total police impounds; 2. Number of times dispatched by Palm Springs Police Department; 3. Number of dispatch calls resulting in impounds; 4. Number of vehicles sold on lien sale under authority of Civil Code Section 3072, as may be amended from time to time; 5. Number of vehicles sold under authority of Civil Code Section 3073, as may be amended from time to time; 6. 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. 7. Number of calls answered in which time beyond one hour was required to handle. I.All official police towing service providers shall comply with the following communications requirements: 1. Official police tow service provider shall maintain a twenty..four hour per day telephone service to receive calls from the public. 2. Official police tow service provider shall require the answering service to retain data and records relating to the City's requests for towing services on premises for the term of the contract. 3. Official police tow service provider shall require the 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 with the requirements,terms and conditions of this agreement and may result in suspension or termination of the agreement. 8 4. Official police tow service provider shall install and maintain at all times during the length of this agreement, communications between their tow vehicle(s) and the official answering service. This communication may be either by two-way radio or cellular telephone. 5. Official police tow service provider shall maintain a twenty-four hour per day communication contact with their tow vehicle(s)- J. Official police tow service shall have a secure and environmentally safe vehicle storage facility with a minimum of fifteen thousand usable square feet- 1. The vehicle storage facility must be located within the corporate city limits of the City of Palm Springs. 2. 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 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. 3. 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. 4. No official police tow service provider shall perform any work in the vehicle storage facility upon any vehicle stored or impounded by the Police Department without first obtaining authorization from the Police Department and the Registered Ownerof the vehicle. 5. Official police tow service provider shall not dispose of any impounded vehicle, through any process whatsoever,without first obtaining authorization from the Police Department. Nothing herein shall be deemed to prevent or prohibit the official police tow service provider from commencing the lien sale process on any such impounded vehicle- K. Official police tow service providers 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 Police Department for any purpose except as expressly authorized under the agreement. L. All vehicles stored or impounded as a result of a tow ordered by the Police Department shall be towed directly to an official storage lot unless the Police Department orother person legally in charge of the vehicle requests that it be taken to some other location. Vehicle release fees shall be established by resolution of the City Council. Additional Storage Operation terms, conditions and requirements: Operator shall be responsible for all vehicles stored by the Operator, together with all accessories and equipment on each vehicle and all personal property in each vehicle. It shall be Operator's responsibility to protect the stored equipment and property against loss or damage by fire, theft, weather 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, the Operator shall be responsible to the 9 owner for all losses or damages. Personal property in vehicles stored by Operator shall not be disposed of to defray any charges for the towing or storing of a vehicle; and, if not called for by the owner within thirty(30)days after date of notice by PSPD 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). Operator shall take all reasonable precautions required by the PSPD to avoid damage to any evidence, such as fingerprints or stains. Operator 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 otherwaterproof covering. Operator 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. Response to Calls: A. Each official police tow service provider 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 Police Department employee stores or impounds a vehicle and the driver or owner is not present or is not consulted. B. Official police tow service providers shall be called, in turn, in response to a Police Department request. Whenever any official police tow service provider cannot, for any reason, respond any equipment needed to accomplish the requested service within the response time specified herein, the official police tow service provider shall be passed over and the next company on the rotation list will be called. The official police tow service provider shall become eligible to provide service again only in its next turn in rotation. Whenever a Police Department employee determines that an emergency exists because an official police tow service provider is unable, for any reason, to provide adequate tow service, the Police Department employee shall have the right to have such services performed by any other means available. In the event a Police Department employee cancels a rotation tow due to no fault on the part of a provider, such provider shall be placed on the top of the rotation list for the next requested tow. C. When an Operator will be temporarily unavailable to provide services due to a preplanned/scheduled activity(i.e.: vacations, maintenance, medical leave)he/she shall notify the PSPD at least 24 hours prior to the date that services will be unavailable, noting the times and dates of the unavailability- D. Operator, or his/her employee(s)responding to a PSPD call, shall perform the towing or service required for which he/she was called. This requirement may be waived by the PSPD officer in charge, if the requested equipment is inadequate for the service to be performed; provided, however, if an Operator supplies the wrong equipment, such Operator shall be placed upon the bottom of the PSPD Rotation list- E. Operator shall not respond to a PSPD call assigned to another Operator unless requested to do so by the PSPD. If an Operator assigned the initial PSPD call requires the assistance of an additional Operator at the scene, the Operator assigned the initial call may, subject to the prior 10 approval of the PSPD officer in charge, request the Operator next on the PSPD Rotation list to assist him/her. Response time: A. When it becomes evident that there will be a delay in responding to a request for towing service, the official police tow services provider shall advise the Police Department of this delay and the reason for the delay. B. Each official police tow services provider agrees that, for any thirty day period, the average response time pursuant to requests for tow service by the Police Department, shall not exceed fifteen minutes. Each official police tow service provider also agrees that the maximum response time for any single request for tow service by the Police 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. Driver Qualifications and Public Demeanor: The Operator shall ensure that tow truck drivers responding to calls initiated by the PSPD are qualified and competent employees of his/her company. The Operator shall ensure that the tow truck drivers are at least 18 years old and are properly licensed and have all necessary certificates required by the State of California to operate a tow truck. All tow truck owners shall be 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 the various types of vehicles serviced through PSPD rotation. The Operator shall ensure that each tow truck driver and employee providing dispatch services for Operator 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 other year. The Operator shall provide to the PSPD a Form 234F for each tow truck driver to be utilized in the PSPD tow program. While involved in PSPD rotation tow operations or related business, the Operator and/or his/her employees shall refrain from any act(s) of misconduct, to include, but not limited to, any of the following: 1) Rude or discourteous behavior. 2) Lack of service, selective service, or refusal to provide service which the Operator, is/should be capable of performing. 3) Any act of sexual harassment or sexual impropriety. 4) Unsafe driving practices. 5) Exhibiting any objective symptoms of alcohol and/or drug use. 6) Appearing at the scene of a PSPD rotation tow call with the odor of an alcoholic beverage emitting from his/her breath. The Operator/tow truck driver shall submit to a preliminary alcohol screening test upon demand of the PSPD. 11 At the sole discretion of the Police Chief or his designee,non-compliance with this section may constitute grounds for disciplinary action. Rates for Service: The City Council shall set the tow fee schedule by using the average tow fee allowed by the California Highway Patrol, Indio Bureau. Insurance: The Operator shall maintain the following minimum levels of insurance from an insurance carrier admitted in California or admitted in the state in which the Operator's business is located and is authorized to do business in California in a form and content satisfactory to the City: 1) Commercial Business Automobile Liability as required by Vehicle Code Section 16500.5. Bodily injury and property damage with a combined single limit of not less than $750,000 for Class A tow trucks. The combined limits for Classes B, C, and D shall not be less than $1,000,000. These minimum standards are to include non-owned and hired auto coverage. 2) Uninsured Motorist- Legal minimum, combined single limit. 3) On-Hook Coverage/Garage Keepers Legal Liability Insuring the vehicle in tow which limits based on the size of the tow truck: a) Class A tow truck $50,000 b) Class B tow truck $75,000 c) Class C tow truck $150,000 d) Class D tow truck $150,000 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. 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 the Operator and the 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 the Operator in the course of carrying out the work or services contemplated in this Agreement. 6) Garage Keepers Liability-Shall be the same minimum as on-hook coverage for vehicles in the care, custody, and control of the operator in the storage yard. No work or services under this Agreement shall commence until the Operator has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. All of the above 12 policies of insurance shall be primary insurance and shall name the City, its officers,employees and agents as additional insured in accordance with a standard ISO additional insured endorsement form. The 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. All of said policies of insurance shall provide that said insurance may not be amended or cancelled without providing thirty(30)days prior written notice by registered mail to the city- In the event any of said policies of insurance are cancelled, the Operator shall, prior to the cancellation date, submit new evidence of insurance to the City- 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. Business Records: The Operator shall maintain records,at his/her place of business, relating to tow services furnished under this Agreement, including a description of vehicles, nature of service,tow truck driver's name, start time, end time, location of call, and itemized costs of towing and storage. The Operator 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-PSPD tows. The PSPD, or other City staff as may be designated by the Police Chief, may inspect all Operator records without notice during normal business hours. Operators shall permit the PSPD to make copies of business records at their place of business,onto remove business records forthe purpose of reproduction. The PSPD shall provide a receiptforany (original) records removed from the place of business. Records 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. Administrative Cost Recovery for Vehicle Towing. The City establishes a vehicle towing administrative cost recovery fee for the City's administering the official police tow services providers'agreement and operating a vehicle towing program ("VTACR fee") in an amount as adopted by the Council by resolution. VTACR Fee - Establishment and Payment. A.An official police tow services provider shall, prior to or at the time the agreement with the City is entered into, and on the annual anniversary of the date the agreement was entered into, pay the VTACR to the City, In lieu of an annual payment as required under this Section, the annual fee may be divided into twelve installments with the first payment being due and payable prior to or at the time the agreement is entered into and with each successive installment being due and payable on the first day of each successive month 13 thereafter. B. By resolution, the City Council shall establish or modify the amount of the VTACR Fee, basing it on the actual and reasonable costs to the City, including administration and overhead, for administering the official police tow services providers' agreement and operating the vehicle towing program. C.To reflect cost-of-living changes and to ensure that changing economic conditions do not impair the real value of the fees and charges under this Chapter, on July 1 of each year the Chief of Police shall: 1. Review the VTACR Fee; and 2. Adjust the VTACR Fee upward or downward by the same percentage increase or decrease, occurring during the previous twelve (12) months, in the consumer price index for all urban consumers ("CPI-U") for the San Bernardino-Palm Springs Metropolitan Area (published by the Bureau of Labor Statistics, U.S. Department of Labor),or applying a similar index if the CPI-U is not published or available, to the nearest one dollar($1.00), C. In addition to adjusting the fees and the charges for cost-of-living changes under Section 11.82.150(B), the Chief of Police shall recommend, with the City Manager's approval, that the City Council revise the fees and the charges when a change in the cost of either administering the official police tow services providers' agreement or operating the vehicle towing program makes the revision appropriate. D. The Chief of Police may prepare, adopt, amend and enforce rules, regulations or procedures for calculating, collecting, paying and administering the fees and charges under this Chapter. E.A copy of the resolution establishing the current fees and charges underthis Chapter will remain on file and will be available for inspection in the police department. Minimum Performance Standards: • Timely payment to City of VTACR Fee; Timely submission of all required monthly reports; • No more than 3 "passes" on tow assignments within a single calendar month; • Ability to maintain an average response time of 15 minutes or less; • Successful re-inspection of equipment and facilities; • Random audit of 30 tow invoices with an error rate of less than 10%; • Complaint ratio of not more than 1% of all tow requests. Term: The term of official police tow truck service agreements shall be three years with two one year options. 14 Form of Agreement: Each official police tow services provider shall enter into a written agreement with the City, which agreement shall contain eligibility requirements, operating regulations, fee schedules, and service requirements as adopted by the City Council. The agreement, in a form that the City Attorney approves, must include at least the following provisions: 1. Minimum requirements and performance standards for equipment, facilities, personnel (including background checks where appropriate), and services; 2. Procedures for handling and protecting vehicles in the official police tow services provider's care, custody, or control; I Conditions for releasing vehicles; 4. Maximum allowable rates and charges; 5. An indemnification provision satisfactory to the City Attorney; 6_ Minimum insurance coverages and amounts, satisfactory to the City's Risk Manager or the City Attorney; 7. The term of the agreement and grounds for its suspension, termination, or cancellation. & Terms and provisions for payment of the vehicle towing administrative cost recovery fee as required in Chapter 11.82 of the Municipal Code_ 15