HomeMy WebLinkAbout03784 - BROTHERS TOWING MO 5933 DOCUMENT TRACKING
Page: 1
Report: One document Detail December 19, 2007
Condition: Document Number a3784,
Document# Description AAPro_val_Date Expiration Date Closed Date
A3784 Police Towing 04/02/1997 04/01/2005
Company Name: Brothers Towing, Inc. I I
Address: 301 Del Sol„ Palm Springs, CA 92262
Phone: (760) 323-2325
Group: POLICE DEPARTMENT
Service: In File
xRef: POLICE DEPARTMENT
Ins. Status: A policy has Expired
Document Tracking Items: Due Completed Tracking Amount Amount
Code Item Description Date Date Date Added Paid
Converted from Fastrack v6.15 data.
agreement to rotational towing-in file 01/07/2005
END OF REPORT
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V N City of Palm Springs
Department of Procurement and Contracting
3200 Tahquitz Canyon Way • Palm Springs,California 92262
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Cq��FORN`P TEL: (760)323-8239 • FAX(760)322-8372 • TDD(760)864-9527
January 7, 2005
Brothers Towing
301 Del Sol
Palm Springs, CA 92262
Re: Towing & Storage Services Agreement#3784
Pursuant to our recent discussions concerning the City's rotational tow program, the City is
requesting you indicate your agreement to extend your contract with the City through April 1, 2005.
All other terms and conditions of Agreement#3784 shall remain the same.
If you agree to this extension of your contract with the City, please sign and date this letter in the
space indicated below.
Sincerely, 6a l t t r 12 1'rl z nw Gb I.l1Si 4 z,,-
CITY OF PALM SPRINGS
By ��
David H. Ready, City Mari
Authorized-!E�tgnature
Company Name
Post Office Box 2743 • Palm Springs, California 92263-2743
MINUTE ORDER NO. 5933
AUTHORIZING THE CITY MANAGER TO
EXECUTE A FINAL NEGOTIATED
AGREEMENT WITH EACH OF THE THREE
APPROVED TOW OPERATORS:BROTHERS
TOWING,DAVE'S TOWING SERVICE,AND
MOHICA TOWING SERVICE, TO PROVIDE
EMERGENCY TOWING SERVICES AND
VEHICLE STORAGE FOR THE CITY
POLICE DEPARTMENT ON A
ROTATIONAL BASIS.
I HEREBY CERTIFY that this Minute Order, authorizing the City Manager to execute
a final negotiated agreement with each of the three approved tow operators: Brothers
Towing, Dave's Towing Service, and Mohica Towing Service, to provide emergency
towing services and vehicle storage for the City Police Department on a rotational basis,
was adopted by the City Council of the City of Palm Springs, California in a meeting
thereof held on the 2nd day of April, 1997.
nL/JUI; TH SUMICH
City Clerk
Brothers Towing, Inc.
• Emergency Towing & Storage
Amend #1
AGREEMENT #3784
M06237, 10-7-98
AMENDMENT#1 TO TOWING AND STORAGE SERVICESAGREEMEN',
CITY OF PALM SPRINGS AND BROTHERS TOWING, PALM SPRINGS, CALIFORNIA
THIS FIRST AMENDMENT to Tgwing an Storage Services Agreement #3784 (herein
"Amendment"), is entered into this day of c / �1998 by and between the CITY OF
PALM SPRINGS, a municipal corporation (herein "City" or "Owner"), and Robert J. Woods,
dba Brother's Towing, Palm Springs, California, (herein "Contractor"), and amends that certain
Agreement for Contract Services dated April 1, 1997, as amended, between the same parties
as follows:
EXHIBIT "C" - COMPENSATION - towing and storage rates/fees are hereby amended
as follows:
PARAGRAPH A: BASE TOWING RATE (Class "A") $100 per hour
Under 10,000 Ibs GVW
PARAGRAPH B: HEAVY DUTY HOURLY TOWING RATES:
1 . TWO AXLE CATEGORY (Class "B") $130 per hour
10,000 Ibs GVW to, but not including 30,00 Ibs GVW
2. THREE AXLE CATEGORY (Class "C") $180 per hour
30,000 Ibs GVW to, but not including 50,000 GVW.
ADD: 3. THREE AXLE CATEGORY(Class "D") $200 per hour
50,000 Ibs GVW or more
PARAGRAPH D: STORAGE (PER DAY) - FEES ARE AMENDED AS FOLLOWS:
1 . Automobiles (Class "A") $20 per day
2. Motorcycles (no increase) $10 per day
3. Trucks, 1 ton under 20'(Class "B") $25 per day
4. Trucks, over 20' (Class "C") $30 per day
5. Trucks over 50,000 Ibs GVW (Class "D") $35 per day
The standard rate per vehicle for storage of automobiles or pickup trucks
shall be $20 per twenty-four hour period, or any portion thereof.
Standard rates for truck 1 ton under 20 feet, 2 axle, shall be $25 per
twenty-four hour period, or any portion thereof; trucks over 20 feet, 3
axle, shall be $30 per unit per twenty-four hour period, or any portion
thereof.
Standard rate for truck 3 axle, 50,000 Ibs GVW or greater shall be $35
per unit per twenty-four hour period, or any portion thereof.
PARAGRAPH E: ADDITIONAL CONDITIONS: Add the following Paragraph 6.
"6. Village Fest: Operators working off the rotation tow agreement
with the city shall work the Village Fest assignment on a monthly basis.
Fees associated and negotiated within this contract shall apply to
vehicles towed from the Village Fest".
PARAGRAPH G: COLLECTION OF FEES IMPOSED BY AND ON BEHALF OF THE
CITY
Subparagraph 2. Delete this paragraph in its entirety and substitute the
following:
"2. Release of Vehicles stored as a result of a State Vehicle Code
violation. A one time fee, per vehicle, for the purpose of recovering
PSPD costs in enforcing State Law, as follows:
Class A Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . $ 75.00
Class B, C and D Vehicles . . . . . . . . . . . . . . . . . . . $125.00
This fee is not charged when vehicles are stored/impounded pursuant to
authority of the Palm Springs Municipal Code nor when the vehicle
stored has been previously listed as stolen. Operator will collect this fee
on behalf of, and pay to, the City. Payment is due within thirty (30)
days of collection. Operator shall provide the PSPD copies of all
documents relating to each transaction."
Subparagraph 3(a). Delete this paragraph in its entirety and substitute
the following:
"3(a). Operator agrees to pay the City an amount equivalent to one-
third (1/3) of storage fees of vehicles stored or impounded for more than
14 days, Operator also agrees to pay the City an amount equivalent to
one-third (1/3) of the sales price of vehicles forfeited under authority of
California Vehicle Code, Section 14602.6 and 14607.6, which are lien
sold by the Operator for $600 or more. The actual source of storage
fee payment shall have no bearing on Operator's responsibility to pay
the City under this provision and shall include proceeds that Operator
may receive from an auction or other sale of a forfeited vehicle. All
money owing to the City under this provision shall be paid within thirty
(30) days of fee collection by the Operator."
Except as expressly modified herein, all terms, conditions and provisions of Agreement#3784
shall remain in full force and effect.
IN WITNESS WHEREOF, the parities have executed and entered into this Amendment
as of the date first written above.
ATTEST: CITY OF PALM SPRINGS
a munici corporation
By —
City Clerk By:
City Manager
APPROVED AS TO FORM:
Wyk
Crt Attorney
CONTRACTOR: ROBERT J. WOODS DBA
BROTHERS TOWING
ROBERT J. YODS DBA BROTHER'S
TOWING
_7-r8 Address:
L 2
Dated
" Brothers Towing, Inc.
Emergency Towing & Storage
AGREEMENT #3784
M05933, 4-2-97
INDEX
TOWING AND STORAGE SERVICES AGREEMENT
PARA• PAGE
1. ROTATION LISTS . . . . . . . . . . . . . . . . . . . 1
2 . TOW TRUCK CLASSIFICATIONS . . . . . . . . . . . . . . 3
3 . TOW TRUCK DRIVERS . . . . . . . . . . . . . . . . . . 4
4 . RATES . . . . . . . . . . . . . . . . . . . . . . . . 5
5. COLLUSION . . . . . . . . . . . . . . . . . . . . . . 7
6. RESPONSE TO CALLS . . . . . . . . . . . . . . . . . . 7
7 . STORAGE OPERATIONS . . . . . . . . . . . . . . . . . 8
8 . INSURANCE . . . . . . . . . . . . . . . . . . . . . 11
9 . INSPECTIONS . . . . . . . . . . . . . . . . . . . . 12
10. BUSINESS RECORDS . . . . . . . . . . . . . . . . . 12
11. FINANCIAL INTEREST . . . . . . . . . . . . . . . . 13
12 . PROHIBITION AGAINST SUBCONTRACTING OR
ASSIGNMENT . . . . . . . . . . . . . . . . . . . . 14
13 . DEMEANOR AND CONDUCT . . . . . . . . . . . . . . . 14
14. COMPLIANCE WITH LAW . . . . . . . . . . . . . . . . 15
15. COMPLIANCE WITH AGREEMENT . . . . . . . . . . . . . 16
16 . LICENSES, PERMITS, FEES,ASSESSMENTS . . . . . . . . 16
17. ADVERTISING . . . . . . . . . . . . . . . . . . . . 16
18 . DISCIPLINARY ACTION . . . . . . . . . . . . . . . . 17
19 . HEARING/APPEAL . . . . . . . . . . . . . . . . . . 20
20 . COMPENSATION . . . . . . . . . . . . . . . . . . . 20
21. OPERATOR'S FEE . . . . . . . . . . . . . . . . . . 21
22 . CANCELLATION . . . . . . . . . . . . . . . . . . . 21
23 . ATTORNEY'S FEES . . . . . . . . . . . . . . . . . . 21
24 . CORPORATE AUTHORITY . . . . . . . . . . . . . . . . 21
25. NOTICE . . . . . . . . . . . . . . . . . . . . . . 21
0 op
2 6. INTERPRETATION . . . . . . . . . . . . . . . . . . 22
27 . INTEGRATION; AMENDMENT . . . . . . . . . . . . . . 22
28 . SEVERABILITY . . . . . . . . . . . . . . . . . . . 22
29 . NON LIABILITY OF CITY OFFICERS AND EMPLOYEES . . . 22
30. CONFLICT OF INTEREST . . . . . . . . . . . . . . . 22
31. COVENANT AGAINST DISCRIMINATION . . . . . . . . . . 23
SIGNATURES . . . . . . . . . . . . . . . . . . . . 23
EXHIBIT "A" - APPLICABLE CALIFORNIA VEHICLE CODE
AND CIVIL CODE LAWS
EXHIBIT "B" - EQUIPMENT SPECIFICATIONS AND
USE REQUIREMENTS
EXHIBIT "C" - RATES FOR TOWING AND STORAGE SERVICES
REQUESTED BY THE PALM SPRINGS POLICE
DEPARTMENT
EXHIBIT "D" - STATEMENT OF WORK AND OPERATOR'S
RESPONSIBILITIES
EXIBIT "E" - TERM OF AGREEMENT & OPERATOR'S FEES
OR
TOWING & STORAGE SERVICES AGREEMENT
THIS TOWING & STORAGE SERVICES AGREEMENT is entered into as of
7 1997, ( "Agreement" ) by and between the ity of Palm
Springs, a municipal corporation ( "City") and � � �
( "Operator") .
O`
R E C I T A L S :
A. The City of Palm Springs Police Department ( "PSPD")
conducts the Rotation Tow Program in the City of Palm Springs,
whereby each Operator who enters into a Towing and Storage Services
Agreement and is then placed on a rotation tow listing with the
PSPD.
B. This Agreement contains terms and conditions that
Operator agrees to comply with in order to participate in the
Rotation Tow Program and be placed on the rotation tow listing with
the PSPD.
C. Participation in the PSPD Rotation Tow Program is
voluntary; however, compliance with all of the terms and conditions
of the Towing & Storage Agreement is mandatory for all tow
companies participating in the PSPD Rotation Tow Program. Operator
by agreeing to participate in the program, does not establish a
contractual relationship with the PSPD and is not acting as an
agent for the PSPD or the City when performing services under this
Agreement .
A G R E E M E N T:
1 . USE AND MAINTENANCE OF AN OPERATOR ROTATION LIST.
A. The Palm Springs Police Chief ( "Police Chief") , or his
designee, may maintain separate rotation tow lists for
each class of tow truck more particularly described in
Exhibit "B" attached hereto and incorporated herein by
reference to ensure an equitable distribution of calls to
the Operators . As used in this Agreement a "tow truck"
is a vehicle as defined in Section 615 of the California
Vehicle Code, as may be amended and also includes slide
back carriers and wheel lift vehicles .
B. Nothing shall prohibit a Class B, C, or D Operator from
maintaining a place on a lighter class rotation tow list,
in the event separate rotation lists are maintained;
provided, however, the subject tow truck meets the
equipment specifications for that class of operation as
set forth in Exhibit "B" .
487/014094-0001/3058263.2 .03117197
• 06
C. A telephone call to an Operator shall constitute one turn
on the rotation list and the Operator shall then be moved
to the bottom of the list . A telephone call to an
Operator is deemed to occur where: the Operator fails to
answer the phone, is unable to respond, is unable to
perform the required towing service, refuses to respond
or provide service, or is canceled due to excessive
response time . If it is determined that the Operator is
not needed and is canceled by the PSPD, up to and
including arrival at the scene, there shall be no charges
by the Operator; provided, however, that the Operator
will be placed back at the top of the list .
1) If the Operator is canceled by the vehicle' s owner
or agent prior to the Operator taking possession of
the vehicle as defined in Section 3068 of the
VehicleCode (when the vehicle is secured for towing
and is in transit) , there shall be no charges for
towing. The Operator shall immediately contact the
PSPD and advise them of the cancellation. The
Operator will then be placed back at the top of the
list .
2) If any additional service, other than towing and
recovery, commences and is canceled by the
vehicle' s owner or agent, the Operator may charge a
minimum of one-half of the regular hourly service
charge for the time expended on the call (but not
to exceed the rates set forth on Exhibit "C"
attached hereto) . For purposes of cancellation,
service begins when physically securing the vehicle
has begun, not the response . No lien shall arise
for the service unless the Operator has presented a
written statement to the vehicle' s owner or agent
for the signed authorization of services to be
performed.
D. The Operator shall not attempt to take possession of the
vehicle in order to establish a lien for any non-towing
services performed, or begun and subsequently canceled,
when not entitled to such lien as provided by VehicleCode
Section 3068 . 1 .
E . The Police Chief, or his designee, may establish policy
which allows an Operator to dispatch more than one tow
truck to a multi-vehicle collision scene in response to
a rotation tow call .
F. If two or more Operators are called to the same incident,
distribution of the vehicles shall be at the discretion
of the uniformed PSPD member present at the incident site
who has scene management responsibilities ( "PSPD Officer-
in-Charge") . The PSPD Officer-in-Charge may direct an
Operator to move vehicles to help clear a roadway or for
487/014084-0001/3058263.2 a03/20197 -2-
• 40
lifesaving operations . Operators shall provide the
assistance as directed. There shall be no charge for
this assistance, and the assistance provided shall not
change the Operator' s place in the rotation.
G. An Operator shall .have a business office and storage
facility located within the boundaries of the City and
must be licensed in accordance with the Palm Springs
Municipal Code, Chapter 3 .40 through 3 . 96 (as may be
amended) entitled "Business Tax" and must comply with all
other federal, State and local laws, ordinances and
regulations .
H. Operators applying for a rotation tow listing shall have
a minimum of three (3) years verifiable for-hire towing
experience, as an owner or principal, prior to being
eligible for consideration to be an authorized Operator.
Each Operator applying for a rotation tow listing shall
supply the City upon request with written verification
and evidence certifying ownership of a company performing
for-hire towing experience .
2 . TOW TRUCK CLASSIFICATIONS .
A. Each Operator shall equip, repair and maintain all tow
trucks covered under. this Agreement in accordance with
the provisions set forth in the California Vehicle Code;
Title 13 of the California Code of Regulations; the
specifications contained in this Agreement including
without limitation Exhibit "B" ; and consistent with
industry standards and practices .
1) Notwithstanding VehicleCode Section 615 , all tow
trucks shall have recovery capabilities, wheel lift
capabilities, and a boom meeting the specifications
contained in this Agreement. For the purpose of
this Agreement, "a trailer for hire that is being
used to transport a vehicle" shall not qualify as a
primary tow truck for rotation tow lists .
2) An Operator who has a car carrier may be exempted
from the recovery, wheel lift, and boom capability
requirements . However, the car carrier must be an
additional unit .
B. A violation of the Gross Vehicle Weight Rating (GVWR) ,
front axle weight :rating, rear axle weight rating,
maximum tire weight ratings, not maintaining 501 of the
tow truck' s unladen weight on the front axle when
lifting/carrying a load or safe loading requirements of
a tow truck shall be cause for suspension of an Operator
from the PSPD rotation tow list pursuant to Section 18 . 0
below. Suspension may be for periods longer than the
current term of the Agreement .
4971014094-000113058263.2 43/17/97 -3 _
C. There will be four classes of tow trucks covered under
this Agreement. Operator(s) shall maintain a minimum of
three (3) tow trucks . In no case shall any tow truck be
rated less than one ton capacity. The equipment
specifications for each Class of two truck are listed in
Exhibit "B" of this Agreement .
1) Class A - Light Duty - Class A tow trucks shall
have a manufacturer' s GVWR of at least 10, 000
pounds .
2) Class B - Medium Dutv Class B tow trucks with
have a GVWR of at least 19, 501 pounds . The truck
shall be capable of providing and maintaining
continuous air to the towed vehicle.
3) Class C - Heavy Duty - Class C tow trucks with
three axles and a GVWR of at least 33 , 000 pounds .
The truck shall be equipped with air brakes and
must be capable of providing and maintaining
continuous air to the towed vehicle.
4) Class D - Super Heavy Duty. Class D tow trucks with
three axles and a GVWR of at least 50, 000 pounds .
The truck shall be equipped with air brakes and
must be capable of providing and maintaining
continuous air to the towed vehicle; provided ,
however, the Police Chief, or his designee, may
waive this requirement .
D. To properly and safely tow and service the wide variety
of vehicles being operated on the roads and highways
within the City, a towing procedure may require the use
of auxiliary equipment specifically designed for a
specialized purpose. This auxiliary equipment should be
used when appropriate. A listing of service and
auxiliary equipment for each classification can be found
in Exhibit "B" of this Agreement .
3 . TOW TRUCK DRIVERS .
A. 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 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. Tow
truck drivers shall be at least 18 years old and possess
the following minimum class driver license:
487/014084-0001/3058263.2 .03117/97 -4-
r ID
1) Class A tow truck - A valid Class C license, or a
valid Class A license with valid medical
certificate.
2) Class B tow truck - A valid Class C license for
non-regulated vehicles, or a valid Class A license
with valid medical certificate for regulated
vehicles pursuant to VehicleCode Section 34500 .
3) Class C and D tow trucks - A valid Class A license
with valid medical certificate.
B. The Class A license must be endorsed to allow operation
of special vehicle configurations and/or special cargoes
as described in Exhibit "B" attached hereto and
incorporated herein by reference .
C. Operator shall maintain a current list of drivers .
1) Operator shall provide a current list of his/her
drivers to the PSPD upon implementation of this
Agreement. Operator shall notify the PSPD upon any
change in driver status, including the addition of
any new driver (s) , or the deletion of any drivers)
and revocation or suspension of a driver' s license .
An updated list- shall be provided PSPD within seven
(7) calendar days of any change in driver status .
2) Operators shall, at a minimum, maintain the
following information for each employee:
a) Full name .
b) Date of Birth.
c) California driver license number and
expiration date .
d) Copy of valid medical certificate (if
required) .
e) Job title/description.
f) Current home address .
g) Current home phone number.
h) Type (s) of truck (s) driver has been trained
and instructed to operate.
4 . RATES .
A. The approved rate structure for all towing, storage and
related services requested by the PSPD is contained in
Exhibit "C" attached hereto and incorporated herein by
reference . Any Operator who charges rates above those
approved by the PSPD shall be in violation of the
Agreement and subject to suspension or termination from
the PSPD Rotation Tow Program in accordance with Section
18 .D below. Regardless of the class of tow truck
utilized or responding to the call, charges shall not be
487/014084-0001/3058263.2 a03/17197 -5-
•
more than for the class of vehicle towed or serviced,
except when an operation involving the process of
uprighting an overturned vehicle or returning a vehicle
to a normal position on the roadway which required the
use of auxiliary equipment due to the size or location of
the vehicle occurs ( "Vehicle Recovery Operations" )
require a larger class of tow truck. This will normally
be limited to operations requiring a Class B, C, or D tow
truck (s) .
B. The rate of towing shall be computed from the time of
departure from the place of business or point of dispatch
whichever is closer to the location of the call, and
shall end at the estimated time of return to the place of
business or the completion of the call, if another call
is pending, whichever is shorter. Return to place of
business includes a reasonable and verifiable amount of
time required to place the tow truck back into service
when unusual circumstances require additional time that
is not part of normal operating procedures . (Examples :
1) 4X4 recovery in the mud; reasonable to charge for
cleaning mud from truck and equipment; 2) burned car on
car carrier: reasonable to charge for cleaning burn
debris from carrier bed; 3) car towed from side of road
on misty night and leaves mud track on bed of carrier:
not reasonable to charge for cleaning of carrier bed. )
( "Portal to Portal " ) . Time expended shall be charged at
a rate not to exceed the authorized hourly rate. Time
expended in excess of the minimums shall also be at the
hourly rate in no more than one minute increments . There
shall be no additional charges, including without
limitation, mileage or labor charges .
1) Operator may charge up to a thirty minute minimum
per call for any service or tow which is performed
when the vehicle operator or agent is present and
the vehicle is not stored at the direction of a
PSPD officer ( "Base Service") .
2) Operator may charge up to a one-hour minimum per
call on public safety response calls, which means a
response which results in a storage of a vehicle at
the direction of a PSPD officer and does not
include a storage at the request of the vehicle
operator, registered owner, or agent .
3) Operator shall base towing charges upon the class
of vehicle being towed regardless of the class of
truck used, except when vehicle recovery operations
require a larger class truck.
487/014084-0001/3058263.2 .03117/97 -6_
w ID
5 . NO OPERATOR COLLUSION.
A. No Operator shall conspire, or attempt to conspire, or
commit any other act of collusion, with any other
Operator for the purpose establishing an unfair
understanding regarding rates or conditions to the
Agreement that would bring about any unfair condition
which could be prejudicial to the City, its citizens, the
motoring public, or other Operator (s) . Collusion
includes, without limitation: conspiracy by any
Operator (s) to establish artificially high or low rates
for services performed pursuant to the Agreement,
conspiracy or attempt to circumvent any City or PSPD
review process.
B. A finding by the City that any Operator has been involved
in collusion shall be cause for suspension or termination
of the Agreement with such Operator in accordance with
Section 18 .E. below.
6 . OPERATOR RESPONSE TO CALLS .
A. An Operator shall respond to PSPD calls 24 hours a day,
seven (7) days a week, within the maximum "response time"
(the period of time from an Operator' s notification by
PSPD dispatch of a call to the arrival of the tow truck
at the location requested) as established by PSPD as
specified in Exhibit "D" attached hereto and incorporated
herein by reference. When an Operator will be
temporarily unavailable to provide services due to a
preplanned/scheduled activity, (ie. 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. An Operator shall respond with a tow
truck of the class required to tow the vehicle specified
by the PSPD. Operator shall advise PSPD dispatch, at the
time of notification, if the Operator is either unable to
respond or unable to meet the maximum response time. If,
after accepting the call, the Operator is unable to
respond or will be delayed in responding, the Operator
shall immediately notify the PSPD dispatch. The Operator
shall not assign initial calls to other tow Operators .
B. 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 .
4871014084-000113059263.2 n03117l97 -7-
C. 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 approval of the PSPD officer in charge, request
the Operator next on the PSPD Rotation list to assist
him/her.
If an Operator, who was not called to a scene, comes upon
a collision scene where a vehicle or vehicles are
blocking a roadway and a PSPD officer requests his/her
assistance in clearing the roadway, the Operator may be
requested to move the vehicle to a safe location, as
directed by the officer, and leave the vehicle. There
shall be no charge by the Operator for this assistance,
and the assistance provided shall not change the
Operator' s place in the rotation.
D. Only the tow truck: personnel and equipment requested
shall respond to a PSPD call . Additional tow truck
personnel and equipment shall be pre-approved by the PSPD
officer in charge . This shall not preclude the Operator
from responding to an incident to ascertain if additional
assistance or equipment is required. There shall be no
additional charge by the Operator for any personnel or
equipment that is not necessary to perform the required
service.
E. Any failure (s) to (a) respond as required; (b) meet the
maximum response time requirements; or (c) perform the
required towing or service, shall constitute a default
under this Agreement subject to suspension or termination
pursuant to Section 18 . F. below.
7. STORAGE OPERATIONS .
A. Operator Responsibilities .
1) 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 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
487/014084-000113058263.2 n03/17197 -8-
0 16
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, VehicleCode Section
10652 (reporting storage of vehicles over thirty
(30) days) .
2) Operator shall take all reasonable precautions
required by the PSPD to avoid damage to any
evidence, such as finger prints or stains .
Vehicles taken into custody that involve evidence
shall be stored in a covered area which is
protected against entry by unauthorized persons .
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 other water proof 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 .
B. Storage Facilities .
1) Operator shall maintain a vehicle storage area to
impound towed vehicles large enough to accommodate
all vehicles st:cred less than thirty (30) days . At
no time shall an owner of a vehicle be required to
wait while a vehicle is delivered from a secondary
storage location; provided, however, storage at the
primary storage location may not be less than that
required for the legal (in the opinion of the
City' s Planning Director) storage of fifty (50)
vehicles .
2) All vehicles impounded or taken into custody by the
PSPD must be stored by the Operator in areas that
are enclosed by substantial wire fences or walls
that have gates or doors which lock. Such fences
or wall enclosures shall be not less than six (6)
feet in height and shall have not less than one (1)
gate or door of adequate width and height . The
bottom edge of the enclosure structure shall not be
more than two (2) inches above the parking surface
of the enclosed area. A fence or wall enclosures
shall be maintained and repaired in good condition
throughout the term of the Agreement . Such fences
or walls shall be repaired within twenty-four (24)
hours of the time of any damage thereto to insure
487/014084-0001/3058263.2 a03/17/97 -9-
• 10
proper protection of the stored vehicles . The
Police Chief, or his designee, may modify security
requirements necessary to coincide with local
conditions .
3) The storage facility shall be open and attended
from 8 : 00 A.M. to 5 : 00 P.M. , Monday through Friday,
and shall have a responsible person on call on a
twenty-four (24) hour basis, seven (7) days a week.
The designated on-call person (s) shall be available
to release vehicles between 5 : 00 P.M. and 8 : 00
A.M. , Monday through Friday and a twenty-four (24)
hour basis on Saturday, Sunday and holidays .
C. Location and Maintenance of Storage Facility.
1) Operator shall maintain and provide a place of
business and storage facilities for the vehicles
stored under this Agreement within the established
boundaries of the City, as may be modified from
time to time . The business address and primary
storage facility shall be located "reasonably close
to the downtown" , in the sole opinion of the Police
Chief .
2) The primary storage facility shall be at the same
location as the business address . If a vehicle is
stored at a different location, there shall be no
charge for additional distance traveled to and from
such different location. The vehicle and personal
property shall be released at the primary storage
facility upon request of the owner. Upon proper
identification or proof of authority, the owner or
his designated representative shall be permitted to
remove personal effects from a stored vehicle
without reference to any costs or charges pending
because of towing or storage of said vehicle.
3) The tow operator shall furnish the Police Chief, or
his designee, with the addresses of all storage
facilities whenever there is a change.
4) The storage facility shall meet all City land use,
zoning ordinance requirements and the
specifications stated in this Agreement and shall
be approved by the City Planning Director. All
landscaped and paved areas of Operator' s premises
shall be maintained in a neat and orderly condition
with the landscape in a healthy condition and free
of weeds and litter.
5) The unpaved storage space shall be kept free of
weeds, litter, debris, and any other materials or
substances or any automotive parts unless said
487/014084-0001/3058263.2 a03117/97 -1 0-
parts are stored as evidence for the Police
Department. Operator shall avoid contamination of
soil with gasoline, oil, grease, or any other
contaminating substance as specified by Federal,
State, County or Municipal regulations .
6) All paved surfaces shall be in good repair without
broken parts, holes, potholes or litter. Any
premises used for the storage of vehicles located
in the City shall be landscaped as follows : Any
portion of a lot not paved or occupied by a
structure or designed for vehicular parking shall
be landscaped with a mixture of ground cover,
shrubs and trees and may include decorative rock,
walkways, or as approved by the City' s Planning
Director. All parking lots facing or abutting a
public street or a residential district shall be
screened by a solid wall or compact evergreen hedge
not less than six (6) feet in height or by
landscaped planters containing shrubs not less than
six (6) feet in height and not less than three (3)
on center or a landscaped berm not less than six
(6) feet in height or by a landscaped screening
approved by the City' s Planning Director.
8 . INSURANCE REQUIREMENTS .
A. 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 City:
1) Commercial Business Automobile Liability as
required by VehicleCode Section 16500 .5 . Bodily
injury and property damage with a combined single
limit of not less than $500, 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) On-Hook Coverage/Garage Keepers Legal Liability
Insuring the vehicle in tow with 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
3) Garage Liability insurance, including premises and
operations coverage for bodily injury and property
487/014084-000113058263.2 n03/17197 -1 1-
0 ID
damage with a combined single limit of not less
than $500, 000 .
4) 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. .
B. 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 policies of insurance shall be
primary insurance and shall name the City, its officers,
employees and agents as additional insureds . 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.
9 . INSPECTIONS . The PSPD may conduct an annual inspection (at no
charge to the Operator) of all tow trucks to determine whether
such tow trucks are safe and adequately equipped to perform
the service required of such class level tow truck. The PSPD
may conduct additional inspections without notice during
normal business hours . The Operator shall not dispatch a tow
truck (to a PSPD call) that has not been inspected and
approved by the PSPD. The PSPD shall inspect a tow truck
within thirty (3) days of a request from an Operator. Any
Operator who fails an inspection for any reason (as determined
in the reasonable discretion of PSPD) is entitled to only one
(1) re-inspection. Failure to pass the re-inspection may be
cause for disqualification of the tow truck from use on PSPD
rotation list or suspension or termination of this Agreement
in accordance with Section 18 . I .
10 . BUSINESS RECORDS .
A. 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 drivers name, start time, end time,
487/014084-0001/3058263.2 .03/17197 -12-
• 0
location of call, and itemized costs of towing and
storage. (See Exhibit IUD")
B. 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 .
C. The PSPD may inspect all Operator records without notice
during normal business hours .
D. Operators shall permit the PSPD to make copies of
business records at their place of business, or to remove
business records for the purpose of reproduction. The
PSPD shall provide a receipt for any (original) records
removed from the place of business .
E. Records shall be maintained and available for inspection
for a period of two years plus the current term of this
Agreement.
F. Failure of the Operator to comply with the records
requirement shall be cause for suspension in accordance
with Section 18 .M. below.
11 . FINANCIAL INTEREST.
A. No Operator shall be directly involved in the towing
related business of any other Operator within the City.
"Directly involved" shall mean any Operators having one
or more of the following: 1) the same business license;
2) insured under the same insurance policy by an
insurance company; 3) using the same tow truck or
equipment ownership; or 4) having all or some of the same
employees .
B. Storage facilities owned by an Operator, and shared with
another Operator, shall only be approved if the owner/
Operator charges for the space exclusively on a flat
monthly rate rather than a vehicle-by-vehicle basis, or
combination thereof . Storage facilities shared by
Operators shall be physically separated and secured from
each other. PSPD may delete this requirement in its sole
discretion if it deems appropriate.
C. A terminated or suspended Operator and the tow business
he/she owned at the time of his/her suspension or
termination shall not be eligible for a rotation listing
for the duration of the suspension or upon termination.
This provision applies to the Operator working in any
capacity within any tow business, or operating any tow
business, and to the tow business, even if operated under
new ownership.
487/014084-000113058263.2 a03117/97 -1 3-
• (10
D. Any violation of this Section it is cause for suspension
in accordance with Section 18 .M. below. .
12 . PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT. The
experience, knowledge, capability and reputation of Operator,
its principals and employees were a substantial inducement for
the City entering into this Agreement. Therefore, Operator
shall not contract with any other entity to perform in whole
or in part the services required hereunder without the express
written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred,
assigned, conveyed, hypothecated or encumbered voluntarily or
by operation of law, whether for the benefit of creditors or
otherwise, without the prior written approval of City.
Transfers restricted hereunder shall include the transfer to
any person or group of persons acting in concert of more than
twenty five percent (25e) of the present ownership and/or
control of Operator, taking all transfers into account on a
cumulative basis . In the event of any such unapproved
transfer, including any bankruptcy proceeding, this Agreement
shall be void. No approved transfer shall release the
Operator or any surety of Operator of any liability hereunder
without the express consent of City. City' s consent to one
assignment shall in now way be deemed to be acceptance to any
further assignment .
13 . DEMEANOR AND CONDUCT.
A. 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.
B. Should the filing of criminal charges be a possibility,
the PSPD will conduct the investigation to conclusion or
487/014084-0001/3058263.2 .03/17/97 -14-
• +r
assist the lead investigating agency and, if warranted,
request prosecution.
C. All PSPD related tow service complaints received by the
PSPD against the Operator or his/her employees) will be
accepted and investigated in a fair and impartial manner.
As a result of the investigation, the PSPD may suspension
Operator in accordance with Section 18 .M. below. In any
event, the Operator will be notified of the results of
any investigation.
14 . COMPLIANCE WITH LAW.
A. The Operator and his/her employees shall, at all times,
comply with federal , state, and local laws and
ordinances, which include, but are not limited to, those
laws which are applicable to the Operator (refer to
Exhibit "A" for selected California Vehicle Code and
VehicleCode Sections) .
1) In the event of a misdemeanor traffic violation (s)
by the tow truck driver (s) which is/are known by
the PSPD, the Operator shall be advised of the
violation (s) by the PSPD. The Operator will be
granted the opportunity to take necessary steps to
ensure that his/her driver (s) drives in compliance
with law. Any subsequent traffic violation(s) may
be cause for appropriate disciplinary action
against the Operator and/or the involved
employee (s) .
2) Any traffic violation (s) involving a felony may be
cause for immediate disciplinary action against the
Operator and/or the involved employees .
B. The provisions contained herein do not preclude the PSPD
from taking appropriate enforcement or administrative
action for any violations of law.
C. Any conviction of the Operator involving a stolen or
embezzled vehicle, fraud related to the towing business,
stolen or embezzled property, a crime of violence, a drug
related offense, felon driving while under the influence
of alcohol and/or a drug, misdemeanor driving while under
the influence of alcohol and/or a drug while involved in
a PSPD rotation tow call, or moral turpitude shall be
cause for suspension of the Operator in accordance with
Section 18 .M. below.
D. Any conviction of an employee involving a stolen or
embezzled vehicle, fraud related to the towing business,
stolen or embezzled property, a crime of violence, a drug
related offense, felony driving while under the influence
4871014094-000113059263.2 .03/17/97 -1 5-
of alcohol and/or a drug, misdemeanor driving while under
the influence of alcohol and/or a drug while involved in
a PSPD rotation tow call, or moral turpitude shall be
cause for the removal of the employee from the list of
current PSPD rotation tow truck drivers .
E. An Operator, or employee, arrested/charged for a
violation involving any of the above crimes may be
suspended until the case is adjudicated.
15 . COMPLIANCE WITH AGREEMENT. The Operator agrees, as a
condition of inclusion on the rotation tow list, to comply with the
terms and conditions of this Agreement . Furthermore, the Operator
agrees that failure by the Operator or his/her agents to comply
with these terms and conditions shall be cause for a (i) written
notice to an Operator which specifies any violations of this
Agreement, orders corrective action, and warns of further action (s)
to be taken if corrective action is not taken ( "written
reprimand" ) ; (ii) suspension; or (iii) termination from the PSPD
rotation tow list (s) . Alleged violation of this Agreement will be
investigated by the Police Chief, or his designee. The Operator
will be notified of the PSPD findings within thirty (30) days of
the conclusion of the investigation.
16 . LICENSES. PERMITS . FEES & ASSESSMENTS .
A. Operator shall obtain an approved Land Use Permit from
the Department of Planning and Building and comply with
the terms and conditions therein.
B. Operator shall obtain at its sole cost and expense such
licenses, permits and approvals as may be required by law
for the performance of the services required by this
Agreement . Operator shall have the sole obligation to
pay for any fees, assessments and taxes, plus applicable
penalties and interest, which may be imposed by law and
arise from or are necessary for the performance of the
services requested by this Agreement.
17. ADVERTISING.
A. The Operator shall not display any sign or engage in any
advertisement indicating an official or unofficial
connection with the PSPD or the Department of Motor
Vehicles .
1) Examples include, without limitation, "Official
PSPD Tow, " "Approved by PSPD, " "PSPD Rotation Tow. "
2) This will not preclude the Police Chief, or his
designee, from implementing a system to mark and
identify particular tow trucks as having passed the
PSPD inspection.
487/0140840001/3058263.2 n03/17/97 -1 6-
• 1D
B. Any violation of this Section 17 is cause for suspension
of the Operator in accordance with Section 18 .M. At a
minimum, the suspension should be for the duration of the
advertisement.
18 . DISCIPLINARY ACTION.
A. The Police Chief, or his designee, shall take
disciplinary action against Operators for violations
investigated and confirmed or sustained. The Police
Chief, or his designee, shall retain discretion regarding
the length of any suspension imposed pursuant to the
terms and conditions of this Agreement .
B. Records of violations shall be retained by the PSPD for
at least thirty six (36) months .
C. A violation of GVWR and safe loading requirements of a
tow truck shall be cause for immediate suspension. This
includes, without limitation, exceeding the tow truck' s
GVWR, front axle weight rating, rear axle weight rating,
maximum tire weight ratings, or not maintaining 50% of
the tow truck' s unladen weight on the front axle when
lifting/carrying a load.
D. Overcharging by Operator shall be cause for suspension or
termination in the sole discretion of the Police Chief or
his designee, and repeated overcharging shall be cause
for immediate termination. The suspension will remain in
effect until the period of suspension is completed and
the Operator has presented proof to the PSPD that
reimbursement has been made to the aggrieved customer (s) .
E . Any Operator found to be involved in any act, or
attempted act of collusion, may be terminated and shall
at a minimum be suspended from participation on the PSPD
rotation tow list for the current term, plus three (3)
years .
F. Any failure by Operator to respond to calls as required;
meet the maximum response time requirements; or perform
the required towing or service as required by this
Agreement shall be cause for suspension or termination in
the sole discretion of the Police Chief or his designee .
G. In the event that the Operator fails to maintain the
storage facility in accordance with Section 7 above,
Operator may be required to enter into an agreement with
the City to meet certain performance criteria in the sole
discretion of the City within certain time frames . If
the Operator fails to comply with such Agreement the
Police Chief may suspend or terminate the Operator.
487/014084000113058263.2 .03/17/97 -1 7-
0 46
H. Failure of the Operator to maintain the minimum insurance
requirements as set forth in the Agreement will allow
give the Police Chief the right to immediately terminate
the Agreement . Operator will be subject to an additional
suspension for failure to notify the PSPD in advance of
the insurance policy expiration or cancellation.
I . Failure of the Operator to comply with the inspection
requirements in Section 9 of this Agreement will result
in suspension and repeated failure to comply with the
inspection requirements shall be cause for immediate
termination. The suspension will remain in effect until
the period of suspension is completed and the Operator
has complied with the inspection requirement.
J. A violation of the equipment requirements related to
safety shall be cause for immediate suspension. . The
suspension will remain in effect until the period of
suspension is completed and the PSPD has conducted an
inspection and found that the Operator is in compliance.
K. A violation of the Biennial Inspection of Terminals (BIT)
Program requirements shall be cause for suspension and
repeated violations of the BIT shall be cause for
immediate termination. The suspension will remain in
effect until the period of suspension is completed and
the Operator has presented proof of compliance with the
BIT requirements . Any unsatisfactory rating shall be
cause for suspension.
L. Failure of the Operator to satisfy a court order
mandating reimbursement to the vehicle or property owner
for the damage or loss which occurred while the vehicle
was in his/her custody will result in termination.
M. Failure of the Operator or employee to comply with any
other provision of this Agreement, including without
limitation, Sections 10, 11, 13 , 14 and 17 may be cause
for suspension, if deemed appropriate by the Police
Chief, or his designee .
N. A tow truck driver, not under the immediate observation
of the Operator, while on-duty and driving a tow truck,
who is arrested and subsequently convicted for
misdemeanor driving under the influence of alcohol and/or
drugs, will be subject to suspension from participating
as a tow truck driver under the provisions of this
Agreement .
0. If the Operator is serving a suspension for one year or
more, he/she shall be required to comply with all terms
and conditions of the current Agreement at the time of
the reinstatement . PSPD approval of equipment that is
not in compliance with the equipment specifications
487/014084-0001/3058263.2 a03117/97 -1 8-
• 41
contained in the Agreement will be necessary at the time
of reinstatement . .Elements of this Agreement which are
commonly referred to as "grandfather clauses" shall no
longer apply to the Operator who is suspended for one
year or more.
P. Major Violations . Violations of the terms and conditions
of the Agreement that are subject to suspension for the
first violation are categorized as major violations . Any
subsequent or continuing major violations may be cause
for termination of the Agreement .
1) termination shall be invoked if, in the Police
Chief' s judgment, continued participation in the
rotation tow program by the affected tow Operator
may result in a hazard to public safety and/or
welfare, or the Operator has been convicted of a
crime listed in Section 14 . C.
2) In lieu of termination, the PSPD may impose
additional suspensions for longer periods, if
deemed appropriate.
Q. Minor Violations . Except as specifically stated in the
Agreement, minor violations (any violation other than a
Major Violation) of the terms and conditions of the
Agreement may be cause for the Police Chief to institute
lesser disciplinary action in the following manner.
1) First violation in 12 months - letter of reprimand.
2) Second violation in 12 months - 30 day suspension.
3) Third violation in 12 months - 60-90 day
suspension.
4) Fourth violation in 12 months - termination of the
Agreement .
In lieu of a termination, the Police Chief, or his designee,
may impose additional suspensions for longer periods, if
deemed appropriate .
R. Nothing herein shall be deemed to prohibit the PSPD from
immediately suspending any Operator whose conduct, or
that of his/, her employees, in the discretion of the
Police Chief, or his designee, is deemed to be a danger
to the motoring public or who has engaged in conduct
constituting a flagrant violation of this Agreement.
S . Nothing in this Section 18 shall in any way limit the
City' s right to terminate this Agreement as provided in
Section 22 below.
487/014084-000113058263.2 n03/17/97 -1 9-
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19 . HEARING/APPEAL.
A. In the event the PSPD serves the Operator with a
reprimand, suspension or termination notice, the Operator
may request a hearing within seven (7) calendar days by
submitting a request in writing to the Police- Chief, or
his designee. If a hearing is requested, it shall be
held as soon as practicable. The hearing shall be
conducted by the Police Chief, or his designee, and the
Operator shall be entitled to present all relevant facts
and circumstances in support of his/her position. The
Operator shall be further entitled to present testimony
of at least one representative of a tow truck association
or other qualified person. The Operator shall be
notified in writing of the decision of the Police Chief,
within ten (10) business days of the date of the hearing.
B. Following a hearing, if the Operator is dissatisfied with
the Police Chief' s decision, the Operator may request an
appeal by submitting a request in writing to the City
Manager within seven (7) calendar days . If an appeal is
requested, it shall be held as soon as practicable. The
appeal shall be conducted by the City Manager, or his
designee. The appeal shall be the final level of review
for reprimands, suspensions, and/or terminations, or
review of an PSPD Officer-in-Charge decision regarding
the mid-term review process . An informal review
conducted by the Police Chief, or his designee, at which
an Operator may present evidence or witnesses to show
that an action taken by the PSPD Officer-in-Charge was
improper, or to mitigate the action taken. The Operator
shall have the same rights as those provided at the
Police Chief' s level . The Operator shall be notified in
writing of the decision of the City Manager within ten
(10) business days of the date of the appeal . The City
Manager' s decision shall be subject to no further
administrative appeal .
C. A suspension or termination shall not take effect until
the hearing and appeal process has been exhausted, with
the exception of Operators whose conduct is deemed to be
a danger to the motoring public or whose conduct grossly
violates the terms and conditions of the this Agreement .
If an Operator fails to request a hearing or appeal
within the specified time or fails to appear at a
scheduled hearing or appeal, the action taken by the
Police Chief, or his designee, shall be final and the
suspension and/or termination shall take effect upon
written nctification. to the Operator by the Police Chief.
20 . COMPENSATION. Operator agrees to perform the services herein
and as outlined in Exhibit "D" ( "Scope of Work") , and to
receive, as full payment, fees described in Exhibit "C"
487/014094-0001/3058263.2 a03117/97 -2 0-
i 40
21 . OPERATOR' S FEE. Operator agrees to pay the City the amounts
and within the time frames as outlined in Exhibit "E" as
reimbursement to the City for actual and reasonable costs
incurred in connection with the towing program.
22 . CANCELLATION. Notwithstanding any other termination rights in
this Agreement, the parties may elect in their sole discretion
to terminate this Agreement, with or without cause, upon
thirty (30) days' written notice to the other party, except
that where termination is due to a default by Operator, the
period of notice may be such shorter time as may be determined
by the City. Upon receipt of any notice of termination,
Operator shall immediately cease all services hereunder except
such as may be specifically approved by the City. In the
event of termination without cause pursuant to this Section 22
the terminating party need not provide the non-terminating
party with any opportunity to cure.
23 . ATTORNEY' S FEES . If either party (Operator or City) commences
an action against the other party arising out of or in connection
with this Agreement, the prevailing party shall be entitled to
recover reasonable attorney' s fees and costs of suit from the
losing party.
24 . CORPORATE AUTHORITY.
A. The persons executing this Agreement on behalf of the
parties hereto warrant that (i) such party is duly
organized and existing, (ii) they are duly authorized to
execute and deliver this Agreement on behalf of said
party, (iii) entering into this Agreement is not contrary
to the contentions of any party in any litigation
involving the parties hereto, (iv) by so executing this
Agreement, such party is formally bound to the provisions
of this Agreement, and (v) the entering into this
Agreement does not violate any provision of any other
Agreement to which said party is bound.
B. The Operator, and the agents and employees of the
Operator, in the performance of this Agreement, shall act
in an independent capacity and not as officers or
employees or agents of the City of Palm Springs, or the
Palm Springs Police Department .
25 . NOTICE. Any notice, demand, request, consent, approval, or
communication either party desires or is required to give to
the other party or any other person shall be in writing and
either served personally or sent by prepaid, first-class mail
to the address set forth below. Either party may change its
address by notifying the other party of the change of address
in writing. Notice shall. be deemed communicated at the time
personally delivered or in seventy-two (72) hours from the
time of mailing, if mailed as provided in this Section.
487/014084-000113058263.2 .03/17/97 -2 1-
To City: City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263-2743
Attn: City Manager and Police Chief
Copy to : Rutan & Tucker
611 Anton Boulevard, Suite 1400
Costa Mesa, CA 92626
Attn: David J. Aleshire, Esq.
26 . INTERPRETATION. The terms of this Agreement shall be
construed in accordance with the meaning of the language used and
shall not be construed for or against either party by reason of the
authorship of this Agreement or any other rule of construction
which might otherwise apply.
27. INTEGRATION: AMENDMENT. It is understood that there are no
oral agreements between the parties hereto affecting this Agreement
and this Agreement supersedes and cancels any and all previous
negotiations, arrangements, agreements and understandings, if any,
between the parties, and none shall be used to interpret this
Agreement. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing.
28 . SEVERABILITY. In the event that any one or more of the
phrases, sentences, clauses, paragraphs, or sections contained in
this Agreement shall be declared invalid or unenforceable by a
valid judgment or decree of a court of competent jurisdiction, such
invalidity or unenforceability shall not affect any of the
remaining phrases, sentences, clauses, paragraphs , or sections of
this Agreement which are hereby declared as severable and shall be
interpreted to carry out the intent of the parties hereunder unless
the invalid provision is so material that its invalidity deprives
either party of the basic benefit of their bargain or renders this
Agreement meaningless .
29 . NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES . No officer or
employee of the City shall be personally liable to the Operator, or
any successor in interest, in the event of any default or breach by
the City or for any amount which may become due to the Operator or
to its successor, or for breach of any obligation of the terms of
this Agreement .
30 . CONFLICT OF INTEREST. No officer or employee of the City
shall have any financial interest, direct or indirect, in this
Agreement nor shall any such officer or employee participate in any
decision relating to the Agreement which effects his financial
interest or the financial interest of any corporation, partnership
or association in which he is, directly or indirectly, interested,
in violation of any State statute or regulation. The Operator
warrants that it has not paid or given and will not pay or give any
third party any money or other consideration for obtaining this
Agreement.
487/014094-000113058263.2 .03117/97 -2 2-
31 . COVENANT AGAINST DISCRIMINATION. Operator covenants that, by
and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no
discrimination against or segregation of, any person or group of
persons on account of race, color, creed, religion, sex, marital
status, national origin, or ancestry in the performance of this
Agreement . Operator shall take affirmative action to insure that
applicants are employed and that employees are treated during
employment without regard to their race, color, creed, religion,
sex, marital status, national origin, or ancestry.
IN WITNESS WHEREOF, the parties have executed and entered into
this Agreement as of the date stated below for the Palm Springs
City Council .
CITY OF P 21
a m7 ' cipal corpora _
ATTEST:
J
By:
City—Clerk Ci y anager
APPROVED AS TO FORM:
City Attotn
OPERATOR: '
By: ,
am� itl)e
c' PCi.O`9M 'f.:oF�7'Pr'yli ,...,-:roa�'. ,,q P u t'� By:
BY ,l ._C� G5 .� Name Title v ,s�
Address :
487/0140&1-0001/3058263.2 .03/17197 -2 3 -
11
EXHIBIT "A"
CALIFORNIA VEHICLE CODE AND VehicleCODE LAWS
NOTE: The laws which govern a tow operator' s business and vehicle
operations are included in, but not limited to, this Exhibit . The
list of laws included herein :is intended as a general guide only.
It is the tow operator' s responsibility to know and comply with all
federal, and state statutes and all local ordinances relating to
his/her business operations; including those which are and are not
listed in this document, both any new statutes or ordinances
subsequently adopted, as well as, amendments, repeals, or
modifications of existing statutes and ordinances including but not
limited to those described in this Exhibit .
1 . GENERAL:
A. 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 (VehicleCode) .
B. The Operator and/or .his/her agents, who drive tow trucks,
shall be properly licensed in accordance with Section
12804 . 9 of the California Vehicle Code. Commercial
driver licenses must be endorsed to allow operation of
special vehicle configurations and/or special cargoes .
The following shows the correct license class and
endorsement for the vehicle or cargo being transported:
CLASS ENDORSEMENT
VEHICLE TYPE OF CARGO LICENSE CODE
Pulling more than one trailer A T
Transporting passenger for hire A or B P
Tank vehicle A or B N
Hazardous Materials A, B, or C H
Tank vehicle with hazardous A, B, or C X
materials
(a) Tow truck drivers shall have the proper class
of license and endorsements for the vehicle
and cargo being transported, as shown above.
(1) Whenever tank vehicles, double trailers,
and/or hazardous materials carriers are
towed or driven, the driver is required
EXHIBIT "A" TO
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487/014084-0001/3058263.2 n03/17/97 -1-
to possess the appropriate class of
license and endorsement .
(2) Empty buses can be towed without the
passenger transport endorsement, but the
tow truck driver must have the passenger
transport endorsement if the bus is
driven by him/her, even without
passengers .
(b) Tow truck drivers may obtain a Class A driver
license which is restricted to towing other
vehicles . The actual driving of damaged
vehicles or vehicles being services requires
that the Class A license not be restricted to
towing vehicles . Commercial vehicle operators
or operators of vehicles requiring a special
certificate must possess both the appropriate
license and certificate, and be in possession
of a valid medical card.
C. The operator shall comply with the provisions contained
in Division 4, Chapter 2 (Reports of Stored Vehicles) of
the VehicleCode.
D. The Operator shall comply with the provisions of Section
10854 of the VehicleCode.
E. The Operator shall comply with the provisions of Section
12110 of the VehicleCode.
F. The Operator shall comply with the provisions of Division
11, Chapter 9 , relating to stopping, standing, or
parking, and Chapter 10, relating to the removal and
disposition of vehicles .
G. Tow trucks shall comply with appropriate lighting and
equipment requirements for motor vehicles as contained in
the VehicleCode.
H. Tow trucks towing disabled legal vehicles or legal
combination of vehicles shall comply with the vehicle
size and weight limitations contained in Division 15 of
the VehicleCode.
1) Tow operators may obtain transportation permits,
which allow specific variances on these vehicle
length and weight limitations, through the
California Department of Transportation or local
authorities with respect to highways under their
respective jurisdictions .
EXHIBIT "A" TO
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487/014084-0001/3058263.2 .03117/97 -2-
1b
(a) The California Department of Transportation
issues permits to requesting operators on an
annual basis . The permit allows the movement
of disabled legal vehicles under the following
conditions :
(1) Disabled legal vehicles or legal
combinations of vehicles may be towed on
state highways to the nearest appropriate
place of repair, or nearest secure
storage area that is appropriate for the
vehicle or load, whichever is closest and
most accessible. It is not the intent of
this permit to allow these combinations
to be towed to their ultimate destination
for convenience, unless that destination
meets the foregoing criteria.
(2) Disabled legal vehicles or combination of
vehicles, when connected to a tow truck,
may exceed legal gross weight
limitations . When ne end of a truck or
truck tractor of legal weight is elevated
by a tow truck, the drive axles, the tow
truck and/or the drive axle (s) of the
disabled vehicle may exceed legal axle or
axle group weight limitations . If any
axle or axle group exceeds legal weight,
movement will be limited to specific
routes .
(b) Disabled vehicles or combination of vehicles
whose movement is authorized by a
transportation permit, or any disabled vehicle
or any combination of vehicles which, because
of damage, has incurred distortion in width or
height, causing the vehicle to be in excess of
legal dimensions, may be moved at the
direction of a peace officer or single trip
permit issued by the California Department of
Transportation.
(c) The driver of a tow truck, operating under a
transportation permit, shall comply with all
terms and conditions of the permit.
I. The operator shall comply with the provisions of Section
3068 through 3074 of the California VehicleCode.
J. The operator shall comply with Sections 182 , 470 and 532
of the California Penal Code, relating to fraud and
conspiracy to commit fraud.
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487/014084-0001/3058263.2 03/17/97 -3-
0 41
K. The operator shall comply with the provisions of Sections
17200 and 17500 of the California ' Business and
Professions Code, relating to fraudulent or unfair
business practice, or false or misleading statements .
2 . SPECIFIC CALIFORNIA VEHICLE CODE REQUIREMENTS RELATING TO TOW
TRUCKS :
A. Summarized California Vehicle Code Provisions :
1) Unlawful Advertising (25) . "It s unlawful for any
person to display any sign, mark, or advertising
indicating an official connection with either the
Department of Motor Vehicles or the Department of
California Highway Patrol unless such person as
lawful authority, permission, or right to make such
display. "
2) Tow Truck (615) .
" (a) A "tow truck" is a motor vehicle which has
been altered or designed and equipped for and
primarily used in the business of towing
vehicles by means of a crane, hoist, tow bar,
tow line, or dolly or is otherwise exclusively
used to render assistance to other vehicles .
A "roll-back carrier" designed to carry up to
two vehicles is also a tow truck. A trailer
for hire that is being used to transport a
vehicle is a tow truck. "Tow truck" does not
include an automobile dismantlers' vehicle. "
NOTE: A vehicle which is not exclusively used in
the business of towing vehicles nor used to render
assistance to other vehicles is not a "tow truck"
as defined above and need not comply with the
requirements of the California Vehicle Code
Sections cited. in this Exhibit . Such a vehicle
shall not be equipped with the flashing amber
warning lights permitted on "tow trucks" and is not
entitled to special parking privileges under
Section 22513 .
3) Portable Dolly (4014) . "Any portable or
collapsible dolly carried in a tow truck or in a
truck used by an automobile dismantler and used
upon a highway exclusively for towing disabled
vehicles is exempt from registration. "
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487/014084-0001/3058263.2 n03/17197 -4-
r 11
4) License Plates (5201) .
" (a) The rear license plate on a tow truck may be
mounted on the left-hand side of the mast
assembly at the rear of the cab of the
vehicle, :not less than 12 inches nor more than
90 inches from the ground. "
5) Tow Service Unlawful Acts (12110) .
" (a) Except as provided in subdivision (b) , no
towing service shall provide and no person or
public entity shall accept any direct or
indirect commission, gift, or any compensation
whatever from a towing service in
consideration of arranging or requesting the
services of a tow truck. As used in this
section, "arranging" does not include the
activities of employees or principals of a
provider of towing services in responding to a
request for towing services . "
6) Stopping or Parking (22513) . Section 22513
prohibits a tow truck operator or owner from
stopping at the scene of an accident or near a
disabled vehicle for the purpose of soliciting an
engagement for services, or furnishing any towing
services unless summoned to that accident scene or
disabled vehicle, or flagged down by the owner or
operator of the disabled vehicle or by a peace
officer. The tow truck driver or owner is also
prohibited from removing any vehicle from a highway
or public property, without the express written
authorization of the vehicle' s owner or operator,
or a law enforcement officer or agency, when the
vehicle has been left unattended or when there is
an injury as a result of an accident .
7) Stopping on Freeway (22520) . "No person shall stop,
park, or leave standing any vehicle upon a freeway
which has full control of access and no crossings
at grade except :
(a) When necessary to avoid injury or damage to
persons or property.
(b) When required by law or in obedience to a
peace officer or official traffic control
device.
(c) Any person actually engaged in maintenance or
construction on freeway property or any
EXHIBIT "A" TO
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487/014084-W01/3058263.2 .03/17/97 -5-
0 1P
employee of a public agency actually engaged
in the performance of official duties.
(d) Any vehicle which is so disabled that it is
impossible to avoid temporarily stopping and
any vehicle which has been summoned to render
assistance to a vehicle or person, including a
vehicle owned by the donor of free emergency
assistance, which has been summoned by display
upon or within a disabled vehicle of a placard
or sign given to the driver of the disabled
vehicle by the donor for the specific purpose
of summoning assistance, other than towing
service, from the donor.
(e) In locations where stopping, standing or
parking is specifically permitted; provided,
however, that buses may not top on freeway
unless sidewalks are provided with shoulders
of sufficient width to permit stopping without
interfering with the normal movement of
traffic and without the possibility of
crossing over fast lanes to reach the bus
stop.
(f) Any person reporting a traffic accident or
other situation or incident to a peace officer
or any person specified in subdivision (c) ,
either directly or by means of an emergency
telephone or similar device .
(g) The owner or operator of a tow truck operating
under an agreement with the California Highway
Patrol (Palm Springs Police Department) for
the purpose of rapid removal of impediments to
traffic.
8) Towing or Storage Charges ; Payment (22651 . 1) .
"Persons operating or in charge of any storage
facility where vehicles are stored pursuant to
Section 22651 shall accept a valid bank credit card
or cash for payment of towing and storage by the
registered owner, legal owner, or the owner' s agent
claiming the -vehicle. A person operating or in
charge of any storage facility who refuses to
accept a valid bank credit card shall be liable to
the registered owner of the vehicle for four times
the amount of the towing and storage charges, but
not to exceed five hundred dollars ($500) . In
addition, persons operating or in charge of the
storage facility shall have sufficient funds on the
EXHIBIT "A" TO
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487/014084-000113058263.2 .03/17197 -6-
0 11
premises to accommodate and make change in a
reasonable monetary transaction.
Credit charges for towing and storage services
shall comply with Section 1748 . 1 of the
VehicleCode. Law enforcement agencies may include
the costs of providing for payment by credit when
agreeing with a towing or storage provider on
rates . "
9) Release of the Vehicle (22850 . 3) .
(a) A vehicle placed in storage pursuant to
Section 22850 shall be released to the owner
or person in control of the vehicle only if
the owner or person furnishes, to the law
enforcement agency or employee who placed the
vehicle in storage, satisfactory proof of
current registration. The agency which caused
the vehicle to be stored may, in its
discretion, issue a notice to appear for the
registration violation, if the two days
immediately following the day of impoundment
are weekend days or holidays .
(b) At every storage facility there shall be
posted in a conspicuous place a notice to the
effect that a vehicle placed in storage
pursuant to Section 22850 may be released only
on proof of current registration or, at the
discretion of the impounding agency, upon the
issuance of a notice to appear for the
registration violation by the local agency
which caused the vehicle to be stored,
specifying the name and telephone number of
that local agency. "
10) Stoplamps , Taillamps , Reflectors (24600 , 24603
24607) . In addition to required lighting
equipment, tow trucks may be equipped with
additional stoplamps, taillamps, and rear
reflectors which may be mounted not lower than 15
inches nor higher than the maximum allowable
vehicle height and as far forward as the rearmost
portion of the driver' s seat in the rearmost
position. Such additional taillamps shall be
lighted whenever the headlamps are lighted.
11) Tow Trucks and Towed Vehicles (24605) .
" (a) A tow truck tow truck or an automobile
dismantler. ' s tow vehicle used to tow a vehicle
EXHIBIT "A" TO
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487/014094-0001/3058263.2 .03/17/97 -7-
• 11b
shall be equipped with and carry a taillamp, a
stoplamp, turn signal lamps, and a portable
electric extension cord for use in displaying
the lamps on the rear of the towed vehicle.
(b) Whenever a tow truck or an automobile
dismantler' s tow vehicle is towing a vehicle
and a stoplamp and turn signal lamps cannot be
lighted and displayed on the rear of the towed
vehicle, the operator of the tow truck or the
automobile dismantler' s tow vehicle shall by
means of an extension cord display to the rear
a stoplamp and turn signal lamps mounted on
the towed vehicle, except as provided in
subdivision (c) . During darkness, if a
taillamp on the towed vehicle cannot be
lighted, the tow truck or the automobile
dismantler' s tow vehicle operator shall by
means of an extension cord display to the rear
a taillamp mounted on the towed vehicle. No
other lighting equipment need be displayed on
the towed vehicle.
(c) Whenever any motor vehicle is towing another
motor vehicle, stoplamps and turn signal lamps
are not required on the towed motor vehicle,
but only if a stoplamp and turn signal lamp on
each side of the rear of the towing vehicle is
plainly visible to the rear of the towed
vehicle. This subdivision shall not apply to
driveaway-towaway operations . "
12) Utility Flood Lights (25110) . Tow trucks that are
used to tow disabled vehicles may be equipped with
utility flood or loading lamps mounted on the rear,
and sides, which project a white light illuminating
an area to the side or rear of the vehicle for a
distance not to exceed 75 feet at the level of the
roadway. Tow trucks may display such utility flood
lights only during the period of preparation for
towing at the location from which a disabled
vehicle is to be towed. The flood lamps shall not
be lighted during darkness, except while the
vehicle is parked, nor project any glaring light
into the eyes of an approaching driver.
13) Warning Lamps on Tow Trucks (25253) . Tow trucks
used to tow disabled vehicles shall be equipped
with flashing amber warning lamps . Tractor-trailer
combinations are exempt from this requirement . Tow
trucks may display flashing amber warning lamps
while providing service to a disabled vehicle. A
EXHIBIT "A" TO
TOWING & STORAGE SERVICES AGREEMENT
487/014094-0001/3058263.2 .03/17/97 - $-
0 46
flashing amber warning lamp upon a tow truck may be
displayed to the rear when such tow truck is towing
a vehicle and moving at a speed slower than the
normal flow of traffic.
Note: Vehicles used by automobile dismantlers to
tow disabled vehicles may be equipped with flashing
amber warning lights . Vehicles used by service
stations or garages to occasionally render
assistance to disabled vehicles are not tow trucks
and are not permitted to be equipped with flashing
amber warning lamps .
14) Use of Flashing Amber Warning Light (25268) . "No
person shall display a flashing amber warning light
on a vehicle as permitted by this code except when
an unusual traffic hazard exists . "
15) Warning Devices on Disabled or Parking Vehicles
_(25300) .
" (a) Every vehicle which, if operated during
darkness, would be subject to the provisions
of Section 25100, and every truck tractor
irrespective of width, shall be equipped with
at least three red emergency reflectors . The
reflectors need be carried by only one vehicle
in a combination. All reflectors shall be
maintained in good working condition.
(b) When any such vehicle is disabled on the
roadway during darkness, reflectors of the
type specified in subdivision (a) shall be
immediately placed as follows :
(1) One at the traffic side of the disabled
vehicle, not more than 10 feet to the
front or rear thereof;
(2) One at a distance of approximately 100
feet to the rear of the disabled vehicle
in the center of the traffic lane
occupied by such vehicle; and
(3) One at a distance of approximately 100
feet to the front of the disabled vehicle
in the center of the traffic lane
occupied by such vehicle;
(4) If disablement of any such vehicle occurs
within 500 feet of a curve, crest of a
hill or other obstruction to view, the
EXHIBIT "A" TO
TOWING & STORAGE SERVICES AGREEMENT
4871014094-0001/3058263.2 a03117197 -9 -
driver ' shall so place the reflector in
that direction as to afford ample warning
to other users of the highway, but in no
case less than 100 nor more than 500 feet
from the disabled vehicles .
(5) If disablement of the vehicle occurs upon
any roadway of a divided or one-way
highway, the driver shall place one
reflector at a distance of approximately
200 feet and one such reflector at a
distance of approximately 100 feet to the
rear of the vehicle in the center of the
lane occupied by the stopped vehicle, and
one such reflector at the traffic side of
the vehicle not more than 10 feet to the
rear of the vehicle.
(c) When any such any such vehicle is disabled or
parked off the roadway but within 10 feet
thereof during darkness, warning reflectors of
the type specified in subdivision (a) shall be
immediately placed by the driver as follows :
One at a distance of approximately 200 feet
and one at a distance of approximately 100
feet to the rear of the vehicle, and one at
the traffic side of the vehicle not more than
10 feet to the rear of the vehicle. The
reflectors shall, if possible, be placed
between the edge of the roadway and the
vehicle, :but in no event less than 2 feet to
the left of the widest portion of the vehicle
or load thereon.
(d) Until the reflectors required by this Section
can be placed properly, the requirements of
this Section may be complied with temporarily
by either placing lighted red fuses in the
required locations or by use of turn signal
lamps, but only if front turn signal lamps at
each side are being flashed simultaneously.
(e) The reflectors shall be displayed continuously
during darkness while the vehicle remains
disabled upon the roadway or parked or
disabled within 10 feet thereof .
(f) Subdivisions (b) , (c) , (d) , and (e) do not apply
to a vehicle under either of the following
circumstances :
EXHIBIT "A" TO
TOWING & STORAGE SERVICES AGREEMENT
4871014094-000113058263.2 .03117197 _ 10-
(1) Parked in a legal position within the
corporate limits of any city.
(2) Parked in a legal position upon a roadway
bounded by adjacent curbs .
(g) In addition to the reflectors specified in
subdivision (a) , an emergency warning sign or
banner may be attached to a vehicle which is
disabled upon the roadway or which is parked
or disabled within 10 feet of a roadway. "
16) Use of Fuses (25305) .
" (a) No person shall place, deposit, or display
upon or adjacent to any highway any lighted
fuses, except as a warning to approaching
vehicular traffic or railroad trains, or both,
of an existing hazard upon or adjacent to the
highway or highway-railroad crossing.
(b) It is unlawful to use any fuses which produces
other than a red light. "
17) Brakes (26453 26454 , 26458) . Disabled motor
vehicles equipped with power brakes are exempt from
the provisions of Vehicle Code Section 26458 which
requires a single control on the towing vehicle to
operate the brakes on the towed vehicle. Such
combinations must meet the stopping distance
requirement of 50 feet from an initial speed of 20
miles per hours . The service brakes on the tow
truck shall be adequate to control the movement of
and stop and hold the combination of vehicles under
all conditions and on any grade on which they are
operated. Brakes are required to be maintained in
good working order at all times .
18) Broom, Shovel and Extinguisher (27700) .
" (a) Tow trucks shall be equipped with and carry
all of the following:
(1) One or more brooms, and the driver of the
tow truck engaged to remove a disabled
vehicle from the scene of an accident
shall remove all glass and debris
deposited upon the roadway by the
disabled vehicle which is to be towed;
(2) One or more shovels, and whenever
practical the tow truck driver engaged to
EXHIBIT "A" TO
TOWING & STORAGE SERVICES AGREEMENT
487/014084-0001/3058263,2 .03117/97 -11-
remove any disabled vehicle shall spread
dirt upon that portion of the roadway
where the oil or grease has been
deposited by the disabled vehicle;
(3) One or more fire extinguisher of the dry
chemical or carbon dioxide type with an
aggregate rating of at least 4-B, C units
and bearing the approval of a laboratory
nationally recognized as properly
equipped to make such approval .
19) Signs , Tow Trucks (27907) . "There shall be
displayed in a conspicuous place on both the right
and left side of a tow truck or an automobile
dismantler' s tow vehicle used to tow vehicles a
sign showing the name of the company or the owner
or operator of the tow truck or the automobile
dismantler' s vehicle. The sign shall also contain
the business address and telephone number of the
owner or driver. The letters of the sign shall be
not less than 2 inches in height and the lettering
shall be in contrast to the color of the background
upon which they are placed. "
NOTE : California Vehicle Code Section 25 prohibits
the display of any sign, mark, or advertisement
indicating an official connection between any tow
service and the California Highway Patrol .
20) Safety Chains (29004) .
" (a) Every towed vehicle shall be coupled to the
towing vehicle or tow truck by means of a
safety chain, cable, or equivalent device in
addition to the regular drawbar, tongue or
other connection.
(b) All safety connections and attachments shall
be of sufficient strength to control the towed
vehicle in event of failure of the regular
hitch, coupling device, drawbar, tongue or
other connection. All safety connections and
attachments also shall have a positive means
of ensuring that the safety connection or
attachment does not become dislodged while in
transit .
(c) No more slack shall be left in a safety chain,
cable or equivalent device than is necessary
to permit proper turning. When a drawbar, as
defined in Section 300, is used as the towing
EXHIBIT "A" TO
TOWING & STORAGE SERVICES AGREEMENT
4871014084-000113058263.2 A03117/97 -12 -
connection, the safety chain, cable or
equivalent: device shall be connected to the
towed and towing vehicle and to the drawbar so
as to prevent the drawbar from dropping to the
ground if the drawbar falls . "
EXHIBIT "A" TO
TOWING & STORAGE SERVICES AGREEMENT
487/014094-0001/3058263.2 u03117197 -1 3-
46
EXHIBIT "B"
EQUIPMENT SPECIFICATIONS AND USE REQUIREMENTS
1. GENERAL EOUIPMENT SPECIFICATIONS AND USE EQUIPMENT:
A. Tow Truck and Car Carrier Classifications : Tow truck and
care carrier classifications are based on the truck
chassis GVWR, and the classification system used by the
American Trucking Association (ATA) and truck
manufacturers .
ATA and Manufacturers Classification CHP Rotation Classification
a. Class 3 - 10,000-14, 000 lbs. GVWR (Class A Tow Trucks)
b. Class 4 - 14,001-16, 000 lbs. GVWR (Class A Tow Trucks)
c. Class 5 - 16, 001-19,500 lbs. GVWR (Class A Tow Trucks)
d. Class 6 - 19,501-26, 000 lbs. GVWR (Class B Tow Trucks)
d. Class 7 - 26,001-33,000 lbs. GVWR (Class B Tow Trucks)
e. Class 8 - 33,001-or more GVWR (Class B Tow Trucks)
B. Equipment Limitations . All towing equipment, recovery
equipment, and carrier ratings are based on structural
factors only. Actual towing, carrying, and recovery
capacity may be limited by the capacity of the chassis
and the optional equipment selected.
C. Towing Limitations
1) The total weight of the truck, including the lifted
load, shall fall within the GVWR and not exceed
either the front axle weight- ratings (FAWR) or rear
axle weight ratings RAWR) .
2) The truck must meet all applicable state and/or
federal standards .
3) The front axle load must be at least 500- of its
normal or unladen weight after the load is lifted.
D. Identification Labels . Each piece of towing equipment
shall have a label or identification tag permanently
affixed to the equipment in a prominent location to
identify the manufacturer, serial number, model, and
rated capacity.
E. Recovery Equipment Rating. The basic performance rating
of the recovery equipment is the weight the equipment can
lift in a winching mode, when the boom is static at a 30
degree elevation with the load lines vertical and the
lifting cables sharing the load equally, measured with a
live load (weight or load cell) .
EXHIBIT "B" TO
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• fib
1) The structural design of the recovery equipment
must have a higher load capacity than the
performance rating (s) .
2) Winches shall conform to or exceed the
specifications set forth by the Society of
Automotive Engineers (SAE) Handbook, SAE J706 .
3) All ratings for cable and chain assemblies are for
the undamaged assembly condition. All cable and
chain assemblies should be the same type,
construction, and rating as specified by the
original equipment manufacturer (OEM) for the
equipment .
F. Safety Chains . Safety chains shall be rated at no less
than the rating specified by the OEM.
1) Two safety chains shall be used for vehicles being
towed. The safety chains shall be securely affixed
to the truck bed frame or wrecker boom, independent
of the towing sling, bar or hitch, wheel lift, or
underlift towing equipment . The towed vehicle
shall be secured to the towing equipment
independent of the safety chains by either two
chains or two straps .
2) Vehicles being transported on slide back carriers
shall be secured by four tie-down chains or straps
independent of the winch or loading cable.
3) All safety connections and attachments shall have a
positive means of sufficient strength, to ensure
that the safety connection or attachment cannot
become disengaged while in transit.
G. Control/Safety Labels . All controls shall be clearly
marked to indicate proper operations, as well as any
special warnings or cautions .
H. Signs . All tow trucks shall display signs on both sides
containing the operator' s company name, business address ,
and telephone number. The signs shall be permanently
affixed and in compliance with the requirements of
Section 27907 VC.
I . Wire Roger (Cable) . Wire rope shall be maintained in
good condition. Only wire rope with swaged ends, wedge
locks , or braided ends , with metal sleeves in the loops,
shall be approved for use by the CHP . Consistent with
the California Code of Regulations, Title 13, Section
1305 (b) , wire rope is not in good condition when it is
EXHIBIT "B" TO
TOWING & STORAGE SERVICES AGREEMENT
497/014094-0001/3059263.2 a03/17/97 -2-
stranded, knotted, crushed, excessively rusty, kinked,
badly worn, when there are 12 or more wires broken in lay
length, or where there is other visible evidence of loss
of strength.
2 . TOW TRUCK CLASSIFICATIONS AND EQUIPMENT SPECIFICATIONS
A. Class A Tow Truck Minimum Equipment Specifications
1) 10 , 000 pound GVWR chassis .
2) 4-ton recovery equipment rating.
3) Hydraulic or mechanical winch(es) .
4) 100 ft. 3/8 " x 19 cable or original equipment
manufacturer' s (OEM) specifications .
5) Tow chains, 5/16" alloy or OEM specifications, J/T
hook assembly.
6) Safety chains, 5/16" alloy or OEM specifications .
7) Tow sling rating 3 , 000 pounds, when equipped.
8) Wheel lift safety straps or equivalent mechanical
device.
9) All required wheel safety straps, or equivalent
wheel retention device, tie-down straps, and safety
chains shall be used during towing operations .
10) Tow dolly.
11) One 3 -ton snatch block.
12) Wheel lift rating -
retracted . . . . . . . . 3 , 000 pounds .
8511 extension . . . . . . . . 3 , 000 pounds .
B. Class A Car Carrier One Car Minimum Equipment
Specifications
1) 10, 000 pound G\7WR chassis .
2) Hydraulic or mechanical winch.
3) 50 ft . 3/8" 6 x 19 cable or OEM specifications .
4) J/T hook loading bridle/chains .
5) Safety chains, 5/16" alloy or OEM specifications;
four safety chains for the vehicle being
transported.
6) All required tie-down straps and safety chains
shall be used as required during towing operations .
C. Class A Car Carrier - Two Cars Minimum Equipment
Specifications
1) 16, 001 pound GVWR chassis .
2) Hydraulic or mechanical winch.
Measured from the center line of the rear axle of the
towing vehicle to 10 inches behind the back face of the lifting
bar.
EXHIBIT "B" TO
TOWING & STORAGE SERVICES AGREEMENT
487/014084-0001/3058263.2 n03/17/97 -3 -
0 46
3) 50 ft. 3/8" 6 x 19 cable or OEM specifications .
4) J/T hook loading bridle/chains .
5) Safety chains 5/16" alloy or OEM specifications;
four safety chains for the vehicle being
transported and two safety chains for the vehicle
being towed.
6) All required tie-down straps and safety chains
shall be used during towing operations .
D. Class B Tow Truck Minimum Equipment Specifications
1) 19 , 501 pound GVWR chassis .
2) Air brakes or hydraulic w/air hookup package.
3) 14-ton recovery equipment rating.
4) Hydraulic or mechanical winch (es) .
5) 150 ft . 7/16" 6 x 10 cable or OEM specifications .
6) Tow chains, 1/211 alloy or OEM specifications .
7) Safety chains, 1/2 " alloy or OEM specifications .
8) Tow sling rating 7, 000 pounds .
9) Two 8-ton snatch blocks .
10) Wheel lift safety straps or equivalent mechanical
device.
11) All required wheel safety straps, or equivalent
wheel retention device, tie-down straps, and safety
chains shall be used during towing operations .
12) Wheel lift or under lift rating -
retracted . . . . 10, 000 pounds .
85 " extension" . . . . . 8 , 000 pounds .
E. Class B Car Carrier Minimum Equipment Specifications
1) 19 , 501 pound GVWR chassis .
2) Hydraulic or mechanical winch.
3) 50 ft. 3/8 " 6 19 cable or OEM specifications .
4) J/T hook loading bridle/chains .
5) Safety chains, 5/16" alloy or OEM specifications;
four safety chains for each vehicle being
transported and two safety chains for the vehicle
being towed.
6) All required tie-down straps and safety chains
shall be used during towing operations .
Measured from the center line of the rear axle of the
towing vehicle to 10 inches behind the back face of the lifting bar
or from the center line of the rear axle to the center of the lift
forks .
EXHIBIT "B" TO
TOWING & STORAGE SERVICES AGREEMENT
4971014084-0001/3058263.2 A03/17197 -4-
F. Class C Tow Truck Minimum Equipment Specifications
1) 33 , 000 pound GVWR chassis .
2) Air brakes w/air hookup package and single control
compressor.
3) 25-ton recovery equipment rating.
4) Hydraulic or mechanical winch(es) .
5) 200 ft . 5/8" 6 x 19 cable or OEM specifications .
6) Tow chains, 5/8 " alloy or OEM specifications .
7) Safety chains, 5/8" alloy or OEM specifications .
8) Tow sling rating 12, 000 pounds .
9) Two 12 ton snatch blocks .
10) Under lift rating -
retracted . . . . . . 25 , 000 pounds .
100" extension"' . . . . . . 12 , 000 pounds .
G. Class D Tow Truck Minimum Equipment Specifications
1) 50, 000 pound GVWR chassis .
2) Air brakes w/air hookup package.
3) 30-ton recovery equipment rating.
4) Hydraulic or mechanical winch (es) .
5) 250 ft . 3/4" 6 x 19 cable or OEM specifications .
6) Tow chains, 5/8 " alloy or OEM specifications .
7) Safety chains, 5/8 " alloy or OEM specifications .
8) Tow sling rating 20, 000 pounds .
9) Two 12-ton snatch blocks .
10) Under lift rating -
retracted . . . . . . 32 , 000 pounds .
100" extension"" . . . . . . 16, 000 pounds .
3 . AUXILIARY EQUIPMENT
A. Required Equipment All Classes
1) Extension - Brake and tail lamps .
2) Fire Extinguisher (Approved 4-B, C rating or
better) .
3) Flashlight .
4) Broom.
5) Shovel .
6) Wrecking bar (large pry bar) .
7) Reflective triangles .
8) Equivalent of six 30-minute flares .
9) Covered trans can (s) with absorbent .
Measured from the center line of the rear axle to the
center line of the lift forks .
Measured from the center line of the rear axle to the
center line of the lift forks .
EXHIBIT "B" TO
TOWING & STORAGE SERVICES AGREEMENT
487/014084-000113058263.2 a03/17/97 -5-
10) Shop rags and/or paper towels .
11) Shop to truck communications (C/B and cellular
phones excluded) .
B . Service and Other Equipment - (For service calls, each
tow truck shall be equipped with the following service
equipment) :
1) Adequate emergency supply of fuel in an approved
container.
2) Booster battery or hot box starting system.
3) Hydraulic jack capable of handling passenger cars
and light trucks .
4) Metric and standard lug wrenches .
5) Rubber mallet/hub cap tool .
6) Lockout tools .
7) Motorcycle straps (Class A only) .
8) Sledge hammer.
9) Tool kit may include:
(a) Assorted open end wrenches; standard 1/4" -
7/8" and Metric, 6-19mm.
(b) Assorted screwdrivers; Straight blade and
Phillips .
(c) Crescent wrench.
(d) Ball peen hammer.
(e) Pliers .
(f) Battery and terminal cleaning tools .
(g) Mechanic' s wire.
(h) Plastic electrical tape/duct tape.
(i) Tire valve core tool .
(j ) Miscellaneous fuses .
(k) Small pry bar.
(1) Socket Sets; 1/4" - 1" and 6-19mm.
(m) Ratchet and extensions .
C. Class A Required Equipment
1) One 3-ton rated snatch block.
2) Towing sling - J/T hook tow chain assembly, a 4" x
4" x 48 " and a 411 x 4" x 60" wooden crossbeam, a
pair of spacer blocks, a steering wheel clamp, a
towing dolly, and safety chains .
3) Wheel lift - Wheel safety straps or equivalent
mechanical device, steering wheel clamp, towing
dolly, and safety chains .
4) Car carrier - J/T Hook loading bridle, a 4" x 4" x
48 " and 4" x 4" x 60" wooden crossbeam, a pair of
spacer blocks, and two pairs of safety chains .
EXHIBIT "B" TO
TOWING & STORAGE SERVICES AGREEMENT
487/014084-000113058263.2 a03117197 -6-
�w • ��
D. Class B Required Equipment
1) Towing sling - J/T hook tow chain assembly, a 4" x
4 " x 48 " and a 4 " x 4" x 60" wooden crossbeam, a
pair of spacer blocks, a steering wheel clamp, a
towing dolly, and safety chains .
2) Wheel lift - Wheel safety straps or equivalent
mechanical device, steering wheel clamp, towing
dolly, and safety chains .
3) Truck hitch - Tow chain assembly, 4" x 4" x 60 " and
6" x 6" x 60 " wooden crossbeams (as necessary) ,
aluminum tow angle (s) , and safety chains .
4) Under lift - Assortment of lift forks/adapters,
safety tie-down chains, and safety chains .
(a) Two 8-ton rated snatch blocks .
(b) Axle covers/caps.
(c) Air hoses and necessary fittings to provide
air to the towed vehicle.
E. Classes C and D Required Equipment
1) Towing sling - Tow chain assembly, 4" x 4 " x 60 "
and 6" x 6 " x 60" wooden crossbeam, a pair of
spacer blocks, a steering wheel clamp, and safety
chains .
2) Truck hitch - Tow chain assembly, 4" x 4" x 60" and
6" x 6" x 60 " wooden crossbeams (as necessary) ,
aluminum tow angle (s) , and safety chains .
3) Under reach - Assortment of lift forks/adapters,
safety tie-down chain (s) , and safety chains .
(a) Steering wheel clamp.
(b) Two 12-ton rated snatch blocks .
(c) Axle covers/caps .
(d) Air hoses and necessary fittings to provide
air to the towed vehicle.
EXHIBIT "B" TO
TOWING & STORAGE SERVICES AGREEMENT
487/014084-0001/3058263.2 n03117197 —7—
• /,
EXHIBIT "C"
RATES FOR TOWING AND STORAGE SERVICES REQUESTED BY THE
PALM SPRINGS POLICE DEPARTMENT
1 . The following rate structure shall apply for all towing and
storage services requested by the City of Palm Springs Police
Department and shall be applicable for the first three (3)
years of the Agreement:
A. BASE TOWING RATE: $75 . 00 PER HOUR
The base rate per tow shall apply to all towed passenger
vehicles and trucks rated at less than 10, 000' lbs . gross
vehicle weight. This rate also applies to difficult
removal work involving the removal of vehicles from deep
ditches or flood control channels or burning apart of two
entangled vehicles .
B. HEAVY DUTY HOURLY TOWING RATE:
1 . TWO (2) AXLE CATEGORY: $85 . 00 PER HOUR
(No Minimum)
The two (2) axle category shall apply to all towed
vehicles with a rate capacity of 10, 000 lbs . gross
vehicle weight to, but not including, vehicles with
30 , 000 lbs . gross vehicle weight .
2 . THREE (3 ) AXLE CATEGORY: $135 . 00 PER HOUR
(2 Hour Minimum)
The three (3) axle hourly rate shall apply to all
towed vehicles with a rate capacity of 30 , 000
pounds gross vehicle weight or more.
The hourly rate for all heavy duty towing (two and
three axle) shall all commence when the tow truck
arrives on the scene and includes difficult removal
work involving the removal of vehicles from deep
ditches or flood control channels, burning apart
two entangled vehicles, uprighting overturned
vehicles, and the use of special equipment and
preparation prior to towing.
EXHIBIT "C" TO
TOWING & STORAGE SERVICES AGREEMENT
487/014094-0001/3058263.2 n03/17/97 -1-
C. CHARGES FOR RELATED SERVICES
1 . LOCK OUT: $35 . 00
(if towing is not required)
The standard charge for opening locked vehicles is
$35 . 00 where no towing is involved. If towing is
involved, there shall be no additional charge for
unlocking a locked vehicle.
2 . DOLLY: $20 . 00
The standard charge for using a dolly in the towing
work shall be $20 . 00 . However, such charge shall
be made only when both front wheels and both rear
wheels are unserviceable or when either the front
wheels or the rear wheels are unserviceable by
installing the vehicle spare wheel and tire or
vehicles that cannot be towed in the conventional
manner.
D. STORAGE : (Per Day)
1 . Automobiles $15 . 00 Per Day
2 . Motorcycles $10 . 00 Per Day
3 . Trucks, 1 ton under 20' $20 . 00 Per Day
4 . Trucks, over 20 ' $20 Per Day/Per Unit
The standard rate per vehicle for storage of automobiles
or pickup trucks shall be $15 per twenty-four hour
period, or any portion thereof
Standard rates for truck 1 ton, two (2) axle, shall be
$20 per twenty-four hour period or any portion thereof;
trucks over 20 feet, three axle, shall be $20 per unit,
per twenty-four hour period, or any portion thereof .
E. ADDITIONAL CONDITIONS :
1. Above towing charges shall apply regardless of the
location from which the tow is made or the location
of the storage area or garage where the vehicle is
delivered. Such towing charges shall include
clearing and cleanup of accident site, as required
by the PSPD.
2 . There shall be no additional charge for righting an
overturned passenger car or light pickup truck, if
towing is involved.
EXHIBIT "C" TO
TOWING & STORAGE SERVICES AGREEMENT
487/014084-0001/3058263.2 .03/17/97 -2-
ID
3 . There shall be no additional charge for
disconnecting a drive shaft where required for
towing.
4 . The service of reconnecting the drive shaft, in the
event such reconnecting is necessary, shall be
performed without additional charge.
5 . Should there be a dispute over the charges made for
towing and/or storage of vehicles, or charges for
other services, said dispute shall be decided by
the Police Chief, or his duly authorized
representative, and Operator shall not make any
demand upon the owner of the vehicle for a sum in
excess of the amount determined by the Police Chief
or his authorized representative.
F. RATE SCHEDULE
1 . The rates charged by the Operator for towing and
storage services shall be applicable for the first
three (3) year period of this Agreement . Should
there be a dispute regarding the fees and charges
for towing and/or storage of vehicles or other
charges, said dispute shall be decided by the Palm
Springs Police Chief, or his designee. Such
decision by the Police Chief, or his designee,
shall be final and binding upon the Operator; and
Operator shall not make any demand upon the owner
of the vehicle for a sum in excess of the amount
determined by the Police Chief, or his designee.
2 . Posting Rate Schedules . Operator shall post and
maintain a sign or signs which have received the
approval of the Police Chief, or his designee, in a
conspicuous place or places on Operator' s premises,
in a location designated by the Palm Springs Police
Chief, or his designee, which gives notice of :
(a) The approved Rate Schedule for towing and
storage services under this Agreement, and
(b) Method of payment (s) which are acceptable,
which include credit cards and U. S . currency,
and
(c) Stating that a written receipt shall be
supplied by Operator for amount of payment
received, and
(d) The telephone number and address of the Palm
Springs Police Chief, or his designee.
EXHIBIT "C" TO
TOWING & STORAGE SERVICES AGREEMENT
437/014034-0001/3058263.2 .03/17/97 -3 -
f 0 10
G. COLLECTION OF FEES IMPOSED BY AND ON BEHALF OF THE CITY.
1 . Operator understands and accepts that it is
Operator' s obligation to collect any fees imposed
by, and on behalf of, the City of Palm Springs
related to towing, storage, release of vehicles,
including but not limited to, vehicles stored/
impounded for State violations .
2 . Release of Vehicles stored as a result of a State
Vehicle Code violation. This one time fee of
$37 . 00 per vehicle, is for the purpose of
recovering PSPD costs in enforcing State law. This
fee is not charged when vehicles are stored/
impounded pursuant to authority of the Palm Springs
Municipal Code nor when the vehicle stored has been
Previously listed as stolen. Operator will collect
this fee on behalf of the City. Operator shall
provide the PSPD copies of all documents relating
to the transaction.
3 . All vehicle impounds, storage, and forfeitures
resulting from City enforcement of California
Vehicle Code 14602 . E and 14607 . 6 and any related
statutes, shall be subject to this Agreement :
(a) Operator agrees to pay the City an amount
equivalent to one third (1/3) of any and all
storage fees, including any partial payment
thereof, received by Operator with respect to
vehicles impounded or forfeited under
California Vehicle Code 14602 . E and 14607 . 6 .
The actual source of storage fee payment shall
have no bearing on Operator' s responsibility
to pay the City under this provision and shall
include, proceeds that Operator may receive
from an auction or other sale of a forfeited
vehicle . All money owing to the City under
this provision shall be paid within thirty
(30) days of fee collection by Operator.
(b) Operator shall provide PSPD with copies of all
lien sale transactions and/or copies of all
documents related to these transactions .
EXHIBIT "C" TO
TOWING & STORAGE SERVICES AGREEMENT
487/014084-0001/3058263.2 a03/20/97 -4-
w • "
EXHIBIT I'D"
STATEMENT OF WORK AND OPERATOR' S RESPONSIBILITIES
A. Personnel : The Operator shall retain an adequate number of
trained and properly licensed (as required by Vehicle Code
Section 12804) personnel assigned to perform the work
described in this Agreement .
B. Lien Sales : The Operator shall be able to properly conduct a
lien sale as outlined in Section 22851 . 1 of the Vehicle Code.
C. Towing Operations Scope of Responsibility: It shall be the
Operator' s responsibility to tow and store vehicles as
requested by the PSPD, including, but not limited to:
Vehicles impounded for evidence or taken into custody by the
PSPD; Vehicles involved in accidents or disabled for other
causes (when alternative towing is either not appropriate or
not requested by the owner or operator of the vehicle) ; and,
vehicles which for other reasons are within the jurisdiction
of the PSPD; the removal of debris resulting from accidents
and the necessary work preliminary to towing, such as removal
of vehicles from ditches, righting said vehicles, separating
entangled vehicles, disconnecting drive shafts, and other such
work as shall be required in connection with the towing
operations .
1. Alternate Call Basis for Towing Services :
Within fifteen (15) days after the execution of this
Agreement by City, the Police Chief, or his designee,
shall establish a Rotation Schedule for all towing
companies with valid Agreements with the City. The
towing services portion of this Agreement will thereafter
be rotated amongst the eligible Operators by the Police
Chief, or his designee, in accordance with the Rotation
Schedule. The City at its sole option, reserves the
right to place a call for towing or storage service out
of rotation in one or more of the following events :
a. Multiple vehicle accident exceeding the stated
capacity of the Operator on-line for the call,
and/or
b. Vehicle is in a category (Axle/gross weight) which
exceeds capability of Operator to tow, and/or
C . Operator is unable to respond in a timely manner,
as described herein.
EXHIBIT I'D" TO
TOWING & STORAGE SERVICES AGREEMENT
487/014084-0001/3058263.2 .03/17/97 -1-
lop 0 40
In the event a call is placed out of rotation,
except as provided in Section 3 below, the next
call will be placed to the next Operator on the
Rotation Schedule with capability to respond, and
the Operator passed over loses their place in the
rotation until the next cycle .
2 . Response Time:
a. Average Response Time: The Operator' s response to
calls from the PSPD for towing service shall not
exceed an average of fifteen minutes from the time
the Operator received the request from the PSPD to
the time the tow vehicle arrives at the location
from which the tow is to be made. Said fifteen
minute average response time shall be computed
based upon any randomly selected one hundred
instances of calls for service. Operator shall
record pertinent times on calls received and
dispatches to each tow unit by time clock method
approved by the Police Chief, or his designee.
b. Maximum Response Time: • In no event shall the
response time exceed twenty minutes . If Operator
has not arrived on the scene within the twenty
minute maximum time, the PSPD may request a tow
vehicle from the next Operator on the Rotation
Schedule, and the Operator may not take the tow and
must wait until the next cycle of the Rotation
Schedule.
Notwithstanding the foregoing, if the Operator' s
dispatcher, at the time the call is placed,
notifies the PSPD that a tow unit cannot respond
within the maximum response time and gives, in the
sole and absolute discretion of the Police Chief,
or his designee, a reasonable cause therefore,
which is beyond the control and without the fault
or negligence of the Operator, then Operator will
not lose their turn in the Rotation Schedule, but
will be given the next call .
C. Excused Response. The response time specified in
this Agreement shall be extended because of any
delays due to unforeseen causes beyond the control
and without the fault or negligence of the
Operator, including, but not restricted to, acts of
God or the public enemy, unusually severe weather,
fires, earthquakes, floods, epidemics, quarantine
restrictions, riots, strikes, freight embargoes ,
material shortages beyond the parties' control,
wars, litigation, and/or acts of any governmental
EXHIBIT "D" TO
TOWING & STORAGE SERVICES AGREEMENT
487/014084-0001/3058263.2 .03117/97 -2-
r OP
agency, including the City, if the Operator shall,
within fifteen minutes of the commencement of such
delay, notify the Police Chief, or his designee,
via telephone of the cause (s) of the delay.
The Police Chief, or his designee, shall ascertain
the facts and the extent of the delay, and extend
the time for performing the services for the period
of the enforced delay when and if in the judgment
of the Police Chief, or his designee, such delay is
justified, and the Police Chief' s, or his
designee' s, determination shall be final and
conclusive upon the parties to this Agreement .
Failure to maintain, at all times, the Average
Response Time or failure to meet the Maximum
Response Time, on three or more occasions within
any 3GS day period, shall be a material default,
constituting grounds for termination of this
Agreement in accordance with Section 18 of the
Agreement, unless determined to be an Excused
Response Time.
3 . Inventory: A detailed written inventory of all personal
property in any vehicle which is towed and stored or
towed and impounded will be completed by the Police
Department employee requesting Operator' s services , and
the tow operator shall complete the appropriate section
on the Police Department' s form and shall sign said form.
A copy of said signed form shall be given to the tow
truck driver and shall be retained by the Operator.
Whenever any item is removed from a stored vehicle and
taken to another place of storage, Operator shall provide
a receipt, with a copy placed in the stored vehicle and
a copy given to the Police Department.
4 . Condition of Tow Site : Operator shall not leave any tow
site without cleaning the location sufficient to restore
normal traffic patterns, except upon the written approval
of the PSPD Officer-in-Charge.
D. Service Complaints : Operator shall post notice at least 8
1/211 x 11" informing the public of the right to make
complaints regarding service provided by the Operator, and
shall include the name and location where complaints can be
made to City. Operator shall notify the PSPD, in writing,
within seventy-two (72) hours of any complaints made to the
Operator regarding the performance of service in connection
with towing or storage, or concerning rates, charges of fees,
or any claims , or any legal actions filed, delivered or served
upon or instituted against the Operator or any of it' s agents,
officers or employees .
EXHIBIT "D" TO
TOWING & STORAGE SERVICES AGREEMENT
4871014094-0001/3059263.2 .03/17197 -3-
.. 0 10
E. Accounting/Audits : Operator shall also keep accurate records
of all gross receipts earned as a result of the business
conducted under the Agreement, excepting therefrom all sales
and excise taxes . Receipts shall be issued to all customers .
The records must be supported by source documents such as
receipt slips, cash register tapes, invoices or other
pertinent information. All charges, fees and receipts shall
be recorded by means of cash registers, which shall be
equipped with devices which lock in the totals and other
records of transactions or with counter which cannot be reset,
which record transaction number and receipt details . Operator
shall read and record the totals at the beginning and end of
each calendar day. Such records must be available at all
times and shall be subject to inspection, review and audit
during the entire Agreement period by the Police Chief, or his
designee, or the City Finance Director or his representative.
Such audits may be conducted at the discretion of the Police
Chief, or his designee, or the Finance Director, either
unannounced or by appointment. Operator' s failure to have
records of all gross receipts immediately available for audit
shall be cause for termination of the Agreement by the City.
"Gross receipts" is defined as all revenues received from
towing and related services, storage, lien sales, salvage
sales of abandoned or unclaimed vehicles, plus incidental
receipts earned by Operator as a result of business conducted
under the Agreement . All charges shown on invoices, and other
records are to be explicit in detail, showing the reason for
the amount specified therein.
At the request of the PSPD the Operator shall furnish the PSPD
a written list of all vehicles that have been towed by the
Operator under this Agreement. Such list shall show date of
tow, the storage location of each vehicle, dates of storage,
and shall include the vehicle make and model, license number
and vehicle serial number.
EXHIBIT "D" TO
TOWING & STORAGE SERVICES AGREEMENT
487/014084-0001/3058263.2 A03117/97 -4-
40
EXHIBIT "E"
TERM OF AGREEMENT & OPERATOR' S FEES
1. TERM OF AGREEMENT. The initial term of th.�is Agreement is for
a three (3) year period commencing on the G/u/�t - ' 11, 1997.
The City shall have the right, with the consent' of the Operator, to
renew the Agreement on or before the expiration of this Agreement,
for two (2) additional three (3) year periods, or a portion
thereof . In the event the City exercises its option to renew the
Agreement, all terms, conditions and provisions of the original
Agreement shall remain the same and apply during the extension
period, with the exception that (i) the Agreement fees (specified
below) and service charges (specified in Exhibit "C") may be
renegotiated between the City and the Operator in good faith, and
(ii) City may impose any additional conditions necessary to improve
service to the public . If City exercises its options, Operator
understands and agrees that any adjustments (increases or
decreases) in rates charged for towing services and/or additional
conditions must be approved by the Palm Springs City Council .
2 . OPERATOR' S FEES . The Operator' s Fee is based on a prorata
share to be paid by each approved Operator to the City of Palm
Springs . The aggregate fees paid by all Operators shall not exceed
$15 , 000 per calendar year. For example, if five Operators are
approved for the Towing and Storage Services Agreement for a given
year, each Operator would pay the City $3 , 000 per year. Payment
for the first year is due within ten (10) days of Notice of
Approval of Agreement and annually thereafter. It has been
determined that the portion of the Operator' s Fee relevant to the
towing operations does not exceed the amount necessary to reimburse
the City for the actual and reasonable costs incurred in
connections with the towing program. (Reference: State of
California VEHICLE CODE, Div. 5, Chap 9 , Section 12110) . In the
event that an Operator enters into a Towing and Services Agreement
which is effective on a date other than January 1 of a calendar
year, such Operator' s fee shall be prorated based upon a thirty
(30) day month and three hundred sixty (360) days year.
EXHIBIT "E" TO
TOWING & STORAGE SERVICES AGREEMENT
487/014084-0001/3038263.2 .03/17/97 -1-
�'"�Ltahezi !low -, 9,ve y H Oyu'
301 DEL SOL PALM SPRINGS, CALIFORNIA 92262 (619) 323-2325 FAX(619)320-7686
City of Palm Springs
Procurement Division
3200 E. Tahquitz Canyon Way
Palm Springs, CA. 92262
Att: Harold E. Goode, CPPO
Procurement Manager
January 20, 1997
Re: Letter of Interest & Statement of Qualifications
Mr. Goode,
Brother's Towing Inc., II is pleased to submit herewith, it's letter of interest regarding towing
and storage services, to the Palm Springs Police; and are interested in continuing to provide service to
the City of Palm Springs, as we have been doing for the last 15 years.
Should you require further information, Please call me at (619) 323-2325
See Attached: Qualifications
Thank` 04!
Robert (. Jf) Woods
Co-Owner / Operator
(ID
301 DEL SOL PALM SPRINGS, CALIFORNIA 92262 (619)323-2325 FAX(619)320-7686
List of Qualifications
• Experience:
Brother's Towing has been in the Towing business for the last 20+ years, In 1982 the
Automobile Club of Southern California asked brothers to open an office in the Palm Springs area. Bob
Steele did that with an office on Palm Canyon near Downtown. In 1984 the City had requested that
Brother's Re-Locate to the north end of town. Brother's did re-locate at 255 Oasis Rd, Ed Davis
purchased the company in 1990 and RJ started working there in 1991 coming from Ventura with 15
years experience in the Tow Industry as a Heavy Duty Operator. In 1992 RJ was promoted to Manager,
as manager RJ attempted to bring Brother's back to a professional status. While trying to upgrade the
equipment and better the industry he was not able to complete all the program's with Ed's assistance.
In 1993 RJ negotiated and January 1, 1994 purchased Brother's Towing. At this time RJ was finally
able to see his dream come true. Over the next year he replaced his entire fleet and purchased more
trucks. Larry Paul's Towing saw this dramatic change and continued to call the City and complain about
the vehicles parked on the street and many other unfounded allegations. Larry Paul's eventually went
out of business. In August of 1996 RJ purchased the property Located at 301 Del Sol Rd. (The Old Larry
Paul's Towing) where he plans to stay.
• References:
California Highway Patrol Tom Granger 345-2544
Riverside County Sheriff
Automobile Club of Southern California Tim Phillips 668-8002
National Automobile Club
• Location of Operation:
301 Del Sol Rd. Palm Springs, CA. 92262
Hours of Operation Mon-Fri 8:OOam - 5:OOpm, Sat 8:OOam - 1:OOpm, Sun (Closed)
The present Storage area is a partially paved lot surrounded by a chain link fence, 6' in
height.with the capacity of 500 cars. Our secondary storage facility located west of our lot is a fully
enclosed 6' chain link fenced dirt lot with a capacity of 700 cars.
• Safety Record:
Within the past Three years we have not had any Major Incidents other than minor vehicle
damage that occurs on occasion in the towing industry. All damage was repaired in a timely fashion and
professionally. No citations were issued to the company other than Equipment Violations (fix-it) at the
Banning scales for Lights, ect.
• Financial Status:
See Confidential Envelope.
• Commitment of Resources:
Brother's Towing Inc., II. is willing to commit our entire fleet of 16 vehicles consisting of
Small P/U truck up to and including our largest Tow truck (1992 Kenworth ) which is capable of lifting
50,000 Ton's with the underlift.
We have divided the company into Divisions,
Light Duty Division -
2 Pick-up trucks Service Trucks / Jump start's, tire change's, ect.
1 4X4 Recovery truck
1 Super Duty Wheel Lift truck
1 Super Duty Wheel Lift / Recovery truck Sling & Wheel Lift
1 Super Duty Flatbed / Aluminum bed
1 International Flatbed W/ Aluminum bed & Wheel Lift
2 International Flatbed's w/ Steel beds & Wheel Lift
1 International Medium Duty Wheel Lift & Recovery Truck
Heavy Duty Division -
1 Peterbuilt Heavy Duty Wrecker
1 Kenworth Heavy Duty Wrecker 50 Ton Recovery
1 Transporter / 4 car carrier
1 GMC Tractor
1 Landall Trailer
1 Flatbed Trailer
1 Cat 930 Loader
Number of personnel:
Supervisory Staff consists of
1 Light Duty Assistant Manager
1 Light Duty Manager
1 Heavy Duty Manager
1 Shop Manager
1 Office Manager
1 Operations Manager
1 Owner / General Manager
2 Mechanics
15 Driver's
• Adequacy of Operations and Management
Our management style is similar to those of big business, We believe in incentives, Like "Employee of
the Month", "Safe Driver Award", We hold monthly in-service training meetings where we instruct
the employees on Safety and new things in the industry. We have a Substance Abuse Program in place
where we test applicants prior to hiring, and a random drug testing program.
• Business Reputation:
We have a very good reputation in this industry, We have had a few complaints in the last 2 years,
example: "your driver was rude" to "you damaged my car" . Yes our drivers have damaged a few
cars, however we have repaired all damages that were caused by our drivers. And we try to be as
polite as possible to all customers, as you well know we are in a service oriented business and when
people call for our service it is because their car has a problem.
1611
Robert J. Wood's Marion Wooer
Co-Owner/Operator Co-Owner / President
Brother's Towing Inc., II Brother's Towing Inc., II
cc: Dave Chandler
Attorney
File
301 DEL SOL PALM SPRINGS, CALIFORNIA 92262 (619)323-2325 FAX(619)320-7686
City of Palm Springs
Procurement Division
3200 E. Tahqu!tz Canyon Way
Palm Springs, CA. 92262
Att: Harold E. Goode, CPPO
Procurement Manager
January 27, 1997
Re: Letter of Interest
Attached is the financial statement that you have requested.
This information is considered CONFIDENTIAL and is not a matter of public record.
Thank You fpr your understanding !!
Robert (R.J.) WO-ds
BROTHERS TOWING, INC. 012796
INCOME STATEMENT Page 1
POP, THE PERIOD ENDED DECEMBER 31, 1995
Current Period Year to Date
INCOM9
SALES - OTHER 34 ,429 .21 58 .4 323 , 537 . 03 56 . B
SALES - AAA 22, 583 . 95 38 . 3 223 , 070 .41 39 . 2
SALES - ECOLOGY 1, 910 , 00 3 .2 23 , 046 . 86 4 . 0
RETURNS & ALLOWANCES 0 . 00 0 . 0 -267 . 00 0 . 0
TOTAL INCOME 58, 923 . 16 100 . 0 569 , 387 . 30 100 . 0
COST OF GOODS
PURCHASES-PARTS 11, 871 . 64 20 . 1 65 , 689 . 82 11 . 5
PURCHASES-FUEL 5, 010 .37 8 . 5 S6 , 751 . 68 10 . 0
EQUIPMENT REPAIR 0 . 00 0 . 0 14 , 670 , 89 2 . 6
OTRECT LABOR 11, 699 . 00 19 . 9 116 , 939 . 98 20 . 5
DUMP FEE ' S 0 , 00 0 . 0 586 . 22 0 .
OUTSIDE SERVICE 135 . 00 0 . 2 13 , 738 . 13 2 . e
FREIGHT 0. 00 0 , 0 1, 535 . 29 0 . 3
SUPPLIES 2B . 00 0 . 0 3 , 536 . 62 0 . 6
SMALL, TOOLS 445 . 00 0 . 8 6, 031 . 92 11
CUSTOMER DAMAGE 150 . 00 0 . 3 3 , 492 .44 0 . 6
___
TOTAL COST OF GOODS 29, 339. 01 49 . 8 282, 972 99 49 . 7
GROSS PROFIT 29, 584 . 15 50 . 2 286 , 414 , 31 50 , 3
OPERATING EXPENSE
ADVERTISING 151 .43 0. 3 4 , 737. 89 0 . 8
AUTO 5, 402 . 00 9 . 2 13 , 232 . 70 2 . 3
BANK CHARGES 292 . 63 0 . 5 2 , 326 . 70 0 , 4
DONATION 97 . 50 0 . 2 277 .45 0 . 0
DUES & SUBSCRIPTIONS 0 . 00 0 . 0 702 , 49 0 . 1-
EDUCATION 0 . 00 0 . 0 198 . 00 O . 0
ENTERTAINMENT & PROMOTION 0 . 00 0 . 0 934 . 79 0 . 2
EQUIPMENT RENTAL/LFASE 6, 503 . 65 11 . 0 61, 688 . 24 10 . 8
INSURANCE 1, 704 . 21 2 . 9 50, 859 . 25 8 . 9
INTEREST 500, 00 0 . 8 5, 844 . 75 1 . 0
LAUNDRY & CLEANING 588 . 85 1 . 0 5, 076 , 90 019
LIEN SALES 456 . 00 0 . B 5 , 475 . 30 1 . 0
LEGAL & ACCOUNTING 125 . 00 0 .2 2 , 125 . 00 0 .4
MEDICAL 135 . 00 0.2 656 , 73 0 . 1
MEETINGS 0 . 00 0 .0 1 , 000 . 00 0 .2
OFFICE & POSTAGE 727 . 65 1 . 2 8, 331 .40 1 . 5
RENT 1, 700 , 00 2 . 9 20 , 650 . 00 3 , 6
REPAIR & MAINTENANCE 467 . 84 0 . 8 8 , 375 . 30 1 . 5
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SROTHERS TOWING, INC,
INCOME STATEMENT Page 2
FOR THE PERIOD ENDED DECEMBER 21, 1995
Current Period Year to Date
TAXES-PAYROLL 1, 285 , 85 2 . 2 13, 915 . S4 2 .4
TAXES & LICENSES 4, 513 . 00 7 . 7 16, 013 . 93 2 . 8
TRAVEL 388 . 45 017 4, 094 . 10 0 . 7
TELEPHONE 1, 219 . 79 2 . 1 20, 628 , 47 3 .6
UTILITIES 812 , 89 1. 4 6, 556 . 13 1 . 2
--- -- -------- - ------ --- -
TOTAL OPERATING EXPENSES 27, 071- 74 45 . 9 253, 731 . 06 44 . 6
OPERATING PROFIT/LOSS 2, 512 .41 4 .3 32 , 683 .2S 5 . 7
OTHER INCOME
TOTAL OTHER INCOME - 0 . 00 0 . 0 0 , 00 0 . 0
NET PROFIT/LOSS $2 , 512 . 41 4 . 3 $32 , 683 , 2S 5 . 7
Z0 'd S£9& Sb£ 6T9 •sating � .ud uos�azad
CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)
03/07/96
------------------------------------------------------------------------------------------------------------------------------
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
L NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
The Garagekeeper Ins. Agy. --------------------------------_________—____________________________________
333 N. Pa Lm Canyon, Ste.206 COMPANIES AFFORDING COVERAGE
P.O. Box 1847 -------------------------------------------------------------------------------
Pa(m Springs, CA 92262 COMPANY
619-322-2252 LETTER A RELIANCE INSURANCE CO.
____------------------
COMPANY
_ ____________________________________________ LETTER B !!__�_G,
__
INSURED _ _____ _ _______________________________ _
COMPANY
BROTHER'S TOWING INC II LETTER C
255 OASIS RD. --------------------------------_______________________________________________
PALM SPRINGS, CA COMPANY
92262 LETTER D
-------------------------------------------------------------------------------
COMPANY
LETTER E
_ _______________________________________________ __
COVERAGES
_ ____________________________________________________________________ _______________________________________________________
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN,REDUCED BY PAID CLAIMS.
______________________________________________________________________________________________________________________________
POLICY
LTRI TYPE OF INSURANCE I POLICY NUMBER 1. DATE (MM/DD/YY)IPDATEY(MM/DD/YY)Ni LIMITS
GENERAL LIABILITY GENERAL AGGREGATE $
C 3 COMMERCIAL GENERAL LIABILITY PROD COMP/OPS AGGR $
C ]C I CLAIMS MADE C I OCCURRENCE PERSONAL & ADV INJURY $
C I OWNER'S & CONTRACTORS PROTECT EACH OCCURRENCE $
C FIRE DAMAGE(ONE FIRE) S
C MEDICAL EXPO PERSON) $,
_________________________________+__________________+_______________-r_________________+___-------------------------------
A AUTOMOBILE LIABILITY SG2561513 4-28-96 4-28-97 CSL
$ 1,000,000E I ANY AUTO
\
C I ALL OWNED AUTOS BODILY INJURY
CX7 SCHEDULED AUTOS (PER PERSON) $
CX7 HIRED AUTOS BODILY INJURY
CX7 NON-OWNED AUTOS (PER ACCIDENT)
CXI GARAGE LIABILITY PROPERTY
CXI GKLL LIMITS $25,000 DAMAGE $
.__________________________________
_________________________________+__________________i________________+_________________,
EXCESS LIABILITY EACH OCCURRENCE AGGREGATE
C I UMBRELLA FORM $ $
C I OTHER THAN UMBRELLA FORM
-------------------
STATUTORY
WORKERS' COMPENSATION $ (EACH ACCIDENT)
AND - - - - - --- - $ (DISEASE POL)
--- EMPLOYERS' LIABILITY �' ,,$ (DISEASE EACH EMP)
_--- _
_ __________________+__________________+_________-______+________________ _�1-------------------------------
A I OTHER
ON HOOK SG2561513 04-28-95 ' 04-28-96 ;$2-5 000_/S100j000
INCIDENTIAL GARAGE LIABILITY `$.2;000,000`
UNINSURED / MOTORIST , $15/30-- _ -----
______________
DEDUCTIBLE '$1,�
---------------------------------
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
______________________________________________________________________________________________________________________________
CERTIFICATE HOLDER I CANCELLATION
________________________________________________________.______+_________-___________________-_________________-______-________
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR
TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED
TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO
OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS
PALM SPRINGS POLICE DEPT. AGENTS OR REPRESENTATIVES.
ATTN: SGT. HANAVAN JIM C ___________ m _________________________________________
PO BOX 1830 AUTHOR REPRE$FN7II
_ ___ _
PALM SPRINGS CA'92263
_-------- ADDITIONAL INSUREDPCORD 25_S---------_ -____ __
_ _ _ _ ______ _ L_______=_ _ ........................
____________ _ ________
1A
V
ACOR4. CERTIFICAT F IIAE3ILITY INSURAN DATE(MMIOD")
03/18/2002
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Sea Crest Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
g y HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
25255 Cabot Road #216 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Laguna Hills, CA 92653
(949) 951-5900 F (949) 951-0181 INSURERS AFFORDING COVERAGE
INSURED Brother' s Towing I1, Inc. INSURER Lincoln General Insurance 'Com an
INSURER B
301 Del .Sol INSURER
Palm Springs, CA 92262 INSURER "`"° = 900.°
760-323-2325 INSURERE'
COVERAGES ,
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,N,fW14,}T''.1'&ANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR POLICY EFFECTIVE POLICY EXPIRATION
LTR TYPE OF INSURANCE POLICY NUMBER DATE MMIDO DATE MMIDDIW LIMITS
GENERAL LIABILITY EACH OCCURRENCE $
COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $
CLAIMS MADE ❑OCCUR MED EXP(Any one person) $
PERSONAL&ADV INJURY $
GENERAL AGGREGATE $
GEN'L AGGREGATE LIMIT APPLIESPER PRODUCTS-COMPIOP AGG $
POLICY PRO-
JECT LOC
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $
ANY AUTO (EA accident)
ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED AUTOS (Per person)
HIRED AUTOS
BODILY INJURY IF
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
(Per accident)
GAR AGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO LRA 595033 02/23/02 02/23/03 OTHER THAN EA ACC $1, 000, 000
X Other Than Ant AUTO ONLY AGO $
E%CEBB LIABILITY EACH OCCURRENCE $
OCCUR CLAIMS MADE AGGREGATE $
DEDUCTIBLE
RETENTION $
TWO STATU- OTH-
EMPLOYSCOMRILITYIDNAND TO,YL"f, ER
EMPLOVF.RS'LIABILITY _ _ _ _ _ _
EL EACH ACCIDENT $
E L.DISEASE-EA EMPLOYEE $
EL DISEASE-POLICY LIMIT S
OTHER On Hook IRA 595033 02/23/02 02/23/03 $ 100, 000
Garagekeepers LRA 595033 02/23/02 02/23/03 $ 100, 000
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIE%CLUSIONS ADDED BY ENOORSEMENTISPECIAL PROVISIONS
CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Palm Springs DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
3200 Tahqitz Canyon Way NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURETO DO SO SHALL
Palm Springs, CA 92262 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
REPRESENTATIVES. n 7
AUTHORIZED REPRESENTATIVE
ACORD 25-S(7197) O ACORD CORP
q}2ATION 1988
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