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03782 - DAVES TOWING MO 5933
DOCUMENT TRACKING Page: ? Report: One Document Detail December 19, 2007 Condition: Document Numbera3782, Document# Description Approval Date Expiration Date Closed Date A3782 Police Towing 04/02/1997 04/01/200E Company Name: Davos Towing Services Address: 180 Oasis, Palm Springs, CA 92262 Phone: (760) 322-5441 Group: POLICE DEPARTMENT Service: In File xRef: POLICE DEPARTMENT Ins. Status: A policy will expire soon Document Tracking Items: Due Completed Tracking Amount Amount Code Item Description Date Date Date Added Paid Converted from Fastrack v6.15 data. END OF REPORT ` * ' orb li O�pALMS.0 N City of Palm Springs Department of Procurement and Contracting H a * C�RpIRp1E0\9 * 3200 Tahquitz Canyon Way • Palm Springs, California 92262 Cqt IFORN`P TEL: (760)323-8239 • FAX(760) 322-8372 • TDD(760)864-9527 January 7, 2005 Dave's Towing 2320 N. Sunrise Palm Springs, CA 92262 Re: Towing & Storage Services Agreement#3782 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 #3782 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, CITY OF PALM SPRINGS � ll fr. David H. Ready, City M Au orized Signature r ��� ✓ tL� PcclQS Company Name ( / ( 0 / OJ Post Office Box 2743 0 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 Sprigs, California in a meeting thereof held on the 2nd day of April, 1997. C f L IUDITH SUMICH City Clerk a i Dave's Towing Service • • Emergency Towing & Storage Amend #1 AGREEMENT #3782 M06237, 10-7-98 AMENDMENT #1 TO TOWING AND STORAGE SERVICES AGREEMENT—_____- -., CITY OF PALM SPRINGS AND DAVE'S TOWING SERVICE, PALM SPRINGS, CALIFORNIA THIS FIRST AMENDMENT to Tr�wing and Storage Services Agreement #3782 (herein "Amendment"), is entered into this�-day of 1998 by and between the CITY OF PALM SPRINGS, a municipal corporation (herein "City" or "Owner"), and David E. Bell, dba Dave's Towing Service, 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 Fast: 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#3782 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 municipal By _ City Clerk By: City Manager APPROVED AS TO FORM: 0ty Attorney CONTRACTOR: DAVID E. BELL, DBA p DAVE'S TOWING SERVICE / �Yj d ) David E. Bell dba Dave's Towing Service aa— Address: ( % ev) Dated Address. PO BOX 2h8 PALM (STIRNGS, CA. 9226*40 63111SC f,------ NOTICE TO ALL PLAINTIFFS AND DEFENDANTS: AVISO A TODOS LOS DEMANDANTES Y DEMANDADOS: Your small claims case has been decided. If you lost the case, Su case ha side resuelto par la torte para reclamos and the court ordered you to pay money, your wages, money, ludiciales menores. S1 la carte ha decidido en su contra and property may be taken without further warning from the y ha ordenado qua usted pague dinero, le pueden quftar su salario, su dinero, y otras cosas de su propiedad, sin court. Read the back of this sheet for important information avlso adicfonal per parte de esta torte. Lea el reverse about your rights. de este formufarfo para obtener Informacldn de fmportancla acerca de sus derechos. I PLAINTIFF/DEMANDANTE(Name and address of each): DEFENDANT/DEMANDADO(Name and address of east,).- WAKE BUSTER, INC DAVID E. BELL dba 5801 E. VEVGRLY BLVD DAVES TOWING SERVICE LOS ANGELES , CA. 90022 2320 N. SUNRISE WAY �RKEN xxIMS-PALM SPRINGS, CA�d922 See attached sheet for additional plaintiffs and defendants. t"f NOTICE OF ENTRY OF JUDGMENT Judgment was entered as checked below on(date): 1. 0 Defendant(name, it more than one): shall pay plaintiff(name, if more than one): $ principal and$ costs on plaintiff's claim. 2. Defendant does hot owe plaintiff any money on plaintiff's claim. 3. Plaintiff (name, if more than one): shall pay de ennjar2t(name, if more than one): J�1 principal and$ costs on defendant's claim. 4. =Plaintiff does not owe defendant any money on defendant's claim. 5. 0 Possession of the following property is awarded to plaintiff(address of property): 6. =Payments are to be made at the rate of$ per month,beginning on(date): and on the �day of each month thereafter until paid in full.If any payment is missed, the entire balance becomes due immediately. 7. ,Other(specify): J V u C�l}l r I ! IF NO APPEAL IS FILED,THE COURT WILL ORDER ALL UNCLAIMED EXHIBITS DESTROYED 95 DAYS AFTER THE ENTRY OF JUDGEMENT. 0. This judgment results from a motor vehicle accident on a California highway and was caused by the judgment debtor's operation of a motor vehicle.If the judgment is not paid,you may apply to have the judgment debtor's driver's license suspended. 9. Enforcement of the judgment is automatically postponed until the time for filing an appeal expires,and if filed,unlit the appeal is decided. 10. El This notice was personally handed to (insert name and date): 11. CLERK'S CERTIFICATE OF MAILING - 1 certify that 1 am not a party to this action. This Notice of Entry of Judgment was mailed first class, postage prepaid, in a sealed envelope to the parties at the addresses shown above. The mailing and this certification occurred at the place and on the date shown below. .,��'r ' PlOce of naniling: u'! GalilaT,ia Dale of mailing: r c,J � Clerk,by /e' L/(/r� J- ) ,Deputy ratio Aplanvnd by Iha I Inln all:'7 Judicial Council of California NOTICE OF ENTRY OF JUDGMENT SC-130 (Rev.January 1, 1991) (Small Claims) COURTS ORK�INAL Dave' s Towing Service • Emergency Towing & Storage AGREEMENT #3782 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 . ATTORNEYS FEES . . . . . . . . . . . . . . . . . . 21 24 . CORPORATE AUTHORITY . . . . . . . . . . . . . . . . 21 25. NOTICE . . . . . . . . . . . . . . . . . . . . . . 21 9 +r 26. INTERPRETATION . . . . . . . . . . . . . . . . . 22 27 . INTEGRATION; AMENDMENT . . . . . . . . . . . . . . 22 28 . SEVERABILITY . . . . . . . . . . . . . . . . . . . 22 29 . NON LIABILITY OF CITY OFFICERS AND EMPLOYEES . . . 22 30. CONFLICT OF INTERiEST . . . . . . . . . . . . . . . 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 TOWING & STORAGE SERVICES AGREEMENT / THIS TOWING & STORAGE SERVICES AGREEMENT is entered into as of 1997, ( "Agreement" ) by and between the City of Palm Springs, a municipal corporation ( "City") and r ( "Operator" ) . 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 G15 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 11131T . 487/014084-000113058263.2 ON17/97 0 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 a03/20/97 -2- 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 far-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 50a 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. W/014084-OWWOS8263.2 n003117/97 - 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 Dutv Class A tow trucks shall have a manufacturer' s GVWR of at least 10, 000 pounds . 2) Class B - Medium Duty - 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 Heavv 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 n03/17197 -4- 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 driver (s) 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 4871014094-000113058263.2 a03117/97 -w- • 00 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. 4871014084-0001/3058263.2 03117/97 - 6- • 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 . 487/014084-0001/3058263.2 403/17/97 -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 487/014084-0001/3058263.2 a03/17/97 -8- 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 stored 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 487/014004-0001/3058263.2 .03117197 -9 - 0 40 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 Facili t . 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 4871014084-0001/3058263.2 a03/17/97 -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 487/014084-0001/3058263.2 a03/17/97 _1 1_ 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, 487/014094-000113058263.2 a03117/97 -12- 0 Or location of call, and itemized costs of towing and storage. (See Exhibit "D") 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. 487/014094-0001/3058263.2 031I7/97 -1 3- D. Any violation of this Section 11 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 (259k) 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 487/014084-000113058263.2 a03/17i97 -1 4- • Ob 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 4871014084-0001/3058263.2 .03117197 -15- 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 riot 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. 4871014084-0001/3058263.2 n03/17/97 -1 6- 00 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 ChieE, 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 500 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. 487/014084-0001/3058263.2 .03117/97 -17- i Ob 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 . O. 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 487/0140840001/3058263.2 .03/17/97 -]_a- 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. 487/014084-0001/3058263.2 .03/17/97 -1 9- ! 00 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 notification 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" 487/014084-0001/3058263.2 .03/17197 -2 0- r 00 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. 487/014084-0001/3058263.2 03/17/97 -2 1- 0 40 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 unenforceabil.ity 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 . 487/014084-000113058263.2 n03/17/97 -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 ALM SPRI a m nicipal corpora io ATTEST: C / _ By: Cit_y�yerk City anager APPROVED AS TO FORM: City Atto nee OPERATOR:�� Name & Title fB^v" MF G1fYCO(,P,JCC L By Name & Title Address: s nn r s _ 22 E,a v 487/014084-0001/3058263.2 03/17197 -'Z 3 46 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 TOWING & STORAGE SERVICES AGREEMENT 487/014094-0001/3058263.2 a03117/97 -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 TOWING & STORAGE SERVICES AGREEMENT 487/014084-0001/3058263.2 a031I7/97 -2- • 46 (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. EXHIBIT "A" TO TOWING & STORAGE SERVICES AGREEMENT 4871014084-000113058263.2 .03/17/97 -3- • 00 . 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. " EXHIBIT "A" TO TOWING & STORAGE SERVICES AGREEMENT 487/014084-0001/3058263.2 a03117/97 -4- • 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 TOWING & STORAGE SERVICES AGREEMENT 497/014094-0001/3058263.2 .03/17/97 -5- 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 b:y 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 TOWING & STORAGE SERVICES AGREEMENT 487/014084-0WU3058263.2 n03/17/97 -6- 06 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 TOWING & STORAGE SERVICES AGREEMENT 4871014084-0001/3059263.2 .03/17/97 -7- • 00 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 487/014094-000113058263.2 a03117197 -8- • Ob 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 487/014084-000113058263.2 .03/17197 -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 487/014084-000113058263.2 a03/17197 _10- r Ob (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 condition: 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 4871014094-0001/3053263.2 a03117197 -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 487/014084-0001/3058263.2 03117197 -1 2- 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 4871014084-0001/3058263.2 403/17/97 -13- EXHIBIT "B" EQUIPMENT SPECIFICATIONS AND USE REQUIREMENTS 1 . GENERAL EQUIPMENT 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 C[P 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 TOWING & STORAGE SERVICES AGREEMENT 48710140M0001/3058263.2 n03117/97 —1 - 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 Roper (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 487/014084-0001/3058263.2 .03117/97 -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 . 85 " extension` . . . . . . . . 3 , 000 pounds . B. Class A Car Carrier - One Car Minimum Equipment Specifications 1) 10, 000 pound GVWR 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 4871014084-0001/3058263.2 a03/17/97 -3- 0 06 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, 1/2 " 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. 3/811 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 487/014094-0001/3058263.2 a03117197 -4- F. Class C Tow Truck Minimum Equipment Specifications 1) 33 , 000 pound GVWR chassis . 2) Air brakes w/a.ir hookup package and single control compressor. 3) 25-ton recovery equipment rating. 4) Hydraulic or mechanical winch (es) . 5) 200 ft. 5/811 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 . 10011 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 4871014084-0001/3058263.2 a03/17/97 -5- 40 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; 1/411 - 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 4" x 4" x 6011 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 4871014094-0001/3059263.2 .03/17/97 -6- r lip D. Class B Reauired E u� ipment 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, 411 x 411 x 6011 and 6" x 6" x 60 " wooden crossbeams (as necessary) , aluminum tow a.ngle (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 4871014084-000113058263.2 n03/17/97 -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 rage 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 4871014094-0001/3058263.2 n03/17/47 -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- . . 0 i10 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 497/014084-0001/3058263.2 n03/17/97 -3 - 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 . 6 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 . 6 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 document: related to these transactions . EXHIBIT "C" TO TOWING & STORAGE SERVICES AGREEMENT 4871014084-0001/3059263.2 a03/20/97 -4- . , • lip 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 .03117197 -1- ilp 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 4871014084-000113058263.2 .03/17197 -2- • (10 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 365 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 1/21, 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 487/014094-0001/3058263.2 n03/17197 -3 - 4) (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 Limes 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 487/014084-000113058263.2 .03117/97 -4- EXHIBIT "E" TERM OF AGREEMENT & OPERATOR' S FEES 1 . TERM OF AGREEMENT. The initial term of this Agreement is for a three (3) year period commencing on the _lG, e;6 "?-, , 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 487/014084-000113058263.2 .03117/97 -1- .j Y�F Jqaaary 24,1997 Mr. EjnroM Good c4y of pa�m SpHngg Procurement DMEiorg 3200 E.Y"ahquitz Cyn. VVY. • Palm Sprhigs, CA 92262 Dena Afnirold, Thi" is our Wco-popse 4O Tcquestg for Ectierso of inierest and St2temeHts Of qunfi fleaflon, RIFQ-09,970 • FOY,- 7o-Mng afld Storage off Vehieiesar Requested by the ?2�m Springr 110fice Depart ment Thanllk you for congidercng our company. • Mneerely, • David E. BeH Owner- Operatow. DRVO'S TOMHg SeR-ViCe now • A. E,,,pe aence- l a lneem mpvner amd ¢peR-a!1©r off B2-ve's To since els inception,Juunne M, 1982. Dave 's cw nmg hms beeun OUR Nle wa N,"OrT l➢`ep �rL[sgCaPvvay fl'strcA roi�aln®n sunace NOVesmlluer Of 1932o DURillig t Ms terrtmire,IJ gnve's Towing has never been suspended- l or mw ,r,es-ono L mmsmed the husianess ffronm TMusand PRllur=us na,hillmh cjprhigs Rill iV,�y cell 19i'S to rmlee4 r,•espoau j 5e Omues ireu);unnrod by 'a!ln Springs Police. VVe Imawc lawreel on rotRti en for flip ➢ iveirside County Sheriff's Uepartiment se ncc 1983. Addlle®nn2Hy, I ave's ll,o ung serves lll;!c ph-hTak and corporate sectors llnu-oughouut t1h e year, G vCR7 klve years, eve have fallHt aqua My sax-;Ice and MH couulunuue to sorve ractoirisls anvil knw e na'Orceuuoenul Rgcncks nllike. �o l efferpracese Toni Granger, l u dLo CM :nrl<y_35A, • 79650 Varrunen•RAI. Indio, CA MOO S'nuun SembRomm<,PORT SpHugs Poke Dept. 323-3Il05 2001 S. chvic • 1[nallnun Sjprhags, CA 92262 Ron =!rneelll, Mversrdc Counnity 5Gaarnffff's DeplL 341-160 9 73520 IFred VJnnrnng ID F. I�ahT@ M)esarl, CA 92260 Uar,-okll Dodds 13aamnaimg CIi P (909) PA -46 � GAG Ile b3;ngbsla,nnd Sprsang's M9,nn ?,g, CA 9222C' • C. Location of opwcrna ioMn-• Lave"s ''omrexug Cem4 ces has a main yard amd office ➢0entedl str 170'Vv^ Evan • PUINUE➢pad. lP"fl m Shnreengs. h flanns➢ arse rlexrrmit has been nm place seance Fain ch al 19SIR. This has Nueem a consistent °De4 ®f tins ®tm P2nvY Of nmupssd g aerese¢ps arm 'Ne Cit4T wildch htdncate ot➢nervvisc. • The Palm 3"illrnnngs yard is nail u•oundedl by an eeght(8) Toot nmasoeaary vla➢p nveth a s®Bid ste& gage Tick, storage yard is alpp roxiepate➢y 20,565 ognnare ffPe➢:�wetEa �,422, �q. ➢'ta of inside Mto age. Hours are 3 2oM-S P.m lane. - Fri. ¢Incept on begn➢ hoHdzys]Por secul'-ty ➢nunrposes, gm eRectlromae lamr&T a➢arm evith umauptipv'se beamMs to secure t5c outsed2 Perimeter es a➢morays in opernaJon. TheM°e ps a paved ppo rkivag area ha, front of the once and adtdntea+unap pnarldu vv➢aec➢n is a npsaaved as 9ocated ea front 0;the • storage yard. 'P'he offtuce a4 Mahe YaM has a ffaa_and. as copier m-'ichim . Records are cnreffu Ny kept by tltie office nmanna9CE% L'Words regaardlimug any pnSES tows are readi➢y avanea5h, to the poivae depnartmmemt. Poe secondary storage yard is ➢ocated at 27965 Victa CM Tao, TR cusandl Farpumsa • This Surd ➢aas ehaem➢ern➢s ffemaes and nvsnma➢➢pr hopds➢owv va➢eied vehicle".. The size off this yard Il6,520 sapofffre D. Safety Record- There are Imo safety vem➢atomv, roan record with the Tnd. o CRJ-P. Apnp roxanma tely two ye2rs ago, we were cited at tha; &' mneexag CRT, seaapes for being 1300 lbs. over vveiglmt oil 9'he rear asses. 7MS anmoommted to a $130 eDme wwhecfh vvas, pnaed. D2ve`s Tonlsumg @ras;never been surspenndedl from any goverm€-ee eat agency rotation to w➢ePt for • sa4yty viohate®n,sa E. hem annciai Stataus- • P➢ease see occomnpanyeng rc®niffidermtianl cmve90 Mee )F �ZaG9nnh"�Ilt�eXlit ai h�iP.,�QIlerae� - • Dave°s Towing➢ras one wvheo➢- TTfE tonw iarauek, 12,280 GVW and taro fiaibcd s, pd,�DQD C,V6W and 13,2Z®GUVWo Addlntionna➢➢y, we Er ve in Operation a%cur ew➢Meoi driive➢aawv an°une➢ w,�hena T im msea ffoe A$1f°rocs➢ recovery orm➢ya bese are a19 ewefl • nuuaWmined pate u aade➢ triucks. Tltueve are a unumaym um of two drivers per s&aafft vvkh a • 19tal of ffoaur, CcaNfhrn➢a Tow Truck AssocnaVon &PAned dravem Our office manager amid dospbatc➢uerr has four yearn of ernpaerieunce. if for any reason a tow company had to peave 73VI A rotatapam, Dave°s Towing would be ready and agape to gear taps, nee, adding tow trucks, storage area and addhIo naS contract ffem • G. Adequacy or opemattoouns and rrnanagerrner[at- The amin m u m age Cc a tow truck driver at Dsive's Towing;is 24 yearsJ3,asac2tlly roudne Fins➢ness as pnaundlted by the offfire manager or drbver OLE C,0. • Any and all➢ Anon-routfine sntuatnous nand emergencies, which moray arise are referred to Dave who its avao➢apvte On a 2A hour basin° 'I -here are regaa➢an•safety nmeetaungs. AH Dave°s TovIng evanpa➢oyees are empaected to rmnannatain the standards of a cSeaan Gaud Courteous Presentation. And most uma➢aortautEy,the dn•nverrs are, eT gpec➢ed to resdonG! exproedntaovspy to all ea➢➢se All➢ drovers are certified by the 4Calat'ormia Tow Truucpu • Assoraoadon Light Duty TovIng C:ouurse. There ns a 110,T. anti-drug sereeani ag for new emmptoyees and a ramdoum drug testarug parogranau for aal (ITHveys.T➢ae program is directed by Vkster•ra Fat%ology ComrsuaIl9arm4S, gUV,, CGHatact paers®na is oboe A/ReSh ner, 200-161-1923. The lab used is rC'apefforaaa 'gang and A➢ce hoi Testing at 69733 Perez Aide Bldg. C-17, cCatSnedvai (City, The teiep hone uaumber is 321-0033+, contact Person as • Jorgic Wamaaara. The snpervisor of the dn•mg Program Is, DoAd Bell and his results are sent t® T©tare Grainger, ECapaffornia Highway Patrol.Alp drovers are enlisted in, the Pull Program at the Dept. of Motto➢VehMzs. • pile Business oepantavom- ➢ P,ve°s Vowing Pmas teem in year round ffauH time operation for 0most ffal°teeun years. We are committed to lbuna➢domrg good vwM through out the community which was serve tCorvpaRannts regarding Dave°s T©Mng are rare, to v+hie&n our given reference., • vvoll sure➢y attest, See alveve under "Saffety, nor the one saftety Aclatlon. • • • hraRnPhal ConfidenVaR addendum to the R FQ-0397 LeOer of lfltpjrest ane, Etnemmen't of boa uIlofne�t3ows�� P�ense find OTGC3Osed 2 recent cony of a credit regent For David & BeR owner ofDave's Towing Service. This report Wdkntes� fin,%acinE PARIMity and RecountnbiNty. Mr. TTefl's rredit rotiag makes him able to gear up qukMy with nevj kw trucks of jaeedpdo PWIlfiACYGUARD® Credit Search Exclusively for October 18, 1996 Privacy Guard Members DAVID EDWIN BELL 2320 NORTH SUNRISE WAY PALM SPRINGS, CA 92262 Dear David Bell: The credit report you requested is enclosed. It is a triple-bureau merged credit report, with information from the three major credit bureaus. Please take a few moments to review the information to make sure it is accurate. If not, use the attached forms to dispute the discrepancies directly with the credit bureaus. How to read your credit report. We have developed a simple format for the combined credit report to make it easier to read. Here are some things to keep in mind as you go through it: • Verify the accuracy of any accounts that show derogatory (negative) information. These appear at the beginning. • At the end of your credit report, you will find a section with current names and addresses associated with your report as well as previous addresses. If someone else's information has been attached to your record, you will be able to identify the information here. • Next to some of the lines is a number identifying which of the three credit bureaus is supplying the information. If you are disputing information, you will know which bureau to contact. • Check your inquiries carefully. Inquiries can only be made with your permission; you may want to investigate any unfamiliar inquiries. Call 1-800-443-9345 with questions about your report. As a member of PrivacyGuard you may call this special toll-free number with questions about your report. Unfortunately, under Federal law we cannot help you dispute any information that appears on your report, but we will be happy to answer any questions you may have about what the report says. For Questions Concerning This Report, Call...Privacy Guard.,1 (800)443-9345 �c',i,iau iFu� What's my score? Every credit grantor has their own scoring system or way of evaluating an individual's creditworthiness. The following show the most common areas on the credit report that they pay close attention to: • Payment history. An occasional late payment will usually be OK, but consistent late payments, or a recent change in pattern can be warning signals. • .Amount of available debt.. It's not how much debt you have, but how much you could accumulate that is important. An unused credit line of $5,000 could be counted as potential debt. • Number of inquiries. A large number of inquiries (requests for credit) can be viewed as a negative. Don't forget your free Credit Alert benefit. Your credit report is constantly changiing. What is enclosed may already be out of date because new information is being reported daily. It's important to keep an eye out for inaccurate information. That's why we provide you with Credit Alert. When you check the Credit Alert box, we'll notify you every three months whether any derogatory or negative information has been added to your credit report and who has been inquiring about you file. That way, you can catch any potential problems -- before they get out of hand. If you have any questions about PrivacyGuard, please call us at 1-500-37-GUARD.. Sincerely, Peter M. B. Wragg Vice President PrivacyGuard PRTVACYGUARD REPORT KEY REPORT DATE:01/05/93 REFERENCE NUMBER: 2-91249-5021939-56 MEMBERSHIP NUMBER: 11111112 NAME: DOE,JOHN A. SOCIAL SECURITY NUMBER: 123-45-6789 CURR ADDR: 123 NORTH ST.,ANYTOWN,US 12345 PRMR ADDR: Account Name/Numbe .i}I itC...: : Credit Burrau Date BIg1Y�MU1�S' =(lfcatitll Last Account Past Last Past Due Hist (Id) Bur Code ORp`jy Limiti EYl+it Bal;tryc.. Rptd Status Due Amt DcHnq 30 60 90+ Date Hktodcal Acct Statm (1)--(2 3 (5) (6B)------(9)-- (02) TRW I ::445o0`9ii3O::'ff994DWi:: 04-91 CURRENT 03.91 010000 04-91 121111111111111 (04) TUC 1 04-91 CURRENT 01 00 00 04-91 121111---- E555 9SQ"'95500 03-91 DEL 30 03-91 01 00 00 03-91 211111----(Ol) CBI 108'`.li�i�:::::icFiiiP:F:EE(cf 'ji (1) CREDIT BiJ$1 Y J ndlc2 Oi ... jlEl6Roiy reported the information. The repository reporting the information is indicated undgj 4fits`6Stitffl,' i(iy icritification number pd) indicates under what name, address,and social security number'il tili'; iepprte# TSames, address and social security numbers associated with the corresponding identlRcation nuruifSer afi� Yed ilt ielVame tmd,Address section of the report. (2) CODE is the designation a :j.. .... 1s res ;•'1l 11?1 ` ciCCach account and the type of participation for that account, ,.. ::::::::•i:::::::iii: as follows: .............. .................. U Undesignated `.;tl Liskigiiil8?dbyithe creditor I Individual :iEiipjcitYiilha} (pilat .. ......:::. J Joint `E �oifit acrP?tit::::; i`Es'`; tf!•'E i:. A Authorized User Authti:r`r ;tti{r �figlY[GeiilLs 4.'s account S Shared Joit1G,,',uC`..',';tliliHti'f "'::ti['� : ?`;t • .• " fdr'fiie dccgliii?rF: C Co-Maker Joint'ir9poosil?ilitp;,:,•a ,.•' :::. ... . B Co-Signet ResponsiblPiL'y?p11��If{iGase.pf �#'atilxan We account M Maker Individual'airC4?YtlG1. .................................. ................::: .......... ......... % T Terminated Closed acanlEr ' ::::::::;;. (3) LAST RPTD displays the date the account ii6{SV.by the creditor. •::::::::Ei ' .... .:' (4) ACCOUNT STATUS describes the current status of tliE accouul3iS:iil:iie irate.xcgnrted. (5) PAST DUE AMT shows the dollar amount past due as of the date report .`!#p1Yil�da by the creditor. (6) LAST DELINQ shows the date of the most recent delinquency,W.....it.. the creditor. (7) PAST DUE displays the number of times the account has been 30y ;90+days past due.! (8&9) HISTORICAL ACCT STATUS is the month b month payment histd t :;:;..;N;:i:#:t:th mosG Ceported shown : ::. t under HLst Date for numbers other than 1, refer to the list below: 0 Too new to rate 4 90 days late S ReposSQt9Yiit> r 4tir losurreti .. `:, 1 Current 5 120 days late 9 CollectidWGpF r6argq oYF:: 2 30 days late 6 150 days late or more U 3 60 days late 7 Wage earner plan or bankruptcy - Not reporter, (nonfll•'' Please See Previous Page for Summary Key ._ • PMVAcrGU4RAV Credit Search Exclusively for Privacy Guard Members PRIVACYGUARD SUMMARY KEY REPORT DATE:01/05/93 REFERENCE NUMBER: 2-91249-5021939.56 MEMEERSIRP NUMBER: 11111112 NAME: DOE,JOHN A. SOCIAL SECURITY NUMBER: 123-45-6789 CURR ADDR: 123 NORTH ST.,ANYTOWN,US 12345 FRMR ADDR: REPORT SUMMARY: OLDEST ACCOUNT 07/79 REAL.ESTATE HAL $47,162 CURRENT ACCTS 27 PUBLIC COLLECTION CREDIT ACCOUNTS 27 INSTALLMENT BAL $9,676 REV.CREDIT AVAIL 66% RECORDS ACCOUNTS CLOSED ACCTS 4 REVOLVING BAL $2,263 WAS DELQ/DEROG 4 CBI 0 0 INQUIRIES 14 TOTAL R/E PMT $450 NOW DELQ/DEROG 0 TRW 0 0 LNQS/6 MOS: 0 TOTAL OTHER PMT $877 PAST DUE AMT 0 TUC 0 0 (1) PRTVACYGUARD REFERENCE NUMBER Is a unique security control number to ensure authenticity. (2) OLDEST ACCOUNT displays the earliest opening date of all credit relationships. (3) CREDIT ACCOUNTS display the total number of credit relationships reported. (4) CLOSED ACCTS shows the total number of accounts which are reported dosed (5) INQUIRIES shows the total number of reported inquiries made about your record. (6) INQS/6 MOS shows the number of Inquiries made within the last 6 months. (7) REAL ESTATE BAL shows the total balance of an real estate type credit relationships,including home mortgages. (8) INSTALLMENT BAL shows the total balance of all installment type credit relationships. (9) REVOLVING HAL shows the total balance of all revolving type credit relationships,i.e,credit cards. (10) TOTAL R/E PMT shows the total monthly payments for a8 real estate payments. (11) TOTAL OTHER PMT reflects the total of non real estate credit relationship payments. (12) CURRENT ACCTS shows the total number of current accounts. (13) REVOLVING CREDIT AVAIL displays the percentage of revolving credit available for cane. (14) WAS DELQ/DEROG shows the number of accounts which were previously delinquent(late or unpaid). (15) NOW DELQ/DEROG shows the number of accounts that are currently delinquent. (16) PAST DUE AMOUNT shows the total past due amount for all credit relationships. (17) PUBLIC RECORDS shows the number of public records reported by each repository,including legal judgements,bankruptcy,etc. (18) COLLECTION ACCOUNTS shows the number of collections reported by each repository. Please See Next Page for Report Content Key For Questions Concerning This Report, Call...Privacy Guard., 1 (800)443-9345 i enio n,i i-irl i PAGE FOUR REFERENCE NUMBER 2-96292-2962598-96 MEMBERSHIP NUMBER: 82112371 it OTHER INFORMATION ASSOCIATED KITH YOUR CREDIT HISTORY (ID) BUR TYPE CONTENT: ---------------------------------- (01) EFX EMPLOYMENT OCCUPATION: OWNER EMPLOYER: DAVES TOWING SERVICE, PALM SPR, CA (02) TRH EMPLOYMENT EMPLOYER: DAVES TONING SERVICE, 178 W SAN RAFEAL RD, PALM SPRINGS, CA (03) TUC EMPLOYMENT OCCUPATION: OWNER EMPLOYER: DAVES TOWING, 178SAN RAFAEL, PALM SPRINGS, CA (03) TUC EMPLOYMENT OCCUPATION: OTNER EMPLOYER: DAVE S TOWING, PALM SPRINGS, CA CONSUMER REFERRAL INFORMATION BUR CREDIT BUREAU NAME, ADDRESS AND PHONE NUMBERS: ---------------------------------------------------'- EFX - EQUIFAX INFORMATION SVCS, PHONE: (800) 378-2732 P.O. BOX 740256, ATLANTA, GA 30374 TRW - TRW CREDIT DATA, PHONE: (800) 422-4879 P.O. BOX 2106, ALLEN, TX 75002 TUC - TRANS UNION CORPORATION, PHONE: (800) 916-88C0 P.O. BOX 390, SPRINGFIELD, PA 19064 ON BEHALF OF PRIVACY GUARD/8CI THIS REPORT IS FURNISHED AT YOUR REQUEST. THIS CREDIT REPORT IS ISSUED TO PERMISSIBLE USERS AS DEFINED BY THE FAIR CREDIT REPORTING ACT (PUBLIC LAW 91-508) AND IS DONE IN THE STRICTEST OF CONFIDENCE. GOOD FAITH EFFORT HAS BEEN MADE TO OBTAIN INFORMATION FROM SOURCES DEEMED AS RELIABLE, BUT THE ACCURACY OF THIS INFORMATION IS NOT GUARANTEED. (FIRST AMERICAN CREDCO, 9444 BALBOA AVENUE, SUITE 500 X3 DEPT., SAN DIEGO, CA 92123.) COPYRIGHT NOTICE 1991 CREDCO INC. i i3WVACYGu4ffD0 Credit Search Exclusively for - Privacy Guard Members - PAGE THREE REFERENCE NUMBER NUMBE : 2 2-2962590-96 762 7 MEMBERSHIP NUMBER: 82112371 ACCOUNT NAME/NUMBER/TYPE OF ACCOUNT CREDIT BUREAU DATE HIGH/ MTHLY ACCOUNT LAST ACCOUNT PAST LAST PAST DUE MIST (ID) BUR CODE OPEN LIMIT PYHT BALANCE RPTD STATUS DUE ANT DELNQ 30 60 90+ DATE HISTORICAL ACCT STATUS ---------------------------------------------------------------------------------------------------------------------- , RNB/MERVYN'S /1483119 REVOLVING (01) EFX I 05-95 BO N/A -0- 08-96 CURRENT 00 00 00 08-96 111111111111111 (02) TRW I 05-95 300 N/A -0- 08-96 CURRENT 00 DO 00 08-96 1111111111111111 (03) TUC I 05-95 80 N/A -0- 08-96 CURRENT 00 00 00 08-96 11111111111111111111 COMMENTS: EFX: CHARGE. SEARS /86752352 REVOLVING (03) TUC U 05-85 878 N/A -0- 09-88 CURRENT 00 00 00 09-88 1 RECENT INQUIRIES INTO YOUR CREDIT FILE IID) BUR DATE ABBREVIATED COMPANY NAME: -------------------------------------------- (02) TRH 03-22-96 G E E C (02) TRW 05-23-95 SIGNAL FINANCE CORP (02) TRW 05-02-95 RNB-MERVYNS 102) TRH 03-23-95 G E E C (03) TUC 12-08-94 GOTSCHALK/CC CURRENT NAMES AND ADDRESSES ASSOCIATED WITH YOUR CREDIT HISTORY (ID) BUR NAMES AND CURRENT ADDRESSES: -------------------------------------- (01) EFX BELL, DAVID E, 234-74-2692, 2320 N SUNRISE MY, PALM SPRINGS, CA 92262 (02) TRH BELL, DAVID E, 234-74-2692, 2320 N SUNRISE MY, PALM SPRINGS, CA 92262 (03) TUC BELL, DAVID E, 234-74-2692, 2320 N SUNRISE MY, PALM SPRINGS, CA 92262 PREVIOUS ADDRESSES ASSOCIATED WITH YOUR CREDIT HISTORY (ID) BUR AS OF PREVIOUS ADDRESSES: ---------------------------------- (01) EFX 09-92 30555 ARBOLREAL, THOUSAND PALMS, CA 92276 (03) TUC 10-87 1 FOR OX, THOUSAND PALMS, CA 92276 (03) TUC UNKN 1895 N VIA MIRALESTE, PALM SPRINGS, CA 92262 CONTINUED ON PAGE FOUR For Questions; Concerning This Report, Call...Privacy Guard:1 (800)443-9345 en HD I PAGE TWO REFERENCE NUMBER 2-96292-2962599-96 MEMBERSHIP NUMBER: 82112371 ACCOUNT NAME/NUMBER/TYPE OF ACCOUNT CREDIT BUREAU DATE HIGH/ MTHLY ACCOUNT LAST ACCOUNT PAST LAST PAST DUE MIST (11)) BUR CODE OPEN LIMIT PYMT BALANCE RPTD STATUS DUE ANT DELNO 30 60 90+ DATE HISTORICAL ACCT STATUS --------------------------------------------------------------------------------------------------------------------- CHEVRON U S A /100328 REVOLVING (01) EFX I 04-80 199 N/A -0- 10-95 CURRENT 00 00 00 10-95 111111111111111111111111 (02) TRW I 10-YR 100 N/A -0- 09-96 CURRENT 00 00 00 09-96 illlil-11111111111111111 (03) TUC I 04-80 199 N/A -0- 10-95 CURRENT 00 00 00 10-95 111111111111 'I DIRECTORS MTG LN CORP /506698 REAL ESTATE (01) EFX I 01-94 114000 1000 CLOSED 07-96 UNRATED 00 00 00 07-96 --I11111111111 (02) TRW I 19-94 114700 N/A N/A 07-96 CURRENT 00 00 00 07-96 1111 (03) TUC 1 01-94 114750 1058 CLOSED 07-96 CURRENT 00 00 00 07-96 11111-I111-111 COMMENTS: EFX: ACCOUNT TRANSFERRED. EFX: REAL ESTATE MORTGAGE. TRW: ACCOUNT TRANSFERRED. TUC: ACCOUNT TRANSFERRED. FRO MOTOR CR /FBA588 INSTALLMENT (01) EFX I 04-87 20000 331 -0- 04-91 CURRENT 00 00 00 04-91 111111111111111111111111 (03) TUC I 04-87 19879 331 -0- 04-91 CURRENT 00 00 00 04-91 11111111111111 G M A C /6931484 INSTALLMENT (02) TRW 1 05-90 49200 N/A CLOSED 08-94 CURRENT 00 00 00 08-94 111111111111111111111111 (03) TUC I 05-90 49214 1025 CLOSED 09-94 CURRENT 00 00 00 05-94 111111111111 GE CAPITAL MORTGAGE /1306 REAL ESTATE (01) EFX 1 12-92 108000 1000 93000 08-96 CURRENT 00 00 00 08-96 111111111111111111111111 (02) TRW S 19-92 108700 1242 93995 06-96 CURRENT 00 00 00 06-96 111111111111111111111111 (03) TUC I 12-92 100750 1242 93157 08-96 CURRENT 00 00 00 08-96 11111111---I COMMENTS: EFX: REAL ESTATE MORTGAGE. GOTTSCHALKS /30052 REVOLVING (01) EFX S 12-94 319 N/A 285 09-96 CURRENT 00 0o 00 09-96 11111111111111111111 (02) TRH S 12-94 300 31 285 10-96 CURRENT 00 00 00 30-96 11111-1111111111111111 (03) TUC S 12-94 319 N/A 306 09-96 CURRENT 00 00 00 09-96 1111-11111-1 GREAT AMER /806310099 INSTALLMENT (03) TUC J 09-84 20856 493 -0- 09-99 CURRENT 00 00 00 09-89 1 NO AMER MTG /36294 REAL ESTATE (01) EFX 1 12-92 109000 1000 CLOSED 09-93 CURRENT 00 00 00 09-93 1111 (03) TUC I 12-92 108750 1207 -0- 09-93 CURRENT 00 00 00 09-93 1-111 COMMENTS: EFX: ACCOUNT TRANSFERRED. EFX: REAL ESTATE MORTGAGE. CONTINUED ON PAGE THREE ICI P MVAcrGU4NW Credit Search Exclusively for •' Privacy Guard Members REPORT DATE: 10/18/96 REFERENCE NUMBER 2-96292-2962598-96 MEMBERSHIP NUMBER: 82112371 ---------------------------------------------------------------------------------------------------------------------- NAME(S): BELL, DAVID EDWIN SOCIAL SECURITY NBR: 234-74-2692 ----------------------------------------------------------------------------------------------------------------------- CURB AODR: 2320 NORTH SUNRISE NY, PALM SPRINGS, CA 92262 FRMR ADDR: --------------------------------------------------------------------------------------------------------------------- REPORT SUMMARY: ______________________________________________________________________________________________________________________ OLDEST ACCOUNT 04/801 REAL ESTATE BAL $93,1571 CURRENT ACCTS. III PUBLIC COLLECTION __________________________________________________..___________________________________-___________________________ CREDIT ACCOUNTS III INSTALLMENT BAL $01 REVOLVING CREDIT AVAIL. 97%1 RECORDS ACCOUNTS --------------------------------------------------------------------------------------------------------------------- CLOSED ACCTS. 41 REVOLVING BAL $2851 WAS DELQ/DEROG Oi EFX 1 0 ___________________________________________________..__________________________________________________________________ INQUIRIES 51 TOTAL R/E PHI $1,2421 NON DELQ/DEROG Oi TRH 1 0 INQS/6 MOS 01 TOTAL OTHER PMT $311 PAST DUE ANT $01 TUC 1 0 ____________________________________________________.________________________________________—_______________________ .._•_' DEROGATORY ITEMS =__________`_____`___'_•__•___------__'___•__•___• PUBLIC RECORD INFORMATION (ID) BUR COURT AND TAX RECORDINGS: ----------------------------------- (01) EFX JUDGEMENT FILED IN 04-91 FOR $560; STATUS UNKNOWN. (OK: 63111, PL: HAKE BUSTER INC, DF: DAVID, CC: IBOVC00827, CM: 1BOVC00827) (02) TRH JUDGEMENT FILED ON 04-24-91 FOR $500; STATUS UNKNOWN. (DK: 63000011, PL! HAKE BUSTER INC, CC: 3012845, CN: PALM SPRINGS MUM CT) (03) TUC CIVIL JUDGEMENT FILED FOR $560; STATUS UNKNOWN; REPORTED IN 04-91. (DK: 63111, PL: MAKE BUSTER INC, CC: Z 508703Z, CN: SMALL CLAIMS) ---------------------------___'________•___' END DEROGATORY ITEMS ••_--------------•------ =='==___________------- ACCOUNT NAME/NUMBER/TYPE OF ACCOUNT CREDIT BUREAU DATE HIGH/ MTHLY ACCOUNT LAST ACCOUNT PAST LAST PAST DUE MIST (ID) BUR CODE OPEN LIMIT PYMT BALANCE RPTD STATUS DUE ANT DELNQ 30 60 90+ DATE HISTORICAL ACCT STATUS ____________________________________________________.__________________________________________________—_______-______ BOHEST CORP /190 REAL ESTATE (01) EFX I 10-86 93000 968 CLOSED 12-92 CURRENT 00 00 00 12-92 111111111111111111111111 (03) TUC J 10-86 93420 968 -0- 12-92 CURRENT 00 00 00 12-92 111111111111 COMMENTS: EFX: CLOSED. EFX: REAL ESTATE MORTGAGE. CONTINUED ON PAGE TWO For Questions Concerning This Report, Call...Privacy Guard.,1 (800)443.9345 Pc,i'.rM n.11(o • • /+R/1/ACYG(/ARD® Credit Search Exclusively for Privacy Guard Members Questions and Answers Regarding Your Report Q. How long does derogatory information remain on my report? A. Derogatory information, like late payments and collection accounts, can generally remain on your credit record for as long as seven years. Bankruptcies may be recorded for 10 years. Q. How do I dispute discrepancies on my credit report? A. Contact the credit bureau(s) reporting the information. If the information is incorrect they will research and verify the accuracy of the information. When sending a dispute to the credit bureau(s), you should send a copy to PrivacyGuard Record Search, P.O. Box 1035, Trumbull, CT 06611-0974. PrivacyGuard will send a new credit report for your verification after 90 days. Q. What does the "Historical Status" mean? A. Historical status is your month to month payment history which may list up to two years of a current or delinquent status. To read it, count from left to right from the last reported date. Q. How may I contact the three national Credit Bureaus? A. The Credit Bureaus' addresses are listed on your report under"Consumer Referral Information". Q. Which Credit Bureaus do I need to contact? A. Contact each credit bureau that is reporting the incorrect information. Fair Credit :Reporting Act Section 611: PROCEDURE IN CASE OF DISPUTED ACCURACY (a)If the completeness or accuracy of any item of information contained in his file is disputed by a consumer, and such dispute is directly conveyed to the consumer reporting agency by ithe consumer, the consumer reporting agency shall within a reasonable period of time reinvestigate and record the current status of that information unless it bas reasonable grounds to believe that the dispute by the consumer is frivolous or irrelevant. If after such reinvestigation such information is found to be inaccurate or can no longer be verified, the consumer reporting agency shall promptly delete such information. The presence of contradictory Information in the consumer's file does not in and of itself constitute reasonable grounds for believing the dispute is frivolous or irrelevant. (b)If the reinvestigation does not resolve the dispute,the consumer may fide a brief statement setting forth the nature of the dispute. The consumer reporting agency may limit such statements to not more than one hundred words if it provides the consumer with assistance in writing a clear summary of the dispute. (c)whenever a statement of a dispute is filed, unless there are reasonable grounds to believe that it is frivolous or irrelevant, the consumer reporting agency shall, In any subsequent consumer report containing the information in question, clearly note that It is disputed by the consumer and provide either the consumer's statement or a clear and accurate codification or summary thereof. (d) Following any deletion of information which is found to be Inaccurate or whose accuracy can no longer be verified or my notation as to disputed information, the consumer reporting agency shall, at the request of the consumer, furnish notification that the item has been deleted or the statement, codification or summary pursuant to subsection (b) or(c)to any person specifically designated by the consumer who has within two years prior thereto received a consumer report for employment purposes,or within six months prior thereto received a consumer report for any other purpose, which contained the deleted or disputed information. The consumer reporting agency shall clearly and conspicuously disclose to the consumer his rights to make such a request. Such disclosure shall be made at or prior to the time the information is deleted or the consumer's statement regarding the disputed information is received. For Questions Concerning This Report, Call...Privacy Guard,1 (800)443-9345 SK STATE P.O. BOX 807, SAN FRANCISMCA 94101-0807 COMPENSATION �` INSURANCE / FUND CERTIFICATE OF WORKERIS', COMPENSATION INSURANCE 'POLICY N BER—t=550—y96 ISSUE DATE: 12-01-96 CERTIFICATE-EXPIRES: 12-01-97 PALM SPRINGS POLICE DEPT. �- ATTN: SGT. HANAVAN P.O. BOX 1830 PALM SPRINGS CA 92263 This is to certify that we have Issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10 days' advance written notice to the employer VVe will also give you 10 days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance 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. PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000.00 PEROCCURRENCE. STANDARD EXCLUSION: INDIVIDUAL EMPLOYERS AND HUSBAND AND WIFE EMPLOYERS -ARE NOT ELIGIBLE FOR BENEFITS AS EMPLOYEES UNDER THIS POLICY. EMPLOYER - } LEGAL NAME, DAVE 'S TOWING SERVICE BELL, DAVID EDWIN 2320 N SUNRISE WAY PALM SPRINGS CA 92262 I PRINTED: 11-20-96 P0409 STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INS U RAN C E FU N D, CERTIFICATE OF WORKERS'COMPENSATION INSURANCE POLICY.NUMBER: CERTIFICATE EXPIRES: F r L_ This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. -- This policy is not subject to cancellation by the Fund except upon ten days'advance written notice to the employer. We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, .term, or condition of any contract or other document with respect to which this certificate of Insurance may be issued or may pertain, the insurance afforded,,by the policies described herein Is subject to all the terms,exclusions and.aondltions,of such policies. AUTHORIZED REPRESENTATIVE - PRESIDENT J •r i J, „� .:i_!1: l o ri'"e_ tr i i I� iwr f +T� ,-'.��,.1 r "' "„ d +.t EMPLOYER DOCUMENT HAPA BLUE PATTERNED BACKGROUND ........ ... .. CERTWI.0 OF ]GIABMITY'NI kN.C.E o e�a i o rnonucDR THIS CERTIFICATE IS ISSUED AS A MATTER OFINFORMATION KEMPS INS AGCY LEAP CARPENTER/ ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE / FIOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTENDOR FRESNO BRANCH ALTER THE COVERAGE AFFORDED BY THE POLICIESI3ELOW. 377 W FALL13ROOK #104 COMPANIES AFFORDING COVERAGE FRESNO CA 93711 COMPANY A NORTHLAND INSURANCE INSURED COMPANY DAVE' S TOWING SERVICE B DAVID BELL COMPANY 178 W SAN RAFAEL RD C �:' PALM SPRINGS CA 92262 COMPANY D 77777777777 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, 'PERM OR CONDITION OF ANY CONTRACT' OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, TIIE 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 CO TYPE Or,INSURANCE POLICY N[JbIIIER POLICY EFFECTIVE POLICY EXPULII'ION LIMITS LTA DATE,(MM/DD/YY) DATE(MMIDDINY) GENERAL LIABILITY - - - - - -- — GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGO S CLAIMS MADE ❑OCCUR PERSONAL&ADV INJURY $ OWNER'S&CONTRACTOR'S PROT EACI I OCCURRENCE T FIRE DAMAGE(Any one fire) $ MED ESP(Any one person) $ AUTOMOBILE LIABILITY TG226782 09/01/01 09/01/02 1, 000 , 000 COMBINED SINGLE LIMIT T ANY AUTO ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per person) S HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per.'dm) % PROPERTY DAMAGE S GARAGE LIABILITY TG226782 09/01/01 09/01/02 AUTO ONLY-EA ACCIDENT S1, 000, 000 X ANY AUTO OTHER THAN AUTO ONLY: X BRD FRM GARAGE EACH ACCIDENT S 1, 000, 000 X NONOWNED AUTO AGGREGATE s2 , 000, 000 EXCESS LIABILITY EACH OCCURRENCE .4 UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM S WC STATU- OTH- WORKERS COMPENSATION AND I'ORV LIMIT'S ER EMPLOYERS'LIABILITY EL EACH ACCIDENT_--___-_$_ TIIE PROPRIETOR/ INCH EL DISEASE-POLICY LIMIT S PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EA CMPLOYEG 5 OTHER TG226782 09/01/01 09/01/02 100 , 000 $1000 DED ON HOOK DESCRIPTION OE OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS *IN THE EVENT OF NOTICE OF CANCELLATION FOR NONPAYMENT THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAY NOTICE . SHOULD ANY OF TIM ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF PALM SPRINGS EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR T(MAB. CITY CLERK OFFICE 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO TBRiF1, P.O. BOX 2743 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OB.IARILITY PALM SPRINGS CA 02263 Or, ANY KIND'UPON TIIE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED'':RCPRESCNTATIVE Lynette_ BiTl's SB B ....... rr'COIi.I'41'RA' T 4tN 1988'.