CC 2013-07-09_08.i. Exclusive Vendor Police Tow Service AgreementsTO:
FROM:
BY:
MEMORANDUM
CITY COUNCIL
STEVEN N. ANNIBALI, CHIEF OF POLICE
KEVIN B. MCBRIDE, POLICE COMMANDER
SUBJECT: CONSIDERATION OF APPROVAL OF EXCLUSIVE VENDOR POLICE
TOW SERVICE AGREEMENTS
DATE: JULY 9, 2013
RECOMMENDATION:
It is recommended that the City Council: 1) approve and authorize the City Manager to
execute a two-year exclusive vendor police tow service agreement with College Towing
South of Grover Beach for light and medium-duty towing; and 2) approve and authorize
the City Manager to execute a two-year exclusive vendor police tow service agreement
with JohnBoy's Towing of Oceano for heavy-duty towing.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
As part of the August 10, 2011 exclusive vendor police tow service agreement the City
entered into with JohnBoy's Towing, an administrative fee of $62 was established by
Council for each vehicle towed by JohnBoy's Towing under the terms of the agreement.
At the time the 2011 agreement was executed, the $62 administrative fee per vehicle
recovered the actual and reasonable costs incurred by the City in connection with ~he
towing service program. That $62 administrative fee per vehicle still reflects the City's
costs in 2013. JohnBoy's Towing paid the City $15,777.00 in administrative fees for the
2011 to 2013 contract to date. This exceeds the $9,424 in revenue originally projected.
BACKGROUND:
On August 10, 2011 the City entered into an exclusive vendor police tow service
agreement with JohnBoy's Towing after a Request for Proposal (RFP) process in which
proposals were solicited from twelve (12) tow operators from_ Santa Maria to San Luis
Obispo. Only three (3) proposals were received in 2011 by the Police Department. At
that time, JohnBoy's Towing submitted the lowest proposal that complied with the Police
Department towing requirements and was granted the exclusive vendor police tow
service agreement in 2011 for light, medium and heavy duty towing.
Item 8.i. - Page 1
CITY COUNCIL
CONSIDERATION TO RENEW THE EXCLUSIVE VENDOR POLICE TOW SERVICE
AGREEMENT
JULY9, 2013
PAGE2
The 2011 exclusive vendor police tow service agreement with JohnBoy's Towing is due
to expire on August 9, 2013. In anticipation' of the expiration of the agreement, on May
8, 2013, the Police Department again initiated an RFP process in which proposals were
solicited from twelve (12) tow operators from Santa Maria to San Luis O.bispo. The RF.P '
process provided written notice to the tow operators that there are no changes in the ,
terms of the tow agreement and towing program requirements from the 2011 version.
Only two (2) proposals were received by the Police Department. College Towing South
provided a proposal that was restricted to light and medium duty towing only. JohnBoy's
Towing provided a bid for light, medium and heavy duty towing.
ANALYSIS OF ISSUES:
Although College Towing South's 2013 proposal was restricted to light and medium-
duty towing, it clearly was the lowest cost proposal in which the company agreed to
comply with the Police Department towing requirements. Additionally, College Towing
South's storage rates were the lowest proposal received.
JohnBoy's Towing also agreed to comply with the Police Department towing
requirements. They submitted the only 2013 proposal that included heavy-duty towing.
However, College Towing South had the lowest cost proposal in the light and medium:.
duty towing category. Although the majority of tows within the City of Arroyo Grande
are of a light or medium nature, the need to have an identified heavy duty tow is
necessary for the occasional event.
ALTERNATIVES:
The following alternatives are provided for the Council's·consideration:
1. Approve staff's recommendation and authorize the City Manager to execute a
two-year exclusive vendor police tow service agreement with College Towing
South of Grover Beach for light and medium-duty towing and authorize the City
Manager to execute a two-year exclusive vendor police tow service agreement
with JohnBoy's Towing of Oceano for heavy-duty towing.
2. Do not approve staff's recommendation; or
3. Provide direction to staff.
ADVANTAGES:
Adopting the staff recommendation would continue the practice of awarding exclusive
vendor police service tow agreements for the next two year term. It will also identify tow
service providers for both light-medium and heavy duty categories. In addition,
adopting the staff recommendation would ensure consistency in the Police Department
mandated high standards of police tow service, while maintaining the revenue stream
that recovers the actual and reasonable costs incurred in connection with the towing
service program.
Item 8.i. - Page 2
CITY COUNCIL
CONSIDERATION TO RENEW THE EXCLUSIVE VENDOR POLICE TOW SERVICE
AGREEMENT
JULY9, 2013
PAGE3
DISADVANTAGES:
The sole vendor provision of the police towing service program restricts the use of
outside tow service providers.
ENVIRONMENTAL REVIEW:
This item is exempt from CEQA per CEQA Guidelines Sections 15321 and 15061(b)(3).
PUBLIC NOTIFICATIONS AND COMMENTS:
The Agenda and report was posted in front of City Hall and on the City's website on
Wednesday, July 3, 2013. No public comments were received.
Attachments:
1. Proposal for light-medium tow service from College Towing South
2. Proposal for light-medium-Heavy Duty tow service from JohnBoy's Towing
3. City of Arroyo Grande Tow Service Agreement with College Towing South
4. City of Arroyo Grande Tow Service Agreement with Johnboy's Towing
Item 8.i. - Page 3
Attachment #1
College Towing Inc
College Towing South
94 Atlantic City Ave
Grover Beach Ca 93423
805-489-8600
6~10-2013
Arroyo Grande Police Dept. exclusive light and medium duty towing contract bid for services
All calls where the CHP 180 form is used $82.00 per hour 1 hour minimum $1.37 per minute
after the first hour
Non CHP 180 form calls $82.00 per hour Yz hour minimum $1.37 per minute after the first X
hour
Outside storage $13.00 per day
Inside storage $15.00 per day
John Mueller
College Towing Inc
General Manager
Item 8.i. - Page 4
.----·
· Attachment #2
I
i!li!I Nipama !it., Oceana, CA. 93445
PH: BDS.474.4357 • FX: BD5.4Bl.B!l3B
5/21/2013
Arroyo Grande Police Department exclusive light, medium, and
heavy duty towing contract bid for services.
Light Duty Calls:-
-All calls where the CHP 180 Form is used: $102 Per Hour -1 hr min.
$1.70 per minute after 1 hour.
-Non CHP 180 Form calls: -$102 Per Hour -1/2 Hour minimum
$1.70 per minute after 30 minutes.
Medium Duty Calls:
-All calJs where the CHP 180 Form is used: $187 Per Hour -1 Hour minimum
$3.12 per minute after 1 hour.
-Non CHP 180 Form calls: -$187 Per Hour -1/2 Hour minimum
$3.12 per minute after 30 Minutes.
Heavy Duty CaJls:
-All calls where the CHP 180 Form is used: $287 Per Hour-1 Hour minimum
$3.79 per minute after 1 hour.
-Non CHP 180 Form calls: -$287 Per Hour -1/2 Hour minimum
$3.79 per minute after 30 Minutes.
Storage Rates:
, -Light: Outside: $20 per day • Inside: $25 per day
-Medium: $48.00 per day
-Heavy: $78.00 per day
•
.. -·"··'·~-~--~ .. -.www.;jahnboystowing.ca111-~--~~,~-~~-,--
Find us on Facebaah -jahnbaystawing
Item 8.i. - Page 5
Page I of I
i!f i!f Nlpania !it. Oceana CA. 93445
PH: 80£474.4357 • FX: BO!!i.4Bl.B93B
Arroyo Grande Police Department exclusive heavy duty towing
contract bid for services.
Heavy Duty Calls:
-All calls where the CHP 180 Form is used: $375 Per Hour -1 Hour minimum
$6.25 per minute after 1 hour.
-Non CHP 180 Form calls: -$375 Per Hour -1 Hour minimum
$6.25 per minute after 30 Minutes.
Storage Rates:
-Heavy: $100.00 per day
· / J:-fcs ~
=======l'l'K'Wl'.~ahnbaystaH'ing;ca1D=======
Find us an Facebaal& -jahnbagstawlng
https://docs.google.com/viewer?attid=O. l &pid=gmail&thid= 13fa57149b5a34dd&url=https... 7/3/2013 Item 8.i. - Page 6
CITY OF ARROYO GRANDE
TOW SERVICE AGREEMENT
ATTACHMENT 3
This AGREEMENT is made and entered into this __ day of , 2013
by and between the CITY OF ARROYO GRANDE, (hereinafter referred to as
"CITY") and College Towing South, whose address is 94 Atlantic City Ave,
Grover Beach, California 93433 (hereinafter referred to as "Operator"), and is
made with reference to the following:
I. RECITALS
A. The City of Arroyo Grande Police Department ("AGPD") has
established a Towing Program in order to provide for the
designation of a specific company as the police tow service
provider. The AGPD desires to ensure the availability of prompt,
efficient and reliable police towing services in emergency or arrest
situations and in the removal of vehicles that are abandoned,
involved in an accident, or constitute an obstruction to traffic
because of mechanical failure within the CITY.
B. In accordance with the AGPD Towing Program, it is the purpose of
this Agreement to provide a fair and impartial means of reviewing
competitive bids for police towing services from qualified Operators
and to ensure that such service is prompt and reasonably priced
and in the best interests of the public as well as the interest of
efficient policing operations for the removal of vehicles from public
property. ,
C. The Chief of Police of the Arroyo Grande Police Department has
selected College Towing South to operate as the AGPD's exclusive
tow service company to provide light and medium -duty tow service
at the request of the Police Department throughout the CITY.
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained in this Agreement, the undersigned parties agree as
follows:
II. TERM
A. The term of this Agreement shall be for two (2) years, and shall
commence on the __ day of , 2013, and shall terminate
on the __ day of , 2015, unless terminated earlier as
set forth herein.
Item 8.i. - Page 7
Ill. SERVICES TO BE PERFORMED BY OPERATOR
A. The Operator agrees to operate as the AGPD's exclusive light and
medium -duty police tow service company pursuant to the terms of
this Agreement.
B. All services of the Operator shall be performed in accordance with
the AGPD Towing Program requirements, a copy of which is
attached hereto as Exhibit "A," and made a part of this Agreement
as if fully set forth at this point.
IV. RATES AND FEES
A. The Operator shall charge the rates and fees for services in
accordance with the AGPD Towing Program requirements.
B. In accordance with this Agreement, the Operator shall pay to
the CITY a fee of $62 for each vehicle provided tow service at
the request of the AGPD for which a CHP 180 Form is
completed. The parties agree that based upon the analysis
contained in the Staff Report dated January 12, 2010 from the
Chief of Police to the Arroyo Grande City Council, this fee
represents an amount necessary for the CITY to recover its actual
and reasonable costs incurred in connection with its towing service
program, consistent with the requirements of Vehicle Code Section
12110(b).
1 . Fee payments shall be made on a quarterly basis to the
Director of Administrative Services for the CITY, payable no
later than the 15th calendar day of the month following the
close of each preceding quarter.
V. INDEPENDENT CONTRACTOR
A. The parties of this Agreement intend that the relationship between
them created by this Agreement is that of CITY-independent
contractor. The manner and means of conducting the work are
under the control of the Operator, except to the extent limited by
statute, rule or regulation and the express terms of this Agreement.
No civil service status or other right of employment will be acquired
by virtue of the Operator's services. None of the benefits provided
by the CITY or the AGPD to its employees, including but not limited
to unemployment insurance, workers' compensation insurance,
retirement and deferred compensation plans, vacation and sick
leave, are available from the CITY to the Operator, its employees or
agents.
2
Item 8.i. - Page 8
VI. HOLD HARMLESS
A. The Operator shall indemnify, defend and hold harmless the CITY,
its City Council, boards and commissions, officers, agents, servants
and employees from and against any and all loss, damages,
liability, claims, suits, costs and expenses (including attorney's
fees) for damages of any nature whatsoever, including, but not
limited to, bodily injury, death, personal injury, property damages,
or any other claims arising from any and all negligent acts or
omissions of the Operator, its employees, agents or subcontractors
which arise out of or result from, or occur in connection with the
Operator's performance of services pursuant to ·this Agreement.
This hold harmless and indemnification provision shall survive
termination of this Agreement.
VII. INSURANCE
A. Without limiting the indemnification provided in Section VI above,
the Operator shall obtain and maintain throughout the term of this
Agreement, at the Operator's sole cost and expense, insurance
against claims for injuries to persons or damages to property which
may arise from or in connection with the services provided by the
Operator under this Agreement. On or before the commencement
of the term of this Agreement, the Operator shall furnish the CITY
with certificates showing the type, amount, class or operations
covered by such insurance, and the effective dates and dates of
expiration of such insurance policies. Such certificates shall also
contain substantially the following statement: "The insurance
covered by this certificate will not be canceled or materially altered,
except after thirty (30) days written notice has been received by the
CITY."
B. All insurance policies shall be issued by an insurance company
currently authorized by the Insurance Commissioner to transact the
business of insurance in the State of California, with an assigned
policyholders' Rating of A (or higher) and Financial Size Category
Class VII (or larger) in accordance with the latest edition of Bests
Key Rating Guide, unless otherwise approved by the CITY Director
of Administrative Services. The policies required are as follows:
1. Commercial Liabilitv: The Operator shall obtain and
maintain at all times during the term of this Agreement
comprehensive general commercial liability insurance
covering third-party liability risks in a minimum amount of $2
million combined single limit per occurrence for bodily injury,
personal injury and property damage.
3
Item 8.i. - Page 9
2. Automobile Liability: Commercial automobile liability and
property insurance covering any vehicles owned, leased,
hired or borrowed by the Operator in a minimum amount of
$2 million combined single limit per occurrence for bodily
injury and property damage, and shall include sudden and
accidental coverage.
3. Workers' Compensation: The Operator shall maintain full
Worker's Compensation Insurance for all persons for whom
it employs in accordance with the requirements of the most
current and applicable State Workers' Compensation
Insurance laws in effect
4. Subrogation Waiver: The Operator agrees that in the event
of loss due to any of the perils for which it has agreed to
provide insurance, the Operator shall look solely to its
insurance for recovery. The Operator hereby grants to the
CITY, on behalf of any insurer providing insurance to either
the Operator or the CITY with respect to the services of the
Operator herein, a waiver of any right of subrogation that any
such insurer of said the Operator may acquire against the
CITY by virtue of the payment of any loss under such
insurance.
5. Additional Insured: The CITY, its City Council, boards and
commissions, officers, agents, servants and employees shall
be named as an additional insured on all policies of
insurance required by this Agreement. The naming of an
additional insured shall not affect any recovery to which such
additional insured would be entitled under this policy if not
named as such additional insured and an additional insured
named herein shall not be held liable for any premium or
expense of any nature on this policy or extension thereof.
Any other insurance held by an additional insured shall not
be required to contribute anything toward any loss or
expense covered by the insurance provided by this policy.
Proceeds from any such policy or policies shall be payable
to the CITY primarily, and to the Operator secondarily, if
necessary.
C. The Operator agrees that if any policy of insurance required by this
Agreement is not maintained in full force and effect, the Chief of
Police or his/her designee may, in his/her sole discretion, suspend
this Agreement, immediately, until such time as the required
insurance is in effect and the required certificates and
endorsements are delivered to the CITY.
4
Item 8.i. - Page 10
XVII. PROHIBITION AGAINST TRANSFER
A. The Operator shall not assign, sublease, hypothecate or transfer
this Agreement or any interest therein directly or indirectly, by
operation of law or otherwise, without the prior written consent of
the CITY. Any attempt to do so without the consent of the CITY
shall be null and void, and any assignee, subleasee, hypothecatee
or transferee shall acquire no right or interest by reason of such
attempted assignment, hypothecate or transfer.
B. The sale, assignment, transfer or other disposition of any of the
issued and outstanding capital stock of the Operator, or of the
interest of any general partner or joint venture or syndicate member
or cotenant, which shall result in change in the control of the
Operator, shall be construed as an assignment of this Agreement.
Control means fifty percent (50%) or more of the voting power of
the corporation, partnership, joint venture, syndicate, or co-tenancy.
XVIII. PERMITS AND LICENSES
A. The Operator, at its sole expense, shall obtain and maintain during
the term of this Agreement, all appropriate permits, licenses and
certificates that may be required in connection with the
performance of services provided hereunder including, but not
limited to CITY zoning and business license requirements and the
appropriate display of the business license on a tow vehicle or
business location.
XIX. NOTICES
A. All notices, demands, requests or approvals to be given under this
Agreement shall be given in writing and shall be deemed served
when delivered personally or on the second business day after
deposit in the United States mail, postage prepaid, registered or
certified, addressed as hereinafter provided.
All notices, demands, requests or approvals from the Operator to the
CITY shall be addressed to the Arroyo Grande Police Department at:
Arroyo Grande Police Department
200 North Halcyon Road
Arroyo Grande, California 93420
Attention: Chief of Police
5
Item 8.i. - Page 11
All notices, demands, requests or approvals from the CITY to the
Operator shall be addressed to Operator at:
College Towing South
94 Atlantic City Ave
Grover Beach CA 93433
XX. TERMINATION OF AGREEMENT
A. The grounds for termination of this Agreement include breach of
any terms of this Agreement. In the event the Operator has
breached the terms of this Agreement or other grounds for
termination exist, the CITY shall provide written notice of the nature
of the default and the steps necessary to cure the default. If such
default is not cured within a period of two (2) days after receipt by
the Operator of written notice of default, this Agreement may be
terminated by the Chief of Police by giving written notice to the
Operator. Notice that the Agreement has been terminated shall
state the reasons for termination. Notwithstanding any other term
or provision of this Agreement, either party may terminate this
Agreement upon 30 days written notice.
XXI. COST OF LITIGATION
A. If any legal action is necessary to enforce any provisions of this
Agreement or for damages by reason of an alleged breach of any
provisions of this Agreement, the prevailing party shall be entitled to
receive from the losing party all reasonable attorneys' fees and
costs.
XXll. COMPLIANCE WITH ALL LAWS
A. The Operator shall comply with all laws, state or federal, and all
ordinances, rules and regulations enacted or issued by the CITY.
XXlll. WAIVER
A. A waiver by the CITY of any breach of any term, covenant or
condition contained herein shall not be deemed to be a waiver of
any subsequent breach of the same or any other term, covenant or
condition contained herein whether of the same or a different
character.
XXIV. INTEGRATED CONTRACT
A. This Agreement represents the full and complete understanding of
every kind or nature whatsoever between the parties hereto and all
preliminary negotiations and agreements of whatsoever kind or
6
Item 8.i. - Page 12
nature are merged herein. No verbal agreement or implied
covenant shall be held to vary the provisions hereof. Any
modification of this Agreement will be effective only by written
execution signed by both the CITY and the Operator.
The CITY hereby reserves every right and power, in the exercise
thereof, which is reserved or authorized by any provision of any
lawful ordinance or resolution of the CITY, whether enacted before
or after the effective date of this Agreement. Neither the decision to
select the Operator as a rotational police tow service provider nor
any provision of this Agreement shall constitute a waiver or a bar to
the exercise of any governmental right or power of the CITY.
XIV. OPERATOR MEETINGS
A. As necessary, the Chief of Police or his/her designee will schedule
and chair a meeting with the Operator. The purpose of the meeting
will be to discuss and, if possible, resolve mutual problems. While
attendance is not mandatory, it is strongly encouraged.
B. The undersigned agrees that as a condition for inclusion in the
towing list of the AGPD, he/she will fully comply with the Agreement
and all towing service procedures as established by the AGPD.
Furthermore, the undersigned agrees that any failure to fully
comply with the provisions of this Agreement, by him/her or anyone
in his/her employment, may be cause for immediate suspension or
removal from the towing list and/or termination of the Agreement,
upon notification by the Chief of Police.
7
Item 8.i. - Page 13
IN WITNESS THEREOF, the parties hereto have caused the Agreement to be
executed the day and year first above written.
CITY OF ARROYO GRANDE CONTRACTOR
Steven Adams, City Manager
Its: ----------(Title)
Attest:
Kelly Wetmore, City Clerk
Approved As To Form:
Timothy J. Carmel, City Attorney
8
Item 8.i. - Page 14
ARROYO GRANDE POLICE DEPARTMENT
TOWING PROGRAM
I. PURPOSE AND INTENT
Exhibit A
This Towing Program is established to set forth standards to provide for a
method of establishing a towing program whereby a towing service company can
be designated the exclusive police tow service provider for the Arroyo Grande
Police Department (AGPD). The AGPD desires to ensure the availability of
prompt, efficient and reliable police towing services in emergency or arrest
situations and in the removal of vehicles that are abandoned, involved in an
accident, or constitute an obstruction to traffic because of mechanical failure
within the City of Arroyo Grande (City).
It is the purpose and intent of this Towing Program to provide a fair and impartial
means of requesting bid proposals for police towing services from qualified tow
companies (hereinafter called "Operator'') and to ensure that police towing
service is prompt and reasonably priced and in the best interests of the public as
well as the interest of efficient policing operations for the removal of vehicles from
public property. Agreements entered into by the City pursuant to this Towing
Program shall be exclusive based upon a review of the bids submitted that are
consistent with the specifications of the AGPD.
II. OPERATOR AGREEMENT AND TOWING PROCEDURE.
A. The City may enter into an Agreement with an Operator to provide
exclusive towing service for the AGPD pursuant to the terms of this
Towing Program.
B. The Operator shall be available on a 24-hour, 7-day a week basis
and the area of availability of such service shall be within the
incorporated City limits. The Operator shall provide a 20-minute
response time. In the event the Operator is unable. to respond or
will be delayed, AGPD Dispatch shall be notified immediately and
another tow service company may be requested by the AGPD.
Ill. RATES AND FEES.
A. The Operator shall charge rates for services originating from the
AGPD based upon an open competitive bid process announced by
a Request for Proposal (RFP).
Item 8.i. - Page 15
Exhibit A
1. Based upon the rates submitted, the Chief of Police or
his/her designee shall determine the lowest reasonable bid
that is consistent with the requirements of the AGPD.
a. A reasonable rate shall be not in excess of 115% of
the average of rates charged for similar services by all
competitive bids submitted by the Operators.
2. The rates shall apply to all vehicles towed at the request of
the AGPD, whether or not a CHP Form 180 is completed,
including vehicles towed at the driver's/owner's request
if the driver/owner does not specifically request the
contract Operator. For example, a vehicle involved in a
traffic collision may be towed at the request of the
driver/owner because the driver/owner has no preference for
a specific Operator, but a CHP Form 180 would not be
completed. The AGPD rates shall apply to that vehicle.
3. The rates submitted shall be all-inclusive based upon
the type of towing service, e.g. light, medium or heavy
duty.
B. An Operator who submits a rate that is determined by the Chief of
Police or his/her designee to be unreasonable shall be allowed to
re-submit rates only one time.
1. If the re-submitted rate is determined to be unreasonable,
the Operator shall be disqualified until the next enrollment
period.
2. The Operator shall be provided with written notification
regarding disqualification within thirty (30) days.
C. Rate requirements represent the maximum the Operator may
charge. The Operator is not precluded from charging less when
deemed appropriate by the Operator.
1. These requirements shall not be construed as requiring a
charge if an Operator would not normally charge for a
specific service.
D. In an effort to remain competitive in the open market, the Operator
may lower retail rates at any time by notifying the AGPD. When the
Operator lowers the retail rate, that retail rate becomes the
Operator's new approved rate. Operators may raise rates for non-
AGPD calls at anytime.
Item 8.i. - Page 16
Exhibit A
E. Any Operator who charges rates above the submitted rates for an
AGPD call shall be in violation of the Agreement and subject to
disciplinary action up to and including termination of the
Agreement.
F. No Operator or employee shall refer to any rate as a required or
"AGPD Rate."
G. The approved schedule of rates charged by the Operator shall be
available in the tow vehicle and shall be presented upon demand to
the vehicle owner/agent for whom the tow service was provided or
to any AGPD member at the scene.
H. There shall be no additional charge for moving, e.g. driving, towing,
pushing or utilizing a forklift a stored vehicle from inside an
Operator's storage yard to the front of the business establishment.
I. Operators may only raise rates during the RFP period or upon
approval after a mid-term agreement review.
J. The rate for towing service shall be computed from portal to portal
when a vehicle is towed to the Operator's storage yard.
1 . Portal to portal is defined as follows: Time shall start from
either the point of dispatch or upon departure from the place
of business, whichever is closer to the location of the call,
and shall end at the estimated time of return to the place of
business or completion of the call, if any other call is
pending, whichever is shorter.
2. The time expended for towing a vehicle back to the
Operator's storage yard shall be charged at a rate not to
exceed the hourly rate. Time expended in excess of the
hourly rate shall be in no more than one-minute increments.
There shall be no additional charges for mileage, labor, etc.
K. The Operator may charge up to a one-hour minimum per call on
AGPD response calls.
L. The Operator may submit two tow rates to the AGPD: One rate for
calls originating during normal business hours and another rate for
calls originating after normal business hours.
M. The Operator shall base towing charges upon the class of vehicle
being towed regardless of the class of tow vehicle used, except
when the vehicle recovery operation requires a large class tow
vehicle.
Item 8.i. - Page 17
Exhibit A
1 . The Operator shall only provide bids on the type of towing
service, i.e .. light, medium or heavy duty, that the Operator
can provide with his/her own company. As such, based
upon a review of the bids, it may be necessary to determine
one designated Operator for light and medium duty towing
service and another designated Operator for heavy duty
towing service.
N. Fees for special operations shall be reasonable and consistent with
industry standards for similar operations.
0. Storage Fees
1 . The Operator shall submit proposed storage fees for inside
and outside storage to the AGPD. The Chief of Police or
his/her designee shall determine the reasonableness of the
storage fees for inside and outside storage based upon the
average of the proposed storage fees submitted.
a. Fees charged for storage of a vehicle originating from
the AGPD shall be reasonable and not in excess of
115% of the average of rates charged for similar
storage services by all competitive bids submitted by
the Operators.
b. The Operator shall display in plain view at all cashiers'
stations a sign as described in Section 3070(d)(2)(E)
of the Civil Code disclosing all storage fees and
charges in force, including the maximum storage rate.
c. Vehicles stored 24 hours or less shall be charged no
more than one-day storage pursuant to Section
3068.1(a) of the Civil Code. Each day thereafter may
be calculated on a full calendar-day basis, pursuant to
Section 3068.1 (a) of the Civil Code.
d. Inside storage fees shall only be charged when inside
storage is requested by the AGPD, registered owner,
legal owner, insurance company, or when inside
storage can be reasonably justified by the Operator.
P. AAA Rates
1. If an AGPD tow and/or storage involves a vehicle subject to
special tow and/or storage rates, e.g. AAA or a similar
company requested by the driver/owner, the tow and/or
storage rate shall not exceed the rate established by AAA or
a similar company.
Item 8.i. - Page 18
Exhibit A
Q. Collusion
1. The Operator and/or applicant shall not conspire, attempt to
conspire, or commit any other act of collusion with any other
Operator and/or applicant for the purpose of secretly, or
otherwise, establishing an understanding regarding rates or
conditions to the Towing Program agreement that would
bring about any unfair condition that could be prejudicial to
the AGPD or the public.
2. A finding by the AGPD that any Operator or applicant has
been involved in collusion shall be cause for denial of an
application or shall nullify the Towing Program agreement
with that Operator. Any Operator or applicant found to be
involved in any act, or attempted act, of collusion shall be
disqualified from participation in all AGPD tow lists for the
current term of the Agreement, plus three (3) years.
R. In accordance with this Towing Program, the Agreement shall
provide that the Operator shall pay to the City a fee for each
vehicle towed for which a CHP 180 Form is completed. This
fee shall be calculated so as to be consistent with the requirements
of California Vehicle Code Section 12110(b) which permits the City
to collect a fee to recover its actual and reasonable costs incurred
in connection with its towing service program. As of February 12,
2010, such fee shall be $62/vehicle towed for which a CHP 180
Form is completed under the terms of the Towing Program and
Agreement.
1 . Fee payments shall be made on a quarterly basis to the
Director of Administrative Services for the City of Arroyo
Grande, payable no later than the 15th calendar day of the
month following the close of each preceding quarter.
IV. STORAGE OF VEHICLES
A. The Operator shall store all impounded/stored vehicles, together
with all accessories, equipment, and personal property located on
or in each vehicle, in a storage facility approved by the AGPD and
within reasonable driving distance from the City. Such storage
facility shall contain a minimum of 25 vehicle storage spaces.
B. The Operator shall maintain minimum operating hours for the
storage facility of Monday through Friday, 8:00 AM to 5:00 PM,
except legal holidays. An attendant responsible for arranging the
release of vehicles to the public shall be present in person or on-
call during those days and times to respond to police requests and
to assist the public in obtaining vehicles within a reasonable time.
Item 8.i. - Page 19
Exhibit A
C. Provisions will be made for the adequate off-street security of
vehicles and property at the place of storage. As a minimum, a 6-
foot high fenced or enclosed area shall be provided.
D. The Operator shall take any and all reasonable measures
necessary to prevent theft or damage to vehicles and the
accessories, equipment, or other personal property on or in them
while in the storage facility.
E. At the discretion of the vehicle owner, the Operator shall repair
damage to a vehicle that occurs while the vehicle is under his/her
control or shall reimburse vehicle owners for such damage if such
damage is caused by the action(s) of the Operator. "Damage"
includes, but is not limited, to body damage such as dents, paint
damage, and chrome damage; transmission damage;
undercarriage damage caused by unreasonable towing procedures;
and cut, broken, removed or damaged accessories and wires
caused by unreasonable towing procedures.
F. Vehicles that are impounded as evidence shall be stored in a
secure area and under conditions approved by the AGPD. The
storage area shall be protected against access by persons not
authorized by the AGPD. The AGPD shall retain sole custody of
the lock mechanism used to prevent unauthorized access to
vehicles impounded as evidence.
1. At the reasonable discretion of the AGPD, the Operator
agrees to tow a vehicle impounded as evidence to an
alternative secure storage facility, e.g. the San Luis Obispo
County Sheriff's Department. The Operator shall be entitled
to charge all reasonable towing fees associated with towing
a vehicle impounded as evidence to an alternative secure
storage facility.
G. The Operator shall take all reasonable precautions required by the
AGPD to avoid damage to any evidence in or on a vehicle, e.g.
fingerprints, stains, or forensic evidence.
H. The Operator agrees to reduce or waive towing and/or storage fees
when reasonably requested by any AGPD supervisor of the rank of
Police Sergeant or above. Such request shall generally be limited
to the towing of City or AGPD vehicles and the towing and storage
of other vehicles as a result of a mistake or error by a City or AGPD
member.
I. The Operator agrees to hold the registered owner of a vehicle
impounded as evidence by AGPD responsible for all towing
and impound/storage fees, including towing fees created by
towing a vehicle to an alternative secure storage facility
outside the City.
Item 8.i. - Page 20
Exhibit A
J. The tow service will provide a receipt with a copy placed in the
stored vehicle whenever any item is removed from that vehicle and
taken to another place of storage.
K. Only upon approval from the AGPD and with AGPD present
shall the Operator release personal property from a vehicle
impounded for evidence or investigation. The personal
property shall only be released to the person approved by the
AGPD.
1 . There shall be no charge for the release of personal property
during normal business hours as per California Vehicle Code
Section 22851(b). Pursuant to Section 22851(b) of the
California Vehicle Code, an Operator may charge a release
fee for property released after normal business hours that
shall not exceed one-half the hourly tow rate charged, or
less, for initially towing the vehicle.
2. Personal property is considered to be items that are not
affixed to the vehicle.
a. Personal property includes: papers, transportable
cellular telephones, portable stereo equipment,
clothes, luggage, tools, etc.
b. Personal property from a stored vehicle shall be
released upon request of the vehicle owner or agent.
3. Cargo shall be released upon demand of the carrier or
pursuant to a court order.
4 No lien shall be attached to any personal property in or on
the vehicle, pursuant to Section 22851(b) of the California
Vehicle Code.
L. All vehicles towed and stored by the AGPD shall be made available
by the Operator to the owner of the vehicle or his/her
representative, any insurance agent, insurance adjuster, or any
body shop or car dealer for the purpose of estimating or appraising
damages, except vehicles impounded as evidence.
M. All vehicles towed and stored as a result of an AGPD request shall
be towed directly to the Operator's storage lot unless the AGPD or
other person legally responsible for the vehicle requests that it be
taken to another location.
N. The Operator shall not proceed with any repair work on a vehicle or
place any charges against a vehicle other than those required for
towing and storage at the request of the AGPD, unless authorized
by the vehicle owner or his/her designated agent.
Item 8.i. - Page 21
Exhibit A
0 The Operator shall keep a written record of every vehicle stored for
a period longer than 12 hours, pursuant to Section 10650(a) of the
California Vehicle Code.
1. Such record shall contain the name and address of the
person storing or requesting the tow, the names of the owner
and driver of the vehicle (if reasonably ascertainable) and a
brief description of the vehicle (make, model, license plate
and any vehicle damage) pursuant to Section 10650(b) of
the California Vehicle Code.
V. RECORDS
A. The Operator will maintain records of towing and storage services
furnished at the Operator's primary business office. Records for
each call shall indicate the description of each vehicle, the nature of
service, start time, end time, location of call, itemized costs of
towing and storage and tow vehicle driver's name and tow vehicle
used. If Form CHP422A, Notice of Stored Vehicle, is not received
within one week from the date of storage, the Operator must
contact the AGPD. The Operator's lien for towing and storage is
contingent upon the required notice being forwarded to the legal
and registered owners of such vehicle. The Operator will comply
with Section 10652 of the California Vehicle Code in reporting the
storage of vehicles over 30 days.
C. When disposing of unclaimed vehicles, the Operator shall abide by
all applicable California Civil Code regulations and requirements.
D. Upon specific request from the AGPD, or at least on a quarterly
basis on or before the 15th calendar day of the month following the
close of the preceding quarter, an Operator shall submit a report to
the Chief of Police and/or the Administrative Services Director
which shall include the following:
1. Total calls for police tows and storage/impounds.
2. Location of the calls.
3. Number of vehicles towed and stored/impounded.
4. License number, make and model of each vehicle towed or
stored/impounded.
5. Date of release of each vehicle.
6. Person or firm to whom the vehicle was released.
7. Charges imposed and proceeds received.
8. Number of vehicles sold on lien sale under authority of
Section 3072, California Civil Code and reporting such lien
sales as per authority of Section 22851.2 of the California
Vehicle Code.
Item 8.i. - Page 22
Exhibit A
9. Number of vehicles sold under authority of Section 3073,
California Civil Code (under $200 value).
10. Names and addresses of buyers and descriptions of vehicles
when sold.
11. Total price and net price the Operator received from each
vehicle disposed of by lien sale.
E. Operators shall maintain all records related to police tows and
storage/impounds under the Agreement for a period of three (3)
years. Such records shall include, but are not limited to:
1. Information described in Sections VA through D.
2. Vehicle impound reports (CHP 180).
3. Copies of registered letters to vehicle owners.
4. Charge sheets that list police tow, labor and storage fees
charged against each vehicle and administrative fees
collected on behalf of the City or the AGPD. Charge sheets
must contain the signature of the vehicle owner or legal
representative and be available for reasonable periodic data
collection.
5. Inventory list of personal property in each vehicle impounded
or stored.
6. Record of all vehicles sold under authority of California Civil
Code Section 307 4.
7. Record of all vehicles sold under authority of California Civil
Code Section 3072.
F. All required reports and records shall be furnished at the sole
expense of the Operator and shall be submitted on computer disk,
or by modem, in a format compatible with the City computer system
at no additional charge to the City.
G. All Operator records shall be subject to periodic inspection without
notice during normal business hours by AGPD personnel.
H. All reports provided by the Operator pursuant to this Towing
Program shall be signed under penalty of perjury by a responsible
official representing the Operator that the report is complete and
true.
VI. FINANCIAL INTEREST
A. No Operator or applicant shall be directly involved in the towing-
related business of any other Operator or applicant in the AGPD
Towing Program.
Item 8.i. - Page 23
Exhibit A
B. The sale or transfer of the controlling interest in a company shall
immediately terminate the Agreement. A new owner may apply for
the Towing Program at any time during the remainder of the current
Agreement term regardless of the open enrollment period.
VII. OPERATION
A. Operators and tow vehicle drivers will be sufficiently capable to
ensure safe and proper discharge of their service responsibilities.
1. Operators applying for the Towing Program shall have a
minimum of three (3) verifiable years of for-hire towing
experience, as an owner or principal, prior to the final filing
date of an enrollment period in order to qualify for the towing
list.
a. The three (3) verifiable years of for-hire towing
experience shall be decided by the AGPD.
2. Operators and owners who do not meet the three (3)
verifiable years of for-hire towing experience may be
considered for the towing list if a full-time manager is
employed who possesses three (3) verifiable years of for-
hire towing experience as an owner, principal or full-time
manager.
a. The three (3) verifiable years of for-hire towing
experience as an owner, principal or full-time
manager shall be decided by the AGPD.
b. Management experience shall be decided and
qualified by the AGPD as an individual with general
powers that reasonably infers that the individual so
designated is vested with the general conduct and
control of his/her employer's business or an individual
who has charge and control of a business and is
vested with a certain reasonable level of discretion
and independent judgment.
c. If a manager ceases to be employed by an Operator,
the Agreement shall be terminated until a new
manager is approved by the AGPD.
B. Operators and tow vehicle drivers will be properly licensed in
accordance with the requirements of the California Vehicle Code.
C. Tow vehicles will be maintained in compliance with the applicable
California Vehicle Code Sections and the California Revenue and
Taxation Code.
1. The Operator shall arrange with the AGPD or the CHP for
inspection of new and/or replacement tow vehicles prior to
placing them in service.
Item 8.i. - Page 24
Exhibit A
2. The Operator must equip each tow vehicle in compliance
with Section 27700(a) of the California Vehicle Code. This
Section of the California Vehicle Code requires the driver of
the tow vehicle to remove all glass and debris deposited
upon the roadway by the disabled vehicle.
3. The Operator must comply with Section 27907 of the
California Vehicle Code regarding signs on tow vehicles.
D. An Operator on the AGPD towing list is required to have an ample
supply of highway flares in each tow vehicle. Flares used by a tow
vehicle prior to the arrival of the AGPD will be replaced by the
AGPD.
E. All tow vehicles must be equipped with two-way radios between the
tow vehicle and the Operator's dispatch personnel.
F. A request from the AGPD for any type of towing services shall not
be accepted unless:
1. A tow vehicle and competent driver are immediately
available.
2. The specific rig and/or equipment requested is/are
immediately available.
G. In the event there is to be a delay in responding to the call, such
fact shall be made known to the AGPD so that a determination may
be made if the call should be directed to another towing company.
Deliberately providing misleading information shall result in
disciplinary action. If the Operator will be unavailable for any
extended period of time, the AGPD must be notified.
H. AGPD calls shall not be referred to nor accepted from another
towing agency unless requested to do so by the AGPD. If the
Operator cannot respond, the AGPD must be advised. The AGPD
will then decide what alternative tow service will be called.
1 . If the Operator assigned to an initial call requires assistance
from an additional towing company, the Operator may, with
the concurrence of the AGPD personnel at the scene of the
incident, request a specific towing company for additional
assistance. Such request shall be routed through the
AGPD.
I. When tow service is requested by the AGPD, then cancelled prior
to the vehicle actually being towed, the Operator shall not charge
the AGPD. The Operator may collect fees for services from the
vehicle owner, if appropriate. (This paragraph does not apply to
"owner's request" for services).
Item 8.i. - Page 25
Exhibit A
J. Unreasonable excessive failures to comply with the response
provisions above without reasonable explanation(s) shall
result in removal from the towing list, subject to the
termination provisions in the Tow Service Agreement.
K. If it is detennined that the Operator is not needed and is canceled
by the AGPD, up to and including arrival at the scene, there shall
be no monetary charges. There shall be no monetary charges for
standby time that does not result in a tow.
1 . If the tow service is canceled by the vehicle's owner or agent
prior to the Operator taking possession of the vehicle, there
shall be no charges for towing. The Operator shall
immediately contact the AGPD and advise of the
cancellation.
L. If an Operator who is not called to a collision comes upon a
collision scene where a vehicle or vehicles is/are blocking a
roadway or where immediate tow assistance is needed for
lifesaving operations, the AGPD officer on scene may direct that
Operator to move vehicle(s). The Operator shall provide the
assistance as directed. There shall be no charge for this
assistance.
M. The Operator receiving a call shall be certain that it is understood
exactly where the accident or incident is located and the type of
equipment required before leaving to the call. If there is a question
as to this infonnation, the AGPD Dispatch should be contacted at
473-5100. If the tow driver is unable to find the vehicle or accident
scene, the driver should use the nearest telephone and request
further instruction.
N. Speed and driving procedure enroute to a tow request must be
within lawful limits. Unless an emergency is encountered, no stops
should be made enroute to the accident or incident scene. If a
delay in response is unavoidable, a reasonable effort should be
made to advise the AGPD Dispatch.
1. No flashing or rotating warning lights are to be used enroute
to any calls.
0. All tow drivers should receive and sign a copy of the AGPD storage
report from the officer requesting his/her services, as well as to
indicate agreement with the inventory in and on the vehicle being
towed. The tow driver, upon signing for the inventory of the
contents of the vehicle stored by the AGPD, is responsible for this
property.
Item 8.i. - Page 26
Exhibit A
P. The AGPD officer at the scene investigating an accident or incident
is in charge. Anyone called to the scene will act under his/her
direction. Any problems that may arise at the scene may be
addressed to the Chief of Police or his/her designee by telephone,
in writing, or by appointment in person. An officer at the scene will
normally not involve himself/herself in towing techniques, but only
in maintaining the security of the incident scene.
1. If two or more towing companies are called to the same
incident, distribution of the vehicles shall be at the discretion
of the AGPD.
Q. The Operator is required to have in its possession Transportation
Permits that are issued by the Department of Transportation
authorizing the movement of extra-legal size loads and/or
equipment. Operators of heavy-duty tow vehicles shall obtain
permits for movements involving extra-legal size and/or weight. An
Operator desiring such a permit should contact the California
Department of Transportation Permit Department in San Luis
Obispo.
R. All towing services that will result in road blockage in excess of 30
minutes during a salvage operation and where there will be no
AGPD officer in attendance shall have an appropriate
encroachment permit obtained at first opportunity. These permits
can be secured from the California Department of Transportation or
the San Luis Obispo County Road Department, whichever is
appropriate.
S. ALL VEHICLES TOWED AT THE REQUEST OF THE AGPD
FOR WHICH A CHP FORM 180 HAS BEEN COMPLETED MUST
BE RELEASED ONLY WITH AUTHORIZATION FROM THE
AGPD. All vehicle owners requesting the release of their
vehicles shall be directed to the AGPD to obtain the necessary
documentation to authorize the release.
VIII. STANDARD OF CARE
A. Operators shall warrant and guarantee that all services performed
pursuant to an Agreement with the City shall be provided in a
manner reasonably consistent with the highest professional
standards and shall be performed by qualified, licensed, and
experienced personnel. The Operator shall be responsible for the
acts employees while on duty. The Operator shall not permit any of
the following conditions to occur:
1. Failure to comply with the requirements and provisions of the
signed AGPD Tow Service Agreement.
2. Repeated and/or flagrant violations of the provisions of the
California Vehicle Code by the driver(s) or Operator(s).
Item 8.i. - Page 27
Exhibit A
3. A pattern of not being available, failure to answer calls, or
failure to respond to calls within the required 20-minute time
frame.
4. Failure to reimburse the owner for property stolen or lost
while under control of the Operator.
5. Failure to maintain reasonably clean and orderly storage
facilities.
6. Failure to perform all towing operations in the safest and
most expeditious manner reasonably possible.
7. Failure to ensure that all tow drivers who respond to AGPD
tows are at least 18 years of age and in possession of
current and proper class of license and endorsements for the
towed and towing vehicle.
8. Failure to ensure that all tow drivers who respond to AGPD
tows are wearing an identifiable uniform, e.g. shirts and
pants or coveralls, displaying the company and driver name
while engaged in AGPD tows.
9. Failure to ensure that all tow drivers who respond to AGPD
tows present a professional personal appearance. An
unacceptable personal appearance would include, but is not
limited to, unbathed or excessively dirty/tom uniform.
10. Failure to ensure that all tow drivers who respond to AGPD
tows are wearing appropriate warning garments, e.g. vests,
jackets, shirts or retro-reflective clothing, for daylight and
hours of darkness in accordance with California Code of
Regulations, Title 8, Section 1598.
a. If the tow driver is working on a Federal-aid highway,
the driver shall comply with the guidelines contained
in the Federal Code of Regulations, Title 23,
Highways, Chapter 1, Federal Highway
Administration, Department of Transportation, Part
634, Worker Visibility that requires high-visibility
personal protective safety clothing to be worn that
meets the Performance Class 2 or 3 requirements of
the ANSl/ISEA 107-2004 (compliance date of
November 24, 2008).
11. Failure to comply with the secure storage requirements for
vehicles impounded as evidence by the AGPD.
12. Failure to maintain reasonable business records related to
AGPDtows.
13. Engaging in unethical business practices.
Item 8.i. - Page 28
Exhibit A
14. Failure to maintain a current City of Arroyo Grande business
license.
15. Failure to participate in and/or comply with the AGPD 72-
hour vehicle abatement program.
16. For any reasonably justifiable cause as determined by the
Chief of Police or his/her designee.
IX. INSPECTION OF TOW SERVICES
A. The AGPD shall provide or arrange for not less than one annual
inspection of all tow vehicles at no charge to the Operator. The
AGPD may conduct additional inspections without notice during
normal business hours. The Operator shall not dispatch a tow
vehicle to an AGPD initiated call that has not been inspected and
approved.
1. Inspection of tow vehicles by the AGPD may be waived
when there is documentation of current CHP inspection of
the vehicle provided to the AGPD.
B. Storage facilities for the Operator will be inspected at random to
ensure compliance with the applicable provisions of the California
Vehicle Code and this Agreement.
X. DEMEANOR AND CONDUCT
A. While involved in AGPD towing operations or related business, the
Operator and/or employees shall refrain from any acts of
misconduct including, but not limited to, any of the following:
1. Rude or discourteous behavior.
2. Lack of service, selective service, or refusal to provide
service that 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 alcoholic beverage
and/or illegal narcotic use.
6. Appearing at the scene of an AGPD towing call with the odor
of an alcoholic beverage emanating from the driver's or
employee's breath.
a. The tow driver shall submit to a preliminary alcohol
screening (PAS) examination upon demand of the
AGPD.
Item 8.i. - Page 29
Exhibit A
XI. TOW COMPLAINTS
A. All AGPD related tow service complaints received by the AGPD
against an Operator or the Operator's employees will be accepted
and investigated in a fair and impartial manner.
1 . The Operator and his/her employees shall cooperate with
the AGPD and/or its designated representative during the
course of an investigation.
2. As a result of the investigation, the AGPD may remove the
Operator from the towing list.
3. The Operator will be notified of the results of all
investigations if legally permitted and/or if notification will not
jeopardize a criminal investigation in writing within 30
calendar days of the conclusion of the investigation.
B. Should the filing of criminal charges be a possibility, the AGPD will
conduct the investigation to conclusion or assist the lead
investigating agency and, if warranted, request criminal
prosecution.
XII. COMPLIANCE WITH LAW
A. The Operator and his/her employees shall at all times comply with
federal, state and local laws and ordinances.
B Any conviction of the Operator or an employee involving a stolen or
embezzled vehicle, fraud related to the towing business, stolen or
embezzled property, a crime of violence, an illegal drug-related
offense, felony driving under the influence of an alcoholic beverage
or drugs, misdemeanor driving under the influence of an alcoholic
beverage or drugs or moral turpitude should be cause for
suspension or removal of an Operator or employee, denial of an
Operator's application or termination of the Agreement.
C. Operators and their employees shall not accept gratuities pursuant
to Section 1211 O(a) of the California Vehicle Code.
D. Operators and their employees shall not accept a gratuity from a
repair shop for the delivery of a vehicle not owned by the repair
shop or tow company, for the purpose of storage or repair pursuant
to Section 12110(c) of the California Vehicle Code.
E. Operators shall satisfy a court order mandating reimbursement to
the vehicle or property owner for damage or loss that occurred
while the vehicle or property was in the Operator's custody.
F. Any Operator or employee arrested/charged with any of the above
issues should be suspended until the case is adjudicated.
Item 8.i. - Page 30
Exhibit A
XIII. COMPLIANCE WITH THE AGREEMENT
A. The Operator agrees, as a condition of inclusion in the Towing
Program, to comply with the terms and conditions of the
Agreement. Failure to comply with the requirements of the
Program will result in removal as the designated Operator for police
tows, subject to the termination provisions in the Tow Service
Agreement.
B. A violation of the equipment requirement related to safety shall be
cause for immediate suspension that shall remain in effect until the
suspension period is completed and the AGPD has inspected the
equipment and determined that the Operator is in compliance.
C. A violation of intentionally overcharging or a pattern of overcharging
shall be cause for immediate suspension that shall remain in effect
until the suspension period is completed and proof of
reimbursement to the aggrieved customer(s) has been provided to
the AGPD.
D. Operators and/or their employees shall not record, e.g. videotape
or photograph, a scene unless it is for official use by the tow
company for business-related reasons.
1. The AGPD personnel on scene shall determine when an
Operator or his/her employee may record a scene for tow-
related business reasons.
2. If an Operator or his/her employee is determined to be in
violation of this condition, the recording shall be immediately
surrendered to the AGPD.
XIV. MID-TERM REVIEW
A. A mid-term review of the terms and conditions of the existing
Agreement may be provided by the AGPD if there is a legitimate
and substantial change in conditions or laws impacting the majority
of tow service companies in the Arroyo Grande area or the AGPD.
B. A mid-term review, if granted, will not automatically authorize a
change in the terms or conditions of an existing Agreement.
1. It is the responsibility of the AGPD to review the conditions
that initially caused the mid-term review and determine if any
change in the terms or conditions of the existing Agreement
is justified. If the mid-term review is requested by the
Operator, it is the responsibility of the Operator to provide
the relevant information necessary for the AGPD to review
the request.
Item 8.i. - Page 31
Exhibit A
XV. ADVERTISING
A. An Operator shall not display any sign or engage in any
advertisement indicating an official or unofficial connection with the
AGPD.
XVI. 72-HOUR/ABATEMENT TOWS
A. The Operator agrees to participate in the AGPD established vehicle
abatement program. When a vehicle is found to be in violation of
an applicable section of the California Vehicle Code or the Arroyo
Grande Municipal Code regarding abandoned vehicles, call out
procedures for abatement towing are the same as regular towing
with some defined exceptions:
1. Dispatch or any member of the AGPD authorized by the
Traffic Unit commander will contact the Operator.
2. A CHP 180 form will be completed by AGPD personnel and
delivered to Dispatch after the vehicle has been removed by
the Operator.
3. Abatement towing should only be completed during normal
business hours.
B. Failure to comply with the requirements of the Towing
Program regarding vehicle abatement towing may be
considered adequate grounds for removal from the towing list,
subject to the termination provisions in the Tow Service
Agreement.
D. The Operator must respond to an abatement tow request within 24
hours. Under special limited circumstances, e.g. an abandoned
vehicle causing a public safety hazard, the Operator must respond
as soon as reasonably possible. Failure to comply with this
requirement of the Towing Program may be considered
adequate grounds for removal from the towing list, subject to
the termination provisions in the Tow Service Agreement.
XVII. ENROLLMENT PERIOD
A. The request for proposal (RFP) bid period must be held every two
(2) years to coincide with the two-year term of the tow agreement.
The RFP period will be open for at least 30 days and the date is
determined by the Chief of Police or his/her designee.
B. Applicants shall be given a 30-day written notice of the annual RFP
period.
Item 8.i. - Page 32
CITY OF ARROYO GRANDE
TOW SERVICE AGREEMENT
ATTACHMENT 4
This AGREEMENT is made and entered into this __ day of , 2013
by and between the CITY OF ARROYO GRANDE, (hereinafter referred to as
"CITY") and JohnBoy's Towing, a California corporation whose address is 2091
21st Street, Oceano, California 93445 (hereinafter referred to as "Operator''), and
is made with reference to the following:
I. RECITALS
A. The City of Arroyo Grande Police Department ("AGPD") has
established a Towing Program in order to provide for the
designation of a specific company as the police tow service
provider. The AGPD desires to ensure the availability of prompt,
efficient and reliable police towing services in emergency or arrest
situations and in the removal of vehicles that are abandoned,
involved in an accident, or constitute an obstruction to traffic
because of mechanical failure within the CITY.
B. In accordance with the AGPD Towing Program, it is the purpose of
this Agreement to provide a fair and impartial means of reviewing
competitive bids for police towing services from qualified Operators
and to ensure that such service is prompt and reasonably priced
and in the best interests of the public as well as the interest of
efficient policing operations for the removal of vehicles from public
property.
C. The Chief of Police of the Arroyo Grande Police Department has
selected JohnBoy's Towing to operate as the AGPD's exclusive tow
service company to provide heavy-duty tow service at the request
of the Police Department throughout the CITY.
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained in this Agreement, the undersigned parties agree as
follows:
II. TERM
A. The term of this Agreement shall be for two (2) years, and shall
commence on the __ day of , 2013, and shall terminate
on the __ day of , 2015, unless terminated earlier as
set forth herein.
Item 8.i. - Page 33
Ill. SERVICES TO BE PERFORMED BY OPERATOR
A. The Operator agrees to operate as the AGPD's exclusive heavy-
duty police tow service company pursuant to the terms of this
Agreement.
B. All services of the Operator shall be performed in accordance with
the AGPD Towing Program requirements, a copy of which is
attached hereto as Exhibit "A," and made a part of this Agreement
as if fully set forth at this point.
IV. RATES AND FEES
A. The Operator shall charge the rates and fees for services in
accordance with the AGPD Towing Program requirements.
B. In accordance with this Agreement, the Operator shall pay to
the CITY a fee of $62 for each vehicle provided tow service at
the request of the AGPD for which a CHP · 1so Form is
completed. The parties agree that based upon the analysis
contained in the Staff Report dated January 12, 2010 from the
Chief of Police to the Arroyo Grande City Council, this fee
represents an amount necessary for the CITY to recover its actual
and reasonable costs incurred in connection with its towing service
program, consistent with the requirements of Vehicle Code Section
12110(b).
1. Fee payments shall be made on a quarterly basis to the
Director of Administrative Services for the CITY, payable no
later than the 15th calendar day of the month following the
close of each preceding quarter.
V. INDEPENDENT CONTRACTOR
A. The parties of this Agreement intend that the relationship between
them created by this. Agreement is that of CITY-independent
contractor. The manner and means of conducting the work are
under the control of the Operator, except to the extent limited by
statute, rule or regulation and the express terms of this Agreement.
No civil service status or other right of employment will be acquired
by virtue of the Operator's services. None of the benefits provided
by the CITY or the AGPD to its employees, including but not limited
to unemployment insurance, workers' compensation insurance,
retirement and deferred compensation plans, vacation and sick
leave, are available from the CITY to the Operator, its employees or
agents.
2
Item 8.i. - Page 34
VI. HOLD HARMLESS
A. The Operator shall indemnify, defend and hold harmless the CITY,
its City Council, boards and commissions, officers, agents, servants
and employees from and against any and all loss, damages,
liability, claims, suits, costs and expenses (including attorney's
fees) for damages of any nature whatsoever, including, but not
limited to, bodily injury, death, personal injury, property damages,
or any other claims arising from any and all negligent acts or
omissions of the Operator, its employees, agents or subcontractors
which arise out of or result from, or occur in connection with the
Operator's performance of services pursuant to this Agreement.
This hold harmless and indemnification provision shall survive
termination of this Agreement.
VII. INSURANCE
A. Without limiting the indemnification provided in Section VI above,
the Operator shall obtain and maintain throughout the term of this
Agreement, at the Operator's sole cost and expense, insurance
against claims for injuries to persons or damages to property which
may arise from or in connection with the services provided by the
Operator under this Agreement. On or before the commencement
of the term of this Agreement, the Operator shall furnish the CITY
with certificates showing the type, amount, class or operations
covered by such insurance, and the effective dates and dates of
expiration of such insurance policies. Such certificates shall also
contain substantially the following statement: "The insurance
covered by this certificate will not be canceled or materially altered,
except after thirty (30) days written notice has been received by the
CITY."
B. All insurance policies shall be issued by an insurance company
currently authorized by the Insurance Commissioner to transact the
business of insurance in the State of California, with an assigned
policyholders' Rating of A (or higher) and Financial Size Category
Class VII (or larger) in accordance with the latest edition of Bests
Key Rating Guide, unless otherwise approved by the CITY Director
of Administrative Services. The policies required are as follows:
1. Commercial Liability: The Operator shall obtain and
maintain at all times during the term of this Agreement
comprehensive general commercial liability insurance
covering third-party liability risks in a minimum amount of $2
million combined single limit per occurrence for bodily injury,
personal injury and property damage.
3
Item 8.i. - Page 35
2. Automobile Liability: Commercial automobile liability and
property insurance covering any vehicles owned, leased,
hired or borrowed by the Operator in a minimum amount of
$2 million combined single limit per occurrence for bodily
injury and property damage, and shall include sudden and
accidental coverage.
3. Workers' Compensation: The Operator shall maintain full
Worker's Compensation Insurance for all persons for whom
it employs in accordance with the requirements of the most
current and applicable State Workers' Compensation
Insurance laws in effect
4. Subrogation Waiver: The Operator agrees that in the event
of loss due to any of the perils for which it has agreed to
provide insurance, the Operator shall look solely to its
insurance for recovery. The Operator hereby grants to the
CITY, on behalf of any insurer providing insurance to either
the Operator or the CITY with respect to the services of the
Operator herein, a waiver of any right of subrogation that any .
such insurer of said the Operator may acquire against the
CITY by virtue of the payment of any loss under such
insurance.
5. Additional Insured: The CITY, its City Council, boards and
commissions, officers, agents, servants and employees shall
be named as an additional insured on all policies of
insurance required by this Agreement. The naming of an
additional insured shall not affect any recovery to which such
additional insured would be entitled under this policy if not
named as such additional insured and an additional insured
named herein shall not be held liable for any premium or
expense of any nature on this policy or extension thereof.
Any other insurance held by an additional insured shall not
be required to contribute anything toward any loss or
expense covered by the insurance provided by this policy.
Proceeds from any such policy or policies shall be payable
to the CITY primarily, and to the Operator secondarily, if
necessary.
C. The Operator agrees that if any policy of insurance required by this
Agreement is not maintained in full force and effect, the Chief of
Police or his/her designee may, in his/her sole discretion, suspend
this Agreement, immediately, until such time as the required
insurance is in effect and the required certificates and
endorsements are delivered to the CITY.
4
Item 8.i. - Page 36
XVII. PROHIBITION AGAINST TRANSFER
A. The Operator shall not assign, sublease, hypothecate or transfer
this Agreement or any interest therein directly or indirectly, by
operation of law or otherwise, without the prior written consent of
the CITY. Any attempt to do so without the consent of the CITY
shall be null and void, and any assignee, subleasee, hypothecatee
or transferee shall acquire no right or interest by reason of such
attempted assignment, hypothecate or transfer.
B. The sale, assignment, transfer or other disposition of any of the
issued and outstanding capital stock of the Operator, or of the
interest of any general partner or joint venture or syndicate member
or cotenant, which shall result in change in the control of the
Operator, shall be construed as an assignment of this Agreement.
Control means fifty percent (50%) or more of the voting power of
the corporation, partnership, joint venture, syndicate, or co-tenancy.
XVIII. PERMITS AND LICENSES
A. The Operator, at its sole expense, shall obtain and maintain during
the term of this Agreement, all appropriate permits, licenses and
certificates that may be required in connection with the
performance of services provided hereunder including, but not
limited to CITY zoning and business license requirements and the
appropriate display of the business license on a tow vehicle or
business location.
XIX. NOTICES
A. All notices, demands, requests or approvals to be given under this
Agreement shall be given in writing and shall be deemed served
when delivered personally or on the second business day after
deposit in the United States mail, postage prepaid, registered or
certified, addressed as hereinafter provided.
All notices, demands, requests or approvals from the Operator to the
CITY shall be addressed to the Arroyo Grande Police Department at:
Arroyo Grande Police Department
200 North Halcyon Road
Arroyo Grande, California 93420
Attention: Chief of Police
5
Item 8.i. - Page 37
All notices, demands, requests or approvals from the CITY to the
Operator shall be addressed to Operator at:
JohnBoy's Towing
2091 21st Street
Oceana, CA 93445
XX. TERMINATION OF AGREEMENT
A. The grounds for termination of this Agreement include breach of
any terms of this Agreement. In the event the Operator has
breached the terms of this Agreement or other grounds for
termination exist, the CITY shall provide written notice of the nature
of the default and the steps necessary to cure the default. If such
default is not cured within a period of two (2) days after receipt by
the Operator of written notice of default, this Agreement may be
terminated by the Chief of Police by giving written notice to the
Operator. Notice that the Agreement has been terminated shall
state the reasons for termination. Notwithstanding any other term
or provision of this Agreement, either party may terminate this
Agreement upon 30 days written notice.
XXI. COST OF LITIGATION
A. If any legal action is necessary to enforce any provisions of this
Agreement or for damages by reason of an alleged breach of any
provisions of this Agreement, the prevailing party shall be entitled to
receive from the losing party all reasonable attorneys' fees and
costs.
XXll. COMPLIANCE WITH ALL LAWS
A. The Operator shall comply with all laws, state or federal, and all
ordinances, rules and regulations enacted or issued by the CITY.
XXlll. WAIVER
A. A waiver by the CITY of any breach of any term, covenant or
condition contained herein shall not be deemed to be a waiver of
any subsequent breach of the same or any other term, covenant or
condition contained herein whether of the same or a different
character.
XXIV. INTEGRATED CONTRACT
A. This Agreement represents the full and complete understanding of
every kind or nature whatsoever between the parties hereto and all
preliminary negotiations and agreements of whatsoever kind or
6
Item 8.i. - Page 38
nature are merged herein. No verbal agreement or implied
covenant shall be held to vary the provisions hereof. Any
modification of this Agreement will be effective only by written
execution signed by both the CITY and the Operator.
The CITY hereby reserves every right and power, in the exercise
thereof, which is reserved or authorized by any provision of any
lawful ordinance or resolution of the CITY, whether enacted before
or after the effective date of this Agreement. Neither the decision to
select the Operator as a rotational police tow service provider nor
any provision of this Agreement shall constitute a waiver or a bar to
the exercise of any governmental right or power of the CITY.
XIV. OPERATOR MEETINGS
A. As necessary, the Chief of Police or his/her designee will schedule
and chair a meeting with the Operator. The purpose of the meeting
will be to discuss and, if possible, resolve mutual problems. While
attendance is not mandatory, it is strongly encouraged.
B. The undersigned agrees that as a condition for inclusion in the
towing list of the AGPD, he/she will fully comply with the Agreement
and all towing service procedures as established by the AGPD.
Furthermore, the undersigned agrees that any failure to fully
comply with the provisions of this Agreement, by him/her or anyone
in his/her employment, may be cause for immediate suspension or
removal from the towing list and/or termination of the Agreement,
upon notification by the Chief of Police.
7
Item 8.i. - Page 39
IN WITNESS THEREOF, the parties hereto have caused the Agreement to be
executed the day and year first above written.
CITY OF ARROYO GRANDE CONTRACTOR
Steven Adams, City Manager
{Title)
Attest:
Kelly Wetmore, City Clerk
Approved As To Form:
Timothy J. Carmel, City Attorney
8
Item 8.i. - Page 40
ARROYO GRANDE POLICE DEPARTMENT
TOWING PROGRAM
I. PURPOSE AND INTENT
Exhibit A
This Towing Program is established to set forth standards to provide for a
method of establishing a towing program whereby a towing service company can
be designated the exclusive police tow service provider for the Arroyo Grande
Police Department (AGPD). The AGPD desires to ensure the availability of
prompt, efficient and reliable police towing services in emergency or arrest
situations and in the removal of vehicles that are abandoned, involved in an
accident, or constitute an obstruction to traffic because of mechanical failure
within the City of Arroyo Grande (City).
It is the purpose and intent of this Towing Program to provide a fair and impartial
means of requesting bid proposals for police towing services from qualified tow
companies (hereinafter called "Operator'') and to ensure that police towing
service is prompt and reasonably priced and in the best interests of the public as
well as the interest of efficient policing operations for the removal of vehicles from
public property. Agreements entered into by the City pursuant to this Towing
Program shall be exclusive based upon a review of the bids submitted that are
consistent with the specifications of the AGPD.
II. OPERATOR AGREEMENT AND TOWING PROCEDURE.
A. The City may enter into an Agreement with an Operator to provide
exclusive towing service for the AGPD pursuant to the terms of this
Towing Program.
B. The Operator shall be available on a 24-hour, 7-day a week basis
and the area of availability of such service shall be within the
incorporated City limits. The Operator shall provide a 20-minute
response time. In the event the Operator is unable to respond or
will be delayed, AGPD Dispatch shall be notified immediately and
another tow service company may be requested by the AGPD.
Ill. RATES AND FEES.
A. The Operator shall charge rates for services originating from the
AGPD based upon an open competitive bid process announced by
a Request for Proposal (RFP).
Item 8.i. - Page 41
Exhibit A
1. Based upon the rates submitted, the Chief of Police or
his/her designee shall determine the lowest reasonable bid
that is consistent with the requirements of the AGPD.
a. A reasonable rate shall be not in excess of 115% of
the average of rates charged for similar services by all
competitive bids submitted by the Operators.
2. The rates shall apply to all vehicles towed at the request of
the AGPD, whether or not a CHP Form 180 is completed,
including vehicles towed at the driver's/owner's request
if the driver/owner does not specifically request the
contract Operator. For example, a vehicle involved in a
traffic collision may be towed at the request of the
driver/owner because the driver/owner has no preference for
a specific Operator, but a CHP Form 180 would not be
completed. The AGPD rates shall apply to that vehicle.
3. The rates submitted shall be all-inclusive based upon
the type of towing service, e.g. light, medium or heavy
duty.
B. An Operator who submits a rate that is determined by the Chief of
Police or his/her designee to be unreasonable shall be allowed to
re-submit rates only one time.
1. If the re-submitted rate is determined to be unreasonable,
the Operator shall be disqualified until the next enrollment
period.
2. The Operator shall be provided with written notification
regarding disqualification within thirty (30) days.
C. Rate requirements represent the maximum the Operator may
charge. The Operator is not precluded from charging less when
deemed appropriate by the Operator.
1 . These requirements shall not be construed as requiring a
charge if an Operator would not normally charge for a
specific service.
D. In an effort to remain competitive in the open market, the Operator
may lower retail rates at any time by notifying the AGPD. When the
Operator lowers the retail rate, that retail rate becomes the
Operator's new approved rate. Operators may raise rates for non-
AGPD calls at anytime.
Item 8.i. - Page 42
Exhibit A
E. Any Operator who charges rates above the submitted rates for an
AGPD call shall be in violation of the Agreement and subject to
disciplinary action up to and including termination of the
Agreement.
F. No Operator or employee shall refer to any rate as a required or
"AGPD Rate."
G. The approved schedule of rates charged by the Operator shall be
available in the tow vehicle and shall be presented upon demand to
the vehicle owner/agent for whom the tow service was provided or
to any AGPD member at the scene.
H. There shall be no additional charge for moving, e.g. driving, towing,
pushing or utilizing a forklift a stored vehicle from inside an
Operator's storage yard to the front of the business establishment.
I. Operators may only raise rates during the RFP period or upon
approval after a mid-term agreement review.
J. The rate for towing service shall be computed from portal to portal
when a vehicle is towed to the Operator's storage yard.
1 . Portal to portal is defined as follows: Time shall start from
either the point of dispatch or upon departure from the place
of business, whichever is closer to the location of the call,
and shall end at the estimated time of return to the place of
business or completion of the call, if any other call is
pending, whichever is shorter.
2. The time expended for towing a vehicle back to the
Operator's storage yard shall be charged at a rate not to
exceed the hourly rate. Time expended in excess of the
hourly rate shall be in no more than one-minute increments.
There shall be no additional charges for mileage, labor, etc.
K. The Operator may charge up to a one-hour minimum per call on
AGPD response calls.
L. The Operator may submit two tow rates to the AGPD: One rate for
calls originating during normal business hours and another rate for
calls originating after normal business hours.
M. The Operator shall base towing charges upon the class of vehicle
being towed regardless of the class of tow vehicle used, except
when the vehicle recovery operation requires a large class tow
vehicle.
Item 8.i. - Page 43
Exhibit A
1. The Operator shall only provide bids on the type of towing
service, i.e. light, medium or heavy duty, that the Operator
can provide with his/her own company. As such, based
upon a review of the bids, it may be necessary to determine
one designated Operator for light and medium duty towing
service and another designated Operator for heavy duty
towing service.
N. Fees for special operations shall be reasonable and consistent with
industry standards for similar operations.
0. Storage Fees
1 . The Operator shall submit proposed storage fees for inside
and outside storage to the AGPD. The Chief of Police or
his/her designee shall determine the reasonableness of the
storage fees for inside and outside storage based upon the
average of the proposed storage fees submitted.
a. Fees charged for storage of a vehicle originating from
the AGPD shall be reasonable and not in excess of
115% of the average of rates charged for similar
storage services by all competitive bids submitted by
the Operators.
b. The Operator shall display in plain view at all cashiers'
stations a sign as described in Section 3070(d)(2)(E)
of the Civil Code disclosing all storage fees and
charges in force, including the maximum storage rate.
c. Vehicles stored 24 hours or less shall be charged no
more than one-day storage pursuant to Section
3068.1 (a) of the Civil Code. Each day thereafter may
be calculated on a full calendar-day basis, pursuant to
Section 3068.1(a) of the Civil Code.
d. Inside storage fees shall only be charged when inside
storage is requested by the AGPD, registered owner,
legal owner, insurance company, or when inside
storage can be reasonably justified by the Operator.
P. AAA Rates
1. If an AGPD tow and/or storage involves a vehicle subject to
special tow and/or storage rates, e.g. AAA or a similar
company requested by the driver/owner, the tow and/or
storage rate shall not exceed the rate established by AAA or
a similar company.
Item 8.i. - Page 44
Exhibit A
Q. Collusion
1. The Operator and/or applicant shall not conspire, attempt to
conspire, or commit any other act of collusion with any other
Operator and/or applicant for the purpose of secretly, or
otherwise, establishing an understanding regarding rates or
conditions to the Towing Program agreement that would
bring about any unfair condition that could be prejudicial to
the AGPD or the public.
2. A finding by the AGPD that any Operator or applicant has
been involved in collusion shall be cause for denial of an
application or shall nullify the Towing Program agreement
with that Operator. Any Operator or applicant found to be·
involved in any act, or attempted act, of collusion shall be
disqualified from participation in all AGPD tow lists for the
current term of the Agreement, plus three (3) years.
R. In accordance with this Towing Program, the Agreement shall
provide that the Operator shall pay to the City a fee for each
vehicle towed for which a CHP 180 Form is completed. This
fee shall be calculated so as to be consistent with the requirements
of California Vehicle Code Section 1211 O(b) which permits the City
to collect a fee to recover its actual and reasonable costs incurred
in connection with its towing service program. As of February 12,
2010, such fee shall be $62/vehicle towed for which a CHP 180
Form is completed under the terms of the Towing Program and
Agreement.
1 . Fee payments shall be made on a quarterly basis to the
Director of Administrative Services for the City of Arroyo
Grande, payable no later than the 15th calendar day of the
month following the close of each preceding quarter.
IV. STORAGE OF VEHICLES
A. The Operator shall store all impounded/stored vehicles, together
with all accessories, equipment, and personal property located on
or in each vehicle, in a storage facility approved by the AGPD and
within reasonable driving distance from the City. Such storage
facility shall contain a minimum of 25 vehicle storage spaces.
B. The Operator shall maintain minimum operating hours for the
storage facility of Monday through Friday, 8:00 AM to 5:00 PM,
except legal holidays. An attendant responsible for arranging the
release of vehicles to the public shall be present in person or on-
call during those days and times to respond to police requests and
to assist the public in obtaining vehicles within a reasonable time.
Item 8.i. - Page 45
Exhibit A
C. Provisions will be made for the adequate off-street security of
vehicles and property at the place of storage. As a minimum, a 6-
foot high fenced or enclosed area shall be provided.
D. The Operator shall take any and all reasonable measures
necessary to prevent theft or damage to vehicles and the
accessories, equipment, or other personal property on or in them
while in the storage facility.
E. At the discretion of the vehicle owner, the Operator shall repair
damage to a vehicle that occurs while the vehicle is under his/her
control or shall reimburse vehicle owners for such damage if such
damage is caused by the action(s) of the Operator. "Damage"
includes, but is not limited, to body damage such as dents, paint
damage, and chrome damage; transmission damage;
undercarriage damage caused by unreasonable towing procedures;
and cut, broken, removed or damaged accessories and wires
caused by unreasonable towing procedures.
F. Vehicles that are impounded as evidence shall be stored in a
secure area and under conditions approved by the AGPD. The
storage area shall be protected against access by persons not
authorized by the AGPD. The AGPD shall retain sole custody of
the lock mechanism used to prevent unauthorized access to
vehicles impounded as evidence.
1. At the reasonable discretion of the AGPD, the Operator
agrees to tow a vehicle impounded as evidence to an
alternative secure storage facility, e.g. the San Luis Obispo
County Sheriff's Department. The Operator shall be entitled
to charge all reasonable towing fees associated with towing
a vehicle impounded as evidence to an alternative secure
storage facility.
G. The Operator shall take all reasonable precautions required by the
AGPD to avoid damage to any evidence in or on a vehicle, e.g.
fingerprints, stains, or forensic evidence.
H. The Operator agrees to reduce or waive towing and/or storage fees
when reasonably requested by any AGPD supervisor of the rank of
Police Sergeant or above. Such request shall generally be limited
to the towing of City or AGPD vehicles and the towing and storage
of other vehicles as a result of a mistake or error by a City or AGPD
member.
I. The Operator agrees to hold the registered owner of a vehicle
impounded as evidence by AGPD responsible for all towing
and impound/storage fees, including towing fees created by
towing a vehicle to an alternative secure storage facility
outside the City.
Item 8.i. - Page 46
Exhibit A
J. The tow service will provide a receipt with a copy placed in the
stored vehicle whenever any item is removed from that vehicle and
taken to another place of storage.
K. Only upon approval from the AGPD and with AGPD present
shall the Operator release personal property from a vehicle
impounded for evidence or investigation. The personal
property shall only be released to the person approved by the
AGPD.
1 . There shall be no charge for the release of personal property
during normal business hours as per California Vehicle Code
Section 22851(b). Pursuant to Section 22851(b) of the
California Vehicle Code, an Operator may charge a release
fee for property released after normal business hours that
shall not exceed one-half the hourly tow rate charged, or
less, for initially towing the vehicle.
2. Personal property is considered to be items that are not
affixed to the vehicle.
a. Personal property includes: papers, transportable
· cellular telephones, portable stereo equipment,
clothes, luggage, tools, etc.
b. Personal property from a stored vehicle shall be
released upon request of the vehicle owner or agent.
3. Cargo shall be released upon demand of the carrier or
pursuant to a court order.
4 No lien shall be attached to any personal property in or on
the vehicle, pursuant to Section 22851(b) of the California
Vehicle Code.
L. All vehicles towed and stored by the AGPD shall be made available
by the Operator to the owner of the vehicle or his/her
representative, any insurance agent, insurance adjuster, or any
body shop or car dealer for the purpose of estimating or appraising
damages, except vehicles impounded as evidence.
M. All vehicles towed and stored as a result of an AGPD request shall
be towed directly to the Operator's storage lot unless the AGPD or
other person legally responsible for the vehicle requests that it be
taken to another location.
N. The Operator shall not proceed with any repair work on a vehicle or
place any charges against a vehicle other than those required for
towing and storage at the request of the AGPD, unless authorized
by the vehicle owner or his/her designated agent.
Item 8.i. - Page 47
Exhibit A
0 The Operator shall keep a written record of every vehicle stored for
a period longer than 12 hours, pursuant to Section 10650(a) of the
California Vehicle Code.
1. Such record shall contain the name and address of the
person storing or requesting the tow, the names of the owner
and driver of the vehicle (if reasonably ascertainable) and a
brief description of the vehicle (make, model, license plate
and any vehicle damage) pursuant to Section 10650(b) of
the California Vehicle Code.
V. RECORDS
A. The Operator will maintain records of towing and storage services
furnished at the Operator's primary business office. Records for
each call shall indicate the description of each vehicle, the nature of
service, start time, end time, location of call, itemized costs of
towing and storage and tow vehicle driver's name and tow vehicle
used. If Form CHP422A, Notice of Stored Vehicle, is not received
within one week from the date of storage, the Operator must
contact the AGPD. The Operator's lien for towing and storage is
contingent upon the required notice being forwarded to the legal
and registered owners of such vehicle. The Operator will comply
with Section 10652 of the California Vehicle Code in reporting the
storage of vehicles over 30 days.
C. When disposing of unclaimed vehicles, the Operator shall abide by
all applicable California Civil Code regulations and requirements.
D. Upon specific request from the AGPD, or at least on a quarterly
basis on or before the 15th calendar day of the month following the
close of the preceding quarter, an Operator shall submit a report to
the Chief of Police and/or the Administrative Services Director
which shall include the following:
1. Total calls for police tows and storage/impounds.
2. Location of the calls.
3. Number of vehicles towed and stored/impounded.
4. License number, make and model of each vehicle towed or
stored/impounded.
5. Date of release of each vehicle.
6. Person or firm to whom the vehicle was released.
7. Charges imposed and proceeds received.
8. Number of vehicles sold on lien sale under authority of
Section 3072, California Civil Code and reporting such lien
sales as per authority of Section 22851.2 of the California
Vehicle Code.
Item 8.i. - Page 48
Exhibit A
9. Number of vehicles sold under authority of Section 3073,
California Civil Code (under $200 value).
10. Names and addresses of buyers and descriptions of vehicles
when sold.
11. Total price and net price the Operator received from each
vehicle disposed of by lien sale.
E. Operators shall maintain all records related to police tows and
storage/impounds under the Agreement for a period of three (3)
years. Such records shall include, but are not limited to:
1. Information described in Sections VA through D.
2. Vehicle impound reports (CHP 180).
3. Copies of registered letters to vehicle owners.
4. Charge sheets that list police tow, labor and storage fees
charged against each vehicle and administrative fees
collected on behalf of the City or the AGPD. Charge sheets
must contain the signature of the vehicle owner or legal
representative and be available for reasonable periodic data
collection.
5. Inventory list of personal property in each vehicle impounded
or stored.
6. Record of all vehicles sold under authority of California Civil
Code Section 3074.
7. Record of all vehicles sold under authority of California Civil
Code Section 3072.
F. All required reports and records shall be furnished at the sole
expense of the Operator and shall be submitted on computer disk,
or by modem, in a format compatible with the City computer system
at no additional charge to the City.
G. All Operator records shall be subject to periodic inspection without
notice during normal business hours by AGPD personnel.
H. All reports provided by the Operator pursuant to this Towing
Program shall be signed under penalty of perjury by a responsible
official representing the Operator that the report is complete and
true.
VI. FINANCIAL INTEREST
A. No Operator or applicant shall be directly involved in the towing-
related business of any other Operator or applicant in the AGPD
Towing Program.
Item 8.i. - Page 49
Exhibit A
B. The sale or transfer of the controlling interest in a company shall
immediately terminate the Agreement. A new owner may apply for
the Towing Program at any time during the remainder of the current
Agreement term regardless of the open enrollment period.
VII. OPERATION
A. Operators and tow vehicle drivers will be sufficiently capable to
ensure safe and proper discharge of their service responsibilities.
1. Operators applying for the Towing Program shall have a
minimum of three (3) verifiable years of for-hire towing
experience, as an owner or principal, prior to the final filing
date of an enrollment period in order to qualify for the towing
list.
a. The three (3) verifiable years of for-hire towing
experience shall be decided by the AGPD.
2. Operators and owners who do not meet the three (3)
verifiable years of for-hire towing experience may be
considered for the towing list if a full-time manager is
employed who possesses three (3) verifiable years of for-
hire towing experience as an owner, principal or full-time
manager.
a. The three (3) verifiable years of for-hire towing
experience as an owner, principal or full-time
manager shall be decided by the AGPD.
b. Management experience shall be decided and
qualified by the AGPD as an individual with general
powers that reasonably infers that the individual so
designated is vested with the general conduct and
control of his/her employer's business or an individual
who has charge and control of a business and is
vested with a certain reasonable level of discretion
and independent judgment.
c. If a manager ceases to be employed by an Operator,
the Agreement shall be terminated until a new
manager is approved by the AGPD.
B. Operators and tow vehicle drivers will be properly licensed in
accordance with the requirements of the California Vehicle Code.
C. Tow vehicles will be maintained in compliance with the applicable
California Vehicle Code Sections and the California Revenue and
Taxation Code.
1. The Operator shall arrange with the AGPD or the CHP for
inspection of new and/or replacement tow vehicles prior to
placing them in service.
Item 8.i. - Page 50
Exhibit A
2. The Operator must equip each tow vehicle in compliance
with Section 27700(a) of the California Vehicle Code. This
Section of the California Vehicle Code requires the driver of
the tow vehicle to remove all glass and debris deposited
upon the roadway by the disabled vehicle.
3. The Operator must comply with Section 27907 of the
California Vehicle Code regarding signs on tow vehicles.
D. An Operator on the AGPD towing list is required to have an ample
supply of highway flares in each tow vehicle. Flares used by a tow
vehicle prior to the arrival of the AGPD will be replaced by the
AGPD.
E. All tow vehicles must be equipped with two-way radios between the
tow vehicle and the Operator's dispatch personnel.
F. A request from the AGPD for any type of towing services shall not
be accepted unless:
1. A tow vehicle and competent driver are immediately
available.
2. The specific rig and/or equipment requested is/are
immediately available.
G. In the event there is to be a delay in responding to the call, such
fact shall be made known to the AGPD so that a determination may
be made if the call should be directed to another towing company.
Deliberately providing misleading information shall result in
disciplinary action. If the Operator will be unavailable for any
extended period of time, the AGPD must be notified.
H. AGPD calls shall not be referred to nor accepted from another
towing agency unless requested to do so by the AGPD. If the
Operator cannot respond, the AGPD must be advised. The AGPD
will then decide what alternative tow service will be called.
1. If the Operator assigned to an initial call requires assistance
from an additional towing company, the Operator may, with
the concurrence of the AGPD personnel at the scene of the
incident, request a specific towing company for additional
assistance. Such request shall be routed through the
AGPD.
I. When tow service is requested by the AGPD, then cancelled prior
to the vehicle actually being towed, the Operator shall not charge
the AGPD. The Operator may collect fees for services from the
vehicle owner, if appropriate. (This paragraph does not apply to
"owner's request" for services).
Item 8.i. - Page 51
Exhibit A
J. Unreasonable excessive failures to comply with the response
provisions above without reasonable explanation(s) shall
result in removal from the towing list, subject to the
termination provisions in the Tow Service Agreement.
K. If it is determined that the Operator is not needed and is canceled
by the AGPD, up to and including arrival at the scene, there shall
be no monetary charges. There shall be no monetary charges for
standby time that does not result in a tow.
1 . If the tow service is canceled by the vehicle's owner or agent
prior to the Operator taking possession of the vehicle, there
shall be no charges for towing. The Operator shall
immediately contact the AGPD and advise of the
cancellation.
L. If an Operator who is not called to a collision comes upon a
collision scene where a vehicle or vehicles is/are blocking a
roadway or where immediate tow assistance is needed for
lifesaving operations, the AGPD officer on scene may direct that
Operator to move vehicle(s). The Operator shall provide the
assistance as directed. There shall be no charge for this
assistance.
M. The Operator receiving a call shall be certain that it is understood
exactly where the accident or incident is located and the type of
equipment required before leaving to the call. If there is a question
as to this information, the AGPD Dispatch should be contacted at
473-5100. If the tow driver is unable to find the vehicle or accident
scene, the driver should use the nearest telephone and request
further instruction.
N. Speed and driving procedure enroute to a tow request must be
within lawful limits. Unless an emergency is encountered, no stops
should be made enroute to the accident or incident scene. If a
delay in response is unavoidable, a reasonable effort should be
made to advise the AGPD Dispatch.
1. No flashing or rotating warning lights are to be used enroute
to any calls.
0. All tow drivers should receive and sign a copy of the AGPD storage
report from the officer requesting his/her services, as well as to
indicate agreement with the inventory in and on the vehicle being
towed. The tow driver, upon signing for the inventory of the
contents of the vehicle stored by the AGPD, is responsible for this
property.
Item 8.i. - Page 52
Exhibit A
P. The AGPD officer at the scene investigating an accident or incident
is in charge. Anyone called to the scene will act under his/her
direction. Any problems that may arise at the scene may be
addressed to the Chief of Police or his/her designee by telephone,
in writing, or by appointment in person. An officer at the scene will
normally not involve himself /herself in towing techniques, but only
in maintaining the security of the incident scene.
1. If two or more towing companies are called to the same
incident, distribution of the vehicles shall be at the discretion
of the AGPD.
Q. The Operator is required to have in its possession Transportation
Permits that are issued by the Department of Transportation
authorizing the movement of extra-legal size loads and/or
equipment. Operators of heavy-duty tow vehicles shall obtain
permits for movements involving extra-legal size and/or weight. An
Operator desiring such a permit should contact the California
Department of Transportation Permit Department in San Luis
Obispo.
R. All towing services that will result in road blockage in excess of 30
minutes during a salvage operation and where there will be no
AGPD officer in attendance shall have an appropriate
encroachment permit obtained at first opportunity. These permits
can be secured from the California Department of Transportation or
the San Luis Obispo County Road Department, whichever is
appropriate.
S. ALL VEHICLES TOWED AT THE REQUEST OF THE AGPD
FOR WHICH A CHP FORM 180 HAS BEEN COMPLETED MUST
BE RELEASED ONLY WITH AUTHORIZATION FROM THE
AGPD. All vehicle owners requesting the release of their
vehicles shall be directed to the AGPD to obtain the necessary
documentation to authorize the release.
VIII. STANDARD OF CARE
A. Operators shall warrant and guarantee that all services performed
pursuant to an Agreement with the City shall be provided in a
manner reasonably consistent with the highest professional
standards and shall be performed by qualified, licensed, and
experienced personnel. The Operator shall be responsible for the
acts employees while on duty. The Operator shall not permit any of
the following conditions to occur:
1. Failure to comply with the requirements and provisions of the
signed AGPD Tow Service Agreement.
2. Repeated and/or flagrant violations of the provisions of the
California Vehicle Code by the driver(s) or Operator(s).
Item 8.i. - Page 53
Exhibit A
3. A pattern of not being available, failure to answer calls, or
failure to respond to calls within the required 20-minute time
frame.
4. Failure to reimburse the owner for property stolen or lost
while under control of the Operator.
5. Failure to maintain reasonably clean and orderly storage
facilities.
6. Failure to perform all towing operations in the safest and
most expeditious manner reasonably possible.
7. Failure to ensure that all tow drivers who respond to AGPD
tows are at least 18 years of age and in possession of
current and proper class of license and endorsements for the
towed and towing vehicle.
8. Failure to ensure that all tow drivers who respond to AGPD
tows are wearing an identifiable uniform, e.g. shirts and
pants or coveralls, displaying the company and driver name
while engaged in AGPD tows.
9. Failure to ensure that all tow drivers who respond to AGPD
tows present a professional personal appearance. An
unacceptable personal appearance would include, but is not
limited to, unbathed or excessively dirty/tom uniform.
10. Failure to ensure that all tow drivers who respond to AGPD
tows are wearing appropriate warning garments, e.g. vests,
jackets, shirts or retro-reflective clothing, for daylight and
hours of darkness in accordance with California Code of
Regulations, Title 8, Section 1598.
a. If the tow driver is working on a Federal-aid highway,
the driver shall comply with the guidelines contained
in the Federal Code. of Regulations, Title 23,
Highways, Chapter 1, Federal Highway
Administration, Department of Transportation, Part
634, Worker Visibility that requires high-visibility
personal protective safety clothing to be worn that
meets the Performance Class 2 or 3 requirements of
the ANSl/ISEA 107-2004 (compliance date of
November 24, 2008).
11. Failure to comply with the secure storage requirements for
vehicles impounded as evidence by the AGPD.
12. Failure to maintain reasonable business records related to
AGPDtows.
13. Engaging in unethical business practices.
Item 8.i. - Page 54
Exhibit A
14. Failure to maintain a current City of Arroyo Grande business
license.
15. Failure to participate in and/or comply with the AGPD 72-
hour vehicle abatement program.
16. For any reasonably justifiable cause as determined by the
Chief of Police or his/her designee.
IX. INSPECTION OF TOW SERVICES
A. The AGPD shall provide or arrange for not less than one annual
inspection of all tow vehicles at no charge to the Operator. The
AGPD may conduct additional inspections without notice during
normal business hours. The Operator shall not dispatch a tow
vehicle to an AGPD initiated call that has not been inspected and
approved.
1. Inspection of tow vehicles by the AGPD may be waived
when there is documentation of current CHP inspection of
the vehicle provided to the AGPD.
B. Storage facilities for the Operator will be inspected at random to
ensure compliance with the applicable provisions of the California
Vehicle Code and this Agreement.
X. DEMEANOR AND CONDUCT
A. While involved in AGPD towing operations or related business, the
Operator and/or employees shall refrain from any acts of
misconduct including, but not limited to, any of the following:
1. Rude or discourteous behavior.
2. Lack of service, selective service, or refusal to provide
service that 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 alcoholic beverage
and/or illegal narcotic use.
6. Appearing at the scene of an AGPD towing call with the odor
of an alcoholic beverage emanating from the driver's or
employee's breath.
a. The tow driver shall submit to a preliminary alcohol
screening (PAS) examination upon demand of the
AGPD.
Item 8.i. - Page 55
Exhibit A
XI. TOW COMPLAINTS
A. All AGPD related tow service complaints received by the AGPD
against an Operator or the Operator's employees will be accepted
and investigated in a fair and impartial manner.
1 . The Operator and his/her employees shall cooperate with
the AGPD and/or its designated representative during the
course of an investigation.
2. As a result of the investigation, the AGPD may remove the
Operator from the towing list.
3. The Operator will be notified of the results of all
investigations if legally permitted and/or if notification will not
jeopardize a criminal investigation in writing within 30
calendar days of the conclusion of the investigation.
B. Should the filing of criminal charges be a possibility, the AGPD will
conduct the investigation to conclusion or assist the lead
investigating agency and, if warranted, request criminal
prosecution.
XII. COMPLIANCE WITH LAW
A. The Operator and his/her employees shall at all times comply with
federal, state and local laws and ordinances.
B Any conviction of the Operator or an employee involving a stolen or
embezzled vehicle, fraud related to the towing business, stolen or
embezzled property, a crime of violence, an illegal drug-related
offense, felony driving under the influence of an alcoholic beverage
or drugs, misdemeanor driving under the influence of an alcoholic
beverage or drugs or moral turpitude should be cause for
suspension or removal of an Operator or employee, denial of an
Operator's application or termination of the Agreement.
C. Operators and their employees shall not accept gratuities pursuant
to Section 1211 O(a) of the California Vehicle Code.
D. Operators and their employees shall not accept a gratuity from a
repair shop for the delivery of a vehicle not owned by the repair
shop or tow company, for the purpose of storage or repair pursuant
to Section 12110(c) of the California Vehicle Code.
E. Operators shall satisfy a court order mandating reimbursement to
the vehicle or property owner for damage or loss that occurred
while the vehicle or property was in the Operator's custody.
F. Any Operator or employee arrested/charged with any of the above
issues should be suspended until the case is adjudicated.
Item 8.i. - Page 56
Exhibit A
XIII. COMPLIANCE WITH THE AGREEMENT
A. The Operator agrees, as a condition of inclusion in the Towing
Program, to comply with the terms and conditions of the
Agreement. Failure to comply with the requirements of the
Program will result in removal as the designated Operator for police
tows, subject to the termination provisions in the Tow Service
Agreement.
B. A violation of the equipment requirement related to safety shall be
cause for immediate suspension that shall remain in effect until the
suspension period is completed and the AGPD has inspected the
equipment and determined that the Operator is in compliance.
C. A violation of intentionally overcharging or a pattern of overcharging
shall be cause for immediate suspension that shall remain in effect
until the suspension period is completed and proof of
reimbursement to the aggrieved customer( s) has been provided to
the AGPD.
D. Operators and/or their employees shall not record, e.g. videotape
or photograph, a scene unless it is for official use by the tow
company for business-related reasons.
1. The AGPD personnel on scene shall determine when an
Operator or his/her employee may record a scene for tow-
related business reasons.
2. If an Operator or his/her employee is determined to be in
violation of this condition, the recording shall be immediately
surrendered to the AGPD.
XIV. MID-TERM REVIEW
A. A mid-term review of the terms and conditions of the existing
Agreement may be provided by the AGPD if there is a legitimate
and substantial change in conditions or laws impacting the majority
of tow service companies in the Arroyo Grande area or the AGPD.
B. A mid-term review, if granted, will not automatically authorize a
change in the terms or conditions of an existing Agreement.
1. It is the responsibility of the AGPD to review the conditions
that initially caused the mid-term review and determine if any
change in the terms or conditions of the existing Agreement
is justified. If the mid-term review is requested by the
Operator, it is the responsibility of the Operator to provide
the relevant information necessary for the AGPD to review
the request.
Item 8.i. - Page 57
Exhibit A
XV. ADVERTISING
A. An Operator shall not display any sign or engage in any
advertisement indicating an official or unofficial connection with the
AGPD.
XVI. 72-HOUR/ABATEMENT TOWS
A. The Operator agrees to participate in the AGPD established vehicle
abatement program. When a vehicle is found to be in violation of
an applicable section of the California Vehicle Code or the Arroyo
Grande Municipal Code regarding abandoned vehicles, call out
procedures for abatement towing are the same as regular towing
with some defined exceptions:
1. Dispatch or any member of the AGPD authorized by the
Traffic Unit commander will contact the Operator.
2. A CHP 180 form will be completed by AGPD personnel and
delivered to Dispatch after the vehicle has been removed by
the Operator.
3. Abatement towing should only be completed during normal
business hours.
B. Failure to comply with the requirements of the Towing
Program regarding vehicle abatement towing may be
considered adequate grounds for removal from the towing list,
subject to the termination provisions in the Tow Service
Agreement.
D. The Operator must respond to an abatement tow request within 24
hours. Under special limited circumstances, e.g. an abandoned
vehicle causing a public safety hazard, the Operator must respond
as soon as reasonably possible. Failure to comply with this
requirement of the Towing Program may be considered
adequate grounds for removal from the towing list, subject to
the termination provisions in the Tow Service Agreement.
XVII. ENROLLMENT PERIOD
A. The request for proposal (RFP) bid period must be held every two
(2) years to coincide with the two-year term of the tow agreement.
The RFP period will be open for at least 30 days and the date is
determined by the Chief of Police or his/her designee.
B. Applicants shall be given a 30-day written notice of the annual RFP
period.
Item 8.i. - Page 58