HomeMy WebLinkAboutTow Operator Agmts exp Dec 2017CITY OF FRESNO
NON-EXCLUSIVE FRANCHISE TOW AGREEMENT
FOR FRESNO POLICE DEPARTMENT
This Non-exclusive Franchise Tow Agreement (TSA) is entered into effect on the 28th day of December 20i4 setforth below, at Fresno, California, between the City of Fresno, a municipal corporation (City¡ anO 76 Towing, a
sole proprietorship (the Tow Operator).
This Agreement, including all attachments, contains rules and regulations that a tow company agrees to comply
with in order to participate in the tow operations of the City of Fresno Police Department (FPb). participation in
the FPD Rotation Tow Program (Tow Program) is voluntary. Compliance with all of the terms and conditions of
the Agreement is mandatory for tow companies participating in the Tow Program. A Tow Operator, by agreeing
to participate in the Tow Program, is not acting as an agent for FPD or City when performing services unðer this
Agreement.
1. Governinq Law and Venue
This Agreement shall be governed by, and construed enforced in accordance with, the laws of the State of
California excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venuefor purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any
rights and duties hereunder shall be the County of Fresno, California.
2. Entire Aqreement
This Agreement, its attachments and exhibits, when accepted by the Tow Operator either in writing or
commencement of performance hereunder, contains the entire Agreement between the parties with respeót to
the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forthherein. No exceptions, alternatives, substitutes or revisions are valid or binding oñ City unless authorized by
City in writing
3. Amendments
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by theparties; no oral understanding or agreement not incorporated herein shall be binding on either of tne p"rtius;
and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in
writing.
4. Assiqnment or Sub Contractinq
The terms, covenants, and conditions contained herein shall apply to the parties. Furthermore, neither theperformance of this Agreement nor any portion thereof may be assigned or subcontracted by Tow Operator
without the express written consent of City. Any attempt by Tow Operator to assign or subcontract theperformance or any portion of this Agreement without the express written consent of City shall be invalid and
shall constitute a breach of this Agreement
5. PatenUCopvriqht Materials/Proprietarv lnfrinqement
Unless othenvise expressly provided in this Agreement, Tow Operator shall be solely responsible for obtaining alicense or other authorization to use any patented or copyrighted materials in the performance of thisAgreement. Tow Operator warrants that any Software as modified through services provided hereunder will notinfringe upon or violate any patent, proprietary right, or trade secret right of any third party. Tow Operator
agrees that, in accordance with the more specific requirement below, it shall indemnify, defénd anO nótO City
and City lndemnitees harmless from any and all such claims and be responsible for payment of all costs,damages, penalties and expenses related to or arising from such claim(s), including,
-but
not limited to,
attorney's fees, costs and expenses.
6. Non-Discrimination
ln the performance of this Agreement, Tow Operator agrees that it will comply with the requirements of section
1735 of the California Labor Code and not engage nor permit any Tow Operators to engage in discrimination in
employment of persons because of the race, religious creed, color, national origin, ancéstry, physical disability,
mental disability, medical condition, marital status, or sex of such persons. Tow Operator ãcknowledges that aviolation of this provision shall subject Tow Operator to all the penalties imposed for a violatioñ of anti-
discrimination law or regulation, including but not limited to, section 1720 et seq. of the California Labor Code.
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7. Termination
ln addition to any other remedies or rights it may have by law, City has the right to terminate this Agreement
without penalty immediately with cause and either party may terminate after thirty (30) days written notice
without cause, unless otherwise specified Cause shall be defined as any breach of this Agreement or any
misrepresentation or fraud on the part of the Tow Operator. Exercise by City of its right to terminate the
Agreement shall relieve City of all further obligation.
8. Consent to Breach Not Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or
consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by anyparty to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver
of, or excuse for any other different or subsequent breach.
9. Remedies Not Exclusive
The remedies for breach set forth in this Agreement are cumulative as to one another and as to any otherprovided by law, rather than exclusive; and the expression of certain remedies in this Agreement dóes notpreclude resort by either party to any other remedies provided by law.
10. lndependent Tow Operator
Tow Operator shall be considered an independent Tow Operator and neither Tow Operator, its employees noranyone working under Tow Operator shall be considered an agent or an employee of City. Ñeit-her Tow
Operator, its employees nor anyone working under Tow Operator, shall qualify for workers' óompensation or
other fringe benefits of any kind through City.
11. Performance
Tow Operator shall perform all work under this Agreement, taking necessary steps and precautions to performthe work to City's satisfaction. Tow Operator shall be responsible for the professional quality, technical
assurance, timely completion, and coordination of all documentation and other goods/services furnis-hed by Tow
Operator under this Agreement. Tow Operator shall: perform all work diligently, carefully, and in a gooã and
workman-like manner; furnish all labor, supervision, machinery, equipment, materials, and supplies riecessary
therefore; at its sole expense obtain and maintain all permits and licenses required by public authorities,
including those of City required in its governmental capacity, in connection with performance of the work; and, ifpermitted to subcontract, be fully responsible for allwork performed by sub-Tow Operators.
12. Indemnification
A) Tow Operator shall indemnify, hold harmless and defend City and each of its officers, officials,
employees, agents and authorized volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited top any time and property damage) incurred by City, Tow Operator, or anyo any and all claims, demands and actions in law or equity (includinga on expenses), arising or alleged to have arisen directly or indirectly out ofp ement. Tow Operator's obligations under the preceding sentence shall
apply regardless of whether City or any of its officers, officials, employees, agents or authorized
volunteers are negligent, but shall not apply to any loss, liability, fines, penalties,-forfeitures, costs or
damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any
of its officers, officials, employees, agents or authorized volunteers.
B) lf Tow Operator should subcontract all or any portion of the work to be performed under this
Agreement, Tow Operator shall require each subcontractor to indemnify, hold harmless and defend
City and each of its officers, officials, employees, agents and authorized volunteers in accordance
with the terms of the preceding paragraph.
C) This section shall survive termination or expiration of this Agreement.
13. lnsurance
A) Throughout the life of this Agreement, Tow Operator shall pay for and maintain in full force and
effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted
by the California lnsurance Commissioner to do business in the State of California and rated not
less than "A-Vll" in Best's lnsurance Rating Guide, or (ii) authorized by Clty's Risk Manager. The
following policies of insurance are required.
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5)
B)
1) COMMERCIAL GENERAL LIABILITY insurance which shall be on the most current version of
lnsurance Services Office (lSO) Commercial General Liability Coverage Form CG 00 01 and
include insurance for "bodily injury " "property damage" and "personaiand advertising injury"with coverage for premises and operations, products and completed operatioñs, 'anC
contractual liability (including, without limit¿tion, indemnity obligations under the Agreement)
with limits of liability of not less than $1,000,000 per occurrence for bodily injury anð property
damage, $1,000,000 per occurrence for personal and advertising injury-anO SZ,OOO,OOó
aggregate for products and completed operations and $2,000,000 general aggregate
2) GARAGEKEEPERS LEGAL LIABILITY insurance which shall include coverage for vehicles in
the care, custody, and control of the Tow Operator with limits of liability of noiless than
$120,000 per occurrence for property damage.
3) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be on the most current
version of lnsurance Service Office (lSO) Business Auto Coverage Form CA 00 01, and
include coverage for all owned, hired, and non-owned automobiles ór other licensed vehicles
(Code 1- Any Auto) with limits of not less than $1,000,000 per accident for bodily injury andproperty damage.
4) ON-HOOIICARGO insurance which shall include coverage for vehicles in tow with limits of
liability based on the size of the tow truck, which are as follows:
a) Class A/B tow truck.. ..... ..$i20,000b) Class C tow truck... ...$200,000c) Class D tow truck... ... .. .. $300,000
WORKERS' COMPENSATION insurance as required under the California Labor Code andEMPLOYERS' LIABILITY insurance with minimum limits of $1,000,000 each accident, $1,000,000disease policy limit and $1,000,000 disease each employee.
Tow Operator shall be responsible for payment of any deductibles contained in any insurancepolicies required hereunder and Tow Operator shall also be responsible for payment of any self-
insured retentions. Any deductibles or self-insured retentions must be declareà tó on the Certificateof lnsurance and approved by the City's Risk Manager or his/her designee. At the option of the
City's Risk Manager, or his/her designee, either:
f ) The insurer shall reduce or eliminate such deductibles or self-insured retention as
respects city, its officers, officials, employees, agents and volunteers; or
2) Tow Operation shall provide a financial guarantee, satisfactory to City's Risk Manager, orhis/her designee, guaranteeing payment of losses and related investigations, - claim
administration and defense expenses. At no time shall City be responsible for Ine payment of
any deductibles or self-insured retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30)
calendar days written notic of policy cancellation, change or reduction of covérâge,
except for the Workers'C icy which shall provide ten (10) calendar days writiên
notice of such cancellation ction of coverage. ln the event any policies are due toexpire during the term of Tow Operator shall provide a new certificate and allapplicable endorsements evidencing renewal of such policy prior to the expiration date of theexpiring policy(ies) to the Chief of Police, or his/her designee, and the City's Risf Division. Uponissuance by the insurer, broker, or agent of a notice of cancellation, ðhange or reduction in
coverage, Tow Operator shall file with the Chief of Police, or his/her designee, ánd the City's RiskDivision, a new certificate and all applicable endorsements for such policy(ies).
The General Liability, Automobile Liability and Garagekeepers Legal Liability insurance policies
shall be written on an occurrence form and shall name City, its officeis, officials, agents, employeesand volunteers as an additional insured. Such policy(ies) of insurance shall be éndorsed so TowOperator's insurance shall be primary with respect to the City, its officers, officials, employees,
agents and authorized volunteers with no contribution required of City. Any Workers' Compensation
insurance policy shall contain a waiver of subrogation as to City, its bfficers, officials, agents,
c)
D)
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employees and authorized volunteers. Tow Operator shall have furnished City with the certificate(s)
and applicable endorsements for ALL required insurance prior to City's execution of the Agreement
E) The fact that insurance is obtained by Tow Operator shall not be deemed to release or diminish the
liability of Tow Operator, including, without limitation, liability under the indemnity provisions of this
Agreement. City shall apply to all claims and liability regardless of whether any insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by Tow Operator. Approval or purchase of any insurance contracts or policies shall in no
way relieve from liability nor limit the liability of Tow Operator, its principals, officers, agents,
employees, persons under the supervision of Tow Operator, vendors, suppliers, inv-itees,
consultants, sub-consultants, subcontractors, or anyone employed direcfly or indirecfly by any of
them.
F) Upon request of City, Tow Operator shall immediately furnish City with a complete copy of any
insurance policy required under this Agreement, including all endorsements, with said copy-certifieð
by the unden¡vriter to be a true and correct copy of the original policy. This requirement sháll survive
expiration or termination of this Agreement.
G) lf at any time during the life of the Agreement or any extension, Tow Operator fails to maintain the
required insurance in full force and effect, all work under this Agreement shall be discontinued
immediately until notice is received by City that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory to City.Any failure to maintain the required insurance shall be sufficient cause for City to terminate this
Agreement.
H) lf Tow Operator should subcontract all or any portion of the work to be performed, Tow Operatorshall require each subcontractor to provide insurance protection in favor of the City, its officer,
officials, employees, agents and authorized volunteers in accordance with the terms o-f each of thepreceding paragraphs, except that the subcontractors certificates and endorsements shall be on file
with the Tow Operator and City prior to the commencement of any work by the subcontractor
14. Bills and Liens
Tow Operator shall pay promptly all indebtedness for labor, materials, and equipment used in performance of
the work. Tow Operator shall not permit any lien or charge to attach to the work or the premises, but if any does
so attach, Tow Operator shall promptly procure its release and indemnify, defend, and hold City harmleés andbe responsible for payment of all costs, damages, penalties and expenses related to or arising from or related
thereto.
'|-5. Ghanqe of Control
Tow Operator agrees that if there is a change or transfer in ownership or control of the Tow Operator's businessprior to completion of this Agreement, unless such change or transfer is to "immediate family" as defined inFresno Municipal Code (FMC) section 3-101(e) and approved in writing by the Chief of pôl¡ce, or his/herdesignee, this Agreement. This includes but is not limited to changes in:Corporate Treasurer, Trustees, or ownership interests. All chanles ortransfers t d by the Chief of Police, or his/her designee, prior tı such
change or to remain on the tow services list. Final written approval ordisapproval for the change or transfer in ownership or control will be given by the Chief of police or his/herdesignee All "immediate family" members involved in the potential transfer and operation of the Tow Operator
shall be required to undergo a background check, review, and "Livescan" fingerprint screening The "immediate
family" members involved in the change or transfer of ownership or control must also possesð and keep current
all licensing certificates and insurance as required in this Agreement. The "immediate family" members who willoperate or otherwise be legally responsible for the Tow Operator will be required to execute a new TSA.
A) Tow Operator owners shall be directly involved in the day{o-day operations of their
business and shall not be directly involved in the towing-related business of any other tow
company on, or applicant for, the Tow Rotation List. Co-mingling of operations, business,
offices, board members, and finances is stricfly prohibited.
B) lf terminated or suspended, Tow Operator and/or its owner at the time of the suspension ortermination, shall not be eligible for a rotation listing for the duration of the susþension ortermination. This section applies to the Tow Operator working in any capacity withìn any tow
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business or operating any tow business and to the tow business even if operated under new
ownership
C) Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow
Rotation List, excluding equipment which may be unavailable due to repairs or when there is a need
for equipment replacement and written approval is obtained from the Chief of police or his/her
designee.
16. Force Maieure
Tow Operator shall not be in breach of this Agreement caused by any act of God, war, civil disorder,
employment strike or other cause beyond its reasonable control, provided Tow Operator gives written notice of
the cause of the delay to City within thirty-six (36) hours of the start of the delay and Tow Operator avails itself of
any available remedies.
17. Confidentialitv
Tow Operator agrees to maintain the confidentiality of all City and City-related records and information pursuant
to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the termof this Agreement. All such records and information shall be considered confidential anà kept confidential by
Tow Operator and Tow Operator's staff, agents and employees.
18. Compliance with Laws
Tow Operator represents and warrants that services to be provided under this Agreement shall fully comply, atTow Operator's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and
regulations, including, but not limited to those issued by City in its governmental capacity and all other laws
applicable to the services at the time services are provided to and accepted by City. Tow Operator
acknowledges that City is relying on Tow Operator to ensure such compliance (collectiveiy Laws). Tow Oþerator
agrees that it shall defend, indemnify and hold City and City lndemnitees harmless from all liability, damages,
costs, and expenses arising from or related to a violation of Laws.
19. Pricinq
The Agreement price shall include full compensation for providing all required services in accordance with the
Scope of Work attached to this Agreement, and no additional compensation will be allowed therefore, unlessothenvise provided for in this Agreement. Tow Operator shall pay the City Franchise Fees as listed in
Attachment "8", or "City Administrative / Franchise Fees", in accordance with parag raph 25 of Attachment ,,A"
20. Terms and Conditions
Tow Operator acknowledges that the undersigned has read and agrees to all terms and conditions included in
this Agreement.
21. Severabilitv
lf any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to beinvalid void or unenforceable, the remainder of the provisions hereof shall remain in full forcé and effect and
shall in no way be affected, impaired or invalidated thereby.
22. Calendar Davs
Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless
otherwise expressly provided.
23. Attornev Fees
lf either party is required to commence any proceeding or legal action to enforce any term, covenant or condition
of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other
party its reasonable Attorney's fees and legal expenses.
24. lnterpretation
This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in
the matters dealt with in this Agreement. ln addition, each party has been represented by experienled and
knowledgeable independent legalcounsel of their own choosing or has knowingfy declined to seek such counsel
despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have
not been influenced to any extent whatsoever in executing this Agreement by any other party hereto or by any
person representing them, or both. Accordingly, any rule or law (including California Civil Code section tO5+) or
legal decision that would require interpretation of any ar biguities in this Agreement against the party that ñas
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drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable
manner to affect the purpose of the parties and this Agreement
25. Authoritv
The parties to this Agreement represent and warrant that this Agreement has been duly authorized and
executed and constitute the legally binding obligation of their respective organization or entity, enforceable in
accordance with its terms.
26. Emplovee Eliqibilitv Verification
Tow Operator warrants that it fully complies with all Federal and State statutes and regulations regarding the
employment of aliens and others and that all its employees performing work under this Agreement meet the
citizenship or alien status requirement set forth in Federal statutes and regulations. Tow Operator shall obtain,
from all employees performing work hereunder, all verification and other documentation of employment eligibility
status required by Federal or State statutes and regulations including, but not limited to, the lmmigration Rèform
and ControlAct of 1986, 8 U.S.C. 51324 et seq., as they currently exist and as they may be hereafter amended.
Tow Operator shall retain all such documentation for all covered employees for the period prescribed by the law
Tow Operator shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its
agents, officers, and employees from employer sanctions and any other liability which may be assessed against
Tow Operator or City or both in connection with any alleged violation of any Federal or State statutes or
regulations pertaining to the eligibility for employment of any persons performing work under this Agreement.
27. AdditionalTerms and Conditions
A) Term of Agreement: This Agreement shall commence on December 28, 2014, and shall be
effective for three (3) years from that date, unless othen¡,¡ise terminated by City.
B) Fiscal Appropriations: This Agreement is subject to and contingent upon applicable budgetary
appropriations being made by the City for each year during the term of this Agreement. lf such
appropriations are not forthcoming, the Agreement will be terminated without penalty. Tow
Operator acknowledges that funding or portions of funding for this Agreement may also be
contingent upon the receipt of funds from, and/or appropriation of funds by City. lf such funding
andlor appropriations are not forthcoming, or are othenvise limited, City may immediately terminate
or modify this Agreement without penalty.
C) Gonflict of lnterest (Tow Operator): Tow Operator shall exercise reasonable care and diligence to
prevent any actions or conditions that result in a conflict with the best interest of City. This
obligation shall apply to Tow Operator, Tow Operator's employees, agents, relatives, and third
parties associated with accomplishing the work hereunder. Tow Operator's efforts shall include, but
not be limited to, establishing precautions to prevent its employees or agents from making,
receiving, providing, or offering gifts, entertainment, payments, loans, or other considerations which
could be deemed to appear to influence individuals to act contrary to the best interest of City.
D) Tow Operator Work Hours and Safety Standards: Tow Operator shall ensure compliance with all
safety and hourly requirements for employees, in accordance with federal, state, and City safety
and health regulations and laws.
E) Orderly Termination. Upon termination or other expiration of this Agreement, each party shall
promptly return to the other party all papers, materials, and other properties of the other held by
each for purposes of execution of the Agreement. ln addition, each party will assist the other Party
in orderly termination of this Agreement and the transfer of all aspects, tangible and intangible, as
may be necessary for the orderly, non-disruptive business continuation of each party.
F) Reprocurement Costs: ln the case of default by Tow Operator, City may procure the service from
other sources and, if the cost is higher, Tow Operator will be held responsible to pay City the
difference between the Agreement cost and the price paid. City may make reasonable efforts to
obtain the prevailing market price at the time such services are rendered. This is in addition to any
other remedies available under law.
G) Authorization Warranty: Tow Operator represents and warrants that the person executing this
Agreement on behalf of and for Tow Operator is an authorized agent who has actual authority to
bind Tow Operator to each and every term, condition, and obligation of this Agreement and that all
requirements of Tow Operator have been fulfilled to provide such actual authority.
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28.
H) Notices: Any and all notices permitted or required to be given hereunder shall be deemed duly
given (1) upon actual delivery if delivery is by hand; or (2) upon delivery by the United States mail if
delivery is by postage paid registered or certified return receipt requested mail; or (3) through
electronic means such as, email or the Dispatch & Tracking Solutions Software System (DTS).
l) Data - Title to: All materials, documents, data or information obtained from City data files or any
City medium furnished to Tow Operator in the performance of this Agreement will at all times remain
the property of City. Such data or information may not be used or copied for direct or indirect use
by Tow Operator after completion or termination of this Agreement without the express written
consent of City. All materials, documents, data or information, including copies, must be returned to
City at the end of this Agreement.
J) Usage: No guarantee is given by City to Tow Operator regarding usage of this Agreement. Usage
figures, if provided, are approximate, based upon the last usage. Tow Operator agrees to supply
services and/or commodities requested, as needed by City, at prices listed in the Agreement,
regardless of quantity requested.
K) Tow Operator's Records: Tow Operator shall keep true and accurate accounts, records, books
and data which shall correctly reflect the business transacted by Tow Operator in accordance with
generally accepted accounting principles. These records shall be stored at the Tow Operators
principal place of business for a period of three (3) years after final payment is received by City
L) Audits/lnspections: Tow Operator agrees to permit City's authorized representative (including
auditors from a private auditing firm hired by City) access during normal working hours to all books,
accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose
of auditing or inspecting any aspect of performance under this Agreement. The inspection and/or
audit will be confined to those matters connected with the performance of the Agreement including,
but not limited to, the costs of administering the Agreement. City reserves the right to audit and
verify Tow Operator's records before or after final payment is made.
Tow Operator agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of records retention is stipulated under this Agreement or
by law. Tow Operator agrees to allow interviews of any employees or others who might reasonably
have information related to such records. Further, Tow Operator agrees to include a similar right to
City to audit records and interview staff of any sub-Tow Operator related to performance of this
Agreement.
M) Should Tow Operator cease to exist as a legal entity, Tow Operator's records pertaining to this
Agreement shall be forwarded to the Chief of Police or his/her designee
Disputes-Aqreement
A) The Parties shalldeal in good faith and attempt to resolve potential disputes informally.
1) Tow Operator shall submit to the Chief of Police, or his/her designee, a written demand for a
final decision regarding the disposition of any dispute between the parties arising under,
related to, or involving this Agreement, unless City, on its own initiative, has already rendered
such a final decision.
2) Tow Operator's wrítten demand shall be fully supported by factual information, and, if such
demand involves a cost adjustment to the Agreement, Tow Operator shall include with the
demand a written statement signed by a senior official indicating that the demand is made in
good faith, that the supporting data are accurate and complete, and that the amount
requested accurately reflects the Agreement adjustment for which Tow Operator believes City
is liable.
B) Pending the final resolution of any dispute arising under, related to, or involving this Agreement,
Tow Operator agrees to diligently proceed with the performance of this Agreement. Tow Operator's
failure to diligently proceed shall be considered a material breach of this Agreement.
C) Any final decision of City shall be expressly identified as such, shall be in writing, and shall be
signed by the City Hearing Administrative Officer, or Chief of Police, or his/her designee, as
applicable. lf City fails to render a decision within ninety (90) days after receipt of Tow Operator's
-7 -
: : ffi :i JHll i : ii ff : ffi å l''ñi : :,'i' ff : Lîï J", I;i,""ffi"i:' i"i Ë;:T:å? . f,, [: Jåxactíon in a court of competent jurisdiction.
29. Breach of Aqreement
The failure of the T h any of the provisions, covenants or conditions of this Agreementshall be a material ln such event the City may, and in addition to any other remediesavailable at law, in ified in this Agreement, undertake any of the individual actions orany combination of
1) Afford the Tow Operator written notice of the breach and ten calendar days or such
shorter time that may be specified in this Agreement within which to cure the
breach;
2) Suspend andior remove Tow Operator from the rotation;
3) Terminate the Agreement immediately, without any penalty
The Parties hereto have executed this Agreement.
TOW OPERATOR:
TOW OPERATOR*:
Bv:
Print Name:Date:
*lf a corporation or limited liability company, the document must be signed by two corporate officers. The first signaturemust be either the Chairman of the Board, President, or any Vice President. The second signature must be thesecretary, an assistant secretary, the Chief Financial Officer, or any assistant treasurers. In the álternative, a singlesignature is acceptable when accompanied by a corporate document demonstrating the legal authority of i-hesignature to bind the company.
APPROVED AS TO FORM
DOUGLAS T. SLOAN
City
By
Y Brtrlo^ U'
Date:
ATTEST:
WONNE SPENCE, CMC
City Clerk
/77¿:a---
Print Name: l(t ¿ l, 0.4 f a ec re c(c*
CITY OF FRESNO.
B
ATTACHMENT A
SCOPE OF WORK
1. Scope of Work
Tow Operator shall perform the towing, and storage of vehicles as directed by the City, and in addition, such
other services as provided in this Scope of Work, and shall provide necessary storage facility, tow vehicles,
labor, materials, equipment, machinery, and tools. The Tow Operator shall comply with all State laws and
regulations, applicable to tow units and impound, towing, storage, selling or junking of vehicles. Tow operators
must follow all guidelines set forth by equipment manufactures recommendations as to their use and care of all
towing related equipment. All permits and licensing fees as specified under California Vehicle Code (CVC)
sections 34620 through 34624 shall be in fullforce and effect at alltimes during this Agreement. Any violation of
this section will be considered a material breach of the Agreement and may result in immediate termination of
this Agreement.
2. Towinq Services and Duties
It shall be the duty of the Tow Operator, when so directed by the City, to provide prompt tow service for vehicles
which are taken into custody by the City. This includes vehicles involved in collisions or disabled by any other
cause, abandoned in public places or on private property Vehicles impounded for evidence, impeding tñe flowof traffic, or which for any other reason, are within the jurisdiction of the FPD. As required by ìaw, Tow
Operators are to remove from the street all debris resulting from said collisions and to clean the immediate area
of such street (CVC section 27700(a)(1)). lt shall also be the duty to provide for the safety and security of those
vehicles and the contents thereof. These duties are inherent to the job and are to be included in the piice of the
basic tow bill.
The tow truck operator shall provide a business card to the regístered owner or driver for the vehicle being
towed. The business card shall contain the name, address and phone number of the tow company as well aé
the link to the vehicle search system in DTS as follows: www.findmytow.com
Tow truck operators and/or drivers will not be permitted to drive an impounded or recovered stolen vehicle or
vehicle intended for storage from a FPD rotation call or special operation. Any exceptions must be at the
direction of the FPD officer in charge of the scene and should be limited to repositioning the vehicle to allow for
towing.
The City has designated two (2) tow companies for evidence impound tows and no other rotation tow company
shall maintain custody over these vehicles at any time. lf an officer impounds a vehicle for evidence and a non-
preference rotational tow is dispatched, it is the responsibility of the tow driver to verify with the officer on scene
as to whether a vehicle is to be held for evidence lf it is determined that the vehicle is to be held for evidence,the tow driver must immediately notify the officer on scene that the company is not authorized to handle
evidence impounds and an evidence tow company shall be dispatched. Tow Operator shall then contact the
Tow Unit on the same business day, or within the next business day if such tow occurs after regular business
hours Acceptance of an evidence tow by a non-designated evidence tow company will result in disciplinary
action and full financial responsibility for all tow and storage fees for each violation.
lf terminated or suspended, Tow Operator and/or owner at the time of the suspension or termination, shall not
be eligible for a rotation listing for the duration of the suspension or termination. This provision applies to the
Tow Operator working in any capacity within any tow business or operating any tow business and to the tow
business even if operated under new ownership.
Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow Rotation List,
excluding equipment which may be unavailable due to repairs or when there is a need for equipment
replacement and written notice has been obtained from FPD.
3. Special Operations
FPD conducts special operations coordinated through the Traffic Bureau throughout the year that requires tow
companies at the location of the special operation. Tow companies on the Tow Rotation List that are in good
standing wíth FPD may be invited to participate in these operations, provided they are willing to remain w¡tñ the
special operation until its conclusion and forfeit any rotational tow calls (FPD, California Highway patrol, or
other) received during the duration of the operation "Good standing" shall mean that Tow Operator has not
violated, or is not in violation of the terms of this Agreement, the provisions of the FMC, State, or Federal law.
All speciat operations tows will be subject to the provisions of this Agreement. Tow Operator shall respond to a
o
special operation with a flatbed tow truck with the capability of towing (2) vehicles No ride alongs will be allowed
on any special operations unless the ride along is the Tow Owner or a Tow Driver who is in training and has
been approved by FPD.
4. Siqnage and hours of Operation
The storage yard or business office shall have a sign that clearly identifies it to the public as a towing service.
The sign shall have letters that are clearly visible to the public from the street and must be visible at night. All
storage facilities must be accessible to City personnel twenty-four (24) hours per day and seven (7) dãys per
week. The Tow Operator will provide customer service twenty-four (24) hours per day and seven (7) days per
week for the release of vehicles.
Tow Operator shall provide at least one person at a call station to respond and release vehicles within thirty (30)
minutes. Tow Operator shall maintain all signage required pursuant to CVC sections 22850.3 and 22651.07
and include an after-hours contact phone number for Tow Operator.
5. Response Time
Tow Operator shall respond to calls twenty-four (24) hours a day, seven (7) days a week, within the maximum
response time limits as established by the Chief of Police or his/her designee. A reasonable response time is
thirty (30) minutes or less, except during peak hours of 7:00 a.m. to g:00 a m and 4:00 p.m. to 6:00 p m.,
(Monday through Friday), when the required response time will be extended to fortyfive (45) minutes or less.
Tow Operator shall respond with a tow truck of the class required to tow the vehicle specified by the DTS
System
6. Non-Response
The Tow Operator shall update the DTS System at the time of dispatch to a tow rotation request lf the Tow
Operator is either unable to respond or unable to meet the maximum response time, the tow operator shall
immediately update the DTS System accordingly. lf, after accepting the call, the Tow Operator is unable to
respond or will be delayed in responding, the Tow Operator shall immediately update the DTS system
accordingly.
To decline or refuse to respond will be considered a non-response. Each non-response will be immediately
documented in the DTS System. Each non-response will be logged by the DTS System and reviewed by the
City. lf the fault for the non-response is attributed to other than the Tow Operator, the Tow Operator will be
placed back in the rotational list and called at the next opportunity in line
One such breach, determined to be the fault of the Tow Operator, will be grounds for written reprimand which
may be subsequent to a meeting between the Tow Operator and the City. A second breach may be grounds for
a (30) thirty-day suspension of this Agreement. A third violation will be considered a material breach of the
Agreement and may result in immediate termination of this Agreement
ln the case of suspension or termination, all vehicles then in storage at the time of the suspension or termination
remain protected under this Agreement as City's impounds and the Tow Operator is so bound. The City will
have the option to remove and/or transfer stored vehicles.
When a Tow Operator will be temporarily unavailable to provide services due to preplanned/scheduled activity,
such as a vacation, maintenance, medical leave, etc., the Tow Operator will notify City in writing via the DTS
system at least forty-eight (48) hours in advance. City reserves the right to deny these requests to maintain
adequate service levels for tow operations. Failure to notify the City will be considered a non-response and a
material breach of this agreement.
7. StoraqeResponsibilities
It shall be the duty of the Tow Operator to provide impound and other storage service for all vehicles as directed
by the City. The Tow Operator shall be responsible for all vehicles, accessories and equipment thereon and all
personal property therein stored by Tow Operator. lt shall be the Tow Operators' duty to protect such stored
vehicles, accessories, equipment, and property against all loss or damage by fire, theft or other causes. The
Tow Operator will have available for review by City personnel, all permits and proof of compliance to all local
zoning, special use, conditional use and special requirements, laws and regulation lt is the responsibility of the
Tow Operator to ensure vehicles are stored in a secured facility
8. Size and Location of Storaoe Facilitv
The tow yard shall be located within the City of Fresno's "Metropolitan Area " Metropolitan area is defined as
within the borders of Copper Avenue to the north, American Avenue to the south, DeWolf Avenue to the east
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and Chateau Fresno to the west. Tow Operator shall be responsible for the security of vehicles and property at
the place of storage At a minimum, a six (6) foot fence or enclosed secured area is required for outside
storage. A minimum of 5,000 square feet, or room for twenty (20) vehicles, shall be provided. All tow yards
located with the City of Fresno shall be in compliance with the FMC, current Directors Class #208 and shall
follow the current Development and Resource Management Department's Policy and Procedure C-002. lf the
tow facility is located outside the City of Fresno, the tow operator is required to provide written proof that theyard is in compliance with the authorizing jurisdiction. Tow Operator is responsible for the reasonable care,
custody, and control of any property contained in towed or stored vehicles. The storage facility and business
office will be located at the primary storage yard and shall be maintained in a functional, clean and orderly
fashion. The facility shall have a telephone, on-site fax machine and the necessary computer equipment to
properly run DTS software and to send and receive email.
ln the event of criminal activity at a storage facility, the City may require the Tow Operator to take measures to
assist in preventing such crimes. These measures could include, but are not limited to: the yard being
illuminated during darkness, with security type lighting, to such a degree that visual observation oi tne entire
yard may be accomplished at alltimes, improved fencing and/or security patrols.
All vehicles stored or impounded as a result of a tow ordered by the City shall be towed direcfly to a towing
service storage lot unless the City, or in the case of a citizen's assist, a person legally in charge of the vehicle,
requests that it be taken to some other location.
All vehicles towed as a result of action taken by the City will be stored at the Tow Operator's principal place of
business unless directed otherwise by the City's Tow Coordinator Vehicles stored at an auxiliary storage facility
will be considered a breach of this Agreement. The Tow Operator shall not remove personal property from a
stored vehicle. lf the registered owner removes personal property from a stored vehicle, the Tow Opeiator will
maintain documentation of such and will require a signed receipt from the registered owner for property
released. The Tow Operator shall immediately notify the City if any contraband, weapons or hazardous
materials are found in the vehicle(s).
9. Enclosed Facilitv
The Tow Operator may maintain, without charge to the City or any other person, separate and enclosed garage
facilities no less than 1,000 square feet of clean working space. The facility must be constructed to include a
roof and at least four walls of substantial design to withstand the elements and protect the vehicles from the
weather. The facility should have a concrete floor and sufficient lighting. This inside facility must be located at
the Tow Operator's primary storage yard. This inside facility is not required to qualify for the City's rotation,
however, when inside storage is requested for a particular vehicle, the next Tow Operator in line meeting the
needs of the City's request will be used.
10. DTS Requirements
Tow Operator shall utilize the most recent, updated and upgraded DTS software program, to dispatch and track,
via a web-based lnternet connection. Tow Operators will be required to enter the towed vehicle information as
instructed by the City. At no time will a vehicle be released, subject to lien, or junked from impound without all
required data fields beíng entered into the DTS system by the Tow Operator. The Tow Operator shall clearly
identify and enter into DTS the name of the person to whom the vehicle was actually released. All City tow
requests shall be made utilizing this program. Failure at any time to have the DTS program in full operation shall
cause the immediate removal of the Tow Operator from the tow rotation and be grounds for immediate
terminatton by City Tow Operator must enter into a separate agreement, or license for the DTS software
program with the owner of that proprietary software. The City shall not provide the DTS software program, any
licensing or sub-licensing thereof or any intermediary services for the procurement by Tow Operator of tne OIS
software program. This Agreement shall not be executed by the City until Tow Operator has demonstrated to
the City's satisfaction compliance with the requirements set forth herein. Tow Operator shall be liable for all
fees, charges, prices, rates and service charges required from DTS. DTS shall be utilized in "real time" and all
entries should reflect as such. lnvoices shall be used from DTS when releasing vehicles and be pursuant to
section 22651 07 of the CVC. The only Tow Operator personnel authorized to utilize and access DTS are those
that have fully complied with the provisions set forth in Section 12, "Tow Operator Personnel" of this Agreement.
lf the Tow Operator is not in FULL compliance with the above stated requirement, the Tow Operator will be
removed from the City towing rotation. ln the event that DTS fails to provide software services, or the City elects
to utilize a new software provider, the Tow Operator will be required to use the replacement towing software
system. lf that occurs, all references to DTS in this Agreement shall instead be interpreted as references to the
new software program
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11. Official Notification bv Citv Reqardinq Tow
Official notification by City regarding tow services is considered any form of written, email, verbal instructions or
notifications received from an authorized City employee or electronic notice from the DTS program. lf the Tow
Operator receives verbal instructions or notifications from a City employee the Tow Operator must respond to
City, by 5:00 p.m. (PST) on the next business day.
12. Tow Operator Personnel
A.) Conduct
The Tow Operator shall perform the services required of it in an ethical, orderly manner, endeavoring to
obtain and keep the confidence of the public. At no time will the Tow Operator or its agent or any
employee of the Tow Operator exhibit any of the following behavior: rudeness, or otherwise being
uncooperative, argumentative, threatening, incompetent or acting in a dangerous manner with any City
employee, or with any member of the public. The City reserves the right to cancel an individual tow
assignment, if in the opinion of the City, the Tow Operator is acting in a rude, uncooperative,
argumentative, threatening, incompetent or dangerous manner. The City also reserves the right to cancel
an individual tow assignment if in the opinion of the City the Tow Operator is likely to damage the vehicle
for which the tow service was called. Other examples of unacceptable behavior include but are not limitedto: profanity, abusive language, disconnecting telephone calls for public inquiries regarding a tow,
threatening, aggressive, or assertive language, failure to provide timely information or documents in
response to a public or City inquiry, lack of respect to any City personnel or member of the public,
destruction or damaging of evidence, failure to comply with the reasonable request of a member of the
public, failure to release vehicle in a timely manner, failure to make appointment for release of vehicle
during evening or weekend hours, failure to promptly be on site at time of appointment for release of
vehicle during evening or weekend hours, impeding an investigation or any other conduct which the City
deems unprofessional.
lf the Tow Operator is found to be in violation of this conduct clause, the City will cancel the Tow Operator
and request the next Tow Operator in rotation. Any such behavior as set forth above shall be considereda material breach of this Agreement and may be grounds for immediate suspension or immediate
termination by the City, without penalty.
B.) PersonnelAppearance
Tow Operators shall be required to furnish their employees with a distinctive company uniform. Each
uniform shall have the firm's name, as well as the employee's name, in a conspicuous place. The tow
company's name and driver's first name shall be clearly visible at all times, meaning that protective or
inclement weather outer garments must meet this standard. Each employee shall have sufficient uniforms
so as to maintain a neat, clean appearance at all times. Minimum requirements for uniforms include a
shirt, long pants, and appropriate safety shoes. All drivers shall be in uniform before any towing or service
operation begins. No wording, designs, photos, gestures, or anything that could be considered offensive
or obscene to the general public shall be displayed by the Tow Operators or on any part of the uniform
Dress standards are required in order to project a professional and positive image to the public
All employees must be neat, clean and well groomed in appearance. ln order to ensure a professional
appearance, all tattoos must be concealed by operators while working. Personnel will be required to
conceal any tattoos with gloves, collars, long sleeves, or by other means acceptable to the City. Facial
tattoos of any variety are not permitted No facial piercings shall be worn while on duty.
Drivers shall wear safety vests or reflectorized clothing that conforms to Occupational Safety and Health
Administration (OSHA) requirements. Alternatively, the OSHA safety requirements may be incorporated
into the uniform, jacket, or rain gear, as long as these items are worn as the outermost garment.
C.) UnlawfulActivity
The Tow Operator or it's employees shall not be involved, nor shall the Tow Operator or its employees
become involved in any agreement or activity whether verbal, written or conveyed in any other manner,
any activity or business venturg which may be construed as unlawful. lf the City deems the involvement
to be unlawful, the City may immediately terminate this Agreement.
The Tow Operator shall not provide any direct or indirect commission, gift or any compensation to any
person or public or private entity, in consideration of arranging or requesting the services of a tow truck as
provided in section 12110 of the CVC.
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No Tow Operator will be involved or solicit any compensation of any kind including but not limited to
involvement with any other company or business that might result in income or consideration as a result of
any activity initiated by the City.
An example of such a prohibited involvement could include but is not limited to: financial reimbursement
by auto-body repair business for referrals, or towing directly from the scene of a collision to the auto-body
shop without prior unsolicited approval or request by the registered owner, driver or insurance company
representative of the damaged vehicle; kickback to or from a security company or homeowner's
association for "finding" or towing a vehicle from a location, whether private property, public, off street
parking facility or a public roadway. Violation of this provision shall be grounds for immediate termination
by City, without penalty.
D.) Personnel Licenses
Tow Operators providing seruices under this Agreement, including tow truck drivers, dispatchers and other
office personnel, will have sufficient knowledge, experience and capability to ensure safe and proper
discharge of their service responsibilities. lt will be the responsibility of the Tow Operator to ensure that all
of its personnel will be properly licensed in accordance with sections 12500, 12520, and 12804.9 of the
CVC. Alltow truck drivers and tow truck operators shall be enrolled in the "Pull Notice" program as defined
in CVC section'1808 1 et seq.. Drivers must complete a CHP approved Tow Operator Course every five
(5) years and copies of completion of the course shall be sent to the City. All Tow Operators and
personnel shall have no criminal record which would preclude them from being placed in a position of trust
while in the service of a law enforcement agency or any crime listed below under the heading of "Criminal
Record."
E.) Fingerprints
All owners and employees who have not previously submitted their "LiveScan" fingerprint samples shall
submit their "LiveScan" fingerprint samples, at their own expense, through the City prior to being awarded
this Agreement, for the purposes of verifying their criminal history with the Department of Justice.
Failure to provide information regarding the identity of the owner, employee, or anyone else with a
financial interest in the Tow Operator will result in termination of this Agreement. The Tow Operator will
provide the City with information regarding any change in employee status immediately and update DTS
to reflect such changes. Failure to comply may result in further disciplinary action, and will be considered
a breach of this Agreement.
After execution of this Agreement, no person shall be employed by the Tow Operator or perform any
service under this Agreement until the background record check and "LiveScan" is completed and
approved by the City and said employee has received their identification badge from the City
Notwithstanding the foregoing, Tow Operators and owners that have towed for the City under the previous
Tow Service Agreement and have completed a new background and "LiveScan" check will be allowed to
continue to tow for the City until such time as the results of the background and "LiveScan" submissions
are reviewed and approved by the City.
Any employee of the Tow Operator that has left employment with said Tow Operator and returned and
been rehired must complete an additional background check before performing services pursuant to this
Agreement
F.) Criminal Record
A conviction of anyone with a financiaf interest in the Tow Operator, or any employee of the Tow Operator,
including but not limited to any of the following offenses, may be cause for denial of application or
termination of this Agreement:
. Any crimes listed in California Penal Code section 290. DUI-Within 5 years of the Date of Fingerprinting. Vehicle theft. Fraud. Stolen Property
o Crimes of Violence. Any felony crime relating to narcotics or any controlled substance. Any other crimes enumerated in CVC section 2432.3
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. Act¡vely on parole or on any form of probation
. Crime of moralturpitude. Sex, Arson, Narcotics Registrant. Other felony conviction
The City is not required to provide any reason, rationale or factual information in the event it elects to deny
application or remove any of Tow Operator's personnel from providing services for the City under this
Agreement. Tow driver or employee applicants denied under this section may appeal to the Chief of
Police or his/her designee. All decisions by the Chief of Police, or his/her designee, are final.
ln the event the Tow Operator or employee is convicted or is under investigation, the Tow Operator may
be given the opportunity to replace that employee without prejudice to the Agreement. Nothing shall
prohibit the City from removing, suspending or terminating the Agreement. lt will be the responsibility of
the Tow Operator to provide the City with updated information regarding any illegal activity, arrest(s) or
conviction of any Tow Operator and/or employee. For the purpose of this section, any conviction or plea
of guilty or nolo contendre, even to any lesser-included offense, are considered convictions Failure to
provide information regarding the identity of the employee, or anyone else with a financial interest in the
Tow Operator will result in termination of the Agreement Failure to provide information to the City of any
information regarding the conviction of any of the above crimes may also result in termination of the
Agreement.
G ) ldentification Badges
Each tow truck driver or employee of the Tow Operator shall wear, in plain view an identification badge,
authorized and issued by the City to that employee, while on any call for service where the City is
involved. lf a tow truck driver responds to a scene without his authorized name badge, the tow truck
driver will be dismissed from the scene and the next Tow Operator in rotation will be called. Failure to
carry an identification badge will be considered a violation as stated in Section 31, "Disciplinary Action," of
this Agreement. The purpose of these badges will be to identify those employees of the Tow Operator
who have been fingerprinted by the City and have passed the record check by the Department of Justice
All identification badges are the property of the City and will be returned by the Tow Operator to the City
within forty-eight (48) hours of an employee's separation. Tow Operator will provide a current list of all
staff including drivers, dispatchers, etc Anytime there are any changes to this list, the City is to be notified
by the next business day and provided with an updated and current list.
13. Tow Operator Licensinq and Certification
All licensing and certifications required by Federal, State and local authorities shall be maintained current and
valid at all times as required in CVC sections: 34507.5,34600 et seq, 34620, and 12111, and sections 7231 et
seq, of the California Revenue and Taxation code. Failure to have any required license or certification, including
any driver who fails to have an appropriate class of license, may be grounds for immediate termination by City
without penalty.
14. Inspection
All real property and improvements thereon, and all vehicle facilities, equipment and materials used by the Tow
Operator in the performance of the services required herein shall be open to inspection by the City or its
authorized representative, and will be subject to no less than one annual inspection. Additional inspections may
be conducted without notice during normal business hours. lnspections may include, but are not limited to, all
books, accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose of auditing
or inspecting any aspect of performance directly related to this Agreement. ln the event that the City determines
that the real property and improvements thereon are insufficient, derelict or fail to meet the requirements as
called out in this Agreement, this Agreement may be terminated by City immediately, without penalty.
15. Vehicle and Equipment Requirements
Tow vehicles will be maintained in compliance with sections 24605, 25253, 25300, 27700 and 27907 of the
CVC. Tow vehicles will be of at least 14,000 lbs. GVWR with dual rear wheels, with the ability to tow two (2)
vehicles, or a vehicle and/or a trailer. Tow vehicles must have two-way communication capabilities and the
ability to communicate and connect with the DTS System at all times. The Tow Operator shall have equipment
capable of towing from off-road areas, towing from underground facilities, and recovery services with an
adjustable boom with at least five tons of lifting capacity. ln addition to the conventional wheel lift towing
capabilities, the Tow Operator shall maintain at least one or more flatbed or rollback trucks with a minimum of
fifty (50) feet of cable, and the required safety equipment Unless otherwise specified by the City, all Tow
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Operators shall respond to a tow service request with a flatbed or rollback truck as specified above. At the
discretion of the tow operator, a wrecker may be used to respond to a tow service request. lf for any reason the
Tow Operator is unable to complete the tow service request with the wrecker, the Tow Operator will not be
placed back on the top of the rotation list and a new Tow Operator will receive the tow service request.
A 3-axle or 25-ton truck is not required equipment However, Tow Operators that possess this equipment will be
placed on a heavy-duty tow rotation list.
All trucks must have the required emergency lighting, portable stop and tail lamps, a broom, shovel, fire
extinguisher (rating 4-8, C), a utility light, reflective triangles, a large pry-bar, covered trash cans with approved
absorbent, rags, unlocking equipment, dollies (boom trucks), chains, and/or tie downs.
Wheel lift trucks will maintain at least100 feet of cable and all safety equipment as required by the
manufacturer.
Tow vehicles must have a cable winch of sufficient size and capacity to retrieve vehicles that have gone off
traveled portions of roadways into inundated areas or other inaccessible locations Winches must have visible
lD tags designating the model, make, serial number, and rated capacity.
All tow trucks used in City tows will be subject to a yearly inspection. This does not preclude the City from
conducting random inspections throughout the year
16. Vehicleldentification
Tow vehicles shall display identification signs in compliance with section 27907 of the CVC. The Tow Operator
shall not display any sign or advertising material that indicates that his tow vehicles are an official police service
of the City.
17. Charges and Fees to be collected from Reqistered Owners
All rates and charges shall be conspicuously posted in the office and in all tow vehicles. These rates shall quote
complete charges and fees with no additional fees to be added at a later date. These rates will be available for
review by City personnel and/or the person for whom tow service is provided. All fees collected shall be itemized
and invoiced in DTS in accordance to section 2265107 of the CVC. lt will be the Tow Operator's responsibility
to collect his bill for service, and the City will not be responsible in any way for these charges. Storage fees will
be calculated on the calendar day except the first 24-hours which is counted as a single day in accordance with
California Civil Code (CCC) 3068.1 (see Attachment B). Allfees listed on the DTS invoice will be received in the
form of major credit card, debit card, or cash All fees collected, both City and Tow Operator fees, must be
invoiced through the DTS system prior to release and at the time of payment. No credit card fees will be
charged pursuant to CVC section 22651Í and CCC section 1748.1 for any portion of the fees. The City
reserves the right to change all payment methods during the term of this agreement.
18. Lien Fees
At no time shall the City be charged a lien fee on a towed or impounded vehicle. No lien shall be attached to
any vehicle that has been impounded by the City until after seventy-two (72) hours from the time of storage as
listed in the DTS system have passed pursuant to section 22851 12 of the CVC. All lien transactions must be
entered into the DTS system by Tow Operator. Vehicles sold at lien sale shall abide by all laws relating to lien
sales A vehicle held in impound by the City for thirty (30) days, shall not be sold at lien until such time as is
considered reasonable to allow the registered owner time to pay for and pick up the vehicle before it is sold at
lien, but under no circumstances before the thirty-fifth (35th) day after storage.
The Tow Operator shall abide by all applicable statutes and ordinances concerning disposal of unclaimed
vehicles, including but not necessarily limited to CVC sections 22670',22851',22851.1',22851.2',22851.3',
22851 .4: 22851 .6', 22851 .8: 22851.10, 22851 .12 and 22852.5.
As described in CVC section 22856, liability for despoliation of evidence shall not arise against the Tow
Operator that sells any vehicle at, or disposes of any vehicle after, a lien sale, as long as the Tow Operator can
show written proof that he was notified in writing by the City that the vehicle would not be needed as evidence in
a legal action. This proof may exist in the form of an official release in the DTS System or any other written
conveyance signed by a member of the City prior to the official, written release of the vehicle.
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19. Reasonableness and Validitv of Fees
Fees charged to the registered owner or any other person for response to calls originating from the City shall be
reasonable and not in excess of those rates charged for similar services provided in response to requests
initiated by any other public agency or private person. During the term of this agreement, the City shall conduct
an annual review each December of towing and storage fees of comparable cities and adjust rates set forth in
Attachment B by the first week of January of the following year.
20. Towinq Operation
All tows performed under this Agreement will be included in the flat rate charge as described in Attachment B.
No additional charges shall be charged without prior approval from the City and written notice is provided in the
DTS System. Any unapproved charges received outside the DTS System will result in immediate termination of
this Agreement and removalfrom the rotation list.
ïhe Tow Operator shall base towing charges upon the class of vehicle being towed regardless of the class of
the truck used, except when vehicle recovery operations require a larger class truck. The Tow Operator may
refer to the tow truck classes and weight ratings as defined by the Towing & Recovery Association of America
(TRAA) vehicle identification guide.
21. Service Call Rotation and Fees
The City shall establish a separate rotation list for Tow Operators willing to respond to service requests (out of
gas, lockouts, tire changes, etc.) Rates for a service requests shall not exceed one-half the flat rate charge for a
light duty truck response.
22. Gate Fees
No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding State
recognized holidays as listed below.
New Year's Day
Martin Luther King Day
Presidents'Day
Cesar Chavez Day
Memorial Day
lndependence Day
Labor Day
Veterans'Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
An after hours gate fee may be charged at all other times. The gate fee is not to exceed fifty percent (50%) of
the flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal
property recovery that occurs outside normal business hours (excluding lien fees, storage fees, taxes, or other
additional fees.) The Tow Operator is responsible for assuring that proper gate fees are charged in accordance
with this section. Over charging gate fees will be considered a major violation as outlined in Section 30.
All towing and storage fees charged by the Tow Operator are the responsibility of the vehicle's owner and are
not the responsibility of the City. The exception would be evidentiary impounds made at the direction of City
personnel.
23. Cancelled Tow
The City shall not be liable to pay the Tow Operator or anyone else any charge or other fee for a call that does
not result in a chargeable service being rendered by Tow Operator ("Dry Run"). The cancelled Tow Operator
shall be placed back on the top of the rotation list and will receive the next tow in rotation.
24. Towed in Error
ln the event the City determines that an error has occurred in impounding a vehicle, it shall be immediately
released to the registered owner without charge and the Tow Operator will be placed back on the top of the
rotation list and will receive the next tow in rotation. ln addition, the Tow Operator will be given one extra tows
on the rotation list. Additional extra tows may be given at the discretion of the Tow Unit.
25. Release Fees
California law authorizes the recovery of funds required to enforce certain provisions of the CVC and promote
traffic safety on public roadways. This authorization falls under CVC section 22850.5 and further authorized by
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City resolutions. These resolutions are open to public view at the City and/or City offices and are on file with the
City's Traffic Bureau The Tow Operator will collect fees on the behalf of the City from the registered owner,
legal owner or agent of an impounded car.
A City administrative / franchise fee will be charged for the release of a vehicle that has been impounded by the
City. Fees will be established by an independent consulting firm to determine the City's costs associated with
impounding vehicles in accordance with CVC sections 22850.5 and 12110(b). All vehicles impounded will be
charged an administrative / franchise fee for the release of the vehicle. This fee will be established and attached
to each vehicle in the DTS System. The City's administrative fees will be collected at the time of the release by
the Tow Operator The Tow Operator will pay the City's franchise fees equivalent to the City's administrative
fees for every vehicle that is not picked up by the owner or agent. The Tow Operator will pay the City's
administrative / franchise fees for every City vehicle that was towed durlng the preceding month and will pay the
City no later than 12:00 p.m. on the 1Stn of the following month, regardless of the disposition of the vehicle. ln
the event that the 1Sth of the month falls on one of the State recognized holidays listed in Section 22 above, or a
weekend, the City's administrative/franchise fee must be paid by 12:00 p.m. on the following business day. Tow
Operators who fail to submit the City's administrative / franchise fees to the City by the 15'n day of each month
will be immediately suspended from rotation until all fees are received, and will be subject to appropriate
disciplinary action and civil recourse. The City will keep a strict accounting of these fees through the DTS
System and frequent audits will take place to ensure accurate and timely payment of collected City
administrative / franchise fees. The fee will be listed as an item on the owner's / agent's DTS contractor invoice
26. UnauthorizedRelease
Unauthorized release of an impounded vehicle, accidental or othenrvise, having evidentiary value, not officially
released by the City, and determined to be the fault of the Tow Operator, will result in the issuance of a major
violation as set forth in this Agreement. The determination of such fault will be the responsibility of the City.
27. Release of Multi-Dav lmpounds
A vehicle impounded with a multiple day hold may only be released prior to the impound period with written
authorization by the City in the DTS System. The DTS System will automatically schedule the release of an
impounded vehicle
28. Release of Vehicles
Vehicles may only be released through the DTS System. Once the DTS System authorizes the release of a
stored or impounded vehicle, it is the Tow Operator's responsibility for the vehicle's release The Tow Operator
is hereby granted authority to release to the registered owner, legal owner, or authorized representative,
pursuant to section 22850.3 of the CVC. At the time of release, the Tow Operator shall have the registered
owner, legal owner, or authorized representative taking possession of the vehicle sign a release indicating that
they are properly licensed and insured to drive a motor vehicle.
29. DisciplinarvAction
The Chief of Police, or his/her designee, shall take disciplinary action against Tow Operators for violations
investigated and sustained. Unless otherwise noted, the Chief of Police, or his/her designee, will determine the
period of suspension and shall retain discretion regarding the length of any suspension imposed pursuant to the
terms and conditions of this Agreement. The City shall retain record of violations for at least the term of this
Agreement
30. Maior violations
Major violations include any chargeable offense under Federal, State, Local Law and significant violations of this
Agreement. Such violations shall result in suspension or immediate termination of this Agreement The Chief of
Police, or his/her designee, reserves the right to impose longer periods of suspensions or immediate
termination, if deemed appropriate in his/her sole discretion. The Chief of Police, or his/her designee, reserves
the right to remove a Tow Operator from the tow rotation during the investigation of a major violation. A
reinstatement from suspension for a major violation will result in a five hundred dollar ($500.00) fee. Suspension
will not be lifted until the reinstatement fee is received by the Chief of Police or his/her designee. ln addition, a
major violation may also result in the Tow Operator's employee being removed from participation in this
Agreement Examples of major violations include, but are not limited to:
. Physical assault, against public and/or law enforcement
. Verbal abuse against public and/or law enforcement
. Resisting arrest. Tow Truck Driver under the influence of alcohol or illegal drugs
-17 -
. Charging rates that exceed those listed in Attachment B. Vehicle released without authorization. Unauthorized access to storage yard
. Theft
. Mishandling of vehicles stored as evidence. Unauthorized driver responding to call
. Failure to provide information or change of status on any Tow Operator employee or staff. Substantiated private party impound complaints. Any Felony/Misdemeanor arresto Refusalto take a rotational tow. Failure to utilize the DTS System for all City towing related matters. Repeated late or nonpayment of City franchise fees
. Failure to properly secure storage yard
. Failure to obey a lawful order by law enforcement
31. Minor violations
Minor violations will be given to the Tow Operator in the form of a documented warning for the first violation. The
second violation will be in the form of a documented reprimanded and a one hundred dollar ($100.00) fine
Repeated minor violations during the term of the Agreement may be treated as a major violation, and the Tow
Operator will be suspended or terminated from this Agreement. A reinstatement from suspension will result in a
five hundred dollar ($500.00) fee. Suspension will not be lifted until the reinstatement fee is received by the
Chief of Police or his/her designee. Examples of minor violations include, but are not limited to:
. Late payment of City franchise fees. Tow truck drivers not wearing City issued l.D. cards/ proper uniform. Unauthorized arrival time in excess of thirty (30) minutes, or forty-five (45) minutes during peak hours. Repeated rejection of dispatched calls. Other violations of this Agreement not considered a major violation by the Chief of Police or his/her
designee. Unauthorizedride-a-long. Failure to respond to customers' needs
. Failure to maintain proper equipment. Failure to clean up at a collision scene. Vehicle code infractions
32. Hearinq/Appeal
Tow Operator must have a legal existing interest in the tow operation or entitlement subject to the City order,
citation, decision or determination to have standing to appeal a decision by the Chief of Police or his/her
designee An appeal that fails to identify the appellant's standing may be rejected as defective
ln the event FPD serves Tow Operator with disciplinary action amounting to anything less than a suspension
resulting from a minor violation, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow Unit
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension for thirty (30) days or
less resulting from a minor or major violation, the Tow Operator may request a hearing within fifteen (15)
calendar days by submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow
Unit. Upon receipt of a written request for an appeal, and at the discretion of the Chief of Police, or his/her
designee, the Tow Operator may be allowed to continue rotational tows until the final disposition of the appellate
hearing.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension in excess of thirty (30)
days, or termination of the TSA, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Administrative Hearing Officer by way of the City Manager's Office The
written appeal shall be in compliance with FMC sections 1-407 and 9-1712. Notwithstanding any provision
within Chapter 1, Article 4 of the FMC, any person who appeals a suspension in excess of thirty (30) days, or a
termination of the TSA shall not be entitled to placement on the Tow Rotation List or to participate in tows until
such time as any appeal hearing has been concluded and the Administrative Hearing Officer finds that no
grounds for a suspension in excess of thirty (30) days, or a termination of the TSA has been established Tow
Operator's remedy shall be limited to reinstatement on the tow rotation list in such case and no other
compensation or consideration will be allowed.
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ATTACHMENT B
TOW FEES
Flat price per vehicle per call:
Light Duty Tow/Flatbed $ '184 00/Each
Medium Duty Tow $ Average CHP Rates Apply
Heavy Duty Tow $ Average CHP Rates Apply
Water Recovery: $ Average CHP Rates Apply
Technoloqy Fee:
DTS Software Fee per Vehicle Towed $ Charge listed in DTS Contract and DTS System
Storaqe Rates:
Passenger cars $ 45.00/per day
Motorcycles $ 45.00/per day
Trucks or Trailers $ Average CHP Rates Apply
lnside Storage Rates:
Passenger cars $ 55.00/per day
Motorcycles $ 55.00/per day
Trucks or Trailers $ Average CHP Rates Apply
Gate Fee: No gate fees may be charged between B:00 a m. through 5:00 p.m. Monday through Friday, excluding
State recognized holidays as listed in the Agreement.
An after hours gate fee may be charged at all other times. The gate fee shall not exceed fifty percent (50%) of the
flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal property
recovery that occur outside normal business hours (excluding lien fees, storage fees, taxes, or other additional
fees).
Non-tow service calls (out of gas, lockouts, and flat tires) shall not exceed one-half the flat rate charge for a light
duty truck response.
City of Fresno Administrative / Franchise Fees:
Vehicle Collision Blocking a Roadway $ 60.00
lllegally Parked / Abandoned Vehicle $116.00
Unlicensed Driver / Expired Registration $189.00
Arrested / Suspended Driver $266.00
DUI Driver $450.00
All fees listed on the DTS invoice will be received in the form of major credit card, debit card or cash. No
credit card fee will be charged pursuant to CVC section 22651.1 and CCC section 1748.1.
- 19 -
CITY OF FRESNO
NON-EXCLUSIVE FRANCHISE TOW AGREEMENT
FOR FRESNO POLICE DEPARTMENT
This Non-exclusive Franchise Tow Agreement (TSA) is entered into effect on the 28th day of December 2014 set
forth below, at Fresno, California, between the City of Fresno, a municipal corporation (City) and A&R Towing, a
sole proprietorship (the Tow Operator).
This Agreement, including all attachments, contains rules and regulations that a tow company agrees to comply
with in order to participate in the tow operations of the City of Fresno Police Department (FPD). Participation in
the FPD Rotation Tow Program (Tow Program) is voluntary. Compliance with all of the terms and conditions of
the Agreement is mandatory for tow companies participating in the Tow Program. A Tow Operator, by agreeing
to participate in the Tow Program, is not acting as an agent for FPD or City when performing services under this
Agreement.
1. Governinq Law and Venue
This Agreement shall be governed by, and construed enforced in accordance with, the laws of the State of
California excluding, however, any conflict of laws rule which would apply the law of another jurisdiction Venue
for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any
rights and duties hereunder shall be the County of Fresno, California.
2. Entire Aqreement
This Agreement, its attachments and exhibits, when accepted by the Tow Operator either in writing or
commencement of performance hereunder, contains the entire Agreement between the parties with respect to
the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth
herein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by
City in writing
3. Amendments
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the
parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties;
and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in
writing.
4. Assiqnment or Sub Contractinq
The terms, covenants, and conditions contained herein shall apply to the parties. Furthermore, neither the
performance of this Agreement nor any portion thereof may be assigned or subcontracted by Tow Operator
without the express written consent of City. Any attempt by Tow Operator to assign or subcontract the
performance or any portion of this Agreement without the express written consent of City shall be invalid and
shall constitute a breach of this Agreement.
5. PatenUCopvriqht Materials/Proprietarv lnfrinqement
Unless othenruise expressly provided in this Agreement, Tow Operator shall be solely responsible for obtaining a
license or other authorization to use any patented or copyrighted materials in the performance of this
Agreement. Tow Operator warrants that any Software as modified through services provided hereunder will not
infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Tow Operator
agrees that, in accordance with the more specific requirement below, it shall indemnify, defend and hold City
and City lndemnitees harmless from any and all such claims and be responsible for payment of all costs,
damages, penalties and expenses related to or arising from such claim(s), including, but not limited to,
attorney's fees, costs and expenses.
6. Non-Discrimination
ln the performance of this Agreement, Tow Operator agrees that it will comply with the requirements of section
1735 oÍ the California Labor Code and not engage nor permit any Tow Operators to engage in discrimination in
employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, marital status, or sex of such persons. Tow Operator acknowledges that a
violation of this provision shall subject Tow Operator to all the penalties imposed for a violation of anti-
discrimination law or regulation, including but not limited to, section 1720 et seq. of the California Labor Code.
-1
7. Termination
ln addition to any other remedies or rights it may have by law, City has the right to terminate this Agreement
without penalty immediately with cause and either party may terminate after thirty (30) days written notice
without cause, unless othenvise specified. Cause shall be defined as any breach of this Agreement or any
misrepresentation or fraud on the part of the Tow Operator. Exercise by City of its right to terminate the
Agreement shall relieve City of all further obligation.
L Consent to Breach Not Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or
consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any
party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver
of, or excuse for any other different or subsequent breach.
9. Remedies Not Exclusive
The remedies for breach set forth in this Agreement are cumulative as to one another and as to any other
provided by law, rather than exclusive; and the expression of certain remedies in this Agreement does not
preclude resort by either party to any other remedies provided by law.
10. lndependent Tow Operator
Tow Operator shall be considered an independent Tow Operator and neither Tow Operator, its employees nor
anyone working under Tow Operator shall be considered an agent or an employee of City. Neither Tow
Operator, its employees nor anyone working under Tow Operator, shall qualify for workers' compensation or
other fringe benefits of any kind through City.
11. Performance
Tow Operator shall perform all work under this Agreement, taking necessary steps and precautions to perform
the work to City's satisfaction. Tow Operator shall be responsible for the professional quality, technical
assurance, timely completion, and coordination of all documentation and other goods/services furnished by Tow
Operator under this Agreement. Tow Operator shall: perform all work diligently, carefully, and in a good and
workman-like manner; furnish all labor, supervision, machinery, equipment, materials, and supplies necessary
therefore; at its sole expense obtain and maintain all permits and licenses required by public authorities,
including those of City required in its governmental capacity, in connection with performance of the work; and, if
permitted to subcontract, be fully responsible for all work performed by sub-Tow Operators.
12. lndemnification
A) Tow Operator shall indemnify, hold harmless and defend City and each of its officers, officials,
employees, agents and authorized volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to
personal injury, death at any time and property damage) incurred by City, Tow Operator, or any
other person, and from any and all claims, demands and actions in law or equity (including
attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of
performance of this Agreement. Tow Operator's obligations under the preceding sentence shall
apply regardless of whether City or any of its officers, offìcials, employees, agents or authorized
volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or
damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any
of its officers, officials, employees, agents or authorized volunteers
B) lf Tow Operator should subcontract all or any portion of the work to be performed under this
Agreement, Tow Operator shall require each subcontractor to indemnify, hold harmless and defend
City and each of its officers, officials, employees, agents and authorized volunteers in accordance
with the terms of the preceding paragraph
C) This section shall survive termination or expiration of this Agreement.
13. lnsurance
A) Throughout the life of this Agreement, Tow Operator shall pay for and maintain in full force and
effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted
by the California lnsurance Commissioner to do business in the State of California and rated not
less than "A-Vll' in Best's lnsurance Rating Guide, or (ii) authorized by City's Risk Manager. The
following policies of insurance are required:
2
5)
B)
1) COMMERCIAL GENERAL LIABILITY insurance which shall be on the most current version of
lnsurance Services Office (lSO) Commercial General Liability Coverage Form CG 00 01 and
include insurance for "bodily injury," "property damage" and "personal and advertising injury"
with coverage for premises and operations, products and completed operations, and
contractual liability (including, without limitation, indemnity obligations under the Agreement)
with limits of liability of not less than $1,000,000 per occurrence for bodily injury and property
damage, $1,000,000 per occurrence for personal and advertising injury and $2,000,000
aggregate for products and completed operations and $2,000,000 general aggregate.
2) GARAGEKEEPERS LEGAL LIABILITY insurance which shall include coverage for vehicles in
the care, custody, and control of the Tow Operator with limits of liability of not less than
$120,000 per occurrence for property damage.
3) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be on the most current
version of lnsurance Service Office (lSO) Business Auto Coverage Form CA 00 01, and
include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles
(Code 1- Any Auto) with limits of not less than $1,000,000 per accident for bodily injury and
property damage.
4) ON-HOOI(CARGO insurance which shall include coverage for vehicles in tow with limits of
liability based on the size of the tow truck, which are as follows:
a) Class A/B tow truck... $120,000b) Class C tow truck... ... . ... ... $200,000c) Class D tow truck... $300,000
WORKERS' COMPENSATION insurance as required under the California Labor Code and
EMPLOYERS'LIABILITY insurance with minimum limits of $1,000,000 each accident, $1,000,000
disease policy limit and $'1,000,000 disease each employee.
Tow Operator shall be responsible for payment of any deductibles contained in any insurance
policies required hereunder and Tow Operator shall also be responsible for payment of any self-
insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate
of lnsurance and approved by the City's Risk Manager or his/her designee. At the option of the
City's Risk Manager, or his/her designee, either:
1) The insurer shall reduce or eliminate such deductibles or self-insured retention as
respects City, its officers, officials, employees, agents and volunteers; or
2) Tow Operation shall provide a financial guarantee, satisfactory to City's Risk Manager, or
his/her designee, guaranteeing payment of losses and related investigations, claim
administration and defense expenses. At no time shall City be responsible for the payment of
any deductibles or self-insured retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30)
calendar days written notice in favor of City of policy cancellation, change or reduction of coverage,
except for the Workers'Compensation policy which shall provide ten (10) calendar days written
notice of such cancellation, change or reduction of coverage. ln the event any policies are due to
expire during the term of this Agreement, Tow Operator shall provide a new certificate and all
applicable endorsements evidencing renewal of such policy prior to the expiration date of the
expiring policy(ies) to the Chief of Police, or his/her designee, and the City's Risk Division. Upon
issuance by the insurer, broker, or agent of a notice of cancellation, change or reduction in
coverage, Tow Operator shall file with the Chief of Police, or his/her designee, and the City's Risk
Division, a new certificate and all applicable endorsements for such policy(ies).
The General Liability, Automobile Liability and Garagekeepers Legal Liability insurance policies
shall be written on an occurrence form and shall name City, its officers, officials, agents, employees
and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Tow
Operator's insurance shall be primary with respect to the City, its officers, officials, employees,
agents and authorized volunteers with no contribution required of City. Any Workers' Compensation
insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents,
c)
D)
3
employees and authorized volunteers. Tow Operator shall have furnished City with the certificate(s)
and applicable endorsements for ALL required insurance prior to City's execution of the Agreement.
E) The fact that insurance is obtained by Tow Operator shall not be deemed to release or diminish the
liability of Tow Operator, including, without limitation, liability under the indemnity provisions of this
Agreement. City shall apply to all claims and liability regardless of whether any insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by Tow Operator. Approval or purchase of any insurance contracts or policies shall in no
way relieve from liability nor limit the liability of Tow Operator, its principals, officers, agents,
employees, persons under the supervision of Tow Operator, vendors, suppliers, invitees,
consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of
them.
F) Upon request of City, Tow Operator shall immediately furnish City with a complete copy of any
insurance policy required under this Agreement, including all endorsements, with said copy certified
by the undenryriter to be a true and correct copy of the original policy. This requirement shall survive
expiration or termination of this Agreement.
G) lf at any time during the life of the Agreement or any extension, Tow Operator fails to maintain the
required insurance in full force and effect, all work under this Agreement shall be discontinued
immediately until notice is received by City that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory to City.
Any failure to maintain the required insurance shall be sufficient cause for City to terminate this
Agreement
H) lf Tow Operator should subcontract all or any portion of the work to be performed, Tow Operator
shall require each subcontractor to provide insurance protection in favor of the City, its officer,
officials, employees, agents and authorized volunteers in accordance with the terms of each of the
preceding paragraphs, except that the subcontractors certificates and endorsements shall be on file
with the Tow Operator and City prior to the commencement of any work by the subcontractor.
14. Bills and Liens
Tow Operator shall pay promptly all indebtedness for labor, materials, and equipment used in performance of
the work. Tow Operator shall not permit any lien or charge to attach to the work or the premises, but if any does
so attach, Tow Operator shall promptly procure its release and indemnify, defend, and hold City harmless and
be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related
thereto.
15. Ghanqe of Control
Tow Operator agrees that if there is a change or transfer in ownership or control of the Tow Operator's business
prior to completion of this Agreement, unless such change or transfer is to "immediate family" as defined in
Fresno Municipal Code (FMC) section 3-101(e) and approved in writing by the Chief of Police, or his/her
designee, such change or transfer shall terminate this Agreement. This includes but is not limited to changes in.
Corporate Board Members, Managers, Directors, Treasurer, Trustees, or ownership interests. All changes or
transfers to "immediate family" must be approved by the Chief of Police, or his/her designee, prior to such
change or transfer in order for the Tow Operator to remain on the tow services list. Final written approval or
disapproval for the change or transfer in ownership or control will be given by the Chief of Police or his/her
designee. All "immediate family" members involved in the potential transfer and operation of the Tow Operator
shall be required to undergo a background check, review, and "Livescan" fingerprint screening. The "immediate
family" members involved in the change or transfer of ownership or control must also possess and keep current
all licensing certificates and insurance as required in this Agreement. The "immediate family" members who will
operate or otherwise be legally responsible for the Tow Operator will be required to execute a new TSA.
A) Tow Operator owners shall be directly involved in the day-to-day operations of their
business and shall not be directly involved in the towing-related business of any other tow
company on, or applicant for, the Tow Rotation List. Co-mingling of operations, business,
offices, board members, and finances is strictly prohibited.
B) lf terminated or suspended, Tow Operator and/or its owner at the time of the suspension or
termination, shall not be eligible for a rotation listing for the duration of the suspension or
termination. This section applies to the Tow Operator working in any capacity within any tow
4
business or operating any tow business and to the tow business even if operated under new
ownership.
C) Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow
Rotation List, excluding equipment which may be unavailable due to repairs or when there is a need
for equipment replacement and written approval is obtained from the Chief of Police or his/her
designee.
16. Force Maieure
Tow Operator shall not be in breach of this Agreement caused by any act of God, war, civil disorder,
employment strike or other cause beyond its reasonable control, provided Tow Operator gives written notice of
the cause of the delay to City within thirty-six (36) hours of the start of the delay and Tow Operator avails itself of
any avallable remedies.
17. Confidentialitv
Tow Operator agrees to maintain the confidentiality of all City and City-related records and information pursuant
to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term
of this Agreement. All such records and information shall be considered confidential and kept confidential by
Tow Operator and Tow Operator's staff, agents and employees.
18. Compliance with Laws
Tow Operator represents and warrants that services to be provided under this Agreement shall fully comply, at
Tow Operator's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and
regulations, including, but not limited to those issued by City in its governmental capacity and all other laws
applicable to the services at the time services are provided to and accepted by City. Tow Operator
acknowledges that City is relying on Tow Operator to ensure such compliance (collectively Laws). Tow Operator
agrees that it shall defend, indemnify and hold City and City lndemnitees harmless from all liability, damages,
costs, and expenses arising from or related to a violation of Laws.
19. Pricinq
The Agreement price shall include full compensation for providing all required services in accordance with the
Scope of Work attached to this Agreement, and no additional compensation will be allowed therefore, unless
othenivise provided for in this Agreement. Tow Operator shall pay the City Franchise Fees as listed in
Attachment "8", or "City Administrative / Franchise Fees", in accordance with Paragraph 25 of Attachment "4".
20. Terms and Conditions
Tow Operator acknowledges that the undersigned has read and agrees to all terms and conditions included in
this Agreement.
21. Severabilitv
lf any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired or invalidated thereby.
22. Calendar Davs
Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless
otherwise expressly provided.
23. Attornev Fees
lf either party is required to commence any proceeding or legal action to enforce any term, covenant or condition
of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other
party its reasonable Attorney's fees and legal expenses.
24. lnterpretation
This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in
the matters dealt with in this Agreement. ln addition, each party has been represented by experienced and
knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel
despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have
not been influenced to any extent whatsoever in executing this Agreement by any other party hereto or by any
person representing them, or both Accordingly, any rule or law (including California Civil Code section 1654) or
legal decision that would require interpretation of any ambiguities in this Agreement against the party that has
5
drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable
manner to affect the purpose of the parties and this Agreement.
25. Authoritv
The parties to this Agreement represent and warrant that this Agreement has been duly authorized and
executed and constitute the legally binding obligation of their respective organization or entity, enforceable in
accordance with its terms.
26. Emplovee EliqibilitvVerification
Tow Operator warrants that it fully complies with all Federal and State statutes and regulations regarding the
employment of aliens and others and that all its employees performing work under this Agreement meet the
citizenship or alien status requirement set forth in Federal statutes and regulations. Tow Operator shall obtain,
from all employees performing work hereunder, all verification and other documentation of employment eligibility
status required by Federal or State statutes and regulations including, but not limited to, the lmmigration Reform
and ControlAct of 1986, I U.S.C. 51324 et seq., as they currently exist and as they may be hereafter amended.
Tow Operator shall retain all such documentation for all covered employees for the period prescribed by the law.
Tow Operator shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its
agents, officers, and employees from employer sanctions and any other liability which may be assessed against
Tow Operator or City or both in connection with any alleged violation of any Federal or State statutes or
regulations pertaining to the eligibility for employment of any persons performing work under this Agreement.
27. Additional Terms and Conditions
A) Term of Agreement: This Agreement shall commence on December 28, 2014, and shall be
effective for three (3) years from that date, unless otheruvise terminated by City.
B) Fiscal Appropriations: This Agreement is subject to and contingent upon applicable budgetary
appropriations being made by the City for each year during the term of this Agreement. lf such
appropriations are not forthcoming, the Agreement will be terminated without penalty. Tow
Operator acknowledges that funding or portions of funding for this Agreement may also be
contingent upon the receipt of funds from, and/or appropriation of funds by City. lf such funding
and/or appropriations are not forthcoming, or are otheruvise limited, City may immediately terminate
or modify this Agreement without penalty.
C) Conflict of lnterest (Tow Operator): Tow Operator shall exercise reasonable care and diligence to
prevent any actions or conditions that result in a conflict with the best interest of City. This
obligation shall apply to Tow Operator, Tow Operator's employees, agents, relatives, and third
parties associated with accomplishing the work hereunder. Tow Operator's efforts shall include, but
not be limited to, establishing precautions to prevent its employees or agents from making,
receiving, providing, or offering gifts, entertainment, payments, loans, or other considerations which
could be deemed to appear to influence individuals to act contrary to the best interest of City.
D) Tow Operator Work Hours and Safety Standards: Tow Operator shall ensure compliance with all
safety and hourly requirements for employees, in accordance with federal, state, and City safety
and health regulations and laws.
E) Orderly Termination: Upon termination or other expiration of this Agreement, each party shall
promptly return to the other party all papers, materials, and other properties of the other held by
each for purposes of execution of the Agreement. ln addition, each party will assist the other Party
in orderly termination of this Agreement and the transfer of all aspects, tangible and intangible, as
may be necessary for the orderly, non-disruptive business continuation of each party.
F) Reprocurement Costs: ln the case of default by Tow Operator, City may procure the service from
other sources and, if the cost is higher, Tow Operator will be held responsible to pay City the
difference between the Agreement cost and the price paid. City may make reasonable efforts to
obtain the prevailing market price at the time such services are rendered. This is in addition to any
other remedies available under law.
G) Authorization Warranty. Tow Operator represents and warrants that the person executing this
Agreement on behalf of and for Tow Operator is an authorized agent who has actual authority to
bind Tow Operator to each and every term, condition, and obligation of this Agreement and that all
requirements of Tow Operator have been fulfilled to provide such actual authority.
6
28.
H) Notices: Any and all notices permitted or required to be given hereunder shall be deemed duly
given (1) upon actualdelivery, if delivery is by hand; or (2) upon delivery by the United States mail if
delivery is by postage paid registered or certified return receipt requested mail; or (3) through
electronic means such as, email or the Dispatch & Tracking Solutions Software System (DTS).
l) Data - Title to: All materials, documents, data or information obtained from City data files or any
City medium furnished to Tow Operator in the performance of this Agreement will at all times remain
the property of City. Such data or information may not be used or copied for direct or indirect use
by Tow Operator after completion or termination of this Agreement without the express written
consent of City. All materials, documents, data or information, including copies, must be returned to
City at the end of this Agreement.
J) Usage: No guarantee is given by City to Tow Operator regarding usage of this Agreement. Usage
figures, if provided, are approximate, based upon the last usage. Tow Operator agrees to supply
services and/or commodities requested, as needed by City, at prices listed in the Agreement,
regardless of quantity requested.
K) Tow Operator's Records: Tow Operator shall keep true and accurate accounts, records, books
and data which shall correctly reflect the business transacted by Tow Operator in accordance with
generally accepted accounting principles These records shall be stored at the Tow Operators
principal place of business for a period of three (3) years after final payment is received by City.
L) Audits/lnspections: Tow Operator agrees to permit City's authorized representative (including
auditors from a private auditing firm hired by City) access during normal working hours to all books,
accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose
of auditing or inspecting any aspect of performance under this Agreement. The inspection and/or
audit will be confined to those matters connected with the performance of the Agreement including,
but not limited to, the costs of administering the Agreement. City reserves the right to audit and
verify Tow Operator's records before or after final payment is made.
Tow Operator agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of records retention is stipulated under this Agreement or
by law. Tow Operator agrees to allow interviews of any employees or others who might reasonably
have information related to such records. Further, Tow Operator agrees to include a similar right to
City to audit records and interview staff of any sub-Tow Operator related to performance of this
Agreement.
M) Should Tow Operator cease to exist as a legal entity, Tow Operator's records pertaining to this
Agreement shall be forwarded to the Chief of Police or his/her designee.
Disputes-Aqreement
A) The Parties shall deal in good faith and attempt to resolve potential disputes informally.
1) Tow Operator shall submit to the Chief of Police, or his/her designee, a written demand for a
final decision regarding the disposition of any dispute between the parties arising under,
related to, or involving this Agreement, unless City, on its own initiative, has already rendered
such a final decision.
2) Tow Operator's written demand shall be fully supported by factual information, and, if such
demand involves a cost adjustment to the Agreement, Tow Operator shall include with the
demand a written statement signed by a senior official indicating that the demand is made in
good faith, that the supporting data are accurate and complete, and that the amount
requested accurately reflects the Agreement adjustment for which Tow Operator believes City
is liable.
B) Pending the final resolution of any dispute arising under, related to, or involving this Agreement,
Tow Operator agrees to diligently proceed with the performance of this Agreement. Tow Operator's
failure to diligently proceed shall be considered a material breach of this Agreement.
C) Any final decision of City shall be expressly identified as such, shall be in writing, and shall be
signed by the City Hearing Administrative Officer, or Chief of Police, or his/her designee, as
applicable. lf City fails to render a decision within ninety (90) days after receipt of Tow Operator's
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demand, it shall be deemed a final decision adverse to Tow Operator's contentions. City's final
decision shall be conclusive and binding regarding the dispute unless Tow Operator commences
action in a court of competent jurisdiction.
29. Breach of Aqreement
The failure of the Tow Operator to comply with any of the provisions, covenants or conditions of this Agreement
shall be a material breach of this Agreement. ln such event the City may, and in addition to any other remedies
available at law, in equity, or othen¡vise specified in this Agreement, undertake any of the individual actions or
any combination of the following actions:
1) Afford the Tow Operator written notice of the breach and ten calendar days or such
shorter time that may be specified in this Agreement within which to cure the
breach;
2) Suspend and/or remove Tow Operator from the rotation;
3) Terminate the Agreement immediately, without any penalty.
The Parties hereto have executed this Agreement.
Date: /2 -Q'âA/ ?-
TOW OPERATOR*:
Bv:Title:
TOW OPERAT
Print Name:Date:
*lf a corporation or limited liability company, the document must be signed by two corporate officers The first signature
must be either the Chairman of the Board, President, or any Vice President. The second signature must be the
secretary, an assistant secretary, the Chief Financial Officer, or any assistant treasurers. ln the alternative, a single
signature is acceptable when accompanied by a corporate document demonstrating the legal authority of the
signature to bind the company.
CITY OF FRESNO.
A municipal
DOUGLAS T. SLOAN
City
By
By
ATTEST:
WONNE SPENCE, CMC
City Clerk
Date:
By:: Date:
8
t zlzz/t y
ATTACHMENT A
SCOPE OF WORK
1. Scope of Work
Tow Operator shall perform the towing, and storage of vehicles as directed by the City, and in addition, such
other services as provided in this Scope of Work, and shall provide necessary storage facility, tow vehicles,
labor, materials, equipment, machinery, and tools. The Tow Operator shall comply with all State laws and
regulations, applicable to tow units and impound, towing, storage, selling or junking of vehicles. Tow operators
must follow all guidelines set forth by equipment manufactures recommendations as to their use and care of all
towing related equipment. All permits and licensing fees as specified under California Vehicle Code (CVC)
sections 34620 through 34624 shallbe in fullforce and effect at alltimes during this Agreement. Any violation of
this section will be considered a material breach of the Agreement and may result in immediate termination of
this Agreement.
2. Towinq Services and Duties
It shall be the duty of the Tow Operator, when so directed by the City, to provide prompt tow service for vehicles
which are taken into custody by the City. This includes vehicles involved in collisions or disabled by any other
cause, abandoned in public places or on private property. Vehicles impounded for evidence, impeding the flow
of traffic, or which for any other reason, are within the jurisdiction of the FPD. As required by law, Tow
Operators are to remove from the street all debris resulting from said collisions and to clean the immediate area
of such street (CVC section 27700(a)(1)). lt shall also be the duty to provide for the safety and security of those
vehicles and the contents thereof. These duties are inherent to the job and are to be included in the price of the
basic tow bill.
The tow truck operator shall provide a business card to the registered owner or driver for the vehicle being
towed. The business card shall contain the name, address and phone number of the tow company as well as
the link to the vehicle search system in DTS as follows: www.findmytow.com
Tow truck operators and/or drivers will not be permitted to drive an impounded or recovered stolen vehicle or
vehicle intended for storage from a FPD rotation call or special operation. Any exceptions must be at the
direction of the FPD officer in charge of the scene and should be limited to repositioning the vehicle to allow for
towing.
The City has designated two (2) tow companies for evidence impound tows and no other rotation tow company
shall maintain custody over these vehicles at any time. lf an officer impounds a vehicle for evidence and a non-
preference rotational tow is dispatched, it is the responsibility of the tow driver to verify with the officer on scene
as to whether a vehicle is to be held for evidence. lf it is determined that the vehicle is to be held for evidence,
the tow driver must immediately notify the officer on scene that the company is not authorized to handle
evidence impounds and an evidence tow company shall be dispatched. Tow Operator shall then contact the
Tow Unit on the same business day, or within the next business day if such tow occurs after regular business
hours Acceptance of an evidence tow by a non-designated evidence tow company will result in disciplinary
action and full financial responsibility for all tow and storage fees for each violation.
lf terminated or suspended, Tow Operator and/or owner at the time of the suspension or termination, shall not
be eligible for a rotation listing for the duration of the suspension or termination. This provision applies to the
Tow Operator working in any capacity within any tow business or operating any tow business and to the tow
business even if operated under new ownership.
Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow Rotation List,
excluding equipment which may be unavailable due to repairs or when there is a need for equipment
replacement and written notice has been obtained from FPD.
3. Special Operations
FPD conducts special operations coordinated through the Traffic Bureau throughout the year that requires tow
companies at the location of the special operation. Tow companies on the Tow Rotation List that are in good
standing with FPD may be invited to participate in these operations, provided they are willing to remain with the
special operation until its conclusion and forfeit any rotational tow calls (FPD, California Highway Patrol, or
other) received during the duration of the operation. "Good standing" shall mean that Tow Operator has not
violated, or is not in violation of the terms of this Agreement, the provisions of the FMC, State, or Federal law.
All special operations tows will be subject to the provisions of this Agreement. Tow Operator shall respond to a
I
special operation with a flatbed tow truck with the capability of towing (2) vehicles. No ride alongs will be allowed
on any special operations unless the ride along is the Tow Owner or a Tow Driver who is in training and has
been approved by FPD
4. Siqnaqe and hours of Operation
The storage yard or business office shall have a sign that clearly identifies it to the public as a towing service.
The sign shall have letters that are clearly visible to the public from the street and must be visible at night. All
storage facilities must be accessible to City personnel twenty-four (24) hours per day and seven (7) days per
week. The Tow Operator will provide customer service twenty-four (24) hours per day and seven (7) days per
week for the release of vehicles.
Tow Operator shall provide at least one person at a call station to respond and release vehicles within thirty (30)
minutes. Tow Operator shall maintain all signage required pursuant to CVC sections 228503 and 22651.07
and include an after-hours contact phone number for Tow Operator.
5. Response Time
Tow Operator shall respond to calls twenty-four (24) hours a day, seven (7) days a week, within the maximum
response time limits as established by the Chief of Police or his/her designee. A reasonable response time is
thirty (30) minutes or less, except during peak hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m to 6.00 p.m.,
(Monday through Friday), when the required response time will be extended to forty-five (45) minutes or less.
Tow Operator shall respond with a tow truck of the class required to tow the vehicle specified by the DTS
System.
6. Non-Resoonse
The Tow Operator shall update the DTS System at the time of dispatch to a tow rotation request. lf the Tow
Operator is either unable to respond or unable to meet the maximum response time, the tow operator shall
immediately update the DTS System accordingly. lf, after accepting the call, the Tow Operator is unable to
respond or will be delayed in responding, the Tow Operator shall immediately update the DTS system
accordingly.
To decline or refuse to respond will be considered a non-response. Each non-response will be immediately
documented in the DTS System. Each non-response will be logged by the DTS System and reviewed by the
City. lf the fault for the non-response is attributed to other than the Tow Operator, the Tow Operator will be
placed back in the rotational list and called at the next opportunity in line.
One such breach, determined to be the fault of the Tow Operator, will be grounds for written reprimand which
may be subsequent to a meeting between the Tow Operator and the City. A second breach may be grounds for
a (30) thirty-day suspension of this Agreement. A third violation will be considered a material breach of the
Agreement and may result in immediate termination of this Agreement.
ln the case of suspension or termination, all vehicles then in storage at the time of the suspension or termination
remain protected under this Agreement as City's impounds and the Tow Operator is so bound The City will
have the option to remove and/or transfer stored vehicles.
When a Tow Operator will be temporarily unavailable to provide services due to preplanned/scheduled activity,
such as a vacation, maintenance, medical leave, etc., the Tow Operator will notify City in writing via the DTS
system at least forty-eight (48) hours in advance. City reserves the right to deny these requests to maintain
adequate service levels for tow operations. Failure to notify the City will be considered a non-response and a
material breach of this agreement
7. StoraqeResponsibilities
It shall be the duty of the Tow Operator to provide impound and other storage service for all vehicles as drrected
by the City. The Tow Operator shall be responsible for all vehicles, accessories and equipment thereon and all
personal property therein stored by Tow Operator. lt shall be the Tow Operators' duty to protect such stored
vehicles, accessories, equipment, and property against all loss or damage by fire, theft or other causes. The
Tow Operator will have available for review by City personnel, all permits and proof of compliance to all local
zoning, special use, conditional use and special requirements, laws and regulation. lt is the responsibility of the
Tow Operator to ensure vehicles are stored in a secured facility.
8. Size and Location of Storaqe Facilitv
The tow yard shall be located within the City of Fresno's "Metropolitan Area " Metropolitan area is defined as
within the borders of Copper Avenue to the north, American Avenue to the south, DeWolf Avenue to the east,
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and Chateau Fresno to the west. Tow Operator shall be responsible for the security of vehicles and property at
the place of storage. At a minimum, a six (6) foot fence or enclosed secured area is required for outside
storage. A minimum of 5,000 square feet, or room for twenty (20) vehicles, shall be provided. All tow yards
located with the City of Fresno shall be in compliance with the FMC, current Directors Class #208 and shall
follow the current Development and Resource Management Department's Policy and Procedure C-002. lf the
tow facility is located outside the City of Fresno, the tow operator is required to provide written proof that the
yard is in compliance with the authorizing jurisdiction. Tow Operator is responsible for the reasonable care,
custody, and control of any property contained in towed or stored vehicles. The storage facility and business
office will be located at the primary storage yard and shall be maintained in a functional, clean and orderly
fashion. The facility shall have a telephone, on-site fax machine and the necessary computer equipment to
properly run DTS software and to send and receive email.
ln the event of criminal activity at a storage facility, the City may require the Tow Operator to take measures to
assist in preventing such crimes. These measures could include, but are not limited to: the yard being
illuminated during darkness, with security type lighting, to such a degree that visual observation of the entire
yard may be accomplished at all times, improved fencing and/or security patrols.
All vehicles stored or impounded as a result of a tow ordered by the City shall be towed directly to a towing
service storage lot unless the City, or in the case of a citizen's assist, a person legally in charge of the vehicle,
requests that it be taken to some other location.
All vehicles towed as a result of action taken by the City will be stored at the Tow Operator's principal place of
business unless directed othen¡vise by the City's Tow Coordinator. Vehicles stored at an auxiliary storage facility
will be considered a breach of this Agreement. The Tow Operator shall not remove personal property from a
stored vehicle. lf the registered owner removes personal property from a stored vehicle, the Tow Operator will
maintain documentation of such and will require a signed receipt from the registered owner for property
released. The Tow Operator shall immediately notify the City if any contraband, weapons or hazardous
materials are found in the vehicle(s).
9. Enclosed Facilitv
The Tow Operator may maintain, without charge to the City or any other person, separate and enclosed garage
facilities no less than 1,000 square feet of clean working space The facility must be constructed to include a
roof and at least four walls of substantial design to withstand the elements and protect the vehicles from the
weather. The facility should have a concrete floor and sufficient lighting. This inside facility must be located at
the Tow Operator's primary storage yard. This inside facility is not required to qualify for the City's rotation,
however, when inside storage is requested for a particular vehicle, the next Tow Operator in line meeting the
needs of the City's request will be used.
10. DTS Requirements
Tow Operator shall utilize the most recent, updated and upgraded DTS software program, to dispatch and track,
via a web-based lnternet connection. Tow Operators will be required to enter the towed vehicle information as
instructed by the City. At no time will a vehicle be released, subject to lien, or junked from impound without all
required data fields being entered into the DTS system by the Tow Operator. The Tow Operator shall clearly
identify and enter into DTS the name of the person to whom the vehicle was actually released All City tow
requests shall be made utilizing this program. Failure at any time to have the DTS program in full operation shall
cause the immediate removal of the Tow Operator from the tow rotation and be grounds for immediate
termination by City. Tow Operator must enter into a separate agreement, or license for the DTS software
program with the owner of that proprietary software. The City shall not provide the DTS software program, any
licensing or sub-licensing thereof or any intermediary services for the procurement by Tow Operator of the DTS
software program. This Agreement shall not be executed by the City until Tow Operator has demonstrated to
the City's satisfaction compliance with the requirements set forth herein. Tow Operator shall be liable for all
fees, charges, prices, rates and service charges required from DTS. DTS shall be utilized in "real time" and all
entries should reflect as such. lnvoices shall be used from DTS when releasing vehicles and be pursuant to
section 22651.07 of the CVC. The only Tow Operator personnel authorized to utilize and access DTS are those
that have fully complied with the provisions set forth in Section 12, "Tow Operator Personnel" of this Agreement.
lf the Tow Operator is not in FULL compliance with the above stated requirement, the Tow Operator will be
removed from the City towing rotation. ln the event that DTS fails to provide software services, or the City elects
to utilize a new software provider, the Tow Operator will be required to use the replacement towing software
system. lf that occurs, all references to DTS in this Agreement shall instead be interpreted as references to the
new software program.
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11. Official Notification bv Citv Reqardinq Tow
Official notification by City regarding tow services is considered any form of written, email, verbal instructions or
notifications received from an authorized City employee or electronic notice from the DTS program. lf the Tow
Operator receives verbal instructions or notifications from a City employee the Tow Operator must respond to
City, by 5:00 p.m. (PST) on the next business day.
12. Tow Operator Personnel
A.) Conduct
The Tow Operator shall perform the services required of it in an ethical, orderly manner, endeavoring to
obtain and keep the confidence of the public. At no time will the Tow Operator or its agent or any
employee of the Tow Operator exhibit any of the following behavior: rudeness, or othenruise being
uncooperative, argumentative, threatening, incompetent or acting in a dangerous manner with any City
employee, or with any member of the public. The City reserves the right to cancel an individual tow
assignment, if in the opinion of the City, the Tow Operator is acting in a rude, uncooperative,
argumentative, threatening, incompetent or dangerous manner. The City also reserves the right to cancel
an individual tow assignment if in the opinion of the City the Tow Operator is likely to damage the vehicle
for which the tow service was called. Other examples of unacceptable behavior include but are not limitedto. profanity, abusive language, disconnecting telephone calls for public inquiries regarding a tow,
threatening, aggressive, or assertive language, failure to provide timely information or documents in
response to a public or City inquiry, lack of respect to any City personnel or member of the public,
destruction or damaging of evidence, failure to comply with the reasonable request of a member of the
public, failure to release vehicle in a timely manner, failure to make appointment for release of vehicle
during evening or weekend hours, failure to promptly be on site at time of appointment for release of
vehicle during evening or weekend hours, impeding an investigation or any other conduct which the City
deems unprofessional.
lf the Tow Operator is found to be in violation of this conduct clause, the City will cancel the Tow Operator
and request the next Tow Operator in rotation. Any such behavior as set forth above shall be considereda material breach of this Agreement and may be grounds for immediate suspension or immediate
termination by the City, without penalty.
B.) PersonnelAppearance
Tow Operators shall be required to furnish their employees with a distinctive company uniform. Each
uniform shall have the firm's name, as well as the employee's name, in a conspicuous place. The tow
company's name and driver's first name shall be clearly visible at all times, meaning that protective or
inclement weather outer garments must meet this standard. Each employee shall have sufficient uniforms
so as to maintain a neat, clean appearance at all times. Minimum requirements for uniforms include a
shirt, long pants, and appropriate safety shoes. All drivers shall be in uniform before any towing or service
operation begins. No wording, designs, photos, gestures, or anything that could be considered offensive
or obscene to the general public shall be displayed by the Tow Operators or on any part of the uniform.
Dress standards are required in order to project a professional and positive image to the public.
All employees must be neat, clean and well groomed in appearance. ln order to ensure a professional
appearance, all tattoos must be concealed by operators while working. Personnel will be required to
conceal any tattoos with gloves, collars, long sleeves, or by other means acceptable to the City. Facial
tattoos of any variety are not permitted No facial piercings shall be worn while on duty.
Drivers shall wear safety vests or reflectorized clothing that conforms to Occupational Safety and Health
Administration (OSHA) requirements. Alternatively, the OSHA safety requirements may be incorporated
into the uniform, jacket, or rain gear, as long as these items are worn as the outermost garment.
C.) UnlawfulActivitv
The Tow Operator or it's employees shall not be involved, nor shall the Tow Operator or its employees
become involved in any agreement or activity whether verbal, written or conveyed in any other manner,
any activity or business venture which may be construed as unlawful. lf the City deems the involvement
to be unlawful, the City may immediately terminate this Agreement.
The Tow Operator shall not provide any direct or indirect commission, gift or any compensation to any
person or public or private entity, in consideration of arranging or requesting the services of a tow truck as
provided in section 12110 of the CVC.
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No Tow Operator will be involved or solicit any compensation of any kind including but not limited to
involvement with any other company or business that might result in income or consideration as a result of
any activity initiated by the City.
An example of such a prohibited involvement could include but is not limited to: financial reimbursement
by auto-body repair business for referrals, or towing directly from the scene of a collision to the auto-body
shop without prior unsolicited approval or request by the registered owner, driver or insurance company
representative of the damaged vehicle; kickback to or from a security company or homeowner's
association for "finding" or towing a vehicle from a location, whether private property, public, off street
parking facility or a public roadway. Violation of this provision shall be grounds for immediate termination
by City, without penalty.
D.) Personnel Licenses
Tow Operators providing services under this Agreement, including tow truck drivers, dispatchers and other
office personnel, will have sufficient knowledge, experience and capability to ensure safe and proper
discharge of their service responsibilities. lt will be the responsibility of the Tow Operator to ensure that all
of its personnel will be properly licensed in accordance with sections 12500, 12520, and 12804.9 of the
CVC. All tow truck drivers and tow truck operators shall be enrolled in the "Pull Notice" program as defined
in CVC sectionlS0S 1 et seq.. Drivers must complete a CHP approved Tow Operator Course every five
(5) years and copies of completion of the course shall be sent to the City. All Tow Operators and
personnel shall have no criminal record which would preclude them from being placed in a position of trust
while in the service of a law enforcement agency or any crime listed below under the heading of "Criminal
Record."
E.) Fingerprints
All owners and employees who have not previously submitted their "LiveScan" fingerprint samples shall
submit their "LiveScan" fingerprint samples, at their own expense, through the City prior to being awarded
this Agreement, for the purposes of verifying their criminal history with the Department of Justice
Failure to provide information regarding the identity of the owner, employee, or anyone else with a
financial interest in the Tow Operator will result in termination of this Agreement. The Tow Operator will
provide the City with information regarding any change in employee status immediately and update DTS
to reflect such changes. Failure to comply may result in further disciplinary action, and will be considered
a breach of this Agreement.
After execution of this Agreement, no person shall be employed by the Tow Operator or perform any
service under this Agreement until the background record check and "LiveScan" is completed and
approved by the City and said employee has received their identification badge from the City.
Notwithstanding the foregoing, Tow Operators and owners that have towed for the City under the previous
Tow Service Agreement and have completed a new background and "LiveScan" check will be allowed to
continue to tow for the City until such time as the results of the background and "LiveScan" submissions
are reviewed and approved by the City.
Any employee of the Tow Operator that has left employment with said Tow Operator and returned and
been rehired must complete an additional background check before performing services pursuant to this
Agreement
F.) Criminal Record
A conviction of anyone with a financial interest in the Tow Operator, or any employee of the Tow Operator,
including but not limited to any of the following offenses, may be cause for denial of application or
termination of this Agreement:
. Any crimes listed in California Penal Code section 290. DUI-Within 5 years of the Date of Fingerprintingo Vehicle theft. Fraud. Stolen Property. Crimes of Violence. Any felony crime relating to narcotics or any controlled substance. Any other crimes enumerated in CVC section 2432.3
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. Actively on parole or on any form of probation
. Crime of moral turpitude
. Sex, Arson, Narcotics Registrant. Other felony conviction
The City is not required to provide any reason, rationale or factual information in the event it elects to deny
application or remove any of Tow Operator's personnel from providing services for the City under this
Agreement. Tow driver or employee applicants denied under this section may appeal to the Chief of
Police or his/her designee. All decisions by the Chief of Police, or his/her designee, are final.
ln the event the Tow Operator or employee is convicted or is under investigation, the Tow Operator may
be given the opportunity to replace that employee without prejudice to the Agreement. Nothing shall
prohibit the City from removing, suspending or terminating the Agreement. lt will be the responsibility of
the Tow Operator to provide the City with updated information regarding any illegal activity, arrest(s) or
conviction of any Tow Operator and/or employee. For the purpose of this section, any conviction or plea
of guilty or nolo contendre, even to any lesser-included offense, are considered convictions. Failure to
provide information regarding the identity of the employee, or anyone else with a financial interest in the
Tow Operator will result in termination of the Agreement. Failure to provide information to the City of any
information regarding the conviction of any of the above crimes may also result in termination of the
Agreement.
G.) ldentificationBadges
Each tow truck driver or employee of the Tow Operator shall wear, in plain view an identification badge,
authorized and issued by the City to that employee, while on any call for service where the City is
involved. lf a tow truck driver responds to a scene without his authorized name badge, the tow truck
driver will be dismissed from the scene and the next Tow Operator in rotation will be called. Failure to
carry an identification badge will be considered a violation as stated in Section 31, "Disciplinary Action," of
this Agreement. The purpose of these badges will be to identify those employees of the Tow Operator
who have been fingerprinted by the City and have passed the record check by the Department of Justice
All identification badges are the property of the City and will be returned by the Tow Operator to the City
within forty-eight (48) hours of an employee's separation. Tow Operator will provide a current list of all
staff including drivers, dispatchers, etc. Anytime there are any changes to this list, the City is to be notified
by the next business day and provided with an updated and current list.
13. Tow Operator Licensinq and Certification
All licensing and certifications required by Federal, State and local authorities shall be maintained current and
valid at all times as required in CVC sections: 34507 5, 34600 et seq, 34620, and 12111, and sections 7231 el
seq, of the California Revenue and Taxation code. Failure to have any required license or certification, including
any driver who fails to have an appropriate class of license, may be grounds for immediate termination by City
without penalty
14. Inspection
All real property and improvements thereon, and all vehicle facilities, equipment and materials used by the Tow
Operator in the performance of the services required herein shall be open to inspection by the City or its
authorized representative, and will be subject to no less than one annual inspection. Additional inspections may
be conducted without notice during normal business hours. lnspections may include, but are not limited to, all
books, accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose of auditing
or inspecting any aspect of performance directly related to this Agreement. ln the event that the City determines
that the real property and improvements thereon are insufficient, derelict or fail to meet the requirements as
called out in this Agreement, this Agreement may be terminated by City immediately, without penalty.
15. Vehicle and Equipment Requirements
Tow vehicles will be maintained in compliance with sections 24605, 25253, 25300, 27700 and 27907 of the
CVC. Tow vehicles will be of at least '14,000 lbs. GVWR with dual rear wheels, with the ability to tow two (2)
vehicles, or a vehicle and/or a trailer. Tow vehicles must have two-way communication capabilities and the
ability to communicate and connect with the DTS System at all times. The Tow Operator shall have equipment
capable of towing from off-road areas, towing from underground facilities, and recovery services with an
adjustable boom with at least five tons of lifting capacity. ln addition to the conventional wheel lift towing
capabilities, the Tow Operator shall maintain at least one or more flatbed or rollback trucks with a minimum of
fifty (50) feet of cable, and the required safety equipment. Unless othenruise specified by the City, all Tow
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Operators shall respond to a tow service request with a flatbed or rollback truck as specified above. At the
discretion of the tow operator, a wrecker may be used to respond to a tow service request. lf for any reason the
Tow Operator is unable to complete the tow service request with the wrecker, the Tow Operator will not be
placed back on the top of the rotation list and a new Tow Operator will receive the tow service request.
A 3-axle or 25-ton truck is not required equipment. However, Tow Operators that possess this equipment will be
placed on a heavy-duty tow rotation list.
All trucks must have the required emergency lighting, portable stop and tail lamps, a broom, shovel, fire
extinguisher (rating 4-8, C), a utility light, reflective triangles, a large pry-bar, covered trash cans with approved
absorbent, rags, unlocking equipment, dollies (boom trucks), chains, and/or tie downs.
Wheel lift trucks will maintain at least 100 feet of cable and all safety equipment as required by the
manufacturer.
Tow vehicles must have a cable winch of sufficient size and capacity to retrieve vehicles that have gone off
traveled portions of roadways into inundated areas or other inaccessible locations. Winches must have visible
lD tags designating the model, make, serial number, and rated capacity.
All tow trucks used in City tows will be subject to a yearly inspection. This does not preclude the City from
conducting random inspections throughout the year
16. Vehicleldentification
Tow vehicles shall display identiflcation signs in compliance with section 27907 of the CVC. The Tow Operator
shall not display any sign or advertising material that indicates that his tow vehicles are an official police service
of the City.
17. Charqes and Fees to be collected from Reqistered Owners
All rates and charges shall be conspicuously posted in the office and in all tow vehicles. These rates shall quote
complete charges and fees with no additional fees to be added at a later date. These rates will be available for
review by City personnel and/or the person for whom tow service is provided. All fees collected shall be itemized
and invoiced in DTS in accordance to section 22651.07 of the CVC. lt will be the Tow Operator's responsibility
to collect his bill for service, and the City will not be responsible in any way for these charges Storage fees will
be calculated on the calendar day except the fÌrst 24-hours which is counted as a single day in accordance with
California Civil Code (CCC) 3068.1 (see Attachment B). Allfees listed on the DTS invoice will be received in the
form of major credit card, debit card, or cash. All fees collected, both City and Tow Operator fees, must be
invoiced through the DTS system prior to release and at the time of payment. No credit card fees will be
charged pursuant to CVC section 22651.1 and CCC section 1748.1 for any portion of the fees The City
reserves the right to change all payment methods during the term of this agreement.
18. Lien Fees
At no time shall the City be charged a lien fee on a towed or impounded vehicle No lien shall be attached to
any vehicle that has been impounded by the City until after seventy-two (72) hours from the time of storage as
listed in the DTS system have passed pursuantto section 22851.12 of the CVC. All lien transactions must be
entered into the DTS system by Tow Operator. Vehicles sold at lien sale shall abide by all laws relating to lien
sales. A vehicle held in impound by the City for thirty (30) days, shall not be sold at lien until such time as is
considered reasonable to allow the registered owner time to pay for and pick up the vehicle before it is sold at
lien, but under no circumstances before the thirty-fifth (35'n) day after storage.
The Tow Operator shall abide by all applicable statutes and ordinances concerning disposal of unclaimed
vehicles, including but not necessarily limited to CVC sections 22670; 22851, 22851.1', 22851.2', 228513',
2285 1 .4; 2285 1 .6; 22851 .8', 2285 1 . 1 0, 2285 1 . 1 2 and 22852.5.
As described in CVC section 22856, liability for despoliation of evidence shall not arise against the Tow
Operator that sells any vehicle at, or disposes of any vehicle after, a lien sale, as long as the Tow Operator can
show written proof that he was notified in writing by the City that the vehicle would not be needed as evidence in
a legal action This proof may exist in the form of an official release in the DTS System or any other written
conveyance signed by a member of the City prior to the official, written release of the vehicle.
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19. Reasonableness and Validitv of Fees
Fees charged to the registered owner or any other person for response to calls originating from the City shall be
reasonable and not in excess of those rates charged for similar services provided in response to requests
initiated by any other public agency or private person. During the term of this agreement, the City shall conduct
an annual review each December of towing and storage fees of comparable cities and adjust rates set forth in
Attachment B by the first week of January of the following year.
20. Towinq Operation
All tows performed under this Agreement will be included in the flat rate charge as described in Attachment B.
No additional charges shall be charged without prior approval from the City and written notice is provided in the
DTS System. Any unapproved charges received outside the DTS System will result in immediate termination of
this Agreement and removal from the rotation list.
The Tow Operator shall base towing charges upon the class of vehicle being towed regardless of the class of
the truck used, except when vehicle recovery operations require a larger class truck. The Tow Operator may
refer to the tow truck classes and weight ratings as defined by the Towing & Recovery Association of America
(TRAA) vehicle identification guide.
21. Service CallRotation and Fees
The City shall establish a separate rotation list for Tow Operators willing to respond to service requests (out of
gas, lockouts, tire changes, etc.) Rates for a service requests shall not exceed one-half the flat rate charge for a
light duty truck response
22. Gate Fees
No gate fees may be charged between B:00 a.m. through 5:00 p.m. Monday through Friday, excluding State
recognized holidays as listed below:
New Year's Day
Martin Luther King Day
Presidents'Day
Cesar Chavez Day
Memorial Day
lndependence Day
Labor Day
Veterans'Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
An after hours gate fee may be charged at all other times. The gate fee is not to exceed fifty percent (50%) of
the flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal
property recovery that occurs outside normal business hours (excluding lien fees, storage fees, taxes, or other
additional fees.) The Tow Operator is responsible for assuring that proper gate fees are charged in accordance
with this section. Over charging gate fees will be considered a major violation as outlined in Section 30
All towing and storage fees charged by the Tow Operator are the responsibility of the vehicle's owner and are
not the responsibility of the City. The exception would be evidentiary impounds made at the direction of City
personnel.
23. Cancelled Tow
The City shall not be liable to pay the Tow Operator or anyone else any charge or other fee for a call that does
not result in a chargeable service being rendered by Tow Operator ("Dry Run"). The cancelled Tow Operator
shall be placed back on the top of the rotation list and will receive the next tow in rotation.
24. Towed in Error
ln the event the City determines that an error has occurred in impounding a vehicle, it shall be immediately
released to the registered owner without charge and the Tow Operator will be placed back on the top of the
rotation list and will receive the next tow in rotation. ln addition, the Tow Operator will be given one extra tows
on the rotation list. Additional extra tows may be given at the discretion of the Tow Unit.
25. Release Fees
California law authorizes the recovery of funds required to enforce certain provisions of the CVC and promote
traffic safety on public roadways. This authorization falls under CVC section 22850.5 and further authorized by
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City resolutions. These resolutions are open to public view at the City and/or City offices and are on file with the
City's Traffic Bureau. The Tow Operator will collect fees on the behalf of the City from the registered owner,
legal owner or agent of an impounded car
A City administrative / franchise fee will be charged for the release of a vehicle that has been impounded by the
City. Fees will be established by an independent consulting firm to determine the City's costs associated with
impounding vehicles in accordance with CVC sections 22850.5 and 12110(b). All vehicles impounded will be
charged an administrative / franchise fee for the release of the vehicle. This fee will be established and attached
to each vehicle in the DTS System. The City's administrative fees will be collected at the time of the release by
the Tow Operator. The Tow Operator will pay the City's franchise fees equivalent to the City's administrative
fees for every vehicle that is not picked up by the owner or agent. The Tow Operator will pay the City's
administrative / franchise fees for every^City vehicle that was towed during the preceding month and will pay the
City no later than 12...00 p.m. on the 15"'of the following month, regardless of the disposition of the vehicle. ln
the event that the 15" of the month falls on one of the State recognized holidays listed in Section 22 above, or a
weekend, the City's administrative/franchise fee must be paid by 12.00 p.m. on the following business day. Tow
Operators who fail to submit the City's administrative / franchise fees to the City by the 15'n day of each month
will be immediately suspended from rotation until all fees are received, and will be subject to appropriate
disciplinary action and civil recourse. The City will keep a strict accounting of these fees through the DTS
System and frequent audits will take place to ensure accurate and timely payment of collected City
administrative / franchise fees. The fee will be listed as an item on the owner's / agent's DTS contractor invoice.
26. UnauthorizedRelease
Unauthorized release of an impounded vehicle, accidental or othen¡vise, having evidentiary value, not officially
released by the City, and determined to be the fault of the Tow Operator, will result in the issuance of a major
violation as set forth in this Agreement. The determination of such fault will be the responsibility of the City.
27. Release of Multi-Dav lmpounds
A vehicle impounded with a multiple day hold may only be released prior to the impound period with written
authorization by the City in the DTS System. The DTS System will automatically schedule the release of an
impounded vehicle.
28. Release of Vehicles
Vehicles may only be released through the DTS System. Once the DTS System authorizes the release of a
stored or impounded vehicle, it is the Tow Operator's responsibility for the vehicle's release. The Tow Operator
is hereby granted authority to release to the registered owner, legal owner, or authorized representative,
pursuant to section 22850.3 of the CVC. At the time of release, the Tow Operator shall have the registered
owner, legal owner, or authorized representative taking possession of the vehicle sign a release indicating that
they are properly licensed and insured to drive a motor vehicle.
29. DisciplinarvAction
The Chief of Police, or his/her designee, shall take disciplinary action against Tow Operators for violations
investigated and sustained. Unless otheruvise noted, the Chief of Police, or his/her designee, will determine the
period of suspension and shall retain discretion regarding the length of any suspension imposed pursuant to the
terms and conditions of this Agreement. The City shall retain record of violations for at least the term of this
Agreement.
30. Maior violations
Major violations include any chargeable offense under Federal, State, Local Law and significant violations of this
Agreement. Such violations shall result in suspension or immediate termination of this Agreement. The Chief of
Police, or his/her designee, reserves the right to impose longer periods of suspensions or immediate
termination, if deemed appropriate in his/her sole discretion. The Chief of Police, or his/her designee, reserves
the right to remove a Tow Operator from the tow rotation during the investigation of a major violation. A
reinstatement from suspension for a major violation will result in a five hundred dollar ($500.00) fee. Suspension
will not be lifted until the reinstatement fee is received by the Chief of Police or his/her designee. ln addition, a
major violation may also result in the Tow Operator's employee being removed from participation in this
Agreement. Examples of major violations include, but are not limited to:
. Physical assault, against public and/or law enforcement. Verbal abuse against public and/or law enforcement. Resisting arrest. Tow Truck Driver under the influence of alcohol or illegal drugs
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. Charg¡ng rates that exceed those listed in Attachment B. Vehicle released without authorization. Unauthorized access to storage yard
. Theft. Mishandling of vehicles stored as evidence¡ Unauthorized driver responding to call
o Failure to provide information or change of status on any Tow Operator employee or staff. Substantiated private party impound complaints
. Any Felony/Misdemeanor arresto Refusalto take a rotational tow. Failure to utilize the DTS System for all City towing related matters
. Repeated late or nonpayment of City franchise fees
o Failure to properly secure storage yard
. Failure to obey a lawful order by law enforcement
31. Minor violations
Minor violations will be given to the Tow Operator in the form of a documented warning for the first violation. The
second violation will be in the form of a documented reprimanded and a one hundred dollar ($100.00) fine.
Repeated minor violations during the term of the Agreement may be treated as a major violation, and the Tow
Operator will be suspended or terminated from this Agreement. A reinstatement from suspension will result in a
five hundred dollar ($500.00) fee. Suspension will not be lifted until the reinstatement fee is received by the
Chief of Police or his/her designee. Examples of minor violations include, but are not limited to:
. Late payment of City franchise fees. Tow truck drivers not wearing City issued l.D. cards/ proper uniform. Unauthorized arrival time in excess of thirty (30) minutes, or forty-five (45) minutes during peak hours. Repeated rejection of dispatched calls
. Other violations of this Agreement not considered a major violation by the Chief of Police or his/her
designee
¡ Unauthorizedride-a-long. Failure to respond to customers' needs
¡ Failure to maintain proper equipment
. Failure to clean up at a collision scene. Vehicle code infractions
32. Hearinq/Apoeal
Tow Operator must have a legal existing interest in the tow operation or entitlement subject to the City order,
citation, decision or determination to have standing to appeal a decision by the Chief of Police or his/her
designee. An appeal that fails to identify the appellant's standing may be rejected as defective.
ln the event FPD serves Tow Operator with disciplinary action amounting to anything less than a suspension
resulting from a minor violation, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow Unit.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension for thirty (30) days or
less resulting from a minor or major violation, the Tow Operator may request a hearing within fifteen (15)
calendar days by submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow
Unit. Upon receipt of a written request for an appeal, and at the discretion of the Chief of Police, or his/her
designee, the Tow Operator may be allowed to continue rotational tows until the final disposition of the appellate
hearing.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension in excess of thirty (30)
days, or termination of the TSA, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Administrative Hearing Officer by way of the City Manager's Office The
written appeal shall be in compliance with FMCsectionsl-407 and 9-1712. Notwithstanding any provision
within Chapter '1, Article 4 of the FMC, any person who appeals a suspension in excess of thirty (30) days, or a
termination of the TSA shall not be entitled to placement on the Tow Rotation List or to participate in tows until
such time as any appeal hearing has been concluded and the Administrative Hearing Officer finds that no
grounds for a suspension in excess of thirty (30) days, or a termination of the TSA has been established. Tow
Operator's remedy shall be limited to reinstatement on the tow rotation list in such case and no other
compensation or consideration will be allowed.
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ATTACHMENT B
TOW FEES
Flat price per vehicle per call:
Light Duty Tow/Flatbed $ '184.00/Each
Medium Duty Tow $ Average CHP Rates Apply
Heavy Duty Tow $ Average CHP Rates Apply
Water Recovery: $ Average CHP Rates Apply
Technoloqv Fee:
DTS Software Fee per Vehicle Towed $ Charge listed in DTS Contract and DTS System
Storaqe Rates:
Passenger cars $ 45.00/per day
Motorcycles $ 45.00/per day
Trucks or Trailers $ Average CHP Rates Apply
lnside Storaqe Rates:
Passenger cars $ 55.00/per day
Motorcycles $ 55.00/per day
Trucks or Trailers $ Average CHP Rates Apply
Gate Fee: No gate fees may be charged between 8:00 a.m. through 5:00 p.m Monday through Friday, excluding
State recognized holidays as listed in the Agreement.
An after hours gate fee may be charged at all other times. The gate fee shall not exceed fifty percent (50%) of the
flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal property
recovery that occur outside normal business hours (excluding lien fees, storage fees, taxes, or other additional
fees).
Non-tow service calls (out of gas, lockouts, and flat tires) shall not exceed one-half the flat rate charge for a light
duty truck response.
City of Fresno Administrative / Franchise Fees:
Vehicle Collision Blocking a Roadway $ 60.00
lllegally Parked / Abandoned Vehicle $116.00
Unlicensed Driver / Expired Registration $189.00
Arrested / Suspended Driver $266.00
DUI Driver $450.00
All fees listed on the DTS invoice will be received in the form of major credit card, debit card or cash. No
credit card fee will be charged pursuant to CVC section 22651.1 and CCC section 1748.1.
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CITY OF FRESNO
NON.EXCLUSIVE FRANCHISE TOW AGREEMENT
FOR FRESNO POLICE DEPARTMENT
This Non-exclusive Franchise Tow Agreement (TSA) is entered into effect on the 28th day of December 2014 set
forth below, at Fresno, California, between the City of Fresno, a municipal corporation (City) and Ace Towing, a
sole proprietorship (the Tow Operator).
This Agreement, including all attachments, contains rules and regulations that a tow company agrees to comply
with in order to participate in the tow operations of the City of Fresno Police Department (FPD). Participation in
the FPD Rotation Tow Program (Tow Program) is voluntary. Compliance with all of the terms and conditions of
the Agreement is mandatory for tow companies participating in the Tow Program. A Tow Operator, by agreeing
to participate in the Tow Program, is not acting as an agent for FPD or City when performing services under this
Agreement.
1. Governinq Law and Venue
This Agreement shall be governed by, and construed enforced in accordance with, the laws of the State of
California excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue
for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any
rights and duties hereunder shall be the County of Fresno, California.
2. Entire Aqreement
This Agreement, its attachments and exhibits, when accepted by the Tow Operator either in writing or
commencement of performance hereunder, contains the entire Agreement between the parties with respect to
the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth
herein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by
City in writing.
3. Amendments
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the
parlies; no oral understanding or agreement not incorporated herein shall be binding on either of the parties;
and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in
writing.
4. Assiqnment or Sub Contractinq
The terms, covenants, and conditions contained herein shall apply to the parties. Furthermore, neither the
performance of this Agreement nor any portion thereof may be assigned or subcontracted by Tow Operator
without the express written consent of City. Any attempt by Tow Operator to assign or subcontract the
performance or any portion of this Agreement without the express written consent of City shall be invalid and
shall constitute a breach of this Agreement.
5. PatenUCopvriqht Materials/Proprietarv lnfrinqement
Unless othenvise expressly provided in this Agreement, Tow Operator shall be solely responsible for obtaining a
license or other authorization to use any patented or copyrighted materials in the performance of this
Agreement. Tow Operator warrants that any Software as modified through services provided hereunder will not
infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Tow Operator
agrees that, in accordance with the more specific requirement below, it shall indemnify, defend and hold City
and City lndemnitees harmless from any and all such claims and be responsible for payment of all costs,
damages, penalties and expenses related to or arising from such claim(s), including, but not limited to,
attorney's fees, costs and expenses.
6. Non-Discrimination
ln the performance of this Agreement, Tow Operator agrees that it will comply with the requirements of section
1735 of the California Labor Code and not engage nor permit any Tow Operators to engage in discrimination in
employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, marital status, or sex of such persons. Tow Operator acknowledges that a
violation of this provision shall subject Tow Operator to all the penalties imposed for a violation of anti-
discrimination law or regulation, including but not limited to, section 1720 et seq. of the California Labor Code.
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7. Termination
ln addition to any other remedies or rights it may have by law, City has the right to terminate this Agreement
without penalty immediately with cause and either party may terminate after thirty (30) days written notice
without cause, unless otherwise specified. Cause shall be defined as any breach of this Agreement or any
misrepresentation or fraud on the part of the Tow Operator. Exercise by City of its right to terminate the
Agreement shall relieve City of all further obligation.
8. Gonsent to Breach Not Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or
consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any
party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver
of, or excuse for any other different or subsequent breach.
9. Remedies Not Exclusive
The remedies for breach set forth in this Agreement are cumulative as to one another and as to any other
provided by law, rather than exclusive; and the expression of certain remedies in this Agreement does not
preclude resort by either party to any other remedies provided by law.
10. lndependent Tow Operator
Tow Operator shall be considered an independent Tow Operator and neither Tow Operator, its employees nor
anyone working under Tow Operator shall be considered an agent or an employee of City. Neither Tow
Operator, its employees nor anyone working under Tow Operator, shall qualify for workers' compensation or
other fringe benefits of any kind through City.
11. Performance
Tow Operator shall perform all work under this Agreement, taking necessary steps and precautions to perform
the work to City's satisfaction. Tow Operator shall be responsible for the professional quality, technical
assurance, timely completion, and coordination of all documentation and other goods/services furnished by Tow
Operator under this Agreement. Tow Operator shall: perform all work diligently, carefully, and in a good and
workman-like manner; furnish all labor, supervision, machinery, equipment, materials, and supplies necessary
therefore; at its sole expense obtain and maintain all permits and licenses required by public authorities,
including those of City required in its governmental capacity, in connection with performance of the work; and, if
permitted to subcontract, be fully responsible for all work performed by sub-Tow Operators.
12. lndemnification
A) Tow Operator shall indemnify, hold harmless and defend City and each of its officers, officials,
employees, agents and authorized volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to
personal injury, death at any time and property damage) incurred by City, Tow Operator, or any
other person, and from any and all claims, demands and actions in law or equity (including
attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of
performance of this Agreement. Tow Operator's obligations under the preceding sentence shall
apply regardless of whether City or any of its officers, officials, employees, agents or authorized
volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or
damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any
of its officers, officials, employees, agents or authorized volunteers.
B) lf Tow Operator should subcontract all or any portion of the work to be performed under this
Agreement, Tow Operator shall require each subcontractor to indemnify, hold harmless and defend
City and each of its officers, officials, employees, agents and authorized volunteers in accordance
with the terms of the preceding paragraph.
C) This section shall survive termination or expiration of this Agreement.
13. lnsurance
A) Throughout the life of this Agreement, Tow Operator shall pay for and maintain in full force and
effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted
by the California lnsurance Commissioner to do business in the State of California and rated not
less than 'A-Vll" in Best's lnsurance Rating Guide, or (ii) authorized by City's Risk Manager. The
following policies of insurance are required:
2
5)
B)
1) COMMERCIAL GENERAL LIABILITY insurance which shall be on the most current version of
lnsurance Services Office (lSO) Commercial General Liability Coverage Form CG 00 01 and
include insurance for "bodily injury," "property damage" and "personal and advertising injury"
with coverage for premises and operations, products and completed operations, and
contractual liability (including, without limitation, indemnity obligations under the Agreement)
with limits of liability of not less than $1,000,000 per occurrence for bodily injury and property
damage, $1,000,000 per occurrence for personal and advertising injury and $2,000,000
aggregate for products and completed operations and $2,000,000 general aggregate.
2) GARAGEKEEPERS LEGAL LIABILITY insurance which shall include coverage for vehicles in
the care, custody, and control of the Tow Operator with limits of liability of not less than
$120,000 per occurrence for property damage.
3) COMMERCIAL AUTOMOBILE LlABlLlry insurance which shall be on the most current
version of lnsurance Service Office (lSO) Business Auto Coverage Form CA 00 01, and
include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles
(Code 1- Any Auto) with limits of not less than $1,000,000 per accident for bodily injury and
property damage.
4) ON-HOOIICARGO insurance which shall include coverage for vehicles in tow with limits of
liability based on the size of the tow truck, which are as follows:
a) Class A/B tow truck.. .. ...$120,000
b) Class C tow truck... ...$200,000
c) Class D tow truck... ...$300,000
WORKERS' COMPENSATION insurance as required under the California Labor Code and
EMPLOYERS'LIABILITY insurance with minimum limits of $1,000,000 each accident, $1,000,000
disease policy limit and $1,000,000 disease each employee.
Tow Operator shall be responsible for payment of any deductibles contained in any insurance
policies required hereunder and Tow Operator shall also be responsible for payment of any self-
insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate
of lnsurance and approved by the City's Risk Manager or his/her designee. At the option of the
City's Risk Manager, or his/her designee, either:
1) The insurer shall reduce or eliminate such deductibles or self-¡nsured retention as
respects City, its officers, officials, employees, agents and volunteers; or
2) Tow Operation shall provide a financial guarantee, satisfactory to City's Risk Manager, or
his/her designee, guaranteeing payment of losses and related investigations, claim
administration and defense expenses. At no time shall City be responsible for the payment of
any deductibles or self-insured retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30)
calendar days written notice in favor of City of policy cancellation, change or reduction of coverage,
except for the Workers'Compensation policy which shall provide ten (10) calendar days written
notice of such cancellation, change or reduction of coverage. ln the event any policies are due to
expire during the term of this Agreement, Tow Operator shall provide a new certificate and all
applicable endorsements evidencing renewal of such policy prior to the expiration date of the
expiring policy(ies) to the Chief of Police, or his/her designee, and the City's Risk Division. Upon
issuance by the insurer, broker, or agent of a notice of cancellation, change or reduction in
coverage, Tow Operator shall file with the Chief of Police, or his/her designee, and the City's Risk
Division, a new certificate and all applicable endorsements for such policy(ies).
The General Liability, Automobile Liability and Garagekeepers Legal Liability insurance policies
shall be written on an occurrence form and shall name City, its officers, officials, agents, employees
and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Tow
Operator's insurance shall be primary with respect to the City, its officers, officials, employees,
agents and authorized volunteers with no contribution required of City. Any Workers' Compensation
insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents,
c)
D)
3
employees and authorized volunteers. Tow Operator shall have furnished City with the certificate(s)
and applicable endorsements for ALL required insurance prior to City's execution of the Agreement.
E) The fact that insurance is obtained by Tow Operator shall not be deemed to release or diminish the
liability of Tow Operator, including, without limitation, liability under the indemnity provisions of this
Agreement. City shall apply to all claims and liability regardless of whether any insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by Tow Operator. Approval or purchase of any insurance contracts or policies shall in no
way relieve from liability nor limit the liability of Tow Operator, its principals, officers, agents,
employees, persons under the supervision of Tow Operator, vendors, suppliers, invitees,
consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of
them.
F) Upon request of City, Tow Operator shall immediately furnish City with a complete copy of any
insurance policy required under this Agreement, including all endorsements, with said copy certified
by the underuvriter to be a true and correct copy of the original policy This requirement shall survive
expiration or termination of this Agreement
G) lf at any time during the life of the Agreement or any extension, Tow Operator fails to maintain the
required insurance in full force and effect, all work under this Agreement shall be discontinued
immediately until notice is received by City that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory to City
Any failure to maintain the required insurance shall be sufficient cause for City to terminate this
Agreement.
H) lf Tow Operator should subcontract all or any portion of the work to be performed, Tow Operator
shall require each subcontractor to provide insurance protection in favor of the City, its officer,
officials, employees, agents and authorized volunteers in accordance with the terms of each of the
preceding paragraphs, except that the subcontractors certificates and endorsements shall be on file
with the Tow Operator and City prior to the commencement of any work by the subcontractor.
14. Bills and Liens
Tow Operator shall pay promptly all indebtedness for labor, materials, and equipment used in performance of
the work. Tow Operator shall not permit any lien or charge to attach to the work or the premises, but if any does
so attach, Tow Operator shall promptly procure its release and indemnify, defend, and hold City harmless and
be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related
thereto.
15. Chanqe of Control
Tow Operator agrees that if there is a change or transfer in ownership or control of the Tow Operator's business
prior to completion of this Agreement, unless such change or transfer is to "immediate family" as defined in
Fresno Municipal Code (FMC) section 3-10f (e) and approved in writing by the Chief of Police, or his/her
designee, such change or transfer shall terminate this Agreement. This includes but is not limited to changes in:
Corporate Board Members, Managers, Directors, Treasurer, Trustees, or ownership interests. All changes or
transfers to "immediate family" must be approved by the Chief of Police, or his/her designee, prior to such
change or transfer in order for the Tow Operator to remain on the tow services list. Final written approval or
disapproval for the change or transfer in ownership or control will be given by the Chief of Police or his/her
designee. All "immediate family" members involved in the potential transfer and operation of the Tow Operator
shall be required to undergo a background check, review, and "Livescan" fingerprint screening. The "immediate
family" members involved in the change or transfer of ownership or control must also possess and keep current
all licensing certificates and insurance as required in this Agreement. The "immediate family" members who will
operate or otherwise be legally responsible for the Tow Operator will be required to execute a new TSA
A) Tow Operator owners shall be directly involved in the day-to-day operations of their
business and shall not be directly involved in the towing-related business of any other tow
company on, or applicant for, the Tow Rotation List. Co-mingling of operations, business,
offices, board members, and finances is strictly prohibited.
B) lf terminated or suspended, Tow Operator and/or its owner at the time of the suspension or
termination, shall not be eligible for a rotation listing for the duration of the suspension or
termination. This section applies to the Tow Operator working in any capacity within any tow
4
business or operating any tow business and to the tow business even if operated under new
ownership.
C) Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow
Rotation List, excluding equipment which may be unavailable due to repairs or when there is a need
for equipment replacement and written approval is obtained from the Chief of Police or his/her
designee.
16. Force Maieure
Tow Operator shall not be in breach of this Agreement caused by any act of God, war, civil disorder,
employment strike or other cause beyond its reasonable control, provided Tow Operator gives written notice of
the cause of the delay to City within thirty-six (36) hours of the start of the delay and Tow Operator avails itself of
any available remedies.
17. Confidentialitv
Tow Operator agrees to maintain the confidentiality of all City and City-related records and information pursuant
to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term
of this Agreement. All such records and information shall be considered confidential and kept confidential by
Tow Operator and Tow Operator's staff, agents and employees.
18. Compliance with Laws
Tow Operator represents and warrants that services to be provided under thts Agreement shall fully comply, at
Tow Operator's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and
regulations, including, but not limited to those issued by City in its governmental capacity and all other laws
applicable to the services at the time services are provided to and accepted by City. Tow Operator
acknowledges that City is relying on Tow Operator to ensure such compliance (collectively Laws). Tow Operator
agrees that it shall defend, indemnify and hold City and City lndemnitees harmless from all liability, damages,
costs, and expenses arising from or related to a violation of Laws.
19. Pricinq
The Agreement price shall include full compensation for providing all required services in accordance with the
Scope of Work attached to this Agreement, and no additional compensation will be allowed therefore, unless
othenruise provided for in this Agreement. Tow Operator shall pay the City Franchise Fees as listed in
Attachment "8", or "City Administrative / Franchise Fees", in accordance with Paragraph 25 of Attachment "4".
20. Terms and Conditions
Tow Operator acknowledges that the undersigned has read and agrees to all terms and conditions included in
this Agreement.
21. Severabilitv
lf any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired or invalidated thereby.
22. Calendar Davs
Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless
otherwise expressly provided.
23. Attornev Fees
lf either party is required to commence any proceeding or legal action to enforce any term, covenant or condition
of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other
party its reasonable Attorney's fees and legal expenses
24. lnterpretation
This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in
the matters dealt with in this Agreement. ln addition, each party has been represented by experienced and
knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel
despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have
not been influenced to any extent whatsoever in executing this Agreement by any other party hereto or by any
person representing them, or both. Accordingly, any rule or law (including California Civil Code section '1654) or
legal decision that would require interpretation of any ambiguities in this Agreement against the party that has
5
drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable
manner to affect the purpose of the parties and this Agreement.
25. Authoritv
The parties to this Agreement represent and warrant that this Agreement has been duly authorized and
executed and constitute the legally binding obligation of their respective organization or entity, enforceable in
accordance with its terms.
26. Emplovee Eliqibilitv Verification
Tow Operator warrants that it fully complies with all Federal and State statutes and regulations regarding the
employment of aliens and others and that all its employees performing work under this Agreement meet the
citizenship or alien status requirement set forth in Federal statutes and regulations. Tow Operator shall obtain,
from all employees performing work hereunder, all verification and other documentation of employment eligibility
status required by Federal or State statutes and regulations including, but not limited to, the lmmigration Reform
and Control Act of '1986, I U.S.C 51324 et seq., as they currently exist and as they may be hereafter amended.
Tow Operator shall retain all such documentation for all covered employees for the period prescribed by the law.
Tow Operator shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its
agents, officers, and employees from employer sanctions and any other liability which may be assessed against
Tow Operator or City or both in connection with any alleged violation of any Federal or State statutes or
regulations pertaining to the eligibility for employment of any persons performing work under this Agreement.
27. Additional Terms and Conditions
A) Term of Agreement: This Agreement shall commence on December 28, 2014, and shall be
effective for three (3) years from that date, unless othen¡vise terminated by City.
B) Fiscal Appropriations: This Agreement is subject to and contingent upon applicable budgetary
appropriations being made by the City for each year during the term of this Agreement. lf such
appropriations are not forthcoming, the Agreement will be terminated without penalty. Tow
Operator acknowledges that funding or portions of funding for this Agreement may also be
contingent upon the receipt of funds from, and/or appropriation of funds by City. lf such funding
and/or appropriations are not forthcoming, or are othen¡vise limited, City may immediately terminate
or modify this Agreement without penalty.
C) Conflict of lnterest (Tow Operator): Tow Operator shall exercise reasonable care and diligence to
prevent any actions or conditions that result in a conflict with the best interest of City. This
obligation shall apply to Tow Operator, Tow Operator's employees, agents, relatives, and third
parties associated with accomplishing the work hereunder. Tow Operator's efforts shall include, but
not be limited to, establishing precautions to prevent its employees or agents from making,
receiving, providing, or offering gifts, entertainment, payments, loans, or other considerations which
could be deemed to appear to influence individuals to act contrary to the best interest of City.
D) Tow Operator Work Hours and Safety Standards: Tow Operator shall ensure compliance with all
safety and hourly requirements for employees, in accordance with federal, state, and City safety
and health regulations and laws.
E) Orderly Termination: Upon termination or other expiration of this Agreement, each party shall
promptly return to the other party all papers, materials, and other properties of the other held by
each for purposes of execution of the Agreement. ln addition, each party will assist the other Party
in orderly termination of this Agreement and the transfer of all aspects, tangible and intangible, as
may be necessary for the orderly, non-disruptive business continuation of each party.
F) Reprocurement Costs: ln the case of default by Tow Operator, City may procure the service from
other sources and, if the cost is higher, Tow Operator will be held responsible to pay City the
difference between the Agreement cost and the price paid. City may make reasonable efforts to
obtain the prevailing market price at the time such services are rendered. This is in addition to any
other remedies available under law.
G) Authorization Warranty: Tow Operator represents and warrants that the person executing this
Agreement on behalf of and for Tow Operator is an authorized agent who has actual authority to
bind Tow Operator to each and every term, condition, and obligation of this Agreement and that all
requirements of Tow Operator have been fulfilled to provide such actual authority.
b
28.
H) Notices: Any and all notices permitted or required to be given hereunder shall be deemed duly
given (1)upon actualdelivery, if delivery is by hand; or (2) upon delivery by the United States mail if
delivery is by postage paid registered or certified return receipt requested mail; or (3) through
electronic means such as, email or the Dispatch & Tracking Solutions Software System (DTS).
l) Data - Title to: All materials, documents, data or information obtained from City data files or any
City medium furnished to Tow Operator in the performance of this Agreement will at all times remain
the property of City. Such data or information may not be used or copied for direct or indirect use
by Tow Operator after completion or termination of this Agreement without the express written
consent of City. All materials, documents, data or information, including copies, must be returned to
City at the end of this Agreement.
J) Usage: No guarantee is given by City to Tow Operator regarding usage of this Agreement. Usage
figures, if provided, are approximate, based upon the last usage. Tow Operator agrees to supply
services and/or commodities requested, as needed by City, at prices listed in the Agreement,
regardless of quantity requested.
K) Tow Operator's Records: Tow Operator shall keep true and accurate accounts, records, books
and data which shall correctly reflect the business transacted by Tow Operator in accordance with
generally accepted accounting principles. These records shall be stored at the Tow Operators
principal place of business for a period of three (3) years after final payment is received by City.
L) Audits/lnspections: Tow Operator agrees to permit City's authorized representative (including
auditors from a private auditing firm hired by City) access during normal working hours to all books,
accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose
of auditing or inspecting any aspect of performance under this Agreement. The inspection and/or
audit will be confined to those matters connected with the performance of the Agreement including,
but not limited to, the costs of administering the Agreement. City reserves the right to audit and
verify Tow Operator's records before or after final payment is made.
Tow Operator agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of records retention is stipulated under this Agreement or
by law. Tow Operator agrees to allow interviews of any employees or others who might reasonably
have information related to such records. Further, Tow Operator agrees to include a similar right to
City to audit records and interview staff of any sub-Tow Operator related to performance of this
Agreement.
M) Should Tow Operator cease to exist as a legal entity, Tow Operator's records pertaining to this
Agreement shall be fon¡varded to the Chief of Police or his/her designee.
Disputes-Aqreement
A) The Parties shall deal in good faith and attempt to resolve potential disputes informally.
1) Tow Operator shall submit to the Chief of Police, or his/her designee, a written demand for a
final decision regarding the disposition of any dispute between the parties arising under,
related to, or involving this Agreement, unless City, on its own initiative, has already rendered
such a final decision.
2) Tow Operator's written demand shall be fully supported by factual information, and, if such
demand involves a cost adjustment to the Agreement, Tow Operator shall include with the
demand a written statement signed by a senior official indicating that the demand is made in
good faith, that the supporting data are accurate and complete, and that the amount
requested accurately reflects the Agreement adjustment for which Tow Operator believes City
is liable.
B) Pending the final resolution of any dispute arising under, related to, or involving this Agreement,
Tow Operator agrees to diligently proceed with the performance of this Agreement. Tow Operator's
failure to diligently proceed shall be considered a material breach of this Agreement.
C) Any final decision of City shall be expressly identified as such, shall be in writing, and shall be
signed by the City Hearing Administrative Officer, or Chief of Police, or his/her designee, as
applicable lf City fails to render a decision within ninety (90) days after receipt of Tow Operator's
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demand, it shall be deemed a fìnal decision adverse to Tow Operator's contentions. City's final
decision shall be conclusive and binding regarding the dispute unless Tow Operator commences
action in a court of competent jurisdiction.
29. Breach of Agreement
The failure of the Tow Operator to comply with any of the provisions, covenants or conditions of this Agreement
shall be a material breach of this Agreement. ln such event the City may, and in addition to any other remedies
available at law, in equity, or otherwise specified in this Agreement, undertake any of the individual actions or
any combination of the following actions:
1) Afford the Tow Operator written notice of the breach and ten calendar days or such
shorter time that may be specified in this Agreement within which to cure the
breach;
2) Suspend and/or remove Tow Operator from the rotation;
3) Terminate the Agreement immediately, without any penalty.
The Parties hereto have executed this Agreement.
TOW OPERATOR*:
Bv.Title:
Print Name:Date'
*lf a corporation or limited liability company, the document must be signed by two corporate officers. The first signature
must be either the Chairman of the Board, President, or any Vice President. The second signature must be the
secretary, an assistant secretary, the Chief Financial Officer, or any assistant treasurers. ln the alternative, a single
signature is acceptable when accompanied by a corporate document demonstrating the legal authority of the
signature to bind the company.
APPROVED AS TO FORM
DOUGLAS T. SLOAN
City A
Date:
ATTEST.
I
tz/zz/ t'/
$.'Jå3äË"ilJ#.
1. Scope of Work
Tow Operator shall perform the towing, and storage of vehicles as directed by the City, and in addition, such
other services as provided in this Scope of Work, and shall provide necessary storage facility, tow vehicles,
labor, materials, equipment, machinery, and tools. The Tow Operator shall comply with all State laws and
regulations, applicable to tow units and impound, towing, storage, selling or junking of vehicles. Tow operators
must follow all guidelines set forth by equipment manufactures recommendations as to their use and care of all
towing related equipment. All permits and licensing fees as specified under California Vehicle Code (CVC)
sections 34620 through 34624 shall be in full force and effect at all times during this Agreement Any violation of
this section will be considered a material breach of the Agreement and may result in immediate termination of
this Agreement.
2. Towing Services and Duties
It shall be the duty of the Tow Operator, when so directed by the City, to provide prompt tow service for vehicles
which are taken into custody by the City. This includes vehicles involved in collisions or disabled by any other
cause, abandoned in public places or on private property. Vehicles impounded for evidence, impeding the flow
of traffic, or which for any other reason, are within the jurisdiction of the FPD. As required by law, Tow
Operators are to remove from the street all debris resulting from said collisions and to clean the immediate area
of such street (CVC section 27700(a)(1)). lt shall also be the duty to provide for the safety and security of those
vehicles and the contents thereof. These duties are inherent to the job and are to be included in the price of the
basic tow bill.
The tow truck operator shall provide a business card to the registered owner or driver for the vehicle being
towed. The business card shall contain the name, address and phone number of the tow company as well as
the link to the vehicle search system in DTS as follows: www findmytow.com
Tow truck operators and/or drivers will not be permitted to drive an impounded or recovered stolen vehicle or
vehicle intended for storage from a FPD rotation call or special operation. Any exceptions must be at the
direction of the FPD officer in charge of the scene and should be limited to repositioning the vehicle to allow for
towing.
The City has designated two (2) tow companies for evidence impound tows and no other rotation tow company
shall maintain custody over these vehicles at any time. lf an officer impounds a vehicle for evidence and a non-
preference rotational tow is dispatched, it is the responsibility of the tow driver to verify with the officer on scene
as to whether a vehicle is to be held for evidence. lf it is determined that the vehicle is to be held for evidence,
the tow driver must immediately notify the officer on scene that the company is not authorized to handle
evidence impounds and an evidence tow company shall be dispatched. Tow Operator shall then contact the
Tow Unit on the same business day, or within the next business day if such tow occurs after regular business
hours. Acceptance of an evidence tow by a non-designated evidence tow company will result in disciplinary
action and full financial responsibility for all tow and storage fees for each violation.
lf terminated or suspended, Tow Operator and/or owner at the time of the suspension or termination, shall not
be eligible for a rotation listing for the duration of the suspension or termination. This provision applies to the
Tow Operator working in any capacity within any tow business or operating any tow business and to the tow
business even if operated under new ownership.
Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow Rotation List,
excluding equipment which may be unavailable due to repairs or when there is a need for equipment
replacement and written notice has been obtained from FPD.
3. Special Operations
FPD conducts special operations coordinated through the Traffic Bureau throughout the year that requires tow
companies at the location of the special operation. Tow companies on the Tow Rotation List that are in good
standing with FPD may be invited to participate in these operations, provided they are willing to remain with the
special operation until its conclusion and forfeit any rotational tow calls (FPD, California Highway Patrol, or
other) received during the duration of the operation. "Good standing" shall mean that Tow Operator has not
violated, or is not in violation of the terms of this Agreement, the provisions of the FMC, State, or Federal law.
All special operations tows will be subject to the provisions of this Agreement. Tow Operator shall respond to a
I
special operation with a flatbed tow truck with the capability of towing (2) vehicles. No ride alongs will be allowed
on any special operations unless the ride along is the Tow Owner or a Tow Driver who is in training and has
been approved by FPD.
4. Siqnaqe and hours of Operation
The storage yard or business office shall have a sign that clearly identifies it to the public as a towing service
The sign shall have letters that are clearly visible to the public from the street and must be visible at night. All
storage facilities must be accessible to City personnel twenty-four (24) hours per day and seven (7) days per
week. The Tow Operator will provide customer service twenty-four (24) hours per day and seven (7) days per
week for the release of vehicles.
Tow Operator shall provide at least one person at a call station to respond and release vehicles within thirty (30)
minutes. Tow Operator shall maintain all signage required pursuant to CVC sections 228503 and 22651.07
and include an after-hours contact phone number for Tow Operator.
5. Response Time
Tow Operator shall respond to calls twenty-four (24) hours a day, seven (7) days a week, within the maximum
response time limits as established by the Chief of Police or his/her designee A reasonable response time is
thirty (30) minutes or less, except during peak hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m ,
(Monday through Friday), when the required response time will be extended to forty-five (45) minutes or less.
Tow Operator shall respond with a tow truck of the class required to tow the vehicle specified by the DTS
System.
6. Non-Response
The Tow Operator shall update the DTS System at the time of dispatch to a tow rotation request. lf the Tow
Operator is either unable to respond or unable to meet the maximum response time, the tow operator shall
immediately update the DTS System accordingly. lf, after accepting the call, the Tow Operator is unable to
respond or will be delayed in responding, the Tow Operator shall immediately update the DTS system
accordingly.
To decline or refuse to respond will be considered a non-response. Each non-response will be immediately
documented in the DTS System. Each non-response will be logged by the DTS System and reviewed by the
City. lf the fault for the non-response is attributed to other than the Tow Operator, the Tow Operator will be
placed back in the rotational list and called at the next opportunity in line.
One such breach, determined to be the fault of the Tow Operator, will be grounds for written reprimand which
may be subsequent to a meeting between the Tow Operator and the City A second breach may be grounds for
a (30) thirty-day suspension of this Agreement. A third violation will be considered a material breach of the
Agreement and may result in immediate termination of this Agreement.
ln the case of suspension or termination, all vehicles then in storage at the time of the suspension or termination
remain protected under this Agreement as City's impounds and the Tow Operator is so bound The City will
have the option to remove and/or transfer stored vehicles.
When a Tow Operator will be temporarily unavailable to provide services due to preplanned/scheduled activity,
such as a vacation, maintenance, medical leave, etc., the Tow Operator will notify City in writing via the DTS
system at least forty-eight (48) hours in advance. City reserves the right to deny these requests to maintain
adequate service levels for tow operations. Failure to notify the City will be considered a non-response and a
matenal breach of this agreement.
7. StoraqeResponsibilities
It shall be the duty of the Tow Operator to provide impound and other storage service for all vehicles as directed
by the City. The Tow Operator shall be responsible for all vehicles, accessories and equipment thereon and all
personal property therein stored by Tow Operator. lt shall be the Tow Operators' duty to protect such stored
vehicles, accessories, equipment, and property against all loss or damage by fire, theft or other causes. The
Tow Operator will have available for review by City personnel, all permits and proof of compliance to all local
zoning, special use, conditional use and special requirements, laws and regulation. lt is the responsibility of the
Tow Operator to ensure vehicles are stored in a secured facility.
8. Size and Location of Storaqe Facilitv
The tow yard shall be located within the City of Fresno's "Metropolitan Area." Metropolitan area is defined as
within the borders of Copper Avenue to the north, American Avenue to the south, DeWolf Avenue to the east,
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and Chateau Fresno to the west. Tow Operator shall be responsible for the security of vehicles and property at
the place of storage. At a minimum, a six (6) foot fence or enclosed secured area is required for outside
storage. A minimum of 5,000 square feet, or room for twenty (20) vehicles, shall be provided. All tow yards
located with the City of Fresno shall be in compliance with the FMC, current Directors Class #208 and shall
follow the current Development and Resource Management Department's Policy and Procedure C-002 lf the
tow facility is located outside the City of Fresno, the tow operator is required to provide written proof that the
yard is in compliance with the authorizing jurisdiction. Tow Operator is responsible for the reasonable care,
custody, and control of any property contained in towed or stored vehicles. The storage facility and business
office will be located at the primary storage yard and shall be maintained in a functional, clean and orderly
fashion The facility shall have a telephone, on-site fax machine and the necessary computer equipment to
properly run DTS software and to send and receive email.
ln the event of criminal activity at a storage facility, the City may require the Tow Operator to take measures to
assist in preventing such crimes. These measures could include, but are not limited to: the yard being
illuminated during darkness, with security type lighting, to such a degree that visual observation of the entire
yard may be accomplished at alltimes, improved fencing and/or security patrols.
All vehicles stored or impounded as a result of a tow ordered by the City shall be towed directly to a towing
service storage lot unless the City, or in the case of a citizen's assist, a person legally tn charge of the vehicle,
requests that it be taken to some other location.
All vehicles towed as a result of action taken by the City will be stored at the Tow Operator's principal place of
business unless directed othenvise by the City's Tow Coordinator. Vehicles stored at an auxiliary storage facility
will be considered a breach of this Agreement. The Tow Operator shall not remove personal property from a
stored vehicle. lf the registered owner removes personal property from a stored vehicle, the Tow Operator will
maintain documentation of such and will require a signed receipt from the registered owner for property
released. The Tow Operator shall immediately notify the City if any contraband, weapons or hazardous
materials are found in the vehicle(s).
9. Enclosed Facilitv
The Tow Operator may maintain, without charge to the City or any other person, separate and enclosed garage
facrlities no less than 1,000 square feet of clean working space. The facility must be constructed to include a
roof and at least four walls of substantial design to withstand the elements and protect the vehicles from the
weather. The facility should have a concrete floor and sufficient lighting. This inside facility must be located at
the Tow Operator's primary storage yard. This inside facility is not required to qualify for the City's rotation,
however, when inside storage is requested for a particular vehicle, the next Tow Operator in line meeting the
needs of the City's request will be used.
10. DTS Requirements
Tow Operator shall utilize the most recent, updated and upgraded DTS software program, to dispatch and track,
via a web-based lnternet connection. Tow Operators will be required to enter the towed vehicle information as
instructed by the City. At no time will a vehicle be released, subject to lien, or junked from impound without all
required data fields being entered into the DTS system by the Tow Operator. The Tow Operator shall clearly
identify and enter into DTS the name of the person to whom the vehicle was actually released. All City tow
requests shall be made utilizing this program. Failure at any time to have the DTS program in full operation shall
cause the immediate removal of the Tow Operator from the tow rotation and be grounds for immediate
termination by City. Tow Operator must enter into a separate agreement, or license for the DTS software
program with the owner of that proprietary software. The City shall not provide the DTS software program, any
licensing or sub-licensing thereof or any intermediary services for the procurement by Tow Operator of the DTS
software program. This Agreement shall not be executed by the City until Tow Operator has demonstrated to
the City's satisfaction compliance with the requirements set forth herein. Tow Operator shall be liable for all
fees, charges, prices, rates and service charges required from DTS. DTS shall be utilized in "real time" and all
entries should reflect as such. lnvoices shall be used from DTS when releasing vehicles and be pursuant to
section 22651.07 of the CVC The only Tow Operator personnel authorized to utilize and access DTS are those
that have fully complied with the provisions set forth in Section 12, "Tow Operator Personnel" of this Agreement.
lf the Tow Operator is not in FULL compliance with the above stated requirement, the Tow Operator will be
removed from the City towing rotation. ln the event that DTS fails to provide software services, or the City elects
to utilize a new software provider, the Tow Operator will be required to use the replacement towing software
system. lf that occurs, all references to DTS in this Agreement shall instead be interpreted as references to the
new software program.
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11. Official Notification bv Citv Reqardinq Tow
Offìcial notification by City regarding tow services is considered any form of written, email, verbal instructions or
notifìcations received from an authorized City employee or electronic notice from the DTS program. lf the Tow
Operator receives verbal instructions or notifications from a City employee the Tow Operator must respond to
City, by 5:00 p.m. (PST) on the next business day.
12. Tow Operator Personnel
A.) Conduct
The Tow Operator shall perform the services required of it in an ethical, orderly manner, endeavoring to
obtain and keep the confidence of the public. At no time will the Tow Operator or its agent or any
employee of the Tow Operator exhibit any of the following behavior: rudeness, or othenruise being
uncooperative, argumentative, threatening, incompetent or acting in a dangerous manner with any City
employee, or with any member of the public. The City reserves the right to cancel an individual tow
assignment, if in the opinion of the City, the Tow Operator is acting tn a rude, uncooperative,
argumentative, threatening, incompetent or dangerous manner. The City also reserves the right to cancel
an individual tow assignment if in the opinion of the City the Tow Operator is likely to damage the vehicle
for which the tow service was called. Other examples of unacceptable behavior include but are not limited
to: profanity, abusive language, disconnecting telephone calls for public inquiries regarding a tow,
threatening, aggressive, or assertive language, failure to provide timely information or documents in
response to a public or City inquiry, lack of respect to any City personnel or member of the public,
destruction or damaging of evidence, failure to comply with the reasonable request of a member of the
public, failure to release vehicle in a timely manner, failure to make appointment for release of vehicle
during evening or weekend hours, failure to promptly be on site at time of appointment for release of
vehicle during evening or weekend hours, impeding an investigation or any other conduct which the City
deems unprofessional.
lf the Tow Operator is found to be in violation of this conduct clause, the City will cancel the Tow Operator
and request the next Tow Operator in rotation. Any such behavior as set forth above shall be considered
a material breach of this Agreement and may be grounds for immediate suspension or immediate
termination by the City, without penalty.
B.) PersonnelAppearance
Tow Operators shall be required to furnish their employees with a distinctive company uniform. Each
uniform shall have the firm's name, as well as the employee's name, in a conspicuous place. The tow
company's name and driver's first name shall be clearly visible at all times, meaning that protective or
inclement weather outer garments must meet this standard. Each employee shall have sufficient uniforms
so as to maintain a neat, clean appearance at all times. Minimum requirements for uniforms include a
shirt, long pants, and appropriate safety shoes. All drivers shall be in uniform before any towing or service
operation begins. No wording, designs, photos, gestures, or anything that could be considered offensive
or obscene to the general public shall be displayed by the Tow Operators or on any part of the uniform.
Dress standards are required in order to project a professional and positive image to the public.
All employees must be neat, clean and well groomed in appearance. ln order to ensure a professional
appearance, all tattoos must be concealed by operators while working. Personnel will be required to
conceal any tattoos with gloves, collars, long sleeves, or by other means acceptable to the City. Facial
tattoos of any variety are not permitted. No facial piercings shall be worn while on duty.
Drivers shall wear safety vests or reflectorized clothing that conforms to Occupational Safety and Health
Administration (OSHA) requirements. Alternatively, the OSHA safety requirements may be incorporated
into the uniform, jacket, or rain gear, as long as these items are worn as the outermost garment
C.) UnlawfulActivitv
The Tow Operator or it's employees shall not be involved, nor shall the Tow Operator or its employees
become involved in any agreement or activity whether verbal, written or conveyed in any other manner,
any activity or business venture which may be construed as unlawful. lf the City deems the involvement
to be unlawful, the City may immediately terminate this Agreement.
The Tow Operator shall not provide any direct or indirect commission, gift or any compensation to any
person or public or private entity, in consideration of arranging or requesting the services of a tow truck as
provided in section 12110 of the CVC.
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No Tow Operator will be involved or solicit any compensation of any kind including but not limited to
involvement with any other company or business that might result in income or consideration as a result of
any activity initiated by the City.
An example of such a prohibited involvement could include but is not limited to: financial reimbursement
by auto-body repair business for referrals, or towing directly from the scene of a colliston to the auto-body
shop without prior unsolicited approval or request by the registered owner, driver or insurance company
representative of the damaged vehicle; kickback to or from a security company or homeowner's
association for "finding" or towing a vehicle from a location, whether private property, public, off street
parking facility or a public roadway. Violation of this provision shall be grounds for immediate termination
by City, without penalty.
D.) Personnel Licenses
Tow Operators providing services under this Agreement, including tow truck drivers, dispatchers and other
office personnel, will have sufficient knowledge, experience and capability to ensure safe and proper
discharge of their service responsibilities. lt will be the responsibility of the Tow Operator to ensure that all
of its personnel will be properly licensed in accordance with sections 12500, 12520, and 12804.9 of the
CVC. All tow truck drivers and tow truck operators shall be enrolled in the "Pull Notice" program as defined
in CVC section1808.1 et seq.. Drivers must complete a CHP approved Tow Operator Course every five
(5) years and copies of completion of the course shall be sent to the City. All Tow Operators and
personnel shall have no criminal record whrch would preclude them from being placed in a position of trust
while in the service of a law enforcement agency or any crime listed below under the heading of "Criminal
Record."
E.) Fingerprints
All owners and employees who have not prevrously submitted their "LiveScan" fingerprint samples shall
submit their "LiveScan" fingerprint samples, at their own expense, through the City prior to being awarded
this Agreement, for the purposes of verifying their criminal history with the Department of Justice
Failure to provide information regarding the identity of the owner, employee, or anyone else with a
financial interest in the Tow Operator will result in termination of this Agreement. The Tow Operator will
provide the City with information regarding any change in employee status immediately and update DTS
to reflect such changes. Failure to comply may result in further disciplinary action, and will be considered
a breach of this Agreement
After execution of this Agreement, no person shall be employed by the Tow Operator or perform any
service under this Agreement until the background record check and "LiveScan" is completed and
approved by the City and said employee has received their identification badge from the City.
Notwithstanding the foregoing, Tow Operators and owners that have towed for the City under the previous
Tow Service Agreement and have completed a new background and "LiveScan" check will be allowed to
continue to tow for the City until such time as the results of the background and "LiveScan" submissions
are reviewed and approved by the City.
Any employee of the Tow Operator that has left employment with said Tow Operator and returned and
been rehired must complete an additional background check before performing services pursuant to this
Agreement
F.) Criminal Record
A conviction of anyone with a financial interest in the Tow Operator, or any employee of the Tow Operator,
including but not limited to any of the following offenses, may be cause for denial of application or
termination of this Agreement:
. Any crimes listed in California Penal Code section 290
. DUI-Within 5 years of the Date of Fingerprinting
. Vehicle theft. Fraud. Stolen Property. Crimes of Violence. Any felony crime relating to narcotics or any controlled substance
. Any other crimes enumerated in CVC section 2432.3
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. Actively on parole or on any form of probation
. Crime of moral turpitude. Sex, Arson, Narcotics Registrant¡ Other felony conviction
The City is not required to provide any reason, rationale or factual information in the event it elects to deny
application or remove any of Tow Operator's personnel from providing services for the City under this
Agreement Tow driver or employee applicants denied under this section may appeal to the Chief of
Police or his/her designee. All decisions by the Chief of Police, or his/her designee, are final.
ln the event the Tow Operator or employee is convicted or is under investigation, the Tow Operator may
be given the opportunity to replace that employee without prejudice to the Agreement Nothing shall
prohibit the City from removing, suspending or terminating the Agreement. lt will be the responsibility of
the Tow Operator to provide the City with updated information regarding any illegal activity, arrest(s) or
conviction of any Tow Operator and/or employee. For the purpose of this section, any conviction or plea
of guilty or nolo contendre, even to any lesser-included offense, are considered convictions. Failure to
provide information regarding the identity of the employee, or anyone else with a financial interest in the
Tow Operator will result in termination of the Agreement. Failure to provide information to the City of any
information regarding the conviction of any of the above crimes may also result in termination of the
Agreement.
G.) ldentification Badges
Each tow truck driver or employee of the Tow Operator shall wear, in plain view an identification badge,
authorized and issued by the City to that employee, while on any call for service where the City is
involved. lf a tow truck driver responds to a scene without his authorized name badge, the tow truck
driver will be dismissed from the scene and the next Tow Operator in rotation will be called. Failure to
carry an identification badge will be considered a violation as stated in Section 31, "Disciplinary Action," of
this Agreement. The purpose of these badges will be to identify those employees of the Tow Operator
who have been fingerprinted by the City and have passed the record check by the Department of Justice
All identification badges are the property of the City and will be returned by the Tow Operator to the City
within forty-eight (a8) hours of an employee's separation. Tow Operator will provide a current list of all
staff including drivers, dispatchers, etc. Anytime there are any changes to this list, the City is to be notified
by the next business day and provided with an updated and current list.
13. Tow Operator Licensinq and Certification
All licensing and certifications required by Federal, State and local authorities shall be maintained current and
valid at all times as required in CVC sections: 34507.5, 34600 et seq, 34620, and 12111, and sections 7231 et
seq, of the California Revenue and Taxation code. Failure to have any required license or certification, including
any driver who fails to have an appropriate class of license, may be grounds for immediate termination by City
without penalty.
14. lnspection
All real property and improvements thereon, and all vehicle facilities, equipment and materials used by the Tow
Operator in the performance of the services required herein shall be open to inspection by the City or its
authorized representative, and will be subject to no less than one annual inspection. Additional inspections may
be conducted without notice during normal business hours. lnspections may include, but are not limited to, all
books, accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose of auditing
or inspecting any aspect of performance directly related to this Agreement. ln the event that the City determines
that the real property and improvements thereon are insufficient, derelict or fail to meet the requirements as
called out in this Agreement, this Agreement may be terminated by City immediately, without penalty.
15. Vehicle and Equipment Requirements
Tow vehicles will be maintained in compliance with sections 24605, 25253, 25300, 27700 and 27907 of the
CVC. Tow vehicles will be of at least 14,000 lbs. GVWR with dual rear wheels, with the ability to tow two (2)
vehicles, or a vehicle and/or a trailer. Tow vehicles must have two-way communication capabilities and the
ability to communicate and connect with the DTS System at all times. The Tow Operator shall have equipment
capable of towing from off-road areas, towing from underground facilities, and recovery services with an
adjustable boom with at least five tons of lifting capacity. ln addition to the conventional wheel lift towing
capabilities, the Tow Operator shall maintain at least one or more flatbed or rollback trucks with a minimum of
fifty (50) feet of cable, and the required safety equipment. Unless otherwise specified by the City, all Tow
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Operators shall respond to a tow service request with a flatbed or rollback truck as specified above. At the
dlscretion of the tow operator, a wrecker may be used to respond to a tow service request. lf for any reason the
Tow Operator is unable to complete the tow service request with the wrecker, the Tow Operator will not be
placed back on the top of the rotation list and a new Tow Operator will receive the tow service request.
A 3-axle or 25-ton truck is not required equipment. However, Tow Operators that possess this equipment will be
placed on a heavy-duty tow rotation list.
All trucks must have the required emergency lighting, portable stop and tail lamps, a broom, shovel, fire
extinguisher (rating 4-8, C), a utility light, reflective triangles, a large pry-bar, covered trash cans with approved
absorbent, rags, unlocking equipment, dollies (boom trucks), chains, and/or tie downs.
Wheel lift trucks will maintain at least 100 feet of cable and all safety equipment as required by the
manufacturer.
Tow vehicles must have a cable winch of sufficient size and capacity to retrieve vehicles that have gone off
traveled portions of roadways into inundated areas or other inaccessible locations. Winches must have visible
lD tags designating the model, make, serial number, and rated capacity.
All tow trucks used in City tows will be subject to a yearly inspection This does not preclude the City from
conducting random inspections throughout the year.
16. Vehicleldentification
Tow vehicles shall display identification signs in compliance with section 27907 of the CVC The Tow Operator
shall not display any sign or advertising material that indicates that his tow vehicles are an official police service
of the City.
17. Charges and Fees to be collected from Registered Owners
All rates and charges shall be conspicuously posted in the office and in all tow vehicles. These rates shall quote
complete charges and fees with no additional fees to be added at a later date. These rates will be available for
review by City personnel and/or the person for whom tow service is provided. All fees collected shall be itemized
and invoiced in DTS in accordance to section 22651.07 of the CVC lt will be the Tow Operator's responsibility
to collect his bill for service, and the City will not be responsible in any way for these charges. Storage fees will
be calculated on the calendar day except the first 24-hours which is counted as a single day in accordance with
California Civil Code (CCC) 3068.1 (seeAttachment B). Allfees listed on the DTS invoicewill be received in the
form of major credit card, debit card, or cash. All fees collected, both City and Tow Operator fees, must be
invoiced through the DTS system prior to release and at the time of payment. No credit card fees will be
charged pursuant to CVC section 22651.1 and CCC section 1748.1 for any portion of the fees. The City
reserves the right to change all payment methods during the term of this agreement.
18. Lien Fees
At no time shall the City be charged a lien fee on a towed or impounded vehicle. No lien shall be attached to
any vehicle that has been impounded by the City until after seventy{wo (72) hours from the time of storage as
listed in the DTS system have passed pursuant to section 22851.12of the CVC. All lien transactions must be
entered into the DTS system by Tow Operator. Vehicles sold at lien sale shall abide by all laws relating to lien
sales. A vehicle held in impound by the City for thirty (30) days, shall not be sold at lien until such time as is
considered reasonable to allow the registered owner time to pay for and pick up the vehicle before it is sold at
lien, but under no circumstances before the thirty-fìfth (35th) day after storage.
The Tow Operator shall abide by all applicable statutes and ordinances concerning disposal of unclaimed
vehicles, including but not necessarily limited to CVC sections 22670',22851,22851.1',228512',22851.3;
2285 1 .4, 2285 1 .6: 2285 1 .8; 2285 1 . 1 0, 2285 1 .1 2 and 22852.5.
As described in CVC section 22856, liability for despoliation of evidence shall not arise against the Tow
Operator that sells any vehicle at, or disposes of any vehicle after, a lien sale, as long as the Tow Operator can
show written proof that he was notified in writing by the City that the vehicle would not be needed as evidence in
a legal action, This proof may exist in the form of an official release in the DTS System or any other written
conveyance signed by a member of the City prior to the official, written release of the vehicle.
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19. Reasonableness and Validitv of Fees
Fees charged to the registered owner or any other person for response to calls originating from the City shall be
reasonable and not in excess of those rates charged for similar services provided in response to requests
initiated by any other public agency or private person. During the term of this agreement, the City shall conduct
an annual review each December of towing and storage fees of comparable cities and adjust rates set forth in
Attachment B by the first week of January of the following year.
20. Towinq Operation
All tows performed under this Agreement will be included in the flat rate charge as described in Attachment B
No additional charges shall be charged without prior approval from the City and written notice is provided in the
DTS System. Any unapproved charges received outsrde the DTS System will result in immediate termination of
this Agreement and removal from the rotation list.
The Tow Operator shall base towing charges upon the class of vehicle being towed regardless of the class of
the truck used, except when vehicle recovery operations require a larger class truck. The Tow Operator may
refer to the tow truck classes and weight ratings as defined by the Towing & Recovery Association of America
(TRAA) vehicle identification guide.
21. Service Call Rotation and Fees
The City shall establish a separate rotation list for Tow Operators willing to respond to service requests (out of
gas, lockouts,tirechanges,etc.) Ratesforaservicerequestsshall notexceedone-halftheflatratechargefora
light duty truck response.
22. Gate Fees
No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding State
recognized holidays as listed below:
New Year's Day
Martin Luther King Day
Presidents'Day
Cesar Chavez Day
Memorial Day
lndependence Day
Labor Day
Veterans'Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
An after hours gate fee may be charged at all other times. The gate fee is not to exceed fifty percent (50%) of
the flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal
property recovery that occurs outside normal business hours (excluding lien fees, storage fees, taxes, or other
additional fees.) The Tow Operator is responsible for assuring that proper gate fees are charged in accordance
with this section. Over charging gate fees will be consrdered a major violation as outlined in Section 30.
All towing and storage fees charged by the Tow Operator are the responsibility of the vehicle's owner and are
not the responsibility of the City. The exception would be evidentiary impounds made at the direction of City
personnel.
23. Gancelled Tow
The City shall not be liable to pay the Tow Operator or anyone else any charge or other fee for a call that does
not result in a chargeable service being rendered by Tow Operator ("Dry Run"). The cancelled Tow Operator
shall be placed back on the top of the rotation list and will receive the next tow in rotation.
24. Towed in Error
ln the event the City determines that an error has occurred in impounding a vehicle, it shall be immediately
released to the registered owner without charge and the Tow Operator will be placed back on the top of the
rotation list and will receive the next tow in rotation. ln addition, the Tow Operator will be given one extra tows
on the rotation list. Additional extra tows may be given at the discretion of the Tow Unit
25. Release Fees
California law authorizes the recovery of funds required to enforce certain provisions of the CVC and promote
traffic safety on public roadways. This authorizalion falls under CVC section 22850.5 and further authorized by
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City resolutions These resolutions are open to public view at the City and/or City offices and are on file with the
City's Traffic Bureau. The Tow Operator will collect fees on the behalf of the City from the registered owner,
legal owner or agent of an impounded car.
A City administrative / franchise fee will be charged for the release of a vehicle that has been impounded by the
City. Fees will be established by an independent consulting firm to determine the City's costs associated with
impounding vehicles in accordance with CVC sections 22850.5 and 12110(b). All vehicles impounded will be
charged an administrative / franchise fee for the release of the vehicle. This fee will be established and attached
to each vehicle in the DTS System. The City's administrative fees will be collected at the time of the release by
the Tow Operator. The Tow Operator will pay the City's franchise fees equivalent to the City's administrative
fees for every vehicle that is not picked up by the owner or agent. The Tow Operator will pay the City's
administrative / franchise fees for every.City vehicle that was towed during the preceding month and will pay the
City no later than 12.:-00 p.m. on the 15"'of the following month, regardless of the disposition of the vehicle. ln
the event that the 15th of the month falls on one of the State recogniãed holidays listed in Section 22 above, or a
weekend, the City's administrative/franchise fee must be paid by 12:00 p.m. on the following business day. Tow
Operators who fail to submit the City's administrative / franchise fees to the City by the 15'n day of each month
will be immediately suspended from rotation until all fees are received, and will be subject to appropriate
disciplinary action and civil recourse. The City will keep a strict accounting of these fees through the DTS
System and frequent audits will take place to ensure accurate and timely payment of collected City
administrative / franchise fees. The fee will be listed as an item on the owner's / agent's DTS contractor invoice.
26. UnauthorizedRelease
Unauthorized release of an impounded vehicle, accidental or otherwise, having evidentiary value, not officially
released by the City, and determined to be the fault of the Tow Operator, will result in the issuance of a major
violation as set forth in this Agreement The determination of such fault will be the responsibility of the City.
27. Release of Multi-Dav lmpounds
A vehicle impounded with a multiple day hold may only be released prior to the impound period with written
authorization by the City in the DTS System. The DTS System will automatically schedule the release of an
impounded vehicle
28. Release of Vehicles
Vehicles may only be released through the DTS System. Once the DTS System authorizes the release of a
stored or impounded vehicle, it is the Tow Operator's responsibility for the vehicle's release. The Tow Operator
is hereby granted authority to release to the registered owner, legal owner, or authorized representative,
pursuant to section 22850.3 of the CVC. At the time of release, the Tow Operator shall have the registered
owner, legal owner, or authorized representative taking possession of the vehicle sign a release indicating that
they are properly licensed and insured to drive a motor vehicle
29. DisciplinarvAction
The Chief of Police, or his/her designee, shall take disciplinary action against Tow Operators for violations
investigated and sustained. Unless otherwise noted, the Chief of Police, or his/her designee, will determine the
period of suspension and shall retain discretion regarding the length of any suspension imposed pursuant to the
terms and conditions of this Agreement. The City shall retain record of violations for at least the term of this
Agreement.
30. Maior violations
Major violations include any chargeable offense under Federal, State, Local Law and significant violations of this
Agreement Such violations shall result in suspension or immediate termination of this Agreement. The Chief of
Police, or his/her designee, reserves the right to impose longer periods of suspensions or immediate
termination, if deemed appropriate in his/her sole discretion. The Chief of Police, or his/her designee, reserves
the right to remove a Tow Operator from the tow rotation during the investigation of a major violation. A
reinstatement from suspension for a major violation will result in a five hundred dollar ($500.00) fee. Suspension
will not be lifted until the reinstatement fee is received by the Chief of Police or his/her designee. ln addition, a
major violation may also result in the Tow Operator's employee being removed from participation in this
Agreement Examples of major violations include, but are not limited to:
. Physical assault, against public and/or law enforcement. Verbal abuse against public and/or law enforcement. Resisting arrest. Tow Truck Driver under the influence of alcohol or illegal drugs
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. Charging rates that exceed those listed in Attachment B
. Vehicle released without authorization. Unauthorized access to storage yard
. Theft. Mishandling of vehicles stored as evidence. Unauthorized driver responding to call
. Failure to provide information or change of status on any Tow Operator employee or staff
. Substantiated private party impound complaints
. Any Felony/Misdemeanor arrest. Refusalto take a rotational tow
. Failure to utilize the DTS System for all City towing related matters
. Repeated late or nonpayment of City franchise fees
. Failure to properly secure storage yard
. Failure to obey a lawful order by law enforcement
31. Minor violations
Minor violations will be given to the Tow Operator in the form of a documented warning for the first violation. The
second violation will be in the form of a documented reprimanded and a one hundred dollar ($100.00) fine.
Repeated minor violations during the term of the Agreement may be treated as a major violation, and the Tow
Operator will be suspended or terminated from this Agreement. A reinstatement from suspension will result in a
five hundred dollar ($500.00) fee. Suspension will not be lifted until the reinstatement fee is received by the
Chief of Police or his/her designee. Examples of minor violations include, but are not limited to:
o Late payment of City franchise fees
. Tow truck drivers not wearing City issued LD. cards/ proper uniform
. Unauthorized arrival time in excess of thirty (30) minutes, or forty-five (45) minutes during peak hours. Repeated rejection of dispatched calls. Other violations of this Agreement not considered a major violation by the Chief of Police or his/her
designee¡ Unauthorizedride-a-longo Failure to respond to customers' needs
. Failure to maintain proper equipment. Failure to clean up at a collision scene
o Vehicle code infractions
32. Hearinq/Appeal
Tow Operator must have a legal existing interest in the tow operation or entitlement subject to the City order,
citation, decision or determination to have standing to appeal a decision by the Chief of Police or his/her
designee. An appeal that fails to identify the appellant's standing may be rejected as defectrve.
ln the event FPD serves Tow Operator with disciplinary action amounting to anything less than a suspension
resulting from a minor violation, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow Unit.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension for thirty (30) days or
less resulting from a minor or major violation, the Tow Operator may request a hearing within fifteen (15)
calendar days by submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow
Unit. Upon receipt of a written request for an appeal, and at the discretion of the Chief of Police, or his/her
designee, the Tow Operator may be allowed to continue rotational tows until the final disposition of the appellate
hearing.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension in excess of thirty (30)
days, or termination of the TSA, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Administrative Hearing Officer by way of the City Manager's Office. The
written appeal shall be in compliance with FMC sections 1-407 and 9-1712. Notwithstanding any provision
within Chapter 1, Article 4 of the FMC, any person who appeals a suspension in excess of thirty (30) days, or a
termination of the TSA shall not be entitled to placement on the Tow Rotation List or to participate in tows until
such time as any appeal hearing has been concluded and the Administrative Hearing Officer finds that no
grounds for a suspension in excess of thirty (30) days, or a termination of the TSA has been established. Tow
Operator's remedy shall be limited to reinstatement on the tow rotation list in such case and no other
compensation or consideration will be allowed.
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ATTACHMENT B
TOW FEES
Flat price per vehicle per call:
Light Duty Tow/Flatbed $ 184.00/Each
Medium Duty Tow $ Average CHP Rates Apply
Heavy Duty Tow $ Average CHP Rates Apply
Water Recovery: $ Average CHP Rates Apply
Technoloqy Fee:
DTS Software Fee per Vehicle Towed $ Charge listed in DTS Contract and DTS System
Storaqe Rates:
Passenger cars $ 45.00/per day
Motorcycles $ 45.00/per day
Trucks or Trailers $ Average CHP Rates Apply
lnside Storaqe Rates:
Passenger cars $ 55.00/per dayMotorcycles $ 55.00/per day
Trucks or Trailers $ Average CHP Rates Apply
Gate Fee: No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding
State recognized holidays as listed in the Agreement.
An after hours gate fee may be charged at all other times. The gate fee shall not exceed fifty percent (50%) of the
flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal property
recovery that occur outside normal business hours (excluding lien fees, storage fees, taxes, or other additional
fees).
Non-tow service calls (out of gas, lockouts, and flat tires) shall not exceed one-half the flat rate charge for a light
duty truck response.
City of Fresno Administrative / Franchise Fees:
Vehicle Collision Blocking a Roadway $ 60.00
lllegally Parked / Abandoned Vehicle $116.00
Unlicensed Driver / Expired Registration $189.00
Arrested / Suspended Driver $266.00
DUI Driver $450.00
All fees listed on the DTS invoice will be received in the form of major credit card, debit card or cash. /Vo
credit card fee will be charged pursuant to CVC section 22651.1 and CCC section 1748.1.
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CITY OF FRESNO
NON-EXCLUSIVE FRANCHISE TOW AGREEMENT
FOR FRESNO POLICE DEPARTMENT
This Non-exclusive Franchise Tow Agreement (TSA) is entered into effect on the 28th day of December 2014 set
forth below, at Fresno, California, between the City of Fresno, a municipal corporation (City) and Action Towing
& Dive Team, a California corporation (the Tow Operator).
This Agreement, including all attachments, contains rules and regulations that a tow company agrees to comply
with in order to participate in the tow operations of the City of Fresno Police Department (FPD). Participation in
the FPD Rotation Tow Program (Tow Program) is voluntary. Compliance with all of the terms and conditions of
the Agreement is mandatory for tow companies participating in the Tow Program. A Tow Operator, by agreeing
to participate in the Tow Program, is not acting as an agent for FPD or City when performing services under thiè
Agreement.
1. Governinq Law and Venue
This Agreement shall be governed by, and construed enforced in accordance with, the laws of the State of
California excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue
for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any
rights and duties hereunder shall be the County of Fres ro, California.
2. Entire Agreement
This Agreement, its attachments and exhibits, when accepted by the Tow Operator either in writing or
commencement of performance hereunder, contains the entire Agreement between the parties with respeót to
the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth
herein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by
City in writing.
3. Amendments
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the
parties; no oral understanding or agreement not incorporated herein shall be binding on either of tne parties;
and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in
writing.
4. Assiqnment or Sub Contractinq
The terms, covenants, and conditions contained herein shall apply to the parties. Furthermore, neither the
performance of this Agreement nor any portion thereof may be assigned or subcontracted by Tow Operator
without the express written consent of City. Any attempt by Tow Operator to assign or subcontract theperformance or any portion of this Agreement without the express written consent of City shall be invalid and
shall constitute a breach of this Agreement.
5. PatenUCopvriqht Materials/Proprietarv lnfrinqement
Unless otherwise expressly provided in this Agreement, Tow Operator shall be solely responsible for obtaining alicense or other authorization to use any patented or copyrighted materials in the performance of this
Agreement. Tow Operator warrants that any Software as modified through services provided hereunder will not
infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Tow Operator
agrees that, in accordance with the more specific requirement below, it shall indemnify, defend and hold City
and City lndemnitees harmless from any and all such claims and be responsible for payment of all costs,
damages, penalties and expenses related to or arising from such claim(s), including,
'but not limited to,
attorney's fees, costs and expenses.
6. Non-Discrimination
ln the performance of this Agreement, Tow Operator agrees that it will comply with the requirements of section'1735 of the California Labor Code and not engage nor permit any Tow Operators to engage in discrimination in
employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, marital status, or sex of such persons. Tow Operator acknowledges that a
violation of this provision shall subject Tow Operator to all the penalties imposed for a violatioñ of anti-
discrimination law or regulation, including but not limited to, section 1720 el seq. of the California Labor Code
1
7. Termination
ln addition to any other remedies or rights it may have by law, City has the right to terminate this Agreement
without penalty immediately with cause and either party may terminate after thirty (30) days writtãn notice
without cause, unless otherwise specified. Cause shall be defined as any breach of tltis Agreement or any
misrepresentation or fraud on the part of the Tow Operator. Exercise by City of its right to terminate the
Agreement shall relieve City of all further obligation.
8. Gonsent to Breach Not Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or
consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by anyparty to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver
of, or excuse for any other different or subsequent breach.
9. Remedies Not Exclusive
The remedies for breach set forth in this Agreement are cumulative as to one another and as to any otherprovided by law, rather than exclusive; and the expression of certain remedies in this Agreement dóes not
preclude resort by either party to any other remedies provided by law.
10. lndependent Tow Operator
Tow Operator shall be considered an independent Tow Operator and neither Tow Operator, its employees noranyone working under Tow Operator shall be considered an agent or an employee of City. Ñeit-her Tow
Operator, its employees nor anyone working under Tow Operator, shall qualify for workers' óompensation or
other fringe benefits of any kind through City.
'11 . Performance
Tow Operator shall perform all work under this Agreement, taking necessary steps and precautions to performthe work to City's satisfaction. Tow Operator shall be responsible for the professional quality, téchnical
assurance, timely completion, and coordination of all documentation and other goods/services furnis-hed by Tow
Operator under this Agreement. Tow Operator shall: perform all work diligenfly, carefully, and in a good and
workman-like manner; furnish all labor, supervision, machinery, equipment, materials, and supplies riecess"ry
therefore; at its sole expense obtain and maintain all permits and licenses required by public authorities,
including those of City required in its governmental capacity, in connection with performancè of the work; and, ifpermitted to subcontract, be fully responsible for all work performed by sub-Tow Operators.
'12. Indemnification
A) Tow Operator shall indemnify, hold harmless and defend City and each of its officers, officials
employees, agents and authorized volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not'limited top any time and property damage) incurred by City, Tow Operator, or anyo any and all claims, demands and actions in law or equity (includinga on expenses), arising or alleged to have arisen directly or indirectly out ofp ement. Tow Operator's obligations under the preceding sentence shall
apply regardless of whether City or any of its officers, officials, employees, agenls or authorized
volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or
damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any
of its officers, officials, employees, agents or authorized volunteers.
B) lf Tow Operator should subcontract all or any portion of the work to be performed under this
Agreement, Tow Operator shall require each subcontractor to indemnify, hold harmless and defend
City and each of its officers, officials, employees, agents and authorized volunteers in accordance
with the terms of the preceding paragraph
C) This section shall survive termination or expiration of this Agreement.
13. Insurance
A) Throughout the life of this Agreement, Tow Operator shall pay for and maintain in full force and
effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted
by the California lnsurance Commissioner to do business in the State of California and rated not
less than "A-Vll" in Best's lnsurance Rating Guide, or (ii) authorized by City's Risk Manager. The
following policies of insurance are required:
2
5)
B)
1) COMMERCIAL GENERAL LIABILITY insurance which shall be on the most current version of
lnsurance Services Office (lSO) Commercial General Liability Coverage Form CG 00 O1 and
include insurance for "bodily injury," "property damage" and "personaiand advertising injury"with coverage for premises and operations, products and completed operatioñs,
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contractual liability (including, without limitation, indemnity obligations under the Agreement)
with limits of liability of not less than $1,000,000 per occurrence for bodily injury and property
damage, $1,000,000 per occurrence for personal and advertising injury-an¿ SZ,'0O0,OOó
aggregate for products and completed operations and $2,000,000 general aggregate.
2) GARAGEKEEPERS LEGAL LIABILITY insurance which shall include coverage for vehictes in
the care, custody, and control of the Tow Operator with limits of liability of noiless than
$120,000 per occurrence for property damage.
3) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be on the most current
version of lnsurance Service Office (lSO) Business Auto Coverage Form CA 00 01, and
include coverage for all owned, hired, and non-owned automobiles òr other licensed vehicles
(Code '1- Any Auto) with limits of not less than $1,000,000 per accident for bodity injury and
property damage.
4) ON-HOOIICARGO insurance which shall include coverage for vehicles in tow with limits of
liability based on the size of the tow truck, which are as follows:
a) Class A/B tow truck. .........$120,000b) Class C tow truck.. .... ....$200,000c) Class D tow truck... $300,000
WORKERS' COMPENSATION insurance as required under the California Labor Code and
EMPLOYERS' LIABILITY insurance with minimum limits of $1,000,000 each accident, $1,000,000disease policy limit and $'1,000,000 disease each employee.
Tow Operator shall be responsible for payment of any deductibles contained in any insurancepolicies required hereunder and Tow Operator shall also be responsible for payment of any self-
insured retentions. Any deductibles or self-insured retentions must be declared tó on the Certificateof lnsurance and approved by the City's Risk Manager or his/her designee. At the option of the
City's Risk Manager, or his/her designee, either:
1) The insurer shall reduce or eliminate such deductibles or self-insured retention as
respects city, its officers, officials, employees, agents and volunteers; or
2) Tow Operation shall provide a fìnancial guarantee, satisfactory to City's Risk Manager, orhis/her designee, guaranteeing payment of losses and related investigations, - claim
administration and defense expenses. At no time shall City be responsible for the payment of
any deductibles or self-insured retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30)
calendar days written notice in favor of City of policy cancellation, change or reduction of covérâge,
except for the Workers'Compensation policy which shall provide ten (10) calendar days written
notice of such cancellation, change or reduction of coverage. ln the event any policies are due toexpire during the term of this Agreement, Tow Operator shall provide a new'certificate and allapplicable endorsements evidencing renewal of such policy prior to the expiration date of the
expiring policy(ies) to the Chief of Police, or his/her designee, and the City's Risk Division. Uponissuance by the insurer, broker, or agent of a notice of cancellation, change or reduction in
coverage, Tow Operator shall file with the Chief of Police, or his/her designee, ánd the City's Risk
Division, a new certificate and all applicable endorsements for such policy(ies).
The General Liability, Automobile Liability and Garagekeepers Legal Liability insurance policies
shall be written on an occurrence form and shall name City, its officers, officials, agents, employees
and volunteers as an additional insured. Such policy(ies) of insurance shall be éndorsed so Tow
shall be primary with respect to the city, its officers, officials, employees,
volunteers with no contribution required of city. Any workers' compensation
contain a waiver of subrogation as to city, its officers, officials, agents,
c)
D)
3
employees and authorized volunteers. Tow Operator shall have furnished City with the certificate(s)
and applicable endorsements for ALL required insurance prror to City's execution of the Agreement.
E) The fact that insurance is obtained by Tow Operator shall not be deemed to release or diminish the
liability of Tow Operator, including, without limitation, liability under the indemnity provisions of this
Agreement City shall apply to all claims and liability regardless of whether any insurance policies
are applicable The policy limits do not act as a limitation upon the amount of indemnification to be
provided by Tow Operator. Approval or purchase of any insurance contracts or policies shall in no
way relieve from liability nor limit the liability of Tow Operator, its principals, officers, agents,
employees, persons under the supervision of Tow Operator, vendors, suppliers, invitees
consultants, sub-consultants, subcontractors, or anyone employed directly or indirecfly by any of
them
F) Upon request of City, Tow Operator shall immediately furnish City with a complete copy of any
insurance policy required under this Agreement, including all endorsements, with said copy certified
by the unden¡vriter to be a true and correct copy of the original policy. This requirement shall survive
expiration or termination of this Agreement.
G) lf at any time during the life of the Agreement or any extension, Tow Operator fails to maintain the
required insurance in full force and effect, all work under this Agreement shall be discontinued
immediately until notice is received by City that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory to City.
Any failure to maintain the required insurance shall be sufficient cause for City to terminate this
Agreement.
H) lf Tow Operator should subcontract all or any portion of the work to be performed, Tow Operator
shall require each subcontractor to provide insurance protection in favor of the City, its officer,
officials, employees, agents and authorized volunteers in accordance with the terms oi each of the
preceding paragraphs, except that the subcontractors certificates and endorsements shall be on file
with the Tow Operator and City prior to the commencement of any work by the subcontractor.
14. Bills and Liens
Tow Operator shall pay promptly all indebtedness for labor, materials, and equipment used in performance of
the work. Tow Operator shall not permit any lien or charge to attach to the work or the premises, but if any does
so attach, Tow Operator shall promptly procure its release and indemnify, defend, and hold City harmleðs and
be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related
thereto.
15. Ghanqe of Gontrol
Tow Operator agrees that if there is a change or transfer in ownership or control of the Tow Operator's businessprior to completion of this Agreement, unless such change or transfer is to "immediate family" as de¡ned in
Fresno Municipal Code (FMC) section 3-101(e) and approved in writing by the Chief of police or his/her
designee, such change or transfer shall terminate this Agreement. This includes but is not limited to changes in.
Corporate Board Members, Managers, Directors, Treasurer, Trustees, or ownership interests All chanþes or
transfers to "immediate family" must be approved by the Chief of Police, or his/her designee, prior to such
change or transfer in order for the Tow Operator to remain on the tow services list. Final written approval or
disapproval for the change or transfer in ownership or control will be given by the Chief of police or his/herdesignee All "immediate family" members involved in the potential transfer and operation of the Tow Operator
shall be required to undergo a background check, review, and "Livescan" fingerprint screening The "immediate
family" members involved in the change or transfer of ownership or control must also possesð and keep current
all licensing certificates and insurance as required in this Agreement. The "immediate family" members who will
operate or othen¡vise be legally responsible for the Tow Operator will be required to execute a new TSA.
A) Tow Operator owners shall be directly involved in the day-to-day operations of their
business and shall not be directly involved in the towing-related business of any other tow
company on, or applicant for, the Tow Rotation List. Co-mingling of operations, business,
offices, board members, and finances is strictly prohibited.
B) lf terminated or suspended, Tow Operator and/or its owner at the time of the suspension or
termination, shall not be eligible for a rotation listing for the duration of the suspension or
termination. This section applies to the Tow Operator working in any capacity within any tow
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business or operating any tow business and to the tow business even if operated under new
ownership.
C) Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow
Rotation List, excluding equipment which may be unavailable due to repairs or when there is a need
for equipment replacement and written approval is obtained from the Chief of Police or his/her
designee.
16. Force Maieure
Tow Operator shall not be in breach of this Agreement caused by any act of God, war, civil disorder,
employment strike or other cause beyond its reasonable control, provided Tow Operator gives written notice of
the cause of the delay to City within thirty-six (36) hours of the start of the delay and Tow Operator avails itself of
any available remedies.
17. Gonfidentialitv
Tow Operator agrees to maintain the confidentiality of all City and City-related records and information pursuant
to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term
of this Agreement. All such records and information shall be considered confidential and kept confidential by
Tow Operator and Tow Operator's staff, agents and employees.
18. Gompliance with Laws
Tow Operator represents and warrants that services to be provided under this Agreement shall fully comply, atTow Operator's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and
regulations, including, but not limited to those issued by City in its governmental capacity and all other laws
applicable to the services at the time services are provided to and accepted by City. Tow Operator
acknowledges that City is relying on Tow Operator to ensure such compliance (collectively Laws). Tow Operator
agrees that it shall defend, indemnify and hold City and City lndemnitees harmless from all liability, damages,
costs, and expenses arising from or related to a violation of Laws.
19. Pricinq
The Agreement price shall include full compensation for providing all required services in accordance with the
Scope of Work attached to this Agreement, and no additional compensation will be allowed therefore, unless
otherwise provided for in this Agreement. Tow Operator shall pay the City Franchise Fees as listed in
Attachment "8", or "City Administrative / Franchise Fees", in accordance with Parag raph 25 of Attachment "4".
20. Terms and Conditions
Tow Operator acknowledges that the undersigned has read and agrees to all terms and conditions included in
this Agreement.
21. Severabilitv
lf any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired or invalidated thereby.
22. Galendar Davs
Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless
otherwise expressly provided.
23. Attornev Fees
lf either party is required to commence any proceeding or legal action to enforce any term, covenant or condition
of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other
party its reasonable Attorney's fees and legal expenses.
24. Interpretation
This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in
the matters dealt with in this Agreement. ln addition, each party has been represented by experienced and
knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel
despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have
not been influenced to any extent whatsoever in executing this Agreement by any other party hereto or by any
person representing them, or both. Accordingly, any rule or law (including California Civil Code section 1654) or
legal decision that would require interpretatíon of any ambiguities in this Agreement against the party that has
5
drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable
manner to affect the purpose of the parties and this Agreement.
25. Authoritv
The parties to this Agreement represent and warrant that this Agreement has been duly authorized and
executed and constitute the legally binding obligation of their respective organization or entity, enforceable in
accordance with its terms.
26. Emplovee EliqibilitvVerification
Tow Operator warrants that it fully complies with all Federal and State statutes and regulations regarding the
employment of aliens and others and that all its employees performing work under this Agreement meet the
citizenship or alien status requirement set forth in Federal statutes and regulations. Tow Operator shall obtain,
from all employees performing work hereunder, all verification and other documentation of employment eligibility
status required by Federaf or State statutes and regulations including, but not limited to, the lmmigration Reform
and ControlAct of 1986, 8 U.S.C. 51324 et seq., as they currently exist and as they may be hereafter amended.
Tow Operator shall retain all such documentation for all covered employees for the period prescribed by the law
Tow Operator shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its
agents, officers, and employees from employer sanctions and any other liability which may be assessed against
Tow Operator or City or both in connection with any alleged violation of any Federal or State statutes or
regulations pertaining to the eligibility for employment of any persons performing work under this Agreement.
27. Additional Terms and Conditions
A) Term of Agreement: This Agreement shall commence on December 28, 2014, and shall be
effective for three (3) years from that date, unless otherwise terminated by City.
B) Fiscal Appropriations: This Agreement is subject to and contingent upon applicable budgetary
appropriations being made by the City for each year during the term of this Agreement. lf such
appropriations are not forthcoming, the Agreement will be terminated without penalty. Tow
Operator acknowledges that funding or portions of funding for this Agreement may also be
contingent upon the receipt of funds from, and/or appropriation of funds by City. lf such funding
and/or appropriations are not forthcoming, or are othenruise limited, City may immediately terminate
or modify this Agreement without penalty
C) Gonflict of lnterest (Tow Operator): Tow Operator shall exercise reasonable care and diligence to
prevent any actions or conditions that result in a conflict with the best interest of City. This
obligation shall apply to Tow Operator, Tow Operator's employees, agents, relatives, and third
parties associated with accomplishing the work hereunder. Tow Operator's efforts shall include, but
not be limited to, establishing precautions to prevent its employees or agents from making,
receiving, providing, or offering gifts, entertainment, payments, loans, or other considerations which
could be deemed to appear to influence individuals to act contrary to the best interest of City.
D) Tow Operator Work Hours and Safety Standards: Tow Operator shall ensure compliance with all
safety and hourly requirements for employees, in accordance with federal, state, and City safety
and health regulations and laws.
E) Orderly Termination: Upon termination or other expiration of this Agreement, each party shall
promptly return to the other party all papers, materials, and other properties of the other held by
each for purposes of execution of theAgreement. ln addition, each party will assistthe other Party
in orderly termination of this Agreement and the transfer of all aspects, tangible and intangible, as
may be necessary for the orderly, non-disruptive business continuation of each party.
F) Reprocurement Costs: ln the case of default by Tow Operator, City may procure the service from
other sources and, if the cost is higher, Tow Operator will be held responsible to pay City the
difference between the Agreement cost and the price paid. City may make reasonable efforts to
obtain the prevailing market price at the time such services are rendered. This is in addition to any
other remedies available under law.
G) Authorization Warranty: Tow Operator represents and warrants that the person executing this
Agreement on behalf of and for Tow Operator is an authorized agent who has actual authority to
bind Tow Operator to each and every term, condition, and obligation of this Agreement and that all
requirements of Tow Operator have been fulfilled to provide such actual authority
6
H) Notices: Any and all notices permitted or required to be given hereunder shall be deemed duly
given (1) upon actualdelivery, if delivery is by hand; or (2) upon delivery by the United States mail if
delivery is by postage paid registered or certified return receipt requested mail; or (3) through
electronic means such as, emailorthe Dispatch & Tracking Solutions Software System (DTS).
l) Data - Title to. All materials, documents, data or information obtained from City data files or any
City medium furnished to Tow Operator in the performance of this Agreement will at all times remain
the property of City. Such data or information may not be used or copied for direct or indirect use
by Tow Operator after completion or termination of this Agreement without the express written
consent of City All materials, documents, data or information, including copies, must be returned to
City at the end of this Agreement.
J) Usage: No guarantee is given by City to Tow Operator regarding usage of this Agreement. Usage
figures, if provided, are approximate, based upon the last usage. Tow Operator agrees to supply
services and/or commodities requested, as needed by City, at prices listed in the Agreement,
regardless of quantity requested.
K) Tow Operator's Records: Tow Operator shall keep true and accurate accounts, records, books
and data which shall correctly reflect the business transacted by Tow Operator in accordance with
generally accepted accounting principles. These records shall be stored at the Tow Operators
principal place of business for a period of three (3) years after final payment is received by City.
L) Audits/lnspections: Tow Operator agrees to permit City's authorized representative (including
auditors from a private auditing firm hired by City) access during normal working hours to all books,
accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose
of auditing or inspecting any aspect of performance under this Agreement. The inspection and/or
audit will be confined to those matters connected with the performance of the Agreement including,
but not limited to, the costs of administering the Agreement City reserves the right to audit and
verify Tow Operator's records before or after final payment is made.
Tow Operator agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of records retention is stipulated under this Agreement or
by law. Tow Operator agrees to allow interviews of any employees or others who might reasonably
have information related to such records. Further, Tow Operator agrees to include a similar right to
City to audit records and interview staff of any sub-Tow Operator related to performance of this
Agreement.
M) Should Tow Operator cease to exist as a legal entity, Tow Operator's records pertaining to this
Agreement shall be forwarded to the Chief of Police or his/her designee.
28. Disputes-Aqreement
A) ïhe Parties shall deal in good faith and attempt to resolve potential disputes informally.
1) Tow Operator shall submit to the Chief of Police, or his/her designee, a written demand for a
final decision regarding the disposition of any dispute between the parties arising under,
related to, or involving this Agreement, unless City, on its own initiative, has already rendered
such a final decision.
2) Tow Operator's written demand shall be fully supported by factual information, and, if such
demand involves a cost adjustment to the Agreement, Tow Operator shall include with the
demand a written statement signed by a senior official indicating that the demand is made in
good faith, that the supporting data are accurate and complete, and that the amount
requested accurately reflects the Agreement adjustment for which Tow Operator believes City
is liable.
Pending the final resolution of any dispute arising under, related to, or involving this Agreement,
Tow Operator agrees to diligently proceed with the performance of this Agreement Tow Operato/s
failure to diligently proceed shall be considered a material breach of this Agreement.
Any final decision of City shall be expressly identified as such, shall be in writing, and shall be
signed by the City Hearing Administrative Officer, or Chief of Police, or his/her designee, as
applicable. lf City fails to render a decision within ninety (90) days after receipt of Tow Operator's
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B)
c)
demand, it shall be deemed a final decision adverse to Tow Operator's contentions City's final
decision shall be conclusive and binding regarding the dispute unless Tow Operator commences
action in a court of competent jurisdiction.
29. Breach of Aqreement
The failure of the Tow any of the provisions, covenants or conditions of this Agreement
shall be a material bre n such event the City may, and in addition to any other remedies
available at law, in eq ied in this Agreement, undertake any of the individual actions or
any combination of the following actions:
1) Afford the Tow Operator written notice of the breach and ten calendar days or such
shorter time that may be specified in this Agreement within which to cure the
breach;
2) Suspend and/or remove Tow Operator from the rotation;
3) Terminate the Agreement immediately, without any penalty.
The Parties hereto have executed this Agreement.
TOW OPERATOR:
*lf a corporation or limited liability company, the document must be signed by two corporate officers. The first signaturemust be either the Chairman of the Board, President, or any Vice President. The second signature must be thesecretary, an assistant secretary, the Chief Financial Officer, or any assistant treasurers. In the ãlternative, a singlesignature is acceptable when accompanied by a corporate document demonstrating the legal authority of i-hesignature to bind the company.
Date:
ATTEST:
WONNE SPENCE, CMC
City Clerk
TOW OPERATOR*:
DOUGLAS T. SLOAN
I
/zlzzlt Ll
ATTACHMENT A
SCOPE OF WORK
'1. Scope of Work
Tow Operator shall perform the towing, and storage of vehicles as directed by the City, and in addition, such
other services as provided in this Scope of Work, and shall provide necessary storage facility, tow vehicles,
labor, materials, equipment, machinery, and tools. The Tow Operator shall comply with all State laws and
regulations, applicable to tow units and impound, towing, storage, selling or junking of vehicles. Tow operators
must follow all guidelines set forth by equipment manufactures recommendations as to their use and care of all
towing related equipment. All permits and licensing fees as specified under California Vehicle Code (CVC)
sections 34620 through 34624 shall be in full force and effect at all times during this Agreement. Any violation of
this section will be considered a material breach of the Agreement and may result in immediate termination of
this Agreement.
2. Towinq Services and Duties
It shall be the duty of the Tow Operator, when so directed by the City, to provide prompt tow service for vehicles
which are taken into custody by the City. This includes vehicles involved in collisions or disabled by any other
cause, abandoned in public places or on private property. Vehicles impounded for evidence, impeding the flow
of traffic, or which for any other reason, are within the jurisdiction of the FPD. As required by law, Tow
Operators are to remove from the street all debris resulting from said collisions and to clean the immediate area
of such street (CVC section 27700(a)(1)) lt shall also be the duty to provide for the safety and security of those
vehicles and the contents thereof. These duties are inherent to the job and are to be included in the price of the
basic tow bill.
The tow truck operator shall provide a business card to the registered owner or driver for the vehicle being
towed The business card shall contain the name, address and phone number of the tow company as well as
the link to the vehicle search system in DTS as follows: www.findmytow.com
Tow truck operators and/or drivers will not be permitted to drive an impounded or recovered stolen vehicle or
vehicle intended for storage from a FPD rotation call or special operation. Any exceptions must be at the
direction of the FPD officer in charge of the scene and should be limited to repositioning the vehicle to allow for
towing.
The City has designated two (2) tow companies for evidence impound tows and no other rotation tow company
shall maintain custody over these vehicles at any time. lf an officer impounds a vehicle for evidence and a non-
preference rotational tow is dispatched, it is the responsibility of the tow driver to verify with the officer on scene
as to whether a vehicle is to be held for evidence. lf it is determined that the vehicle is to be held for evidence,
the tow driver must immediately notify the officer on scene that the company is not authorized to handle
evidence impounds and an evidence tow company shall be dispatched. Tow Operator shall then contact the
Tow Unit on the same business day, or within the next business day if such tow occurs after regular business
hours Acceptance of an evidence tow by a non-designated evidence tow company will result in disciplinary
action and full financial responsibility for all tow and storage fees for each violation.
lf terminated or suspended, Tow Operator and/or owner at the time of the suspension or termination, shall not
be eligible for a rotation listing for the duration of the suspension or termination. This provision applies to the
Tow Operator working in any capacity within any tow business or operating any tow business and to the tow
business even if operated under new ownership
ïow Operator shall not share equipment with any other tow company on, or applicant for, the Tow Rotation List,
excluding equipment which may be unavailable due to repairs or when there is a need for equipment
replacement and written notice has been obtained from FPD.
3. Special Operations
FPD conducts special operations coordinated through the Traffic Bureau throughout the year that requires tow
companies at the location of the special operation. Tow companies on the Tow Rotation List that are in good
standing with FPD may be invited to participate in these operations, provided they are willing to remain with the
special operation until its conclusion and forfeit any rotational tow calls (FPD, California Highway Patrol, or
other) received during the duration of the operation. "Good standing" shall mean that Tow Operator has not
violated, or is not in violation of the terms of this Agreement, the provisions of the FMC, State, or Federal law.
All special operations tows will be subject to the provisions of this Agreement. Tow Operator shall respond to a
o
special operation with a flatbed tow truck with the capability of towing (2) vehicles. No ride alongs will be allowed
on any special operations unless the ride along is the Tow Owner or a Tow Driver who is in training and has
been approved by FPD
4. Signaqe and hours of Operation
The storage yard or business office shall have a sign that clearly identifies it to the public as a towing service.
The sign shall have letters that are clearly visible to the public from the street and must be visible at nignt. ntt
storage facilities must be accessíble to City personnel twenty-four (24) hours per day and seven (7) dáys per
week. The Tow Operator will provide customer service twenty-four (24) hours per day and seven (7) days per
week for the release of vehicles.
Tow Operator shall provide at least one person at a call station to respond and release vehicles within thirty (30)
minutes. Tow Operator shall maintain all signage required pursuant to CVC sections 22BSO.3 and 22651.07
and include an after-hours contact phone number for Tow Operator.
5. Response Time
Tow Operator shall respond to calls twenty-four (24) hours a day, seven (7) days a week, within the maximum
response time limits as established by the Chief of Police or his/her designee. A reasonable response time isthirty (30) minutes or less, except during peak hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m.,
(Monday through Friday), when the required response time will be extended to forty-five (45) minutes or less.Tow Operator shall respond with a tow truck of the class required to tow the vehicle specified by the DTS
System.
6. Non-Response
The Tow Operator shall update the DTS System at the time of dispatch to a tow rotation request. lf the TowOperator is either unable to respond or unable to meet the maximum response time, the tow operator shall
immediately update the DTS System accordingly lf, after accepting the call, the Tow Operator is unable torespond or will be delayed in responding, the Tow Operator shall immediately update the DTS system
accordingly.
n-response. Each non-response will be immediately
I be logged by the DTS System and reviewed by the
er than the Tow Operator, the Tow Operator will be
portunity in line.
One such breach, determined to be the fault of the Tow Operator, will be grounds for written reprimand which
may be subsequent to a meeting between the Tow Operator and the City. A second breach may
'Oe
grounds fora (30) thirty-day suspension of this Agreement. A third violation will be considered a material brãach of the
Agreement and may result in immediate termination of this Agreement
ln the case of suspension ortermination, allvehicles then in storage atthe time of the suspension ortermination
remain protected under this Agreement as City's impounds and the Tow Operator is so bound. The City will
have the option to remove and/or transfer stored vehicles
When a Tow Operator ble to provide services due to preplanned/scheduled activity,
such as a vacation, m etc., the Tow Operator will notify City in writing via the DTS
system at least forty-e City reserves the right to deny these requests to maintain
adequate service levels for tow operations. Failure to notify the City will be considered a non-response and a
material breach of this agreement.
7. StoraqeResponsibilities
It shall be the duty of the Tow Operator to provide impound and other storage service for all vehicles as directed
by the City. The Tow Operator shall be responsible for all vehicles, accessories and equipment thereon and allpersonal property therein stored by Tow Operator. lt shall be the Tow Operators' duty to protect such stored
vehicles, accessories, equipment, and property against all loss or damage by fire, theit or other causes. TheTow Operator will have available for review by City personnel, all permits and proof of compliance to all local
zoning, special use, conditional use and special requirements, laws and regulation. lt is the responsibility of the
Tow Operator to ensure vehicles are stored in a secured facility.
8. Size and Location of Storaqe Facilitv
The tow yard shall be located within the City of Fresno's "Metropolitan Area." Metropolitan area is defined as
within the borders of Copper Avenue to the north, American Avenue to the south, DeWolf Avenue to the east
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and Chateau Fresno to the west. Tow Operator shall be responsible for the security of vehicles and property at
the place of storage. At a minimum, a six (6) foot fence or enclosed secured area is required for outside
storage. A minimum of 5,000 square feet, or room for twenty (20) vehicles, shall be provided All tow yards
located with the City of Fresno shall be in compliance with the FMC, current Directors Class #208 and shall
follow the current Development and Resource Management Department's Policy and Procedure C-002 lf the
tow facility is located outside the City of Fresno, the tow operator is required to provide written proof that the
yard is in compliance with the authorizing jurisdiction Tow Operator is responsible for the reasonable care,
custody, and control of any property contained in towed or stored vehicles. The storage facility and business
office will be located at the primary storage yard and shall be maintained in a functional, clean and orderly
fashion. The facility shall have a telephone, on-site fax machine and the necessary computer equipment to
properly run DTS software and to send and receive email.
ln the event of criminal activity at a storage facility, the City may require the Tow Operator to take measures to
assist in preventing such crimes. These measures could include, but are not limited to: the yard being
illuminated during darkness, with security type lighting, to such a degree that visual observation of the entire
yard may be accomplished at all times, improved fencing and/or security patrols
All vehicles stored or impounded as a result of a tow ordered by the City shall be towed directly to a towing
service storage lot unless the City, or in the case of a citizen's assist, a person legally in charge of the vehicle,
requests that it be taken to some other location.
All vehicles towed as a result of action taken by the City will be stored at the Tow Operator's principal place of
business unless directed otherwise by the City's Tow Coordinator. Vehicles stored at an auxiliary storage facility
will be considered a breach of this Agreement. The Tow Operator shall not remove personal property from a
stored vehicle. lf the registered owner removes personal property from a stored vehicle, the Tow Operator will
maintain documentation of such and will require a signed receipt from the registered owner for property
released. The Tow Operator shall immediately notify the City if any contraband, weapons or hazardous
materials are found in the vehicle(s).
9. Enclosed Facilitv
The Tow Operator may maintain, without charge to the City or any other person, separate and enclosed garage
facilities no less than 1,000 square feet of clean working space. The facility must be constructed to include a
roof and at least four walls of substantial design to withstand the elements and protect the vehicles from the
weather. The facility should have a concrete floor and sufficient lighting. This inside facility must be located at
the Tow Operator's primary storage yard. This inside facility is not required to qualify for the City's rotation,
however, when inside storage is requested for a particular vehicle, the next Tow Operator in line meeting the
needs of the City's request will be used.
10. DTS Requirements
Tow Operator shall utilize the most recent, updated and upgraded DTS software program, to dispatch and track,
via a web-based lnternet connection. Tow Operators will be required to enter the towed vehicle information as
instructed by the City. At no time will a vehicle be released, subject to lien, or junked from impound without all
required data fields being entered into the DTS system by the Tow Operator. The Tow Operator shall clearly
identify and enter into DTS the name of the person to whom the vehicle was actually released. All City tow
requests shall be made utilizing this program. Failure at any time to have the DTS program in full operation shall
cause the immediate removal of the Tow Operator from the tow rotation and be grounds for immediate
termination by City. Tow Operator must enter into a separate agreement, or license for the DTS software
program with the owner of that proprietary software The City shall not provide the DTS software program, any
licensing or sub-licensing thereof or any intermediary services for the procurement by Tow Operator of the DTS
software program. This Agreement shall not be executed by the City until Tow Operator has demonstrated to
the City's satisfaction compliance with the requirements set forth herein. Tow Operator shall be liable for all
fees, charges, prices, rates and service charges required from DTS. DTS shall be utilized in "real time" and all
entries should reflect as such. lnvoices shall be used from DTS when releasing vehicles and be pursuant to
section 22651.07 of the CVC. The only Tow Operator personnel authorized to utilize and access DTS are those
that have fully complied with the provisions set forth in Section 12,"Tow Operator Personnel" of this Agreement
lf the Tow Operator is not in FULL compliance with the above stated requirement, the Tow Operator will be
removed from the City towing rotation ln the event that DTS fails to provide software services, or the City elects
to utilize a new software provider, the Tow Operator will be required to use the replacement towing software
system. lf that occurs, all references to DTS in this Agreement shall instead be interpreted as references to the
new software program.
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11. Official Notification bv Citv Reqardinq Tow
Official notification by City regarding tow services is considered any form of written, email, verbal instructions or
notifications received from an authorized City employee or electronic notice from the DTS program. lf the Tow
Operator receives verbal instructions or notifications from a City employee the Tow Operator must respond to
City, by 5:00 p.m. (PST) on the next business day
12. Tow Operator Personnel
A.) Conduct
The Tow Operator shall perform the services required of it in an ethical, orderly manner, endeavoring to
obtain and keep the confidence of the public. At no time will the Tow Operator or its agent or any
employee of the Tow Operator exhibit any of the following behavior: rudeness, or otherwise being
uncooperative, argumentative, threatening, incompetent or acting in a dangerous manner with any City
employee, or with any member of the public. The City reseryes the right to cancel an individual tow
assignment, if in the opinion of the City, the Tow Operator is acting in a rude, uncooperative,
argumentative, threatening, incompetent or dangerous manner. The City also reserves the right to cancel
an individual tow assignment if in the opinion of the City the Tow Operator is likely to damage the vehicle
for which the tow service was called. Other examples of unacceptable behavior include but are not limitedto. profanity, abusive language, disconnecting telephone calls for public inquiries regarding a tow,
threatening, aggressive, or assertive language, failure to provide timely information or documents in
response to a public or City inquiry, lack of respect to any City personnel or member of the public,
destruction or damaging of evidence, failure to comply with the reasonable request of a member of the
public, failure to release vehicle in a timely manner, failure to make appointment for release of vehicle
during evening or weekend hours, failure to promptly be on site at time of appointment for release of
vehicle during evening or weekend hours, impeding an investigation or any other conduct which the City
deems unprofessional.
lf the Tow Operator is found to be in violation of this conduct clause, the City will cancel the Tow Operator
and request the next Tow Operator in rotation. Any such behavior as set forth above shall be considereda material breach of this Agreement and may be grounds for immediate suspension or immediate
termination by the City, without penalty.
B.) PersonnelAppearance
Tow Operators shall be required to furnish their employees with a distinctive company uniform. Each
uniform shall have the firm's name, as well as the employee's name, in a conspicuous place The tow
company's name and driver's first name shall be clearly visible at all times, meaning that protective or
inclement weather outer garments must meet this standard. Each employee shall have sufficient uniforms
so as to maintain a neat, clean appearance at all times. Minimum requirements for uniforms include a
shirt, long pants, and appropriate safety shoes. All drivers shall be in uniform before any towing or service
operation begins. No wording, designs, photos, gestures, or anything that could be considered offensive
or obscene to the general public shall be displayed by the Tow Operators or on any part of the uniform
Dress standards are required in order to project a professional and positive image to the public.
All employees must be neat, clean and well groomed in appearance. ln order to ensure a professional
appearance, all tattoos must be concealed by operators while working. Personnel will be required to
conceal any tattoos with gloves, collars, long sleeves, or by other means acceptable to the City. Facial
tattoos of any variety are not permitted. No facial piercings shall be worn while on duty.
Drivers shall wear safety vests or reflectorized clothing that conforms to Occupational Safety and Health
Administration (OSHA) requirements Alternatively, the OSHA safety requirements may be incorporated
into the uniform, jacket, or rain gear, as long as these items are worn as the outermost garment
C.) UnlawfulActivity
The Tow Operator or it's employees shall not be involved, nor shall the Tow Operator or its employees
become involved in any agreement or activity whether verbal, written or conveyed in any other manner,
any activity or business venture which may be construed as unlawful. lf the City deems the involvement
to be unlawful, the City may immediately terminate this Agreement.
The Tow Operator shall not provide any direct or indirect commission, gift or any compensation to any
person or public or private entity, in consideration of arranging or requesting the services of a tow truck as
provided in section 12110 of the CVC.
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No Tow Operator will be involved or solicit any compensation of any kind including but not limited to
involvement with any other company or business that might result in income or consideration as a result of
any activity initiated by the City.
An example of such a prohibited involvement could include but is not limited to: financial reimbursement
by auto-body repair business for referrals, or towing directly from the scene of a collision to the auto-body
shop without prior unsolicited approval or request by the registered owner, driver or insurance company
representative of the damaged vehicle; kickback to or from a security company or homeowner's
association for "finding" or towing a vehicle from a location, whether private property, public, off street
parking facility or a public roadway. Violation of this provision shall be grounds for immediate termination
by City, without penalty.
D.) Personnel Licenses
Tow Operators providing services under this Agreement, including tow truck drivers, dispatchers and other
offtce personnel, will have sufficient knowledge, experience and capability to ensure safe and proper
discharge of their service responsibilities. lt will be the responsibility of the Tow Operator to ensure that all
of its personnel will be properly licensed in accordance with sections 12500, 12520, and 12804.9 of the
CVC. Alltow truck drivers and tow truck operators shall be enrolled in the "Pull Notice" program as defined
in CVC section1808.1 et seq.. Drivers must complete a CHP approved Tow Operator Course every five
(5) years and copies of completion of the course shall be sent to the City. All Tow Operators and
personnel shall have no criminal record which would preclude them from being placed in a position of trust
while in the service of a law enforcement agency or any crime listed below under the heading of "Criminal
Record."
E.) Fingerprints
All owners and employees who have not previously submitted their "LiveScan" fingerprint samples shall
submit their "LiveScan" fingerprint samples, at their own expense, through the City prior to being awarded
this Agreement, for the purposes of verifying their criminal history with the Department of Justice.
Failure to provide information regarding the identity of the owner, employee, or anyone else with a
financial interest in the Tow Operator will result in termination of this Agreement. The Tow Operator will
provide the City with information regarding any change in employee status immediately and update DTS
to reflect such changes. Failure to comply may result in further disciplinary action, and will be considered
a breach of this Agreement.
After execution of this Agreement, no person shall be employed by the Tow Operator or perform any
service under this Agreement until the background record check and "LiveScan" is completed and
approved by the City and said employee has received their identification badge from the City
Notwithstanding the foregoing, Tow Operators and owners that have towed for the City under the previous
Tow Service Agreement and have completed a new background and "LiveScan" check will be allowed to
continue to tow for the City until such time as the results of the background and "LiveScan" submissions
are reviewed and approved by the City.
Any employee of the Tow Operator that has left employment with said Tow Operator and returned and
been rehired must complete an additional background check before performing services pursuant to this
Agreement
F.) Criminal Record
A conviction of anyone with a financial interest in the Tow Operator, or any employee of the Tow Operator,
including but not limited to any of the following offenses, may be cause for denial of application or
termination of this Agreement:
. Any crimes listed in California Penal Code section 290. DU|-Within 5 years of the Date of Fingerprinting. Vehicle theft. Fraud. Stolen Property. Crimes of Violence. Any felony crime relating to narcotics or any controlled substance. Any other crimes enumerated in CVC section 2432 3
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¡ Actively on parole or on any form of probation
¡ Crime of moral turpitude. Sex, Arson, Narcotics Registrant. Other felony conviction
The City is not required to provide any reason, rationale or factual information in the event it elects to deny
application or remove any of Tow Operator's personnel from providing services for the City under this
Agreement. Tow driver or employee applicants denied under this section may appeal to the Chief of
Police or his/her designee. All decisions by the Chief of Police, or his/her designee, are final.
ln the event the Tow Operator or employee is convicted or is under investigation, the Tow Operator may
be given the opportunity to replace that employee without prejudice to the Agreement. Nothing shall
prohibit the City from removing, suspending or terminating the Agreement. lt will be the responsibility of
the Tow Operator to provide the City with updated information regarding any illegal activity, arrest(s) or
conviction of any Tow Operator and/or employee. For the purpose of this section, any conviction or plea
of guilty or nolo contendre, even to any lesser-included offense, are considered convictions. Failure to
provide information regarding the identity of the employee, or anyone else with a financial interest in the
Tow Operator will result in termination of the Agreement. Failure to provide information to the City of any
information regarding the conviction of any of the above crimes may also result in termination of the
Agreement.
G.) ldentifìcationBadges
Each tow truck driver or employee of the Tow Operator shall wear, in plain view an identification badge,
authorized and issued by the City to that employee, while on any call for service where the City is
involved. lf a tow truck driver responds to a scene without his authorized name badge, the tow truck
driver will be dismissed from the scene and the next Tow Operator in rotation will be called. Failure to
carry an identification badge will be considered a violation as stated in Section 31, "Disciplinary Action," of
this Agreement. The purpose of these badges will be to identify those employees of the Tow Operator
who have been fingerprinted by the City and have passed the record check by the Department of Justice
AII identification badges are the property of the City and will be returned by the Tow Operator to the City
within forty-eight (48) hours of an employee's separation. Tow Operator will provide a current list of all
staff including drivers, dispatchers, etc. Anytime there are any changes to this list, the City is to be notified
by the next business day and provided with an updated and current list.
13. Tow Operator Licensinq and Certification
All licensing and certifications required by Federal, State and local authorities shall be maintained current and
valid at all times as required in CVC sections: 34507.5,34600 et seq, 34620, and 12111, and sections 7231 eI
seq, of the California Revenue and Taxation code. Failure to have any required license or certification, including
any driver who fails to have an appropriate class of license, may be grounds for immediate termination by City
without penalty.
'|-4. Inspection
All real property and improvements thereon, and all vehicle facilities, equipment and materials used by the Tow
Operator in the performance of the services required herein shall be open to inspection by the City or its
authorized representative, and will be subject to no less than one annual inspection. Additional inspections may
be conducted without notice during normal business hours. lnspections may include, but are not limited to, all
books, accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose of auditing
or inspecting any aspect of performance directly related to this Agreement. ln the event that the City determines
that the real property and improvements thereon are insufficient, derelict or fail to meet the requirements as
called out in this Agreement, this Agreement may be terminated by City immediately, without penalty.
15. Vehicle and Equioment Requirements
Tow vehicles will be maintained in compliance with sections 24605, 25253,25300, 27700 and 27907 of the
CVC. Tow vehicles will be of at least 14,000 lbs. GVWR with dual rear wheels, with the ability to tow two (2)
vehicles, or a vehicle and/or a trailer. Tow vehicles must have two-way communication capabilities and the
ability to communicate and connect with the DTS System at all times The Tow Operator shall have equipment
capable of towing from off-road areas, towing from underground facilities, and recovery services with an
adjustable boom with at least five tons of lifting capacity. ln addition to the conventional wheel lift towing
capabilities, the Tow Operator shall maintain at least one or more flatbed or rollback trucks with a minimum of
fifty (50) feet of cable, and the required safety equipment Unless othenvise specified by the City, all Tow
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Operators shall respond to a tow service request with a flatbed or rollback truck as specified above. At the
discretion of the tow operator, a wrecker may be used to respond to a tow service request. lf for any reason the
Tow Operator is unable to complete the tow service request with the wrecker, the Tow Operator will not be
placed back on the top of the rotation list and a new Tow Operator will receive the tow service request.
A 3-axle or 25{on truck is not required equipment. However, Tow Operators that possess this equipment will be
placed on a heavy-duty tow rotation list.
All trucks must have the required emergency lighting, portable stop and tail lamps, a broom, shovel, fire
extinguisher (rating 4-8, C), a utility light, reflective triangles, a large pry-bar, covered trash cans with approved
absorbent, rags, unlocking equipment, dollies (boom trucks), chains, and/or tie downs.
Wheel lift trucks will maintain at least 100 feet of cable and all safety equipment as required by the
manufacturer.
Tow vehicles must have a cable winch of sufficient size and capacity to retrieve vehicles that have gone off
traveled portions of roadways into inundated areas or other inaccessible locations. Winches must have visible
lD tags designating the model, make, serial number, and rated capacity.
All tow trucks used in City tows will be subject to a yearly inspection. This does not preclude the City from
conducting random inspections throughout the year.
16. Vehicleldentification
Tow vehicles shall display identification signs in compliance with section 27907 of the CVC The Tow Operator
shall not display any sign or advertising material that indicates that his tow vehicles are an official police service
of the City.
17. Gharqes and Fees to be collected from Reqistered Owners
All rates and charges shall be conspicuously posted in the office and in all tow vehicles. These rates shall quote
complete charges and fees with no additional fees to be added at a later date. These rates will be available for
review by City personnel and/or the person for whom tow service is provided. All fees collected shall be itemized
and invoiced in DTS in accordance to section 22651.07 of the CVC. lt will be the Tow Operator's responsibility
to collect his bill for service, and the City will not be responsible in any way for these charges. Storage fees wiil
be calculated on the calendar day except the first 24-hours whích is counted as a single day in accordance with
California CivilCode (CCC) 3068.1 (see Attachment B). Allfees listed on the DTS invoice witl be received in the
form of major credit card, debit card, or cash. All fees collected, both City and Tow Operator fees, must be
invoiced through the DTS system prior to release and at the time of payment. No credit card fees will be
charged pursuant to CVC section 22651.1 and CCC section 1748.1 for any portion of the fees. The City
reserves the right to change all payment methods during the term of this agreement.
18. Lien Fees
At no time shall the City be charged a lien fee on a towed or impounded vehicle. No lien shall be attached to
any vehicle that has been impounded by the City until after seventy-two (72) hours from the time of storage as
listed in the DTS system have passed pursuant to section 22851.'12 of the CVC. All lien transactions must be
entered into the DTS system by Tow Operator. Vehicles sold at lien sale shall abide by all laws relating to lien
sales. A vehicle held in impound by the City for thirty (30) days, shall not be sold at lien until such time as is
considered reasonable to allow the registered owner time to pay for and pick up the vehicle before it is sold at
lien, but under no circumstances before the thirty-fifth (35th)day after storage.
The Tow Operator shall abide by all applicable statutes and ordinances concerning disposal of unclaimed
vehicles, including but not necessarily limited to CVC sections 22670,22851',22851.1;2285j2.,22951.3.,
22851.4; 22851.6; 22851 8', 22851.10, 22851.12 and 22852.5.
As described in CVC section 22856, liability for despoliation of evidence shall not arise against the Tow
Operator that sells any vehicle at, or disposes of any vehicle after, a lien sale, as long as the Tow Operator can
show written proof that he was notified in writing by the City that the vehicle would not be needed as evidence in
a legal action. This proof may exist in the form of an official release in the DTS System or any other written
conveyance signed by a member of the City prior to the official, written release of the vehicle.
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19. Reasonableness and Validitv of Fees
Fees charged to the registered owner or any other person for response to calls originating from the City shall be
reasonable and not in excess of those rates charged for similar services provided in response to requests
initiated by any other public agency or private person. During the term of this agreement, the City shall conduct
an annual review each December of towing and storage fees of comparable cities and adjust rates set forth in
Attachment B by the first week of January of the following year.
20. Towinq Operation
All tows performed under this Agreement will be included in the flat rate charge as described in Attachment B.
No additional charges shall be charged without prior approval from the City and written notice is provided in the
DTS System. Any unapproved charges received outside the DTS System will result in immediate termination of
this Agreement and removal from the rotation list.
The Tow Operator shall base towing charges upon the class of vehicle being towed regardless of the class of
the truck used, except when vehicle recovery operations require a larger class truck The Tow Operator may
refer to the tow truck classes and weight ratings as defined by the Towing & Recovery Association of America
(TRAA) vehicle identification guide
21. Service Call Rotation and Fees
The City shall establish a separate rotation list for Tow Operators willing to respond to service requests (out of
gas, lockouts, tire changes, etc.) Rates for a service requests shall not exceed one-half the flat rate charge for a
light duty truck response.
22. Gate Fees
No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding State
recognized holidays as listed below:
New Year's Day
Martin Luther King Day
Presidents'Day
Cesar Chavez Day
Memorial Day
lndependence Day
Labor Day
Veterans'Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
An after hours gate fee may be charged at all other times. The gate fee is not to exceed fifty percent (50%) of
the flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal
property recovery that occurs outside normal business hours (excluding lien fees, storage fees, taxes, or other
additional fees.) The Tow Operator is responsible for assuring that proper gate fees are charged in accordance
with this section. Over charging gate fees will be considered a major violation as outlined in Section 30
All towing and storage fees charged by the Tow Operator are the responsibility of the vehicle's owner and are
not the responsibility of the City. The exception would be evidentiary impounds made at the direction of City
personnel.
23. Cancelled Tow
The City shall not be liable to pay the Tow Operator or anyone else any charge or other fee for a call that does
not result in a chargeable service being rendered by Tow Operator ("Dry Run"). The cancelled Tow Operator
shall be placed back on the top of the rotation list and will receive the next tow in rotation
24. Towed in Error
ln the event the City determines that an error has occurred in impounding a vehicle, it shall be immediately
released to the registered owner without charge and the Tow Operator will be placed back on the top of the
rotation list and will receive the next tow in rotation. ln addition, the Tow Operator will be given one extra tows
on the rotation list. Additional extra tows may be given at the discretion of the Tow Unit.
25. Release Fees
California law authorizes the recovery of funds required to enforce certain provisions of the CVC and promote
traffic safety on public roadways. This authorization falls under CVC section 22850 5 and further authorized by
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City resolutions. These resolutions are open to public view at the City and/or City offices and are on file with the
City's Traffic Bureau. The Tow Operator will collect fees on the behalf of the City from the registered owner,
legal owner or agent of an impounded car.
A City administrative / franchise fee will be charged for the release of a vehicle that has been impounded by the
City. Fees will be established by an independent consulting firm to determine the City's costs associated with
impounding vehicles in accordance with CVC sections 22850.5 and 12110(b). All vehicles impounded will be
charged an administrative / franchise fee for the release of the vehicle. This fee will be established and attached
to each vehicle in the DTS System. The City's administrative fees will be collected at the time of the release by
the Tow Operator. The Tow Operator will pay the City's franchise fees equivalent to the City's administrative
fees for every vehicle that is not picked up by the owner or agent. The Tow Operator will pay the City's
administrative / franchise fees for every.City vehicle that was towed during the preceding month and will pay the
City no later than '12.:00 p.m. on the '15"'of the following month, regardless of the disposition of the vehicle. ln
the event that the 15"' of the month falls on one of the State recognized holidays listed in Section 22 above, or a
weekend, the City's administrative/franchise fee must be paid by 12:00 p m. on the following business day. Tow
Operators who fail to submit the City's administrative / franchise fees to the City by the 1sth day of each month
will be immediately suspended from rotation until all fees are received, and will be subject to appropriate
disciplinary action and civil recourse. The City will keep a strict accounting of these fees through the DTS
System and frequent audits will take place to ensure accurate and timely payment of collected City
administrative / franchise fees. The fee will be listed as an item on the owner's / agent's DTS contractor invoice.
26. UnauthorizedRelease
Unauthorized release of an impounded vehicle, accidental or otherwise, having evidentiary value, not officially
released by the City, and determined to be the fault of the Tow Operator, will result in the issuance of a majoi
violation as set forth in this Agreement. The determination of such fault will be the responsibility of the City.
27. Release of Multi-Dav lmpounds
A vehicle impounded with a multiple day hold may only be released prior to the impound period with written
authorization by the City in the DTS System. The DTS System will automatically schedule the release of an
impounded vehicle.
28. Release of Vehicles
Vehicles may only be released through the DTS System. Once the DTS System authorizes the release of a
stored or impounded vehicle, it is the Tow Operator's responsibility for the vehicle's release. The Tow Operator
is hereby granted authority to release to the registered owner, legal owner, or authorized representative,
pursuant to section 22850.3 of the CVC. At the time of release, the Tow Operator shall have the registered
owner, legal owner, or authorized representative taking possession of the vehicle sign a release indicating that
they are properly licensed and insured to drive a motor vehicle.
29. DisciplinarvAction
The Chief of Police, or his/her designee, shall take disciplinary action against Tow Operators for violations
investigated and sustained. Unless othenvise noted, the Chief of Police, or his/her designee, will determine the
period of suspension and shall retain discretion regarding the length of any suspension imposed pursuant to the
terms and conditions of this Agreement. The City shall retain record of violations for at least the term of this
Agreement.
30. Maior violations
Major violations include any chargeable offense under Federal, State, Local Law and significant violations of this
Agreement. Such violations shall result in suspension or immediate termination of this Agreement. The Chief of
Police, or his/her designee, reserves the right to impose longer periods of suspensions or immediate
termination, if deemed appropriate in his/her sofe discretion. The Chief of Police, or his/her designee, reserves
the right to remove a Tow Operator from the tow rotation during the investigation of a major violation. A
reinstatement from suspension for a major violation will result in a five hundred dollar (9500.00) fee. Suspension
will not be lifted until the reinstatement fee is received by the Chief of Police or his/her designee. ln addition, a
major violation may also result in the Tow Operator's employee being removed from participation in this
Agreement. Examples of major violations include, but are not limited to:
. Physical assault, against public and/or law enforcement. Verbal abuse against public and/or law enforcement. Resisting arrest. Tow Truck Driver under the influence of alcohol or illegal drugs
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. Charging rates that exceed those listed in Attachment B
. Vehicle released without authorization
. Unauthorized access to storage yard
. Theft
. Mishandling of vehicles stored as evidence
. Unauthorized driver responding to call
. Failure to provide information or change of status on any Tow Operator employee or staff
. Substantiated private party impound complaints
. Any Felony/Misdemeanor arrest
. Refusalto take a rotationaltow
. Failure to utilize the DTS System for all City towing related matters
. Repeated late or nonpayment of City franchise fees
. Failure to properly secure storage yard
. Failure to obey a lawful order by law enforcement
31. Minor violations
Minor violations will be given to the Tow Operator in the form of a documented warning for the first violation. The
second violation will be in the form of a documented reprimanded and a one hundred dollar ($100.00) fine.
Repeated minor violations during the term of the Agreement may be treated as a major violation, and the Tow
Operator will be suspended or terminated from this Agreement. A reinstatement from suspension will result in a
five hundred dollar ($500.00) fee. Suspension will not be lifted until the reinstatement fee is received by the
Chief of Police or his/her designee. Examples of minor violations include, but are not limited to.
. Late payment of City franchise fees
. Tow truck drivers not wearing City issued l.D. cards/ proper uniform
. Unauthorized arrival time in excess of thirty (30) minutes, or forty-five (45) minutes during peak hours
. Repeated rejection of dispatched calls
. Other violations of this Agreement not considered a major violation by the Chief of Police or his/her
designee. Unauthorizedride-a-long. Failure to respond to customers' needs
. Failure to maintain proper equipment. Failure to clean up at a collision scene
. Vehicle code infractions
32. Hearinq/Appeal
Tow Operator must have a legal existing interest in the tow operation or entitlement subject to the City order,
citation, decision or determination to have standing to appeal a decision by the Chief of Police or his/her
designee. An appeal that fails to identify the appellant's standing may be rejected as defective.
ln the event FPD serves Tow Operator with disciplinary action amounting to anything less than a suspension
resulting from a minor violation, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow Unit.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension for thirty (30) days or
less resulting from a minor or major violation, the Tow Operator may request a hearing within fifteen (15)
calendar days by submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow
Unit. Upon receipt of a written request for an appeal, and at the discretion of the Chief of Police, or his/her
designee, the Tow Operator may be allowed to continue rotational tows until the final disposition of the appellate
hearing.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension in excess of thirty (30)
days, ortermination of the TSA, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Administrative Hearing Officer by way of the City Manager's Office. The
written appeal shall be in compliance with FMC sections 1-407 and 9-1712. Notwithstanding any provision
within Chapter 1, Article 4 of the FMC, any person who appeals a suspension in excess of thirty (30) days, or a
termination of the TSA shall not be entitled to placement on the Tow Rotation List or to participate in tows until
such time as any appeal hearing has been concluded and the Administrative Hearing Officer finds that no
grounds for a suspension in excess of thirty (30) days, or a termination of the TSA has been established. Tow
Operator's remedy shall be limited to reinstatement on the tow rotation list in such case and no other
compensation or consideration will be allowed.
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ATTACHMENT B
TOW FEES
Flat price per vehicle per call:
Light Duty ToWFlatbed $ 184.00/Each
Medium Duty Tow $ Average CHP Rates Apply
Heavy Duty Tow $ Average CHP Rates Apply
Water Recovery. $ Average CHP Rates Apply
Technoloqv Fee:
DTS Software Fee per Vehicle Towed $ Charge listed in DTS Contract and DTS System
Storaqe Rates:
Passenger cars $ 45.00/Per daY
Motorcycles $ 45.00/Per daY
Trucks or Trailers $ Average CHP Rates Apply
lnside Storaqe Rates:
Passenger cars $ 55.00/Per daY
Motorcycles $ 55.00/Per daY
Trucks or Trailers $ Average CHP Rates Apply
Gate Fee: No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding
State recognized holidays as listed in the Agreement.
An after hours gate fee may be charged at all other times. The gate fee shall not exceed fifty percent (50%) of the
flat rate charge for a light duty tow and may be charged to the vehrcle's owner for releases or personal property
recovery that occur outside normal business hours (excluding lien fees, storage fees, taxes, or other additional
fees).
Non-tow service calls (out of gas, lockouts, and flat tires) shall not exceed one-half the flat rate charge for a light
duty truck response.
Citv of Fresno Administrative / Franchise Fees:
Vehicle Collision Blocking a Roadway $ 60.00
lllegally Parked / Abandoned Vehicle $116.00
Unlicensed Driver / Expired Registration $189.00
Arrested / Suspended Driver $266.00
DUI Driver $450.00
AIt fees tisted on the DTS invoice will be received in the form of major credit card, debit card or cash. lVo
credit card fee will be charged pursuant to CVC section 22651.1 and CCC section 1748.1.
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CITY OF FRESNO
NON-EXCLUSIVE FRANCHISE TOW AGREEMENT
FOR FRESNO POL¡CE DEPARTMENT
This Non-exclusive Franchise Tow Agreement (TSA) is entered into effect on the 28th day of December 2014 set
forth below, at Fresno, California, between the City of Fresno, a municipal corporation (City) and Ark Towing, a
sole proprietorship (the Tow Operator)
This Agreement, including all attachments, contains rules and regulations that a tow company agrees to comply
with in order to participate in the tow operations of the City of Fresno Police Department (FPD). Participation in
the FPD Rotation Tow Program (Tow Program) is voluntary. Compliance with all of the terms and conditions of
the Agreement is mandatory for tow companies participating in the Tow Program. A Tow Operator, by agreeing
to participate in the Tow Program, is not acting as an agent for FPD or City when performing services under thié
Agreement.
1. Governinq Law and Venue
This Agreement shall be governed by, and construed enforced in accordance with, the laws of the State of
California excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue
for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any
rights and duties hereunder shall be the County of Fresno, California.
2. Entire Aqreement
This Agreement, its attachments and exhibits, when accepted by the Tow Operator either in writing or
commencement of performance hereunder, contains the entire Agreement between the parties with respeót to
the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth
herein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by
City in writing
3. Amendments
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the
parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties;
and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in
writing.
4. Assiqnment or Sub Contractinq
The terms, covenants, and conditions contained herein shall apply to the parties. Furthermore, neither the
performance of this Agreement nor any portion thereof may be assigned or subcontracted by Tow Operator
without the express written consent of City. Any attempt by Tow Operator to assign or subcontract the
performance or any portion of this Agreement without the express written consent of City shall be invalid and
shall constitute a breach of this Agreement.
5. PatenUCopvriqht Materials/Proprietarv lnfrinqement
Unless otherwise expressly provided in this Agreement, Tow Operator shall be solely responsible for obtaining a
license or other authorization to use any patented or copyrighted materials in the performance of this
Agreement. Tow Operator warrants that any Software as modified through services provided hereunder will not
infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Tow Operator
agrees that, in accordance with the more specific requirement below, it shall indemnify, defend and hold City
and City lndemnitees harmless from any and all such claims and be responsible for payment of all costs,
damages, penalties and expenses related to or arising from such claim(s), including, but not limited to,
attorney's fees, costs and expenses.
6. Non-Discrimination
ln the performance of this Agreement, Tow Operator agrees that it will comply with the requirements of section
1735 of the California Labor Code and not engage nor permit any Tow Operators to engage in discrimination in
employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, marital status, or sex of such persons. Tow Operator acknowledges that a
violation of this provision shall subject Tow Operator to all the penalties imposed for a violation of anti-
discrimination law or regulation, including but not limited to, section 1720 etseq. of the California Labor Code.
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7. Termination
ln addition to any other remedies or rights it may have by law, City has the right to terminate this Agreement
without penalty immediately with cause and either party may terminate after thirty (30) days written notice
without cause, unless othen¡vise specified. Cause shall be defined as any breach of this Agreement or any
misrepresentation or fraud on the part of the Tow Operator. Exercise by City of its right to terminate the
Agreement shall relieve City of all further obligation
8. Consent to Breach Not Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or
consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any
party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver
of, or excuse for any other different or subsequent breach
9. Remedies Not Exclusive
The remedies for breach set forth in this Agreement are cumulative as to one another and as to any other
provided by law, rather than exclusive; and the expression of certain remedies in this Agreement does not
preclude resort by either party to any other remedies provided by law.
10. lndependent Tow Operator
Tow Operator shall be considered an independent Tow Operator and neither Tow Operator, its employees nor
anyone working under Tow Operator shall be considered an agent or an employee of City. Neither Tow
Operator, its employees nor anyone working under Tow Operator, shall qualify for workers' compensation or
other fringe benefits of any kind through City.
11. Performance
Tow Operator shall perform all work under this Agreement, taking necessary steps and precautions to perform
the work to City's satisfaction. Tow Operator shall be responsible for the professional quality, technical
assurance, timely completion, and coordination of all documentation and other goods/services furnished by Tow
Operator under this Agreement. Tow Operator shall: perform all work diligently, carefully, and in a good and
workman-like manner; furnish all labor, supervision, machinery, equipment, materials, and supplies necessary
therefore; at its sole expense obtain and maintain all permits and licenses required by public authorities,
including those of City required in its governmental capacity, in connection with performance of the work; and, if
permitted to subcontract, be fully responsible for all work performed by sub-Tow Operators.
'12. lndemnification
A) Tow Operator shall indemnify, hold harmless and defend City and each of its officers, officials,
employees, agents and authorized volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to
personal injury, death at any time and property damage) incurred by City, Tow Operator, or any
other person, and from any and all claims, demands and actions in law or equity (including
attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of
performance of this Agreement. Tow Operator's obligations under the preceding sentence shall
apply regardless of whether City or any of its officers, officials, employees, agents or authorized
volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or
damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any
of its officers, officials, employees, agents or authorized volunteers.
B) lf Tow Operator should subcontract all or any portion of the work to be performed under this
Agreement, Tow Operator shall require each subcontractor to indemnify, hold harmless and defend
City and each of its officers, officials, employees, agents and authorized volunteers in accordance
with the terms of the preceding paragraph.
C) This section shall survive termination or expiration of this Agreement.
13. lnsurance
A) Throughout the life of this Agreement, Tow Operator shall pay for and maintain in full force and
effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted
by the California lnsurance Commissioner to do business in the State of California and rated not
less than "A-Vll" in Best's lnsurance Rating Guide, or (ii) authorized by City's Risk Manager. The
following policies of insurance are required:
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5)
B)
1) COMMERCIAL GENERAL LIABILITY insurance which shall be on the most current version of
lnsurance Services Office (lSO) Commercial General Liability Goverage Form CG 00 01 and
include insurance for "bodily injury," "property damage" and "personai and advertising injury'
with coverage for premises and operations, products and completed operations, and
contractual liability (including, without limitation, indemnity obligations under the Agreement)
with limits of liability of not less than $1,000,000 per occurrence for bodily injury and property
damage, $1,000,000 per occurrence for personal and advertising injury and $2,000,000
aggregate for products and completed operations and $2,000,000 general aggregate.
2) GARAGEKEEPERS LEGAL LIABILITY insurance which shall include coveiage for vehicles in
the care, custody, and control of the Tow Operator with limits of liability of not less than
$120,000 per occurrence for property damage.
3) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be on the most current
version of lnsurance Service Office (lSO) Business Auto Coverage Form CA 00 01, and
include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles
(Code 1- Any Auto) with limits of not less than $1,000,000 per accident for bodily injury and
property damage.
4) ON-HOOIICARGO insurance which shall include coverage for vehicles in tow with limits of
liability based on the size of the tow truck, which are as follows:
a) Class A/B tow truck... . ... .. . $120,000b) Class C tow truck... ...$200,000
c) Class D tow truck... $300,000
WORKERS' COMPENSATION insurance as required under the California Labor Code and
EMPLOYERS' LIABILITY insurance with minimum limits of $1,000,000 each accident, $1,000,000
disease policy limit and $1,000,000 disease each employee.
Tow Operator shall be responsible for payment of any deductibles contained in any insurance
policies required hereunder and Tow Operator shall also be responsible for payment of any self-
insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate
of lnsurance and approved by the City's Risk Manager or his/her designee. At the option of the
City's Risk Manager, or his/her designee, either:
1) The ínsurer shall reduce or eliminate such deductibles or self-insured retention as
respects City, its officers, officials, employees, agents and volunteers; or
2) Tow Operation shall provide a financial guarantee, satisfactory to City's Risk Manager, or
his/her designee, guaranteeing payment of losses and related investigations, claim
administration and defense expenses. At no time shall City be responsible for the payment of
any deductibles or self-insured retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30)
calendar days written notice in favor of City of policy cancellation, change or reduction of coverage,
except for the Workers'Compensation policy which shall provide ten (10) calendar days written
notice of such cancellation, change or reduction of coverage. ln the event any policies are due to
expire during the term of this Agreement, Tow Operator shall provide a new certificate and all
applicable endorsements evidencing renewal of such policy prior to the expiration date of the
expiring policy(ies) to the Chief of Police, or his/her designee, and the City's Risk Division Upon
issuance by the insurer, broker, or agent of a notice of cancellation, change or reduction in
coverage, Tow Operator shall file with the Chief of Police, or his/her designee, and the City's Risk
Division, a new certificate and all applicable endorsements for such policy(ies).
The General Liability, Automobile Liability and Garagekeepers Legal Liability insurance policies
shall be written on an occurrence form and shall name City, its officers, officials, agents, employees
and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Tow
Operator's insurance shall be primary with respect to the City, its officers, officials, employees,
agents and authorized volunteers with no contribution required of City. Any Workers' Compensation
insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents,
c)
D)
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employees and authorized volunteers. Tow Operator shall have furnished City with the certificate(s)
and applicable endorsements for ALL required insurance prior to City's execution of the Agreement.
E) The fact that insurance is obtained by Tow Operator shall not be deemed to release or diminish the
liability of Tow Operator, including, without limitation, liability under the indemnity provisions of this
Agreement. City shall apply to all claims and liability regardless of whether any insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by Tow Operator Approval or purchase of any insurance contracts or policies shall in no
way relieve from liability nor limit the liability of Tow Operator, its principals, officers, agents,
employees, persons under the supervision of Tow Operator, vendors, suppliers, invitees,
consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of
them.
F) Upon request of City, Tow Operator shall immediately furnish City with a complete copy of any
insurance policy required under this Agreement, including all endorsements, with said copy certified
by the underwriter to be a true and correct copy of the original policy. This requirement shall survive
expiration or termination of this Agreement.
G) lf at any time during the life of the Agreement or any extension, Tow Operator fails to maintain the
required insurance in full force and effect, all work under this Agreement shall be discontinued
immediately until notice is received by City that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory to City.
Any failure to maintain the required insurance shall be sufficient cause for City to terminate this
Agreement.
H) lf Tow Operator should subcontract all or any portion of the work to be performed, Tow Operator
shall require each subcontractor to provide insurance protection in favor of the City, its officer,
officials, employees, agents and authorized volunteers in accordance with the terms of each of the
preceding paragraphs, except that the subcontractors certificates and endorsements shall be on file
with the Tow Operator and City prior to the commencement of any work by the subcontractor.
14. Bills and Liens
Tow Operator shall pay promptly all indebtedness for labor, materials, and equipment used in performance of
the work Tow Operator shall not permit any lien or charge to attach to the work or the premises, but if any does
so attach, Tow Operator shall promptly procure its release and indemnify, defend, and hold City harmless and
be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related
thereto.
15. Chanqe of Gontrol
Tow Operator agrees that if there is a change or transfer in ownership or control of the Tow Operator's business
prior to completíon of this Agreement, unless such change or transfer is to "immediate family" as defined in
Fresno Municipal Code (FMC) section 3-101(e) and approved in writing by the Chief of Police, or his/her
designee, such change or transfer shall terminate this Agreement. This includes but is not limited to changes in:
Corporate Board Members, Managers, Directors, Treasurer, Trustees, or ownership interests. All changes or
transfers to "immediate family" must be approved by the Chief of Police, or his/her designee, prior to such
change or transfer in order for the Tow Operator to remain on the tow services list. Final written approval or
disapproval for the change or transfer in ownership or control will be given by the Chief of Police or his/her
designee. AII "immediate family" members involved in the potential transfer and operation of the Tow Operator
shall be required to undergo a background check, review, and "Livescan" fingerprint screening. The "immediate
family" members involved in the change or transfer of ownership or control must also possess and keep current
all licensing certificates and insurance as required in this Agreement. The "immediate family" members who will
operate or othenryise be legally responsible for the Tow Operator will be required to execute a new TSA.
A) Tow Operator owners shall be directly involved in the day-to-day operations of their
business and shall not be directly involved in the towing-related business of any other tow
company on, or applicant for, the Tow Rotation List. Co-mingling of operations, business,
offices, board members, and finances is strictly prohibited.
B) lf terminated or suspended, Tow Operator and/or its owner at the time of the suspension or
termination, shall not be eligible for a rotation listing for the duration of the suspension or
termination This section applies to the Tow Operator working in any capacity within any tow
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business or operating any tow business and to the tow business even if operated under new
ownership.
C) Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow
Rotation List, excluding equipment which may be unavailable due to repairs or when there is a need
for equipment replacement and written approval is obtained from the Chief of Police or his/her
designee.
16. Force Maieure
Tow Operator shall not be in breach of this Agreement caused by any act of God, war, civil disorder,
employment strike or other cause beyond its reasonable control, provided Tow Operator gives written notice of
the cause of the delay to City within thirty-six (36) hours of the start of the delay and Tow Operator avails itself of
any available remedies.
17. Confidentialitv
Tow Operator agrees to maintain the confidentiality of all City and City-related records and information pursuant
to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term
of this Agreement All such records and information shall be considered confidential and kept confidential by
Tow Operator and Tow Operator's staff, agents and employees.
18. Compliance with Laws
Tow Operator represents and warrants that services to be provided under this Agreement shall fully comply, at
Tow Operator's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and
regulations, including, but not limited to those issued by City in its governmental capacity and all other laws
applicable to the services at the time services are provided to and accepted by City. Tow Operator
acknowledges that City is relying on Tow Operator to ensure such compliance (collectively Laws) Tow Operator
agrees that it shall defend, indemnify and hold City and City lndemnitees harmless from all liability, damages,
costs, and expenses arising from or related to a violation of Laws.
19. Pricinq
The Agreement price shall include full compensation for providing all required services in accordance with the
Scope of Work attached to this Agreement, and no additional compensation will be allowed therefore, unless
othenvise provided for in this Agreement. Tow Operator shall pay the City Franchise Fees as listed in
Attachment "B", or "City Administrative / Franchise Fees", in accordance with Paragraph 25 of Attachment "4".
20. Terms and Conditions
Tow Operator acknowledges that the undersigned has read and agrees to all terms and conditions included in
this Agreement
21. Severabilitv
lf any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired or invalidated thereby.
22. Galendar Davs
Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless
otherwise expressly provided.
23. Attornev Fees
lf either party is required to commence any proceeding or legal action to enforce any term, covenant or condition
of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other
party its reasonable Attorney's fees and legalexpenses.
24. lnterpretation
This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in
the matters dealt with in this Agreement. ln addition, each pafty has been represented by experienced and
knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel
despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have
not been influenced to any extent whatsoever in executing this Agreement by any other party hereto or by any
person representing them, or both. Accordingly, any rule or law (including California Civil Code section 1654) or
legal decision that would require interpretation of any ambiguities in this Agreement against the party that has
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drafted it is not applicable and is waived The provisions of this Agreement shall be interpreted in a reasonable
manner to affect the purpose of the parties and this Agreement.
25. Authoritv
The parties to this Agreement represent and warrant that this Agreement has been duly authorized and
executed and constitute the legally binding obligation of their respective organization or entity, enforceable in
accordance with its terms.
26. Emplovee Eliqibilitv Verification
Tow Operator warrants that it fully complies with all Federal and State statutes and regulations regarding the
employment of aliens and others and that all its employees performing work under this Agreement meet the
citizenship or alien status requirement set forth in Federal statutes and regulations. Tow Operator shall obtain,
from all employees perform¡ng work hereunder, all verification and other documentation of employment eligibility
status required by Federal or State statutes and regulations including, but not limited to, the lmmigration Reform
and ControlAct of 1986, 8 U.S.C. 51324 et seq., as they currently exist and as they may be hereafter amended.
Tow Operator shall retain all such documentation for all covered employees for the period prescribed by the law.
Tow Operator shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its
agents, officers, and employees from employer sanctions and any other liability which may be assessed against
Tow Operator or City or both in connection with any alleged violation of any Federal or State statutes or
regulations pertaining to the eligibility for employment of any persons performing work under this Agreement.
27. Additional Terms and Conditions
A) Term of Agreement: This Agreement shall commence on December 28, 2014, and shall be
effective for three (3) years from that date, unless otherwise terminated by City.
B) Fiscal Appropriations: This Agreement is subject to and contingent upon applicable budgetary
appropriations being made by the City for each year during the term of this Agreement. lf such
appropriations are not forthcoming, the Agreement will be terminated without penalty. Tow
Operator acknowledges that funding or portions of funding for this Agreement may also be
contingent upon the receipt of funds from, and/or appropriation of funds by City lf such funding
and/or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate
or modify this Agreement without penalty.
C) Gonflict of lnterest (Tow Operator): Tow Operator shall exercise reasonable care and diligence to
prevent any actions or conditions that result in a conflict with the best interest of City. This
obligation shall apply to Tow Operator, Tow Operator's employees, agents, relatives, and third
parties associated with accomplishing the work hereunder. Tow Operator's efforts shall include, but
not be limited to, establishing precautions to prevent its employees or agents from making,
receiving, providing, or offering gifts, entertainment, payments, loans, or other considerations which
could be deemed to appear to influence individuals to act contrary to the best interest of City.
D) Tow Operator Work Hours and Safety Standards: Tow Operator shall ensure compliance with all
safety and hourly requirements for employees, in accordance with federal, state, and City safety
and health regulations and laws.
E) Orderly Termination: Upon termination or other expiration of this Agreement, each party shall
promptly return to the other party all papers, materials, and other properties of the other held by
each for purposes of execution of the Agreement. ln addition, each party will assist the other Party
in orderly termination of this Agreement and the transfer of all aspects, tangible and intangible, as
may be necessary for the orderly, non-dísruptive business continuation of each party.
F) Reprocurement Costs: ln the case of default by Tow Operator, City may procure the service from
other sources and, if the cost is higher, Tow Operator will be held responsible to pay City the
difference between the Agreement cost and the price paid. City may make reasonable efforts to
obtain the prevailing market price at the time such services are rendered. This is in addition to any
other remedies available under law.
G) Authorization Warranty: Tow Operator represents and warrants that the person executing this
Agreement on behalf of and for Tow Operator is an authorized agent who has actual authority to
bind Tow Operator to each and every term, condition, and obligation of this Agreement and that all
requirements of Tow Operator have been fulfilled to provide such actual authority.
o
28.
H) Notices: Any and all notices permitted or required to be given hereunder shall be deemed duly
given ('1)upon actualdelivery, if delivery is by hand; or(2) upon delivery by the United States mail if
delivery is by postage paid registered or certified return receipt requested mail; or (3) through
electronic means such as, email or the Dispatch & Tracking Solutions Software System (DTS).
l) Data - Title to: All materials, documents, data or information obtained from City data files or any
City medium furnished to Tow Operator in the performance of this Agreement will at all times remain
the property of City Such data or information may not be used or copied for direct or indirect use
by Tow Operator after completion or termination of this Agreement without the express written
consent of City. All materials, documents, data or information, including copies, must be returned to
City at the end of this Agreement.
J) Usage: No guarantee is given by City to Tow Operator regarding usage of this Agreement. Usage
figures, if provided, are approximate, based upon the last usage. Tow Operator agrees to supply
services and/or commodities requested, as needed by City, at prices listed in the Agreement,
regardless of quantity requested
K) Tow Operator's Records: Tow Operator shall keep true and accurate accounts, records, books
and data which shall correctly reflect the business transacted by Tow Operator in accordance with
generally accepted accounting principles. These records shall be stored at the Tow Operators
principal place of business for a period of three (3) years after final payment is received by City.
L) Audits/lnspections: Tow Operator agrees to permit City's authorized representative (including
auditors from a private auditing firm hired by City) access during normal working hours to all books,
accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose
of auditing or inspecting any aspect of performance under this Agreement. The inspection and/or
audit will be confined to those matters connected with the performance of the Agreement including,
but not limited to, the costs of administering the Agreement. City reserves the right to audit and
verify Tow Operator's records before or after final payment is made.
Tow Operator agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of records retention is stipulated under this Agreement or
by law. Tow Operator agrees to allow interviews of any employees or others who might reasonably
have information related to such records. Further, Tow Operator agrees to include a similar right to
City to audit records and interview staff of any sub-Tow Operator related to performance of this
Agreement
M) Should Tow Operator cease to exist as a legal entity, Tow Operator's records pertaining to this
Agreement shall be forwarded to the Chief of Police or his/her designee.
Disputes-Aqreement
A) The Parties shall deal in good faith and attempt to resolve potential disputes informally.
1) Tow Operator shall submit to the Chief of Police, or his/her designee, a written demand for a
final decision regarding the disposition of any dispute between the parties arising under,
related to, or involving this Agreement, unless City, on its own initiative, has already rendered
such a final decision.
2) Tow Operator's written demand shall be fully supported by factual information, and, if such
demand involves a cost adjustment to the Agreement, Tow Operator shall include with the
demand a written statement signed by a senior official indicating that the demand is made in
good faith, that the supporting data are accurate and complete, and that the amount
requested accurately reflects the Agreement adjustment for which Tow Operator believes City
is liable.
B) Pending the final resolution of any dispute arising under, related to, or involving this Agreement,
Tow Operator agrees to diligently proceed with the performance of this Agreement Tow Operator's
failure to diligently proceed shall be considered a material breach of this Agreement.
C) Any final decision of City shall be expressly identified as such, shall be in writing, and shall be
signed by the City Hearing Administrative Officer, or Chief of Police, or his/her designee, as
applicable lf City fails to render a decision within ninety (90) days after receipt of Tow Operator's
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demand, it shall be deemed a final decision adverse to Tow Operator's contentions. City's final
decision shall be conclusive and binding regarding the dispute unless Tow Operator commences
action in a court of competent jurisdiction.
29. Breach of Agreement
The failure of the Tow Operator to comply with any of the provisions, covenants or conditions of this Agreement
shall be a material breach of this Agreement. ln such event the City may, and in addition to any other remedies
available at law, in equity, or otherwise specified in this Agreement, undertake any of the individual actions or
any combination of the following actions:
1) Afford the Tow Operator written notice of the breach and ten calendar days or such
shorter time that may be specified in this Agreement within which to cure the
breach;
2) Suspend and/or remove Tow Operator from the rotation;
3) Terminate the Agreement immediately, without any penalty.
The Parties hereto have executed this Agreement
TOW OPERATOR*:
Bv:Title:
Print Name:
Print Name:Date:
*lf a corporation or limited liability company, the document must be signed by two corporate officers. The first signature
must be either the Chairman of the Board, President, or any Vice President. The second signature must be the
secretary, an assistant secretary, the Chief Financial Officer, or any assistant treasurers. ln the alternative, a single
signature is acceptable when accompanied by a corporate document demonstrating the legal authority of the
signature to bind the company.
elnlft
APPROVED AS TO FORM
DOUGLAS T. SLOAN
City At
By Date:w 6f(<-t
ATTEST:
WONNE SPENCE, CMC
City Clerk
By:: Date:
CITY OF FRESNO.
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t z/zz/tl
ATTACHMENT A
SCOPE OF WORK
1. Scope of Work
Tow Operator shall perform the towing, and storage of vehicles as directed by the City, and in addition, such
other services as provided in this Scope of Work, and shall provide necessary storage facility, tow vehicles,
labor, materials, equipment, machinery, and tools. The Tow Operator shall comply with all State laws and
regulations, applicable to tow units and impound, towing, storage, selling or junking of vehicles. Tow operators
must follow all guidelines set forth by equipment manufactures recommendations as to their use and care of all
towing related equipment. All permits and licensing fees as specified under California Vehicle Code (CVC)
sections 34620 through 34624 shall be in fullforce and effect at alltimes during this Agreement. Any violation of
this section will be considered a material breach of the Agreement and may result in immediate termination of
this Agreement.
2. Towinq Services and Duties
It shall be the duty of the Tow Operator, when so directed by the City, to provide prompt tow service for vehicles
which are taken into custody by the City. This includes vehicles involved in collisions or disabled by any other
cause, abandoned in public places or on private property. Vehicles impounded for evidence, impeding the flow
of traffic, or which for any other reason, are within the jurisdiction of the FPD. As required by law, Tow
Operators are to remove from the street all debris resulting from said collisions and to clean the immediate area
of such street (CVC section 27700(a)(1)) lt shall also be the duty to provide for the safety and security of those
vehicles and the contents thereof. These duties are inherent to the job and are to be included in the price of the
basic tow bill.
The tow truck operator shall provide a business card to the registered owner or driver for the vehicle being
towed. The business card shall contain the name, address and phone number of the tow company as well as
the link to the vehicle search system in DTS as follows: www.findmytow.com
Tow truck operators and/or drivers will not be permitted to drive an impounded or recovered stolen vehicle or
vehicle intended for storage from a FPD rotation call or special operation. Any exceptions must be at the
direction of the FPD offìcer in charge of the scene and should be limited to repositioning the vehicle to allow for
towing.
The City has designated two (2) tow companies for evidence impound tows and no other rotation tow company
shall maintain custody over these vehicles at any time. lf an officer impounds a vehicle for evidence and a non-
preference rotational tow is dispatched, it is the responsibility of the tow driver to verify with the officer on scene
as to whether a vehicle is to be held for evidence. lf it is determined that the vehicle is to be held for evidence,
the tow driver must immediately notify the officer on scene that the company is not authorized to handle
evidence impounds and an evidence tow company shall be dispatched. Tow Operator shall then contact the
Tow Unit on the same business day, or within the next business day if such tow occurs after regular business
hours. Acceptance of an evidence tow by a non-designated evidence tow company will result in disciplinary
action and full financial responsibility for all tow and storage fees for each violation.
lf terminated or suspended, Tow Operator and/or owner at the time of the suspension or termination, shall not
be eligible for a rotation listing for the duration of the suspension or termination. This provision applies to the
Tow Operator working in any capacity within any tow business or operating any tow business and to the tow
business even if operated under new ownership.
Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow Rotation List,
excluding equipment which may be unavailable due to repairs or when there is a need for equipment
replacement and written notice has been obtained from FPD.
3. Special Operations
FPD conducts special operations coordinated through the Traffic Bureau throughout the year that requires tow
companies at the location of the special operation. Tow companies on the Tow Rotation List that are in good
standing with FPD may be invited to participate in these operations, provided they are willing to remain with the
special operation until its conclusion and forfeit any rotational tow calls (FPD, California Highway Patrol, or
other) received during the duration of the operation. "Good standing" shall mean that Tow Operator has not
violated, or is not in violation of the terms of this Agreement, the provisions of the FMC, State, or Federal law.
All special operations tows will be subject to the provisions of this Agreement. Tow Operator shall respond to a
9
special operation with a flatbed tow truck with the capability of towing (2) vehicles. No ride alongs will be allowed
on any special operations unless the ride along is the Tow Owner or a Tow Driver who is in training and has
been approved by FPD.
4. Signaqe and hours of Operation
The storage yard or business office shall have a sign that clearly identifies it to the public as a towing service.
The sign shall have letters that are clearly visible to the public from the street and must be visible at night. All
storage facilities must be accessible to City personnel twenty-four (24) hours per day and seven (7) days per
week. The Tow Operator will provide customer service twenty-four (24) hours per day and seven (7) days per
week for the release of vehicles.
Tow Operator shall provide at least one person at a call station to respond and release vehicles within thirty (30)
minutes. Tow Operator shall maintain all signage required pursuant to CVC sections 22850.3 and 22651.07
and include an after-hours contact phone number for Tow Operator.
5. Response Time
Tow Operator shall respond to calls twenty-four (24) hours aday, seven (7) days a week, within the maximum
response time limits as established by the Chief of Police or his/her designee. A reasonable response time is
thirty (30) minutes or less, except during peak hours of 7:00 a.m. to g:00 a.m. and 4:00 p.m. to 6:00 p.m.,
(Monday through Friday), when the required response time will be extended to forty-five (45) minutes or less.
Tow Operator shall respond with a tow truck of the class required to tow the vehicle specified by the DTS
System.
6. Non-Response
The Tow Operator shall update the DTS System at the time of dispatch to a tow rotation request. lf the Tow
Operator is either unable to respond or unable to meet the maximum response time, the tow operator shall
immediately update the DTS System accordingly. lf, after accepting the call, the Tow Operator is unable to
respond or will be delayed in responding, the Tow Operator shall immediately update the DTS system
accordingly.
To decline or refuse to respond will be considered a non-response. Each non-response will be immediately
documented in the DTS System. Each non-response will be logged by the DTS System and reviewed by the
City. lf the fault for the non-response is attributed to other than the Tow Operator, the Tow Operator will be
placed back in the rotational list and called at the next opportunity in line.
One such breach, determined to be the fault of the Tow Operator, will be grounds for written reprimand which
may be subsequent to a meeting between the Tow Operator and the City. A second breach may be grounds for
a (30) thirty-day suspension of this Agreement. A third violation will be considered a material breach of the
Agreement and may result in immediate termination of this Agreement.
ln the case of suspension or termination, all vehicles then in storage at the time of the suspension or termination
remain protected under this Agreement as City's impounds and the Tow Operator is so bound The City will
have the option to remove and/or transfer stored vehicles.
When a Tow Operator will be temporarily unavailable to provide services due to preplanned/scheduled activity,
such as a vacation, maintenance, medical leave, etc., the Tow Operator will notify City in writing via the DTS
system at least forty-eight (48) hours in advance. City reserves the right to deny these requests to maintain
adequate service levels for tow operations. Failure to notify the City will be considered a non-response and a
material breach of this agreement.
7. StoraqeResponsibilities
It shall be the duty of the Tow Operator to provide impound and other storage service for all vehicles as directed
by the City. The Tow Operator shall be responsible for all vehicles, accessories and equipment thereon and all
personal property therein stored by Tow Operator. lt shall be the Tow Operators' duty to protect such stored
vehicles, accessories, equipment, and property against all loss or damage by fire, theft or other causes. The
Tow Operator will have available for review by City personnel, all permits and proof of compliance to all local
zoning, special use, conditional use and special requirements, laws and regulation. lt is the responsibility of the
Tow Operator to ensure vehicles are stored in a secured facility.
8. Size and Location of Storaqe Facilitv
The tow yard shall be located within the City of Fresno's "Metropolitan Area." Metropolitan area is defined as
within the borders of Copper Avenue to the north, American Avenue to the south, DeWolf Avenue to the east,
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and Chateau Fresno to the west. Tow Operator shall be responsible for the security of vehicles and property at
the place of storage. At a minimum, a six (6) foot fence or enclosed secured area is required for outside
storage. A minimum of 5,000 square feet, or room for twenty (20) vehicles, shall be provided. All tow yards
located with the City of Fresno shall be in compliance with the FMC, current Directors Class #208 and shall
follow the current Development and Resource Management Department's Policy and Procedure C-002 lf the
tow facility is located outside the City of Fresno, the tow operator is required to provide written proof that the
yard is in compliance with the authorizing jurisdiction. Tow Operator is responsible for the reasonable care,
custody, and control of any property contained in towed or stored vehicles. The storage facility and business
office will be located at the primary storage yard and shall be maintained in a functional, clean and orderly
fashion. The facility shall have a telephone, on-site fax machine and the necessary computer equipment to
properly run DTS software and to send and receive email.
ln the event of criminal activity at a storage facility, the City may require the Tow Operator to take measures to
assist in preventing such crimes. These measures could include, but are not limited to: the yard being
illuminated during darkness, with security type lighting, to such a degree that visual observation of the entire
yard may be accomplished at all times, improved fencing and/or security patrols.
All vehicles stored or impounded as a result of a tow ordered by the City shall be towed directly to a towing
service storage lot unless the City, or in the case of a citizen's assist, a person legally in charge of the vehicle,
requests that it be taken to some other location.
All vehicles towed as a result of action taken by the City will be stored at the Tow Operator's principal place of
business unless directed otheruvise by the City's Tow Coordinator. Vehicles stored at an auxiliary storage facility
will be considered a breach of this Agreement. The Tow Operator shall not remove personal property from a
stored vehicle. lf the registered owner removes personal property from a stored vehicle, the Tow Operator will
maintain documentation of such and will require a signed receipt from the registered owner for property
released. The Tow Operator shall immediately notify the City if any contraband, weapons or hazardous
materials are found in the vehicle(s).
9. Enclosed Facilitv
The Tow Operator may maintain, without charge to the City or any other person, separate and enclosed garage
facilities no less than 1,000 square feet of clean working space. The facility must be constructed to include a
roof and at least four walls of substantial design to withstand the elements and protect the vehicles from the
weather. The facility should have a concrete floor and sufficient lighting. This inside facility must be located at
the Tow Operator's primary storage yard. This inside facility is not required to qualify for the City's rotation,
however, when inside storage is requested for a particular vehicle, the next Tow Operator in line meeting the
needs of the City's request will be used.
10. DTS Requirements
Tow Operator shall utilize the most recent, updated and upgraded DTS software program, to dispatch and track,
via a web-based lnternet connection. Tow Operators will be required to enter the towed vehicle information as
instructed by the City. At no time will a vehicle be released, subject to lien, or junked from impound without all
required data fields being entered into the DTS system by the Tow Operator. The Tow Operator shall clearly
identify and enter into DTS the name of the person to whom the vehicle was actually released. All City tow
requests shall be made utilizing this program. Failure at any time to have the DTS program in full operation shall
cause the immediate removal of the Tow Operator from the tow rotation and be grounds for immediate
termination by City. Tow Operator must enter into a separate agreement, or license for the DTS software
program with the owner of that proprietary software. The City shall not provide the DTS software program, any
licensing or sub-licensing thereof or any intermediary services for the procurement by Tow Operator of the DTS
software program. This Agreement shall not be executed by the City until Tow Operator has demonstrated to
the City's satisfaction compliance with the requirements set forth herein. Tow Operator shall be liable for all
fees, charges, prices, rates and service charges required from DTS. DTS shall be utilized in "real time" and all
entries should reflect as such. lnvoices shall be used from DTS when releasing vehicles and be pursuant to
section 22651.07 of the CVC. The only Tow Operator personnel authorized to utilize and access DTS are those
that have fully complied with the provisions set forth in Section 12,"Tow Operator Personnel" of this Agreement.
lf the Tow Operator is not in FULL compllance with the above stated requirement, the Tow Operator will be
removed from the City towing rotation. ln the event that DTS fails to provide software services, or the City elects
to utilize a new software provider, the Tow Operator will be required to use the replacement towing software
system. lf that occurs, all references to DTS in this Agreement shall instead be interpreted as references to the
new software program.
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11. Official Notification bv Citv Reqardinq Tow
Official notification by City regarding tow services is considered any form of written, email, verbal instructions or
notiflcations received from an authorized City employee or electronic notice from the DTS program. lf the Tow
Operator receives verbal instructions or notifications from a City employee the Tow Operator must respond to
City, by 5:00 p.m. (PST) on the next business day.
12. Tow Operator Personnel
A.) Conduct
The Tow Operator shall perform the services required of it in an ethical, orderly manner, endeavoring to
obtain and keep the confidence of the public. At no time will the Tow Operator or its agent or any
employee of the Tow Operator exhibit any of the following behavior: rudeness, or otherwise being
uncooperative, argumentative, threatening, incompetent or acting in a dangerous manner with any City
employee, or with any member of the public. The City reserves the right to cancel an individual tow
assignment, if in the opinion of the City, the Tow Operator is acting in a rude, uncooperative,
argumentative, threatening, incompetent or dangerous manner. The City also reserves the right to cancel
an individual tow assignment if in the opinion of the City the Tow Operator is likely to damage the vehicle
for which the tow service was called. Other examples of unacceptable behavior include but are not limitedto: profanity, abusive language, disconnecting telephone calls for public inquiries regarding a tow,
threatening, aggressive, or assertive language, failure to provide timely information or documents in
response to a public or City inquiry, lack of respect to any City personnel or member of the public,
destruction or damaging of evidence, failure to comply with the reasonable request of a member of the
public, failure to release vehicle in a timely manner, failure to make appointment for release of vehicle
during evening or weekend hours, failure to promptly be on site at time of appointment for release of
vehicle during evening or weekend hours, impeding an investigation or any other conduct which the City
deems unprofessional.
lf the Tow Operator is found to be in violation of this conduct clause, the City will cancel the Tow Operator
and request the next Tow Operator in rotation. Any such behavior as set forth above shall be considered
a material breach of this Agreement and may be grounds for immediate suspension or immediate
termination by the City, without penalty.
B.) PersonnelAppearance
Tow Operators shall be required to furnish their employees with a distinctive company uniform. Each
uniform shall have the firm's name, as well as the employee's name, in a conspicuous place. The tow
company's name and driver's first name shall be clearly visible at all times, meaning that protective or
inclement weather outer garments must meet this standard. Each employee shall have sufficient uniforms
so as to maintain a neat, clean appearance at all times. Minimum requirements for uniforms include a
shirt, long pants, and appropriate safety shoes. All drivers shall be in uniform before any towing or service
operation begins No wording, designs, photos, gestures, or anything that could be considered offensive
or obscene to the general public shall be displayed by the Tow Operators or on any part of the uniform.
Dress standards are required in order to project a professional and positive image to the public.
All employees must be neat, clean and well groomed in appearance. ln order to ensure a professional
appearance, all tattoos must be concealed by operators while working. Personnel will be required to
conceal any tattoos with gloves, collars, long sleeves, or by other means acceptable to the City. Facial
tattoos of any variety are not permitted. No facial piercings shall be worn while on duty.
Drivers shall wear safety vests or reflectorized clothing that conforms to Occupational Safety and Health
Administration (OSHA) requirements. Alternatively, the OSHA safety requirements may be incorporated
into the uniform, jacket, or rain gear, as long as these items are worn as the outermost garment.
C.) UnlawfulActivity
The Tow Operator or it's employees shall not be involved, nor shall the Tow Operator or its employees
become involved in any agreement or activity whether verbal, written or conveyed in any other manner,
any activity or business venture which may be construed as unlawful lf the City deems the involvement
to be unlawful, the City may immediately terminate this Agreement.
The Tow Operator shall not provide any direct or indirect commission, gift or any compensation to any
person or public or private entity, in consideration of arranging or requesting the services of a tow truck as
provided in section 12110 of the CVC.
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No Tow Operator will be involved or solicit any compensation of any kind including but not limited to
involvement with any other company or business that might result in income or consideration as a result of
any activity initiated by the City.
An example of such a prohibited involvement could include but is not limited to: financial reimbursement
by auto-body repair business for referrals, or towing directly from the scene of a collision to the auto-body
shop without prior unsolicited approval or request by the registered owner, driver or insurance company
representative of the damaged vehicle; kickback to or from a security company or homeowner's
association for "finding" or towing a vehicle from a location, whether private property, public, off street
parking facility or a public roadway. Violation of this provision shall be grounds for immediate termination
by City, without penalty.
D.) Personnel Licenses
Tow Operators providing services under this Agreement, including tow truck drivers, dispatchers and other
office personnel, will have sufficient knowledge, experience and capability to ensure safe and proper
discharge of their service responsibilities. lt will be the responsibility of the Tow Operator to ensure that all
of its personnel will be properly licensed in accordance with sections 12500, 12520, and 12804.9 of the
CVC. All tow truck drivers and tow truck operators shall be enrolled in the "Pull Notice" program as defined
in CVC section1808.1 et seq. Drivers must complete a CHP approved Tow Operator Course every five
(5) years and copies of completion of the course shall be sent to the City. All Tow Operators and
personnelshall have no criminalrecord which would preclude them from being placed in a position of trust
while in the service of a law enforcement agency or any crime listed below under the heading of "Criminal
Record."
E.) Fingerprints
All owners and employees who have not previously submitted their "LiveScan" fingerprint samples shall
submit their "LiveScan" fingerprint samples, at their own expense, through the City prior to being awarded
this Agreement, for the purposes of verifying their criminal history with the Department of Justice.
Failure to provide information regarding the identity of the owner, employee, or anyone else with a
financial interest in the Tow Operator will result in termination of this Agreement. The Tow Operator will
provide the City with information regarding any change in employee status immediately and update DTS
to reflect such changes. Failure to comply may result in further disciplinary action, and will be considered
a breach of this Agreement.
After execution of this Agreement, no person shall be employed by the Tow Operator or perform any
service under this Agreement until the background record check and "LiveScan" is completed and
approved by the City and said employee has received their identification badge from the City.
Notwithstanding the foregoing, Tow Operators and owners that have towed for the City under the previous
Tow Service Agreement and have completed a new background and "LiveScan" check will be allowed to
continue to tow for the City until such time as the results of the background and "LiveScan" submissions
are reviewed and approved by the City.
Any employee of the Tow Operator that has left employment with said Tow Operator and returned and
been rehired must complete an additional background check before performing services pursuant to this
Agreement
F.) Criminal Record
A conviction of anyone with a financial interest in the Tow Operator, or any employee of the Tow Operator,
including but not limited to any of the following offenses, may be cause for denial of application or
termination of this Agreement:
. Any crimes listed in California Penal Code section 290. DU|-Within 5 years of the Date of Fingerprinting. Vehicle theft. Fraud. Stolen Property. Crimes of Violence. Any felony crime relating to narcotics or any controlled substance
. Any other crimes enumerated in CVC section 2432.3
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. Act¡vely on parole or on any form of probation
. Crime of moralturpitude. Sex, Arson, Narcotics Registrant. Other felony conviction
The City is not required to provide any reason, rationale or factual information in the event it elects to deny
application or remove any of Tow Operator's personnel from providing services for the City under this
Agreement. Tow driver or employee applicants denied under this section may appeal to the Chief of
Police or his/her designee. All decisions by the Chief of Police, or his/her designee, are final.
ln the event the Tow Operator or employee is convicted or is under investigation, the Tow Operator may
be given the opportunity to replace that employee without prejudice to the Agreement. Nothing shall
prohibit the City from removing, suspending or terminating the Agreement. lt will be the responsibility of
the Tow Operator to provide the City with updated information regarding any illegal activity, arrest(s) or
conviction of any Tow Operator and/or employee. For the purpose of this section, any conviction or plea
of guilty or nolo contendre, even to any lesser-included offense, are considered convictions. Failure to
provide information regarding the identity of the employee, or anyone else with a financial interest in the
Tow Operator will result in termination of the Agreement. Failure to provide information to the City of any
information regarding the conviction of any of the above crimes may also result in termination of the
Agreement.
G.) ldentificationBadges
Each tow truck driver or employee of the Tow Operator shall wear, in plain view an identification badge,
authorized and issued by the City to that employee, while on any call for service where the City is
involved. lf a tow truck driver responds to a scene without his authorized name badge, the tow truck
driver will be dismissed from the scene and the next Tow Operator in rotation will be called. Failure to
carry an identification badge will be considered a violation as stated in Section 31, "Disciplinary Action," of
this Agreement. The purpose of these badges will be to identify those employees of the Tow Operator
who have been fingerprinted by the City and have passed the record check by the Department of Justice.
All identification badges are the property of the City and will be returned by the Tow Operator to the City
within forty-eight (48) hours of an employee's separation. Tow Operator will provide a current list of all
staff including drivers, dispatchers, etc. Anytime there are any changes to this list, the City is to be notified
by the next business day and provided with an updated and current list.
13. Tow Ooerator Licensinq and Certification
All licensing and certifications required by Federal, State and local authorities shall be maintained current and
valid at all times as required in CVC sections: 34507.5, 34600 et seq, 34620, and 12111, and sections 7231 el
seq, of the California Revenue and Taxation code. Failure to have any required license or certification, including
any driver who fails to have an appropriate class of license, may be grounds for immediate termination by City
without penalty.
14. Inspection
All real property and improvements thereon, and all vehicle facilities, equipment and materials used by the Tow
Operator in the performance of the services required herein shall be open to inspection by the City or its
authorized representative, and will be subject to no less than one annual inspection. Additional inspections may
be conducted without notice during normal business hours lnspections may include, but are not limited to, all
books, accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose of auditing
or inspecting any aspect of performance directly related to this Agreement. ln the event that the City determines
that the real property and improvements thereon are insufficient, derelict or fail to meet the requirements as
called out in this Agreement, this Agreement may be terminated by City immediately, without penalty.
15. Vehicle and Equioment Requirements
Tow vehicles will be maintained in compliance with sections 24605, 25253, 25300, 27700 and 27907 of the
CVC. Tow vehicles will be of at least 14,000 lbs. GVWR with dual rear wheels, with the ability to tow two (2)
vehicles, or a vehicle and/or a trailer. Tow vehicles must have two-way communication capabilities and the
ability to communicate and connect with the DTS System at all times. The Tow Operator shall have equipment
capable of towing from off-road areas, towing from underground facilities, and recovery services with an
adjustable boom with at least five tons of lifting capacity. ln addition to the conventional wheel lift towing
capabilities, the Tow Operator shall maintain at least one or more flatbed or rollback trucks with a minimum of
fifty (50) feet of cable, and the required safety equipment. Unless otherwise specified by the City, all Tow
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Operators shall respond to a tow service request with a flatbed or rollback truck as specified above. At the
discretion of the tow operator, a wrecker may be used to respond to a tow service request. lf for any reason the
Tow Operator is unable to complete the tow service request with the wrecker, the Tow Operator will not be
placed back on the top of the rotation list and a new Tow Operator will receive the tow service request.
A 3-axle or 25-ton truck is not required equipment However, Tow Operators that possess this equipment will be
placed on a heavy-duty tow rotation list.
All trucks must have the required emergency lighting, portable stop and tail lamps, a broom, shovel, fire
extinguisher (rating 4-8, C), a utility light, reflective triangles, a large pry-bar, covered trash cans with approved
absorbent, rags, unlocking equipment, dollies (boom trucks), chains, and/or tie downs.
Wheel lift trucks will maintain at least 100 feet of cable and all safety equipment as required by the
manufacturer.
Tow vehicles must have a cable winch of sufficient size and capacity to retrieve vehicles that have gone off
traveled portions of roadways into inundated areas or other inaccessible locations Winches must have visible
lD tags designating the model, make, serial number, and rated capacity.
All tow trucks used in City tows will be subject to a yearly inspection. This does not preclude the City from
conducting random inspections throughout the year.
16. Vehicleldentification
Tow vehicles shall display identification signs in compliance with section 27907 of the CVC. The Tow Operator
shall not display any sign or advertising material that indicates that his tow vehicles are an official police service
of the City.
17. Gharqes and Fees to be collected from Reqistered Owners
All rates and charges shall be conspicuously posted in the office and in all tow vehicles. These rates shall quote
complete charges and fees with no additional fees to be added at a later date These rates will be available for
review by City personnel and/or the person for whom tow service is provided. All fees collected shall be itemized
and invoiced in DTS in accordance to section 22651.07 of the CVC. lt will be the Tow Operator's responsibility
to collect his bill for service, and the City will not be responsible in any way for these charges Storage fees will
be calculated on the calendar day except the first 24-hours which is counted as a single day in accordance with
California Civil Code (CCC) 3068.1 (see Attachment B). Allfees listed on the DTS invoice will be received in the
form of major credit card, debit card, or cash. All fees collected, both City and Tow Operator fees, must be
invoiced through the DTS system prior to release and at the time of payment. No credit card fees will be
charged pursuant to CVC section 22651.1 and CCC section 1748.1 for any portion of the fees. The City
reserves the right to change all payment methods during the term of this agreement.
18. Lien Fees
At no time shall the City be charged a lien fee on a towed or impounded vehicle. No lien shall be attached to
any vehicle that has been impounded by the City until after seventy-two (72) hours from the time of storage as
listed in the DTS system have passed pursuantto section 22851.12of Ihe CVC. All lien transactions must be
entered into the DTS system by Tow Operator. Vehicles sold at lien sale shall abide by all laws relating to lien
sales A vehicle held in impound by the City for thirty (30) days, shall not be sold at lien until such time as is
considered reasonable to allow the registered owner time to pay for and pick up the vehicle before it is sold at
lien, but under no circumstances before the thirty-fifth (35'") day after storage.
The Tow Operator shall abide by all applicable statutes and ordinances concerning disposal of unclaimed
vehicles, including but not necessarily limited to CVC sections 22670',22851',22851.1;22851.2;22851.3,
22851 .4; 22851 .6: 22851 8: 22851 .1 0, 22851 .12 and 22852.5.
As described in CVC section 22856, liability for despoliation of evidence shall not arise against the Tow
Operator that sells any vehicle at, or disposes of any vehicle after, a lien sale, as long as the Tow Operator can
show written proof that he was notified in writing by the City that the vehicle would not be needed as evidence in
a legal action This proof may exist in the form of an official release in the DTS System or any other written
conveyance signed by a member of the City prior to the official, written release of the vehicle.
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19. Reasonableness and Validitv of Fees
Fees charged to the registered owner or any other person for response to calls originating from the City shall be
reasonable and not in excess of those rates charged for similar services provided in response to requests
initiated by any other public agency or private person. During the term of this agreement, the City shall conduct
an annual review each December of towing and storage fees of comparable cities and adjust rates set forth in
Attachment B by the first week of January of the following year.
20. Towinq Operation
All tows performed under this Agreement will be included in the flat rate charge as described in Attachment B.
No additional charges shall be charged without prior approval from the City and written notice is provided in the
DTS System. Any unapproved charges received outside the DTS System will result in immediate termination of
this Agreement and removal from the rotation list.
The Tow Operator shall base towing charges upon the class of vehicle being towed regardless of the class of
the truck used, except when vehicle recovery operations require a larger class truck. The Tow Operator may
refer to the tow truck classes and weight ratings as defined by the Towing & Recovery Association of America
(TRAA) vehicle identification guide.
21. Service Call Rotation and Fees
The City shall establish a separate rotation list for Tow Operators willing to respond to service requests (out of
gas, lockouts, tire changes, etc.) Rates for a service requests shall not exceed one-half the flat rate charge for a
light duty truck response.
22. Gate Fees
No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding State
recognized holidays as listed below:
New Year's Day
Martin Luther King Day
Presidents'Day
Cesar Chavez Day
Memorial Day
lndependence Day
Labor Day
Veterans'Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
An after hours gate fee may be charged at all other times. The gate fee is not to exceed fifty percent (50%) of
the flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal
property recovery that occurs outside normal business hours (excluding lien fees, storage fees, taxes, or other
additional fees.) The Tow Operator is responsible for assuring that proper gate fees are charged in accordance
with this section. Over charging gate fees will be considered a major violation as outlined in Section 30
All towing and storage fees charged by the Tow Operator are the responsibility of the vehicle's owner and are
not the responsibility of the City. The exception would be evidentiary impounds made at the direction of City
personnel.
23. Cancelled Tow
The City shall not be liable to pay the Tow Operator or anyone else any charge or other fee for a call that does
not result in a chargeable service being rendered by Tow Operator ("Dry Run"). The cancelled Tow Operator
shall be placed back on the top of the rotation list and will receive the next tow in rotation.
24. Towed in Error
ln the event the City determines that an error has occurred in impounding a vehicle, it shall be immediately
released to the registered owner without charge and the Tow Operator will be placed back on the top of the
rotation list and will receive the next tow in rotation ln addition, the Tow Operator will be given one extra tows
on the rotation list. Additional extra tows may be given at the discretion of the Tow Unit.
25. Release Fees
California law authorizes the recovery of funds required to enforce certain provisions of the CVC and promote
traffìc safety on public roadways. This authorization falls under CVC section 22850.5 and further authorized by
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City resolutions. These resolutions are open to public view at the City and/or City offices and are on file with the
City's Traffic Bureau The Tow Operator will collect fees on the behalf of the City from the registered owner,
legal owner or agent of an impounded car.
A City administrative / franchise fee will be charged for the release of a vehicle that has been impounded by the
City. Fees will be established by an independent consulting firm to determine the City's costs associated with
impounding vehicles in accordance with CVC sections22850.5 and 12110(b). All vehicles impounded will be
charged an administrative / franchise fee for the release of the vehicle This fee will be established and attached
to each vehicle in the DTS System. The City's administrative fees will be collected at the time of the release by
the Tow Operator. The Tow Operator will pay the City's franchise fees equivalent to the City's administrative
fees for every vehicle that is not picked up by the owner or agent. The Tow Operator will pay the City's
administrative / franchise fees for every,City vehicle that was towed during the preceding month and will pay the
City no later than 12.-00 p.m. on the 15'n of the following month, regardless of the disposition of the vehicte. ln
the event that the 15"' of the month falls on one of the State recognized holidays listed in Section 22 above, or a
weekend, the City's administrative/franchise fee must be paid by 12:00 p.m. on the following business day. Tow
Operators who fail to submit the City's administrative / franchise fees to the City by the 15'n day of each month
will be immediately suspended from rotation until all fees are received, and will be subject to appropriate
disciplinary action and civil recourse. The City will keep a strict accounting of these fees through the DTS
System and frequent audits will take place to ensure accurate and timely payment of collected City
administrative / franchise fees. The fee will be listed as an item on the owner's / agent's DTS contractor invoice.
26. UnauthorizedRelease
Unauthorized release of an impounded vehicle, accidental or otherwise, having evidentiary value, not officially
released by the City, and determined to be the fault of the Tow Operator, will result in the issuance of a major
violation as set forth in this Agreement. The determination of such fault will be the responsibility of the City.
27. Release of Multi-Dav lmpounds
A vehicle impounded with a multiple day hold may only be released prior to the impound period with written
authorization by the City in the DTS System. The DTS System will automatically schedule the release of an
impounded vehicle.
28. Release of Vehicles
Vehicles may only be released through the DTS System. Once the DTS System authorizes the release of a
stored or impounded vehicle, it is the Tow Operator's responsibility for the vehicle's release. The Tow Operator
is hereby granted authority to release to the registered owner, legal owner, or authorized representative,
pursuant to section 22850.3 of the CVC. At the time of release, the Tow Operator shall have the registered
owner, legal owner, or authorized representative taking possession of the vehicle sign a release indicating that
they are properly licensed and insured to drive a motor vehicle.
29. DisciplinarvAction
The Chief of Police, or his/her designee, shall take disciplinary action against Tow Operators for violations
investigated and sustained. Unless otherwise noted, the Chief of Police, or his/her designee, will determine the
period of suspension and shall retain discretion regarding the length of any suspension imposed pursuant to the
terms and conditions of this Agreement. The City shall retain record of violations for at least the term of this
Agreement.
30. Maior violations
Major violations include any chargeable offense under Federal, State, Local Law and significant violations of this
Agreement. Such violations shall result in suspension or immediate termination of this Agreement. The Chief of
Police, or his/her designee, reserves the right to impose longer periods of suspensions or immediate
termination, if deemed appropriate in his/her sole discretion. The Chief of Police, or his/her designee, reserves
the right to remove a Tow Operator from the tow rotation during the investigation of a major violation. A
reinstatement from suspension for a major violation will result in a five hundred dollar ($500.00) fee. Suspension
will not be lifted until the reinstatement fee is received by the Chief of Police or his/her designee. ln addition, a
major violation may also result in the Tow Operator's employee being removed from participation in this
Agreement. Examples of major violations include, but are not limited to:
. Physical assault, against public and/or law enforcement. Verbal abuse against public and/or law enforcement. Resisting arrest. Tow Truck Driver under the influence of alcohol or illegal drugs
-17 -
. Charging rates that exceed those listed in Attachment B
. Vehicle released without authorization
o Unauthorized access to storage yard
o Theft
. Mishandling of vehicles stored as evidence. Unauthorized driver responding to call
o Failure to provide information or change of status on any Tow Operator employee or staff. Substantiated private party impound complaints. Any Felony/Misdemeanor arrest
o Refusal to take a rotational tow
. Failure to utilize the DTS System for all City towing related matters
. Repeated late or nonpayment of City franchise fees. Failure to properly secure storage yard
. Failure to obey a lawful order by law enforcement
31. Minor violations
Minor violations will be given to the Tow Operator in the form of a documented warning for the first violation. The
second violation will be in the form of a documented reprimanded and a one hundred dollar ($100.00) fine.
Repeated minor violations during the term of the Agreement may be treated as a major violation, and the Tow
Operator will be suspended or terminated from this Agreement. A reinstatement from suspension will result in a
five hundred dollar ($500.00) fee. Suspension will not be lifted until the reinstatement fee is received by the
Chief of Police or his/her designee. Examples of minor violations include, but are not limited to:
o Late payment of City franchise fees
o Tow truck drivers not wearing City issued l.D. cards/ proper uniform. Unauthorized arrival time in excess of thirty (30) minutes, or forty-five (45) minutes during peak hourso Repeated rejection of dispatched callso Other violations of this Agreement not considered a major violation by the Chief of Police or his/her
designee. Unauthorizedride-a-long. Failure to respond to customers' needs. Failure to maintain proper equipment. Failure to clean up at a collision sceneo Vehicle code infractions
32. Hearinq/Appeal
Tow Operator must have a legal existing interest in the tow operation or entitlement subject to the City order,
citation, decision or determination to have standing to appeal a decision by the Chief of Police or his/her
designee. An appeal that fails to identify the appellant's standing may be rejected as defective.
ln the event FPD serves Tow Operator with disciplinary action amounting to anything less than a suspension
resulting from a minor violation, the Tow Operator may request a hearing within fifteen (,15) calendar days by
submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow Unit
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension for thirty (30) days or
less resulting from a minor or major violation, the Tow Operator may request a hearing within fifteen (15)
calendar days by submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow
Unit. Upon receipt of a written request for an appeal, and at the discretion of the Chief of Police, or his/her
designee, the Tow Operator may be allowed to continue rotational tows until the final disposition of the appellate
hearing.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension in excess of thirty (30)
days, or termination of the TSA, the Tow Operator may request a hearing within fìfteen (15) calendar days by
submitting an appeal in writing to the Administrative Hearing Officer by way of the City Manager's Office. The
written appeal shall be in compliance with FMC sections 1-407 and 9-1712. Notwithstanding any provision
within Chapter 1, Article 4 of the FMC, any person who appeals a suspension in excess of thirty (30) days, or a
termination of the TSA shall not be entitled to placement on the Tow Rotation List or to participate in tows until
such time as any appeal hearing has been concluded and the Administrative Hearing Offrcer finds that no
grounds for a suspension in excess of thirty (30) days, or a termination of the TSA has been established. Tow
Operator's remedy shall be limited to reinstatement on the tow rotation list in such case and no other
compensation or consideration will be allowed.
-18-
ATTACHMENT B
TOW FEES
Flat price per vehicle per call:
Light Duty Tow/Flatbed $ 184.00/Each
Medium Duty Tow $ Average CHP Rates Apply
Heavy Duty Tow $ Average CHP Rates Apply
Water Recovery. $ Average CHP Rates Apply
Technoloqv Fee:
DTS Software Fee per Vehicle Towed $ Charge listed in DTS Contract and DTS System
Storaqe Rates:
Passenger cars $ 45.00/per dayMotorcycles $ 45.00/per day
Trucks or Trailers $ Average CHP Rates Apply
lnside Storaqe Rates:
Passenger cars $ 55.00/per dayMotorcycles $ 55.00/per day
Trucks or Trailers $ Average CHP Rates Apply
Gate Fee: No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding
State recognized holidays as listed in the Agreement.
An after hours gate fee may be charged at all other times. The gate fee shall not exceed fifty percent (50%) of the
flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal property
recovery that occur outside normal business hours (excluding lien fees, storage fees, taxes, or other additional
fees).
Non-tow service calls (out of gas, lockouts, and flat tires) shall not exceed one-half the flat rate charge for a light
duty truck response.
Citv of Fresno Administrative / Franchise Fees:
Vehicle Collision Blocking a Roadway $ 60.00
lllegally Parked / Abandoned Vehicle $116.00
Unlicensed Driver / Expired Registration $189.00
Arrested / Suspended Driver $266.00
DUI Driver $450.00
All fees listed on the DTS invoice will be received in the form of major credit card, debit card or cash. No
credit card fee will be charged pursuant to CVC section 22651.1 and CCC section 1748.1.
-19-
CITY OF FRESNO
NON-EXCLUSIVE FRANCHISE TOW AGREEMENT
FOR FRESNO POLICE DEPARTMENT
This Non-exclusive Franchise Tow Agreement (TSA) is entered into effect on the 28th day of December 2014 set
forth below, at Fresno, California, between the City of Fresno, a municipal corporation (City) and B&K Towing, a
sole proprietorship (the Tow Operator).
all attachments, contains rules and regulations that a tow company agrees to comply
in the tow operations of the City of Fresno Police Department (FPD). Participation in
gram (Tow Program) is voluntary. Compliance with all of the terms and conditions of
the Agreement is mandatory for tow companies participating in the Tow Program A Tow Operator, by agreeing
to participate in the Tow Program, is not acting as an agent for FPD or City when performing services-under thii
Agreement.
1. Governinq Law and Venue
This Agreement shall be governed by, and construed enforced in accordance with, the laws of the State of
California excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue
for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any
rights and duties hereunder shall be the County of Fresno, California.
2. Entire Aqreement
This Agreement, its attachments and exhibits, when accepted by the Tow Operator either in writing or
commencement of performance hereunder, contains the entire Agreement between the parties with respeðt to
the matters herein, and there are no restrictions, promises, warranties or undertakings oher than those set forthherein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by
City in writing.
3. Amendments
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by theparties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties;
and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in
writing.
4. Assiqnment or Sub Contractinq
The terms, covenants, and conditions contained herein shall apply to the parties Furthermore, neither theperformance of this Agreement nor any portion thereof may be assigned or subcontracted by Tow Operator
without the express written consent of City. Any attempt by Tow Operator to assign or subcontract theperformance or any portion of this Agreement without the express written consent of City shall be invalid and
shall constitute a breach of this Agreement.
5. PatenUCopvriqhtMaterials/Proprietarvlnfrinqement
Unless otherwise expressly provided in this Agreement, Tow Operator shall be solely responsible for obtaining alicense or other authorization to use any patented or copyrighted materials in the performance of this
Agreement. Tow Operator warrants that any Software as modified through services provided hereunder will not
infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Tow Operator
agrees that, in accordance with the more specific requirement below, it shall indemnify, defend and hold City
and City lndemnitees harmless from any and all such claims and be responsible for payment of all costs
damages, penalties and expenses related to or arising from such claim(s), including,
'but not limited to,
attorney's fees, costs and expenses.
6. Non-Discrimination
ln the performance of this Agreement, Tow Operator agrees that it will comply with the requirements of section
1735 of the California Labor Code and not engage nor permit any Tow Operators to engage in discrimination in
employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, marital status, or sex of such persons. Tow Operator acknowledges that a
violation of this provision shall subject Tow Operator to all the penalties imposed for a violatioñ of anti-
discrimination law or regulation, including but not limited to, section 1720 etseq. of the California Labor Code.
1
7. Termination
ln addition to any other remedies or rights it may have by law, City has the right to terminate this Agreement
without penalty immediately with cause and either party may terminate after thirty (30) days written notice
without cause, unless otherwise specified. Cause shall be defined as any breach of this Agreement or any
misrepresentation or fraud on the part of the Tow Operator. Exercise by City of its right to terminate the
Agreement shall relieve City of all further obligation.
8. Consent to Breach Not Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or
consent shall be in writing and signed by the party claimed to have waived or consented Any consent by any
party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver
of, or excuse for any other different or subsequent breach.
9. Remedies Not Exclusive
The remedies for breach set forth in this Agreement are cumulative as to one another and as to any other
provided by law, rather than exclusive; and the expression of certain remedies in this Agreement does not
preclude resort by either party to any other remedies provided by law.
10. lndependent Tow Operator
Tow Operator shall be considered an independent Tow Operator and neither Tow Operator, its employees nor
anyone working under Tow Operator shall be considered an agent or an employee of City. Neither Tow
Operator, its employees nor anyone working under Tow Operator, shall qualify for workers' compensation or
other fringe benefits of any kind through City.
11. Performance
Tow Operator shall perform all work under this Agreement, taking necessary steps and precautions to perform
the work to City's satisfaction. Tow Operator shall be responsible for the professional quality, technical
assurance, timely completion, and coordination of all documentation and other goods/services furnished by Tow
Operator under this Agreement. Tow Operator shall: perform all work diligently, carefully, and in a good and
workman-like manner; furnish all labor, supervision, machinery, equipment, materials, and supplies necessary
therefore; at its sole expense obtain and maintain all permits and licenses required by public authorities,
including those of City required in its governmental capacity, in connection with performance of the work; and, if
permitted to subcontract, be fully responsible for all work performed by sub-Tow Operators.
12. lndemnification
A) Tow Operator shall indemnify, hold harmless and defend City and each of its officers, officials,
employees, agents and authorized volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to
personal injury, death at any time and property damage) incurred by City, Tow Operator, or any
other person, and from any and all claims, demands and actions in law or equity (including
attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of
performance of this Agreement. Tow Operator's obligations under the preceding sentence shall
apply regardless of whether City or any of its officers, officials, employees, agents or authorized
volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or
damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any
of its officers, officials, employees, agents or authorized volunteers.
B) lf Tow Operator should subcontract all or any portion of the work to be performed under this
Agreement, Tow Operator shall require each subcontractor to indemnify, hold harmless and defend
City and each of its officers, officials, employees, agents and authorized volunteers in accordance
with the terms of the preceding paragraph.
C) This section shall survive termination or expiration of this Agreement.
13. Insurance
A) Throughout the life of this Agreement, Tow Operator shall pay for and maintain in full force and
effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted
by the California lnsurance Commissioner to do business in the State of California and rated not
less than "A-Vll" in Best's lnsurance Rating Guide, or (ii) authorized by City's Risk Manager. The
following policies of insurance are required:
2
5)
B)
1) COMMERCIAL GENERAL LIABILITY insurance which shall be on the most current version of
lnsurance Services Office (lSO) Commercial General Liability Coverage Form CG 00 01 and
include insurance for "bodily injury," "property damage" and "personal and advertising injury"
with coverage for premises and operations, products and completed operations, and
contractual liability (including, without limitation, indemnity obligations under the Agreement)
with limits of liability of not less than $1,000,000 per occurrence for bodily injury and property
damage, $1,000,000 per occurrence for personal and advertising injury and $2,000,00ö
aggregate for products and completed operations and $2,000,000 general aggregate.
2) GARAGEKEEPERS LEGAL LIABILITY insurance which shall include coverage for vehicles in
the care, custody, and control of the Tow Operator with limits of liability of not less than
$120,000 per occurrence for property damage.
3) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be on the most current
version of lnsurance Service Office (lSO) Business Auto Coverage Form CA 00 01, and
include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles
(Code 1- Any Auto) with limits of not less than $1,000,000 per accident for bodity injury and
property damage.
4) ON-HOOIICARGO insurance which shall include coverage for vehicles in tow with limits of
liability based on the size of the tow truck, which are as follows:
a) Class A/B tow truck.. ..... $120,000b) Class C tow truck... ...$200,000c) Class D tow truck.. ... ... $300,000
WORKERS' COMPENSATION insurance as required under the California Labor Code and
EMPLOYERS' LIABILITY insurance with minimum limits of $1,000,000 each accident, $1,000,000
disease policy limit and $1,000,000 disease each emptoyee
Tow Operator shall be responsible for payment of any deductibles contained in any insurance
policies required hereunder and Tow Operator shall also be responsible for payment of any self-
insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificateof lnsurance and approved by the City's Risk Manager or his/her designee. At the option of the
City's Risk Manager, or his/her designee, either:
1) The insurer shall reduce or eliminate such deductibles or self-insured retention as
respects city, its officers, officials, employees, agents and volunteers; or
2) Tow Operation shall provide a financial guarantee, satisfactory to City's Risk Manager, or
his/her designee, guaranteeing payment of losses and related investigations, claim
administration and defense expenses At no time shall City be responsible for the payment of
any deductibles or self-insured retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30)
calendar days written notice in favor of City of policy cancellation, change or reduction of covérage,
except for the Workers'Compensation policy which shall provide ten (10) calendar days written
notice of such cancellation, change or reduction of coverage. ln the event any policies are due to
expire during the term of this Agreement, Tow Operator shall provide a new certificate and all
applicable endorsements evidencing renewal of such policy prior to the expiration date of the
expiring policy(ies) to the Chief of Police, or his/her designee, and the City's Risk Division. Upon
issuance by the insurer, broker, or agent of a notice of cancellation, change or reduction in
coverage, Tow Operator shall file with the Chief of Police, or his/her designee, and the City's Risk
Division, a new certificate and all applicable endorsements for such policy(ies)
The General Liability, Automobile Liability and Garagekeepers Legal Liability insurance policies
shall be written on an occurrence form and shall name City, its officers, officials, agents, employees
and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Tow
Operator's insurance shall be primary with respect to the City, its officers, officials, employees,
agents and authorized volunteers with no contribution required of City. Any Workers' Compensation
insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents,
c)
D)
J
employees and authorized volunteers. Tow Operator shall have furnished City with the certificate(s)
and applicable endorsements for ALL required insurance prior to City's execution of the Agreement.
E) The fact that insurance is obtained by Tow Operator shall not be deemed to release or diminish the
liability of Tow Operator, including, without limitation, liability under the indemnity provisions of this
Agreement. City shall apply to all claims and liability regardless of whether any insurance policies
are applicable. The policy limits do not act as a limi[atio-n upon the amount of indemnification to be
provided by Tow Operator Approval or purchase of any insurance contracts or policies shall in noway relieve from liability nor limit the liability of Tow Operator, its principals, officers, agents,
employees, persons under the supervision of Tow Operator, vendors, suppliers, inv-itees,
consultants, sub-consultants, subcontractors, or anyone employed directly or indirecfly by any of
them.
F) Upon request of City, Tow Operator shall immediately furnish City with a complete copy of any
insurance policy required under this Agreement, including all endorsements, with said copy-certified
by the undenryriter to be a true and correct copy of the original policy. This requirement sÉátt survive
expiration or termination of this Agreement.
G) lf at any time during the life of the Agreement or any extension, Tow Operator fails to maintain the
required insurance in full force and effect, all work under this Agreement shall be discontinued
immediately until notice is received by City that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory to City.
Any failure to maintain the required insurance shall be sufficient cause for City to terminate this
Agreement.
H) lf Tow Operator should subcontract all or any portion of the work to be performed, Tow Operatorshall require each subcontractor to provide insurance protection in favor of the City, its officer,
officials, employees, agents and authorized volunteers in accordance with the terms oi each of thepreceding paragraphs, except that the subcontractors certificates and endorsements shall be on file
with the Tow Operator and City prior to the commencement of any work by the subcontractor.
',4. Bills and Liens
Tow Operator shall pay promptly all indebtedness for labor, materials, and equipment used in performance of
the work. Tow Operator shall not permit any lien or charge to attach to the work or the premises, but if any does
so attach, Tow Operator shall promptly procure its release and indemnify, defend, and hold City harmleés and
be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related
thereto.
15. Chanqe of Gontrol
Tow Operator agrees that if there is a change or transfer in ownership or control of the Tow Operator's businessprior to completion of this Agreement, unless such change or transfer is to "immediate family" as defined inFresno Municipal Code (FMC) sectíon 3-101(e) and approved in writing by the Chief of Police, or his/her
designee, such change or transfer shall terminate this Agreement This includes but is not limited to changes in:
Corporate Board Members, Managers, Directors, Treasurer, Trustees, or ownership interests. All chanles ortransfers to "immediate family' must be approved by the Chief of Police, or hisiher designee, prior to- such
change or transfer in order for the Tow Operator to remain on the tow services list. Final written approval or
disapproval for the change or transfer in ownership or control will be given by the Chief of Police or his/her
designee. All "immediate family" members involved in the potential transfer and operation of the Tow Operator
shall be required to undergo a background check, review, and "Livescan" fingerprint screening. The "immediate
family" members involved in the change or transfer of ownership or control must also possesð and keep current
all licensing certifìcates and insurance as required in this Agreement The "immediate family" members who will
operate or otheruvise be legally responsible for the Tow Operator will be required to execute a new TSA
A) Tow Operator owners shall be directly involved in the day-to-day operations of their
business and shall not be directly involved ín the towing-related business of any other tow
company on, or applicant for, the Tow Rotation List. Co-mingling of operations, business,
offices, board members, and finances is stricfly prohibited.
B) lf terminated or suspended, Tow Operator and/or its owner at the time of the suspension or
termination, shall not be eligible for a rotation listing for the duration of the suspension ortermination. This section applies to the Tow Operator working in any capacity within any tow
4
business or operattng any tow business and to the tow business even if operated under new
ownership
C) Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow
Rotation List, excluding equipment which may be unavailable due to repairs or when there is a need
for equipment replacement and written approval is obtained from the Chief of Police or his/her
designee.
16. Force Maieure
Tow Operator shall not be in breach of this Agreement caused by any act of God, war, civil disorder,
employment strike or other cause beyond its reasonable control, provided Tow Operator gives written notice of
the cause of the delay to City within thirty-six (36) hours of the start of the delay and Tow Operator avails itself of
any available remedies.
17. Confidentialitv
Tow Operator agrees to maintain the confidentiality of all City and City-related records and information pursuant
to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term
of this Agreement. All such records and information shall be considered confidential and kept confidential by
Tow Operator and Tow Operator's staff, agents and employees.
18. Compliance with Laws
Tow Operator represents and warrants that services to be provided under this Agreement shall fully comply, at
Tow Operator's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and
regulations, including, but not limited to those issued by City in its governmental capacity and all other laws
applicable to the services at the time services are provided to and accepted by City. Tow Operator
acknowledges that City is relying on Tow Operator to ensure such compliance (collectively Laws). Tow Operator
agrees that it shall defend, indemnify and hold City and City lndemnitees harmless from all liability, damages,
costs, and expenses arising from or related to a violation of Laws.
19. Pricinq
The Agreement price shall include full compensation for providing all required services in accordance with the
Scope of Work attached to this Agreement, and no additional compensation will be allowed therefore, unless
otherwise provided for in this Agreement. Tow Operator shall pay the City Franchise Fees as listed in
Attachment "B", or "City Administrative / Franchise Fees", in accordance with Paragraph2S of Attachment "A".
20. Terms and Conditions
Tow Operator acknowledges that the undersigned has read and agrees to all terms and conditions included in
this Agreement.
21. Severabilitv
lf any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired or invalidated thereby.
22. Calendar Davs
Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless
otherwise expressly provided.
23. Attornev Fees
lf either party is required to commence any proceeding or legal action to enforce any term, covenant or condition
of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other
party its reasonable Attorney's fees and legal expenses.
24. lnterpretation
This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in
the matters dealt with in this Agreement. ln addition, each party has been represented by experienced and
knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel
despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have
not been influenced to any extent whatsoever in executing this Agreement by any other party hereto or by any
person representing them, or both. Accordingly, any rule or law (including California Civil Code section 1654) or
legal decision that would require interpretation of any ambiguities in this Agreement against the party that has
5
drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable
manner to affect the purpose of the parties and this Agreement.
25. Authoritv
The parties to this Agreement represent and warrant that this Agreement has been duly authorized and
executed and constitute the legally binding obligation of their respective organization or entity, enforceable in
accordance with its terms.
26. Emplovee EliqibilitvVerification
Tow Operator warrants that it fully complies with all Federal and State statutes and regulations regarding the
employment of aliens and others and that all its employees performing work under this Agreement meet the
citizenship or alien status requirement set forth in Federal statutes and regulations Tow Operator shall obtain,
from all employees performing work hereunder, all verification and other documentation of employment eligibility
status required by Federal or State statutes and regulations including, but not limited to, the lmmigration Reform
and ControlAct of 1986, 8 U.S.C. 51324 et seq., as they currently exist and as they may be hereafter amended.
Tow Operator shall retain all such documentation for all covered employees for the period prescribed by the law
Tow Operator shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its
agents, officers, and employees from employer sanctions and any other liability which may be assessed against
Tow Operator or City or both in connection with any alleged violation of any Federal or State statutes or
regulations pertaining to the eligibility for employment of any persons performing work under this Agreement.
27. Additional Terms and Conditions
A) Term of Agreement: This Agreement shall commence on December 28, 2014, and shall be
effective for three (3) years from that date, unless otherwise terminated by City.
B) Fiscal Appropriations: This Agreement is subject to and contingent upon applicable budgetary
appropriations being made by the City for each year during the term of this Agreement. lf such
appropriations are not forthcoming, the Agreement will be terminated without penalty Tow
Operator acknowledges that funding or portions of funding for this Agreement may also be
contingent upon the receipt of funds from, and/or appropriation of funds by City. lf such funding
and/or appropriations are not forthcoming, or are othenvise limited, City may immediately terminate
or modify this Agreement without penalty.
C) Conflict of lnterest (Tow Operator): Tow Operator shall exercise reasonable care and diligence to
prevent any actions or conditions that result in a conflict with the best interest of City. This
obligation shall apply to Tow Operator, Tow Operator's employees, agents, relatives, and third
parties associated with accomplishing the work hereunder Tow Operator's efforts shall include, but
not be limited to, establishing precautions to prevent its employees or agents from making,
receiving, providing, or offering gifts, entertainment, payments, loans, or other considerations which
could be deemed to appear to influence individuals to act contrary to the best interest of City.
D) Tow Operator Work Hours and Safety Standards: Tow Operator shall ensure compliance with all
safety and hourly requirements for employees, in accordance with federal, state, and City safety
and health regulations and laws.
E) Orderly Termination: Upon termination or other expiration of this Agreement, each party shall
promptly return to the other party all papers, materials, and other properties of the other held by
each for purposes of execution of the Agreement. ln addition, each party will assist the other Party
in orderly termination of this Agreement and the transfer of all aspects, tangible and intangible, as
may be necessary for the orderly, non-disruptive business continuation of each party
F) Reprocurement Costs: f n the case of default by Tow Operator, City may procure the service from
other sources and, if the cost is higher, Tow Operator will be held responsible to pay City the
difference between the Agreement cost and the price paid. City may make reasonable efforts to
obtain the prevailing market price at the time such services are rendered. This is in addition to any
other remedies available under law.
G) Authorization Warranty: Tow Operator represents and warrants that the person executing this
Agreement on behalf of and for Tow Operator is an authorized agent who has actual authority to
bind Tow Operator to each and every term, condition, and obligation of this Agreement and that all
requirements of Tow Operator have been fulfilled to provide such actual authority.
6
28.
H) Notices. Any and all notices permitted or required to be given hereunder shall be deemed duly
given (1) upon actualdelivery, if delivery is by hand; or (2) upon delivery by the United States mail if
delivery is by postage paid registered or certified return receipt requested mail; or (3) through
electronic means such as, email or the Dispatch & Tracking Solutions Software System (DTS)
l) Data - Title to: All materials, documents, data or information obtained from City data files or any
City medium furnished to Tow Operator in the performance of this Agreement will at all times remain
the property of City. Such data or information may not be used or copied for direct or indirect use
by Tow Operator after completion or termination of this Agreement without the express written
consent of City. All materials, documents, data or information, including copies, must be returned to
City at the end of this Agreement.
J) Usage: No guarantee is given by City to Tow Operator regarding usage of this Agreement. Usage
figures, if provided, are approximate, based upon the last usage. Tow Operator agrees to supp-ty
services and/or commodities requested, as needed by City, at prices listed in the Agreemeni,
regardless of quantity requested.
K) Tow Operator's Records: Tow Operator shall keep true and accurate accounts, records, books
and data which shall correctly reflect the business transacted by Tow Operator in accordance with
generally accepted accounting principles. These records shall be stored at the Tow Operators
principal place of business for a period of three (3) years after final payment is received by City
L) Audits/lnspections: Tow Operator agrees to permit City's authorized representative (including
auditors from a private auditing firm hired by City) access during normal working hours to all books,
accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose
of auditing or inspecting any aspect of performance under this Agreement. The inspection and/or
audit will be confined to those matters connected with the performance of the Agreement including,
but not limited to, the costs of administering the Agreement. City reserves the right to audit and
verify Tow Operator's records before or after final payment is made
Tow Operator agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of records retention is stipulated under this Agreemént or
by law. Tow Operator agrees to allow interviews of any employees or others who mighf reasonably
have information related to such records. Further, Tow Operator agrees to include a similar right to
City to audit records and interview staff of any sub-Tow Operator related to performance of this
Agreement.
M) Should Tow Operator cease to exist as a legal entity, Tow Operator's records pertaining to this
Agreement shall be forwarded to the Chief of Police or hisiher designee.
Disputes-Aqreement
A) The Parties shall deal in good faith and attempt to resolve potential disputes informally.
1) Tow Operator shall submit to the Chief of Police, or his/her designee, a written demand for a
final decision regarding the disposition of any dispute between the parties arising under,
related to, or involving this Agreement, unless City, on its own initiative, has already rendered
such a final decision.2) Tow Operator's written demand shall be fully supported by factual information, and, if such
demand involves a cost adjustment to the Agreement, Tow Operator shall include with the
demand a written statement signed by a senior official indicating that the demand is made in
good faith, that the supporting data are accurate and complete, and that the amount
requested accurately reflects the Agreement adjustment for which Tow Operator believes City
is liable.
B) Pending the final resolution of any dispute arising under, related to, or involving this Agreement,
Tow Operator agrees to diligently proceed with the performance of this Agreement. Tow Operator's
failure to diligently proceed shall be considered a material breach of this Agreement.
C) Any final decision of City shall be expressly identified as such, shall be in writing, and shall be
signed by the City Hearing Administrative Officer, or Chief of Police, or his/her designee, as
applicable. lf City fails to render a decision within ninety (90) days after receipt of Tow Operator's
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demand, it shall be deemed a final decision adverse to Tow Operator's contentions City's final
decision shall be conclusive and binding regarding the dispute unless Tow Operator commences
action in a court of competent jurisdiction.
29. Breach of Aqreement
The failure of the Tow Operator to comply with any of the provisions, covenants or conditions of this Agreement
shall be a material breach of this Agreement. ln such event the City may, and in addition to any other remedies
available at law, in equity, or otherwise specified in this Agreement, undertake any of the individual actions or
any combinatlon of the following actions:
1) Afford the Tow Operator written notice of the breach and ten calendar days or such
shorter time that may be specified in this Agreement within which to cure the
breach;
2) Suspend and/or remove Tow Operator from the rotation;
3) Terminate the Agreement immediately, without any penalty.
The Parties hereto have executed this Agreement
TOW OPERATOR:
Print Name: Date
"lf a corporation or limited liability company, the document must be signed by two corporate officers. The first signature
must be either the Chairman of the Board, President, or any Vice President. The second signature must be the
secretary, an assistant secretary, the Chief Financial Officer, or any assistant treasurers. ln the alternative, a single
signature is acceptable when accompanied by a corporate document demonstrating the legal authority of the
signature to bind the company.
Bv
TOW OPERATOR*:
ATTEST:
WONNE SPENCE, CMC
City Clerk
By:: Date:
Date:
Date:
CITY OF FRESNO.
APPROVED AS TO FORM
DOUGLAS T. SLOAN
8
t z/zz/ t v
ATTACHMENT A
SCOPE OF WORK
1. Scope of Work
Tow Operator shall perform the towing, and storage of vehicles as directed by the City, and in addition, such
other services as provided in this Scope of Work, and shall provide necessary storage facility, tow vehicles,
labor, materials, equipment, machinery, and tools. The Tow Operator shall comply with all State laws and
regulations, applicable to tow units and impound, towing, storage, selling or junking of vehicles. Tow operators
must follow all guidelines set forth by equipment manufactures recommendations as to their use and care of all
towing related equipment All permits and licensing fees as specified under California Vehicle Code (CVC)
sections 34620 through 34624 shall be in full force and effect at all times during this Agreement Any violation of
this section will be considered a material breach of the Agreement and may result in immediate termination of
this Agreement.
2. Towinq Services and Duties
It shall be the duty of the Tow Operator, when so directed by the City, to provide prompt tow service for vehicles
which are taken into custody by the City. This includes vehicles involved in collisions or dísabled by any other
cause, abandoned in public places or on private property. Vehicles impounded for evidence, impeding the flow
of traffic, or which for any other reason, are within the jurisdiction of the FPD. As required by law, Tow
Operators are to remove from the street all debris resulting from said collisions and to clean the immediate area
of such street (CVC section 27700(a)(1)). lt shall also be the duty to provide for the safety and security of those
vehicles and the contents thereof. These duties are inherent to the job and are to be included in the price of the
basic tow bill.
The tow truck operator shall provide a business card to the registered owner or driver for the vehicle being
towed. The business card shall contain the name, address and phone number of the tow company as well as
the link to the vehicle search system in DTS as follows: www.findmytow.com
Tow truck operators and/or drivers will not be permitted to drive an impounded or recovered stolen vehicle or
vehicle intended for storage from a FPD rotation call or special operation. Any exceptions must be at the
direction of the FPD officer in charge of the scene and should be limited to repositioning the vehicle to allow for
towing.
The City has designated two (2) tow companies for evidence impound tows and no other rotation tow company
shall maintain custody over these vehicles at any time. lf an officer impounds a vehicle for evidence and a non-
preference rotational tow is dispatched, it is the responsibility of the tow driver to verify with the officer on scene
as to whether a vehicle is to be held for evidence. lf it is determined that the vehicle is to be held for evidence,
the tow driver must immediately notify the officer on scene that the company is not authorized to handle
evidence impounds and an evidence tow company shall be dispatched. Tow Operator shall then contact the
Tow Unit on the same business day, or within the next business day if such tow occurs after regular business
hours. Acceptance of an evidence tow by a non-designated evidence tow company will result in disciplinary
action and full financial responsibility for all tow and storage fees for each violation.
lf terminated or suspended, Tow Operator and/or owner at the time of the suspension or termination, shall not
be eligible for a rotation listing for the duration of the suspension or termination. This provision applies to the
Tow Operator working in any capacity within any tow business or operating any tow business and to the tow
business even if operated under new ownership.
Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow Rotation List,
excluding equipment which may be unavailable due to repairs or when there is a need for equipment
replacement and written notice has been obtained from FPD.
3. SpecialOperations
FPD conducts special operations coordinated through the Traffic Bureau throughout the year that requires tow
companies at the location of the special operation. Tow companies on the Tow Rotation List that are in good
standing with FPD may be invited to participate in these operations, provided they are willing to remain with the
special operation until its conclusion and forfeit any rotational tow calls (FPD, California Highway Patrol, or
other) received during the duration of the operation. "Good standing" shall mean that Tow Operator has not
violated, or is not in violation of the terms of this Agreement, the provisions of the FMC, State, or Federal law.
All special operations tows will be subject to the provisions of this Agreement. Tow Operator shall respond to a
I
special operation with a flatbed tow truck with the capability of towing (2) vehicles. No ride alongs will be allowed
on any special operations unless the ride along is the Tow Owner or a Tow Driver who is in training and has
been approved by FPD.
4. Signage and hours of Operation
The storage yard or business office shall have a sign that clearly identifies it to the public as a towing service.
The sign shall have letters that are clearly visible to the public from the street and must be visible at night. All
storage facilities must be accessible to City personnel twenty-four (24) hours per day and seven (7) days per
week. The Tow Operator will provide customer service twenty-four (24) hours per day and seven (7) days per
week for the release of vehicles.
Tow Operator shall provide at least one person at a call station to respond and release vehicles within thirty (30)
minutes. Tow Operator shall maintain all signage required pursuant to CVC sections 22850.3 and 22651.07
and include an after-hours contact phone number for Tow Operator.
5. Response Time
Tow Operator shall respond to calls twenty-four (24) hours a day, seven (7) days a week, within the maximum
response time limits as established by the Chief of Police or his/her designee. A reasonable response time is
thirty (30) minutes or less, except during peak hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p m ,
(Monday through Friday), when the required response time will be extended to forty-five (45) minutes or less.
Tow Operator shall respond with a tow truck of the class required to tow the vehicle specified by the DTS
System.
6. Non-Response
The Tow Operator shall update the DTS System at the time of dispatch to a tow rotation request. lf the Tow
Operator is either unable to respond or unable to meet the maximum response time, the tow operator shall
immediately update the DTS System accordingly. lf, after accepting the call, the Tow Operator is unable to
respond or will be delayed in responding, the Tow Operator shall immediately update the DTS system
accordingly.
To decline or refuse to respond will be considered a non-response. Each non-response will be immediately
documented in the DTS System. Each non-response will be fogged by the DTS System and reviewed by the
City. lf the fault for the non-response is attributed to other than the Tow Operator, the Tow Operator will be
placed back in the rotational list and called at the next opportunity in line.
One such breach, determined to be the fault of the Tow Operator, will be grounds for written reprimand which
may be subsequent to a meeting between the Tow Operator and the City. A second breach may be grounds for
a (30) thirty-day suspension of this Agreement. A third violation will be considered a material breach of the
Agreement and may result in immediate termination of this Agreement.
ln the case of suspension or termination, all vehicles then in storage at the time of the suspension or termination
remain protected under this Agreement as City's impounds and the Tow Operator is so bound The City will
have the option to remove and/or transfer stored vehicles.
When a Tow Operator will be temporarily unavailable to provide services due to preplanned/scheduled activity,
such as a vacation, maintenance, medical leave, etc., the Tow Operator will notify City in writing via the DTS
system at least forty-eight (48) hours in advance. City reserves the right to deny these requests to maintain
adequate service levels for tow operations. Failure to notify the City will be considered a non-response and a
material breach of this agreement.
7. StoraqeResponsibilities
It shall be the duty of the Tow Operator to provide impound and other storage service for all vehicles as directed
by the City. The Tow Operator shall be responsible for all vehicles, accessories and equipment thereon and all
personal property therein stored by Tow Operator. lt shall be the Tow Operators' duty to protect such stored
vehicles, accessories, equipment, and property against all loss or damage by fire, theft or other causes. The
Tow Operator will have available for review by City personnel, all permits and proof of complrance to all local
zoning, special use, conditional use and special requírements, laws and regulation. lt is the responsibility of the
Tow Operator to ensure vehicles are stored in a secured facility.
8. Size and Location of Storaqe Facilitv
The tow yard shall be located within the City of Fresno's "Metropolitan Area." Metropolitan area is defined as
within the borders of Copper Avenue to the north, American Avenue to the south, DeWolf Avenue to the east,
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and Chateau Fresno to the west. Tow Operator shall be responsible for the security of vehicles and property at
the place of storage. At a minimum, a six (6) foot fence or enclosed secured area is required for outside
storage. A minimum of 5,000 square feet, or room for twenty (20) vehicles, shall be provided. All tow yards
located with the City of Fresno shall be in compliance with the FMC, current Directors Class #208 and shall
follow the current Development and Resource Management Department's Policy and Procedure C-002. lf the
tow facility is located outside the City of Fresno, the tow operator is required to provide written proof that the
yard is in compliance with the authortzing jurisdiction. Tow Operator is responsible for the reasonable care,
custody, and control of any property contained in towed or stored vehicles. The storage facility and business
office will be located at the primary storage yard and shall be maintained in a functional, clean and orderly
fashion. The facility shall have a telephone, on-site fax machine and the necessary computer equipment to
properly run DTS software and to send and receive email.
ln the event of criminal activity at a storage facility, the City may require the Tow Operator to take measures to
assist in preventing such crimes. These measures could include, but are not limited to: the yard being
illuminated during darkness, with security type lighting, to such a degree that visual observation of the entire
yard may be accomplished at all times, improved fencing and/or security patrols.
All vehicles stored or impounded as a result of a tow ordered by the City shall be towed directly to a towing
service storage lot unless the Cíty, or in the case of a citizen's assist, a person legally in charge of the vehicle,
requests that it be taken to some other location.
All vehicles towed as a result of action taken by the City will be stored at the Tow Operator's principal place of
business unless directed otherwise by the City's Tow Coordinator. Vehicles stored at an auxiliary storage facility
will be considered a breach of this Agreement. The Tow Operator shall not remove personal property from a
stored vehicle. lf the registered owner removes personal property from a stored vehicle, the Tow Operator will
maintain documentation of such and will require a signed receipt from the registered owner for property
released. The Tow Operator shall immediately notify the City if any contraband, weapons or hazardous
materials are found in the vehicle(s).
9. Enclosed Facilitv
The Tow Operator may maintain, without charge to the City or any other person, separate and enclosed garage
facilities no less than 1,000 square feet of clean working space. The facility must be constructed to include a
roof and at least four walls of substantial design to withstand the elements and protect the vehicles from the
weather. The facility should have a concrete floor and sufficient lighting. This inside facility must be located at
the Tow Operator's primary storage yard. This inside facility is not required to qualify for the City's rotation,
however, when inside storage is requested for a particular vehicle, the next Tow Operator in line meeting the
needs of the City's request will be used.
10. DTS Requirements
Tow Operator shall utilize the most recent, updated and upgraded DTS software program, to dispatch and track,
via a web-based lnternet connection. Tow Operators will be required to enter the towed vehicle information as
instructed by the City. At no time will a vehicle be released, subject to lien, or junked from impound without all
required data fields being entered into the DTS system by the Tow Operator. The Tow Operator shall clearly
identify and enter into DTS the name of the person to whom the vehicle was actually released. All City tow
requests shall be made utilizing this program. Failure at any time to have the DTS program in full operation shall
cause the immediate removal of the Tow Operator from the tow rotation and be grounds for immediate
termination by City. Tow Operator must enter into a separate agreement, or license for the DTS software
program with the owner of that proprietary software. The City shall not provide the DTS software program, any
licensing or sub-licensing thereof or any intermediary services for the procurement by Tow Operator of the DTS
software program. This Agreement shall not be executed by the City until Tow Operator has demonstrated to
the City's satisfaction compliance with the requirements set forth herein. Tow Operator shall be liable for all
fees, charges, prices, rates and service charges required from DTS DTS shall be utilized in "real time" and all
entries should reflect as such. lnvoices shall be used from DTS when releasing vehicles and be pursuant to
section 22651.07 of the CVC. The only Tow Operator personnel authorized to utilize and access DTS are those
that have fully complied with the provisions set forth in Section 12, "Iow Operator Personnel" of this Agreement
lf the Tow Operator is not in FULL compliance with the above stated requirement, the Tow Operator will be
removed from the City towing rotation. ln the event that DTS fails to provide software services, or the City elects
to utilize a new software provider, the Tow Operator will be required to use the replacement towing software
system. lf that occurs, all references to DTS in this Agreement shall instead be interpreted as references to the
new software program.
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11. Official Notification bv Citv Reoardinq Tow
Official notification by City regarding tow services is considered any form of written, email, verbal instructions or
notifications received from an authorized City employee or electronic notice from the DTS program. lf the Tow
Operator receives verbal instructions or notifications from a City employee the Tow Operator must respond to
City, by 5:00 p.m. (PST) on the next business day.
12. Tow Operator Personnel
A.) Conduct
The Tow Operator shall perform the services required of it in an ethical, orderly manner, endeavoring to
obtain and keep the confidence of the public. At no time will the Tow Operator or its agent or any
employee of the Tow Operator exhibit any of the following behavior: rudeness, or otheruvise being
uncooperative, argumentative, threatening, incompetent or acting in a dangerous manner with any City
employee, or with any member of the public. The City reserves the right to cancel an individual tow
assignment, if in the opinion of the City, the Tow Operator is acting in a rude, uncooperative,
argumentative, threatening, incompetent or dangerous manner. The City also reserves the right to cancel
an individual tow assignment if in the opinion of the City the Tow Operator is likely to damage the vehicle
for which the tow service was called. Other examples of unacceptable behavior include but are not limitedto: profanity, abusive language, disconnecting telephone calls for public inquiries regarding a tow,
threatening, aggressive, or assertive language, failure to provide timely information or documents in
response to a public or City inquiry, lack of respect to any City personnel or member of the public,
destruction or damaging of evidence, failure to comply with the reasonable request of a member of the
public, failure to release vehicle in a timely manner, failure to make appointment for release of vehicle
during evening or weekend hours, failure to promptly be on site at time of appointment for release of
vehicle during evening or weekend hours, impeding an investigation or any other conduct which the City
deems unprofessional.
lf the Tow Operator is found to be ín violation of this conduct clause, the City will cancel the Tow Operator
and request the next Tow Operator in rotation. Any such behavior as set forth above shall be considereda material breach of this Agreement and may be grounds for immediate suspension or immediate
termination by the City, without penalty.
B.) PersonnelAppearance
Tow Operators shall be required to furnish their employees with a distinctive company uniform. Each
uniform shall have the firm's name, as well as the employee's name, in a conspicuous place. The tow
company's name and driver's first name shall be clearly visible at all times, meaning that protective or
inclement weather outer garments must meet this standard. Each employee shall have sufficient uniforms
so as to maintain a neat, clean appearance at all times. Minimum requirements for uniforms include a
shirt, long pants, and appropriate safety shoes. All drivers shall be in uniform before any towing or service
operation begins. No wording, designs, photos, gestures, or anything that could be considered offensive
or obscene to the general public shall be displayed by the Tow Operators or on any part of the uniform
Dress standards are required in order to project a professional and positive image to the public.
All employees must be neat, clean and well groomed in appearance. ln order to ensure a professional
appearance, all tattoos must be concealed by operators while working. Personnel will be required to
conceal any tattoos with gloves, collars, long sleeves, or by other means acceptable to the City. Facial
tattoos of any variety are not permitted. No facial piercings shall be worn while on duty.
Drivers shall wear safety vests or reflectorized clothing that conforms to Occupational Safety and Health
Administration (OSHA) requirements. Alternatively, the OSHA safety requirements may be incorporated
into the uniform, jacket, or rain gear, as long as these items are worn as the outermost garment.
C.) UnlawfulActivity
The Tow Operator or it's employees shall not be involved, nor shall the Tow Operator or its employees
become involved in any agreement or activity whether verbal, written or conveyed in any other manner,
any activity or business venture which may be construed as unlawful. lf the City deems the involvement
to be unlawful, the City may immediately terminate this Agreement.
The Tow Operator shall not provide any direct or indirect commission, gift or any compensation to any
person or public or private entity, in consideration of arranging or requesting the services of a tow truck as
provided in section 12110 of the CVC
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No Tow Operator will be involved or solicit any compensation of any kind including but not limited to
involvement with any other company or business that might result in income or consideration as a result of
any activity initiated by the City.
An example of such a prohibited involvement could include but is not limited to: financial reimbursement
by auto-body repalr business for referrals, or towing directly from the scene of a collision to the auto-body
shop without prior unsolicited approval or request by the registered owner, driver or insurance company
representative of the damaged vehicle; kickback to or from a security company or homeowner's
association for "finding" or towing a vehicle from a location, whether private property, public, off street
parking facility or a public roadway. Violation of this provision shall be grounds for immediate termination
by City, without penalty.
D.) Personnel Licenses
Tow Operators providing services under this Agreement, including tow truck drivers, dispatchers and other
office personnel, will have sufficient knowledge, experience and capability to ensure safe and proper
discharge of their service responsibilities. lt will be the responsibility of the Tow Operator to ensure that all
of its personnel will be properly licensed in accordance with sections 12500, 12520, and '12804.9 of the
CVC. Alltow truck drivers and tow truck operators shall be enrolled in the "Pull Notice" program as defined
in CVC section1808.1 et seq.. Drivers must complete a CHP approved Tow Operator Course every five
(5) years and copies of completion of the course shall be sent to the City. All Tow Operators and
personnel shall have no criminal record which would preclude them from being placed in a position of trust
while in the service of a law enforcement agency or any crime listed below under the heading of "Criminal
Record."
E.) Fingerprints
All owners and employees who have not previously submitted their "LiveScan" fingerprint samples shall
submit their "LiveScan" fingerprint samples, at their own expense, through the City prior to being awarded
this Agreement, for the purposes of verifying their criminal history with the Department of Justice
Failure to provide information regarding the identity of the owner, employee, or anyone else with a
financial interest in the Tow Operator will result in termination of this Agreement. The Tow Operator will
provide the City with information regarding any change in employee status immediately and update DTS
to reflect such changes. Failure to comply may result in further disciplinary action, and will be considered
a breach of this Agreement.
After execution of this Agreement, no person shall be employed by the Tow Operator or perform any
service under this Agreement until the background record check and "LiveScan" is completed and
approved by the City and said employee has received their identification badge from the City
Notwithstanding the foregoing, Tow Operators and owners that have towed for the City under the previous
Tow Service Agreement and have completed a new background and "LiveScan" check will be allowed to
continue to tow for the City until such time as the results of the background and "LiveScan" submissions
are reviewed and approved by the City.
Any employee of the Tow Operator that has left employment with said Tow Operator and returned and
been rehired must complete an additional background check before performing services pursuant to this
Agreement
F.) Criminal Record
A conviction of anyone with a financial interest in the Tow Operator, or any employee of the Tow Operator,
including but not limited to any of the following offenses, may be cause for denial of application or
termination of this Agreement:
. Any crimes listed in California Penal Code section 290. DUI-Within 5 years of the Date of Fingerprinting¡ Vehicle theft. Fraud. Stolen Property. Crimes of Violence. Any felony crime relating to narcotics or any controlled substance. Any other crimes enumerated in CVC section 2432.3
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. Actively on parole or on any form of probation. Crime of moral turpitude. Sex, Arson, Narcotics Registranto Other felony conviction
The City is not required to provide any reason, rationale or factual information in the event it elects to deny
application or remove any of Tow Operator's personnel from providing services for the City under this
Agreement. Tow driver or employee applicants denied under this section may appeal to the Chief of
Police or his/her designee. All decisions by the Chief of Police, or his/her designee, are final.
ln the event the Tow Operator or employee is convicted or is under investigation, the Tow Operator may
be given the opportunity to replace that employee without prejudice to the Agreement. Nothing shall
prohibit the City from removing, suspending or terminating the Agreement. lt will be the responsibility of
the Tow Operator to provide the City with updated information regarding any illegal activity, arrest(s) or
conviction of any Tow Operator and/or employee. For the purpose of this section, any conviction or plea
of guilty or nolo contendre, even to any lesser-included offense, are considered convictions. Failure to
provide information regarding the identity of the employee, or anyone else with a financial interest in the
Tow Operator will result in termination of the Agreement. Failure to provide information to the City of any
information regarding the convlction of any of the above crimes may also result in termination of the
Agreement.
G.) ldentificationBadges
Each tow truck driver or employee of the Tow Operator shall wear, in plain view an identification badge,
authorized and issued by the City to that employee, while on any call for service where the City is
involved. lf a tow truck driver responds to a scene without his authorized name badge, the tow truck
driver will be dismissed from the scene and the next Tow Operator in rotation will be called Failure to
carry an identification badge will be considered a violation as stated in Section 31, "Disciplinary Action," of
this Agreement. The purpose of these badges will be to identify those employees of the Tow Operator
who have been fingerprinted by the City and have passed the record check by the Department of Justice.
All identification badges are the property of the City and will be returned by the Tow Operator to the City
within forty-eight (48) hours of an employee's separation Tow Operator will provide a current list of all
staff including drivers, dispatchers, etc. Anytime there are any changes to this list, the City is to be notified
by the next business day and provided with an updated and current list.
13. Tow Operator Licensinq and Certification
All licensing and certifications required by Federal, State and local authorities shall be maintained current and
valid at all times as required in CVC sections: 34507.5,34600 et seq, 34620, and 12111, and sections 7231 et
seq, of the California Revenue and Taxation code. Failure to have any required license or certification, including
any driver who fails to have an appropriate class of license, may be grounds for immediate termination by City
without penalty.
14. lnspection
All real property and improvements thereon, and all vehicle facilities, equipment and materials used by the Tow
Operator in the performance of the services required herein shall be open to inspection by the City or its
authorized representative, and will be subject to no less than one annual inspection Additional inspections may
be conducted without notice during normal business hours. lnspections may include, but are not limited to, all
books, accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose of auditing
or inspecting any aspect of performance directly related to this Agreement. ln the event that the City determines
that the real property and improvements thereon are insufficient, derelict or fail to meet the requirements as
called out in this Agreement, this Agreement may be terminated by City immediately, without penalty
15. Vehicle and Equipment Requirements
Tow vehicles will be maintained in compliance with sections 24605, 25253,25300, 27700 and 27907 of the
CVC. Tow vehicles will be of at least 14,000 lbs. GVWR with dual rear wheels, with the ability to tow two (2)
vehicles, or a vehicle and/or a trailer. Tow vehicles must have two-way communication capabilities and the
ability to communicate and connect with the DTS System at all times. The Tow Operator shall have equipment
capable of towing from off-road areas, towing from underground facilities, and recovery services with an
adjustable boom with at least five tons of lifting capacity. ln addition to the conventional wheel lift towing
capabilities, the Tow Operator shall maintain at least one or more flatbed or rollback trucks with a minimum of
fifty (50) feet of cable, and the required safety equipment. Unless otherwise specified by the City, all Tow
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Operators shall respond to a tow service request with a flatbed or rollback truck as specified above. At the
discretion of the tow operator, a wrecker may be used to respond to a tow service request. lf for any reason the
Tow Operator is unable to complete the tow service request with the wrecker, the Tow Operator will not be
placed back on the top of the rotation list and a new Tow Operator will receive the tow service request.
A 3-axle or 25-ton truck is not required equipment. However, Tow Operators that possess this equipment will be
placed on a heavy-duty tow rotation list.
All trucks must have the required emergency lighting, portable stop and tail lamps a broom, shovel, fire
extinguisher (rating 4-8, C), a utility light, reflective triangles, a large pry-bar, covered trash cans with approved
absorbent, rags, unlocking equipment, dollies (boom trucks), chains, and/or tie downs.
Wheel lift trucks will maintain at least 100 feet of cable and all safety equipment as required by the
manufacturer.
Tow vehicles must have a cable winch of sufficient size and capacity to retrieve vehicles that have gone off
traveled portions of roadways into inundated areas or other inaccessible locations Winches must have visible
lD tags designating the model, make, serial number, and rated capacity.
All tow trucks used in City tows will be subject to a yearly inspection. This does not preclude the City from
conducting random inspections throughout the year.
16. Vehicleldentification
Tow vehicles shall display identification signs in compliance with section 27907 of the CVC. The Tow Operator
shall not display any sign or advertising material that indicates that his tow vehicles are an official police service
of the City.
17. Charqes and Fees to be collected from Reqistered Owners
All rates and charges shall be conspicuously posted in the office and in all tow vehicles. These rates shall quote
complete charges and fees with no additional fees to be added at a later date. These rates will be available for
review by City personnel and/or the person for whom tow service is provided. All fees collected shall be itemized
and invoiced in DTS in accordance to section 22651.07 of the CVC. lt will be the Tow Operator's responsibility
to collect his bill for service, and the City will not be responsible in any way for these charges. Storage fees will
be calculated on the calendar day except the first 24-hours which is counted as a single day in accordance with
California Civil Code (CCC) 3068.'1 (see Attachment B). All fees listed on the DTS invoice will be received in the
form of major credit card, debit card, or cash. All fees collected, both City and Tow Operator fees, must be
invoiced through the DTS system prior to release and at the time of payment. No credit card fees will be
charged pursuant to CVC section 22651.1 and CCC section 1748.1 for any portion of the fees The City
reserves the right to change all payment methods during the term of this agreement.
18. Lien Fees
At no time shall the City be charged a lien fee on a towed or impounded vehicle. No lien shall be attached to
any vehicle that has been impounded by the City until after seventy-two (72) hours from the time of storage as
listed in the DTS system have passed pursuant to section 22851.12 of the CVC. All lien transactions must be
entered into the DTS system by Tow Operator. Vehicles sold at lien sale shall abide by all laws relating to lien
sales. A vehicle held in impound by the City for thirty (30) days, shall not be sold at lien until such time as is
considered reasonable to allow the registered owner time to pay for and pick up the vehicle before it is sold at
lien, but under no circumstances before the thirtyJifth (35tn) day after storage.
The Tow Operator shall abide by all applicable statutes and ordinances concerning disposal of unclaimed
vehicles, including but not necessarily limited to CVC sections 22670',22851',22851.1;22851.2;22951.3.,
22851 .4; 22851.6; 22851 .8; 22851 .10, 22851 .12 and 22852.5
As described in CVC section 22856, liability for despoliation of evidence shall not arise against the Tow
Operator that sells any vehicle at, or disposes of any vehicle after, a lien sale, as long as the Tow Operator can
show written proof that he was notified in writing by the City that the vehicle would not be needed as evidence in
a legal action. This proof may exist in the form of an official release in the DTS System or any other written
conveyance signed by a member of the City prior to the official, written release of the vehicle.
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19. Reasonableness and Validitv of Fees
Fees charged to the registered owner or any other person for response to calls originating from the City shall be
reasonable and not in excess of those rates charged for similar services provided in response to requests
initiated by any other public agency or private person. During the term of this agreement, the City shall conduct
an annual review each December of towing and storage fees of comparable cities and adjust rates set forth in
Attachment B by the first week of January of the following year.
20. Towinq Operation
All tows performed under this Agreement will be included in the flat rate charge as described in Attachment B
No additional charges shall be charged without prior approval from the City and written notice is provided in the
DTS System. Any unapproved charges received outside the DTS System will result in immediate termination of
this Agreement and removalfrom the rotation list.
The Tow Operator shall base towing charges upon the class of vehicle being towed regardless of the class ofthe truck used, except when vehicle recovery operations require a larger class truck. ihe Tow Operator may
refer to the tow truck classes and weight ratings as defined by the Towing & Recovery Association of America
(TRAA) vehicle identification guide.
21. Service Call Rotation and Fees
The City shall establish a separate rotation list for Tow Operators willing to respond to service requests (out ofgas, lockouts, tire changes, etc.) Rates for a service requests shall not exceed one-half the flat rate charge for a
light duty truck response.
22. Gate Fees
No gate fees may be charged between 8.00 a m. through 5:00 p.m. Monday through Friday, excluding State
recognized holidays as listed below:
New Year's Day
Martin Luther King Day
Presidents'Day
Cesar Chavez Day
Memorial Day
lndependence Day
Labor Day
Veterans'Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
ll other times. The gate fee is not to exceed fifty percent (S0%) of
may be charged to the vehicle's owner for releases or personal
business hours (excluding lien fees, storage fees, taxes, or other
sible for assuring that proper gate fees are charged in accordance
with this section Over charging gate fees will be considered a major violation as ouflined in Seition 30.
All towing and storage fees charged by the Tow Operator are the responsibility of the vehicle's owner and are
not the responsibility of the City. The exception would be evidentiary impounds made at the direction of Citypersonnel.
23. Cancelled Tow
The City shall not be liable to pay the Tow Operator or anyone else any charge or other fee for a call that does
not result in a chargeable service being rendered by Tow Operator ("Dry Run"). The cancelled Tow Operator
shall be placed back on the top of the rotation list and will receive the next tow in rotation.
24. Towed in Error
ln the event the City determines that an error has occurred in impounding a vehicle, it shall be immediately
released to the registered owner without charge and the Tow Operator will be placed back on the top of the
rotation list and will receive the next tow in rotation. ln ¿ddition, the Tow Operator will be given one extra tows
on the rotation list. Additional extra tows may be given at the discretion of the Tow Unit.
25. Release Fees
California law authorizes the recovery of funds required to enforce certain provisions of the CVC and promote
traffic safety on public roadways. This authorization falls under CVC section 22850.5 and further authorized by
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City resolutions. These resolutions are open to public view at the City and/or City offices and are on file with the
City's Traffic Bureau The Tow Operator will collect fees on the behalf of the City from the registered owner,
legal owner or agent of an impounded car.
A City administrative / franchise fee will be charged for the release of a vehicle that has been impounded by the
City. Fees will be established by an independent consulting firm to determine the City's costs associated with
impounding vehicles in accordance with CVC sections 22850.5 and 12110(b). All vehicles impounded will be
charged an administrative / franchise fee for the release of the vehicle. This fee will be established and attached
to each vehicle in the DTS System. The City's administrative fees will be collected at the time of the release by
the Tow Operator. The Tow Operator will pay the City's franchise fees equivalent to the City's administrative
fees for every vehicle that is not picked up by the owner or agent. The Tow Operator will pay the City's
administrative / franchjse fees for every,City vehicle that was towed during the preceding month and-will pay the
City no later than 12:00 p.m. on the 15"'of the following month, regardless of the disposition of the vehicl-e. ln
the event that the 15'n of the month falls on one of the State recognized holidays listed in Section 22 above, or a
weekend, the City's administrative/franchise fee must be paid by 12:00 p.m. on the followinq business dav. Tow
Operators who fail to submitthe City's administrative / franchise fees to the City by the 1Sh day of each monthwill be immediately suspended from rotation until all fees are received, and will be subject to appropriate
disciplinary action and civil recourse. The City will keep a strict accounting of these fees through ine'OtS
System and frequent audits will take place to ensure accurate and timely payment of collected City
administrative / franchise fees. The fee will be listed as an item on the owner's / agent's DTS contractor invoice.
26. UnauthorizedRelease
Unauthorized release of an impounded vehicle, accidental or othenryise, having evidentiary value, not officially
released by the City, and determined to be the fault of the Tow Operator, will result in the issuance of a major
violation as set forth in this Agreement. The determination of such fault will be the responsibility of the City
27. Release of Multi-Dav lmpounds
A vehicle impounded with a muftiple day hold may only be released prior to the impound period with written
authorization by the City in the DTS System. The DTS System will automatically schedule the release of an
impounded vehicle.
28. Release of Vehicles
Vehicles may only be released through the DTS System. Once the DTS System authorizes the release of a
stored or impounded vehicle, it is the Tow Operator's responsibility for the vehicle's release. The Tow Operatoris hereby granted authority to release to the registered owner, legal owner, or authorized representative,
pursuant to section 22850.3 of the CVC. At the time of release, the Tow Operator shall have the registered
owner, legal owner, or authorized representative taking possession of the vehicle sign a release indicatìng that
they are properly licensed and insured to drive a motor vehicle.
29. DisciplinarvAction
The Chief of Police, or his/her designee, shall take disciplinary action against Tow Operators for violations
investigated and sustained. Unless otherwise noted, the Chief of Police, or his/her designee, will determine the
period of suspension and shall retain discretion regarding the length of any suspension imposed pursuant to the
terms and conditions of this Agreement. The City shall retain record of violations for at least the term of this
Agreement.
30. Maior violations
Major violations include any chargeable offense under Federal, State, Local Law and significant violations of this
Agreement. Such violations shall result in suspension or immediate termination of this Agreement. The Chief ofPolice, or his/her designee, reserves the right to impose longer periods of suspensions or immediate
terminatíon, if deemed appropriate in his/her sole discretion. The Chief of Police, or his/her designee, reserves
the right to remove a Tow Operator from the tow rotation during the investigation of a majór violation A
reinstatement from suspension for a major violation will result in a five hundred dollar (9500.00) fee Suspension
will not be lifted until the reinstatement fee is received by the Chief of Police or his/her designee. ln addition, a
major violation may also result in the Tow Operator's employee being removed from participation in this
Agreement. Examples of major violations include, but are not limited to:
. Physical assault, against public and/or law enforcement. Verbalabuse against public and/or law enforcemento Resisting arrest. Tow Truck Driver under the influence of alcohol or illegal drugs
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. Charging rates that exceed those listed in Attachment B
. Vehicle released wrthout authorization
. Unauthorized access to storage yard
o Theft
. Mishandling of vehicles stored as evidence. Unauthorized driver responding to call
. Failure to provide information or change of status on any Tow Operator employee or staff. Substantiated private party impound complaints
. Any Felony/Misdemeanor arrest
. Refusalto take a rotationaltow
. Failure to utilize the DTS System for all City towing related matters
. Repeated late or nonpayment of City franchise fees
. Failure to properly secure storage yard
. Failure to obey a lawful order by law enforcement
31. Minor violations
Minor violations will be given to the Tow Operator in the form of a documented warning for the first violation The
second violation will be in the form of a documented reprimanded and a one hundred dollar ($100.00) fine.
Repeated minor violations during the term of the Agreement may be treated as a major violation, and the Tow
Operator will be suspended or terminated from this Agreement. A reinstatement from suspension will result in a
five hundred dollar ($500.00) fee. Suspension will not be lifted until the reinstatement fee is received by the
Chief of Police or his/her designee. Examples of minor violations include, but are not limited to:
¡ Late payment of City franchise fees. Tow truck drivers not wearing City issued l.D. cards/ proper uniform
. Unauthorizedarrival time in excess of thirty (30)minutes, orforty-five (45) minutes during peak hours. Repeated rejection of dispatched calls
. Other violations of this Agreement not considered a major violation by the Chief of Pofice or his/her
designee. Unauthorizedride-a-long. Failure to respond to customers' needs
. Failure to maintain proper equipment. Failure to clean up at a collision scene
. Vehicle code infractions
32. Hearinq/Appeal
Tow Operator must have a legal existing interest in the tow operation or entitlement subject to the City order,
citation, decision or determination to have standing to appeal a decision by the Chief of Police or his/her
designee An appeal that fails to identify the appellant's standing may be rejected as defective.
ln the event FPD serves Tow Operator with disciplinary action amounting to anything less than a suspension
resulting from a minor violation, the Tow Operator may request a hearing within fifteen ('15) calendar days by
submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow Unit
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension for thirty (30) days or
less resulting from a minor or major violation, the Tow Operator may request a hearing within fifteen (15)
calendar days by submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow
Unit. Upon receipt of a written request for an appeal, and at the discretion of the Chief of Police, or his/her
designee, the Tow Operator may be allowed to continue rotational tows until the final disposition of the appellate
hearing.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension in excess of thirty (30)
days, or termination of the TSA, the Tow Operator may request a hearing within fìfteen ('15) calendar days by
submitting an appeal in writing to the Administrative Hearing Officer by way of the City Manager's Office The
written appeal shall be in compliance with FMC sections 1-407 and 9-1712 Notwithstanding any provision
within Chapter 1, Article 4 of the FMC, any person who appeals a suspension in excess of thirty (30) days, or a
termination of the TSA shall not be entitled to placement on the Tow Rotation List or to participate in tows until
such time as any appeal hearing has been concluded and the Administrative Hearing Officer finds that no
grounds for a suspension in excess of thirty (30) days, or a termination of the TSA has been established. Tow
Operator's remedy shall be limited to reinstatement on the tow rotation list in such case and no other
compensation or consideration will be allowed.
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ATTACHMENT B
TOW FEES
Flat price per vehicle per call:
Light Duty Tow/Flatbed $ 184.00/Each
Medium Duty Tow $ Average CHP Rates Apply
Heavy Duty Tow $ Average CHP Rates Apply
Water Recovery: $ Average CHP Rates Apply
Technoloqy Fee:
DTS Software Fee per Vehicle Towed $ Charge listed in DTS Contract and DTS System
Storaqe Rates:
Passenger cars $ 45.00/per day
Motorcycles $ 45 00/per day
Trucks or Trailers $ Average CHP Rates Apply
ffi $5soo/perdayMotorcycles $ 55.00/per day
Trucks or Trailers $ Average CHP Rates Apply
Gate Fee: No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding
State recognized holidays as listed in the Agreement.
An after hours gate fee may be charged at all other times. The gate fee shall not exceed fifty percent (50%) of the
flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal property
recovery that occur outside normal business hours (excluding lien fees, storage fees, taxes, or other additional
fees).
Non-tow service calls (out of gas, lockouts, and flat tires) shall not exceed one-half the flat rate charge for a light
duty truck response.
City of Fresno Administrative / Franchise Fees:
Vehicle Collision Blocking a Roadway $ 60.00
lllegally Parked / Abandoned Vehicle $1 16.00
Unlicensed Driver / Expired Registration $189.00
Arrested / Suspended Driver $266.00
DUI Driver $450.00
All fees listed on the DTS invoice will be received in the form of major credit card, debit card or cash. No
credit card fee will be charged pursuant to CVC section 22651.1 and CCC section 1748.1.
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CITY OF FRESNO
NON-EXGLUSIVE FRANCHISE TOW AGREEMENT
FOR FRESNO POLICE DEPARTMENT
This Non-exclusive Fran_chise Tow Agreement (TSA) is entered into effect on the 2gth day of December 2014 setforth below, at Fresno, California, between the City of Fresno, a municipal corporation (City¡ anO Bauer,s AutoWrecking, a Partnership (the Tow Operator).
and regulations that a tow company agrees to comply
y of Fresno police Department (FpD). participation in
ry. Compliance with all of the terms and conditions of
ing in the Tow Program. A Tow Operator, by agreeing
nt for FPD or City when performing services unãer thiéAgreement
1. Governinq Law and Venue
This Agreement shall be governed by, and construed enforced in accordance with, the laws of the State ofCalifornia excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venuefor purposes of the filing of any action regarding the enforcement oi inierpretation of this Agreement and anyrights and duties hereunder shall be the county of Fresno, california.
2. Entire Aqreement
ts exhibits, when accepted by the Tow Operator either in writing orpe der, contains the entire Agreement between the parties with respett toan trictions, promises, warranties or undertakings other than those sàt tortnion bstitutes or revisions are valid or binding oñ City unless authorized byCity in writing
3. Amendments
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by theparties; no oral understanding or agreement not incorporated herein shall be binding on eJther otine parties;and no exceptions, alternatives, substitutes or revisions are valid or binding on City uñ|".s authorized Oy City inwriting.
4. Assiqnment or Sub Contractinq
The terms, covenants, and conditions contained herein shall apply to the parties. Furthermore, neither theperformance of this p_ortion thereof may be assigned or subcontracted by Tow operatorwithout the express city. Any attempi oy tow-operator to assign or subcontract theperformance or any ment without the exprãss written consent of Cäy shall be invalid andshall constitute a bre t.
5.
Unles rL-_:__1:__ rator shall be solely responsible for obtaining alicense or other authorization to use any patented ighted materials in the performance of thisAgreement Tow Operator warrants that any Software as modified through services provided hereunder will notinfringe u ¡ight, or trade secret rignt ot any iniro party. Tow opáratoragrees th fic requirement below, ittnatt indámnify, defénd ano nolO cityand City all such claims and be responsible for payment of all costs,damages, or arising from such claimls¡, including, 'but not limited to,attorney's
6. Non-Discrimination
ln the performance of this Agreement, Tow Operator a
1735 of the California Labor Code and not engage nor
employment of persons because of the race, religious
mental disability, medical condition, marital status, or s
violation of this provision shall subject Tow Operator
discrimination law or regulation, including but not limited to, section 1720 etseq. of the California Labor Code.
1
7. Termination
ln addition to any other remedies or rights it may have by law, City has the right to terminate this Agreementwithout penalty immediately with cause and_ either party may terminate anei ttrirty (30) days writtðn noticewithout cause, unless othenvise specified. Cause shall be defined as any breach oi tn'¡s Agreement or anymisrepresentation or fraud on the part of the Tow Operator. Exercise by City of its right io terminate theAgreement shall relieve City of all further obligation.
8. Gonsent to Breach Not Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver orconsent shall be in writing and signed by the party claimed to have waived or consented. Any consent by anyparty to, or waiver of, a breach by the other, whether express or implied, shall not constitute cônsent to, waiverof, or excuse for any other different or subsequent breach.
9. Remedies Not Exclusive
The remedies for breach set forth in this Agreement are cumulative as to one another and as to any otherprovided by law, rather than exclusive; and the expr-.ssion of certain remedies in this Agreement dóes notpreclude resort by either party to any other remedies provided by law.
10. lndependent Tow Operator
Tow Operator shall be consi nt Tow Operator and neither Tow Operator, its employees noranyone working under Tow considered an agent or an employee of City. ñeit'her towOperalor, its employees nor der Tow Operatoi, shall qualify for workers, óompensation orother fringe benefits of any ki
11. Performance
Tow Operator shall perform all work under this Agreement, taking necessary steps and precautions to performthe work to City's satisfaction. Tow Operator shall be responsible for ine þrotessional quality, téchnicalassurance, timely completion, and coordination of all d
Operator under this Agreement. Tow Operator shall:
workman-like manner; furnish all labor, supervision, m
therefore; at its sole expense obtain and maintain a
including those of City required in its governmental cap
permitted to subcontract, be fully responsible for allwor
12. lndemnification
A) Tow Operator shall indemnify, hold harmless and defend City and each of its officers, officials,employees, agents and authorized volunteers from any and' all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not'limited topersonal injury, death at any time and pro
other person, and from any and all clai
attorney's fees and litigation expenses), ari
performance of this Agreement Tow Op
apply regardless of whether City or any o
volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs ordamages caused solely by the gross negligence, or caused Oy tfre williul misconduct, of City oi anyof its officers, officials, employees, agents or authorized volunt,eers.
B) lf Tow Operator should subcontract all or any portion of the work to be performed under thisAgreement, Tow Operator shall require each subcontractor to indemnify, hold harmless and defendCity and each of its officers, officials, employees, agents and authorizäd volunteers in accordancewith the terms of the preceding paragraph.
C) This section shall survive termination or expiration of this Agreement.
13. lnsurance
A) Throughout the life of this Agreement, Tow Operator shall pay for and maintain in full force andeffect all policies of insurance required hereunder with an insurance company(ies) either (i) admitiedby the California lnsurance Commissioner to do business in the State'of California anò'rated notless than "A-Vll" in Best's lnsurance Rating Guide, or (ii) authorized by City's Risk Manager Thefollowing policies of insurance are required:
2
5)
B)
1) COMMERCIAL GENERAL LIABILITY insurance which shall be on the most current version of
lnsurance Services Office (lSO) Commercial General Liability Coverage Form CG 00 01 and
include insurance for "bodily injury," "property damage" and i'personaiand advertising injury,,with coverage for premises and operations, products and completed operatioñs, 'anO
contractual liability (including, without limitation, indemnity obligations under the Agreement)
with limits of liability of not less than $1,000,000 per occurrencé for bodily injury anð property
damage, $1,000,000 per occurrence for personal and advertising injury-a,iO $z,OOCj,OOóaggregate for products and completed operations and $2,000,000 generát ãggregate.
2) GARAGEKEEPERS LEGAL LIABILITY insurance which shall include coverage for vehicles in
the care, custody, and control of the Tow Operator with limits of liability of noiless than
$120,000 per occurrence for property damage.
3) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be on the most currentversion of lnsurance Service Office (lSO) Business Auto Coverage Form CA O0 01, andinclude coverage for all owned, hired, and non-owned automobiles ór other licensed vehicles(Code 1- Any Auto) with limits of not less than $1,000,000 per accident for bodily injury andproperty damage.
4) ON-HOOIICARGO insurance which shall include coverage for vehicles in tow with limits of
liability based on the size of the tow truck, which are as follows:
a) Class A/B tow truck. $120,000b) Class C tow truck... ..$200,000c) Class D tow truck.. ..$300,000
WORKERS' COMPENSATION insurance as required under the California Labor Code andEMPLOYERS' LIABILITY insurance with minimum timits of $1,000,000 each accident, $1,000,000disease policy limit and $1,000,000 disease each employee.
ponsible for payment of any deductibles contained in any insurance
and row operator shall also be responsible for payment of any self-
uctibles or self-insured retentions must be declared to on the Certificate
by the city's Risk Manager or his/her designee. At the option of theCity's Risk Manager, or his/her designee, either:
1) The insurer shall reduce or eliminate such deductibles or self-insured retention as
respects city, its officers, officials, employees, agents and volunteers; or
2) Tow Operation shall provide a financial guarantee, satisfactory to City's Risk Manager, orhis/her designee, guaranteeing payment of losses and related investigations, -
claimadministration and defense expenses At no time shall City be responsible for ihe payment ofany deductibles or self-insured retentions.
The above described policíes of insurance shall
calendar days written notice in favor of City of po
except for the Workers' Compensation policy w
notice of such cancellation, change or reduction
expire during the term of this Agreement, Tow perator shall provide a new certificate and allapplicable endorsements evidencing renewal of such policy prior to the expiration date of theexpiring policy(ies) to the Chief of Police, or his/her designee, and the City's nisk Division. Uponissuance by the insurer, broker, or agent of a notice of cancellation, change or reduction in
goverage, Tow Operator shall file with the Chief of Police, or his/her designee, ãnd the City,s RiskDivision, a new certificate and all applicabre endorsements for such policy(ies).
The General Liability, Automobile Liability and Garagekeepers Legal Liability insurance policies
shall be written on an occurrence form and shall name City, its officeis, officials, agents, employeesand volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so TowOperator's insurance shall be primary with respect to the City, its officers, officials, employees,agents and authorized volunteers with no contribution required of City. Any Workers' Compensationinsurance policy shall contain a waiver of subrogation as to city, its ôfficers, officials, agents,
c)
D)
3
employees and authorized volunteers. Tow Operator shall have furnished City with the certificate(s)
and applicable endorsements for ALL required insurance prior to City's execution of the Agreement.
E) The fact that insurance is obtained by Tow Operator shall not be deemed to release or diminish the
liability of Tow Operator, including, without limitation, liability under the indemnity provisions of this
Agreement. City shall apply to all claims and liability regardless of whether any insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by Tow Operator. Approval or purchase of any insurance contracts or policies shall in no
way relieve from liability nor limit the liability of Tow Operator, its principals, officers, agents,
employees, persons under the supervision of Tow Operator, vendors, suppliers, inv-itees,
consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of
them.
F) Upon request of City, Tow Operator shall immediately furnish City with a complete copy of any
insurance policy required under this Agreement, including all endorsements, with said copy'certified
by the unden¡vriter to be a true and correct copy of the original policy. This requirement sháll survive
expiration or termination of this Agreement.
G) lf at any time during the life of the Agreement or any extension, Tow Operator fails to maintain the
required insurance in full force and effect, all work under this Agreement shall be discontinued
immediately until notice is received by City that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory to City.
Any failure to maintain the required insurance shall be sufficient cause for City to terminate this
Agreement.
H) lf Tow Operator should subcontract all or any portion of the work to be performed, Tow Operator
shall require each subcontractor to provide insurance protection in favor of the City, its officer,
officials, employees, agents and authorized volunteers in accordance with the terms of each of the
preceding paragraphs, except that the subcontractors certificates and endorsements shall be on file
with the Tow Operator and City prior to the commencement of any work by the subcontractor.
14. Bills and Liens
Tow Operator shall pay promptly all indebtedness for labor, materials, and equipment used in performance of
the work. Tow Operator shall not permit any lien or charge to attach to the work or the premises, but if any does
so attach, Tow Operator shall promptly procure íts release and indemnify, defend, and hold City harmleés and
be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related
thereto.
15. Chanqe of Control
Tow Operator agrees that if there is a change or transfer in ownership or control of the Tow Operator's business
prior to completion of this Agreement, unless such change or transfer is to "immediate family" as defined in
Fresno Municipal Code (FMC) section 3-101(e) and approved in writing by the Chief of pôlice, or his/her
designee, such change or transfer shall terminate this Agreement. This includes but is not limited to changes in:
Corporate Board Members, Managers, Directors, Treasurer, Trustees, or ownership interests. All chanles or
transfers to "immediate family" must be approved by the Chief of Police, or his/her designee, prior to- such
change or transfer in order for the Tow Operator to remain on the tow services list. Final written approval or
disapproval for the change or transfer in ownership or control will be given by the Chief of police or his/her
designee. All "immediate family" members involved in the potential transfer and operation of the Tow Operator
shall be required to undergo a background check, review, and "Livescan" fìngerprint screening. The "immediate
family" members involved in the change or transfer of ownership or control must also possesé and keep current
all licensing certificates and insurance as required in this Agreement. The "immediate family" members who will
operate or othen¡vise be legally responsible for the Tow Operator will be required to execute a new TSA
A) Tow Operator owners shall be directly involved in the day-to-day operations of their
business and shall not be directly involved in the towing-related business of any other tow
company on, or applicant for, the Tow Rotation List. Co-mingling of operations, business,
offices, board members, and finances is stricfly prohibited.
B) lf terminated or suspended, Tow Operator and/or its owner at the time of the suspension or
termination, shall not be eligible for a rotation listing for the duration of the suspension or
termination. This section applies to the Tow Operator working in any capacity within any tow
4
business or operating any tow business and to the tow business even if operated under newownership.
C) Tow Operator shall not share equipment with any other tow company on, or applicant for, the TowRotation List, excluding equipment which may be unavailable due to repairs or when there is a needfor equipment replacement and written approval is obtained from the chief of police or his/her
designee.
16. Force Maieure
Tow Operator shall not be in breach of this Agreement caused by any act of God, war, civil disorder,employment strike or other cause beyond its reasonable control, provid'ed Tow Operator gives written notice ofthe cause of the delay to City within thirty-six (36)hours of the start of the delay and Tow Operator avails itself ofany available remedies
'17. Confidentialitv
Tow O ity and City-related records and information pursuantto all s at currently exist or exist at any time during the termof this be considered confidential and kept confidential byTow O ees.
18. Compliance with LawsTow d warra be provided under this Agreement shall fully comply, atTow with all statutes, restrictions, oidinancer, requirements, andregu ot limite by City in its governmental capacity and all other lawsappli at the ; are provided to and accepted by ôity. to* operatoracknowledges that City is relying on Tow Operatorto ensure such compliance 1coìlectiveíy laws¡. Tow Oþeratoragrees that it shall defend, indemnify and hold City and City lndemnitees harmless from alt tiabitity, Oamàges,costs, and expenses arising from or related to a violation of Laws.
19. Pricinq
The Agreement price shall include full compensation for providing all required services in accordance with theScope of Work attached to this Agreement, and no additional compensation will be allowed therefore, unlessotherwise provided for in this Agreement Tow Operator shall pay the City Franchise Fees as listed inAttachment "8", or "City Administrative / Franchise Fees", in accordance with Paiagraph 25 of Attachment ,,A,,.
20. Terms and Gonditions
Tow Operator acknowledges that the undersigned has read and agrees to all terms and conditions included inthis Agreement
21. Severabilitv
lf any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to beinvalid, void or Ùnenforceable, the remainder of the prrvisions hereof shall remain in full forcá and effect andshall in no way be affected, impaired or invalidated thereby.
22. Calendar Davs
Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless
otheruvise expressly provided
23. Attornev Fees
lf either party is required to commence any proceeding or legal action to enforce any term, covenant or conditionof this Agreement, the prevailing party in such proceeding or action shall be entiflêd to recover from the otherparty its reasonable Attorney's fees and legal expenses
24. lnterpretation
This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable inthe matters dealt with in this Agreement. ln addition, each party has been represented by experieñced andknowledgeable independent legalcounselof theirown choosing or has knowingly declined to seek such counsel
portunity to do so. ave
er in executing this any
gly, any rule or law ) or
on of any ambiguit has
5
drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable
manner to affect the purpose of the parties and this Agreement.
25. Authoritv
The parties to this Agreement represent and warrant that this Agreement has been duly authorized and
executed and constitute the legally binding obligation of their respective organization or entiiy, enforceable in
accordance with its terms.
26. Emplovee Eliqibilitv Verification
Tow Operator warrants that it fully complies with all Federal and State statutes and regulations regarding theemployment of aliens and others and that all its employees performing work under this Agreemen-t r""i th"
citizenship or alien status requirement set forth in Federal statutes and regulations. Tow Opãrator shall obtain,
from all employees performing work hereunder, all verification and other documentation of employment eligibility
status required by Federal or State statutes and regulations including, but not limited to, the lmmþration nätorm
and ControlAct of 1986, I U.S.C. 51324 et seq., as they currently exist and as they may be hereãfter amended.
Tow Operator shall retain all such documentation for all covered employees for the periód prescribed by the lawTow Operator shall indemnify, approved in writíng by City, and hold harmless, City, its
agents, officers, and employees ons and any other iiaOìtity which may be assessed agãinstTow Operator or City or both ny alleged violation of any Federal or State statui'es orregulations pertaining to the elig of any persons performing work under this Agreement.
27. Additional Terms and ConditionsA) Term of Agreement: This Agreement shalf commence on December 28, 2014, and shall be
effective for three (3) years from that date, unless otheruvise terminated by City.
B) Fiscal Appropriations: This Agreement is subject to and contingent upon applicable budgetary
appropriations being made by the City for each year during the term olË this Agreement. li such
appropriations are not fotlhcoming, the I greement will be terminated without penalty. TowOperator acknowledges that funding or portions of funding for this Agreement may also becontingent upon the receipt of funds from, and/or appropriation of funds by City. lt suóh funding
and/or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate
or modify this Agreement without penalty.
C) Conflict of Interest (Tow Operator): Tow Operator shall exercise reasonable care and diligence toprevent any actions or conditions that result in a conflict with the best interest of City. This
obligation shall apply to Tow Operator, Tow Operator's employees, agents, relatives, aîo tn¡roparties associated with accomplishing the w< rk hereunder Tow Operatois efforts shall include, butnot be limited to, establishing precautions to prevent its employees or agents from making,
receiving, providing, or offering gifts, entertainment, payments, loans, or other considerations which
could be deemed to appear to influence individuals to act contrary to the best interest of City.
D) Tow Operator Work Hours and Safety Standards. Tow Operator shall ensure compliance with all
safety and hourly requirements for employees, in accordance with federal, state, and City safety
and health regulations and laws.
E) Orderly Termination: Upon termination or other expiration of this Agreement, each party shall
the other party all papers, materials, and other properties of the other held by
of execution of the Agreement. ln addition, each party will assist the other party
ion of this Agreement and the transfer of all aspects, tangible and intangible, as
for the orderly, non-disruptive business continuation of eaðh party.
F) Reprocurement Costs: ln the case of default by Tow Operator, City may procure the service fromother sources and, if the cost is higher, Tow Operator will be held responsible to pay City the
difference between the Agreement cost and the price paid. City may make reasonable efforts to
obtain the prevailing market price at the time such services are rendered. This is in addition to any
other remedies available under law.
G) Authorization Warranty: Tow Operator represents and warrants that the person executing this
Agreement on behalf of and for Tow Operator is an authorized agent who iras actual authoñty to
bind Tow Operator to each and every term, condition, and obligation of this Agreement and thai all
requirements of Tow Operator have been fulfilled to provide such actual authority.
6
28.
H) Notices: Any and all notices permitted or required to be given hereunder shall be deemed duly
given (1)upon actualdelivery, if delivery is by hand; or(2) upon delivery bythe United States mail if
delivery is by postage paid registered or certified return receipt requested mail; or (3) through
electronic means such as, email or the Dispatch & Tracking Solutions Software System (DTS).
l) Data - Title to: All materials, documents, data or information obtained from City data files or any
City medium furnished to Tow Operator in the performance of this Agreement will at all times remaiñ
the property of City. Such data or information may not be used or copied for direct or indirect use
by Tow Operator after completion or termination of this Agreement without the express written
consent of City. All materials, documents, data or information, including copies, must be returned to
City at the end of this Agreement.
J) Usage: No guarantee is given by City to Tow Operator regarding usage of this Agreement. Usage
figures, if provided, are approximate, based upon the last usage. Tow Operator agrees to supfly
services and/or commodities requested, as needed by City, at prices listed in the Agreemeni,
regardless of quantity requested.
K) Tow Operator's Records: Tow Operator shall keep true and accurate accounts, records, books
and data which shall correctly reflect the business transacted by Tow Operator in accordance with
generally accepted accounting principles. These records shall be stored at the Tow Operators
principal place of business for a period of three (3) years after final payment is received by City
L) Audits/lnspections: Tow Operator agrees to permit City's authorized representative (including
auditors from a private auditing firm hired by City) access during normal working hours to all books,
accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose
of auditing or inspecting any aspect of performance under this Agreement. The inspection and/or
audit will be confined to those matters connected with the performance of the Agreement including,
but not limited to, the costs of administering the Agreement. City reserves the right to audit and
verify Tow Operator's records before or after final payment is made.
Tow Operator agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of records retention is stipulated under this Agreemént or
by law. Tow Operator agrees to allow interviews of any employees or others who mighireasonably
have information related to such records. Further, Tow Operator agrees to include a similar right tó
City to audit records and interview staff of any sub-Tow Operator related to performance of this
Agreement.
M) Should Tow Operator cease to exist as a legal entity, Tow Operator's records pertaining to this
Agreement shall be forwarded to the Chief of Police or his/her designee.
Disputes-Aqreement
A) The Parties shall deal in good faith and attempt to resolve potential disputes informally.
1) Tow Operator shall submit to the Chief of Police, or his/her designee, a written demand for a
final decision regarding the disposition of any dispute between the parties arising under,
related to, or involving this Agreement, unless City, on its own initiative, has already rendered
such a final decision.
2) Tow Operator's written demand shall be fully supported by factual information, and, if such
demand involves a cost adjustment to the Agreement, Tow Operator shall include with the
demand a written statement signed by a senior official indicating that the demand is made ingood faith, that the supporting data are accurate and complete, and that the amount
requested accurately reflects the Agreement adjustment for which Tow Operator believes City
is liable
B) Pending the final resolution of any dispute arising under, related to, or involving this Agreement,
Tow Operator agrees to diligently proceed with the performance of this Agreement. Tow Operator,s
failure to diligently proceed shall be considered a material breach of this Agreement.
C) Any final decision of City shall be expressly identified as such, shall be in writing, and shall be
signed by the City Hearing Administrative Officer, or Chief of Police, or his/hei designee, as
applicable. lf City fails to render a decision within ninety (90) days after receipt of Tow Operato/s
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The Parties
demand, it shall be deemed a final decision adverse to Tow Operator's contentions. City's final
decision shall be conclusive and binding regarding the dispute unless Tow Operator commences
action in a court of competent jurisdiction.
29. Breach of Aqreement
The failure of the Tow Operator to comply with any of the provisions, covenants or conditions of this Agreement
shall be a material breach of this Agreement. ln such event the City may, and in addition to any other iemedies
available at law, in equity, or otherwise specified in this Agreement, undertake any of the individual actions or
any combination of the following actions:
1) Afford the Tow Operator written notice of the breach and ten calendar days or such
shorter time that may be specifíed in this Agreement within which to cure the
breach;
2) Suspend andior remove Tow Operator from the rotation;
3) Terminate the Agreement immediately, without any penalty.
have executed this Agreement
"lf a corporation or limited liability company, the document must be signed by two corporate officers. The first signaturemust be either the Chairman of the Board, President, or any Vice President. The second signature must be thesecretary, an assistant secretary, the Chief Financial Officer, or any assistant treasurers. ln the álternatÍve, a singtesignature is acceptable when accompanied by a corporate document demonstrating the legal authority of thesignature to bind the company.
APPROVED AS TO FORM
DOUGLAS T. SLOAN
City Attorney
By Date:
M. øl(
ATTEST:
WONNE SPENCE, CMC
City Clerk
A municipal
B
/z/zz/rv
ATTACHMENT A
SCOPE OF WORK
1. Scope of Work
Tow Operator shall perform the towing, and storage of vehicles as directed by the City, and in addition, such
other services as provided in this Scope of Work, and shall provide necessary storage facility, tow vehicles,
labor, materials, equipment, machinery, and tools. The Tow Operator shall comply with all State laws and
regulations, applicable to tow units and impound, towing, storage, selling or junking of vehicles. Tow operators
must follow all guidelines set forth by equipment manufactures recommendations as to their use and care of all
towing related equipment. All permits and licensing fees as specified under California Vehicle Code (CVC)
sections 34620 through 34624 shall be in fullforce and effect at alltimes during this Agreement. Any violation of
this section will be considered a material breach of the Agreement and may result in immediate termination of
this Agreement.
2. Towinq Services and Duties
It shall be the duty of the Tow Operator, when so directed by the City, to provide prompt tow service for vehicles
which are taken into custody by the City. This includes vehicles involved in collisions or disabled by any other
cause, abandoned in public places or on private property. Vehicles impounded for evidence, impeding the flow
of traffic, or which for any other reason, are within the jurisdiction of the FPD. As required by law, Tow
Operators are to remove from the street all debris resulting from said collisions and to clean the immediate area
of such street (CVC section 27700(a)(1)). lt shall also be the duty to provide for the safety and security of those
vehicles and the contents thereof. These duties are inherent to the job and are to be included in the price of the
basic tow bill.
The tow truck operator shall provide a business card to the registered owner or driver for the vehicle being
towed. The business card shall contain the name, address and phone number of the tow company as well as
the link to the vehicle search system in DTS as follows: www findmytow.com
Tow truck operators and/or drivers will not be permitted to drive an impounded or recovered stolen vehicle or
vehicle intended for storage from a FPD rotation call or special operation. Any exceptions must be at the
direction of the FPD officer in charge of the scene and should be limited to repositioning the vehicle to allow for
towing.
The City has designated two (2) tow companies for evidence impound tows and no other rotation tow company
shall maintain custody over these vehicles at any time. lf an officer impounds a vehicle for evidence and a non-
preference rotational tow is dispatched, it is the responsibility of the tow driver to verify with the officer on scene
as to whether a vehicle is to be held for evidence. lf it is determined that the vehicle is to be held for evidence,
the tow driver must immediately notify the officer on scene that the company is not authorized to handle
evidence impounds and an evidence tow company shall be dispatched. Tow Operator shall then contact the
Tow Unit on the same business day, or within the next business day if such tow occurs after regular business
hours Acceptance of an evidence tow by a non-designated evidence tow company will result in disciplinary
action and full financial responsibility for all tow and storage fees for each violation.
lf terminated or suspended, Tow Operator and/or owner at the time of the suspension or termination, shall not
be eligible for a rotation listing for the duration of the suspension or termination. This provision applies to the
Tow Operator working in any capacity within any tow business or operating any tow business and to the tow
business even if operated under new ownership
Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow Rotation List,
excluding equipment which may be unavailable due to repairs or when there is a need for equipment
replacement and written notice has been obtained from FPD
3. Special Operations
FPD conducts special operations coordinated through the Traffic Bureau throughout the year that requires tow
companies at the location of the special operation. Tow companies on the Tow Rotation List that are in good
standing with FPD may be invited to participate in these operations, provided they are willing to remain with the
special operation until its conclusion and forfeit any rotational tow calls (FPD, California Highway patrol, or
other) received during the duration of the operation. "Good standing" shall mean that Tow Operator has not
violated, or is not in violation of the terms of this Agreement, the provisions of the FMC, State, or Federal law
All special operations tows will be subject to the provisions of this Agreement. Tow Operator shall respond to a
9
special operation with a flatbed tow truck with the capability of towing (2) vehicles No ride alongs will be allowed
on any special operations unless the ride along is the Tow Owner or a Tow Driver who is in training and has
been approved by FPD.
4. Siqnage and hours of Operation
The storage yard or business office shall have a sign that clearly identifies it to the public as a towing service.
The sign shall have letters that are clearly visible to the public from the street and must be visible at nlgnt All
storage facilities must be accessible to City personnel twenty-four (24) hours per day and seven (7) dãys perweek. The Tow Operator will provide customer service twenty-four (24) hours per day and seven (Z) Oays per
week for the release of vehicles.
Tow Operator shall provide at least one person at a call station to respond and release vehicles within thirty (30)
minutes. Tow Operator shall maintain all signage required pursuant to CVC sections 22BSO.3 and 22651.07
and include an after-hours contact phone number for Tow Operator.
5. Response Time
Tow Operator shall respond to calls twenty-four (24) hours a day, seven (7) days a week, within the maximum
response time limits as established by the Chief of Police or his/her designee. A reasonable response time is
thirty (30) minutes or less, except during peak hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m.,
(Monday through Friday), when the required response time will be extended to forty-five (45) minutes or lessTow Operator shall respond with a tow truck of the class required to tow the vehicle specified by the DTS
System.
6. Non-Response
The Tow Operator shall update the DTS System at the time of dispatch to a tow rotation request lf the Tow
Operator is either unable to respond or unable to meet the maximum response time, the tow operator shall
immediately update the DTS System accordingly. lf, after accepting the call, the Tow Operator is unable torespond or will be delayed in responding, the Tow Operator shall immediately update the DTS system
accordingly.
e to respond will be esponse. Each non-response will be immediately
DTS System. Each e logged by the DTS System and reviewed by thethe non-response is than the Tow Operator, the Tow Operator will be
otational list and calle portunity in line.
One such breach, determined to be the fault of the Tow Operator, will be grounds for written reprimand which
may be subsequent to a meeting between the Tow Operator and the City. A second breach may
'be
grounds fora (30) thirty-day suspension of this Agreement. A third violation will be considered a material bròach of the
Agreement and may result in immediate termination of this Agreement
ln the case of suspension or termination, all vehicles then in storage at the time of the suspension or termination
remain protected under this Agreement as City's impounds and the Tow Operator is so bound. The City will
have the option to remove and/or transfer stored vehicles.
When a Tow Operator ble to provide services due to preplanned/scheduled activity,
such as a vacation, m etc, the Tow Operator will notify City in writing via the DTS
system at least forty-e City reserves the right to deny these requests to maintain
adequate service levels for tow operations. Failure to notify the City will be considered a non-response and a
material breach of this agreement.
7. StoraqeResponsibilities
It shall be the duty of the Tow Operator to provide impound and other storage service for all vehicles as directed
by the City. The Tow Operator shall be responsible for all vehicles, accessories and equipment thereon and allpersonal property therein stored by Tow Operator. ft shall be the Tow Operators' duty to protect such stored
vehicles, accessories, equipment, and property against all loss or damage by fire, theft or other causes. TheTow Operator will have available for review by City personnel, all permits and proof of compliance to all local
zoning, special use, conditional use and special requirements, laws and regulation. lt is the responsibility of the
Tow Operator to ensure vehicles are stored in a secured facility.
8. Size and Location of Storaqe Facilitv
The tow yard shall be located within the City of Fresno's "Metropolitan Area." Metropolitan area is defined as
within the borders of Copper Avenue to the north, American Avenue to the south, DeWolf Avenue to the east,
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and Chateau Fresno to the west. Tow Operator shall be responsible for the security of vehicles and property atthe place of storage. At a minimum, a six (6) foot fence or enclosed secured area is required ior'outsidestorage. A minimum of 5,000 square feet, or room for twenty (20) vehicles, shall be provided. All tow yards
located with the City of Fresno shall be in compliance with the FMC, current Directors Class #208 and shall
follow the current Development and Resource Management Department's Policy and procedure C-002. lf the
tow facility is located outside the City of Fresno, the tow operator is required to provide written proof that theyard is in compliance with the authorizing jurisdiction. Tow Operator is responsible for the reasonable care,
custody, and control of any property contained in towed or stored vehicles. The storage facility and businessoffice will be located at the primary storage yard and shall be maintained in a functiónal, cleãn and orderlyfashion. The facility shall have a telephone, on-site fax machine and the necessary computer equipment toproperly run DTS software and to send and receive email.
ln the event of criminal activity at a storage facility, the City may require the Tow Operator to take measures toassist in preventing such crimes. These measures could include, but are not lìmited to. the yard beingilluminated during darkness, with security type lighting, to such a degree that visual observation oi the ent¡reyard may be accomplished at alltimes, improved fencing and/or security patrols.
All vehicles stored or impounded as a result of a tow ordered by the City shall be towed direcfly to a towing
service storage lot unless the City, or in the case of a citizen's assist, a person legally in charge of the vehicle-,
requests that it be taken to some other location.
All vehicles towed as a result of action taken by the City will be stored at the Tow Operator's principal place ofbusiness un the city's les stored at an auxiliary storage facilitywill be cons reement. ll not remove personal-prop"ñy from astored vehic removes a stored vehicie, the Tow òpeiator willmaintain do will requ signed receipt from the registered owner fór propertyreleased. The Tow Operator shall immediately notify the City if any contrabañd, weapons or hazardous
materials are found in the vehicle(s).
9. Enclosed Facilitv
The Tow Operator may maintain, without charge to the City or any other person, separate and enclosed garage
facilities no less than '1,000 square feet of clean working space. The facility must be constructed to include aroof and at least four walls of substantial design to withstand the elements and protect the vehicles from theweather. The facility should have a concrete floor and sufficient lighting. This inside facility must be located atthe Tow Operator's primary storage yard. This inside facility is not required to qualify tor tne City's rotation
however, when inside storage is requested for a particular vehicle, the next Tow Opeiator in line meeting theneeds of the City's request will be used.
10. DTS Requirements
Tow Operator shall utilize the most recent, updated and upgraded DTS software program, to dispatch and track,via a web-based lnternet connection Tow Operators will be required to enter the towed vehicle information asinstructed by the City At no time will a vehicle be released, subject to lien, or junked from impound without allrequired da he Tow Opeiator shall clearlyidentify and ctually released. All City towrequests sh progiam in full operation shallcause the d be grounds for immediatetermination separate agreement, or license for the DTS softwareprogram with the owner of that proprietary software. The City shall not provide the DTS software program, anylicensing or sub-licensing thereof or any intermediary services for the procurement by Tow Operator oi tne OfSsoftware program. This Agreement shall not be executed by the City until Tow Opárator has demonstrated tothe City's satisfaction compliance with the requirements set forth herein. Tow Operator shall be liable for allfees, charges, prices, rates and service charges required from DTS. DTS shall be utilized in "real time" and allentries should reflect as such. lnvoices shall be used from DTS when releasing vehicles and be pursuant tosection 22651.07 of the CVC. The only Tow Operator personnel authorized to utih'ze and access DTb are those
!!at hqye fully complied with the provisions set forth in Section 12, "Tow Operator Personnel" of this Agreement.lf the Tow Operator is not in FULL compliance with the above stated requirement, the Tow Operaìôr will beremoved from the City towing rotation. ln the event that DTS fails to provide software services, or the City electsto utilize a new software provider, the Tow_Operator will be required to use the replacement towing s'oft*ar"system. lf that occurs, all references to DTS in this Agreement shall instead be interpreted as refereñces to the
new software program
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11. Official Notification bv Citv Reoardinq Tow
Official notification by City regarding tow services is considered any form of written, email, verbal instructions ornotifications received from an authorized City employee or electronic notice from the DTS program. lf the TowOperator receives verbal instructions or notifications from a City employee the Tow Operaior ñrust respond toCity, by 5:00 p m (PST) on the next business day.
12. Tow Operator Personnel
A.) Conduct
The Tow Operator shall perform the services req
obtain and keep the confidence of the public.
employee of the Tow Operator exhibit any of
uncooperative, argumentative, threatening, incom
employee, or with any member of the public. T
assignment, if in the opinion of the City, the Tow Operator is acting in a rude, uncooperative,argumentative, threatening, incompetent or dangerous manner. The City alðo reserves the right ¡o cancelan individual tow assignment if in the opinion of the City the Tow Operaior is likely to damagã the vehiclefor which the tow service was called. Other examples of unacceptable behavior inôluOe but ãre not limitedto: profanity, abusive language, disconnecting telephone calls for public inquiries regarding a tów,threatening, aggressive, or assertive language, failure to provide timely information or documents inresponse to a public or City inquiry, lack of respect to any City personnel or member of the public,destruction or damaging of evidence, failure to comply with ihe reasonable request of a member of thepublic, failure to release vehicle in a timely manner, failure to make appointm'ent for release of vehicleduring evening or weekend hours, failure to promptly be on site at time of appointment for release ofvehicle during evening or weekend hours, impeding an investigation or any oth'ei conduct which the Citydeems unprofessional.
lf the Tow Operator is found to be in violation of this conduct clause, the City will cancel the Tow Operatorand request the next Tow Operator in rotation. Any such behavior as set fórth above shall be conòidereda material breach of this Agreement and may be grounds for immediate suspension or immediatetermination by the City, without penalty.
B.) PersonnelAppearance
Tow Operators shall be reguired to furnish their employees with a distinctive company uniform. Eachuniform shall have the firm's name, as well as the employee's name, in a conspicuous ptace. The towcornpany's name and driver's first name shall be clearly visible at all times, meäning thàt protective orinclement weather outer garments must meet this standard. Each employee shall have sufficient uniformsso as to maintain a neat, clean appearance at all times. Minimum requirements for uniforms include ashirt, long pants, and appropriate safety shoes. All drivers shall be in uniÎorm before any towing or serviceoperation begins. No wording, designs, photos, gestures, or anything that could be considered offensiveor obscene to the general public shall be displayed by the Tow Operators or on any part of the uniformDress standards are required in order to project a professional and positive image to ihe public.
All employees must be neat, clean and well groomed in appearance. ln order to ensure a professional
appearance, all tattoos must be concealed by operators while working. Personnel will be required toconceal any tattoos with gloves, collars,.long sleeves, or by other meañs acceptable to the City. Facialtattoos of any variety are not permitted. No facial piercings shall be worn while on duty.
Drivers shall wear safety vests or reflectorized clothing that conforms to Occupational Safety and HealthAdministration (OSHA) requirements. Alternatively, the OSHA safety requirements may be incorporatedinto the uniform, jacket, or rain gear, as long as these items are worn as the outermost garment.
C.) UnlawfulActivityTh hall not be involved, nor shall the Tow Operator or its employeesbe activity whether verbal, written or conveyed in any other manner,an may be construed as unlawful. lf the City deems the involvementto y terminate this Agreement.
The Tow Operator shall not provide any direct or indirect commission, gift or any compensation to anyperson or public or private entity, in consíderation of arranging or requestiñg the services of a tow truck asprovided in section 12110 of the CVC.
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No Tow Operator will be involved or solicit any compensation of any kind including but not limited to
involvement with any other company or business that might result in income or considèration as a result of
any activity initiated by the City
An example of such a prohibited involvement could include but is not limited to. financial reimbursement
pair business for referrals, or towing directly from the scene of a collision to the auto-body
ior unsolicited approval or request by the registered owner, driver or insurance companyof the damaged vehicle; kickback to or from a security company or homeowner'ð"finding" or towing a vehicle from a location, whether private property, public, off streetparking facility or a public roadway. Violation of this provision shall be grounds for immediate termination
by City, without penalty.
D ) Personnel Licenses
Tow Operators providing seruices under this Agreement, including tow truck drivers, dispatchers and otheroffice personnel, will have sufficient knowledge, experience and capability to ensure safe and proper
discharge of their service responsibilities. lt will be t re responsibility of the Tow Operator to ensure that allof its personnel will be properly licensed in accordance with sections 12s00, 12520, and 12g04.9 of the
CVC. All tow truck drivers and tow truck operators shall be enrolled in the "Pull Notice;' program as definedin CVC section1808.1 et seq.. Drivers must complete a CHP approved Tow Operatoi Cıurse every ¡ve(5) years and copies of completion of the course shall be sent to the City. All Tow Operators andpersonnel shall have no criminal record which would preclude them from being placed in a position of trustwhile in the service of a law enforcement agency or any crime listed below urider the heading of ',Criminal
Record."
E.) Fingerprints
All owners and employees who have not previously submitted their "Livescan" fingerprint samples shallsubmit their "LiveScan" fingerprint samples, at their own expense, through the City prior to being awarded
this Agreement, for the purposes of verifying their criminal history with thé Department of JusticJ
Failure to provide information regarding the identity of the owner, employee, or anyone else with afinancial interest in the Tow Operator wilf result in termination of this Agreement The iow Operator willprovide the City with information regarding any change in employee status immediately and update DTSto reflect such changes. Failure to comply may result in further disciplinary action, and will be considereda breach of this Agreement.
After execution of this Agreement, no person shall be employed by the Tow Operator or perform anyservice under this Agreement until the background record check and "LiveScan" is completeO anåapproved by the City and said employee has received their identification badge from the City.
Notwithstanding the foregoing, Tow Operators and owners that have towed for the City under the previous
Tow Service Agreement and have completed a new background and "LiveScan" cheôk will be aliowed tocontinue to tow for the City until such time as the results of the background and "LiveScan" submissions
are reviewed and approved by the City.
Any employee of the Tow Operator that has left employment with said Tow Operator and returned andbeen rehired must complete an additional background check before performing services pursuant to thisAgreement
F.) Criminal Record
A conviction of anyone with a financial interest in the Tow Operator, or any employee of the Tow Operator,including but not limited to any of the following offenses, may be cause for-denial of applicåtion oitermination of this Agreement:
. Any crimes listed in California Penal Code section 290. DU|-Within 5 years of the Date of Fingerprinting. Vehicle theft. Fraud. Stolen property
. Crimes of Violence. Any felony crime relating to narcotics or any controlled substance. Any other crimes enumerated in CVC section 2432.3
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. Actively on parole or on any form of probation. Crime of moral turpitude. Sex, Arson, Narcotics Registrant. Other felony conviction
The City is not required to provide any reason, rationale or factual information in the event it elects to deny
application or remove any of Tow Operator's personnel from providing services for the City under this
Agreement. Tow driver or employee applicants denied under this section may appeal to the Chief of
Police or his/her designee. All decisions by the Chief of Police, or his/her designee, are final.
ln the event the Tow Operator or employee is convicted or is under investigation, the Tow Operator may
be given the opportunity to replace that employee without prejudice to the Agreement. Nothing shall
prohibit the City from removing, suspending or terminating the Agreement. lt will be the responsibility of
the Tow Operator to provide the City with updated information regarding any illegal activity, arrest(s) or
conviction of any Tow Operator and/or employee For the purpose of this section, any conviction or plea
of guilty or nolo contendre, even to any lesser-included offense, are considered convictions. Failure to
provide information regarding the identity of the employee, or anyone else with a financial interest in the
Tow Operator will result in termination of the Agreement Failure to provide information to the City of any
information regarding the conviction of any of the above crimes may also result in termination of the
Agreement
G.) ldentificationBadges
Each tow truck driver or employee of the Tow Operator shall wear, in plain view an identification badge,
authorized and issued by the City to that employee, while on any call for service where the City is
involved. lf a tow truck driver responds to a scene without his authorized name badge, the tow truck
driver will be dismissed from the scene and the next Tow Operator in rotation will be called, Failure to
carry an identification badge will be considered a violation as stated in Section 31, "Disciplinary Action," of
this Agreement. The purpose of these badges will be to identify those employees of the Tow Operator
who have been fingerprinted by the City and have passed the record check by the Department of Justice.
All identification badges are the property of the City and will be returned by the Tow Operator to the City
within forty-eight (aB) hours of an employee's separation Tow Operator will provide a current list of all
staff including drivers, dispatchers, etc. Anytime there are any changes to this list, the City is to be notified
by the next business day and provided with an updated and current list.
13. Tow Operator Licensinq and Certification
All licensing and certifications required by Federal, State and local authorities shall be maintained current and
valid at all times as required in CVC sections: 34507.5,34600 et seq, 34620, and 12111, and sections 7231 et
seq, of the California Revenue and Taxation code. Failure to have any required license or certification, including
any driver who fails to have an appropriate class of license, may be grounds for immediate termination by City
without penalty.
',4. lnspection
All real property and improvements thereon, and all vehicle facilities, equipment and materials used by the Tow
Operator in the performance of the services required herein shall be open to inspection by the City or its
authorized representative, and will be subject to no less than one annual inspection. Additional inspections may
be conducted without notice during normal business hours lnspections may include, but are not limited to, all
books, accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose of auditing
or inspecting any aspect of performance directly related to this Agreement. ln the event that the City determines
that the real property and improvements thereon are insufficient, derelict or fail to meet the requirements as
called out in this Agreement, this Agreement may be terminated by City immediately, without penalty.
15. Vehicle and Equipment Requirements
Tow vehicles will be maintained in compliance with sections 24605, 25253,25300, 27700 and 27907 of the
CVC. Tow vehicles will be of at least 14,000 lbs. GVWR with dual rear wheels, with the ability to tow two (2)
vehicles, or a vehicle and/or a trailer. Tow vehicles must have two-way communication capabilities and the
ability to communicate and connect with the DTS System at all times. The Tow Operator shall have equipment
capable of towing from off-road areas, towing from underground facilities, and recovery services with an
adjustable boom with at least five tons of lifting capacity ln addition to the conventional wheel lift towing
capabilities, the Tow Operator shall maintain at least one or more flatbed or rollback trucks with a minimum of
fifty (50) feet of cable, and the required safety equipment. Unless otherwise specified by the City, all Tow
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operators shall respond to a tow service request with a flatbed or rollback truck as specified above. At thediscretion of the tow operator, a wrecker may be used to respond to a tow service request. lf for any reason theTow Operator is unable to complete the tow service request with the wrecker, the Tow Operatoi will not beplaced back on the top of the rotation list and a new Tow Operator will receive the tow service request
A 3-axle or 25-ton truck is not required equipment However, Tow Operators that possess this equipment will beplaced on a heavy-duty tow rotation list.
All trucks must have the required emerge¡cy lighting, portable stop and tail lamps, a broom, shovel, fireextinguisher (rating 4-Br C), a utility light, reflective triangles, a large pry-bar, covered trash cans with approvedabsorbent, rags, unlocking equipment, dollies (boom tr rcks), chains, anð/or tie downs.
Wheel lift trucks will maintain at least 100 feet of cable and all safety equipment as required by themanufacturer.
Tow vehicles must have a cable winch of sufficient size and capacity to retrieve vehicles that have gone offtraveled portions of roadways into inundated areas or other inaccessible locations. Winches must havé visiblelD tags designating the model, make, serial number, and rated capacity.
All tow trucks used in City tows will be subject to a yearly inspection. This does not preclude the City fromconducting random inspections throughout the year.
16. Vehicleldentification
Tow vehicles shall display identification signs in compliance with section 27907 of the CVC. The Tow Operatorshall not display any sign or advertising material that indicates that his tow vehicles are an official police serviceof the City.
17. Charqes and Fees to be collected from Reqistered Owners
All rates and charges shall be conspicuously posted in the office and in all tow vehicles. These rates shall quotecomplete charges and fees with no additional fees to b ¡ added at a later date. These rates will be availabl'e forreview by City personnel and/or the person for whom tow service is provided. All fees collected shall be itemizedand invoiced in DTS the CVC. lt will be the
to collect his bill for s sible in any way for the
be calculated on the which is counted as a
California Civil Code All fees listed on the DTS invoice will be received in theform of major credit card, debit card, or cash All fees collected, both City and Tow Operator fees, must beinvoiced through the DTS system prior to release and at the time of payment. No credit card fees will becharged pursuant to CVC section 22651.1 and CCC section 1748.1 for-any portion of the fees. The Cityreserves the right to change all payment methods during the term of this agreement.
18. Lien Fees
At no time shall the City be charged a lien fee on a towed or impounded vehicle. No lien shall be attached toany vehicle that has been impounded by the City until after seventy-two (72) hours from the time of storage aslisted in the DTS system have passed pursuant to section 22851.12 of the ôVC. All lien transactions ruit o"entered into the DTS system by Tow Operator. Vehicles sold at lien sale shall abide by all laws relating to liensales. A vehicle held in impound by the City for thirty (30) days, shall not be sold at lien until such tirñe as isconsidered reasonable to allow the registered owner time to pay for and pick up the vehicle before it is sold atlien, but under no circumstances before the thirty-fifth (35th) day after storage.
The Tow Operator shall abide by all applicable statutes and ordinances concerning disposal of unclaimedvehicles, including but not necessarily limited to CVC sections 22670; 22851; ZZAÉ¡ li ZZ1SI 2., 22851.3;
2285 1 .4; 22851 .6, 2285 1 .8', 22851 .1 0, 2285 1 . 1 2 and 228s2.5.
section 22856 of evidence shall not arise against the Tow
vehicle at, or d er, a lien sale, as long as the Tow Operator can
he was notified the vehicle would no[be needed as evidence inoof may exist i official release in the DTS System or any other writtenconveyance signed by a member of the City prior to the official, written release of the vehicle.
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19. Reasonableness and Validitv of Fees
Fees charged to the registered owner or any other person for response to calls originating from the City shall be
reasonable and not in excess of those rates charged for similar services provided in response to requests
initiated by any other public agency or private person. During the term of this agreement, the City shall conduct
an annual review each December of towing and storage fees of comparable cities and adjust rates set forth in
Attachment B by the first week of January of the following year.
20. Towinq Operation
All tows performed under this Agreement will be included in the flat rate charge as described in Attachment B
No additional charges shall be charged without prior approval from the City and written notice is provided in the
DTS System. Any unapproved charges received outside the DTS System will result in immediate termination of
this Agreement and removal from the rotation list.
The Tow Operator shall base towing charges upon the class of vehicle being towed regardless of the class of
the truck used, except when vehicle recovery operations require a larger class truck. The Tow Operator may
refer to the tow truck classes and weight ratings as defined by the Towing & Recovery Association of America
(TRAA) vehicle identification guide.
21. Service Gall Rotation and Fees
The City shall establish a separate rotation list for Tow Operators willing to respond to service requests (out of
gas, lockouts, tire changes, etc.) Rates for a service requests shall not exceed one-half the flat rate charge for a
light duty truck response
22. Gate Fees
No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding State
recognized holidays as listed below:
New Year's Day
Martin Luther King Day
Presidents'Day
Cesar Chavez Day
Memorial Day
lndependence Day
Labor Day
Veterans'Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
An after hours gate fee may be charged at all other times. The gate fee is not to exceed fifty percent (50%) of
the flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal
property recovery that occurs outside normal business hours (excluding lien fees, storage fees, taxes, or other
additional fees.) The Tow Operator is responsible for assuring that proper gate fees are charged in accordance
with this section. Over charging gate fees will be considered a major violation as outlined in Section 30.
All towing and storage fees charged by the Tow Operator are the responsibility of the vehicle's owner and are
not the responsibility of the City. The exception would be evidentiary impounds made at the direction of City
personnel
23. Cancelled Tow
The City shall not be liable to pay the Tow Operator or anyone else any charge or other fee for a call that does
not result in a chargeable service being rendered by Tow Operator ("Dry Run"). The cancelled Tow Operator
shall be placed back on the top of the rotation list and will receive the next tow in rotation.
24. Towed in Error
ln the event the City determines that an error has occurred in impounding a vehicle, it shall be immediately
released to the registered owner without charge and the Tow Operator will be placed back on the top of the
rotation list and will receive the next tow in rotation. ln addition, the Tow Operator will be given one extra tows
on the rotation list. Addítional extra tows may be given at the discretion of the Tow Unit.
25. Release Fees
California law authorizes the recovery of funds required to enforce certain provisions of the CVC and promote
traffic safety on public roadways. This authorization falls under CVC section 22850.5 and further authorized by
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City resolutions. These resolutions are open to public view at the City and/or City offices and are on file with the
City's Traffic Bureau. The Tow Operator will collect fees on the behalf of the City from the registered owner,
legal owner or agent of an impounded car.
A City administrative / franchise fee will be charged for the release of a vehicle that has been impounded by theCity Fees will be established by an independent consulting firm to determine the City's costs associated with
impounding vehicles in accordance with CVC sections 22850.5 and 12110(b) All vehicles impounded will be
charged an administrative / franchise fee for the release of the vehicle. This fee will be established and attached
to each vehicle in the DTS System. The City's administrative fees will be collected at the time of the release by
the Tow Operator. The Tow Operator will pay the City's franchise fees equivalent to the City's administrative
fees for every vehicle that is not picked up by the owner or agent. The Tow Operator will pay the City's
administrative / franchise fees for every,City vehicle that was towed during the preceding month and will pay the
City no later than 12:00 p.m. on the 15"'of the following month, regardless of the disposition of the vehicle. ln
the event that the 15"' of the month falls on one of the State recognized holidays listed in Section 22 above, or a
weekend, the City's administrative/franchise fee must be paid by 12:00 p.m. on the followinq business dav. Tow
Operators who fail to submit the City's administrative / franchise fees to the City by the 15h day of each month
will be immediately suspended from rotation until all fees are received, and will be subject to appropriate
disciplinary action and civil recourse. The City will keep a strict accounting of these fees through the DTS
System and frequent audits will take place to ensure accurate and timely payment of collected City
administrative / franchise fees. The fee will be listed as an item on the owner's / agent's DTS contractor invoice.
26. UnauthorizedRelease
Unauthorized release of an impounded vehicle, accidental or othen¡vise, having evidentiary value, not officially
released by the City, and determined to be the fault of the Tow Operator, will result in the issuance of a major
violation as set forth in this Agreement. The determination of such fault will be the responsibility of the City.
27. Release of Multi-Dav lmpounds
A vehicle impounded_with a multiple day hold may only be released prior to the impound period with written
authorization by the City in the DTS System. The DTS System will automatically schedule the release of an
impounded vehicle.
28. Release of Vehicles
Vehicles may only be released through the DTS System. Once the DTS System authorizes the release of a
stored or impounded vehicle, it is the Tow Operator's responsibility for the vehicle's release The Tow Operatoris hereby granted authority to release to the registered owner, legal owner, or authorized representative,
pursuant to section 22850.3 of the CVC. At the time of release, the Tow Operator shall have the registered
owner, legal owner, or authorized representative taking possession of the vehicle sign a release indicatìng that
they are properly licensed and insured to drive a motor vehicle.
29. DisciplinarvAction
The Chief of Police, or his/her designee, shall take disciplinary action against Tow Operators for violations
investigated and sustained. Unless otherwise noted, the Chief of Police, or his/her designee, will determine the
period of suspension and shall retain discretion regarding the length of any suspension imposed pursuant to the
terms and conditions of this Agreement. The City shall retain record of violations for at least the term of this
Agreement.
30. Maior violations
Major violations include any chargeable offense under Federal, State, Local Law and significant violations of this
Agreement. Such violations shall result in suspension or immediate termination of this Agreement. The Chief of
Police, or his/her designee, reserves the right to impose longer periods of suspensions or immediate
termination, if deemed appropriate in his/her sole discretion The Chief of Police, or his/her designee, reserves
the right to remove a Tow Operator from the tow rotation during the investigation of a majôr violation. A
reinstatement from suspension for a major violation will result in a five hundred dollar (9500.00) fee. Suspension
will not be lifted until the reinstatement fee is received by the Chief of Police or his/her designee. ln addition, a
major violation may also result in the Tow Operator's employee being removed from participation in this
Agreement. Examples of major violations ínclude, but are not limited to:
. Physical assault, against public and/or law enforcement. Verbal abuse against public and/or law enforcement. Resisting arrest. Tow Truck Driver under the influence of alcohol or illegal drugs
17-
o Charging rates that exceed those listed in Attachment B. Vehicle released without authorization. Unauthorized access to storage yard
. Theft
. Mishandling of vehicles stored as evidence. Unauthorized driver responding to call
. Failure to provide information or change of status on any Tow Operator employee or staff. Substantiated private party impound complaints
. Any Felony/Misdemeanor arrest. Refusalto take a rotational tow. Failure to utilize the DTS System for all City towing related matters. Repeated late or nonpayment of City franchise fees
. Failure to properly secure storage yard
. Failure to obey a lawful order by law enforcement
3l. Minor violations
Minor violations will be given to the Tow Operator in the form of a documented warning for the first violation. The
second violation will be in the form of a documented reprimanded and a one hundred dollar ($100.00) fine.
Repeated minor violations during the term of the Agreement may be treated as a major violation, and the Tow
Operator will be suspended or terminated from this Agreement. A reinstatement from suspension will result in a
five hundred dollar ($500.00) fee. Suspension will not be lifted until the reinstatement fee is received by the
Chief of Police or his/her designee Examples of minor violations include, but are not limited to:
o Late payment of City franchise fees. Tow truck drivers not wearing City issued l.D. cards/ proper uniformo Unauthorized arrival time in excess of thirty (30) minutes, or forty-five (45) minutes during peak hours. Repeated rejection of dispatched calls. Other violations of this Agreement not considered a major violation by the Chief of Police or his/her
designee. Unauthorizedride-a-long. Failure to respond to customers' needs. Failure to maintain proper equipmento Failure to clean up at a collision scene
. Vehicle code infractions
32. Hearinq/Appeal
Tow Operator must have a legal existing interest in the tow operation or entitlement subject to the City order,
citation, decision or determination to have standing to appeal a decision by the Chief of Police or his/her
designee. An appeal that fails to identify the appellant's standing may be rejected as defective.
ln the event FPD serves Tow Operator with disciplinary action amounting to anything less than a suspension
resulting from a minor violation, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow Unit
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension for thirty (30) days or
Iess resulting from a minor or major violation, the Tow Operator may request a hearing within fifteen (15)
calendar days by submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow
Unit. Upon receipt of a written request for an appeal, and at the discretion of the Chief of Police, or his/her
designee, the Tow Operator may be allowed to continue rotational tows until the final disposition of the appellate
hearing
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension in excess of thirty (30)
days, or termination of the TSA, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Administrative Hearing Officer by way of the City Manager's Office. The
written appeal shall be in compliance with FMC sections 1-407 and g-1712. Notwithstanding any provision
within Chapter 1, Article4 of the FMC, any person who appeals a suspension in excess of thirty (30) days, ora
termination of the TSA shall not be entitled to placement on the Tow Rotation List or to participate in tows until
such time as any appeal hearing has been concluded and the Administrative Hearing Officer finds that no
grounds for a suspension in excess of thirty (30) days, or a termination of the TSA has been established Tow
Operator's remedy shall be limited to reinstatement on the tow rotation list in such case and no other
compensation or consideration will be allowed
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ATTACHMENT B
TOW FEES
Flat price per vehicle per call:
Light Duty Tow/Flatbed $ 184.00/Each
Medium Duty Tow $ Average CHP Rates Apply
Heavy Duty Tow $ Average CHP Rates Apply
Water Recovery: $ Average CHP Rates Apply
Technoloqv Fee:
DTS Software Fee per Vehicle Towed $ Charge listed in DTS Contract and DTS System
Storaqe Rates:
Passenger cars $ 45.00/per day
Motorcycles $ 45.00/per day
Trucks or Trailers $ Average CHP Rates Apply
lnside Storaqe Rates.
Passenger cars $ 55 00/per day
Motorcycles $ 55.00/per day
Trucks or Trailers $ Average CHP Rates Apply
Gate Fee: No gate fees may be charged between 8:00 a.m. through 5.00 p.m Monday through Friday, excluding
State recognized holidays as listed in the Agreement.
An after hours gate fee may be charged at all other times. The gate fee shall not exceed fifty percent (50%) of the
flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal property
recovery that occur outside normal business hours (excluding lien fees, storage fees, taxes, or other additional
fees).
Non-tow service calls (out of gas, lockouts, and flat tires) shall not exceed one-half the flat rate charge for a light
duty truck response
Citv of Fresno Administrative / Franchise Fees:
Vehicle Collision Blocking a Roadway $ 60.00
lllegally Parked / Abandoned Vehicle $116.00
Unlicensed Driver / Expired Registration $189.00
Arrested / Suspended Driver $266.00
DUI Driver $450.00
AII fees tisted on the DTS ínvoice wilt be received ín the form of major credit card, debit card or cash. No
credit card fee wíll be charged pursuant to CVC secfion 22651.1 and CCC section 1748.1.
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CITY OF FRESNO
NON-EXCLUSIVE FRANCHISE TOW AGREEMENT
FOR FRESNO POLICE DEPARTMENT
This Non-exclusive Franchise Tow Agreement (TSA) is entered into effect on the 28th day of December 2014 setforth below, at Fresno, California, between the City of Fresno, a municipal corporation (City) and Bulldog
Square, a California corporation (the Tow Operator)
all attachments, contains rules and regulations that a tow company agrees to comply
in the tow operations of the City of Fresno Police Department (FPD). Participation in
gram (Tow Program) is voluntary. Compliance with all of the terms and conditions of
the Agreement is mandatory for tow companies participating in the Tow Program A Tow Operator, by agreeingto participate in the Tow Program, is not acting as an agent for FPD or City when performing services'unãer thisAgreement.
1. Governinq Law and Venue
This Agreement shall be governed by, and construed enforced in accordance with, the laws of the State ofCalifornia excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venuefor purposes of the filing of any action regarding the enforcement or interpretation of this Ágreement and anyrights and duties hereunder shall be the County of Fres lo, California.
2. Entire Aqreement
This Agreement, its attachments and exhibits, when accepted by the Tow Operator either in writing orcommencement of performance hereunder, contains the entire Agreement between the parties with respeðt tothe matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forthherein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized byCity in writing
3. Amendments
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by theparties; no oral understanding or agreement not incorporated herein shall be binding on eJther otine part¡es;
and no exceptions, alternatives, substitutes or revisions are valid or binding on City uñless authorized by City inwriting
4. Assiqnment or Sub Contractinq
The terms, covenants, and conditions contained herein shall apply to the parties. Furthermore, neither theperformance of this Agreement nor any portion thereof may be assigned or subcontracted by Tow Operatorwithout the express written consent of City. Any attempt by Tow Operator to assign or iubcontract theperformance or any portion of this Agreement without the express written consent of city shall be invalid andshall constitute a breach of this Agreement.
5. PatenUGopvriqht Materials/Proprietarv lnfrinqement
Unless otherwise expressly provided in this Agreement, Tow Operator shall be solely responsible for obtaining alicense or other authorization to use any patented or copyrighted materials in the performance of thisAgreement. Tow Operator warrants that any Software as modified through services provided hereunder will notinfringe upon or violate any patent, proprietary right, or trade secret right of any ihirO party. Tow Operator
agrees that, in accordance with the more specific requirement below, it shall indemnify,'defénd anO nótO Cityand City lndemnitees harmless from any and all such claims and be responsible for payment of all costsdamages, penalties and expenses related to or arisi g from such claim(s), including, 'but not limited to,attorney's fees, costs and expenses
6. Non-Discrimination
ln the performance of this Agreement, Tow Operator agrees that it will comply with the requirements of section
1735 of the California Labor Code and not engage nor permit any Tow Operators to engage in discrimination in
employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, marital status, or sex of such persons. Tow Operator äcknówledges that aviolation of this provision shall subject Tow Operator to all the penalties imposed for a violatioñ of anti-
discrimination law or regulation, including but not limited to, section 1720 etseq. of the California Labor Code.
1
7. Termination
ln addition to any other remedies or rights it may have by law, City has the right to terminate this Agreement
without penalty immediately with cause and either party may terminate after thirty (30) days writtãn notice
without cause, unless otherwise specified. Cause shall be defined as any breach of this Agreement or any
misrepresentation or fraud on the part of the Tow Operator Exercise by City of its right to terminate the
Agreement shall relieve City of all further obligation.
8. Consent to Breach Not Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or
consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any
party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver
of, or excuse for any other different or subsequent breach.
9. Remedies Not Exclusive
The remedies for breach set forth in this Agreement are cumulative as to one another and as to any otherprovided by law, rather than exclusive; and the expression of certain remedies in this Agreement dóes not
preclude resort by either party to any other remedies provided by law.
10. lndependent Tow Operator
Tow Operator shall be considered an independent Tow Operator and neither Tow Operator, its employees noranyone working under Tow Operator shall be considered an agent or an employee of City. Ñeit-her Tow
Operator, its employees nor anyone working under Tow Operator, shall qualify for workers' ðompensation or
other fringe benefits of any kind through City
11. Performance
Tow Operator shall perform all work under this Agreement, taking necessary steps and precautions to performthe work to City's satisfaction. Tow Operator shall be responsible for the professional quality, technical
assurance, timely completion, and coordination of all documentation and other goods/services furnis-hed by Tow
Operator under this Agreement. Tow Operator shall: perform all work diligently, carefully, and in a good and
workman-like manner; furnish all labor, supervision, machinery, equipment, materials, anð supplies nãcessary
therefore; at its sole expense obtain and maintain all permits and licenses required by public authorities,
including those of City required in its governmental capacity, in connection with performance of the work; and, ifpermitted to subcontract, be fully responsible for all work performed by sub-Tow Operators.
12. lndemnification
A) Tow Operator shall indemnify, hold harmless and defend City and each of its officers, officials,
employees, agents and authorized volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited top any time and property damage) incurred by City, Tow Operator, or anyo any and all claims, demands and actions in law or equity (includinga on expenses), arising or alleged to have arisen directly or indirectly out ofp ement. Tow Operator's obligations under the preceding sentence shall
apply regardless of whether City or any of its officers, officials, employees, agents or authorized
volunteers are negligent, but shall not apply to any loss, liability, fines, penalties,-forfeitures, costs or
damages caused solely by the gross negllgence, or caused by the willful misconduct, of City or any
of its officers, officials, employees, agents or authorized volunteers.
B) lf Tow Operator should subcontract all or any portion of the work to be performed under this
Agreement, Tow Operator shall require each subcontractor to indemnify, hold harmless and defend
City and each of its officers, officials, employees, agents and authorized volunteers in accordance
with the terms of the preceding paragraph.
C) This section shall survive termination or expiration of this Agreement.
13. lnsurance
A) Throughout the life of this Agreement, Tow Operator shall pay for and maintain in full force and
effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted
by the California lnsurance Commissioner to do business in the State of California and'rated not
less than 'A-Vll" in Best's lnsurance Rating Guide, or (ii) authorized by City's Risk Manager. The
following policies of insurance are required:
2
5)
B)
1) COMMERCIAL GENERAL LIABILITY insurance which shall be on the most current version of
lnsurance Services Office (lSO) Commercial General Liability Coverage Form CG 00 01 and
include insurance for "bodily injury," "property damage" and "personal and advertising injury"
with coverage for premises and operations, products and completed operations, and
contractual liability (including, without limitation, indemnity obligations under the Agreement)
with limits of liability of not less than $1,000,000 per occurrence for bodily injury and property
damage, $1,000,000 per occurrence for personal and advertising injury and $2,000,000
aggregate for products and completed operations and $2,000,000 general aggregate
2) GARAGEKEEPERS LEGAL LIABILITY insurance which shall include coverage for vehicles in
the care, custody, and control of the Tow Operator with limits of liability of not less than
$120,000 per occurrence for property damage.
3) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be on the most current
version of lnsurance Service Office (lSO) Business Auto Coverage Form CA 00 01, and
include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles
(Code 1- Any Auto) with limits of not less than $1,000,000 per accident for bodily injury and
propefty damage.
4) ON-HOOI(CARGO insurance which shall include coverage for vehicles in tow with limits of
liability based on the size of the tow truck, which are as follows:
a) Class AJB tow truck... .. ...$120,000b) Class C tow truck... $200,000c) Class D tow truck... ... ... $300,000
WORKERS' COMPENSATION insurance as required under the California Labor Code and
EMPLOYERS'LIABILITY insurance with minimum limits of $1,000,000 each accident, $1,000,000
disease policy limit and $1,000,000 disease each employee.
Tow Operator shall be responsible for payment of any deductibles contained in any insurance
policies required hereunder and Tow Operator shall also be responsible for payment of any self-
insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate
of lnsurance and approved by the City's Risk Manager or his/her designee. At the option of the
City's Risk Manager, or his/her designee, either:
1) The insurer shall reduce or eliminate such deductibles or self-¡nsured retent¡on as
respects city, its officers, officials, employees, agents and volunteers; or
2) Tow Operation shall provide a financial guarantee, satisfactory to City's Risk Manager, or
his/her designee, guaranteeing payment of losses and related investigations, claim
administration and defense expenses. At no time shall City be responsible for the payment of
any deductibles or self-insured retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30)
calendar days written notice in favor of City of policy cancellation, change or reduction of coverage,
except for the Workers'Compensation policy which shall provide ten (10) calendar days writt,en
notice of such cancellatíon, change or reduction of coverage ln the event any policies are due to
expire during the term of this Agreement, Tow Operator shall provide a new certificate and all
applicable endorsements evidencing renewal of such policy prior to the expiration date of the
expiring policy(ies) to the Chief of Police, or his/her designee, and the City's Risk Division Upon
issuance by the insurer, broker, or agent of a notice of cancellation, change or reduction in
coverage, Tow Operator shall file with the Chief of Police, or his/her designee, and the City's Risk
Division, a new certificate and all applicable endorsements for such policy(ies).
The General Liability, Automobile Liability and Garagekeepers Legal Liability insurance policies
shall be written on an occurrence form and shall name City, its officers, officials, agents, employees
and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Tow
Operator's insurance shall be primary with respect to the City, its officers, officials, employees,
agents and authorized volunteers with no contribution required of City Any Workers' Compensation
insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents,
c)
D)
3
employees and authorized volunteers Tow Operator shall have furnished City with the certificate(s)
and applicable endorsements for ALL required insurance prior to City's execution of the Agreement.
E) The fact that insurance is obtained by Tow Operator shall not be deemed to release or diminish the
liability of Tow Operator, including, without limitation, liability under the indemnity provisions of this
Agreement. City shall apply to all claims and liability regardless of whether any insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by Tow Operator. Approval or purchase of any insurance contracts or policies shall in no
way relieve from liability nor limit the liability of Tow Operator, its principals, officers, agents,
employees, persons under the supervision of Tow Operator, vendors, suppliers, inv-itees,
consultants, sub-consultants, subcontractors, or anyone employed directly or indirecfly by any of
them.
F) Upon request of City, Tow Operator shall immediately furnish City with a complete copy of any
insurance policy required under this Agreement, including all endorsements, with said copy-certi¡ed
by the underwriter to be a true and correct copy of the original policy. This requirement shãll survive
expiration or termination of this Agreement.
G) lf at any time during the life of the Agreement or any extension, Tow Operator fails to maintain the
required insurance in full force and effect, all work under this Agreement shall be discontinued
immediately until notice is received by City that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory to Clty.
Any failure to maintain the required insurance shall be sufficient cause for City to terminate this
Agreement
H) lf Tow Operator should subcontract all or any portion of the work to be performed, Tow Operator
shall require each subcontractor to provide insurance protection in favor of the City, its officer,
officials, employees, agents and authorized volunteers in accordance with the terms oi each of the
preceding paragraphs, except that the subcontractors certificates and endorsements shall be on file
with the Tow Operator and City prior to the commencement of any work by the subcontractor.
14. Bills and Liens
Tow Operator shall pay promptly all indebtedness for labor, materials, and equipment used in performance of
the work. Tow Operator shall not permit any lien or charge to attach to the work or the premises, but if any does
so attach, Tow Operator shall promptly procure its release and indemnify, defend, and hold City harmleås and
be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related
thereto.
15. Chanqe of Control
Tow Operator agrees that if there is a change or transfer in ownership or control of the Tow Operator's business
prior to completion of this Agreement, unless such change or transfer is to "immediate family" as defined in
Fresno Municipal Code (FMC) section 3-101(e) and approved in writing by the Chief of police, or his/her
designee, lrch change or transfer shallterminate this Agreement. This includes but is not limited to changes in:
Corporate Board Members, Managers, Directors, Treasurer, Trustees, or ownership interests. All chanles or
transfers to "immediate family" must be approved by the Chief of Police, or his/her designee, prior to such
change or transfer in order for the Tow Operator to remain on the tow services list. Final written approval or
disapproval for the change or transfer in ownership or control will be given by the Chief of police or his/her
designee. All "immediate family" members involved in the potential transfer and operation of the Tow Operator
shall be required to undergo a background check, review, and "Livescan" fingerprint screening. The "immediate
family" members involved in the change or transfer of ownership or control must also possesð and keep current
all licensing certificates and insurance as required in this Agreement. The "immediate family" members who will
operate or otherwise be legally responsible for the Tow Operator will be required to execute a new TSA.
A) Tow Operator owners shall be directly involved in the day-to-day operat¡ons of their
business and shall not be directly involved in the towing-related business of any other tow
company on, or applicant for, the Tow Rotation List. Co-mingling of operations, business,
offices, board members, and finances is stricfly prohibited.
B) lf terminated or suspended, Tow Operator and/or its owner at the time of the suspension or
termination, strall not be eligible for a rotation listing for the duration of the suspension ortermination. This section applies to the Tow Operator working in any capacity withìn any tow
4
business or operating any tow business and to the tow business even if operated under new
ownership.
C) Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow
Rotation List, excluding equipment which may be unavailable due to repairs or when there is a need
for equipment replacement and written approval is obtained from the Chief of police or his/her
designee.
16. Force Maieure
Tow Operator shall not be in breach of this Agreement caused by any act of God, war, civil disorder,
employment strike or other cause beyond its reasonable control, provided Tow Operator gives written notice of
the cause of the delay to City within thirty-six (36) hours of the start of the delay and Tow Operator avails itsetf of
any available remedies.
17. Confidentialitv
Tow Operator agrees to maintain the confidentiality of all City and City-related records and information pursuant
to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the termof this Agreement. All such records and information shall be considered confidential anà kept confidential by
Tow Operator and Tow Operator's staff, agents and employees.
18. Compliance with Laws
Tow Operator represents and warrants that services to be provided under this Agreement shall fully comply, atTow Operator's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, 'and
regulations, including, but not limited to those issued by City in its governmental capacity and all other laws
applicable to the services at the time services are provided to and accepted Oy ôity Tow Operator
acknowledges that City is relying on Tow Operator to ensure such compliance (collectiveiy Laws). Tow Oþerator
agrees that it shall defend, indemnify and hold City and City lndemnitees harmless from alt l¡ability, damages
costs, and expenses arising from or related to a violation of Laws.
19. Pricinq
The Agreement price shall include full compensation for providing all required seryices in accordance with the
Scope of Work attached to this Agreement, and no additional compensation will be allowed therefore, unless
otherwise provided for in this Agreement. Tow Operator shall pay the City Franchise Fees as listed in
Attachment "8", or "City Administrative / Franchise Fees", in accordance with Parag raph 25 of Attachment ,,A"
20. Terms and Conditions
Tow Operator acknowledges that the undersigned has read and agrees to all terms and conditions included in
this Agreement.
2'1. Severabilitv
lf any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired or invalidated thereby
22. Calendar Davs
Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless
otherwise expressly provided.
23. Attornev Fees
lf either party is required to commence any proceeding or legal action to enforce any term, covenant or condition
of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other
party its reasonable Attorney's fees and legal expenses.
24. lnterpretation
This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable inthe matters dealt with in this Agreement. ln addition, each party has been represented by experienced and
knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel
despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have
not been influenced to any extent whatsoever in executing this Agreement by any other party hereto or
-by
any
person representing them, or both. Accordingly, any rule or law (including California Civil Code section tOS+¡or
legal decision that would require interpretation of any ar biguities in this Agreement against the party that has
5
drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable
manner to affect the purpose of the parties and this Agreement.
25. Authoritv
The parties to this Agreement represent and warrant that this Agreement has been duly authorized and
executed and constitute the legally binding obligation of their respective organization or entity, enforceable in
accordance with its terms.
26. Emplovee Eliqibilitv Verification
Tow Operator warrants that it fully complies with all Federal and State statutes and regulations regarding the
employment of aliens and others and that all its employees performing work under this Agreement meet the
citizenship or alien status requirement set forth in Federal statutes and regulations. Tow Operator shall obtain,
from all employees performing work hereunder, all verification and other documentation of employment eligibility
status required by Federal or State statutes and regulations including, but not limited to, the lmmigration Rêform
and ControlAct of 1986, 8 U.S.C. 51324 et seq., as they currently exist and as they may be hereafter amended.
Tow Operator shall retain all such documentation for all covered employees for the period prescribed by the law.
Tow Operator shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its
agents, officers, and employees from employer sanctions and any other liability which may be assessed against
Tow Operator or City or both in connection with any alleged violation of any Federal or State statutes or
regulations pertaining to the eligibility for employment of any persons performing work under this Agreement.
27. Additional Terms and ConditionsA) Term of Agreement: This Agreement shall commence on December 28, 2014, and shall be
effective for three (3) years from that date, unless othen¡¿ise terminated by City.
B) Fiscal Appropriations: This Agreement is subject to and contingent upon applicable budgetary
appropriations being made by the City for each year during the term of this Agreement lf such
appropriations are not forthcoming, the Agreement will be terminated without penalty. Tow
Operator acknowledges that funding or portions of funding for this Agreement may also be
contingent upon the receipt of funds from, and/or appropriation of funds by City. lf such funding
and/or appropriations are not forthcoming, or are othenvise limited, City may immediately terminate
or modify this Agreement without penalty.
C) Conflict of lnterest (Tow Operator): Tow Operator shall exercise reasonable care and diligence to
prevent any actions or conditions that result in a conflict with the best interest of City. This
obligation shall apply to Tow Operator, Tow Operator's employees, agents, relatives, and third
parties associated with accomplishing the work hereunder. Tow Operator's efforts shall include, but
not be limited to, establishing precautions to prevent its employees or agents from making,
receiving, providing, or offering gifts, entertainment, payments, loans, or other considerations which
could be deemed to appear to influence individuals to act contrary to the best interest of City
D) Tow Operator Work Hours and Safety Standards: Tow Operator shall ensure compliance with all
safety and hourly requirements for employees, in accordance with federal, state, and City safety
and health regulations and laws.
E) Orderly Termination: Upon termination or other expiration of this Agreement, each party shall
promptly return to the other party all papers, materials, and other properties of the other held by
each for purposes of execution of the Agreement. ln addition, each party will assist the other Party
in orderly termination of this Agreement and the transfer of all aspects, tangible and intangible, as
may be necessary for the orderly, non-disruptive business continuation of each party.
F) Reprocurement Costs: ln the case of default by Tow Operator, City may procure the service from
other sources and, if the cost is higher, Tow Operator will be held responsible to pay City the
difference between the Agreement cost and the price paid. City may make reasonable efforts to
obtain the prevailing market price at the time such services are rendered. This is in addition to any
other remedies available under law.
G) Authorization Warranty: Tow Operator represents and warrants that the person executing this
Agreement on behalf of and for Tow Operator is an authorized agent who has actual authority to
bind Tow Operator to each and every term, condition, and obligation of this Agreement and that all
requirements of Tow Operator have been fulfilled to provide such actual authority
6
28.
H) Notices: Any and all notices permitted or required to be given hereunder shall be deemed duly
given (l) upon actualdelivery, if delivery is by hand; or (2)upon delivery by the United States mail if
delivery is by postage paid registered or certified return receipt requested mail; or (3) through
electronic means such as, email or the Dispatch & Tracking Solutions Software System (DTS).
l) Data - Title to: All materials, documents, data or information obtained from City data files or any
City medium furnished to Tow Operator in the performance of this Agreement will at all times remaiñ
the property of City. Such data or information may not be used or copied for direct or indirect use
by Tow Operator after completion or termination of this Agreement without the express written
consent of City. All materials, documents, data or information, including copies, must be returned to
City at the end of this Agreement.
J) Usage: No guarantee is given by City to Tow Operator regarding usage of this Agreement. Usage
figures, if provided, are approximate, based upon the last usage. Tow Operator agrees to suppty
services and/or commodities requested, as needed by City, at prices listed in the Agreemeni,
regardless of quantity requested.
K) Tow Operator's Records: Tow Operator shall keep true and accurate accounts, records, books
and data which shall correctly reflect the business transacted by Tow Operator in accordance with
generally accepted accounting principles. These records shall be stored at the Tow Operators
principal place of business for a period of three (3) years after final payment is received by City.
L) Audits/lnspections: Tow Operator agrees to permit City's authorized representative (including
auditors from a private auditing firm hired by City) access during normal working hours to all books,
accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operatorforthe purpose
of auditing or inspecting any aspect of performance under this Agreement. The inspection and/or
audit will be confined to those matters connected with the performance of the Agreement including,
but not limited to, the costs of administering the Agreement. City reserves the right to audit and
verify Tow Operator's records before or after final payment is made
Tow Operator agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of records retention is stipulated under this Agreemént or
by law. Tow Operator agrees to allow interviews of any employees or others who mighireasonably
have information related to such records. Further, Tow Operator agrees to include a!¡milar right to
City to audit records and interview staff of any sub-Tow Operator related to peformance of this
Agreement.
M) Should Tow Operator cease to exist as a legal entity, Tow Operator's records pertaining to this
Agreement shall be forwarded to the chief of police or his/her designee
Disputes-Aqreement
A) The Parties shall deal ín good faith and attempt to resolve potential disputes informally
1) Tow Operator shall submit to the Chief of Police, or his/her designee, a written demand for afinal decision regarding the disposition of any dispute between the parties arising under,
related to, or involving this Agreement, unless City, on its own initiative, has already rendered
such a final decision.2) Tow Operator's written demand shall be fully supported by factual information, and, if such
demand involves a cost adjustment to the Agreement, Tow Operator shall include with the
demand a written statement signed by a senior official indicating that the demand is made ingood faith, that the supporting data are accurate and complete, and that the amount
requested accurately reflects the Agreement adjustment for which Tow Operator believes City
is liable.
B) Pending the final resolution of any dispute arising under, related to, or involving this Agreement,
Tow Operator agrees to diligently proceed with the performance of this Agreemeni. Tow Operator's
failure to diligently proceed shall be considered a material breach of this Agreement.
C) Any final decision of City shall be expressly identified as such, shall be 'in writing, and shall be
signed by the City Hearing Administrative Offìcer, or Chief of Police, or his/her designee, as
applicable. lf City fails to render a decision within ninety (90) days after receipt of Tow Operator's
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demand, it shall be deemed a final decision adverse to Tow Operator's contentions. City's final
decision shall be conclusive and binding regarding the dispute unless Tow Operator commences
action in a court of competent jurisdiction.
29. Breach of Aqreement
The failure of the Tow Operator to comply with any of the provisions, covenants or conditions of this Agreement
shall be a material breach of this Agreement. ln such event the City may, and in addition to any other remedies
available at law, in equity, or otherwise specified in this Agreement, undertake any of the individual actions or
any combination of the following actions:
1) Afford the Tow Operator written notice of the breach and ten calendar days or such
shorter time that may be specified in this Agreement within which to cure the
breach;
2) Suspend and/or remove Tow Operator from the rotation;
3) Terminate the Agreement immediately, without any penalty.
Tite: Ae U
Dete: ltzt{ -la
"lf a corporation or limited liability company, the document must be signed by two corporate officers. The first signature
must be either the Chairman of the Board, President, or any Vice President. The second signature must be the
secretary, an assistant secretary, the Chief Financial Officer, or any assistant treasurers ln the alternative, a single
signature is acceptable when accompanied by a corporate document demonstrating the legal authority of the
signature to bind the company.
Date:
ATTEST:
WONNE SPENCE, CMC
City Clerk
The Parties hereto have executed this Agreement.
DOUGLAS T
By::
I
t zlz¿/t,/
ATTACHMENT A
SCOPE OF WORK
1. Scope of Work
Tow Operator shall perform the towing, and storage of vehicles as directed by the City, and in addition, such
other services as provided in this Scope of Work, and shall provide necessary storage facility, tow vehicles,
labor, materials, equipment, machinery, and tools. The Tow Operator shall comply with all State laws and
regulations, applicable to tow units and impound, towing, storage, selling or junking of vehicles. Tow operators
must follow all guidelines set forth by equipment manufactures recommendations as to their use and care of all
towing related equipment. All permits and licensing fees as specified under California Vehicle Code (CVC)
sections 34620 through 34624 shall be in fullforce and effect at alltimes during this Agreement. Any violation of
this section will be considered a material breach of the Agreement and may result in immediate termination of
this Agreement.
2. Towinq Services and Duties
It shall be the duty of the Tow Operator, when so directed by the City, to provide prompt tow service for vehicles
which are taken into custody by the City. This includes vehicles involved in collisions or disabled by any other
cause, abandoned in public places or on private property. Vehicles impounded for evidence, impeding the flow
of traffic, or which for any other reason, are within the jurisdiction of the FPD As required by law, Tow
Operators are to remove from the street all debris resulting from said collisions and to clean the immediate area
of such street (CVC section 27700(a)(1)). lt shall also be the duty to provide for the safety and security of those
vehicles and the contents thereof These duties are inherent to the job and are to be included in the price of the
basic tow bill
The tow truck operator shall provide a business card to the registered owner or driver for the vehicle being
towed. The business card shall contain the name, address and phone number of the tow company as well as
the link to the vehicle search system in DTS as follows: www.findmytow.com
Tow truck operators and/or drivers will not be permitted to drive an impounded or recovered stolen vehicle or
vehicle intended for storage from a FPD rotation call or special operation. Any exceptions must be at the
direction of the FPD officer in charge of the scene and should be limited to repositioning the vehicle to allow for
towing.
The City has designated two (2) tow companies for evidence impound tows and no other rotation tow company
shall maintain custody over these vehicles at any time. lf an officer impounds a vehicle for evidence and a non-
preference rotational tow is dispatched, it is the responsibility of the tow driver to verify with the officer on scene
as to whether a vehicle is to be held for evidence. lf it is determined that the vehicle is to be held for evidence,
the tow driver must immediately notify the officer on scene that the company is not authorized to handle
evidence impounds and an evidence tow company shall be dispatched. Tow Operator shall then contact the
Tow Unit on the same business day, or within the next business day if such tow occurs after regular business
hours. Acceptance of an evidence tow by a non-designated evidence tow company will result in disciplinary
action and full financial responsibility for all tow and storage fees for each violation.
lf terminated or suspended, Tow Operator and/or owner at the time of the suspension or termination, shall not
be eligible for a rotation listing for the duration of the suspension or termination. This provision applies to the
Tow Operator working in any capacity within any tow business or operating any tow business and to the tow
business even if operated under new ownership.
Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow Rotation List,
excluding equipment which may be unavailable due to repairs or when there is a need for equipment
replacement and written notice has been obtained from FPD
3. Special Operations
FPD conducts special operations coordinated through the Traffic Bureau throughout the year that requires tow
companies at the location of the special operation. Tow companies on the Tow Rotation List that are in good
standing with FPD may be invited to participate in these operations, provided they are willing to remain with the
special operation until its conclusion and fofeit any rotational tow calls (FPD, California Highway Patrol, or
other) received during the duration of the operation. "Good standing" shall mean that Tow Operator has not
violated, or is not in violation of the terms of this Agreement, the provisions of the FMC, State, or Federal law
All special operations tows will be subject to the provisions of this Agreement Tow Operator shall respond to a
I
spec¡al operation with a flatbed tow truck with the capability of towing (2) vehicles. No ride alongs will be allowed
on any special operations unless the ride along is the Tow Owner or a Tow Driver who is in training and has
been approved by FPD.
4. Signaqe and hours of Operation
The storage yard or business offìce shall have a sign that clearly identifies it to the public as a towing service.
The sign shall have letters that are clearly visible to the public from the street and must be visible at night All
storage facilities must be accessible to City personnel twenty-four (24) hours per day and seven (7) days per
week. The Tow Operator will provide customer service twenty-four (24) hours per day and seven (7) days per
week for the release of vehicles
Tow Operator shall provide at least one person at a call station to respond and release vehicles within thirty (30)
minutes Tow Operator shall maintain all signage required pursuant to CVC sections 22850.3 and 22651.07
and include an after-hours contact phone number for Tow Operator.
5. Response Time
Tow Operator shall respond to calls twenty-four (24) hours a day, seven (7) days a week, within the maximum
response time limits as established by the Chief of Police or his/her designee. A reasonable response time is
thirty (30) minutes or less, except during peak hours of 7:00 a.m. to 9:00 a.m and 4:00 p.m. to 6:00 p m.,
(Monday through Friday), when the required response time will be extended to forty-five (45) minutes or less
Tow Operator shall respond with a tow truck of the class required to tow the vehicle specified by the DTS
System
6. Non-Response
The Tow Operator shall update the DTS System at the time of dispatch to a tow rotation request. lf the Tow
Operator is either unable to respond or unable to meet the maximum response time, the tow operator shall
immediately update the DTS System accordingly. lf, after accepting the call, the Tow Operator is unable to
respond or will be delayed in responding, the Tow Operator shall immediately update the DTS system
accordingly.
To decline or refuse to respond will be considered a non-response. Each non-response will be immediately
documented in the DTS System. Each non-response will be logged by the DTS System and reviewed by the
City. lf the fault for the non-response is attributed to other than the Tow Operator, the Tow Operator will be
placed back in the rotational list and called at the next opportunity in line.
One such breach, determined to be the fault of the Tow Operator, will be grounds for written reprimand which
may be subsequent to a meeting between the Tow Operator and the City. A second breach may be grounds for
a (30) thirty-day suspension of this Agreement. A third violation will be considered a material breach of the
Agreement and may result in immediate termination of this Agreement.
ln the case of suspension or termination, all vehicles then in storage at the time of the suspension or termination
remain protected under this Agreement as City's impounds and the Tow Operator is so bound. The City will
have the option to remove and/or transfer stored vehicles
When a Tow Operator will be temporarily unavailable to provide services due to preplanned/scheduled activity,
such as a vacation, maintenance, medical leave, etc., the Tow Operator will notify City in writing via the DTS
system at least forty-eight (48) hours in advance. City reserves the right to deny these requests to maintain
adequate service levels for tow operations. Failure to notify the City will be considered a non-response and a
material breach of this agreement.
7. StoraqeResponsibilities
f t shall be the duty of the Tow Operator to provide impound and other storage service for all vehicles as directed
by the City. The Tow Operator shall be responsible for all vehicles, accessories and equipment thereon and all
personal property therein stored by Tow Operator. lt shall be the Tow Operators' duty to protect such stored
vehicles, accessories, equipment, and property against all loss or damage by fire, theft or other causes. The
Tow Operator will have available for review by City personnel, all permits and proof of compliance to all local
zoning, special use, conditional use and special requirements, laws and regulation. lt is the responsibility of the
Tow Operator to ensure vehicles are stored in a secured facility.
8. Size and Location of Storaqe Facilitv
The tow yard shall be located within the City of Fresno's "Metropolitan Area." Metropolitan area is defined as
within the borders of Copper Avenue to the north, American Avenue to the south, DeWolf Avenue to the east,
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and Chateau Fresno to the west. Tow Operator shall be responsible for the security of vehicles and property at
the place of storage At a minimum, a six (6) foot fence or enclosed secured area is required for outside
storage. A minimum of 5,000 square feet, or room for twenty (20) vehicles, shall be provided. All tow yards
located with the City of Fresno shall be in compliance with the FMC, current Directors Class #208 and shall
follow the current Development and Resource Management Department's Policy and Procedure C-002. lf the
tow facility is located outside the City of Fresno, the tow operator is required to provide written proof that the
yard is in compliance with the authorizing jurisdiction. Tow Operator is responsible for the reasonable care,
custody, and control of any property contained in towed or stored vehicles. The storage facility and business
office will be located at the primary storage yard and shall be maintained in a functional, clean and orderly
fashion The facility shall have a telephone, on-site fax machine and the necessary computer equipment to
properly run DTS software and to send and receive email.
ln the event of criminal activity at a storage facility, the City may require the Tow Operator to take measures to
assist in preventing such crimes. These measures could include, but are not limited to: the yard being
illuminated during darkness, with security type lighting, to such a degree that visual observation of the entire
yard may be accomplished at alltimes, improved fencing and/or security patrols.
All vehicles stored or impounded as a result of a tow ordered by the City shall be towed directly to a towing
service storage lot unless the City, or in the case of a citizen's assist, a person legally in charge of the vehicle,
requests that it be taken to some other location.
All vehicles towed as a result of action taken by the City will be stored at the Tow Operator's principal place of
business unless directed othen¡vise by the City's Tow Coordinator. Vehicles stored at an auxiliary storage facility
will be considered a breach of this Agreement. The Tow Operator shall not remove personal property from a
stored vehicle. lf the registered owner removes personal property from a stored vehicle, the Tow Operator will
maintain documentation of such and will require a signed receipt from the registered owner for property
released. The Tow Operator shall immediately notify the City if any contraband, weapons or hazardous
materials are found in the vehicle(s).
9. Enclosed Facilitv
The Tow Operator may maintain, without charge to the City or any other person, separate and enclosed garage
facilities no less than 1,000 square feet of clean working space. The facility must be constructed to include a
roof and at least four walls of substantial design to withstand the elements and protect the vehicles from the
weather. The facility should have a concrete floor and sufficient lighting. This inside facility must be located at
the Tow Operator's primary storage yard This inside facility is not required to qualify for the City's rotation,
however, when inside storage is requested for a particular vehicle, the next Tow Operator in line meeting the
needs of the City's request will be used.
10. DTS Requirements
Tow Operator shall utilize the most recent, updated and upgraded DTS software program, to dispatch and track,
via a web-based lnternet connection. Tow Operators will be required to enter the towed vehicle information as
instructed by the City. At no time will a vehicle be released, subject to lien, or junked from impound without all
required data fields being entered into the DTS system by the Tow Operator. The Tow Operator shall clearly
identify and enter into DTS the name of the person to whom the vehicle was actually released. All City tow
requests shall be made utilizing this program. Failure at any time to have the DTS program in full operation shall
cause the immediate removal of the Tow Operator from the tow rotation and be grounds for immediate
termination by City Tow Operator must enter into a separate agreement, or license for the DTS software
program with the owner of that proprietary software The City shall not provide the DTS software program, any
licensing or sub-licensing thereof or any intermediary services for the procurement by Tow Operator of the DTS
software program. This Agreement shall not be executed by the City until Tow Operator has demonstrated to
the City's satisfaction compliance with the requirements set forth herein. Tow Operator shall be liable for all
fees, charges, prices, rates and service charges required from DTS. DTS shall be utilized in "real time" and all
entries should reflect as such. lnvoices shall be used from DTS when releasing vehicles and be pursuant to
section 22651 07 of the CVC. The only Tow Operator personnel authorized to utilize and access DTS are those
that have fully complied with the provisions set forth in Section 12, "Tow Operator Personnel" of this Agreement.
lf the Tow Operator is not in FULL compliance with the above stated requirement, the Tow Operator will be
removed from the City towing rotation. ln the event that DTS fails to provide software services, or the City elects
to utilize a new software provider, the Tow Operator will be required to use the replacement towing software
system. lf that occurs, all references to DTS in this Agreement shall instead be interpreted as references to the
new software program
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11. Official Notification bv Citv Reqardinq Tow
Official notification by City regarding tow services is considered any form of written, email, verbal instructions or
notifications received from an authorized City employee or electronic notice from the DTS program. lf the Tow
Operator receives verbal instructions or notifications from a City employee the Tow Operator must respond to
City, by 5:00 p.m. (PST) on the next business day
12. Tow Operator Personnel
A.) Conduct
The To the services required of it in an ethical, orderly manner, endeavoring toobtain of the public. At no time will the Tow Operator or its agent or ãnyemploy exhibit any of the following behavior: rudeness, or otherwise beinguncoop reatening, incompetent or acting in a dangerous manner with any City
employee, or with any member of the public. The City reseryes the right to cancel an individuál towassignment, if in the opinion of the City, the Tow Operator is acting in a rude, uncooperative,
argumentative, threatening, incompetent or dangerous manner. The City also reseryes the right t,o cancel
an individual tow assignment if in the opinion of the City the Tow Operator is likely to damagé the vehicle
for which the tow service was called Other examples of unacceptable behavior include but ãre not limitedto: profanity, abusive language, disconnecting telephone calls for public inquiries regarding a tow,
threatening, aggressive, or assertive language, failure to provide timely information oidocuments in
response to a public or City inquiry, lack of respect to any City personnel or member of the public,
destruction or damaging of evidence, failure to comply with the reasonable request of a member of thepublic, failure to release vehicle in a timely manner, failure to make appointment for release of vehicle
during evening or weekend hours, failure to promptly be on site at time of appointment for release of
vehicle during evening or weekend hours, impeding an investigation or any othei conduct which the City
deems unprofessional.
lf the Tow Operator is found to be in violation of this conduct clause, the City will cancel the Tow Operator
and request the next Tow Operator in rotation. Any such behavior as set forth above shall be considereda material breach of this Agreement and may be grounds for immediate suspension or immediate
termination by the City, without penalty
B.) PersonnelAppearance
Tow Operators shall be required to furnish their employees with a distinctive company uniform. Each
uniform shall have the firm's name, as well as the employee's name, in a conspicuous place. The tow
company's name and driver's first name shall be clearly visible at all times, meaning that protective or
inclement weather outer garments must meet this standard. Each employee shall have sufficient uniformsso as to maintain a neat, clean appearance at all times. Minimum requirements for uniforms include a
shirt, long pants, and appropriate safety shoes All drivers shall be in uniform before any towing or service
operation begins. No wording, designs, photos, gestures, or anything that could be considered offensive
or obscene to the general pubfic shall be displayed by the Tow Operators or on any part of the uniform.
Dress standards are required in order to project a professional and positive image to ihe public.
All employees must be neat, clean and well groomed in appearance. ln order to ensure a professional
appearance, all tattoos must be concealed by operators while working Personnel will be required to
conceal any tattoos with gloves, collars, long sleeves, or by other means acceptable to the City. Facial
tattoos of any variety are not permitted No facial piercings shall be worn while on duty.
Drivers shall wear safety vests or reflectorized clothing that conforms to Occupational Safety and Health
Administration (oSHA) requirements Alternatively, the OSHA safety requirements may be incorporated
into the uniform, jacket, or rain gear, as long as these items are worn as the outermost garment.
C.) UnlawfulActivitv
The Tow Operator or it's employees shall not be involved, nor shall the Tow Operator or its employees
become involved in any agreement or activity whether verbal, written or conveyed in any other manner,
any activity or business venture which may be construed as unlawful. lf the Ciiy deems ihe involvement
to be unlawful, the City may immediately terminate this Agreement.
The Tow Operator shall not provide any direct or indirect commission, gift or any compensation to anyperson or public or private entity, in consideration of arranging or requesting the services of a tow truck asprovided in section 12110 of the CVC.
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No Tow Operator will be involved or solicit any compensation of any kind including but not limited to
involvement with any other company or business that might result in income or consideration as a result of
any activity initiated by the City.
An example of such a prohibited involvement could include but is not limited to: financial reimbursement
by auto-body repair business for referrals, or towing directly from the scene of a collision to the auto-body
shop without prior unsolicited approval or request by the registered owner, driver or insurance company
representative of the damaged vehicle; kickback to or from a security company or homeowner's
association for "finding" or towing a vehicle from a location, whether private property public, off street
parking facility or a public roadway. Violation of this provision shall be grounds for immediate termination
by City, without penalty.
D.) Personnel Licenses
Tow Operators providing services under this Agreement, including tow truck drivers, dispatchers and other
office personnel, will have sufficient knowledge, experience and capability to ensure safe and proper
discharge of their service responsibilities. lt will be the responsibility of the Tow Operator to ensure that all
of its personnel will be properly licensed in accordance with sections 12500, 12520, and j2BO4 9 of the
CVC. All tow truck drivers and tow truck operators shall be enrolled in the "Pull Notice" program as defined
in CVC sectionlB0S 1 et seq.. Drivers must complete a CHP approved Tow Operator Course every five
(5) years and copies of completion of the course shall be sent to the City. All Tow Operators and
personnel shall have no criminal record which would preclude them from being placed in a position of trust
while in the service of a law enforcement agency or any crime listed below under the heading of "Criminal
Record "
E.) Fingerprints
All owners and employees who have not previously submitted their "LiveScan" fingerprint samples shall
submit their "LiveScan" fingerprint samples, at their own expense, through the City prior to being awarded
this Agreement, for the purposes of verifying their criminal history with the Department of Justice.
Failure to provide information regarding the identity of the owner, employee, or anyone else with a
financial interest in the Tow Operator will result in termination of this Agreement. The Tow Operator will
provide the City with information regarding any change in employee status immediately and update DTS
to reflect such changes. Failure to comply may result in further disciplinary action, and will be considered
a breach of this Agreement.
After execution of this Agreement, no person shall be employed by the Tow Operator or perform any
service under this Agreement until the background record check and "LiveScan" is completed and
approved by the City and said employee has received their identification badge from the City.
Notwithstanding the foregoing, Tow Operators and owners that have towed for the City under the previous
Tow Service Agreement and have completed a new background and "LiveScan" check will be allowed to
continue to tow for the City until such time as the results of the background and "LiveScan" submissions
are reviewed and approved by the City.
Any employee of the Tow Operator that has left employment with said Tow Operator and returned and
been rehired must complete an additional background check before performing services pursuant to this
Agreement
F ) Criminal Record
A conviction of anyone with a financial interest in the Tow Operator, or any employee of the Tow Operator,
including but not limited to any of the following offenses, may be cause for denial of application or
termination of this Agreement:
. Any crimes listed in California Penal Code section 290. DUI-Within 5 years of the Date of Fingerprinting. Vehicle theft¡ Fraud. Stolen property
. Crimes of Violence. Any felony crime relating to narcotics or any controlled substance. Any other crimes enumerated in CVC section 2432.3
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. Actively on parole or on any form of probation. Crime of moral turpitude. Sex, Arson, Narcotics Registrant. Other felony conviction
The City is not required to provide any reason, rationale or factual information in the event it elects to deny
application or remove any of Tow Operator's personnel from providing services for the City under this
Agreement. Tow driver or employee applicants denied under this section may appeal to Ìne Chief of
Police or his/her designee. All decisions by the Chief of Police, or his/her designee, are final.
ln the event the Tow Operator or employee is convicted or is under investigation, the Tow Operator may
be given the opportunity to replace that employee without prejudice to the Agreement. Nothing shail
prohibit the City from removing, suspending or terminating the Agreement. lt will be the responsiOitity of
the Tow Operator to provide the City with updated information regarding any illegal activity, arrest(s) or
conviction of any Tow Operator and/or employee. For the purpose of this section, any conviction or plea
of guilty or nolo contendre, even to any lesser-included offense, are considered convictions. Failure to
provide information regarding the identity of the employee, or anyone else with a financial interest in the
Tow Operator will result in termination of the Agreement. Failure to provide information to the City of any
information regarding the conviction of any of :he above crimes may also result in termination of the
Agreement.
G.) ldentificationBadges
Each tow truck driver or employee of the Tow Operator shall wear, in plain view an identification badge,
authorized and issued by the City to that employee, while on any call for service where the City isinvolved lf a tow truck driver responds to a scene without his authorized name badge, the tow truck
driver will be dismissed from the scene and the next Tow Operator in rotation will be èalled. Failure to
carry an identification badge will be considered a violation as stated in Section 31 "Disciplinary Action," of
this Agreement. The purpose of these badges will be to identify those employees of the Tow Operator
who have been fingerprinted by the City and have passed the record check by the Department of Justice.
All identification badges are the property of the City and will be returned by the Tow Operator to the City
within forty-eight (48) hours of an employee's separation. Tow Operator will provide a current list of all
staff including drivers, dispatchers, etc. Anytime there are any changes to this list, the City is to be notified
by the next business day and provided with an updated and current list.
13. Tow Operator Licensinq and Certification
All licensing and certifications required by Federal, State and local authorities shall be maintained current and
valid at all times as required in CVC sections: 34507.5,34600 et seq, 34620, and 12111, and sections 7231 eT
seq, of the California Revenue and Taxation code. Failure to have any required license or certification, including
any driver who fails to have an appropriate class of license, may be grounds for immediate termination by City
without penalty.
14. lnspection
All real property and improvements thereon, and all vehicle facilities, equipment and materials used by the Tow
Operator in the performance of the services required herein shall be open to inspection by the City or its
authorized representative, and will be subject to no less than one annual inspection. Additional inspections may
be conducted without notice during normal business hours. lnspections may include, but are not limited to, all
books, accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpoèe oi auditing
or inspecting any aspect of performance directly related to this Agreement. ln the event that the City determines
that the real property and improvements thereon are insufficient, derelict or fail to meet the requirements as
called out in this Agreement, this Agreement may be terminated by City immediately, without penalty.
15. Vehicle and Equipment Requirements
Tow vehicles will be maintained in compliance with sections 24605, 25253,25300, 2T7OO and 27907 of theCVC. Tow vehicles will be of at least 14,000 lbs. GVWR with dual rear wheels, with the ability to tow two (2)
vehicles, or a vehicle and/or a trailer. Tow vehicles must have two-way communication capabilities and the
ability to communicate and connect with the DTS System at all times. The Tow Operator shall have equipment
capable of towing from off-road areas, towing from underground facilities, and recovery services with an
adjustable boom with at least five tons of lifting capacity. ln addition to the conventional wheel lift towing
capabilities, the Tow Operator shall maintain at least one or more flatbed or rollback trucks with a minimum of
fifty (50) feet of cable, and the required safety equipment. Unless otherwise specified by the City, all Tow
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Operators shall respond to a tow service request with a flatbed or rollback truck as specified above At the
discretion of the tow operator, a wrecker may be used to respond to a tow service request. lf for any reason the
Tow Operator is unable to complete the tow service request with the wrecker, the Tow Operatoi will not be
placed back on the top of the rotation list and a new Tow Operator will receive the tow service request.
A 3-axle or 25-ton truck is not required equipment. However, Tow Operators that possess this equipment will be
placed on a heavy-duty tow rotation list
All trucks must have the required emergency lighting, portable stop and tail lamps, a broom, shovel, fire
extinguisher (rating 4-8, C), a utility light, reflective triangles, a large pry-bar, covered trash cans with approved
absorbent, rags, unlocking equipment, dollies (boom trucks), chains, and/or tie downs.
Wheel lift trucks will maintain at least 100 feet of cable and all safety equipment as required by the
manufacturer.
Tow vehicles must have a cable winch of sufficient size and capacity to retrieve vehicles that have gone off
traveled portions of roadways into inundated areas or other inaccessible locations. Winches must havé visible
lD tags designating the model, make, serial number, and rated capacity.
All tow trucks used in City tows will be subject to a yearly inspection. This does not preclude the City from
conducting random inspections throughout the year.
16. Vehicleldentification
Tow vehicles shall display identification signs in compliance with section 27907 of the CVC. The Tow Operator
shall not display any sign or advertising material that indicates that his tow vehicles are an official police service
of the City.
17. Charqes and Fees to be collected from Reqistered Owners
All rates and charges shall be conspicuously posted in the office and in alltow vehicles. These rates shall quote
complete charges and fees with no additional fees to be added at a later date. These rates will be available for
review by City personnel and/or the person for whom tow service is provided. All fees collected shall be itemized
and invoiced in DTS in accordance to section 22651.07 of the CVC. lt will be the Tow Operator's responsibility
to collect his bill for service, and the City will not be responsible in any way for these charges. Storage fees will
be calculated on the calendar day except the first 24-hours which is counted as a single day in accordance with
California Civil Code (CCC) 3068.1 (seeAttachment B). Allfees listed on the DTS Invòicewill be received in the
form of major credit card, debit card, or cash. All fees collected, both City and Tow Operator fees, must be
invoiced through the DTS system prior to release and at the time of payment. No credit card fees will be
charged pursuant to CVC section 22651 1 and CCC section 1748.1 for any portion of the fees The City
reserves the right to change all payment methods during the term of this agreement.
18. Lien Fees
At no time shall the City be charged a lien fee on a towed or impounded vehicle. No lien shall be attached to
any vehicle that has been impounded by the City until after seventy-two (72) hours from the time of storage aslistedintheDTSsystemhavepassedpursuanttosection22Ssl.l2offheCVC. All lientransactionsmultbe
entered into the DTS system by Tow Operator. Vehicles sold at lien sale shall abide by all laws relating to lien
sales. A vehicle held in impound by the City for thirty (30) days, shall not be sold at lien until such time as is
considered reasonable to allow the registered owner time to pay for and pick up the vehicle before it is sold at
lien, but under no circumstances before the thirty-fifth (35'") day after storage.
The Tow Operator shall abide by all applicable statutes and ordinances concerning disposal of unclaimed
vehicles, including but not necessarily limited to CVC sections 22670',22851',22851.1;22851.2-,22g51.3;
22851 .4', 22851.6; 22851 .B: 22851 10,22851 .12 and 228s2.5.
As described in CVC section 22856, liability for despoliation of evidence shall not arise against the Tow
Operator that sells any vehicle at, or disposes of any vehicle after, a lien sale, as long as the Tow Operator can
show written proof that he was notified in writing by the City that the vehicle would not be needed as evidence in
a legal action. This proof may exist in the form of an official release in the DTS System or any other written
conveyance signed by a member of the City prior to the offrciaf , written release of the vehicfe.
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19. Reasonableness and Validitv of Fees
Fees charged to the registered owner or any other person for response to calls originating from the City shall be
reasonable and not in excess of those rates charged for similar services provided in response to requests
initiated by any other public agency or private person. During the term of this agreement, the City shall conduct
an annual review each December of towing and storage fees of comparable cities and adjust rates set forth in
Attachment B by the first week of January of the following year.
20. Towinq Operation
All tows performed under this Agreement will be included in the flat rate charge as described in Attachment B
No additional charges shall be charged without prior approval from the City and written notice is provided in the
DTS System. Any unapproved charges received outside the DTS System will result in immediate termination of
this Agreement and removalfrom the rotation list.
The Tow Operator shall base towing charges upon the class of vehicle being towed regardless of the class of
the truck used, except when vehicle recovery operations require a larger class truck. The Tow Operator may
refer to the tow truck classes and weight ratings as defined by the Towing & Recovery Association of America
(TRAA) vehicle identification guide
21. Service Call Rotation and Fees
The City shall establish a separate rotation list for Tow Operators willing to respond to service requests (out of
gas, lockouts, tire changes, etc.) Rates for a service requests shall not exceed one-half the flat rate charge for a
light duty truck response.
22. Gate Fees
No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding State
recognized holidays as listed below:
New Year's Day
Martin Luther Kíng Day
Presidents'Day
Cesar Chavez Day
Memorial Day
lndependence Day
Labor Day
Veterans'Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
An after hours gate fee may be charged at all other times. The gate fee is not to exceed fifty percent (50%) of
the flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal
property recovery that occurs outside normal business hours (excluding lien fees, storage fees, taxes, or other
additional fees.) The Tow Operator is responsible for assuring that proper gate fees are charged in accordance
with this section. Over charging gate fees will be considered a major violation as outlined in Section 30
All towing and storage fees charged by the Tow Operator are the responsibility of the vehicle's owner and are
not the responsibilíty of the City. The exception would be evidentiary impounds made at the direction of City
personnel.
23. Cancelled Tow
The City shall not be liable to pay the Tow Operator or anyone else any charge or other fee for a call that does
not result in a chargeable service being rendered by Tow Operator ("Dry Run"). The cancelled Tow Operator
shall be placed backon the top of the rotation listand willreceivethe nexttow in rotation.
24. Towed in Error
ln the event the City determines that an error has occurred in impounding a vehicle, it shall be immediately
released to the registered owner without charge and the Tow Operator will be placed back on the top of the
rotation list and will receive the next tow in rotation. ln ¿ddition, the Tow Operator will be given one extra tows
on the rotation list. Additional extra tows may be given at the discretion of the Tow Unit.
25. Release Fees
California law authorizes the recovery of funds required to enforce ceftain provisions of the CVC and promote
traffic safety on public roadways. This authorization falls under CVC section 22850.5 and further authorized by
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City resolutions. These resolutions are open to public view at the City and/or City offices and are on file with the
City's Traffic Bureau The Tow Operator will collect fees on the behalf of the City from the registered owner,
legal owner or agent of an impounded car.
A City administrative / franchise fee will be charged for the release of a vehicle that has been impounded by the
City. Fees will be established by an independent consulting firm to determine the City's costs associated with
impounding vehicles in accordance with CVC sections 22850.5 and 12110(b). All vehicles impounded will be
charged an administrative / franchise fee for the release of the vehicle. This fee will be established and attached
to each vehicle in the DTS System. The City's administrative fees will be collected at the time of the release by
the Tow Operator. The Tow Operator will pay the City's franchise fees equivalent to the City's administrative
fees for every vehicle that is not picked up by the owner or agent. The Tow Operator will pay the City's
administrative / franchjse fees for every,City vehicle that was towed during the preceding month and will pay the
City no later than 12100 p.m. on the 15"'of the following month, regardless of the disposition of the vehicle. ln
the event that the 15"' of the month falls on one of the State recognized holidays listed in Section 22 above, or a
weekend, the City's administrative/franchise fee must be paid by 12:00 p.m. on the following business dav. Tow
Operators who fail to submit the City's administrative / franchise fees to the City by the lSh day of each month
will be immediately suspended from rotation until all fees are received, and will be subject to appropriate
disciplinary action and civil recourse. The City will keep a strict accounting of these fees through the DTS
System and frequent audits will take place to ensure accurate and timely payment of collected City
administrative / franchise fees The fee will be listed as an item on the owner's / agent's DTS contractor invoice.
26. UnauthorizedRelease
Unauthorized release of an impounded vehicle, accidental or otheruvise, having evidentiary value, not officially
released by the City, and determined to be the fault of the Tow Operator, will result in the issuance of a major
violation as set forth in this Agreement. The determinatir n of such fault will be the responsibility of the City.
27. Release of Multi-Dav lmpounds
A vehicle impounded with a multiple day hold may only be released prior to the impound period with written
authorization by the City in the DTS System. The DTS System will automatically schedute the release of an
impounded vehicle.
28. Release of Vehicles
Vehicles may only be released through the DTS System. Once the DTS System authorizes the release of a
stored or impounded vehicle, it is the Tow Operator's responsibility for the vehicle's release. The Tow Operatoris hereby granted authority to release to the registered owner, legal owner, or authorized representative,
pursuant to section 22850.3 of the CVC At the time of release, the Tow Operator shall have the registered
owner, legal owner, or authorized representative taking possession of the vehicle sign a release indicatìng that
they are properly licensed and insured to drive a motor vehicle
29. DisciplinarvAction
The Chief of Police, or his/her designee, shall take disciplinary action against Tow Operators for violations
investigated and sustained Unless otherwise noted, the Chief of Police, or his/her designee, will determine the
period of suspension and shall retain discretion regarding the length of any suspension imposed pursuant to the
terms and conditions of this Agreement. The City shall retain record of violations for at least the term of this
Agreement
30. Maior violations
Major violations include any chargeable offense under Federal, State, Local Law and significant violations of this
Agreement. Such violations shall result in suspension or immediate termination of this Agreement. The Chief of
Police, or his/her designee, reserves the right to impose longer periods of suspensions or immediate
termination, if deemed appropriate in his/her sole discretion. The Chief of Police, or his/her designee, reserves
the right to remove a Tow Operator from the tow rotation during the investigation of a major violation A
reinstatement from suspension for a major violation will result in a five hundred dollar ($S00.00) fee. Suspension
will not be lifted until the reinstatement fee is received by the Chief of Police or his/her designee. ln addition, a
major violation may also result in the Tow Operator's employee being removed from participation in this
Agreement. Examples of major violations include, but are not limited to:
. Physical assault, against public and/or law enforcement. Verbal abuse against public and/or law enforcement. Resisting arrest
Tow Truck Driver under the influence of alcohol or illegal drugs
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. Charging rates that exceed those listed in Attachment B
. Vehicle released without authorization
. Unauthorized access to storage yard
. Theft
. Mishandling of vehicles stored as evidence
. Unauthorized driver responding to call
. Failure to provide information or change of status on any Tow Operator employee or staff. Substantiated private party impound complaints
. Any Felony/Misdemeanor arrest
. Refusalto take a rotational tow
. Failure to utilize the DTS System for all City towing related matters
. Repeated late or nonpayment of City franchise fees
. Failure to properly secure storage yard
. Failure to obey a lawful order by law enforcement
31. Minor violations
Minor violations will be given to the Tow Operator in the form of a documented warning for the first violation The
second violation will be in the form of a documented reprimanded and a one hundred dollar ($100.00) fine.
Repeated minor violations during the term of the Agreement may be treated as a major violation, and the Tow
Operator will be suspended or terminated from this Agreement A reinstatement from suspension will result in a
five hundred dollar ($500 00) fee. Suspension will not be lifted until the reinstatement fee is received by the
Chief of Police or his/her designee. Examples of minor violations include, but are not limited to:
. Late payment of City franchise fees
. Tow truck drivers not wearing City issued l.D. cards/ proper uniform
. Unauthorized arrival time in excess of thirty (30) minutes, or forty-five (45) minutes during peak hours. Repeated rejection of dispatched calls
. Other violations of this Agreement not considered a major violation by the Chief of Police or his/her
designee¡ Unauthorizedride-a-longo Failure to respond to customers' needs
o Failure to maintain proper equipment
. Failure to clean up at a collision scene
. Vehicle code infractions
32. Hearinq/Appeal
Tow Operator must have a legal existing interest in the tow operation or entitlement subject to the City order,
citation, decision or determination to have standing to appeal a decision by the Chief of Police or his/her
designee. An appeal that fails to identify the appellant's standing may be rejected as defective
ln the event FPD serves Tow Operator with disciplinary action amounting to anything less than a suspension
resulting from a minor violation, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow Unit
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension for thirty (30) days or
less resulting from a minor or major violation, the Tow Operator may request a hearing within fifteen (15)
calendar days by submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow
Unit. Upon receipt of a written request for an appeal, and at the discretion of the Chief of Police, or his/her
designee, the Tow Operator may be allowed to continue rotational tows until the final disposition of the appellate
hearing.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension in excess of thirty (30)
days, or termination of the TSA, the Tow Operator may request a hearing within fifteen ('15) calendar days by
submitting an appeal in writing to the Administrative Hearing Officer by way of the City Manager's Office. The
written appeal shall be in compliance with FMC sections 1-407 and 9-1712. Notwithstanding any provision
within Chapter 1, Article 4 of the FMC, any person who appeals a suspension in excess of thirty (30) days, or a
termination of the TSA shall not be entitled to placement on the Tow Rotation List or to participate in tows until
such time as any appeal hearing has been concluded and the Administrative Hearing Officer finds that no
grounds for a suspension in excess of thirty (30) days, or a termination of the TSA has been established. Tow
Operator's remedy shall be limited to reinstatement on the tow rotation list in such case and no other
compensation or consideration will be allowed.
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ATTACHMENT B
TOW FEES
Flat price per vehicle per call.
Light Duty Tow/Flatbed $ 184.00/Each
Medium Duty Tow $ Average CHP Rates Apply
Heavy Duty Tow $ Average CHP Rates Apply
Water Recovery: $ Average CHP Rates Apply
Technoloqy Fee:
DTS Software Fee per Vehicle Towed $ Charge listed in DTS Contract and DTS System
Storaqe Rates:
Passenger cars $ 45.00/per day
Motorcycles $ 45.00/per day
Trucks or Trailers $ Average CHP Rates Apply
lnside Storaqe Rates:
Passenger cars $ 55.00/per dayMotorcycles $ 55.00/per day
Trucks or Trailers $ Average CHP Rates Apply
Gate Fee: No gate fees may be charged between 8:00 a.m. through 5:00 p m. Monday through Friday, excluding
State recognized holidays as listed in the Agreement.
An after hours gate fee may be charged at all other times. The gate fee shall not exceed fifty percent (50%) of the
flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal property
recovery that occur outside normal business hours (excluding lien fees, storage fees, taxes, or other additional
fees).
Non-tow service calls (out of gas, lockouts, and flat tires) shall not exceed one-half the flat rate charge for a light
duty truck response.
City of Fresno Administrative / Franchise Fees:
Vehicle Collision Blocking a Roadway $ 60.00
lllegally Parked / Abandoned Vehicle $116.00
Unlicensed Driver/ Expired Registration $189 00
Arrested / Suspended Driver $266 00
DUI Driver $450.00
All fees listed on the DTS invoice will be received in the form of major credit card, debit card or cash. No
credit card fee will be charged pursuant to CVC section 22651.1 and CCC section 1748.1.
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CITY OF FRESNO
NON.EXCLUSIVE FRANCHISE TOW AGREEMENT
FOR FRESNO POLICE DEPARTMENT
This Non-exclusive Franchise Tow Agreement (TSA) is entered into effect on the 28th day of Decembe r 2014 set
forth below, at Fresno, California, between the City of Fresno, a municipal corporation (City) and C&K Towing, a
sole proprietorship (the Tow Operator).
This Agreement, including all attachments, contains rules and regulations that a tow company agrees to comply
with in order to participate in the tow operations of the City of Fresno Police Department (FPD). Participation in
the FPD Rotation Tow Program (Tow Program) is voluntary. Compliance with all of the terms and conditions of
the Agreement is mandatory for tow companies participating in the Tow Program. A Tow Operator, by agreeing
to participate in the Tow Program, is not acting as an agent for FPD or City when performing services unãer thii
Agreement.
1. Governing Law and Venue
This Agreement shall be governed by, and construed enforced in accordance with, the laws of the State of
California excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue
for purposes of the filing of any action regarding the enforcement or interpretation of this Ágreement and any
rights and duties hereunder shall be the County of Fresno, California.
2. Entire Aqreement
This Agreement, its attachments and exhibits, when accepted by the Tow Operator either in writing or
commencement of performance hereunder, contains the entire Agreement between the parties with respect to
the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forthherein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by
City in writing.
3. Amendments
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the
parties; no oral understanding or agreement not incorporated herein shall be binding on either of tne parties;
and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in
writing.
4. Assiqnment or Sub Gontractinq
The terms, covenants, and conditions contained herein shall apply to the parties. Furthermore, neither the
performance of this Agreement nor any portion thereof may be assigned or subcontracted by Tow Operator
without the express written consent of City. Any attempt by Tow Operator to assign or subcontract theperformance or any portion of this Agreement without the express written consent of City shall be invalid and
shall constitute a breach of this Agreement.
5. PatenUCopvriqht Materials/Proprietarv lnfrinqement
Unless othen¡vise expressly provided in this Agreement, Tow Operator shall be solely responsible for obtaining alicense or other authorization to use any patented or copyrighted materials in the performance of this
Agreement. Tow Operator warrants that any Software as modified through services provided hereunder will not
infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Tow Operator
agrees that, in accordance with the more specific requirement below, it shall indemnify, defend and hold Cityand City lndemnitees harmless from any and all such claims and be responsible for payment of all costs,
damages, penalties and expenses related to or arising from such claim(s), including, but not limited to,
attorney's fees, costs and expenses.
6. Non-Discrimination
ln the performance of this Agreement, Tow Operator agrees that it will comply with the requirements of section
1735 of the California Labor Code and not engage nor permit any Tow Operators to engage in discrimination in
employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, marital status, or sex of such persons. Tow Operator acknowledges that a
violation of this provision shall subject Tow Operator to all the penalties imposed for a violatioñ of anti-
discrimination law or regulation, including but not limited to, section 1720 etseq. of the California Labor Code.
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7. Termination
ln addition to any other remedies or rights it may have by law, City has the right to terminate this Agreement
without penalty immediately with cause and either party may terminate after thirty (30) days written notice
without cause, unless otherwise specified. Cause shall be defined as any breach of this Agreement or any
misrepresentation or fraud on the part of the Tow Operator. Exercise by City of its right to terminate the
Agreement shall relieve City of all further obligation.
8. Consent to Breach Not Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or
consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any
party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver
of, or excuse for any other different or subsequent breach.
9. Remedies Not Exclusive
The remedies for breach set forth in this Agreement are cumulative as to one another and as to any other
provided by law, rather than exclusive; and the expression of certain remedies in this Agreement does not
preclude resort by either party to any other remedies provided by law.
10. lndependent Tow Operator
Tow Operator shall be considered an independent Tow Operator and neither Tow Operator, its employees nor
anyone working under Tow Operator shall be considered an agent or an employee of City. Neither Tow
Operator, its employees nor anyone working under Tow Operator, shall qualify for workers' compensation or
other fringe benefits of any kind through City.
11. Performance
Tow Operator shall perform all work under this Agreement, taking necessary steps and precautions to perform
the work to City's satisfaction. Tow Operator shall be responsible for the professional quality, technical
assurance, timely completion, and coordination of all documentation and other goods/services furnished by Tow
Operator under this Agreement. Tow Operator shall: perform all work diligently, carefully, and in a good and
workman-like manner; furnish all labor, supervision, machinery, equipment, materials, and supplies necessary
therefore; at its sole expense obtain and maintain all permits and licenses required by public authorities,
including those of City required in its governmental capacity, in connection with performance of the work; and, if
permitted to subcontract, be fully responsible for allwork performed by sub-Tow Operators.
12. lndemnification
A) Tow Operator shall indemnify, hold harmless and defend City and each of its officers, officials,
employees, agents and authorized volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to
personal injury, death at any time and property damage) incurred by City, Tow Operator, or any
other person, and from any and all claims, demands and actions in law or equity (including
attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of
performance of this Agreement. Tow Operator's obligations under the preceding sentence shall
apply regardless of whether City or any of its officers, officials, employees, agents or authorized
volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or
damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any
of its officers, officials, employees, agents or authorized volunteers.
B) lf Tow Operator should subcontract all or any portion of the work to be performed under thrs
Agreement, Tow Operator shall require each subcontractor to indemnify, hold harmless and defend
City and each of its officers, officials, employees, agents and authorized volunteers in accordance
with the terms of the preceding paragraph.
C) This section shall survive termination or expiration of this Agreement.
13. lnsurance
A) Throughout the life of this Agreement, Tow Operator shall pay for and maintain in full force and
effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted
by the California lnsurance Commissioner to do business in the State of California and rated not
less than 'A-Vll' in Best's lnsurance Rating Guide, or (ii) authorized by City's Risk Manager. The
following policies of insurance are required:
2
5)
B)
1) COMMERCIAL GENERAL LIABILITY insurance which shall be on the most current version of
lnsurance Services Office (lSO) Commercial General Liability Coverage Form CG 00 0'1 and
include insurance for "bodily injury," "property damage" and "personal and advertising injury"
with coverage for premises and operations, products and completed operations, and
contractual liability (including, without limitation, indemnity obligations under the Agreement)
with limits of liability of not less than $1,000,000 per occurrence for bodily injury and property
damage, $1,000,000 per occurrence for personal and advertising injury and $2,000,000
aggregate for products and completed operations and $2,000,000 general aggregate.
2) GARAGEKEEPERS LEGAL LIABILITY insurance which shall include coverage for vehicles in
the care, custody, and control of the Tow Operator with limits of liability of not less than
$120,000 per occurrence for property damage.
3) COMMERCIAL AUTOMOBILE LlABlLlry insurance which shall be on the most current
version of lnsurance Service Office (lSO) Business Auto Coverage Form CA 00 01, and
include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles
(Code '1- Any Auto) with limits of not less than $1,000,000 per accident for bodily injury and
property damage.
4) ON-HOOIICARGO insurance which shall include coverage for vehicles in tow with limits of
liability based on the size of the tow truck, which are as follows:
a) Class A/B tow truck.. $120,000b) Class C tow truck... ...$200,000
c) Class D tow truck... ... $300,000
WORKERS' COMPENSATION insurance as required under the California Labor Code and
EMPLOYERS' LIABILITY insurance with minimum limits of $1,000,000 each accident, $1,000,000
disease policy limit and $1,000,000 disease each employee.
Tow Operator shall be responsible for payment of any deductibles contained in any insurance
policies required hereunder and Tow Operator shall also be responsible for payment of any self-
insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate
of lnsurance and approved by the City's Risk Manager or his/her designee. At the option of the
City's Risk Manager, or his/her designee, either:
1) The insurer shall reduce or eliminate such deductibles or self-insured retention as
respects City, its officers, officials, employees, agents and volunteers; or
2) Tow Operation shall provide a financial guarantee, satisfactory to City's Risk Manager, or
his/her designee, guaranteeing payment of losses and related investigations, claim
administration and defense expenses. At no time shall City be responsible for the payment of
any deductibles or self-insured retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30)
calendar days written notice in favor of City of policy cancellation, change or reduction of coverage,
except for the Workers'Compensation policy which shall provide ten (10) calendar days written
notice of such cancellation, change or reduction of coverage. ln the event any policies are due to
expire during the term of this Agreement, Tow Operator shall provide a new certificate and all
applicable endorsements evidencing renewal of such policy prior to the expiration date of the
expiring policy(ies) to the Chief of Police, or his/her designee, and the City's Risk Division. Upon
issuance by the insurer, broker, or agent of a notice of cancellation, change or reduction in
coverage, Tow Operator shall file with the Chief of Police, or his/her designee, and the City's Risk
Division, a new certificate and all applicable endorsements for such policy(ies).
The General Liability, Automobile Liability and Garagekeepers Legal Liability insurance policies
shall be written on an occurrence form and shall name City, its officers, officials, agents, employees
and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Tow
Operator's insurance shall be primary with respect to the City, its officers, officials, employees,
agents and authorized volunteers with no contribution required of City. Any Workers' Compensation
insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents,
c)
D)
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employees and authorized volunteers. Tow Operator shall have furnished City with the certificate(s)
and applicable endorsements for ALL required insurance prior to City's execution of the Agreement.
E) The fact that insurance is obtained by Tow Operator shall not be deemed to release or diminish the
liability of Tow Operator, including, without limitation, liability under the indemnity provisions of this
Agreement. City shall apply to all claims and liability regardless of whether any insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by Tow Operator. Approval or purchase of any insurance contracts or policies shall in no
way relieve from liability nor limit the liability of Tow Operator, its principals, officers, agents,
employees, persons under the supervision of Tow Operator, vendors, suppliers, invitees,
consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of
them.
F) Upon request of City, Tow Operator shall immediately furnish City with a complete copy of any
insurance policy required under this Agreement, including all endorsements, with said copy certified
by the underwriter to be a true and correct copy of the original policy This requirement shall survive
expiration or termination of this Agreement.
G) lf at any time during the life of the Agreement or any extension, Tow Operator fails to maintain the
required insurance in full force and effect, all work under thrs Agreement shall be discontinued
immediately until notice is received by City that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory to City.
Any failure to maintain the required insurance shall be sufficient cause for City to terminate this
Agreement.
H) lf Tow Operator should subcontract all or any portion of the work to be performed, Tow Operator
shall require each subcontractor to provide insurance protection in favor of the City, its offìcer,
officials, employees, agents and authorized volunteers in accordance with the terms of each of the
preceding paragraphs, except that the subcontractors certificates and endorsements shall be on fÌle
with the Tow Operator and City prior to the commencement of any work by the subcontractor.
14. Bills and Liens
Tow Operator shall pay promptly all indebtedness for labor, materials, and equipment used in performance of
the work. Tow Operator shall not permit any lien or charge to attach to the work or the premises, but if any does
so attach, Tow Operator shall promptly procure its release and indemnify, defend, and hold City harmless and
be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related
thereto.
15. Chanqe of Control
Tow Operator agrees that if there is a change or transfer in ownership or control of the Tow Operator's business
prior to completion of this Agreement, unless such change or transfer is to "immediate family" as defined in
Fresno Municipal Code (FMC) section 3-101(e) and approved in writing by the Chief of Police, or his/her
designee, such change or transfer shall terminate this Agreement. This includes but is not limited to changes in:
Corporate Board Members, Managers, Directors, Treasurer, Trustees, or ownership interests. All changes or
transfers to "immediate family" must be approved by the Chief of Police, or his/her designee, prior to such
change or transfer in order for the Tow Operator to remain on the tow services list Final written approval or
disapproval for the change or transfer in ownership or control will be given by the Chief of Police or his/her
designee. All "immediate family" members involved in the potential transfer and operation of the Tow Operator
shall be required to undergo a background check, review, and "Livescan" fìngerprint screening. The "immediate
family" members involved in the change or transfer of ownership or control must also possess and keep current
all licensing certificates and insurance as required in this Agreement. The "immediate family" members who will
operate or otherwise be legally responsible for the Tow Operator will be required to execute a new TSA.
A) Tow Operator owners shall be directly involved in the day-to-day operations of their
business and shall not be directly involved in the towing-related business of any other tow
company on, or applicant for, the Tow Rotation List. Co-mingling of operations, business,
offices, board members, and finances is strictly prohibited.
B) lf terminated or suspended, Tow Operator and/or its owner at the time of the suspension or
termination, shall not be eligible for a rotation listing for the duration of the suspension or
termination. This section applies to the Tow Operator working in any capacity within any tow
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business or operating any tow business and to the tow business even if operated under new
ownership.
C) Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow
Rotation List, excluding equipment which may be unavailable due to repairs or when there is a need
for equipment replacement and written approval is obtained from the Chief of Police or his/her
designee.
16. Force Maieure
Tow Operator shall not be in breach of this Agreement caused by any act of God, war, civil disorder,
employment strike or other cause beyond its reasonable control, provided Tow Operator gives written notice of
the cause of the delay to City within thirty-six (36) hours of the start of the delay and Tow Operator avails itself of
any available remedies.
17. Confidentialitv
Tow Operator agrees to maintain the confidentiality of all City and City-related records and information pursuant
to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term
of this Agreement. All such records and information shall be considered confidential and kept confidential by
Tow Operator and Tow Operator's staff, agents and employees.
18. Compliance with Laws
Tow Operator represents and warrants that services to be provided under this Agreement shall fully comply, at
Tow Operator's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and
regulations, including, but not limited to those issued by City in its governmental capacity and all other laws
applicable to the services at the time services are provided to and accepted by City. Tow Operator
acknowledges that City is relying on Tow Operator to ensure such compliance (collectively Laws). Tow Operator
agrees that it shall defend, indemnify and hold City and City lndemnitees harmless from all liability, damages,
costs, and expenses arising from or related to a violation of Laws.
19. Pricinq
The Agreement price shall include full compensation for providing all required services in accordance with the
Scope of Work attached to this Agreement, and no additional compensation will be allowed therefore, unless
otherwise provided for in this Agreement. Tow Operator shall pay the City Franchise Fees as listed in
Attachment "B", or "City Administrative / Franchise Fees", in accordance with Parag raph 25 of Attachment "A".
20. Terms and Conditions
Tow Operator acknowledges that the undersigned has read and agrees to all terms and conditions included in
this Agreement.
2'1. Severabilitv
lf any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired or invalidated thereby.
22. Galendar Davs
Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless
otherwise expressly provided.
23. Attornev Fees
lf either party is required to commence any proceeding or legal action to enforce any term, covenant or conditlon
of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other
party its reasonable Attorney's fees and legal expenses.
24. lnterpretation
ïhis Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in
the matters dealt with in this Agreement. ln addition, each party has been represented by experienced and
knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel
despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have
not been influenced to any extent whatsoever in executing this Agreement by any other party hereto or by any
person representing them, or both. Accordingly, any rule or law (including California Civil Code section 1654) or
legal decision that would require interpretation of any ambiguities in this Agreement against the party that has
5
drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable
manner to affect the purpose of the parties and this Agreement.
25. Authoritv
The parties to this Agreement represent and warrant that this Agreement has been duly authorized and
executed and constitute the legally binding obligation of their respective organization or entity, enforceable in
accordance with its terms.
26. Emplovee EliqibilitvVerification
Tow Operator warrants that it fully complies with all Federal and State statutes and regulations regarding the
employment of aliens and others and that all its employees performing work under this Agreement meet the
citizenship or alien status requirement set forth in Federal statutes and regulations. Tow Operator shall obtain,
from all employees performing work hereunder, all verification and other documentation of employment eligibility
status required by Federal or State statutes and regulations including, but not limited to, the lmmigration Reform
and ControlAct of 1986, I U.S.C. 51324 et seq., as they currently exist and as they may be hereafter amended.
Tow Operator shall retain all such documentation for all covered employees for the period prescribed by the law.
Tow Operator shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its
agents, officers, and employees from employer sanctions and any other liability which may be assessed against
Tow Operator or City or both in connection with any alleged violation of any Federal or State statutes or
regulations pertaining to the eligibility for employment of any persons performing work under this Agreement.
27. Additional Terms and Conditions
A) Term of Agreement: This Agreement shall commence on December 28, 2014, and shall be
effective for three (3) years from that date, unless othen¡vise terminated by City.
B) Fiscal Appropriations: This Agreement is subject to and contingent upon applicable budgetary
appropriations being made by the City for each year during the term of this Agreement lf such
appropriations are not forthcoming, the Agreement will be terminated without penalty Tow
Operator acknowledges that funding or portions of funding for this Agreement may also be
contingent upon the receipt of funds from, and/or appropriation of funds by City lf such funding
and/or appropriations are not forthcoming, or are othenruise limited, City may immediately terminate
or modify this Agreement without penalty
C) Conflict of Interest (Tow Operator): Tow Operator shall exercise reasonable care and diligence to
prevent any actions or conditions that result in a conflict with the best interest of City. This
obligation shall apply to Tow Operator, Tow Operator's employees, agents, relatives, and third
parties associated with accomplishing the work hereunder. Tow Operator's efforts shall include, but
not be limited to, establishing precautions to prevent its employees or agents from making,
receiving, providing, or offering gifts, entertainment, payments, loans, or other considerations which
could be deemed to appear to influence individuals to act contrary to the best interest of City.
D) Tow Operator Work Hours and Safety Standards: Tow Operator shall ensure compliance with all
safety and hourly requirements for employees, in accordance with federal, state, and City safety
and health regulations and laws.
E) Orderly Termination: Upon termination or other expiration of this Agreement, each party shall
promptly return to the other party all papers, materials, and other properties of the other held by
each for purposes of execution of the Agreement. ln addition, each party will assist the other Party
in orderly termination of this Agreement and the transfer of all aspects, tangible and intangible, as
may be necessary for the orderly, non-disruptive business continuation of each party.
F) Reprocurement Costs: ln the case of default by Tow Operator, City may procure the service from
other sources and, if the cost is higher, Tow Operator will be held responsible to pay City the
difference between the Agreement cost and the price paid. City may make reasonable efforts to
obtain the prevailing market price at the time such services are rendered. This is in addition to any
other remedies available under law.
G) Authorization Warranty: Tow Operator represents and warrants that the person executing this
Agreement on behalf of and for Tow Operator is an authorized agent who has actual authority to
bind Tow Operator to each and every term, condition, and obligation of this Agreement and that all
requirements of Tow Operator have been fulfilled to provide such actual authority.
b
H) Notices: Any and all notices permitted or required to be given hereunder shall be deemed duly
given (1) upon actualdelivery, if delivery is by hand; or (2) upon delivery by the United States mail if
delivery is by postage paid registered or certified return receipt requested mail; or (3) through
electronic means such as, email or the Dispatch & Tracking Solutions Software System (DTS)
l) Data - Title to: All materials, documents, data or information obtained from City data files or any
City medium furnished to Tow Operator in the performance of this Agreement will at all times remain
the property of City. Such data or information may not be used or copied for direct or indirect use
by Tow Operator after completion or termination of this Agreement without the express written
consent of City. All materials, documents, data or information, including copies, must be returned to
City at the end of this Agreement.
J) Usage: No guarantee is given by City to Tow Operator regarding usage of this Agreement. Usage
figures, if provided, are approximate, based upon the last usage. Tow Operator agrees to supply
services and/or commodities requested, as needed by City, at prices listed in the Agreement,
regardless of quantity requested.
K) Tow Operator's Records: Tow Operator shall keep true and accurate accounts, records, books
and data which shall correctly reflect the business transacted by Tow Operator in accordance with
generally accepted accounting principles. These records shall be stored at the Tow Operators
principal place of business for a period of three (3) years after final payment is received by City
L) Audits/lnspections: Tow Operator agrees to permit City's authorized representative (including
auditors from a private auditing firm hired by City) access during normal working hours to all books,
accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose
of auditing or inspecting any aspect of performance under this Agreement. The inspection and/or
audit will be confined to those matters connected with the performance of the Agreement including,
but not limited to, the costs of administering the Agreement. City reserves the right to audit and
verify Tow Operator's records before or after final payment is made.
Tow Operator agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of records retention is stipulated under this Agreement or
by law. Tow Operator agrees to allow interviews of any employees or others who might reasonably
have information related to such records. Further, Tow Operator agrees to include a similar right to
City to audit records and interview staff of any sub-Tow Operator related to performance of this
Agreement.
M) Should Tow Operator cease to exist as a legal entity, Tow Operator's records pertaining to this
Agreement shall be forwarded to the Chief of Police or his/her designee.
28. Disputes'Aqreement
A) The Parties shall deal in good faith and attempt to resolve potential disputes informally
1) Tow Operator shall submit to the Chief of Police, or his/her designee, a written demand for a
flnal decision regarding the disposition of any dispute between the parties arising under,
related to, or involving this Agreement, unless City, on its own initiative, has already rendered
such a final decision.2) Tow Operator's written demand shall be fully supported by factual information, and, if such
demand involves a cost adjustment to the Agreement, Tow Operator shall include with the
demand a written statement signed by a senior official indicating that the demand is made in
good faith, that the supporting data are accurate and complete, and that the amount
requested accurately reflects the Agreement adjustment for which Tow Operator believes City
is liable.
B) Pending the final resolution of any dispute arising under, related to, or involving this Agreement,
Tow Operator agrees to diligently proceed with the performance of this Agreement. Tow Operator's
failure to diligently proceed shall be considered a material breach of this Agreement.
C) Any final decision of City shall be expressly identified as such, shall be in writing, and shall be
signed by the City Hearing Administrative Officer, or Chief of Police, or his/her designee, as
applicable. lf City fails to render a decision within ninety (90) days after receipt of Tow Operator's
-7 -
demand, it shall be deemed a final decision adverse to Tow Operator's contentions. City's final
decision shall be conclusive and binding regarding the dispute unless Tow Operator commences
action in a court of competent jurisdiction.
29. Breach of Aqreement
The failure of the Tow Operator to comply with any of the provisions, covenants or conditions of this Agreement
shall be a material breach of this Agreement. ln such event the City may, and in addition to any other remedies
available at law, in equity, or otherwise specified in this Agreement, undertake any of the individual actions or
any combination of the following actions:
1) Afford the Tow Operator written notice of the breach and ten calendar days or such
shoder time that may be spec¡fíed in this Agreement within which to cure the
breach;
2) Suspend and/or remove Tow Operator from the rotation;
3) Terminate the Agreement immediately, without any penalty.
Title: 42ê/ t1'<--
By
ATTEST:
YVONNE SPENCE, CMC
City Clerk
Date:
By:: Date:
The Parties hereto have executed this Agreement.
TOW OPERATOR*:
Bv:
Print Name:
*lf a corporation or limited liability company, the document must be signed by two corporate officers. The first signature
must be either the Chairman of the Board, President, or any Vice President. The second signature must be the
secretary, an assistant secretary, the Chief Financial Officer, or any assistant treasurers. ln the alternative, a single
signature is acceptable when accompanied by a corporate document demonstrating the legal authority of the
signature to bind the company.
APPROVED AS TO FORM
DOUGLAS T. SLOAN
City
]./t. ctl
8
tzlzzlt*
ATTACHMENT A
SCOPE OF WORK
1. Scope of Work
Tow Operator shall perform the towing, and storage of vehicles as directed by the City, and in addition, such
other services as provided in this Scope of Work, and shall provide necessary storage facility, tow vehicles,
labor, materials, equipment, machinery, and tools. The Tow Operator shall comply with all State laws and
regulations, applicable to tow units and impound, towing, storage, selling or junking of vehicles. Tow operators
must follow all guidelines set forth by equipment manufactures recommendations as to their use and care of all
towing related equipment. All permits and licensing fees as specified under California Vehicle Code (CVC)
sections 34620 through 34624 shall be in fullforce and effect at alltimes during this Agreement. Any violation of
this section will be considered a material breach of the Agreement and may result in immediate termination of
this Agreement.
2. Towinq Services and Duties
It shall be the duty of the Tow Operator, when so directed by the City, to provide prompt tow service for vehicles
which are taken into custody by the City. This includes vehicles involved in collisions or disabled by any other
cause, abandoned in public places or on private property. Vehicles impounded for evidence, impeding the flow
of traffic, or which for any other reason, are within the jurisdiction of the FPD. As required by law, Tow
Operators are to remove from the street all debris resulting from said collisions and to clean the immediate area
of such street (CVC section 27700(a)(1)). lt shall also be the duty to provide for the safety and security of those
vehicles and the contents thereof. These duties are inherent to the job and are to be included in the price of the
basic tow bill.
The tow truck operator shall provide a business card to the registered owner or driver for the vehicle being
towed. The business card shall contain the name, address and phone number of the tow company as well as
the link to the vehicle search system in DTS as follows: www.findmytow.com
Tow truck operators and/or drivers will not be permitted to drive an impounded or recovered stolen vehicle or
vehicle intended for storage from a FPD rotation call or special operation. Any exceptions must be at the
direction of the FPD officer in charge of the scene and should be limited to repositioning the vehicle to allow for
towing.
The City has designated two (2) tow companies for evidence impound tows and no other rotation tow company
shall maintain custody over these vehicles at any time. lf an officer impounds a vehicle for evidence and a non-
preference rotational tow is dispatched, it is the responsibility of the tow driver to verify with the officer on scene
as to whether a vehicle is to be held for evidence. lf it is determined that the vehicle is to be held for evidence,
the tow driver must immediately notify the officer on scene that the company is not authorized to handle
evidence impounds and an evidence tow company shall be dispatched. Tow Operator shall then contact the
Tow Unit on the same business day, or within the next business day if such tow occurs after regular business
hours. Acceptance of an evidence tow by a non-designated evidence tow company will result in disciplinary
action and full financial responsibility for all tow and storage fees for each violation.
lf terminated or suspended, Tow Operator and/or owner at the time of the suspension or termination, shall not
be eligible for a rotation listing for the duration of the suspension or termination. This provision applies to the
Tow Operator working in any capacity within any tow business or operating any tow business and to the tow
business even if operated under new ownership.
Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow Rotation List,
excluding equipment which may be unavailable due to repairs or when there is a need for equipment
replacement and written notice has been obtained from FPD.
3. Special Operations
FPD conducts special operations coordinated through the Traffic Bureau throughout the year that requires tow
companies at the location of the special operation. Tow companies on the Tow Rotation List that are in good
standing with FPD may be invited to participate in these operations, provided they are willing to remain with the
special operation until its conclusion and forfeit any rotational tow calls (FPD, California Highway Patrol, or
other) received during the duration of the operation. "Good standing" shall mean that Tow Operator has not
violated, or is not in violation of the terms of this Agreement, the provisions of the FMC, State, or Federal law
All special operations tows will be subject to the provisions of this Agreement. Tow Operator shall respond to a
9
special operation with a flatbed tow truck with the capability of towing (2) vehicles. No ride alongs will be allowed
on any special operations unless the ride along is the Tow Owner or a Tow Driver who is in training and has
been approved by FPD.
4. Siqnaqe and hours of Operation
The storage yard or business office shall have a sign that clearly identifies it to the public as a towing service.
The sign shall have letters that are clearly visible to the public from the street and must be visible at night. All
storage facilities must be accessible to City personnel twenty-four (24) hours per day and seven (7) days per
week. The Tow Operator will provide customer service twenty-four (24) hours per day and seven (7) days per
week for the release of vehicles.
Tow Operator shall provide at least one person at a call station to respond and release vehicles within thirty (30)
minutes. Tow Operator shall maintain all signage required pursuant to CVC sections 22850.3 and 22651.07
and include an after-hours contact phone number for Tow Operator.
5. Response Time
Tow Operator shall respond to calls twentyJour (24) hours a day, seven (7) days a week, within the maximum
response time limits as established by the Chief of Police or his/her designee. A reasonable response time is
thirty (30) minutes or less, except during peak hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m.,
(Monday through Friday), when the required response time will be extended to forty-five (45) minutes or less.
Tow Operator shall respond with a tow truck of the class required to tow the vehicle specified by the DTS
System.
6. Non-Response
The Tow Operator shall update the DTS System at the time of dispatch to a tow rotation request. lf the Tow
Operator is either unable to respond or unable to meet the maximum response time, the tow operator shall
immediately update the DTS System accordingly. lf, after accepting the call, the Tow Operator is unable to
respond or will be delayed in responding, the Tow Operator shall immediately update the DTS system
accordingly.
To decline or refuse to respond will be considered a non-response. Each non-response will be immediately
documented in the DTS System. Each non-response will be logged by the DTS System and reviewed by the
City. lf the fault for the non-response is attributed to other than the Tow Operator, the Tow Operator will be
placed back in the rotational list and called at the next opportunity in line.
One such breach, determined to be the fault of the Tow Operator, will be grounds for written reprimand which
may be subsequent to a meeting between the Tow Operator and the City. A second breach may be grounds for
a (30) thirty-day suspension of this Agreement. A third violation will be considered a material breach of the
Agreement and may result in immediate termination of this Agreement.
ln the case of suspension or termination, all vehicles then in storage at the time of the suspension or termination
remain protected under this Agreement as City's impounds and the Tow Operator is so bound. The City will
have the option to remove and/or transfer stored vehicles.
When a Tow Operator will be temporarily unavailable to provide services due to preplanned/scheduled activity,
such as a vacation, maintenance, medical leave, etc., the Tow Operator will notify City in writing via the DTS
system at least forty-eight (48) hours in advance. City reserves the right to deny these requests to maintain
adequate service levels for tow operations. Failure to notify the City will be considered a non-response and a
material breach of this agreement
7. StoraqeResponsibilities
It shall be the duty of the Tow Operator to provide impound and other storage service for all vehicles as directed
by the City. The Tow Operator shall be responsible for all vehicles, accessories and equipment thereon and all
personal property therein stored by Tow Operator. lt shall be the Tow Operators' duty to protect such stored
vehicles, accessories, equipment, and property against all loss or damage by fire, theft or other causes. The
Tow Operator will have available for review by City personnel, all permits and proof of compliance to all local
zoning, special use, conditional use and special requirements, laws and regulation. lt is the responsibility of the
Tow Operator to ensure vehicles are stored in a secured facility.
8. Size and Location of Storaqe Facilitv
The tow yard shall be located within the City of Fresno's "Metropolitan Area." Metropolitan area is defined as
within the borders of Copper Avenue to the north, American Avenue to the south, DeWolf Avenue to the east,
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and Chateau Fresno to the west. Tow Operator shall be responsible for the security of vehicles and property at
the place of storage At a minimum, a six (6) foot fence or enclosed secured area is required for outside
storage. A minimum of 5,000 square feet, or room for twenty (20) vehicles, shall be provided. All tow yards
located with the City of Fresno shall be in compliance with the FMC, current Directors Class #208 and shall
follow the current Development and Resource Management Department's Policy and Procedure C-002 lf the
tow facility is located outside the City of Fresno, the tow operator is required to provide written proof that the
yard is in compliance with the authorizing jurisdiction. Tow Operator is responsible for the reasonable care,
custody, and control of any property contained in towed or stored vehicles. The storage facility and business
office will be located at the prrmary storage yard and shall be maintained in a functional, clean and orderly
fashion. The facility shall have a telephone, on-site fax machine and the necessary computer equipment to
properly run DTS software and to send and receive email.
ln the event of criminal activity at a storage facility, the City may require the Tow Operator to take measures to
assist in preventing such crimes. These measures could include, but are not limited to: the yard being
illuminated during darkness, with security type lighting, to such a degree that visual observation of the entire
yard may be accomplished at alltimes, improved fencing and/or security patrols.
All vehicles stored or impounded as a result of a tow ordered by the City shall be towed directly to a towing
service storage lot unless the City, or in the case of a citizen's assist, a person legally in charge of the vehicle,
requests that it be taken to some other location.
All vehicles towed as a result of action taken by the City will be stored at the Tow Operator's principal place of
business unless directed otherwise by the City's Tow Coordinator. Vehicles stored at an auxiliary storage facility
will be considered a breach of this Agreement. The Tow Operator shall not remove personal property from a
stored vehicle. lf the registered owner removes personal property from a stored vehicle, the Tow Operator will
maintain documentation of such and will require a signed receipt from the registered owner for property
released. The Tow Operator shall immediately notify the City if any contraband, weapons or hazardous
materials are found in the vehicle(s).
9. Enclosed Facilitv
The Tow Operator may maintain, without charge to the City or any other person, separate and enclosed garage
facilities no less than 1,000 square feet of clean working space. The facility must be constructed to include a
roof and at least four walls of substantial design to withstand the elements and protect the vehicles from the
weather. The facility should have a concrete floor and sufficient lighting. This inside facility must be located at
the Tow Operator's primary storage yard This inside facility is not required to qualify for the City's rotation,
however, when inside storage is requested for a particular vehicle, the next Tow Operator in line meeting the
needs of the City's request will be used.
10. DTS Requirements
Tow Operator shall utilize the most recent, updated and upgraded DTS software program, to dispatch and track,
via a web-based lnternet connection. Tow Operators will be required to enter the towed vehicle information as
instructed by the City. At no time will a vehicle be released, subject to lien, or junked from impound without all
required data fields being entered into the DTS system by the Tow Operator. The Tow Operator shall clearly
identify and enter into DTS the name of the person to whom the vehicle was actually released. All City tow
requests shall be made utilizing this program. Failure at any time to have the DTS program in full operation shall
cause the immediate removal of the Tow Operator from the tow rotation and be grounds for immediate
termination by City. Tow Operator must enter into a separate agreement, or license for the DTS software
program with the owner of that proprietary software. The City shall not provide the DTS software program, any
licensing or sub-licensing thereof or any intermediary services for the procurement by Tow Operator of the DTS
software program. This Agreement shall not be executed by the City until Tow Operator has demonstrated to
the City's satisfaction compliance with the requirements set forth herein. Tow Operator shall be liable for all
fees, charges, prices, rates and service charges required from DTS. DTS shall be utilized in "real time" and all
entries should reflect as such. lnvoices shall be used from DTS when releasing vehicles and be pursuant to
section 22651 07 of the CVC. The only Tow Operator personnel authorized to utilize and access DTS are those
that have fully complied with the provisions set forth in Section 12, "-low Operator Personnel" of this Agreement.
lf the Tow Operator is not in FULL compliance with the above stated requirement, the Tow Operator will be
removed from the City towing rotation ln the event that DTS fails to provide software services, or the City elects
to utilize a new software provider, the Tow Operator will be required to use the replacement towing software
system. lf that occurs, all references to DTS in this Agreement shall instead be interpreted as references to the
new software program.
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11. Official Notification bv Gitv Reqardinq Tow
Official notification by City regarding tow services is considered any form of written, email, verbal instructions or
notifications received from an authorized City employee or electronic notice from the DTS program. lf the Tow
Operator receives verbal instructions or notifications from a City employee the Tow Operator must respond to
City, by 5:00 p.m. (PST) on the next business day.
12. Tow Operator Personnel
A.) Conduct
The Tow Operator shall perform the services required of it in an ethical, orderly manner, endeavoring to
obtain and keep the confidence of the public At no time will the Tow Operator or its agent or any
employee of the Tow Operator exhibit any of the following behavior: rudeness, or othenryise being
uncooperative, argumentative, threatening, incompetent or acting in a dangerous manner with any City
employee, or with any member of the public. The City reserves the right to cancel an individual tow
assignment, if in the opinion of the City, the Tow Operator is acting in a rude, uncooperative,
argumentative, threatening, incompetent or dangerous manner. The City also reserves the right to cancel
an individual tow assignment if in the opinion of the City the Tow Operator is likely to damage the vehicle
for which the tow service was called. Other examples of unacceptable behavior include but are not limitedto: profanity, abusive language, disconnecting telephone calls for public inquiries regarding a tow,
threatening, aggressive, or assertive language, failure to provide timely information or documents in
response to a public or City inquiry, lack of respect to any City personnel or member of the public,
destruction or damaging of evidence, failure to comply with the reasonable request of a member of the
public, failure to release vehicle in a timely manner, failure to make appointment for release of vehicle
during evening or weekend hours, failure to promptly be on site at time of appointment for release of
vehicle during evening or weekend hours, impeding an investigation or any other conduct which the City
deems unprofessional.
lf the Tow Operator is found to be in violation of this conduct clause, the City will cancel the Tow Operator
and request the next Tow Operator in rotation. Any such behavior as set forth above shall be considered
a material breach of this Agreement and may be grounds for immediate suspension or immediate
termination by the City, without penalty.
B.) PersonnelAppearance
Tow Operators shall be required to furnish their employees with a distinctive company uniform. Each
uniform shall have the firm's name, as well as the employee's name, in a conspicuous place The tow
company's name and driver's first name shall be clearly visible at all times, meaning that protective or
inclement weather outer garments must meet this standard. Each employee shall have sufficient uniforms
so as to maintain a neat, clean appearance at all times. Minimum requirements for uniforms include a
shirt, long pants, and appropriate safety shoes. All drivers shall be in uniform before any towing or service
operation begins. No wording, designs, photos, gestures, or anything that could be considered offensive
or obscene to the general public shall be displayed by the Tow Operators or on any part of the uniform
Dress standards are required in order to project a professional and positive image to the public.
All employees must be neat, clean and well groomed in appearance. ln order to ensure a professional
appearance, all tattoos must be concealed by operators while working. Personnel will be required to
conceal any tattoos with gloves, collars, long sleeves, or by other means acceptable to the City. Facial
tattoos of any variety are not permitted. No facial piercings shall be worn while on duty.
Drivers shall wear safety vests or reflectorized clothing that conforms to Occupational Safety and Health
Administration (OSHA) requirements. Alternatively, the OSHA safety requirements may be incorporated
into the uniform, jacket, or rain gear, as long as these items are worn as the outermost garment.
C.) UnlawfulActivitv
The Tow Operator or it's employees shall not be involved, nor shall the Tow Operator or its employees
become involved in any agreement or activity whether verbal, written or conveyed in any other manner,
any activity or business venture which may be construed as unlawful. lf the City deems the involvement
to be unlawful, the City may immediately terminate this Agreement.
The Tow Operator shall not provide any direct or indirect commission, gift or any compensation to any
person or public or private entity, in consideration of arranging or requesting the services of a tow truck as
provided in section 12110 of the CVC.
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No Tow Operator will be involved or solicit any compensation of any kind including but not limited to
involvement with any other company or business that might result in income or consideration as a result of
any activity initiated by the City.
An example of such a prohibited involvement could include but is not limited to. financial reimbursement
by auto-body repair business for referrals, or towing directly from the scene of a collision to the auto-body
shop without prior unsolicited approval or request by the registered owner, driver or insurance company
representative of the damaged vehicle; kickback to or from a security company or homeowner's
association for "finding" or towing a vehicle from a location, whether private property, public, off street
parking facility or a public roadway. Violation of this provision shall be grounds for immediate termination
by City, without penalty.
D.) Personnel Licenses
Tow Operators providing services under this Agreement, including tow truck drivers, dispatchers and other
office personnel, will have sufficient knowledge, experience and capability to ensure safe and proper
discharge of their service responsibilities. lt will be the responsibility of the Tow Operator to ensure that all
of its personnel will be properly licensed in accordance with sections 12500, 12520, and 12804.9 of the
CVC. All tow truck drivers and tow truck operators shall be enrolled in the "Pull Notice" program as defined
in CVC section1808.1 et seq.. Drivers must complete a CHP approved Tow Operator Course every five
(5) years and copies of completion of the course shall be sent to the City. All Tow Operators and
personnel shall have no criminal record which would preclude them from being placed in a position of trust
while in the service of a law enforcement agency or any crime listed below under the heading of "Criminal
Record."
E.) Fingerprints
All owners and employees who have not previously submitted their "LiveScan" fingerprint samples shall
submit their "LiveScan" fingerprint samples, at their own expense, through the City prior to being awarded
this Agreement, for the purposes of verifying their criminal history with the Department of Justice.
Failure to provide information regarding the identity of the owner, employee, or anyone else with a
financial interest in the Tow Operator will result in termination of this Agreement. The Tow Operator will
provide the City with information regarding any change in employee status immediately and update DTS
to reflect such changes. Failure to comply may result in further disciplinary action, and will be considered
a breach of this Agreement.
After execution of this Agreement, no person shall be employed by the Tow Operator or perform any
service under this Agreement until the background record check and "LiveScan" is completed and
approved by the City and said employee has received their identification badge from the City.
Notwithstanding the foregoing, Tow Operators and owners that have towed for the City under the previous
Tow Service Agreement and have completed a new background and "LiveScan" check will be allowed to
continue to tow for the City until such time as the results of the background and "LiveScan" submissions
are reviewed and approved by the City.
Any employee of the Tow Operator that has left employment with said Tow Operator and returned and
been rehired must complete an additional background check before performing services pursuant to this
Agreement
F.) Criminal Record
A conviction of anyone with a financial interest in the Tow Operator, or any employee of the Tow Operator,
including but not limited to any of the following offenses, may be cause for denial of application or
termination of this Agreement:
. Any crimes listed in California Penal Code section 290. DU|-Within 5 years of the Date of Fingerprinting. Vehicle theft. Fraud. Stolen Property. Crimes of Violence. Any felony crime relating to narcotics or any controlled substance. Any other crimes enumerated in CVC section 2432.3
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. Actively on parole or on any form of probation
. Crime of moral turpitude. Sex, Arson, Narcotics Registrant. Other felony conviction
The City is not required to provide any reason, rationale or factual information in the event it elects to deny
application or remove any of Tow Operator's personnel from providing services for the City under this
Agreement Tow driver or employee applicants denied under this section may appeal to the Chief of
Police or his/her designee. All decisions by the Chief of Police, or his/her designee, are final.
ln the event the Tow Operator or employee is convicted or is under investigation, the Tow Operator may
be given the opportunity to replace that employee without prejudice to the Agreement. Nothing shall
prohibit the City from removing, suspending or terminating the Agreement lt will be the responsibility of
the Tow Operator to provide the City with updated information regarding any illegal activity, arrest(s) or
conviction of any Tow Operator and/or employee. For the purpose of this section, any conviction or plea
of guilty or nolo contendre, even to any lesser-included offense, are considered convictions Failure to
provide information regarding the identity of the employee, or anyone else with a financial interest in the
Tow Operator will result in termination of the Agreement. Failure to provide information to the City of any
information regarding the conviction of any of the above crimes may also result in termination of the
Agreement.
G.) ldentificationBadges
Each tow truck driver or employee of the Tow Operator shall wear, in plain view an identification badge,
authorized and issued by the City to that employee, while on any call for service where the City is
involved. lf a tow truck driver responds to a scene without his authorized name badge, the tow truck
driver will be dismissed from the scene and the next Tow Operator in rotation will be called. Failure to
carry an identification badge will be considered a violation as stated in Section 31, "Disciplinary Action," of
this Agreement. The purpose of these badges will be to identify those employees of the Tow Operator
who have been fingerprinted by the City and have passed the record check by the Department of Justice.
All identification badges are the property of the City and will be returned by the Tow Operator to the City
within forty-eight (48) hours of an employee's separation. Tow Operator will provide a current list of all
staff including drivers, dispatchers, etc. Anytime there are any changes to this list, the City is to be notified
by the next business day and provided with an updated and current list.
13. Tow Operator Licensinq and Gertification
All licensing and certifications required by Federal, State and local authorities shall be maintained current and
valid at all times as required in CVC sections: 34507.5,34600 et seq, 34620, and 12111, and sections 7231 et
seq, of the California Revenue and Taxation code. Failure to have any required license or certification, including
any driver who fails to have an appropriate class of license, may be grounds for immediate termination by City
without penalty.
14. lnspection
All real property and improvements thereon, and all vehicle facilities, equipment and materials used by the Tow
Operator in the performance of the services required herein shall be open to inspection by the City or its
authorized representative, and will be subject to no less than one annual inspection. Additional inspections may
be conducted without notice during normal business hours. lnspections may include, but are not limited to, all
books, accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose of auditing
or inspecting any aspect of performance directly related to this Agreement. ln the event that the City determines
that the real property and improvements thereon are insufficient, derelict or fail to meet the requirements as
called out in this Agreement, thrs Agreement may be terminated by City immediately, without penalty.
15. Vehicle and Equipment Requirements
Tow vehicles will be maintained in compliance with sections 24605, 25253,25300, 27700 and 27907 of the
CVC. Tow vehicles will be of at least 14,000 lbs. GVWR with dual rear wheels, with the ability to tow two (2)
vehicles, or a vehicle and/or a trailer Tow vehicles must have two-way communication capabilities and the
ability to communicate and connect with the DTS System at all times. The Tow Operator shall have equipment
capable of towing from off-road areas, towing from underground facilities, and recovery services with an
adjustable boom with at least five tons of lifting capacity. ln addition to the conventional wheel lift towing
capabilities, the Tow Operator shall maintain at least one or more flatbed or rollback trucks with a minimum of
fifty (50) feet of cable, and the required safety equipment. Unless othenvise specified by the City, all Tow
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Operators shall respond to a tow service request with a flatbed or rollback truck as specified above. At the
discretion of the tow operator, a wrecker may be used to respond to a tow service request. lf for any reason the
Tow Operator is unable to complete the tow service request with the wrecker, the Tow Operator will not be
placed back on the top of the rotation list and a new Tow Operator will receive the tow service request
A 3-axle or 25-ton truck is not required equipment. However, Tow Operators that possess this equipment will be
placed on a heavy-duty tow rotation list.
All trucks must have the required emergency lighting, portable stop and tail lamps, a broom, shovel, fire
extinguisher (rating 4-8, C), a utility light, reflective triangles, a large pry-bar, covered trash cans with approved
absorbent, rags, unlocking equipment, dollies (boom trucks), chains, and/or tie downs.
Wheel lift trucks will maintain at least 100 feet of cable and all safety equipment as required by the
manufacturer.
Tow vehicles must have a cable winch of sufficient size and capacity to retrieve vehicles that have gone off
traveled portions of roadways into inundated areas or other inaccessible locations. Winches must have visible
lD tags designating the model, make, serial number, and rated capacity.
All tow trucks used in City tows will be subject to a yearly inspection. This does not preclude the City from
conducting random inspections throughout the year.
16. Vehicleldentification
Tow vehicles shall display identification signs in compliance with section 27907 of the CVC. The Tow Operator
shall not display any sign or advertising material that indicates that his tow vehicles are an official police service
of the City.
17. Charges and Fees to be collected from Reqistered Owners
All rates and charges shall be conspicuously posted in the office and in all tow vehicles. These rates shall quote
complete charges and fees with no additional fees to be added at a later date. These rates will be available for
review by City personnel and/or the person for whom tow service is provided. All fees collected shall be itemized
and invoiced in DTS in accordance to section 22651.07 of the CVC. lt will be the Tow Operator's responsibility
to collect his bill for service, and the City will not be responsible in any way for these charges. Storage fees will
be calculated on the calendar day except the first 24-hours which is counted as a single day in accordance with
California Civil Code (CCC) 3068.1 (see Attachment B). Allfees listed on the DTS invoice will be received in the
form of major credit card, debit card, or cash. All fees collected, both City and Tow Operator fees, must be
invoiced through the DTS system prior to release and at the time of payment. No credit card fees will be
charged pursuant to CVC section 22651.1 and CCC section 1748.1 for any portion of the fees. The City
reserves the right to change all payment methods during the term of this agreement.
18. Lien Fees
At no time shall the City be charged a lien fee on a towed or impounded vehicle. No lien shall be attached to
any vehicle that has been impounded by the City until after seventy-two (72) hours from the time of storage as
listed in the DTS system have passed pursuantto section 22851.12 of the CVC. All lien transactions must be
entered into the DTS system by Tow Operator. Vehicles sold at lien sale shall abide by all laws relating to lien
sales. A vehicle held in impound by the City for thirty (30) days, shall not be sold at lien until such time as is
considered reasonable to allow the registered owner time to pay for and pick up the vehicle before it is sold at
lien, but under no circumstances before the thirty-fifth (35'n) day after storage.
The Tow Operator shall abide by all applicable statutes and ordinances concerning disposal of unclaimed
vehicles, including but not necessarily limited to CVC sections 22670,22851,22851.1',228512:22851.3:
22851 .4: 22851 .6; 22851 .8; 22851 .1 0, 22851 .12 and 22852.5.
As described in CVC section 22856, liability for despoliation of evidence shall not arise against the Tow
Operator that sells any vehicle at, or disposes of any vehicle after, a lien sale, as long as the Tow Operator can
show written proof that he was notified in writing by the City that the vehicle would not be needed as evidence in
a legal action. This proof may exist in the form of an official release in the DTS System or any other written
conveyance signed by a member of the City prior to the official, written release of the vehicle.
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19. Reasonableness and Validitv of Fees
Fees charged to the registered owner or any other person for response to calls originating from the City shall be
reasonable and not in excess of those rates charged for similar services provided in response to requests
initiated by any other public agency or private person. During the term of this agreement, the City shall conduct
an annual review each December of towing and storage fees of comparable cities and adjust rates set forth in
Attachment B by the first week of January of the following year.
20. Towinq Operation
All tows performed under this Agreement will be included in the flat rate charge as described in Attachment B.
No additional charges shall be charged without prior approval from the City and written notice is provided in the
DTS System. Any unapproved charges received outside the DTS System will result in immediate termination of
this Agreement and removalfrom the rotation list.
The Tow Operator shall base towing charges upon the class of vehicle being towed regardless of the class of
the truck used, except when vehicle recovery operations require a larger class truck The Tow Operator may
refer to the tow truck classes and weight ratings as defined by the Towing & Recovery Association of America
(TRAA) vehicle identification guide.
21. Service Gall Rotation and Fees
The City shall establish a separate rotation list for Tow Operators willing to respond to service requests (out of
gas, lockouts, tire changes, etc.) Rates for a service requests shall not exceed one-half the flat rate charge for a
light duty truck response.
22. Gate Fees
No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding State
recognized holidays as listed below:
New Year's Day
Martin Luther King Day
Presidents'Day
Cesar Chavez Day
Memorial Day
lndependence Day
Labor Day
Veterans'Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
An after hours gate fee may be charged at all other times. The gate fee is not to exceed fifty percent (50%) of
the flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal
property recovery that occurs outside normal business hours (excluding lien fees, storage fees, taxes, or other
additional fees.) The Tow Operator is responsible for assuring that proper gate fees are charged in accordance
with this section. Over charging gate fees will be considered a major violation as outlined in Section 30.
All towing and storage fees charged by the Tow Operator are the responsibility of the vehicle's owner and are
not the responsibility of the City. The exception would be evidentiary impounds made at the direction of City
personnel
23. Cancelled Tow
The City shall not be liable to pay the Tow Operator or anyone else any charge or other fee for a call that does
not result in a chargeable service being rendered by Tow Operator ("Dry Run"). The cancelled Tow Operator
shall be placed back on the top of the rotation list and will receive the next tow in rotation.
24. Towed in Error
ln the event the City determines that an error has occurred in impounding a vehicle, it shall be immediately
released to the registered owner without charge and the Tow Operator will be placed back on the top of the
rotation list and will receive the next tow in rotation. ln addition, the Tow Operator will be given one extra tows
on the rotation list. Additional extra tows may be given at the discretion of the Tow Unit.
25. Release Fees
California law authorizes the recovery of funds required to enforce certain provisions of the CVC and promote
traffic safety on public roadways. This authorization falls under CVC section 22850.5 and further authorized by
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City resolutions. These resolutions are open to public view at the City and/or City offices and are on file with the
City's Traffic Bureau. The Tow Operator will collect fees on the behalf of the City from the registered owner,
legal owner or agent of an impounded car.
A City administrative / franchise fee will be charged for the release of a vehicle that has been impounded by the
City Fees will be established by an independent consulting firm to determine the City's costs associated with
impounding vehicles in accordance with CVC sections 22850.5 and 12110(b). All vehicles impounded will be
charged an administrative / franchise fee for the release of the vehicle. This fee will be established and attached
to each vehicle in the DTS System. The City's administrative fees will be collected at the time of the release by
the Tow Operator. The Tow Operator will pay the City's franchise fees equivalent to the City's administrative
fees for every vehicle that is not picked up by the owner or agent. The Tow Operator will pay the City's
administrative / franchise fees for every.City vehicle that was towed during the preceding month and will pay the
City no later than 12"00 p.m. on the 15'n of the following month, regardless of the disposition of the vehicle. ln
the event that the 15'n of the month falls on one of the State recognized holidays listed in Section 22 above, or a
weekend, the City's administrative/franchise fee must be paid by 12:00 p.m. on the following business day. Tow
Operators who fail to submit the City's administrative / franchise fees to the City by the 15'n day of each month
will be immediately suspended from rotation until all fees are received, and will be subject to appropriate
disciplinary action and civil recourse. The City will keep a strict accounting of these fees through the DTS
System and frequent audits will take place to ensure accurate and timely payment of collected City
administrative / franchise fees. The fee will be listed as an item on the owner's / agent's DTS contractor invoice
26. UnauthorizedRelease
Unauthorized release of an impounded vehicle, accidental or othenruise, having evidentiary value, not officially
released by the City, and determined to be the fault of the Tow Operator, will result in the issuance of a major
violation as set forth in this Agreement. The determination of such fault will be the responsibility of the City
27. Release of Multi-Dav lmpounds
A vehicle impounded with a multiple day hold may only be released prior to the impound period with written
authorization by the City in the DTS System. The DTS System will automatically schedule the release of an
impounded vehicle.
28. Release of Vehicles
Vehicles may only be released through the DTS System. Once the DTS System authorizes the release of a
stored or impounded vehicle, it is the Tow Operator's responsibility for the vehicle's release. The Tow Operator
is hereby granted authority to release to the registered owner, legal owner, or authorized representative,
pursuant to section 22850.3 of the CVC. At the time of release, the Tow Operator shall have the registered
owner, legal owner, or authorized representative taking possession of the vehicle sign a release indicating that
they are properly licensed and insured to drive a motor vehicle.
29. Disciplinarv Action
The Chief of Police, or his/her designee, shall take disciplinary action against Tow Operators for violations
investigated and sustained. Unless othen¡vise noted, the Chief of Police, or his/her designee, will determine the
period of suspension and shall retain discretion regarding the length of any suspension imposed pursuant to the
terms and conditions of this Agreement. The City shall retain record of violations for at least the term of this
Agreement.
30. Maior violations
Major violations include any chargeable offense under Federal, State, Local Law and significant violations of this
Agreement. Such violations shall result in suspension or immediate termination of this Agreement. The Chief of
Police, or his/her designee, reserves the right to impose longer periods of suspensions or immediate
termination, if deemed appropriate in his/her sole discretion. The Chief of Police, or his/her designee, reserves
the right to remove a Tow Operator from the tow rotation during the investigation of a major violation. A
reinstatement from suspension for a major violation will result in a five hundred dollar ($500.00) fee. Suspension
will not be lifted until the reinstatement fee is received by the Chief of Police or his/her designee. ln addition, a
major violation may also result in the Tow Operator's employee being removed from participation in this
Agreement. Examples of major violations include, but are not limited to:
. Physical assault, against public and/or law enforcement. Verbal abuse against public and/or law enforcement. Resisting arrest. Tow Truck Driver under the influence of alcohol or illegal drugs
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. Charging rates that exceed those listed in Attachment B. Vehicle released without authorization. Unauthorized access to storage yard
. Theft
o Mishandling of vehicles stored as evidence¡ Unauthorized driver responding to call. Failure to provide information or change of status on any Tow Operator employee or staffo Substantiated private party impound complaints. Any Felony/Misdemeanor arrest. Refusalto take a rotational tow. Failure to utilize the DTS System for all City towing related matters. Repeated late or nonpayment of City franchise fees. Failure to properly secure storage yard
. Failure to obey a lawful order by law enforcement
31. Minor violations
Minor violations will be given to the Tow Operator in the form of a documented warning for the first violation. The
second violation will be in the form of a documented reprimanded and a one hundred dollar ($100.00) fine.
Repeated minor violations during the term of the Agreement may be treated as a major violation, and the Tow
Operator will be suspended or terminated from this Agreement. A reinstatement from suspension will result in a
five hundred dollar ($500.00) fee Suspension will not be lifted until the reinstatement fee is received by the
Chief of Police or his/her designee. Examples of minor violations include, but are not limited to:
. Late payment of City franchise fees. Tow truck drivers not wearing City issued l.D. cards/ proper uniform. Unauthorized arrival time in excess of thirty (30) minutes, or forty-five (45) minutes during peak hours. Repeated rejection of dispatched calls. Other violations of this Agreement not considered a major violation by the Chief of Police or his/her
designee. Unauthorizedride-a-long. Failure to respond to customers' needs. Failure to maintain proper equipment. Failure to clean up at a collision scene
. Vehicle code infractions
32. Hearinq/Appeal
Tow Operator must have a legal existing interest in the tow operation or entitlement subject to the City order,
citation, decision or determination to have standing to appeal a decision by the Chief of Police or his/her
designee. An appeal that fails to identify the appellant's standing may be rejected as defective.
ln the event FPD serves Tow Operator with disciplinary action amounting to anything less than a suspension
resulting from a minor violation, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow Unit.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension for thirty (30) days or
less resulting from a minor or major violation, the Tow Operator may request a hearing within fifteen (15)
calendar days by submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow
Unit. Upon receipt of a written request for an appeal, and at the discretion of the Chief of Police, or his/her
designee, the Tow Operator may be allowed to continue rotational tows until the final disposition of the appellate
hearing.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension in excess of thirty (30)
days, or termination of the TSA, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Administrative Hearing Officer by way of the City Manager's Office. The
written appeal shall be in compliance with FMC sections 1-407 and 9-1712. Notwithstanding any provision
within Chapter 1, Article 4 of the FMC, any person who appeals a suspension in excess of thirty (30) days, or a
termination of the TSA shall not be entitled to placement on the Tow Rotation List or to participate in tows until
such time as any appeal hearing has been concluded and the Administrative Hearing Officer finds that no
grounds for a suspension in excess of thirty (30) days, or a termination of the TSA has been established Tow
Operator's remedy shall be limited to reinstatement on the tow rotation list in such case and no other
compensation or consideration will be allowed.
-18-
ATTACHMENT B
TOW FEES
Flat price per vehicle per call:
Light Duty ToMFlatbed $ 184.00/Each
Medium Duty Tow $ Average CHP Rates Apply
Heavy Duty Tow $ Average CHP Rates Apply
Water Recovery: $ Average CHP Rates Apply
Technoloqy Fee:
DTS Software Fee per Vehicle Towed $ Charge listed in DTS Contract and DTS System
Storaqe Rates:
Passenger cars $ 45.00/per dayMotorcycles $ 45.00/per day
Trucks or Trailers $ Average CHP Rates Apply
lnside Storaqe Rates:
Passenger cars $ 55.00/per dayMotorcycles $ 55.00/per day
Trucks or Trailers $ Average CHP Rates Apply
Gate Fee: No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding
State recognized holidays as listed in the Agreement.
An after hours gate fee may be charged at all other times. The gate fee shall not exceed fifty percent (50%) of the
flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal property
recovery that occur outside normal business hours (excluding lien fees, storage fees, taxes, or other additional
fees).
Non-tow service calls (out of gas, lockouts, and flat tires) shall not exceed one-half the flat rate charge for a light
duty truck response.
City of Fresno Administrative / Franchise Fees:
Vehicle Collision Blocking a Roadway $ 60.00
lllegally Parked / Abandoned Vehicle $1 16.00
Unlicensed Driver / Expired Registration $189.00
Arrested / Suspended Driver $266.00
DUI Driver $450.00
All fees listed on the DTS invoice will be received in the form of major credit card, debit card or cash. /Vo
credit card fee will be charged pursuant to CVC section 22651.1 and CCC section 1748.1.
-19-
CITY OF FRESNO
NON-EXCLUSIVE FRANCHISE TOW AGREEMENT
FOR FRESNO POL¡CE DEPARTMENT
This Non-exclusive Franchise Tow Agreement (TSA) is entered into effect on the 28th day of December 2014 set
forth below, at Fresno, California, between the City of Fresno, a municipal corporation (City) and Custom
Towing, a sole proprietorship (the Tow Operator).
This Agreement, including all attachments, contains rules and regulations that a tow company agrees to comply
with in order to participate in the tow operations of the City of Fresno Police Department (FPD). Participation in
the FPD Rotation Tow Program (Tow Program) is voluntary Compliance with all of the terms and conditions of
the Agreement is mandatory for tow companies participating in the Tow Program. A Tow Operator, by agreeing
to participate in the Tow Program, is not acting as an agent for FPD or City when performing services under this
Agreement.
1. Governinq Law and Venue
This Agreement shall be governed by, and construed enforced in accordance with, the laws of the State of
California excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue
for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any
rights and duties hereunder shall be the County of Fresno, California.
2. Entire Agreement
This Agreement, its attachments and exhibits, when accepted by the Tow Operator either in writing or
commencement of performance hereunder, contains the entire Agreement between the parties with respect to
the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth
herein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by
City in writing.
3. Amendments
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the
parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties;
and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in
writing
4. Assiqnment or Sub Contractinq
The terms, covenants, and conditions contained herein shall apply to the parties Furthermore, neither the
performance of this Agreement nor any portion thereof may be assigned or subcontracted by Tow Operator
without the express written consent of City. Any attempt by Tow Operator to assign or subcontract the
performance or any portion of this Agreement without the express written consent of City shall be invalid and
shall constitute a breach of this Agreement.
5. PatenUCopvriqht Materials/Proprietarv lnfrinqement
Unless otherwise expressly provided in this Agreement, Tow Operator shall be solely responsible for obtaining a
license or other authorization to use any patented or copyrighted materials in the performance of this
Agreement. Tow Operator warrants that any Software as modified through services provided hereunder will not
infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Tow Operator
agrees that, in accordance with the more specific requirement below, it shall indemnify, defend and hold City
and City lndemnitees harmless from any and all such claims and be responsible for payment of all costs,
damages, penalties and expenses related to or arising from such claim(s), including, but not limited to,
attorney's fees, costs and expenses.
6. Non-Discrimination
ln the performance of this Agreement, Tow Operator agrees that it will comply with the requirements of section
1735 of the California Labor Code and not engage nor permit any Tow Operators to engage in discrimination in
employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, marital status, or sex of such persons. Tow Operator acknowledges that a
violation of this provision shall subject Tow Operator to all the penalties imposed for a violation of anti-
discrimination law or regulation, including but not limited to, section 1720 et seq of the California Labor Code.
1
7. Termination
ln addition to any other remedies or rights it may have by law, City has the right to terminate this Agreementwithout penalty immediately with cause and either party may terminate attei tfrirty (30) days writtãn noticewithout cause, unless otherwise specified. Cause shall be defined as any breach oi tftis Agreement or any
misrepresentation or fraud on the part of the Tow operator. Exercise by city of its right to terminate the
Agreement shall relieve City of all further obligation.
8. Gonsent to Breach Not Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or
consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by anyparty to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver
of, or excuse for any other different or subsequent breach.
9. Remedies Not Exclusive
The remedies for breach set forth in this Agreement are cumulative as to one another and as to any otherprovided by law, rather than exclusive; and the expression of certain remedies in this Agreement dóes notpreclude resort by either party to any other remedies provided by law.
10. lndependent Tow Operator
Tow Operator shall be considered an independent Tow Operator and neither Tow Operator, its employees noranyone working under Tow Operator shall be considered an agent or an employee of City. Ñeit'her TowOperator, its employees nor anyone working under Tow Operator, shall qualify for workers' óomp"nsation or
other fringe benefits of any kind through City.
11. Performance
Tow Operator shall perform all work under this Agreement, taking necessary steps and precautions to performthe work to City's satisfaction. Tow Operator shall be responsible for the professional quality, technical
assurance, timely completion, and coordination of all do nis-hed by TowOperator under this Agreement. Tow Oper in a goo'd andworkman-like manner; furnish all labor, sup lies necessarytherefore; at its sole expense obtain and lic authorities,
including those of City required in its govern city, in connection with performance of the work; and, ifpermitted to subcontract, be fully responsible for allwork performed by sub-Tow'Operators.
12. lndemnification
A) Tow Operator shall indemnify, hold harmless and defend City and each of its officers, officials,
employees, agents and authorized volunteers from any and all loss, liability, fines, penalties
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not'limited topersonal injury, death at any time and pro
other person, and from any and all clai
attorney's fees and litigation expenses), ari
performance of this Agreement. Tow Op
apply regardless of whether City or any o
volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or
damages caused solely by the gross negligence, or caused by the willful misconduct, of Cíty or any
of its officers, officials, employees, agents or authorized volunteers.
B) lf Tow Operator should subcontract all or any portion of the work to be performed under this
Agreement, Tow Operator shall require each subcontractor to indemnify, hold harmless and defend
City and each of its officers, officials, employees, agents and authorized volunteers in accordance
with the terms of the preceding paragraph.
C) This section shall survive termination or expiration of this Agreement.
13. lnsurance
A) Throughout the life of this Agreement, Tow Operator shall pay for and maintain in full force and
effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted
by the California lnsurance Commissioner to do business in the State of California anà rated not
less than 'A-Vll' in Best's lnsurance Rating Guíde, or (ii) authorized by City's Risk Manager The
following policies of insurance are required:
2
1) COMMERCIAL GENERAL LIABILITY insurance which shall be on the most current version of
lnsurance Services Office (lSO) Commercial General Liability Coverage Form CG 00 01 and
include insurance for "bodily injury," "property damage" and "personal and advertising injury"
with coverage for premises and operations, products and completed operations, and
contractual liability (including, without limitation, indemnity obligations under the Agreement)
with limits of liability of not less than $1,000,000 per occurrence for bodily injury and property
damage, $1,000,000 per occurrence for personal and advertising injury and $2,000,000
aggregate for products and completed operations and $2,000,000 general aggregate.
2) GARAGEKEEPERS LEGAL LIABILITY insurance which shall include coverage for vehicles in
the care, custody, and control of the Tow Operator with limits of liability of not less than
$120,000 per occurrence for property damage.
3) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be on the most current
version of fnsurance Service Office (lSO) Business Auto Coverage Form CA 00 01, and
include coverage for alf owned, hired, and non-owned automobiles or other licensed vehicles
(Code 1- Any Auto) with limits of not less than $1,000,000 per accident for bodity injury and
property damage.
4) ON-HOOI(CARGO insurance which shall include coverage for vehicles in tow with limits of
liability based on the size of the tow truck, which are as follows:
ClassA/B towtruck... ......$120,000
Class C tow truck.. ..$200,000
Class D tow truck.. $300,000
WORKERS' COMPENSATION insurance as required under the California Labor Code and
EMPLOYERS'LIABILITY insurance with minimum limits of $'1,000,000 each accident, $j,000,000
disease policy limit and $1,000,000 disease each employee.
Tow Operator shall be responsible for payment of any deductibles contained in any insurance
policies required hereunder and Tow Operator shall also be responsible for payment of any self-
insured retentions Any deductibles or self-insured retentions must be declared to on the Certificate
of lnsurance and approved by the City's Risk Manager or his/her designee. At the option of the
City's Risk Manager, or his/her designee, either:
1) The insurer shall reduce or eliminate such deductibles or self-insured retention as
respects City, its officers, officials, employees, agents and volunteers; or
2) Tow Operation shall provide a financial guarantee, satisfactory to City's Risk Manager, or
his/her designee, guaranteeing payment of losses and related investigations, claim
administration and defense expenses. At no time shall City be responsible for the payment of
any deductibles or self-insured retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30)
calendar days written notice in favor of City of policy cancellation, change or reduction of covérage,
except for the Workers'Compensation policy which shall provide ten (10) calendar days written
notice of such cancellation, change or reduction of coverage. ln the event any policies are due to
expire during the term of this Agreement, Tow Operator shall provide a new certificate and all
applicable endorsements evidencing renewal of such policy prior to the expiration date of the
expiring policy(ies) to the Chief of Police, or his/her designee, and the City's Risk Division. Upon
issuance by the insurer, broker, or agent of a notice of cancellation, change or reduction in
coverage, Tow Operator shall file with the Chief of Police, or his/her designee, and the City's Risk
Division, a new certificate and all applicable endorsements for such policy(ies)
The General Liability, Automobile Liability and Garagekeepers Legal Liability insurance policies
shall be written on an occurrence form and shall name City, its officers, officials, agents, employees
and volunteers as an additional insured. Such policy(ies) of insurance shall be éndorsed so Tow
Operator's insurance shall be primary with respect to the City, its officers, officials, employees,
agents and authorized volunteers with no contribution required of City. Any Workers' Compensation
insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents,
a)
b)
c)
5)
B)
c)
D)
3
employees and authorized volunteers. Tow Operator shall have furnished City with the certificate(s)
and applicable endorsements for ALL required insurance prior to City's execution of the Agreement.
E) The fact that insurance is obtained by Tow Operator shall not be deemed to release or diminish the
liability of Tow Operator, including, without limitation, liability under the indemnity provisions of this
Agreement. City shall apply to all claims and liability regardless of whether any insurance policies
are applicable. The policy limits do not act as a limiiation upon the amount of iñdemnification to be
provided by Tow Operator Approval or purchase of any insurance contracts or policies shall in no
way relieve from liability nor limit the liability of Tow Operator, its principals, officers, agents,
employees, persons under the supervision of Tow Operator, vendors, suppliers, invitees,
consultants, sub-consultants, subcontractors, or anyone employed directly or indirecfly by any of
them.
F) Upon request of City, Tow Operator shall immediately furnish City with a complete copy of any
insurance policy required under this Agreement, including all endorsements, with said copy-certified
by the underuvriter to be a true and correct copy of the original policy. This requirement shåll survive
expiration or termination of this Agreement.
G) lf at any time during the life of the Agreement or any extension, Tow Operator fails to maintain the
required insurance in full force and effect, all work under this Agreement shall be discontinued
immediately until notice is received by City that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory to City.
Any failure to maintain the required insurance shall be sufficient cause for City to terminate this
Agreement.
H) lf Tow Operator should subcontract all or any portion of the work to be performed, Tow Operator
shall require each subcontractor to provide insurance protection in favor of the City, its officer,
officials, employees, agents and authorized volunteers in accordance with the terms oi each of the
preceding paragraphs, except that the subcontractors certificates and endorsements shall be on file
with the Tow Operator and City prior to the commencement of any work by the subcontractor.
14. Bills and Liens
Tow Operator shall pay promptly all indebtedness for labor, materials, and equipment used in performance of
the work. Tow Operator shall not permit any lien or charge to attach to the work or the premises, but if any does
so attach, Tow Operator shall promptly procure its release and indemnify, defend, and hold City harmleés and
be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related
thereto
15. Chanqe of Control
Tow Operator agrees that if there is a change or transfer in ownership or control of the Tow Operator's business
prior to completion of this Agreement, unless such change or transfer is to "immediate family" as de¡ned in
Fresno Municipal Code (FMC) section 3-101(e) and approved in writing by the Chief of police, or his/her
designee, such change or transfer shall terminate this Agreement. This includes but is not limited to changes in:
Corporate Board Members, Managers, Directors, Treasurer, Trustees, or ownership interests All changes or
transfers to "immediate family" must be approved by the Chief of Police, or his/her designee, prior to such
change or transfer in order for the Tow Operator to remain on the tow services list. Final written approval or
disapproval for the change or transfer in ownership or control will be given by the Chief of Police or his/her
designee. All "immediate family" members involved in the potential transfer and operation of the Tow Operator
shall be required to undergo a background check, review, and "Livescan" fingerprint screening The "immediate
family" members involved in the change or transfer of ownership or control must also possesé and keep current
all licensing certificates and insurance as required in this Agreement. The "immediate family" members who will
operate or otherwise be legally responsible for the Tow Operator will be required to execute a new TSA
A) Tow Operator owners shall be directly involved in the day{o-day operations of their
business and shall not be directly involved in the towing-related business of any other tow
company on, or applicant for, the Tow Rotation List. Co-mingling of operations, business,
offices, board members, and finances is strictly prohibited.
B) lf terminated or suspended, Tow Operator and/or its owner at the time of the suspension or
termination, shall not be eligible for a rotation listing for the duration of the suspension or
termination. This section applies to the Tow Operator working in any capacity within any tow
4
business or operating any tow business and to the tow business even if operated under new
ownership
C) Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow
Rotation List, excluding equipment which may be unavailable due to repairs or when there is a need
for equipment replacement and written approval is obtained from the Chief of police or his/her
designee.
16. Force Maieure
Tow Operator shall not be in breach of this Agreement caused by any act of God, war, civil disorder,
employment strike or other cause beyond its reasonable control, provided Tow Operator gives written notice of
the cause of the delay to City within thirty-six (36) hours of the start of the delay and Tow Operator avails itself of
any available remedies
17. Confidentialitv
Tow Operator agrees to maintain the confidentiality of all City and City-related records and information pursuant
to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the termof this Agreement. All such records and information shall be considered confidential anâ kept confiãential by
Tow Operator and Tow Operator's staff, agents and employees.
18. Compliance with Laws
Tow Operator represents and warrants that services to be provided under this Agreement shall fully comply, atTow Operator's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and
regulations, including, but not limited to those issued by City in its governmental capacity and all other lawsapplicable to the services at the time services are provided to and accepted Oy ôity. Tow Operator
acknowledges that City is relying on Tow Operator to ensure such compliance (collectiveÍy Laws). Tow Operator
agrees that it shall defend, indemnify and hold City and City fndemnitees harmless from all tiability, damages,
costs, and expenses arising from or related to a violation of Laws.
19. Pricinq
The Agreement price shall include full compensation for providing all required services in accordance with the
Scope of Work attached to this Agreement, and no additional compensation will be allowed therefore, unlessotherwise provided for in this Agreement. Tow Operator shall pay the City Franchise Fees as listed in
Attachment "8", or "City Administrative / Franchise Fees", in accordance with Parag raph 25 of Attachment ,,A',.
20. Terms and Conditions
Tow Operator acknowledges that the undersigned has read and agrees to all terms and conditions included in
this Agreement.
2',. Severabilitv
lf any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full forcé and effect and
shall in no way be affected, impaired or invalidated thereby.
22. Galendar Davs
Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless
othenryise expressly provided.
23. Attornev Fees
lfeither party is required to commence any proceeding or legal action to enforce any term, covenant or condition
of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other
party its reasonable Attorney's fees and legal expenses.
24. lnterpretation
This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in
the matters dealt with in this Agreement. ln addition, each party has been represented by experieñced and
knowledgeable independent legalcounselof their own choosing or has knowingly declined to seek such counsel
despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have
not been influenced to any extent whatsoever in executing this Agreement by any other party hereto or 6y any
person representing them, or both. Accordingly, any rule or law (including California Civil Code section tOSa¡ or
legal decision that would require interpretation of any ambiguities in this Agreement against the party that has
5
drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable
manner to affect the purpose of the parties and this Agreement.
25. Authoritv
The parties to this Agreement represent and warrant that this Agreement has been duly authorized and
executed and constitute the legally binding obligation of their respective organization or entiiy, enforceable in
accordance with its terms
26. Employee Eliqibilitv Verification
Tow Operator warrants that it fully complies with all Federal and State statutes and regulations regarding the
employment of aliens and others and that all its employees performing work under this Agreemenl meei the
citizenship or alien status requirement set forth in Federal statutes and regulations. Tow Opêrator shall obtain,
from all employees performing work hereunder, all verification and other documentation of employment eligibility
status required by Federal or State statutes and regulations including, but not limited to, the lmmþration Rêtorm
and Control Act of 1986, 8 U.S.C. 51324 et seq., as they currently exist and as they may be hereãfter amended.
Tow Operator shall retain all such documentation for all covered employees for the period prescribed by the law.
Tow Operator shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its
agents, officers, and employees from employer sanctions and any other liability which may be assessed agãinst
Tow Operator or City or both in connection with any alleged violation of any Federai or State statuiês or
regulations pertaining to the eligibility for employment of any persons performing work under this Agreement.
27. Additional Terms and ConditionsA) Term of Agreement: This Agreement shall commence on December 2A, 2014, and shall be
effective for three (3) years from that date, unless otherwise terminated by City.
B) Fiscal Appropriations: This Agreement is subject to and contingent upon applicable budgetary
appropriations being made by the City for each year during the term of this Agreement. li such
appropriations are not forthcoming, the I greement will be terminated without penalty. Tow
Operator acknowledges that funding or portions of funding for this Agreement may also be
contingent upon the receipt of funds from, and/or appropriation of funds by City. lf suðh funding
and/or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate
or modify this Agreement without penalty.
C) Conflict of lnterest (Tow Operator): Tow Operator shall exercise reasonable care and diligence toprevent any actions or conditions that result in a conflict with the best interest of City. This
obligation shall apply to Tow Operator, Tow Operator's employees, agents, relatives, and third
parties associated with accomplishing the work hereunder. Tow Operator's efforts shall include, butnot be limited to, establishing precautions to prevent its employees or agents from making,
receiving, providing, or offering gifts, entertainment, payments, loans, or other considerations which
could be deemed to appear to influence individuals to act contrary to the best interest of City.
D) Tow Operator Work Hours and Safety Standards: Tow Operator shall ensure compliance with all
safety and hourly requirements for employees, in accordance with federal, state, and City safety
and health regulations and laws.
E) Orderly Termination: Upon termination or other expiration of this Agreement, each party shall
the other party and s of the other r-rerd by
of execution of t dition I assist the other party
ion of this Agree r of a ible and intangible, as
for the orderly, n s con h party.
F) Reprocurement Costs: ln the case of default by Tow Operator, City may procure the service from
other sources and, if the cost is higher, Tow Operator will be held responsible to pay City the
difference between the Agreement cost and the price paid. City may make reasonable efforts to
obtain the prevailing market price at the time such services are rendered. This is in addition to any
other remedies available under law.
G) Authorization Warranty: Tow Operator represents and warrants that the person executing this
Agreement on behalf of and for Tow Operator is an authorized agent who has actual authoiity to
bind Tow Operator to each and every term, condition, and obligation of this Agreement and thai all
requirements of Tow Operator have been fulfilled to provide such actual authority.
6
28.
H) Notices: Any and all notices permitted or required to be given hereunder shall be deemed duly
given (1) upon actualdelivery, if delivery is by hand; or (2) upon delivery by the United States mail if
delivery is by postage paid registered or certified return receipt requested mail; or (3) through
electronic means such as, email or the Dispatch & Tracking Solutions Software System (DTS).
l) Data - Title to: All materials, documents, data or information obtained from City data files or any
City medium furnished to Tow Operator in the performance of this Agreement will at all times remain
the property of City. Such data or information may not be used or copied for direct or indirect use
by Tow Operator after completion or termination of this Agreement without the express written
consent of City. All materials, documents, data or information, including copies, must be returned to
City at the end of this Agreement.
J) Usage: No guarantee is given by City to Tow Operator regarding usage of this Agreement. Usage
figures, if provided, are approximate, based upon the last usage. Tow Operator agrees to supp-ly
services and/or commodities requested, as needed by City, at prices listed in the Agreemeni,
regardless of quantity requested.
K) Tow Operator's Records: Tow Operator shall keep true and accurate accounts, records, books
and data which shall correctly reflect the business transacted by Tow Operator in accordance with
generally accepted accounting principles These records shall be stored at the Tow Operators
principal place of business for a period of three (3) years after final payment is received by City
L) Audits/lnspections: Tow Operator agrees to permit City's authorized representative (including
auditors from a private auditing firm hired by City) access during normal working hours to all books,
accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose
of auditing or inspecting any aspect of performance under this Agreement. The inspection and/or
audit will be confined to those matters connected with the performance of the Agreement including,
but not limited to, the costs of administering the Agreement. City reserves the right to audit and
verify Tow Operator's records before or after final payment is made.
Tow Operator agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of records retention is stipulated under this Agreement or
by law. Tow Operator agrees to allow interviews of any employees or others who mighireasonably
have information related to such records. Further, Tow Operator agrees to include alimilar right to
City to audit records and interview staff of any sub-Tow Operator related to performance of th¡s
Agreement.
M) Should Tow Operator cease to exist as a legal entity, Tow Operator's records pertaining to this
Agreement shall be forwarded to the Chief of Police or his/her designee.
Disputes-Aqreement
A) The Parties shall deal in good faith and attempt to resolve potential disputes informally.
1) Tow Operator shall submit to the Chief of Police, or his/her designee, a written demand for a
final decision regarding the disposition of any dispute between the parties arising under,
related to, or involving this Agreement, unless City, on its own initiative, has already rendered
such a final decision2) Tow Operator's written demand shall be fully supported by factual information, and, if such
demand involves a cost adjustment to the Agreement, Tow Operator shall include with the
demand a written statement signed by a senior official indicating that the demand is made ingood faith, that the supporting data are accurate and complete, and that the amount
requested accurately reflects the Agreement adjustment for which Tow Operator believes City
is liable.
B) Pending the final resolution of any dispute arising under, related to, or involving this Agreement,
Tow Operator agrees to diligently proceed with the performance of this Agreement. Tow Operator's
failure to diligently proceed shall be considered a material breach of this Agreement
C) Any final decision of City shall be expressly identified as such, shall be in writing, and shall be
signed by the City Hearing Administrative Officer, or Chief of Police, or his/her designee, as
applicable. lf City fails to render a decision within ninety (90) days after receipt of Tow Operator's
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demand, it shall be deemed a final decision adverse to Tow Operator's contentions. City's final
decision shall be conclusive and binding regarding the dispute unless Tow Operator commences
action in a court of competent jurisdiction.
29. Breach of Aqreement
The failure of the Tow Operator to comply with any of the provisions, covenants or conditions of this Agreement
shall be a material breach of this Agreement. ln such event the City may, and in addition to any other remedies
available at law, in equity, or otherwise specified in this Agreement, undertake any of the individual actions or
any combination of the following actions:
1) Afford the Tow Operator written notice of the breach and ten calendar days or such
shorter time that may be specified in this Agreement within which to cure the
breach;
2) Suspend and/or remove Tow Operator from the rotation;
3) Terminate the Agreement immediately, without any penalty.
The Parties hereto have executed this Agreement.
TOW OPERATOR*:
Title.Bv
TOW OPERATOR:
Print Name:Date:
*lf a corporation or limited liability company, the document must be signed by two corporate officers. The first signature
must be either the Chairman of the Board, President, or any Vice President. The second signature must be the
secretary, an assistant secretary, the Chief Financial Officer, or any assistant treasurers. In the alternative, a single
signature is acceptable when accompanied by a corporate document demonstrating the legal authority of the
signature to bind the company.
CITY OF FRESNO.
A municipal
By
DOUGLAS T. SLOAN
City
vl.bl
ATTEST:
WONNE SPENCE, CMC
City Clerk
By:: Date:
Date:
Date:
I
t zlzz/ t'l
ATTACHMENT A
SCOPE OF WORK
1. Scope of Work
Tow Operator shall perform the towing, and storage of vehicles as directed by the City, and in addition, such
other services as provided in this Scope of Work, and shall provide necessary storage facility, tow vehicles,
labor, materials, equipment, machinery, and tools. The Tow Operator shall comply with all State laws and
regulations, applicable to tow units and impound, towing, storage, selling or junking of vehicles. Tow operators
must follow all guidelines set forth by equipment manufactures recommendations as to their use and care of all
towing related equipment. All permits and licensing fees as specified under California Vehicle Code (CVC)
sections 34620 through 34624 shall be in full force and effect at all times during this Agreement Any violation of
this section will be considered a material breach of the Agreement and may result in immediate termination of
this Agreement.
2. Towino Services and Duties
It shall be the duty of the Tow Operator, when so directed by the City, to provide prompt tow service for vehicles
which are taken into custody by the City. This includes vehicles involved in collisions or disabled by any other
cause, abandoned in public places or on private property. Vehicles impounded for evidence, impeding tñe flowof traffic, or which for any other reason, are within the jurisdiction of the FPD. As required by law, Tow
Operators are to remove from the street all debris resulting from said collisions and to clean the immediate area
of such street (CVC section 27700(a)(1)). lt shall also be the duty to provide for the safety and security of those
vehicles and the contents thereof. These duties are inherent to the job and are to be included in the piice of the
basic tow bill.
The tow truck operator shall provide a business card to the registered owner or driver for the vehicle being
towed. The business card shall contain the name, address and phone number of the tow company as well aé
the link to the vehicle search system in DTS as follows: www.flndmytow.com
Tow truck operators and/or drivers will not be permitted to drive an impounded or recovered stolen vehicle or
vehicle intended for storage from a FPD rotation call or specíal operation. Any exceptions must be at the
direction of the FPD officer in charge of the scene and should be limited to repositioning the vehicle to allow for
towing.
The City has designated two (2) tow companies for evidence impound tows and no other rotation tow company
shall maintain custody over these vehicles at any time. lf an officer impounds a vehicle for evidence and a non-
preference rotational tow is dispatched, it is the responsibility of the tow driver to verify with the officer on scene
as to whether a vehicle is to be held for evidence. lf it is determined that the vehicle is to be held for evidence,
the tow driver must immediately notify the officer on scene that the company is not authorized to handle
evidence impounds and an evidence tow company shall be dispatched. Tow Operator shall then contact the
Tow Unit on the same business day, or within the next business day if such tow occurs after regular business
hours. Acceptance of an evidence tow by a non-designated evidence tow company will result in disciplinary
action and full financial responsibility for all tow and storage fees for each violation.
lf terminated or suspended Tow Operator and/or owner at the time of the suspension or termination, shall not
be eligible for a rotation listing for the duration of the suspension or termination. This provision applies to the
Tow Operator working in any capacity within any tow business or operating any tow business and to the tow
business even if operated under new ownership.
Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow Rotation List,
excluding equipment which may be unavailable due to repairs or when there is a need for equipment
replacement and written notice has been obtained from FPD.
3. SpecialOperations
FPD conducts special operations coordinated through the Traffic Bureau throughout the year that requires tow
companies at the location of the special operation. Tow companies on the Tow Rotation List that are in good
standing with FPD may be invited to participate in these operations, provided they are willing to remain witñ the
special operation until its conclusion and forfeit any rotational tow calls (FPD, California Highway patrol, or
other) received during the duration of the operation. "Good standing" shall mean that Tow Operator has not
violated, or is not in violation of the terms of this Agreement, the provisions of the FMC, State, or Federal law
All special operations tows will be subject to the provisions of this Agreement. Tow Operator shall respond to a
9
special operation with a flatbed tow truck with the capability of towing (2) vehicles. No ride alongs will be allowedon any special operations unless the ride along is the Tow Owner or a Tow Driver who is in training and hasbeen approved by FPD.
4. Signaqe and hours of Operation
The storage yard or business office shall have a sign that clearly identifies it to the public as a towing service.
ic from the street and must be visible at night. All
y-four (24) hours per day and seven (7) days per
ty-four (24) hours per day and seven (7) days per
Tow Operator shall provide at least one person at a call station to respond and release vehicles within thirty (30)minutes. Tow Operator shall maintain all signage required pursuant to CVC sections 22ASO.3 andZ2Abl.Ol
and include an after-hours contact phone number for Tcw Operator.
5. Response Time
Tow Operator shall respond to calls twenty-four (24) hours a day, seven (7) days a week, within the maximumresponse time limits as established by the Chief of Police or his/her designee A reasonable response time isthirty (30) minutes or less, except during peak hours of 7:00 a.m. to g:00 a.m. and 4:00 p.m. to 6.00 f.m.,(lvlonday through Friday), when the required response time will be extended to forty-five (4S) minutes or less.Tow Operator shall respond with a tow truck of the r lass required to tow the vehicle sþeóifieO by the DTSSystem.
6. Non-Response
The Tow Operator shall update the DTS System at the time of dispatch to a tow rotation request. lf the TowOperator is either unable to respond or unable to meet the maximum response time, the tow operator shallimmediately update the DTS System accordingly. lf, after accepting the call, the Tow Operator is unable torespond or will be delayed in responding, the Tow Operator shãll immediately update the DTS systemaccordingly.
n-response. Each non-response will be immediately
I be logged by the DTS System and reviewed by the
er than the Tow Operator, the Tow Operator wilt Oe
pportunity in line.
One such breach, determined to be the fault of the Tow Operator, will be grounds for written reprimand whichmay be subsequent to a meeting between the Tow Operator and the City. À second breach may 'Oe grounds fora (30) thirty-day suspension of this Agreement. A third violation will be considered a material breach of theAgreement and may result in immediate termination of this Agreement.
ln the case of suspension or termination, all vehicles then in storage at the time of the suspension or terminationremain protected under this Agreement as City's impounds and the Tow Operator is so bound. The City willhave the option to remove and/or transfer stored vehicles.
When a Tow operator ble to provide services due to preplanned/scheduled activity,such as a vacation, m etc., the Tow Operator will notify City in writing via the DTSsystem at least forty-e City reserves the right to deny these requests to maintainadequate service levels for tow operations. Failure to notify the City will Oe considered a non-response and amaterial breach of this agreement.
7 - Storaqe Responslbilities
It shall be the duty of the Tow Operator to provide impound and other storage service for all vehicles as directed
by the City. The Tow Operator shall be responsible for all vehicles, accessbries and equipment thereon and allpersonal property therein stored by Tow Operator. lt shall be the Tow Operators' duty to protect such storedvehicles, accessories, equipment, and property against all loss or damage by fire, theit or other causes. TheTow Operator will have available for review by City personnel, all permit! and proof of compliance to all localzoning, special use, conditional use and special requirements, laws and regulation. lt is the responsibility of theTow Operator to ensure vehicles are stored in a secured facility.
8. Size and Location of Storaqe Facilitv
The tow yard shall be located within the City of Fresno's "Metropolitan Area." Metropolitan area is defined aswithin the borders of Copper Avenue to the north, American Avenue to the south, DeWolf Avenue to the east,
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and Chateau Fresno to the west. Tow Operator shall be responsible for the security of vehicles and property atthe place of storage. At a minimum, a six (6) foot fence or enclosed secured area is required ior'outside
storage. A minimum of 5,000 square feet, or room for twenty (20) vehicles, shall be provided. All tow yards
located with the City of Fresno shall be in compliance with the FMC, current Directors Class #208 and shall
follow the current Development and Resource Management Department's Policy and Procedure C-002. lf the
tow facility is located outside the City of Fresno, the tow operator is required to provide written proof that theyard is in compliance with the authorizing jurisdiction Tow Operator is responsible for the reaåonable care,
custody, and control of any property contained in towed or stored vehicles. The storage facility and business
office will be located at the primary storage yard and shall be maintained in a functiónal, clean and orderlyfashion. The facility shall have a telephone, on-site fax machine and the necessary computer equipment toproperly run DTS software and to send and receive email
ln the event of criminal activity at a storage facility, the City may require the Tow Operator to take measures toassist in preventing such crimes. These measures could include, but are not limited to: the yard being
illuminated during darkness, with security type lighting, to such a degree that visual observation oi the entireyard may be accomplished at alltimes, improved fencing and/or security patrols.
All vehicles stored or impounded as a result of a tow ordered by the City shall be towed direc¡y to a towing
service storage lot unless the City, or in the case of a citizen's assist, a person legally in charge of the vehicle,
requests that it be taken to some other location.
All vehicles towed as a result of action taken by the City will be stored at the Tow Operator's principal place of
business unless directed othenryise by the City's Tow Coordinator. Vehicles stored at an auxiliary storagä facilitywill be considered a breach of this Agreement. The Tow Operator shall not remove personal'propeñy from a
stored vehicle. lf the registered owner removes personal property from a stored vehicie, the Tow öpeiator willmaintain documentation of such and will require a signed receipt from the registered owner for property
released. The Tow Operator shall immediately notify the City if any contrabañd, weapons or hazardous
materials are found in the vehicle(s).
9. Enclosed Facilitv
The Tow Operator may maintain, without charge to the City or any other person, separate and enclosed garage
facilities no less than 1,000 square feet of clean working space. The facility must be constructed to include aroof and at least four walls of substantial design to withstand the elements and protect the vehicles from theweather The facility should have a concrete floor and sufficient lighting. This inside facility must be located atthe Tow Operator's primary storage yard. This inside facility is not required to qualify foi tne City's rotation,
however, when inside storage is requested for a particular vehicle, the next Tow Opeiator in line meeting the
,needs of the City's request will be used.
10. DTS Requirements
Ïow Operator shall utilize the most recent, updated and upgraded DTS software program, to dispatch and track,
via a web-based lnternet connection. Tow Operators will be required to enter the towed vehicle information as
instructed by the City. At no time will a vehicle be released, subject to lien, or junked from impound without all
required data fields being entered into the DTS system by the Tow Operator. The Tow Opeiator shall clearly
identify and enter into DTS the name of the person to whom the vehicle was actually released. All City tow
requests shall be made utilizing this program. Failure at any time to have the DTS progiam in full operation shallcause the immediate removal of the Tow Operator from the tow rotation and bé grounds for immediate
termination by City. Tow Operator must enter into a separate agreement, or license for the DTS software
program with the owner of that proprietary software. The City shall not provide the DTS software program, any
licensing or sub-licensing thereof or any intermediary services for the procurement by Tow Operator oi tne OtS
software program. This Agreement shall not be execut d by the City until Tow Operator has demonstrated tothe City's satisfaction compliance with the requirements set forth herein. Tow Operator shall be liable for all
fees, charges, prices, rates and service charges required from DTS. DTS shall be utilized in "real time,' and all
entries should reflect as such lnvoices shall be used from DTS when releasing vehicles and be pursuant to
section 22651.07 of the CVC. The only Tow Operator personnel authorized to utilize and access DTb are those
that have fully complied with the provisions set forth in Section 12, "Iow Operator Personnel" of this Agreement.lf the Tow Operator is not in FULL compliance with the above stated requirement, the Tow Operai'or will be
removed from the City towing rotation. ln the event that DTS fails to provide software services, or the City elects
to utilize a new software provider, the Tow Operator will be required to use the replacement towing software
system. lf that occurs, all references to DTS in this Agreement shall instead be interpreted as refererices to the
new software program
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11. Official Notification bv Citv Reqardinq Tow
Official notification by City regarding tow services is considered any form of written, email, verbal instructions or
notifications received from an authorized City employee or electronic notice from the DTS program. lf the Tow
Operator receives verbal instructions or notifications from a City employee the Tow Operator must respond to
City, by 5:00 p m. (PST) on the next business day.
12. Tow Operator Personnel
A.) Conduct
The Tow Operator shall perform the services required of it in an ethical, orderly manner, endeavoring to
obtain and keep the confidence of the public. At no time will the Tow Operator or its agent or ãny
employee of the Tow Operator exhibit any of the following behavior. rudeness, or othenruise being
uncooperative, argumentative, threatening, incompetent or acting in a dangerous manner with any City
employee, or with any member of the public. The City reserves the right to cancel an individuãl tow
assignment, if in the opinion of the City, the Tow Operator is acting in a rude, uncooperative,
argumentative, threatening, incompetent or dangerous manner. The City also reserves the right to cancel
an individual tow assignment if in the opinion of the City the Tow Operator is likely to damage the vehicle
for which the tow service was called. Other examples of unacceptable behavior include but ãre not limitedto: profanity, abusive language, disconnecting telephone calls for public inquiries regarding a tow,
threatening, aggressive, or assertive language, failure to provide timely information or documents in
response to a public or City inquiry, lack of respect to any City personnel or member of the public,
destruction or damaging of evidence, failure to comply with the reasonable request of a member of the
public, failure to release vehicle in a timely manner, failure to make appointment for release of vehicle
during evening or weekend hours, failure to promptly be on site at time of appointment for release of
vehicle during evening or weekend hours, impeding an investigation or any other conduct which the City
deems unprofessional.
lf the Tow Operator is found to be in violation of this conduct clause, the City will cancel the Tow Operator
and request the next Tow Operator in rotation. Any such behavior as set forth above shall be considereda material breach of this Agreement and may be grounds for immediate suspension or immediate
termination by the City, without penalty.
B.) PersonnelAppearance
Tow Operators shall be required to furnish their employees with a distinctive company uniform. Each
uniform shall have the firm's name, as well as the employee's name, in a conspicuous place. The tow
company's name and driver's first name shall be clearly visible at all times, meaning that protective or
inclement weather outer garments must meet this standard. Each employee shall have sufficient uniforms
so as to maintain a neat, clean appearance at all times. Minimum requirements for uniforms include a
shirt, long pants, and appropriate safety shoes. All drivers shall be in uniform before any towing or service
operation begins. No wording, designs, photos, gestures, or anything that could be considered offensive
or obscene to the general public shall be displayed by the Tow Operators or on any part of the uniform.
Dress standards are required in order to project a professional and positive image to the public.
All employees must be neat, clean and well groomed in appearance. ln order to ensure a professional
appearance, all tattoos must be concealed by operators while working. Personnel will be required to
conceal any tattoos with gloves, collars, long sleeves, or by other means acceptable to the City. Facial
tattoos of any variety are not permitted. No facial piercings shall be worn while on duty.
Drivers shall wear safety vests or reflectorized clothing that conforms to Occupational Safety and Health
Administration (OSHA) requirements. Alternatively, the OSHA safety requirements may be incorporated
into the uniform, jacket, or rain gear, as long as these items are worn as the outermost garment.
C.) UnlawfulActivitv
The Tow Operator or it's employees shall not be involved, nor shall the Tow Operator or its employees
become involved in any agreement or activity whether verbal, written or conveyed in any other manner,
any activity or business venture which may be construed as unlawful. lf the City deems the involvement
to be unlawful, the City may immediately terminate this Agreement.
The Tow Operator shall not provide any direct or indirect commission, gift or any compensation to any
person or public or private entity, in consideration of arranging or requesting the services of a tow truck as
provided in section 12110 of the CVC.
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No Tow Operator will be involved or solicit any compensation of any kind including but not limited to
involvement with any other company or business that might result in income or consideration as a result of
any activity initiated by the City
An example of such a prohibited involvement could include but is not limited to: financial reimbursement
by auto-body repair business for referrals, or towing directly from the scene of a collision to the auto-body
shop without prior unsolicited approval or request by the registered owner, driver or insurance company
representative of the damaged vehicle; kickback to or from a security company or homeowne/i
association for "finding" or towing a vehicle from a location, whether private property, public, off street
parking facility or a public roadway. Violation of this provision shall be grounds for immediate termination
by City, without penalty.
D.) Personnel Licenses
Tow Operators providing services under this Agreement, including tow truck drivers, dispatchers and other
office personnel, will have sufficient knowledge, experience and capability to ensure safe and proper
discharge of their service responsibilities. lt will be the responsibility of the Tow Operator to ensure tfrai alt
of its personnel will be properly licensed in accordance with sections 12500, 12520, and 12904 g of the
CVC. All tow truck drivers and tow truck operators shall be enrolled in the "Pull Notice" program as defined
in CVC sectionl808.1 et seq.. Drivers must complete a CHP approved Tow Operator Cıurse every five(5) years and copies of completion of the course shall be sent to the City. All Tow Operators and
personnel shall have no criminal record which would preclude them from being placed in a position of trust
while in the service of a law enforcement agency or any crime listed below under the heading of "Criminal
Record."
E.) Fingerprints
All owners and employees who have not previously submitted their "LiveScan" fingerprint samples shall
submit their "LiveScan" fingerprint samples, at their own expense, through the City prior to being awarded
this Agreement, for the purposes of verifying their criminal history with the Department of Justice.
Failure to provide information regarding the identity of the owner, employee, or anyone else with a
financial interest in the Tow Operator will result in termination of this Agreement. The Íow Operator will
provide the City with information regarding any change in employee status immediately and update DTS
to reflect such changes. Failure to comply may result in further disciplinary action, and will be considered
a breach of this Agreement.
After execution of this Agreement, no person shall be employed by the Tow Operator or perform any
service under this Agreement until the background record check and "LiveScan" is completed aná
approved by the City and said employee has received their identification badge from the City
Notwithstanding the foregoing, Tow Operators and owners that have towed for the City under the previous
Tow Service Agreement and have completed a new background and "LiveScan" check will be aliowed to
continue to tow for the City until such time as the results of the background and "LiveScan" submissions
are reviewed and approved by the City.
Any employee of the Tow Operator that has left employment with said Tow Operator and returned and
'been rehired must complete an additional background check before performing services pursuant to this
Agreement
F.) CriminalRecord
A conviction of anyone with a financial interest in the Tow Operator, or any employee of the Tow Operator,
including but not limited to any of the following offenses, may be cause for denial of application or
termination of this Agreement:
. Any crimes listed in California Penal Code section 290. DUI-Within 5 years of the Date of Fingerprinting. Vehicle thefto Fraud¡ Stolen property
. Crimes of Violence. Any felony crime relating to narcotics or any controlled substance. Any other crimes enumerated in CVC section 2432.3
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. Actively on parole or on any form of probation. Crime of moral turpitude. Sex, Arson, Narcotics Registrant. Other felony conviction
The City is not required t rationale or factual information in the event it elects to deny
application or remove a personnel from providing services for the City under thisAgreement. Tow driver ts denied under this section may appeal to ine Chief of
Police or his/her designe Chief of Police, or his/her designee, are final.
ln the event the Tow Operator or employee is c
be given the opportunity to replace that empl
prohibit the City from removing, suspending or t
the Tow Operator to provide the City with upda
conviction of any Tow Operator and/or employe
of guilty or nolo contendre, even to any lesser-i
provide information regarding the identity of the employee, or anyone else with a financial interest in theTow Operator will result in termination of the Agreement. Failure to provide information to the City of anyinformation regarding the conviction of any of :he above crimes may also result in termination of the
Agreement.
G.) ldentificationBadges
Each tow truck he Tow Operator shall wear, in plain view an identification badge,authorized and that employee, while on any call for service where the City isinvolved. lf a . ds to a scene without his authorized name badge, the tow truckdriver will be d e and the next Tow Operator in rotation will be ãalled Failure tocarry an identification badge will be considered a violation as stated in Section 31, "Disciplinary Action,,'ofthis Agreement. The purpose of these badges will be to identify those employees of tfre fow Operatorwho have been fingerprinted by the City and have passed the record check by the Department of Justice.
es are the property of the City and will be returned by the Tow Operator to the City
hours of an employee's separation. Tow Operator will provide a current list of all
dispatchers, etc. Anytime tl"ere are any changes to this list, the City is to be notified
by the next business day and provided with an updated and current iist
13. Tow Operator Licensino and Certification
All licensing and certifications required by Federal, State and local authorities shall be maintained current andvalid at all times as required in CVC sections. 34507.5,34600 etseq, 34620, and12111, and sections 7231 etseq, of the California Revenue and Taxation code. Failure to have any required license or certification, includingany driver who fails to have an appropriate class of license, may be grounds for immediate termination by Citywithout penalty.
'|-4. Inspection
All real vehicle facilities, equ rials used by the Towoperat ired herein shall be on by the óity or itsauthori less than one annual ional inspections maybe con s hours. lnspections are not limited to, allbooks, records, supporting documentation, including payroll andaccounts payable/receivable records, and other papers oi property of Tow Operator for the purpoie of auditing
or inspecting any aspect of performance directly related to this Agreement. ln the event that the City determines
that the real property and improvements thereon are i sufficient, derelict or fail to meet the reqúirements as
called out in this Agreement, this Agreement may be terminated by City immediately, without penaliy.
15. Vehicle and Equipment Requirements
Tow vehicles will be maintained ín compliance with sections 24605, 2s2s3,2s300, 27700 and 27907 of theCVC. Tow vehicles will be of at least 14,000 lbs. GVWR with dual rear wheels, with the ability to tow two (2)
vehicles, or a vehicle and/or a trailer. Tow vehicles must have two-way communication capãbilities and the
abílity to communicate and connect with the DTS System at all times. The Tow Operator shail have equipment
capable of towing from off-road areas, towing from underground facilities, and recovery services'with anadjustable boom with at least five tons of lifting capacity. ln addition to the conventional wheel lift towing
capabilities, the Tow Operator shall maintain at least one or more flatbed or rollback trucks with a minimum offifty (50) feet of cable, and the required safety equipment Unless otherwise specified by the City, all Tow
_14_
Operators shall respond to a tow service request with a flatbed or rollback truck as specified above. At thediscretion of the tow operator, a wrecker may be used to respond to a tow service request. lf for any reason theTow Operator is unable to complete the tow service request with the wrecker, the Tow Operatoi will not beplaced back on the top of the rotation list and a new Tow Operator will receive the tow service request.
A 3-axle or 25-ton truck is not required equipment. However, Tow Operators that possess this equipment will beplaced on a heavy-duty tow rotation list.
All trucks must have the required emergeÌìcy lighting, portable stop and tail lamps, a broom, shovel, fireextinguisher (rating 4-Br C), a utility light, reflective triangles, a large pry-bar, covered trash cans with approvedabsorbent, rags, unlocking equipment, dollies (boom trucks), chains, and/or tie downs.
Wheel lift trucks will maintain at least 100 feet of cable and all safety equipment as required by themanufacturer.
Tow vehicles must have a cable winch of sufficient size and capacity to retrieve vehicles that have gone offtraveled portions of roadways into inundated areas or other inaccessible locations. Winches must havé visiblelD tags designating the model, make, serial number, and rated capacity.
All tow trucks used in City tows will be subject to a yearly inspection. This does not preclude the City fromconducting random inspections throughout the year.
16. Vehicleldentification
Tow vehicles shall display identification signs in compliance with section 27907 of the CVC. The Tow Operatorshall not display any sign or advertising material that indicates that his tow vehicles are an official police serviceof the City.
17. Charqes and Fees to be collected from Reoistered Owners
All rates and charges shall be conspicuously posted in the office and in all tow vehicles These rates shall quotecomplete charges and fees with no additional fees to b: added at a later date. These rates will be available forreview by City personnel and/or the person for whom tow service is provided. All fees collected shall be itemizedand invoiced in DTS in accordance to section 22651.07 of the CVC. lt will be the Tow Operator's responsibilityto collect his bill for service, and the City will not be responsible in any way for these charges. Storage fees willbe calculated on the calendar day except the first 24-hours which is counted as a single dãy in accoúance withCalifornia Civil Code (CCC) 3068.1 (see Attachment B) All fees listed on the DTS invóice wilt be received in theform of major credit card, debit card, or cash All fees collected, both City and Tow Operator fees, must beinvoiced through the DTS system prior to release and at the time of payment. No credit card fees will becharged pursuant to CVC section 22651.1 and CCC section 1748.1 for-any portion of the fees. The Cityreserves the right to change all payment methods during the term of this agreement.
18. Lien Fees
At no time shall the City be charged a lien fee on a towed or impounded vehicle. No lien shall be attached toany vehicle that has been impounded by the City until after seventy-two (72) hours from the time of storage aslisted in the DTS system have passed pursuant to section 22851.'12 of the CVC. All lien transactions muit beentered into the DTS system by Tow Operator. Vehicles sold at lien sale shall abide by all laws relating to liensales. A vehicle held in impound by the City for thirty (30) days, shall not be sold at tien until such tirñe as isconsidered reasonable to allow the registered owner time to pay for and pick up the vehicle before it is sold atlien, but under no circumstances before the thirty-fifth (3sth) day after storage.
The Tow Operator shall abide by all applicable statutes and ordinances concerning disposal of unclaimedvehicles, including but not necessarily limited to CVC sections 22670',22851; ZZe-St.ti ZZASI.2,22BS1.3,
22851.4', 22851.6; 22851 .8; 22851.10, 22851.j2 and 22 tS2.S.
6 of evidence shall not arise against the Towd ¡, a lien sale, as long as the Tow Operator cand he vehicle would not be needed as evidence ini official release in the DTS System or any other writtenconveyance signed by a member of the City prior to the official, written release of the vehicle.
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19. Reasonableness and Validitv of Fees
Fees charged to the registered owner or any other person for response to calls originating from the City shall be
reasonable and not in excess of those rates charged for similar services provided in response to requests
initiated by any other public agency or private person. During the term of this agreement, the City shall conduct
an annual review each December of towing and storage fees of comparable cities and adjust raies set forth in
Attachment B by the first week of January of the following year.
20. Towinq Operation
All tows performed under this Agreement will be included in the flat rate charge as described in Attachment B
No additional charges shall be charged without prior approval from the City and written notice is provided in the
DTS System. Any unapproved charges received outside the DTS System will result in immediate termination of
this Agreement and removal from the rotation list.
The Tow Operator shall base towing charges upon the class of vehicle being towed regardless of the class ofthe truck used, except when vehicle recovery operations require a larger class truck. Íhe Tow Operator may
refer to the tow truck classes and weight ratings as defined by the Towing & Recovery Association of America(ïRAA) vehicle identification guide.
21. Service Call Rotation and Fees
The City shall establish a separate rotation list for Tow Operators willing to respond to service requests (out of
gas, lockouts, tire changes, etc.) Rates for a service requests shall not exceed one-half the flat rate chargà for a
light duty truck response.
22. Gate Fees
No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding State
recognized holidays as listed below:
New Year's Day
Martin Luther King Day
Presidents'Day
Cesar Chavez Day
Memorial Day
lndependence Day
Labor Day
Veterans'Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
An after hours gate fee may be charged at all other times. The gate fee is not to exceed fifty percent (50%) ofthe flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal
property recovery that occurs outside normal business hours (excluding lien fees, storage fees, taxes, or other
additional fees.) The Tow Operator is responsible for assuring that proper gate fees are charged in accordance
with this section. Over charging gate fees will be considered a major violation as ouflined in Settion 30.
All towing and storage fees charged by the Tow Operator are the responsibility of the vehicle's owner and are
not the responsibility of the City. The exception would be evidentiary impounds made at the direction of City
personnel.
23. Cancelled Tow
The City shall not be liable to pay the Tow Operator or anyone else any charge or other fee for a call that does
not result in a chargeable service being rendered by Tow Operator ("Dry Run"). The cancelled Tow Operator
shall be placed back on the top of the rotation list and will receive the next tow in rotation.
24. Towed in Error
ln the event the City determines that an error has occurred in impounding a vehicle, it shall be immediately
released to the registered owner without charge and the Tow Operator will be placed back on the top of the
rotation list and will receive the next tow in rotation. ln eddition, the Tow Operator will be given one exira tows
on the rotation list. Additional extra tows may be given at the discretion of the Tow Unit.
25. Release Fees
California law authorizes the recovery of funds required to enforce certain provisions of the CVC and promote
traffic safety on public roadways. This authorization falls under CVC section 228SO.S and further authorized by
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City resolutions. These resolutions are open to public view at the City and/or City offices and are on file with theCity's Traffic Bureau. The Tow Operator will collect fees on the behalf of the bity from the registered owner,legal owner or agent of an impounded car.
A City administrative / franchise fee will be charged for the release of a vehicle that has been impounded by theCity' Fees will be established by an independent con;ulting firm to determine the City's costs ässociated withimpounding vehicles in accordance with cVC sections 22850.5 and 12110(b). All ve'h¡cles impounded will becharged an administrative / franchise fee for the release of the vehicle. This fee will be established and attachedto each vehicle in the DTS System. The City's administrative fees will be collected at the time of the release bythe Tow Operator. The Tow Operator will pay the City's franchise fees equivalent to the City's administrativefees for every vehicle that is not picked up by the owner or agent. The Tow operator will pay the city'sadministrative / franchise fees for.every_,pity vehicle that was towed during the preceàing month and-will pay theCity no later than 12:00 p.m. on the 15'n of the following month, regardlels of the dispósition of tne ven¡cte. lnthe event that the 15"' of the month falls on one of the State recogniied holidays listed in Section 22 above, or aweekend, the City's administrative/franchise fee must be paid by 12'.00 p.m. on the followinq business dav. TowOperators who fail to submit the City's administrative / franchise fees to the City by the 15h day of eaãn'monthwill be immediately suspended from rotation until all fees are received, and w¡ll be subjeci to appropriatedisciplinary action and civil recourse. The City will keep a strict accounting of these feeé through tn"'OfSSystem and frequent audits will take place to ensure accurate and timely payment of collected Cityadministrative / franchise fees. The fee will be listed as an item on the owner's I ageht's DTS contractor invoice.
26. UnauthorizedRelease
Unauthorized release of an impounded vehicle, accidental or othen¡vise, having evidentiary value, not officiallyreleased by the City, and determined to be the fault of the Tow Operator, will result in the issuance of a majoiviolation as set forth in this Agreement. The determination of such fault will be the responsibility of the City.
27. Release of Multi-Dav lmpounds
A vehicle impounded_with a multiple day hold may only be released prior to the impound period with writtenauthorization by the City in the DTS System. The DTS System will automatically schedule the release of animpounded vehicle.
28. Release of Vehicles
Vehicles may only be released through the DTS System. Once the DTS System authorizes the release of astored or impounded vehicle, it is the Tow Operator's ris hereby granted authority to release to the registe
pursuant to section 22850.3 of the CVC. At the time
owner, legal owner, or authorized representative takin
they are properly licensed and insured to drive a motor
29. DisciplinarvAction
The Chief of Police, or his/her designee, shall take disciplinary action against Tow Operators for violationsinvestigated and sustained. Unless otheruvise noted, the Chief oi Police, oihis¡ner designee, will determine theperiod of suspension and shall retain discrelion regarding the length of any suspension imposed pursuant to theterms and conditions of this Agreement. The City shall retain record of violafions for at least the term of thisAgreement.
30. Maior violations
Major violations include any chargeable offense under Federal, State, Local Law and significant violations of thisAgreement. Suchviolationsshall resultinsuspensionorimmediateterminationofthisÀgreement.TheChiefof
Police, or his/her designee, reserves the right to impose longer periods of suspénsions or immediatetermination, if deemed appropriate in his/her sole discretion. The Chief of Police, or his/her designee, reservesthe right to remove a Tow Operator from the tow rotation during the investigation of a m4ór violation. Areinstatement from s lation will result in a five hundred dòllar ($500.00) fáe. Suspensionwill not be lifted until received by the Chief of police or his/her designee. ln addition, amajor violation may Operator'r employee being removed from þarticipation in thisAgreement. Examples of major violations include, but are not limited to:
. Physical assault, against public and/or law enforcemento Verbal abuse against public and/or law enforcemento Resisting arrest. Tow Truck Driver under the influence of alcohol or illegal drugs
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. Charging rates that exceed those listed in Attachment B. Vehicle released without authorization. Unauthorized access to storage yardo Theft
o Mishandling of vehicles stored as evidence. Unauthorized driver responding to call. Failure to provide information or change of status on any Tow Operator employee or staff. Substantiated private party impound complaints. Any Felony/Misdemeanor arrest. Refusalto take a rotational tow¡ Failure to utilize the DTS System for all City towing related matters. Repeated late or nonpayment of City franchise fees. Failure to properly secure storage yard. Failure to obey a lawful order by law enforcement
31. Minor violations
Minor violations will be given to the Tow Operator in the form of a documented warning for the first violation. The
second violation will be in the form of a documented reprimanded and a one hundred dollar ($100.00) fine.
Repeated minor violations during the term of the Agreement may be treated as a major violation, and the Tow
Operator will be suspended or terminated from this Agreement. A reinstatement from suspension will result in a
five hundred dollar ($500.00) fee. Suspension will not be lifted until the reinstatement fee is received by the
Chief of Police or his/her designee. Examples of minor violations include, but are not limited to:
. Late payment of City franchise fees. Tow truck drivers not wearing City issued l.D. cards/ proper uniformo Unauthorized arrival time in excess of thirty (30) minutes, or forty-five (45) minutes during peak hours. Repeated rejection of dispatched calls. Other violations of this Agreement not considered a major violation by the Chief of Police or his/her
designeeo Unauthorizedride-a-long. Failure to respond to customers' needso Failure to maintain proper equipmento Failure to clean up at a collision scene. Vehicle code infractions
32. Hearing/Appeal
Tow Operator must have a legal existing interest in the tow operation or entitlement subject to the City order,
citation, decision or determination to have standing to appeal a decision by the Chief of Police or his/her
designee. An appeal that fails to identify the appellant's standing may be rejected as defective.
ln the event FPD serves Tow Operator with disciplinary action amounting to anything less than a suspension
resulting from a minor violation, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow Unit.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension for thirty (30) days or
less resulting from a minor or major violation, the Tow Operator may request a hearing within fifteen (1S)
calendar days by submitting an appeal in writing to the Chief of Police, or his/her designee, through the TowUnit. Upon receipt of a written request for an appeal, and at the discretion of the Chief of Police, or his/her
designee, the Tow Operator may be allowed to continue rotational tows until the final disposition of the appellate
hearing.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension in excess of thirty (30)
days, or termination of the TSA, the Tow Operator may request a hearing within fìfteen (1S) calendar days by
submitting an appeal in writing to the Administrative Hearing Officer by way of the City Manager's Office. The
written appeal shall be in compliance with FMC sections 1407 and g-1712. Notwithstanding any provision
within Chapter 1, Article 4 of the FMC, any person who appeals a suspension in excess of thirty (30) days, or a
termination of the TSA shall not be entitled to placement on the Tow Rotation List or to participate in tows until
such time as any appeal hearing has been concluded and the Administrative Hearing Officer finds that no
grounds for a suspension in excess of thirty (30) days, or a termination of the TSA has been established. Tow
Operator's remedy shall be limited to reinstatement on the tow rotation list in such case and no other
compensation or consideration will be allowed.
'18 -
ATTACHMENT B
TOW FEES
Flat price per vehicle per call:
Light Duty Tow/Flatbed $ 184.00/Each
Medium Duty Tow $ Average CHP Rates Apply
Heavy Duty Tow $ Average CHP Rates Apply
Water Recoverv: $ Average CHP Rates Apply
Technoloqv Fee:
DTS Software Fee per Vehicle Towed $ Charge listed in DTS Contract and DTS System
Storaqe Rates:
Passenger cars $ 45.00/per dayMotorcycles $ 45.00/per day
Trucks or Trailers $ Average CHP Rates Apply
lnside Storaoe Rates:
Passenger cars $ 55.00/per dayMotorcycles $ 55.00/per day
Trucks or Trailers $ Average CHP Rates Apply
Gate Fee: No gate fees may be charged between 8:00 a.m through 5.00 p.m. Monday through Friday, excluding
State recognized holidays as listed in the Agreement.
An after hours gate fee may be charged at all other times. The gate fee shall not exceed fifty percent (50%) of the
flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal property
recovery that occur outside normal business hours (excluding lien fees, storage fees, taxes, or other additional
fees).
Non-tow service calls (out of gas, lockouts, and flat tires) shall not exceed one-half the flat rate charge for a light
duty truck response.
City of Fresno Administrative / Franchise Fees:
Vehicle Collision Blocking a Roadway $ 60.00
lllegally Parked / Abandoned Vehicle $116.00
Unlicensed Driver / Expired Registration $189.00
Arrested / Suspended Driver $266.00
DUI Driver $450.00
All fees listed on the DTS invoice will be receíved in the form of major credit card, debit card or cash. No
credit card fee will be charged pursuant to CVC section 22651.1 and CCC section 174A.1 .
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CITY OF FRESNO
NON-EXCLUSIVE FRANCHISE TOW AGREEMENT
FOR FRESNO POLICE DEPARTMENT
This Non-exclusive Franchise Tow Agreement (TSA) is entered into effect on the 28th day of December 2014 set
forth below, at Fresno, California, between the City of Fresno, a municipal corporation (City) and D&B Towing, a
California corporation (the Tow Operator).
This Agreement, including all attachments, contains rules and regulations that a tow company agrees to complywith in order to participate in the tow operations of the City of Fresno Police Department (FPô). participation in
the FPD Rotation Tow Program (Tow Program) is voluntary. Compliance with all of the terms and conditions of
the Agreement is mandatory for tow companies participating in the Tow Program. A Tow Operator, by agreeing
to participate in the Tow Program, is not acting as an agent for FPD or City when performing services'unãer this
Agreement.
1. Governinq Law and Venue
This Agreement shall be governed by, and construed enforced in accordance with, the laws of the State of
California excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venuefor purposes of the filing of any action regarding the enforcement or interpretation of this Ágreement and any
rights and duties hereunder shall be the County of Fres lo, California.
2. Entire Aqreement
This Agreement, its attachments and exhibits, when accepted by the Tow Operator either in writing or
commencement of performance hereunder, contains the entire Agreement between the parties with respect to
the matters herein, and there are no restrictions, promises, warranties or undertakings otlrer than those set forthherein. No exceptions, alternatives, substitutes or revisions are valid or binding oñ City unless authorized byCity in writing.
3. Amendments
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by theparties; no oral understanding or agreement not incorporated herein shall be binding on elther ofihe parties;
and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in
writing.
4. Assiqnment or Sub Gontractino
The terms, covenants, and conditions contained herein shall apply to the parties. Furthermore, neither theperformance of this Agreement nor any portion thereof may be assigned or subcontracted by Tow Operator
without the express written consent of City. Any attempt by Tow Operator to assign or -subcontråct
theperformance or any portion of this Agreement without the express written consent of Clty shall be invalid and
shall constitute a breach of this Agreement.
5. PatenUCopvriqht Materials/Proorietarv lnfrinqement
Unless othenrvise expressly provided in this Agreement, Tow Operator shall be solely responsible for obtaining alicense or other authorization to use any patented or copyrighted materials ¡h tne performance of thisAgreement. Tow Operator warrants that any Software as modified through services provided hereunder will notinfringe upon or violate any patent, proprietary right, or trade secret right of any third party. Tow Operator
agrees that, in accordance with the more specific requirement below, it shall indemnify, defénd anO nótO Cityand City lndemnitees harmless from any and all such claims and be responsible for payment of all costs,damages, penalties and expenses related to or arising from such claim(s), including,
-but not limited to,
attorney's fees, costs and expenses.
6. Non-Discrimination
ln the performance of this Agreement, Tow Operator agrees that it will comply with the requirements of section
1735 of the California Labor Code and not engage nor permit any Tow Operators to engage in discrimination in
employment of persons because of the race, religious creed, color, national origin, ancéstry, physical disability,
mental disability, medical condition, marital status, or sex of such persons. Tow Operator ãcknówledges that aviolation of this provision shall subject Tow Operator to all the penalties imposed for a violatioñ of anti-
discrimination law or regulation, including but not limited to, section 1720 etseq. of the California Labor Code.
-1
7. Termination
ln addition to any other remedies or rights it may have by law, City has the right to terminate this Agreement
without penalty immediately with cause and either party may terminate after thirly (30) days written notice
without cause, unless othenvise specified. Cause shall be defined as any breach of this Agreement or any
misrepresentation or fraud on the part of the Tow Operator. Exercise by City of its right to terminate the
Agreement shall relieve City of all further obligation.
8. Consent to Breach Not Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or
consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any
party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver
of, or excuse for any other different or subsequent breach
9. Remedies Not Exclusive
The remedies for breach set forth in this Agreement are cumulative as to one another and as to any other
provided by law, rather than exclusive; and the expression of certain remedies in this Agreement does not
preclude resort by either party to any other remedies provided by law.
10. lndependent Tow Operator
Tow Operator shall be considered an independent Tow Operator and neither Tow Operator, its employees nor
anyone working under Tow Operator shall be considered an agent or an employee of City. Neither Tow
Operator, its employees nor anyone working under Tow Operator, shall qualify for workers' compensation or
other fringe benefits of any kind through City.
11. Performance
Tow Operator shall perform all work under this Agreement, taking necessary steps and precautions to perform
the work to City's satisfaction. Tow Operator shall be responsible for the professional quality, technical
assurance, timely completion, and coordination of all documentation and other goods/services furnished by Tow
Operator under this Agreement. Tow Operator shall: perform all work diligently, carefully, and in a good and
workman-like manner; furnish all labor, supervision, machinery, equipment, materials, and supplies necessary
therefore; at its sole expense obtain and maintain all permits and licenses required by public authorities,
including those of City required in its governmental capacity, in connection with performance of the work; and, if
permitted to subcontract, be fully responsible for allwork performed by sub-Tow Operators.
12. lndemnification
A) Tow Operator shall indemnify, hold harmless and defend City and each of its officers, officials,
employees, agents and authorized volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to
personal injury, death at any time and property damage) incurred by City, Tow Operator, or any
other person, and from any and all claims, demands and actions in law or equity (including
attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of
performance of this Agreement. Tow Operator's obligations under the preceding sentence shall
apply regardless of whether City or any of its officers, officials, employees, agents or authorized
volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or
damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any
of its officers, officials, employees, agents or authorized volunteers.
B) lf Tow Operator should subcontract all or any portion of the work to be performed under this
Agreement, Tow Operator shall require each subcontractor to indemnify, hold harmless and defend
City and each of its officers, officials, employees, agents and authorized volunteers in accordance
with the terms of the preceding paragraph.
C) This section shall survive termination or expiration of this Agreement.
13. lnsurance
A) Throughout the life of this Agreement, Tow Operator shall pay for and maintain in full force and
effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted
by the California lnsurance Commissioner to do business in the State of California and rated not
less than "A-Vll" in Best's lnsurance Rating Guide, or (ii) authorized by City's Risk Manager. The
following policies of insurance are required:
2
1) COMMERCIAL GENERAL LIABILITY insurance which shall be on the most current version of
lnsurance Services Office (lSO) Commercial General Liability Coverage Form CG 00 01 and
include insurance for "bodily injury," "property damage" and "personal and advertising injury"
with coverage for premises and operations, products and completed operations, and
contractual liability (including, without limitation, indemnity obligations under the Agreement)
with limits of liability of not less than $1,000,000 per occurrence for bodily injury and property
damage, $1,000,000 per occurrence for personal and advertising injury and $2,000,000
aggregate for products and completed operations and $2,000,000 general aggregate.
2) GARAGEKEEPERS LEGAL LIABILITY insurance which shall include coverage for vehicles in
the care, custody, and control of the Tow Operator with limits of liability of not less than
$120,000 per occurrence for property damage.
3) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be on the most current
version of lnsurance Service Office (lSO) Business Auto Coverage Form CA 00 01, and
include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles
(Code 1- Any Auto) with limits of not less than $1,000,000 per accident for bodily injury and
property damage.
4) ON-HOOIICARGO insurance which shall include coverage for vehicles in tow with limits of
liability based on the size of the tow truck, which are as follows:
Class A/B tow truck... ...... ..$120,000
Class C tow truck. ... $200,000
Class D tow truck ... $300,000
WORKERS' COMPENSATION insurance as required under the California Labor Code and
EMPLOYERS' LIABILITY insurance with minimum limits of $1,000,000 each accident, $1,000,000
disease policy limit and $1,000,000 disease each employee.
Tow Operator shall be responsible for payment of any deductibles contained in any insurance
policies required hereunder and Tow Operator shall also be responsible for payment of any self-
insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate
of lnsurance and approved by the City's Risk Manager or his/her designee. At the option of the
City's Risk Manager, or his/her designee, either:
1) The insurer shall reduce or eliminate such deductibles or self-insured retention as
respects City, its officers, officials, employees, agents and volunteers; or
2) Tow Operation shall provide a financial guarantee, satisfactory to City's Risk Manager, or
his/her designee, guaranteeing payment of losses and related investigatrons, claim
administration and defense expenses. At no time shall City be responsible for the payment of
any deductibles or self-insured retentions
The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30)
calendar days written notice in favor of City of policy cancellation, change or reduction of coverage,
except for the Workers'Compensation policy which shall provide ten (10) calendar days written
notice of such cancellation, change or reduction of coverage. ln the event any policies are due to
expire during the term of this Agreement, Tow Operator shall provide a new certificate and all
applicable endorsements evidencing renewal of such policy prior to the expiration date of the
expiring policy(ies) to the Chief of Police, or his/her designee, and the City's Risk Division. Upon
issuance by the insurer, broker, or agent of a notice of cancellation, change or reduction in
coverage, Tow Operator shall file with the Chief of Police, or his/her designee, and the City's Risk
Division, a new certificate and all applicable endorsements for such policy(ies)
The General Liability, Automobile Liability and Garagekeepers Legal Liability insurance policies
shall be written on an occurrence form and shall name City, its officers, officials, agents, employees
and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Tow
Operator's insurance shall be primary with respect to the City, its officers, officials, employees,
agents and authorized volunteers with no contribution required of City. Any Workers' Compensation
insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents,
a)
b)
c)
5)
B)
c)
D)
3
employees and authorized volunteers. Tow Operator shall have furnished City with the certificate(s)
and applicable endorsements for ALL required insurance prior to City's execution of the Agreement
E) The fact that insurance is obtained by Tow Operator shall not be deemed to release or diminish the
liability of Tow Operator, including, without limitation, liability under the indemnity provisions of this
Agreement. City shall apply to all claims and liability regardless of whether any insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by Tow Operator. Approval or purchase of any insurance contracts or policies shall in no
way relieve from liability nor limit the liability of Tow Operator, its principals, officers, agents,
employees, persons under the supervision of Tow Operator, vendors, suppliers, invitees,
consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of
them.
F) Upon request of City, Tow Operator shall immediately furnish City with a complete copy of any
insurance policy required under this Agreement, including all endorsements, with said copy certified
by the underuvriter to be a true and correct copy of the original policy. This requirement shall survive
expiration or termination of this Agreement.
G) lf at any time during the life of the Agreement or any extension, Tow Operator fails to maintain the
required insurance in full force and effect, all work under this Agreement shall be discontinued
immediately until notice is received by City that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory to City.
Any failure to maintain the required insurance shall be sufficient cause for City to terminate this
Agreement.
H) lf Tow Operator should subcontract all or any portion of the work to be performed, Tow Operator
shall require each subcontractor to provide insurance protection in favor of the City, its officer,
officials, employees, agents and authorized volunteers in accordance with the terms of each of the
preceding paragraphs, except that the subcontractors certificates and endorsements shall be on file
with the Tow Operator and City prior to the commencement of any work by the subcontractor.
14. Bills and Liens
Tow Operator shall pay promptly all indebtedness for labor, materials, and equipment used in performance of
the work. Tow Operator shall not permit any lien or charge to attach to the work or the premises, but if any does
so attach, Tow Operator shall promptly procure its release and indemnify, defend, and hold City harmless and
be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related
thereto.
15. Ghanqe of Gontrol
Tow Operator agrees that if there is a change or transfer in ownership or control of the Tow Operator's business
prior to completion of this Agreement, unless such change or transfer is to "immediate family" as defined in
Fresno Municipal Code (FMC) section 3-101(e) and approved in writing by the Chief of Police, or his/her
designee, such change or transfer shall terminate this Agreement. This includes but is not limited to changes in:
Corporate Board Members, Managers, Directors, Treasurer, Trustees, or ownership interests. All changes or
transfers to "immediate family" must be approved by the Chief of Police, or his/her designee, prior to such
change or transfer in order for the Tow Operator to remain on the tow services list. Final written approval or
disapproval for the change or transfer in ownership or control will be given by the Chief of Police or his/her
designee. All "immediate family" members involved in the potential transfer and operation of the Tow Operator
shall be required to undergo a background check, review, and "Livescan" fingerprint screening. The "immediate
family" members involved in the change or transfer of ownership or control must also possess and keep current
all licensing certificates and insurance as required in this Agreement. The "immediate family" members who will
operate or othenvise be legally responsible for the Tow Operator will be required to execute a new TSA.
A) Tow Operator owners shall be directly involved in the day-to-day operations of their
business and shall not be directly involved in the towing-related business of any other tow
company on, or applicant for, the Tow Rotation List. Co-mingling of operations, business,
offices, board members, and finances is strictly prohibited.
B) lf terminated or suspended, Tow Operator and/or its owner at the time of the suspension or
termination, shall not be eligible for a rotation listing for the duration of the suspension or
termination. This section applies to the Tow Operator working in any capacity within any tow
4
business or operating any tow business and to the tow business even if operated under new
ownership.
C) Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow
Rotation List, excluding equipment which may be unavailable due to repairs or when there is a need
for equipment replacement and written approval is obtained from the Chief of Police or his/her
designee
16. Force Maieure
Tow Operator shall not be in breach of this Agreement caused by any act of God, war, civil disorder,
employment strike or other cause beyond its reasonable control, provided Tow Operator gives written notice of
the cause of the delay to City within thirty-six (36) hours of the start of the delay and Tow Operator avails itself of
any available remedies.
17. Gonfidentialitv
Tow Operator agrees to maintain the confidentiality of all City and City-related records and information pursuant
to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term
of this Agreement. All such records and information shall be considered confidential and kept confidential by
Tow Operator and Tow Operator's staff, agents and employees.
18. Compliance with Laws
Tow Operator represents and warrants that services to be provided under this Agreement shall fully comply, at
Tow Operator's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and
regulations, including, but not limited to those issued by City in its governmental capacity and all other laws
applicable to the services at the time services are provided to and accepted by City Tow Operator
acknowledges that City is relying on Tow Operator to ensure such compliance (collectively Laws). Tow Operator
agrees that it shall defend, indemnify and hold City and City lndemnitees harmless from all liability, damages,
costs, and expenses arising from or related to a violation of Laws.
19. Pricinq
The Agreement price shall include full compensation for providing all required services in accordance with the
Scope of Work attached to this Agreement, and no additional compensation will be allowed therefore, unless
otheruvise provided for in this Agreement. Tow Operator shall pay the City Franchise Fees as listed in
Attachment "8", or "City Administrative / Franchise Fees", in accordance with Paragraph 25 of Attachment "4".
20. Terms and Conditions
Tow Operator acknowledges that the undersigned has read and agrees to all terms and conditions included in
this Agreement.
21. Severabilitv
lf any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired or invalidated thereby.
22. Calendar Davs
Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless
otherwise expressly provided.
23. Attornev Fees
lf either party is required to commence any proceeding or legal action to enforce any term, covenant or condition
of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other
party its reasonable Attorney's fees and legal expenses.
24. lnterpretation
This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in
the matters dealt with in this Agreement ln addition, each party has been represented by experienced and
knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel
despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have
not been influenced to any extent whatsoever in executing this Agreement by any other party hereto or by any
person representing them, or both. Accordingly, any rule or law (including California Civil Code section 1654)or
legal decision that would require interpretation of any ambiguities in this Agreement against the party that has
5
drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable
manner to affect the purpose of the parties and this Agreement.
25. Authoritv
The parties to this Agreement represent and warrant that this Agreement has been duly authorized and
executed and constitute the legally binding obligation of their respective organization or entity, enforceable in
accordance with its terms
26. Emplovee Eliqibilitv Verification
Tow Operator warrants that it fully complies with all Federal and State statutes and regulations regarding the
employment of aliens and others and that all its employees performing work under this Agreement meet the
citizenship or alien status requirement set forth in Federal statutes and regulations. Tow Operator shall obtain,
from all employees performing work hereunder, all verification and other documentation of employment eligibility
status required by Federal or State statutes and regulations including, but not limited to, the lmmigration Reform
and ControlAct of 1986, 8 U.S.C. 51324 et seq., as they currently exist and as they may be hereafter amended.
Tow Operator shall retain all such documentation for all covered employees for the period prescribed by the law.
Tow Operator shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its
agents, officers, and employees from employer sanctions and any other liability which may be assessed against
Tow Operator or City or both in connection with any alleged violation of any Federal or State statutes or
regulations pertaining to the eligibility for employment of any persons performing work under this Agreement
27. Additional Terms and Gonditions
A) Term of Agreement: This Agreement shall commence on December 28, 2014, and shall be
effective for three (3) years from that date, unless otherwise terminated by City.
B) Fiscal Appropriations: This Agreement is subject to and contingent upon applicable budgetary
appropriations being made by the City for each year during the term of this Agreement. lf such
appropriations are not forthcoming, the Agreement will be terminated without penalty. Tow
Operator acknowledges that funding or portions of funding for this Agreement may also be
contingent upon the receipt of funds from, and/or appropriation of funds by City. lf such funding
and/or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate
or modify this Agreement without penalty.
C) Conflict of lnterest (Tow Operator): Tow Operator shall exercise reasonable care and diligence to
prevent any actions or conditions that result in a conflict with the best interest of City. This
obligation shall apply to Tow Operator, Tow Operator's employees, agents, relatives, and third
parties associated with accomplishing the work hereunder. Tow Operator's efforts shall include, but
not be limited to, establishing precautions to prevent its employees or agents from making,
receiving, providing, or offering gifts, entertainment, payments, loans, or other considerations which
could be deemed to appear to influence individuals to act contrary to the best interest of City.
D) Tow Operator Work Hours and Safety Standards: Tow Operator shall ensure compliance with all
safety and hourly requirements for employees, in accordance with federal, state, and City safety
and health regulations and laws.
E) Orderly Termination: Upon termination or other expiration of this Agreement, each party shall
promptly return to the other party all papers, materials, and other properties of the other held by
each for purposes of execution of the Agreement. ln addition, each party will assist the other Party
in orderly termination of this Agreement and the transfer of all aspects, tangible and intangible, as
may be necessary for the orderly, non-disruptive business continuation of each party.
F) Reprocurement Costs: ln the case of default by Tow Operator, City may procure the service from
other sources and, if the cost is higher, Tow Operator wrll be held responsible to pay City the
difference between the Agreement cost and the price paid City may make reasonable efforts to
obtain the prevailing market price at the time such services are rendered. This is in addition to any
other remedies available under law.
G) Authorization Warranty: Tow Operator represents and warrants that the person executing this
Agreement on behalf of and for Tow Operator is an authorized agent who has actual authority to
bind Tow Operator to each and every term, condition, and obligation of this Agreement and that all
requirements of Tow Operator have been fulfilled to provide such actual authority.
b
28.
H) Notices: Any and all notices permitted or required to be given hereunder shall be deemed duly
given (1) upon actualdelivery, if delivery is by hand; or (2) upon delivery by the United States mail if
delivery is by postage paid registered or certified return receipt requested mail; or (3) through
electronic means such as, email or the Dispatch & Tracking Solutions Software System (DTS).
l) Data - Title to: All materials, documents, data or information obtained from City data files or any
City medium furnished to Tow Operator in the performance of this Agreement will at all times remarn
the property of City. Such data or information may not be used or copied for direct or indirect use
by Tow Operator after completion or termination of this Agreement without the express written
consent of City. All materials, documents, data or information, including copies, must be returned to
City at the end of this Agreement.
J) Usage: No guarantee is given by City to Tow Operator regarding usage of this Agreement. Usage
figures, if provided, are approximate, based upon the last usage. Tow Operator agrees to supply
services and/or commodities requested, as needed by City, at prices listed in the Agreement,
regardless of quantity requested.
K) Tow Operator's Records: Tow Operator shall keep true and accurate accounts, records, books
and data which shall correctly reflect the business transacted by Tow Operator in accordance with
generally accepted accounting principles. These records shall be stored at the Tow Operators
principal place of business for a period of three (3) years after final payment is received by City
L) Audits/lnspections: Tow Operator agrees to permit City's authorized representative (including
auditors from a private auditing firm hired by City) access during normal working hours to all books,
accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose
of auditing or inspecting any aspect of performance under this Agreement. The inspection and/or
audit will be confined to those matters connected with the performance of the Agreement including,
but not limited to, the costs of administering the Agreement. City reserves the right to audit and
verify Tow Operator's records before or after final payment is made.
Tow Operator agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of records retention is stipulated under this Agreement or
by law. Tow Operator agrees to allow interviews of any employees or others who might reasonably
have information related to such records. Further, Tow Operator agrees to include a similar right to
City to audit records and interview staff of any sub-Tow Operator related to performance of this
Agreement.
M) Should Tow Operator cease to exist as a legal entity, Tow Operator's records pertaining to this
Agreement shall be forwarded to the Chief of Police or his/her designee.
Disputes-Aqreement
A) The Parties shall deal in good faith and attempt to resolve potential disputes informally.
1) Tow Operator shall submit to the Chief of Police, or his/her designee, a written demand for a
final decision regarding the disposition of any dispute between the parties arising under,
related to, or involving this Agreement, unless City, on its own initiative, has already rendered
such a fìnal decision.
2) Tow Operator's written demand shall be fully supported by factual information, and, if such
demand involves a cost adjustment to the Agreement, Tow Operator shall include with the
demand a written statement signed by a senior official indicating that the demand ìs made in
good faith, that the supporting data are accurate and complete, and that the amount
requested accurately reflects the Agreement adjustment for which Tow Operator believes City
is liable.
B) Pending the final resolution of any dispute arising under, related to, or involving this Agreement,
Tow Operator agrees to diligently proceed with the performance of this Agreement. Tow Operator's
failure to diligently proceed shall be considered a material breach of this Agreement.
C) Any final decision of City shall be expressly identified as such, shall be in writing, and shall be
signed by the City Hearing Administrative Officer, or Chief of Police, or his/her designee, as
applicable. lf City fails to render a decision within ninety (90) days after receipt of Tow Operator's
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demand, it shall be deemed a final decision adverse to Tow Operator's contentions. City's final
decision shall be conclusive and binding regarding the dispute unless Tow Operator commences
action in a court of competent jurisdiction.
29. Breach of Aqreement
The failure of the Tow Operator to comply with any of the provisions, covenants or conditions of this Agreement
shall be a material breach of this Agreement. ln such event the City may, and in addition to any other remedies
available at law, in equity, or otherwise specified in this Agreement, undertake any of the individual actions or
any combination of the following actions:
1) Afford the Tow Operator written notice of the breach and ten calendar days or such
shorter time that may be specified in this Agreement within which to cure the
breach;
2) Suspend and/or remove Tow Operator from the rotation;
3) Terminate the Agreement immediately, without any penalty.
The Parties hereto have executed this Agreement.
TOW OPERATOR:
Bv: -ff¡rk",^ L.6^^-_
printName: gcù.rûà t. IÈFßNàA
*lf a corporation or limited liability company, the document must be signed by two corporate officers. The first signature
must be either the Chairman of the Board, President, or any Vice President. The second signature must be the
secretary, an assistant secretary, the Chief Financial Officer, or any assistant treasurers. ln the alternative, a single
signature is acceptable when accompanied by a corporate document demonstrating the legal authority of the
signature to bind the company.
APPROVED AS TO FORM
DOUGLAS T. SLOAN
Date:
Date:By
City
ATTEST:
WONNE SPENCE, CMC
City
By:: Date:tzlzzltl
CITY OF FRESNO.
8
ATTACHMENT A
SCOPE OF WORK
1. Scope of Work
Tow Operator shall perform the towing, and storage of vehicles as directed by the City, and in addition, such
other services as provided in this Scope of Work, and shall provide necessary storage facility, tow vehicles,
labor, materials, equipment, machinery, and tools. The Tow Operator shall comply with all State laws and
regulations, applicable to tow units and impound, towing, storage, selling or junking of vehicles Tow operators
must follow all guidelines set forth by equipment manufactures recommendations as to their use and care of all
towing related equipment. All permits and licensing fees as specified under California Vehicle Code (CVC)
sections 34620 through 34624 shall be in fullforce and effect at alltimes during this Agreement. Any violation of
this section will be considered a material breach of the Agreement and may result in immediate termination of
this Agreement.
2. Towinq Services and Duties
It shall be the duty of the Tow Operator, when so directed by the City, to provide prompt tow service for vehicles
which are taken into custody by the City. This includes vehicles involved in collisions or disabled by any other
cause, abandoned in public places or on private property. Vehicles impounded for evidence, impeding the flow
of traffic, or which for any other reason, are within the jurisdiction of the FPD. As required by law, Tow
Operators are to remove from the street all debris resulting from said collisions and to clean the immediate area
of such street (CVC section 27700(a)(1)). lt shall also be the duty to provide for the safety and security of those
vehicles and the contents thereof. These duties are inherent to the job and are to be included in the price of the
basic tow bill.
The tow truck operator shall provide a business card to the registered owner or driver for the vehicle being
towed. The business card shall contain the name, address and phone number of the tow company as well as
the link to the vehicle search system in DTS as follows: www.findmytow.com
Tow truck operators and/or drivers will not be permitted to drive an impounded or recovered stolen vehicle or
vehicle intended for storage from a FPD rotation call or special operation. Any exceptions must be at the
direction of the FPD officer in charge of the scene and should be limited to repositioning the vehicle to allow for
towing.
The City has designated two (2) tow companies for evidence impound tows and no other rotation tow company
shall maintain custody over these vehicles at any time. lf an officer impounds a vehicle for evidence and a non-
preference rotational tow is dispatched, it is the responsibility of the tow driver to verify with the officer on scene
as to whether a vehicle is to be held for evidence lf it is determined that the vehicle is to be held for evidence,
the tow driver must immediately notify the officer on scene that the company is not authorized to handle
evidence impounds and an evidence tow company shall be dispatched. Tow Operator shall then contact the
Tow Unit on the same business day, or within the next business day if such tow occurs after regular business
hours. Acceptance of an evidence tow by a non-designated evidence tow company will result in disciplinary
action and full financial responsibility for all tow and storage fees for each violation.
lf terminated or suspended, Tow Operator and/or owner at the time of the suspension or termination, shall not
be eligible for a rotation listing for the duration of the suspension or termination. This provision applies to the
Tow Operator working in any capacity within any tow business or operating any tow business and to the tow
business even if operated under new ownership.
Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow Rotation List,
excluding equipment which may be unavailable due to repairs or when there is a need for equipment
replacement and written notice has been obtained from FPD.
3. SpecialOperations
FPD conducts special operations coordinated through the Traffic Bureau throughout the year that requires tow
companies at the location of the special operation. Tow companies on the Tow Rotation List that are in good
standing with FPD may be invited to participate in these operations, provided they are willing to remain with the
special operation until its conclusion and forfeit any rotational tow calls (FPD, California Highway Patrol, or
other) received during the duration of the operation. "Good standing" shall mean that Tow Operator has not
violated, or is not in violation of the terms of this Agreement, the provisions of the FMC, State, or Federal law.
All special operations tows will be subject to the provisions of this Agreement. Tow Operator shall respond to a
I
special operation with a flatbed tow truck with the capability of towing (2) vehicles. No ride alongs will be allowed
on any special operations unless the ride along is the Tow Owner or a Tow Driver who is in training and has
been approved by FPD.
4. Siqnaqe and hours of Operation
The storage yard or business office shall have a sign that clearly identifies it to the public as a towing service.
The sign shall have letters that are clearly visible to the public from the street and must be visible at night. All
storage facilities must be accessible to City personnel twenty-four (24) hours per day and seven (7) days per
week. The Tow Operator will provide customer service twenty-four (24) hours per day and seven (7) days per
week for the release of vehicles.
Tow Operator shall provide at least one person at a call station to respond and release vehicles within thirty (30)
minutes. Tow Operator shall maintain all signage required pursuant to CVC sections 22850.3 and 22651.07
and include an after-hours contact phone number for Tow Operator.
5. Response Time
Tow Operator shall respond to calls twenty-four (24) hours a day, seven (7) days a week, within the maximum
response time limits as established by the Chief of Police or his/her designee. A reasonable response time is
thirty (30) minutes or less, except during peak hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p m ,
(Monday through Friday), when the required response time will be extended to forty-five (45) minutes or less.
Tow Operator shall respond with a tow truck of the class required to tow the vehicle specified by the DTS
System.
6. Non-Resoonse
The Tow Operator shall update the DTS System at the time of dispatch to a tow rotation request. lf the Tow
Operator is either unable to respond or unable to meet the maximum response time, the tow operator shall
immediately update the DTS System accordingly. lf, after accepting the call, the Tow Operator is unable to
respond or will be delayed in responding, the Tow Operator shall immediately update the DTS system
accordingly.
To decline or refuse to respond will be considered a non-response. Each non-response will be immediately
documented in the DTS System. Each non-response will be logged by the DTS System and reviewed by the
City. lf the fault for the non-response is attributed to other than the Tow Operator, the Tow Operator will be
placed back in the rotational list and called at the next opportunity in line.
One such breach, determined to be the fault of the Tow Operator, will be grounds for written reprimand which
may be subsequent to a meeting between the Tow Operator and the City. A second breach may be grounds for
a (30) thirty-day suspension of this Agreement. A third violation will be considered a material breach of the
Agreement and may result in immediate termination of this Agreement.
ln the case of suspension or termination, all vehicles then in storage at the time of the suspension or termination
remain protected under this Agreement as City's impounds and the Tow Operator is so bound. The City will
have the option to remove and/or transfer stored vehicles.
When a Tow Operator will be temporarily unavailable to provide services due to preplanned/scheduled activity,
such as a vacation, maintenance, medical leave, etc., the Tow Operator will notify City in writing via the DTS
system at least forty-eight (48) hours in advance. City reserves the right to deny these requests to maintain
adequate service levels for tow operations. Failure to notify the City will be considered a non-response and a
material breach of this agreement
7. StoraqeResponsibilities
It shall be the duty of the Tow Operator to provide impound and other storage service for all vehicles as directed
by the City. The Tow Operator shall be responsible for all vehicles, accessories and equipment thereon and all
personal property therein stored by Tow Operator. lt shall be the Tow Operators' duty to protect such stored
vehicles, accessories, equipment, and property against all loss or damage by fire, theft or other causes. The
Tow Operator will have available for review by City personnel, all permits and proof of compliance to all local
zoning, special use, conditional use and special requirements, laws and regulation. lt is the responsibility of the
Tow Operator to ensure vehicles are stored in a secured facility.
8. Size and Location of Storaqe Facilitv
The tow yard shall be located within the City of Fresno's "Metropolitan Area." Metropolitan area is defined as
within the borders of Copper Avenue to the north, American Avenue to the south, DeWolf Avenue to the east,
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and Chateau Fresno to the west. Tow Operator shall be responsible for the security of vehicles and property at
the place of storage. At a minimum, a six (6) foot fence or enclosed secured area is required for outside
storage A minimum of 5,000 square feet, or room for twenty (20) vehicles, shall be provided. All tow yards
located with the City of Fresno shall be in compliance with the FMC, current Directors Class #208 and shall
follow the current Development and Resource Management Department's Policy and Procedure C-002 lf the
tow facility is located outside the City of Fresno, the tow operator is required to provide written proof that the
yard is in compliance with the authorizing jurisdiction. Tow Operator is responsible for the reasonable care,
custody, and control of any property contained in towed or stored vehicles. The storage facility and business
office will be located at the primary storage yard and shall be maintained in a functional, clean and orderly
fashion. The facility shall have a telephone, on-site fax machine and the necessary computer equipment to
properly run DTS soflware and to send and receive email.
ln the event of criminal activity at a storage facility, the City may require the Tow Operator to take measures to
assist in preventing such crimes. These measures could include, but are not limited to: the yard being
illuminated during darkness, with security type lighting, to such a degree that visual observation of the entire
yard may be accomplished at all times, improved fencing and/or security patrols.
All vehicles stored or impounded as a result of a tow ordered by the City shall be towed directly to a towing
service storage lot unless the City, or in the case of a citizen's assist, a person legally in charge of the vehicle,
requests that it be taken to some other location.
All vehicles towed as a result of action taken by the City will be stored at the Tow Operator's principal place of
business unless directed othen¡vise by the City's Tow Coordinator. Vehicles stored at an auxiliary storage facility
will be considered a breach of this Agreement. The Tow Operator shall not remove personal property from a
stored vehicle. lf the registered owner removes personal property from a stored vehicle, the Tow Operator will
maintain documentation of such and will require a signed receipt from the registered owner for property
released. The Tow Operator shall immediately notify the City if any contraband, weapons or hazardous
materials are found in the vehicle(s).
9. Enclosed Facilitv
The Tow Operator may maintain, without charge to the City or any other person, separate and enclosed garage
facilities no less than 1,000 square feet of clean working space. The facility must be constructed to include a
roof and at least four walls of substantial design to withstand the elements and protect the vehicles from the
weather. The facility should have a concrete floor and sufficient lighting. This inside facility must be located at
the Tow Operator's primary storage yard. This inside facility is not required to qualify for the City's rotation,
however, when inside storage is requested for a particular vehicle, the next Tow Operator in line meeting the
needs of the City's request will be used.
10. DTS Requirements
Tow Operator shall utilize the most recent, updated and upgraded DTS software program, to dispatch and track,
via a web-based lnternet connection. Tow Operators will be required to enter the towed vehicle information as
instructed by the City. At no time will a vehicle be released, subject to lien, or junked from impound without all
required data fields being entered into the DTS system by the Tow Operator. The Tow Operator shall clearly
identify and enter into DTS the name of the person to whom the vehicle was actually released All City tow
requests shall be made utilizing this program. Failure at any time to have the DTS program in full operation shall
cause the immediate removal of the Tow Operator from the tow rotation and be grounds for immediate
termination by City. Tow Operator must enter into a separate agreement, or license for the DTS software
program with the owner of that proprietary software. The City shall not provide the DTS software program, any
licensing or sub-licensing thereof or any intermediary services for the procurement by Tow Operator of the DTS
software program. This Agreement shall not be executed by the City until Tow Operator has demonstrated to
the City's satisfaction compliance with the requirements set forth herein. Tow Operator shall be liable for all
fees, charges, prices, rates and service charges required from DTS. DTS shall be utilized in "real time" and all
entries should reflect as such. lnvoices shall be used from DTS when releasing vehicles and be pursuant to
section 22651 07 of the CVC. The only Tow Operator personnel authorized to utilize and access DTS are those
that have fully complied with the provisions set forth in Section 12, "Tow Operator Personnel" of this Agreement.
lf the Tow Operator is not in FULL compliance with the above stated requirement, the Tow Operator will be
removed from the City towing rotation. ln the event that DTS fails to provide software services, or the City elects
to utilize a new software provider, the Tow Operator will be required to use the replacement towing software
system. lf that occurs, all references to DTS in this Agreement shall instead be interpreted as references to the
new software program.
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1'1. Official Notification bv Citv Reqardinq Tow
Official notification by City regarding tow services is considered any form of written, email, verbal instructions or
notifications received from an authorized City employee or electronic notice from the DTS program. lf the Tow
Operator receives verbal instructions or notifications from a City employee the Tow Operator must respond to
City, by 5:00 p.m. (PST) on the next business day.
12. Tow Operator Personnel
A.) Conduct
The Tow Operator shall perform the services required of it in an ethical, orderly manner, endeavoring to
obtain and keep the confidence of the public. At no time will the Tow Operator or its agent or any
employee of the Tow Operator exhibit any of the following behavior: rudeness, or otherwise being
uncooperative, argumentative, threatening, incompetent or acting in a dangerous manner with any City
employee, or with any member of the public. The City reserves the right to cancel an individual tow
assignment, if in the opinion of the City, the Tow Operator is acting in a rude, uncooperative,
argumentative, threatening, incompetent or dangerous manner. The City also reserves the right to cancel
an individual tow assignment if in the opinion of the City the Tow Operator is likely to damage the vehicle
for which the tow service was called. Other examples of unacceptable behavior include but are not limitedto: profanity, abusive language, disconnecting telephone calls for public inquiries regarding a tow,
threatening, aggressive, or assertive language, failure to provide timely information or documents in
response to a public or City inquiry, lack of respect to any City personnel or member of the public,
destruction or damaging of evidence, failure to comply with the reasonable request of a member of the
public, failure to release vehicle in a timely manner, failure to make appointment for release of vehicle
during evening or weekend hours, failure to promptly be on site at time of appointment for release of
vehicle during evening or weekend hours, impeding an investigation or any other conduct which the City
deems unprofessional.
lf the Tow Operator is found to be in violation of this conduct clause, the City will cancel the Tow Operator
and request the next Tow Operator in rotation. Any such behavior as set forth above shall be considered
a material breach of this Agreement and may be grounds for immediate suspension or immediate
termination by the City, without penalty
B.) PersonnelAppearance
Tow Operators shall be required to furnish their employees with a distinctive company uniform. Each
uniform shall have the firm's name, as well as the employee's name, in a conspicuous place. The tow
company's name and driver's first name shall be clearly visible at all times, meanrng that protective or
inclement weather outer garments must meet this standard. Each employee shall have sufficient uniforms
so as to maintain a neat, clean appearance at all times. Minimum requirements for uniforms include a
shirt, long pants, and appropriate safety shoes. All drivers shall be in uniform before any towing or service
operation begins. No wording, designs, photos, gestures, or anything that could be considered offensive
or obscene to the general public shall be displayed by the Tow Operators or on any part of the uniform.
Dress standards are required in order to project a professional and positive image to the public.
All employees must be neat, clean and well groomed in appearance. ln order to ensure a professional
appearance, all tattoos must be concealed by operators while working. Personnel will be required to
conceal any tattoos with gloves, collars, long sleeves, or by other means acceptable to the City. Facial
tattoos of any variety are not permitted. No facial piercings shall be worn while on duty.
Drivers shall wear safety vests or reflectorized clothing that conforms to Occupational Safety and Health
Administration (OSHA) requirements. Alternatively, the OSHA safety requirements may be incorporated
into the uniform, jacket, or rain gear, as long as these items are worn as the outermost garment.
C.) UnlawfulActivity
The Tow Operator or it's employees shall not be involved, nor shall the Tow Operator or its employees
become involved in any agreement or activity whether verbal, written or conveyed in any other manner,
any activity or business venture which may be construed as unlawful. lf the City deems the involvement
to be unlawful, the City may immediately terminate this Agreement.
The Tow Operator shall not provide any direct or indirect commission, gift or any compensation to any
person or public or private entity, in consideration of arranging or requesting the services of a tow truck as
provided in section 12110 of the CVC.
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No Tow Operator will be involved or solicit any compensation of any kind including but not limited to
involvement with any other company or business that might result in income or consideration as a result of
any activity initiated by the City.
An example of such a prohibited involvement could include but is not limited to: financial reimbursement
by auto-body repair business for referrals, or towing directly from the scene of a collision to the auto-body
shop without prior unsolicited approval or request by the registered owner, driver or insurance company
representative of the damaged vehicle; kickback to or from a security company or homeowner's
association for "finding" or towing a vehicle from a location, whether private property, public, off street
parking facility or a public roadway. Violation of this provision shall be grounds for immediate termination
by City, without penalty.
D.) Personnel Licenses
Tow Operators providing services under this Agreement, including tow truck drivers, dispatchers and other
office personnel, will have sufficient knowledge, experience and capability to ensure safe and proper
discharge of their service responsibilities. lt will be the responsibility of the Tow Operator to ensure that all
of its personnel will be properly licensed in accordance with sections 12500, 12520, and 12804.9 of the
CVC. All tow truck drivers and tow truck operators shall be enrolled in the "Pull Notice" program as defined
in CVC section1808.l et seq.. Drivers must complete a CHP approved Tow Operator Course every five
(5) years and copies of completion of the course shall be sent to the City. All Tow Operators and
personnel shall have no criminal record which would preclude them from being placed in a position of trust
while in the service of a law enforcement agency or any crime listed below under the heading of "Criminal
Record."
E.) Fingerprints
All owners and employees who have not previously submitted their "LiveScan" fingerprint samples shall
submit their "LiveScan" fingerprint samples, at their own expense, through the City prior to being awarded
this Agreement, for the purposes of verifying their criminal history with the Department of Justice.
Failure to provide information regarding the identity of the owner, employee, or anyone else with a
financial interest in the Tow Operator will result in termination of this Agreement. The Tow Operator will
provide the City with information regarding any change in employee status immediately and update DTS
to reflect such changes. Failure to comply may result in further disciplinary action, and will be considered
a breach of this Agreement.
After execution of this Agreement, no person shall be employed by the Tow Operator or perform any
service under this Agreement until the background record check and "LiveScan" is completed and
approved by the City and said employee has received their identification badge from the City.
Notwithstanding the foregoing, Tow Operators and owners that have towed for the City under the previous
Tow Service Agreement and have completed a new background and "LiveScan" check will be allowed to
continue to tow for the City until such time as the results of the background and "LiveScan" submissions
are reviewed and approved by the City.
Any employee of the Tow Operator that has left employment with said Tow Operator and returned and
been rehired must complete an additional background check before performing services pursuant to this
Agreement
F.) Criminal Record
A conviction of anyone with a financial interest in the Tow Operator, or any employee of the Tow Operator,
including but not limited to any of the following offenses, may be cause for denial of application or
termination of this Agreement:
. Any crimes listed in California Penal Code section 290¡ DU|-Within 5 years of the Date of Fingerprintingo Vehicle theft. Fraud. Stolen Property. Crimes of Violence. Any felony crime relating to narcotrcs or any controlled substance. Any other crimes enumerated in CVC section 2432.3
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. Actively on parole or on any form of probation
. Crime of moral turpitude
. Sex, Arson, Narcotics Registrant. Other felony conviction
The City is not required to provide any reason, rationale or factual information in the event it elects to deny
application or remove any of Tow Operator's personnel from providing seruices for the City under this
Agreement. Tow driver or employee applicants denied under this section may appeal to the Chief of
Police or his/her designee. All decisions by the Chief of Police, or his/her designee, are final
ln the event the Tow Operator or employee is convicted or is under investigation, the Tow Operator may
be given the opportunity to replace that employee without prejudice to the Agreement. Nothing shall
prohibit the City from removing, suspending or terminating the Agreement. lt will be the responsibility of
the Tow Operator to provide the City with updated information regarding any illegal activity, arrest(s) or
conviction of any Tow Operator and/or employee. For the purpose of this section, any conviction or plea
of guilty or nolo contendre, even to any lesser-included offense, are considered convictions. Failure to
provide information regarding the identity of the employee, or anyone else with a financial interest in the
Tow Operator will result in termination of the Agreement. Failure to provide information to the City of any
information regarding the conviction of any of the above crimes may also result in termination of the
Agreement.
G.) ldentificationBadges
Each tow truck driver or employee of the Tow Operator shall wear, in plain view an identification badge,
authorized and issued by the City to that employee, while on any call for service where the City is
involved. lf a tow truck driver responds to a scene without his authorized name badge, the tow truck
driver will be dismissed from the scene and the next Tow Operator in rotation will be called. Failure to
carry an identification badge will be considered a violation as stated in Section 3'1, "Disciplinary Action," of
this Agreement. The purpose of these badges will be to identify those employees of the Tow Operator
who have been fingerprinted by the City and have passed the record check by the Department of Justice.
All identification badges are the property of the City and will be returned by the Tow Operator to the City
within forty-eight (48) hours of an employee's separation. Tow Operator will provide a current list of all
staff including drivers, dispatchers, etc. Anytime there are any changes to this list, the City is to be notified
by the next business day and provided with an updated and current list.
13. Tow Operator Licensinq and Gertification
All licensing and certifications required by Federal, State and local authorities shall be maintained current and
valid at all times as required in CVC sections: 34507.5,34600 et seq, 34620, and 12111, and sections 7231 et
seq, of the California Revenue and Taxation code. Failure to have any required license or certification, including
any driver who fails to have an appropriate class of license, may be grounds for immediate termination by City
without penalty.
'14. lnspection
All real property and improvements thereon, and all vehicle facilities, equipment and materials used by the Tow
Operator in the performance of the services required herein shall be open to inspection by the City or its
authorized representative, and will be subject to no less than one annual inspection Additional inspections may
be conducted without notice during normal business hours. lnspections may include, but are not limited to, all
books, accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose of auditing
or inspecting any aspect of performance directly related to this Agreement. ln the event that the City determines
that the real property and improvements thereon are insufficient, derelict or fail to meet the requirements as
called out in this Agreement, this Agreement may be terminated by City immediately, without penalty.
15. Vehicle and Equioment Requirements
Tow vehicles will be maintained in compliance with sections 24605, 25253, 25300, 27700 and 27907 of the
CVC. Tow vehicles will be of at least 14,000 lbs. GVWR with dual rear wheels, with the ability to tow two (2)
vehicles, or a vehicle and/or a trailer. Tow vehicles must have two-way communication capabilities and the
ability to communicate and connect with the DTS System at all times. The Tow Operator shall have equipment
capable of towing from off-road areas, towing from underground facilities, and recovery services with an
adjustable boom with at least five tons of lifting capacity. ln addition to the conventional wheel lift towing
capabilities, the Tow Operator shall maintain at least one or more flatbed or rollback trucks with a minimum of
fifty (50) feet of cable, and the required safety equipment. Unless othenvise specified by the City, all Tow
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Operators shall respond to a tow seruice request with a flatbed or rollback truck as specified above. At the
discretion of the tow operator, a wrecker may be used to respond to a tow service request. lf for any reason the
Tow Operator is unable to complete the tow service request with the wrecker, the Tow Operator will not be
placed back on the top of the rotation list and a new Tow Operator will receive the tow service request.
A 3-axle or 25-ton truck is not required equipment. However, Tow Operators that possess this equipment will be
placed on a heavy-duty tow rotation list.
All trucks must have the required emergency lighting, portable stop and tail lamps, a broom, shovel, fire
extinguisher (rating 4-8, C), a utility light, reflective triangles, a large pry-bar, covered trash cans with approved
absorbent, rags, unlocking equipment, dollies (boom trucks), chains, and/or tie downs.
Wheel lift trucks will maintain at least 100 feet of cable and all safety equipment as required by the
manufacturer.
Tow vehicles must have a cable winch of sufficient size and capacity to retrieve vehicles that have gone off
traveled portions of roadways into inundated areas or other inaccessible locations. Winches must have visible
lD tags designating the model, make, serial number, and rated capacity.
All tow trucks used in City tows will be subject to a yearly inspection. This does not preclude the City from
conducting random inspections throughout the year.
16. Vehicleldentification
Tow vehicles shall display identification signs in compliance with section 27907 of the CVC. The Tow Operator
shall not display any sign or advertising material that indicates that his tow vehicles are an official police service
of the City.
17. Charqes and Fees to be collected from Reqistered Owners
All rates and charges shall be conspicuously posted in the office and in all tow vehicles. These rates shall quote
complete charges and fees with no additional fees to be added at a later date. These rates will be available for
review by City personnel and/or the person for whom tow service is provided. All fees collected shall be itemized
and invoiced in DTS in accordance to section 22651.07 of the CVC. lt will be the Tow Operator's responsibility
to collect his bill for service, and the City will not be responsible in any way for these charges. Storage fees will
be calculated on the calendar day except the first 24-hours which is counted as a single day in accordance with
California Civil Code (CCC) 3068.1 (see Attachment B). All fees listed on the DTS invoice will be received in the
form of major credit card, debit card, or cash. All fees collected, both City and Tow Operator fees, must be
invoiced through the DTS system prior to release and at the time of payment. No credit card fees will be
charged pursuant to CVC section 22651.1 and CCC section 1748.1 for any portion of the fees. The City
reserves the right to change all payment methods during the term of this agreement.
18. Lien Fees
At no time shall the City be charged a lien fee on a towed or impounded vehicle. No lien shall be attached to
any vehicle that has been impounded by the City until after seventy-two (72) hours from the time of storage as
listed in the DTS system have passed pursuant to section 22851.12of the CVC. All lien transactions must be
entered into the DTS system by Tow Operator. Vehicles sold at lien sale shall abide by all laws relating to lien
sales. A vehicle held in impound by the City for thirty (30) days, shall not be sold at lien until such time as is
considered reasonable to allow the registered owner time to pay for and pick up the vehicle before it is sold at
lien, but under no circumstances before the thirty-fifth (35'n) day after storage.
The Tow Operator shall abide by all applicable statutes and ordinances concerning disposal of unclaimed
vehicles, including but not necessarily limited to CVC sections 22670; 22851', 22851.1; 22851.2', 228513:
22851.4, 22851.6; 22851.8; 22851.10, 22851.12 and 22852.5.
As described in CVC section 22856, liability for despoliation of evidence shall not arise against the Tow
Operator that sells any vehicle at, or disposes of any vehicle after, a lien sale, as long as the Tow Operator can
show written proof that he was notified in writing by the City that the vehicle would not be needed as evidence in
a legal action. This proof may exist in the form of an official release in the DTS System or any other written
conveyance signed by a member of the City prior to the official, written release of the vehicle.
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19. Reasonableness and Validitv of Fees
Fees charged to the registered owner or any other person for response to calls originating from the City shall be
reasonable and not in excess of those rates charged for similar services provided in response to requests
initiated by any other public agency or private person. During the term of this agreement, the City shall conduct
an annual review each December of towing and storage fees of comparable cities and adjust rates set forth in
Attachment B by the first week of January of the following year.
20. Towinq Operation
All tows performed under this Agreement will be included in the flat rate charge as described in Attachment B.
No additional charges shall be charged without prior approval from the City and written notice is provided in the
DTS System. Any unapproved charges received outside the DTS System will result in immediate termination of
this Agreement and removal from the rotation list.
The Tow Operator shall base towing charges upon the class of vehicle being towed regardless of the class of
the truck used, except when vehicle recovery operations require a larger class truck. The Tow Operator may
refer to the tow truck classes and weight ratings as defined by the Towing & Recovery Association of America
(TRAA) vehicle identification guide.
21. Service Call Rotation and Fees
The City shall establish a separate rotation list for Tow Operators willing to respond to service requests (out of
gas, lockouts, tire changes, etc. ) Rates for a service requests shall not exceed one-half the flat rate charge for a
light duty truck response.
22. Gate Fees
No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding State
recognized holidays as listed below:
New Year's Day
Martin Luther King Day
Presidents'Day
Cesar Chavez Day
Memorial Day
lndependence Day
Labor Day
Veterans'Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
An after hours gate fee may be charged at all other times. The gate fee is not to exceed fifty percent (50%) of
the flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal
property recovery that occurs outside normal business hours (excluding lien fees, storage fees, taxes, or other
additional fees.) The Tow Operator is responsible for assuring that proper gate fees are charged in accordance
with this section. Over charging gate fees will be considered a major violation as outlined in Section 30.
All towing and storage fees charged by the Tow Operator are the responsibility of the vehicle's owner and are
not the responsibility of the City. The exception would be evidentiary impounds made at the direction of City
personnel.
23. Cancelled Tow
The City shall not be liable to pay the Tow Operator or anyone else any charge or other fee for a call that does
not result in a chargeable service being rendered by Tow Operator ("Dry Run"). The cancelled Tow Operator
shall be placed back on the top of the rotation list and will receive the next tow in rotation.
24. Towed in Error
ln the event the City determines that an error has occurred in impounding a vehicle, it shall be immediately
released to the registered owner without charge and the Tow Operator will be placed back on the top of the
rotation list and will receive the next tow in rotation. ln addition, the Tow Operator will be given one extra tows
on the rotation list. Additional extra tows may be given at the discretion of the Tow Unit.
25. Release Fees
California law authorizes the recovery of funds required to enforce certain provisions of the CVC and promote
traffic safety on public roadways. This authorization falls under CVC section 22850.5 and further authorized by
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City resolutions. These resolutions are open to public view at the City and/or City offices and are on file with the
City's Traffic Bureau. The Tow Operator will collect fees on the behalf of the City from the registered owner,
legal owner or agent of an impounded car.
A City administrative / franchise fee will be charged for the release of a vehicle that has been impounded by the
City. Fees will be established by an independent consulting firm to determine the City's costs associated with
impounding vehicles in accordance with CVC sections 22850.5 and 12110(b). All vehicles impounded will be
charged an administrative / franchise fee for the release of the vehicle. This fee will be established and attached
to each vehicle in the DTS System. The City's administrative fees will be collected at the time of the release by
the Tow Operator. The Tow Operator will pay the City's franchise fees equivalent to the City's administrative
fees for every vehicle that is not picked up by the owner or agent. The Tow Operator will pay the City's
administrative / franchise fees for every.City vehicle that was towed during the preceding month and will pay the
City no later than 12:00 p.m. on the 15"'of the following month, regardless of the disposition of the vehicle. ln
the event that the 15'n of the month falls on one of the State recognized holidays listed in Section 22 above, or a
weekend, the City's administrative/franchise fee must be paid by 12:00 p.m. on the following business day. Tow
Operators who fail to submit the City's administrative / franchise fees to the City by the 15'h day of each month
will be immediately suspended from rotation until all fees are received, and will be subject to appropriate
disciplinary action and civil recourse. The City will keep a strict accounting of these fees through the DTS
System and frequent audits will take place to ensure accurate and timely payment of collected City
administrative / franchise fees. The fee will be listed as an item on the owner's / agent's DTS contractor invoice.
26. UnauthorizedRelease
Unauthorized release of an impounded vehicle, accidental or othen¡vise, having evidentiary value, not officially
released by the City, and determined to be the fault of the Tow Operator, will result in the issuance of a major
violation as set forth in this Agreement. The determination of such fault will be the responsibility of the City.
27. Release of Multi-Dav lmpounds
A vehicle impounded with a multiple day hold may only be released prior to the impound period with written
authorization by the City in the DTS System. The DTS System will automatically schedule the release of an
impounded vehicle.
28. Release of Vehicles
Vehicles may only be released through the DTS System. Once the DTS System authorizes the release of a
stored or impounded vehicle, it is the Tow Operator's responsibility for the vehicle's release. The Tow Operator
is hereby granted authority to release to the registered owner, legal owner, or authorized representative,
pursuant to section 22850.3 of the CVC. At the time of release, the Tow Operator shall have the registered
owner, legal owner, or authorized representative taking possession of the vehicle sign a release indicating that
they are properly licensed and insured to drive a motor vehicle.
29. DisciolinarvAction
The Chief of Police, or his/her designee, shall take disciplinary action against Tow Operators for violations
investigated and sustained. Unless otherwise noted, the Chief of Police, or his/her designee, will determine the
period of suspension and shall retain discretion regarding the length of any suspension imposed pursuant to the
terms and conditions of this Agreement. The City shall retain record of violations for at least the term of this
Agreement.
30. Maior violations
Major violations include any chargeable offense under Federal, State, Local Law and significant violations of this
Agreement. Such violations shall result in suspension or immediate termination of this Agreement. The Chief of
Police, or his/her designee, reserves the right to impose longer periods of suspensions or immediate
termination, if deemed appropriate in his/her sole discretion. The Chief of Police, or his/her designee, reserves
the right to remove a Tow Operator from the tow rotation during the investigation of a major violation A
reinstatement from suspension for a major violation will result in a five hundred dollar ($500.00) fee. Suspension
will not be lifted until the reinstatement fee is received by the Chief of Police or his/her designee. ln addition, a
major violation may also result in the Tow Operator's employee being removed from participation in this
Agreement. Examples of major violations include, but are not limited to:
. Physical assault, against public and/or law enforcement. Verbal abuse against public and/or law enforcement. Resisting arrest. Tow Truck Driver under the influence of alcohol or illegal drugs
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. Charging rates that exceed those listed in Attachment B
. Vehicle released without authorization
. Unauthorized access to storage yard
. Theft
o Mishandling of vehicles stored as evidence
. Unauthorized driver responding to call
. Failure to provide information or change of status on any Tow Operator employee or staff
. Substantiated private party impound complaints
. Any Felony/Misdemeanor arrest
. Refusalto take a rotational tow
. Failure to utilize the DTS System for all City towing related matters
. Repeated late or nonpayment of City franchise fees
. Failure to properly secure storage yard
. Failure to obey a lawful order by law enforcement
31. Minor violations
Minor violations will be given to the Tow Operator in the form of a documented warning for the first violation. The
second violation will be in the form of a documented reprimanded and a one hundred dollar ($100.00) fine.
Repeated minor violations during the term of the Agreement may be treated as a major violation, and the Tow
Operator will be suspended or terminated from this Agreement. A reinstatement from suspension will result in a
five hundred dollar ($500.00) fee. Suspension will not be lifted until the reinstatement fee is received by the
Chief of Police or his/her designee. Examples of minor violations include, but are not limited to:
. Late payment of City franchise fees
. Tow truck drivers not wearing City issued I D. cards/ proper uniform
. Unauthorized arrival time in excess of thirty (30) minutes, or forty-five (45) minutes during peak hours
. Repeated rejection of dispatched calls
. Other violations of this Agreement not considered a major violation by the Chief of Police or his/her
designee¡ Unauthorizedride-a-long. Failure to respond to customers' needs
. Failure to maintain proper equipment
. Failure to clean up at a collision scene
. Vehicle code infractions
32. Hearinq/Aopeal
Tow Operator must have a legal existing interest in the tow operation or entitlement subject to the City order,
citation, decision or determination to have standing to appeal a decision by the Chief of Police or his/her
designee. An appealthat fails to identify the appellant's standing may be rejected as defective.
ln the event FPD serves Tow Operator with disciplinary actron amounting to anything less than a suspension
resulting from a minor violation, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow Unit
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension for thirty (30) days or
less resulting from a minor or major violation, the Tow Operator may request a hearing within fifteen (15)
calendar days by submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow
Unit. Upon receipt of a written request for an appeal, and at the discretion of the Chief of Police, or his/her
designee, the Tow Operator may be allowed to continue rotational tows until the final disposition of the appellate
hearing.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension in excess of thirty (30)
days, or termination of the TSA, the Tow Operator may request a hearing within fifteen ('15) calendar days by
submitting an appeal in writing to the Administrative Hearing Officer by way of the City Manager's Office. The
written appeal shall be in compliance with FMC sections 1-407 and 9-1712. Notwithstanding any provision
within Chapter 1, Article 4 of the FMC, any person who appeals a suspension in excess of thirty (30) days, or a
termination of the TSA shall not be entitled to placement on the Tow Rotation List or to participate in tows until
such time as any appeal hearing has been concluded and the Administrative Heartng Officer finds that no
grounds for a suspension in excess of thirty (30) days, or a termination of the TSA has been established. Tow
Operator's remedy shall be limited to reinstatement on the tow rotation list in such case and no other
compensation or consideration will be allowed
18
ATTACHMENT B
TOW FEES
Flat price per vehicle per call:
Light Duty ToWFlatbed $ 184.00/Each
Medium Duty Tow $ Average CHP Rates Apply
Heavy Duty Tow $ Average CHP Rates Apply
Water Recovery: $ Average CHP Rates Apply
Technoloqy Fee:
DTS Software Fee per Vehicle Towed $ Charge listed in DTS Contract and DTS System
Storage Rates:
Passenger cars $ 45.00/per day
Motorcycles $ 45.00/per day
Trucks or Trailers $ Average CHP Rates Apply
lnside Storaqe Rates:
Passenger cars $ 55.00/per day
Motorcycles $ 55.00/per day
Trucks or Trailers $ Average CHP Rates Apply
Gate Fee: No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding
State recognized holidays as listed in the Agreement.
An after hours gate fee may be charged at all other times. The gate fee shall not exceed fifty percent (50%) of the
flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal property
recovery that occur outside normal business hours (excluding lien fees, storage fees, taxes, or other additional
fees).
Non-tow service calls (out of gas, lockouts, and flat tires) shall not exceed one-half the flat rate charge for a light
duty truck response.
City of Fresno Administrative / Franchise Fees:
Vehicle Collision Blocking a Roadway $ 60.00
lllegally Parked / Abandoned Vehicle $116.00
Unlicensed Driver / Expired Registration $189.00
Arrested / Suspended Driver $266.00
DUI Driver $450.00
Altfees tisted on the DTS invoice witl be received in the form of major credit card, debit card or cash. /Vo i
credit card fee will be charged pursuant to CVC section 22651.1 and CCC section 1748.1.
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CITY OF FRESNO
NON-EXCLUSIVE FRANCHISE TOW AGREEMENT
FOR FRESNO POLICE DEPARTMENT
This Non-exclusive Franchise Tow Agreement (TSA) is entered into effect on the 281h day of December 2014 set
forth below, at Fresno, California, between the City of Fresno, a municipal corporation (City) and D&K Towing, a
California corporation (the Tow Operator).
This Agreement, including all attachments, contains rules and regulations that a tow company agrees to comply
with in order to participate in the tow operations of the City of Fresno Police Department (FPD) Participation in
the FPD Rotation Tow Program (Tow Program) is voluntary. Compliance with all of the terms and conditions of
the Agreement is mandatory for tow companies participating in the Tow Program A Tow Operator, by agreeing
to participate in the Tow Program, is not acting as an agent for FPD or City when performing services under this
Agreement.
1. Governing Law and Venue
This Agreement shall be governed by, and construed enforced in accordance with, the laws of the State of
California excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue
for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any
rights and duties hereunder shall be the County of Fresno, California.
2. Entire Aqreement
This Agreement, its attachments and exhibits, when accepted by the Tow Operator either in writing or
commencement of performance hereunder, contains the entire Agreement between the parties with respect to
the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth
herein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by
City in writing
3. Amendments
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the
parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties;
and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in
writing.
4. Assiqnment or Sub Gontractinq
The terms, covenants, and conditions contained herein shall apply to the parties. Furthermore, neither the
performance of this Agreement nor any portion thereof may be assigned or subcontracted by Tow Operator
without the express written consent of City. Any attempt by Tow Operator to assign or subcontract the
performance or any portion of this Agreement without the express written consent of City shall be invalid and
shall constitute a breach of this Agreement.
5. PatenUGopvriqht Materials/Proprietarv lnfrinqement
Unless othenruise expressly provided tn this Agreement, Tow Operator shall be solely responsible for obtaining a
license or other authorization to use any patented or copyrighted materials in the performance of this
Agreement. Tow Operator warrants that any Software as modified through services provided hereunder will not
infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Tow Operator
agrees that, in accordance with the more specific requirement below, it shall indemnify, defend and hold City
and City lndemnitees harmless from any and all such claims and be responsible for payment of all costs,
damages, penalties and expenses related to or arising from such claim(s), including, but not limited to,
attorney's fees, costs and expenses.
6. Non-Discrimination
ln the performance of this Agreement, Tow Operator agrees that it will comply with the requirements of section
1735 of the California Labor Code and not engage nor permit any Tow Operators to engage in discrimination in
employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, marital status, or sex of such persons. Tow Operator acknowledges that a
violation of this provision shall subject Tow Operator to all the penalties imposed for a violation of anti-
discrimination law or regulation, including but not limited to, section 1720 et seq. of the California Labor Code
1
7. Termination
ln addition to any other remedies or rights it may have by law, City has the right to terminate this Agreement
without penalty immediately with cause and either party may terminate after thirty (30) days written notice
without cause, unless othenvise specified. Cause shall be defined as any breach of this Agreement or any
misrepresentation or fraud on the part of the Tow Operator. Exercise by City of its right to terminate the
Agreement shall relieve City of all further obligation
8. Consent to Breach Not Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or
consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any
party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver
of, or excuse for any other different or subsequent breach.
9. Remedies Not Exclusive
The remedies for breach set forth in this Agreement are cumulative as to one another and as to any other
provided by law, rather than exclusive; and the expression of certain remedies in this Agreement does not
preclude resort by either party to any other remedies provided by law.
10. lndependent Tow Operator
Tow Operator shall be considered an independent Tow Operator and neither Tow Operator, its employees nor
anyone working under Tow Operator shall be considered an agent or an employee of City Neither Tow
Operator, its employees nor anyone working under Tow Operator, shall qualify for workers' compensation or
other fringe benefits of any kind through City.
1'l . Performance
Tow Operator shall perform all work under this Agreement, taking necessary steps and precautions to perform
the work to City's satisfaction. Tow Operator shall be responsible for the professional quality, technical
assurance, timely completion, and coordination of all documentation and other goods/services furnished by Tow
Operator under this Agreement Tow Operator shall: perform all work diligently, carefully, and in a good and
workman-like manner; furnish all labor, supervision, machinery, equipment, materials, and supplies necessary
therefore; at its sole expense obtain and maintain all permits and licenses required by public authorities,
including those of City required in its governmental capacity, in connection with performance of the work; and, if
permitted to subcontract, be fully responsible for all work performed by sub-Tow Operators.
12. lndemnification
A) Tow Operator shall indemnify, hold harmless and defend City and each of its officers, officials,
employees, agents and authorized volunteers from any and all loss, liability, fines, penalties
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to
personal injury, death at any time and property damage) incurred by City Tow Operator, or any
other person, and from any and all claims, demands and actions in law or equity (including
attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of
performance of this Agreement Tow Operator's obligations under the preceding sentence shall
apply regardless of whether City or any of its officers, officials, employees, agents or authorized
volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or
damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any
of its officers, officials, employees, agents or authorized volunteers.
B) lf Tow Operator should subcontract all or any portion of the work to be performed under this
Agreement, Tow Operator shall require each subcontractor to indemnify hold harmless and defend
City and each of its officers, officials, employees, agents and authorized volunteers in accordance
with the terms of the preceding paragraph.
C) This section shall survive termination or expiration of this Agreement
13. lnsurance
A) Throughout the life of this Agreement, Tow Operator shall pay for and maintain in full force and
effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted
by the California lnsurance Commissioner to do business in the State of California and rated not
less than "A-Vlf in Best's lnsurance Rating Guide, or (ii) authorized by City's Risk Manager. The
following policies of insurance are required.
2
5)
B)
1) COMMERCIAL GENERAL LIABILITY insurance which shall be on the most current version of
lnsurance Services Office (lSO) Commercial General Liability Coverage Form CG 00 01 and
include insurance for "bodily injury," "property damage" and "personal and advertising injury"
with coverage for premises and operations, products and completed operatioñs, and
contractual liability (including, without limitation, indemnity obligations under the Agreement)
with limits of liability of not less than $'1,000,000 per occurrence for bodily injury and property
damage, $1,000,000 per occurrence for personal and advertising injury and $2,000,000
aggregate for products and completed operations and $2,000,000 general aggregate.
2) GARAGEKEEPERS LEGAL LIABILITY insurance which shall include coverage for vehicles in
the care, custody, and control of the Tow Operator with limits of liability of not less than
$120,000 per occurrence for property damage.
3) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be on the most current
version of lnsurance Service Office (lSO) Business Auto Coverage Form CA 00 01, and
include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles
(Code l- Any Auto) with limits of not less than 91,000,000 per accident for bodity injury and
property damage
4) ON-HOOIíCARGO insurance which shall include coverage for vehicles in tow with limits of
liability based on the size of the tow truck, which are as follows:
a) Class A/B tow truck..... ...$120,000b) Class C tow truck... ... ... . ... $200,000c) Class D tow truck .. ... . .. $300,000
WORKERS' COMPENSATION insurance as required under the California Labor Code and
EMPLOYERS' LIABILITY insurance with minimum limits of $1,000,000 each accident, $1,000,000
disease policy limit and $1,000,000 disease each employeé.
Tow Operator shall be responsible for payment of any deductibles contained in any insurance
policies required hereunder and Tow Operator shall also be responsible for payment of any self-
insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate
of lnsurance and approved by the City's Risk Manager or his/her designee. At the option of the
City's Risk Manager, or his/her designee, either:
1) The insurer shall reduce or eliminate such deductibles or self-insured retention as
respects City, its officers, officials, employees, agents and volunteers; or
2) Tow Operation shall provide a financial guarantee, satisfactory to City's Risk Manager, or
his/her designee, guaranteeing payment of losses and related investigations, claim
administration and defense expenses At no time shall City be responsible for the payment of
any deductibles or self-insured retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30)
calendar days written notice in favor of City of policy cancellation, change or reduction of coverage,
except for the Workers'Compensation policy which shall provide ten (10) calendar days writtên
notice of such cancellation, change or reduction of coverage. ln the event any policies are due to
expire during the term of this Agreement, Tow Operator shall provide a new certificate and all
applicable endorsements evidencing renewal of such policy prior to the expiration date of the
expiring policy(ies) to the Chief of Police, or his/her designee, and the City's Risk Division. Upon
issuance by the insurer, broker, or agent of a notice of cancellation, change or reduction in
coverage, Tow Operator shall file with the Chief of Police, or his/her designee, and the City's Risk
Division, a new certificate and all applicable endorsements for such policy(ies).
The General Liability, Automobile Liability and Garagekeepers Legal Liability insurance policies
shall be written on an occurrence form and shall name City, its officers, officials, agents, employees
and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Tow
shall be primary with respect to the City, its officers, officials, employees,
volunteers with no contribution required of city. Any workers' compensation
contain a waiver of subrogation as to city, its officers, officials, agents,
c)
D)
3
employees and authorized volunteers. Tow Operator shall have furnished City with the certificate(s)
and applicable endorsements for ALL required insurance prior to City's executlon of the Agreement.
E) The fact that insurance is obtained by Tow Operator shall not be deemed to release or diminish the
liability of Tow Operator, including, without limitation, liability under the indemnity provisions of this
Agreement City shall apply to all claims and liability regardless of whether any insurance policies
are applicable The policy limits do not act as a limitation upon the amount of indemnification to be
provided by Tow Operator. Approval or purchase of any insurance contracts or policies shall in no
way relieve from liability nor limit the liability of Tow Operator, its principals, officers, agents,
employees, persons under the supervision of Tow Operator, vendors, suppliers, invitees,
consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of
them.
F) Upon request of City, Tow Operator shall immediately furnish City with a complete copy of any
insurance policy required under this Agreement, including all endorsements, with said copy certified
by the underwriter to be a true and correct copy of the original policy. This requirement shall survive
expiration or termination of this Agreement.
G) lf at any time during the life of the Agreement or any extension, Tow Operator fails to maintain the
required insurance in full force and effect, all work under this Agreement shall be discontinued
immediately until notice is received by City that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory to City
Any failure to maintain the required insurance shall be sufficient cause for City to terminate this
Agreement.
H) lf Tow Operator should subcontract all or any portion of the work to be performed, Tow Operator
shall require each subcontractor to provide insurance protection in favor of the City, its officer,
officials, employees, agents and authorized volunteers in accordance with the terms of each of the
preceding paragraphs, except that the subcontractors certificates and endorsements shall be on file
with the Tow Operator and City prior to the commencement of any work by the subcontractor.
',4. Bills and Liens
Tow Operator shall pay promptly all indebtedness for labor, materials, and equipment used in performance of
the work. Tow Operator shall not permit any lien or charge to attach to the work or the premises, but if any does
so attach, Tow Operator shall promptly procure its release and indemnify, defend, and hold City harmless and
be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related
thereto.
15. Chanqe of Control
Tow Operator agrees that if there is a change or transfer in ownership or control of the Tow Operator's business
prior to completion of this Agreement, unless such change or transfer is to "immediate family" as defined in
Fresno Municipal Code (FMC) section 3-101(e) and approved in writing by the Chief of Police, or his/her
designee, such change or transfer shall terminate this Agreement. This includes but is not limited to changes in:
Corporate Board Members, Managers, Directors, Treasurer, Trustees, or ownership interests. All changes or
transfers to "immediate family" must be approved by the Chief of Police, or his/her designee, prior to such
change or transfer in order for the Tow Operator to remain on the tow services list. Final written approval or
disapproval for the change or transfer in ownership or control will be given by the Chief of Police or his/her
designee. All "immediate family" members involved in the potential transfer and operation of the Tow Operator
shall be required to undergo a background check, review, and "Livescan" fingerprint screening. The "immediate
family" members involved in the change or transfer of ownership or control must also possess and keep current
all licensing certificates and insurance as required in this Agreement. The "immediate family" members who will
operate or otherwise be legally responsible for the Tow Operator will be required to execute a new TSA.
A) Tow Operator owners shall be directly involved in the day-to-day operations of their
business and shall not be directly involved in the towing-related business of any other tow
company on, or applicant for, the Tow Rotation List. Co-mingling of operations, business,
offices, board members, and finances is strictly prohibited.
B) lf terminated or suspended, Tow Operator and/or its owner at the time of the suspension or
termination, shall not be eligible for a rotation listing for the duration of the suspension or
termination This section applies to the Tow Operator working in any capacity within any tow
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business or operating any tow business and to the tow business even if operated under new
ownership
C) Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow
Rotation List, excluding equipment which may be unavailable due to repairs or when there is a need
for equipment replacement and written approval is obtained from the Chief of Police or his/her
designee
16. Force Maieure
Tow Operator shall not be in breach of this Agreement caused by any act of God, war, civil disorder,
employment strike or other cause beyond its reasonable control, provided Tow Operator gives written notice of
the cause of the delay to City within thirty-six (36) hours of the start of the delay and Tow Operator avails itself of
any available remedies.
17. Confidentialitv
Tow Operator agrees to maintain the confidentiality of all City and City-related records and information pursuant
to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term
of this Agreement. All such records and information shall be considered confidential and kept confidential by
Tow Operator and Tow Operator's staff, agents and employees.
18. Gomoliance with Laws
Tow Operator represents and warrants that services to be provided under this Agreement shall fully comply, at
Tow Operator's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and
regulations, including, but not limited to those issued by City in its governmental capacity and all other laws
applicable to the services at the time services are provided to and accepted by City. Tow Operator
acknowledges that City is relying on Tow Operator to ensure such compliance (collectively Laws). Tow Operator
agrees that it shall defend, indemnify and hold City and City lndemnitees harmless from all liability, damages,
costs, and expenses arising from or related to a violation of Laws.
19. Pricinq
The Agreement price shall include full compensation for providing all required services in accordance with the
Scope of Work attached to this Agreement, and no additional compensation will be allowed therefore, unless
otherwise provided for in this Agreement. Tow Operator shall pay the City Franchise Fees as listed in
Attachment "B", or "City Administrative / Franchise Fees", in accordance with Paragraph 25 of Attachment "A".
20. Terms and Gonditions
Tow Operator acknowledges that the undersigned has read and agrees to all terms and conditions included rn
this Agreement.
21. Severabilitv
lf any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired or invalidated thereby.
22. Calendar Davs
Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless
otherwise expressly provided.
23. Attornev Fees
lf either party is required to commence any proceeding or legal action to enforce. any term, covenant or condition
of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other
pafty its reasonable Attorney's fees and legal expenses.
24. lnterpretation
This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in
the matters dealt with in this Agreement. ln addition, each party has been represented by experienced and
knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel
despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have
not been influenced to any extent whatsoever in executing this Agreement by any other party hereto or by any
person representing them, or both. Accordingly, any rule or law (including California CivilCode section 1654) or
legal decision that would require interpretation of any ambiguities in this Agreement against the party that has
5
drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable
manner to affect the purpose of the parties and this Agreement.
25. Authoritv
The parties to this Agreement represent and warrant that this Agreement has been duly authorized and
executed and constitute the legally binding obligation of their respective organization or entity, enforceable in
accordance with its terms.
26. Emplovee Eliqibilitv Verification
Tow Operator warrants that it fully complies with all Federal and State statutes and regulations regarding the
employment of aliens and others and that all its employees performing work under this Agreement meet the
citizenship or alien status requirement set forth in Federal statutes and regulations. Tow Operator shall obtain,
from all employees performing work hereunder, all verification and other documentation of employment eligibility
status required by Federal or State statutes and regulations including, but not limited to, the lmmigration Reform
and ControlAct of 1986, I U.S.C. 51324 et seq., as they currently exist and as they may be hereafter amended
Tow Operator shall retain all such documentation for all covered employees for the period prescribed by the law.
Tow Operator shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its
agents, officers, and employees from employer sanctions and any other liability which may be assessed against
Tow Operator or City or both in connection with any alleged violation of any Federal or State statutes or
regulations pertaining to the eligibility for employment of any persons performing work under this Agreement
27. Additional Termsand ConditionsA) Term of Agreement: This Agreement shall commence on December 28, 2014, and shall be
effective for three (3) years from that date, unless othenryise terminated by City.
B) Fiscal Appropriations: This Agreement is subject to and contingent upon applicable budgetary
appropriations being made by the City for each year during the term of this Agreement. lf such
appropriations are not forthcoming, the Agreement will be terminated without penalty. Tow
Operator acknowledges that funding or portions of funding for this Agreement may also be
contingent upon the receipt of funds from, and/or appropriation of funds by City. lf such funding
and/or appropriations are not forthcoming, or are othen¡vise limited, City may immediately terminate
or modify this Agreement without penalty
C) Conflict of lnterest (Tow Operator): Tow Operator shall exercise reasonable care and diligence to
prevent any actions or conditions that result in a conflict with the best interest of City. This
obligation shall apply to Tow Operator, Tow Operato/s employees, agents, relatives, and third
parties associated with accomplishing the work hereunder. Tow Operator's efforts shall include, but
not be limited to, establishing precautions to prevent its employees or agents from making,
receiving, providing, or offering gifts, entertainment, payments, loans, or other considerations which
could be deemed to appear to influence individuals to act contrary to the best interest of City.
D) Tow Operator Work Hours and Safety Standards: Tow Operator shall ensure compliance with all
safety and hourly requirements for employees, in accordance with federal, state, and City safety
and health regulations and laws.
E) Orderly Termination: Upon termination or other expiration of this Agreement, each party shall
promptly return to the other party all papers, materials, and other properties of the other held by
each for purposes of execution of the Agreement. ln addition, each party will assist the other Party
in orderly termination of this Agreement and the transfer of all aspects, tangible and intangible, as
may be necessary for the orderly, non-disruptive business continuation of each party
F) Reprocurement Costs: ln the case of default by Tow Operator, City may procure the service from
other sources and, if the cost is higher, Tow Operator will be held responsible to pay City the
difference between the Agreement cost and the price paid. City may make reasonable efforts to
obtain the prevailing market price at the time such services are rendered. This is in addition to any
other remedies available under law.
G) Authorization Warranty: Tow Operator represents and warrants that the person executing this
Agreement on behalf of and for Tow Operator is an authorized agent who has actual authority to
bind Tow Operator to each and every term, condition, and obligation of this Agreement and that all
requirements of Tow Operator have been fulfilled to provide such actual authority.
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H) Notices: Any and all notices permitted or required to be given hereunder shall be deemed duly
given (1)upon actualdelivery, if delivery is by hand; or(2)upon delivery bythe United States mail if
delivery is by postage paid registered or certified return receipt requested mail; or (3) through
electronic means such as, email or the Dispatch & Tracking Solutions Software System (DTS).
l) Data - Title to: All materials, documents, data or information obtained from City data files or any
City medium furnished to Tow Operator in the performance of this Agreement will at all times remain
the property of City. Such data or information may not be used or copied for direct or indirect use
by Tow Operator after completion or termination of this Agreement without the express written
consent of City. All materials, documents, data or information, including copies, must be returned to
City at the end of this Agreement
J) Usage: No guarantee is given by City to Tow Operator regarding usage of this Agreement. Usage
figures, if provided, are approximate, based upon the last usage. Tow Operator agrees to supply
services and/or commodities requested, as needed by City, at prices listed in the Agreement,
regardless of quantity requested.
K) Tow Operator's Records: Tow Operator shall keep true and accurate accounts, records, books
and data which shall correctly reflect the business transacted by Tow Operator in accordance with
generally accepted accounting principles. These records shall be stored at the Tow Operators
principal place of business for a period of three (3) years after final payment is received by City.
L) Audits/lnspections: Tow Operator agrees to permit City's authorized representative (including
auditors from a private auditing firm hired by City) access during normal working hours to all books,
accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose
of auditing or inspecting any aspect of performance under this Agreement. The inspection and/or
audit will be confined to those matters connected with the performance of the Agreement including,
but not limited to, the costs of administering the Agreement. City reserves the right to audit and
verify Tow Operator's records before or after final payment is made.
Tow Operator agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer penod of records retention is stipulated under this Agreement or
by law. Tow Operator agrees to allow interviews of any employees or others who might reasonably
have information related to such records. Further, Tow Operator agrees to rnclude a similar right to
City to audit records and interview staff of any sub-Tow Operator related to performance of this
Agreement.
M) Should Tow Operator cease to exist as a legal entity, Tow Operator's records pertaining to this
Agreement shall be fonvarded to the Chief of Police or his/her designee
28. Disputes-Aqreement
A) The Parties shall deal in good faith and attempt to resolve potential disputes informally.
1) Tow Operator shall submit to the Chief of Police, or his/her designee, a written demand for a
final decision regarding the disposition of any dispute between the parties arising under,
related to, or involving this Agreement, unless City, on its own initiative, has already rendered
such a final decision.
2) Tow Operator's written demand shall be fully supported by factual information, and, if such
demand involves a cost adjustment to the Agreement, Tow Operator shall include with the
demand a written statement signed by a senior official indicating that the demand is made in
good faith, that the supporting data are accurate and complete, and that the amount
requested accurately reflects the Agreement adjustment for which Tow Operator believes City
is liable.
Pending the final resolution of any dispute arising under, related to, or involving this Agreement,
Tow Operator agrees to diligently proceed with the performance of this Agreement. Tow Operator's
failure to diligently proceed shall be considered a material breach of this Agreement.
Any final decision of City shall be expressly identified as such, shall be in writing, and shall be
signed by the City Hearing Administrative Officer, or Chief of Police, or his/her designee, as
applicable. lf City fails to render a decision within ninety (90) days after receipt of Tow Operator's
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B)
c)
demand, it shall be deemed a final decision adverse to Tow Operator's contentions. City's final
decision shall be conclusive and binding regarding the dispute unless Tow Operator commences
action in a court of competent jurisdiction.
29. Breach of Aqreement
The failure of the Tow Operator to comply with any of the provisions, covenants or conditions of this Agreement
shall be a material breach of this Agreement. ln such event the City may, and in addition to any other remedies
available at law, in equity, or otherwise specified in this Agreement, undertake any of the individual actions or
any combination of the following actions:
1) Afford the Tow Operator written notice of the breach and ten calendar days or such
shorter time that may be spec¡fied in this Agreement within which to cure the
breach;
2) Suspend andlor remove Tow Operator from the rotation;
3) Terminate the Agreement immediately, without any penalty
The Parties hereto have executed this Agreement.
rire: 1ntSP¿tT
n*" l)Q-14
TOW OPERATOR*:
Bv'Title:
Print Name:Date:
*lf a corporation or limited liability company, the document must be srgned by two corporate officers. The first signature
must be either the Chairman of the Board, President, or any Vice President. The second signature must be the
secretary, an assistant secretary, the Chief Financial Officer, or any assistant treasurers. ln the alternative, a single
signature is acceptable when accompanied by a corporate document demonstrating the legal authority of the
signature to bind the company.
Date:
APPROVED AS TO FORM
DOUGLAS T. SLOAN
City
utY B ran¿.¡ rt.
ATTEST:
WONNE SPENCE, CMC
City Clerk
By:: Date:
CITY OF FRESNO.
I
tz/zz)r I
ATTACHMENT A
SCOPE OF WORK
1. Scope of Work
Tow Operator shall perform the towing, and storage of vehicles as directed by the City, and in addition, such
other services as provided in this Scope of Work, and shall provide necessary storage facility, tow vehicles,
labor, materials, equipment, machinery, and tools The Tow Operator shall comply with all State laws and
regulations, applicable to tow units and impound, towing, storage, selling or junking of vehicles. Tow operators
must follow all guidelines set forth by equipment manufactures recommendations as to their use and care of all
towing related equipment. All permits and licensing fees as specified under California Vehicle Code (CVC)
sections 34620 through 34624 shall be in fullforce and effect at alltimes during this Agreement. Any violation of
this section will be considered a material breach of the Agreement and may result in immediate termination of
this Agreement
2. Towinq Services and Duties
It shall be the duty of the Tow Operator, when so directed by the City, to provide prompt tow service for vehicles
which are taken into custody by the City This includes vehicles involved in collisions or disabled by any other
cause, abandoned in public places or on private property. Vehicles impounded for evidence, impeding the flow
of traffic, or which for any other reason, are within the jurisdiction of the FPD. As required by law, Tow
Operators are to remove from the street all debris resulting from said collisions and to clean the immediate area
of such street (CVC section 27700(a)(1)). lt shall also be the duty to provide for the safety and security of those
vehicles and the contents thereof. These duties are inherent to the job and are to be included in the price of the
basic tow bill.
The tow truck operator shall provide a business card to the registered owner or driver for the vehicle being
towed. The business card shall contain the name, address and phone number of the tow company as well as
the link to the vehicle search system in DTS as follows: www.findmytow.com
Tow truck operators and/or drivers will not be permitted to drive an impounded or recovered stolen vehicle or
vehicle intended for storage from a FPD rotation call or special operation. Any exceptions must be at the
direction of the FPD officer in charge of the scene and should be limited to repositioning the vehicle to allow for
towing.
The City has designated two (2) tow companies for evidence impound tows and no other rotation tow company
shall maintain custody over these vehicles at any time. lf an officer impounds a vehicle for evidence and a non-
preference rotational tow is dispatched, it is the responsibility of the tow driver to verify with the officer on scene
as to whether a vehicle is to be held for evidence. lf it is determined that the vehicle is to be held for evidence,
the tow driver must immediately notify the officer on scene that the company is not authorized to handle
evidence impounds and an evidence tow company shall be dispatched. Tow Operator shall then contact the
Tow Unit on the same business day, or within the next business day if such tow occurs after regular business
hours. Acceptance of an evidence tow by a non-designated evidence tow company will result in disciplinary
action and full financial responsibility for all tow and storage fees for each violation.
lf terminated or suspended, Tow Operator and/or owner at the time of the suspension or termínation, shall not
be eligible for a rotation listing for the duration of the suspension or termination. This provision applies to the
Tow Operator working in any capacity within any tow business or operating any tow business and to the tow
business even if operated under new ownership.
Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow Rotation List,
excluding equipment which may be unavailable due to repairs or when there is a need for equipment
replacement and written notice has been obtained from FPD.
3. SpecialOperations
FPD conducts special operations coordinated through the Traffic Bureau throughout the year that requires tow
companies at the location of the special operation Tow companies on the Tow Rotation List that are in good
standing with FPD may be invited to participate in these operations, provided they are willing to remain with the
special operation until its conclusion and forfeit any rotational tow calls (FPD, California Highway Patrol, or
other) received during the duration of the operation. "Good standing" shall mean that Tow Operator has not
violated, or is not in violation of the terms of this Agreement, the provisions of the FMC, State, or Federal law
All special operations tows will be subject to the provisions of this Agreement. Tow Operator shall respond to a
I
special operat¡on with a flatbed tow truck with the capability of towing (2) vehicles. No ride alongs will be allowed
on any special operations unless the ride along is the Tow Owner or a Tow Driver who is in training and has
been approved by FPD.
4. Siqnaqe and hours of Operation
The storage yard or business office shall have a sign that clearly identifÌes it to the public as a towing service.
The sign shall have letters that are clearly visible to the public from the street and must be visible at night. All
storage facilities must be accessible to City personnel twenty-four (24) hours per day and seven (7) days per
week. The Tow Operator will provide customer service twenty-four (24) hours per day and seven (7) days per
week for the release of vehicles.
Tow Operator shall provide at least one person at a call station to respond and release vehicles within thirty (30)
mínutes. Tow Operator shall maintain all signage required pursuant to CVC sections 22850 3 and 22651 07
and include an after-hours contact phone number for Tow Operator.
5. Response Time
Tow Operator shall respond to calls twenty-four (24) hours a day, seven (7) days a week, within the maximum
response time limits as established by the Chief of Police or his/her designee. A reasonable response time is
thirty (30) minutes or less, except during peak hours of 7:00 a.m. to 9:00 a.m. and 4.00 p.m. to 6.00 p m.,
(Monday through Friday), when the required response time will be extended to forty-five (45) minutes or less.
Tow Operator shall respond with a tow truck of the class required to tow the vehicle specified by the DTS
System.
6. Non-Response
The Tow Operator shall update the DTS System at the time of dispatch to a tow rotation request. lf the Tow
Operator is either unable to respond or unable to meet the maximum response time, the tow operator shall
immediately update the DTS System accordingly. lf, after accepting the call, the Tow Operator is unable to
respond or will be delayed in responding, the Tow Operator shall immediately update the DTS system
accordingly.
To decline or refuse to respond will be considered a non-response. Each non-response will be immediately
documented in the DTS System. Each non-response will be logged by the DTS System and reviewed by the
City lf the fault for the non-response is attributed to other than the Tow Operator, the Tow Operator will be
placed back in the rotational list and called at the next opportunity in line.
One such breach, determined to be the fault of the Tow Operator, will be grounds for written reprimand which
may be subsequent to a meeting between the Tow Operator and the City. A second breach may be grounds for
a (30) thirty-day suspension of this Agreement. A third violation will be considered a material breach of the
Agreement and may result in immediate termination of this Agreement.
ln the case of suspension or termination, all vehicles then in storage at the time of the suspension or termination
remain protected under this Agreement as City's impounds and the Tow Operator is so bound. The City will
have the option to remove and/or transfer stored vehicles.
When a Tow Operator will be temporarily unavailable to provide services due to preplanned/scheduled activity,
such as a vacation, maintenance, medical leave, etc., the Tow Operator will notify City in writing via the DTS
system at least forty-eight (48) hours in advance. Crty reserves the right to deny these requests to maintain
adequate service levels for tow operations. Failure to notify the City will be considered a non-response and a
material breach of this agreement.
7. StoraqeResponsibilities
It shall be the duty of the Tow Operator to provide impound and other storage service for all vehicles as directed
by the City. The Tow Operator shall be responsible for all vehicles, accessories and equipment thereon and all
personal property therein stored by Tow Operator. lt shall be the Tow Operators' duty to protect such stored
vehicles, accessories, equipment, and property against all loss or damage by fire, theft or other causes. The
Tow Operator will have available for review by City personnel, all permits and proof of compliance to all local
zoning, special use, conditional use and special requirements, laws and regulation. lt is the responsibility of the
Tow Operator to ensure vehicles are stored in a secured facility.
8. Size and Location of Storaqe Facilitv
The tow yard shall be located within the City of Fresno's "Metropolitan Area." Metropolitan area is defined as
within the borders of Copper Avenue to the north, American Avenue to the south, DeWolf Avenue to the east,
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and Chateau Fresno to the west. Tow Operator shall be responsible for the security of vehicles and property at
the place of storage. At a minimum, a six (6) foot fence or enclosed secured area is required for outside
storage. A minimum of 5,000 square feet, or room for twenty (20) vehicles, shall be provided. All tow yards
located with the City of Fresno shall be in compliance with the FMC, current Directors Class #208 and shall
follow the current Development and Resource Management Department's Policy and Procedure C-002. lf the
tow facility is located outside the City of Fresno, the tow operator is required to provide written proof that the
yard is in compliance with the authorizing jurisdiction. Tow Operator is responsible for the reasonable care,
custody, and control of any property contained in towed or stored vehicles. The storage facility and business
office will be located at the primary storage yard and shall be maintained in a functional, clean and orderly
fashion. The facility shall have a telephone, on-site fax machine and the necessary computer equipment to
properly run DTS software and to send and receive email.
ln the event of criminal activity at a storage facility, the City may require the Tow Operator to take measures to
assist in preventing such crimes. These measures could include, but are not limited to: the yard being
illuminated during darkness, with security type lighting, to such a degree that visual observation of the entire
yard may be accomplished at all times, improved fencing and/or security patrols
All vehicles stored or impounded as a result of a tow ordered by the City shall be towed directly to a towing
service storage lot unless the City, or in the case of a citizen's assist, a person legally in charge of the vehicle,
requests that it be taken to some other location.
All vehicles towed as a result of action taken by the City will be stored at the Tow Operator's principal place of
business unless directed othenrvise by the City's Tow Coordinator. Vehicles stored at an auxiliary storage facility
will be considered a breach of this Agreement. The Tow Operator shall not remove personal property from a
stored vehicle. lf the registered owner removes personal property from a stored vehicle, the Tow Operator will
maintain documentation of such and will require a signed receipt from the registered owner for property
released. The Tow Operator shall immediately notify the City if any contraband weapons or hazardous
materials are found in the vehicle(s).
9. Enclosed Facilitv
The Tow Operator may maintain, without charge to the City or any other person, separate and enclosed garage
facilities no less than 1,000 square feet of clean working space. The facility must be constructed to include a
roof and at least four walls of substantial design to withstand the elements and protect the vehicles from the
weather. The facility should have a concrete floor and sufficient lighting. This inside facility must be located at
the Tow Operator's primary storage yard. This inside facility is not required to qualify for the City's rotation,
however, when inside storage is requested for a particular vehicle, the next Tow Operator in line meeting the
needs of the City's request will be used.
10. DTS Requirements
Tow Operator shall utilize the most recent, updated and upgraded DTS software program, to dispatch and track,
via a web-based lnternet connection. Tow Operators will be required to enter the towed vehicle information as
instructed by the City. At no time will a vehicle be released, subject to lien, or junked from impound without all
required data fields being entered into the DTS system by the Tow Operator The Tow Operator shall clearly
identify and enter into DTS the name of the person to whom the vehicle was actually released. All City tow
requests shall be made utilizing this program. Failure at any time to have the DTS program in full operation shall
cause the immediate removal of the Tow Operator from the tow rotation and be grounds for immediate
termination by City Tow Operator must enter into a separate agreement, or license for the DTS software
program with the owner of that proprietary software The City shall not provide the DTS software program, any
licensing or sub-licensing thereof or any intermediary services for the procurement by Tow Operator of the DTS
software program. This Agreement shall not be executed by the City until Tow Operator has demonstrated to
the City's satisfaction compliance with the requirements set forth herein. Tow Operator shall be liable for all
fees, charges, prices, rates and service charges required from DTS. DTS shall be utilized in "real time" and all
entries should reflect as such. lnvoices shall be used from DTS when releasing vehicles and be pursuant to
section 22651.07 of the CVC. The only Tow Operator personnel authorized to utilize and access DTS are those
that have fully complied with the provisions set forth in Section '12, "Tow Operator Personnel" of this Agreement.
lf the Tow Operator is not in FULL compliance with the above stated requirement, the Tow Operator will be
removed from the City towing rotation. ln the event that DTS fails to provide software services, or the City elects
to utilize a new software provider, the Tow Operator will be required to use the replacement towing software
system. lf that occurs, all references to DTS in this Agreement shall instead be interpreted as references to the
new software program.
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11. OfficialNotification bv Citv Reqardinq Tow
Official notification by City regarding tow services is considered any form of written, email, verbal instructions or
notifications received from an authorized City employee or electronic notice from the DTS program. lf the Tow
Operator receives verbal instructions or notifications from a City employee the Tow Operator must respond to
City, by 5:00 p.m. (PST) on the next business day
12. Tow Operator Personnel
A.) Conduct
The Tow Operator shall perform the services required of it in an ethical orderly manner, endeavoring to
obtain and keep the confidence of the public. At no time will the Tow Operator or its agent or any
employee of the Tow Operator exhibit any of the following behavior: rudeness, or otherwise being
uncooperative, argumentative, threatening, incompetent or acting in a dangerous manner with any City
employee, or with any member of the public. The City reserves the right to cancel an individual tow
assignment, if in the opinion of the City, the Tow Operator is acting in a rude, uncooperative,
argumentative, threatening, incompetent or dangerous manner. The City also reserves the right to cancel
an individual tow assignment if in the opinion of the City the Tow Operator is likely to damage the vehicle
for which the tow service was called. Other examples of unacceptable behavior include but are not limitedto: profanity, abusive language, disconnecting telephone calls for public inquiries regarding a tow,
threatening, aggressive, or assertive language, failure to provide timely information or documents in
response to a public or City inquiry, lack of respect to any City personnel or member of the public,
destruction or damaging of evidence, failure to comply with the reasonable request of a member of the
public, failure to release vehicle in a timely manner, failure to make appointment for release of vehicle
during evening or weekend hours, failure to promptly be on site at time of appointment for release of
vehicle during evening or weekend hours, impeding an investigation or any other conduct which the City
deems unprofessional.
lf the Tow Operator is found to be in violation of this conduct clause, the City will cancel the Tow Operator
and request the next Tow Operator in rotation. Any such behavior as set forth above shall be considereda material breach of this Agreement and may be grounds for immediate suspension or immediate
termination by the City, without penalty.
B.) PersonnelAppearance
Tow Operators shall be required to furnish their employees with a distinctive company uniform. Each
uniform shall have the firm's name, as well as the employee's name, in a conspicuous place. The tow
company's name and driver's first name shall be clearly visible at all times, meaning that protective or
inclement weather outer garments must meet this standard. Each employee shall have sufficient uniforms
so as to maintain a neat, clean appearance at all times. Minimum requirements for uniforms include a
shirt, long pants, and appropriate safety shoes. All drivers shall be in uniform before any towing or seryice
operation begins. No wording, designs, photos, gestures, or anything that could be considered offensive
or obscene to the general public shall be displayed by the Tow Operators or on any part of the uniform.
Dress standards are required in order to project a professional and positive image to the public.
All employees must be neat, clean and well groomed in appearance. ln order to ensure a professional
appearance, all tattoos must be concealed by operators while working Personnel will be required to
conceal any tattoos with gloves, collars, long sleeves, or by other means acceptable to the City. Facial
tattoos of any variety are not permitted. No facial piercings shall be worn while on duty
Drivers shall wear safety vests or reflectorized clothing that conforms to Occupational Safety and Health
Administration (OSHA) requirements. Alternatively, the OSHA safety requirements may be incorporated
into the uniform, jacket, or rain gear, as long as these items are worn as the outermost garment.
C ) UnlawfulActivity
The Tow Operator or it's employees shall not be involved, nor shall the Tow Operator or its employees
become involved in any agreement or activity whether verbal, written or conveyed in any other manner,
any activity or business venture which may be construed as unlawful. lf the City deems the involvement
to be unlawful, the City may immediately terminate this Agreement.
The Tow Operator shall not provide any direct or indirect commission, gift or any compensation to any
person or public or private entity, in consideration of arranging or requesting the services of a tow truck as
provided in section 12110 of the CVC.
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No Tow Operator will be involved or solicit any compensation of any kind including but not limited to
involvement with any other company or business that might result in income or consideration as a result of
any activity initiated by the City.
An example of such a prohibited involvement could include but is not limited to: financial reimbursement
by auto-body repair business for referrals, or towing directly from the scene of a collision to the auto-body
shop without prior unsolicited approval or request by the registered owner, driver or insurance company
representative of the damaged vehicle; kickback to or from a security company or homeowner's
association for "finding" or towing a vehicle from a location, whether private property, public, off street
parking facility or a public roadway. Violation of this provision shall be grounds for immediate termination
by City, without penalty.
D.) Personnel Licenses
Tow Operators providing services under this Agreement, including tow truck drivers, dispatchers and other
office personnel, will have sufficient knowledge, experience and capability to ensure safe and proper
discharge of their service responsibilities. lt will be the responsibility of the Tow Operator to ensure that all
of its personnel will be properly licensed in accordance with sections 12500, 12520, and 12804 9 of the
CVC. Alltow truck drivers and tow truck operators shall be enrolled in the "Pull Notice" program as defined
in CVC section1808.1 et seq.. Drivers must complete a CHP approved Tow Operator Course every five
(5) years and copies of completion of the course shall be sent to the City. All Tow Operators and
personnel shall have no criminal record which would preclude them from being placed in a position of trust
while in the service of a law enforcement agency or any crime listed below under the heading of "Criminal
Record."
E.) Fingerprints
All owners and employees who have not previously submitted their "LiveScan" fingerprint samples shall
submit their "LiveScan" fingerprint samples, at their own expense, through the City prior to being awarded
this Agreement, for the purposes of verifying their criminal history with the Department of Justice.
Failure to provide information regarding the identity of the owner, employee, or anyone else with a
financial interest in the Tow Operator will result in termination of this Agreement. The Tow Operator will
provide the City with information regarding any change in employee status immediately and update DTS
to reflect such changes. Failure to comply may result in further disciplinary action, and will be considered
a breach of this Agreement
After execution of this Agreement, no person shall be employed by the Tow Operator or perform any
service under this Agreement until the background record check and "LiveScan" is completed and
approved by the City and said employee has received their identification badge from the City.
Notwithstanding the foregoing, Tow Operators and owners that have towed for the City under the previous
Tow Service Agreement and have completed a new background and "LiveScan" check will be allowed to
continue to tow for the City until such time as the results of the background and "LiveScan" submissions
are reviewed and approved by the City.
Any employee of the Tow Operator that has left employment with said Tow Operator and returned and
been rehired must complete an additional background check before performing services pursuant to this
Agreement
F.) Criminal Record
A conviction of anyone with a financial interest in the Tow Operator, or any employee of the Tow Operator,
including but not limited to any of the following offenses, may be cause for denial of application or
termination of this Agreement:
. Any crimes listed in California Penal Code section 290o DUI-Within 5 years of the Date of Fingerprinting¡ Vehicle theft. Fraud. Stolen Property. Crimes of Violence. Any felony críme relating to narcotics or any controlled substance. Any other crimes enumerated in CVC section 2432.3
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. Actively on parole or on any form of probation
. Crime of moral turpitude
. Sex, Arson, Narcotics Registrant
. Other felony conviction
The City is not required to provide any reason, rationale or factual information in the event it elects to deny
application or remove any of Tow Operator's personnel from providing services for the City under this
Agreement. Tow driver or employee applicants denied under this section may appeal to the Chief of
Police or his/her designee. All decisions by the Chief of Police, or his/her designee are final.
ln the event the Tow Operator or employee is convicted or is under investigation, the Tow Operator may
be given the opportunity to replace that employee without prejudice to the Agreement. Nothing shall
prohibit the City from removing, suspending or terminating the Agreement. lt will be the responsibility of
the Tow Operator to provide the City with updated information regarding any illegal activity, arrest(s) or
conviction of any Tow Operator and/or employee. For the purpose of this section, any conviction or plea
of guilty or nolo contendre, even to any lesser-included offense, are considered convictions. Failure to
provide information regarding the identity of the employee, or anyone else with a financial interest in the
Tow Operator will result in termination of the Agreement. Failure to provide information to the City of any
information regarding the conviction of any of the above crimes may also result in termination of the
Agreement
G.) ldentificationBadges
Each tow truck driver or employee of the Tow Operator shall wear, in plain view an identification badge
authorized and issued by the City to that employee, while on any call for service where the City is
involved. lf a tow truck driver responds to a scene without his authorized name badge, the tow truck
driver will be dismissed from the scene and the next Tow Operator in rotation will be called. Failure to
carry an identification badge will be considered a violation as stated in Section 31, "Disciplinary Action," of
this Agreement. The purpose of these badges will be to identify those employees of the Tow Operator
who have been fingerprinted by the City and have passed the record check by the Department of Justice.
All identification badges are the property of the City and will be returned by the Tow Operator to the City
within forty-eight (a8) hours of an employee's separation. Tow Operator will provide a current list of all
staff including drivers, dispatchers, etc. Anytime there are any changes to this list, the City is to be notified
by the next business day and provided with an updated and current list
13. Tow Operator Licensinq and Certification
All licensing and certifications required by Federal, State and local authorities shall be maintained current and
valid at all times as required in CVC sections: 34507.5,34600 et seq, 34620, and 12111, and sections 7231 et
seq, of the California Revenue and Taxation code. Failure to have any required license or certification, including
any driver who fails to have an appropriate class of license, may be grounds for immediate termination by City
without penalty.
14. lnspection
All real property and improvements thereon, and all vehicle facilities, equipment and materials used by the Tow
Operator in the performance of the services required herein shall be open to inspection by the City or its
authorized representative, and will be subject to no less than one annual inspection. Additional inspections may
be conducted without notice during normal business hours. lnspections may include, but are not limited to, all
books, accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose of auditing
or inspecting any aspect of performance directly related to this Agreement ln the event that the City determines
that the real property and improvements thereon are insufficient, derelict or fail to meet the requirements as
called out in this Agreement, this Agreement may be terminated by City immediately, without penalty.
15. Vehicle and Equipment Requirements
Tow vehicles will be maintained in compliance with sections 24605, 25253, 25300, 27700 and 27907 of the
CVC. Tow vehicles will be of at least 14,000 lbs. GVWR with dual rear wheels, with the ability to tow two (2)
vehicles, or a vehicle and/or a trailer Tow vehicles must have two-way communication capabilities and the
ability to communicate and connect with the DTS System at all times. The Tow Operator shall have equipment
capable of towing from off-road areas, towing from underground facilities, and recovery services with an
adjustable boom with at least five tons of lifting capacity. ln addition to the conventional wheel lift towing
capabilities, the Tow Operator shall maintain at least one or more flatbed or rollback trucks with a minimum of
fifty (50) feet of cable, and the required safety equipment. Unless otherwise specified by the City, all Tow
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Operators shall respond to a tow service request with a flatbed or rollback truck as specified above. At the
discretion of the tow operator, a wrecker may be used to respond to a tow service request. lf for any reason the
Tow Operator is unable to complete the tow service request with the wrecker, the Tow Operator will not be
placed back on the top of the rotation list and a new Tow Operator will receive the tow service request
A 3-axle or 25-ton truck is not required equipment. However, Tow Operators that possess this equipment will be
placed on a heavy-duty tow rotation list.
All trucks must have the required emergency lighting, portable stop and tail lamps, a broom, shovel, fire
extinguisher (rating 4-8, C), a utility light, reflective triangles, a large pry-bar, covered trash cans with approved
absorbent, rags, unlocking equipment, dollies (boom trucks), chains, and/or tie downs
Wheel lift trucks will maintain at least 100 feet of cable and all safety equipment as required by the
manufacturer.
Tow vehicles must have a cable winch of sufficient size and capacity to retrieve vehicles that have gone off
traveled portions of roadways into inundated areas or other inaccessible locations. Winches must have visible
lD tags designating the model, make, serial number, and rated capacity.
All tow trucks used in City tows will be subject to a yearly inspection. This does not preclude the City from
conducting random inspections throughout the year.
16. Vehicleldentification
Tow vehicles shall display identification signs in compliance with section 27907 of the CVC. The Tow Operator
shall not display any sign or advertising material that indicates that his tow vehicles are an official police service
of the City.
17. Charqes and Fees to be collected from Reqistered Owners
All rates and charges shall be conspicuously posted in the office and in all tow vehicles. These rates shall quote
complete charges and fees with no additional fees to be added at a later date. These rates will be available for
review by City personnel and/or the person for whom tow service is provided All fees collected shall be itemized
and invoiced in DTS in accordance to section 22651.07 of the CVC. lt will be the Tow Operator's responsibility
to collect his bill for service, and the City will not be responsible in any way for these charges Storage fees will
be calculated on the calendar day except the first 24-hours which is counted as a single day in accordance with
California Civil Code (CCC) 3068.1 (see Attachment B). Allfees listed on the DTS invoice will be received in the
form of major credit card, debit card, or cash. All fees collected, both City and Tow Operator fees, must be
invoiced through the DTS system prior to release and at the time of payment. No credit card fees will be
charged pursuant to CVC section 22651 1 and CCC section 1748.1 for any portion of the fees The City
reserves the right to change all payment methods during the term of this agreement.
18. Lien Fees
At no time shall the City be charged a lien fee on a towed or impounded vehicle. No lien shall be attached to
any vehicle that has been impounded by the City until after seventy-two (72) hours from the time of storage as
listed in the DTS system have passed pursuant to section 22851.12 of fhe CVC. All lien transactions must be
entered into the DTS system by Tow Operator. Vehicles sold at lien sale shall abide by all laws relating to lien
sales. A vehicle held in impound by the City for thirty (30) days, shall not be sold at lien until such time as is
considered reasonable to allow the registered owner time to pay for and pick up the vehicle before it is sold at
lien, but under no circumstances before the thirty-fifth (35"') day after storage.
The Tow Operator shall abide by all applicable statutes and ordinances concerning disposal of unclaimed
vehicles, including but not necessarily limited to CVC sections 22670',22851: 22851.1; 22851.2; 22851 3',
2285 1 . 4', 2285 1 .6: 22851 .8', 22851 . 1 0, 2285 1 . 1 2 and 22852. 5.
As described in CVC section 22856, liability for despoliation of evidence shall not arise against the Tow
Operator that sells any vehicle at, or disposes of any vehicle after, a lien sale, as long as the Tow Operator can
show written proof that he was notified in writing by the City that the vehicle would not be needed as evidence in
a legal action. This proof may exist in the form of an official release in the DTS System or any other written
conveyance signed by a member of the City prior to the official, written release of the vehicle.
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19. Reasonableness and Validitv of Fees
Fees charged to the registered owner or any other person for response to calls originating from the City shall be
reasonable and not in excess of those rates charged for similar services provided in response to requests
initiated by any other public agency or private person. During the term of this agreement, the City shall conduct
an annual review each December of towing and storage fees of comparable cities and adjust rates set forth in
Attachment B by the first week of January of the following year.
20. Towinq Operation
All tows performed under this Agreement will be included in the flat rate charge as described in Attachment B.
No additional charges shall be charged without prior approval from the City and written notice is provided in the
DTS System. Any unapproved charges received outside the DTS System will result in immediate termination of
this Agreement and removalfrom the rotation list.
The Tow Operator shall base towing charges upon the class of vehicle being towed regardless of the class of
the truck used, except when vehicle recovery operations require a larger class truck. The Tow Operator may
refer to the tow truck classes and weight ratings as defined by the Towing & Recovery Association of America
(TRAA) vehicle identification guide.
21. Service Gall Rotation and Fees
The City shall establish a separate rotation list for Tow Operators willing to respond to service requests (out of
gas, lockouts, tire changes, etc.) Rates for a service requests shall not exceed one-half the flat rate charge for a
light duty truck response.
22. Gate Fees
No gate fees may be charged between B:00 a.m through 5:00 p.m. Monday through Friday, excluding State
recognized holidays as listed below:
New Year's Day
Martin Luther King Day
Presidents'Day
Cesar Chavez Day
Memorial Day
lndependence Day
Labor Day
Veterans'Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
An after hours gate fee may be charged at all other times. The gate fee is not to exceed fifty percent (50%) of
the flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal
property recovery that occurs outside normal business hours (excluding lien fees, storage fees, taxes, or other
additional fees.) The Tow Operator is responsible for assuring that proper gate fees are charged in accordance
with this section. Over charging gate fees will be considered a major violation as outlined in Section 30.
All towing and storage fees charged by the Tow Operator are the responsibility of the vehicle's owner and are
not the responsibility of the City. The exception would be evidentiary impounds made at the direction of City
personnel.
23. Gancelled Tow
The City shall not be liable to pay the Tow Operator or anyone else any charge or other fee for a call that does
not result in a chargeable service being rendered by Tow Operator ("Dry Run"). The cancelled Tow Operator
shall be placed back on the top of the rotation list and will receive the next tow in rotation.
24. Towed in Error
ln the event the City determines that an error has occurred in impounding a vehicle, it shall be immediately
released to the registered owner without charge and the Tow Operator will be placed back on the top of the
rotation list and will receive the next tow in rotation. ln addition, the Tow Operator will be given one extra tows
on the rotation list. Additional extra tows may be given at the discretion of the Tow Unit.
25. Release Fees
California law authorizes the recovery of funds required to enforce certain provisions of the CVC and promote
traffic safety on public roadways. This authorization falls under CVC section 22850.5 and further authorized by
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City resolutions. These resolutions are open to public view at the City and/or City offices and are on file with the
City's Traffic Bureau The Tow Operator will collect fees on the behalf of the City from the registered owner,
legal owner or agent of an impounded car.
A City administrative / franchise fee will be charged for the release of a vehicle that has been impounded by the
City. Fees will be established by an independent consulting firm to determine the City's costs associated with
impounding vehicles in accordance with CVC sections22850.5 and 12110(b). All vehicles impounded will be
charged an administrative / franchise fee for the release of the vehicle. This fee will be established and attached
to each vehicle in the DTS System. The City's administrative fees will be collected at the time of the release by
the Tow Operator. The Tow Operator will pay the City's franchise fees equivalent to the City's administrative
fees for every vehicle that is not picked up by the owner or agent. The Tow Operator will pay the City's
administrative / franchise fees for every City vehicle that was towed during the preceding month and will pay the
City no later than 12:00 p.m. on the 15th of the following month, regardless of the disposition of the vehicle. ln
the event that the 151n of the month falls on one of the State recognized holidays listed in Section 22 above, or a
weekend, the City's administrative/franchise fee must be paid by 12.00 p.m. on the following business day. Tow
Operators who fail to submit the City's administrative / franchise fees to the City by the 15' day of each month
will be immediately suspended from rotation until all fees are received, and will be subject to appropriate
disciplinary action and civil recourse. The City will keep a strict accounting of these fees through the DTS
System and frequent audits will take place to ensure accurate and timely payment of collected City
administrative / franchise fees. The fee will be listed as an item on the owner's / agent's DTS contractor invoice.
26. UnauthorizedRelease
Unauthorized release of an impounded vehicle, accidental or othenruise, having evidentiary value, not officially
released by the City, and determined to be the fault of the Tow Operator, will result in the issuance of a major
violation as set forth in this Agreement. The determination of such fault will be the responsibility of the City.
27. Release of Multi-Dav lmpounds
A vehicle impounded with a multiple day hold may only be released prior to the impound period with written
authorization by the City in the DTS System. The DTS System will automatically schedule the release of an
impounded vehicle.
28. Release of Vehicles
Vehicles may only be released through the DTS System. Once the DTS System authorizes the release of a
stored or impounded vehicle, it is the Tow Operator's responsibility for the vehicle's release. The Tow Operator
is hereby granted authority to release to the registered owner, legal owner, or authortzed representative,
pursuant to sectlon 22850.3 of the CVC At the time of release, the Tow Operator shall have the registered
owner, legal owner, or authorized representative taking possession of the vehicle sign a release indicating that
they are properly licensed and insured to drive a motor vehicle.
29. DisciplinarvAction
The Chief of Police, or hisiher designee, shall take disciplinary action against Tow Operators for violations
investigated and sustained. Unless otherwise noted, the Chief of Police, or his/her designee, will determine the
period of suspension and shall retain discretion regarding the length of any suspension imposed pursuant to the
terms and conditions of this Agreement. The City shall retain record of violations for at least the term of this
Agreement.
30. Maior violations
Major violations include any chargeable offense under Federal, State, Local Law and significant violations of this
Agreement. Such violations shall result in suspension or immediate termination of this Agreement The Chief of
Police, or his/her designee, reserves the right to impose longer periods of suspensions or immediate
termination, if deemed appropriate in his/her sole discretion. The Chief of Police, or his/her designee, reserves
the right to remove a Tow Operator from the tow rotation during the investigation of a major violation. A
reinstatement from suspension for a major violation will result in a five hundred dollar ($500.00) fee. Suspension
will not be lifted until the reinstatement fee is received by the Chief of Police or his/her designee. ln addition, a
major violation may also result in the Tow Operator's employee being removed from participation in this
Agreement. Examples of major violations include, but are not limited to:
. Physical assault, against public and/or law enforcement
. Verbal abuse against public and/or law enforcement
. Resisting arrest
. Tow Truck Driver under the influence of alcohol or illegal drugs
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. Charging rates that exceed those listed in Attachment B
. Vehicle released without authorization
. Unauthorized access to storage yard
r Theft
. Mishandling of vehicles stored as evidence
. Unauthorized driver responding to call
. Failure to provide information or change of status on any Tow Operator employee or staff
. Substantiated private party impound complaints
o Any Felony/Misdemeanor arrest
. Refusalto take a rotational tow
. Failure to utilize the DTS System for all City towing related matters
. Repeated late or nonpayment of City franchise fees
. Failure to properly secure storage yard
. Failure to obey a lawful order by law enforcement
31. Minor violations
Minor violations will be given to the Tow Operator in the form of a documented warning for the first violation The
second violation will be in the form of a documented reprimanded and a one hundred dollar ($100.00) fine
Repeated minor violations during the term of the Agreement may be treated as a major violation, and the Tow
Operator will be suspended or terminated from this Agreement. A reinstatement from suspension will result in a
five hundred dollar ($500.00) fee. Suspension will not be lifted until the reinstatement fee is received by the
Chief of Police or his/her designee. Examples of minor violations include, but are not limited to:
. Late payment of City franchise fees
. Tow truck drivers not wearing City issued l.D. cards/ proper uniform
. Unauthorized arrival time in excess of thirty (30) minutes, or forty-five (45) minutes during peak hours. Repeated rejection of dispatched calls
. Other violations of this Agreement not considered a major violation by the Chief of Police or his/her
designee. Unauthorizedride-a-long. Failure to respond to customers' needs
. Failure to maintain proper equipment
. Failure to clean up at a collision scene
. Vehicle code infractions
32. Hearinq/Appeal
Tow Operator must have a legal existing interest in the tow operation or entitlement subject to the City order,
citation, decision or determination to have standing to appeal a decision by the Chief of Police or his/her
designee. An appeal that fails to identify the appellant's standing may be rejected as defective,
ln the event FPD serves Tow Operator with disciplinary action amounting to anything less than a suspension
resulting from a minor violation, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow Unit.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension for thirty (30) days or
less resulting from a minor or major violation, the Tow Operator may request a hearing within fifteen (15)
calendar days by submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow
Unit. Upon receipt of a written request for an appeal, and at the discretion of the Chief of Police, or his/her
designee, the Tow Operator may be allowed to continue rotational tows until the final disposition of the appellate
hearing.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension in excess of thirty (30)
days, or termination of the TSA, the ïow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Administrative Hearing Officer by way of the City Manager's Office. The
written appeal shall be in compliance with FMC sections 1-407 and 9-1712. Notwithstanding any provision
within Chapter'1, Article 4 of the FMC, any person who appeals a suspension in excess of thirty (30) days, or a
termination of the TSA shall not be entitled to placement on the Tow Rotation List or to participate in tows until
such time as any appeal hearing has been concluded and the Administrative Hearing Officer finds that no
grounds for a suspension in excess of thirty (30) days, or a termination of the TSA has been established. Tow
Operator's remedy shall be limited to reinstatement on the tow rotation list in such case and no other
compensation or consideration will be allowed
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ATTACHMENT B
TOW FEES
Flat price per vehicle per call:
Light Duty Tow/Flatbed $ 184.00/Each
Medium Duty Tow $ Average CHP Rates Apply
Heavy Duty Tow $ Average CHP Rates Apply
Water Recovery: $ Average CHP Rates Apply
Technoloqy Fee:
DTS Software Fee per Vehicle Towed $ Charge listed in DTS Contract and DTS System
Storaqe Rates:
Passenger cars $ 45.00/per day
Motorcycles $ 45.00/per day
Trucks or Trailers $ Average CHP Rates Apply
lnside Storaqe Rates:
Passenger cars $ 55.00/per day
Motorcycles $ 55.00/per day
Trucks or Trailers $ Average CHP Rates Apply
Gate Fee: No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding
State recognized holidays as listed in the Agreement.
An after hours gate fee may be charged at all other times. The gate fee shall not exceed fifty percent (50%) of the
flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal property
recovery that occur outside normal business hours (excluding lien fees, storage fees, taxes, or other additional
fees).
Non-tow service calls (out of gas, lockouts, and flat tires) shall not exceed one-half the flat rate charge for a light
duty truck response.
City of Fresno Administrative / Franchise Fees:
Vehicle Collision Blocking a Roadway $ 60.00
lllegally Parked / Abandoned Vehicle $116.00
Unlicensed Driver / Expired Registration $189.00
Arrested./ Suspended Driver $266.00
DUI Driver $450.00
All fees listed on the DTS invoice will be received in the form of major credit card, debit card or cash. ,Vo
credit card fee will be charged pursuant to CVC section 22651.1 and CCC section 1748.1.
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CITY OF FRESNO
NON-EXCLUSIVE FRANCH¡SE TOW AGREEMENT
FOR FRESNO POLICE DEPARTMENT
This Non-exclusive Franchise Tow Agreement (TSA) is entered into effect on the 28th day of December 2014 set
forth below, at Fresno, California, between the City of Fresno, a municipal corporation (City) and Dennis Towing,
a sole proprietorship (the Tow Operator)
This Agreement, including all attachments, contains rules and regulations that a tow company agrees to comply
with in order to participate in the tow operations of the City of Fresno Police Department (FPD). Participation in
the FPD Rotation Tow Program (Tow Program) is voluntary Compliance with all of the terms and conditions of
the Agreement is mandatory for tow companies participating in the Tow Program. A Tow Operator, by agreeing
to participate in the Tow Program, is not acting as an agent for FPD or City when peÍorming services under this
Agreement.
',. Governinq Law and Venue
This Agreement shall be governed by, and construed enforced in accordance with, the laws of the State of
California excluding, however, any conflict of laws rule which would apply the law of another jurisdiction Venue
for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any
rights and duties hereunder shall be the County of Fresno, California.
2. Entire Aqreement
This Agreement, its attachments and exhibits, when accepted by the Tow Operator either in writing or
commencement of performance hereunder, contains the entire Agreement between the parties with respect to
the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth
herein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by
City in writing.
3. Amendments
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the
parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties;
and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in
writing.
4. Assiqnment or Sub Gontractinq
The terms, covenants, and conditions contained herein shall apply to the parties. Furthermore, neither the
performance of this Agreement nor any portion thereof may be assigned or subcontracted by Tow Operator
without the express written consent of City. Any attempt by Tow Operator to assign or subcontract the
performance or any portion of this Agreement without the express written consent of City shall be invalid and
shall constitute a breach of this Agreement.
5. PatenUGopvriqht Materials/Proprietarv lnfrinqement
Unless otherwise expressly provided in this Agreement, Tow Operator shall be solely responsible for obtaining a
license or other authorization to use any patented or copyrighted materials in the performance of this
Agreement. Tow Operator warrants that any Software as modified through services provided hereunder will not
infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Tow Operator
agrees that, in accordance with the more specific requirement below, it shall indemnify, defend and hold City
and City lndemnitees harmless from any and all such claims and be responsible for payment of all costs,
damages, penalties and expenses related to or arising from such claim(s), including, but not limited to,
attorney's fees, costs and expenses.
6. Non-Discrimination
ln the performance of this Agreement, Tow Operator agrees that it will comply with the requirements of section
1735 of the California Labor Code and not engage nor permit any Tow Operators to engage in discrimination in
employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, marital status, or sex of such persons. Tow Operator acknowledges that a
violation of this provision shall subject Tow Operator to all the penalties imposed for a violation of anti-
discrimination law or regulation, including but not limited to, section 1720 et seq. of the California Labor Code.
1
7. Termination
ln addition to any other remedies or rights it may have by law, City has the right to terminate this Agreement
without penalty immediately with cause and either party may terminate after thirty (30) days written notice
without cause, unless otherwise specified. Cause shall be defìned as any breach of this Agreement or any
misrepresentation or fraud on the part of the Tow Operator. Exercise by City of its right to terminate the
Agreement shall relieve City of all further obligation.
8. Consent to Breach Not Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or
consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any
party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver
of, or excuse for any other different or subsequent breach.
9. Remedies Not Exclusive
The remedies for breach set forth in this Agreement are cumulative as to one another and as to any other
provided by law, rather than exclusive; and the expression of certain remedies in this Agreement does not
preclude resort by either party to any other remedies provided by law.
10. lndependent Tow Operator
Tow Operator shall be considered an independent Tow Operator and neither Tow Operator, its employees nor
anyone working under Tow Operator shall be considered an agent or an employee of City. Neither Tow
Operator, its employees nor anyone working under Tow Operator, shall qualify for workers' compensation or
other fringe benefits of any kind through City
11. Performance
Tow Operator shall perform all work under this Agreement, taking necessary steps and precautions to perform
the work to City's satisfaction. Tow Operator shall be responsible for the professional quality, technical
assurance, timely completion, and coordination of all documentation and other goods/services furnished by Tow
Operator under this Agreement. Tow Operator shall: perform all work diligently, carefully, and in a good and
workman-like manner; furnish all labor, supervision, machinery, equipment, materials, and supplies necessary
therefore; at its sole expense obtain and maintain all permits and licenses required by public authorities,
including those of City required in its governmental capacity, in connection with performance of the work, and, if
permitted to subcontract, be fully responsible for allwork performed by sub-Tow Operators.
12. lndemnification
A) Tow Operator shall indemnify, hold harmless and defend City and each of its officers, officials,
employees, agents and authorized volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to
personal injury, death at any time and property damage) incurred by City, Tow Operator, or any
other person, and from any and all claims, demands and actions in law or equity (including
attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of
performance of this Agreement. Tow Operatois obligations under the preceding sentence shall
apply regardless of whether City or any of its officers, officials, employees, agents or authorized
volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or
damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any
of its officers, officials, employees, agents or authorized volunteers.
B) lf Tow Operator should subcontract all or any portion of the work to be performed under this
Agreement, Tow Operator shall require each subcontractor to indemnify, hold harmless and defend
City and each of its officers, officials, employees, agents and authorized volunteers in accordance
with the terms of the preceding paragraph.
C) This section shall survive termination or expiration of this Agreement.
13. lnsurance
A) Throughout the life of this Agreement, Tow Operator shall pay for and maintain in full force and
effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted
by the California lnsurance Commissioner to do business in the State of California and rated not
less than "A-Vll' in Best's lnsurance Rating Guide, or (ii) authorized by City's Risk Manager The
following poficies of insurance are required:
2
5)
B)
1) COMMERCIAL GENERAL LIABILITY insurance which shall be on the most current version of
lnsurance Services Office (lSO) Commercial General Liability Coverage Form CG 00 01 and
include insurance for "bodily injury," "property damage" and "personal and advertising injury"
with coverage for premises and operations, products and completed operations, and
contractual liability (including, without limitation, indemnity obligations under the Agreement)
with limits of liability of not less than $1,000,000 per occurrence for bodily injury anð property
damage, $1,000,000 per occurrence for personal and advertising injury and 92,000,00ö
aggregate for products and completed operations and $2,000,000 general aggregate
2) GARAGEKEEPERS LEGAL LIABILITY insurance which shall include coverage for vehicles in
the care, custody, and control of the Tow Operator with limits of liability of not less than
$120,000 per occurrence for property damage.
3) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be on the most current
version of lnsurance Service Office (lSO) Business Auto Coverage Form CA 0O 01, and
include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles
(Code '1- Any Auto) with limits of not less than $1,000,000 per accident for bodily injury and
property damage
4) ON-HOOIICARGO insurance which shall include coverage for vehicles in tow with limits of
liability based on the size of the tow truck, which are as follows:
a) ClassA/Btowtruck... .....$120,000b) Class C tow truck... ..... .. ...$200,000c) Class D tow truck... .$300,000
WORKERS' COMPENSATION insurance as required under the California Labor Code and
EMPLOYERS' LIABILITY insurance with minimum limits of $1,000,000 each accident, $1,000,000
disease policy limit and $1,000,000 disease each employee.
Tow Operator shall be responsible for payment of any deductibles contained in any insurance
policies required hereunder and Tow Operator shall also be responsible for payment of any self-
insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate
of lnsurance and approved by the City's Risk Manager or his/her designee. At the option of the
City's Risk Manager, or his/her desrgnee, either.
1) The insurer shall reduce or eliminate such deductibles or self-insured retention as
respects City, its officers, officials, employees, agents and volunteers; or
2) Tow Operation shall provide a financial guarantee, satisfactory to City's Risk Manager, or
his/her designee, guaranteeing payment of losses and related investigations, claim
administration and defense expenses. At no time shall City be responsible for the payment of
any deductibles or self-insured retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30)
calendar days written notice in favor of City of policy cancellation, change or reduction of coverage,
except for the Workers'Compensation policy which shall provide ten (10) calendar days written
notice of such cancellation, change or reduction of coverage. ln the event any policies are due to
expire during the term of this Agreement, Tow Operator shall provide a new certificate and all
applicable endorsements evidencing renewal of such policy prior to the expiration date of the
expiring policy(ies) to the Chief of Police, or his/her designee, and the City's Risk Division Upon
issuance by the insurer, broker, or agent of a notice of cancellation, change or reduction in
coverage, Tow Operator shall file with the Chief of Police, or his/her designee, and the City's Risk
Division, a new certificate and all applicable endorsements for such policy(ies).
The General Liability, Automobile Liability and Garagekeepers Legal Liability insurance policies
shalf be written on an occurrence form and shall name City, its officers, officials, agents, employees
and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so-Tow
Operator's insurance shall be primary with respect to the City, its officers, officials, employees,
agents and authorized volunteers with no contribution required of City. Any Workers' Compensation
insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents,
c)
D)
J
employees and author¡zed volunteers. Tow Operator shall have furnished City with the certificate(s)
and applicable endorsements for ALL required insurance prior to City's execution of the Agreement.
E) The fact that insurance is obtained by Tow Operator shall not be deemed to release or diminish the
liability of Tow Operator, including, without limitation, liability under the indemnity provisions of this
Agreement. City shall apply to all claims and liability regardless of whether any insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by Tow Operator. Approval or purchase of any insurance contracts or policies shall in no
way relieve from liability nor limit the liability of Tow Operator, its principals, officers, agents,
employees, persons under the supervision of Tow Operator, vendors, suppliers, invitees,
consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of
them.
F) Upon request of City, Tow Operator shall immediately furnish City with a complete copy of any
insurance policy required under this Agreement, including all endorsements, with said copy certified
by the underwriter to be a true and correct copy of the original policy. This requirement shall survive
expiration or termination of this Agreement
G) lf at any time during the life of the Agreement or any extension, Tow Operator fails to maintain the
required insurance in full force and effect, all work under this Agreement shall be discontinued
immediately until notice is received by City that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory to City.
Any failure to maintain the required insurance shall be sufficient cause for City to terminate this
Agreement.
H) lf Tow Operator should subcontract all or any portion of the work to be performed, Tow Operator
shall require each subcontractor to provide insurance protection in favor of the City, its officer,
officials, employees, agents and authorized volunteers in accordance with the terms of each of the
preceding paragraphs, except that the subcontractors certificates and endorsements shall be on fìle
with the Tow Operator and City prior to the commencement of any work by the subcontractor.
14. Bills and Liens
Tow Operator shall pay promptly all indebtedness for labor, materials, and equipment used in performance of
the work. Tow Operator shall not permit any lien or charge to attach to the work or the premises, but if any does
so attach, Tow Operator shall promptly procure its release and indemnify, defend, and hold City harmless and
be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related
thereto.
15. Chanqe of Control
Tow Operator agrees that if there is a change or transfer in ownership or control of the Tow Operator's business
prior to completion of this Agreement, unless such change or transfer is to "immediate family" as defined in
Fresno Municipal Code (FMC) section 3-101(e) and approved in writing by the Chief of Police, or his/her
designee, such change or transfer shall terminate this Agreement. This includes but is not limited to changes in:
Corporate Board Members, Managers, Directors, Treasurer, Trustees, or ownership interests. All changes or
transfers to "immediate family" must be approved by the Chief of Police, or his/her designee, prior to such
change or transfer in order for the Tow Operator to remain on the tow services list. Final written approval or
disapproval for the change or transfer in ownership or control will be given by the Chief of Police or his/her
designee. All "immediate family" members involved in the potential transfer and operation of the Tow Operator
shall be required to undergo a background check, review, and "Livescan" fingerprint screening. The "immediate
family" members involved in the change or transfer of ownership or control must also possess and keep current
all licensing certificates and insurance as required in this Agreement The "immediate family" members who will
operate or othenryise be legally responsible for the Tow Operator will be required to execute a new TSA.
A) Tow Operator owners shall be directly involved in the day{o-day operations of their
business and shall not be dírectly involved in the towing-related business of any other tow
company on, or applicant for, the Tow Rotation List. Co-mingling of operations, business,
offices, board members, and finances ís strictly proh¡bited.
B) lf terminated or suspended, Tow Operator andlor its owner at the time of the suspension or
termination, shall not be eligible for a rotation listing for the duration of the suspension or
termination. This section applies to the Tow Operator working in any capacity within any tow
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business or operating any tow business and to the tow business even if operated under new
ownership.
C) Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow
Rotation List, excluding equipment which may be unavailable due to repairs or when there is a need
for equipment replacement and written approval is obtained from the Chief of Police or his/her
designee.
16. Force Maieure
Tow Operator shall not be in breach of this Agreement caused by any act of God, war, civil disorder,
employment strike or other cause beyond its reasonable control, provided Tow Operator gives written notice of
the cause of the delay to City within thirty-six (36) hours of the start of the delay and Tow Operator avails itself of
any available remedies.
17. Confidentialitv
Tow Operator agrees to maintain the confidentiality of all City and City-related records and information pursuant
to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term
of this Agreement. All such records and information shall be consldered confidential and kept confidential by
Tow Operator and Tow Operator's staff, agents and employees.
18. Compliance with Laws
Tow Operator represents and warrants that services to be provided under this Agreement shall fully comply, atTow Operator's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and
regulations, including, but not limited to those issued by City in its governmental capacity and all other laws
applicable to the services at the time services are provided to and accepted by City. Tow Operator
acknowledges that City is relying on Tow Operator to ensure such compliance (collectively Laws). Tow Operator
agrees that it shall defend, indemnify and hold City and City lndemnitees harmless from alt liability, damages,
costs, and expenses arising from or related to a violation of Laws.
19. Pricinq
The Agreement price shall include full compensation for providing all required services in accordance with the
Scope of Work attached to this Agreement, and no additional compensation will be allowed therefore, unless
otherwise provided for in this Agreement. Tow Operator shall pay the City Franchise Fees as listed in
Attachment "8", or "City Administrative / Franchise Fees", in accordance with Parag raph 25 of Attachment "A".
20. Terms and Conditions
Tow Operator acknowledges that the undersigned has read and agrees to all terms and conditions included in
this Agreement.
21. Severabilitv
lf any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired or invalidated thereby.
22. Calendar Davs
Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless
otherwise expressly provided.
23. Attornev Fees
lf either party is required to commence any proceeding or legalaction to enforce any term, covenant or condition
of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other
party its reasonable Attorney's fees and legalexpenses.
24. lnterpretation
This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in
the matters dealt with in this Agreement. ln addition, each party has been represented by experienced and
knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel
despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have
not been influenced to any extent whatsoever in executing this Agreement by any other party hereto or by any
person representing them, or both. Accordingly, any rule or law (including California Civil Code section 1654) or
legal decision that would require interpretation of any ambiguities in this Agreement against the party that has
5
drafted it is not applicable and is waived The provisions of this Agreement shall be interpreted in a reasonable
manner to affect the purpose of the parties and this Agreement.
25. Authoritv
The parties to this Agreement represent and warrant that this Agreement has been duly authorized and
executed and constitute the legally binding obligation of their respective organization or entity, enforceable in
accordance with its terms
26. Emplovee Eliqibilitv Verification
Tow Operator warrants that it fully complies with all Federal and State statutes and regulations regarding the
employment of aliens and others and that all its employees performing work under this Agreement meet the
citizenship or alien status requirement set forth in Federal statutes and regulations. Tow Operator shall obtain,
from all employees performing work hereunder, all verification and other documentation of employment eligibility
status required by Federal or State statutes and regulations including, but not limited to, the lmmigration Reform
and ControlAct of 1986, 8 U S.C. 51324 et seq., as they currently exist and as they may be hereafter amended
Tow Operator shall retain all such documentation for all covered employees for the period prescribed by the law.
Tow Operator shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its
agents, officers, and employees from employer sanctions and any other liability which may be assessed against
Tow Operator or City or both in connection with any alleged violation of any Federal or State statutes or
regulations pertaining to the eligibility for employment of any persons performing work under this Agreement.
27. Additional Terms and Conditions
A) Term of Agreement: This Agreement shall commence on December 28, 2014, and shall be
effective for three (3) years from that date, unless otherwise terminated by City.
B) Fiscal Appropriations: This Agreement is subject to and contingent upon applicable budgetary
appropriations being made by the City for each year during the term of this Agreement. lf such
appropriations are not forthcoming, the Agreement will be terminated without penalty. Tow
Operator acknowledges that funding or podions of funding for this Agreement may also be
contingent upon the receipt of funds from, and/or appropriation of funds by City. lf such funding
and/or appropriations are not forthcoming, or are othen¡vise limited, City may immediately terminate
or modify this Agreement without penalty.
C) Gonflict of lnterest (Tow Operator): Tow Operator shall exercise reasonable care and diligence to
prevent any actions or conditions that result in a conflict with the best interest of City. This
obligation shall apply to Tow Operator, Tow Operator's employees, agents, relatives, and third
parties associated with accomplishing the work hereunder. Tow Operator's efforts shall include, but
not be limited to, establishing precautions to prevent its employees or agents from making,
receiving, providing, or offering gifts, entertainment, payments, loans, or other considerations which
could be deemed to appear to influence individuals to act contrary to the best interest of City.
D) Tow Operator Work Hours and Safety Standards: Tow Operator shall ensure compliance with all
safety and hourly requirements for employees, in accordance with federal, state, and City safety
and health regulations and laws.
E) Orderly Termination: Upon termination or other expiration of this Agreement, each party shall
promptly return to the other party all papers, materials, and other properties of the other held by
each for purposes of execution of the Agreement. ln addition, each party will assist the other Party
in orderly termination of this Agreement and the transfer of all aspects, tangible and intangible, as
may be necessary for the orderly, non-disruptive business continuation of each party.
F) Reprocurement Costs: ln the case of default by Tow Operator, City may procure the service from
other sources and, if the cost is higher, Tow Operator will be held responsible to pay City the
difference between the Agreement cost and the price paid. City may make reasonable efforts to
obtain the prevailing market price at the time such services are rendered. This is in addition to any
other remedies available under law.
G) Authorization Warranty: Tow Operator represents and warrants that the person executing this
Agreement on behalf of and for Tow Operator is an authorized agent who has actual authority to
bind Tow Operator to each and every term, condition, and obligation of this Agreement and that all
requirements of Tow Operator have been fulfilled to provide such actual authority.
6
28.
H) Notices: Any and all notices permitted or required to be given hereunder shall be deemed duly
given (1)upon actualdelivery, if delivery is by hand; or(2) upon delivery by the United States mail if
delivery is by postage paid registered or certified return receipt requested mail; or (3) through
electronic means such as, email or the Dispatch & Tracking Solutions Software System (DTS).
l) Data - Title to: All materials, documents, data or information obtained from City data files or any
City medium furnished to Tow Operator in the performance of this Agreement will at all times remain
the property of City. Such data or information may not be used or copied for direct or indirect use
by Tow Operator after completion or termination of this Agreement without the express written
consent of City. All materials, documents, data or information, including copies, must be returned to
City at the end of this Agreement.
J) Usage: No guarantee is given by City to Tow Operator regarding usage of this Agreement. Usage
figures, if provided, are approximate, based upon the last usage Tow Operator agrees to supply
services and/or commodities requested, as needed by City, at prices listed in the Agreement,
regardless of quantity requested.
K) Tow Operator's Records: Tow Operator shall keep true and accurate accounts, records, books
and data which shall correctly reflect the business transacted by Tow Operator in accordance with
generally accepted accounting principles These records shall be stored at the Tow Operators
principal place of business for a period of three (3) years after final payment is received by City
L) Audits/lnspections: Tow Operator agrees to permit City's authorized representative (including
auditors from a private auditing firm hired by City) access during normal working hours to all books,
accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose
of auditing or inspecting any aspect of performance under this Agreement. The inspection and/or
audit will be confined to those matters connected with the performance of the Agreement including,
but not limited to, the costs of administering the Agreement. City reserves the right to audit and
verify Tow Operator's records before or after final payment is made.
Tow Operator agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of records retention is stipulated under this Agreement or
by law. Tow Operator agrees to allow interviews of any employees or others who might reasonably
have information related to such records. Further, Tow Operator agrees to include a similar right to
City to audit records and interview staff of any sub-Tow Operator related to performance of this
Agreement.
M) Should Tow Operator cease to exist as a legal entity, Tow Operator's records pertaining to this
Agreement shall be forwarded to the Chief of Police or his/her designee.
Disputes-Aqreement
A) The Parties shall deal in good faith and attempt to resolve potential disputes informally.
1) Tow Operator shall submit to the Chief of Police, or his/her designee, a written demand for a
final decision regarding the disposition of any dispute between the parties arising under,
related to, or involving this Agreement, unless City, on its own initiative, has already rendered
such a final decision.
2) Tow Operator's written demand shall be fully supported by factual information, and, if such
demand involves a cost adjustment to the Agreement, Tow Operator shall include with the
demand a written statement signed by a senior official indicating that the demand is made in
good faith, that the supporting data are accurate and complete, and that the amount
requested accurately reflects the Agreement adjustment for which Tow Operator believes City
is liable.
B) Pending the final resolution of any dispute arising under, related to, or involving this Agreement,
Tow Operator agrees to diligently proceed with the performance of this Agreement. Tow Operator's
failure to diligently proceed shall be considered a material breach of this Agreement.
C) Any final decision of City shall be expressly identified as such, shall be in writing, and shall be
signed by the City Hearing Administrative Officer, or Chief of Police, or his/her designee, as
applicable. lf City fails to render a decision within ninety (90) days after receipt of Tow Operator's
-7 -
demand, it shall be deemed a final decision adversé to Tow Operator's contentions. City's final
decision shall be conclusive and binding regarding the dispute unless Tow Operato, commences
action in a court of competent jurisdiction.
29. Breach of Aqreement
The failure of the Tow Operator to comply with any of the provisions, covenants or conditions of this Agreement
shall be a material breach of this Agreement. ln such event the City may, and in addition to any other iemedies
available at law, in equity, or othenryise specified in this Agreement, undertake any of the individual actions or
any combination of the following actions:
1) Afford the Tow Operator written notice of the breach and ten calendar days or such
shorter time that may be specified in this Agreement within which to cure the
breach;
2) Suspend and/or remove Tow Operator from the rotation;
3) Terminate the Agreement immediately, without any penalty.
The Parties hereto have executed this Agreement
TOW OPERATOR*:
BY:Title:
Print Name:Date:
*lf a corporation or limited liability company, the document must be signed by two corporate officers. The first signaturemust be either the Chairman of the Board, President, or any Vice President. The second signature must be thesecretary, an assistant secretary, the Chief Financial Officer, or any assistant treasurers. tn the ãfternative, a singlesignature is acceptable when accompanied by a corporate document demonstrating the legal authority of thesignature to bind the company.
APPROVED AS TO FORM
DOUGLAS T. SLOAN
City
Date:
Date:
H.øt
ATTEST:
WONNE SPENCE, CMC
City Clerk
By:: Date:
CITY OF FRESNO.
I
tz/zzf t I
ATTACHMENT A
SCOPE OF WORK
1. Scope of Work
Tow Operator shall perform the towing, and storage of vehicles as directed by the City, and in addition, such
other services as provided in this Scope of Work, and shall provide necessary storage facility, tow vehicles,
labor, materials, equipment, machinery, and tools. The Tow Operator shall comply with all
-State
laws and
regulations, applicable to tow units and impound, towing, storage, selling or junking of vehicles Tow operators
must follow all guidelines set forth by equipment manufactures recommendations as to their use and care of all
towing related equipment. All permits and licensing fees as specified under Catifornia Vehicle Code (CVC)
sections 34620 through 34624 shall be in full force and effect at all times during this Agreement. Any violaiion of
this section will be considered a material breach of the Agreement and may result in immediate termination of
this Agreement.
2. Towinq Services and Duties
It shall be the duty of the Tow Operator, when so directed by the City, to provide prompt tow service for vehicles
which are taken into custody by the City. This includes vehicles involved in collisions or disabled by any other
cause, abandoned in public places or on private property. Vehicles impounded for evidence, impeding tñe flowof traffic, or which for any other reason, are within the jurisdiction of the FPD As required by ìaw, Tow
Operators are to remove from the street all debris resulting from said collisions and to clean the immediate area
of such street (CVC section 27700(a)(1)). lt shall also be the duty to provide for the safety and security of those
vehicles and the contents thereof These duties are inherent to the job and are to be included in the piice of the
basic tow bill.
The tow truck operator shall provide a business card to the registered owner or driver for the vehicle being
towed. The business card shall contain the name, address and phone number of the tow company as well as
the link to the vehicle search system in DTS as follows: www.findmytow.com
Tow truck operators and/or drivers will not be permitted to drive an impounded or recovered stolen vehicle or
vehicle intended for storage from a FPD rotation call or special operation. Any exceptions must be at the
direction of the FPD officer in charge of the scene and should be limited to repositioning the vehicle to allow for
towing.
The City has designated two (2) tow companies for evidence impound tows and no other rotation tow company
shall maintain custody over these vehicles at any time. lf an otficer impounds a vehicle for evidence and a non-
preference rotational tow is dispatched, it is the responsibility of the tow driver to verify with the officer on scene
as to whether a vehicle is to be held for evidence. lf it is determined that the vehicle is to be held for evidence,
the tow driver must immediately notify the officer on scene that the company is not authorized to handle
evidence impounds and an evidence tow company shall be dispatched. Tow Operator shall then contact the
Tow Unit on the same business day, or within the next business day if such tow occurs after regular business
hours. Acceptance of an evidence tow by a non-designated evidence tow company will result in disciplinary
action and full financial responsibility for all tow and storage fees for each violation.
lf terminated or suspended, Tow Operator and/or owner at the time of the suspension or termination, shall not
be eligible for a rotation listing for the duration of the suspension or termination. This provision applies to the
Tow Operator working in any capacity within any tow business or operating any tow business and'to the tow
business even if operated under new ownership.
Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow Rotation List,
excluding equipment which may be unavailable due to repairs or when there is a need for equipment
replacement and written notice has been obtained from FPD.
3. Special Operations
FPD conducts special operations coordinated through the Traffic Bureau throughout the year that requires tow
companies at the location of the special operation. Tow companies on the Tow Rotation List that are in good
standing with FPD may be invited to participate in these operations, provided they are willing to remain w¡tñ tne
special operation until its conclusion and forfeit any rotational tow calls (FPD, California Highway patrol, or
other) received during the duration of the operation. "Good standing" shall mean that Tow Operator has not
violated, or is not in violation of the terms of this Agreement, the provisions of the FMC, State, or Federal law.
All special operations tows will be subject to the provisions of this Agreement. Tow Operator shall respond to a
I
special operation with a flatbed tow truck with the capability of towing (2) vehicles. No ride alongs will be allowed
on any special operations unless the ride along is the Tow Owner or a Tow Driver who is in training and has
been approved by FPD
4. Siqnaqe and hours of Operation
The storage yard or business office shall have a sign that clearly identifies it to the public as a towing service
The sign shall have letters that are clearly visible to the public from the street and must be visible at iignt All
storage facilities must be accessible to City personnel twenty-four (24) hours per day and seven (7) dãys perweek The Tow Operator will provide customer service twenty-four (24) hours per day and seven (7) days per
week for the release of vehicles.
Tow Operator shall provide at least one person at a call station to respond and release vehicles within thirty (30)
minutes. Tow Operator shall maintain all signage required pursuant to CVC sections 22BSO.3 and ZZAiSl.Ol
and include an after-hours contact phone number for Tow Operator.
5. Response Time
Tow Operator shall respond to calls twenty-four (24) hours a day, seven (7) days a week, within the maximum
response time limits as established by the Chief of Police or his/her designee A reasonable response time is
thirty (30) minutes or less, except during peak hours of 7:00 a.m to 9:00 a.m. and 4.00 p.m. to 6:00 p.m ,(Monday through Friday), when the required response time will be extended to forty-five (45) minutes or less.
Tow Operator shall respond with a tow truck of the class required to tow the veñicle specified by the DTS
System.
6. Non-Response
The Tow Operator shall update the DTS System at the time of dispatch to a tow rotation request. lf the Tow
Operator is either unable to respond or unable to meet the maximum response time, the tow operator shall
immediately update the DTS System accordingly. lf, after accepting the call, the Tow Operator is unable torespond or will be delayed in responding, the Tow Operator shall immediately update the DTS system
accordingly.
esponse. Each non-response will be immediately
e logged by the DTS System and reviewed by the
than the Tow Operator, the Tow Operator will be
portunity in line.
One such breach, determined to be the fault of the Tow Operator, will be grounds for written reprimand which
may be subsequent to a meeting between the Tow Operator and the City. A second breach may
'be
grounds fora (30) thirty-day suspension of this Agreement. A third violation will be considered a material brãach of the
Agreement and may result in immediate termination of this Agreement
ln the case of suspension ortermination, allvehicles then in storage atthe time of the suspension ortermination
remain protected under this Agreement as City's impounds and the Tow Operator is so bound The City will
have the option to remove and/or transfer stored vehicles.
When a Tow Operator will be temporarily unavailable to provide services due to preplanned/scheduled activity,
such as a vacation, maintenance, medical leave, etc., the Tow Operator will notify City in writing via the DTS
system at least forty-eight (48) hours in advance. City reserves the right to deny these requests to maintain
adequate service levels for tow operations Failure to notify the City will be considered a non-response and a
material breach of this agreement.
7. StoraqeResponsibilities
It shall be the duty of the Tow Operator to provide impound and other storage service for all vehicles as directed
by the City. The Tow Operator shall be responsible for all vehicles, accessories and equipment thereon and all
personal property therein stored by Tow Operator. lt shall be the Tow Operators' duty to protect such stored
vehicles, accessories, equipment, and property against all loss or damage by fire, theft or other causes. The
Tow Operator will have available for review by City personnel, all permits and proof of compliance to all local
zoning, special use, conditional use and special requirements, laws and regulation. lt is the responsibility of the
Tow Operator to ensure vehicles are stored in a secured facility.
8. Size and Location of Storaqe Facilitv
The tow yard shall be located within the City of Fresno's "Metropolitan Area " Metropolitan area is defined as
within the borders of Copper Avenue to the north, American Avenue to the south, DeWolf Avenue to the east,
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and Chateau Fresno to the west Tow Operator shall be responsible for the security of vehicles and property atthe place of storage. At a minimum, a six (6) foot fence or enclosed secured area is required ior'outside
storage. A minimum of 5,000 square feet, or room for twenty (20) vehicles shall be provided. All tow yards
located with the City of Fresno shall be in compliance with the FMC, current Directors Class #208 and shall
follow the current Development and Resource Management Department's Policy and Procedure C-002. lf the
tow facility is located outside the City of Fresno, the tow operator is required to provide written proof that theyard is in compliance with the authorizing jurisdiction Tow Operator is responsible for the reasonable care,
custody, and control of any property contained in towed or stored vehicles. The storage facility and business
office will be located at the primary storage yard and shall be maintained in a functiónal, cleãn and orderly
fashion. The facility shall have a telephone, on-site fax machine and the necessary computer equipment toproperly run DTS software and to send and receive email.
ln the event of criminal activity at a storage facility, the City may require the Tow Operator to take measures toassist in preventing such crimes These measures could include, but are not limited to: the yard being
illuminated during darkness, with security type lighting, to such a degree that visual observation oi the entireyard may be accomplished at all times, improved fencing and/or security patrols
All vehicles stored or impounded as a result of a tow ordered by the City shall be towed direc¡y to a towing
service storage lot unless the City, or in the case of a citizen's assist, a person legally in charge of tne ven¡cle,
requests that it be taken to some other location.
All vehicles towed as a result of action taken by the City will be stored at the Tow Operator's principal place of
business unless directed otheruvise by the City's Tow Coordinator. Vehicles stored at an auxiliary storagä facilitywill be considered a breach of this Agreement. The Tow Operator shall not remove personal-propeñy from astored vehicle. lf the registered owner removes personal property from a stored vehicie, the Tow òpeiator willmaintain documentation of such and will require a signed receipt from the registered owner for property
released. The Tow Operator shall immediately notify the City if any contrabañd, weapons or hazardous
materials are found in the vehicle(s).
9. Enclosed Facilitv
The Tow Operator may maintain, without charge to the City or any other person, separate and enclosed garage
facilities no less than 1,000 square feet of clean working space. The facility must be constructed to include aroof and at least four walls of substantial design to withstand the elements and protect the vehicles from theweather The facility should have a concrete floor and sufficient lighting. This inside facility must be located atthe Tow Operator's primary storage yard. This inside facility is not required to qualify for tfie City's rotation,
however, when inside storage is requested for a particular vehicle, the next Tow Opeiator in line meeting the
needs of the City's request will be used.
10. DTS Requirements
Tow Operator shall utilize the most recent, updated and upgraded DTS software program, to dispatch and track,via a web-based lnternet connection. Tow Operators will be required to enter the towed vehicle information asinstructed by the City. At no time will a vehicle be released, subject to lien, or junked from impound without all
required data fields being entered into the DTS system by the Tow Operator. The Tow Operator shall clearly
identify and enter into DTS the name of the person to whom the vehicle was actually released. All City tow
requests shall be made utilizing this program. Failure at any time to have the DTS progiam in full operation shallcause the immediate removal of the Tow Operator from the tow rotation and be grounds for immediate
termination by City. Tow Operator must enter into a separate agreement, or license for the DTS softwareprogram with the owner of that proprietary software. The City shall not provide the DTS software program, any
licensing or sub-licensing thereof or any intermediary services for the procurement by Tow Operatðr oi tf'e'OtS
software program. This Agreement shall not be executed by the City until Tow Operator has demonstrated tothe City's satisfaction compliance with the requirements set forth herein Tow Operator shall be liable for all
fees, charges, prices, rates and service charges required from DTS. DTS shall be utilized in "real time" and all
entries should reflect as such. lnvoices shall be used from DTS when releasing vehicles and be pursuant to
section 22651.07 of the CVC. The only Tow Operator personnel authorized to utilize and access DTb are those
that have fully complied with the provisions set forth in Section 12, "Tow Operator Personnel" of this Agreement.lf the Tow Operator is not in FULL compliance with the above stated requirement, the Tow Operaiôr will be
removed from the City towing rotation. ln the event that DTS fails to provide software services, or the City electsto utilize a new software provider, the Tow Operator will be required to use the replacement towing software
system. lf that occurs, all references to DTS in this Agreement shall instead be interpreted as refereñces to the
new software program.
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'11. Official Notification bv Citv Reqardinq Tow
Official notification by City regarding tow services is considered any form of written, email, verbal instructions ornotifications received from an authorized City employee or electronic notice from the DTS program. lf the TowOperator receives verbal instructions or notifications from a City employee the Tow Operaior must respond toCity, by 5:00 p.m. (PST) on the next business day.
12. Tow Operator Personnel
A.) Conduct
The Tow Operator shall perform the services req
obtain and keep the confidence of the public.
employee of the Tow Operator exhibit any of
uncooperative, argumentative, threatening, inco
employee, or with any member of the public.
assignment, if in the opinion of the City, the Tow Operator is acting in a rude, uncooperative,arg competent or dangerous manner. The City also reserves the right to cancelan if in the opinion of the City the Tow Operator is likely to damagã the vehiclefor called. Other examples of unacceptable behavior include but ãre not limitedto: age, disconnecting telephone calls for public inquiries regarding a tow,threatening, aggressive, or assertive language, failure to provide timely information oidocuñents inresponse to a public or City inquiry, lack of respect to any City personnel or member of the public,
destruction or damaging of evidence, failure to comply with the rèasonable request of a member of thepublic, failure to release vehicle in a timely manner, failure to make appointmênt for release of vehicleduring evening or weekend hours, failure to promptly be on site at time of appointment for release ofvehicle during evening or weekend hours, impeding an investigation or any oth'er conduct which the Citydeems unprofessional.
lf the Tow Operator is found to be in violation of this conduct clause, the City will cancel the Tow Operatorand request the next Tow Operator in rotation. Any such behavior as set forth above shall be considereda material breach of this Agreement and may be grounds for immediate suspension or immediatetermination by the City, without penalty.
B.) PersonnelAppearance
Tow Operators shall be required to furnish their employees with a distinctive company uniform Eachuniform shall have the firm's name, as well as the employee's name, in a conspicuoui place The towcompany's name and driver's first name shall be clearly visible at all times, meaning that protective orinclement weather outer garments must meet this standard. Each employee shall have sufficient uniformsso as to maintain a neat, clean appearance at all times. Minimum requirements for uniforms include ashirt, long pants, and appropriate safety shoes. All drivers shall be in uniiorm before any towing or serviceoperation begins. No wording, designs, photos, gestures, or anything that could be considere-d offensiveor obscene to the general public shall be displayed by the Tow Operators or on any part of the uniform,Dress standards are required in order to project a professional and positive image to ihe public.
All employees must be neat, clean and well groomed in appearance. ln order to ensure a professional
appearance, all tattoos must be concealed by operators while working. Personnel will be required toconceal any tattoos with gloves, collars,.long sleeves, or by other meañs acceptable to the City. Facialtattoos of any variety are not permitted. No facial piercings shall be worn while on duty.
Drivers shall wear safety vests or reflectorized clothing that conforms to Occupational Safety and HealthAdministration (OSHA) requirements. Alternatively, the OSHA safety requirements may be incorporated
into the uniform, jacket, or rain gear, as long as these items are worn as the outermost gàrment.
C.) UnlawfulActivitvTh hall not be involved, nor shall the Tow Operator or its employeesbe activity whether verbal, written or conveyed in any other manner,an may be construed as unlawful. lf the City deems the involvementto y terminate this Agreement.
The Tow Operator shall not provide any direct or indirect commission, gift or any compensation to anyperson or public or private entity, in consideration of arranging or requesting the services of a tow truck asprovided in section 12110 of the CVC.
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No Tow Operator will be involved or solicit any compensation of any kind including but not limited to
involvement with any other company or business that might result in income or consideration as a result of
any activity initiated by the City
An example of such a prohibited involvement could include but is not limited to: financial reimbursement
by auto-body repair business for referrals, or towing directly from the scene of a collision to the auto-body
shop without prior unsolicited approval or request by the registered owner, driver or insurance corpany
representative of the damaged vehicle; kickback to or from a security company or homeowner'å
association for "finding" or towing a vehicle from a location, whether private property, public, off streetparking facility or a public roadway Violation of this provision shall be grounds for immediate termination
by City, without penalty.
D ) Personnel Licenses
Tow Operators providing services under this Agreement, including tow truck drivers, dispatchers and other
office personnel, will have sufficient knowledge, experience and capability to ensure safe and proper
discharge of their service responsibilities. lt will be the responsibility of the Tow Operator to ensure that allof its personnel will be properly licensed in accordance with sections 12SOO, 12520, and 12g04 9 of the
CVC. Alltow truck drivers and tow truck operators shall be enrolled in the "Pull Notice;' program as defined
in CVC section1808.1 et seq.. Drivers must complete a CHP approved Tow Operator Cıurse every five(5) years and copies of completion of the course shall be sent to the City. All Tow Operators andpersonnel shall have no criminal record which would preclude them from being placed in a position of trust
while in the service of a law enforcement agency or any crime listed below unier the heading of "Criminal
Record."
E.) Fingerprints
All owners and employees who have not previously submitted their "LiveScan" fingerprint samples shall
submit their "LiveScan" fingerprint samples, at their own expense, through the City prior to being awarded
this Agreement, for the purposes of verifying their criminal history with thè Department of Justice.
Failure to provide information regarding the identity of the owner, employee, or anyone else with a
financial interest in the Tow Operator will result in termination of this Agreement. The Íow Operator willprovide the City with information regarding any change in employee status immediately and update DTS
to reflect such changes. Failure to comply may result in further disciplinary action, and will be considered
a breach of this Agreement
After execution of this Agreement, no person shall be employed by the Tow Operator or perform anyservice under this Agreement until the background record check and "LiveScan" is completed aná
approved by the City and said employee has receive< their identification badge from the City.
Notwithstanding the foregoing, Tow Operators and owners that have towed for the City under the previous
Tow Service Agreement and have completed a new background and "LiveScan" cheðk will be aliowed tocontinue to tow for the City until such time as the results of the background and "LiveScan" submissions
are reviewed and approved by the City.
Any employee of the Tow Operator that has left employment with said Tow Operator and returned and
been rehired must complete an additional background check before performing services pursuant to this
Agreement
F.) Criminal Record
A conviction of anyone with a financial interest in the Tow Operator, or any employee of the Tow Operator,
including but not limited to any of the following offenses, may be cause for-denial of application or
termination of this Agreement:
. Any crimes listed in California Penal Code section 290¡ DUI-Within 5 years of the Date of Fingerprinting. Vehicle theft. Fraud. Stolen property
. Crimes of Violence. Any felony crime relating to narcotics or any controlled substance. Any other crimes enumerated in CVC section 2432.3
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o Actively on parole or on any form of probation
. Crime of moral turpitude. Sex, Arson, Narcotics Registrant. Other felony conviction
The City is not required to provide any reason, rationale or factual information in the event it elects to deny
appl¡cat¡on or remove any of Tow Operator's personnel from providing services for the City under this
Agreement. Tow driver or employee applicants denied under this section may appeal to the Chief of
Police or his/her designee. All decisions by the Chief of Police, or his/her designee, are final.
ln the event the Tow Operator or employee is convicted or is under investigation, the Tow Operator may
be given the opportunity to replace that employee without prejudice to the Agreement. Nothing shall
prohibit the City from removing, suspending or terminating the Agreement lt will be the responsibility of
the Tow Operator to provide the City with updated information regarding any illegal activity, arrest(s) or
conviction of any Tow Operator and/or employee. For the purpose of this section, any conviction or plea
of guilty or nolo contendre, even to any lesser-included offense, are considered convictions. Failure to
provide information regarding the identity of the employee, or anyone else with a financial interest in the
Tow Operator will result in termination of the Agreement. Failure to provide information to the City of any
information regarding the conviction of any of the above crimes may also result in termination of the
Agreement.
G.) ldentificationBadges
Each tow truck driver or employee of the Tow Operator shall wear, in plain view an identification badge,
authorized and issued by the City to that employee, while on any call for service where the City is
involved. lf a tow truck driver responds to a scene without his authorized name badge, the tow truck
driver will be dismissed from the scene and the next Tow Operator in rotation will be called Failure to
carry an identification badge will be considered a violation as stated in Section 3l, "Disciplinary Action," of
this Agreement. The purpose of these badges will be to identify those employees of the Tow Operator
who have been fingerprinted by the City and have passed the record check by the Department of Justice
All identification badges are the property of the City and will be returned by the Tow Operator to the City
within forty-eight (a8) hours of an employee's separation Tow Operator will provide a current list of all
staff including drivers, dispatchers, etc. Anytime there are any changes to this list, the City is to be notified
by the next business day and provided with an updated and current list.
13. Tow Operator Licensinq and Gertification
All licensing and certifications required by Federal, State and local authorities shall be maintained current and
valid at all times as required in CVC sections: 34507.5,34600 et seq, 34620, and 12111, and sections 7231 eI
seq, of the California Revenue and Taxation code. Failure to have any required license or certification, including
any driver who fails to have an appropriate class of license, may be grounds for immediate termination by City
without penalty.
'14. lnspection
All real property and improvements thereon, and all vehicle facilities, equipment and materials used by the Tow
Operator in the performance of the services required herein shall be open to inspection by the City or its
authorized representative, and will be subject to no less than one annual inspection. Additional inspections may
be conducted without notice during normal business hours. lnspections may include, but are not limited to, all
books, accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose of auditing
or inspecting any aspect of performance directly related to this Agreement. ln the event that the City determines
that the real property and improvements thereon are insufficient, derelict or fail to meet the requirements as
called out in this Agreement, this Agreement may be terminated by City immediately without penalty.
15. Vehicle and Equipment Requirements
Tow vehicles will be maintained in compliance with sections 24605, 25253,25300, 27700 and 27907 of the
CVC. Tow vehicles will be of at least 14,000 lbs. GVWR with dual rear wheels, with the ability to tow two (2)
vehicles, or a vehicle andlor a trailer. Tow vehicles must have two-way communication capabilities and the
ability to communicate and connect with the DTS System at all times. The Tow Operator shall have equipment
capable of towing from off-road areas, towing from underground facilities, and recovery services with an
adjustable boom with at least five tons of lifting capacity. ln addition to the conventional wheel lift towing
capabilities, the Tow Operator shall maintain at least one or more flatbed or rollback trucks with a minimum of
fifty (50) feet of cable, and the required safety equipment. Unless otherwise specified by the City, all Tow
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Operators shall respond to a tow service request with a flatbed or rollback truck as specified above. At the
discretion of the tow operator, a wrecker may be used to respond to a tow service request lf for any reason theTow Operator is unable to complete the tow service request with the wrecker, the Tow Operatoi will not beplaced back on the top of the rotation list and a new Tow Operator will receive the tow service request
A 3-axle or 25{on truck is not required equipment. However, Tow Operators that possess this equipment will beplaced on a heavy-duty tow rotation list.
All trucks must have the required emergency lighting, portable stop and tail lamps, a broom, shovel, fire
extinguisher (rating 4-Br C), a utility light, reflective triangles, a large pry-bar, covered trash cans with approved
absorbent, rags, unlocking equipment, dollies (boom trucks), chains, and/or tie downs
Wheel lift trucks will maintain at least 100 feet of cable and all safety equipment as required by the
manufacturer.
Tow vehicles must have a cable winch of sufficient size and capacity to retrieve vehicles that have gone off
traveled portions of roadways into inundated areas or other inaccessible locations Winches must havé visible
lD tags designating the model, make, serial number, and rated capacity.
All tow trucks used in City tows will be subject to a yearly inspection. This does not preclude the City from
conducting random inspections throughout the year.
16. Vehicleldentification
Tow vehicles shall display identification signs in compliance with section 27907 of the CVC The Tow Operator
shall not display any sign or advertising material that indicates that his tow vehicles are an official police àervice
of the City.
17. Gharqes and Fees to be collected from Reqistered Owners
All rates and charges shafl be conspicuously posted in the office and in all tow vehicles. These rates shall quote
complete charges and fees with no additional fees to be added at a later date. These rates will be available for
review by City personnel and/or the person for whom tow service is provided. All fees collected shall be itemized
and invoiced in DTS in accordance to section 22651.07 of the CVC. lt will be the Tow Operator's responsibility
to collect his bill for service, and the City will not be responsible in any way for these charges. Storage fees will
be calculated on the calendar day except the first 24-hours which is counted as a single dãy in accorãance with
California Civil Code (CCC) 3068.'1 (see Attachment B). Allfees listed on the DTS ¡nvôice will be received in theform of major credit card, debit card, or cash. All fees collected, both City and Tow Operator fees, must be
invoiced through the DTS system prior to release and at the time of payment. No credit card fees will becharged pursuant to CVC section 22651.1 and CCC section 1748.1 for any portion of the fees. The City
reserves the right to change all payment methods during the term of this agreement.
18. Lien Fees
At no time shall the City be charged a lien fee on a towed or impounded vehicle No lien shall be attached to
any vehicle that has been impounded by the City until after seventy-two (72) hours from the time of storage as
listed in the DTS system have passed pursuant to section 22851.12 of the CVC. All lien transactions mu-st be
entered into the DTS system by Tow Operator. Vehicles sold at lien sale shall abide by all laws relating to liensales. A vehicle held in impound by the City for thirty (30) days, shall not be sold at lien until such tirñe as is
considered reasonable to allow the registered owner time to pay for and pick up the vehicle before it is sold at
lien, but under no circumstances before the thirty-fifth (3s'n) day after storage.
The Tow Operator shall abide by all applicable statutes and ordinances concerning disposal of unclaimed
vehicles, including but not necessarily limited to CVC sections 22670,228s1,228'51.ti 22A5t.2.,22851.3.,
22851.4; 22851.6; 22851.8', 22851.10, 22851.12 and 22852.5.
As described in CVC section 22856, liability for despoliation of evidence shall not arise against the Tow
Operator that sells any vehicle at, or disposes of any vehicle after, a lien sale, as long as the Tow Operator can
show written proof that he was notified in writing by the City that the vehicle would not be needed as evidence ina legal action. This proof may exist in the form of an official release in the DTS System or any other written
conveyance signed by a member of the City prior to the official, written release of the vehicle.
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19. Reasonableness and Validitv of Fees
Fees charged to the registered owner or any other person for response to calls originating from the City shall be
reasonable and not in excess of those rates charged for similar services provided in response to requests
initiated by any other public agency or private person. During the term of this agreement, the City shall conduct
an annual review each December of towing and storage fees of comparable cities and adjust rates set forth in
Attachment B by the first week of January of the following year.
20. Towino Operation
All tows performed under this Agreement will be included in the flat rate charge as described in Attachment B.
No additional charges shall be charged without prior approval from the City and written notice is provided in the
DTS System. Any unapproved charges received outside the DTS System will result in immediate termination of
this Agreement and removal from the rotation list.
Ïhe Tow Operator shall base towing charges upon the class of vehicle being towed regardless of the class of
the truck used, except when vehicle recovery operations require a larger class truck. The Tow Operator may
refer to the tow truck classes and weight ratings as defined by the Towing & Recovery Association of America
(TRAA) vehicle identification guide.
21. Service Call Rotation and Fees
The City shall establish a separate rotation list for Tow Operators willing to respond to service requests (out of
gas, lockouts, tire changes, etc.) Rates for a service requests shall not exceed one-half the flat rate charge for a
light duty truck response.
22. Gate Fees
No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding State
recognized holidays as listed below:
New Year's Day
Martin Luther King Day
Presidents'Day
Cesar Chavez Day
MemorialDay
lndependence Day
Labor Day
Veterans'Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
An after hours gate fee may be charged at all other times The gate fee is not to exceed fifty percent (S0%) of
the flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal
property recovery that occurs outside normal business hours (excluding lien fees, storage fees, taxes, or other
additional fees.) The Tow Operator is responsible for assuring that proper gate fees are charged in accordance
with this section. Over charging gate fees will be considered a major violation as outlined in Section 30.
All towing and storage fees charged by the Tow Operator are the responsibility of the vehicle's owner and are
not the responsibility of the City. The exception would be evidentiary impounds made at the direction of City
personnel.
23. Cancelled Tow
The City shall not be liable to pay the Tow Operator or anyone else any charge or other fee for a call that does
not result in a chargeable service being rendered by Tow Operator ("Dry Run"). The cancelled Tow Operator
shall be placed back on the top of the rotation list and will receive the next tow in rotation.
24. Towed in Error
ln the event the City determines that an error has occurred in impounding a vehicle, it shall be immediately
released to the registered owner without charge and the Tow Operator will be placed back on the top of the
rotation list and will receive the next tow in rotation. ln addition, the Tow Operator will be given one extra tows
on the rotation list. Additional extra tows may be given at the discretion of the Tow Unit.
25. Release Fees
California law authorizes the recovery of funds required to enforce certain provisions of the CVC and promote
trafftc safety on public roadways. This authorization falls under CVC section 22850.5 and further authorized by
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City resolutions. These resolutions are open to public view at the City and/or City offices and are on file with the
City's Traffic Bureau. The Tow Operator will collect fees on the behalf of the City from the registered owner,
legal owner or agent of an impounded car.
A City administrative / franchise fee will be charged for the release of a vehicle that has been impounded by the
City. Fees will be established by an independent consulting firm to determine the City's costs associated with
impounding vehicles in accordance with CVC sections228505 and 12110(b). All vehicles impounded will be
charged an administrative / franchise fee for the release of the vehicle. This fee will be established and attached
to each vehicle in the DTS System. The City's administrative fees will be collected at the time of the release by
the Tow Operator. The Tow Operator will pay the City's franchise fees equivalent to the City's administrative
fees for every vehicle that is not picked up by the owner or agent. The Tow Operator will pay the City's
administrative / franchise fees for every.City vehicle that was towed during the preceding month and will pay the
City no later than 12,.!0 p.m. on the 15"'of the following month, regardless of the disposition of the vehicle. ln
the event that the 15'n of the month falls on one of the State recogniied holidays Iisted in Section 22 above, or a
weekend, the City's administrativdfranchise fee must be paid by 12:0Q p.m. on the following business dav. Tow
Operators who fail to submit the City's administrative / franchise fees to the City by the 15ft day of each monthwill be immediately suspended from rotation until all fees are received, and will be subject to appropriate
disciplinary action and civil recourse. The City will keep a strict accounting of these fees througir ine OtS
System and frequent audits will take place to ensure accurate and timely payment of coilected City
administrative / franchise fees. The fee will be listed as an item on the owner's / agent's DTS contractor invoice.
26. UnauthorizedRelease
Unauthorized release of an impounded vehicle, accidental or othenvise, having evidentiary value, not officially
released by the City, and determined to be the fault of the Tow Operator, will result in the issuance of a major
violation as set forth in this Agreement. The determinatir n of such fault will be the responsibility of the City.
27. Release of Multi-Dav lmpounds
A vehicle impounded with a multiple day hold may only be released prior to the impound period with written
authorization by the City in thè DTS System. The DTS System will automatically schedule the release of an
impounded vehicle.
28. Release of Vehicles
Vehicles may only be released through the DTS System. Once the DTS System authorizes the release of a
stored or impounded vehicle, it is the Tow Operator's responsibility for the vehicle's release The Tow Operatoris hereby granted authority to release to the registered owner, legal owner, or authorized representative,
pursuant to section 22850.3 of the CVC. At the time of release, the Tow Operator shall have the registered
owner, legal owner, or authorized representative taking possession of the vehicle sign a release indicatìng that
they are properly licensed and insured to drive a motor vehicle.
29. DisciplinarvAction
The Chief of Police, or his/her designee, shall take disciplinary action against Tow Operators for violations
investigated and sustained Unless othen¡vise noted, the Chief of Police, or his/her designee, will determine the
period of suspension and shall retain discretion regarding the length of any suspension imposed pursuant to the
terms and conditions of this Agreement. The City shall retain record of violations for at least the term of this
Agreement.
30. Maior violations
Major violations ínclude any chargeable offense under Federal, State, Local Law and significant violations of this
Agreement. Such violations shall result in suspension or immediate termination of this Agreement. The Chief of
Police, or his/her designee, reseryes the right to impose longer periods of suspensions or immediate
termination, if deemed appropriate in his/her sole discretion. The Chief of Police, or his/her designee, reserves
the right to remove a Tow Operator from the tow rotation during the investigation of a major violation. A
reinstatement from suspension for a major violation will result in a five hundred dollar (gS00.00) fee. Suspension
will not be lifted until the reinstatement fee is received by the Chief of Police or his/her designee. ln addition, a
major violation may also result in the Tow Operator's employee being removed from participation in this
Agreement. Examples of major violations include, but are not limited to:
. Physical assault, against public and/or law enforcement. Verbal abuse against public and/or law enforcement. Resisting arrest. Tow Truck Driver under the influence of alcohol or illegal drugs
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. Charging rates that exceed those listed in Attachment B. Vehicle released without authorization. Unauthorized access to storage yard. Theft
. Mishandling of vehicles stored as evidence. Unauthorized driver responding to callo Failure to provide information or change of status on any Tow Operator employee or staff. Substantiated private party impound complaints. Any Felony/Misdemeanor arrest. Refusalto take a rotational tow. Failure to utilize the DTS System for all City towing related matters. Repeated late or nonpayment of City franchise fees. Failure to properly secure storage yard
. Failure to obey a lawful order by law enforcement
31. Minor violations
Minor violations will be given to the Tow Operator in the form of a documented warning for the first violation. The
second violation will be in the form of a documented reprimanded and a one hundred dollar ($100.00) fine.
Repeated minor violations during the term of the Agreement may be treated as a major violation, and the Tow
Operator will be suspended or terminated from this Agreement. A reinstatement from suspension will result in a
five hundred dollar ($500.00) fee. Suspension will not be lifted until the reinstatement fee is received by the
Chief of Police or his/her designee. Examples of mínor viofations include, but are not limited to:
. Late payment of City franchise fees. Tow truck drivers not wearing City issued l.D. cards/ proper uniformo Unauthorized arrival time in excess of thirty (30) minutes, or fortyfive (45) minutes during peak hours. Repeated rejection of dispatched calls. Other violations of this Agreement not considered a major violation by the Chief of Police or his/her
designee¡ Unauthorizedride-a-long. Failure to respond to customers' needs. Failure to maintain proper equipment. Failure to clean up at a collision scene. Vehicle code infractions
32. Hearinq/Appeal
Tow Operator must have a legal existing interest in the tow operation or entitlement subject to the City order,
citation, decision or determination to have standing to appeal a decision by the Chief of Police or his/her
designee An appeal that fails to identify the appellant's standing may be rejected as defective
ln the event FPD serves Tow Operator with disciplinary action amounting to anything less than a suspension
resulting from a minor violation, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow Unit
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension for thirty (30) days or
less resulting from a minor or major violation, the Tow Operator may request a hearing within fifteen (15)
calendar days by submitting an appeal in writing to the Chief of Police, or his/her designee, through the TowUnit Upon receipt of a written request for an appeal, and at the discretion of the Chief of Police, or his/her
designee, the Tow Operator may be allowed to continue rotational tows until the final disposition of the appellate
hearing.
ln the event FPD serves Tow Operatorwith disciplinary action amounting to a suspension in excess of thirty (30)
days, or termination of the TSA, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Administrative Hearing Officer by way of the City Manager's Office. The
written appeal shall be in compliance with FMC sections 1-407 and 9-1712. Notwithstanding any provision
within Chapter 1, Article 4 of the FMC, any person who appeals a suspension in excess of thirty (30) days, or a
termination of the TSA shall not be entitled to placement on the Tow Rotation List or to participate in tows until
such time as any appeal hearing has been concluded and the Administrative Hearing Officer finds that no
grounds for a suspension in excess of thirty (30) days, or a termination of the TSA has been established Tow
Operator's remedy shall be limited to reinstatement on the tow rotation list in such case and no other
compensation or consideration will be allowed.
-18-
ATTACHMENT B
TOW FEES
Flat price per vehicle per call:
Light Duty Tow/Flatbed $ 184.00/Each
Medium Duty Tow $ Average CHP Rates Apply
Heavy Duty Tow $ Average CHP Rates Apply
Water Recovery: $ Average CHP Rates Apply
Technolooy Fee:
DTS Software Fee per Vehicle Towed $ Charge listed in DTS Contract and DTS System
Storaqe Rates.
Passenger cars $ 45.00/per dayMotorcycles $ 45.00/per day
Trucks or Trailers $ Average CHP Rates Apply
lnside Storaqe Rates:
Passenger cars $ 55.00/per dayMotorcycles $ 55.00/per day
Trucks or ïrailers $ Average CHP Rates Apply
Gate Fee: No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding
State recognized holidays as listed in the Agreement.
An after hours gate fee may be charged at all other times. The gate fee shall not exceed fifty percent (S0%) of the
flat rate charge for a fight duty tow and may be charged to the vehicle's owner for releases or personal property
recovery that occur outside normal business hours (excluding lien fees, storage fees, taxes, or other additional
fees).
Non-tow service calls (out of gas, lockouts, and flat tires) shall not exceed one-half the flat rate charge for a light
duty truck response.
Citv of Fresno Administrative / Franchise Fees:
Vehicle Collision Blocking a Roadway $ 60.00
lllegally Parked / Abandoned Vehicle $116.00
Unlicensed Driver / Expired Registration $189.00
Arrested / Suspended Driver $266.00
DUI Driver $450.00
All fees listed on the DTS invoice will be received in the form of major credit card, debit card or cash. /Vo
credít card fee will be charged pursuant to CVC section 22651.1 and CCC section 1748.1.
-19-
CITY OF FRESNO
NON-EXCLUSIVE FRANCHISE TOW AGREEMENT
FOR FRESNO POLICE DEPARTMENT
This Non-exclusive Franchise Tow Agreement (TSA) is entered into effect on the 28th day of December 2014 set
forth below, at Fresno, California, between the City of Fresno, a municipal corporation (City) and Discount
Towing, a sole proprietorship (the Tow Operator).
This Agreement, including all attachments, contains rules and regulations that a tow company agrees to comply
with in order to participate in the tow operations of the City of Fresno Police Department (FPD). Participation in
the FPD Rotation Tow Program (Tow Program) is voluntary. Compliance with all of the terms and conditions of
the Agreement is mandatory for tow companies participating in the Tow Program. A Tow Operator, by agreeing
to participate in the Tow Program, is not acting as an agent for FPD or City when performing services under this
Agreement.
1. Governinq Law and Venue
This Agreement shall be governed by, and construed enforced in accordance with, the laws of the State of
California excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue
for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any
rights and duties hereunder shall be the County of Fresno, California.
2. Entire Aqreement
This Agreement, its attachments and exhibits, when accepted by the Tow Operator either in writing or
commencement of performance hereunder, contains the entire Agreement between the parties with respect to
the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth
herein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by
City in writing.
3. Amendments
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the
parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties;
and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in
writing
4. Assiqnment or Sub Contractins
The terms, covenants, and conditions contained herein shall apply to the parties. Furthermore, neither the
performance of this Agreement nor any portion thereof may be assigned or subcontracted by Tow Operator
without the express written consent of City. Any attempt by Tow Operator to assign or subcontract the
performance or any portion of this Agreement without the express written consent of City shall be invalid and
shall constitute a breach of this Agreement.
5. PatenUGopvriqhtMaterials/Proprietarv lnfrinqement
Unless otherwise expressly provided in this Agreement, Tow Operator shall be solely responsible for obtaining a
license or other authorization to use any patented or copyrighted materials in the performance of this
Agreement Tow Operator warrants that any Software as modified through services provided hereunder will not
infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Tow Operator
agrees that, in accordance with the more specific requirement below, it shall indemnify, defend and hold City
and City lndemnitees harmless from any and all such claims and be responsible for payment of all costs,
damages, penalties and expenses related to or arising from such claim(s), including, but not limited to,
attorney's fees, costs and expenses.
6. Non-Discrimination
ln the performance of this Agreement, Tow Operator agrees that it will comply with the requirements of section
1735 of the California Labor Code and not engage nor permit any Tow Operators to engage in discrimination in
employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, marital status, or sex of such persons. Tow Operator acknowledges that a
violation of this provision shall subject Tow Operator to all the penalties imposed for a violation of anti-
discrimination law or regulation, including but not limited to, section 1720 eT seq. of the California Labor Code.
1
7 - Termination
ln addition to any other remedies or rights it may have by law, City has the right to terminate this Agreement
without penalty immediately with cause and either party may terminate attei tfrirty (30) days writtãn noticewithout cause, unless otherwise specifìed Cause shall be defined as any breach of ¡-ris Agreement or any
misrepresentation or fraud on the part of the Tow Operator. Exercise by City of its right io terminate the
Agreement shall relieve City of all further obligation
8. Consent to Breach Not Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or
consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by anyparty to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver
of, or excuse for any other different or subsequent breach.
9. Remedies Not Exclusive
The remedies for breach set forth in this Agreement are cumulative as to one another and as to any otherprovided by law, rather than exclusive; and the expression of certain remedies in this Agreement dóes notpreclude resort by either party to any other remedies provided by law.
l0- lndependent Tow Operator
Tow Operator shall be considered an independent Tow Operator and neither Tow Operator, its employees noranyone working under Tow Operator shall be considered an agent or an employee of City Ñeit'her TowOperator, its employees nor anyone working under Tow Operator, shall qualify for workers' óompensation or
other fringe benefits of any kind through City
11. Performance
Tow Operator shall perform all work under this Agreement, taking necessary steps and precautions to performthe work to City's satisfaction. Tow Operator shall be responsible for ihe professional quality, technical
assurance, timely completion, and coordination of all documentation and other goods/services furnis-hed by Towoperator under this Agreement. Tow Operator shall: perform all work diligenly, carefully, and in a gooä andworkman-like manner; furnish all labor, supervision, machinery, equipment, materials, anã supplier r.räcess"ry
therefore; at its sole expense obtain and maintain all permits and licenses required Oy pu'Otic authorities,
including those of City required in its governmental capacity, in connection with performancå of the work; and, ifpermitted to subcontract, be fully responsible for all work performed by sub-Tow Operators.
'12. Indemnification
A) Tow Operator shall indemnify, hold harmless and defend City and each of its officers, officials,
employees, agents and authorized volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not'limited top any time and property damage) incurred by City, Tow Operator, or anyo any and all claims, demands and actions in law or equity (includinga on expenses), arising or alleged to have arisen directly or indirectly out ofp ement. Tow Operator's obligations under the preceding sentence shall
apply regardless of whether City or any of its officers, officials, employees, agenls or authorized
volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or
damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any
of its officers, officials, employees, agents or authorized volunteers.
B) lf Tow Operator should subcontract all or any portion of the work to be performed under this
Agreement, Tow Operator shall require each subcontractor to indemnify, hold harmless and defend
City and each of its officers, officials, employees, agents and authorizèd volunteers in accordance
with the terms of the preceding paragraph.
C) This section shall survive termination or expiration of this Agreement
13. lnsurance
A) Throughout the life of this Agreement, Tow Operator shall pay for and maintain in full force and
effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted
by the California lnsurance Commissioner to do business in the State of California and'rated not
less than "A-Vll' in Best's lnsurance Rating Guide, or (ii) authorized by City's Risk Manager. The
following policies of insurance are required:
2
5)
B)
1) COMMERCIAL GENERAL LIABILITY insurance which shall be on the most current version of
lnsurance Services Office (lSO) Commercial General Liability Coverage Form CG 00 01 and
include insurance for "bodily injury," "property damage" and "personal and advertising injury"
with coverage for premises and operations, products and completed operations, and
contractual liability (including, without limitation, indemnity obligations under the Agreement)
with limits of liability of not less than $1,000,000 per occurrence for bodily injury and property
damage, $1,000,000 per occurrence for personal and advertising injury and 92,000,000
aggregate for products and completed operations and $2,000,000 general aggregate.
2) GARAGEKEEPERS LEGAL LIABILITY insurance which shall include coverage for vehicles in
the care, custody, and control of the Tow Operator with limits of liability of not less than
$120,000 per occurrence for property damage.
3) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be on the most current
version of lnsurance Service Office (lSO) Business Auto Coverage Form CA 0O 01, and
include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles
(Code 1- Any Auto) with limits of not less than $1,000,000 per accident for bodily injury and
property damage.
4) ON-HOOIICARGO insurance which shall include coverage for vehicles in tow with limits of
liability based on the size of the tow truck, which are as follows.
a) Class A/B tow truck... ..$120,000b) Class C tow truck... ... .. $200,000c) Class D tow truck.. $300,000
WORKERS' COMPENSATION insurance as required under the California Labor Code and
EMPLOYERS' LIABILITY insurance with minimum limits of $1,000,000 each accident, $1,000,000
disease policy limit and $'1,000,000 disease each employee.
Tow Operator shall be responsible for payment of any deductibles contained in any insurance
policies required hereunder and Tow Operator shall also be responsible for payment of any self-
insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate
of lnsurance and approved by the City's Risk Manager or his/her designee. At the option of the
City's Risk Manager, or his/her designee, either:
1) The insurer shall reduce or eliminate such deductibles or self-insured retention as
respects City, its officers, officials, employees, agents and volunteers; or
2) Tow Operation shall provide a financial guarantee, satisfactory to City's Risk Manager, or
his/her designee, guaranteeing payment of losses and related investigations, claim
administration and defense expenses. At no time shall City be responsible for the payment of
any deductibles or self-insured retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30)
calendar days written notice in favor of City of policy cancellation, change or reduction of coverage
except for the Workers'Compensation policy which shall provide ten (10) calendar days written
notice of such cancellation, change or reduction of coverage. ln the event any policies are due to
expire during the term of this Agreement, Tow Operator shall provide a new certificate and all
applicable endorsements evidencing renewal of such policy prior to the expiration date of the
expiring policy(ies) to the Chief of Police, or his/her designee, and the City's Risk Division. Upon
issuance by the insurer, broker, or agent of a notice of cancellation, change or reduction in
coverage, Tow Operator shall file with the Chief of Police, or his/her designee, and the City's Risk
Division, a new certificate and all applicable endorsements for such policy(ies).
The General Liability, Automobile Liability and Garagekeepers Legal Liability insurance policies
shall be written on an occurrence form and shall name City, its officers, officials, agents, employees
and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Tow
Operator's insurance shall be primary with respect to the City, its officers, officials, employees,
agents and authorized volunteers with no contribution required of City. Any Workers' Compensation
insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents,
c)
D)
J
employees and authorized volunteers. Tow Operator shall have furnished City with the certificate(s)
and applicable endorsements for ALL required insurance prior to City's execufion of the Agreement.
E) The fact that insurance is obtained by Tow Operator shall not be deemed to release or diminish the
liability of Tow Operator, including, without limitation, liability under the indemnity provisions of this
Agreement. City shall apply to all claims and liability regardless of whether any-insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by Tow Operator. Approval or purchase of any insurance contracts or policies shall in noway relieve from liability nor limit the liability of Tow Operator, its principals, officers, agents,
employees, persons under the supervision of Tow Operator, vendors, suppliers, inv-itees,
consultants, sub-consultants, subcontractors, or anyone employed direcfly or indirecily by any of
them.
F) Upon request of City, Tow Operator shall immediately furnish City with a complete copy of any
insurance policy required under this Agreement, including all endorsements, with said copy'certified
by the underwriter to be a true and correct copy of the original policy This requirement sháll survive
expiration or termination of this Agreement
G) lf at any time during the life of the Agreement or any extension, Tow Operator fails to maintain the
required insurance in full force and effect, all work under this Agreement shall be discontinued
immediately until notice is received by City that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory to City.Any failure to maintain the required insurance shall be sufficient cause for City to terminate this
Agreement.
H) lf Tow Operator should subcontract all or any portion of the work to be performed, Tow Operatorshall require each subcontractor to provide insurance protection in favor of the City, its officer,
officials, employees, agents and authorized volunteers in accordance with the terms oî each of thepreceding paragraphs, except that the subcontractors certificates and endorsements shall be on file
with the Tow Operator and City prior to the commencement of any work by the subcontractor.
14. Bills and Liens
Tow Operator shall pay promptly all indebtedness for labor, materials, and equipment used in performance of
the work. Tow Operator shall not permit any lien or charge to attach to the work or the premises, but if any does
so attach, Tow Operator shall promptly procure its release and indemnify, defend, and hold City harmleés and
be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related
thereto.
15. Chanoe of Gontrol
Tow Operator agrees that if there is a change or transfer in ownership or control of the Tow Operator's businessprior to completion of this Agreement, unless such change or transfer is to "immediate family" as defined inFresno Municipal Code (FMC) section 3-101(e) and approved in writing by the Chief of pôlice, or his/herdesignee, shallterminate this Agreement. This incìudes but is not limited to changes in:Corporate gers, Directors, Treasurer, Trustees, or ownership interests. All chanles or
transfers t ust be approved by the Chief of Police, or his/her designee, prior tı such
change or transfer in. order for the Tow Operator to remain on the tow services list. Final written approval or
disapproval for the change or transfer in ownership or control will be given by the Chief of police or his/her
designee. All "immediate family" members involved in the potential transfer and operation of the Tow Operator
shall be required to undergo a background check, review, and "Livescan" fingerprint screening. The ,'immediate
family" members involved in the change or transfer of ownership or control must also possesı and keep current
all licensing certiflcates and insurance as required in this Agreement. The "immediate family" members who will
operate or otheruvise be legally responsible for the Tow Operator will be required to execute a new TSA.
A) Tow Operator owners shall be directly involved in the day-to-day operations of their
business and shall not be directly involved in the towing-related business of any other tow
company on, or applicant for, the Tow Rotation List. Co-mingling of operations, business,
offices, board members, and finances is stricfly prohibited.
B) lf terminated or suspended, Tow Operator and/or íts owner at the time of the suspension ortermination, shall not be eligible for a rotation listing for the duration of the suspension or
termínation. This section applies to the Tow Operator working in any capacity withìn any tow
4
business or operating any tow business and to the tow business even if operated under new
ownership.
C) Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow
Rotation List, excluding equipment which may be unavailable due to repairs or when there is a need
for equipment replacement and written approval is obtained from the Chief of Police or his/her
designee.
16. Force Maieure
Tow Operator shall not be in breach of this Agreement caused by any act of God, war, civil disorder,
employment strike or other cause beyond its reasonable control, provided Tow Operator gives written notice of
the cause of the delay to City within thirty-six (36) hours of the start of the delay and Tow Operator avails itself of
any available remedies.
17. Confidentiality
Tow Operator agrees to maintain the confidentiality of all City and City-related records and information pursuant
to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term
of this Agreement. All such records and information shall be considered confidential and kept confidential by
Tow Operator and Tow Operator's staff, agents and employees.
18. Gompliance with Laws
Tow Operator represents and warrants that services to be provided under this Agreement shall fully comply, atTow Operator's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and
regulations, including, but not limited to those issued by City in its governmental capacity and all other laws
applicable to the services at the time services are provided to and accepted by City Tow Operator
acknowledges that City is relying on Tow Operator to ensure such compliance (collectively Laws). Tow Operator
agrees that it shall defend, indemnify and hold City and City lndemnitees harmless from all liability, damages,
costs, and expenses arising from or related to a violation of Laws.
19. Pricinq
The Agreement price shall include full compensation for providing all required services in accordance with the
Scope of Work attached to this Agreement, and no additional compensation will be allowed therefore, unless
otherwise provided for in this Agreement. Tow Operator shall pay the City Franchise Fees as listed in
Attachment "8", or "City Administrative / Franchise Fees", in accordance with Paragraph 25 of Attachment "4".
20. Terms and Conditions
Tow Operator acknowledges that the undersigned has read and agrees to all terms and conditions included in
this Agreement.
21. Severabilitv
lf any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired or invalidated thereby.
22. Calendar Davs
Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless
otheruvise expressly provided.
23. Attornev Fees
lf either party is required to commence any proceeding or legal action to enforce any term, covenant or condition
of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other
party its reasonable Attorney's fees and legal expenses.
24. lnterpretation
This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in
the matters dealt with in this Agreement. ln addition, each party has been represented by experienced and
knowledgeable independent legalcounselof theirown choosing or has knowingly declined to seek such counsel
despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have
not been influenced to any extent whatsoever in executing this Agreement by any other party hereto or by any
person representing them, or both. Accordingly, any rule or law (including California Civil Code section 1654)or
legal decision that would require interpretation of any ambiguities in this Agreement against the party that has
5
drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable
manner to affect the purpose of the parties and this Agreement.
25. Authoritv
The parties to this Agreement represent and warrant that this Agreement has been duly authorized and
executed and constitute the legally binding obligation of their respective organization or entity, enforceable in
accordance with its terms
26. Emplovee Eliqibilitv Verification
Tow Operator warrants that it fully complies with all Federal and State statutes and regulations regarding the
employment of aliens and others and that all its employees performing work under this Agreement meet the
citizenship or alien status requirement set forth in Federal statutes and regulations. Tow Operator shall obtain,
from all employees performing work hereunder, all verification and other documentation of employment eligibility
status required by Federal or State statutes and regulations including, but not limited to, the lmmigration Reform
and ControlAct of 1986, I U.S.C. 51324 et seq , as they currently exist and as they may be hereafter amended.
Tow Operator shall retain all such documentation for all covered employees for the period prescribed by the law.
Tow Operator shall indemnify, defend with counsel approved in writing by City and hold harmless, City, its
agents, officers, and employees from employer sanctions and any other liability which may be assessed against
Tow Operator or City or both in connection with any alleged violation of any Federal or State statutès or
regulations pertaining to the eligibility for employment of any persons performing work under this Agreement.
27. Additional Termsand Conditions
A) Term of Agreement: This Agreement shall commence on December 28, 2014, and shall be
effective for three (3) years from that date, unless othenruise terminated by City
B) Fiscal Appropriations: This Agreement is subject to and contingent upon applicable budgetary
appropriations being made by the City for each year during the term of this Agreement lf such
appropriations are not forthcoming, the Agreement will be terminated without penalty Tow
Operator acknowledges that funding or portions of funding for this Agreement may also be
contingent upon the receipt of funds from, and/or appropriation of funds by City. lf such funding
and/or appropriations are not forthcoming, or are othenruise limited, City may immediately terminate
or modify this Agreement without penalty.
C) Conflict öf lnterest (Tow Operator): Tow Operator shall exercise reasonable care and diligence to
prevent any actions or conditions that result in a conflict with the best interest of City. This
obligation shall apply to Tow Operator, Tow Operator's employees, agents, relatives, and third
parties associated with accomplishing the work hereunder. Tow Operator's efforts shall include, but
not be limited to, establishing precautions to prevent its employees or agents from making,
receiving, providing, or offering gifts, entertainment, payments, Ioans, or other considerations which
could be deemed to appear to influence individuals to act contrary to the best interest of City
D) Tow Operator Work Hours and Safety Standards: Tow Operator shall ensure compliance with all
safety and hourly requirements for employees, in accordance with federal, state, and City safety
and health regulations and laws.
E) Orderly Termination: Upon termination or other expiration of this Agreement, each party shall
promptly return to the other party all papers, materials, and other properties of the other held by
each for purposes of execution of the Agreement. ln addition, each party will assist the other Party
in orderly termination of this Agreement and the transfer of all aspects, tangible and intangible, as
may be necessary for the orderly, non-disruptive business continuation of each party.
F) Reprocurement Costs; ln the case of default by Tow Operator, City may procure the service from
other sources and, if the cost is higher, Tow Operator will be held responsible to pay City the
difference between the Agreement cost and the price paid. City may make reasonable efforts to
obtain the prevailing market price at the time such services are rendered. This is in addition to any
other remedies available under law.
G) Authorization Warranty: Tow Operator represents and warrants that the person executing this
Agreement on behalf of and for Tow Operator is an authorized agent who has actual authority to
bind Tow Operator to each and every term, condition, and obligation of this Agreement and that all
requirements of Tow Operator have been fulfilled to provide such actual authority.
6
28.
H) Notices: Any and all notices permitted or required to be given hereunder shall be deemed duly
given (1)upon actualdelivery, if delivery is by hand; or(2) upon delivery by the United States mail if
delivery is by postage paid registered or certified return receipt requested mail; or (3) through
electronic means such as, email or the Dispatch & Tracking Solutions Software System (DTS).
l) Data - Title to: All materials, documents, data or information obtained from City data files or any
City medium furnished to Tow Operator in the performance of this Agreement will at all times remain
the property of City. Such data or information may not be used or copied for direct or indirect use
by Tow Operator after completion or termination of this Agreement without the express written
consent of City. All materials, documents, data or information, including copies, must be returned to
City at the end of this Agreement.
J) Usage: No guarantee is given by City to Tow Operator regarding usage of this Agreement Usage
figures, if provided, are approximate, based upon the last usage Tow Operator agrees to supply
services and/or commodities requested, as needed by City, at prices listed in the Agreement,
regardless of quantity requested
K) Tow Operator's Records: Tow Operator shall keep true and accurate accounts, records, books
and data which shall correctly reflect the business transacted by Tow Operator in accordance with
generally accepted accounting principles. These records shall be stored at the Tow Operators
principal place of business for a period of three (3) years after final payment is received by City
L) Audits/lnspections: Tow Operator agrees to permit City's authorized representative (including
auditors from a private auditing firm hired by City) access during normal working hours to all books,
accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose
of auditing or inspecting any aspect of performance under this Agreement. The inspection and/or
audit will be confined to those matters connected with the performance of the Agreement including,
but not limited to, the costs of administering the Agreement. City reserves the right to audit ani
verify Tow Operator's records before or after final payment is made.
Tow Operator agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of records retention is stipulated under this Agreement or
by law. Tow Operator agrees to allow interviews of any employees or others who might reasonably
have information related to such records. Further, Tow Operator agrees to include a similar right to
City to audit records and interview staff of any sub-Tow Operator related to performance of this
Agreement.
M) Should Tow Operator cease to exist as a legal entity, Tow Operator's records pertaining to this
Agreement shall be forwarded to the Chief of Police or his/her designee
Disputes-Aqreement
A) The Parties shall deal in good faith and attempt to resolve potential disputes informally
1) Tow Operator shall submit to the Chief of Police, or his/her designee, a written demand for a
final decision regarding the disposition of any dispute between the parties arising under,
related to, or involving this Agreement, unless City, on its own initiative, has already rendered
such a final decision2) Tow Operator's written demand shall be fully supported by factual information, and, if such
demand involves a cost adjustment to the Agreement, Tow Operator shall include with the
demand a written statement signed by a senior official indicating that the demand is made in
good faith, that the supporting data are accurate and complete, and that the amount
requested accurately reflects the Agreement adjustment for which Tow Operator believes City
is liable.
B) Pending the final resolution of any dispute arising under, related to, or involving this Agreement,
Tow Operator agrees to diligently proceed with the performance of this Agreement. Tow Operator's
failure to diligently proceed shall be considered a material breach of this Agreement.
C) Any final decision of City shall be expressly identified as such, shall be in writing, and shall be
signed by the City Hearing Administrative Officer, or Chief of Police, or his/her designee, as
applicable. lf City fails to render a decision within ninety (90) days after receipt of Tow Operator's
-7 -
demand, it shall be deemed a final decision adverse to Tow Operator's contentions. City's final
decision shall be conclusive and binding regarding the dispute unless Tow Operator commences
action in a court of competent jurisdiction
29. Breach of Aqreement
The failure of the Tow Operator to comply with any of the provisions, covenants or conditions of this Agreement
shall be a material breach of this Agreement. ln such event the City may, and in addition to any other remedies
available at law, in equity, or othenvise specified in this Agreement, undertake any of the individual actions or
any combination of the following actions.
1) Afford the Tow Operator written notice of the breach and ten calendar days or such
shorter time that may be specified in this Agreement within which to cure the
breach;
2) Suspend and/or remove Tow Operator from the rotation;
3) Terminate the Agreement immediately, without any penalty.
The Parties hereto have executed this Agreement.
ô ushc r
Date: /2- 1' /o/Y
TOW OPERATOR*:
Bv:Title:
TOW OPERATOR:
Print Name: Date:
"lf a corporation or limited liability company, the document must be signed by two corporate officers The first signature
must be either the Chairman of the Board, President, or any Vice President. The second signature must be the
secretary, an assistant secretary, the Chief Financial Officer, or any assistant treasurers. ln the alternative, a single
signature is acceptable when accompanied by a corporate document demonstrating the legal authority of the
signature to bind the company.
CITY OF FRESNO.
APPROVED AS TO FORM
DOUGLAS T. SLOAN
City
)'l- ¿ot
ATTEST:
WONNE SPENCE, CMC
City Clerk
By:: Date:
Date:
Date:
8
tlz4tv
ATTACHMENT A
SCOPE OF WORK
1. Scope of Work
Tow Operator shall perform the towing, and storage of vehicles as directed by the City, and in addition, such
other services as provided in this Scope of Work, and shall provide necessary storage facility, tow vehicles,
labor, materials, equipment, machinery, and tools. The Tow Operator shall comply with all State laws and
regulations, applicable to tow units and impound, towing, storage, selling or junking of vehicles. Tow operators
must follow all guidelines set forth by equipment manufactures recommendations as to their use and care of all
towing related equipment. All permits and licensing fees as specified under California Vehicle Code (CVC)
sections 34620 through 34624 shall be in full force and effect at all times during this Agreement. Any violaiion of
this section will be considered a material breach of the Agreement and may result in immediate términation of
this Agreement.
2. Towinq Services and Duties
It shall be the duty of the Tow Operator, when so directed by the City, to provide prompt tow service for vehicles
which are taken into custody by the City. This includes vehicles involved in collisions or disabled by any other
cause, abandoned in public places or on private property. Vehicles impounded for evidence, impeding tñe flowof traffic, or which for any other reason, are within the jurisdiction of the FPD. As required by law, Tow
Operators are to remove from the street all debris resulting from said collisions and to clean the immediate area
of such street (CVC section 27700(a)(1)) lt shall also be the duty to provide for the safety and security of those
vehicles and the contents thereof. These duties are inherent to the job and are to be included in the piice of the
basic tow bill.
The tow truck operator shall provide a business card to the registered owner or driver for the vehicle being
towed. The business card shall contain the name, address and phone number of the tow company as well as
the link to the vehicle search system in DTS as follows: www.findmytow com
Tow truck operators and/or drivers will not be permitted to drive an impounded or recovered stolen vehicle orvehicle intended for storage from a FPD rotation call or special operation Any exceptions must be at the
direction of the FPD officer in charge of the scene and should be limited to repositioning the vehicle to allow for
towing.
The City has designated two (2) tow companies for evidence impound tows and no other rotation tow company
shall maintain custody over these vehicles at any time. lf an officer impounds a vehicle for evidence and a non-preference rotational tow is dispatched, it is the responsibility of the tow driver to verify with the officer on scene
as to whether a vehicle is to be held for evidence. lf it is determined that the vehicle is to be held for evidence,the tow driver must immediately notify the officer on scene that the company is not authorized to handle
evidence impounds and an evidence tow company shall be dispatched. Tow Operator shall then contact theTow Unit on the same business day, or within the next business day if such tow occurs after regular business
hours. Acceptance of an evidence tow by a non-designated evidence tow company will result in disciplinary
action and full financial responsibility for all tow and storage fees for each violation.
lf terminated or suspended, Tow Operator and/or owner at the time of the suspension or termination, shall not
be eligible for a rotation listing for the duration of the suspension or termination. This provision applies to theTow Operator working in any capacity within any tow business or operating any tow business and to the tow
business even if operated under new ownership.
Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow Rotation List
excluding equipment which may be unavailable due to repairs or when there is a need for equipment
replacement and written notice has been obtained from FPD.
3. Special Operations
FPD conducts special operations coordinated through the Traffic Bureau throughout the year that requires tow
companies at the location of the special operation. Tow companies on the Tow Rotation List that are in good
standing with FPD may be invited to participate in these operations, provided they are wílling to remain witñ tne
special operation until its conclusion and forfeit any rotational tow calls (FPD, California Highway patrol, or
other) received during the duration of the operation, "Good standing" shall mean that Tow Operator has not
violated, or is not in violation of the terms of this Agreement, the provisions of the FMC, State, or Federal law.
All special operations tows will be subject to the provisions of this Agreement. Tow Operator shall respond to a
I
special operat¡on with a flatbed tow truck with the capability of towing (2) vehicles No ride alongs will be allowed
on any special operations unless the ride along is the Tow Owner or a Tow Driver who is in training and has
been approved by FPD
4. Signage and hours of Operation
The storage yard or business office shall have a sign that clearly identifies it to the public as a towing service.
The sign shall have letters that are clearly visible to the public from the street and must be visible at night All
storage facilities must be accessible to City personnel twenty-four (24) hours per day and seven (7) days per
week The Tow Operator will provide customer service twenty-four (24) hours per day and seven (7) days per
week for the release of vehicles.
Tow Operator shall provide at least one person at a call station to respond and release vehicles within thirty (30)
minutes. Tow Operator shall maintain all signage required pursuant to CVC sections 228503 and 2265i.07
and include an after-hours contact phone number for Tow Operator
5. Response Time
Tow Operator shall respond to calls twenty-four (24) hours a day, seven (7) days a week, within the maximum
response time limits as established by the Chief of Police or his/her designee. A reasonable response time is
thirty (30) minutes or less, except during peak hours of 7:00 a m. to g:00 a.m and 4:00 p.m. to 6:00 p m ,(Monday through Friday), when the required response time will be extended to forty-five (45) minutes or less
Tow Operator shall respond with a tow truck of the class required to tow the vehicle specified by the DTS
System.
6. Non-Response
The Tow Operator shall update the DTS System at the time of dispatch to a tow rotation request lf the Tow
Operator is either unable to respond or unable to meet the maximum response time, the tow operator shall
immediately update the DTS System accordingly. lf, after accepting the call, the Tow Operator is unable to
respond or will be delayed in responding, the Tow Operator shall immediately update the DTS system
accordingly
To decline or refuse to respond will be considered a non-response Each non-response will be immediately
documented in the DTS System. Each non-response will be logged by the DTS System and reviewed by the
City. lf the fault for the non-response is attributed to other than the Tow Operator, the Tow Operator will be
placed back in the rotational list and called at the next opportunity in line.
One such breach, determined to be the fault of the Tow Operator, will be grounds for written reprimand which
may be subsequent to a meeting between the Tow Operator and the City. A second breach may be grounds for
a (30) thirty-day suspension of this Agreement A third violation will be considered a material breach of the
Agreement and may result in immediate termination of this Agreement
ln the case of suspension ortermination, allvehicles then in storage atthe time of the suspension ortermination
remain protected under this Agreement as City's impounds and the Tow Operator is so bound The City will
have the option to remove and/or transfer stored vehicles.
When a Tow Operator will be temporarily unavailable to provide services due to preplanned/scheduled activity,
such as a vacation, maintenance, medical leave, etc., the Tow Operator will notify City in writing via the DTS
system at least forty-eight (48) hours in advance. City reserves the right to deny these requests to maintain
adequate service levels for tow operations. Failure to notify the City will be considered a non-response and a
material breach of this agreement
7. StoraqeResponsibilities
It shall be the duty of the Tow Operator to provide impound and other storage service for all vehicles as directed
by the City. The Tow Operator shall be responsible for all vehicles, accessories and equipment thereon and all
personal property therein stored by Tow Operator. lt shall be the Tow Operators' duty to protect such stored
vehicles, accessories, equipment, and property against all loss or damage by fire, theft or other causes The
Tow Operator will have available for review by City personnel, all permits and proof of compliance to all local
zoning, special use, conditional use and special requirements, laws and regulation. lt is the responsibility of the
Tow Operator to ensure vehicles are stored in a secured facility.
L Size and Location of Storaqe Facilitv
The tow yard shall be located within the City of Fresno's "Metropolitan Area." Metropolitan area is defined as
within the borders of Copper Avenue to the north, American Avenue to the south, DeWolf Avenue to the east,
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and Chateau Fresno to the west. Tow Operator shall be responsible for the security of vehicles and property atthe place of storage. At a minimum, a six (6) foot fence or enclosed secured area is required ior outsidestorage. A minimum of 5,000 square feet, or room for twenty (20) vehicles, shall be provided All tow yards
located with the City of Fresno shall be in compliance with the FMC, current Directors Class #208 and shall
follow the current Development and Resource Management Department's Policy and Procedure C-002 lf thetow facility is located outside the City of Fresno, the tow operator is required to provide written proof that theyard is in compliance with the authorizing jurisdiction. Tow Operator is responsible for the reaÀonable care,custody, and control of any property contained in towed or stored vehicles. The storage facility and businessoffice will be located at the primary storage yard and shall be maintained in a functiónal, clean and orderlyfashion. The facility shall have a telephone, on-site fax machine and the necessary computer equipment toproperly run DTS software and to send and receive email.
ln the event of criminal activity at a storage facility, the City may require the Tow Operator to take measures toassist in preventing such crimes. These measures could include, but are not limited to: the yard being
illuminated during darkness, with security type lighting, to such a degree that visual observation oi the entireyard may be accomplished at all times, improved fencing and/or security patrols.
All vehicles stored or impounded as a result of a tow ordered by the City shall be towed direcfly to a towing
service storage lot unless the City, or in the case of a citizen's assist, a person legally in charge of tne vefi¡cte,
requests that it be taken to some other location.
All vehicles towed as a result of action taken by the City will be stored at the Tow Operator's principal place ofbusine the city's les stored at an auxiliary storage facilitywill be reement. ll not remove personal-properiy from astored removes a stored vehicie, the Tow operator willmainta will requ signed receipt from the registered owner fòr property
released. The Tow Operator shall immediately notify the City if any contrabañd, weapons or hazardous
materials are found in the vehicle(s).
9. Enclosed Facilitv
The Tow Operator may maintain, without charge to the City or any other person, separate and enclosed garage
facilities no less than 1,000 square feet of clean working space. The facility must be constructed to include aroof and at least four walls of substantial design to withstand the elements and protect the vehicles from theweather. The facility should have a concrete floor and sufficient lighting. This inside facility must be located atthe Tow Operator's primary storage yard. This inside facility is not required to qualify tor tne City's rotation,
however, when inside storage is requested for a particular vehicle, the next Tow Opeiator in line meeting the
needs of the City's request will be used.
10. DTS Requirements
Tow Operator shall utilize the most recent, updated and upgraded DTS software program, to dispatch and track,
via a web-based lnternet connection. Tow Operators will be required to enter the towed vehicle information asinstructed by the City. At no time will a vehicle be released, subject to lien, or junked from impound without allrequired data fields being entered into the DTS system by the Tow Operator. The Tow Operator shall clearly
identify and enter into DTS the name of the person to whom the vehicle was actually released. All City towrequests shall be made utilizing this program. Failure at any time to have the DTS progiam in full operation shallcause the immediate removal of the Tow Operator from the tow rotation and bé grounds for immediate
termination by City. Tow Operator must enter into a separate agreement, or ticense for the DTS softwareprogram with the owner of that proprietary software. The City shall not provide the DTS software program, any
licensing or sub-licensing thereof or any intermediary services for the procurement by Tow Operator o-t tf'e OtS
software program. This Agreement shall not be executed by the City until Tow Operator has demonstrated tothe City's satisfaction compliance with the requirements set forth herein. Tow Operator shall be liable for allfees, charges, prices, rates and service charges required from DTS. DTS shall be utilized in "real time,, and all
entries should reflect as such. lnvoices shall be used from DTS when releasing vehicles and be pursuant to
section 22651.07 of the CVC. The only Tow Operator personnel authorized to utilize and access DTb are those
that have fully complied with the provisions set forth in Section 12,"fow Operator Personnel" of this Agreement.lf the Tow Operator is not in FULL compliance with the above stated requirement, the Tow Operaior will be
removed from the City towing rotation. ln the event that DTS fails to provide software services, or the City electsto utilize a new software provider, the Tow Operator will be required to use the replacement towing softwaresystem. lf that occurs, all references to DTS in this Agreement shall instead be interpreted as refereñces to the
new software program.
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11. Official Notification bv Citv Reqardinq Tow
Offícial notification by City regarding tow services is considered any form of written, email, verbal instructions or
notifications received from an authorized City employee or electronic notice from the DTS program. lf the Tow
Operator receives verbal instructions or notifications from a City employee the Tow Operator must respond to
City, by 5:00 p.m. (PST) on the next business day
12. Tow Operator Personnel
A.) Conduct
The Tow Operator shall perform the services required of it in an ethical, orderly manner, endeavoring to
obtain and keep the confidence of the public. At no time will the Tow Operator or its agent or ãny
employee of the Tow Operator exhibit any of the following behavior: rudeness, or otherwise being
uncooperative, argumentative, threatening, incompetent or acting in a dangerous manner with any City
employee, or with any member of the public The City reserves the right to cancel an individual tow
assignment, if in the opinion of the City, the Tow Operator is acting in a rude, uncooperative,
argumentative, threatening, incompetent or dangerous manner. The City also reserves the right to cancel
an individual tow assignment if in the opinion of the City the Tow Operator is likely to damage the vehicle
for which the tow service was called. Other examples of unacceptable behavior ¡nôluOe but ãre not limitedto: profanity, abusive language, disconnecting telephone calls for public inquiries regarding a tow,
threatening, aggressive, or assertive language, failure to provide timely information oidocuments in
response to a public or City inquiry, lack of respect to any City personnel or member of the public
destruction or damaging of evidence, failure to comply with the reasonable request of a member of the
public, failure to release vehicle in a timely manner, failure to make appointment for release of vehicle
during evening or weekend hours, failure to promptly be on site at time of appointment for release of
vehicle during evening or weekend hours, impeding an investigation or any other conduct which the City
deems unprofessional.
lf the Tow Operator is found to be in violation of this conduct clause, the City will cancel the Tow Operator
and request the next Tow Operator in rotation Any such behavior as set forth above shall be considereda material breach of this Agreement and may be grounds for immediate suspension or immediate
termination by the City, without penalty.
B.) PersonnelAppearance
Tow Operators shall be required to furnish their employees with a distinctive company uniform. Each
uniform shall have the firm's name, as well as the employee's name, in a conspicuous place. The tow
company's name and driver's first name shall be clearly visible at all times, meaning that protective or
inclement weather outer garments must meet this standard. Each employee shall have sufficient uniforms
so as to maintain a neat, clean appearance at all times. Minimum requirements for uniforms include a
shirt, long pants, and appropriate safety shoes All drivers shall be in uniform before any towing or service
operation begins. No wording, designs, photos, gestures, or anything that could be considered offensive
or obscene to the general public shall be displayed by the Tow Operators or on any part of the uniform.
Dress standards are required in order to project a professional and positive image to lhe public.
All employees must be neat, clean and well groomed in appearance. ln order to ensure a professional
appearance, all tattoos must be concealed by operators while working. Personnel will be required to
conceal any tattoos with gloves, collars, long sleeves, or by other means acceptable to the City. Facial
tattoos of any variety are not permitted No facial piercings shall be worn while on duty.
Drivers shall wear safety vests or reflectorized clothing that conforms to Occupational Safety and Health
Administration (OSHA) requirements. Alternatively, the OSHA safety requirements may be incorporated
into the uniform, jacket, or rain gear, as long as these items are worn as the outermost garment.
C.) UnlawfulActivity
The Tow Operator or it's employees shall not be involved, nor shall the Tow Operator or its employees
become involved in any agreement or activity whether verbal, written or conveyed in any other manner,
any activity or business venture which may be construed as unlawful. lf the City deems ihe involvement
to be unlawful, the City may immediately terminate this Agreement.
The Tow Operator shall not provide any direct or indirect commission, gift or any compensation to any
person or public or private entity, in consideration of arranging or requesting the services of a tow truck as
provided in section 12110 of the CVC.
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No Tow Operator will be involved or solicit any compensation of any kind including but not limited to
involvement with any other company or business that might result in income or consideration as a result of
any activity initiated by the City.
An example of such a prohibited involvement could include but is not limited to: financial reimbursement
by auto-body repair business for referrals, or towing directly from the scene of a collision to the auto-body
shop without prior unsolicited approval or request by the registered owner, driver or insurance company
representative of the damaged vehicle; kickback to or from a security company or homeowner'ð
association for "fìnding" or towing a vehicle from a location, whether private property, public, off street
parking facility or a public roadway. Violation of this provision shall be grounds for immediate termination
by City, without penalty
D.) Personnel Licenses
Tow Operators providing services under this Agreement, including tow truck drivers, dispatchers and other
office personnel, will have sufficient knowledge, experience and capability to ensure safe and proper
discharge of their service responsibilities. lt will be the responsibility of the Tow Operator to ensure that all
of its personnel will be properly licensed in accordance with sections 12500, 12520, and 12g04.9 of the
CVC. Alltow truck drivers and tow truck operators shall be enrolled in the "Pull Notice" program as defined
in CVC section1808.1 et seq.. Drivers must complete a CHP approved Tow Operator Cıurse every ¡ve(5) years and copies of completion of the course shall be sent to the City All Tow operators andpersonnel shall have no criminal record which would preclude them from being placed in a position of trustwhile in the service of a law enforcement agency or any crime listed below under the heading of "Criminal
Record "
E.) Fingerprints
All owners and employees who have not previously submitted their "LiveScan" fingerprint samples shall
submit their "LiveScan" fingerprint samples, at their own expense, through the City þrior to being awarded
this Agreement, for the purposes of verifying their criminal history with the Department of Justice.
Failure to provide information regarding the identity of the owner, employee, or anyone else with a
financial interest in the Tow Operator will result in termination of this Agreement. The Íow Operator willprovide the City with information regarding any change in employee status immediatety and update DTS
to reflect such changes. Failure to comply may result in further disciplinary action, and will be considered
a breach of this Agreement.
After execution of this Agreement, no person shall be employed by the Tow Operator or perform anyservice under this Agreement until the background record check and "LiveScan" is completed and
approved by the City and said employee has receive< their identification badge from the City
Notwithstanding the foregoing, Tow Operators and owners that have towed for the City under the previous
Tow Service Agreement and have completed a new background and "LiveScan" check will be aliowed to
continue to tow for the City until such time as the results of the background and "LiveScan" submissions
are reviewed and approved by the City
Any employee of the Tow Operator that has left employment with said Tow Operator and returned and
been rehired must complete an additional background check before performing services pursuant to this
Agreement
F.) CriminalRecord
A conviction of anyone with a financial interest in the Tow Operator, or any employee of the Tow Operator,
including but not limited to any of the following offenses, may be cause for denial of application or
termination of this Agreement:
. Any crimes listed in California Penal Code section 290. DUI-Within 5 years of the Date of Fingerprinting. Vehicle theft. Fraud. Stolen property
. Crimes of Violence. Any felony crime relating to narcotics or any controlled substance. Any other crimes enumerated in CVC section 2432.3
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. Act¡vely on parole or on any form of probation. Crime of moralturpitude. Sex, Arson, Narcotics Registrant. Other felony conviction
The City is not required to provide any reason, rationale or factual information in the event it elects to deny
application or remove any of Tow Operator's personnel from providing services for the City under this
Agreement. Tow driver or employee applicants denied under this section may appeal to ine Chief of
Police or his/her designee. All decisions by the Chief of Police, or his/her designee, are final.
ln the event the Tow Operator or employee is convicted or is under investigation, the Tow Operator maybe given the opportunity to replace that employee without prejudice to the Agreement. Nothing shall
ä;iìiiilii,ii:'fl ll,ilL'"il"'.tr¿:",il.ï:fiîiffi i.iffi ::]:3llti:l
tor and/or employee. For the purpose of this section, any conviction or plea
of guilty or nolo contendre, even to any lesser-included offense, are considered convict¡ons. Failure toprovide information regarding the identity of the employee, or anyone else with a financial interest in the
Tow Operator will result in termination of the Agreement. Failure to provide information to the City of any
information regarding the conviction of any of the above crimes may also result in termination of the
Agreement.
G ) ldentification Badges
Each tow truck driver or employee of the Tow Operator shall wear, in plain view an identification badge,
authorized and issued by the City to that employee, while on any call for service where the City isinvolved. lf a tow truck driver responds to a scene without his authorized name badge, the tow truck
driver will be dismissed from the scene and the next Tow Operator in rotation will be ãalled. Failure to
carry an identification badge willbe considered a violation as stated in Section 31, "Dísciplinary Action," of
this Agreement. The purpose of these badges will be to identify those employees of t'he fow Operator
who have been fingerprinted by the City and have passed the record check by the Department of Justice.
es are the property of the City and will be returned by the Tow Operator to the City
hours of an employee's separation. Tow Operator will provide a current list of ail
dispatchers, etc. Anytime there are any changes to this list, the City is to be notified
by the next business day and provided with an updated and current list.
13. Tow Operator Licensinq and Certification
All licensing and certifications required by Federal, State and local authorities shall be maintained current and
valid at all times as required in CVC sections: 34507.5, 34600 et seq, 34620, and 12111, and sections 7231 et
seq, of the California Revenue and Taxation code. Failure to have any required license or certification, including
any driver who fails to have an appropriate class of license, may be grounds for immediate termination by City
without penalty.
14. lnspection
All real property and improvements thereon, and all vehicle facilities, equipment and materials used by the TowOperat nce of the services required herein shall be open to inspection by the City or itsauthori and will be subject to no less than one annual inspection. Additional-inspectiohs may
be con ce during normal business hours. lnspections may include, but are not limited to, ailbooks, , reports, files, financial reccrds, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpole oi auditing
or inspecting any aspect of performance directly related to this Agreement. ln the event that the City determines
that the real property and improvements thereon are ir sufficient, derelict or fail to meet the reqúirements as
called out in this Agreement, this Agreement may be terminated by City immediately, without penaliy.
15- Vehicle and Equipment Requirements
Tow vehicles will be maintained in compliance with sections 24605, 25253,25300, 27700 and 27907 of theCVC. Tow vehicles will be of at least 14,000 lbs. GVWR with dual rear wheels, with the ability to tow two (2)
vehicles, or a vehicle and/or a trailer. Tow vehicles must have two-way communication capãOitities and the
ability to communicate and connect with the DTS System at all times. The Tow Operator shail have equipment
capable of towing from off-road areas, towing from underground facilities, and recovery services with an
adjustable boom with at least five tons of lifting capacity. ln addition to the conventional wheel lift towing
capabilities, the Tow Operator shall maintain at least one or more flatbed or rollback trucks with a minimum offifty (50) feet of cable, and the required safety equipment. Unless otherwise specified by the City all Tow
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Operators shall respond to a tow service request with a flatbed or rollback truck as specified above. At the
discretion of the tow operator, a wrecker may be used to respond to a tow service request lf for any reason the
Tow Operator is unable to complete the tow service request with the wrecker, the Tow Operator will not be
placed back on the top of the rotation list and a new Tow Operator will receive the tow service request.
A 3-axle or 25-ton truck is not required equipment. However, Tow Operators that possess this equipment will be
placed on a heavy-duty tow rotation list.
All trucks must have the required emergency lighting, portable stop and tail lamps, a broom, shovel, fire
extinguisher (rating 4-8, C), a utility light, reflective triangles, a large pry-bar, covered trash cans with approved
absorbent, rags, unlocking equipment, dollies (boom trucks), chains, and/or tie downs.
Wheel lift trucks will maintain at least 100 feet of cable and all safety equipment as required by the
manufacturer.
Tow vehicles must have a cable winch of sufficient size and capacity to retrieve vehicles that have gone off
traveled portions of roadways into inundated areas or other inaccessible locations. Winches must have visible
lD tags designating the model, make, serial number, and rated capacity.
All tow trucks used in City tows will be subject to a yearly inspection. This does not preclude the City from
conducting random inspections throughout the year.
16. Vehicleldentification
Tow vehicles shall display identification signs in compliance with section 27907 of the CVC. The Tow Operator
shall not display any sign or advertising material that indicates that his tow vehicles are an official police service
of the City.
17. Gharges and Fees to be collected from Registered Owners
All rates and charges shall be conspicuously posted in the office and in all tow vehicles. These rates shall quote
complete charges and fees with no additional fees to be added at a later date. These rates will be available for
review by City personnel and/or the person for whom tow service is provided. All fees collected shall be itemized
and invoiced in DTS in accordance to section 22651.07 of the CVC. lt will be the Tow Operator's responsibility
to collect his bill for service, and the City will not be responsible in any way for these charges. Storage fees will
be calculated on the calendar day except the first 24-hours which is counted as a single day in accordance with
California Civil Code (CCC) 3068 I (see Attachment B) All fees listed on the DTS invoice will be received in the
form of major credit card, debit card, or cash. All fees collected, both City and Tow Operator fees, must be
invoiced through the DTS system prior to release and at the time of payment. No credit card fees will be
charged pursuant to CVC section 22651.1 and CCC section 1748.1 for any portion of the fees. The City
reserves the right to change all payment methods during the term of this agreement.
18. Lien Fees
At no time shall the City be charged a lien fee on a towed or impounded vehicle. No lien shall be attached to
any vehicle that has been impounded by the City untif after seventy-two (72) hours from the time of storage as
listed in the DTS system have passed pursuant to section 22851 12 of the CVC. All lien transactions mult be
entered into the DTS system by Tow Operator. Vehicles sold at lien sale shall abide by all laws relating to lien
sales A vehicle held in impound by the City for thirty (30) days, shall not be sold at lien until such time as is
considered reasonable to allow the registered owner time to pay for and pick up the vehicle before it is sold at
lien, but under no circumstances before the thirty-fifth (35th) day after storage.
The Tow Operator shall abide by all applicable statutes and ordinances concerning disposal of unclaimed
vehicles, including but not necessarily limited to CVC sections 22670;22851',22851.1',228512',22e5j.3.,
22851 .4; 22851.6; 22851.8; 22851 .10, 22851 .12 and 22852 5.
As described in CVC section 22856, liability for despoliation of evidence shall not arise against the Tow
Operator that sells any vehicle at, or disposes of any vehicle after, a lien sale, as long as the Tow Operator can
show written proof that he was notified in writing by the City that the vehicle would not be needed as evidence in
a legal action. This proof may exist in the form of an official release in the DTS System or any other written
conveyance signed by a member of the City prior to the official, written release of the vehicle
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19. Reasonableness and Validitv of Fees
Fees charged to the registered owner or any other person for response to calls originating from the City shall be
reasonable and not in excess of those rates charged for similar services provided in response to requests
initiated by any other public agency or private person During the term of this agreement, the City shall conduct
an annual review each December of towing and storage fees of comparable cities and adjust rates set forth in
Attachment B by the first week of January of the following year.
20. Towinq Operation
All tows performed under this Agreement will be included in the flat rate charge as described in Attachment B
No additional charges shall be charged without prior approval from the City and written notice is provided in the
DTS System. Any unapproved charges received outside the DTS System will result in immediate termination of
this Agreement and removal from the rotation list.
The Tow Operator shall base towing charges upon the class of vehicle being towed regardless of the class of
the truck used, except when vehicle recovery operations require a larger class truck. The Tow Operator may
refer to the tow truck classes and weight ratings as defined by the Towing & Recovery Association of America
(TRAA) vehicle identification guide.
21. Service Call Rotation and Fees
The City shall establish a separate rotation list for Tow Operators willing to respond to service requests (out of
gas, lockouts, tire changes, etc.) Rates for a service requests shall not exceed one-half the flat rate charge for a
light duty truck response.
22. Gate Fees
No gate fees may be charged between 8:00 a.m through 5:00 p.m. Monday through Friday, excluding State
recognized holidays as listed below:
New Year's Day
Martin Luther King Day
Presidents'Day
Cesar Chavez Day
Memorial Day
lndependence Day
Labor Day
Veterans'Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
An after hours gate fee may be charged at all other times. The gate fee is not to exceed fifty percent (50%) of
the flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal
property recovery that occurs outside normal business hours (excluding lien fees, storage fees, taxes, or other
additional fees.) The Tow Operator is responsible for assuring that proper gate fees are charged in accordance
with this section. Over charging gate fees will be considered a major violation as outlined in Section 30.
All towing and storage fees charged by the Tow Operator are the responsibility of the vehicle's owner and are
not the responsibility of the City The exception would be evidentiary impounds made at the direction of City
personnel
23. Cancelled Tow
The City shall not be liable to pay the Tow Operator or anyone else any charge or other fee for a call that does
not result in a chargeable service being rendered by Tow Operator ("Dry Run"). The cancelled Tow Operator
shall be placed back on the top of the rotation list and will receive the next tow in rotation
24. Towed in Error
ln the event the City determines that an error has occurred in impounding a vehicle, it shall be immediately
released to the registered owner without charge and the Tow Operator will be placed back on the top of the
rotation list and will receíve the next tow in rotation. ln addition, the Tow Operator will be given one extra tows
on the rotation list. Additional extra tows may be given at the discretion of the Tow Unit
25. Release Fees
California law authorizes the recovery of funds required to enforce certain provisions of the CVC and promote
traffic safety on public roadways. This authorization falls under CVC section 22850.5 and further authorized by
-16-
City resolutions. These resolutions are open to public view at the City and/or City offices and are on file with the
City's Traffic Bureau. The Tow Operator will collect fees on the behalf of the City from the registered owner,
legal owner or agent of an impounded car.
A City administrative / franchise fee will be charged for the release of a vehicle that has been impounded by the
City. Fees will be established by an independent consulting flrm to determine the City's costs associated with
impounding vehicles in accordance with CVC sections 22850.5 and 12110(b). All vehicles impounded will be
charged an administrative / franchise fee for the release of the vehicle. This fee will be established and attached
to each vehicle in the DTS System. The City's administrative fees will be collected at the time of the release by
the Tow Operator. The Tow Operator will pay the City's franchise fees equivalent to the City's administrative
fees for every vehicle that is not picked up by the owner or agent. The Tow Operator will pay the City's
administrative / franchise fees for every.City vehicle that was towed during the preceding month and will pay the
City no later than 12:00 p.m. on the 15' of the following month, regardless of the disposition of the vehicle. ln
the event that the 15'n of the month falls on one of the State recognized holidays listed in Section 22 above, or a
weekend, the City's administrative/franchise fee must be paid by 12:00 p.m. on the following business day. Tow
Operators who fail to submit the City's administrative / franchise fees to the City by the 15'n day of each month
will be immediately suspended from rotation until all fees are received, and will be subject to appropriate
disciplinary action and civil recourse. The City will keep a strict accounting of these fees through the DTS
System and frequent audits will take place to ensure accurate and timely payment of collected City
administrative / franchtse fees. The fee will be listed as an item on the owner's / agent's DTS contractor invoice
26. UnauthorizedRelease
Unauthorized release of an impounded vehicle, accidental or otherwise, having evidentrary value, not officially
released by the City, and determined to be the fault of the Tow Operator, will result in the issuance of a major
violation as set forth in this Agreement. The determination of such fault will be the responsibility of the City
27. Release of Multi-Dav lmpounds
A vehicle impounded with a multiple day hold may only be released prior to the impound period with written
authorization by the City in the DTS System The DTS System will automatically schedule the release of an
impounded vehicle.
28. Release of Vehicles
Vehicles may only be released through the DTS System. Once the DTS System authorizes the release of a
stored or impounded vehicle, it is the Tow Operator's responsibility for the vehicle's release. The Tow Operator
is hereby granted authority to release to the registered owner, legal owner, or authorized representative,
pursuant to section 22850.3 of the CVC. At the time of release, the Tow Operator shall have the registered
owner, legal owner, or authorized representative taking possession of the vehicle sign a release indicating that
they are properly licensed and insured to drive a motor vehicle.
29. DisciplinarvAction
The Chief of Police, or his/her designee, shall take disciplinary action against Tow Operators for violations
investigated and sustained. Unless otherwise noted, the Chief of Police, or his/her designee, will determine the
period of suspension and shall retain discretion regarding the length of any suspension imposed pursuant to the
terms and conditions of this Agreement. The City shall retain record of violations for at least the term of this
Agreement.
30. Maior violations
Major violations include any chargeable offense under Federal, State, Local Law and significant violations of this
Agreement. Such violations shall result in suspension or immediate termination of this Agreement. The Chief of
Police or his/her designee, reserves the right to impose longer periods of suspensions or immediate
termination, if deemed appropriate in his/her sole discretion. The Chief of Police, or his/her designee, reserves
the right to remove a Tow Operator from the tow rotation during the investigation of a major violation. A
reinstatement from suspension for a major violation will result in a five hundred dollar ($500.00) fee. Suspension
will not be lifted until the reinstatement fee is received by the Chief of Police or his/her designee. ln addition, a
major violation may also result in the Tow Operator's employee being removed from participation in this
Agreement. Examples of major violations include, but are not limited to:
. Physical assault, against public and/or law enforcement. Verbal abuse against public and/or law enforcement. Resisting arrest. Tow Truck Driver under the influence of alcohol or illegal drugs
17-
. Charg¡ng rates that exceed those listed in Attachment B
. Vehicle released without authorization
. Unauthorized access to storage yard
. Theft
. Mishandling of vehicles stored as evidence
. Unauthorized driver responding to call
. Failure to provide information or change of status on any Tow Operator employee or staff. Substantiated private party impound complaints
. Any Felony/Misdemeanor arrest. Refusal to take a rotational tow
. Failure to utilize the DTS System for all City towing related matters
. Repeated late or nonpayment of City franchise fees
. Failure to properly secure storage yard
¡ Failure to obey a lawful order by law enforcement
31. Minor violations
Minor violations will be given to the Tow Operator in the form of a documented warning for the first violation The
second violation will be in the form of a documented reprimanded and a one hundred dollar ($100.00) fine.
Repeated minor violations during the term of the Agreement may be treated as a major violation, and the Tow
Operator will be suspended or terminated from this Agreement. A reinstatement from suspension will result in a
five hundred dollar ($500.00) fee. Suspension will not be lifted until the reinstatement fee is received by the
Chief of Police or his/her designee. Examples of minor violations include, but are not limited to:
. Late payment of City franchise fees
. Tow truck drivers not wearing City issued l.D. cards/ proper uniform. Unauthorized arrival time in excess of thirty (30) minutes, or forty-five (45) minutes during peak hours. Repeated rejection of dispatched calls
. Other violations of this Agreement not considered a major violation by the Chief of Police or his/her
designee. Unauthorizedride-a-long. Failure to respond to customers' needs
. Failure to maintain proper equipment. Failure to clean up at a collision scene
. Vehicle code infractions
32. Hearinq/Appeal
Tow Operator must have a legal existing interest in the tow operation or entitlement subject to the City order,
citation, decision or determination to have standing to appeal a decision by the Chief of Police or his/her
designee. An appeal that fails to identify the appellant's standing may be rejected as defective
ln the event FPD serves Tow Operator with disciplinary action amounting to anything less than a suspension
resulting from a minor violation, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow Unit.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension for thirty (30) days or
less resulting from a minor or major violation, the Tow Operator may request a hearing within fifteen (15)
calendar days by submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow
Unit. Upon receipt of a written request for an appeal, and at the discretion of the Chief of Police, or his/her
designee, the Tow Operator may be allowed to continue rotational tows until the final disposition of the appellate
hearing.
ln the event FPD serves Tow Operatorwith disciplinary action amounting to a suspension in excess of thirty (30)
days, or termination of the TSA, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Administrative Hearing Officer by way of the City Manager's Office. The
written appeal shall be in compliance with FMCsectionsl-407 and 9-1712. Notwithstanding any provision
within Chapter 1, Article 4 of the FMC, any person who appeals a suspension in excess of thirty (30) days, or a
termination of the TSA shall not be entitled to placement on the Tow Rotation List or to participate in tows until
such time as any appeal hearing has been concluded and the Administrative Hearing Officer finds that no
grounds for a suspension in excess of thirty (30) days, or a termination of the TSA has been established. Tow
Operator's remedy shall be limited to reinstatement on the tow rotation list in such case and no other
compensation or consideration will be allowed.
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ATTACHMENT B
TOW FEES
Flat price per vehicle per call:
Light Duty Tow/Flatbed $ 184.00/Each
Medium Duty Tow $ Average CHP Rates Apply
Heavy Duty Tow $ Average CHP Rates Apply
Water Recovery: $ Average CHP Rates Apply
Technoloqy Fee:
DTS Software Fee per Vehicle Towed $ Charge listed in DTS Contract and DTS System
Storaqe Rates:
Passenger cars $ 45.00/per day
Motorcycles $ 45.00/per day
Trucks or Trailers $ Average CHP Rates Apply
lnside Storaqe Rates:
Passenger cars $ 55.00/per day
Motorcycles $ 55.00/per day
Trucks or Trailers $ Average CHP Rates Apply
Gate Fee: No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding
State recognized holidays as listed in the Agreement.
An after hours gate fee may be charged at all other times. The gate fee shall not exceed fifty percent (50%) of the
flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal property
recovery that occur outside normal business hours (excluding lien fees, storage fees, taxes, or other additional
fees).
Non{ow service calls (out of gas, lockouts, and flat tires) shall not exceed one-half the flat rate charge for a light
duty truck response.
City of Fresno Administrative / Franchise Fees:
Vehicle Collision Blocking a Roadway $ 60.00
lllegally Parked / Abandoned Vehicle $116.00
Unlicensed Driver/ Expired Registration $189.00
Arrested / Suspended Driver $266.00
DUI Driver $450.00
All fees listed on the DTS invoice will be received in the form of major credit card, deblt card or cash. No
credit card fee will be charged pursuant to CVC section 22651.1 and CCC section 1748.1.
- 19 -
CITY OF FRESNO
NON-EXCLUSIVE FRANCHISE TOW AGREEMENT
FOR FRESNO POLICE DEPARTMENT
This Non-exclusive Franchise Tow Agreement (TSA) is entered into effect on the 28th day of December 2014 set
forth below, at Fresno, California, between the City of Fresno, a municipal corporation (City) and Econo Towing,
a sole proprietorship (the Tow Operator).
all attachments, contains rules and regulations that a tow company agrees to comply
in the tow operations of the City of Fresno Police Department (FPD). Participation in
gram (Tow Program) is voluntary. Compliance with all of the terms and conditions of
the Agreement is mandatory for tow companies participating in the Tow Program. A Tow Operator, by agreeing
to participate in the Tow Program, is not acting as an agent for FPD or City when performing services unðer thié
Agreement.
1. Governinq Law and Venue
This Agreement shall be governed by, and construed enforced in accordance with, the laws of the State of
California excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue
for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any
rights and duties hereunder shall be the County of Fres lo, California.
2. Entire Aqreement
This Agreement, its attachments and exhibits, when accepted by the Tow Operator either in writing or
commencement of performance hereunder, contains the entire Agreement between the parties with respeót to
the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forthherein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by
City in writing
3. Amendments
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by theparties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties,
and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in
writing.
4. Assiqnment or Sub Contractinq
The terms, covenants, and conditions contained herein shall apply to the parties. Furthermore, neither the
performance of this Agreement nor any portion thereof may be assigned or subcontracted by Tow Operator
without the express written consent of City. Any attempt by Tow Operator to assign or subcontract theperformance or any portion of this Agreement without the express written consent of City shall be invalid and
shall constitute a breach of this Agreement.
5. PatenUCopvriqht Materials/Proorietarv lnfrinqement
Unless otheruvise expressly provided in this Agreement, Tow Operator shall be solely responsible for obtaining a
license or other authorization to use any patented or copyrighted materials in the performance of this
Agreement. Tow Operator warrants that any Software as modified through services provided hereunder will not
infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Tow Operator
agrees that, in accordance with the more specific requirement below, it shall indemnify, defend and hold City
and City lndemnitees harmless from any and all such claims and be responsible for payment of all costs,
damages, penalties and expenses related to or arising from such claim(s), including, but not limited to,
attorney's fees, costs and expenses.
6. Non-Discrimination
ln the performance of this Agreement, Tow Operator agrees that it will comply with the requirements of section
1735 of the California Labor Code and not engage nor permit any Tow Operators to engage in discrimination in
employment of persons because of the race, religious creed, color, national origin, ancéstry, physical disability,
mental disability, medical condition, marital status, or sex of such persons. Tow Operator acknówledges that a
violation of this provision shall subject Tow Operator to all the penalties imposed for a violatioñ of anti-
discrimination law or regulation, including but not limited to, section 1720 et seq. of the California Labor Code.
1
7. Termination
ln addition to any other remedies or rights it may have by law, City has the right to terminate this Agreement
without penalty immediately with cause and either party may termlnate after thirty (30) days written notice
without cause, unless otherwise specified. Cause shall be defined as any breach of this Agreement or any
misrepresentation or fraud on the part of the Tow Operator. Exercise by City of its right to terminate the
Agreement shall relieve City of all further obligation.
8. Gonsent to Breach Not Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or
consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any
party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver
of, or excuse for any other different or subsequent breach.
9. Remedies Not Exclusive
The remedies for breach set forth in this Agreement are cumulative as to one another and as to any otherprovided by law, rather than exclusive; and the expression of certain remedies in this Agreement dóes not
preclude resort by either party to any other remedies provided by law.
10. Independent Tow Operator
Tow Operator shall be considered an independent Tow Operator and neither Tow Operator, its employees nor
anyone working under Tow Operator shall be considered an agent or an employee of City. Ñeit-her Tow
Operator, its employees nor anyone working under Tow Operator, shall qualify for workers' ðompensation or
other fringe benefits of any kind through City.
11. Performance
Tow Operator shall perform all work under this Agreement, taking necessary steps and precautions to perform
the work to City's satisfaction. Tow Operator shall be responsible for the professional quality, technical
assurance, timely completion, and coordination of all documentation and other goods/services furnis-hed by Tow
Operator under this Agreement. Tow Operator shall: perform all work diligenfly, carefully, and in a goo'd and
workman-like manner; furnish all labor, supervision, machinery, equipment, materials, and supplies nãcessary
therefore; at its sole expense obtain and maintain all permits and licenses required by public authorities,
including those of City required in its governmental capacity, in connection with performancè of the work; and, ifpermitted to subcontract, be fully responsible for allwork performed by sub-Tow Operators.
12. lndemnification
A) Tow Operator shall indemnify, hold harmless and defend City and each of its officers, officials,
employees, agents and authorized volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but no¡imited top any time and property damage) incurred by City, Tow Operator, or anyo any and all claims, demands and actions in law or equity (includinga on expenses), arising or alleged to have arisen directly or indirectly out ofp ement. Tow Operator's obligations under the preceding sentence shall
apply regardless of whether City or any of its officers, officials, employees, agents or authorized
volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or
damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any
of its officers, officials, employees, agents or authorized volunteers.
B) lf Tow Operator should subcontract all or any portion of the work to be performed under this
Agreement, Tow Operator shall require each subcontractor to indemnify, hold harmless and defend
City and each of its officers, officials, employees, agents and authorized volunteers in accordance
, with the terms of the preceding paragraph.
C) This section shall survive termination or expiration of this Agreement.
13. lnsurance
A) Throughout the life of this Agreement, Tow Operator shall pay for and maintain in full force and
effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted
by the California lnsurance Commissioner to do business in the State of California and rated not
less than 'A-Vll' in Best's lnsurance Rating Guide, or (ii) authorized by City's Risk Manager. The
following poficies of insurance are required:
2
1) COMMERCIAL GENERAL LIABILITY insurance which shall be on the most current version of
lnsurance Services Office (lSO) Commercial General Liability Coverage Form CG 00 01 and
include insurance for "bodily injury," "property damage" and "personal and advertising injury"
with coverage for premises and operations, products and completed operations, and
contractual liability (including, without limitation, indemnity obligations under the Agreement)
with limits of liability of not less than $1,000,000 per occurrence for bodily injury and property
damage, $1,000,000 per occurrence for personal and advertising injury and $2,000,000
aggregate for products and completed operations and $2,000,000 general aggregate.
2) GARAGEKEEPERS LEGAL LIABILITY insurance which shall include coverage for vehicles in
the care, custody, and control of the Tow Operator with limits of liability of not less than
$120,000 per occurrence for property damage.
3) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be on the most current
version of lnsurance Service Office (lSO) Business Auto Coverage Form CA 00 01, and
include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles
(Code 1- Any Auto) with limits of not less than $1,000,000 per accident for bodity injury and
property damage.
4) ON-HOOKCARGO insurance which shall include coverage for vehicles in tow with limits of
liability based on the size of the tow truck, which are as follows:
Class A/B tow truck. ....... $120,000
Class C tow truck $200,000
Class D tow truck... ... $300,000
WORKERS' COMPENSATION insurance as required under the California Labor Code and
EMPLOYERS'LIABILITY insurance with minimum limits of $1,000,000 each accident, $1,000,000
disease policy limit and $1,000,000 disease each emptoyee.
Tow Operator shall be responsible for payment of any deductibles contained in any insurance
policies required hereunder and Tow Operator shall also be responsible for payment of any self-
insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate
of lnsurance and approved by the City's Risk Manager or his/her designee At the option of the
City's Risk Manager, or his/her designee, either:
1) The insurer shall reduce or eliminate such deductibles or self-insured retention as
respects city, its officers, officials, employees, agents and volunteers; or
2) Tow Operation shall provide a financial guarantee, satisfactory to City's Risk Manager, or
his/her designee, guaranteeing payment of losses and related investigations, claim
administration and defense expenses. At no time shall City be responsible for the payment of
any deductibles or self-insured retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30)
calendar days written notice in favor of City of policy cancellation, change or reduction of covérage,
except for the Workers'Compensation policy which shall provide ten (10) calendar days written
notice of such cancellation, change or reduction of coverage. ln the event any policies are due to
expire during the term of this Agreement, Tow Operator shall provide a new certificate and all
applicable endorsements evidencing renewal of such policy prior to the expiration date of the
expiring policy(ies) to the Chief of Police, or his/her designee, and the City's Risk Division. Upon
issuance by the insurer, broker, or agent of a notice of cancellation, change or reduction in
coverage, Tow Operator shall file with the Chief of Police, or his/her designee, and the City's Risk
Division, a new certificate and all applicable endorsements for such policy(ies).
The General Liability, Automobile Liability and Garagekeepers Legal Liability insurance policies
shall be written on an occurrence form and shall name City, its officers, officials, agents, employees
and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Tow
Operator's insurance shall be primary with respect to the City, its officers, officials, employees,
agents and authorized volunteers with no contribution required of City. Any Workers' Compensation
insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents,
a)
b)
c)
5)
B)
c)
D)
J
employees and author¡zed volunteers. Tow Operator shall have furnished City with the certificate(s)
and applicable endorsements for ALL required insurance prior to City's execution of the Agreement.
E) The fact that insurance is obtained by Tow Operator shall not be deemed to release or diminish the
liability of Tow Operator, including, without limitation, liability under the indemnity provisions of this
Agreement. City shall apply to all claims and liability regardless of whether any insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by Tow Operator. Approval or purchase of any insurance contracts or policies shall in no
way relieve from liability nor limit the liability of Tow Operator, its principals, officers, agents,
employees, persons under the supervision of Tow Operator, vendors, suppliers, invitees,
consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of
them.
F) Upon request of City, Tow Operator shall immediately furnish City with a complete copy of any
insurance policy required under this Agreement, including all endorsements, with said copy certified
by the underwriter to be a true and correct copy of the original policy. This requirement shall survive
expiration or termination of this Agreement.
G) lf at any time during the life of the Agreement or any extension, Tow Operator fails to maintain the
required insurance in full force and effect, all work under this Agreement shall be discontinued
immediately until notice is received by City that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory to City.
Any failure to maintain the required insurance shall be sufficient cause for City to terminate this
Agreement.
H) lf Tow Operator should subcontract all or any portion of the work to be performed, Tow Operator
shall require each subcontractor to provide insurance protection in favor of the City, its of¡cer,
officials, employees, agents and authorized volunteers in accordance with the terms of each of the
preceding paragraphs, except that the subcontractors certificates and endorsements shall be on file
with the Tow Operator and City prior to the commencement of any work by the subcontractor.
14. Bills and Liens
Tow Operator shall pay promptly all indebtedness for labor, materials, and equipment used in performance of
the work. Tow Operator shall not permit any lien or charge to attach to the work or the premises, but if any does
so attach, Tow Operator shall promptly procure its release and indemnify, defend, and hold City harmleés and
be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related
thereto
15. Chanqe of Control
Tow Operator agrees that if there is a change or transfer in ownership or control of the Tow Operator's business
prior to completion of this Agreement, unless such change or transfer is to "immediate family" as defined in
Fresno Municipal Code (FMC) section 3-101(e) and approved in writing by the Chief of Police, or his/her
designee, such change or transfer shall terminate this Agreement. This includes but is not limited to changes in:
Corporate Board Members, Managers, Directors, Treasurer, Trustees, or ownership interests. All changes or
transfers to "immediate family" must be approved by the Chief of Police, or his/her designee, prior to such
change or transfer in order for the Tow Operator to remain on the tow services list. Final written approval or
disapproval for the change or transfer in ownership or control will be given by the Chief of Police or his/her
designee. All "immediate family" members involved in the potential transfer and operation of the Tow Operator
shall be required to undergo a background check, review, and "Livescan" fingerprint screening. The "immediate
family" members involved in the change or transfer of ownership or control must also possess and keep current
all licensing certificates and insurance as required in this Agreement. The "immediate family" members who will
operate or otherwise be legally responsible for the Tow Operator will be required to execute a new TSA
A) Tow Operator owners shall be directly involved in the day{o-day operations of their
business and shall not be directly involved in the towing-related business of any other tow
company on, or applicant for, the Tow Rotation List. Co-mingling of operations, business,
offices, board members, and finances is strictly prohibited.
B) lf terminated or suspended, Tow Operator and/or its owner at the time of the suspension or
termination, shall not be eligible for a rotation listing for the duration of the suspension or
termination This section applies to the Tow Operator working in any capacity within any tow
4
business or operating any tow business and to the tow business even if operated under new
ownership.
C) Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow
Rotation List, excluding equipment which may be unavailable due to repairs or when there is a need
for equipment replacement and written approval is obtained from the Chief of Police or his/her
designee
16. Force Maieure
Tow Operator shall not be in breach of this Agreement caused by any act of God, war, civil disorder,
employment strike or other cause beyond its reasonable control, provided Tow Operator gives written notice of
the cause of the delay to City within thirty-six (36) hours of the start of the delay and Tow Operator avails itself of
any available remedies.
17. Confidentialitv
Tow Operator agrees to maintain the confidentiality of all City and City-related records and information pursuant
to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term
of this Agreement. All such records and information shall be considered confidential and kept confidential by
Tow Operator and Tow Operator's staff, agents and employees.
18. Compliance with Laws
Tow Operator represents and warrants that services to be provided under this Agreement shall fully comply, at
Tow Operator's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and
regulations, including, but not limited to those issued by City in its governmental capacity and all other laws
applicable to the services at the time services are provided to and accepted by City. Tow Operator
acknowledges that City is relying on Tow Operator to ensure such compliance (collectively Laws). Tow Operator
agrees that it shall defend, indemnify and hold City and City lndemnitees harmless from all liability, damages,
costs, and expenses arising from or related to a violation of Laws.
19. Pricinq
The Agreement price shall include full compensation for providing all required services in accordance with the
Scope of Work attached to this Agreement, and no additional compensation will be allowed therefore, unless
otherwise provided for in this Agreement Tow Operator shall pay the City Franchise Fees as listed in
Attachment "B", or "City Administrative / Franchise Fees", in accordance with Parag raph 25 of Attachment "A".
20. Terms and Conditions
Tow Operator acknowledges that the undersigned has read and agrees to all terms and conditions included in
this Agreement.
21. Severabilitv
lf any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired or invalidated thereby.
22. Galendar Davs
Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless
otherwise expressly provided.
23. Attornev Fees
lf either party is required to commence any proceeding or legal action to enforce any term, covenant or condition
of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other
party its reasonable Attorney's fees and legal expenses.
24. lnterpretation
This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in
the matters dealt with in this Agreement. ln addition, each party has been represented by experienced and
knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel
despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have
not been influenced to any extent whatsoever in executing this Agreement by any other party hereto or by any
person representing them, or both. Accordingly, any rule or law (including California Civil Code section 1654) or
legal decision that would require interpretation of any ambiguities in this Agreement against the party that has
5
drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable
manner to affect the purpose of the parties and this Agreement.
25. Authoritv
The parties to this Agreement represent and warrant that this Agreement has been duly authorized and
executed and constitute the legally binding obligation of their respective organization or entity, enforceable in
accordance with its terms.
26. Emplovee Eliqibilitv Verification
Tow Operator warrants that it fully complies with all Federal and State statutes and regulations regarding the
employment of aliens and others and that all its employees performing work under this Agreement meet the
citizenship or alien status requirement set forth in Federal statutes and regulations. Tow Operator shall obtain,
from all employees performing work hereunder, all verification and other documentation of employment eligibility
status required by Federal or State statutes and regulations including, but not limited to, the lmmigration Reform
and ControlAct of 1986, I U.S.C. 51324 et seq., as they currently exist and as they may be hereafter amended.
Tow Operator shall retain all such documentation for all covered employees for the period prescribed by the law.
Tow Operator shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its
agents, officers, and employees from employer sanctions and any other liability which may be assessed against
Tow Operator or City or both in connection with any alleged violation of any Federal or State statutes or
regulations pertaining to the eligibility for employment of any persons performing work under this Agreement.
27. Additional Terms and Conditions
A) Term of Agreement: This Agreement shall commence on December 28, 2014, and shall be
effective for three (3) years from that date, unless otherwise terminated by City.
B) Fiscal Appropriations: This Agreement is subject to and contingent upon applicable budgetary
appropriations being made by the City for each year during the term of this Agreement. lf such
appropriations are not forthcoming, the Agreement will be terminated without penalty. Tow
Operator acknowledges that funding or portions of funding for this Agreement may also be
contingent upon the receipt of funds from, and/or appropriation of funds by City lf such funding
and/or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate
or modify this Agreement without penalty.
C) Conflict of lnterest (Tow Operator): Tow Operator shall exercise reasonable care and diligence to
prevent any actions or conditions that result in a conflict with the best interest of City This
obligation shall apply to Tow Operator, Tow Operator's employees, agents, relatives, and third
parties associated with accomplishing the work hereunder. Tow Operator's efforts shall include, but
not be limited to, establishing precautions to prevent its employees or agents from making,
receiving, providing, or offering gifts, entertainment, payments, loans, or other considerations which
coufd be deemed to appear to influence individuals to act contrary to the best interest of City.
D) Tow Operator Work Hours and Safety Standards: Tow Operator shall ensure compliance with all
safety and hourly requirements for employees, in accordance with federal, state, and City safety
and health regulations and laws.
E) Orderly Termination: Upon termination or other expiration of this Agreement, each party shall
promptly return to the other party all papers, materials, and other properties of the other held by
each for purposes of execution of the Agreement. ln addition, each party will assist the other Party
in orderly termination of this Agreement and the transfer of all aspects, tangible and intangible, as
may be necessary for the orderly, non-disruptive business continuation of each party.
F) Reprocurement Costs: ln the case of default by Tow Operator, City may procure the service from
other sources and, if the cost is higher, Tow Operator will be held responsible to pay City the
difference between the Agreement cost and the price paid. City may make reasonable efforts to
obtain the prevailing market price at the time such services are rendered. This is in addition to any
other remedies available under faw.
G) Authorization Warranty: Tow Operator represents and warrants that the person executing this
Agreement on behalf of and for Tow Operator is an authorized agent who has actual authority to
bind Tow Operator to each and every term, condition, and obligation of this Agreement and that all
requirements of Tow Operator have been fulfilled to provide such actual authority
6
28.
H) Notices: Any and all notices permitted or required to be given hereunder shall be deemed duly
given (1)upon actualdelivery, if delivery is by hand; or (2) upon delivery by the United States mail if
delivery is by postage paid registered or certified return receipt requested mail: or (3) through
electronic means such as, email or the Dispatch & Tracking Solutions Software System (DTS).
l) Data - Title to: All materials, documents, data or information obtained from City data files or any
City medium furnished to Tow Operator in the performance of this Agreement will at all times remain
the property of City. Such data or information may not be used or copied for direct or indirect use
by Tow Operator after completion or termination of this Agreement without the express written
consent of City. All materials, documents, data or information, including copies, must be returned to
City at the end of this Agreement.
i) Usage: No guarantee is given by City to Tow Operator regarding usage of this Agreement. Usage
figures, if provided, are approximate, based upon the last usage Tow Operator agrees to supply
services and/or commodities requested, as needed by City, at prices listed in the Agreement,
regardless of quantity requested.
K) Tow Operator's Records: Tow Operator shall keep true and accurate accounts, records, books
and data which shall correctly reflect the business transacted by Tow Operator in accordance with
generally accepted accounting principles. These records shall be stored at the Tow Operators
principal place of business for a period of three (3) years after final payment is received by City.
L) Audits/lnspections: Tow Operator agrees to permit City's authorized representative (including
auditors from a private auditing firm hired by City) access during normal working hours to all books,
accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose
of auditing or inspecting any aspect of performance under this Agreement. The inspection and/or
audit will be confined to those matters connected with the performance of the Agreement including,
but not limited to, the costs of administering the Agreement. City reserves the right to audit and
verify Tow Operator's records before or after final payment is made.
Tow Operator agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of records retention is stipulated under this Agreement or
by law. Tow Operator agrees to allow interviews of any employees or others who might reasonably
have information related to such records Further, Tow Operator agrees to include a similar right to
City to audit records and interview staff of any sub-Tow Operator related to performance of this
Agreement
M) Should Tow Operator cease to exist as a legal entity, Tow Operator's records pertaining to this
Agreement shall be fonvarded to the Chief of Police or his/her designee
Disputes-Aqreement
A) The Parties shall deal in good faith and attempt to resolve potential disputes informally.
1) Tow Operator shall submit to the Chief of Police, or his/her designee, a written demand for a
final decision regarding the disposition of any dispute between the parties arising under,
related to, or involving this Agreement, unless City, on its own initiative, has already rendered
such a final decision.2) Tow Operator's written demand shall be fully supported by factual information, and, if such
demand involves a cost adjustment to the Agreement, Tow Operator shall include with the
demand a written statement signed by a senior official indicating that the demand is made in
good faith, that the supporting data are accurate and complete, and that the amount
requested accurately reflects the Agreement adjustment for which Tow Operator believes City
is liable.
B) Pending the final resolution of any dispute arising under, related to, or involving this Agreement,
Tow Operator agrees to diligently proceed with the performance of this Agreement. Tow Operator's
failure to diligently proceed shall be considered a material breach of this Agreement.
C) Any final decision of City shalf be expressly identified as such, shall be in writing, and shall be
signed by the City Hearing Administrative Officer, or Chief of Police, or his/her designee, as
applicable. lf City fails to render a decision within ninety (90) days after receipt of Tow Operator's
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demand, it shall be deemed a final decision adverse to Tow Operator's contentions. City's final
decision shall be conclusive and binding regarding the dispute unless Tow Operator commences
action in a court of competent jurisdiction.
29. Breach of Asreement
The failure of the Tow Operator to comply with any of the provisions, covenants or conditions of this Agreement
shall be a material breach of this Agreement. ln such event the City may, and in addition to any other remedies
available at law, in equity, or othenruise specified in this Agreement, undertake any of the individual actions or
any combination of the following actions:
1) Afford the Tow Operator written notice of the breach and ten calendar days or such
shorter time that may be specified in this Agreement within which to cure the
breach;
2) Suspend and/or remove Tow Operator from the rotation;
3) Terminate the Agreement immediately, without any penalty.
The Parties hereto have executed this Agreement.
TOW OPERATOR:
rite: ?w il 6tL
Date: ¡ A-?-/,1
TOW OPERATOR*:
Bv:Title:
Print Name:Date.
*lf a corporation or limited liability company, the document must be signed by two corporate officers. The first signature
must be either the Chairman of the Board, President, or any Vice President. The second signature must be the
secretary, an assistant secretary, the Chief Financial Officer, or any assistant treasurers. In the alternatíve, a single
signature is acceptable when accompanied by a corporate document demonstrating the legal authority of the
signature to bind the company.
Date:
DOUGLAS T. SLOAN
City
ATTEST:
YVONNE SPENCE, CMC
City Clerk
Date:By
@anúr 14.CoU*
Date:
CITY OF FRESNO.
8
r z/zz/ t y
ATTACHMENT A
SCOPE OF WORK
1. Scope of Work
Tow Operator shall perform the towing, and storage of vehicles as directed by the City, and in addition, such
other services as provided in this Scope of Work, and shall provide necessary storage facility, tow vehicles,
labor, materials, equipment, machinery, and tools. The Tow Operator shall comply with all State laws and
regulations, applicable to tow units and impound, towing, storage, selling or junking of vehicles Tow operators
must follow all guidelines set forth by equipment manufactures recommendations as to their use and care of all
towing related equipment. All permits and licensing fees as specified under California Vehicle Code (CVC)
sections 34620 through 34624 shall be in full force and effect at all times during this Agreement. Any violation of
this section will be considered a material breach of the Agreement and may result in immediate termination of
this Agreement.
2. Towinq Services and Duties
It shall be the duty of the Tow Operator, when so directed by the City, to provide prompt tow service for vehicles
which are taken into custody by the City. This includes vehicles involved in collisions or disabled by any other
cause, abandoned in public places or on private property. Vehicles impounded for evidence, impeding the flow
of traffic, or which for any other reason, are within the jurisdiction of the FPD. As required by law, Tow
Operators are to remove from the street all debris resulting from said collisions and to clean the immediate area
of such street (CVC section 27700(a)(1)). lt shall also be the duty to provide for the safety and security of those
vehicles and the contents thereof. These duties are inherent to the job and are to be included in the price of the
basic tow bill
The tow truck operator shall provide a business card to the registered owner or driver for the vehicle being
towed. The business card shall contain the name, address and phone number of the tow company as well as
the link to the vehicle search system in DTS as follows: www.findmytow.com
Tow truck operators and/or drivers will not be permitted to drive an impounded or recovered stolen vehicle or
vehicle intended for storage from a FPD rotation call or special operation. Any exceptions must be at the
direction of the FPD officer in charge of the scene and should be limited to repositioning the vehicle to allow for
towing.
The City has designated two (2) tow companies for evidence impound tows and no other rotation tow company
shall maintain custody over these vehicles at any time lf an officer impounds a vehicle for evidence and a non-
preference rotational tow is dispatched, it is the responsibility of the tow driver to verify with the officer on scene
as to whether a vehicle is to be held for evidence. lf it is determined that the vehicle is to be held for evidence,
the tow driver must immediately notify the officer on scene that the company is not authorized to handle
evidence impounds and an evidence tow company shall be dispatched. Tow Operator shall then contact the
Tow Unit on the same business day, or within the next business day if such tow occurs after regular business
hours Acceptance of an evidence tow by a non-designated evidence tow company will result in disciplinary
action and full financial responsibility for all tow and storage fees for each violation.
lf terminated or suspended, Tow Operator and/or owner at the time of the suspension or termination, shall not
be eligible for a rotation listing for the duration of the suspension or termination. This provision applies to the
Tow Operator working in any capacity within any tow business or operating any tow business and to the tow
business even if operated under new ownership.
Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow Rotation List,
excluding equipment which may be unavailable due to repairs or when there is a need for equipment
replacement and written notice has been obtained from FPD.
3. SpecialOperations
FPD conducts special operations coordinated through the Traffic Bureau throughout the year that requires tow
companies at the location of the special operation. Tow companies on the Tow Rotation List that are in good
standing with FPD may be invited to participate in these operations, provided they are willing to remain with the
special operation until its conclusion and forfeit any rotational tow calls (FPD, California Highway Patrol, or
other) received during the duration of the operation. "Good standing" shall mean that Tow Operator has not
violated, or is not in violation of the terms of this Agreement, the provisions of the FMC, State, or Federal law.
All special operations tows will be subject to the provisions of this Agreement. Tow Operator shall respond to a
I
special operation with a flatbed tow truck with the capability of towing (2) vehicles No ride alongs will be allowed
on any special operations unless the ride along is the Tow Owner or a Tow Driver who is in training and has
been approved by FPD.
4. Siqnaqe and hours of Operation
The storage yard or business office shall have a sign that clearly identifies it to the public as a towing service.
The sign shall have letters that are clearly visible to the public from the street and must be visible at ñignt All
storage facilities must be accessible to City personnel twenty-four (24) hours per day and seven (7) dáys per
week. The Tow Operator will provide customer service twenty-four (24) hours per day and seven (7) days per
week for the release of vehicles.
Tow Operator shall provide at least one person at a call station to respond and release vehicles within thirty (30)
minutes. Tow Operator shall maintain all signage required pursuant to CVC sections 22BSO.3 and 22651 07
and include an after-hours contact phone number for Tow Operator.
5. Response Time
Tow Operator shall respond to calls twenty-four (24) hours a day, seven (7) days a week, within the maximum
response time limits as established by the Chief of Police or his/her designee. A reasonable response time is
thirty (30) minutes or less, except during peak hours of 7:00 a m. to g:00 a.m. and 4:00 p.m. to 6:00 p.m.,
(Monday through Friday), when the required response time will be extended to forty-five (45) minutes or less.
Tow Operator shall respond with a tow truck of the class required to tow the vehicle specified by the DTS
System.
6. Non-Response
The Tow Operator shall update the DTS System at the time of dispatch to a tow rotation request. lf the Tow
Operator is either unable to respond or unable to meet the maximum response time, the tow operator shall
immediately update the DTS System accordingly. lf, after accepting the call, the Tow Operator is unable to
respond or will be delayed in responding, the Tow Operator shall immediately update the DTS system
accordingly.
esponse. Each non-response will be immediately
e logged by the DTS System and reviewed by the
than the Tow Operator, the Tow Operator will be
portunity in line.
One such breach, determined to be the fault of the Tow Operator, will be grounds for written reprimand which
may be subsequent to a meeting between the Tow Operator and the City A second breach may be grounds fora (30) thirty-day suspension of this Agreement. A third violation will be considered a material brðach of the
Agreement and may result in immediate termination of this Agreement.
ln the case of suspension or termination, all vehicles then in storage at the time of the suspension or termination
remain protected under this Agreement as City's impounds and the Tow Operator is so bound. The City will
have the option to remove and/or transfer stored vehicles.
When a Tow Operator ble to provide services due to preplanned/scheduled activity,
such as a vacation, m etc., the Tow Operator will notify City in writing via the DTS
system at least forty-e City reserves the right to deny these requesls to maintain
adequate service levels for tow operations. Failure to notify the City will be considered a non-response and a
material breach of this agreement.
7. StoraqeResponsibilities
It shall be the duty of the Tow Operator to provide impound and other storage service for all vehicles as directed
by the City. The Tow Operator shall be responsible for all vehicles, accessories and equipment thereon and all
personal property therein stored by Tow Operator. lt shall be the Tow Operators' duty to protect such stored
vehicles, accessories, equipment, and property against all loss or damage by fire, theft or other causes. The
Tow Operator will have available for review by City personnel, all permits and proof of compliance to all local
zoning, special use, conditional use and special requirements, laws and regulation. lt is the responsibility of the
Tow Operator to ensure vehicles are stored in a secured facility.
8. Size and Location of Storaqe Facilitv
The tow yard shall be located within the City of Fresno's "Metropolitan Area." Metropolitan area is defined as
within the borders of Copper Avenue to the north, American Avenue to the south, DeWolf Avenue to the east,
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and Chateau Fresno to the west. Tow Operator shall be responsible for the security of vehicles and property at
the place of storage. At a minimum, a six (6) foot fence or enclosed secured area is required for outside
storage. A minimum of 5,000 square feet, or room for twenty (20) vehicles, shall be provided All tow yards
located with the City of Fresno shall be in compliance with the,FMC, current Directors Class #208 and shall
follow the current Development and Resource Management Department's Policy and Procedure C-002. lf the
tow facility is located outside the City of Fresno, the tow operator is required to provide written proof that the
yard is in compliance with the authorizing jurisdiction. Tow Operator is responsible for the reasonable care,
custody, and control of any property contained in towed or stored vehicles. The storage facility and business
office will be located at the primary storage yard and shall be maintained in a functional, clean and orderly
fashion. The facility shall have a telephone, on-site fax machine and the necessary computer equipment to
properly run DTS software and to send and receive email.
ln the event of criminal activity at a storage facility, the City may require the Tow Operator to take measures to
assist in preventing such crimes. These measures could include, but are not limited to: the yard being
illuminated during darkness, with security type lighting, to such a degree that visual observation of the entire
yard may be accomplished at all times, improved fencing and/or security patrols.
All vehicles stored or impounded as a result of a tow ordered by the City shall be towed directly to a towing
service storage lot unless the City, or in the case of a citizen's assist, a person legally in charge of the vehicle,
requests that it be taken to some other location
All vehicles towed as a result of action taken by the City will be stored at the Tow Operator's principal place of
business unless directed othenvise by the City's Tow Coordinator. Vehicles stored at an auxiliary storage facility
will be considered a breach of this Agreement. The Tow Operator shall not remove personal property from a
stored vehicle. lf the registered owner removes personal property from a stored vehicle, the Tow Operator will
maintain documentation of such and will require a signed receipt from the registered owner for property
released. The Tow Operator shall immediately notify the City if any contraband, weapons or hazardous
materials are found in the vehicle(s).
9. Enclosed Facilitv
The Tow Operator may maintain, without charge to the City or any other person, separate and enclosed garage
facilities no less than 1,000 square feet of clean working space. The facility must be constructed to include a
roof and at least four walls of substantial design to withstand the elements and protect the vehicles from the
weather. The facility should have a concrete floor and sufficient lighting. This inside facility must be located at
the Tow Operator's primary storage yard. This inside facility is not required to qualify for the City's rotation,
however, when inside storage is requested for a particular vehicle, the next Tow Operator in line meeting the
needs of the City's request will be used.
10. DTS Requirements
Tow Operator shall utilize the most recent, updated and upgraded DTS software program, to dispatch and track,
via a web-based lnternet connection. Tow Operators will be required to enter the towed vehicle information as
instructed by the City. At no time will a vehicle be released, subject to lien, or junked from impound without all
required data fields being entered into the DTS system by the Tow Operator. The Tow Operator shall clearly
identify and enter into DTS the name of the person to whom the vehicle was actually released. All City tow
requests shall be made utilizing this program. Failure at any time to have the DTS program in full operation shall
cause the immediate removal of the Tow Operator from the tow rotation and be grounds for immediate
termination by City. Tow Operator must enter into a separate agreement, or license for the DTS software
program with the owner of that proprietary software. The City shall not provide the DTS software program, any
licensing or sub-licensing thereof or any intermediary services for the procurement by Tow Operator of the DTS
software program This Agreement shall not be executed by the City until Tow Operator has demonstrated to
the City's satisfaction compliance with the requirements set forth herein. Tow Operator shall be liable for all
fees, charges, prices, rates and service charges required from DTS. DTS shall be utilized in "real time" and all
entries should reflect as such. lnvoices shall be used from DTS when releasing vehicles and be pursuant to
section 22651.07 of the CVC. The only Tow Operator personnel authorized to utilize and access DTS are those
that have fully complied with the provisions set forth in Section 12, "Tow Operator Personnel" of this Agreement.
lf the Tow Operator is not in FULL compliance with the above stated requirement, the Tow Operator will be
removed from the City towing rotation. ln the event that DTS fails to provide software services, or the City elects
to utilize a new software provider, the Tow Operator will be required to use the replacement towing software
system. lf that occurs, all references to DTS in this Agreement shall instead be interpreted as references to the
new software program.
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11. Official Notification bv Gitv Reqardinq Tow
Official notification by City regarding tow services is considered any form of written, email, verbal instructions or
notifications received from an authorized City employee or electronic notice from the DTS program. lf the Tow
Operator receives verbal instructions or notifications from a City employee the Tow Operator must respond to
City, by 5:00 p m. (PST) on the next business day.
12. Tow Operator Personnel
A.) Conduct
The Tow Operator shall perform the services required of it in an ethical, orderly manner, endeavoring to
obtain and keep the confidence of the public. At no time will the Tow Operator or its agent or any
employee of the Tow Operator exhibit any of the following behavior: rudeness, or otherwise being
uncooperative, argumentative, threatening, incompetent or acting in a dangerous manner with any City
employee, or with any member of the public. The City reserves the right to cancel an individual tow
assignment, if in the opinion of the City, the Tow Operator is acting in a rude, uncooperative,
argumentative, threatening, incompetent or dangerous manner. The City also reserves the right to cancel
an individual tow assignment tf in the opinion of the City the Tow Operator is likely to damage the vehicle
for which the tow service was called. Other examples of unacceptable behavior include but are not limitedto: profanity, abusive language, disconnecting telephone calls for public inquiries regarding a tow,
threatening, aggressive, or assertive language, failure to provide timely information or documents in
response to a public or City inquiry, lack of respect to any City personnel or member of the public,
destruction or damaging of evidence, failure to comply with the reasonable request of a member of the
public, failure to release vehicle in a timely manner, failure to make appointment for release of vehicle
during evening or weekend hours, failure to promptly be on site at time of appointment for release of
vehicle during evening or weekend hours, impeding an investigation or any other conduct which the City
deems unprofessional.
lf the Tow Operator is found to be in violation of this conduct clause, the City will cancel the Tow Operator
and request the next Tow Operator in rotation. Any such behavior as set forth above shall be considereda material breach of this Agreement and may be grounds for immediate suspension or immediate
termination by the City, without penalty
B.) PersonnelAppearance
Tow Operators shall be required to furnish their employees with a distinctive company uniform. Each
uniform shall have the firm's name, as well as the employee's name, in a conspicuous place. The tow
company's name and driver's first name shall be clearly visible at all times, meaning that protective or
inclement weather outer garments must meet this standard. Each employee shall have sufficient uniforms
so as to maintain a neat, clean appearance at all times. Minimum requirements for uniforms include a
shirt, long pants, and appropriate safety shoes. All drivers shall be in uniform before any towing or service
operation begins. No wording, designs, photos, gestures, or anything that could be considered offensive
or obscene to the general public shall be displayed by the Tow Operators or on any part of the uniform.
Dress standards are required in order to project a professional and positive image to the public
All employees must be neat, clean and well groomed in appearance. ln order to ensure a professional
appearance, all tattoos must be concealed by operators while working. Personnel will be required to
conceal any tattoos with gloves, collars, long sleeves, 'or by other means acceptable to the City. Facial
tattoos of any variety are not permitted. No facial piercings shall be worn while on duty.
Drivers shall wear safety vests or reflectorized clothing that conforms to Occupational Safety and Health
Administration (OSHA) requirements Alternatively, the OSHA safety requirements may be incorporated
into the uniform, jacket, or rain gear, as long as these items are worn as the outermost garment.
C.) UnlawfulActivity
The Tow Operator or it's employees shall not be involved, nor shall the Tow Operator or its employees
become involved in any agreement or activity whether verbal, written or conveyed in any other manner,
any activity or business venture which may be construed as unlawful. lf the City deems the involvement
to be unlawful, the City may immediately terminate this Agreement.
The Tow Operator shall not provide any direct or indirect commission, gift or any compensation to any
person or public or private entity, in consideration of arranging or requesting the services of a tow truck as
provided in section 12110 of the CVC.
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No Tow Operator will be involved or solicit any compensation of any kind including but not limited to
involvement with any other company or business that might result in income or consideration as a result of
any activity initiated by the City
An example of such a prohibited involvement could include but is not limited to: financial reimbursement
by auto-body repair business for referrals, or towing directly from the scene of a collision to the auto-body
shop without prior unsolicited approval or request by the registered owner, driver or insurance company
representative of the damaged vehicle; kickback to or from a security company or homeowner's
association for "finding" or towing a vehicle from a location, whether private property, public, off street
parking facility or a public roadway Violation of this provision shall be grounds for immediate termination
by City, without penalty.
D.) Personnel Licenses
Tow Operators providing services under this Agreement, including tow truck drivers, dispatchers and other
office personnel, will have sufficient knowledge, experience and capability to ensure safe and proper
discharge of their service responsibilities. lt will be the responsibility of the Tow Operator to ensure that all
of its personnel will be properly licensed in accordance with sections 12500, 12520, and 12804.9 of the
CVC. All tow truck drivers and tow truck operators shall be enrolled in the "Pull Notice" program as defined
in CVC section1808.l et seq.. Drivers must complete a CHP approved Tow Operator Course every five
(5) years and copies of completion of the course shall be sent to the City. All Tow Operators and
personnel shall have no criminal record which would preclude them from being placed in a position of trust
while in the service of a law enforcement agency or any crime listed below under the heading of "Criminal
Record."
E.) Fingerprints
All owners and employees who have not previously submitted their "LiveScan" fingerprint samples shall
submit their "LiveScan" fingerprint samples, at their own expense, through the City prior to being awarded
this Agreement, for the purposes of verifying their criminal history with the Department of Justice.
Failure to provide information regarding the identity of the owner, employee, or anyone else with a
financial interest in the Tow Operator will result in termination of this Agreement. The Tow Operator will
provide the City with information regarding any change in employee status immediately and update DTS
to reflect such changes. Failure to comply may result in further disciplinary action, and will be considered
a breach of this Agreement
After execution of this Agreement, no person shall be employed by the Tow Operator or perform any
service under this Agreement until the background record check and "LiveScan" is completed and
approved by the City and said employee has received their identification badge from the City.
Notwíthstanding the foregoing, Tow Operators and owners that have towed for the City under the previous
Tow Service Agreement and have completed a new background and "LiveScan" check will be allowed to
continue to tow for the City until such time as the results of the background and "LiveScan" submissions
are reviewed and approved by the City.
Any employee of the Tow Operator that has left employment with said Tow Operator and returned and
been rehired must complete an additional background check before performing services pursuant to this
Agreement
F.) Criminal Record
A conviction of anyone with a financial interest in the Tow Operator, or any employee of the Tow Operator,
including but not limited to any of the following offenses, may be cause for denial of application or
termination of this Agreement.
. Any crimes listed in California Penal Code section 290. DUI-Within 5 years of the Date of Fingerprinting
. Vehicle theft. Fraud. Stolen Property. Crimes of Violence. Any felony crime relating to narcotics or any controlled substance. Any other crimes enumerated in CVC section 2432.3
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. Actively on parole or on any form of probation
. Crime of moral turpitude
. Sex, Arson, Narcotics Registrant
. Other felony conviction
The City rs not required to provide any reason, rationale or factual information in the event it elects to deny
application or remove any of Tow Operator's personnel from providing services for the City under this
Agreement. Tow driver or employee applicants denied under this section may appeal to the Chief of
Police or his/her designee. All decisions by the Chief of Police, or his/her designee, are final
ln the event the Tow Operator or employee is convicted or is under investigation, the Tow Operator may
be given the opportunity to replace that employee without prejudice to the Agreement. Nothing shall
prohibit the City from removing, suspending or terminating the Agreement. lt will be the responsibility of
the Tow Operator to provide the City with updated information regarding any illegal activity, arrest(s) or
conviction of any Tow Operator and/or employee. For the purpose of this section, any conviction or plea
of guilty or nolo contendre, even to any lesser-included offense, are considered convictions. Failure to
provide information regarding the identity of the employee, or anyone else with a financial interest in the
Tow Operator will result in termination of the Agreement. Failure to provide information to the City of any
information regarding the conviction of any of the above crimes may also result in termination of the
Agreement.
G.) ldentificationBadges
Each tow truck driver or employee of the Tow Operator shall wear, in plain view an identification badge,
authorized and issued by the City to that employee, while on any call for service where the City is
involved. lf a tow truck driver responds to a scene without his authorized name badge, the tow truck
driver will be dismissed from the scene and the next Tow Operator in rotation will be called. Failure to
carry an identification badge will be considered a violation as stated in Section 31, "Disciplinary Action," of
this Agreement. The purpose of these badges will be to identify those employees of the Tow Operator
who have been fingerprinted by the City and have passed the record check by the Department of Justice.
All identification badges are the property of the City and will be returned by the Tow Operator to the City
within forty-eight (48) hours of an employee's separation. Tow Operator will provide a current list of all
staff including drivers, dispatchers, etc. Anytime there are any changes to this list, the City is to be notified
by the next business day and provided with an updated and current list.
13. Tow Operator Licensinq and Certification
All licensing and certifications required by Federal, State and local authorities shall be maintained current and
valid at all times as required in CVC sections: 34507.5,34600 et seg, 34620, and 12111, and sections 7231 et
seq, of the California Revenue and Taxation code. Failure to have any required license or certification, including
any driver who fails to have an appropriate class of license, may be grounds for immediate termination by City
without penalty.
'14. lnspection
All real property and improvements thereon, and all vehicle facilities, equipment and materials used by the Tow
Operator in the performance of the services required herein shall be open to inspection by the City or its
authorized representative, and will be subject to no less than one annual inspection. Additional inspections may
be conducted without notice during normal business hours. lnspections may include, but are not limited to, all
books, accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose of auditing
or inspecting any aspect of performance directly related to this Agreement. ln the event that the City determines
that the real property and improvements thereon are insufficient, derelict or fail to meet the requirements as
called out in this Agreement, this Agreement may be terminated by City immediately, without penalty.
15. Vehicle and Equipment Reouirements
Tow vehicles will be maintained in compliance with sections 24605, 25253,25300, 27700 and 27907 of the
CVC. Tow vehicles will be of at least 14,000 lbs. GVWR with dual rear wheels, with the ability to tow two (2)
vehicles, or a vehicle and/or a trailer. Tow vehicles must have two-way communication capabilities and the
ability to communicate and connect with the DTS System at all times. The Tow Operator shall have equipment
capable of towing from off-road areas, towing from underground facilities, and recovery services with an
adjustable boom with at least five tons of lifting capacity. ln addition to the conventional wheel lift towing
capabilities, the Tow Operator shall maintain at least one or more flatbed or rollback trucks with a minimum of
fifty (50) feet of cable, and the required safety equipment. Unless othen¡vise specified by the City, all Tow
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Operators shall respond to a tow service request with a flatbed or rollback truck as specified above. At the
discretion of the tow operator, a wrecker may be used to respond to a tow service request. lf for any reason the
Tow Operator is unable to complete the tow service request with the wrecker, the Tow Operator will not be
placed back on the top of the rotation list and a new Tow Operator will receive the tow service request
A 3-axle or 25-ton truck is not required equipment. However, Tow Operators that possess this equipment will be
placed on a heavy-duty tow rotation list.
All trucks must have the required emergency lighting, portable stop and tail lamps, a broom, shovel, fire
extinguisher (rating 4-8, C), a utility light, reflective triangles, a large pry-bar, covered trash cans with approved
absorbent, rags, unlocking equipment, dollies (boom trucks), chains, and/or tie downs.
Wheel lift trucks will maintain at least 100 feet of cable and all safety equipment as required by the
manufacturer.
Tow vehicles must have a cable winch of sufficient size and capacity to retrieve vehicles that have gone off
traveled portions of roadways into inundated areas or other inaccessible locations. Winches must have visible
lD tags designating the model, make, serial number, and rated capacity.
All tow trucks used in City tows will be subject to a yearly inspection. This does not preclude the City from
conducting random inspections throughout the year.
16. Vehicleldentification
Tow vehicles shall display identification signs in compliance with section 27907 of the CVC. The Tow Operator
shall not display any sign or advertising material that indicates that his tow vehicles are an official police service
of the City.
17. Charqes and Fees to be collected from Reqistered Owners
All rates and charges shall be conspicuously posted in the office and in all tow vehicles. These rates shall quote
complete charges and fees with no additional fees to be added at a later date. These rates will be available for
review by City personnel and/or the person for whom tow service is provided. All fees collected shall be itemized
and invoiced in DTS in accordance to section 22651.07 of the CVC. lt will be the Tow Operator's responsibility
to collect his bill for service, and the City will not be responsible in any way for these charges. Storage fees will
be calculated on the calendar day except the first 24-hours which is counted as a single day in accordance with
California Civil Code (CCC) 3068.1 (see Attachment B). Allfees listed on the DTS invoice will be received in the
form of major credit card, debit card, or cash. All fees collected, both City and Tow Operator fees, must be
invoiced through the DTS system prior to release and at the time of payment. No credit card fees will be
charged pursuant to CVC section 22651.1 and CCC section 1748.1 for any portion of the fees. The City
reserves the right to change all payment methods during the term of this agreement.
18. Lien Fees
At no time shall the City be charged a lien fee on a towed or impounded vehicle No lien shall be attached to
any vehicle that has been impounded by the City until after seventy-two (72) hours from the time of storage as
listed in the DTS system have passed pursuantto section 22851.12 of the CVC. All lien transactions must be
entered into the DTS system by Tow Operator Vehicles sold at lien sale shall abide by all laws relating to lien
sales. A vehicle held in impound by the City for thirty (30) days, shall not be sold at lien until such time as is
considered reasonable to allow the registered owner time to pay for and pick up the vehicle before it is sold at
lien, but under no circumstances before the thirty-fifth (35th) day after storage.
The Tow Operator shall abide by all applicable statutes and ordinances concerning disposal of unclaimed
vehicles, including but not necessarily limited to CVC sections 22670;22851;22851.1',22851.2',22851.3',
22851.4', 22851.6: 22851.8, 22851 10, 22851.12 and 22852.5.
As described in CVC section 22856, liability for despoliation of evidence shall not arise against the Tow
Operator that sells any vehicle at, or disposes of any vehicle after, a lien sale, as long as the Tow Operator can
show written proof that he was notified in writing by the City that the vehicle would not be needed as evidence in
a legal action. This proof may exist in the form of an official release in the DTS System or any other written
conveyance signed by a member of the City prior to the official, written release of the vehicle.
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19. Reasonableness and Validitv of Fees
Fees charged to the registered owner or any other person for response to calls originating from the City shall be
reasonable and not in excess of those rates charged for similar services provided in response to requests
initiated by any other public agency or private person. During the term of this agreement, the City shall conduct
an annual review each December of towing and storage fees of comparable cities and adjust rates set forth in
Attachment B by the first week of January of the following year.
20. Towinq Operation
All tows performed under this Agreement will be included in the flat rate charge as described in Attachment B.
No additional charges shall be charged without prior approval from the City and written notice is provided in the
DTS System. Any unapproved charges received outside the DTS System will result in immediate termination of
this Agreement and removalfrom the rotation list.
The Tow Operator shall base towing charges upon the class of vehicle being towed regardless of the class of
the truck used, except when vehicle recovery operations require a larger class truck. The Tow Operator may
refer to the tow truck classes and weight ratings as defined by the Towing & Recovery Association of America
(TRAA) vehicle identification guide.
21. Service Call Rotation and Fees
The City shall establish a separate rotation list for Tow Operators willing to respond to service requests (out of
gas, lockouts, tire changes, etc.) Rates for a service requests shall not exceed one-half the flat rate charge for a
light duty truck response
22. Gate Fees
No gate fees may be charged between 8.00 a.m through 5:00 p.m. Monday through Friday, excluding State
recognized holidays as listed below:
New Year's Day
Martin Luther King Day
Presídents'Day
Cesar Chavez Day
Memorial Day
lndependence Day
Labor Day
Veterans'Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
An after hours gate fee may be charged at all other times. The gate fee is not to exceed fifty percent (50%) of
the flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal
property recovery that occurs outside normal business hours (excluding lien fees, storage fees, taxes, or other
additional fees ) The Tow Operator is responsible for assuring that proper gate fees are charged in accordance
with this section. Over charging gate fees will be considered a major violation as outlined in Section 30
All towing and storage fees charged by the Tow Operator are the responsibility of the vehicle's owner and are
not the responsibility of the City. The exception would be evidentiary impounds made at the direction of City
personnel.
23. Cancelled Tow
The City shall not be liable to pay the Tow Operator or anyone else any charge or other fee for a call that does
not result in a chargeable service being rendered by Tow Operator ("Dry Run"). The cancelled Tow Operator
shall be placed back on the top of the rotation list and will receive the next tow in rotation.
24. Towed in Error
ln the event the City determines that an error has occurred in impounding a vehicle, it shall be immediately
released to the registered owner without charge and the Tow Operator will be placed back on the top of the
rotation list and will receive the next tow in rotation. ln addition, the Tow Operator wilf be given one extra tows
on the rotation list. Additional extra tows may be given at the discretion of the Tow Unit.
25. Release Fees
California law authorizes the recovery of funds required to enforce certain provisions of the CVC and promote
traffic safety on public roadways. This authorization falls under CVC section 22850.5 and further authorized by
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City resolutions. These resolutions are open to public view at the City andior City offices and are on file with the
City's Traffic Bureau. The Tow Operator will collect fees on the behalf of the City from the registered owner,
legal owner or agent of an impounded car.
A City administrative / franchise fee will be charged for the release of a vehicle that has been impounded by the
City. Fees will be established by an independent consulting firm to determine the City's costs associated with
impounding vehicles in accordance with CVC sections 22850.5 and 12110(b). All vehicles impounded will be
charged an administrative / franchise fee for the release of the vehicle. This fee will be established and attached
to each vehicle in the DTS System. The City's administrative fees will be collected at the time of the release by
the Tow Operator. The Tow Operator will pay the City's franchise fees equivalent to the City's administrative
fees for every vehicle that is not picked up by the owner or agent. The Tow Operator will pay the City's
administrative / franchise fees for every^City vehicle that was towed during the preceding month and will pay the
City no laterthan 12,90 p.m. on the 15"'of the following month, regardless of the disposition of the vehicle. ln
the event that the 15"' of the month falls on one of the State recognized holidays listed in Section 22 above, or a
weekend, the City's administrative/franchise fee must be paid by 12:00 p.m. on the following business day. Tow
Operators who failto submit the City's administrative / franchise fees to the City by the 15'n day of each month
will be immediately suspended from rotation until all fees are received, and will be subject to appropriate
disciplinary action and civil recourse. The City will keep a strict accounting of these fees through the DTS
System and frequent audits will take place to ensure accurate and timely payment of collected City
administrative / franchise fees. The fee will be listed as an item on the owner's / agent's DTS contractor invoice.
26. UnauthorizedRelease
Unauthorized release of an impounded vehicle, accidental or otherwise, having evidentiary value, not officially
released by the City, and determined to be the fault of the Tow Operator, will result ln the issuance of a major
violation as set forth in this Agreement. The determination of such fault will be the responsibility of the City.
27. Release of Multi-Dav lmpounds
A vehicle impounded with a multiple day hold may only be released prior to the impound period with written
authorization by the City in the DTS System. The DTS System will automatically schedule the release of an
impounded vehicle
28. Release of Vehicles
Vehicles may only be released through the DTS System. Once the DTS System authorizes the release of a
stored or impounded vehicle, it is the Tow Operator's responsibility for the vehicle's release. The Tow Operator
is hereby granted authority to release to the registered owner, legal owner, or authorized representative,
pursuant to section 22850.3 of the CVC. At the time of release, the Tow Operator shall have the registered
owner, legal owner, or authorized representative taking possession of the vehicle sign a release indicating that
they are properly licensed and insured to drive a motor vehicle.
29. DisciplinarvAction
The Chief of Pofice, or his/her designee, shall take disciplinary action against Tow Operators for violations
investigated and sustained. Unless otherwise noted, the Chief of Police, or his/her designee, will determine the
period of suspension and shall retain discretion regarding the length of any suspension imposed pursuant to the
terms and conditions of this Agreement. The City shall retain record of violations for at least the term of this
Agreement.
30. Maior violations
Major violations include any chargeable offense under Federal, State, Local Law and significant violations of this
Agreement. Such violations shall result in suspension or immediate termination of this Agreement. The Chief of
Police, or his/her designee, reserves the right to impose longer periods of suspensions or immediate
termination, if deemed appropriate in his/her sole discretion. The Chief of Police, or his/her designee, reserves
the right to remove a Tow Operator from the tow rotation during the investigation of a major violation. A
reinstatement from suspension for a major violation will result in a five hundred dollar ($500.00) fee. Suspension
will not be lifted until the reinstatement fee is received by the Chief of Police or his/her designee. ln addition, a
major violation may also result in the Tow Operator's employee being removed from participation in this
Agreement. Examples of major violations include, but are not limited to:
. Physical assault, against public and/or law enforcement. Verbalabuse against public and/or law enforcement. Resisting arrest. Tow Truck Driver under the influence of alcohol or illegal drugs
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. Charging rates that exceed those listed in Attachment B
. Vehicle released without authorization
. Unauthorized access to storage yard
. Theft
o Mishandling of vehicles stored as evidence. Unauthorized driver responding to call
. Failure to provide information or change of status on any Tow Operator employee or staff
o Substantiated private party impound complaints
. Any Felony/Misdemeanor arrest
. Refusalto take a rotationaltow. Failure to utilize the DTS System for all City towing related matters
. Repeated late or nonpayment of City franchise fees
. Failure to properly secure storage yard
. Failure to obey a lawful order by law enforcement
31. Minor violations
Minor violations will be given to the Tow Operator in the form of a documented warning for the first violation. The
second violation will be in the form of a documented reprimanded and a one hundred dollar ($100.00) fine.
Repeated minor violations during the term of the Agreement may be treated as a major violation, and the Tow
Operator will be suspended or terminated from this Agreement. A reinstatement from suspension will result in a
five hundred dollar ($500.00) fee. Suspension will not be lifted until the reinstatement fee is received by the
Chief of Police or his/her designee. Examples of minor violations include, but are not limited to:
. Late payment of City franchise fees
. Tow truck drivers not wearing City issued l.D. cards/ proper uniform
. Unauthorized arrival time in excess of thirty (30) minutes, or forty-five (45) minutes during peak hours. Repeated rejection of dispatched calls
. Other violations of this Agreement not considered a major violation by the Chief of Police or his/her
designee. Unauthorizedride-a-long. Failure to respond to customers' needs
. Failure to maintain proper equipment. Failure to clean up at a collision scene
. Vehicle code infractions
32. Hearinq/Appeal
Tow Operator must have a legal existing interest in the tow operation or entitlement subject to the City order,
citation, decision or determination to have standing to appeal a decision by the Chlef of Police or his/her
designee. An appeal that fails to identify the appellant's standing may be rejected as defective
ln the event FPD serves Tow Operator with disciplinary action amounting to anything less than a suspension
resulting from a minor violation, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow Unit
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension for thirty (30) days or
less resulting from a minor or major violation, the Tow Operator may request a hearing within fifteen (15)
calendar days by submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow
Unit. Upon receipt of a written request for an appeal, and at the discretion of the Chief of Police, or his/her
designee, the Tow Operator may be allowed to continue rotational tows until the final disposition of the appellate
hearing.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension in excess of thirty (30)
days, or termination of the TSA, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Administrative Hearing Officer by way of the City Manager's Office The
written appeal shall be in compliance with FMC sections 1-407 and 9-1712. Notwithstanding any provision
within Chapter 1, Article 4 of the FMC, any person who appeals a suspension in excess of thirty (30) days, or a
termination of the TSA shall not be entitled to placement on the Tow Rotation List or to participate in tows until
such time as any appeal hearing has been concluded and the Administrative Hearing Officer finds that no
grounds for a suspension in excess of thirty (30) days, or a termination of the TSA has been established. Tow
Operator's remedy shall be limited to reinstatement on the tow rotation list in such case and no other
compensation or consideration will be allowed.
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ATTACHMENT B
TOW FEES
Flat price per vehicle per call:
Light Duty ToWFlatbed $ 184 00/Each
Medium Duty Tow $ Average CHP Rates Apply
Heavy Duty Tow $ Average CHP Rates Apply
Water Recovery: $ Average CHP Rates Apply
Technoloqy Fee:
DTS Software Fee per Vehicle Towed $ Charge listed in DTS Contract and DTS System
Storaqe Rates:
Passenger cars $ 45.00/per day
Motorcycles $ 45.00/per day
Trucks or Traifers $ Average CHP Rates Apply
lnside Storaqe Rates:
Passenger cars $ 55.00/per day
Motorcycles $ 55.00/per day
Trucks or Trailers $ Average CHP Rates Apply
Gate Fee: No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding
State recognized holidays as listed in the Agreement.
An after hours gate fee may be charged at all other times. The gate fee shall not exceed fifty percent (50%) of the
flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal property
recovery that occur outside normal business hours (excluding lien fees, storage fees, taxes, or other additional
fees).
Non-tow service calls (out of gas, lockouts, and flat tires) shall not exceed one-half the flat rate charge for a light
duty truck response.
City of Fresno Administrative / Franchise Fees:
Vehicle Collision Blocking a Roadway $ 60.00
lllegally Parked / Abandoned Vehicle $116.00
Unlicensed Driver / Expired Registration $189.00
Arrested / Suspended Driver $266.00
DUI Driver $450 00
All fees listed on the DTS invoice will be received in the form of major credit card, debit card or cash. No
credit card fee will be charged pursuant to CVC section 22651.1 and CCC section 1748.1.
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CITY OF FRESNO
NON-EXCLUSIVE FRANCHISE TOW AGREEMENT
FOR FRESNO POLICE DEPARTMENT
This Non-exclusive Franchise Tow Agreement (TSA) is entered into effect on the 28th day of December 2014 set
forth below, at Fresno, California, between the City of Fresno, a municipal corporation (City) and EdNic Towing,
a California corporation (the Tow Operator).
This Agreement, including all attachments, contains rules and regulations that a tow company agrees to comply
with in order to participate in the tow operations of the City of Fresno Police Department (FPD). Participation in
the FPD Rotation Tow Program (Tow Program) is voluntary Compliance with all of the terms and conditions of
the Agreement is mandatory for tow companies participating in the Tow Program A Tow Operator, by agreeing
to participate in the Tow Program, is not acting as an agent for FPD or City when performing services under this
Agreement.
1. Governinq Law and Venue
This Agreement shall be governed by, and construed enforced in accordance with, the laws of the State of
California excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue
for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any
rights and duties hereunder shall be the County of Fresno, California.
2. Entire Aqreement
This Agreement, its attachments and exhibits, when accepted by the Tow Operator either in writing or
commencement of performance hereunder, contains the entire Agreement between the parties with respect to
the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth
herein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by
City in writing.
3. Amendments
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the
parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties;
and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in
writing.
4. Assiqnment or Sub Contractinq
The terms, covenants, and conditions contained herein shall apply to the parties. Furthermore, neither the
performance of this Agreement nor any portion thereof may be assigned or subcontracted by Tow Operator
without the express written consent of City. Any attempt by Tow Operator to assign or subcontract the
performance or any portion of this Agreement without the express written consent of City shall be invalid and
shall constitute a breach of this Agreement.
5. Patent/CopvriqhtMaterials/Proprietarv lnfrinqement
Unless otherwise expressly provided in this Agreement, Tow Operator shall be solely responsible for obtaining a
license or other authorization to use any patented or copyrighted materials in the performance of this
Agreement. Tow Operator warrants that any Software as modified through services provided hereunder will not
infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Tow Operator
agrees that, in accordance with the more specific requirement below, it shall indemnify, defend and hold City
and City lndemnitees harmless from any and all such claims and be responsible for payment of all costs,
damages, penalties and expenses related to or arising from such claim(s), including, but not limited to,
attorney's fees, costs and expenses.
6. Non-Discrimination
ln the performance of this Agreement, Tow Operator agrees that it will comply with the requirements of section
1735 of the California Labor Code and not engage nor permit any Tow Operators to engage in discrimination in
employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, marital status, or sex of such persons. Tow Operator acknowledges that a
violation of this provision shall subject Tow Operator to all the penalties imposed for a violation of anti-
discrimination law or regulation, including but not limited to, section 1720 el seq of the California Labor Code
1
7. Termination
ln addition to any other remedies or rights it may have by law, City has the right to terminate this Agreement
without penalty immediately with cause and either party may terminate after thirty (30) days written notice
without cause, unless otherwise specified. Cause shall be defined as any breach of this Agreement or any
misrepresentation or fraud on the part of the Tow Operator. Exercise by City of its right to terminate the
Agreement shall relieve City of all further obligation.
8. Consent to Breach Not Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or
consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any
party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver
of, or excuse for any other different or subsequent breach.
9. Remedies Not Exclusive
The remedies for breach set forth in this Agreement are cumulative as to one another and as to any other
provided by law, rather than exclusive; and the expression of certain remedies in this Agreement does not
preclude resort by either party to any other remedies provided by law.
10. lndependent Tow Operator
Tow Operator shall be considered an independent Tow Operator and neither Tow Operator, its employees nor
anyone working under Tow Operator shall be considered an agent or an employee of City. Neither Tow
Operator, its employees nor anyone working under Tow Operator, shall qualify for workers' compensation or
other fringe benefits of any kind through City.
11. Performance
Tow Operator shall perform all work under this Agreement, taking necessary steps and precautions to perform
the work to City's satisfaction. Tow Operator shall be responsible for the professional quality, technical
assurance, timely completion, and coordination of afl documentation and other goods/services furnished by Tow
Operator under this Agreement Tow Operator shall: perform all work diligently, carefully, and in a good and
workman-like manner; furnish all labor, supervision, machinery, equipment, materials, and supplies necessary
therefore; at its sole expense obtain and maintain all permits and licenses required by public authorities,
including those of City required in its governmental capacity, in connection with performance of the work; and, if
permitted to subcontract, be fully responsible for allwork performed by sub-Tow Operators.
12. lndemnification
A) Tow Operator shall indemnify, hold harmless and defend City and each of its officers, officials,
employees, agents and authorized volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to
personal injury, death at any time and property damage) incurred by City, Tow Operator, or any
other person, and from any and all claims, demands and actions in law or equity (including
attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of
performance of this Agreement. Tow Operator's obligations under the preceding sentence shall
apply regardless of whether City or any of its officers, officials, employees, agents or authorized
volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or
damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any
of its officers, officials, employees, agents or authorized volunteers.
B) lf Tow Operator should subcontract all or any portion of the work to be performed under this
Agreement, Tow Operator shall require each subcontractor to indemnify, hold harmless and defend
City and each of its officers, officials, employees, agents and authorized volunteers in accordance
with the terms of the preceding paragraph.
C) This section shall survive termination or expiration of this Agreement.
13. lnsurance
A) Throughout the life of this Agreement, Tow Operator shall pay for and maintain in full force and
effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted
by the California lnsurance Commissioner to do business in the State of California and rated not
less than "A-Vll' in Best's lnsurance Rating Guide, or (ii) authorized by City's Risk Manager. The
following policies of insurance are required:
2
5)
B)
1) COMMERCIAL GENERAL LIABILITY insurance which shall be on the most current version of
lnsurance Services Office (lSO) Commercial General Liability Coverage Form CG 00 01 and
include insurance for "bodily injury," "property damage" and "personal and advertising injury"with coverage for premises and operations, products and completed operatioñs, 'anO
contractual liability (including, without limitation, indemnity obligations under the Agreement)
with limits of liability of not less than 91,000,000 per occurrence for bodily injury anð property
damage, $1,000,000 per occurrence for personal and advertising injury and $2,000,00ó
aggregate for products and completed operations and $2,000,000 general aggregate.
2) GARAGEKEEPERS LEGAL LIABILITY insurance which shall include coverage for vehicles in
the care, custody, and control of the Tow Operator with limits of liability of noiless than
$120,000 per occurrence for property damage.
3) COMMERCIAL AUTOMOBILE LlABlLlry insurance which shall be on the most current
version of lnsurance Service Office (lSO) Business Auto Coverage Form CA 00 01, and
include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles
(Code 1- Any Auto) with limits of not less than $1,000,000 per accident for bodily injury andproperty damage.
4) ON-HOOI(CARGO insurance which shall include coverage for vehicles in tow with limits of
liability based on the size of the tow truck, which are as follows:
a) Class A/B tow truck.. ...... ...$120,000b) Class C tow truck... $200,000c) Class D tow truck... ... $300,000
WORKERS' COMPENSATION insurance as required under the California Labor Code and
EMPLOYERS' LIABILITY insurance with minimum limits of $1,000,000 each accident, $1,000,000
disease policy limit and $1,000,000 disease each employee.
Tow Operator shall be responsible for payment of any deductibles contained in any insurance
policies required hereunder and Tow Operator shall also be responsible for payment of any selÊ
insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificateof lnsurance and approved by the City's Risk Manager or his/her designee. At the option of the
City's Risk Manager, or his/her designee, either:
1) The insurer shall reduce or eliminate such deductibles or self-insured retention as
respects city, its officers, officials, employees, agents and volunteers; or
2) Tow Operation shall provide a financial guarantee, satisfactory to City's Risk Manager, orhis/her designee, guaranteeing payment of losses and related investigations, -
claim
administration and defense expenses At no time shall City be responsible for the payment of
any deductibles or self-insured retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30)
calendar days written notice in favorof City of policy cancellation, change or reduction of covérâge,
except for the Workers'Compensation policy which shall provide ten ('10) calendar days writtãn
notice of such cancellation, change or reduction of coverage. ln the event any policies are due toexpire during the term of this Agreement, Tow Operator shall provide a new'certificate and all
applicable endorsements evidencing renewal of such policy prior to the expiration date of the
expiring policy(ies) to the Chief of Police, or his/her designee, and the City's Risk Division. Upon
issuance by the insurer, broker, or agent of a notice of cancellation, change or reduction in
coverage, Tow Operator shall file with the Chief of Police, or his/her desígnee, ãnd the City's Risk
Division, a new certificate and all applicable endorsements for such policy(ies).
The General Liability, Automobile Liability and Garagekeepers Legal Liability insurance policies
shall be written oßan occurrence form and shall name City, its officers, officials, agents, employees
and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so-Tow
Operator's insurance shall be primary with respect to the City, its officers, officials, employees,
agents and authorized volunteers with no contribution required of City. Any Workers'Compensation
insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents,
c)
D)
3
employees and authorized volunteers. Tow Operator shall have furnished City with the certificate(s)
and applicable endorsements for ALL required insurance prior to City's execution of the Agreement
E) The fact that insurance is obtained by Tow Operator shall not be deemed to release or diminish the
liability of Tow Operator, including, without limitation, liability under the indemnity provisions of this
Agreement. City shall apply to all claims and liability regardless of whether any insurance policies
are applicable The policy limits do not act as a limitation upon the amount of indemnification to be
provided by Tow Operator. Approval or purchase of any insurance contracts or policies shall in no
way relieve from liability nor limit the liability of Tow Operator, its principals, officers, agents,
employees, persons under the supervision of Tow Operator, vendors, suppliers, inv-itees,
consultants, sub-consultants, subcontractors, or anyone employed directly or indirecily by any of
them.
F) Upon request of City, Tow Operator shall immediately furnish City with a complete copy of any
insurance policy required under this Agreement, including all endorsements, with said copy certified
bytheunderuvritertobeatrueandcorrectcopyoftheoriginal policy. Thisrequirementshallsurvive
expiration or termination of this Agreement.
G) lf at any time during the life of the Agreement or any extension, Tow Operator fails to maintain the
required insurance in full force and effect, all work under this Agreement shall be discontinued
immediately until notice is received by City that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory to City
Any failure to maintain the required insurance shall be sufficient cause for City to terminate this
Agreement.
H) lf Tow Operator should subcontract all or any portion of the work to be performed, Tow Operator
shall require each subcontractor to provide insurance protection in favor of the City, its officer,
officials, employees, agents and authorized volunteers in accordance with the terms oÍ each of the
preceding paragraphs, except that the subcontractors certificates and endorsements shall be on file
with the Tow Operator and City prior to the commencement of any work by the subcontractor.
14. Bills and Liens
Tow Operator shall pay promptly all indebtedness for labor, materials, and equipment used in performance of
the work. Tow Operator shall not permit any lien or charge to attach to the work or the premises, but if any does
so attach, Tow Operator shall promptly procure its release and indemnify, defend, and hold City harmleés and
be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related
thereto.
15. Ghanqe of Gontrol
Tow Operator agrees that if there is a change or transfer in ownership or control of the Tow Operator's businessprior to completion of this Agreement, unless such change or transfer is to "immediate family" as defined in
Fresno Municipal Code (FMC) section 3-101(e) and approved in writing by the Chief of police, or his/her
designee, such change or transfer shall terminate this Agreement. This includes but is not limited to changes in:
Corporate Board Members, Managers, Directors, Treasurer, Trustees, or ownership interests. All changes or
transfers to "immediate family" must be approved by the Chief of Police, or his/her designee, prior to such
change or transfer in order for the Tow Operator to remain on the tow services list. Final written approval or
disapproval for the change or transfer in ownership or controf will be given by the Chief of police or his/her
designee. All "immediate family" members involved in the potential transfer and operation of the Tow Operator
shall be required to undergo a background check, review, and "Livescan" fingerprint screening. The "immediate
family" members involved in the change or transfer of ownership or control must also possesð and keep current
all licensing certificates and insurance as required in this Agreement. The "immediate family" members who will
operate or otherwise be legally responsible for the Tow Operator will be required to execute a new TSA.
A) Tow Operator owners shall be directly involved in the day{o-day operations of their
business and shall not be directly involved in the towing-related business of any other tow
company on, or applicant for, the Tow Rotation List. Co-mingling of operations, business,
offices, board members, and finances is strictly prohibited.
B) lf terminated or suspended, Tow Operator and/or its owner at the time of the suspension or
termination, shall not be eligible for a rotation listing for the duration of the suspension ortermination This section applies to the Tow Operator working in any capacity within any tow
4
business or operating any tow business and to the tow business even if operated under new
ownership.
C) Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow
Rotation List, excluding equipment which may be unavailable due to repairs or when there is a need
for equipment replacement and written approval is obtained from the Chief of Police or his/her
designee.
16. Force Maieure
Tow Operator shall not be in breach of this Agreement caused by any act of God, war, civil disorder,
employment strike or other cause beyond its reasonable control, provided Tow Operator gives written notice of
the cause of the delay to City within thirty-six (36) hours of the start of the delay and Tow Operator avails itself of
any available remedies.
17. Confidentialitv
Tow Operator agrees to maintain the confidentiality of all City and City-related records and information pursuant
to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term
of this Agreement. All such records and information shall be considered confidential and kept confidential by
Tow Operator and Tow Operator's staff, agents and employees.
18. Compliance with Laws
Tow Operator represents and warrants that services to be provided under this Agreement shall fully comply, atTow Operator's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and
regulations, including, but not limited to those issued by City in its governmental capacity and all other laws
applicable to the services at the time services are provided to and accepted by City Tow Operator
acknowledges that City is relying on Tow Operator to ensure such compliance (collectively Laws). Tow Operator
agrees that it shall defend, indemnify and hold City and City lndemnitees harmless from all liability, damages,
costs, and expenses arising from or related to a violation of Laws.
19. Pricinq
The Agreement price shall include full compensation for providing all required services in accordance with the
Scope of Work attached to this Agreement, and no additional compensation will be allowed therefore, unless
othenvíse provided for in this Agreement Tow Operator shall pay the City Franchise Fees as listed in
Attachment "8", or "City Administrative / Franchise Fees", in accordance with Paragraph 25 of Attachment "A"
20. Terms and Conditions
Tow Operator acknowledges that the undersigned has read and agrees to all terms and conditions included in
this Agreement.
21. Severabilitv
lf any term, covenant, condition, or provísion of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired or invalidated thereby.
22. Calendar Davs
Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless
otherwise expressly provided.
23. Attornev Fees
lf either party is required to commence any proceeding or legalaction to enforce any term, covenant or condition
of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other
party its reasonable Attorney's fees and legal expenses.
24. lnterpretation
This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in
the matters dealt with in this Agreement. ln addition, each party has been represented by experienced and
knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel
despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have
not been influenced to any extent whatsoever in executing thís Agreement by any other party hereto or by any
person representing them, or both. Accordingly, any rule or law (including California Civil Code section 1654) or
legal decisíon that would require interpretation of any ambiguities in this Agreement against the party that has
5
drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable
manner to affect the purpose of the parties and this Agreement.
25. Authoritv
The parties to this Agreement represent and warrant that this Agreement has been duly authorized and
executed and constitute the legally binding obligation of their respective organization or entity, enforceable in
accordance with its terms.
26. Emplovee EliqibilitvVerification
Tow Operator warrants that it fully complies with all Federal and State statutes and regulations regarding the
employment of aliens and others and that all its employees performing work under this Agreement meet the
citizenship or alien status requirement set forth in Federal statutes and regulations. Tow Operator shall obtain,
from all employees performing work hereunder, all verification and other documentation of employment eligibility
status required by Federal or State statutes and regulations including, but not limited to, the lmmigration Reform
and Control Act of 1986, I U.S.C. 51324 et seq., as they currently exist and as they may be hereafter amended.
Tow Operator shall retain all such documentation for all covered employees for the period prescribed by the law.
Tow Operator shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its
agents, officers, and employees from employer sanctions and any other liability which may be assessed against
Tow Operator or City or both in connection with any alleged violation of any Federal or State statutes or
regulations pertaining to the eligibility for employment of any persons performing work under this Agreement
27. Additional Terms and Conditions
A) Term of Agreement: This Agreement shall commence on December 28, 2014, and shall be
effective for three (3) years from that date, unless otherwise terminated by City.
B) Fiscal Appropriations: This Agreement is subject to and contingent upon applicable budgetary
appropriations being made by the City for each year during the term of this Agreement. lf such
appropriations are not forthcoming, the Agreement will be terminated without penalty. Tow
Operator acknowledges that funding or portions of funding for this Agreement may also be
contingent upon the receipt of funds from, and/or appropriation of funds by City. lf such funding
and/or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate
or modify this Agreement without penalty.
C) Conflict of lnterest (Tow Operator): Tow Operator shall exercise reasonable care and diligence to
prevent any actions or conditions that result in a conflict with the best interest of City. This
obligation shall apply to Tow Operator, Tow Operator's employees, agents, relatives, and third
parties associated with accomplishing the work hereunder. Tow Operator's efforts shall include, but
not be limited to, establishing precautions to prevent its employees or agents from making,
receiving, providing, or offering gifts, entertainment, payments, loans, or other considerations which
could be deemed to appear to influence individuals to act contrary to the best interest of City.
D) Tow Operator Work Hours and Safety Standards. Tow Operator shall ensure compliance with all
safety and hourly requirements for employees, in accordance with federal, state, and City safety
and health regulations and laws.
E) Orderly Termination: Upon termination or other expiration of this Agreement, each party shall
promptly return to the other party all papers, materials, and other properties of the other held by
each for purposes of execution of the Agreement. ln addition, each party will assist the other Party
in orderly termination of this Agreement and the transfer of all aspects, tangible and intangible, as
may be necessary for the orderly, non-disruptive business continuation of each party.
F) Reprocurement Gosts: ln the case of default by Tow Operator, City may procure the service from
other sources and, if the cost is higher, Tow Operator will be held responsible to pay City the
difference between the Agreement cost and the price paid. City may make reasonable efforts to
obtain the prevailing market price at the time such services are rendered. This is in addition to any
other remedies available under law.
G) Authorization Warranty: Tow Operator represents and warrants that the person executing this
Agreement on behalf of and for Tow Operator is an authorized agent who has actual authority to
bind Tow Operator to each and every term, condition, and obligation of this Agreement and that all
requirements of Tow Operator have been fulfilled to provide such actual authority.
6
28.
H) Notices: Any and all notices permitted or required to be given hereunder shall be deemed duly
given (1)upon actualdelivery, if delivery is by hand; or(2)upon delivery bythe United States mail if
delivery is by postage paid registered or certified return receipt requested mail; or (3) through
electronic means such as, email or the Dispatch & Tracking Solutions Software System (DTS).
l) Data - Title to: All materials, documents, data or information obtained from City data files or any
City medium furnished to Tow Operator in the performance of this Agreement will at all times remain
the property of City. Such data or information may not be used or copied for direct or indirect use
by Tow Operator after completion or termination of this Agreement without the express written
consent of City. All materials, documents, data or information, including copies, must be returned to
City at the end of this Agreement.
J) Usage: No guarantee is given by City to Tow Operator regarding usage of this Agreement. Usage
figures, if provided, are approximate, based upon the last usage. Tow Operator agrees to supply
services and/or commodities requested, as needed by City, at prices listed in the Agreement,
regardless of quantity requested.
K) Tow Operator's Records: Tow Operator shall keep true and accurate accounts, records, books
and data which shall correctly reflect the business transacted by Tow Operator in accordance with
generally accepted accounting principles. These records shall be stored at the Tow Operators
principal place of business for a period of three (3) years after final payment is received by City.
L) Audits/lnspections: Tow Operator agrees to permit City's authorized representative (including
auditors from a private auditing firm hired by City) access during normal working hours to all books,
accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose
of auditing or inspecting any aspect of performance under this Agreement The inspection and/or
audit will be confined to those matters connected with the performance of the Agreement including,
but not limited to, the costs of administering the Agreement. City reserves the right to audit and
verify Tow Operator's records before or after final payment is made.
Tow Operator agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of records retention is stipulated under this Agreement or
by law. Tow Operator agrees to allow interviews of any employees or others who might reasonably
have information related to such records. Further, Tow Operator agrees to include a similar right to
City to audit records and interview staff of any sub-Tow Operator related to performance of this
Agreement.
M) Should Tow Operator cease to exist as a legal entity, Tow Operator's records pertaining to this
Agreement shall be forwarded to the Chief of Police or his/her designee.
Disputes-Aqreement
A) The Parties shall deal in good faith and attempt to resolve potential disputes informally
1) Tow Operator shall submit to the Chief of Police, or his/her designee, a written demand for a
final decision regarding the disposition of any dispute between the parties arising under,
related to, or involving this Agreement, unless City, on its own initiative, has already rendered
such a fìnal decision.
2) Tow Operator's written demand shall be fully supported by factual information, and, if such
demand involves a cost adjustment to the Agreement, Tow Operator shall include with the
demand a written statement signed by a senior official indicating that the demand is made in
good faith, that the supporting data are accurate and complete, and that the amount
requested accurately reflects the Agreement adjustment for which Tow Operator believes City
is liable.
B) Pending the final resolution of any dispute arising under, related to, or involving this Agreement,
Tow Operator agrees to diligently proceed with the performance of this Agreement. Tow Operator's
failure to diligently proceed shall be considered a material breach of this Agreement
C) Any final decision of City shall be expressly identified as such, shall be in writing, and shall be
signed by the City Hearing Administrative Officer, or Chief of Police, or his/her designee, as
applicable. lf City fails to render a decision within ninety (90) days after receipt of Tow Operator's
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demand, it shall be deemed a final decision adverse to Tow Operator's contentions. City's final
decision shall be conclusive and binding regarding the dispute unless Tow Operator commences
action in a court of competent jurisdiction.
29. Breach of Agreement
The failure of the Tow Operator to comply with any of the provisions, covenants or conditions of this Agreement
shall be a material breach of this Agreement. ln such event the City may, and in addition to any other remedies
available at law, in equity, or otherwise specified in this Agreement, undertake any of the individual actions or
any combination of the following actions:
1) Afford the Tow Operator written notice of the breach and ten calendar days or such
shorter tíme that may be specified in this Agreement within which to cure the
breach;
2) Suspend and/or remove Tow Operator from the rotation;
3) Terminate the Agreement immediately, without any penalty.
The Parties hereto have executed this Agreement.
Title:
*lf a corporation or limited liability company, the document must be signed by two corporate officers. The first signature
must be either the Chairman of the Board, President, or any Vice President. The second signature must be the
secretary, an assistant secretary, the Chief Financial Officer, or any assistant treasurers. ln the alternative, a single
signature is acceptable when accompanied by a corporate document demonstrating the legal authority of the
signature to bind the company.
CITY OF FRESNO.
A municipal
By:
APPROVED AS TO FORM
DOUGLAS Ï. SLOAN
City
Date:
rúr\dÒll H'Col(ef
ATTEST:
WONNE SPENCE, CMC
City Clerk
Date: tzfzzlt+
By
8
sTâ:3Ë"15f^
1. Scope of Work
Tow Operator shall perform the towing, and storage of vehicles as directed by the City, and in addition, such
other services as provided in this Scope of Work, and shall provide necessary storage facility, tow vehicles,
labor, materials, equipment, machinery, and tools. The Tow Operator shall comply with all State laws and
regulations, applicable to tow units and impound, towing, storage, selling or junking of vehicles. Tow operators
must follow all guidelines set forth by equipment manufactures recommendations as to their use and care of all
towing related equipment. All permits and licensing fees as specified under California Vehicle Code (CVC)
sections 34620 through 34624 shall be in full force and effect at all times during this Agreement. Any violaiion of
this section will be considered a material breach of the Agreement and may result in immediate termination of
this Agreement.
2. Towinq Services and Duties
It shall be the duty of the Tow Operator, when so directed by the City, to provide prompt tow service for vehicles
which are taken into custody by the City. This includes vehicles involved in collisions or disabled by any other
cause, abandoned in public places or on private property. Vehicles impounded for evidence, impeding tñe flowof traffic, or which for any other reason, are within the jurisdiction of the FPD. As required by ìaw, Tow
Operators are to remove from the street all debris resulting from said collisions and to clean the immediate area
of such street (CVC section 27700(a)(1)). lt shall also be the duty to provide for the safety and security of those
vehicles and the contents thereof. These duties are inherent to the job and are to be included in the piice of the
basic tow bill.
The tow truck operator shall provide a business card to the registered owner or driver for the vehicle being
towed. The business card shall contain the name, address and phone number of the tow company as well as
the link to the vehicle search system in DTS as follows: www.findmytow.com
Tow truck operators and/or drivers will not be permitted to drive an impounded or recovered stolen vehicle or
vehicle intended for storage from a FPD rotation call or special operation. Any exceptions must be at the
direction of the FPD officer in charge of the scene and should be limited to repositioning the vehicle to allow for
towing.
The City has designated two (2) tow companies for evidence impound tows and no other rotation tow company
shall maintain custody over these vehicles at any time. lf an officer impounds a vehicle for evidence and a non-
preference rotational tow is dispatched, it is the responsibility of the tow driver to verify with the officer on scene
as to whether a vehicle is to be held for evidence. lf it is determined that the vehicle is to be held for evidence,
the tow driver must immediately notify the officer on scene that the company is not authorized to handle
evidence impounds and an evidence tow company shall be dispatched. Tow Operator shall then contact theTow Unit on the same business day, or within the next business day if such tow occurs after regular business
hours. Acceptance of an evidence tow by a non-designated evidence tow company will result in disciplinary
action and full financial responsibility for all tow and storage fees for each violation.
lf terminated or suspended, Tow Operator and/or owner at the time of the suspension or termination, shall not
be eligible for a rotation listing for the duration of the suspension or termination. This provision applies to the
Tow Operator working in any capacity within any tow business or operating any tow business and to the tow
business even if operated under new ownership
Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow Rotation List,
excluding equipment which may be unavailable due to repairs or when there is a need for equipment
replacement and written notice has been obtained from FPD.
3. Special Operations
FPD conducts special operations coordinated through the Traffic Bureau throughout the year that requires tow
companies at the location of the special operation. Tow companies on the Tow Rotation List that are in good
standing with FPD may be invited to participate in these operations, provided they are willing to remain witñ tne
special operation until its conclusion and forfeit any rotational tow calls (FPD, California Highway patrol, or
other) received during the duration of the operation. "Good standing" shall mean that Tow Operator has not
violated, or is not in violation of the terms of this Agreement, the provisions of the FMC, State, or Federal law.
All special operations tows will be subject to the provisions of this Agreement. Tow Operator shall respond to a
I
special operat¡on with a flatbed tow truck with the capability of towing (2) vehicles. No ride alongs will be allowed
on any special operations unless the ride along is the Tow Owner or a Tow Driver who is in training and has
been approved by FPD.
4. Siqnaqe and hours of Operation
The storage yard or business office shall have a sign that clearly identifies it to the public as a towing service.
The sign shall have letters that are clearly visible to the public from the street and must be visible at night All
storage facilities must be accessible to City personnel twenty-four (24) hours per day and seven (7) dãys per
week. The Tow Operator will provide customer service twenty-four (24) hours per day and seven (7) days per
week for the release of vehicles.
Tow Operator shall provide at least one person at a call station to respond and release vehicles within thirty (30)
minutes. Tow Operator shall maintain all signage required pursuant to CVC sections 22850.3 and 22651.07
and include an after-hours contact phone number for Tow Operator.
5. Response Time
Tow Operator shall respond to calls twenty-four (24) hours aday, seven (7) days a week, within the maximum
response time limits as established by the Chief of Police or his/her designee A reasonable response time is
thirty (30) minutes or less, except during peak hours of 7:00 a.m. to 9:00 a m. and 4:00 p m. to 6:00 p.m.,
(Monday through Friday), when the required response time will be extended to forty-five (45) minutes or less.
Tow Operator shall respond with a tow truck of the class required to tow the vehicle specified by the DTS
System
6. Non-Response
The Tow Operator shall update the DTS System at the time of dispatch to a tow rotation request lf the Tow
Operator is either unable to respond or unable to meet the maximum response time, the tow operator shall
immediately update the DTS System accordingly. lf, after accepting the call, the Tow Operator is unable to
respond or will be delayed in responding, the Tow Operator shall immediately update the DTS system
accordingly
To decline or refuse to respond will be considered a non-response. Each non-response will be immediately
documented in the DTS System. Each non-response will be logged by the DTS System and reviewed by the
City. lf the fault for the non-response is attributed to other than the Tow Operator, the Tow Operator will be
placed back in the rotational list and called at the next opportunity in line.
One such breach, determined to be the fault of the Tow Operator, will be grounds for written reprimand which
may be subsequent to a meeting between the Tow Operator and the City. A second breach may be grounds for
a (30) thirty-day suspension of this Agreement. A third violation will be considered a material breach of the
Agreement and may result in immediate termination of this Agreement.
ln the case of suspension or termination, all vehicles then in storage at the time of the suspension or termination
remain protected under this Agreement as City's impounds and the Tow Operator is so bound. The City will
have the option to remove and/or transfer stored vehicles.
When a Tow Operator will be temporarily unavailable to provide services due to preplanned/scheduled activity,
such as a vacation, maintenance, medical leave, etc., the Tow Operator will notify City in writing via the DTS
system at least forty-eight (48) hours in advance. City reserves the right to deny these requests to maintain
adequate service levels for tow operations. Failure to notify the City will be considered a non-response and a
material breach of this agreement.
7. StoraqeResponsibilities
It shall be the duty of the Tow Operator to provide impound and other storage service for all vehicles as directed
by the City. The Tow Operator shall be responsible for all vehicles, accessories and equipment thereon and all
personal property therein stored by Tow Operator. lt shall be the Tow Operators' duty to protect such stored
vehicles, accessories, equipment, and property against all loss or damage by fire, theft or other causes. The
Tow Operator will have available for review by City personnel, all permits and proof of compliance to all local
zoning, special use, conditional use and special requirements, laws and regulation. lt is the responsibility of the
Tow Operator to ensure vehicles are stored in a secured facility.
8. Size and Location of Storaqe Facilitv
The tow yard shall be located within the City of Fresno's "Metropolitan Area." Metropolitan area is defined as
within the borders of Copper Avenue to the north, American Avenue to the south, DeWolf Avenue to the east,
- 10 -
and Chateau Fresno to the west. Tow Operator shall be responsible for the security of vehicles and property at
the place of storage. At a minimum, a six (6) foot fence or enclosed secured area is required for outiide
storage A minimum of 5,000 square feet, or room for twenty (20) vehicles, shall be provided. All tow yards
located with the City of Fresno shall be in compliance with the FMC, current Directors Class #208 and shall
follow the current Development and Resource Management Department's Policy and Procedure C-002. lf the
tow facility is located outside the City of Fresno, the tow operator is required to provide written proof that the
yard is in compliance with the authorizing jurisdiction. Tow Operator is responsible for the reasonable care,
custody, and control of any property contained in towed or stored vehicles. The storage facility and business
offlce will be located at the primary storage yard and shall be maintained in a functional, clean and orderly
fashion The facility shall have a telephone, on-site fax machine and the necessary computer equipment to
properly run DTS software and to send and receive email.
ln the event of criminal activity at a storage facility, the City may require the Tow Operator to take measures to
assist in preventing such crimes. These measures could include, but are not limited to: the yard being
illuminated during darkness, with security type lighting, to such a degree that visual observation oi the entire
yard may be accomplished at all times, improved fencing and/or security patrols.
All vehicles stored or impounded as a result of a tow ordered by the City shall be towed direcily to a towing
service storage lot unless the City, or in the case of a citizen's assist, a person legally in charge of the vehicle,
requests that it be taken to some other location.
All vehicles towed as a result of action taken by the City will be stored at the Tow Operator's principal place of
business unless directed otherwise by the City's Tow Coordinator. Vehicles stored at an auxiliary storage facility
will be considered a breach of this Agreement. The Tow Operator shall not remove personal property from a
stored vehicle. lf the registered owner removes personal property from a stored vehicle, the Tow Opeiator will
maintain documentation of such and will require a signed receipt from the registered owner for property
released. The Tow Operator shall immediately notify the City if any contraband, weapons or hazardous
materials are found in the vehicle(s).
L Enclosed Facilitv
The Tow Operator may maintain, without charge to the City or any other person, separate and enclosed garage
facilities no less than 1,000 square feet of clean working space. The facility must be constructed to include a
roof and at least four walls of substantial design to withstand the elements and protect the vehicles from the
weather. The facility should have a concrete floor and sufficient lighting This ínside facility must be located at
the Tow Operator's primary storage yard. This inside facility is not required to qualify for the City's rotation,
however, when inside storage is requested for a particular vehicle, the next Tow Operator in line meeting the
needs of the City's request will be used.
10. DTS Requirements
Tow Operator shall utilize the most recent, updated and upgraded DTS software program, to dispatch and track,
via a web-based lnternet connection. Tow Operators will be required to enter the towed vehicle information as
instructed by the City. At no time will a vehicle be released, subject to lien, or junked from impound without all
required data fields being entered into the DTS system by the Tow Operator. The Tow Operator shall clearly
identify and enter into DTS the name of the person to whom the vehicle was actually released. All City tow
requests shall be made utilizing this program. Failure at any time to have the DTS progiam in full operation shall
cause the immediate removal of the Tow Operator from the tow rotation and be grounds for immediate
termination by City. Tow Operator must enter into a separate agreement, or license for the DTS software
program with the owner of that proprietary software The City shall not provide the DTS software program, any
licensing or sub-licensing thereof or any intermediary services for the procurement by Tow Operator of tfie OtS
software program. This Agreement shall not be executed by the City until Tow Operator has demonstrated to
the City's satisfaction compliance with the requirements set forth herein. Tow Operator shall be liable for all
fees, charges, prices, rates and service charges required from DTS. DTS shall be utilized in "real time" and all
entries should reflect as such. lnvoices shall be used from DTS when releasing vehicles and be pursuant to
section 22651.07 of the CVC. The only Tow Operator personnel authorized to utilize and access DTS are those
that have fully complied with the provisions set forth in Section 12, "Tow Operator Personnel" of this Agreement.
lf the Tow Operator is not in FULL compliance with the above stated requirement, the Tow Operator will be
removed from the City towing rotation. ln the event that DTS fails to provide software services, or the City elects
to utilize a new software provider, the Tow Operator will be required to use the replacement towing software
system. lf that occurs, all references to DTS in this Agreement shall instead be interpreted as references to the
new software program
11
11. Official Notification bv Citv Reqardinq Tow
Official notification by City regarding tow services is considered any form of written, email, verbal instructions or
notifications received from an authorized City employee or electronic notice from the DTS program. lf the Tow
Operator receives verbal instructions or notifications from a City employee the Tow Operator must respond to
City, by 5:00 p.m. (PST) on the next business day.
12. Tow Operator Personnel
A.) Conduct
The Tow Operator shall perform the services required of it in an ethical, orderly manner, endeavoring to
obtain and keep the confidence of the public At no time will the Tow Operator or its agent or any
employee of the Tow Operator exhibit any of the following behavior: rudeness, or otherwise being
uncooperative, argumentative, threatening, incompetent or acting in a dangerous manner with any City
employee, or with any member of the public. The City reserves the right to cancel an individual tow
assignment, if in the opinion of the City, the Tow Operator is acting in a rude, uncooperative,
argumentative, threatening, incompetent or dangerous manner. The City also reserves the right to cancel
an individual tow assígnment if in the opinion of the City the Tow Operator is likely to damage the vehicle
for which the tow service was called. Other examples of unacceptable behavior include but are not limitedto: profanity, abusive language, disconnecting telephone calls for public inquiries regarding a tow,
threatening, aggressive, or assertive language, failure to provide timely information or documents in
response to a public or City inquiry, lack of respect to any City personnel or member of the public,
destruction or damaging of evidence, failure to comply with the reasonable request of a member of the
public, failure to release vehícle in a timely manner, failure to make appointment for release of vehicle
during evening or weekend hours, failure to promptly be on site at time of appointment for release of
vehicle during evening or weekend hours, impeding an investigation or any other conduct which the City
deems unprofessional
lf the Tow Operator is found to be in violation of this conduct clause, the City will cancel the Tow Operator
and request the next Tow Operator in rotation. Any such behavior as set forth above shall be considereda material breach of this Agreement and may be grounds for immediate suspension or immediate
termination by the City, without penalty.
B.) PersonnelAppearance
Tow Operators shall be required to furnish their employees with a distinctive company uniform. Each
uniform shall have the firm's name, as well as the employee's name, in a conspicuous place. The tow
company's name and driver's first name shall be clearly visible at all times, meaning that protective or
inclement weather outer garments must meet this standard. Each employee shall have sufficient uniforms
so as to maintain a neat, clean appearance at all times. Minimum requirements for uniforms include a
shirt, long pants, and appropriate safety shoes. All drivers shall be in uniform before any towing or service
operation begins. No wording, designs, photos, gestures, or anything that could be considered offensive
or obscene to the general public shall be displayed by the Tow Operators or on any part of the uniform.
Dress standards are required in order to project a professional and positive image to the public.
All employees must be neat, clean and well groomed in appearance. ln order to ensure a professional
appearance, all tattoos must be concealed by operators while working. Personnel will be required to
conceal any tattoos with gloves, collars, long sleeves, or by other means acceptable to the City. Facial
tattoos of any variety are not permitted. No facial piercings shall be worn while on duty.
Drivers shall wear safety vests or reflectorized clothing that conforms to Occupational Safety and Health
Administration (OSHA) requirements Alternatively, the OSHA safety requirements may be incorporated
into the uniform, jacket, or rain gear, as long as these items are worn as the outermost garment.
C.) UnlawfulActivity
The Tow Operator or it's employees shall not be involved, nor shall the Tow Operator or its employees
become involved in any agreement or activity whether verbal, written or conveyed in any other manner,
any activity or business venture which may be construed as unlawful. lf the City deems the involvement
to be unlawful, the City may immediately terminate this Agreement.
The Tow Operator shall not provide any direct or indirect commission, gift or any compensation to any
person or public or private entity, in consideration of arranging or requesting the services of a tow truck as
provided in section 12110 of the CVC.
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No Tow Operator will be involved or solicit any compensation of any kind including but not limited to
involvement with any other company or business that might result in income or consideration as a result of
any activity initiated by the City.
An example of such a prohibited involvement could include but is not limited to: financial reimbursement
by auto-body repair business for referrals, or towing directly from the scene of a collision to the auto-body
shop without prior unsolicited approval or request by the registered owner, driver or insurance company
representative of the damaged vehicle; kickback to or from a security company or homeowner's
association for "finding" or towing a vehicle from a location, whether private property, public, off street
parking facility or a public roadway. Violation of this provision shall be grounds for immediate termination
by City, without penalty.
D.) Personnel Licenses
Tow Operators providing services under this Agreement, including tow truck drivers, dispatchers and other
office personnel, will have sufficient knowledge, experience and capability to ensure safe and proper
discharge of their service responsibilities. lt will be the responsibility of the Tow Operator to ensure that all
of its personnel will be properly licensed in accordance with sections 12500, 12520, and 12804.9 of the
CVC. All tow truck drivers and tow truck operators shall be enrolled in the "Pull Notice" program as defined
in CVC sectionl808 1 et seq.. Drivers must complete a CHP approved Tow Operator Course every five(5) years and copies of completion of the course shall be sent to the City. All Tow Operators and
personnel shall have no criminal record which would preclude them from being placed in a position of trust
while in the service of a law enforcement agency or any crime listed below under the heading of "Criminal
Record."
E.) Fingerprints
All owners and employees who have not previously submitted their "LiveScan" fingerprint samples shall
submit their "LiveScan" fingerprint samples, at their own expense, through the City prior to being awarded
this Agreement, for the purposes of verifying their criminal history with the Department of Justice.
Failure to provide information regarding the identity of the owner, employee, or anyone else with a
financial interest in the Tow Operator will result in termination of this Agreement. The Tow Operator will
provide the City with information regarding any change in employee status immediately and update DTS
to reflect such changes. Failure to comply may result in further disciplinary action, and will be considered
a breach of this Agreement.
After execution of this Agreement, no person shall be employed by the Tow Operator or perform any
service under this Agreement until the background record check and "LiveScan" is completed anð
approved by the City and said employee has received their identification badge from the City.
Notwithstanding the foregoing, Tow Operators and owners that have towed for the City under the previous
Tow Service Agreement and have completed a new background and "LiveScan" check will be aliowed to
continue to tow for the City until such time as the results of the background and "LiveScan" submissions
are reviewed and approved by the City.
Any employee of the Tow Operator that has left employment with said Tow Operator and returned and
been rehired must complete an additional background check before performing services pursuant to this
Agreement
F.) Criminal Record
A conviction of anyone with a financial interest in the Tow Operator, or any employee of the Tow Operator,
including but not limited to any of the following offenses, may be cause for denial of application or
termination of this Agreement:
. Any crimes listed in California Penal Code section 290. DUI-Within 5 years of the Date of Fingerprintingo Vehicle theft. Fraud. Stolen property
. Crimes of Violence. Any felony crime relating to narcotics or any controlled substance. Any other crimes enumerated in CVC section 2432.3
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. Actively on parole or on any form of probation. Crime of moral turpitude. Sex, Arson, Narcotics Registrant. Other felony conviction
The City is not required to provide any reason, rationale or factual information in the event it elects to deny
application or remove any of Tow Operator's personnel from providing services for the City under this
Agreement. Tow driver or employee applicants denied under this section may appeal to ihe Chief of
Police or hls/her designee. All decisions by the Chief of Police, or his/her designee are final
ln the event the Tow Operator or employee is convicted or is under investigation, the Tow Operator maybe given the opportunity to replace that employee without prejudice to the Agreement. Nothing shail
prohibit the City from removing, suspending or terminating the Agreement, lt will be the responsiOitity otthe Tow Operator to provide the City with updated information regarding any illegal activity, arrest(s) or
conviction of any Tow Operator and/or employee. For the purpose of this section, any conúiction oi plea
of guilty or nolo contendre, even to any lesser-included offense, are considered convictions Failure toprovide information regarding the identity of the employee, or anyone else with a financial interest in the
Tow Operator will result in termination of the Agreement. Failure to provide information to the City of any
information regarding the conviction of any of the above crimes may also result in termination of the
Agreement.
G.) ldentificationBadges
Each tow truck driver or employee of the Tow Operator shall wear, in plain view an identification badge,
authorized and issued by the City to that employee, while on any call for service where the City isinvolved. lf a tow truck driver responds to a scene without his authorized name badge, the tow truck
driver will be dismissed from the scene and the next Tow Operator in rotation will be ialled. Failure to
carry an identification badge will be considered a violation as stated in Section 31, "Disciplinary Action," of
this Agreement. The purpose of these badges will be to identify those employees of the Tów Operator
who have been fingerprinted by the City and have passed the record check by the Department of Jústice.
All identification badges are the property of the City and will be returned by the Tow Operator to the Citywithin forty-eight (aB) hours of an employee's separation. Tow Operator will provide a current list of all
staff including drivers, dispatchers, etc. Anytime there are any changes to this list, the City is to be notified
by the next business day and provided with an updated and current list.
13. Tow Operator Licensinq and Gertification
All licensing and certifications required by Federal, State and local authorities shall be maintained current and
valid at all times as required in CVC sections: 34507.5,34600 et seq, 34620, and 12111, and sections 7231 et
seq, of the California Revenue and Taxation code. Failure to have any required license or certification, including
any driver who fails to have an appropriate class of license, may be grounds for immediate termination by City
without penalty.
14. lnspection
All real property and improvements thereon, and all vehicle facilities, equipment and materials used by the TowOperat ired herein shall be open to inspection by the City or itsauthori less than one annual inspection. Additional-inspections may
be con s hours. lnspections may include, but are not limited to, allbooks, eccrds, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpole oi auditing
or inspecting any aspect of performance directly related to this Agreement. ln the event that the City determines
that the real property and improvements thereon are insufficient, derelict or fail to meet the reqúirements as
called out in this Agreement, this Agreement may be terminated by City immediately, without penalty.
15. Vehicle and Equipment Requirements
Tow vehicles will be maintained in compliance with sections 24605, 252s3,25300, 27700 and 27907 of theCVC. Tow vehicles will be of at least 14,000 lbs. GVWR with dual rear wheels, with the ability to tow two (2)
vehicles, or a vehicle and/or a trailer. Tow vehicles must have two-way communication capabilities and the
ability to communicate and connect with the DTS System at all times. The Tow Operator shail have equipment
capable of towing from off-road areas, towing from underground facilities, and recovery services'with an
adjustable boom with at least five tons of lifting capacity. ln addition to the conventional wheel lift towing
capabilities, the Tow Operator shall maintain at least one or more flatbed or rollback trucks with a minimum offifty (50) feet of cable, and the required safety equipment. Unless otherwise specified by the City, all Tow
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Operators shall respond to a tow service request with a flatbed or rollback truck as specified above At the
discretion of the tow operator, a wrecker may be used to respond to a tow service request. lf for any reason theTow Operator is unable to complete the tow service request with the wrecker, the Tow Operatoi will not be
placed back on the top of the rotation list and a new Tow Operator will receive the tow service request.
A 3-axle or 25-ton truck is not required equipment. However, Tow Operators that possess this equipment will be
placed on a heavy-duty tow rotation list.
All trucks must have the required emergency lighting, portable stop and tail lamps, a broom, shovel, fire
extinguisher (rating 4-8, C), a utility light, reflective triangles, a large pry-bar, covered trash cans with approved
absorbent, rags, unlocking equipment, dollies (boom trucks), chains, and/or tie downs.
Wheel lift trucks will maintain at least100 feet of cable and all safety equipment as required by the
manufacturer.
Tow vehicles must have a cable winch of sufficient size and capacity to retrieve vehicles that have gone off
traveled portions of roadways into inundated areas or other inaccessible locations. Winches must havé visible
lD tags designating the model, make, serial number, and rated capacity.
All tow trucks used in City tows will be subject to a yearly inspection. This does not preclude the City from
conducting random inspections throughout the year
16. Vehicleldentification
Tow vehicles shall display identificatíon signs in compliance with section 27907 of the CVC. The Tow Operator
shall not display any sign or advertising material that indicates that his tow vehicles are an official police service
of the City.
17. Gharqes and Fees to be collected from Reqistered Owners
All rates and charges shall be conspicuously posted in the office and in all tow vehicles. These rates shall quote
complete charges and fees with no additional fees to be added at a later date. These rates will be available for
review by City personnel and/or the person for whom tow service is provided. All fees collected shall be itemized
and invoiced in DTS in accordance to section 22651.07 of the CVC. lt will be the Tow Operator's responsibility
to collect his bill for service, and the City will not be responsible in any way for these charges. Storagä fees wiil
be calculated on the calendar day except the first 24-hours which is counted as a single dãy in accoúance with
California CivilCode (CCC) 3068.1 (seeAttachment B). Allfees listed on the DTS ¡nvóicewill be received in theform of major credit card, debit card, or cash. All fees collected, both City and Tow Operator fees, must beinvoiced through the DTS system prior to release and at the time of payment. No credit card fees will becharged pursuant to CVC section 22651.1 and CCC section 1748.1 for any portion of the fees. The City
reserves the right to change all payment methods during the term of this agreement.
18. Lien Fees
At no time shall the City be charged a lien fee on a towed or impounded vehicle. No lien shall be attached toany vehicle that has been impounded by the Cíty until after seventy-two (72) hours from the time of storage as
listed in the DTS system have passed pursuant to section 22851.12 of the CVC. All lien transactions mu-st beentered into the DTS system by Tow Operator. Vehicles sold at lien sale shall abide by all laws relating to liensales. A vehicle held in impound by the City for thirty (30) days, shall not be sold at lien until such tirie as is
considered reasonable to allow the registered owner time to pay for and pick up the vehicle before it is sold at
lien, but under no circumstances before the thirtyJifth (35'n) day after storage.
The Tow Operator shall abide by all applicable statutes and ordinances concerning disposal of unclaimedvehicles, including but not necessarily limited to CVC sections 22670;22851,228'51.ti ZZAS|.2;22851.3.,
22851.4; 22851.6', 22851.8', 22851 .10, 22851.12 and 22852.5
As described in CVC section 22856, liability for despoliation of evidence shall not arise against the Tow
Operator that sells any vehicle at, or disposes of any vehicle after, a lien sale, as long as the Tow Operator can
show written proof that he was notified in writing by the City that the vehicle would no[ be needed as evidence ina legal action This proof may exist in the form of an official release in the DTS System or any other written
conveyance signed by a member of the City prior to the official, written release of the vehicle.
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19. Reasonableness and Validitv of Fees
Fees charged to the registered owner or any other person for response to calls originating from the City shall be
reasonable and not in excess of those rates charged for similar services provided in response to requests
initiated by any other public agency or private person. During the term of this agreement, the City shall conduct
an annual review each December of towing and storage fees of comparable cities and adjust rates set forth in
Attachment B by the first week of January of the following year.
20. Towinq Operation
All tows performed under this Agreement will be included in the flat rate charge as described in Attachment B.
No additional charges shall be charged without prior approval from the City and written notice is provided in the
DTS System. Any unapproved charges received outside the DTS System will result in immediate termination of
this Agreement and removalfrom the rotation list.
The Tow Operator shall base towing charges upon the class of vehicle being towed regardless of the class of
the truck used, except when vehicle recovery operations require a larger class truck. The Tow Operator may
refer to the tow truck classes and weight ratings as defined by the Towing & Recovery Association of America
(TRAA) vehicle identification guide.
21. Service CallRotation and Fees
The City shall establish a separate rotation list for Tow Operators willing to respond to service requests (out of
gas, lockouts, tire changes, etc.) Rates for a service requests shall not exceed one-half the flat rate charge for a
light duty truck response.
22. Gate Fees
No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding State
recognized holidays as listed below:
New Year's Day
Martin Luther King Day
Presidents'Day
Cesar Chavez Day
Memorial Day
lndependence Day
Labor Day
Veterans'Day
ïhanksgiving Day
Day after Thanksgiving
Christmas Day
An after hours gate fee may be charged at all other times. The gate fee is not to exceed fifty percent (50%) of
the flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal
property recovery that occurs outside normal business hours (excluding lien fees, storage fees, taxes, or other
additional fees ) The Tow Operator is responsible for assuring that proper gate fees are charged in accordance
with this section. Over charging gate fees will be considered a major violation as outlined in Section 30.
All towing and storage fees charged by the Tow Operator are the responsibility of the vehicle's owner and are
not the responsibility of the City. The exception would be evidentiary impounds made at the direction of City
personnel.
23. Cancelled Tow
The City shall not be liable to pay the Tow Operator or anyone else any charge or other fee for a call that does
not result in a chargeable service being rendered by Tow Operator ("Dry Run"). The cancelled Tow Operator
shall be placed back on the top of the rotation list and will receive the next tow in rotation.
24. Towed in Error
ln the event the City determines that an error has occurred in impounding a vehicle, it shall be immediately
released to the registered owner without charge and the Tow Operator will be placed back on the top of the
rotation list and will receive the next tow in rotation. ln addition, the Tow Operator will be given one extra tows
on the rotation list. Additional extra tows may be given at the discretion of the Tow Unit.
25. Release Fees
California law authorizes the recovery of funds required to enforce certain provisions of the CVC and promote
traffic safety on public roadways. This authorization falls under CVC section 22850.5 and further authorized by
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City resolutions. These resolutions are open to public view at the City and/or City offices and are on file with the
City's Traffic Bureau. The Tow Operator will collect fees on the behalf of the City from the registered owner,
legal owner or agent of an impounded car.
A City administrative / franchise fee will be charged for the release of a vehicle that has been impounded by the
City. Fees will be established by an independent consulting firm to determine the City's costs associated with
impounding vehicles in accordance with CVC sections 22850.5 and 12110(b). All ve'h¡cles impounded will be
charged an administrative / franchise fee for the release of the vehicle. This fee will be established and attached
to each vehicle in the DTS System. The City's administrative fees will be collected at the time of the release bythe Tow Operator. The Tow Operator will pay the City's franchise fees equivalent to the City's administrative
fees for every vehicle that is not picked up by the owner or agent. The Tow Operator will pay the City's
administrative / franchise fees for everY_,pity vehicle that was towed during the preceding month and'will pay the
City no laterthan 12:00 p.m. on the 15'n of the following month, regardless of the dispósition of tfre ven¡cte. ln
the event that the 15"' of the month falls on one of the State recognized holidays listed in Section 22 above, or a
weekend, the City's administrative/franchise fee must be paid by 12:00 p.m. on the followinq business dav. Tow
Operators who fail to submit the City's administrative / franchise fees to the City by the 15ft day of each monthwill be immediately suspended from rotation until all fees are received, anO wilt be subjeci to appropriate
disciplinary action and civil recourse. The City will keep a strict accounting of these feeé through in"'OfSSystem and frequent audits will take place to ensure accurate and timely payment of collected City
administrative / franchise fees. The fee will be listed as an item on the owner's / agent's DTS contractor invoice.
26. UnauthorizedRelease
Unauthorized releas e, accidental or otheruvise, having evidentiary value, not of¡cially
released by the City e fault of the Tow Operator, will result in the issuance of a major
violation as set forth termination of such fault will be the responsibility of the City.
27. Release of Multi-Dav lmpounds
A vehicle impounded_with a multiple day hold may only be released prior to the impound period with written
authorization by the City in the DTS System. The DTS System will automatically schedule the release of animpounded vehicle.
28. Release of Vehicles
Vehicles may only be released through the DTS System. Once the DTS System authorizes the release of a
stored or impounded vehicle, it is the Tow Operator's responsibility for the vehicle's release. The Tow Operatoris hereby granted authority to release to the registered owner, legal owner, or authorized representat¡ve,
pursuant to section 22850.3 of the CVC. At the time of release, the Tow Operator shall have the registered
owner, legal owner, or authorized representative taking possession of the vehicle sign a release indicatìng that
they are properly licensed and insured to drive a motor rehicle.
29. DisciplinarvAction
The Chief of Police, or his/her designee, shall take disciplinary action against Tow Operators for violations
investigated and sustained. Unless otherwise noted, the Chief of Police, or his/her designee, will determine theperiod of suspension and shall retain discretion regarding the length of any suspension imposed pursuant to the
terms and condit¡ons of this Agreement. The City shall retain record of violations for at least the term of this
Agreement.
30. Maior violations
Major violations include any chargeable offense under Federal, State, Local Law and significant violations of thisAgreement. Such violations shall result in suspension or immediate termination of this Agreement. The Chief ofPolice, or his/her designee, reserves the right to impose longer periods of suspénsions or immediate
termination, if deemed appropriate in his/her sole discretion. The Chief of Police, or his/her designee, reservesthe right to remove a Tow Operator from the tow rotation during the investigation of a mapr violation. A
reinstatement from suspension for a major violation will result in a five hundred dollar ($500.00) fðe. Suspension
will not be lifted until the reinstatement fee is received by the Chief of Police or his/her designee. ln adàition, amajor violation may also result in the Tow Operator's employee being removed from [articipation in this
Agreement. Examples of major violations include, but are not limited to:
. Physical assault, against public and/or law enforcemento Verbal abuse against public and/or law enforcement. Resisting arrest. Tow Truck Driver under the influence of alcohol or illegal drugs
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. Charging rates that exceed those listed in Attachment B. Vehicle released without authorizationo Unauthorized access to storage yard. Theft
. Mishandling of vehicles stored as evidence. Unauthorized driver responding to call. Failure to provide information or change of status on any Tow Operator employee or staff. Substantiated private party impound complaints. Any Felony/Misdemeanor arrest. Refusalto take a rotational tow. Failure to utilize the DTS system for all city towing related matters. Repeated late or nonpayment of City franchise feeso Failure to properly secure storage yard. Failure to obey a lawful order by law enforcement
31. Minor violations
Minor violations will be given to the Tow Operator in the form of a documented warning for the first violation. Thesecond violation will be in the form of a documented reprimanded and a one hundred dollar (g100.00) fine.
Repeated minor violations during the term of the Agreement may be treated as a major violation, and thó TowOperator will be suspended or terminated from this Agreement. A reinstatement from suspension will result in afive hundred dollar ($500.00) fee. Suspension will not be lifted until the reinstatement iee is received by the
Chief of Police or his/her designee. Examples of minor violations include, but are not limited to:
o Late payment of City franchise fees. Tow truck drivers not wearing city issued l.D. cards/ proper uniform. Unauthorized arrival time in excess of thirty (30) minutes, or forty-five (4S) minutes during peak hours. Repeated rejection of dispatched calls. Other violations of this Agreement not considered a major violation by the Chief of police or his/herdesignee. Unauthorizedride-a-longo Failure to respond to customers' needs¡ Failure to maintain proper equipmento Failure to clean up at a collision scene. Vehicle code infractions
32. Hearinq/Appeal
Tow Operator must have a legal existing interest in the tow operation or entitlement subject to the City order,citation, decision or determination to have standing to appeal a decision by the Chiei of police or his/herdesignee. An appeal that fails to identify the appellant's standing may be rejected as defective
ln the event FPD serves Tow Operator with disciplinary action amounting to anything less than a suspension
resulting from a minor violation, the Tow Operator may request a hearing withinfifteán (15) calendar äays Oysubmitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow Unit.
suspension for thirty (30) days or
est a hearing within fifteen (15)
s/her designee, through the Tow
of the Chief of police, or his/her
rotational tows until the final disposition of the appellate
hearing.
ln the event FPD serves amounting to a suspension in excess of thirty (30)
days, or termination of t est a hearing within fifteen (1S) calendar OaVd Oúsubmitting an appeal in Officer by way of the City t\ianager's Office. Thewritten appeal shall be :MC sections 1407 and 9-1712. Notwiihstandñrg any provision
within Chapter '1, Article 4 of the FMC, any person who appeals a suspension in excess of tn¡rti(gOi dãys, or atermination of the TSA shall not be entitled to placement on the Tow Rotation List or to participaie ¡n tows unt¡lsuch time as any appeal hearing has been concluded and the Administrative Hearing Officer finds that nogrounds for a suspension in excess of thirty (30) days, or a termination of the TSA has been established. TowOperator's remedy shall be limited to reinstatement on the tow rotation list in such case and no other
compensation or consideration will be allowed.
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ATTACHMENT B
TOW FEES
Flat price per vehicle per call:
Light Duty Tow/Flatbed $ 184.00/Each
Medium Duty Tow $ Average CHP Rates Apply
Heavy Duty Tow $ Average CHP Rates Appty
Water Recovery: $ Average CHP Rates Apply
Technoloqv Fee:
DTS Software Fee per Vehicle Towed $ Charge listed in DTS Contract and DTS System
Storaqe Rates:
Passenger cars $ 45.00/per dayMotorcycles $ 45.00/per day
Trucks or Trailers $ Average CHP Rates Apply
lnside Storaoe Rates:
Passenger cars $ 55.00/per dayMotorcycles $ 55.00/per day
Trucks or Trailers $ Average CHP Rates Apply
Gate Fee: No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding
State recognized holidays as listed in the Agreement.
An after hours gate fee may be charged at all other times. The gate fee shall not exceed fifty percent (S0%) of theflat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal pioperty
recovery that occur outside normal business hours (excludirg lien fees, storage fees, taxes, or other additional
fees).
Non{ow service calls (out of gas, lockouts, and flat tires) shall not exceed one-half the flat rate charge for a light
duty truck response.
City of Fresno Administrative / Franchise Fees:
Vehicle Collision Blocking a Roadway $ 60.00
lllegally Parked / Abandoned Vehicle $1 16.00
Unlicensed Driver / Expired Registration $189.00
Arrested / Suspended Driver $266.00
DUI Driver $450.00
Atl fees tisted on the DTS invoice will be received in the form of major credit card, debit card orcasfi. Nocredit card fee will be charged pursuant to CVC section 22651.1 and CCC section 174A.1.
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CITY OF FRESNO
NON-EXCLUSIVE FRANCHISE TOW AGREEMENT
FOR FRESNO POLICE DEPARTMENT
This Non-exclusive Franchise Tow Agreement (TSA) is entered into effect on the 28th day of December 2014 set
forth below, at Fresno, California, between the City of Fresno, a municipal corporation (City) and Fortney
Towing, a California corporation (the Tow Operator).
This Agreement, including all attachments, contains rules and regulations that a tow company agrees to comply
with in order to participate in the tow operations of the City of Fresno Police Department (FPD). Participation in
the FPD Rotation Tow Program (Tow Program) is voluntary. Compliance with all of the terms and conditions of
the Agreement is mandatory for tow companies participating in the Tow Program. A Tow Operator, by agreeing
to participate in the Tow Program, is not acting as an agent for FPD or City when performing services under this
Agreement.
',. Governing Law and Venue
This Agreement shall be governed by, and construed enforced in accordance with, the laws of the State of
California excluding, however, any conflict of laws rule which would apply the law of another jurisdiction Venue
for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any
rights and duties hereunder shall be the County of Fresno, California.
2. Entire Aqreement
This Agreement, its attachments and exhibits, when accepted by the Tow Operator either in writing or
commencement of performance hereunder, contains the entire Agreement between the parties with respect to
the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth
herein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by
City in writing.
3. Amendments
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the
parties; no oral understanding or agreement not incorporated herein shall be binding on erther of the parties;
and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in
writing.
4. Assiqnment or Sub Contractinq
The terms, covenants, and conditions contained herein shall apply to the parties. Furthermore, neither the
performance of this Agreement nor any portion thereof may be assigned or subcontracted by Tow Operator
without the express written consent of City. Any attempt by Tow Operator to assign or subcontract the
performance or any portion of this Agreement without the express written consent of City shall be invalid and
shall constitute a breach of this Agreement.
5. PatenUGopvriqht Materials/Proprietarv lnfrinqement
Unless otheruvise expressly provided in this Agreement, Tow Operator shall be solely responsible for obtaining a
license or other authorization to use any patented or copyrighted materials in the performance of this
Agreement. Tow Operator warrants that any Software as modified through services provided hereunder will not
infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Tow Operator
agrees that, in accordance with the more specific requirement below, it shall indemnify, defend and hold City
and City lndemnitees harmless from any and all such claims and be responsible for payment of all costs,
damages, penalties and expenses related to or arising from such claim(s), including, but not limited to,
attorney's fees, costs and expenses.
6. Non-Discrimination
ln the performance of this Agreement, Tow Operator agrees that it will comply with the requirements of section
1735 of the California Labor Code and not engage nor permit any Tow Operators to engage in discrimination in
employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, marital status, or sex of such persons. Tow Operator acknowledges that a
violation of this provision shall subject Tow Operator to all the penalties imposed for a violation of anti-
discrimination law or regulation, including but not limited to, section 1720 et seq. of the California Labor Code.
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7. Termination
ln addition to any other remedies or rights it may have by law, City has the right to termrnate this Agreement
without penalty immediately with cause and either party may terminate after thirty (30) days written notice
without cause, unless otherwise specified. Cause shall be defined as any breach of this Agreement or any
misrepresentation or fraud on the part of the Tow Operator. Exercise by City of its right to terminate the
Agreement shall relieve City of all further obligation.
8. Consent to Breach Not Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or
consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any
party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver
of, or excuse for any other different or subsequent breach.
9. Remedies Not Exclusive
The remedies for breach set forth in this Agreement are cumulative as to one another and as to any other
provided by law, rather than exclusive; and the expression of certain remedies in this Agreement does not
preclude resort by either party to any other remedies provided by law.
10. lndependent Tow Operator
Tow Operator shall be considered an independent Tow Operator and neither Tow Operator, its employees nor
anyone working under Tow Operator shall be considered an agent or an employee of City. Neither Tow
Operator, its employees nor anyone working under Tow Operator, shall qualify for workers' compensation or
other fringe benefits of any kind through City.
11. Performance
Tow Operator shall perform all work under this Agreement, taking necessary steps and precautions to perform
the work to City's satisfaction. Tow Operator shall be responsible for the professional quality, technical
assurance, timely completion, and coordination of all documentation and other goods/services furnished by Tow
Operator under this Agreement. Tow Operator shall. perform all work diligently, carefully, and in a good and
workman-like manner; furnish all labor, supervision, machinery, equipment, materials, and supplies necessary
therefore; at its sole expense obtain and maintain all permits and licenses required by public authorities,
including those of City required in its governmental capacity, in connection with performance of the work; and, if
permitted to subcontract, be fully responsible for allwork performed by sub-Tow Operators.
12. Indemnification
A) Tow Operator shall indemnify, hold harmless and defend City and each of its officers, officials,
employees, agents and authorized volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to
personal injury, death at any time and property damage) incurred by City, Tow Operator, or any
other person, and from any and all claims, demands and actions in law or equity (including
attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of
performance of this Agreement. Tow Operator's obligations under the preceding sentence shall
apply regardless of whether City or any of its officers, officials, employees, agents or authorized
volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or
damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any
of its officers, officials, employees, agents or authorized volunteers.
B) lf Tow Operator should subcontract all or any portion of the work to be performed under this
Agreement, Tow Operator shall require each subcontractor to indemnify, hold harmless and defend
City and each of its offìcers, officials, employees, agents and authorized volunteers in accordance
with the terms of the preceding paragraph.
C) This section shall survive termination or expiration of this Agreement.
13. Insurance
A) Throughout the life of this Agreement, Tow Operator shall pay for and maintain in full force and
effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted
by the California lnsurance Commissioner to do business in the State of California and rated not
less than 'A-Vll' in Best's lnsurance Rating Guide, or (ii) authorized by City's Risk Manager. The
following policies of insurance are required:
2
5)
B)
1) COMMERCIAL GENERAL LIABILITY insurance which shall be on the most current version of
lnsurance Services Office (lSO) Commercial General Liability Coverage Form CG 00 01 and
include insurance for "bodily injury," "property damage" and "personal and advertising injury"
with coverage for premises and operations, products and completed operations, and
contractual liability (including, without limitation, indemnity obligations under the Agreement)
with limits of liability of not less than $1,000,000 per occurrence for bodily injury and property
damage, $1,000,000 per occurrence for personal and advertising injury and $2,000,000
aggregate for products and completed operations and $2,000,000 general aggregate.
2) GARAGEKEEPERS LEGAL LIABILITY insurance which shall include coverage for vehicles in
the care, custody, and control of the Tow Operator with limits of liability of not less than
$120,000 per occurrence for property damage.
3) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be on the most current
version of lnsurance Service Office (lSO) Business Auto Coverage Form CA 00 01, and
include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles
(Code 1- Any Auto) with limits of not less than $1,000,000 per accident for bodily injury and
property damage.
4) ON-HOOIICARGO insurance which shall include coverage for vehicles in tow with limits of
liability based on the size of the tow truck, which are as follows:
a) Class A/B tow truck... $120,000b) Class C tow truck.. ... $200,000c) Class D tow truck.. ... $300,000
WORKERS' COMPENSATION insurance as required under the California Labor Code and
EMPLOYERS' LIABILITY insurance with minimum limits of $1,000,000 each accident, $1,000,000
disease policy limit and $1,000,000 disease each employee.
Tow Operator shall be responsible for payment of any deductibles contained in any insurance
policies required hereunder and Tow Operator shall also be responsible for payment of any self-
insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate
of lnsurance and approved by the City's Risk Manager or his/her designee. At the option of the
City's Risk Manager, or his/her designee, either:
f ) The insurer shall reduce or eliminate such deductibles or self-insured retention as
respects City, its officers, officials, employees, agents and volunteers; or
2) Tow Operation shall provide a financial guarantee, satisfactory to City's Risk Manager, or
his/her designee, guaranteeing payment of losses and related investigations, claim
administration and defense expenses. At no time shall City be responsible for the payment of
any deductibles or self-insured retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30)
calendar days written notice in favor of City of policy cancellation, change or reduction of coverage,
except for the Workers'Compensation policy which shall provide ten ('10) calendar days written
notice of such cancellation, change or reduction of coverage. ln the event any policies are due to
expire during the term of this Agreement, Tow Operator shall provide a new certificate and all
applicable endorsements evidencing renewal of such policy prior to the expiration date of the
expiring policy(ies) to the Chief of Police, or his/her designee, and the City's Risk Division. Upon
issuance by the insurer, broker, or agent of a notice of cancellation, change or reduction in
coverage, Tow Operator shall file with the Chief of Police, or his/her designee, and the City's Risk
Division, a new certificate and all applicable endorsements for such policy(ies).
The General Liability, Automobile Liability and Garagekeepers Legal Liability insurance policies
shall be written on an occurrence form and shall name City, its officers, officials, agents, employees
and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Tow
Operator's insurance shall be primary with respect to the City, its officers, officials, employees,
agents and authorized volunteers with no contribution required of City. Any Workers' Compensation
insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents,
c)
D)
3
employees and authorized volunteers Tow Operator shall have furnished City with the certificate(s)
and applicable endorsements for ALL required insurance prior to City's execution of the Agreement.
E) The fact that insurance is obtained by Tow Operator shall not be deemed to release or diminish the
liability of Tow Operator, including, without limitation, liability under the indemnity provisions of this
Agreement. City shall apply to all claims and liability regardless of whether any insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by Tow Operator. Approval or purchase of any insurance contracts or policies shall in no
way relieve from liability nor limit the liability of Tow Operator, its principals, officers, agents,
employees, persons under the supervision of Tow Operator, vendors, suppliers, invitees,
consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of
them.
F) Upon request of City, Tow Operator shall immediately furnish City with a complete copy of any
insurance policy required under this Agreement, including all endorsements, with said copy certified
by the underuvriter to be a true and correct copy of the original policy. This requirement shall survive
expiration or termination of this Agreement.
G) lf at any time during the life of the Agreement or any extension, Tow Operator fails to maintain the
required insurance in full force and effect, all work under this Agreement shall be discontinued
immediately until notice is received by City that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory to City.
Any failure to maintain the required insurance shall be sufficient cause for City to terminate this
Agreement.
H) lf Tow Operator should subcontract all or any portion of the work to be performed, Tow Operator
shall require each subcontractor to provide insurance protection in favor of the City, its officer,
officials, employees, agents and authorized volunteers in accordance with the terms of each of the
preceding paragraphs, except that the subcontractors certificates and endorsements shall be on file
with the Tow Operator and City prior to the commencement of any work by the subcontractor
14. Bills and Liens
Tow Operator shall pay promptly all indebtedness for labor, materials, and equipment used in performance of
the work. Tow Operator shall not permit any lien or charge to attach to the work or the premises, but if any does
so aüach, Tow Operator shall promptly procure its release and indemnify, defend, and hold City harmless and
be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related
thereto.
15. Chanqe of Control
Tow Operator agrees that if there is a change or transfer in ownership or control of the Tow Operator's business
prior to completion of this Agreement, unless such change or transfer is to "immediate family" as defined in
Fresno Municipal Code (FMC) section 3-f01(e) and approved in writing by the Chief of Police, or his/her
designee, such change or transfer shall terminate this Agreement. This includes but is not limited to changes in:
Corporate Board Members, Managers, Directors, Treasurer, Trustees, or ownership interests. All changes or
transfers to "immediate family" must be approved by the Chief of Police, or his/her designee, prior to such
change or transfer in order for the Tow Operator to remain on the tow services list. Final written approval or
disapproval for the change or transfer in ownership or control will be given by the Chief of Police or his/her
designee All "immediate family" members involved in the potential transfer and operation of the Tow Operator
shall be required to undergo a background check, review, and "Livescan" fingerprint screening. The "immediate
family" members involved in the change or transfer of ownership or control must also possess and keep current
all licensing certificates and insurance as required in this Agreement. The "immediate family" members who will
operate or othenvise be legally responsible for the Tow Operator will be required to execute a new TSA.
A) Tow Operator owners shall be directly involved in the day{o-day operations of their
business and shall not be directly involved in the towing-related business of any other tow
company on, or applicant for, the Tow Rotation List. Co-mingling of operations, business,
offices, board members, and finances is strictly prohibited.
B) lf terminated or suspended, Tow Operator and/or its owner at the time of the suspension or
termination, shall not be eligible for a rotation listing for the duration of the suspension or
termination. This section applies to the Tow Operator working in any capacity within any tow
4
business or operating any tow business and to the tow business even if operated under new
ownership.
C) Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow
Rotation List, excluding equipment which may be unavailable due to repairs or when there is a need
for equipment replacement and written approval is obtained from the Chief of Police or his/her
designee.
16. Force Maieure
Tow Operator shall not be in breach of this Agreement caused by any act of God, war, civil disorder,
employment strike or other cause beyond its reasonable control, provided Tow Operator gives written notice of
the cause of the delay to City within thirty-six (36) hours of the start of the delay and Tow Operator avails itself of
any available remedies.
17. Gonfidentialitv
Tow Operator agrees to maintain the confidentiality of all City and City-related records and information pursuant
to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term
of this Agreement. All such records and information shall be considered confidential and kept confidential by
Tow Operator and Tow Operator's staff, agents and employees.
18. Compliance with Laws
Tow Operator represents and warrants that services to be provided under this Agreement shall fully comply, at
Tow Operator's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and
regulations, including, but not limited to those issued by City in its governmental capacity and all other laws
applicable to the services at the time services are provided to and accepted by City. Tow Operator
acknowledges that City is relying on Tow Operator to ensure such compliance (collectively Laws). Tow Operator
agrees that it shall defend, indemnify and hold City and City lndemnitees harmless from all liability, damages,
costs, and expenses arising from or related to a violation of Laws.
19. Pricinq
The Agreement price shall include full compensation for providing all required services in accordance with the
Scope of Work attached to this Agreement, and no additional compensation will be allowed therefore, unless
othen¡vise provided for in this Agreement. Tow Operator shall pay the City Franchise Fees as listed in
Attachment "8", or "City Administrative / Franchise Fees", in accordance with Paragraph 25 of Attachment "4"
20. Terms and Conditions
Tow Operator acknowledges that the undersigned has read and agrees to all terms and conditions included in
this Agreement.
21. Severabilitv
lf any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired or invalidated thereby.
22. Calendar Davs
Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless
othenvise expressly provided.
23. Attornev Fees
lf either party is required to commence any proceeding or legal action to enforce any term, covenant or condition
of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other
party its reasonable Attorney's fees and legal expenses.
24. lnterpretation
This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in
the matters dealt with in this Agreement. ln addition, each party has been represented by experienced and
knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel
despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have
not been influenced to any extent whatsoever in executing this Agreement by any other party hereto or by any
person representing them, or both. Accordingly, any rule or law (including California Civil Code section 1654) or
legal decision that would require interpretation of any ambiguities in this Agreement against the party that has
5
drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable
manner to affect the purpose of the parties and this Agreement.
25. Authoritv
The parties to this Agreement represent and warrant that this Agreement has been duly authorized and
executed and constitute the legally binding obligation of their respective organization or entity, enforceable in
accordance with its terms.
26. Emplovee Eliqibilitv Verification
Tow Operator warrants that it fully complies with all Federal and State statutes and regulations regarding the
employment of aliens and others and that all its employees performing work under this Agreement meet the
citizenship or alien status requirement set forth in Federal statutes and regulations. Tow Operator shall obtain,
from all employees performing work hereunder, all verification and other documentation of employment eligibility
status required by Federal or State statutes and regulations including, but not limited to, the lmmigration Reform
and Control Act of 1986, I U.S.C. 51324 et seq., as they currently exist and as they may be hereafter amended.
Tow Operator shall retain all such documentation for all covered employees for the period prescribed by the law.
Tow Operator shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its
agents, officers, and employees from employer sanctions and any other liability which may be assessed against
Tow Operator or City or both in connection with any alleged violation of any Federal or State statutes or
regulations pertaining to the eligibility for employment of any persons performing work under this Agreement.
27. Additional Terms and Conditions
A) Term of Agreement: This Agreement shall commence on December 28, 2014, and shall be
effective for three (3) years from that date, unless othen¡vise terminated by City.
B) Fiscal Appropriations: This Agreement is subject to and contingent upon applicable budgetary
appropriations being made by the City for each year during the term of this Agreement. lf such
appropriations are not forthcoming, the Agreement will be terminated without penalty. Tow
Operator acknowledges that funding or portions of funding for this Agreement may also be
contingent upon the receipt of funds from, and/or appropriation of funds by City. lf such funding
and/or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate
or modify this Agreement without penalty.
C) Gonflict of lnterest (Tow Operator): Tow Operator shall exercise reasonable care and diligence to
prevent any actions or conditions that result in a conflict with the best rnterest of City. This
obligation shall apply to Tow Operator, Tow Operator's employees, agents, relatives, and third
parties associated with accomplishing the work hereunder. Tow Operator's efforts shall include, but
not be limited to, establishing precautions to prevent its employees or agents from making,
receiving, providing, or offering gifts, entertainment, payments, loans, or other considerations which
could be deemed to appear to influence individuals to act contrary to the best interest of City
D) Tow Operator Work Hours and Safety Standards: Tow Operator shall ensure compliance with all
safety and hourly requirements for employees, in accordance with federal, state, and City safety
and health regulations and laws.
E) Orderly Termination: Upon termination or other expiration of this Agreement, each party shall
promptly return to the other party all papers, materials, and other properties of the other held by
each for purposes of execution of the Agreement. ln addition, each party will assist the other Party
in orderly termination of this Agreement and the transfer of all aspects, tangible and intangible, as
may be necessary for the orderly, non-disruptive business continuation of each party.
F) Reprocurement Costs: ln the case of default by Tow Operator, City may procure the service from
other sources and, if the cost is higher, Tow Operator will be held responsible to pay City the
difference between the Agreement cost and the price paid. City may make reasonable efforts to
obtain the prevailing market price at the time such services are rendered. This is in addition to any
other remedies available under law.
G) Authorization Warranty: Tow Operator represents and warrants that the person executing this
Agreement on behalf of and for Tow Operator is an authorized agent who has actual authority to
bind Tow Operator to each and every term, condition, and obligation of this Agreement and that all
requirements of Tow Operator have been fulfilled to provide such actual authority.
6
28.
H) Notices: Any and all notices permitted or required to be given hereunder shall be deemed duly
given ('1)upon actualdelivery, if delivery is by hand; or(2) upon delivery bythe United States mail if
delivery is by postage paid registered or certified return receipt requested mail; or (3) through
electronic means such as, email or the Dispatch & Tracking Solutions Software System (DTS).
l) Data - Title to: All materials, documents, data or information obtained from City data files or any
City medium furnished to Tow Operator in the performance of this Agreement will at all times remain
the property of City. Such data or information may not be used or copied for direct or indirect use
by Tow Operator after completion or termination of this Agreement without the express written
consent of City. All materials, documents, data or information, including copies, must be returned to
City at the end of this Agreement.
J) Usage: No guarantee is given by City to Tow Operator regarding usage of this Agreement Usage
figures, if provided, are approximate, based upon the last usage. Tow Operator agrees to supply
services and/or commodities requested, as needed by City, at prices listed in the Agreement,
regardless of quantity requested.
K) Tow Operator's Records: Tow Operator shall keep true and accurate accounts, records, books
and data which shall correctly reflect the business transacted by Tow Operator in accordance with
generally accepted accounting principles. These records shall be stored at the Tow Operators
principal place of business for a period of three (3) years after final payment is received by City.
L) Audits/lnspections: Tow Operator agrees to permit City's authorized representative (including
auditors from a private auditing firm hired by City) access during normal working hours to all books,
accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose
of auditing or inspecting any aspect of performance under this Agreement. The inspection and/or
audit will be confined to those matters connected with the performance of the Agreement including,
but not limited to, the costs of administering the Agreement. City reserves the right to audit and
verify Tow Operator's records before or after final payment is made.
Tow Operator agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of records retention is stipulated under this Agreement or
by law. Tow Operator agrees to allow interviews of any employees ol others who might reasonably
have information related to such records. Further, Tow Operator agrees to include a similar right to
City to audit records and interview staff of any sub-Tow Operator related to performance of this
Agreement.
M) Should Tow Operator cease to exist as a legal entity, Tow Operator's records pertaining to this
Agreement shall be forwarded to the Chief of Police or his/her designee.
Disputes-Aqreement
A) The Parties shall deal in good faith and attempt to resolve potential disputes informally.
1) Tow Operator shall submit to the Chief of Police, or his/her designee, a written demand for a
final decision regarding the disposition of any dispute between the parties arising under,
related to, or involving this Agreement, unless City, on its own initiative, has already rendered
such a final decision
2) Tow Operator's written demand shall be fully supported by factual information, and, if such
demand involves a cost adjustment to the Agreement, Tow Operator shall rnclude with the
demand a written statement signed by a senior official indicating that the demand is made in
good faith, that the supporting data are accurate and complete, and that the amount
requested accurately reflects the Agreement adjustment for which Tow Operator believes City
is liable.
B) Pending the final resolution of any dispute arising under, related to, or involving this Agreement,
Tow Operator agrees to diligently proceed with the performance of this Agreement. Tow Operator's
failure to diligently proceed shall be considered a material breach of this Agreement.
C) Any final decision of City shall be expressly identified as such, shall be in writing, and shall be
signed by the City Hearing Administrative Officer, or Chief of Police, or his/her designee, as
applicable. lf City fails to render a decision within ninety (90) days after receipt of Tow Operator's
-7 -
demand, it shall be deemed a final decision adverse to Tow Operator's contentions. City's final
decision shall be conclusive and binding regarding the dispute unless Tow Operator commences
action in a court of competent jurisdiction.
29. Breach of Agreement
The failure of the Tow Operator to comply with any of the provisions, covenants or conditions of this Agreement
shall be a material breach of this Agreement. ln such event the City may, and in addition to any other remedies
available at law, in equity, or othenvise specified in this Agreement, undertake any of the individual actions or
any combination of the following actions:
1) Afford the Tow Operator written notice of the breach and ten calendar days or such
shorter time that may be specified in this Agreement within which to cure the
breach;
2) Suspend and/or remove Tow Operator from the rotation;
3) Terminate the Agreement immediately, without any penalty.
The Parties hereto have executed this Agreement.
Title:Bv
Print Name:Date:
*lf a corporation or limited liability company, the document must be signed by two corporate officers. The first signature
must be either the Chairman of the Board, President, or any Vice President. The second signature must be the
secretary, an assistant secretary, the Chief Financial Officer, or any assistant treasurers. ln the alternative, a single
signature is acceptable when accompanied by a corporate document demonstrating the legal authority of the
signature to bind the company.
Date.
Date:
ATTEST:
YVONNE SPENCE, CMC
City Clerk
By:: Date:
DOUGLAS T. SLOAN
I
tz/zz)t +
s'JåsäË"ilJS.
1. Scope of Work
Tow Operator shall pefform the towing, and storage of vehicles as directed by the City, and in addition, such
other services as provided in this Scope of Work, and shall provide necessary storage facility, tow vehicles,
labor, materials, equipment, machinery, and tools. The Tow Operator shall comply with all State laws and
regulations, applicable to tow units and impound, towing, storage, selling or junking of vehicles. Tow operators
must follow all guidelines set forth by equipment manufactures recommendations as to their use and care of all
towing related equipment All permits and licensing fees as specified under California Vehicle Code (CVC)
sections 34620 through 34624 shall be in fullforce and effect at alltimes during this Agreement. Any violation of
this section will be considered a material breach of the Agreement and may result in immediate terminatton of
this Agreement
2. Towinq Services and Duties
It shall be the duty of the Tow Operator, when so directed by the City, to provide prompt tow service for vehicles
which are taken into custody by the City. This includes vehicles involved in collisions or disabled by any other
cause, abandoned in public places or on private property. Vehicles impounded for evidence, impeding the flow
of traffic, or which for any other reason, are within the jurisdiction of the FPD. As required by law, Tow
Operators are to remove from the street all debris resulting from said collisions and to clean the immediate area
of such street (CVC section 27700(a)(1)). lt shall also be the duty to provide for the safety and security of those
vehicles and the contents thereof. These duties are inherent to the job and are to be included in the price of the
basic tow bill.
The tow truck operator shall provide a business card to the registered owner or driver for the vehicle being
towed. The business card shall contarn the name, address and phone number of the tow company as well as
the link to the vehicle search system in DTS as follows: www.findmytow.com
Tow truck operators and/or drivers will not be permitted to drive an impounded or recovered stolen vehicle or
vehicle intended for storage from a FPD rotation call or special operation. Any exceptions must be at the
direction of the FPD officer in charge of the scene and should be limited to repositioning the vehicle to allow for
towing.
The City has designated two (2) tow companies for evidence impound tows and no other rotation tow company
shall maintain custody over these vehicles at any time lf an officer impounds a vehicle for evidence and a non-
preference rotational tow is dispatched, it is the responsibility of the tow driver to verify with the officer on scene
as to whether a vehicle is to be held for evidence. lf it is determined that the vehicle is to be held for evidence,
the tow driver must immediately notify the officer on scene that the company is not authorized to handle
evidence impounds and an evidence tow company shall be dispatched. Tow Operator shall then contact the
Tow Unit on the same business day, or within the next business day if such tow occurs after regular business
hours. Acceptance of an evidence tow by a non-designated evidence tow company will result in disciplinary
action and full financial responsibility for all tow and storage fees for each violation.
lf terminated or suspended, Tow Operator and/or owner at the time of the suspension or termination, shall not
be eligible for a rotation listing for the duratron of the suspension or termination. This provision applies to the
Tow Operator working in any capacity within any tow business or operating any tow business and to the tow
business even if operated under new ownership.
Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow Rotation List,
excluding equipment which may be unavailable due to repairs or when there is a need for equipment
replacement and written notice has been obtained from FPD.
3. Special Operations
FPD conducts special operations coordinated through the Traffic Bureau throughout the year that requires tow
companies at the location of the special operation. Tow companies on the Tow Rotation List that are in good
standing with FPD may be invited to participate in these operations, provided they are willing to remain with the
special operation until its conclusion and forfeit any rotational tow calls (FPD, California Highway Patrol, or
other) received during the duration of the operatron. "Good standing" shall mean that Tow Operator has not
violated, or is not in violation of the terms of this Agreement, the provisions of the FMC, State, or Federal law
All special operations tows will be subject to the provisions of this Agreement Tow Operator shall respond to a
I
special operat¡on with a flatbed tow truck with the capability of towing (2) vehicles. No ride alongs will be allowed
on any special operations unless the ride along is the Tow Owner or a Tow Driver who is in training and has
been approved by FPD.
4. Siqnaqe and hours of Operation
The storage yard or business office shall have a sign that clearly identifies it to the public as a towing service.
The sign shall have letters that are clearly visible to the public from the street and must be visible at night All
storage facilities must be accessible to City personnel twenty-four (24) hours per day and seven (7) days per
week. The Tow Operator will provide customer service twenty-four (24) hours per day and seven (7) days per
week for the release of vehicles.
Tow Operator shall provide at least one person at a call station to respond and release vehicles within thirty (30)
minutes. Tow Operator shall maintain all signage required pursuant to CVC sections 22850.3 and22651.07
and include an after-hours contact phone number for Tow Operator.
5. Response Time
Tow Operator shall respond to calls twenty-four (24) hours aday, seven (7) days a week, within the maximum
response time limits as established by the Chief of Police or his/her designee. A reasonable response time is
thirty (30) minutes or less, except during peak hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m.,
(Monday through Friday), when the required response time will be extended to forty-five (45) minutes or less
Tow Operator shall respond with a tow truck of the class required to tow the vehicle specified by the DTS
System.
6. Non-Response
The Tow Operator shall update the DTS System at the time of dispatch to a tow rotation request. lf the Tow
Operator is either unable to respond or unable to meet the maximum response time, the tow operator shall
immediately update the DTS System accordingly. lf, after accepting the call, the Tow Operator is unable to
respond or will be delayed in responding, the Tow Operator shall immediately update the DTS system
accordingly.
To decline or refuse to respond will be considered a non-response. Each non-response will be immediately
documented in the DTS System. Each non-response will be logged by the DTS System and reviewed by the
City. lf the fault for the non-response is attributed to other than the Tow Operator, the Tow Operator will be
placed back in the rotational list and called at the next opportunity in line.
One such breach, determined to be the fault of the Tow Operator, will be grounds for written reprimand which
may be subsequent to a meeting between the Tow Operator and the City. A second breach may be grounds for
a (30) thirty-day suspension of this Agreement. A third violation will be considered a material breach of the
Agreement and may result in immediate termination of this Agreement.
ln the case of suspension or termination, all vehicles then in storage at the time of the suspension or termination
remain protected under this Agreement as City's impounds and the Tow Operator iô so bound. The City will
have the option to remove and/or transfer stored vehicles.
When a Tow Operator wrll be temporarily unavailable to provide services due to preplanned/scheduled activity,
such as a vacation, maintenance, medical leave, etc., the Tow Operator will notify City in writing via the DTS
system at least forty-eight (48) hours in advance. City reserves the right to deny these requests to maintain
adequate service levels for tow operations. Failure to notify the City will be considered a non-response and a
material breach of this agreement.
7. StoraqeResponsibilities
It shall be the duty of the Tow Operator to provide impound and other storage service for all vehicles as directed
by the City. The Tow Operator shall be responsible for all vehicles, accessories and equipment thereon and all
personal property therein stored by Tow Operator. lt shall be the Tow Operators' duty to protect such stored
vehicles, accessories, equipment, and property against all loss or damage by fire, theft or other causes. The
Tow Operator will have available for review by City personnel, all permits and proof of compliance to all local
zoning, special use, conditional use and special requirements, laws and regulation. lt is the responsibility of the
Tow Operator to ensure vehicles are stored in a secured facility.
8. Size and Location of Storaqe Facilitv
The tow yard shall be located within the City of Fresno's "Metropolitan Area." Metropolitan area is defined as
within the borders of Copper Avenue to the north, American Avenue to the south, DeWolf Avenue to the east,
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and Chateau Fresno to the west. Tow Operator shall be responsible for the security of vehicles and property at
the place of storage At a minimum, a six (6) foot fence or enclosed secured area is required for outside
storage. A minimum of 5,000 square feet, or room for twenty (20) vehicles, shall be provided. All tow yards
located with the City of Fresno shall be in compliance with the FMC, current Directors Class #208 and shall
follow the current Development and Resource Management Department's Policy and Procedure C-002. lf the
tow facility is located outside the City of Fresno, the tow operator is required to provide written proof that the
yard is in compliance with the authorizing jurisdiction. Tow Operator is responsible for the reasonable care,
custody, and control of any property contained in towed or stored vehicles. The storage facility and business
office will be located at the primary storage yard and shall be maintained in a functional, clean and orderly
fashion. The facility shall have a telephone, on-site fax machine and the necessary computer equipment to
properly run DTS software and to send and receive email.
ln the event of criminal activity at a storage facility, the City may require the Tow Operator to take measures to
assist in preventing such crimes. These measures could include, but are not limited to: the yard being
illuminated during darkness, with security type lighting, to such a degree that visual observation of the entire
yard may be accomplished at all times, improved fencing and/or security patrols.
All vehicles stored or impounded as a result of a tow ordered by the City shall be towed directly to a towing
service storage lot unless the City, or in the case of a citizen's assist, a person legally in charge of the vehicle,
requests that it be taken to some other location.
All vehicles towed as a result of action taken by the City will be stored at the Tow Operator's principal place of
business unless directed otherwise by the City's Tow Coordinator. Vehicles stored at an auxiliary storage facility
will be considered a breach of this Agreement. The Tow Operator shall not remove personal property from a
stored vehicle. lf the registered owner removes personal property from a stored vehicle, the Tow Operator will
maintain documentation of such and will require a signed receipt from the registered owner for property
released. The Tow Operator shall immediately notify the City if any contraband, weapons or hazardous
materials are found in the vehicle(s).
9. Enclosed Facilitv
The Tow Operator may maintain, without charge to the City or any other person, separate and enclosed garage
facilities no less than 1,000 square feet of clean working space. The facility must be constructed to include a
roof and at least four walls of substantial design to withstand the elements and protect the vehicles from the
weather. The facility should have a concrete floor and sufficient lighting This inside facility must be located at
the Tow Operator's primary storage yard. This inside facility is not required to qualify for the City's rotation,
however, when inside storage is requested for a particular vehicle, the next Tow Operator in line meeting the
needs of the City's request will be used.
10. DTS Requirements
Tow Operator shall utilize the most recent, updated and upgraded DTS software program, to dispatch and track,
via a web-based lnternet connection. Tow Operators will be required to enter the towed vehicle information as
instructed by the City At no time will a vehicle be released, subject to lien, or junked from impound without all
required data fields being entered into the DTS system by the Tow Operator. The Tow Operator shall clearly
identify and enter into DTS the name of the person to whom the vehicle was actually released. All City tow
requests shall be made utilizing this program. Failure at any time to have the DTS program in full operation shall
cause the immediate removal of the Tow Operator from the tow rotation and be grounds for immediate
termination by City. Tow Operator must enter into a separate agreement, or license for the DTS software
program with the owner of that proprietary software. The City shall not provide the DTS software program, any
licensing or sub-licensing thereof or any intermediary services for the procurement by Tow Operator of the DTS
software program. This Agreement shall not be executed by the City until Tow Operator has demonstrated to
the City's satisfaction compliance with the requirements set forth herein. Tow Operator shall be liable for all
fees, charges, prices, rates and service charges required from DTS. DTS shall be utilized in "real time" and all
entries should reflect as such. lnvoices shall be used from DTS when releasing vehicles and be pursuant to
section 22651.07 of the CVC. The only Tow Operator personnel authorized to utilize and access DTS are those
that have fully complied with the provisions set forth in Section 12, "Tow Operator Personnel" of this Agreement.
lf the Tow Operator is not in FULL compliance with the above stated requirement, the Tow Operator will be
removed from the City towing rotation. ln the event that DTS fails to provide software services, or the City elects
to utilize a new software provider, the Tow Operator will be required to use the replacement towing software
system. lf that occurs, all references to DTS in this Agreement shall instead be interpreted as references to the
new software program.
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11. Official Notification bv Citv Reqardinq Tow
Offìcial notification by City regarding tow services is considered any form of written, email, verbal instructions or
notifications received from an authorized City employee or electronic notice from the DTS program. lf the Tow
Operator receives verbal instructions or notifications from a City employee the Tow Operator must respond to
City, by 5.00 p.m. (PST) on the next business day.
12. Tow Operator Personnel
A.) Conduct
The Tow Operator shall perform the services required of it in an ethical, orderly manner, endeavoring to
obtain and keep the confidence of the public. At no time will the Tow Operator or its agent or any
employee of the Tow Operator exhibit any of the following behavior: rudeness, or othenivise being
uncooperative, argumentative, threatening, incompetent or acting in a dangerous manner with any City
employee, or with any member of the public. The City reserves the right to cancel an individual tow
assignment, if in the opinion of the City, the Tow Operator is acting in a rude, uncooperative,
argumentative, threatening, incompetent or dangerous manner. The City also reserves the right to cancel
an individual tow assignment if in the opinion of the City the Tow Operator is likely to damage the vehicle
for which the tow service was called. Other examples of unacceptable behavior include but are not limited
to: profanity, abusive language, disconnecting telephone calls for public inquiries regarding a tow,
threatening, aggressive, or assertive language, failure to provide timely information or documents in
response to a public or City inquiry, lack of respect to any City personnel or member of the public,
destruction or damaging of evidence, failure to comply with the reasonable request of a member of the
public, failure to release vehicle in a timely manner, failure to make appointment for release of vehrcle
during evening or weekend hours, failure to promptly be on site at time of appointment for release of
vehicle during evening or weekend hours, impeding an investigation or any other conduct which the City
deems unprofessional.
lf the Tow Operator is found to be in violation of this conduct clause, the City will cancel the Tow Operator
and request the next Tow Operator in rotation. Any such behavior as set forth above shall be considered
a material breach of this Agreement and may be grounds for immediate suspension or immediate
termination by the City, without penalty.
B.) PersonnelAppearance
Tow Operators shall be required to furnish their employees with a distinctive company uniform. Each
uniform shall have the firm's name, as well as the employee's name, in a conspicuous place. The tow
company's name and driver's first name shall be clearly visible at all times, meaning that protective or
inclement weather outer garments must meet this standard. Each employee shall have sufficient uniforms
so as to maintain a neat, clean appearance at all times. Minimum requirements for uniforms include a
shirt, long pants, and appropriate safety shoes. All drivers shall be in uniform before any towing or service
operation begins. No wording, designs, photos, gestures, or anything that could be considered offensive
or obscene to the general public shall be displayed by the Tow Operators or on any part of the uniform.
Dress standards are required in order to project a professional and positive image to the public.
All employees must be neat, clean and well groomed in appearance. ln order to ensure a professional
appearance, all tattoos must be concealed by operators while working. Personnel will be required to
conceal any tattoos with gloves, collars, long sleeves, or by other means acceptable to the City. Facial
tattoos of any variety are not permitted. No facial piercings shall be worn while on duty.
Drivers shall wear safety vests or reflectorized clothing that conforms to Occupational Safety and Health
Administration (OSHA) requirements. Alternatively, the OSHA safety requirements may be incorporated
into the uniform, jacket, or rain gear, as long as these items are worn as the outermost garment.
C.) UnlawfulActivity
The Tow Operator or it's employees shall not be involved, nor shall the Tow Operator or its employees
become involved in any agreement or activity whether verbal, written or conveyed in any other manner,
any activity or business venture which may be construed as unlawful. lf the City deems the involvement
to be unlawful, the City may immediately terminate this Agreement.
The Tow Operator shall not provide any direct or indirect commission, gift or any compensation to any
person or public or private entity, in consideration of arranging or requesting the services of a tow truck as
provided in section 12110 of the CVC.
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No Tow Operator will be involved or solicit any compensation of any kind including but not limited to
involvement with any other company or business that might result in income or consideration as a result of
any activity initiated by the City.
An example of such a prohibited involvement could include but is not limited to: financial reimbursement
by auto-body repair business for referrals, or towing directly from the scene of a collision to the auto-body
shop without prior unsolicited approval or request by the registered owner, driver or insurance company
representative of the damaged vehicle; kickback to or from a security company or homeowner's
association for "finding" or towing a vehicle from a location, whether private property, public, off street
parking facility or a public roadway. Violation of this provision shall be grounds for immediate termination
by City, without penalty.
D.) Personnel Licenses
Tow Operators providing services under this Agreement, including tow truck drivers, dispatchers and other
office personnel, will have sufficient knowledge, experience and capability to ensure safe and proper
discharge of their service responsibilities. lt will be the responsibility of the Tow Operator to ensure that all
of its personnel will be properly licensed in accordance with sections 12500, 12520, and 12804.9 of the
CVC. All tow truck drivers and tow truck operators shall be enrolled in the "Pull Notice" program as defined
in CVC section1808.1 et seq.. Drivers must complete a CHP approved Tow Operator Course every five
(5) years and copies of completion of the course shall be sent to the City. All Tow Operators and
personnel shall have no criminal record which would preclude them from being placed in a position of trust
while in the service of a law enforcement agency or any crime listed below under the heading of "Criminal
Record."
E.) Fingerprints
All owners and employees who have not previously submitted their "LiveScan" fingerprint samples shall
submit their "LiveScan" fingerprint samples, at their own expense, through the City prior to being awarded
this Agreement, for the purposes of verifying their criminal history with the Department of Justice.
Failure to provide information regarding the identity of the owner, employee, or anyone else with a
financial interest in the Tow Operator will result in termination of this Agreement The Tow Operator will
provide the City with information regarding any change in employee status immediately and update DTS
to reflect such changes. Failure to comply may result in further disciplinary action, and will be considered
a breach of this Agreement.
After execution of this Agreement, no person shall be employed by the Tow Operator or perform any
service under this Agreement until the background record check and "LiveScan" is completed and
approved by the City and said employee has received their identification badge from the City.
Notwithstanding the foregoing, Tow Operators and owners that have towed for the City under the previous
Tow Service Agreement and have completed a new background and "LiveScan" check will be allowed to
continue to tow for the City until such time as the results of the background and "LiveScan" submissions
are reviewed and approved by the City.
Any employee of the Tow Operator that has left employment with said Tow Operator and returned and
been rehired must complete an additional background check before performing services pursuant to this
Agreement
F.) Criminal Record
A conviction of anyone with a financial interest in the Tow Operator, or any employee of the Tow Operator,
including but not limited to any of the following offenses, may be cause for denial of application or
termination of this Agreement:
. Any crimes listed in California Penal Code section 290
¡ DU|-Within 5 years of the Date of Fingerprinting
. Vehicle theft. Fraud. Stolen Property
. Crimes of Violence. Any felony crime relating to narcotics or any controlled substance
. Any other crimes enumerated in CVC section 2432.3
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. Actively on parole or on any form of probation
. Crime of moralturpitude
. Sex, Arson, Narcotics Registrant. Other felony conviction
The City is not required to provide any reason, rationale or factual information in the event it elects to deny
application or remove any of Tow Operator's personnel from providing services for the City under this
Agreement. Tow driver or employee applicants denied under this section may appeal to the Chief of
Police or his/her designee. All decisions by the Chief of Police, or his/her designee, are final.
ln the event the Tow Operator or employee is convicted or is under investigation, the Tow Operator may
be given the opportunity to replace that employee without prejudice to the Agreement. Nothing shall
prohibit the City from removing, suspending or terminating the Agreement. lt will be the responsibility of
the Tow Operator to provide the City with updated information regarding any illegal activity, arrest(s) or
conviction of any Tow Operator and/or employee. For the purpose of this section, any conviction or plea
of guilty or nolo contendre, even to any lesser-included offense, are considered convictions. Failure to
provide information regarding the identity of the employee, or anyone else with a financial interest in the
Tow Operator will result in termination of the Agreement. Failure to provide information to the City of any
information regarding the conviction of any of the above crimes may also result in termination of the
Agreement.
G.) ldentificationBadges
Each tow truck driver or employee of the Tow Operator shall wear, in plain view an identification badge,
authorized and issued by the City to that employee, while on any call for service where the City is
involved. lf a tow truck driver responds to a scene without his authorized name badge, the tow truck
driver will be dismissed from the scene and the next Tow Operator in rotation will be called Failure to
carry an identification badge will be considered a violation as stated in Section 31, "Disciplinary Action," of
this Agreement. The purpose of these badges will be to identify those employees of the Tow Operator
who have been fingerprinted by the City and have passed the record check by the Department of Justice.
All identification badges are the property of the City and will be returned by the Tow Operator to the City
within forty-eight (48) hours of an employee's separation. Tow Operator will Brovide a current list of all
staff including drivers, dispatchers, etc. Anytime there are any changes to this list, the City is to be notified
by the next business day and provided with an updated and current list.
13. Tow Operator Licensinq and Gertification
All licensing and certifications required by Federal, State and local authorities shall be maintained current and
valid at all times as required in CVC sections: 34507.5,34600 et seq, 34620, and 1211 1, and sections 7231 et
seq, of the California Revenue and Taxation code. Failure to have any required license or certification, including
any driver who fails to have an appropriate class of license, may be grounds for immediate termination by City
without penalty.
14. Inspection
All real property and improvements thereon, and all vehicle facilities, equipment and materials used by the Tow
Operator in the performance of the services required herein shall be open to inspection by the City or its
authorized representative, and will be subject to no less than one annual inspection. Additional inspections may
be conducted without notice during normal business hours. lnspections may include, but are not limited to, all
books, accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose of auditing
or inspecting any aspect of performance directly related to this Agreement. ln the event that the City determines
that the real property and improvements thereon are insufficient, derelict or fail to meet the requirements as
called out in this Agreement, this Agreement may be terminated by City immediately, without penalty.
15. Vehicle and Equipment Requirements
Tow vehicles will be maintained in compliance with sections 24605, 25253, 25300, 27700 and 27907 of the
CVC. Tow vehicles will be of at least 14,000 lbs. GVWR with dual rear wheels, with the ability to tow two (2)
vehicles, or a vehicle and/or a trailer Tow vehicles must have two-way communication capabilities and the
ability to communicate and connect with the DTS System at all times. The Tow Operator shall have equipment
capable of towing from off-road areas, towing from underground facilities, and recovery services with an
adjustable boom with at least five tons of lifting capacity. ln addition to the conventional wheel lift towing
capabilities, the Tow Operator shall maintain at least one or more flatbed or rollback trucks with a minimum of
fifty (50) feet of cable, and the required safety equipment. Unless othenvise specified by the City, all Tow
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Operators shall respond to a tow service request with a flatbed or rollback truck as specified above. At the
discretion of the tow operator, a wrecker may be used to respond to a tow service request. lf for any reason the
Tow Operator is unable to complete the tow service request with the wrecker, the Tow Operator will not be
placed back on the top of the rotation list and a new Tow Operator will receive the tow service request.
A 3-axle or 25-ton truck is not required equipment. However, Tow Operators that possess this equipment will be
placed on a heavy-duty tow rotation list.
All trucks must have the required emergency lighting, portable stop and tail lamps, a broom, shovel, fire
extinguisher (rating 4-8, C), a utility light, reflective triangles, a large pry-bar, covered trash cans with approved
absorbent, rags, unlocking equipment, dollies (boom trucks), chains, and/or tie downs.
Wheel lift trucks will maintain at least 100 feet of cable and all safety equipment as required by the
manufacturer.
Tow vehicles must have a cable winch of sufficient size and capacity to retrieve vehicles that have gone off
traveled portions of roadways into inundated areas or other inaccessible locations. Winches must have visible
lD tags designating the model, make, serial number, and rated capacity.
All tow trucks used in City tows will be subject to a yearly inspection. This does not preclude the City from
conducting random inspections throughout the year
16. Vehicleldentification
Tow vehicles shall display identification signs in compliance with section 27907 of the CVC. The Tow Operator
shall not display any sign or advertising material that indicates that his tow vehicles are an official police service
of the City
17. Gharqes and Fees to be collected from Reqistered Owners
All rates and charges shall be conspicuously posted in the office and in all tow vehicles. These rates shall quote
complete charges and fees with no additional fees to be added at a later date. These rates will be available for
review by City personnel and/or the person for whom tow service is provided. All fees collected shall be itemized
and invoiced in DTS in accordance to section 22651 07 of the CVC. lt will be the Tow Operator's responsibility
to collect his bill for service, and the City will not be responsible in any way for these charges. Storage fees will
be calculated on the calendar day except the first 24-hours which is counted as a single day in accordance with
California Civil Code (CCC) 3068 I (see Attachment B). All fees listed on the DTS invoice will be received in the
form of major credit card, debit card, or cash. All fees collected, both City and Tow Operator fees, must be
invoiced through the DTS system prior to release and at the time of payment. No credit card fees will be
charged pursuant to CVC section 22651.1 and CCC section 1748.1 for any portion of the fees. The City
reserves the right to change all payment methods during the term of this agreement.
18. Lien Fees
At no time shall the City be charged a lien fee on a towed or impounded vehicle No lien shall be attached to
any vehicle that has been impounded by the City until after seventy-two (72) hours from the time of storage as
listed in the DTS system have passed pursuant to section 22851.12 of the CVC. All lien transactions must be
entered into the DTS system by Tow Operator. Vehicles sold at lien sale shall abide by all laws relating to lien
sales. A vehicle held in impound by the City for thirty (30) days, shall not be sold at lien until such time as is
considered reasonable to allow the registered owner time to pay for and pick up the vehicle before it is sold at
lien, but under no circumstances before the thirty-fifth (35'n) day after storage.
The Tow Operator shall abide by all applicable statutes and ordinances concerning disposal of unclaimed
vehicles, including but not necessarily limited to CVC sections 22670:22851,22851.1,228512,22851.3',
2285 1 .4, 22851 .6', 22851 .8; 2285 1 . 1 0, 2285 1 . 1 2 and 22852.5.
As described in CVC section 22856, liability for despoliation of evidence shall not arise against the Tow
Operator that sells any vehicle at, or disposes of any vehicle after, a lien sale, as long as the Tow Operator can
show written proof that he was notifìed in writing by the City that the vehicle would not be needed as evidence in
a legal action. This proof may exist in the form of an official release in the DTS System or any other written
conveyance signed by a member of the City prior to the official, written release of the vehicle.
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19. Reasonableness and Validitv of Fees
Fees charged to the registered owner or any other person for response to calls originating from the City shall be
reasonable and not in excess of those rates charged for similar services provided in response to requests
initiated by any other public agency or private person. During the term of this agreement, the City shall conduct
an annual review each December of towing and storage fees of comparable cities and adjust rates set forth in
Attachment B by the first week of January of the following year
20. Towinq Operation
All tows performed under this Agreement will be included in the flat rate charge as described in Attachment B
No additional charges shall be charged without prior approval from the City and written notice is provided in the
DTS System. Any unapproved charges received outside the DTS System will result in immediate termination of
this Agreement and removalfrom the rotation list.
The Tow Operator shall base towing charges upon the class of vehicle being towed regardless of the class of
the truck used, except when vehicle recovery operations require a larger class truck. The Tow Operator may
refer to the tow truck classes and weight ratings as defined by the Towing & Recovery Association of America
(TRAA) vehicle identification guide.
21. Service Gall Rotation and Fees
The City shall establish a separate rotation list for Tow Operators willing to respond to service requests (out of
gas, lockouts, tire changes, etc.) Rates for a service requests shall not exceed one-half the flat rate charge for a
light duty truck response.
22. Gate Fees
No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding State
recognized holidays as listed below:
New Year's Day
Martin Luther King Day
Presidents'Day
Cesar Chavez Day
Memorial Day
lndependence Day
Labor Day
Veterans'Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
An after hours gate fee may be charged at all other times. The gate fee is not to exceed fifty percent (50%) of
the flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal
property recovery that occurs outside normal business hours (excluding lien fees, storage fees, taxes, or other
additional fees.) The Tow Operator is responsible for assuring that proper gate fees are charged in accordance
with this section. Over charging gate fees will be considered a major violation as outlined in Section 30.
All towing and storage fees charged by the Tow Operator are the responsibility of the vehlcle's owner and are
not the responsibility of the City. The exception would be evidentiary impounds made at the direction of City
personnel.
23. Cancelled Tow
The City shall not be liable to pay the Tow Operator or anyone else any charge or other fee for a call that does
not result in a chargeable service being rendered by Tow Operator ("Dry Run"). The cancelled Tow Operator
shall be placed back on the top of the rotation list and will receive the next tow in rotation.
24. Towed in Error
ln the event the City determines that an error has occurred in impounding a vehicle, it shall be immediately
released to the registered owner without charge and the Tow Operator will be placed back on the top of the
rotation list and will receive the next tow in rotation. ln addition, the Tow Operator will be given one extra tows
on the rotation list. Additional extra tows may be given at the discretion of the Tow Unit
25. Release Fees
California law authorizes the recovery of funds required to enforce certain provisions of the CVC and promote
traffic safety on public roadways. This authorization falls under CVC section 22850.5 and further authorized by
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City resolutions. These resolutions are open to public view at the City and/or City offices and are on file with the
City's Traffic Bureau. The Tow Operator will collect fees on the behalf of the City from the registered owner,
legal owner or agent of an impounded car.
A City administrative / franchise fee will be charged for the release of a vehicle that has been impounded by the
City. Fees will be established by an independent consulting firm to determine the City's costs associated with
impounding vehicles in accordance with CVC sections22850.5 and 12110(b). All vehicles impounded will be
charged an administrative / franchise fee for the release of the vehicle. This fee will be established and attached
to each vehicle in the DTS System. The City's administrative fees will be collected at the time of the release by
the Tow Operator. The Tow Operator will pay the City's franchise fees equivalent to the City's administrative
fees for every vehicle that is not picked up by the owner or agent. The Tow Operator will pay the City's
administrative / franchise fees for every City vehicle that was towed during the preceding month and will pay the
City no later than 12:00 p.m. on the 15'n of the following month, regardless of the disposition of the vehicle. ln
the event that the l5th of the month falls on one of the State recognized holidays listed in Section 22 above, or a
weekend, the City's administrative/franchise fee must be paid by 12:00 p.m. on the following business day. Tow
Operators who fail to submit the City's administrative / franchise fees to the City by the 15'n day of each month
will be immediately suspended from rotation until all fees are received, and will be subject to appropriate
disciplinary action and civil recourse. The City will keep a strict accounting of these fees through the DTS
System and frequent audits will take place to ensure accurate and timely payment of collected City
administrative / franchise fees. The fee will be listed as an item on the owner's / agent's DTS contractor invoice.
26. UnauthorizedRelease
Unauthorized release of an impounded vehicle, accidental or othenryise, having evidentiary value, not officially
released by the City, and determined to be the fault of the Tow Operator, will result in the issuance of a major
violation as set forth in this Agreement. The determination of such fault will be the responsibility of the City.
27. Release of Multi-Dav lmpounds
A vehicle impounded with a multiple day hold may only be released prior to the impound period with written
authorization by the City in the DTS System. The DTS System will automatically schedule the release of an
impounded vehicle.
28. Release of Vehicles
Vehicles may only be released through the DTS System. Once the DTS System authorizes the release of a
stored or impounded vehicle, it is the Tow Operator's responsibility for the vehicle's release. The Tow Operator
is hereby granted authority to release to the registered owner, legal owner, or authorized representative,
pursuant to section 22850.3 of the CVC. At the time of release, the Tow Operator shall have the registered
owner, legal owner, or authorized representative taking possession of the vehicle sign a release indicating that
they are properly licensed and insured to drive a motor vehicle.
29. DisciplinarvAction
The Chief of Police, or his/her designee, shall take disciplinary action against Tow Operators for violations
investigated and sustained. Unless otheruvise noted, the Chief of Police, or his/her designee, will determine the
period of suspension and shall retain discretion regarding the length of any suspension imposed pursuant to the
terms and conditions of this Agreement. The City shall retain record of violations for at least the term of this
Agreement
30. Maior violations
Major violations include any chargeable offense under Federal, State, Local Law and significant violations of this
Agreement. Such violations shall result in suspension or immediate termination of this Agreement. The Chief of
Police, or his/her designee, reserves the right to impose longer periods of suspensions or immediate
termination, if deemed appropriate in his/her sole discretion The Chief of Police, or his/her designee, reserves
the right to remove a Tow Operator from the tow rotation during the investigation of a major violation. A
reinstatement from suspension for a major violation will result in a five hundred dollar ($500.00) fee. Suspension
will not be lifted until the reinstatement fee is received by the Chief of Police or his/her designee. ln addition, a
major violation may also result in the Tow Operator's employee being removed from participation in this
Agreement. Examples of major violations include, but are not limited to:
. Physical assault, against public and/or law enforcement. Verbal abuse against public and/or law enforcement
o Resisting arrest
. Tow Truck Driver under the influence of alcohol or illegal drugs
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. Charglng rates that exceed those listed in Attachment B¡ Vehicle released without authorization
. Unauthorized access to storage yard
r Theft
. Mishandling of vehicles stored as evidence. Unauthorized driver responding to call. Failure to provide information or change of status on any Tow Operator employee or staff. Substantiated private party impound complaints. Any Felony/Misdemeanor arrest. Refusal to take a rotational tow
. Failure to utilize the DTS System for all City towing related matters
. Repeated late or nonpayment of City franchise fees
. Failure to properly secure storage yard
¡ Failure to obey a lawful order by law enforcement
31. Minor violations
Minor violations will be given to the Tow Operator in the form of a documented warning for the first violation. The
second violation will be in the form of a documented reprimanded and a one hundred dollar ($100.00) fine.
Repeated minor violations during the term of the Agreement may be treated as a major violation, and the Tow
Operator will be suspended or terminated from this Agreement. A reinstatement from suspension will result in a
five hundred dollar ($500.00) fee. Suspension will not be lifted until the reinstatement fee is received by the
Chief of Police or his/her designee. Examples of minor violations include, but are not limited to:
. Late payment of City franchise fees. Tow truck drivers not wearing City issued l.D. cards/ proper uniform. Unauthorized arrival time in excess of thirty (30) minutes, or forty-five (45) minutes during peak hours. Repeated rejection of dispatched calls. Other violations of this Agreement not considered a major violation by the Chief of Police or his/her
designee. Unauthorizedride-a-long. Failure to respond to customers' needs
. Failure to maintain proper equipmento Failure to clean up at a collision scene
. Vehicle code infractions
32. Hearinq/Appeal
Tow Operator must have a legal existing interest in the tow operation or entitlement subject to the City order,
citation, decision or determination to have standing to appeal a decision by the Chief of Police or his/her
designee. An appeal that fails to identify the appellant's standing may be rejected as defective.
ln the event FPD serves Tow Operator with disciplinary action amounting to anything less than a suspension
resulting from a minor violation, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow Unit.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension for thirty (30) days or
less resulting from a minor or major violation, the Tow Operator may request a hearing within fifteen (15)
calendar days by submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow
Unit. Upon receipt of a written request for an appeal, and at the discretion of the Chief of Police, or his/her
designee, the Tow Operator may be allowed to continue rotational tows until the final disposition of the appellate
hearing.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension in excess of thirty (30)
days, or termination of the TSA, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Administrative Hearing Officer by way of the City Manager's Office. The
written appeal shall be in compliance with FMC sections 1-407 and 9-1712. Notwithstanding any provision
within Chapter 1, Article 4 of the FMC, any person who appeals a suspension in excess of thirty (30) days, or a
termination of the TSA shall not be entitled to placement on the Tow Rotation List or to participate in tows until
such time as any appeal hearing has been concluded and the Administrative Hearing Officer finds that no
grounds for a suspension in excess of thirty (30) days, or a termination of the TSA has been established. Tow
Operator's remedy shall be limited to reinstatement on the tow rotation list in such case and no other
compensation or consideration will be allowed.
-'18 -
ATTACHMENT B
TOW FEES
Flat price per vehicle per call:
Light Duty ToMFlatbed $ 184.00/Each
Medium Duty Tow $ Average CHP Rates Apply
Heavy Duty Tow $ Average CHP Rates Apply
Water Recovery: $ Average CHP Rates Apply
Technoloqy Fee:
DTS Software Fee per Vehicle Towed $ Charge listed in DTS Contract and DTS System
Storaqe Rates:
Passenger cars $ 45.00/per day
Motorcycles $ 45.00/per day
Trucks or Trailers $ Average CHP Rates Apply
lnside Storaqe Rates:
Passenger cars $ 55.00/per day
Motorcycles $ 55.00/per day
Trucks or Trailers $ Average CHP Rates Apply
Gate Fee: No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding
State recognized holidays as listed in the Agreement.
An after hours gate fee may be charged at all other times. The gate fee shall not exceed fifty percent (50%) of the
flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal property
recovery that occur outside normal business hours (excluding lien fees, storage fees, taxes, or other additional
fees).
Non{ow service calls (out of gas, lockouts, and flat tires) shall not exceed one-half the flat rate charge for a light
duty truck response.
Citv of Fresno Administrative / Franchise Fees:
Vehicle Collision Blocking a Roadway $ 60.00
lllegally Parked / Abandoned Vehicle $116.00
Unlicensed Driver / Expired Registration $189.00
Arrested / Suspended Driver $266.00
DUI Driver $450.00
AII fees listed on the DTS invoice will be received in the form of major credit card, debit card or cash. JVo
credit card fee will be charged pursuant to CVC section 22651.1 and CCC section 1748.1.
-19-
CITY OF FRESNO
NON-EXCLUSIVE FRANCHISE TOW AGREEMENT
FOR FRESNO POLICE DEPARTMENT
This Non-exclusive Franchise Tow Agreement (TSA) is entered rnto effect on the 28th day of December 2014 set
forth below, at Fresno, California, between the City of Fresno, a municipal corporation (City) and Fresno Budget
Towing, a California corporation (the Tow Operator).
This Agreement, including all attachments, contains rules and regulations that a tow company agrees to comply
with in order to participate in the tow operations of the City of Fresno Police Department (FPD). Participation in
the FPD Rotation Tow Program (Tow Program) is voluntary. Compliance with all of the terms and conditions of
the Agreement is mandatory for tow companies participating in the Tow Program. A Tow Operator, by agreeing
to participate in the Tow Program, is not acting as an agent for FPD or City when performing services under this
Agreement
1. Governinq Law and Venue
This Agreement shall be governed by, and construed enforced in accordance with, the laws of the State of
California excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue
for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any
rights and duties hereunder shall be the County of Fresno, California.
2. Entire Aqreement
This Agreement, its attachments and exhibits, when accepted by the Tow Operator either in writing or
commencement of performance hereunder, contains the entire Agreement between the parties with respect to
the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth
herein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by
City in writing.
3. Amendments
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the
parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties;
and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in
writing.
4. Assiqnment or Sub Contractinq
The terms, covenants, and conditions contained herein shall apply to the parties. Furthermore, neither the
performance of this Agreement nor any portion thereof may be assigned or subcontracted by Tow Operator
without the express written consent of City. Any attempt by ïow Operator to assign or subcontract the
performance or any portion of this Agreement without the express written consent of City shall be invalid and
shall constitute a breach of this Agreement.
5. Patent/Gopvriqht Materials/Proprietarv Infringement
Unless otherwise expressly provided in this Agreement, Tow Operator shall be solely responsible for obtaining a
license or other authorization to use any patented or'copyrighted materials in the performance of this
Agreement. Tow Operator warrants that any Software as modified through services provided hereunder will not
infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Tow Operator
agrees that, in accordance with the more specific requirement below, it shall indemnify, defend and hold City
and City lndemnitees harmless from any and all such claims and be responsible for payment of all costs,
damages, penalties and expenses related to or arising from such claim(s), including, but not limited to,
attorney's fees, costs and expenses
6. Non-Discrimination
ln the performance of this Agreement, Tow Operator agrees that it will comply with the requirements of section
1735 of the California Labor Code and not engage nor permit any Tow Operators to engage in discrimination in
employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, marital status, or sex of such persons. Tow Operator acknowledges that a
violation of this provision shall subject Tow Operator to all the penalties imposed for a violation of anti-
discrimination law or regulation, including but not limited to, section 1720 et seq. of the California Labor Code.
7. Termination
ln addition to any other remedies or rights it may have by law, City has the right to terminate this Agreementwithout penalty immediately with cause and either party may terminate aftei tnlrty (30) days writtðn noticewithout cause, unless othenrvise specified. Cause shall be defined as any breach oi ttr¡s Agreement or anymisrepresentation or fraud on the part of the Tow operator. Exercise by city of its right to terminate theAgreement shall relieve City of all further obligation.
8. Consent to Breach Not Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver orconsent shall be in writing and signed by the party claimed to have waived or consented. Any consent by anyparty to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiverof, or excuse for any other different or subsequent brear h.
9. Remedies Not Exclusive
The remedies for breach set forth in this Agreement are cumulative as to one another and as to any otherprovided by law, rather than exclusive; and the expression of certain remedies in this Agreement dóes notpreclude resort by either party to any other remedies provided by law.
10. lndependent Tow Operator
Tow Operator shall be considered an independent Tow Operator and neither Tow Operator, its employees noranyone working under Tow Operator shall be considered an agent or an employee of City Ñeit'her TowOperator, its employees nor anyone working under Tow Operator, shall qualify for workers' óomp"ns"tion orother fringe benefits of any kind through City.
11. Performance
Tow Operator shall perform all work under this Agreement, taking necessary steps and precautíons to performthe work to City's satisfaction. Tow Operator shall be responsible for ihe professional quality, technicalassurance, timely completion, and coordination of all do
Operator under this Agreement. Tow Operator shall:
workman-like manner; furnish all labor, supervision, m
therefore; at its sole expense obtain and maintain a
including those of City required in its governmental cap
permitted to subcontract, be fully responsible for all wor
12. lndemnification
A) Tow Operator shall indemnify, hold harmless and defend City and each of its officers, officiats,
employees, agents and authorized volunteers from any and all loss, liability, fines, penalties,
forfeítures, costs and damages (whether in contract, tort or strict liability, including but not'limìted topersonal injury, death at any time and pro
other person, and from any and all clai
attorney's fees and litigation expenses), ari
performance of this Agreement. Tow Op
apply regardless of whether City or any of
volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs ordamages caused solely by the gross negligence, or caused by the willful misconduct, of City or anyof its officers, officials, employees, agents or authorized volunteers.
B) lf Tow Operator should subcontract all or any portion of the work to be performed under thisAgreement, Tow Operator shall require each subcontractor to indemnify, hold harmless and defendCity and each of its officers, officials, employees, agents and authorizád volunteers in accordancewith the terms of the preceding paragraph.
C) This section shall survive termination or expiration of this Agreement.
13. lnsurance
A) Throughout the life of this Agreement, Tow Operator shall pay for and maintain in full force andeffect all policies of der with an insurance company(ies) either (i) admittedby the California ln do business in the State'of California anà rated notless than "A-Vf l" in Guide, or (ii) authorized by City's Risk Manager Thefollowing policies of insurance are required:
2
5)
B)
1) COMMERCIAL GENERAL LIABILITY insurance which shall be on the most current version of
lnsurance Services Office (lSO) Commercial General Liability Coverage Form CG 00 01 and
include insurance for "bodily injury," "property damage" and "personal and advertising injury"with coverage for premises and operations, products and completed operatioñs,
-anO
contractual liability (including, without limitation, indemnity obligations under the Agreement)
with limits of liability of not less than $1,000,000 peroccurrence for bodily injury anã property
damage, $1,000,000 per occurrence for personal and advertising injury-anO $Z,OOO,OOó
aggregate for products and completed operations and $2 000,000 general aggregate.
2) GARAGEKEEPERS LEGAL LIABILITY insurance which shall include coverage for vehicles in
the care, custody, and control of the Tow Operator with limits of liability of noiless than
$120,000 per occurrence for property damage.
3) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be on the most current
version of lnsurance Service Office (lSO) Business Auto Coverage Form CA 00 01, and
include coverage for all owned hired, and non-owned automobiles ór other licensed vehicles
(Code l- Any Auto) with limits of not less than $1,000,000 per accident for bodily injury andproperty damage.
4) ON-HOOIICARGO insurance which shall include coverage for vehicles in tow with limits of
liability based on the size of the tow truck, which are as follows:
a) ClassA/Btowtruck.... .......$120,000b) Class C tow truck. ... .. . .. $200,000c) Class D tow truck. $300,000
WORKERS' COMPENSATION insurance as required under the California Labor Code and
EMPLOYERS' LIABILITY insurance with minimum limits of $1,000,000 each accident, $i,000,000disease policy limit and $1,000,000 disease each emptoyee.
Tow Operator shall be responsible for payment of any deductibles contained in any insurancepolicies required hereunder and Tow Operator shall also be responsible for payment of any selt
insured retentions. Any deductibles or self-insured retentions must be declareó tó on the Certificateof lnsurance and approved by the City's Risk Manager or his/her designee. At the option of the
City's Risk Manager, or his/her designee, either:
1) The insurer shall reduce or elim¡nate such deductibles or self-insured retention as
respects city, its officers, officials, employees, agents and volunteers; or
2) Tow Operation shall provide a financial guarantee, satisfactory to City's Risk Manager, orhis/her designee, guaranteeing payment of losses and related investigations, -
claim
administration and defense expenses. At no time shall City be responsible for ihe payment of
any deductibles or self-insured retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30)
calendar days written notice in favor of City of policy cancellation, change or reduction of covérâge,
except for the Workers'Compensation policy which shall provide ten (10) calendar days written
notice of such cancellation, change or reduction of coverage. ln the event any policies are due toexpire during the term of this Agreement, Tow Operator shall provide a new certificate and allapplicable endorsements evidencing renewal of such policy prior to the expiration date of the
expiring policy(ies) to the Chief of Police, or his/her designee, and the City's Risk Division Uponissuance by the insurer, broker, or agent of a notice of cancellation, ðhange or reduction in
coverage, Tow Operator shall file with the Chief of Police, or his/her designee, ánd the City's Risk
Division, a new certificate and all applicable endorsements for such policy(ies).
The General Liability, Automobile Liability and Garagekeepers Legal Liabilíty insurance policies
shall be written on an occurrence form and shall name City, its officeis, officials, agents, employees
and volunteers as an additional insured. Such policy(ies) of insurance shall be ãndorsed so TowOperator's insurance shall be primary with respect to the City, its officers, officials, employees,
agents and authorized volunteers with no contribution required of City Any Workers' Compensation
insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents,
c)
D)
J
employees and author¡zed volunteers. Tow Operator shall have furnished City with the certificate(s)
and applicable endorsements for ALL required insurance prior to City's executlon of the Agreement.'
E) The fact that insurance is obtained by Tow Operator shall not be deemed to release or diminish the
liability of Tow Operator, including, without limitation, liability under the indemnity provisions of thisAgreement. City shall apply to all claims and liability regardless of whether any-insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of iñdemnification to beprovided by Tow Operator. Approval or purchase of any insurance contracts or policies shall in noway relieve from liability nor limit the liability of Tow Operator, its principals, officers, agents,employees, persons under the supervision of Tow Operator, vendors, suppliers, inv-itees,
consultants, sub-consultants, subcontractors, or anyone employed direcfly or indiiecfly by any of
them.
F) Upon furnish City with a complete copy of anyinsura g all endorsements, with'said copy'certified
by the iginal policy. This requirement sÉáll survive
expira
G) lf at any time during the life of the Agreement or any extension, Tow Operator fails to maintain therequired insurance in full force and effect, all work under this Agreement shall be discontinued
immediately until notice is received by City that the required insuiance has been restored to fullforce and effect and that the premiums therefore have been paid for a period satisfactory to City.Any failure to maintain the required insurance shall be sufficient cause for City to terminate thisAgreement.
H) ct all or any portion of the work to be performed, Tow Operator
to provide insurance protection in favor of the City, its officer,
uthorized volunteers in accordance with the terms of each of thepreceding paragraphs, except that the subcontractors certificates and endorsements shall be on filewith the Tow Operator and City prior to the commencement of any work by the subcontractor.
14. Bills and Liens
Tow Operator shall pay promptly all indebtedness for labor, materials, and equipment used in performance ofthe work. Tow Operator shall not permit any lien or charge to attach to the work or the premises, but if any doesso attach, Tow Operator shall promptly procure its release and indemnify, defend, aná f'o¡O City harmleés andbe responsible for payment of all costs, damages, penalties and expenses related to or arising from or related
thereto.
15. Chanqe of Control
Tow Operator agrees that if there is a change or transfer in ownership or control of the Tow Operator's businessprior to completion of this Agreement, unless such change or transfer is to "immediate family" as defined inFresno Municipal Code (FMC) section 3-101(e) and approved in writing by the Chief of pôlice, or his/herdesignee, this Agreement. This incjudes but is not limited to changes in:Corporate Treasurer, Trustees, or ownership interests. All chanles ortransfers t d by the Chief of Police, or his/her designee, prior to" suchchange or to remain on the tow services list. Finaliritten approval ordisapproval for the change or transfer in ownership or control will be given by the chief of police'or his/herdesignee. All "immediate family" members involved in the potential tranéfer and operation of the fow Opáiãtorshall be required to undergo a background check, review, and "Livescan" fingerprint screening. The ,,immediate
family" members involved in the change or transfer of ownership or control musi also possesé and keep currentall licensing certificates and insurance as required in this Agreement. The "immediate family" members who willoperate or othenvise be legally responsible for the Tow operator will be required to execute a new TSA.
A) Tow Operator owners shall be directly involved in the day{o-day operations of their
business and shall not be directly involved in the towing-related busiñess of any other tow
company on, or applicant for, the Tow Rotation List. Co-mingling of operations, business,
offices, board members, and finances is stricfly prohibited.
B) lf terminated or suspended, Tow Operator andlor its owner at the time of the suspension ortermination, stlall not be eligible for a rotation listing for the duration of the suspension ortermination. This section applies to the Tow Operator working in any capacity withìn any tow
4
business or operating any tow business and to the tow business even if operated under new
ownership.
C) Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow
Rotation List, excluding equipment which may be unavailable due to repairs or when there is a need
for equipment replacement and written approval is obtained from the Chief of Police or his/her
designee.
16. Force Maieure
Tow Operator shall not be in breach of this Agreement caused by any act of God, war, civil disorder,
employment strike or other cause beyond its reasonable control, provided Tow Operator gives written notice of
the cause of the delay to City within thirty-six (36) hours of the start of the delay and Tow Operator avails itself of
any available remedies.
17. Confidentialitv
Tow Operator agrees to maintain the confidentiality of all City and City-related records and information pursuant
to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term
of this Agreement All such records and information shall be considered confidential and kept confidential by
Tow Operator and Tow Operator's staff, agents and employees
18. Compliance with Laws
Tow Operator represents and warrants that services to be provìded under this Agreement shall fully comply, at
Tow Operator's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and
regulations, including, but not limited to those issued by City in its governmental capacity and all other laws
applicable to the services at the time services are provided to and accepted by City. Tow Operator
acknowledges that City is relying on Tow Operator to ensure such compliance (collectively Laws). Tow Operator
agrees that it shall defend, indemnify and hold City and City lndemnitees harmless from all liability, damages,
costs, and expenses arising from or related to a violation of Laws.
19. Pricinq
The Agreement price shall include full compensation for providing all required services in accordance with the
Scope of Work attached to this Agreement, and no additional compensation will be allowed therefore, unless
otherwise provided for in this Agreement. Tow Operator shall pay the City Franchise Fees as listed in
Attachment "8", or "City Administrative / Franchise Fees", ìn accordance with Parag raph 25 of Attachment "A".
20. Terms and Gonditions
Tow Operator acknowledges that the undersigned has read and agrees to all terms and conditions included in
this Agreement.
21. Severabilitv
lf any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired or invalidated thereby.
22. Calendar Davs
Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless
othenryise expressly provided.
23. Attornev Fees
lf either party is required to commence any proceeding or legal action to enforce any term, covenant or condition
of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other
party its reasonable Attorney's fees and legal expenses.
24. lnterpretation
This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in
the matters dealt with in this Agreement. ln addition, each party has been represented by experienced and
knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel
despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have
not been influenced to any extent whatsoever in executing this Agreement by any other party hereto or by any
person representing them, or both. Accordingly, any rule or law (including California Civil Code section 1654) or
legal decision that would require interpretation of any ambiguities in this Agreement against the party that has
5
drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable
manner to affect the purpose of the parties and this Agreement.
25. Authoritv
The parties to this Agreement represent and warrant that this Agreement has been duly authorízed and
executed and constitute the legally binding obligation of their respective organization or entity, enforceable in
accordance with its terms.
26. Emplovee EliqibilitvVerification
Tow Operator warrants that it fully complies with all Federal and State statutes and regulations regarding the
employment of aliens and others and that all its employees performing work under thiã Agreemenl meei the
citizenship or alien status requirement set forth in Federal statutes and regulations Tow Operator shall obtain,
from all employees performing work hereunder, all verification and other documentation of employment eligibility
status required by Federal or State statutes and regulations including, but not limited to, the lmmþration nèform
andControlActof 1986,8U.S.C Sl324etseq.,astheycurrentlyexistandastheymaybehereãfteramended
Tow Operator shall retain all such documentation for all covered employees for the period prescribed by the lawTow Operator shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its
agents, officers, and employees from employer sanctions and any other liability which may be assessed agãinst
Tow Operator or City or both in connection with any alleged violation of any Federai or State statuiês or
regulations pertaining to the eligibility for employment of any persons performing work under this Agreement.
27. Additional Terms and ConditionsA) Term of Agreement: This Agreement shall commence on December 28, 20j4, and shall be
effective for three (3) years from that date, unless othen¡vise terminated by City.
B) Fiscal Appropriations: This Agreement is subject to and contingent upon applicable budgetary
appropriations being made by the City for each year during the term of this Agreement. li such
appropriations are not forthcoming, the Agreement will be terminated without penalty. Tow
Operator acknowledges that funding or portions of funding for this Agreement may also be
contingent upon the receipt of funds from, and/or appropriation of funds by City. lf suðh funding
and/or appropriations are not forthcoming, or are othen¡vise limited, City may immediately terminate
or modify this Agreement without penalty.
C) Conflict of lnterest (Tow Operator): Tow Operator shall exercise reasonable care and diligence to
prevent any actions or conditions that result in a conflict with the best interest of City This
obligation shall apply to Tow Operator, Tow Operator's employees, agents, relatives, and third
parties associated with accomplishing the work hereunder. Tow Operator;s efforts shall include, butnot be limited to, establishing precautions to prevent its employees or agents from making,
receiving, providing, or offering gifts, entertainment, payments, loans, or other considerations which
could be deemed to appear to influence individuals to act contrary to the best interest of City
D) Tow Operator Work Hours and Safety Standards: Tow Operator shall ensure compliance with all
safety and hourly requirements for employees, in accordance with federal, state, and City safety
and health regulations and laws.
E) Orderly Termination: Upon termination or other expiration of this Agreement, each party shallpromptly return to the other party all papers, materials, and other properties of the other held by
each for purposes of execution of the Agreement. ln addition, each party will assist the other party
in orderly termination of this Agreement and the transfer of all aspects, tangible and intangible, as
may be necessary for the orderly, non-disruptive business continuation of each party.
F) Reprocurement Costs: ln the case of default by Tow Operator, City may procure the service from
other sources and, if the cost is higher, Tow Operator will be held responsible to pay City the
difference between the Agreement cost and the price paid. City may make reasonable efforts to
obtain the prevailing market price at the time such services are rendered. Tlíis is in addition to any
other remedies available under law.
G) Authorization Warranty: Tow Operator represents and warrants that the person executing this
Agreement on behalf of and for Tow Operator is an authorized agent who has actual authority to
bind Tow Operator to each and every term, condition, and obligation of this Agreement and thai all
requirements of Tow Operator have been fulfilled to provide such actual authority
6
28.
H) Notices. Any and all notices permitted or required to be given hereunder shall be deemed duly
given (1) upon actualdelivery, if delivery is by hand; or (2) upon delivery by the United States mail if
delivery is by postage paid registered or certified return receipt requested mail; or (3) through
electronic means such as, email or the Dispatch & Tracking Solutions Software System (DTS).
l) Data - Title to: All materials, documents, data or information obtained from City data files or any
City medium furnished to Tow Operator in the performance of this Agreement will at all times remaiñ
the property of City. Such data or information may not be used or copied for direct or indirect use
by Tow Operator after completion or termination of this Agreement without the express written
consent of City All materials, documents, data or information, including copies, must be returned to
City at the end of this Agreement.
J) Usage: No guarantee is given by City to Tow Operator regarding usage of this Agreement. Usage
figures, if provided, are approximate, based upon the last usage. Tow Operator agrees to suppty
services and/or commodities requested, as needed by City, at prices listed in the Agreemeni,
regardless of quantity requested.
K) Tow Operator's Records: Tow Operator shall keep true and accurate accounts, records, books
and data which shall correctly reflect the business transacted by Tow Operator in accordance with
generally accepted accounting principles These records shall be stored at the Tow Operators
principal place of business for a period of three (3) years after final payment is received Oy iity.
L) Audits/lnspections: Tow Operator agrees to permit City's authorized representative (including
auditors from a private auditing firm hired by City) access during normal working hours to all booksl
accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operatorfoithe purpose
of auditing or inspecting any aspect of performance under this Agreement. The inspection anOlor
audit will be confined to those matters connected with the performance of the Agreement including,
but not limited to, the costs of administering the Agreement City reserves thé right to audit anî
verify Tow Operator's records before or after final payment is made.
Tow Operator agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of records retention is stipulated under this ngreàmént or
by law. Tow Operator agrees to allow interviews of any employees or others who mighireasonably
have information related to such records. Further, Tow Operator agrees to include a similar right tó
City to audit records and interview staff of any sub-Tow Operator related to performance of th¡s
Agreement.
M) Should Tow Operator cease to exist as a legal entity, Tow Operator's records pertaining to this
Agreement shall be forwarded to the chief of police or his/her designee.
Disputes-Aqreement
A) The Parties shall deal in good faith and attempt to resolve potential disputes informally
1) Tow Operator shall submit to the Chief of Police, or his/her designee, a written demand for a
final decision regarding the disposition of any drspute between the parties arising under,
related to, or involving this Agreement, unless City, on its own initiative, has already rendered
such a final decision2) Tow Operator's written demand shall be fully supported by factual information, and, if such
demand involves a cost adjustment to the Agreement, Tow Operator shall include with the
demand a written statement signed by a senior official indicating that the demand is made ingood faith, that the supporting data are accurate and complete, and that the amount
requested accurately reflects the Agreement adjustment for which Tow Operator believes City
is liable.
B) Pending the final resolution of any dispute arising under, related to, or involving this Agreement,
Tow Operator agrees to diligently proceed with the performance of this Agreemeni. Tow ıperato/s
failure to diligently proceed shall be considered a material breach of this Agreement.
C) Any final decision of City shall be expressly identified as such, shall be in writing, and shall be
signed by the City Hearing Administrative Officer, or Chief of Police, or his/her designee, as
applicable. lf City fails to render a decision within ninety (90) days after receipt of Tow Oþerator's
-7 -
demand, it shall be deemed a final decision adverse to Tow Operator's contentions City's final
decision shall be conclusive and binding regarding the dispute unless Tow Operator comr"nces
action in a court of competent jurisdiction.
29. Breach of Aqreement
The failure of the Tow Operator to comply with any of the provrsrons, covenants or conditions of this Agreement
shall be a material breach of this Agreement ln such eventthe City may, and in addition to any otheriemedies
available at law, in equity, or othenruise specified in this Agreement, undertake any of the individual actions or
any combination of the following actions.
1) Afford the Tow Operator written notice of the breach and ten calendar days or such
shofter time that may be specified in this Agreement within which to cure the
breach;
2) Suspend and/or remove Tow Operator from the rotation;
3) Terminate the Agreement immediately, without any penalty.
*lf a corporation or limited liability company, the document must be signed by two corporate officers. The first signaturemust be either the Chairman of the Board, President, or any Vice President. The second signature must be thesecretary, an assistant secretary, the Chief Financial Officer, or any assistant treasurers. ln the ãlternative, a singlesignature is acceptable when accompanied by a corporate document demonstrating the legal authority of i-hesignature to bind the company.
CITY OF FRESNO,
A municipal
By
By:
APPROVED
DOUGLAS T
TO FORM
SLOAN
City
ATTEST:
WONNE SPENCE, CMC
City Clerk
Date:
Date:
Dare. tz/zzftU
The Parties hereto have executed this Agreement
I
ATTACHMENT A
SCOPE OF WORK
1. Scope of Work
Tow Operator shall perform the towing, and storage of vehicles as directed by the City, and in addition, suchother services as provided in this Scope of Work, and shall provide necessary storage facility, tow veh¡cles,labor, materials equipment, machinery, and tools. The Tow Operator shall óomply witn alt
'State laws and
regulations, applicable to tow units and impound, towing, storage, selling or junking of vehicles. Tow operators
must follow all guidelines set forth by equipment manufactures recommendations ai to their use and care of alltowing related equipment. All permits and licensing fees as specified under California Vehicle Code (CVC)
sections 34620 through 34624 shall be in fullforce and effect at alltimes during this Agreement. Any violaiion of
this section will be considered a material breach of the Agreement and may result in immediate termination of
this Agreement
2. Towinq Services and Duties
It shall be the duty of the Tow Operator, when so directed by the City, to provide prompt tow service for vehicles
which are taken into custody by the City. This includes vehicles involved in collisions or disabled by any other
cause, abandoned in public places or on private property. Vehicles impounded for evidence, impeding the flowof traffic, or which for any other reason, are within the jurisdiction of the FpD. As required by iaw, Tow
Operators are to remove from the street all debris resulting from said collisions and to clean ihe immediate areaof such street (CVC section 27700(a)(1)\ lt shall also be the duty to provide for the safety and security of thosevehicles and the contents thereof. These duties are inherent to the job and are to be inclúded in the piice of the
basic tow bill
The tow truck operator shall provide a business card to the registered owner or driver for the vehicle beingtowed. The business card shall contain the name, address and phone number of the tow company as well asthe link to the vehicle search system in DTS as follows: .findmytow.com
Tow truck operators andior drivers will not be permitted to drive an impounded or recovered stolen vehicle orvehicle intended for storage from a FPD rotation call or special operation. Any exceptions must be at the
direction of the FPD officer in charge of the scene and should be limited to reposiiioning the vehicle to allow for
towing.
The City has designated two (2) tow companies for evidence impound tows and no other rotation tow company
shall maintain custody over these vehicles at any time. lf an officer impounds a vehicle for evidence and a non-preference rotational tow is dispatched, it is the responsibility of the tow driver to verify with the officer on scene
as to whether a vehicle is to be held for evidence. lf it is determined that the vehicle is to be held for evidence,the tow driver must immediately notify the officer on scene that the company is not authorized to handleevidence impounds and an evidence tow company shall be dispatched Tow Operator shall then contact theTow Unit on the same business day, or within the next business day if such tow occurs after regular business
hours. Acceptance of an evidence tow by a non-designated evidence tow company will result in disciplinary
action and full financial responsibility for all tow and storage fees for each violation.
lf terminated or suspended, Tow Operator and/or owner at the time of the suspension or termination, shall not
be eligible for a rotation listing for the duration of the suspension or termination This provision applies to theTow Operator working in any capacity within any tow business or operating any tow business and'to the tow
business even if operated under new ownership.
Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow Rotation List,excluding equipment which may be unavailable due to repairs or when there is a need for equipment
replacement and written notice has been obtained from FpD.
3. Special Operations
FPD conducts special operations coordinated through the Traffic Bureau throughout the year that requires tow
companies at the location of the special operation. Tow companies on the Tow Rotation List that are in good
standing with FPD may be invited to participate in these operations, provided they are willing to remain witñ tne
special operation until its conclusion and forfeit any rotational tow calls (FPD, California Hignway patrol, or
other) received during the duration of the operation. "Good standing" shall mean that Tow Operator has not
violated, or is not in violation of the terms of this Agreement, the provisions of the FMC, State, or Federal law,
All special operations tows will be subject to the provisions of this Agreement. Tow Operator shall respond to a
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special operation with a flatbed tow truck with the capability of towing (2) vehicles. No ride alongs will be allowed
on any special operations unless the ride along is the Tow Owner or a Tow Driver who is in training and has
been approved by FPD
4. Siqnaqe and hours of Operation
The storage yard or business office shall have a sign that clearly identifies it to the public as a towing service.
The sign shall have letters that are clearly visible to the public from the street and must be visible at night All
storage facilities must be accessible to City personnel twenty-four (24) hours per day and seven (7) days per
week. The Tow Operator will provide customer service twenty-four (24) hours per day and seven (7) days per
week for the release of vehicles.
Tow Operator shall provide at least one person at a call station to respond and release vehicles within thirty (30)
minutes. Tow Operator shall maintain all signage required pursuant to CVC sections 22850.3 and22651.07
and include an after-hours contact phone number for Tow Operator.
5. Response Time
Tow Operator shall respond to calls twenty-four (24) hours a day, seven (7) days a week, within the maximum
response time limits as established by the Chief of Police or his/her designee. A reasonable response time is
thirty (30) minutes or less, except during peak hours of 7;00 a m. to g:00 a m. and 4:00 p.m. to 6:00 p.m ,
(Monday through Friday), when the required response time will be extended to forty-five (45) minutes or less.
Tow Operator shall respond with a tow truck of the class required to tow the vehicle specified by the DTS
System.
6. Non-Response
The Tow Operator shall update the DTS System at the time of dispatch to a tow rotation request lf the Tow
Operator is either unable to respond or unable to meet the maximum response time, the tow operator shall
immediately update the DTS System accordingly. lf, after accepting the call, the Tow Operator is unable to
respond or will be delayed in responding, the Tow Operator shall immediately update the DTS system
accordingly.
To decline or refuse to respond will be considered a non-response. Each non-response will be immediately
documented in the DTS System. Each non-response will be logged by the DTS System and reviewed by the
City. lf the fault for the non-response is attributed to other than the Tow Operator, the Tow Operator will be
placed back in the rotational list and called at the next opportunity in line.
One such breach, determined to be the fault of the Tow Operator, will be grounds for written reprimand which
may be subsequent to a meeting between the Tow Operator and the City. A second breach may be grounds for
a (30) thirty-day suspension of this Agreement. A third violation will be considered a material breach of the
Agreement and may result in immediate termination of this Agreement
ln the case of suspension or termination, all vehicles then in storage at the tlme of the suspension or termination
remain protected under this Agreement as City's impounds and the Tow Operator is so bound The City will
have the option to remove and/or transfer stored vehicles.
When a Tow Operator will be temporarily unavailable to provide services due to preplanned/scheduled activity,
such as a vacation, maintenance, medical leave, etc., the Tow Operator will notify City in writing via the DTS
system at least forty-eight (48) hours in advance. City reserves the right to deny these requests to maintain
adequate service levels for tow operations. Failure to notify the City will be considered a non-response and a
material breach of this agreement.
7. StoraqeResponsibilities
It shall be the duty of the Tow Operator to provide impound and other storage service for all vehicles as directed
by the City The Tow Operator shall be responsible for all vehicles, accessories and equipment thereon and all
personal property therein stored by Tow Operator. lt shall be the Tow Operators' duty to protect such stored
vehicles, accessories, equipment, and property against all loss or damage by fire, theft or other causes. The
Tow Operator will have available for review by City personnel, all permits and proof of compliance to all local
zoning, special use, conditional use and special requirements, laws and regulation. lt is the responsibility of the
Tow Operator to ensure vehicles are stored in a secured facility.
8. Size and Location of Storaqe Facilitv
The tow yard shall be located within the City of Fresno's "Metropolitan Area." Metropolitan area is defined as
within the borders of Copper Avenue to the north, American Avenue to the south, DeWolf Avenue to the east,
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and Chateau Fresno to the west. Tow Operator shall be responsible for the security of vehicles and property atthe place of storage. At a minimum, a six (6) foot fence or enclosed secured area is required ior'outsidestorage A minimum of 5,000 square feet, or room for twenty (20) vehicles, shall be provided. All tow yards
located with the City of Fresno shall be in compliance with the FMC, current Directors Class #208 and shall
follow the current Development and Resource Management Department's Policy and Procedure C-002. lf the
tow facility is located outside the City of Fresno, the tow operator is required to provide written proof that theyard is in compliance with the authorizing jurisdiction. Tow Operator is responsible for the reasonable care,
custody, and control of any property contained in towed or stored vehicles. The storage facility and business
office will be located at the primary storage yard and shall be maintained in a functiónal, clean and orderlyfashion The facility shall have a telephone, on-site fax machine and the necessary computer equipment toproperly run DTS software and to send and receive email.
ln the event of criminal activity at a storage facility, the City may require the Tow Operator to take measures toassist in preventing such crimes. These measures could include, but are not limited to: the yard being
illuminated during darkness, with security type lighting, to such a degree that visual observation oi the entireyard may be accomplished at all times, improved fencing and/or security patrols.
All vehicles stored or impounded as a result of a tow ordered by the City shall be towed direc¡y to a towing
service storage lot unless the City, or in the case of a citizen's assist, a person legally in charge of the vehicle-,
requests that it be taken to some other location.
All vehicles towed as a result of action taken by the City will be stored at the Tow Operator's principal place of
business unless directed othenvise by the City's Tow Coordinator. Vehicles stored at an auxiliary storage facility
will be considered a breach of this Agreement. The Tow Operator shall not remove personal-propeñy from a
stored vehicle. lf the registered owner removes personal property from a stored vehicle, the Tow Opeiator willmaintain documentation of such and will require a signed receipt from the registered owner for property
released. The Tow Operator shall immediately notify the City if any contraOañ6, weapons or hazardous
materials are found in the vehicle(s).
9. Enclosed Facilitv
The Tow Operator may maintain, without charge to the City or any other person, separate and enclosed garage
facilities no less than '1,000 square feet of clean working space The facility must be constructed to inc-lude aroof and at least four walls of substantial design to withstand the elements and protect the vehicles from theweather The facility should have a concrete floor and sufficient lighting. This inside facility must be located atthe Tow Operator's primary storage yard This inside facility is not required to qualify foi tne City's rotation
however, when inside storage is requested for a particular vehicle, the next Tow Opeiator in line meeting the
needs of the City's request will be used.
10. DTS Requirements
Tow Operator shall utilize the most recent, updated and upgraded DTS software program, to dispatch and track,
via a web-based lnternet connection. Tow Operators will be required to enter the towed vehicle information as
instructed by the City. At no time will a vehicle be released, subject to lien, or junked from impound without all
required data fields being entered into the DTS system by the Tow Operator. The Tow Opeiator shall clearly
identify and enter into DTS the name of the person to whom the vehicle was actually released. All City tow
requests shall be made utilizing this program. Failure at any time to have the DTS program in full operation shallcause the immediate removal of the Tow Operator from the tow rotation and bè grounds for immediate
termination by City. Tow Operator must enter into a separate agreement, or license for the DTS software
program with the owner of that proprietary software. The City shall not provide the DTS software program, any
licensing or sub-licensing thereof or any intermediary services for the procurement by Tow Operator of tne OIS
software program. This Agreement shall not be execut, d by the City until Tow Operator has demonstrated tothe City's satisfaction compliance with the requirements set forth herein. Tow Operator shall be liable for all
fees, charges, prices, rates and service charges required from DTS. DTS shall be utilized in "real time" and all
entries should reflect as such lnvoices shall be used from DTS when releasing vehicles and be pursuant to
section 22651.07 of the CVC. The only Tow Operator personnel authorized to utilize and access DTb are those
that have fully complied with the provisions set forth in Section 12, "Tow Operator Personnel" of this Agreement.lf the Tow Operator is not in FULL compliance with the above stated requirement, the Tow Operai-or will be
removed from ln the event that DTS fails to provide software services, or the City electsto utilize a ne e Tow Operator will be required to use the replacement towing sbft*aresystem. lf tha to DTS in this Agreement shall instead be interpreted as refereñces to the
new software program.
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11. Official Notification bv Citv Reqardinq Tow
Official notification by City regarding tow services is considered any form of written, email, verbal instructions or
notifications received from an authorized City employee or electronic notice from the DTS program. lf the Tow
Operator receives verbal instructions or notifications from a City employee the Tow Operator must respond to
City, by 5:00 p.m. (PST) on the next business day
12. Tow Operator Personnel
A ) Conduct
The Tow Operator shall perform the services required of it in an ethical, orderly manner, endeavoring to
obtain and keep the confidence of the public. At no time will the Tow Operator or its agent or ãny
employee of the Tow Operator exhibit any of the following behavior: rudeness, or otherwise being
uncooperative, argumentative, threatening, incompetent or acting in a dangerous manner with any City
employee, or with any member of the public The City reserves the right to cancel an individual tow
assignment, if in the opinion of the City, the Tow Operator is acting in a rude, uncooperative,
argumentative, threatening, incompetent or dangerous manner. The City also reserves the right to cancel
an individual tow assignment if in the opinion of the City the Tow Operator is likely to damagã the vehicle
for which the tow service was called Other examples of unacceptable behavior include but ãre not limitedto: profanity, abusive language, disconnecting telephone calls for public inquiries regarding a tow,
threatening, aggressive, or assertive language, failure to provide timely information or documents in
response to a public or City inquiry, lack of respect to any City personnel or member of the public,
destruction or damaging of evidence, failure to comply with the reasonable request of a member of the
public, failure to release vehicle in a timely manner, failure to make appointment for release of vehicle
during evening or weekend hours, failure to promptly be on site at time of appointment for release of
vehicle during evening or weekend hours, impeding an investigation or any other conduct which the City
deems unprofessional.
lf the Tow Operator is found to be in violation of this conduct clause, the City will cancel the Tow Operator
and request the next Tow Operator in rotation. Any such behavior as set forth above shall be considereda material breach of this Agreement and may be grounds for immediate suspension or immediate
termination by the City, without penalty.
B.) PersonnelAppearance
Tow Operators shall be required to furnish their employees with a distinctive company uniform. Each
uniform shall have the firm's name, as well as the employee's name, in a conspicuous place. The tow
company's name and driver's first name shall be clearly visible at all times, meaning that protective or
inclement weather outer garments must meet this standard. Each employee shall have sufficient uniforms
so as to maintain a neat, clean appearance at all times. Minimum requirements for uniforms include a
shirt, long pants, and appropriate safety shoes. All drivers shall be in uniform before any towing or service
operation begins No wording, designs, photos, gestures, or anything that could be considered offensive
or obscene to the general public shall be displayed by the Tow Operators or on any part of the uniform
Dress standards are required in order to project a professional and positive image to the public
All employees must be neat, clean and well groomed in appearance. ln order to ensure a professional
appearance, all tattoos must be concealed by operators while working. Personnel will be required to
conceal any tattoos with gloves, collars, long sleeves, or by other means acceptable to the City Facial
tattoos of any vartety are not permitted. No facial piercings shall be worn while on duty.
Drivers shall wear safety vests or reflectorized clothing that conforms to Occupational Safety and Health
Adminístration (OSHA) requirements. Alternatively, the OSHA safety requirements may be incorporated
into the uniform, jacket, or rain gear, as long as these items are worn as the outermost garment.
C.) UnlawfulActivity
The Tow Operator or it's employees shall not be involved, nor shall the Tow Operator or its employees
become involved in any agreement or activity whether verbal, written or conveyed in any other manner,
any activity or business venture which may be construed as unlawful. lf the City deems the involvement
to be unlawful, the City may immediately terminate this Agreement.
The Tow Operator shall not provide any direct or indirect commission, gift or any compensation to any
person or public or private entity, in consideration of arranging or requesting the services of a tow truck as
provided in section 12110 of the CVC.
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No Tow Operator will be involved or solicit any compensation of any kind including but not limited to
involvement with any other company or business that might result in income or consideration as a result of
any activity initiated by the City.
An example of such a prohibited involvement could include but is not limited to: financial reimbursement
by auto-body repair business for referrals, or towing directly from the scene of a collision to the auto-body
shop without prior unsolicited approval or request by the registered owner, driver or insurance company
representative of the damaged vehicle; kickback to or from a security company or homeowner's
association for "finding" or towing a vehicle from a location, whether private property, public, off street
parking facility or a public roadway. Violation of this provision shall be grounds for immediate termination
by City, without penalty.
D.) Personnel Licenses
Tow Operators providing services under this Agreement, including tow truck drivers, dispatchers and other
office personnel, will have sufficient knowledge, experience and capability to ensure safe and proper
discharge of their service responsibilities lt will be the responsibility of the Tow Operator to ensure that all
of its personnel will be properly licensed in accordance with sections 12500, 12520, and 12804 9 of the
CVC. All tow truck drivers and tow truck operators shall be enrolled in the "Pull Notice" program as defined
in CVC section1808.1 et seq.. Drivers must complete a CHP approved Tow Operator Course every five
(5) years and copies of completion of the course shall be sent to the City. All Tow Operators and
personnel shall have no criminal record which would preclude them from being placed in a position of trust
while in the service of a law enforcement agency or any crime listed below under the heading of "Criminal
Record."
E ) Fingerprints
All owners and employees who have not previously submitted their "LiveScan" fingerprint samples shall
submit their "LiveScan" fingerprint samples, at their own expense, through the City prior to being awarded
this Agreement, for the purposes of verifying their criminal history with the Department of Justice
Failure to provide information regarding the identity of the owner, employee, or anyone else with a
financial interest in the Tow Operator will result in termination of this Agreement. The Tow Operator will
provide the City with information regarding any change in employee status immediately and update DTS
to reflect such changes Failure to comply may result in further disciplinary action, and will be considered
a breach of this Agreement
After execution of this Agreement, no person shall be employed by the Tow Operator or perform any
service under this Agreement until the background record check and "LiveScan" is completed and
approved by the City and said employee has received their identification badge from the City
Notwithstanding the foregoing, Tow Operators and owners that have towed for the City under the previous
Tow Service Agreement and have completed a new background and "LiveScan" check will be allowed to
continue to tow for the City until such time as the results of the background and "LiveScan" submissions
are reviewed and approved by the City.
Any employee of the Tow Operator that has left employment with said Tow Operator and returned and
been rehired must complete an additional background check before performing services pursuant to this
Agreement
F.) Criminal Record
A conviction of anyone with a financial interest in the Tow Operator, or any employee of the Tow Operator,
including but not limited to any of the following offenses, may be cause for denial of application or
termination of this Agreement.
. Any crimes listed in California Penal Code section 290. DUI-Within 5 years of the Date of Fingerprinting. Vehicle theft. Fraud. Stolen Property. Crimes of Violence. Any felony crime relating to narcotics or any controlled substance. Any other crimes enumerated in CVC section 2432 3
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. Actively on parole or on any form of probation. Crime of moral turpitude. Sex, Arson, Narcotics Registrant. Other felony conviction
The City is not required to provide any reason, rationale or factual information in the event it elects to deny
application or remove any of Tow Operator's personnel from providing services for the City under this
Agreement. Tow driver or employee applicants denied under this section may appeal to the Chief of
Police or hisiher designee. All decisions by the Chief of Police, or his/her designee, are final.
ln the event the Tow Operator or employee is convicted or is under investigation, the Tow Operator may
be given the opportunity to replace that employee without prejudice to the Agreement. Nothing shall
prohibit the City from removing, suspending or terminating the Agreement. lt will be the responsibility of
the Tow Operator to provide the City with updated information regarding any illegal activity, arrest(s) or
conviction of any Tow Operator and/or employee. For the purpose of this section, any conviction or plea
of guilty or nolo contendre, even to any lesser-included offense, are considered convictions Failure to
provide information regarding the identity of the employee, or anyone else with a financial interest in the
Tow Operator will result in termination of the Agreement. Failure to provide information to the City of any
information regarding the conviction of any of the above crimes may also result in termination of the
Agreement.
G ) ldentification Badges
Each tow truck driver or employee of the Tow Operator shall wear, in plain view an identification badge,
authorized and issued by the City to that employee, while on any call for service where the City is
involved. lf a tow truck driver responds to a scene without his authorized name badge, the tow truck
driver wifl be dismissed from the scene and the next Tow Operator in rotation will be called. Failure to
carry an identification badge will be considered a violation as stated in Section 31, "Disciplinary Action," of
this Agreement. The purpose of these badges will be to identify those employees of the Tow Operator
who have been fingerprinted by the City and have passed the record check by the Department of Justice.
All identification badges are the property of the City and will be returned by the Tow Operator to the City
within forty-eight (48) hours of an employee's separation Tow Operator will provide a current list of all
staff including drivers, dispatchers, etc. Anytime there are any changes to this list, the City is to be notified
by the next business day and provided with an updated and current list.
13. Tow Operator Licensinq and Certification
All licensing and certifications required by Federal, State and local authorities shall be maintained current and
valid at all times as req uired in CVC sections: 34507.5, 34600 et seq, 34620, and 1211 1 , and sections 7231 eI
seq, of the California Revenue and Taxation code. Failure to have any required license or certification, including
any driver who fails to have an appropriate class of license, may be grounds for immediate termination by City
without penalty.
14. lnspection
All real property and improvements thereon, and all vehicle facilities, equipment and materials used by the Tow
Operator in the performance of the services required herein shall be open to inspection by the City or its
authorized representative, and will be subject to no less than one annual inspection Additional inspections may
be conducted without notice during normal business hours lnspections may include, but are not limited to, all
books, accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose of auditing
or inspecting any aspect of performance directly related to this Agreement ln the event that the City determines
that the real property and improvements thereon are insufficient, derelict or fail to meet the requirements as
called out in this Agreement, this Agreement may be terminated by City immediately, without penalty.
15. Vehicle and Equipment Requirements
Tow vehicles will be maintained in compliance with sections 24605, 25253,25300, 27700 and 27907 of the
CVC. Tow vehicles will be of at least 14,000 lbs. GVWR with dual rear wheels, with the ability to tow two (2)
vehicles, or a vehicle and/or a trailer. Tow vehicles must have two-way communication capabilities and the
ability to communicate and connect with the DTS System at all times. The Tow Operator shall have equipment
capable of towing from off-road areas, towing from underground facilities, and recovery services with an
adjustable boom with at least five tons of lifting capacity. ln addition to the conventional wheel lift towing
capabilities, the Tow Operator shall maintain at least one or more flatbed or rollback trucks with a minimum of
fifty (50) feet of cable, and the required safety equipment. Unless otherwise specified by the City, all Tow
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Operators shall respond to a tow service request with a flatbed or rollback truck as specified above. At the
discretion of the tow operator, a wrecker may be used to respond to a tow service request. lf for any reason the
Tow Operator is unable to complete the tow service request with the wrecker, the Tow Operator will not be
placed back on the top of the rotation list and a new Tow Operator will receive the tow service request
A 3-axle or 25-ton truck is not required equipment However, Tow Operators that possess this equipment will be
placed on a heavy-duty tow rotation list
All trucks must have the required emergency lighting, portable stop and tail lamps, a broom, shovel, fire
extinguisher (rating 4-8, C), a utility light, reflective triangles, a large pry-bar, covered trash cans with approved
absorbent, rags, unlocking equipment, dollies (boom trucks), chains, and/or tie downs.
Wheel lift trucks will maintain at least 100 feet of cable and all safety equipment as required by the
manufacturer.
Tow vehicles must have a cable winch of sufficient size and capacity to retrieve vehicles that have gone off
traveled portions of roadways into inundated areas or other inaccessible locations Winches must havé visible
lD tags designating the model, make, serial number, and rated capacity.
All tow trucks used in City tows will be subject to a yearly inspection. This does not preclude the City from
conducting random inspections throughout the year.
16. Vehicleldentification
Tow vehicles shall display identification signs in compliance with section 27907 of the CVC The Tow Operator
shall not display any sign or advertising material that indicates that his tow vehicles are an official police service
of the City.
17. Gharqes and Fees to be collected from Reqistered Owners
All rates and charges shall be conspicuously posted in the office and in all tow vehicles. These rates shall quote
complete charges and fees with no additional fees to be added at a later date. These rates will be availabÈ for
review by City personnel and/or the person for whom tow service is provided. All fees collected shall be itemized
and invoiced in DTS in accordance to section 22651.07 of the CVC. lt will be the Tow Operator's responsibility
to collect his bill for service, and the City will not be responsible in any way for these charges. Storage fees will
be calculated on the calendar day except the first 24-hours which is counted as a single day in accordance with
California Civil Code (CCC) 3068.1 (see Attachment B). All fees listed on the DTS invoice witl be received in the
form of major credit card, debit card, or cash. All fees collected, both City and Tow Operator fees, must be
invoiced through the DTS system prior to release and at the time of payment No credit card fees will be
charged pursuant to CVC section 22651.1 and CCC section 1748.1 for any portion of the fees. The City
reserves the right to change all payment methods during the term of this agreement.
18. Lien Fees
At no time shafl the City be charged a lien fee on a towed or impounded vehicle. No lien shall be attached to
any vehicle that has been impounded by the City until after seventy-two (72) hours from the time of storage aslistedintheDTSsystemhavepassedpursuanttosection22Ssl.l2oftheCVC. All lientransactionsmultbe
entered into the DTS system by Tow Operator Vehicles sold at lien sale shall abide by all laws relating to lien
sales. A vehicle held in impound by the City for thirty (30) days, shall not be sold at lien until such time as is
considered reasonable to allow the registered owner time to pay for and pick up the vehicle before it is sold at
lien, but under no circumstances before the thirty-fifth (3S'") day after storage.
The Tow Operator shall abide by all applicable statutes and ordinances concerning disposal of unclaimed
vehicles, including but not necessarily limited to CVC sections 22670,22851;22851 1,22851.2:22851.3.,
22851 .4', 22851 .6, 22851 .8; 22851 .10 , 22851 .12 and 22852.5.
As described in CVC section 22856, liability for despoliation of evidence shall not arise against the Tow
Operator that sells any vehicle at, or disposes of any vehicle after, a lien sale, as long as the Tow Operator can
show written proof that he was notified in writing by the City that the vehicle would not be needed as evidence ina legal action. This proof may exist in the form of an official release in the DTS System or any other written
conveyance signed by a member of the City prior to the official, written release of the vehicle.
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19. Reasonableness and Validitv of Fees
Fees charged to the registered owner or any other person for response to calls originating from the City shall be
reasonable and not in excess of those rates charged for similar services provided in response to requests
initiated by any other public agency or private person. During the term of this agreement, the City shall conduct
an annual review each December of towing and storage fees of comparable cities and adjust raies set forth in
Attachment B by the first week of January of the following year
20. Towinq Operation
All tows performed under this Agreement will be included in the flat rate charge as described in Attachment B
No additional charges shall be charged without prior approval from the City and written notice is provided in the
DTS System. Any unapproved charges received outside the DTS System will result in immediate termination of
this Agreement and removal from the rotation list.
The Tow Operator shall base towing charges upon the class of vehicle being towed regardless of the class of
the truck used, except when vehicle recovery operations require a larger class truck. The Tow Operator may
refer to the tow truck classes and weight ratings as defined by the Towing & Recovery Association of America
(TRAA) vehicle identification guide
21. Service Call Rotation and Fees
The City shall establish a separate rotation list for Tow Operators willing to respond to service requests (out ofgas, lockouts, tire changes, etc.) Rates for a service requests shall not exceed one-half the flat rate charge for a
light duty truck response.
22. Gate Fees
No gate fees may be charged between 8:00 a.m through 5:00 p.m. Monday through Friday, excluding State
recognized holidays as listed below:
New Year's Day
Martin Luther King Day
Presidents'Day
Cesar Chavez Day
Memorial Day
lndependence Day
Labor Day
Veterans'Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
An after hours gate fee may be charged at all other times. The gate fee is not to exceed fifty percent (S0%) of
the flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal
property recovery that occurs outside normal business hours (excluding lien fees, storage fees, taxes, or other
additional fees.) The Tow Operator is responsible for assuring that proper gate fees areìharged in accordance
with this section. Over charging gate fees will be considered a major violation as ouflined in Seition 30.
All towing and storage fees charged by the Tow Operator are the responsibility of the vehicle's owner and are
not the responsibility of the City. The exception would be evidentiary impounds made at the direction of City
personnel
23. Gancelled Tow
The City shall not be liable to pay the Tow Operator or anyone else any charge or other fee for a call that does
not result in a chargeable service being rendered by Tow Operator ("Dry Run"). The cancelled Tow Operator
shall be placed back on the top of the rotation list and will receive the next tow in rotation.
24. Towed in Error
ln the event the City determines that an error has occurred in impounding a vehicle, it shall be immediately
released to the registered owner without charge and the Tow Operator will be placed back on the top of the
rotation list and will receive the next tow in rotation. ln ¿ddition, the Tow Operator will be given one extra tows
on the rotation list. Additional extra tows may be given at the discretion of the Tow Unit.
25. Release Fees
Californía law authorizes the recovery of funds required to enforce certain provisions of the CVC and promote
traffic safety on public roadways. This authorization falls under CVC section 22850.5 and further authorized by
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City resolutions These resolutions are open to public view at the City and/or City offices and are on file with the
City's Traffic Bureau. The Tow Operator will collect fees on the behalf of the City from the registered owner,
legal owner or agent of an impounded car.
A City administrative / franchise fee will be charged for the release of a vehicle that has been impounded by the
City. Fees will be established by an independent consulting firm to determine the City's costs associated with
impounding vehicles in accordance with CVC sections 228505 and 12110(b) All vehicles impounded will be
charged an administrative / franchise fee for the release of the vehicle. This fee will be established and attached
to each vehicle in the DTS System. The City's administrative fees will be collected at the time of the release by
the Tow Operator. The Tow Operator will pay the City's franchise fees equivalent to the City's administrative
fees for every vehicle that is not picked up by the owner or agent. The Tow Operator will pay the City's
administrative / franchise fees for every.City vehicle that was towed during the preceding month and will pay the
City no later than 12;00 p.m. on the 15"'of the following month, regardless of the disposition of the vehicÈ. ln
the event that the 15'n of the month falls on one of the State recognized holidays listed in Section 22 above, or a
weekend, the City's administrative/franchise fee must be paid by 12.00 p.m. on the followinq business dav. Tow
Operators who fail to submit the City's administrative / franchise fees to the City by the '1Sh day of each month
will be immediately suspended from rotation until all fees are received, and will be subject to appropriate
disciplinary action and civil recourse The City will keep a strict accounting of these fees through the DTS
System and frequent audits will take place to ensure accurate and timely payment of collected City
administrative / franchise fees. The fee will be listed as an item on the owner's / agent's DTS contractor invoice
26. UnauthorizedRelease
Unauthorized release of an impounded vehicle, accidental or otherwise, having evidentiary value, not officially
released by the City, and determined to be the fault of the Tow Operator, will result in the issuance of a major
violation as set forth in this Agreement. The determination of such fault will be the responsibility of the City.
27. Release of Multi-Dav lmpounds
A vehicle impounded with a multiple day hold may only be released prior to the impound period with written
authorization by the City in the DTS System. The DTS System will automatically schedule the release of an
impounded vehicle.
28. Release of Vehicles
Vehicles may only be released through the DTS System. Once the DTS System authorizes the release of a
stored or impoundgd vehicle, it is the Tow Operator's responsibility for the vehicle's release The Tow Operatoris hereby granted authority to release to the registered owner, legal owner, or authorized representative,
pursuant to section 22850.3 of the CVC At the time of release, the Tow Operator shall have the registered
owner, legal owner, or authorized representative taking possession of the vehicle sign a release indicatìng that
they are properly licensed and insured to drive a motor vehicle.
29. DisciplinarvAction
The Chief of Police, or his/her designee, shall take disciplinary action against Tow Operators for violations
investigated and sustained. Unless otherwise noted, the Chief of Police, or his/her designee, will determine the
period of suspension and shall retain discretion regarding the length of any suspension imposed pursuant to the
terms and conditions of this Agreement. The City shall retain record of violations for at least the term of this
Agreement.
30. Maior violations
Major violations include any chargeable offense under Federal, State, Local Law and significant violations of this
Agreement. Such violations shall result in suspension or immediate termination of this Agreement The Chief of
Police, or his/her designee, reseryes the right to impose longer periods of suspensions or immediate
termination, if deemed appropriate in his/her sole discretion. The Chief of Police, or his/her designee, reserves
the right to remove a Tow Operator from the tow rotation during the investigation of a major violation A
reinstatement from suspension for a major violation will result in a five hundred dollar (9500.00) fee. Suspension
will not be lifted until the reinstatement fee is received by the Chief of Police or his/her designee. ln addition, a
major violation may also result in the Tow Operator's employee being removed from participation in this
Agreement. Examples of major violations include, but are not limited to:
. Physical assault, against public and/or law enforcement. Verbal abuse against public and/or law enforcement. Resisting arrest. Tow Truck Driver under the influence of alcohol or illegal drugs
-17-
. Charg¡ng rates that exceed those listed in Attachment B
. Vehicle released without authorization
. Unauthorized access to storage yard
. Theft
. Mishandling of vehicles stored as evidence
. Unauthorized driver responding to call
o Failure to provide information or change of status on any Tow Operator employee or staff
o Substantiated private pafty impound complaints
. Any Felony/Misdemeanor arrest. Refusalto take a rotational tow
. Failure to utilize the DTS System for all City towing related matters
. Repeated late or nonpayment of City franchise fees
o Failure to properly secure storage yard
. Failure to obey a lawful order by law enforcement
31. Minor violations
Minor violations will be given to the Tow Operator in the form of a documented warning for the first violation. The
second violation will be in the form of a documented reprimanded and a one hundred dollar ($100.00) fine.
Repeated minor violations during the term of the Agreement may be treated as a major violation, and the Tow
Operator will be suspended or terminated from this Agreement. A reinstatement from suspension will result in a
five hundred dollar ($500.00) fee. Suspension will not be lifted until the reinstatement fee is received by the
Chief of Police or his/her designee. Examples of minor violations include, but are not limited to:
. Late payment of City franchise fees. Tow truck drivers not wearing City issued l.D. cards/ proper uniform
. Unauthorized arrival time in excess of thirty (30) minutes, or forty-five (45) minutes during peak hours
. Repeated rejection of dispatched calls
. Other violations of this Agreement not considered a major violation by the Chief of Police or his/her
designee. Unauthorizedride-a-long. Failure to respond to customers' needs
. Failure to maintain proper equipment. Failure to clean up at a collision scene
. Vehicle code infractions
32. Hearinq/Appeal
Tow Operator must have a legal existing interest in the tow operation or entitlement subject to the City order,
citation, decision or determination to have standing to appeal a decision by the Chief of Police or his/her
designee. An appeal that fails to identify the appellant s standing may be rejected as defective.
ln the event FPD serves Tow Operator with disciplinary action amounting to anythlng less than a suspension
resulting from a minor violation, the Tow Operator may request a hearing within fifteen ('15) calendar days by
submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow Unit.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension for thirty (30) days or
less resulting from a minor or major violation, the Tow Operator may request a hearing within fifteen (15)
calendar days by submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow
Unit Upon receipt of a written request for an appeal, and at the discretion of the Chief of Police, or his/her
designee, the Tow Operator may be allowed to continue rotational tows until the final disposition of the appellate
hearing
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension in excess of thirty (30)
days, or termination of the TSA, the Tow Operator may request a hearing within fifteen ('15) calendar days by
submitting an appeal in writing to the Administrative Hearing Officer by way of the City Manager's Office. The
written appeal shall be in compliance with FMCsections 1-407 and 9-1712 Notwithstanding any provision
within Chapter 1, Article 4 of the FMC, any person who appeals a suspension in excess of thirty (30) days, or a
termination of the TSA shall not be entitled to placement on the Tow Rotation List or to participate in tows until
such time as any appeal hearing has been concluded and the Administrative Hearing Officer finds that no
grounds for a suspension in excess of thirty (30) days, or a termination of the TSA has been established. Tow
Operator's remedy shall be limited to reinstatement on the tow rotation list in such case and no other
compensation or consideration will be allowed.
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ATTACHMENT B
TOW FEES
Flat price per vehicle per call:
Light Duty Tow/Flatbed $ 184.00/Each
Medium Duty Tow $ Average CHP Rates Apply
Heavy Duty Tow $ Average CHP Rates Apply
f
Water Recovery: $ Average CHP Rates Apply
Technoloqv Fee: i
DTS Software Fee per Vehicle Towed $ Charge listed in DTS Contract and DTS System
Storage Rates.
Passenger cars $ 45.00/per dayMotorcycles $ 45.00/per day
Trucks or Trailers $ Average CHP Rates Apply
lnside Storaqe Rates:
Passenger cars $ 55.00/per dayMotorcycles $ 55.00/per day
Trucks or Trailers $ Average CHP Rates Apply
Gate Fee: No gate fees may be charged between 8.00 a.m. through 5:00 p.m. Monday through Friday, excluding
State recognized holidays as listed in the Agreement.
An after hours gate fee may be charged at all other times The gate fee shall not exceed fifty percent (50%) of the
flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal property
recovery that occur outside normal business hours (excluding lien fees, storage fees, taxes, or other additional
fees).
Non{ow service calls (out of gas, lockouts, and flat tires) shall not exceed one-half the flat rate charge for a light
duty truck response.
City of Fresno Administrative / Franchise Fees:
Vehicle Collision Blocking a Roadway $ 60.00
lllegally Parked / Abandoned Vehicle $116.00
Unlicensed Driver / Expired Registration $189.00
Arrested / Suspended Driver $266.00
DUI Driver $450.00
AII fees lísted on the DTS invoice will be received in the form of major credit card, debit card or cash. tVo
credit card fee will be charged pursuant to CVC section 22651.1 and CCC section 1748.1.
-19-
C¡TY OF FRESNO
NON-EXCLUSIVE FRANCHISE TOW AGREEMENT
FOR FRESNO POLICE DEPARTMENT
This Non-exclusive Franchise Tow Agreement (TSA) is entered into effect on the 28th day of December 2014 set
forth below at Fresno, California, between the City of Fresno, a municipal corporation (City) and Frontier Auto, a
sole proprietorship (the Tow Operator).
This Agreement, including all attachments, contains rules and regulations that a tow company agrees to comply
with in order to participate in the tow operations of the City of Fresno Police Department (FPD) Participation in
the FPD Rotation Tow Program (Tow Program) is voluntary. Compliance with all of the terms and conditions of
the Agreement is mandatory for tow companies participating in the Tow Program. A Tow Operator, by agreeing
to participate in the Tow Program, is not acting as an agent for FPD or City when performing services under this
Agreement
1. Governinq Law and Venue
This Agreement shall be governed by, and construed enforced in accordance with, the laws of the State of
California excluding, however, any conflict of laws rule which would apply the law of another jurisdiction Venue
for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any
rights and duties hereunder shall be the County of Fresno, California.
2. Entire Aqreement
This Agreement, its attachments and exhibits, when accepted by the Tow Operator either in writing or
commencement of performance hereunder, contains the entire Agreement between the parties with respect to
the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth
herein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by
City in writing.
3. Amendments
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the
parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties;
and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in
writing.
4. Assiqnment or Sub Gontractinq
The terms, covenants, and conditions contained herein shall apply to the parties. Furthermore, neither the
performance of this Agreement nor any portion thereof may be assigned or subcontracted by Tow Operator
without the express written consent of City. Any attempt by Tow Operator to assign or subcontract the
performance or any portion of this Agreement without the express written consent of City shall be invalid and
shall constitute a breach of this Agreement.
5. PatenUCopvriqht Materials/Proprietarv lnfrinqement
Unless otheruvise expressly provided in this Agreement, Tow Operator shall be solely responsible for obtaining a
license or other authorization to use any patented or copyrighted materials in the performance of this
Agreement. Tow Operator warrants that any Software as modified through services provided hereunder will not
infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Tow Operator
agrees that, in accordance with the more specific requirement below, it shall indemnify, defend and hold City
and City lndemnitees harmless from any and all such claims and be responsible for payment of all costs,
damages, penalties and expenses related to or arising from such claim(s), including, but not limited to,
attorney's fees, costs and expenses.
6. Non-Discrimination
ln the performance of this Agreement, Tow Operator agrees that it will comply with the requirements of section
1735 of the California Labor Code and not engage nor permit any Tow Operators to engage in discrimination in
employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, marital status, or sex of such persons. Tow Operator acknowledges that a
violation of this provision shall subject Tow Operator to all the penalties imposed for a violation of anti-
discrimination law or regulation, including but not limited to, section 1720 et seq. of the California Labor Code.
1
7. Termination
ln addition to any other remedies or rights it may have by law, City has the right to terminate this Agreement
without penalty immediately with cause and either party may terminate after thirty (30) days written notice
without cause, unless otherwise specified. Cause shall be defined as any breach of this Agreement or any
misrepresentation or fraud on the part of the Tow Operator. Exercise by City of its right to terminate the
Agreement shall relieve City of all further obligation.
8. Consent to Breach Not Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or
consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any
party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver
of, or excuse for any other different or subsequent breach.
9. Remedies Not Exclusive
The remedies for breach set forth in this Agreement are cumulative as to one another and as to any other
provided by law, rather than exclusive; and the expression of certain remedies in this Agreement does not
preclude resort by either party to any other remedies provided by law.
10. lndependent Tow Ooerator
Tow Operator shall be considered an independent Tow Operator and neither Tow Operator, its employees nor
anyone working under Tow Operator shall be considered an agent or an employee of City. Neither Tow
Operator, its employees nor anyone working under Tow Operator, shall qualify for workers' compensation or
other fringe benefits of any kind through City.
11. Performance
Tow Operator shall perform all work under this Agreement, taking necessary steps and precautions to perform
the work to City's satisfaction. Tow Operator shall be responsible for the professional quality, technical
assurance, timely completion, and coordination of all documentation and other goods/services furnished by Tow
Operator under this Agreement. Tow Operator shall: perform all work diligently, carefully, and in a good and
workman-like manner; furnish all labor, supervision, machinery, equipment, materials, and supplies necessary
therefore; at its sole expense obtain and maintain all permits and licenses required by public authorities,
including those of City required in its governmental capacity, in connection with performance of the work; and, if
permitted to subcontract, be fully responsible for all work performed by sub-Tow Operators.
12. Indemnification
A) Tow Operator shall indemnify, hold harmless and defend City and each of its officers, officials,
employees, agents and authorized volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to
personal injury, death at any time and property damage) incurred by City, Tow Operator, or any
other person, and from any and all claims, demands and actions in law or equity (including
attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirec¡y out of
performance of this Agreement. Tow Operator's obligations under the preceding sentence shall
apply regardless of whether City or any of its officers, officials, employees, agents or authorized
volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or
damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any
of its officers, officials, employees, agents or authorized volunteers.
B) lf Tow Operator should subcontract all or any portion of the work to be performed under this
Agreement, Tow Operator shall require each subcontractor to indemnify, hold harmless and defend
City and each of its officers, officials, employees, agents and authorized volunteers in accordance
with the terms of the preceding paragraph.
C) This section shall survive termination or expiration of this Agreement.
13. lnsurance
A) Throughout the life of this Agreement, Tow Operator shall pay for and maintain in full force and
effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted
by the California lnsurance Commissioner to do business in the State of California and rated not
less than "A-Vll' in Best's lnsurance Rating Guide, or (ii) authorized by City's Risk Manager. The
following policies of insurance are required:
2
5)
B)
1) COMMERCIAL GENERAL LIABILITY insurance which shall be on the most current version of
lnsurance Services Office (lSO) Commercial General Liability Coverage Form CG 00 01 and
include insurance for "bodily injury," "property damage" and "personal and advertising injury"
with coverage for premises and operations, products and completed operations, and
contractual liability (including, without limitation, indemnity obligations under the Agreement)
with limits of liability of not less than $1,000,000 per occurrence for bodily injury and property
damage, $1,000,000 per occurrence for personal and advertising injury and $2,000,000
aggregate for products and completed operations and $2,000,000 general aggregate
2) GARAGEKEEPERS LEGAL LIABILITY insurance which shall include coverage for vehicles in
the care, custody, and control of the Tow Operator with limits of liability of not less than
$120,000 per occurrence for property damage.
3) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be on the most current
version of lnsurance Service Office (lSO) Business Auto Coverage Form CA 00 01, and
include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles
(Code 1- Any Auto) with limits of not less than $1,000,000 per accident for bodily injury and
property damage.
4) ON-HOOI(CARGO insurance which shall include coverage for vehicles in tow with limits of
liability based on the size of the tow truck, which are as follows:
a) Class AJB tow truck. .........$120,000
b) Class C tow truck.. ... ... ... $200,000c) Class D tow truck... $300,000
WORKERS' COMPENSATION insurance as required under the California Labor Code and
EMPLOYERS'LIABILITY insurance with minimum limits of $1,000,000 each accident, $1,000,000
disease policy limit and $1,000,000 disease each employee.
Tow Operator shall be responsible for payment of any deductibles contained in any insurance
policies required hereunder and Tow Operator shall also be responsible for payment of any self-
insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate
of lnsurance and approved by the City's Risk Manager or his/her designee. At the option of the
City's Risk Manager, or his/her designee, either:
1) The insurer shall reduce or eliminate such deductibles or self-insured retention as
respects City, its officers, officials, employees, agents and volunteers; or
2) Tow Operation shall provide a financial guarantee, satisfactory to City's Risk Manager, or
his/her designee, guaranteeing payment of losses and related investigations, claim
administration and defense expenses. At no time shall City be responsible for the payment of
any deductibles or self-insured retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30)
calendar days written notice in favor of City of policy cancellation, change or reduction of coverage,
except for the Workers'Compensation policy which shall provide ten (10) calendar days written
notice of such cancellation, change or reduction of coverage. ln the event any policies are due to
expire during the term of this Agreement, Tow Operator shall provrde a new certificate and all
applicable endorsements evidencing renewal of such policy prior to the expiration date of the
expiring policy(ies) to the Chief of Police, or his/her designee, and the City's Risk Division Upon
issuance by the insurer, broker, or agent of a notice of cancellation, change or reduction in
coverage, Tow Operator shall file with the Chief of Police, or his/her designee, and the City's Risk
Division, a new certificate and all applicable endorsements for such policy(ies).
The General Liability, Automobile Liability and Garagekeepers Legal Liability insurance policies
shall be written on an occurrence form and shall name City, its officers, officials, agents, employees
and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Tow
Operator's insurance shall be primary with respect to the City, its officers, officials, employees,
agents and authorized volunteers with no contribution required of City. Any Workers' Compensation
insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents,
c)
D)
3
employees and authorized volunteers. Tow Operator shall have furnished City with the certificate(s)
and applicable endorsements for ALL required insurance prior to City's execution of the Agreement.
E) The fact that insurance is obtained by Tow Operator shall not be deemed to release or diminish the
liability of Tow Operator, including, without limitation, liability under the indemnity provisions of this
Agreement. City shall apply to all claims and liability regardless of whether any insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by Tow Operator. Approval or purchase of any insurance contracts or policies shall in no
way relieve from liability nor limit the liability of Tow Operator, its principals, offìcers, agents,
employees, persons under the supervision of Tow Operator, vendors, suppliers, invitees,
consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of
them.
F) Upon request of City, Tow Operator shall immediately furnish City with a complete copy of any
insurance policy required under this Agreement, including all endorsements, with said copy certified
by the underwriter to be a true and correct copy of the original policy This requirement shall survive
expiration or termination of this Agreement.
G) lf at any time during the life of the Agreement or any extension, Tow Operator fails to maintain the
required insurance in full force and effect, all work under this Agreement shall be discontinued
immediately until notice is received by City that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory to City.
Any failure to maintain the required insurance shall be sufficient cause for City to terminate this
Agreement.
H) lf Tow Operator should subcontract all or any portion of the work to be performed, Tow Operator
shall require each subcontractor to provide insurance protection in favor of the City, its officer,
officials, employees, agents and authorized volunteers in accordance with the terms of each of the
preceding paragraphs, except that the subcontractors certificates and endorsements shall be on file
with the Tow Operator and City prior to the commencement of any work by the subcontractor
14. Bills and Liens
Tow Operator shall pay promptly all indebtedness for labor, materials, and equipment used in performance of
the work. Tow Operator shall not permit any lien or charge to attach to the work or the premises, but if any does
so attach, Tow Operator shall promptly procure its release and indemnify, defend, and hold City harmless and
be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related
thereto.
15. Chanqe of Control
Tow Operator agrees that if there is a change or transfer in ownership or control of the Tow Operator's business
prior to completion of this Agreement, unless such change or transfer is to "immediate family" as defined in
Fresno Municipal Code (FMC) section 3-101(e) and approved in writing by the Chief of Police, or his/her
designee, such change or transfer shall terminate this Agreement. This includes but is not limited to changes in:
Corporate Board Members, Managers, Directors, Treasurer, Trustees, or ownership interests. All changes or
transfers to "immediate family" must be approved by the Chief of Police, or his/her designee, prior to such
change or transfer in order for the Tow Operator to remain on the tow services list Final written approval or
disapproval for the change or transfer in ownership or control will be given by the Chief of Police or his/her
designee. All "immediate family" members involved in the potential transfer and operation of the Tow Operator
shall be required to undergo a background check, review, and "Livescan" fìngerprint screening. The "immediate
family" members involved in the change or transfer of ownership or control must also possess and keep current
all licensing certificates and insurance as required in this Agreement. The "immediate family" members who will
operate or otherwise be legally responsible for the Tow Operator will be required to execute a new TSA
A) Tow Operator owners shall be directly involved in the day-to-day operations of their
business and shall not be directly involved in the towing-related business of any other tow
company on, or applicant for, the Tow Rotation List. Co-mingling of operations, business,
offices, board members, and finances is strictly prohibited.
B) lf terminated or suspended, Tow Operator and/or its owner at the time of the suspension or
termination, shall not be eligible for a rotation listing for the duration of the suspension or
termination. This section applies to the Tow Operator working in any capacity within any tow
4
business or operating any tow business and to the tow business even if operated under new
ownershrp.
C) Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow
Rotation List, excluding equipment which may be unavailable due to repairs or when there is a need
for equipment replacement and written approval is obtained from the Chief of Police or his/her
designee.
16. Force Maieure
Tow Operator shall not be in breach of this Agreement caused by any act of God, war, civil disorder,
employment strike or other cause beyond its reasonable control, provided Tow Operator gives written notice of
the cause of the delay to City within thirty-six (36) hours of the start of the delay and Tow Operator avails itself of
any available remedies.
17. Confidentialitv
Tow Operator agrees to maintain the confidentiality of all City and City-related records and information pursuant
to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term
of this Agreement. All such records and information shall be considered confidential and kept confidential by
Tow Operator and Tow Operator's staff, agents and employees.
18. Compliance with Laws
Tow Operator represents and warrants that services to be provided under this Agreement shall fully comply, at
Tow Operator's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and
regulations, including, but not limited to those issued by City in its governmental capacity and all other laws
applicable to the services at the time services are provided to and accepted by City. Tow Operator
acknowledges that City is relying on Tow Operator to ensure such compliance (collectively Laws). Tow Operator
agrees that it shall defend, indemnify and hold City and City lndemnitees harmless from all liability, damages,
costs, and expenses arising from or related to a violation of Laws.
19. Pricinq
The Agreement price shall include full compensation for providing all required services in accordance with the
Scope of Work attached to this Agreement, and no additional compensation will be allowed therefore unless
otherwise provided for in this Agreement. Tow Operator shall pay the City Franchise Fees as listed in
Attachment "8", or "City Administrative / Franchise Fees", in accordance with Paragraph 25 of Attachment "4".
20. Terms and Conditions
Tow Operator acknowledges that the undersigned has read and agrees to all terms and conditions included in
this Agreement.
21. Severabilitv
lf any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired or invalidated thereby.
22. Calendar Davs
Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless
otherwise expressly provided.
23. Attornev Fees
lf either party is required to commence any proceeding or legal action to enforce any term, covenant or condition
of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other
party its reasonable Attorney's fees and legalexpenses.
24. lnterpretation
This Agreement has been negotiated at arm's length and between persons sophistícated and knowledgeable in
the matters dealt with in this Agreement. ln addition, each party has been represented by experienced and
knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel
despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have
not been influenced to any extent whatsoever in executing this Agreement by any other party hereto or by any
person representing them, or both. Accordingly, any rule or law (including California Civil Code section 1654)or
legal decision that would require interpretation of any ambiguities in this Agreement against the party that has
5
drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable
manner to affect the purpose of the parties and this Agreement.
25. Authoritv
The parties to this Agreement represent and warrant that this Agreement has been duly authorized and
executed and constitute the legally binding obligation of their respective organization or entity, enforceable in
accordance with its terms.
26. Emplovee Eliqibilitv Verification
Tow Operator warrants that it fully complies with all Federal and State statutes and regulations regarding the
employment of aliens and others and that all its employees performing work under this Agreement meet the
citizenship or alien status requirement set forth in Federal statutes and regulations. Tow Operator shall obtain,
from all employees performing work hereunder, all verification and other documentation of employment eligibility
status required by Federal or State statutes and regulations including, but not limited to, the lmmigration Reform
and Control Act of 1986, I U.S.C. 51324 et seq., as they currently exist and as they may be hereafter amended.
Tow Operator shall retain all such documentation for all covered employees for the period prescribed by the law.
Tow Operator shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its
agents, officers, and employees from employer sanctions and any other liability which may be assessed against
Tow Operator or City or both in connection with any alleged violation of any Federal or State statutes or
regulations pertaining to the eligibility for employment of any persons performing work under this Agreement.
27. Additional Terms and Conditions
A) Term of Agreement: This Agreement shall commence on December 28, 2014, and shall be
effective for three (3) years from that date, unless otheruvise terminated by City.
B) Fiscal Appropriations: This Agreement is subject to and contingent upon applicable budgetary
appropriations being made by the City for each year during the term of this Agreement. lf such
appropriations are not forthcoming, the Agreement will be terminated without penalty. Tow
Operator acknowledges that funding or portions of funding for this Agreement may also be
contingent upon the receipt of funds from, and/or appropriation of funds by City lf such funding
and/or appropriations are not forthcoming, or are othenvise limited, City may immediately terminate
or modify this Agreement without penalty.
C) Conflict of lnterest (Tow Operator): Tow Operator shall exercise reasonable care and diligence to
prevent any actions or conditions that result in a conflict with the best interest of City This
obligation shall apply to Tow Operator, Tow Operator's employees, agents, relatives, and third
parties associated with accomplishing the work hereunder. Tow Operator's efforts shall include, but
not be limited to, establishing precautions to prevent its employees or agents from making,
receiving, providing, or offering gifts, entertainment, payments, loans, or other considerations which
could be deemed to appear to influence individuals to act contrary to the best interest of City.
D) Tow Operator Work Hours and Safety Standards: Tow Operator shall ensure compliance with all
safety and hourly requirements for employees, in accordance with federal, state, and City safety
and health regulations and laws.
E) Orderly Termination: Upon termination or other expiration of this Agreement, each party shall
promptly return to the other party all papers, materials, and other properties of the other held by
each for purposes of execution of the Agreement. ln addition, each party will assist the other Party
in orderly termination of this Agreement and the transfer of all aspects, tangible and intangible, as
may be necessary for the orderly, non-disruptive business continuation of each party.
F) Reprocurement Costs: ln the case of default by Tow Operator, City may procure the service from
other sources and, if the cost is higher, Tow Operator will be held responsible to pay City the
difference between the Agreement cost and the price paid. City may make reasonable efforts to
obtain the prevailing market price at the time such services are rendered. This is in addition to any
other remedies available under law.
G) Authorization Warranty: Tow Operator represents and warrants that the person executing this
Agreement on behalf of and for Tow Operator is an authorized agent who has actual authority to
bind Tow Operator to each and every term, condition, and obligation of this Agreement and that all
requirements of Tow Operator have been fulfilled to provide such actual authority.
6
H) Notices: Any and all notices permitted or required to be given hereunder shall be deemed duly
given ('1)upon actualdelivery, if delivery is by hand; or (2) upon delivery by the United States mail if
delivery is by postage paid registered or certified return receipt requested mail; or (3) through
electronic means such as, email or the Dispatch & Tracking Solutions Software System (DTS).
l) Data - Title to: All materials, documents, data or information obtained from City data files or any
City medium furnished to Tow Operator in the performance of this Agreement will at all times remain
the property of City. Such data or information may not be used or copied for direct or indirect use
by Tow Operator after completion or termination of this Agreement without the express written
consent of City. All materials, documents, data or information, including copies, must be returned to
City at the end of this Agreement.
J) Usage: No guarantee is given by City to Tow Operator regarding usage of this Agreement Usage
figures, if provided, are approximate, based upon the last usage. Tow Operator agrees to supply
services and/or commodities requested, as needed by City, at prices listed in the Agreement,
regardless of quantity requested
K) Tow Operator's Records: Tow Operator shall keep true and accurate accounts, records, books
and data which shall correctly reflect the business transacted by Tow Operator in accordance with
generally accepted accounting principles. These records shall be stored at the Tow Operators
principal place of business for a period of three (3) years after final payment is received by City.
L) Audits/lnspections: Tow Operator agrees to permit City's authorized representative (including
auditors from a private auditing firm hired by City) access during normal working hours to all books,
accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose
of auditing or inspecting any aspect of performance under thrs Agreement. The inspection and/or
audit will be confined to those matters connected with the performance of the Agreement including,
but not limited to, the costs of administering the Agreement. City reserves the right to audit and
verify Tow Operator's records before or after final payment is made.
Tow Operator agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of records retention is stipulated under this Agreement or
by law. Tow Operator agrees to allow interviews of any employees or others who might reasonably
have information relate<j to such records. Further, Tow Operator agrees to include a similar right to
City to audit records and interview staff of any sub-Tow Operator related to performance of this
Agreement.
M) Should Tow Operator cease to exist as a legal entity, Tow Operator's records pertaining to this
Agreement shall be forwarded to the Chief of Police or his/her designee.
28. Disputes-Aqreement
A) The Parties shall deal in good faith and attempt to resolve potential disputes informally.
1) Tow Operator shall submit to the Chief of Police, or his/her designee, a written demand for a
final decision regarding the disposition of any dispute between the parties arising under,
related to, or involving this Agreement, unless City, on its own initiative, has already rendered
such a final decision.
2) Tow Operator's written demand shall be fully supported by factual information, and, if such
demand involves a cost adjustment to the Agreement, Tow Operator shall include with the
demand a written statement signed by a senior official indicating that the demand is made in
good faith, that the supporting data are accurate and complete, and that the amount
requested accurately reflects the Agreement adjustment for which Tow Operator believes City
is liable.
Pending the final resolution of any dispute arising under, related to, or involving this Agreement,
Tow Operator agrees to diligently proceed with the performance of this Agreement. Tow Operator's
failure to diligently proceed shall be considered a material breach of this Agreement.
Any final decision of City shall be expressly identified as such, shall be in writing, and shall be
signed by the City Hearing Administrative Officer, or Chief of Police, or his/her designee, as
applicable lf City fails to render a decision within ninety (90) days after receipt of Tow Operator's
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B)
c)
demand, it shall be deemed a final decision adverse to Tow Operator's contentions. City's final
decision shall be conclusive and binding regarding the dispute unless Tow Operator commences
action in a court of competent jurisdiction
29. Breach of Agreement
The failure of the Tow Operator to comply with any of the provisions, covenants or conditions of this Agreement
shall be a material breach of this Agreement. ln such event the City may, and in addition to any other remedies
available at law, in equity, or otherwise specified in this Agreement, undertake any of the individual actions or
any combination of the following actions:
1) Afford the Tow Operator written notice of the breach and ten calendar days or such
shorter time that may be specified in this Agreement within which to cure the
breach;
2) Suspend and/or remove Tow Operator from the rotation;
3) Terminate the Agreement immediately, without any penalty.
The Parties hereto have executed this Agreement.
TOW OPERATOR:
TOW OPERATOR*:
Bv:Title'
Print Name: lgZtS ?-¿n22
Print Name:Date'
*lf a corporation or limited liability company, the document must be signed by two corporate officers The first signature
must be either the Chairman of the Board, President, or any Vice President. The second signature must be the
secretary, an assistant secretary, the Chief Financial Officer, or any assistant treasurers. ln the alternative, a single
signature is acceptable when accompanied by a corporate document demonstrating the legal authority of the
signature to bind the company.
Date: ty',<l '(
Date:
ATTEST:
WONNE SPENCE, CMC
City Clerk
By:. Date:
APPROVED AS TO FORM
DOUGLAS T. SL
8
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gJåsäPüJ$.
1. Scope of Work
Tow Operator shall perform the towing, and storage of vehicles as directed by the City, and in addition, such
other services as provided in this Scope of Work, and shall provide necessary storage facility, tow vehicles,
labor, materials, equipment, machinery, and tools. The Tow Operator shall comply with all State laws and
regulations, applicable to tow units and impound, towing, storage, selling or junking of vehicles Tow operators
must follow all guidelines set forth by equipment manufactures recommendations as to their use and care of all
towing related equipment. All permits and licensing fees as specified under California Vehicle Code (CVC)
sections 34620 through 34624 shall be in full force and effect at alltimes during this Agreement. Any violation of
this section will be considered a material breach of the Agreement and may result in immediate termination of
this Agreement.
2. Towinq Services and Duties
It shall be the duty of the Tow Operator, when so directed by the City, to provide prompt tow service for vehicles
which are taken into custody by the City. This includes vehicles involved in collisions or disabled by any other
cause, abandoned in public places or on private property. Vehicles impounded for evidence, impeding the flow
of traffic, or which for any other reason, are within the jurisdiction of the FPD. As required by law, Tow
Operators are to remove from the street all debris resulting from said collisions and to clean the immediate area
of such street (CVC section 27700(a)(1)). lt shall also be the duty to provide for the safety and security of those
vehicles and the contents thereof. These duties are inherent to the job and are to be included in the price of the
basic tow bill.
The tow truck operator shall provide a business card to the registered owner or driver for the vehicle being
towed. The business card shall contain the name, address and phone number of the tow company as well as
the link to the vehicle search system in DTS as follows: www.findmytow.com
Tow truck operators and/or drivers will not be permitted to drive an impounded or recovered stolen vehicle or
vehicle intended for storage from a FPD rotation call or special operation. Any exceptions must be at the
direction of the FPD officer in charge of the scene and should be limited to repositioning the vehicle to allow for
towing.
The City has designated two (2) tow companies for evidence impound tows and no other rotation tow company
shall maintain custody over these vehicles at any time. lf an officer impounds a vehicle for evidence and a non-
preference rotational tow is dispatched, it is the responsibility of the tow driver to verify with the officer on scene
as to whether a vehicle is to be held for evidence. lf it is determined that the vehicle is to be held for evidence,
the tow driver must immediately notify the officer on scene that the company is not authorized to handle
evidence impounds and an evidence tow company shall be dispatched. Tow Operator shall then contact the
Tow Unit on the same business day, or within the next business day if such tow occurs after regular business
hours. Acceptance of an evidence tow by a non-designated evidence tow company will result in disciplinary
action and full financial responsibility for all tow and storage fees for each violation.
lf terminated or suspended, Tow Operator and/or owner at the time of the suspension or termination, shall not
be eligible for a rotation listing for the duration of the suspension or termination. This provision applies to the
Tow Operator working in any capacity within any tow business or operating any tow business and to the tow
business even if operated under new ownership.
Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow Rotation List,
excluding equipment which may be unavailable due to repairs or when there is a need for equipment
replacement and written notice has been obtained from FPD.
3. Special Operations
FPD conducts special operations coordinated through the Traffic Bureau throughout the year that requires tow
companies at the location of the special operation. Tow companies on the Tow Rotation List that are in good
standing with FPD may be invited to participate in these operations, provided they are willing to remain with the
special operation until its conclusion and forfeit any rotational tow calls (FPD, California Highway Patrol, or
other) received during the duration of the operation. "Good standing" shall mean that Tow Operator has not
violated, or is not in violation of the terms of this Agreement, the provisions of the FMC, State, or Federal law.
All special operations tows will be subject to the provisions of this Agreement. Tow Operator shall respond to a
I
special operation with a flatbed tow truck with the capability of towing (2) vehicles. No ride alongs will be allowed
on any special operations unless the ride along is the Tow Owner or a Tow Driver who is in training and has
been approved by FPD.
4. Siqnaqe and hours of Operation
The storage yard or business office shall have a sign that clearly identifies it to the public as a towing service
The sign shall have letters that are clearly visible to the public from the street and must be visible at night. All
storage facilities must be accessible to City personnel twenty-four (24) hours per day and seven (7) days per
week. The Tow Operator will provide customer service twenty-four (24) hours per day and seven (7) days per
week for the release of vehicles.
Tow Operator shall provide at least one person at a call station to respond and release vehicles within thirty (30)
minutes. Tow Operator shall maintain all signage required pursuant to CVC sections 228503 and 22651.07
and include an after-hours contact phone number for Tow Operator.
5. Response Time
Tow Operator shall respond to calls twenty-four (24) hours aday, seven (7) days a week, within the maximum
response time limits as established by the Chief of Police or his/her designee. A reasonable response time is
thirty (30) minutes or less, except during peak hours of 7:00 a.m. to g:00 a m. and 4:00 p.m. to 6:00 p.m.,
(Monday through Friday), when the required response time will be extended to forty-five (45) minutes or less.
Tow Operator shall respond with a tow truck of the class required to tow the vehicle specified by the DTS
System.
6. Non-Response
The Tow Operator shall update the DTS System at the time of dispatch to a tow rotation request. lf the Tow
Operator is either unable to respond or unable to meet the maximum response time, the tow operator shall
immediately update the DTS System accordingly. lf, after accepting the call, the Tow Operator is unable to
respond or will be delayed in responding, the Tow Operator shall immediately update the DTS system
accordingly.
To decline or refuse to respond will be considered a non-response. Each non-response will be immediately
documented in the DTS System, Each non-response will be logged by the DTS System and reviewed by the
City. lf the fault for the non-response is attributed to other than the Tow Operator, the Tow Operator will be
placed back in the rotational list and called at the next opportunity in line.
One such breach, determined to be the fault of the Tow Operator, will be grounds for written reprimand which
may be subsequent to a meeting between the Tow Operator and the City. A second breach may be grounds for
a (30) thirty-day suspension of this Agreement A third violation will be considered a material breach of the
Agreement and may result in immediate termination of this Agreement.
ln the case of suspension ortermination, allvehicles then in storage atthe time of the suspension ortermination
remain protected under this Agreement as'City's impounds and the Tow Operator is so bound. The City will
have the option to remove and/or transfer stored vehicles.
When a Tow Operator will be temporarily unavailable to provide services due to preplanned/scheduled activity,
such as a vacation, maintenance, medical leave, etc , the Tow Operator will notify City in writing via the DTS
system at least forty-eight (48) hours in advance. City reserves the right to deny these requests to maintain
adequate service levels for tow operations. Failure to notify the City will be considered a non-response and a
material breach of this agreement.
7. StoraqeResponsibilities
It shall be the duty of the Tow Operator to provide impound and other storage service for all vehicles as directed
by the City. The Tow Operator shall be responsible for all vehicles, accessories and equipment thereon and all
personal property therein stored by Tow Operator. lt shall be the Tow Operators' duty to protect such stored
vehicles, accessories, equipment, and property against all loss or damage by fire, theft or other causes. The
Tow Operator will have available for review by City personnel, all permits and proof of compliance to all local
zoning, special use, conditional use and special requirements, laws and regulation. lt is the responsibility of the
Tow Operator to ensure vehicles are stored in a secured facility.
8. Size and Location of Storaqe Facilitv
The tow yard shall be located within the City of Fresno's "Metropolitan Area." Metropolitan area is defined as
within the borders of Copper Avenue to the north, American Avenue to the south, DeWolf Avenue to the east,
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and Chateau Fresno to the west. Tow Operator shall be responsible for the security of vehicles and property at
the place of storage. At a minimum, a six (6) foot fence or enclosed secured area is required for outside
storage. A minimum of 5,000 square feet, or room for twenty (20) vehicles, shall be provided. All tow yards
located with the City of Fresno shall be in compliance with the FMC, current Directors Class #208 and shall
follow the current Development and Resource Management Department's Policy and Procedure C-002 lf the
tow facility is located outside the City of Fresno, the tow operator is required to provide written proof that the
yard is in compliance with the authorizing jurisdiction. Tow Operator is responsible for the reasonable care,
custody, and control of any property contained in towed or stored vehicles. The storage facility and business
office will be located at the primary storage yard and shall be maintained in a functional, clean and orderly
fashion. The facility shall have a telephone, on-site fax machine and the necessary computer equipment to
properly run DTS software and to send and receive email.
ln the event of criminal activity at a storage facility, the City may require the Tow Operator to take measures to
assist in preventing such crimes. These measures could include, but are not limited to: the yard being
illuminated during darkness, with security type lighting, to such a degree that visual observation of the entire
yard may be accomplished at all times, improved fencing and/or security patrols.
All vehicles stored or impounded as a result of a tow ordered by the City shall be towed directly to a towing
service storage lot unless the City, or in the case of a citizen's assist, a person legally in charge of the vehicle,
requests that it be taken to some other location.
All vehicles towed as a result of action taken by the City will be stored at the Tow Operator's principal place of
business unless directed otherwise by the City's Tow Coordinator. Vehicles stored at an auxiliary storage facility
will be considered a breach of this Agreement. The Tow Operator shall not remove personal property from a
stored vehicle. lf the registered owner removes personal property from a stored vehicle, the Tow Operator will
maintain documentation of such and will require a signed receipt from the registered owner for property
released. The Tow Operator shall immediately notify the City if any contraband, weapons or hazardous
materials are found in the vehicle(s).
L Enclosed Facilitv
The Tow Operator may maintain, without charge to the City or any other person, separate and enclosed garage
facilities no less than 1,000 square feet of clean working space. The facility must be constructed to include a
roof and at least four walls of substantial design to withstand the elements and protect the vehicles from the
weather. The facility should have a concrete floor and sufflcient lighting. This inside facility must be located at
the Tow Operator's primary storage yard. This inside facility is not required to qualify for the City's rotation,
however, when inside storage is requested for a particular vehicle, the next Tow Operator in line meeting the
needs of the City's request will be used.
10. DTS Requirements
Tow Operator shall utilize the most recent, updated and upgraded DTS software program, to dispatch and track,
via a web-based lnternet connection. Tow Operators will be required to enter the towed vehicle information as
instructed by the City. At no time will a vehicle be released, subject to lien, or junked from impound without all
required data fields being entered into the DTS system by the Tow Operator. The Tow Operator shall clearly
identify and enter into DTS the name of the person to whom the vehicle was actually released. All City tow
requests shall be made utilizing this program. Failure at any time to have the DTS program in full operation shall
cause the immediate removal of the Tow Operator from the tow rotation and be grounds for immediate
termination by City. Tow Operator must enter into a separate agreement, or license for the DTS software
program with the owner of that proprietary software. The City shall not provide the DTS software program, any
licensing or sub-licensing thereof or any intermediary services for the procurement by Tow Operator of the DTS
software program. This Agreement shall not be executed by the City until Tow Operator has demonstrated to
the City's satisfaction compliance with the requirements set forth herein. Tow Operator shall be liable for all
fees, charges, prices, rates and service charges required from DTS. DTS shall be utilized in "real time" and all
entries should reflect as such. lnvoices shall be used from DTS when releasing vehicles and be pursuant to
section 22651.07 of the CVC. The only Tow Operator personnel authorized to utilize and access DTS are those
that have fully complied with the provisions set forth in Section 12, "Tow Operator Personnel" of this Agreement.
lf the Tow Operator is not in FULL compliance with the above stated requirement, the Tow Operator will be
removed from the City towing rotation. ln the event that DTS fails to provide software services, or the City elects
to utilize a new software provider, the Tow Operator will be required to use the replacement towing software
system. lf that occurs, all references to DTS in this Agreement shall instead be interpreted as references to the
new software program.
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11. Official Notification bv Gitv Reqardinq Tow
Official notification by City regarding tow services is considered any form of written, email, verbal instructions or
notifications received from an authorized City employee or electronic notice from the DTS program. lf the Tow
Operator receives verbal instructions or notifications from a City employee the Tow Operator must respond to
City, by 5:00 p.m (PST) on the next business day.
12. Tow Operator Personnel
A.) Conduct
The Tow Operator shall perform the services required of it in an ethical, orderly manner, endeavoring to
obtain and keep the confidence of the public At no time will the Tow Operator or its agent or any
employee of the Tow Operator exhibit any of the following behavior: rudeness, or othenruise being
uncooperative, argumentative, threatening, incompetent or acting in a dangerous manner with any City
employee, or with any member of the public. The City reserves the right to cancel an individual tow
assignment, if in the opinion of the City, the Tow Operator is acting in a rude, uncooperative,
argumentative, threatening, incompetent or dangerous manner. The City also reserves the right to cancel
an individual tow assignment if in the opinion of the City the Tow Operator is likely to damage the vehicle
for which the tow service was called. Other examples of unacceptable behavior include but are not limitedto. profanity, abusive language, disconnecting telephone calls for public inquiries regarding a tow,
threatening, aggressive, or assertive language, failure to provide timely information or documents in
response to a public or City inquiry, lack of respect to any City personnel or member of the public,
destruction or damaging of evidence, failure to comply with the reasonable request of a member of the
public failure to release vehicle in a timely manner, failure to make appointment for release of vehicle
during evening or weekend hours, failure to promptly be on site at time of appointment for release of
vehicle during evening or weekend hours, impeding an investigation or any other conduct which the City
deems unprofessional.
lf the Tow Operator is found to be in violation of this conduct clause, the City will cancel the Tow Operator
and request the next Tow Operator in rotation Any such behavior as set forth above shall be considered
a material breach of this Agreement and may be grounds for immediate suspension or immediate
termination by the City, without penalty.
B.) PersonnelAppearance
Tow Operators shall be required to furnish their employees with a distinctive company uniform. Each
uniform shall have the firm's name, as well as the employee's name, in a conspicuous place. The tow
company's name and driver's first name shall be clearly visible at all times, meaning that protective or
inclement weather outer garments must meet this standard. Each employee shall have sufficient uniforms
so as to maintain a neat, clean appearance at all times. Minimum requirements for uniforms include a
shirt, long pants, and appropriate safety shoes. All drivers shall be in uniform before any towing or seryice
operation begins No wording, designs, photos, gestures, or anything that could be considered offensive
or obscene to the general public shall be displayed by the Tow Operators or on any part of the uniform
Dress standards are required in order to project a professional and positive image to the public.
All employees must be neat, clean and well groomed in appearance. ln order to ensure a professional
appearance, all tattoos must be concealed by operators while working. Personnel will be required to
conceal any tattoos with gloves, collars, long sleeves, or by other means acceptable to the City Facial
tattoos of any variety are not permitted. No facial piercings shall be worn while on duty.
Drivers shall wear safety vests or reflectorized clothing that conforms to Occupational Safety and Health
Administration (OSHA) requirements. Alternatively, the OSHA safety requirements may be incorporated
into the uniform, jacket, or rain gear, as long as these items are worn as the outermost garment
C.) UnlawfulActivity
The Tow Operator or it's employees shall not be involved, nor shall the Tow Operator or its employees
become involved in any agreement or activity whether verbal, written or conveyed in any other manner,
any activity or business venture which may be construed as unlawful. lf the City deems the involvement
to be unlawful, the City may immediately terminate this Agreement.
The Tow Operator shall not provide any direct or indirect commission, gift or any compensation to any
person or public or private entity, in consideration of arranging or requesting the services of a tow truck as
provided in section 12110 of the CVC.
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No Tow Operator will be involved or solicit any compensation of any kind including but not limited to
involvement with any other company or business that might result in income or consideration as a result of
any activity initiated by the City.
An example of such a prohibited involvement could include but is not limited to: financial reimbursement
by auto-body repair business for referrals, or towing directly from the scene of a collision to the auto-body
shop without prior unsolicited approval or request by the registered owner, driver or insurance company
representative of the damaged vehicle; kickback to or from a security company or homeowner's
association for "finding" or towing a vehicle from a location, whether private property, public, off street
parking facility or a public roadway. Violation of this provision shall be grounds for immediate termination
by City, without penalty.
D.) Personnel Licenses
Tow Operators providing services under this Agreement, including tow truck drivers, dispatchers and other
office personnel, will have sufficient knowledge, experience and capability to ensure safe and proper
discharge of their service responsibilities. lt will be the responsibility of the Tow Operator to ensure that all
of its personnel will be properly licensed in accordance with sections 12500 12520, and'12804.9 of the
CVC. All tow truck drivers and tow truck operators shall be enrolled in the "Pull Notice" program as defined
in CVC section1808.1 et seq.. Drivers must complete a CHP approved Tow Operator Course every five
(5) years and copies of completion of the course shall be sent to the City. All Tow Operators and
personnel shall have no criminal record which would preclude them from being placed in a position of trust
while in the service of a law enforcement agency or any crime listed below under the heading of "Criminal
Record."
E.) Fingerprints
All owners and employees who have not previously submitted their "LiveScan" fingerprint samples shall
submit their "LiveScan" fingerprint samples, at their own expense, through the City pnor to being awarded
this Agreement, for the purposes of verifying their criminal history with the Department of Justice.
Failure to provide information regarding the identity of the owner, employee, or anyone else with a
financial interest in the Tow Operator will result in termination of this Agreement. The Tow Operator will
provide the City with information regarding any change in employee status immediately and update DTS
to reflect such changes. Failure to comply may result in further disciplinary action, and will be considered
a breach of this Agreement.
After execution of this Agreement, no person shall be employed by the Tow Operator or perform any
service under this Agreement until the background record check and "LiveScan" is completed and
approved by the City and said employee has received their identification badge from the City
Notwithstanding the foregoing, Tow Operators and owners that have towed for the City under the previous
Tow Service Agreement and have completed a new background and "LiveScan" check will be allowed to
continue to tow for the City until such time as the results of the background and "LiveScan" submissions
are reviewed and approved by the City.
Any employee of the Tow Operator that has left employment with said Tow Operator and returned and
been rehired must complete an additional background check before performing services pursuant to this
Agreement
F.) CriminalRecord
A conviction of anyone with a financial interest in the Tow Operator, or any employee of the Tow Operator,
including but not limited to any of the following offenses, may be cause for denial of application or
termination of this Agreement:
. Any crimes listed in California Penal Code section 290
. DU|-Within 5 years of the Date of Fingerprinting
. Vehicle theft. Fraud. Stolen Property
. Crimes of Violence
. Any felony crime relating to narcotics or any controlled substance
. Any other crimes enumerated in CVC section 2432.3
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. Actively on parole or on any form of probation
. Crime of moral turpitude. Sex, Arson, Narcotics Registrant. Other felony conviction
The City is not required to provide any reason, rationale or factual information in the event it elects to deny
application or remove any of Tow Operator's personnel from providing services for the City under this
Agreement Tow driver or employee applicants denied under this section may appeal to the Chief of
Police or his/her designee. All decisions by the Chief of Police, or his/her designee, are final.
ln the event the Tow Operator or employee is convicted or is under investigation, the Tow Operator may
be given the opportunity to replace that employee without prejudice to the Agreement. Nothing shall
prohibit the City from removing, suspending or terminating the Agreement. lt will be the responsibility of
the Tow Operator to provide the City with updated information regarding any illegal activity, arrest(s) or
conviction of any Tow Operator and/or employee. For the purpose of this section, any conviction or plea
of guilty or nolo contendre, even to any lesser-included offense, are considered convictions. Failure to
provide information regarding the identity of the employee, or anyone else with a financial interest in the
Tow Operator will result in termination of the Agreement. Failure to provide information to the City of any
information regarding the conviction of any of the above crimes may also result in termination of the
Agreement.
G.) ldentificationBadges
Each tow truck driver or employee of the Tow Operator shall wear, in plain view an identification badge,
authorized and issued by the City to that employee, while on any call for service where the City is
involved. lf a tow truck driver responds to a scene without his authorized name badge, the tow truck
driver will be dismissed from the scene and the next Tow Operator in rotation will be called. Failure to
carry an identification badge will be considered a violation as stated in Section 31, "Disciplinary Action," of
this Agreement. The purpose of these badges will be to identify those employees of the Tow Operator
who have been fingerprinted by the City and have passed the record check by the Department of Justice.
All identification badges are the property of the City and will be returned by the Tow Operator to the City
within forty-eight (48) hours of an employee's separation. Tow Operator will provide a current list of all
staff including drivers, dispatchers, etc. Anytime there are any changes to this list, the City is to be notified
by the next business day and provided with an updated and current list.
13. Tow Operator Licensinq and Certification
All licensing and certifications required by Federal, State and local authorities shall be maintained current and
valid at all times as required in CVC sections: 34507.5,34600 et seq, 34620, and 12111, and sections 7231 eT.
seq, of the California Revenue and Taxation code. Failure to have any required license or certlfication, including
any driver who fails to have an appropriate class of license, may be grounds for immediate termination by City
without penalty.
14. lnspection
All real property and improvements thereon, and all vehicle facilities, equipment and materials used by the Tow
Operator in the performance of the services required herein shall be open to inspection by the City or its
authorized representative, and will be subject to no less than one annual inspection. Additional inspections may
be conducted without notice during normal business hours. lnspections may include, but are not limited to, all
books, accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose of auditing
or inspecting any aspect of performance directly related to this Agreement. ln the event that the City determines
that the real property and improvements thereon are insufficient, derelict or fail to meet the requirements as
called out in this Agreement, this Agreement may be terminated by City immediately, without penalty.
15. Vehicle and Equipment Requirements
Tow vehicles will be maintained in compliance with sections 24605, 25253, 25300, 27700 and 27907 of the
CVC. Tow vehicles will be of at least 14,000 lbs. GVWR with dual rear wheels, with the ability to tow two (2)
vehicles, or a vehicle and/or a trailer. Tow vehicles must have two-way communication capabilities and the
ability to communicate and connect with the DTS System at all times. The Tow Operator shall have equipment
capable of towing from off-road areas, towing from underground facilities, and recovery services with an
adjustable boom with at least five tons of lifting capacity. ln addition to the conventional wheel lift towing
capabilities, the Tow Operator shall maintain at least one or more flatbed or rollback trucks with a minimum of
fifty (50) feet of cable, and the required safety equipment. Unless otherwise specified by the City, all Tow
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Operators shall respond to a tow service request with a flatbed or rollback truck as specified above At the
discretion of the tow operator, a wrecker may be used to respond to a tow service request lf for any reason the
Tow Operator is unable to complete the tow service request with the wrecker, the Tow Operator will not be
placed back on the top of the rotation list and a new Tow Operator will receive the tow service request.
A 3-axle or 25-ton truck is not required equipment. However, Tow Operators that possess this equipment will be
placed on a heavy-duty tow rotation list.
All trucks must have the required emergency lighting, portable stop and tail lamps, a broom, shovel, fire
extinguisher (rating 4-8, C), a utility light, reflective triangles, a large pry-bar, covered trash cans with approved
absorbent, rags, unlocking equipment, dof lies (boom trucks), chains, and/or tie downs.
Wheel lift trucks will maintain at least 100 feet of cable and all safety equipment as required by the
manufacturer.
Tow vehicles must have a cable winch of sufficient size and capacity to retrieve vehicles that have gone off
traveled portions of roadways into inundated areas or other inaccessible locations. Winches must have visible
lD tags designating the model, make, serial number, and rated capacity.
All tow trucks used in City tows will be subject to a yearly inspection. This does not preclude the City from
conducting random inspections throughout the year
16. Vehicle ldentification
Tow vehicles shall display identification signs in compliance with section 27907 of the CVC. The Tow Operator
shall not display any sign or advertising material that indicates that his tow vehicles are an official police service
of the City.
17. Charqes and Fees to be collected from Reqistered Owners
All rates and charges shall be conspicuously posted in the office and in all tow vehicles. These rates shall quote
complete charges and fees with no additional fees to be added at a later date. These rates will be available for
review by City personnel and/or the person for whom tow service is provided. All fees collected shall be itemized
and invoiced in DTS in accordance to section 22651.07 of the CVC. lt will be the Tow Operator's responsibility
to collect his bill for service, and the City will not be responsible in any way for these charges. Storage fees will
be calculated on the calendar day except the first 24-hours which is counted as a single day in accordance with
California Civil Code (CCC) 3068.1 (see Attachment B). All fees listed on the DTS invoice will be received in the
form of major credit card, debit card, or cash. All fees collected, both City and Tow Operator fees, must be
invoiced through the DTS system prior to release and at the time of payment. No credit card fees will be
charged pursuant to CVC section 22651 1 and CCC section 1748.1 for any portion of the fees The City
reserves the right to change all payment methods during the term of this agreement.
18. Lien Fees
At no time shall the City be charged a lien fee on a towed or impounded vehicle. No lien shall be attached to
any vehicle that has been impounded by the City until after seventy-two (72) hours from the time of storage as
listed in the DTS system have passed pursuant to section 22851.12 of the CVC. All lien transactions must be
entered into the DTS system by Tow Operator. Vehicles sold at lien sale shall abide by all laws relating to lren
sales. A vehicle held in impound by the City for thirty (30) days, shall not be sold at lien until such time as is
considered reasonable to allow the registered owner time to pay for and pick up the vehicle before it is sold at
lien, but under no circumstances before the thirty-fifth (35'") day after storage.
The Tow Operator shall abide by all applicable statutes and ordinances concerning disposal of unclaimed
vehicles, including but not necessarily limited to CVC sections 22670',22851',22851.1',228512:22851.3,
2285 1 .4; 2285 1 .6, 2285 1 .8', 2285 1 . 1 0, 2285 1 . 1 2 and 22852. 5.
As described in CVC section 22856, liability for despoliation of evidence shall not arise against the Tow
Operator that sells any vehicle at, or disposes of any vehicle after, a lien sale, as long as the Tow Operator can
show written proof that he was notified in writing by the City that the vehicle would not be needed as evidence in
a legal action. This proof may exist in the form of an official release in the DTS System or any other written
conveyance signed by a member of the City prior to the official, written release of the vehicle.
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19. Reasonableness and Validitv of Fees
Fees charged to the registered owner or any other person for response to calls originating from the City shall be
reasonable and not in excess of those rates charged for similar services provided in response to requests
initiated by any other public agency or private person. During the term of this agreement, the City shall conduct
an annual review each December of towing and storage fees of comparable cities and adjust rates set forth in
Attachment B by the first week of January of the following year.
20. Towinq Operation
All tows performed under this Agreement will be included in the flat rate charge as described in Attachment B
No additional charges shall be charged without prior approval from the City and written notice is provided in the
DTS System. Any unapproved charges received outside the DTS System will result in immediate termination of
this Agreement and removal from the rotation list.
The Tow Operator shall base towing charges upon the class of vehicle being towed regardless of the class of
the truck used, except when vehicle recovery operations require a larger class truck. The Tow Operator may
refer to the tow truck classes and weight ratings as defined by the Towing & Recovery Association of America
(TRAA) vehicle identification guide.
21. Service Call Rotation and Fees
The City shall establish a separate rotation list for Tow Operators willing to respond to service requests (out of
gas, lockouts, tire changes, etc. ) Rates for a service requests shall not exceed one-half the flat rate charge for a
light duty truck response.
22. Gate Fees
No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding State
recognized holidays as listed below:
New Year's Day
Martin Luther King Day
Presidents'Day
Cesar Chavez Day
Memorial Day
lndependence Day
Labor Day
Veterans'Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
An after hours gate fee may be charged at all other times. The gate fee is not to exceed fifty percent (50%) of
the flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal
property recovery that occurs outside normal business hours (excluding lien fees, storage fees, taxes, or other
additional fees.) The Tow Operator is responsible for assuring that proper gate fees are charged in accordance
with this section. Over charging gate fees will be considered a major violation as outlined in Section 30.
All towing and storage fees charged by the Tow Operator are the responsibility of the vehicle's owner and are
not the responsibility of the City. The exception would be evidentiary impounds made at the direction of City
personnel.
23. Cancelled Tow
The City shall not be liable to pay the Tow Operator or anyone else any charge or other fee for a call that does
not result in a chargeable service being rendered by Tow Operator ("Dry Run"). The cancelled Tow Operator
shall be placed back on the top of the rotation list and will receive the next tow in rotation.
24. Towed in Error
ln the event the City determines that an error has occurred in impounding a vehicle, it shall be immediately
released to the registered owner without charge and the Tow Operator will be placed back on the top of the
rotation list and will receive the next tow in rotation. ln addition, the Tow Operator will be given one extra tows
on the rotation list. Additional extra tows may be given at the discretion of the Tow Unit.
25. Release Fees
California law authorizes the recovery of funds required to enforce certain provisions of the CVC and promote
traffic safety on public roadways. This authorization falls under CVC section 22850.5 and further authorized by
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City resolutions These resolutions are open to public view at the City and/or City offices and are on file with the
City's Traffic Bureau. The Tow Operator will collect fees on the behalf of the City from the registered owner,
legal owner or agent of an impounded car.
A City administrative i franchise fee will be charged for the release of a vehicle that has been impounded by the
City. Fees will be established by an independent consulting firm to determine the City's costs associated with
impounding vehicles in accordance with CVC sections 22850.5 and 12110(b). All vehicles impounded will be
charged an administrative / franchise fee for the release of the vehicle. This fee will be established and attached
to each vehicle in the DTS System. The City's administrative fees will be collected at the time of the release by
the Tow Operator. The Tow Operator will pay the City's franchise fees equivalent to the City's administrative
fees for every vehicle that is not picked up by the owner or agent. The Tow Operator will pay the City's
administrative / franchise fees for every City vehicle that was towed during the preceding month and will pay the
City no laterthan l2:00 p.m. on the 15'n of the following month, regardless of the disposrtion of the vehicle. ln
the event that the '1 Stn of the month falls on one of the State recognized holidays listed in Section 22 above, or a
weekend, the City's administrative/franchise fee must be paid by 12:00 p.m. on the following business day. Tow
Operators who fail to submit the City's administrative / franchise fees to the City by the 15'n day of each month
will be immediately suspended from rotation until all fees are received, and will be subject to appropriate
disciplinary action and civil recourse. The City will keep a strict accounting of these fees through the DTS
System and frequent audits will take place to ensure accurate and timely payment of collected City
administrative / franchise fees. The fee will be listed as an item on the owner's / agent's DTS contractor invoice
26. UnauthorizedRelease
Unauthorized release of an impounded vehicle, accidental or othen¡vise, having evidentiary value, not officially
released by the City, and determined to be the fault of the Tow Operator, will result in the issuance of a major
violation as set forth in this Agreement. The determination of such fault will be the responsibility of the City.
27. Release of Multi-Dav lmpounds
A vehicle impounded with a multiple day hold may only be released prior to the impound period with written
authorization by the City in the DTS System. The DTS System will automatically schedule the release of an
impounded vehicle.
28. Release of Vehicles
Vehicles may only be released through the DTS System. Once the DTS System authorrzes the release of a
stored or impounded vehicle, it is the Tow Operator's responsibility for the vehicle's release. The Tow Operator
is hereby granted authority to release to the registered owner, legal owner, or authorized representative
pursuant to section 22850.3 of the CVC. At the time of release, the Tow Operator shall have the registered
owner, legal owner, or authorized representative taking possession of the vehicle sign a release indicating that
they are properly licensed and insured to drive a motor vehicle.
29. DisciplinarvAction
The Chief of Police, or hrs/her designee, shall take disciplinary action against Tow Operators for violations
investigated and sustained. Unless otherwise noted, the Chief of Police, or his/her designee, will determine the
period of suspension and shaf I retain discretion regarding the length of any suspension imposed pursuant to the
terms and conditions of this Agreement. The City shall retain record of violations for at least the term of this
Agreement.
30. Maior violations
Major violations include any chargeable offense under Federal, State, Local Law and significant violations of this
Agreement. Such violations shall result in suspension or immediate termination of this Agreement. The Chief of
Police, or his/her designee, reserves the right to impose longer periods of suspensions or immediate
termination, if deemed appropriate in his/her sole discretion. The Chief of Police, or his/her designee, reserves
the right to remove a Tow Operator from the tow rotation during the investigation of a major violation. A
reinstatement from suspension for a major violation will result in a five hundred dollar ($500.00) fee Suspension
will not be lifted until the reinstatement fee is received by the Chief of Police or his/her designee ln addition, a
major violation may also result in the Tow Operator's employee being removed from participation in this
Agreement. Examples of major violations include, but are not limited to:
. Physical assault, against public and/or law enforcement. Verbal abuse against public and/or law enforcement
. Resisting arrest. Tow Truck Driver under the influence of alcohol or illegal drugs
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. Charging rates that exceed those listed in Attachment B. Vehicle released without authorization. Unauthorized access to storage yard. Theft
. Mishandling of vehicles stored as evidence. Unauthorized driver responding to call. Failure to provide information or change of status on any Tow Operator employee or staff. Substantiated private party impound complaints. Any Felony/Misdemeanor arrest. Refusal to take a rotational tow. Failure to utilize the DTS System for all City towing related matters. Repeated late or nonpayment of City franchise fees. Failure to properly secure storage yard. Failure to obey a lawful order by law enforcement
31. Minor violations
Minor violations will be given to the Tow Operator in the form of a documented warning for the first violation. The
second violation will be in the form of a documented reprimanded and a one hundred dollar (g100.00) fine.
Repeated minor violations during the term of the Agreement may be treated as a major violation, and the Tow
Operator will be suspended or terminated from this Agreement. A reinstatement from suspension will result in a
five hundred dollar ($500.00) fee. Suspension will not be lifted until the reinstatement fee is received by the
Chief of Police or his/her designee. Examples of minor violations include, but are not limited to:
. Late payment of City franchise fees. Tow truck drivers not wearing City issued l.D cards/ proper uniform. Unauthorized arrival time in excess of thirty (30) minutes, or forty-five (45) minutes during peak hours. Repeated rejection of dispatched calls. Other violations of this Agreement not considered a major violation by the Chief of Police or his/her
designee. Unauthorizedride-a-long¡ Failure to respond to customers' needs. Failure to maintain proper equipment. Failure to clean up at a collision scener Vehicle code infractions
32. Hearinq/Appeal
Tow Operator must have a legal existing interest in the tow operation or entitlement subject to the City order,
citation, decision or determination to have standing to appeal a decision by the Chief of Police or his/her
designee. An appeal that fails to identify the appellant's standing may be rejected as defective
ln the event FPD seryes Tow Operator with disciplinary action amounting to anything less than a suspension
resulting from a minor violation, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow Unit.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension for thirty (30) days or
less resulting from a minor or major violation, the Tow Operator may request a hearing within fifteen (f5)
calendar days by submitting an appeal in writing to the Chief of Police, or his/her designee, through the TowUnit. Upon receipt of a written request for an appeal, and at the discretion of the Chief of Police, or his/her
designee, the Tow Operator may be allowed to continue rotational tows until the final disposition of the appellate
hearing.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension in excess of thirty (30)
days, or termination of the TSA, the Tow Operator may request a hearing within fifteen ('15) calendar days by
submitting an appeal in writing to the Administrative Hearing Officer by way of the City Manager's Office. The
written appeal shall be in compliance with FMC sections 1-407 and g-1712. Notwithstanding any provision
within Chapter 1, Article4 of the FMC, any person who appeals a suspension in excess of thirty (30)days, ora
termination of the TSA shall not be entitled to placement on the Tow Rotation List or to participate in tows until
such time as any appeal hearing has been concluded and the Administrative Hearing Officer finds that no
grounds for a suspension in excess of thirty (30) days, or a termination of the TSA has been established Tow
Operator's remedy shall be limited to reinstatement on the tow rotation list in such case and no other
compensation or consideration will be allowed.
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ATTACHMENT B
TOW FEES
Flat price per vehicle per call:
Light Duty Tow/Flatbed $ 184.00/Each
Medium Duty Tow $ Average CHP Rates Apply
Heavy Duty Tow $ Average CHP Rates Apply
Water Recovery: $ Average CHP Rates Apply
Technoloqv Fee:
DTS Software Fee per Vehicle Towed $ Charge listed in DTS Contract and DTS System
Storaqe Rates:
Passenger cars $ 45.00/per day
Motorcycles $ 45.00/per day
Trucks or Trailers $ Average CHP Rates Apply
lnside Storaqe Rates:
Passenger cars $ 55.00/per day
Motorcycles $ 55.00/per day
Trucks or Trailers $ Average CHP Rates Apply
Gate Fee: No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding
State recognized holidays as listed in the Agreement.
An after hours gate fee may be charged at all other times. The gate fee shall not exceed fifty percent (50%) of the
flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal property
recovery that occur outside normal business hours (excluding lien fees, storage fees, taxes, or other additional
fees).
Non{ow service calls (out of gas, lockouts, and flat tires) shall not exceed one-half the flat rate charge for a light
duty truck response.
City of Fresno Administrative / Franchise Fees.
Vehicle Collision Blocking a Roadway $ 60.00
lllegally Parked / Abandoned Vehicle $1 16.00
Unlicensed Driver / Expired Registration $189.00
Arrested / Suspended Driver $266.00
DUI Driver $450.00
All fees listed on the DTS invoice will be received in the form of major credit card, debit card or cash. No
credit card fee will be charged pursuant to CVC secúion 22651.1 and CCC sect¡on 1748.1.
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CITY OF FRESNO
NON-EXCLUSIVE FRANCHISE TOW AGREEMENT
FOR FRESNO POLICE DEPARTMENT
This Non-exclusive Franchise Tow Agreement (TSA) is entered into effect on the 28th day of December 2014 set
forth below, at Fresno, California, between the City of Fresno, a municipal corporation (City) and Herndon
Towing, a California corporation (the Tow Operator).
This Agreement, including all attachments, contains rules and regulations that a tow company agrees to comply
with in order to participate in the tow operations of the City of Fresno Police Department (FPD). Participation in
the FPD Rotation Tow Program (Tow Program) is voluntary Compliance with all of the terms and conditions of
the Agreement is mandatory for tow companies participating in the Tow Program. A Tow Operator, by agreeing
to participate in the Tow Program, is not acting as an agent for FPD or City when performing services under this
Agreement
1. Governinq Law and Venue
This Agreement shall be governed by, and construed enforced in accordance with, the laws of the State of
California excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue
for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any
rights and duties hereunder shall be the County of Fresno, California.
2. Entire Agreement
This Agreement, its attachments and exhibits, when accepted by the Tow Operator either in writing or
commencement of performance hereunder, contains the entire Agreement between the parties with respect to
the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth
herein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by
City in writing.
3. Amendments
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the
parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties;
and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in
writing.
4. Assiqnment or Sub Contracting
The terms, covenants, and conditions contained herein shall apply to the parties. Furthermore, neither the
performance of this Agreement nor any portion thereof may be assigned or subcontracted by Tow Operator
without the express written consent of City Any attempt by Tow Operator to assign or subcontract the
performance or any portion of this Agreement without the express written consent of City shall be invalid and
shall constitute a breach of this Agreement.
5. PatenUGopvriqht Materials/Proprietarv lnfrinqement
Unless otherwise expressly provided in this Agreement, Tow Operator shall be solely responsible for obtaining a
license or other authorization to use any patented or copyrighted materials in the performance of this
Agreement. Tow Operator warrants that any Software as modified through services provided hereunder will not
infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Tow Operator
agrees that, in accordance with the more specific requirement below, it shall indemnify, defend and hold City
and City lndemnitees harmless from any and all such claims and be responsible for payment of all costs,
damages, penalties and expenses related to or arising from such claim(s), including, but not limited to,
attorney's fees, costs and expenses
6. Non-Discrimination
ln the performance of this Agreement, Tow Operator agrees that it will comply with the requirements of section
1735 of the California Labor Code and not engage nor permit any Tow Operators to engage in discrimination in
employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, marital status, or sex of such persons. Tow Operator acknowledges that a
violation of this provision shall subject Tow Operator to all the penalties imposed for a violation of anti-
discrimination law or regulation, including but not limited to, section 1720 et seq. of the California Labor Code.
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7. Termination
ln addition to any other remedies or rights it may have by law, City has the right to terminate this Agreement
without penalty immediately with cause and either party may terminate after thirty (30) days written notice
without cause, unless otherwise specified. Cause shall be defined as any breach of this Agreement or any
misrepresentation or fraud on the part of the Tow Operator. Exercise by City of its right to terminate the
Agreement shall relieve City of all further obligation.
8. Consent to Breach Not Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or
consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any
party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver
of, or excuse for any other different or subsequent breach.
9. Remedies Not Exclusive
The remedies for breach set forth in this Agreement are cumulative as to one another and as to any other
provided by law, rather than exclusive; and the expression of certain remedies in this Agreement does not
preclude resort by either party to any other remedies provided by law.
10. lndependent Tow Operator
Tow Operator shall be considered an independent Tow Operator and neither Tow Operator, its employees nor
anyone working under Tow Operator shall be considered an agent or an employee of City. Neither Tow
Operator, its employees nor anyone working under Tow Operator, shall qualify for workers' compensation or
other fringe benefits of any kind through City.
11. Performance
Tow Operator shall perform all work under this Agreement, taking necessary steps and precautions to perform
the work to City's satisfaction Tow Operator shall be responsible for the professional quality, technical
assurance, timely completion, and coordination of all documentation and other goods/services furnished by Tow
Operator under this Agreement. Tow Operator shall: perform all work diligently, carefully, and in a good and
workman-like manner; furnish all labor, supervision, machinery, equipment, materials, and supplies necessary
therefore; at its sole expense obtain and maintain all permits and licenses required by public authorities,
including those of City required in its governmental capacity, in connection with performance of the work; and, if
permitted to subcontract, be fully responsible for all work performed by sub-Tow Operators
12. Indemnification
A) Tow Operator shall indemnify, hold harmless and defend City and each of its officers, officials,
employees, agents and authorized volunteers from any and all loss, liabillty, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to
personal injury, death at any time and property damage) incurred by City, Tow Operator, or any
other person, and from any and all claims, demands and actions in law or equity (including
attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of
performance of this Agreement. Tow Operator's obligations under the preceding sentence shall
apply regardless of whether City or any of its officers, officials, employees, agents or authorized
volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or
damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any
of its officers, officials, employees, agents or authorized volunteers.
B) lf Tow Operator should subcontract all or any portion of the work to be performed under this
Agreement, Tow Operator shall require each subcontractor to indemnify, hold harmless and defend
City and each of its officers, officials, employees, agents and authorized volunteers in accordance
with the terms of the preceding paragraph
C) This section shall survive termination or expiration of this Agreement.
13. lnsurance
A) ïhroughout the life of this Agreement, Tow Operator shall pay for and maintain in full force and
effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted
by the California fnsurance Commissioner to do business in the State of California and rated not
less than 'A-Vll" in Best's lnsurance Rating Guide, or (ii) authorized by City's Risk Manager. The
following policies of insurance are required:
2
5)
B)
1) COMMERCIAL GENERAL LIABILITY insurance which shall be on the most current version of
lnsurance Services Office (lSO) Commercial General Liability Coverage Form CG 00 01 and
include insurance for "bodily injury," "property damage" and "personal and advertising injury"
with coverage for premises and operations, products and completed operations, and
contractual liability (including, without limitation, indemnity obligations under the Agreement)
with limits of liability of not less than $,l,000,000 per occurrence for bodily injury and property
damage, $1,000,000 per occurrence for personal and advertising injury and $2,000,000
aggregate for products and completed operations and $2,000,000 general aggregate
2) GARAGEKEEPERS LEGAL L|ABlLlry insurance which shall include coverage for vehicles in
the care, custody, and control of the Tow Operator with limits of liability of not less than
$120,000 per occurrence for property damage.
3) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be on the most current
version of lnsurance Service Office (lSO) Business Auto Coverage Form CA 0O 01, and
include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles
(Code 1- Any Auto) with limits of not less than $1,000,000 per accident for bodily injury and
property damage.
4) ON-HOOK/CARGO insurance which shall include coverage for vehicles in tow with limits of
liability based on the size of the tow truck, which are as follows:
a) ClassA/Btowtruck. .....$120,000b) Class C tow truck.. . ... $200,000c) Class D tow truck ... $300,000
WORKERS' COMPENSATION insurance as required under the California Labor Code and
EMPLOYERS' LIABILITY insurance with minimum limits of $1,000,000 each accident, $1,000,000
disease policy limit and $1,000,000 disease each employee.
Tow Operator shall be responsible for payment of any deductibles contained in any insurance
policies required hereunder and Tow Operator shall also be responsible for payment of any self-
insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate
of lnsurance and approved by the City's Risk Manager or his/her designee. At the option of the
City's Risk Manager, or his/her designee, either:
1) The insurer shall reduce or eliminate such deductibles or self-insured retention as
respects City, its officers, officials, employees, agents and volunteers; or
2) Tow Operation shall provide a financial guarantee, satisfactory to City's Risk Manager, or
his/her designee, guaranteeing payment of losses and related investigations, claim
administration and defense expenses. At no time shall City be responsible for the payment of
any deductibles or self-insured retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30)
calendar days written notice in favor of City of policy cancellation, change or reduction of coverage,
except for the Workers'Compensation policy which shall provide ten (10) calendar days written
notice of such cancellation, change or reduction of coverage. ln the event any policies are due to
expire during the term of this Agreement, Tow Operator shall provide a new certificate and all
applicable endorsements evidencing renewal of such policy prior to the expiration date of the
expiring policy(ies) to the Chief of Police, or his/her designee, and the City's Rísk Division. Upon
issuance by the insurer, broker, or agent of a notice of cancellation, change or reduction in
coverage, Tow Operator shall file with the Chief of Police, or his/her designee, and the City's Risk
Division, a new certificate and all applicable endorsements for such policy(ies).
The General Liability, Automobile Liability and Garagekeepers Legal Liability insurance policies
shall be written on an occurrence form and shall name City, its officers, officials, agents, employees
and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Tow
Operator's insurance shall be primary with respect to the City, its officers, officials, employees,
agents and authorized volunteers with no contribution required of City. Any Workers' Compensation
insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents,
c)
D)
3
employees and author¡zed volunteers. Tow Operator shall have furnished City with the certificate(s)
and applicable endorsements for ALL required insurance prior to City's execution of the Agreement.
E) The fact that insurance is obtained by Tow Operator shall not be deemed to release or diminish the
liability of Tow Operator, including, without limitation, liability under the indemnity provisions of this
Agreement. City shall apply to all claims and liability regardless of whether any insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by Tow Operator. Approval or purchase of any insurance contracts or policies shall in no
way relieve from liability nor limit the liability of Tow Operator, its principals, officers, agents,
employees, persons under the supervision of Tow Operator, vendors, suppliers, invitees,
consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of
them.
F) Upon request of City, Tow Operator shall immediately furnish City with a complete copy of any
insurance policy required under this Agreement, including all endorsements, with said copy certified
by the underwriter to be a true and correct copy of the original policy. This requirement shall survive
expiration or termination of this Agreement.
G) lf at any time during the life of the Agreement or any extension, Tow Operator fails to maintain the
required insurance in full force and effect, all work under this Agreement shall be discontinued
immediately until notice is received by City that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory to City.
Any failure to maintain the required insurance shall be sufficient cause for City to terminate thrs
Agreement.
H) lf Tow Operator should subcontract all or any portion of the work to be performed, Tow Operator
shall require each subcontractor to provide insurance protection in favor of the City, its officer,
officials, employees, agents and authorized volunteers in accordance with the terms of each of the
preceding paragraphs, except that the subcontractors certificates and endorsements shall be on file
with the Tow Operator and City prior to the commencement of any work by the subcontractor.
'14. Bills and Liens
Tow Operator shall pay promptly all indebtedness for labor, materials, and equipment used in performance of
the work. Tow Operator shall not permit any lien or charge to attach to the work or the premises, but if any does
so attach, Tow Operator shall promptly procure its release and indemnify, defend, and hold City harmless and
be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related
thereto.
15. Chanqe of Gontrol
Tow Operator agrees that if there is a change or transfer in ownership or control of the Tow Operator's business
prior to completion of this Agreement, unless such change or transfer is to "immediate family" as defined in
Fresno Municipal Code (FMC) section 3-101(e) and approved in writing by the Chief of Police, or his/her
designee, such change or transfer shall terminate this Agreement. This includes but is not limited to changes in:
Corporate Board Members, Managers, Directors, Treasurer, Trustees, or ownership interests. All changes or
transfers to "immediate family" must be approved by the Chief of Police, or his/her designee, prior to such
change or transfer in order for the Tow Operator to remain on the tow services list. Final written approval or
disapproval for the change or transfer in ownership or control will be given by the Chief of Police or his/her
designee. All "immediate family" members involved in the potential transfer and operation of the Tow Operator
shall be required to undergo a background check, review, and "Livescan" fingerprint screening. The "immediate
family" members involved in the change or transfer of ownership or control must also possess and keep current
all licensing certificates and insurance as required in this Agreement. The "immediate family" members who will
operate or otherwise be legally responsible for the Tow Operator will be required to execute a new TSA.
A) Tow Operator owners shall be directly involved in the day-to-day operations of their
business and shall not be directly involved in the towing-related business of any other tow
company on, or applicant for, the Tow Rotation List. Co-mingling of operations, business,
offices, board members, and finances is strictly prohibited.
B) lf terminated or suspended, Tow
termination, shall not be eligible
termination This section applies
Operator and/or its owner at the time of the suspension or
for a rotation listing for the duration of the suspension or
to the Tow Operator working in any capacity within any tow
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business or operating any tow business and to the tow business even if operated under new
ownership
C) Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow
Rotation List, excluding equipment which may be unavailable due to repairs or when there is a need
for equipment replacement and written approval is obtained from the Chief of Police or his/her
designee.
16. Force Maieure
Tow Operator shall not be in breach of this Agreement caused by any act of God, war, civil disorder,
employment strike or other cause beyond its reasonable control, provided Tow Operator gives written notice of
the cause of the delay to City within thirty-six (36) hours of the start of the delay and Tow Operator avails itself of
any available remedies.
17. Gonfidentialitv
Tow Operator agrees to maintain the confidentiality of all City and City-related records and information pursuant
to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term
of this Agreement. All such records and information shall be considered confidential and kept confidential by
Tow Operator and Tow Operator's staff, agents and employees.
18. Compliance with Laws
Tow Operator represents and warrants that services to be provided under this Agreement shall fully comply, at
Tow Operator's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and
regulations, including, but not limited to those issued by City in its governmental capacity and all other laws
applicable to the services at the time services are provided to and accepted by City. Tow Operator
acknowledges that City is relying on Tow Operator to ensure such compliance (collectively Laws). Tow Operator
agrees that it shall defend, indemnify and hold City and City lndemnitees harmless from all liability, damages,
costs, and expenses arising from or related to a violation of Laws.
19. Pricinq
The Agreement price shall include full compensation for providing all required services in accordance with the
Scope of Work attached to this Agreement, and no additional compensation will be allowed therefore, unless
otherwise provided for in this Agreement. Tow Operator shall pay the City Franchise Fees as listed in
Attachment "8", or "City Administrative / Franchise Fees", in accordance with Paragraph 25 of Attachment "A".
20. Terms and Conditions
Tow Operator acknowledges that the undersigned has read and agrees to all terms and conditions included in
this Agreement.
21. Severabilitv
lf any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions hereof shail remain in full force and effect and
shall in no way be affected, impaired or invalidated thereby.
22. Galendar Davs
Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless
otherwise expressly provided.
23. Attornev Fees
lf either party is required to commence any proceeding or legal action to enforce any term, covenant or condition
of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other
party its reasonable Attorney's fees and legal expenses.
24. lnterpretation
This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in
the matters dealt with in this Agreement. ln addition, each party has been represented by experienced and
knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel
despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have
not been influenced to any extent whatsoever in executing this Agreement by any other party hereto or by any
person representing them, or both. Accordingly, any rule or law (including California Civil Code section 1654) or
legal decision that would require interpretation of any ambiguities in this Agreement against the party that has
5
drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable
manner to affect the purpose of the parties and this Agreement.
25. Authoritv
The parties to this Agreement represent and warrant that this Agreement has been duly authorized and
executed and constitute the legally binding obligation of their respective organization or entity, enforceable in
accordance with its terms.
26. Emplovee Eliqibilitv Verification
Tow Operator warrants that it fully complies with all Federal and State statutes and regulations regarding the
employment of aliens and others and that all its employees performing work under this Agreement meet the
citizenship or alien status requirement set forth in Federal statutes and regulations. Tow Operator shall obtain,
from all employees performing work hereunder, all verification and other documentation of employment eligibility
status required by Federal or State statutes and regulations including, but not limited to, the lmmigration Reform
and ControlAct of 1986, 8 U.S C. 51324 et seq., as they currently exist and as they may be hereafter amended.
Tow Operator shall retain all such documentation for all covered employees for the period prescribed by the law
Tow Operator shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its
agents, officers, and employees from employer sanctions and any other liability which may be assessed against
Tow Operator or City or both in connection with any alleged violation of any Federal or State statutes or
regulations pertaining to the eligibility for employment of any persons performing work under this Agreement
27. Additional Terms and Conditions
A) Term of Agreement: This Agreement shall commence on December 28, 2014, and shall be
effective for three (3) years from that date, unless otherwise terminated by City.
B) Fiscal Appropriations: This Agreement is subject to and contingent upon applicable budgetary
appropriations being made by the City for each year during the term of this Agreement. lf such
appropriations are not forthcoming, the Agreement will be terminated without penalty. Tow
Operator acknowledges that funding or portions of funding for this Agreement may also be
contingent upon the receipt of funds from, and/or appropriation of funds by City. lf such funding
and/or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate
or modify this Agreement without penalty
C) Conflict of lnterest (Tow Operator): Tow Operator shall exercise reasonable care and diligence to
prevent any actions or conditions that result in a conflict with the best interest of City. This
obligation shall apply to Tow Operator, Tow Operator's employees, agents, relatives, and third
parties associated with accomplishing the work hereunder. Tow Operator's efforts shall include, but
not be limited to, establishing precautions to prevent its employees or agents from making,
receiving, providing, or offering gifts, entertainment, payments, loans, or other considerations which
could be deemed to appear to influence individuals to act contrary to the best interest of City.
D) Tow Operator Work Hours and Safety Standards: Tow Operator shall ensure compliance with all
safety and hourly requirements for employees, in accordance with federal, state, and City safety
and health regulations and laws.
E) Orderly Termination: Upon termination or other expiration of this Agreement, each party shall
promptly return to the other party all papers, materials, and other properties of the other held by
each for purposes of execution of the Agreement. ln addition, each party will assist the other Party
in orderly termination of this Agreement and the transfer of all aspects, tangible and intangible, as
may be necessary for the orderly, non-disruptive business continuation of each party.
F) Reprocurement Costs: ln the case of default by Tow Operator, City may procure the service from
other sources and, if the cost is higher, Tow Operator will be held responsible to pay City the
difference between the Agreement cost and the price paid. City may make reasonable efforts to
obtain the prevailing market price at the time such services are rendered. This is in addition to any
other remedies available under law.
G) Authorization Warranty: Tow Operator represents and warrants that the person executing this
Agreement on behalf of and for Tow Operator is an authorized agent who has actual authority to
bind Tow Operator to each and every term, condition, and obligation of this Agreement and that all
requirements of Tow Operator have been fulfilled to provide such actual authority.
6
28.
H) Notices: Any and all notices permitted or required to be given hereunder shall be deemed duly
given (1) upon actualdelivery, if delivery is by hand; or (2) upon delivery by the United States mail if
delivery is by postage paid registered or certified return receipt requested mail; or (3) through
electronic means such as, email or the Dispatch & Tracking Solutions Software System (DïS).
l) Data - Title to: All materials, dôcuments, data or information obtained from City data files or any
City medium furnished to Tow Operator in the performance of this Agreement will at all times remain
the property of City. Such data or information may not be used or copied for direct or indirect use
by Tow Operator after completion or termination of this Agreement without the express written
consent of City. All materials, documents, data or information, including copies, must be returned to
City at the end of this Agreement
J) Usage: No guarantee rs given by City to Tow Operator regarding usage of this Agreement Usage
fìgures, if provided, are approximate, based upon the last usage. Tow Operator agrees to supply
services and/or commodities requested, as needed by City, at prices listed in the Agreement,
regardless of quantity requested.
K) Tow Operator's Records: Tow Operator shall keep true and accurate accounts, records, books
and data which shall correctly reflect the business transacted by Tow Operator in accordance with
generally accepted accounting principles. These records shall be stored at the Tow Operators
principal place of business for a period of three (3)years after final payment is received by City.
L) Audits/lnspections: Tow Operator agrees to permit City's authorized representative (including
auditors from a private auditing firm hired by City) access during normal working hours to all books,
accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose
of auditing or inspecting any aspect of performance under this Agreement The inspection and/or
audit will be confined to those matters connected with the performance of the Agreement including,
but not limited to, the costs of administering the Agreement. City reserves the right to audit and
verify Tow Operator's records before or after final payment is made.
Tow Operator agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of records retention is stipulated under this Agreement or
by law. Tow Operator agrees to allow interviews of any employees or others who might reasonably
have information related to such records. Further, Tow Operator agrees to include a similar right to
City to audit records and interview staff of any sub-Tow Operator related to performance of this
Agreement.
M) Should Tow Operator cease to exist as a legal entity, Tow Operator's records pertaining to this
Agreement shall be forwarded to the Chief of Police or his/her designee
Disputes-Aqreement
A) The Parties shall deal in good faith and attempt to resolve potential disputes informally.
1) Tow Operator shall submit to the Chief of Police, or his/her designee, a written demand for a
final decision regarding the disposition of any dispute between the parties arising under,
related to, or involving this Agreement, unless City, on its own initiative, has already rendered
such a final decision.
2) Tow Operator's written demand shall be fully supported by factual information, and, if such
demand involves a cost adjustment to the Agreement, Tow Operator shall include with the
demand a written statement signed by a senior official indicating that the demand is made in
good faith, that the supporting data are accurate and complete, and that the amount
requested accurately reflects the Agreement adjustment for which Tow Operator believes City
is liable.
B) Pending the fínal resolution of any dispute arising under, related to, or involving this Agreement,
Tow Operator agrees to diligently proceed with the performance of this Agreement. Tow Operator's
failure to diligently proceed shall be considered a material breach of this Agreement
C) Any final decision of City shall be expressly identified as such, shall be in writing, and shall be
signed by the City Hearing Administrative Officer, or Chief of Police, or his/her designee, as
applicable. lf City fails to render a decision within ninety (90) days after receipt of Tow Operator's
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demand, it shall be deemed a final decision adverse to Tow Operator's contentions. City's final
decision shall be conclusive and binding regarding the dispute unless Tow Operator commences
action in a court of competent jurisdiction.
29. Breach of Aqreement
The failure of the Tow Operator to comply with any of the provisions, covenants or conditions of this Agreement
shall be a material breach of this Agreement. ln such event the City may, and in addition to any other remedies
available at law, in equity, or otherwise specified in this Agreement, undertake any of the individual actions or
any combination of the following actions:
1) Afford the Tow Operator written notice of the breach and ten calendar days or such
shorter time that may be specified in this Agreement within which to cure the
breach;
2) Suspend andlor remove Tow Operator from the rotation;
3) Terminate the Agreement immediately, without any penalty
The Parties hereto have executed this Agreement.
TOW OPERATOR:
á.'rl
TOW OPERATOR*:
*lf a corporation or limited liability company, the document must be signed by two corporate officers. The first signature
must be either the Chairman of the Board, President, or any Vice President. The second signature must be the
secretary, an assistant secretary, the Chief Financial Officer, or any assistant treasurers ln the alternative, a single
signature is acceptable when accompanied by a corporate document demonstrating the legal authority of the
signature to bind the company.
By
APPROVED AS TO FORM
DOUGLAS T. SLOAN
City Atto
r¿¡r.4ôx I\, ¿ott
ATTEST:
YVONNE SPENCE, CMC
City Clerk
By:: Date:
Date:
CITY OF FRESNO,
A municipal
8
tz/zz/ t+
ATTACHMENT A
SCOPE OF WORK
1. Scope of Work
Tow Operator shall perform the towing, and storage of vehicles as directed by the City, and in addition, such
other services as provided in this Scope of Work, and shall provide necessary storage facility, tow vehicles,
labor, materials, equipment, machinery, and tools The Tow Operator shall comply with all State laws and
regulations, applicable to tow units and impound, towing, storage, selling or junking of vehicles. Tow operators
must follow all guidelines set forth by equipment manufactures recommendations as to their use and care of all
towing related equipment. All permits and licensing fees as specified under California Vehicle Code (CVC)
sections 34620 through 34624 shall be in fullforce and effect at alltimes during this Agreement. Any violation of
this section will be considered a material breach of the Agreement and may result in immediate termination of
this Agreement.
2. Towinq Services and Duties
It shall be the duty of the Tow Operator, when so directed by the City, to provide prompt tow service for vehicles
which are taken into custody by the City. This includes vehicles involved in collisions or disabled by any other
cause, abandoned in public places or on private property. Vehicles impounded for evidence, impeding the flow
of traffic, or which for any other reason, are within the jurisdiction of the FPD. As required by law, Tow
Operators are to remove from the street all debris resulting from said collisions and to clean the immediate area
of such street (CVC section 27700(a)(1)). lt shall also be the duty to provide for the safety and security of those
vehicles and the contents thereof. These duties are inherent to the job and are to be included in the price of the
basic tow bill.
The tow truck operator shall provide a business card to the registered owner or driver for the vehicle being
towed. The business card shall contain the name, address and phone number of the tow company as well as
the link to the vehicle search system in DTS as follows: www.findmytow.com
Tow truck operators and/or drivers will not be permitted to drive an impounded or recovered stolen vehicle or
vehicle intended for storage from a FPD rotation call or special operation. Any exceptions must be at the
direction of the FPD officer in charge of the scene and should be limited to repositioning the vehicle to allow for
towing.
The City has designated two (2) tow companies for evidence impound tows and no other rotation tow company
shall maintain custody over these vehicles at any time. lf an officer impounds a vehicle for evidence and a non-
preference rotational tow is dispatched, it is the responsibility of the tow driver to verify with the officer on scene
as to whether a vehicle is to be held for evidence. lf it is determined that the vehicle is to be held for evidence,
the tow driver must immediately notify the officer on scene that the company is not authorized to handle
evidence impounds and an evidence tow company shall be dispatched. Tow Operator shall then contact the
Tow Unit on the same business day, or within the next business day if such tow occurs after regular business
hours. Acceptance of an evidence tow by a non-designated evidence tow company will result in disciplinary
action and full financial responsibility for all tow and storage fees for each violation.
lf terminated or suspended, Tow Operator and/or owner at the time of the suspension or termination, shall not
be eligible for a rotation listing for the duration of the suspension or termination. This provision applies to the
Tow Operator working in any capacity within any tow business or operating any tow business and to the tow
business even if operated under new ownership
Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow Rotation List,
excluding equipment which may be unavailable due to repairs or when there is a need for equipment
replacement and written notice has been obtained from FPD.
3. Special Operations
FPD conducts special operations coordinated through the Traffic Bureau throughout the year that requires tow
companies at the location of the special operation. Tow companies on the Tow Rotation List that are in good
standing with FPD may be invited to participate in these operations, provided they are willing to remain with the
special operation until its conclusion and forfeit any rotational tow calls (FPD, California Highway Patrol, or
other) received during the duration of the operation. "Good standing" shall mean that Tow Operator has not
violated, or is not in violation of the terms of this Agreement, the provisions of the FMC, State, or Federal law.
All special operations tows will be subject to the provisions of this Agreement. Tow Operator shall respond to a
I
special operation with a flatbed tow truck with the capability of towing (2) vehicles. No ride alongs will be allowed
on any special operations unless the ride along is the Tow Owner or a Tow Driver who is in training and has
been approved by FPD
4. Siqnage and hours of Operation
The storage yard or business office shall have a sign that clearly identifies it to the public as a towing service.
The sign shall have letters that are clearly visible to the public from the street and must be visible at night. All
storage facilities must be accessible to City personnel twenty-four (24) hours per day and seven (7) days per
week. The Tow Operator will provide customer service twenty-four (24) hours per day and seven (7) days per
week for the release of vehicles.
Tow Operator shall provide at least one person at a call station to respond and release vehicles within thirty (30)
minutes. Tow Operator shall maintain all signage required pursuant to CVC sections 22850.3 and 22651.07
and include an after-hours contact phone number for Tow Operator.
5. Response Time
Tow Operator shall respond to calls twenty-four (24) hours a day, seven (7) days a week, within the maximum
response time Iimits as established by the Chief of Police or his/her designee. A reasonable response time is
thirty (30) minutes or less, except during peak hours of 7:00 a.m. to g:00 a.m. and 4:00 p.m. to 6:00 p m.,
(Monday through Friday), when the required response time will be extended to forty-five (45) minutes or less
Tow Operator shall respond with a tow truck of the class required to tow the vehicle specified by the DTS
System.
6. Non-Response
The Tow Operator shall update the DTS System at the time of dispatch to a tow rotation request. lf the Tow
Operator is either unable to respond or unable to meet the maximum response time, the tow operator shall
immediately update the DTS System accordingly. lf, after accepting the call, the Tow Operator is unable to
respond or will be delayed in responding, the Tow Operator shall immediately update the DTS system
accordingly.
To decline or refuse to respond will be considered a non-response. Each non-response will be immediately
documented in the DTS System Each non-response will be logged by the DTS System and reviewed by the
City lf the fault for the non-response is attributed to other than the Tow Operator, the Tow Operator will be
placed back in the rotational list and called at the next opportunity in line.
One such breach, determined to be the fault of the Tow Operator, will be grounds for written reprimand which
may be subsequent to a meeting between the Tow Operator and the City. A second breach may be grounds for
a (30) thirty-day suspension of this Agreement. A third violation will be considered a material breach of the
Agreement and may result in immediate termination of this Agreement.
ln the case of suspension or termination, all vehicles then in storage at the time of the suspension or termination
remain protected under this Agreement as City's impounds and the Tow Operator is so bound The City will
have the option to remove and/or transfer stored vehicles.
When a Tow Operator will be temporarily unavailable to provide services due to preplanned/scheduled activity,
such as a vacation, maintenance, medical leave, etc., the Tow Operator will notify City in writing via the DTS
system at least forty-eight (48) hours in advance. City reserves the right to deny these requests to maintain
adequate service levels for tow operations. Failure to notify the City will be considered a non-response and a
matenal breach of this agreement.
7. StoraqeResponsibilities
It shall be the duty of the Tow Operator to provide impound and other storage service for all vehicles as directed
by the City. The Tow Operator shall be responsible for all vehicles, accessories and equipment thereon and all
personal property therein stored by Tow Operator. lt shall be the Tow.Operators' duty to protect such stored
vehicles, accessories, equipment, and property against all loss or damage by fire, theft or other causes. The
Tow Operator will have available for review by City personnel, all permits and proof of compliance to all local
zoning, special use, conditional use and special requirements, laws and regulation. lt is the responsibility of the
Tow Operator to ensure vehicles are stored in a secured facility.
8. Size and Location of Storaqe Facilitv
The tow yard shall be located within the City of Fresno's "Metropolitan Area." Metropolitan area is defined as
within the borders of Copper Avenue to the north, American Avenue to the south, DeWolf Avenue to the east,
_ 10 _
and Chateau Fresno to the west. Tow Operator shall be responsible for the security of vehicles and property at
the place of storage. At a minimum, a six (6) foot fence or enclosed secured area is required for outside
storage. A minimum of 5,000 square feet, or room for twenty (20) vehicles, shall be provided. All tow yards
located with the City of Fresno shall be in compliance with the FMC, current Directors Class #208 and shall
follow the current Development and Resource Management Department's Policy and Procedure C-002. lf the
tow facility is located outside the City of Fresno, the tow operator is required to provide written proof that the
yard is in compliance with the authorizing jurisdiction. Tow Operator is responsible for the reasonable care,
custody, and control of any property contained in towed or stored vehicles. The storage facility and business
office will be located at the primary storage yard and shall be maintained in a functional, clean and orderly
fashion. The facility shall have a telephone, on-site fax machine and the necessary computer equipment to
properly run DTS software and to send and receive email.
ln the event of criminal activity at a storage facility, the City may require the Tow Operator to take measures to
assist in preventing such crimes. These measures could include, but are not limited to: the yard being
illuminated during darkness, with security type lighting, to such a degree that visual observation of the entire
yard may be accomplished at alltimes, improved fencing and/or security patrols.
All vehicles stored or impounded as a result of a tow ordered by the City shall be towed directly to a towing
service storage lot unless the City, or in the case of a citizen's assist, a person legally in charge of the vehicle,
requests that it be taken to some other location.
All vehicles towed as a result of action taken by the City will be stored at the Tow Operator's principal place of
business unless directed othenivise by the City's Tow Coordinator. Vehicles stored at an auxiliary storage facility
will be considered a breach of this Agreement. The Tow Operator shall not remove personal property from a
stored vehicle. lf the registered owner removes personal property from a stored vehicle, the Tow Operator will
maintain documentation of such and will require a signed receipt from the registered owner for property
released. The Tow Operator shall immediately notify the City if any contraband, weapons or hazardous
materials are found in the vehicle(s)
9. Enclosed Facilitv
The Tow Operator may maintain, without charge to the City or any other person, separate and enclosed garage
facilities no less than 1,000 square feet of clean working space. The facility must be constructed to include a
roof and at least four walls of substantial design to withstand the elements and protect the vehicles from the
weather. The facility should have a concrete floor and sufficient lighting. This inside facility must be located at
the Tow Operator's primary storage yard. This inside facility is not required to qualify for the City's rotation,
however, when inside storage is requested for a particular vehicle, the next Tow Operator in line meeting the
needs of the City's request will be used.
10. DTS Requirements
Tow Operator shall utilize the most recent, updated and upgraded DTS software program, to dispatch and track,
via a web-based lnternet connection. Tow Operators will be required to enter the towed vehicle information as
instructed by the City At no time will a vehicle be released, subject to lien, or junked from impound without all
required data fields being entered into the DTS system by the Tow Operator. The Tow Operator shall clearly
identify and enter into DTS the name of the person to whom the vehicle was actually released. All City tow
requests shall be made utilizing this program. Failure at any time to have the DTS program in full operation shall
cause the immediate removal of the Tow Operator from the tow rotation and be grounds for immediate
termination by City. Tow Operator must enter into a separate agreement, or license for the DTS software
program with the owner of that proprietary software. The City shall not provide the DTS software program, any
licensing or sub-licensing thereof or any intermediary services for the procurement by Tow Operator of the DTS
software program This Agreement shall not be executed by the City until Tow Operator has demonstrated to
the City's satisfaction compliance with the requirements set forth herein. Tow Operator shall be liable for all
fees, charges, prices, rates and service charges required from DTS. DTS shall be utilized in "real time" and all
entries should reflect as such. lnvoices shall be used from DTS when releasing vehicles and be pursuant to
section 22651.07 of the CVC. The only Tow Operator personnel authorized to utilize and access DTS are those
that have fully complied with the provisions set forth in Section 12, "-f ow Operator Personnel" of this Agreement.
lf the Tow Operator is not in FULL compliance with the above stated requirement, the Tow Operator will be
removed from the City towing rotation. ln the event that DTS fails to provide software services, or the City elects
to utilize a new software provider, the Tow Operator will be required to use the replacement towing software
system. lf that occurs, all references to DTS in this Agreement shall instead be interpreted as references to the
new software program.
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11. Official Notification bv Citv Reoardinq Tow
Official notification by City regarding tow services is considered any form of written, email, verbal instructions or
notifications received from an authorized City employee or electronic notice from the DTS program. lf the Tow
Operator receives verbal instructions or notifications from a City employee the Tow Operator must respond to
City, by 5:00 p m (PST) on the next business day
12. Tow Operator Personnel
A.) Conduct
The Tow Operator shall perform the services required of it in an ethical, orderly manner, endeavoring to
obtain and keep the confidence of the public. At no time will the Tow Operator or its agent or any
employee of the Tow Operator exhibit any of the following behavior: rudeness, or othenivise being
uncooperative, argumentative, threatening, incompetent or acting in a dangerous manner with any City
employee, or with any member of the public. The City reserves the right to cancel an individual tow
assignment, if in the opinion of the City, the Tow Operator is acting in a rude, uncooperative,
argumentative, threatening, incompetent or dangerous manner The City also reserves the right to cancel
an individual tow assignment if in the opinion of the City the Tow Operator is likely to damage the vehicle
for which the tow service was called. Other examples of unacceptable behavior include but are not limitedto: profanity, abusive language, disconnecting telephone calls for public inquiries regarding a tow,
threatening, aggressive, or assertive language, failure to provide timely information or documents in
response to a public or City inquiry, lack of respect to any City personnel or member of the public,
destruction or damaging of evidence, failure to comply with the reasonable request of a member of the
public, failure to release vehicle in a timely manner, failure to make appointment for release of vehicle
during evening or weekend hours, failure to promptly be on site at time of appointment for release of
vehicle during evening or weekend hours, impeding an investigation or any other conduct which the City
deems unprofessional.
lf the Tow Operator is found to be in violation of this conduct clause, the City will cancel the Tow Operator
and request the next Tow Operator in rotâtion. Any such behavior as set forth above shall be considered
a material breach of this Agreement and may be grounds for immediate suspension or immediate
termination by the City, without penalty.
B.) PersonnelAppearance
Tow Operators shall be required to furnish their employees with a distinctive company uniform. Each
uniform shall have the firm's name, as well as the employee's name, in a conspicuous place. The tow
company's name and driver's first name shall be clearly visible at all times, meaning that protective or
inclement weather outer garments must meet this standard Each employee shall have sufficient uniforms
so as to maintain a neat, clean appearance at all times. Minimum requirements for uniforms include a
shirt, long pants, and appropriate safety shoes. All drivers shall be in uniform before any towing or service
operation begins. No wording, designs, photos, gestures, or anything that could be considered offensive
or obscene to the general public shall be displayed by the Tow Operators or on any part of the uniform.
Dress standards are required in order to project a professional and positive image to the public.
All employees must be neat, clean and well groomed in appearance. ln order to ensure a professional
appearance, all tattoos must be concealed by operators while working Personnel will be required to
conceal any tattoos with gloves, collars, long sleeves, or by other means acceptable to the City. Facial
tattoos of any variety are not permitted. No facial piercings shall be worn while on duty.
Drivers shall wear safety vests or reflectorized clothing that conforms to Occupational Safety and Health
Administration (OSHA) requirements Alternatively, the OSHA safety requirements may be incorporated
into the uniform, jacket, or rain gear, as long as these items are worn as the outermost garment.
C.) UnlawfulActivitv
The Tow Operator or it's employees shall not be involved, nor shall the Tow Operator or its employees
become involved in any agreement or activity whether verbal, written or conveyed in any other manner,
any activity or business venture which may be construed as unlawful. lf the City deems the involvement
to be unlawful, the City may immediately terminate this Agreement.
The Tow Operator shall not provide any direct or indirect commission, gift or any compensation to any
person or public or private entity, in consideration of arranging or requesting the services of a tow truck as
provided in section 12110 of the CVC.
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No Tow Operator will be involved or solicit any compensation of any kind including but not limited to
involvement with any other company or business that might result in income or consideration as a result of
any activity initiated by the City.
An example of such a prohibited involvement could include but is not limited to: financial reimbursement
by auto-body repair business for referrals, or towing directly from the scene of a collision to the auto-body
shop without prior unsolicited approval or request by the registered owner, driver or insurance company
representative of the damaged vehicle; kickback to or from a security company or homeowner's
association for "finding" or towing a vehicle from a location, whether private property, public, off street
parking facility or a public roadway. Violation of this provision shall be grounds for immediate termination
by City, without penalty.
D.) Personnel Licenses
Tow Operators providing services under this Agreement, including tow truck drivers, dispatchers and other
office personnel, will have sufficient knowledge, experience and capability to ensure safe and proper
discharge of their service responsibilities. lt will be the responsibility of the Tow Operator to ensure that all
of its personnel will be properly licensed in accordance with sections 12500, 12520, and 12804 9 of the
CVC. All tow truck drivers and tow truck operators shall be enrolled in the "Pull Notice" program as defined
in CVC section1808.1 et seq.. Drivers must complete a CHP approved Tow Operator Course every five
(5) years and copies of completion of the course shall be sent to the City. All Tow Operators and
personnel shall have no criminal record which would preclude them from being placed in a position of trust
while in the service of a law enforcement agency or any crime listed below under the heading of "Criminal
Record."
E.) Fingerprints
All owners and employees who have not previously submitted their "LiveScan" fingerprint samples shall
submit their "LiveScan" fingerprint samples, at their own expense, through the City prior to being awarded
this Agreement, for the purposes of verifying their criminal history with the Department of Justice.
Failure to provide information regarding the identity of the owner, employee, or anyone else with a
financial interest in the Tow Operator will result in termination of this Agreement. The Tow Operator will
provide the City with information regarding any change in employee status immediately and update DTS
to reflect such changes. Failure to comply may result in further disciplinary action, and will be considered
a breach of this Agreement.
After execution of this Agreement, no person shall be employed by the Tow Operator or perform any
service under this Agreement until the background record check and "LiveScan" is completed and
approved by the City and said employee has received their identification badge from the City.
Notwithstanding the foregoing, Tow Operators and owners that have towed for the City under the previous
Tow Service Agreement and have completed a new background and "LiveScan" check will be allowed to
continue to tow for the City until such time as the results of the background and "LiveScan" submissions
are reviewed and approved by the City.
Any employee of the Tow Operator that has left employment with said Tow Operator and returned and
been rehired must complete an additional background check before performing services pursuant to this
Agreement
F.) Criminal Record
A conviction of anyone with a financial interest in the Tow Operator, or any employee of the Tow Operator,
including but not limited to any of the following offenses, may be cause for denial of application or
termination of this Agreement:
. Any crimes listed in California PenalCode section 290o DUI-Within 5 years of the Date of Fingerprinting. Vehicle theft. Fraud. Stolen Property
. Crimes of Violence. Any felony crime relating to narcotics or any controlled substance
. Any other crimes enumerated in CVC section 2432.3
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. Actively on parole or on any form of probation
. Crime of moral turpitude. Sex, Arson, Narcotics Registrant
. Other felony conviction
The City is not required to provide any reason, rationale or factual information in the event it elects to deny
application or remove any of Tow Operator's personnel from providing services for the City under this
Agreement. Tow driver or employee applicants denied under this section may appeal to the Chief of
Police or his/her designee All decisions by the Chief of Police, or his/her designee, are final.
ln the event the Tow Operator or employee is convicted or is under investigation, the Tow Operator may
be given the opportunity to replace that employee without prejudice to the Agreement Nothing shall
prohibit the City from removing, suspending or terminating the Agreement. lt will be the responsibility of
the Tow Operator to provide the City with updated information regarding any illegal activity, arrest(s) or
conviction of any Tow Operator and/or employee. For the purpose of this section, any conviction or plea
of guilty or nolo contendre, even to any lesser-included offense, are considered convictions. Failure to
provide information regarding the identity of the employee, or anyone else with a financial interest in the
Tow Operator will result in termination of the Agreement Failure to provide information to the City of any
information regarding the conviction of any of the above crimes may also result in termination of the
Agreement.
G.) ldentificationBadges
Each tow truck driver or employee of the Tow Operator shall wear, in plain view an identification badge,
authorized and issued by the City to that employee, while on any call for service where the City is
involved. lf a tow truck driver responds to a scene without his authorized name badge, the tow truck
driver will be dismissed from the scene and the next Tow Operator in rotation will be called. Failure to
carry an identification badge will be considered a violation as stated in Section 3'1, "Disciplinary Action," of
this Agreement. The purpose of these badges will be to identify those employees of the Tow Operator
who have been fingerprinted by the City and have passed the record check by the Department of Justice.
All identification badges are the property of the City and will be returned by the Tow Operator to the City
within forty-eight (a8) hours of an employee's separation. Tow Operator will provide a current list of all
staff including drivers, dispatchers, etc Anytime there are any changes to this list, the City is to be notified
by the next business day and provided with an updated and current list.
13. Tow Operator Licensinq and Certification
All licensing and certifications required by Federal, State and local authorities shall be maintained current and
valid at all times as required in CVC sections: 34507.5, 34600 et seq, 34620, and 12111, and sections 7231 et
seq, of the California Revenue and Taxation code. Failure to have any required license or certification, including
any driver who fails to have an appropriate class of license, may be grounds for immediate termination by City
without penalty.
14. Inspection
All real property and improvements thereon, and all vehicle facilities, equipment and materials used by the Tow
Operator in the performance of the services required herein shall be open to inspection by the City or its
authorized representative, and will be subject to no less than one annual inspection. Additional inspections may
be conducted without notice during normal business hours. lnspections may include, but are not limited to, all
books, accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose of auditing
or inspecting any aspect of performance directly related to this Agreement. ln the event that the City determines
that the real property and improvements thereon are insufficient, derelict or fail to meet the requirements as
called out in this Agreement, this Agreement may be terminated by City immediately, without penalty.
15. Vehicle and Equipment Requirements
Tow vehicles will be maintained in compliance with sections 24605, 25253, 25300, 27700 and 27907 of the
CVC. Tow vehicles will be of at least 14,000 lbs. GVWR with dual rear wheels, with the abílity to tow two (2)
vehicles, or a vehicle and/or a trailer. Tow vehicles must have two-way communication capabilities and the
ability to communicate and connect with the DTS System at all times. The Tow Operator shall have equipment
capable of towing from off-road areas, towing from underground facilities, and recovery services with an
adjustable boom with at least five tons of lifting capacity. ln addition to the conventional wheel lift towing
capabilities, the Tow Operator shall maintain at least one or more flatbed or rollback trucks with a minimum of
fifty (50) feet of cable, and the required safety equipment. Unless othenvise specified by the City, all Tow
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Operators shall respond to a tow service request with a flatbed or rollback truck as specified above. At the
discretion of the tow operator, a wrecker may be used to respond to a tow service request. lf for any reason the
Tow Operator is unable to complete the tow service request with the wrecker, the Tow Operator will not be
placed back on the top of the rotation list and a new Tow Operator will receive the tow service request.
A 3-axle or 25{on truck is not required equipment. However, Tow Operators that possess this equipment will be
placed on a heavy-duty tow rotation list.
All trucks must have the required emergency lighting, portable stop and tail lamps, a broom, shovel, fire
extinguisher (rating 4-8, C), a utility light, reflective triangles, a large pry-bar, covered trash cans with approved
absorbent, rags, unlocking equipment, dollies (boom trucks), chains, and/or tie downs.
Wheel lift trucks will maintain at least 100 feet of cable and all safety equipment as required by the
manufacturer.
Tow vehicles must have a cable winch of sufficient size and capacity to retrieve vehicles that have gone off
traveled portions of roadways into inundated areas or other inaccessible locations. Winches must have visible
lD tags designating the model, make, serial number, and rated capacity.
All tow trucks used in City tows will be subject to a yearly inspection. This does not preclude the City from
conducting random inspections throughout the year.
16. Vehicleldentification
Tow vehicles shall display identification signs in compliance with section 27907 of the CVC. The Tow Operator
shall not display any sign or advertising material that indicates that his tow vehicles are an official police service
of the City
17. Charqes and Fees to be collected from Reqistered Owners
All rates and charges shall be conspicuously posted in the office and in all tow vehicles These rates shall quote
complete charges and fees with no additional fees to be added at a later date These rates will be available for
review by City personnel and/or the person for whom tow service is provided. All fees collected shall be itemized
and invoiced in DTS in accordance to section 22651.07 of the CVC. lt will be the Tow Operator's responsibility
to collect his bill for service, and the City will not be responsible in any way for these charges. Storage fees will
be calculated on the calendar day except the first 24-hours which is counted as a single day in accordance with
California Civil Code (CCC) 3068.1 (see Attachment B) Allfees listed on the DTS invoice will be received in the
form of major credit card, debit card, or cash. All fees collected, both City and Tow Operator fees, must be
invoiced through the DTS system prior to release and at the time of payment. No credit card fees will be
charged pursuant to CVC section 22651.1 and CCC section 1748.1 for any portion of the fees. The City
reserves the right to change all payment methods during the term of this agreement.
18. Lien Fees
At no time shall the City be charged a lien fee on a towed or impounded vehicle. No lien shall be attached to
any vehicle that has been impounded by the City until after seventy-two (72) hours from the time of storage as
listed in the DTS system have passed pursuant to section 22851.'12 of the CVC. All lien transactions must be
entered into the DTS system by Tow Operator. Vehicles sold at lien sale shall abide by all laws relating to lien
sales. A vehicle held in impound by the City for thirty (30) days, shall not be sold at lien until such time as is
considered reasonable to allow the registered owner time to pay for and pick up the vehicle before it is sold at
lien, but under no circumstances before the thirty-fifth (35th) day after storage.
The Tow Operator shall abide by all applicable statutes and ordinances concerning disposal of unclaimed
vehicles, including but not necessarily limited to CVC sections 22670,22851',22851.1;22851.2,22851.3,
22851 .4', 22851 .6: 22851 .8: 22851 .1 0, 22851 .12 and 22852.5.
As described in CVC sect¡on 22856, liability for despoliation of evidence shall not arise against the Tow
Operator that sells any vehicle at, or disposes of any vehicle after, a lien sale, as long as the Tow Operator can
show written proof that he was notified in writing by the City that the vehicle would not be needed as evidence in
a legal action. ïhis proof may exist in the form of an official release in the DTS System or any other written
conveyance signed by a member of the City prior to the official, written release of the vehicle.
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19. Reasonableness and Validitv of Fees
Fees charged to the registered owner or any other person for response to calls originating from the City shall be
reasonable and not in excess of those rates charged for similar services provided in response to requests
initiated by any other public agency or private person. During the term of this agreement, the City shall conduct
an annual review each December of towing and storage fees of comparable cities and adjust rates set forth in
Attachment B by the first week of January of the following year.
20. Towinq Operation
All tows performed under this Agreement will be included in the flat rate charge as described in Attachment B.
No additional charges shall be charged without prior approval from the City and written notice is provided in the
DTS System. Any unapproved charges received outside the DTS System will result in immediate termination of
this Agreement and removal from the rotation list.
The Tow Operator shall base towing charges upon the class of vehicle being towed regardless of the class of
the truck used, except when vehicle recovery operations require a larger class truck. The Tow Operator may
refer to the tow truck classes and weight ratings as defined by the Towing & Recovery Association of America
(TRAA) vehicle identification guide.
21. Service CallRotation and Fees
The City shall establish a separate rotation list for Tow Operators willing to respond to service requests (out of
gas, lockouts, tire changes, etc.) Rates for a service requests shall not exceed one-half the flat rate charge for a
light duty truck response.
22. Gate Fees
No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding State
recognized holidays as listed below:
New Year's Day
Martin Luther King Day
Presidents'Day
Cesar Chavez Day
Memorial Day
lndependence Day
Labor Day
Veterans'Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
An after hours gate fee may be charged at all other times. The gate fee is not to exceed fifty percent (50%) of
the flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal
property recovery that occurs outside normal business hours (excluding lien fees, storage fees, taxes, or other
additional fees.) The Tow Operator is responsible for assuring that proper gate fees are charged in accordance
with this section. Over charging gate fees will be considered a major violation as outlined in Section 30.
All towing and storage fees charged by the Tow Operator are the responsibility of the vehicle's owner and are
not the responsibility of the City. The exception would be evidentiary impounds made at the direction of City
personnel.
23. Cancelled Tow
The City shall not be liable to pay the Tow Operator or anyone else any charge or other fee for a call that does
not result in a chargeable service being rendered by Tow Operator ("Dry Run"). The cancelled Tow Operator
shall be placed back on the top of the rotation list and will receive the next tow in rotation.
24. Towed in Error
ln the event the City determines that an error has occurred in impounding a vehicle, it shall be immediately
released to the registered owner without charge and the Tow Operator will be placed back on the top of the
rotation list and will receive the next tow in rotation. ln addition, the Tow Operator will be given one extra tows
on the rotation list. Additional extra tows may be given at the discretion of the Tow Unit.
25. Release Fees
California law authorizes the recovery of funds required to enforce certain provisions of the CVC and promote
traffic safety on public roadways. This authorization falls under CVC section 22850.5 and further authorized by
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City resolutions. These resolutions are open to public view at the City and/or City offices and are on file with the
City's Traffic Bureau The Tow Operator will collect fees on the behalf of the City from the registered owner,
legal owner or agent of an impounded car.
A City administrative / franchise fee will be charged for the release of a vehicle that has been impounded by the
City. Fees will be established by an independent consulting firm to determine the City's costs associated with
impounding vehicles in accordance with CVC sections 22850.5 and 12110(b). All vehicles impounded will be
charged an administrative / franchise fee for the release of the vehicle. This fee will be established and attached
to each vehicle in the DTS System. The City's administrative fees will be collected at the time of the release by
the Tow Operator. The Tow Operator will pay the City's franchise fees equivalent to the City's administrative
fees for every vehicle that is not picked up by the owner or agent. The Tow Operator will pay the City's
administrative / franchise fees for every City vehicle that was towed during the preceding month and will pay the
City no later than 12:00 p.m. on the 15'n of the following month, regardless of the disposition of the vehicle. ln
the event that the 15'n of the month falls on one of the State recognized holidays listed in Section 22 above, or a
weekend, the City's administrative/franchise fee must be paid by 12:00 p.m. on the following business day. Tow
Operators who fail to submit the City's administrative / franchise fees to the City by the 15'n day of each month
will be immediately suspended from rotation until all fees are received, and will be subject to appropriate
disciplinary action and civil recourse. The City will keep a strict accountrng of these fees through the DTS
System and frequent audits will take place to ensure accurate and timely payment of collected City
administrative / franchise fees. The fee will be listed as an item on the owner's / agent's DTS contractor invoice.
26. UnauthorizedRelease
Unauthorized release of an impounded vehicle, accidental or otherwise, having evidentiary value, not officially
released by the City, and determined to be the fault of the Tow Operator, will result in the issuance of a major
violation as set forth in this Agreement. The determination of such fault will be the responsibility of the City.
27. Release of Multi-Dav lmpounds
A vehicle impounded with a multiple day hold may only be released prior to the impound period with written
authorization by the City in the DTS System The DTS System will automatically schedule the release of an
impounded vehicle.
28. Release of Vehicles
Vehicles may only be released through the DTS System. Once the DTS System authorizes the release of a
stored or impounded vehicle, it is the Tow Operator's responsibility for the vehicle's release. The Tow Operator
is hereby granted authority to release to the registered owner, legal owner, or authorized representative,
pursuant to section 22850.3 of the CVC At the time of release, the Tow Operator shall have the registered
owner, legal owner, or authorized representative taking possession of the vehicle sign a release indicating that
they are properly licensed and insured to drive a motor vehicle.
29. DisciplinarvAction
The Chief of Police, or his/her designee, shall take disciplinary action against Tow Operators for violations
investigated and sustained. Unless otherwise noted, the Chief of Police, or hisiher designee, will determine the
period of suspension and shall retain discretion regarding the length of any suspension imposed pursuant to the
terms and conditions of this Agreement. The City shall retain record of violations for at least the term of this
Agreement.
30. Maior violations
Majorviolations include any chargeable offense under Federal, State, Local Law and significant violations of this
Agreement. Such violations shall result in suspension or immediate termination of this Agreement The Chief of
Police, or his/her designee, reserves the right to impose longer periods of suspensions or immediate
termination, if deemed appropriate in his/her sole discretion. The Chief of Police, or his/her designee, reserves
the right to remove a Tow Operator from the tow rotation during the investigation of a major violation. A
reinstatement from suspension for a major violation will result in a five hundred dollar ($500.00) fee. Suspension
will not be lifted until the reinstatement fee is received by the Chief of Police or his/her designee. ln addition, a
major violation may also result in the Tow Operator's employee being removed from participation in this
Agreement. Examples of major violations include, but are not limited to.
. Physical assault, against public and/or law enforcement
. Verbal abuse against public and/or law enforcement
¡ Resisting arrest. Tow Truck Driver under the influence of alcohol or illegal drugs
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. Charging rates that exceed those listed in Attachment B. Vehicle released without authorization
. Unauthorized access to storage yard
. Theft. Mishandling of vehicles stored as evidence. Unauthorized driver responding to call
¡ Failure to provide information or change of status on any Tow Operator employee or staffo Substantiated private party impound complaints
. Any Felony/Misdemeanor arrest. Refusalto take a rotational towo Failure to utilize the DTS System for all City towing related matters
. Repeated late or nonpayment of City franchise fees
¡ Failure to properly secure storage yard
. Failure to obey a lawful order by law enforcement
31. Minor violations
Minor violations will be given to the Tow Operator in the form of a documented warning for the first violation. The
second violation will be in the form of a documented reprimanded and a one hundred dollar ($100.00) fine.
Repeated minor violations during the term of the Agreement may be treated as a major violation, and the Tow
Operator will be suspended or terminated from this Agreement. A reinstatement from suspension will result in a
five hundred dollar ($500.00) fee. Suspension will not be lifted until the reinstatement fee is received by the
Chief of Police or his/her designee. Examples of minor violations include, but are not limited to.
. Late payment of City franchise fees. Tow truck drivers not wearing City issued I D. cards/ proper uniform. Unauthorizedarrival time in excess of thirty (30)minutes, orforty-five (45) minutes during peak hours. Repeated rejection of dispatched calls. Other violations of this Agreement not considered a major violation by the Chief of Police or his/her
designee. Unauthorizedride-a-long. Failure to respond to customers' needs
. Failure to maintain proper equipment. Failure to clean up at a collision scene
. Vehicle code infractions
32. Hearinq/Appeal
Tow Operator must have a legal existing interest in the tow operation or entitlement subject to the City order,
citation, decision or determination to have standing to appeal a decision by the Chief of Police or his/her
designee. An appeal that fails to identify the appellant's standing may be rejected as defective.
ln the event FPD serves Tow Operator with disciplinary action amounting to anything less than a suspension
resulting from a minor violation, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow Unit.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension for thirty (30) days or
less resulting from a minor or major violation, the Tow Operator may request a hearing within fifteen (15)
calendar days by submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow
Unit. Upon receipt of a written request for an appeal, and at the discretion of the Chief of Police, or his/her
designee, the Tow Operator may be allowed to continue rotational tows until the final disposition of the appellate
hearing.
ln the event FPD serves Tow Operatorwith disciplinary action amounting to a suspension in excess of thirty (30)
days, or termination of the TSA, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Administrative Hearing Officer by way of the City Manager's Office. The
written appeal shall be in compliance with FMC sectionsl-407 and 9-1712. Notwithstanding any provision
within Chapter 1, Article 4 of the FMC, any person who appeals a suspension in excess of thirty (30) days, or a
termination of the TSA shall not be entitled to placement on the Tow Rotation List or to participate in tows until
such time as any appeal hearing has been concluded and the Administrative Hearing Officer finds that no
grounds for a suspension in excess of thirty (30) days, or a termination of the TSA has been established. Tow
Operator's remedy shall be limited to reinstatement on the tow rotation list in such case and no other
compensation or consideration will be allowed.
18 -
ATTACHMENT B
TOW FEES
Flat price per vehicle per call:
Light Duty Tow/Flatbed $ 184.00/Each
Medium Duty Tow $ Average CHP Rates Apply
Heavy Duty Tow $ Average CHP Rates Apply
Water Recovery: $ Average CHP Rates Apply
Technoloqv Fee:
DTS Software Fee per Vehicle Towed $ Charge listed in DTS Contract and DTS System
Storaqe Rates:
Passenger cars $ 45.00/per day
Motorcycles $ 45.00/per day
Trucks or Trailers $ Average CHP Rates Apply
lnside Storaoe Rates:
Passenger cars $ 55.00/per day
Motorcycles $ 55.00/per day
Trucks or Trailers $ Average CHP Rates Apply
Gate Fee: No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding
State recognized holidays as listed in the Agreement.
An after hou rs gate fee may be charged at all other times. The gate fee shall not exceed fifty percent (50%) of the
flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal property
recovery that occur outside normal business hours (excluding lien fees, storage fees, taxes, or other additional
fees).
Non-tow service calls (out of gas, lockouts, and flat tires) shall not exceed one-half the flat rate charge for a light
duty truck response
City of Fresno Administrative / Franchise Fees:
Vehicle Collision Blocking a Roadway $ 60.00
lllegally Parked / Abandoned Vehicle $116.00
Unlicensed Driver / Expired Registration $189.00
Arrested / Suspended Driver $266.00
DUI Driver $450.00
All fees listed on the DTS invoice will be received in the form of major credit card, debit card or cash. No
credit card fee will be charged pursuant to CVC section 22651.1 and CCC section 1748.1.
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CITY OF FRESNO
NON-EXCLUSIVE FRANCHISE TOW AGREEMENT
FOR FRESNO POLICE DEPARTMENT
This Non-exclusive Franchise Tow Agreement (TSA) is entered into effect on the 28th day of December 2014 set
forth below, at Fresno, California, between the City of Fresno, a municipal corporation (City) and Johnson Bros
Tow, a sole proprietorship (the Tow Operator).
This Agreement, including all attachments, contains rules and regulations that a tow company agrees to comply
with in order to participate in the tow operations of the City of Fresno Police Department (FPD). Participation in
the FPD Rotation Tow Program (Tow Program) is voluntary. Compliance with all of the terms and conditions of
the Agreement is mandatory for tow companies participating in the Tow Program A Tow Operator, by agreeing
to participate in the Tow Program, is not acting as an agent for FPD or City when performing services unðer thii
Agreement.
1. Governing Law and Venue
This Agreement shall be governed by, and construed enforced in accordance with, the laws of the State of
California excluding, however, any conflict of laws rule which would apply the law of another jurisdiction Venue
for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any
rights and duties hereunder shall be the County of Fresno, California.
2. Entire Aqreement
This Agreement, its attachments and exhibits, when accepted by the Tow Operator either in writing or
commencement of performance hereunder, contains the entire Agreement between the parties with respeót to
the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forthherein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by
C.ity in writing.
3. Amendments
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the
parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties;
and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in
writing.
4. Assiqnment or Sub Gontractinq
The terms, covenants, and conditions contained herein shall apply to the parties. Furthermore, neither the
performance of this Agreement nor any portion thereof may be assigned or subcontracted by Tow Operator
without the express written consent of City. Any attempt by Tow Operator to assign or subcontract the
performance or any portion of this Agreement without the express written consent of City shall be invalid and
shall constitute a breach of this Agreement
5. PatenUCopvriqhtMaterials/Proprietarvlnfrinqement
Unless otherwise expressly provided ín this Agreement, Tow Operator shall be solely responsible for obtaining a
license or other authorization to use any patented or copyrighted materials in the performance of this
Agreement. Tow Operator warrants that any Software as modified through services provided hereunder will not
infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Tow Operator
agrees that, in accordance with the more specific requirement below, it shall indemnify, defend and hold City
and City Indemnitees harmless from any and all such claims and be responsible for payment of all costs,
damages, penalties and expenses related to or arising from such claim(s), including, but not limited to,
attorney's fees, costs and expenses.
6. Non-Discrimination
ln the performance of this Agreement, Tow Operator agrees that it will comply with the requirements of section
1735 of the California Labor Code and not engage nor permit any Tow Operators to engage in discrimination in
employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, marital status, or sex of such persons. Tow Operator acknowledges that a
violation of this provision shall subject Tow Operator to all the penalties imposed for a violatioñ of anti-
discrimination law or regulation, including but not limited to, section 1720 et seq. of the California Labor Code
1
7. Termination
ln addition to any other remedies or rights it may have by law, City has the right to terminate this Agreement
without penalty immediately with cause and either party may terminate after thirty (30) days written notice
without cause, unless otherwise specified. Cause shall be defined as any breach of this Agreement or any
misrepresentation or fraud on the part of the Tow Operator. Exercise by City of its right to terminate the
Agreement shall relieve City of all further obligation.
L Gonsent to Breach Not Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or
consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any
party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver
of, or excuse for any other different or subsequent breach.
9. Remedies Not Exclusive
The remedies for breach set forth in this Agreement are cumulative as to one another and as to any other
provided by law, rather than exclusive; and the expression of certain remedies in this Agreement does not
preclude resort by either party to any other remedies provided by law.
10. lndependent Tow Operator
Tow Operator shall be considered an independent Tow Operator and neither Tow Operator, its employees nor
anyone working under Tow Operator shall be considered an agent or an employee of City Neither Tow
Operator, its employees nor anyone working under Tow Operator, shall qualify for workers' compensation or
other fringe benefits of any kind through City.
11. Performance
Tow Operator shall perform all work under this Agreement, taking necessary steps and precautions to perform
the work to City's satisfaction. Tow Operator shall be responsible for the professional quality, technical
assurance, timely completion, and coordination of all documentation and other goods/services furnished by Tow
Operator under this Agreement. Tow Operator shall: perform all work diligently, carefully, and in a good and
workman-like manner; furnish all labor, supervision, machinery, equipment, materials, and supplies necessary
therefore, at its sole expense obtain and maintain all permits and licenses required by public authorities,
including those of City required in its governmental capacity, in connection with performance of the work; and, if
permitted to subcontract, be fully responsible for all work performed by sub-Tow Operators.
'12. Indemnification
A) Tow Operator shall indemnify, hold harmless and defend City and each of its officers, officials
employees, agents and authorized volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to
personal injury, death at any time and property damage) incurred by City, Tow Operator, or any
other person, and from any and all claims, demands and actions in law or equity (including
attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of
performance of this Agreement Tow Operator's obligations under the preceding sentence shall
apply regardless of whether City or any of its officers, officials, employees, agents or authorized
volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or
damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any
of its officers, officials, employees, agents or authorized volunteers.
B) lf Tow Operator should subcontract all or any portion of the work to be performed under this
Agreement, Tow Operator shall require each subcontractor to indemnify, hold harmless and defend
City and each of its officers, officials, employees, agents and authorized volunteers in accordance
with the terms of the preceding paragraph.
C) This section shall survive termination or expiration of this Agreement.
13. lnsurance
A) Throughout the life of this Agreement, Tow Operator shall pay for and maintain in full force and
effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted
by the California lnsurance Commissioner to do business in the State of California and rated not
less than 'A-Vll' in Best's lnsurance Rating Guide, or (ii) authorized by City's Risk Manager. The
following policies of insurance are required:
2
5)
B)
1) COMMERCIAL GENERAL LIABILITY insurance which shall be on the most current version of
lnsurance Services Office (lSO) Commercial General Liability Coverage Form CG 0O 01 and
include insurance for "bodily injury," "property damage" and "personal and advertising injury"
with coverage for premises and operations, products and completed operatioñs,
-anO
contractual liability (including, without limitation, indemnity obligations under the Agreement)
with limits of liability of not less than $1,000,000 per occurrence for bodily injury anð property
damage, $1,000,000 per occurrence for personal and advertising injury and $2,000,000
aggregate for products and completed operations and $2,000,000 general aggregate.
2) GARAGEKEEPERS LEGAL LIABILITY insurance which shall include coverage for vehicles in
the care, custody, and control of the Tow Operator with limits of liability of not less than
$120,000 per occurrence for property damage.
3) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be on the most current
version of lnsurance Service Office (lSO) Business Auto Coverage Form CA 00 01, and
include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles
(Code 1- Any Auto) with limits of not less than $'1,000,000 per accident for bodily injury and
property damage.
4) ON-HOOIICARGO insurance which shall include coverage for vehicles in tow with limits of
liability based on the size of the tow truck, which are as follows:
a) Class A/B tow truck. ... .. . .. $120,000b) Class C tow truck... ....$200,000c) Class D tow truck.. .. ... .. ... $300,000
WORKERS' COMPENSATION insurance as required under the California Labor Code and
EMPLOYERS'LIABILITY insurance with minimum limits of $1,000,000 each accident, $1,000,000
disease policy limit and $1,000,000 disease each employee.
Tow Operator shall be responsible for payment of any deductibles contained in any insurance
policies required hereunder and Tow Operator shall also be responsible for payment of any self-
insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate
of lnsurance and approved by the City's Risk Manager or his/her designee At the option of the
City's Risk Manager, or his/her designee, either:
1) The insurer shall reduce or eliminate such deductibles or self-insured retention as
respects city, its officers, otficials, employees, agents and volunteers; or
2) Tow Operation shall provide a financial guarantee, satisfactory to City's Risk Manager, or
his/her designee, guaranteeing payment of losses and related investigations, claim
administration and defense expenses. At no time shall City be responsible for the payment of
any deductibles or self-insured retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30)
calendar days written notice in favor of City of policy cancellation, change or reduction of covérage,
except for the Workers'Compensation policy which shall provide ten (10) calendar days writtên
notice of such cancellation, change or reduction of coverage. ln the event any policies are due to
expire during the term of this Agreement, Tow Operator shall provide a new certificate and all
applicable endorsements evidencing renewal of such policy prior to the expiration date of the
expiring policy(ies) to the Chief of Police, or his/her designee, and the City's Risk Division. Upon
issuance by the insurer, broker, or agent of a notice of cancellation, change or reduction in
coverage, Tow Operator shall file with the Chief of Police, or his/her designee, and the City's Risk
Division, a new certificate and all applicable endorsements for such policy(ies).
The General Liability, Automobile Liability and Garagekeepers Legal Liability insurance policies
shall be written on an occurrence form and shall name City, its officers, officials, agents, employees
and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Tow
Operator's insurance shall be primary with respect to the City, its officers, offìcials, employees,
agents and authorized volunteers with no contribution required of City. Any Workers' Compensation
insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents,
c)
D)
3
employees and authorized volunteers. Tow operator shall have furnished city with the certificate(s)
and applicable endorsements for ALL required insurance prior to City's execution of the Agreement.'
E) The fact that insurance is obtained by Tow Operator shall not be deemed to release or diminish theliability of Tow Operator, including, without limitation, liability under the indemnity provisions of this
Agreement. City shall apply to all claims and liability regardless of whether any'insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of iñdemnification to beprovided by Tow Operator. Approval or purchase of any insurance contracts or policies shall in noway relieve from liability nor limit the liability of Tow Operator, its principals, officers, agents,employees, persons under the supervision of Tow Operator, vendors, suppliers, invjtees,
consultants, sub-consultants, subcontractors, cr anyone employed direcfly or indiiec¡y by any oi
them.
F) Upon furnish City with a complete copy of anyinsura g all endorsements, with said copy certified
by the igínal policy. This requirement shåll survive
expira
G) lf at any time during the life of the Agreement or any extension, Tow Operator fails to maintain therequired insurance in full force and effect, all work under this Agreement shall be discontinued
immediately until notice is received by City that the required insuiance has been restored to fullforce and effect and that the premiums therefore have been paid for a period satisfactory io City.Any failure to maintain the required insurance shall be sufficient cause for City to terminate thisAgreement.
H) ct all or any portion of the work to be performed, Tow Operator
to provide insurance protection in favor of the city, its officer,
uthorized volunteers in accordance with the terms of each of the
the subcontractors certificates and endorsements shall be on filewith the Tow Operator and City prior to the commencement of any work by the subcontractor.
14. Bills and Liens
Tow Operator shall pay promptly all indebtedness for labor, materials, and equipment used in performance ofthe work. Tow Operator shall not permit any lien or charge to attach to the wori or the premises, but if any doesso attach, Tow Operator shall promptly procure its release and indemnify, defend, aná f,olO City harmleés andbe responsible for payment of all costs, damages, penalties and expenses related to or arising from or relatedthereto.
15. Chanqe of Control
Tow Operator agrees that if there is a change or transfer in ownership or control of the Tow Operator's businessprior to completion of this Agreement, unless such change or transfer is to "immediate family" as defined inFresno Municipal Code (FMC) section 3-101(e) and approved in writing by the Chief of pôl¡ce, or his/herdesignee, this Agreement. This includós but is not limited to changes in:Corporate Treasurer, Trustees, or ownership interests. All chanies ortransfers t d by the Chief of Police, or his/her designee, prior to- suchchange or to remain on the tow services list. Final-written
"pprou"i o¡.disapproval for the change or transfer in ownership or control will be given by the chief of police'or his/herdesignee. All "immediate family" members involved in the potential tranéfer and operation of the fow Opeiãtorshall be required to undergo a background check, review, and "Livescan" fingerprint screening. The ,,immediate
family" members involved in the change or transfer of ownership or control musi also possesé and keep currentall licensing certificates and insurance as required in this Agreement. The "immediate family" members who willoperate or otherwise be legally responsible for the Tow Operator will be required to execute a new TSA.
A) Tow Operator owners shall be directly involved in the day-to-day operations of their
business and shall not be directly involved in the towing-related busiñess of any other tow
company on, or applicant for, the Tow Rotation List. Co-mingling of operations, business,
offices, board members, and finances is stricfly prohibited.
B) ff terminated or suspended, Tow Operator and/or its owner at the time of the suspension ortermination, slall not be eligible for a rotation listing for the duration of the suspension ortermination. This section applies to the Tow Operator working in any capacity within any tow
4
business or operating any tow business and to the tow business even if operated under new
ownership.
C) Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow
Rotation List, excluding equipment which may be unavailable due to repairs or when there is a need
for equipment replacement and written approval is obtained from the Chief of Police or his/her
designee
16. Force Maieure
Tow Operator shall not be in breach of this Agreement caused by any act of God, war, civil disorder,
employment strike or other cause beyond its reasonable control, provided Tow Operator gives written notice of
the cause of the delay to City within thirty-six (36) hours of the start of the delay and Tow Operator avails itself of
any available remedies.
'17. Confidentialitv
Tow Operator agrees to maintain the confidentiality of all City and City-related records and information pursuant
to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the termof this Agreement. All such records and information shall be considered confidential anâ kept confiãential by
Tow Operator and Tow Operator's staff, agents and employees.
18. Compliance with Laws
Tow Operator represents and warrants that services to be provided under this Agreement shall fully comply, atTow Operator's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and
regulations, including, but not limited to those issued by City in its governmental capacity and all other laws
applicable to the services at the time services are provided to and accepted by City. Tow Operator
acknowledges that City is relying on Tow Operator to ensure such compliance (collectiveÍy Laws). Tow Operator
agrees that it shall defend, indemnify and hold City and City lndemnitees harmless from all liability, damages,
costs, and expenses arising from or related to a violatio I of Laws.
19. Pricinq
The Agreement price shall include full compensation for providing all required services in accordance with the
Scope of Work attached to this Agreement, and no additional compensation will be allowed therefore, unlessotherwise provided for in this Agreement. Tow Operator shall pay the City Franchise Fees as lìsted in
Attachment "8", or "City Administrative / Franchise Fees", in accordance with Paragraph 25 of Attachment ,,A,'.
20. Terms and Conditions
Tow Operator acknowledges that the undersigned has read and agrees to all terms and conditions included in
this Agreement.
21. Severabilitv
lf any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired or invalidated thereby.
22. Calendar Davs
Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless
otheruvise expressly provided.
23. Attornev Fees
lf either party is required to commence any proceeding or legal action to enforce any term, covenant or condition
of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other
party its reasonable Attorney's fees and legal expenses
24. lnterpretation
This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in
the matters dealt with in this Agreement. ln addition, each party has been represented by experienced and
knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel
despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have
not been influenced to any extent whatsoever in executing this Agreement by any other party hereto or by any
person representing them, or both. Accordingly, any rule or law (including California Civil Code section 1654) or
legal decision that would require interpretation of any ambiguities in this Agreement against the party that ñas
5
drafted it is not applicable and is waived The provisions of this Agreement shall be interpreted in a reasonable
manner to affect the purpose of the parties and this Agreement.
25. Authoritv
The parties to this Agreement represent and warrant that this Agreement has been duly authorized and
executed and constitute the legally binding obligatíon of their respective organization or entity, enforceable in
accordance with its terms.
26. Emplovee Eliqibilitv Verification
Tow Operator warrants that it fully complies with all Federal and State statutes and regulations regarding the
employment of aliens and others and that all its employees performing work under this Agreement meet the
citizenship or alien status requirement set forth in Federal statutes and regulations. Tow Operator shall obtain,
from all employees performing work hereunder, all verification and other documentation of employment eligibility
status required by Federal or State statutes and regulations including, but not limited to, the lmmþration Rãtorm
and ControlAct of 1986, I U.S.C. 51324 et seq., as they currently exist and as they may be hereáfter amended.
Tow Operator shall retain all such documentation for all covered employees for the period prescribed by the law.
Tow Operator shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its
agents, officers, and employees from employer sanctions and any other liability which may be assessed against
Tow Operator or City or both in connection with any alleged violation of any Federal or State statutes or
regulations pertaining to the eligibility for employment of any persons performing work under this Agreement
27. Additional Terms and Conditions
A) Term of Agreement: This Agreement shall commence on December 28, 20j4, and shall be
effective for three (3) years from that date, unless othenvise terminated by City.
B) Fiscal Appropriations: This Agreement is subject to and contingent upon applicable budgetary
appropriations being made by the City for each year during the term of this Agreement. li such
appropriatìons are not forthcoming, the Agreement will be terminated without penalty. Tow
Operator acknowledges that funding or portions of funding for this Agreement may also be
contingent upon the receipt of funds from, and/or appropriation of funds by City. lf suðh funding
and/or appropriations are not forthcoming, or are othenvise limited, City may immediately terminate
or modify this Agreement without penalty.
C) Conflict of Interest (Tow Operator): Tow Operator shall exercise reasonable care and diligence to
prevent any actions or conditions that result in a conflict with the best interest of City. This
obligation shall apply to Tow Operator, Tow Operator's employees, agents, relatives, and third
parties associated with accomplishing the work hereunder. Tow Operator's efforts shall include, butnot be limited to, establishing precautions to prevent its employees or agents from making,
receiving, providing, or offering gifts, entertainment, payments, loans, or other considerations which
could be deemed to appear to influence individuals to act contrary to the best interest of City
D) Tow Operator Work Hours and Safety Standards. Tow Operator shall ensure compliance with all
safety and hourly requirements for employees, in accordance with federal, state, and City safety
and health regulations and laws.
E) Orderly Termination: Upon termination or other expiration of this Agreement, each party shall
promptly return to the other party all papers, materials, and other properties of the other ireld by
each for purposes of execution of the Agreement. ln addition, each party will assist the other party
in orderly termination of this Agreement and the transfer of all aspects, tangible and intangible, as
may be necessary for the orderly, non-disruptive business continuation of each party.
F) Reprocurement Gosts: ln the case of default by Tow Operator, City may procure the service from
other sources and, if the cost is higher, Tow Operator will be held responsible to pay City the
difference between the Agreement cost and the price paid. City may make reasonable efforts to
obtain the prevailing market price at the time such services are rendered. This is in addition to any
other remedies available under law.
G) Authorization Warranty: Tow Operator represents and warrants that the person executing this
Agreement on behalf of and for Tow Operator is an authorized agent who has actual authority to
bind Tow Operator to each and every term, condition, and obligation of this Agreement and thai all
requirements of Tow Operator have been fulfilled to provide such actual authority.
6
28.
H) Notices: Any and all notices permitted or required to be given hereunder shall be deemed duly
given (1)upon actualdelivery, if delivery is by hand; or(2) upon delivery by the United States mait if
delivery is by postage paid registered or certified return receipt requested mail; or (3) through
electronic means such as, email or the Dispatch & Tracking Solutions Software System (DTS)
l) Data - Title to: All materials, documents, data or information obtained from City data files or any
City medium furnished to Tow Operator in the performance of this Agreement will at all times remain
the property of City. Such data or information may not be used or copied for direct or indirect use
by Tow Operator after completion or termination of this Agreement without the express written
consent of City. All materials, documents, data or information, including copies, must be returned to
City at the end of this Agreement.
J) Usage: No guarantee is given by City to Tow Operator regarding usage of this Agreement. Usage
figures, if provided, are approximate, based upon the last usage. Tow Operator agrees to supply
services and/or commodities requested, as needed by City, at prices listed in the Agreement,
regardless of quantity requested.
K) Tow Operator's Records: Tow Operator shall keep true and accurate accounts, records, books
and data which shall correctly reflect the business transacted by Tow Operator in accordance with
generally accepted accounting principles. These records shall be stored at the Tow Operators
principal place of business for a period of three (3) years after flnal payment is received by City.
L) Audits/lnspections: Tow Operator agrees to permit City's authorized representative (including
auditors from a private auditing firm hired by City) access during normal working hours to all books,
accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose
of auditing or inspecting any aspect of performance under this Agreement. The inspection and/or
audit will be confined to those matters connected with the performance of the Agreement including,
but not limited to, the costs of administering the Agreement. City reserves the right to audit and
verify Tow Operator's records before or after final payment is made.
Tow Operator agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of records retention is stipulated under this Agreement or
by law. Tow Operator agrees to allow interviews of any employees or others who might reasonably
have information related to such records. Further, Tow Operator agrees to include a similar right to
City to audit records and interview staff of any sub-Tow Operator related to performance of this
Agreement.
M) Should Tow Operator cease to exist as a legal entity, Tow Operator's records pertaining to this
Agreement shall be forwarded to the Chief of Police or his/her designee
Disputes-Aqreement
A) The Parties shall deal in good faith and attempt to resolve potential disputes informally.
1) Tow Operator shall submit to the Chief of Police, or his/her designee, a written demand for a
final decision regarding the disposition of any dispute between the parties arising under,
related to, or involving this Agreement, unless City, on its own initiative, has already rendered
such a final decision.2) Tow Operator's written demand shall be fully supported by factual information, and, if such
demand involves a cost adjustment to the Agreement, Tow Operator shall include with the
demand a written statement signed by a senior official indicating that the demand is made in
good faith, that the supporting data are accurate and complete, and that the amount
requested accurately reflects the Agreement adjustment for which Tow Operator believes City
is liable.
B) Pending the final resolution of any dispute arising under, related to, or involving this Agreement,
Tow Operator agrees to diligently proceed with the performance of this Agreement. Tow Operator's
failure to diligently proceed shall be considered a material breach of this Agreement.
C) Any final decision of City shall be expressly identified as such, shall be in writing, and shall be
signed by the City Hearing Administrative Officer, or Chief of Police, or his/her designee, as
applicable. lf City fails to render a decision within ninety (90) days after receipt of Tow Operator's
-7 -
demand, it shall be deemed a final decision adverse to Tow Operator's contentions. City's final
decision shall be conclusive and binding regarding the dispute unless Tow Operator commences
action in a court of competent jurisdiction.
29. Breach of Aqreement
The failure of the Tow Operator to comply with any of the provisions, covenants or conditions of this Agreement
shall be a material breach of this Agreement. ln such event the City may, and in addition to any other iemedies
available at law, in equity, or otherwise specified in this Agreement, undertake any of the individual actions or
any combination of the following actions:
1) Afford the Tow Operator written notice of the breach and ten cafendar days or such
shorter time that may be specified in this Agreement within which to cure the
breach;
2) Suspend and/or remove Tow Operator from the rotation;
3) Terminate the Agreement immediately, without any penalty.
TOW OPERATOR*:
Bv:Title:
The Parties hereto have executed this Agreement.
rile: OØftat¿
Print Name.Date:
"lf a corporation or limited liability company, the document must be signed by two corporate officers. The first signaturemust be either the Chairman of the Board, President, or any Vice President. The second signature must be thesecretary, an assistant secretary, the Chief Financial Officer, or any assistant treasurers. In the álternative, a singlesignature is acceptable when accompanied by a corporate document demonstrating the legal authority of i-hesignature to bind the company.
CITY OF FRESNO.
ATTEST:
WONNE SPENCE, CMC
City Clerk
Date:
Date:
By:: Date:
AS ÏO FORM
DOUGLAS T. SLOAN
I
r z/zzf tt
ATTACHMENT A
SCOPE OF WORK
1. Scope of Work
Tow Operator shall perform the towing, and storage of vehicles as directed by the City, and in addition, suchother services as provided in this Scope of Work, and shall provide necessary storage facility, tow vehicles,labor, materials, equipment, machinery, and tools. The Tow operator shall comply rual¡tn all
-State
laws andregulations, appf icable to tow units and impound, towing, storage, selling or junking of vehicles. Tow operators
must follow all guidelines set forth by equipment manufactures recommenda[ions as to their use and cáre of alltowing related equipment. All permits and licensing fees as specified under California Vehicle Code (CVC)
sections 34620 through 34624 shall be in fullforce and effect at alltimes during this Agreement. Any violaiion ofthis section will be considered a material breach of the Agreement and may result in immediate tórmination of
this Agreement.
2. Towinq Services and Duties
It shall be the duty of the Tow Operator, when so directed by the City, to provide prompt tow service for vehiclesy by the City. hicles disabted by any other
places or on Vehic nce, impeding tñe flow
other reason jurisd required by ìaw, Tow
m the street a from an the immediate area27700(a)(1)). e the duty to provide for the safety and security of thosevehicles and the contents thereof. These duties are inherent to the job and are to be inclúded in the piice of the
basic tow bill
The tow truck operator shall provide a business card to the registered owner or driver for the vehicle beingtowed. The business card shall contain the name, address and phone number of the tow company as well asthe link to the vehicle search system in DTS as follows: www findmytow com
Tow truck operators and/or drivers will not be permitted to drive an impounded or recovered stolen vehicle orvehicle intended for storage from a FPD rotation call or special operation. Any exceptions must be at thedirection of the FPD officer in charge of the scene and should be limited to reposiiioning ine vehicle to allow for
towing.
The City has designated two (2) tqw companies for evidence impound tows and no other rotation tow company
shall maintain custody over these vehicles at any time. lf an officer impounds a vehicle for evidence and a non-preference rotational tow is dispatched, it is the responsibility of the tow driver to verify with the officer on scene
as to whether a vehicle is to be held for evidence. lf it is determined that the vehicle is to be held for evidence,the tow driver must immediately notify the officer on scene that the company is not authorized to handle
evidence impounds and an evidence tow company shall be dispatched. Tow Operator shall then contact theTow Unit on the same business day, or within the next business day if such tow occurs after regular businesshours Acceptance of an evidence tow by a non-designated evidence tow company will result in disciplinary
action and full financial responsibility for all tow and storage fees for each violation.
lf terminated or suspended, Tow Operator andlor owner at the time of the suspension or termination, shall not
be eligible for a rotation listing for the duration of the suspension or termination. This provision applies to theTow Operator working in any capacity within any tow business or operating any tow business and'to the tow
business even if operated under new ownership.
Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow Rotation List,excluding equipment which may be unavailable due to repairs or when there is a need for equipment
replacement and written notice has been obtained from FpD.
3. Special Operations
FPD conducts special operations coordinated through the Traffic Bureau throughout the year that requires towcompanies at the location of the special operation. Tow companies on the Tow Rotation tist tnat are in good
standing with FPD may be invited to participate in these operations, provided they are willing to remain w¡tñ tnespecial operation until its conclusion and forfeit any rotational tow calls (FPD, California Hignway patrol, orother) received during the duration of the operation. "Good standing" shall mean that Tow Operãtor has not
violated, or is not in violation of the terms of this Agreement, the provisions of the FMC, State, or Federal law.All special operations tows will be subject to the provisions of this Agreement. Tow Operator shall respond to a
9
special operation with a flatbed tow truck with the capability of towing (2) vehicles. No ride alongs will be allowedon any special operations unless the ride along is the Tow Owner or a Tow Driver who is in training and has
been approved by FPD.
4. Siqnaqe and hours of Operation
The storage yard or business office shall have a sign that clearly identifies it to the public as a towing serviceThe sign shall have letters that are clearly visible to the public from the street and must be visible at -nignt.
Rttstorage facilities must be accessible to City personnel twenty-four (24) hours per day and seven (7) dãys perweek. The Tow Operator will provide customer service twenty-four (24) hours per day and seven iz) Oals p"¡.
week for the release of vehicles.
Tow Operator shall provide at least one person at a call station to respond and release vehicles within thirty (30)minutes. Tow Operator shall maintain all signage required pursuant to CVC sections 22850.3 and226'51.07
and include an after-hours contact phone number for Tow Operator.
5. Response Time
Tow Operator shall respond to calls twenty-four (24) hours a day, seven (7) days a week, within the maximum
response time limits as established by the Chief of Police or his/her designee. A reasonable response time isthirty (30) minutes or less, except during peak hours of 7:00 a.m. to g:00 a.m. and 4:00 p.m. to 6:00 p.m.,(Monday through Friday), when the required response time will be extended to forty-five (a5) minutes or less.Tow Operator shall respond with a tow truck of the class required to tow the veñicle sþeóiiieO by the DTS
System.
6. Non-Response
The Tow Operator shall update the DTS System at the time of dispatch to a tow rotation request. lf the TowOperator is either unable to respond or unable to meet the maximum response time, the tow operator shallimmediately update the DTS System accordingly lf, after accepting the call, the Tow Operator is unable torespond or will be delayed in responding, the Tow Operator shall immediately update the DTS system
accordingly.
will be n-response. Each non-response will be immediatelyEach r be rogged by the DTS System and reviewed by theonse is er than the Tow Operator, the Tow Operator wilt Oe
nd calle portunity in line.
One such breach, determined to be the fault of the Tow Operator, will be grounds for written reprimand which
may be subsequent to a meeting between the Tow Operator and the City. A second breach ¡1ay 'be grounds fora (30) thirty-day suspension of this Agreement. A third violation will be considered a material breach of theAgreement and may result in immediate termination of this Agreement.
ln the case of suspension or termination, all vehicles then in storage at the time of the suspension or termination
remain protected under this Agreement as City's impounds and the Tow Operator is so bound. The City will
have the option to remove and/or transfer stored vehicles.
When a Tow Operator ble to provide services due to preplanned/scheduled activity,such as a vacation, m etc., the Tow Operator will notify bity in writing via the DTSsystem at least forty-e City reserves the right to deny these requesis to maintain
adequate service levels for tow operations. Failure to notify the City will be considered a non-response and amaterial breach of this agreement.
7. StoraqeResponsibilities
It shall be the duty of the Tow Operator to provide impound and other storage service for all vehicles as directed
by the City. The Tow Operator shall be responsible for all vehicles, accessories and equipment thereon and allpersonal property therein stored by Tow Operator. lt shall be the Tow Operators' duty to protect such storedvehicles, accessories, equipment, and property against all loss or damage by fire, theit or other causes. TheTow Operator will have available for review by City personnel, all permits and proof of compliance to all localzoning, special use, conditional use and special requirements, laws and regulation. lt is the responsibility of theTow Operator to ensure vehicles are stored in a secured facility.
8. Size and Location of Storaqe Facilitv
The tow yard shall be located within the City of Fresno's "Metropolitan Area." Metropolitan area is defined aswithin the borders of Copper Avenue to the north, American Avenue to the south, DeWolf Avenue to the east,
_10_
and Chateau Fresno to the west. Tow Operator shall be responsible for the security of vehicles and property atthe place of storage. At a minimum, a six (6) foot fence or enclosed secured ärea is required ior outsidestorage. A minimum of 5,000 square feet, or room for twenty (20) vehicles, shall be providéd. All tow yards
located with the City of Fresno shall be in compliance with the FMC, current Directors Class #20g and shallfollow the current Development and Resource Management Department's Policy and procedure C-002. lf thetow facility is located outside the City of Fresno, the tow operator is required to provide written proof that theyard is in compliance with the authorizing jurisdiction
custody, and control of any property contained in tow
office will be located at the primary storage yard an
fashion. The facility shall have a telephone, on-site
properly run DTS software and to send and receive em
ln the event of criminal activity at a storage facility, the City may require the Tow Operator to take measures toassist in preventing such crimes. These measures could include, but are not limited to: the yard beingilluminated during darkness, with security type lighting, to such a degree that visual observation oi the entireyard may be accomplished at all times, improved fencing and/or securiiy patrols.
All vehicles stored or impounded as a result of a tow ordered by the City shall be towed direcfly to a towingservice storage lot unless the City, or in the case of a citizen's assist, a person legally in charge of tne ven¡cle,
requests that it be taken to some other location.
All vehicles towed as a result of action taken by the Ci
business unless directed othenvise by the City's Tow C
will be considered a breach of this Agreement. The T
stored vehicle. lf the registered owner removes person
maintain documentation of such and will require a
released. The Tow Operator shall immediately noti
materials are found in the vehicle(s).
9. Enclosed Facilitv
The Tow Operator may maintain, without charge to the City or any other person, separate and enclosed garage
facilities no less than 1,000 square feet of clean working space. The facility must be constructed to include aroof and at least four walls of substantial design to withstand the elements and protect the vehicles from theweather. The facility should have a concrete floor and sufficient lighting. This inside facility must be located atthe Tow Operator's primary storage yard. This inside facility is not required to qualify tor tne City's rotation,however, when inside storage is requested for a particular vehicle, the next Tow'Opeiator in line meeting theneeds of the City's request will be used.
10. DTS Requirements
Tow Operator shall utilize the most recent, updated and upgraded DTS software program, to dispatch and track,via a web-based lnternet connection. Tow Operators will be required to enter the tıwed vehicle information asinstructed by the City. At no time will a vehicle be released, subject to lien, or junked from impound without allrequired data fiel he Tow Opeiator shall clearlyidentify and ente ctually released. A¡ City towrequests shall be progiam in full operation shallcause the imme d bè grounds for immediatetermination by C separate agreement, or license for the DTS softwareprogram with the owner of that proprietary software. The City shall not provide the DTS software program, anylicensing or sub-licen_sing thereof or any intermediary services for the procurement by Tow Operator oi tn"'OtSsoftware program. This Agreement shall not be execut d by the City until Tow Opérator has demonstrated tothe City's satisfaction compliance with the requirements set forth herein. Tow Operator shall be liable for allfees, charges, prices, rates and service charges required from DTS. DTS shall be utilized in .real time" and allentries should reflect as such. lnvoices shall be used from DTS when releasing vehicles and be pursuant tosection 22651.07 of the CVC. The only Tow Operator personnel authorized to utilize and access DTb are thosetf at hq,ve fully complied with the provisions set forth in Section 12, "Tow Operator Personnel" of this Agreement.lf the Tow Operator is not in FULL compliance with the above stated requirement, the Tow Operaior will beremoved from the City towing rotation. ln the event that DTS fails to provide software seruices, or the City electsto utilize a new software provider, the Tow^Operator will be required to use the replacement towing softwaresystem. lf that occurs, all references to DTS in this Agreement shall instead be interpreted as refereñces to thenew software program.
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11. Official Notification bv Citv Reqardinq Tow
Official notification by City regarding tow services is considered any form of written, email, verbal instructions ornotifications received from an authorized City employee or electronic notice from the DTS program. lf the TowOperator receives verbal instructions or notifications from a City employee the Tow Operaior must respond toCity, by 5:00 p.m. (PST) on the next business day.
12. Tow Operator Personnel
A.) Conduct
The Tow Operator shall perform the services req
obtain and keep the confidence of the public.
employee of the Tow Operator exhibit any of
uncooperative, argumentative, threatening, inco
employee, or with any member of the public
assignment, if in the opinion of the City, the Tow Operator is acting in a rude, uncooperative,
argumentative, threatening, incompetent or dangerous manner The City aléo reserves the right t,o cancelan individual tow assignment if in the opinion of the City the Tow Operator is tikely to damagã the vehicle
for which the tow service was called. Other examples of unacceptable behavior ¡nôtuOe but ãre not limitedto: profanity, abusive language, disconnecting telephone calls for public inquiries regarding a tow,threatening, aggressive, or assertive language, failure to provide timely information oidocuments ¡nresponse to a public or City inquiry, Jack of respect to any City personnel or member of the public,
destruction or damaging of evidence, failure to comply with the reasonable request of a member of thepublic, failure to release vehicle in a timely manner, failure to make appointment for release of vehicle
during evening or weekend hours, failure to promptly be on site at time of appointment for release ofvehicle during eveníng or weekend hours, impeding an investigation or any othei conduct which the Citydeems unprofessional.
lf the Tow Operator is found to be in violation of this conduct clause, the City will cancel the Tow Operator
and request the next Tow Operator in rotation. Any such behavior as set forth above shall be conåidereda material breach of this Agreement and may be grounds for immediate suspension or immediate
termination by the City, without penalty.
B.) PersonnelAppearance
Tow Operators shall be required to furnish their employees with a distinctive company uniform Eachuniform shall have the firm's name, as well as the employee's name, in a conspicuouj place. The towcompany's name and driver's first name shall be clearly visible at all times, meaning thåt protective orinclement weather outer garments must meet this standard. Each employee shall have sufficient uniformsso as to maintain a neat, clean appearance at all times. Minimum requirements for uniforms include ashirt, long pants, and appropriate safety shoes. All drivers shall be in uniform before any towing or serviceoperation begins. No wording, designs, photos, gestures, or anything that could be considered offensive
or obscene to the general public shall be displayed by the Tow Operators or on any part of the uniform.
Dress standards are required in order to project a professional and positive image to ihe public.
All employees must be neat, clean and well groomed in appearance. ln order to ensure a professional
appearance, all tattoos must be concealed by operators while working Personnel will be required toconceal any tattoos with gloves, collars, long sleeves, or by other means acceptable to the City. Facial
tattoos of any variety are not permitted. No facial piercings shall be worn while on duty.
Drivers shall wear safety vests or reflectorized clothing that conforms to Occupational Safety and Health
Administration (OSHA) requirements. Alternatively, the OSHA safety requirements may be incorporated
into the uniform, jacket, or rain gear, as long as these items are worn as the outermost gárment.
C.) UnlawfulActivity
The Tow Operator or it's employees shall not be involved, nor shall the Tow Operator or its employees
become involved in any agreement or activity whether verbal, written or conveyed in any other manner,
any activity or business venture which may be construed as unlawful. lf the Ciiy deems ihe involvement
to be unlawful, the City may immediately terminate this Agreement.
The Tow Operator shall not provide any direct or indirect commission, gift or any compensation to any
person or public or private entity, in consideration of arranging or requesting the services of a tow truck ai
provided in section 12110 of the CVC.
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No Tow Operator will be involved or solicit any compensation of any kind including but not limited toinvolvement with any other company or business that might result in income or consideration as a result ofany activity initiated by the City
An example of such a prohibited involvement could include but is not limited to: financial reimbursement
pair business for referrals, or towing directly from the scene of a collision to the auto-bodyior unsolicited approval or request by the registered owner, driver or insurance
"orp"nyof the damaged vehicle; kickback to or from a security company or homeowner'i"fÌnding" or towing a vehicle from a location, whether privãte property, public, off streetparking facility or a public roadway Violation of this provision shall be grounds'foi immediate terminationby City, without penalty.
D.) Personnel Licenses
Tow Operators providing services under this Agreement, including tow truck drivers, dispatchers and otheroffice personnel, will have sufficient knowledge, experience and capability to ensure safe and properdischarge of their service responsibilities. lt will be the responsibility oi the Tôw Operator to ensure that allof its personnel will be properly licensed in accordance with sections 12500, 12520, and 12804.g of theCVC' Alltow truck drivers and tow truck operators shall be enrolled in the "pull Notice;' program as definedin CVC section1808.1 et seq.. Drivers must complete a CHP approved Tow Operatoi Cıurse every ¡ve(5) years and copies of completion of the course shall be sent to the City. All Tow Operators andpersonnel shall have no criminal record which would preclude them from being þlaced in a position of trustwhile in the service of a law enforcement agency or any crime listed Uelow un-Oär the heading of ,,Criminal
Record."
E.) Fingerprints
All. owners and employees who have not previously submitted their "Livescan" fingerprint samples shallsubmit their "LiveScan" fingerprint samples, at their own expense, through the City frior to being awardedthis Agreement, for the purposes of verifying their criminal lristory with thé Department of Justice.
Failure to provide ínformation regarding the identity of the owner, employee, or anyone else with afinancial ill result in termination of this Rgieement. The Íow Operator willprovide t ng any change in employee status immediately and update DTSto reflect ly may result in further disciplinary action, and will be considereda breach
After execution of this Agreement, no person shall be employed by the Tow Operator or perform anyservice under this Agreement until the background record ôfrect< and "LiveSian" is completed anáapproved by the City and said employee has received their identification badge from the City.
Notwithstanding the foregoing, Tow Operators and owners that have towed for the City under the previous
Tow Service Agreement and have completed a new background and "LiveScan" cheók will be aliowed tocontinue to tow for the City until such time as the results of the background and "LiveScan" submissionsare reviewed and approved by the City.
Any employee of the Tow Operator that has left employment with said Tow Operator and returned andbeen rehired must complete an additional background check before performing services pursuant to thisAgreement
F.) Criminal Record
A conviction of anyone with a financial interest in the Tow Operator, or any employee of the Tow Operator,including but not limited to any of the following offenses, may be cause tor'deniat of applicåtion ortermination of this Agreement:
. Any crimes listed in California penal Code section 290. DUI-Within 5 years of the Date of Fingerprinting. Vehicle theft. Fraud. Stolen property
o Crimes of Violence. Any felony crime relating to narcotics or any controlled substance. Any other crimes enumerated in CVC section 2432.3
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. Actively on parole or on any form of probation. Crime of moral turpitude. Sex, Arson, Narcotics Registrant. Other felony conviction
The City is not required to provide any reason, rationale or factual information in the event it elects to deny
application or remove any of Tow Operator's personnel from providing services for the City under this
Agreement. Tow driver or employee applicants denied under this section may appeal to ifie Chief of
Police or his/her designee. All decisions by the Chief of Police, or his/her designee, are final
ln the event the Tow Operator or employee is convicted or is under investigation, the Tow Operator maybe given the opportunity to replace that employee without prejudice to the Agreement. Nothing shailprohibit the City from removing, suspending or termir eement. lt wili be the responsiıitity otthe Tow Operator to provide the City wi arding any illegal activity, arrest(s) or
conviction of any Tow Operator and/or e of this section, any conúiction oi plea
of guilty or nolo contendre, even to any re considered convictions. Failure toprovide information regarding the identity of the employee, or anyone else with a financial interest in the
Tow Operator will result in termination of the Agreement. Failure to provide information to the City of any
information regarding the conviction of any of the above crimes may also result in termination of the
Agreement.
G.) ldentificationBadges
Each tow truck driver or employee of the Tow Operator shall wear, in plain view an identification badge,
authorized and issued by the City to that employee, while on any call for service where the City isinvolved. lf a tow truck driver responds to a scene without his authorized name badge, the tow tiuck
driver will be dismissed from the scene and the next Tow Operator in rotation will be óalled. Failure to
carry an identification badge will be considered a violation as stated in Section 3i, "Disciplinary Action," of
this Agreement The purpose of these badges will be to identify those employees of the Tow Operator
who have been fingerprinted by the City and have passed the record check by the Department of Justice.
es are the property of the City and will be returned by the Tow Operator to the City
hours of an employee's separation. Tow Operator will provide a current list of ail
dispatchers, etc. Anytime there are any changes to this list, the City is to be notified
by the next business day and provided with an updated and current list.
13. Tow Operator Licensinq and Certification
All licensing and certifications required by Federal, State and local authorities shall be maintained current and
valid at all times as required in CVC sections: 34507.5,34600 et seq, 34620, and 12111, and sections 7231 et
seq, of the California Revenue and Taxation code. Failure to have any required license or certification, including
any driver who fails to have an appropriate class of license, may be grounds for immediate termination by City
without penalty.
14. Inspection
All real property and improvements thereon, and all vehicle facilities, equipment and materials used by the TowOperat nce of the services required herein shall be open to inspection by the óity or itsauthori and will be subject to no less than one annual inspection. Additional-inspections may
be con ce during normal business hours. lnspections may include, but are not limited to, allbooks, , reports, files, financial reccrds, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpole oi auditing
or inspecting any aspect of performance directly related to this Agreement. ln the event that the City determines
that the real property and improvements thereon are ir sufficient, derelict or fail to meet the reqúirements as
called out in this Agreement, this Agreement may be terminated by City immediately, without penaliy.
15. Vehicle and Equipment Requirements
Tow vehicles will be maintained in compliance with sections 24605, 25253,25300, 27700 and 27907 of theCVC. Tow vehicles will be of at least 14,000 lbs. GVWR with dual rear wheels, with the ability to tow two (2)
vehicles, or a vehicle and/or a trailer. Tow vehicles must have two-way communication capabilities and the
ability to communicate and connect with the DTS System at all times. The Tow Operator shail have equipment
capable of towing from off-road areas, towÍng from underground facilities, and recovery services'wìth an
adjustable boom with at least five tons of lifting capacity. ln addition to the conventional wheel lift towing
capabilities, the Tow Operator shall maintain at least one or more flatbed or rollback trucks with a minimum of
fifty (50) feet of cable, and the required safety equipment. Unless otherwise specified by the City, all Tow
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Operators shall respond to a tow service request with a flatbed or rollback truck as specified above. At the
discretion of the tow operator, a wrecker may be used to respond to a tow service request. lf for any reason the
Tow Operator is unable to complete the tow service request with the wrecker, the Tow Operator will not be
placed back on the top of the rotation list and a new Tow Operator will receive the tow service request
A 3-axle or 25-ton truck is not required equipment. However, Tow Operators that possess this equipment will be
placed on a heavy-duty tow rotation list.
All trucks must have the required emergency lighting, portable stop and tail lamps, a broom, shovel, fire
extinguisher (rating 4-8, C), a utility light, reflective triangles, a large pry-bar, covered trash cans with approved
absorbent, rags, unlocking equipment, dollies (boom trucks), chains, and/or tie downs.
Wheel lift trucks will maintain at least 100 feet of cable and all safety equipment as required by the
manufacturer.
Tow vehicles must have a cable winch of sufficient size and capacity to retrieve vehicles that have gone off
traveled portions of roadways into inundated areas or other inaccessible locations. Winches must have visible
lD tags designating the model, make, serial number, and rated capacity.
All tow trucks used in City tows will be subject to a yearly inspection. This does not preclude the City from
conducting random inspections throughout the year.
16. Vehicleldentification
Tow vehicles shall display identification signs in compliance with section 27907 of the CVC. The Tow Operator
shall not display any sign or advertising material that indicates that his tow vehicles are an official police service
of the City.
17. Gharqes and Fees to be collected from Reqistered Owners
All rates and charges shall be conspicuously posted in the office and in all tow vehicles. These rates shall quote
complete charges and fees with no additional fees to be added at a later date. These rates will be available for
review by City personnel andlor the person for whom tow service is provided. Allfees collected shall be itemized
and invoiced in DTS in accordance to section 22651.07 of the CVC. lt will be the Tow Operator's responsibility
to collect his bill for service, and the City will not be responsible in any way for these charges Storage fees will
be calculated on the calendar day except the first 24-hours which is counted as a single day in accordance with
California Civil Code (CCC) 3068.1 (see Attachment B). All fees listed on the DTS invoice will be received in the
form of major credit card, debit card, or cash. All fees collected, both City and Tow Operator fees, must be
invoiced through the DTS system prior to release and at the time of payment. No credit card fees will be
charged pursuant to CVC section 22651.1 and CCC section 1748.1 for any portion of the fees. The City
reserves the right to change all payment methods during the term of this agreement
18. Lien Fees
At no time shall the City be charged a lien fee on a towed or impounded vehicle. No lien shall be attached to
any vehicle that has been impounded by the City until after seventy-two (72) hours from the time of storage as
listed in the DTS system have passed pursuant to section 22851.12 of the CVC. All lien transactions must be
entered into the DTS system by Tow Operator. Vehicles sold at lien sale shall abide by all laws relating to lien
sales. A vehicle held in impound by the City for thirty (30) days, shall not be sold at lien until such time as is
considered reasonable to allow the registered owner time to pay for and pick up the vehicle before it is sold at
lien, but under no circumstances before the thirty-fifth (35th) day after storage.
The Tow Operator shall abide by all applicable statutes and ordinances concerning disposal of unclaimed
vehicles, including but not necessarily limited to CVC sections 22670',22851',22851 1',22851.2',228513,
22851 .4', 22851 6; 22851 8, 22851.10,22851.12 and 22852.5.
As described in CVC section 22856, liability for despoliation of evidence shall not arise against the Tow
Operator that sells any vehicle at, or disposes of any vehicle after, a lien sale, as long as the Tow Operator can
show written proof that he was notified in writing by the City that the vehicle would not be needed as evidence in
a legal action. This proof may exist in the form of an official release in the DTS System or any other written
conveyance signed by a member of the City prior to the official, written release of the vehicle.
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19. Reasonableness and Validitv of Fees
Fees charged to the registered owner or any other person for response to calls originating from the City shall be
reasonable and not in excess of those rates charged for similar services provided in response to requests
initiated by any other public agency or private person. During the term of this agreement, the City shall conduct
an annual review each December of towing and storage fees of comparable cities and adjust rates set forth in
Attachment B by the first week of January of the following year.
20. Towinq Operation
All tows performed under this Agreement will be included in the flat rate charge as described in Attachment B.
No additional charges shall be charged without prior approval from the City and written notice is provided in the
DTS System Any unapproved charges received outside the DTS System will result in immediate termination of
this Agreement and removal from the rotation list.
The Tow Operator shall base towing charges upon the class of vehicle being towed regardless of the class of
the truck used, except when vehicle recovery operations require a larger class truck. The Tow Operator may
refer to the tow truck classes and weight ratings as defined by the Towing & Recovery Association of America
(TRAA) vehicle identification guide.
21. Service Call Rotation and Fees
The City shall establish a separate rotation list for Tow Operators willing to respond to service requests (out of
gas, lockouts, tire changes, etc. ) Rates for a service requests shall not exceed one-half the flat rate charge for a
light duty truck response.
22. Gate Fees
No gate fees may be charged between 8:00 a.m. through 5:00 p m. Monday through Friday, excluding State
recognized holidays as listed below:
New Year's Day
Martin Luther King Day
Presidents'Day
Cesar Chavez Day
Memorial Day
lndependence Day
Labor Day
Veterans'Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
An after hours gate fee may be charged at all other times The gate fee is not to exceed fifty percent (50%) of
the flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal
property recovery that occurs outside normal business hours (excluding lien fees, storage fees, taxes, or other
additional fees.) The Tow Operator is responsible for assuring that proper gate fees are charged in accordance
with this section. Over charging gate fees will be considered a major violation as outlined in Section 30
All towing and storage fees charged by the Tow Operator are the responsibility of the vehicle's owner and are
not the responsibility of the City. The exception would be evidentiary impounds made at the direction of City
personnel.
23. Cancelled Tow
The City shall not be liable to pay the Tow Operator or anyone else any charge or other fee for a call that does
not result in a chargeable service being rendered by Tow Operator ("Dry Run"). The cancelled Tow Operator
shall be placed back on the top of the rotation list and will receive the next tow in rotation
24. Towed in Error
ln the event the City determines that an error has occurred in impounding a vehicle, it shall be immediately
released to the registered owner without charge and the Tow Operator will be placed back on the top of the
rotation list and will receive the next tow in rotation. ln addition, the Tow Operator will be given one extra tows
on the rotation list. Additional extra tows may be given at the discretion of the Tow Unit.
25. Release Fees
California law authorizes the recovery of funds required to enforce certain provisions of the CVC and promote
traffic safety on public roadways. This authorization falls under CVC section 22850.5 and further authorized by
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City resolutions These resolutions are open to public view at the City and/or City offices and are on file with theCity's Traffic Bureau. The Tow Operator will collect fees on the behalf of the ôity from the registered owner,legal owner or agent of an impounded car.
A City administrative / franchise fee will be charged for the release of a vehicle that has been impounded by theCity. Fees will be established by an independent con;ulting firm to determine the City's costs ãssociated withimpounding vehicles in accordance with cVC sections 22850.5 and 12110(b). All ve'hicles impounded will becharged an administrative / franchise fee for the release of the vehicle. This fee will be established and attachedto each vehicle in the DTS System. The City's administrative fees will be collected at the time of the release bythe Tow Operator. The Tow Operator will pay the City's franchise fees equivalent to the City's administrativefees for every vehicle that is not picked up by the owner or agent. The Tow Operator will pay the City'sadministratíve / franchlse fees for every_,City vehicle that was towed during the preceding month and'will pay theCity no later than 12:00 p.m. on the 15'n of the following month, regardless of the dispósition of tne ven¡cle. lnthe event that the 1 5"' of the month falls on one of the State recognized holidays listed in Section 22 above, or a
fee must be paid by 12:00 p.m. on Tow
inistrative / franchise fees to the Ci onthon until all fees are received, an riate
City will keep a strict accounting DTSace to ensure accurate and timely payment of collected Cityadministrative / franchise fees. The fee will be listed as an item on the owner's I agent's DTS contractor invoice.
26. UnauthorizedRelease
Unauthorized release of an impounded vehicle, accidental or otherwise, having evidentiary value, not officiallyreleased by the City, and determined to be the fault of the Tow Operator, will result in the issuance of a majorviolation as set forth in this Agreement. The determination of such fault will be the responsibility of the City.
27. Release of Multi-Dav lmpounds
A vehicle impounded_with a multiple day hold may only be released prior to the impound period with writtenauthorization by the City in the DTS System. The DTS System will automatically sóhedule the release of animpounded vehicle
28. Release of Vehicles
Vehicles may only be released through the DTS System. Once the DTS System authorizes the release of astored or impounded vehicle, it is the Tow Operator's responsibility for the vehicle's release. The Tow Operatoris hereby granted authority to release to the registered owner, legal owner, or authorized representative,pursuant to section 22850.3 of the CVC. At the time of release, the Tow Operator shall have the registeredowner, legal owner, or authorized representative taking possession of the vehicle sign a release indicating thatthey are properly licensed and insured to drive a motor vehicle.
29. Disciplinarv Action
The Chief of Police, or his/her designee, shall take disciplinary action against Tow Operators for violationsinvestigated and sustained. Unless othenvise noted, the Chief of Police, oihis¡her designee, will determine theperiod of suspension and shall retain discre.t:on regarding the length of any suspension imposed pursuant to theterms and conditions of this Agreement. The City shall retain record of violations for at least the term of thisAgreement.
30. Maior violatlons
Major violations incf ude any chargeable offense under Federal, State, Local Law and significant violations of thisAgreement. Such violations shall result in suspension or immediate termination of this Ágreement. The Chief ofPolice, or his/her designee, reserves the right to impose longer periods of suspénsions or immediate
termination, if deemed appropriate in his/her sole discretion The Chief of Police, or his/her designee, reservesthe right to remove a Tow Operator from the tow rotation during the investigation of a m4ór violation. Areinstatement from suspension for a major violation will result in a five hundred dóllar (9500.00) fäe. Suspensionwill not be lifted until the reinstatement fee is received by the Chief of Police or his/her designee. ln adäition, amajor violation may also result in the Tow Operator's employee being removed from [articipation in this
Agreement. Examples of major violations include, but are not limited to:
. Physical assault, against public and/or law enforcement. Verbal abuse against public and/or law enforcemento Resisting arrest. Tow Truck Driver under the influence of alcohol or illegal drugs
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o Charging rates that exceed those listed in Attachment B. Vehicle released without authorization. Unauthorized access to storage yard. Theft
¡ Mishandling of vehicles stored as evidence. Unauthorized driver responding to call. Failure to provide information or change of status on any Tow Operator employee or staff. Substantiated private party impound complaints. Any Felony/Misdemeanor arrest. Refusalto take a rotational tow. Failure to utilize the DTS System for all City towing related matters. Repeated late or nonpayment of City franchise fees. Failure to properly secure storage yard
. Failure to obey a lawful order by law enforcement
31. Minor violations
Minor violations will be given to the Tow Operator in the form of a documented warning for the first violation. The
second violation will be in the form of a documented reprimanded and a one hundred dollar ($100.00) fine
Repeated minor violations during the term of the Agreement may be treated as a major violation, and the Tow
Operator will be suspended or terminated from this Agreement. A reinstatement from suspension will result in a
five hundred dollar ($500.00) fee. Suspension will not be lifted until the reinstatement fee is received by the
Chief of Police or his/her designee. Examples of minor violations include, but are not limited to:
. Late payment of City franchise fees. Tow truck drivers not wearing City issued l.D. cards/ proper uniform¡ Unauthorized arrival time in excess of thirty (30) minutes, or forty-five (45) minutes during peak hours. Repeated rejection of dispatched callso Other violations of this Agreement not considered a major violation by the Chief of Police or his/her
designee. Unauthorizedride-a-long. Failure to respond to customers' needs. Failure to maintain proper equipment. Failure to clean up at a collision scene. Vehicle code infractions
32. Hearinq/Appeal
Tow Operator must have a legal existing interest in the tow operation or entitlement subject to the City order
citation, decision or determination to have standing to appeal a decision by the Chief of Police or his/her
designee. An appeal that fails to identify the appellant's standing may be rejected as defective.
ln the event FPD serves Tow Operator with disciplinary action amounting to anything less than a suspension
resulting from a minor violation, the Tow Operator may request a hearing within fifteen ('15) calendar days by
submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow Unit.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension for thirty (30) days or
less resulting from a minor or major violation, the Tow Operator may request a hearing within fifteen (1S)
calendar days by submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow
Unit. Upon receipt of a written request for an appeal, and at the discretion of the Chief of Police, or his/her
designee, the Tow Operator may be allowed to continue rotational tows until the final disposition of the appellate
hearing.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension in excess of thirty (30)
days, or termination of the TSA, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Administrative Hearing Officer by way of the City Manager's Office. The
written appeal shall be in compliance with FMC sections 1-407 and g-1712. Notwithstanding any provision
within Chapter l, Article 4 of the FMC, any person who appeals a suspension in excess of thirty (30) days, or a
termination of the TSA shall not be entitled to placement on the Tow Rotation List or to participate in tows until
such time as any appeal hearing has been concluded and the Administrative Hearing Officer finds that no
grounds for a suspension in excess of thirty (30) days, or a termination of the TSA has been established. Tow
Operator's remedy shall be limited to reinstatement on the tow rotation list in such case and no other
compensation or consideration will be allowed.
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ATTACHMENT B
TOW FEES
Flat price per vehicle per call:
Light Duty Tow/Flatbed $'184.00/Each
Medium Duty Tow $ Average CHP Rates Apply
Heavy Duty Tow $ Average CHP Rates Apply
Water Recovery: $ Average CHP Rates Apply
Technoloov Fee:
DTS Software Fee per Vehicle Towed $ Charge listed in DTS Contract and DTS System
Storaqe Rates:
Passenger cars $ 45.00/per dayMotorcycles $ 45.00/per day
Trucks or Trailers $ Average CHP Rates Apply
lnside Storaqe Rates:
Passenger cars $ 55.00/per dayMotorcycles $ 55.00/per day
Trucks or Trailers $ Average CHP Rates Apply
Gate Fee: No gate fees may be charged between B:00 a.m. through 5:00 p.m. Monday through Friday, excluding
State recognized holidays as listed in the Agreement.
An after hours gate fee may be charged at all other times. The gate fee shall not exceed fifty percent (50%) of the
flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal property
recovery that occur outside normal business hours (excluding lien fees, storage fees, taxes, or other additional
fees).
Non{ow service calls (out of gas, lockouts, and flat tires) shall not exceed one-half the flat rate charge for a light
duty truck response.
City of Fresno Administrative / Franchise Fees:
Vehicle Collision Blocking a Roadway $ 60.00
lllegally Parked / Abandoned Vehicle $116.00
Unlicensed Driver / Expired Registration $189.00
Arrested / Suspended Driver $266.00
DUI Driver $450.00
Allfees listed on the DTS invoice will be received in theform of major credit card, debit card or cash. No
credit card fee will be charged pursuant to CVC section 22651.1 and CCC section 1748.1.
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CITY OF FRESNO
NON-EXCLUSIVE FRANCHISE TOW AGREEMENT
FOR FRESNO POLICE DEPARTMENT
This Non-exclusive Franchise Tow Agreement (TSA) is entered into effect on the 28rh day of December 20'14 set
forth below, at Fresno, California, between the City of Fresno, a municipal corporation (City) and Kevin's
Towing, a sole proprietorship (the Tow Operator).
This Agreement, including all attachments, contains rules and regulations that a tow company agrees to comply
with in order to participate in the tow operations of the City of Fresno Police Department (FPD). Participation in
the FPD Rotation Tow Program (Tow Program) is voluntary. Compliance with all of the terms and conditions of
the Agreement is mandatory for tow companies participating in the Tow Program. A Tow Operator, by agreeing
to participate in the Tow Program, is not acting as an agent for FPD or City when performing services under this
Agreement.
1. Governinq Law and Venue
This Agreement shall be governed by, and construed enforced in accordance with, the laws of the State of
California excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue
for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any
rights and duties hereunder shall be the County of Fresno, California.
2. Entire Aqreement
This Agreement, its attachments and exhibits, when accepted by the Tow Operator either in writing or
commencement of performance hereunder, contains the entire Agreement between the parties with respect to
the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth
herein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by
City in writing.
3. Amendments
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the
parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties;
and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in
writing.
4. Assiqnment or Sub Contractinq
The terms, covenants, and conditions contained herein shall apply to the parties. Furthermore, neither the
performance of this Agreement nor any portion thereof may be assigned or subcontracted by Tow Operator
without the express written consent of City. Any attempt by Tow Operator to assign or subcontract the
performance or any portion of this Agreement without the express written consent of City shall be invalid and
shall constitute a breach of this Agreement.
5. PatenUCopvriqht Materials/Proprietarv Infrinqement
Unless otheruvise expressly provided in this Agreement, Tow Operator shall be solely responsible for obtaining a
license or other authorization to use any patented or copyrighted materials in the performance of this
Agreement. Tow Operator warrants that any Software as modified through services provided hereunder will not
infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Tow Operator
agrees that, in accordance with the more specific requirement below, it shall indemnify, defend and hold City
and City lndemnitees harmless from any and all such claims and be responsible for payment of all costs,
damages, penalties and expenses related to or arising from such claim(s), including, but not limited to,
attorney's fees, costs and expenses.
6. Non-Discrimination
ln the performance of this Agreement, Tow Operator agrees that it will comply with the requirements of section
1735 of the California Labor Code and not engage nor permit any Tow Operators to engage in discrimination in
employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, marital status, or sex of such persons. Tow Operator acknowledges that a
violation of this provision shall subject Tow Operator to all the penalties imposed for a violation of anti-
discrimination law or regulation, including but not limited to, section 1720 et seq. of the California Labor Code.
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7. Termination
ln addition to any other remedies or rights it may have by law, City has the right to terminate this Agreement
without penalty immediately with cause and either party may terminate after thirty (30) days written notice
without cause, unless otherwise specified. Cause shall be defined as any breach of this Agreement or any
misrepresentation or fraud on the part of the Tow Operator. Exercise by City of its right to terminate the
Agreement shall relieve City of all further obligation.
8. Consent to Breach Not Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or
consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any
party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver
of, or excuse for any other different or subsequent breach.
9. Remedies Not Exclusive
The remedies for breach set forth in this Agreement are cumulative as to one another and as to any other
provided by law, rather than exclusive; and the expression of certain remedies in this Agreement does not
preclude resort by either party to any other remedies provided by law.
10. lndependent Tow Operator
Tow Operator shall be considered an independent Tow Operator and neither Tow Operator, its employees nor
anyone working under Tow Operator shall be considered an agent or an employee of City. Neither Tow
Operator, its employees nor anyone working under Tow Operator, shall qualify for workers' compensation or
other fringe benefits of any kind through City.
11. Performance
Tow Operator shall perform all work under this Agreement, taking necessary steps and precautions to perform
the work to City's satisfaction. Tow Operator shall be responsible for the professional quality, technical
assurance, timely completion, and coordination of all documentation and other goods/services furnished by Tow
Operator under this Agreement. Tow Operator shall: perform all work diligently, carefully, and in a good and
workman-like manner; furnish all labor, supervision, machinery, equipment, materials, and supplies necessary
therefore; at its sole expense obtain and maintain all permits and licenses required by public authorities,
including those of City required in its governmental capacity, in connection with performance of the work; and, if
permitted to subcontract, be fully responsible for all work performed by sub-Tow Operators.
12. lndemnification
A) Tow Operator shall indemnify, hold harmless and defend City and each of its officers, officials,
employees, agents and authorized volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to
personal injury, death at any time and property damage) incurred by City, Tow Operator, or any
other person, and from any and all claims, demands and actions in law or equity (including
attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of
performance of this Agreement. Tow Operator's obligations under the preceding sentence shall
apply regardless of whether City or any of its officers, officials, employees, agents or authorized
volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or
damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any
of its officers, officials, employees, agents or authorized volunteers.
B) lf Tow Operator should subcontract all or any portion of the work to be performed under this
Agreement, Tow Operator shall require each subcontractor to indemnify, hold harmless and defend
City and each of its officers, officials, employees, agents and authorized volunteers in accordance
with the terms of the preceding paragraph.
C) This section shall survive termination or expiration of this Agreement.
13. lnsurance
A) Throughout the life of this Agreement, Tow Operator shall pay for and maintain in full force and
effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted
by the California lnsurance Commissioner to do business in the State of California and rated not
less than .A-Vll' in Best's lnsurance Rating Guide, or (ii) authorized by City's Risk Manager. The
following policies of insurance are required:
2
5)
B)
1) COMMERCIAL GENERAL LIABILITY insurance which shall be on the most current version of
lnsurance Services Office (lSO) Commercial General Liability Coverage Form CG 00 01 and
include insurance for "bodily injury," "property damage" and "personal and advertising injury"
with coverage for premises and operations, products and completed operations, and
contractual liability (including, without limitation, indemnity obligations under the Agreement)
with limits of liability of not less than $1,000,000 per occurrence for bodily injury and property
damage, $1,000,000 per occurrence for personal and advertising injury and $2,000,000
aggregate for products and completed operations and $2,000,000 general aggregate.
2) GARAGEKEEPERS LEGAL LIABILITY insurance which shall include coverage for vehicles in
the care, custody, and control of the Tow Operator with limits of liability of not less than
$120,000 per occurrence for property damage.
3) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be on the most current
version of lnsurance Service Office (lSO) Business Auto Coverage Form CA 00 01, and
include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles
(Code '1- Any Auto) with limits of not less than $'1,000,000 per accident for bodily injury and
property damage.
4) ON-HOOIICARGO insurance which shall include coverage for vehicles in tow with limits of
liability based on the size of the tow truck, which are as follows:
a) Class A/B tow truck. . ... ... ... $120,000b) Class C towtruck...... ......$200,000
c) Class D tow truck. ... $300,000
WORKERS' COMPENSATION insurance as required under the California Labor Code and
EMPLOYERS'LIABILITY insurance with minimum limits of $1,000,000 each accident, $1,000,000
disease policy limit and $1,000,000 disease each employee
Tow Operator shall be responsible for payment of any deductibles contained in any insurance
policies required hereunder and Tow Operator shall also be responsible for payment of any self-
insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate
of lnsurance and approved by the City's Risk Manager or his/her designee At the option of the
City's Risk Manager, or his/her designee, either:
1) The insurer shall reduce or eliminate such deductibles or self-insured retention as
respects City, its officers, officials, employees, agents and volunteers; or
2) Tow Operation shall provide a financial guarantee, satisfactory to City's Risk Manager, or
his/her designee, guaranteeing payment of losses and related investigations, claim
administration and defense expenses. At no time shall City be responsible for the payment of
any deductibles or self-insured retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30)
calendar days written notice in favor of City of policy cancellation, change or reduction of coverage,
except for the Workers'Compensation policy which shall provide ten (10) calendar days written
notice of such cancellation, change or reduction of coverage. ln the event any policies are due to
expire during the term of this Agreement, Tow Operator shall provide a new certificate and all
applicable endorsements evidencing renewal of such policy prior to the expiration date of the
expiring policy(ies) to the Chief of Police, or his/her designee, and the City's Risk Division. Upon
issuance by the insurer, broker, or agent of a notice of cancellation, change or reduction in
coverage, Tow Operator shall file with the Chief of Police, or his/her designee, and the City's Risk
Division, a new certificate and all applicable endorsements for such policy(ies).
The General Liability, Automobile Liability and Garagekeepers Legal Liability insurance policies
shall be written on an occurrence form and shall name City, its officers, officials, agents, employees
and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Tow
Operator's insurance shall be primary with respect to the City, its officers, officials, employees,
agents and authorized volunteers with no contribution required of City. Any Workers' Compensation
insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents,
c)
D)
3
employees and author¡zed volunteers. Tow Operator shall have furnished City with the certificate(s)
and applicable endorsements for ALL required insurance prior to City's execution of the Agreement.
E) The fact that insurance is obtained by Tow Operator shall not be deemed to release or diminish the
liability of Tow Operator, including, without limitation, liability under the indemnity provisions of this
Agreement. City shall apply to all claims and liability regardless of whether any insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by Tow Operator. Approval or purchase of any insurance contracts or policies shall in no
way relieve from liability nor limit the liability of Tow Operator, its principals, officers, agents,
employees, persons under the supervision of Tow Operator, vendors, suppliers, invitees,
consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of
them.
F) Upon request of City, Tow Operator shall immediately furnish City with a complete copy of any
insurance policy required under this Agreement, including all endorsements, with said copy certified
by the undenivriter to be a true and correct copy of the original policy. This requirement shall survive
expiration or termination of this Agreement.
G) lf at any time during the life of the Agreement or any extension, Tow Operator fails to maintain the
required insurance in full force and effect, all work under this Agreement shall be discontinued
immediately until notice is received by City that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory to City.
Any failure to maintain the required insurance shall be sufficient cause for City to terminate this
Agreement.
H) lf Tow Operator should subcontract all or any portion of the work to be performed, Tow Operator
shall require each subcontractor to provide insurance protection in favor of the City, its officer,
officials, employees, agents and authorized volunteers in accordance with the terms of each of the
preceding paragraphs, except that the subcontractors certificates and endorsements shall be on file
with the Tow Operator and City prior to the commencement of any work by the subcontractor.
14. Bills and Liens
Tow Operator shall pay promptly all indebtedness for labor, materials, and equipment used in performance of
the work. Tow Operator shall not permit any lien or charge to attach to the work or the premises, but if any does
so attach, Tow Operator shall promptly procure its release and indemnify, defend, and hold City harmless and
be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related
thereto.
15. Ghanqe of Gontrol
Tow Operator agrees that if there is a change or transfer in ownership or control of the Tow Operator's business
prior to completion of this Agreement, unless such change or transfer is to "immediate family" as defined in
Fresno Municipal Code (FMC) section 3-101(e) and approved in writing by the Chief of Police, or his/her
designee, such change or transfer shall terminate this Agreement. This includes but is not limited to changes in:
Corporate Board Members, Managers, Directors, Treasurer, Trustees, or ownership interests All changes or
transfers to "immediate family" must be approved by the Chief of Police, or his/her designee, prior to such
change or transfer in order for the Tow Operator to remain on the tow services list. Final written approval or
disapproval for the change or transfer in ownership or control will be given by the Chief of Police or his/her
designee. All "immediate family" members involved in the potential transfer and operation of the Tow Operator
shall be required to undergo a background check, review, and "Livescan" fingerprint screening. The "immediate
family" members involved in the change or transfer of ownership or control must also possess and keep current
all licensing certificates and insurance as required in this Agreement. The "immediate family" members who will
operate or othenvise be legally responsible for the Tow Operator will be required to execute a new TSA
A) Tow Operator owners shall be directly involved in the day{o-day operations of their
business and shall not be directly involved in the towing-related business of any other tow
company on, or applicant for, the Tow Rotation List. Co-mingling of operations, business,
offices, board members, and finances is strictly prohibited.
B) lf terminated or suspended, Tow Operator and/or its owner at the time of the suspension or
termination, shall not be eligible for a rotation listing for the duration of the suspension or
termination. This section applies to the Tow Operator working in any capacity within any tow
4
business or operating any tow business and to the tow business even if operated under new
ownership.
C) Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow
Rotation List, excluding equipment which may be unavailable due to repairs or when there is a need
for equipment replacement and written approval is obtained from the Chief of Police or his/her
designee.
16. Force Maieure
Tow Operator shall not be in breach of this Agreement caused by any act of God, war, civil disorder,
employment strike or other cause beyond its reasonable control, provided Tow Operator gives written notice of
the cause of the delay to City within thirty-six (36) hours of the start of the delay and Tow Operator avails itself of
any available remedies.
17. Confidentialitv
Tow Operator agrees to maintain the confidentiality of all City and City-related records and information pursuant
to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term
of this Agreement. All such records and information shall be considered confidential and kept confidential by
Tow Operator and Tow Operator's staff, agents and employees.
18. Compliance with Laws
Tow Operator represents and warrants that services to be provided under this Agreement shall fully comply, at
Tow Operator's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and
regulations, including, but not limited to those issued by City in its governmental capacity and all other laws
applicable to the services at the time services are provided to and accepted by City. Tow Operator
acknowledges that City is relying on Tow Operator to ensure such compliance (collectively Laws). Tow Operator
agrees that it shall defend, indemnify and hold City and City lndemnitees harmless from all liability, damages,
costs, and expenses arising from or related to a violation of Laws.
19. Pricinq
The Agreement price shall include full compensation for providing all required services in accordance with the
Scope of Work attached to this Agreement, and no additional compensation will be allowed therefore, unless
otherwise provided for in this Agreement. Tow Operator shall pay the City Franchise Fees as listed in
Attachment "8", or "City Administrative / Franchise Fees", in accordance with Paragraph 25 of Attachment "4".
20. Terms and Conditions
Tow Operator acknowledges that the undersigned has read and agrees to all terms and conditions included in
this Agreement.
21. Severabilitv
lf any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired or invalidated thereby.
22. Galendar Davs
Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless
othenruise expressly provided.
23. Attornev Fees
lf either party is required to commence any proceeding or legal action to enforce any term, covenant or condition
of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other
party its reasonable Attorney's fees and legal expenses.
24. Interpretation
This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in
the matters dealt with in this Agreement. ln addition, each party has been represented by experienced and
knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel
despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have
not been influenced to any extent whatsoever in executing this Agreement by any other party hereto or by any
person representing them, or both. Accordingly, any rule or law (including California Civil Code section 1654) or
legal decision that would require interpretation of any ambiguities in this Agreement against the party that has
5
drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable
manner to affect the purpose of the parties and this Agreement.
25. Authoritv
The parties to this Agreement represent and warrant that this Agreement has been duly authorized and
executed and constitute the legally binding obligation of their respective organization or entity, enforceable in
accordance with its terms.
26. EmploveeEliqibilitvVerification
Tow Operator warrants that it fully complies with all Federal and State statutes and regulations regarding the
employment of aliens and others and that all its employees performing work under this Agreement meet the
citizenship or alien status requirement set forth in Federal statutes and regulations. Tow Operator shall obtain,
from all employees performing work hereunder, all verification and other documentation of employment eligibility
status required by Federal or State statutes and regulations including, but not limited to, the lmmigration Reform
and ControlAct of 1986, B U.S.C. 51324 et seq., as they currently exist and as they may be hereafter amended.
Tow Operator shall retain all such documentation for all covered employees for the period prescribed by the law.
Tow Operator shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its
agents, officers, and employees from employer sanctions and any other liability which may be assessed against
Tow Operator or City or both in connection with any alleged violation of any Federal or State statutes or
regulations pertaining to the eligibility for employment of any persons performing work under this Agreement.
27. Additional Terms and Conditions
A) Term of Agreement: This Agreement shall commence on December 28, 2014, and shall be
effective for three (3) years from that date, unless othenruise terminated by City.
B) Fiscal Appropriations: This Agreement is subject to and contingent upon applicable budgetary
appropriations being made by the City for each year during the term of this Agreement. lf such
appropriations are not forthcoming, the Agreement will be terminated without penalty. Tow
Operator acknowledges that funding or portions of funding for this Agreement may also be
contingent upon the receipt of funds from, and/or appropriation of funds by City. lf such funding
and/or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate
or modify this Agreement without penalty.
C) Gonflict of lnterest (Tow Operator): Tow Operator shall exercise reasonable care and diligence to
prevent any actions or conditions that result in a conflict with the best interest of City. This
obligation shall apply to Tow Operator, Tow Operator's employees, agents, relatives, and third
parties associated with accomplishing the work hereunder. Tow Operator's efforts shall include, but
not be limited to, establishing precautions to prevent its employees or agents from making,
receiving, providing, or offering gifts, entertainment, payments, loans, or other considerations which
could be deemed to appear to influence individuals to act contrary to the best interest of City.
D) Tow Operator Work Hours and Safety Standards: Tow Operator shall ensure compliance with all
safety and hourly requirements for employees, in accordance with federal, state, and City safety
and health regulations and laws.
E) Orderly Termination: Upon termination or other expiration of this Agreement, each party shall
promptly return to the other party all papers, materials, and other properties of the other held by
each for purposes of execution of the Agreement. ln addition, each party will assist the other Party
in orderly termination of this Agreement and the transfer of all aspects, tangible and intangible, as
may be necessary for the orderly, non-disruptive business continuation of each party.
F) Reprocurement Gosts: ln the case of default by Tow Operator, City may procure the service from
other sources and, if the cost is higher, Tow Operator will be held responsible to pay City the
difference between the Agreement cost and the price paid. City may make reasonable efforts to
obtain the prevailing market price at the time such services are rendered. This is in addition to any
other remedies available under law.
G) Authorization Warranty: Tow Operator represents and warrants that the person executing this
Agreement on behalf of and for Tow Operator is an authorized agent who has actual authority to
bind Tow Operator to each and every term, condition, and obligation of this Agreement and that all
requirements of Tow Operator have been fulfilled to provide such actual authority.
b
H) Notices: Any and all notices permitted or required to be given hereunder shall be deemed duly
given (1) upon actualdelivery, if delivery is by hand; or (2) upon delivery by the United States mail if
delivery is by postage paid registered or certified return receipt requested mail; or (3) through
electronic means such as, email or the Dispatch & Tracking Solutions Software System (DTS).
l) Data - Title to: All materials, documents, data or information obtained from City data files or any
City medium furnished to Tow Operator in the performance of this Agreement will at all times remain
the property of City. Such data or information may not be used or copied for direct or indirect use
by Tow Operator after completion or termination of this Agreement without the express written
consent of City. All materials, documents, data or information, including copies, must be returned to
City at the end of this Agreement.
J) Usage: No guarantee is given by City to Tow Operator regarding usage of this Agreement. Usage
figures, if provided, are approximate, based upon the last usage. Tow Operator agrees to supply
services and/or commodities requested, as needed by City, at prices listed in the Agreement,
regardless of quantity requested.
K) Tow Operator's Records: Tow Operator shall keep true and accurate accounts, records, books
and data which shall correctly reflect the business transacted by Tow Operator in accordance with
generally accepted accounting principles. These records shall be stored at the Tow Operators
principal place of business for a period of three (3) years after final payment is received by City.
L) Audits/lnspections: Tow Operator agrees to permit City's authorized representative (including
auditors from a private auditing firm hired by City) access during normal working hours to all books,
accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose
of auditing or inspecting any aspect of performance under this Agreement. The inspection and/or
audit will be confined to those matters connected with the performance of the Agreement including,
but not limited to, the costs of administering the Agreement. City reserves the right to audit and
verify Tow Operator's records before or after final payment is made.
Tow Operator agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of records retention is stipulated under this Agreement or
by law. Tow Operator agrees to allow interviews of any employees or others who might reasonably
have information related to such records. Further, Tow Operator agrees to include a similar right to
City to audit records and interview staff of any sub-Tow Operator related to performance of this
Agreement.
M) Should Tow Operator cease to exist as a legal entity, Tow Operator's records pertaining to this
Agreement shall be forwarded to the Chief of Police or his/her designee.
28. Disputes-AqreementA) The Parties shall deal in good faith and attempt to resolve potential disputes informally.
1) Tow Operator shall submit to the Chief of Police, or his/her designee, a written demand for a
final decision regarding the disposition of any dispute between the parties arising under,
related to, or involving this Agreement, unless City, on its own initiative, has already rendered
such a final decision.
2) Tow Operator's written demand shall be fully supported by factual information, and, if such
demand involves a cost adjustment to the Agreement, Tow Operator shall include with the
demand a written statement signed by a senior official indicating that the demand is made in
good faith, that the supporting data are accurate and complete, and that the amount
requested accurately reflects the Agreement adjustment for which Tow Operator believes City
is liable.
Pending the final resolution of any dispute arising under, related to, or involving this Agreement,
Tow Operator agrees to diligently proceed with the performance of this Agreement. Tow Operator's
failure to diligently proceed shall be considered a material breach of this Agreement.
Any final decision of City shall be expressly identified as such, shall be in writing, and shall be
signed by the City Hearing Administrative Officer, or Chief of Police, or his/her designee, as
applicable. lf City fails to render a decision within ninety (90) days after receipt of Tow Operator's
-7 -
B)
c)
demand, it shall be deemed a final decision adverse to Tow Operator's contentions. City's final
decision shall be conclusive and binding regarding the dispute unless Tow Operator commences
action in a court of competent jurisdiction.
29. Breach of Aqreement
The failure of the Tow Operator to comply with any of the provisions, covenants or conditions of this Agreement
shall be a material breach of this Agreement. ln such event the City may, and in addition to any other remedies
available at law, in equity, or othenrvise specified in this Agreement, undertake any of the individual actions or
any combination of the following actions:
1) Afford the Tow Operator written notice of the breach and ten calendar days or such
shorter time that may be specified in this Agreement within which to cure the
breach;
2) Suspend and/or remove Tow Operator from the rotation;
3) Terminate the Agreement immediately, without any penalty.
The Parties hereto have executed this Agreement.
Title: ¿tJ44,K
oatey'7- /o '//
TOW OPERATOR*:
Bv:ïitle:
Print Name: Date:
*lf a corporation or limited liability company, the document must be signed by two corporate officers. The first signature
must be either the Chairman of the Board, President, or any Vice President. The second signature must be the
secretary, an assistant secretary, the Chief Financial Officer, or any assistant treasurers. ln the alternative, a single
signature is acceptable when accompanied by a corporate document demonstrating the legal authority of the
signature to bind the company.
Date:
APPROVED AS TO FORM
DOUGLAS T. SLOAN
City
ATTEST:
WONNE SPENCE, CMC
City Clerk
Date:tt.øtt
By:: Date:
CITY OF FRESNO.
A municipal
I
t z/zz/ t4
ATTACHMENT A
SCOPE OF WORK
1. Scope of Work
Tow Operator shall perform the towing, and storage of vehicles as directed by the City, and in addition, such
other services as provided in this Scope of Work, and shall provide necessary storage facility, tow vehicles,
labor, materials, equipment, machinery, and tools. The Tow Operator shall comply with all State laws and
regulations, applicable to tow units and impound, towing, storage, selling or junking of vehicles. Tow operators
must follow all guidelines set forth by equipment manufactures recommendations as to their use and care of all
towing related equipment. All permits and licensing fees as specified under California Vehicle Code (CVC)
sections 34620 through 34624 shall be in fullforce and effect at alltimes during this Agreement. Any violation of
this section will be considered a material breach of the Agreement and may result in immediate termination of
this Agreement.
2. Towinq Services and Duties
It shall be the duty of the Tow Operator, when so directed by the City, to provide prompt tow service for vehicles
which are taken into custody by the City. This includes vehicles involved in collisions or disabled by any other
cause, abandoned in public places or on private property. Vehicles impounded for evidence, impeding the flow
of traffic, or which for any other reason, are within the jurisdiction of the FPD. As required by law, Tow
Operators are to remove from the street all debris resulting from said collisions and to clean the immediate area
of such street (CVC section 27700(a)(1)). lt shall also be the duty to provide for the safety and security of those
vehicles and the contents thereof These duties are inherent to the job and are to be included in the price of the
basic tow bill.
The tow truck operator shall provide a business card to the registered owner or driver for the vehicle being
towed. The business card shall contain the name, address and phone number of the tow company as well aé
the link to the vehicle search system in DTS as follows: www.findmytow.com
Tow truck operators and/or drivers will not be permitted to drive an impounded or recovered stolen vehicle or
vehicle intended for storage from a FPD rotation call or special operation. Any exceptions must be at the
direction of the FPD officer in charge of the scene and should be limited to repositioning the vehicle to allow for
towing.
The City has designated two (2) tow companies for evidence impound tows and no other rotation tow company
shall maintain custody over these vehicles at any time. lf an officer impounds a vehicle for evidence and a non-
preference rotational tow is dispatched, it is the responsibility of the tow driver to verify with the officer on scene
as to whether a vehicle is to be held for evidence. lf it is determined that the vehicle is to be held for evidence,
the tow driver must immediately notify the officer on scene that the company is not authorized to handle
evidence impounds and an evidence tow company shall be dispatched. Tow Operator shall then contact the
Tow Unit on the same business day, or within the next business day if such tow occurs after regular business
hours. Acceptance of an evidence tow by a non-designated evidence tow company will result in disciplinary
action and full financial responsibility for all tow and storage fees for each violation.
lf terminated or suspended, Tow Operator and/or owner at the time of the suspension or termination, shall not
be eligible for a rotation listing for the duration of the suspension or termination. This provision applies to the
Tow Operator working in any capacity within any tow business or operating any tow business and to the tow
business even if operated under new ownership.
Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow Rotation List,
excluding equipment which may be unavailable due to repairs or when there is a need for equipment
replacement and written notice has been obtained from FPD.
3. Special Operations
FPD conducts special operations coordinated through the Traffic Bureau throughout the year that requires tow
companies at the location of the special operation. Tow companies on the Tow Rotation List that are in good
standing with FPD may be invited to participate in these operations, provided they are willing to remain with the
special operation until its conclusion and forfeit any rotational tow calls (FPD, California Highway Patrol, or
other) received during the duration of the operation. "Good standing" shall mean that Tow Operator has not
violated, or is not in violation of the terms of this Agreement, the provisions of the FMC, State, or Federal law.
All special operations tows will be subject to the provisions of this Agreement. Tow Operator shall respond to a
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special operation with a flatbed tow truck with the capability of towing (2) vehicles. No ride alongs will be allowed
on any special operations unless the ride along is the Tow Owner or a Tow Driver who is in training and has
been approved by FPD.
4. Siqnaqe and hours of Operation
The storage yard or business office shall have a sign that clearly identifies it to the public as a towing service.
The sign shall have letters that are clearly visible to the public from the street and must be visible at night. All
storage facilities must be accessible to City personnel twenty-four (24) hours per day and seven (7) days per
week. The Tow Operator will provide customer service twenty-four (24) hours per day and seven (7) days per
week for the release of vehicles.
Tow Operator shall provide at least one person at a call station to respond and release vehicles within thirty (30)
minutes. Tow Operator shall maintain all signage required pursuant to CVC sections 22850.3 and22651.07
and include an after-hours contact phone number for Tow Operator.
5. Response Time
Tow Operator shall respond to calls twenty-four (24) hours a day, seven (7) days a week, within the maximum
response time limits as established by the Chief of Police or his/her designee. A reasonable response time is
thirty (30) minutes or less, except during peak hours of 7.00 a.m. to 9:00 a.m. and 4:00 p m. to 6:00 p.m.,
(Monday through Friday), when the required response time will be extended to forty-five (45) minutes or less.
Tow Operator shall respond with a tow truck of the class required to tow the vehicle specified by the DTS
System.
6. Non-Response
The Tow Operator shall update the DTS System at the time of dispatch to a tow rotation request. lf the Tow
Operator is either unable to respond or unable to meet the maximum response time, the tow operator shall
immediately update the DTS System accordingly. lf, after accepting the call, the Tow Operator is unable to
respond or will be delayed in responding, the Tow Operator shall immediately update the DTS system
accordingly.
To decline or refuse to respond will be considered a non-response. Each non-response will be immediately
documented in the DTS System. Each non-response will be logged by the DTS System and reviewed by the
City. lf the fault for the non-response is attributed to other than the Tow Operator, the Tow Operator will be
placed back in the rotational list and called at the next opportunity in line.
One such breach, determined to be the fault of the Tow Operator, will be grounds for written reprimand which
may be subsequent to a meeting between the Tow Operator and the City. A second breach may be grounds for
a (30) thirty-day suspension of this Agreement. A third violation will be considered a material breach of the
Agreement and may result in immediate termination of this Agreement.
ln the case of suspension or termination, all vehicles then in storage at the time of the suspension or termination
remain protected under this Agreement as City's impounds and the Tow Operator is so bound. The City will
have the option to remove and/or transfer stored vehicles.
When a Tow Operator will be temporarily unavailable to provide services due to preplanned/scheduled activity,
such as a vacation, maintenance, medical leave, etc., the Tow Operator will notify City in writing via the DTS
system at least forty-eight (48) hours in advance. City reserves the right to deny these requests to maintain
adequate service levels for tow operations. Failure to notify the City will be considered a non-response and a
material breach of this agreement.
7. StoraqeResponsibilities
It shall be the duty of the Tow Operator to provide impound and other storage service for all vehicles as directed
by the City. The Tow Operator shall be responsible for all vehicles, accessories and equipment thereon and all
personal property therein stored by Tow Operator. lt shall be the Tow Operators' duty to protect such stored
vehicles, accessories, equipment, and property against all loss or damage by fire, theft or other causes The
Tow Operator will have available for review by City personnel, all permits and proof of compliance to all local
zoning, special use, conditional use and special requirements, laws and regulation. lt is the responsibility of the
Tow Operator to ensure vehicles are stored in a secured facility.
8. Size and Location of Storaqe Facilitv
The tow yard shall be located within the City of Fresno's "Metropolitan Area." Metropolitan area is defined as
within the borders of Copper Avenue to the north, American Avenue to the south, DeWolf Avenue to the east,
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and Chateau Fresno to the west. Tow Operator shall be responsible for the security of vehicles and property at
the place of storage. At a minimum, a six (6) foot fence or enclosed secured area is required for outside
storage. A minimum of 5,000 square feet, or room for twenty (20) vehicles, shall be provided All tow yards
located with the City of Fresno shall be in compliance with the FMC, current Directors Class #208 and shall
follow the current Development and Resource Management Department's Policy and Procedure C-002. lf the
tow facility is located outside the City of Fresno, the tow operator is required to provide written proof that the
yard is in compliance with the authorizing jurisdiction. Tow Operator is responsible for the reasonable care,
custody, and control of any property contained in towed or stored vehicles. The storage facility and business
office will be located at the primary storage yard and shall be maintained in a functional, clean and orderly
fashion. The facility shall have a telephone, on-site fax machine and the necessary computer equipment to
properly run DTS software and to send and receive email.
ln the event of criminal activity at a storage facility, the City may require the Tow Operator to take measures to
assist in preventing such crimes. These measures could include, but are not limited to: the yard being
illuminated during darkness, with security type lighting, to such a degree that visual observation of the entire
yard may be accomplished at alltimes, improved fencing and/or security patrols.
All vehicles stored or impounded as a result of a tow ordered by the City shall be towed directly to a towing
service storage lot unless the City, or in the case of a citizen's assist, a person legally in charge of the vehicle,
requests that it be taken to some other location.
All vehicles towed as a result of action taken by the City will be stored at the Tow Operator's principal place of
business unless directed otherwise by the City's Tow Coordinator Vehicles stored at an auxiliary storage facility
will be considered a breach of this Agreement. The Tow Operator shall not remove personal property from a
stored vehicle. lf the registered owner removes personal property from a stored vehicle, the Tow Operator will
maintain documentation of such and will require a signed receipt from the registered owner for property
released. The Tow Operator shall immediately notify the City if any contraband, weapons or hazardous
materials are found in the vehicle(s).
9. Enclosed Facilitv
The Tow Operator may maintain, without charge to the City or any other person, separate and enclosed garage
facilities no less than 1,000 square feet of clean working space. The facility must be constructed to includaa
roof and at least four walls of substantial design to withstand the elements and protect the vehicles from the
weather. The facility should have a concrete floor and sufficient lighting. This inside facility must be located at
the Tow Operator's primary storage yard. This inside facility is not required to qualify for the City's rotation,
however, when inside storage is requested for a particular vehicle, the next Tow Operator in line meeting the
needs of the City's request will be used.
10. DTS Requirements
Tow Operator shall utilize the most recent, updated and upgraded DTS software program, to dispatch and track,
via a web-based lnternet connection Tow Operators will be required to enter the towed vehicle information as
instructed by the City. At no time will a vehicle be released, subject to lien, or junked from impound without all
required data fields being entered into the DTS system by the Tow Operator. The Tow Operator shall clearly
identify and enter into DTS the name of the person to whom the vehicle was actually released. All City tow
requests shall be made utilizing this program. Failure at any time to have the DTS program in full operation shall
cause the immediate removal of the Tow Operator from the tow rotation and be grounds for immediate
termination by City. Tow Operator must enter into a separate agreement, or license for the DTS software
program with the owner of that proprietary software. The City shall not provide the DTS software program, any
licensing or sub-licensing thereof or any intermediary services for the procurement by Tow Operator of the DTS
software program. This Agreement shall not be executed by the City until Tow Operator has demonstrated to
the City's satisfaction compliance with the requirements set forth herein. Tow Operator shall be liable for all
fees, charges, prices, rates and service charges required from DTS. DTS shall be utilized in "real time" and all
entries should reflect as such. lnvoices shall be used from DTS when releasing vehicles and be pursuant to
section 22651.07 of the CVC. The only Tow Operator personnel authorized to utilize and access DTS are those
that have fully complied with the provisions set forth in Section 12, "Tow Operator Personnel" of this Agreement.
lf the Tow Operator is not in FULL compliance with the above stated requirement, the Tow Operator will be
removed from the City towing rotation. ln the event that DTS fails to provide software services, or the City elects
to utilize a new software provider, the Tow Operator will be required to use the replacement towing software
system. lf that occurs, all references to DTS in this Agreement shall instead be interpreted as references to the
new software program.
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11. Official Notification bv Citv Reqardino Tow
Official notification by City regarding tow services is considered any form of written, email, verbal instructions or
notifications received from an authorized City employee or electronic notice from the DTS program. lf the Tow
Operator receives verbal instructions or notifications from a City employee the Tow Operator must respond to
City, by 5:00 p.m. (PST) on the next business day.
12. Tow Operator Personnel
A.) Conduct
The Tow Operator shall perform the services required of it in an ethical, orderly manner, endeavoring to
obtain and keep the confidence of the public. At no time will the Tow Operator or its agent or any
employee of the Tow Operator exhibit any of the following behavior: rudeness, or othen¡vise being
uncooperative, argumentative, threatening, incompetent or acting in a dangerous manner with any City
employee, or with any member of the public. The City reserves the right to cancel an individual tow
assignment, if in the opinion of the City, the Tow Operator is acting in a rude, uncooperative,
argumentative, threatening, incompetent or dangerous manner. The City also reserves the right to cancel
an indlvidual tow assignment if in the opinion of the City the Tow Operator is likely to damage the vehicle
for which the tow service was called. Other examples of unacceptable behavior include but are not limitedto: profanity, abusive language, disconnecting telephone calls for public inquiries regarding a tow,
threatening, aggressive, or assertive language, failure to provide timely information or documents in
response to a public or City inquiry, lack of respect to any City personnel or member of the public,
destruction or damaging of evidence, failure to comply with the reasonable request of a member of the
public, failure to release vehicle in a timely manner, failure to make appointment for release of vehicle
during evening or weekend hours, failure to promptly be on site at time of appointment for release of
vehicle during evening or weekend hours, impeding an investigation or any other conduct which the City
deems unprofessional.
lf the Tow Operator is found to be in violation of this conduct clause, the City will cancel the Tow Operator
and request the next Tow Operator in rotation. Any such behavior as set forth above shall be considered
a material breach of this Agreement and may be grounds for immediate suspension or immediate
termination by the City, without penalty.
B.) PersonnelAooearance
Tow Operators shall be required to furnish their employees with a distinctive company uniform Each
uniform shall have the firm's name, as well as the employee's name, in a conspicuous place. The tow
company's name and driver's first name shall be clearly visible at all times, meaning that protective or
inclement weather outer garments must meet this standard. Each employee shall have sufficient uniforms
so as to maintain a neat, clean appearance at all times. Minimum requirements for uniforms include a
shirt, long pants, and appropriate safety shoes. All drivers shall be in uniform before any towing or service
operation begins. No wording, designs, photos, gestures, or anything that could be considered offensive
or obscene to the general public shall be displayed by the Tow Operators or on any part of the uniform.
Dress standards are required in order to project a professional and positive image to the public.
All employees must be neat, clean and well groomed in appearance. ln order to ensure a professional
appearance, all tattoos must be concealed by operators while working. Personnel will be required to
conceal any tattoos with gloves, collars, long sleeves, or by other means acceptable to the City. Facial
tattoos of any variety are not permitted. No facial piercings shall be worn while on duty.
Drivers shall wear safety vests or reflectorized clothing that conforms to Occupational Safety and Health
Administration (OSHA) requirements. Alternatively, the OSHA safety requirements may be incorporated
into the uniform, jacket, or rain gear, as long as these items are worn as the outermost garment.
C.) UnlawfulActivitv
The Tow Operator or it's employees shall not be involved, nor shall the Tow Operator or its employees
become involved in any agreement or activity whether verbal, written or conveyed in any other manner,
any activity or business venture which may be construed as unlawful. lf the City deems the involvement
to be unlawful, the City may immediately terminate this Agreement.
The Tow Operator shall not provide any direct or indirect commission, gift or any compensation to any
person or public or private entity, in consideration of arranging or requesting the services of a tow truck as
provided in section 12110 of the CVC.
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No Tow Operator will be involved or solicit any compensation of any kind including but not limited to
involvement with any other company or business that might result in income or consideration as a result of
any activity initiated by the City.
An example of such a prohibited involvement could include but is not limited to: fìnancial reimbursement
by auto-body repair business for referrals, or towing directly from the scene of a collision to the auto-body
shop without prior unsolicited approval or request by the registered owner, driver or insurance company
representative of the damaged vehicle; kickback to or from a security company or homeowner's
association for "finding" or towing a vehicle from a location, whether private property, public, off street
parking facility or a public roadway. Violation of this provision shall be grounds for immediate termination
by City, without penalty.
D.) Personnel Licenses
Tow Operators providing services under this Agreement, including tow truck drivers, dispatchers and other
office personnel, will have sufficient knowledge, experience and capability to ensure safe and proper
discharge of their service responsibilities. lt will be the responsibility of the Tow Operator to ensure that all
of its personnel will be properly licensed in accordance with sections 12500, 12520, and 12804.9 of the
CVC. All tow truck drivers and tow truck operators shall be enrolled in the "Pull Notice" program as defined
in CVC section1808.1 et seq.. Drivers must complete a CHP approved Tow Operator Course every five
(5) years and copies of completion of the course shall be sent to the City. All Tow Operators and
personnel shall have no criminal record which would preclude them from being placed in a position of trust
while in the service of a law enforcement agency or any crime listed below under the heading of "Criminal
Record."
E.) Fingerprints
All owners and employees who have not previously submitted their "LiveScan" fingerprint samples shall
submit their "LiveScan" fingerprint samples, at their own expense, through the City prior to being awarded
this Agreement, for the purposes of verifying their criminal history with the Department of Justice.
Failure to provide information regarding the identity of the owner, employee, or anyone else with a
financial interest in the Tow Operator will result in termination of this Agreement. The Tow Operator will
provide the City with information regarding any change in employee status immediately and update DTS
to reflect such changes. Failure to comply may result in fufther disciplinary action, and will be considered
a breach of this Agreement.
After execution of this Agreement, no person shall be employed by the Tow Operator or perform any
service under this Agreement until the background record check and "LiveScan" is completed and
approved by the City and said employee has received their identification badge from the City
Notwithstanding the foregoing, Tow Operators and owners that have towed for the City under the previous
Tow Service Agreement and have completed a new background and "LiveScan" check will be allowed to
continue to tow for the City until such time as the results of the background and "LiveScan" submissions
are reviewed and approved by the City.
Any employee of the Tow Operator that has left employment with said Tow Operator and returned and
been rehired must complete an additional background check before performing services pursuant to this
Agreement
F.) Criminal Record
A conviction of anyone with a financial interest in the Tow Operator, or any employee of the Tow Operator,
including but not limited to any of the following offenses, may be cause for denial of application or
termination of this Agreement:
. Any crimes listed in California Penal Code section 290¡ DU|-Within 5 years of the Date of Fingerprinting
¡ Vehicle theft. Fraud. Stolen Property. Crimes of Violence. Any felony crime relating to narcotics or any controlled substance. Any other crimes enumerated in CVC section 2432.3
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. Actively on parole or on any form of probation. Crime of moral turpitude. Sex, Arson, Narcotics Registrant¡ Other felony conviction
The City is not required to provide any reason, rationale or factual information in the event it elects to deny
application or remove any of Tow Operator's personnel from providing services for the City under this
Agreement. Tow driver or employee applicants denied under this section may appeal to the Chief of
Police or his/her designee. All decisions by the Chief of Police, or his/her designee, are final.
ln the event the Tow Operator or employee is convicted or is under investigation, the Tow Operator may
be given the opportunity to replace that employee without prejudice to the Agreement. Nothing shail
prohibit the City from removing, suspending or terminating the Agreement. lt will be the responsibility of
the Tow Operator to provide the City with updated information regarding any illegal activity, arrest(s) or
conviction of any Tow Operator and/or employee. For the purpose of this section, any conviction or plea
of guilty or nolo contendre, even to any lesser-included offense, are considered convictions. Failure to
provide information regarding the identity of the employee, or anyone else with a financial interest in the
Tow Operator will result in termination of the Agreement. Failure to provide information to the City of any
information regarding the conviction of any of the above crimes may also result in termination of the
Agreement.
G.) ldentifícationBadges
Each tow truck driver or employee of the Tow Operator shall wear, in plain view an identification badge,
authorized and issued by the City to that employee, while on any call for service where the City is
involved. lf a tow truck driver responds to a scene without his authorized name badge, the tow truck
driver will be dismissed from the scene and the next Tow Operator in rotation will be called. Failure to
catry an identification badge will be considered a violation as stated in Section 31, "Disciplinary Action," of
this Agreement. The purpose of these badges will be to identify those employees of the Tow Operator
who have been fingerprinted by the City and have passed the record check by the Department of Justice
All identification badges are the property of the City and will be returned by the Tow Operator to the City
within forty-eight (a8) hours of an employee's separation. Tow Operator will provide a current list of ail
staff including drivers, dispatchers, etc. Anytime there are any changes to this list, the City is to be notified
by the next business day and provided with an updated and current list.
13. Tow Operator Licensinq and Certification
All licensing and certifications required by Federal, State and local authorities shall be maintained current and
valid at all times as required in CVC sections: 34507 .5, 34600 et seq, 34620, and 1211 1 , and sections 7231 et
seq, of the California Revenue and Taxation code. Failure to have any required license or certification, including
any driver who fails to have an appropriate class of license, may be grounds for immediate termination by City
without penalty.
14. lnspection
All real property and improvements thereon, and all vehicle facilities, equipment and materials used by the Tow
Operator in the performance of the services required herein shall be open to inspection by the City or its
authorized representative, and will be subject to no less than one annual inspection. Additional inspections may
be conducted without notice during normal business hours. lnspections may include, but are not limited to, all
books, accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose of auditing
or inspecting any aspect of performance directly related to this Agreement. ln the event that the City determineé
that the real property and improvements thereon are insufficient, derelict or fail to meet the requirements as
called out in this Agreement, this Agreement may be terminated by City immediately, without penalty.
15. Vehicle and Equipment Requirements
Tow vehicles will be maintained in compliance with sections 24605, 25253,25300, 27700 and 27907 of the
CVC. Tow vehicles will be of at least 14,000 lbs. GVWR with dual rear wheels, with the ability to tow two (2)
vehicles, or a vehicle and/or a trailer. Tow vehicles must have two-way communication capabilities and the
ability to communicate and connect with the DTS System at all times. The Tow Operator shall have equipment
capable of towing from off-road areas, towing from underground facilities, and recovery services with an
adjustable boom with at least five tons of lifting capacity ln addition to the conventional wheel lift towing
capabilities, the Tow Operator shall maintain at least one or more flatbed or rollback trucks with a minimum of
fifty (50) feet of cable, and the required safety equipment. Unless othenryise specified by the City, all Tow
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Operators shall respond to a tow service request with a flatbed or rollback truck as specified above. At the
discretion of the tow operator, a wrecker may be used to respond to a tow service request. lf for any reason the
Tow Operator is unable to complete the tow service request with the wrecker, the Tow Operator will not be
placed back on the top of the rotation list and a new Tow Operator will receive the tow service request.
A 3-axle or 25-ton truck is not required equipment. However, Tow Operators that possess this equipment will be
placed on a heavy-duty tow rotation list.
All trucks must have the required emergency lighting, portable stop and tail lamps, a broom, shovel, fire
extinguisher (rating 4-8, C), a utility light, reflective triangles, a large pry-bar, covered trash cans with approved
absorbent, rags, unlocking equipment, dollies (boom trucks), chains, and/or tie downs.
Wheel lift trucks will maintain at least 100 feet of cable and all safety equipment as required by the
manufacturer.
Tow vehicles must have a cable winch of sufficient size and capacity to retrieve vehicles that have gone off
traveled portions of roadways into inundated areas or other inaccessible locations. Winches must have visible
lD tags designating the model, make, serial number, and rated capacity.
All tow trucks used in City tows will be subject to a yearly inspection. This does not preclude the City from
conducting random inspections throughout the year.
16. Vehicleldentification
Tow vehicles shall display identification signs in compliance with section 27907 of the CVC. The Tow Operator
shall not display any sign or advertising material that indicates that his tow vehicles are an official police service
of the City.
17. Gharqes and Fees to be collected from Reqistered Owners
All rates and charges shall be conspicuously posted in the office and in all tow vehicles. These rates shall quote
complete charges and fees with no additional fees to be added at a later date. These rates will be available for
review by City personnel and/or the person for whom tow service is provided. All fees collected shall be itemized
and invoiced in DTS in accordance to section 22651.07 of the CVC. lt will be the Tow Operator's responsibility
to collect his bill for service, and the City will not be responsible in any way for these charges. Storage fees will
be calculated on the calendar day except the first 24-hours which is counted as a single day in accordance with
California CivilCode (CCC) 3068.1 (seeAttachment B). Allfees listed on the DTS invoicewill be received in the
form of major credit card, debit card, or cash. All fees collected, both City and Tow Operator fees, must be
invoiced through the DTS system prior to release and at the time of payment. No credit card fees will be
charged pursuant to CVC section 22651.1 and CCC section 1748.1 for any portion of the fees. The City
reserves the right to change all payment methods during the term of this agreement.
18. Lien Fees
At no time shall the City be charged a lien fee on a towed or impounded vehicle. No lien shall be attached to
any vehicle that has been impounded by the City until after seventy-two (72) hours from the time of storage as
listed in the DTS system have passed pursuant to section 22851i2of the CVC. All lien transactions must be
entered into the DTS system by Tow Operator. Vehicles sold at lien sale shall abide by all laws relating to lien
sales. A vehicle held in impound by the City for thirty (30) days, shall not be sold at lien until such time as is
considered reasonable to allow the registered owner time to pay for and pick up the vehicle before it is sold at
lien, but under no circumstances before the thirty-fifth (35'n) day after storage.
The Tow Operator shall abide by all applicable statutes and ordinances concerning disposal of unclaimed
vehicles, including but not necessarily limited to CVC sections 22670;22851', 22851.1, 22851.2', 22851 3,
2285 1 .4; 22851 .6; 22851 .8', 22851 . 1 0, 2285 1 . 1 2 and 22852.5.
As described in CVC section 22856, liability for despoliation of evidence shall not arise against the Tow
Operator that sells any vehicle at, or disposes of any vehicle after, a lien sale, as long as the Tow Operator can
show written proof that he was notified in writing by the City that the vehicle would not be needed as evidence in
a legal action. This proof may exist in the form of an official release in the DTS System or any other written
conveyance signed by a member of the City prior to the official, written release of the vehicle.
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19. Reasonableness and Validitv of Fees
Fees charged to the registered owner or any other person for response to calls originating from the City shall be
reasonable and not in excess of those rates charged for similar services provided in response to requests
initiated by any other public agency or private person. During the term of this agreement, the City shall conduct
an annual review each December of towing and storage fees of comparable cities and adjust rates set forth in
Attachment B by the first week of January of the following year.
20. Towinq Operation
All tows performed under this Agreement will be included in the flat rate charge as described in Attachment B.
No additional charges shall be charged without prior approval from the City and written notice is provided in the
DTS System. Any unapproved charges received outside the DTS System will result in immediate termination of
this Agreement and removal from the rotation list.
The Tow Operator shall base towing charges upon the class of vehicle being towed regardless of the class of
the truck used, except when vehicle recovery operations require a larger class truck. The Tow Operator may
refer to the tow truck classes and weight ratings as defined by the Towing & Recovery Association of America
(TRAA) vehicle identification guide.
21. Service Call Rotation and Fees
The City shall establish a separate rotation list for Tow Operators willing to respond to service requests (out of
gas, lockouts, tire changes, etc.) Rates for a service requests shall not exceed one-half the flat rate charge for a
light duty truck response.
22. Gate Fees
No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding State
recognized holidays as listed below:
New Year's Day
Martin Luther King Day
Presidents'Day
Cesar Chavez Day
Memorial Day
lndependence Day
Labor Day
Veterans'Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
An after hours gate fee may be charged at all other times. The gate fee is not to exceed fifty percent (50%) of
the flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal
property recovery that occurs outside normal business hours (excluding lien fees, storage fees, taxes, or other
additional fees.) The Tow Operator is responsible for assuring that proper gate fees are charged in accordance
with this section. Over charging gate fees will be considered a major violation as outlined in Section 30.
All towing and storage fees charged by the Tow Operator are the responsibility of the vehicle's owner and are
not the responsibility of the City. The exception would be evidentiary impounds made at the direction of City
personnel.
23. Gancelled Tow
The City shall not be liable to pay the Tow Operator or anyone else any charge or other fee for a call that does
not result in a chargeable service being rendered by Tow Operator ("Dry Run"). The cancelled Tow Operator
shall be placed back on the top of the rotation list and will receive the next tow in rotation.
24. Towed in Error
ln the event the City determines that an error has occurred in impounding a vehicle, it shall be immediately
released to the registered owner without charge and the Tow Operator will be placed back on the top of the
rotation list and will receive the next tow in rotation. ln addition, the Tow Operator will be given one extra tows
on the rotation list. Additional extra tows may be given at the discretion of the Tow Unit.
25. Release Fees
California law authorizes the recovery of funds required to enforce certain provisions of the CVC and promote
traffic safety on public roadways. This authorization falls under CVC section 22850.5 and further authorized by
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City resolutions. These resolutions are open to public view at the City and/or City offices and are on file with the
City's Traffic Bureau. The Tow Operator will collect fees on the behalf of the City from the registered owner,
legal owner or agent of an impounded car.
A City administrative / franchise fee will be charged for the release of a vehicle that has been impounded by the
City. Fees will be established by an independent consulting firm to determine the City's costs associated with
impounding vehicles in accordance with CVC sections 22850.5 and 12110(b). All vehicles impounded will be
charged an administrative / franchise fee for the release of the vehicle. This fee will be established and attached
to each vehicle in the DTS System. The City's administrative fees will be collected at the time of the release by
the Tow Operator. The Tow Operator will pay the City's franchise fees equivalent to the City's administrative
fees for every vehicle that is not picked up by the owner or agent. The Tow Operator will pay the City's
administrative / franchise fees for every.City vehicle that was towed during the preceding month and will pay the
City no later than 12:00 p.m. on the 15'n of the following month, regardless of the disposition of the vehicle. ln
the event that the 15'n of the month falls on one of the State recognized holidays listed in Section 22 above, or a
weekend, the City's administrative/franchise fee must be paid by 12'.00 p.m. on the following business day. Tow
Operators who fail to submit the City's administrative / franchise fees to the City by the 15'n day of each month
will be immediately suspended from rotation until all fees are received, and will be subject to appropriate
disciplinary action and civil recourse. The City will keep a strict accounting of these fees through the DTS
System and frequent audits will take place to ensure accurate and timely payment of collected City
administrative / franchise fees. The fee will be listed as an item on the owner's / agent's DTS contractor invoice.
26. UnauthorizedRelease
Unauthorized release of an impounded vehicle, accidental or otherwise, having evidentiary value, not officially
released by the City, and determined to be the fault of the Tow Operator, will result in the issuance of a major
violation as set forth in this Agreement. The determination of such fault will be the responsibility of the City.
27. Release of Multi-Dav lmpounds
A vehicle impounded with a multiple day hold may only be released prior to the impound period with written
authorization by the City in the DTS System. The DTS System will automatically schedule the release of an
impounded vehicle
28. Release of Vehicles
Vehicles may only be released through the DTS System. Once the DTS System authorizes the release of a
stored or impounded vehicle, it is the Tow Operator's responsibility for the vehicle's release. The Tow Operator
is hereby granted authority to release to the registered owner, legal owner, or authorized representative,
pursuant to section 22850.3 of the CVC. At the time of release, the Tow Operator shall have the registered
owner, legal owner, or authorized representative taking possession of the vehicle sign a release indicating that
they are properly licensed and insured to drive a motor vehicle.
29. DisciplinarvAction
The Chief of Police, or his/her designee, shall take disciplinary action against Tow Operators for violations
investigated and sustained. Unless otheruvise noted, the Chief of Police, or his/her designee, will determine the
period of suspension and shall retain discretion regarding the length of any suspension imposed pursuant to the
terms and conditions of this Agreement. The City shall retain record of violations for at least the term of this
Agreement.
30. Maior violations
Major violations include any chargeable offense under Federal, State, Local Law and significant violations of this
Agreement. Such violations shall result in suspension or immediate termination of this Agreement. The Chief of
Police, or his/her designee, reserves the right to impose longer periods of suspensions or immediate
termination, if deemed appropriate in his/her sole discretion. The Chief of Police, or his/her designee, reserves
the right to remove a Tow Operator from the tow rotation during the investigation of a major violation. A
reinstatement from suspension for a major violation will result in a five hundred dollar ($500.00) fee. Suspension
will not be lifted until the reinstatement fee is received by the Chief of Police or his/her designee. ln addition, a
major violation may also result in the Tow Operator's employee being removed from participation in this
Agreement. Examples of major violations include, but are not limited to:
. Physical assault, against public and/or law enforcement. Verbal abuse against public and/or law enforcement. Resisting arrest. Tow Truck Driver under the influence of alcohol or illegal drugs
-17 -
. Charging rates that exceed those listed in Attachment B
. Vehicle released without authorization
. Unauthorized access to storage yard
. Theft
. Mishandling of vehicles stored as evidence
. Unauthorized driver responding to call
. Failure to provide information or change of status on any Tow Operator employee or staff
. Substantiated private party impound complaints
. Any Felony/Misdemeanor arrest
. Refusalto take a rotational tow
. Failure to utilize the DTS System for all City towing related matters
. Repeated late or nonpayment of City franchise fees
. Failure to properly secure storage yard
. Failure to obey a lawful order by law enforcement
31. Minor violations
Minor violations will be given to the Tow Operator in the form of a documented warning for the first violation The
second vlolation will be in the form of a documented reprimanded and a one hundred dollar ($100 00) fine
Repeated minor violations during the term of the Agreement may be treated as a major violation, and the Tow
Operator will be suspended or terminated from this Agreement. A reinstatement from suspension will result in a
five hundred dollar ($500.00) fee. Suspension will not be lifted until the reinstatement fee is received by the
Chief of Police or his/her designee Examples of minor violations include, but are not limited to:
. Late payment of City franchise fees
. Tow truck drivers not wearing City issued l.D. cards/ proper uniform
. Unauthorized arrival time in excess of thirty (30) minutes, or forty-five (45) minutes during peak hours
. Repeated rejection of dispatched calls
. Other violations of this Agreement not considered a major violation by the Chief of Police or his/her
designee
o Unauthorizedride-a-long. Failure to respond to customers' needs
. Failure to maintain proper equipment
. Failure to clean up at a collision scene
o Vehicle code infractions
32. Hearinq/Appeal
Tow Operator must have a legal existing interest in the tow operation or entitlement subject to the City order,
citation, decision or determination to have standing to appeal a decision by the Chief of Police or his/her
designee. An appeal that fails to identify the appellant's standing may be rejected as defective.
ln the event FPD serves Tow Operator with disciplinary action amounting to anything less than a suspension
resulting from a minor violation, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow Unit.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension for thirty (30) days or
less resulting from a minor or major violation, the Tow Operator may request a hearing within fifteen (15)
calendar days by submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow
Unit. Upon receipt of a written request for an appeal, and at the discretion of the Chief of Police, or his/her
designee, the Tow Operator may be allowed to continue rotational tows until the final disposition of the appellate
hearing.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension in excess of thirty (30)
days, or termination of the TSA, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Administrative Hearing Officer by way of the City Manager's Office. The
written appeal shall be in compliance with FMC sections 1-407 and 9-1712. Notwithstanding any provision
within Chapter l, Article 4 of the FMC, any person who appeals a suspension in excess of thirty (30) days, or a
termination of the TSA shall not be entitled to placement on the Tow Rotation List or to participate in tows until
such time as any appeal hearing has been concluded and the Administrative Hearing Officer finds that no
grounds for a suspension in excess of thirty (30) days, or a termination of the TSA has been established Tow
Operator's remedy shall be limited to reinstatement on the tow rotation list in such case and no other
compensation or consideration will be allowed.
-18-
ATTACHMENT B
TOW FEES
Flat price oer vehicle per call:
Light Duty Tow/Flatbed $ 184.00/Each
Medium Duty Tow $ Average CHP Rates Apply
Heavy Duty Tow $ Average CHP Rates Apply
Water Recovery: $ Average CHP Rates Apply
Technoloqy Fee:
DTS Software Fee per Vehicle Towed $ Charge listed in DTS Contract and DTS System
Storaqe Rates:
Passenger cars $ 45.00/per dayMotorcycles $ 45.00/per day
Trucks or Trailers $ Average CHP Rates Apply
lnside Storaqe Rates.
Passenger cars $ 55.00/per dayMotorcycles $ 55.00/per day
Trucks or Trailers $ Average CHP Rates Apply
Gate Fee: No gate fees may be charged between B:00 a.m. through 5:00 p.m. Monday through Friday, excluding
State recognized holidays as listed in the Agreement.
An after hours gate fee may be charged at all other times. The gate fee shall not exceed fifty percent (50%) of the
flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal property
recovery that occur outside normal business hours (excluding lien fees, storage fees, taxes, or other additional
fees).
Non-tow service calls (out of gas, lockouts, and flat tires) shall not exceed one-half the flat rate charge for a light
duty truck response.
City of Fresno Administrative / Franchise Fees:
Vehicle Collision Blocking a Roadway $ 60.00
lllegally Parked / Abandoned Vehicle $116.00
Unlicensed Driver/ Expired Registration $189.00
Arrested / Suspended Driver $266.00
DUI Driver $450.00
All fees listed on the DTS invoice will be received in the form of major credit card, debit card or caslr. No
credit card fee will be charged pursuant to CVC section 22651.1 and CCC section 1748.1.
-19-
CITY OF FRESNO
NON-EXCLUSIVE FRANCHISE TOW AGREEMENT
FOR FRESNO POLICE DEPARTMENT
This Non-exclusive Franchise Tow Agreement (TSA) is entered into effect on the 28th day of December 2014 set
forth below, at Fresno, California, between the City of Fresno, a municipal corporation (City) and Lamona
Towing, a California corporation (the Tow Operator).
This Agreement, including all attachments, contains rules and regulations that a tow company agrees to comply
with in order to participate in the tow operations of the City of Fresno Police Department (FPD). Participation in
the FPD Rotation Tow Program (Tow Program) is voluntary. Compliance with all of the terms and conditions of
the Agreement is mandatory for tow companies participating in the Tow Program. A Tow Operator, by agreeing
to participate in the Tow Program, is not acting as an agent for FPD or City when performing services under this
Agreement.
',. Governinq Law and Venue
This Agreement shall be governed by, and construed enforced in accordance with, the laws of the State of
California excluding, however, any conflict of laws rule which would apply the law of another jurisdiction Venue
for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any
rights and duties hereunder shall be the County of Fresno, California.
2. Entire Aqreement
This Agreement, its attachments and exhibits, when accepted by the Tow Operator either in writing or
commencement of performance hereunder, contains the entire Agreement between the parties with respect to
the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth
herein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by
City in writing.
3. Amendments
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the
parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties;
and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in
writing.
4. Assiqnment or Sub Contractinq
The terms, covenants, and conditions contained herein shall apply to the parties. Furthermore, neither the
performance of this Agreement nor any portion thereof may be assigned or subcontracted by Tow Operator
without the express written consent of City. Any attempt by Tow Operator to assign or subcontract the
performance or any portion of this Agreement without the express written consent of City shall be invalid and
shall constitute a breach of this Agreement.
5. PatenUCopvriqhtMaterials/Proprietarvlnfrínqement
Unless otherwise expressly provided in this Agreement, Tow Operator shall be solely responsible for obtaining a
license or other authorization to use any patented or copyrighted materials in the performance of this
Agreement. Tow Operator warrants that any Software as modified through services provided hereunder will not
infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Tow Operator
agrees that, in accordance with the more specific requirement below, it shall indemnify, defend and hold City
and City lndemnitees harmless from any and all such claims and be responsible for payment of all costs,
damages, penalties and expenses related to or arising from such claim(s) including, but not limited to,
attorney's fees, costs and expenses.
6. Non-Discrimination
ln the performance of this Agreement, Tow Operator agrees that it will comply with the requirements of section
1735 of the California Labor Code and not engage nor permit any Tow Operators to engage in discrimination in
employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, marital status, or sex of such persons. Tow Operator acknowledges that a
violation of this provision shall subject Tow Operator to all the penalties imposed for a violation of anti-
discrimination law or regulation, including but not limited to, section 1720 eL seq of the California Labor Code
1
7. Termination
ln addition to any other remedies or rights it may have by law, City has the right to terminate this Agreement
without penalty immediately with cause and either party may terminate after thirty (30) days written notice
without cause, unless otherwise specified. Cause shall be defined as any breach of this Agreement or any
misrepresentation or fraud on the part of the Tow Operator. Exercise by City of its right to terminate the
Agreement shall relieve City of all further obligation.
8. Consent to Breach Not Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or
consent shall be in writing and signed by the party claimed to have waived or consented Any consent by any
party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver
of, or excuse for any other different or subsequent breach.
9. Remedies Not Exclusive
The remedies for breach set forth in this Agreement are cumulative as to one another and as to any other
provided by law, rather than exclusive; and the expression of certain remedies in this Agreement does not
preclude resort by either party to any other remedies provided by law.
10. Independent Tow Operator
Tow Operator shall be considered an independent Tow Operator and neither Tow Operator, its employees nor
anyone working under Tow Operator shall be considered an agent or an employee of City. Neither Tow
Operator, its employees nor anyone working under Tow Operator, shall qualify for workers' compensation or
other fringe benefits of any kind through City.
11. Performance
Tow Operator shall perform all work under this Agreement, taking necessary steps and precautions to perform
the work to City's satisfaction. Tow Operator shall be responsible for the professional quality technical
assurance, timely completion, and coordination of all documentation and other goods/services furnished by Tow
Operator under this Agreement Tow Operator shall: perform all work diligently, carefully, and in a good and
workman-like manner; furnish all labor, supervision, machinery, equipment, materials, and supplies necessary
therefore; at its sole expense obtain and maintain all permits and licenses required by public authorities,
including those of City required in its governmental capacity, in connection with performance of the work; and, if
permitted to subcontract, be fully responsible for all work performed by sub-Tow Operators
12. lndemnification
A) Tow Operator shall indemnify, hold harmless and defend City and each of its officers, officials,
employees, agents and authorized volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to
personal injury, death at any time and property damage) incurred by City, Tow Operator, or any
other person, and from any and all claims, demands and actions in law or equity (including
attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of
performance of this Agreement. Tow Operator's obligations under the preceding sentence shall
apply regardless of whether City or any of its officers, officials, employees, agents or authorized
volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or
damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any
of its officers, officials, employees, agents or authorized volunteers.
B) lf Tow Operator should subcontract all or any portion of the work to be performed under this
Agreement, Tow Operator shall require each subcontractor to indemnify, hold harmless and defend
City and each of its officers, officials, employees, agents and authorized volunteers in accordance
with the terms of the preceding paragraph.
C) This section shall survive termination or expiration of this Agreement.
13. lnsurance
A) Throughout the life of this Agreement, Tow Operator shall pay for and maintain in full force and
effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted
by the California lnsurance Commissioner to do business in the State of California and rated not
less than "A-Vll" in Best's lnsurance Rating Guide, or (ii) authorized by City's Risk Manager. The
following policies of insurance are required:
2
1)COMMERCIAL GENERAL LIABILITY insurance which shall be on the most current version of
lnsurance Services Office (lSO) Commercial General Liability Coverage Form CG 00 01 and
include insurance for "bodily injury," "property damage" and "personal and advertising injury"
with coverage for premises and operations, products and completed operations, and
contractual liability (including, without limitation, indemnity obligations under the Agreement)
with limits of liability of not less than $1,000,000 per occurrence for bodily injury and property
damage, $1,000,000 per occurrence for personal and advertising injury and $2,000,000
aggregate for products and completed operations and $2,000,000 general aggregate
GARAGEKEEPERS LEGAL LIABILITY insurance which shall include coverage for vehicles in
the care, custody, and control of the Tow Operator with limits of liability of not less than
$120,000 per occurrence for property damage.
COMMERCIAL AUTOMOBILE LlABlLlry insurance which shall be on the most current
version of lnsurance Service Office (lSO) Business Auto Coverage Form CA 00 01, and
include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles
(Code 1- Any Auto) with limits of not less than $1,000,000 per accident for bodily injury and
property damage.
ON-HOOIICARGO insurance which shall include coverage for vehicles in tow with limits of
liability based on the size of the tow truck, which are as follows:
Class A/B tow truck.$120,000
$200,000
$300,000
Class C tow truck..
Class D tow truck
WORKERS' COMPENSATION insurance as required under the California Labor Code and
EMPLOYERS' LIABILITY insurance with minimum limits of $1,000,000 each accident, $1 000,000
disease policy limit and $1,000,000 disease each employee.
Tow Operator shall be responsible for payment of any deductibles contained in any insurance
policies required hereunder and Tow Operator shall also be responsible for payment of any self-
insured retentions Any deductibles or self-insured retentions must be declared to on the Certificate
of lnsurance and approved by the City's Risk Manager or his/her designee At the option of the
City's Risk Manager, or his/her designee, either:
1) The insurer shall reduce or eliminate such deductibles or self-¡nsured retention as
respects City, its officers, officials, employees, agents and volunteers; or
2) Tow Operation shall provide a financial guarantee, satisfactory to City's Risk Manager, or
his/her designee, guaranteeing payment of losses and related investigations, claim
administration and defense expenses. At no time shall City be responsible for the payment of
any deductibles or self-insured retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30)
calendar days written notice in favor of City of policy cancellation, change or reduction of coverage,
except for the Workers'Compensation policy which shall provide ten (10) calendar days written
notice of such cancellation, change or reduction of coverage. ln the event any policies are due to
expire during the term of this Agreement, Tow Operator shall provide a new certificate and all
applicable endorsements evidencing renewal of such policy prior to the expiration date of the
expiring policy(ies) to the Chief of Police, or his/her designee, and the City's Risk Division. Upon
issuance by the insurer, broker, or agent of a notice of cancellation, change or reduction in
coverage, Tow Operator shall file with the Chief of Police, or his/her designee, and the City's Risk
Division, a new certificate and all applicable endorsements for such policy(ies).
The General Liability, Automobile Liability and Garagekeepers Legal Liability insurance policies
shall be written on an occurrence form and shall name City, its officers, officials, agents, employees
and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Tow
Operator's insurance shall be primary with respect to the City, its officers, officials, employees,
agents and authorized volunteers with no contribution required of City. Any Workers' Compensation
insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents,
2)
3)
4)
a)
b)
c)
5)
B)
c)
D)
3
employees and authorized volunteers Tow Operator shall have furnished City with the certificate(s)
and applicable endorsements for ALL required insurance prior to City's execution of the Agreement.
E) The fact that insurance is obtained by Tow Operator shall not be deemed to release or diminish the
liability of Tow Operator, including, without limitation, liability under the indemnity provisions of this
Agreement. City shall apply to all claims and liability regardless of whether any insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by Tow Operator. Approval or purchase of any insurance contracts or policies shall in no
way relieve from liability nor limit the liability of Tow Operator, its principals, officers, agents,
employees, persons under the supervision of Tow Operator, vendors, suppliers, invitees,
consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of
them.
F) Upon request of City, Tow Operator shall immediately furnish City with a complete copy of any
insurance policy required under this Agreement, including all endorsements, with said copy certified
by the underwriter to be a true and correct copy of the original policy. This requirement shall survive
expiration or termination of this Agreement.
G) lf at any time during the life of the Agreement or any extension, Tow Operator fails to maintain the
required insurance in full force and effect, all work under this Agreement shall be discontinued
immediately until notice is received by City that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory to City.
Any failure to maintain the required insurance shall be sufficient cause for City to terminate this
Agreement.
H) lf Tow Operator should subcontract all or any portion of the work to be performed, Tow Operator
shall require each subcontractor to provide insurance protection in favor of the City its officer,
officials, employees, agents and authorized volunteers in accordance with the terms of each of the
preceding paragraphs, except that the subcontractors certificates and endorsements shall be on file
with the Tow Operator and City prior to the commencement of any work by the subcontractor.
14. Bills and Liens
Tow Operator shall pay promptly all indebtedness for labor, materials, and equipment used in performance of
the work. Tow Operator shall not permit any lien or charge to attach to the work or the premises, but if any does
so attach, Tow Operator shall promptly procure its release and indemnify, defend, and hold City harmless and
be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related
thereto.
15. Chanqe of Gontrol
Tow Operator agrees that if there is a change or transfer in ownership or control of the Tow Operato/s business
prior to completion of this Agreement, unless such change or transfer is to "immediate family" as defined in
Fresno Municipal Code (FMC) section 3-101(e) and approved in writing by the Chief of Police, or his/her
designee, such change or transfer shall terminate this Agreement. This includes but is not limited to changes in:
Corporate Board Members, Managers, Directors, Treasurer, Trustees, or ownership interests. All changes or
transfers to "immediate family" must be approved by the Chief of Police, or his/her designee, prior to such
change or transfer in order for the Tow Operator to remain on the tow services list. Final written approval or
disapproval for the change or transfer in ownership or control will be given by the Chief of Police or his/her
designee. All "immediate family" members involved in the potential transfer and operation of the Tow Operator
shall be required to undergo a background check, review, and "Livescan" fingerprint screening. The "immediate
family" members involved in the change or transfer of ownership or control must also possess and keep current
all licensing certificates and insurance as required in this Agreement The "immediate family" members who will
operate or otherwise be legally responsible for the Tow Operator will be required to execute a new TSA.
A) Tow Operator owners shalf be directly involved in the day{o-day operations of their
business and shall not be directly involved in the towing-related business of any other tow
company on, or applicant for, the Tow Rotation List. Co-mingling of operations, business,
offices, board members, and finances is strictly prohibited.
B) lf terminated or suspended, Tow Operator and/or its owner at the time of the suspension or
termination, shall not be eligible for a rotation listing for the duration of the suspension or
termination. This section applies to the Tow Operator working in any capacity within any tow
4
business or operating any tow business and to the tow business even if operated under new
ownership.
C) Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow
Rotation List, excluding equipment which may be unavailable due to repairs or when there is a need
for equipment replacement and written approval is obtained from the Chief of Police or his/her
designee
16, Force Maieure
Tow Operator shall not be in breach of this Agreement caused by any act of God, war, civil disorder
employment strike or other cause beyond its reasonable control, provided Tow Operator gives written notice of
the cause of the delay to City within thirty-six (36) hours of the start of the delay and Tow Operator avails itself of
any available remedies.
17. Confidentialitv
Tow Operator agrees to maintain the confidentiality of all City and City-related records and information pursuant
to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term
of this Agreement All such records and information shall be considered confidential and kept confidential by
Tow Operator and Tow Operator's staff, agents and employees.
18. Compliance with Laws
Tow Operator represents and warrants that services to be provided under this Agreement shall fully comply, at
Tow Operator's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and
regulations, including, but not limited to those issued by City in its governmental capacity and all other laws
applicable to the services at the time services are provided to and accepted by City. Tow Operator
acknowledges that City is relying on Tow Operator to ensure such compliance (collectively Laws). Tow Operator
agrees that it shall defend, indemnify and hold City and City lndemnitees harmless from all liability, damages,
costs, and expenses arising from or related to a violation of Laws
19. Pricinq
The Agreement price shall include full compensation for providing all required services in accordance with the
Scope of Work attached to this Agreement, and no additional compensation will be allowed therefore, unless
otherwise provided for in this Agreement. Tow Operator shall pay the City Franchise Fees as listed in
Attachment "8", or "City Administrative / Franchise Fees", in accordance with Paragraph 25 of Attachment "A"
20. Terms and Conditions
Tow Operator acknowledges that the undersigned has read and agrees to all terms and conditions included in
this Agreement
21. Severabilitv
lf any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired or invalidated thereby.
22. Calendar Davs
Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless
otherwise expressly provided.
23. Attornev Fees
lf either party is required to commence any proceeding or legal action to enforce any term, covenant or condition
of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other
party its reasonable Attorney's fees and legal expenses.
24. lnterpretation
This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in
the matters dealt with in this Agreement. ln addition, each party has been represented by experienced and
knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel
despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have
not been influenced to any extent whatsoever in executing this Agreement by any other party hereto or by any
person representing them, or both. Accordingly, any rule or law (including California Civil Code section 1654) or
legal decision that would require interpretation of any ambiguities in this Agreement against the party that has
5
drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable
manner to affect the purpose of the parties and this Agreement.
25. Authoritv
The parties to this Agreement represent and warrant that this Agreement has been duly authorized and
executed and constitute the legally binding obligation of their respective organization or entity, enforceable in
accordance with its terms
26. Emplovee Eliqibilitv Verification
Tow Operator warrants that it fully complies with all Federal and State statutes and regulations regarding the
employment of aliens and others and that all its employees performing work under this Agreement meet the
citizenship or alien status requirement set forth in Federal statutes and regulations. Tow Operator shall obtain,
from all employees pelorming work hereunder, all verification and other documentation of employment eligibility
status required by Federal or State statutes and regulations including, but not limited to, the lmmigration Reform
and Control Act of 1986, I U.S.C. 51324 et seq., as they currently exist and as they may be hereafter amended.
Tow Operator shall retain all such documentation for all covered employees for the period prescribed by the law
Tow Operator shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its
agents, officers, and employees from employer sanctions and any other liability which may be assessed against
Tow Operator or City or both in connection with any alleged violation of any Federal or State statutes or
regulations pertaining to the eligibility for employment of any persons performing work under this Agreement.
27. Additional Terms and Conditions
A) Term of Agreement: This Agreement shall commence on December 28, 2014, and shall be
effective for three (3) years from that date, unless otherwise terminated by City
B) Fiscal Appropriations: This Agreement is subject to and contingent upon applicable budgetary
appropriations being made by the City for each year during the term of this Agreement. lf such
appropriations are not forthcoming, the Agreement wifl be terminated without penalty. Tow
Operator acknowledges that funding or portions of funding for this Agreement may also be
contingent upon the receipt of funds from, and/or appropriation of funds by City lf such funding
and/or appropriations are not forthcoming, or are othenvise limited, City may immediately terminate
or modify this Agreement without penalty.
C) Conflict of lnterest (Tow Operator): Tow Operator shall exercise reasonable care and diligence to
prevent any actions or conditions that result in a conflict with the best interest of City This
obligation shall apply to Tow Operator, Tow Operator's employees, agents, relatives, and third
parties associated with accomplishing the work hereunder. Tow Operator's efforts shall include but
not be limited to, establishing precautions to prevent its employees or agents from making,
receiving, providing, or offering gifts, entertainment, payments, loans, or other considerations which
could be deemed to appear to influence individuals to act contrary to the best interest of City.
D) Tow Operator Work Hours and Safety Standards: Tow Operator shall ensure compliance with all
safety and hourly requirements for employees, in accordance with federal, state, and City safety
and health regulations and laws.
E) Orderly Termination. Upon termination or other expiration of this Agreement, each party shall
promptly return to the other party all papers, materials, and other properties of the other held by
each for purposes of execution of the Agreement. ln addition, each party will assist the other Party
in orderly termination of this Agreement and the transfer of all aspects, tangible and intangible, as
may be necessary for the orderly, non-disruptive business continuation of each party.
F) Reprocurement Costs: ln the case of default by Tow Operator, City may procure the service from
other sources and, if the cost is higher, Tow Operator will be held responsible to pay City the
difference between the Agreement cost and the price paid City may make reasonable efforts to
obtain the prevailing market price at the time such services are rendered. This is in addition to any
other remedies available under law.
Authorization Warranty: Tow Operator represents and warrants that the person executing this
Agreement on behalf of and for Tow Operator is an authorized agent who has actual authority to
bind Tow Operator to each and every term, condition, and obligation of this Agreement and that all
requirements of Tow Operator have been fulfilled to provide such actual authority.
G)
6
28.
H) Notices: Any and all notices permitted or required to be given hereunder shall be deemed duly
given (1)upon actualdelivery, if delivery is by hand; or(2)upon delivery by the United States mail if
delivery is by postage paid registered or certified return receipt requested mail; or (3) through
electronic means such as, email or the Dispatch & Tracking Solutions Software System (DTS).
l) Data - Title to: All materials, documents, data or information obtained from City data files or any
City medium furnished to Tow Operator in the performance of this Agreement will at all times remain
the property of City. Such data or information may not be used or copied for direct or indirect use
by Tow Operator after completion or termination of this Agreement without the express written
consent of City. All materials, documents, data or information, including copies, must be returned to
City at the end of this Agreement.
J) Usage: No guarantee is given by City to Tow Operator regarding usage of this Agreement. Usage
figures, if provided, are approximate, based upon the last usage. Tow Operator agrees to supply
services and/or commodities requested, as needed by City, at prices listed in the Agreement,
regardless of quantity requested.
K) Tow Operator's Records: Tow Operator shall keep true and accurate accounts, records, books
and data which shall correctly reflect the business transacted by Tow Operator in accordance with
generally accepted accounting principles. These records shall be stored at the Tow Operators
principal place of business for a period of three (3) years after final payment is received by City
L) Audits/lnspections: Tow Operator agrees to permit City's authorized representative (including
auditors from a private auditing firm hired by City) access during normal working hours to all books,
accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose
of auditing or inspecting any aspect of performance under this Agreement. The inspection and/or
audit will be confined to those matters connected with the performance of the Agreement including,
but not limited to, the costs of administering the Agreement. City reserves the right to audit and
verify Tow Operator's records before or after final payment is made
Tow Operator agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of records retention is stipulateC under this Agreement or
by law. Tow Operator agrees to allow interviews of any employees or others who might reasonably
have information related to such records. Further, Tow Operator agrees to include a similar right to
City to audit records and interview staff of any sub-Tow Operator related to performance of this
Agreement.
M) Should Tow Operator cease to exist as a legal entity, Tow Operator's records pertaining to this
Agreement shall be forur¡arded to the Chief of Police or his/her designee.
Disputes-Aqreement
A) The Parties shall deal in good faith and attempt to resolve potential disputes informally
1) Tow Operator shall submit to the Chief of Police, or his/her designee, a written demand for a
final decision regarding the disposition of any dispute behveen the parties arising under,
related to, or involving this Agreement, unless City, on its own initiative, has already rendered
such a final decision.
2) Tow Operator's written demand shall be fully supported by factual information, and, if such
demand involves a cost adjustment to the Agreement, Tow Operator shall include with the
demand a written statement signed by a senior official indicating that the demand is made in
good faith, that the supporting data are accurate and complete, and that the amount
requested accurately reflects the Agreement adjustment for which Tow Operator believes City
is liable.
B) Pending the final resolution of any dispute arising under, related to, or involving this Agreement,
Tow Operator agrees to diligently proceed with the performance of this Agreement. Tow Operator's
failure to diligently proceed shall be considered a material breach of this Agreement
C) Any final decision of City shall be expressly identified as such, shall be in writing, and shall be
signed by the City Hearing Administrative Officer, or Chief of Police, or his/her designee, as
applicable. lf City fails to render a decision within ninety (90) days after receipt of Tow Operator's
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demand, it shall be deemed a final decision adverse to Tow Operator's contentions. City's final
decision shall be conclusive and binding regarding the dispute unless Tow Operator commences
action in a court of competent jurisdiction.
29. Breach of Agreement
The failure of the Tow Operator to comply with any of the provisions, covenants or conditions of this Agreement
shall be a material breach of this Agreement. ln such event the City may, and in addition to any other remedies
available at law, in equity, or otherwise specified in this Agreement, undertake any of the individual actions or
any combination of the following actions.
1) Afford the Tow Operator written notice of the breach and ten calendar days or such
shorter time that may be specified in this Agreement within which to cure the
breach;
2) Suspend and/or remove Tow Operator from the rotation;
3) Terminate the Agreement immediately, without any penalty.
The Parties hereto have executed this Agreement.
*lf a corporation or limited liability company, the document must be signed by two corporate officers. The first signature
must be either the Chairman of the Board, President, or any Vice President. The second signature must be the
secretary, an assistant secretary, the Chief Financial Officer, or any assistant treasurers ln the alternative, a single
signature is acceptable when accompanied by a corporate document demonstrating the legal authority of the
signature to bind the company.
CITY OF FRESNO.
A municipal
By Date:
ief of tce
APPROVED AS TO FORM
DOUGLAS T. SLOAN
City A
By Date:
ATTEST:
WONNE SPENCE, CMC
City Clerk
By:: Date:
',¿g tø¿// f
I
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ATTACHMENT A
SCOPE OF WORK
1. Scope of Work
Tow Operator shall perform the towing, and storage of vehicles as directed by the City, and in addition, such
other services as provided in this Scope of Work, and shall provide necessary storage facility, tow vehicles,
labor, materials, equipment, machinery, and tools. The Tow Operator shall comply with all State laws and
regulations, applicable to tow units and impound, towing, storage, selling or junking of vehicles. Tow operators
must follow all guidelines set forth by equipment manufactures recommendations as to their use and care of all
towing related equipment. All permits and licensing fees as specified under California Vehicle Code (CVC)
sections 34620 through 34624 shallbe in fullforce and effect at alltimes during this Agreement. Any violation of
this section will be considered a material breach of the Agreement and may result in immediate termination of
this Agreement.
2. Towinq Services and Duties
It shall be the duty of the Tow Operator, when so directed by the City, to provide prompt tow service for vehicles
which are taken into custody by the City. This includes vehicles involved in collisions or disabled by any other
cause, abandoned in public places or on private property. Vehicles impounded for evidence, impeding the flow
of traffic, or which for any other reason, are within the jurisdiction of the FPD. As required by ìaw, Tow
Operators are to remove from the street all debris resulting from said collisions and to clean the immediate area
of such street (CVC section 27700(a)(1)). lt shall also be the duty to provide for the safety and security of those
vehicles and the contents thereof. These duties are inherent to the job and are to be included in the piice of the
basic tow bill.
The tow truck operator shall provide a business card to the registered owner or driver for the vehicle being
towed. The business card shall contaín the name, address and phone number of the tow company as well as
the link to the vehicle search system in DTS as follows: www.findmytow.com
Tow truck operators and/or drivers will not be permitted to drive an impounded or recovered stolen vehicle or
vehicle intended for storage from a FPD rotation call or special operation. Any exceptions must be at the
direction of the FPD officer in charge of the scene and should be limited to repositioning the vehicle to allow for
towing.
The City has designated two (2) tow companies for evidence impound tows and no other rotation tow company
shall maintain custody over these vehicles at any time. lf an officer impounds a vehicle for evidence and a non-
preference rotational tow is dispatched, it is the responsibility of the tow driver to verify with the officer on scene
as to whether a vehicle is to be held for evidence. lf it is determined that the vehicle is to be held for evidence,
the tow driver must immediately notify the officer on scene that the company is not authorized to handle
evidence impounds and an evidence tow company shall be dispatched. Tow Operator shall then contact the
Tow Unit on the same business day, or within the next business day if such tow occurs after regular business
hours Acceptance of an evidence tow by a non-designated evidence tow company will result in disciplinary
action and full financial responsibility for all tow and storage fees for each violation.
lf terminated or suspended, Tow Operator and/or owner at the time of the suspension or termination, shall not
be eligible for a rotation listing for the duration of the suspension or termination This provision applies to the
Tow Operator working in any capacity within any tow business or operating any tow business and to the tow
business even if operated under new ownership.
Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow Rotation List,
excluding equipment which may be unavailable due to repairs or when there is a need for equipment
replacement and written notice has been obtained from FPD.
3. Special Operations
FPD conducts special operations coordinated through the Traffic Bureau throughout the year that requires tow
companies at the location of the special operation. Tow companies on the Tow Rotation List that are in good
standing with FPD may be invited to participate in these operations, provided they are willing to remain witñ the
special operation until its conclusion and forfeit any rotational tow calls (FPD, California Highway patrol, or
other) received during the duration of the operation. "Good standing" shall mean that Tow Operator has not
violated, or is not in violation of the terms of this Agreement, the provisions of the FMC, State, or Federal law.
All special operations tows will be subject to the provisions of this Agreement. Tow Operator shall respond to a
9
special operation with a flatbed tow truck with the capability of towing (2) vehicles. No ride alongs will be allowed
on any special operations unless the ride along is the Tow Owner or a Tow Driver who is in training and has
been approved by FPD.
4. Siqnaqe and hours of Operation
The storage yard or business office shall have a sign that clearly identifies it to the public as a towing service.
The sign shall have letters that are clearly visible to the public from the street and must be visible at night. All
storage facilities must be accessible to City personnel twenty-four (24) hours per day and seven (7) days per
week. The Tow Operator will provide customer service twenty-four (24) hours per day and seven (7) days per
week for the release of vehicles
Tow Operator shall provide at least one person at a call station to respond and release vehicles within thirty (30)
minutes. Tow Operator shall maintain all signage required pursuant to CVC sections 22850.3 and 22651.07
and include an after-hours contact phone number for Tow Operator.
5. Response Time
Tow Operator shall respond to calls twenty-four (24) hours aday, seven (7) days a week, within the maximum
response time limits as established by the Chief of Police or his/her designee A reasonable response time is
thirty (30) minutes or less, except during peak hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6.00 p.m ,(Monday through Friday), when the required response time will be extended to forty-five (45) minutes or less.
Tow Operator shall respond with a tow truck of the class required to tow the vehicle specified by the DTS
System.
6. Non-Response
The Tow Operator shall update the DTS System at the time of dispatch to a tow rotation request. lf the Tow
Operator is either unable to respond or unable to meet the maximum response time, the tow operator shall
immediately update the DTS System accordingly lf, after accepting the call, the Tow Operator is unable to
respond or will be delayed in responding, the Tow Operator shall immediately update the DTS system
accordingly.
To decline or refuse to respond will be considered a non-response. Each non-response will be immediately
documented in the DTS System. Each non-response will be logged by the DTS System and reviewed by the
City. lf the fault for the non-response is attributed to other than the Tow Operator, the Tow Operator will be
placed back in the rotational list and caf led at the next opportunity in line.
One such breach, determined to be the fault of the Tow Operator, will be grounds for written reprimand which
may be subsequent to a meeting between the Tow Operator and the City. A second breach may be grounds for
a (30) thirty-day suspension of this Agreement. A third violation will be considered a material breach of the
Agreement and may result in immediate termination of this Agreement.
ln the case of suspension or termination, all vehicles then in storage at the time of the suspension or termination
remain protected under this Agreement as City's impounds and the Tow Operator is so bound The City will
have the option to remove andlor transfer stored vehicles.
When a Tow Operator will be temporarily unavailable to provide services due to preplanned/scheduled activity,
such as a vacation, maintenance, medical leave, etc., the Tow Operator will notify City in writing via the DTS
system at least forty-eight (48) hours in advance. City reserves the right to deny these requests to maintain
adequate service levels for tow operations. Failure to notify the City will be considered a non-response and a
material breach of this agreement.
7. StoraqeResponsibilities
It shall be the duty of the Tow Operator to provide impound and other storage service for all vehicles as directed
by the City. The Tow Operator shall be responsible for all vehicles, accessories and equipment thereon and all
personal property therein stored by Tow Operator. lt shall be the Tow Operators' duty to protect such stored
vehicles, accessories, equipment, and property against all loss or damage by fire, theft or other causes. The
Tow Operator will have available for review by City personnel, all permits and proof of compliance to all local
zoning, special use, conditional use and special requirements, laws and regulation. lt is the responsibility of the
Tow Operator to ensure vehicles are stored in a secured facility.
8. Size and Location of Storaqe Facilitv
The tow yard shall be located within the City of Fresno's "Metropolitan Area." Metropolitan area is defined as
within the borders of Copper Avenue to the north, American Avenue to the south, DeWolf Avenue to the east,
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and Chateau Fresno to the west. Tow Operator shall be responsible for the security of vehicles and property at
the place of storage. At a minimum, a six (6) foot fence or enclosed secured area ls required for outside
storage. A minimum of 5,000 square feet, or room for twenty (20) vehicles, shall be provided All tow yards
located with the City of Fresno shall be in compliance with the FMC, current Directors Class #208 and shall
follow the current Development and Resource Management Department's Policy and Procedure C-002. lf the
tow facility is located outside the City of Fresno, the tow operator is required to provide written proof that the
yard is in compliance with the authorizing jurisdiction. Tow Operator is responsible for the reasonable care,
custody, and control of any propedy contained in towed or stored vehicles. The storage facility and business
office will be located at the primary storage yard and shall be maintained in a functional, clean and orderly
fashion. The facility shall have a telephone, on-site fax machine and the necessary computer equipment to
properly run DTS software and to send and receive email.
ln the event of criminal activity at a storage facility, the City may require the Tow Operator to take measures to
assist in preventing such crimes. These measures could include, but are not limited to: the yard being
illuminated during darkness, with security type lighting, to such a degree that visual observation of the entire
yard may be accomplished at all times, improved fencing and/or security patrols.
All vehicles stored or impounded as a result of a tow ordered by the City shall be towed directly to a towing
service storage lot unless the City, or in the case of a citizen's assist, a person legally in charge of the vehicle,
requests that it be taken to some other location.
All vehicles towed as a result of action taken by the City will be stored at the Tow Operator's principal place of
business unless directed othenruise by the City's Tow Coordinator. Vehicles stored at an auxiliary storage facility
will be considered a breach of this Agreement. The Tow Operator shall not remove personal property from a
stored vehicle. lf the registered owner removes personal property from a stored vehicle, the Tow Operator will
maintain documentation of such and will require a signed receipt from the registered owner for property
released. The Tow Operator shall immediately notify the City if any contraband, weapons or hazardous
materials are found in the vehicle(s).
9. Enclosed Facilitv
The Tow Operator may maintain, without charge to the City or any other person, separate and enclosed garage
facilities no less than 1,000 square feet of clean working space. The facility must be constructed to include a
roof and at least four walls of substantial design to withstand the elements and protect the vehicles from the
weather The facility should have a concrete floor and sufficient lighting. This inside facility must be located at
the Tow Operator's primary storage yard. This inside facility is not required to qualify for the City's rotation,
however, when inside storage is requested for a particular vehicle, the next Tow Operator in line meeting the
needs of the City's request wiil be used.
10. DTS Requirements
Tow Operator shall utilize the most recent, updated and upgraded DTS software program, to dispatch and track,
via a web-based lnternet connection. Tow Operators will be required to enter the towed vehicle information as
instructed by the City. At no time will a vehicle be released, subject to lien, or junked from impound without all
required data fields being entered into the DTS system by the Tow Operator The Tow Operator shall clearly
identify and enter into DTS the name of the person to whom the vehicle was actually released. All City tow
requests shall be made utilizing this program. Failure at any time to have the DTS progiam in full operation shall
cause the immediate removal of the Tow Operator from the tow rotation and be grounds for immediate
termination by City. Tow Operator must enter into a separate agreement, or license for the DTS software
program with the owner of that proprietary software. The City shall not provide the DTS software program, any
licensing or sub-licensing thereof or any intermediary services for the procurement by Tow Operator of the DTS
software program. This Agreement shall not be executed by the City until Tow Operator has demonstrated to
the City's satisfaction compliance with the requirements set forth herein. Tow Operator shall be liable for all
fees, charges, prices, rates and service charges required from DTS. DTS shall be utilized in "real time" and all
entries should reflect as such. lnvoices shall be used from DTS when releasing vehicles and be pursuant to
section 22651 07 of the CVC. The only Tow Operator personnel authorized to utilize and access DTS are those
that have fully complied with the provisions set forth in Section 12, "Tow Operator Personnel" of this Agreement.
lf the Tow Operator is not in FULL compliance with the above stated requirement, the Tow Operator will be
removed from the City towing rotation. ln the event that DTS fails to provide software services, or the City elects
to utilize a new software provider, the Tow Operator will be required to use the replacement towing software
system. lf that occurs, all references to DTS in this Agreement shall instead be interpreted as references to the
new software program.
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11. Official Notification bv Citv Reqardinq Tow
Official notification by City regarding tow services is considered any form of written, email, verbal instructions or
notifications received from an authorized City employee or electronic notice from the DTS program. lf the Tow
Operator receives verbal instructions or notifications from a City employee the Tow Operator must respond to
City, by 5.00 p.m. (PST) on the next business day
12. Tow Operator Personnel
A.) Conduct
The Tow Operator shall perform the services required of it in an ethical, orderly manner, endeavoring to
obtain and keep the confidence of the public. At no time will the Tow Operator or its agent or any
employee of the Tow Operator exhibit any of the following behavior: rudeness, or otherwise being
uncooperative, argumentative, threatening, incompetent or acting in a dangerous manner with any City
employee, or with any member of the public. The City reserves the right to cancel an individual tow
assignment, if in the opinion of the City, the Tow Operator is acting in a rude, uncooperative,
argumentative, threatening, incompetent or dangerous manner. The City also reserves the right to cancel
an individual tow assignment if in the opinion of the City the Tow Operator is likely to damage the vehicle
for which the tow service was called. Other examples of unacceptable behavior include but are not limitedto. profanity, abusive language, disconnecting telephone calls for public inquiries regarding a tow,
threatening, aggressive, or assertive language, failure to provide timely information or documents in
response to a public or City inquiry, lack of respect to any City personnel or member of the public,
destruction or damaging of evidence, failure to comply with the reasonable request of a member of the
public, failure to release vehicle in a timely manner, failure to make appointment for release of vehicle
during evening or weekend hours, failure to promptly be on site at time of appointment for release of
vehicle during evening or weekend hours, impeding an investigation or any other conduct which the City
deems unprofessional.
lf the Tow Operator is found to be in violation of this conduct clause, the City will cancel the Tow Operator
and request the next Tow Operator in rotation. Any such behavior as set forth above shall be considered
a material breach of this Agreement and may be grounds for immediate suspension or immediate
termination by the City, without penalty.
B.) PersonnelAppearance
Tow Operators shall be required to furnish their employees with a distinctive company uniform Each
uniform shall have the firm's name, as well as the employee's name, in a conspicuous place. The tow
company's name and driver's first name shall be clearly visible at all times, meaning that protective or
inclement weather outer garments must meet this standard. Each employee shall have sufficient uniforms
so as to maintain a neat, clean appearance at all times. Minimum requirements for uniforms include a
shirt, long pants, and appropriate safety shoes. All drivers shall be in uniform before any towing or service
operation begins. No wording, designs, photos, gestures, or anything that could be considered offensive
or obscene to the general public shall be displayed by the Tow Operators or on any part of the uniform.
Dress standards are required in order to project a professional and positive image to the public.
All ernployees must be neat, clean and well groomed in appearance ln order to ensure a professional
appearance, all tattoos must be concealed by operators while working. Personnel will be required to
conceal any tattoos with gloves, collars, long sleeves, or by other means acceptable to the City. Facial
tattoos of any variety are not permitted. No facial piercings shall be worn while on duty.
Drivers shall wear safety vests or reflectorized clothing that conforms to Occupational Safety and Health
Administration (OSHA) requirements Alternatively, the OSHA safety requirements may be incorporated
into the uniform, jacket, or rain gear, as long as these items are worn as the outermost garment
C.) UnlawfulActivity
The Tow Operator or it's employees shall not be involved, nor shall the Tow Operator or its employees
become involved in any agreement or activity whether verbal, written or conveyed in any other manner,
any activity or business venture which may be construed as unlawful. lf the City deems the involvement
to be unlawful, the City may immediately terminate this Agreement.
The Tow Operator shall not provide any direct or indirect commission, gift or any compensation to any
person or public or private entity, in consideration of arranging or requesting the services of a tow truck as
provided in section 12110 of the CVC.
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No Tow Operator will be involved or solicit any compensation of any kind including but not limited to
involvement with any other company or business that might result in income or consideration as a result of
any activity initiated by the City.
An example of such a prohibited involvement could include but is not limited to: financial reimbursement
by auto-body repair business for referrals, or towing directly from the scene of a collision to the auto-body
shop without prior unsolicited approval or request by the registered owner, driver or insurance company
representative of the damaged vehicle; kickback to or from a security company or homeowner's
association for "finding" or towing a vehicle from a location, whether private property, public, off street
parking facility or a public roadway. Violation of this provision shall be grounds for immediate termination
by City, without penalty.
D.) Personnel Licenses
Tow Operators providing services under this Agreement, including tow truck drivers, dispatchers and other
office personnel, will have sufficient knowledge, experience and capability to ensure safe and proper
discharge of their service responsibilities. lt will be the responsibility of the Tow Operator to ensure that all
of its personnel will be properly licensed in accordance with sections 12500, 12520, and 12804.g of the
CVC. All tow truck drivers and tow truck operators shall be enrolled in the "Pull Notice" program as defined
in CVC section1808.1 et seq. Drivers must complete a CHP approved Tow Operator Course every five(5) years and copies of completion of the course shall be sent to the City. All Tow Operators and
personnel shall have no criminal record which would preclude them from being placed in a position of trust
while in the service of a law enforcement agency or any crime listed below under the heading of "Criminal
Record."
E. ) Fingerprints
All owners and employees who have not previously submitted their "LiveScan" fingerprint samples shall
submit their "LiveScan" fingerprint samples, at their own expense, through the City prior to being awarded
this Agreement, for the purposes of verifying their criminal history with the Department of Justice.
Failure to provide information regarding the identity of the owner, employee, or anyone else with a
financial interest in the Tow Operator will result in termination of this Agreement. The Tow Operator will
provide the City with information regarding any change in employee status immediately and update DTS
to reflect such changes. Failure to comply may result in further disciplinary action, and will be considered
a breach of this Agreement.
After execution of this Agreement, no person shall be employed by the Tow Operator or perform any
service under this Agreement until the background record check and "LiveScan" is completed anð
approved by the City and said employee has received their identification badge from the City.
Notwithstanding the foregoing, Tow Operators and owners that have towed for the City under the previous
Tow Service Agreement and have completed a new background and "LiveScan" check will be allowed to
continue to tow for the City until such time as the results of the background and "LiveScan" submissions
are reviewed and approved by the City.
Any employee of the Tow Operator that has left employment with said Tow Operator and returned and
been rehired must complete an additional background check before performing services pursuant to this
Agreement
F.) Criminal Record
A conviction of anyone with a financial interest in the Tow Operator, or any employee of the Tow Operator,
including but not limited to any of the following offenses, may be cause for denial of application or
termination of this Agreement:
. Any crimes listed in California Penal Code section 290. DUI-Within 5 years of the Date of Fingerprinting. Vehicle theft. Fraud. Stolen Property. Crimes of Violence. Any felony crime relating to narcotics or any controlled substance. Any other crimes enumerated in CVC section 2432.3
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. Act¡vely on parole or on any form of probation. Crime of moral turpitude. Sex, Arson, Narcotics Registrant. Other felony conviction
The City is not required to provide any reason, rationale or factual information in the event it elects to deny
application or remove any of Tow Operator's personnel from providing services for the City under this
Agreement Tow driver or employee applicants denied under this section may appeal to the Chief of
Police or his/her designee. Ail decisions by the Chief of Police, or his/her designee, are final.
ln the event the Tow Operator or employee is convicted or is under investigation, the Tow Operator may
be given the opportunity to replace that employee without prejudice to the Agreement. Nothing shail
prohibit the City from removing, suspending or terminating the Agreement. lt will be the responsibility of
the Tow Operator to provide the City with updated information regarding any illegal activity, arrest(s) or
conviction of any Tow Operator and/or employee. For the purpose of this section, any conviction or plea
of guilty or nolo contendre, even to any lesser-included offense, are considered convictions. Failure to
provide information regarding the identity of the employee, or anyone else with a financial interest in the
Tow Operator will result in termination of the Agreement. Failure to provide information to the City of any
information regarding the conviction of any of the above crimes may also result in termination of the
Agreement.
G.) ldentificationBadges
Each tow truck driver or employee of the Tow Operator shall wear, in plain view an identification badge,
authorized and issued by the City to that employee, while on any call for service where the City is
involved. lf a tow truck driver responds to a scene without his authorized name badge, the tow tiuck
driver will be dismissed from the scene and the next Tow Operator in rotation will be called. Failure to
carry an identification badge will be considered a violation as stated in Section 31, "Disciplinary Action," of
this Agreement The purpose of these badges will be to identify those employees of the Tow Operator
who have been fingerprinted by the City and have passed the record check by the Department of Justice.
All identification badges are the property of the City and will be returned by the Tow Operator to the City
within forty-eight (48) hours of an employee's separation. Tow Operator will provide a current list of ail
staff including drivers, dispatchers, etc. Anytime there are any changes to this list, the City is to be notified
by the next business day and provided with an updated and current list
13. Tow Operator Licensinq and Certification
All licensing and certifications required by Federal, State and local authorities shall be maintained current and
valid at all times as required in CVC sections: 34507.5,34600 et seq, 34620, and 12111, and sections 2231 et
seq, of the California Revenue and Taxation code. Failure to have any required license or certification, including
any driver who fails to have an appropriate class of license, may be grounds for immediate termination by City
without penalty.
'|-4. Inspection
All real property and improvements thereon, and all vehicle facilities, equipment and materials used by the Tow
Operator in the peformance of the services required herein shall be open to inspection by the City or its
authorized representative, and will be subject to no less than one annual inspection. Additional inspections may
be conducted without notice during normal business hours. lnspections may include, but are not limited to, all
books, accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose of auditing
or inspecting any aspect of performance directly related to this Agreement. ln the event that the City determines
that the real property and improvements thereon are insufficient, derelict or fail to meet the requirements as
called out in this Agreement, this Agreement may be terminated by City immediately, without penalty.
15. Vehicle and Equipment Requirements
Tow vehicles will be maintained in compliance with sections 24605, 25253,25300, 2T7OO and 27907 of the
CVC. Tow vehicles will be of at least 14,000 lbs. GVWR with dual rear wheels, with the ability to tow two (2)
vehicles, or a vehicle and/or a trailer. Tow vehicles must have two-way communication capabilities and the
ability to communicate and connect with the DTS System at all times. The Tow Operator shall have equipment
capable of towing from off-road areas, towing from underground facilities, and recovery services with an
adjustable boom with at least five tons of lifting capacity. ln addition to the conventional wheel lift towing
capabilitíes, the Tow Operator shall maintain at least one or more flatbed or rollback trucks with a minimum of
fifty (50) feet of cable, and the required safety equipment. Unless otherwise specified by the City, all Tow
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Operators shall respond to a tow service request with a flatbed or rollback truck as specified above At the
discretion of the tow operator, a wrecker may be used to respond to a tow service request. lf for any reason the
Tow Operator is unable to complete the tow service request with the wrecker, the Tow Operator will not be
placed back on the top of the rotatioñ list and a new Tow Operator will receive the tow service request.
A 3-axle or 25-ton truck is not required equipment. However, Tow Operators that possess this equipment will be
placed on a heavy-duty tow rotation list.
All trucks must have the required emergency lighting, portable stop and tail lamps, a broom, shovel, fire
extinguisher (rating 4-8, C), a utility light, reflective triangles, a large pry-bar, covered trash cans with approved
absorbent, rags, unlocking equipment, dollies (boom trucks), chains, and/or tie downs
Wheel lift trucks will maintain at least 100 feet of cable and all safety equipment as required by the
manufacturer.
Tow vehicles must have a cable winch of sufficient size and capacity to retrieve vehicles that have gone off
traveled portions of roadways into inundated areas or other inaccessible locations. Winches must havô visible
lD tags designating the model, make, serial number, and rated capacity.
All tow trucks used in City tows will be subject to a yearly inspection. This does not preclude the City from
conducting random inspections throughout the year.
16. Vehicleldentification
Tow vehicles shall display identification signs in compliance with section 27907 of the CVC The Tow Operator
shall not display any sign or advertising material that indicates that his tow vehicles are an official police service
of the City.
17. Charqes and Fees to be collected from Reqistered Owners
All rates and charges shall be conspicuously posted in the office and in all tow vehicles These rates shall quote
complete charges and fees with no additional fees to be added at a later date These rates will be available for
review by City personnel and/or the person for whom tow service is provided. All fees collected shall be itemized
and invoiced in DTS in accordance to section 22651.07 of the CVC. lt will be the Tow Operator's responsibility
to collect his bill for service, and the City will not be responsible in any way for these charges Storage fees will
be calculated on the calendar day except the first 24-hours which is counted as a single day in accordance with
California Civil Code (CCC) 3068 1 (see Attachment B). All fees listed on the DTS invoice wiil be received in the
form of major credit card, debit card, or cash. All fees collected, both City and Tow Operator fees, must be
invoiced through the DTS system prior to release and at the time of payment. No credit card fees will be
charged pursuant to CVC section 22651.1 and CCC section 1748.1 for any portion of the fees The City
reserves the right to change all payment methods during the term of this agreement.
18. Lien Fees
At no time shall the City be charged a lien fee on a towed or impounded vehicle. No lien shall be attached to
any vehicle that has been impounded by the City until after seventy-two (72) hours from the time of storage as
listed in the DTS system have passed pursuant to section 22851.12 of the CVC All lien transactions mult be
entered into the DTS system by Tow Operator. Vehicles sold at lien sale shall abide by all laws relating to lien
sales. A vehicle held in impound by the City for thirty (30) days, shall not be sold at tien until such time as is
considered reasonable to allow the registered owner time to pay for and pick up the vehicle before it is sold at
lien, but under no circumstances before the thirty-fifth (35th) day after storage.
The Tow Operator shall abide by all applicable statutes and ordinances concerning disposal of unclaimed
vehicles, including but not necessarily limited to CVC sections 22670', 22851', 22851 1', 22851.2., 228513.,
22851 .4; 22851.6; 22851 .8; 22851.10,22851 .12 and 22852.5.
As described in CVC section 22856, liability for despoliation of evidence shall not arise against the Tow
Operator that sells any vehicle at, or disposes of any vehicle after, a lien sale, as long as the Tow Operator can
show written proof that he was notified in writing by the City that the vehicle would not be needed as evidence in
a legal action. This proof may exist in the form of an official release in the DTS System or any other written
conveyance signed by a member of the City prior to the official, written release of the vehicle.
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19. Reasonableness and Validitv of Fees
Fees charged to the registered owner or any other person for response to calls originating from the City shall be
reasonable and not in excess of those rates charged for similar services provided in response to requests
initiated by any other public agency or private person. During the term of this agreement, the City shall conduct
an annual review each December of towing and storage fees of comparable cities and adjust rates set forth in
Attachment B by the first week of January of the following year
20. Towinq Operation
All tows performed under this Agreement will be included in the flat rate charge as described in Attachment B.
No additional charges shall be charged without prior approval from the City and written notice is provided in the
DTS System. Any unapproved charges received outside the DTS System will result in immediate termination of
this Agreement and removal from the rotation list.
The Tow Operator shall base towing charges upon the class of vehicle being towed regardless of the class of
the truck used, except when vehicle recovery operations require a larger class truck. The Tow Operator may
refer to the tow truck classes and weight ratings as defined by the Towing & Recovery Association of America
(TRAA) vehicle identification guide
21. Service Call Rotation and Fees
The City shall establish a separate rotation list for Tow Operators willing to respond to service requests (out of
gas, lockouts, tire changes, etc.) Rates for a service requests shall not exceed one-half the flat rate charge for a
light duty truck response.
22. Gate Fees
No gate fees may be charged between 8:00 a m. through 5:00 p.m. Monday through Friday, excluding State
recognized holidays as listed below:
New Year's Day
Martin Luther King Day
Presidents'Day
Cesar Chavez Day
Memorial Day
lndependence Day
Labor Day
Veterans'Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
An after hours gate fee may be charged at all other times The gate fee is not to exceed fifty percent (S0%) of
the flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal
property recovery that occurs outside normal business hours (excluding lien fees, storage fees, taxes, or other
additional fees.) The Tow Operator is responsible for assuring that proper gate fees are charged in accordance
with this section. Over charging gate fees will be considered a major violation as outlined in Section 30.
All towing and storage fees charged by the Tow Operator are the responsibility of the vehicle's owner and are
not the responsibility of the City. The exception would be evidentiary impounds made at the direction of City
personnel.
23. Cancelled Tow
The City shall not be liable to pay the Tow Operator or anyone else any charge or other fee for a call that does
not result in a chargeable service being rendered by Tow Operator ("Dry Run") The cancelled Tow Operator
shall be placed back on the top of the rotation list and will receive the next tow in rotation.
24. Towed in Error
ln the event the City determines that an error has occurred in impounding a vehicle, it shall be immediately
released to the registered owner without charge and the Tow Operator will be placed back on the top of the
rotation list and will receive the next tow in rotation. ln addition, the Tow Operator will be given one extra tows
on the rotation list. Additional extra tows may be given at the discretion of the Tow Unit.
25. Release Fees
California law authorizes the recovery of funds required to enforce certain provisions of the CVC and promote
traffic safety on public roadways. This authorization falls under CVC section 22850.5 and further authorized by
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City resolutions. These resolutions are open to public view at the City and/or City offices and are on file with the
City's Traffic Bureau The Tow Operator will collect fees on the behalf of the City from the registered owner,
legal owner or agent of an impounded car
A City administrative / franchise fee will be charged for the release of a vehicle that has been impounded by the
City. Fees will be established by an independent consulting firm to determine the City's costs associated with
impounding vehicles in accordance with CVC sections 22850.5 and 12110(b). All vehicles impounded will be
charged an administrative / franchise fee for the release of the vehicle. This fee will be established and attached
to each vehicle in the DTS System The City's administrative fees will be collected at the time of the release by
the Tow Operator. The Tow Operator will pay the City's franchise fees equivalent to the City's administrative
fees for every vehicle that is not picked up by the owner or agent. The Tow Operator will pay the City's
administrative / franchise fees for every.City vehicle that was towed during the preceding month and will pay the
City no later than 12.00 p.m. on the 15" of the following month, regardless of the disposition of the vehicle. ln
the event that the 15"'of the month falls on one of the State recognized holidays listed in Section 22 above, or a
weekend, the City's administrative/franchise fee must be paid by 12:00 p m. on the following business day. Tow
Operators who fail to submit the City's administrative / franchise fees to the City by the 15'n day of each month
will be immediately suspended from rotation until all fees are received, and will be subject to appropriate
disciplinary action and civil recourse. The City will keep a strict accounting of these fees through the DTS
System and frequent audits will take place to ensure accurate and timely payment of collected City
administrative / franchise fees The fee will be listed as an item on the owner's / agent's DTS contractor invoice
26. UnauthorizedRelease
Unauthorízed release of an impounded vehicle, accidental or otherwise, having evidentiary value, not officially
released by the City, and determined to be the fault of the Tow Operator, will result in the issuance of a major
violation as set forth in this Agreement. The determination of such fault will be the responsibility of the City
27. Release of Multi-Dav lmpounds
A vehicle impounded with a multiple day hold may only be released prior to the impound period with written
authorization by the City in the DTS System The DTS System will automatically schedule the release of an
impounded vehicle.
28. Release of Vehicles
Vehicles may only be released through the DTS System. Once the DTS System authorizes the release of a
stored or impounded vehicle, it is the Tow Operator's responsibility for the vehicle's release The Tow Operator
is hereby granted authority to release to the registered owner, legal owner, or authorized representative,
pursuant to section 22850.3 of the CVC At the time of release, the Tow Operator shall have the registered
owner, legal owner, or authorized representative taking possession of the vehicle sign a release indicating that
they are properly licensed and insured to drive a motor vehicle.
29. DisciplinarvAction
The Chief of Police, or his/her designee, shall take disciplinary action against Tow Operators for violations
investigated and sustained. Unless otheruvise noted, the Chief of Police, or his/her designee, will determine the
period of suspension and shall retain discretion regarding the length of any suspension imposed pursuant to the
terms and conditions of this Agreement. The City shall retain record of violations for at least the term of this
Agreement.
30. Maior violations
Major violations include any chargeable offense under Federal, State, Locaf Law and significant violations of this
Agreement. Such violations shall result in suspension or immediate termination of this Agreement. The Chief of
Police, or his/her designee, reserves the right to impose longer periods of suspensions or immediate
termination, if deemed appropriate in his/her sole discretion. The Chief of Police, or his/her designee, reserves
the right to remove a Tow Operator from the tow rotation during the investigation of a major vlolation A
reinstatement from suspension for a major violation will result in a five hundred dollar ($500.00) fee. Suspension
will not be lifted until the reinstatement fee is received by the Chief of Police or his/her designee. ln addition, a
major violation may also result in the Tow Operator's employee being removed from participation in this
Agreement. Examples of major violations include, but are not limited to:
. Physical assault, against public and/or law enforcemento Verbal abuse against public and/or law enforcement. Resisting arrest. Tow Truck Driver under the influence of alcohol or illegal drugs
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. Charging rates that exceed those listed in Attachment B
. Vehicle released without authorization
. Unauthorized access to storage yard
. Theft
. Mishandling of vehicles stored as evidence
. Unauthorized driver responding to call
. Failure to provide information or change of status on any Tow Operator employee or staff
. Substantiated private party impound complaints
. Any Felony/Misdemeanor arrest
. Refusalto take a rotational tow
. Failure to utilize the DTS System for all City towing related matters
. Repeated late or nonpayment of City franchise fees
. Failure to properly secure storage yard
. Failure to obey a lawful order by law enforcement
31. Minor violations
Minor violations will be given to the Tow Operator in the form of a documented warning for the first violation. The
second violation will be in the form of a documented reprimanded and a one hundred dollar ($100.00) fine
Repeated minor violations during the term of the Agreement may be treated as a major violation, and the Tow
Operator will be suspended or terminated from this Agreement. A reinstatement from suspension will result in a
five hundred dollar ($500.00) fee. Suspension will not be lifted until the reinstatement fee is received by the
Chief of Police or his/her designee Examples of minor violations include, but are not limited to:
. Late payment of City franchise fees
. Tow truck drivers not wearing City issued l.D. cards/ proper uniform
. Unauthorized arrival time in excess of thirty (30) minutes, or forty-five (45) minutes during peak hours
. Repeated rejection of dispatched calls
. Other violations of this Agreement not considered a major violation by the Chief of Police or his/her
designee. Unauthorizedride-a-long. Failure to respond to customers' needs
. Failure to maintain proper equipment
. Failure to clean up at a collision scene
. Vehicle code infractions
32. Hearinq/Appeal
Tow Operator must have a legal existing interest in the tow operation or entitlement subject to the City order
citation, decision or determination to have standing to appeal a decision by the Chief of Police or his/her
designee An appeal that fails to identify the appellant's standing may be rejected as defective.
ln the event FPD serves Tow Operator with disciplinary action amounting to anything less than a suspension
resulting from a minor violation, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow Unit.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension for thirty (30) days or
less resulting from a minor or major violation, the Tow Operator may request a hearing within fifteen (15)
calendar days by submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow
Unit. Upon receipt of a written request for an appeal, and at the discretion of the Chief of Police, or his/her
designee, the Tow Operator may be allowed to continue rotational tows until the final disposition of the appellate
hearing
ln the event FPD servesTow Operatorwith disciplinary action amounting to a suspension in excess of thirty (30)
days, or termination of the TSA, the Tow Operator may request a hearing within fifteen ('15) calendar days by
submitting an appeal in writing to the Administrative Hearing Officer by way of the City Manager's Office. The
written appeal shall be in compliance with FMC sections 1-407 and 9-1712. Notwithstanding any provision
within Chapter l, Article 4 of the FMC, any person who appeals a suspension in excess of thirty (30) days, or a
termination of the TSA shall not be entitled to placement on the Tow Rotation List or to participate in tows until
such time as any appeal hearing has been concluded and the Administrative Hearing Officer finds that no
grounds for a suspension in excess of thirty (30) days, or a termination of the TSA has been established. Tow
Operator's remedy shall be limited to reinstatement on the tow rotation list in such case and no other
compensation or consideration will be allowed.
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ATTACHMENT B
TOW FEES
Flat price per vehicle per call.
Light Duty Tow/Flatbed $ 184.00/Each
Medium Duty Tow $ Average CHP Rates Apply
Heavy Duty Tow $ Average CHP Rates Apply
Water Recovery: $ Average CHP Rates Apply
Technoloqv Fee:
DTS Software Fee per Vehicle Towed $ Charge listed in DTS Contract and DTS System
Storaqe Rates:
Passenger cars $ 45.00/per dayMotorcycles $ 45.00/per day
Trucks or Trailers $ Average CHP Rates Apply
lnside Storaqe Rates:
Passenger cars $ 55.00/per dayMotorcycles $ 55.00/per day
Trucks or Trailers $ Average CHP Rates Apply
Gate Fee: No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding
State recognized holidays as listed in the Agreement.
An after hours gate fee may be charged at all other times. The gate fee shall not exceed fifty percent (50%) of the
flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal property
recovery that occur outside normal business hours (excluding lien fees, storage fees, taxes, or other additional
fees).
Non-tow service calls (out of gas, lockouts, and flat tires) shall not exceed one-half the flat rate charge for a light
duty truck response.
City of Fresno Administrative / Franchise Fees:
Vehicle Collision Blocking a Roadway $ 60.00
lllegally Parked / Abandoned Vehicle $116.00
Unlicensed Driver / Expired Registration $189.00
Arrested / Suspended Driver $266.00
DUI Driver $450.00
All fees listed on the DTS invoice will be received in the form of major credit card, debit card or casf¡. IVo
credit card fee will be charged pursuant to CVC section 22651.1 and CCC section 1748.1.
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CITY OF FRESNO
NON.EXCLUSIVE FRANCHISE TOW AGREEMENT
FOR FRESNO POLICE DEPARTMENT
This Non-exclusive Franchise Tow Agreement (TSA) is entered into effect on the 28th day of Decembe r 2014 set.forth below, at Fresno, California, between the City of Fresno, a municipal corporation (City) and Mikes Towing,
a sole proprietorship (the Tow Operator).
This Agreement, including all attachments, contains rules and regulations that a tow company agrees to comply
with in order to participate in the tow operatíons of the City of Fresno Police Department irpbl. participation inthe FPD Rotation Tow Program (Tow Program) is volui tary. Compliance with all of the terms and conditions of
the Agreement is mandatory for tow companies participating in the Tow Program. A Tow Operator, by agreeing
to participate in the Tow Program, is not acting as an agent for FPD or City when performing services'unãer this
Agreement.
'1. Governinq Law and Venue
This Agreement shall be governed by, and construed enforced in accordance with, the laws of the State ofCalifornia excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venuefor purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any
rights and duties hereunder shall be the County of Fresno, California.
2. Entire Aqreement
This Agreement, its attachments and exhibits, when accepted by the Tow Operator either in writing orcommencement of performance hereunder, contains the entire Agreement between the parties with respeðt tothe matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forthherein. No exceptions, alternatives, substitutes or revisions are valid or binding oñ City unless authorized byCity in writing.
3. Amendments
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by thepafties; no oral understanding or agreement not incorporated herein shall be binding on either of ifre parties;
and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City inwriting.
4. Assiqnment or Sub Contractinq
The terms, covenants, and-conditions contained herein shall apply to the parties. Furthermore, neither theperformance of this Agreement nor any portion thereof may be assigned or subcontracted by Tow Operatorwithout the express written consent of City. Any attempt by Tow Operator to assign or êubcontract theperformance or any portion of this Agreement without the express written consent of City shall be invalid and
shall constitute a breach of this Agreement.
5. PatenUCopvriqhtMaterials/Proprietarv Infrinqement
Unless otherwise expressly provided in this Agreement, Tow Operator shall be solely responsible for obtaining alicense or other authorization to use any patented or copyrighted materials in the performance of thisAgreement. Tow Operator warrants that any Software ¿ s modified through services provided hereunder will notinfringe upon or violate any patent, proprietary right, or trade secret right of any third party. Tow Operator
agrees that, in accordance with the more specific requirement below, it shall indemnify, defénd anO nótO Cityand City lndemnitees harmless from any and all such claims and be responsible for payment of all costs,damages, penalties and expenses related to or arising from such claim(s), including,
-but
not limited to,
attorney's fees, costs and expenses.
6. Non-Discrimination
ln the performance of this Agreement, Tow Operator agrees that it will comply with the requirements of section
1735 ol the California Labor Code and not engage nor permit any Tow Operators to engage in discrimination in
employment of persons because of the race, religious creed, color, national origin, ancéstry, physical disability,
mental disability, medical condition, marital status, or sex of such persons. Tow Operator acknówledges that aviolation of this provision shall subject Tow Operator to all the penalties imposed for a violatioñ of anti-
discrimination law or regulation, including but not limited to, section 1720 e|seq. of the California Labor Code.
1
7. Termination
ln addition to any other remedies or rights it may have by law, City has the right to terminate this Agreementwithout penalty immediately with cause and either party may terminate attei tnirty (30) days writtãn noticewithout cause, unless otherwise specified. Cause shall be deflned as any breach oi tn'¡s Agreement or anymisrepresentation or fraud on the part of the Tow Operator. Exercise Oy City of its right ìo terminate theAgreement shall relieve City of all further obligation.
8. Gonsent to Breach Not Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver orconsent shall be in writing and signed by the party claimed to have waived or consented. Any consent Oy "nyparty to, or waiver of, a breach by the other, whether express or implied, shall not constitute cônsent to, waiverof, or excuse for any other different or subsequent brear h.
9. Remedies Not Exclusive
The remedies for breach set forth in this Agreement are cumulative as to one another and as to any otherprovided by law, rather than exclusive; and the expr:ssion of certain remedies in this Agreement dóes notpreclude resort by either party to any other remedies provided by law.
10. lndependent Tow Operator
be consi nt Tow Operator and neither Tow Operator, its employees norder Tow considered an agent or an employee of City. Ñeit'her Towt""rï;i der Tow Operator, shall qualify for workers' compensation or
11. Performance
Tow Operator shall peform all work under this Agreement, taking necessary steps and precautions to performthe work to City's satisfaction. Tow Operator shall be responsible for ihe professional quality, technicalassurance, timely completion, and coordination of all d
Operator under this Agreement. Tow Operator shall:
workman-like manner; furnish all labor, supervision, m
therefore; at its sole expense obtain and maintain a
including those of City required in its governmental cap
permitted to subcontract, be full,v responsible for allwor
12. lndemnification
A) Tow Operator shall indemnify, hold harmless and defend City and each of its officers, officials,employees, agents and authorized volunteers from any and' all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not'limited toP damage) incurred by C nyo smands and actions in ngã ¡ alleged to have arisen ofP s obligations under the all
its officers, officials, employees, agents or authorizedvolunteers are negligent, but shall not apply to any loss, liability, fines, penalties,'forfeitures, costs ordamages caused solely by the gross negligence, or caused by the williul misconduct, of City or anyof its officers, officials, employees, agents or authorized volunt,eers.
B) lf Tow Operator should subcontract all or any portion of the work to be performed under thisAgreement, Tow Operator shall require each subcontractor to indemnify, hold harmless and defendCity and each of its officers, officials, employees, agents and authorized volunteers in accordance
with the terms of the preceding paragraph.
C) This section shall survive termination or expiration of this Agreement.
13. lnsurance
A) Throughout the life of this Agreement, Tow Operator shall pay for and maintain in full force andeffect all policies of insurance required hereunder with an insurance company(ies) either (i) admittedby the California lnsurance Commissioner to do business in the State of California anà'rated notless than "A-Vll" in Best's lnsurance Rating Guide, or (ii) authorized by City's Risk Manager Thefollowing policies of insurance are required:
2
5)
B)
1) COMMERCIAL GENERAL LIABILITY insurance which shall be on the most current version of
lnsurance Services Office (lSO) Commercial General Liability Coverage Form CG 00 01 and
include insurance for "bodily injury," "property damage" and "personaiand advertising injury',with coverage for premises and operations, products and completed operatioñs, 'and
contractual liability (including, without limitation, indemnity obligations under t'he Agreement)
with limits of liability of not less than $1,O00,000 per occurrence for bodily injury anã property
damage, $1,000,000 per occurrence for personal and advertising injúry'a,i¿ $2,'oOo,ooóaggregate for products and completed operations and 92,000,000 geierãt ãggregate.
2) GARAGEKEEPERS LEGAL LIABILITY insurance which shall include coverage for vehicles in
the care, custody, and control of the Tow Operator with limits of liability of noiless than
$120,000 per occurrence for property damage.
3) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be on the most current
version of lnsurance Service Office (lSO) Business Auto Coverage Form CA 00 01, and
include coverage for all owned, hired, and non-owned automobiles ór other licensed vehicles(Code 1- Any Auto) with limits of not less than $1,000,000 per accident for bodity injury andproperty damage.
4) ON-HOOIICARGO insurance which shall include coverage for vehictes in tow with limits of
liability based on the size of the tow truck, which are as follows:
a) Class A/B tow truck... .. . .. ... $120,000b) Class C tow truck... ... ... $200,000c) Class D tow truck. . ... .. ... ... $300,000
WORKERS' COMPENSATION insurance as required under the California Labor Code andEMPLOYERS' LIABILITY insurance with minimum limits of $1,000,000 each accident, $1,000,000disease policy limit and $1,000,000 disease each employee.
Tow Operator shall be responsible for payment of any deductibles contained in any insurancepolicies required hereunder and Tow Operator shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared tó on the Certificateof lnsurance and approved by the City's Risk Manager or his/her designee. At the option of theCity's Risk Manager, or his/her designee, either:
1) The insurer shall reduce or eliminate such deductibles or self-insured retention as
respects city, its officers, offícials, employees, agents and volunteers; or
2) Tow Operation shall provide a financial guarantee, satisfactory to City's Risk Manager, orhis/her designee, guaranteeing payment of losses and related investigations, - claim
administration and defense expenses. At no time shall City be responsible for ihe payment ofany deductibles or self-insured retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30)
calendar days written notic of policy cancellation, change or reduction of covéråge,except for the Workers'C icy which shall provide ten (10) calendar days writiên
notice of such cancellation ction of coverage. ln the event any policies are due toexpire during the term of Tow Operator shall provide a new'certificate and allapplicable endorsements evidencing renewal of such policy prior to the expiration date of theexpiring policy(ies) to the Chief of Police, or his/her designee, and the City's Risk Division. Uponissuance by the insurer, broker, or agent of a notice of cancellation, ðhange or reduction incoverage, Tow Operator shall file with the Chief of Police, or his/her designee, ãnd the City's RiskDivision, a new certificate and all applicable endorsements for such policy(ies).
The General Liability, Automobile Liability and Garagekeepers Legal Liability insurance policies
shall be written on an occurrence form and shall name City, its officeis, officials, agents, employees
and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so TowOperator's insurance shall be primary with respect to the City, its officers, officials, employees,
agents and authorized volunteers with no contribution required of City Any Workers' Compensation
insurance policy shall contain a waiver of subrogation as to City, its ôfficers, officials, agents,
c)
D)
3
employees and authorized volunteers Tow Operator shall have furnished City with the certificate(s)
and applicable endorsements for ALL required insurance prior to City's execution of the Agreement.
E) The fact that insurance is obtained by Tow Operator shall not be deemed to release or diminish the
liability of Tow Operator, including, without limitation, liability under the indemnity provisions of this
Agreement. City shall apply to all claims and liability regardless of whether any insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of indemnification to beprovided by Tow Operator. Approval or purchase of any insurance contracts or policies shall in noway relieve from liability nor limit the liability of Tow Operator, its principals, officers, agents,
employees, persons under the supervision of Tow Operator, vendors, suppliers, inv-itees,
consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of
them.
F) Upon request of City, Tow Operator shall immediately furnish City with a complete copy of any
insurance policy required under this Agreement, including all endorsements, with said copy-certified
by the underwriter to be a true and correct copy of the original policy. This requirement snáll survive
expiration or termination of this Agreement.
G) lf at any time during the life of the Agreement or any extension, Tow Operator fails to maintain the
required insurance in full force and effect, all work under this Agreement shall be discontinued
immediately until notice is received by City that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory to City.Any failure to maintain the required insurance shall be sufficient cause for City to terminate this
Agreement.
H) lf Tow Operator should subcontract all or any portion of the work to be performed, Tow Operatorshall require each subcontractor to provide insurance protection in favor of the City, its officer,
officials, employees, agents and authorized volunteers in accordance with the terms oi each of thepreceding paragraphs, except that the subcontractors certificates and endorsements shall be on file
with the Tow Operator and City prior to the commencement of any work by the subcontractor.
14. Bills and Liens
Tow Operator shall pay promptly all indebtedness for labor, materials, and equipment used in performance of
the work. Tow Operator shall not permit any lien or charge to attach to the work or the premises, but if any does
so attach, Tow Operator shall promptly procure its release and indemnify, defend, and hold City harmleés andbe responsible for payment of all costs, damages, penalties and expenses related to or arising from or related
thereto.
15. Ghanqe of Gontrol
Tow Operator agrees that if there is a change or transfer in ownership or control of the Tow Operator's businessprior to completion of this Agreement, unless such change or transfer is to "immediate family" as de¡ned inFresno Municipal Code (FMC) section 3-101(e) and approved in writing by the Chief of police, or his/herdesignee, this Agreement. This includes but is not limited to changes in:Corporate Treasurer, Trustees, or ownership interests. All chanles or
transfers t d by the Chief of Police, or his/her designee, prior tJ such
change or to remain on the tow services list. Final written approval or
disapproval for the change or transfer in ownership or control will be given by the Chief of police or his/her
designee. All "immediate family" members involved in the potential transfer and operation of the Tow Operator
shall be required to undergo a background check, review, and "Livescan" fingerprint screening. The ,'immediate
family" members involved in the change or transfer of ownership or control must also possesı and keep current
all licensing certificates and insurance as required in this Agreement. The "immediate family" members who will
operate or othenrvise be legally responsible for the Tow Operator will be required to execute a new TSA.
A) Tow Operator owners shall be directly invofved in the day-to-day operations of their
business and shall not be directly involved in the towing-related business of any other tow
company on, or applicant for, the Tow Rotation List. Co-mingling of operations, business,
offices, board members, and finances is strictly prohibited.
B) lf terminated or suspended, Tow Operator and/or its owner at the time of the suspension or
termination, shall not be eligible for a rotation listing for the duration of the suspension ortermination. This section applies to the Tow Operator working in any capacity within any tow
4
business or operating any tow business and to the tow business even if operated under new
ownership.
C) Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow
Rotation List, excluding equipment which may be unavailable due to repairs or when there is a needfor equipment replacement and written approval is obtained from the Chief of police or his/her
designee.
16. Force Maieure
Tow Operator shall not be in breach of this Agreement caused by any act of God, war, civil disorder,
employment strike or other cause beyond its reasonable control, provided Tow Operator gives written notice of
the cause of the delay to City within thirty-six (36) hours of the start of the delay and Tow Operator avails itself of
any available remedies.
17. Gonfidentialitv
Tow Operator agrees to maintain the confidentiality of all City and City-related records and information pursuant
to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the termof this Agreement. All such records and information shall be considered confidential anâ kept confidential by
Tow Operator and Tow Operator's staff, agents and employees.
18. Compliance with Laws
Tow Operator represents and warrants that services to be provided under this Agreement shall fully comply, atTow Operator's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, andregulations, including, but not limited to those issued by City in its governmental capacity and all other lawsapplicable to the services at the time services are provided to and accepted Oy ôity. Tow Operator
acknowledges that City is relying on Tow Operator to ensure such compliance (collectiveiy l-aws¡. Tow Oþerator
agrees that it shall defend, indemnify and hold City and City lndemnitees harmless from all liability, damages,
costs, and expenses arising from or related to a violation of Laws.
19. Pricinq
The Agreement price shall include full compensation for providing all required services in accordance with the
Scope of Work attached to this Agreement, and no additional compensation will be allowed therefore, unless
otheruvise provided for in this Agreement. Tow Operator shall pay the City Franchise Fees as listed in
Attachment "8", or "City Administrative / Franchise Fees", in accordance with Paiagraph 25 of Attachment .A".
20. Terms and Gonditions
Tow Operator acknowledges that the undersigned has read and agrees to all terms and conditions included in
this Agreement.
21. Severabilitv
lf any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full forcé and effect and
shall in no way be affected, impaired or invalidated thereby.
22. Calendar Davs
Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless
othenvise expressly provided.
23. Attornev Fees
lf either party is required to commence any proceeding or legal action to enforce any term, covenant or condition
of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other
party its reasonable Attorney's fees and legal expenses.
24. lnterpretation
This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable inthe matters dealt with in this Agreement ln addition, each party has been represented by experienced and
knowledgeable independent legalcounsel of their own choosing or has knowingly declined to-seek such counsel
despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have
not been influenced to any extent whatsoever in executing this party hereto or 6y any
person representing them, or both. Accordingly, any rule or law Codê section i6S4) or
legal decision that would require interpretation of any ambiguiti inst the party that has
5
drafted it is not applicable and is waived The provisions of this Agreement shall be interpreted in a reasonable
manner to affect the purpose of the parties and this Agreement.
25. Authoritv
The parties to this Agreement represent and warrant that this Agreement has been duly authorized and
executed and constitute the legally binding obligation of their respective organization or entiiy, enforceable in
accordance with its terms.
26. Emplovee EliqibilitvVerification
Tow Operator warrants that it fully complies with all Federal and State statutes and regulations regarding the
employment of aliens and others and that all its employees performing work under this Agreemenl meet the
citizenship or alien status requirement set forth in Federal statutes and regulations. Tow Operator shall obtain,
from all employees performing work hereunder, all verification and other documentation of employment eligibility
status required by Federal or State statutes and regulations including, but not limited to, the lmmþration nãtorm
and ControlAct of 1986, 8 U.S.C. 51324 et seq., as they currently exist and as they may be hereãfter amended.
Tow Operator shall retain all such documentation for all covered employees for the period prescribed by the law.
Tow Operator shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, lts
agents, officers, and employees from employer sanctions and any other liability which may be assessed agâinst
Tow Operator or City or both in connection with any alleged violation of any Federal or State statutes or
regulations pertaining to the eligibility for employment of any persons performing work under this Agreement.
27. Additional Terms and ConditionsA) Term of Agreement: This Agreement shall commence on December 28, 2014, and shall be
effective for three (3) years from that date, unless otherwise terminated by City.
B) Fiscal Appropriations: This Agreement is subject to and contingent upon applicable budgetary
appropriations being made by the City for each year during the term of this Agreement. li such
appropriations are not forthcoming, the I greement will be terminated without penalty. Tow
Operator acknowledges that funding or portions of funding for this Agreement may also be
contingent upon the receipt of funds from, and/or appropriation of funds by City. lf suðh funding
and/or appropriations are not forthcoming, or are othenvise limited, City may immediately terminate
or modify this Agreement without penalty.
C) Conflict of lnterest (Tow Operator): Tow Operator shall exercise reasonable care and diligence to
prevent any actions or conditions that result in a conflict with the best interest of City. This
obligation shall apply to Tow Operator, Tow Operator's employees, agents, relatives, and third
parties associated with accomplishing the work hereunder. Tow Operator's efforts shall include, butnot be limited to, establishing precautions to prevent its employees or agents from making,
receiving, providing, or offering gifts, entertainment, payments, loans, or other considerations which
could be deemed to appear to influence individuals to act contrary to the best interest of City.
D) Tow Operator Work Hours and Safety Standards: Tow Operator shall ensure compliance with all
safety and hourly requirements for employees, in accordance with federal, state, and City safety
and health regulations and laws.
E) Orderly Termination: Upon termination or other expiration of this Agreement, each party shall
the other party all papers, materials, and other properties of the other held by
of execution of the Agreement. ln addition, each party will assist the other party
ion of this Agreement and the transfer of all aspects, tangible and intangible, as
for the orderly, non-disruptive business continuation of each party.
F) Reprocurement Costs: ln the case of default by Tow Operator, City may procure the service from
other sources and, if the cost is higher, Tow Operator will be held responsible to pay City the
difference between the Agreement cost and the price paid. City may make reasonable efforts to
obtain the prevailing market price at the time such services are rendered This is in addition to any
other remedies available under law.
G) Authorization Warranty: Tow Operator represents and warrants that the person executing this
for Tow Operator is an authorized agent who has actual authority to
nd every term, condition, and obligation of this Agreement and thai all
r have been fulfìlled to provide such actual authority
6
H) Notices: Any and all notices permitted or required to be given hereunder shall be deemed duly
given (1) upon actualdelivery, if delivery is by hand; or (2) upon delivery by the United States mail if
delivery is by postage paid registered or certified return receipt requested mail, or (3) through
electronic means such as, email or the Dispatch & Tracking Solutions Software System (DTS)
l) Data - Title to: All materials, documents, data or information obtained from City data files or any
City medium furnished to Tow Operator in the performance of this Agreement will at all times remain
the property of City. Such data or information may not be used or copied for direct or indirect use
by Tow Operator after completion or termination of this Agreement without the express written
consent of City. All materials, documents, data or information, including copies, must be returned to
City at the end of this Agreement.
J) Usage: No guarantee is given by City to Tow Operator regarding usage of this Agreement. Usage
figures, if provided, are approximate, based upon the last usage. Tow Operator agrees to supply
services and/or commodities requested, as needed by City, at prices listed in the Agreement,
regardless of quantity requested.
K) Tow Operator's Records: Tow Operator shall keep true and accurate accounts, records, books
and data which shall correctly reflect the business transacted by Tow Operator in accordance with
generally accepted accounting principles. These records shall be stored at the Tow Operators
principal place of business for a period of three (3) years after final payment is received by City.
L) Audits/lnspections: Tow Operator agrees to permit City's authorized representative (including
auditors from a private auditing firm hired by City) access during normal working hours to all books,
accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose
of auditing or inspecting any aspect of performance under this Agreement. The inspection and/or
audit will be confined to those matters connected with the performance of the Agreement including,
but not limited to, the costs of administering the Agreement. City reserves the right to audit and
verify Tow Operator's records before or after final payment is made.
Tow Operator agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of records retention is stipulated under this Agreement or
by law. Tow Operator agrees to allow interviews of any employees or others who might reasonably
have information related to such records. Further, Tow Operator agrees to include a similar right to
City to audit records and interview staff of any sub-Tow Operator related to performance of this
Agreement.
M) Should Tow Operator cease to exist as a legal entity, Tow Operator's records pertaining to this
Agreement shall be forwarded to the Chief of Police or his/her designee.
28. Disputes-Aqreement
A) The Parties shall deal in good faith and attempt to resolve potential disputes informally.
1) Tow Operator shall submit to the Chief of Police, or his/her designee, a written demand for a
final decision regarding the disposition of any dispute between the parties arising under,
related to, or involving this Agreement, unless City, on its own initiative, has already rendered
such a final decision.2) Tow Operator's written demand shall be fully supported by factual information, and, if such
demand involves a cost adjustment to the Agreement, Tow Operator shall include with the
demand a written statement signed by a senior official indicating that the demand is made in
good faith, that the supporting data are accurate and complete, and that the amount
requested accurately reflects the Agreement adjustment for which Tow Operator believes City
is liable.
Pending the final resolution of any dispute arising under, related to, or involving this Agreement,
Tow Operator agrees to diligently proceed with the performance of this Agreement. Tow Operator's
failure to diligently proceed shall be considered a material breach of this Agreement.
Any final decision of City shall be expressly identified as such, shall be in writing, and shall be
signed by the City Hearing Administrative Officer, or Chief of Police, or his/her designee, as
applicable lf City fails to render a decision within ninety (90) days after receipt of Tow Operator's
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B)
c)
demand, it shall be deemed a final decision adverse to Tow Operator's contentions. City's final
decision shall be conclusive and binding regarding the dispute unless Tow Operator commences
action in a court of competent jurisdiction.
29. Breach of Agreement
The failure of the Tow Operator to comply with any of the provisions, covenants or conditions of this Agreement
shall be a material breach of this Agreement. ln such event the City may, and in addition to any other remedies
available at law, in equity, or otherwise specified in this Agreement, undertake any of the individual actions or
any combination of the following actions:
1) Afford the Tow Operator written notice of the breach and ten calendar days or such
shorter time that may be specified in this Agreement within which to cure the
breach;
2) Suspend and/or remove Tow Operator from the rotation;
3) Terminate the Agreement immediately, without any penalty.
ïhe Parties hereto have executed this Agreement.
TOW OPERATOR:
rire: Oht^/ EÊ.,
TOW OPERATOR*:
BV:Title:
Print Name:Date:
*lf a corporation or limited liability company, the document must be signed by two corporate officers. The first signaturemust be either the Chairman of the Board, President, or any Vice President. The second signature must be thesecretary, an assistant secretary, the Chief Financial Officer, or any assistant treasurers. ln the álternative, a singlesignature is acceptable when accompanied by a corporate document demonstrating the legal authority of i'hesignature to bind the company.
Date:
APPROVED AS TO FORM
DOUGLAS T. SLOAN
City
Date:
ATTEST.
WONNE SPENCE, CMC
City Clerk
CITY OF FRESNO.
8
ATTACHMENT A
SCOPE OF WORK
1. Scope of Work
Tow Operator shall perform the towing, and storage of vehicles as directed by the City, and in addition, such
other services as provided in this Scope of Work, and shall provide necessary storage facility, tow vehicles,
labor, materials, equipment, machinery, and tools. The Tow Operator shall comply with all
'State
laws and
regulations, applicable to tow units and impound, towing, storage, selling or junking of vehicles. Tow operators
must follow all guidelines set forth by equipment manufactures recommendations as to their use and care of all
towing related equipment. All permits and licensing fees as specified under California Vehicle Code (CVC)
sections 34620 through 34624 shall be in full force and effect at all times during this Agreement. Any violaiion of
this section will be considered a material breach of the Agreement and may result in immediate términation of
this Agreement.
2. Towinq Services and Duties
It shall be the duty of the Tow Operator, when so directed by the City, to provide prompt tow service for vehicles
which are taken into custody by the City. This includes vehicles involved in collisions or disabled by any other
cause, abandoned in public places or on private property. Vehicles impounded for evidence, impeding tñe flowof traffic, or which for any other reason, are within the jurisdiction of the FPD. As required by law, Tow
Operators are to remove from the street all debris resulting from said collisions and to clean the immediate area
of such street (CVC section 27700(a)(1)). lt shall also be the duty to provide for the safety and security of those
vehicles and the contents thereof. These duties are inherent to the job and are to be included in the piice of the
basic tow bill.
The tow truck operator shall provide a business card to the registered owner or driver for the vehicle being
towed. The business card shall contain the name, address and phone number of the tow company as well aé
the link to the vehicle search system in DTS as follows: www.findmytow.com
Tow truck operators and/or drivers will not be permitted to drive an impounded or recovered stolen vehicle orvehicle intended for storage from a FPD rotation call or special operation Any exceptions must be at the
direction of the FPD officer in charge of the scene and should be limited to repositioning the vehicle to allow for
towing.
The City has designated two (2) tow companies for evidence impound tows and no other rotation tow company
shall maintain custody over these vehicles at any time. lf an officer impounds a vehicle for evidence and a non-
preference rotational tow is dispatched, it is the responsibility of the tow driver to verify with the officer on scene
as to whether a vehicle is to be held for evidence. lf it is determined that the vehicle is to be held for evidence,
the tow driver must immediately notify the officer on scene that the company is not authorized to handle
evidence impounds and an evidence tow company shall be dispatched. Tow Operator shall then contact the
Tow Unit on the same business day, or within the next business day if such tow occurs after regular business
hours. Acceptance of an evidence tow by a non-designated evidence tow company will result in disciplinary
action and full financial responsibility for all tow and storage fees for each violation.
lf terminated or suspended, Tow Operator and/or owner at the time of the suspension or termination, shall not
be eligible for a rotation listing for the duration of the suspension or termination. This provision applies to the
Tow Operator working in any capacity within any tow business or operating any tow business and to the tow
business even if operated under new ownership.
Tow Operator shall not share equipment with any other tow company on, or applicant for the Tow Rotation List
excluding equipment which may be unavailable due to repairs or when there is a need for equipment
replacement and written notice has been obtained from FPD.
3. SpecialOperations
FPD conducts special operations coordinated through the Traffic Bureau throughout the year that requires tow
companies at the location of the special operation. Tow companies on the Tow Rotation List that are in good
standing with FPD may be invited to participate in these operations, provided they are willing to remain witñ the
special operation until its conclusion and forfeit any rotational tow calls (FPD, California Highway patrol, or
other) received during the duration of the operation. "Good standing" shall mean that Tow Operator has not
violated, or is not in violation of the terms of this Agreement, the provisions of the FMC, State, or Federal law.
All special operations tows will be subject to the provisions of this Agreement. Tow Operator shall respond to a
I
special operation with a flatbed tow truck with the capability of towing (2) vehicles. No ride alongs will be allowed
on any special operations unless the ride along is the Tow Owner or a Tow Driver who is in training and has
been approved by FPD.
4. Siqnaqe and hours of Operation
The storage yard or business office shall have a sign that clearly identifies it to the public as a towing service.
The sign shall have letters that are clearly visible to the public from the street and must be visible at nignt All
storage facilities must be accessible to City personnel twenty-four (24) hours per day and seven (7) dãys perweek. The Tow Operator will provide customer service twenty-four (24) hours per day and seven (7) days per
week for the release of vehicles.
Tow Operator shall provide at least one person at a call station to respond and release vehicles within thirty (30)
minutes. Tow Operator shall maintain all signage required pursuant to CVC sections 22BSO.3 and 226-51 07
and include an after-hours contact phone number for Tow Operator.
5. Response Time
Tow Operator shall respond to calls twenty-four (24) hours a day, seven (7) days a week, within the maximum
response time limits as established by the Chief of Police or his/her designee. A reasonable response time is
thirty (30) minutes or less, except during peak hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p m ,(Monday through Friday), when the required response time will be extended to forty-five (45) minutes or less.
Tow Operator shall respond with a tow truck of the class required to tow the vehicle specified by the DTS
System.
6. Non-Response
The Tow Operator shall update the DTS System at the time of dispatch to a tow rotation request lf the TowOperator is either unable to respond or unable to meet the maximum response time, the tow operator shall
immediately update the DTS System accordingly. lf, after accepting the call, the Tow Operator is unable torespond or will be delayed in responding, the Tow Operator shall immediately update the DTS system
accordingly.
will be esponse. Each non-response will be immediatelyEach e logged by the DTS System and reviewed by the
onse is than the Tow Operator, the Tow Operator will be
nd calle portunity in line.
One such breach, determined to be the fault of the Tow Operator, will be grounds for written reprimand which
may be subsequent to a meeting between the Tow Operator and the City. A second breach may Oe grounds fora (30) thirty-day suspension of this Agreement. A third violation will be considered a material breach of the
Agreement and may result in immediate termination of this Agreement.
ln the case of suspension or termination, all vehicles then in storage at the time of the suspension or termination
remain protected under this Agreement as City's impounds and the Tow Operator is so bound. The City will
have the option to remove and/or transfer stored vehicles.
When a Tow Operator ble to provide services due to preplanned/scheduled activity,
such as a vacation, m etc , the Tow Operator will notify City in writing via the DTS
system at least forty-e City reserves the right to deny these requests to maintain
adequate service levels for tow operations. Failure to notify the City will be considered a non-response and a
material breach of this agreement.
7. StoraqeResponsibilities
It shall be the duty of the Tow Operator to provide impound and other storage service for all vehicles as directed
by the City The Tow Operator shall be responsible for all vehicles, accessories and equipment thereon and allpersonal property therein stored by Tow Operator. lt shall be the Tow Operators' duty to protect such stored
vehicles, accessories, equipment, and property against all loss or damage by fire, theft or other causes. The
Tow Operator will have available for review by City personnef, all permits and proof of compliance to all local
zoning, special use, conditional use and special requirements, laws and regulation. lt is the responsibility of the
Tow Operator to ensure vehicles are stored in a secured facility.
L Size and Location of Storaqe Facilitv
The tow yard shall be located within the City of Fresno's "Metropolitan Area." Metropolitan area is defined as
within the borders of Copper Avenue to the north, American Avenue to the south, DeWolf Avenue to the east,
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and Chateau Fresno to the west. Tow Operator shall be responsible for the security of vehicles and property at
the place of storage. At a minimum, a six (6) foot fence or enclosed secured area is required for outside
storage. A minimum of 5,000 square feet, or room for twenty (20) vehicles, shall be provided All tow yards
located with the City of Fresno shall be in compliance with the FMC, current Directors Class #208 and shall
follow the current Development and Resource Management Department's Policy and Procedure C-002. lf the
tow facility is located outside the City of Fresno, the tow operator is required to provide written proof that the
yard is in compliance with the authorizing jurisdiction. Tow Operator is responsible for the reasonable care,
custody, and control of any property contained in towed or stored vehicles. The storage facility and business
office will be located at the primary storage yard and shall be maintained in a functional, clean and orderly
fashion. The facility shall have a telephone, on-site fax machine and the necessary computer equipment to
properly run DTS software and to send and receive email.
ln the event of criminal activity at a storage facility, the City may require the Tow Operator to take measures to
assist in preventing such crimes. These measures could include, but are not limited to: the yard being
illuminated during darkness, with security type lighting, to such a degree that visual observation of the entire
yard may be accomplished at afltimes, improved fencing and/or security patrols.
All vehicles stored or impounded as a result of a tow ordered by the City shall be towed direcily to a towing
service storage lot unless the City, or in the case of a citizen's assist, a person legally in charge of the vehicle,
requests that it be taken to some other location.
All vehicles towed as a result of action taken by the City will be stored at the Tow Operator's principal place of
business unless directed otherwise by the City's Tow Coordinator. Vehicles stored at an auxiliary storage facility
will be considered a breach of this Agreement. The Tow Operator shall not remove personal property from a
stored vehicle. lf the registered owner removes personal property from a stored vehicle, the Tow Operator will
maintain documentation of such and will require a signed receipt from the registered owner for property
released. The Tow Operator shall immediately notify the City if any contraband, weapons or hazardous
materials are found in the vehicle(s).
9. Enclosed Facilitv
Ïhe Tow Operator may maintain, without charge to the City or any other person, separate and enclosed garage
facilities no less than 1,000 square feet of clean working space. The facility must be constructed to include a
roof and at least four walls of substantial design to withstand the elements and protect the vehicles from the
weather. The facility should have a concrete floor and sufficient lighting. This inside facility must be located at
the Tow Operator's primary storage yard. This inside facility is not required to qualify for the City's rotation,
however, when inside storage is requested for a particular vehicle, the next Tow Operator in line meeting the
needs of the City's request will be used.
10. DTS Requirements
Tow Operator shall utilize the most recent, updated and upgraded DTS software program, to dispatch and track,
via a web-based lnternet connection. Tow Operators will be required to enter the towed vehicle information as
instructed by the City. At no time will a vehicle be released, subject to lien, or junked from impound without all
required data fields being entered into the DTS system by the Tow Operator. The Tow Operator shall clearly
identify and enter into DTS the name of the person to whom the vehicle was actually released. All City tow
requests shall be made utilizing this program. Failure at any time to have the DTS progiam in full operation shall
cause the immediate removal of the Tow Operator from the tow rotation and be grounds for immediate
termination by City. Tow Operator must enter into a separate agreement, or license for the DTS software
program with the owner of that proprietary software. The City shall not provide the DTS software program, any
licensing or sub-licensing thereof or any intermediary services for the procurement by Tow Operator of the DTS
software program. This Agreement shall not be executed by the City until Tow Operator has demonstrated to
the City's satisfaction compliance with the requirements set forth herein. Tow Operator shall be liable for all
fees, charges, prices, rates and service charges required from DTS. DTS shall be utilized in "real time" and all
entries should reflect as such. lnvoices shall be used from DTS when releasing vehicles and be pursuant to
section 22651.07 of the CVC. The only Tow Operator personnel authorized to utilize and access DTS are those
that have fully complied with the provisions set forth in Section 12, "Tow Operator Personnel" of this Agreement.
lf the Tow Operator is not in FULL compliance with the above stated requirement, the Tow Operafor will be
removed from the City towing rotation. ln the event that DTS fails to provide software services, or the City elects
to utilize a new software provider, the Tow Operator will be required to use the replacement towing software
system. lf that occurs, all references to DTS in this Agreement shall instead be interpreted as references to the
new software program.
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11. Official Notification bv Citv Reqardinq Tow
Official notification by City regarding tow services is considered any form of written, email, verbal instructions ornotifications received from an authorized City employee or electronic notice from the DTS program. lf the TowOperator receives verbal instructions or notifications from a City employee the Tow Operaior must respond toCity, by 5:00 p.m. (PST) on the next business day.
12. Tow Operator Personnel
A.) Conduct
The Tow Operator shall perform the services req
obtain and keep the confidence of the public.
employee of the Tow Operator exhibit any of
uncooperative, argumentative, threatening, inco
employee, or with any member of the public.
assignment, if in the opinion of the City, the Tow Operator is acting in a rude, uncooperative,arg competent or dangerous manner. The City also reserves the right to cancelan if in the opinion of the City the Tow Operator is likely to damagã the vehiclefor called. Other examples of unacceptable behavior ¡nôluCe but ãre not limitedto: age, disconnecting telephone calls for public inquiries regarding à to*threatening, aggressive, or assertive language, failure to provide timely information oidocuñrents inresponse to a public or City inquiry, lack of respect to any City personnel or member of the public,destruction or damaging of evidence, failure to comply with ihe reasonable request of a member of thepublic, failure to release vehicle in a timely manner, failure to make appointmênt for release of vehicleduring evening or weekend hours, failure to promptly be on site at time of appointment for release ofvehicle during evening or weekend hours, impeding an investigation or any otn'ei conduct which the Citydeems unprofessional.
lf be in violation of this conduct clause, the City will cancel the Tow Operatora rator in rotation. Any such behavior as set forth above shall be considereda reement and may be grounds for immediate suspension or immediatetermination by the City, without penalty.
B.) PersonnelAppearance
Tow Operators shall be required to furnish their employees with a distinctive company uniform. Eachuniform shall have the firm's name, as well as the employee's name, in a conspicuouj place. The towcompany's name and driver's first name shall be clearly visible at all times, meaning thåt protective orinclement weather outer garments must meet this standard. Each employee shall have sufficient uniformsso as to maintain a neat, clean appearance at all times. Minimum requirements for uniforms include ashirt, long pants, and appropriate safety shoes. All drivers shall be in uniiorm before any towing or serviceoperation begins. No wording, designs, photos, gestures, or anything that could be considered offensiveor obscene to the general public shall be displayed by the Tow Operators or on any part of the uniform.Dress standards are required in order to project a professional and positive image to lhe public
All employees must be neat, clean and well groomed in appearance. ln order to ensure a professional
appearance, all tattoos must be concealed by operators while working Personnel will be required toconceal any tattoos with gloves, collars,.long sleeves, or by other meañs acceptable to the City. Èaciåltattoos of any variety are not permitted. No facial piercings shall be worn while on duty.
Drivers shall wear_safety vests or reflectorized clothing that conforms to Occupational Safety and HealthAdministration (OSHA) requirements. Alternatively, the OSHA safety requirements may be incorporatedinto the uniform, jacket, or rain gear, as long as these items are worn as the outermost gãrment.
C ) UnlawfulActivityTh hall not be involved, nor shall the Tow Operator or its employeesbe activity whether verbal, written or- conueyêd in any other manner,an may be construed as unlawful. lf the City deems ihe involvementto y terminate this Agreement.
The Tow Operator shall not provide any direct or indirect commission, gift or any compensation to anyperson or public or private entity, in consideration ol arranging or requesting the services'of a tow truck aåprovided in section 12110 of the CVC.
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No Tow Operator will be involved or solicit any compensation of any kind including but not limited to
involvement with any other company or business that might result in income or consideration as a result of
any activity initiated by the City.
An example of such a prohibited involvement could include but is not limited to: financial reimbursement
by auto-body repair business for referrals, or towing directly from the scene of a collision to the auto-body
shop without prior unsolicited approval or request by the registered owner, driver or insurance company
representative of the damaged vehicle, kickback to or from a security company or homeowner'å
association for "finding" or towing a vehicle from a location, whether private property, public, off street
parking facility or a public roadway. Violation of this provision shall be grounds for immediate termination
by City, without penalty.
D.) Personnel Licenses
Tow Operators providing services under this Agreement, including tow truck drivers, dispatchers and other
office personnel, will have sufficient knowledge, experience and capability to ensure safe and proper
discharge of their service responsibilities. lt will be the responsibility of the Tow Operator to ensure that allof its personnel will be properly licensed in accordance with sections 12500, 12520, and 12g04.9 of the
CVC. All tow truck drivers and tow truck operators shall be enrolled in the "Pull Notice" program as de¡ned
in CVC section1808'1 et seq.. Drivers must complete a CHP approved Tow Operator Cıurse every five(5) years and copies of completion of the course shall be sent to the City. All Tow Operatorj andpersonnelshall have no criminalrecord which would preclude them from being placed in a position of trust
while in the service of a law enforcement agency or any crime listed below under the heading of "Criminal
Record."
E.) Fingerprints
All owners and employees who have not previously submitted their "LiveScan" fingerprint samples shall
submit their "LiveScan" fingerprint samples, at their own expense, through the City frior to being awarded
this Agreement, for the purposes of verifying their criminal history with the Department of Justice.
Failure to provide information regarding the identity of the owner, employee, or anyone else with a
financial interest in the Tow Operator will result in termination of this Agreement. The Tow Operator willprovide the City with information regarding any change in employee status immediately and update DTSto reflect such changes. Failure to comply may result in further disciplinary action, and will be considered
a breach of this Agreement.
After execution of this Agreement, no person shall be employed by the Tow Operator or perform anyseruice under this Agreement until the background record check and "LiveScan" is completeO aná
approved by the City and said employee has receiver their identification badge from the City.
Notwithstanding the foregoing, Tow Operators and owners that have towed for the City under the previousÏow Service Agreement and have completed a new background and "LiveScan" cheðk will be aliowed to
continue to tow for the City until such time as the results of the background and "LiveScan" submissions
are reviewed and approved by the City.
Any employee of the Tow Operator that has left employment with said Tow Operator and returned and
been rehired must complete an additional background check before performing services pursuant to this
Agreement
F.) Criminal Record
A conviction of anyone with a financial interest in the Tow Operator, or any employee of the Tow Operator
including but not limited to any of the following offenses, may be cause for denial of application or
termination of this Agreement:
. Any crimes listed in California Penal Code section 2g0. DUI-Within 5 years of the Date of Fingerprinting. Vehicle thefto Fraud. Stolen property
. Crimes of Violence. Any felony crime relating to narcotics or any controlled substance. Any other crimes enumerated in CVC section 2432.3
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. Act¡vely on parole or on any form of probation. Crime of moral turpitude. Sex, Arson, Narcotics Registrant. Other felony conviction
The City is not required to provide any reason, rationale or factual information in the event it elects to deny
application or remove any of Tow Operator's personnel from providing services for the City under this
Agreement. Tow driver or employee applicants denied under this section may appeal to ifie Chief of
Police or his/her designee. All decisions by the Chief of Police, or his/her designee, are final.
ln the event the Tow Operator or employee is convicted or is under investigation, the Tow Operator maybe given the opportunity to replace that employee without prejudice to the Agreement. ru'otning snaitprohibit the City from removing, suspending or termir eement. lt wili be the responsiOitity otthe Tow Operator to provide the City wi arding any illegal activity, arrest(s) or
conviction of any Tow Operator and/or e of this section, any conúlcilon oi plea
of guilty or nolo contendre, even to any re considered convictions. Failure toprovide information regarding the identity of the employee, or anyone else with a financial interest in the
Tow Operator will result in termination of the Agreement. Failure to provide information to the City of any
information regarding the conviction of any of the above crimes may also result in termination of the
Agreement.
G.) ldentificationBadges
Each tow truck he Tow Operator shall wear, in plain view an identification badge,
authorized and that employee, while on any call for service where the City isinvolved. 11 a ds to a scene without his authorized name badge, the tow tiuck
driver will be d e and the next Tow Operator in rotation will be ıalled. Failure to
carry an identification badge will be considered a violation as stated in Section 31, "Disciplinary Action," ofthis Agreement. The purpose of these badges will be to identify those employees of the Tow Operator
who have been fingerprinted by the City and have passed the record check by the Department of Jústice.
All identification badges are the property of the City and will be returned by the Tow Operator to the Citywithin forty-eight (48) hours of an employee's separation. Tow Operator will provide a current list of all
staff including drivers, dispatchers, etc. Anytime there are any changes to this list, the City is to be notified
by the next business day and provided with an updated and current list.
13. Tow Operator Licensinq and Certification
All licensing and certifications required by Federal, State and local authorities shall be maintained current and
valid at all times as required in CVC sections: 34507.5,34600 etseq, 34620, and 12111, and sections 723j et
seq, of the California Revenue and Taxation code. Failure to have any required license or certification, including
any driver who fails to have an appropriate class of license, may be grounds for immediate termination by City
without penalty.
14. lnspection
All real property and improvements thereon, and all vehicle facilities, equipment and materials used by the TowOperat services required herein shall be open to inspection by the City or itsauthori subject to no less than one annual inspection. Additional-inspections may
be con ormal business hours. lnspections may include, but are not limited to, allbooks, iles, financial reccrds, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpoie oi auditing
or inspecting any aspect of performance directly related to this Agreement. ln the event that the City determines
that the real property and improvements thereon are ir sufficient, derelict or fail to meet the reqúirements as
called out in this Agreement, this Agreement may be terminated by City immediately, without penalty.
15. Vehicle and Equipment Requirements
Tow vehicles will be maintained in compliance with sections 24605, 25253,25300, 27TOO and 27907 of theCVC. Tow vehicles will be of at least 14,000 lbs. GVWR with dual rear wheels, with the ability to tow two (2)
vehicles, or a vehicle andlor a trailer. Tow vehicles must have two-way communication capabilities and the
ability to communicate and connect with the DTS System at all times. The Tow Operator shail have equipment
capable of towing from off-road areas, towing from underground facilities, and recovery services'with an
adjustable boom with at least five tons of lifting capacity. ln addition to the conventional wheel lift towing
capabilities, the Tow Operator shall maintain at least one or more flatbed or rollback trucks with a minimum offifty (50) feet of cable, and the required safety equipment. Unless otherwise specified by the City, all Tow
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operators shall respond to a tow service request with a flatbed or rollback truck as specified above. At thediscretion of the tow operator, a wrecker may be used to respond to a tow service request. lf for any reason theTow Operator is unable to complete the tow service request with the wrecker, the Tow Operatoi will not beplaced back on the top of the rotation list and a new Tow Operator will receive the tow service request.
A 3-axle or 25{on truck is not required equipment. However, Tow Operators that possess this equipment will beplaced on a heavy-duty tow rotation list.
All trucks must have_the required emergency lighting, portable stop and tail lamps, a broom, shovel, fireextinguisher (rating 4-Br C), a utility light, reflective triangles, a large pry-bar, covered trash cans with approvedabsorbent, rags, unlocking equipment, dollies (boom trucks), chains, and/or tie downs.
Wheel lift trucks will maintain at least 100 feet of cable and all safety equipment as required by themanufacturer.
Tow vehicles must have a cable winch of sufficient size and capacity to retrieve vehicles that have gone offtraveled portions of roadways into inundated areas or other inaccessible locations Winches must havé visiblelD tags designating the model, make, serial number, and rated capacity.
All tow trucks used in City tows will be subject to a yearly inspection. This does not preclude the City fromconducting random inspections throughout the year.
16. Vehicleldentification
Tow vehicles shall display identification signs in compliance with section 27907 of the CVC. The Tow Operatorshall not display any sign or advertising material that indicates that his tow vehicles are an official police serviceof the City.
17. Gharqes and Fees to be collected from Registered Owners
All rates and charges shall be conspicuously posted in the office and in all tow vehicles These rates shall quotecomplete charges and fees with no additional fees to b: added at a later date. These rates will be available forreview by City personnel and/or the person for whom tow service is provided. All fees collected shall be itemizedand invoiced in DTS the CVC. tt wiil be the
to collect his bill for s sible in any way for the
be calculated on the which is countêd as a
California Civil Code Al fees listed on the DTS invoice will be received in theform of major credit card, debit card, or cash. All fees collected, both City and Tow Operator fees, must beinvoiced through the DTS system prior to release and at the time of payment. No credit card fees will becharged pursuant to CVC section 22651.1 and CCC section 1748.1 for any portion of the fees. The Cityreserves the right to change all payment methods during the term of this agreement.
18. Lien Fees
At no time shall the City be charged a lien fee on a towed or impounded vehicle. No lien shall be attached toany vehicle that has been impounded by the City until after seventy-two (72) hours from the time of storage aslisted in the DTS system have passed pursuantto section 22851.12 of the CVC. All lien transactions muit beentered into the DTS system by Tow Operator. Vehicles sold at lien sale shall abide by all laws relating to liensales. A vehicle held in impound by the City for thirty (30) days, shall not be sold at lien until such tirie as isconsidered reasonable to allow the registered owner time to pay for and pick up the vehicle before it is sold atlien, but under no circumstances before the thirty-fifth (3sth) day after storage.
The Tow Operator shall abide by all appficable statutes and ordinances concerning disposal of unclaimedvehicles, including b9! not necessarily limited to CVC sections 22670; 22851, 22BE1.li ZZeSt.2: 22851.3.,22851.4, 22851.6, 22851.8', 22851.10, 22851.i2 and 22852.5.
As described in CVC section 22856, liability for despoliation of evidence shall not arise against the TowOperator that sells any vehicle at, or disposes of any vehicle aftet, a lien sale, as long as the Toiv Operator canshow written proof that he was notified in writing by the )ity that the vehicle would not-be needed as evidence ina legal action. This proof may exist in the form of an official release in the DTS System or any other writtenconveyance signed by a member of the City prior to the official, written release of the vehicle.
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19. Reasonableness and Validitv of Fees
Fees charged to the registered owner or any other person for response to calls originating from the City shall be
reasonable and not in excess of those rates charged for similar services provided in response to requests
initiated by any other public agency or private person. During the term of this agreement, the City shall conduct
an annual review each December of towing and storage fees of comparable cities and adjust rates set forth in
Attachment B by the first week of January of the following year.
20. Towinq Operation
All tows performed under this Agreement will be included in the flat rate charge as described in Attachment B.
No additional charges shall be charged without prior approval from the City and written notice is provided in the
DTS System. Any unapproved charges received outside the DTS System will result in immediate termination of
this Agreement and removalfrom the rotation list
The Tow Operator shall base towing charges upon the class of vehicle being towed regardless of the class of
the truck used, except when vehicle recovery operations require a larger class truck. The Tow Operator may
refer to the tow truck classes and weight ratings as defined by the Towing & Recovery Association of America
(TRAA) vehicle identification guide.
21. Service Call Rotation and Fees
The City shall establish a separate rotation list for Tow Operators willing to respond to service requests (out ofgas, lockouts, tire changes, etc.) Rates for a service requests shall not exceed one-half the flat rate charge for a
light duty truck response.
22. Gate Fees
No gate fees may be charged between 8:00 a.m. through 5:00 p.m Monday through Friday, excluding State
recognized holidays as listed below:
New Year's Day
Martin Luther King Day
Presidents'Day
Cesar Chavez Day
Memorial Day
lndependence Day
Labor Day
Veterans'Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
An after hours gate fee may be charged at all other times. The gate fee is not to exceed fifty percent (50%) ofthe flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal
property recovery that occurs outside normal business hours (excluding lien fees, storage fees, taxes, or other
additional fees ) The Tow Operator is responsible for assuring that proper gate fees are charged in accordance
with this section. Over charging gate fees will be considered a major violation as ouflined in Section 30.
All towing and storage fees charged by the Tow Operator are the responsibility of the vehicle's owner and are
not the responsibility of the City. The exception would be evidentiary impounds made at the direction of City
personnel.
23. Cancelled Tow
The City shall not be liable to pay the Tow Operator or anyone else any charge or other fee for a call that does
not result in a chargeable service being rendered by Tow Operator ("Dry Run"). The cancelled Tow Operator
shall be placed back on the top of the rotation list and will receive the next tow in rotation.
24. Towed in Error
ln the event the City determines that an error has occurred in impounding a vehicle, it shall be immediately
released to the registered owner wlthout charge and the Tow Operator will be placed back on the top of the
rotation list and will receive the next tow in rotation. ln ¿ddition, the Tow Operator will be given one exira tows
on the rotation list. Additional extra tows may be given at the discretion of the Tow Unit.
25. Release Fees
California law authorizes the recovery of funds required to enforce certain provisions of the CVC and promote
traffic safety on public roadways. This authorizalion falls under CVC section 22850.5 and further authorized by
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City resolutions. These resolutions are open to public view at the City and/or City offices and are on file with the
City's Traffic Bureau The Tow Operator will collect fees on the behalf of the City from the registered owner,
legal owner or agent of an impounded car.
A City administrative / franchise fee will be charged for the release of a vehicle that has been impounded by the
City. Fees will be established by an independent consulting firm to determine the City's costs associated with
impounding vehicles in accordance with CVC sections 22850.5 and 12110(b). All vehicles impounded will be
charged an administrative / franchise fee for the release of the vehicle. This fee will be established and attached
to each vehicle in the DTS System. The City's administrative fees will be collected at the time of the release by
the Tow Operator. The Tow Operator will pay the City's franchise fees equivalent to the City's administrative
fees for every vehicle that is not picked up by the owner or agent. The Tow Operator will pay the City's
administrative / franchise fees for every.City vehicle that was towed during the preceding month and will pay the
City no later than 12.:00 p.m. on the 15"'of the following month, regardless of the disposition of the vehicle. ln
the event that the l5th of the month falls on one of the State recogniãed holidays listed in Section 22 above, or a
weekend, the City's administrative/franchise fee must be paid by 1200 p.m. on the following business day. Tow
Operators who fail to submit the City's administrative / franchise fees to the City by the 15'n day of each month
will be immediately suspended from rotation until all fees are received, and will be subject to appropriate
disciplinary action and civil recourse. The City will keep a strict accounting of these fees through the DTS
System and frequent audits will take place to ensure accurate and timely payment of collected City
administrative / franchise fees. The fee will be listed as an item on the owner's / agent's DTS contractor invoice.
26. UnauthorizedRelease
Unauthorized release of an impounded vehicle, accidental or othenvise, having evidentiary value, not officially
released by the City, and determined to be the fault of the Tow Operator, will result in the issuance of a major
violation as set forth in this Agreement. The determination of such fault will be the responsibility of the City
27. Release of Multi-Dav lmpounds
A vehicle impounded with a multiple day hold may only be released prior to the impound period with written
authorization by the City in the DTS System The DTS System will automatically schedule the release of an
impounded vehicle.
28. Release of Vehicles
Vehicles may only be released through the DTS System. Once the DTS System authorizes the release of a
stored or impounded vehicle, it is the Tow Operator's responsibility for the vehicle's release. The Tow Operator
is hereby granted authority to release to the registered owner, legal owner, or authorized representative,
pursuant to section 22850.3 of the CVC. At the time of release, the Tow Operator shall have the registered
owner, legal owner, or authorized representative taking possession of the vehicle sign a release indicating that
they are properly licensed and insured to drive a motor vehicle.
29. DisciplinarvAction
The Chief of Police, or his/her designee, shall take disciplinary action against Tow Operators for violations
investigated and sustained. Unless otherwise noted, the Chief of Police, or his/her designee, will determine the
period of suspension and shall retain discretion regarding the length of any suspension imposed pursuant to the
terms and conditions of this Agreement. The City shall retain record of violations for at least the term of this
Agreement.
30. Maior violations
Major violations include any chargeable offense under Federal, State, Local Law and significant violations of this
Agreement. Such violations shall result in suspension or immediate termination of this Agreement. The Chief of
Police, or his/her designee, reserves the right to impose longer periods of suspensions or immediate
termination, if deemed appropriate in his/her sole discretion. The Chief of Police, or his/her designee, reseryes
the right to remove a Tow Operator from the tow rotation during the investigation of a major violation. A
reinstatement from suspension for a major violation will result in a fìve hundred dollar ($500.00) fee. Suspension
will not be lifted until the reinstatement fee is received by the Chief of Police or his/her designee. ln addition, a
major violation may also result in the Tow Operator's employee being removed from participation in this
Agreement. Examples of major violations include, but are not limited to:
. Physical assault, against public and/or law enforcement. Verbal abuse against public and/or law enforcement. Resisting arrest. Tow Truck Driver under the influence of alcohol or illegal drugs
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. Charging rates that exceed those listed in Attachment B
. Vehicle released without authorization
. Unauthorized access to storage yard
. Theft
. Mishandling of vehicles stored as evidence
. Unauthorized driver responding to call
. Failure to provide information or change of status on any Tow Operator employee or staff
. Substantiated private party impound complaints
. Any Felony/Misdemeanor arrest
. Refusalto take a rotational tow
¡ Failure to utilize the DTS System for all City towing related matters
. Repeated late or nonpayment of City franchise fees
. Failure to properly secure storage yard
. Failure to obey a lawful order by law enforcement
31. Minor violations
Minor violations will be given to the Tow Operator in the form of a documented warning for the first violation. The
second violation will be in the form of a documented reprimanded and a one hundred dollar ($100.00) fine.
Repeated minor violations during the term of the Agreement may be treated as a major violation, and the Tow
Operator will be suspended or terminated from this Agreement. A reinstatement from suspension will result in a
five hundred dollar ($500.00) fee. Suspension will not be lifted until the reinstatement fee is received by the
Chief of Police or his/her designee. Examples of minor violations include, but are not limited to:
. Late payment of City franchise fees
. Tow truck drivers not wearing City issued l.D. cards/ proper uniform
. Unauthorized arrival time in excess of thirty (30) minutes, or forty-five (45) minutes during peak hours
. Repeated rejection of dispatched calls. Other violations of this Agreement not considered a major violation by the Chief of Police or his/her
designee. Unauthorizedride-a-long. Failure to respond to customers' needs
. Failure to maintain proper equipment. Failure to clean up at a collision scene
. Vehicle code infractions
32. Hearinq/Appeal
Tow Operator must have a legal existing interest in the tow operation or entitlement subject to the City order,
citation, decision or determination to have standing to appeal a decision by the Chief of Police or his/her
designee. An appeal that fails to identify the appellant's standing may be rejected as defective.
ln the event FPD serves Tow Operator with disciplinary action amounting to anything less than a suspension
resulting from a minor violation, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow Unit
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension for thirty (30) days or
less resulting from a minor or major violation, the Tow Operator may request a hearing within fifteen (15)
calendar days by submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow
Unit. Upon receipt of a written request for an appeal, and at the discretion of the Chief of Police, or his/her
designee, the Tow Operator may be allowed to continue rotational tows until the final disposition of the appellate
hearing.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension in excess of thirty (30)
days, or termination of the TSA, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Administrative Hearing Officer by way of the City Manager's Office. The
written appeal shall be in compliance with FMC sections 1407 and 9-1712. Notwithstanding any provision
within Chapter 1, Article 4 of the FMC, any person who appeals a suspension in excess of thirty (30) days, or a
termination of the TSA shall not be entitled to placement on the Tow Rotation List or to participate in tows until
such time as any appeal hearing has been concluded and the Administrative Hearing Officer finds that no
grounds for a suspension in excess of thirty (30) days, or a termination of the TSA has been established. Tow
Operator's remedy shall be limited to reinstatement on the tow rotation list in such case and no other
compensation or consideration will be allowed.
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ATTACHMENT B
TOW FEES
Flat price per vehicle per call:
Light Duty Tow/Flatbed $ 184.00/Each
Medium Duty Tow $ Average CHP Rates Apply
Heavy Duty Tow $ Average CHP Rates Apply
Water Recovery: $ Average CHP Rates Apply
Technoloqy Fee:
DTS Software Fee per Vehicle Towed $ Charge listed in DTS Contract and DTS System
Storaqe Rates:
Passenger cars $ 45.00/per day
Motorcycles $ 45.00/per day
Trucks or Trailers $ Average CHP Rates Apply
lnside Storage Rates:
Passenger cars $ 55.00/per day
Motorcycles $ 55.00/per day
Trucks or Trailers $ Average CHP Rates Apply
Gate Fee: No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding
State recognized holidays as listed in the Agreement.
An after hours gate fee may be charged at all other times. The gate fee shall not exceed fifty percent (50%) of the
flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal property
recovery that occur outside normal business hours (excluding lien fees, storage fees, taxes, or other additional
fees).
Non-tow service calls (out of gas, lockouts, and flat tires) shall not exceed one-half the flat rate charge for a light
duty truck response.
City of Fresno Administrative / Franchise Fees:
Vehicle Collision Blocking a Roadway $ 60.00
lllegally Parked / Abandoned Vehicle $116.00
Unlicensed Driver / Expired Registration $189.00
Arrested / Suspended Driver $266.00
DUI Driver $450.00
All fees listed on the DTS invoice will be received in the form of major credit card, debit card or cash. IVo
credit card fee will be charged pursuant to CVC section 22651.1 and CCC section 1748.1.
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CITY OF FRESNO
NON-EXCLUSIVE FRANCHISE TOW AGREEMENT
FOR FRESNO POLICE DEPARTMENT
This Non-exclusive Franchise Tow Agreement (TSA) is entered into effect on the 26th day of December 2014 set
forth below, at Fresno, California, between the City of Fresno, a municipal corporation (City) and Nellys Towing,
a Partnership (the Tow Operator).
all attachments, contains rules and regulations that a tow company agrees to comply
in the tow operations of the City of Fresno Police Department (FPD). Participation in
gram (Tow Program) is voluntary. Compliance with all of the terms and conditions of
the Agreement is mandatory for tow companies participating in the Tow Program. A Tow Operator, by agreeing
to participate in the Tow Program, is not acting as an agent for FPD or City when performing services-unãer this
Agreement.
1. Governinq Law and Venue
This Agreement shall be governed by, and construed enforced in accordance with, the laws of the State of
California excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venuefor purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any
rights and duties hereunder shall be the County of Fresno, California.
2. Entire Aqreement
This Agreement, its attachments and exhibits, when accepted by the Tow Operator either in writing orcommencement of performance hereunder, contains the entire Agreement between the parties with respeót to
the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forthherein. No exceptions, alternatives, substitutes or revisions are valid or binding oñ City unless authorized by
City in writing.
3. Amendments
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by theparties; no oral understanding or agreement not incorporated herein shall be binding on er'ther of ìhe parties;
and no exceptions, alternatives, substitutes or revisions are valid or binding on City uñless authorized by City in
writing.
4. Assiqnment or Sub Contractinq
The terms, covenants, and conditions contained herein shall apply to the parties. Furthermore, neither theperformance of this Agreement nor any porlion thereof may be assigned or subcontracted by Tow Operatorwithout the express written consent of City. Any attempt by Tow Operator to assign or subcontråct theperformance or any portion of this Agreement without the express written consent of City shall be invalid and
shall constitute a breach of this Agreement.
5. PatenUCopvriqhtMaterials/Proprietarv lnfrinqement
Unless othen¡r¡ise expressly provided in this Agreement, Tow Operator shall be solely responsible for obtaining alicense or other authorization to use any patented or copyrighted materials in the performance of thisAgreement. Tow Operator warrants that any Software ¿s modified through services provided hereunder will notinfringe upon or violate any patent, proprietary right, or trade secret right of any third party. Tow Operator
agrees that, in accordance with the more specific requirement below, it shall indemnify, defénd anO notO Cityand City lndemnitees harmless from any and all such claims and be responsible for payment of all costsdamages, penalties and expenses refated to or arising from such claim(s), including,
-but not limited to,
attorney's fees, costs and expenses.
6. Non-Discrimination
ln the peÍormance of this Agreement, Tow Operator agrees that it will comply with the requirements of section
1735 of the California Labor Code and not engage nor permit any Tow Operators to engage in discrimination in
employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, marital status, or sex of such persons. Tow Operator äctnówledges that aviolation of this provision shall subject Tow Operator to all the penalties imposed for a violatioñ of anti-
discrimination law or regulation, including but not limited to, section 1720 et seq. of the California Labor Code.
1
7. Termination
ln addition to any other remedies or rights it may have by law, City has the right to terminate this Agreement
without penalty immediately with cause and either party may terminate after thirty (30) days written notice
without cause, unless otherwise specified. Cause shall be defÌned as any breach of this Agreement or any
misrepresentation or fraud on the part of the Tow Operator. Exercise by City of its right to terminate the
Agreement shall relieve City of all further obligation.
8. Consent to Breach Not Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or
consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any
party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver
of, or excuse for any other different or subsequent breach.
9. Remedies Not Exclusive
The remedies for breach set forth in this Agreement are cumulative as to one another and as to any other
provided by law, rather than exclusive; and the expression of certain remedies in this Agreement does not
preclude resort by either party to any other remedies provided by law.
10. lndependent Tow Operator
Tow Operator shall be considered an independent Tow Operator and neither Tow Operator, its employees nor
anyone working under Tow Operator shall be considered an agent or an employee of City Neither Tow
Operator, its employees nor anyone working under Tow Operator, shall qualify for workers' compensation or
other fringe benefits of any kind through City
1'l . Performance
Tow Operator shall perform all work under this Agreement, taking necessary steps and precautions to perform
the work to City's satisfaction. Tow Operator shall be responsible for the professional quality, technical
assurance, timely completion, and coordination of all documentation and other goods/services furnished by Tow
Operator under this Agreement. Tow Operator shall: perform all work diligently, carefully, and in a good and
workman-like manner; furnish all labor, supervision, machinery, equipment, materials, and supplies necessary
therefore; at its sole expense obtain and maintain all permits and licenses required by public authorities,
including those of City required in its governmental capacity, in connection with performance of the work; and, if
permitted to subcontract, be fully responsible for allwork performed by sub-Tow Operators.
12. lndemnification
A) Tow Operator shall indemnify, hold harmless and defend City and each of its officers, officials,
employees, agents and authorized volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to
personal injury, death at any time and property damage) incurred by City, Tow Operator, or any
other person, and from any and all claims, demands and actions in law or equity (including
attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of
performance of this Agreement. Tow Operator's obligations under the preceding sentence shall
apply regardless of whether City or any of its officers, officials, employees, agents or authorized
volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or
damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any
of its officers, officials, employees, agents or authorízed volunteers.
B) lf Tow Operator should subcontract all or any portion of the work to be performed under this
Agreement, Tow Operator shall require each subcontractor to indemnify, hold harmless and defend
City and each of its officers, officials, employees, agents and authorized volunteers in accordance
with the terms of the preceding paragraph.
C) This section shall survive termination or expiration of this Agreement.
13. lnsurance
A) Throughout the life of this Agreement, Tow Operator shall pay for and maintain in full force and
effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted
by the California lnsurance Commissioner to do business in the State of California and rated not
less than "A-Vll" in Best's lnsurance Rating Guide, or (ii) authorized by City's Risk Manager. The
following policies of insurance are required:
2
5)
B)
1) COMMERCIAL GENERAL LIABILITY insurance which shall be on the most current version of
lnsurance Services Office (lSO) Commercial General Liability Coverage Form CG 00 01 and
include insurance for "bodily injury," "property damage" and "personal and advertising injury"
with coverage for premises and operations, products and completed operations, and
contractual liability (including, without limitation, indemnity obligations under the Agreement)
with limits of liability of not less than $1,000,000 per occurrence for bodily injury and property
damage, $1,000,000 per occurrence for personal and advertising injury and $2,000,000
aggregate for products and completed operations and $2,000,000 general aggregate
2) GARAGEKEEPERS LEGAL LIABILITY insurance which shall include coverage for vehicles in
the care, custody, and control of the Tow Operator with limits of liability of not less than
$120,000 per occurrence for property damage.
3) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be on the most current
version of lnsurance Service Office (lSO) Business Auto Coverage Form CA 00 01, and
rnclude coverage for all owned, hired, and non-owned automobiles or other licensed vehicles
(Code 1- Any Auto) with limits of not less than $1,000,000 per accident for bodily injury and
property damage.
4) ON-HOOIICARGO insurance which shall include coverage for vehicles in tow with limits of
liability based on the size of the tow truck, whrch are as follows:
a) Class A/B tow truck. $120,000b) Class C tow truck. . $200,000c) Class D tow truck. $300,000
WORKERS' COMPENSATION insurance as required under the California Labor Code and
EMPLOYERS'LIABILITY insurance with minimum limits of $1,000,000 each accident, $1,000,000
disease policy limit and $'1,000,000 disease each employee
Tow Operator shall be responsible for payment of any deductibles contained in any insurance
policies required hereunder and Tow Operator shall also be responsible for payment of any self-
insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate
of lnsurance and approved by the City's Risk Manager or his/her designee. At the option of the
City's Risk Manager, or his/her designee, either:
1) The insurer shall reduce or eliminate such deductibles or self-insured retention as
respects City, its officers, officials, employees, agents and volunteers; or
2) Tow Operation shall provide a financial guarantee, satisfactory to City's Risk Manager, or
his/her designee, guaranteeing payment of losses and related investigations, claim
administration and defense expenses. At no time shall City be responsible for the payment of
any deductibles or self-insured retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30)
calendar days written notice in favor of City of policy cancellation, change or reduction of coverage,
except for the Workers'Compensation policy which shall provide ten (10) calendar days written
notice of such cancellation, change or reduction of coverage. ln the event any policies are due to
expire during the term of this Agreement, Tow Operator shall provide a new certificate and all
applicable endorsements evidencing renewal of such policy prior to the expiration date of the
expiring policy(ies) to the Chief of Police, or his/her designee, and the City's Risk Division. Upon
issuance by the insurer, broker, or agent of a notice of cancellation, change or reduction in
coverage, Tow Operator shall file with the Chief of Police, or his/her designee, and the City's Risk
Division, a new certificate and all applicable endorsements for such policy(ies).
The General Liability, Automobile Liability and Garagekeepers Legal Liability insurance policies
shall be written on an occurrence form and shall name City, its officers, officials, agents, employees
and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Tow
Operator's insurance shall be primary with respect to the City, its officers, officials, employees,
agents and authorized volunteers with no contribution required of City. Any Workers' Compensation
insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents,
c)
D)
3
employees and author¡zed volunteers. Tow Operator shall have furnished City with the certificate(s)
and applicable endorsements for ALL required insurance prior to City's execution of the Agreement
E) The fact that insurance is obtained by Tow Operator shall not be deemed to release or diminish the
liability of Tow Operator, including, without limitation, liability under the indemnity provisions of this
Agreement. City shall apply to all claims and liability regardless of whether any insurance policies
are applicable. ïhe policy limits do not act as a limitation upon the amount of indemnification to be
provided by Tow Operator. Approval or purchase of any insurance contracts or polrcies shall in no
way relieve from liability nor limit the liability of Tow Operator, its principals, officers, agents,
employees, persons under the supervision of Tow Operator, vendors, suppliers, invitees,
consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of
them.
F) Upon request of City, Tow Operator shall immediately furnish City with a complete copy of any
insurance policy required under this Agreement, including all endorsements, with said copy certified
by the underwriter to be a true and correct copy of the original policy. This requirement shall survive
expiration or termination of this Agreement.
G) lf at any time during the life of the Agreement or any extension, Tow Operator fails to maintain the
required insurance in full force and effect, all work under this Agreement shall be dìscontinued
immediately until notice is received by City that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory to City.
Any failure to maintain the required insurance shall be sufficient cause for City to terminate this
Agreement.
H) lf Tow Operator should subcontract all or any portion of the work to be performed, Tow Operator
shall require each subcontractor to provide insurance protection in favor of the City, its officer,
officials, employees, agents and authorized volunteers in accordance with the terms of each of the
preceding paragraphs, except that the subcontractors certificates and endorsements shall be on file
with the Tow Operator and City prior to the commencement of any work by the subcontractor.
14. Bills and Liens
Tow Operator shall pay promptly all indebtedness for labor, materials, and equipment used in performance of
the work. Tow Operator shall not permit any lien or charge to attach to the work or the premises, but if any does
so attach, Tow Operator shall promptly procure its release and indemnify, defend, and hold City harmless and
be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related
thereto.
15. Chanqe of Gontrol
Tow Operator agrees that if there is a change or transfer in ownership or control of the Tow Operator's business
prior to completion of this Agreement, unless such change or transfer is to "immediate family" as defined in
Fresno Municipal Code (FMC) section 3-101(e) and approved in writing by the Chief of Police, or his/her
designee, such change or transfer shall terminate this Agreement. This includes but is not limited to changes in.
Corporate Board Members, Managers, Directors, Treasurer, Trustees, or ownership interests. All changes or
transfers to "immediate family" must be approved by the Chief of Police, or hisiher designee, prior to such
change or transfer in order for the Tow Operator to remain on the tow services list Final written approval or
disapproval for the change or transfer in ownership or control will be given by the Chief of Police or his/her
designee. All "immediate family" members involved in the potential transfer and operation of the Tow Operator
shall be required to undergo a background check, review, and "Livescan" fingerprint screening. The "immediate
family" members involved in the change or transfer of ownership or control must also possess and keep current
all licensing certificates and insurance as required in this Agreement The "immediate family" members who will
operate or otherwise be legally responsible for the Tow Operator will be required to execute a new TSA.
A) Tow Operator owners shall be directly involved in the day{o-day operations of their
business and shall not be directly involved in the towing-related business of any other tow
company on, or applicant for, the Tow Rotation List. Co-mingling of operations, business,
offices, board members, and finances is strictly prohibited.
B) lf terminated or suspended, Tow Operator and/or its owner at the time of the suspension or
termination, shall not be eligible for a rotation listing for the duration of the suspension or
termination This section applies to the Tow Operator working in any capacity within any tow
4
business or operating any tow business and to the tow business even if operated under new
ownership.
C) Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow
Rotation List, excluding equipment which may be unavailable due to repairs or when there is a need
for equipment replacement and written approval is obtained from the Chief of Police or his/her
designee.
16. Force Maieure
Tow Operator shall not be in breach of this Agreement caused by any act of God, war, civil disorder,
employment strike or other cause beyond its reasonable control, provided Tow Operator gives written notice of
the cause of the delay to City within thirty-six (36) hours of the start of the delay and Tow Operator avails itself of
any available remedies.
17. Confidentialitv
Tow Operator agrees to maintain the confidentiality of all City and City-related records and information pursuant
to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term
of this Agreement. All such records and information shall be considered confidential and kept confidential by
Tow Operator and Tow Operator's staff, agents and employees.
18. Gompliance with Laws
Tow Operator represents and warrants that services to be provided under this Agreement shall fully comply, at
Tow Operator's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and
regulations, including, but not limited to those issued by City in its governmental capacity and all other laws
applicable to the services at the time services are provided to and accepted by City. Tow Operator
acknowledges that City is relying on Tow Operator to ensure such compliance (collectively Laws). Tow Operator
agrees that it shall defend, indemnify and hold City and City lndemnitees harmless from all liability, damages,
costs, and expenses arising from or related to a violation of Laws.
19. Pricinq
The Agreement price shall include full compensation for providing all required services in accordance with the
Scope of Work attached to this Agreement, and no additional compensation will be allowed therefore, unless
otherwise provided for in this Agreement. Tow Operator shall pay the City Franchise Fees as listed in
Attachment "8", or "City Administrative / Franchise Fees", in accordance with Paragraph 25 of Attachment "A"
20. Terms and Gonditions
Tow Operator acknowledges that the undersigned has read and agrees to all terms and conditions included in
this Agreement.
21. Severabilitv
lf any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired or invalidated thereby.
22. Calendar Davs
Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless
otherwise expressly provided.
23. Attornev Fees
lf either party is required to commence any proceeding or legal action to enforce any term, covenant or condition
of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other
party its reasonable Attorney's fees and legal expenses.
24. Interpretation
This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in
the matters dealt with in this Agreement. ln addition, each party has been represented by experienced and
knowledgeable independent legalcounselof their own choosing or has knowingly declined to seek such counsel
despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have
not been influenced to any extent whatsoever in executing this Agreement by any other party hereto or by any
person representing them, or both. Accordingly, any rule or law (including California Civil Code section 1654) or
legal decision that would require interpretation of any ambiguities in this Agreement against the party that has
5
drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable
manner to affect the purpose of the parties and this Agreement.
25. Authoritv
The parties to this Agreement represent and warrant that this Agreement has been duly authorized and
executed and constitute the legally binding obligation of their respective organization or entity, enforceable in
accordance with its terms.
26. Emplovee Eliqibilitv Verification
Tow Operator warrants that it fully complies with all Federal and State statutes and regulations regarding the
employment of aliens and others and that all its employees performing work under this Agreement meet the
citizenship or alien status requirement set forth in Federal statutes and regulations. Tow Operator shall obtain,
from all employees performing work hereunder, all verification and other documentation of employment eligibility
status required by Federal or State statutes and regulations including, but not limited to, the lmmigration Reform
and ControlAct of 1986, I U.S C. 51324 et seq., as they currently exist and as they may be hereafter amended.
Tow Operator shall retain all such documentation for all covered employees for the period prescribed by the law.
Tow Operator shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its
agents, officers, and employees from employer sanctions and any other liability which may be assessed against
Tow Operator or City or both in connection with any alleged violation of any Federal or State statutes or
regulations pertaining to the eligibility for employment of any persons performing work under this Agreement.
27. Additional Terms and Gonditions
A) Term of Agreement: This Agreement shall commence on December 28, 2014, and shall be
effective for three (3) years from that date, unless otherwise terminated by City.
B) Fiscal Appropriations: This Agreement is subject to and contingent upon applicable budgetary
appropriations being made by the City for each year during the term of this Agreement. lf such
appropriations are not forthcoming, the Agreement will be terminated without penalty Tow
Operator acknowledges that funding or portions of funding for this Agreement may also be
contingent upon the receipt of funds from, and/or appropriation of funds by City lf such funding
and/or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate
or modify this Agreement without penalty
C) Conflict of Interest (Tow Operator): Tow Operator shall exercise reasonable care and diligence to
prevent any actions or conditions that result in a conflict with the best interest of City. This
obligation shall apply to Tow Operator, Tow Operator's employees, agents, relatives, and third
parties associated with accomplishing the work hereunder. Tow Operator's efforts shall include, but
not be limited to, establishing precautions to prevent its employees or agents from making,
receiving, providing, or offering gifts, entertainment, payments, loans, or other considerations which
could be deemed to appear to influence individuals to act contrary to the best interest of City.
D) Tow Operator Work Hours and Safety Standards: Tow Operator shall ensure compliance with all
safety and hourly requirements for employees, in accordance with federal, state, and City safety
and health regulations and laws.
E) Orderly Termination: Upon termination or other expiration of this Agreement, each party shall
promptly return to the other party all papers, materials, and other properties of the other held by
each for purposes of execution of the Agreement. ln addition, each party will assist the other Party
in orderly termination of this Agreement and the transfer of all aspects, tangible and intangible, as
may be necessary for the orderly, non-disruptive business continuation of each party.
F) Reprocurement Costs: ln the case of default by Tow Operator, City may procure the service from
other sources and, if the cost is higher, Tow Operator will be held responsible to pay City the
difference between the Agreement cost and the price paid. City may make reasonable efforts to
obtain the prevailing market price at the time such services are rendered. This is in addition to any
other remedies available under law.
G) Authorization Warranty: Tow Operator represents and warrants that the person executing this
Agreement on behalf of and for Tow Operator is an authorized agent who has actual authority to
bind Tow Operator to each and every term, condition, and obligation of this Agreement and that all
requirements of Tow Operator have been fulfilled to provide such actual authority.
6
28.
H) Notices: Any and all notices permitted or required to be given hereunder shall be deemed duly
given (1) upon actual delivery, if delivery is by hand; or (2) upon delivery by the United States mail if
delivery is by postage paid registered or certified return receipt requested mail; or (3) through
electronic means such as, email or the Dispatch & Tracking Solutions Software System (DTS).
l) Data - Title to: All materials, documents, data or information obtained from City data files or any
City medium furnished to Tow Operator in the performance of this Agreement will at all times remain
the property of City. Such data or informatron may not be used or copied for direct or indirect use
by Tow Operator after completion or termination of this Agreement without the express written
consent of City, All materials, documents, data or information, including copies, must be returned to
City at the end of this Agreement.
J) Usage: No guarantee is given by City to Tow Operator regarding usage of this Agreement. Usage
figures, if provided, are approximate, based upon the last usage. Tow Operator agrees to supply
services and/or commodities requested, as needed by City, at prices listed in the Agreement,
regardless of quantity requested.
K) Tow Operator's Records: Tow Operator shall keep true and accurate accounts, records, books
and data which shall correctly reflect the business transacted by Tow Operator in accordance with
generally accepted accounting principles. These records shall be stored at the Tow Operators
principal place of business for a period of three (3) years after final payment is received by City.
L) Audits/lnspections: Tow Operator agrees to permit City's authorized representative (including
auditors from a private auditing firm hired by City) access during normal working hours to all books,
accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose
of auditing or inspecting any aspect of performance under this Agreement The inspection andior
audit will be confined to those matters connected with the performance of the Agreement including,
but not limited to, the costs of administering the Agreement. City reserves the right to audit and
verify Tow Operator's records before or after final payment is made.
Tow Operator agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of records retention is stipulated under this Agreement or
by law. Tow Operator agrees to allow interviews of any employees or others who might reasonably
have information related to such records. Further, Tow Operator agrees to include a similar right to
City to audit records and interview staff of any sub-Tow Operator related to performance of this
Agreement.
M) Should Tow Operator cease to exist as a legal entity, Tow Operator's records pertaining to this
Agreement shall be fon¡varded to the Chief of Police or hls/her designee.
Disputes-Aqreement
A) The Parties shall deal in good faith and attempt to resolve potentialdisputes informally.
1) Tow Operator shall submit to the Chief of Police, or his/her designee, a written demand for a
final decision regarding the disposition of any dispute between the parties arising under,
related to, or involving this Agreement, unless City, on its own initiative, has already rendered
such a final decision.
2) Tow Operator's written demand shall be fully supported by factual information, and, if such
demand involves a cost adjustment to the Agreement, Tow Operator shall include with the
demand a written statement signed by a senior official indicating that the demand is made in
good faith, that the supporting data are accurate and complete, and that the amount
requested accurately reflects the Agreement adjustment for which Tow Operator believes City
is liable.
B) Pending the final resolution of any dispute arising under, related to, or involving this Agreement,
Tow Operator agrees to diligently proceed with the performance of this Agreement. Tow Operator's
failure to diligently proceed shall be considered a material breach of this Agreement.
C) Any final decision of City shall be expressly identified as such, shall be in writing, and shall be
signed by the City Hearing Administrative Officer, or Chief of Police, or his/her designee, as
applicable lf City fails to render a decision within ninety (90) days after receipt of Tow Operator's
-7 -
demand, it shall be deemed a final decision adverse to Tow Operator's contentions City's final
decision shall be conclusive and binding regarding the dispute unless Tow Operator commences
action in a court of competent jurisdiction.
29. Breach of Aqreement
The failure of the Tow Operator to comply with any of the provisions, covenants or conditions of this Agreement
shall be a material breach of this Agreement. ln such event the City may, and in addition to any other remedies
available at law, in equity, or otherwise specified in this Agreement, undertake any of the individual actions or
any combination of the following actions:
1) Afford the Tow Operator written notice of the breach and ten calendar days or such
shorter time that may be specified in this Agreement within which to cure the
breach;
2) Suspend and/or remove Tow Operator from the rotation;
3) Terminate the Agreement immediately, without any penalty.
The Parties hereto have executed this Agreement.
TOW OPERATOR:
Title: 6 t rløf
TOW OPERATOR*:
*lf a corporation or limited liabilíty company, the document must be signed by two corporate officers. The first signature
must be either the Chairman of the Board, President, or any Vice President. The second signature must be the
secretary, an assistant secretary, the Chief Financial Officer, or any assistant treasurers. ln the alternative, a single
signature is acceptable when accompanied by a corporate document demonstrating the legal authority of the
signature to bind the company.
Date:
APPROVED AS TO FORM
DOUGLAS T. SLOAN
City Attorne
By Date:
ATTEST:
WONNE SPENCE, CMC
City Clerk
By:. Date: V
lJ ornfrh"' Flor"t
A munici
8
gJå8äË"ilJ¡^
1. Scope of Work
Tow Operator shall perform the towing, and storage of vehicles as directed by the City, and in addition, such
other services as provided in this Scope of Work, and shall provide necessary storage facility, tow vehicles,
labor, materials, equipment, machinery, and tools The Tow Operator shall comply with all State laws and
regulations, applicable to tow units and impound, towing, storage, selling or junking of vehicles. Tow operators
must follow all guidelines set forth by equipment manufactures recommendations as to their use and care of all
towing related equipment. All permits and licensing fees as specified under California Vehicle Code (CVC)
sections 34620 through 34624 shall be in full force and effect at all times during this Agreement Any violation of
this section will be considered a material breach of the Agreement and may result in immediate termination of
this Agreement.
2. Towinq Services and Duties
It shall be the duty of the Tow Operator, when so directed by the City, to provide prompt tow service for vehicles
which are taken into custody by the City. This includes vehicles involved in collisions or disabled by any other
cause, abandoned in public places or on private property Vehicles impounded for evidence, impeding the flow
of traffic, or which for any other reason, are within the jurisdiction of the FPD. As required by law, Tow
Operators are to remove from the street all debris resulting from said collisions and to clean the immediate area
of such street (CVC section 27700(a)(1)) lt shall also be the duty to provide for the safety and security of those
vehicles and the contents thereof. These duties are inherent to the job and are to be included in the price of the
basic tow bill.
The tow truck operator shall provide a business card to the registered owner or driver for the vehicle being
towed. The business card shall contain the name, address and phone number of the tow company as well as
the link to the vehicle search system in DTS as follows: www.findmytow.com
Tow truck operators and/or drivers will not be permitted to drive an impounded or recovered stolen vehicle or
vehicle intended for storage from a FPD rotation call or special operation. Any exceptions must be at the
direction of the FPD officer in charge of the scene and should be limited to repositioning the vehicle to allow for
towing.
The City has designated two (2) tow companies for evidence impound tows and no other rotation tow company
shall maintain custody over these vehicles at any time. lf an officer impounds a vehicle for evidence and a non-
preference rotational tow is dispatched, it is the responsibility of the tow driver to verify with the officer on scene
as to whether a vehicle is to be held for evidence. lf it is determined that the vehicle is to be held for evidence,
the tow driver must immediately notify the officer on scene that the company is not authorized to handle
evidence impounds and an evidence tow company shall be dispatched. Tow Operator shall then contact the
Tow Unit on the same business day, or within the next business day if such tow occurs after regular business
hours. Acceptance of an evidence tow by a non-designated evidence tow company will result in disciplinary
action and full fìnancial responsibility for all tow and storage fees for each violation.
lf terminated or suspended, Tow Operator and/or owner at the time of the suspension or termination, shall not
be eligible for a rotation listing for the duration of the suspension or termination This provision applies to the
Tow Operator working in any capacity within any tow business or operating any tow business and to the tow
business even if operated under new ownership.
Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow Rotation List,
excluding equipment which may be unavailable due to repairs or when there is a need for equipment
replacement and written notice has been obtained from FPD.
3. Special Operations
FPD conducts special operations coordinated through the Traffic Bureau throughout the year that requires tow
companies at the location of the special operation. Tow companies on the Tow Rotation List that are in good
standing wíth FPD may be invited to participate in these operations, provided they are willing to remain with the
special operation until its conclusion and forfeit any rotational tow calls (FPD, California Highway Patrol, or
other) received during the duration of the operation. "Good standing" shall mean that Tow Operator has not
violated, or is not in violation of the terms of this Agreement, the provisions of the FMC, State, or Federal law
All special operations tows will be subject to the provisions of this Agreement. Tow Operator shall respond to a
9
spec¡al operat¡on with a flatbed tow truck with the capability of towing (2) vehicles. No ride alongs will be allowed
on any special operations unless the ride along is the Tow Owner or a Tow Driver who is in training and has
been approved by FPD.
4. Siqnaqe and hours of Operation
The storage yard or business office shall have a sign that clearly identifies it to the public as a towing service.
The sign shall have letters that are clearly visible to the public from the street and must be visible at night. All
storage facilities must be accessible to City personnel twenty-four (24) hours per day and seven (7) days per
week. The Tow Operator will provide customer service twenty-four (24) hours per day and seven (7) days per
week for the release of vehicles.
Tow Operator shall provide at least one person at a call station to respond and release vehicles within thirty (30)
minutes. Tow Operator shall maintain all signage required pursuant to CVC sections 22850.3 and22651.07
and include an after-hours contact phone number for Tow Operator.
5. Response Time
Tow Operator shall respond to calls twenty-four (24) hours a day, seven (7) days a week, within the maximum
response time limits as established by the Chief of Police or his/her designee A reasonable response time is
thirty (30) minutes or less, except during peak hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p m.,
(Monday through Friday), when the required response time will be extended to forty-five (45) minutes or less.
ïow Operator shall respond with a tow truck of the class required to tow the vehicle specified by the DTS
System.
6. Non-Response
The Tow Operator shall update the DTS System at the time of dispatch to a tow rotation request lf the Tow
Operator is either unable to respond or unable to meet the maximum response time, the tow operator shall
immediately update the DTS System accordingly. lf, after accepting the call, the Tow Operator is unable to
respond or will be delayed in responding, the Tow Operator shall immediately update the DTS system
accordingly
To decline or refuse to respond will be considered a non-response. Each non-response will be immediately
documented in the DTS System. Each non-response will be logged by the DTS System and reviewed by the
City. lf the fault for the non-response is attributed to other than the Tow Operator, the Tow Operator will be
placed back in the rotational list and called at the next opportunity in line.
One such breach, determined to be the fault of the Tow Operator, will be grounds for written reprimand which
may be subsequent to a meeting between the Tow Operator and the City. A second breach may be grounds for
a (30) thirty-day suspension of this Agreement. A third violation will be considered a material breach of the
Agreement and may result in immediate termination of this Agreement.
ln the case of suspension or termination, all vehicles then in storage at the time of the suspension or termination
remain protected under this Agreement as City's impounds and the ïow Operator is so bound The City will
have the option to remove and/or transfer stored vehicles.
When a Tow Operator will be temporarily unavailable to provide services due to preplanned/scheduled activity,
such as a vacation, maintenance, medical leave, etc., the Tow Operator will notify City in writing via the DTS
system at least forty-eight (48) hours in advance. City reserves the right to deny these requests to maintain
adequate service levels for tow operations. Failure to notify the City will be considered a non-response and a
material breach of this agreement.
7. StoraqeResponsibilities
It shall be the duty of the Tow Operator to provide impound and other storage service for all vehicles as directed
by the City The Tow Operator shall be responsible for all vehicles, accessories and equipment thereon and all
personal property therein stored by Tow Operator. lt shall be the Tow Operators' duty to protect such stored
vehicles, accessories, equipment, and property against all loss or damage by fire, theft or other causes. The
Tow Operator will have available for review by City personnel, all permits and proof of compliance to all local
zoning, special use, conditional use and special requirements, laws and regulation. lt is the responsibility of the
Tow Operator to ensure vehicles are stored in a secured facility.
8. Size and Location of Storaqe Facilitv
The tow yard shall be located within the City of Fresno's "Metropolitan Area " Metropolitan area is defined as
within the borders of Copper Avenue to the north, American Avenue to the south, DeWolf Avenue to the east,
-10-
and Chateau Fresno to the west. Tow Operator shall be responsible for the security of vehicles and property at
the place of storage. At a minimum, a six (6) foot fence or enclosed secured area is required for outside
storage. A minimum of 5,000 square feet, or room for twenty (20) vehicles, shall be provided All tow yards
located with the City of Fresno shall be in compliance with the FMC, current Directors Class #208 and shall
follow the current Development and Resource Management Department's Policy and Procedure C-002. lf the
tow facility is located outside the City of Fresno, the tow operator is required to provide written proof that the
yard is in compliance with the authorizing jurisdiction. Tow Operator is responsible for the reasonable care,
custody, and control of any property contained in towed or stored vehicles. The storage facility and business
office will be located at the primary storage yard and shall be maintained in a functional, clean and orderly
fashion. ïhe facility shall have a telephone, on-site fax machine and the necessary computer equipment to
properly run DTS software and to send and receive email.
ln the event of criminal activity at a storage facility, the City may require the Tow Operator to take measures to
assist in preventing such crimes. These measures could include, but are not limited to: the yard being
illuminated during darkness, with security type lighting, to such a degree that visual observation of the entire
yard may be accomplished at all times, improved fencing and/or security patrols.
All vehicles stored or impounded as a result of a tow ordered by the City shall be towed directly to a towing
service storage lot unless the City, or in the case of a citizen's assist, a person legally in charge of the vehicle,
requests that it be taken to some other location.
All vehicles towed as a result of action taken by the City will be stored at the Tow Operator's principal place of
business unless directed otherwise by the City's Tow Coordinator. Vehicles stored at an auxiliary storage facility
will be considered a breach of this Agreement. The Tow Operator shall not remove personal property from a
stored vehicle lf the registered owner removes personal property from a stored vehicle, the Tow Operator will
maintain documentation of such and will require a signed receipt from the registered owner for property
released. The Tow Operator shall immediately notify the City if any contraband, weapons or hazardous
materials are found in the vehicle(s).
9. Enclosed Facilitv
The Tow Operator may maintain, without charge to the City or any other person, separate and enclosed garage
facilities no less than 1,000 square feet of clean working space. The facility must be constructed to include a
roof and at least four walls of substantial design to withstand the elements and protect the vehicles from the
weather The facility should have a concrete floor and sufficient lighting. This inside facility must be located at
the Tow Operator's primary storage yard. This inside facility is not required to qualify for the City's rotation,
however, when inside storage is requested for a particular vehicle, the next Tow Operator in line meeting the
needs of the City's request will be used.
10. DTS Requirements
Tow Operator shall utilize the most recent, updated and upgraded DTS software program, to dispatch and track,
via a web-based lnternet connection. Tow Operators will be required to enter the towed vehicle information as
instructed by the City. At no time will a vehicle be released, subject to lien, or junked from impound without all
required data fields being entered into the DTS system by the Tow Operator The Tow Operator shall clearly
identify and enter into DTS the name of the person to whom the vehicle was actually released All City tow
requests shall be made utilizing this program. Failure at any time to have the DTS program in full operation shall
cause the immediate removal of the Tow Operator from the tow rotation and be grounds for immediate
termination by City Tow Operator must enter into a separate agreement, or license for the DTS software
program with the owner of that proprietary software. The City shall not provide the DTS software program, any
licensing or sub-licensing thereof or any intermediary services for the procurement by Tow Operator of the DTS
software program. This Agreement shall not be executed by the City until Tow Operator has demonstrated to
the City's satisfaction compliance with the requirements set forth herein. Tow Operator shall be liable for all
fees, charges, prices, rates and service charges required from DTS. DTS shall be utilized in "real time" and all
entries should reflect as such. lnvoices shall be used from DTS when releasing vehicles and be pursuant to
section 22651 07 of the CVC. The only Tow Operator personnel authorized to utilize and access DTS are those
that have fully complied with the provisions set forth in Section 12, "Iow Operator Personnel" of this Agreement.
lf the Tow Operator is not in FULL compliance with the above stated requirement, the Tow Operator will be
removed from the City towing rotation. ln the event that DTS fails to provide software services, or the City elects
to utilize a new software provider, the Tow Operator will be required to use the replacement towing software
system. lf that occurs, all references to DTS in this Agreement shall instead be interpreted as references to the
new software program.
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'l',. Official Notification bv Citv Reqardinq Tow
Official notification by City regarding tow services is considered any form of written, email, verbal instructions or
notifications received from an authorized City employee or electronic notice from the DTS program. lf the Tow
Operator receives verbal instructions or notifications from a City employee the Tow Operator must respond to
City, by 5:00 p.m. (PST) on the next business day
12. Tow Operator Personnel
A.) Conduct
The Tow Operator shall perform the services required of it in an ethical, orderly manner, endeavoring to
obtain and keep the confidence of the public. At no time will the Tow Operator or its agent or any
employee of the Tow Operator exhibit any of the following behavior: rudeness, or otheruvise being
uncooperative, argumentative, threatening, incompetent or acting in a dangerous manner with any City
employee, or with any member of the public. The City reserves the right to cancel an individual tow
assignment, if in the opinion of the City, the Tow Operator is acting in a rude, uncooperative,
argumentative, threatening, incompetent or dangerous manner. The City also reserves the right to cancel
an individual tow assignment if in the opinion of the City the Tow Operator is likely to damage the vehicle
for which the tow service was called. Other examples of unacceptable behavior include but are not limitedto: profanity, abusive language, disconnecting telephone calls for public inquiries regarding a tow,
threatening, aggressive, or assertive language, failure to provide timely information or documents in
response to a public or City inquiry, lack of respect to any City personnel or member of the public,
destruction or damaging of evidence, failure to comply with the reasonable request of a member of the
public, failure to release vehicle in a timely manner, failure to make appointment for release of vehicle
during evening or weekend hours, failure to promptly be on site at time of appointment for release of
vehicle during evening or weekend hours, impeding an investigation or any other conduct which the City
deems unprofessional.
lf the Tow Operator is found to be in violation of this conduct clause, the City will cancel the Tow Operator
and request the next Tow Operator in rotation. Any such behavior as set forth above shall be considered
a material breach of this Agreement and may be grounds for immediate suspension or immediate
termination by the City, without penalty.
B.) PersonnelAppearance
Tow Operators shall be required to furnish their employees with a distinctive company uniform. Each
uniform shall have the firm's name, as well as the employee's name, in a conspicuous place. The tow
company's name and driver's first name shall be clearly visible at all times, meaning that protective or
inclement weather outer garments must meet this standard. Each employee shall have sufficient uniforms
so as to maintain a neat, clean appearance at all times. Minimum requirements for uniforms include a
shirt, long pants, and appropriate safety shoes. All drivers shall be in uniform before any towing or service
operation begins No wording, designs, photos gestures, or anything that could be considered offensive
or obscene to the general public shall be displayed by the Tow Operators or on any part of the uniform.
Dress standards are required in order to project a professional and positive image to the public.
All employees must be neat, clean and well groomed in appearance. ln order to ensure a professional
appearance, all tattoos must be concealed by operators while working. Personnel will be required to
conceal any tattoos with gloves, collars, long sleeves, or by other means acceptable to the City. Facial
tattoos of any variety are not permitted. No facial piercings shall be worn while on duty.
Drivers shall wear safety vests or reflectorized clothing that conforms to Occupational Safety and Health
Administration (OSHA) requirements. Alternatively, the OSHA safety requirements may be incorporated
into the uniform, jacket, or rain gear, as long as these items are worn as the outermost garment.
C.) UnlawfulActivity
The Tow Operator or it's employees shall not be involved, nor shall the Tow Operator or its employees
become involved in any agreement or activity whether verbal, written or conveyed in any other manner,
any activity or business venture which may be construed as unlawful. lf the City deems the involvement
to be unlawful, the City may immediately terminate this Agreement.
The Tow Operator shall not provide any direct or indirect commission, gift or any compensation to any
person or public or private entity, in consideration of arranging or requesting the services of a tow truck as
provided in section 12110 of the CVC.
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No Tow Operator will be involved or solicit any compensation of any kind including but not limited to
involvement with any other company or business that might result in income or consideration as a result of
any activity initiated by the City.
An example of such a prohibited involvement could include but is not limited to: financial reimbursement
by auto-body repair business for referrals, or towing directly from the scene of a collision to the auto-body
shop without prior unsolicited approval or request by the registered owner, driver or insurance company
representative of the damaged vehicle; kickback to or from a security company or homeowner's
association for "finding" or towing a vehicle from a location, whether private property, public, off street
parking facility or a public roadway. Violation of this provision shall be grounds for immediate termination
by City, without penalty.
D.) Personnel Licenses
Tow Operators providing services under this Agreement, including tow truck drivers, dispatchers and other
office personnel, will have sufficient knowledge, experience and capability to ensure safe and proper
discharge of their service responsibilities. lt will be the responsibility of the Tow Operator to ensure that all
of its personnel will be properly licensed in accordance with sections 12500, 12520, and 12804 g of the
CVC All tow truck drivers and tow truck operators shall be enrolled in the "Pull Notice" program as defined
in CVC sectionlB08.1 et seq.. Drivers must complete a CHP approved Tow Operator Course every five
(5) years and copies of completion of the course shall be sent to the City. All Tow Operators and
personnel shall have no criminal record which would preclude them from being placed in a position of trust
while in the service of a law enforcement agency or any crime listed below under the heading of "Criminal
Record."
E.) Fingerprints
All owners and employees who have not previously submitted their "LiveScan" fingerprint samples shall
submit their "LiveScan" fingerprint samples, at their own expense, through the City prior to being awarded
this Agreement, for the purposes of verifying their criminal history with the Department of Justice
Failure to provide information regarding the identity of the owner, employee, or anyone else with a
financial interest in the Tow Operator will result in termination of this Agreement. The Tow Operator will
provide the City with information regarding any change in employee status immediately and update DTS
to reflect such changes. Failure to comply may result in further disciplinary action, and will be considered
a breach of this Agreement
After execution of this Agreement, no person shall be employed by the Tow Operator or perform any
service under this Agreement until the background record check and "LiveScan" is completed and
approved by the City and said employee has received their identification badge from the City
Notwithstanding the foregoing, Tow Operators and owners that have towed for the City under the previous
Tow Service Agreement and have completed a new background and "LiveScan" check will be allowed to
continue to tow for the City until such time as the results of the background and "LiveScan" submissions
are reviewed and approved by the City.
Any employee of the Tow Operator that has left employment with said Tow Operator and returned and
been rehired must complete an additional background check before performing services pursuant to this
Agreement
F.) Criminal Record
A conviction of anyone with a financial interest in the Tow Operator, or any employee of the Tow Operator,
including but not limited to any of the following offenses, may be cause for denial of application or
termination of this Agreement:
. Any crimes listed in California Penal Code section 290o DUI-Within 5 years of the Date of Fingerprintingr Vehicle theft. Fraud. Stolen Property. Crimes of Violence. Any felony crime relating to narcotics or any controlled substance. Any other crimes enumerated in CVC section 2432.3
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. Actively on parole or on any form of probation
. Crime of moralturpitude
. Sex, Arson, Narcotics Registrant. Other felony conviction
The City is not required to provide any reason, rationale or factual information in the event it elects to deny
application or remove any of Tow Operator's personnel from providing seruices for the City under this
Agreement. Tow driver or employee applicants denied under this section may appeal to the Chief of
Police or his/her designee. All decisions by the Chief of Police, or his/her designee, are final.
ln the event the Tow Operator or employee is convicted or is under investigation, the Tow Operator may
be given the opportunity to replace that employee without prejudice to the Agreement. Nothing shall
prohibit the City from removing, suspending or terminating the Agreement. lt will be the responsibility of
the Tow Operator to provide the City with updated information regarding any illegal activity, arrest(s) or
conviction of any Tow Operator and/or employee. For the purpose of this section, any conviction or plea
of guilty or nolo contendre, even to any lesser-included offense, are considered convictions. Failure to
provide information regarding the identity of the employee, or anyone else with a financial interest in the
Tow Operator will result in termination of the Agreement. Failure to provide information to the City of any
information regarding the conviction of any of the above crimes may also result in termination of the
Agreement.
G.) ldentificationBadges
Each tow truck driver or employee of the Tow Operator shall wear, in plain view an identification badge,
authorized and issued by the City to that employee, while on any call for service where the City is
involved. lf a tow truck driver responds to a scene without his authorized name badge, the tow truck
driver wifl be dismissed from the scene and the next Tow Operator in rotation will be called Failure to
carry an identification badge will be considered a violation as stated in Section 31, "Disciplinary Action," of
this Agreement. The purpose of these badges will be to identify those employees of the Tow Operator
who have been fingerprinted by the City and have passed the record check by the Department of Justice.
All identification badges are the propedy of the City and wifl be returned by the Tow Operator to the City
within forty-eight (a8) hours of an employee's separation. Tow Operator will provide a current list of all
staff including drivers, dispatchers, etc. Anytime there are any changes to this list, the City is to be notified
by the next business day and provided with an updated and current list.
13. Tow Operator Licensinq and Gertification
All licensing and certifications required by Federal, State and local authorities shall be maintained current and
valid at all times as required in CVC sections: 34507.5,34600 et seq, 34620, and 12111, and sections 7231 et
seq, of the California Revenue and Taxation code. Failure to have any required license or certification, including
any driver who fails to have an appropriate class of license, may be grounds for immediate termination by City
without penalty.
14. Inspection
All real property and improvements thereon, and all vehicle facilities, equipment and materials used by the Tow
Operator in the performance of the services required herein shall be open to inspection by the City or its
authorized representative, and will be subject to no less than one annual inspection. Additional inspections may
be conducted without notice during normal business hours. lnspections may include, but are not limited to, all
books, accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose of auditing
or inspecting any aspect of performance directly related to this Agreement. ln the event that the City determines
that the real property and improvements thereon are insufficient, derelict or fail to meet the requirements as
called out in this Agreement, this Agreement may be terminated by City immediately, without penalty
15. Vehicle and Equipment Requirements
Tow vehicles will be maintained in compliance with sections 24605, 25253, 25300, 27700 and 27907 of the
CVC. Tow vehicles will be of at least 14,000 lbs. GVWR with dual rear wheels, with the ability to tow two (2)
vehicles, or a vehicle and/or a trailer. Tow vehicles must have two-way communication capabilities and the
ability to communicate and connect with the DTS System at all times. The Tow Operator shall have equipment
capable of towing from off-road areas, towing from underground facilities, and recovery services with an
adjustable boom with at least five tons of lifting capacity. ln addition to the conventional wheel lift towing
capabilities, the Tow Operator shall maintain at least one or more flatbed or rollback trucks with a minimum of
fifty (50) feet of cable, and the required safety equipment. Unless otheruvise specified by the City, all Tow
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Operators shall respond to a tow service request with a flatbed or rollback truck as specified above. At the
discretion of the tow operator, a wrecker may be used to respond to a tow service request. lf for any reason the
Tow Operator is unable to complete the tow service request with the wrecker, the Tow Operator will not be
placed back on the top of the rotation list and a new Tow Operator will receive the tow service request.
A 3-axle or 25{on truck is not required equipment However, Tow Operators that possess this equipment will be
placed on a heavy-duty tow rotation list.
All trucks must have the required emergency lighting, portable stop and tail lamps, a broom, shovel, fire
extinguisher (rating 4-8, C), a utility light, reflective triangles, a large pry-bar, covered trash cans with approved
absorbent, rags, unlocking equipment, dollies (boom trucks), chains, and/or tie downs.
Wheel lift trucks will maintain at least 100 feet of cable and all safety equipment as required by the
manufacturer.
Tow vehicles must have a cable winch of sufficient size and capacity to retrieve vehicles that have gone off
traveled portions of roadways into inundated areas or other inaccessible locations. Winches must have visible
lD tags designating the model, make, serial number, and rated capacity.
All tow trucks used in City tows will be subject to a yearly inspection. This does not preclude the City from
conducting random inspections throughout the year.
16. Vehicleldentification
Tow vehicles shall display identification signs in compliance with section 27907 of the CVC. The Tow Operator
shall not display any sign or advertising material that indicates that his tow vehicles are an official police service
of the City
17. Charoes and Fees to be collected from Reqistered Owners
All rates and charges shall be conspicuously posted in the office and in alltow vehicles. These rates shall quote
complete charges and fees with no additional fees to be added at a later date. These rates will be available for
review by City personnel and/or the person for whom tow service is provided All fees collected shall be itemized
and invoiced in DTS in accordance to section 22651.07 of the CVC. lt will be the Tow Operator's responsibility
to collect his bill for service, and the City will not be responsible in any way for these charges. Storage fees will
be calculated on the calendar day except the first 24-hours which is counted as a single day in accordance with
California Civil Code (CCC) 3068.1 (see Attachment B). All fees listed on the DTS invoice will be received in the
form of major credit card, debit card, or cash. All fees collected, both City and Tow Operator fees, must be
invoiced through the DTS system prior to release and at the time of payment. No credit card fees will be
charged pursuant to CVC section 22651.1 and CCC section 1748.1 for any portion of the fees The City
reserves the right to change all payment methods during the term of this agreement
18. Lien Fees
At no time shall the City be charged a lien fee on a towed or impounded vehicle. No lien shall be attached to
any vehicle that has been impounded by the City until after seventy-two (72) hours from the time of storage as
listed in the DTS system have passed pursuantto section 22851.12 of the CVC. All lien transactions must be
entered into the DTS system by Tow Operator. Vehicles sold at lien sale shall abide by all laws relating to lien
sales. A vehicle held in impound by the City for thirty (30) days, shall not be sold at lien until such time as rs
considered reasonable to allow the registered owner time to pay for and pick up the vehicle before it is sold at
lien, but under no circumstances before the thirty-fifth (35'") day after storage.
The Tow Operator shall abide by alf applicable statutes and ordinances concerning disposal of unclaimed
vehicles, including but not necessarily limited to CVC sections 22670,22851',22851.1:22851.2,22851.3,
22851 .4: 22851.6:22851.8; 22851.10, 22851.12 and 22852 5.
As described in CVC section 22856, liability for despoliation of evidence shall not arise against the Tow
Operator that sells any vehicle at, or disposes of any vehicle after, a lien sale, as long as the Tow Operator can
show written proof that he was notified in writing by the City that the vehicle would not be needed as evidence in
a legal action. This proof may exist in the form of an official release in the DTS System or any other written
conveyance signed by a member of the City prior to the official, written release of the vehicle.
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19. Reasonableness and Validitv of Fees
Fees charged to the registered owner or any other person for response to calls originating from the City shall be
reasonable and not in excess of those rates charged for similar services provided in response to requests
initiated by any other public agency or private person. During the term of this agreement, the City shall conduct
an annual review each December of towing and storage fees of comparable cities and adjust rates set forth in
Attachment B by the first week of January of the following year.
20. Towinq Operation
All tows performed under this Agreement will be included in the flat rate charge as described in Attachment B.
No additional charges shall be charged without prior approval from the City and written notice is provided in the
DTS System. Any unapproved charges received outside the DTS System will result in immediate termination of
this Agreement and removal from the rotation list.
The Tow Operator shall base towing charges upon the class of vehicle being towed regardless of the class of
the truck used, except when vehicle recovery operations require a larger class truck. The Tow Operator may
refer to the tow truck classes and weight ratings as defined by the Towing & Recovery Association of America
(TRAA) vehicle identification guide.
21. Service Call Rotation and Fees
The City shall establish a separate rotation list for Tow Operators willing to respond to service requests (out of
gas, lockouts, tire changes, etc.) Rates for a service requests shall not exceed one-half the flat rate charge for a
light duty truck response.
22. Gate Fees
No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding State
recognized holidays as listed below:
New Year's Day
Martin Luther King Day
Presidents'Day
Cesar Chavez Day
Memorial Day
lndependence Day
Labor Day
Veterans'Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
An after hours gate fee may be charged at all other times The gate fee is not to exceed fifty percent (50%) of
the flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal
property recovery that occurs outside normal business hours (excluding lien fees, storage fees, taxes, or other
additional fees ) The Tow Operator is responsible for assuring that proper gate fees are charged in accordance
with this section. Over charging gate fees will be considered a major violation as outlined in Section 30
All towing and storage fees charged by the Tow Operator are the responsibility of the vehicle's owner and are
not the responsibility of the City The exception would be evidentiary impounds made at the direction of City
personnel.
23. Cancelled Tow
The City shall not be liable to pay the Tow Operator or anyone else any charge or other fee for a call that does
not result in a chargeable seryice being rendered by Tow Operator ("Dry Run"). The cancelled Tow Operator
shall be placed back on the top of the rotation list and will receive the next tow in rotation.
24. Towed in Error
ln the event the City determines that an error has occurred in impounding a vehicle, it shall be immediately
released to the registered owner without charge and the Tow Operator will be placed back on the top of the
rotation list and will receíve the next tow in rotation. ln addition, the Tow Operator will be given one extra tows
on the rotation list. Additional extra tows may be given at the discretion of the Tow Unit.
25. Release Fees
California law authorizes the recovery of funds required to enforce certain provisions of the CVC and promote
traffic safety on public roadways. This authorization falls under CVC section 22850.5 and further authorized by
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City resolutions. These resolutions are open to public view at the City and/or City offices and are on file with the
City's Traffic Bureau. The Tow Operator will collect fees on the behalf of the City from the registered owner,
legal owner or agent of an impounded car.
A City administrative / franchise fee will be charged for the release of a vehicle that has been impounded by the
City. Fees will be established by an independent consulting firm to determine the City's costs associated with
impounding vehicles in accordance with CVC sections 22850.5 and 12110(b). All vehicles impounded will be
charged an administrative / franchise fee for the release of the vehicle. This fee will be established and attached
to each vehicle in the DTS System. The City's administrative fees will be collected at the time of the release by
the Tow Operator. The Tow Operator will pay the City's franchise fees equivalent to the City's administrative
fees for every vehicle that is not picked up by the owner or agent. The Tow Operator will pay the City's
administrative / franchise fees for every.City vehicle that was towed during the preceding month and will pay the
City no later than 12,100 p.m. on the 15"'of the following month, regardless of the disposition of the vehicþ. ln
the event that the 15"' of the month falls on one of the State recognized holidays listed in Section 22 above, or a
weekend, the City's administrative/franchise fee must be paid by 12:00 p.m. on the following business day. Tow
Operators who failto submit the City's administrative / franchise fees to the City by the 1sth day of each month
will be immediately suspended from rotation until all fees are received, and will be subject to appropriate
disciplinary action and civil recourse. The City will keep a strict accounting of these fees through the DTS
System and frequent audits will take place to ensure accurate and timely payment of coilected City
administrative / franchise fees. The fee will be listed as an item on the owner's / agent's DTS contractor invoice.
26. UnauthorizedRelease
Unauthorized release of an impounded vehicle, accidental or otherwise, having evidentiary value, not officially
released by the City, and determined to be the fault of the Tow Operator, will result in the issuance of a majoi
violation as set forth in this Agreement The determination of such fault will be the responsibility of the City.
27. Release of Multi-Dav lmpounds
A vehicle impounded with a multiple day hold may only be released prior to the impound period with written
authorization by the City in the DTS System. The DTS System will automatically schedule the release of an
impounded vehicle.
28. Release of Vehicles
Vehicles may only be released through the DTS System. Once the DTS System authorizes the release of a
stored or impounded vehicle, it is the Tow Operator's responsibility for the vehicle's release The Tow Operatoris hereby granted authority to release to the registered owner, legal owner, or authorized representative,
pursuant to section 22850 3 of the CVC At the time of release, the Tow Operator shall have the registered
owner, legal owner, or authorized representative taking possession of the vehicle sign a release indicating that
they are properly licensed and insured to drive a motor vehicle.
29. Disciplinarv Action
The Chief of Police, or his/her designee, shall take disciplinary action against Tow Operators for violations
investigated and sustained. Unless otherwise noted, the Chief of Police, or his/her designee, will determine the
period of suspension and shall retain discretion regarding the length of any suspension imposed pursuant to the
terms and conditions of this Agreement. The City shall retain record of violations for at least the term of this
Agreement.
30. Maior violations
Major violations include any chargeable offense under Federal, State, Local Law and significant violations of this
Agreement. Such violations shall result in suspension or immediate termination of this Agreement. The Chief of
Police, or his/her designee, reserves the right to impose longer periods of suspensions or immediate
termination, if deemed appropriate in his/her sole discretion. The Chief of Police, or his/her designee, reserves
the right to remove a Tow Operator from the tow rotation during the investigation of a major violation. A
reinstatement from suspension for a major violation will result in a five hundred dollar (9500.00) fee. Suspension
will not be lifted until the reinstatement fee is received by the Chief of Police or his/her designee. ln addition, a
major violation may also result in the Tow Operator's employee being removed from participation in this
Agreement. Examples of major violations include, but are not limited to:
. Physical assault, against public and/or law enforcement. Verbal abuse against public and/or law enforcemento Resisting arrest. Tow Truck Driver under the influence of alcohol or illegal drugs
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. Charging rates that exceed those listed in Attachment B
o Vehicle released without authorization. Unauthorized access to storage yard
. Theft
¡ Mishandling of vehicles stored as evidence. Unauthorized driver responding to call. Failure to provide information or change of status on any Tow Operator employee or staff. Substantiated private party impound complaints. Any Felony/Misdemeanor arrest. Refusal to take a rotational tow. Failure to utilize the DTS System for all City towing related matters
. Repeated late or nonpayment of City franchise fees. Failure to properly secure storage yard
¡ Failure to obey a lawful order by law enforcement
31. Minor violations
Minor violations will be given to the Tow Operator in the form of a documented warning for the first violation. The
second violation will be in the form of a documented reprimanded and a one hundred dollar ($100.00) fine.
Repeated minor violations during the term of the Agreement may be treated as a major violation, and the Tow
Operator will be suspended or terminated from this Agreement. A reinstatement from suspension will result in a
five hundred dollar ($500.00) fee. Suspensron will not be lifted until the reinstatement fee is received by the
Chief of Police or his/her designee. Examples of minor violations include, but are not limited to:
. Late payment of City franchise fees. Tow truck drivers not wearing City issued l.D. cards/ proper uniform. Unauthorized arrival time in excess of thirty (30) minutes, or forty-five (45) minutes during peak hours. Repeated rejection of dispatched calls. Other violations of this Agreement not considered a major violation by the Chief of Police or his/her
designee. Unauthorizedride-a-long. Failure to respond to customers' needs
. Failure to maintain proper equipment. Failure to clean up at a collision scene. Vehicle code infractions
32. Hearinq/Appeal
Tow Operator must have a legal existing interest in the tow operation or entitlement subject to the City order,
citation, decision or determination to have standing to appeal a decision by the Chief of Police or his/her
designee An appeal that fails to identify the appellant's standing may be rejected as defective
ln the event FPD serves Tow Operator with disciplinary action amounting to anything less than a suspension
resulting from a minor violation, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow Unit.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension for thirty (30) days or
less resulting from a minor or major violation, the Tow Operator may request a hearing within fifteen (15)
calendar days by submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow
Unit. Upon receipt of a written request for an appeal, and at the discretion of the Chief of Police, or his/her
designee, the Tow Operator may be allowed to continue rotational tows until the final disposition of the appellate
hearing.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension in excess of thirty (30)
days, or termination of the TSA, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Administrative Hearing Officer by way of the City Manager's Office. The
written appeal shall be in compliance with FMC sections 1-407 and 9-1712 Notwithstanding any provision
within Chapter 1, Article4 of the FMC, any person who appeals a suspension in excess of thirty (30) days, ora
termination of the TSA shall not be entitled to placement on the Tow Rotation List or to participate in tows until
such time as any appeal hearing has been concluded and the Administrative Hearing Officer finds that no
grounds for a suspension in excess of thirty (30) days, or a termination of the TSA has been established. Tow
Operator's remedy shall be limited to reinstatement on the tow rotation list in such case and no other
compensation or consideration will be allowed.
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ATTACHMENT B
TOW FEES
Flat price per vehicle per call:
Light Duty Tow/Flatbed $ 184.00/Each
Medium Duty Tow $ Average CHP Rates Apply
Heavy Duty Tow $ Average CHP Rates Apply
Water Recovery: $ Average CHP Rates Apply
Technoloov Fee:
DTS Software Fee per Vehicle Towed $ Charge listed in DTS Contract and DTS System
Storaqe Rates.
Passenger cars $ 45.00/per day
Motorcycles $ 45.00/per daY
Trucks or Trailers $ Average CHP Rates Apply
lnside Storaqe Rates:
Passenger cars $ 55 00/per day
Motorcycles $ 55.00/per day
Trucks or Trailers $ Average CHP Rates Apply
Gate Fee: No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding
State recognized holidays as listed in the Agreement.
An after hours gate fee may be charged at all other times. The gate fee shall not exceed fifty percent (50%) of the
flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal property
recovery that occur outside normal business hours (excluding lien fees, storage fees, taxes, or other additional
fees).
Non-tow service calls (out of gas, lockouts, and flat tires) shall not exceed one-half the flat rate charge for a light
duty truck response.
City of Fresno Administrative / Franchise Fees:
Vehicle Collision Blocking a Roadway $ 60.00
lllegally Parked / Abandoned Vehicle $116.00
Unlicensed Driver / Expired Registration $189.00
Arrested / Suspended Driver $266.00
DUI Driver $450.00
Att fees tisted on the DTS invoice witl be received in the form of major credit card, debit card or cash. No
credit card fee will be charged pursuant to CVC section 22651.1 and CCC secfion 1748.1. :
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CITY OF FRESNO
NON.EXCLUSIVE FRANCHISE TOW AGREEMENT
FOR FRESNO POLICE DEPARTMENT
This Non-exclusive Franchise Tow Agreement (TSA) is entered into effect on the 28th day of December 2014 set
forth below, at Fresno, California, between the City of Fresno, a municipal corporation (City) and RR-M Reyna
Towing, a California Corporation (the Tow Operator).
This Agreement, including all attachments, contains rules and regulations that a tow company agrees to comply
with in order to participate in the tow operations of the City of Fresno Police Department (FPD). Participation in
the FPD Rotation Tow Program (Tow Program) is voluntary. Compliance with all of the terms and conditions of
the Agreement is mandatory for tow companies participating in the Tow Program. A Tow Operator, by agreeing
to participate in the Tow Program, is not acting as an agent for FPD or City when performing services under this
Agreement.
1. Governing Law and Venue
This Agreement shall be governed by, and construed enforced in accordance with, the laws of the State of
California excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue
for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any
rights and duties hereunder shall be the County of Fresno, California.
2. Entire Aqreement
This Agreement, its attachments and exhibits, when accepted by the Tow Operator either in writing or
commencement of performance hereunder, contains the entire Agreement between the parties with respect to
the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth
herein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by
City in writing.
3. Amendments
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the
parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties;
and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in
writing.
4. Assionment or Sub Contractinq
The terms, covenants, and conditions contained herein shall apply to the parties. Furthermore, neither the
performance of this Agreement nor any portion thereof may be assigned or subcontracted by Tow Operator
without the express written consent of City. Any attempt by Tow Operator to assign or subcontract the
performance or any portion of this Agreement without the express written consent of City shall be invalid and
shall constitute a breach of this Agreement.
5. PatenUGopvriqht Materials/Proprietarv lnfrinqement
Unless otheruvise expressly provided in this Agreement, Tow Operator shall be solely responsible for obtaining a
license or other authorization to use any patented or copyrighted materials in the performance of this
Agreement. Tow Operator warrants that any Software as modified through services provided hereunder will not
infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Tow Operator
agrees that, in accordance with the more specific requirement below, it shall indemnify, defend and hold City
and City lndemnitees harmless from any and all such claims and be responsible for payment of all costs,
damages, penalties and expenses related to or arising from such claim(s), including, but not limited to,
attorney's fees, costs and expenses.
6. Non-Discrimination
ln the performance of this Agreement, Tow Operator agrees that it will comply with the requirements of section
1735 of the California Labor Code and not engage nor permit any Tow Operators to engage in discrimination in
employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, marital status, or sex of such persons. Tow Operator acknowledges that a
violation of this provision shall subject Tow Operator to all the penalties imposed for a violation of anti-
discrimination law or regulation, including but not limited to, section 1720 el seq. of the California Labor Code.
1
7. Termination
ln addition to any other remedies or rights it may have by law, City has the right to terminate this Agreement
without penalty immediately with cause and either party may terminate after thirty (30) days written notice
without cause, unless otherwise specified. Cause shall be defined as any breach of this Agreement or any
misrepresentation or fraud on the part of the Tow Operator Exercise by City of its right to terminate the
Agreement shall relieve City of all further obligation.
8. Consent to Breach Not Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or
consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any
party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver
of, or excuse for any other different or subsequent breach.
9. Remedies Not Exclusive
The remedies for breach set forth in this Agreement are cumulative as to one another and as to any other
provided by law, rather than exclusive; and the expression of certain remedies in this Agreement does not
preclude resort by either party to any other remedies provided by law.
10. lndependent Tow Operator
Tow Operator shall be considered an independent Tow Operator and neither Tow Operator, its employees nor
anyone working under Tow Operator shall be considered an agent or an employee of City. Neither Tow
Operator, its employees nor anyone working under Tow Operator, shall qualify for workers' compensation or
other fringe benefits of any kind through City.
11. Performance
Tow Operator shall perform all work under this Agreement, taking necessary steps and precautions to perform
the work to City's satisfaction. Tow Operator shall be responsible for the professional quality, technical
assurance, timely completion, and coordination of all documentation and other goods/services furnished by Tow
Operator under this Agreement. Tow Operator shall: perform all work diligently, carefully, and in a good and
workman-like manner; furnish all labor, supervision, machinery, equipment, materials, and supplies necessary
therefore; at its sole expense obtain and maintain all permits and licenses required by public authorities,
including those of City required in its governmental capacity, in connection with performance of the work; and, if
permitted to subcontract, be fully responsible for all work performed by sub-Tow Operators.
12. lndemnification
A) Tow Operator shall indemnify, hold harmless and defend City and each of its officers, officials,
employees, agents and authorized volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to
personal injury, death at any time and property damage) incurred by City, Tow Operator, or any
other person, and from any and all claims, demands and actions in law or equity (including
attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of
performance of this Agreement. Tow Operator's obligations under the preceding sentence shall
apply regardless of whether City or any of its officers, officials, employees, agents or authorized
volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or
damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any
of its officers, officials, employees, agents or authorized volunteers.
B) lf Tow Operator should subcontract all or any portion of the work to be performed under this
Agreement, Tow Operator shall require each subcontractor to indemnify, hold harmless and defend
City and each of its officers, officials, employees, agents and authorized volunteers in accordance
with the terms of the preceding paragraph.
C) This section shall survive termination or expiration of this Agreement
13. lnsurance
A) Throughout the life of this Agreement, Tow Operator shall pay for and maintain in full force and
effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted
by the California lnsurance Commissioner to do business in the State of California and rated not
less than 'A-Vll' in Best's lnsurance Rating Guide, or (ii) authorized by City's Risk Manager. The
following policies of insurance are required:
2
5)
B)
1) COMMERCIAL GENERAL LIABILITY insurance which shall be on the most current version of
lnsurance Services Office (lSO) Commercial General Liability Coverage Form CG 00 01 and
include insurance for "bodily injury," "property damage" and "personal and advertising injury"
with coverage for premises and operations, products and completed operations, and
contractual liability (including, without limitation, indemnity obligations under the Agreement)
with limits of liability of not less than $1,000,000 per occurrence for bodily injury and property
damage, $1,000,000 per occurrence for personal and advertising injury and $2,000,000
aggregate for products and completed operations and $2,000,000 general aggregate.
2) GARAGEKEEPERS LEGAL LIABILITY insurance which shall include coverage for vehicles in
the care, custody, and control of the Tow Operator with limits of liability of not less than
$120,000 per occurrence for property damage.
3) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be on the most current
version of lnsurance Service Office (lSO) Business Auto Coverage Form CA 00 01, and
include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles
(Code 1- Any Auto) with limits of not less than $1,000,000 per accident for bodily injury and
property damage.
4) ON-HOOI(/CARGO insurance which shall include coverage for vehicles in tow with limits of
liability based on the size of the tow truck, which are as follows:
a) Class A/B tow truck... $120,000b) Class C tow truck... ...$200,000
c) Class D tow truck... ...$300,000
WORKERS' COMPENSATION insurance as required under the California Labor Code and
EMPLOYERS'LIABILITY insurance with minimum limits of $1,000,000 each accident, $1,000,000
disease policy limit and $1,000,000 disease each employee.
Tow Operator shall be responsible for payment of any deductibles contained in any insurance
policies required hereunder and Tow Operator shall also be responsible for payment of any self-
insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate
of lnsurance and approved by the City's Risk Manager or his/her designee. At the option of the
City's Risk Manager, or his/her designee, either:
1) The insurer shall reduce or eliminate such deductibles or self-insured retention as
respects City, its officers, officials, employees, agents and volunteers; or
2) Tow Operation shall provide a financial guarantee, satisfactory to City's Risk Manager, or
his/her designee, guaranteeing payment of losses and related investigations, claim
administration and defense expenses. At no time shall City be responsible for the payment of
any deductibles or self-insured retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30)
calendar days written notice in favor of City of policy cancellation, change or reduction of coverage,
except for the Workers'Compensation policy which shall provide ten (10) calendar days written
notice of such cancellation, change or reduction of coverage. ln the event any policies are due to
expire during the term of this Agreement, Tow Operator shall provide a new certificate and all
applicable endorsements evidencing renewal of such policy prior to the expiration date of the
expiring policy(ies) to the Chief of Police, or his/her designee, and the City's Risk Division Upon
issuance by the insurer, broker, or agent of a notice of cancellation, change or reduction in
coverage, Tow Operator shall file with the Chief of Police, or his/her designee, and the City's Risk
Division, a new certificate and all applicable endorsements for such policy(ies)
The General Liability, Automobile Liability and Garagekeepers Legal Liability insurance policies
shall be written on an occurrence form and shall name City, its officers, officials, agents, employees
and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Tow
Operator's insurance shall be primary with respect to the City, its officers, officials, employees,
agents and authorized volunteers with no contribution required of City. Any Workers' Compensation
insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents,
c)
D)
3
employees and authorized volunteers. Tow Operator shall have furnished City with the certificate(s)
and applicable endorsements for ALL required insurance prior to City's execution of the Agreement.
E) The fact that insurance is obtained by Tow Operator shall not be deemed to release or diminish the
liability of Tow Operator, including, without limitation, liability under the indemnity provisions of this
Agreement. City shall apply to all claims and liability regardless of whether any insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by Tow Operator. Approval or purchase of any insurance contracts or policies shall in no
way relieve from liability nor limit the liability of Tow Operator, its principals, officers, agents,
employees, persons under the supervision of Tow Operator, vendors, suppliers, invitees,
consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of
them.
F) Upon request of City, Tow Operator shall immediately furnish City with a complete copy of any
insurance policy required under this Agreement, including all endorsements, with said copy certified
by the undenruriter to be a true and correct copy of the original policy. This requirement shall survive
expiration or termination of this Agreement.
G) lf at any time during the life of the Agreement or any extension, Tow Operator fails to maintain the
required insurance in full force and effect, all work under this Agreement shall be discontinued
immediately until notice is received by City that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory to City.
Any failure to maintain the required insurance shall be sufficient cause for City to terminate this
Agreement.
H) lf Tow Operator should subcontract all or any portion of the work to be performed, Tow Operator
shall require each subcontractor to provide insurance protection in favor of the City, its officer,
officials, employees, agents and authorized volunteers in accordance with the terms of each of the
preceding paragraphs, except that the subcontractors certificates and endorsements shall be on fìle
with the Tow Operator and City prior to the commencement of any work by the subcontractor.
14. Bills and Liens
Tow Operator shall pay promptly all indebtedness for labor, materials, and equipment used in performance of
the work. Tow Operator shall not permit any lien or charge to attach to the work or the premises, but if any does
so attach, Tow Operator shall promptly procure its release and indemnify, defend, and hold City harmless and
be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related
thereto.
15. Chanqe of Control
Tow Operator agrees that if there is a change or transfer in ownership or control of the Tow Operator's business
prior to completion of this Agreement, unless such change or transfer is to "immediate family" as defined in
Fresno Municipal Code (FMC) section 3-101(e) and approved in writing by the Chief of Police, or his/her
designee, such change or transfer shall terminate this Agreement. This includes but is not limited to changes in:
Corporate Board Members, Managers, Directors, Treasurer, Trustees, or ownership interests All changes or
transfers to "immediate family" must be approved by the Chief of Police, or his/her designee, prior to such
change or transfer in order for the Tow Operator to remain on the tow services list. Final written approval or
disapproval for the change or transfer in ownership or control will be given by the Chief of Police or his/her
designee. All "immediate family" members involved in the potential transfer and operation of the Tow Operator
shall be required to undergo a background check, review, and "Livescan" fingerprint screening. The "immediate
family" members involved in the change or transfer of ownership or control must also possess and keep current
all licensing certificates and insurance as required in this Agreement. The "immediate family" members who will
operate or othenivise be legally responsible for the Tow Operator will be required to execute a new TSA.
A) Tow Operator owners shall be directly involved in the day{o-day operations of their
business and shall not be directly involved in the towing-related business of any other tow
company on, or applicant for, the Tow Rotation List. Co-mingling of operations, business,
offices, board members, and finances is strictly prohibited.
B) lf terminated or suspended, Tow Operator and/or its owner at the time of the suspension or
termination, shall not be eligible for a rotation listing for the duration of the suspension or
termination. This section applies to the Tow Operator working in any capacity within any tow
4
business or operating any tow business and to the tow business even if operated under new
ownership.
C) Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow
Rotation List, excluding equipment which may be unavailable due to repairs or when there is a need
for equipment replacement and written approval is obtained from the Chief of Police or his/her
designee.
16. Force Maieure
Tow Operator shall not be in breach of this Agreement caused by any act of God, war, civil disorder,
employment strike or other cause beyond its reasonable control, provided Tow Operator gives written notice of
the cause of the delay to City within thirty-six (36) hours of the start of the delay and Tow Operator avails itself of
any available remedies.
17. Gonfidentialitv
Tow Operator agrees to maintain the confidentiality of all City and City-related records and information pursuant
to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term
of this Agreement. All such records and information shall be considered confidential and kept confidential by
Tow Operator and Tow Operator's staff, agents and employees.
18. Compliance with Laws
Tow Operator represents and warrants that services to be provided under this Agreement shall fully comply, at
Tow Operator's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and
regulations, including, but not limited to those issued by City in its governmental capacity and all other laws
applicable to the services at the time services are provided to and accepted by City. Tow Operator
acknowledges that City is relying on Tow Operator to ensure such compliance (collectively Laws). Tow Operator
agrees that it shall defend, indemnify and hold City and City lndemnitees harmless from all liability, damages,
costs, and expenses arising from or related to a violation of Laws.
19. Pricinq
The Agreement price shall include full compensation for providing all required services in accordance with the
Scope of Work attached to this Agreement, and no additional compensation will be allowed therefore, unless
othenvise provided for in this Agreement. Tow Operator shall pay the City Franchise Fees as listed in
Attachment "8", or "City Administrative / Franchise Fees", in accordance with Paragraph 25 of Attachment "4".
20. Terms and Conditions
Tow Operator acknowledges that the undersigned has read and agrees to all terms and conditions included in
this Agreement.
21. Severabilitv
lf any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired or invalidated thereby.
22. Calendar Davs
Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless
othenruise expressly provided.
23. Attornev Fees
lf either party is required to commence any proceeding or legal action to enforce any term, covenant or condition
of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other
party its reasonable Attorney's fees and legal expenses.
24. lnterpretation
This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in
the matters dealt with in this Agreement. ln addition, each party has been represented by experienced and
knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel
despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have
not been influenced to any extent whatsoever in executing this Agreement by any other party hereto or by any
person representing them, or both. Accordingly, any rule or law (including California Civil Code section 1654) or
legal decision that would require interpretation of any ambiguities in this Agreement against the party that has
5
drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable
manner to affect the purpose of the parties and this Agreement.
25. Authoritv
The parties to this Agreement represent and warrant that this Agreement has been duly authorized and
executed and constitute the legally binding obligation of their respective organization or entity, enforceable in
accordance with its terms.
26. Emplovee Eliqibilitv Verification
Tow Operator warrants that it fully complies with all Federal and State statutes and regulations regarding the
employment of aliens and others and that all its employees performing work under this Agreement meet the
citizenship or alien status requirement set forth in Federal statutes and regulations. Tow Operator shall obtain,
from all employees performing work hereunder, all verification and other documentation of employment eligibility
status required by Federal or State statutes and regulations including, but not limited to, the lmmigration Reform
and ControlAct of 1986, I U.S C. 51324 et seq., as they currently exist and as they may be hereafter amended
Tow Operator shall retain all such documentation for all covered employees for the period prescribed by the law.
Tow Operator shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its
agents, officers, and employees from employer sanctions and any other liability which may be assessed against
Tow Operator or City or both in connection with any alleged violation of any Federal or State statutes or
regulations pertaining to the eligibility for employment of any persons performing work under this Agreement.
27. Additional Terms and Gonditions
A) Term of Agreement: This Agreement shall commence on December 28, 2014, and shall be
effective for three (3) years from that date, unless othenryise terminated by City
B) Fiscal Appropriations: This Agreement is subject to and contingent upon applicable budgetary
appropriations being made by the City for each year during the term of this Agreement. lf such
appropriations are not forthcoming, the Agreement will be terminated without penalty. Tow
Operator acknowledges that funding or portions of funding for this Agreement may also be
contingent upon the receipt of funds from, and/or appropriation of funds by City. lf such funding
and/or appropriations are not forthcoming, or are othenruise limited, City may immediately terminate
or modify this Agreement without penalty.
C) Conflict of lnterest (Tow Operator): Tow Operator shall exercise reasonable care and diligence to
prevent any actions or conditions that result in a conflict with the best interest of City. This
obligation shall apply to Tow Operator, Tow Operator's employees, agents, relatives, and third
parties associated with accomplishing the work hereunder. Tow Operator's efforts shall include, but
not be limited to, establishing precautions to prevent its employees or agents from making,
receiving, providing, or offering gifts, entertainment, payments, loans, or other considerations which
could be deemed to appear to influence individuals to act contrary to the best interest of City.
D) Tow Operator Work Hours and Safety Standards. Tow Operator shall ensure compliance with all
safety and hourly requirements for employees, in accordance with federal, state, and City safety
and health regulations and laws.
E) Orderly Termination: Upon termination or other expiration of this Agreement, each party shall
promptly return to the other party all papers, materials, and other properties of the other held by
each for purposes of execution of the Agreement. ln addition, each party will assist the other Party
in orderly termination of this Agreement and the transfer of all aspects, tangible and intangible, as
may be necessary for the orderly, non-disruptive business continuation of each party.
F) Reprocurement Gosts: ln the case of default by Tow Operator, City may procure the service from
other sources and, if the cost is higher, Tow Operator will be held responsible to pay City the
difference between the Agreement cost and the price paid. City may make reasonable efforts to
obtain the prevailing market price at the time such services are rendered. This is in addition to any
other remedies available under law.
Authorization Warranty: Tow Operator represents and warrants that the person executing this
Agreement on behalf of and for Tow Operator is an authorized agent who has actual authority to
bind Tow Operator to each and every term, condition, and obligation of this Agreement and that all
requirements of Tow Operator have been fulfilled to provide such actual authority
G)
b
28.
H) Notices: Any and all notices permitted or required to be given hereunder shall be deemed duly
given (1)upon actualdelivery, if delivery is by hand; or (2) upon delivery by the United States mail if
delivery is by postage paid registered or certified return receipt requested mail; or (3) through
electronic means such as, email or the Dispatch & Tracking Solutions Software System (DTS).
l) Data - Title to: All materials, documents, data or information obtained from City data files or any
City medium furnished to Tow Operator in the performance of this Agreement will at all times remain
the property of City. Such data or information may not be used or copied for direct or indirect use
by Tow Operator after completion or termination of this Agreement without the express written
consent of City. All materials, documents, data or information, including copies, must be returned to
City at the end of this Agreement.
J) Usage: No guarantee is given by City to Tow Operator regarding usage of this Agreement. Usage
figures, if provided, are approximate, based upon the last usage. Tow Operator agrees to supply
services and/or commodities requested, as needed by City, at prices listed in the Agreement,
regardless of quantity requested.
K) Tow Operator's Records: Tow Operator shall keep true and accurate accounts, records, books
and data which shall correctly reflect the business transacted by Tow Operator in accordance with
generally accepted accounting principles. These records shall be stored at the Tow Operators
principal place of business for a period of three (3) years after final payment is received by City.
L) Audits/lnspections: Tow Operator agrees to permit City's authorized representative (including
auditors from a private auditing firm hired by City) access during normal working hours to all books,
accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose
of auditing or inspecting any aspect of performance under this Agreement. The inspection and/or
audit will be confined to those matters connected with the performance of the Agreement including,
but not limited to, the costs of administering the Agreement. City reserves the right to audit and
verify Tow Operator's records before or after final payment is made.
Tow Operator agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of records retention is stipulated under this Agreement or
by law. Tow Operator agrees to allow interviews of any employees or others who might reasonably
have information related to such records. Further, Tow Operator agrees to include a similar right to
City to audit records and interview staff of any sub-Tow Operator related to peformance of this
Agreement.
M) Should Tow Operator cease to exist as a legal entity, Tow Operator's records pertaining to this
Agreement shall be forwarded to the Chief of Police or his/her designee
Disputes-Agreement
A) The Parties shall deal in good faith and attempt to resolve potential disputes informally.
1) Tow Operator shall submit to the Chief of Police, or his/her designee, a written demand for a
final decision regarding the disposition of any dispute between the parties arising under,
related to, or involving this Agreement, unless City, on its own initiative, has already rendered
such a final decision.
2) Tow Operator's written demand shall be fully supported by factual information, and, if such
demand involves a cost adjustment to the Agreement, Tow Operator shall include with the
demand a written statement signed by a senior official indicating that the demand is made in
good faith, that the supporting data are accurate and complete, and that the amount
requested accurately reflects the Agreement adjustment for which Tow Operator believes City
is liable.
B) Pending the final resolution of any dispute arising under, related to, or involving this Agreement,
Tow Operator agrees to diligently proceed with the performance of this Agreement. Tow Operator's
failure to diligently proceed shall be considered a material breach of this Agreement.
C) Any final decision of City shall be expressly identified as such, shall be in writing, and shall be
signed by the City Hearing Administrative Officer, or Chief of Police, or his/her designee, as
applicable. lf City fails to render a decision within ninety (90) days after receipt of Tow Operator's
-7 -
demand, it shall be deemed a final decision adverse to Tow Operator's contentions. City's final
decision shall be conclusive and binding regarding the dispute unless Tow Operator commences
action in a court of competent jurisdiction.
29. Breach of Aqreement
The failure of the Tow Operator to comply with any of the provisions, covenants or conditions of this Agreement
shall be a material breach of this Agreement. ln such event the City may, and in addition to any other remedies
available at law, in equity, or othenruise specified in this Agreement, undertake any of the individual actions or
any combination of the following actions:
1) Afford the Tow Operator written notice of the breach and ten calendar days or such
shorter time that may be specified in this Agreement within which to cure the
breach;
2) Suspend and/or remove Tow Operator from the rotation;
3) Terminate the Agreement immediately, without any penalty.
The Parties hereto have executed this Agreement.
r¡fle: Þf€ sìol¿ar
*lf a corporation or limited liability company, the document must be signed by two corporate officers. The first signature
must be either the Chairman of the Board, President, or any Vice President. The second signature must be the
secretary, an assistant secretary, the Chief Financial Officer, or any assistant treasurers. ln the alternative, a single
signature is acceptable when accompanied by a corporate document demonstrating the legal authority of the
signature to bind the company.
Date:
APPROVED AS TO FORM
DOUGLAS T. SLOAN
City Attor
By Date:
CITY OF FRESNO,
8
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1. Scope of Work
Tow Operator shall perform the towing, and storage of vehicles as directed by the City, and in addition, such
other services as provided in this Scope of Work, and shall provide necessary storage facility, tow vehicles,
labor, materials, equipment, machinery, and tools. The Tow Operator shall comply with all State laws and
regulations, applicable to tow units and impound, towing, storage, selling or junking of vehicles Tow operators
must follow all guidelines set forth by equipment manufactures recommendations as to their use and care of all
towing related equipment. All permits and licensing fees as specified under California Vehicle Code (CVC)
sections 34620 through 34624 shall be in full force and effect at alltimes during this Agreement. Any violation of
this section will be considered a material breach of the Agreement and may result in immediate termination of
this Agreement.
2. Towinq Services and Duties
It shall be the duty of the Tow Operator, when so directed by the City, to provide prompt tow service for vehicles
which are taken into custody by the City. This includes vehicles involved in collisions or disabled by any other
cause, abandoned in public places or on private property. Vehicles impounded for evidence, impeding the flow
of traffic, or which for any other reason, are within the jurisdiction of the FPD. As required by law, Tow
Operators are to remove from the street all debris resulting from said collisions and to clean the immediate area
of such street (CVC section 27700(a)(1)). lt shall also be the duty to provide for the safety and security of those
vehicles and the contents thereof. These duties are inherent to the job and are to be included in the price of the
basic tow bill.
The tow truck operator shall provide a business card to the registered owner or driver for the vehicle being
towed. The business card shall contain the name, address and phone number of the tow company as well as
the link to the vehicle search system in DTS as follows: www.findmytow.com
Tow truck operators and/or drivers will not be permitted to drive an impounded or recovered stolen vehicle or
vehicle intended for storage from a FPD rotation call or special operation. Any exceptions must be at the
direction of the FPD officer in charge of the scene and should be limited to repositioning the vehicle to allow for
towing.
The City has designated two (2) tow companies for evidence impound tows and no other rotation tow company
shall maintain custody over these vehicles at any time. lf an officer impounds a vehicle for evidence and a non-
preference rotational tow is dispatched, it is the responsibility of the tow driver to verify with the officer on scene
as to whether a vehicle is to be held for evidence. lf it is determined that the vehicle is to be held for evidence,
the tow driver must immediately notify the officer on scene that the company is not authorized to handle
evidence impounds and an evidence tow company shall be dispatched Tow Operator shall then contact the
Tow Unit on the same business day, or within the next business day if such tow occurs after regular business
hours. Acceptance of an evidence tow by a non-designated evidence tow company will result in disciplinary
action and full financial responsibility for all tow and storage fees for each violation.
lf terminated or suspended, Tow Operator and/or owner at the time of the suspension or termination, shall not
be eligible for a rotation listing for the duration of the suspension or termination. This provision applies to the
Tow Operator working in any capacity within any tow business or operating any tow business and to the tow
business even if operated under new ownership.
Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow Rotation List,
excluding equipment which may be unavailable due to repairs or when there is a need for equipment
replacement and written notice has been obtained from FPD.
3. Special Operations
FPD conducts special operations coordinated through the Traffic Bureau throughout the year that requires tow
companies at the location of the special operation. Tow companies on the Tow Rotation List that are in good
standing with FPD may be invited to participate in these operations, provided they are willing to remain with the
special operation until its conclusion and forfeit any rotational tow calls (FPD, California Highway Patrol, or
other) received during the duration of the operation. "Good standing" shall mean that Tow Operator has not
violated, or is not in violation of the terms of this Agreement, the provisions of the FMC, State, or Federal law.
All special operations tows will be subject to the provisions of this Agreement. Tow Operator shall respond to a
o
special operat¡on with a flatbed tow truck with the capability of towing (2) vehicles. No ride alongs will be allowed
on any special operations unless the ride along is the Tow Owner or a Tow Driver who is in training and has
been approved by FPD.
4. Siqnaqe and hours of Operation
The storage yard or business office shall have a sign that clearly identifies it to the public as a towing service.
The sign shall have letters that are clearly visible to the public from the street and must be visible at night. All
storage facilities must be accessible to City personnel twenty-four (24) hours per day and seven (7) days per
week. The Tow Operator will provide customer service twenty-four (24) hours per day and seven (7) days per
week for the release of vehicles.
Tow Operator shall provide at least one person at a call station to respond and release vehicles within thirty (30)
minutes. Tow Operator shall maintain all signage required pursuant to CVC sections 22850.3 and 22651.07
and include an after-hours contact phone number for Tow Operator.
5. Resoonse Time
Tow Operator shall respond to calls twenty-four (24) hours aday, seven (7) days a week, within the maximum
response time limits as established by the Chief of Police or his/her designee. A reasonable response time is
thirty (30) minutes or less, except during peak hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m to 6:00 p.m.,
(Monday through Friday), when the required response time will be extended to forty-five (45) minutes or less.
Tow Operator shall respond with a tow truck of the class required to tow the vehicle specified by the DTS
System.
6. Non-Response
The Tow Operator shall update the DTS System at the time of dispatch to a tow rotation request. lf the Tow
Operator is either unable to respond or unable to meet the maximum response time, the tow operator shall
immediately update the DTS System accordingly. lf, after accepting the call, the Tow Operator is unable to
respond or will be delayed in responding, the Tow Operator shall immediately update the DTS system
accordingly.
To decline or refuse to respond will be considered a non-response. Each non-response will be immediately
documented in the DTS System. Each non-response will be logged by the DTS System and reviewed by the
City. lf the fault for the non-response is attributed to other than the Tow Operator, the Tow Operator will be
placed back in the rotational list and called at the next opportunity in line.
One such breach, determined to be the fault of the Tow Operator, will be grounds for written reprimand which
may be subsequent to a meeting between the Tow Operator and the City. A second breach may be grounds for
a (30) thirty-day suspension of this Agreement. A third violation will be considered a material breach of the
Agreement and may result in immediate termination of this Agreement.
ln the case of suspension or termination, all vehicles then in storage at the time of the suspension or termination
remain protected under this Agreement as City's impounds and the Tow Operator is so bound. The City will
have the option to remove and/or transfer stored vehicles.
When a Tow Operator will be temporarily unavailable to provide services due to preplanned/scheduled activity,
such as a vacation, maintenance, medical leave, etc., the Tow Operator will notify City in writing via the DTS
system at least forty-eight (48) hours in advance. City reserves the right to deny these requests to maintain
adequate service levels for tow operations. Failure to notify the City will be considered a non-response and a
material breach of this agreement.
7. StoraqeResponsibilities
It shall be the duty of the Tow Operator to provide impound and other storage service for all vehicles as directed
by the City. The Tow Operator shall be responsible for all vehicles, accessories and equipment thereon and all
personal property therein stored by Tow Operator. lt shall be the Tow Operators' duty to protect such stored
vehicles, accessories, equipment, and property against all loss or damage by fire, theft or other causes. The
Tow Operator will have available for review by City personnel, all permits and proof of compliance to all local
zoning, special use, conditional use and special requirements, laws and regulation lt is the responsibility of the
Tow Operator to ensure vehicles are stored in a secured facility.
8. Size and Location of Storaqe Facilitv
The tow yard shall be located within the City of Fresno's "Metropolitan Area." Metropolitan area is defined as
within the borders of Copper Avenue to the north, American Avenue to the south, DeWolf Avenue to the east,
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and Chateau Fresno to the west. Tow Operator shall be responsible for the security of vehicles and property at
the place of storage. At a minimum, a six (6) foot fence or enclosed secured area is required for outside
storage. A minimum of 5,000 square feet, or room for twenty (20) vehicles, shall be provided. All tow yards
located with the City of Fresno shall be in compliance with the FMC, current Directors Class #208 and shall
follow the current Development and Resource Management Department's Policy and Procedure C-002. lf the
tow facility is located outside the City of Fresno, the tow operator is required to provide written proof that the
yard is in compliance with the authorizing jurisdiction. Tow Operator is responsible for the reasonable care,
custody, and control of any property contained in towed or stored vehicles. The storage facility and business
office will be located at the primary storage yard and shall be maintained in a functional, clean and orderly
fashion. The facility shall have a telephone, on-site fax machine and the necessary computer equipment to
properly run DTS software and to send and receive email.
ln the event of criminal activity at a storage facility, the City may require the Tow Operator to take measures to
assist in preventing such crimes. These measures could include, but are not limited to: the yard being
illuminated during darkness, with security type lighting, to such a degree that visual observation of the entire
yard may be accomplished at all times, improved fencing and/or security patrols.
All vehicles stored or impounded as a result of a tow ordered by the City shall be towed directly to a towing
service storage lot unless the City, or in the case of a citizen's assist, a person legally in charge of the vehicle,
requests that it be taken to some other location.
All vehicles towed as a result of action taken by the City will be stored at the Tow Operator's principal place of
business unless directed otheruvise by the City's Tow Coordinator. Vehicles stored at an auxiliary storage facility
will be considered a breach of this Agreement. The Tow Operator shall not remove personal property from a
stored vehicle lf the registered owner removes personal property from a stored vehicle, the Tow Operator will
maintain documentation of such and will require a signed receipt from the registered owner for property
released. The Tow Operator shall immediately notify the City if any contraband, weapons or hazardous
materials are found in the vehicle(s).
9. Enclosed Facilitv
The Tow Operator may maintain, without charge to the City or any other person, separate and enclosed garage
facilities no less than 1,000 square feet of clean working space. The facility must be constructed to include a
roof and at least four walls of substantial design to withstand the elements and protect the vehicles from the
weather. The facility should have a concrete floor and sufficient lighting. This inside facility must be located at
the Tow Operator's primary storage yard. This inside facility is not required to qualify for the City's rotation,
however, when inside storage is requested for a particular vehicle, the next Tow Operator in line meeting the
needs of the City's request will be used.
10. DTS Requirements
Tow Operator shall utilize the most recent, updated and upgraded DTS software program, to dispatch and track,
via a web-based lnternet connection Tow Operators will be required to enter the towed vehicle information as
instructed by the City. At no time will a vehicle be released, subject to lien, or junked from impound without all
required data fields being entered into the DTS system by the Tow Operator. The Tow Operator shall cteady
identify and enter into DTS the name of the person to whom the vehicle was actually released. All City tow
requests shall be made utilizing this program. Failure at any time to have the DTS program in full operation shall
cause the immediate removal of the Tow Operator from the tow rotation and be grounds for immediate
termination by City. Tow Operator must enter into a separate agreement, or license for the DTS software
program with the owner of that proprietary software. The City shall not provide the DTS software program, any
licensing or sub-licensing thereof or any intermediary services for the procurement by Tow Operator of the DTS
software program. This Agreement shall not be executed by the City until Tow Operator has demonstrated to
the City's satisfaction compliance with the requirements set forth herein. Tow Operator shall be liable for all
fees, charges, prices, rates and service charges required from DTS. DTS shall be utilized in "real time" and all
entries should reflect as such. lnvoices shall be used from DTS when releasing vehicles and be pursuant to
section 22651.07 of the CVC. The only Tow Operator personnel authorized to utilize and access DTS are those
that have fully complied with the provisions set forth in Section 12, "Tow Operator Personnel" of this Agreement.
lf the Tow Operator is not in FULL compliance with the above stated requirement, the Tow Operator will be
removed from the City towing rotation. ln the event that DTS fails to provide software services, or the City elects
to utilize a new software provider, the Tow Operator will be required to use the replacement towing software
system. lf that occurs, all references to DTS in this Agreement shall instead be interpreted as references to the
new software program.
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11. Official Notification bv Citv Reqardinq Tow
Official notification by City regarding tow services is considered any form of written, email, verbal instructions or
notifications received from an authorized City employee or electronic notice from the DTS program. lf the Tow
Operator receives verbal instructions or notifications from a City employee the Tow Operator must respond to
City, by 5:00 p.m. (PST) on the next business day.
12. Tow Operator Personnel
A.) Conduct
The Tow Operator shall perform the services required of it in an ethical, orderly manner, endeavoring to
obtain and keep the confidence of the public. At no time will the Tow Operator or its agent or any
employee of the Tow Operator exhibit any of the following behavior: rudeness, or othenruise being
uncooperative, argumentative, threatening, incompetent or acting in a dangerous manner with any City
employee, or with any member of the public. The City reserves the right to cancel an individual tow
assignment, if in the opinion of the City, the Tow Operator is acting in a rude, uncooperative,
argumentative, threatening, incompetent or dangerous manner. The City also reserves the right to cancel
an individual tow assignment if in the opinion of the City the Tow Operator is likely to damage the vehicle
for which the tow service was called. Other examples of unacceptable behavior include but are not limited
to: profanity, abusive language, disconnecting telephone calls for public inquiries regarding a tow,
threatening, aggressive, or assertive language, failure to provide timely information or documents in
response to a public or City inquiry, lack of respect to any City personnel or member of the public,
destruction or damaging of evidence, failure to comply with the reasonable request of a member of the
public, failure to release vehicle in a timely manner, failure to make appointment for release of vehicle
during evening or weekend hours, failure to promptly be on site at time of appointment for release of
vehicle during evening or weekend hours, impeding an investigation or any other conduct which the City
deems unprofessional.
lf the Tow Operator is found to be in violation of this conduct clause, the City will cancel the Tow Operator
and request the next Tow Operator in rotation. Any such behavior as set forth above shall be considered
a material breach of this Agreement and may be grounds for immediate suspension or immediate
termination by the City, without penalty.
B.) PersonnelAppearance
Tow Operators shall be required to furnish their employees with a distinctive company uniform. Each
uniform shall have the firm's name, as well as the employee's name, in a conspicuous place. The tow
company's name and driver's first name shall be clearly visible at all times, meaning that protective or
inclement weather outer garments must meet this standard. Each employee shall have sufficient uniforms
so as to maintain a neat, clean appearance at all times. Minimum requirements for uniforms include a
shirt, long pants, and appropriate safety shoes All drivers shall be in uniform before any towing or service
operation begins. No wording, designs, photos, gestures, or anything that could be considered offensive
or obscene to the general public shall be displayed by the Tow Operators or on any part of the uniform.
Dress standards are required in order to project a professional and positive image to the public.
All employees must be neat, clean and well groomed in appearance. ln order to ensure a professional
appearance, all tattoos must be concealed by operators while working. Personnel will be required to
conceal any tattoos with gloves, collars, long sleeves, or by other means acceptable to the City. Facial
tattoos of any variety are not permitted. No facial piercings shall be worn while on duty
Drivers shall wear safety vests or reflectorized clothing that conforms to Occupational Safety and Health
Administration (OSHA) requirements. Alternatively, the OSHA safety requirements may be incorporated
into the uniform, jacket, or rain gear, as long as these items are worn as the outermost garment
C.) UnlawfulActivity
The Tow Operator or it's employees shall not be involved, nor shall the Tow Operator or its employees
become involved in any agreement or activity whether verbal, written or conveyed in any other manner,
any activity or business venture which may be construed as unlawful. lf the City deems the involvement
to be unlawful, the City may immediately terminate this Agreement.
The Tow Operator shall not provide any direct or indirect commission, gift or any compensation to any
person or public or private entity, in consideration of arranging or requesting the services of a tow truck as
provided in section 12110 of the CVC.
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No Tow Operator will be involved or solicit any compensation of any kind including but not limited to
involvement with any other company or business that might result in income or consideration as a result of
any activity initiated by the City.
An example of such a prohibited involvement could include but is not limited to: financial reimbursement
by auto-body repair business for referrals, or towing directly from the scene of a collision to the auto-body
shop without prior unsolicited approval or request by the registered owner, driver or insurance company
representative of the damaged vehicle; kickback to or from a security company or homeowner's
association for "finding" or towing a vehicle from a location, whether private property, public, off street
parking facility or a public roadway. Violation of this provision shall be grounds for immediate termination
by City, without penalty.
D.) Personnel Licenses
Tow Operators providing services under this Agreement, including tow truck drivers, dispatchers and other
office personnel, will have sufficient knowledge, experience and capability to ensure safe and proper
discharge of their service responsibilities. lt will be the responsibility of the Tow Operator to ensure that all
of its personnel will be properly licensed in accordance with sections 12500, 12520, and 12804.9 of the
CVC. All tow truck drivers and tow truck operators shall be enrolled in the "Pull Notice" program as defined
in CVC section1808.1 et seq.. Drivers must complete a CHP approved Tow Operator Course every five
(5) years and copies of completion of the course shall be sent to the City. All Tow Operators and
personnel shall have no criminal record which would preclude them from being placed in a position of trust
while in the service of a law enforcement agency or any crime listed below under the heading of "Criminal
Record."
E.) Fingerprints
All owners and employees who have not previously submitted their "LiveScan" fingerprint samples shall
submit their "LiveScan" fingerprint samples, at their own expense, through the City prior to being awarded
this Agreement, for the purposes of verifying their criminal history with the Department of Justice.
Failure to provide information regarding the identity of the owner, employee, or anyone else with a
financial interest in the Tow Operator will result in termination of this Agreement. The Tow Operator will
provide the City with information regarding any change in employee status immediately and update DTS
to reflect such changes. Failure to comply may result in further disciplinary action, and will be considered
a breach of this Agreement.
After execution of this Agreement, no person shall be employed by the Tow Operator or perform any
service under this Agreement until the background record check and "LiveScan" is completed and
approved by the City and said employee has received their identification badge from the City
Notwithstanding the foregoing, Tow Operators and owners that have towed for the City under the previous
Tow Service Agreement and have completed a new background and "LiveScan" check will be allowed to
continue to tow for the City until such time as the results of the background and "LiveScan" submissions
are reviewed and approved by the City
Any employee of the Tow Operator that has left employment with said Tow Operator and returned and
been rehired must complete an additional background check before performing services pursuant to this
Agreement
F.) Crimrnal Record
A conviction of anyone with a financial interest in the Tow Operator, or any employee of the Tow Operator,
including but not limited to any of the following offenses, may be cause for denial of application or
termination of this Agreement:
. Any crimes listed in California Penal Code section 290
o DU|-Within 5 years of the Date of Fingerprinting. Vehicle theft. Fraud. Stolen Property
. Crimes of Vlolence. Any felony crime relating to narcotics or any controlled substance. Any other crimes enumerated in CVC section 2432.3
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. Actively on parole or on any form of probation
. Crime of moral turpitude. Sex, Arson, Narcotics Registrant. Other felony conviction
The City is not required to provide any reason, rationale or factual information in the event it elects to deny
application or remove any of Tow Operator's personnel from providing services for the City under this
Agreement. Tow driver or employee applicants denied under this section may appeal to the Chief of
Police or his/her designee. All decisions by the Chief of Police, or his/her designee, are final.
ln the event the Tow Operator or employee is convicted or is under investigation, the Tow Operator may
be given the opportunity to replace that employee without prejudice to the Agreement. Nothing shall
prohibit the City from removing, suspending or terminating the Agreement. lt will be the responsibility of
the Tow Operator to provide the City with updated information regarding any illegal activity, arrest(s) or
conviction of any Tow Operator and/or employee. For the purpose of this section, any conviction or plea
of guilty or nolo contendre, even to any lesser-included offense, are considered convictions. Failure to
provide information regarding the identity of the employee, or anyone else with a financial interest in the
Tow Operator will result in termination of the Agreement. Failure to provide information to the City of any
information regarding the conviction of any of the above crimes may also result in termination of the
Agreement.
G.) ldentificationBadges
Each tow truck driver or employee of the Tow Operator shall wear, in plain view an identification badge,
authorized and issued by the City to that employee, while on any call for service where the City is
involved. lf a tow truck driver responds to a scene without his authorized name badge, the tow truck
driver will be dismissed from the scene and the next Tow Operator in rotation will be called. Failure to
carry an identification badge will be considered a violation as stated in Section 31, "Disciplinary Action," of
this Agreement. The purpose of these badges will be to identify those employees of the Tow Operator
who have been fingerprinted by the City and have passed the record check by the Department of Justice.
All identification badges are the property of the City and will be returned by the Tow Operator to the City
within forty-eight (48) hours of an employee's separation. Tow Operator will provide a current list of all
staff including drivers, dispatchers, etc. Anytime there are any changes to this list, the City is to be notified
by the next business day and provided with an updated and current list.
13. Tow Operator Licensinq and Gertification
All licensing and certifications required by Federal, State and local authorities shall be maintained current and
valid at all times as required in CVC sections: 34507.5, 34600 et seq, 34620, and 121'11, and sections 7231 et
seq, of the California Revenue and Taxation code. Failure to have any required ltcense or certification, including
any driver who fails to have an appropriate class of license, may be grounds for immediate termination by City
without penalty.
14. lnspection
All real property and improvements thereon, and all vehicle facilities, equipment and materials used by the Tow
Operator in the performance of the services required herein shall be open to inspection by the City or its
authorized representative, and will be subject to no less than one annual inspection. Additional inspections may
be conducted without notice during normal business hours. lnspections may include, but are not limited to, all
books, accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose of auditing
or inspecting any aspect of performance directly related to this Agreement. ln the event that the City determines
that the real property and improvements thereon are insufficient, derelict or fail to meet the requirements as
called out in this Agreement, this Agreement may be terminated by City immediately, without penalty.
15. Vehicle and Equipment Requirements
Tow vehicles will be maintained in compliance with sections 24605, 25253, 25300, 27700 and 27907 of the
CVC. Tow vehicles will be of at least 14,000 lbs. GVWR with dual rear wheels, with the ability to tow two (2)
vehicles, or a vehicle and/or a trailer. Tow vehicles must have two-way communication capabilities and the
ability to communicate and connect with the DTS System at all times. The Tow Operator shall have equipment
capable of towing from off-road areas, towing from underground facilities, and recovery services with an
adjustable boom with at least five tons of lifting capacity. ln addition to the conventional wheel lift towing
capabilities, the Tow Operator shall maintain at least one or more flatbed or rollback trucks with a minimum of
fifty (50) feet of cable, and the required safety equipment. Unless otherwise specified by the City, all Tow
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Operators shall respond to a tow service request with a flatbed or rollback truck as specified above. At the
discretion of the tow operator, a wrecker may be used to respond to a tow service request. lf for any reason the
Tow Operator is unable to complete the tow service request with the wrecker, the Tow Operator will not be
placed back on the top of the rotation list and a new Tow Operator will receive the tow service request.
A 3-axle or 25-ton truck is not required equipment. However, Tow Operators that possess this equipment will be
placed on a heavy-duty tow rotation list.
All trucks must have the required emergency lighting, poftable stop and tail lamps, a broom, shovel, fire
extinguisher (rating 4-8, C), a utility light, reflective triangles, a large pry-bar, covered trash cans with approved
absorbent, rags, unlocking equipment, dollies (boom trucks), chains, and/or tie downs.
Wheel lift trucks will maintain at least 100 feet of cable and all safety equipment as required by the
manufacturer.
Tow vehrcles must have a cable winch of sufficient size and capacity to retrieve vehicles that have gone off
traveled portions of roadways into inundated areas or other inaccessible locations. Winches must have visible
lD tags designating the model, make, serial number, and rated capacity.
All tow trucks used in City tows will be subject to a yearly inspection. This does not preclude the City from
conducting random inspections throughout the year.
16. Vehicleldentification
Tow vehicles shall display identification signs in compliance with section 27907 of the CVC. The Tow Operator
shall not display any sign or advertising material that indicates that his tow vehicles are an official police service
of the City.
17. Gharqes and Fees to be collected from Reqistered Owners
All rates and charges shall be conspicuously posted in the office and in all tow vehicles. These rates shall quote
complete charges and fees with no additional fees to be added at a later date. These rates will be available for
review by City personnel and/or the person for whom tow service is provided. All fees collected shall be itemized
and invoiced in DTS in accordance to section 22651.07 of the CVC. lt will be the Tow Operator's responsibility
to collect his bill for service, and the City will not be responsible in any way for these charges. Storage fees will
be calculated on the calendar day except the first 24-hours which is counted as a single day in accordance with
California Civil Code (CCC) 3068.1 (see Attachment B). Allfees listed on the DTS invoice will be received in the
form of major credit card, debit card, or cash. All fees collected, both City and Tow Operator fees, must be
invoiced through the DTS system prior to release and at the time of payment. No credit card fees will be
charged pursuant to CVC section 22651.1 and CCC section 1748.1 for any portion of the fees. The City
reserves the right to change all payment methods during the term of this agreement.
18. Lien Fees
At no time shall the City be charged a lien fee on a towed or impounded vehicle. No lien shall be attached to
any vehicle that has been impounded by the City until after seventy-two (72) hours from the time of storage as
listed in the DTS system have passed pursuantto section 22851.12of the CVC. All lien transactions must be
entered into the DTS system by Tow Operator. Vehicles sold at lien sale shall abide by all laws relating to lien
sales A vehicle held in impound by the City for thirty (30) days, shall not be sold at lien until such time as is
considered reasonable to allow the registered owner time to pay for and pick up the vehicle before it is sold at
lien, but under no circumstances before the thirty-fifth (35'n) day after storage.
The Tow Operator shall abide by all applicable statutes and ordinances concerning disposal of unclaimed
vehicles, including but not necessarily limited to CVC sections 22670',22851',22851.1:22851.2:22851.3:
22851.4', 22851 .6, 22851.8; 22851.10,22851.12 and 22852.5
As described in CVC section 22856, liability for despoliation of evidence shall not arise against the Tow
Operator that sells any vehicle at, or disposes of any vehicle after, a lien sale, as long as the Tow Operator can
show written proof that he was notified in writing by the City that the vehicle would not be needed as evidence in
a legal action. This proof may exist in the form of an official release in the DTS System or any other written
conveyance signed by a member of the City prior to the official, written release of the vehicle.
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19. Reasonableness and Validitv of Fees
Fees charged to the registered owner or any other person for response to calls originating from the City shall be
reasonable and not in excess of those rates charged for similar services provided in response to requests
initiated by any other public agency or private person. During the term of this agreement, the City shall conduct
an annual review each December of towing and storage fees of comparable cities and adjust rates set forth in
Attachment B by the first week of January of the following year.
20. Towinq Operation
All tows performed under this Agreement will be included in the flat rate charge as described in Attachment B.
No additional charges shall be charged without prior approval from the City and written notice is provided in the
DTS System. Any unapproved charges received outside the DTS System will result in immediate termination of
this Agreement and removal from the rotation list.
The Tow Operator shall base towing charges upon the class of vehicle being towed regardless of the class of
the truck used, except when vehicle recovery operations require a larger class truck. The Tow Operator may
refer to the tow truck classes and weight ratings as defined by the Towing & Recovery Association of America
(TRAA) vehicle identification guide.
21. Service Gall Rotation and Fees
The City shall establish a separate rotation list for Tow Operators willing to respond to service requests (out of
gas, lockouts, tire changes, etc.) Rates for a service requests shall not exceed one-half the flat rate charge for a
light duty truck response.
22. Gate Fees
No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding State
recognized holidays as listed below:
New Year's Day
Martin Luther King Day
Presidents'Day
Cesar Chavez Day
Memorial Day
lndependence Day
Labor Day
Veterans'Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
An afier hours gate fee may be charged at all other times. The gate fee is not to exceed fifty percent (50%) of
the flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal
property recovery that occurs outside normal business hours (excluding lien fees, storage fees, taxes, or other
additional fees.) The Tow Operator is responsible for assuring that proper gate fees are charged in accordance
with this section. Over charging gate fees will be considered a major violation as outlined in Section 30.
All towing and storage fees charged by the Tow Operator are the responsibility of the vehicle's owner and are
not the responsibility of the City. The exception would be evidentiary impounds made at the direction of City
personnel.
23. Gancelled Tow
The City shall not be liable to pay the Tow Operator or anyone else any charge or other fee for a call that does
not result in a chargeable service being rendered by Tow Operator ("Dry Run"). The cancelled Tow Operator
shall be placed back on the top of the rotation list and will receive the next tow in rotation.
24. Towed in Error
ln the event the City determines that an error has occurred in impounding a vehicle, it shall be immediately
released to the registered owner without charge and the Tow Operator will be placed back on the top of the
rotation list and will receive the next tow in rotation. ln addition, the Tow Operator will be given one extra tows
on the rotation list. Additional extra tows may be given at the discretion of the Tow Unit.
25. Release Fees
California law authorizes the recovery of funds required to enforce certain provisions of the CVC and promote
traffic safety on public roadways. This authorization falls under CVC section 22850.5 and further authorized by
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City resolutions. These resolutions are open to public view at the City and/or City offices and are on file with the
City's Traffic Bureau. The Tow Operator will collect fees on the behalf of the City from the registered owner,
legal owner or agent of an impounded car.
A City administrative / franchise fee will be charged for the release of a vehicle that has been impounded by the
City. Fees will be established by an independent consulting firm to determine the City's costs associated with
impounding vehicles in accordance with CVC sections 22850.5 and 12110(b). All vehicles impounded will be
charged an administrative / franchise fee for the release of the vehicle. This fee will be established and attached
to each vehicle in the DTS System The City's administratrve fees will be collected at the time of the release by
the Tow Operator. The Tow Operator will pay the City's franchise fees equivalent to the City's administrative
fees for every vehicle that is not picked up by the owner or agent. The Tow Operator will pay the City's
administrative / franchise fees for every City vehicle that was towed during the preceding month and will pay the
City no later than 12:00 p.m. on the 15'n of the following month, regardless of the disposition of the vehicle. ln
the event that the 1Sth of the month falls on one of the State recognized holidays listed in Section 22 above, or a
weekend, the City's administrative/franchise fee must be paid by 12:00 p.m. on the following business day. Tow
Operators who fail to submit the City's administrative / franchise fees to the City by the '1stn day of each month
will be immediately suspended from rotation until all fees are received, and will be subject to appropriate
disciplinary action and civil recourse. The City will keep a strict accounting of these fees through the DTS
System and frequent audits will take place to ensure accurate and timely payment of collected City
administrative / franchise fees. The fee will be listed as an item on the owner's / agent's DTS contractor invoice.
26. UnauthorizedRelease
Unauthorized release of an impounded vehicle, accidental or othen¡vise, having evidentiary value, not officially
released by the City, and determined to be the fault of the Tow Operator, will result in the issuance of a major
violation as set forth in this Agreement. The determination of such fault will be the responsibility of the City.
27. Release of Multi-Dav lmpounds
A vehicle impounded with a multiple day hold may only be released prior to the impound period with written
authorization by the City in the DTS System. The DTS System will automatically schedule the release of an
impounded vehicle.
28. Release of Vehicles
Vehicles may only be released through the DTS System. Once the DTS System authorizes the release of a
stored or impounded vehicle, it is the Tow Operator's responsibility for the vehicle's release. The Tow Operator
is hereby granted authority to release to the registered owner, legal owner, or authorized representative,
pursuant to section 22850.3 of the CVC At the time of release, the Tow Operator shall have the registered
owner, legal owner, or authorized representative taking possession of the vehicle sign a release indicating that
they are properly licensed and insured to drive a motor vehicle.
29. Disciplinarv Action
The Chief of Police, or his/her designee, shall take disciplinary action against Tow Operators for violations
investigated and sustained. Unless otherwise noted, the Chief of Police, or his/her designee, will determine the
period of suspension and shall retain discretion regarding the length of any suspension imposed pursuant to the
terms and conditions of this Agreement The City shall retain record of violations for at least the term of this
Agreement.
30. Maior violations
Major violations include any chargeable offense under Federal, State, Local Law and significant violations of this
Agreement. Such violations shall result in suspension or immediate termination of this Agreement. The Chief of
Police, or his/her designee, reserves the right to impose longer periods of suspensions or immediate
termination, if deemed appropriate in his/her sole discretion. The Chief of Police, or his/her designee, reserves
the right to remove a Tow Operator from the tow rotation during the investigation of a major violation. A
reinstatement from suspension for a major violation will result in a five hundred dollar ($500.00) fee. Suspension
will not be lifted until the reinstatement fee is received by the Chief of Police or his/her designee. ln addition, a
major violation may also result in the Tow Operator's employee being removed from participation in this
Agreement. Examples of major violations include, but are not limited to:
. Physical assault, against public and/or law enforcement. Verbal abuse against public and/or law enforcement. Resisting arrest. Tow Truck Driver under the influence of alcohol or illegal drugs
-17 -
. Charging rates that exceed those listed in Attachment B
. Vehicle released without authorization
. Unauthorized access to storage yard
. Theft
. Mishandling of vehicles stored as evidence
. Unauthorized driver responding to call
. Failure to provide information or change of status on any Tow Operator employee or staff
. Substantiated private party impound complaints
. Any Felony/Misdemeanor arrest
. Refusalto take a rotationaltow
. Failure to utilize the DTS System for all City towing related matters
. Repeated late or nonpayment of City franchise fees
. Failure to properly secure storage yard
o Failure to obey a lawful order by law enforcement
31. Minor violations
Minor violations will be given to the Tow Operator in the form of a documented warning for the first violation. The
second violation will be in the form of a documented reprimanded and a one hundred dollar ($100.00) fine
Repeated minor violations during the term of the Agreement may be treated as a major violation, and the Tow
Operator will be suspended or terminated from this Agreement. A reinstatement from suspension will result in a
five hundred dollar ($500.00) fee. Suspension will not be lifted until the reinstatement fee is received by the
Chief of Police or his/her designee. Examples of minor violations include, but are not limited to:
. Late payment of City franchise fees
. Tow truck drivers not wearing City issued l.D. cards/ proper uniform
. Unauthorized arrival time in excess of thirty (30) minutes, or forty-five (45) minutes during peak hours
. Repeated rejection of dispatched calls
. Other violations of this Agreement not considered a major violatton by the Chief of Police or his/her
designee
. Unauthorizedride-a-long. Failure to respond to customers' needs
. Failure to maintain proper equipment
. Failure to clean up at a collision scene
. Vehicle code infractions
32. Hearinq/Appeal
Tow Operator must have a legal existing interest in the tow operation or entitlement subject to the City order,
citation, decision or determination to have standing to appeal a decision by the Chief of Police or his/her
designee. An appeal that fails to identify the appellant's standing may be rejected as defective.
ln the event FPD serves Tow Operator with disciplinary action amounting to anything less than a suspension
resulting from a minor violation, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow Unit.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension for thirty (30) days or
less resulting from a minor or major violation, the Tow Operator may request a hearing within fifteen (15)
calendar days by submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow
Unit. Upon receipt of a written request for an appeal, and at the discretion of the Chief of Police, or his/her
designee, the Tow Operator may be allowed to continue rotational tows until the final disposition of the appellate
hearing.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension in excess of thirty (30)
days, or termination of the TSA, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Administrative Hearing Officer by way of the City Manager's Office. The
written appeal shall be in compliance with FMC sections 1-407 and 9-1712. Notwithstanding any provision
within Chapter 1, Article4 of the FMC, any person who appeals a suspension in excess of thirty (30) days, ora
termination of the TSA shall not be entitled to placement on the Tow Rotation List or to participate in tows until
such time as any appeal hearing has been concluded and the Administrative Hearing Officer finds that no
grounds for a suspension in excess of thirty (30) days, or a termination of the TSA has been established. Tow
Operator's remedy shall be limited to reinstatement on the tow rotation list in such case and no other
compensation or consideration will be allowed.
- 18 -
ATTACHMENT B
TOW FEES
Flat price per vehicle oer call:
Light Duty Tow/Flatbed $ 184.00/Each
Medium Duty Tow $ Average CHP Rates Apply
Heavy Duty Tow $ Average CHP Rates Apply
Water Recovery: $ Average CHP Rates Apply
Technoloqv Fee:
DTS Software Fee per Vehicle Towed $ Charge listed in DTS Contract and DTS System
Storaqe Rates:
Passenger cars $ 45.00/per dayMotorcycles $ 45.00/per day
Trucks or Trailers $ Average CHP Rates Apply
lnside Storaqe Rates:
Passenger cars $ 55.00/per dayMotorcycles $ 55.00/per day
Trucks or Trailers $ Average CHP Rates Apply
Gate Fee: No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding
State recognized holidays as listed in the Agreement.
An after hours gate fee may be charged at all other times. The gate fee shall not exceed fifty percent (50%) of the
flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal property
recovery that occur outside normal business hours (excluding lien fees, storage fees, taxes, or other additional
fees).
Non-tow service calls (out of gas, lockouts, and flat tires) shall not exceed one-half the flat rate charge for a light
duty truck response.
City of Fresno Administrative / Franchise Fees:
Vehicle Collision Blocking a Roadway $ 60.00
lllegally Parked / Abandoned Vehicle $116.00
Unlicensed Driver / Expired Registration $189.00
Arrested / Suspended Driver $266.00
DUI Driver $450.00
All fees listed on the DTS invoice will be received in the form of major credit card, debit card or casñ. Â/o
credit card fee will be charged pursuant to CVC section 22651.1 and CCC section 1748.1.
-19-
CITY OF FRESNO
NON.EXCLUSIVE FRANCHISE TOW AGREEMENT
FOR FRESNO POLICE DEPARTMENT
This Non-exclusive Franchise Tow Agreement (TSA) is entered into effect on the 28th day of December 2014 set
forth below, at Fresno, California, between the City of Fresno, a municipal corporation (City) and Rays Towing, a
Partnership (the Tow Operator).
This Agreement, including all attachments, contains rules and regulations that a tow company agrees to comply
with in order to participate in the tow operations of the City of Fresno Police Department (FPD). Participation in
the FPD Rotation Tow Program (Tow Program) is voluntary. Compliance with all of the terms and conditions of
the Agreement is mandatory for tow companies participating in the Tow Program. A Tow Operator, by agreeing
to participate in the Tow Program, is not acting as an agent for FPD or City when performing services under this
Agreement.
1. Governino Law and Venue
This Agreement shall be governed by, and construed enforced in accordance with, the laws of the State of
California excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue
for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any
rights and duties hereunder shall be the County of Fresno, California.
2. Entire Agreement
This Agreement, its attachments and exhibits, when accepted by the Tow Operator either in writing or
commencement of performance hereunder, contains the entire Agreement between the parties with respect to
the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth
herein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by
City in writing.
3. Amendments
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the
parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties;
and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in
writing.
4. Assiqnment or Sub Contractinq
The terms, covenants, and conditions contained herein shall apply to the parties. Furthermore, neither the
performance of this Agreement nor any portion thereof may be assigned or subcontracted by Tow Operator
without the express written consent of City. Any attempt by Tow Operator to assign or subcontract the
performance or any portion of this Agreement without the express written consent of City shall be invalid and
shall constitute a breach of this Agreement.
5. PatenUCopvriqht Materials/Proprietarv lnfrinqement
Unless otheruvise expressly provided in this Agreement, Tow Operator shall be solely responsible for obtaining a
license or other authorization to use any patented or copyrighted materials in the performance of this
Agreement Tow Operator warrants that any Software as modified through services provided hereunder will not
infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Tow Operator
agrees that, in accordance with the more specific requirement below, it shall indemnify, defend and hold City
and City lndemnitees harmless from any and all such claims and be responsible for payment of all costs,
damages, penalties and expenses related to or arising from such claim(s), including, but not limited to,
attorney's fees, costs and expenses.
6. Non-Discrimination
ln the performance of this Agreement, Tow Operator agrees that it will comply with the requirements of section
1735 of the California Labor Code and not engage nor permit any Tow Operators to engage in discrimination in
employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, marital status, or sex of such persons. Tow Operator acknowledges that a
violation of this provision shall subject Tow Operator to all the penalties imposed for a violation of anti-
discrimination law or regulation, including but not limited to, section 1720 et seq. of the California Labor Code.
1
7. Termination
ln addition to any other remedies or rights it may have by law, City has the right to terminate this Agreement
without penalty immediately with cause and either party may terminate after thirty (30) days written notice
without cause, unless otheruvise specified. Cause shall be defined as any breach of this Agreement or any
misrepresentation or fraud on the part of the Tow Operator. Exercise by City of its right to terminate the
Agreement shall relieve City of all further obligation.
8. Consent to Breach Not Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or
consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any
party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver
of, or excuse for any other different or subsequent breach.
9. Remedies Not Exclusive
The remedies for breach set forth in this Agreement are cumulative as to one another and as to any other
provided by law, rather than exclusive; and the expression of certain remedies in this Agreement does not
preclude resort by either party to any other remedies provided by law.
10. Independent Tow Operator
Tow Operator shall be considered an independent Tow Operator and neither Tow Operator, its employees nor
anyone working under Tow Operator shall be considered an agent or an employee of City. Neither Tow
Operator, its employees nor anyone working under Tow Operator, shall qualify for workers' compensation or
other fringe benefits of any kind through City.
11. Performance
Tow Operator shall perform all work under this Agreement, taking necessary steps and precautions to perform
the work to City's satisfaction. Tow Operator shall be responsible for the professional quality, technical
assurance, timely completion, and coordination of all documentation and other goods/services furnished by Tow
Operator under this Agreement. Tow Operator shall: perform all work diligently, carefully, and in a good and
workman-like manner; furnish all labor, supervision, machinery, equipment, materials, and supplies necessary
therefore; at its sole expense obtain and maintain all permits and licenses required by public authorities,
including those of City required in its governmental capacity, in connection with performance of the work; and, if
permitted to subcontract, be fully responsible for all work performed by sub-Tow Operators.
'12. lndemnification
A) Tow Operator shall indemnify, hold harmless and defend City and each of its officers, officials,
employees, agents and authorized volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to
personal injury, death at any time and property damage) incurred by City, Tow Operator, or any
other person, and from any and all claims, demands and actions in law or equity (including
attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of
performance of this Agreement. Tow Operator's obligations under the preceding sentence shall
apply regardless of whether City or any of its officers, officials, employees, agents or authorized
volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or
damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any
of its officers, officials, employees, agents or authorized volunteers.
B) lf Tow Operator should subcontract all or any portion of the work to be performed under this
Agreement, Tow Operator shall require each subcontractor to indemnify, hold harmless and defend
City and each of its officers, officials, employees, agents and authorized volunteers in accordance
with the terms of the preceding paragraph.
C) This section shall survive termination or expiration of this Agreement.
13. lnsurance
A) Throughout the life of this Agreement, Tow Operator shall pay for and maintain in full force and
effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted
by the California lnsurance Commissioner to do business in the State of California and rated not
less than .A-Vll" in Best's lnsurance Rating Guide, or (ii) authorized by City's Risk Manager. The
following policies of insurance are required:
2
5)
B)
1) COMMERCIAL GENERAL LIABILITY insurance which shall be on the most current version of
lnsurance Services Office (lSO) Commercial General Liability Coverage Form CG 00 0'1 and
include insurance for "bodily injury," "property damage" and "personal and advertising injury"
with coverage for premises and operations, products and completed operations, and
contractual liability (including, without limitation, indemnity obligations under the Agreement)
with limits of liability of not less than $1,000,000 per occurrence for bodily injury and property
damage, $1,000,000 per occurrence for personal and advertising injury and $2,000,000
aggregate for products and completed operations and $2,000,000 general aggregate.
2) GARAGEKEEPERS LEGAL LIABILITY insurance which shall include coverage for vehicles in
the care, custody, and control of the Tow Operator with limits of liability of not less than
$120,000 per occurrence for property damage.
3) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be on the most current
version of lnsurance Service Office (lSO) Business Auto Coverage Form CA 00 01, and
include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles
(Code 1- Any Auto) with limits of not less than $1,000,000 per accident for bodily injury and
property damage.
4) ON-HOOIICARGO insurance which shall include coverage for vehicles in tow with limits of
liability based on the size of the tow truck, which are as follows:
a) Class A/B tow truck... ......$120,000b) Class C tow truck ... $200,000c) Class D tow truck.. ...$300,000
WORKERS' COMPENSATION insurance as required under the California Labor Code and
EMPLOYERS' LIABILITY insurance with minimum limits of $1,000,000 each accident, $1,000,000
disease policy limit and $1,000,000 disease each employee.
Tow Operator shall be responsible for payment of any deductibles contained in any insurance
policies required hereunder and Tow Operator shall also be responsible for payment of any self-
insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate
of lnsurance and approved by the City's Risk Manager or his/her designee. At the option of the
City's Risk Manager, or his/her designee, either:
1) The insurer shall reduce or eliminate such deductibles or self-insured retention as
respects City, its officers, officials, employees, agents and volunteers; or
2) Tow Operation shall provide a financial guarantee, satisfactory to City's Risk Manager, or
his/her designee, guaranteeing payment of losses and related investigations, claim
administration and defense expenses. At no time shall City be responsible for the payment of
any deductibles or self-insured retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30)
calendar days written notice in favor of City of policy cancellation, change or reduction of coverage,
except for the Workers'Compensation policy which shall provide ten (10) calendar days written
notice of such cancellation, change or reduction of coverage. ln the event any policies are due to
expire during the term of this Agreement, Tow Operator shall provide a new certificate and all
applicable endorsements evidencing renewal of such policy prior to the expiration date of the
expiring policy(ies) to the Chief of Police, or his/her designee, and the City's Risk Division. Upon
issuance by the insurer, broker, or agent of a notice of cancellation, change or reduction in
coverage, Tow Operator shall file with the Chief of Police, or his/her designee, and the City's Risk
Division, a new certificate and all applicable endorsements for such policy(ies).
The General Liability, Automobile Liability and Garagekeepers Legal Liability insurance policies
shall be written on an occurrence form and shall name City, its officers, officials, agents, employees
and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Tow
Operator's insurance shall be primary with respect to the City, its officers, officials, employees,
agents and authorized volunteers with no contribution required of City. Any Workers' Compensation
insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents,
c)
D)
3
employees and author¡zed volunteers. Tow Operator shall have furnished City with the certificate(s)
and applicable endorsements for ALL required insurance prior to City's execution of the Agreement.
E) The fact that insurance is obtained by Tow Operator shall not be deemed to release or diminish the
liability of Tow Operator, including, without limitation, liability under the indemnity provisions of this
Agreement. City shall apply to all claims and liability regardless of whether any insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by Tow Operator. Approval or purchase of any insurance contracts or policies shall in no
way relieve from liability nor limit the liability of Tow Operator, its principals, officers, agents,
employees, persons under the supervision of Tow Operator, vendors, suppliers, invitees,
consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of
them.
F) Upon request of City, Tow Operator shall immediately furnish City with a complete copy of any
insurance policy required under this Agreement, including all endorsements, with said copy certified
by the undenryriter to be a true and correct copy of the original policy. This requirement shall survive
expiration or termination of this Agreement.
G) lf at any time during the life of the Agreement or any extension, Tow Operator fails to maintain the
required insurance in full force and effect, all work under this Agreement shall be discontinued
immediately until notice is received by City that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory to City.
Any failure to maintain the required insurance shall be sufficient cause for City to terminate this
Agreement
H) lf Tow Operator should subcontract all or any portion of the work to be performed, Tow Operator
shall require each subcontractor to provide insurance protection in favor of the City, its officer,
officials, employees, agents and authorized volunteers in accordance with the terms of each of the
preceding paragraphs, except that the subcontractors certificates and endorsements shall be on file
with the Tow Operator and City prior to the commencement of any work by the subcontractor.
14. Bills and Liens
Tow Operator shall pay promptly all indebtedness for labor, materials, and equipment used in performance of
the work Tow Operator shall not permit any lien or charge to attach to the work or the premises, but if any does
so attach, Tow Operator shall promptly procure its release and indemnify, defend, and hold City harmless and
be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related
thereto
15. Chanqe of Control
Tow Operator agrees that if there is a change or transfer in ownership or control of the Tow Operator's business
prior to completion of this Agreement, unless such change or transfer is to "immediate family" as defined in
Fresno Municipal Code (FMC) section 3-101(e) and approved in writing by the Chief of Police, or his/her
designee, such change or transfer shall terminate this Agreement. This includes but is not limited to changes in:
Corporate Board Members, Managers, Directors, Treasurer, Trustees, or ownership interests. All changes or
transfers to "immediate family" must be approved by the Chief of Police, or his/her designee, prior to such
change or transfer in order for the Tow Operator to remain on the tow services list. Final written approval or
disapproval for the change or transfer in ownership or control will be given by the Chief of Police or his/her
designee All "immediate family" members involved in the potential transfer and operation of the Tow Operator
shall be required to undergo a background check, review, and "Livescan" fingerprint screening. The "immediate
family" members involved in the change or transfer of ownership or control must also possess and keep current
all licensing certificates and insurance as required in this Agreement. The "immediate family" members who will
operate or othen¡vise be legally responsible for the Tow Operator will be required to execute a new TSA
A) Tow Operator owners shall be directly involved in the day{o-day operations of their
business and shall not be directly involved in the towing-related business of any other tow
company on, or applicant for, the Tow Rotation List. Co-mingling of operations, business,
offices, board members, and finances is strictly prohibited.
B) lf terminated or suspended, Tow Operator and/or its owner at the time of the suspension or
termination, shall not be eligible for a rotation listing for the duration of the suspension or
termination. This section applies to the Tow Operator working in any capacity within any tow
4
business or operating any tow business and to the tow business even if operated under new
ownership.
C) Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow
Rotation List, excluding equipment which may be unavailable due to repairs or when there is a need
for equipment replacement and written approval is obtained from the Chief of Police or his/her
designee.
16. Force Maieure
Tow Operator shall not be in breach of this Agreement caused by any act of God, war, civil disorder,
employment strike or other cause beyond its reasonable control, provided Tow Operator gives written notice of
the cause of the delay to City within thirty-six (36) hours of the start of the delay and Tow Operator avails itself of
any available remedies.
17. Confidentialitv
Tow Operator agrees to maintain the confidentiality of all City and City-related records and information pursuant
to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term
of this Agreement All such records and information shall be considered confidential and kept confidential by
Tow Operator and Tow Operator's staff, agents and employees.
18. Compliance with Laws
Tow Operator represents and warrants that services to be provided under this Agreement shall fully comply, at
Tow Operator's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and
regulations, including, but not limited to those issued by City in its governmental capacity and all other laws
applicable to the services at the time services are provided to and accepted by City. Tow Operator
acknowledges that City is relying on Tow Operator to ensure such compliance (collectively Laws). Tow Operator
agrees that it shall defend, indemnify and hold City and City lndemnitees harmless from all liability, damages,
costs, and expenses arising from or related to a violation of Laws.
19. Pricinq
The Agreement price shall include full compensation for providing all required services in accordance with the
Scope of Work attached to this Agreement, and no additional compensation will be allowed therefore, unless
otherwise provided for in this Agreement. Tow Operator shall pay the City Franchise Fees as listed in
Attachment "B", or "City Administrative / Franchise Fees", in accordance with Paragraph 25 of Attachment "4".
20. Terms and Conditions
Tow Operator acknowledges that the undersigned has read and agrees to all terms and conditions included in
this Agreement.
21. Severabilitv
lf any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired or invalidated thereby.
22. Calendar Davs
Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless
otheruvise expressly provided.
23. Attornev Fees
lf either party is required to commence any proceeding or legal action to enforce any term, covenant or condition
of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other
party its reasonable Attorney's fees and legal expenses.
24. Interpretation
This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in
the matters dealt with in this Agreement. ln addition, each party has been represented by experienced and
knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel
despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have
not been influenced to any extent whatsoever in executing this Agreement by any other party hereto or by any
person representing them, or both. Accordingly, any rule or law (including California Civil Code section 1654)or
legal decision that would require interpretation of any ambiguities in this Agreement against the party that has
5
drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable
manner to affect the purpose of the parties and this Agreement.
25. Authoritv
The parties to this Agreement represent and warrant that this Agreement has been duly authorized and
executed and constitute the legally binding obligation of their respective organization or entity, enforceable in
accordance with its terms.
26. Emplovee Eliqibilitv Verification
Tow Operator warrants that it fully complies with all Federal and State statutes and regulations regarding the
employment of aliens and others and that all its employees performing work under this Agreement meet the
citizenship or alien status requirement set forth in Federal statutes and regulations. Tow Operator shall obtain,
from all employees performing work hereunder, all verification and other documentation of employment eligibility
status required by Federal or State statutes and regulations including, but not limited to, the lmmigration Reform
and ControlAct of 1986, I U.S.C. 51324 et seq., as they currently exist and as they may be hereafter amended.
Tow Operator shall retain all such documentation for all covered employees for the period prescribed by the law.
Tow Operator shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its
agents, officers, and employees from employer sanctions and any other liability which may be assessed against
Tow Operator or City or both in connection with any alleged violation of any Federal or State statutes or
regulations pertaining to the eligibility for employment of any persons performing work under this Agreement.
27. Additional Terms and Gonditions
A) Term of Agreement: This Agreement shall commence on December 28, 2014, and shall be
effective for three (3) years from that date, unless otheruvise terminated by City.
B) Fiscal Appropriations: This Agreement is subject to and contingent upon applicable budgetary
appropriations being made by the City for each year during the term of this Agreement. lf such
appropriations are not forthcoming, the Agreement will be terminated without penalty. Tow
Operator acknowledges that funding or portions of funding for this Agreement may also be
contingent upon the receipt of funds from, and/or appropriation of funds by City. lf such funding
and/or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate
or modify this Agreement without penalty.
C) Conflict of lnterest (Tow Operator): Tow Operator shall exercise reasonable care and diligence to
prevent any actions or conditions that result in a conflict with the best interest of City This
obligation shall apply to Tow Operator, Tow Operator's employees, agents, relatives, and third
parties associated with accomplishing the work hereunder. Tow Operator's efforts shall include, but
not be limited to, establishing precautions to prevent its employees or agents from making,
receiving, providing, or offering gifts, entertainment, payments, loans, or other considerations which
could be deemed to appear to influence individuals to act contrary to the best interest of City.
D) Tow Operator Work Hours and Safety Standards: Tow Operator shall ensure compliance with all
safety and hourly requirements for employees, in accordance with federal, state, and City safety
and health regulations and laws.
E) Orderly Termination: Upon termination or other expiration of this Agreement, each party shall
promptly return to the other party all papers, materials, and other properties of the other held by
each for purposes of execution of the Agreement. ln addition, each party will assist the other Party
in orderly termination of this Agreement and the transfer of all aspects, tangible and intangible, as
may be necessary for the orderly, non-disruptive business continuation of each party.
F) Reprocurement Costs: ln the case of default by Tow Operator, City may procure the service from
other sources and, if the cost is higher, Tow Operator will be held responsible to pay City the
difference between the Agreement cost and the price paid. City may make reasonable efforts to
obtain the prevailing market price at the time such services are rendered. This is in addition to any
other remedies available under law.
G) Authorization Warranty: Tow Operator represents and warrants that the person executing this
Agreement on behalf of and for Tow Operator is an authorized agent who has actual authority to
bind Tow Operator to each and every term, condition, and obligation of this Agreement and that all
requirements of Tow Operator have been fulfilled to provide such actual authority.
6
28.
H) Notices: Any and all notices permitted or required to be given hereunder shall be deemed duly
given (1) upon actualdelivery, if delivery is by hand; or (2) upon delivery by the United States mail if
delivery is by postage paid registered or certified return receipt requested mail; or (3) through
electronic means such as, email or the Dispatch & Tracking Solutions Software System (DTS).
l) Data - Title to: All materials, documents, data or information obtained from City data files or any
City medium furnished to Tow Operator in the performance of this Agreement will at all times remain
the property of City. Such data or information may not be used or copied for direct or indirect use
by Tow Operator after completion or termination of this Agreement without the express written
consent of City All materials, documents, data or information, including copies, must be returned to
City at the end of this Agreement
J) Usage: No guarantee is given by City to Tow Operator regarding usage of this Agreement. Usage
figures, if provided, are approximate, based upon the last usage. Tow Operator agrees to supply
services and/or commodities requested, as needed by City, at prices listed in the Agreement,
regardless of quantity requested.
K) Tow Operator's Records: Tow Operator shall keep true and accurate accounts, records, books
and data which shall correctly reflect the business transacted by Tow Operator in accordance with
generally accepted accounting principles. These records shall be stored at the Tow Operators
principal place of business for a period of three (3) years after final payment is received by City.
L) Audits/lnspections: Tow Operator agrees to permit City's authorized representative (including
auditors from a private auditing firm hired by City) access during normal working hours to all books,
accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose
of auditing or inspecting any aspect of performance under this Agreement. The inspection and/or
audit will be confined to those matters connected with the performance of the Agreement including,
but not limited to, the costs of administering the Agreement. City reserves the right to audit and
verify Tow Operator's records before or after final payment is made.
Tow Operator agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of records retention is stipulated under this Agreement or
by law. Tow Operator agrees to allow interviews of any employees or others who might reasonably
have information related to such records. Further, Tow Operator agrees to include a similar right to
City to audit records and interview staff of any sub-Tow Operator related to performance of this
Agreement.
M) Should Tow Operator cease to exist as a legal entity, Tow Operator's records pertaining to this
Agreement shall be forwarded to the Chief of Police or his/her designee.
Disputes-Aqreement
A) The Parties shall deal in good faith and attempt to resolve potential disputes informally.
1) Tow Operator shall submit to the Chief of Police, or his/her designee, a written demand for a
final decision regarding the disposition of any dispute between the parties arising under,
related to, or involving this Agreement, unless City, on its own initiative, has already rendered
such a final decision.
2) Tow Operator's written demand shall be fully supported by factual information, and, if such
demand involves a cost adjustment to the Agreement, Tow Operator shall include with the
demand a written statement signed by a senior official indicating that the demand is made in
good faith, that the supporting data are accurate and complete, and that the amount
requested accurately reflects the Agreement adjustment for which Tow Operator believes City
is liable.
B) Pending the final resolution of any dispute arising under, related to, or involving this Agreement,
Tow Operator agrees to diligently proceed with the performance of this Agreement. Tow Operator's
failure to diligently proceed shall be considered a material breach of this Agreement.
C) Any final decision of City shall be expressly identified as such, shall be in writing, and shall be
signed by the City Hearing Administrative Officer, or Chief of Police, or his/her designee, as
applicable lf City fails to render a decision within ninety (90) days after receipt of Tow Operator's
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demand, it shall be deemed a final decision adverse to Tow Operator's contentions. City's final
decision shall be conclusive and binding regarding the dispute unless Tow Operator commences
action in a court of competent jurisdiction.
29. Breach of Aqreement
The failure of the Tow Operator to comply with any of the provisions, covenants or conditions of this Agreement
shall be a material breach of this Agreement. ln such event the City may, and in addition to any other remedies
available at law, in equity, or othenvise specified in this Agreement, undertake any of the individual actions or
any combination of the following actions:
1) Afford the Tow Operator written notice of the breach and ten calendar days or such
shorter time that may be specified in this Agreement within which to cure the
breach;
2) Suspend and/or remove Tow Operator from the rotation;
3) Terminate the Agreement immediately, without any penalty.
The Parties hereto have executed this Agreement.
"lf a corporation or limited liability company, the document must be signed by two corporate officers. The first signature
must be either the Chairman of the Board, President, or any Vice President. The second signature must be the
secretary, an assistant secretary, the Chief Financial Officer, or any assistant treasurers. ln the alternative, a single
signature is acceptable when accompanied by a corporate document demonstrating the legal authority of the
signature to bind the company.
ATTEST:
YVONNE SPENCE, CMC
City Clerk
Date:
Date:
t4.ll.l
By:: Date:
TOW OPERATOR*:
CITY OF FRESNO.
A municipalcor
APPROVED AS TO FORM
DOUGLAS T. SLOAN
I
lz/zzJ t +
ATTACHMENT A
SCOPE OF WORK
1. Scope of Work
Tow Operator shall perform the towing, and storage of vehicles as directed by the City, and in addition, such
other services as provided in this Scope of Work, and shall provide necessary storage facility, tow vehicles,
labor, materials, equipment, machinery, and tools. The Tow Operator shall comply with all State laws and
regulations, applicable to tow units and impound, towing, storage, selling or junking of vehicles Tow operators
must follow all guidelines set forth by equipment manufactures recommendations as to their use and care of all
towing related equipment. All permits and licensing fees as specified under California Vehicle Code (CVC)
sections 34620 through 34624 shall be in full force and effect at all times during this Agreement. Any violation of
this section will be considered a material breach of the Agreement and may result in immediate termination of
this Agreement.
2. Towinq Services and Duties
It shall be the duty of the Tow Operator, when so directed by the City, to provide prompt tow service for vehicles
which are taken into custody by the City. This includes vehicles involved in collisions or disabled by any other
cause, abandoned in public places or on private property. Vehicles impounded for evidence, impeding the flow
of traffic, or which for any other reason, are within the jurisdiction of the FPD. As required by law, Tow
Operators are to remove from the street all debris resulting from said collisions and to clean the immediate area
of such street (CVC section 27700(a)(1)). lt shall also be the duty to provide for the safety and security of those
vehicles and the contents thereof. These duties are inherent to the job and are to be included in the price of the
basic tow bill.
The tow truck operator shall provide a business card to the registered owner or driver for the vehicle being
towed. The business card shall contain the name, address and phone number of the tow company as well as
the link to the vehicle search system in DTS as follows: www.findmytow.com
Tow truck operators and/or drivers will not be permitted to drive an impounded or recovered stolen vehicle or
vehicle intended for storage from a FPD rotation call or special operation. Any exceptions must be at the
direction of the FPD officer in charge of the scene and should be limited to repositioning the vehicle to allow for
towing.
The City has designated two (2) tow companies for evidence impound tows and no other rotation tow company
shall maintain custody over these vehicles at any time. lf an officer impounds a vehicle for evidence and a non-
preference rotational tow is dispatched, it is the responsibility of the tow driver to verify with the officer on scene
as to whether a vehicle is to be held for evidence. lf it is determined that the vehicle is to be held for evidence,
the tow driver must immediately notify the officer on scene that the company is not authorized to handle
evidence impounds and an evidence tow company shall be dispatched. Tow Operator shall then contact the
Tow Unit on the same business day, or within the next business day if such tow occurs after regular business
hours. Acceptance of an evidence tow by a non-designated evidence tow company will result in disciplinary
action and full financial responsibility for all tow and storage fees for each violation.
lf terminated or suspended, Tow Operator and/or owner at the time of the suspension or termination, shall not
be eligible for a rotation listing for the duration of the suspension or termination. This provision applies to the
Tow Operator working in any capacity within any tow business or operating any tow business and to the tow
business even if operated under new ownership.
Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow Rotation List,
excluding equipment which may be unavailable due to repairs or when there is a need for equipment
replacement and written notice has been obtained from FPD.
3. Special Operations
FPD conducts special operations coordinated through the Traffic Bureau throughout the year that requires tow
companies at the location of the special operation. Tow companies on the Tow Rotation List that are in good
standing with FPD may be invited to participate in these operations, provided they are willing to remain with the
special operation until its conclusion and forfeit any rotational tow calls (FPD, California Highway Patrol, or
other) received during the duration of the operation. "Good standing" shall mean that Tow Operator has not
violated, or is not in violation of the terms of this Agreement, the provisions of the FMC, State, or Federal law.
All special operations tows will be subject to the provisions of this Agreement. Tow Operator shall respond to a
I
special operation with a flatbed tow truck with the capability of towing (2) vehicles. No ride alongs will be allowed
on any special operations unless the ride along is the Tow Owner or a Tow Driver who is in training and has
been approved by FPD.
4. Siqnaqe and hours of Operation
The storage yard or business office shall have a sign that clearly identifies it to the public as a towing service.
The sign shall have letters that are clearly visible to the public from the street and must be visible at night All
storage facilities must be accessible to City personnel twenty-four (24) hours per day and seven (7) days per
week. The Tow Operator will provide customer service twenty-four (24) hours per day and seven (7) days per
week for the release of vehicles.
Tow Operator shall provide at least one person at a call station to respond and release vehicles within thirty (30)
minutes. Tow Operator shall maintain all signage required pursuant to CVC sections 228503 and 22651.07
and include an after-hours contact phone number for Tow Operator.
5. Response Time
Tow Operator shall respond to calls twenty-four (24) hours a day, seven (7) days a week, within the maximum
response time limits as established by the Chief of Police or his/her designee A reasonable response time is
thirty (30) minutes or less, except during peak hours of 7:00 a m. to 9:00 a m. and 4:00 p.m. to 6:00 p.m.,
(Monday through Friday), when the required response time will be extended to forty-five (45) minutes or less.
Tow Operator shall respond with a tow truck of the class required to tow the vehicle specified by the DTS
System.
6. Non-Response
The Tow Operator shall update the DTS System at the time of dispatch to a tow rotation request. lf the Tow
Operator is either unable to respond or unable to meet the maximum response time, the tow operator shall
immediately update the DTS System accordingly. lf, after accepting the call, the Tow Operator is unable to
respond or will be delayed in responding, the Tow Operator shall immediately update the DTS system
accordingly.
To decline or refuse to respond will be considered a non-response. Each non-response will be immediately
documented in the DTS System. Each non-response will be logged by the DTS System and reviewed by the
City. lf the fault for the non-response is attributed to other than the Tow Operator, the Tow Operator will be
placed back in the rotational list and called at the next opportunity in line.
One such breach, determined to be the fault of the Tow Operator, will be grounds for written reprimand which
may be subsequent to a meeting between the Tow Operator and the City. A second breach may be grounds for
a (30) thirty-day suspension of this Agreement. A third violation will be considered a material breach of the
Agreement and may result in immediate termination of this Agreement.
ln the case of suspension or termination, all vehicles then in storage at the time of the suspension or termination
remain protected under this Agreement as City's impounds and the Tow Operator is so bound. The City will
have the option to remove and/or transfer stored vehicles.
When a Tow Operator will be temporarily unavailable to provide services due to preplanned/scheduled activity,
such as a vacation, maintenance, medical leave, etc., the Tow Operator will notify City in writing via the DTS
system at least forty-eight (48) hours in advance. City reserves the right to deny these requests to maintain
adequate service levels for tow operations. Failure to notify the City will be considered a non-response and a
material breach of this agreement.
7. StoraqeResponsibilities
It shall be the duty of the Tow Operator to provide impound and other storage service for all vehicles as directed
by the City. The Tow Operator shall be responsible for all vehicles, accessories and equipment thereon and all
personal property therein stored by Tow Operator. lt shall be the Tow Operators' duty to protect such stored
vehicles, accessories, equipment, and property against all loss or damage by fire, theft or other causes The
Tow Operator will have available for review by City personnel, all permits and proof of compliance to all local
zoning, special use, conditional use and special requirements, laws and regulation. lt is the responsibility of the
Tow Operator to ensure vehicles are stored in a secured facility.
8. Size and Location of Storaqe Facilitv
The tow yard shall be located within the City of Fresno's "Metropolitan Area." Metropolitan area is defined as
within the borders of Copper Avenue to the north, American Avenue to the south, DeWolf Avenue to the east,
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and Chateau Fresno to the west. Tow Operator shall be responsible for the security of vehicles and property at
the place of storage. At a minimum, a six (6) foot fence or enclosed secured area is required for outside
storage. A minimum of 5,000 square feet, or room for twenty (20) vehicles, shall be provided. All tow yards
located with the City of Fresno shall be in compliance with the FMC, current Directors Class #208 and shall
follow the current Development and Resource Management Department's Policy and Procedure C-002. lf the
tow facility is located outside the City of Fresno, the tow operator is required to provide written proof that the
yard is in compliance with the authorizing jurisdiction. Tow Operator is responsible for the reasonable care,
custody, and control of any property contained in towed or stored vehicles The storage facility and business
office will be located at the primary storage yard and shall be maintained in a functional, clean and orderly
fashion. The facility shall have a telephone, on-site fax machine and the necessary computer equipment to
properly run DTS software and to send and receive email.
ln the event of criminal activity at a storage facility, the City may require the Tow Operator to take measures to
assist in preventing such crimes. These measures could include, but are not limited to: the yard being
illuminated during darkness, with security type lighting, to such a degree that visual observation of the entire
yard may be accomplished at all times, improved fencing and/or security patrols.
All vehicles stored or impounded as a result of a tow ordered by the City shall be towed directly to a towing
service storage lot unless the City, or in the case of a citizen's assist, a person legally in charge of the vehicle,
requests that it be taken to some other location.
All vehicles towed as a result of action taken by the City will be stored at the Tow Operator's principal place of
business unless directed othenryise by the City's Tow Coordinator. Vehicles stored at an auxiliary storage facility
will be considered a breach of this Agreement. The Tow Operator shall not remove personal property from a
stored vehicle lf the registered owner removes personal property from a stored vehicle, the Tow Operator will
maintain documentation of such and will require a signed receipt from the registered owner for property
released. The Tow Operator shall immediately notify the City if any contraband, weapons or hazardous
materials are found in the vehicle(s).
9. Enclosed Facility
The Tow Operator may maintain, without charge to the City or any other person, separate and enclosed garage
facilities no less than 1,000 square feet of clean working space. The facility must be constructed to include a
roof and at least four walls of substantial design to withstand the elements and protect the vehicles from the
weather. The facility should have a concrete floor and sufficient lighting. This inside facility must be located at
the Tow Operator's primary storage yard. This inside facility is not required to qualify for the City's rotation,
however, when inside storage is requested for a particular vehicle, the next Tow Operator in line meeting the
needs of the City's request will be used.
10. DTS Requirements
Tow Operator shall utilize the most recent, updated and upgraded DTS software program, to dispatch and track,
via a web-based lnternet connection. Tow Operators will be required to enter the towed vehicle information as
instructed by the City. At no time will a vehicle be released, subject to lien, or junked from impound without all
required data fields being entered into the DTS system by the Tow Operator. The Tow Operator shall clearly
identify and enter into DTS the name of the person to whom the vehicle was actually released. All City tow
requests shall be made utilizing this program. Failure at any time to have the DTS program in full operation shall
cause the immediate removal of the Tow Operator from the tow rotation and be grounds for immediate
termination by City. Tow Operator must enter into a separate agreement, or license for the DTS software
program with the owner of that proprietary software. The City shall not provide the DTS software program, any
licensing or sub-licensing thereof or any intermediary services for the procurement by Tow Operator of the DTS
software program. This Agreement shall not be executed by the City until Tow Operator has demonstrated to
the City's satisfaction compliance with the requirements set forth herein. Tow Operator shall be liable for all
fees, charges, prices, rates and service charges required from DTS. DTS shall be utilized in "real time" and all
entries should reflect as such. lnvoices shall be used from DTS when releasing vehicles and be pursuant to
section 22651.07 of the CVC. The only Tow Operator personnel authorized to utilize and access DTS are those
that have fully complied with the provisions set forth in Section 12, "f ow Operator Personnel" of this Agreement
lf the Tow Operator is not in FULL compliance with the above stated requirement, the Tow Operator will be
removed from the City towing rotation. ln the event that DTS fails to provide software services, or the City elects
to utilize a new software provider, the Tow Operator will be required to use the replacement towing software
system. lf that occurs, all references to DTS in this Agreement shall instead be interpreted as references to the
new software program.
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11. Official Notification bv Citv Reqardinq Tow
Official notification by City regarding tow services is considered any form of written, email, verbal instructions or
notifications received from an authorized City employee or electronic notice from the DTS program. lf the Tow
Operator receives verbal instructions or notifications from a City employee the Tow Operator must respond to
City, by 5:00 p.m. (PST) on the next business day.
12. Tow Operator Personnel
A.) Conduct
The Tow Operator shall perform the services required of it in an ethical, orderly manner, endeavoring to
obtain and keep the confidence of the public. At no time will the Tow Operator or its agent or any
employee of the Tow Operator exhibit any of the following behavior: rudeness, or otherwise being
uncooperative, argumentative, threatening, incompetent or acting in a dangerous manner with any City
employee, or with any member of the public. The City reserves the right to cancel an individual tow
assignment, if in the opinion of the City, the Tow Operator is acting in a rude, uncooperative,
argumentative, threatening, incompetent or dangerous manner The City also reserves the right to cancel
an individual tow assignment if in the opinion of the City the Tow Operator is likely to damage the vehicle
for which the tow service was called. Other examples of unacceptable behavior include but are not limitedto: profanity, abusive language, disconnecting telephone calls for public inquiries regarding a tow,
threatening, aggressive, or assertive language, failure to provide timely information or documents in
response to a public or City inquiry, lack of respect to any City personnel or member of the public,
destruction or damaging of evidence, failure to comply with the reasonable request of a member of the
public, failure to release vehicle in a timely manner, failure to make appointment for release of vehicle
during evening or weekend hours, failure to promptly be on site at time of appointment for release of
vehicle during evening or weekend hours, impeding an investigation or any other conduct which the City
deems unprofessional.
lf the Tow Operator is found to be in violation of this conduct clause, the City will cancel the Tow Operator
and request the next Tow Operator in rotation. Any such behavior as set forth above shall be considered
a material breach of this Agreement and may be grounds for immediate suspension or immediate
termination by the City, without penalty.
B.) PersonnelAppearance
Tow Operators shall be required to furnish their employees with a distinctive company uniform. Each
uniform shall have the firm's name, as well as the employee's name, in a conspicuous place. The tow
company's name and driver's first name shall be clearly visible at all times, meaning that protective or
inclement weather outer garments must meet this standard. Each employee shall have sufficient uniforms
so as to maintain a neat, clean appearance at all times. Minimum requirements for uniforms include a
shirt, long pants, and appropriate safety shoes. All drivers shall be in uniform before any towing or service
operation begins. No wording, designs, photos, gestures, or anything that could be considered offensive
or obscene to the general public shall be displayed by the Tow Operators or on any part of the uniform.
Dress standards are required in order to project a professional and positive image to the public.
All employees must be neat, clean and well groomed in appearance. ln order to ensure a professional
appearance, all tattoos must be concealed by operators while working. Personnel will be required to
conceal any tattoos with gloves, collars, long sleeves, or by other means acceptable to the City. Facial
tattoos of any variety are not permitted. No facial piercings shall be worn while on duty.
Drivers shall wear safety vests or reflectorized clothing that conforms to Occupational Safety and Health
Administration (OSHA) requirements. Alternatively, the OSHA safety requirements may be incorporated
into the uniform, jacket, or rain gear, as long as these items are worn as the outermost garment.
C.) UnlawfulActivitv
The Tow Operator or it's employees shall not be involved, nor shall the Tow Operator or its employees
become involved in any agreement or activity whether verbal, written or conveyed in any other manner,
any activity or business venture which may be construed as unlawful lf the City deems the involvement
to be unlawful, the City may immediately terminate this Agreement.
The Tow Operator shall not provrde any direct or indirect commission, gift or any compensation to any
person or public or private entity, in consideration of arranging or requesting the services of a tow truck as
provided in section 12110 of the CVC.
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No Tow Operator will be involved or solicit any compensation of any kind including but not limited to
involvement with any other company or business that might result in income or consideration as a result of
any activity initiated by the City.
An example of such a prohibited involvement could include but is not limited to: financial reimbursement
by auto-body repair business for referrals, or towing directly from the scene of a collision to the auto-body
shop without prior unsolicited approval or request by the registered owner, driver or insurance company
representative of the damaged vehicle; kickback to or from a security company or homeowner's
association for "finding" or towing a vehicle from a location, whether private property, public, off street
parking facility or a public roadway. Violation of this provision shall be grounds for immediate termination
by City, without penalty.
D.) Personnel Licenses
Tow Operators providing services under this Agreement, including tow truck drivers, dispatchers and other
office personnel, will have sufficient knowledge, experience and capability to ensure safe and proper
discharge of their service responsibilities. lt will be the responsibility of the Tow Operator to ensure that all
of its personnel will be properly licensed in accordance with sections 12500, 12520, and 12804.9 of the
CVC. All tow truck drivers and tow truck operators shall be enrolled in the "Pull Notice" program as defined
in CVC sectionl808.1 et seq.. Drivers must complete a CHP approved Tow Operator Course every five
(5) years and copies of completion of the course shall be sent to the City. All Tow Operators and
personnel shall have no criminal record which would preclude them from being placed in a position of trust
while in the service of a law enforcement agency or any crime listed below under the heading of "Criminal
Record."
E.) Fingerprints
All owners and employees who have not previously submitted their "LiveScan" fingerprint samples shall
submit their "LiveScan" fingerprint samples, at their own expense, through the City prior to being awarded
this Agreement, for the purposes of verifying their criminal history with the Department of Justice.
Failure to provide information regarding the identity of the owner, employee, or anyone else with a
financial interest in the Tow Operator will result in termination of this Agreement. The Tow Operator will
provide the City with information regarding any change in employee status immediately and update DTS
to reflect such changes. Failure to comply may result in further disciplinary action, and will be considered
a breach of this Agreement.
After execution of this Agreement, no person shall be employed by the Tow Operator or perform any
service under this Agreement until the background record check and "LiveScan" is completed and
approved by the City and said employee has received their identification badge from the City.
Notwithstanding the foregoing, Tow Operators and owners that have towed for the City under the previous
Tow Service Agreement and have completed a new background and "LiveScan" check will be allowed to
continue to tow for the City until such time as the results of the background and "LiveScan" submissions
are reviewed and approved by the City.
Any employee of the Tow Operator that has left employment with said Tow Operator and returned and
been rehired must complete an additional background check before performing services pursuant to this
Agreement
F.) Criminal Record
A conviction of anyone with a financial interest in the Tow Operator, or any employee of the Tow Operator,
including but not limited to any of the following offenses, may be cause for denial of application or
termination of this Agreement:
. Any crimes listed in California Penal Code section 290. DU|-Within 5 years of the Date of Fingerprintingo Vehicle theft. Fraud. Stolen property
. Crimes of Violence. Any felony crime relating to narcotics or any controlled substance. Any other crimes enumerated in CVC section 2432.3
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. Actively on parole or on any form of probation
. Crime of moral turpitude. Sex, Arson, Narcotics Registrant
. Other felony conviction
The City is not required to provide any reason, rationale or factual information in the event it elects to deny
application or remove any of Tow Operator's personnel from providing services for the City under this
Agreement. Tow driver or employee applicants denied under this section may appeal to the Chief of
Police or his/her designee. All decisions by the Chief of Police, or his/her designee, are final.
ln the event the Tow Operator or employee is convicted or is under investigation, the Tow Operator may
be given the opportunity to replace that employee without prejudice to the Agreement. Nothing shall
prohibit the City from removing, suspending or terminating the Agreement. lt will be the responsibility of
the Tow Operator to provide the City with updated information regarding any illegal activity, arrest(s) or
conviction of any Tow Operator and/or employee. For the purpose of this section, any conviction or plea
of guilty or nolo contendre, even to any lesser-included offense, are considered convictions. Failure to
provide information regarding the identity of the employee, or anyone else with a financial interest in the
Tow Operator will result in termination of the Agreement. Failure to provide information to the City of any
information regarding the conviction of any of the above crimes may also result in termination of the
Agreement.
G.) ldentificationBadges
Each tow truck driver or employee of the Tow Operator shall wear, in plain view an identification badge,
authorized and issued by the City to that employee, while on any call for service where the City is
involved. lf a tow truck driver responds to a scene without his authorized name badge, the tow truck
driver will be dismissed from the scene and the next Tow Operator in rotation will be called. Failure to
carry an identification badge will be considered a violation as stated in Section 31, "Disciplinary Action," of
this Agreement The purpose of these badges will be to identify those employees of the Tow Operator
who have been fingerprinted by the City and have passed the record check by the Department of Justice.
All identification badges are the property of the City and will be returned by the Tow Operator to the City
within forty-eight (48) hours of an employee's separation. Tow Operator will provide a current list of all
staff including drivers, dispatchers, etc. Anytime there are any changes to this list, the City is to be notified
by the next business day and provided with an updated and current list.
13. Tow Operator Licensinq and Gertification
All licensing and certifications required by Federal, State and local authorities shall be maintained current and
valid at all times as required in CVC sections. 34507.5,34600 et seq, 34620, and 1211'1, and sections 7231 et
seq, of the California Revenue and Taxation code. Failure to have any required license or certification, including
any driver who fails to have an appropriate class of license, may be grounds for immediate termination by City
without penalty.
14. lnspection
All real property and improvements thereon, and all vehicle facilities, equipment and materials used by the Tow
Operator in the performance of the services required herein shall be open to inspection by the City or its
authorized representative, and will be subject to no less than one annual inspection. Additional inspections may
be conducted without notice during normal business hours. lnspections may include, but are not limited to, all
books, accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose of auditing
or inspecting any aspect of performance directly related to this Agreement. ln the event that the City determines
that the real property and improvements thereon are insufficient, derelict or fail to meet the requirements as
called out in this Agreement, this Agreement may be terminated by City immediately, without penalty.
15. Vehicle and Equipment Requirements
Tow vehicles will be maintained in compliance with sections 24605, 25253, 25300, 27700 and 27907 of the
CVC. Tow vehicles will be of at least 14,000 lbs. GVWR with dual rear wheels, with the ability to tow two (2)
vehicles, or a vehicle and/or a trailer. Tow vehicles must have two-way communication capabilities and the
ability to communicate and connect with the DTS System at all times. The Tow Operator shall have equipment
capable of towing from off-road areas, towing from underground facilities, and recovery services wlth an
adjustable boom with at least five tons of lifting capacity. ln addition to the conventional wheel lift towing
capabilities, the Tow Operator shall maintain at least one or more flatbed or rollback trucks with a minimum of
fifty (50) feet of cable, and the required safety equipment. Unless otherwise specified by the City, all Tow
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Operators shall respond to a tow service request with a flatbed or rollback truck as specified above. At the
discretion of the tow operator, a wrecker may be used to respond to a tow service request. lf for any reason the
Tow Operator is unable to complete the tow service request with the wrecker, the Tow Operator will not be
placed back on the top of the rotation list and a new Tow Operator will receive the tow service request
A 3-axle or 25-ton truck is not required equipment. However, Tow Operators that possess this equipment will be
placed on a heavy-duty tow rotation list.
All trucks must have the required emergency lighting, portable stop and tail lamps, a broom, shovel, fire
extinguisher (rating 4-8, C), a utility light, reflective triangles, a large pry-bar, covered trash cans with approved
absorbent, rags, unlocking equipment, dollies (boom trucks), chains, and/or tie downs.
Wheel lift trucks will maintain at least 100 feet of cable and all safety equipment as required by the
manufacturer.
Tow vehicles must have a cable winch of sufficient size and capacity to retrieve vehicles that have gone off
traveled portions of roadways into inundated areas or other inaccessible locations. Winches must have visible
lD tags designating the model, make, serial number, and rated capacity.
All tow trucks used in City tows will be subject to a yearly inspection. This does not preclude the City from
conducting random inspections throughout the year.
16. Vehicleldentification
Tow vehicles shall display identification signs in compliance with section 27907 of the CVC. The Tow Operator
shall not display any sign or advertising material that indicates that his tow vehicles are an official police service
of the City.
17. Charqes and Fees to be collected from Reqistered Owners
All rates and charges shall be conspicuously posted in the office and in all tow vehicles. These rates shall quote
complete charges and fees with no additional fees to be added at a later date. These rates will be available for
review by City personnel and/or the person for whom tow service is provided. All fees collected shall be itemized
and invoiced in DTS in accordance to section 22651.07 of the CVC. lt will be the Tow Operator's responsibility
to collect his bill for service, and the City will not be responsible in any way for these charges. Storage fees will
be calculated on the calendar day except the first 24-hours which is counted as a single day in accordance with
California Civil Code (CCC) 3068.'1 (see Attachment B). Allfees listed on the DTS invoice will be received in the
form of major credit card, debit card, or cash. All fees collected, both City and Tow Operator fees, must be
invoiced through the DTS system prior to release and at the time of payment. No credit card fees will be
charged pursuant to CVC section 22651 I and CCC section 1748.1 for any portion of the fees The City
reserves the right to change all payment methods during the term of this agreement.
18. Lien Fees
At no time shall the City be charged a lien fee on a towed or impounded vehicle No lien shall be attached to
any vehicle that has been impounded by the City until after seventy-two (72) hours from the time of storage as
listed in the DTS system have passed pursuantto section 22851.12 of the CVC. All lien transactions must be
entered into the DTS system by Tow Operator. Vehicles sold at lien sale shall abide by all laws relating to lien
sales. A vehicle held in impound by the City for thirty (30) days, shall not be sold at lien until such time as is
considered reasonable to allow the registered owner time to pay for and pick up the vehicle before it is sold at
lien, but under no circumstances before the thirty-fifth (351h) day after storage.
The Tow Operator shall abide by all applicable statutes and ordinances concerning disposal of unclaimed
vehicles, including but not necessarily limited to CVC sections 22670:22851:22851.1:22851.2',22851.3',
2285 1 . 4; 2285 1 .6; 2285 1 .8: 2285 1 . 1 0, 2285 1 . 1 2 and 22852.5.
As described in CVC section 22856, liability for despoliation of evidence shall not arise against the Tow
Operator that sells any vehicle at, or disposes of any vehicle after, a lien sale, as long as the Tow Operator can
show written proof that he was notified in writing by the City that the vehicle would not be needed as evidence in
a legal action. This proof may exist in the form of an official release in the DTS System or any other written
conveyance signed by a member of the City prior to the official, written release of the vehicle.
- 15 -
19. Reasonableness and Validitv of Fees
Fees charged to the registered owner or any other person for response to calls originating from the City shall be
reasonable and not in excess of those rates charged for similar services provided in response to requests
initiated by any other public agency or private person. During the term of this agreement, the City shall conduct
an annual review each December of towing and storage fees of comparable cities and adjust rates set forth in
Attachment B by the first week of January of the following year.
20. Towinq Operation
All tows performed under this Agreement will be included in the flat rate charge as described in Attachment B.
No additional charges shall be charged without prior approval from the City and written notice is provided in the
DTS System. Any unapproved charges received outside the DTS System will result in immediate termination of
this Agreement and removal from the rotation list.
The Tow Operator shall base towing charges upon the class of vehicle being towed regardless of the class of
the truck used, except when vehicle recovery operations require a larger class truck. The Tow Operator may
refer to the tow truck classes and weight ratings as defined by the Towing & Recovery Association of America
(TRAA) vehicle identification guide.
21. Service Call Rotation and Fees
The City shall establish a separate rotation list for Tow Operators willing to respond to service requests (out of
gas, lockouts, tire changes, etc.) Rates for a service requests shall not exceed one-half the flat rate charge for a
light duty truck response.
22. Gate Fees
No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding State
recognized holidays as listed below:
New Year's Day
Martin Luther King Day
Presidents'Day
Cesar Chavez Day
Memorial Day
lndependence Day
Labor Day
Veterans'Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
An after hours gate fee may be charged at all other times. The gate fee is not to exceed fifty percent (50%) of
the flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal
property recovery that occurs outside normal business hours (excluding lien fees, storage fees, taxes, or other
additional fees.) The Tow Operator is responsible for assuring that proper gate fees are charged in accordance
with this section. Over charging gate fees will be considered a major violation as outlined in Section 30.
All towing and storage fees charged by the Tow Operator are the responsibility of the vehicle's owner and are
not the responsibility of the City. The exception would be evidentiary impounds made at the direction of City
personnel.
23. Cancelled Tow
The City shall not be liable to pay the Tow Operator or anyone else any charge or other fee for a call that does
not result in a chargeable seruice being rendered by Tow Operator ("Dry Run"). The cancelled Tow Operator
shall be placed back on the top of the rotation list and will receive the next tow rn rotation.
24. Towed in Error
ln the event the City determines that an error has occurred in impounding a vehicle, it shall be immediately
released to the registered owner without charge and the Tow Operator will be placed back on the top of the
rotation list and will receive the next tow in rotation. ln addition, the Tow Operator will be given one extra tows
on the rotation list. Additional extra tows may be given at the discretion of the Tow Unit.
25. Release Fees
California law authorizes the recovery of funds required to enforce certain provisions of the CVC and promote
traffic safety on public roadways. This authorization falls under CVC section 22850.5 and further authorized by
-16-
City resolutions. These resolutions are open to public view at the City and/or City offices and are on file with the
City's Traffic Bureau. The Tow Operator will collect fees on the behalf of the City from the registered owner,
legal owner or agent of an impounded car
A City administrative / franchise fee will be charged for the release of a vehicle that has been impounded by the
City. Fees will be established by an independent consulting firm to determine the City's costs associated with
impounding vehicles in accordance with CVC sections 22850.5 and 12110(b). All vehicles impounded will be
charged an administrative / franchise fee for the release of the vehicle. This fee will be established and attached
to each vehicle in the DTS System. The City's administrative fees will be collected at the time of the release by
the Tow Operator. The Tow Operator will pay the City's franchise fees equivalent to the City's administrative
fees for every vehicle that is not picked up by the owner or agent. The Tow Operator will pay the City's
administrative / franchise fees for every City vehicle that was towed during the preceding month and will pay the
City no later than l2:00 p.m. on the 15tn of the following month, regardless of the disposition of the vehicle. ln
the event that the 1Sth of the month falls on one of the State recognized holidays listed in Section 22 above, or a
weekend, the City's administrative/franchise fee must be paid by 12'.00 p.m. on the following business day. Tow
Operators who fail to submit the City's administrative / franchise fees to the City by the 15"'day of each month
will be immediately suspended from rotation until all fees are received, and will be subject to appropriate
disciplinary action and civil recourse. The City will keep a strict accounting of these fees through the DTS
System and frequent audits will take place to ensure accurate and timely payment of collected City
administrative / franchise fees. The fee will be listed as an item on the owner's / agent's DTS contractor invoice
26. UnauthorizedRelease
Unauthorized release of an impounded vehicle, accidental or othenrvise, having evidentiary value, not officially
released by the City, and determined to be the fault of the Tow Operator, will result in the issuance of a major
violation as set forth in this Agreement. The determination of such fault will be the responsibility of the City.
27. Release of Multi-Dav lmpounds
A vehicle impounded with a multiple day hold may only be released prior to the impound period with written
authorization by the City in the DTS System. The DïS System will automatically schedule the release of an
impounded vehicle.
28. Release of Vehicles
Vehicles may only be released through the DTS System. Once the DTS System authorizes the release of a
stored or impounded vehicle, it is the Tow Operator's responsibility for the vehicle's release. The Tow Operator
is hereby granted authority to release to the registered owner, legal owner, or authorized representative,
pursuant to section 22850.3 of the CVC. At the time of release, the Tow Operator shall have the registered
owner, legal owner, or authorized representative taking possession of the vehicle sign a release indicating that
they are properly licensed and insured to drive a motor vehicle.
29. DisciplinarvAction
The Chief of Police, or his/her designee, shall take disciplinary action against Tow Operators for violations
investigated and sustained. Unless otherwise noted, the Chief of Police, or his/her designee, will determine the
period of suspension and shall retain discretion regarding the length of any suspension imposed pursuant to the
terms and conditions of this Agreement. The City shall retain record of violations for at least the term of this
Agreement.
30. Maior violations
Major violations include any chargeable offense under Federal, State, Local Law and significant violations of this
Agreement. Such violations shall result in suspension or immediate termination of this Agreement. The Chief of
Police, or his/her designee, reserves the right to impose longer periods of suspensions or immediate
termination, if deemed appropriate in his/her sole discretion. The Chief of Police, or his/her designee, reserves
the right to remove a Tow Operator from the tow rotation during the investigation of a major violation A
reinstatement from suspension for a major violation will result in a ftve hundred dollar ($500.00) fee. Suspension
will not be lifted until the reinstatement fee is received by the Chief of Police or his/her designee. ln addition, a
major violation may also result in the Tow Operator's employee being removed from participation in this
Agreement. Examples of major violations include, but are not limited to:
. Physical assault, against public and/or law enforcement
o Verbal abuse against public and/or law enforcement
. Resisting arrest. Tow Truck Driver under the influence of alcohol or illegal drugs
-17 -
. Charging rates that exceed those listed in Attachment B
. Vehicle released without authorization. Unauthorized access to storage yard
. Theft. Mishandling of vehicles stored as evidence
. Unauthorized driver responding to call
o Failure to provide information or change of status on any Tow Operator employee or staff
. Substantiated private party impound complaints
. Any Felony/Misdemeanor arrest
. Refusalto take a rotational tow
. Failure to utilize the DTS System for all City towing related matters
. Repeated late or nonpayment of City franchise fees
. Failure to properly secure storage yard
. Failure to obey a lawful order by law enforcement
31. Minor violations
Minor violations will be given to the Tow Operator in the form of a documented warning for the first violation. The
second violation will be in the form of a documented reprimanded and a one hundred dollar ($100.00) fine.
Repeated minor violations during the term of the Agreement may be treated as a major violation, and the Tow
Operator will be suspended or terminated from this Agreement. A reinstatement from suspension will result in a
five hundred dollar ($500.00) fee. Suspension will not be lifted until the reinstatement fee is received by the
Chief of Police or his/her designee. Examples of minor violations include, but are not limited to:
. Late payment of City franchise fees
. Tow truck drivers not wearing City issued l.D. cards/ proper uniform
. Unauthorized arrival time in excess of thirty (30) minutes, or forty-five (45) minutes during peak hours
. Repeated rejection of dispatched calls
. Other violations of this Agreement not considered a major violation by the Chief of Police or his/her
designee
. Unauthorizedride-a-long. Failure to respond to customers' needs
. Failure to maintain proper equipment
o Failure to clean up at a collision scene
o Vehicle code infractions
32. Hearinq/Aopeal
Tow Operator must have a legal existing interest in the tow operation or entitlement subject to the City order,
citation, decision or determination to have standing to appeal a decision by the Chief of Police or his/her
designee. An appeal that fails to identify the appellant's standing may be rejected as defective.
ln the event FPD seryes Tow Operator with disciplinary action amounting to anything less than a suspension
resulting from a minor violation, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow Unit.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension for thirty (30) days or
less resulting from a minor or major violation, the Tow Operator may request a hearing within fìfteen (15)
calendar days by submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow
Unit. Upon receipt of a written request for an appeal, and at the discretion of the Chief of Police, or his/her
designee, the Tow Operator may be allowed to continue rotational tows until the final disposition of the appellate
hearing.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension in excess of thirty (30)
days, or termination of the TSA, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Administrative Hearing Officer by way of the City Manager's Office. The
written appeal shall be in compliance with FMC sections 1-407 and 9-1712. Notwithstanding any provision
within Chapter 1, Article4 of the FMC, any person who appeals a suspension in excess of thirty (30) days, ora
termination of the TSA shall not be entitled to placement on the Tow Rotation List or to participate in tows until
such time as any appeal hearing has been concluded and the Administrative Hearing Officer finds that no
grounds for a suspension in excess of thirty (30) days, or a termination of the TSA has been established. Tow
Operator's remedy shall be limited to reinstatement on the tow rotation list in such case and no other
compensation or consideration will be allowed
- 18 -
ATTACHMENT B
TOW FEES
Flat price per vehicle per call:
Light Duty ToMFlatbed $ 184.00/Each
Medium Duty Tow $ Average CHP Rates Apply
Heavy Duty Tow $ Average CHP Rates Apply
Water Recovery: $ Average CHP Rates Apply
Technoloov Fee:
DTS Software Fee per Vehicle Towed $ Charge listed in DTS Contract and DTS System
Storaqe Rates:
Passenger cars $ 45.00/per day
Motorcycles $ 45.00/per day
Trucks or Trailers $ Average CHP Rates Apply
lnside Storaqe Rates:
Passenger cars $ 55.00/per day
Motorcycles $ 55.00/per day
Trucks or Trailers $ Average CHP Rates Apply
Gate Fee: No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding
State recognized holidays as listed in the Agreement.
An after hours gate fee may be charged at all other times. The gate fee shall not exceed fifty percent (50%) of the
flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal property
recovery that occur outside normal business hours (excluding lien fees, storage fees, taxes, or other additional
fees).
Non{ow service calls (out of gas, lockouts, and flat tires) shall not exceed one-half the flat rate charge for a light
duty truck response.
City of Fresno Administrative / Franchise Fees:
Vehicle Collision Blocking a Roadway $ 60.00
lllegally Parked / Abandoned Vehicle $116.00
Unlicensed Driver / Expired Registration $189.00
Arrested / Suspended Driver $266.00
DUI Driver $450.00
AII fees listed on the DTS invoice will be received in the form of major credit card, debit card or cash. No
credit card fee will be charged pursuant to CVC section 22651.1 and CCC section 1748.1.
-19-
CITY OF FRESNO
NON-EXCLUSIVE FRANCHISE TOW AGREEMENT
FOR FRESNO POLICE DEPARTMENT
This Non-exclusive Franchise Tow Agreement (TSA) is entered into effect on the 28th day of December 2014 set
forth below, at Fresno, California, between the City of Fresno, a municipal corporation (City) and Robinsons
Towing, a sole proprietorship (the Tow Operator).
This Agreement, including all attachments, contains rules and regulations that a tow company agrees to comply
with in order to participate in the tow operations of the City of Fresno Police Department (FPD). Participation in
the FPD Rotation Tow Program (Tow Program) is voluntary. Compliance with all of the terms and conditions of
the Agreement is mandatory for tow companies participating in the Tow Program. A Tow Operator, by agreeing
to participate in the Tow Program, is not acting as an agent for FPD or City when performing services under this
Agreement.
1. Governing Law and Venue
This Agreement shall be governed by, and construed enforced in accordance with, the laws of the State of
California excluding, however, any conflict of laws rule which would apply the law of another jurisdiction Venue
for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any
rights and duties hereunder shall be the County of Fresno, California.
2. Entire Aqreement
This Agreement, its attachments and exhibits, when accepted by the Tow Operator either in writing or
commencement of performance hereunder, contains the entire Agreement between the parties with respect to
the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth
herein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by
City in writing.
3. Amendments
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the
parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties;
and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in
writing.
4. Assiqnment or Sub Contractinq
The terms, covenants, and conditions contained herein shall apply to the parties. Furthermore, neither the
performance of this Agreement nor any portion thereof may be assigned or subcontracted by Tow Operator
without the express written consent of City. Any attempt by Tow Operator to assign or subcontract the
performance or any portion of this Agreement without the express written consent of City shall be invalid and
shall constitute a breach of this Agreement.
5. PatenUCoovriqhtMaterials/Proprietarvlnfrinqement
Unless otherwise expressly provided in this Agreement, Tow Operator shall be solely responsible for obtaining a
license or other authorization to use any patented or copyrighted materials in the performance of this
Agreement. Tow Operator warrants that any Software as modified through services provided hereunder will not
infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Tow Operator
agrees that, in accordance with the more specific requirement below, it shall indemnify, defend and hold City
and City lndemnitees harmless from any and all such claims and be responsible for payment of all costs,
damages, penalties and expenses related to or arising from such claim(s), including, but not limited to,
attorney's fees, costs and expenses.
6. Non-Discrimination
ln the performance of this Agreement, Tow Operator agrees that it will comply with the requirements of section
1735 of the California Labor Code and not engage nor permit any Tow Operators to engage in discrimination in
employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, marital status, or sex of such persons. Tow Operator acknowledges that a
violation of this provision shall subject Tow Operator to all the penalties imposed for a violation of anti-
discrimination law or regulation, including but not limited to, section 1720 eT seq. of the California Labor Code.
1
7. Termination
ln addition to any other remedies or rights it may have by law, City has the right to terminate this Agreement
without penalty immediately with cause and either party may terminate after thirty (30) days wriüen notice
without cause, unless othen¡vise specified. Cause shall be defined as any breach of this Agreement or any
misrepresentation or fraud on the part of the Tow Operator. Exercise by City of its right to terminate the
Agreement shall relieve City of all further obligation.
8. Gonsent to Breach Not Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or
consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any
party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver
of, or excuse for any other different or subsequent breach.
9. Remedies Not Exclusive
The remedies for breach set forth in this Agreement are cumulative as to one another and as to any other
provided by law, rather than exclusive; and the expression of certain remedies in this Agreement does not
preclude resort by either party to any other remedies provided by law.
10. lndependent Tow Operator
Tow Operator shall be considered an independent Tow Operator and neither Tow Operator, its employees nor
anyone working under Tow Operator shall be considered an agent or an employee of City. Neither Tow
Operator, its employees nor anyone working under Tow Operator, shall qualify for workers' compensation or
other fringe benefits of any kind through City.
11. Performance
Tow Operator shall perform all work under this Agreement, taking necessary steps and precautions to perform
the work to City's satisfaction. Tow Operator shall be responsible for the professional quality, technical
assurance, timely completion, and coordination of all documentation and other goods/services furnished by Tow
Operator under this Agreement. Tow Operator shall: perform all work diligently, carefully, and in a good and
workman-like manner; furnish all labor, supervrsion, machinery, equipment, materials, and supplies necessary
therefore; at its sole expense obtain and maintain all permits and licenses required by public authorities,
including those of City required in its governmental capacity, in connection with performance of the work; and, if
permitted to subcontract, be fully responsible for all work performed by sub-Tow Operators.
12. lndemnification
A) Tow Operator shall indemnify, hold harmless and defend City and each of its officers, officials,
employees, agents and authorized volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to
personal injury, death at any time and property damage) incurred by City, Tow Operator, or any
other person, and from any and all claims, demands and actions in law or equity (including
attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of
performance of this Agreement. Tow Operator's obligations under the preceding sentence shall
apply regardless of whether City or any of its officers, officials, employees, agents or authorized
volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeltures, costs or
damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any
of its officers, officials, employees, agents or authorized volunteers.
B) lf Tow Operator should subcontract all or any portion of the work to be performed under this
Agreement, Tow Operator shall requrre each subcontractor to indemnify, hold harmless and defend
City and each of its officers, officials, employees, agents and authorized volunteers in accordance
with the terms of the preceding paragraph.
C) This section shall survive termination or expiration of this Agreement.
13. lnsurance
A) Throughout the life of this Agreement, Tow Operator shall pay for and maintain in full force and
effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted
by the California lnsurance Commissioner to do business in the State of California and rated not
less than 'A-Vll" in Best's lnsurance Rating Guide, or (ii) authorized by City's Risk Manager The
following policies of insurance are required:
2
5)
B)
1) COMMERCIAL GENERAL LIABILITY insurance which shall be on the most current version of
lnsurance Services Office (lSO) Commercial General Liability Coverage Form CG 00 01 and
include insurance for "bodily injury," "property damage" and "personal and advertising injury"
with coverage for premises and operations, products and completed operations, and
contractual liability (including, without limitation, indemnity obligations under the Agreement)
with limits of liability of not less than $1,000,000 per occurrence for bodily injury and property
damage, $1,000,000 per occurrence for personal and advertising injury and $2,000,000
aggregate for products and completed operations and $2,000,000 general aggregate.
2) GARAGEKEEPERS LEGAL LIABILITY insurance which shall include coverage for vehicles in
the care, custody, and control of the Tow Operator with limits of liability of not less than
$120,000 per occurrence for property damage.
3) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be on the most current
version of lnsurance Service Office (lSO) Business Auto Coverage Form CA 00 01, and
include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles
(Code 1- Any Auto) with limits of not less than $1,000,000 per accident for bodily injury and
property damage.
4) ON-HOOI(CARGO insurance which shall include coverage for vehicles in tow with limits of
liability based on the size of the tow truck, which are as follows:
a) Class A/B tow truck... . .. ... . .. $120,000
b) Class C tow truck... ... $200,000
c) Class D tow truck... ...$300,000
WORKERS' COMPENSATION insurance as required under the California Labor Code and
EMPLOYERS' LIABILITY insurance with minimum limits of $1,000,000 each accident, $1,000,000
disease policy limit and $1,000,000 disease each employee.
Tow Operator shall be responsible for payment of any deductibles contained in any insurance
policies required hereunder and Tow Operator shall also be responsible for payment of any self-
insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate
of lnsurance and approved by the City's Risk Manager or his/her designee. At the option of the
City's Risk Manager, or his/her designee, either:
1) The insurer shall reduce or eliminate such deductibles or self-insured retent¡on as
respects City, its officers, officials, employees, agents and volunteers; or
2) Tow Operation shall provide a financial guarantee, satisfactory to City's Risk Manager, or
his/her designee, guaranteeing payment of losses and related investigations, claim
administration and defense expenses. At no time shall City be responsible for the payment of
any deductibles or self-insured retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30)
calendar days written notice in favor of City of policy cancellation, change or reduction of coverage,
except for the Workers'Compensation policy which shall provide ten (10) calendar days written
notice of such cancellation, change or reduction of coverage. ln the event any policies are due to
expire during the term of this Agreement, Tow Operator shall provide a new certificate and all
applicable endorsements evidencing renewal of such policy prior to the expiration date of the
expiring policy(ies) to the Chief of Police, or his/her designee, and the City's Risk Division. Upon
issuance by the insurer, broker, or agent of a notice of cancellation, change or reduction in
coverage, Tow Operator shall file with the Chief of Police, or his/her designee, and the City's Risk
Division, a new certificate and all applicable endorsements for such policy(ies).
The General Liability, Automobile Liability and Garagekeepers Legal Liability insurance policies
shall be written on an occurrence form and shall name City, its officers, officials, agents, employees
and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Tow
Operator's insurance shall be primary with respect to the City, its officers, officials, employees,
agents and authorized volunteers with no contribution required of City Any Workers' Compensation
insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents,
c)
D)
3
employees and authorized volunteers. Tow Operator shall have furnished City with the certificate(s)
and applicable endorsements for ALL required insurance prior to City's execution of the Agreement.
E) The fact that insurance is obtained by Tow Operator shall not be deemed to release or diminish the
liability of Tow Operator, including, without limitation, liability under the indemnity provisions of this
Agreement. City shall apply to all claims and liability regardless of whether any insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by Tow Operator. Approval or purchase of any insurance contracts or policies shall in no
way relieve from liability nor limit the liability of Tow Operator, its principals, officers, agents,
employees, persons under the supervision of Tow Operator, vendors, suppliers, invitees,
consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of
them.
F) Upon request of City, Tow Operator shall immediately furnish City with a complete copy of any
insurance policy required under this Agreement, including all endorsements, with said copy certified
by the undenruriter to be a true and correct copy of the original policy. This requirement shall survive
expiration or termination of this Agreement.
G) lf at any time during the life of the Agreement or any extension, Tow Operator fails to maintain the
required insurance in full force and effect, all work under this Agreement shall be discontinued
immediately until notice is received by City that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory to City.
Any failure to maintain the required insurance shall be sufficient cause for City to terminate this
Agreement.
H) lf Tow Operator should subcontract all or any portion of the work to be performed, Tow Operator
shall require each subcontractor to provide insurance protection in favor of the City, its officer,
officials, employees, agents and authorized volunteers in accordance with the terms of each of the
preceding paragraphs, except that the subcontractors certificates and endorsements shall be on file
with the Tow Operator and City prior to the commencement of any work by the subcontractor.
14. Bills and Liens
Tow Operator shall pay promptly all indebtedness for labor, materials, and equipment used in performance of
the work. Tow Operator shall not permit any lien or charge to attach to the work or the premises, but if any does
so attach, Tow Operator shall promptly procure its release and indemnify, defend, and hold City harmless and
be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related
thereto.
15. Chanqe of Control
Tow Operator agrees that if there is a change or transfer in ownership or control of the Tow Operator's business
prior to completion of this Agreement, unless such change or transfer is to "immediate family" as defined in
Fresno Municipal Code (FMC) section 3-101(e) and approved in writing by the Chief of Police, or his/her
designee, such change or transfer shall terminate this Agreement. This includes but is not limited to changes in:
Corporate Board Members, Managers, Directors, Treasurer, Trustees, or ownership interests. All changes or
transfers to "immediate family" must be approved by the Chief of Police, or his/her designee, prior to such
change or transfer in order for the Tow Operator to remain on the tow services list. Final written approval or
disapproval for the change or transfer in ownership or control will be given by the Chief of Police or his/her
designee. All "immediate family" members involved in the potential transfer and operation of the Tow Operator
shall be required to undergo a background check, review, and "Livescan" fingerprint screening. The "immediate
family" members involved in the change or transfer of ownership or control must also possess and keep current
all licensing certificates and insurance as required in this Agreement. The "immediate family" members who will
operate or othenryise be legally responsible for the Tow Operator will be required to execute a new TSA.
A) Tow Operator owners shall be directly involved in the day-to-day operations of their
business and shall not be directly involved in the towing-related business of any other tow
company on, or applicant for, the Tow Rotation List. Co-mingling of operations, business,
offices, board members, and finances is strictly prohibited.
B) lf terminated or suspended, Tow Operator and/or its owner at the time of the suspension or
termination, shall not be eligible for a rotation listing for the duration of the suspension or
termination. This section applies to the Tow Operator working in any capacity within any tow
4
business or operating any tow business and to the tow business even if operated under new
ownership.
C) Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow
Rotation List, excluding equipment which may be unavailable due to repairs or when there is a need
for equipment replacement and written approval is obtained from the Chief of Police or his/her
designee.
16. Force Maieure
Tow Operator shall not be in breach of this Agreement caused by any act of God, war, civil disorder,
employment strike or other cause beyond its reasonable control, provided Tow Operator gives written notice of
the cause of the delay to City within thirty-six (36) hours of the start of the delay and Tow Operator avails itself of
any available remedies.
17. Confidentialitv
Tow Operator agrees to maintain the confidentiality of all City and City-related records and information pursuant
to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term
of this Agreement. All such records and information shall be considered confidential and kept confidential by
Tow Operator and Tow Operator's staff, agents and employees.
18. Compliance with Laws
Tow Operator represents and warrants that services to be provided under this Agreement shall fully comply, at
Tow Operator's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and
regulations, including, but not limited to those issued by City in its governmental capacity and all other laws
applicable to the services at the time services are provided to and accepted by City. Tow Operator
acknowledges that City is relying on Tow Operator to ensure such compliance (collectively Laws). Tow Operator
agrees that it shall defend, indemnify and hold City and City lndemnitees harmless from all liability, damages,
costs, and expenses arising from or related to a violation of Laws.
19. Pricinq
The Agreement price shall include full compensation for providing all required services in accordance with the
Scope of Work attached to this Agreement, and no additional compensation will be allowed therefore, unless
otherwise provided for in this Agreement. Tow Operator shall pay the City Franchise Fees as listed in
Attachment "8", or "City Administrative / Franchise Fees", in accordance with Paragrapl-r 25 of Attachment "4".
20. Terms and Conditions
Tow Operator acknowledges that the undersigned has read and agrees to all terms and conditions included in
this Agreement.
21. Severabilitv
lf any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired or invalidated thereby.
22. Galendar Davs
Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless
otherwise expressly provided.
23. Attornev Fees
lf either party is required to commence any proceeding or legal action to enforce any term, covenant or condition
of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other
party its reasonable Attorney's fees and legal expenses
24. lnterpretation
This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in
the malters dealt with in this Agreement. ln addition, each party has been represented by experienced and
knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel
despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have
not been influenced to any extent whatsoever in executing this Agreement by any other party hereto or by any
person representing them, or both. Accordingly, any rule or law (including California Civil Code section 1654) or
iegal decision that would require interpretation of any ambiguities in this Agreement against the party that has
5
drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable
manner to affect the purpose of the parties and this Agreement.
25. Authoritv
The parties to this Agreement represent and warrant that this Agreement has been duly authorized and
executed and constitute the legally binding obligation of their respective organization or entity, enforceable in
accordance with its terms.
26. Emplovee Eliqibilitv Verification
Tow Operator warrants that it fully complies with all Federal and State statutes and regulations regarding the
employment of aliens and others and that all its employees performing work under this Agreement meet the
citizenship or alien status requirement set forth in Federal statutes and regulations. Tow Operator shall obtain,
from all employees performing work hereunder, all verification and other documentation of employment eligibility
status required by Federal or State statutes and regulations including, but not limited to, the lmmigration Reform
and Control Act of 1986, I U.S.C. 51324 et seq., as they currently exist and as they may be hereafter amended.
Tow Operator shall retain all such documentation for all covered employees for the period prescribed by the law.
Tow Operator shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its
agents, officers, and employees from employer sanctions and any other liability which may be assessed against
Tow Operator or City or both in connection with any alleged violation of any Federal or State statutes or
regulations pertaining to the eligibility for employment of any persons performing work under this Agreement.
27. Additional Terms and ConditionsA) Term of Agreement: This Agreement shall commence on December 28, 2014, and shall be
effective for three (3) years from that date, unless otherwise terminated by City.
B) Fiscal Appropriations: This Agreement is subject to and contingent upon applicable budgetary
appropriations being made by the City for each year during the term of this Agreement. lf such
appropriations are not forthcoming, the Agreement will be terminated without penalty. Tow
Operator acknowledges that funding or portions of funding for this Agreement may also be
contingent upon the receipt of funds from, and/or appropriation of funds by City. lf such funding
and/or appropriations are not forthcoming, or are othen¡vise limited, City may immediately terminate
or modify this Agreement without penalty.
C) Conflict of Interest (Tow Operator): Tow Operator shall exercise reasonable care and diligence to
prevent any actions or conditions that result in a conflict with the best interest of City. This
obligation shall apply to Tow Operator, Tow Operator's employees, agents, relatives, and third
parties associated with accomplishing the work hereunder. Tow Operator's efforts shall include, but
not be limited to, establishing precautions to prevent its employees or agents from making,
receiving, providing, or offering gifts, entertainment, payments, loans, or other considerations which
could be deemed to appear to influence individuals to act contrary to the best interest of City.
D) Tow Operator Work Hours and Safety Standards: Tow Operator shall ensure compliance with all
safety and hourly requirements for employees, in accordance with federal, state, and City safety
and health regulations and laws.
E) Orderly Termination: Upon termination or other expiration of this Agreement, each party shall
promptly return to the other party all papers, materials, and other properties of the other held by
each for purposes of execution of the Agreement. ln addition, each party will assist the other Party
in orderly termination of this Agreement and the transfer of all aspects, tangible and intangible, as
may be necessary for the orderly, non-disruptive business continuation of each party
F) Reprocurement Gosts: ln the case of default by Tow Operator, City may procure the service from
other sources and, if the cost is higher, Tow Operator will be held responsible to pay City the
difference between the Agreement cost and the price paid. City may make reasonable efforts to
obtain the prevailing market price at the time such services are rendered. This is in addition to any
other remedies available under law.
G) Authorization Warranty: Tow Operator represents and warrants that the person executing this
Agreement on behalf of and for Tow Operator is an authorized agent who has actual authority to
bind Tow Operator to each and every term, condition, and obligation of this Agreement and that all
requirements of Tow Operator have been fulfilled to provide such actual authority.
6
28.
H) Notices: Any and all notices permitted or required to be given hereunder shall be deemed duly
given ('1)upon actualdelivery, if delivery is by hand; or (2) upon delivery by the United States mail if
delivery is by postage paid registered or certified return receipt requested mail; or (3) through
electronic means such as, email or the Dispatch & Tracking Solutions Software System (DTS).
l) Data - Title to. All materials, documents, data or information obtained from City data files or any
City medium furnished to Tow Operator in the performance of this Agreement will at all times remain
the property of City. Such data or information may not be used or copied for direct or indirect use
by Tow Operator after completion or termination of this Agreement without the express written
consent of City. All materials, documents, data or information, including copies, must be returned to
City at the end of this Agreement.
J) Usage: No guarantee is given by City to Tow Operator regarding usage of this Agreement. Usage
figures, if provided, are approximate, based upon the last usage. Tow Operator agrees to supply
services and/or commodities requested, as needed by City, at prices listed in the Agreement,
regardless of quantity requested.
K) Tow Operator's Records: Tow Operator shall keep true and accurate accounts, records, books
and data which shall correctly reflect the business transacted by Tow Operator in accordance with
generally accepted accounting principles. These records shall be stored at the Tow Operators
principal place of business for a period of three (3) years after final payment is received by City.
L) Audits/lnspections: Tow Operator agrees to permit City's authorized representative (including
auditors from a private auditing firm hired by City) access during normal working hours to all books,
accounts, records, reports, fìles, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose
of auditing or inspecting any aspect of performance under this Agreement. The inspection and/or
audit will be confined to those matters connected with the performance of the Agreement including,
but not limited to, the costs of administering the Agreement. City reserves the right to audit and
verify Tow Operator's records before or after final payment is made
Tow Operator agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of records retention is stipulated under this Agreement or
by law. Tow Operator agrees to allow interviews of any employees or others who might reasonably
have information related to such records. Further, Tow Operator agrees to include a similar right to
City to audit records and interview staff of any sub-Tow Operator related to performance of this
Agreement.
M) Should Tow Operator cease to exist as a legal entity, Tow Operator's records pertaining to this
Agreement shall be forwarded to the Chief of Police or his/her designee.
Disputes-AqreementA) The Parties shall deal in good faith and attempt to resolve potential disputes informally.
1) Tow Operator shall submit to the Chief of Police, or his/her designee, a written demand for a
final decision regarding the disposition of any dispute between the parties arising under,
related to, or involving this Agreement, unless City, on its own initiatlve, has already rendered
such a final decision.2) Tow Operator's written demand shall be fully supported by factual information, and, if such
demand involves a cost adjustment to the Agreement, Tow Operator shall include with the
demand a written statement signed by a senior official indicating that the demand is made rn
good faith, that the supporting data are accurate and complete, and that the amount
requested accurately reflects the Agreement adjustment for which Tow Operator believes City
is liable.
B) Pending the final resolution of any dispute arising under, related to, or involving this Agreement,
Tow Operator agrees to diligently proceed with the performance of this Agreement. Tow Operator's
failure to diligently proceed shall be considered a material breach of this Agreement.
C) Any final decision of City shall be expressly identifìed as such, shall be in writing, and shall be
signed by the City Hearing Administrative Officer, or Chief of Police, or his/her designee, as
applicable. lf City fails to render a decision within ninety (90) days after receipt of Tow Operator's
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demand, it shall be deemed a final decision adverse to Tow Operator's contentions. City's final
decision shall be conclusive and binding regarding the dispute unless Tow Operator commences
action in a court of competent jurisdiction.
29. Breach of Aqreement
The failure of the Tow Operator to comply with any of the provisions, covenants or conditions of this Agreement
shall be a material breach of this Agreement. ln such event the City may, and in addition to any other remedies
available at law, in equity, or othen¡vise specified in this Agreement, undertake any of the individual actions or
any combination of the following actions:
1) Afford the Tow Operator written notice of the breach and ten calendar days or such
shorter time that may be specified in this Agreement within which to cure the
breach;
2) Suspend and/or remove Tow Operator from the rotation;
3) Terminate the Agreement immediately, without any penalty.
The Parties hereto have executed this Agreement.
Title:
TOW OPERATOR*:
Print Name'Date'
*lf a corporation or limited liability company, the document must be signed by two corporate officers. The first signature
must be either the Chairman of the Board, President, or any Vice President. The second signature must be the
secretary, an assistant secretary, the Chief Financial Officer, or any assistant treasurers. ln the alternative, a single
signature is acceptable when accompanied by a corporate document demonstrating the legal authority of the
signature to bind the company.
APPROVED AS TO FORM
DOUGLAS T. SL
City
Date:
Date:By
By:: Date:t zf zz), y
CITY OF FRESNO.
þrano{an 14 .6lt.f
ATTEST:
WONNE SPENCE, CMC
City Clerk
I
i"'Jå."äP='l[f-
1. Scope of Work
Tow Operator shall perform the towing, and storage of vehicles as directed by the City, and in addition, such
other services as provided in this Scope of Work, and shall provide necessary storage facility, tow vehicles,
labor, materials, equipment, machinery, and tools. The Tow Operator shall comply with all State laws and
regulations, applicable to tow units and impound, towing, storage, selling or junking of vehicles. Tow operators
must follow all guidelines set forth by equipment manufactures recommendations as to their use and care of all
towing related equipment. All permits and licensing fees as specified under California Vehicle Code (CVC)
sections 34620 through 34624 shall be in fullforce and effect at alltimes during this Agreement. Any violation of
this section will be considered a material breach of the Agreement and may result in immediate termination of
this Agreement.
2. Towinq Services and Duties
It shall be the duty of the Tow Operator, when so directed by the City, to provide prompt tow service for vehicles
which are taken into custody by the City. This includes vehicles involved in collisions or disabled by any other
cause, abandoned in public places or on private property. Vehicles impounded for evidence, impeding the flow
of traffic, or which for any other reason, are within the jurisdiction of the FPD. As required by law, Tow
Operators are to remove from the street all debris resultrng from said collisions and to clean the immediate area
of such street (CVC section 27700(a)(1)). lt shall also be the duty to provide for the safety and security of those
vehicles and the contents thereof. These duties are inherent to the job and are to be included in the price of the
basic tow bill.
The tow truck operator shall provide a business card to the registered owner or driver for the vehicle being
towed. The business card shall contain the name, address and phone number of the tow company as well as
the link to the vehicle search system in DTS as follows: www.findmytow.com
Tow truck operators and/or drivers will not be permitted to drive an impounded or recovered stolen vehicle or
vehicle intended for storage from a FPD rotation call or special operation. Any exceptions must be at the
direction of the FPD officer in charge of the scene and should be limited to repositioning the vehicle to allow for
towing.
The City has designated two (2) tow companies for evidence impound tows and no other rotation tow company
shall maintain custody over these vehicles at any time. lf an officer impounds a vehicle for evidence and a non-
preference rotational tow is dispatched, it is the responsibility of the tow driver to verify with the officer on scene
as to whether a vehicle is to be held for evidence. lf it is determined that the vehicle is to be held for evidence,
the tow driver must immediately notify the officer on scene that the company is not authorized to handle
evidence impounds and an evrdence tow company shall be dispatched. Tow Operator shall then contact the
Tow Unit on the same business day, or within the next business day if such tow occurs after regular business
hours. Acceptance of an evidence tow by a non-designated evidence tow company will result in disciplinary
action and full financial responsibility for all tow and storage fees for each violation.
lf terminated or suspended, Tow Operator and/or owner at the time of the suspension or termination, shall not
be eligible for a rotation listing for the duration of the suspension or termination. This provision applies to the
Tow Operator working in any capacity within any tow business or operating any tow business and to the tow
business even if operated under new ownership.
Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow Rotation List,
excluding equipment which may be unavailable due to repairs or when there is a need for equipment
replacement and written notice has been obtained from FPD
3. SpecialOperations
FPD conducts special operations coordinated through the Traffic Bureau throughout the year that requires tow
companies at the location of the special operation. Tow companies on the Tow Rotation List that are in good
standing with FPD may be invited to participate in these operations, provided they are willing to remain with the
special operation until its conclusion and forfeit any rotational tow calls (FPD, California Highway Patrol, or
other) received during the duration of the operation. "Good standing" shall mean that Tow Operator has not
violated, or is not in violation of the terms of this Agreement, the provisions of the FMC, State, or Federal law.
All special operations tows will be subject to the provisions of this Agreement. Tow Operator shall respond to a
o
special operation with a flatbed tow truck with the capability of towing (2) vehicles. No ride alongs will be allowed
on any special operations unless the ride along is the Tow Owner or a Tow Driver who is in training and has
been approved by FPD.
4. Signage and hours of Operation
The storage yard or business office shall have a sign that clearly identifies it to the public as a towing service.
The sign shall have letters that are clearly visible to the public from the street and must be visible at night. All
storage facilities must be accessible to City personnel twenty-four (24) hours per day and seven (7) days per
week. The Tow Operator will provide customer service twenty-four (24) hours per day and seven (7) days per
week for the release of vehicles.
Tow Operator shall provide at least one person at a call station to respond and release vehicles within thirty (30)
minutes. Tow Operator shall maintain all signage required pursuant to CVC sections 228503 and22651.07
and include an after-hours contact phone number for Tow Operator.
5. Response Time
Tow Operator shall respond to calls twenty-four (24) hours a day, seven (7) days a week, within the maximum
response time limits as established by the Chief of Police or his/her designee. A reasonable response time is
thirty (30) minutes or less, except during peak hours of 7:00 a.m. to 9:00 a.m. and 4:00 p m. to 6:00 p.m.,
(Monday through Friday), when the required response time will be extended to forty-five (45) minutes or less.
Tow Operator shall respond with a tow truck of the class required to tow the vehicle specified by the DTS
System.
6. Non-Response
The Tow Operator shall update the DTS System at the time of dispatch to a tow rotation request. lf the Tow
Operator is either unable to respond or unable to meet the maximum response time, the tow operator shall
immediately update the DTS System accordingly. lf, after accepting the call, the Tow Operator is unable to
respond or will be delayed in responding, the Tow Operator shall immediately update the DTS system
accordingly.
To decline or refuse to respond will be considered a non-response. Each non-response will be immediately
documented in the DTS System. Each non-response will be logged by the DTS System and reviewed by the
City. lf the fault for the non-response is attributed to other than the Tow Operator, the Tow Operator will be
placed back in the rotational list and called at the next opportunity in line.
One such breach, determined to be the fault of the Tow Operator, will be grounds for written reprimand which
may be subsequent to a meeting between the Tow Operator and the City. A second breach may be grounds for
a (30) thirty-day suspension of this Agreement. A third violation will be considered a material breach of the
Agreement and may result in immediate termination of this Agreement.
ln the case of suspension or termination, all vehicles then in storage at the time of the suspension or termination
remain protected under this Agreement as City's impounds and the Tow Operator is so bound. The City will
have the option to remove and/or transfer stored vehicles.
When a Tow Operator will be temporarily unavailable to provide services due to preplanned/scheduled activity,
such as a vacation, maintenance, medical leave, etc., the Tow Operator will notify City in writing via the DTS
system at least forty-eight (48) hours in advance. City reserves the right to deny these requests to maintain
adequate service levels for tow operations. Failure to notify the City will be considered a non-response and a
material breach of this agreement.
7. StoraqeResponsibilities
It shall be the duty of the Tow Operator to provide impound and other storage service for all vehicles as directed
by the City. The Tow Operator shall be responsible for all vehicles, accessories and equipment thereon and all
personal property therein stored by Tow Operator. lt shall be the Tow Operators' duty to protect such stored
vehicles, accessories, equipment, and property against all loss or damage by fire, theft or other causes. The
Tow Operator will have available for review by City personnel, all permits and proof of compliance to all local
zoning, special use, conditional use and special requirements, laws and regulation. lt is the responsibility of the
Tow Operator to ensure vehicles are stored in a secured facility.
8. Size and Location of Storaqe Facilitv
The tow yard shall be located within the City of Fresno's "Metropolitan Area." Metropolitan area is defined as
within the borders of Copper Avenue to the north, American Avenue to the south, DeWolf Avenue to the east,
_ l0 _
and Chateau Fresno to the west Tow Operator shall be responsible for the security of vehicles and property at
the place of storage At a minimum, a six (6) foot fence or enclosed secured area is required for outside
storage. A minimum of 5,000 square feet, or room for twenty (20) vehicles, shall be provided. All tow yards
located with the City of Fresno shall be in compliance with the FMC, current Directors Class #208 and shall
follow the current Development and Resource Management Department's Policy and Procedure C-002. lf the
tow facility is located outside the City of Fresno, the tow operator is required to provide written proof that the
yard is in compliance with the authorizing jurisdiction. Tow Operator is responsible for the reasonable care,
custody, and control of any property contained in towed or stored vehicles. The storage facility and business
office will be located at the primary storage yard and shall be maintained in a functional, clean and orderly
fashion. The facility shall have a telephone, on-site fax machine and the necessary computer equipment to
properly run DTS software and to send and receive email.
ln the event of criminal activity at a storage facility, the City may require the Tow Operator to take measures to
assist in preventing such crimes. These measures could include, but are not limited to: the yard being
illuminated during darkness, with security type lighting, to such a degree that visual observation of the entire
yard may be accomplished at all times, improved fencing and/or security patrols.
All vehicles stored or impounded as a result of a tow ordered by the City shall be towed directly to a towing
service storage lot unless the City, or in the case of a citizen's assist, a person legally in charge of the vehicle,
requests that it be taken to some other location.
All vehicles towed as a result of action taken by the City will be stored at the Tow Operator's principal place of
business unless directed otherwise by the City's Tow Coordinator. Vehicles stored at an auxiliary storage facility
will be considered a breach of this Agreement. The Tow Operator shall not remove personal property from a
stored vehicle. lf the registered owner removes personal property from a stored vehicle, the Tow Operator will
maintain documentation of such and will require a signed receipt from the registered owner for property
released. The Tow Operator shall immediately notify the City if any contraband, weapons or hazardous
materials are found in the vehicle(s).
9. Enclosed Facilitv
The Tow Operator may maintain, without charge to the City or any other person, separate and enclosed garage
facilities no less than 1,000 square feet of clean working space. The facility must be constructed to include a
roof and at least four walls of substantial design to withstand the elements and protect the vehicles from the
weather. The facility should have a concrete floor and sufficient lighting. This inside facility must be located at
the Tow Operator's primary storage yard. This inside facility is not required to qualify for the City's rotation,
however, when inside storage is requested for a particular vehicle, the next Tow Operator in line meeting the
needs of the City's request will be used.
10. DTS Requirements
Tow Operator shall utilize the most recent, updated and upgraded DTS software program, to dispatch and track,
via a web-based lnternet connection. Tow Operators will be required to enter the towed vehicle information as
instructed by the City. At no time will a vehicle be released, subject to lien, or junked from impound without all
required data fields being entered into the DTS system by the Tow Operator. The Tow Operator shall clearly
identify and enter into DTS the name of the person to whom the vehicle was actually released. All City tow
requests shall be made utilizing this program. Failure at any time to have the DTS program in full operation shall
cause the immediate removal of the Tow Operator from the tow rotation and be grounds for immediate
termination by City. Tow Operator must enter into a separate agreement, or license for the DTS software
program with the owner of that proprietary software. ïhe City shall not provide the DTS software program, any
licensing or sub-licensing thereof or any intermediary services for the procurement by Tow Operator of the DTS
software program. This Agreement shall not be executed by the City until Tow Operator has demonstrated to
the City's satisfaction compliance with the requirements set forth herein. Tow Operator shall be liable for all
fees, charges, prices, rates and service charges required from DTS. DTS shall be utilized in "real time" and all
entries should reflect as such. lnvoices shall be used from DTS when releasing vehicles and be pursuant to
section 22651.07 of the CVC. The only Tow Operator personnel authorized to utilize and access DTS are those
that have fully complied with the provisions set forth in Section 12, "Tow Operator Personnel" of this Agreement.
lf the Tow Operator is not in FULL compliance with the above stated requirement, the Tow Operator will be
removed from the City towing rotation. ln the event that DTS fails to provide software services, or the City elects
to utilize a new software provider, the Tow Operator will be required to use the replacement towing software
system. lf that occurs, all references to DTS in this Agreement shall instead be interpreted as references to the
new software program.
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11. Official Notification bv Citv Reqardinq Tow
Official notification by City regarding tow services is considered any form of written, email, verbal instructions or
notifications received from an authorized City employee or electronic notice from the DTS program. lf the Tow
Operator receives verbal instructions or notifications from a City employee the Tow Operator must respond to
City, by 5:00 p.m. (PST) on the next business day.
12. Tow Operator Personnel
A ) Conduct
The Tow Operator shall perform the services required of it in an ethical, orderly manner, endeavoring to
obtain and keep the confidence of the public. At no time will the Tow Operator or its agent or any
employee of the Tow Operator exhibit any of the following behavior: rudeness, or otherwise being
uncooperative, argumentative, threatening, incompetent or acting in a dangerous manner with any City
employee, or with any member of the public. The City reserves the right to cancel an individual tow
assignment, if in the opinion of the City, the Tow Operator is acting in a rude, uncooperative,
argumentative, threatening, incompetent or dangerous manner. The City also reserves the right to cancel
an individual tow assignment if in the opinion of the City the Tow Operator is likely to damage the vehicle
for which the tow service was called. Other examples of unacceptable behavior include but are not limited
to: profanity, abusive language, disconnecting telephone calls for public inquiries regarding a tow,
threatening, aggressive, or assertive language, failure to provide timely information or documents in
response to a public or City inquiry, lack of respect to any City personnel or member of the public,
destruction or damaging of evidence, failure to comply with the reasonable request of a member of the
public, failure to release vehicle in a timely manner, failure to make appointment for release of vehicle
during evening or weekend hours, failure to promptly be on site at time of appointment for release of
vehicle during evening or weekend hours, impeding an investigation or any other conduct which the City
deems unprofessional.
lf the Tow Operator is found to be in violation of this conduct clause, the City will cancel the Tow Operator
and request the next Tow Operator in rotation. Any such behavior as set forth above shall be considered
a material breach of this Agreement and may be grounds for immediate suspension or immediate
termination by the City, without penalty.
B.) PersonnelAppearance
Tow Operators shall be required to furnish their employees with a distinctive company uniform. Each
uniform shall have the fìrm's name, as well as the employee's name, in a conspicuous place. The tow
company's name and driver's first name shall be clearly visible at all times, meaning that protective or
inclement weather outer garments must meet this standard. Each employee shall have sufficient uniforms
so as to maintain a neat, clean appearance at all times. Minimum requirements for uniforms include a
shirt, long pants, and appropriate safety shoes. All drivers shall be in uniform before any towing or service
operation begins. No wording, designs, photos, gestures, or anything that could be considered offensive
or obscene to the general public shall be displayed by the Tow Operators or on any part of the uniform.
Dress standards are required in order to project a professional and positive image to the public
All employees must be neat, clean and well groomed in appearance. ln order to ensure a professional
appearance, all tattoos must be concealed by operators while working. Personnel will be required to
conceal any tattoos with gloves, collars, long sleeves, or by other means acceptable to the City. Facial
tattoos of any variety are not permitted. No facial piercings shall be worn while on duty.
Drivers shall wear safety vests or reflectorized clothing that conforms to Occupational Safety and Health
Administration (OSHA) requirements. Alternatively, the OSHA safety requirements may be incorporated
into the uniform, jacket, or rain gear, as long as these items are worn as the outermost garment.
C.) UnlawfulActivity
The Tow Operator or it's employees shall not be involved, nor shall the Tow Operator or its employees
become involved in any agreement or activity whether verbal, wrttten or conveyed in any other manner,
any activity or business venture which may be construed as unlawful. lf the City deems the involvement
to be unlawful, the City may immediately terminate this Agreement.
The Tow Operator shall not provide any direct or indirect commission, gift or any compensation to any
person or public or private entity, in consideration of arranging or requesting the services of a tow truck as
provided in section 12110 of the CVC.
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No Tow Operator will be involved or solicit any compensation of any kind including but not limited to
involvement with any other company or business that might result in income or consideration as a result of
any activity initiated by the City.
An example of such a prohibited involvement could include but is not limited to: financial reimbursement
by auto-body repair business for referrals, or towing directly from the scene of a collision to the auto-body
shop without prior unsolicited approval or request by the registered owner, driver or insurance company
representative of the damaged vehicle; kickback to or from a security company or homeowner's
association for "finding" or towing a vehicle from a location, whether private property, public, off street
parking facility or a public roadway. Violation of this provision shall be grounds for immediate termination
by City, without penalty.
D.) Personnel Licenses
Tow Operators providing services under this Agreement, including tow truck drivers, dispatchers and other
office personnel, will have sufficient knowledge, experience and capability to ensure safe and proper
discharge of their service responsibilities. lt will be the responsibility of the Tow Operator to ensure that all
of its personnel will be properly licensed in accordance with sections 12500, 12520, and 12804.9 of the
CVC. All tow truck drivers and tow truck operators shall be enrolled in the "Pull Notice" program as defined
in CVC section1808.1 et seq.. Drivers must complete a CHP approved Tow Operator Course every five
(5) years and copies of completion of the course shall be sent to the City. All Tow Operators and
personnelshall have no criminal record which would preclude them from being placed in a position of trust
while in the service of a law enforcement agency or any crime listed below under the heading of "Criminal
Record."
E. ) Fingerprints
All owners and employees who have not previously submitted their "LiveScan" fingerprint samples shall
submit their "LiveScan" fingerprint samples, at their own expense, through the City prior to being awarded
this Agreement, for the purposes of verifying their criminal history with the Department of Justice.
Failure to provide information regarding the identity of the owner, employee, or anyone else with a
financial interest in the Tow Operator will result in termination of this Agreement. The Tow Operator will
provide the City with information regarding any change in employee status immediately and update DTS
to reflect such changes. Failure to comply may result in further disciplinary action, and will be considered
a breach of this Agreement.
After execution of this Agreement, no person shall be employed by the Tow Operator or perform any
service under this Agreement until the background record check and "LiveScan" is completed and
approved by the City and said employee has received their identification badge from the City.
Notwithstanding the foregoing, Tow Operators and owners that have towed for the City under the previous
Tow Service Agreement and have completed a new background and "LiveScan" check will be allowed to
continue to tow for the City until such time as the results of the background and "LiveScan" submissions
are reviewed and approved by the City.
Any employee of the Tow Operator that has left employment with said Tow Operator and returned and
been rehired must complete an additional background check before performing services pursuant to this
Agreement
F.) Criminal Record
A conviction of anyone with a financial interest in the Tow Operator, or any employee of the Tow Operator,
including but not limited to any of the following offenses, may be cause for denial of application or
termination of this Agreement:
. Any crimes listed in California Penal Code section 290
¡ DU|-Within 5 years of the Date of Fingerprinting
¡ Vehicle theft. Fraud. Stolen Property
. Crimes of Violence
. Any felony crime relating to narcotics or any controlled substance
. Any other crimes enumerated in CVC section 2432.3
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. Actively on parole or on any form of probation
. Crime of moral turpitude
. Sex, Arson, Narcotics Registrant
. Other felony conviction
The City is not required to provide any reason, rationale or factual information in the event it elects to deny
application or remove any of Tow Operator's personnel from providing services for the City under this
Agreement. Tow driver or employee applicants denied under this section may appeal to the Chief of
Police or his/her designee. All decisions by the Chief of Police, or his/her designee, are final.
ln the event the Tow Operator or employee is convicted or is under investigation, the Tow Operator may
be given the opportunity to replace that employee without prejudice to the Agreement. Nothing shall
prohibit the City from removing, suspending or terminating the Agreement. lt will be the responsibility of
the Tow Operator to provide the City with updated information regarding any illegal activity, arrest(s) or
conviction of any Tow Operator and/or employee. For the purpose of this section, any conviction or plea
of guilty or nolo contendre, even to any lesser-included offense, are considered convictions. Failure to
provide information regarding the identity of the employee, or anyone else with a financial interest in the
Tow Operator will result in termination of the Agreement. Failure to provide information to the City of any
information regarding the conviction of any of the above crimes may also result in termination of the
Agreement.
G.) ldentificationBadges
Each tow truck driver or employee of the Tow Operator shall wear, in plain view an identification badge,
authorized and issued by the City to that employee, while on any call for service where the City is
involved. lf a tow truck driver responds to a scene without his authorized name badge, the tow truck
driver will be dismissed from the scene and the next Tow Operator in rotation will be called. Failure to
carry an identification badge will be considered a violation as stated in Section 31, "Disciplinary Action," of
this Agreement. The purpose of these badges will be to identify those employees of the Tow Operator
who have been fingerprinted by the City and have passed the record check by the Department of Justice.
All identification badges are the property of the City and will be returned by the Tow Operator to the City
within forty-eight (48) hours of an employee's separation. Tow Operator will provide a current list of all
staff including drivers, dispatchers, etc. Anytime there are any changes to this list, the City is to be notified
by the next business day and provided with an updated and current list.
13. Tow Operator Licensinq and Certification
All licensing and certifications required by Federal, State and local authorities shall be maintained current and
valid at all times as required in CVC sections: 34507.5,34600 et seq, 34620, and 12111, and sections 7231 eI
seq, of the California Revenue and Taxation code. Failure to have any required license or certification, including
any driver who fails to have an appropriate class of license, may be grounds for immediate termination by City
without penalty.
14. lnsoection
All real property and improvements thereon, and all vehicle facilities, equipment and materials used by the Tow
Operator in the performance of the services required herein shall be open to inspection by the City or its
authorized representative, and will be subject to no less than one annual inspection. Additional inspections may
be conducted without notice during normal business hours. lnspections may include, but are not limited to, all
books, accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose of auditing
or inspecting any aspect of performance directly related to this Agreement. ln the event that the City determines
that the real property and improvements thereon are insufficient, derelict or fail to meet the requirements as
called out in this Agreement, this Agreement may be terminated by City immediately, without penalty.
15. Vehicle and Equipment Requirements
Tow vehicles will be malntained in compliance with sections 24605, 25253, 25300, 27700 and 27907 of the
CVC. Tow vehicles will be of at least '14,000 lbs. GVWR with dual rear wheels, with the ability to tow two (2)
vehicles, or a vehicle and/or a trailer. Tow vehicles must have two-way communication capabilities and the
ability to communicate and connect with the DTS System at all times. The Tow Operator shall have equipment
capable of towing from off-road areas, towing from underground facilities, and recovery services with an
adjustable boom with at least five tons of lifting capacity. ln addition to the conventional wheel lift towing
capabilities, the Tow Operator shall maintain at least one or more flatbed or rollback trucks with a minimum of
fifty (50) feet of cable, and the required safety equipment. Unless othenvise specified by the City, all Tow
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Operators shall respond to a tow service request with a flatbed or rollback truck as specified above. At the
discretion of the tow operator, a wrecker may be used to respond to a tow service request lf for any reason the
Tow Operator is unable to complete the tow service request with the wrecker, the Tow Operator will not be
placed back on the top of the rotation list and a new Tow Operator will receive the tow service request
A 3-axle or 25-ton truck is not required equipment. However, Tow Operators that possess this equipment will be
placed on a heavy-duty tow rotation list.
All trucks must have the required emergency lighting, portable stop and tail lamps, a broom, shovel, fire
extinguisher (rating 4-8, C), a utility light, reflective triangles, a large pry-bar, covered trash cans with approved
absorbent, rags, unlocking equipment, dollies (boom trucks), chains, and/or tie downs.
Wheel lift trucks will maintain at least 100 feet of cable and all safety equipment as required by the
manufacturer.
Tow vehicles must have a cable winch of sufficient size and capacity to retrieve vehicles that have gone off
traveled portions of roadways into inundated areas or other inaccessible locations. Winches must have visible
lD tags designating the model, make, serial number, and rated capacity.
All tow trucks used in City tows will be subject to
conducting random inspections throughout the year.
16. Vehicleldentification
a yearly inspection. This does not preclude the City from
Tow vehicles shall display identification signs in compliance with section 27907 of the CVC. The Tow Operator
shall not display any sign or advertising material that indicates that his tow vehicles are an official police service
of the City.
17. Gharqes and Fees to be collected from Reqistered Owners
All rates and charges shall be conspicuously posted in the office and in all tow vehicles. These rates shall quote
complete charges and fees with no additional fees to be added at a later date. These rates will be available for
review by City personnel and/or the person for whom tow service is provided. All fees collected shall be itemized
and invoiced in DTS in accordance to section22651.07 of the CVC. lt will be the Tow Operator's responsibility
to collect his bill for service, and the City will not be responsible in any way for these charges. Storage fees will
be calculated on the calendar day except the first 24-hours which is counted as a single day in accordance with
California Civil Code (CCC) 3068.1 (seeAttachment B). Allfees listed on the DTS invoicewill be received in the
form of major credit card, debit card, or cash. All fees collected, both City and Tow Operator fees, must be
invoiced through the DTS system prior to release and at the time of payment. No credit card fees will be
charged pursuant to CVC section 22651.1 and CCC section 1748,1 for any portion of the fees. The City
reserves the right to change all payment methods during the term of this agreement.
18. Lien Fees
At no time shall the City be charged a lien fee on a towed or impounded vehicle. No lien shall be attached to
any vehicle that has been impounded by the City until after seventy-two (72) hours from the time of storage as
listed in the DTS system have passed pursuantto section 22851.12of the CVC. All lien transactions must be
entered into the DTS system by Tow Operator. Vehicles sold at lien sale shall abide by all laws relattng to lien
sales. A vehicle held in impound by the City for thirty (30) days, shall not be sold at lien until such time as is
considered reasonable to allow the registered owner time to pay for and pick up the vehicle before it is sold at
lien, but under no circumstances before the thirty-fifth (35"') day after storage.
The Tow Operator shall abide by all applicable statutes and ordinances concerntng disposal of unclaimed
vehicles, including but not necessarily limited to CVC sections 22670;22851',22851.1;22851.2;228513',
2285 1 .4', 22851 .6; 2285 1 .8; 22851 . 1 0, 2285 1 . 1 2 and 22852.5.
As described in CVC section 22856, liability for despoliation of evidence shall not arise against the Tow
Operator that sells any vehicle at, or disposes of any vehicle after, a lien sale, as long as the Tow Operator can
show written proof that he was notified in writing by the City that the vehicle would not be needed as evidence in
a legal action. This proof may exist in the form of an official release in the DTS System or any other written
conveyance signed by a member of the City prior to the official, written release of the vehicle.
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19. Reasonableness and Validitv of Fees
Fees charged to the registered owner or any other person for response to calls originating from the City shall be
reasonable and not in excess of those rates charged for similar services provided in response to requests
initiated by any other public agency or private person. During the term of this agreement, the City shall conduct
an annual review each December of towing and storage fees of comparable cities and adjust rates set forth in
Attachment B by the first week of January of the following year.
20. Towinq Operation
All tows performed under this Agreement will be included in the flat rate charge as described in Attachment B.
No additional charges shall be charged without prior approval from the City and written notice is provided in the
DTS System. Any unapproved charges received outside the DTS System will result in immediate termination of
this Agreement and removal from the rotation list.
The Tow Operator shall base towing charges upon the class of vehicle being towed regardless of the class of
the truck used, except when vehicle recovery operations require a larger class truck. The Tow Operator may
refer to the tow truck classes and weight ratings as defined by the Towing & Recovery Association of America
(TRAA) vehicle identification guide.
21. Service Gall Rotation and Fees
The City shall establish a separate rotation list for Tow Operators willing to respond to service requests (out of
gas, lockouts, tire changes, etc.) Rates for a service requests shall not exceed one-half the flat rate charge for a
light duty truck response.
22. Gate Fees
No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding State
recognized holidays as listed below:
New Year's Day
Martin Luther King Day
Presidents'Day
Cesar Chavez Day
Memorial Day
lndependence Day
Labor Day
Veterans'Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
An after hours gate fee may be charged at all other times. The gate fee is not to exceed fifty percent (50%) of
the flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal
property recovery that occurs outside normal business hours (excluding lien fees, storage fees, taxes, or other
additional fees.) The Tow Operator is responsible for assuring that proper gate fees are charged in accordance
with this section. Over charging gate fees will be considered a major violation as outlined in Section 30.
All towing and storage fees charged by the Tow Operator are the responsibility of the vehicle's owner and are
not the responsibility of the City. The exception would be evidentiary impounds made at the direction of City
personnel.
23. Cancelled Tow
The City shall not be liable to pay the Tow Operator or anyone else any charge or other fee for a call that does
not result in a chargeable service being rendered by Tow Operator ("Dry Run"). The cancelled Tow Operator
shall be placed back on the top of the rotation list and will receive the next tow in rotation.
24. Towed in Error
ln the event the City determines that an error has occurred in impounding a vehicle, it shall be immediately
released to the registered owner without charge and the Tow Operator will be placed back on the top of the
rotation list and will receive the next tow in rotation. ln addition, the Tow Operator will be given one extra tows
on the rotation list. Additional extra tows may be given at the discretion of the Tow Unit.
25. Release Fees
California law authorizes the recovery of funds required to enforce certain provisions of the CVC and promote
traffic safety on public roadways. This authorization falls under CVC section 22850.5 and further authorized by
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City resolutions. These resolutions are open to public view at the City and/or City offices and are on file with the
City's Traffic Bureau. The Tow Operator will collect fees on the behalf of the City from the registered owner,
legal owner or agent of an impounded car.
A City administrative / franchise fee will be charged for the release of a vehicle that has been impounded by the
City. Fees will be established by an independent consulting firm to determine the City's costs associated with
impounding vehicles in accordance with CVC sections 22850.5 and 12110(b). All vehicles impounded will be
charged an administrative / franchise fee for the release of the vehicle. This fee will be established and attached
to each vehicle in the DTS System. The City's administrative fees will be collected at the time of the release by
the Tow Operator. The Tow Operator will pay the City's franchise fees equivalent to the City's administrative
fees for every vehicle that is not picked up by the owner or agent. The Tow Operator will pay the City's
administrative / franchise fees for every City vehicle that was towed during the preceding month and will pay the
City no later than 12:00 p.m. on the 1Sth of the following month, regardless of the disposition of the vehicle. ln
the event that the 15'n of the month falls on one of the State recognized holidays listed in Sectton 22 above, or a
weekend,theCity'sadministrative/franchisefeemustbepaidbyl2:00p.m.onthefollowingbusinessday. Tow
Operators who fail to submitthe City's administrative / franchise fees to the City by the 15"'day of each month
will be immediately suspended from rotation until all fees are received, and will be subject to appropriate
disciplinary action and civil recourse. The City will keep a strict accounting of these fees through the DTS
System and frequent audits will take place to ensure accurate and timely payment of collected City
administrative / franchise fees. The fee will be listed as an item on the owner's / agent's DTS contractor invoice.
26. UnauthorizedRelease
Unauthorized release of an impounded vehicle, accidental or othenruise, having evidentiary value, not officially
released by the City, and determined to be the fault of the Tow Operator, will result in the issuance of a major
violation as set forth in this Agreement. The determination of such fault will be the responsibility of the City.
27. Release of Multi-Dav lmpounds
A vehicle impounded with a multiple day hold may only be released prior to the impound period with written
authorization by the City in the DTS System. The DTS System will automatically schedule the release of an
impounded vehicle.
28. Release of Vehicles
Vehicles may only be released through the DTS System. Once the DTS System authorizes the release of a
stored or impounded vehicle, it is the Tow Operator's responsibility for the vehicle's release. The Tow Operator
is hereby granted authority to release to the registered owner, legal owner, or authorized representative,
pursuant to section 22850.3 of the CVC. At the time of release, the Tow Operator shall have the registered
owner, legal owner, or authorized representative taking possession of the vehicle sign a release indicating that
they are properly licensed and insured to drive a motor vehicle.
29. Disciplinarv Action
The Chief of Police, or his/her designee, shall take disciplinary action against Tow Operators for violations
investigated and sustained. Unless othenivise noted, the Chief of Police, or his/her designee, will determine the
period of suspension and shall retain discretion regarding the length of any suspension imposed pursuant to the
terms and conditions of this Agreement. The City shall retain record of violations for at least the term of this
Agreement
30. Maior violations
Major violations include any chargeable offense under Federal, State, Local Law and significant violations of this
Agreement. Such violations shall result in suspension or immediate termination of this Agreement. The Chief of
Police, or his/her designee, reserves the right to impose longer periods of suspensions or immediate
termination, if deemed appropriate in his/her sole discretion. The Chief of Police, or his/her designee, reserves
the right to remove a Tow Operator from the tow rotation during the investigation of a major violation A
reinstatement from suspension for a major violatron will result in a five hundred dollar ($500.00) fee. Suspension
will not be lifted until the reinstatement fee is received by the Chief of Police or his/her designee ln addition, a
major violation may also result in the Tow Operator's employee being removed from participation in this
Agreement. Examples of major violations include, but are not limited to:
. Physical assault, against public and/or law enforcement
. Verbal abuse against public and/or law enforcement
. Resisting arrest. Tow Truck Driver under the influence of alcohol or illegal drugs
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. Charging rates that exceed those listed in Attachment B
. Vehicle released without authorization
¡ Unauthorized access to storage yard
. Theft
. Mishandling of vehicles stored as evidence
. Unauthorized driver responding to call
o Failure to provide information or change of status on any Tow Operator employee or staff
o Substantiated private party impound complaints
. Any Felony/Misdemeanor arrest
. Refusal to take a rotational tow
o Failure to utilize the DTS System for all City towing related matters
. Repeated late or nonpayment of City franchise fees
. Failure to properly secure storage yard
. Failure to obey a lawful order by law enforcement
31. Minor violations
Minor violations will be given to the Tow Operator in the form of a documented warning for the first violation. The
second violation will be in the form of a documented reprimanded and a one hundred dollar ($100.00) fine
Repeated minor violations during the term of the Agreement may be treated as a major violation, and the Tow
Operator will be suspended or terminated from this Agreement. A reinstatement from suspension will result in a
five hundred dollar ($500.00) fee. Suspension will not be lifted until the reinstatement fee is received by the
Chief of Police or his/her designee. Examples of minor violations include, but are not limited to:
. Late payment of City franchise fees
. Tow truck drivers not wearing City issued LD. cards/ proper uniform
. Unauthorized arrival time in excess of thirty (30) minutes, or forty-five (45) minutes during peak hours
. Repeated rejection of dispatched calls
. Other violations of this Agreement not considered a major violation by the Chief of Police or his/her
designee
. Unauthorizedride-a-long. Failure to respond to customers' needs
. Failure to maintain proper equipment
. Failure to clean up at a collision scene
. Vehicle code infractions
32. Hearinq/Appeal
Tow Operator must have a legal existing interest in the tow operation or entitlement subject to the City order,
citation, decision or determination to have standing to appeal a decision by the Chief of Police or his/her
designee. An appeal that fails to identify the appellant's standing may be rejected as defective.
ln the event FPD serves Tow Operator with disciplinary action amounting to anything less than a suspension
resulting from a minor violation, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow Unit.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension for thirty (30) days or
less resulting from a minor or major violation, the Tow Operator may request a hearing within fifteen (15)
calendar days by submitting an appeal in writing to the Chief of Police, or hts/her designee, through the Tow
Unit Upon receipt of a written request for an appeal, and at the discretion of the Chief of Police, or his/her
designee, the Tow Operator may be allowed to continue rotational tows until the final disposition of the appellate
hearing
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension in excess of thirty (30)
days, or termination of the TSA, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Administrative Hearing Officer by way of the City Manager's Office. The
written appeal shall be in compliance with FMC sections 1-407 and 9-1712. Notwithstanding any provision
within Chapter 1, Article 4 of the FMC, any person who appeals a suspension in excess of thirty (30) days, or a
termination of the TSA shall not be entitled to placement on the Tow Rotation List or to participate in tows until
such time as any appeal hearing has been concluded and the Administrative Hearing Officer finds that no
grounds for a suspension in excess of thirty (30) days, or a termination of the TSA has been established. Tow
Operator's remedy shall be limited to reinstatement on the tow rotation list in such case and no other
compensation or consideration will be allowed.
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ATTACHMENT B
TOW FEES
Flat price per vehicle per call:
Light Duty ToMFlatbed $ 184.00/Each
Medium Duty Tow $ Average CHP Rates Apply
Heavy Duty Tow $ Average CHP Rates Apply
Water Recovery: $ Average CHP Rates Apply
Technoloqv Fee:
DTS Software Fee per Vehicle Towed $ Charge listed in DTS Contract and DTS System
Storaqe Rates:
Passenger cars $ 45 00/per day
Motorcycles $ 45 00/Per daY
Trucks or Trailers $ Average CHP Rates Apply
lnside Storaoe Rates:
Passenger cars $ 55.00/per day
Motorcycles $ 55.00/per day
Trucks or Trailers $ Average CHP Rates Apply
Gate Fee: No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding
State recognized holidays as listed in the Agreement.
An after hours gate fee may be charged at all other times. The gate fee shall not exceed fifty percent (50%) of the
flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal property
recovery that occur outside normal business hours (excluding lien fees, storage fees, taxes, or other additional
fees).
Non-tow service calls (out of gas, lockouts, and flat tires) shall not exceed one-half the flat rate charge for a light
duty truck response.
Citv of Fresno Administrative / Franchise Fees:
Vehicle Collision Blocking a Roadway $ 60.00
lllegally Parked / Abandoned Vehicle $116.00
Unlicensed Driver/ Expired Registration $189.00
Arrested / Suspended Driver $266.00
DUI Driver $450.00
AII fees listed on the DTS invoice will be received in the form of major credit card, debit card or cash. No
credit card fee will be charged pursuant to CVC section 22651.1 and CCC section 1748.1.
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CITY OF FRESNO
NON-EXCLUSIVE FRANCHISE TOW AGREEMENT
FOR FRESNO POLICE DEPARTMENT
This Non-exclusive Franchise Tow Agreement (TSA) is entered into effect on the December 2A, 2014 set forth
below, at Fresno, California, between the City of Fresno, a municipal corporation (City) and Romo's Towing, a
sole proprietorship (the Tow Operator).
This Agreement, including all attachments, contains rules and regulations that a tow company agrees to comply
with in order to participate in the tow operations of the City of Fresno Police Department (FPD). participation in
the FPD Rotation Tow Program (Tow Program) is voluntary. Compliance with all of the terms and conditions of
the Agreement is mandatory for tow companies participating in the Tow Program. A Tow Operator, by agreeing
to participate in the Tow Program, is not acting as an agent for FPD or City when performing services unðer this
Agreement.
1. Governinq Law and Venue
This Agreement shall be governed by, and construed enforced in accordance with, the laws of the State of
California excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue
for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any
rights and duties hereunder shall be the County of Fresno, California
2. Entire Aqreement
This Agreement, its attachments and exhibits, when accepted by the Tow Operator either in writing or
commencement of performance hereunder, contains the entire Agreement between the parties with respect to
the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth
herein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by
City in writing.
3. Amendments
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the
parties; no oral understanding or agreement not incorporated herein shall be binding on either of tne parties;
and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in
writing.
4. Assiqnment or Sub Gontractinq
The terms, covenants, and conditions contained herein shall apply to the parties. Furthermore, neither the
performance of this Agreement nor any portion thereof may be assigned or subcontracted by Tow Operator
without the express written consent of City. Any attempt by Tow Operator to assign or subcontract the
performance or any portion of this Agreement without the express written consent of City shall be invalid and
shall constitute a breach of this Agreement.
5. PatenUGopvriqht Materials/Proprietarv lnfrinqement
Unless othen¡vise expressly provided in this Agreement, Tow Operator shall be solely responsible for obtaining a
license or other authorization to use any patented or copyrighted materials in the performance of tñis
Agreement. Tow Operator warrants that any Software as modified through services provided hereunder will not
infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Tow Operator
agrees that, in accordance with the more specific requirement below, it shall indemnify, defend and hold City
and City lndemnitees harmless from any and all such claims and be responsible for payment of all costs,
damages, penalties and expenses related to or arising from such claim(s), including, but not limited to,
attorney's fees, costs and expenses.
6. Non-Discrimination
ln the performance of this Agreement, Tow Operator agrees that it will comply with the requirements of section
1735 of the California Labor Code and not engage nor permit any Tow Operators to engage in discrimination in
employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, marital status, or sex of such persons. Tow Operator acknowledges that a
violation of this provision shall subject Tow Operator to all the penalties imposed for a violatioñ of anti-
discrimination law or regulation, including but not limited to, section 1720 etseq. of the California Labor Code.
1
7. Termination
ln addition to any other remedies or rights it may have by law, City has the right to terminate this Agreement
without penalty immediately with cause and either party may terminate after thirty (30) days written notice
without cause, unless othen¡vise specified. Cause shall be defined as any breach of this Agreement or any
misrepresentation or fraud on the part of the Tow Operator. Exercise by City of its right to terminate the
Agreement shall relieve City of all further obligation.
8. Consent to Breach Not Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or
consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any
party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver
of, or excuse for any other different or subsequent breach.
9. Remedies Not Exclusive
The remedies for breach set forth in this Agreement are cumulative as to one another and as to any other
provided by law, rather than exclusive; and the expression of certain remedies in this Agreement does not
preclude resort by either party to any other remedies provided by law.
10. lndependent Tow Operator
Tow Operator shall be considered an independent Tow Operator and neither Tow Operator, its employees nor
anyone working under Tow Operator shall be considered an agent or an employee of City. Neither Tow
Operator, its employees nor anyone working under Tow Operator, shall qualify for workers' compensation or
other fringe benefits of any kind through City.
11. Performance
Tow Operator shall perform all work under this Agreement, taking necessary steps and precautions to perform
the work to City's satisfaction. Tow Operator shall be responsible for the professional quality, technical
assurance, timely completion, and coordination of all documentation and other goods/services furnished by Tow
Operator under this Agreement. Tow Operator shall: perform all work diligently, carefully, and in a good and
workman-like manner; furnish all labor, supervision, machinery, equipment, materials, and supplies necessary
therefore; at its sole expense obtain and maintain all permits and licenses required by public authorities,
including those of City required in its governmental capacity, in connection with performance of the work; and, if
permitted to subcontract, be fully responsible for allwork performed by sub-Tow Operators.
12. lndemnification
A) Tow Operator shall indemnify, hold harmless and defend City and each of its officers, officials,
employees, agents and authorized volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to
personal injury, death at any time and property damage) incurred by City, Tow Operator, or any
other person, and from any and all claims, demands and actions in law or equity (including
attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirecfly out of
performance of this Agreement. Tow Operator's obligations under the preceding sentence shall
apply regardless of whether City or any of its officers, officials, employees, agents or authorized
volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or
damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any
of its officers, officials, employees, agents or authorized volunteers.
B) lf Tow Operator should subcontract all or any portion of the work to be performed under this
Agreement, Tow Operator shall require each subcontractor to indemnify, hold harmless and defend
City and each of its offìcers, officials, employees, agents and authorized volunteers in accordance
with the terms of the preceding paragraph.
C) This section shall survive termination or expiration of this Agreement.
13. lnsurance
A) Throughout the life of this Agreement, Tow Operator shall pay for and maintain in full force and
effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted
by the California lnsurance Commissioner to do business in the State of California and rated not
less than 'A-Vll' in Best's lnsurance Rating Guide, or (ii) authorized by City's Risk Manager. The
following policies of insurance are required:
2
5)
B)
1) COMMERCIAL GENERAL LIABILITY insurance which shall be on the most current version of
lnsurance Services Office (lSO) Commercial General Liability Coverage Form CG 00 01 and
include insurance for "bodily injury," "property damage" and "personal and advertising injury"
with coverage for premises and operations, products and completed operations, and
contractual liability (including, without limitation, indemnity obligations under the Agreement)
with limits of liability of not less than $,1,000,000 per occurrence for bodily injury and property
damage, $1,000,000 per occurrence for personal and advertising injury and $2,000,000
aggregate for products and completed operations and $2,000,000 general aggregate
2) GARAGEKEEPERS LEGAL LIABILITY insurance which shall include coverage for vehicles in
the care, custody, and control of the Tow Operator with limits of liability of not less than
$120,000 per occurrence for property damage.
3) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be on the most current
version of lnsurance Service Office (lSO) Business Auto Coverage Form CA OO 01, and
include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles
(Code 1- Any Auto) with limits of not less than $1,000,000 per accident for bodity injury and
property damage.
4) ON-HOOI(CARGO insurance which shall include coverage for vehicles in tow with limits of
liability based on the size of the tow truck, which are as follows:
a) Class A/B tow truck.. ... .. . ... $120,000b) Class C tow truck. ... $200,000c) Class D tow truck... ... $300,000
WORKERS' COMPENSATION insurance as required under the California Labor Code and
EMPLOYERS'LIABILITY insurance with minimum limits of $1,000,000 each accident, $1,000,000
disease policy limit and $1,000,000 disease each employee.
Tow Operator shall be responsible for payment of any deductibles contained in any insurance
policies required hereunder and Tow Operator shall also be responsible for payment of any self-
insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate
of lnsurance and approved by the City's Risk Manager or his/her designee. At the option of the
City's Risk Manager, or his/her designee, either:
f ) The insurer shall reduce or eliminate such deductibles or self-insured retention as
respects City, its officers, officials, employees, agents and volunteers; or
2) Tow Operation shall provide a financial guarantee, satisfactory to City's Risk Manager, or
his/her designee, guaranteeing payment of losses and related investigations, claim
administration and defense expenses. At no time shall City be responsible for the payment of
any deductibles or self-insured retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30)
calendar days written notice in favor of City of policy cancellation, change or reduction of coverage,
except for the Workers'Compensation policy which shall provide ten (10) calendar days written
notice of such cancellation, change or reduction of coverage. ln the event any policies are due to
expire during the term of this Agreement, Tow Operator shall provide a new certificate and all
applicable endorsements evidencing renewal of such policy prior to the expiration date of the
expiring policy(ies) to the Chief of Police, or his/her designee, and the City's Risk Division. Upon
issuance by the insurer, broker, or agent of a notice of cancellation, change or reduction in
coverage, Tow Operator shall file with the Chief of Police, or his/her designee, and the City's Risk
Division, a new certificate and all applicable endorsements for such policy(ies).
The General Liability, Automobile Liability and Garagekeepers Legal Liability insurance policies
shall be written on an occurrence form and shall name City, its officers, officials, agents, employees
and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Tow
Operator's insurance shall be primary with respect to the City, its officers, officials, employees,
agents and authorized volunteers with no contribution required of City. Any Workers' Compensation
insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents,
c)
D)
3
employees and authorized volunteers Tow Operator shall have furnished City with the certificate(s)
and applicable endorsements for ALL required insurance prior to City's execution of the Agreement.
E) The fact that insurance is obtained by Tow Operator shall not be deemed to release or diminish the
liability of Tow Operator, including, without limitation, liability under the indemnity provisions of this
Agreement. City shall apply to all claims and liability regardless of whether any insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by Tow Operator. Approval or purchase of any insurance contracts or policies shall in no
way relieve from liability nor limit the liability of Tow Operator, its principals, officers, agents,
employees, persons under the supervision of Tow Operator, vendors, suppliers, invitees,
consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of
them.
F) Upon request of City, Tow Operator shall immediately furnish City with a complete copy of any
insurance policy required under this Agreement, including all endorsements, with said copy certified
by the underwriter to be a true and correct copy of the original policy. This requirement shall survive
expiration or termination of this Agreement.
G) lf at any time during the life of the Agreement or any extension, Tow Operator fails to maintain the
required insurance in full force and effect, all work under this Agreement shall be discontinued
immediately until notice is received by City that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory to City.
Any failure to maintain the required insurance shall be sufficient cause for City to terminate this
Agreement.
H) lf Tow Operator should subcontract all or any portion of the work to be performed, Tow Operator
shall require each subcontractor to provide insurance protection in favor of the City, its officer,
officials, employees, agents and authorized volunteers in accordance with the terms of each of the
preceding paragraphs, except that the subcontractors certificates and endorsements shall be on file
with the Tow Operator and City prior to the commencement of any work by the subcontractor.
14. Bills and Liens
Tow Operator shall pay promptly all indebtedness for labor, materials, and equipment used in performance of
the work. Tow Operator shall not permit any lien or charge to attach to the work or the premises, but if any does
so attach, Tow Operator shall promptly procure its release and indemnify, defend, and hold City harmless and
be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related
thereto.
15. Chanqe of Control
Tow Operator agrees that if there is a change or transfer in ownership or control of the Tow Operator's business
prior to completion of this Agreement, unless such change or transfer is to "immediate family" as defined in
Fresno Municipal Code (FMC) section 3-f01(e) and approved in writing by the Chief of Police, or his/her
designee, such change or transfer shall terminate this Agreement. This includes but is not limited to changes in:
Corporate Board Members, Managers, Directors, Treasurer, Trustees, or ownership interests. All changes or
transfers to "immediate family" must be approved by the Chief of Police, or his/her designee, prior to such
change or transfer ln order for the Tow Operator to remain on the tow services list. Final written approval or
disapproval for the change or transfer in ownership or control will be given by the Chief of Police or his/her
designee. All "immediate family" members involved in the potential transfer and operation of the Tow Operator
shall be required to undergo a background check, review, and "Livescan" fingerprint screening. The "immediate
family" members involved in the change or transfer of ownership or control must also possess and keep current
all licensing certificates and insurance as required in this Agreement. The "immediate family" members who will
operate or otherwise be legally responsible for the Tow Operator will be required to execute a new TSA
A) Tow Operator owners shall be directly involved in the day-to-day operations of their
business and shall not be directly involved in the towing-related business of any other tow
company on, or applicant for, the Tow Rotation List. Co-mingling of operations, business,
offices, board members, and finances is strictly prohibited.
B) lf terminated or suspended, Tow Operator and/or its owner at the time of the suspension or
termination, shall not be eligible for a rotation listing for the duration of the suspension or
termination This section applies to the Tow Operator working in any capacity within any tow
4
business or operating any tow business and to the tow business even if operated under new
ownership.
C) Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow
Rotation List, excluding equipment which may be unavailable due to repairs or when there is a need
for equipment replacement and written approval is obtained from the Chief of Police or his/her
designee.
16. Force Maieure
Tow Operator shall not be in breach of this Agreement caused by any act of God, war, civil disorder,
employment strike or other cause beyond its reasonable control, provided Tow Operator gives written notice of
the cause of the delay to City within thirty-six (36) hours of the staft of the delay and Tow Operator avails itself of
any available remedies.
17. Gonfidentialitv
Tow Operator agrees to maintain the confidentiality of all City and City-related records and information pursuant
to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term
of this Agreement. All such records and information shall be considered confidential and kept confidential by
Tow Operator and Tow Operator's staff, agents and employees.
18. Compliance with Laws
Tow Operator represents and warrants that services to be provided under this Agreement shall fully comply, at
Tow Operator's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and
regulations, including, but not limited to those issued by City in its governmental capacity and all other laws
applicable to the services at the time services are provided to and accepted by City. Tow Operator
acknowledges that City is relying on Tow Operator to ensure such compliance (collectively Laws). Tow Operator
agrees that it shall defend, indemnify and hold City and City lndemnitees harmless from all liability, damages,
costs, and expenses arising from or related to a violation of Laws.
19. Pricinq
The Agreement price shall include full compensation for providing all required services in accordance with the
Scope of Work attached to this Agreement, and no additional compensation will be allowed therefore, unless
otherwise provided for in this Agreement Tow Operator shall pay the City Franchise Fees as listed in
Attachment "8", or "City Administrative / Franchise Fees", in accordance with Paragraph 25 of Attachment "A".
20. Terms and Conditions
Tow Operator acknowledges that the undersigned has read and agrees to all terms and conditions included in
this Agreement.
21. Severabilitv
lf any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired or invalidated thereby.
22. Calendar Davs
Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless
otherwise expressly provided.
23. Attornev Fees
lf either party is required to commence any proceeding or legal action to enforce any term, covenant or condition
of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other
party its reasonable Attorney's fees and legal expenses.
24. Interpretation
This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in
the matters dealt with in this Agreement. ln addition, each party has been represented by experienced and
knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel
despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have
not been influenced to any extent whatsoever in executing this Agreement by any other party hereto or by any
person representing them, or both. Accordingly, any rule or law (including California Civil Code section 1654) or
legal decision that would require interpretation of any ambiguities in this Agreement against the party that has
5
drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable
manner to affect the purpose of the parties and this Agreement.
25. Authoritv
The parties to this Agreement represent and warrant that this Agreement has been duly authorized and
executed and constitute the legally binding obligation of their respective organization or entity, enforceable in
accordance with its terms.
26. Emplovee Eliqibilitv Verification
Tow Operator warrants that it fully complies with all Federal and State statutes and regulations regarding the
employment of aliens and others and that all its employees performing work under this Agreement meet the
citizenship or alien status requirement set forth in Federal statutes and regulations. Tow Operator shall obtain,
from all employees performing work hereunder, all verification and other documentation of employment eligibility
status required by Federal or State statutes and regulations including, but not limited to, the lmmigration Reform
and ControlAct of 1986, I U.S.C. Sf 324 et seq., as they currently exist and as they may be hereafter amended.
Tow Operator shall retain all such documentation for all covered employees for the period prescribed by the law.
Tow Operator shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its
agents, offlcers, and employees from employer sanctions and any other liability which may be assessed against
Tow Operator or City or both in connection with any alleged violation of any Federal or State statutes or
regulations pertaining to the eligibility for employment of any persons performing work under this Agreement.
27. Additional Terms and Conditions
A) Term of Agreement: This Agreement shall commence on December 28, 2014, and shall be
effective for three (3) years from that date, unless otheruvise terminated by City
B) Fiscal Appropriations: This Agreement is subject to and contingent upon applicable budgetary
appropriations being made by the City for each year during the term of this Agreement. lf such
appropriations are not forthcoming, the Agreement will be terminated without penalty. Tow
Operator acknowledges that funding or portions of funding for this Agreement may also be
contingent upon the receipt of funds from, and/or appropriation of funds by City. lf such funding
and/or appropriations are not forthcoming, or are othenryise limited, City may immediately terminate
or modify this Agreement without penalty.
C) Conflict of Interest (Tow Operator): Tow Operator shall exercise reasonable care and diligence to
prevent any actions or conditions that result in a conflict with the best interest of City. This
obligation shall apply to Tow Operator, Tow Operator's employees, agents, relatives, and third
parties associated with accomplishing the work hereunder. Tow Operator's efforts shall include, but
not be limited to, establishing precautions to prevent its employees or agents from making,
receiving, providing, or offering gifts, entertainment, payments, loans, or other considerations which
could be deemed to appear to influence individuals to act contrary to the best interest of City.
D) Tow Operator Work Hours and Safety Standards: Tow Operator shall ensure compliance with all
safety and hourly requirements for employees, in accordance with federal, state, and City safety
and health regulations and laws.
E) Orderly Termination: Upon termination or other expiration of this Agreement, each party shall
promptly return to the other party all papers, materials, and other properties of the other held by
each for purposes of execution of the Agreement. ln addition, each party will assist the other Party
in orderly termination of this Agreement and the transfer of all aspects, tangible and intangible, as
may be necessary for the orderly, non-disruptive business continuation of each party.
F) Reprocurement Costs: ln the case of default by Tow Operator, City may procure the service from
other sources and, if the cost is higher, Tow Operator will be held responsible to pay City the
difference between the Agreement cost and the price paid. City may make reasonable efforts to
obtain the prevailing market price at the time such services are rendered. This is in addition to any
other remedies available under law.
G) Authorization Warranty: Tow Operator represents and warrants that the person executing this
Agreement on behalf of and for Tow Operator is an authorized agent who has actual authority to
bind Tow Operator to each and every term, condition, and obligation of this Agreement and that all
requirements of Tow Operator have been fulfilled to provide such actual authority.
6
28.
H) Notices: Any and all notices permitted or required to be given hereunder shall be deemed duly
given (1) upon actualdelivery, if delivery is by hand; or (2) upon delivery by the United States mail if
delivery is by postage paid registered or certified return receipt requested mail; or (3) through
electronic means such as, email or the Dispatch & Tracking Solutions Software System (DTS).
l) Data - Title to: All materials, documents, data or information obtained from City data files or any
City medium furnished to Tow Operator in the performance of this Agreement will at all times remain
the property of City. Such data or information may not be used or copied for direct or indirect use
by Tow Operator after completion or termination of this Agreement without the express written
consent of City. All materials, documents, data or information, including copies, must be returned to
City at the end of this Agreement.
J) Usage: No guarantee is given by City to Tow Operator regarding usage of this Agreement. Usage
figures, if provided, are approximate, based upon the last usage. Tow Operator agrees to supply
services and/or commodities requested, as needed by City, at prices listed in the Agreement,
regardless of quantity requested.
K) Tow Operator's Records: Tow Operator shall keep true and accurate accounts, records, books
and data which shall correctly reflect the business transacted by Tow Operator in accordance with
generally accepted accounting principles. These records shall be stored at the Tow Operators
principal place of business for a period of three (3) years after final payment is received by City
L) Audits/lnspections: Tow Operator agrees to permit City's authorized representative (including
auditors from a private auditing firm hired by City) access during normal working hours to all books,
accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose
of auditing or inspecting any aspect of performance under this Agreement. The inspection and/or
audit will be confined to those matters connected with the performance of the Agreement including,
but not limited to, the costs of administering the Agreement. City reserves the right to audit and
verify Tow Operator's records before or after final payment is made.
Tow Operator agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of records retention is stipulated under this Agreement or
by law. Tow Operator agrees to allow interviews of any employees or others who might reasonably
have information related to such records. Further, Tow Operator agrees to include a similar right to
City to audit records and interview staff of any sub-Tow Operator related to performance of this
Agreement.
M) Should Tow Operator cease to exist as a legal entity, Tow Operator's records pertaining to this
Agreement shall be forwarded to the Chief of Police or his/her designee.
Disputes-Aqreement
A) The Parties shall deal in good faith and attempt to resolve potential disputes informally.
1) Tow Operator shall submit to the Chief of Police, or his/her designee, a written demand for a
final decision regarding the disposition of any dispute between the parties arising under,
related to, or involving this Agreement, unless City, on its own initiative, has already rendered
such a final decision.
2) Tow Operator's written demand shall be fully supported by factual information, and, if such
demand involves a cost adjustment to the Agreement, Tow Operator shall include with the
demand a written statement signed by a senior official indicating that the demand is made in
good faith, that the supporting data are accurate and complete, and that the amount
requested accurately reflects the Agreement adjustment for which Tow Operator believes City
is liable.
B) Pending the final resolution of any dispute arising under, related to, or involving this Agreement,
Tow Operator agrees to diligently proceed with the performance of this Agreement. Tow Operator's
failure to diligently proceed shall be considered a material breach of this Agreement
C) Any final decision of City shall be expressly identified as such, shall be in writing, and shall be
signed by the City Hearing Administrative Officer, or Chief of Police, or his/her designee, as
applicable. lf City fails to render a decision within ninety (90) days after receipt of Tow Operator's
-7 -
demand, it shall be deemed a final decision adverse to Tow Operator's contentions. City's final
decision shall be conclusive and binding regarding the dispute unless Tow Operator commences
action in a court of competent jurisdiction.
29. Breach of Aqreement
The failure of the Tow Operator to comply with any of the provisions, covenants or conditions of this Agreement
shall be a material breach of this Agreement. ln such event the City may, and in addition to any other remedies
available at law, in equity, or othen¡vise specified in this Agreement, undertake any of the individual actions or
any combination of the following actions:
1) Afford the Tow Operator written notice of the breach and ten calendar days or such
shorter time that may be specified in this Agreement within which to cure the
breach;
2) Suspend and/or remove Tow Operator from the rotation;
3) Terminate the Agreement immediately, without any penalty.
The Parties hereto have executed this Agreement.
TOW OPERATOR:
a^--
TOW OPERATOR*:
Bv Title:
Print Name:Date:
*lf a corporation or limited liability company, the document must be signed by two corporate officers. The first signature
must be either the Chairman of the Board, President, or any Vice President. The second signature must be the
secretary, an assistant secretary, the Chief Financial Officer, or any assistant treasurers. ln the alternative, a single
signature is acceptable when accompanied by a corporate document demonstrating the legal authority of the
signature to bind the company.
DOUGLAS T. SLOAN
City
By Date:
fuu*v, t4' hl(
ATTEST:
WONNE SPENCE, CMC
City Clerk
8
t z/ zzJt"t
ATTACHMENT A
SCOPE OF WORK
1. Scope of Work
Tow Operator shall perform the towing, and storage of vehicles as directed by the City, and in addition, such
other services as provided in this Scope of Work, and shall provide necessary storage facility, tow vehicles,
labor, materials, equipment, machinery, and tools. The Tow Operator shall comply with all State laws and
regulations, applicable to tow units and impound, towing, storage, selling or junking of vehicles. Tow operators
must follow all guidelines set forth by equipment manufactures recommendations as to their use and care of all
towing related equipment. All permits and licensing fees as specified under California Vehicle Code (CVC)
sections 34620 through 34624 shall be in fullforce and effect at alltimes during this Agreement. Any violation of
this section will be considered a material breach of the Agreement and may result in immediate termination of
this Agreement.
2. Towinq Services and Duties
It shall be the duty of the Tow Operator, when so directed by the City, to provide prompt tow service for vehicles
which are taken into custody by the City. This includes vehicles involved in collisions or disabled by any other
cause, abandoned in public places or on private property. Vehicles impounded for evidence, impeding the flow
of traffic, or which for any other reason, are within the jurisdiction of the FPD. As required by law, Tow
Operators are to remove from the street all debris resulting from said collisions and to clean the immediate area
of such street (CVC section 27700(a)(1)). lt shall also be the duty to provide for the safety and security of those
vehicles and the contents thereof. These duties are inherent to the job and are to be included in the price of the
basic tow bill
The tow truck operator shall provide a business card to the registered owner or driver for the vehicle being
towed. The business card shall contain the name, address and phone number of the tow company as well as
the link to the vehicle search system in DTS as follows: www.findmytow.com
Tow truck operators and/or drivers will not be permitted to drive an impounded or recovered stolen vehicle or
vehicle intended for storage from a FPD rotation call or special operation Any exceptions must be at the
direction of the FPD officer in charge of the scene and should be limited to repositioning the vehicle to allow for
towing.
The City has designated two (2) tow companies for evidence impound tows and no other rotation tow company
shall maintain custody over these vehicles at any time. lf an officer impounds a vehicle for evidence and a non-
preference rotational tow is dispatched, it is the responsibility of the tow driver to verify with the officer on scene
as to whether a vehicle is to be held for evidence. lf it is determined that the vehicle is to be held for evidence,
the tow driver must immediately notify the officer on scene that the company is not authorized to handle
evidence impounds and an evidence tow company shall be dispatched Tow Operator shall then contact the
Tow Unit on the same business day, or within the next business day if such tow occurs after regular business
hours. Acceptance of an evidence tow by a non-designated evidence tow company will result in disciplinary
action and full financial responsibility for all tow and storage fees for each violation.
lf terminated or suspended, Tow Operator and/or owner at the time of the suspension or termination, shall not
be eligible for a rotation listing for the duration of the suspension or termination. This provision applies to the
Tow Operator working in any capacity within any tow business or operating any tow business and to the tow
business even if operated under new ownership.
Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow Rotation List,
excluding equipment which may be unavailable due to repairs or when there is a need for equipment
replacement and written notice has been obtained from FPD.
3. Special Operations
FPD conducts special operations coordinated through the Traffic Bureau throughout the year that requires tow
companies at the location of the special operation. Tow companies on the Tow Rotation List that are in good
standing with FPD may be invited to participate in these operations, provided they are willing to remain with the
special operation until its conclusion and forfeit any rotational tow calls (FPD, California Highway Patrol, or
other) received during the duration of the operation. "Good standing" shall mean that Tow Operator has not
violated, or is not in violation of the terms of this Agreement, the provisions of the FMC, State, or Federal law.
All special operations tows will be subject to the provisions of this Agreement. Tow Operator shall respond to a
I
special operation with a flatbed tow truck with the capability of towing (2) vehicles. No ride alongs will be allowed
on any special operations unless the ride along is the Tow Owner or a Tow Driver who is in training and has
been approved by FPD.
4. Siqnaqe and hours of Operation
The storage yard or business office shall have a sign that clearly identifies it to the public as a towing service.
The sign shall have letters that are clearly visible to the public from the street and must be visible at night. All
storage facilities must be accessible to City personnel twenty-four (24) hours per day and seven (7) days per
week The Tow Operator will provide customer service twenty-four (24) hours per day and seven (7) days per
week for the release of vehicles.
Tow Operator shall provide at least one person at a call station to respond and release vehicles within thirty (30)
minutes. Tow Operator shall maintain all signage required pursuant to CVC sections 22850.3 and 22651.07
and include an after-hours contact phone number for Tow Operator.
5. Response Time
Tow Operator shall respond to calls twenty-four (24) hours a day, seven (7) days a week, within the maximum
response time limits as established by the Chief of Police or his/her designee. A reasonable response time is
thirty (30) minutes or less, except during peak hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m.,
(Monday through Friday), when the required response time will be extended to forty-five (45) minutes or less.
Tow Operator shall respond with a tow truck of the class required to tow the vehicle specified by the DTS
System.
6. Non-Response
The Tow Operator shall update the DTS System at the time of dispatch to a tow rotation request. lf the Tow
Operator is either unable to respond or unable to meet the maximum response time, the tow operator shall
immediately update the DTS System accordingly. lf, after accepting the call, the Tow Operator is unable to
respond or will be delayed in responding, the Tow Operator shall immediately update the DTS system
accordingly.
To decline or refuse to respond will be considered a non-response. Each non-response will be immediately
documented in the DTS System. Each non-response will be logged by the DTS System and reviewed by the
City. lf the fault for the non-response is attributed to other than the Tow Operator, the Tow Operator will be
placed back in the rotational list and called at the next opportunity in line.
One such breach, determined to be the fault of the Tow Operator, will be grounds for written reprimand which
may be subsequent to a meeting between the Tow Operator and the City. A second breach may be grounds for
a (30) thirty-day suspension of this Agreement. A third violation will be considered a material breach of the
Agreement and may result in immediate termination of this Agreement.
ln the case of suspension or termination, all vehicles then in storage at the time of the suspension or termination
remain protected under this Agreement as City's impounds and the Tow Operator is so bound. The City will
have the option to remove and/or transfer stored vehicles.
When a Tow Operator will be temporarily unavailable to provide services due to preplanned/scheduled activity,
such as a vacation, maintenance, medical leave, etc., the Tow Operator will notify City in writing via the DTS
system at least forty-eight (48) hours in advance. City reserves the right to deny these requests to maintain
adequate service levels for tow operations. Failure to notify the City will be considered a non-response and a
material breach of this agreement.
7. StoraqeResponsibilities
It shall be the duty of the Tow Operator to provide impound and other storage service for all vehicles as directed
by the City. The Tow Operator shall be responsible for all vehicles, accessories and equipment thereon and all
personal property therein stored by Tow Operator. lt shall be the Tow Operators' duty to protect such stored
vehicles, accessories, equipment, and property against all loss or damage by fire, theft or other causes. The
Tow Operator will have available for review by City personnel, all permits and proof of compliance to all local
zoning, special use, conditional use and special requirements, laws and regulation. lt is the responsibility of the
Tow Operator to ensure vehicles are stored in a secured facility.
8. Size and Location of Storaqe Facilitv
The tow yard shall be located within the City of Fresno's "Metropolitan Area." Metropolitan area is defined as
within the borders of Copper Avenue to the north, American Avenue to the south, DeWolf Avenue to the east,
_10_
and Chateau Fresno to the west. Tow Operator shall be responsible for the security of vehicles and property at
the place of storage. At a minimum, a six (6) foot fence or enclosed secured area is required for outside
storage. A minimum of 5,000 square feet, or room for twenty (20) vehicles, shall be provided. All tow yards
located with the City of Fresno shall be in compliance with the FMC, current Directors Class #208 and shall
follow the current Development and Resource Management Department's Policy and Procedure C-002. lf the
tow facility is located outside the City of Fresno, the tow operator is required to provide written proof that the
yard is in compliance with the authorizing jurisdiction. Tow Operator is responsible for the reasonable care,
custody, and control of any property contained in towed or stored vehicles. The storage facility and business
office will be located at the primary storage yard and shall be maintained in a functional, clean and orderly
fashion. The facility shall have a telephone, on-site fax machine and the necessary computer equipment to
properly run DTS software and to send and receive email.
ln the event of criminal activity at a storage facility, the City may require the Tow Operator to take measures to
assist in preventing such crimes. These measures could include, but are not limited to. the yard being
illuminated during darkness, with security type lighting, to such a degree that visual observation of the entire
yard may be accomplished at all times, improved fencing and/or security patrols.
All vehicles stored or impounded as a result of a tow ordered by the City shall be towed directly to a towing
service storage lot unless the City, or in the case of a citizen's assist, a person legally in charge of the vehicle,
requests that it be taken to some other location
All vehicles towed as a result of action taken by the City will be stored at the Tow Operator's principal place of
business unless directed othen¡vise by the City's Tow Coordinator. Vehicles stored at an auxiliary storage facility
will be considered a breach of this Agreement. The Tow Operator shall not remove personal property from a
stored vehicle. lf the registered owner removes personal property from a stored vehicle, the Tow Operator will
maintain documentation of such and will require a signed receipt from the registered owner for property
released. The Tow Operator shall immediately notify the City if any contraband, weapons or hazardous
materials are found in the vehicle(s).
9. Enclosed Facilitv
The Tow Operator may maintain, without charge to the City or any other person, separate and enclosed garage
facilities no less than 1,000 square feet of clean working space. The facility must be constructed to include a
roof and at least four walls of substantial design to withstand the elements and protect the vehicles from the
weather. The facility should have a concrete floor and sufficient lighting. This inside facility must be located at
the Tow Operator's primary storage yard. This inside facility is not required to qualify for the City's rotation,
however, when inside storage is requested for a particular vehicle, the next Tow Operator in line meeting the
needs of the City's request wiil be used.
10. DTS Requirements
Tow Operator shall utilize the most recent, updated and upgraded DTS software program, to dispatch and track,
via a web-based lnternet connection. Tow Operators will be required to enter the towed vehicle information as
instructed by the City. At no time will a vehicle be released, subject to lien, or junked from impound without all
required data fields being entered into the DTS system by the Tow Operator. The Tow Operator shall clearly
identify and enter into DTS the name of the person to whom the vehicle was actually released. All City tow
requests shall be made utilizing this program. Failure at any time to have the DTS program in full operation shall
cause the immediate removal of the Tow Operator from the tow rotation and be grounds for immediate
termination by City Tow Operator must enter into a separate agreement, or license for the DTS software
program with the owner of that proprietary software. The City shall not provide the DTS software program, any
licensing or sub-licensing thereof or any intermediary services for the procurement by Tow Operator of the DTS
software program. This Agreement shall not be executed by the City until Tow Operator has demonstrated to
the City's satisfaction compliance with the requirements set forth herein. Tow Operator shall be liable for all
fees, charges, prices, rates and service charges required from DTS. DTS shall be utilized in "real time" and all
entries should reflect as such. lnvoices shall be used from DTS when releasing vehicles and be pursuant to
section 22651.07 of the CVC. The only Tow Operator personnel authorized to utilize and access DTS are those
that have fully complied with the provisions set forth in Section 12,"Tow Operator Personnel" of this Agreement
lf the Tow Operator is not in FULL compliance with the above stated requirement, the Tow Operator will be
removed from the City towing rotation. ln the event that DTS fails to provide software services, or the City elects
to utilize a new software provider, the Tow Operator will be required to use the replacement towing software
system. lf that occurs, all references to DTS in this Agreement shall instead be interpreted as references to the
new software program.
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11. Official Notification bv Citv Reqardinq Tow
Official notification by City regarding tow services is considered any form of written, email, verbal instructions or
notifications received from an authorized City employee or electronic notice from the DTS program lf the Tow
Operator receives verbal instructions or notifications from a City employee the Tow Operator must respond to
City, by 5:00 p.m. (PST) on the next business day.
12. Tow Operator Personnel
A.) Conduct
The Tow Operator shall perform the services required of it in an ethical, orderly manner, endeavoring to
obtain and keep the confidence of the public. At no time will the Tow Operator or its agent or any
employee of the Tow Operator exhibit any of the following behavior: rudeness, or othen¡vise being
uncooperative, argumentative, threatening, incompetent or acting in a dangerous manner with any City
employee, or with any member of the public. The City reserves the right to cancel an individual tow
assignment, if in the opinion of the City, the Tow Operator is acting in a rude, uncooperative,
argumentative, threatening, incompetent or dangerous manner. The City also reserves the right to cancel
an individual tow assignment if in the opinion of the City the Tow Operator is likely to damage the vehicle
for which the tow service was called. Other examples of unacceptable behavior include but are not limitedto. profanity, abusive language, disconnecting telephone calls for public inquiries regarding a tow,
threatening, aggressive, or assertive language, failure to provide timely information or documents in
response to a public or City inquiry, lack of respect to any City personnel or member of the public,
destruction or damaging of evidence, failure to comply with the reasonable request of a member of the
public, failure to release vehicle in a timely manner, failure to make appointment for release of vehicle
during evening or weekend hours, failure to promptly be on site at time of appointment for release of
vehicle during evening or weekend hours, impeding an investigation or any other conduct which the City
deems unprofessional.
lf the Tow Operator is found to be in violation of this conduct clause, the City will cancel the Tow Operator
and request the next Tow Operator in rotation. Any such behavior as set forth above shall be considered
a material breach of this Agreement and may be grounds for immediate suspension or immediate
termination by the City, without penalty
B.) PersonnelAppearance
Tow Operators shall be required to furnish their employees with a distinctive company uniform Each
uniform shall have the firm's name, as well as the employee's name, in a conspicuous place. The tow
company's name and driver's first name shall be clearly visible at all times, meaning that protective or
inclement weather outer garments must meet this standard. Each employee shall have sufficient uniforms
so as to maintain a neat, clean appearance at all times. Minimum requirements for uniforms include a
shirt, long pants, and appropriate safety shoes. All drivers shall be in uniform before any towing or service
operation begins. No wording, designs, photos, gestures, or anything that could be considered offensive
or obscene to the general public shall be displayed by the Tow Operators or on any part of the uniform.
Dress standards are required in order to project a professional and positive image to the public.
All employees must be neat, clean and well groomed in appearance. ln order to ensure a professional
appearance, all tattoos must be concealed by operators while working. Personnel will be required to
conceal any tattoos with gloves, collars, long sleeves, or by other means acceptable to the City. Facial
tattoos of any variety are not permitted. No facial piercings shall be worn while on duty.
Drivers shall wear safety vests or reflectorized clothing that conforms to Occupational Safety and Health
Administration (OSHA) requirements. Alternatively, the OSHA safety requirements may be incorporated
into the uniform, jacket, or rain gear, as long as these items are worn as the outermost garment.
C.) UnlawfulActivity
The Tow Operator or it's employees shall not be involved, nor shall the Tow Operator or its employees
become involved in any agreement or activity whether verbal, written or conveyed in any other manner,
any activity or business venture which may be construed as unlawful. lf the City deems the involvement
to be unlawful, the City may immediately terminate this Agreement.
The Tow Operator shall not provide any direct or indirect commission, gift or any compensation to any
person or public or private entity, in consideration of arranging or requesting the services of a tow truck as
provided in section 12110 of the CVC.
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No Tow Operator will be involved or solicit any compensation of any kind including but not limited to
involvement with any other company or business that might result in income or consideration as a result of
any activity initiated by the City.
An example of such a prohibited involvement could include but is not limited to: financial reimbursement
by auto-body repair business for referrals, or towing directly from the scene of a collision to the auto-body
shop without prior unsolicited approval or request by the registered owner, driver or insurance company
representative of the damaged vehicle; kickback to or from a security company or homeowner's
association for "finding" or towing a vehicle from a location, whether private property, public, off street
parking facility or a public roadway. Violation of this provision shall be grounds for immediate termination
by City, without penalty.
D.) Personnel Licenses
Tow Operators providing services under this Agreement, including tow truck drivers, dispatchers and other
office personnel, will have sufficient knowledge, experience and capability to ensure safe and proper
discharge of their service responsibilities. lt will be the responsibility of the Tow Operator to ensure that all
of its personnel will be properly licensed in accordance with sections 12500, 12520, and '12804.9 of the
CVC. All tow truck drivers and tow truck operators shall be enrolled in the "Pull Notice" program as defined
in CVC section1808.1 et seq.. Drivers must complete a CHP approved Tow Operator Course every fìve
(5) years and copies of completion of the course shall be sent to the City. All Tow Operators and
personnel shall have no criminal record which would preclude them from being placed in a position of trust
while in the service of a law enforcement agency or any crime listed below under the heading of "Criminal
Record."
E.) Fingerprints
All owners and employees who have not previously submitted their "LiveScan" fingerprint samples shall
submit their "LiveScan" fingerprint samples, at their own expense, through the City prior to being awarded
this Agreement, for the purposes of verifying their criminal history with the Department of Justice.
Failure to provide information regarding the identity of the owner, employee, or anyone else with a
financial interest in the Tow Operator will result in termination of this Agreement. The Tow Operator will
provide the City with information regarding any change in employee status immediately and update DTS
to reflect such changes. Failure to comply may result in further disciplinary action, and will be considered
a breach of this Agreement.
After execution of this Agreement, no person shall be employed by the Tow Operator or perform any
service under this Agreement until the background record check and "LiveScan" is completed and
approved by the City and said employee has received their identification badge from the City.
Notwithstanding the foregoing, Tow Operators and owners that have towed for the City under the previous
Tow Service Agreement and have completed a new background and "LiveScan" check will be allowed to
continue to tow for the City until such time as the results of the background and "LiveScan" submissions
are reviewed and approved by the City.
Any employee of the Tow Operator that has left employment with said Tow Operator and returned and
been rehired must complete an additional background check before performing services pursuant to this
Agreement
F.) Criminal Record
A conviction of anyone with a financial interest in the Tow Operator, or any employee of the Tow Operator,
including but not limited to any of the following offenses, may be cause for denial of application or
termination of this Agreement:
. Any crimes listed in California Penal Code section 290¡ DUI-Within 5 years of the Date of Fingerprinting
o Vehicle theft. Fraud. Stolen Property
o Crimes of Violence. Any felony crime relating to narcotics or any controlled substance
. Any other crimes enumerated in CVC section 2432.3
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. Actively on parole or on any form of probation
. Crime of moralturpitude. Sex, Arson, Narcotics Registrant. Other felony conviction
The City is not required to provide any reason, rationale or factual information in the event it elects to deny
application or remove any of Tow Operator's personnel from providing services for the City under this
Agreement. Tow driver or employee applicants denied under this section may appeal to the Chief of
Police or his/her designee. All decisions by the Chief of Police, or his/her designee, are final.
ln the event the Tow Operator or employee is convicted or is under investigation, the Tow Operator may
be given the opportunity to replace that employee without prejudice to the Agreement. Nothing shall
prohibit the City from removing, suspending or terminating the Agreement lt will be the responsibility of
the Tow Operator to provide the City with updated information regarding any illegal activity, arrest(s) or
conviction of any Tow Operator and/or employee. For the purpose of this section, any conviction or plea
of guilty or nolo contendre, even to any lesser-included offense, are considered convictions. Failure to
provide information regarding the identity of the employee, or anyone else with a financial interest in the
Tow Operator will result in termination of the Agreement. Failure to provide information to the City of any
information regarding the conviction of any of the above crimes may also result in termination of the
Agreement
G.) ldentificationBadges
Each tow truck driver or employee of the Tow Operator shall wear, in plain view an identification badge,
authorized and issued by the City to that employee, while on any call for service where the City is
involved. lf a tow truck driver responds to a scene without his authorized name badge, the tow truck
driver will be dismissed from the scene and the next Tow Operator in rotation will be called. Failure to
catry an identification badge will be considered a violation as stated in Section 31, "Disciplinary Action," of
this Agreement. The purpose of these badges will be to identify those employees of the Tow Operator
who have been fingerprinted by the City and have passed the record check by the Department of Justice.
All identification badges are the property of the City and will be returned by the Tow Operator to the City
within forty-eight (48) hours of an employee's separation. Tow Operator will provide a current list of all
staff including drivers, dispatchers, etc. Anytime there are any changes to this list, the City is to be notified
by the next business day and provided with an updated and current list.
13. Tow Operator Licensinq and Certification
All licensing and certifications required by Federal, State and local authorities shall be maintained current and
valid at all times as required in CVC sections: 34507.5,34600 et seq, 34620, and 12111, and sections 7231 el
seq, of the California Revenue and Taxation code. Failure to have any required license or certification, including
any driver who fails to have an appropriate class of license, may be grounds for immediate termination by City
without penalty.
14. lnspection
All real property and improvements thereon, and all vehicle facilities, equipment and materials used by the Tow
Operator in the performance of the services required herein shall be open to inspection by the City or its
authorized representative, and will be subject to no less than one annual inspection. Additional inspections may
be conducted without notice during normal business hours. lnspections may include, but are not limited to, all
books, accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose of auditing
or inspecting any aspect of performance directly related to this Agreement. ln the event that the City determines
that the real property and improvements thereon are insufficient, derelict or fail to meet the requirements as
called out in this Agreement, this Agreement may be terminated by City immediately, without penalty.
15. Vehicle and Equipment Requirements
Tow vehicles will be maintained in compliance with sections 24605, 25253, 25300, 27700 and 27907 of the
CVC. Tow vehicles will be of at least 14,000 lbs. GVWR with dual rear wheels, with the ability to tow two (2)
vehicles, or a vehicle and/or a trailer. Tow vehicles must have two-way communication capabilities and the
ability to communicate and connect with the DTS System at all times. The Tow Operator shall have equipment
capable of towing from off-road areas, towing from underground facilities, and recovery services with an
adjustable boom with at least five tons of lifting capacity. ln addition to the conventional wheel lift towing
capabilities, the Tow Operator shall maintain at least one or more flatbed or rollback trucks with a minimum of
fifty (50) feet of cable, and the required safety equipment. Unless otherwise specified by the City, all Tow
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Operators shall respond to a tow service request with a flatbed or rollback truck as specified above. At the
discretion of the tow operator, a wrecker may be used to respond to a tow service request. lf for any reason the
Tow Operator is unable to complete the tow service request with the wrecker, the Tow Operator will not be
placed back on the top of the rotation list and a new Tow Operator will receive the tow service request.
A 3-axle or 25-ton truck is not required equipment. However, Tow Operators that possess this equipment will be
placed on a heavy-duty tow rotation list.
All trucks must have the required emergency lighting, portable stop and tail lamps, a broom, shovel, fire
extinguisher (rating 4-8, C), a utility light, reflective triangles, a large pry-bar, covered trash cans with approved
absorbent, rags, unlocking equipment, dollies (boom trucks), chains, and/or tie downs.
Wheel lift trucks will maintain at least 100 feet of cable and all safety equipment as required by the
manufacturer.
Tow vehicles must have a cable winch of sufficient size and capacity to retrieve vehicles that have gone off
traveled portions of roadways into inundated areas or other inaccessible locations. Winches must have visible
lD tags designating the model, make, serial number, and rated capacity.
All tow trucks used in City tows will be subject to a yearly inspection. This does not preclude the City from
conducting random inspections throughout the year.
16. Vehicleldentification
Tow vehicles shall display identification signs in compliance with section 27907 of the CVC. The Tow Operator
shall not display any sign or advertising material that indicates that his tow vehicles are an official police service
of the City.
17. Charqes and Fees to be collected from Reqistered Owners
All rates and charges shall be conspicuously posted in the office and in all tow vehicles These rates shall quote
complete charges and fees with no additional fees to be added at a later date. These rates will be available for
review by City personnel and/or the person for whom tow service is provided. All fees collected shall be itemized
and invoiced in DTS in accordance to section 22651.07 of the CVC. lt will be the Tow Operator's responsibility
to collect his bill for service, and the City will not be responsible in any way for these charges. Storage fees will
be calculated on the calendar day except the first 24-hours which is counted as a single day in accordance with
California Civil Code (CCC) 3068.1 (see Attachment B). Allfees listed on the DTS invoice will be received in the
form of major credit card, debit card, or cash. All fees collected, both City and Tow Operator fees, must be
invoiced through the DTS system prior to release and at the time of payment. No credit card fees will be
charged pursuant to CVC section 22651.1 and CCC section 1748.1 for any portion of the fees. The City
reserves the right to change all payment methods during the term of this agreement.
18. Lien Fees
At no time shall the City be charged a lien fee on a towed or impounded vehicle. No lien shall be attached to
any vehicle that has been impounded by the City until after seventy-two (72) hours from the time of storage as
listed in the DTS system have passed pursuant to section 22851.12 of the CVC. All lien transactions must be
entered into the DTS system by Tow Operator Vehicles sold at lien sale shall abide by all laws relating to lien
sales. A vehicle held in impound by the City for thirty (30) days, shall not be sold at lien until such time as is
considered reasonable to allow the registered owner time to pay for and pick up the vehicle before it is sold at
lien, but under no circumstances before the thirty-fifth (35'n) day after storage.
The Tow Operator shall abide by all applicable statutes and ordinances concerning disposal of unclaimed
vehicles, including but not necessarily limited to CVC sections 22670; 22851', 22851.1: 22851.2; 228513',
22851.4; 22851 .6', 22851.8', 22851.10,22851.12 and 22852.5.
As described in CVC section 22856, liability for despoliation of evidence shall not arise against the Tow
Operator that sells any vehicle at, or disposes of any vehicle after, a lien sale, as long as the Tow Operator can
show written proof that he was notified in writing by the City that the vehicle would not be needed as evidence in
a legal action. This proof may exist in the form of an official release in the DTS System or any other written
conveyance signed by a member of the City prior to the official, written release of the vehicle.
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19. Reasonableness and Validitv of Fees
Fees charged to the registered owner or any other person for response to calls originating from the City shall be
reasonable and not in excess of those rates charged for similar services provided in response to requests
initiated by any other public agency or private person. During the term of this agreement, the City shall conduct
an annual review each December of towing and storage fees of comparable cities and adjust rates set forth in
Attachment B by the first week of January of the following year.
20. Towinq Operation
All tows performed under this Agreement will be included in the flat rate charge as described in Attachment B.
No additional charges shall be charged without prior approval from the City and written notice is provided in the
DTS System. Any unapproved charges received outside the DTS System will result in immediate termination of
this Agreement and removal from the rotation list.
The Tow Operator shall base towing charges upon the class of vehicle being towed regardless of the class of
the truck used, except when vehicle recovery operations requrre a larger class truck. The Tow Operator may
refer to the tow truck classes and weight ratings as defined by the Towing & Recovery Assooation of America
(TRAA) vehicle identification guide.
2'1. Service Call Rotation and Fees
The City shall establish a separate rotation list for Tow Operators willing to respond to service requests (out of
gas, lockouts, tire changes, etc.) Rates for a service requests shall not exceed one-half the flat rate charge for a
light duty truck response.
22. Gate Fees
No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding State
recognized holidays as listed below:
New Year's Day
Martin Luther King Day
Presidents'Day
Cesar Chavez Day
Memorial Day
lndependence Day
Labor Day
Veterans'Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
An after hours gate fee may be charged at all other times. The gate fee is not to exceed fifty percent (50%) of
the flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal
property recovery that occurs outside normal business hours (excluding lien fees, storage fees, taxes, or other
additional fees.) The Tow Operator is responsible for assuring that proper gate fees are charged in accordance
with this section. Over charging gate fees will be considered a major violation as outlined in Section 30.
All towing and storage fees charged by the Tow Operator are the responsibility of the vehicle's owner and are
not the responsibility of the City. The exception would be evidentiary impounds made at the direction of City
personnel.
23. Gancelled Tow
The City shall not be liable to pay the Tow Operator or anyone else any charge or other fee for a call that does
not result in a chargeable service being rendered by Tow Operator ("Dry Run"). The cancelled Tow Operator
shall be placed back on the top of the rotation list and will receive the next tow in rotation.
24. Towed in Error
ln the event the City determines that an error has occurred in impounding a vehicle, it shall be immediately
released to the registered owner without charge and the Tow Operator will be placed back on the top of the
rotation list and will receive the next tow in rotation. ln addition, the Tow Operator will be given one extra tows
on the rotation list. Additional extra tows may be given at the discretion of the Tow Unit.
25. Release Fees
California law authorizes the recovery of funds required to enforce certain provisions of the CVC and promote
traffic safety on public roadways. This authorization falls under CVC section 22850.5 and further authorized by
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City resolutions. These resolutions are open to public view at the City and/or City offices and are on file with the
City's Traffic Bureau. The Tow Operator will collect fees on the behalf of the City from the registered owner,
legal owner or agent of an impounded car.
A City administrative / franchise fee will be charged for the release of a vehicle that has been impounded by the
City. Fees will be established by an independent consulting firm to determine the City's costs associated with
impounding vehicles in accordance with CVC sections 22850.5 and 12110(b). All vehicles impounded will be
charged an administrative I franchise fee for the release of the vehicle. This fee will be established and attached
to each vehicle in the DTS System. The City's administrative fees will be collected at the time of the release by
the Tow Operator. The Tow Operator will pay the City's franchise fees equivalent to the City's administrative
fees for every vehicle that is not picked up by the owner or agent. The Tow Operator will pay the City's
administrative / franchise fees for every.City vehicle that was towed during the preceding month and will pay the
City no later than 12.:00 p.m. on the 15"'of the following month, regardless of the disposition of the vehicle. ln
the event that the 1 5th of the month falls on one of the State recogniied holidays listed in Section 22 above, or a
weekend, the City's administrative/franchise fee must be paid by 12:00 p.m. on the following business day. Tow
Operators who fail to submit the City's administrative / franchise fees to the City by the 15'n day of each month
will be immediately suspended from rotation until all fees are received, and will be subject to appropriate
disciplinary action and civil recourse. The City will keep a strict accounting of these fees through the DTS
System and frequent audits will take place to ensure accurate and timely payment of collected City
administrative / franchise fees. The fee will be listed as an item on the owner's / agent's DTS contractor invoice.
26. UnauthorizedRelease
Unauthorized release of an impounded vehicle, accidental or otherwise, having evidentiary value, not officially
released by the City, and determined to be the fault of the Tow Operator, will result in the issuance of a major
violation as set forth in this Agreement. The determination of such fault will be the responsibility of the City.
27. Release of Multi-Dav lmpounds
A vehicle impounded with a multiple day hold may only be released prior to the impound period with written
authorization by the City in the DTS System. The DTS System will automatically schedule the release of an
impounded vehicle.
28. Release of Vehicles
Vehicles may only be released through the DTS System. Once the DTS System authorizes the release of a
stored or impounded vehicle, it is the Tow Operator's responsibility for the vehicle's release. The Tow Operator
is hereby granted authority to release to the registered owner, legal owner, or authorized representative,
pursuant to section 22850.3 of the CVC. At the time of release, the Tow Operator shall have the registered
owner, legal owner, or authorized representative taking possession of the vehicle sign a release indicating that
they are properly licensed and insured to drive a motor vehicle
29. DisciplinarvAction
The Chief of Police, or his/her designee, shall take disciplinary action against Tow Operators for violations
investigated and sustained. Unless otherwise noted, the Chief of Police, or his/her designee, will determine the
period of suspenston and shall retain discretion regarding the length of any suspension imposed pursuant to the
terms and conditions of this Agreement The City shall retain record of violations for at least the term of this
Agreement.
30. Maior violations
Major violations include any chargeable offense under Federal, State, Local Law and significant violations of this
Agreement. Such violations shall result in suspension or immediate termination of this Agreement. The Chief of
Police, or his/her designee, reserves the right to impose longer periods of suspensions or immediate
termination, if deemed appropriate in his/her sole discretion. The Chief of Police, or his/her designee, reserves
the right to remove a Tow Operator from the tow rotation during the investigation of a major violation. A
reinstatement from suspension for a major violation will result in a five hundred dollar ($500.00) fee. Suspension
will not be lifted until the reinstatement fee is received by the Chief of Police or his/her designee. ln addition, a
major violation may also result in the Tow Operator's employee being removed from participation in this
Agreement. Examples of major violations include, but are not limited to:
. Physical assault, against public and/or law enforcement. Verbal abuse against public and/or law enforcement. Resisting arrest. Tow Truck Driver under the influence of alcohol or illegal drugs
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. Charging rates that exceed those listed in Attachment B
. Vehicle released without authorization. Unauthorized access to storage yard
. Theft
o Mishandling of vehicles stored as evidence. Unauthorized driver responding to call
. Failure to provide information or change of status on any Tow Operator employee or staff
. Substantiated private party impound complaints
. Any Felony/Misdemeanor arrest. Refusal to take a rotational tow. Failure to utilize the DTS System for all City towing related matters
. Repeated late or nonpayment of City franchise fees
. Failure to properly secure storage yard
. Failure to obey a lawful order by law enforcement
31. Minor violations
Minor violations will be given to the Tow Operator in the form of a documented warning for the first violation. The
second violation will be in the form of a documented reprimanded and a one hundred dollar ($100.00) fine.
Repeated minor vrolations during the term of the Agreement may be treated as a major violation, and the Tow
Operator will be suspended or terminated from this Agreement. A reinstatement from suspension will result in a
five hundred dollar ($500.00) fee. Suspension will not be lifted until the reinstatement fee is received by the
Chief of Police or his/her designee. Examples of minor violations include, but are not limited to:
. Late payment of City franchise fees. Tow truck drivers not wearing City issued l.D. cards/ proper uniform
. Unauthorized arrival time in excess of thirty (30) minutes, or forty-five (45) minutes during peak hours
. Repeated rejection of dispatched calls
¡ Other violations of this Agreement not considered a major violation by the Chief of Police or his/her
designee. Unauthorizedride-a-long. Failure to respond to customers' needs
. Failure to maintain proper equipment. Failure to clean up at a collision scene
. Vehicle code infractions
32. Hearinq/Appeal
Tow Operator must have a legal existing interest in the tow operation or entitlement subject to the City order,
citation, decision or determination to have standing to appeal a decision by the Chief of Police or his/her
designee. An appeal that fails to identify the appellant's standing may be rejected as defective.
ln the event FPD serves Tow Operator with disciplinary action amounting to anything less than a suspension
resulting from a minor violation, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow Unit.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension for thirty (30) days or
less resulting from a minor or major violation, the Tow Operator may request a hearing within fifteen (15)
calendar days by submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow
Unit. Upon receipt of a written request for an appeal, and at the discretion of the Chief of Police, or his/her
designee, the Tow Operator may be allowed to continue rotational tows until the final disposition of the appellate
hearing.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension in excess of thirty (30)
days, or termination of the TSA, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Administrative Hearing Officer by way of the City Manager's Office. The
written appeal shall be in compliance with FMC sections 1-407 and 9-1712. Notwithstanding any provisron
within Chapter 1, Article 4 of the FMC, any person who appeals a suspension in excess of thirty (30) days, or a
termination of the TSA shall not be entitled to placement on the Tow Rotation List or to participate in tows until
such time as any appeal hearing has been concluded and the Administrative Hearing Officer finds that no
grounds for a suspension in excess of thirly (30) days, or a termination of the TSA has been established Tow
Operator's remedy shall be limited to reinstatement on the tow rotation list in such case and no other
compensation or consideration will be allowed.
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ATTACHMENT B
TOW FEES
Flat price oer vehicle per call:
Light Duty Tow/Flatbed $ 184.00/Each
Medium Duty Tow $ Average CHP Rates Apply
Heavy Duty Tow $ Average CHP Rates Apply
Water Recovery: $ Average CHP Rates Apply
Technoloqv Fee:
DTS Software Fee per Vehicle Towed $ Charge listed in DTS Contract and DTS System
Storage Rates:
Passenger cars $ 45.00/per dayMotorcycles $ 45.00/per day
Trucks or Trailers $ Average CHP Rates Apply
lnside Storaqe Rates:
Passenger cars $ 55.00/per dayMotorcycles $ 55.00/per day
Trucks or Trailers $ Average CHP Rates Apply
Gate Fee: No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding
State recognized holidays as listed in the Agreement.
An after hours gate fee may be charged at all other times. The gate fee shall not exceed fifty percent (50%) of the
flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal property
recovery that occur outside normal business hours (excluding lien fees, storage fees, taxes, or other additional
fees).
Non-tow service calls (out of gas, lockouts, and flat tires) shall not exceed one-half the flat rate charge for a light
duty truck response.
Citv of Fresno Administrative / Franchise Fees:
Vehicle Collision Blocking a Roadway $ 60.00
lllegally Parked / Abandoned Vehicle $116.00
Unlicensed Driver / Expired Registration $189.00
Arrested / Suspended Driver $266.00
DUI Driver $450.00
All fees listed on the DTS invoice will be received in the form of major credit card, debit card or caså. No
credit card fee will be charged pursuant to CVC section 22651.1 and CCC section 1748.1.
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CITY OF FRESNO
NON-EXCLUSIVE FRANCHISE TOW AGREEMENT
FOR FRESNO POLICE DEPARTMENT
This Non-exclusive Franchise Tow Agreement (TSA) is entered into effect on the 28th day of December 2014 set
forth below, at Fresno, California, between the City of Fresno, a municipal corporation (City) and Ron's Towing,
a sole proprietorship (the Tow Operator).
This Agreement, including all attachments, contains rules and regulations that a tow company agrees to comply
with in order to participate in the tow operations of the City of Fresno Police Department (FPD). Participation in
the FPD Rotation Tow Program (Tow Program) is voluntary. Compliance with all of the terms and conditions of
the Agreement is mandatory for tow companies participating in the Tow Program. A Tow Operator, by agreeing
to participate in the Tow Program, is not acting as an agent for FPD or City when performing services under this
Agreement.
1. Governinq Law and Venue
This Agreement shall be governed by, and construed enforced in accordance with, the laws of the State of
California excluding, however, any conflict of laws rule which would apply the law of another jurisdiction Venue
for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any
rights and duties hereunder shall be the County of Fresno, California.
2. Entire Aqreement
This Agreement, its attachments and exhibits, when accepted by the Tow Operator either in writing or
commencement of performance hereunder, contains the entire Agreement between the parties with respect to
the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth
herein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by
City in writing
3. Amendments
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the
parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties;
and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in
writing.
4. Assiqnment or Sub Contractinq
The terms, covenants, and conditions contained herein shall apply to the parties. Furthermore, neither the
performance of this Agreement nor any portion thereof may be assigned or subcontracted by Tow Operator
without the express written consent of City. Any attempt by Tow Operator to assign or subcontract the
performance or any portion of this Agreement without the express written consent of City shall be invalid and
shall constitute a breach of this Agreement.
5. PatenUCopvriqht Materials/Proprietarv lnfrinqement
Unless otheruvise expressly provided in this Agreement, Tow Operator shall be solely responsible for obtaining a
license or other authorization to use any patented or copyrighted materials in the performance of this
Agreement. Tow Operator warrants that any Software as modified through services provided hereunder will not
infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Tow Operator
agrees that, in accordance with the more specific requirement below, it shall indemnify, defend and hold City
and City lndemnitees harmless from any and all such claims and be responsible for payment of all costs,
damages, penalties and expenses related to or arising from such claim(s), including, but not limited to,
attorney's fees, costs and expenses.
6. Non-Discrimination
ln the performance of this Agreement, Tow Operator agrees that it will comply with the requirements of section
1735 ol the California Labor Code and not engage nor permit any Tow Operators to engage in discrimination in
employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, marital status, or sex of such persons. Tow Operator acknowledges that a
violation of this provision shall subject Tow Operator to all the penalties imposed for a violation of anti-
discrimination law or regulation, including but not limited to, section 1720 et seq. of the California Labor Code.
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7. Termination
ln addition to any other remedies or rights it may have by law, City has the right to terminate this Agreement
without penalty immediately with cause and either party may terminate after thirty (30) days written notice
without cause, unless otherwtse specified. Cause shall be defined as any breach of this Agreement or any
misrepresentation or fraud on the part of the Tow Operator. Exercise by City of its right to terminate the
Agreement shall relieve City of all further obligation.
8. Consent to Breach Not Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or
consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any
party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver
of, or excuse for any other different or subsequent breach.
9. Remedles Not Exclusive
The remedies for breach set forth in this Agreement are cumulative as to one another and as to any other
provided by law, rather than exclusive; and the expression of certain remedies in this Agreement does not
preclude resort by either party to any other remedies provided by law.
10. lndependent Tow Operator
Tow Operator shall be considered an independent Tow Operator and neither Tow Operator, its employees nor
anyone working under Tow Operator shall be considered an agent or an employee of City. Neither Tow
Operator, its employees nor anyone working under Tow Operator, shall qualify for workers' compensation or
other fringe benefits of any kind through City.
11. Performance
Tow Operator shall perform all work under this Agreement, taking necessary steps and precautions to perform
the work to City's satisfaction. Tow Operator shall be responsible for the professional quality, technical
assurance, timely completion, and coordination of all documentation and other goods/services furnished by Tow
Operator under this Agreement. Tow Operator shall: perform all work diligently, carefully, and in a good and
workman-like manner; furnish all labor, supervision, machinery, equipment, materials, and supplies necessary
therefore; at its sole expense obtain and maintain all permits and licenses required by public authorities,
including those of City required in its governmental capacity, in connection with performance of the work; and, if
permitted to subcontract, be fully responsible for all work performed by sub-Tow Operators.
12. lndemnification
A) Tow Operator shall indemnify, hold harmless and defend City and each of its officers, officials,
employees, agents and authorized volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to
personal injury, death at any time and property damage) incurred by City, Tow Operator, or any
other person, and from any and all claims, demands and actions in law or equity (including
attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of
performance of this Agreement. Tow Operator's obligations under the preceding sentence shall
apply regardless of whether City or any of its officers, officials, employees, agents or authorized
volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or
damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any
of its officers, officials, employees, agents or authorized volunteers.
B) lf Tow Operator should subcontract all or any portion of the work to be performed under this
Agreement, Tow Operator shall require each subcontractor to indemnify, hold harmless and defend
City and each of its officers, officials, employees, agents and authorized volunteers in accordance
with the terms of the preceding paragraph.
C) This section shall survive termination or expiration of this Agreement.
13. lnsurance
A) Throughout the life of this Agreement, Tow Operator shall pay for and maintain in full force and
effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted
by the California lnsurance Commissioner to do business in the State of California and rated not
less than "A-Vll" in Best's lnsurance Rating Guide, or (ii) authorized by City's Risk Manager. The
following policies of insurance are required:
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5)
B)
1) COMMERCIAL GENERAL LIABILITY insurance which shall be on the most current version of
lnsurance Services Office (lSO) Commercial General Liability Coverage Form CG 00 01 and
include insurance for "bodily injury," "property damage" and "personal and advertising injury"
with coverage for premises and operations, products and completed operations, and
contractual liability (including, without limitation, indemnity obligations under the Agreement)
with limits of liability of not less than $1,000,000 per occurrence for bodily injury and property
damage, $1,000,000 per occurrence for personal and advertising injury and $2,000,000
aggregate for products and completed operations and $2,000,000 general aggregate.
2) GARAGEKEEPERS LEGAL LIABILITY insurance which shall include coverage for vehicles in
the care, custody, and control of the Tow Operator with limits of liability of not less than
$120,000 per occurrence for property damage.
3) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be on the most current
version of lnsurance Service Office (lSO) Business Auto Coverage Form CA 00 01, and
include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles
(Code 1- Any Auto) with limits of not less than $1,000,000 per accident for bodily injury and
property damage.
4) ON-HOOIICARGO insurance which shall include coverage for vehicles in tow with limits of
liability based on the size of the tow truck, which are as follows:
a) Class A/B tow truck... ... ... ... $120,000b) Class C tow truck. ... $200,000c) Class D tow truck. ...$300,000
WORKERS' COMPENSATION insurance as required under the California Labor Code and
EMPLOYERS' LIABILITY insurance with minimum limits of $1,000,000 each accident, $1,000,000
disease policy limit and $'1,000,000 disease each employee.
Tow Operator shall be responsible for payment of any deductibles contained in any insurance
policies required hereunder and Tow Operator shall also be responsible for payment of any self-
insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate
of lnsurance and approved by the City's Risk Manager or his/her designee. At the option of the
City's Risk Manager, or his/her designee, either:
1) The insurer shall reduce or eliminate such deductibles or self-insured retention as
respects City, its officers, officials, employees, agents and volunteers; or
2) Tow Operation shall provide a financial guarantee, satisfactory to City's Risk Manager, or
his/her designee, guaranteeing payment of losses and related investigations, claim
administration and defense expenses. At no time shall City be responsible for the payment of
any deductibles or self-insured retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30)
calendar days written notice in favor of City of policy cancellation, change or reduction of coverage,
except for the Workers'Compensation policy which shall provide ten (10) calendar days written
notice of such cancellation, change or reduction of coverage. ln the event any policies are due to
expire during the term of this Agreement, Tow Operator shall provide a new certificate and all
applicable endorsements evidencing renewal of such policy prior to the expiration date of the
expiring policy(ies) to the Chief of Police, or his/her designee, and the City's Risk Division Upon
issuance by the insurer, broker, or agent of a notice of cancellation, change or reduction in
coverage, Tow Operator shall file with the Chief of Police, or his/her designee, and the City's Risk
Division, a new certificate and all applicable endorsements for such policy(ies).
The General Liability, Automobile Liability and Garagekeepers Legal Liabilrty insurance policies
shall be written on an occurrence form and shall name City, its officers, officials, agents, employees
and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Tow
Operator's insurance shall be primary with respect to the City, its officers, officials, employees,
agents and authorized volunteers with no contribution required of City. Any Workers' Compensation
insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents,
c)
D)
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employees and authorized volunteers. Tow Operator shall have furnished City with the certificate(s)
and applicable endorsements for ALL required insurance prior to City's execution of the Agreement.
E) The fact that insurance is obtained by Tow Operator shall not be deemed to release or diminish the
liability of Tow Operator, including, without limitation, liability under the indemnity provisions of this
Agreement. City shall apply to all claims and liability regardless of whether any insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by Tow Operator. Approval or purchase of any insurance contracts or policies shall in no
way relieve from liability nor limit the liability of Tow Operator, its principals, officers, agents,
employees, persons under the supervision of Tow Operator, vendors, suppliers, invitees,
consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of
them.
F) Upon request of City, Tow Operator shall immediately furnish City with a complete copy of any
insurance policy required under this Agreement, including all endorsements, with said copy certified
by the underwriter to be a true and correct copy of the original policy. This requirement shall survive
expiration or termination of this Agreement.
G) lf at any time during the life of the Agreement or any extension, Tow Operator fails to maintain the
required insurance in full force and effect, all work under this Agreement shall be discontinued
immediately until notice is received by City that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory to City.
Any failure to maintain the required insurance shall be sufficient cause for City to terminate this
Agreement.
H) lf Tow Operator should subcontract all or any portion of the work to be performed, Tow Operator
shall require each subcontractor to provide insurance protection in favor of the City, its officer,
officials, employees, agents and authorized volunteers in accordance with the terms of each of the
preceding paragraphs, except that the subcontractors certificates and endorsements shall be on file
with the Tow Operator and City prior to the commencement of any work by the subcontractor.
14. Bllls and Liens
Tow Operator shall pay promptly all indebtedness for labor, materials, and equipment used in performance of
the work. Tow Operator shall not permit any lien or charge to attach to the work or the premises, but if any does
so attach, Tow Operator shall promptly procure its release and indemnify, defend, and hold City harmless and
be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related
thereto.
15. Ghanqe of Gontrol
Tow Operator agrees that if there is a change or transfer in ownership or control of the Tow Operator's business
prior to completion of this Agreement, unless such change or transfer is to "immediate family" as deflned in
Fresno Municipal Code (FMC) section 3-101(e) and approved in writing by the Chief of Police, or his/her
designee, such change or transfer shall terminate this Agreement. This includes but is not limited to changes in:
Corporate Board Members, Managers, Directors, Treasurer, Trustees, or ownership interests. All changes or
transfers to "immediate family" must be approved by the Chief of Police, or his/her designee, prior to such
change or transfer in order for the Tow Operator to remain on the tow services list. Final written approval or
disapproval for the change or transfer in ownership or control will be given by the Chief of Police or his/her
designee. All "immediate family" members involved in the potential transfer and operation of the Tow Operator
shall be required to undergo a background check, review, and "Livescan" fingerprint screening The "immediate
family" members involved in the change or transfer of ownership or control must also possess and keep current
all licensing certificates and insurance as required in this Agreement. The "immediate family" members who will
operate or othen¡vise be legally responsible for the Tow Operator will be required to execute a new TSA.
A) Tow Operator owners shall be directly involved in the day{o-day operations of their
business and shall not be directly involved in the towing-related business of any other tow
company on, or applicant for, the Tow Rotation List. Co-mingling of operations, business,
offices, board members, and finances is strictly prohib¡ted.
B) lf terminated or suspended, Tow
termination, shall not be eligible
termination. This section applies
Operator and/or its owner at the time of the suspension or
for a rotation listing for the duration of the suspension or
to the Tow Operator working in any capacity within any tow
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business or operating any tow business and to the tow business even if operated under new
ownership.
C) Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow
Rotation List, excluding equipment which may be unavailable due to repairs or when there is a need
for equipment replacement and written approval is obtained from the Chief of Police or his/her
designee.
16. Force Maieure
Tow Operator shall not be in breach of this Agreement caused by any act of God, war, civil disorder,
employment strike or other cause beyond its reasonable control, provided Tow Operator gives written notice of
the cause of the delay to City within thirty-six (36) hours of the start of the delay and Tow Operator avails itself of
any available remedies.
17. Confidentialitv
Tow Operator agrees to maintain the confidentiality of all City and City-related records and information pursuant
to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term
of this Agreement. All such records and information shall be considered confidential and kept confidential by
Tow Operator and Tow Operator's staff, agents and employees.
18. Compliance with Laws
Tow Operator represents and warrants that services to be provided under this Agreement shall fully comply, at
Tow Operator's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and
regulations, including, but not limited to those issued by City in its governmental capacity and all other laws
applicable to the services at the time services are provided to and accepted by City. Tow Operator
acknowledges that City is relying on Tow Operator to ensure such compliance (collectively Laws). Tow Operator
agrees that it shall defend, indemnify and hold City and City lndemnitees harmless from all liability, damages,
costs, and expenses arising from or related to a violation of Laws.
19. Pricinq
The Agreement price shall include full compensation for providing all required services in accordance with the
Scope of Work attached to this Agreement, and no additional compensation will be allowed therefore, unless
otherwise provided for in this Agreement. Tow Operator shall pay the City Franchise Fees as listed in
Attachment "8", or "City Administrative / Franchise Fees", in accordance with Parag raph 25 of Attachment "4".
20. Terms and Conditions
Tow Operator acknowledges that the undersigned has read and agrees to all terms and conditions included in
this Agreement.
2'1. Severabilitv
lf any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired or invalidated thereby.
22. Calendar Davs
Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless
othenruise expressly provided.
23. Attornev Fees
lf either party is required to commence any proceeding or legal action to enforce any term, covenant or condition
of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other
party its reasonable Attorney's fees and legal expenses.
24. lnterpretation
This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in
the matters dealt with in this Agreement. ln addition, each parly has been represented by experienced and
knowledgeable independent legalcounsel of their own choosing or has knowingly declined to seek such counsel
despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have
not been influenced to any extent whatsoever in executing this Agreement by any other party hereto or by any
person representing them, or both. Accordingly, any rule or law (including California Civil Code section 1654) or
legal decision that would require interpretation of any ambiguities in this Agreement against the party that has
5
drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable
manner to affect the purpose of the parties and this Agreement.
25. Authoritv
The parties to this Agreement represent and warrant that this Agreement has been duly authorized and
executed and constitute the legally binding obligation of their respective organization or entity, enforceable in
accordance with its terms.
26. Emplovee Eliqibilitv Verification
Tow Operator warrants that it fully complies with all Federal and State statutes and regulations regarding the
employment of aliens and others and that all its employees performing work under this Agreement meet the
citizenship or alien status requirement set forth in Federal statutes and regulations. Tow Operator shall obtain,
from all employees performing work hereunder, all verification and other documentation of employment eligibility
status required by Federal or State statutes and regulations including, but not limited to, the lmmigration Reform
and Control Act of 1986, I U.S.C. 51324 et seq., as they currently exist and as they may be hereafter amended.
Tow Operator shall retain all such documentation for all covered employees for the period prescribed by the law.
Tow Operator shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its
agents, officers, and employees from employer sanctions and any other liability which may be assessed against
Tow Operator or City or both in connection with any alleged violation of any Federal or State statutes or
regulations pertaining to the eligibility for employment of any persons performing work under this Agreement.
27. Additional Terms and Gonditions
A) Term of Agreement: This Agreement shall commence on December 28, 2014, and shall be
effective for three (3) years from that date, unless othen¡vise terminated by City.
B) Fiscal Appropriations: This Agreement is subject to and contingent upon applicable budgetary
appropriations being made by the City for each year during the term of this Agreement. lf such
appropriations are not forthcoming, the Agreement will be terminated without penalty. Tow
Operator acknowledges that funding or portions of funding for this Agreement may also be
contingent upon the receipt of funds from, and/or appropriation of funds by City. lf such funding
and/or appropriations are not forthcoming, or are othenvise limited, City may immediately terminate
or modify this Agreement without penalty.
C) Conflict of lnterest (Tow Operator): Tow Operator shall exercise reasonable care and diligence to
prevent any actions or conditions that result in a conflict with the best interest of City. This
obligation shall apply to Tow Operator, Tow Operator's employees, agents, relatives, and third
parties associated with accomplishing the work hereunder. Tow Operator's efforts shall include, but
not be limited to, establishing precautions to prevent its employees or agents from making,
receiving, providing, or offering gifts, entertainment, payments, loans, or other considerations which
could be deemed to appear to influence individuals to act contrary to the best interest of City.
D) Tow Operator Work Hours and Safety Standards: Tow Operator shall ensure compliance with all
safety and hourly reguirements for employees, in accordance with federal, state, and City safety
and health regulations and laws.
E) Orderly Termination: Upon termination or other expiration of this Agreement, each party shall
promptly return to the other party all papers, materials, and other properties of the other held by
each for purposes of execution of the Agreement. ln addition, each party will assist the other Party
in orderly termination of this Agreement and the transfer of all aspects, tangible and intangible, as
may be necessary for the orderly, non-disruptive business continuation of each party.
F) Reprocurement Gosts: ln the case of default by Tow Operator, City may procure the service from
other sources and, if the cost is higher, Tow Operator will be held responsible to pay City the
difference between the Agreement cost and the price paid. City may make reasonable efforts to
obtain the prevailing market price at the time such services are rendered. This is in addition to any
other remedies available under law.
G) Authorization Warranty: Tow Operator represents and warrants that the person executing this
Agreement on behalf of and for Tow Operator is an authorized agent who has actual authority to
bind Tow Operator to each and every term, condition, and obligation of this Agreement and that all
requirements of Tow Operator have been fulfilled to provide such actual authority.
6
28.
H) Notices: Any and all notices permitted or required to be given hereunder shall be deemed duly
given ('1) upon actualdelivery, if delivery is by hand; or (2) upon delivery by the United States mail if
delivery is by postage paid registered or certified return receipt requested mail; or (3) through
electronic means such as, email or the Dispatch & Tracking Solutions Software System (DTS).
l) Data - Title to: All materials, documents, data or information obtained from City data files or any
City medium furnished to Tow Operator in the performance of this Agreement will at all times remain
the property of City. Such data or information may not be used or copied for direct or indirect use
by Tow Operator after completion or termination of this Agreement without the express written
consent of City. All materials, documents, data or information, including copies, must be returned to
City at the end of this Agreement.
J) Usage: No guarantee is given by City to Tow Operator regarding usage of this Agreement. Usage
figures, if provided, are approximate, based upon the last usage. Tow Operator agrees to supply
services and/or commodities requested, as needed by City, at prices listed in the Agreement,
regardless of quantity requested.
K) Tow Operator's Records: Tow Operator shall keep true and accurate accounts, records, books
and data which shall correctly reflect the business transacted by Tow Operator in accordance with
generally accepted accounting principles. These records shall be stored at the Tow Operators
principal place of business for a period of three (3) years after final payment is received by City.
L) Audits/lnspections: Tow Operator agrees to permit City's authorized representative (including
auditors from a private auditing firm hired by City) access during normal working hours to all books,
accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose
of auditing or inspecting any aspect of performance under this Agreement. The inspection and/or
audit will be confined to those matters connected with the performance of the Agreement including,
but not limited to, the costs of administering the Agreement. City reserves the right to audit and
verify Tow Operator's records before or after final payment is made.
Tow Operator agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of records retention is stipulated under this Agreement or
by law. Tow Operator agrees to allow interviews of any employees or others who might reasonably
have information related to such records. Further, Tow Operator agrees to include a similar right to
City to audit records and interview staff of any sub-Tow Operator related to performance of this
Agreement.
M) Should Tow Operator cease to exist as a legal entity, Tow Operator's records pertaining to this
Agreement shall be forwarded to the Chief of Police or his/her designee.
Disputes-Agreement
A) The Parties shall deal in good faith and attempt to resolve potential disputes informally.
1) Tow Operator shall submit to the Chief of Police, or his/her designee, a written demand for a
final decision regarding the disposition of any dispute between the parties arising under,
related to, or involving this Agreement, unless City, on its own initiative, has already rendered
such a final decision.
2) Tow Operator's written demand shall be fully supported by factual information, and, if such
demand involves a cost adjustment to the Agreement, Tow Operator shall include with the
demand a written statement signed by a senior official indicating that the demand is made in
good faith, that the supporting data are accurate and complete, and that the amount
requested accurately reflects the Agreement adjustment for which Tow Operator believes City
is liable.
B) Pending the final resolution of any dispute arising under, related to, or involving this Agreement,
Tow Operator agrees to diligently proceed with the performance of this Agreement. Tow Operator's
failure to diligently proceed shall be considered a material breach of this Agreement.
C) Any final decision of City shall be expressly identified as such, shall be in writing, and shall be
signed by the City Hearing Administrative Officer, or Chief of Police, or his/her designee, as
applicable. lf City fails to render a decision within ninety (90) days after receipt of Tow Operator's
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demand, it shall be deemed a final decision adverse to Tow Operator's contentions. City's final
decision shall be conclusive and binding regarding the dispute unless Tow Operator commences
action in a court of competent jurisdiction.
29. Breach of Agreement
The failure of the Tow Operator to comply with any of the provisions, covenants or conditions of this Agreement
shall be a material breach of this Agreement. ln such event the City may, and in addition to any other remedies
available at law, in equity, or otheruvise specified in this Agreement, undertake any of the individual actions or
any combination of the following actions:
1) Afford the Tow Operator written notice of the breach and ten calendar days or such
shorter time that may be specified in this Agreement within which to cure the
breach;
2) Suspend and/or remove Tow Operator from the rotation;
3) Terminate the Agreement immediately, without any penalty.
The Parties hereto have executed this Agreement.
Ti¡e: è4.ttYl| f
Date: 12- ?- / +
TOW OPERATOR*:
Bv:Title:
TOW OPERATOR:
Print Name:Date:
"lf a corporation or limited liability company, the document must be signed by two corporate officers. The first signature
must be either the Chairman of the Board, President, or any Vice President. The second signature must be the
secretary, an assistant secretary, the Chief Financial Officer, or any assistant treasurers. ln the alternative, a single
signature is acceptable when accompanied by a corporate document demonstrating the legal authority of the
signature to bind the company.
Date:
APPROVED AS TO FORM
DOUGLAS T. SLOAN
Ft- Collef
Date:
ATTEST:
WONNE SPENCE, CMC
City Clerk
By:: Date:
By
CITY OF FRESNO.
I
t z lzzf ty
ATTACHMENT A
SCOPE OF WORK
1. Scope of Work
Tow Operator shall perform the towing, and storage of vehicles as directed by the City, and in addition, such
other services as provided in this Scope of Work, and shall provide necessary storage facility, tow vehicles,
labor, materials, equipment, machinery, and tools. The Tow Operator shall comply with all State laws and
regulations, applicable to tow units and impound, towing, storage, selling or junking of vehicles Tow operators
must follow all guidelines set forth by equipment manufactures recommendations as to their use and care of all
towing related equipment. All permits and licensing fees as specified under California Vehicle Code (CVC)
sections 34620 through 34624 shall be in full force and effect at all times during this Agreement. Any violation of
this section will be considered a material breach of the Agreement and may result in immediate termination of
this Agreement.
2. Towinq Services and Duties
It shall be the duty of the Tow Operator, when so directed by the City, to provide prompt tow service for vehicles
which are taken into custody by the City. This includes vehicles involved in collisions or disabled by any other
cause, abandoned in public places or on private property. Vehicles impounded for evidence, impeding the flow
of traffic, or which for any other reason, are within the jurisdiction of the FPD As required by law, Tow
Operators are to remove from the street all debris resulting from said collisions and to clean the immediate area
of such street (CVC section 27700(a)(1)). lt shall also be the duty to provide for the safety and security of those
vehicles and the contents thereof. These duties are inherent to the job and are to be included in the price of the
basic tow bill.
The tow truck operator shall provide a business card to the registered owner or driver for the vehicle being
towed. The business card shall contain the name, address and phone number of the tow company as well as
the link to the vehicle search system in DTS as follows: www.findmytow.com
Tow truck operators and/or drivers will not be permitted to drive an impounded or recovered stolen vehicle or
vehicle intended for storage from a FPD rotation call or special operation Any exceptions must be at the
direction of the FPD officer in charge of the scene and should be limited to repositioning the vehicle to allow for
towing.
The City has designated two (2) tow companies for evidence impound tows and no other rotation tow company
shall maintain custody over these vehicles at any time. lf an officer impounds a vehicle for evidence and a non-
preference rotational tow is dispatched, it is the responsibility of the tow driver to verify with the officer on scene
as to whether a vehicle is to be held for evidence. lf it is determined that the vehicle is to be held for evidence,
the tow driver must immediately notify the officer on scene that the company is not authorized to handle
evidence impounds and an evidence tow company shall be dispatched. Tow Operator shall then contact the
Tow Unit on the same business day, or within the next business day if such tow occurs after regular business
hours. Acceptance of an evidence tow by a non-designated evidence tow company will result in disciplinary
action and full financial responsibility for all tow and storage fees for each violation.
lf terminated or suspended, Tow Operator and/or owner at the time of the suspension or termination, shall not
be eligible for a rotation listing for the duration of the suspension or termination. This provision applies to the
Tow Operator working in any capacity within any tow business or operating any tow business and to the tow
business even if operated under new ownership.
Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow Rotation List,
excluding equipment which may be unavailable due to repairs or when there is a need for equipment
replacement and written notice has been obtained from FPD.
3. Special Operations
FPD conducts special operations coordinated through the Traffic Bureau throughout the year that requires tow
companies at the location of the special operation. Tow companies on the Tow Rotation List that are in good
standing with FPD may be invited to participate in these operations, provided they are willing to remain with the
special operation until its conclusion and forfeit any rotational tow calls (FPD, California Highway Patrol, or
other) received during the duration of the operation. "Good standing" shall mean that Tow Operator has not
violated, or is not in violation of the terms of this Agreement, the provisions of the FMC, State, or Federal law.
All special operations tows will be subject to the provisions of this Agreement. Tow Operator shall respond to a
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special operation with a flatbed tow truck with the capability of towing (2) vehicles. No ride alongs will be allowed
on any special operations unless the ride along is the Tow Owner or a Tow Driver who is in training and has
been approved by FPD.
4. Siqnaqe and hours of Operation
The storage yard or business office shall have a sign that clearly identifies it to the public as a towing service.
The sign shall have letters that are clearly visible to the public from the street and must be visible at night. All
storage facilities must be accessible to City personnel twenty-four (24) hours per day and seven (7) days per
week. The Tow Operator will provide customer service twenty-four (24) hours per day and seven (7) days per
week for the release of vehicles.
Tow Operator shall provide at least one person at a call station to respond and release vehicles within thirty (30)
minutes. Ïow Operator shall maintain all signage required pursuant to CVC sections 22850.3 and 22651.07
and include an after-hours contact phone number for Tow Operator.
5. Response Time
Tow Operator shall respond to calls twenty-four (24) hours a day, seven (7) days a week, within the maximum
response time limits as established by the Chief of Police or his/her designee. A reasonable response time is
thirty (30) minutes or less, except during peak hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m.,
(Monday through Friday), when the required response time will be extended to forty-five (45) minutes or less.
Tow Operator shall respond with a tow truck of the class required to tow the vehicle specified by the DTS
System.
6. Non-Response
The Tow Operator shall update the DTS System at the time of dispatch to a tow rotation request. lf the Tow
Operator is either unable to respond or unable to meet the maximum response time, the tow operator shall
immediately update the DTS System accordingly. lf, after accepting the call, the Tow Operator is unable to
respond or will be delayed in responding, the Tow Operator shall immediately update the DTS system
accordingly.
To decline or refuse to respond will be considered a non-response. Each non-response will be immediately
documented in the DTS System. Each non-response will be logged by the DTS System and reviewed by the
City. lf the fault for the non-response is attributed to other than the Tow Operator, the Tow Operator will be
placed back in the rotational list and called at the next opportunity in line.
One such breach, determined to be the fault of the Tow Operator, will be grounds for written reprimand which
may be subsequent to a meeting between the Tow Operator and the City. A second breach may be grounds for
a (30) thirty-day suspension of this Agreement. A third violation will be considered a material breach of the
Agreement and may result in immediate termination of this Agreement.
ln the case of suspension or termination, all vehicles then in storage at the time of the suspension or termination
remain protected under this Agreement as City's impounds and the Tow Operator is so bound. The City will
have the option to remove andlor transfer stored vehicles.
When a Tow Operator will be temporarily unavailable to provide services due to preplanned/scheduled activity,
such as a vacation, maintenance, medical leave, etc., the Tow Operator will notify City in writing via the DTS
system at least forty-eight (48) hours in advance. City reserves the right to deny these requests to maintain
adequate service levels for tow operations. Failure to notify the City will be considered a non-response and a
material breach of this agreement.
7. StoraqeResponsibilities
It shall be the duty of the Tow Operator to provide impound and other storage service for all vehicles as directed
by the City. The Tow Operator shall be responsible for all vehicles, accessories and equipment thereon and all
personal property therein stored by Tow Operator. lt shall be the Tow Operators' duty to protect such stored
vehicles, accessories, equipment, and property against all loss or damage by fire, theft or other causes. The
Tow Operator will have available for review by City personnel, all permits and proof of compliance to all local
zoning, special use, conditional use and special requirements, laws and regulation. lt is the responsibility of the
Tow Operator to ensure vehicles are stored in a secured facility.
8. Size and Location of Storaqe Facilitv
The tow yard shall be located within the City of Fresno's "Metropolitan Area." Metropolitan area is defined as
within the borders of Copper Avenue to the north, American Avenue to the south, DeWolf Avenue to the east,
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and Chateau Fresno to the west. Tow Operator shall be responsible for the security of vehicles and property at
the place of storage. At a minimum, a six (6) foot fence or enclosed secured area is required for outside
storage. A minimum of 5,000 square feet, or room for twenty (20) vehicles, shall be provided. All tow yards
located with the City of Fresno shall be in compliance with the FMC, current Directors Class #208 and shall
follow the current Development and Resource Management Department's Policy and Procedure C-002. lf the
tow facility is located outside the City of Fresno, the tow operator is required to provide written proof that the
yard is in compliance with the authorizing jurisdiction. Tow Operator is responsible for the reasonable care,
custody, and control of any property contained in towed or stored vehicles. The storage facility and business
office will be located at the primary storage yard and shall be maintained in a functional, clean and orderly
fashion. The facility shall have a telephone, on-site fax machine and the necessary computer equipment to
properly run DTS software and to send and receive email.
ln the event of criminal activity at a storage facility, the City may require the Tow Operator to take measures to
assist in preventing such crimes. These measures could include, but are not limited to: the yard being
illuminated during darkness, with security type lighting, to such a degree that visual observation of the entire
yard may be accomplished at all times, improved fencing and/or security patrols.
All vehicles stored or impounded as a result of a tow ordered by the City shall be towed directly to a towing
service storage lot unless the City, or in the case of a citizen's assist, a person legally in charge of the vehicle,
requests that it be taken to some other location.
All vehicles towed as a result of action taken by the City will be stored at the Tow Operator's principal place of
business unless directed othenruise by the City's Tow Coordinator. Vehicles stored at an auxiliary storage facility
will be considered a breach of this Agreement. The Tow Operator shall not remove personal property from a
stored vehicle. lf the registered owner removes personal property from a stored vehicle, the Tow Operator will
maintain documentation of such and will require a signed receipt from the registered owner for property
released. The Tow Operator shall immediately notify the City if any contraband, weapons or hazardous
materials are found in the vehicle(s)
9. Enclosed Facilitv
The Tow Operator may maintain, without charge to the City or any other person, separate and enclosed garage
facilities no less than 1,000 square feet of clean working space. The facility must be constructed to include a
roof and at least four walls of substantial design to withstand the elements and protect the vehicles from the
weather. The facility should have a concrete floor and suffrcient lighting. This inside facility must be located at
the Tow Operator's primary storage yard. This inside facility is not required to qualify for the City's rotation,
however, when inside storage is requested for a particular vehicle, the next Tow Operator in line meeting the
needs of the City's request will be used.
10. DTS Requirements
Tow Operator shall utilize the most recent, updated and upgraded DTS software program, to dispatch and track,
via a web-based lnternet connection. Tow Operators will be required to enter the towed vehicle information as
instructed by the City. At no time will a vehicle be released, subject to lien, or junked from impound without all
required data fields being entered into the DTS system by the Tow Operator. The Tow Operator shall clearly
identify and enter into DTS the name of the person to whom the vehicle was actually released. All City tow
requests shall be made utilizing this program. Failure at any time to have the DTS program in full operation shall
cause the immediate removal of the Tow Operator from the tow rotation and be grounds for immediate
termination by City Tow Operator must enter into a separate agreement, or license for the DTS software
program with the owner of that proprietary software The City shall not provide the DTS software program, any
licensing or sub-licensing thereof or any intermediary services for the procurement by Tow Operator of the DTS
software program. This Agreement shall not be executed by the City until Tow Operator has demonstrated to
the City's satisfaction compliance with the requirements set forth herein. Tow Operator shall be liable for all
fees, charges, prices, rates and service charges required from DTS. DTS shall be utilized in "real time" and all
entries should reflect as such. lnvoices shall be used from DTS when releasing vehicles and be pursuant to
section 22651 07 of the CVC. The only Tow Operator personnel authorized to utilize and access DTS are those
that have fully complied with the provisions set forth in Section 12, "Tow Operator Personnel" of this Agreement.
lf the Tow Operator is not in FULL compliance with the above stated requirement, the Tow Operator will be
removed from the City towing rotation. ln the event that DTS fails to provide software services, or the City elects
to utilize a new software provider, the Tow Operator will be required to use the replacement towing software
system. lf that occurs, all references to DTS in this Agreement shall instead be interpreted as references to the
new software program.
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11. Official Notification bv Gitv Reqardinq Tow
Official notification by City regarding tow services is considered any form of written, email, verbal instructions or
notifications received from an authorized City employee or electronic notice from the DTS program. lf the Tow
Operator receives verbal instructions or notificatrons from a City employee the Tow Operator must respond to
City, by 5:00 p.m. (PST) on the next business day.
'12. Tow Operator Personnel
A.) Conduct
The Tow Operator shall perform the services required of it in an ethical, orderly manner, endeavoring to
obtain and keep the confidence of the public. At no time will the Tow Operator or its agent or any
employee of the Tow Operator exhibit any of the following behavior: rudeness, or othenryise being
uncooperative, argumentative, threatening, incompetent or acting in a dangerous manner with any City
employee, or with any member of the public. The City reserves the right to cancel an individual tow
assignment, if in the opinion of the City, the Tow Operator is acting in a rude, uncooperative,
argumentative, threatening, incompetent or dangerous manner. The City also reserves the right to cancel
an individual tow assignment if in the opinion of the City the Tow Operator is likely to damage the vehicle
for which the tow service was called. Other examples of unacceptable behavior include but are not limited
to: profanity, abusive language, disconnecting telephone calls for public inquiries regarding a tow,
threatening, aggressive, or assertive language, failure to provide timely information or documents in
response to a public or City inquiry, lack of respect to any City personnel or member of the public,
destruction or damaging of evidence, failure to comply with the reasonable request of a member of the
public, failure to release vehicle in a timely manner, failure to make appointment for release of vehicle
during evening or weekend hours, failure to promptly be on site at time of appointment for release of
vehicle during evening or weekend hours, impeding an investigation or any other conduct which the City
deems unprofessional.
lf the Tow Operator is found to be in violation of this conduct clause, the City will cancel the Tow Operator
and request the next Tow Operator in rotation. Any such behavior as set forth above shall be considered
a material breach of this Agreement and may be grounds for immediate suspension or immediate
termination by the City, without penalty.
B.) PersonnelAppearance
Tow Operators shall be required to furnish their employees with a distinctive company uniform. Each
uniform shall have the firm's name, as well as the employee's name, in a conspicuous place. The tow
company's name and driver's first name shall be clearly visible at all times, meaning that protective or
inclement weather outer garments must meet this standard. Each employee shall have sufficient uniforms
so as to maintain a neat, clean appearance at all times. Minimum requirements for uniforms include a
shirt, long pants, and appropriate safety shoes. All drivers shall be in uniform before any towing or service
operation begins. No wording, designs, photos, gestures, or anything that could be considered offensive
or obscene to the general public shall be displayed by the Tow Operators or on any part of the uniform.
Dress standards are required in order to project a professional and positive image to the public.
All employees must be neat, clean and well groomed in appearance. ln order to ensure a professional
appearance, all tattoos must be concealed by operators while working. Personnel will be required to
conceal any tattoos with gloves, collars, long sleeves, or by other means acceptable to the City. Facial
tattoos of any variety are not permitted. No facial piercings shall be worn while on duty.
Drivers shall wear safety vests or reflectorized clothing that conforms to Occupational Safety and Health
Administration (OSHA) requirements. Alternatively, the OSHA safety requirements may be incorporated
into the uniform, jacket, or rain gear, as long as these items are worn as the outermost garment.
C.) UnlawfulActivitv
The Tow Operator or it's employees shall not be involved, nor shall the Tow Operator or its employees
become involved in any agreement or activity whether verbal, written or conveyed in any other manner,
any activity or business venture which may be construed as unlawful. lf the City deems the involvement
to be unlawful, the City may immediately terminate this Agreement.
The Tow Operator shall not provide any direct or indirect commission, gift or any compensation to any
person or public or private entity, in consideration of arranging or requesting the services of a tow truck as
provided in section 12110 of the CVC.
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No Tow Operator will be involved or solicit any compensation of any kind including but not limited to
involvement with any other company or business that might result in income or consideration as a result of
any activity initiated by the City.
An example of such a prohibited involvement could include but is not limited to: financial reimbursement
by auto-body repair business for referrals, or towing directly from the scene of a collision to the auto-body
shop without prior unsolicited approval or request by the registered owner, driver or insurance company
representative of the damaged vehicle; kickback to or from a security company or homeowner's
association for "finding" or towing a vehicle from a location, whether private property, public, off street
parking facility or a public roadway. Violation of this provision shall be grounds for immediate termination
by City, without penalty.
D.) Personnel Licenses
Tow Operators providing services under this Agreement, including tow truck drivers, dispatchers and other
offlce personnel, will have sufficient knowledge, experience and capability to ensure safe and proper
discharge of their service responsibilities. lt will be the responsibility of the Tow Operator to ensure that all
of its personnel will be properly licensed in accordance with sections 12500, 12520, and 12804.g of the
CVC. All tow truck drivers and tow truck operators shall be enrolled in the "Pull Notice" program as defined
in CVC section1808.1 et seq.. Drivers must complete a CHP approved Tow Operator Course every five
(5) years and copies of completion of the course shall be sent to the City. All Tow Operators and
personnel shall have no criminal record which would preclude them from being placed in a position of trust
while in the service of a law enforcement agency or any crime listed below under the heading of "Criminal
Record."
E.) Fingerprints
All owners and employees who have not previously submitted their "LiveScan" fingerprint samples shall
submit their "LiveScan" fingerprint samples, at their own expense, through the City prior to being awarded
this Agreement, for the purposes of verifying their criminal history with the Department of Justice.
Failure to provide information regarding the identity of the owner, employee, or anyone else with a
financial interest in the Tow Operator will result in termination of this Agreement. The Tow Operator will
provide the City with information regarding any change in employee status immediately and update DTS
to reflect such changes. Failure to comply may result in further disciplinary action, and will be considered
a breach of this Agreement.
After execution of this Agreement, no person shall be employed by the Tow Operator or perform any
service under this Agreement untif the background record check and "LiveScan" is completed and
approved by the City and said employee has received their identification badge from the City
Notwithstanding the foregoing, Tow Operators and owners that have towed for the City under the previous
Tow Service Agreement and have completed a new background and "LiveScan" check will be allowed to
continue to tow for the City until such time as the results of the background and "LiveScan" submissions
are reviewed and approved by the City.
Any employee of the Tow Operator that has left employment with said Tow Operator and returned and
been rehired must complete an additional background check before performing services pursuant to this
Agreement
F.) Criminal Record
A conviction of anyone with a financial interest in the Tow Operator, or any employee of the Tow Operator,
including but not limited to any of the following offenses, may be cause for denial of application or
termination of this Agreement:
. Any crimes listed in California Penal Code section 290o DUI-Within 5 years of the Date of Fingerprinting¡ Vehicle theft. Fraud. Stolen property
. Crimes of Violence. Any felony crime relating to narcotics or any controlled substance. Any other crimes enumerated in CVC section 2432.3
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. Actively on parole or on any form of probation
. Crime of moral turpitude. Sex, Arson, Narcotics Registranto Other felony conviction
The City is not required to provide any reason, rationale or factual information in the event it elects to deny
application or remove any of Tow Operator's personnel from providing services for the City under this
Agreement. Tow driver or employee applicants denied under this section may appeal to the Chief of
Police or his/her designee. All decisions by the Chief of Police, or his/her designee, are final.
ln the event the Tow Operator or employee is convicted or is under investigation, the Tow Operator may
be given the opportunity to replace that employee without prejudice to the Agreement. Nothing shall
prohibit the City from removing, suspending or terminating the Agreement. lt will be the responsibility of
the Tow Operator to provide the City with updated information regarding any illegal activity, arrest(s) or
conviction of any Tow Operator and/or employee. For the purpose of this section, any conviction or plea
of guilty or nolo contendre, even to any lesser-included offense, are considered convictions. Failure to
provide information regarding the identity of the employee, or anyone else with a financial interest in the
Tow Operator will result in termination of the Agreement. Failure to provide information to the City of any
information regarding the conviction of any of the above crimes may also result in termination of the
Agreement.
G.) ldentificationBadges
Each tow truck driver or employee of the Tow Operator shall wear, in plain view an identification badge,
authorized and issued by the City to that employee, while on any call for service where the City is
involved. lf a tow truck driver responds to a scene without his authorized name badge, the tow truck
driver will be dismissed from the scene and the next Tow Operator in rotation will be called. Failure to
carry an identification badge will be considered a violation as stated in Section 3'1, "Disciplinary Action," of
this Agreement. The purpose of these badges will be to identify those employees of the Tow Operator
who have been fingerprinted by the City and have passed the record check by the Department of Justice.
All identification badges are the property of the City and will be returned by the Tow Operator to the City
within fofty-eight (a8) hours of an employee's separation. Tow Operator will provide a current list of all
staff including drivers, dispatchers, etc. Anytime there are any changes to this list, the City is to be notified
by the next business day and provided with an updated and current list.
13. Tow Operator Licensinq and Certification
All licensing and certifications required by Federal, State and local authorities shall be maintained current and
valid at all times as required in CVC sections: 34507.5,34600 et seq, 34620, and 12111, and sections 7231 et
seq, of the California Revenue and Taxation code. Failure to have any required license or certification, including
any driver who fails to have an appropriate class of license, may be grounds for immediate termination by City
without penalty.
14. lnspection
All real property and improvements thereon, and all vehicle facilities, equipment and materials used by the Tow
Operator in the performance of the services required herein shall be open to inspection by the City or its
authorized representative, and will be subject to no less than one annual inspection. Additional inspections may
be conducted without notice during normal business hours. lnspections may include, but are not limited to, all
books, accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose of auditing
or inspecting any aspect of performance directly related to this Agreement. ln the event that the City determines
that the real property and improvements thereon are insufficient, derelict or fail to meet the requirements as
called out in this Agreement, this Agreement may be terminated by City immediately, without penalty.
15. Vehicle and Equipment Requirements
Tow vehicles will be maintained in compliance with sections 24605, 25253,25300, 27700 and 27907 of the
CVC. Tow vehicles will be of at least 14,000 lbs. GVWR with dual rear wheels, with the ability to tow two (2)
vehicles, or a vehicle and/or a trailer. Tow vehicles must have two-way communication capabilities and the
ability to communicate and connect with the DTS System at all times. The Tow Operator shall have equipment
capable of towing from off-road areas, towing from underground facilities, and recovery services with an
adjustable boom with at least five tons of lifting capacity. ln addition to the conventional wheel lift towing
capabilities, the Tow Operator shall maintain at least one or more flatbed or rollback trucks with a minimum of
fifty (50) feet of cable, and the required safety equipment. Unless otherwise specified by the City, all Tow
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Operators shall respond to a tow service request with a flatbed or rollback truck as specified above. At the
discretion of the tow operator, a wrecker may be used to respond to a tow service request. lf for any reason the
Tow Operator is unable to complete the tow service request with the wrecker, the Tow Operatoi will not be
placed back on the top of the rotation list and a new Tow Operator will receive the tow service request.
A 3-axle or 25-ton truck is not required equipment. However, Tow Operators that possess this equipment will be
placed on a heavy-duty tow rotation list.
All trucks must have the required emergency lighting, portable stop and tail lamps, a broom, shovel, fire
extinguisher (rating 4-8, C), a utility light, reflective triangles, a large pry-bar, covered trash cans with approved
absorbent, rags, unlocking equipment, dollies (boom trucks), chains, and/or tie downs.
Wheel lift trucks will maintain at least 100 feet of cable and all safety equipment as required by the
manufacturer.
Tow vehicles must have a cable winch of sufficient size and capacity to retrieve vehicles that have gone off
traveled portions of roadways into inundated areas or other inaccessible locations. Winches must havé visible
lD tags designating the model, make, serial number, and rated capacity.
All tow trucks used in City tows will be subject to a yearly inspection. This does not preclude the City from
conducting random inspections throughout the year.
16. Vehicleldentification
Tow vehicles shall display identification signs in compliance with section 27907 of the CVC. The Tow Operator
shall not display any sign or advertising material that indicates that his tow vehicles are an official police service
of the City.
17. Charqes and Fees to be collected from Reqistered Owners
All rates and charges shall be conspicuously posted in the office and in all tow vehicles. These rates shall quote
complete charges and fees with no additional fees to be added at a later date. These rates will be available for
review by City personnel and/or the person for whom tow service is provided. All fees collected shall be itemized
and invoiced in DTS in accordance to section 22651.07 of the CVC. lt will be the Tow Operator's responsibility
to collect his bill for service, and the City will not be responsible in any way for these charges. Storage fees will
be calculated on the calendar day except the first 24-hours which is counted as a single day in accordance with
California Civil Code (CCC) 3068.1 (see Attachment B). Allfees listed on the DTS invoice will be received in the
form of major credit card, debit card, or cash. All fees collected, both City and Tow Operator fees, must be
invoiced through the DTS system prior to release and at the time of payment. No credit card fees will be
charged pursuant to CVC section 22651.1 and CCC section 1748.1 for any portion of the fees. The City
reserves the right to change all payment methods during the term of this agreement.
18. Lien Fees
At no time shall the City be charged a lien fee on a towed or impounded vehicle. No lien shall be attached to
any vehicle that has been impounded by the City until after seventy-two (72) hours from the time of storage as
listed in the DTS system have passed pursuant to section 22851.12 of the CVC. All lien transactions mult be
entered into the DTS system by Tow Operator. Vehicles sold at lien sale shall abide by all laws relating to lien
sales. A vehicle held in impound by the City for thirty (30) days, shall not be sold at lien until such time as is
considered reasonable to allow the registered owner time to pay for and pick up the vehicle before it is sold at
lien, but under no circumstances before the thirty-fifth (35'n) day after storage.
The Tow Operator shall abide by all applicable statutes and ordinances concerning disposal of unclaimed
vehicles, including but not necessarily limited to CVC sections 22670;22851',22851.1:2285j.2;22851.3,
22851 .4', 22851.6; 22851.8; 22851 .10, 22851.12 and 22852.5.
As described in CVC section 22856, liability for despoliation of evidence shall not arise against the Tow
Operator that sells any vehicle at, or disposes of any vehicle after, a lien sale, as long as the Tow Operator can
show written proof that he was notified in writing by the City that the vehicle would not be needed as evidence ina legal action. This proof may exist in the form of an official release in the DTS System or any other written
conveyance signed by a member of the City prior to the official, written release of the vehicle.
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19. Reasonableness and Validitv of Fees
Fees charged to the registered owner or any other person for response to calls originating from the City shall be
reasonable and not in excess of those rates charged for similar services provided in response to requests
initiated by any other public agency or private person. During the term of this agreement, the City shall conduct
an annual review each December of towing and storage fees of comparable cities and adjust rates set forth in
Attachment B by the first week of January of the following year
20. Towinq Operation
All tows performed under this Agreement will be included in the flat rate charge as described in Attachment B
No additional charges shall be charged without prior approval from the City and written notice is provided in the
DTS System. Any unapproved charges received outside the DTS System will result in immediate termination of
this Agreement and removal from the rotation list.
The Tow Operator shall base towing charges upon the class of vehicle being towed regardless of the class of
the truck used, except when vehicle recovery operations require a larger class truck. The Tow Operator may
refer to the tow truck classes and weight ratings as defined by the Towing & Recovery Association of America
(TRAA) vehicle identification guide.
21. Service Call Rotation and Fees
The City shall establish a separate rotation list for Tow Operators willing to respond to service requests (out of
gas, lockouts, tire changes, etc.) Rates for a service requests shall not exceed one-half the flat rate charge for a
light duty truck response.
22. Gate Fees
No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding State
recognized holidays as listed below:
New Year's Day
Martin Luther King Day
Presidents'Day
Cesar Chavez Day
Memorial Day
lndependence Day
Labor Day
Veterans'Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
An after hours gate fee may be charged at all other times. The gate fee is not to exceed fifty percent (50%) of
the flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal
property recovery that occurs outside normal business hours (excluding lien fees, storage fees, taxes, or other
additional fees.) The Tow Operator is responsible for assuring that proper gate fees are charged in accordance
with this section. Over charging gate fees will be considered a major violation as outlined in Section 30.
All towing and storage fees charged by the Tow Operator are the responsibility of the vehicle's owner and are
not the responsibility of the City. The exception would be evidentiary impounds made at the direction of City
personnel.
23. Cancelled Tow
The City shall not be liable to pay the Tow Operator or anyone else any charge or other fee for a call that does
not result in a chargeable service being rendered by Tow Operator ("Dry Run"). The cancelled Tow Operator
shall be placed back on the top of the rotation list and will receive the next tow in rotation.
24. Towed in Error
ln the event the City determines that an error has occurred in impounding a vehicle, it shall be immediately
released to the registered owner without charge and the Tow Operator will be placed back on the top of the
rotation list and will receive the next tow in rotation. ln addition, the Tow Operator will be given one extra tows
on the rotation list. Additional extra tows may be given at the discretion of the Tow Unit.
25. Release Fees
California law authorizes the recovery of funds required to enforce certain provisions of the CVC and promote
traffic safety on public roadways. This authorization falls under CVC section 22850.5 and further authorized by
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City resolutions. These resolutions are open to public view at the City and/or City offices and are on file with the
City's Traffìc Bureau. The Tow Operator will collect fees on the behalf of the City from the registered owner,
legal owner or agent of an impounded car.
A City administrative / franchise fee will be charged for the release of a vehicle that has been impounded by the
City. Fees will be established by an independent consulting firm to determine the City's costs associated with
impounding vehicles in accordance with CVC sections 22850.5 and 12110(b). All vehicles impounded will be
charged an administrative / franchise fee for the release of the vehicle. This fee will be established and attached
to each vehicle in the DTS System. The City's administrative fees will be collected at the time of the release by
the Tow Operator. The Tow Operator will pay the City's franchise fees equivalent to the City's administrative
fees for every vehicle that is not picked up by the owner or agent. The Tow Operator will pay the City's
administrative / franchise fees for every City vehicle that was towed during the preceding month and will pay the
City no later than l2:00 p.m. on the 15'n of the following month, regardless of the disposition of the vehicle. ln
the event that the 15th of the month falls on one of the State recognized holidays listed in Section 22 above, or a
weekend, the City's administrative/franchise fee must be paid by l2:00 p.m. on the following business day. Tow
Operators who fail to submit the City's administrative / franchise fees to the City by the 15'n day of each month
will be immediately suspended from rotation until all fees are received, and will be subject to appropriate
disciplinary action and civil recourse. The City will keep a strict accounting of these fees through the DTS
System and frequent audits will take place to ensure accurate and timely payment of collected City
administrative / franchise fees. The fee will be listed as an item on the owner's / agent's DTS contractor invoice
26. UnauthorizedRelease
Unauthorized release of an impounded vehicle, accidental or othen¡vise, having evidentiary value, not officially
released by the City, and determined to be the fault of the Tow Operator, will result in the issuance of a major
violation as set forth in this Agreement. The determination of such fault will be the responsibility of the City.
27. Release of Multi-Dav lmpounds
A vehicle impounded with a multiple day hold may only be released prior to the impound period with written
authorization by the City in the DTS System. The DTS System will automatically schedule the release of an
impounded vehicle.
28. Release of Vehicles
Vehicles may only be released through the DTS System. Once the DTS System authorizes the release of a
stored or impounded vehicle, it is the Tow Operator's responsibility for the vehicle's release. The Tow Operator
is hereby granted authority to release to the registered owner, legal owner, or authorized representative,
pursuant to section 22850.3 of the CVC. At the time of release, the Tow Operator shall have the registered
owner, legal owner, or authorized representative taking possession of the vehicle sign a release indicating that
they are properly licensed and insured to drive a motor vehicle.
29. DisciplinarvAction
The Chief of Police, or his/her designee, shall take disciplinary action against Tow Operators for violations
investigated and sustained. Unless othen¡vise noted, the Chief of Police, or his/her designee, will determine the
period of suspension and shall retain discretion regarding the length of any suspension imposed pursuant to the
terms and conditions of this Agreement. The City shall retain record of violations for at least the term of this
Agreement.
30. Maior violations
Major violations include any chargeable offense under Federal, State, Local Law and significant violations of this
Agreement. Such violations shall result in suspension or immedrate termination of this Agreement. The Chief of
Police, or his/her designee, reserves the right to impose longer periods of suspensions or immediate
termination, if deemed appropriate in his/her sole discretion. The Chief of Police, or his/her designee, reserves
the right to remove a Tow Operator from the tow rotation during the investigation of a major violation. A
reinstatement from suspension for a major violation will result in a five hundred dollar ($500.00) fee. Suspension
will not be lifted until the reinstatement fee is received by the Chief of Police or his/her desrgnee. ln addition, a
major violation may also result in the Tow Operator's employee being removed from participation in this
Agreement. Examples of major violations include, but are not limited to:
. Physical assault, against public and/or law enforcement. Verbal abuse against public and/or law enforcement. Resisting arrest. Tow Truck Driver under the influence of alcohol or illegal drugs
-17 -
. Charging rates that exceed those listed in Attachment B. Vehicle released without authorization¡ Unauthorized access to storage yard¡ Theft
¡ Mishandling of vehicles stored as evidence¡ Unauthorized driver responding to call¡ Failure to provide information or change of status on any Tow Operator employee or staff. Substantiated private party impound complaints. Any Felony/Misdemeanor arrest. Refusal to take a rotational tow. Failure to utilize the DTS System for all City towing related matters. Repeated late or nonpayment of City franchise fees. Failure to properly secure storage yard. Failure to obey a lawful order by law enforcement
31. Minor violations
Minor violations will be given to the Tow Operator in the form of a documented warning for the first violation. The
second violation will be in the form of a documented reprimanded and a one hundred dollar ($100.00) fine.
Repeated minor violations during the term of the Agreement may be treated as a major violation, and the Tow
Operator will be suspended or terminated from this Agreement. A reinstatement from suspension will result in a
five hundred dollar ($500.00) fee. Suspension will not be lifted until the reinstatement fee is received by the
Chief of Police or his/her designee. Examples of minor violations include, but are not limited to:
o Late payment of City franchise fees. Tow truck drivers not wearing City issued LD. cards/ proper uniform. Unauthorized arrival time in excess of thirty (30) minutes, or forty-five (45) minutes during peak hours. Repeated rejection of dispatched calls. Other violations of this Agreement not considered a major violation by the Chief of Police or his/her
designee. Unauthorizedride-a-long. Failure to respond to customers' needso Failure to maintain proper equipment. Failure to clean up at a collision scene. Vehicle code infractions
32. Hearinq/Appeal
Tow Operator must have a legal existing interest in the tow operation or entitlement subject to the City order,
citation, decision or determination to have standing to appeal a decision by the Chief of Police or his/her
designee. An appeal that fails to identify the appellant's standing may be rejected as defective.
ln the event FPD serves Tow Operator with disciplinary action amounting to anything less than a suspension
resulting from a minor violation, the Tow Operator may request a hearing within fifteen (,15) calendar days by
submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow Unit.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension for thirty (30) days or
less resulting from a minor or major violation, the Tow Operator may request a hearing within fifteen (15)
calendar days by submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow
Unit. Upon receipt of a written request for an appeal, and at the discretion of the Chief of Police, or his/her
designee, the Tow Operator may be allowed to continue rotational tows until the final disposition of the appellate
hearing.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension in excess of thirty (30)
days, or termination of the TSA, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Administrative Hearing Officer by way of the City Manager's Office. The
written appeal shall be in compliance with FMC sections 1-407 and g-1712. Notwithstanding any provision
within Chapter 1, Article 4 of the FMC, any person who appeals a suspension in excess of thirty (30) days, or a
termination of the TSA shall not be entitled to placement on the Tow Rotation List or to participate in tows until
such time as any appeal hearing has been concluded and the Administrative Hearing Officer finds that no
grounds for a suspension in excess of thirty (30) days, or a termination of the TSA has been established. Tow
Operator's remedy shall be limited to reinstatement on the tow rotation list in such case and no other
compensation or consideration will be allowed.
-18-
ATTACHMENT B
TOW FEES
Flat price per vehicle per call:
Light Duty ToWFlatbed $ 184.00/Each
Medium Duty Tow $ Average CHP Rates Apply
Heavy Duty Tow $ Average CHP Rates Apply
Water Recovery: $ Average CHP Rates Apply
Technoloqy Fee:
DTS Software Fee per Vehicle Towed $ Charge listed in DTS Contract and DTS System
Storaqe Rates:
Passenger cars $ 45.00/per dayMotorcycles $ 45.00/per day
Trucks or Trailers $ Average CHP Rates Apply
lnside Storaqe Rates:
Passenger cars $ 55.00/per dayMotorcycles $ 55.00/per day
Trucks or Trailers $ Average CHP Rates Apply
Gate Fee: No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding
State recognized holidays as listed in the Agreement.
An after hours gate fee may be charged at all other times. The gate fee shall not exceed fifty percent (50%) of the
flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal property
recovery that occur outside normal business hours (excluding lien fees, storage fees, taxes, or other additional
fees).
Non{ow service calls (out of gas, lockouts, and flat tires) shall not exceed one-half the flat rate charge for a light
duty truck response.
City of Fresno Administrative / Franchise Fees:
Vehicle Collision Blocking a Roadway $ 60.00
lllegally Parked / Abandoned Vehicle $116.00
Unlicensed Driver / Expired Registration $189.00
Arrested / Suspended Driver $266.00
DUI Driver $450.00
All fees listed on the DTS invoice will be received in the form of major credit card, debit card or cash. lVo
credit card fee will be charged pursuant to CVC section 22651.1 and CCC section 1748.1.
-19-
CITY OF FRESNO
NON-EXCLUSIVE FRANCHISE TOW AGREEMENT
FOR FRESNO POL¡CE DEPARTMENT
This Non-exclusive Franchise Tow Agreement (TSA) is entered into effect on the 28'h day of December 2014
set forth below, at Fresno, California, between the City of Fresno, a municipal corporation (City) and Steve's
Towing, a partnership (the Tow Operator).
This Agreement, including all attachments, contains rules and regulations that a tow company agrees to comply
with in order to participate in the tow operations of the City of Fresno Police Department (FPD). Participation in
the FPD Rotation Tow Program (Tow Program) is voluntary. Compliance with all of the terms and conditions of
the Agreement is mandatory for tow companies participating in the Tow Program. A Tow Operator, by agreeing
to participate in the Tow Program, is not acting as an agent for FPD or City when performing services under this
Agreement
1. Governínq Law and Venue
This Agreement shall be governed by, and construed enforced in accordance with, the laws of the State of
California excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue
for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any
rights and duties hereunder shall be the County of Fresno, California.
2. Entire Aqreement
This Agreement, its attachments and exhibits, when accepted by the Tow Operator either in writing or
commencement of performance hereunder, contains the entire Agreement between the parties with respect to
the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth
herein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by
City in writing.
3. Amendments
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the
parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties;
and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in
writing.
4. Assiqnment or Sub Contractinq
The terms, covenants, and conditions contained herein shall apply to the parties. Furthermore, neither the
performance of this Agreement nor any portion thereof may be assigned or subcontracted by Tow Operator
without the express written consent of City. Any attempt by Tow Operator to assign or subcontract the
performance or any portion of thls Agreement without the express written consent of City shall be invalid and
shall constitute a breach of this Agreement.
5. ment
Unless otherwise expressly provided in this Agreement, Tow Operator shall be solely responsible for obtaining a
license or other authorization to use any patented or copyrighted materials in the performance of this
Agreement. Tow Operator warrants that any Software as modified through services provided hereunder will not
infringe upon or violate any patent, proprietary right, or trade secret right of any third party Tow Operator
agrees that, in accordance with the more specific requirement below, it shall indemnify, defend and hold City
and City lndemnitees harmless from any and all such claims and be responsible for payment of all costs,
damages, penalties and expenses related to or arising from such claim(s), including, but not limited to,
attorney's fees, costs and expenses.
6. Non-Discrimination
ln the performance of this Agreement, Tow Operator agrees that it will comply with the requirements of section
1735 of the California Labor Code and not engage nor permit any Tow Operators to engage in discrimination in
employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability,
mental disabílity, medical condition, marital status, or sex of such persons. Tow Operator acknowledges that a
violation of this provision shall subject Tow Operator to all the penalties imposed for a violation of anti-
discrimination law or regulation, including but not limited to, section 1720 el seq. of the California Labor Code.
1
7. Termination
ln addition to any other remedies or rights it may have by law, City has the right to terminate this Agreement
without penalty immediately with cause and either party may terminate after thirty (30) days written notice
without cause, unless otherwise specified. Cause shall be defined as any breach of this Agreement or any
misrepresentation or fraud on the part of the Tow Operator. Exercise by City of its right to terminate the
Agreement shall relieve City of all further obligation.
8. Consent to Breach Not Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or
consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any
party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver
of, or excuse for any other different or subsequent breach.
9. Remedies Not Exclusive
The remedies for breach set forth in this Agreement are cumulative as to one another and as to any other
provided by law, rather than exclusive, and the expression of certain remedies in this Agreement does not
preclude resort by either party to any other remedies provided by law
10. lndependent Tow Operator
Tow Operator shall be considered an independent Tow Operator and neither Tow Operator, its employees nor
anyone working under Tow Operator shall be considered an agent or an employee of City. Neither Tow
Operator, its employees nor anyone working under Tow Operator, shall qualify for workers' compensation or
other fringe benefits of any kind through City.
11. Performance
Tow Operator shall perform all work under this Agreement, taking necessary steps and precautions to perform
the work to City's satisfaction. Tow Operator shall be responsible for the professional quality, technical
assurance, timely completion, and coordination of all documentation and other goods/services furnished by Tow
Operator under this Agreement. Tow Operator shall: perform all work diligently, carefully, and in a good and
workman-like manner; furnish all labor, supervision, machinery, equipment, materials, and supplies necessary
therefore; at its sole expense obtain and maintain all permits and licenses required by public authorities,
including those of City required in its governmental capacity, in connection with performance of the work; and, if
permitted to subcontract, be fully responsible for all work performed by sub-Tow Operators.
12. lndemnification
A) Tow Operator shall indemnify, hold harmless and defend City and each of its officers, officials,
employees, agents and authorized volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to
personal injury, death at any time and property damage) incurred by City, Tow Operator, or any
other person, and from any and all claims, demands and actions in law or equity (including
attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of
performance of this Agreement. Tow Operator's obligations under the preceding sentence shall
apply regardless of whether City or any of its officers, officials, employees, agents or authorized
volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or
damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any
of its officers, officials, employees, agents or authorized volunteers.
B) lf Tow Operator should subcontract all or any portion of the work to be performed under this
Agreement, Tow Operator shall require each subcontractor to indemnify, hold harmless and defend
City and each of its officers, officials, employees, agents and authorized volunteers in accordance
with the terms of the preceding paragraph.
C) This section shall survive termination or expiration of this Agreement.
13. lnsurance
A) Throughout the life of this Agreement, Tow Operator shall pay for and maintain in full force and
effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted
by the California lnsurance Commissioner to do business in the State of California and rated not
less than "A-Vll" in Best's lnsurance Rating Guide, or (ii) authorized by City's Risk Manager The
following policies of insurance are required:
2
5)
B)
1) COMMERCIAL GENERAL LIABILITY insurance which shall be on the most current version of
lnsurance Services Office (lSO) Commercial General Liability Coverage Form CG 00 01 and
include insurance for "bodily injury," "property damage" and "personal and advertising injury"
with coverage for premises and operations, products and completed operations, and
contractual liability (including, without limitation, indemnity obligations under the Agreement)
with limits of liability of not less than $1,000,000 per occurrence for bodily injury and property
damage, $1,000,000 per occurrence for personal and advertising injury and $2,000,000
aggregate for products and completed operations and $2,000,000 general aggregate.
2) GARAGEKEEPERS LEGAL LlABlLlry insurance which shall include coverage for vehicles in
the care, custody, and control of the Tow Operator with limits of liability of not less than
$120,000 per occurrence for property damage.
3) COMMERCIAL AUTOMOBILE LlABlLlry insurance which shall be on the most current
version of lnsurance Service Office (lSO) Business Auto Coverage Form CA 00 01, and
include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles
(Code 1- Any Auto) with limits of not less than $1,000,000 per accident for bodily injury and
property damage
4) ON-HOOIICARGO insurance which shall include coverage for vehicles in tow with limits of
liability based on the size of the tow truck, which are as follows:
a) Class A/B tow truck... ... .. . . . ... . .. $120,000b) Class C tow truck. $200,000c) Class D tow truck... .. .. $300,000
WORKERS' COMPENSATION insurance as required under the California Labor Code and
EMPLOYERS'LIABILITY insurance with minimum limits of $1,000,000 each accident, $,1,000,000
disease policy limit and $1,000,000 disease each employee
Tow Operator shall be responsible for payment of any deductibles contained in any insurance
policies required hereunder and Tow Operator shall also be responsible for payment of any self-
insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate
of lnsurance and approved by the City's Risk Manager or his/her designee. At the option of the
City's Risk Manager, or his/her designee, either:
1) The insurer shall reduce or elim¡nate such deductibles or self-insured retention as
respects City, its officers, officials, employees, agents and volunteers; or
2) Tow Operation shall provide a finanòial guarantee, satisfactory to City's Risk Manager, or
his/her designee, guaranteeing payment of losses and related investigations, claim
administration and defense expenses. At no time shall City be responsible for the payment of
any deductibles or self-insured retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30)
calendar days written notice in favor of City of policy cancellation, change or reduction of coverage,
except for the Workers'Compensation policy which shall provide ten ('10) calendar days written
notice of such cancellation, change or reduction of coverage. ln the event any policies are due to
expire during the term of this Agreement, Tow Operator shall provide a new certificate and all
applicable endorsements evidencing renewal of such policy prior to the expiration date of the
expiring policy(ies) to the Chief of Police, or his/her designee, and the City's Risk Division. Upon
issuance by the insurer, broker, or agent of a notice of cancellation, change or reduction in
coverage, Tow Operator shall file with the Chief of Police, or his/her designee, and the City's Risk
Division, a new certificate and all applicable endorsements for such policy(ies).
The General Liability, Automobile Liability and Garagekeepers Legal Liability insurance policies
shall be written on an occurrence form and shall name City, its officers, officials, agents, employees
and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Tow
Operator's insurance shall be primary with respect to the City, its officers, officials, employees,
agents and authorized volunteers with no contribution required of City. Any Workers' Compensation
insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents,
c)
D)
3
employees and authorized volunteers Tow Operator shall have furnished City with the certificate(s)
and applicable endorsements for ALL required insurance prior to City's execution of the Agreement
E) The fact that insurance is obtained by Tow Operator shall not be deemed to release or diminish the
liability of Tow Operator, including, without limitation, liability under the indemnity provisions of this
Agreement. City shall apply to all claims and liability regardless of whether any insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by Tow Operator. Approval or purchase of any insurance contracts or policies shall in no
way relieve from liabilíty nor limit the liability of Tow Operator, its principals, officers, agents,
employees, persons under the supervision of Tow Operator, vendors, suppliers, invitees,
consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of
them.
F) Upon request of City, Tow Operator shall immediately furnish City with a complete copy of any
insurance policy required under this Agreement, including all endorsements, with said copy certified
by the underwriter to be a true and correct copy of the original policy. This requirement shall survive
expiration or termination of this Agreement.
G) lf at any time during the life of the Agreement or any extension, Tow Operator fails to maintain the
required insurance in full force and effect, all work under this Agreement shall be discontinued
immediately until notice is received by City that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory to City.
Any failure to maintain the required insurance shall be sufficient cause for City to terminate this
Agreement.
H) lf Tow Operator should subcontract all or any portion of the work to be performed, Tow Operator
shall require each subcontractor to provide insurance protection in favor of the City, its officer,
officials, employees, agents and authorized volunteers in accordance with the terms of each of the
preceding paragraphs, except that the subcontractors certificates and endorsements shall be on file
with the Tow Operator and City prior to the commencement of any work by the subcontractor.
14. Bills and Liens
Tow Operator shall pay promptly all indebtedness for labor, materials, and equipment used in performance of
the work. Tow Operator shall not permit any lien or charge to attach to the work or the premises, but if any does
so attach, Tow Operator shall promptly procure its release and indemnify, defend, and hold City harmless and
be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related
thereto.
15. Ghanqe of Gontrol
Tow Operator agrees that if there is a change or transfer in ownership or control of the Tow Operator's business
prior to completion of this Agreement, unless such change or transfer is to "immediate family" as defined in
Fresno Municipal Code (FMC) section 3-101(e) and approved in writing by the Chief of Police, or his/her
designee, such change or transfer shall terminate this Agreement. This includes but is not limited to changes in:
Corporate Board Members, Managers, Directors, Treasurer, Trustees, or ownership interests. All changes or
transfers to "immediate family" must be approved by the Chief of Police, or his/her designee, prior to such
change or transfer in order for the Tow Operator to remain on the tow services list. Final written approval or
disapproval for the change or transfer in ownership or control will be given by the Chief of Police or his/her
designee. All "immediate family" members involved in the potential transfer and operation of the Tow Operator
shall be required to undergo a background check, review, and "Livescan" fingerprint screening. The "immediate
family" members involved in the change or transfer of ownership or control must also possess and keep current
all licensing certificates and insurance as required in this Agreement. The "immediate family" members who will
operate or othenryise be legally responsible for the Tow Operator will be required to execute a new TSA.
A) Tow Operator owners shall be directly involved in the day{o-day operations of their
business and shall not be directly involved in the towing-related business of any other tow
company on, or applicant for, the Tow Rotation List. Co-mingling of operations, business,
offices, board members, and finances is strictly prohibited.
B) lf terminated or suspended, Tow Operator and/or its owner at the time of the suspension or
termination, shall not be eligible for a rotation listing for the duration of the suspension or
termination. This section applies to the Tow Operator working in any capacity within any tow
4
business or operating any tow business and to the tow business even if operated under new
ownership
C) Tow Operator shall not share equrpment with any other tow company on, or applicant for, the Tow
Rotation List, excluding equipment which may be unavailable due to repairs or when there is a need
for equipment replacement and wrrtten approval is obtained from the Chief of Police or his/her
designee
16. Force Maieure
Tow Operator shall not be in breach of this Agreement caused by any act of God, war, civil disorder,
employment strike or other cause beyond its reasonable control, provided Tow Operator gives written notice of
the cause of the delay to City within thirty-six (36) hours of the start of the delay and Tow Operator avatls itself of
any available remedies.
17. Confidentialitv
Tow Oþrator agrees to maintain the confidentiality of all City and City-related records and information pursuant
to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term
of this Agreement. All such records and information shall be considered confidential and kept confidential by
Tow Operator and Tow Operator's staff, agents and employees.
18. Compliance with Laws
Tow Operator represents and warrants that services to be provided under this Agreement shall fully comply, at
Tow Operator's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and
regulations, including, but not limited to those issued by City in its governmental capacity and all other laws
applicable to the services at the time services are provided to and accepted by City. Tow Operator
acknowledges that City is relying on Tow Operator to ensure such compliance (collectively Laws). Tow Operator
agrees that it shall defend, indemnify and hold City and City lndemnitees harmless from all liability, damages,
costs, and expenses arising from or related to a violation of Laws.
19. Pricinq
The Agreement price shall include full compensation for providing all required services in accordance with the
Scope of Work attached to this Agreement, and no additional compensation will be allowed therefore, unless
otherwise provided for in this Agreement. Tow Operator shall pay the City Franchise Fees as listed in
Attachment "8", or "City Administrative / Franchise Fees", in accordance with Paragraph 25 of Attachment "4".
20. Terms and Conditions
Tow Operator acknowledges that the undersigned has read and agrees to all terms and conditions included in
this Agreement.
21. Severabilitv
lf any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired or invalidated thereby.
22. Calendar Davs
Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless
otherwise expressly provided.
23. Attornev Fees
lf either party is required to commence any proceeding or legal action to enforce any term, covenant or condition
of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other
party its reasonable Attorney's fees and legal expenses
24. lnterpretation
This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in
the matters dealt with in this Agreement. ln addition, each party has been represented by experienced and
knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel
despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have
not been influenced to any extent whatsoever in executing this Agreement by any other party hereto or by any
person representing them, or both. Accordingly, any rule or law (including California Civil Code section 1654) or
legal decision that would require interpretation of any ambiguities in this Agreement against the party that has
5
drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable
manner to affect the purpose of the parties and this Agreement
25. Authoritv
The parties to this Agreement represent and warrant that this Agreement has been duly authorized and
executed and constitute the legally binding obligation of their respective organization or entity enforceable in
accordance with its terms.
26. Emplovee Eliqibilitv Verification
Tow Operator warrants that it fully complies with all Federal and State statutes and regulations regarding the
employment of aliens and others and that all its employees performing work under this Agreement meet the
citizenship or alien status requirement set forth in Federal statutes and regulations. Tow Operator shall obtain,
from all employees performing work hereunder, all verification and other documentation of employment eligibility
status required by Federal or State statutes and regulations including, but not limited to, the lmmigration Reform
and ControlAct of 1986, I U S C. 51324 et seq., as they currently exist and as they may be hereafter amended.
Tow Operator shall retain all such documentation for all covered employees for the period prescribed by the law
Tow Operator shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its
agents, officers, and employees from employer sanctions and any other liability which may be assessed against
Tow Operator or City or both in connection with any alleged violation of any Federal or State statutes or
regulations pertaining to the eligibility for employment of any persons performing work under this Agreement.
27. Additional Terms and Conditions
A) Term of Agreement: This Agreement shall commence on December28,2014, and shall be
effective for three (3) years from that date, unless otherwise terminated by City.
B) Fiscal Appropriations: This Agreement is subject to and contingent upon applicable budgetary
appropriations being made by the City for each year during the term of this Agreement. lf such
appropriations are not forthcoming, the Agreement will be terminated without penalty. Tow
Operator acknowledges that funding or portions of funding for this Agreement may also be
contingent upon the receipt of funds from, and/or appropriation of funds by City. lf such funding
and/or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate
or modify this Agreement without penalty.
C) Conflict of Interest (Tow Operator): Tow Operator shall exercise reasonable care and diligence to
prevent any actions or conditions that result in a conflict with the best interest of City. This
obligation shall apply to Tow Operator, Tow Operator's employees, agents, relatives, and third
parties associated with accomplishing the work hereunder. Tow Operator's efforts shall include, but
not be limited to, establishing precautions to prevent its employees or agents from making,
receiving, providing, or offering gifts, entertainment, payments, loans, or other considerations which
could be deemed to appear to influence individuals to act contrary to the best interest of City.
D) Tow Operator Work Hours and Safety Standards: Tow Operator shall ensure compliance with all
safety and hourly requirements for employees, in accordance with federal, state, and City safety
and health regulations and laws.
E) Orderly Termination: Upon termination or other expiration of this Agreement, each party shall
promptly return to the other party all papers, materials, and other properties of the other held by
each for purposes of execution of the Agreement. ln addition, each party will assist the other Party
in orderly termination of this Agreement and the transfer of all aspects, tangible and intangible, as
may be necessary for the orderly, non-disruptive business continuation of each party.
F) Reprocurement Costs: ln the case of default by Tow Operator, City may procure the service from
other sources and, if the cost is higher, Tow Operator will be held responsible to pay City the
difference between the Agreement cost and the price paid. City may make reasonable efforts to
obtain the prevailing market price at the time such services are rendered This is in addition to any
other remedies available under law.
G) Authorization Warranty: Tow Operator represents and warrants that the person executing this
Agreement on behalf of and for Tow Operator is an authorized agent who has actual authority to
bind Tow Operator to each and every term, condition, and obligation of this Agreement and that all
requirements of Tow Operator have been fulfilled to provide such actual authority.
6
28.
H) Notices: Any and all notices permitted or requrred to be given hereunder shall be deemed duly
given (1)upon actualdelivery, if delivery is by hand, or(2) upon delivery bythe United States mail if
delivery is by postage paid registered or certified return receipt requested mail; or (3) through
electronic means such as, email or the Dispatch & Tracking Solutions Software System (DTS).
l) Data - Title to: All materials, documents, data or information obtained from City data files or any
City medium furnished to Tow Operator in the performance of this Agreement will at all times remain
the property of City. Such data or information may not be used or copied for direct or indirect use
by Tow Operator after completion or termination of this Agreement without the express written
consent of City. All materials, documents, data or information, including copies, must be returned to
City at the end of this Agreement.
J) Usage: No guarantee is given by City to Tow Operator regarding usage of this Agreement. Usage
figures, if provided, are approximate, based upon the last usage. Tow Operator agrees to supply
services and/or commodities requested, as needed by City, at prices listed in the Agreement,
regardless of quantity requested.
K) Tow Operator's Records: Tow Operator shall keep true and accurate accounts, records, books
and data which shall correctly reflect the business transacted by Tow Operator in accordance with
generally accepted accounting principles. These records shall be stored at the Tow Operators
principal place of business for a period of three (3) years after final payment is received by City.
L) Audits/lnspections: Tow Operator agrees to permit City's authorized representative (including
auditors from a private auditing firm hired by City) access during normal working hours to all books,
accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose
of auditing or inspecting any aspect of performance under this Agreement. The inspection and/or
audit will be confined to those matters connected with the performance of the Agreement including,
but not limited to, the costs of administering the Agreement. City reserves the right to audit and
verify Tow Operator's records before or after final payment is made.
Tow Operator agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of records retention is stipulated under this Agreement or
by law. Tow Operator agrees to allow interviews of any employees or others who might reasonably
have information related to such records. Further, Tow Operator agrees to include a similar right to
City to audit records and interview staff of any sub-Tow Operator related to performance of this
Agreement.
M) Should Tow Operator cease to exist as a legal entity, Tow Operator's records pertaining to this
Agreement shall be forwarded to the Chief of Police or his/her designee.
Disoutes-Aqreement
A) The Parties shall deal in good faith and attempt to resolve potential disputes informally.
1) Tow Operator shall submit to the Chief of Police, or his/her designee, a written demand for a
final decision regarding the disposition of any dispute between the parties arising under,
related to, or involving this Agreement, unless City, on its own initiative, has already rendered
such a final decision.
2) Tow Operator's written demand shall be fully supported by factual information, and, if such
demand involves a cost adjustment to the Agreement, Tow Operator shall include with the
demand a written statement signed by a senior official indicating that the demand is made in
good faith, that the supporting data are accurate and complete, and that the amount
requested accurately reflects the Agreement adjustment for which Tow Operator believes City
is liable.
B) Pending the final resolution of any dispute arising under, related to, or involving this Agreement,
Tow Operator agrees to diligently proceed with the performance of this Agreement. Tow Operator's
failure to diligently proceed shall be considered a material breach of this Agreement.
C) Any final decision of City shall be expressly identified as such, shall be in writing, and shall be
signed by the City Hearing Administrative Officer, or Chief of Police, or his/her designee, as
applicable. lf City fails to render a decision within ninety (90) days after receipt of Tow Operator's
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demand, it shall be deemed a final decision adverse to Tow Operator's contentions. City's final
decision shall be conclusive and binding regarding the dispute unless Tow Operator commences
action in a court of competent jurisdiction.
29. Breach of Aqreement
The failure of the Tow Operator to comply with any of the provisions, covenants or conditions of this Agreement
shall be a material breach of this Agreement. ln such event the City may, and in addition to any other remedies
available at law, in equity, or otherwise specified in this Agreement, undertake any of the individual actions or
any combination of the following actions:
1) Afford the Tow Operator written notice of the breach and ten calendar days or such
shorter time that may be specified in this Agreement within which to cure the
breach;
2) Suspend and/or remove Tow Operator from the rotation;
3) Terminate the Agreement immediately, without any penalty.
The Parties hereto have executed this Agreement.
îtL (
htN Øv
*lf a corporation or limited liability company, the document must be signed by two corporate officers. The first signature
must be either the Chairman of the Board, President, or any Vice President. The second signature must be the
secretary, an assistant secretary, the Chief Financial Officer, or any assistant treasurers. ln the ãfternative, a singlesignature is acceptable when accompanied by a corporate document demonstrating the legal authority of äesignature to bind the company.
DOUGLAS T
City
By Date:
\, ô\
ATTEST:
WONNE SPENCE, CMC
City Clerk
By:: Date:z/ t't
TOW OPERATOR*:
CITY OF FRESNO.
of
APPROVED AS TO FORM
I
ATTACHMENT A
SCOPE OF WORK
1. Scope of Work
Tow Operator shall perform the towing, and storage of vehicles as directed by the City, and in addition, such
other services as provided in this Scope of Work, and shall provide necessary storage facility, tow vehicles,
labor, materials, equipment, machinery, and tools. The Tow Operator shall comply with all State laws and
regulations, applicable to tow units and impound, towing, storage, selling or junking of vehicles Tow operators
must follow all guidelines set forth by equipment manufactures recommendations as to their use and care of all
towing related equipment All permits and licensing fees as specified under California Vehicle Code (CVC)
sections 34620 through 34624 shall be in full force and effect at all times during this Agreement. Any violation of
this section will be considered a material breach of the Agreement and may result in immediate termination of
this Agreement.
2. Towing Services and Duties
It shall be the duty of the Tow Operator, when so directed by the City, to provide prompt tow service for vehicles
which are taken into custody by the City. This includes vehicles involved in collisions or disabled by any other
cause, abandoned in public places or on private property. Vehicles impounded for evidence, impeding tñe flow
of traffic, or which for any other reason, are within the jurisdiction of the FPD As required by law, Tow
Operators are to remove from the street all debris resulting from said collisions and to clean the immediate area
of such street (CVC section 27700(a)(1)) lt shall also be the duty to provide for the safety and security of those
vehicles and the contents thereof. These duties are inherent to tñe job and are to be inclúded in the piice of the
basic tow bill.
The tow truck operator shall provide a business card to the registered owner or driver for the vehicle being
towed. The business card shall contain the name, address and phone number of the tow company as well as
the link to the vehicle search system in DTS as follows: www.findmytow.com
Tow truck operators and/or drivers will not be permitted to drive an impounded or recovered stolen vehicle or
vehicle intended for storage from a FPD rotation call or special operation. Any exceptions must be at the
direction of the FPD officer in charge of the scene and should be limited to repositioning the vehicle to allow for
towing.
The City has designated two (2) tow companies for evidence impound tows and no other rotation tow company
shall maintain custody over these vehicles at any time. lf an officer impounds a vehicle for evidence and a non-
preference rotational tow is dispatched, it is the responsibility of the tow driver to verify with the officer on scene
as to whether a vehicle is to be held for evidence. lf it is determined that the vehicle is to be held for evidence,
the tow driver must immediately notify the officer on scene that the company is not authorized to handle
evidence impounds and an evidence tow company shall be dispatched. Tow Operator shall then contact the
Tow Unit on the same business day, or within the next business day if such tow occurs after regular business
hours. Acceptance of an evidence tow by a non-designated evidence tow company will result in disciplinary
action and full financial responsibility for all tow and storage fees for each violation.
lf terminated or suspended, Tow Operator and/or owner at the time of the suspension or termination, shall not
be eligible for a rotation listing for the duration of the suspension or termination. This provision applies to the
Tow Operator working in any capacity within any tow business or operating any tow business and to the tow
business even if operated under new ownership.
Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow Rotation List,
excluding equipment which may be unavailable due to repairs or when there is a need for equipment
replacement and written notice has been obtained from FPD.
3. Special Operations
FPD conducts special operations coordinated through the Traffic Bureau throughout the year that requires tow
companies at the location of the special operation. Tow companies on the Tow Rotation List that are in good
standing with FPD may be invited to participate in these operations, provided they are willing to remain witñ the
special operation until its conclusion and forfeit any rotational tow calls (FPD, California Highway patrol, or
other) received during the duration of the operation. "Good standing" shall mean that Tow Operator has not
violated, or is not in violation of the terms of this Agreement, the provisions of the FMC, State, or Federal law.
All special operations tows will be subject to the provisions of this Agreement. Tow Operator shall respond to a
I
special operation with a flatbed tow truck with the capability of towing (2) vehicles. No ride alongs will be allowed
on any special operations unless the ride along is the Tow Owner or a Tow Driver who is in training and has
been approved by FPD.
4. Siqnage and hours of Operation
The storage yard or business office shall have a sign that clearly identifies it to the public as a towing service.
The sign shall have letters that are clearly visible to the public from the street and must be visible at night. All
storage facilities must be accessible to City personnel twenty-four (24) hours per day and seven (7) days per
week. The Tow Operator will provide customer service twenty-four (24) hours per day and seven (7) days per
week for the release of vehicles.
Ïow Operator shall provide at least one person at a call station to respond and release vehicles within thirty (30)
minutes. Tow Operator shall maintain all signage required pursuant to CVC sections 22850.3 and 22651 07
and include an after-hours contact phone number for Tow Operator.
5. Response Time
Tow Operator shall respond to calls twenty-four (24) hours aday, seven (7) days a week, within the maximum
response time limits as established by the Chief of Police or his/her designee. A reasonable response time is
thirty (30) minutes or less, except during peak hours of 7.00 a.m. to g:00 a.m. and 4:00 p m. to 6.00 p.m.,
(Monday through Friday), when the required response time will be extended to forty-five (45) minutes or less.
Tow Operator shall respond with a tow truck of the class required to tow the vehicle specified by the DTS
System.
6. Non-Response
The Tow Operator shall update the DTS System at the time of dispatch to a tow rotation request. lf the Tow
Operator is either unable to respond or unable to meet the maximum response time, the tow operator shall
immediately update the DTS System accordingly. lf, after accepting the call, the Tow Operator is unable to
respond or will be delayed in responding, the Tow Operator shall immediately update the DTS system
accordingly.
To decline or refuse to respond will be considered a non-response. Each non-response will be immediately
documented in the DTS System. Each non-response will be logged by the DTS System and reviewed by the
City. lf the fault for the non-response is attributed to other than the Tow Operator, the Tow Operator will be
placed back in the rotational list and called at the next opportunity in line.
One such breach, determined to be the fault of the Tow Operator, will be grounds for written reprimand which
may be subsequent to a meeting between the Tow Operator and the City. A second breach may be grounds for
a (30) thirty-day suspension of this Agreement. A third violation will be considered a material breach of the
Agreement and may result in immediate termination of this Agreement.
ln the case of suspension ortermination, allvehicles then in storage atthe time of the suspension ortermination
remain protected under this Agreement as City's impounds and the Tow Operator is so bound. The City will
have the option to remove andlor transfer stored vehicles.
When a Tow Operator will be temporarily unavailable to provide services due to preplannedischeduled activity,
such as a vacation, maintenance, medical leave, etc., the Tow Operator will notify City in writing via the DTS
system at least forty-eight (48) hours in advance. City reserves the right to deny these requests to maintain
adequate service levels for tow operations. Failure to notify the City will be considered a non-response and a
material breach of this agreement.
7. StoraqeResponsibilities
It shall be the duty of the Tow Operator to provide impound and other storage service for all vehicles as directed
by the City. The Tow Operator shall be responsible for all vehicles, accessories and equipment thereon and all
personal property therein stored by Tow Operator. lt shall be the Tow Operators' duty to protect such stored
vehicles, accessories, equipment, and property against all loss or damage by fire, theft or other causes. The
Tow Operator will have available for review by City personnel, all permits and proof of compliance to all local
zoning, special use, conditional use and special requirements, laws and regulation. lt is the responsibility of the
Tow Operator to ensure vehicles are stored in a secured facility.
8. Size and Location of Storaqe Facilitv
The tow yard shall be located within the City of Fresno's "Metropolitan Area." Metropolitan area is defined as
within the borders of Copper Avenue to the north, American Avenue to the south, DeWolf Avenue to the east,
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and Chateau Fresno to the west. Tow Operator shall be responsible for the security of vehicles and property atthe place of storage. At a minimum, a six (6) foot fence or enclosed secured area is required ior outsidestorage. A minimum of 5,000 square feet, or room for twenty (20) vehicles, shall be provided. All tow yards
located with the City of Fresno shall be in compliance with the FMC, current Directors Class #20g and shallfollow the current Development and Resource Management Department's Policy and procedure C-002. lf thetow facility is located outside the City of Fresno, the tow operator is required to provide written proof that theyard is in compliance with the authorizing jurisdiction. Tow Operator is responsible for the reasonable care,custody, and control of any property contained in towed or stored vehicles. The storage facility and businessoffice will be located at the primary storage yard and shall be maintained in a functiónal, clean and orderlyfashion. The facility shall have a telephone, on-site fax machine and the necessary computer equipment toproperly run DTS software and to send and receive email
ln the event of criminal activity at a storage facility, the City may require the Tow Operator to take measures toassist in preventing such crimes. These measures could include, but are not limited to: the yard beingilluminated during darkness, with security type lighting, to such a degree that visual observation oi the entireyard may be accomplished at all times, improved fencing and/or security patrols.
All vehicles stored or impounded as a result of a tow ordered by the City shall be towed direcfly to a towing
service storage lot unless the City, or in the case of a citizen's assist, a person legally in charge of the vehicle-,requests that it be taken to some other location.
All vehicles towed as a result of action taken by the City will be stored at the Tow Operator's principal place ofbusine the City's les stored at an auxiliary storagä facilitywill be reement. ll not remove personal'properiy from astored removes a stored vehicie, the Tow öpeiator willmainta will requ signed receipt from the registered owner fór propertyreleased. The Tow Operator shall immediately notify the City if any contrabañd, weapons or hazardous
materials are found in the vehicle(s).
9. Enclosed Facilitv
Ïhe Tow Operator may maintain, without charge to the City or any other person, separate and enclosed garage
facilities no less than 1,000 square feet of clean worki ìg space. The facility must be constructed to inc-lude aroof and at least four walls of substantial design to withstand the elements and protect the vehicles from theweather. The facility should have a concrete floor and sufficient lighting This inside facility must be located atthe Tow Operator's primary storage yard. This inside facility is not required to quatify toi tfre City,s rotation,however, when inside storage is requested for a particular vehicle, the next Tow Opeiator in line meeting theneeds of the City's request will be used.
10. DTS Requirements
Tow Operator shall utilize the most recent, updated and upgraded DTS software program, to dispatch and track,via a web-based lnternet connection. Tow Operators will be required to enter the tıwed vehicle information asinstructed by the City. At no time will a vehicle be released, subject to lien, or junked from impound without allrequired data fields being entered into the DTS system by the Tow Operator. The Tow Opeiator shall clearlyidentify and enter into DTS the name of the person to whom the vehicle was actually released. All City towrequests shall be made utilizing this program. Failure at any time to have the DTS program in full operation shallcause the immediate removal of the Tow Operator from the tow rotation and bé grounds for immediatetermination by City. Tow Operator must enter into a separate agreement, or license for the DTS softwareprogram with the owner of that proprietary software. The City shall not provide the DTS software program, anylicensing or sub-licensing thereof or any intermediary services for the procurement by Tow Operatòr oi tne OISsoftware program. This Agreement shall not be executed by the City until Tow Opérator has demonstrated tothe City's satisfaction compliance with the requirements set forth herein. Tow Operator shall be liable for allfees, charges, prices, rates and service charges required from DTS. DTS shall be utilized in "real time,, and allentries should reflect as such. lnvoices shall be used from DTS when releasing vehicles and be pursuant tosection 22651.07 of the CVC. The only Tow Operator personnel authorized to utilize and access DTb are those
tf at hqye fully complied with the provisions set forth in Section 12, "f ow Operator Personnel" of this Agreement.lf the Tow Operator is not in FULL compliance with the above stated requirement, the Tow Operaìôr will be
removed from the City towing rotation. ln the event that DTS fails to provide software services, or the City electsto utilize a new software provider, the Tow_Operatorwill be required to use the replacement towing s-oftwaresystem. lf that occurs, all references to DTS in this Agreement shall instead be interpreted as refereñces to the
new software program.
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11. Official Notification bv Citv Reqardinq Tow
Official notiflcation by City regarding tow services is considered any form of written, email, verbal instructions or
notifications received from an authorized City employee or electronic notice from the DTS program. lf the Tow
Operator receives verbal instructions or notifications from a City employee the Tow Operator must respond to
City, by 5:00 p.m. (PST) on the next business day.
12. Tow Operator Personnel
A.) Conduct
The Tow Operator shall perform the services required of it in an ethical, orderly manner, endeavoring to
obtain and keep the confidence of the public. At no time will the Tow Operator or its agent or ãny
employee of the Tow Operator exhibit any of the following behavior: rudeness, or othenrvise being
uncooperative, argumentative, threatening, incompetent or acting in a dangerous manner with any City
employee, or with any member of the public. The City reserves the right to cancel an individual tow
assignment, if in the opinion of the City, the Tow Operator is acting in a rude, uncooperative,
argumentative, threatening, incompetent or dangerous manner. The City also reserves the right to cancel
an individual tow assignment if in the opinion of the City the Tow Operator is likely to damage the vehicle
for which the tow service was called. Other examples of unacceptable behavior include but are not limitedto: profanity, abusive language, disconnecting telephone calls for public inquiries regarding a tow,
threatening, aggressive, or assertive language, failure to provide timely information or documents in
response to a public or City inquiry, lack of respect to any City personnel or member of the public,
destruction or damaging of evidence, failure to comply with the reasonable request of a member of the
public, failure to release vehicle in a timely manner, failure to make appointment for release of vehicle
during evening or weekend hours, failure to promptly be on site at time of appointment for release of
vehicle during evening or weekend hours, impeding an investigation or any other conduct which the City
deems unprofessional.
lf the Tow Operator is found to be in violation of this conduct clause, the City will cancel the Tow Operator
and request the next Tow Operator in rotation. Any such behavior as set forth above shall be considereda material breach of this Agreement and may be grounds for immediate suspension or immediate
termination by the City, without penalty.
B.) PersonnelAppearance
Tow Operators shall be required to furnish their employees with a distinctive company uniform. Each
uniform shall have the firm's name, as well as the employee's name, in a conspicuous place. The tow
company's name and driver's first name shall be clearly visible at all times, meaning that protective or
inclement weather outer garments must meet this standard. Each employee shall have sufficient uniforms
so as to maintain a neat, clean appearance at all times. Minimum requirements for uniforms include a
shirt, long pants, and appropriate safety shoes. All drivers shall be in uniform before any towing or service
operation begins. No wording, designs, photos, gestures, or anything that could be considered offensive
or obscene to the general public shall be displayed by the Tow Operators or on any part of the uniform.
Dress standards are required in order to project a professional and positive image to the public.
All employees must be neat, clean and well groomed in appearance. ln order to ensure a professional
appearance, all tattoos must be concealed by operators while working. Personnel will be required to
conceal any tattoos with gloves, collars, long sleeves, or by other means acceptable to the City. Facial
tattoos of any variety are not permitted. No facial piercings shall be worn while on duty.
Drivers shall wear safety vests or reflectorized clothing that conforms to Occupational Safety and Health
Administration (OSHA) requirements. Alternatively, the OSHA safety requirements may be incorporated
into the uniform, jacket, or rain gear, as long as these items are worn as the outermost garment.
C.) UnlawfulActivity
The Tow Operator or it's employees shall not be involved, nor shall the Tow Operator or its employees
become invofved in any agreement or activity whether verbal, written or conveyed in any other manner,
any activity or busíness venture which may be construed as unlawful. lf the City deems the involvement
to be unlawful, the City may immediately terminate this Agreement.
The Tow Operator shall not provide any direct or indirect commission, gift or any compensation to any
person or public or private entity, in consideration of arranging or requesting the services of a tow truck as
provided in section 12110 of the CVC.
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No Tow Operator will be involved or solicit any compensation of any kind including but not limited to
involvement with any other company or business that might result in income or consideration as a result of
any activity initiated by the City.
An example of such a prohibited involvement could include but is not limited to: financial reimbursement
by auto-body repair business for referrals, or towing directly from the scene of a collision to the auto-body
shop without prior unsolicited approval or request by the registered owner, driver or insurance company
representative of the damaged vehicle; kickback to or from a security company or homeowner'i
association for "finding" or towing a vehicle from a location, whether private property, public, off street
parking facility or a public roadway. Violation of this provision shall be grounds for immediate termination
by City, without penalty.
D.) Personnel Licenses
Tow Operators providing services under this Agreement, including tow truck drivers, dispatchers and other
office personnel, will have sufficient knowledge, experience and capability to ensure safe and proper
discharge of their service responsibilities. lt will be the responsibility of the Tow Operator to ensure that all
of its personnel will be properly licensed in accordance with sections 12500, 12520, and 12g04.9 of the
CVC. Alltow truck drivers and tow truck operators shall be enrolled in the "Pull Notice" program as defined
in CVC section'1808.1 et seq.. Drivers must complete a CHP approved Tow Operator Cıurse every five(5) years and copies of completion of the course shall be sent to the City. All Tow Operators and
personnel shall have no criminal record which would preclude them from being placed in a position of trust
while in the service of a law enforcement agency or any crime listed below under the heading of "Criminal
Record."
E.) Fingerprints
All owners and employees who have not previously submitted their "LiveScan" fingerprint samples shall
submit their "LiveScan" fingerprint samples, at their own expense, through the City þrior to being awarded
this Agreement, for the purposes of verifying their criminal history with the Department of Justice.
Failure to provide information regarding the identity of the owner, employee, or anyone else with a
financial interest in the Tow Operator will result in termination of this Agreement. The Íow Operator will
provide the City with information regarding any change in employee status immediately and update DTS
to reflect such changes. Failure to comply may result in further disciplinary action, and will be considered
a breach of this Agreement.
After execution of this Agreement, no person shall be employed by the Tow Operator or perform any
service under this Agreement until the background record check and "LiveScan" is completed and
approved by the City and said employee has received their identification badge from the City.
Notwithstanding the foregoing, Tow Operators and owners that have towed for the City under the previous
Tow Service Agreement and have completed a new background and "LiveScan" check will be aliowed to
continue to tow for the City until such time as the results of the background and "LiveScan" submissions
are reviewed and approved by the City.
Any employee of the Tow Operator that has left employment with said Tow Operator and returned and
been rehired must complete an additional background check before performing services pursuant to this
Agreement
F.) Criminal Record
A conviction of anyone with a financial interest in the Tow Operator, or any employee of the Tow Operator,
including but not limited to any of the following offenses, may be cause for denial of application or
termination of this Agreement:
. Any crimes listed in California Penal Code section 290. DUI-Within 5 years of the Date of Fingerprinting. Vehicle theft. Fraud. Stolen property
. Crimes of Violence. Any felony crime relating to narcotics or any controlled substance. Any other crimes enumerated in CVC section 2432.3
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. Actively on parole or on any form of probation. Crime of moral turpitude. Sex, Arson, Narcotics Registrant. Other felony conviction
The City is rationale or factual information in the event it elects to denyapplication personnel from providing services for the City under thisAgreement ts denied under this seòt¡on may appeal to ine Chief ofPolice or hi Chief of police, or his/her designee, are final.
ln the event the Tow Operator or employee is c
be given the opportunity to replace that emplo
prohibit the City from removing, suspending or t
the Tow Operator to provide the City with updat
conviction of any Tow Operator and/or employee
of guilty or nolo contendre, even to any lesser-i
provide information regarding the identity of the employee, or anyone else with a financial interest in theTow Operator will result in termination of the Agreement. Failure to provide information to the City ol'anyinformation regarding the conviction of any of the above crimes may also result in termination of theAgreement.
G.) ldentificationBadges
Each tow tru shall wear, in plain view an identification badge,authorized â ¡ryhile on any call for service where the City isinvolved. lf thout his auihorized name badge tne tãw tiuct<driver will be - next Tow operator in rotat¡on will be ialled. Failure tocarry an identification badge will be considered a violation as stated in Section 3'1, "Disciplinary Action,,'ofthis Agreement. The purpose of these badges will be to identify those employees of the Tów Operatorwho have been fingerprinted by the City and have passed the record check Oy ttie Department of Justice.
All identification badges are the property of the City and will be returned by the Tow Operator to the Citywithin forty-eight (a8) hours of an employee's separation. Tow Operator will proviOe a current list of allstaff including drivers, dispatchers, etc. Anytime there are any changes to this list, the City is to be notified
by the next business day and provided with an updated and iurrent list.
13. Tow Operator Licensinq and Certification
All licensing and certifications required by Federal, State and local authorities shall be maintained current andvalid at all times as required in CVC sections: 34507.5,34600 et seq, 34620, and 12j11, and sections 7231 etseq, of the California Revenue and Taxation code. Failure to have any required license or certification, includingany driver who fails to have an appropriate class of license, may be grounds for immediate termination nV ò¡tVwithout penalty.
14. Inspection
All real property and improvements thereon, and all veh
Operator in the performance of the services required
authorized representative, and will be subject to no less
be conducted without notice during normal business ho
books, accounts, records, reports, files, financial rec
erator for the purpose of auditing
he event that the City determines
fail to meet the requirements as
ately, without penalty.
15. Vehicle and Equipment Requirements
Tow vehicles will be maintained in compliance with sections 24605, 25253,25300, 27700 and 27g07 of theCVC. Tow vehicles will be of at least 14,000 lbs. GVWR with dual rear wheels, with the ability to tow two (2)vehicles, or a vehicle and/or a trailer. Tow vehicles must have two-way communication capábilities and theability to communicate and connect with the DTS System at all times. The Tow Operator shail have equipmentcapable of towing from off-road areas, towing from underground facilities, anå recovery services'with anadjustable boom with at least five tons of lifting capacity. ln addition to the conventional wheel lift towingcapabilities, the Tow Operator shall maintain at least one or more flatbed or rollback trucks with a minimum offifty (50) feet of cable, and the required safety equipment. Unless otherwise specified by the City, al¡ Tow
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Operators shall respond to a tow service request with a flatbed or rollback truck as specified above. At the
discretion of the tow operator, a wrecker may be used to respond to a tow service request. lf for any reason the
Tow Operator is unable to complete the tow service request with the wrecker, the Tow Operator will not be
placed back on the top of the rotation list and a new Tow Operator will receive the tow service request.
A 3-axle or 25{on truck is not required equipment. However, Tow Operators that possess this equipment will be
placed on a heavy-duty tow rotation list.
All trucks must have the required emergency lighting, portable stop and tail lamps, a broom, shovel, fìre
extinguisher (rating 4-8, C), a utility light, reflective triangles, a large pry-bar, covered trash cans with approved
absorbent, rags, unlocking equipment, dollies (boom trucks), chains, and/or tie downs.
Wheel lift trucks will maintain at least 100 feet of cable and all safety equipment as required by the
manufacturer.
Tow vehicles must have a cable winch of sufficient size and capacity to retrieve vehicles that have gone off
traveled portions of roadways into inundated areas or other inaccessible locations. Winches must have visible
lD tags designating the model, make, serial number, and rated capacity.
All tow trucks used in City tows will be subject to a yearly inspection This does not preclude the City from
conducting random inspections throughout the year.
16. Vehicleldentification
Tow vehicles shall display identification signs in compliance with section 27907 of the CVC. The Tow Operator
shall not display any sign or advertising material that indicates that his tow vehicles are an official police service
of the City.
17. Charqes and Fees to be collected from Registered Owners
All rates and charges shall be conspicuously posted in the office and in all tow vehicles. These rates shall quote
complete charges and fees with no additional fees to be added at a later date. These rates will be available for
review by City personnel and/or the person for whom tow service is provided. All fees collected shall be itemized
and invoiced in DTS in accordance to section 22651.07 of the CVC. lt will be the Tow Operator's responsibility
to collect his bill for service, and the City will not be responsible in any way for these charges. Storage fees will
be calculated on the calendar day except the first 24-hours which is counted as a single day in accordance with
California Civil Code (CCC) 3068.1 (seeAttachment B). Allfees listed on the DTS invoicewill be received in the
form of major credit card, debit card, or cash. All fees collected, both City and Tow Operator fees, must be
invoiced through the DTS system prior to release and at the time of payment No credit card fees will be
charged pursuant to CVC section 22651.1 and CCC section 1748.1 for any portion of the fees. The City
reserves the right to change all payment methods during the term of this agreement.
18. Lien Fees
At no time shall the City be charged a lien fee on a towed or impounded vehicle. No lien shall be attached to
any vehicle that has been impounded by the City until after seventy-two (72) hours from the time of storage as
listed in the DTS system have passed pursuantto section 22851.12 of the CVC. All lien transactions must be
entered into the DTS system by Tow Operator Vehicles sold at lien sale shall abide by all laws relating to lien
sales. A vehicle held in impound by the City for thirty (30) days, shall not be sold at lien until such time as is
considered reasonable to allow the registered owner time to pay for and pick up the vehicle before it is sold at
lien, but under no circumstances before the thirty-fifth (35'n) day after storage.
The Tow Operator shall abide by all applicable statutes and ordinances concerning disposal of unclaimed
vehicles, including but not necessarily limited to CVC sections 22670:22851',22851.1',22851.2,22851.3',
22851.4; 22851.6; 22851.8, 22851.10, 22851 .12 and 22852.5.
As described in CVC section 22856, liability for despoliation of evidence shall not arise against the Tow
Operator that sells any vehicle at, or disposes of any vehicle after, a lien sale, as long as the Tow Operator can
show written proof that he was notified in writing by the City that the vehicle would not be needed as evidence in
a legal action. This proof may exist in the form of an official release in the DTS System or any other written
conveyance signed by a member of the City prior to the official, written release of the vehicle.
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19. Reasonableness and Validitv of Fees
Fees charged to the registered owner or any other person for response to calls originating from the City shall be
reasonable and not in excess of those rates charged for similar services provided in response to requests
initiated by any other public agency or private person. During the term of this agreement, the City shall conduct
an annual review each December of towing and storage fees of comparable cities and adjust rates set forth in
Attachment B by the first week of January of the following year.
20. Towinq Operation
All tows performed under this Agreement will be included in the flat rate charge as described in Attachment B.
No additional charges shall be charged without prior approval from the City and written notice is provided in the
DTS System. Any unapproved charges received outside the DTS System will result in immediate termination of
this Agreement and removal from the rotation list
Ïhe Tow Operator shall base towing charges upon the class of vehicle being towed regardless of the class of
the truck used, except when vehicle recovery operations require a larger class truck. The Tow Operator may
refer to the tow truck classes and weight ratings as defined by the Towing & Recovery Association of America
(TRAA) vehicle identification guide.
21. Service Call Rotation and Fees
The City shall establish a separate rotation list for Tow Operators willing to respond to service requests (out of
gas, lockouts, tire changes, etc.) Rates for a service requests shall not exceed one-half the flat rate charge for a
light duty truck response.
22. Gate Fees
No gate fees may be charged between 8.00 a.m through 5:00 p.m. Monday through Friday, excluding State
recognized holidays as listed below:
New Year's Day
Martin Luther King Day
Presidents'Day
Cesar Chavez Day
Memorial Day
lndependence Day
Labor Day
Veterans'Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
An after hours gate fee may be charged at all other times. The gate fee is not to exceed fifty percent (S0%) of
the flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal
property recovery that occurs outside normal business hours (excluding lien fees, storage fees, taxes, or other
additional fees.) The Tow Operator is responsible for assuring that proper gate fees are charged in accordance
with this section. Over charging gate fees will be considered a major violation as outlined in Section 30.
All towing and storage fees charged by the Tow Operator are the responsibility of the vehicle's owner and are
not the responsibility of the City. The exception would be evidentiary impounds made at the direction of City
personnel.
23. Cancelled Tow
The City shall not be liable to pay the Tow Operator or anyone else any charge or other fee for a call that does
not result in a chargeable service being rendered by Tow Operator ("Dry Run"). The cancelled Tow Operator
shall be placed back on the top of the rotation list and will receive the next tow in rotation.
24. Towed in Error
ln the event the City determines that an error has occurred in impounding a vehicle, it shall be immediately
released to the registered owner without charge and the Tow Operator will be placed back on the top of the
rotation list and will receive the next tow in rotation. ln addition, the Tow Operator will be given one extra tows
on the rotation list. Additional extra tows may be given at the discretion of the Tow Unit.
25. Release Fees
California law authorizes the recovery of funds required to enforce certain provisions of the CVC and promote
traffic safety on public roadways. This authorization falls underCVC section 22850.5 and further authorized by
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City resolutions. These resolutions are open to public view at the City and/or City offices and are on file with the
City's Traffic Bureau. The Tow Operator will collect fees on the behalf of the City from the registered owner,
legal owner or agent of an impounded car
A City administrative / franchise fee will be charged for the release of a vehicle that has been impounded by the
City. Fees will be established by an independent consulting firm to determine the City's costs associated with
impounding vehicles in accordance with CVC sections 22850.5 and 12110(b). All vehicles impounded will be
charged an administrative / franchise fee for the release of the vehicle. This fee will be established and attached
to each vehicle in the DTS System. The City's administrative fees will be collected at the time of the release by
the Tow Operator. The Tow Operator will pay the City's franchise fees equivalent to the City's administrative
fees for every vehicle that is not picked up by the owner or agent. The Tow Operator will pay the City's
administrative / franchise fees for every.City vehicle that was towed during the preceding month and will pay the
City no later than '12:00 p.m. on the 15"'of the following month, regardless of the disposition of the vehicle. ln
the event that the '15'n of the month falls on one of the State recognized holidays listed in Section 22 above, or a
weekend, the City's administrative/franchise fee must be paid by 12:00 p.m. on the following business day. Tow
Operators who fail to submit the City's administrative / franchise fees to the City by the 15'n day of each month
will be immediately suspended from rotation until all fees are received, and will be subject to appropriate
disciplinary action and civil recourse. The City will keep a strict accounting of these fees through the DTS
System and frequent audits will take place to ensure accurate and timely payment of collected City
administrative / franchise fees. The fee will be listed as an item on the owner's / agent's DTS contractor invoice.
26. UnauthorizedRelease
Unauthorized release of an impounded vehicle, accidental or othenvise, having evidentiary value, not officially
released by the City, and determined to be the fault of the Tow Operator, will result in the issuance of a major
violation as set forth in this Agreement. The determination of such fault will be the responsibility of the City
27. Release of Multi-Dav lmpounds
A vehicle impounded with a multiple day hold may only be released prior to the impound period with written
authorization by the City in the DTS System. The DTS System will automatically schedule the release of an
impounded vehicle
28. Release of Vehicles
Vehicles may only be released through the DTS System. Once the DTS System authorizes the release of a
stored or impounded vehicle, it is the Tow Operator's responsibility for the vehicle's release. The Tow Operator
is hereby granted authority to release to the registered owner, legal owner, or authorized representative,
pursuant to section 22850 3 of the CVC. At the time of release, the Tow Operator shall have the registered
owner, legal owner, or authorized representative taking possession of the vehicle sign a release indicating that
they are properly licensed and insured to drive a motor vehicle.
29. DisciplinarvAction
The Chief of Police, or his/her designee, shall take disciplinary action against Tow Operators for violations
investigated and sustained. Unless otherwise noted, the Chief of Police, or his/her designee, will determine the
period of suspension and shall retain discretion regarding the length of any suspension imposed pursuant to the
terms and conditions of this Agreement. The City shall retain record of violations for at least the term of this
Agreement.
30. Maior violations
Major violations include any chargeable offense under Federal, State, Local Law and significant violations of this
Agreement Such violations shall result in suspension or immediate termination of this Agreement. The Chief of
Police, or his/her designee, reserves the right to impose longer periods of suspensions or immediate
termination, if deemed appropriate in his/her sole discretion. The Chief of Police, or his/her designee, reserves
the right to remove a Tow Operator from the tow rotation during the investigation of a major violation. A
reinstatement from suspension for a major violation will result in a five hundred dollar ($500.00) fee. Suspension
will not be lifted until the reinstatement fee is received by the Chief of Police or his/her designee. ln addition, a
major violation may also result in the Tow Operator's empioyee being removed from participation in this
Agreement. Examples of major violations include, but are not limited to:
. Physicalassault, against public and/or law enforcement. Verbal abuse against public and/or law enforcement. Resisting arrest. Tow Truck Driver under the influence of alcohol or illegal drugs
-17 -
. Charging rates that exceed those listed in Attachment B. Vehicle released without authorization. Unauthorized access to storage yard
. Theft
. Mishandling of vehicles stored as evidencee Unauthorized driver responding to call. Failure to provide information or change of status on any Tow Operator employee or staff. Substantiated private party impound complaints. Any Felony/Misdemeanor arrest. Refusal to take a rotational tow. Failure to utilize the DTS System for all City towing related matters. Repeated late or nonpayment of City franchise fees. Failure to properly secure storage yard
o Failure to obey a lawful order by law enforcement
31. Minor violations
Minor violations will be given to the Tow Operator in the form of a documented warning for the first violation. The
second violation will be in the form of a documented reprimanded and a one hundred dollar ($10000) fine.
Repeated minor violations during the term of the Agreement may be treated as a major violation, and the Tow
Operator will be suspended or terminated from this Agreement. A reinstatement from suspension will result in a
five hundred dollar ($500.00) fee. Suspension will not be lifted until the reinstatement fee is received by the
Chief of Police or his/her designee. Examples of minor violations include, but are not limited to:
. Late payment of City franchise fees. Tow truck drivers not wearing City issued l.D. cards/ proper uniform. Unauthorized arrival time in excess of thirty (30) minutes, or forty-five (45) minutes during peak hours. Repeated rejection of dispatched calls. Other violations of this Agreement not considered a major violation by the Chief of Police or hisiher
designee. Unauthorizedride-a-long. Failure to respond to customers' needs. Failure to maintain proper equipmento Failure to clean up at a collision scene. Vehicle code infractions
32. Hearinq/Appeal
Tow Operator must have a legal existing interest in the tow operation or entitlement subject to the City order,
citation, decision or determination to have standing to appeal a decision by the Chief of Police or his/her
designee. An appeal that fails to identify the appellant's standing may be rejected as defective.
ln the event FPD serves Tow Operator with disciplinary action amounting to anything less than a suspension
resulting from a minor violation, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow Unit
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension for thirty (30) days or
less resulting from a minor or major violation, the Tow Operator may request a hearing within fifteen (1S)
calendar days by submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow
Unit. Upon receipt of a written request for an appeal, and at the discretion of the Chief of Police, or his/her
designee, the Tow Operator may be allowed to continue rotational tows until the final disposition of the appellate
hearing.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension in excess of thirty (30)
days, or termination of the TSA, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Administrative Hearing Officer by way of the City Manager's Offìce. The
written appeal shall be in compliance with FMC sections 1-407 and g-1712. Notwithstanding any provision
within Chapter 1, Article 4 of the FMC, any person who appeals a suspension in excess of thirty (30) days, or a
termination of the TSA shall not be entitled to placement on the Tow Rotation List or to participate in tows until
such time as any appeal hearing has been concluded and the Administrative Hearing Officer finds that no
grounds for a suspension in excess of thirty (30) days, or a termination of the TSA has been established. Tow
Operator's remedy shall be limited to reinstatement on the tow rotation list in such case and no other
compensation or consideration will be allowed.
18
ATTACHMENT B
TOW FEES
Flat price per vehicle per call:
Light Duty Tow/Flatbed $ '184.00/Each
Medium Duty Tow $ Average CHP Rates Apply
Heavy Duty Tow $ Average CHP Rates Apply
Water Recovery: $ Average CHP Rates Apply
Technoloqv Fee:
DTS Software Fee per Vehicle Towed $ Charge listed in DTS Contract and DTS System
Storaqe Rates:
Passenger cars $ 45.00/per day
Motorcycles $ 45 00/per day
Trucks or Trailers $ Average CHP Rates Apply
lnside Storaqe Rates:
Passenger cars $ 55.00/per dayMotorcycles $ 55.00/per day
Trucks or Trailers $ Average CHP Rates Apply
Gate Fee: No gate fees may be charged between 8:00 a.m. through 5:00 p.m Monday through Friday, excluding
State recognized holidays as listed in the Agreement.
An after hours gate fee may be charged at all other times. The gate fee shall not exceed fifty percent (50%) of the
flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal property
recovery that occur outside normal business hours (excluding lien fees, storage fees, taxes, or other additional
fees).
Non-tow service calls (out of gas, lockouts, and flat tires) shall not exceed one-half the flat rate charge for a light
duty truck response.
City of Fresno Administrative / Franchise Fees:
Vehicle Collision Blocking a Roadway $ 60.00
lllegally Parked / Abandoned Vehicle $1 16.00
Unlicensed Driver / Expired Registration $189.00
Arrested / Suspended Driver $266.00
DUI Driver $450.00
Allfees listed on the DTS invoice will be received in theform of major credit card, debit card or cash. Â/o
credit card fee will be charged pursuant to CVC section 22651.1 and CCC section 1748.1.
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I
f
CITY OF FRESNO
NON.EXCLUSIVE FRANCHISE TOW AGREEMENT
FOR FRESNO POLICE DEPARTMENT
This Non-exclusive Franchise Tow Agreement (TSA) is entered into effect on the 28th day of December 2014 set
forth below, at Fresno, California, between the City of Fresno, a municipalcorporation (City) and Thrifty Towing,
a California corporation (the Tow Operator).
This Agreement, including all attachments, contains rules and regulations that a tow company agrees to comply
with in order to participate in the tow operations of the City of Fresno Police Department (FPD). Participation in
the FPD Rotation Tow Program (Tow Program) is voluntary. Compliance with all of the terms and conditions of
the Agreement is mandatory for tow companies participating in the Tow Program. A Tow Operator, by agreeing
to participate in the Tow Program, is not acting as an agent for FPD or City when performing services under this
Agreement.
1. Governing Law and Venue
This Agreement shall be governed by, and construed enforced in accordance with, the laws of the State of
California excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue
for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any
rights and duties hereunder shall be the County of Fresno, California.
2. Entire Agreement
This Agreement, its attachments and exhibits, when accepted by the Tow Operator either in writing or
commencement of performance hereunder, contains the entire Agreement between the parties with respect to
the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth
herein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by
City in writing.
3. Amendments
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the
parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties;
and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in
writing.
4. Assiqnment or Sub Contractinq
The terms, covenants, and conditions contained herein shall apply to the parties. Furthermore, neither the
performance of this Agreement nor any porlion thereof may be assigned or subcontracted by Tow Operator
without the express written consent of City. Any attempt by Tow Operator to assign or subcontract the
performance or any potlion of this Agreement without the express written consent of City shall be invalid and
shall constitute a breach of this Agreement.
5. PatenUGopvriqht Materials/Proprietarv Infrinqement
Unless otherwise expressly provided in this Agreement, Tow Operator shall be solely responsible for obtaining a
license or other authorization to use any patented or copyrighted materials in the performance of this
Agreement. Tow Operator warrants that any Software as modified through services provided hereunder will not
infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Tow Operator
agrees that, in accordance with the more specific requirement below, it shall indemnify, defend and hold City
and City lndemnitees harmless from any and all such claims and be responsible for payment of all costs,
damages, penalties and expenses related to or arising from such claim(s), including, but not limited to,
attorney's fees, costs and expenses.
6. Non-Discrimination
ln the performance of this Agreement, Tow Operator agrees that it will comply with the requirements of section
1735 of the California Labor Code and not engage nor permit any Tow Operators to engage in discrimination in
employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, marital status, or sex of such persons. Tow Operator acknowledges that a
violation of this provision shall subject Tow Operator to all the penalties imposed for a violation of anti-
discrimination law or regulation, including but not limited to, section 1720 et seq. of the California Labor Code.
1
7. Termination
ln addition to any other remedies or rights it may have by law, City has the right to terminate this Agreement
without penalty immediately with cause and either party may terminate after thirty (30) days written notice
without cause, unless othen¡¡ise specified. Cause shall be defined as any breach of this Agreement or any
misrepresentation or fraud on the part of the Tow Operator. Exercise by City of its right to terminate the
Agreement shall relieve City of all further obligation.
8. Consent to Breach Not Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or
consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any
party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver
of, or excuse for any other different or subsequent breach.
L Remedies Not Exclusive
The remedies for breach set forth in this Agreement are cumulative as to one another and as to any other
provided by law, rather than exclusive; and the expression of certain remedies in this Agreement does not
preclude resort by either party to any other remedies provided by law.
10. lndependent Tow Operator
Tow Operator shall be considered an independent Tow Operator and neither Tow Operator, its employees nor
anyone working under Tow Operator shall be considered an agent or an employee of City Neither Tow
Operator, its employees nor anyone working under Tow Operator, shall qualify for workers' compensation or
other fringe benefits of any kind through City.
1',. Performance
Tow Operator shall perform all work under this Agreement, taking necessary steps and precautions to perform
the work to City's satisfaction. Tow Operator shall be responsible for the professional quality, technical
assurance, timely completion, and coordination of all documentation and other goods/services furnished by Tow
Operator under this Agreement. Tow Operator shall. perform all work diligently, carefully, and in a good and
workman-like manner; furnish all labor, supervision, machinery, equipment, materials, and supplies necessary
therefore; at its sole expense obtain and maintain all permits and licenses required by public authorities,
including those of City required in its governmental capacity, in connection with performance of the work; and, if
permitted to subcontract, be fully responsible for all work performed by sub-Tow Operators.
',2. lndemnification
A) Tow Operator shall indemnify, hold harmless and defend City and each of its officers, officials,
employees, agents and authorized volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to
personal injury, death at any time and property damage) incurred by City, Tow Operator, or any
other person, and from any and all claims, demands and actions in law or equity (including
attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of
performance of this Agreement. Tow Operator's obligations under the preceding sentence shall
apply regardless of whether City or any of its officers, officials, employees, agents or authorized
volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or
damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any
of its officers, officials, employees, agents or authorized volunteers
B) lf Tow Operator should subcontract all or any portion of the work to be performed under this
Agreement, Tow Operator shall require each subcontractor to indemnify, hold harmless and defend
City and each of its officers, officials, employees, agents and authorized volunteers in accordance
with the terms of the preceding paragraph.
C) This section shall survive termination or expiration of this Agreement.
13. lnsurance
A) Throughout the life of this Agreement, Tow Operator shall pay for and maintain in full force and
effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted
by the California lnsurance Commissioner to do business in the State of California and rated not
less than 'A-Vll" in Best's lnsurance Rating Guide, or (ii) authorized by City's Risk Manager. The
following policies of insurance are required:
2
5)
B)
1) COMMERCIAL GENERAL LIABILITY insurance which shall be on the most current version of
lnsurance Services Office (lSO) Commercial General Liability Coverage Form CG 00 01 and
include insurance for "bodily injury," "property damage" and "personal and advertising injury"
with coverage for premises and operations, products and completed operations, and
contractual liability (including, without limitation, indemnity obligations under the Agreement)
with limits of liability of not less than 91,000,000 per occurrence for bodily injury and property
damage, $1,000,000 per occurrence for personal and advertising injury and $2,000,000
aggregate for products and completed operations and $2,000,000 general aggregate.
2) GARAGEKEEPERS LEGAL LIABILITY insurance which shall include coverage for vehicles in
the care, custody, and control of the Tow Operator with limits of liability of not less than
$120,000 per occurrence for property damage.
3) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be on the most current
version of lnsurance Service Office (lSO) Business Auto Coverage Form CA 00 01, and
include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles
(Code 1- Any Auto) with limits of not less than $1,000,000 per accident for bodity injury and
property damage.
4) ON-HOOIICARGO insurance which shall include coverage for vehicles in tow with limits of
liability based on the size of the tow truck, which are as follows:
a) Class A/B tow truck... ......$120,000b) Class C tow truck.. ... $200,000c) Class D tow truck... ... .. ... $300,000
WORKERS' COMPENSATION insurance as required under the California Labor Code and
EMPLOYERS LIABILITY insurance with minimum limits of $1,000,000 each accident, $1,000,000
disease policy limit and $1,000,000 disease each employee.
Tow Operator shall be responsible for payment of any deductibles contained in any insurance
policies required hereunder and Tow Operator shall also be responsible for payment of any self-
insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate
of lnsurance and approved by the City's Risk Manager or his/her designee. At the option of the
City's Risk Manager, or his/her designee, either.
1) The insurer shall reduce or eliminate such deductibles or self-insured retention as
respects City, its officers, officials, employees, agents and volunteers; or
2) Tow Operation shall provide a financial guarantee, satisfactory to City's Risk Manager, or
his/her designee, guaranteeing payment of losses and related investigations, claim
administration and defense expenses. At no time shall City be responsible for the payment of
any deductibles or self-insured retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30)
calendar days written notice in favor of City of policy cancellation, change or reduction of coverage,
except for the Workers'Compensation policy which shall provide ten (10) calendar days written
notice of such cancellation, change or reduction of coverage ln the event any policies are due to
expire during the term of this Agreement, Tow Operator shall provide a new certificate and all
applicable endorsements evidencing renewal of such policy prior to the expiration date of the
expiring policy(ies) to the Chief of Police, or his/her designee, and the City's Risk Division. Upon
issuance by the insurer, broker, or agent of a notice of cancellation, change or reduction in
coverage, Tow Operator shall file with the Chief of Police, or his/her designee, and the City's Risk
Division, a new certificate and all applicable endorsements for such policy(ies).
The General Liability, Automobile Liability and Garagekeepers Legal Liability insurance policies
shall be written on an occurrence form and shall name City, its officers, officials, agents, employees
and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Tow
Operator's insurance shall be primary with respect to the City, its officers, officials, employees,
agents and authorized volunteers with no contribution required of City. Any Workers'Compensation
insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents,
c)
D)
J
employees and authorized volunteers. Tow Operator shall have furnished City with the certificate(s)
and applicable endorsements for ALL required insurance prior to City's execution of the Agreement.
E) The fact that insurance is obtained by Tow Operator shall not be deemed to release or diminish the
liability of Tow Operator, including, without limitation, liability under the indemnity provisions of this
Agreement. City shall apply to all claims and liability regardless of whether any insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by Tow Operator. Approval or purchase of any insurance contracts or policies shall in no
way relieve from liability nor limit the liability of Tow Operator, its principals, officers, agents,
employees, persons under the supervision of Tow Operator, vendors, suppliers, invitees,
consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of
them.
F) Upon request of City, Tow Operator shall immediately furnish City with a complete copy of any
insurance policy required under this Agreement, including all endorsements, with said copy certified
by the underwriter to be a true and correct copy of the original policy. This requirement shall survive
expiration or termination of this Agreement
G) lf at any time during the life of the Agreement or any extension, Tow Operator fails to maintain the
required insurance in full force and effect, all work under this Agreement shall be discontinued
immediately until notice is received by City that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory to City
Any failure to maintain the required insurance shall be sufficient cause for City to terminate this
Agreement.
H) lf Tow Operator should subcontract all or any portion of the work to be performed, Tow Operator
shall require each subcontractor to provide insurance protection in favor of the City, its officer,
officials, employees, agents and authorized volunteers in accordance with the terms of each of the
preceding paragraphs, except that the subcontractors certificates and endorsements shall be on file
with the Tow Operator and City prior to the commencement of any work by the subcontractor.
14. Bills and Liens
Tow Operator shall pay promptly all indebtedness for labor, materials, and equipment used in performance of
the work. Tow Operator shall not permit any lien or charge to attach to the work or the premises, but if any does
so attach, Tow Operator shall promptly procure its release and indemnify defend, and hold City harmless and
be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related
thereto.
15. Chanqe of Control
Tow Operator agrees that if there is a change or transfer in ownership or control of the Tow Operator's business
prior to completion of this Agreement, unless such change or transfer is to "immediate family" as defined in
Fresno Municipal Code (FMC) section 3-101(e) and approved in writing by the Chief of Police, or his/her
designee, such change or transfer shall terminate this Agreement. This includes but is not limited to changes in:
Corporate Board Members, Managers, Directors, Treasurer, Trustees, or ownership interests All changes or
transfers to "immediate family" must be approved by the Chief of Police, or his/her designee, prior to such
change or transfer in order for the Tow Operator to remain on the tow services list. Final written approval or
disapproval for the change or transfer in ownership or control will be given by the Chief of Police or his/her
designee. All "immediate family" members involved in the potential transfer and operation of the Tow Operator
shall be required to undergo a background check, review, and "Livescan" fingerprint screening. The "immediate
family" members involved in the change or transfer of ownership or control must also possess and keep current
all licensing certificates and insurance as required in this Agreement The "immediate family" members who will
operate or otherwise be legally responsible for the Tow Operator will be required to execute a new TSA.
A) Tow Operator owners shall be directly involved in the day{o-day operations of their
business and shall not be directly involved in the towing-related business of any other tow
company on, or appl¡cant for, the Tow Rotation List. Co-mingling of operations, business,
offices, board members, and finances is strictly prohibited.
B) lf terminated or suspended, Tow Operator and/or its owner at the time of the suspension or
termination, shall not be eligible for a rotation listing for the duration of the suspension or
terminatÍon. This section applies to the Tow Operator working in any capacity within any tow
4
business or operating any tow business and to the tow business even if operated under new
ownership
C) Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow
Rotation List, excluding equipment which may be unavailable due to repairs or when there is a need
for equipment replacement and written approval is obtained from the Chief of Police or his/her
designee.
16. Force Maieure
Tow Operator shall not be in breach of this Agreement caused by any act of God, war, civil disorder,
employment strike or other cause beyond its reasonable control, provided Tow Operator gives written notice of
the cause of the delay to City within thirty-six (36) hours of the start of the delay and Tow Operator avails itself of
any available remedies.
17. Confidentialitv
Tow Operator agrees to maintain the confidentiality of all City and City-related records and information pursuant
to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term
of this Agreement All such records and information shall be considered confidential and kept confidential by
Tow Operator and Tow Operator's staff, agents and employees.
18. Gompliance with Laws
Tow Operator represents and warrants that services to be provided under this Agreement shall fully comply, at
Tow Operator's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and
regulations, including, but not limited to those issued by City in its governmental capacity and all other laws
applicable to the services at the time services are provided to and accepted by City. Tow Operator
acknowledges that City is relying on Tow Operator to ensure such compliance (collectively Laws). Tow Operator
agrees that it shall defend, indemnify and hold City and City lndemnitees harmless from all liability, damages,
costs, and expenses arising from or related to a violation of Laws.
19. Pricinq
The Agreement price shall include full compensation for providing all required services in accordance with the
Scope of Work attached to this Agreement, and no additional compensation will be allowed therefore, unless
otherwise provided for in this Agreement Tow Operator shall pay the City Franchise Fees as listed in
Attachment "8", or "City Administrative / Franchise Fees", in accordance with Paragraph 25 of Attachment "4".
20. Terms and Conditions
Tow Operator acknowledges that the undersigned has read and agrees to all terms and conditions included in
this Agreement.
21. Severabilitv
lf any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired or invalidated thereby.
22. Calendar Davs
Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless
otherwise expressly provided
23. Attornev Fees
lf either party is required to commence any proceeding or legalaction to enforce any term, covenant or condition
of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other
party its reasonable Attorney's fees and legal expenses.
24. lnterpretation
This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in
the matters dealt with in this Agreement. ln addition, each party has been represented by experienced and
knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel
despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have
not been influenced to any extent whatsoever in executing this Agreement by any other party hereto or by any
person representing them, or both. Accordingly, any rule or law (including California Civil Code section 1654) or
legal decision that would require interpretation of any ambiguities in this Agreement against the party that has
5
drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable
manner to affect the purpose of the parties and this Agreement.
25. Authoritv
The parties to this Agreement represent and warrant that this Agreement has been duly authorized and
executed and constitute the legally binding obligation of their respective organization or entity, enforceable in
accordance with its terms.
26. Emplovee Eliqibilitv Verification
Tow Operator warrants that it fully complies with all Federal and State statutes and regulatrons regarding the
employment of aliens and others and that all its employees performing work under this Agreement meet the
citizenship or alien status requirement set forth in Federal statutes and regulations. Tow Operator shall obtain,
from all employees performing work hereunder, all verification and other documentation of employment eligibility
status required by Federal or State statutes and regulations including, but not limited to, the lmmigration Reform
and ControlAct of 1986, 8 U S.C. 51324 et seq., as they currently exist and as they may be hereafter amended
Tow Operator shall retain all such documentation for all covered employees for the period prescribed by the law.
Tow Operator shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its
agents, officers, and employees from employer sanctions and any other liability which may be assessed against
Tow Operator or City or both in connection with any alleged violation of any Federal or State statutes or
regulations pertaining to the eligibility for employment of any persons performing work under this Agreement.
27. Additional Terms and Gonditions
A) Term of Agreement: This Agreement shall commence on December 28, 2014, and shall be
effective for three (3) years from that date, unless otherwise terminated by City.
B) Fiscal Appropriations: This Agreement is subject to and contingent upon applicable budgetary
appropriations being made by the City for each year during the term of this Agreement. lf such
appropriations are not forthcoming, the Agreement will be terminated without penalty. Tow
Operator acknowledges that funding or portions of funding for this Agreement may also be
contingent upon the receipt of funds from, and/or appropriation of funds by City. lf such funding
and/or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate
or modify this Agreement without penalty.
C) Conflict of lnterest (Tow Operator): Tow Operator shall exercise reasonable care and diligence to
prevent any actions or conditions that result in a conflict with the best interest of City. This
obligation shall apply to Tow Operator, Tow Operator's employees, agents, relatives, and third
parties associated with accomplishing the work hereunder. Tow Operator's efforts shall include, but
not be limited to, establishing precautions to prevent its employees or agents from making,
receiving, providing, or offering gifts, entertainment, payments, loans, or other considerations which
could be deemed to appear to influence individuals to act contrary to the best interest of City
D) Tow Operator Work Hours and Safety Standards: Tow Operator shall ensure compliance with all
safety and hourly requirements for employees, in accordance with federal, state, and City safety
and health regulations and laws.
E) Orderly Termination: Upon termination or other expiration of this Agreement, each party shall
promptly return to the other party all papers, materials, and other properties of the other held by
each for purposes of execution of the Agreement. ln addition, each party will assist the other Party
in orderly termination of this Agreement and the transfer of all aspects, tangible and intangible, as
may be necessary for the orderly, non-disruptive business continuation of each party
F) Reprocurement Gosts: ln the case of default by Tow Operator, City may procure the service from
other sources and, if the cost is higher, Tow Operator will be held responsible to pay City the
difference between the Agreement cost and the price paid City may make reasonable efforts to
obtain the prevailing market price at the time such services are rendered. This is in addition to any
other remedies available under law.
G) Authorization Warranty: ïow Operator represents and warrants that the person executing this
Agreement on behalf of and for Tow Operator is an authorized agent who has actual authority to
bind Tow Operator to each and every term, condition, and obligation of this Agreement and that all
requirements of Tow Operator have been fulfilled to provide such actual authority.
b
28.
H) Notices: Any and all notices permitted or required to be given hereunder shall be deemed duly
given ('1) upon actualdelivery, if delivery is by hand; or (2) upon delivery by the United States mail if
delivery is by postage paid registered or certified return receipt requested mail; or (3) through
electronic means such as, email or the Dispatch & Tracking Solutions Software System (DTS)
l) Data - Title to: All materials, documents, data or information obtained from City data files or any
City medium furnished to Tow Operator in the performance of this Agreement will at all times remain
the property of City. Such data or information may not be used or copied for direct or indirect use
by Tow Operator after completion or termination of this Agreement without the express written
consent of City. All materials, documents, data or information, including copies, must be returned to
City at the end of this Agreement.
J) Usage: No guarantee is given by City to Tow Operator regarding usage of this Agreement. Usage
figures, if provided, are approximate, based upon the last usage. Tow Operator agrees to supply
services and/or commodities requested, as needed by City, at prices listed in the Agreement,
regardless of quantity requested.
K) Tow Operator's Records: Tow Operator shall keep true and accurate accounts, records, books
and data which shall correctly reflect the business transacted by Tow Operator in accordance with
generally accepted accounting principles. These records shall be stored at the Tow Operators
principal place of business for a period of three (3) years after final payment is received by City.
L) Audits/lnspections: Tow Operator agrees to permit City's authorized representative (including
auditors from a private auditing firm hired by City) access during normal working hours to all books,
accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose
of auditing or inspecting any aspect of performance under this Agreement The inspection and/or
audit will be confined to those matters connected with the performance of the Agreement including,
but not limited to, the costs of administering the Agreement City reserves the right to audit and
verify Tow Operator's records before or after final payment is made.
Tow Operator agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of records retention is stipulated under this Agreement or
by law. Tow Operator agrees to allow interviews of any employees or others who might reasonably
have informatlon related to such records. Further, Tow Operator agrees to include a similar right to
City to audit records and interview staff of any sub-Tow Operator related to performance of this
Agreement.
M) Should Tow Operator cease to exist as a legal entity, Tow Operator's records pertaining to this
Agreement shall be forwarded to the Chief of Police or his/her designee
Disputes-Aqreement
A) The Parties shall deal in good faith and attempt to resolve potential disputes informally.
1) Tow Operator shall submit to the Chief of Police, or his/her designee, a written demand for a
final decision regarding the disposition of any dispute between the parties arising under,
related to, or involving this Agreement, unless City, on its own initiative, has already rendered
such a final decision.
2) Tow Operator's written demand shall be fully supported by factual information, and, if such
demand involves a cost adjustment to the Agreement, Tow Operator shall include with the
demand a written statement signed by a senior official indicating that the demand is made in
good faith, that the supporting data are accurate and complete, and that the amount
requested accurately reflects the Agreement adjustment for which Tow Operator believes City
is liable.
B) Pending the final resolution of any dispute arising under, related to, or involving this Agreement,
Tow Operator agrees to diligently proceed with the performance of this Agreement. Tow Operator's
failure to diligently proceed shall be considered a material breach of this Agreement.
C) Any final decision of City shall be expressly identified as such, shall be in writing, and shall be
signed by the City Hearing Administrative Officer, or Chief of Police, or his/her designee, as
applicable. lf City fails to render a decision within ninety (90) days after receipt of Tow Operator's
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demand, it shall be deemed a final decision adverse to Tow Operator's contentions. City's finaldecision shall be conclusive and binding regarding the dispute unless Tow Operator commences
action in a court of competent jurisdiction.
29. Breach of Aqreement
The failure of the Tow h any of the provisions, covenants or conditions of this Agreement
shall be a material bre ln such event the City may, and in addition to any other remediesavailable at law, in eq ified in this Agreement, undertake any of the indiiidual actions orany combination of the following actions:
1) Afford the Tow Operator written notice of the breach and ten calendar days or such
shorter time that may be specified in this Agreement within which to cure the
breach;
2) Suspend and/or remove Tow Operator from the rotation;
3) Terminate the Agreement immediately, without any penalty.
The Parties hereto have executed this Agreement.
Date: lL40-l'l
EE
*lf a corporation or limited liability company, the document must be signed by two corporate officers. The first signaturemust be either the Chairman of the Board, President, or any Vice President. The second signature must be thesecretary, an assistant secretary, the Chief Financial Officer, or any assistant treasurers. ln the ãlternative, a singlesignature is acceptable when accompanied by a corporate document demonstrating the legal authority of i-hesignature to bind the company.
CITY OF FRESNO.
A municipal corporation
Jerry Dyer, Chief of Police
Date.
APPROVED AS TO FORM
DOUGLAS T. SLOAN
City A
By
By
ATTEST:
WONNE SPENCE, CMC
City Clerk
Date:
Date: h *
Þt- CrJteþ
t Name:
8
ATTACHMENT A
SCOPE OF WORK
1. Scope of Work
Tow Operator shall perform the towing, and storage of vehicles as directed by the City, and in addition, such
other services as provided in this Scope of Work, and shall provide necessary storage facility, tow vehicles,
labor, materials, equipmènt, machinery, and tools The Tow Operator shall comply with all State laws and
regulations, applicable to tow units and impound, towing, storage, selling or junking of vehicles. Tow operators
must follow all guidelines set forth by equipment manufactures recommendations as to their use and care of all
towing related equipment. All permits and licensing fees as specified under California Vehicle Code (CVC)
sections 34620 through 34624 shall be in full force and effect at all times during this Agreement. Any violation of
this section will be considered a material breach of the Agreement and may result in immediate termination of
this Agreement.
2. Towinq Services and Duties
It shall be the duty of the Tow Operator, when so directed by the City, to provide prompt tow service for vehicles
which are taken into custody by the City. This includes vehicles involved in collisions or disabled by any other
cause, abandoned in public places or on private property. Vehicles impounded for evidence, impeding the flow
of traffic, or which for any other reason, are within the jurisdiction of the FPD. As required by law, Tow
Operators are to remove from the street all debris resulting from said collisions and to clean the immediate area
of such street (CVC section 27700(a)(1)). lt shall also be the Quty to provide for the safety and security of those
vehicles and the contents thereof These duties are inherent to the job and are to be included in the price of the
basic tow bill.
The tow truck operator shall provide a business card to the registered owner or driver for the vehicle being
towed. The business card shall contain the name, address and phone number of the tow company as well as
the link to the vehicle search system in DTS as follows: www.findmytow com
Tow truck operators and/or drivers will not be permitted to drive an impounded or recovered stolen vehicle or
vehicle intended for storage from a FPD rotation call or special operation. Any exceptions must be at the
direction of the FPD officer in charge of the scene and should be limited to repositioning the vehicle to allow for
towing.
The City has designated two (2) tow companies for evidence impound tows and no other rotation tow company
shall maintain custody over these vehicles at any time. lf an officer impounds a vehicle for evidence and a non-
preference rotational tow is dispatched, it is the responsibility of the tow driver to verify with the officer on scene
as to whether a vehicle is to be held for evidence. lf it is determined that the vehicle is to be held for evidence,
the tow driver must immediately notify the officer on scene that the company is not authorized to handle
evidence impounds and an evidence tow company shall be dispatched. Tow Operator shall then contact the
Tow Unit on the same business day, or within the next business day if such tow occurs after regular business
hours. Acceptance of an evidence tow by a non-designated evidence tow company will result in disciplinary
action and full financial responsibility for all tow and storage fees for each violation.
lf terminated or suspended, Tow Operator and/or owner at the time of the suspension or termination, shall not
be eligible for a rotation listing for the duration of the suspension or termination. This provision applies to the
Tow Operator working in any capacity within any tow business or operating any tow business and to the tow
business even if operated under new ownership.
Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow Rotation List,
excluding equipment which may be unavailable due to repairs or when there is a need for equipment
replacement and written notice has been obtained from FPD
3. Special Operatíons
FPD conducts special operations coordinated through the Traffic Bureau throughout the year that requires tow
companies at the location of the special operation. Tow companies on the Tow Rotation List that are in good
standing with FPD may be invited to participate in these operations, provided they are willing to remain with the
special operation until its conclusion and forfeit any rotational tow calls (FPD, California Highway Patrol, or
other) received during the duration of the operation. "Good standing" shall mean that Tow Operator has not
violated, or is not in violation of the terms of this Agreement, the provisions of the FMC, State, or Federal law.
All special operations tows will be subject to the provisions of this Agreement. Tow Operator shall respond to a
I
special operation with a flatbed tow truck with the capability of towing (2) vehicles. No ride alongs will be allowed
on any special operations unless the ride along is the Tow Owner or a Tow Driver who is in training and has
been approved by FPD.
4. Siqnaqe and hours of Operation
The storage yard or business office shall have a sign that clearly identifies it to the public as a towing service
The sign shall have letters that are clearly visible to the public from the street and must be visible at ñignt. ntt
storage facilities must be accessible to City personnel twenty-four (24) hours per day and seven (7) dàys per
week. The Tow Operator will provide customer service twenty-four (24) hours per day and seven (7) days per
week for the release of vehicles.
Tow Operator shall provide at least one person at a call station to respond and release vehicles within thirty (30)
minutes. Tow Operator shall maintain all signage required pursuant to CVC sections 228503 and 22651.07
and include an after-hours contact phone number for Tow Operator.
5. Response Time
Tow Operator shall respond to calls twenty-four (24) hours a day, seven (7) days a week, within the maximum
response time limits as established by the Chief of Police or his/her designee A reasonable response time is
thirty (30) minutes or less, except during peak hours of 7:00 a.m. to 9:00 a.m. and 4:00 p m. to 6,00 p m ,(Monday through Friday), when the required response time will be extended to forty-five (45) minutes or less.
Tow Operator shall respond with a tow truck of the class required to tow the vehicle specified by the DTS
System.
6. Non-Response
The Tow Operator shall update the DTS System at the time of dispatch to a tow rotation request lf the Tow
Operator is either unable to respond or unable to meet the maximum response time, the tow operator shall
immediately update the DTS System accordingly. lf, after accepting the call, the Tow Operator is unabte to
respond or will be delayed in responding, the Tow Operator shall immediately update the DTS system
accordingly.
To decline or refuse to respond will be considered a non-response. Each non-response will be immediately
documented in the DTS System. Each non-response will be logged by the DTS System and reviewed by the
City. lf the fault for the non-response is attributed to other than the Tow Operator, the Tow Operator wi¡ be
placed back in the rotational list and called at the next opportunity in line.
One such breach, determined to be the fault of the Tow Operator, will be grounds for written reprimand which
may be subsequent to a meeting between the Tow Operator and the City. A second breach may be grounds fora (30) thírty-day suspension of this Agreement A third violation will be considered a material bréach of the
Agreement and may result in immediate termination of this Agreement.
ln the case of suspension or termination, all vehicles then in storage at the time of the suspension or termination
remain protected under this Agreement as City's impounds and the Tow Operator is so bound The City will
have the option to remove and/or transfer stored vehicles.
When a Tow Operator will be temporarily unavailable to provide services due to preplanned/scheduled activity,
such as a vacation, maintenance, medical leave, etc., the Tow Operator will notify City in writing via the DTS
system at least forty-eight (48) hours in advance. City reserves the right to deny these requests to maintain
adequate service levels for tow operations. Failure to notify the City will be considered a non-response and a
material breach of this agreement.
7. StoraqeResponsibilities
It shall be the duty of the Tow Operator to provide impound and other storage service for all vehicles as directed
by the City. The Tow Operator shall be responsible for all vehicles, accessories and equipment thereon and all
personal property therein stored by Tow Operator. lt shall be the Tow Operators' duty to protect such stored
vehicles, accessories, equipment, and property against all loss or damage by fire, theft or other causes. TheÏow Operator will have available for review by City personnel, all permits and proof of compliance to all local
zoning, special use, conditional use and special requirements, laws and regulation. lt is the responsibility of the
Tow Operator to ensure vehicles are stored in a secured facility.
8. Size and Location of Storaqe Facilitv
The tow yard shall be located within the City of Fresno's "Metropolitan Area." Metropolitan area is defined as
within the borders of Copper Avenue to the north, American Avenue to the south, DeWolf Avenue to the east,
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and Chateau Fresno to the west. Tow Operator shall be responsible for the security of vehicles and property atthe place of storage. At a minimum, a six (6) foot fence or enclosed secured area is required ior'outsidestorage. A minimum of 5,000 square feet, or room for twenty (20) vehicles, shall be provided. All tow yards
located with the City of Fresno shall be in compliance with the FMC, current Directors Class #208 and shallfollow the current Development and Resource Management Department's Policy and Procedure C-002. lf thetow facility is located outside the City of Fresno, the tow operator is required to provide written proof that theyard is in compliance with the authorizing jurisdiction. Tow Operator is responsible for the reasonable care,custody, and control of any property contained in towed or stored vehicles The storage facility and businessoffice will be located at the primary storage yard and shall be maintained in a functiónal, clean and orderlyfashion. The facility shall have a telephone, on-site fax machine and the necessary computer equipment toproperly run DTS software and to send and receive email
ln the event of criminal activity at a storage facility, the City may require the Tow Operator to take measures toassist in preventing such crimes. These measures could include, but are not limited to: the yard beingilluminated during darkness, with security type lighting, to such a degree that visual observation oi the ent¡reyard may be accomplished at alltimes, improved fencing and/or security patrols.
All vehicles stored or impounded as a result of a tow ordered by the City shall be towed direcfly to a towingservice storage lot unless the City, or in the case of a citizen's assist, a person legally in charge of the vehicle-,
requests that it be taken to some other location.
All vehicles towed as a result of action taken by the City will be stored at the Tow Operator's principal place ofbusine the City's les stored at an auxiliary storage facilitywill be reement. ll. not remove personal'prop"riy from astored removes a stored vehicie, the Tow òperator willmainta will requ signed receipt from the registered owner for propertyreleased The Tow Operator shall immediately notify the City if any contrabañd, weapons or hazardous
materials are found in the vehicle(s).
9. Enclosed Facilitv
The Tow Operator may maintain, without charge to the City or any other person, separate and enclosed garage
facilities no less than 1,000 square feet of clean worki ìg space. The facility must be constructed to include aroof and at least four walls of substantial design to withstand the elements and protect the vehicles from theweather The facility should have a concrete floor and sufficient lighting This inside facility must be located atthe Tow Operator's primary storage yard. This inside facility is not required to qualify toi tfre City's rotation,
however, when inside storage is requested for a particular vehicle, the next Tow Opeiator in line meeting theneeds of the City's request will be used
10. DTS Requirements
Tow Operator shall utitize the most recent, updated and upgraded DTS software program, to dispatch and track,via a web-based f nternet connection. Tow Operators will be required to enter the towed vehicle information asinstructed by the City. At no time will a vehicle be released, subject to lien, or junked from impound without allrequired data fields being entered into the DTS system by the Tow Operator. The Tow Operator shall clearlyidentify and enter into DTS the name of the person to whom the vehicle was actually relàased. All City towrequests shall be made utilizing this program. Failure at any time to have the DTS program in full operation shallcause the immediate removal of the Tow Operator from the tow rotation and bé grounds for immediate
termination by City. Tow Operator must enter into a separate agreement, or license for the DTS softwareprogram with the owner of that proprietary software. The City shall not provide the DTS software program, anylicensing or sub-licensing thereof or any intermediary services for the procurement by Tow Operator oi t¡e OtSsoftware program. This Agreement shall not be execut d by the City until Tow Operator has demonstrated tothe City's satisfaction compliance with the requirements set forth herein. Tow Operator shall be liable for allfees, charges, prices, rates and service charges required from DTS. DTS shall be utilized in "real time, and allentries should reflect as such. lnvoices shall be used from DTS when releasing vehicles and be pursuant tosection 2265107 of the CVC. The only Tow Operator personnel authorized to utilize and access DTb are those
that have fully complied with the provisions set forth in Section 12, "Tow Operator Personnel" of this Agreement.lf the Tow Operator is not in FULL compliance with the above stated requirement, the Tow Operaór will beremoved from the City towing rotation. ln the event that DTS fails to provide software services, or the City electsto utilize a new software provider, the Tow_ Operator will be required to use the replacement towing sãftwaresystem. lf that occurs, all references to DTS in this Agreement shall instead be interpreted as refereñces to thenew software program.
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11. Official Notification bv Citv Reqardinq Tow
Offìcial notification by City regarding tow services is considered any form of written, email, verbal instructions or
notifications received from an authorized City employee or electronic notice from the DTS program. lf the Tow
Operator receives verbal instructions or notifications from a City employee the Tow Operator must respond to
City, by 5:00 p.m. (PST) on the next business day.
'12. Tow Operator Personnel
A.) Conduct
The Tow Operator shall perform the services required of it in an ethical, orderly manner, endeavoring to
obtain and keep the confidence of the public. At no time will the Tow Operator or its agent or any
employee of the Tow Operator exhibit any of the following behavior: rudeness, or othen¡vise being
uncooperative, argumentative, threatening, incompetent or acting in a dangerous manner with any City
employee, or with any member of the public. The City reserves the right to cancel an individual tow
assignment, if in the opinion of the City, the Tow Operator is acting in a rude, uncooperative,
argumentative, threatening, incompetent or dangerous manner The City also reserves the right to cancel
an individual tow assignment if in the opinion of the City the Tow Operator is likely to damage the vehicle
for which the tow service was called. Other examples of unacceptable behavior include but are not limitedto: profanity, abusive language, disconnecting telephone calls for public inquiries regarding a tow,
threatening, aggressive, or assertive language, failure to provide timely information or documents in
response to a public or City inquiry, lack of respect to any City personnel or member of the public,
destruction or damaging of evidence, failure to comply with the reasonable request of a member of the
public, failure to release vehicle in a timely manner, failure to make appointment for release of vehicle
during evening or weekend hours, failure to promptly be on site at time of appointment for release of
vehicle during evening or weekend hours, impeding an investigation or any other conduct which the City
deems unprofessional.
lf the Tow Operator is found to be in violation of this conduct clause, the City will cancel the Tow Operator
and request the next Tow Operator in rotation. Any such behavior as set forth above shall be considered
a material breach of this Agreement and may be grounds for immediate suspension or immediate
termination by the City, without penalty.
B.) PersonnelAppearance
Tow Operators shall be required to furnish their employees with a distinctive company uniform Each
uniform shall have the firm's name, as well as the employee's name, in a conspicuous place. The tow
company's name and driver's first name shall be clearly visible at all times, meaning that protective or
inclement weather outer garments must meet this standard. Each employee shall have sufficient uniforms
so as to maintain a neat, clean appearance at all times Minimum requirements for uniforms include a
shirt, long pants, and appropriate safety shoes. All drivers shall be in uniform before any towing or service
operation begins. No wording, designs, photos, gestures, or anything that could be considered offensive
or obscene to the general public shall be displayed by the Tow Operators or on any part of the uniform
Dress standards are required in order to project a professional and positive image to the public.
All employees must be neat, clean and well groomed in appearance. ln order to ensure a professional
appearance, all tattoos must be concealed by operators while working Personnel will be required to
conceal any tattoos with gloves, collars, long sleeves, or by other means acceptable to the City. Facial
tattoos of any variety are not permitted. No facial piercings shall be worn while on duty.
Drivers shall wear safety vests or reflectorized clothing that conforms to Occupational Safety and Health
Administration (OSHA) requirements. Alternatively, the OSHA safety requirements may be incorporated
into the uniform, jacket, or rain gear, as long as these items are worn as the outermost garment.
C.) UnlawfulActivitv
The Tow Operator or it's employees shall not be involved, nor shall the Tow Operator or its employees
become involved in any agreement or activity whether verbal, written or conveyed in any other manner,
any activity or business venture which may be construed as unlawful. lf the City deems the involvement
to be unlawful, the City may immediately terminate this Agreement.
The Tow Operator shall not provide any direct or indirect commission, gift or any compensation to any
person or public or private entity, in consideration of arranging or requesting the services of a tow truck as
provided in section 12110 of the CVC.
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No Tow Operator will be involved or solicit any compensation of any kind including but not limited to
involvement with any other company or business that might result in income or consideration as a result of
any activity initiated by the City
An example of such a prohibited involvement could include but is not limited to: financial reimbursement
by auto-body repair business for referrals, or towing directly from the scene of a collision to the auto-body
shop without prior unsolicited approval or request by the registered owner, driver or insurance company
representative of the damaged vehicle; kickback to or from a security company or homeowner's
association for "finding" or towing a vehicle from a location, whether private property, public, off street
parking facility or a public roadway. Violation of this provision shall be grounds for immediate termination
by City, without penalty.
D ) Personnel Licenses
Tow Operators providing services under this Agreement, including tow truck drivers, dispatchers and other
office personnel, will have sufficient knowledge, experience and capability to ensure safe and proper
discharge of their service responsibilities lt will be the responsibility of the Tow Operator to ensure that all
of its personnel will be properly licensed in accordance with sections 12500, 12520, and 12804.9 of the
CVC. All tow truck drivers and tow truck operators shall be enrolled in the "Pull Notice" program as defined
in CVC section1808.1 et seq.. Drivers must complete a CHP approved Tow Operator Course every five(5) years and copies of completion of the course shall be sent to the City. All Tow Operators and
personnel shall have no criminal record which would preclude them from being placed in a position of trust
while in the service of a law enforcement agency or any crime listed below under the heading of "Criminal
Record."
E.) Fingerprints
All owners and employees who have not previously submitted their "LiveScan" fingerprint samples shall
submit their "LiveScan" fingerprint samples, at their own expense, through the City prior to being awarded
this Agreement, for the purposes of verifying their criminal history with the Department of Justice.
Failure to provide information regarding the identity of the owner, employee, or anyone else with a
financial interest in the Tow Operator will result in termination of this Agreement The Tow Operator will
provide the City with information regarding any change in employee status immediately and update DTS
to reflect such changes. Failure to comply may result in further disciplinary action, and will be considered
a breach of this Agreement.
After execution of this Agreement, no person shall be employed by the Tow Operator or perform any
service under this Agreement until the background record check and "LiveScan" is completed anO
approved by the City and said employee has received their identification badge from the City.
Notwithstanding the foregoing, Tow Operators and owners that have towed for the City under the previous
Tow Service Agreement and have completed a new background and "LiveScan" check will be aliowed to
continue to tow for the City until such time as the results of the background and "LiveScan" submissions
are reviewed and approved by the City
Any employee of the Tow Operator that has left employment with said Tow Operator and returned and
been rehired must complete an additional background check before performing seryices pursuant to this
Agreement
F.) Criminal Record
A conviction of anyone with a financial interest in the Tow Operator, or any employee of the Tow Operator,
including but not limited to any of the following offenses, may be cause for denial of application or
termination of this Agreement:
. Any crimes listed in California Penal Code section 290. DUI-Within 5 years of the Date of Fingerprintingo Vehicle theft. Fraud. Stolen Property. Crimes of Violence. Any felony crime relating to narcotics or any controlled substance. Any other crimes enumerated in CVC section 2432.3
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. Actively on parole or on any form of probation. Crime of moral turpitude. Sex, Arson, Narcotics Registrant. Other felony conviction
The City is not required to provide any reason, rationale or factual information in the event it elects to deny
application or remove any of Tow Operator's personnel from providing services for the City under this
Agreement Tow driver or employee applicants denied under this section may appeal to the Chief of
Police or his/her designee. All decisions by the Chief of Police, or his/her designee, are final.
ln the event the Tow Operator or employee is convicted or is under investigation, the Tow Operator may
be given the opportunity to replace that employee without prejudice to the Agreement. Nothing shall
prohibit the City from removing, suspending or terminating the Agreement. lt will be the responsibility of
the Tow Operator to provide the City with updated information regarding any illegal activity, arrest(s) or
conviction of any Tow Operator and/or employee. For the purpose of this section, any conviction or plea
of guilty or nolo contendre, even to any lesser-included offense, are considered convictions. Failure to
provide tnformation regarding the identity of the employee, or anyone else with a financial interest in the
Tow Operator will result in termination of the Agreement. Failure to provide information to the City of any
information regarding the conviction of any of the above crimes may also result in termination of the
Agreement.
G.) ldentifícationBadges
Each tow truck driver or employee of the Tow Operator shall wear, in plain view an identification badge,
authorized and issued by the City to that employee, while on any call for service where the City is
involved lf a tow truck driver responds to a scene without his authorized name badge, the tow truck
driver will be dismissed from the scene and the next Tow Operator in rotation will be called. Failure to
carry an identification badge will be considered a violation as stated in Section 31, "Disciplinary Action," of
this Agreement. The purpose of these badges will be to identify those employees of the Tow Operator
who have been fingerprinted by the City and have passed the record check by the Department of Justice.
All identification badges are the property of the City and will be returned by the Tow Operator to the City
within forty-eight (48) hours of an employee's separation. Tow Operator will provide a current list of all
staff including drivers, dispatchers, etc. Anytime there are any changes to this list, the City is to be notified
by the next business day and provided with an updated and current list.
13. Tow Ooerator Licensinq and Certification
All licensing and certifications required by Federal, State and local authorities shall be maintained current and
valid at all times as required in CVC sections: 34507.5,34600 et seq, 34620, and 12111, and sections 7231 et
seq, of the California Revenue and Taxation code. Failure to have any required license or certification, including
any driver who fails to have an appropriate class of license, may be grounds for immediate termination by City
without penalty.
14. lnspection
All real property and improvements thereon, and all vehicle facilities, equipment and materials used by the Tow
Operator in the performance of the services required herein shall be open to inspection by the City or its
authorized representative, and will be subject to no less than one annual inspection. Additional inspectiohs may
be conducted without notice during normal business hours. lnspections may include, but are not limited to, all
books, accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose of auditing
or inspecting any aspect of performance directly related to this Agreement. ln the event that the City determines
that the real property and improvements thereon are insufficient, derelict or fail to meet the requirements as
called out in this Agreement, this Agreement may be terminated by City immediately, without penalty.
15. Vehicle and Equipment Requirements
Tow vehicles will be maintained in compliance with sections 24605, 25253,25300, 27700 and 27907 of the
CVC. Tow vehicles will be of at least 14,000 lbs. GVWR with dual rear wheels, with the ability to tow two (2)
vehicles, or a vehicle and/or a trailer. Tow vehicles must have two-way communication capabilities and the
ability to communicate and connect with the DTS System at all times. The Tow Operator shall have equipment
capable of towing from off-road areas, towing from underground facilities, and recovery services with an
adjustable boom with at least five tons of lifting capacity. ln addition to the conventional wheel lift towing
capabilities, the Tow Operator shall maintain at least one or more flatbed or rollback trucks with a minimum of
fifty (50) feet of cable, and the required safety equipment. Unless otherwise specified by the City, all Tow
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Operators shall respond to a tow service request with a flatbed or rollback truck as specified above. At the
discretion of the tow operator, a wrecker may be used to respond to a tow service request lf for any reason the
Tow Operator is unable to complete the tow service request with the wrecker, the Tow Operator will not be
placed back on the top of the rotation list and a new Tow Operator will receive the tow service request.
A 3-axle or 25{on truck is not required equipment. However, Tow Operators that possess this equipment will be
placed on a heavy-duty tow rotation list.
All trucks must have the required emergency lighting, portable stop and tail lamps, a broom, shovel, fìre
extinguisher (rating 4-8, C), a utility light, reflective triangles, a large pry-bar, covered trash cans with approved
absorbent, rags, unlocking equipment, dollies (boom trucks), chains, and/or tie downs.
Wheel lift trucks will maintain at least 100 feet of cable and all safety equipment as required by the
manufacturer.
Tow vehicles must have a cable winch of sufficient size and capacity to retrieve vehicles that have gone off
traveled portions of roadways into inundated areas or other inaccessible locations. Winches must have visible
lD tags designating the model, make, serial number, and rated capacity.
All tow trucks used in City tows will be subject to a yearly inspection. This does not preclude the City from
conducting random inspections throughout the year.
16. Vehicleldentification
Tow vehicles shall display identification signs in compliance with section 27907 of the CVC The Tow Operator
shall not display any sign or advertising material that indicates that his tow vehicles are an official police service
of the City
17. Charqes and Fees to be collected from Reqistered Owners
All rates and charges shall be conspicuously posted in the office and in all tow vehicles These rates shall quote
complete charges and fees with no additional fees to be added at a later date. These rates will be available for
review by City personnel and/or the person for whom tow service is provided All fees collected shall be itemized
and invoiced in DTS in accordance to section 22651.07 of the CVC lt will be the Tow Operator's responsibility
to collect his bill for service, and the City will not be responsible in any way for these charges. Storage fees will
be calculated on the calendar day except the first 24-hours which is counted as a single day in accordance with
California Civil Code (CCC) 3068.1 (see Attachment B). Allfees listed on the DTS invoice will be received in the
form of major credit card, debit card, or cash. All fees collected, both City and Tow Operator fees, must be
invoiced through the DTS system prior to release and at the time of payment. No credit card fees will be
charged pursuant to CVC section 22651.'l and CCC section 17481 for any portion of the fees. The City
reserves the right to change all payment methods during the term of this agreement
18. Lien Fees
At no time shall the City be charged a lien fee on a towed or impounded vehicle. No lien shall be attached to
any vehicle that has been impounded by the City until after seventy-two (72) hours from the time of storage as
listed in the DTS system have passed pursuantto section 22851.12 of the CVC. All lien transactions must be
entered into the DTS system by Tow Operator. Vehicles sold at lien sale shall abide by all laws relating to lien
sales. A vehicle held in impound by the City for thirty (30) days, shall not be sold at lien until such time as is
considered reasonable to allow the registered owner time to pay for and pick up the vehicle before it is sold at
lien, but under no circumstances before the thirty-fifth (35'n) day after storage.
The Tow Operator shall abide by all applicable statutes and ordinances concerning disposal of unclaimed
vehicles, including but not necessarily limited to CVC sections 22670',22851',22851.1',228512',22851.3',
22851 .4', 22851.6; 22851.8', 22851 10, 22851.12 and 22852.5.
As described in CVC section 22856, liability for despoliation of evidence shall not arise against the Tow
Operator that sells any vehicle at, or disposes of any vehicle after, a lien sale, as long as the Tow Operator can
show written proof that he was notified in writing by the City that the vehicle would not be needed as evidence in
a legal action. This proof may exist in the form of an official release in the DTS System or any other written
conveyance signed by a member of the City prior to the official, written release of the vehicle.
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19. Reasonableness and Validitv of Fees
Fees charged to the registered owner or any other person for response to calls originating from the City shall be
reasonable and not in excess of those rates charged for simllar services provided in response to requests
initiated by any other public agency or private person. During the term of this agreement, the City shall conduct
an annual review each December of towing and storage fees of comparable cities and adjust rates set forth in
Attachment B by the first week of January of the following year.
20. Towing Operation
All tows performed under this Agreement will be included in the flat rate charge as described in Attachment B.
No additional charges shall be charged without prior approval from the City and written notice is provided in the
DTS System. Any unapproved charges received outside the DTS System will result in immediate termination of
this Agreement and removal from the rotation list.
The Tow Operator shall base towing charges upon the class of vehicle being towed regardless of the class of
the truck used, except when vehicle recovery operations require a larger class truck The Tow Operator may
refer to the tow truck classes and weight ratings as defined by the Towing & Recovery Association of America
(ïRAA) vehicle identification guide.
21. Service Call Rotation and Fees
The City shall establish a separate rotation list for Tow Operators willing to respond to service requests (out of
gas, lockouts, tire changes, etc.) Rates for a service requests shall not exceed one-half the flat rate charge for a
light duty truck response.
22. Gate Fees
No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding State
recognized holidays as listed below:
New Year's Day
Martin Luther King Day
Presidents'Day
Cesar Chavez Day
MemorialDay
lndependence Day
Labor Day
Veterans'Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
An after hours gate fee may be charged at all other times The gate fee is not to exceed fifty percent (50%) of
the flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal
property recovery that occurs outside normal business hours (excluding lien fees, storage fees, taxes, or other
additional fees ) The Tow Operator is responsible for assuring that proper gate fees are charged in accordance
with this section. Over charging gate fees will be considered a major violation as outlined in Section 30.
All towing and storage fees charged by the Tow Operator are the responsibility of the vehicle's owner and are
not the responsibility of the City. The exception would be evidentiary impounds made at the direction of City
personnel.
23. Gancelled Tow
The City shall not be liable to pay the Tow Operator or anyone else any charge or other fee for a call that does
not result in a chargeable service being rendered by Tow Operator ("Dry Run"). The cancelled Tow Operator
shall be placed back on the top of the rotation list and will receive the next tow in rotation.
24. Towed in Error
ln the event the City determines that an error has occurred in impounding a vehicle, it shall be immediately
released to the registered owner without charge and the Tow Operator will be placed back on the top of the
rotation list and will receive the next tow in rotation. ln addition, the Tow Operator will be given one extra tows
on the rotation list. Additional extra tows may be given at the discretion of the Tow Unit.
25. Release Fees
California law authorizes the recovery of funds required to enforce certain provisions of the CVC and promote
traffic safety on public roadways. This authorization falls under CVC section 22850.5 and further authorized by
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City resolutions. These resolutions are open to public view at the City and/or City offìces and are on file with the
City's Traffic Bureau. The Tow Operator will collect fees on the behalf of the City from the registered owner,
legal owner or agent of an impounded car.
A City administrative / franchise fee will be charged for the release of a vehicle that has been impounded by the
City. Fees will be established by an independent consulting firm to determine the City's costs associated with
impounding vehicles in accordance with CVC sections 22850.5 and 12110(b). All vehicles impounded will be
charged an administrative / franchise fee for the release of the vehicle. This fee will be established and attached
to each vehicle in the DTS System. The City's administrative fees will be collected at the time of the release by
the Tow Operator The Tow Operator will pay the City's franchise fees equivalent to the City's administrative
fees for every vehicle that is not picked up by the owner or agent. The Tow Operator will pay the City's
administrative / franchise fees for every.City vehicle that was towed during the preceding month and will pay the
City no later than 12:00 p.m. on the 15"'of the following month, regardless of the disposition of the vehicle. ln
the event that the 15'n of the month falls on one of the State recognized holidays listed in Section 22above, or a
weekend, the City's administrative/franchise fee must be paid by 12.00 p. m. on the following business day. Tow
Operators who fail to submit the City's administrative / franchise fees to the City by the 15tn day of each month
will be immediately suspended from rotation until all fees are received, and will be subject to appropriate
disciplinary action and civil recourse. The City will keep a strict accounting of these fees through the DTS
System and frequent audits will take place to ensure accurate and timely payment of collected City
administrative / franchise fees. The fee will be listed as an item on the owner's / agent's DTS contractor invoice.
26. UnauthorizedRelease
Unauthorized release of an impounded vehicle, accidental or otheruvise, having evidentiary value, not officially
released by the City, and determined to be the fault of the Tow Operator, will result in the issuance of a major
violation as set forth in this Agreement The determination of such fault will be the responsibility of the City.
27. Release of Multi-Dav lmpounds
A vehicle impounded with a multiple day hold may only be released prior to the impound period with written
authorization by the City in the DTS System. The DTS System will automatically schedule the release of an
impounded vehicle.
28. Release of Vehicles
Vehicles may only be released through the DTS System. Once the DTS System authorizes the release of a
stored or impounded vehicle, it is the Tow Operator's responsibility for the vehicle's release The Tow Operator
is hereby granted authority to release to the registered owner, legal owner, or authorized representative,
pursuant to section 22850.3 of the CVC. At the time of release, the Tow Operator shall have the registered
owner, legal owner, or authorized representatlve taking possession of the vehicle sign a release indicating that
they are properly licensed and insured to drive a motor vehicle.
29. DisciplinarvAction
The Chief of Police, or his/her designee, shall take disciplinary action against Tow Operators for violations
investigated and sustained. Unless otherwise noted, the Chief of Police, or his/her designee, will determine the
period of suspension and shall retain discretion regarding the length of any suspension imposed pursuant to the
terms and conditions of this Agreement The City shall retain record of violations for at least the term of this
Agreement.
30. Maior violations
Major violations include any chargeable offense under Federal, State, Local Law and significant violations of this
Agreement. Such violations shall result in suspension or immediate termination of this Agreement. The Chief of
Police, or his/her designee, reseryes the right to impose longer periods of suspensions or immediate
termination, if deemed appropriate in his/her sole discretion. The Chief of Police, or his/her designee, reseryes
the right to remove a Tow Operator from the tow rotation during the investigation of a major violation. A
reinstatement from suspension for a major violation will result in a five hundred dollar ($500.00) fee. Suspension
will not be lifted until the reinstatement fee is received by the Chief of Police or his/her designee. ln addition, a
major violation may also result in the Tow Operator's employee being removed from participation in this
Agreement. Examples of major violations include, but are not limited to:
. Physical assault, against public and/or law enforcement. Verbal abuse against public and/or law enforcement. Resisting arrest. Tow Truck Driver under the influence of alcohol or illegal drugs
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. Charging rates that exceed those listed in Attachment B
. Vehicle released without authorization
. Unauthorized access to storage yard
. Theft
. Mishandling of vehicles stored as evidence
. Unauthorized driver responding to call
. Failure to provide information or change of status on any Tow Operator employee or staff
. Substantiated private party impound complaints
. Any Felony/Misdemeanor arrest
. Refusalto take a rotational tow
. Failure to utilize the DTS System for all City towing related matters
. Repeated late or nonpayment of City franchise fees
o Failure to properly secure storage yard
. Failure to obey a lawful order by law enforcement
31. Minor violations
Minor violations will be given to the Tow Operator in the form of a documented warning for the first violation The
second violation will be in the form of a documented reprimanded and a one hundred dollar ($100.00) fine.
Repeated minor violations during the term of the Agreement may be treated as a major violation, and the Tow
Operator will be suspended or terminated from this Agreement. A reinstatement from suspension will result in a
five hundred dollar ($500.00) fee. Suspension will not be lifted until the reinstatement fee is received by the
Chief of Police or his/her designee. Examples of minor violations include, but are not limited to:
. Late payment of City franchise fees
. Tow truck drivers not wearing City issued l.D. cards/ proper uniform
. Unauthorized arrival time in excess of thirty (30) minutes, or forty-five (45) minutes during peak hours
. Repeated rejection of dispatched calls
. Other violations of this Agreement not considered a major violation by the Chief of Police or his/her
designee. Unauthorizedride-a-long. Failure to respond to customers' needs
. Failure to maintain proper equipment. Failure to clean up at a collision scene
. Vehicle code infractions
32. Hearinq/Apoeal
Tow Operator must have a legal existing interest in the tow operation or entitlement subject to the City order,
citation, decision or determination to have standing to appeal a decision by the Chief of Police or his/her
designee. An appeal that fails to identify the appellant's standing may be rejected as defective
ln the event FPD serves Tow Operator with disciplinary action amounting to anything less than a suspension
resulting from a minor violation, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow Unit
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension for thirty (30) days or
less resulting from a minor or major violation, the Tow Operator may request a hearing within fifteen (15)
calendar days by submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow
Unit. Upon receipt of a written request for an appeal, and at the discretion of the Chief of Police, or his/her
designee, the Tow Operator may be allowed to continue rotational tows until the final disposition of the appellate
hearing.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension in excess of thirty (30)
days, or termination of the TSA, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Administrative Hearing Officer by way of the City Manager's Office. The
written appeal shall be in compliance with FMC sections 1-407 and 9-1712. Notwithstanding any provision
within Chapter 1, Article 4 of the FMC, any person who appeals a suspension in excess of thirty (30) days, or a
termination of the TSA shall not be entitled to placement on the Tow Rotation List or to participate in tows until
such time as any appeal hearing has been concluded and the Administrative Hearing Officer finds that no
grounds for a suspension in excess of thirty (30) days, or a termination of the TSA has been established. Tow
Operator's remedy shall be limited to reinstatement on the tow rotation list in such case and no other
compensation or consideration will be allowed
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ATTACHMENT B
TOW FEES
Flat price per vehicle per call:
Light Duty ToWFlatbed $ 184.00/Each
Medium Duty Tow $ Average CHP Rates Apply
Heavy Duty Tow $ Average CHP Rates Apply
Water Recovery: $ Average CHP Rates Apply
Technoloqv Fee:
DTS Software Fee per Vehicle Towed $ Charge listed in DTS Contract and DTS System
Storaqe Rates.
Passenger cars $ 45.00/per day
Motorcycles $ 45.00/per day
Trucks or Trailers $ Average CHP Rates Apply
lnside Storaqe Rates:
Passenger cars $ 55.00/per day
Motorcycles $ 55.00/per day
Trucks or Trailers $ Average CHP Rates Apply
Gate Fee: No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding
State recognized holidays as listed in the Agreement.
An after hours gate fee may be charged at all other times. The gate fee shall not exceed fifty percent (50%) of the
flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal property
recovery that occur outside normal business hours (excluding lien fees, storage fees, taxes, or other additional
fees).
Non-tow service calls (out of gas, lockouts, and flat tires) shall not exceed one-half the flat rate charge for a light
duty truck response
City of Fresno Administrative / Franchise Fees:
Vehicle Collision Blocking a Roadway $ 60.00
lllegally Parked / Abandoned Vehicle $116.00
Unlicensed Driver / Expired Registration $189.00
Arrested / Suspended Driver $266.00
DUI Driver $450.00
All fees listed on the DTS invoice will be received in the form of major credit card, debit card or cash. IVo
credit card fee will be charged pursuant to CVC section 22651.1 and CCC section 1748.1.
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CITY OF FRESNO
NON-EXCLUSIVE FRANCHISE TOW AGREEMENT
FOR FRESNO POLICE DEPARTMENT
This Non-exclusive Franchise Tow Agreement (TSA) is entered into effect on the 28th day of December 2014 set
forth below, at Fresno, California, between the City of Fresno, a municipal corporation (City) and Tips
Automotive, a sole proprietorship (the Tow Operator).
ïhis Agreement, including all attachments, contains rules and regulations that a tow company agrees to comply
with in order to participate in the tow operations of the City of Fresno Police Department (FPD). Participation in
the FPD Rotation Tow Program (Tow Program) is voluntary. Compliance with all of the terms and conditions of
the Agreement is mandatory for tow companies participating in the Tow Program. A Tow Operator, by agreeing
to participate in the Tow Program, is not acting as an agent for FPD or City when performing services under this
Agreement.
1. Governing Law and Venue
This Agreement shall be governed by, and construed enforced in accordance with, the laws of the State of
California excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue
for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any
rights and duties hereunder shall be the County of Fresno, California.
2. Entire Asreement
This Agreement, its attachments and exhibits, when accepted by the Tow Operator either in writing or
commencement of performance hereunder, contains the entire Agreement between the parties with respect to
the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth
herein. No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by
City in writing.
3. Amendments
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the
parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties;
and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in
writing.
4. Assiqnment or Sub Contractinq
The terms, covenants, and conditions contained herein shall apply to the parties. Furthermore, neither the
performance of this Agreement nor any portion thereof may be assigned or subcontracted by Tow Operator
without the express written consent of City. Any attempt by Tow Operator to assign or subcontract the
performance or any portion of this Agreement without the express written consent of City shall be invalid and
shall constitute a breach of this Agreement.
5. PatenUCopvriqht Materials/Proprietarv lnfrinqement
Unless otherwise expressly provided in this Agreement, Tow Operator shall be solely responsible for obtaining a
license or other authorization to use any patented or copyrighted materials in the performance of this
Agreement. Tow Operator warrants that any Software as modified through services provided hereunder will not
infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Tow Operator
agrees that, in accordance with the more specific requirement below, it shall indemnify, defend and hold City
and City lndemnitees harmless from any and all such claims and be responsible for payment of all costs,
damages, penalties and expenses related to or arising from such claim(s), including, but not limited to,
attorney's fees, costs and expenses.
6. Non-Discrimination
ln the performance of this Agreement, Tow Operator agrees that it will comply with the requirements of section
1735 of the California Labor Code and not engage nor permit any Tow Operators to engage in discrimination in
employment of persons because of the race, religious creed, color, national origin, ancestry, physical disabifity,
mental disability, medical condition, marital status, or sex of such persons. Tow Operator acknowledges that a
violation of this provision shall subject Tow Operator to all the penalties imposed for a violation of anti-
discrimination law or regulation, including but not limited to, section 1720 etseq. of the California Labor Code.
-1
7. Termination
ln addition to any other remedies or rights it may have by law, City has the right to terminate this Agreement
without penalty immediately with cause and either party may terminate after thirty (30) days written notice
without cause, unless otherwise specifled. Cause shall be defined as any breach of this Agreement or any
misrepresentation or fraud on the part of the Tow Operator. Exercise by City of its right to terminate the
Agreement shall relieve City of all further obligation.
8. Consent to Breach Not Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or
consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any
party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver
of, or excuse for any other different or subsequent breach.
9. Remedies Not Exclusive
The remedies for breach set forth in this Agreement are cumulative as to one another and as to any other
provided by law, rather than exclusive; and the expression of certain remedies in this Agreement does not
preclude resort by either party to any other remedies provided by law.
10. lndependent Tow Operator
Tow Operator shall be considered an independent Tow Operator and neither Tow Operator, its employees nor
anyone working under Tow Operator shall be considered an agent or an employee of City. Neither Tow
Operator, its employees nor anyone working under Tow Operator, shall qualify for workers' compensation or
other fringe benefits of any kind through City.
11. Performance
Tow Operator shall perform all work under this Agreement, taking necessary steps and precautions to perform
the work to City's satisfaction. Tow Operator shall be responsible for the professional quality, technical
assurance, timely completion, and coordination of all documentation and other goods/servíces furnished by Tow
Operator under this Agreement. Tow Operator shall. perform all work diligently, carefully, and in a good and
workman-like manner; furnish all labor, supervision, machinery, equipment, materials, and supplies necessary
therefore, at its sole expense obtain and maintain all permits and licenses required by public authorities,
including those of City required in its governmental capacity, in connection with performance of the work; and, if
permitted to subcontract, be fully responsible for allwork performed by sub-Tow Operators
12. lndemnification
A) Tow Operator shall indemnify, hold harmless and defend City and each of its officers, officials,
employees, agents and authorized volunteers from any and all loss, liability fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to
personal injury, death at any time and property damage) incurred by City, Tow Operator, or any
other person, and from any and all claims, demands and actions in law or equity (including
attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of
performance of this Agreement. Tow Operator's obligations under the preceding sentence shall
apply regardless of whether City or any of its officers, officials, employees, agents or authorized
volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or
damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any
of its officers, officials, employees, agents or authorized volunteers.
B) lf Tow Operator should subcontract all or any portion of the work to be performed under this
Agreement, Tow Operator shall require each subcontractor to indemnify, hold harmless and defend
City and each of its officers, officials, employees, agents and authorized volunteers in accordance
with the terms of the preceding paragraph.
C) This section shall survive termination or expiration of this Agreement.
13. Insurance
A) Throughout the life of this Agreement, Tow Operator shall pay for and maintain in full force and
effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted
by the California lnsurance Commissioner to do business in the State of California and rated not
less than 'A-Vll" in Best's lnsurance Rating Guide, or (ii) authorized by City's Risk Manager. The
following policies of insurance are required:
2
5)
B)
1) COMMERCIAL GENERAL LIABILITY insurance which shall be on the most current version of
lnsurance Services Office (lSO) Commercial General Liability Coverage Form CG 00 01 and
include insurance for "bodily injury," "property damage" and "personal and advertising injury"
with coverage for premises and operations, products and completed operations, and
contractual liability (including, without limitation, indemnity obligations under the Agreement)
with limits of liability of not less than $1,000,000 per occurrence for bodily injury and property
damage, $1,000,000 per occurrence for personal and advertising injury and $2,000,000
aggregate for products and completed operations and $2,000,000 general aggregate.
2) GARAGEKEEPERS LEGAL LIABILITY insurance which shall include coverage for vehicles in
the care, custody, and control of the Tow Operator with limits of liability of not less than
$120,000 per occurrence for property damage.
3) COMMERCIAL AUTOMOBILE LlABlLlry insurance which shall be on the most current
version of lnsurance Service Offìce (lSO) Business Auto Coverage Form CA 00 01, and
include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles
(Code 1- Any Auto) with limits of not less than $1,000,000 per accident for bodily injury and
property damage.
4) ON-HOOI(CARGO insurance which shall include coverage for vehicles in tow with limits of
liability based on the size of the tow truck, which are as follows:
a) Class A/B tow truck. $120,000b) Class C tow truck.. ...$200,000c) Class D tow truck... ...$300,000
WORKERS' COMPENSATION insurance as required under the California Labor Code and
EMPLOYERS' LIABILITY insurance with minimum limits of $1,000,000 each accident, $1,000,000
disease policy limit and $1,000,000 disease each employee.
Tow Operator shall be responsible for payment of any deductibles contained in any insurance
policies required hereunder and Tow Operator shall also be responsible for payment of any self-
insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate
of lnsurance and approved by the City's Risk Manager or his/her designee. At the option of the
City's Risk Manager, or his/her designee, either:
1) The insurer shall reduce or eliminate such deductibles or self-insured retention as
respects City, its officers, officials, employees, agents and volunteers; or
2) Tow Operation shall provide a financial guarantee, satisfactory to City's Risk Manager, or
his/her designee, guaranteeing payment of losses and related investigations, claim
administration and defense expenses. At no time shall City be responsible for the payment of
any deductibles or self-insured retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30)
calendar days written notice in favor of City of policy cancellation, change or reduction of coverage,
except for the Workers'Compensation policy which shall provide ten (10) calendar days written
notice of such cancellation, change or reduction of coverage. ln the event any policies are due to
expire during the term of this Agreement, Tow Operator shall provide a new certificate and all
applicable endorsements evidencing renewal of such policy prior to the expiration date of the
expiring policy(ies) to the Chief of Police, or his/her designee, and the City's Risk Division. Upon
issuance by the insurer, broker, or agent of a notice of cancellation, change or reduction in
coverage, Tow Operator shall file with the Chief of Police, or his/her designee, and the City's Risk
Division, a new certificate and all applicable endorsements for such policy(ies).
The General Liability, Automobile Liability and Garagekeepers Legal Liability insurance policies
shall be written on an occurrence form and shall name City, its officers, offìcials, agents, employees
and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Tow
Operator's insurance shall be primary with respect to the City, its officers, officials, employees,
agents and authorízed volunteers with no contribution required of City. Any Workers' Compensation
insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents,
c)
D)
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employees and authorized volunteers. Tow Operator shall have furnished City with the certificate(s)
and applicable endorsements for ALL required insurance prior to City's execution of the Agreement.
E) The fact that insurance is obtained by Tow Operator shall not be deemed to release or diminish the
Iiability of Tow Operator, including, without limitation, liability under the indemnity provisions of this
Agreement. City shall apply to all claims and liability regardless of whether any insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by Tow Operator. Approval or purchase of any insurance contracts or policies shall in no
way relieve from liability nor limit the liability of Tow Operator, its principals, officers, agents,
employees, persons under the supervision of Tow Operator, vendors, suppliers, invitees,
consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of
them.
F) Upon request of City, Tow Operator shall immediately furnish City with a complete copy of any
insurance policy required under this Agreement, including all endorsements, with said copy certified
by the underwriter to be a true and correct copy of the original policy. This requirement shall survive
expiration or termination of this Agreement.
G) lf at any time during the life of the Agreement or any extension, Tow Operator fails to maintain the
required insurance in full force and effect, all work under this Agreement shall be discontinued
immediately until notice is received by City that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory to City.
Any failure to maintain the required insurance shall be sufficient cause for City to terminate this
Agreement.
H) lf Tow Operator should subcontract all or any portion of the work to be performed, Tow Operator
shall require each subcontractor to provide insurance protection in favor of the City, its officer,
officials, employees, agents and authorized volunteers in accordance with the terms of each of the
preceding paragraphs, except that the subcontractors certificates and endorsements shall be on file
with the Tow Operator and City prior to the commencement of any work by the subcontractor.
14. Bills and Liens
Tow Operator shall pay promptly all indebtedness for labor, materials, and equipment used in performance of
the work. Tow Operator shall not permit any lien or charge to attach to the work or the premises, but if any does
so attach, Tow Operator shall promptly procure its release and indemnify, defend, and hold City harmless and
be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related
thereto.
15. Chanqe of Control
Tow Operator agrees that if there is a change or transfer in ownership or control of the Tow Operator's business
prior to completion of this Agreement, unless such change or transfer is to "immediate family" as defined in
Fresno Municipal Code (FMC) section 3-101(e) and approved in writing by the Chief of Police, or his/her
designee, such change or transfer shall terminate this Agreement. This includes but is not limited to changes in:
Corporate Board Members, Managers, Directors, Treasurer, Trustees, or ownership Interests. All changes or
transfers to "immediate family" must be approved by the Chief of Police, or his/her designee, prior to such
change or transfer in order for the Tow Operator to remain on the tow services list. Final written approval or
disapproval for the change or transfer in ownership or control will be given by the Chief of Police or his/her
designee. All "immediate family" members involved in the potential transfer and operation of the Tow Operator
shall be required to undergo a background check, review, and "Livescan" fingerprint screening. The "immediate
family" members involved in the change or transfer of ownership or control must also possess and keep current
all licensing certificates and insurance as required in this Agreement. The "immediate family" members who will
operate or othen¡vise be legally responsible for the Tow Operator will be required to execute a new TSA
A) Tow Operator owners shall be directly involved in the day{o-day operat¡ons of their
business and shall not be directly involved in the towing-related business of any other tow
company on, or applicant for, the Tow Rotation List. Co-mingling of operations, business,
offices, board members, and finances is strictly prohibited.
B) lf terminated or suspended, Tow Operator and/or its owner at the time of the suspension or
termination, shall not be eligible for a rotation listing for the duration of the suspension or
termination. This section applies to the Tow Operator working in any capacity within any tow
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business or operating any tow business and to the tow business even if operated under new
ownership
C) Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow
Rotation List, excluding equipment which may be unavailable due to repairs or when there is a need
for equipment replacement and written approval is obtained from the Chief of Police or his/her
designee.
16. Force Maieure
Tow Operator shall not be in breach of this Agreement caused by any act of God, war, civil disorder,
employment strike or other cause beyond its reasonable control, provided Tow Operator gives written notice of
the cause of the delay to City within thirty-six (36) hours of the start of the delay and Tow Operator avails itself of
any available remedies
17. Confidentialitv
Tow Operator agrees to maintain the confidentiality of all City and City-related records and information pursuant
to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term
of this Agreement. All such records and information shall be considered confidential and kept confidential by
Tow Operator and Tow Operator's staff, agents and employees.
18. Compliance with Laws
Tow Operator represents and warrants that services to be provided under this Agreement shall fully comply, at
Tow Operator's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and
regulations, including, but not limited to those issued by City in its governmental capacity and all other laws
applicable to the services at the time services are provided to and accepted by City. Tow Operator
acknowledges that City is relying on Tow Operator to ensure such compliance (collectively Laws). Tow Operator
agrees that it shall defend, indemnify and hold City and City lndemnitees harmless from all liability, damages,
costs, and expenses arising from or related to a violation of Laws.
19. Pricinq
The Agreement price shall include full compensation for providing all required services in accordance with the
Scope of Work attached to this Agreement, and no additional compensation will be allowed therefore, unless
otheruvise provided for in this Agreement. Tow Operator shall pay the City Franchise Fees as listed in
Attachment "B", or "City Administrative / Franchise Fees", in accordance with Paragraph 25 of Attachment "4".
20. Terms and Conditions
Tow Operator acknowledges that the undersigned has read and agrees to all terms and conditions included in
this Agreement.
21. Severabilitv
lf any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired or invalidated thereby.
22. Calendar Davs
Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless
otherwise expressly provided.
23. Attornev Fees
lf either party is required to commence any proceeding or legal action to enforce any term, covenant or condition
of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other
party its reasonable Attorney's fees and legal expenses.
24. lnterpretation
This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in
the matters dealt with in this Agreement. ln addition, each party has been represented by experienced and
knowledgeable independent legalcounsel of their own choosing or has knowingly declined to seek such counsel
despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have
not been influenced to any extent whatsoever in executing this Agreement by any other party hereto or by any
person representing them, or both. Accordingly, any rule or law (including California Civil Code section 1654) or
legal decision that would require interpretation of any ambiguities in this Agreement against the party that has
5
drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable
manner to affect the purpose of the parties and this Agreement.
25. Authoritv
The parties to this Agreement represent and warrant that this Agreement has been duly authorized and
executed and constitute the legally binding obligation of their respective organization or entity, enforceable in
accordance with its terms.
26. Emplovee EliqibilitvVerification
Tow Operator warrants that it fully complies with all Federal and State statutes and regulations regarding the
employment of aliens and others and that all its employees performing work under this Agreement meet the
citizenship or alien status requirement set forth in Federal statutes and regulations. Tow Operator shall obtain,
from all employees performing work hereunder, all verification and other documentation of employment eligibility
status required by Federal or State statutes and regulations including, but not limited to, the lmmigration Rèform
and ControlAct of 1986, 8 U.S.C. $1324 et seq., as they currently exist and as they may be hereafter amended
Tow Operator shall retain all such documentation for all covered employees for the period prescribed by the law.
Tow Operator shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its
agents, officers, and employees from employer sanctions and any other liability which may be assessed against
Tow Operator or City or both in connection with any alleged violation of any Federal or State statutes or
regulations pertaining to the eligibility for employment of any persons performing work under this Agreement.
27. Additional Terms and Conditions
A) Term of Agreement: This Agreement shall commence on December 28, 2014, and shall be
effective for three (3) years from that date, unless otherwise terminated by City.
B) Fiscal Appropriations: This Agreement is subject to and contingent upon applicable budgetary
appropriations being made by the City for each year during the term of this Agreement. lf such
appropriations are not forthcoming, the Agreement will be terminated without penalty Tow
Operator acknowledges that funding or portions of funding for this Agreement may also be
contingent upon the receipt of funds from, and/or appropriation of funds by City. lf such funding
and/or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate
or modify this Agreement without penalty.
C) Gonflict of lnterest (Tow Operator): Tow Operator shall exercise reasonable care and diligence to
prevent any actions or conditions that result in a conflict with the best interest of City. This
obligation shall apply to Tow Operator, Tow Operator's employees, agents, relatives, and third
parties associated with accomplishing the work hereunder. Tow Operator's efforts shall include, butnot be limited to, establishing precautions to prevent its employees or agents from making,
receiving, providing, or offering gifts, entertainment, payments, loans, or other considerations which
could be deemed to appear to influence individuals to act contrary to the best interest of City.
D) Tow Operator Work Hours and Safety Standards. Tow Operator shall ensure compliance with all
safety and hourly requirements for employees, in accordance with federal, state, and City safety
and health regulations and laws.
E) Orderly Termination: Upon termination or other expiration of this Agreement, each party shall
promptly return to the other party all papers, materials, and other properties of the other held by
each for purposes of execution of the Agreement. ln addition, each party will assist the other party
in orderly termination of this Agreement and the transfer of all aspects, tangible and intangible, as
may be necessary for the orderly, non-disruptive business continuation of each party.
F) Reprocurement Costs: ln the case of default by Tow Operator, City may procure the service from
other sources and, if the cost is higher, Tow Operator will be held responsible to pay City the
difference between the Agreement cost and the price paid. City may make reasonable efforts to
obtain the prevailing market price at the time such services are rendered. This is in addition to any
other remedies available under law.
G) Authorization Warranty: Tow Operator represents and warrants that the person executing this
Agreement on behalf of and for Tow Operator is an authorized agent who has actual authority to
bind Tow Operator to each and every term, condition, and obligation of this Agreement and thai all
requirements of Tow Operator have been fulfilled to provide such actual authority.
b
28.
H) Notices: Any and all notices permitted or required to be given hereunder shall be deemed duly
given (1) upon actualdelivery, if delivery is by hand; or (2) upon delivery by the United States mail if
delivery is by postage paid registered or certified return receipt requested mail; or (3) through
electronic means such as, email or the Dispatch & Tracking Solutions Software System (DTS).
l) Data - Title to: All materials, documents, data or information obtained from City data files or any
City medium furnished to Tow Operator in the performance of this Agreement will at all times remain
the property of City. Such data or information may not be used or copied for direct or indirect use
by Tow Operator after completion or termination of this Agreement without the express written
consent of City. All materials, documents, data or information, including copies, must be returned to
City at the end of this Agreement.
J) Usage: No guarantee is given by City to Tow Operator regarding usage of this Agreement. Usage
figures, if provided, are approximate, based upon the last usage. Tow Operator agrees to supply
services and/or commodities requested, as needed by City, at prices listed in the Agreement,
regardless of quantity requested.
K) Tow Operator's Records: Tow Operator shall keep true and accurate accounts, records, books
and data which shall correctly reflect the business transacted by Tow Operator in accordance with
generally accepted accounting principles. These records shall be stored at the Tow Operators
principal place of business for a period of three (3) years after final payment is received by City.
L) Audits/lnspections: Tow Operator agrees to permit City's authorized representative (including
auditors from a private auditing firm hired by City) access during normal working hours to all books,
accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose
of auditing or inspecting any aspect of performance under this Agreement. The inspection and/or
audit will be confined to those matters connected with the performance of the Agreement including,
but not limited to, the costs of administering the Agreement. City reserves the right to audit and
verify Tow Operator's records before or after final payment is made.
Tow Operator agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of records retention is stipulated under this Agreement or
by law. Tow Operator agrees to allow interviews of any employees or others who might reasonably
have information related to such records. Further, Tow Operator agrees to include a similar right to
City to audit records and interview staff of any sub-Tow Operator related to performance of this
Agreement
M) Should Tow Operator cease to exist as a legal entity, Tow Operator's records pertaining to this
Agreement shall be fon¡varded to the Chief of Police or his/her designee
Disputes-Aqreement
A) The Parties shall déal in good faith and attempt to resolve potential disputes informally
1) Tow Operator shall submit to the Chief of Police, or his/her designee, a written demand for a
final decision regarding the disposition of any dispute between the parties arising under,
related to, or involving this Agreement, unless City, on its own initiative, has already rendered
such a final decision.
2) Tow Operator's written demand shall be fully supported by factual information, and, if such
demand involves a cost adjustment to the Agreement, Tow Operator shall include with the
demand a written statement signed by a senior official índicating that the demand is made in
good faith, that the supporting data are accurate and complete, and that the amount
requested accurately reflects the Agreement adjustment for which Tow Operator believes City
is liable.
B) Pending the final resolution of any dispute arising under, related to, or involving this Agreement,
Tow Operator agrees to diligently proceed with the performance of this Agreement. Tow Operator's
failure to diligently proceed shall be considered a material breach of this Agreement.
C) Any final decision of City shall be expressly identifÌed as such, shall be in writing, and shall be
signed by the City Hearing Administrative Officer, or Chief of Police, or his/her designee, as
applicable. lf City fails to render a decision within ninety (90) days after receipt of Tow Operator's
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demand, it shall be deemed a flnal decision adverse to Tow Operator's contentions. City's finaldecision shall be conclusive and binding regarding the dispute unless Tow Operato, com.ences
action in a court of competent jurisdiction.
29. Breach of Aqreement
The failure of the Tow Operator to comply with any of the provrstons, covenants or conditions of this Agreement
shall be a material breach of this Agreement. ln such event the City may, and in addition to any other iemedies
available at law, in equity, or otherwise specified in this Agreement, undertake any of the individual actions orany combination of the following actions:
1) Afford the Tow Operator written notice of the breach and ten calendar days or such
shorter time that may be specified in this Agreement within which to cure the
breach;
2) Suspend and/or remove Tow Operator from the rotation;
3) Terminate the Agreement immediately, without any penalty.
TOW OPERATOR*:
Bv.Title:
The Parties hereto have executed this Agreement
Print Name:Date:
*lf a corporation or limited liability company, the document must be signed by two corporate officers. The first signaturemust be either the Chairman of the Board, President, or any Vice President. The second signature must be thesecretary, an assístant secretary, the Chief Financial Officer, or any assistant treasurers. In the ãlternative, a singlesignature is acceptable when accompanied by a corporate document demonstrating the legal authority of thesignature to bind the company.
Date:
ATTEST:
WONNE SPENCE, CMC
City Clerk
By:: Date:zz/t y
CITY OF FRESNO,
APPROVED AS TO FORM
DOUGLAS T. SL
8
ATTACHMENT A
SCOPE OF WORK
1. Scope of Work
Tow Operator shall perform the towing, and storage of vehicles as directed by the City, and in addition, such
other services as provided in this Scope of Work, and shall provide necessary storage facility, tow vehicles,
labor, materials, equipment, machinery, and tools. The Tow Operator shall comply with all State laws and
regulations, applicable to tow units and impound, towing, storage, selling or junking of vehicles. Tow operators
must follow all guidelines set forth by equipment manufactures recommendations as to their use and care of all
towing related equipment All permits and licensing fees as specified under California Vehicle Code (CVC)
sections 34620 through 34624 shall be in fullforce and effect at alltimes during this Agreement. Any violation of
this section will be considered a material breach of the Agreement and may result in immediate termination of
this Agreement.
2. Towinq Services and Duties
f t shall be the duty of the Tow Operator, when so directed by the City, to provide prompt tow service for vehicles
which are taken into custody by the City This includes vehicles involved in collisions or disabled by any other
cause, abandoned in public places or on private property. Vehicles impounded for evidence, impeding the flow
of traffic, or which for any other reason, are within the jurisdiction of the FPD. As required by law, Tow
Operators are to remove from the street all debris resulting from said collisions and to clean the immediate area
of such street (CVC section 27700(a)(1)). lt shall also be the duty to provide for the safety and security of those
vehicles and the contents thereof. These duties are inherent to the job and are to be included in the price of the
basic tow bill.
The tow truck operator shall provide a business card to the registered owner or driver for the vehicle being
towed. The business card shall contain the name, address and phone number of the tow company as well as
the link to the vehicle search system in DTS as follows: www findmytow com
Tow truck operators and/or drivers will not be permitted to drive an impounded or recovered stolen vehicle or
vehicle intended for storage from a FPD rotation call or special operation. Any exceptions must be at the
direction of the FPD officer in charge of the scene and should be limited to repositioning the vehicle to allow for
towing.
The City has designated two (2) tow companies for evidence impound tows and no other rotation tow company
shall maintain custody over these vehicles at any time lf an officer impounds a vehicle for evidence and a non-
preference rotational tow is dispatched, it is the responsibility of the tow driver to verify with the officer on scene
as to whether a vehicle is to be held for evidence. lf it is determined that the vehicle is to be held for evidence,
the tow driver must immediately notify the officer on scene that the company is not authorized to handle
evidence impounds and an evidence tow company shall be dispatched. Tow Operator shall then contact the
Tow Unit on the same business day, or within the next business day if such tow occurs after regular business
hours. Acceptance of an evidence tow by a non-designated evidence tow company will result in disciplinary
action and full financial responsibility for all tow and storage fees for each violation.
lf terminated or suspended, Tow Operator and/or owner at the time of the suspension or termination, shall not
be eligible for a rotation listing for the duration of the suspension or termination. This provision applies to the
Tow Operator working in any capacity within any tow business or operating any tow business and to the tow
business even if operated under new ownership.
Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow Rotation List,
excluding equipment which may be unavailable due to repairs or when there is a need for equipment
replacement and written notice has been obtained from FPD.
3. Special Operations
FPD conducts special operations coordinated through the Traffic Bureau throughout the year that requires tow
companies at the location of the special operation. Tow companies on the Tow Rotation List that are in good
standing with FPD may be invited to participate in these operations, provided they are willing to remain with the
special operation until its conclusion and forfeit any rotational tow calls (FPD, California Highway Patrol, or
other) received during the duration of the operation. "Good standing" shall mean that Tow Operator has not
violated, or is not in violation of the terms of this Agreement, the provisions of the FMC, State, or Federal law.
All special operations tows will be subject to the provisions of this Agreement. Tow Operator shall respond to a
I
spec¡al operation with a flatbed tow truck with the capability of towing (2) vehicles. No ride alongs will be allowed
on any special operations unless the ride along is the Tow Owner or a Tow Driver who is in training and has
been approved by FPD.
4. Siqnaqe and hours of Operation
The storage yard or business office shall have a sign that clearly identifies it to the public as a towing service.
The sign shall have letters that are clearly visible to the public from the street and must be visible at night. All
storage facilities must be accessible to City personnel twenty-four (24) hours per day and seven (7) dãys per
week. The Tow Operator will provide customer service twenty-four (24) hours per day and seven (7) days per
week for the release of vehicles.
Tow Operator shall provide at least one person at a call station to respond and release vehicles within thirty (30)
minutes. Tow Operator shall maintain all signage required pursuant to CVC sections 22850.3 and22651.07
and include an after-hours contact phone number for Tow Operator.
5. Response Time
Tow Operator shall respond to calls twenty-four (24) hours a day, seven (7) days a week, within the maximum
response time limits as established by the Chief of Police or his/her designee. A reasonable response time is
thirty (30) minutes or less, except during peak hours of 7:00 a m. to 9:00 a.m. and 4:00 p.m. to 6:00 p m.,
(Monday through Friday), when the required response time will be extended to forty-five (45) minutes or less.
Tow Operator shall respond with a tow truck of the class required to tow the vehicle specified by the DTS
System.
6. Non-Response
The Tow Operator shall update the DTS System at the time of dispatch to a tow rotation request. lf the Tow
Operator is either unable to respond or unable to meet the maximum response time, the tow operator shall
immediately update the DTS System accordingly. ff, after accepting the call, the Tow Operator is unabte to
respond or will be delayed in responding, the Tow Operator shall immediately update the DTS system
accordingly.
To decline or refuse to respond will be considered a non-response. Each non-response will be immediately
documented in the DTS System. Each non-response will be logged by the DTS System and reviewed by the
City. lf the fault for the non-response is attributed to other than the Tow Operator, the Tow Operator will be
placed back in the rotational list and called at the next opportunity in line.
One such breach, determined to be the fault of the Tow Operator, will be grounds for written reprimand which
may be subsequent to a meeting between the Tow Operator and the City. A second breach may be grounds for
a (30) thirty-day suspension of this Agreement. A third violation will be considered a material breach of the
Agreement and may result in immediate termínation of this Agreement.
ln the case of suspension or termination, all vehicles then in storage at the time of the suspension or termination
remain protected under this Agreement as City's impounds and the Tow Operator is so bound The City will
have the option to remove and/or transfer stored vehicles.
When a Tow Operator will be temporarily unavailable to provide services due to preplanned/scheduled activity,
such as a vacation, maintenance, medical leave, etc., the Tow Operator will notify City in writing via the DTS
system at least forty-eight (48) hours in advance. City reserves the right to deny these requests to maintain
adequate service levels for tow operations. Failure to notify the City will be considered a non-response and a
material breach of this agreement
7. StoraqeResponsibilities
It shall be the duty of the Tow Operator to provide impound and other storage service for all vehicles as directed
by the City. The Tow Operator shall be responsible for all vehicles, accessories and equipment thereon and all
personal property therein stored by Tow Operator. lt shall be the Tow Operators' duty to protect such stored
vehicles, accessories, equipment, and property against all loss or damage by fire, theft or other causes. The
Tow Operator will have available for review by City personnel, all permits and proof of compliance to all local
zoning, special use, conditional use and special requirements, laws and regulation lt is the responsibility of the
Tow Operator to ensure vehicles are stored in a secured facility.
8. Size and Location of Storaqe Facilitv
The tow yard shall be located within the City of Fresno's "Metropolitan Area." Metropolitan area is defined as
within the borders of Copper Avenue to the north, American Avenue to the south, DeWolf Avenue to the east,
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and Chateau Fresno to the west. Tow Operator shall be responsible for the security of vehicles and property at
the place of storage. At a minimum, a six (6) foot fence or enclosed secured area is required for outside
storage. A minimum of 5,000 square feet, or room for twenty (20) vehicles, shall be provided. All tow yards
located with the City of Fresno shall be in compliance with the FMC, current Directors Class #208 and shall
follow the current Development and Resource Management Department's Policy and Procedure C-002 lf the
tow facility is located outside the City of Fresno, the tow operator is required to provide written proof that the
yard is in compliance with the authorizing jurisdiction. Tow Operator is responsible for the reasonable care,
custody, and control of any property contained in towed or stored vehicles. The storage facility and business
office will be located at the primary storage yard and shall be maintained in a functional, clean and orderly
fashion. The facility shall have a telephone, on-site fax machine and the necessary computer equipment to
properly run DTS software and to send and receive email.
ln the event of criminal activity at a storage facility, the City may require the Tow Operator to take measures to
assist in preventing such crimes. These measures could include, but are not limited to: the yard being
illuminated during darkness, with security type lighting, to such a degree that visual observation of the entire
yard may be accomplished at alltimes, improved fencing and/or security patrols.
All vehicles stored or impounded as a result of a tow ordered by the City shall be towed directly to a towing
service storage lot unless the City, or in the case of a citizen's assist, a person legally in charge of the vehicle,
requests that it be taken to some other location.
All vehicles towed as a result of action taken by the City will be stored at the Tow Operator's principal place of
business unless directed otheruvise by the City's Tow Coordinator. Vehicles stored at an auxiliary storage facility
will be considered a breach of this Agreement. The Tow Operator shall not remove personal property from a
stored vehicle. lf the registered owner removes personal property from a stored vehicle, the Tow Operator will
maintain documentation of such and will require a signed receipt from the registered owner for property
released. The Tow Operator shall immediately notify the City if any contraband, weapons or hazardous
materials are found in the vehicle(s).
9. Enclosed Facilitv
The Tow Operator may maintain, without charge to the City or any other person, separate and enclosed garage
facilities no less than 1,000 square feet of clean working space. The facility must be constructed to include a
roof and at least four walls of substantial design to withstand the elements and protect the vehicles from the
weather. The facility should have a concrete floor and sufficient lighting. This inside facility must be located at
the Ïow Operator's primary storage yard. This inside facility is not required to qualify for the City's rotation,
however, when inside storage is requested for a particular vehicle, the next Tow Operator in line meeting the
needs of the City's request will be used.
10. DTS Requirements
Tow Operator shall utilize the most recent, updated and upgraded DTS software program, to dispatch and track,
via a web-based lnternet connection. Tow Operators will be required to enter the towed vehicle information as
instructed by the City At no time will a vehicle be released, subject to lien, or junked from impound without all
required data fields being entered into the DTS system by the Tow Operator. The Tow Operator shall clearly
identify and enter into DTS the name of the person to whom the vehicle was actually released. All City tow
requests shall be made utilizing this program. Failure at any time to have the DTS program in full operation shall
cause the immediate removal of the Tow Operator from the tow rotation and be grounds for immediate
termination by City. Tow Operator must enter into a separate agreement, or license for the DTS software
program with the owner of that proprietary software. The City shall not provide the DTS software program, any
licensing or sub-licensing thereof or any intermediary services for the procurement by Tow Operator of the DTS
software program. This Agreement shall not be executed by the City until Tow Operator has demonstrated to
the City's satisfaction compliance with the requirements set forth herein. Tow Operator shall be liable for all
fees, charges, prices, rates and service charges required from DTS. DTS shall be utilized in "real time" and all
entries should reflect as such. lnvoices shall be used from DTS when releasing vehicles and be pursuant to
section 22651.07 of the CVC. The only Tow Operator personnel authorized to utilize and access DTS are those
that have fully complied with the provisions set forth in Section 12, "Tow Operator Personnel" of this Agreement.
lf the Tow Operator is not in FULL compliance with the above stated requirement, the Tow Operator will be
removed from the City towing rotation. ln the event that DTS fails to provide software services, or the City elects
to utilize a new software provider, the Tow Operator will be required to use the replacement towing software
system. ff that occurs, all references to DTS in this Agreement shall instead be interpreted as references to the
new software program.
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11. OfficialNotification bv Citv Reqardinq Tow
Official notiflcation by City regarding tow services is considered any form of written, email, verbal instructions or
notifications received from an authorized City employee or electronic notice from the DTS program. lf the Tow
Operator receives verbal instructions or notifications from a City employee the Tow Operator must respond to
City, by 5.00 p m. (PST) on the next business day.
12. Tow Operator Personnel
A.) Conduct
The Tow Operator shall perform the services required of it in an ethical, orderly manner, endeavoring to
obtain and keep the confidence of the public. At no time will the Tow Operator or its agent or any
employee of the Tow Operator exhibit any of the following behavior: rudeness, or otherwise being
uncooperative, argumentative, threatening, incompetent or acting in a dangerous manner with any City
employee, or with any member of the public. The City reserves the right to cancel an individual tow
assignment, if in the opinion of the City, the Tow Operator is acting in a rude, uncooperative,
argumentative, threatening, incompetent or dangerous manner. The City also reserves the right to cancel
an individual tow assignment if in the opinion of the City the Tow Operator is likely to damage the vehicle
for which the tow service was called. Other examples of unacceptable behavior include but are not limitedto: profanity, abusive language, disconnecting telephone calls for public inquiries regarding a tow,
threatening, aggressive, or assertive language, failure to provide timely information or documents in
response to a public or City inquiry, lack of respect to any City personnel or member of the public,
destruction or damaging of evidence, failure to comply with the reasonable request of a member of the
public, failure to release vehicle in a timely manner, failure to make appointment for release of vehicle
during evening or weekend hours, failure to promptly be on site at time of appointment for release of
vehicle during evening or weekend hours, impeding an investigation or any other conduct which the City
deems unprofessional.
lf the Tow Operator is found to be in violation of this conduct clause, the City will cancel the Tow Operator
and request the next Tow Operator in rotation Any such behavior as set forth above shall be considered
a material breach of this Agreement and may be grounds for immediate suspension or immediate
termination by the City, without penalty.
B.) PersonnelAppearance
Tow Operators shall be required to furnish their employees with a distinctive company uniform. Each
uniform shall have the firm's name, as well as the employee's name, in a conspicuous place. The tow
company's name and driver's first name shall be clearly visible at all times, meaning that protective or
inclement weather outer garments must meet this standard. Each employee shall have sufficient uniforms
so as to maintain a neat, clean appearance at all times Minimum requirements for uniforms include a
shirt, long pants, and appropriate safety shoes. All drivers shall be in uniform before any towing or service
operation begins. No wording, designs, photos, gestures, or anything that could be considered offensive
or obscene to the general public shall be displayed by the Tow Operators or on any part of the uniform.
Dress standards are required in order to project a professional and positive image to the public.
All employees must be neat, clean and well groomed in appearance. ln order to ensure a professional
appearance, all tattoos must be concealed by operators while working. Personnel will be required to
conceal any tattoos with gloves, collars, long sleeves, or by other means acceptable to the City. Facial
tattoos of any variety are not permitted. No facial piercings shall be worn while on duty.
Drivers shall wear safety vests or reflectorized clothing that conforms to Occupational Safety and Health
Administration (OSHA) requirements Alternatively, the OSHA safety requirements may be incorporated
into the uniform, jacket, or rain gear, as long as these items are worn as the outermost garment.
C.) UnlawfulActivity
The Tow Operator or it's employees shall not be involved, nor shall the Tow Operator or its employees
become involved in any agreement or activity whether verbal, written or conveyed in any other manner,
any activity or business venture which may be construed as unlawful. lf the City deems the involvement
to be unlawful, the City may immediately terminate this Agreement.
The Tow Operator shall not provide any direct or indirect commission, gift or any compensation to any
person or public or private entity, in consideration of arranging or requesting the services of a tow truck as
provided in section 12110 of the CVC
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No Tow Operator will be involved or solicit any compensation of any kind including but not limited to
involvement with any other company or business that might result in income or consideration as a result of
any activity initiated by the City.
An example of such a prohibited involvement could include but is not limited to: financial reimbursement
by auto-body repair business for referrals, or towing directly from the scene of a collision to the auto-body
shop without prior unsolicited approval or request by the registered owner, driver or insurance company
representative of the damaged vehicle; kickback to or from a security company or homeowne/i
association for "finding" or towing a vehicle from a location, whether private property, public, off street
parking facility or a public roadway. Violation of this provision shall be grounds for immediate termination
by City, without penalty.
D.) Personnel Licenses
Tow Operators providing services under this Agreement, includíng tow truck drivers, dispatchers and other
office personnel, will have sufficient knowledge, experience and capability to ensure safe and proper
discharge of their service responsibilities. lt will be the responsibility of the Tow Operator to ensure that allof its personnel will be properly licensed in accordance with sections 12500, 12520, and 12804.g of the
CVC. All tow truck drivers and tow truck operators shall be enrolled in the "Pull Notice" program as defined
in CVC section1808 1 et seq.. Drivers must complete a CHP approved Tow Operator Course every five(5) years and copies of completion of the course shall be sent to the City All Tow Operators and
personnel shall have no criminal record which would preclude them from being placed in a position of trust
while in the service of a law enforcement agency or any crime listed below under the heading of "Criminal
Record."
E.) Fingerprints
All owners and employees who have not previously submitted their "LiveScan" fingerprint samples shall
submit their "LiveScan" fingerprint samples, at their own expense, through the City þrior to being awarded
this Agreement, for the purposes of verifying their criminal history with the Department of Justice.
Failure to provide information regarding the identity of the owner, employee, or anyone else with a
financial interest in the Tow Operator will result in termination of this Agreement. The Tow Operator will
provide the City with information regarding any change in employee status immediately and update DTS
to reflect such changes. Failure to comply may result in further disciplinary action, and will be considered
a breach of this Agreement.
After execution of this Agreement, no person shall be employed by the Tow Operator or perform any
service under this Agreement until the background record check and "LiveScan" is completed and
approved by the City and said employee has received their identification badge from the City.
Notwithstanding the foregoing, Tow Operators and owners that have towed for the City under the previous
Tow Service Agreement and have completed a new background and "LiveScan" check will be aliowed to
continue to tow for the City until such time as the results of the background and "LiveScan" submissions
are reviewed and approved by the City.
Any employee of the Tow Operator that has left employment with said Tow Operator and returned and
been rehired must complete an additional background check before performing services pursuant to this
Agreement
F.) Criminal Record
A conviction of anyone with a financial interest in the Tow Operator, or any employee of the Tow Operator,
including but not limited to any of the following offenses, may be cause for denial of application or
termination of this Agreement:
. Any crimes listed in California Penal Code section 290¡ DUI-Within 5 years of the Date of Fingerprinting. Vehicle theft. Fraud. Stolen property
. Crimes of Violence. Any felony crime relating to narcotics or any controlled substance. Any other crimes enumerated in CVC section 2432.3
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. Actively on parole or on any form of probation
. Crime of moral turpitude. Sex, Arson, Narcotics Registrant. Other felony conviction
The City is not required to provide any reason, rationale or factual information in the event it elects to deny
application or remove any of Tow Operator's personnel from providing services for the City under this
Agreement. Tow driver or employee applicants denied under this section may appeal to the Chief of
Police or his/her designee. All decisions by the Chief of Police, or his/her designee, are final.
ln the event the Tow Operator or employee is convicted or is under investigation, the Tow Operator may
be given the opportunity to replace that employee without prejudice to the Agreement. Nothing shall
prohibit the City from removing, suspending or terminating the Agreement. lt will be the responsibility of
the Tow Operator to provide the City with updated information regarding any illegal activity, arrest(s) or
conviction of any Tow Operator and/or employee. For the purpose of this section, any conviction or plea
of guilty or nolo contendre, even to any lesser-included offense, are considered convictions. Failure to
provide information regarding the identity of the employee, or anyone else with a financial interest in the
Tow Operator will result in termination of the Agreement. Failure to provide information to the City of any
information regarding the conviction of any of the above crimes may also result in termination of the
Agreement.
G.) ldentificationBadges
Each tow truck driver or employee of the Tow Operator shall wear, in plain view an identification badge,
authorized and issued by the City to that employee, while on any call for service where the City is
involved. lf a tow truck driver responds to a scene without his authorized name badge, the tow truck
driver will be dismissed from the scene and the next Tow Operator in rotation will be called. Failure to
carry an identification badge will be considered a violation as stated in Section 31, "Disciplinary Action," of
this Agreement The purpose of these badges will be to identify those employees of the Tow Operator
who have been fingerprinted by the City and have passed the record check by the Department of Justice.
All identification badges are the property of the City and will be returned by the Tow Operator to the City
within forty-eight (48) hours of an employee's separation. Tow Operator will provide a current list of all
staff including drivers, dispatchers, etc. Anytime there are any changes to this list, the City is to be notified
by the next business day and provided with an updated and current list.
13. Tow Operator Licensinq and Certification
All licensing and certifications required by Federal, State and local authorities shall be maintained current and
valid at all times as required in CVC sections: 34507.5,34600 et seq, 34620, and 12111, and sections 7231 et
seq, of the California Revenue and Taxation code. Failure to have any reguired license or certification, including
any driver who fails to have an appropriate class of license, may be grounds for immediate termination by City
without penalty.
14. lnspection
All real propefty and improvements thereon, and all vehicle facilities, equipment and materials used by the Tow
Operator in the pedormance of the services required herein shall be open to inspection by the City or its
authorized representative, and will be subject to no less than one annual inspection. Additional inspections may
be conducted without notice during normal business hours. lnspections may include, but are not limited to, all
books, accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose of auditing
or inspecting any aspect of performance directly related to this Agreement. ln the event that the City determines
that the real property and improvements thereon are insufficient, derelict or fail to meet the requirements as
called out in this Agreement, this Agreement may be terminated by City immediately, without penalty
15. Vehicle and Equipment Requirements
Tow vehicles will be maintained in compliance with sections 24605, 25253, 25300, 27700 and 27907 of the
CVC. Tow vehicles will be of at least 14,000 lbs. GVWR with dual rear wheels, with the ability to tow two (2)
vehicles, or a vehicle and/or a trailer. Tow vehicles must have two-way communication capabilities and the
ability to communicate and connect with the DTS System at all times. The Tow Operator shall have equipment
capable of towing from off-road areas, towing from underground facilities, and recovery services with an
adjustable boom with at least five tons of lifting capacity. ln addition to the conventional wheel lift towing
capabilities, the Tow Operator shall maintain at least one or more flatbed or rollback trucks with a minimum of
fifty (50) feet of cable, and the required safety equipment. Unless otherwise specified by the City, all Tow
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Operators shall respond to a tow service request with a flatbed or rollback truck as specified above. At the
discretion of the tow operator, a wrecker may be used to respond to a tow service request. lf for any reason the
Tow Operator is unable to complete the tow service request with the wrecker, the Tow Operator will not be
placed back on the top of the rotation list and a new Tow Operator will receive the tow service request
A 3-axle or 25-ton truck is not required equipment. However, Tow Operators that possess this equipment will be
placed on a heavy-duty tow rotation list.
All trucks must have the required emergency lighting, portable stop and tail lamps, a broom, shovel, fire
extinguisher (rating 4-8, C), a utility light, reflective triangles, a large pry-bar, covered trash cans with approved
absorbent, rags, unlocking equipment, dollies (boom trucks), chains, and/or tie downs.
Wheel lift trucks will maintain at least 100 feet of cable and all safety equipment as required by the
manufacturer.
Tow vehicles must have a cable winch of sufficient size and capacity to retrieve vehicles that have gone off
traveled portions of roadways into inundated areas or other inaccessible locations. Winches must have visible
lD tags designating the model, make, serial number, and rated capacity.
All tow trucks used in City tows will be subject to a yearly inspection. This does not preclude the City from
conducting random inspections throughout the year.
16. Vehicleldentification
Tow vehicles shall display identification signs in compliance with section 27907 of the CVC. The Tow Operator
shall not display any sign or advertising material that indicates that his tow vehicles are an official police service
of the City.
17. Charqes and Fees to be collected from Reoistered Owners
All rates and charges shall be conspicuously posted in the office and in all tow vehicles. These rates shall quote
complete charges and fees with no additional fees to be added at a later date. These rates will be available for
review by City personnel and/or the person for whom tow service is provided. All fees collected shall be itemized
and invoiced in DTS in accordance to section 22651.07 of the CVC. lt will be the Tow Operator's responsibility
to collect his bill for service, and the City will not be responsible in any way for these charges. Storage fees will
be calculated on the calendar day except the first 24-hours which is counted as a single day in accordance with
California Civil Code (CCC) 3068.1 (see Attachment B). Allfees listed on the DTS invoice will be received in the
form of major credit card, debit card, or cash. All fees collected, both City and Tow Operator fees, must be
invoiced through the DTS system prior to release and at the time of payment. No credit card fees will be
charged pursuant to CVC section 22651.1 and CCC section 1748.1 for any portion of the fees The City
reserves the right to change all payment methods during the term of this agreement.
18. Lien Fees
At no time shall the City be charged a lien fee on a towed or impounded vehicle No lien shall be attached to
any vehicle that has been impounded by the City until after seventy-two (72) hours from the time of storage as
listed in the DTS system have passed pursuantto section 22851.12 of the CVC All lien transactions must be
entered into the DTS system by Tow Operator. Vehicles sold at lien sale shall abide by all laws relating to lien
sales. A vehicle held in impound by the City for thirty (30) days, shall not be sold at lien until such time as is
considered reasonable to allow the registered owner time to pay for and pick up the vehicle before it is sold at
lien, but under no circumstances before the thirty-fifth (35th) day after storage.
The Tow Operator shall abide by all applicable statutes and ordinances concerning disposal of unclaimed
vehicles, including but not necessarily limited to CVC sections 22670;22851;22851.1',22851.2;22851.3,
22851 .4', 22851 .6; 22851 .8; 22851 .10, 2285 1 . 1 2 and 22852 5.
As described in CVC section 22856, liability for despoliation of evidence shall not arise against the Tow
Operator that sells any vehicle at, or disposes of any vehicle after, a lien sale, as long as the Tow Operator can
show written proof that he was notified in writing by the City that the vehicle would not be needed as evidence in
a legal action. This proof may exist in the form of an official release in the DTS System or any other written
conveyance signed by a member of the City prior to the official, written release of the vehicle.
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19. Reasonableness and Validitv of Fees
Fees charged to the registered owner or any other person for response to calls originating from the City shall be
reasonable and not in excess of those rates charged for similar services provided in response to requests
initiated by any other public agency or private person. During the term of this agreement, the City shall conduct
an annual review each December of towing and storage fees of comparable cities and adjust rates set forth in
Attachment B by the first week of January of the following year.
20. Towinq Operation
All tows performed under this Agreement will be included in the flat rate charge as described in Attachment B.
No additional charges shall be charged without prior approval from the City and written notice is provided in the
DTS System. Any unapproved charges received outside the DTS System will result in immediate termination of
this Agreement and removal from the rotation list.
The Tow Operator shall base towing charges upon the class of vehicle being towed regardless of the class of
the truck used, except when vehicle recovery operations require a larger class truck. The Tow Operator may
refer to the tow truck classes and weight ratings as defined by the Towing & Recovery Association of Anierica
(TRAA) vehicle identification guide.
21. Service Call Rotation and Fees
The City shall establish a separate rotation list for Tow Operators willing to respond to service requests (out of
gas, lockouts, tire changes, etc.) Rates for a service requests shall not exceed one-half the flat rate charge for a
light duty truck response.
22. Gate Fees
No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding State
recognized holidays as listed below:
New Year's Day
Martin Luther King Day
Presidents'Day
Cesar Chavez Day
MemorialDay
lndependence Day
Labor Day
Veterans'Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
An after hours gate fee may be charged at all other times. The gate fee is not to exceed fifty percent (50%) of
the flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal
property recovery that occurs outside normal business hours (excluding lien fees, storage fees, taxes, or other
additional fees.) The Tow Operator is responsible for assuring that proper gate fees are charged in accordance
with this section Over charging gate fees will be considered a major violation as outlined in Section 30.
All towing and storage fees charged by the Tow Operator are the responsibility of the vehicle's owner and are
not the responsibility of the City. The exception would be evidentiary impounds made at the direction of City
personnel.
23. Cancelled Tow
The City shall not be liable to pay the Tow Operator or anyone else any charge or other fee for a call that does
not result in a chargeable service being rendered by Tow Operator ("Dry Run"). The cancelled Tow Operator
shall be placed back on the top of the rotation list and will receive the next tow in rotation.
24. Towed in Error
ln the event the City determines that an error has occurred in impounding a vehicle, it shall be immediately
released to the registered owner without charge and the Tow Operator will be placed back on the top of the
rotation list and will receive the next tow in rotation. ln addition, the Tow Operator will be given one extra tows
on the rotation list. Additional extra tows may be given at the discretion of the Tow Unit.
25. Release Fees
California law authorizes the recovery of funds required to enforce certain provisions of the CVC and promote
traffic safety on public roadways. This authorization falls under CVC section 22850.5 and further authorized by
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City resolutions. These resolutions are open to public view at the City and/or City offices and are on file with the
City's Traffic Bureau The Tow Operator will collect fees on the behalf of the City from the registered owner,
legal owner or agent of an impounded car.
A City administrative / franchise fee will be charged for the release of a vehicle that has been impounded by the
City. Fees will be established by an independent consulting firm to determine the City's costs associated with
impounding vehicles in accordance with CVC sections22850.5 and 12110(b). All vehicles impounded will be
charged an administrative / franchise fee for the release of the vehicle. This fee will be established and attached
to each vehicle in the DTS System. The City's administrative fees will be collected at the time of the release by
the Tow Operator. The Tow Operator will pay the City's franchise fees equivalent to the City's administrative
fees for every vehicle that is not picked up by the owner or agent. The Tow Operator will pay the City's
administrative / franchise fees for every.City vehicle that was towed during the preceding month and will pay the
City no later than 12:00 p.m. on the 15"'of the following month, regardless of the disposition of the vehicle. ln
the event that the 15'n of the month falls on one of the State recognized holidays listed in Section 22 above, or a
weekend, the City's administrative/franchise fee must be paid by 12:00 p.m. on the following business day. Tow
Operators who fail to submit the City's administrative / franchise fees to the City by the 15'n day of each month
will be immediately suspended from rotation until all fees are received, and will be subject to appropriate
disciplinary action and civil recourse. The City will keep a strict accounting of these fees through the DTS
System and frequent audits will take place to ensure accurate and timely payment of collected City
administrative / franchise fees. The fee will be listed as an item on the owner's / agent's DTS contractor invoice.
26. UnauthorizedRelease
Unauthorized release of an impounded vehicle, accidental or otherwise, having evidentiary value, not officially
released by the City, and determined to be the fault of the Tow Operator, will result in the issuance of a major
violation as set forth in this Agreement. The determination of such fault will be the responsibility of the City.
27. Release of Multi-Dav lmpounds
A vehicle impounded with a multiple day hold may only be released prior to the impound period with written
authorization by the City in the DTS System. The DTS System will automatically schedule the release of an
impounded vehicle.
28. Release of Vehicles
Vehicles may only be released through the DTS System. Once the DTS System authorizes the release of a
stored or impounded vehicle, it is the Tow Operator's responsibility for the vehicle's release. The Tow Operator
is hereby granted authority to release to the registered owner, legal owner, or authorized representative,
pursuant to section 22850.3 of the CVC At the time of release, the Tow Operator shall have the registered
owner, legal owner, or authorized representative taking possession of the vehicle sign a release indicating that
they are properly licensed and insured to drive a motor vehicle
29. DisciplinarvAction
The Chief of Police, or his/her designee, shall take disciplinary action against Tow Operators for violations
investigated and sustained. Unless otherwise noted, the Chief of Police, or his/her designee, will determine the
period of suspension and shall retain discretion regarding the length of any suspension imposed pursuant to the
terms and conditions of this Agreement. The City shall retain record of violations for at least the term of this
Agreement.
30. Maior violations
Majorviolations include any chargeable offense under Federal, State, Local Law and significant violations of this
Agreement. Such violations shall result in suspension or immediate termination of this Agreement. The Chief of
Police, or his/her designee, reserves the right to impose longer periods of suspensions or immediate
termination, if deemed appropriate in his/her sole discretion. The Chief of Police, or hisiher designee, reserves
the right to remove a Tow Operator from the tow rotation during the investigation of a major violation. A
reinstatement from suspension for a major violation will result in a five hundred dollar ($500.00) fee. Suspension
will not be lifted until the reinstatement fee is received by the Chief of Police or his/her designee. ln addition, a
major violation may also result in the Tow Operator's employee being removed from participation in this
Agreement. Examples of major violations include, but are not limited to:
. Physical assault, against public and/or law enforcement. Verbal abuse against public and/or law enforcement. Resisting arrest. Tow Truck Driver under the influence of alcohol or illegal drugs
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. Charging rates that exceed those listed in Attachment B. Vehicle released without authorization. Unauthorized access to storage yard. Theft. Mishandling of vehicles stored as evidence. Unauthorized driver responding to call. Failure to provide information or change of status on any Tow Operator employee or staff. Substantiated private party impound complaints. Any Felony/Misdemeanor arresto Refusal to take a rotational tow. Failure to utilize the DTS System for all City towing related matters. Repeated late or nonpayment of City franchise fees. Failure to properly secure storage yard
. Failure to obey a lawful order by law enforcement
31. Minor violations
Minor violations will be given to the Tow Operator in the form of a documented warning for the first violation The
second violation will be in the form of a documented reprimanded and a one hundred dollar ($100 00) fine.
Repeated minor violations during the term of the Agreement may be treated as a major violation, and the Tow
Operator will be suspended or terminated from this Agreement. A reinstatement from suspension will result in a
five hundred dollar ($500.00) fee. Suspension will not be lifted until the reinstatement fee is received by the
Chief of Police or his/her designee Examples of minor violations include, but are not limited to:
. Late payment of City franchise fees. Tow truck drivers not wearing City issued l.D. cards/ proper uniform¡ Unauthorized arrival time in excess of thirty (30) minutes, or forty-five (45) minutes during peak hours. Repeated rejection of dispatched calls. Other violations of this Agreement not considered a major violation by the Chief of Police or his/her
designeeo Unauthorizedride-a-long. Failure to respond to customers' needs. Failure to maintain proper equipment. Failure to clean up at a collision sceneo Vehicle code infractions
32. Hearinq/Appeal
Tow Operator must have a legal existing interest in the tow operation or entitlement subject to the City order
citation, decision or determination to have standing to appeal a decision by the Chief of Police or his/her
designee. An appeal that fails to identify the appellant's standing may be rejected as defective.
ln the event FPD serves Tow Operator with disciplinary action amounting to anything less than a suspension
resulting from a minor violation, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow Unit.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension for thirty (30) days or
less resulting from a minor or major violation, the Tow Operator may request a hearing within fifteen (i5)
calendar days by submitting an appeal in writing to the Chief of Police, or his/her designee, through the TowUnit Upon receipt of a written request for an appeal, and at the discretion of the Chief of Police, or his/her
designee, the Tow Operator may be allowed to continue rotational tows until the final disposition of the appellate
hearing.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension in excess of thirty (30)
days, or termination of the TSA, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Administrative Hearing Officer by way of the City Manager's Office. The
written appeal shall be in compliance with FMC sections 1-407 and g-1712. Notwithstanding any provision
within Chapter 1, Article4 of the FMC, any person who appeals a suspension in excess of thirty (30) days, ora
termination of the TSA shall not be entitled to placement on the Tow Rotation List or to participate in tows until
such time as any appeal hearing has been concluded and the Administrative Hearing Officer finds that no
grounds for a suspension in excess of thirty (30) days, or a termination of the TSA has been established. Tow
Operator's remedy shall be limited to reinstatement on the tow rotation list in such case and no other
compensation or consideration will be allowed.
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ATTACHMENT B
TOW FEES
Flat orice per vehicle per call:
Light Duty ToMFlatbed $ 184.00/Each
Medium Duty Tow $ Average CHP Rates Apply
Heavy Duty Tow $ Average CHP Rates Apply
Water Recovery: $ Averaqe CHP Rates Applv
Technoloqy Fee:
DTS Software Fee per Vehicle Towed $ Charge listed in DTS Contract and DTS System
Storaqe Rates.
Passenger cars $ 45.00/per dayMotorcycles $ 45.00/per day
Trucks or Trailers $ Average CHP Rates Apply
lnside Storaqe Rates:
Passenger cars $ 55.00/per dayMotorcycles $ 55.00/per day
Trucks or Trailers $ Average CHP Rates Apply
Gate Fee: No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding
State recognized holidays as listed in the Agreement.
An after hours gate fee may be charged at all other times. The gate fee shall not exceed fifty percent (S0%) of the
flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal property
recovery that occur outside normal business hours (excluding lien fees, storage fees, taxes, or other additional
fees).
Non{ow service calls (out of gas, lockouts, and flat tires) shall not exceed one-half the flat rate charge for a light
duty truck response.
City of Fresno Administrative / Franchise Fees:
Vehicle Collision Blocking a Roadway $ 60.00
lllegally Parked / Abandoned Vehicle $116.00
Unlicensed Driver / Expired Registration $189.00
Arrested / Suspended Driver $266.00
DUI Driver $450.00
Allfees listed on the DTS invoice will be received in the form of major credit card, debit card or cash. /Vo
credit card fee will be charged pursuant to CVC section 22651.1 and CCC section 1748.1.
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CITY OF FRESNO
NON-EXCLUSIVE FRANCHISE TOW AGREEMENT
FOR FRESNO POLICE DEPARTMENT
This Non-exclusive Franchise Tow Agreement (TSA) is entered into effect on the 28th day of December 2014 set
forth below, at Fresno, California, between the City of Fresno, a municipal corporation (City) and Tow City, a
sole proprietorship (the Tow Operator).
This Agreement, including all attachments, contains rules and regulations that a tow company agrees to comply
with in order to participate in the tow operations of the City of Fresno Police Department (FPD). Participation in
the FPD Rotation Tow Program (Tow Program) is voluntary. Compliance with all of the terms and conditions of
the Agreement is mandatory for tow companies participating in the Tow Program. A Tow Operator, by agreeing
to participate in the Tow Program, is not acting as an agent for FPD or City when performing services under thið
Agreement.
1. Governinq Law and Venue
This Agreement shall be governed by, and construed enforced in accordance with, the laws of the State of
California excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue
for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any
rights and duties hereunder shall be the County of Fresno, California.
2. Entire Aqreement
This Agreement, its attachments and exhibits, when accepted by the Tow Operator either in writing or
commencement of performance hereunder, contains the entire Agreement between the parties with respeót to
the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forthherein No exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by
City in writing.
3. Amendments
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the
parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties;
and no exceptions, alternatives, substitutes or revisions are valid or binding on City unless authorized by City in
writing.
4. Assiqnment or Sub Contractinq
The terms, covenants, and conditions contained herein shall apply to the parties. Furthermore, neither the
performance of this Agreement nor any portion thereof may be assigned or subcontracted by Tow Operator
without the express written consent of City. Any attempt by Tow Operator to assign or subcontract the
performance or any portion of this Agreement without the express written consent of City shall be invalid and
shall constitute a breach of this Agreement.
5. PatenUCopvriqht Materials/Proprietarv lnfrinqement
Unless otherwise expressly provided in this Agreement, Tow Operator shall be solely responsible for obtaining a
license or other authorization to use any patented or copyrighted materials in the performance of this
Agreement. Tow Operator warrants that any Software as modified through services provided hereunder will not
infringe upon or violate any patent, proprietary right, or trade secret right of any third party Tow Operator
agrees that, in accordance with the more specific requirement below, it shall indemnify, defend and hold City
and City fndemnitees harmless from any and all such claims and be responsible for payment of all costs,
damages, penalties and expenses related to or arising from such claim(s), including, but not limited to,
attorney's fees, costs and expenses.
6. Non-Discrimination
ln the performance of this Agreement, Tow Operator agrees that it will comply with the requirements of section
1735 of the California Labor Code and not engage nor permit any Tow Operators to engage in discrimination in
employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, marital status, or sex of such persons. Tow Operator acknowledges that a
violation of this provision shall subject Tow Operator to all the penalties imposed for a violation of anti-
discrimination law or regulation, including but not limited to, section 1720 er.seq. of the California Labor Code.
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7. Termination
ln addition to any other remedies or rights it may have by law, City has the right to terminate this Agreement
without penalty immediately with cause and either party may terminate after thirty (30) days written notice
without cause, unless otherwise specified. Cause shall be defined as any breach of this Agreement or any
misrepresentation or fraud on the part of the Tow Operator Exercise by City of its right to terminate the
Agreement shall relieve City of all further obligation.
8. Consent to Breach Not Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or
consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any
party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver
of, or excuse for any other different or subsequent breach.
9. Remedies Not Exclusive
The remedies for breach set forth in this Agreement are cumulative as to one another and as to any other
provided by law, rather than exclusive; and the expression of certain remedies in this Agreement does not
preclude resort by either party to any other remedies provided by law.
10. Independent Tow Operator
Tow Operator shall be considered an independent Tow Operator and neither Tow Operator, its employees nor
anyone working under Tow Operator shall be considered an agent or an employee of City. Neither Tow
Operator, its employees nor anyone working under Tow Operator, shall qualify for workers' compensation or
other fringe benefits of any kind through City.
11. Performance
Tow Operator shall perform all work under this Agreement, taking necessary steps and precautions to perform
the work to City's satisfaction. Tow Operator shall be responsible for the professional quality, technical
assurance, timely completion, and coordination of all documentation and other goods/services furnished by Tow
Operator under this Agreement. Tow Operator shall: perform all work diligently, carefully, and in a good and
workman-like manner; furnish all labor, supervision, machinery, equipment, materials, and supplies necessary
therefore; at its sole expense obtain and maintain all permits and licenses required by public authorities,
including those of City required in its governmental capacity, in connection with performance of the work; and, if
permitted to subcontract, be fully responsible for all work performed by sub-Tow Operators
12. Indemnification
A) Tow Operator shall indemnify, hold harmless and defend City and each of its officers, officials,
employees, agents and authorized volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to
personal injury, death at any time and property damage) incurred by City, Tow Operator, or any
other person, and from any and all claims, demands and actions in law or equity (including
attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirec¡y out of
performance of this Agreement. Tow Operator's obligations under the preceding sentence shall
apply regardless of whether City or any of its officers, officials, employees, agents or authorized
volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or
damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any
of its officers, officials, employees, agents or authorized volunteers.
B) lf Tow Operator should subcontract all or any portion of the work to be performed under this
Agreement, Tow Operator shall require each subcontractor to indemnify, hold harmless and defend
City and each of its officers, offtcials, employees, agents and authorized volunteers in accordance
with the terms of the preceding paragraph.
C) This section shall survive termination or expiration of this Agreement.
13. lnsurance
A) Throughout the life of this Agreement, Tow Operator shall pay for and maintain in full force and
effect afl policies of insurance required hereunder with an insurance company(ies) either (i) admitted
by the California lnsurance Commissioner to do business in the State of California and rated not
less than "A-Vll" in Best's lnsurance Rating Guide, or (ii) authorized by City's Risk Manager. The
following policies of insurance are required:
2
5)
B)
1) COMMERCIAL GENERAL LIABILITY insurance which shall be on the most current version of
lnsurance Services Office (lSO) Commercial General Liability Coverage Form CG 00 01 and
include insurance for "bodily injury," "property damage" and "personal and advertising injury"with coverage for premises and operations, products and completed operatioñs,
-anO
contractual liability (including, without limitation, indemnity obligations under the Agreement)
with limits of liability of not less than $1,000,000 per occurrence for bodily injury anã property
damage, $1,000,000 per occurrence for personal and advertising injury and $2,000,000
aggregate for products and completed operations and $2,000,000 general aggregate.
2) GARAGEKEEPERS LEGAL LIABILITY insurance which shall include coverage for vehictes in
the care, custody, and control of the Tow Operator with limits of liability of noiless than
$120,000 per occurrence for property damage.
3) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be on the most current
version of lnsurance Service Office (lSO) Business Auto Coverage Form CA O0 0'i, and
include coverage for all owned, hired, and non-owned automobiles òr other licensed vehicles
(Code 1- Any Auto) with limits of not less than $1,000,000 per accident for bodity injury and
property damage.
4) ON-HOOIICARGO insurance which shall include coverage for vehicles in tow with limits of
liability based on the size of the tow truck, which are as follows:
a) ClassA/B tow truck. ...... ..$120,000b) Class C tow truck.. $200,000c) ClassDtowtruck. ........$300,000
WORKERS' COMPENSATION insurance as required under the California Labor Code and
EMPLOYERS' LIABILITY insurance with minimum limits of $1,000,000 each accident, $1,000,000
disease policy limit and $1,000,000 disease each employee.
Tow Operator shall be responsible for payment of any deductibles contained in any insurance
policies required hereunder and Tow Operator shall also be responsible for payment of any self-
insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate
of lnsurance and approved by the City's Risk Manager or his/her designee. At the option of the
City's Risk Manager, or his/her designee, either:
1) The insurer shall reduce or eliminate such deductibles or self-insured retention as
respects city, its officers, officials, employees, agents and volunteers; or
2) Tow Operation shall provide a financial guarantee, satisfactory to City's Risk Manager, orhis/her designee, guaranteeing payment of losses and related investigations, -
claim
administration and defense expenses. At no time shall City be responsible for the payment of
any deductibles or self-insured retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30)
calendar days written notice in favor of City of policy cancellation, change or reduction of covérâge,
except for the Workers'Compensation policy which shall provide ten ('10) calendar days writtln
notice of such cancellation, change or reduction of coverage ln the event any policies are due to
expire during the term of this Agreement, Tow Operator shall provide a new certificate and all
applicable endorsements evidencing renewal of such policy prior to the expiration date of the
expiring policy(ies) to the Chief of Police, or his/her designee, and the City's Risk Division. Upon
issuance by the insurer, broker, or agent of a notice of cancellation, change or reduction in
coverage, Tow Operator shall file with the Chief of Police, or his/her designee, ãnd the City's Risk
Division, a new certifìcate and all applicable endorsements for such policy(ies).
The General Liability, Automobile Liability and Garagekeepers Legal Liability insurance policies
shall be written on an occurrence form and shall name City, its officers, officials, agents, employees
and volunteers as an additional insured. Such policy(ies) of insurance shall be éndorsed so Tow
Operator's insurance shall be primary with respect to the City, its officers, officials, employees,
agents and authorized volunteers with no contribution required of City. Any Workers' Compensation
insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents,
c)
D)
3
employees and authorized volunteers. Tow Operator shall have furnished City with the certificate(s)
and applicable endorsements for ALL required insurance prior to City's execution of the Agreement
E) The fact that insurance is obtained by Tow Operator shall not be deemed to release or diminish the
liability of Tow Operator, including, without limitation, liability under the indemnity provisions of this
Agreement. City shall apply to all claims and liability regardless of whether any insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by Tow Operator. Approval or purchase of any insurance contracts or policies shall in no
way relieve from liability nor limit the liability of Tow Operator, its principals, officers, agents,
employees, persons under the supervision of Tow Operator, vendors, suppliers, invitees,
consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of
them.
F) Upon request of City, Tow Operator shall immediately furnish City with a complete copy of any
insurance policy required under this Agreement, including all endorsements, with said copy certifìed
by the underwriter to be a true and correct copy of the original policy. This requirement shaf I survive
expiration or termination of this Agreement.
G) lf at any time during the life of the Agreement or any extension, Tow Operator fails to maintain the
required insurance in fufl force and effect, all work under this Agreement shall be discontinued
immediately until notice is received by City that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory to City.
Any failure to maintain the required insurance shall be sufficient cause for City to terminate this
Agreement.
H) lf Tow Operator should subcontract all or any portion of the work to be performed, Tow Operator
shall require each subcontractor to provide insurance protection in favor of the City, its officer,
officials, employees, agents and authorized volunteers in accordance with the terms of each of the
preceding paragraphs, except that the subcontractors certificates and endorsements shall be on file
with the Tow Operator and City prior to the commencement of any work by the subcontractor.
14. Bills and Liens
Tow Operator shall pay promptly all indebtedness for labor, materials, and equipment used in performance of
the work. Tow Operator shall not permit any lien or charge to attach to the work or the premises, but if any does
so attach, Tow Operator shall promptly procure its release and indemnify, defend, and hold City harmless and
be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related
thereto.
15. Chanqe of Control
Tow Operator agrees that if there is a change or transfer in ownership or control of the Tow Operator's business
prior to completion of this Agreement, unless such change or transfer is to "immediate family" as defined in
Fresno Municipal Code (FMC) section 3-101(e) and approved in writing by the Chief of Police, or his/her
designee, such change or transfer shall terminate this Agreement. This includes but is not limited to changes in:
Corporate Board Members, Managers, Directors, Treasurer, Trustees, or ownership interests. All changes or
transfers to "immediate family" must be approved by the Chief of Police, or his/her designee, prior to such
change or transfer in order for the Tow Operator to remain on the tow services list. Final written approval or
disapproval for the change or transfer in ownership or control will be given by the Chief of Police or his/her
designee. All "immediate family" members involved in the potential transfer and operation of the Tow Operator
shall be required to undergo a background check, review, and "Livescan" fingerprint screening. The "immediate
family" members involved in the change or transfer of ownership or control must also possess and keep current
all licensing certificates and insurance as required in this Agreement. The "immediate family" members who will
operate or otherwise be legally responsible for the Tow Operator will be required to execute a new TSA.
A) Tow Operator owners shall be directly involved in the day{o-day operations of their
business and shall not be directly involved in the towing-related business of any other tow
company on, or applicant for, the Tow Rotation List. Co-mingling of operations, business,
offices, board members, and finances is strictly prohibited.
B) lf terminated or suspended, Tow Operator and/or its owner at the time of the suspension or
termination, shall not be eligible for a rotation listing for the duration of the suspension or
termination. This section applies to the Tow Operator working in any capacity within any tow
4
business or operating any tow business and to the tow business even if operated under new
ownership.
C) Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow
Rotation List, excluding equipment which may be unavailable due to repairs or when there is a need
for equipment replacement and written approval is obtained from the Chief of Police or his/her
designee.
16. Force Maieure
Tow Operator shall not be in breach of this Agreement caused by any act of God, war, civil disorder,
employment strike or other cause beyond its reasonable control, provided Tow Operator gives written notice of
the cause of the delay to City within thirty-six (36) hours of the start of the delay and Tow Operator avails itself of
any available remedies
17. Gonfidentialitv
Tow Operator agrees to maintain the confidentiality of all City and City-related records and information pursuant
to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term
of this Agreement. All such records and information shall be considered confidential and kept confidential by
Tow Operator and Tow Operator's staff, agents and employees.
18. Compliance with Laws
Tow Operator represents and warrants that services to be provided under this Agreement shall fully comply, at
Tow Operator's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and
regulations, including, but not limited to those issued by City in its governmental capacity and all other laws
applicable to the services at the time services are provided to and accepted by City. Tow Operator
acknowledges that City is relying on Tow Operator to ensure such compliance (collectively Laws). Tow Operator
agrees that it shall defend, indemnify and hold City and City lndemnitees harmless from all liability, damages,
costs, and expenses arising from or related to a violation of Laws.
f 9. Pricinq
The Agreement price shall include full compensation for providing all required services in accordance with the
Scope of Work attached to this Agreement, and no additional compensation will be allowed therefore, unless
otherwise provided for in this Agreement Tow Operator shall pay the City Franchise Fees as listed in
Attachment "8", or "City Administrative / Franchise Fees", in accordance with Paragraph 25 of Attachment "4".
20. Terms and Conditions
Tow Operator acknowledges that the undersigned has read and agrees to all terms and conditions included in
this Agreement.
21. Severabilitv
lf any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired or invalidated thereby.
22. Calendar Davs
Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless
otherwise expressly provided.
23. Attornev Fees
lf either party is required to commence any proceeding or legal action to enforce any term, covenant or condition
of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other
party its reasonable Attorney's fees and legal expenses
24. lnterpretation
This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in
the matters dealt with in this Agreement. ln addition, each party has been represented by experienced and
knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel
despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have
not been influenced to any extent whatsoever in executing this Agreement by any other party hereto or by any
person representing them, or both. Accordingly, any rule or law (including California Civil Code section 1654) or
legal decision that would require interpretation of any ambiguities in this Agreement against the party that has
5
drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable
manner to affect the purpose of the parties and this Agreement.
25. Authoritv
The parties to this Agreement represent and warrant that this Agreement has been duly authorized and
executed and constitute the legally binding obligation of their respective organization or entity, enforceable in
accordance with its terms.
26. Emplovee EliqibilitvVerification
Tow Operator warrants that it fully complies with all Federal and State statutes and regulations regarding the
employment of aliens and others and that all its employees performing work under this Agreement meet the
citizenship or alien status requirement set forth in Federal statutes and regulations. Tow Operator shall obtain,
from all employees performing work hereunder, all verification and other documentation of employment eligibility
status required by Federal or State statutes and regulations including, but not limited to, the lmmigration Reform
and Control Act of 1986, 8 U.S.C. 51324 et seq., as they currently exist and as they may be hereafter amended
Tow Operator shall retain all such documentation for all covered employees for the period prescribed by the law.
Tow Operator shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its
agents, officers, and employees from employer sanctions and any other liability which may be assessed against
Tow Operator or City or both in connection with any alleged violation of any Federal or State statutes or
regulations pertaining to the eligibility for employment of any persons performing work under this Agreement.
27. Additional Terms and Conditions
A) Term of Agreement: This Agreement shall commence on December 28, 2014, and shall be
effective for three (3) years from that date, unless otherwise terminated by City.
B) Fiscal Appropriations: This Agreement is subject to and contrngent upon applicable budgetary
appropriations being made by the City for each year during the term of this Agreement. lf such
appropriations are not forthcoming, the Agreement will be terminated without penalty. Tow
Operator acknowledges that funding or portions of funding for this Agreement may also be
contingent upon the receipt of funds from, and/or appropriation of funds by City. lf such funding
and/or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate
or modify this Agreement without penalty.
C) Conflict of lnterest (Tow Operator): Tow Operator shall exercise reasonable care and diligence to
prevent any actions or conditions that result in a conflict with the best interest of City. This
obligation shall apply to Tow Operator, Tow Operator's employees, agents, relatives, and third
parties associated with accomplishing the work hereunder. Tow Operator's efforts shall include, but
not be limited to, establishing precautions to prevent its employees or agents from making,
receiving, providing, or offering gifts, entertainment, payments, loans, or other considerations which
could be deemed to appear to influence individuals to act contrary to the best interest of City.
D) Tow Operator Work Hours and Safety Standards: Tow Operator shall ensure compliance with all
safety and hourly requirements for employees, in accordance with federal, state, and City safety
and health regulations and laws.
E) Orderly Termination: Upon termination or other expiration of this Agreement, each party shall
promptly return to the other party all papers, materials, and other properties of the other held by
each for purposes of execution of the Agreement. ln addition, each party will assist the other Party
in orderly termination of this Agreement and the transfer of all aspects, tangible and intangible, as
may be necessary for the orderly, non-disruptive business continuation of each party.
F) Reprocurement Costs: ln the case of default by Tow Operator, City may procure the service from
other sources and, if the cost is higher, Tow Operator will be held responsible to pay City the
difference between the Agreement cost and the price paid. City may make reasonable efforts to
obtain the prevailing market price at the time such services are rendered. This is in addition to any
other remedies available under law.
G) Authorization Warranty: Tow Operator represents and warrants that the person executing this
Agreement on behalf of and for Tow Operator is an authorized agent who has actual authority to
bind Tow Operator to each and every term, condition, and obligation of this Agreement and that all
requirements of Tow Operator have been fulfilled to provide such actual authority
6
H) Notices: Any and all notices permitted or required to be given hereunder shall be deemed duly
given (1) upon actual delivery, if delivery is by hand; or (2) upon delivery by the United States mail if
delivery is by postage paid registered or certified return receipt requested mail; or (3) through
electronic means such as, email or the Dispatch & Tracking Solutions Software System (DTS)
l) Data - Title to: All materials, documents, data or information obtained from City data files or any
City medium furnished to Tow Operator in the peformance of this Agreement will at all times remain
the property of City. Such data or information may not be used or copied for direct or indirect use
by Tow Operator after completion or termination of this Agreement without the express written
consent of City. All materials, documents, data or information, including copies, must be returned to
City at the end of this Agreement.
J) Usage: No guarantee is given by City to Tow Operator regarding usage of this Agreement. Usage
figures, if provided, are approximate, based upon the last usage Tow Operator agrees to supply
services and/or commodities requested, as needed by City, at prices listed in the Agreement,
regardless of quantity requested.
K) Tow Operator's Records: Tow Operator shall keep true and accurate accounts, records, books
and data which shall correctly reflect the business transacted by Tow Operator in accordance with
generally accepted accounting principles. These records shall be stored at the Tow Operators
principal place of business for a period of three (3) years after final payment is received by City.
L) Audits/lnspections: Tow Operator agrees to permit City's authorized representative (including
auditors from a private auditing firm hired by City) access during normal working hours to all books,
accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose
of auditing or inspecting any aspect of performance under this Agreement. The inspection and/or
audit will be confined to those matters connected with the performance of the Agreement including,
but not limited to, the costs of administering the Agreement. City reserves the right to audit and
verify Tow Operator's records before or after final payment is made.
Tow Operator agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of records retention is stipulated under this Agreement or
by law. Tow Operator agrees to allow interviews of any employees or others who might reasonably
have information related to such records. Further, Tow Operator agrees to include a similar right to
City to audit records and interview staff of any sub-Tow Operator related to performance of this
Agreement.
M) Should Tow Operator cease to exist as a legal entity, Tow Operator's records pertaining to this
Agreement shall be forwarded to the Chief of Police or his/her designee.
28. Disputes-Aqreement
A) The Parties shall deal in good faith and attempt to resolve potential disputes informally
1) Tow Operator shall submit to the Chief of Police, or his/her designee, a written demand for a
final decision regarding the disposition of any dispute between the parties arising under,
related to, or involving this Agreement, unless City, on its own initiative, has already rendered
such a final decision.
2) Tow Operator's written demand shall be fully supported by factual information, and, if such
demand involves a cost adjustment to the Agreement, Tow Operator shall include with the
demand a written statement signed by a senior official indicating that the demand is made in
good faith, that the supporting data are accurate and complete, and that the amount
requested accurately reflects the Agreement adjustment for which Tow Operator believes City
is liable.
Pending the final resolution of any dispute arising under, related to, or involving this Agreement,
Tow Operator agrees to diligently proceed with the performance of this Agreement. Tow Operator's
failure to diligently proceed shall be considered a material breach of this Agreement.
Any final decision of City shall be expressly identified as such, shall be in writing, and shall be
signed by the City Hearing Administrative Officer, or Chief of Police, or his/her designee, as
applicable lf City fails to render a decision within ninety (90) days after receipt of Tow Operator's
-7 -
B)
c)
demand, it shall be deemed a final decision adverse to Tow Operator's contentions. City's final
decision shall be conclusive and binding regarding the dispute unless Tow Operator commences
action in a court of competent jurisdiction.
29. Breach of Agreement
The failure of the Tow Operator to comply with any of the provisions, covenants or conditions of this Agreement
shall be a material breach of this Agreement. ln such event the City may, and in addition to any other remedies
available at law, in equity, or otherwise specifìed in this Agreement, undertake any of the individual actions or
any combination of the following actions:
1) Afford the Tow Operator written notice of the breach and ten calendar days or such
shorter time that may be specified in this Agreement within which to cure the
breach;
2) Suspend and/or remove Tow Operator from the rotation;
3) Terminate the Agreement immediately, without any penalty.
The Parties hereto have executed this Agreement.
Tire: O .^, NÐr*-
e- 1- t+Print Nam Rq e Gs -ulu)
TOW OPERATOR*:
By:Title:
Print Name:Date
*lf a corporation or limited liability company, the document must be signed by two corporate officers. The first signaturemust be either the Chairman of the Board, President, or any Vice President. The second signature must be thesecretary, an assistant secretary, the Chief Financial Officer, or any assistant treasurers. ln the álternat¡ve, a singlesignature is acceptable when accompanied by a corporate document demonstrating the legal authority of i-hesignature to bind the company.
By
DOUGLAS T. SLOAN
City Attorne
Ì4- ddt"t
ATTEST:
WONNE SPENCE, CMC
City Clerk
By:: Date:
Date:
Date:
CITY OF FRESNO,
8
/ zlzz/ t +
ATTACHMENT A
SCOPE OF WORK
1. Scope of Work
Tow Operator shall perform the towing, and storage of vehicles as directed by the City, and in addition, such
other services as provided in this Scope of Work, and shall provide necessary storage facility, tow vehicles,
labor, materials, equipment, machinery, and tools. The Tow Operator shall comply with all State laws and
regulations, applicable to tow units and impound, towing, storage, selling or junking of vehicles. Tow operators
must follow all guidelines set forth by equipment manufactures recommendations as to their use and care of all
towing related equipment All permits and licensing fees as specified under California Vehicle Code (CVC)
sections 34620 through 34624 shall be in full force and effect at all times during this Agreement. Any violation of
this section will be considered a material breach of the Agreement and may result in immediate termination of
this Agreement.
2. Towins Services and Duties
It shall be the duty of the Tow Operator, when so directed by the City, to provide prompt tow service for vehicles
which are taken into custody by the City. This includes vehicles involved in collisions or disabled by any other
cause, abandoned in public places or on private property. Vehicles impounded for evidence, impeding tñe flow
of traffic, or which for any other reason, are within the jurisdiction of the FPD. As required by ìaw, Tow
Operators are to remove from the street all debris resulting from said collisions and to clean the immediate area
of such street (CVC section 27700(a)(1)). lt shall also be the duty to provide for the safety and security of those
vehicles and the contents thereof. These duties are inherent to the job and are to be included in the piice of the
basic tow bill.
The tow truck operator shall provide a business card to the registered owner or driver for the vehicle being
towed. The business card shall contain the name, address and phone number of the tow company as well as
the link to the vehicle search system in DTS as follows: www.findmytow.com
Tow truck operators and/or drivers will not be permitted to drive an impounded or recovered stolen vehicle or
vehicle intended for storage from a FPD rotation call or special operation. Any exceptions must be at the
direction of the FPD officer in charge of the scene and should be limited to repositioning the vehicle to allow for
towing.
The City has designated two (2) tow companies for evidence impound tows and no other rotation tow company
shall maintain custody over these vehicles at any time. ff an officer impounds a vehicle for evidence and a non-
preference rotational tow is dispatched, it is the responsibility of the tow driver to verify with the officer on scene
as to whether a vehicle is to be held for evidence. lf it is determined that the vehicle is to be held for evidence,
the tow driver must immediately notify the officer on scene that the company is not authorized to handle
evidence impounds and an evidence tow company shall be dispatched. Tow Operator shall then contact the
Tow Unit on the same business day, or within the next business day if such tow occurs after regular business
hours. Acceptance of an evidence tow by a non-designated evidence tow company will result in disciplinary
action and full flnancial responsibility for all tow and storage fees for each violation.
lf terminated or suspended, Tow Operator and/or owner at the time of the suspension or termination, shall not
be eligible for a rotation listing for the duration of the suspension or termination. This provision applies to the
Tow Operator working in any capacity within any tow business or operating any tow business and to the tow
business even if operated under new ownership.
Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow Rotation List,
excluding equipment which may be unavailable due to repairs or when there is a need for equipment
replacement and written notice has been obtained from FPD.
3. Special Operations
FPD conducts special operations coordinated through the Traffic Bureau throughout the year that requires tow
companies at the location of the special operation. Tow companies on the Tow Rotation List that are in good
standing with FPD may be invited to participate in these operations, provided they are willing to remain w¡tñ the
special operation until its conclusion and forfeit any rotational tow calls (FPD, California Highway patrol, or
other) received during the duration of the operation. "Good standing" shall mean that Tow Operator has not
violated, or is not in violation of the terms of this Agreement, the provisions of the FMC, State, or Federal law.
All special operations tows will be subject to the provisions of this Agreement. Tow Operator shall respond to a
o
special operation with a flatbed tow truck with the capability of towing (2) vehicles. No ride alongs will be allowed
on any special operations unless the ride along is the Tow Owner or a Tow Driver who is in training and has
been approved by FPD.
4. Signaqe and hours of Operation
The storage yard or business office shall have a sign that clearly identifies it to the public as a towing service.
The sign shall have letters that are clearly visible to the public from the street and must be visible at night. All
storage facilities must be accessible to City personnel twenty-four (24) hours per day and seven (7) days per
week. The Tow Operator will provide customer service twenty-four (24) hours per day and seven (7) days per
week for the release of vehicles.
Tow Operator shall provide at least one person at a call station to respond and release vehicles within thirty (30)
minutes. Tow Operator shall maintain all signage required pursuant to CVC sections 22850.3 and 22651.07
and include an after-hours contact phone number for Tow Operator.
5. Response Time
Tow Operator shall respond to calls twenty-four (24) hours a day, seven (7) days a week, within the maximum
response time limits as established by the Chief of Police or his/her designee. A reasonable response time is
thirty (30) minutes or less, except during peak hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m.,
(Monday through Friday), when the required response time will be extended to forty-five (45) minutes or less.
Tow Operator shall respond with a tow truck of the class required to tow the vehicle specified by the DTS
System.
6. Non-Response
The Tow Operator shall update the DTS System at the time of dispatch to a tow rotation request lf the Tow
Operator is either unable to respond or unable to meet the maximum response time, the tow operator shall
immediately update the DTS System accordingly. lf, after accepting the call, the Tow Operator is unable to
respond or will be delayed in responding, the Tow Operator shall immediately update the DTS system
accordingly.
To decline or refuse to respond will be considered a non-response. Each non-response will be immediately
documented in the DTS System. Each non-response will be logged by the DTS System and reviewed by the
City. lf the fault for the non-response is attributed to other than the Tow Operator, the Tow Operator will be
placed back in the rotational list and called at the next opportunity in line.
One such breach, determined to be the fault of the Tow Operator, will be grounds for written reprimand which
may be subsequent to a meeting between the Tow Operator and the City. A second breach may be grounds for
a (30) thirty-day suspension of this Agreement. A third violation will be considered a material breach of the
Agreement and may result in immediate termination of this Agreement.
ln the case of suspension or termination, all vehicles then in storage at the time of the suspension or termination
remain protected under this Agreement as City's impounds and the Tow Operator is so bound The City will
have the option to remove and/or transfer stored vehicles.
When a Tow Operator will be temporarily unavailable to provide services due to preplanned/scheduled activity,
such as a vacation, maintenance, medical leave, etc., the Tow Operator will notify City in writing via the DTS
system at least forty-eight (48) hours in advance. City reserves the right to deny these requests to maintain
adequate service levels for tow operations. Failure to notify the City will be considered a non-response and a
material breach of this agreement.
7. StoraqeResponsibilities
It shall be the duty of the Tow Operator to provide impound and other storage service for all vehicles as directed
by the City. The Tow Operator shall be responsible for all vehicles, accessories and equipment thereon and all
personal property therein stored by Tow Operator. lt shall be the Tow Operators' duty to protect such stored
vehicles, accessories, equipment, and property against all loss or damage by fire, theft or other causes. The
Tow Operator will have available for review by City personnel, all permits and proof of compliance to all local
zoning, special use, conditional use and special requirements, laws and regulation. lt is the responsibility of the
Tow Operator to ensure vehicles are stored in a secured facility.
8. Size and Location of Storaqe Facilitv
The tow yard shall be located within the City of Fresno's "Metropolitan Area." Metropolitan area is defined as
within the borders of Copper Avenue to the north, American Avenue to the south, DeWolf Avenue to the east,
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and Chateau Fresno to the west. Tow Operator shall be responsible for the security of vehicles and property at
the place of storage. At a minimum, a six (6) foot fence or enclosed secured area is required for outside
storage A minimum of 5,000 square feet, or room for twenty (20) vehicles, shall be provided. All tow yards
located with the City of Fresno shall be in compliance with the FMC, current Directors Class #208 and shall
follow the current Development and Resource Management Department's Policy and Procedure C-002. lf the
tow facility is located outside the City of Fresno, the tow operator is required to provide written proof that the
yard is in compliance with the authorizing jurisdiction. Tow Operator is responsible for the reasonable care,
custody, and control of any property contained in towed or stored vehicles. The storage facility and business
office will be located at the primary storage yard and shall be maintained in a functional, clean and orderly
fashion The facility shall have a telephone, on-site fax machine and the necessary computer equipment to
properly run DTS software and to send and receive email.
ln the event of criminal activity at a storage facility, the City may require the Tow Operator to take measures to
assist in preventing such crimes. These measures could include, but are not limited to: the yard being
illuminated during darkness, with security type lighting, to such a degree that visual observation of the entire
yard may be accomplished at alltimes, improved fencing and/or security patrols
All vehicles stored or impounded as a result of a tow ordered by the City shall be towed directly to a towing
service storage lot unless the City, or in the case of a citizen's assist, a person legally in charge of the vehicle,
requests that it be taken to some other location.
All vehicles towed as a result of action taken by the City will be stored at the Tow Operator's principal place of
business unless directed otherwise by the City's Tow Coordinator. Vehicles stored at an auxiliary storage facility
will be considered a breach of this Agreement. The Tow Operator shall not remove personal property from a
stored vehicle. lf the registered owner removes personal property from a stored vehicle, the Tow Operator will
maintain documentation of such and will require a signed receipt from the registered owner for property
released The Tow Operator shall immediately notify the City if any contraband, weapons or hazardous
materials are found in the vehicle(s).
9. Enclosed Facilitv
The Tow Operator may maintain, without charge to the City or any other person, separate and enclosed garage
facilities no less than 1,000 square feet of clean working space. The facility must be constructed to include a
roof and at least four walls of substantial design to withstand the elements and protect the vehicles from the
weather. The facility should have a concrete floor and sufficient lighting. This inside facility must be located at
the Tow Operator's primary storage yard. This inside facility is not required to qualify for the City's rotation,
however, when inside storage is requested for a particular vehicle, the next Tow Operator in line meeting the
needs of the City's request will be used.
10. DTS Requirements
Tow Operator shall utilize the most recent, updated and upgraded DTS software program, to dispatch and track,
via a web-based lnternet connection. Tow Operators will be required to enter the towed vehicle information as
instructed by the City. At no time will a vehicle be released, subject to lien, or junked from impound without all
required data fields being entered into the DTS system by the Tow Operator. The Tow Operator shall clearly
identify and enter into DTS the name of the person to whom the vehicle was actually released. All City tow
requests shall be made utilizing this program. Failure at any time to have the DTS program in full operation shall
cause the immediate removal of the Tow Operator from the tow rotation and be grounds for immediate
termination by City Tow Operator must enter into a separate agreement, or license for the DTS software
program with the owner of that proprietary software. The City shall not provide the DTS software program, any
licensing or sub-licensing thereof or any intermediary services for the procurement by Tow Operator of the DTS
software program. This Agreement shall not be executed by the City until Tow Operator has demonstrated to
the City's satisfaction compliance with the requirements set forth herein. Tow Operator shall be liable for all
fees, charges, prices, rates and service charges required from DTS. DTS shall be utilized in "real time" and all
entries should reflect as such. lnvoices shall be used from DTS when releasing vehicles and be pursuant to
section 22651.07 of the CVC. The only Tow Operator personnel authorized to utilize and access DTS are those
that have fully complied with the provisions set forth in Section 12, "Tow Operator Personnel" of this Agreement.
lf the Tow Operator is not in FULL compliance with the above stated requirement, the Tow Operator will be
removed from the City towing rotation. ln the event that DTS fails to provide software services, or the City elects
to utilize a new software provider, the Tow Operator will be required to use the replacement towing software
system. lf that occurs, all references to DTS in this Agreement shall instead be interpreted as references to the
new software program.
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11. Official Notification bv Citv Reqardinq Tow
Official notification by City regarding tow services is considered any form of written, email, verbal instructions or
notifications received from an authorized City employee or electronic notice from the DTS program. lf the Tow
Operator receives verbal instructions or notifications from a City employee the Tow Operator must respond to
City, by 5:00 p m. (PST) on the next business day.
12. Tow Operator Personnel
A.) Conduct
The Tow Operator shall perform the services required of it in an ethical, orderly manner, endeavoring to
obtain and keep the confidence of the public. At no time will the Tow Operator or its agent or any
employee of the Tow Operator exhibit any of the following behavior: rudeness, or otherwise being
uncooperative, argumentative, threatening, incompetent or acting in a dangerous manner with any City
employee, or with any member of the public. The City reseryes the right to cancel an individual tow
assignment, if in the opinion of the City, the Tow Operator is acting in a rude, uncooperative,
argumentative, threatening, incompetent or dangerous manner. The City afso reserves the right to cancel
an individual tow assignment if in the opinion of the City the Tow Operator is likely to damage the vehicle
for which the tow service was called. Other examples of unacceptable behavior include but are not limitedto: profanity, abusive language, disconnecting telephone calls for public inquiries regarding a tow,
threatening, aggressive, or assertive language, failure to provide timely information or documents in
response to a public or City inquiry, lack of respect to any City personnel or member of the public,
destruction or damaging of evidence, failure to comply with the reasonable request of a member of the
public, failure to release vehicle in a timely manner, failure to make appointment for release of vehicle
during evening or weekend hours, failure to promptly be on site at time of appointment for release of
vehicle during evening or weekend hours, impeding an investigation or any other conduct which the City
deems unprofessional.
lf the Tow Operator is found to be in violation of this conduct clause, the City will cancel the Tow Operator
and request the next Tow Operator in rotation. Any such behavior as set forth above shall be considereda material breach of this Agreement and may be grounds for immediate suspension or immediate
termination by the City, without penalty
B.) PersonnelAppearance
Tow Operators shall be required to furnish their employees with a distinctive company uniform. Each
uniform shall have the firm's name, as well as the employee's name, in a conspicuous place The tow
company's name and driver's first name shall be clearly visible at all times, meaning that protective or
inclement weather outer garments must meet this standard. Each employee shall have sufficient uniforms
so as to maintain a neat, clean appearance at all times. Minimum requirements for uniforms include a
shirt, long pants, and appropriate safety shoes. All drivers shall be in uniform before any towing or service
operation begins. No wording, designs, photos, gestures, or anything that could be considered offensive
or obscene to the general public shall be displayed by the Tow Operators or on any part of the uniform.
Dress standards are required in order to project a professional and positive image to the public.
All employees must be neat, clean and well groomed in appearance. ln order to ensure a professional
appearance, all tattoos must be concealed by operators while working. Personnel will be required to
conceal any tattoos with gloves, collars, long sleeves, or by other means acceptable to the City. Facial
tattoos of any variety are not permitted. No facial piercings shall be worn while on duty.
Drivers shall wear safety vests or reflectorized clothing that conforms to Occupational Safety and Health
Administration (OSHA) requirements. Alternatively, the OSHA safety requirements may be incorporated
into the uniform, jacket, or rain gear, as long as these items are worn as the outermost garment.
C.) UnlawfulActivity
The Tow Operator or it's employees shall not be involved, nor shall the Tow Operator or its employees
become involved in any agreement or activity whether verbal, written or conveyed in any other manner,
any activity or business venture which may be construed as unlawful. lf the City deems the involvement
to be unlawful, the City may immediately terminate this Agreement.
The Tow Operator shall not provide any direct or indirect commission, gift or any compensation to any
person or public or private entity, in consideration of arranging or requesting the services of a tow truck as
provided in section 12110 of the CVC.
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No Tow Operator will be involved or solicit any compensation of any kind including but not limited to
involvement with any other company or business that might result in income or consideration as a result of
any activity initiated by the City.
An example of such a prohibited involvement could include but is not limited to: financial reimbursement
by auto-body repair business for referrals, or towing directly from the scene of a collision to the auto-body
shop without prior unsolicited approval or request by the registered owner, driver or insurance company
representative of the damaged vehicle; kickback to or from a security company or homeowner's
association for "finding" or towing a vehicle from a location, whether private property, public, off street
parking facility or a publtc roadway. Violation of this provision shall be grounds for immediate termination
by City, without penalty.
D.) Personnel Licenses
Tow Operators providing services under this Agreement, including tow truck drivers, dispatchers and other
office personnel, will have sufficient knowledge, experience and capability to ensure safe and proper
discharge of their service responsibilities. lt will be the responsibility of the Tow Operator to ensure that all
of its personnel will be properly licensed in accordance with sections 12500, 12520, and 12804.9 of the
CVC. Alltow truck drivers and tow truck operators shall be enrolled in the "Pull Notice" program as defined
in CVC sectionl808.1 et seq.. Drivers must complete a CHP approved Tow Operator Course every five
(5) years and copies of completion of the course shall be sent to the City. All Tow Operators and
personnel shall have no criminal record which would preclude them from being placed in a position of trust
while in the service of a law enforcement agency or any crime listed below under the heading of "Criminal
Record."
E.) Fingerprints
All owners and employees who have not previously submitted their "LiveScan" fingerprint samples shall
submit their "LiveScan" fingerprint samples, at their own expense, through the City prior to being awarded
this Agreement, for the purposes of verifying their criminal history with the Department of Justice.
Failure to provide information regarding the identity of the owner, employee, or anyone else with a
financial interest in the Tow Operator will result in termination of this Agreement. The Tow Operator will
provide the City with information regarding any change in employee status immediately and update DTS
to reflect such changes. Failure to comply may result in further disciplinary action, and will be considered
a breach of this Agreement.
After execution of this Agreement, no person shall be employed by the Tow Operator or perform any
service under this Agreement until the background record check and "LiveScan" is completed and
approved by the City and said employee has received their identification badge from the City
Notwithstanding the foregoing, Tow Operators and owners that have towed for the City under the previous
Tow Service Agreement and have completed a new background and "LiveScan" check will be allowed to
continue to tow for the City until such time as the results of the background and "LiveScan" submissions
are reviewed and approved by the City.
Any employee of the Tow Operator that has left employment with said Tow Operator and returned and
been rehired must complete an additional background check before performing services pursuant to this
Agreement
F.) CriminalRecord
A conviction of anyone with a financial interest in the Tow Operator, or any employee of the Tow Operator,
including but not limited to any of the following offenses, may be cause for denial of application or
termination of this Agreement:
. Any crimes listed in California Penal Code section 290. DUI-Within 5 years of the Date of Fingerprinting. Vehicle theft. Fraud. Stolen Property. Crimes of Violence. Any felony crime relating to narcotics or any controlled substance. Any other crimes enumerated in CVC section 2432.3
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. Actively on parole or on any form of probation
. Crime of moral turpitude. Sex, Arson, Narcotics Registrant. Other felony conviction
The City is not required to provide any reason, rationale orfactual information in the event it elects to deny
appltcation or remove any of Tow Operator's personnel from providing services for the City under this
Agreement. Tow driver or employee applicants denied under this section may appeal to the Chief of
Police or his/her designee All decisions by the Chief of Police, or his/her designee, are final.
ln the event the Tow Operator or employee is convicted or is under investigation, the Tow Operator may
be given the opportunity to replace that employee without prejudice to the Agreement. Nothing shall
prohibit the City from removing, suspending or terminating the Agreement. lt will be the responsibility of
the Tow Operator to provide the City with updated information regarding any illegal activity, arrest(s) or
conviction of any Tow Operator and/or employee. For the purpose of this section, any conviction or plea
of guilty or nolo contendre, even to any lesser-included offense, are considered convictions. Failure to
provide information regarding the identity of the employee, or anyone else with a financial interest in the
Tow Operator will result in termination of the Agreement. Failure to provide information to the City of any
information regarding the conviction of any of the above crimes may also result in termination of the
Agreement
G.) ldentificationBadges
Each tow truck driver or employee of the Tow Operator shall wear, in plain view an identification badge,
authorized and issued by the City to that employee, while on any call for service where the City is
involved. lf a tow truck driver responds to a scene without his authorized name badge, the tow truck
driver will be dismissed from the scene and the next Tow Operator in rotation will be called. Failure to
carry an identification badge will be considered a violation as stated in Section 31, "Dlsciplinary Action," of
this Agreement. The purpose of these badges will be to identify those employees of the Tow Operator
who have been fingerprinted by the City and have passed the record check by the Department of Justice.
All identification badges are the property of the City and will be returned by the Tow Operator to the City
within forty-eight (48) hours of an employee's separation. Tow Operator will provide a current list of all
staff including drivers, dispatchers, etc. Anytime there are any changes to this list, the City is to be notified
by the next business day and provided with an updated and current list.
13. Tow Operator Licensinq and Certification
All licensing and certifications required by Federal, State and local authorities shall be maintained current and
valid at all times as required in CVC sections: 34507.5,34600 et seq, 34620, and 12111, and sections 7231 et
seq, of the California Revenue and Taxation code. Failure to have any required license or certification, including
any driver who fails to have an appropriate class of license, may be grounds for immediate termination by City
without penalty.
14. Inspection
All real property and improvements thereon, and all vehicle facilities, equipment and materials used by the Tow
Operator in the peformance of the services required herein shall be open to inspection by the City or its
authorized representative, and will be subject to no less than one annual inspection. Additional inspections may
be conducted without notice during normal business hours. lnspections may include, but are not limited to, all
books, accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or propefty of Tow Operator for the purpose of auditing
or inspecting any aspect of performance directly related to this Agreement. ln the event that the City determines
that the real property and improvements thereon are insufficient, derelict or fail to meet the requirements as
called out in this Agreement, this Agreement may be terminated by City immediately, without penalty.
15. Vehicle and Equipment Requirements
Tow vehicles will be maintained in compliance with sections 24605, 25253,25300, 27700 and 27907 of the
CVC. Tow vehicles will be of at least 14,000 lbs. GVWR with dual rear wheels, with the ability to tow two (2)
vehicles, or a vehicle and/or a trailer. Tow vehicles must have two-way communication capabilities and the
ability to communicate and connect with the DTS System at all times. The Tow Operator shall have equipment
capable of towing from off-road areas, towing from underground facilities, and recovery services with an
adjustable boom with at least five tons of lifting capacity. ln addition to the conventional wheel lift towing
capabilities, the Tow Operator shall maintain at least one or more flatbed or rollback trucks with a minimum of
fifty (50) feet of cable, and the required safety equipment. Unless otherwise specified by the City, all Tow
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Operators shall respond to a tow service request with a flatbed or rollback truck as specified above At the
discretion of the tow operator, a wrecker may be used to respond to a tow service request. lf for any reason the
Tow Operator is unable to complete the tow service request with the wrecker, the Tow Operator will not be
placed back on the top of the rotation list and a new Tow Operator will receive the tow service request.
A 3-axle or 25-ton truck is not required equipment However, Tow Operators that possess this equipment will be
placed on a heavy-duty tow rotation list.
All trucks must have the required emergency lighting, portable stop and tail lamps, a broom, shovel, flre
extinguisher (rating 4-8, C), a utility light, reflective triangles, a large pry-bar, covered trash cans with approved
absorbent, rags, unlocking equipment, dollies (boom trucks), chains, and/or tie downs.
Wheel lift trucks will maintain at least 100 feet of cable and all safety equipment as required by the
manufacturer.
Tow vehicles must have a cable winch of sufficient size and capacity to retrieve vehicles that have gone off
traveled portions of roadways into inundated areas or other inaccessible locations Winches must have visible
lD tags designating the model, make, serial number, and rated capacity
All tow trucks used in City tows will be subject to a yearly inspection. This does not preclude the City from
conducting random inspections throughout the year.
16. Vehicleldentification
Tow vehicles shall display identification signs in compliance with section 27907 of the CVC. The Tow Operator
shall not display any sign or advertising material that indicates that his tow vehicles are an official police service
of the City.
17. Charqes and Fees to be collected from Reqistered Owners
All rates and charges shall be conspicuously posted in the office and in all tow vehicles. These rates shall quote
complete charges and fees with no additional fees to be added at a later date These rates will be available for
review by City personnel and/or the person for whom tow service is provided All fees collected shall be itemized
and invoiced in DTS in accordance to section 22651.07 of the CVC. lt will be the Tow Operator's responsibility
to collect his bill for service, and the City will not be responsible in any way for these charges Storage fees will
be calculated on the calendar day except the first 24-hours which is counted as a single day in accordance with
California Civil Code (CCC) 3068.1 (see Attachment B). Allfees listed on the DTS invoice will be received in the
form of major credit card, debit card, or cash. All fees collected, both City and Tow Operator fees, must be
invoiced through the DTS system prior to release and at the time of payment No credit card fees will be
charged pursuant to CVC section 22651.1 and CCC section 1748.1 for any portion of the fees. The City
reserves the right to change all payment methods during the term of this agreement.
18. Lien Fees
At no time shall the City be charged a lien fee on a towed or impounded vehicle. No lien shall be attached to
any vehicle that has been impounded by the City until after seventy-two (72) hours from the time of storage as
listed in the DTS system have passed pursuantto section 22851.12 of the CVC. All lien transactions must be
entered into the DTS system by Tow Operator. Vehicles sold at lien sale shall abide by all laws relating to lien
sales. A vehicle held in impound by the City for thirty (30) days, shall not be sold at lien until such time as is
considered reasonable to allow the registered owner time to pay for and pick up the vehicle before it is sold at
lien, but under no circumstances before the thirty-fifth (35tn) day after storage.
The Tow Operator shall abide by all applicable statutes and ordinances concerning disposal of unclaimed
vehicles, including but not necessarily limited to CVC sections 22670; 22851', 22851.1', 22851 2; 22851 3',
22851 .4: 22851.6; 22851 .8; 22851.10, 22851.12 and 22852.5.
As described in CVC section 22856, liability for despoliation of evidence shall not arise against the Tow
Operator that sells any vehicle at, or disposes of any vehicle after, a lien sale, as long as the Tow Operator can
show written proof that he was notified in writing by the City that the vehicle would not be needed as evidence in
a legal action. This proof may exist in the form of an official release in the DTS System or any other written
conveyance signed by a member of the City prior to the official, written release of the vehicle
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19. Reasonableness and Validitv of Fees
Fees charged to the registered owner or any other person for response to calls originating from the City shall be
reasonable and not in excess of those rates charged for similar services provided in response to requests
initiated by any other public agency or private person. During the term of this agreement, the City shall conduct
an annual review each December of towing and storage fees of comparable cities and adjust rates set forth in
Attachment B by the first week of January of the following year.
20. Towino Operation
All tows performed under this Agreement will be included in the flat rate charge as described in Attachment B.
No additional charges shall be charged without prior approval from the City and written notice is provided in the
DTS System Any unapproved charges received outside the DTS System will result in immediate termination of
this Agreement and removal from the rotation list.
The Tow Operator shall base towing charges upon the class of vehicle being towed regardless of the class of
the truck used, except when vehicle recovery operations require a larger class truck. The Tow Operator may
refer to the tow truck classes and weight ratings as defined by the Towing & Recovery Association of America
(TRAA) vehicle identification guide.
21. Service Call Rotation and Fees
The City shall establish a separate rotation list for Tow Operators willing to respond to service requests (out of
gas, lockouts, tire changes, etc.) Rates for a service requests shall not exceed one-half the flat rate charge for a
light duty truck response.
22. Gate Fees
No gate fees may be charged between 8:00 a.m. through 5.00 p.m. Monday through Friday, excluding State
recognized holidays as listed below:
New Year's Day
Martin Luther King Day
Presidents'Day
Cesar Chavez Day
Memorial Day
lndependence Day
Labor Day
Veterans'Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
An after hours gate fee may be charged at all other times. The gate fee is not to exceed fifty percent (50%) of
the flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal
property recovery that occurs outside normal business hours (excluding lien fees, storage fees, taxes, or other
additional fees.) The Tow Operator is responsible for assuring that proper gate fees are charged in accordance
with this section. Over charging gate fees will be considered a major violation as outlined in Section 30.
All towing and storage fees charged by the Tow Operator are the responsibility of the vehicle's owner and are
not the responsibility of the City. The exception would be evidentiary impounds made at the direction of City
personnel.
23. Cancelled Tow
The City shall not be liable to pay the Tow Operator or anyone else any charge or other fee for a call that does
not result in a chargeable service being rendered by Tow Operator ("Dry Run"). The cancelled Tow Operator
shall be placed back on the top of the rotation list and will receive the next tow in rotation.
24. Towed in Error
ln the event the City determines that an error has occurred in impounding a vehicle, it shall be immediately
released to the registered owner without charge and the Tow Operator will be placed back on the top of the
rotation list and will receive the next tow in rotation. ln addition, the Tow Operator will be given one extra tows
on the rotation list. Additional extra tows may be given at the discretion of the Tow Unit.
25. Release Fees
California law authorizes the recovery of funds required to enforce certain provisions of the CVC and promote
traffic safety on public roadways. This authorization falls under CVC section 22850.5 and further authorized by
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City resolutions. These resolutions are open to public view at the City and/or City offices and are on file with the
City's Traffic Bureau. The Tow Operator will collect fees on the behalf of the City from the registered owner,
legal owner or agent of an impounded car.
A City administrative / franchise fee will be charged for the release of a vehicle that has been impounded by the
City. Fees will be established by an independent consulting firm to determine the City's costs associated with
impounding vehicles in accordance with CVC sections 22850.5 and 12110(b). All vehicles impounded will be
charged an administrative / franchise fee for the release of the vehicle This fee will be established and attached
to each vehicle in the DTS System. The City's administrative fees will be collected at the time of the release by
the Tow Operator. The Tow Operator will pay the City's franchise fees equivalent to the City's administrative
fees for every vehicle that is not picked up by the owner or agent. The Tow Operator will pay the City's
administrative / franchise fees for every City vehicle that was towed during the preceding month and will pay the
City no later than 12:00 p.m. on the 15'n of the following month, regardless of the disposition of the vehicle. ln
the event that the 15'n of the month falls on one of the State recognized holidays listed in Section 22 above, or a
weekend, the City's administrative/franchise fee must be paid by 12:00 p.m. on the following business day. Tow
Operators who fail to submitthe City's administrative /franchise fees to the City by the 15'n day of each month
will be immediately suspended from rotation until all fees are received, and will be subject to appropriate
disciplinary action and civil recourse. The City will keep a strict accounting of these fees through the DTS
System and frequent audits will take place to ensure accurate and timely payment of collected City
administrative / franchise fees. The fee will be listed as an item on the owner's / agent's DTS contractor invoice.
26. UnauthorizedRelease
Unauthorized release of an impounded vehicle, accidental or otheruvise, having evidentiary value, not officially
released by the City, and determined to be the fault of the Tow Operator, will result in the issuance of a major
violation as set forth in this Agreement. The determination of such fault will be the responsibility of the City
27. Release of Multi-Dav lmpounds
A vehicle impounded with a multiple day hold may only
authorization by the City in the DTS System. The DTS
impounded vehicle.
be released prior to the impound period with written
System will automatically schedule the release of an
28. Release of Vehicles
Vehicles may only be released through the DTS System. Once the DTS System authorizes the release of a
stored or impounded vehicle, it is the Tow Operator's responsibility for the vehicle's release. The Tow Operator
is hereby granted authority to release to the registered owner, legal owner, or authorized representative,
pursuant to section 22850.3 of the CVC. At the time of release, the Tow Operator shall have the registered
owner, legal owner, or authorized representative taking possession of the vehicle sign a release indicating that
they are properly licensed and insured to drive a motor vehicle.
29. DisciplinarvAction
The Chief of Police, or his/her designee, shall take disciplinary action against Tow Operators for violations
investigated and sustained. Unless otherwise noted, the Chief of Police, or his/her designee, will determine the
period of suspension and shall retain discretion regarding the length of any suspension rmposed pursuant to the
terms and conditions of this Agreement The City shall retain record of violations for at least the term of this
Agreement.
30. Maior violations
Major violations include any chargeable offense under Federal, State, Local Law and significant violations of this
Agreement. Such violations shall result in suspension or immediate termination of this Agreement. The Chief of
Police, or his/her designee, reseryes the right to impose longer periods of suspensions or immediate
termination, if deemed appropriate in his/her sole discretion. The Chief of Police, or his/her designee, reserves
the right to remove a Tow Operator from the tow rotation during the investigation of a major violation. A
reinstatement from suspension for a major violation will result in a five hundred dollar ($500.00) fee. Suspension
will not be lifted until the reinstatement fee is received by the Chief of Police or his/her designee. ln addition, a
major violation may also result in the Tow Operator's employee being removed from participation in this
Agreement Examples of major violations include, but are not limited to:
. Physical assault, against public and/or law enforcement. Verbal abuse against public and/or law enforcement
. Resisting arrest. Tow Truck Driver under the influence of alcohol or illegal drugs
-17 -
. Charging rates that exceed those listed in Attachment B
. Vehicle released without authorization
. Unauthorized access to storage yard
. Theft
. Mishandling of vehicles stored as evidence. Unauthorized driver responding to call
. Failure to provide information or change of status on any Tow Operator employee or staff¡ Substantiated private party impound complaints. Any Felony/Misdemeanor arresto Refusal to take a rotational tow¡ Failure to utilize the DTS System for all City towing related matters
. Repeated late or nonpayment of City franchise fees. Failure to properly secure storage yard
o Failure to obey a lawful order by law enforcement
31. Minor violations
Minor violations will be given to the Tow Operator in the form of a documented warning for the first violation. The
second violation will be in the form of a documented reprimanded and a one hundred dollar ($100.00) fine.
Repeated minor violations during the term of the Agreement may be treated as a major violation, and the Tow
Operator will be suspended or terminated from this Agreement. A reinstatement from suspension will result in a
five hundred dollar ($500.00) fee. Suspension will not be lifted until the reinstatement fee is received by the
Chief of Police or his/her designee. Examples of minor violations include, but are not limited to:
. Late payment of City franchise fees. Tow truck drivers not wearing City issued l.D. cards/ proper uniform
. Unauthorized arrival time in excess of thirty (30) minutes, or forty-five (45) minutes during peak hours. Repeated rejection of dispatched calls. Other violations of this Agreement not considered a major violation by the Chief of Police or his/her
designeeo Unauthorizedride-a-long. Failure to respond to customers' needs. Failure to maintain proper equipment. Failure to clean up at a collision scene
. Vehicle code infractions
32. Hearinq/Appeal
Tow Operator must have a legal existing interest in the tow operation or entitlement subject to the City order,
citation, decision or determination to have standing to appeal a decision by the Chief of Police or his/her
designee. An appeal that fails to identify the appellant's standing may be rejected as defective.
ln the event FPD serves Tow Operator with disciplinary action amounting to anything less than a suspension
resulting from a minor violation, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow Unit
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension for thirty (30) days or
less resulting from a minor or major violation, the Tow Operator may request a hearing within fifteen (15)
calendar days by submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow
Unit. Upon receipt of a written request for an appeal, and at the discretion of the Chief of Police, or his/her
designee, the Tow Operator may be allowed to continue rotational tows until the final disposition of the appellate
hearing.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension in excess of thirty (30)
days, ortermination of the TSA, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Administrative Hearing Officer by way of the City Manager's Office. The
written appeal shall be in compliance with FMC sections 1407 and 9-1712. Notwithstanding any provision
within Chapter 1, Article 4 of the FMC, any person who appeals a suspension in excess of thirty (30) days, or a
termination of the TSA shall not be entitled to placement on the Tow Rotation List or to participate in tows until
such time as any appeal hearing has been concluded and the Administrative Hearing Officer finds that no
grounds for a suspension in excess of thirty (30) days, or a termination of the TSA has been established. Tow
Operator's remedy shall be limited to reinstatement on the tow rotation list in such case and no other
compensation or consideration will be allowed.
- 18 -
ATTACHMENT B
TOW FEES
Flat price per vehicle per call:
Light Duty Tow/Flatbed $ 184.00/Each
Medium Duty Tow $ Average CHP Rates Apply
Heavy Duty Tow $ Average CHP Rates Apply
Water Recovery: $ Average CHP Rates Apply
Technoloqy Fee:
DTS Software Fee per Vehicle Towed $ Charge listed in DTS Contract and DTS System
Storaqe Rates:
Passenger cars $ 45.00/per day
Motorcycles $ 45.00/per day
Trucks or Trailers $ Average CHP Rates Apply
lnside Storage Rates:
Passenger cars $ 55.00/per day
Motorcycles $ 55.00/per day
Trucks or Trailers $ Average CHP Rates Apply
Gate Fee: No gate fees may be charged between 8:00 a.m. through 5:00 p,m. Monday through Friday, excluding
State recognized holidays as listed in the Agreement.
An after hours gate fee may be charged at all other times. The gate fee shall not exceed fifty percent (50%) of the
flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal property
recovery that occur outside normal business hours (excluding lien fees, storage fees, taxes, or other additional
fees).
Non-tow service calls (out of gas, lockouts, and flat tires) shall not exceed one-half the flat rate charge for a light
duty truck response.
Citv of Fresno Administrative / Franchise Fees:
Vehicle Collision Blocking a Roadway $ 60.00
lllegally Parked / Abandoned Vehicle $116.00
Unlicensed Driver / Expired Registration $189.00
Arrested / Suspended Driver $266.00
DUI Driver $450.00
All fees listed on the DTS invoice will be received in the form of major credit card, debit card or cash. No
credit card fee will be charged pursuant to CVC section 22651.1 and CCC section 1748.1.
-'19 -
CITY OF FRESNO
NON.EXCLUSIVE FRANCHISE TOW AGREEMENT
FOR FRESNO POLICE DEPARTMENT
This Non-exclusive Franchise Tow Agreement (TSA) is entered into effect on the 2}th day of Decembe r 2014 setforth below, at Fresno, California, between the City of Fresno, a municipal corporation (City) and Walt,s Towing,a California corporation (the Tow Operator).
This Agr all att ains rules and regulations that a tow company agrees to complywith in o in the of the City of Fresno Police Department (rpol. participation inthe FPD gram is voluntary. Compliance w¡tn ált of the terms and conditions ofthe Agre ry for participating in the Tow Program. A Tow Operator, by agàeingto participate in the Tow Program, is not acting as an agent for FPD or City when performing services'unãer thisAgreement.
1. Governinq Law and Venue
This Agreement shall be governed by, and construed enforced in accordance with, the laws of the State ofCalifornia excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venuefor purposes of the filing of any action regarding the enforcement or ìnierpretation of this Agreement and anyrights and duties hereunder shall be the county of Fresno, california.
2. Entire Aqreement
ts exhibits, when accepted by the Tow Operator either in writing orpe der, contains the entire Agreement between the parties with respeðt toan trictions, promises, warranties or undertakings other than those sät tort¡'ion bstitutes or revisions are valid or binding oñ City unless authorized byCity in writing.
3. Amendments
No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by theparties, no oral understanding or agreement not incorporated herein shall be binding on eJthe,- of ine parties;and no exceptions, alternatives, substitutes or revisions are valid or binding on City ,ñl"s authorized ny ðity inwriting.
4. Assiqnment or Sub Contractinq
The terms, covenants, and conditions contained herein shall apply to the parties. Furthermore, neither theperformance of this Agreement nor any p-ortion thereof may be assigned or subcontracted by Tow operatorwithout the express written consent of City. Any attempi oy tow-Operator to assign or subcontract theperformance or any portion of this Agreement without the express written consent of cñy shall be invalid andshall constitute a breach of this Agreement.
5.
Unles LL^_:_^1:_.- rator shall be solely responsible for obtaining alicense or other authorization to use any patented ighted materials in the perform"n"" of th¡,Agreement' Tow Operator warrants that any Software as modified through services provided hereunder will notinfringe u , proprietary right, or trade secret rignt of any irriro party. row opáiatoragrees th more specific requirement below, itlnatl indemnify,'defénd ano noto ðityand City m any and all such claims and be responsible for payment of all costs,damages, related to or arising from such claim(s), including, but not limited to,attorney's
6. Non-Discrimination
ln the performance of this Agreement, Tow Operator a
1735 of the California Labor Code and not engage nor
employment of persons because of the race, religious
mental disability, medical condition, marital status, or s
violation of this provision shall subject Tow Operator
discrimination law or regulation, including but not limited to, section 1720 etseq of the California Labor Code.
1
7. Termination
ln addition to any other remedies or rights it may have by law, City has the right to terminate this Agreement
without penalty immediately with cause and either party may terminate after thirty (30) days written notice
without cause, unless otherwise specified. Cause shall be defined as any breach of this Agreement or any
misrepresentation or fraud on the part of the Tow Operator Exercise by City of its right to terminate the
Agreement shall relieve City of all further obligation.
8. Consent to Breach Not Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or
consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any
party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver
of, or excuse for any other different or subsequent breach.
9. Remedies Not Exclusive
The remedies for breach set forth in this Agreement are cumulative as to one another and as to any other
provided by law, rather than exclusive; and the expression of certain remedies in this Agreement does not
preclude resort by either party to any other remedies provided by law.
10. lndependent Tow Operator
Tow Operator shall be considered an independent Tow Operator and neither Tow Operator, its employees nor
anyone working under Tow Operator shall be considered an agent or an employee of City. Neither Tow
Operator, its employees nor anyone working under Tow Operator, shall qualify for workers' compensation or
other fringe benefits of any kind through City.
11. Performance
Tow Operator shall perform all work under this Agreement, taking necessary steps and precautions to perform
the work to City's satisfaction. Tow Operator shall be responsible for the professional quality, technical
assurance, timely completion, and coordination of all documentation and other goods/services furnished by Tow
Operator under this Agreement. Tow Operator shall: perform all work diligently, carefully, and in a good and
workman-like manner; furnish all labor, supervision, machinery, equipment, materials, and supplies necessary
therefore; at its sole expense obtain and maintain all permits and licenses required by public authorities,
including those of City required in its governmental capacity, in connection with performance of the work; and, if
permitted to subcontract, be fully responsible for all work performed by sub-Tow Operators.
12. lndemnification
A) Tow Operator shall indemnify, hold harmless and defend City and each of its officers, officials,
employees, agents and authorized volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to
personal injury, death at any time and property damage) incurred by City, Tow Operator, or any
other person, and from any and all claims, demands and actions in law or equity (including
attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of
performance of this Agreement. Tow Operato/s obligations under the preceding sentence shall
apply regardless of whether City or any of its officers, officials, employees, agents or authorized
volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or
damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any
of its officers, officials, employees, agents or authorized volunteers
B) lf Tow Operator should subcontract all or any portion of the work to be performed under this
Agreement, Tow Operator shall require each subcontractor to indemnify, hold harmless and defend
City and each of its officers, officials, employees, agents and authorized volunteers in accordance
with the terms of the preceding paragraph.
C) This section shall survive termination or expiration of this Agreement.
13. lnsurance
A) Throughout the life of this Agreement, Tow Operator shall pay for and maintain in full force and
effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted
by the California lnsurance Commissioner to do business in the State of California and rated not
less than "A-Vll" in Best's lnsurance Rating Guíde, or (ii) authorized by City's Risk Manager. The
following policies of insurance are required:
2
5)
B)
1) COMMERCIAL GENERAL LIABILITY insurance which shall be on the most current version of
f nsurance Services Office (lSO) Commercial General Liability Coverage Form CG 00 01 and
include insurance for "bodily injury," "property damage" and "personal and advertising injury"
with coverage for premises and operations, products and completed operations, and
contractual liability (including, without limitation, indemnity obligations under the Agreement)
with limits of liability of not less than $1,000,000 per occurrence for bodily injury and property
damage, $1,000,000 per occurrence for personal and advertising injury and $2,000,000
aggregate for products and completed operations and $2,000,000 general aggregate
2) GARAGEKEEPERS LEGAL LIABILITY insurance which shall include coverage for vehicles in
the care, custody, and control of the Tow Operator with limits of liability of not less than
$120,000 per occurrence for property damage.
3) COMMERCIAL AUTOMOBILE LlABlLlry insurance which shall be on the most current
version of lnsurance Service Office (lSO) Business Auto Coverage Form CA 00 01, and
include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles
(Code 1- Any Auto) with limits of not less than $1,000,000 per accident for bodily injury and
property damage.
4) ON-HOOI(CARGO insurance which shall include coverage for vehicles in tow with limits of
liability based on the size of the tow truck, which are as follows:
a) Class A/B tow truck.. $120,000b) Class C towtruck...... ......$200,000c) Class D tow truck... . ..$300,000
WORKERS' COMPENSATION insurance as required under the California Labor Code and
EMPLOYERS'LIABILITY insurance with minimum limits of $1,000,000 each accident, $1,000,000
disease policy limit and $1,000,000 disease each employee.
Tow Operator shall be responsible for payment of any deductibles contained in any insurance
policies required hereunder and Tow Operator shall also be responsible for payment of any self-
insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate
of lnsurance and approved by the City's Risk Manager or his/her designee. At the option of the
City's Risk Manager, or his/her designee, either:
1) The insurer shall reduce or eliminate such deductibles or self-insured retention as
respects City, its officers, officials, employees, agents and volunteers; or
2) Tow Operation shall provide a financial guarantee, satisfactory to City's Risk Manager, or
his/her designee, guaranteeing payment of losses and related investigations, claim
administration and defense expenses. At no time shall City be responsible for the payment of
any deductibles or self-insured retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30)
calendar days written notice in favor of City of policy cancellation, change or reduction of coverage,
except for the Workers'Compensation policy which shall provide ten (10) calendar days written
notice of such cancellation, change or reduction of coverage. ln the event any policies are due to
expire during the term of this Agreement, Tow Operator shall provide a new certificate and all
applicable endorsements evidencing renewal of such policy prior to the expiration date of the
expiring policy(ies) to the Chief of Police, or his/her designee, and the City's Risk Division. Upon
issuance by the insurer, broker, or agent of a notice of cancellation, change or reduction in
coverage, Tow Operator shall file with the Chief of Police, or his/her designee, and the City's Risk
Division, a new certificate and all applicable endorsements for such policy(ies).
The General Liability, Automobile Liability and Garagekeepers Legal Liability insurance policies
shall be written on an occurrence form and shall name City, its officers, officials, agents, employees
and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Tow
Operator's insurance shall be primary with respect to the City, its officers, officials, employees,
agents and authorized volunteers with no contribution required of City. Any Workers' Compensation
insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents,
c)
D)
3
employees and authorized volunteers. Tow Operator shall have furnished City with the certificate(s)
and applicable endorsements for ALL required insurance prior to City's execution of the Agreement.
E) The fact that insurance is obtained by Tow Operator shall not be deemed to release or diminish the
liability of Tow Operator, including, without limitation, liability under the indemnity provisions of this
Agreement. City shall apply to all claims and liability regardless of whether any insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by Tow Operator. Approval or purchase of any insurance contracts or policies shall in no
way relieve from liability nor limit the liability of Tow Operator, its principals, officers, agents,
employees, persons under the supervision of Tow Operator, vendors, suppliers, invitees,
consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of
them.
F) Upon request of City, Tow Operator shall immediately furnish City with a complete copy of any
insurance policy required under this Agreement, including all endorsements, with said copy certified
by the undenvriter to be a true and correct copy of the original policy This requ irement shall survive
expiration or termination of this Agreement.
G) lf at any time during the life of the Agreement or any extension, Tow Operator fails to maintain the
required insurance in full force and effect, all work under this Agreement shall be discontinued
immediately until notice is received by City that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory to City
Any failure to maintain the required insurance shall be sufficient cause for City to terminate this
Agreement.
H) lf Tow Operator should subcontract all or any portion of the work to be performed, Tow Operator
shall require each subcontractor to provide insurance protection in favor of the City, its officer,
officials, employees, agents and authorized volunteers in accordance with the terms of each of the
preceding paragraphs, except that the subcontractors certificates and endorsements shall be on file
with the Tow Operator and City prior to the commencement of any work by the subcontractor.
14. Bills and Liens
Tow Operator shall pay promptly all indebtedness for labor, materials, and equipment used in performance of
the work. Tow Operator shall not permit any lien or charge to attach to the work or the premises, but if any does
so attach, Tow Operator shall promptly procure its release and indemnify, defend, and hold City harmless and
be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related
thereto.
15. Chanqe of Control
Tow Operator agrees that if there is a change or transfer in ownership or control of the Tow Operator's business
prior to completion of this Agreement, unless such change or transfer is to "immediate family" as defined in
Fresno Municipal Code (FMC) section 3-101(e) and approved in writing by the Chief of Police, or his/her
designee, such change or transfer shall terminate this Agreement This includes but is not limited to changes in:
Corporate Board Members, Managers, Directors, Treasurer, Trustees, or ownership interests All changes or
transfers to "immediate family" must be approved by the Chief of Police or his/her designee, prior to such
change or transfer in order for the Tow Operator to remain on the tow services list. Final written approval or
disapproval for the change or transfer in ownership or control will be given by the Chief of Police or his/her
designee. All "immediate family" members involved in the potential transfer and operation of the Tow Operator
shall be required to undergo a background check, review, and "Livescan" fingerprint screening. The "immediate
family" members involved in the change or transfer of ownership or control must also possess and keep current
all licensing certificates and insurance as required in this Agreement. The 'immediate family" members who will
operate or otherwise be legally responsible for the Tow Operator will be required to execute a new TSA.
A) Tow Operator owners shall be directly involved in the day-to-day operations of their
business and shall not be directly involved in the towing-related business of any other tow
company on, or applicant for, the Tow Rotation List. Co-mingling of operations, business,
offices, board members, and finances is strictly prohibited.
B) lf terminated or suspended, Tow Operator and/or its owner at the time of the suspension or
termination, shall not be eligible for a rotation listing for the duration of the suspension or
termination This section applies to the Tow Operator working in any capacity within any tow
4
business or operating any tow business and to the tow business even if operated under new
ownership.
C) Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow
Rotation List, excluding equipment which may be unavailable due to repairs or when there is a need
for equipment replacement and written approval is obtained from the Chief of Police or his/her
designee.
16. Force Maieure
Tow Operator shall not be in breach of this Agreement caused by any act of God, war, civil disorder,
employment strike or other cause beyond its reasonable control, provided Tow Operator gives written notice of
the cause of the delay to City within thirty-six (36) hours of the start of the delay and Tow Operator avails itself of
any available remedies
17. Confidentialitv
Tow Operator agrees to maintain the confidentiality of all City and City-related records and information pursuant
to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term
of this Agreement. All such records and information shall be considered confidential and kept confidential by
Tow Operator and Tow Operator's staff, agents and employees.
18. Compliance with Laws
Tow Operator represents and warrants that services to be provided under this Agreement shall fully comply, at
Tow Operator's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and
regulations, including, but not limited to those issued by City in its governmental capacity and all other laws
applicable to the services at the time services are provided to and accepted by City. Tow Operator
acknowledges that City is relying on Tow Operator to ensure such compliance (collectively Laws). Tow Operator
agrees that it shall defend, indemnify and hold City and City lndemnitees harmless from all liability, damages,
costs, and expenses arising from or related to a violation of Laws.
19. Pricinq
The Agreement price shall include full compensation for providing all required services in accordance with the
Scope of Work attached to this Agreement, and no additional compensation will be allowed therefore, unless
otherwise provided for in this Agreement. Tow Operator shall pay the City Franchise Fees as listed in
Attachment "8", or "City Administrative / Franchise Fees", in accordance with Paragraph 25 of Attachment "4"
20. Terms and Conditions
Tow Operator acknowledges that the undersigned has read and agrees to all terms and conditions included in
this Agreement.
21. Severabilitv
lf any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired or invalidated thereby.
22. Calendar Davs
Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless
otherwise expressly provided.
23. Attornev Fees
lf either party is required to commence any proceeding or legal action to enforce any term, covenant or condition
of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other
party its reasonable Attorney's fees and legal expenses.
24. lnterpretation
This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in
the matters dealt with in this Agreement. ln addition, each party has been represented by experienced and
knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel
despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have
not been influenced to any extent whatsoever in executing this Agreement by any other party hereto or by any
person representing them, or both. Accordingly, any rule or law (including California Civit Code section 1654) or
legal decision that would require interpretation of any ambiguities in this Agreement against the party that has
5
drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable
manner to affect the purpose of the parties and this Agreement.
25. Authoritv
The parties to this Agreement represent and warrant that this Agreement has been duly authorized and
executed and constitute the legally binding obligation of their respective organization or entity, enforceable in
accordance with its terms.
26. Emplovee Eliqibilitv Verification
Tow Operator warrants that it fully complies with all Federal and State statutes and regulations regarding the
employment of aliens and others and that all its employees performing work under this Agreement meet the
citizenship or alien status requirement set forth in Federal statutes and regulations. Tow Operator shall obtain,
from all employees performing work hereunder, all verification and other documentation of employment eligibility
status required by Federal or State statutes and regulations including, but not limited to, the lmmigration Reform
and ControlAct of 1986, I U.S.C. 51324 et seq., as they currently exist and as they may be hereafter amended.
Tow Operator shall retain all such documentation for all covered employees for the period prescribed by the law.
Tow Operator shall indemnify, defend with counsel approved in writing by City, and hold harmless, City, its
agents, officers, and employees from employer sanctions and any other liability which may be assessed against
Tow Operator or City or both in connection with any alleged violation of any Federal or State statutes or
regulations pertaining to the eligibility for employment of any persons performing work under this Agreement.
27. Additional Terms and Conditions
A) Term of Agreement: This Agreement shall commence on December 28, 2014, and shall be
effective for three (3) years from that date, unless otherwise terminated by City.
B) Fiscal Appropriations: This Agreement is subject to and contingent upon applicable budgetary
appropriations being made by the City for each year during the term of this Agreement. lf such
appropriations are not forthcoming, the Agreement will be terminated without penalty. Tow
Operator acknowledges that funding or portions of funding for this Agreement may also be
contingent upon the receipt of funds from, and/or appropriation of funds by City. lf such funding
and/or appropriations are not forthcoming, or are otherwise limited, City may immediately terminate
or modify this Agreement without penalty.
C) Gonflict of lnterest (Tow Operator): Tow Operator shall exercise reasonable care and diligence to
prevent any actions or conditions that result in a conflict with the best interest of City. This
obligation shall apply to Tow Operator, Tow Operatofs employees, agents, relatives, and third
parties associated with accomplishing the work hereunder Tow Operator's efforts shall include but
not be limited to, establishing precautions to prevent its employees or agents from making,
receiving, providing, or offering gifts, entertainment, payments, loans, or other considerations which
could be deemed to appear to influence individuals to act contrary to the best interest of City
D) Tow Operator Work Hours and Safety Standards: Tow Operator shall ensure compliance with all
safety and hourly requirements for employees, in accordance with federal, state, and City safety
and health regulations and laws.
E) Orderly Termination: Upon termination or other expiration of this Agreement, each party shall
promptly return to the other party all papers, materials, and other properties of the other held by
each for purposes of execution of the Agreement. ln addition, each party will assist the other Party
in orderly termination of this Agreement and the transfer of all aspects, tangible and intangible, as
may be necessary for the orderly, non-disruptive business continuation of each party
F) Reprocurement Gosts: ln the case of default by Tow Operator, City may procure the service from
other sources and, if the cost is higher, Tow Operator will be held responsible to pay City the
difference between the Agreement cost and the price paid. City may make reasonable efforts to
obtain the prevailing market price at the time such services are rendered. This is in addition to any
other remedies available under law.
G) Authorization Warranty: Tow Operator represents and warrants that the person executing this
Agreement on behalf of and for Tow Operator is an authorized agent who has actual authority to
bind Tow Operator to each and every term, condition, and obligation of this Agreement and that all
requirements of Tow Operator have been fulfilled to provide such actual authority.
6
28.
H) Notices: Any and all notices permitted or required to be given hereunder shall be deemed duly
given (l) upon actualdelivery, if delivery is by hand; or (2) upon delivery by the United States mail if
delivery is by postage paid registered or certified return receipt requested mail; or (3) through
electronic means such as, email or the Dispatch & Tracking Solutions Software System (DTS).
l) Data - Title to: All materials, documents, data or information obtained from City data files or any
City medium furnished to Tow Operator in the performance of this Agreement will at all times remain
the property of City. Such data or information may not be used or copied for direct or indirect use
by Tow Operator after completion or termination of this Agreement without the express written
consent of City. All materials, documents, data or information, including copies, must be returned to
City at the end of this Agreement.
J) Usage: No guarantee is given by City to Tow Operator regarding usage of this Agreement. Usage
figures, if provided, are approximate, based upon the last usage. Tow Operator agrees to supply
services and/or commodities requested, as needed by City, at prices listed in the Agreement,
regardless of quantity requested.
K) Tow Operator's Records: Tow Operator shall keep true and accurate accounts, records, books
and data which shall correctly reflect the business transacted by Tow Operator in accordance with
generally accepted accounting principles. These records shall be stored at the Tow Operators
principal place of business for a period of three (3) years after final payment is received by City.
L) Audits/lnspections: Tow Operator agrees to permit City's authorized representative (including
auditors from a private auditing firm hired by City) access during normal working hours to all books,
accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose
of auditing or inspecting any aspect of performance under this Agreement. The inspection and/or
audit will be confined to those matters connected with the performance of the Agreement including,
but not limited to, the costs of administering the Agreement. City reserves the right to audit and
verify Tow Operator's records before or after final payment is made.
Tow Operator agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of records retention is stipulated under this Agreement or
by law. Tow Operator agrees to allow interviews of any employees or others who might reasonably
have information related to such records. Further, Tow Operator agrees to include a similar right to
City to audit records and interview staff of any sub-Tow Operator related to performance of this
Agreement.
M) Should Tow Operator cease to exist as a legal entity, Tow Operator's records pertaining to this
Agreement shall be forwarded to the Chief of Police or his/her designee.
Disputes-Aqreement
A) The Parties shall deal in good faith and attempt to resolve potential disputes informally.
1) Tow Operator shall submit to the Chief of Police, or his/her designee, a written demand for a
final decision regarding the disposition of any dispute between the parties arising under,
related to, or involving this Agreement, unless City, on its own initiative, has already rendered
such a final decision.
2) Tow Operator's written demand shall be fully supported by factual information, and, if such
demand involves a cost adjustment to the Agreement, Tow Operator shall include with the
demand a written statement signed by a senior official indicating that the demand is made in
good faith, that the supporting data are accurate and complete, and that the amount
requested accurately reflects the Agreement adjustment for which Tow Operator believes City
is liable.
B) Pending the final resolution of any dispute arising under, related to, or involving this Agreement,
Tow Operator agrees to diligently proceed with the performance of this Agreement. Tow Operator's
failure to diligently proceed shall be considered a material breach of this Agreement.
C) Any final decision of City shall be expressly identified as such, shall be in writing, and shall be
signed by the City Hearing Administrative Officer, or Chief of Police, or his/her designee, as
applicable. lf City fails to render a decision within ninety (90) days after receipt of Tow Operator's
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demand, it shall be deemed a final decision adverse to Tow Operator's contentions. City's final
decision shall be conclusive and binding regarding the dispute unless Tow Operator commences
action in a court of competent jurisdiction.
29. Breach of Aqreement
The failure of the Tow Operator to comply with any of the provisions, covenants or conditions of this Agreement
shall be a material breach of this Agreement. ln such event the City may, and in addition to any other remedies
available at law, in equity, or otherwise specified in this Agreement, undertake any of the individual actions or
any combination of the following actions:
1) Afford the Tow Operator written not¡ce of the breach and ten calendar days or such
shorter time that may be specified in this Agreement within which to cure the
breach;
2) Suspend and/or remove Tow Operator from the rotation;
3) Terminate the Agreement immediately, without any penalty.
*lf a corporation or limited liability company, the document must be signed by two corporate officers. The first signature
must be either the Chairman of the Board, President, or any Vice President. The second signature must be the
secretary, an assistant secretary, the Chief Financial Officer, or any assistant treasurers. ln the alternative, a single
signature is acceptable when accompanied by a corporate document demonstrating the legal authority of the
signature to bind the company.
CITY OF FRESNO.
Date:
ATTEST.
WONNE SPENCE, CMC
City Clerk
By:: Date:
The Parties hereto have executed this Agreement
wNr?r-l æp.9,
Dyer.of
APPROVEÚAS TO FORM
DOUGLAS T. SLOAN
8
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ATTACHMENT A
SGOPE OF WORK
1. Scope of Work
Tow Operator shall perform the towing, and storage of vehicles as directed by the City, and in addition, such
other services as provided in this Scope of Work, and shall provide necessary storage facility, tow vehicles,
labor, materials, equipment, machinery, and tools The Tow Operator shall comply with all State laws and
regulations, applicable to tow units and impound, towing, storage, selling or junking of vehicles. Tow operators
must follow all guidelines set forth by equipment manufactures recommendations as to their use and care of all
towing related equipment. All permits and licensing fees as specified under California Vehicle Code (CVC)
sections 34620 through 34624 shall be in fullforce and effect at all times during this Agreement. Any violation of
this section will be considered a material breach of the Agreement and may result in immediate termination of
this Agreement.
2. Towing Services and Duties
It shall be the duty of the Tow Operator, when so directed by the City, to provide prompt tow service for vehicles
which are taken into custody by the City. This includes vehicles involved in collisions or disabled by any other
cause, abandoned in public places or on private property. Vehicles impounded for evidence, impeding the flow
of traffic, or which for any other reason, are within the jurisdiction of the FPD. As required by law, Tow
Operators are to remove from the street all debris resulting from said collisions and to clean the immediate area
of such street (CVC section 27700(a)(1)). lt shall also be the duty to provide for the safety and security of those
vehicles and the contents thereof. These duties are inherent to the job and are to be included in the price of the
basic tow bill.
The tow truck operator shall provide a business card to the registered owner or driver for the vehicle being
towed. The business card shall contain the name, address and phone number of the tow company as well as
the link to the vehicle search system in DTS as follows. www.findmytow.com
Tow truck operators and/or drivers will not be permitted to drive an impounded or recovered stolen vehicle or
vehicle intended for storage from a FPD rotation call or special operation. Any exceptions must be at the
direction of the FPD officer in charge of the scene and should be limited to repositioning the vehicle to allow for
towing.
The City has designated two (2) tow companies for evidence impound tows and no other rotation tow company
shall maintain custody over these vehicles at any time. lf an officer impounds a vehicle for evidence and a non-
preference rotational tow is dispatched, it is the responsibility of the tow driver to verify with the officer on scene
as to whether a vehicle is to be held for evidence. lf it is determined that the vehicle is to be held for evidence,
the tow driver must immediately notify the officer on scene that the company is not authorized to handle
evidence impounds and an evidence tow company shall be dispatched. Tow Operator shall then contact the
Tow Unit on the same business day, or within the next business day if such tow occurs after regular business
hours. Acceptance of an evidence tow by a non-designated evidence tow company will result in disciplinary
action and full financial responsibility for all tow and storage fees for each violation.
lf terminated or suspended, Tow Operator and/or owner at the time of the suspension or termination, shall not
be eligible for a rotation listing for the duration of the suspension or termination. This provision applies to the
Tow Operator working in any capacity within any tow business or operating any tow business and to the tow
business even if operated under new ownership.
Tow Operator shall not share equipment with any other tow company on, or applicant for, the Tow Rotation List,
excluding equipment which may be unavailable due to repairs or when there is a need for equipment
replacement and written notice has been obtained from FPD.
3. SpecialOperations
FPD conducts special operations coordinated through the Traffic Bureau throughout the year that requires tow
companies at the location of the special operation. Tow companies on the Tow Rotation List that are in good
standing with FPD may be invited to participate in these operations, provided they are willing to remain with the
special operation until its conclusion and forfeit any rotational tow calls (FPD, California Highway Patrol, or
other) received during the duration of the operation. "Good standing" shall mean that Tow Operator has not
violated, or is not in violation of the terms of this Agreement, the provisions of the FMC, State, or Federal law.
All special operations tows will be subject to the provisions of this Agreement. Tow Operator shall respond to a
9
special operation with a flatbed tow truck with the capability of towing (2) vehicles. No ride alongs will be allowed
on any special operations unless the ride along is the Tow Owner or a Tow Driver who is in training and has
been approved by FPD.
4. Signaqe and hours of Operation
The storage yard or business office shall have a sign that clearly identifies it to the public as a towing service.
The sign shall have letters that are clearly visible to the public from the street and must be visible at night. All
storage facilities must be accessible to City personnel twenty-four (24) hours per day and seven (7) days per
week. The ïow Operator will provide customer service twenty-four (24) hours per day and seven (7) days per
week for the release of vehicles
Tow Operator shall provide at least one person at a call station to respond and release vehicles within thirty (30)
minutes. Tow Operator shall maintain all signage required pursuant to CVC sections 22850.3 and 22651 07
and include an after-hours contact phone number for Tow Operator.
5. Response Time
Tow Operator shall respond to calls twenty-four (24) hours a day, seven (7) days a week, within the maximum
response time limits as established by the Chief of Police or his/her designee. A reasonable response time is
thirty (30) minutes or less, except during peak hours of 7:00 a.m. to 9:00 a.m. and 4:00 p m to 6:00 p.m.,
(Monday through Friday), when the required response time will be extended to forty-five (45) minutes or less
Tow Operator shall respond with a tow truck of the class required to tow the vehicle specified by the DTS
System.
6. Non-Response
The Tow Operator shall update the DTS System at the time of dispatch to a tow rotation request. lf the Tow
Operator is either unable to respond or unable to meet the maximum response time, the tow operator shall
immediately update the DTS System accordingly. lf, after accepting the call, the Tow Operator is unable to
respond or will be delayed in responding, the Tow Operator shall immediately update the DTS system
accordingly.
To decline or refuse to respond will be considered a non-response. Each non-response will be immediately
documented in the DTS System. Each non-response will be logged by the DTS System and reviewed by the
City. lf the fault for the non-response is attributed to other than the Tow Operator, the Tow Operator will be
placed back in the rotational list and called at the next opportunity in line.
One such breach, determined to be the fault of the Tow Operator, will be grounds for written reprimand which
may be subsequent to a meeting between the Tow Operator and the City. A second breach may be grounds for
a (30) thitty-day suspension of this Agreement. A third violation will be considered a material breach of the
Agreement and may result in immediate termination of this Agreement.
ln the case of suspension or termination, all vehicles then in storage at the time of the suspension or termination
remain protected under this Agreement as City's impounds and the Tow Operator is so bound. The City will
have the option to remove andlor transfer stored vehicles.
When a Tow Operator will be temporarily unavailable to provide services due to preplanned/scheduled activity,
such as a vacation, maintenance, medical leave, etc., the Tow Operator will notify City in writing via the DTS
system at least forty-eight (48) hours in advance. City reserves the right to deny these requests to maintain
adequate service levels for tow operations. Failure to notify the City will be considered a non-response and a
material breach of this agreement
7. StoraqeResponsibilities
It shall be the duty of the Tow Operator to provide impound and other storage service for allvehicles as directed
by the City. The Tow Operator shall be responsible for all vehicles, accessories and equipment thereon and all
personal property therein stored by Tow Operator. lt shall be the Tow Operators' duty to protect such stored
vehicles, accessories, equipment, and property against all loss or damage by fire, theft or other causes. The
Tow Operator will have available for review by City personnel, all permits and proof of compliance to all local
zoning, special use, conditional use and special requirements, laws and regulation. lt is the responsibility of the
Tow Operator to ensure vehicles are stored in a secured facility.
8. Size and Location of Storaqe Facilitv
The tow yard shall be located within the City of Fresno's "Metropolitan Area." Metropolitan area is defined as
within the borders of Copper Avenue to the north, American Avenue to the south, DeWolf Avenue to the east
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and Chateau Fresno to the west. Tow Operator shall be responsible for the security of vehicles and property at
the place of storage. At a minimum, a six (6) foot fence or enclosed secured area is required for outside
storage. A minimum of 5,000 square feet, or room for twenty (20) vehicles, shall be provided. All tow yards
located with the City of Fresno shall be in compliance with the FMC, current Directors Class #208 and shall
follow the current Development and Resource Management Department's Policy and Procedure C-002. lf the
tow facility is located outside the City of Fresno, the tow operator is required to provide written proof that the
yard is in compliance with the authorizing jurisdiction. Tow Operator is responsible for the reasonable care,
custody, and control of any property contained in towed or stored vehicles. The storage facility and business
office will be located at the primary storage yard and shall be maintained in a functional, clean and orderly
fashion. The facility shall have a telephone, on-site fax machine and the necessary computer equipment to
properly run DTS software and to send and receive email.
ln the event of criminal activity at a storage facility, the City may require the Tow Operator to take measures to
assist in preventing such crimes. These measures could include, but are not limited to: the yard being
illuminated during darkness, with security type lighting, to such a degree that visual observation of the entire
yard may be accomplished at all times, improved fencing and/or security patrols.
All vehicles stored or impounded as a result of a tow ordered by the City shall be towed directly to a towing
service storage lot unless the City, or in the case of a citizen's assist, a person legally in charge of the vehicle,
requests that it be taken to some other location.
All vehicles towed as a result of action taken by the City will be stored at the Tow Operator's principal place of
business unless directed othenryise by the City's Tow Coordinator. Vehicles stored at an auxiliary storage facility
will be considered a breach of this Agreement. The Tow Operator shall not remove personal property from a
stored vehicle. lf the registered owner removes personal property from a stored vehicle, the Tow Operator will
maintain documentation of such and will require a signed receipt from the registered owner for property
released. The Tow Operator shall immediately notify the City if any contraband, weapons or hazardous
materials are found in the vehicle(s).
9. Enclosed Facilitv
The Tow Operator may maintain, without charge to the City or any other person, separate and enclosed garage
facilities no less than '1,000 square feet of clean working space. The facility must be constructed to include a
roof and at least four walls of substantial design to withstand the elements and protect the vehicles from the
weather. The facility should have a concrete floor and sufficient lighting This inside facility must be located at
the Tow Operator's primary storage yard. This inside facility is not required to qualify for the City's rotation,
however, when inside storage is requested for a particular vehicle, the next Tow Operator in line meeting the
needs of the City's request will be used.
10. DTS Requirements
Tow Operator shall utilize the most recent, updated and upgraded DTS software program, to dispatch and track,
via a web-based lnternet connection. Tow Operators will be required to enter the towed vehicle information as
instructed by the City At no time will a vehicle be released, subject to lien, or junked from impound without all
required data fields being entered into the DTS system by the Tow Operator The Tow Operator shall clearly
identify and enter into DTS the name of the person to whom the vehicle was actually released. All City tow
requests shall be made utilizing this program Failure at any time to have the DTS program in full operation shall
cause the immediate removal of the Tow Operator from the tow rotation and be grounds for immediate
termination by City. Tow Operator must enter into a separate agreement, or license for the DTS software
program with the owner of that proprietary software. The City shall not provide the DTS software program, any
licensing or sub-licensing thereof or any intermediary services for the procurement by Tow Operator of the DTS
software program. This Agreement shall not be executed by the City until Tow Operator has demonstrated to
the City's satisfaction compliance with the requirements set forth herein. Tow Operator shall be liable for all
fees, charges, prices, rates and service charges required from DTS. DTS shall be utilized in "real time" and all
entries should reflect as such. lnvoices shall be used from DTS when releasing vehicles and be pursuant to
section 22651.07 of the CVC. The only Tow Operator personnel authorized to utilize and access DTS are those
that have fully complied with the provisions set forth in Section 12, "f ow Operator Personnel" of this Agreement.
lf the Tow Operator is not in FULL compliance with the above stated requirement, the Tow Operator will be
removed from the City towing rotation. ln the event that DTS fails to provide software services, or the City elects
to utilize a new software provider, the Tow Operator will be required to use the replacement towing software
system. lf that occurs, all references to DTS in this Agreement shall instead be interpreted as references to the
new software program.
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11. Official Notification bv Citv Reqardinq Tow
Official notification by City regarding tow services is considered any form of written, email, verbal instructions or
notifications received from an authorized City employee or electronic notice from the DTS program lf the Tow
Operator receives verbal instructions or notifications from a City employee the Tow Operator must respond to
City, by 5:00 p.m. (PST) on the next business day.
12. Tow Operator Personnel
A.) Conduct
The Tow Operator shall perform the services required of it in an ethical, orderly manner, endeavoring to
obtain and keep the confidence of the public. At no time will the Tow Operator or its agent or any
employee of the Tow Operator exhibit any of the following behavior: rudeness, or othenruise being
uncooperative, argumentative, threatening, incompetent or acting in a dangerous manner with any City
employee, or with any member of the public The City reserves the right to cancel an individual tow
assignment, if in the opinion of the City, the Tow Operator is acting in a rude, uncooperative,
argumentative, threatening, incompetent or dangerous manner. The City also reserves the right to cancel
an individual tow assignment if in the opinion of the City the Tow Operator is likely to damage the vehicle
for which the tow service was called. Other examples of unacceptable behavior include but are not limited
to: profanity, abusive language, disconnecting telephone calls for public inquiries regarding a tow,
threatening, aggressive, or assertive language, failure to provide timely information or documents in
response to a public or City inquiry lack of respect to any City personnel or member of the public,
destruction or damaging of evidence, failure to comply with the reasonable request of a member of the
public, failure to release vehicle in a timely manner, failure to make appointment for release of vehicle
during evening or weekend hours, failure to promptly be on site at time of appointment for release of
vehicle during evening or weekend hours, impeding an investigation or any other conduct which the City
deems unprofessional.
lf the Tow Operator is found to be in violation of this conduct clause, the City will cancel the Tow Operator
and request the next Tow Operator in rotation. Any such behavior as set forth above shall be considered
a material breach of this Agreement and may be grounds for immediate suspension or immediate
termination by the City, without penalty.
B.) PersonnelAppearance
Tow Operators shall be required to furnish their employees with a distinctive company uniform. Each
uniform shall have the firm's name, as well as the employee's name, in a conspicuous place. The tow
company's name and driver's first name shall be clearly visible at all times, meaning that protective or
inclement weather outer garments must meet this standard Each employee shall have sufficient uniforms
so as to maintain a neat, clean appearance at all ttmes Minimum requirements for uniforms include a
shirt, long pants, and appropriate safety shoes. All drivers shall be in uniform before any towing or service
operation begins. No wording, designs, photos, gestures, or anything that could be considered offensive
or obscene to the general public shall be displayed by the Tow Operators or on any part of the uniform
Dress standards are required in order to project a professional and positive image to the public
All employees must be neat, clean and well groomed in appearance ln order to ensure a professional
appearance, all tattoos must be concealed by operators while working. Personnel will be required to
conceal any tattoos with gloves, collars, long sleeves or by other means acceptable to the City. Facial
tattoos of any variety are not permitted No facial piercings shall be worn while on duty
Drivers shall wear safety vests or reflectorized clothing that conforms to Occupational Safety and Health
Administration (OSHA) requirements. Alternatively, the OSHA safety requirements may be incorporated
into the uniform, jacket, or rain gear, as long as these items are worn as the outermost garment.
C.) UnlawfulActivity
The Tow Operator or it's employees shall not be involved, nor shall the Tow Operator or its employees
become involved in any agreement or activity whether verbal, written or conveyed in any other manner,
any activity or business venture which may be construed as unlawful. lf the City deems the involvement
to be unlawful, the City may immediately terminate this Agreement.
The Tow Operator shall not provide any direct or indirect commission, gift or any compensation to any
person or public or private entity, in consideration of arranging or requesting the services of a tow truck as
provided in section 12110 of the CVC
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No Tow Operator will be involved or solicit any compensation of any kind including but not limited to
involvement with any other company or business that might result in income or consideration as a result of
any activity initiated by the City.
An example of such a prohibited involvement could include but is not limited to: financial reimbursement
by auto-body repair business for referrals, or towing directly from the scene of a collision to the auto-body
shop without prior unsolicited approval or request by the registered owner, driver or insurance company
representative of the damaged vehicle; kickback to or from a security company or homeowner's
association for "finding" or towing a vehicle from a location, whether private property, public, off street
parking facility or a public roadway. Violation of this provision shall be grounds for immediate termination
by City, without penalty.
D.) Personnel Licenses
Tow Operators providing services under this Agreement, including tow truck drivers, dispatchers and other
office personnel, will have sufficient knowledge, experience and capability to ensure safe and proper
discharge of their service responsibilities. lt will be the responsibility of the Tow Operator to ensure that all
of its personnel will be properly licensed in accordance with sections 12500, 12520, and 12804 9 of the
CVC. All tow truck drivers and tow truck operators shall be enrolled in the "Pull Notice" program as defined
in CVC section1808.1 et seq.. Drivers must complete a CHP approved Tow Operator Course every five
(5) years and copies of completion of the course shall be sent to the City. All Tow Operators and
personnel shall have no criminal record which would preclude them from being placed in a position of trust
while in the service of a law enforcement agency or any crime listed below under the heading of "Criminal
Record."
E ) Fingerprints
All owners and employees who have not previously submitted their "LiveScan" fingerprint samples shall
submit their "LiveScan" fingerprint samples, at their own expense, through the City prior to being awarded
this Agreement, for the purposes of verifying their criminal history with the Department of Justice.
Failure to provide information regarding the identity of the owner, employee, or anyone else with a
financial interest in the Tow Operator will result in termination of this Agreement The Tow Operator will
provide the City with information regarding any change in employee status immediately and update DTS
to reflect such changes. Failure to comply may result in further disciplinary action, and will be considered
a breach of this Agreement.
After execution of this Agreement, no person shall be employed by the Tow Operator or perform any
service under this Agreement until the background record check and "LiveScan" is completed and
approved by the City and said employee has received their identification badge from the City.
Notwithstanding the foregoing, Tow Operators and owners that have towed for the City under the previous
Tow Service Agreement and have completed a new background and "LiveScan" check will be allowed to
continue to tow for the City until such time as the results of the background and "LiveScan" submissions
are reviewed and approved by the City.
Any employee of the Tow Operator that has left employment with said Tow Operator and returned and
been rehired must complete an additional background check before performing services pursuant to this
Agreement
F.) Criminal Record
A conviction of anyone with a financial interest in the Tow Operator, or any employee of the Tow Operator,
including but not limited to any of the folfowing offenses, may be cause for denial of application or
termination of this Agreement:
. Any crimes listed in California Penal Code section 290. DUI-Within 5 years of the Date of Fingerprinting
. Vehicle theft. Fraud
. Stolen Property. Crimes of Violence. Any felony crime relating to narcotics or any controlled substance. Any other crimes enumerated in CVC section 2432.3
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. Actively on parole or on any form of probation
. Crime of moral turpitude. Sex, Arson, Narcotics Registrant
. Other felony conviction
The City is not required to provide any reason, rationale or factual information in the event it elects to deny
application or remove any of Tow Operator's personnel from providing services for the City under this
Agreement. Tow driver or employee applicants denied under this section may appeal to the Chief of
Police or his/her designee. All decisions by the Chief of Police, or his/her designee, are final.
ln the event the Tow Operator or employee is convicted or is under investigation, the Tow Operator may
be given the opportunity to replace that employee without prejudice to the Agreement. Nothing shall
prohibit the City from removing, suspending or terminating the Agreement. lt will be the responsibility of
the Tow Operator to provide the City with updated information regarding any illegal activity, arrest(s) or
conviction of any Tow Operator and/or employee For the purpose of this section, any conviction or plea
of guilty or nolo contendre, even to any lesser-included offense, are considered convictions Failure to
provide information regarding the identity of the employee, or anyone else with a financial interest in the
Tow Operator will result in termination of the Agreement. Failure to provide information to the City of any
information regarding the conviction of any of the above crimes may also result in termination of the
Agreement
G.) ldentificationBadges
Each tow truck driver or employee of the Tow Operator shall wear, in plain view an identification badge,
authorized and issued by the City to that employee, while on any call for service where the City is
involved. lf a tow truck driver responds to a scene without his authorized name badge, the tow truck
driver will be dismissed from the scene and the next Tow Operator in rotation will be called Failure to
carry an identification badge will be considered a violation as stated in Section 31, "Disciplinary Action," of
this Agreement. The purpose of these badges will be to identify those employees of the Tow Operator
who have been fingerprinted by the City and have passed the record check by the Department of Justice.
All identification badges are the property of the City and will be returned by the Tow Operator to the City
within forty-eight (48) hours of an employee's separation. Tow Operator will provide a current list of all
staff including drivers, dispatchers, etc. Anytime there are any changes to this list, the City is to be notified
by the next business day and provided with an updated and current list.
13. Tow Operator Licensinq and Certification
All licensing and certifications required by Federal, State and local authorities shall be maintained current and
valid at all times as required in CVC sections: 34507.5,34600 et seq, 34620, and 12111, and sections 7231 eI
seq, of the California Revenue and Taxation code. Failure to have any required license or certification, including
any driver who fails to have an appropriate class of license, may be grounds for immediate termination by City
without penalty.
14. lnspection
All real property and improvements thereon, and all vehicle facilities, equipment and materials used by the Tow
Operator in the performance of the services required herein shall be open to inspection by the City or its
authorized representative, and will be subject to no less than one annual inspection. Additional inspections may
be conducted without notice during normal business hours. lnspections may include, but are not limited to, all
books accounts, records, reports, files, financial records, supporting documentation, including payroll and
accounts payable/receivable records, and other papers or property of Tow Operator for the purpose of auditing
or inspecting any aspect of performance directly related to this Agreement. ln the event that the City determines
that the real property and improvements thereon are insufficient, derelict or fail to meet the requirements as
called out in this Agreement, this Agreement may be terminated by City immediately, without penalty.
15. Vehicle and Equioment Requirements
Tow vehicles will be maintained in compliance with sections 24605, 25253, 25300, 27700 and 27907 of the
CVC. Tow vehicles will be of at least 14,000 lbs. GVWR with dual rear wheels, with the ability to tow two (2)
vehicles, or a vehicle and/or a trailer. Tow vehicles must have two-way communication capabilities and the
ability to communicate and connect with the DTS System at all times The Tow Operator shall have equipment
capable of towing from off-road areas, towing from underground facilities, and recovery services with an
adjustable boom with at least five tons of lifting capacity. ln addition to the conventional wheel lift towing
capabilities, the Tow Operator shall maintain at least one or more flatbed or rollback trucks with a minimum of
fifty (50) feet of cable, and the required safety equipment. Unless otherwise specified by the City, all Tow
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Operators shall respond to a tow service request with a flatbed or rollback truck as specified above. At the
discretion of the tow operator, a wrecker may be used to respond to a tow service request. lf for any reason the
Tow Operator is unable to complete the tow service request with the wrecker, the Tow Operator will not be
placed back on the top of the rotation list and a new Tow Operator will receive the tow service request.
A 3-axle or 25{on truck is not required equipment. However, Tow Operators that possess this equipment will be
placed on a heavy-duty tow rotation list
All trucks must have the required emergency lighting, portable stop and tail lamps, a broom, shovel, fire
extinguisher (rating 4-8, C), a utility light, reflective triangles, a large pry-bar covered trash cans with approved
absorbent, rags, unlocking equipment, dollies (boom trucks), chains, and/or tie downs.
Wheel lift trucks will maintain at least 100 feet of cable and all safety equipment as required by the
manufacturer.
Tow vehicles must have a cable winch of sufficient size and capacity to retrieve vehicles that have gone off
traveled portions of roadways into inundated areas or other inaccessible locations. Winches must have visible
lD tags designating the model, make, serial number, and rated capacity.
All tow trucks used in City tows will be subject to a yearly inspection. This does not preclude the City from
conducting random inspections throughout the year.
16. Vehicleldentification
Tow vehicles shall display identification signs in compliance with section 27907 of the CVC. The Tow Operator
shall not display any sign or advertising material that indicates that his tow vehicles are an official police service
of the City.
17. Charqes and Fees to be collected from Reqistered Owners
All rates and charges shall be conspicuously posted in the office and in all tow vehicles. These rates shall quote
complete charges and fees with no additional fees to be added at a later date. These rates will be available for
review by City personnel and/or the person for whom tow service is provided. All fees collected shall be itemized
and invoiced in DTS in accordance to section 22651.07 of the CVC lt will be the Tow Operator's responsibility
to collect his bill for service, and the City will not be responsible in any way for these charges. Storage fees will
be calculated on the calendar day except the first 24-hours which is counted as a single day in accordance with
California Civil Code (CCC) 3068.1 (see Attachment B). All fees listed on the DTS invoice will be received in the
form of major credit card, debit card, or cash. All fees collected, both City and Tow Operator fees, must be
invoiced through the DTS system prior to release and at the time of payment. No credit card fees will be
charged pursuant to CVC section 22651J and CCC section 17481 for any portion of the fees. The City
reserves the right to change all payment methods during the term of this agreement
18. Lien Fees
At no time shall the City be charged a lien fee on a towed or impounded vehicle. No lien shall be attached to
any vehicle that has been impounded by the City until after seventy-two (72) hours from the time of storage as
listed in the DTS system have passed pursuantto section 22851.12 of the CVC All lien transactions must be
entered into the DïS system by Tow Operator. Vehicles sold at lien sale shall abide by all laws relating to lien
sales. A vehicle held in impound by the City for thirty (30) days, shall not be sold at lien until such time as is
considered reasonable to allow the registered owner time to pay for and pick up the vehicle before it is sold at
lien, but under no circumstances before the thirty-fifth (35th) day after storage.
The Tow Operator shall abide by all applicable statutes and ordinances concerning disposal of unclaimed
vehicles, including but not necessarily limited to CVC sections 22670',22851,22851.1,22851.2',228513:
22851.4: 22851.6',22851 .8; 22851.10, 22851 12 and 22852.5.
As described in CVC section 22856, liability for despoliation of evidence shall not arise against the Tow
Operator that sells any vehicle at, or disposes of any vehicle after, a lien sale, as long as the Tow Operator can
show written proof that he was notified in writing by the City that the vehicle would not be needed as evidence in
a legal action. This proof may exist in the form of an official release in the DTS System or any other written
conveyance signed by a member of the City prior to the official, written release of the vehicle.
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19. Reasonableness and Validitv of Fees
Fees charged to the registered owner or any other person for response to calls originating from the City shall be
reasonable and not in excess of those rates charged for similar services provided in response to requests
initiated by any other public agency or private person. During the term of this agreement, the City shall conduct
an annual review each December of towing and storage fees of comparable cities and adjust rates set forth in
Attachment B by the first week of January of the following year.
20. Towinq Operation
All tows performed under this Agreement will be included in the flat rate charge as described in Attachment B
No additional charges shall be charged without prior approval from the City and written notice is provided in the
DTS System. Any unapproved charges received outside the DTS System will result in immediate termination of
this Agreement and removal from the rotation list.
The Tow Operator shall base towing charges upon the class of vehicle being towed regardless of the class of
the truck used, except when vehicle recovery operations require a larger class truck. The Tow Operator may
refer to the tow truck classes and weight ratings as defined by the Towing & Recovery Association of America
(TRAA) vehicle identification guide.
21. Service Call Rotation and Fees
The City shall establish a separate rotation list for Tow Operators willing to respond to service requests (out of
gas, lockouts, tire changes, etc.) Rates for a service requests shall not exceed one-half the flat rate charge for a
light duty truck response.
22. Gate Fees
No gate fees may be charged between 8:00 a m. through 5:00 p.m. Monday through Friday, excluding State
recognized holidays as listed below:
New Year's Day
Martin Luther King Day
Presidents'Day
Cesar Chavez Day
Memorial Day
lndependence Day
Labor Day
Veterans'Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
An after hours gate fee may be charged at all other times. The gate fee is not to exceed fifty percent (50%) of
the flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal
property recovery that occurs outside normal business hours (excluding lien fees, storage fees, taxes, or other
additional fees.) The Tow Operator is responsible for assuring that proper gate fees are charged in accordance
with this section. Over charging gate fees will be considered a major violation as outlined in Section 30
All towing and storage fees charged by the Tow Operator are the responsibility of the vehicle's owner and are
not the responsibility of the City The exception would be evidentiary impounds made at the direction of City
personnel.
23. Cancelled Tow
The City shall not be liable to pay the Tow Operator or anyone else any charge or other fee for a call that does
not result in a chargeable service being rendered by Tow Operator ("Dry Run"). The cancelled Tow Operator
shall be placed back on the top of the rotation list and will receive the next tow in rotation.
24. Towed in Error
ln the event the City determines that an error has occurred in impounding a vehicle, it shall be immediately
released to the registered owner without charge and the Tow Operator will be placed back on the top of the
rotation list and will receive the next tow in rotation. ln addition, the Tow Operator will be given one extra tows
on the rotation list. Additional extra tows may be given at the discretion of the Tow Unit.
25. Release Fees
California law authorizes the recovery of funds required to enforce certain provisions of the CVC and promote
traffic safety on public roadways. This authorization falls under CVC section 22850.5 and further authorized by
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City resolutions These resolutions are open to public view at the City and/or City offices and are on file with the
City's Traffic Bureau. The Tow Operator will collect fees on the behalf of the City from the registered owner,
legal owner or agent of an impounded car.
A City administrative / franchise fee will be charged for the release of a vehicle that has been impounded by the
City. Fees will be established by an independent consulting firm to determine the City's costs associated with
impounding vehicles in accordance with CVC sections 22850.5 and 12110(b). All vehicles impounded will be
charged an administrative / franchise fee for the release of the vehicte. This fee will be established and attached
to each vehicle in the DTS System. The City's administrative fees will be collected at the time of the release by
the Tow Operator. The Tow Operator will pay the City's franchise fees equivalent to the City's administrative
fees for every vehicle that is not picked up by the owner or agent. The Tow Operator will pay the City's
administrative / franchise fees for every City vehicle that was towed during the preceding month and will pay the
City no laterthan'12:00 p.m. on the 15'n of the following month, regardless of the disposition of the vehicle. ln
the event that the 15th of the month falls on one of the State recognized holidays listed in Section 22 above, or a
weekend, the City's administrative/franchise fee must be paid by 12:00 p.m. on the following business day. Tow
Operators who fail to submit the City's administratrve / franchise fees to the City by the 15'n day of each month
will be immediately suspended from rotation until all fees are received, and will be subject to appropriate
disciplinary action and civil recourse The City will keep a strict accounting of these fees through the DTS
System and frequent audits will take place to ensure accurate and timely payment of collected City
administrative / franchise fees. The fee will be listed as an item on the owner's i agent's DTS contractor invoice.
26. UnauthorizedRelease
Unauthorized release of an impounded vehicle, accidental or otherwise, having evidentiary value, not officially
released by the City, and determined to be the fault of the Tow Operator, will result in the issuance of a major
violation as set forth in this Agreement. The determination of such fault will be the responsibility of the City
27. Release of Multi-Dav lmpounds
A vehicle impounded with a multiple day hold may only be released prior to the impound period with written
authorization by the City in the DTS System. The DTS System will automatically schedule the release of an
impounded vehicle
28. Release of Vehicles
Vehicles may only be released through the DTS System Once the DTS System authorizes the release of a
stored or impounded vehicle, it is the Tow Operator's responsibility for the vehicle's release. The Tow Operator
is hereby granted authority to release to the registered owner, legal owner, or authorized representative,
pursuant to section 22850 3 of the CVC At the time of release, the Tow Operator shall have the registered
owner, legal owner, or authorized representative taking possession of the vehicle sign a release indicating that
they are properly licensed and insured to drive a motor vehicle.
29. Disciplinarv Action
The Chief of Police, or his/her designee, shall take disciplinary action against Tow Operators for violations
investigated and sustained. Unless otherwise noted, the Chief of Police, or his/her designee, will determine the
period of suspension and shall retain discretion regarding the length of any suspension imposed pursuant to the
terms and conditions of this Agreement The City shall retain record of violations for at least the term of this
Agreement.
30. Maior violations
Major violations include any chargeable offense under Federal, State, Local Law and significant violations of this
Agreement Such violations shall result in suspension or immediate termination of this Agreement. The Chief of
Police, or his/her designee, reserves the right to impose longer periods of suspensions or immediate
termination, if deemed appropriate in his/her sole discretion. The Chief of Police, or his/her designee, reserves
the right to remove a Tow Operator from the tow rotation during the investigation of a major violation. A
reinstatement from suspension for a major violation will result in a five hundred dollar ($500.00) fee. Suspension
will not be lifted until the reinstatement fee is received by the Chief of Police or his/her designee. ln addition, a
major violation may also result in the Tow Operator's employee being removed from participation in this
Agreement. Examples of major violations include, but are not limited to:
. Physical assault, against public and/or law enforcement
. Verbal abuse against public and/or law enforcement
. Resisting arrest. Tow Truck Driver under the influence of alcohol or illegal drugs
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. Charglng rates that exceed those listed in Attachment B
. Vehicle released without authorization
. Unauthorized access to storage yard
. Theft
. Mishandling of vehicles stored as evidence
. Unauthorized driver responding to call
o Failure to provide information or change of status on any Tow Operator employee or staff
. Substantiated private party impound complaints
. Any Felony/Misdemeanor arrest
. Refusalto take a rotational tow
. Failure to utilize the DTS System for all City towing related matters
. Repeated late or nonpayment of City franchise fees
. Failure to properly secure storage yard
¡ Failure to obey a lawful order by law enforcement
31. Minor violations
Minor violations will be given to the Tow Operator in the form of a documented warning for the first violation. The
second violation will be in the form of a documented reprimanded and a one hundred dollar ($'100.00) fine.
Repeated minor violations during the term of the Agreement may be treated as a major violation, and the Tow
Operator will be suspended or terminated from this Agreement A reinstatement from suspension will result in a
five hundred dollar ($500.00) fee. Suspension will not be lifted until the reinstatement fee is received by the
Chief of Police or his/her designee. Examples of minor violations include, but are not limited to:
. Late payment of City franchise fees
. Tow truck drivers not wearing City issued l.D. cards/ proper uniform
. Unauthorized arrival time in excess of thirty (30) minutes, or forty-five (45) minutes during peak hours. Repeated rejection of dispatched calls
. Other violations of this Agreement not considered a major violation by the Chief of Police or his/her
designee. Unauthorizedride-a-long. Failure to respond to customers' needs
. Failure to maintain proper equipment. Failure to clean up at a collision scene
. Vehicle code infractions
32. Hearinq/Appeal
Tow Operator must have a legal existing interest in the tow operation or entitlement subject to the City order,
citation, decision or determination to have standing to appeal a decision by the Chief of Police or his/her
designee. An appeal that fails to identify the appellant's standing may be rejected as defective.
ln the event FPD serves Tow Operator with disciplinary action amounting to anything less than a suspension
resulting from a minor violation, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow Unit.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension for thirty (30) days or
less resulting from a minor or major violation, the Tow Operator may request a hearing within fifteen (15)
calendar days by submitting an appeal in writing to the Chief of Police, or his/her designee, through the Tow
Unit Upon receipt of a written request for an appeal, and at the discretion of the Chief of Police, or his/her
designee, the Tow Operator may be allowed to continue rotational tows until the final disposition of the appellate
hearing.
ln the event FPD serves Tow Operator with disciplinary action amounting to a suspension in excess of thirty (30)
days, or termination of the TSA, the Tow Operator may request a hearing within fifteen (15) calendar days by
submitting an appeal in writing to the Administrative Hearing Officer by way of the City Manager's Office. The
written appeal shall be in compliance with FMC sections 1-407 and 9-1712. Notwithstanding any provision
within Chapter 1, Article4 of the FMC, any person who appeals a suspension in excess of thirty (30) days, ora
termination of the TSA shall not be entitled to placement on the Tow Rotation List or to participate in tows until
such time as any appeal hearing has been concluded and the Administrative Hearing Officer finds that no
grounds for a suspension in excess of thirty (30) days, or a termination of the TSA has been established Tow
Operator's remedy shall be limited to reinstatement on the tow rotation list in such case and no other
compensation or consideration will be allowed.
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ATTACHMENT B
TOW FEES
Flat price per vehicle per call:
Light Duty Tow/Flatbed $ 184.00/Each
Medium Duty Tow $ Average CHP Rates Apply
Heavy Duty Tow $ Average CHP Rates Apply
Water Recovery: $ Average CHP Rates Apply
Technoloqv Fee:
DTS Software Fee per Vehrcle Towed $ Charge listed in DTS Contract and DTS System
Storage Rates:
Passenger cars $ 45.00/per day
Motorcycles $ 45.00/per day
Trucks or Trailers $ Average CHP Rates Apply
lnside Storaqe Rates.
Passenger cars $ 55.00/per day
Motorcycles $ 55.00/per day
Trucks or Trailers $ Average CHP Rates Apply
Gate Fee: No gate fees may be charged between 8:00 a.m. through 5:00 p.m. Monday through Friday, excluding
State recognized holidays as listed in the Agreement.
An after hours gate fee may be charged at all other times ïhe gate fee shall not exceed fifty percent (50%) of the
flat rate charge for a light duty tow and may be charged to the vehicle's owner for releases or personal property
recovery that occur outside normal business hours (excluding lien fees, storage fees, taxes, or other additional
fees).
Non-tow service calls (out of gas, lockouts, and flat tires) shall not exceed one-half the flat rate charge for a light
duty truck response
City of Fresno Administrative / Franchise Fees:
Vehicle Collision Blocking a Roadway $ 60.00
lllegally Parked / Abandoned Vehicle $116.00
Unlicensed Driver / Expired Registration $189 00
Arrested / Suspended Driver $266.00
DUI Driver $450 00
All fees listed on the DTS invoice will be received in the form of major credit card, debit card or cash. No
credit card fee will be charged pursuant to CVC section 22651.1 and CCC section 1748.1.
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