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HomeMy WebLinkAboutCC Res 3882 1989-09-11 I I I ~':~ RESOLUTION NO. .~IJI1~ RESOLUTION OF "THE CITY OF SEAL BEACH, CALIFORNIA, ESTABLISHING PROCEDURES FOR THE AWARD OF A CONTRACT TO POLICE TOW TRUCK OPERATORS AND IMPOSING STANDARD REQUIREMENTS ON SUCH OPERATORS THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Intent and PurDose. It is the intent of this Resolution to prescribe the basic procedures for the award of a contract for the operation of "Official Police Towing Service" in police emerqency situations and for the removal of vehicles which are apparently abandoned or involved in an accident, or which constitute an obstruction to traffic for any reason. It is the purpose of the City Council in enacting this Resolution to provide a fair and impartial means of distributing requests for towing services among qualified firms to insure that such service is prompt and reasonably priced, and in the best interests of the public as well as the interest of efficient policing operations for the removal from public str,ets of said vehicles. Section 2. Definitions. (a) "Official Police Tow Service" means a towing company selected by the City Council to be used on a rotating basis for any police emergency situation where a tow truck is required. (b) A "tow truck" or "tow car" is a motor vehicle which has been altered or designed and equipped for and eXClusively used in the business of towing vehicles by means of a crane, towbar, towline, or dolly, or is otherwise exclusively used to render assistance to other vehicles. (c) "Attendant" means a trained and/or qualified individual responsible for the operation of a tow car or tow truck, whether or not the attendant also serves as a driver. (d) "Operator" means an individual, company, or corporation who operates a towing service, and includes any agent or employee thereof. (e) "License Section" means the Seal Beach city License Section of the Finance Department. (f) "Director of Finance" means position appointed by the City Manager for the administration of financial affairs. (g) both currently shall apply to All definitions contained in the Vehicle Code, and as may be added or changed in the future, this Resolution. Section 3. Selection of Towina Service. No person may operate as an "Official Police Tow Service" unless first having been awarded a contract to provide such service by the City Council. There shall be no more than two (2) "Official Police Towing Services" awarded a contract to provide service at the request of the Police Department throughout the City of Seal Beach. Said determination is based upon review of the towing services and a finding that two (2) towing services are sufficient to provide a high level of service to the public at the present'time: that a limitation of two (2) services contributes to efficient administration of the program of providing towing services on an emergency basis: and further 890626 bn 1680018 (2) Resolution Number .1Mtft fragmentation of the limited income derived from such services would tend to reduce the capabilities of the towing services to properly maintain equipment and attendants, and down-grade the level of services to the public. To maintain an equal and unbiased service, the designated towing agencies will be rotated by alternating weeks. Section 4. ADDlications for Two Truck Certificate. Applications for the award of a contract hereunder shall be made upon such forms as may be prepared or prescribed by I the Director of Finance, and shall contain: (a) The name and address of the applicant and the owner of the towing service. (b) The trade or fictitious name, if any, under which the applicant does and proposes to do business. (c) The training and experience of the applicant in the conduct of business. (d) A description of available equipment'to be used in "Official Police Towing Services", particularly in terms of comparative qualities or capacities as related to minimum eligibility requirements. The description shall include the color scheme, insignia, name, monogram or other distinguishing characteristics to be used to designate applicant's towing vehicles. (e) The locations and descriptions of the place or places from which it is intended to operate, including addresses of storage facilities. (f) A description of the method of operations of the communications systems between the place of business and I operating tow trucks, as well as the means utilized for insuring prompt dispatch of trucks upon receipt of a service call from the Police Department. (g) Such other information as the License Division shall deem it necessary to a fair determination of compliance with this Resolution. (h) An accompanying application fee as required by the Director of Finance. (i) A financial statement prepared by a certified public accountant showing the financial status of the applicant. Section 5. Hearina on ADDlication. Upon receipt of any application for a contract , the Director of Finance shall, upon determining the application to be complete, refer the application to the Chief of Police for investigation. In the course of the investigation, the Chief of Police shall inspect the vehicles and equipment and shall require the applicant or any person named in the application to be photo- graphed and fingerprinted. The Chief of police shall complete his investigation within thirty (30) days unless prevented from I doing so by lack of cooperation of the applicant or other persons named in the application, and shall report his findings to the Director of Finance regarding the moral character of the appli- cant and other persons named in the application, and the adequacy and safety of the vehicle with respect to cleanliness, equip- ment, safety devices, brakes, lights and obsolescence. Upon receipt of said report, the Director of Finance shall transmit the application and the report to the City Clerk who shall set the same for hearing before the city Council. The city Clerk shall give notice of the time so set at least five (5) days prior e: I I I j~~, Resoll.iUon Number ..J8'~ '~!if - to the date of said hearing to the applicant by mail at the address listed in the application, and to any other person to whom a contract has been theretofore issued. The city Council shall render its decision within ninety (90) days after the application is first set for hearing. section 6. Xssuance of Contract. The city Council may examine the applicant and all interested parties, and shall determine if the public interest, convenience and necessity require the award of the contract to applicant. In reaching a decision, the City Council shall consider the following factors: (1) Whether the applicant is qualified on the basis of moral character, experience in the towing business and financial responsibility. (2) The probable effect that approval of the application would have on the level and quality of service to the public. (3) Whether the facilities, personnel and equipment which the applicant proposes to use are adequate. Section 7. Aareements. Successful applicants shall enter into an Agreement with the City, which Agreement shall incorporate the operating standards, regulations, and other requirements set forth herein. The Agreement shall incorporate a fee schedule as an exhibit, which fee schedule shall be developed pursuant to the provisions set forth in Section 9 of this Resolution. The city and the "Official Police Tow Service" may review and revise the fee schedule by mutual agreement at any time upon finding the existing rates inequitable. A copy of the fee schedule shall be made available upon request to interested citizens. Section 8. License and Maintenance of Records. (a) The Operator shall not operate, directly or indirectly, any tow units within the City, for the purposes of fulfilling the requirements of this Agreement, unless in possession of a current business tax certificate to operate its business in the City of Seal Beach. (b) The Operator shall keep at his principle place of business, complete and accurate records of all vehicles, including its accessories, equipment and other personal property, towed at the request of the Police Department. Such records shall include a description of the vehicle, type of service rendered, time and location of the call, charges, owner's name and address when ascertainable, vehicle license number, serial number, and Police Department case number. (c) inspection by during normal All records required herein shall be available the Police Department without notice at anytime business hours. for (d) All records shall be maintained for a minimum of one (1) year from the time the vehicle was released. Section 9. Standards for Establishina a Fee Schedule. (a) Fees charqed for response calls oriqinatinq from the Police Department shall be reasonable and not in excess of those rates charged for similar services requested by any other public aqency or private person. The reasonableness of the fees will be determined in the following manner: c;, Resolution Number ;?l?)'?~ ~ (1) The Operator shall submit the Itemized Proposed Fee Schedule to the Chief of Police. The Chief of Police shall determine the median rates as established by a current area survey. The operator's rates may not exceed fifteen (15) percent of the established area's median rate. (2) Itemized rates shall be submitted to the City Council for approval, after which they shall become incorporated into the Agreement as an Exhibit, as specified in Section 7 of this Resolution. (b) The Operator shall not charge any fees in excess of. those approved for police Department calls for towing. Secondary towing requested by the customer may be negotiated by the Operator in accordance with his or her private business practices. I (c) Rates for roadside service such as out of gas, lockouts, etc., shall be no more than one-half (\) the regular tow rate under normal at-scene situations. (d) There can be an additional charge for after hours release from the storage facility if there is no one available and a call-back is required. This additional fee shall be no more than one-half (\) of the regular tow rate. (e) outside storage shall be no more than twenty (20) percent of the regular tow rate. (f) Inside storage shall be no more than twenty-five (25) percent of the regular tow rate. (g) Vehicles stored twelve (12) hours or less shall be charged no more than one (1) day storage rate. (h) The Fee Schedule adopted shall be posted by the Operator at the primary place of vehicle release and shall be made available upon request to persons for whom the services were provided. I (i) The Operator agrees to provide the following services under the Agreement at or below the rate established periodically by the City Council: (1) Basic Tow (2) Heavy Duty Tow (3) Inside Storage (4) outside Storage (5) storage of Motorcycles (6) Tow Dolly (7) Dropped Drive Line (8) winching and Recovery (9) Labor and After-Hours Release I (j) No charge shall be made for a dry-run, or when no chargeable services are rendered by the Operator. (k) The Operator shall tow City vehicles from a distance o~ five (5) miles or less outside the city for no charge. I I I j:;I, Resolli'~'ion Number 'L:Jt5'8~ A:.:: (1) In the event the Police Department errs in impounding a vehicle, or for any other reason, in its sole discretion, determines a vehicle should be released without charge to the owner or agent, it shall be released immediately by the Operator upon request of the Police Department. The Operator may submit an itemized bill to the Police DePartment which shall not exceed fifty (50) percent of the accrued charges. (m) It shall be the Operator's responsibility to collect its fees for services performed under this Agreement, and the City shall in no way be responsible for such fees. (n) Should a dispute arise over a bill or claim of anv nature, which cannot be satisfactorily resolved by the parties involved, the operator shall abide by the decision of the city Council, or persons designated by the City Council, who shall have final administrative power to settle any and all claims or disagreements .' section 10. Grounds for Revocation. Any contract awarded under the provisions of this Resolution may be terminated by the city Council, city Manager, or Chief of Police, either as a whole or as to any person or vehicle described therein, within five (5) days notice to the Operator requiring him or her to appear at a certain time and place to show cause why the contract should not be terminated for any of the following reasons: (a) For the non-payment of any business license or other fee as required by the Seal Beach Municipal Code. (b) Breach of any rule, regulation or condition set forth in any applicable Federal, State or Local Code, or any part of this Agreement. (c) For failure to maintain satisfactory service to the public or for failure to keep any Operator's tow or service vehicle in a safe condition and good repair. (d) For deviation from the Fee Schedule as set forth in the Exhibit to the Agreement. (e) For any cause which the city council finds which makes it contrary to the Public interest, convenience, necessity or general welfare, for the certificate or Permit to continue. If the Operator fails to respond to any notice given by the city, this Agreement shall be automatically terminated and the Operator shall be removed from the rotation list." AYES: NOES: ABSENT: ABSTAIN: Councilmember Councilmember Councilmembers Councilmembers ~ g- ~. Mayor l .~ Resolution Number ~~t?~ EXHIBIT "A" SEAL RF.lI.CH POLICE TOW TRUCK SERVICE STANDARD RULES AND REGUIATIONS Sections 5.00 Standard Rules of Conduct 8.00 Standards for Rates and Fees 9.00 Standards for Inspection 10.00 Standards for Discipline 11.00 Hearings and Appeals 12.00 Suspensions 13.00 Grounds for Revocation I 1.00 Intent and Purpose 2.00 Definitions 3.00 Standards for Towing Equipment 4.00 Standard Rules of Operation 6.00 Standards for Facilities 7.00 Standards for Vehicle Release 1.00 Intent and PurDose: (a) It is the intent of these rules and regulations to prescribe the basic procedures for the operation of "Official Police Towing Service" in police emergency situations and in the removal of vehicles which are apparently abandoned or involved in an accident, or which constitute an obstruction to traffic for any reason. It is the purpose of the city council in enacting I these rules and regulations to provide a fair and impartial means of distributing requests for towing services among qualified firms to insure that such service is prompt and reasonably priced, and in the best interests of the public as well as the interest of efficient policing operations for the removal from public streets of said vehicles. (b) These rules and regulations, hereinafter referred to as the "Seal Beach Police Tow Truck Service Standard Rules and Regulations" shall be incorporated into and constitute Exhibit "A" to each and any Agreement between the city and Operator for police towing services. Any conflicts between the language and terms of these standard rules and regulations and the terms of the Agreement shall be resolved in favor of the Agreement. 2.00 Definitions: (a) "Official Police Tow Service" means a towing company selected by the city Council to be used on a rotating basis for any police emergency situation where a tow truck is required. (b) A "tow truck" or "tow car" is a motor vehicle which has been altered or designed and equipped for and I exclusively used in the business of towing vehicles by means of a crane, towbar, towline, or dolly, or is otherwise exclusively used to render assistance to other vehicles. (c) "Attendant" means a trained and/or qualified individual responsible for the operation of a tow car or tow truck, whether or not the attendant also serves as a driver. (d) "Operator" means an individual company, or corporation who operates a towing service, and includes any agent or employee thereof. 1 I I ,: Resolution Number ~tPtp~ (e) "License Section" means the Seal Beach city License section of the Pinance Department. (f) "Director of Pinance" means position appointed by the city Manager for the administration of financial affairs. (g) All definitions contained in the California Vehicle Code, both currently and as may be added or changed in the future, shall apply to these rules and regulations. 3.00 Standards for Tow Truck EauiDDlent: (a) An Operator shall maintain a minimum of one (1) 10,000 to 19,500 GVW manufacturer rated tow truck with wheel lift capabilities or car carrier. Each tow truck must be maintained in compliance with provisions set forth in the California Vehicle Code. The main winches shall either be mechanically or hydraulically driven, with safety dogs, and shall have a single or combined capacity of at least four (4) tons at bare drum or one (1) wrap of cable with a minimum of 100 feet of cable. Wheel lifts shall be rated at a minimum of 3,000 lbs. of lift capacity. (b) An Operator shall maintain a minimum of one (1) 19,501 to 33,000 GVW manufacturer rated tow truck equipped with air brakes, and have air hook-up to the rear. The main winches shall be either mechanically or hydraulically driven and shall have a combined capacity of at least twelve (12) tons at bare drum or one (1) wrap of cable with a minimum of 150 feet of cable. The tow truck shall be equipped with dual winches and a minimum of two (2) snatch blocks, air lines and fittings, and a J/T hook chain assembly. An Operator with two (2) 19,501 to 33,000 GVW fully equipped tow trucks is not required to maintain a 10,000 to 19,500 GVW tow truck. (c) Each tow truck shall be equipped with a snatch block, dollies, one (1) ton floor jack, and a motorcycle sling approved by the California Highway Patrol. (d) Each tow truck shall also have basic hand tools, such as wrenches and sockets, sledge hammer, pry bar, recovery chains, trash can and absorbent, jumper cables, a 4"x 4"x 48" block, and red flares, lantern or reflectors. (e) Each tow truck shall be equipped with a two-way radio capable of communicating with the company's dispatch. (f) It shall be the responsibility of the Operator that the equipment is as required by the California Vehicle Code, both currently and as may be required in the future. 4.00 Attendant or Onerator's Permit Reauired: Annlication: No person shall drive or operate any official Police towing vehicle in the city without first obtaining a permit in writing to do so from the Chief of Police. Any person desiring such Permit shall make a written application therefore to the Chief of Police, accompanied by a fee as designated by the Director of Finance. Applicant for such Permit shall be required to be photographed and fingerprinted. No attendant's or operator's permit shall be issued to any person: (1) Under the age of 18 years. (2) Who has a bad driving record as defined in the "Conduct" portion of these rules and regulations. (3) Who is incompetent or for any reason unable to handle such vehicle safely. Resolution Number a3~~ (4) Who can not effectively communicate in the English language. (5) Who does not hold a valid California Drivers License issued by the Department of Motor Vehicles, of the proper class for the equipment being operated. (6) Who is no~ sufficiently acquainted with the laws or ordinances requlating the operation of such vehicles. (7) Who falsifies the application in any way. 5.00 Standard Rules of ODeration: I (a) Each Operator shall provide twenty-four (24) hour towing service, seven (7) days a week, with normal response time of 20 minutes, not to exceed a maximum of 30 minutes. (b) Each Operator must have telephone lines sufficient to receive police calls. If the Operator's telephone is not answered after six (6) rings, or the line is busy, the tow service being called will be bypassed and the next tow service in rotation will be called. Telephone answering machines will not be allowed. Police either time. (c) The Operator or designee shall advise the City's Department Dispatch at time of notification, if they are unable to respond or to meet the required maximum response (d) If after accepting the call the Operator is to respond, or will be delayed in responding, the Operator immediately notify the City'S Police Department Dispatch. operator shall not assign calls to other firms without the permission of the on-duty Watch Commander. (e) Failure to respond and/or failures to meet the maximum response time requirements, which exceed fifteen (15) percent of the total Seal Beach Police Department calls during any consecutive thirty (30) day periOd, shall constitute failure to comply with the terms and conditions of these rules and regulations, and shall be cause for discipline as set forth herein. unable shall The I (f) Each Operator shall maintain a minimum of one (1) driver on-duty at all times, and at least one (1) driver on stand-by at all times. 6.00 standard Rules of Conduct: (a) The Operator and employees shall perform all services pursuant to the Agreement in an ethical manner, and shall be expected to conduct business in an orderly fashion so as to promote good public relations. (b) The operator shall be responsible for the acts of its employees while on duty. (c) The Operator shall be responsible for damage or loss to vehicles, or any parts thereof, while vehicles are in I their possession. (d) The Operator shall furnish to the Seal Beach police Department on request, information on drivers, including but not limited to, name, birthdate, birthplace, driver license number, residence address and home telephone number. (e) Drivers having a "bad driving record," and who remain in the employ of the Operator in the capacity of driver, I I I ';'.\: Reso'1uHon Number .5&f~ . -/ when the Operator has knowledge of the bad driving record, will constitute grounds for suspension of the towing service from the rotation list. For purposes of these rules and regulations, "bad driving record" shall be defined as follows: (1) A driving record reflecting three (3) or more citations for moving violations of the California Vehicle Code within the preceding two (2) years. (2) A driving record reflecting a conviction for driving under the influence of an intoxicating liquor, drugs, or both, within the preceding two (2) years. (3) A driving record reflecting a conviction for reckless driving within two (2) years. (~) The Operator shall at all times comply with Federal, state, and local laws and ordinances applicable to conducting business as a towing service, and shall be responsible for knowing any changes or additions to such laws and ordinances. , (g) The Operator shall cooperate with the Police Department in removing all hazards and illegally parked vehicl~s from the streets. (h) The Operator shall be responsible for the removal of all debris deposited as the result of a collision, including but not limited to, sweeping of broken glass, in accordance with California Vehicle Code section 27700. 7.00 Standards for Storaae Facilities: (a) ODen Storaae Areas shall be enclosed with a solid wall or a substantial fence not less than six (6) feet in height. The enclosure shall be provided with not less than one (1) gate or door of adequate width and of a height equal to that of the fence. The bottom edge of the enclosure shall not be more than two (2) inches above the finished parking surface of the enclosed area. The top edge of the wall or fence, including all gates and doors thereto, shall be equipped with no less than two (2) strands of barbed wire to discourage access over the top of the fence or wall. (b) Inside Enclosures will be buildings provided with four (4) walls and a roof. These areas will be constructed so that the elements, particularly excessive moisture, and all unauthorized persons are prevented access thereto. This area shall be adequate enough to contain two (2) full-sized vehicles. (1) If a tow service utilizes its public garage facility for inside storage, the space designated for the storage of police impounds will be secured from the Public. (2) It is suggested that the tow service utilize wire mesh from floor to ceiling to separate the impound area from the remaining portion of the building. (c) All vehicles must be secured under lock and key. (d) Vehicles being held as evidence shall be stored in an inside storage area secured from unauthorized persons, and the Operator shall take all reasonable precautions as required by the Police Department to avoid damage or contamination of any such evidence. (e) The Operator shall be responsible for the protection of impounded vehicles and contents therein, regardless of the location of the storage, until the vehicles have either Resolu~ion Number ~~ been released to the owner or owner's agent, or disposed of through legal process. (f) Vehicles impounded as evidence shall not be removed or made available for inspection by anyone not authorized by the Police Department or until released by the investigating officer. (g) Personal property carried on or within a vehicle ordered towed or stored by the police Department, but which is I' not considered as part of such vehicle, shall not be seized or held as security for amounts due for services provided. Such property shall be released to its owner upon Proof of identity and ownership, pursuant to section 22851 (b) of the California Vehicle Code. This section shall not prevent the withholding of the contents of a vehicle seized as evidence prior to release by the investigating officer. (h) No service or work shall be performed upon any police impound vehicle without first obtaining written permission from the owner or owner's agent to perform such work, and no contract or order for work or repairs shall be entered into until the vehicle is released by the Police Department. 8.00 Standards for Release of Vehicles: (a) Vehicles stored or impounded shall be available for release on a twenty-four (24) hour basis, seven (7) days a week. This requirement shall not apply to wrecked or abandoned vehicles. (b) The Operator is authorized to release stored vehicles to the registered owner, legal owner, or authorized representative of such owner, except: (1) Vehicles impounded or sealed for I investigation (2) Vehicles stored pursuant to Vehicle Code Section 22651(0) (Registration Expired over one Year), or Vehicle Code Section 22651(i) (Habitual parking Violators with outstanding Parking Citations on File). (3) Written authority from the Police Department to release vehicles being held pursuant to Sections 22561(0) an~ 22651(i), and all vehicles held for investigation or evidence, shall be required. (c) The Police Department will be responsible for notifying the owners of stored or impounded vehicles. (d) The Operator shall abide by Section 10652 of the California Vehicle Code by notifying the Department of Justice (D.O.J.), Sacramento, California, by receipted mail, when any vehicle of a type subject to registration has been stored for thirty (30) days. A copy of the notification shall be forwarded to the police Department. (e) The Operator shall abide by California Civil Code Sections 3068.1, 3071, 3072 and 3073, and California Vehicle Code I Sections 22851 through 22851.12 inclusive, when disposing of unclaimed vehicles, and shall notify the Police Department in writing of such disposition. 9.00 Standards for InsDection: '. (a) The Police Department reserves the right to conduct an inspection of the tow service facilities or equipment at any time. I I I ,!~i\ Resoluf'i'on Number 3~J'..z. (b) If any deficiencies or equipment violations are discovered, the tow service will be so advised in writing, and will be given one (1) week to correct the deficiency or violation. I i i I ! (1) This applies to other than tow trucks in violation of the California Vehicle Code requirements, or damage to the fence or wall structures of the storage facility, which shall be corrected immediatelv UDon receiDt of notification. (2) Failure to comply with these requirements will result in the tow service being suspended from the Police Department's rotation list until the proper corrections have been made. (3) Subsequent deficiencies or violations will result in such action as deemed necessary by the chief of Police. 10.00 Standards for DisciDline: (a) The Chief of Police may remove an operator from the rotation list for actions by the Operator which would challenge the competence or integrity of the towing service or the City. (b) Each Operator must maintain a high level of performance at all times. This includes, but is not limited to, prompt response to police calls and the appropriate action being taken at the scene. Any Operator that fails to perform as such will first receive a written warning. Any subsequent non-compliance will result in appropriate action as deemed necessary by the Chief of Police. (c) The Operator agrees, that as a condition of inclusion on the rotation list, to comply with the terms and conditions of this Tow Agreement. Furthermore, the Operator agrees that failure by the Operator or its agents, to comply with these terms and conditions shall be cause for written reprimand or suspension from the rotation list. (d) Alleged violations of this Agreement will be investigated by the Police Department, and the Operator will be notified of the findings within thirty (30) days of the investigation. (e) The following guide will be used in determining disciplinary actions: (1) 1st Violation within 12 months - written reprimand (2) 2nd Violation within 12 months - 30 Day suspension (3) 3rd Violation within 12 months - 90 Day suspension (4) 4th Violation within 12 months - 1 Year suspension For the purposes of this section, the 12 month period shall run consecutively, and will be purged after one (1) year, with new violations renumbered accordingly. (f) Nothing herein shall be deemed to prohibit the city from immediately suspending any Operator whose conduct is deemed, in the sound discretion of the Chief of POlice, to be a danger to the motoring pUblic, or who has engaged in conduct constituting a gross violation of these rules and regulations and Agreement. Resolution Number ~~ 11. 00 Hearina and Anneal Process: (a) In the event the Seal Beach Police Department serves the Operator with a written reprimand or suspension, the operator may request a hearing within seven (7) calendar days by submitting a request in writing to the Chief of Police. If a hearing is requested, it shall be held as soon as practical. The hearing shall be conducted by the Chief of Police or his or her designee, and the,Operator shall be entitled to present all relevant facts and circumstances in support of its position. The I Operator shall be further entitled to present testimony of at least one (1) representative of the California Tow Truck Association or other qualified person. The Operator shall be notified in writing of the decision of the Chief of Police within seven (7) calendar days of the hearing. (b) If an Operator fails to request a hearing or appeal within the specified time, or fails to appear at a scheduled hearing or appeal, the action taken by the Chief of Police shall be final, and the discipline effective upon written notification by the chief of Police. (c) Following a hearing, if the Operator is dissatisfied with the decision of the Chief of Police, the Operator may request an appeal by submitting a request in writing to the City Manager within seven (7) calendar days of notifi- cation. If an appeal is requested, it shall be held as soon as practical. The appeal shall be conducted by the City Manager or his or her designee. The Operator shall have the same rights as provided in the first level hearing process. The Operator shall be notified in writing of the decision of the City Manager within seven (7) calendar days of the appeal and the decision shall be subject to no further Administrative Appeal. 12.00 Susnensions: I (a) A suspension shall not take effect until the hearing and appeal process has been exhausted, except when an Operator's conduct grossly violates the terms of this Agreement. 13.00 Grounds for Revocation: Any contract or permit granted under the provisions of this Agreement may be terminated or revoked by the City council, City Manager, or Chief of POlice, either as a whole or as to any person or vehicle described therein, within five (5) days notice to the Operator requiring him or her to appear at a certain time and place to show cause why the contract or permit should not be terminated or revoked for any of the following reasons: (a) That the contract or permit required has been withdrawn or lapsed, or is no longer in force for any reason. (b) For the non-payment of any business license or other fee as required by the Seal Beach Municipal Code. (c) For breach of any rule, regulation or condition set forth in any applicable Federal, State or Local Code, or any part of these rules and regulations or Agreement. (d) For failure to maintain satisfactory service to the public or for failure to keep any Operator's tow or service vehicle in a safe condition and good repair. I (e) For deviation from the Fee Schedule as set forth in an Exhibit to the Agreement. (f) For any cause which the City Council finds which makes it contrary to the public interest, convenience, necessity .,~~ ~w Resoluti6~'~Umber ~ to, " or general welfare for the contract or permit to continue. If the Operator fails to respond to ~ notice given by the city, this Agreement shall be automatically terminated and the Operator shall be removed from the rotation list. I I I Resolution Number .3i8Jl AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND , FOR POLICE TOWING SERVICES. THIS AGREEMENT is made in the City of Seal Beach, California, and entered into this _ day of , 1989, by and between the CITY OF SEAL BEACH, a municipal corporation, I hereinafter referred to as "CITY," and , hereinafter referred to as "OPERATOR." RECITALS A. The City of Seal Beach requires the services of official police towing services on a rotated basis to respond to police requests for emergency towing. B. The Operator is duly licensed and qualified to perform emergency towing services that are initiated at police request. I C. The operator has been selected by the city Council to perform official police towing services. NOW, THEREFORE, the parties hereto do agree as follows: 1.00 AUTHORIZATION. Operator is authorized to respond to and undertake police requests, on a non-exclusive basis along with other authorized official police towing operators for emergency towing services, as prescribed in the City'S Police Tow Truck Service Standard Rules and Regulations, attached hereto and incorporated herein as Exhibit nAn. I 2.00 INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Operator shall be an independent con- tractor and shall not be an employee of city. City shall have the right to control Operator only as to the results of Resolution Number ~~ I Operator's services rendered pursuant to this Agreement, and as provided by the City's Police Tow Truck Services Standard Rules and Regulations, attached hereto as Exhibit "A", the California Vehicle Code, other applicable laws and regulations. Operator shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. This Agreement shall not give Operator any authority, either express or implied, to bind City to any obligation whatsoever other than to the terms of this Agreement. 3.00 EOUIPMENT. Operator shall, at its own costs and expense, provide all facilities and equipment which'may be required for performance of the services required by this Agreement. 4.00 INDEMNIFICATION. Operator agrees to indemnify, hold harmless and defend the City, City Council and each member thereof, and every officer and employee of City, from any and all I suits, claims, losses injuries, expenses and actions brought against city, its officials, employees and agents which arise directly or indirectly from any or all wrongful or negligent activities and operations of Operator or any person employed by Operator in the performance of this Agreement. 5. INSURANCE. Operator shall maintain at all times during the term of this Agreement not less than the following types and amounts of insurance coverage with insurers listed "B+" or better in Best's Insurance Guide that are authorized to do business in the State of california: I A. Comprehensive General Liability Insurance with minimum combined single limit coverage of One Million Dollars ($1,000,000). Resolution Number .JI19:L B. Automobile Liability Insurance with minimum combined single limit coverage of Five Hundred Thousand Dollars ($500,000) for injury or death and Fifty Thousand Dollars ($50,000) for damage to property. C. Workers' Compensation Insurance as required by I law. The 'Operator's Comprehensive General Liability and Automobile Liability insurance policies shall contain an endorsement extending coverage to the city of Seal Beach as an , additional insured, in the same manner as the named insured, as to liability arising out of the performance of any work authorized to be performed under this Agreement. Both of these Insurance policies shall also contain an endorsement providing that written notice shall be given to City at least thirty (30) calendar days prior to termination, cancellation or reduction in the policy. A Certificate or Certificates of Insurance with the above mentioned endorsements thereon shall be attached to this I Agreement as Exhibit "B" as evidence of the above required insurance coverage. 6.00 TERMINATION. This Agreement may be terminated by city with or without cause on thirty (30) days prior written notice provided to Operator, and for reasons and by procedures otherwise provided in Exhibit "A" to this Agreement, entitled "Seal Beach Police Tow Truck Service Standard Rules and Regulations." 7.00 ASSIGNMENT. This Agreement covers services of a I specific and unique nature. Operator shall not sell, transfer. or assign this contract in whole or in part, by forced or involuntary sale, voluntary sale, merger, consolidation, or otherwise without the prior written approval of city. I I I .. Resolution~Number -1~ 8.00 NOTICE. Whenever it shall be necessary for either party to serve notice on the other respecting this Agreement, such notice shall be served by certified mail addressed to the City Manager of the City of Seal Beach, 911 Seal Beach Boulevard, Seal Beach, California 90740-3699: or to Operator, at , until different addresses may be furnished in writing by either party to the other, and such notice shall be deemed to have been served within .seventy-two (72) hours after the same has been deposited in the United States Post Office by certified mail. This shall be valid and sufficient service of notice for all purposes. 9.00~. This Agreement shall have a term of year(s), commencing on the day and year first above written. 10.00 ATTORNEYS' FEES. In the event that either party to this Agreement shall commence any legal action or proceeding against the other to enforce or interpret the provisions of the Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit including reason- able attorneys fees. 11.00 EXTENT OF AGREEMENT. This Agreement, together with the provisions contained in the city's Police Tow Truck Service Standard Rules and Requlations, attached hereto as Exhibit "A", represents the entire and integrated Agreement between city and Operator and supersedes any and all prior negotiations, representations or agreements, written or oral. This Agreement may be amended only by written instrument signed by both city and Operator. Resolution Number ~~~~ Executed the day and year first above stated. CITY OF SEAL BEACH A Municipal Corporation Mayor ATTEST: (SEAL) OPERATOR I City Clerk By: Approved as to form: Approved as to content: City Manager City Attorney police Chief Director of Finance I I