HomeMy WebLinkAboutAGMT - Expertow, Inc. - formerly Rossmoor Tow and Leisure World Union 76 (Towing Services) • •
CITY OF SEAL BEACH, CALIFORNIA
NON - EXCLUSIVE AGREEMENT FOR
OFFICIAL'POL'ICE TOWING SERVICES
THIS AGREEMENT is made this /L day of , 991Ay and
between the CITY OF SEAL BEACH, a municipal corporation, hereinafter referred to as
"CITY," and ROSSMOOR TOW AND LEISURE WORLD UNION 76, hereinafter
referred to as "OPERATOR."
RECITALS
A. CITY requires the services of official police towing services on a
rotating basis to respond to police requests for emergency towing.
B. Pursuant to established CITY procedures, CITY has solicited
appications and statements of facilities and qualifications from area towing services.
Personnel from CITY'S Police Department reviewed the information and applications
submitted by towing services, inspected facilities, and contacted other law enforcement
agencies
C. Based upon said review, OPERATOR is duly licensed and
qualified to perform emergency towing services that are initiated at police request
D. OPERATOR has been selected by the City Council to perform
official police towing services on a non - exclusive basis.
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 duly 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 "A ".
9.0002 pi 1b80012 (4)
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2.00 COMPENSATION. OPERATOR shall provide such emergency
towing service throughout the term of this Agreement in accordance with the fee
schedule set forth in Exhibit "B ".
3.00 INDEPENDENT CONTRACTOR. At all times during the term of
this Agreement, OPERATOR shall act hereunder as an independent contractor. This
Agreement shall not and is not intended to constitute OPERATOR as an agent,
servant, or employee of CITY and shall not and is not intended to create the
relationship of partnership, joint venture or association between the CITY and
OPERATOR. CITY shall have the right to exercise control over business of
OPERATOR only as to the conduct of OPERATORS 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,'a'nd 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.
4.00 EQUIPMENT. OPERATOR shall, at its own expense, provide all
facilities and equipment which may be required for performance of the services
required by this Agreement and by CITY's Police Tow Truck Services Standard Rules
and Regulations, attached hereto as Exhibit "A ", the California Vehicle Code, and other
applicable laws and regulations.
5.00 INDEMNIFICATION. OPERATOR agrees to indemnify, defend, and
hold harmless the CITY, its officers, agents, and employees from and against any and
all liability or expense, including defense costs and legal fees, and claims for damages
of any nature whatsoever, including but not limited to, bodily injury, death, personal
injury, or property damage arising from or connected with OPERATOR's operations or
920e02 pi 1680012 14)
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services hereunder. OPERATOR agrees that CITY shall have the right to choose its
counsel in the event of suit.
6.00. INSURANCE. OPERATOR shall maintain at all times during the
term of this Agreement not less than the types and amounts of insurance coverage
listed below issued by insurers listed "B +" or better in Bests Insurance Guide.
OPERATOR shall submit to CITY certificates indicating compliance with the following
minimum insurance requirements not less than one (1) day prior to the beginning of
performance under this Agreement.
1. Worker's Compensation Insurance to cover OPERATORS
employees as required by the California Labor Code.
2. Commercial general and automobile liability insurance with policy
limits not less than $1,000,000 for personal injury to any one person, $1,000, for
injures arising out of any one occurrence, and $500,000 for property damages or a
combined single limit of $1,000,000. Such policy of insurance shall.
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a) Be issued by an insurance company which is admitted to do
business in the State of California
b) Be primary to any other similar insurance and shall name the
CITY, its officers, agents and employees, as additional insureds.
c) Contain a provision that prohibits cancellation, modification, or
lapse without thirty (30) days' prior written notice from insurer to CITY.
d) Indemnify CITY from all liability from loss, damage or injury
to persons or to property arising from or in connection with the performance of services
under this Agreement.
e) Include a severability of interests clause substantially similar
to the following: "The insurance afforded by this policy applies separately to each
insured against whom a claim or suit is made or suit is brought, except with respect to
the limit of the insurer's liability."
f) Contain a clause substantially in the following words' "It is
hereby understood and agreed that this policy shall not be canceled nor materially
920602 pr 1680012 (41
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changed except upon thirty (30) days' prior written notice to the CITY of such
cancellation or material change as evidenced by a return receipt for a registered letter "
g) Cover the operations of OPERATOR pursuant to the terms
of this Agreement
The insurance certificate evidencing such insurance shall be submitted to
the CITY for prior review and thereafter the CITY shall have the right to approve or
disapprove any insurance procured by OPERATOR under the standards of this section
Procurement of insurance by OPERATOR shall not be construed as a
limitation of OPERATOR'S liability or as full performance of OPERATOR'S duties to
indemnify, hold harmless, and defend under this Agreement.
OPERATOR shall not commence the performance of its services under
this contract until the above insurance has been obtained and Certificates of Insurance
have been filed with CITY.
7.00 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."
8.00 ASSIGNMENT. This Agreement covers services of a 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.
9.00 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.
CITY
The City of Seal Beach
911 Seal Beach Boulevard
Seal Beach, California 90740 -3699
attn. City Manager
9:002 pi 1680012 (4)
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OPERATOR: OPERATOR:
Rossmoor Tow Leisure World Union 76
10842 Kyle Street, #F 13980 Seal Beach Blvd
Los Alamitos, Califonia 90720 Seal Beach, CA 90740
Unless and until different addresses may be furnished in writing by either party to the
other, 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.
10.00 TERM. This Agreement shall have a term of
two (2) year, commencing on the day and year first above written.
11 00 ATTORNEYS' FEES. In the event that either party to this
Agreement shall commence any legal action or proceeding against the other tvenforce
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 actual attorneys fees
12.00 EXTENT OF AGREEMENT. This Agreement, together with the
provisions contained in the CITY's Police Tow Truck Service Standard Rules and
Regulations, 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
13.00 SEVERABILITY. In the event that any provision, of this Agreement
shall be held to be invalid by a court of appropriate jurisdiction, the remaining
provisions of this Agreement shall remain in full force and effect.
Executed the day and year first above stated.
CITY OF SEAL BEACH
A Municipal Corporation
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920602 pr_1680012 (4)
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A ��/ i L% ,_ , 0
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OPERATO (Rossmo� To OPE; OR (Leisure World Union 76)
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Approved as to form: Approve as to content
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City Attorney City Manager
4).-■ .e/sfrr'
Police Chief
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Director , Administ ative Services
920602 pi 16 80012 (4)
411 411
. _EXHIBIT "A"
• SEAL BEACH POLICE TOW TRUCK SERVICE
STANDARD RULES AND REGULATIONS
Sections
•
1.00 Intent and Purpose 5.00 Standards for Release of
Vehicles
2.00 Definitions
9.00 Standards for Inspection
3.00 Standards for Towing
Equipment 10.00 Standards for Discipline
4.00 Permit Required 11.00 Hearings and Appeals
5.00 Standard Rules of 12 .00 Suspensions
Operation 13.00 Grounds for Revocation
6.00 Standard Rules of
Conduct
7.00 Standards for Storage
Facilities
1.00 Intent and Purpose:
(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
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 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.
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(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) 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 Equipment:
(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 Operator's Permit Required:
Application: 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.
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590626 I.j 1680013 (2)
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(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 not sufficiently -acquainted with the
laws or ordinances regulating the operation of such vehicles.
(7) Who falsifies the application in any way.
5.00 Standard Rules of Operation:
(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.
(c) The Operator or designee shall advise the City's
Police Department Dispatch at time of notification, if they are
either unable to respond or to meet the required maximum response
time.
(d) If after accepting the call the Operator is unable
to respond, or will be delayed in responding, the Operator shall
immediately notify the City's Police Department Dispatch. The
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.
(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.
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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
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,
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890826 Iii 1680013 (2)
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.
(f) 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 vehicles
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 Storage Facilities:
(a) Open Storage 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
890626 Ls/ 1680013 (2)
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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
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Officer. •
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(g) Personal property carried on or within a vehicle
ordered towed or stored by the Police Department, but which is
heldc as securitys for amounts due for services provided. Suchr
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
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) and
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
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 Inspection:
(a) The Police Department reserves the right to
conduct an inspection of the tow service facilities or equipment
at any time.
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890626 Lsj 1680013 (2)
(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.
(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 jmmediately upon receipt 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 Discipline:
(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.
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890626 1.i 1680013 (2)
11.00 d - ..-_ • . -s :
(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
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 Suspensions:
(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.
(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
or general welfare for the contract 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.
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690626 ltj 1680013 (2)
a ,, ,.• . 411 III
pc,. 6 h 9
r
AGREEMENT B EEN THE C OF SEAL BEACH
AND OGdieeDie /4m/ , FOR
P C E TOWI G SERVIVES.
THIS AGREEMENT is made in the City of 71 Beach,
California, and entered into this a day of _014 y , 1992, by
and between the City OF SEAL BEACH, a m , ic'.al corporation,
hereinafter referred to as "City," and A „ '_
hereinafter referred to as "OPERATOR."
R E C I T A L S
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.
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 "A ". Operator hereby agrees to
provide such emergency towing service in accordance with the fee
schedule set forth in Exhibit "B ".
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
Operator's services rendered pursuant to this Agreement, and as
920602 pr 1680012 (4) - 1 -
provided by the City's Police Tow Truck Services Standard Rules
and Regulations, attached hereto as Exhibit "A ", the California
Vehicle Code, and 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
and hold harmless the City, its officers, agents, and employees
from and against any and all liability or expense, including
defense costs and legal fees, and claims for damages of any
nature whatsoever, including but not limited to, bodily injury,
death, personal injury, or property damage arising from or
connected with Operator's operations or services hereunder.
Operator agrees that City will have the right to choose its
counsel in the event of suit.
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:
A. Comprehensive General Liability Insurance with
minimum combined single limit coverage of One Million
Dollars ($1,000,000). A minimum of $600,000 coverage
shall be provided by a company authorized to do
business in California, provided that Operator obtains
a minimum of $400,000 in additional coverage from an
920602 pr 1680012 (4) - 2 -
. . ,� ; .
• •
insurer authorized to do business in any state of the
United States.
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
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. These Insurance
policies shall also contain endorsements providing that written
notice shall be given to City at least thirty (30) calendar days
prior to termination, cancellation or reduction. A Certificate
or Certificates of Insurance with the above mentioned
endorsements thereon shall be attached to this Agreement as
Exhibit "B" as evidence of the above required insurance coverage.
Such insurance policies shall include severability of interests
clauses substantially similar to the following: "The insurance
afforded by this policy applies separately to each insured
against whom a claim or suit is made or suit is brought, except
with respect to the limit of the insurer's liability."
The insurance certificates evidencing such insurance
shall be submitted to the City for review within thirty (30) days
of the effective date hereof and thereafter the City shall have
the right to approve or disapprove any insurance procured by
Operator under the standards of this section.
920602 pr 1680012 (4) - 3 -
Y
Procurement of insurance by Operator shall not be
construed as a limitation of Operator's liability or as
performance of Operator's duties to indemnify, hold harmless, and
defend under this Agreement.
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
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.
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
A) .6 -
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 TERM. This Agreement shall have a term of
Two year(s), commencing on the day and year first above
written.
920602 pr 1680012 (4) - 4 -
c . r. • •
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 actual
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 Regulations, 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.
Executed the day and year first above stated.
CITY OF SEAL BEACH
A Municipal Corporation
Mayor
ATT'E 'T :
„ _ SEAL) OPERATOR
Ci Clerk
By:
Thomas C. Lewis, Owner - Rossmoor Touring
Approved as to form: Approved as to content:
c2" --e44-721 :-
City Attorney ' ana• r
Police Chief
/cz Lu(
Direct<o1r of Finance
920602 pr 1680012 (4) - 5 -
■
• .
A G R E E M E N T
TH I S AGP.EEt1EPIT i s made and entered i n to thi s / d of
_ ,, , 198,14 by and between the CITY OF SEAL BEACH,
a mu ' ipal c orporation, hereinafter referred to as "CITY" and Rossmoor
Tow Service, hereinafter referred to as "OPERATOR."
'WITNESSETH
WHEREAS, the City Council of the City of Seal Beach has elected
OPERATOR as one of the "Official Police Tow Truck Services "; and
WHEREAS, the Rules and Regulations for Official Police Tow
Truck Services requires that an agreement be executed between CITY and
OPERATOR which contains the eligibility requirements, operating regulations
and fee schedules for the operation of "Official Police Tow Truck Services." .
NOW, THEREFORE, in consideration of the foregoing, the parties
hereto agree as follows:
1. The parties hereto mutually agree that the operation of
OPERATOR'S "Official Police Tow Truck Service" will be inconformity with
the eligibility requirements and operating regulations contained in the
Rules and Regulations for Official Police Tow Truck Services, which is
attached hereto marked as Exhibit ''A" and which by this reference is
incorporated herein as if fully set forth.
2. The parties hereto further mutually agree that the fee
schedule for the operation of the "Official Police Tow Truck Services"
within the City of Seal Beach shall be as set forth and adopted by the
City Council of the City of Seal Beach on /o2 , 1984;
IF
which is a t tach2d hereto marked as Exhibit "B" an , 4 wh i cn by this re `erence
is incorporated herein as if fully set forth.
3. The parties hereto further mutually agree that the City
shall not be liable for any damages resulting from any activities of the
OPERATOR while in performance of his duties as authorized in the Rules and
• •
Regulations for Official Police Tow Truck Services. The OPERATOR agrees to
defend and hold the CITY harmless from any and all claims made against the
CITY as a result of OPERATORS activities.
4. This Agreement will continue in full force and effect until
terminated by either party; such termination to be executed by 30 d s written
notice. The duration-1f this contract shall be for the period of / ,
I 98 2 through , 198,3 .
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
as of the day and year set forth above. -
CITY OF SEAL BEACH
A �
'Mayor Willemke Vanderstaay
ATTEST:
Jo-..e Yeo, City Clerk
R zs - 5 5 /Pt <1.---
Rossmoor Tow Service
4 1011
BY /.i : / /Ls.
•
EX�iIBIT ";
•
REGULATION OF SEAL BEAC!-!
OFFICIAL POLICE TO:'! T R :.:CK SERVICE
Selections: Intent and Purpose.
• Definitions.
- License Required. . - _ - -- -
-- Selection of Towing Services. _ . ,
- _ - . App i i cation for Tow Truck License. _ _ == ._-
Agreements. - _ _ F-:"-=i7
' - . - Standards for Tow Truck License -- _ - _ 3
Liability Insurance. =`
Hearing on Application. - - =x`=
• . - • • Issuance cif Certificate. - - - T
- • .. Standards for Tow Truck Equipment.
_ • . . _ _._ Attendant or Operator's Permit Required- _ -
: Standard Rules of Operation. - -- _ -
__ _ • - _ = G rounds for Revocation. - ' ._..
. . Suspension. ... _ .
Separability. - -
. - 'Intent and Purpose: ' - - - -
. . . . . . .I t s the intent of these.rules and regulations to prescribe the
basic procedures for. operation of "Official Police Towing Service" in
police emergency situations and in the removal of vehicles which are
apparently abanconed or involved in an accident, or which constitute an -
obstruction to traffic because of mechanical failure. It is the purpose
of the City Council in enacting these rules and regulations to provide a
fai :means of - distri buting for towing services
among qualified firms to insure that.such service is prompt and reason-
= ably priced, and in the best of the public as well as the
interest of efficient policing operations for the removal from public
streets of said vehicles. • -
Definitions. - - .
(a) "Official Police Tow Service" means a towing company selected
by the City Council to be used, on call, and on an alternate basis, for
any police emergency situation where a tow truck is required.
(b) A "tow car" or "tow truck" is a 'rotor 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_ - , -
f
(c) "Attendant". means a trained and /or qualified individual
responsible for-the-operation a car -or- tow truck, whether or not - _
the attendant also serves as a driver. (d) "Operator" means an individual who operates a tow car or tow
truck. - _ --
. (e) "License Section" means the Seal Beach City License Section of
the Finance Department. - - -
- , • CO "Director of Finance" means position appointed by the City -
• • Manager and has charge of the administration of the financial affairs of
• -- - the City. . •- - - - -
••
.._ _ -••- - _ _ - - r :�
..., _ . - . •
• - - - _ = :
iicnse Rec.uired.
• (a) Any firm may become eligible to participate in the assi gent
of service calls by the PoIice''Depart ent only if it has a valid license
z do business in the City of Seal Beach. .
(b) No official police tow truck shall be operated by a driver an
he streets, alleys, or any public way or place of Seal Beach unless the .
:er is holding a currently valid permit it as an attendant or operator. -
Selection of Towing Services.
There shall be no more than two "Official Police " towing services _,'_ -
- - selected and designated to provide service at the request of the Police - _
i:rtrn t throughout the City of Seal Beach. Said determination is - :' ' `
based upon review of the towing services and a finding that p ro - towing
services are sufficient to provide -a high level of service to the public - -,_ -.
- at the present time; that a limitation of two services contributes to
efficient-administration of the program of providing. towing services on _
. an e3ergency basis; and further fragmentation of the limited income -
_ rived from such services would tend to reduce the capabilities of the _
wring services to properly maintain equipment and attendants, and down— .
• grade the level services to the public_ To maintain an equal and
unbiased service, the designated towing agencies will be rotated by
• alternate Necks. • - - - - . -
._ _ ... . Anpl i ca t_i on for Tow Truck License.
Applications for tow truck licenses hereunder shall be made upon
-suzh forces - as ;.gay - ne prepared or prescribed by the Director of Finance .
%
a^' s - a ll contain - - -
(a) The name and of the applicant and of the owner of the -
4ng service.
(b) The trade or fictitious_ name; - i f any, under which the applicant
- 'oes business and proposes to do business.
s-
(c) The training and experience of the applicant in the conduct of
business. . -
(d) Describe available equipment to be used in "Official Police
"Totting Services," particularly in terns of comparative qualities or -
capacities as rel ated to minimum eligibility requirements. .
(1) Include the color schern insignia, name, : -. _ .
monogram or other distinguishing character-
istics to be used to designate applicant's _
towing ng vehicles: -- ..- - -
.
(e) The location and descriptions of the place or places from
wr" ch it is intended to operate, including address of storage facilities_ ° - -
(f) Describe the method of operation of the co:o. nication system -
. bezeen the place of business and operating tow trucks, as well as the
romans utilized for insuring prompt - dispatch -of trucks upon receipt of _ -
c 11 from the Police Department. -
(g) Such other information as the License Division shall d --
r- necessary to a fair determination of compliance with this ; -
sr_�inance. - .. - - .
(h) An accompanying ng I i cense fee as required by the Di rector of - . - _
.- • Finance. . .
(1) A financial statue prepared by a certified public accou nt = -
- shavi:m . the financial status of ttte applicant: " -• -
. • - - -- - - - -- - „-... -
•
ra-.7. li-rep
Aoree:-?er t5.
Successful applicants shall enter into an agreement with the
City, i hich agreement small contain eligibility requirements, operating
re,u. ati ons and fee schedules as 'adopted by the City Council. The City
and the "Official police Tcw Service" may review and revise the fee
schedule by mutual agreement at any time upon finding the existing rates
are inequitable. T °copy of the fee schedule shall be for.aarded to the
Chief of Police and copies made available upon request by. .interested . •
citizens. - - - -
Standards for Tow Truck Licenses - Liability insurance. -_ _
(a) No tow truck license shall be issued under these rules - ------
-
nor shall such license be valid upon issuance, nor shall any tow track - - _ _�
be operated in Seal Beath unless there is at all times in force and effecter _
insurance to do business in the State of California, for each and every
tow truck caned and /or operated by or for the applicant or licensee, --e - _
__ providing for the payment of damages. - . - _ . - _ . - - .
.__ (1) For injury to or death of individuals in __ - _ _
• - accidents resulting from any cause for =. _ . - -
- • • which the owner of said vehicle would be - - - _
• liable on account of liability imposed -
. . - on him by law, regardless of whether the . _ - - -
- • - - - tow truck was being driven by the owner - -- -.
- e e. - • • - - . - - - or his agent, and, - - =
- . (2) _For the loss of or damage to the property . .
• of another, including personal _property,
• - _ . - - - _ - under like circumstances, in such sums - -
- and .under such to ,ms as m a y be required .
in regulations promulgated by the Director •
- -- - - - -of Fi nance.- -- •--- - - - - -- - -- .
-- (b) Said insurance shall be submitted to the License
. Section for approval prior to the issuance of each tow truck license.
- Satisfactory evidence that such insurance is at all times in force and .
- effect shall be furnished to the License Division, in such form as the -
Director of Finance may specify, by all licensees required to provide -
such insurance under the provisions of this ordinance. . . -.
. (c) Every insurance policy required hereunder shall contain a .
• provision for a continuing liability thereunder to the full amount - .
• thereof, not withstanding any recovery thereon, that the liability of -
the insurer shall not be affected by the insolvency or the bankruptcy - -
- of the assured, and that until the policy is revoked the insurance - -
company will not be relieved from liability on account of nori•- payment
of premium, failure to renew license at the end of the year, or any act ` - .
of emission of the. named assured. Such policy of insurance shall. be :
further conditioned for the payment of any judgments up to the limits -.
os said policy, recovered against any person other than the owner, his
agent or employee, who may operate the sane with the consent or • .
accuiescenee of the owner. -
(d) Every insurance policy required her eunu,tr s; i i 1 extend for - .
the period to be covered by the license applied for and the insurer shall
be obliged to give not less than ten days written notice 1.o the License -
- Section and to the assured before any cancellation or terpination thereof
earlier than its expiration date and the cancellation or other ter mina-- -
tion of any such policy shall automatically revoke tercel nafe the ..
....
licenses issued for the tow trucks covered by such policy, unless another -- -
insurance policy complying with the provisions of this section shall be - •
provided and be in effect at the time of suth cancellation oi' terinin - - .
- - .7 - • - - tion. - .. - - -_ - _ _ -- - - - s
r = :,: ::
• -
' . _ -�' ' - . . — . - ~�' - . _ -- +?
. • . Xibi "V'
r,n • ° Four • •
Fearing On Application.
' Upon receipt of any such application, the Director of Finance
shall, upon determining the application to be in order, refer the matter
to the Chief of Police for investigation. In the course of the investi-
gation, the Chief of Police shall inspect the vehicles and equipment
and shall require the applicant or any person named in the application
to be photographed_ard fingerprinted. The Chief of Police shall complete
his investigation wi tti n thirty (30) days unless prevented from doing so. -
by lack of cooperation of the applicant or other persons named in n the _ - . - _ - -.
application, and shall report his findings to the Director of Finance ; .
regarding -the moral character of the applicant and ot per sons named -___
in the application, and the adequacy and safety of the vehicle with _:_ = A
• respect cleanliness,. equipment, safety devices, brakes, lights and __= = = =s�. -:
• -- = obsolescense. Upon receipt of said report, the Director of Finance shall_ -- =�-`
_=
transmit the application and report to the City Clerk who shall' set the - '12. - ".
sa.�:e for hearing before the City Council. The City Clerk shall give
- -- notice of the time so set at least five (5) days before the date of said ^- --
hearing to the applicant by mail at the address set out in such applica- :. . .
. ' Mon, and to all persons- to whom certificates of public convenience and __ _
_; -. necessity have been•."eheretofore issued.; - The City Council shall render its r ; .. -
decision ithin thirty (30) days after the matter is first set for hearing
-
- before it. - _ . -
--- • -= : Issuance of Certificate. - - -
- - At the tune set for the hearing of such•application, the City - -
- : Council- .T ne the applicant and all persons interested in the
ratter" - set forth in_ said - application, and shall determine whether or not --
- .. . -the .public- convenience and necessity require the issuance of - -
the' certificate applied for, and may order the Di -rector of Finance to
issue a- certificate accordance with said application, subject to the -
- - -• fi i ing and approval of an - undertaking and subject to such conditions as
may be ifnposed_by the City Council, including the minimum and maximum
number Of vehicles that may be used: - In reaching a decision, the City
• Council shall consider the.- f-oiiowing factors:
(a) 'whether the applicant is qualified on the basis
. of moral character, experience in the towing -
- business and financial responsibility. -. • -
(b) The probable effect that approval of the -
application would have on the level and -
quality of service available to the public. .
(c) Whether the facilities, personnel and equip - -
ment which the applicant proposes to use are
-- adequate.
Standards for Tow Truck .Equipment. _ - = - �:
_ (a) Truck- Ctrasis: Official police- tow services must have at -
least one rig of one ton capacity with rear dual wheels. The police ;-
officer on the scene shall determine if greater capacity is needed and .
- shall call upon any service capable of providing that capacity, . - -
• regardless of whether -or not said company i -s within the • City or whether -
i it is their period of ti me to receive police requests.. -
(b) Company name: Company. name, address and phone nurther shall
ba displayed on both sides of the tow truck in letters not less than two
and one -half inches in height.
. • - ' (c) Lights: Trucks m
_ must, at all times, be equipped with such _ _ _ _ _
- . - - headlights, tail lights, red reflectors,- stop lights, warning lights, -
etc., as required by California law, plus one white utility light - - -
• (adjustable or portable), and may be with such other lights as the - _
owner mar desire whi ctg_ are not forbidder- by law. .- - - • - - - ... - '--�
. - _, .. 't.. --.2.:-.I..:....• .�. : -. :
•. 7* -_.. -mac .:.� s
_
• - -- - f Al Lei nr14— b -Tn Nab n +.jirf von . tw+' n[iv:nr• fairren£f f ' trar :- •
' I1ri1 • ` . • •
. Exhibit - A
P _ ce Five
Standards for Tow Truck E uirr:ent (cunt hued)
(e) Additional Equipment: Trucks must be equipped with red
flares, lanterns or ref hectors, •hand tools, crowbar, rope, broom, -
s• fire extinguisher (dry chemical type), portable
shovel,' dust pan, fir,. e„ci., ,/ �. �p , e �. �.. I
red tail light and.top light - For towed v_nicles, ecuiprrant for - -
opening lacked vehi c1 es and safety snubber chain. Each to coErany
shall have at least one set doilies readily avai l abl e a t all ties.
- = --
Attendant.or Operators Pee mit RegIui red - -_
- Appl ication: No person shall drive or operate any official
police towing vehicle described in this chapter in the City without - _
first obtaining .a permit in writing to do so from the Chief of Police.. - - -_._
• Any person desiring to obtain such operator's permit shall rake- a written application therefore to the Chief of Police, accor;panied by
a fee as designated by the Director of Finance. Applicant ► or a Len- .
dant or operator's permit shall be required to be photographed and - _
finger No attendant or operator's permit shall be issued to . •
any person: - - - - -.: •
(1) Under the age of 18 years.
(2) . Who, within a period of two years immediately preceding - -
. . - . ' such application, has been convicted of reckless driving - _. .
- • - - - - -_ _._._or--any provisions of the Alcoholic Beverage .Control Act, ' _
• . California Penal Code, California Vehicle Code, or any - --
. . . - _:other code, which is directly concerned with the opera- -
_ t i on of a motor vehicle while under the influence of -
• - - - • • alcoholic _beverage, or_ drug, or combination n aticn of al co of
and drug. -- •
(3) Who is *i
1ncOrpetet or for any reason whatsoever unable .
• to handle such vehicle safely. .
(4) Who cannot speak the English language. -
(5) l•;ho does not hold a vehicle driver's license i ssued by
the Motor vehicle Depart:len t of the State of California •
of the proper class required. - _
(6) Who is not sufficiently acquainted with the la ws or _
ordinances regulating he operation of rotor vehicles- _ -
' (7) Who falsifies the application for said permit. __ _
Standard Rules of Operation - -
"-
_- -- - (a) All .requests_for towing_service._aad the removal of traffic : -
hazards shall be made through the Police Departent. .
(b) When it becomes evident that there will be- a delay of thirty
. minutes or - more in responding request for towing
service, the towing company shall advisejho Police Depart- - .
ment of this delay and the alternate toe service will be
called.
• (c) There shall be an attendant on call of respanclinf
Police requests for towing as well as to lac? pr sect or
•
- - . available for release of vehicles to the public twenty-four hours - ..
_ a day, sever days a w . - - - .--,...::'....;"7--;:
- . • _ - . _ • « _ _ _ - . - .. •.. • , --:.=r ....;. - _ ,- -,- . s
. , ::k. bi :. i'A"
P.3:3 Six • •
Standard Rules of Operation (continued)
(d) Removing Hazards: After being dispatched by the Police
Cepartmen; to the scene, the tow truck operator shall
cooperate with the police officers in removing hazards
and illegally parked vehicles as requested. it is the
duty of he police officers to determine when such a
vehicle s1io'uu1 d be tw unded or moved and the tow truck -
operator shall abide by their decisions.. _ _ =
(e) Each towing company shall comply with current requi rerrents " _
- of the Vehicle Code of the State of California regarding
signs on tow trucks. Only tow trucks bearing the nacre - .=
of the:company called shall be dispatched to the scene �s -
o f• need.
• • (f) All. owners of towing companies shall conduct their business • • i ce :
- in_an orderly, ethical, businesslike manner and use every
means •to obtain and keep the confidence of the motoring - • - -.
.. - public. - -
• (g) Vehicles impounded by the police for special investigation, -
- • i.e., fingerprints;.etc., shall be held in maximum security • .
" until cleared by investigating officers.. - Contents of
• - vehicles with th� a- "police hold" shall not be re ved. . -
•
• (r). The owners of towing companies participating in towing
• . - assigrments by the Police Department shall be responsible for - -
- - the acts of their employees while on duty. Towing company -
.. - shall be.responsible for damage to vehicles while in their •
- possession. -- --
- (1) - All towing company's records eq=iip: ent and storage
• -- facilities will be subje.ct-tcr periodical checks by Police
- . - Department investigators. _ -
_ (j) All vehicles stored or impounded as a" result of a "tow -
ordered by the Police Department," shall be made available -
to the owner of the vehicle or his representative, any
- insurance agent, insurance adjustor, or any body shop or --
car dealer, for purposes of est i r at i ng or appraising '
darrages, except vehicle with a "police hold." -
(k) All "Official Police Towing Service" shall record their tirre - - • . - in and their tirr o +ut on every tow truck assignment. Set ;; - _
records shall be available and open to police examination.
• (1) All tow trucks used shall be radio-equipped.
_ (n) Storage lots shall be properly (at least six feet
high) to rai ntai n a rrraxim:an of security for stored and
impounded vehicles. Space under cover for zt least one
• vehicle shall be provided. -
• - (n) Storage lots shall be located within pretcribed radius .of - -
the location of the Seal Beach City Nall as designated by
the City Council. •
- (o) An official garage shall not proceed with any repair work on •
a vehicle or place any chaff against a vehicle other
those occasioned by removal from the- street and storm . _.- . .
. unless authorized by themacc.or his d[:signot d agent— - : .
- - -
E. iibit
?ac Sev
Standard Rules of Operation (continued) - • - -
(p) Official garages :her disposing of unclaired.vebicles shall -
abide by all Civil Code Sections pertaining thereto.
(q) All vehicles' stored or impounded as a result of a "tow
'ordered by the Police Department" shall be towed directly
to an official storage lot unless the Police Department - = -- . 2
or other person legally in charge of the vehicle requires -_ _ -
- that it be taken to some other location. C
- Grounds for- Revocation •
Any certificate or permit granted under the provisions of these rutes3: ;:^
and regulations rray be revoked by the City Council, either as a whole or • :_:.e: = :..
as to any person or vehicle described therein, or as to the right to use • - -
any distinctive or insignia, after five (5) days notice - -
- -- - to the holder requiring him to appear at a certain time and . .-_-_
- - . place to show cause why the certificate should not be revoked, for any
of the following reasons: . --- - • ; : ._..
(a) That the certificate has been withdrawn or lapsed - - - : --
• - or is not in force- ,"or any reason-. _ - - - -
- •- - - - Sb).- -For-the non - payment of ally City business license or other .
fees required by the Seal Beach :�unicipal Code_ --
(c) Breach -of any rules, regulations or conditions set out in - - -
-• •• • any applicable State of California Code, Seal Beach Municipal
Code, Certificate, or the agreement entered into between the •
City of -Seal_ Beach and the tow service. -
(d) _For the vi of at on_ of any- the laws o f the State of California nia -
or the City with re spect to the operation of the business by
•- a certificate holder or repeated violations by operators or -
. • attendants of any vehicle covered by such certificate. - .
(e) For failure to maintain satisfactory service to the public or -
for failure to keep any vehicle in a safe condition and - • -
good repair or for failure to use the distinctive coloring,
monogram, or insignia described in the application, or for
deviation from the schedule of rates set forth in the . - -
appl i cation
(f) For any cause which the City Council finds which make it . - - -.
contrary to the public interest, convenience, necessity or • -_ :. _
general- welfare for the certificate or per:nri t to be continued. rt� •
• __ _ __ - - - .. - I`�
Suspension - - - =
If any section, subsection., sentence, clause, phrase or portion of _ --.
these rules and regulations are for any reason held invalid or unconsti tu-
_ tional by any court of competent jurisdiction, such portion shalt be deemed - -
a separate, distinct and independent provision and .such holding shall not -
affect the validity of the rersining portions thereof_ - . - -_ . -
• •- • -•. - • .• _ -- .. - ._ - -
- - _ _ = - •rte -.r +-
. vim ± Y
r
• S 14) D 410
/ g
Exhibit "B"
Page Eight
EXHIBIT "B"
TOW SERVICE FEES
Collision Tow $40.00
Impound Tow 40.00
Dolly (add to basic tow) 25.00
Motorcycle Tow 40.00
R & R Driveshaft 10.00
Extra Truck & Operator 40.00
Storage (per day pass. cars, motorcycles, 3/4 ton chassis) 6.00
Storage (motor homes and 2 ton or over) 10.00
Covered Storage 7.50
Freeway Service (driver request) 30.00
Vehicle Release (after business hours) 15.00
Hook -up and Release (at scene) 30.00
Tow Police Vehicles from beyond Seal Beach City Limits 17.50
,
r .0
• •
AGREEMENT
THIS AGREEMENT is made and entered into day e ente e this � d y of
Wt. . , 1981, by and between the CITY OF SEAL BEACH,
a municipal cor'' ration, hereinafter referred to as "CITY" and Rossmoor
Tow Service, hereinafter referred to as "OPERATOR."
W I T N E S S E T H
WHEREAS, the City Council of the City of Seal Beach has elected
OPERATOR as one of the "Official Police Tow Truck Services "; and
WHEREAS, the Rules and Regulations for Official Police Tow
Truck Services requires that an agreement be executed between CITY and
OPERATOR which contains the eligibility requirements, operating regulations
and fee schedules for the operation of "Official Police Tow Truck Services."
NOW, THEREFORE, in consideration of the foregoing, the parties
hereto agree as follows:
1. The parties hereto mutually agree that the operation of
OPERATOR'S "Official Police Tow Truck Service" will be in conformity with
the eligibility requirements and operating regulations contained in the
Rules and Regulations for Official Police Tow Truck Services, which is
attached hereto marked as Exhibit "A" and which by this reference is
incorporated herein as if fully set forth.
2. The parties hereto further mutually agree that the fee
schedule for the operation of the "Official.Police Tow Truck Services"
within the City of Seal Beach shall be as -t forth and adopted by the
City Council of the City of Seal Beach sap _, L , 1981,
which is attached hereto marked as Exhibit "B" and w 'ch by this reference
is incorporated herein as if fully set forth.
3. The parties hereto further mutually agree that the City
shall not be liable for any damages resulting from any activities of the
OPERATOR while in performance of his duties as authorized in the Rules and
•
s •
Regulations for Official Police Tow Truck Services. The OPERATOR agrees to
defend and hold the CITY harmless from any and all claims made against the
CITY as a result of OPERATORS activities.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year set forth above.
CITY OF SEAL BEACH
Mayor Chi edell
ATTEST:
tor.. �// ./
Joanne Yeo, Mty Clerk
C.'
Rossmoor Tow Service
By 1