HomeMy WebLinkAboutStaff Report 3.B 05/07/2012 •
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DATE: May 7,:2012
TO: Honorable Mayor and:Me " 0 'rs if the City Council through City Manager
FROM Dan Fish, Chief of Police �� Or
SUBJECT: Resolution-Approving.a Form City of Petaluma Police Department Tow Service
Franchise Agreement
RECOMMENDATION
It is recommended that the City, Council adopt the.attached-resolution.approvingthe form "City
of Petaluma Police Department Tow Service Franchise Agreement'pursuant to Chapter 11.94 of
the City of Petaluma Municipal Code entitled"Nonexclusive Tow Franchise Agreements".
BACKGROUND
On,April 16, 2012, the City Couneifadopted Ordinance 2430:N:C.S. to amend Petaluma
Municipal Code:("PMC"),Chapter 11.94 and allow the '`Tow Service_Franchise Agreement"
formerly codified in that chapter to'be;updated and modified by City Council resolution.
Because of needed-changes to the.agreement and the related,maximum tow rate schedule, staff •
recommended this modification. As part of the update, staff also recognized a need for more
detailed procedures for•tow franchise;awards and updated standards for tow operators and
equipment. The changes recommended to the City's forrmagreement-will now match many of
the California Highway'Patrol r("CHP") state standards.for tow operators'and equipment
contained in the form CHP Tow Service Agreement. Because operators are generally
familiar with the CHP standards,the changes are expected;to make it easier for operators, who
for the mostpart will have to:comply with only one set of performance.standards.
DISCUSSION
The Police Departmerittprovides'law°enforcement and publicsafetytowingservices to the
community by awarding Tow,Service Franchise Agreements. The existing agreements are
currently expired,are;outdated and need to be,renewed. Staff hasieviewedand'updated the
agreement and`added'application procedures and performance standards for interested towing
operators:
Agenda Review:
City Attorney Finance Director City Manager
The franchise fees being collected under the franchise agreement Will not be changed. The
maximum,tow rates;cbarged`by the towing operators have been updated, and will be subject to
increase in the,future,if the-California Highway Patrol increases its recommended maximum tow
rate structure for Sonoma County:
FINANCIAL IMPACTS
There are-;no.financial impacts to making these changes to the agreement, other than staff and
legal review time in preparing the revised agreement.
ATTACHMENTS
1. Resolution
2. Tow Franchise Agreement
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NIto.c4Acc.ecs\C 1.
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RESOLUTION OF THE CITY COUNCIL OF THECITY OF"PETALUMA
APPROVING A FORM CITY OF PETALUMA POLICE
DEPARTMENT TOW SERVICE FRANCHISE AGREEMENT
WHEREAS,.the .City has entered into.agreements ("Tow Franchise Agreements") that grant non-
exclusive franchises to provide towing and storage services in the City of Petaluma ("City") as part
of the Police Department's towing:program;.and
WHEREAS;. Petaluma Municipal Code Chapter 11.94 provides authority for granting of non-
,
exclusive towTranchises.and execution of Tow Franchise Agreements between the City and private
tow companies,operating in the City in;accordance with andssubjectto the requirements of Chapter
11.94; California Vehicle Code section 12110, subdivision (b), and sections 46, 51, and 75 of the
Petaluma'Charter; and
WHEREAS, Petaluma Municipal Code Section 11.94.020 authorizes the City Manager to execute
form Tow Franchise Agreements; and
WHEREAS, on March 5, 2012, the City Council introduced an ordinance amending Petaluma
Municipal Code section 11.94.040 to-permit amendment of the Tow Franchise Agreement form and
the setting of maximum rates which franchisees may charge for tow services byresolution; and
WHEREAS; in accordance with the-Charter of the City of Petaluma. Section 51, on April 16, 2012,
the City Council adopted an ordinance amending the Petaluma Municipal Code section 11.94.040 to
permit amendment of the Tow Franclii'se-..Agreement form and the,;setting of maximum rates which
franchisees may charge for tow services by resolution.
NOW, THEREFORE, BE IT RESOLVED:
1. The City of Petaluma-Police Department Tow Service;Franchise Agreement attached
here as Exhibit A is approved for use as a non-exclusive,franchise agreement by the City.
2. This resolution shall take;effect upon the effective date of City of Petaluma Ordinance
No. 2430 N.C.S.
CITY OF PETALUMA POLICEDEPARTMENT
TOW SERVICE FRANCHISE AGREEMENT
This Cify,of:P,etalumaPolice=Department Tow Service Franehise.A'greement ("Agreement") is
entered line, effective as of , 2012, between the CITY OF PETALUMA,
a municipal corporation and a charter city("City"),and
("Contractor"), (collectively, the"'Parties"). City or Contractor are sometimes referred to herein
as a"Party."
RECITALS
WHEREAS, Contractor has.applied,to provide towing and 'storage service in connection with
the City's;Rotation Tow Lists;
WHEREAS; Contractor has the necessary expertise, equipment and skill to provide tow services
in response to calls generated from the City's Rotation Tow Lists as set forth_iirthis Agreement;
WHEREAS, the City is authorized.to award a franchise for such towing services pursuant to
California Vehicle Code section 12110, as may be amended from time to time, and pursuant to
the City Charter;
NOW THEREFORE, for good•and valuable consideration, the receipt,and sufficiency of which
is hereby acknowledged,the Parties agree as.follows:
SECTION 1 - DEFINITIONS
"Bundling' means the practiee of removing several vehicles from an area, as in the conducting of
a special project or sweep, and storing them as a group, generally near the area they were
removed froni, until they can be transported to the Contractor's storage area.
"Communications Center" means the Petaluma Police Department's Communications Center.
"City-generated tows" means the towing of vehicles in response to calls generated froth the
RotationTow.Lists included'under Section 2B of this Agreement.
"City Manager" means;:the City Manager of the City of Petaluma;'or his or her designee.
"Class 'A'Tow Truck" means a=tow truck as defined in Section9°of the current version of the
California Highway Patrol ("CHP") Tow Service Agreement as it may be subsequently modified
or renumbered (' Cl` lP Tow Service Agreement'or "CHP 234''), a copy of which is:available for
reference at the Petaluma Police Department.
"Class 'B' Tow Truck"means.a tow truck as defined in Section 9 of the CI-IP Tow Service
Agreement.
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'Class 'C' Tow Truck" means',a tow truck as defined in Section 9cof the CI-IP Tow Service
Agreement.
"Class 'D' Tow Truck" meanssa°tow truck as defined,in Section.9 of the CHP Tow Service
Agreement.
"P.olice.Deparfnient" means=the•Police Department of the,Cityoffetaluma.
"Police(Special Services"-means:a response to a call generated fro m the Police Special Services
Rotation"Tow List.
"Service•Calls" means calls generated from the Regular Rotation Tow List for vehicle assistance,
including lockouts,jump starts, tire:changes and fueling.
"Sweeps" means police operationsexpected to result irra need toltow four (4) cars or more or
special operations for which Contractor will be required to leave the city`lifnits of Petaluma if a
tow is requested.
SECTION 2 —TERM
The term of this Agreernenfis?from ,.2012, to
,.2015, inclusive, subject to early termination pursuant to section 6.
SECTION 3 —SCOPE OF SERVICES
A. Contractor agrees to provide, in response to calls;generated from the City's
Rotation Tow'lists(as set forth herein, in subsection B), towing and storage of
vehicles, and related services as set forth herein. The City places no maximum on.
the number of City-generated tows that Contractor may be required to provide in
any time period:There shall be no obligation upon City to provide Contractor
with a minimum'number of City-generated tows during any time period.
B. Rotation Tow Lists.
1. ,Call's generated1fromthe Police•Speci'al Services Rotation Tow List
;include, but are'not limited to, vehicles impounded for evidence or
criminal investigation, or tow serviceskfor City vehicles. Tow services for
City vehicles'include, but arc not limited to, towing,jump-starts,'and flat
tire repair. Contractor will be available�for_SpecialService Rotation calls
24.hours a day, 7 days a week.
2. Calls generated from the Regular Rotation Tow List include, but are not
limited to,;storage of vehicles, disabled vehicle's, traffic hazards, traffic
collisions,;vehicles parked over 72 hours,,Service Calls, or'other tow servicesnot covered under any other list Con_tractor will be available for
RegulafRotation calls 24 hours a day, 7 days a Week.
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3'. Cakgenerated from the Abandoned and'Junk°Vehicle-Rotation Tow List
• include„but are;not;limited to, vehicles towed pursuant to California
Vehicle Code section.22669(d) Contractorwill be<available for
Abandoned and Junk Rotation calls•Ivlonday through Friday, 8:00 a.m. to
5:00 p. in., except holidays or under special`.circumstances.
4. Calls':generated from the Serious Traffic.Offender Program ("STOP”)
Vehicle Forfeiture/30 Day Impound Rotation List are limited to vehicles
impounded pursuant to the California Vehicle>.Code for a 30-day impound.
Contractor will be available for STOP-30 Day Impound Rotation calls 24
hours a day, 7 days a week.
C. Requests for Service and Response Standards.
Contractorwill be notified of a request forrotationtow services via
telephone from.the Communications Center. Communications personnel
will attempt telephone contact one,tinie,.allowing the phone to ring at
least siz'.(6) complete rings. If afterthe;sixth ring there is no answer, the
next Contractor on the list will be called.
2. If Contractor fails to answer the telephone, or answers but declines to
provide°the requested services, the next Contractor on the list will be
called. If the next Contractor called isnvailable, that call will not
constitute that•responding contractor's next call on the Rotation Tow List.
• Instead, the responding Contracforwill be indicated on the list over
Contractor's name. The responding Contractor will then maintain its
original position-on;the.list as next on;rotation. Responding to a Service
Call will_not alter a contractor's position on the Regular Rotation Tow
List.
3. Contractor inquiries to the Communications Center shall be limited to
urgent andjustifed circumstances, and not Inquiries as to Contractor's
placeonany Rotation Tow List. 'However, if Contractor will be
unavailable for an extended period of time, Contractor shall contact the
Communnications`Center in advance to provide information regarding the
time.during which Contractorwill be-unavailable.
9: Contractor shall,arrive at.the.site at which-the vehicle to be towed is
located"within thirty (30) minutes of receiving a telephone request from
the Communications Center. Contractorwill advise the Communications
Center if, at the time of receiving a•request;for services from
Communications[Center,,Contractor anticipates'it will be unable to
respond within thirty (30) minutes.
5:
If Contractor fails to arrive at the site at which the vehicle to,be towed is
located within thirty (30) minutes, or if Contractor passes on a tow without
good cause as determined by the City, the City shall have the right to have
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the-Vehicle towed by another"Contrraetor: Repeated failure to meet the
response standards set forth above,shall constitute,a=material breach-ofthis
Agreement.
D. Standards of Service.
I. Certain standards of service.required,of Contractor are incorporated in this
Agreement by reference to the most current;,version"of the California Highway
Patrol ("CHP") Tow Service Agreement (CHP Form 234), a copy of which is
available for reference at the Petaluma Police.Department and at
http://www:chp:ca.gov/programs/rotationhtm}_or such successor CHP Rotation
Tow Program website:as may be implemented by the CHP. References in such
standards to the'CHP, CHP tow program operations arid/or,Ci-IP personnel are
'intended to refer tothe:City of Petaluma and its Polices Department, Petaluma
Police Department tow program operations and City of Petaluma personnel.
2. The following CHP Tow Service Agreement sections are incorporated
herein by reference as though fully set forth. In the event of subsequent
modification to the CHP Tow Service Agreement that modifies the section
numbers or titles of incorporated standards; the subsequent standard's covering the
same subject matter;shall apply:
a. Section 3. "TOW OPERATORS."
b. .Section 4. "TOW OPERATOR'S BUSINESS."
(i) In addition to theistandardscontained in Section 4 of the
CHP Tow Service Agreement, the'following documents, printed
in a minimum of 12-point type, shall be posted by Contractor at
each storage facility in a conspicuous location, easily visible to the
public:
(1) Name and address of Contractor's insurance broker
handling the insurance coverage required pursuant to this
Agreement;
(2) A notice explaining the procedure by which
unclaimed vehicles are sold at public auction, including the
locations of such auctions and publications in which such
auctions iare"advertised, and stating,thatall_in attendance at
such auction shall:have anequal:opportunity to bid.
c. Section 6. "RESPONSE TO CALI.,S." The CFIP standards and
procedures contained in this Section are supplementary to Section
2.C. of this"Agreement. Whenirrcontlict, Section 2.C. of this
Agreement shall govern.
d. Section 8. "TOW TRUCK DRIVERS".
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e. Section 10, "GENERAL.EQUIPMENT SPECIFICATIONS."
f Section 11. "INSPECTIONS:"
g. Section 12, "RATES," subsections 12-.D, 12.F through 12.1, and
12.K through 12.0 only.
h. Section 16. "DEMEANOR AND CONDUCT."
3. Contractor"fshall provide City annually on January 15`" a completed
current version of the TOW OPERATOR/DRIVER INFORMATION
(CHP 234F) form for each tow truck driver employed by or under
contract with Contractor, and shall provide City with an updated form
within twenty four (24) hours of any change.in driver status. Forms
provided,annually shall be the current version of form CHP234F or other
Tow Operator/Driver Information Form asadopted by the'California
Highway Patrol and normally available at.
http://www.chp.ca:gov/programs/rotation:html or successor Cl-IP
Rotation Tow Program website. The:driver's current home address, if
different from DMV records, shall be listed ()lithe form along with a
home telephone number.
4. All of Contractor's officers, agents; or:employees who engage in
performance of this Agreement with City on behalf of Contractor shall be
neat-in<appearance.and courteous to the public-and to City employees.
5. Contractor shall supply its tow truck drivers-with shirts upon which the
name:of the driver has,been stitched on the left pocket or a pin-on name
tag to be'affixed to the left hand pocket. The:shirt or name tag must be
worn by the driver at all times when-the driver is towing vehicles or
interacting with the public or City pursuant to`this Agreerent.
6. Contractor shall take prompt and appropriate steps to resolve any third
• party complaints arising from or related to services provided pursuant to
• this.Agreement. Contractor shall provide;each such complainant with a
Custerner Complaint form (provided:by:City), and shall fully cooperate
With-City's investigation of and attempts to resolve complaints.
8. Neither City personnel nor Contractor nor Contractor's employees shall be
offered or accept gratuities pursuant to CVC section 12110(a). No tow
operator or its'employees shall accept any gratuities from a repair shop for
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the delivery.of.a vehicle not owned'bythe repair shop or the tow operator
for the purpose of storage or repair pursuant,to CVC section 12110(c).
'9. In=the event Contractor discoversuthat a,vehicl'e which has been towed has
a'Vehicle Identification Number (VIN) which-is different that the VIN
showing on.the:CHPForm 180, the Contractor will.notifythe:Police
Department Traffic Division withimtwenty-four (24) hours of the time of
such discovery.
10. Multiple'vehicle,tows (bundling) are permitted only during traffic
collisions or of multiple vehicles from a single private property
location.
11. Failure to comply with any of the.standards,of service set forth in this
Subsection may treated as a material breach of this Agreement.
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E. Required Tow'Trucks and Equipment.
1. Contractoryshall-maintain a minimum of three tow trucks with wheel lifts
or two trucks with wheel lifts and onetar`carrier to be available for City-
generated tows. The trucks must be staffed appropriately and stored at
locations sufficient to allow for the mandatory maximum response time
The trucks'must have a means of communicating with the Contractor's
dispatch,center, preferably via 2-way'radio. At least one truck must be
equipped with the means of towing ball-type•trailers.
2. Contractor shall equip, operate and maintain tow trucks covered under this
Agreement in accordance with the provisions;in`the CVC, Title 13 of the
California-Code,of Regulations, the specifications in this Agreement,
.including but not limited to Section 1'0 of the'CHP Tow Service
Agreement and in a manner consistent with industry standards and
practice.
3. All of Contractor's tow trucks,shall be identified with signssin compliance
with CVC section 27907, with-the additional:fequirenientthat suchsigns
be,dis'played,on the right and left doors of.,each tow truck.
F. Storage Facilities.
1. All vehicles•stored pursuant to this Agreement must be stored within
Petaluma city limits. Contractors,shall maintain a storage lot or lots for
purposes.of storing vehicles towed pursuant to"this.Agreement which
meets the following'requirements:
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a. The lot shall include a level area large enough to store at least
thirty (30) automobiles with at least two (2)feet of clearance
between the sides of all vehicles, and at least one-foot of clearance
between the front or rear end of any vehicle and the front or rear
end,of another vehicle. .
b. The lot shall be enclosed by fencingthat complies with all
applicable City ordinances and regulations including applicable
zoning;regulations and permits;
c. The lot shall be available-twenty-four(24) hours a day, seven (7)
days a week including holidays:for,,storage::of vehicles towed
pursuant to this Agreement;and
d. The lot shall be maintained,so;as to be reasonably secure from
intrusion by unwanted persons;and adequately lighted.
2. Contractor shall also maintain covered storage on at least one of its storage
lots capable:ofstoring at least one (1) vehicle._
3. Contractor;shall maintain an office at its primary storage lot, staffed
twenty-four(24) hours a day, seven (7) days.a-week including holidays by
at least one employee, or have an employee available who can arrive at the
office within thirty (30)minutes of a City or,citizen request. Contractor
shallTrovide:a.phone number that is-answered twenty-four(24) hours a
day and shall display that number in a prominent place.
4. An employee of Contractor shall;be,properly trained to conduct busines
transactions relating to towing, storage andtrelease of vehicles/property.
5. Contractor shall maintain a security system sufficient to protect the office
and the vehicles stored pursuant'-try ythis Agreement.
6. Contractor,shall be responsible forthe'safekeeping and prevention of
vandalism of all vehicles and contents'which are stored or,impounded by
the City until such vehicle has been released to its owner, or disposed of
through'legal process:- Contractor shall comply with police regulations
regarding the inventory or removal of property found in police-stored or
iinpounded'vehicles.
7. Upon approval by the City, Contractoror'its:employee shall release
'personal property from a vehicle which has been stored/impounded by the
City at the request of the vehicle=s registered owner or agent (personal
• property.is considered to be items which are not affixed to the vehicle,
including but not limited to papers; cell phones,"pull=out electronic
equipment, clothes, luggage, tools, etc.).
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a. The requirement to obtain approval:of the City;prior to release of
removed'property may excused by the City ifit is determined by the City
that proper safeguards and proceduresareput in place and used by the
Contractor. This requirement may hot be waived when a vehicle has been
impounded for evidence and investigation.
b. Areceipt shall be provided:for thexemovedproperty, with a copy
placed in the.stored vehicle. This receiptprocedure shall also,apply to the
removal of property by Contractor and/or its eniployee•to.asecured area
within the business.
8. Pursuant to California Vehicle Code,("CVC").section 22851(b) and
22651.07(c)(1), no fee shall be charged forrthe;release of a vehicle or
personal property during normal business hours: Normal business hours
are 8 00.a.M. to 5:00 p.m. Monday through Friday, excepting weekends
and state!.holidays.
a. Pursuant to CVC,section2285I(b), the maximum charge
for a non-business hour release shall be one-half the hourly
tow rate, or less, charged for initiallytiowing the vehicle.
b. Pursuant to CVC"section,2285i(b),No lien shall attach to
any personal property in or on the vehicle
9. Pursuant to CVC"section 10650(a)„theroperatorshall keep a written record
of every every veliiele.stored for a period.longer than 12 hours.
10. All of Contractors storage facilitiesshall have valid land use and other
regulatory permits, as may be required bylaw.
11. All of Contractor's storage facilities;shall be operated and maintained in
compliance with all applicable environmental laws and regulations.
H. Vehicle Releases.
1. Stored or impounded vehicles shall not be released unless Contractor is
presented with a written release authorized by.the City.- Upon receiving
such a release during normal business hours, Contractor shall grant the
release and at-no additional compensation,-provide.all.services and
equipment necessary to release the'vehicle or property taken from the
vehieleowner pursuant to this Agreement.
2. 'Contractoi_-shall complete a Veliicle.In pound,Disposition Sheet (provided
by City) for each vehicle released-from impound,.and shall maintain the
completed Vehicle Impound Disposition Sheets.
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3. In the event an owner of an impounded vehicle surrenders title to the
vehicle'`toiCont actor, Contractor:shall berentitled to immediately dispose
of the vehicle.
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Lien Sales.
Contractor will comply with the lien sale provisions set forth in Vehicle Code
Section 22851, and Civil Code Sections3068.1 to 3074, inclusive. Contractor is
responsible for forwarding any excess lien sale proceeds in accordance with state
law.
SECTION 4 - TOWING AND STORAGE CHARGES
A. The maximum-rates which Contractor may charge for the towing and storage of a
vehicle pursuant to this Agreement are set forth in Exhibit A, attached hereto and
incorporated'herein by reference.
B. Contractor shall not charge for moving a vehicle from one of Contractor's lots to
another.
C. Contractor:shall not conspire, attempt to conspire, or commit any other act of
collusion with-any towing Contractor onapplicant for the purpose of secretly or
otherwise establishing an understanding<regardingerates,or conditions to a Tow
Franchise Agreement-that would bring about any unfair condition which would be
prejudicial to the City,the motoring public or other`franchise operators.
D. City will compensate Contractor at the rate of$50.00 per vehicle for each
abandoned vehicle towed pursuant to California Vehicle Code Section 22669,
from the Abandoned and Junk Rotation Tow List.
SECTION 5 —FRANCHISE FEE
A. Contractor shall pay the City a franchise fee as follows:
1. $75.00per vehicle towed pursuant to the STOP Vehicle Forfeiture/30 Day
Impound List; and
2. $2000 per vehicle for all other tows pursuant to:this Agreement, except
for tows pursuantto the Police Special Services Rotation Tow List,the
Abandoned and Iunk Vehicle Rotation Tow List and those vehicles towed
pursuant to Vehicle Code Sections 22651(k) and 22651 (o).
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B'. Payment Requirements.
1. Franchise will be provided`to Contractor(s) within 10 business days
of the:end'of each month. Franchise fee payments shall be due and
payable on the fifteenth (15t ) of every month. The payment is to be
delivered-to-the Finance Department'w ith a.cop y of the invoice sent by the
Police:Department.
2. Franchise fee.payments pursuant-to this Agreement shall be in addition to
any other license fees, business license tax, or other fees or taxes required
by the City.
3. Each franchise fee payment shall be accompanied by a.statement, verified
by Contractor,showing in such form and detailas the City's Finance
Directormay require the facts material to determining the amount of the
monthly franchise fee.
C. Records. Contractor shall at all times.maintain accurate and complete records of
each City-generated tow, which shall contain the following information:
1. Name and,address, if available, of the'person whose vehicle was towed;
2. Vehicle-identification number, license plate number, make, year, and
model oftowed'vehicle;
3. Date and time request for tow was received;
4. Identify reason for tow by applicable'Rotation Tow List, e.g., Police
Special Services, Regular, Abandoned and Junk Vehicle, or STOP Vehicle
Forfeiture/30 Day Impound;
5. Date and time of vehicle release;
6. Name of person to whom:vehicle was released; and
7. All of Contractor's fees and charges for-tow, including, but not limited'to,
fees for towing, storage, gate fees, repair,'and.lien sale proceeds including
the'd,at'e such fees, charges or proceeds were received:
D. Contractor-shall,provide City with the;infomiation required to be recorded wider
subsection C, above, upon request along with the monthly franchise fee payment.
SECTION,6 -TERMINATION
The City shall have theright•to?terminate this Agreement without cause, upon thirty (30) days
written notice+of termination. City may immediately terminate or suspend this Agreement for
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cause upon written notice.to'Contractor. Cause for termination includes, but not limited to, any
material breach of this Agreement;failure to comply with applicable laws and regulations; and
unacceptable; repeated-and/or unresolved third party complaints. In'the event of termination,
Contractor shall deliver to the,City within thirty(30) days of'the date of termination copies of all
reports, documents,.and other workperfonmed by Contractor underthis Agreement. Contractor
shall pay City-any,outstanding.franchise-fee within 30 (thirty) days df the effective date of
termination.
SECTION 7— LIVING WAGE ORDINANCE
Contractor shall comply fully with the,requirements of Petaluma Municipal Code,Chapter 8.36,
Living Wage (the "Living Wage:Ordinance''), as the same may be;amended from time to time
Upon the City's request Contractor shall promptly provide to'the City documents and
information verifying Contractor's compliance with the requirements of the Living Wage
Ordinance, and shall-within,fifteen (l5) calendar days of the Effective Date of this Agreement,
notify each of its affected employees as`to-the amount wages and time off that are required to
be provided to them pursuant to the Living Wage.Ordinance. Contractor's noncompliance with
the Living Wage Ordinance shall.constitute cause for City's:terimination, of this Agreement
pursuant to Section 5 hereof In the event that Contractor believes it is not subject to the Living
Wage Ordinance pursuant to Petaluma Municipal Code Section 836;040.0 or any other
subsection, Contractor shall provide factual documentation acceptable to the City to establish
that Contactor is not subject to the Living Wage Ordinance.
SECTION 8 -INDEMNIFICATION
To the maximum extent permitted by .law, Contractor shall,, at its own expense, indemnify,
defend with counsel acceptable to the City, (which acceptance will not be unreasonably
withheld), and hold harmless.'City and its officers, officials, employees, agents and volunteers
("Indemnitees") from and against any and all liability, ,loss, damage, claims, suits, actions,
arbitration proceedings, administrative proceedings, regulatory proceedings, civil penalties and
fines, expenses and costs (including, without limitation, claims expenses, attorney's fees and
costs and fees of litigation) (collectively, "Liability") of every nature, whether actual, alleged or
threatened, arising out of or in ,connection with the Contractor's work performed under this
Agreement or its failure.to comply with any of its-obligations'contained in this Agreement or the
terms of this Agreement, regardless of any fault or alleged fault of the Indemnitees:
The Contractors obligation to indemnify, defend and.hold,:harmless under this provision shall
not be excused because of the Contractor's inability to evaluate Liability; or because the
Contractor evaluates Liability and determines that the Contractor is not or may not be liable.
'fhe.Contractor must respond within 30 calendar days to any tender,for defense-and'indemnity by
the City,,unless the time for responding has been extended by an authorized representative of the
City in writing. If the Contractor ails to accept tender of defense and indemnity within 30
calendar days, imaddition toanyother remedies authorized by law, so much of the money due or
that may`become due they.Contractor ,under this Agreement as'shall reasonably be considered
necessary by the City, may be retained by the City until disposition has been made of the matter
subject to tender, or until the Contractor accepts the tender, whichever occurs first. In the event
that the City must file responsive documents in a_matter tendered to Contractor prior to
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Contractor's acceptance of tender, Contractor agrees to.fully reimburse all costs; including but
not limited to attorney's fees and costs and fees of litigation; incurred by the City in filing such
responsive documents..
Contractof waives any and all rights to express or iniplied indemnity against the Indemnitees
concerning any Liability of the Contractor arising out of or in connection with the Services or•
Contractor's'_failure to comply with:any of the terms of.this Agreement.
SECTION 9 - INSURANCE:REQUIREMENTS
A. Contractor and;any..subcontractor shall not commence,work under this Agreement
until Contractor and any subcontractor shall have Obtained all insurance required
under this section and such insurance shallhave.been,approved by the City
Attorney as to forin and carrier and the City's Risk'Manager as to sufficiency. All
requirements herein provided shall appear either the body of the insurance
policies or as'endorsements and shall specifically bind the insurance carrier.
B. Contractor shall maintain`the following minimum'levels:of insurance for the
duration of this Agreement from an insurance carrier with a current A.M. Best's
rating of no less than ANVIL
1. Minimum.Level of Financial Responsibility-0s required by California
Vehicle Code §34631.5) - Bodily injury and'property damage with a
combinedsingle limit of not less than'$750,000 for Class A tow trucks.
The combined limits for Classes B, C,;;and D shall not be less than
$1,000,0001 These minimum standards are to include non-owned and hired
auto coverage.
2. Uninsured,Motorist - Legal State of:California minimum, combined single
limit.
3. On-FIook Coverage - Insuring the vehicle in tow with limits based on the
size-of the tow truck as follows:
a. Class A tow truck $50,000
b. Class-13 tow truck $100,000
c. Class C tow truck $200,000
d. Class D tow truck $250,000
4.. Garage Liability - Includes premisesand.operations. Coverage for bodily
injury and`property damage withRa combined single limit of not less than
$500;000.
5. Garage'Keeper'sLiability -:Shall be the same.minimum as on-hook
cOverage for vehicles in the care, custody, and control of the operator in
the storage:yard.
Page 12 of 18'
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6. Workers' Compensation Insurance:—Legal Stat of California minimum
requirements.
C. Any deductibles or self-insured retentions.mustbe declared to and approved by
the City. At the:option of the City, either the insurer shall reduces or eliminate such
deductibles or self-insured'retentions as respects the City, its officers, officials,
employees, and volunteers; or the Contractor>shall procure abond guaranteeing
payment Of losses and related investigations, clairnadniinistration and defense
expenses.
D. The required policies are to contain, or be endorsed to contain the following
provisions:
1. The.City;,its,officers;;officials, employees, agents and volunteers are to be
covered as insureds as respects:.liability arising out of activities performed
by or on behalf of the Contractor; products and completed operations of
the Contractor; premises owned, occupied or used:by the Contractor; or
automobiles owned,leased, hired or borrowed by the-Contractor. The
coverage shall contain no special limitations on the scope of protection
afforded to the City, its officers,officials, employees, agents or volunteers.
2. For anyclainms related to this Agreement, the Contractor's insurance
coverage shall be primary insurance asrrespects the City, its officers,
officials,;employees, agents and volunteers. Any insurance or self-
insurance.Maintained by the City, its officers; officials, employees, agents
or volunteers,shall be excess of the Contractor's insurance and shall not
contribute with it..
3. Any failure to comply with reporting or othcr provisions of the policies
including'breaches of warranties shall not affect coverage provided to the
City;its officers, officials, employees, agents or volunteers.
4. The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought except, with respect to the limits of
the'insurerts liability. ,
5. Each insurance policy required by thisclause shall be endorsed to state
that coverage shall not be suspended; voided, canceled by either party,
reduced in coverage or in limits except after thirty (30) days' prior written
notice by certified mail, return receipt;requested, has been given to the
City.
SECTION 10 - OWNERSHIP OF MATERIALS
All reports, documents or other materials developed or discovered byContractor in the
performance•olthis Agreement or any other person engaged directly or:indirectly by Contractor
to perform Contractor's services are the City's property without restriction or limitation upon
Page 13 of 18.
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their use; Contractor may use such reports, documents'and:other matefials'related to the conduct
of its business.
SECTION,11—GENERAL PROVISIONS
A. Non-exclusive franchise. The City reserves the right to enter into a non-exclusive
franchise agreement with an additional tow service provider at any time that the
City, in its sole discretion, determines this would bein the best interest of the
City. •
B. Integration. This;Agreement and all Exhibitsrattached hereto and incorporated by
reference herein, contain all of the agreements„representations and
understandings of;the.Parties, and supersede and replace any previous
understandings, commitments, or agreements, whether oral or written.
C. Severability. Should.any provision or parttof this Agreement be found to be
invalid or unenforceable, only that particular provision or part shall be
inoperative, and all remaining provisions and parts of this Agreement shall
continue in full force and effect and remain bindingron the parties.
D. Waiver. ThesContractor agrees that the.City's waiver of any breach or violation
of any provision of this;Agreement shall not be deemed to be a waiver of any
other provision or a waiver of any subsequent breach or violation of the same or
any other provision. The,City's acceptance ofthe performance of any of
Contractor's:services will not be a waiver of any provision of this Agreement.
G. Independent Contractor. It is understood and agreed that in the performance of
this Agreement,Contractor (including its employees and agents) is acting in the
capacity of.an independent contractor, and,notas an agent or employee of the
City. Contractor has full control over the means and methods of performing said
services, and`is Solely responsible for its acts and omissions, including the acts
and omissions of'its'employees and agents.
F. Compliancewith Laws. Contractor shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state-and-local,governments,
including without limitation, any and all laws Specified:elsewhere in this
Agreement. .Non-compliance shall constitute a material,lbreach of this Agreement.
G. Conflict of Interest. Contractor shall,avoid all conflicts of interest or the.
appearance of conflicts of interest in performance of this Agreement.
H. Nondiscrimination. Contractor shall not discriminate in the provision of service
or in the employment of persons engaged in.theperformance of this Agreement
on account of race, color, national origin, ancestry, religion, gender, marital
status, sexual orientation, age, physical or;mental disability in violation of any
applicable local, state or federal laws.
Page 14 of 18
Confidential Information. All data, documents, discussions oi:other information
developed or received by or for Contractor in,performance of this Agreement are
confidential and:must not disclosed to any person except as?authorized by the
City, or as required by law.
J. Assignability. The parties agree that the expertise and experience of Contractor
are material considerations for this Agreement. Unless specifically authorized by
this Agreement, Contractor may not assign the performance of any obligation or
interest under t} is.Agreement without the prior written consent of the City. Any
attempt by Contractor to assign this Agreement,.in violation of this Section, will
be voidable at the City's sole option.
K. Subcontractors: Contractor must obtain the,City's written consent for
subcontracting any services pursuant to this Agreement. Contractor shall ensure
that Contractor's subcontractor(s) comply with this Agreement by requiring any or
all of Contractor§.subcontractor(s).to sign an agreement with Contractor requiring
compliance with this Agreement.
L. Governing Law andVenue. This Agreement.shall,be construed and its
performance enforced under California law. Any litigation between the parties
arising from this Agreement shall be venued in the Superior Court of California in
the County of Sonoma.
M. Notices.
1. All notices and other communications required or permitted to be given
under this Agreement must be in writing and must be personally served, or
mailed,postageprepaid via U.S. Mail, or sent via courier service,
addressed to the respective parties as follows:
To,City: City Clerk _
City of Petaluma
P. 0. Box 61
Petaluma, CA 94593
AND
Traffic Division Sergeant
Petaluma Police Department
969 Petaluma Blvd. North
Petaluma, Ca. %942
To Contractor:
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2. Notice will be effective on the date personally delivered'or if sent by
courier service,on the date of receipt If mailed, notice be effective
three.(3') days after deposit in the mail.
3. The parties,may change their respective addresses in accordance with the
provisions of section, by written notification to the other party at the
address(es) above.
N. Headings. The"headings of the sections and exhibits of this Agreement are
inserted for convenience only. They do not constitute part of this Agreement and
are,notto be used in its construction.
SECTION 12 —ACKNOWLEDGEMENT, CERTIFICATION AND WAIVER
By executing this Agreement, Contractor agrees to all of the terms and conditions set forth
herein, and acknowledges that this Agreement and each Of the tennis and conditions herein,
including the franchise=fee,constitutes+a proper exercise of the City's police power under the
City's Charter and pursuant to California law, including, but not limited to the provisions of the
California Vehicle Code. Contractor,further acknowledges that Contractor has had the
opportunity to have this Agreement,reviewed by Contractor's.legal;counsel, and that Contractor
has freely entered into this Agreement. Contractor herebywaives any right to challenge any part
of this Agreement or the procedures by which°this Agreement;;including the franchise fee, is
adopted and implemented;byCity.
By executing this Agreement Contractor further certifies that all tow drivers operating under this
Agreement are qualified and,competent and meet the qualifications:and,standards of service for
drivers contained herein. Contractoi's.initials, affixed below, indicate.that Contractor has read,
understood and agreed to this provision of the Agreement.
Contractor's initials:
WHEREFORE, City hereby awards Contractor a non-exclusive franchise to provide towing and
storage services, pursuant to California,Vehicle Code section 1211-0 and the Petaluma City
Charter. in accordance with the.terms:.and-conditions set forth herein.
Page 16 of 18
1°�
CITY OF'PETALUMA 'CONTRACTOR.
By:•
City Manager Signature
Name
ATTEST:
Title
[Owner or authorized capacity]
City Clerk
• Address
APPROVED AS TO FORM:
City State Zip
City Attorney
TaxpayerI.D. Number
APPROVED:
•
Petaluma Business Tax Certificate Number
Department Director
APPROVED:
Risk Manager
APPROVED:
Finance Director
Page 17 of 18
ao
EXHIBIT A
TOWING-AND STORAGE CHARGES
The maximum rates which Contractor may charge for the towing and storage of a vehicle
pursuant to this Agreement are as follows:
Tow , . : :..,;..:.,,.,: . . . $150.00
Storage(Outside) $ 40.00/day
Storagei(Inside) $ 40.00/day
Release Fee/Gate.Fee $ 75.00
Service Call....(per hour) . . . . ... . ... $150.00
Police-`Special.Services . . . . . .,. . . . $ 50:00
These maximum rates are subject to change during the term of this.Agreement to reflect
increases in rates as provided by the California Highway Patrol's rate structure for Sonoma
County.
•
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