HomeMy WebLinkAboutItem 27 - Agreements for Rotational Towing Services and Storage ServicesPolice Department
www.santa-ana.org/pd
Item # 27
or City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 17, 2021
TOPIC: Agreements for Rotational Towing Services and Storage Services
AGENDA TITLE:
Approve Agreements for Rotational Towing Services and Storage Services for the Police
Department
RECOMMENDED ACTION
1. Authorize the City Manager to execute a three-year agreement with Standard
Enterprises, Inc. dba To N Mo for the period of September 1, 2021 through August 31,
2024 to provide police rotational towing and storage services, subject to non -substantive
changes approved by the City Manager and City Attorney.
2. Authorize the City Manager to execute a three-year agreement with Greater Southern
California Towing, Inc. for the period of September 1, 2021 through August 31, 2024 to
provide police rotational towing and storage services, subject to non -substantive changes
approved by the City Manager and City Attorney.
3. Authorize the City Manager to execute a three-year agreement with B&D Towing, Inc.
for the period of September 1, 2021 through August 31, 2024 to provide police rotational
towing and storage services, subject to non -substantive changes approved by the City
Manager and City Attorney.
4. Authorize the City Manager to execute a three-year agreement with Metro Pro Road
Services, Inc. for the period of September 1, 2021 through August 31, 2024 to provide
police rotational towing and storage services, subject to non -substantive changes
approved by the City Manager and City Attorney.
DISCUSSION
The Santa Ana Police Department routinely encounters the need to have vehicles towed
or stored for a variety of reasons, depending upon private sector partners skilled in the
area of towing operations to accomplish this objective. The City currently contracts with
four tow companies to provide necessary towing services on a rotational basis. Towing
services may include, but are not limited to: towing vehicles from public or private property
Agreements for Rotational Towing Services and Storage Services
August 17, 2021
Page 2
at the direction of Police employees, owner's request for a tow made via the Police
Department, the storage of vehicles, the secure storage of vehicles containing evidentiary
value, debris clean-up and removal, recovery services and administrative oversight of
vehicles in the custody of the contractor.
The City Storage Vehicle Release fee is approved by City Council in the Miscellaneous
Fee Schedule, and is currently $83.93. Fees for towing services are collected and
retained by the tow operators. Those fees are based upon fees for towing services
surveyed in the County and are compliant with industry standards.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Storage Vehicle Release fees will be deposited in the General Fund Vehicle Release
Charge revenue account (no. account 01114002 53400). Fees for towing services are
paid to the tow companies directly for their services.
EXHIBIT(S)
1. Agreement with Standard Enterprises, Inc., dba To' N' Mo'
2. Agreement with Greater Southern California Towing, Inc.
3. Agreement with B & D Towing, Inc.
4. Agreement with Metro Pro Road Services, Inc.
Submitted By: David Valentin, Police Chief
Approved By: Kristine Ridge, City Manager
Exhibit 1
SERVICE AGREEMENT
ROTATIONAL TOW PROVIDER
THIS AGREEMENT is made and entered into on this 17th day of August, 2021 by and between
Standard Enterprises, Inc., a California corporation, doing business as To' N Mo', (hereinafter
"Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and
existing under the Constitution and laws of the State of California ("City").
RECITALS
A. The City desires to retain a Contractor having special skill and knowledge in the field of
providing vehicle towing and storage services.
B. Contractor represents that it is able and willing to provide such services to the City.
C. in undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional. consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Contractor shalt provide vehicle towing and storage service at the request of the Santa Ana
Police Department, on a rotational basis, in accordance with the terms and conditions set forth in
the Scope of Service, attached hereto as Exhibit A and incorporated by this reference. The City
intends to contract with several tow companies to provide necessary towing services on a rotational
basis, "Towing services may include, but are not limited to, towing vehicles from public or private
property at the direction of Police employees, owner's request for a tow made via the Police
Department, the storage of vehicles, the secure storage of vehicles containing evidentiary value,
debris clean—up and removal, recovery services and administrative oversight of vehicles in the
custody of the Contractor.
2. COMPENSATION
a. The parties intend that towing and storage fees will be paid by the vehicle owner at the
rates aid charges set forth in Contractor's then current and approved fee schedule,
attached as Exhibit B and incorporated by this reference.
b. When Contractor provides services chargeable to the City as set forth in Exhibit A, the
Contractor shall submit a monthly invoice by the 15th of the month to the City for any
such services rendered in the prior month, if applicable, The invoice shall include all
information enumerated in California Vehicle Code ("CVC") §22651.07(e) and include
the following information:
Page 1 of 10
#141898v2
i. Contractor's invoice number
ii. Santa Ana Police Department's case number
c. Payment by City shall be made within sixty (60) days following receipt of proper
invoice, subject to City accounting procedures. Payment need not be made for work
which fails to meet the standards of performance for professional towing services or in
accordance with the standards set forth in this agreement.
d. City imposed storage fees received by the contractor shall be remitted to the City by
the 15th of each month for any and all vehicles released during the prior month. A
vehicle release report, which reconciles the vehicles released by the contractor, will
also accompany the payment to the City. Payments shall be remitted to:
Santa Ana Police Department
Attention: Cpl. Saul Esquivel — Traffic Division
60 Civic Center Plaza
Santa Ana, CA 92702
e. Adjustments to the Towing and Storage Fee Schedule
The Police Rotational Tow Manager or his designee shall examine the towing and storage
rates authorized in accordance with this agreement on an annual basis. The Program Manager may
adjust the towing and storage rates, not to exceed two percent (2%) annually, based on the most
recent statistics, as follows: the two indices which will be used for determining adjustments to the
towing and storage fee schedule shall be the prior twelve (12) months, reporting month. December,
Consumer Price Index (CPI) for All Urban Consumers for Los Angeles -Anaheim -Riverside
Consolidated Metropolitan Statistical Area, published by the United States Department of Labor's
Bureau of Labor Statistics or any relevant successor for the Orange County area, and the twelve
(12) month December Producer Price Index for Petroleum (PPI). The adjustment formula shall be
as follows: The CPI shall be weighted at ninety (90%) percent and PPI shall be weighted at ten
(10%) percent. However, fee adjustments will only be made if justified and shall occur at the sole
discretion of the Chief of Police based on recommendations from the Police Rotational Tow
Program Manager.
3. TERM
This Agreement shall commence on September 1, 2021 and continue for a three (3) year
term until August 31, 2024, unless terminated earlier in accordance with Section 13, below.
4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an
independent Contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer -employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Contractor
performs the services which are the subject matter of this Agreement; however, the services to be
Page 2 of 10
#141898v2
provided by Contractor shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Contractor shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
INSURANCE
Prior to undertaking performance of work under this Contract, Contractor shall maintain and shall
require its subcontractors, if any, to obtain and maintain insurance as described below:
Commercial General Liability Insurance — the Contractor shall maintain
commercial general liability insurance which shall include, but not be limited to
protection against claims arising from bodily and personal injury, including death
resulting there from and damage to property, resulting from any act or occurrence
arising out of Contractor's operations in the performance of this Agreement,
including, without limitation, acts involving vehicles. The amounts of insurance
shall be not less than the following: single limit coverage applying to bodily and
personal injury, including death resulting there from, and property damage, in the
total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate.
2. Business Automobile Liability Insurance, or equivalent form, shall be maintained
by the Contractor with a combined single limit of not less than $1,000,000 per
occurrence. Such insurance shall include coverage for owned, hired and non -owned
automobiles as well as uninsured motorist coverage with a combined single limit
of not less than $1,000,000 per occurrence.
Worker's Compensation Insurance — in accordance with the provisions of Section
3300 of the Labor Code, Contractor is required to be insured against liability for
worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Contract, Contractor agrees to obtain and
maintain any employer's liability insurance with limits not less than $1,000,000 per
accident.
4. Garage Liability and Garage Keeper's Liability Insurance — the Contractor shall
maintain garage liability insurance to include all premises, operations and coverage
for bodily injury and property damage with a combined single limit of not less than
$1,000,000 per occurrence as well as garage keeper's liability insurance for
vehicles in the care, custody and control of the operator in the storage facility with
a single limit of not less than $100,000 per occurrence.
On -Hook Insurance — the Contractor shall maintain on -hook insurance with limits
not less than those required by the California Highway Patrol:
a. Class A tow truck - $25,000
b. Class B tow truck - $50,000
C. Class C or Class D tow truck - $100,000
#141898v2
Page 3 of 10
6. The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
a. Commercial general liability and business automobile insurance policies
shall (1) name the City, its officers, employees, agents, volunteers and
representatives as additional insured(s); (2) be primary and not contributory
with respect to insurance or self-insurance programs maintained by the City;
and (3) contain standard separation of insureds provisions. A sample
additional insured endorsement is attached hereto as Exhibit C. Contractor
shall maintain all insurance required above in full force and effect for the
entire period covered by this Agreement.
b. Certificates of insurance shall be furnished to the City upon execution of
this Contract and shall be approved in form by the City Attorney.
C. All of the Contractor's storage facilities shall be listed in the certificates of
insurance.
d. Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty
(30) days prior written notice to the City.
7. If Contractor fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has
been procured and is in force and paid for, the City shall have the right, at the City's
election, to forthwith terminate this Contract. Such termination shall not affect
Contractor's right to be paid for services satisfactorily provided in accordance with
this agreement prior to notification of termination. The Contractor waives the right
to receive compensation and agrees to indemnify the City for any work performed
prior to approval of insurance by the City.
6. HOLD HARMLESS/INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall indemnify, defend and hold
harmless City, its officers, agents and employees (collectively, the "Indemnified Parties") from
and against any and all claims (including, without limitation, claims for bodily injury, death or
damage to property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's
fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim;
collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to
any work performed or services provided under this Contract (including, without limitation,
defects in workmanship and/or materials) or Contractor's presence or activities conducted
performing the work (including the negligent and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers, contractors,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may
be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed
to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be
construed as authorizing any award of attorney's fees in any action on or to enforce the terms of
Page 4 of 10
#141898v2
this Contract. This indemnity shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Contractor.
7. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed
under this Agreement. Contractor shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Contractor under this Agreement. All such records and
invoices shall be clearly identifiable. Contractor shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Contractor under this Agreement.
8. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information includes not only writteninformation, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Contractor without reference to information disclosed by the
City.
9. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
10. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
Page 5of10
#141898v2
promotion, termination or other employment related activities or any services provided under this
Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Contractor. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which is not embodied herein.
12. ASSIGNMENT
a. Inasmuch as this Agreement is intended to secure the specialized services of
Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest
herein without the prior written consent of the City and any such assignment, transfer,
delegation or subcontract without the City's prior written consent shall be considered
null and void.
a. Unless previously approved by the City, the sale or transfer of the controlling interest
in a company shall be cause for immediate termination of this contract and the
Contractor shall be replaced on the Rotational Tow List by another company on an
existing eligibility list or during a future RFQ process.
13. TERMINATION
a. The City reserves the right to immediately terminate the contract, without penalty,
for cause.
b. In the event Contractor fails or refuses to timely perform any of the provisions of
this Agreement in the manner required, or if Contractor violates any provision of
this Agreement, Contractor shall be deemed in default. City shall provide written
notice of such default to Contractor's Project Manager. If possible, the Contractor
shall cure said default within a period of two (2) working days. If such cure is not
completed in a timely manner, City may terminate the Agreement forthwith by
giving written notice to Contractor' s Project Manager, The City may, in addition
to the other remedies provided in this Agreement or authorized by law, terminate
this Agreement by giving written notice of termination. Contractor shall be
responsible for all costs incurred by City, including replacement costs of equipment
and labor required to provide service during Contractor's default.
Page 6 of 10
#141898v2
C. As described in Exhibit A, concerning the investigation and disposition of
violations, the City may terminate this agreement immediately for cause if it has
been determined by the Traffic Commander, with concurrence from the Field
Operations Bureau Commander, that the Contractor has committed rule violations
associated with this agreement, or has committed violations of the law, and
termination of the contract is deemed to be the appropriate disposition.
d. This agreement may be terminated without cause by City by written notice
delivered to the Contractor either personally or by mail, thirty (30) days prior to the
end of the then current term. Upon termination, City shall pay Contractor for
services rendered as specified in the Agreement prior to the effective date of
termination.
14. CONTRACTOR OPTION FOR TERMINATION
The Contractor may request termination of the contract when conditions during the contract
make it impossible to perform or when prevented from proceeding with the contract by act of God,
by law or official action of a public authority or in the event of nonpayment by the City. Such
request will require ninety (90) days written notice prior to contract termination date requested. In
the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30)
working days to cure the alleged breach.
15. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS
Contractor shall make every effort to solicit and advertise employment opportunities to
Santa Ana residents, The City shall inform the Contractor of areas to publicize recruitment
opportunities, such as work centers and community centers. Contractor shall provide to City, a
description of efforts and procedures used to notify residents of employment opportunities as they
occur but, at a minimum, once each year prior to the City exercising its option to extend the
contract.
16. CONTRACTOR' S PARTICIPATION AT COMMUNITY MEETINGS EVENTS
AND PUBLIC AWARENESS CAMPAIGNS
If requested by City, the Contractor shall agree to participate in community meetings,
community events and public awareness campaigns, such as National Night Out, DUI
presentations or any other neighborhood or City event. Such participation shall be upon City
request provided with reasonable notice of the event. Such events will not exceed four (4) requests
per year.
17. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
a. Contractor shall perform all requirements under this contract in strict observance of
and in compliance with all applicable environmental, traffic, safety and any other laws,
regulations, ordinances, codes and any other legislative or statutory requirements.
Page 7 of 10
#141898v2
b. Contractor warrants that the performance of services under this contract shall be
compliant with the current requirements of the Occupational Safety and Health Act
(OSHA) and as it may be amended or updated throughout the term of this contract.
18. FINES
The Contractor shall be liable for all violation fines levied against the City by any Federal,
State or local agency, including but not limited to the Air Quality Management District (AQMD),
and the Regional Water Quality Control Board, due to the action or failure to act by Contractor.
19. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
20. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
detennined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
21. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
22. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
Page 8 of 10
#141898v2
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Chief of Police
City of Santa Ana
60 Civic Center Plaza
Santa Ana, California 92702
Fax:714-245-8190
Traffic Division
City of Santa Ana
Santa Ana Police Department
Attn: Traffic Commander
60 Civic Center Plaza
Santa Ana, CA 92702
Fax 714-245-8190
City Attorney's Office
City of Santa Ana
Attn: Police Legal Advisor
20 Civic Center Plaza
Santa Ana, CA 92702
Fax (714) 647-6515
To Contractor:
Standard Enterprises, Inc. dba To' N Mo'
Attn: Modesto Sanchez, President
519 N. Poinsettia St.
Santa Ana, CA 92701
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
23. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
Page 9 of 10
#141898v2
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact. held by the signatory or is withdrawn.
b. The Agreement is the final and complete agreement and any prior or
contemporaneous agreements for similar services between the parties is superseded
by this Agreement. This shall not apply where the Parties are currently engaged
and Contractor is providing services not contemplated by this Agreement
C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
Daisy Gomez
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: !
Tamara Bogosian
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL:
David Valentin
Chief of Police
#I41898v2
CITY OF SANTA ANA
Kristine Ridge
City Manager
CONTRACTOR:
Mode to Sanchez
President
Paee 10 of 10
CITY OF SANTA ANA
EXHIBIT A
SCOPE OF SERVICES
SCOPE OF SERVICES
A consultant hired pursuant to this RFP shall be responsible for Police Rotational Towing and
Storage Services with the Santa Ana Police Department, as outlined in the SAMC § 32-107. The
successful Contractor(s) must agree to perform all services as outlined herein within the corporate
city limits of the City of Santa Ana or any other jurisdiction as directed by a member of the Santa
Ana Police Department.
II. IMPLEMENTATION
A. The selected Contractor(s) will collectively assume responsibility for all towing and storage
needs, and all other related functions as described in the RFP, for the Santa Ana Police
Department on a rotational basis.
B. The Contractor shall ensure that all employees working on this project meet the minimum
personnel and training standards identified herein. In addition, the Contractor should include
a list of additional training provided to the Contractor's staff demonstrating proficiency and
excellence in the field.
C. City Staff shall have the right to modify, reduce or delete rotational tow services and remove
contract personnel with prior notice to Contractor.
The Contractor shall provide sufficient personnel and equipment, but in no case less than the
minimum required, to carry out the duties contained in this RFP within specified timelines. The
term of the contract is three (3) years with two (2) one (1) year options for renewal.
III. USE OF ROTATIONAL TOW LIST
A. CRITERIA AND RULES FOR USE BY POLICE EMPLOYEES
The City agrees to utilize the rotational tow list for all service requests initiated by members of the
Santa Ana Police Department except where provided for in this agreement. Therefore, the City
agrees to operate under the following policy guidelines unless reasonably necessary to deviate
due to exigent or unforeseen circumstances:
1. Whenever the driver or owner specifies a particular club, association or tow service to care
for his/her vehicle, the garage or tow service requested shall be called and such calls shall
not constitute a rotational tow call.
2. When a driver does not specify a particular garage or tow service, the garage or tow service
called shall be taken from the rotational list in numerical order. When more than one vehicle
is to be towed from a collision scene and the drivers do not specify a preference, the rotation
list shall be followed on the basis of one tow truck for each vehicle utilizing the numerical
rotational order. The rotation list shall be followed on a per vehicle basis rather than per
collision or call for service. When multiple Contactors are called to the same incident, the
distribution of vehicles shall be determined by the police officer at the scene.
RFP No. 21-060 Police Rotational Towing and Storage Services Page 20 of 39
CITY OF SANTA ANA
3. If the eligible Contractor does not answer the telephone or acknowledge the call via a software
dispatch system, is unable to respond, unable to perform the required services, refuses to
respond or provide the requested service, or is cancelled due to an excessive response time,
that company shall be passed over and shall not be eligible until the Contractor comes up on
the rotation list again.
4. It shall be the responsibility of the Contractor to notify the Police Department if it is unable to
respond within the required time limit or with the appropriate equipment for the type of service
requested.
5. If it is determined, the Contractor is not needed and is cancelled by the Police Department or
the vehicle owner, the Contractor shall be placed back on top of the rotation list and no charge
shall result from the call.
6. The rotation list shall be used on occasions where an officer stores or impounds a vehicle and
the driver or owner is not consulted or is not present.
7. All employees of the Police Department are specifically prohibited from soliciting or
recommending any garage or tow service, either directly or indirectly. All officers are directed
to ascertain from the party in charge of the vehicle as to their preference of a towing agency.
A request of "no preference" -by the person in charge will be relayed to dispatch by the officer
and will result in a call to the Contractor that is next up on the rotation list.
B. REPORTING PROCEDURES
1. All officers requesting a tow truck from the rotational list for the towing, storing or impounding
of a vehicle shall complete the Santa Ana Police Department storage/impound form when
required by Departmental policy or procedure. The form shall be signed by both the officer
and the driver of the tow truck. A copy of the Santa Ana Police Department storage/impound
form shall be given to the tow truck driver prior to the vehicle being towed from the scene.
IV. CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES
A. WORK ASSIGNMENTS AND SCHEDULE
The Contractor shall be available to provide services within the corporate limits of the City of
Santa Ana 24-hours per day, seven (7) days per week, 365 days per year. There are no
exceptions for holidays under the project. The Contractor shall also make reasonable
accommodations for its personnel to attend meetings with City staff from the Police Department,
City Attorney's Office or any other City Agency as required by the Project Manager.
B. PREVAILING WAGE
Prevailing wage will not be required for this contract.
C. WORKING HOURS AND RESPONSE TIMES
1. All services under this contact shall be available 24-hours per day, seven (7) days per week,
365-days per year without exception.
2. The owner, principal or business manager of the proposing Contractor shall have a minimum
of five (5) years of verifiable experience in the towing for -hire industry. Prior experience
RFP No. 21-060 Police Rotational Towing and Storage Services Page 21 of 39
(Z)
CITY OF SANTA ANA
performing towing services for a law enforcement agency are highly desirable but not required.
If the owner, principal or business manager possessing this requisite experience is no longer
employed by the Contractor at any time during the course of the contract, the Contractor shall
immediately report such change in condition to the City's Project Manager and participation
on the rotation list shall be suspended until a new owner, principal or business manager is
identified and approved.
3. The Contractor shall be required to have a dispatcher on -duty 24-hours per day with the
capability to communicate instantly with all trucks and/or drivers assigned to this project.
4. All requests for tow services shall be acknowledged or refused within three (3) minutes by the
Contractor's dispatcher and response to the scene shall occur within 20 minutes from the time
the Contractor is notified by the Police Department's Communications Division.
a. The 20-minute response time applies only to tow requests requiring a Class A tow
truck.
b. The Contractor shall be required to comply with this requirement by providing
appropriate staffing levels and, if necessary, strategically staging personnel during
peak traffic times to allow drivers sufficient time to arrive while complying with all traffic
laws and regulations in their response to service requests.
c. For any request requiring a Class B, C or Class D tow truck, the Contractor shall have
the necessary equipment on scene within 45 minutes of notification by the Police
Department's Communications Division if a Department employee identifies the need
for such equipment or when determined by the Contractor's employee after
responding to the scene and assessing the situation.
5. The Contractor shall be required to have a minimum of one (1) driver on duty 24-hours per
day, seven (7) days per week. In addition, the Contractor shall have at least one (1) other
driver on -call or stand-by.
6. The Contractor will also be required to maintain office hours between 8:00 am and 5:00 pm,
seven (7) days a week, 365 days per year so vehicle owners can retrieve stored or impounded
vehicles. An applicable gate fee may apply for vehicle releases after normal business hours.
D. CONTRACTOR AND PROJECT MANAGEMENT REQUIREMENTS
1. The Contractor shall furnish all personnel necessary to fulfill the obligations of this RFP.
2. A list identifying the names of all personnel assigned to work on this project on behalf of the
Contractor shall be provided to the City's Project Manager or designee. This information shall
include the name, date of birth, driver's license number, social security number, business and
residence addresses, the Contractor's Project Manager and secondary supervisor, and all tow
truck operators working pursuant to this agreement.
3. The Contractor shall identify the person assigned as the Contractor's Project Manager for this
project. That person shall be available to the City during normal business hours and will be the
primary contact between the City and the Contractor on matters relating to the enforcement
services provided through this RFP. This person shall have substantial expertise and experience
in tow and recovery operations as well as business operations for the company.
RFP No. 21-060 Police Rotational Towing and Storage Services Page 22 of 39
0,
, .
CITY OF SANTA ANA
4. The Contractor's Project Manager shall be the primary daily operations contact to the City and as
such, shall do the following:
a. Respond to complaints from the Police Department, customers or the community. A copy
of any complaints lodged directly with the Contractor regarding services provided under
this contract shall be provided to the City's Project Manager or designee immediately as
well as the steps being taking to resolve the complaint and the date a resolution can be
expected. A copy of the final disposition shall also be provided to the Project Manager or
designee within 15-days unless an extension has been granted in writing prior by the
Project Manager.
b. Contact the City's designee at least once per month to discuss and clarify operational
assignments and expectations;
c. Ensure that the Contractor's personnel perform the duties as required by the RFP; and
d. Prepare and submit monthly reports as required.
5. The Contractor shall be required to designate a second person that may be contacted in the
absence of the Contractor's Project Manager. This person shall also have authority over the
Contractor's personnel and shall be a member of the Contractor's staff with authority to represent
the Contractor on policy matters.
E. CONTRACTOR'S PERSONNEL REQUIREMENTS
1. Each of the Contractor's employees performing work pursuant to this RFP shall:
a. Be approved by the Project Manager or designee to perform work on behalf of the City.
b. Have ability to read, write legibly, speak and comprehend the English language - Bilingual
fluency in Spanish or other language approved on the City's bilingual list is preferred.
c. Be a minimum of 18 years of age;
d. All tow truck drivers employed by the Contractor and used for this project must be
competent and proficient in all aspects of their duties related to tow and recovery
services. This requirement shall provide that any tow driver responding to a scene will
be capable of safely towing and/or recovering a vehicle under most circumstances
without delay.
e. All tow truck drivers employed by the Contractor shall complete an approved tow truck driver
training program approved by the California Highway Patrol (CHP) pursuant to their Tow
Service Agreement Advisory Committee (TSAAC) prior to performing any work related to this
project. Upon selection, proof of successful course completion, the name of the provider and
the curriculum taught shall be provided to the Project Manager or designee prior to any driver
performing any work on behalf of the City. A list of the 2019-2020 TSACCA training providers
may be found in Exhibit 5 of this agreement or in the CHP's 2019-2020 Tow Service
Agreement availalble at
https://www.chp.ca.gov/ResearchAndPlanningSectionSite/Documents/2019-2020 TSA.pdf
2. Pass a background and fingerprint check that shall include a review of the employee's criminal
history that would pose a liability for the City including crimes of violence, moral turpitude,
theft or unsafe driving practices.
3. The Contractor and all tow truck drivers shall be required to participate in a controlled
substance and alcohol testing (CSAT) program and provide proof of enrollment.
RFP No. 21-060 Police Rotational Towing and Storage Services Page 23 of 39
CITY OF SANTA ANA
a. Drivers requiring a Class A, Class B or commercial Class C (endorsed for hazardous
materials transportation) shall participate in a CSAT program as defined in the Code of
Federal Regulations, Title 49, Parts 40 and 382.
b. Drivers not required to possess a Class A, Class B or commercial Class C license shall
also be enrolled in a CSAT program substantially similar to the requirements outlined
above.
c. The Contractor shall ensure selection pools for commercial and non-commercial licensed
drivers are maintained separately.
d. A driver possessing a non-commercial driver's license who returns with a positive test
result shall meet the same reinstatement requirements as a driver required to possess a
commercial driver's license.
4. All employees assigned by the Contractor shall have a valid California driver's license and
remain in good standing with the California Department of Motor Vehicles.
a. Tow truck drivers must possess the proper license class, including endorsements, for
any tow truck or combination of tow truck and vehicle they operate in the performance of
their duties pursuant to this contract. Tow truck drivers shall remain certified and in
compliance with CVC § 12520 at all times.
b. The Contractor and all tow truck drivers shall be enrolled in the Employer Pull Notice
(EPN) program.
i. The Contractor shall provide a current list of drivers and a copy of the EPN report.
ii. Newly hired tow truck drivers shall be enrolled in the EPN program and proof
provided to the Santa Ana Police Department within 30 days of the employee's hire
date.
5. Only employees of the Contractor necessary to complete an assignment shall respond to the
scene of a request for service (no spouse, children, animals, etc.).
6. Tow truck drivers shall perform all towing and recovery operations in the safest and most
expedient manner possible.
7. Under no circumstances shall a Contractor's employee carry or be armed with any type of
weapon whatsoever while providing service pursuant to this RFP.
8. The Contractor shall provide and pay for all uniforms for contract personnel assigned to work
in the field.
a. Uniform specifications shall include the name of the company and the employee's name
affixed to the employee's shirt.
b. The City's Project Manager or designee shall review and approve all uniforms. Uniforms
shall fit properly without excessive wear. The uniform must be clean, free of any offensive
odors and present a neat appearance.
c. All tow truck drivers shall wear appropriate safety garments (e.g. vests, jackets, shirts,
retroreflective clothing) in accordance with California Code of Regulations, Title 8, § 1598.
If the tow truck driver is working on a Federal -aid highway, the operator shall comply with
the guidelines contained in the Federal Code of Regulations, Title 23, Highways, Chapter
1, Federal Highway Administration, Department of Transportation, Part 634, Worker
Visibility, which requires high -visibility personal protective safety clothing to be worn that
meets the Performance 2 or 3 requirements of the ANSI/ISEA 107-2004.
9. The City's Project Manager or designee shall conduct the final review of all contract
RFP No. 21-060 Police Rotational Towing and Storage Services Page 24 of 39
k` CITY OF SANTA ANA
' employees prior to being assigned to perform services related to this project on behalf of the
City of Santa Ana. The Chief of Police or his designee has the ultimate authority and discretion
regarding personnel working under this contract. The Chief of Police or his designee may
remove contract personnel, upon telephone notification to the Contractor.
F. REQUIRED TOW VEHICLES AND EQUIPMENT
At a minimum, the Contractor shall possess, maintain and be the listed registered owner of
the following classes of tow vehicles (meeting requirements as defined in the most current
version of CHP 234B — Tow Truck Inspection Guide):
a. Four (4) Class A tow trucks designed for light duty towing operations.
b. One (1) Class B tow truck designed for medium duty towing operations.
c. One (1) Class C tow truck designed for heavy duty towing operations.
d. One (1) Class D tow truck designed for heavy duty towing operations.
2. The Contractor shall provide a listing of all towing vehicles or any substitute vehicle that may
be used pursuant to this agreement. Such list must provide the following information:
a. Make, model, and year.
b. Tow truck classification (e.g. Class A).
c. Vehicle and engine identification numbers.
d. Company identification number.
e. California license number.
f. Company vehicle color(s).
3. The company name, business address, telephone number and tow truck identification
number shall be permanently and properly affixed to each vehicle in a manner prescribed
pursuant to CVC § 27907.
4. There shall be no words or language affixed to the vehicle associating the Contractor or the
vehicle with the Santa Ana Police Department (e.g. `official police tow") without the prior
written approval of the City's Project Manager.
5. At no time shall the Contractor exceed the gross vehicle weight rating (GVWR) and/or safe
loading requirements of the tow truck, including, but not limited to, exceeding the tow
trucks GVWR, front axle weight rating, rear axle weight rating, maximum tire weight
ratings, or failure to maintain 50 percent of the tow truck's unladen weight on the front axle
when lifting or carrying a load.
6. The authorized Towing and Storage Fee Schedule shall be posted in public view in all tow
trucks.
7. Intentionally omitted
8. All of the vehicles identified above and used in accordance with this agreement shall be
equipped with the minimum equipment required to perform towing operations as well as the
equipment pursuant to CVC § 27700 and the "Service and Other Equipment" section of the
CHP 234B (Tow Truck Inspection Guide) form. The Contractor may also be required to carry
any other safety devices reasonably required by the City.
RFP No. 21-060 Police Rotational Towing and Storage Services Page 25 of 39
CITY OF SANTA ANA
9. The contractor shall maintain all vehicles and equipment in good repair for use by the
Contractor's employees assigned to perform services pursuant to this agreement. The
Contractor shall be responsible for, and pay for all operating expenses, equipment,
maintenance and insurance for vehicles assigned to perform work related to this
agreement. All tow trucks shall be equipped and maintained in accordance with applicable
sections from the California Vehicle Code, Title 13 of the California Code of Regulations,
the requirements of this RFP and industry standards.
10. All vehicles shall be kept clean, be free of offensive odors and maintain a professional
appearance.
11. All tow trucks shall be inspected annually by the California Highway Patrol and maintain a
current Commercial Vehicle Safety Alliance (CVSA) decal. The Contractor shall provide
current copies of CHP 234B (Tow Truck Inspection Guide) and CHP 407F (Safetynet
Driver/Vehicle Inspection Report) for each vehicle to the City's Project Manager or
designee.
12. The Contractor agrees that the Santa Ana Police Department may inspect any vehicle,
without prior notice, at any time during normal business hours.
13. The Contractor shall provide instant communication access via cellular phone or radio to
all personnel while performing their duties.
G. GLOBAL POSITIONING SYSTEM (GPS)
It is highly desirable for the Contractor to provide GPS capabilities in all of their tow trucks. If
offered for consideration in the Contractor's Response, the City and Contractor shall be able to
view this information via computer in real time and the Contractor shall provide GPS reports at
the request of the City.
H. CONTRACTOR'S BUSINESS OFFICE REQUIREMENTS
1. The Contractor shall maintain an office and storage facility within the corporate limits of the
City of Santa Ana and remain in compliance with any requirements imposed by the Police
Department, the Planning Division or any other Department, Agency or Agent of the City of
Santa Ana in accordance with federal regulations, state law, the Santa Ana Municipal Code
and this agreement.
2. It is preferable that the office and storage facility be at the same location to minimize the
impact on the community. However, should additional locations exist, the Contractor agrees
to conduct all business from the primary facility and any costs associated with operating a
secondary location and/or moving vehicles to or from that secondary location shall not be
passed along to any customer covered under this agreement.
3. The primary facility shall have a sign clearly visible to the public that identifies the location as
a towing service.
4. The business hours shall be clearly posted.
The office shall be sufficiently staffed to allow customers to speak with a company
representative during normal business hours without unnecessary delay.
6. Current and approved rates pursuant to the Towing and Storage Fee Schedule shall be posted
RFP No. 21-060 Police Rotational Towing and Storage Services Page 26 of 39
CITY OF SANTA ANA
yy '
in public view in the Contractor's office and/or storage facility in compliance with California
Civil Code § 3070 and CVC § 22651.07.
7. The Contractor shall comply with the provisions of CVC § 22651.1.
8. The Contractor shall maintain records of all tow services furnished by the Contractor at the
primary office location.
a. Invoices shall contain the required itemized information pursuant to CVC 22651.07(e).
b. Itemized invoices shall contain a distinct notice upon the invoice stating, "Upon request,
you are entitled to receive a copy of the "Towing Fees and Access Notice." This notice
shall be contained within a bordered text box, printed in no less than 10-point type
pursuant to CVC 22651.07(a)(1)(B)(3).
9. The operator's primary business office shall also maintain business records relating to
personnel, insurance, personnel taxes, payroll, applicable operating authorities, local
operating authorities, lien sale actions, driver's record of duty status (intrastate and/or
interstate), and Federal Communication Commission licensing (if applicable).
10. The Contractor agrees that^a representative from the Santa Ana Police Department may
inspect all business records, facilities and vehicles without notice during normal business
hours.
11. The Contractor shall permit the Santa Ana Police Department to make copies of business
records at their place of business or remove business records for the purpose of reproduction.
12. Lien fees, or any fees related to the preparation of a lien, shall not exceed the amounts
allowable in the Towing and Storage Fee Schedule, attached hereto as Exhibit 4, and in
compliance with all relevant provision of the California Vehicle Code and California Civil Code.
STORAGE FACILITY AND VEHICLE STORAGE REQUIREMENTS
It is preferable that the storage facility is located at the same location as the primary business
office. However, if located at a different location than the main office, the storage facility must
be within the corporate limits of the City of Santa Ana and have an on -site release office at all
storage lots. Persons seeking to take possession of their vehicle or property shall not be
required to travel to more than one location to recover their vehicle from the Contractor's
custody.
2. The storage facility and all vehicles towed at the direction of the City shall be made available
to police personnel 24-hours per day, 7-days per week.
3. The entire storage lot must be sufficiently well lit to deter theft. Other theft deterrent devices
(e.g. cameras, alarms, on -site personnel, etc.) are highly desirable.
4. The storage lot must be completely secured by a wall or fencing and a gate that is able to be
locked to maintain security for stored and impounded vehicles. The minimum height
requirement for the fence and gate shall be six (6) feet.
5. The storage lot shall be large enough to hold a minimum of 100 vehicles at any given location.
This requirement is the minimum area reserved for Santa Ana vehicles and additional space
is highly desirable. All vehicles towed by the City shall be stored within the corporate city
limits and the vehicle or any of its contents shall be made available for release within the
RFP No. 21-060 Police Rotational Towing and Storage Services Page 27 of 39
a[ CITY OF SANTA ANA
corporate city limits. If multiple storage facilities are maintained, the Contractor shall only use
the secondary lot when the primary lot is full and shall not charge for transportation beyond
that of the main storage facility.
6. The Contractor shall also provide an inside storage facility, which must consist of four walls
with a solid roof and a door equipped with a locking device. Additional security features are
highly desirable. This facility shall be sufficient to reasonably protect vehicles from theft,
tampering, weather, environmental conditions or any other circumstances that could cause
the removal or contamination of evidence. Accegs to this area by employees or other
individuals shall also be restricted. This facility shall be capable of storing a minimum of four
(4) mid -sized vehicles for the City of Santa Ana and sufficient space to conduct forensic
analysis of the vehicle on -site if necessary.
7. Vehicles impounded pursuant to CVC § 10751 shall be placed in an area of the storage facility
that will provide sufficient space and privacy, allowing auto theft investigators to perform a
vehicle inspection without delay. This requirement shall be required for the first ten (10) days
of impound.
8. Vehicles will not be released, sold or dismantled until a signed release form has been obtained
from the Santa Ana Police Department. The signed release form will be kept by the towing
company as proof of authority for the release.
9. Release forms are required for impounded vehicles and vehicles with a "hold" placed on them
by police department personnel. The release form will indicate they are from the Santa Ana
Police Department and shall only be signed by authorized members of the Police Department.
a. Stolen vehicles recovered by the Police Department will be released to the victim/owner by
the Contractor with proof of ownership. Unless specifically noted, no release will be
required from the Police Department.
b. Stolen vehicles recovered by the Police Department requiring further investigation as
determined by the handling officer will be impounded pursuant to CVC § 22655.5, thereby
placing a hold on the vehicle. The impound box will be marked along with an explanation
in the narrative. These vehicles will not be released until the victim/owner obtains a release
from the Police Department.
c. If the owner of the vehicle is unable to prove ownership to the tow agency, they will be
referred to the Santa Ana Police Department and a release will be issued once ownership
is established.
d. If a registered owner is unable to retrieve their vehicle from storage, a vehicle authorization
form shall be provided by the Contractor to the person authorized to pick-up the vehicle.
The authorized recipient, on behalf of the registered owner, will be required to provide
identification for the Contractor to photocopy (front/back).
10. When a vehicle is impounded, the towing company will place the word "hold" or other similar
notation on the windshield of the vehicle. This is to minimize unauthorized contact with the
vehicle and to provide control measures to prevent the inadvertent release.
a. The responsibility for determining and placing the word "hold" or other similar notation on
the windshield of the vehicle will be the responsibility of the Contractor at the time of vehicle
possession. The Contractor's employee signature on the storage/impound report will
acknowledge an understanding of the type of report completed by the officer and any
necessary holds. The Contractor should clarify any misunderstandings or omissions on
the report at this time.
RFP No. 21-060 Police Rotational Towing and Storage Services Page 28 of 39
F
CITY OF SANTA ANA
11. Vehicles towed or stored with an "evidence hold" shall not be touched, moved or tampered
with in any manner without the written consent of the City's Project Manager or designee.
12. The Contractor agrees to tow and store vehicles taken pursuant to an "evidence hold" as
defined in CVC §§ 22655.5 or 22655(a) without charge to the City and agrees to release the
vehicle to the owner at the City's request. The initial towing fee shall be billed to the owner of
the vehicle. Unless waived in whole or in part by the City's Project Manager, the tow company
may pursue collections from the registered owner for the initial towing fees. Furthermore, the
Contractor may attempt to collect these fees, or make arrangements to collect these fees, at
the time of release but shall not hold the vehicle in lieu of payment unless specifically
authorized by the City's Project Manager or designee.
13.In any case where the Police Department inadvertently and/or erroneously causes the
impound or storage of a vehicle, or fails to properly notify the owner in a timely manner, the
Contractor agrees to release the vehicle at the request of the City's Project Manager or
designee and waive all fees or charges associated with the tow.
14. Any personal property released from a vehicle shall occur at the business office or primary
storage facility and shall require authorization from the Police Department. All property shall
be released pursuant to CVC § 22851(b) and CVC § 22651.07. Personal property includes
any property not affixed to the vehicle (e.g. clothes, cell phones, papers, pull-out / detachable
face radios, etc.)
J. CUSTOMER SERVICE
Contractor shall provide service which is accessible, courteous, responsive, timely, equitable and
given in the spirit of professionalism and mutual respect. Contractor's personnel are a reflection
of the City of Santa Ana and, as such, are expected to:
1. Interact with customers and City officials, whether in person or on the phone, in a pleasant,
respectful and professional manner.
2. Give full attention to each customer's needs by asking questions. Provide information,
products and service in an accurate, organized and complete manner. Determine that the
customer's request has been fulfilled.
3. Maintain a professional demeanor at all times that is free from rude, discourteous or harassing
behavior.
4. Comply with all federal, state, county, and city laws and regulations.
5. Use adequate equipment that is kept clean and neat at all times.
6. Train other Contractor employees to be polite and courteous during public contact.
7. Employ truth and accuracy in'reporting customer service records.
RFP No. 21-060 Police Rotational Towing and Storage Services Page 29 of 39
(Z)
K. RATES AND FEES
CITY OF SANTA ANA
Notwithstanding other provisions of this agreement related to rates and fees, the Contractor
agrees to comply with the following provisions as they relate to rates and fees charged in
accordance with this agreement:
1. For services provided pursuant to this Agreement, the Contractor shall collect towing, storage and
other service fees from the vehicle owner at the time of release. Said fees shall comply with the
Santa Ana Police Department's Towing and Storage Fee Schedule, attached hereto as Exhibit 4,
and incorporated by this reference.
2. The Contractor acknowledges that the fee schedule is intended to list the maximum amounts for
services rendered but nothing in this Agreement shall preclude the Contractor from charging less
than the maximum fee allowed.
3. Nothing shall prohibit a Contractor from sending a Class B, C or D tow truck to a call requiring a
lighter class tow truck to perform requested services. However, the Contactor acknowledges that
fees may only be charged for the class necessary to perform the requested services and not
necessarily for the class of tow truck dispatched to the call.
4. No fees may be charged for personnel, equipment or services reasonably necessary to perform
the required service.
5. No lien shall be placed on the vehicle for services performed or initiated, and subsequently
cancelled on -scene by the Santa Ana Police Department, unless the Contractor has presented a
written statement to the vehicle's registered owner or agent for the signed authorization of services
to be performed pursuant to Civil Code § 3068(a).
a. The Contractor shall not attempt to take possession of a vehicle in order to establish a lien for
any services performed or initiated and subsequently cancelled.
b. The Contractor shall not bill the City of Santa Ana or Santa Ana Police Department for any
services performed or initiated, and subsequently cancelled by the department. However, in
such cases, the incident shall not be considered a rotational call and the Contractor shall be
returned to the top of the rotation list.
6. The Towing and Storage Fee Schedule shall be posted in the business offices, storage facilities
and tow trucks pursuant to CVC § 22651.07.
7. Rate adjustments may be considered based on the criteria in Section VI of the Scope of Services,
Subsection B, 4, located below.
8. Contractor's failure to comply with the Towing and Storage Fee Schedule shall be subject to
disciplinary action.
9. The Contractor shall not seek payment from the City of Santa Ana for services provided pursuant
to this Agreement. However, the City shall be responsible for the following charges ordered by
the City pursuant to this Agreement:
a. Collision cleanup pursuant to Section IV, Subsection N, below;
b. Other services authorized by the City's Project Manager prior to the performance of said
duties.
RFP No. 21-060 Police Rotational Towing and Storage Services Page 30 of_39
CITY OF SANTA ANA
L. MISCELLANEOUS PROVISIONS
The Contractor shall have a Carrier Identification and a valid Motor Carrier Property (MCP)
permit, which shall be provided to the City's Project Manager or designee. The expiration or
suspension of the MCP shall result in immediate suspension from the rotation list as well as
possible disciplinary action.
2. There may be times when the Contractor comes across a vehicle blocking the roadway although
not assigned to the call or next on the rotation list. At the discretion of the officer at the scene, the
Contractor may be directed to assist in moving the vehicle to the side of the roadway only. This
service shall be provided without cost to the City or vehicle owner, and shall not affect the
Contractor's position on the rotation list.
3. The Contractor shall be held accountable for all vehicles, personal property and vehicle
accessories once the vehicle is in the possession of the driver and/or stored at their facility. The
Contractor agrees to relieve the City, its officers, agents and employees of all responsibility once
the vehicle is in the custody of the Contractor.
4. There shall be no photography or video recording at the scene of a tow or collision by the
Contractor or any employee unless directly related to the towing operation. Photographs or video
recordings shall only be directed at vehicles or the area immediately surrounding the vehicle but
in no case shall capture any image of a person(s) injured or killed at the scene.
5. The Contractor, nor any employee of the Contractor, shall accept from any person or offer a
gratuity to any member of the City in violation of CVC § 12110(a) and the City's gift ban ordinance.
6. The Contractor shall remain in compliance with CVC § 10652 as required.
7. Due to the negative perception of Private Party Impounds (PPI's) and the nexus to predatory
towing practices, whether actual or perceived, the City of Santa Ana and the Santa Ana Police
Department have an interest in ensuring any Contractor working on its behalf is not associated
with these practices. In addition, tow companies that engage in PPI's are subjected to complaints
and investigations on a more frequent basis than those that do not participate in this facet of the
towing business. Therefore, the City strongly discourages any Contractor assigned to the
rotational tow list from engaging in PPI's within the corporate limits of the City of Santa Ana.
Subject to the investigative process outlined in the RFP, any company found to be in violation of
PPI regulations including, but not limited to, applicable sections of CVC § 22658 or any other laws
or regulations associated with PPI's shall be subject to suspension or immediate removal from
the rotation list for sustained complaints or convictions for violations of the law.
M. UTILIZATION OF DISPATCH AND TRACKING SOLUTIONS SOFTWARE
The City uses Dispatch & Tracking Solutions (DTS) software for its rotational towing
administration. The Contractor shall agree to utilize the most recent, updated, upgraded Dispatch
& Tracking Solutions software program (DTS), or any other software solution selected by the City,
to dispatch and track tow activity via a web -based Internet connection. All tow requests originating
from the Santa Ana Police Department may be made utilizing this program. The Contractor's
failure to have the DTS program in full operation and to acknowledge tow requests in a timely
manner pursuant to this RFP shall result in a finding of default and shall result in immediate
suspension from the tow rotation list. Failure to remedy the problem as set forth in Section VI,
RFP No. 21-060 Police Rotational Towing and Storage Services Page 31 of 3
(9)
CITY OF SANTA ANA
Subsection G shall be grounds for the termination of the agreement between the City and the
Contractor.
The Contractor must be willing to must enter into a separate agreement, contract, or license for
DTS software, or any other software solution implemented by the City, with the owner of that
proprietary software. The City shall not provide the software program, any licensing or sub -
licensing thereof or any intermediary services for the procurement by the Contractor of the
software program. This Contract shall not be executed by the City until the Contractor has
demonstrated to the City's Project Manager or designee satisfactory compliance with the
requirements set forth herein. The Contractor shall be liable for all fees, charges, rates and
service charges required for the procurement and use of DTS software or any similar software
solution.
If the City should elect to use a different program than DTS at some point in the future, the
Contractor agrees to comply with the above requirements as it relates to the new software solution
after provided reasonable notice by the City and sufficient opportunity to procure said software
program.
N. RESPONSIBILITIES WHEN RESPONDING TO CALLS FOR SERVICES
1. When the Contractor is called to the scene of a vehicle tow or a collision scene, the
Contractor's employee will clean-up all debris at the scene in accordance with CVC § 27700
without charge to the City.
a. If this service does not result in a vehicle tow, it shall not be considered a rotational call
and the tow company shall be placed back on the top of the rotational tow list.
b. Police employees should not call a rotational tow to the scene of a collision for the sole
purpose of cleaning up debris. However, should this occur or become necessary, the
Contractor may bill the City for the cost of the response in accordance with the City's
Towing and Storage Fee Schedule.
O. PERFORMANCE DURING INCLEMENT WEATHER OR DISASTERS
1. The Contractor acknowledges that the services provided under this contract are integral to
the operations of the City of Santa Ana and the Santa Ana Police Department. Therefore,
the Contractor agrees to perform the duties of this contract regardless of weather or other
adverse conditions including, but not limited to, any disasters whether man-made or acts of
God.
2. During periods of inclement weather or disaster, the Contractor shall agree to adjust staffing
levels to meet the increased demands for service during these times.
3. Should the Contractor be unable to Fulfill their responsibilities under the conditions described
in this section, the Contractor shall be responsible for any and all costs incurred by the City
should the need to hire outside contractors become necessary to meet the needs of the
Police Department due to the Contractor's default.
P. PROTECTION OF THE PUBLIC AND DAMAGES TO EXISTING STRUCTURES
RFP No. 21-060 Police Rotational Towing and Storage Services Page 32 of 39
z' CITY OF SANTA ANA
1. The Contractor shall exercise due care and caution at all times for the protection of all persons
and property. All fines, penalties and/or repair charges resulting from the Contractor's actions
shall be the sole responsibility of the Contractor.
2. Understanding that the Contractor will respond to calls involving traffic collisions or traffic hazards,
and pursuant to CVC § 22513, the Contractor shall only place or use equipment to block vehicle
traffic lanes or render assistance to a motorist while exercising due care for the safety of the tow
truck driver, the motorist and the motoring public. Tow truck drivers should be trained in scene
management in accordance with this section. The Contractor shall ensure that all appropriate
traffic safety warning devices are utilized as deemed necessary.
3. Contractors will be required to respond to calls where vehicles have collided with other objects
and may have already caused damage to varying degrees. The methods proposed by the
Contractor for towing and recovery services shall be reasonable and consistent with industry
standards, best practices, and in a manner that shall not cause unnecessary additional harm,
deface or damage any City or private property. In the event that damage to the City's right-of-way
or private property has occurred due to the negligence of the Contractor, the Contractor shall be
solely responsible for its repair or replacement in excess of the amount covered by the required
insurance.
Q. SPECIFICATIONS
This Scope of Services is intended to cover all labor, material and standards of workmanship to
be employed for in this work plan or reasonably implied by terms of same. Work or materials of
a minor nature which may not be specifically mentioned, but which may be reasonably assumed
as necessary for the completion of this work, shall be performed by the Contractor as if
described in the specifications.
R. RECORDS
1. The Contractor shall keep accurate records concerning all vehicle tows, vehicle storages and
vehicle releases or disposition.
2. In addition, the Contractor shall maintain accurate records of his/her employees or agents and
provide the City with names and telephone numbers of emergency contact employees.
The Contractor shall complete a report each calendar month indicating the number of calls for
service, the number of vehicles towed, the number of vehicles in storage (regular and secure)
and their current status, vehicles released, vehicles sent to lien sale, the status of any other
vehicles or services rendered by the Contractor on behalf of the City, GPS information (if
requested by the City) or any other information as may be required by the City's Project
Manager or designee.
4. A phone log will be submitted monthly of all calls from the Santa Ana Police Department to
the Contractor, identifying whether or not those calls required a request for service, and a
description of the action taken as a result of the call.
5. The Contractor shall provide monthly customer service phone logs from the public, indicating
name, date, time and phone number of caller, reason for the call, any specific requests, the
Contractor's response or action, and the amount of time required to address request. Such
logs shall be accurate and truthful.
RFP No. 21-060 Police Rotational Towing and Storage Services Page 33 of 39
CITY OF SANTA ANA
6. The Contractor shall permit the City to inspect acid audit its books and records regarding City
provided services at any reasonable time.
S. AUDITS AND INSPECTIONS
The Chief of Police or his designee shall conduct regular audits and inspections of the Contractor(s)
assigned to this project to ensure they are fulfilling their responsibilities in accordance with the terms
and conditions of this agreement. All work found during such audits or inspections to be substandard
or failing to conform to the requirements of this agreement shall be corrected immediately by the
Contractor and the City shall have the right to immediately suspend the Contractor from the rotation
list until the issue(s) is/are corrected. Failure to correct, as set forth in Section 13, Subsection b, of the
Agreement may result in termination of the contract.
T. INVESTIGATION OF ALLEGED VIOLATIONS, RULES, OR TERMS AND CONDITIONS
OF AGREEMENT
Whenever an alleged violation is lodged against a Contractor or initiated by the Police
Department, the Traffic Commander shall assign a supervisor from the Traffic Division to
investigate any allegations. A fair, impartial and comprehensive investigation shall be conducted
and the findings documented for review. To the extent required by law, the Contractor shall
cooperate fully in the investigation and provide any documentation requested by the investigator
to assist in making a finding. In addition, the Contractor shall be given the opportunity, either
orally or in writing, to respond to the complaint at the point deemed appropriate by the investigator.
The City expects that the Contractor will demonstrate professional business practices and truth
in reporting as it relates to any records or information requested.
Violations shall include, but not be limited to, situations such as poor customer service, failure
to comply with non -safety related terms of the agreement, or minor equipment or facility
deficiencies, situations involving honesty, integrity, safety, security, gross overcharging of a
customer or a pattern of overcharging, failure to comply with the provisions of CVC § 22658
as it relates to PPI's, criminal violations involving such crimes as DUI, drug related offenses,
theft, or any other crimes involving moral turpitude, or significant, repeated or flagrant violations
of this agreement.
If it is determined that criminal charges are appropriate, the assigned investigator shall document
the incident on a crime report and present the case to the appropriate prosecuting authority for
review.
Based on the nature and seriousness of the misconduct being investigated, the Chief of Police
may temporarily suspend the Contractor, or its agent individually, from the rotation list until the
investigation is completed and a proper disposition is reached.
The standard for sustaining a violation made against the Contractor or the Contractor's agent
shall be a preponderance of the evidence, regardless of the nature of the violation. Other
investigative findings may include unfounded (false or factually incorrect), exonerated (action
occurred but was lawful or within the terms of this agreement) or not sustained (inconclusive
due to insufficient evidence or independent witnesses).
All alleged violations shall be forwarded to the Traffic Commander for review. Upon
a determination of a sustained violation, a recommendation for discipline shall be made, if
appropriate.
RFP No. 21-060 Police Rotational Towing and Storage Services Page 34 of 3
e 1,
b'. CITY OF SANTA ANA
U. DISCIPLINARY ACTION
The Contractor agrees that failure by the Contractor, or its agent, to comply with the law or terms
and conditions of this agreement shall be cause for disciplinary action. However, nothing in this
agreement shall preclude the City from taking appropriate enforcement action for violations of
the law. Within 60 days of receipt of an alleged violation, the Traffic Commander shall review
the findings of the investigation and recommend disciplinary action, if appropriate. The Traffic
Commander shall take into account the nature of the alleged violation, the findings of the
investigation, past violations made against the Contractor, and/or sustained against the
Contractor, and past practice of the Department to maintain equitable treatment of all
Contractors assigned to the rotational tow list. Depending on the nature and complexity of the
sustained violation, the Traffic Commander may allow the Contractor or designee to provide
a brief written statement for consideration and/or may contact Contractor to ask additional
questions.
Disciplinary action shall typically be progressive in nature and based on the Contractor's record
during the previous 5 years from the date of the sustained violation. Therefore, multiple
violations for similar offenses, regardless of their severity, will result in increased disciplinary
action. However, this does not preclude the Traffic Commander from recommending more
serious disciplinary actions where violations have been committed or there are aggravating
factors associated with the misconduct.
The following actions may be recommended:
No further action
2. Issue a written warning.
3. Impose a suspension for violations (1 to 30-days).
4. Impose a suspension for significant, flagrant, repeated, or multiple violations (30 to 90-days).
5. Termination of the contract for cause and immediate removal from the rotation list.
The Contractor shall be notified in writing of the City's intent to impose disciplinary action. The
Traffic Commander shall have the authority to impose discipline up to and including the imposition
of a suspension for violations as long as the suspension does not exceed 30-days in length.
However, nothing in this article shall preclude the Traffic Commander from reducing
the recommended discipline based on mitigating factors. Recommended suspensions
exceeding 30-days in length or termination from the rotation list shall be approved by the
Field Operations Bureau Commander prior to imposition.
The Traffic Commander may recommend to the Chief of Police the immediate termination of
this agreement if the conduct of the Contractor, or its agents, are determined to pose a
danger to the public, have an excessive number of violations that tax the investigative
resources of the Police Department, or the Contractor's actions reflect negatively upon the City.
V. RIGHT TO APPEAL
Upon receipt of a notice to impose disciplinary action, the Contractor shall have the right to submit
a written appeal within ten (10) business days to the Field Operations Bureau Commander.
Upon receipt of the written appeal, the Field Operations Bureau Commander shall issue
their findings in writing within ten (10) business days. Upon receipt of the Field Operations
Bureau Commander's finding(s), if the Contractor disagrees with the findings, the Contractor's
final remedy is submitting a written final appeal to the Chief of Police with a copy to the Traffic
RFP No. 21-060 Police Rotational Towing and Storage Services Page 35 of 39
(2) CITY OF SANTA ANA
Commander. Upon receipt of the Contractor's final written appeal, the Chief of Police shall issue
a written decision within (10) business days. The decision of the Chief of Police shall be final.
Disciplinary action shall not be imposed until the appeal process has been exhausted. However, if
the conduct of the Contractor is deemed to be so egregious or poses a danger to public
safety, the City may exercise its right to immediately suspend the Contractor as set forth in this
agreement. Failure to submit a written appeal will waive the Contractor's right to
further appeal and disciplinary action shall be imposed.
In the event the City serves the Contractor with Notice of Termination from the Contract and
the Contractor seeks an appeal, the contractor will retain its position on the rotation and
disciplinary action will be delayed pending the appeal process. In the event the CITY elects to
modify the discipline imposed on the Contractor, the Contractor agrees they shall not be entitled
to recover any costs, compensation, damages, losses, and/or expenses of any type or
description from or file a claim against the City, its officers, employees, and appointees, arising
out of or related to, in any manner, a violation alleged against, or discipline imposed upon the
Contractor.
W. SUPERVISION OF CONTRACT AND MEETINGS WITH CITY
All work shall meet with the approval of the Santa Ana Police Department. As determined
necessary by the City, there shall be a minimum of one monthly meeting with the Contractor and
the City representative during the first year to determine progress and to establish areas needing
attention. Status reports of activities performed by the Contractor will be submitted in writing to
the City on a monthly basis or as determined necessary by the City.
Any specific problem area which does not meet the conditions of the specifications set forth in
Exhibit A or the Agreement shall be called to the attention of the Contractor and if not corrected,
may result in the Contractor being found in default of this agreement which may result in
suspension from the rotation list until the issue(s) is/are correct in a manner satisfactory to the
City or termination of the Agreement.
RFP No. 21-060 Police Rotational Towing and Storage Services Page 36 of 39
EXHIBIT B
COMPENSATION
Fee Proposal including hourly rates if applicable
AUTHORIZED TOWING AND STORAGE FEE SCHEDULE*
Stored Vehicle Release Fee (PD)
$83.93
Class A
$225.00
Class B or Flatbed
$275.00
Class C
$405.00
Class D
$450.00
Dolly, Go -Jacks or Linkage Fee
$60.00
Rollover or Winching Fee
$130.00
Clean-up Fee (fee to City capped at $35.00 per
occurrence)
$60.00
Hazmat Fee (per five (5) gallon bucket)
$115.00
Vehicle Storage Fees (Daily)
$70.00
Class A — Outside
Class A — Inside
$75.00
Class B — Outside
$80.00
Class B — Inside
$85.00
Class C or Class D — Outside
$84.00
Class C or Class D — Inside
$91.00
After Hours Release
50% of the authorized
towing charge
Minimum Service Call or Drop Fee
50% of the authorized
towing charge
Lien Sale
As authorized by the
California Civil and Vehicle
Codes
Mileage (per mile outside the corporate city limits)
$9.00
* Fees indicated herein will become the City's maximum authorized rates effective at the time of
contract implementation; minimum 1 hour.
Exhibit 2
SERVICE AGREEMENT
ROTATIONAL TOW PROVIDER
THIS AGREEMENT is made and entered into on this 17th day of August, 2021 by and between
Greater Southern California Towing, Inc., a California corporation, (hereinafter "Contractor"), and
the City of Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California ("City").
RECITALS
A. The City desires to retain a Contractor having special skill and knowledge in the field of
providing vehicle towing and storage services.
B. Contractor represents that it is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Contractor shalt provide vehicle towing and storage service at the request of the Santa Ana
Police Department, on a rotational basis, in accordance with the terms and conditions set forth in
the Scope of Service, attached hereto as Exhibit A and incorporated by this reference. The City
intends to contract with several tow companies to provide necessary towing services on a rotational
basis, "Towing services may include, but are not limited to, towing vehicles from public or private
property at the direction of Police employees, owner's request for a tow made via the Police
Department, the storage of vehicles, the secure storage of vehicles containing evidentiary value,
debris clean—up and removal, recovery services and administrative oversight of vehicles in the
custody of the Contractor.
2. COMPENSATION
a. The parties intend that towing and storage fees will be paid by the vehicle owner at the
rates aid charges set forth in Contractor's then current and approved fee schedule,
attached as Exhibit B and incorporated by this reference.
b. When Contractor provides services chargeable to the City as set forth in Exhibit A, the
Contractor shall submit a monthly invoice by the 15th of the month to the City for any
such services rendered in the prior month, if applicable, The invoice shall include all
information enumerated in California Vehicle Code ("CVC") §22651.07(e) and include
the following information:
Page 1 of 10
#141898v2
i. Contractor's invoice number
ii. Santa Ana Police Department's case number
Payment by City shall be made within sixty (60) days following receipt of proper
invoice, subject to City accounting procedures. Payment need not be made for work
which fails to meet the standards of performance for professional towing services or in
accordance with the standards set forth in this agreement.
d. City imposed storage fees received by the contractor shall be remitted to the City by
the 15th of each month for any and all vehicles released during the prior month. A
vehicle release report, which reconciles the vehicles released by the contractor, will
also accompany the payment to the City. Payments shall be remitted to:
Santa Ana Police Department
Attention: Cpl. Saul Esquivel — Traffic Division
60 Civic Center Plaza
Santa Ana, CA 92702
e. Adjustments to the Towing and Storage Fee Schedule
The Police Rotational Tow Manager or his designee shall examine the towing and storage
rates authorized in accordance with this agreement on an annual basis. The Program Manager may
adjust the towing and storage rates, not to exceed two percent (2%) annually, based on the most
recent statistics, as follows: the two indices which will be used for determining adjustments to the
towing and storage fee schedule shall be the prior twelve (12) months, reporting month. December,
Consumer Price Index (CPI) for All Urban Consumers for Los Angeles -Anaheim -Riverside
Consolidated Metropolitan Statistical Area, published by the United States Department of Labor's
Bureau of Labor Statistics or any relevant successor for the Orange County area, and the twelve
(12) month December Producer Price Index for Petroleum (PPI). The adjustment formula shall be
as follows: The CPI shall be weighted at ninety (90%) percent and PPI shall be weighted at ten
(10%) percent. However, fee adjustments will only be made if justified and shall occur at the sole
discretion of the Chief of Police based on recommendations from the Police Rotational Tow
Program Manager.
3. TERM
This Agreement shall commence on September 1, 2021 and continue for a three (3) year
term until August 31, 2024, unless terminated earlier in accordance with Section 13, below.
4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an
independent Contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer -employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Contractor
performs the services which are the subject matter of this Agreement; however, the services to be
Page 2 of 10
#141898v2
provided by Contractor shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Contractor shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Contract, Contractor shall maintain and shall
require its subcontractors, if any, to obtain and maintain insurance as described below:
1. Commercial General Liability Insurance — the Contractor shall maintain
commercial general liability insurance which shall include, but not be limited to
protection against claims arising from bodily and personal injury, including death
resulting there from and damage to property, resulting from any act or occurrence
arising out of Contractor's operations in the performance of this Agreement,
including, without limitation, acts involving vehicles. The amounts of insurance
shall be not less than the following: single limit coverage applying to bodily and
personal injury, including death resulting there from, and property damage, in the
total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate.
2. Business Automobile Liability Insurance, or equivalent form, shall be maintained
by the Contractor with a combined single limit of not less than $1,000,000 per
occurrence. Such insurance shall include coverage for owned, hired and non -owned
automobiles as well as uninsured motorist coverage with a combined single limit
of not less than $1,000,000 per occurrence.
3. Worker's Compensation Insurance — in accordance with the provisions of Section
3300 of the Labor Code, Contractor is required to be insured against liability for
worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Contract, Contractor agrees to obtain and
maintain any employer's liability insurance with limits not less than $1,000,000 per
accident.
4. Garage Liability and Garage Keeper's Liability Insurance — the Contractor shall
maintain garage liability insurance to include all premises, operations and coverage
for bodily injury and property damage with a combined single limit of not less than
$1,000,000 per occurrence as well as garage keeper's liability insurance for
vehicles in the care, custody and control of the operator in the storage facility with
a single limit of not less than $100,000 per occurrence.
5. On -Hook Insurance — the Contractor shall maintain on -hook insurance with limits
not less than those required by the California Highway Patrol:
a. Class A tow truck - $25,000
b. Class B tow truck - $50,000
C. Class C or Class D tow truck - $100,000
Page 3 of 10
#141898v2
6. The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
a. Commercial general liability and business automobile insurance policies
shall (1) name the City, its officers, employees, agents, volunteers and
representatives as additional insured(s); (2) be primary and not contributory
with respect to insurance or self-insurance programs maintained by the City;
and (3) contain standard separation of insureds provisions. A sample
additional insured endorsement is attached hereto as Exhibit C. Contractor
shall maintain all insurance required above in full force and effect for the
entire period covered by this Agreement.
b. Certificates of insurance shall be furnished to the City upon execution of
this Contract and shall be approved in form by the City Attorney.
C. All of the Contractor's storage facilities shall be listed in the certificates of
insurance.
d. Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty
(30) days prior written notice to the City.
7. If Contractor fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has
been procured and is in force and paid for, the City shall have the right, at the City's
election, to forthwith terminate this Contract. Such termination shall not affect
Contractor's right to be paid for services satisfactorily provided in accordance with
this agreement prior to notification of termination. The Contractor waives the right
to receive compensation and agrees to indemnify the City for any work performed
prior to approval of insurance by the City.
6. HOLD HARMLESS/INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall indemnify, defend and hold
harmless City, its officers, agents and employees (collectively, the "Indemnified Parties") from
and against any and all claims (including, without limitation, claims for bodily injury, death or
damage to property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's
fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim;
collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to
any work performed or services provided under this Contract (including, without limitation,
defects in workmanship and/or materials) or Contractor's presence or activities conducted
performing the work (including the negligent and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers, contractors,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may
be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed
to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be
construed as authorizing any award of attorney's fees in any action on or to enforce the terms of
Page 4 of 10
#141898v2
this Contract. This indemnity shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Contractor.
7. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed
under this Agreement. Contractor shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Contractor under this Agreement. All such records and
invoices shall be clearly identifiable. Contractor shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Contractor under this Agreement.
8. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Contractor without reference to information disclosed by the
City.
9. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
10. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
Page 5 of 10
#141898v2
promotion, termination or other employment related activities or any services provided under this
Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Contractor. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which is not embodied herein.
12. ASSIGNMENT
a. Inasmuch as this Agreement is intended to secure the specialized services of
Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest
herein without the prior written consent of the City and any such assignment, transfer,
delegation or subcontract without the City's prior written consent shall be considered
null and void.
a. Unless previously approved by the City, the sale or transfer of the controlling interest
in a company shall be cause for immediate termination of this contract and the
Contractor shall be replaced on the Rotational Tow List by another company on an
existing eligibility list or during a future RFQ process.
13. TERMINATION
a. The City reserves the right to immediately terminate the contract, without penalty,
for cause.
b. In the event Contractor fails or refuses to timely perform any of the provisions of
this Agreement in the manner required, or if Contractor violates any provision of
this Agreement, Contractor shall be deemed in default. City shall provide written
notice of such default to Contractor's Project Manager. If possible, the Contractor
shall cure said default within a period of two (2) working days. If such cure is not
completed in a timely manner, City may terminate the Agreement forthwith by
giving written notice to Contractor' s Project Manager, The City may, in addition
to the other remedies provided in this Agreement or authorized by law, terminate
this Agreement by giving written notice of termination. Contractor shall be
responsible for all costs incurred by City, including replacement costs of equipment
and labor required to provide service during Contractor's default.
Page 6 of 10
#141898v2
As described in Exhibit A, concerning the investigation and disposition of
violations, the City may terminate this agreement immediately for cause if it has
been determined by the Traffic Commander, with concurrence from the Field
Operations Bureau Commander, that the Contractor has committed rule violations
associated with this agreement, or has committed violations of the law, and
termination of the contract is deemed to be the appropriate disposition.
d. This agreement may be terminated without cause by City by written notice
delivered to the Contractor either personally or by mail, thirty (30) days prior to the
end of the then current term. Upon termination, City shall pay Contractor for
services rendered as specified in the Agreement prior to the effective date of
termination.
14. CONTRACTOR OPTION FOR TERMINATION
The Contractor may request termination of the contract when conditions during the contract
make it impossible to perform or when prevented from proceeding with the contract by act of God,
by law or official action of a public authority or in the event of nonpayment by the City. Such
request will require ninety (90) days written notice prior to contract termination date requested. In
the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30)
working days to cure the alleged breach.
15. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS
Contractor shall make every effort to solicit and advertise employment opportunities to
Santa Ana residents, The City shall inform the Contractor of areas to publicize recruitment
opportunities, such as work centers and community centers. Contractor shall provide to City, a
description of efforts and procedures used to notify residents of employment opportunities as they
occur but, at a minimum, once each year prior to the City exercising its option to extend the
contract.
16. CONTRACTOR' S PARTICIPATION AT COMMUNITY MEETINGS EVENTS
AND PUBLIC AWARENESS CAMPAIGNS
If requested by City, the Contractor shall agree to participate in community meetings,
community events and public awareness campaigns, such as National Night Out, DUI
presentations or any other neighborhood or City event. Such participation shall be upon City
request provided with reasonable notice of the event. Such events will not exceed four (4) requests
per year.
17. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
a. Contractor shall perform all requirements under this contract in strict observance of
and in compliance with all applicable environmental, traffic, safety and any other laws,
regulations, ordinances, codes and any other legislative or statutory requirements.
Page 7 of 10
#141898v2
b. Contractor warrants that the performance of services under this contract shall be
compliant with the current requirements of the Occupational Safety and Health Act
(OSHA) and as it may be amended or updated throughout the term of this contract.
18. FINES
The Contractor shall be liable for all violation fines levied against the City by any Federal,
State or local agency, including but not limited to the Air Quality Management District (AQMD),
and the Regional Water Quality Control Board, due to the action or failure to act by Contractor.
19. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
20. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
21. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
22. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
Page 8 of 10
#141898v2
W[61901=00
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Chief of Police
City of Santa Ana
60 Civic Center Plaza
Santa Ana, California 92702
Fax: 714-245-8190
Traffic Division
City of Santa Ana
Santa Ana Police Department
Attn: Traffic Commander
60 Civic Center Plaza
Santa Ana, CA 92702
Fax 714-245-8190
City Attorney's Office
City of Santa Ana
Attn: Police Legal Advisor
20 Civic Center Plaza
Santa Ana, CA 92702
Fax (714) 647-6515
To Contractor:
Greater Southern California Towing, Inc.
Attn: Arturo Perez, Inc.
2202 W. 5t' Street
Santa Ana, CA 92703
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
23. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
Page 9of40
#141898v2
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. The Agreement is the final and complete agreement and any prior or
contemporaneous agreements for similar services between the parties is superseded
by this Agreement. This shall not apply where the Parties are currently engaged
and Contractor is providing services not contemplated by this Agreement
C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
Daisy Gomez
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
IM4
Tamara Bogosian
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL:
David Valentin
Chief of Police
CITY OF SANTA ANA
Kristine Ridge
City Manager
CONTRACTOR:
Arturo Perez
CEO
Page 10 of 10
#141898v2
EXHIBIT A
SCOPE OF SERVICES
(9)
I. SCOPE OF SERVICES
CITY OF SANTA ANA
EXHIBIT A
SCOPE OF SERVICES
A consultant hired pursuant to this RFP shall be responsible for Police Rotational Towing and
Storage Services with the Santa Ana Police Department, as outlined in the SAMC § 32-107. The
successful Contractor(s) must agree to perform all services as outlined herein within the corporate
city limits of the City of Santa Ana or any other jurisdiction as directed by a member of the Santa
Ana Police Department.
II. IMPLEMENTATION
A. The selected Contractor(s) will collectively assume responsibility for all towing and storage
needs, and all other related functions as described in the RFP, for the Santa Ana Police
Department on a rotational basis.
B. The Contractor shall ensure that all employees working on this project meet the minimum
personnel and training standards identified herein. In addition, the Contractor should include
a list of additional training provided to the Contractor's staff demonstrating proficiency and
excellence in the field.
C. City Staff shall have the right to modify, reduce or delete rotational tow services and remove
contract personnel with prior notice to Contractor.
The Contractor shall provide sufficient personnel and equipment, but in no case less than the
minimum required, to carry out the duties contained in this RFP within specified timelines. The
term of the contract is three (3) years with two (2) one (1) year options for renewal.
III. USE OF ROTATIONAL TOW LIST
A. CRITERIA AND RULES FOR USE BY POLICE EMPLOYEES
The City agrees to utilize the rotational tow list for all service requests initiated by members of the
Santa Ana Police Department except where provided for in this agreement. Therefore, the City
agrees to operate under the following policy guidelines unless reasonably necessary to deviate
due to exigent or unforeseen circumstances:
1. Whenever the driver or owner specifies a particular club, association or tow service to care
for his/her vehicle, the garage or tow service requested shall be called and such calls shall
not constitute a rotational tow call.
2. When a driver does not specify a particular garage or tow service, the garage or tow service
called shall be taken from the rotational list in numerical order. When more than one vehicle
is to be towed from a collision scene and the drivers do not specify a preference, the rotation
list shall be followed on the basis of one tow truck for each vehicle utilizing the numerical
rotational order. The rotation list shall be followed on a per vehicle basis rather than per
collision or call for service. When multiple Contactors are called to the same incident, the
distribution of vehicles shall be determined by the police officer at the scene.
RFP No. 21-060 Police Rotational Towing and Storage Services Page 20 of 39
(9)
CITY OF SANTA ANA
3. If the eligible Contractor does not answer the telephone or acknowledge the call via a software
dispatch system, is unable to respond, unable to perform the required services, refuses to
respond or provide the requested service, or is cancelled due to an excessive response time,
that company shall be passed over and shall not be eligible until the Contractor comes up on
the rotation list again.
4. It shall be the responsibility of the Contractor to notify the Police Department if it is unable to
respond within the required time limit or with the appropriate equipment for the type of service
requested.
5. If it is determined, the Contractor is not needed and is cancelled by the Police Department or
the vehicle owner, the Contractor shall be placed back on top of the rotation list and no charge
shall result from the call.
6. The rotation list shall be used on occasions where an officer stores or impounds a vehicle and
the driver or owner is not consulted or is not present.
7. All employees of the Police Department are specifically prohibited from soliciting or
recommending any garage or tow service, either directly or indirectly. All officers are directed
to ascertain from the party in charge of the vehicle as to their preference of a towing agency.
A request of "no preference" by the person in charge will be relayed to dispatch by the officer
and will result in a call to the Contractor that is next up on the rotation list.
B. REPORTING PROCEDURES
1. All officers requesting a tow truck from the rotational list for the towing, storing or impounding
of a vehicle shall complete the Santa Ana Police Department storage/impound form when
required by Departmental policy or procedure. The form shall be signed by both the officer
and the driver of the tow truck. A copy of the Santa Ana Police Department storage/impound
form shall be given to the tow truck driver prior to the vehicle being towed from the scene.
IV. CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES
A. WORK ASSIGNMENTS AND SCHEDULE
The Contractor shall be available to provide services within the corporate limits of the City of
Santa Ana 24-hours per day, seven (7) days per week, 365 days per year. There are no
exceptions for holidays under the project. The Contractor shall also make reasonable
accommodations for its personnel to attend meetings with City staff from the Police Department,
City Attorney's Office or any other City Agency as required by the Project Manager.
B. PREVAILING WAGE
Prevailing wage will not be required for this contract.
C. WORKING HOURS AND RESPONSE TIMES
1. All services under this contact shall be available 24-hours per day, seven (7) days per week,
365-days per year without exception.
2. The owner, principal or business manager of the proposing Contractor shall have a minimum
of five (5) years of verifiable experience in the towing for -hire industry. Prior experience
RFP No. 21-060 Police Rotational Towing and Storage Services Page 21 of 39
(9)
CITY OF SANTA ANA
performing towing services for a law enforcement agency are highly desirable but not required.
If the owner, principal or business manager possessing this requisite experience is no longer
employed by the Contractor at any time during the course of the contract, the Contractor shall
immediately report such change in condition to the City's Project Manager and participation
on the rotation list shall be suspended until a new owner, principal or business manager is
identified and approved.
3. The Contractor shall be required to have a dispatcher on -duty 24-hours per day with the
capability to communicate instantly with all trucks and/or drivers assigned to this project.
4. All requests for tow services shall be acknowledged or refused within three (3) minutes by the
Contractor's dispatcher and response to the scene shall occur within 20 minutes from the time
the Contractor is notified by the Police Department's Communications Division.
a. The 20-minute response time applies only to tow requests requiring a Class A tow
truck.
b. The Contractor shall be required to comply with this requirement by providing
appropriate staffing levels and, if necessary, strategically staging personnel during
peak traffic times to allow drivers sufficient time to arrive while complying with all traffic
laws and regulations in their response to service requests.
c. For any request requiring a Class B, C or Class D tow truck, the Contractor shall have
the necessary equipment on scene within 45 minutes of notification by the Police
Department's Communications Division if a Department employee identifies the need
for such equipment or when determined by the Contractor's employee after
responding to the scene and assessing the situation.
5. The Contractor shall be required to have a minimum of one (1) driver on duty 24-hours per
day, seven (7) days per week. In addition, the Contractor shall have at least one (1) other
driver on -call or stand-by.
6. The Contractor will also be required to maintain office hours between 8:00 am and 5:00 pm,
seven (7) days a week, 365 days per year so vehicle owners can retrieve stored or impounded
vehicles. An applicable gate fee may apply for vehicle releases after normal business hours.
D. CONTRACTOR AND PROJECT MANAGEMENT REQUIREMENTS
1. The Contractor shall furnish all personnel necessary to fulfill the obligations of this RFP.
2. A list identifying the names of all personnel assigned to work on this project on behalf of the
Contractor shall be provided to the City's Project Manager or designee. This information shall
include the name, date of birth, driver's license number, social security number, business and
residence addresses, the Contractor's Project Manager and secondary supervisor, and all tow
truck operators working pursuant to this agreement.
3. The Contractor shall identify the person assigned as the Contractor's Project Manager for this
project. That person shall be available to the City during normal business hours and will be the
primary contact between the City and the Contractor on matters relating to the enforcement
services provided through this RFP. This person shall have substantial expertise and experience
in tow and recovery operations as well as business operations for the company.
RFP No. 21-060 Police Rotational Towing and Storage Services Page 22 of 39
(9)
CITY OF SANTA ANA
4. The Contractor's Project Manager shall be the primary daily operations contact to the City and as
such, shall do the following:
a. Respond to complaints from the Police Department, customers or the community. A copy
of any complaints lodged directly with the Contractor regarding services provided under
this contract shall be provided to the City's Project Manager or designee immediately as
well as the steps being taking to resolve the complaint and the date a resolution can be
expected. A copy of the final disposition shall also be provided to the Project Manager or
designee within 15-days unless an extension has been granted in writing prior by the
Project Manager.
b. Contact the City's designee at least once per month to discuss and clarify operational
assignments and expectations;
c. Ensure that the Contractor's personnel perform the duties as required by the RFP; and
d. Prepare and submit monthly reports as required.
5. The Contractor shall be required to designate a second person that may be contacted in the
absence of the Contractor's Project Manager. This person shall also have authority over the
Contractor's personnel and shall be a member of the Contractor's staff with authority to represent
the Contractor on policy matters.
E. CONTRACTOR'S PERSONNEL REQUIREMENTS
1. Each of the Contractor's employees performing work pursuant to this RFP shall:
a. Be approved by the Project Manager or designee to perform work on behalf of the City.
b. Have ability to read, write legibly, speak and comprehend the English language - Bilingual
fluency in Spanish or other language approved on the City's bilingual list is preferred.
c. Be a minimum of 18 years of age;
d. All tow truck drivers employed by the Contractor and used for this project must be
competent and proficient in all aspects of their duties related to tow and recovery
services. This requirement shall provide that any tow driver responding to a scene will
be capable of safely towing and/or recovering a vehicle under most circumstances
without delay.
e. All tow truck drivers employed by the Contractor shall complete an approved tow truck driver
training program approved by the California Highway Patrol (CHP) pursuant to their Tow
Service Agreement Advisory Committee (TSAAC) prior to performing any work related to this
project. Upon selection, proof of successful course completion, the name of the provider and
the curriculum taught shall be provided to the Project Manager or designee prior to any driver
performing any work on behalf of the City. A list of the 2019-2020 TSACCA training providers
may be found in Exhibit 5 of this agreement or in the CHP's 2019-2020 Tow Service
Agreement availalble at
https://www.chp.ca.gov/ResearchAndPlanningSectionSite/Documents/2019-2020 TSA.pdf
2. Pass a background and fingerprint check that shall include a review of the employee's criminal
history that would pose a liability for the City including crimes of violence, moral turpitude,
theft or unsafe driving practices.
3. The Contractor and all tow truck drivers shall be required to participate in a controlled
substance and alcohol testing (CSAT) program and provide proof of enrollment.
RFP No. 21-060 Police Rotational Towing and Storage Services Page 23 of 39
w
CITY OF SANTA ANA
a. Drivers requiring a Class A, Class B or commercial Class C (endorsed for hazardous
materials transportation) shall participate in a CSAT program as defined in the Code of
Federal Regulations, Title 49, Parts 40 and 382.
b. Drivers not required to possess a Class A, Class B or commercial Class C license shall
also be enrolled in a CSAT program substantially similar to the requirements outlined
above.
c. The Contractor shall ensure selection pools for commercial and non-commercial licensed
drivers are maintained separately.
d. A driver possessing a non-commercial driver's license who returns with a positive test
result shall meet the same reinstatement requirements as a driver required to possess a
commercial driver's license.
4. All employees assigned by the Contractor shall have a valid California driver's license and
remain in good standing with the California Department of Motor Vehicles.
a. Tow truck drivers must possess the proper license class, including endorsements, for
any tow truck or combination of tow truck and vehicle they operate in the performance of
their duties pursuant to this contract. Tow truck drivers shall remain certified and in
compliance with CVC § 12520 at all times.
b. The Contractor and all tow truck drivers shall be enrolled in the Employer Pull Notice
(EPN) program.
i. The Contractor shall provide a current list of drivers and a copy of the EPN report.
ii. Newly hired tow truck drivers shall be enrolled in the EPN program and proof
provided to the Santa Ana Police Department within 30 days of the employee's hire
date.
5. Only employees of the Contractor necessary to complete an assignment shall respond to the
scene of a request for service (no spouse, children, animals, etc.).
6. Tow truck drivers shall perform all towing and recovery operations in the safest and most
expedient manner possible.
7. Under no circumstances shall a Contractor's employee carry or be armed with any type of
weapon whatsoever while providing service pursuant to this RFP.
8. The Contractor shall provide and pay for all uniforms for contract personnel assigned to work
in the field.
a. Uniform specifications shall include the name of the company and the employee's name
affixed to the employee's shirt.
b. The City's Project Manager or designee shall review and approve all uniforms. Uniforms
shall fit properly without excessive wear. The uniform must be clean, free of any offensive
odors and present a neat appearance.
c. All tow truck drivers shall wear appropriate safety garments (e.g. vests, jackets, shirts,
retroreflective clothing) in accordance with California Code of Regulations, Title 8, § 1598.
If the tow truck driver is working on a Federal -aid highway, the operator shall comply with
the guidelines contained in the Federal Code of Regulations, Title 23, Highways, Chapter
1, Federal Highway Administration, Department of Transportation, Part 634, Worker
Visibility, which requires high -visibility personal protective safety clothing to be worn that
meets the Performance 2 or 3 requirements of the ANSI/ISEA 107-2004.
9. The City's Project Manager or designee shall conduct the final review of all contract
RFP No. 21-060 Police Rotational Towing and Storage Services Page 24 of 39
w
"T CITY OF SANTA ANA
employees prior to being assigned to perform services related to this project on behalf of the
City of Santa Ana. The Chief of Police or his designee has the ultimate authority and discretion
regarding personnel working under this contract. The Chief of Police or his designee may
remove contract personnel, upon telephone notification to the Contractor.
F. REQUIRED TOW VEHICLES AND EQUIPMENT
At a minimum, the Contractor shall possess, maintain and be the listed registered owner of
the following classes of tow vehicles (meeting requirements as defined in the most current
version of CHP 234B — Tow Truck Inspection Guide):
a. Four (4) Class A tow trucks designed for light duty towing operations.
b. One (1) Class B tow truck designed for medium duty towing operations.
c. One (1) Class C tow truck designed for heavy duty towing operations.
d. One (1) Class D tow truck designed for heavy duty towing operations.
2. The Contractor shall provide a listing of all towing vehicles or any substitute vehicle that may
be used pursuant to this agreement. Such list must provide the following information:
a. Make, model, and year.
b. Tow truck classification (e.g. Class A).
c. Vehicle and engine identification numbers.
d. Company identification number.
e. California license number.
f. Company vehicle color(s).
3. The company name, business address, telephone number and tow truck identification
number shall be permanently and properly affixed to each vehicle in a manner prescribed
pursuant to CVC § 27907.
4. There shall be no words or language affixed to the vehicle associating the Contractor or the
vehicle with the Santa Ana Police Department (e.g. "official police tow") without the prior
written approval of the City's Project Manager.
5. At no time shall the Contractor exceed the gross vehicle weight rating (GVWR) and/or safe
loading requirements of the tow truck, including, but not limited to, exceeding the tow
trucks GVWR, front axle weight rating, rear axle weight rating, maximum tire weight
ratings, or failure to maintain 50 percent of the tow truck's unladen weight on the front axle
when lifting or carrying a load.
6. The authorized Towing and Storage Fee Schedule shall be posted in public view in all tow
trucks.
7. Intentionally omitted
8. All of the vehicles identified above and used in accordance with this agreement shall be
equipped with the minimum equipment required to perform towing operations as well as the
equipment pursuant to CVC § 27700 and the "Service and Other Equipment" section of the
CHP 234B (Tow Truck Inspection Guide) form. The Contractor may also be required to carry
any other safety devices reasonably required by the City.
RFP No. 21-060 Police Rotational Towing and Storage Services Page 25 of 39
(9)
CITY OF SANTA ANA
9. The contractor shall maintain all vehicles and equipment in good repair for use by the
Contractor's employees assigned to perform services pursuant to this agreement. The
Contractor shall be responsible for, and pay for all operating expenses, equipment,
maintenance and insurance for vehicles assigned to perform work related to this
agreement. All tow trucks shall be equipped and maintained in accordance with applicable
sections from the California Vehicle Code, Title 13 of the California Code of Regulations,
the requirements of this RFP and industry standards.
10. All vehicles shall be kept clean, be free of offensive odors and maintain a professional
appearance.
11. All tow trucks shall be inspected annually by the California Highway Patrol and maintain a
current Commercial Vehicle Safety Alliance (CVSA) decal. The Contractor shall provide
current copies of CHP 234B (Tow Truck Inspection Guide) and CHP 407F (Safetynet
Driver/Vehicle Inspection Report) for each vehicle to the City's Project Manager or
designee.
12. The Contractor agrees that the Santa Ana Police Department may inspect any vehicle,
without prior notice, at any time during normal business hours.
13. The Contractor shall provide instant communication access via cellular phone or radio to
all personnel while performing their duties.
G. GLOBAL POSITIONING SYSTEM (GPS)
It is highly desirable for the Contractor to provide GPS capabilities in all of their tow trucks. If
offered for consideration in the Contractor's Response, the City and Contractor shall be able to
view this information via computer in real time and the Contractor shall provide GPS reports at
the request of the City.
H. CONTRACTOR'S BUSINESS OFFICE REQUIREMENTS
The Contractor shall maintain an office and storage facility within the corporate limits of the
City of Santa Ana and remain in compliance with any requirements imposed by the Police
Department, the Planning Division or any other Department, Agency or Agent of the City of
Santa Ana in accordance with federal regulations, state law, the Santa Ana Municipal Code
and this agreement.
2. It is preferable that the office and storage facility be at the same location to minimize the
impact on the community. However, should additional locations exist, the Contractor agrees
to conduct all business from the primary facility and any costs associated with operating a
secondary location and/or moving vehicles to or from that secondary location shall not be
passed along to any customer covered under this agreement.
3. The primary facility shall have a sign clearly visible to the public that identifies the location as
a towing service.
4. The business hours shall be clearly posted.
5. The office shall be sufficiently staffed to allow customers to speak with a company
representative during normal business hours without unnecessary delay.
6. Current and approved rates pursuant to the Towing and Storage Fee Schedule shall be posted
RFP No. 21-060 Police Rotational Towing and Storage Services Page 26 of 39
(9)
CITY OF SANTA ANA
in public view in the Contractor's office and/or storage facility in compliance with California
Civil Code § 3070 and CVC § 22651.07.
7. The Contractor shall comply with the provisions of CVC § 22651.1.
8. The Contractor shall maintain records of all tow services furnished by the Contractor at the
primary office location.
a. Invoices shall contain the required itemized information pursuant to CVC 22651.07(e).
b. Itemized invoices shall contain a distinct notice upon the invoice stating, "Upon request,
you are entitled to receive a copy of the "Towing Fees and Access Notice." This notice
shall be contained within a bordered text box, printed in no less than 10-point type
pursuant to CVC 22651.07(a)(1)(B)(3).
9. The operator's primary business office shall also maintain business records relating to
personnel, insurance, personnel taxes, payroll, applicable operating authorities, local
operating authorities, lien sale actions, driver's record of duty status (intrastate and/or
interstate), and Federal Communication Commission licensing (if applicable).
10. The Contractor agrees that a representative from the Santa Ana Police Department may
inspect all business records, facilities and vehicles without notice during normal business
hours.
11. The Contractor shall permit the Santa Ana Police Department to make copies of business
records at their place of business or remove business records for the purpose of reproduction.
12. Lien fees, or any fees related to the preparation of a lien, shall not exceed the amounts
allowable in the Towing and Storage Fee Schedule, attached hereto as Exhibit 4, and in
compliance with all relevant provision of the California Vehicle Code and California Civil Code.
I. STORAGE FACILITY AND VEHICLE STORAGE REQUIREMENTS
It is preferable that the storage facility is located at the same location as the primary business
office. However, if located at a different location than the main office, the storage facility must
be within the corporate limits of the City of Santa Ana and have an on -site release office at all
storage lots. Persons seeking to take possession of their vehicle or property shall not be
required to travel to more than one location to recover their vehicle from the Contractor's
custody.
2. The storage facility and all vehicles towed at the direction of the City shall be made available
to police personnel 24-hours per day, 7-days per week.
3. The entire storage lot must be sufficiently well lit to deter theft. Other theft deterrent devices
(e.g. cameras, alarms, on -site personnel, etc.) are highly desirable.
4. The storage lot must be completely secured by a wall or fencing and a gate that is able to be
locked to maintain security for stored and impounded vehicles. The minimum height
requirement for the fence and gate shall be six (6) feet.
5. The storage lot shall be large enough to hold a minimum of 100 vehicles at any given location.
This requirement is the minimum area reserved for Santa Ana vehicles and additional space
is highly desirable. All vehicles towed by the City shall be stored within the corporate city
limits and the vehicle or any of its contents shall be made available for release within the
RFP No. 21-060 Police Rotational Towing and Storage Services Page 27 of 39
w
"T CITY OF SANTA ANA
corporate city limits. If multiple storage facilities are maintained, the Contractor shall only use
the secondary lot when the primary lot is full and shall not charge for transportation beyond
that of the main storage facility.
6. The Contractor shall also provide an inside storage facility, which must consist of four walls
with a solid roof and a door equipped with a locking device. Additional security features are
highly desirable. This facility shall be sufficient to reasonably protect vehicles from theft,
tampering, weather, environmental conditions or any other circumstances that could cause
the removal or contamination of evidence. Access to this area by employees or other
individuals shall also be restricted. This facility shall be capable of storing a minimum of four
(4) mid -sized vehicles for the City of Santa Ana and sufficient space to conduct forensic
analysis of the vehicle on -site if necessary.
7. Vehicles impounded pursuant to CVC § 10751 shall be placed in an area of the storage facility
that will provide sufficient space and privacy, allowing auto theft investigators to perform a
vehicle inspection without delay. This requirement shall be required for the first ten (10) days
of impound.
8. Vehicles will not be released, sold or dismantled until a signed release form has been obtained
from the Santa Ana Police Department. The signed release form will be kept by the towing
company as proof of authority for the release.
9. Release forms are required for impounded vehicles and vehicles with a "hold" placed on them
by police department personnel. The release form will indicate they are from the Santa Ana
Police Department and shall only be signed by authorized members of the Police Department.
a. Stolen vehicles recovered by the Police Department will be released to the victim/owner by
the Contractor with proof of ownership. Unless specifically noted, no release will be
required from the Police Department.
b. Stolen vehicles recovered by the Police Department requiring further investigation as
determined by the handling officer will be impounded pursuant to CVC § 22655.5, thereby
placing a hold on the vehicle. The impound box will be marked along with an explanation
in the narrative. These vehicles will not be released until the victim/owner obtains a release
from the Police Department.
c. If the owner of the vehicle is unable to prove ownership to the tow agency, they will be
referred to the Santa Ana Police Department and a release will be issued once ownership
is established.
d. If a registered owner is unable to retrieve their vehicle from storage, a vehicle authorization
form shall be provided by the Contractor to the person authorized to pick-up the vehicle.
The authorized recipient, on behalf of the registered owner, will be required to provide
identification for the Contractor to photocopy (front/back).
10. When a vehicle is impounded, the towing company will place the word "hold" or other similar
notation on the windshield of the vehicle. This is to minimize unauthorized contact with the
vehicle and to provide control measures to prevent the inadvertent release.
a. The responsibility for determining and placing the word "hold" or other similar notation on
the windshield of the vehicle will be the responsibility of the Contractor at the time of vehicle
possession. The Contractor's employee signature on the storage/impound report will
acknowledge an understanding of the type of report completed by the officer and any
necessary holds. The Contractor should clarify any misunderstandings or omissions on
the report at this time.
RFP No. 21-060 Police Rotational Towing and Storage Services Page 28 of 39
(9)CITY OF SANTA ANA
11. Vehicles towed or stored with an "evidence hold" shall not be touched, moved or tampered
with in any manner without the written consent of the City's Project Manager or designee.
12. The Contractor agrees to tow and store vehicles taken pursuant to an "evidence hold" as
defined in CVC §§ 22655.5 or 22655(a) without charge to the City and agrees to release the
vehicle to the owner at the City's request. The initial towing fee shall be billed to the owner of
the vehicle. Unless waived in whole or in part by the City's Project Manager, the tow company
may pursue collections from the registered owner for the initial towing fees. Furthermore, the
Contractor may attempt to collect these fees, or make arrangements to collect these fees, at
the time of release but shall not hold the vehicle in lieu of payment unless specifically
authorized by the City's Project Manager or designee.
13. In any case where the Police Department inadvertently and/or erroneously causes the
impound or storage of a vehicle, or fails to properly notify the owner in a timely manner, the
Contractor agrees to release the vehicle at the request of the City's Project Manager or
designee and waive all fees or charges associated with the tow.
14. Any personal property released from a vehicle shall occur at the business office or primary
storage facility and shall require authorization from the Police Department. All property shall
be released pursuant to CVC § 22851(b) and CVC § 22651.07. Personal property includes
any property not affixed to the vehicle (e.g. clothes, cell phones, papers, pull-out / detachable
face radios, etc.)
J. CUSTOMER SERVICE
Contractor shall provide service which is accessible, courteous, responsive, timely, equitable and
given in the spirit of professionalism and mutual respect. Contractor's personnel are a reflection
of the City of Santa Ana and, as such, are expected to:
1. Interact with customers and City officials, whether in person or on the phone, in a pleasant,
respectful and professional manner.
2. Give full attention to each customer's needs by asking questions. Provide information,
products and service in an accurate, organized and complete manner. Determine that the
customer's request has been fulfilled.
3. Maintain a professional demeanor at all times that is free from rude, discourteous or harassing
behavior.
4. Comply with all federal, state, county, and city laws and regulations.
5. Use adequate equipment that is kept clean and neat at all times.
6. Train other Contractor employees to be polite and courteous during public contact.
7. Employ truth and accuracy in reporting customer service records.
RFP No. 21-060 Police Rotational Towing and Storage Services Page 29 of 39
(9)
K. RATES AND FEES
CITY OF SANTA ANA
Notwithstanding other provisions of this agreement related to rates and fees, the Contractor
agrees to comply with the following provisions as they relate to rates and fees charged in
accordance with this agreement:
1. For services provided pursuant to this Agreement, the Contractor shall collect towing, storage and
other service fees from the vehicle owner at the time of release. Said fees shall comply with the
Santa Ana Police Department's Towing and Storage Fee Schedule, attached hereto as Exhibit 4,
and incorporated by this reference.
2. The Contractor acknowledges that the fee schedule is intended to list the maximum amounts for
services rendered but nothing in this Agreement shall preclude the Contractor from charging less
than the maximum fee allowed.
3. Nothing shall prohibit a Contractor from sending a Class B, C or D tow truck to a call requiring a
lighter class tow truck to perform requested services. However, the Contactor acknowledges that
fees may only be charged for the class necessary to perform the requested services and not
necessarily for the class of tow truck dispatched to the call.
4. No fees may be charged for personnel, equipment or services reasonably necessary to perform
the required service.
5. No lien shall be placed on the vehicle for services performed or initiated, and subsequently
cancelled on -scene by the Santa Ana Police Department, unless the Contractor has presented a
written statement to the vehicle's registered owner or agent for the signed authorization of services
to be performed pursuant to Civil Code § 3068(a).
a. The Contractor shall not attempt to take possession of a vehicle in order to establish a lien for
any services performed or initiated and subsequently cancelled.
b. The Contractor shall not bill the City of Santa Ana or Santa Ana Police Department for any
services performed or initiated, and subsequently cancelled by the department. However, in
such cases, the incident shall not be considered a rotational call and the Contractor shall be
returned to the top of the rotation list.
6. The Towing and Storage Fee Schedule shall be posted in the business offices, storage facilities
and tow trucks pursuant to CVC § 22651.07.
7. Rate adjustments may be considered based on the criteria in Section VI of the Scope of Services,
Subsection B, 4, located below.
8. Contractor's failure to comply with the Towing and Storage Fee Schedule shall be subject to
disciplinary action.
9. The Contractor shall not seek payment from the City of Santa Ana for services provided pursuant
to this Agreement. However, the City shall be responsible for the following charges ordered by
the City pursuant to this Agreement:
a. Collision cleanup pursuant to Section IV, Subsection N, below;
b. Other services authorized by the City's Project Manager prior to the performance of said
duties.
RFP No. 21-060 Police Rotational Towing and Storage Services Page 30 of 39
(9)
CITY OF SANTA ANA
L. MISCELLANEOUS PROVISIONS
The Contractor shall have a Carrier Identification and a valid Motor Carrier Property (MCP)
permit, which shall be provided to the City's Project Manager or designee. The expiration or
suspension of the MCP shall result in immediate suspension from the rotation list as well as
possible disciplinary action.
2. There may be times when the Contractor comes across a vehicle blocking the roadway although
not assigned to the call or next on the rotation list. At the discretion of the officer at the scene, the
Contractor may be directed to assist in moving the vehicle to the side of the roadway only. This
service shall be provided without cost to the City or vehicle owner, and shall not affect the
Contractor's position on the rotation list.
3. The Contractor shall be held accountable for all vehicles, personal property and vehicle
accessories once the vehicle is in the possession of the driver and/or stored at their facility. The
Contractor agrees to relieve the City, its officers, agents and employees of all responsibility once
the vehicle is in the custody of the Contractor.
4. There shall be no photography or video recording at the scene of a tow or collision by the
Contractor or any employee unless directly related to the towing operation. Photographs or video
recordings shall only be directed at vehicles or the area immediately surrounding the vehicle but
in no case shall capture any image of a person(s) injured or killed at the scene.
5. The Contractor, nor any employee of the Contractor, shall accept from any person or offer a
gratuity to any member of the City in violation of CVC § 12110(a) and the City's gift ban ordinance.
6. The Contractor shall remain in compliance with CVC § 10652 as required.
7. Due to the negative perception of Private Party Impounds (PPI's) and the nexus to predatory
towing practices, whether actual or perceived, the City of Santa Ana and the Santa Ana Police
Department have an interest in ensuring any Contractor working on its behalf is not associated
with these practices. In addition, tow companies that engage in PPI's are subjected to complaints
and investigations on a more frequent basis than those that do not participate in this facet of the
towing business. Therefore, the City strongly discourages any Contractor assigned to the
rotational tow list from engaging in PPI's within the corporate limits of the City of Santa Ana.
Subject to the investigative process outlined in the RFP, any company found to be in violation of
PPI regulations including, but not limited to, applicable sections of CVC § 22658 or any other laws
or regulations associated with PPI's shall be subject to suspension or immediate removal from
the rotation list for sustained complaints or convictions for violations of the law.
M. UTILIZATION OF DISPATCH AND TRACKING SOLUTIONS SOFTWARE
The City uses Dispatch & Tracking Solutions (DTS) software for its rotational towing
administration. The Contractor shall agree to utilize the most recent, updated, upgraded Dispatch
& Tracking Solutions software program (DTS), or any other software solution selected by the City,
to dispatch and track tow activity via a web -based Internet connection. All tow requests originating
from the Santa Ana Police Department may be made utilizing this program. The Contractor's
failure to have the DTS program in full operation and to acknowledge tow requests in a timely
manner pursuant to this RFP shall result in a finding of default and shall result in immediate
suspension from the tow rotation list. Failure to remedy the problem as set forth in Section VI,
RFP No. 21-060 Police Rotational Towing and Storage Services Page 31 of 39
(9)CITY OF SANTA ANA
Subsection G shall be grounds for the termination of the agreement between the City and the
Contractor.
The Contractor must be willing to must enter into a separate agreement, contract, or license for
DTS software, or any other software solution implemented by the City, with the owner of that
proprietary software. The City shall not provide the software program, any licensing or sub -
licensing thereof or any intermediary services for the procurement by the Contractor of the
software program. This Contract shall not be executed by the City until the Contractor has
demonstrated to the City's Project Manager or designee satisfactory compliance with the
requirements set forth herein. The Contractor shall be liable for all fees, charges, rates and
service charges required for the procurement and use of DTS software or any similar software
solution.
If the City should elect to use a different program than DTS at some point in the future, the
Contractor agrees to comply with the above requirements as it relates to the new software solution
after provided reasonable notice by the City and sufficient opportunity to procure said software
program.
N. RESPONSIBILITIES WHEN RESPONDING TO CALLS FOR SERVICES
1. When the Contractor is called to the scene of a vehicle tow or a collision scene, the
Contractor's employee will clean-up all debris at the scene in accordance with CVC § 27700
without charge to the City.
a. If this service does not result in a vehicle tow, it shall not be considered a rotational call
and the tow company shall be placed back on the top of the rotational tow list.
b. Police employees should not call a rotational tow to the scene of a collision for the sole
purpose of cleaning up debris. However, should this occur or become necessary, the
Contractor may bill the City for the cost of the response in accordance with the City's
Towing and Storage Fee Schedule.
O. PERFORMANCE DURING INCLEMENT WEATHER OR DISASTERS
1. The Contractor acknowledges that the services provided under this contract are integral to
the operations of the City of Santa Ana and the Santa Ana Police Department. Therefore,
the Contractor agrees to perform the duties of this contract regardless of weather or other
adverse conditions including, but not limited to, any disasters whether man-made or acts of
God.
2. During periods of inclement weather or disaster, the Contractor shall agree to adjust staffing
levels to meet the increased demands for service during these times.
3. Should the Contractor be unable to fulfill their responsibilities under the conditions described
in this section, the Contractor shall be responsible for any and all costs incurred by the City
should the need to hire outside contractors become necessary to meet the needs of the
Police Department due to the Contractor's default.
P. PROTECTION OF THE PUBLIC AND DAMAGES TO EXISTING STRUCTURES
RFP No. 21-060 Police Rotational Towing and Storage Services Page 32 of 39
(9)CITY OF SANTA ANA
1. The Contractor shall exercise due care and caution at all times for the protection of all persons
and property. All fines, penalties and/or repair charges resulting from the Contractor's actions
shall be the sole responsibility of the Contractor.
2. Understanding that the Contractor will respond to calls involving traffic collisions or traffic hazards,
and pursuant to CVC § 22513, the Contractor shall only place or use equipment to block vehicle
traffic lanes or render assistance to a motorist while exercising due care for the safety of the tow
truck driver, the motorist and the motoring public. Tow truck drivers should be trained in scene
management in accordance with this section. The Contractor shall ensure that all appropriate
traffic safety warning devices are utilized as deemed necessary.
3. Contractors will be required to respond to calls where vehicles have collided with other objects
and may have already caused damage to varying degrees. The methods proposed by the
Contractor for towing and recovery services shall be reasonable and consistent with industry
standards, best practices, and in a manner that shall not cause unnecessary additional harm,
deface or damage any City or private property. In the event that damage to the City's right-of-way
or private property has occurred due to the negligence of the Contractor, the Contractor shall be
solely responsible for its repair or replacement in excess of the amount covered by the required
insurance.
Q. SPECIFICATIONS
This Scope of Services is intended to cover all labor, material and standards of workmanship to
be employed for in this work plan or reasonably implied by terms of same. Work or materials of
a minor nature which may not be specifically mentioned, but which may be reasonably assumed
as necessary for the completion of this work, shall be performed by the Contractor as if
described in the specifications.
R. RECORDS
1. The Contractor shall keep accurate records concerning all vehicle tows, vehicle storages and
vehicle releases or disposition.
2. In addition, the Contractor shall maintain accurate records of his/her employees or agents and
provide the City with names and telephone numbers of emergency contact employees.
3. The Contractor shall complete a report each calendar month indicating the number of calls for
service, the number of vehicles towed, the number of vehicles in storage (regular and secure)
and their current status, vehicles released, vehicles sent to lien sale, the status of any other
vehicles or services rendered by the Contractor on behalf of the City, GPS information (if
requested by the City) or any other information as may be required by the City's Project
Manager or designee.
4. A phone log will be submitted monthly of all calls from the Santa Ana Police Department to
the Contractor, identifying whether or not those calls required a request for service, and a
description of the action taken as a result of the call.
5. The Contractor shall provide monthly customer service phone logs from the public, indicating
name, date, time and phone number of caller, reason for the call, any specific requests, the
Contractor's response or action, and the amount of time required to address request. Such
logs shall be accurate and truthful.
RFP No. 21-060 Police Rotational Towing and Storage Services Page 33 of 39
(9)CITY OF SANTA ANA
6. The Contractor shall permit the City to inspect and audit its books and records regarding City
provided services at any reasonable time.
S. AUDITS AND INSPECTIONS
The Chief of Police or his designee shall conduct regular audits and inspections of the Contractor(s)
assigned to this project to ensure they are fulfilling their responsibilities in accordance with the terms
and conditions of this agreement. All work found during such audits or inspections to be substandard
or failing to conform to the requirements of this agreement shall be corrected immediately by the
Contractor and the City shall have the right to immediately suspend the Contractor from the rotation
list until the issue(s) is/are corrected. Failure to correct, as set forth in Section 13, Subsection b, of the
Agreement may result in termination of the contract.
T. INVESTIGATION OF ALLEGED VIOLATIONS, RULES, OR TERMS AND CONDITIONS
OF AGREEMENT
Whenever an alleged violation is lodged against a Contractor or initiated by the Police
Department, the Traffic Commander shall assign a supervisor from the Traffic Division to
investigate any allegations. A fair, impartial and comprehensive investigation shall be conducted
and the findings documented for review. To the extent required by law, the Contractor shall
cooperate fully in the investigation and provide any documentation requested by the investigator
to assist in making a finding. In addition, the Contractor shall be given the opportunity, either
orally or in writing, to respond to the complaint at the point deemed appropriate by the investigator.
The City expects that the Contractor will demonstrate professional business practices and truth
in reporting as it relates to any records or information requested.
Violations shall include, but not be limited to, situations such as poor customer service, failure
to comply with non -safety related terms of the agreement, or minor equipment or facility
deficiencies, situations involving honesty, integrity, safety, security, gross overcharging of a
customer or a pattern of overcharging, failure to comply with the provisions of CVC § 22658
as it relates to PPI's, criminal violations involving such crimes as DUI, drug related offenses,
theft, or any other crimes involving moral turpitude, or significant, repeated or flagrant violations
of this agreement.
If it is determined that criminal charges are appropriate, the assigned investigator shall document
the incident on a crime report and present the case to the appropriate prosecuting authority for
review.
Based on the nature and seriousness of the misconduct being investigated, the Chief of Police
may temporarily suspend the Contractor, or its agent individually, from the rotation list until the
investigation is completed and a proper disposition is reached.
The standard for sustaining a violation made against the Contractor or the Contractor's agent
shall be a preponderance of the evidence, regardless of the nature of the violation. Other
investigative findings may include unfounded (false or factually incorrect), exonerated (action
occurred but was lawful or within the terms of this agreement) or not sustained (inconclusive
due to insufficient evidence or independent witnesses).
All alleged violations shall be forwarded to the Traffic Commander for review. Upon
a determination of a sustained violation, a recommendation for discipline shall be made, if
appropriate.
RFP No. 21-060 Police Rotational Towing and Storage Services Page 34 of 39
(9)
CITY OF SANTA ANA
U. DISCIPLINARY ACTION
The Contractor agrees that failure by the Contractor, or its agent, to comply with the law or terms
and conditions of this agreement shall be cause for disciplinary action. However, nothing in this
agreement shall preclude the City from taking appropriate enforcement action for violations of
the law. Within 60 days of receipt of an alleged violation, the Traffic Commander shall review
the findings of the investigation and recommend disciplinary action, if appropriate. The Traffic
Commander shall take into account the nature of the alleged violation, the findings of the
investigation, past violations made against the Contractor, and/or sustained against the
Contractor, and past practice of the Department to maintain equitable treatment of all
Contractors assigned to the rotational tow list. Depending on the nature and complexity of the
sustained violation, the Traffic Commander may allow the Contractor or designee to provide
a brief written statement for consideration and/or may contact Contractor to ask additional
questions.
Disciplinary action shall typically be progressive in nature and based on the Contractor's record
during the previous 5 years from the date of the sustained violation. Therefore, multiple
violations for similar offenses, regardless of their severity, will result in increased disciplinary
action. However, this does not preclude the Traffic Commander from recommending more
serious disciplinary actions where violations have been committed or there are aggravating
factors associated with the misconduct.
The following actions may be recommended:
1. No further action.
2. Issue a written warning.
3. Impose a suspension for violations (1 to 30-days).
4. Impose a suspension for significant, flagrant, repeated, or multiple violations (30 to 90-days).
5. Termination of the contract for cause and immediate removal from the rotation list.
The Contractor shall be notified in writing of the City's intent to impose disciplinary action. The
Traffic Commander shall have the authority to impose discipline up to and including the imposition
of a suspension for violations as long as the suspension does not exceed 30-days in length.
However, nothing in this article shall preclude the Traffic Commander from reducing
the recommended discipline based on mitigating factors. Recommended suspensions
exceeding 30-days in length or termination from the rotation list shall be approved by the
Field Operations Bureau Commander prior to imposition.
The Traffic Commander may recommend to the Chief of Police the immediate termination of
this agreement if the conduct of the Contractor, or its agents, are determined to pose a
danger to the public, have an excessive number of violations that tax the investigative
resources of the Police Department, or the Contractor's actions reflect negatively upon the City.
V. RIGHT TO APPEAL
Upon receipt of a notice to impose disciplinary action, the Contractor shall have the right to submit
a written appeal within ten (10) business days to the Field Operations Bureau Commander.
Upon receipt of the written appeal, the Field Operations Bureau Commander shall issue
their findings in writing within ten (10) business days. Upon receipt of the Field Operations
Bureau Commander's finding(s), if the Contractor disagrees with the findings, the Contractor's
final remedy is submitting a written final appeal to the Chief of Police with a copy to the Traffic
RFP No. 21-060 Police Rotational Towing and Storage Services Page 35 of 39
(9)CITY OF SANTA ANA
Commander. Upon receipt of the Contractor's final written appeal, the Chief of Police shall issue
a written decision within (10) business days. The decision of the Chief of Police shall be final.
Disciplinary action shall not be imposed until the appeal process has been exhausted. However, if
the conduct of the Contractor is deemed to be so egregious or poses a danger to public
safety, the City may exercise its right to immediately suspend the Contractor as set forth in this
agreement. Failure to submit a written appeal will waive the Contractor's right to
further appeal and disciplinary action shall be imposed.
In the event the City serves the Contractor with Notice of Termination from the Contract and
the Contractor seeks an appeal, the contractor will retain its position on the rotation and
disciplinary action will be delayed pending the appeal process. In the event the CITY elects to
modify the discipline imposed on the Contractor, the Contractor agrees they shall not be entitled
to recover any costs, compensation, damages, losses, and/or expenses of any type or
description from or file a claim against the City, its officers, employees, and appointees, arising
out of or related to, in any manner, a violation alleged against, or discipline imposed upon the
Contractor.
W. SUPERVISION OF CONTRACT AND MEETINGS WITH CITY
All work shall meet with the approval of the Santa Ana Police Department. As determined
necessary by the City, there shall be a minimum of one monthly meeting with the Contractor and
the City representative during the first year to determine progress and to establish areas needing
attention. Status reports of activities performed by the Contractor will be submitted in writing to
the City on a monthly basis or as determined necessary by the City.
Any specific problem area which does not meet the conditions of the specifications set forth in
Exhibit A or the Agreement shall be called to the attention of the Contractor and if not corrected,
may result in the Contractor being found in default of this agreement which may result in
suspension from the rotation list until the issue(s) is/are correct in a manner satisfactory to the
City or termination of the Agreement.
RFP No. 21-060 Police Rotational Towing and Storage Services Page 36 of 39
EXHIBIT B
COMPENSATION
Fee Proposal including hourly rates if applicable
AUTHORIZED TOWING AND STORAGE FEE SCHEDULE*
Service
Fee
Stored Vehicle Release Fee (PD)
$83.93
Class A
$225.00
Class B or Flatbed
$275.00
Class C
$405.00
Class D
$450.00
Dolly, Go -Jacks or Linkage Fee
$60.00
Rollover or Winching Fee
$130.00
Clean-up Fee (fee to City capped at $35.00 per
occurrence)
$60.00
Hazmat Fee (per five (5) gallon bucket)
$115.00
Vehicle Storage Fees (Daily)
Class A — Outside
$70.00
Class A — Inside
$75.00
Class B — Outside
$80.00
Class B — Inside
$85.00
Class C or Class D — Outside
$84.00
Class C or Class D — Inside
$91.00
After Hours Release
50% of the authorized
towing charge
Minimum Service Call or Drop Fee
50% of the authorized
towing charge
Lien Sale
As authorized by the
California Civil and Vehicle
Codes
Mileage (per mile outside the corporate city limits)
$9.00
* Fees indicated herein will become the City's maximum authorized rates effective at the time of
contract implementation; minimum 1 hour.
Exhibit 3
SERVICE AGREEMENT
ROTATIONAL TOW PROVIDER
THIS AGREEMENT is made and entered into on this 17th day of August, 2021 by and between
B&D Towing, Inc., a California corporation, (hereinafter "Contractor"), and the City of Santa Ana,
a charter city and municipal corporation organized and existing under the Constitution and laws of
the State of California ("City").
RECITALS
A. The City desires to retain a Contractor having special skill and knowledge in the field of
providing vehicle towing and storage services.
B. Contractor represents that it is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Contractor shalt provide vehicle towing and storage service at the request of the Santa Ana
Police Department, on a rotational basis, in accordance with the terms and conditions set forth in
the Scope of Service, attached hereto as Exhibit A and incorporated by this reference. The City
intends to contract with several tow companies to provide necessary towing services on a rotational
basis, "Towing services may include, but are not limited to, towing vehicles from public or private
property at the direction of Police employees, owner's request for a tow made via the Police
Department, the storage of vehicles, the secure storage of vehicles containing evidentiary value,
debris clean—up and removal, recovery services and administrative oversight of vehicles in the
custody of the Contractor.
2. COMPENSATION
a. The parties intend that towing and storage fees will be paid by the vehicle owner at the
rates aid charges set forth in Contractor's then current and approved fee schedule,
attached as Exhibit B and incorporated by this reference.
b. When Contractor provides services chargeable to the City as set forth in Exhibit A, the
Contractor shall submit a monthly invoice by the 15th of the month to the City for any
such services rendered in the prior month, if applicable, The invoice shall include all
information enumerated in California Vehicle Code ("CVU) §22651.07(e) and include
the following information:
Page 1 of 10
#141848v2
i. Contractor's invoice number
ii. Santa Ana Police Department's case number
c. Payment by City shall be made within sixty (60) days following receipt of proper
invoice, subject to City accounting procedures. Payment need not be made for work
which fails to meet the standards of performance for professional towing services or in
accordance with the standards set forth in this agreement.
d. City imposed storage fees received by the contractor shall be remitted to the City by
the 15th of each month for any and all vehicles released during the prior month. A
vehicle release report, which reconciles the vehicles released by the contractor, will
also accompany the payment to the City. Payments shall be remitted to:
Santa Ana Police Department
Attention: Cpl. Saul Esquivel — Traffic Division
60 Civic Center Plaza
Santa Ana, CA 92702
e. Adjustments to the Towing and Storage Fee Schedule
The Police Rotational Tow Manager or his designee shall examine the towing and storage
rates authorized in accordance with this agreement on an annual basis. The Program Manager may
adjust the towing and storage rates, not to exceed two percent (2%) annually, based on the most
recent statistics, as follows: the two indices which will be used for determining adjustments to the
towing and storage fee schedule shall be the prior twelve (12) months, reporting month. December,
Consumer Price Index (CPI) for All Urban Consumers for Los Angeles -Anaheim -Riverside
Consolidated Metropolitan Statistical Area, published by the United States Department of Labor's
Bureau of Labor Statistics or any relevant successor for the Orange County area, and the twelve
(12) month December Producer Price Index for Petroleum (PPI). The adjustment formula shall be
as follows: The CPI shall be weighted at ninety (90%) percent and PPI shall be weighted at ten
(10%) percent. However, fee adjustments will only be made if justified and shall occur at the sole
discretion of the Chief of Police based on recommendations from the Police Rotational Tow
Program Manager.
3. TERM
This Agreement shall commence on September 1, 2021 and continue for a three (3) year
term until August 31, 2024, unless terminated earlier in accordance with Section 13, below.
4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an
independent Contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer -employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Contractor
performs the services which are the subject matter of this Agreement; however, the services to be
Page 2 of 10
#141898v2
provided by Contractor shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Contractor shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work snider this Contract, Contractor shall maintain and shall
require its subcontractors, if any, to obtain and maintain insurance as described below;
1. Commercial General Liability Insurance — the Contractor shall maintain
commercial general liability insurance which shall include, but not be limited to
protection against claims arising from bodily and personal injury, including death
resulting there from and damage to property, resulting from any act or occurrence
arising out of Contractor's operations in the performance of this Agreement,
including, without limitation, acts involving vehicles. The amounts of insurance
shall be not less than the following: single limit coverage applying to bodily and
personal injury, including death resulting there from, and property damage, in the
total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate.
2. Business Automobile Liability Insurance, or equivalent form, shall be maintained
by the Contractor with a combined single limit of not less than $1,000,000 per
occurrence. Such insurance shall include coverage for owned, hired and non -owned
automobiles as well as uninsured motorist coverage with a combined single limit
of not less than $1,000,000 per occurrence.
3. Worker's Compensation Insurance — in accordance with the provisions of Section
3300 of the Labor Code, Contractor is required to be insured against liability for
worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Contract, Contractor agrees to obtain and
maintain any employer's liability insurance with limits not less than $1,000,000 per
accident.
4. Garage Liability and Garage Keeper's Liability Insurance — the Contractor shall
maintain garage liability insurance to include all premises, operations and coverage
for bodily injury and property damage with a combined single limit of not less than
$1,000,000 per occurrence as well as garage keeper's liability insurance for
vehicles in the care, custody and control of the operator in the storage facility with
a single limit of not less than $100,000 per occurrence.
On -Hook Insurance — the Contractor shall maintain on -hook insurance with limits
not less than those required by the California Highway Patrol:
a. Class A tow truck - $25,000
b. Class B tow truck - $50,000
C. Class C or Class D tow truck - $100,000
Page 3 of 10
#141898v2
6, The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
a. Commercial general liability and business automobile insurance policies
shall (1) name the City, its officers, employees, agents, volunteers and
representatives as additional insured(s); (2) be primary and not contributory
with respect to insurance or self-insurance programs maintained by the City;
and (3) contain standard separation of insureds provisions. A sample
additional insured endorsement is attached hereto as Exhibit C. Contractor
shall maintain all insurance required above in full force and effect for the
entire period covered by this Agreement.
b. Certificates of insurance shall be furnished to the City upon execution of
this Contract and shall be approved in form by the City Attorney.
C. All of the Contractor's storage facilities shall be listed in the certificates of
insurance.
d. Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty
(30) days prior written notice to the City.
7. If Contractor fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has
been procured and is in force and paid for, the City shall have the right, at the City's
election, to forthwith terminate this Contract. Such termination shall not affect
Contractor's right to be paid for services satisfactorily provided in accordance with
this agreement prior to notification of termination. The Contractor waives the right
to receive compensation and agrees to indemnify the City for any work performed
prior to approval of insurance by the City.
6. HOLD HARMLESS/INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall indemnify, defend and hold
harmless City, its officers, agents and employees (collectively, the "Indemnified Parties") from
and against any and all claims (including, without limitation, claims for bodily injury, death or
damage to property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's
fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim;
collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to
any work performed or services provided under this Contract (including, without limitation,
defects in workmanship and/or materials) or Contractor's presence or activities conducted
performing the work (including the negligent and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers, contractors,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may
be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed
to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be
construed as authorizing any award of attorney's fees in any action on or to enforce the terms of
Page 4 of 10
#141898v2
this Contract. This indemnity shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Contractor.
7. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed
under this Agreement. Contractor shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Contractor under this Agreement. All such records and
invoices shall be clearly identifiable. Contractor shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours, Contractor shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Contractor under this Agreement.
8. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Contractor without reference to information disclosed by the
City.
9. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
10. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
Page S of 10
#141898v2
promotion, termination or other employment related activities or any services provided under this
Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Contractor. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which is not embodied herein.
12. ASSIGNMENT
a. Inasmuch as this Agreement is intended to secure the specialized services of
Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest
herein without the prior written consent of the City and any such assignment, transfer,
delegation or subcontract without the City's prior written consent shall be considered
null and void.
a. Unless previously approved by the City, the sale or transfer of the controlling interest
in a company shall be cause for immediate termination of this contract and the
Contractor shall be replaced on the Rotational Tow List by another company on an
existing eligibility list or during a future RFQ process.
13. TERMINATION
The City reserves the right to immediately terminate the contract, without penalty,
for cause.
b. In the event Contractor fails or refuses to timely perform any of the provisions of
this Agreement in the manner required, or if Contractor violates any provision of
this Agreement, Contractor shall be deemed in default. City shall provide written
notice of such default to Contractor's Project Manager. If possible, the Contractor
shall cure said default within a period of two (2) working days. If such cure is not
completed in a timely manner, City may terminate the Agreement forthwith by
giving written notice to Contractor' s Project Manager, The City may, in addition
to the other remedies provided in this Agreement or authorized by law, terminate
this Agreement by giving written notice of termination. Contractor shall be
responsible for all costs incurred by City, including replacement costs of equipment
and labor required to provide service during Contractor's default.
Page 6 of 10
#141898v2
C. As described in Exhibit A, concerning the investigation and disposition of
violations, the City may terminate this agreement immediately for cause if it has
been determined by the Traffic Commander, with concurrence from the Field
Operations Bureau Commander, that the Contractor has committed rule violations
associated with this agreement, or has committed violations of the law, and
termination of the contract is deemed to be the appropriate disposition.
d. This agreement may be terminated without cause by City by written notice
delivered to the Contractor either personally or by mail, thirty (30) days prior to the
end of the then current term. Upon termination, City shall pay Contractor for
services rendered as specified in the Agreement prior to the effective date of
termination.
14. CONTRACTOR OPTION FOR TERMINATION
The Contractor may request termination of the contract when conditions during the contract
make it impossible to perform or when prevented from proceeding with the contract by act of God,
by law or official action of a public authority or in the event of nonpayment by the City. Such
request will require ninety (90) days written notice prior to contract termination date requested. In
the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30)
working days to cure the alleged breach.
15. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS
Contractor shall make every effort to solicit and advertise employment opportunities to
Santa Ana residents, The City shall inform the Contractor of areas to publicize recruitment
opportunities, such as work centers and community centers. Contractor shall provide to City, a
description of efforts and procedures used to notify residents of employment opportunities as they
occur but, at a minimum, once each year prior to the City exercising its option to extend the
contract.
lb. CONTRACTOR' S PARTICIPATION AT COMMUNITY MEETINGS EVENTS
AND PUBLIC AWARENESS CAMPAIGNS
If requested by City, the Contractor shall agree to participate in community meetings,
community events and public awareness campaigns, such as National Night Out, DUI
presentations or any other neighborhood or City event. Such participation shall be upon City
request provided with reasonable notice of the event. Such events will not exceed four (4) requests
per year.
17. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
a. Contractor shall perform all requirements under this contract in strict observance of
and in compliance with all applicable environmental, traffic, safety and any other laws,
regulations, ordinances, codes and any other legislative or statutory requirements.
Page 7 of 10
#141898v2
b. Contractor warrants that the performance of services under this contract shall be
compliant with the current requirements of the Occupational Safety and Health Act
(OSHA) and as it may be amended or updated throughout the term of this contract.
18. FINES
The Contractor shall be liable for all violation fines levied against the City by any Federal,
State or local agency, including but not limited to the Air Quality Management District (AQMD),
and the Regional Water Quality Control Board, due to the action or failure to act by Contractor.
19. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
20. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
21. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
22. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
Page 8 of 10
4141898v2
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Chief of Police
City of Santa Ana
60 Civic Center Plaza
Santa Ana, California 92702
Fax: 714-245-8190
Traffic Division
City of Santa Ana
Santa .Ana Police Department
Attn: Traffic Commander
60 Civic Center Plaza
Santa Ana, CA 92702
Fax 714-245-8190
City Attorney's Office
City of Santa Ana
Attn: Police Legal Advisor
20 Civic Center Plaza
Santa Ana, CA 92702
Fax (714) 647-6515
To Contractor:
B&D Towing, Inc.
Attn: Efrain Davalos, President
1502 N. Susan St.
Santa Ana, CA 92703
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
23. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
Page 9 of 10
#141898v2
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. The Agreement is the final and complete agreement and any prior or
contemporaneous agreements for similar services between the parties is superseded
by this Agreement. This shall not apply where the Parties are currently engaged
and Contractor is providing services not contemplated by this Agreement
C. All Exhibits referenced herein and attached hereto shall be incorporated as if frilly
set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
Daisy Gomez
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: _
Tamara Bogoslan
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL:
David Valentin
Chief of Police
CITY OF SANTA ANA
Kristine Ridge
City Manager
CONTRACTOR:
Preti t V
F';�re Ill c, f 1 tl
EXHIBIT A
SCOPE OF SERVICES
(9)
CITY OF SANTA ANA
EXHIBIT A
SCOPE OF SERVICES
I. SCOPE OF SERVICES
A consultant hired pursuant to this RFP shall be responsible for Police Rotational Towing and
Storage Services with the Santa Ana Police Department, as outlined in the SAMC § 32-107. The
successful Contractor(s) must agree to perform all services as outlined herein within the corporate
city limits of the City of Santa Ana or any other jurisdiction as directed by a member of the Santa
Ana Police Department.
II. IMPLEMENTATION
A. The selected Contractor(s) will collectively assume responsibility for all towing and storage
needs, and all other related functions as described in the RFP, for the Santa Ana Police
Department on a rotational basis.
B, The Contractor shall ensure that all employees working on this project meet the minimum
personnel and training standards identified herein. In addition, the Contractor should include
a list of additional training provided to the Contractor's staff demonstrating proficiency and
excellence in the field.
C. City Staff shall have the right to modify, reduce or delete rotational tow services and remove
contract personnel with prior notice to Contractor.
The Contractor shall provide sufficient personnel and equipment, but in no case less than the
minimum required, to carry out the duties contained in this RFP within specified timelines. The
term of the contract is three (3) years with two (2) one (1) year options for renewal.
III. USE OF ROTATIONAL TOW LIST
A. CRITERIA AND RULES FOR USE BY POLICE EMPLOYEES
The City agrees to utilize the rotational tow list for all service requests initiated by members of the
Santa Ana Police Department except where provided for in this agreement. Therefore, the City
agrees to operate under the following policy guidelines unless reasonably necessary to deviate
due to exigent or unforeseen circumstances:
1. Whenever the driver or owner specifies a particular club, association or tow service to care
for his/her vehicle, the garage or tow service requested shall be called and such calls shall
not constitute a rotational tow call.
2. When a driver does not specify a particular garage or tow service, the garage or tow service
called shall be taken from the rotational list in numerical order. When more than one vehicle
is to be towed from a collision scene and the drivers do not specify a preference, the rotation
list shall be followed on the basis of one tow truck for each vehicle utilizing the numerical
rotational order. The rotation list shall be followed on a per vehicle basis rather than per
collision or call for service. When multiple Contactors are called to the same incident, the
distribution of vehicles shall be determined by the police officer at the scene.
RFP No. 21-060 Police Rotational Towing and Storage Services Page 20 of 39
(2) CITY OF SANTA ANA
3. if the eligible Contractor does not answer the telephone or acknowledge the call via a software
dispatch system, is unable to respond, unable to perform the required services, refuses to
respond or provide the requested service, or is cancelled due to an excessive response time,
that company shall be passed over and shall not be eligible until the Contractor comes up on
the rotation list again.
4. It shall be the responsibility of the Contractor to notify the Police Department if it is unable to
respond within the required time limit or with the appropriate equipment for the type of service
requested.
5. If it is determined, the Contractor is not needed and is cancelled by the Police Department or
the vehicle owner, the Contractor shall be placed back on top of the rotation list and no charge
shall result from the call.
6. The rotation list shall be used on occasions where an officer stores or impounds a vehicle and
the driver or owner is not consulted or is not present.
7. All employees of the Police Department are specifically prohibited from soliciting or
recommending any garage or tow service, either directly or indirectly. All officers are directed
to ascertain from the party in charge of the vehicle as to their preference of a towing agency.
A request of "no preference" by the person in charge will be relayed to dispatch by the officer
and will result in a call to the Contractor that is next up on the rotation list.
B. REPORTING PROCEDURES
1. All officers requesting a tow truck from the rotational list for the towing, storing or impounding
of a vehicle shall complete the Santa Ana Police Department storage/impound form when
required by Departmental policy or procedure. The form shall be signed by both the officer
and the driver of the tow truck. A copy of the Santa Ana Police Department storage/impound
form shall be given to the tow truck driver prior to the vehicle being towed from the scene.
IV. CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES
A. WORK ASSIGNMENTS AND SCHEDULE
The Contractor shall be available to provide services within the corporate limits of the City of
Santa Ana 24-hours per day, seven (7) days per week, 365 days per year. There are no
exceptions for holidays under the project. The Contractor shall also make reasonable
accommodations for its personnel to attend meetings with City staff from the Police Department,
City Attorney's Office or any other City Agency as required by the Project Manager.
B. PREVAILING WAGE
Prevailing wage will not be required for this contract.
C. WORKING HOURS AND RESPONSE TIMES
1. All services under this contact shall be available 24-hours per day, seven (7) days per week,
365-days per year without exception.
2. The owner, principal or business manager of the proposing Contractor shall have a minimum
of five (5) years of verifiable experience in the towing for -hire industry. Prior experience
RFP No. 21-060 Police Rotational Towing and Storage Services Page 21 of 39
CITY OF SANTA ANA
performing towing services for a law enforcement agency are highly desirable but not required.
If the owner, principal or business manager possessing this requisite experience is no longer
employed by the Contractor at any time during the course of the contract, the Contractor shall
immediately report such change in condition to the City's Project Manager and participation
on the rotation list shall be suspended until a new owner, principal or business manager is
identified and approved.
3. The Contractor shall be required to have a dispatcher on -duty 24-hours per day with the
capability to communicate instantly with all trucks and/or drivers assigned to this project.
4. All requests for tow services shall be acknowledged or refused within three (3) minutes by the
Contractor's dispatcher and response to the scene shall occur within 20 minutes from the time
the Contractor is notified by the Police Department's Communications Division.
a. The 20-minute response time applies only to tow requests requiring a Class A tow
truck.
b. The Contractor shall be required to comply with this requirement by providing
appropriate staffing levels and, if necessary, strategically staging personnel during
peak traffic times to allow drivers sufficient time to arrive while complying with all traffic
laws and regulations in their response to service requests,
c. For any request requiring a Class B, C or Class D tow truck, the Contractor shall have
the necessary equipment on scene within 45 minutes of notification by the Police
Department's Communications Division if a Department employee identifies the need
for such equipment or when determined by the Contractor's employee after
responding to the scene and assessing the situation.
5. The Contractor shall be required to have a minimum of one (1) driver on duty 24-hours per
day, seven (7) days per week. In addition, the Contractor shall have at least one (1) other
driver on -call or stand-by.
6. The Contractor will also be required to maintain office hours between 8:00 am and 5:00 pm,
seven (7) days a week, 365 days per year so vehicle owners can retrieve stored or impounded
vehicles. An applicable gate fee may apply for vehicle releases after normal business hours.
D. CONTRACTOR AND PROJECT MANAGEMENT REQUIREMENTS
1. The Contractor shall furnish all personnel necessary to fulfill the obligations of this RFP.
A list identifying the names of all personnel assigned to work on this project on behalf of the
Contractor shall be provided to the City's Project Manager or designee. This information shall
include the name, date of birth, driver's license number, social security number, business and
residence addresses, the Contractor's Project Manager and secondary supervisor, and all tow
truck operators working pursuant to this agreement.
3. The Contractor shall identify the person assigned as the Contractor's Project Manager for this
project. That person shall be available to the City during normal business hours and will be the
primary contact between the City and the Contractor on matters relating to the enforcement
services provided through this RFP. This person shall have substantial expertise and experience
in tow and recovery operations as well as business operations for the company.
RFP No. 21-060 Police Rotational Towing and Storage Services Page 22 of 39
9)(
CITY OF SANTA ANA
4. The Contractor's Project Manager shall be the primary daily operations contact to the City and as
such, shall do the following:
a. Respond to complaints from the Police Department, customers or the community. A copy
of any complaints lodged directly with the Contractor regarding services provided under
this contract shall be provided to the City's Project Manager or designee immediately as
well as the steps being taking to resolve the complaint and the date a resolution can be
expected. A copy of the final disposition shall also be provided to the Project Manager or
designee within 15-days unless an extension has been granted in writing prior by the
Project Manager.
b. Contact the City's designee at least once per month to discuss and clarify operational
assignments and expectations;
c. Ensure that the Contractor's personnel perform the duties as required by the RFP; and
d. Prepare and submit monthly reports as required.
S. The Contractor shall be required to designate a second person that may be contacted in the
absence of the Contractor's Project Manager. This person shall also have authority over the
Contractor's personnel and shall be a member of the Contractor's staff with authority to represent
the Contractor on policy matters.
E. CONTRACTOR'S PERSONNEL_ REQUIREMENTS
1. Each of the Contractor's employees performing work pursuant to this RFP shall:
a. Be approved by the Project Manager or designee to perform work on behalf of the City.
b. Have ability to read, write legibly, speak and comprehend the English language - Bilingual
fluency in Spanish or other language approved on the City's bilingual list is preferred.
c. Be a minimum of 18 years of age;
d. All tow truck drivers employed by the Contractor and used for this project must be
competent and proficient in all aspects of their duties related to tow and recovery
services. This requirement shall provide that any tow driver responding to a scene will
be capable of safely towing and/or recovering a vehicle under most circumstances
without delay.
e. All tow truck drivers employed by the Contractor shall complete an approved tow truck driver
training program approved by the California Highway Patrol (CHP) pursuant to their Tow
Service Agreement Advisory Committee (TSAAC) prior to performing any work related to this
project. Upon selection, proof of successful course completion, the name of the provider and
the curriculum taught shall be provided to the Project Manager or designee prior to any driver
performing any work on behalf of the City. A list of the 2019-2020 TSACCA training providers
may be found in Exhibit 5 of this agreement or in the CHP's 2019-2020 Tow Service
Agreement availalble at
htt s://www.ch .ca. ov/ResearchAndPlannin SectionSite/Documents/2019-2020 TSA. df
2. Pass a background and fingerprint check that shall include a review of the employee's criminal
history that would pose a liability for the City including crimes of violence, moral turpitude,
theft or unsafe driving practices.
3. The Contractor and all tow truck drivers shall be required to participate in a controlled
substance and alcohol testing (CSAT) program and provide proof of enrollment.
RFP No. 21-060 Police Rotational Towing and Storage Services Page 23 of 39
(9)
CITY OF SANTA ANA
a. Drivers requiring a Class A, Class B or commercial Class C (endorsed for hazardous
materials transportation) shall participate in a CSAT program as defined in the Code of
Federal Regulations, Title 49, Parts 40 and 382.
b. Drivers not required to possess a Class A, Class B or commercial Class C license shall
also be enrolled in a CSAT program substantially similar to the requirements outlined
above.
c. The Contractor shall ensure selection pools for commercial and non-commercial licensed
drivers are maintained separately.
d. A driver possessing a non-commercial driver's license who returns with a positive test
result shall meet the same reinstatement requirements as a driver required to possess a
commercial driver's license.
4. All employees assigned by the Contractor shall have a valid California driver's license and
remain in good standing with the California Department of Motor Vehicles.
a. Tow truck drivers must possess the proper license class, including endorsements, for
any tow truck or combination of tow truck and vehicle they operate in the performance of
their duties pursuant to this contract. Tow truck drivers shall remain certified and in
compliance with CVC § 12520 at all times.
b. The Contractor and all tow truck drivers shall be enrolled in the Employer Pull Notice
(EPN) program.
i. The Contractor shall provide a current list of drivers and a copy of the EPN report.
ii. Newly hired tow truck drivers shall be enrolled in the EPN program and proof
provided to the Santa Ana Police Department within 30 days of the employee's hire
date.
5. Only employees of the Contractor necessary to complete an assignment shall respond to the
scene of a request for service (no spouse, children, animals, etc.).
6. Tow truck drivers shall perform all towing and recovery operations in the safest and most
expedient manner possible.
7. Under no circumstances shall a Contractor's employee carry or be armed with any type of
weapon whatsoever while providing service pursuant to this RFP.
8. The Contractor shall provide and pay for all uniforms for contract personnel assigned to work
in the field.
Uniform specifications shall include the name of the company and the employee's name
affixed to the employee's shirt.
The City's Project Manager or designee shall review and approve all uniforms. Uniforms
shall fit properly without excessive wear. The uniform must be clean, free of any offensive
odors and present a neat appearance.
All tow truck drivers shall wear appropriate safety garments (e.g. vests, jackets, shirts,
retroreflective clothing) in accordance with California Code of Regulations, Title 8, § 1598.
If the tow truck driver is working on a Federal -aid highway, the operator shall comply with
the guidelines contained in the Federal Code of Regulations, Title 23, Highways, Chapter
1, Federal Highway Administration, Department of Transportation, Part 634, Worker
Visibility, which requires high -visibility personal protective safety clothing to be worn that
meets the Performance 2 or 3 requirements of the ANSI/ISEA 107-2004.
9. The City's Project Manager or designee shall conduct the final review of all contract
RFP No. 21-060 Police Rotational Towing and Storage Services Page 24 of 39
CITY OF SANTA ANA
employees prior to being assigned to perform services related to this project on behalf of the
City of Santa Ana. The Chief of Police or his designee has the ultimate authority and discretion
regarding personnel working under this contract. The Chief of Police or his designee may
remove contract personnel, upon telephone notification to the Contractor.
F. REQUIRED TOW VEHICLES AND EQUIPMENT
1. At a minimum, the Contractor shall possess, maintain and be the listed registered owner of
the following classes of tow vehicles (meeting requirements as defined in the most current
version of CHP 234E — Tow Truck Inspection Guide):
a, Four (4) Class A tow trucks designed for light duty towing operations.
b. One (1) Class B tow truck designed for medium duty towing operations.
c. One (1) Class C tow truck designed for heavy duty towing operations.
d. One (1) Class D tow truck designed for heavy duty towing operations.
2. The Contractor shall provide a listing of all towing vehicles or any substitute vehicle that may
be used pursuant to this agreement. Such list must provide the following information:
a. Make, model, and year.
b. Tow truck classification (e.g. Class A).
c. Vehicle and engine identification numbers.
d. Company identification number.
e. California license number.
f. Company vehicle color(s).
3. The company name, business address, telephone number and tow truck identification
number shall be permanently and properly affixed to each vehicle in a manner prescribed
pursuant to CVC § 27907.
4. There shall be no words or language affixed to the vehicle associating the Contractor or the
vehicle with the Santa Ana Police Department (e.g. "official police tow") without the prior
written approval of the City's Project Manager.
5. At no time shall the Contractor exceed the gross vehicle weight rating (GVWR) and/or safe
loading requirements of the tow truck, including, but not limited to, exceeding the tow
trucks GVWR, front axle weight rating, rear axle weight rating, maximum tire weight
ratings, or failure to maintain 50 percent of the tow truck's unladen weight on the front axle
when lifting or carrying a load.
6. The authorized Towing and Storage Fee Schedule shall be posted in public view in all tow
trucks.
7. Intentionally omitted
8. All of the vehicles identified above and used in accordance with this agreement shall be
equipped with the minimum equipment required to perform towing operations as well as the
equipment pursuant to CVC § 27700 and the "Service and Other Equipment" section of the
CHP 234B (Tow Truck Inspection Guide) form. The Contractor may also be required to carry
any other safety devices reasonably required by the City.
RFP No. 21-060 Police Rotational Towing and Storage Services Page 25 of 39
(9)
CITY OF SANTA ANA
The contractor shall maintain all vehicles and equipment in good repair for use by the
Contractor's employees assigned to perform services pursuant to this agreement. The
Contractor shall be responsible for, and pay for all operating expenses, equipment,
maintenance and insurance for vehicles assigned to perform work related to this
agreement. All tow trucks shall be equipped and maintained in accordance with applicable
sections from the California Vehicle Code, Title 13 of the California Code of Regulations,
the requirements of this RFP and industry standards.
10. All vehicles shall be kept clean, be free of offensive odors and maintain a professional
appearance.
11. All tow trucks shall be inspected annually by the California Highway Patrol and maintain a
current Commercial Vehicle Safety Alliance (CVSA) decal. The Contractor shall provide
current copies of CHP 2346 (Tow Truck Inspection Guide) and CHIP 407F (Safetynet
DriverNehicle Inspection Report) for each vehicle to the City's Project Manager or
designee.
12. The Contractor agrees that the Santa Ana Police Department may inspect any vehicle,
without prior notice, at any time during normal business hours.
13, The Contractor shall provide instant communication access via cellular phone or radio to
all personnel while performing their duties.
G. GLOBAL POSITIONING SYSTEM (GPS)
It is highly desirable for the Contractor to provide GPS capabilities in all of their tow trucks. If
offered for consideration in the Contractor's Response, the City and Contractor shall be able to
view this information via computer in real time and the Contractor shall provide GPS reports at
the request of the City.
H. CONTRACTOR'S BUSINESS OFFICE REQUIREMENTS
1. The Contractor shall maintain an office and storage facility within the corporate limits of the
City of Santa Ana and remain in compliance with any requirements imposed by the Police
Department, the Planning Division or any other Department, Agency or Agent of the City of
Santa Ana in accordance with federal regulations, state law, the Santa Ana Municipal Code
and this agreement.
2. It is preferable that the office and storage facility be at the same location to minimize the
impact on the community. However, should additional locations exist, the Contractor agrees
to conduct all business from the primary facility and any costs associated with operating a
secondary location and/or moving vehicles to or from that secondary location shall not be
passed along to any customer covered under this agreement.
3. The primary facility shall have a sign clearly visible to the public that identifies the location as
a towing service.
4. The business hours shall be clearly posted.
The office shall be sufficiently staffed to allow customers to speak with a company
representative during normal business hours without unnecessary delay.
6. Current and approved rates pursuant to the Towing and Storage Fee Schedule shall be posted
RFP No. 21-060
Police Rotational Towing and Storage Services Page 26 of 39
(9)
CITY OF SANTA ANA
in public view in the Contractor's office and/or storage facility in compliance with California
Civil Code § 3070 and CVC § 22651.07.
7. The Contractor shall comply with the provisions of CVC § 22651.1.
8. The Contractor shall maintain records of all tow services furnished by the Contractor at the
primary office location.
a. Invoices shall contain the required itemized information pursuant to CVC 22651.07(e).
b. Itemized invoices shall contain a distinct notice upon the invoice stating, "Upon request,
you are entitled to receive a copy of the "Towing Fees and Access Notice." This notice
shall be contained within a bordered text box, printed in no less than 10-point type
pursuant to CVC 22651.07(a)(1)(B)(3).
9. The operator's primary business office shall also maintain business records relating to
personnel, insurance, personnel taxes, payroll, applicable operating authorities, local
operating authorities, lien sale actions, driver's record of duty status (intrastate and/or
interstate), and Federal Communication Commission licensing (if applicable).
10. The Contractor agrees that a representative from the Santa Ana Police Department may
inspect all business records, facilities and vehicles without notice during normal business
hours.
11. The Contractor shall permit the Santa Ana Police Department to make copies of business
records at their place of business or remove business records for the purpose of reproduction.
12. Lien fees, or any fees related to the preparation of a lien, shall not exceed the amounts
allowable in the Towing and Storage Fee Schedule, attached hereto as Exhibit 4, and in
compliance with all relevant provision of the California Vehicle Code and California Civil Code.
STORAGE FACILITY AND VEHICLE STORAGE REQUIREMENTS
It is preferable that the storage facility is located at the same location as the primary business
office. However, if located at a different location than the main office, the storage facility must
be within the corporate limits of the City of Santa Ana and have an on -site release office at all
storage iots. Persons seeking to take possession of their vehicle or property shall not be
required to travel to more than one location to recover their vehicle from the Contractor's
custody.
2. The storage facility and all vehicles towed at the direction of the City shall be made available
to police personnel 24-hours per day, 7-days per week.
3. The entire storage lot must be sufficiently well lit to deter theft. Other theft deterrent devices
(e.g, cameras, alarms, on -site personnel, etc.) are highly desirable.
4. The storage lot must be completely secured by a wall or fencing and a gate that is able to be
locked to maintain security for stored and impounded vehicles. The minimum height
requirement for the fence and gate shall be six (6) feet.
5. The storage lot shall be large enough to hold a minimum of 100 vehicles at any given location.
This requirement is the minimum area reserved for Santa Ana vehicles and additional space
is highly desirable. All vehicles towed by the City shall be stored within the corporate city
limits and the vehicle or any of its contents shall be made available for release within the
RFP No. 29-060 Police Rotational Towing and Storage Services Page 27 of 39
CITY OF SANTA ANA
corporate city limits. If multiple storage facilities are maintained, the Contractor shall only use
the secondary lot when the primary lot is full and shall not charge for transportation beyond
that of the main storage facility.
6. The Contractor shall also provide an inside storage facility, which must consist of four walls
with a solid roof and a door equipped with a locking device. Additional security features are
highly desirable. This facility shall be sufficient to reasonably protect vehicles from theft,
tampering, weather, environmental conditions or any other circumstances that could cause
the removal or contamination of evidence. Access to this area by employees or other
individuals shall also be restricted. This facility shall be capable of storing a minimum of four
(4) mid -sized vehicles for the City of Santa Ana and sufficient space to conduct forensic
analysis of the vehicle on -site if necessary.
7. Vehicles impounded pursuant to CVC § 10751 shall be placed in an area of the storage facility
that will provide sufficient space and privacy, allowing auto theft investigators to perform a
vehicle inspection without delay. This requirement shall be required for the first ten (10) days
of impound.
8. Vehicles will not be released, sold or dismantled until a signed release form has been obtained
from the Santa Ana Police Department. The signed release form will be kept by the towing
company as proof of authority for the release.
9. Release forms are required for impounded vehicles and vehicles with a "hold" placed on them
by police department personnel. The release form will indicate they are from the Santa Ana
Police Department and shall only be signed by authorized members of the Police Department.
a. Stolen vehicles recovered by the Police Department will be released to the victim/owner by
the Contractor with proof of ownership. Unless specifically noted, no release will be
required from the Police Department.
b. Stolen vehicles recovered by the Police Department requiring further investigation as
determined by the handling officer will be impounded pursuant to CVC § 22655.5, thereby
placing a hold on the vehicle. The impound box will be marked along with an explanation
in the narrative. These vehicles will not be released until the victim/owner obtains a release
from the Police Department.
c. If the owner of the vehicle is unable to prove ownership to the tow agency, they will be
referred to the Santa Ana Police Department and a release will be issued once ownership
is established.
d. If a registered owner is unable to retrieve their vehicle from storage, a vehicle authorization
form shall be provided by the Contractor to the person authorized to pick-up the vehicle.
The authorized recipient, on behalf of the registered owner, will be required to provide
identification for the Contractor to photocopy (front/back).
10. When a vehicle is impounded, the towing company will place the word "hold" or other similar
notation on the windshield of the vehicle. This is to minimize unauthorized contact with the
vehicle and to provide control measures to prevent the inadvertent release.
a. The responsibility for determining and placing the word "hold" or other similar notation on
the windshield of the vehicle will be the responsibility of the Contractor at the time of vehicle
possession. The Contractor's employee signature on the storage/impound report will
acknowledge an understanding of the type of report completed by the officer and any
necessary holds. The Contractor should clarify any misunderstandings or omissions on
the report at this time.
RFP No. 21-060 Police Rotational Towing and Storage Services Page 28 of 39
(9)
CITY OF SANTA ANA
11. Vehicles towed or stored with an "evidence hold" shall not be touched, moved or tampered
with in any manner without the written consent of the City's Project Manager or designee.
12. The Contractor agrees to tow and store vehicles taken pursuant to an "evidence hold" as
defined in CVC §§ 22655.5 or 22655(a) without charge to the City and agrees to release the
vehicle to the owner at the City's request. The initial towing fee shall be billed to the owner of
the vehicle. Unless waived in whole or in part by the City's Project Manager, the tow company
may pursue collections from the registered owner for the initial towing fees. Furthermore, the
Contractor may attempt to collect these fees, or make arrangements to collect these fees, at
the time of release but shall not hold the vehicle in lieu of payment unless specifically
authorized by the City's Project Manager or designee.
13. In any case where the Police Department inadvertently and/or erroneously causes the
impound or storage of a vehicle, or fails to properly notify the owner in a timely manner, the
Contractor agrees to release the vehicle at the request of the City's Project Manager or
designee and waive all fees or charges associated with the tow.
14. Any personal property released from a vehicle shall occur at the business office or primary
storage facility and shall require authorization from the Police Department. All property shall
be released pursuant to CVC § 22851(b) and CVC § 22651,07. Personal property includes
any property not affixed to the vehicle (e.g. clothes, cell phones, papers, pull-out 1 detachable
face radios, etc.)
J. CUSTOMER SERVICE
Contractor shall provide service which is accessible, courteous, responsive, timely, equitable and
given in the spirit of professionalism and mutual respect. Contractor's personnel are a reflection
of the City of Santa Ana and, as such, are expected to:
Interact with customers and City officials, whether in person or on the phone, in a pleasant,
respectful and professional manner.
2. Give full attention to each customer's needs by asking questions. Provide information,
products and service in an accurate, organized and complete manner. Determine that the
customer's request has been fulfilled.
3. Maintain a professional demeanor at all times that is free from rude, discourteous or harassing
behavior.
4. Comply with all federal, state, county, and city laws and regulations.
5. Use adequate equipment that is kept clean and neat at all times.
6. Train other Contractor employees to be polite and courteous during public contact.
7. Employ truth and accuracy in reporting customer service records.
RFP No. 21-060 Police Rotational Towing and Storage Services Page 29 of 39
(9)
K. RATES AND FEES
CITY OF SANTA ANA
Notwithstanding other provisions of this agreement related to rates and fees, the Contractor
agrees to comply with the following provisions as they relate to rates and fees charged in
accordance with this agreement:
1. For services provided pursuant to this Agreement, the Contractor shall collect towing, storage and
other service fees from the vehicle owner at the time of release. Said fees shall comply with the
Santa Ana Police Department's Towing and Storage Fee Schedule, attached hereto as Exhibit 4,
and incorporated by this reference.
2. The Contractor acknowledges that the fee schedule is intended to list the maximum amounts for
services rendered but nothing in this Agreement shall preclude the Contractor from charging less
than the maximum fee allowed.
3. Nothing shall prohibit a Contractor from sending a Class B, C or D tow truck to a call requiring a
lighter class tow truck to perform requested services. However, the Contactor acknowledges that
fees may only be charged for the class necessary to perform the requested services and not
necessarily for the class of tow truck dispatched to the call.
4. No fees may be charged for personnel, equipment or services reasonably necessary to perform
the required service.
5. No lien shall be placed on the vehicle for services performed or initiated, and subsequently
cancelled on -scene by the Santa Ana Police Department, unless the Contractor has presented a
written statement to the vehicle's registered owner or agent forthe signed authorization of services
to be performed pursuant to Civil Code § 3068(a).
a. The Contractor shall not attempt to take possession of a vehicle in order to establish a lien for
any services performed or initiated and subsequently cancelled.
b. The Contractor shall not bill the City of Santa Ana or Santa Ana Police Department for any
services performed or initiated, and subsequently cancelled by the department. However, in
such cases, the incident shall not be considered a rotational call and the Contractor shall be
returned to the top of the rotation list.
6. The Towing and Storage Fee Schedule shall be posted in the business offices, storage facilities
and tow trucks pursuant to CVC § 22651.07.
7. Rate adjustments may be considered based on the criteria in Section VI of the Scope of Services,
Subsection B, 4, located below.
8. Contractor's failure to comply with the Towing and Storage Fee Schedule shall be subject to
disciplinary action.
9. The Contractor shall not seek payment from the City of Santa Ana for services provided pursuant
to this Agreement. However, the City shall be responsible for the following charges ordered by
the City pursuant to this Agreement:
a. Collision cleanup pursuant to Section IV, Subsection N, below;
b. Other services authorized by the City's Project Manager prior to the performance of said
duties.
RFP No. 21-060 Police Rotational Towing and Storage Services Page 30 of 39
(9)
CITY OF SANTA ANA
L. MISCELLANEOUS PROVISIONS
1. The Contractor shall have a Carrier Identification and a valid Motor Carrier Property (MCP)
permit, which shall be provided to the City's Project Manager or designee. The expiration or
suspension of the MCP shall result in immediate suspension from the rotation list as well as
possible disciplinary action.
2. There may be times when the Contractor comes across a vehicle blocking the roadway although
not assigned to the call or next on the rotation list. At the discretion of the officer at the scene, the
Contractor may be directed to assist in moving the vehicle to the side of the roadway only. This
service shall be provided without cost to the City or vehicle owner, and shall not affect the
Contractor's position on the rotation list.
3. The Contractor shall be held accountable for all vehicles, personal property and vehicle
accessories once the vehicle is in the possession of the driver and/or stored at their facility. The
Contractor agrees to relieve the City, its officers, agents and employees of all responsibility once
the vehicle is in the custody of the Contractor.
4. There shall be no photography or video recording at the scene of a tow or collision by the
Contractor or any employee unless directly related to the towing operation. Photographs or video
recordings shall only be directed at vehicles or the area immediately surrounding the vehicle but
in no case shall capture any image of a person(s) injured or killed at the scene.
5. The Contractor, nor any employee of the Contractor, shall accept from any person or offer a
gratuity to any member of the City in violation of CVC § 12110(a) and the City's gift ban ordinance.
6. The Contractor shall remain in compliance with CVC § 10652 as required.
7. Due to the negative perception of Private Party Impounds (PPI's) and the nexus to predatory
towing practices, whether actual or perceived, the City of Santa Ana and the Santa Ana Police
Department have an interest in ensuring any Contractor working on its behalf is not associated
with these practices. In addition, tow companies that engage in PPI's are subjected to complaints
and investigations on a more frequent basis than those that do not participate in this facet of the
towing business. Therefore, the City strongly discourages any Contractor assigned to the
rotational tow list from engaging in PPI's within the corporate limits of the City of Santa Ana.
Subject to the investigative process outlined in the RFP, any company found to be in violation of
PPI regulations including, but not limited to, applicable sections of CVC § 22658 or any other laws
or regulations associated with PPI's shall be subject to suspension or immediate removal from
the rotation list for sustained complaints or convictions for violations of the law.
M. UTILIZATION OF DISPATCH AND TRACKING SOLUTIONS SOFTWARE
The City uses Dispatch & Tracking Solutions (DTS) software for its rotational towing
administration. The Contractor shall agree to utilize the most recent, updated, upgraded Dispatch
& Tracking Solutions software program (DTS), or any other software solution selected by the City,
to dispatch and track tow activity via a web -based Internet connection. All tow requests originating
from the Santa Ana Police Department may be made utilizing this program. The Contractor's
failure to have the DTS program in full operation and to acknowledge tow requests in a timely
manner pursuant to this RFP shall result in a finding of default and shall result in immediate
suspension from the tow rotation list. Failure to remedy the problem as set forth in Section VI,
RFP No. 21-060 Police Rotational Towing and Storage Services Page 31 of 39
(9)
CITY OF SANTA ANA
Subsection G shall be grounds for the termination of the agreement between the City and the
Contractor.
The Contractor must be willing to must enter into a separate agreement, contract, or license for
DTS software, or any other software solution implemented by the City, with the owner of that
proprietary software. The City shall not provide the software program, any licensing or sub -
licensing thereof or any intermediary services for the procurement by the Contractor of the
software program. This Contract shall not be executed by the City until the Contractor has
demonstrated to the City's Project Manager or designee satisfactory compliance with the
requirements set forth herein. The Contractor shall be liable for all fees, charges, rates and
service charges required for the procurement and use of DTS software or any similar software
solution.
If the City should elect to use a different program than DTS at some point in the future, the
Contractor agrees to comply with the above requirements as it relates to the new software solution
after provided reasonable notice by the City and sufficient opportunity to procure said software
program.
N. RESPONSIBILITIES WHEN RESPONDING TO CALLS FOR SERVICES
1. When the Contractor is called to the scene of a vehicle tow or a collision scene, the
Contractor's employee will clean-up all debris at the scene in accordance with CVC § 27700
without charge to the City.
a. If this service does not result in a vehicle tow, it shall not be considered a rotational call
and the tow company shall be placed back on the top of the rotational tow list.
b. Police employees should not call a rotational tow to the scene of a collision for the sole
purpose of cleaning up debris. However, should this occur or become necessary, the
Contractor may bill the City for the cost of the response in accordance with the City's
Towing and Storage Fee Schedule.
O. PERFORMANCE DURING INCLEMENT WEATHER OR DISASTERS
1. The Contractor acknowledges that the services provided under this contract are integral to
the operations of the City of Santa Ana and the Santa Ana Police Department. Therefore,
the Contractor agrees to perform the duties of this contract regardless of weather or other
adverse conditions including, but not limited to, any disasters whether man-made or acts of
God.
2. During periods of inclement weather or disaster, the Contractor shall agree to adjust staffing
levels to meet the increased demands for service during these times.
3. Should the Contractor be unable to fulfill their responsibilities under the conditions described
in this section, the Contractor shall be responsible for any and all costs incurred by the City
should the need to hire outside contractors become necessary to meet the needs of the
Police Department due to the Contractor's default.
P. PROTECTION OF THE PUBLIC AND DAMAGES TO EXISTING STRUCTURES
RFP No. 21-060 Police Rotational Towing and Storage Services Page 32 of 39
�'�r�� CITY OF SANTA ANA
1. The Contractor shall exercise due care and caution at all times for the protection of all persons
and property. All fines, penalties and/or repair charges resulting from the Contractor's actions
shall be the sole responsibility of the Contractor.
2. Understanding that the Contractor will respond to calls involving traffic collisions or traffic hazards,
and pursuant to CVC § 22513, the Contractor shall only place or use equipment to block vehicle
traffic lanes or render assistance to a motorist while exercising due care for the safety of the tow
truck driver, the motorist and the motoring public. Tow truck drivers should be trained in scene
management in accordance with this section. The Contractor shall ensure that all appropriate
traffic safety warning devices are utilized as deemed necessary.
3. Contractors will be required to respond to calls where vehicles have collided with other objects
and may have already caused damage to varying degrees. The methods proposed by the
Contractor for towing and recovery services shall be reasonable and consistent with industry
standards, best practices, and in a manner that shall not cause unnecessary additional harm,
deface or damage any City or private property. In the event that damage to the City's right-of-way
or private property has occurred due to the negligence of the Contractor, the Contractor shall be
solely responsible for its repair or replacement in excess of the amount covered by the required
insurance.
Q. SPECIFICATIONS
This Scope of Services is intended to cover all labor, material and standards of workmanship to
be employed for in this work plan or reasonably implied by terms of same. Work or materials of
a minor nature which may not be specifically mentioned, but which may be reasonably assumed
as necessary for the completion of this work, shall be performed by the Contractor as if
described in the specifications.
R. RECORDS
1. The Contractor shall keep accurate records concerning all vehicle tows, vehicle storages and
vehicle releases or disposition.
2. In addition, the Contractor shall maintain accurate records of his/her employees or agents and
provide the City with names and telephone numbers of emergency contact employees.
3. The Contractor shall complete a report each calendar month indicating the number of calls for
service, the number of vehicles towed, the number of vehicles in storage (regular and secure)
and their current status, vehicles released, vehicles sent to lien sale, the status of any other
vehicles or services rendered by the Contractor on behalf of the City, GPS information (if
requested by the City) or any other information as may be required by the City's Project
Manager or designee.
4. A phone log will be submitted monthly of all calls from the Santa Ana Police Department to
the Contractor, identifying whether or not those calls required a request for service, and a
description of the action taken as a result of the call.
5, The Contractor shall provide monthly customer service phone logs from the public, indicating
name, date, time and phone number of caller, reason for the call, any specific requests, the
Contractor's response or action, and the amount of time required to address request. Such
logs shall be accurate and truthful.
RFP No. 21-060 Police Rotational Towing and Storage Services Page 33 of 39
(2) CITY OF SANTA ANA
6. The Contractor shall permit the City to inspect and audit its books and records regarding City
provided services at any reasonable time.
S. AUDITS AND INSPECTIONS
The Chief of Police or his designee shall conduct regular audits and inspections of the Contractor(s)
assigned to this project to ensure they are fulfilling their responsibilities in accordance with the terms
and conditions of this agreement. All work found during such audits or inspections to be substandard
or failing to conform to the requirements of this agreement shall be corrected immediately by the
Contractor and the City shall have the right to immediately suspend the Contractor from the rotation
list until the issue(s) is/are corrected. Failure to correct, as set forth in Section 13, Subsection b, of the
Agreement may result in termination of the contract.
T. INVESTIGATION OF ALLEGED VIOLATIONS, RULES, OR TERMS AND CONDITIONS
OF AGREEMENT
Whenever an alleged violation is lodged against a Contractor or initiated by the Police
Department, the Traffic Commander shall assign a supervisor from the Traffic Division to
investigate any allegations. A fair, impartial and comprehensive investigation shall be conducted
and the findings documented for review. To the extent required by law, the Contractor shall
cooperate fully in the investigation and provide any documentation requested by the investigator
to assist in making a finding. In addition, the Contractor shall be given the opportunity, either
orally or in writing, to respond to the complaint at the point deemed appropriate by the investigator.
The City expects that the Contractor will demonstrate professional business practices and truth
in reporting as it relates to any records or information requested.
Violations shall include, but not be limited to, situations such as poor customer service, failure
to comply with non -safety related terms of the agreement, or minor equipment or facility
deficiencies, situations involving honesty, integrity, safety, security, gross overcharging of a
customer or a pattern of overcharging, failure to comply with the provisions of CVC § 22658
as it relates to PPI's, criminal violations involving such crimes as DUI, drug related offenses,
theft, or any other crimes involving moral turpitude, or significant, repeated or flagrant violations
of this agreement.
If it is determined that criminal charges are appropriate, the assigned investigator shall document
the incident on a crime report and present the case to the appropriate prosecuting authority for
review.
Based on the nature and seriousness of the misconduct being investigated, the Chief of Police
may temporarily suspend the Contractor, or its agent individually, from the rotation list until the
investigation is completed and a proper disposition is reached.
The standard for sustaining a violation made against the Contractor or the Contractor's agent
shall be a preponderance of the evidence, regardless of the nature of the violation. Other
investigative findings may include unfounded (false or factually incorrect), exonerated (action
occurred but was lawful or within the terms of this agreement) or not sustained (inconclusive
due to insufficient evidence or independent witnesses).
All alleged violations shall be forwarded to the Traffic Commander for review. Upon
a determination of a sustained violation, a recommendation for discipline shall be made, if
appropriate.
RFP No. 21-060 Police Rotational Towing and Storage Services Page 34 of 39
(a
CITY OF SANTA ANA
U. DISCIPLINARY ACTION
The Contractor agrees that failure by the Contractor, or its agent, to comply with the law or terms
and conditions of this agreement shall be cause for disciplinary action. However, nothing in this
agreement shall preclude the City from taking appropriate enforcement action for violations of
the law. Within 60 days of receipt of an alleged violation, the Traffic Commander shall review
the findings of the investigation and recommend disciplinary action, if appropriate. The Traffic
Commander shall take into account the nature of the alleged violation, the findings of the
investigation, past violations made against the Contractor, and/or sustained against the
Contractor, and past practice of the Department to maintain equitable treatment of all
Contractors assigned to the rotational tow list. Depending on the nature and complexity of the
sustained violation, the Traffic Commander may allow the Contractor or designee to provide
a brief written statement for consideration and/or may contact Contractor to ask additional
questions.
Disciplinary action shall typically be progressive in nature and based on the Contractor's record
during the previous 5 years from the date of the sustained violation. Therefore, multiple
violations for similar offenses, regardless of their severity, will result in increased disciplinary
action. However, this does not preclude the Traffic Commander from recommending more
serious disciplinary actions where violations have been committed or there are aggravating
factors associated with the misconduct.
The following actions may be recommended:
1. No further action.
2. Issue a written warning.
3. Impose a suspension for violations (1 to 30-days).
4. Impose a suspension for significant, flagrant, repeated, or multiple violations (30 to 90-days).
5. Termination of the contract for cause and immediate removal from the rotation list.
The Contractor shall be notified in writing of the City's intent to impose disciplinary action. The
Traffic Commander shall have the authority to impose discipline up to and including the imposition
of a suspension for violations as long as the suspension does not exceed 30-days in length.
However, nothing in this article shall preclude the Traffic Commander from reducing
the recommended discipline based on mitigating factors. Recommended suspensions
exceeding 30-days in length or termination from the rotation list shall be approved by the
Field Operations Bureau Commander prior to imposition.
The Traffic Commander may recommend to the Chief of Police the immediate termination of
this agreement if the conduct of the Contractor, or its agents, are determined to pose a
danger to the public, have an excessive number of violations that tax the investigative
resources of the Police Department, or the Contractor's actions reflect negatively upon the City.
V. RIGHT TO APPEAL
Upon receipt of a notice to impose disciplinary action, the Contractor shall have the right to submit
a written appeal within ten (10) business days to the Field Operations Bureau Commander.
Upon receipt of the written appeal, the Field Operations Bureau Commander shall issue
their findings in writing within ten (10) business days. Upon receipt of the Field Operations
Bureau Commander's finding(s), if the Contractor disagrees with the findings, the Contractor's
final remedy is submitting a written final appeal to the Chief of Police with a copy to the Traffic
RFP No. 21-060 Police Rotational Towing and Storage Services Page 35 of 39
(9) CITY OF SANTA ANA
Commander. Upon receipt of the Contractor's final written appeal, the Chief of Police shall issue
a written decision within (10) business days. The decision of the Chief of Police shall be final.
Disciplinary action shall not be imposed until the appeal process has been exhausted. However, if
the conduct of the Contractor is deemed to be so egregious or poses a danger to public
safety, the City may exercise its right to immediately suspend the Contractor as set forth in this
agreement. Failure to submit a written appeal will waive the Contractor's right to
further appeal and disciplinary action shall be imposed.
In the event the City serves the Contractor with Notice of Termination from the Contract and
the Contractor seeks an appeal, the contractor will retain its position on the rotation and
disciplinary action will be delayed pending the appeal process. In the event the CITY elects to
modify the discipline imposed on the Contractor, the Contractor agrees they shall not be entitled
to recover any costs, compensation, damages, losses, and/or expenses of any type or
description from or file a claim against the City, its officers, employees, and appointees, arising
out of or related to, in any manner, a violation alleged against, or discipline imposed upon the
Contractor.
W. SUPERVISION OF CONTRACT AND MEETINGS WITH CITY
All work shall meet with the approval of the Santa Ana Police Department. As determined
necessary by the City, there shall be a minimum of one monthly meeting with the Contractor and
the City representative during the first year to determine progress and to establish areas needing
attention. Status reports of activities performed by the Contractor will be submitted in writing to
the City on a monthly basis or as determined necessary by the City.
Any specific problem area which does not meet the conditions of the specifications set forth in
Exhibit A or the Agreement shall be called to the attention of the Contractor and if not corrected,
may result in the Contractor being found in default of this agreement which may result in
suspension from the rotation list until the issue(s) is/are correct in a manner satisfactory to the
City or termination of the Agreement.
RFP No. 21-060 Police Rotational Towing and Storage Services Page 36 of 39
EXHIBIT B
COMPENSATION
Fee Proposal including hourly rates if applicable
AUTHORIZED TOWING AND STORAGE FEE SCHEDULE*
Service
Fee
Stored Vehicle Release Fee (PD)
$83.93
Class A
$225.00
Class B or Flatbed
$275.00
Class C
$405.00
Class D
$450.00
Dolly, Go -Jacks or Linkage Fee
$60.00
Rollover or Winching Fee
$130.00
Clean-up Fee (fee to City capped at $35.00 per
occurrence)
$60.00
Hazmat Fee (per five (5) gallon bucket)
$115.00
Vehicle Storage Fees (Daily)
Class A — Outside
$70.00
Class A — Inside
$75.00
Class B — Outside
$80.00
Class B — Inside
$85.00
Class C or Class D — Outside
$84.00
Class C or Class D — Inside
$91.00
After Hours Release
50% of the authorized
towing charge
Minimum Service Call or Drop Fee
50% of the authorized
towing charge
Lien Sale
As authorized by the
California Civil and Vehicle
Codes
Mileage (per mile outside the corporate city limits)
$9.00
* Fees indicated herein will become the City's maximum authorized rates effective at the time of
contract implementation; minimum 1 hour.
Exhibit 4
SERVICE AGREEMENT
ROTATIONAL TOW PROVIDER
THIS AGREEMENT is made and entered into on this 17th day of August, 2021 by and between
MetroPro Road Services, Inc., a California corporation, (hereinafter "Contractor"), and the City of
Santa Ana, a charter city and municipal corporation organized and existing under the Constitution
and laws of the State of California ("City").
RECITALS
A. The City desires to retain a Contractor having special skill and knowledge in the field of
providing vehicle towing and storage services.
B. Contractor represents that it is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Contractor shalt provide vehicle towing and storage service at the request of the Santa Ana
Police Department, on a rotational basis, in accordance with the terms and conditions set forth in
the Scope of Service, attached hereto as Exhibit A and incorporated by this reference. The City
intends to contract with several tow companies to provide necessary towing services on a rotational
basis, "Towing services may include, but are not limited to, towing vehicles from public or private
property at the direction of Police employees, owner's request for a tow made via the Police
Department, the storage of vehicles, the secure storage of vehicles containing evidentiary value,
debris clean—up and removal, recovery services and administrative oversight of vehicles in the
custody of the Contractor.
2. COMPENSATION
a. The parties intend that towing and storage fees will be paid by the vehicle owner at the
rates aid charges set forth in Contractor's then current and approved fee schedule,
attached as Exhibit B and incorporated by this reference.
b. When Contractor provides services chargeable to the City as set forth in Exhibit A, the
Contractor shall submit a monthly invoice by the 15th of the month to the City for any
such services rendered in the prior month, if applicable, The invoice shall include all
information enumerated in California Vehicle Code ("CVC") §22651.07(e) and include
the following information:
Page 1 of 10
#141898v2
i. Contractor's invoice number
ii. Santa Ana Police Department's case number
Payment by City shall be made within sixty (60) days following receipt of proper
invoice, subject to City accounting procedures. Payment need not be made for work
which fails to meet the standards of performance for professional towing services or in
accordance with the standards set forth in this agreement.
d. City imposed storage fees received by the contractor shall be remitted to the City by
the 15th of each month for any and all vehicles released during the prior month. A
vehicle release report, which reconciles the vehicles released by the contractor, will
also accompany the payment to the City. Payments shall be remitted to:
Santa Ana Police Department
Attention: Cpl. Saul Esquivel — Traffic Division
60 Civic Center Plaza
Santa Ana, CA 92702
e. Adjustments to the Towing and Storage Fee Schedule
The Police Rotational Tow Manager or his designee shall examine the towing and storage
rates authorized in accordance with this agreement on an annual basis. The Program Manager may
adjust the towing and storage rates, not to exceed two percent (2%) annually, based on the most
recent statistics, as follows: the two indices which will be used for determining adjustments to the
towing and storage fee schedule shall be the prior twelve (12) months, reporting month. December,
Consumer Price Index (CPI) for All Urban Consumers for Los Angeles -Anaheim -Riverside
Consolidated Metropolitan Statistical Area, published by the United States Department of Labor's
Bureau of Labor Statistics or any relevant successor for the Orange County area, and the twelve
(12) month December Producer Price Index for Petroleum (PPI). The adjustment formula shall be
as follows: The CPI shall be weighted at ninety (90%) percent and PPI shall be weighted at ten
(10%) percent. However, fee adjustments will only be made if justified and shall occur at the sole
discretion of the Chief of Police based on recommendations from the Police Rotational Tow
Program Manager.
3. TERM
This Agreement shall commence on September 1, 2021 and continue for a three (3) year
term until August 31, 2024, unless terminated earlier in accordance with Section 13, below.
4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an
independent Contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer -employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Contractor
performs the services which are the subject matter of this Agreement; however, the services to be
Page 2 of 10
#141898v2
provided by Contractor shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Contractor shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Contract, Contractor shall maintain and shall
require its subcontractors, if any, to obtain and maintain insurance as described below:
1. Commercial General Liability Insurance — the Contractor shall maintain
commercial general liability insurance which shall include, but not be limited to
protection against claims arising from bodily and personal injury, including death
resulting there from and damage to property, resulting from any act or occurrence
arising out of Contractor's operations in the performance of this Agreement,
including, without limitation, acts involving vehicles. The amounts of insurance
shall be not less than the following: single limit coverage applying to bodily and
personal injury, including death resulting there from, and property damage, in the
total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate.
2. Business Automobile Liability Insurance, or equivalent form, shall be maintained
by the Contractor with a combined single limit of not less than $1,000,000 per
occurrence. Such insurance shall include coverage for owned, hired and non -owned
automobiles as well as uninsured motorist coverage with a combined single limit
of not less than $1,000,000 per occurrence.
3. Worker's Compensation Insurance — in accordance with the provisions of Section
3300 of the Labor Code, Contractor is required to be insured against liability for
worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Contract, Contractor agrees to obtain and
maintain any employer's liability insurance with limits not less than $1,000,000 per
accident.
4. Garage Liability and Garage Keeper's Liability Insurance — the Contractor shall
maintain garage liability insurance to include all premises, operations and coverage
for bodily injury and property damage with a combined single limit of not less than
$1,000,000 per occurrence as well as garage keeper's liability insurance for
vehicles in the care, custody and control of the operator in the storage facility with
a single limit of not less than $100,000 per occurrence.
5. On -Hook Insurance — the Contractor shall maintain on -hook insurance with limits
not less than those required by the California Highway Patrol:
a. Class A tow truck - $25,000
b. Class B tow truck - $50,000
C. Class C or Class D tow truck - $100,000
Page 3 of 10
#141898v2
6. The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
a. Commercial general liability and business automobile insurance policies
shall (1) name the City, its officers, employees, agents, volunteers and
representatives as additional insured(s); (2) be primary and not contributory
with respect to insurance or self-insurance programs maintained by the City;
and (3) contain standard separation of insureds provisions. A sample
additional insured endorsement is attached hereto as Exhibit C. Contractor
shall maintain all insurance required above in full force and effect for the
entire period covered by this Agreement.
b. Certificates of insurance shall be furnished to the City upon execution of
this Contract and shall be approved in form by the City Attorney.
C. All of the Contractor's storage facilities shall be listed in the certificates of
insurance.
d. Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty
(30) days prior written notice to the City.
7. If Contractor fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has
been procured and is in force and paid for, the City shall have the right, at the City's
election, to forthwith terminate this Contract. Such termination shall not affect
Contractor's right to be paid for services satisfactorily provided in accordance with
this agreement prior to notification of termination. The Contractor waives the right
to receive compensation and agrees to indemnify the City for any work performed
prior to approval of insurance by the City.
6. HOLD HARMLESS/INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall indemnify, defend and hold
harmless City, its officers, agents and employees (collectively, the "Indemnified Parties") from
and against any and all claims (including, without limitation, claims for bodily injury, death or
damage to property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's
fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim;
collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to
any work performed or services provided under this Contract (including, without limitation,
defects in workmanship and/or materials) or Contractor's presence or activities conducted
performing the work (including the negligent and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers, contractors,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may
be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed
to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be
construed as authorizing any award of attorney's fees in any action on or to enforce the terms of
Page 4 of 10
#141898v2
this Contract. This indemnity shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Contractor.
7. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed
under this Agreement. Contractor shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Contractor under this Agreement. All such records and
invoices shall be clearly identifiable. Contractor shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Contractor under this Agreement.
8. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Contractor without reference to information disclosed by the
City.
9. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
10. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
Page 5 of 10
#141898v2
promotion, termination or other employment related activities or any services provided under this
Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Contractor. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which is not embodied herein.
12. ASSIGNMENT
a. Inasmuch as this Agreement is intended to secure the specialized services of
Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest
herein without the prior written consent of the City and any such assignment, transfer,
delegation or subcontract without the City's prior written consent shall be considered
null and void.
a. Unless previously approved by the City, the sale or transfer of the controlling interest
in a company shall be cause for immediate termination of this contract and the
Contractor shall be replaced on the Rotational Tow List by another company on an
existing eligibility list or during a future RFQ process.
13. TERMINATION
a. The City reserves the right to immediately terminate the contract, without penalty,
for cause.
b. In the event Contractor fails or refuses to timely perform any of the provisions of
this Agreement in the manner required, or if Contractor violates any provision of
this Agreement, Contractor shall be deemed in default. City shall provide written
notice of such default to Contractor's Project Manager. If possible, the Contractor
shall cure said default within a period of two (2) working days. If such cure is not
completed in a timely manner, City may terminate the Agreement forthwith by
giving written notice to Contractor' s Project Manager, The City may, in addition
to the other remedies provided in this Agreement or authorized by law, terminate
this Agreement by giving written notice of termination. Contractor shall be
responsible for all costs incurred by City, including replacement costs of equipment
and labor required to provide service during Contractor's default.
Page 6 of 10
#141898v2
As described in Exhibit A, concerning the investigation and disposition of
violations, the City may terminate this agreement immediately for cause if it has
been determined by the Traffic Commander, with concurrence from the Field
Operations Bureau Commander, that the Contractor has committed rule violations
associated with this agreement, or has committed violations of the law, and
termination of the contract is deemed to be the appropriate disposition.
d. This agreement may be terminated without cause by City by written notice
delivered to the Contractor either personally or by mail, thirty (30) days prior to the
end of the then current term. Upon termination, City shall pay Contractor for
services rendered as specified in the Agreement prior to the effective date of
termination.
14. CONTRACTOR OPTION FOR TERMINATION
The Contractor may request termination of the contract when conditions during the contract
make it impossible to perform or when prevented from proceeding with the contract by act of God,
by law or official action of a public authority or in the event of nonpayment by the City. Such
request will require ninety (90) days written notice prior to contract termination date requested. In
the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30)
working days to cure the alleged breach.
15. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS
Contractor shall make every effort to solicit and advertise employment opportunities to
Santa Ana residents, The City shall inform the Contractor of areas to publicize recruitment
opportunities, such as work centers and community centers. Contractor shall provide to City, a
description of efforts and procedures used to notify residents of employment opportunities as they
occur but, at a minimum, once each year prior to the City exercising its option to extend the
contract.
16. CONTRACTOR' S PARTICIPATION AT COMMUNITY MEETINGS EVENTS
AND PUBLIC AWARENESS CAMPAIGNS
If requested by City, the Contractor shall agree to participate in community meetings,
community events and public awareness campaigns, such as National Night Out, DUI
presentations or any other neighborhood or City event. Such participation shall be upon City
request provided with reasonable notice of the event. Such events will not exceed four (4) requests
per year.
17. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
a. Contractor shall perform all requirements under this contract in strict observance of
and in compliance with all applicable environmental, traffic, safety and any other laws,
regulations, ordinances, codes and any other legislative or statutory requirements.
Page 7 of 10
#141898v2
b. Contractor warrants that the performance of services under this contract shall be
compliant with the current requirements of the Occupational Safety and Health Act
(OSHA) and as it may be amended or updated throughout the term of this contract.
18. FINES
The Contractor shall be liable for all violation fines levied against the City by any Federal,
State or local agency, including but not limited to the Air Quality Management District (AQMD),
and the Regional Water Quality Control Board, due to the action or failure to act by Contractor.
19. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
20. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
21. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
22. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
Page 8 of 10
#141898v2
W[61901=00
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Chief of Police
City of Santa Ana
60 Civic Center Plaza
Santa Ana, California 92702
Fax: 714-245-8190
Traffic Division
City of Santa Ana
Santa Ana Police Department
Attn: Traffic Commander
60 Civic Center Plaza
Santa Ana, CA 92702
Fax 714-245-8190
City Attorney's Office
City of Santa Ana
Attn: Police Legal Advisor
20 Civic Center Plaza
Santa Ana, CA 92702
Fax (714) 647-6515
To Contractor:
MetroPro Road Services, Inc.
Attn: Bradly T. Humphreys, President
2550 S. Garnsey St.
Santa Ana, CA 92707
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
23. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
Page 9of40
#141898v2
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. The Agreement is the final and complete agreement and any prior or
contemporaneous agreements for similar services between the parties is superseded
by this Agreement. This shall not apply where the Parties are currently engaged
and Contractor is providing services not contemplated by this Agreement
C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
Daisy Gomez
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: 144
Tamara Bogosian
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL:
David Valentin
Chief of Police
CITY OF SANTA ANA
Kristine Ridge
City Manager
CONTRACTOR:
Bradl T. Humphreys
i tPres
Page 10 of 10
#141898v2
EXHIBIT A
SCOPE OF SERVICES
(9)
I. SCOPE OF SERVICES
CITY OF SANTA ANA
EXHIBIT A
SCOPE OF SERVICES
A consultant hired pursuant to this RFP shall be responsible for Police Rotational Towing and
Storage Services with the Santa Ana Police Department, as outlined in the SAMC § 32-107. The
successful Contractor(s) must agree to perform all services as outlined herein within the corporate
city limits of the City of Santa Ana or any other jurisdiction as directed by a member of the Santa
Ana Police Department.
II. IMPLEMENTATION
A. The selected Contractor(s) will collectively assume responsibility for all towing and storage
needs, and all other related functions as described in the RFP, for the Santa Ana Police
Department on a rotational basis.
B. The Contractor shall ensure that all employees working on this project meet the minimum
personnel and training standards identified herein. In addition, the Contractor should include
a list of additional training provided to the Contractor's staff demonstrating proficiency and
excellence in the field.
C. City Staff shall have the right to modify, reduce or delete rotational tow services and remove
contract personnel with prior notice to Contractor.
The Contractor shall provide sufficient personnel and equipment, but in no case less than the
minimum required, to carry out the duties contained in this RFP within specified timelines. The
term of the contract is three (3) years with two (2) one (1) year options for renewal.
III. USE OF ROTATIONAL TOW LIST
A. CRITERIA AND RULES FOR USE BY POLICE EMPLOYEES
The City agrees to utilize the rotational tow list for all service requests initiated by members of the
Santa Ana Police Department except where provided for in this agreement. Therefore, the City
agrees to operate under the following policy guidelines unless reasonably necessary to deviate
due to exigent or unforeseen circumstances:
1. Whenever the driver or owner specifies a particular club, association or tow service to care
for his/her vehicle, the garage or tow service requested shall be called and such calls shall
not constitute a rotational tow call.
2. When a driver does not specify a particular garage or tow service, the garage or tow service
called shall be taken from the rotational list in numerical order. When more than one vehicle
is to be towed from a collision scene and the drivers do not specify a preference, the rotation
list shall be followed on the basis of one tow truck for each vehicle utilizing the numerical
rotational order. The rotation list shall be followed on a per vehicle basis rather than per
collision or call for service. When multiple Contactors are called to the same incident, the
distribution of vehicles shall be determined by the police officer at the scene.
RFP No. 21-060 Police Rotational Towing and Storage Services Page 20 of 39
(9)
CITY OF SANTA ANA
3. If the eligible Contractor does not answer the telephone or acknowledge the call via a software
dispatch system, is unable to respond, unable to perform the required services, refuses to
respond or provide the requested service, or is cancelled due to an excessive response time,
that company shall be passed over and shall not be eligible until the Contractor comes up on
the rotation list again.
4. It shall be the responsibility of the Contractor to notify the Police Department if it is unable to
respond within the required time limit or with the appropriate equipment for the type of service
requested.
5. If it is determined, the Contractor is not needed and is cancelled by the Police Department or
the vehicle owner, the Contractor shall be placed back on top of the rotation list and no charge
shall result from the call.
6. The rotation list shall be used on occasions where an officer stores or impounds a vehicle and
the driver or owner is not consulted or is not present.
7. All employees of the Police Department are specifically prohibited from soliciting or
recommending any garage or tow service, either directly or indirectly. All officers are directed
to ascertain from the party in charge of the vehicle as to their preference of a towing agency.
A request of "no preference" by the person in charge will be relayed to dispatch by the officer
and will result in a call to the Contractor that is next up on the rotation list.
B. REPORTING PROCEDURES
1. All officers requesting a tow truck from the rotational list for the towing, storing or impounding
of a vehicle shall complete the Santa Ana Police Department storage/impound form when
required by Departmental policy or procedure. The form shall be signed by both the officer
and the driver of the tow truck. A copy of the Santa Ana Police Department storage/impound
form shall be given to the tow truck driver prior to the vehicle being towed from the scene.
IV. CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES
A. WORK ASSIGNMENTS AND SCHEDULE
The Contractor shall be available to provide services within the corporate limits of the City of
Santa Ana 24-hours per day, seven (7) days per week, 365 days per year. There are no
exceptions for holidays under the project. The Contractor shall also make reasonable
accommodations for its personnel to attend meetings with City staff from the Police Department,
City Attorney's Office or any other City Agency as required by the Project Manager.
B. PREVAILING WAGE
Prevailing wage will not be required for this contract.
C. WORKING HOURS AND RESPONSE TIMES
1. All services under this contact shall be available 24-hours per day, seven (7) days per week,
365-days per year without exception.
2. The owner, principal or business manager of the proposing Contractor shall have a minimum
of five (5) years of verifiable experience in the towing for -hire industry. Prior experience
RFP No. 21-060 Police Rotational Towing and Storage Services Page 21 of 39
(9)
CITY OF SANTA ANA
performing towing services for a law enforcement agency are highly desirable but not required.
If the owner, principal or business manager possessing this requisite experience is no longer
employed by the Contractor at any time during the course of the contract, the Contractor shall
immediately report such change in condition to the City's Project Manager and participation
on the rotation list shall be suspended until a new owner, principal or business manager is
identified and approved.
3. The Contractor shall be required to have a dispatcher on -duty 24-hours per day with the
capability to communicate instantly with all trucks and/or drivers assigned to this project.
4. All requests for tow services shall be acknowledged or refused within three (3) minutes by the
Contractor's dispatcher and response to the scene shall occur within 20 minutes from the time
the Contractor is notified by the Police Department's Communications Division.
a. The 20-minute response time applies only to tow requests requiring a Class A tow
truck.
b. The Contractor shall be required to comply with this requirement by providing
appropriate staffing levels and, if necessary, strategically staging personnel during
peak traffic times to allow drivers sufficient time to arrive while complying with all traffic
laws and regulations in their response to service requests.
c. For any request requiring a Class B, C or Class D tow truck, the Contractor shall have
the necessary equipment on scene within 45 minutes of notification by the Police
Department's Communications Division if a Department employee identifies the need
for such equipment or when determined by the Contractor's employee after
responding to the scene and assessing the situation.
5. The Contractor shall be required to have a minimum of one (1) driver on duty 24-hours per
day, seven (7) days per week. In addition, the Contractor shall have at least one (1) other
driver on -call or stand-by.
6. The Contractor will also be required to maintain office hours between 8:00 am and 5:00 pm,
seven (7) days a week, 365 days per year so vehicle owners can retrieve stored or impounded
vehicles. An applicable gate fee may apply for vehicle releases after normal business hours.
D. CONTRACTOR AND PROJECT MANAGEMENT REQUIREMENTS
1. The Contractor shall furnish all personnel necessary to fulfill the obligations of this RFP.
2. A list identifying the names of all personnel assigned to work on this project on behalf of the
Contractor shall be provided to the City's Project Manager or designee. This information shall
include the name, date of birth, driver's license number, social security number, business and
residence addresses, the Contractor's Project Manager and secondary supervisor, and all tow
truck operators working pursuant to this agreement.
3. The Contractor shall identify the person assigned as the Contractor's Project Manager for this
project. That person shall be available to the City during normal business hours and will be the
primary contact between the City and the Contractor on matters relating to the enforcement
services provided through this RFP. This person shall have substantial expertise and experience
in tow and recovery operations as well as business operations for the company.
RFP No. 21-060 Police Rotational Towing and Storage Services Page 22 of 39
(9)
CITY OF SANTA ANA
4. The Contractor's Project Manager shall be the primary daily operations contact to the City and as
such, shall do the following:
a. Respond to complaints from the Police Department, customers or the community. A copy
of any complaints lodged directly with the Contractor regarding services provided under
this contract shall be provided to the City's Project Manager or designee immediately as
well as the steps being taking to resolve the complaint and the date a resolution can be
expected. A copy of the final disposition shall also be provided to the Project Manager or
designee within 15-days unless an extension has been granted in writing prior by the
Project Manager.
b. Contact the City's designee at least once per month to discuss and clarify operational
assignments and expectations;
c. Ensure that the Contractor's personnel perform the duties as required by the RFP; and
d. Prepare and submit monthly reports as required.
5. The Contractor shall be required to designate a second person that may be contacted in the
absence of the Contractor's Project Manager. This person shall also have authority over the
Contractor's personnel and shall be a member of the Contractor's staff with authority to represent
the Contractor on policy matters.
E. CONTRACTOR'S PERSONNEL REQUIREMENTS
1. Each of the Contractor's employees performing work pursuant to this RFP shall:
a. Be approved by the Project Manager or designee to perform work on behalf of the City.
b. Have ability to read, write legibly, speak and comprehend the English language - Bilingual
fluency in Spanish or other language approved on the City's bilingual list is preferred.
c. Be a minimum of 18 years of age;
d. All tow truck drivers employed by the Contractor and used for this project must be
competent and proficient in all aspects of their duties related to tow and recovery
services. This requirement shall provide that any tow driver responding to a scene will
be capable of safely towing and/or recovering a vehicle under most circumstances
without delay.
e. All tow truck drivers employed by the Contractor shall complete an approved tow truck driver
training program approved by the California Highway Patrol (CHP) pursuant to their Tow
Service Agreement Advisory Committee (TSAAC) prior to performing any work related to this
project. Upon selection, proof of successful course completion, the name of the provider and
the curriculum taught shall be provided to the Project Manager or designee prior to any driver
performing any work on behalf of the City. A list of the 2019-2020 TSACCA training providers
may be found in Exhibit 5 of this agreement or in the CHP's 2019-2020 Tow Service
Agreement availalble at
https://www.chp.ca.gov/ResearchAndPlanningSectionSite/Documents/2019-2020 TSA.pdf
2. Pass a background and fingerprint check that shall include a review of the employee's criminal
history that would pose a liability for the City including crimes of violence, moral turpitude,
theft or unsafe driving practices.
3. The Contractor and all tow truck drivers shall be required to participate in a controlled
substance and alcohol testing (CSAT) program and provide proof of enrollment.
RFP No. 21-060 Police Rotational Towing and Storage Services Page 23 of 39
w
CITY OF SANTA ANA
a. Drivers requiring a Class A, Class B or commercial Class C (endorsed for hazardous
materials transportation) shall participate in a CSAT program as defined in the Code of
Federal Regulations, Title 49, Parts 40 and 382.
b. Drivers not required to possess a Class A, Class B or commercial Class C license shall
also be enrolled in a CSAT program substantially similar to the requirements outlined
above.
c. The Contractor shall ensure selection pools for commercial and non-commercial licensed
drivers are maintained separately.
d. A driver possessing a non-commercial driver's license who returns with a positive test
result shall meet the same reinstatement requirements as a driver required to possess a
commercial driver's license.
4. All employees assigned by the Contractor shall have a valid California driver's license and
remain in good standing with the California Department of Motor Vehicles.
a. Tow truck drivers must possess the proper license class, including endorsements, for
any tow truck or combination of tow truck and vehicle they operate in the performance of
their duties pursuant to this contract. Tow truck drivers shall remain certified and in
compliance with CVC § 12520 at all times.
b. The Contractor and all tow truck drivers shall be enrolled in the Employer Pull Notice
(EPN) program.
i. The Contractor shall provide a current list of drivers and a copy of the EPN report.
ii. Newly hired tow truck drivers shall be enrolled in the EPN program and proof
provided to the Santa Ana Police Department within 30 days of the employee's hire
date.
5. Only employees of the Contractor necessary to complete an assignment shall respond to the
scene of a request for service (no spouse, children, animals, etc.).
6. Tow truck drivers shall perform all towing and recovery operations in the safest and most
expedient manner possible.
7. Under no circumstances shall a Contractor's employee carry or be armed with any type of
weapon whatsoever while providing service pursuant to this RFP.
8. The Contractor shall provide and pay for all uniforms for contract personnel assigned to work
in the field.
a. Uniform specifications shall include the name of the company and the employee's name
affixed to the employee's shirt.
b. The City's Project Manager or designee shall review and approve all uniforms. Uniforms
shall fit properly without excessive wear. The uniform must be clean, free of any offensive
odors and present a neat appearance.
c. All tow truck drivers shall wear appropriate safety garments (e.g. vests, jackets, shirts,
retroreflective clothing) in accordance with California Code of Regulations, Title 8, § 1598.
If the tow truck driver is working on a Federal -aid highway, the operator shall comply with
the guidelines contained in the Federal Code of Regulations, Title 23, Highways, Chapter
1, Federal Highway Administration, Department of Transportation, Part 634, Worker
Visibility, which requires high -visibility personal protective safety clothing to be worn that
meets the Performance 2 or 3 requirements of the ANSI/ISEA 107-2004.
9. The City's Project Manager or designee shall conduct the final review of all contract
RFP No. 21-060 Police Rotational Towing and Storage Services Page 24 of 39
w
"T CITY OF SANTA ANA
employees prior to being assigned to perform services related to this project on behalf of the
City of Santa Ana. The Chief of Police or his designee has the ultimate authority and discretion
regarding personnel working under this contract. The Chief of Police or his designee may
remove contract personnel, upon telephone notification to the Contractor.
F. REQUIRED TOW VEHICLES AND EQUIPMENT
At a minimum, the Contractor shall possess, maintain and be the listed registered owner of
the following classes of tow vehicles (meeting requirements as defined in the most current
version of CHP 234B — Tow Truck Inspection Guide):
a. Four (4) Class A tow trucks designed for light duty towing operations.
b. One (1) Class B tow truck designed for medium duty towing operations.
c. One (1) Class C tow truck designed for heavy duty towing operations.
d. One (1) Class D tow truck designed for heavy duty towing operations.
2. The Contractor shall provide a listing of all towing vehicles or any substitute vehicle that may
be used pursuant to this agreement. Such list must provide the following information:
a. Make, model, and year.
b. Tow truck classification (e.g. Class A).
c. Vehicle and engine identification numbers.
d. Company identification number.
e. California license number.
f. Company vehicle color(s).
3. The company name, business address, telephone number and tow truck identification
number shall be permanently and properly affixed to each vehicle in a manner prescribed
pursuant to CVC § 27907.
4. There shall be no words or language affixed to the vehicle associating the Contractor or the
vehicle with the Santa Ana Police Department (e.g. "official police tow") without the prior
written approval of the City's Project Manager.
5. At no time shall the Contractor exceed the gross vehicle weight rating (GVWR) and/or safe
loading requirements of the tow truck, including, but not limited to, exceeding the tow
trucks GVWR, front axle weight rating, rear axle weight rating, maximum tire weight
ratings, or failure to maintain 50 percent of the tow truck's unladen weight on the front axle
when lifting or carrying a load.
6. The authorized Towing and Storage Fee Schedule shall be posted in public view in all tow
trucks.
7. Intentionally omitted
8. All of the vehicles identified above and used in accordance with this agreement shall be
equipped with the minimum equipment required to perform towing operations as well as the
equipment pursuant to CVC § 27700 and the "Service and Other Equipment" section of the
CHP 234B (Tow Truck Inspection Guide) form. The Contractor may also be required to carry
any other safety devices reasonably required by the City.
RFP No. 21-060 Police Rotational Towing and Storage Services Page 25 of 39
(9)
CITY OF SANTA ANA
9. The contractor shall maintain all vehicles and equipment in good repair for use by the
Contractor's employees assigned to perform services pursuant to this agreement. The
Contractor shall be responsible for, and pay for all operating expenses, equipment,
maintenance and insurance for vehicles assigned to perform work related to this
agreement. All tow trucks shall be equipped and maintained in accordance with applicable
sections from the California Vehicle Code, Title 13 of the California Code of Regulations,
the requirements of this RFP and industry standards.
10. All vehicles shall be kept clean, be free of offensive odors and maintain a professional
appearance.
11. All tow trucks shall be inspected annually by the California Highway Patrol and maintain a
current Commercial Vehicle Safety Alliance (CVSA) decal. The Contractor shall provide
current copies of CHP 234B (Tow Truck Inspection Guide) and CHP 407F (Safetynet
Driver/Vehicle Inspection Report) for each vehicle to the City's Project Manager or
designee.
12. The Contractor agrees that the Santa Ana Police Department may inspect any vehicle,
without prior notice, at any time during normal business hours.
13. The Contractor shall provide instant communication access via cellular phone or radio to
all personnel while performing their duties.
G. GLOBAL POSITIONING SYSTEM (GPS)
It is highly desirable for the Contractor to provide GPS capabilities in all of their tow trucks. If
offered for consideration in the Contractor's Response, the City and Contractor shall be able to
view this information via computer in real time and the Contractor shall provide GPS reports at
the request of the City.
H. CONTRACTOR'S BUSINESS OFFICE REQUIREMENTS
The Contractor shall maintain an office and storage facility within the corporate limits of the
City of Santa Ana and remain in compliance with any requirements imposed by the Police
Department, the Planning Division or any other Department, Agency or Agent of the City of
Santa Ana in accordance with federal regulations, state law, the Santa Ana Municipal Code
and this agreement.
2. It is preferable that the office and storage facility be at the same location to minimize the
impact on the community. However, should additional locations exist, the Contractor agrees
to conduct all business from the primary facility and any costs associated with operating a
secondary location and/or moving vehicles to or from that secondary location shall not be
passed along to any customer covered under this agreement.
3. The primary facility shall have a sign clearly visible to the public that identifies the location as
a towing service.
4. The business hours shall be clearly posted.
5. The office shall be sufficiently staffed to allow customers to speak with a company
representative during normal business hours without unnecessary delay.
6. Current and approved rates pursuant to the Towing and Storage Fee Schedule shall be posted
RFP No. 21-060 Police Rotational Towing and Storage Services Page 26 of 39
(9)
CITY OF SANTA ANA
in public view in the Contractor's office and/or storage facility in compliance with California
Civil Code § 3070 and CVC § 22651.07.
7. The Contractor shall comply with the provisions of CVC § 22651.1.
8. The Contractor shall maintain records of all tow services furnished by the Contractor at the
primary office location.
a. Invoices shall contain the required itemized information pursuant to CVC 22651.07(e).
b. Itemized invoices shall contain a distinct notice upon the invoice stating, "Upon request,
you are entitled to receive a copy of the "Towing Fees and Access Notice." This notice
shall be contained within a bordered text box, printed in no less than 10-point type
pursuant to CVC 22651.07(a)(1)(B)(3).
9. The operator's primary business office shall also maintain business records relating to
personnel, insurance, personnel taxes, payroll, applicable operating authorities, local
operating authorities, lien sale actions, driver's record of duty status (intrastate and/or
interstate), and Federal Communication Commission licensing (if applicable).
10. The Contractor agrees that a representative from the Santa Ana Police Department may
inspect all business records, facilities and vehicles without notice during normal business
hours.
11. The Contractor shall permit the Santa Ana Police Department to make copies of business
records at their place of business or remove business records for the purpose of reproduction.
12. Lien fees, or any fees related to the preparation of a lien, shall not exceed the amounts
allowable in the Towing and Storage Fee Schedule, attached hereto as Exhibit 4, and in
compliance with all relevant provision of the California Vehicle Code and California Civil Code.
I. STORAGE FACILITY AND VEHICLE STORAGE REQUIREMENTS
It is preferable that the storage facility is located at the same location as the primary business
office. However, if located at a different location than the main office, the storage facility must
be within the corporate limits of the City of Santa Ana and have an on -site release office at all
storage lots. Persons seeking to take possession of their vehicle or property shall not be
required to travel to more than one location to recover their vehicle from the Contractor's
custody.
2. The storage facility and all vehicles towed at the direction of the City shall be made available
to police personnel 24-hours per day, 7-days per week.
3. The entire storage lot must be sufficiently well lit to deter theft. Other theft deterrent devices
(e.g. cameras, alarms, on -site personnel, etc.) are highly desirable.
4. The storage lot must be completely secured by a wall or fencing and a gate that is able to be
locked to maintain security for stored and impounded vehicles. The minimum height
requirement for the fence and gate shall be six (6) feet.
5. The storage lot shall be large enough to hold a minimum of 100 vehicles at any given location.
This requirement is the minimum area reserved for Santa Ana vehicles and additional space
is highly desirable. All vehicles towed by the City shall be stored within the corporate city
limits and the vehicle or any of its contents shall be made available for release within the
RFP No. 21-060 Police Rotational Towing and Storage Services Page 27 of 39
w
"T CITY OF SANTA ANA
corporate city limits. If multiple storage facilities are maintained, the Contractor shall only use
the secondary lot when the primary lot is full and shall not charge for transportation beyond
that of the main storage facility.
6. The Contractor shall also provide an inside storage facility, which must consist of four walls
with a solid roof and a door equipped with a locking device. Additional security features are
highly desirable. This facility shall be sufficient to reasonably protect vehicles from theft,
tampering, weather, environmental conditions or any other circumstances that could cause
the removal or contamination of evidence. Access to this area by employees or other
individuals shall also be restricted. This facility shall be capable of storing a minimum of four
(4) mid -sized vehicles for the City of Santa Ana and sufficient space to conduct forensic
analysis of the vehicle on -site if necessary.
7. Vehicles impounded pursuant to CVC § 10751 shall be placed in an area of the storage facility
that will provide sufficient space and privacy, allowing auto theft investigators to perform a
vehicle inspection without delay. This requirement shall be required for the first ten (10) days
of impound.
8. Vehicles will not be released, sold or dismantled until a signed release form has been obtained
from the Santa Ana Police Department. The signed release form will be kept by the towing
company as proof of authority for the release.
9. Release forms are required for impounded vehicles and vehicles with a "hold" placed on them
by police department personnel. The release form will indicate they are from the Santa Ana
Police Department and shall only be signed by authorized members of the Police Department.
a. Stolen vehicles recovered by the Police Department will be released to the victim/owner by
the Contractor with proof of ownership. Unless specifically noted, no release will be
required from the Police Department.
b. Stolen vehicles recovered by the Police Department requiring further investigation as
determined by the handling officer will be impounded pursuant to CVC § 22655.5, thereby
placing a hold on the vehicle. The impound box will be marked along with an explanation
in the narrative. These vehicles will not be released until the victim/owner obtains a release
from the Police Department.
c. If the owner of the vehicle is unable to prove ownership to the tow agency, they will be
referred to the Santa Ana Police Department and a release will be issued once ownership
is established.
d. If a registered owner is unable to retrieve their vehicle from storage, a vehicle authorization
form shall be provided by the Contractor to the person authorized to pick-up the vehicle.
The authorized recipient, on behalf of the registered owner, will be required to provide
identification for the Contractor to photocopy (front/back).
10. When a vehicle is impounded, the towing company will place the word "hold" or other similar
notation on the windshield of the vehicle. This is to minimize unauthorized contact with the
vehicle and to provide control measures to prevent the inadvertent release.
a. The responsibility for determining and placing the word "hold" or other similar notation on
the windshield of the vehicle will be the responsibility of the Contractor at the time of vehicle
possession. The Contractor's employee signature on the storage/impound report will
acknowledge an understanding of the type of report completed by the officer and any
necessary holds. The Contractor should clarify any misunderstandings or omissions on
the report at this time.
RFP No. 21-060 Police Rotational Towing and Storage Services Page 28 of 39
(9)CITY OF SANTA ANA
11. Vehicles towed or stored with an "evidence hold" shall not be touched, moved or tampered
with in any manner without the written consent of the City's Project Manager or designee.
12. The Contractor agrees to tow and store vehicles taken pursuant to an "evidence hold" as
defined in CVC §§ 22655.5 or 22655(a) without charge to the City and agrees to release the
vehicle to the owner at the City's request. The initial towing fee shall be billed to the owner of
the vehicle. Unless waived in whole or in part by the City's Project Manager, the tow company
may pursue collections from the registered owner for the initial towing fees. Furthermore, the
Contractor may attempt to collect these fees, or make arrangements to collect these fees, at
the time of release but shall not hold the vehicle in lieu of payment unless specifically
authorized by the City's Project Manager or designee.
13. In any case where the Police Department inadvertently and/or erroneously causes the
impound or storage of a vehicle, or fails to properly notify the owner in a timely manner, the
Contractor agrees to release the vehicle at the request of the City's Project Manager or
designee and waive all fees or charges associated with the tow.
14. Any personal property released from a vehicle shall occur at the business office or primary
storage facility and shall require authorization from the Police Department. All property shall
be released pursuant to CVC § 22851(b) and CVC § 22651.07. Personal property includes
any property not affixed to the vehicle (e.g. clothes, cell phones, papers, pull-out / detachable
face radios, etc.)
J. CUSTOMER SERVICE
Contractor shall provide service which is accessible, courteous, responsive, timely, equitable and
given in the spirit of professionalism and mutual respect. Contractor's personnel are a reflection
of the City of Santa Ana and, as such, are expected to:
1. Interact with customers and City officials, whether in person or on the phone, in a pleasant,
respectful and professional manner.
2. Give full attention to each customer's needs by asking questions. Provide information,
products and service in an accurate, organized and complete manner. Determine that the
customer's request has been fulfilled.
3. Maintain a professional demeanor at all times that is free from rude, discourteous or harassing
behavior.
4. Comply with all federal, state, county, and city laws and regulations.
5. Use adequate equipment that is kept clean and neat at all times.
6. Train other Contractor employees to be polite and courteous during public contact.
7. Employ truth and accuracy in reporting customer service records.
RFP No. 21-060 Police Rotational Towing and Storage Services Page 29 of 39
(9)
K. RATES AND FEES
CITY OF SANTA ANA
Notwithstanding other provisions of this agreement related to rates and fees, the Contractor
agrees to comply with the following provisions as they relate to rates and fees charged in
accordance with this agreement:
1. For services provided pursuant to this Agreement, the Contractor shall collect towing, storage and
other service fees from the vehicle owner at the time of release. Said fees shall comply with the
Santa Ana Police Department's Towing and Storage Fee Schedule, attached hereto as Exhibit 4,
and incorporated by this reference.
2. The Contractor acknowledges that the fee schedule is intended to list the maximum amounts for
services rendered but nothing in this Agreement shall preclude the Contractor from charging less
than the maximum fee allowed.
3. Nothing shall prohibit a Contractor from sending a Class B, C or D tow truck to a call requiring a
lighter class tow truck to perform requested services. However, the Contactor acknowledges that
fees may only be charged for the class necessary to perform the requested services and not
necessarily for the class of tow truck dispatched to the call.
4. No fees may be charged for personnel, equipment or services reasonably necessary to perform
the required service.
5. No lien shall be placed on the vehicle for services performed or initiated, and subsequently
cancelled on -scene by the Santa Ana Police Department, unless the Contractor has presented a
written statement to the vehicle's registered owner or agent for the signed authorization of services
to be performed pursuant to Civil Code § 3068(a).
a. The Contractor shall not attempt to take possession of a vehicle in order to establish a lien for
any services performed or initiated and subsequently cancelled.
b. The Contractor shall not bill the City of Santa Ana or Santa Ana Police Department for any
services performed or initiated, and subsequently cancelled by the department. However, in
such cases, the incident shall not be considered a rotational call and the Contractor shall be
returned to the top of the rotation list.
6. The Towing and Storage Fee Schedule shall be posted in the business offices, storage facilities
and tow trucks pursuant to CVC § 22651.07.
7. Rate adjustments may be considered based on the criteria in Section VI of the Scope of Services,
Subsection B, 4, located below.
8. Contractor's failure to comply with the Towing and Storage Fee Schedule shall be subject to
disciplinary action.
9. The Contractor shall not seek payment from the City of Santa Ana for services provided pursuant
to this Agreement. However, the City shall be responsible for the following charges ordered by
the City pursuant to this Agreement:
a. Collision cleanup pursuant to Section IV, Subsection N, below;
b. Other services authorized by the City's Project Manager prior to the performance of said
duties.
RFP No. 21-060 Police Rotational Towing and Storage Services Page 30 of 39
(9)
CITY OF SANTA ANA
L. MISCELLANEOUS PROVISIONS
The Contractor shall have a Carrier Identification and a valid Motor Carrier Property (MCP)
permit, which shall be provided to the City's Project Manager or designee. The expiration or
suspension of the MCP shall result in immediate suspension from the rotation list as well as
possible disciplinary action.
2. There may be times when the Contractor comes across a vehicle blocking the roadway although
not assigned to the call or next on the rotation list. At the discretion of the officer at the scene, the
Contractor may be directed to assist in moving the vehicle to the side of the roadway only. This
service shall be provided without cost to the City or vehicle owner, and shall not affect the
Contractor's position on the rotation list.
3. The Contractor shall be held accountable for all vehicles, personal property and vehicle
accessories once the vehicle is in the possession of the driver and/or stored at their facility. The
Contractor agrees to relieve the City, its officers, agents and employees of all responsibility once
the vehicle is in the custody of the Contractor.
4. There shall be no photography or video recording at the scene of a tow or collision by the
Contractor or any employee unless directly related to the towing operation. Photographs or video
recordings shall only be directed at vehicles or the area immediately surrounding the vehicle but
in no case shall capture any image of a person(s) injured or killed at the scene.
5. The Contractor, nor any employee of the Contractor, shall accept from any person or offer a
gratuity to any member of the City in violation of CVC § 12110(a) and the City's gift ban ordinance.
6. The Contractor shall remain in compliance with CVC § 10652 as required.
7. Due to the negative perception of Private Party Impounds (PPI's) and the nexus to predatory
towing practices, whether actual or perceived, the City of Santa Ana and the Santa Ana Police
Department have an interest in ensuring any Contractor working on its behalf is not associated
with these practices. In addition, tow companies that engage in PPI's are subjected to complaints
and investigations on a more frequent basis than those that do not participate in this facet of the
towing business. Therefore, the City strongly discourages any Contractor assigned to the
rotational tow list from engaging in PPI's within the corporate limits of the City of Santa Ana.
Subject to the investigative process outlined in the RFP, any company found to be in violation of
PPI regulations including, but not limited to, applicable sections of CVC § 22658 or any other laws
or regulations associated with PPI's shall be subject to suspension or immediate removal from
the rotation list for sustained complaints or convictions for violations of the law.
M. UTILIZATION OF DISPATCH AND TRACKING SOLUTIONS SOFTWARE
The City uses Dispatch & Tracking Solutions (DTS) software for its rotational towing
administration. The Contractor shall agree to utilize the most recent, updated, upgraded Dispatch
& Tracking Solutions software program (DTS), or any other software solution selected by the City,
to dispatch and track tow activity via a web -based Internet connection. All tow requests originating
from the Santa Ana Police Department may be made utilizing this program. The Contractor's
failure to have the DTS program in full operation and to acknowledge tow requests in a timely
manner pursuant to this RFP shall result in a finding of default and shall result in immediate
suspension from the tow rotation list. Failure to remedy the problem as set forth in Section VI,
RFP No. 21-060 Police Rotational Towing and Storage Services Page 31 of 39
(9)CITY OF SANTA ANA
Subsection G shall be grounds for the termination of the agreement between the City and the
Contractor.
The Contractor must be willing to must enter into a separate agreement, contract, or license for
DTS software, or any other software solution implemented by the City, with the owner of that
proprietary software. The City shall not provide the software program, any licensing or sub -
licensing thereof or any intermediary services for the procurement by the Contractor of the
software program. This Contract shall not be executed by the City until the Contractor has
demonstrated to the City's Project Manager or designee satisfactory compliance with the
requirements set forth herein. The Contractor shall be liable for all fees, charges, rates and
service charges required for the procurement and use of DTS software or any similar software
solution.
If the City should elect to use a different program than DTS at some point in the future, the
Contractor agrees to comply with the above requirements as it relates to the new software solution
after provided reasonable notice by the City and sufficient opportunity to procure said software
program.
N. RESPONSIBILITIES WHEN RESPONDING TO CALLS FOR SERVICES
1. When the Contractor is called to the scene of a vehicle tow or a collision scene, the
Contractor's employee will clean-up all debris at the scene in accordance with CVC § 27700
without charge to the City.
a. If this service does not result in a vehicle tow, it shall not be considered a rotational call
and the tow company shall be placed back on the top of the rotational tow list.
b. Police employees should not call a rotational tow to the scene of a collision for the sole
purpose of cleaning up debris. However, should this occur or become necessary, the
Contractor may bill the City for the cost of the response in accordance with the City's
Towing and Storage Fee Schedule.
O. PERFORMANCE DURING INCLEMENT WEATHER OR DISASTERS
1. The Contractor acknowledges that the services provided under this contract are integral to
the operations of the City of Santa Ana and the Santa Ana Police Department. Therefore,
the Contractor agrees to perform the duties of this contract regardless of weather or other
adverse conditions including, but not limited to, any disasters whether man-made or acts of
God.
2. During periods of inclement weather or disaster, the Contractor shall agree to adjust staffing
levels to meet the increased demands for service during these times.
3. Should the Contractor be unable to fulfill their responsibilities under the conditions described
in this section, the Contractor shall be responsible for any and all costs incurred by the City
should the need to hire outside contractors become necessary to meet the needs of the
Police Department due to the Contractor's default.
P. PROTECTION OF THE PUBLIC AND DAMAGES TO EXISTING STRUCTURES
RFP No. 21-060 Police Rotational Towing and Storage Services Page 32 of 39
(9)CITY OF SANTA ANA
1. The Contractor shall exercise due care and caution at all times for the protection of all persons
and property. All fines, penalties and/or repair charges resulting from the Contractor's actions
shall be the sole responsibility of the Contractor.
2. Understanding that the Contractor will respond to calls involving traffic collisions or traffic hazards,
and pursuant to CVC § 22513, the Contractor shall only place or use equipment to block vehicle
traffic lanes or render assistance to a motorist while exercising due care for the safety of the tow
truck driver, the motorist and the motoring public. Tow truck drivers should be trained in scene
management in accordance with this section. The Contractor shall ensure that all appropriate
traffic safety warning devices are utilized as deemed necessary.
3. Contractors will be required to respond to calls where vehicles have collided with other objects
and may have already caused damage to varying degrees. The methods proposed by the
Contractor for towing and recovery services shall be reasonable and consistent with industry
standards, best practices, and in a manner that shall not cause unnecessary additional harm,
deface or damage any City or private property. In the event that damage to the City's right-of-way
or private property has occurred due to the negligence of the Contractor, the Contractor shall be
solely responsible for its repair or replacement in excess of the amount covered by the required
insurance.
Q. SPECIFICATIONS
This Scope of Services is intended to cover all labor, material and standards of workmanship to
be employed for in this work plan or reasonably implied by terms of same. Work or materials of
a minor nature which may not be specifically mentioned, but which may be reasonably assumed
as necessary for the completion of this work, shall be performed by the Contractor as if
described in the specifications.
R. RECORDS
1. The Contractor shall keep accurate records concerning all vehicle tows, vehicle storages and
vehicle releases or disposition.
2. In addition, the Contractor shall maintain accurate records of his/her employees or agents and
provide the City with names and telephone numbers of emergency contact employees.
3. The Contractor shall complete a report each calendar month indicating the number of calls for
service, the number of vehicles towed, the number of vehicles in storage (regular and secure)
and their current status, vehicles released, vehicles sent to lien sale, the status of any other
vehicles or services rendered by the Contractor on behalf of the City, GPS information (if
requested by the City) or any other information as may be required by the City's Project
Manager or designee.
4. A phone log will be submitted monthly of all calls from the Santa Ana Police Department to
the Contractor, identifying whether or not those calls required a request for service, and a
description of the action taken as a result of the call.
5. The Contractor shall provide monthly customer service phone logs from the public, indicating
name, date, time and phone number of caller, reason for the call, any specific requests, the
Contractor's response or action, and the amount of time required to address request. Such
logs shall be accurate and truthful.
RFP No. 21-060 Police Rotational Towing and Storage Services Page 33 of 39
(9)CITY OF SANTA ANA
6. The Contractor shall permit the City to inspect and audit its books and records regarding City
provided services at any reasonable time.
S. AUDITS AND INSPECTIONS
The Chief of Police or his designee shall conduct regular audits and inspections of the Contractor(s)
assigned to this project to ensure they are fulfilling their responsibilities in accordance with the terms
and conditions of this agreement. All work found during such audits or inspections to be substandard
or failing to conform to the requirements of this agreement shall be corrected immediately by the
Contractor and the City shall have the right to immediately suspend the Contractor from the rotation
list until the issue(s) is/are corrected. Failure to correct, as set forth in Section 13, Subsection b, of the
Agreement may result in termination of the contract.
T. INVESTIGATION OF ALLEGED VIOLATIONS, RULES, OR TERMS AND CONDITIONS
OF AGREEMENT
Whenever an alleged violation is lodged against a Contractor or initiated by the Police
Department, the Traffic Commander shall assign a supervisor from the Traffic Division to
investigate any allegations. A fair, impartial and comprehensive investigation shall be conducted
and the findings documented for review. To the extent required by law, the Contractor shall
cooperate fully in the investigation and provide any documentation requested by the investigator
to assist in making a finding. In addition, the Contractor shall be given the opportunity, either
orally or in writing, to respond to the complaint at the point deemed appropriate by the investigator.
The City expects that the Contractor will demonstrate professional business practices and truth
in reporting as it relates to any records or information requested.
Violations shall include, but not be limited to, situations such as poor customer service, failure
to comply with non -safety related terms of the agreement, or minor equipment or facility
deficiencies, situations involving honesty, integrity, safety, security, gross overcharging of a
customer or a pattern of overcharging, failure to comply with the provisions of CVC § 22658
as it relates to PPI's, criminal violations involving such crimes as DUI, drug related offenses,
theft, or any other crimes involving moral turpitude, or significant, repeated or flagrant violations
of this agreement.
If it is determined that criminal charges are appropriate, the assigned investigator shall document
the incident on a crime report and present the case to the appropriate prosecuting authority for
review.
Based on the nature and seriousness of the misconduct being investigated, the Chief of Police
may temporarily suspend the Contractor, or its agent individually, from the rotation list until the
investigation is completed and a proper disposition is reached.
The standard for sustaining a violation made against the Contractor or the Contractor's agent
shall be a preponderance of the evidence, regardless of the nature of the violation. Other
investigative findings may include unfounded (false or factually incorrect), exonerated (action
occurred but was lawful or within the terms of this agreement) or not sustained (inconclusive
due to insufficient evidence or independent witnesses).
All alleged violations shall be forwarded to the Traffic Commander for review. Upon
a determination of a sustained violation, a recommendation for discipline shall be made, if
appropriate.
RFP No. 21-060 Police Rotational Towing and Storage Services Page 34 of 39
(9)
CITY OF SANTA ANA
U. DISCIPLINARY ACTION
The Contractor agrees that failure by the Contractor, or its agent, to comply with the law or terms
and conditions of this agreement shall be cause for disciplinary action. However, nothing in this
agreement shall preclude the City from taking appropriate enforcement action for violations of
the law. Within 60 days of receipt of an alleged violation, the Traffic Commander shall review
the findings of the investigation and recommend disciplinary action, if appropriate. The Traffic
Commander shall take into account the nature of the alleged violation, the findings of the
investigation, past violations made against the Contractor, and/or sustained against the
Contractor, and past practice of the Department to maintain equitable treatment of all
Contractors assigned to the rotational tow list. Depending on the nature and complexity of the
sustained violation, the Traffic Commander may allow the Contractor or designee to provide
a brief written statement for consideration and/or may contact Contractor to ask additional
questions.
Disciplinary action shall typically be progressive in nature and based on the Contractor's record
during the previous 5 years from the date of the sustained violation. Therefore, multiple
violations for similar offenses, regardless of their severity, will result in increased disciplinary
action. However, this does not preclude the Traffic Commander from recommending more
serious disciplinary actions where violations have been committed or there are aggravating
factors associated with the misconduct.
The following actions may be recommended:
1. No further action.
2. Issue a written warning.
3. Impose a suspension for violations (1 to 30-days).
4. Impose a suspension for significant, flagrant, repeated, or multiple violations (30 to 90-days).
5. Termination of the contract for cause and immediate removal from the rotation list.
The Contractor shall be notified in writing of the City's intent to impose disciplinary action. The
Traffic Commander shall have the authority to impose discipline up to and including the imposition
of a suspension for violations as long as the suspension does not exceed 30-days in length.
However, nothing in this article shall preclude the Traffic Commander from reducing
the recommended discipline based on mitigating factors. Recommended suspensions
exceeding 30-days in length or termination from the rotation list shall be approved by the
Field Operations Bureau Commander prior to imposition.
The Traffic Commander may recommend to the Chief of Police the immediate termination of
this agreement if the conduct of the Contractor, or its agents, are determined to pose a
danger to the public, have an excessive number of violations that tax the investigative
resources of the Police Department, or the Contractor's actions reflect negatively upon the City.
V. RIGHT TO APPEAL
Upon receipt of a notice to impose disciplinary action, the Contractor shall have the right to submit
a written appeal within ten (10) business days to the Field Operations Bureau Commander.
Upon receipt of the written appeal, the Field Operations Bureau Commander shall issue
their findings in writing within ten (10) business days. Upon receipt of the Field Operations
Bureau Commander's finding(s), if the Contractor disagrees with the findings, the Contractor's
final remedy is submitting a written final appeal to the Chief of Police with a copy to the Traffic
RFP No. 21-060 Police Rotational Towing and Storage Services Page 35 of 39
(9)CITY OF SANTA ANA
Commander. Upon receipt of the Contractor's final written appeal, the Chief of Police shall issue
a written decision within (10) business days. The decision of the Chief of Police shall be final.
Disciplinary action shall not be imposed until the appeal process has been exhausted. However, if
the conduct of the Contractor is deemed to be so egregious or poses a danger to public
safety, the City may exercise its right to immediately suspend the Contractor as set forth in this
agreement. Failure to submit a written appeal will waive the Contractor's right to
further appeal and disciplinary action shall be imposed.
In the event the City serves the Contractor with Notice of Termination from the Contract and
the Contractor seeks an appeal, the contractor will retain its position on the rotation and
disciplinary action will be delayed pending the appeal process. In the event the CITY elects to
modify the discipline imposed on the Contractor, the Contractor agrees they shall not be entitled
to recover any costs, compensation, damages, losses, and/or expenses of any type or
description from or file a claim against the City, its officers, employees, and appointees, arising
out of or related to, in any manner, a violation alleged against, or discipline imposed upon the
Contractor.
W. SUPERVISION OF CONTRACT AND MEETINGS WITH CITY
All work shall meet with the approval of the Santa Ana Police Department. As determined
necessary by the City, there shall be a minimum of one monthly meeting with the Contractor and
the City representative during the first year to determine progress and to establish areas needing
attention. Status reports of activities performed by the Contractor will be submitted in writing to
the City on a monthly basis or as determined necessary by the City.
Any specific problem area which does not meet the conditions of the specifications set forth in
Exhibit A or the Agreement shall be called to the attention of the Contractor and if not corrected,
may result in the Contractor being found in default of this agreement which may result in
suspension from the rotation list until the issue(s) is/are correct in a manner satisfactory to the
City or termination of the Agreement.
RFP No. 21-060 Police Rotational Towing and Storage Services Page 36 of 39
EXHIBIT B
COMPENSATION
Fee Proposal including hourly rates if applicable
AUTHORIZED TOWING AND STORAGE FEE SCHEDULE*
Service
Fee
Stored Vehicle Release Fee (PD)
$83.93
Class A
$225.00
Class B or Flatbed
$275.00
Class C
$405.00
Class D
$450.00
Dolly, Go -Jacks or Linkage Fee
$60.00
Rollover or Winching Fee
$130.00
Clean-up Fee (fee to City capped at $35.00 per
occurrence)
$60.00
Hazmat Fee (per five (5) gallon bucket)
$115.00
Vehicle Storage Fees (Daily)
Class A — Outside
$70.00
Class A — Inside
$75.00
Class B — Outside
$80.00
Class B — Inside
$85.00
Class C or Class D — Outside
$84.00
Class C or Class D — Inside
$91.00
After Hours Release
50% of the authorized
towing charge
Minimum Service Call or Drop Fee
50% of the authorized
towing charge
Lien Sale
As authorized by the
California Civil and Vehicle
Codes
Mileage (per mile outside the corporate city limits)
$9.00
* Fees indicated herein will become the City's maximum authorized rates effective at the time of
contract implementation; minimum 1 hour.