HomeMy WebLinkAboutMETRO PRO ROAD SERVICES, INC. (4) INSURANCE NOT ON FILE
WORK DAY NOT PROCELD A-2026-113
CITY CLERK
DATE: AUG 2 5 2026
otPID(N)
comer 01�a020 SERVICE AGREEMENT
ROTATIONAL TOW PROVIDER
THIS AGREEMENT is made and entered into on this 4th day of August, 2026 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. On May 5, 2026, the City issued a Request for Proposal No. 26-057 ("UP"), by which it
sought proposals for police rotational towing and storage services
B. Contractor submitted a responsive proposal that was selected by the City. Contractor
represents that it is able and willing to provide services described in the scope of work that
was included in the RFP. The RFP is referenced herein as if incorporated in full.
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 wili 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 clear-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
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information enumerated in California Vehicle Code("CVC")§22651.07(e) and include
the following information:
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: Det. Sgt. Ricardo Diaz—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 annual towing and storage rates 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, 2026 and continue for a one (1) year
tern until August 31, 2027, with the option for the City to grant up to four (4) one (1) year
extension(s), exercisable by a writing by the City Manager and the City Attorney, unless
terminated earlier in accordance with Section 15, below
4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an
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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
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
Insurance requirements are attached hereto as Exhibit C.
G. HOLD HARMLESSANDEMNIFICATION
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
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
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(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
a. 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.
b. No immediate family members of either the Mayor, City Council Member, or any
appointed City Official, including appointed board and commission members, as
defined under the City's Municipal Code, whose position with the City shall award or
influence the award of this Agreement, or any competing contract or amendment
thereof, shall be employed in any capacity by the Contractor or have any other direct
or indirect financial benefit or interest in this Agreement.
c. The section also prohibits the awarding of any agreement, contract, grant, or any
amendment to those awards, to any former full-time employee for one-year from date
of employee separation except for any CalPERS retiree as authorized by City Council
resolution
d. The Contractor must comply with all conflict of interest laws, ordinances, and
regulations now in effect or hereafter to be enacted during the term of this Agreement.
The Contractor warrants that it is not now aware of any facts which conflict with the
prohibitions defined above. If the Contractor hereafter becomes aware of any facts that
might reasonably be expected to create a conflict of interest,it must immediately make
full written disclosure of such facts to the City. Full written disclosure must include,
but is not limited to, identification of all persons implicated and a complete description
of all relevant circumstances. Failure to comply with the provisions of this paragraph
will be a material breach of this Agreement.
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e. Contractor covenants that none of its directors, officers, employees, or agents shall
participate in selecting or administrating any subcontract supported(in whole or in part)
by City funds stemming from the Agreement where the awarding of the subcontract
has any direct or indirect financial benefit or interest to any individual, as defined in
subsections (b) and(c) above.
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,
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.
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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.
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.
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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.
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
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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 because 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:
City Clerk
City of Santa Ana
20 Civic Center Plaza(M-30)
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:
MetroPro Road Services, Inc. Attn:
Bradley Humphreys,President
957 W. 17th Street
Costa Mesa, CA 92626
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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
this Agreement, and shall indemnify City fully, including reasonable costs and
attormey'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. 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: CITY SANTA A A
er all Alvaro Nunez
City Cie City Manager
APPROVED AS TO FORM:
SONIAR. CARVALHO CONTRACTOR:
City Attorney
By:
Bran n Salvatierra Bradl umphreys
Assistant City Attorney Presi ent
RECOMMENDED FOR APPROVAL:
Q - �!:��
Robert Rodriguez
Chief of Police
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EXHIBIT A
SCOPE OF SERVICES
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.
IIL. 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
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CITY OF SANTA ANA
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.
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. 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 Contractor shall also make reasonable accommodations for its personnel to
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CITY OF SANTA ANA
attend meetings with City staff from the Police Department, City Attorney's Office
or any other City Agency as required by the Project Manager.
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.
a. A 20-minute response time is required for 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.
a. The contractor is expected to have a Class A, B, C, and D driver available
at all times.
b. Contractor is expected to have a Class A, B, C, and D tow truck available
at all times.
B. 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
CITY OF SANTA ANA
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.
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.
C. 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.
e. 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 anywork
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's2019-2020 Tow Service
Agreement available at
�.� CITY OF SANTA ANA
hftps://www.chp.ca.gov/ResearchAndPlannin,gSectionSite/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. Contractor is
responsible for providing and running all background checks.
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.
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
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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 ANSMSEA 107-2004.
9. The City's Project Manager or designee shall conduct the final review of all
contract
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.
D. 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 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.
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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. 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.
8. 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.
9. All vehicles shall be kept clean, be free of offensive odors and maintain a
professional appearance.
10. 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.
11. The Contractor agrees that the Santa Ana Police Department may inspect any
vehicle, without prior notice, at any time during normal business hours.
12. The Contractor shall provide instant communication access via cellular phone
or radio to all personnel while performing their duties.
E. 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
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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.
F. CONTRACTOR'S BUSINESS OFFICE REQUIREMENTS
1. 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.
2. 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.
3. 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.
4. The primary facility shall have a sign clearly visible to the public that identifies the
location as a towing service.
5. The business hours shall be clearly posted.
6. The office shall be sufficiently staffed to allow customers to speak with a company
representative during normal business hours without unnecessary delay.
7. Current and approved rates pursuant to the Towing and Storage Fee Schedule shall be
posted
in public view in the Contractor's office and/or storage facility in compliance with
California Civil Code § 3070 and CVC § 22651.07.
8. The Contractor shall comply with the provisions of CVC § 22651.1.
9. 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).
10. The operator's primary business office shall also maintain business records
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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).
11. 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.
12. 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.
13. 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
1. 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 can be within the corporate limits of the City of Santa Ana or no
further than three(3) miles from the corporate City limit 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 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
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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.
T 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.
11. Vehicles towed or stored with an "evidence hold" shall not be touched, moved or
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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
CITY OF SANTA ANA
K. RATES AND FEES
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;
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b. Other services authorized by the City's Project Manager prior to the
performance of said duties.
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 currently does not use dispatch and tracking software for rotational towing
administration.
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The Contractor must be willing to enter into a separate agreement, contract, or license
if the City acquires the use of dispatch and tracking 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 dispatch and tracking
software or any similar software solution.
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. 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
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 thatthe Contractor will respond to calls involving traffic collisions ortraffic
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
F CITY OF SANTA ANA
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. 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.
6. The Contractor shall permit the City to inspect and audit its books and records
regarding City provided services at any reasonable time.
R. 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
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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.
S. 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.
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4�
T. 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 (I 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.
- r M CITY OF SANTA ANA
U. 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
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.
V. 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.
EXHIBIT B
COMPENSATION
Fee Proposal including hourly rates if applicable
AUTHORIZED TOWING AND STORAGE FEE SCHEDULE*
Service Fee
Stored Vehicle Release Fee (PD) NIA
Class A $235.00
Class B or Flatbed $287.00
Class C $421.00
Class D $468.00
Dolly, Go-Jacks or Linkage Fee $62.00
Rollover or Winching Fee $136.00
Clean-up Fee (fee to City capped $62.00
at $35.00 per occurrence
Hazmat Fee (per five (5) gallon $119.00
bucket
Vehicle Storage Fees(Daily)
Class A—Outside $72.00
Class A— Inside $79.00
Class B—Outside $84.00
Class B— Inside $89.00
Class C or Class D—Outside $88.00
Class C or Class D-- Inside $95.00
50% of the
After Hours Release authorized
towing charge
50% of the
Minimum Service Call or Drop Fee authorized
towing charge
As authorized by
Lien Sale the California Civil
and Vehicle Codes
Mileage (per mile outside the $9.00
corporate city limits)
Fees indicated herein will become the City's maximum authorized rates effective at the time of
contract implementation; minimum 1 hour.
5j,c� .a1 Poliu D parl])-IL�1,[ EXHIBIT 2
tiL�t�ion 1 24)
EXHIBIT C
INSURANCE REQUIREMENTS
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CITY OF SANTA ANA
EXHIBIT 3 -
INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the agreement, the following insurance coverages:
MINIMUM SCOPE AND LIMIT OF INSURANCE
Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as
broad as:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an
"occurrence" basis, including products and completed operations, property damage, bodily injury and
personal &advertising injury with limits no less than$2,000,000 per occurrence and$4„000,000 aggregate.
• Commercial Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any
auto), with combined single limits of $1,000,000. In the event Contractor does not maintain commercial
automobile liability insurance, City will accept evidence of personal automobile insurance, provided that
such policy is endorsed for business use and provides coverage with a minimum limit of $1,000,000.
Required policy limits can be met with primary and umbrella/excess insurance policies.
• Workers'Compensation(WC): as required by the State of California,with statutory limits, and Employer's
Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily
injury or disease. This requirement can be waived if Contractor has no employees. Contractor attests that
its workers' compensation coverage extends to all persons who will be working with the City under the
agreed scope of services.
• Garagekeeper's Legal Liability:with a limit not less than $1,000,000 combined single limit per occurrence
and $2,000,000 aggregate.
Suppose Contractor maintains broader coverage and/or higher limits than the minimums shown above, In that
case, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by
Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents,
and volunteers are to be covered as additional insureds with respect to liability arising out of work or
operations performed by or on behalf of the Contractor including materials, parts, equipment, and
personnel furnished in connection with such work or operations.
2. CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against
City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under
the terms of any policy which arise from work performed by Contractor for City.
3. All required insurance policies: For any claims related to this contract, Contractor's insurance
coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials,
employees, agents, or volunteers shall not contribute with it.
4. All required insurance policies: A severability of interest provision must apply for all the additional
insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a
claim is made or suit is brought, except with respect to the insurer's limits of liability.
FOR PROPOSER'S REFERENCE ONLY
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CITY OF SANTA ANA
5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended,
voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except
after thirty(30) days prior written notice has been given to City. Ten (10) days prior written notice
shall be provided to City for policy cancellation or non-renewal due to non-payment.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention:
(Name of Department Staff Responsible for Agreement), Address of Department Responsible for
Agreement, M-XX, Santa Ana, CA 92701. The name and location of event should be included in the
Description of Operations section of each certificate.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. City may require Contractor to
purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations,
claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state of California with a current
A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
Verification of Coverage
Contractor shall furnish City with original Certificates of Insurance including all required amendatory
endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a
copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity
before work begins. However, failure to obtain the required documents prior to the work beginning shall not
waive Contractor's obligation to provide them. City reserves the right to require complete, certified copies of
all required insurance policies, including endorsements required by these specifications, at any time.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The retroactive date must be shown and must be before the date of the contract or the beginning of work.
2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after
completion of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a
retroactive date prior to the contract effective date, Contractor must purchase"extended reporting"coverage
for a minimum of three (3) years after completion of work.
Subcontractors
Contractor shall require and verify that all sub-contractors maintain insurance meeting all the
requirements stated herein, and Contractor shall ensure that City is an additional insured on
insurance required from sub-contractors.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior
experience, insurer, coverage, or other special circumstances.
FOR PROPOSER'S REFERENCE ONLY