Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
La Costa Towing & Recovery DBA La Costa; 2025-03-20;
Page 1 City Attorney Approved Version 5/22/2024 AGREEMENT FOR AS NEEDED TOWING SERVICES LA COSTA TOWING & RECOVERY DBA LA COSTA TOWING, INC. THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 20___, by and between the City of Carlsbad, California, a municipal corporation ("City") and La Costa Towing & Recovery DBA La Costa Towing, a California Corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in lawful towing and vehicle storage. B. Contractor has the necessary experience in providing professional services and advice related to the lawful towing and storage of vehicles. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A," which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three (3) years from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional two (2) years or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the Agreement term shall not exceed thirty thousand dollars ($30,000.00) per Agreement year. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed thirty thousand dollars ($30,000.00) per Agreement year. Docusign Envelope ID: 897B1565-6532-4F1E-883E-DBF830C6ACFC March 25 20th Page 2 City Attorney Approved Version 5/22/2024 Incremental payments, if applicable, should be made as outlined in attached Exhibit "A." 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code Section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault. Docusign Envelope ID: 897B1565-6532-4F1E-883E-DBF830C6ACFC Page 3 City Attorney Approved Version 5/22/2024 The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Garage Keepers Legal Liability. $200,000, including “on-hook” coverage, to protect vehicles in their care, custody and control, with limits of liability not less than actual value of all vehicles owned by others, in the Contractor’s case, custody and control. Coverage shall be on a Direct Primary Basis. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: Docusign Envelope ID: 897B1565-6532-4F1E-883E-DBF830C6ACFC Page 4 City Attorney Approved Version 5/22/2024 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 If Contractor maintains higher limits than the minimums shown above, the City requires and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to the City.” 10.2.4 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. Docusign Envelope ID: 897B1565-6532-4F1E-883E-DBF830C6ACFC Page 5 City Attorney Approved Version 5/22/2024 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City: For Contractor: Name Alonso DeVelasco Name Wamidh Tamero Title Police Lieutenant Title Owner Dept Police Address 3189 Tyler Street CITY OF CARLSBAD CARLSBAD, CA 92008 Address 2560 Orion Way Phone 760-730-0348 Carlsbad, CA 92010 Email tamerowally@lacostatowing.com Phone 442-339-5578 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes ☐ No ☒ If yes, list the contact information below for all individuals required to file: Name Email Phone Number 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Docusign Envelope ID: 897B1565-6532-4F1E-883E-DBF830C6ACFC City Attorney Approved Version 5/22/2024 Page 6 Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. Docusign Envelope ID: 897B1565-6532-4F1E-883E-DBF830C6ACFC City Attorney Approved Version 5/22/2024 Page 7 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 24. JURISDICTION AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than the City and Contractor. 27. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may be executed in counterparts. Docusign Envelope ID: 897B1565-6532-4F1E-883E-DBF830C6ACFC City Attorney Approved Version 5/22/2024 Page 8 28. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Executed by Contractor this___________ day of _______________________, 20____. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California La Costa Towing & Recovery DBA La Costa Towing , a California Corporation By: By: (sign here) Police Chief Wamidh Tamero / Owner (print name/title) ATTEST: By: SHERRY FREISINGER, City Clerk (sign here) By: Deputy City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: _____________________________ Assistant City Attorney Docusign Envelope ID: 897B1565-6532-4F1E-883E-DBF830C6ACFC 250320 City Attorney Approved Version 5/22/2024 Page 9 EXHIBIT A SCOPE OF SERVICES AND FEE As needed towing services will be provided to the Carlsbad Police Department. General Contractor shall perform towing or towing and storage of vehicles originating within the City of Carlsbad and to locations either within the City of Carlsbad or any other location within the County of San Deigo as directed by the Carlsbad Police Department (CBPD). Services that may be provided include, but are not restricted to, towing of vehicles that are stored, disabled, posing traffic hazards, involved in collisions, parked for over 72 hours, experiencing vehicle lockouts, abandoned, subject to abatement, deemed junk vehicles, requiring jump-starts, need flat tire repairs, or impounded as part of evidence or other criminal investigations. Rotation The CBPD Traffic Lieutenant has designated the Contractor's rotation to cover the initial two weeks of each month, spanning from the first day through the fifteenth day. Tow Truck Specifications A. Contractor shall equip and maintain tow trucks in accordance with the provision set forth in the California Vehicle Code (CVC), Title 13 of the California Code of Regulation (CCR), the specifications contained in this Agreement, and in a manner consistent with industry standard and practices. Contractor shall maintain at least one Class B tow truck in their fleet. B. There will be four classes of tow trucks covered under this Agreement: Class Description GVWR (Gross Vehicle Weight Rating) Class A Light Duty At least 14,000 lbs. Class B Medium Duty At least 26,001 lbs. Class C Heavy Duty At least 33,001 lbs. Class D Super Heavy Duty At least 50,000 lbs. C. The tow truck must meet all applicable state and federal standards. D. Each piece of towing equipment shall have a label or identification tag permanently affixed to the equipment in a prominent location to identify the manufacturer, serial number, model, and rated capacity. E. All controls shall be clearly marked to indicate proper operation and any special warnings or cautions. Docusign Envelope ID: 897B1565-6532-4F1E-883E-DBF830C6ACFC City Attorney Approved Version 5/22/2024 Page 10 Tow Truck Drivers A. Contractor shall ensure that tow truck drivers responding to calls initiated by CBPD are qualified and competent employees of La Costa Towing, Inc. B. Contractor shall ensure that tow truck drivers are trained and proficient in operating the tow truck and associated equipment, including all necessary procedures for safely towing and recovering various types of vehicles. C. Tow truck drivers shall be at least 18 years of age and possess the proper class license and endorsements for any vehicle they operate. D. Tow truck drivers shall maintain a reasonable standard of personal appearance and hygiene. E. Tow truck drivers shall wear an identifiable uniform shirt displaying the company and driver's names while engaged in CBPD tow operations. F. Tow truck drivers shall wear a safety vest or reflective clothing, meeting Occupational Safety and Health Administration (OSHA) requirements. G. Contractor shall provide a current list of its drivers to CBPD upon implementation of this Agreement. Contractor shall notify CBPD upon any change in driver status, including the addition of any new drivers, or the deletion of any drivers. H. All tow truck drivers shall be enrolled in the Pull Notice Program. Upon adding new drivers, Contractor will be granted up to 30 days to enroll drivers in the Pull Notice Program. Pull Notices shall be kept on file, signed, and dated by Contractor. CBPD may require Contractor to provide copies of Pull Notice Reports. I. Contractor is responsible for collecting and removing miscellaneous collision debris associated with vehicles being towed. To ensure all necessary services have been performed, Contractor will consult with on-scene City employee(s) before departing. J. Contractor shall be responsible for all acts of their employees while those employees are performing services for the City. K. Contractor's employees shall perform in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. Demeanor and Conduct While involved in CBPD tow operations or related business, Contractor and its employees shall refrain from any acts of misconduct including, but not limited to the following acts: 1. Rude of discourteous behavior. 2. Lack of service, selective service, or refusal to provide service that the operator is or should be capable of performing. 3. Any act of sexual harassment or sexual impropriety. 4. Unsafe driving practices. 5. Exhibiting any objective symptoms of alcohol and/or drug use. If the odor of an alcoholic beverage is emitted from the driver’s breath, the driver shall submit to a preliminary alcohol screening (PAS) test upon demand of CBPD. Docusign Envelope ID: 897B1565-6532-4F1E-883E-DBF830C6ACFC City Attorney Approved Version 5/22/2024 Page 11 Response to Calls A. Contractor shall respond to requests for towing services with a maximum response time of thirty (30) minutes from receiving the request from CBPD dispatch. Response time is computed from the time the police dispatcher notifies the Contractor until the time the tow truck arrives on the scene. B. Contractor shall respond to calls 24 hours a day, 7 days a week, within the stated response time in section A above. C. Contractor must inform CBPD dispatch immediately upon notification if they cannot respond or meet the required response time. If, after accepting the call, the Contractor cannot respond or will be delayed, they must promptly notify CBPD. The Contractor is prohibited from assigning any calls to other tow operators. D. If the Contractor fails to answer the phone, is unable to respond, cannot perform the required service, declines to respond or provide service, or is canceled due to excessive response time, CBPD will contact another Contractor for assistance. E. If the Contractor is temporarily unable to provide services due to a preplanned or scheduled activity, they must notify CBPD at least 24 hours before the unavailability, specifying the dates and times affected. F. Contractor shall respond with a tow truck of the class required to tow the vehicle as specified by CBPD. G. Failure to respond or perform the required towing service or repeated failure to meet the maximum response time requirement will be considered non-compliance with the terms and conditions of this Agreement and may lead to suspension or termination. H. Contractor’s employees responding to calls shall perform the towing or service required for which they were called unless the requested equipment is inadequate for the services to be performed. If the requested equipment is inadequate, Contractor will notify CBPD’s supervisor on site or Dispatch if supervisor is not available. I. If the Contractor is canceled by CBPD at any point, including up to and after arriving on the scene but before a tow occurs, no charges will be incurred. Additionally, if the CBPD requests the Contractor on behalf of a vehicle owner/operator and the owner/operator declines service before the Contractor takes possession of the vehicle, no charges will apply. J. Only the requested tow truck personnel and equipment shall respond to a CBPD call. However, there may be instances where the initial Contractor requires the assistance of an additional contractor at the scene. In such cases, the request must be routed through CBPD. Rates A. At the time of service, Contractor must charge the current California Highway Patrol (CHP), Oceanside Area, Tow and Private Property Impound rates. If Contractor charges rates above the current rate, Contractor will be in violation of the Agreement and subject to disciplinary action. Contractor nor its employees should claim or imply that the rates are determined by CBPD or the City of Carlsbad. Docusign Envelope ID: 897B1565-6532-4F1E-883E-DBF830C6ACFC City Attorney Approved Version 5/22/2024 Page 12 B. Periodically, CHP may adjust the schedule of tow fees and private property impound rates. When these rates are updated, the Contractor may begin charging the new CHP rates after notifying the Traffic Lieutenant in writing. C. The current and approved schedule of rates charged by the Contractor shall be available in the tow truck and shall be presented upon demand to the person(s) for whom the tow services were provided, their agent, or any CBPD employee at the scene. D. Contractor shall base towing charges upon the class of the vehicle being towed, regardless of the class of truck used, except when vehicle recovery operations require a larger class truck. E. Contractor shall prominently display a sign at all cashier stations, as described in Section 3070(E) of the California Civil Code, disclosing all storage fees and charges, including the maximum storage rate. F. Vehicles stored for 24 hours or less shall be charged no more than one-day storage. G. The registered owner of the towed or towed and stored vehicle shall be responsible for the contractor's towing or towing and storage fees. H. Towing fees related to vehicles impounded as evidence will be the responsibility of the City. Any storage fees incurred after the evidence hold is released is the responsibility of the registered owner. I. All lien sales shall be performed in accordance with the California Civil Code. Storage Facility Contractor’s business office and storage facility must be located within one mile of each other and within the City limits of Carlsbad. An additional storage yard within a 5-mile radius of the City limits may be used if the vehicle is too large for the Carlsbad lot or has been at the Carlsbad lot for 15 days or more. The business office and storage facility should operate during normal business hours. For the purpose of this Agreement, "normal business hours" shall be defined as at least 8 a.m. to 5 p.m., Monday through Friday, except for the following City-recognized holidays: New Year’s Day, Martin Luther King Jr.'s Birthday, President’s Day, Memorial Day, Independence Day, Labor Day, Indigenous People’s Day, Veteran’s Day, Thanksgiving Day, Thanksgiving Friday, and Christmas Day. Business Records A. Contractor shall maintain records of all tow services provided. The records will be maintained at the Contractor’s business office within the Carlsbad city limits. At a minimum, invoices shall include a description of each vehicle, the nature of the service, start and end times, the location of the call, itemized costs of towing and storage, the tow driver’s name, and the truck used. B. CBPD may inspect all operator records without prior notice during normal business hours. C. Contractor shall allow CBPD to make copies of business records at Contractor’s business office or to remove business records for reproduction purposes. CBPD shall provide a receipt for any original records removed from the business office. D. Failure of the Contractor to comply with the business record inspection requirements shall be cause for disciplinary action which can include suspension or termination this Agreement. Docusign Envelope ID: 897B1565-6532-4F1E-883E-DBF830C6ACFC City Attorney Approved Version 5/22/2024 Page 13 Release of Vehicle If a “police hold” has been placed on a vehicle, the vehicle will not be released without first obtaining a “VEHICLE IMPOUND RELEASE” from the CBPD. Release of Property A. The contractor shall be responsible for the security of vehicles and property at the storage location. The contractor is also responsible for the reasonable care, custody, and control of any property contained in towed or stored vehicles. B. Contractor shall be responsible for maintaining a security surveillance system. CBPD is permitted to inspect the surveillance system and review surveillance footage if necessary. C. Vehicles and/or personal property shall be released from stored vehicles at the primary storage facility or place of business upon request of the registered owner or an individual with legal entitlement to the vehicle and/or property, upon presentation of valid identification. D. Contractor shall furnish any information required by claimant to release the impounded vehicle including confirming its possession, providing directions to its location, outlining the methods for its release, specifying required documentation, detailing applicable charges and fees, and specifying the terms of payment. E. Vehicles impounded by CBPD for investigative purposes shall be held in a maximally secured, surveilled and kept in a non-public area of the Contractor’s property until the vehicle is released by CBPD order. No one except a CBPD officer or CBPD evidence technician is permitted to remove any property or contents from these vehicles. When property is removed from the vehicles, it must be documented on the receipt and inventory form. This inventory must be dated and signed by both a representative of the Contractor and the police officer or evidence technician who removes the property. F. Contractor must receive approval from CBPD before removing any personal property from an impounded vehicle and must provide CBPD with a receipt, with a copy left in the vehicle. 1. This requirement may not be waived for vehicles impounded as evidence or investigation. 2. Contractor shall release personal property from an impounded vehicle at the request of the vehicle’s registered owner or agent. Personal property refers to items that are not attached to the vehicle. Responses to these requests are mandatory on weekends, holidays, and outside normal business hours. 3. There will be no charge for the release of personal property during normal business hours. Contractors may charge an after-hours release fee consistent with the after- hours vehicle release provisions contained in California Vehicle Code Section 22658. 4. Cargo shall be released upon demand of the carrier or pursuant to a court order. G. Contractor’s employees shall be properly trained to conduct business transactions related to towing, storage, and release of vehicles and personal property. Vehicle Damage or Property A. CBPD will provide CHP180 Impound and Storage forms to the Contractor for tows and impounds. Contractor shall be responsible for any damage to the vehicle while it is in their sole Docusign Envelope ID: 897B1565-6532-4F1E-883E-DBF830C6ACFC City Attorney Approved Version 5/22/2024 Page 14 possession. Any damage not noted in the remarks section of the CHP180 form will be considered the Contractor’s responsibility. B. Contractor shall be responsible for all property belonging to the vehicle as identified in the receipt and inventory form and the CHP180 form. Loss of property which occurs after Contractor has arrived on scene will be the sole and undisputed responsibility of Contractor. Compliance with Law A. At all times Contractor and its employees shall comply with federal, state, and local laws and ordinances. Any flagrant traffic violation may be cause for immediate disciplinary action against Contractor and the involved employee(s). B. Any conviction of a Contractor’s employee involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a drug- related offense, felony or misdemeanor driving while under the influence of alcohol or a controlled substance while involved in a CBPD tow shall be cause for removal of the employee from the list of current CBPD tow drivers and may be grounds for immediate termination of this Agreement. C. If the Contractor’s employee is arrested or charged with any of the above crimes, it may result in the immediate suspension of this Agreement until the case is adjudicated. Financial Interest A. The sale or transfer of the controlling interest in a company shall immediately terminate the Agreement. A new owner may apply for a new Agreement at any time during the remainder of the current Agreement term. B. A terminated or suspended Contractor shall not be eligible for a new Agreement during the duration of the suspension or termination. Collusion A. Contractor shall not conspire, attempt to conspire, or commit any other act of collusion with any other contractor for the purpose of secretly, or otherwise, establishing an understanding regarding rates or conditions to the Agreement that would bring about any unfair condition which could be prejudicial to CBPD, the motoring public, or other contractors. B. A finding by CBPD that any Contractor has been involved in collusion shall be cause for nullification of the Agreement. Any contractor found to be involved in any act, or attempted act of collusion, shall be disqualified from participating in an Agreement with CBPD for the current term, plus three (3) years. C. Any such finding shall be governed by the Disciplinary Action, Term of Disciplinary Action and Hearing/Appeal Sections below. Disciplinary Action A. All CBPD-related tow service complaints received by CBPD against Contractor or its employees will be accepted and investigated in a fair and impartial manner. Contractor will be notified of the results of any investigation. Docusign Envelope ID: 897B1565-6532-4F1E-883E-DBF830C6ACFC City Attorney Approved Version 5/22/2024 Page 15 B. If criminal charges are a possibility, CBPD will either conduct the investigation to its conclusion or assist the lead investigating agency. If justified, CBPD will request prosecution. C. The Traffic Lieutenant shall take disciplinary action against Contractor for violations investigated and sustained. Unless otherwise noted, the Traffic Lieutenant shall determine the period of suspension. The Traffic Lieutenant shall retain discretion regarding the length of any suspension imposed pursuant to the terms and conditions of this Agreement. D. Record of violations shall be retained by CBPD for at least 24 months. E. A violation of the equipment requirements related to safety shall be cause for immediate suspension. The suspension will remain in effect until it has ended and Contractor has remedied any such safety violations. CBPD shall inspect the remedial work to confirm the Contractor is in compliance. F. A violation of the Gross Vehicle Weight Rating (GVWR) and safe loading requirements of a tow truck may be cause for immediate suspension. This includes exceeding the tow truck’s GVWR, front axle weight rating, rear axle weight rating, maximum tire weight ratings, or not maintaining fifty (50) percent of the tow truck’s laden front axle weight on the front axle when in tow. G. A violation of intentionally overcharging or a pattern of overcharging shall be cause for suspension. The suspension will remain in effect until the period of suspension is completed and Contractor has presented proof to CBPD that reimbursement has been made to the customer. H. Any unsatisfactory rating based upon any safety violation of the Biennial Inspection of Terminals (BIT) Program shall be cause for suspension. The suspension will remain in effect until the period of suspension is completed and the operator has presented proof of compliance with the BIT requirements. I. Failure of Contractor to comply with the Biennial Inspection of Terminals requirement of this Agreement will result in a suspension. The suspension will remain in effect until the period of suspension is completed and the Contractor has complied with the inspection requirement. J. Failure of Contractor to send qualified and competent tow drivers to CBPD calls shall be cause for suspension. The suspension will remain in effect until the period of suspension is completed and the Contractor has presented proof to CBPD that the tow driver is qualified and competent. K. Failure of Contractor to maintain the minimum insurance requirements set forth in the Agreement will immediately result in termination of this Agreement. L. Except for conduct that would lead to an immediate termination of this Agreement, any alleged violation will be investigated by CBPD. The Contractor will be notified in writing of CBPD's findings within 30 calendar days after the investigation concludes. Docusign Envelope ID: 897B1565-6532-4F1E-883E-DBF830C6ACFC City Attorney Approved Version 5/22/2024 Page 16 Term of Disciplinary Action A. Except as specifically state in the Agreement, minor violations of the terms and conditions of the Agreement may be cause for disciplinary action in the following manner: Violation Number Violation Period Consequence First Violation Within 12 months Letter of reprimand Second Violation Within 12 months 1 to 30-day suspension Third Violation Within 12 months 60 to 90-day suspension Fourth Violation Within 12 months Termination of the Agreement If deemed appropriate and in lieu of termination, CBPD may, in its sole discretion, impose an additional suspension for a longer period. B. Nothing in this document shall prevent the Traffic Lieutenant from immediately suspending any Contractor or Contractor’s employee whose conduct, in the Traffic Lieutenant's sole discretion, poses a danger to the motoring public, threatens public safety or welfare, or who has engaged in conduct constituting a flagrant violation of the Agreement. C. In the event of a material breach of this Agreement, the City may immediately terminate this Agreement and the Contractor shall not be permitted to a hearing or appeal nor shall the Contractor be given a period of time to cure the material breach. Hearing/Appeal A. If CBPD serves the Contractor with disciplinary action, excluding notice of termination of this Agreement, the Contractor may request a hearing within seven (7) business days by submitting a written request to the Chief of Police. Upon receiving the written request, the hearing will be promptly scheduled. The Chief of Police or designee will conduct the hearing, allowing the Contractor to present all relevant facts and circumstances supporting its position. The Chief of Police's decision(s) will be communicated to the Contractor in writing within ten (10) business days following the hearing's completion date. B. After a hearing, if the Contractor is not satisfied with the Chief of Police's decision(s), it may appeal by submitting a written request to the City Manager within ten (10) business days. The appeal will be scheduled promptly upon request. The City Manager or designee will conduct the appeal, affording the Contractor the same rights as provided at the Chief of Police level. The Contractor will receive written notification of the City Manager's decision(s) within thirty (30) business days from the appeal date. The decision of the City Manager represents the final level of administrative appeal. C. A suspension shall not take effect until the hearing and appeal process have been exhausted, except if Contractor’s conduct is deemed to be a danger to the motoring public or who continues to violate the terms and conditions of this Agreement, at the sole discretion of the Traffic Lieutenant. Docusign Envelope ID: 897B1565-6532-4F1E-883E-DBF830C6ACFC City Attorney Approved Version 5/22/2024 Page 17 D. If Contractor fails to request a hearing or appeal within the specified time frame or fails to appear at a scheduled hearing or appeal, the action taken by the Traffic Lieutenant shall be final and the suspension shall take effect upon written notification to the Contractor. Docusign Envelope ID: 897B1565-6532-4F1E-883E-DBF830C6ACFC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBRWVDADDLINSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION$ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCEDAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY Carlsbad, CA 92010 2560 Orion Way City of Carlsbad City of Carlsbad is additional insured as per attached (CG 20 26 04 13). ded 2,000comp & coll ded 1,000$150,000 ded 500/2500$150,000 05/14/2505/14/24K2GP530054x Garagekeepers On-Hook/Cargo Physical Damage A 1,000,000 05/14/2505/14/24K2GP530054x UM $60k A 2,000,000 2,000,000 1,000,000 5,000 100,000 1,000,000 05/14/2505/14/24K2GP530054xPremisesA 42390AmGuard Insurance Company Carlsbad, CA 92008 3189 Tyler Street La Costa Towing & Recovery, Inc. mark@seacrestins.com (949)951-0181(949)951-5900 Mark Cruz License #:0E02031 Laguna Hills, CA 92654 PO Box 3156 SEA CREST INSURANCE AGENCY 02/20/25 Docusign Envelope ID: 897B1565-6532-4F1E-883E-DBF830C6ACFC City of Carlsbad K2GP530054 Docusign Envelope ID: 897B1565-6532-4F1E-883E-DBF830C6ACFC © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ACORD 25 (2016/03) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTEDEACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED HIRED AUTOS ONLY NON-OWNEDAUTOS ONLY AUTOS AUTOS ONLY COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSDADDL WVDSUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Acct#:3064749 5/3/2024 USI Insurance Services, LLC 844-290-49082502 N Rocky Point Drive Tampa, FL 33607 BBSIcerts@locktonaffinity.com Ace American Insurance Company 22667 LA COSTA TOWING & RECOVERY INC.3189 Tyler St,Carlsbad, CA 92008 A C55625049 4/26/2024 5/1/2025 X 2,000,000 2,000,000 2,000,000 Policy State = CA Proof Of Workers' Comp Insurance Docusign Envelope ID: 897B1565-6532-4F1E-883E-DBF830C6ACFC WAIVER REQUEST FORM FACTORS IN SUPPORT OF REQUEST TO MODIFY INSURANCE REQUIREMENT(S) Generally, a modification to the coverage requirement will be accepting a lower limit of coverage or waiving the requirement(s). Requested by: (Name and Department) (Date) Proposed modification(s) to the __________________ requirement(s) for (Type of insurance) (Name of contract) Reduce coverage to the amount of: $ . Waive coverage Other: FACTOR(S) IN SUPPORT OF MODIFICATION(S) (check those that apply) Significance of Contractor: Contractor has previous experience with the City that is important to the efficiency of completing the scope of work and the quality of the work-product. [explain] Significance of Contractor: Contractor has unique skills and there are few if any alternatives. [explain: include number of candidates RFP sent to and number responded if applicable] Contract Amount/Term of Contract: $ . Work will be completed over a period of . Professional Liability coverage is not available to this contractor or would increase the cost of the contract by $ [explain]. Other (e.g. explain why exposures are minimal, how exposures are covered in another policy, exposure control mechanisms, and any other information pertinent to your request): Approved by Risk Manager for this contract only: (Signature) (Date) Amanda Simpson, Police 03/12/2025 Auto/Garage Keepers Police Department towing services ■1,000,000/150,000 Docusign Envelope ID: 897B1565-6532-4F1E-883E-DBF830C6ACFC 3/13/2025