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S & R Towing; 2019-01-04;
AGREEMENT FOR TOWING CONTRACT SERVICES S&RTOWING r_ THIS AGREEMENT is made and entered into as of the ~ day of -=:)cA\l\).A.,~ , 20__i!, by and between the CITY OF CARLSBAD, a municipal corporation, (" , y"), and S & R Towing, a California Corporation, ("Contractor"). RECITALS A. City requires the professional services of a towing service company that is experienced in lawful towing and storage of vehicle. 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. D. Contractor has submitted a Statement of Qualifications (SOQ) 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 one ( 1) year from the date first above written. The City Manager may amend the Agreement to extend it for three (3) additional one (1) year periods 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. CONSIDERATION The consideration for the agreement is the City's willingness to contact Contractor and Contractor's willingness to perform tow services as required in this Agreement. City shall not be liable for tow, storage or other fees associated with this Agreement. All towing, storage and related fees are the responsibility of the owner of the vehicle or owners' agenUrepresentative. Contractor shall only charge those fees set forth in the Tow Storage and Fee Schedule in Exhibit "A." City Attorney Approved Version 6/12/18 9 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 indemnify and hold harmless the City and its officers, 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. 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 City Attorney Approved Version 6/12/18 10 (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 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the 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 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 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: 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 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 City Attorney Approved Version 6/12/18 11 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 three (3) 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. 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. For City Name Matt Lowe Title Sergeant Carlsbad Police Department _D_e~pa_rt_m_e_nt _____ _ Address 2560 Orion Way Carlsbad PhoneNo. 760.931.2131 For Contractor Name Charles Russell Title CFO/Sec. Address 3199 Tyler Street Carlsbad, CA 92008 Phone No. 760.722.6686 Email 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. City Attorney Approved Version 6/12/18 12 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 in all categories. YesD NoO 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. 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. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. 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. 20. 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. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event 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 City Attorney Approved Version 6/12/18 13 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. 21. 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. 22. 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. 23. JURISDICTION AND VENUE 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. 24. 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. 25. 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. City Attorney Approved Version 6/12/18 14 26. 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. CONTRACTOR (sign here) f"<:\c...-~~N, C:,n (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By~-/~ Chief of Police Neil Gallucci BARBARA ENGLESON City Clerk 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 Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, 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: CELIA A. BREWER, City Attorney BY:~r&_J l~ Assistant City Attorney City Attorney Approved Version 6/12/18 15 EXHIBIT "A" SCOPE OF SERVICES 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 Diego as directed by the Carlsbad Police Department (CPO). Services to be rendered may include, but are not limited to, towing vehicles that are: stored, disabled, traffic hazards, traffic collisions, vehicles parked over 72 hours, vehicle lockouts, abandoned vehicles, abated vehicles, junk vehicles, and for vehicles impounded for evidence or other criminal investigations; or are in need of jump-starts or flat tire repairs. ROTATION The Chief of Police will set the type of rotation worked by Contractor. 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. Contractors shall maintain at least one Class B tow trucks in their fleet. B. There will be four classes of tow trucks covered under this Agreement. 1. Class A-Light Duty. A tow truck that has a manufacturer's Gross Vehicle Weight Rating (GVWR) of at least 14,000 pounds. 2. Class B -Medium Duty. A tow truck that has a manufacturer's GVWR of at least 26,001 pounds. 3. Class C -Heavy Duty. A tow truck that has a manufacturer's GVWR of at least 33,001 pounds. 4. Class D -Super Heavy Duty. A tow truck that has a manufacturer's GVWR of at least 50,000 pounds. C. The tow truck must meet all applicable state and/or 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, as well as any special warning or cautions. City Attorney Approved Version 6/12/18 16 TOW TRUCK DRIVERS A. Contractor shall ensure that tow drivers responding to calls initiated by CPD are qualified and competent employees of the Contractor's company. B. Contractor shall ensure that tow drivers are trained and proficient in the use of the tow truck and related equipment, including, but not limited to, the procedures necessary for the safe towing and/or recovery of the various types of vehicles serviced. C. Tow drivers shall be a least 18 years of age and shall possess the proper class license and endorsements for the towed and towing vehicle. D. Tow drivers shall maintain a reasonable standard of personal appearance and hygiene. E. Tow drivers shall wear an identifiable uniform shirt displaying the company and driver's names while engaged in CPD tow operations. F. Tow drivers shall wear a safety vest or reflectorized clothing, meeting Occupationa I Safety and Health Administration (OSHA) requirements. G. Contractor shall provide a current list of drivers to CPD upon implementation of this Agreement. Contractor shall notify CPD upon any change in driver status, including the addition of any new drivers, or the deletion of any drivers. H. All tow drivers shall be enrolled in the Pull Notice Program. Upon the addition of new drivers, Contractor will be granted a maximum of 30 days to enroll drivers in the Pull Notice Program. Pull Notices shall be kept on file, signed, and dated by Contractor. CPD 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 that 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 CPD tow operations or related business, Contractor and/or employees shall refrain from any acts of misconduct including, but not limited to, the following: City Attorney Approved Version 6/12/18 17 1. 2. 3. 4. 5. Rude or discourteous behavior. Lack of service, selective service, or refusal to provide service that the operator is or should be capable of performing. Any act of sexual harassment or sexual impropriety. Unsafe driving practices. Exhibiting any objective symptoms of alcohol and/or drug use. If the odor of an alcoholic beverage is emitting from the driver's breath, the driver shall submit to a preliminary alcohol-screening (PAS) test upon demand of CPO. RESPONSE TO CALLS A. Contractor on rotation shall respond to requests for towing services with a maximum response time of thirty (30) minutes from the time of receiving the request from CPO 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, seven days a week, within the stated response times. C. Contractor shall advise CPO dispatch, at the time of notification, if they are either unable to respond or unable to meet the maximum response time. If, after accepting the call, Contractor is unable to respond or will be delayed in responding, Contractor shall immediately notify CPD. Contractor shall not assign any calls to other tow operators. D. When Contractor fails to answer the phone, is unable to respond, is unable to perform the required service, declines to respond or provide service, or is cancelled due to excessive response time CPO will contact another Contractor for service. Failure to respond to perform the required towing or service and/or repeated failures to meet the maximum requirement shall constitute failure to comply with the terms and conditions of this Agreement and may result in suspension or termination. E. When Contractor will be temporarily unavailable to provide services due to a preplanned or scheduled activity, the Contractor shall notify CPO at least 24 hours prior to the date the services will be unavailable, noting the times and dates of the unavailability. F. Contractor shall respond with a tow truck of the class required to tow the vehicle specified by CPO. G. Failure to respond to perform the required towing or service and/or repeated failures to meet the maximum response time requirements shall constitute failure to comply with the terms and conditions of this Agreement. H. Contractor's employees responding to a call shall perform the towing or service required for which they were called unless the requested equipment is inadequate for the service to be performed. I. If Contractor is cancelled by CPO, up to and including arrival on scene that does not result in a tow, there shall be no charges. If CPD requests Contractor on behalf of a vehicle City Attorney Approved Version 6/12/18 18 owner/operator and the vehicle owner/operator declines service prior to the Contractor's possession of the vehicle, no charges will apply. J. Only the tow truck personnel and equipment requested shall respond to a CPD call. However, there may be times when the Contractor assigned to the initial call may require the assistance of an additional Contractor at the scene. Such a request shall be routed through CPD. RATES A Any Contractor who charges rates above the current (at the time service is provided) California Highway Patrol (CHP), Oceanside Area, Tow and Private Property Impound rates for a CPD call shall be in violation of the Agreement and subject to disciplinary action. B. The approved schedule of rates charged by 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 CPD employee at the scene. C. Contractor shall base towing charges upon the class of vehicle being towed, regardless of the class of truck used, except when vehicle recovery operations require a larger class truck. D. Contractor shall display in plain view at all cashiers stations, a sign as described in Section 3070(E) of the California Civil Code, disclosing all storage fees and charges, including the maximum storage rate. E. Vehicles stored 24 hours or less shall be charged no more than one-day storage. F. No Contractor or employee shall refer to any rate as required or set by CPD. G. Contractor's towing or towing and storage fee(s) shall be the responsibility of the registered owner of the vehicle towed or towed and stored. H. All lien sales shall be performed in accordance with the California Civil Code. STORAGE FACILITY A business office and storage facility shall be located close to one another and be within the City limits of the City of Carlsbad. An additional storage yard, located within a 5 mile radius of the city limits, may be used if the vehicle is too large for the Carlsbad lot or the vehicle has been at the Carlsbad lot for 15 days or more. For the purposes of the Agreement, "normal business hours" shall not be less than 8 a.m. to 5 p.m., Monday through Friday, except for the following City recognized holidays: New Year's Day, Martin Luther King's Birthday, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, Thanksgiving Friday, and Christmas Day. City Attorney Approved Version 6/12/18 19 BUSINESS RECORDS A Contractor shall maintain records of all tow services furnished. The records will be maintained at Contractor's place of business within the City limits. Invoices shall at a minimum include a description of each vehicle, nature of service, start time, end time, location of call, itemized costs of towing and storage, the tow driver's name, and truck used. B. CPD may inspect all operator records without notice during normal business hours. C. Contractors shall permit CPD to make copies of business records at their place of business, or to remove business records for the purpose of reproduction. CPD shall provide a receipt for any (original) record removed from the place of business. D. Failure of the operator to comply with the inspection requirements shall be cause for suspension. RELEASE OF VEHICLE If a "police hold" has been placed on a vehicle, the vehicle shall not be released without first obtaining a "VEHICLE IMPOUND RELEASE" form from CPD. RELEASE OF PROPERTY A Contractor shall be responsible for the security of vehicles and property at the place of storage. Contractor is responsible for the reasonable care, custody, and control of any property contained in towed or stored vehicles. B. The vehicle 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 a person having a legal entitlement to the vehicle and/or property upon presentation of valid identification. C. Contractor shall provide any information required by claimant to effect the release of the impounded vehicle including: confirming that a particular vehicle is in Contractor's possession, directions to the location of the vehicle, the methods of securing its release, documentation required, applicable charges and fees required to be paid and terms of payment. D. Vehicles impounded by CPD for investigative purposes shall be held in maximally secured non-public area of Contractor's property until the vehicle is released by order of CPD. Any property or other contents of such vehicles shall not be removed by any person other than a police officer or evidence technician employed by the City. Property removed from such vehicles shall be recorded as removed on the content inventory and the content inventory dated and signed by a representative of Contractor and the peace officer or evidence technician removing such property. E. Contractor shall obtain approval from CPD before the removal of any property from an impounded vehicle and shall provide a receipt to CPD, with a copy placed in the vehicle. 1. This requirement may not be waived in cases where a vehicle has been impounded for evidence or investigation. City Attorney Approved Version 6/12/18 20 2. Upon approval from CPD, Contractor shall release personal property from an impounded vehicle at the request of the vehicle's registered owner or agent. 3. There shall be no charge for the release of personal property during normal business hours. Contractors may charge an after hours release fee for property released after normal business hours, consistent with the after-hours vehicle release provisions contained in California Vehicle Code (CVC) section 22658. 4. Personal property is considered to be items that are not affixed to the vehicle. Personal property from a stored vehicle shall be released upon request of the vehicle registered owner or agent. Responses are mandatory on weekends, holidays, and outside normal business hours. Payment for an after-hours release of property may be required at the time of the release as consistent in California Vehicle Code (CVC) section 22658. 5. Cargo shall be released upon demand of the carrier or pursuant to a court order. F. Employees shall be properly trained to conduct business transactions related to towing, storage, and release of vehicles/property. VEHICLE DAMAGE QR PROPERTY A. CHP 180 impounds and storage forms will be provided to Contractor for CPO tows and impounds. Contractor shall be responsible for any damage occurring to the vehicle while in its sole possession and, therefore, damage not recorded on the CHP 180 damage assessment will be considered the Contractor's responsibility. B. Contractor shall be responsible for all property belonging to that vehicle as identified by the content inventory and the CHP 180 form. Loss of property which occurs after Contractor has arrived at the scene will be the sole and undisputed responsibility of Contractor. COMPUANCE WITH LAW A. Contractor and employees shall, at all times, comply with federal, state, and local laws and ordinances. Any flagrant traffic violation may be cause for immediate disciplinary action against Contractor and/or the involved employee( s ). B. Any conviction of Contractor or 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 and/or a drug while involved in a CPO tow shall be cause for removal of the employee from the list of current CPO tow drivers and/or immediate termination of this Agreement. C. Contractor or employee arrested/charged for a violation involving any of the above crimes may be cause to immediately suspend this Agreement until the case is adjudicated. COLLUSION A. Contractor and/or applicant shall not conspire, attempt to conspire, or commit any other act of collusion with any other Contractor or applicant for the purpose of secretly, or otherwise, establishing an understanding regarding rates or condition to the Agreement that would bring City Attorney Approved Version 6/12/18 21 about any unfair condition which could be prejudicial to CPO, the motoring public, or other Contractors. B. A finding by CPO that any Contractor or applicant has been involved in collusion shall be cause for denial of an application or shall nullify the Agreement. Any Contractor or applicant found to be involved in any act, or attempted act of collusion, shall be disqualified from participating in an Agreement with CPO for the current term, plus three years. 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 an Agreement at anytime 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. ADVERTISING Contractor shall not display any sign or engage in any advertisement indicating an official or unofficial connection with the Carlsbad Police Department. DISCIPLINARY ACJION A. All GPO-related tow service complaints received by CPO against Contractor or Contractor's employees will be accepted and investigated in a fair and impartial manner. Contractor will be notified of the results of any investigation. B. Should the filing of criminal charges be a possibility, CPO will conduct the investigation to conclusion, or assist the lead investigating agency, and if warranted, request prosecution. C. The Traffic Sergeant shall take disciplinary action against Contractor for violations investigated and sustained. Unless otherwise noted, the Traffic Sergeant shall determine the period of suspension. The Traffic Sergeant 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 CPD 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 the period of suspension is completed and CPO has conducted an inspection and concluded Contractor is in compliance. City Attorney Approved Version 6/12/18 22 F. A violation of the 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 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 CPD that reimbursement has been made to the aggrieved 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. Any unsatisfactory rating may be cause for suspension. I. Failure of Contractor to comply with the inspection requirement of this Agreement will result in a suspension. The suspension will remain in effect until the period of suspension is completed and Contractor has complied with the inspection requirement. J. Failure of Contractor to send tow drivers on CPD calls who are qualified and competent employees shall be cause for suspension. The suspension will remain in effect until the period of suspension is completed and Contractor has presented proof to CPD 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. Other than conduct that would result in an immediate termination of this Agreement, any alleged violation of the Agreement will be investigated by CPD and Contractor will be notified in writing of CPD's findings within 30 calendar days of the conclusion of the investigation. TERM OF DISCIPLINARY ACTION A. Except as specifically stated in the Agreement, minor violation of the terms and conditions of the Agreement may be cause for disciplinary action in the following manner: 1. First violation within a 12-month period -letter of reprimand. 2. Second violation within a 12-month period -1 to 30-day suspension. 3. Third violation within a 12-month period-60 to 90-day suspension. 4. Fourth violation within a 12-month period -termination of the Agreement. NOTE: In lieu of termination, CPD may impose additional suspension for longer period, if deemed appropriate. City Attorney Approved Version 9.22.1 O 16 B. Nothing herein shall be deemed to prohibit the Traffic Sergeant from immediately suspending any Contractor or Contractor's employee whose conduct, in the opinion of the Traffic Sergeant, is deemed to be a danger to the motoring public, a hazard to public safety and/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 Contractor shall not be permitted a hearing or appeal nor shall Contractor be given a period of time to cure the material breach. HEARING/APPEAL A. In the event CPD serves Contractor with disciplinary action, other than notice of termination of this Agreement, Contractor may request a hearing within seven business days by submitting a request in writing to the Chief of Police. If a hearing is requested, it shall be held as soon as practicable. The hearing shall be conducted by the Chief of Police or his designee, and Contractor shall be entitled to represent all relevant facts and circumstances in support of contractor's position. Contractor shall be notified in writing of the Chief of Police's decision(s) within ten business days of the completion date of the hearing. B. Following a hearing if Contractor is dissatisfied with the Chief of Police's decision(s), Contractor may appeal by submitting a request in writing to the City Manager within ten business days. If an appeal is requested, it shall be held as soon as practicable. The appeal shall be conducted by the City Manager or their designee. Contractor shall have the same rights as those provided at the Chief of Police level. Contractor shall be notified in writing of the decision(s) of the City Manager within thirty business days of the date of the appeal. The decision of the City Manager shall be the final level of administrative appeal. C. A suspension shall not take effect until the hearing and appeal process has been exhausted, with the exception of Contractors whose conduct is deemed to be a danger to the motoring public or who continue to violate the terms and condition of this Agreement. D. If Contractor fails to request a hearing or appeal within the specified time or fails to appear at a scheduled hearing or appeal, the action taken by the Traffic Sergeant shall be final and the suspension shall take effect upon written notification to the operator. TOW STORAGE AND FEE SCHEDULE A. All tow fees and schedules charged will be consistent with the CHP, Oceanside Area, tow and Private Property Impound rates in effect at the time services are provided. B. From time to time the CHP may increase the schedule of tow fees and private property impounds rates. When the rates are adjusted the Contractor may start charging the new CHP schedule rates upon notifying, in writing, the Traffic Sergeant. City Attorney Approved Version 6/12/18 17 ACORD9 CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) ~ 11/29/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE 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). PRODUCER CONTACT NAME: YouZoom Insurance Services, Inc ~.~~N.t c.n, 888-240-8803 I FAX 6900 College Blvd IA/C Nol: 877-835-1833 Ste 1000 ~t'D~~ss: AMServiceCenter@arrowheadqro.com Overland Park KS 66211 INSURER{Sl AFFORDING COVERAGE NAIC# INSURER A : American Guarantee and Liabilitv Insurance 26247 INSURED S&RTOVvl-01 INSURER B: Zurich American Insurance Comoanv 16535 S & R Towing Inc INSURER c : Great American Alliance Insurance Comoanv 26832 OBA S & R Towing 1060 Airport Rd. INSURERD: Oceanside CA 92058 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1445292247 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 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. INSR ADDL SUBR POLICY EFF ,tg~Ji~, LTR TYPE OF INSURANCE •••~n lun,n POLICY NUMBER IMM/DD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY y CP01640833-01 11/1/2018 11/1/2019 EACH OCCURRENCE $1,000,000 -□ CLAIMS-MADE 0 OCCUR DAMA<.£ TO RENTED PREMISES /Ea occurrence) $100,000 ~ MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 9 □PRO-DLoc PRODUCTS -COMP/OP AGG $2,000,000 POLICY JECT OTHER: $ B AUTOMOBILE LIABILITY y CP01640833-01 11/1/2018 11/1/2019 COMBINED SINGLE LIMIT $1,000,000 IEa accident) -ANY AUTO BODILY INJURY (Per person) $ --OWNED SCHEDULED X BODILY INJURY (Per accident) $ -AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY f Per accident) -$ C X UMBRELLA LIAB Fl OCCUR UME186186-01 11/1/2018 11/1/2019 EACH OCCURRENCE $1,000,000 - EXCESSLIAB CLAIMS-MADE AGGREGATE $1,000,000 DED I I RETENTION$ Prod Comp/Ops Agg $1,000,000 WORKERS COMPENSATION I PER I 10TH- AND EMPLOYERS' LIABILITY STATUTE ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE □ N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ ~m.:~ftffc\'~ ont~PERATIONS below E.L. DISEASE -POLICY LIMIT $ A Motor Truck Cargo CP01640833-01 11/1/2018 11/1/2019 Limit/Deductible $150,000/$1,000 B Garage Keepers CP01640833-01 11/1/2018 11/1/2019 Limit (Per Loe) See Descrip of Ops DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Garage Keepers/On Hook Limits (Per Location) Loe 01: 1060 Airport Rd., Oceanside, CA 92058 -Limit $500,000 Loe 02: 3199 Tyler St., Carlsbad, CA 92008-Limit $500,000 Loe 03: 1134 N Melrose #601 & #602, Vista, CA 92083 -Limit $500,000 Loe 04: 124 W. College St., Fallbrook, CA 92028 -Limit $500,000 Loe 05: 28425 S. Cole Grade Rd., Valley Center, CA 92082 -Limit $500,000 Loe 06: 44564 Pechanga Pkwy, Temecula, CA 92592 -Limit $500,000 Loe 07: 42500 Sage Rd., Aguanga, CA 92536 -Limit $500,000 See Attached ... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Carlsbad, a municipal corporation 2560 Orion Way AUTHORIZED REPRESENTATIVE Carlsbad CA 92010 E---..~ ..... c,...J I ('\ - © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD , AGENCY CUSTOMER ID: _S_&_R_T_O_W_l-_0_1 _____________ _ LOC#: -------- ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED YouZoom Insurance Services, Inc S & R Towing Inc OBAS & R Towing POLICY NUMBER 1060 Airport Rd. Oceanside CA 92058 CARRIER I NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Loe 08: 4875 CA-78, Borrego Springs, CA 92004 -Limit $500,000 Loe 09: 3568 Highway 78, Julian, CA 92036 -Limit $500,000 Comp Ded $1000/$5000 Coll Ded $1000 Garage Keepers include On Hook Coverage. Garage Liability is provided under the General Liability on the Zurich Policy. Certificate Holder is named as an Additional Insured with respects to General and Automobile Liability as required by written contract. 30 Day Notice of Cancellation applies. Page Policy carries liability limits of $1,000,000 underlying along with a $1,000,000 Commercial Umbrella for a total liability limit of $2,000,000 per occurrence. Umbrella follows form for General and Automobile. of ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: CPO 1640833-00 COMMERCIAL AUTO CA 20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM Wth respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: s & R TOWING INC Endorsement Effective Date: 08-03-2018 SCHEDULE Name Of Person(s) Or Organization(s): THE CITY OF CARLSBAD, ITS OFFICERS, EMPLOYEES, VOLUNTEERS AND AGENTS 799 PINE AVE CARLSBAD, CA USA 92008 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I -Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20481013 © Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER: CPO 164 0 8 33-0 0 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): THE CITY OF CARLSBAD, ITS OFFICERS, EMPLOYEES, VOLUNTEERS AND AGENTS 799 PINE AVE CARLSBAD, CA USA 92008 Information reauired to complete this Schedule if not shown above will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for 'bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. \Mth respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1