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HomeMy WebLinkAboutContracts & Agreements_51-2010_CCv0001.pdf AGREEMENT This ToxN, Service Agreement sets forth the rules and regulations that a conipany shall comply "ith to receive a rotation toNN listing w,vith the Redlands Polio, Department (RPD) Z Participation in the RPD Rotation 'To" Program is voluntary Compliance with all of the terms and conditions of this Tm, Service Agreement is mandatory for tow companies participating in the RPD Rotation Tow Program �n operator by agreeing to participate in the program, is not acting as an agent for the RPD or the Citv of Redlands wkhen performing services under this Ai,recinent. For clarification purposes, definitions arc contained in Attachment A to this Agreement. Attachment B contains a summarized listing of California Vehicle Code (CVC) and Civil Code laws applicable to all to,,N. Loinpanics Ili the State of California, Attachment C contains a listing of tmw truck equipment specifications and equipment use requirements applicable to all RPD rotation tow operators. Attachment D contains instructions for completing required application forms. RPD ROTATION TOW A The RPD Police Commander shall determine the maxiinum response time., enrollment period, reasonable rates, minimum number of trucks and any applicable waiver of requirements. I Waiver of requirements shall be in effect no longer than six months following the application by and acceptance of, an operator who meets all requirements of this Agreement, Upon expiration of the six-month period operators who fail to meet the mmirrium requirements of this Agreement shall be terminated A waiNcr will not be granted for requirements based upon laXA or safety considerations. If ROTATION LISTS 1. The. RPD maintatris OIlL rotation toNN, list for all LlaSSCS OftOkw trucks to ensure an equitable distribution Of I-allS. Regardless of the class Of' tONN trLi(-k utilized or responding to the call charges shall not be more than for tile LhISS ofN chILIL tmed or serviced. except Nw licil N:clli(.l(_ rccoN err,, Operations recluirL a larger LIaSS Of t0M, truck 2 A U111 to an operator shall constitute one turn oil the list and the operator S111111 SUbsequentIN be inoved to the bottom of the list This includes MICII the operator fails to answkcr the, phone, is unable to NSPOIld, IS Unable to perform the: required scrN ice;, refuses to respond or prow idL WIWICL Or IS canceled due to CXLCSSIXL 1-CS11OMSe tIIIlL Wit IS determined fliat the, operator is not needed an(] is canceled by the RPD up to and including arrival at the scene, there shall be no charges and the operator will be placed back at the top or the list, I If the operator IS canceled by the tvchicIc's owner or agent prior to the operator taking possession of the vch1LIL there shall be no charges for towing. The operator shall inirnediatcIV contact the RPD and advise the RPD of the Lanccllation. The operator��it I then be placed back at the top of the list If service other than towing and recoN-ery has begun and is canceled by the vehicle's owner or agent, the operator nia' charge a minimum of one-half of the regular hourly sert,ice charge for the time expended on the call For purposes of cancellation, sere ice be-ins when plivsical work on the vehicle has begun, not at the time of response. No lien shall arise for the service unless the operator has presented a written statement to the ,ehILle'S owner or agent for the signed authorization of services to be performed. (a) The operator shall not take possession of any vehicle to establish a lien for any nontowing services performed, or begun and subsequently canceled, when not entitled to such lien by lav~ Refer to Civil Code Section 1068 1 tier when a lien begins. C If two or more operators are called to the same incident, distribution of the vehicles shall be at the discretion of the RPD Incident Commander D The RPD Incident Commander may direct a RPD rotation tow operator to move vehicles to help clear a roadway or for lifesaving operations. Operators shall provide the assistance as directed There shall be no charge for this assistance, and the assistance provided shall not change the operator's pla(,e in the rotation E An operator shall have a full service business office and storage fticility located within the City of Redlands F Operators applying for a rotation toiv listing shall have a minimum of three (3) years verifiable for-hire-towing experience, as an owner or principal, prior tci the filial filing date of all enrollment period in order to quahf'y for a RPD rotation tmN. listing, G Ownership status v\ill be in\e,4igatcd and detern-lined by OIL RPD 417 H ']'here shall be no mare than three operators appro\ed for the rotation tot. listing. M TMN TIZt 1C is. C I -\S')IFIC VrIONS A kri Operator shall CCIUIP and Maintain all to" truck(s) co\cl-cd under this -\in-cerricrit in accordance t\ntll the prON ISIOnS Set forth in the ( alifiorma \,ehil-IL C tads. I ca dim %_,reemo its I oo s,-i%it c j(tk Title I I of the California Codc of Regulations, the specifications contained in this Agreement, and consistent with industry standards and practices. I Notwithstanding CVC section 615 all tow trucks shall have recovery capabilities, wheel lift capabilities, and a boom meeting the specifIL'ations contained in this Agrcen-ient. For the purpose of this Agrecincrit, "a trailer for hire that is being used to transport a vehicle" shall not qualify as a primary tow truck for rotation to" lists. 2 An operator who has a car carrier may be exempted from the recokcry wheel lift, and boom capability reqUircirients, However the car carrier must be an additional unit. B A violation of the Gross 'vehicle Weight Rating ((jVWR) and safe loading requirements of a tow truck shall be cause for immediate suspension This includes exceeding the tow truck s GVWR, front axle weight rating, rear axle weight rating, niamiriuni tire weight ratings, or not maintaining 50% of the to% truck s unladen weight on the front axle when lifting,carrving a load. C There will be three classes of to", trucks coti ered under this Agreement- 1 Class A - Light Duty (a) An operator shall maintain a minimum of five tow trucks which has a manufacturer's GVWR of at least 10 000 pounds. Class A equipment specifications can be found in Attachment C of this Agreement I A 'trailer for hire shall not be approved for listing as a Class A tow truck. ? Tow companies whose equipment had previously been approved and continuously used on rotation for the RPD and owned by the same operator but do not have wheel lift capabilities, may apply for and rccej�c a rotation tow listing. 2 Class 13- MedlUrn Duty a \n operator shall maintain a minimum of om, toNtruck with a GVIA R of at least 19.501 pounds. The truck shall be LapablL of pros idin" LI and maintaining continuous air to the towed Nellicle Class B equipment specifications can be found in AttaLhInCrIt C of this Agreement. b T`oA\ cornpanie,, �\ho,,c equipinent had previousIN been approNed and continuously used on rotation for the RPD and owned bN the saint- operator but do not ha\t, wheel lift LapabIlItIC-,. nia-\, apply for and rccej4 e a rotation tox\ listing, Class C - I-Icax N� DUtly An operator shall maintain at least onL three-axic to%A truck with a GVWR of at least 33 000 pounds, The truck shall be equipped with air brakes and must bL capable of providing and maintaining continuous air to the towed veh[LIC Class C equipment specifications can be found in Attachment C of this Agreement. b Tow companies whose equipment had previously been approved and continuously used on rotation for the RPD and owned by the same operator but do not have wheel lift capabilities and,or three-axles, may apply for and receive a rotation tow listing. D To properly and safely tow and service the wide variety of vehicles being operated oil the high-,,,,ay a towing procedure rnay require the use of auxiliary equipment specifically designed for the purpose This auxiliary equipment should be used when appropriate A listing of service and auxiliary equipment for each classification can be found in Attachirient C of this Agreement, IV TOW TRUCK DRIVERS A. The operator shall ensure that tow truck drivers responding to calls initiated by thL RPD are qualified and competent employees of his/her company The Operator shall ensure that the tow truck 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 recovery of the various types of vehicles serviced through RPD rotation. Tow truck drivers shall be at ]cast 18 years old and possess the following minimum class driver license I Class A tow truck - A -valid (lass C license. or a valid Class A hcensL with N alid medical CCl-tlfiLUtL. Class B tow truck - A valid Class C license for nonrcgulated vehicles, or a Z7 xalid Class A license with k alid medical certificate for rcg lated k ehja.Ies pursuant Z�-u to CVC section 34500 C IaS.S tow truck - k N alid C lass A license with valid 111CCIlLal CCrtlfiLatL B The ( lass A I ) license must be endorsed to allow operation Of SlICLIal vehicle. coil Fj&,urati ons and,or special i-argoe,, (rct-cr to Atta(Airnent B) The operator shall maintain a current list ofdri,,ers �;f L11111 Aun"xilloll" Scf k ick -\,rccincill 1 '[1111 kjoa 4 I The operator shall provide a current list of his,her drivers to the RPD upon Implementation of this Agreement. The operator shall notify the RPD upon any change in driver status, including the addition of any new drivers) or the deletion I of any driver(s) Ali updated list shall be provided to the RPD within seen calendar days of any change in drier status. 2 Operators, shall as a inimmuiri, maintain the following information for each employee a. Full name b Date of birth. cl California Driver License number d. Copy of ti alid medical certi Beate (if required) c. Job titledescription. f Current honk. address. 9- Current home phone number h. Type(s) of truck(s) driver has been trained and instructed to operate D All tow service employees shall be fingerprinted by the RPD The tow operator shall provide Department of Justice fingerprint fec as required by the RPD E All tow truck operators shall have in their possession a tow truck operator s permit issued by the Chief of Police. RATF'S A. Fees charged for response to calls originating from the RPD shall be I-Lasonable and not in excess of those rates charged for similar serN ices provided in response to requests initiated by any other public agency or pri�atc person The reasonableness of HIL fees charged ivill be determined in the following inalincr I The. operator shall submit his,her retail 11OUI-IN rate to the. P011CL ( ornmander flic Police Commander shall determine the xalldlty and rLasonableness Of the submittcd rates. a. 4ando will he based Upon telephone quotes. posted rates. area ( IIP rates and Lliargcs to retail customers. \nN submitted rate in cN;ccs,,, a(ITm ra a zEnts F m lwr%lcrE m<nt 'CI I r I doe of an operator s retail rate (as dLfincd in Attachment A) will be considered invalid and will not he accepted An operator who submits an inwifid rate shall not be allowed to resubmit a ncvN rate and will be disqualified from RI'D rotation tow listing until the next enrollment period. b Reasonableness shall be determined as compared to other rates. An operator who submits a rate that is determined to be excessive shall be allowed to resubmit his,her rates only once In an effort to remain competitive in the open market, the operator may lower retail rates at any time by notifying the RPD When an operator lowers Ins/her retail rate, that retail rate becornes the new. approved RPD rate Operators may only raise rates for RPD calls during enrollment periods or upon approval after a midterm review Operators may raise rates for non-RPD calls at anytime Rates for RPD Lalls shall rernani at the lowest retail rate until tile next enrollment period 3 Any operator who charges rates above his/her retail hourly rates or submitted rates for a RPD call shall be in violation of this Agreement and subject to disciplinary action including termination of this Agreement. B The rate for towing shall be computed from portal to portal Time expended shall be charged at a rate not to exceed the hourly rate Time expended in excess of the minimums shall also be at the hourly rate in no more than 15 minute Increments. TherL shall be no additional charges for mileage and labor I The operator may charge up to a thirty-minute rninimurn per call for base services. 2 The operator mav charge up to a one-hold` minimum per Lall oil public safety response calls. 3 The operator may only charge a maximum of one half hour rate for tile towing or service calls for Redlands Police Department vehicles or vehicles towed is evidence 4 The operator shall base tOw'Int' LhargCS upon the Llass of kchicle being Z!� towed regardless of the Llass of truck used, except when vehicle rcco\er), operations require a larger class truck Rates 1`61-a serf,ICL Lail (Out oaf`,-as, lockouts an([ tire chan0cs) shall be From portal to end Of SCI-\ILL and rria� bo, at the hourly, rate with tip to a thirtv-1111111.1tC faarnimum Charges in excess of thirt\, minutes mw, be Lharged in 110 11101-L than I i 1111111,11C increments (9)m A.irevnionts I ov '+ci t Icc 10 1 0A 6 D Fees for Special Operations I For special operations involving Class B and C tow trucks, the operator shall submit his,'her proposed fees for Nehicle recoNer-,, operations and load sale age operations to the Police Commander Fees shall be reasonable and consistent with industry standards for similar operations. Charges in excess of thirty minutes rnav be charged in no more than 15 minute increiricrits. a. Hourly rates shall be established for the following. I Auxiliary Equipment eg. airbags, conNerter gear dolly and additional trailers. 2 Contracted Equipment, e.g. airbags, converter gear dolly additional trailers, forklifts. scooploaders, etc 3 Contract labor b The Police Comnlandcr shall determine the reasonableness of the fees for these types of operations, based upon the average of the proposed fees submitted and a comparison to industry standards for similar- operations. imilaroperations. 2 Operators shall submit a mark up rate (percentage of the cost to the operator) for retail equipment and specialized labor not otherwise listed on the application. 3 If an operator performs a service for -which a required rate was not submitted to and approved by the RPD the operator shall only be entitled to charge for the actual cost of that service Example contract labor rate not submitted, the operator rnav only charge for the actual rate paid for the labor E The total fees Lharged for after hours release shall be no more than one-half the hourly ratc and shall only be allowed if there is no person oil duty at the storage facility for NICLISL and a call back is required 0UtSldL normal business hours. F Storage Fees I The. operator shall submit his,licr proposed storage ices. for inside and 0UtS1dL storage to the MILL Commander file P011CL (orninander shall determine the reasonableness of the tees for inside and outside storagL ba.SCd upon the a\erag(- tit the proposed fees submitted bN those applying for rotation a d It ti \,tecnwnt, I m% scn icc A,rccnwn 1 3-2111 0,do, 7 2 The operator shall display in plain t icvv at all t-ashiers' stations, a sign as zn described in Section 1070 of the Cistl Code disclosing all storage fees and charges in force HILIUdIng the maxinlurn storage rate Vehicles stored up to 4 hours shall not be charged a storage fee. Vehicles stored 24 hours or less shall be charged no more than one day storage, Each day thereafter shall be calculated by calendar day 4 Store (outdoors) up to four et idcnttary vchILleS free of charge during tile course of this contract These evidence storage spots shall be located together and in one area that is out of the way from the day to day operations. This is to prevent tampering or unnecessary touching or handling of the vehicles. Additional vehicles held as evidence by RPD shall be charged no more than one half the normal dally rate unless approN ed by the Police Commander 5 Vehicles stored by the RPD for forfeiture shall be Lhargcd no more than three days storage. G This Section 5 of this Agreement entitled "Rate, shall not apply if the operator responds to a RPD call in a location where towing rates for all tow companies are established by a city or county ordinance H. The approved schedule of rates charged by the operator shall be available in the tow truck, and shall be presented upon demand to the person(s) for whom the tock services were provided, or his/hcr agent, or any RPD officer at the scene. I Rate requirements represent the maximums an operator may charge oil a RPD call An operator is not precluded from charging less when ticeiried appropriate by the operator These requirements -,hall not be construed as requiring a charge when an operator would not normally charge for such service I No operator or employee shall refer to awy rate as the rnininlurn required or set by the RPD 1 C0LLtlS10N A. An operator and or applicant shall not conspire or attempt to conspire or commit any other act of collusion. kvith ani other operator or apphLain for the. purpose of sccretN or otherwise establishm- all unfair understanding regarding rates or conditions to the. '�­rccnicnt that would brinu about ani, unfair condition whiJi could be preludiLial to the 101) the motoring pUbhL. oi- other opct*ator(,,-) l Examples of"collusion" 111LIlldc. but are. not limited to conspiratN by ani operator(s) to establish artlfiLially high or IoN� rate(,,) Ior services performed pursuant to this Agreement, Lonspiracy or attempt to circumvent the niidtcri-n review process. B A finding bN, the RPD that ativ operator or applicant has been involved in collusion shall be cause for termination of this Agreement Any operator or applicant found to be involved in anv act, or attempted act of collusion, shall be disqualified frorn participation on the RPD rotation tow list for the current term plus three years. Vif RESPONSE TO CALLS A, The operator shall respond to RPD calls 24 hours a day seven days a week, within the maximum response time as established by the Police Commander and as specified in Section I of this Agreement. The operator shall respond with a tow truck of the class required to tow the vehicle specified by the RPD The operator shall advise RPD dispatch, at the time of notification. if thcv are either unable to respond or unable to meet the i-naxinlum response time If, after accepting the call the operator is unable: to respond or will be delayed in responding, the operator shall immediately notify the RPD CornmuniLations Center The operator shall not assign initial calls to other tow operators I A fatlure(s) to respond and/or repeated failure(s) to meet the maximum response tirric requirements shall constitute failure to comply with the terms and conditions of this Agreement. a. The Police Commander may take immediate disciplinary action for any flagrant violation of the requirement to respond within the maximurn response time b When an operator will be temporarily unavailable to provide services due to a preplanned,scheduled activity c g. vacation. maintenanceor medical leave he,she shall notify,, the Police Con-irriander at least 24 hours prior to the date that scriiccs will be unakailable noting the times and dates of the una%ailability B The operator or his,her eniployce(s) responding to a RPD call shall perform the toxo nig or serk ice required for whjLh 11L ShL N�as called This requirement may be waived by the RPD Incident ( ommander if the requested equipment is inadequate for the service to be perforriled I AnN. refusal to respond or to perform the required towing or service will subject the oficratorto suspension if deerned appropriate bN the RPD C An operator shall not respond to a RPD Lail assigned to another operator unless requested to do so bN the RPD I LadjT11 A21-vcnlcw, km Scrvic. N-w-C111C111 I 2010,doL, 9 I There may be times when the operator assigned the initial RPD call may require the assistance of an additional operator at the scene The operator- assigned peratorassigned the initial call may, subject to prior agreement with the Police Commander and with the concurrenc;_ of the RPD Incident Con-u-nander request a specific operator to assist him,licr The request shall be routed to the additional operator through the RPD 2 There may be times when an operator who was not called to a scene, comes upon a collision scene where a w chicle or N chicles are blocking a roadway and a RPD officer requests his,'her assistance in clearing the roadway In such a case, the operator may be requested to move the vehicle to a safe location, as directed by the of and leave it. There shall be no charge for this assistance and the assistance provided shall not change the operator's place in the rotation D Only the tow truck personnel and equipment requested shall respond to a RPD call Additional tow truck personnel and equipment shall be at the approval of the RPD Incident Commander This shall not preclude the operator from responding to an incident to ascertain if additional assistance or equipment is required There shall be no additional charge for any personnel or equipment that is not necessary to perform the required service Vill STORAGE FACILITY A The operator shall be responsible for the security of vehicles and property at the place of storage As a minimum, a fenced or enclosed area shall be provided The operator is responsible for the reasonable care, custody and control of any property contained in towed or stored vehicles. Operator must display at the front of the business a sign which reads 'To report an-v complaints. contact Redlands Police at 909-798-7681" B The operator shall obtain approval from the RPD prior to the remove al of any property from a stored or impounded vehicle and shall provide a receipt, with a copy placed in the stored -vehicle. The requirement to obtain approx al from tile RPD prior to the remo-val of property may be excused by the Polk(. Commander if it is determined that proper safeguards and procedures are utili/ed by the operator I This requirement rnaN not be xNaived in cases Nvherc a wchicic has been impounded for evidence oi- im estigation 2 l pon approve a] from the RPD the operator shrill release personal property from an 1111I)OUnded or stored wchiLlc at the request of the \LhICIC owner or ]I],;:her agent. a. I There Shall IX no charge for thc release ofpci-sonal propert" during normal business hour,,. Operators rna� charge an atter hours I-CILaSL rCL I ca dim \givCmenis I m lwr\ico 1giccns,:111 o.(J(,c I for property released after normal business hours. The lees charged shall be consistent with the after hours vehicle release prole isions. b Personal property are items which are not affixed to the vehicle. I Personal property inLludes papers, transportable cellular telephones, pull-out radios, portable radios and/or portable stereo equipment. LIOUICS, luggage and tools. 3 Cat-go shall be released upon demand of the carrier or pursuant to a court order C The primary storage facility shall normally be at the same location as the business address. If not at the same location, there shall be no charge for any additional distance traveled to and from a secondary location. The vehicle and.or personal property shall be released at the primary storage facility or place of business (when the primary storage facility and the place of business are not at the same location) upon request of the owner or a person having a legal entitlement to the vehicle and./or property I Prior to the utilization of new storage facilities that were not listed on the application for rotation tow listing, the operator shall obtain the Field Services Division Comi-nander's approval and furnish the address. Secondary storage facilities shall be located within the City of Redlands, reasonably close to the main business office D Tow operators ,;hall maintain sufficient storage spaces. E An operator's place of business shall lia,,e a sign that L.Icarlv identifies it to the public, as a towing service. The sign shall have letters that are clearly visible, to the, public fron-i the street The sign shall be visible at night. F For the purpose of this Agreeirient, "normal business hours" shall be 8 00 a.111 to 6 00 p in Monday through Friday except foi-the following state recognized holidays I New N ear's Day Martin Luther king Day Lincoln Day Presidents Day Nicinorial Day IndcpendcnCL Day Labor Day Columbus Day \4eterans Da), Thanksgiving DaN, day aftcrThanksgi\in,, Day and Christmas Day 2 Business hours shall be posted in plain view to the public I Hnplowcs shall be properly trained to conduct business transactions related to towing), storagyL and relLase ofN,ehicics propert" 6 Tlie release ot'vehicles shall bL conducted III aLcordanLe with RPD PrOLCdUrCS. 1,,1ve1nCnk I(m lwnicL Avlecnlnl 2010dm 11 INSURANCE A The operator shall maintain the fallowing 11111111-nurn levels of msurancL from an insurance carrier admitted in California or admitted in the state in WhJLh thL operator S business is located and is authori/ed to do business in California I Commercial Business Automobile Liability (as required by Section 16500 5 of the California VChICIL Code) - Bodily injury and property damage with as combined single limit of not less than 5500 000 for Class A took trucks. The combined ]units for Classes B C and D shall not be less than $1 000 000 These minimum standards are to include non-owned and hired auto cot erage 2 Uninsured Motortst - Legal minimum, combined single limit. 3 On-Hook Coverage - Insuring the, vehicle in tow with lirmts, based can the size of the tow truck. a. Class A tow truck S25 000 b Class B to-". truck $50000 C. Oass( to" truck S100000 d Class D tow truck S100000 4 Garage Liability - Includes premises and operations. Coverage for bodily injur,v and property damage with a combined single limit Of not less than $500000 5 Garage keepers Liability - Shall he the same ininimunn as on-hook coverage tsar vch]LICS in the care. custody and control of the operator in the storage yard Workers' C orripensation Insurance - Legal minimum requirement B Proof of Insurance shall be in the form of a LertifiLate of insurance Policy expiration or cancellation ,.-,hall result in the immediate termination of this �greernent The operator's insurance policy shall prom ide for the immediate nOtIfiLation to the. RPD in the event that the insurance policy has expired or is canceled W(fitionalb, the. operator shall notify the RPD in adz aIALL Of UIL expiration or cauLCHation Of the. operator s insurance policy diM -k-Tt01101b TtM '11�IA ICL AIM'CCM(-I�t X INSPECTIONS A The RPD shall provide for not less than one annual inspection of all toNA trucks at no charge to the operator The RPD may conduct additional inspections without notice during normal business hours. The operator shall not dispatch a tok� truck (to a RPD call) that has not been inspected and approved by the RIID The RPD shall inspect a toNk truck within thirty days of a request frorn an operator I Any operator who fails an inspection by RPD or the CHP is entitled to only one reinspection. Failure to pass the reinspection shall be cause for the disqualification of the toy v truck ftorn use on RPD rotation, The tov, truck shall be disqualified until the next enrollment period. \1 BUSINESS RECORDS A. The operator shall maintain records, at hisi'lier place of business, of tow services furnished. I Invoices shall at a n-imitnum include a description of",ehicle(s) nature of service start time end time, location of call and itemized costs of towing and storage. Release information shall include date and time of release and shall include a copy of the RPD release authorization. 2 Records for each call shall indicate the tow truck driver s name and truck used B The operator shall also maintain business records relating to personnel insurance personnel taxes, payroll applicable operating authorities. local operating authorities, lien sale actions, FCC' licensing, and non-RPD tows. C The RPD may inspect all operator records without notice during normal business hours. D Operators shall permit the. RPD to make copies of business records at then- place of business. or to rei-novc business records for the purpose ofreproduction I The. RPD shall provide a receipt for any (original) records rernoGed from the place of business, JRecords shall be maintained and a�adablc for inspection for a period of two years plus the current term of this Agreement. F Failure of the operator to comply with the inspection requireniclits shall be: Lause fOl- suspension. ifdccincd appr0prILItL 11%, the, IZPD I k;l(r)M %prCCM01T�J '%t SLTVjt:�, ;\lj'C,„T1J4-Jlj [(I(10k I I \11 FINANCIAL INTEREST A No operator or applicant shall be directly involved in the towing related business of anti other operator or applicant within the Crtv of Redlands. "Directly inx ok,ed" shall mean arivthing in conin-ion bet"cen operators or applicants with regards to any of the following: 1) business licenses 2) insurance 1) tmNtruck or equipment ownership and 4) ernplovees. B Storage facilities owned by an operator and shared with another operator shall only be approved if the owner operator charges for the space exclusively on a flat n-ionth1v rate rather than a k chic]e-by-VCIULIL basis, or combination thereof I Facilities shared by operators shall be physically separated and secured from each other The Police Commander may delete this requirement if deemed appropriate C The sale or transfer of the controlling interest in a company shall immediately terminate an Agreement. The neve owner(s) may apply for a rotation to" listing at any time during the remainder of the current Agreement term, regardless of' the enrollment period D A terminated or suspended operator and the tow business he/she owned at the time of his,'her suspension or tern-unat ion shall not be eligible for a rotation listing for the duration of the suspension or termination I This provision applies to the operator working in any capacity within any tow business, or operating any tow business. and to the tow business, even if operated under new ownership E Any violation of this section is cause for suspension, if deemed appropriate by the RPD XIII ANNUAkL MEETING4 .N The Police Commander may conduct. at a minimum, one annual meeting to discuss issues concerning the to%% rotation. Attendance shall be mandatory at all mccitini)-s for the operator or his,her designee wishing to remain on rotation The RPD shall gix c the operator 10 days written notice of any such meetings I CZ1 dim \�-'l-0111C111 1 '1010 do� 14 \IV DEMEANOR AND CONDUCT A While in-volved in RPD rotation tow operations or related business, the operator and/or his/her eniployee(s) shall refrain from any act(s) of misconduct, to HILIUde, but not be limited to any of the following: I Rude, or discourteous behavior 2 Lack of service, selective service or refusal to provide service which the operator is,should be Lapable of performing. 3 Any act of sexual harassment or sexual impropriety 4 Unsafe driving practices. 5 Exhibitint, any objCCtIVL symptoms of alcohol ands or drug use 6 Appearing at thL scene of a RPD rotation tow call with the odor of an alcoholic beverage ernitting from his./her breath. I The operatoritow truck driver shall submit to a preliminary alcohol screening test upon demand of the RPD B All RPD related tow service complaints received by the RPD against the operator or Ins/her employce(s) will be accepted and investigated in a fair and impartial manner As a result of the investigation, the RPD may initiate disciplinary action as deemed appropriate. In anv event, the operator will be notified of the results of ally investigation. C Should the filing of criminal charges be a possibiht�, the RPD will conduct the investigation to conclusion or assist the lead investigating agency and, if warranted, request prosecution D Any �iolation cif this section is cause for suspension, if deemed appropriate by the RPD \k C OM P 1, IAN( F WITI l 1, VV� X ThL, operator and his.her employees shall at all times, comph, with federal, state and local laws and ordinances, which includL, but arc not limited to those laws which are applicable to the operator (refer to Xttaclrmcnt B for selected VC111LIC Code and C'lvd, Code Sections.) I III 111L c,,ent of a minor traffic violation(s) 13r the tow truck (Irl\cr(s) w Inch is al-L known bNthL RPD the operator shall be, advised of the violation(s) hN the RPD 'The operator will be granted thL opportLUMN, to take necessai-Nsteps to 1 to dim A,-womenis'I n% Svn ick Agroement 10 im ensure that his1icr driver(s) drive(s) in compliance with law Ally subsequent traffic violation(s) may be cause for disciplinary action against the operator and,or the involved ernplovec(s) 2 Any flagrant traffic violation(s) inav be cause for immediate disciplinary action against the operator and,car the ijlvolwcd ernployec(s) B The pro\isions contained in Section 15 Compliance with LaNN do not preclude the RPD from taking appropriate enforcement or adrmmstrati' L action for any violations of law Any conviction of the operator iwolving a stolen or embezzled vehicle, fraud related to tile towing business, stolen or embezzled property a crime of violence a drug related offense, fLIony driving while under the influence of alcohol and/or a drug, misdemeanor driving while under the influence of alcohol and.lor a drug while involved in a RPD rotation tow call or moral turpitude shall be cause for denial of application or termination of this Agreement D Any conviction of an employee involving a stolen or embezzled -vehicle, fraud related to the towing business, stolen or embc/zlcd property a crime of violence, a drug related offense felony driving while under the influence of alcohol and/or a drug, misdemeanor driving while under the influence of alcohol and/or a drug while involved in a RPD rotation tow call or moral turpitude shall be cause for the removal of the employee from the list of current RPD rotation tow truck drivers. E An operator or employee arrested,/charged for a violation involving any of tile above crimes may be suspended until the case is a4ludicated. XVI COMPLIANCE WITH AGREEMENT A. The operator agrees, as a condition of inclusion on the rotation to\N, list, to comply with the terms and conditions of this Agreement. FurtherinorL, the operator agrees that failure by the operator or his/her agents to comply with these terms and conditions shall be (.ause for written reprimand. suspension, or termination from the RPD rotation to" list(s) Alleged violations of this Ng rcernent will be investigated by tile RPD The operator will be notified of the RPD's findings vvithin 30 days of the conclusion of the investioation. 11 DISC IPI INARN ACTION A -File Pohcc Commander may take disciplinary action against operators for N,tolations of this au ,rcenient. The Police Commander shall retain di,,cretion regarding thL length of anN "�USPCIISK)n imposed pursuant to the ternis and conditions of this 4= k- grecrrient. A,210MIC111 '010dM 10 B Records of violations shall be retained by the RPD for at least 36 months. C The following major- violations shall be cause for unrriediate suspension I A violation of the equipment requirements related to safety 2 A violation of the GVWR and safe loading requirements of a to" truck This includes exceeding the toNk truck s GVWR, front axle weight rating-', rear axle weight rating, maxii-nurn tire weight ratings, or not maintaining 5(1",o of the tow truck s unladen A-eight on the front axle when lifting carrying a load. 3 A violation of overcharging. 4 A violation of the Redlands POlICL Department or CHP Biennial Inspection of Terminals (BIT) Program requirements. Any unsatisfactory rating shall be CaUSL for rim-nedi ate suspension. 5 Failure of the operator to satisfy a court order mandating reimbursement to the vehicle or property owner for the damage or loss which occurred while the vehicle was in his,'her custody 6 Failure of the operator to comply with the inspection requirements of this Agreement. 7 Failure of the operator to provide the monthly report, or to pay program or release fees as required by this Agreement. 8 Failure of the operator to maintain the minimum insurance requirements set forth in the Agreement. D The suspension for the above violations shall remain in effect until the period of suspension imposed is completed, and any and all violation(s) have been corrected and it is confirined by the RPD that the operator is in full compliance with this Agreement. E Failure of the operator or employee to comply with Section 14 Denicanor and ( onduct. and/or Section l5 Compliancy. with Law may be, cause for suspension if deemed appropriate by the Police Commander I Minor traffic violations rnav be considered as minor violations of this Agreement. A tow truck driN er not under the immediate obsery ation of the operator while on-duty and driving a tov, truck. vkho is arrested and subsequently convicted for mis(Icineanor driving under the influence of alcohol and or drugs, will be subject to susl-icrision from participating as a ImN truck driver under the prov inions of this Agreement. The length of suspension will be at the Police Commander s discretion. 1, I'liere shall be no approval of equipment that is not in compliancy Nvith the equipment specific-ations contained in this Ngrcernent at the timc of reinstatement. Sections of this Agreement XVIIILII are commonly referred to as "grandt'ather Clause,,," shall no longer apply to the operator �Nho is suspended for one VLar or more.more.I ca dim hm '--wi k ick k te✓ement 20 1 OA�w 17 1 G Major violations. Violations of the terms and conditions of this Agreement that are subject to suspension for the first violation are categorized as major violations. Any subsequent or continuing major violations shall be cause for termination I Tern-nnation shall be inN okcd if in the RPD's judgrnent. continued participation in the Rotation Tow Prograin by the affected to" operator may result in a hazard to public safety and,or welfare or the operator has been convicted of a crime listed in Section 1 S 2 In lieu of termination. the RPD may impose additional suspensions for longer periods, if deemed appropriate F1 Minor �violations. Except as specifically stated in this Agreement, minor xiolations of the ternis and conditions of this Agreement n1aN he Lausc for disclphnary action in the following manner I I st violation in 12 months - letter of written reprimand 2 2nd violation in 12 months - 30 day Suspension. 3 3rd violation in 12 months - 60 to QO day suspension. 4 4th violation in 12 months - termination of this Agreement. a. In lieu of a termination, the RPD rilay impose additional suspensions for longer periods, if deemed appropriate I Nothing herein shall be deemed to prohibit the RPD from immediately suspending an-v operator Ahosc conduct, or that of his/her employee(s) in the discretion of the Police Commander is deemed to be a danger to the motoring public, or who has engaged in conduct constituting a flagrant violation of ail RPD Tow Scr�,Ice '\grcenlent. 111. DISCIPLINE PROCESS AND APPEALS 1\ Operators in nimor \iolation shall be notified in writing of the violation by the Police (oniniander The notice of violation shall be nailed to the operator at the address supplied in the Operator \pproval portion of this Agreement. B Operators in major Niolatlon or facing, SUSIVIIS1011 termination shall be notified in writing of the violation by thL Police C onimander The notice of \iolation shall be (lehNcrcd to the, operator at the address supplied in the Operator Approval portion of this \arccnient \ confirmation notice. Of VI0latI0II shall be mailed to the operator at the address -e ss supplied III tlIL Operator \ppro�al portion of this \g-recinctit. Except \-,,Iici public sal'CIN rna\ be in jeopardy immediate Suspension shall not he in effect until a I ca 40u A-m:�moll I+IN 'WI iCL \,10,U11101t 18 notice of violation is delivered to the operator Service is deemed complete when a notice of violation is delivered to the operator or employee of the operator C In the event the RPD serves the operator with a written reprimand or suspension, the operator may request a hearing within seven c,alcndar days by submitting a request in writing to the Police Commander If a hearing is requested, it shall be held as soon as practicable. The hearing shall be conducted by the Police Commander or his/her designee and the operator shall be entitled to present all relevant facts and circumstances in support of his/her position. The operator shall be further entitled to present testimony of at least one representative of a tow truck association or other qualified person. The operator shall be notified in writing of the decision of the Police Commander within ten business days of the date of the hearing. D Following a hearing, if the operator is dissatisfied with the Police Commander's decision, the operator may request an appeal by submitting a request in writing to the RPD Division commander within seven calendar days. If an appeal is requested, it shall be held as soon as practicable. The appeal shall be conducted by the Chief of Police or his/her designee. The operator shall be notified in writing of the decision of the Chief of Police within ten business days of the date of the appeal The Chief of Police's decision shall be subject to no further administrative appeal E A suspension shall not take effect until the hearing and appeal process has been exhausted, with the exception of operators whose conduct is deemed to be a danger to the motoring public or whose conduct grossly violates the terms and conditions of this Agreement. If an operator 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 RPD Police Commander or Chief of Police shall be final and the suspension shall take effect upon written notification to the operator by the Police Commander XIX. MIDTERM REVIEW OF THE TERMS AND CONDITIONS A. The purpose of this section is to provide a process for a mtdtci-iii review of the terms and conditions of this Ngreement ill the event that there is a legitimate and substantial change in conditions or law affecting the majority of the operators within the City ortlicRI'D Exanip]es of conditions may include, but not be limited to I Substantial increase or decrease in business expenses. 2 U� ances in technology in the industry- related to safety issues. I (-'hange,; in law requiring the. RPD or the operators to perforni specific functions Or operations in order to compix, JONX 'WYAiC %L'1Vk1UU11t 1-1010AOI() 4 Changes in the terms and conditions of this kgreement brought about as a result of recommendations from the Polic(. Commander and approved by the Chief of Police or his,'her designee 5 Proposed changes to the terms and conditions agreed upon by the Police Z= Commander anti the operators at the trine that the Agreement was signed (e.g. Z�l response times) B A midterm review of the terms and conditions of this Agreement may only be granted by the Chief of Police I A request for a rnidterm review of the, terms and conditions of this Agreenient shall be communicated to the Police Commander in writing, from a representative(s) of the towing industry not merely at the request of a single operator The Police Commander may also request a midterm review, if he'she fccis it is in the best interests of the motoring public, the tow industry and,or the Department. The PohcL Commander will route all legitimate requests for midterm review with all pertinent information, through channels, to the Office of the Chief of Police. 2. Conditions indicating a need for midterin review must be substantial and must affect the entire towing industry or the RPD a. For purposes of this Agreement, the midterm review process is not intended to provide relief for a single operator who wishes to increase their rates, or change any other term or condition of this Agreement, to compensate for financial problems brought about as a result of business decisions or conditions which affect a small percentage of the industry I A request for review will not be processed if there are 60 days or less remaining in the term of this Agreement. C A midterm review Nvhen granted by the Chief of Police or his"her designee will ii(--it autornatlLallv authorize a change in the terms and conditions of this Agreement If a ri-iidterrn review is announced by the Chief of Police. or hts�her designee, it is the responsibility of the Police. Commander to conduct a review of the conditions w'h1LI1 initial],,, caused the request to bei communicated and to determine if the change is justified I The. POI1CL Commander after completing the review of all pertinent issues. tray authorize the. Operators to IMlinut their proposed changes or lie she may notif-, the operators Of the Lhangc,, to be implemented and direct them to COITIPIy, With these. Lhanges If after c\aivating all pertinent information, the. Police Commander authorizes or directs a Lhange in the. terms and conditions of the Aurcement, or it he she decides that a change is not justified. he she. Shall l L.I t I j Ill N=S_LVII I CTI ISI i I kk ',LTICC Nyre-micli 1 3 20 1 H,6 I C 20 notify the towing industry representative within 14 Lalciidar days of the (late of the Chief of Police's announcement authorizing thL midterm reviev, Lt. Operators shall resubmit then- proposed changes in writing to the Police Commander Nvithin seven calendar days of the date that the Police Commander announces his,her decision Failure to resubmit a written proposal within the specified time may result in the operator forfeiting his/leer ability to propose more equitable conditions or rates, or ri-IaN be LaUSC for disciplinary action or termination Of the. Agreement. I If the proposed change affects tow rates only operators shall resubmit their proposed rates on a ne=w application (CHP 34A) The new application shall contain only the information pertinent to the rate proposals. When received by the Police Department, the ncA, application will be attached to the original application for the current tend. 11 The Police Commander shall determine the reasonablene=ss of the rate, based upon the a,,erage of the proposed rates submitted An additional pagL with the new rate(s) shall be signed and attached to the original 2 In the event that the towing industry representative(s) is,are dissatisfied with the Police Commander's decision, the towing industry through its representative(s) may request an appeal by submitting a request in writing to the Chief of Policc within seven calendar days. If an appeal is requested, it shall be conducted by the Chief of Police, or hi&'her designee, as soon as practicable The number of representatiN es at the appeal shall be limited to a maximum of two A designated representative shall be notified in writing of the decision of the Chief of Police within seven Lalendar days of the date of the hearing. 3 In the event that the Police Commander's decision is to direct the operators to resubmit rates NNInch are more reasonable than the current rates, the new rate application process shall not be initiated until the hearing and appeal process is exhausted If the towing, industry or its represcritative(s), fad(s) to request a hearing or apj-)LaI within the specified time or fad(s) to appear at a scheduled hearing or appeal the decision of the Police ( onirriander shall be final and tile neve rate application process shall begin, 4 in the cN crit that the Police Commander's decision is to direct the operators to complN with a change to ani, other term or condition (it this ALgi-ccinctit, e g. change In I-CSIVIISC times the new terms and conditions shall not be„ initiated until the hearing and appeal process IS CXIIaUstcd. If the, towing industr\ or its rcprcscntati\c(s) fail(s) to request a licaring or appeal within the SPCLIficd time. or fail(s) to appear at a scheduled hearing or appeal the. decision of the POIICC Commander ;hall bL final and the ncN\, rate application proce,;s shall begin I kEl(tjlll A-1 Celli Cos ["\0erg icc \g1ccliwol _2010 dot 21 \X ADVERTISING A The operator shall not display any sign or engagL in ativ adv crtisernent indicating an official or unofficial connection with the RPD or the Department of Motor Vehicles. l Examples include. "Official RPD Tow " "Approved by RPD " "RPD Rotation Tow " and 'Police Tow 2. This will not preclude the Police Commander front implementing a system to mark and identify a particular tow truck as having passed the RPD inspection B Any violation of this section is cause for suspension At a minin-lurn, the suspension shall be for tile duration of the advertisement. XXI STORAGE The operator shall maintain mailable space of adequate area to store and protect disabled ,,chicles Such storage space will meet the following standards. I Storage lots shall be a minimum area of 00000 square feet and shall accommodate a minimum of 200 vehicles Such lots ,;hall be properly fenced in accordance with the zoning and building requirements Of the City and be screened from all public rights-of-way and be at least six feet in height. Lots must be equipped as to provide adequate lighting during the hours of darkness. and further will be provided with Z= facilities for locking or otherwise securing the same Lots should be so located as to be under constant surveillance of the operator and located in an area subject to police patrol. `vehicles requiring special handling for niN/estigation, i.e. fingerprinting, photographing, searching, ct(,. must be under roof in a building capable of being secured Such vehicles will not be moved Or touched after storage therein without the consent of the Redlands Police Department Investigating Officer I When it is neccssarN to remove N chicles other than those, in subsection 2 of this section to other storage facilities to make space available for current impounds. the Police as Department shall be notified in N\ruing within twenty-tour hour,; of the neve location of such vehILIeS The, IICN% location will Meet the requirements established in this chapter \Xll RFC ORD OF IMPOt NDML\TAND STORAGE The tm% scr\-iCL and StOra( L garage grantee shall keep records of all NCII]LICS ordered impounded and stored b\ the Redlands Police Department, at IIIS place ot'business. Such records &ik, 22 shall be a\,ailable to members of the Redlands Police Department and to any other person specifically authorized in writing by the Redlands City Manager A Records shall include but not be Innited to I CHP Forin 180 Report of`Impounded 'v ehicles, 2 C HP Form 126 Report of Notification of Impound -1 City Police Department vehicle release order 4 Copies of registered letters to vehicle owners, 5 Inv cntory I ists of personal property in impounded and stored N chicles, 6 Charge sheets listing tow charges and storage fees against each individual 4:� 9 vehicle, and when possible will contain the owner's release (signature) B The Records listed in subsection A of this section will be maintained in jacket files by date of impound or storage and readily available for the police officer in charge of the investigation, or responsible members of the California Highway Patrol or by any person specifically authorized in writing by the City Manager XXIII. WRITTEN PERMISSION REQUIRED TO DO SERVICE OR WORK The tow service and storage garage operator shall not perform any service or work upon any police impound in his possession without first obtaining written permission from the vehicle owner or his agent. No work or contract will be entered into between the tow service and storage garage operator and the vehicle owner or his agent until the vehicle has been released in writing by the Redlands Police Department. XXIV WEEKLIY REPORT OF VEHICLES IN STORAGE The to" service and storage garage operator shall render a report each 'Aeck to the Redlands Police Department listing the vehicles remaining in storage. Report shall specify the period of time of storage of the vehicle vvithout being claimed by the owner XXV PROGRAM FEES 1\ 'File operator shall pay the follow ing fees to the ( itN in connection kvith, the operators participation in the rotational toxv program I For all Impounded and StOrCd %Chicles S75 program fee Z7 B The tow operator in not responsible for paving a program fee to the Police Departinctit for vehicles toxNcd for evidence purposes. \elitcles stored under 22651 (L). Rccox ered Stolen N ChILIL or CVC 22651 (,,,) Incapacitated Dri\cr I Cil dini \uConcill, fog k ls':T-b ice Ngrecillent '010 doc 23 C The tow service and storage garage operator shall render a report each month to the Redlands Police Department listing the Nchicles towed The report shall be on a torin specified by the Redlands Police Department and will accompany the. required program fees for that month The report shall cover the previous calendar month and shall be proN-ided w ithin. 15 working days XXVI CANCELLATION This Agreement may be canceled by either party by giving ten (10) days prior written notice to the other party XXVII ATTORNE4 S FEES In the event any action is commended to enforce or interpret the terms. conditions or provision of this Agreement the prevailing party shall in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys fees, including fees for the use of in-house counsel by a party L a dIIII \grccmvtil� lasts sen IC 24 I OPERATOR APPROVAL I certify that I have read and understand this Tow Service Agreement and agree to abide by all provisions I further agree to indemnify defend and save harmless the City of Redlands and its elected officials, officers agents and employees from any and all claims and losses accruing or resulting to the operator in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by the operator in the performance of this Agreement The operator and the agents and employees of the operator, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State of California. OPERATOR APPROVAL Signature lie Typed/Printed Name Company Title Date Business Address Phone Number 'C ci- This Tow Service Agreement will be valid for a period of 36 months (3 years) beginning April 20 2010 ending April 20 2013 'Ile /Z James R. Bucerniann Date Pat Gilbreath Date Chief of Police Mayor ATTEST City Clerk ATTAC14MENT 'A' DEFINITIONS APPEAL The final level of review for written reprimands, suspensions. terminations. or review of the Police Commander's decision regarding the midterm rewiew process. An informal review conducted by the Police Commander or his/leer designee at x0lich, an ol.1crator may present evidence or witnesses to show that an action taken by the Police Commander was improper or to mitigate the action taken. BASE SERVICES Any service or tow which is performed when the vehicle operator or agent is present and the vehicle is not stored at the direction of an officer CHIEF OF POLICE The Chief of Police of the Redlands Police Department. CHP The Department of the California Highway Patrol ENROLLMENT PERIOD The period of time when a tow cornpan4 may submit an application for inclusion oil the rotation tow list. The enrollment period will be open for at least 30 dans and the dates will. be determined by the Police Commander DI, RATION OF 1 HE TO'W SFR\ ICE \CJREEMFNJ' (TSA) The duration or this Ts N shall be set b%- the Police Commander For no less than one war and no longer than three. years. INC1DI-'N"I' C OVIM AN DL R The unilormcd RPD nicnilicr present at the incident who has scene management rcsponsibihtje,. I .j t1i III 1 I-cL�jj I clit,]­(,�N I,vr\ici! A-] LOAD SALxv AGE OPERATIONS Any operation involving the recovery of a load which has been spilled, or the off-loading and reloading of a load from an overturned vehicle performed in order to upright the vehicle This will be limited to operations involving Class B and C tovv trucks. NOTICE All notices relating to this Agreement shall be tri NkTifing and dclikcrcd to the other party in person, via FAX, or by US marl Of F ICE OF THE CHIEF OF POLICE Chief of Police or Police Commander OPERATOR A tow service which has been issued a Letter of Authorization, has signed the Tow Service Agreement, and is approved to receiv(. RPD referred calls. The term "operator" refers to the company its owner(s) and its manager(s) who have authority to enter into an Agreement with the RPD for towing services and to conduct business in accordance with the terms of this Agreement, and its crnployees. PARTY OF INTEREST Refers to the registered owner of the. vehicle, or Insher agent. All agent is a Darty vvho may lawfully act on behalf of the: registered or legal owner of the vehicle. POLICE COMMANDER The Pohc- Commander in charge of thL Redlands Police Department Field Services Division. PORTAI, TO PORTAL Scr\ICL shall start at th- time of departure frorn thL, plaCL of business or point of dispatch. t011CIICVCI- IS Lloser to thL IoLation of tht. -all. and shall end at the estimated tii-nc of return to the plaLC of bUSUICSS or thL C0111pletI011 of the Lail if another call is pending, whichce er is shorter I �a dim Ap rcco I colN Tow Scv%I,C N--reuMdlt 20 10 Aoc A-2 Return to place of business inLludes a reasonable and 4erifiable amount of time required to place the tow truck back into set-vice when unusual circumstances require additional time that are not Dart of normal operating procedures. (Examples 1) 4 X 4 recovery in the mud reasonable to charge for cleaning mud from truck and equipment, 2) burned car on car carrier reasonable to chargL for cleaning burn debris from carrier bed 3) Lar tox,acd from side of road on nnstN night and Ica,,,cs mud track on bed of carrier not reasonable to charge for cleaning of carrier bed.) For the purpose ol'this Agreement, "Portal to Portal" .,hall also mean "Portal to End of Service." POSSESSION Pursuant to Section 3068 of the Civil Code, possession is deemed to arise when the -vehicle is removed and is in transit PUBLIC SAFFT'r RESPONSE A response which results in a storage of a vehicle at the direction of an officer This does not include a storage at tile request of the vehicle operator registered owner or agent. REPRESENTATIVE A person or group of persons appointed by the operators within the City of Redlands, designated to represent their interests to the Police Commander RESPONSE TIME Tlit, period of time frorn an operator's notification by a RPD Communications Center of a call to the arrikal of the tow truck at the location requested RPD Redlands Police Department RET kIL R�k'FF The usual custoniar� retail rate. charged b�, an operator to individual retail Customers This a — IS the COMP01t]VL rate ,I company has posted In the office and quotes o\cr the phone SUSPENSION Removal of an operator from the RPD rotation to", list for a specified period of time Suspensions iria3, b(-, for periods longer than the current term Of thL Agreement. TERMINATION Permanent removal of a tow operator from the RPD rotation tow list for the remainder of the term of the Tow Service Agreement and disqualification from any further participation in the Department's Rotation Tow Program TOW TRUCK A tow truck as defined in Section 615 of the California Vehicle Code. Also includes slide back carriers and wheel lift vehicles. TOW SERVICE AGREEMENT A document which sets forth the terms and conditions of an Agreement between the operator and the Police Commander representing the RPD VEHICLE RECOVERY OPERATION An o, cration itwolthe process of uprighting an overturned vehicle or returning a p ving Z= vehicle to a normal position on the roadway which requires the use of auxiliary equipment due to the size or location of the vehicle. This will normally be limited to operations requiring a Class B or C tow truck(s) WAIVER OF REQUIREMENTS ProN ides for temporary relief from selected terms and conditions Of the ToNN SerN,1c(- Agreement. WRITTE\ REPRIMAND � written notice to an operator NNhich specifies ani, violation(s) of the tow Servicc Agreement. order, corrcctixc action. and N�arns of further action(,;) to be taken if corrective action is not taken. I Ct difft -Ng1-00)1MLS'I tM SO'k R-L Agcownt 2010,doL A-4 declaring May 2010 as Veteran Appreciation Month. 'fhe Mayor announced she would present the proclamation to an Ameman Legion Post at an appropriate time Blue Ribbon Week - fin motion of Mayor Pro 'rem Bean. seconded by Councilmember Gallagher the Ctty Council unanimously approved a proclamation declaring May 9-15 2010 as Blue Ribbon Week Sexual Assault Awareness Month - On motion of Mayor Pro 'rem Bean, seconded by Councilmember Gallagher the City Council unanimously appro-%.ed a proclamation declaring April 2010 as 'Sexual Assault Awareness Month Eaule Scout Achievement - On motion of Mayor Pro rem Bean, seconded by Councilmember Gallagher the City Council unanimously agreed to approve a Certificate of Achievement to Robert Foster Jr for attaining the highest rank in scouting of Lagle Scout. Rotational Tow Agreements— Mayor Pro Tem Bean inquired as to the tow policy of the Redlands Police Department. He was assured by Chief Bueermann that every effort was made to avoid undue hardship for vehicle owners subject to towing. Individuals specifically forbidden from driving by the courts are the only cases in which mitigating circumstances are not considered prior to towing. On motion of Mayor Pro Tem Bean, seconded by Councilmember Gallagher, the City Council unanimously approved rotational tow applications from Brone's Towing, Inc., L&L Towing, and Bill and Wag's Inc. Computer Software Aueements - Cin motion of Mayor ProTem Bean, seconded by Councilmember Gallagher the City Council unanimously approved an amended Software License Agreement and an amended Update and Support Agreement with Azteca Systems. Inc. for the training and implementation support for the -Cityworks Permitting and Server Maintenance Management System. Wastewater Reclamation Facility - On motion of Mayor Pro 'rem Bean, seconded by Councilmember Gallagher the City Council unaiiinioush, approved the purchase from Flo-Systems, Inc of three peak pond pumps for the wastewater treatment plant Resolution No 6934- Transoortation Proivams - On motion of Mayor 111roTem Bean. seconded by (,ouncilmember Gallagher, the City Council unanimously approved Resolution No 6934 authorizing the Mayor and any 00., Council Member to execute Calillornia State I ransportation (Caltrans) Program Agreements and related documents for state high-waN projects authorized by the City (ouncil Apri 120, 2010 Page 2