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28 OFFICE OF THE CITY ATTORNEY
CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
A G R E E M E N T
THIS AGREEMENT ( "Agreement"), dated for purposes of identification on ly this ___ day of ______, 2022, is made and entered into by and between the
CITY OF ANAHEIM, a municipal corporation,
hereinafter referred to as "ANAHEIM",
A
N
D
COUNTRY CITY TOWING, INC., a California corporation,
hereinafter referred to as "OPERATOR".
W I T N E S S E T H:
WHEREAS, ANAHEIM from time to time requests the services of a towing company for towing disabled, stored and impounded vehicles; and WHEREAS, OPERATOR is qualified to provide such services when requested, and is willing to do so under the terms and conditions set forth herein.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITION S HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:
1. TERM
The term of this Agreement shall commence on January 1, 2023, and shall continue through December 31, 2023, unless terminated as set forth below. ANAHEIM shall have the option to renew this Agreement, under the same terms and conditions, for four (4) additional one-year terms. Such option may be exercised by the ANAHEIM Chief of Police in his sole or her discretion.
2. DESIGNATION OF AGENTS
The ANAHEIM Chief of Police and/or the Anaheim Tow Board shall represent ANAHEIM in all matters pertaining to this Agreement.
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28 OFFICE OF THE CITY ATTORNEY
CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
3. SERVICES TO BE PROVIDED BY OPERATOR
A. All services provided by OPERATOR shall be in accordance w ith the, "Anaheim Police Department Rotational Tow Policy Guidelines and Requirements" (hereinafter "Tow Policy "), as may be amended from time to time. A copy of the current Tow Policy is attached hereto as Exhibit A and incorporated herein by reference. Any amendment to the Tow Policy will become effective thirty (30) days after a copy of the amendment is delivered to OPERATOR, unless an earlier effective date is specified by ANAHEIM in the amendment.
B. OPERATOR agrees to tow and/or store vehicles as requested by ANAHEIM on a nonexclusive basis. Requests for towing of City vehicles shall be made by City employees; all other requests for towing shall be made by a member of the Anaheim Police Department. It is understood by and agreed between the parti es that ANAHEIM may enter into agreements similar to this Agreement with other towing companies, and that OPERATOR's services shall be requested by ANAHEIM on a rotating basis with those other companies. It is further understood by and agreed between the parties that ANAHEIM reserves the right to limit the number of agreements with towing companies to ensure that services provided are of a high quality.
4. DOCUMENTATION
ANAHEIM shall provide OPERATOR with documentation indicating that OPERATOR has a current agreement with ANAHEIM to provide towing and storage services.
Said documentation shall be displayed in the tow truck, or carried upon the person of the tow truck driver. The documentation shall be non -transferable, and OPERAT OR shall return such documentation to ANAHEIM in the event this Agreement is terminated.
5. DRIVERS
OPERATOR shall be responsible for the acts or omissions of drivers responding for OPERATOR in connection with this Agreement, and sh all ensure that drivers comply with the applicable terms and conditions of this Agreement and the Tow Policy. ///
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28 OFFICE OF THE CITY ATTORNEY
CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
6. INDEMNIFICATION
A. As respects acts, errors or omissions in the performance of professional services, OPERATOR agrees to indemnify and hold harmless ANAHEIM, its officials, employees, and ANAHEIM designated volunteers from and against any and all claims, demands, defense costs, liability or consequential damages of any kind or nature arising directly out of OPERATOR's negligent acts, errors or omissions in the performance of his professional services under the terms of this Agreement.
B. As respects all acts or omissions which do not arise directly out of the performance of professional servi ces, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, OPERATOR agrees to indemnify, defend (at ANAHEIM's option), and hold harmless ANAHEIM, its officials, agents, employees, representativ es, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with OPERATOR's (or OPERATOR's subcontractors, if any) performance or failure to perfo rm, under the terms of this contract; excepting those which arise out of the sole negligence of ANAHEIM.
C. The obligations set forth in this indemnification provision (i) shall be in effect without regard to whether or not ANAHEIM, OPERATOR, or any other person maintains, or fails to maintain, insurance coverage, or a self -insurance program, for any such Claims; and (ii) shall survive the termination of this Agreement.
7. INSURANCE
Without limiting ANAHEIM'S right to indemnificati on, it is agreed that OPERATOR shall secure prior to commencing any activities under this Agreement, and maintain during the term of this Agreement, insurance coverage as follows:
A. Workers’ Compensation Insurance as required by California statutes.
B. Comprehensive General Liability Insurance, or Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, Broad -Form Property
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28 OFFICE OF THE CITY ATTORNEY
CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
Damage (if applicable) and Independent Consultants' Liability (if applicable), in an amount of not less than Two Million Dollars ($2,000,000.00) per occurrence, combined single limit, written on an occurrence form.
C. Comprehensive Automobile Liability coverage; including, as applicable, owned, non -owned and hired autos, in an amount of not less than Two Million Dollars ($2,000,000.00) per occurrence, combined single limit, written on an occurrence form.
D. Professional Liability Insurance coverage in an amount not less than Two Million Dollars ($2,000,000.00), and OPERATOR shall maintain such coverage for at least one (1) year from the termination of this Agreement.
E. ANAHEIM'S Risk Manager is hereby authorized to reduce requirements set forth above in the event he determines that such reduction is in ANAHEIM'S best interest.
F. Each insurance policy required by this Agreement shall contain the following clauses:
i. "This insurance shall not be cancelled, or limited in scope or coverage, or non-renewed until thirty (30) days prior written notice has been given to the City Clerk, City of Anaheim, 200 S. Anaheim Blvd., Anaheim, CA 92805."
ii "It is agreed that any insurance maintained by the City of Anaheim shall apply in excess of and not contribute with insurance provided by this policy." G. Each insurance policy required by this Agreem ent, excepting policies for workers' compensation and professional liability, shall contain the following clause:
i. "The City of Anaheim, its officials, agents, employees, representatives and volunteers are added as additional insure ds as respects operations or activities of, or on behalf of the named insured, performed under contract with the City of Anaheim." H. Prior to commencing any work under this Agreement, OPERATOR shall deliver to ANAHEIM insurance cer tificates confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above. Also, within thirty (30) days of the execution date of this Agreement, OPERATOR shall provide to ANAHEIM endorsements to the above-required policies, which add to these policies the applicable clauses
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28 OFFICE OF THE CITY ATTORNEY
CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
referenced above. Said endorsements shall be signed by an authorized representative of the insurance company and shall include the signator's company affiliation and title. Should it be deemed necessary by ANAHEIM, it shall be OPERATOR's responsibility to see that ANAHEIM receives documentation acceptable to ANAHEIM which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company. Also, ANAHEIM has the right to demand, and to receive within a reasonable time period, copies of any insurance policies required under this Agreement.
I. In addition to any other remedies ANAHEIM may have if OPERATOR fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, ANAHEIM may, at its sole option:
i. Order OPERATOR to stop work under this Agreement and/or withhold any payment(s) which become due to OPERATOR hereunder until OPERATOR demonstrates compliance with the requirements hereof;
ii Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies ANAHEIM may have and is not the exc lusive remedy for CONSULTANT’s failure to maintain insurance or secure appropriate endorsements.
Exercise of any of the above remedies, however, is an alternative to other remedies ANAHEIM may have and is not the exclusive remedy f or OPERATOR's failure to maintain insurance or secure appropriate endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to which OPERATOR may be held responsible for payments of damages to persons or property result ing from OPERATOR's or its subcontractor's performance of the work covered under this Agreement.
8. RECORDS
OPERATOR shall maintain records of all impounded and stored vehicles at its place of business. Records shall be maintained in jacket files by date of impound or storage.
Such records shall be available only to police officers or to representatives of ANAHEIM's
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28 OFFICE OF THE CITY ATTORNEY
CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
Finance Director, and shall be retained for a minimum of two (2) years. Such records shall include, but shall not be limited to, the following:
A. APD Form 231, Vehicle Impound Report , and/or Electronic Impound Report.
B. Copies of registered letter to vehicle owner.
C. Charge sheets listing tow ch arges and storage fees for each individual vehicle and, when possible, containing the signature of the vehicle owner indicating authority to release.
OPERATOR shall also keep a log recording the time and date it receives each call from ANAHEIM.
9. CHARGES
For services provided pursuant to this Agreement, OPERATOR shall charge the rates set by the Anaheim Tow Board as reflected in Exhibit A and subject to Section IV, I of the Tow Policy. OPERATOR may request the Anaheim Tow Board to re-evaluate these rates during the term of this Agreement. ANAHEIM shall notify OPERATOR by letter of any subsequent changes to existing rates ; OPERATOR shall post current charges in its business office. The Anaheim Tow Board, in its sole discretion, is authorized to increase such rates if and when this Agreement is renewed as provided in Paragraph 1, above.
10. TERMINATION
A. During the first one hundred -twenty (120) days of the term of this Agreement, ANAH EIM may terminate this Agreement with or without cause upon giving OPERATOR at least five (5) days' written notice.
B. After the first one hundred -twenty days (120) of the term of this Agreement, ANAHEIM may terminate or suspend the performance of this A greement upon giving OPERATOR at least fifteen (15) days' prior written notice in the event any of the following occur:
i. OPERATOR fails to perform or provide prompt, efficient, and thorough service, or fails to comply with the terms and conditions of this Agreement.
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28 OFFICE OF THE CITY ATTORNEY
CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
ii. OPERATOR relocates its business office or storage lot outside the city limits of ANAHEIM.
iii. ANAHEIM receives citizen complaints regarding OPERATOR's services, charges, o r other business practices, and ANAHEIM's Tow Board determines, in its discretion, that the number or nature of complaints warrant suspension or termination. iv. OPERATOR fails on three (3) occasions within a thirty (30) day period to respond to requests for towing service within fifteen (15) minutes. v. ANAHEIM determines that the overall quality of towing services is being adversely affected by the number of towing companies then under contract with ANAHEIM to provide towing services.
C. ANAHEIM may suspend the performance of this Agreement for a period of up to ninety (90) days. The period of suspension shall be considered part of the term of this Agreement, and shall not toll the running of the term.
D. OPERATOR may terminate this Agreement upon giving ANAHEIM at least sixty (60) days' prior written notice.
11. ENTIRE AGREEMENT
This writing constitutes the entire agreement between the part ies with respect to the subject matter hereof, and supersedes all oral or written representations or written agreement which may have been entered into between the parties. No modification or revision shall be of any force or effect, unless the same is in writing and executed by the parties hereto.
12. GOVERNING LAWS AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange.
13. COMPLIANCE WITH LAWS
In the performance of this Agreement, OPERATOR, its agents, employees, representatives and independent contractors, shall abide by and conform to any and all applicable laws of the United States, the State of California, and the City Charter and Ordinances of
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28 OFFICE OF THE CITY ATTORNEY
CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
ANAHEIM.
14. INDEPENDANT CONTRACTOR
OPERATOR is at all times an independent contractor pursuant to this Agreement and shall not, in any way, be considered to be an officer, agent or employee of ANAHEIM.
15. NO THIRD PARTY RIGHTS
The parties intend not to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any dut y, covenant, obligation or undertaking established herein.
16. NOTICES
Notices and communication concerning this Agreement shall be sent to the following addresses:
If to ANAHEIM: CITY CLERK
City of Anaheim
200 S. Anaheim Boulevard, 2nd Floor
Anaheim, California 92805
FAX No. (714) 765-4105
If to OPERATOR: Country City Towing, Inc.
110 E. Commercial Street
Anaheim, CA 92801
Attn: Jay Van Arsdale, President
Either party may, by notice to the other party, change the address specified above.
Service of notice or communication shall be complete, if personally served, when received at the designated address, or five (5) days after deposit of said notice or communication in the U.S. mail.
17. EFFECTIVE DATE AND AUTHORITY
The effective date of this Agreement shall be the latest date of execution hereinafter set forth opposite the names of the signators hereto. In the event OPERATOR fails to set forth a date of execution opposite the name(s) of OPERATOR's signator(s), OPERATOR hereby authorizes ANAHEIM, by and through its representative, to insert the date of execution by OPERATOR's signator(s) as the date said Agreement, as executed by OPERATOR, is received by ANAHEIM.
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28 OFFICE OF THE CITY ATTORNEY
CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD, SUITE 356
ANAHEIM, CA 92805
(714) 765-5169
FAX (714) 765-5123
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth.
CITY OF ANAHEIM,
DATE: ____________ a municipal corporation
By: __________________________________
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
COUNTRY CITY TOWING, INC., a California
corporation
DATE: ____________ By: ____________________________
Print Name: _____________________
Title: __________________________
APPROVED AS TO FORM:
ROBERT FABELA, CITY ATTORNEY
By: __________________________________
Kristin Pelletier
Chief Assistant City Attorney, Civil Division
ANAHEIM POLICE DEPARTMENT ROTATIONAL TOW POLICY
APD Tow Policy Page 1
GUIDELINES AND REQUIREMENTS
PURPOSE The purpose of this policy is to establish guidelines and requirements to efficiently manage and provide Police initiated towing service that will be of mutual benefit to the Public, the Anaheim Police Department, and the Towing Companies providing that service.
GOAL The City’s goal is to provide to persons who require the services of a towing company the highest level of service at a fair and low cost.
I. ROTATION CALLS
A. Definitions
1. A call for towing service, which is initiated by a Police Department employee, for the purpose of storing or impounding a vehicle.
2. A call for towing service, which is initiated by a Police Department employee, for the purpose of removing a vehicle which has been involved in a collision and the owner or driver has not specified a tow service or garage.
3. A call for towing service, which is initiated by a Police Department employee, at the request of the driver of a disabled vehicle and the towing service or garage is unspecified.
4. A call for clean up service, which is initiated by a Police Department employee, for the purpose of removing fluids or solid materials from the highway, including sidewalk and parkway.
B. Rotation Rules
1. Whenever a driver is unable to specify a particular garage or tow service, the garage or tow service called shall be taken from a rotation list, in the proper order which is under the control of the Communications Bureau of the Police Department to ensure an equitable distribution of calls. When more than one vehicle is to be towed from an accident scene, the number one towing service on rotation shall have preference on service to all vehicles at an accident scene. If they cannot handle service for all vehicles, the next tow service up on rotation shall be called to assist and shall not lose their position on the rotation list.
2. A call to a tow service shall constitute one turn on the list and the tow service shall be moved to the bottom of the list. This includes when the company fails to answer the phone, is unable to respond, or is canceled due to excessive response time. If it is determined that tow service is not needed and is canceled, up to and
ANAHEIM POLICE DEPARTMENT ROTATIONAL TOW POLICY
APD Tow Policy Page 2
including arrival at the scene without hook-up, there shall be no charges and the tow service will be placed back on top of the rotation list.
3. The towing service shall advise the Anaheim Police Department 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, the towing service is unable to respond or will be delayed in responding, the towing service shall immediately notify the Police Department’s Communications Bureau. The towing service will lose their rotation and shall not assign calls to another towing service.
4. If a tow service is called for clean-up only, the tow service will maintain its position as being next in rotation for a vehicle tow.
II. TOWING SERVICE REQUIREMENTS
A. The tow service shall render 24 hours, 7 day a week towing service, and the service area shall include the entire city limits of the City of Anaheim. Towing services shall respond to the scene within 15 minutes from the time when called by the Anaheim Police Department Dispatch Center. Upon request for a Big Rig tow vehicle, response time may be up to 45 minutes. All tow trucks and their equipment shall be in good working condition. Once a tow truck has arrived at a scene, the driver shall, without undue delay, move vehicles to a location where they do not impede or obstruct traffic, and remove any debris and fluids (except clear water) on the ground originating from the vehicles. Undue delay includes, but is not limited to, delays caused by lack of knowledge or training of the tow truck driver to effectively operate the tow truck or its equipment, faulty equipment, and the lack of necessary equipment or supplies to remove a vehicle and/or clean the scene.
B. Towing service is required to have dispatching capabilities to their trucks/drivers 24 hours per day.
C. Anaheim Police Department tow and storage rates shall be posted conspicuously (with 1” letters) in public view, in accordance with California Civil Code Section 3070.
D. Each tow service will have a staffed office in Anaheim. It will be staffed to the extent that employees can release vehicles, file and maintain documents, answer questions from the public both in person and on the phone. The office shall be staffed Monday through Friday, 8:00 A.M. - 5:00 P.M. The tow service office may be closed on City of Anaheim recognized holidays; however those days will be posted in the tow office at least 30 days in advance. The towing service office shall possess a valid City of Anaheim Business License. Any vehicles impounded/stored by the Anaheim Police Department shall be stored within the corporate City limits of Anaheim.
E. Each contract tow company shall be required to furnish their employees with a distinctive company uniform. Each uniform shall have the firm name, as well as the employee’s
ANAHEIM POLICE DEPARTMENT ROTATIONAL TOW POLICY
APD Tow Policy Page 3
name, in a conspicuous place. Each employee shall have sufficient uniforms so as to maintain a neat, clean appearance at all times. Minimum requirements for uniforms include a shirt and pants.
F. The tow service shall maintain a current list of drivers and shall furnish a copy of same to the Anaheim Police Department on or before the 10th day of each month. This list shall contain current information on owner(s) and drivers. They will furnish residence address, city, zip code, phone numbers, date of birth, driver’s license number, unit number, tow operator’s permit number, date of permit, date of hire, date of current list, and any other personnel information that may be requested by the Police Department. This information shall be supplied on a towing service personnel report. This form must be signed by a tow company representative. False and/or misleading information is cause for termination.
G. Operators shall not employ tow truck drivers with poor driving records. To do so knowingly or negligently would be grounds for suspension or termination.
Examples:
1. A driving record reflecting four (4) or more points in twelve (12) months constitutes a poor driving record. Five (5) or more points in twenty-four (24) months constitute a poor driving record.
2. A driving record reflecting a conviction for driving while under the influence of intoxicating liquor or narcotic/drugs or both, within the preceding two (2) years constitutes a poor driving record.
3. For a driver with a commercial license reflecting three (3) or more points in twelve (12) months constitute a poor driving record. Four (4) or more points in twenty-four (24) months constitute a poor driving record.
4. For a driver with a commercial license reflecting a conviction for driving while under the influence of intoxicating liquor or narcotic/drugs or both, within the preceding three (3) years constitute a poor driving record.
H. The towing services will maintain a minimum of one driver on-duty at all times. In addition, at least one driver will be on stand-by at all times.
I. Tow company applicants must have provided towing service under their current name throughout the immediate 24 months prior to the application.
J. A towing service shall not respond to an Anaheim Police Department call assigned to another tow service unless requested to do so by the Police Department. Repeated violations of this rule may result in disciplinary action, including suspension from the rotation list.
ANAHEIM POLICE DEPARTMENT ROTATIONAL TOW POLICY
APD Tow Policy Page 4
K. All stored vehicles shall be released from the tow company’s office in the City limits of Anaheim.
L. If a towing service wishes to utilize a new storage facility, the towing service shall obtain the approval of the Chief of Police or his designee and furnish the new address thirty (30) days in advance for inspection.
M. Hazardous material spills and debris shall be handled by the Anaheim Fire Department or the Fire Department’s designated clean up service Contractor. Minor oil/diesel fuel, etc., type spills will continue to be handled by the tow drivers. Used (contaminated) absorbent will only be released to a business licensed to dispose/treat the used absorbent.
Each tow truck shall be equipped with:
1. Two (2) covered buckets, each having a minimum capacity of three (3) gallons.
One bucket will contain at least three (3) gallons of absorbent material (such as sand or similar material in keeping with EPA guidelines) capable of soaking fluids, and the second one to be used for placement of debris and other materials cleaned from an incident site.
2. One (1) broom.
3. One (1) shovel.
All State and Federal E.P.A. Guidelines shall be followed
III. STORAGE SECURITY RESPONSIBILITY
A. General Requirements
1. The perimeter fencing of an open area storage/impound lot shall be a block wall of non-climbable design or a chain link fence at least six feet high. The wall or fence shall have a minimum of three strands of barbed wire or razor ribbon around the top of the entire fenced area, installed in such a manner so as to impede access over the top of the fence or wall. It shall not extend beyond the property line. Maximum gap between bottom of fence/gate and pavement/ground is 2”. The bottom of the fence shall be reinforced with approximately 9 gauge or stronger wire to prevent access underneath. The wall or fence must have at least one gate or door allowing access to the lot, with a locking device on such gate or door.
2. There shall be adequate lighting (minimum maintained one foot candle of light) to illuminate the entire storage/impound lot as well as all structures thereon.
Evidence of compliance may be provided through photo metrics on a site plan.
This compliance shall be presented to the Police Department Traffic Bureau if requested. Lighting shall be directed so as not to interfere with neighboring uses.
3. Adequate open storage space shall be provided to accommodate a minimum of 100 stored, impounded, and disabled vehicles resulting from police calls for
ANAHEIM POLICE DEPARTMENT ROTATIONAL TOW POLICY
APD Tow Policy Page 5
towing services. Tow operators may have more than one lot in order to accommodate the 100 vehicles. Each motor vehicle will be accessible by an aisle not less than ten (10) feet wide.
4. Additional security devices may be required as deemed reasonably necessary by the Police Department.
5. Any damage to wall and/or fence structures shall be repaired within 24 hours to insure proper protection for the stored/impounded vehicles.
6. The towing service shall bear sole responsibility for all personal property and vehicle accessories, together with the vehicle, stored within its storage facility.
The City of Anaheim, its officers, agents, and employees shall be relieved of all responsibility.
7. The tow service shall notify the Anaheim Police Department prior to removing property from a stored vehicle and will provide an itemized receipt, with a copy placed in the stored vehicle, and a copy forwarded to the Anaheim Police Traffic Bureau. The report will include the Police Department Report Number (G.O.) and will be sent to the Records Bureau.
a. Any such removed property is to be placed in a locked storage unit with a documented limited employee access system approved by the Anaheim Police Department.
1. The system will include a log with date, time, name and purpose of all person(s) entering the storage unit.
2. A list of all person(s) with access to the storage unit will be provided in advance.
b. Property will not be released from vehicles impounded/stored without written authorization from an Anaheim Police Department Supervisor.
Personal Property is considered to be items which are not affixed to the vehicle.
B. No vehicle impounded/stored at the direction of the Anaheim Police Department shall be released without written approval from the Anaheim Police Department.
C. Upon taking physical control of the vehicle, operator assumes full responsibility for the vehicle and its contents.
D. Evidence hold or special handling requirements:
1. The secured evidence hold area must be within the confines of the tow company’s primary storage facility, within the city limits of Anaheim.
ANAHEIM POLICE DEPARTMENT ROTATIONAL TOW POLICY
APD Tow Policy Page 6
2. It is required that the tow service provide an enclosed “evidence hold” area. It shall be secured at the top by either a roof or having razor ribbon/barbed wire around the top. It must have a door with a locking device for protection from the elements of weather and other forms of contamination and/or tampering.
3. The bottom edge of the enclosed structure shall not be more than 2” above the finished parking surface of the enclosed area.
4. Structure will have a hard floor of either concrete or asphalt kept in a clean condition.
5. A hydraulic lift in the evidence hold area is desirable.
6. This space must be adequate to contain two full-sized passenger vehicles.
7. The area will provide ample room for vehicle inspection, free of restriction by other vehicles, equipment, structures, or other objects.
8. The area will be free of pedestrian and vehicle traffic during the inspection.
9. Only items being held as police evidence will be kept in the “evidence hold” storage area.
10. There must be adequate lighting and electrical power immediately available to this area.
11. Vehicles with “evidence holds” will not be touched, moved, or tampered with in any manner without the Anaheim Police Department’s written consent.
12. A log will be maintained to document date, time, name and purpose of all person(s) entering the storage area for vehicles with “evidence holds.”
13. The tow service operator shall not charge the City for storage of vehicles that involve an evidence hold.
IV. CHARGES AND LIEN SALES
A. Initial Towing Fee and Daily Storage Charges shall be in compliance with California Vehicle Code Section 22658 (i) and in accordance to the rates established by the Anaheim Tow Board.
B. After seventy-two (72) hours, operator may bill the registered owner for lien sale charges, not to exceed the amount actually expended by operator. Except as otherwise provided, operator shall bill the registered owner of the vehicle for towing and/or storage charges.
ANAHEIM POLICE DEPARTMENT ROTATIONAL TOW POLICY
APD Tow Policy Page 7
C. Waived Charges - In the event the Anaheim Police Department errs in impounding a vehicle, or for any other reason in the APD’s sole discretion concludes a vehicle should be released without charges, upon request by the APD it shall be released immediately by the tow service operator with charges waived accordingly. The tow service provider must honor all “no charge” or “reduced charge” towing fee waiver requests made by an authorized Anaheim Police Department Watch Commander, Traffic Sergeant (or higher rank) or Detective Sergeant (or higher rank).
D. Charges for “Evidence Hold” Vehicles - The initial towing fee shall be billed to the owner of the vehicle.
1. As previously noted the tow service operator shall not charge the City for storage of vehicles that involve an evidence hold.
2. All such vehicles shall be released from evidence as soon as practicable with formal notification being made to operator as to the effective date of release. Any storage occurring after such effective date shall be charged to the vehicle’s owner(s) in accordance with scheduled rates.
3. Whenever a vehicle is held for evidence, the tow company will contact the Anaheim Police Department by the third calendar day of storage to confirm its status.
Notification will be made to a Supervisor in the appropriate Division or Bureau as indicated on the impound form.
E. All lien sale proceedings for stored/impounded vehicles shall be in accordance with California Vehicle Code Sections 9800 through 9808, 22851(a) through 22856, and Civil Code Sections 3067 through 3075.
F. The towing service shall comply with all provisions of California Vehicle Code Section 22850.3(b) for vehicles impounded pursuant to Vehicle Code Section 22850.
G. If hook-up or service has begun and is canceled by the vehicle owner/agent, or Police Department, charges owed shall be no more than one-half of the regular towing charge.
H. The registered owner of any vehicle that spills a fluid (except clear water) requiring a tow company to use absorbent may be charged seventy-five dollars ($75.00) by the tow company.
I. Annually, on the anniversary date of the contract, the fees established by the Tow Board shall be subject to adjustment in proportion to the percentage change in the Consumer Price Index (“CPI”), All Items, for All Urban Consumers in the Los Angeles-Anaheim- Riverside Area for the preceding year. In no event shall the annual adjustment to the towing fees exceed five percent (5%) in any adjustment period.
The adjustments shall commence on October 1, annually, and shall be calculated as follows:
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A = B x C
A = Adjusted Fees
B = Base fees as originally set by the Tow Board.
C = Monthly index for the most recent month available prior to October of each year
V. TOW TRUCK CLASSIFICATIONS AND EQUIPMENT
A. The tow service shall equip and maintain tow trucks covered under this Policy in accordance with the provisions set forth in the California Vehicle Code and consistent with industry standards and practices. Said equipment requirements shall be maintained throughout the term of the Agreement.
All controls shall be clearly marked to indicate proper operation, as well as any special warnings or cautions.
C. All tow trucks under City Contract, shall clearly display in contrasting colors, the tow company’s name, address, telephone number and truck number.
D. Tow trucks shall not display the words “Official Police Tow” or words to that effect, without prior approval from the Anaheim Police Department.
E. There will be four (4) classes of tow trucks covered under this Policy.
1. Class A - Light Duty:
a. The tow service shall maintain a minimum of two tow trucks with a manufacturer’s gross vehicle weight rating (GVWR) of 10,000 to 19,500 pounds with wheel lift capability, and may have a car carrier. Class A equipment must include a 4 ton recovery equipment rating and 100 feet of 3/8” 6x19 cable or OEM specifications.
b. A tow service that has a car carrier may be exempted from the wheel lift capability requirements; however, the car carrier must be an additional unit.
A Class A (cc) one vehicle must be equipped with 10,000 to 16,000 GVWR chassis. Class A (cc) two vehicles must be equipped with a 16,001 to 19,500 GVWR chassis. Both must be equipped with a 3/8” 6x19 cable or OEM specifications.
2. Class B - Medium Duty:
a. The tow service shall maintain at least one tow truck with a manufacturer’s gross vehicle weight rating (GVWR) of 19,501 to 33,000 pounds. The truck
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shall be capable of providing air to the towed vehicle. Class B equipment must include a 19,501 to 33,000 GVWR chassis and 150 feet of 7/16” 6x19 cable or OEM specifications.
The tow service may also have a car carrier; however, the car carrier must be an additional unit. A Class B (cc) must be equipped with a 19,501 + GVWR chassis and 50 feet of 3/8” 6x19 cable or OEM specifications.
3. Class C - Heavy Duty:
The tow service may maintain at least one three axle tow truck with a manufacturer’s gross vehicle weight rating (GVWR) of at least 33,000 pounds. The truck shall be equipped with air brakes and must be capable of providing air to the towed vehicle. Class C equipment must include a 33,000 to 50,000 GVWR chassis, 25 ton recovery equipment rating, and 200 feet of 5/8” cable or OEM specifications.
4. Class D - Super Heavy Duty:
The tow service may maintain at least one three axle tow truck with a manufacturer’s gross vehicle weight rating (GVWR) of at least 50,000 pounds. The truck shall be equipped with air brakes and must be capable of providing air to the towed vehicle. Class D equipment must include a 50,000 GVWR chassis, 30 ton recovery equipment rating, and 250 feet of ¾” 6x19 cable or OEM specifications.
VI. TOW TRUCK DRIVERS
A. The tow service shall ensure that only qualified and competent tow drivers respond to calls initiated by the Anaheim Police Department. Tow drivers shall be at least twenty- one (21) years old (in compliance with California Vehicle Code Section 12515b) and possess the following minimum class driver’s license:
1. Class A tow trucks - a valid Class C (3) license or a valid Class A (1) license with a valid medical certificate.
2. Class B tow trucks - a valid Class A (1) license with a valid medical certificate.
3. Class C tow trucks - a valid Class A (1) license with a valid medical certificate.
4. Class D tow trucks - a valid Class A (1) license with a valid medical certificate.
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B. The Class A (1) licenses must be endorsed to allow operation of special vehicle configurations and/or special cargoes. Tow truck drivers shall have the proper class of license and endorsement(s) for vehicle and cargo being transported as shown below:
VEHICLE TYPE OR CARGO CLASS LICENSE ENDORSE/CODE
Pulling more than one trailer A T
Transporting passenger for hire A or B P
Tank vehicle A or B N
Hazardous materials A, B or C H
Tank vehicle with hazardous materials A, B or C X
1. Whenever tank vehicles, double trailers, and hazardous materials carriers are towed or driven, the driver needs to possess the appropriate class of license and endorsement.
2. Empty buses can be towed without the passenger transport endorsement, but the tow truck driver must have the passenger transport endorsement if the bus is driven by him/her, even without passengers.
C. Tow truck drivers may obtain a Class A driver’s license which is restricted to towing other vehicles.
1. The actual driving of damaged vehicles or vehicles being serviced requires that the Class A license not be restricted to towing vehicles.
D. All tow truck drivers must be proficient in unlocking locked vehicles when so requested by the Anaheim Police Department.
E. Drivers of tow trucks shall have a background investigation check conducted by the Anaheim Police Department. Tow truck drivers may be required to present themselves to the Anaheim Police Department for the purpose of being fingerprinted.
F. The tow agency shall obtain an operator’s permit from the Anaheim Police Department in accordance with Anaheim Municipal Code. A copy of the permit shall be carried by the tow driver at all times while engaged in tow service operations, and shall be presented upon demand of police personnel or a citizen(s) of who’s vehicle is being serviced or towed.
G. Tow drivers shall not enter into a closed roadway or closed accident/crime scene (i.e. cones, flares, barricades, crime scene tape, or vehicles blocking roadway) until directed to do so by police personnel at the scene.
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VII. FINANCIAL INTEREST
A. No contracted towing service or applicant shall be directly involved in the towing related business of any other contracted towing service or applicant within the City of Anaheim.
Directly involved shall mean anything in common between contracted towing companies or applicants with regards to any of the following:
1. Business license
2. Insurance
3. Tow truck or equipment ownership
4. Employees
B. A towing service that contracts with the City shall only be approved to share its storage facilities with another towing service if the space being sub-let does not encroach on the space designated to meet the City’s storage requirements.
C. Storage facilities sharing property with other businesses or services must be separated by conditions or barriers meeting with the approval of the Anaheim Police Department Tow Board.
D. No Tow Company may transfer or assign its Agreement with the City without the express written consent of the City.
VIII. INSPECTIONS
A. Tow trucks - An inspection will be conducted to determine if the applicant’s tow vehicles comply with all the provisions of Sections 24605, 25253, 27700, and 27907 of the California Vehicle Code.
1. Such inspection is to be conducted by the Anaheim Police Department’s Commercial Enforcement Officer, or an Anaheim Police Department Traffic Bureau Supervisor or his/her designee. This inspection may be done by the California Highway Patrol on an annual basis. If so done, the inspection sheet will be forwarded to the Traffic Bureau for their files. Tow trucks found in violation of the Vehicle Code Equipment Sections shall be repaired and inspected by the Anaheim Police Department before returning to service.
2. Failure to correct deficiencies or equipment violations shall result in the tow service being suspended from the Police Department rotation list without further notice until the deficiency or violation is corrected.
B. Tow Facility - The Police Department reserves the right to conduct at any time an inspection of the tow service facilities and/or its equipment. However, a mandatory inspection will be conducted in anticipation of annual City contract expiration/renewal.
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1. If any deficiencies and/or violations are discovered during the initial inspection at the time of and for the expressed purpose of a new contract, the Tow Company shall be disqualified without opportunity for correction.
2. If any deficiencies and/or violations are discovered in the course of an inspection for a contract renewal, the tow service will be so advised in writing. The tow service will be given five (5) business days to rectify the deficiency or violation(s).
a. Exception: Any damage to wall and/or fence structures shall be repaired in twenty-four (24) hours.
3. All tow operator records for Anaheim impounds and storage shall be maintained in jacket files, segregated from the files of other Law Enforcement Agencies.
IX. AGREEMENT/POLICY CONFLICT
In the event any part of this policy is deemed in conflict with the Agreement between the City of Anaheim and the Towing Company, the Agreement will take precedence in resolving the conflict.
X. ANAHEIM POLICE DEPARTMENT TOW BOARD
A. The Anaheim Police Department Tow Board has been established to regulate matters concerning rotational and private property towing services. The Board is designated by the Chief of Police to develop policies and enforce regulations as they apply to towing services. The Tow Board will investigate and determine a disposition regarding complaints of misconduct, violations of contract and violations of law, concerning tow services.
B. The Anaheim Police Department Tow Board shall consist of the Traffic Bureau Commander, the Traffic Bureau Office Manager and the Traffic Bureau Sergeants.
C. The Anaheim Police Department Tow Board will meet when deemed necessary.
D. Tow Companies under contract with the City may, collectively, designate one person to serve as a Liaison to the Tow Board. The Liaison will provide insight and concerned issues to the Tow Board relating to the performance of tow services. The Liaison will not be a member of the Tow Board and will not be entitled to participate in any disciplinary action of a tow company complaint.
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XI. COMPLAINTS
A. Complaints against towing companies will be documented on an Anaheim Police Department Tow Complaint form. Complaints will be registered and investigated, including but not limited to allegations of :
1. Discourteous service
2. Unethical business practices
3. Unsafe or improper handling of stored or impounded vehicles
4. Over-charging for services
5. Excessive delay in responding to calls
6. Unsafe towing equipment
7. Violations of State Laws
8. Violations of City Ordinances
9. Deficient facility security
10. Deficient facility storage conditions
11. Failure to comply with Anaheim Police Department Tow Policy
12. Failure to perform according to the Towing Agreement
13. Failure to keep required records
B. Complaints will be assigned to an Anaheim Police Department Traffic Sergeant to investigate. The Traffic Sergeant will endeavor to send a copy of the complaint and a letter requiring a response, within seven (7) calendar days, to the affected towing company’s owner(s). (No notice shall be sent or delivered if it is determined that notification will impede or interfere with Police investigations.)
C. The towing company may respond in writing to the complaint within seven (7) calendar days of the date on the accompanying letter. Failure to respond within seven (7) calendar days will result in the investigating Traffic Sergeant making a decision to the complaint based on the information available.
D. The Traffic Sergeant will consider all the evidence available and assign a disposition to the complaint. The disposition categories are:
1. Unfounded -- Incident did not occur or did occur but was lawful and within Policy.
2. Inconclusive -- Unable to determine if the incident did or did not occur, or unable to determine if the towing service or its employee(s) are responsible.
3. Sustained -- Incident occurred and was either contrary to the Towing Policy, Towing Agreement, State Laws, or City Ordinances.
E. The towing company and complainant will then be notified of the disposition of the complaint in writing.
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XII. DISCIPLINARY ACTION
A. If a complaint is determined to be sustained, and the circumstances or prior record show cause for a suspension or termination of the towing company’s service, the Traffic Sergeant investigating the complaint will present the facts to the Anaheim Police Department Tow Board with a recommendation for disciplinary action.
B. The Anaheim Police Department Tow Board will review the facts and the recommendations. The Tow Board will either concur with the recommendation or determine another course of action.
C. If the Anaheim Police Department Tow Board arrives at a decision to suspend or terminate the services of a towing company, the decision will be forwarded as a recommendation to the Chief of Police.
1. If the Chief of Police concurs with the decision to suspend or terminate a towing company’s services, the towing company will be notified in writing of the impending disciplinary action and the right to appeal.
2. If the towing company exercises the right to appeal, a request for a hearing must be made in writing to the Anaheim Police Department Traffic Bureau within seven (7) calendar days after receiving the notice to suspend or terminate towing services.
3. Upon receiving a request for an appeal, the Anaheim Police Department Tow Board will set a hearing date.
4. The towing company will be given a ten (10) day notice of the date, time, and place of the hearing. The hearing date may take place at an earlier date, if all parties agree.
5. If the concerned towing company plans to have legal counsel present or counsel appearing on their behalf, the concerned towing company shall inform the Anaheim Police Department Tow Board at least seven (7) working days prior to their scheduled hearing. The City Attorney’s Office will be notified and a Deputy City Attorney will be assigned to represent the City during the review process.
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CITY OF ANAHEIM TOW COMPANY RATES
The following are 2022 established rates for service in the City of Anaheim . As a Private Impound Licensee, you may not exceed any of these charges for a Private Property Impound per 22658 CVC.
1. $200.00 per call- standard or flatbed tow truck
2. $237.00 per call- vehicle over 3 tons
3. $355.00 per call- vehicle 3 axles AND over 3 tons
4. $70.00 per call- dolly service
5. $65.00 per day storage (outside) under 3 tons
6. $71.00 per day storage (inside) under 4 tons
7. $77.00 per day storage (outside) over 3 tons
8. $77.00 per day storage- vehicles in excess of 60 feet
9. $200.00 second tow truck- if required
10. $65.00 for release of vehicle after 5:00 p.m. and before 8:00 a.m. (call out or weekends)
11. $62.00 citizen request for assistance
12. $75.00 hazardous materials fee
NO STAND-BY TIME SHALL BE CHARGED AT THE SCENE.