Banning City Council
June 25, 2024

RESOLUTION 2024-96

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,

APPROVING A CONTRACT SERVICES AGREEMENT FOR TOWING SERVICES TO CLARK’S TOWING AND RECOVERY, STATEWIDE TOWING & RECOVERY, INC. AND STAGECOACH TOWING INC.

WHEREAS, the City of Banning Police Department and the Code Enforcement Division require the services of an official police tow service provider in support law enforcement actions conducted in accordance with California Vehicle Code 22651, Authority to Remove Vehicles, and; WHEREAS, the City staff has identified the need for efficient and safe removal of vehicles from roadways and code enforcement violations; and
WHEREAS, through the solicitation of a Request for Proposals, the City received and evaluated three proposals which resulted in a multi-award recommendation for towing services, and;
WHEREAS, staff has recommended the approval of three (3) Towing Services Agreements to Clark’s Towing and Recovery, Statewide Road Solutions LLC, and Stagecoach Towing Inc. for a five-year period.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. The City Council approves Towing Services Agreement with each of the following towing vendors: Clark’s Towing and Recovery, Statewide Road Solutions LLC, and Stagecoach Towing Inc., authorizes the City Manager to make non-substantive revisions to the agreement and to sign said agreement.

SECTION 2. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.

SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 25th day of June 2024.

Alberto Sanchez, Mayor
City of Banning
177
Resolution 2024-96

ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:

Serita R. Young, City Attorney
Richards, Watson & Gershon
178
Resolution 2024-96

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-96, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 25th day of June 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
179
Resolution 2024-96

Exhibit A
Agreement with Clark’s Towing And Recovery
180
Resolution 2024-96

Exhibit B
Agreement with Statewide Towing and Recovery, Inc.
181
Resolution 2024-96

Exhibit C
Agreement with Stagecoach Towing, Inc.
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TOWING & STORAGE SERVICES AGREEMENT (C01044)
BETWEEN THE CITY OF BANNING AND CLARK’S TOWING AND RECOVERY THIS TOWING & STORAGE SERVICES AGREEMENT (“Agreement”) is made and entered into this day: ____________ (“Effective Date”), by and between the CITY OF BANNING, a municipal corporation (“City”) and David Clark, an individual, dba CLARK’S TOWING AND RECOVERY (“Operator”). The City and Operator are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.

RECITALS
A. The City and Operator wish to enter into this Agreement for Operator to provide non-exclusive towing and storage of vehicles as requested by the City of Banning Police Department (“BPD”) and the City of Banning Code Enforcement Department (“BCED”) on a rotational basis. As used herein, the BPD and BCED are subsumed under the title of “City.” B. The City has the authority under California Vehicle Code Section 21100 and federal law to regulate tow franchises with a principal place of business or employment in the City, and to charge a reasonable fee to reimburse the City for the actual and reasonable costs incurred in connection with such towing programs.

C. The Parties desire to renew Operator’s non-exclusive towing program privileges to be included on the City’s rotational towing list to provide towing services for BPD and BCED.

NOW, THEREFORE, in consideration of the foregoing recitals and the covenants, promises, and undertakings hereafter contained, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. TERM.

A. The initial term of this Agreement shall be for a total period of two (2) years commencing on the Effective Date and ending on June 30, 2026 with an option to extend for three (3) one-year renewals unless sooner terminated or extended in accordance with the terms of this Agreement.

B. Upon the expiration of the initial term, the City, in its sole and absolute discretion, may extend the terms of this Agreement no more than two (2) times for one (1) year each time. At the expiration of the term of this Agreement or an extended term, the City shall initiate an open bidding process by advertising a request for proposals for the award of new, nonexclusive towing service provider(s). The bidding process shall be performed pursuant to the City’s standard bidding procedures, with the City only awarding so many towing and storage services contracts for so long as needed by the City at the time. The City’s towing needs shall be determined by the City in its sole discretion. Nothing herein shall limit Operator from the bidding process, excepting that Operator’s default of, or poor performance under, this Agreement may be a basis for the City to not award a further agreement to Operator. 183

2. ROTATION TOW SERVICES.

A. The City and Operator agree that Operator shall be added to the tow service rotation and may be called upon by the BPD and BCED to provide tow services pursuant to terms of this Agreement.

B. A call to Operator shall constitute one turn on the list and Operator shall be moved to the bottom of the list. Each call for service will be considered one turn on the rotation, regardless of the number of vehicles towed from the scene. If Operator fails to respond to a telephone call for service from the BPD or BCED for any reason, the BPD or BCED shall have the immediate and automatic right to contact an alternative tow truck operator holding a towing and storage services agreement with the City. A telephone call to Operator is deemed to occur where: (i) a City employee telephones Operator at the phone number 951-487-8705, and (ii) Operator responds to the call, or (iii) Operator fails to answer the phone, is unable to respond, is unable to perform the required towing service, refuses to respond or provide services, or is canceled due to excessive response time.

C. If it is determined that Operator is not needed and the request for service is canceled by the BPD or BCED in their sole and absolute discretion, up to and including arrival at the scene, Operator shall not be entitled to charge for the request, as follows:
1) If Operator is canceled by the vehicle’s owner or agent prior to Operator taking possession of the vehicle as “possession” is defined in Section 3068.1 of the California Civil Code (when the vehicle is removed and is in transit, or when Vehicle Recovery Operations or load salvage operations have begun), Operator shall not charge for towing. Operator shall immediately contact the BPD or BCED and advise it of the cancellation. Operator shall then be placed back at the top of the list.

D. If any additional service (e.g., a private person tow), other than towing and recovery, commences and is canceled by the vehicle’s owner or agent, Operator may charge onehalf of the regular hourly service charge for the time expended on the call. For purposes of “cancellation,” service begins when physically securing the vehicle has begun, not the response.

No lien shall arise for the service unless Operator has presented a written statement to the vehicle’s owner or agent for the signed authorization of services to be performed.

E. The Parties agree that the terms used in this Agreement are used as defined in Exhibit A unless otherwise defined.

F. Nothing in this Agreement shall prohibit the City of Banning Chief of Police (“Chief of Police”), or his or her designee, (collectively, the “Contract Administrator”) from requesting a specific tow company when, in his or her opinion, the necessary resources to clear a hazard as expeditiously as possible are not available from the tow company currently at the top of the rotation tow list. In such an instance, the tow company selected would be the next tow company on the list that has the qualifications (equipment, skills, timeliness, etc.) to provide the required service. After the request, the selected company would then go to the bottom of the rotation tow.

Tow companies on the same list that were bypassed would remain in the same order until their selection for a rotation tow for which they are qualified. 184
G. Nothing shall prohibit a Class B, C, or D tow company from maintaining a place on a lighter class rotation tow list, provided the tow truck meets the equipment specifications for that class of operation.

H. Regardless of the class of tow truck utilized or responding to the call, charges shall not be more than for the class of vehicle towed or serviced, except where Vehicle Recovery Operations require a larger class of tow truck.

I. Operator warrants and represents that it is a Class A, B, and C operator, as defined in Exhibit B of this Agreement, and that its tow trucks meet the equipment specifications for that class of operation as set forth in Exhibit B.

J. It shall be Operator’s responsibility to tow and store vehicles as requested by the BPD or BCED, including, but not limited to:
1) Vehicles impounded for evidence or taken into custody by the BPD or BCED;
2) Vehicles involved in accidents or disabled for other causes (when alternative towing is either not appropriate or not requested by the owner or operator of the vehicle);
3) Abandoned vehicles, including those towed in connection with the City’s abandoned vehicle abatement program; and
4) Vehicles that are within the jurisdiction of the BPD or BCED, including City-owned vehicles up to one hundred (100) miles round-trip beginning at the departure location of the tow truck.

K. Operator shall further be responsible for the removal of debris resulting from accidents and the necessary work preliminary to towing, such as removal of vehicles from ditches, righting the vehicles, separating entangled vehicles, disconnecting drive shafts, and other such work as shall be required in connection with the towing operations. Operator shall not leave any tow site without cleaning the location sufficient to restore normal traffic patterns, except upon the written approval of the BPD or BCED member present at the incident site (“BPD or BCED Officer-in-Charge”).

L. Operator shall perform all necessary work preliminary to towing vehicles, such as removing vehicles from ditches, righting vehicles, separating entangled vehicles, disconnecting drive shafts, and other such work as shall be required to enable the towing of the vehicles.

M. This Section does not cover tows at the request of the public in either emergency or non-emergency situations.

N. Operator shall not attempt to take possession of any vehicle in order to establish a lien for any non-towing services performed, or begun and subsequently canceled, when not entitled to such lien as provided by California Civil Code Section 3068.1. 185
O. The Contract Administrator may establish a policy that allows Operator to dispatch more than one tow truck to a multi-vehicle collision scene in response to a tow call.

P. The BPD or BCED Officer-in-Charge may direct an Operator to move vehicles to help clear a roadway or for lifesaving operations. Operator shall provide the assistance as directed, at a maximum charge, as set forth in Exhibit C.

Q. Operator shall maintain a business office and storage facility located within the established boundaries of the City and must be licensed in accordance with the Banning Municipal Code, Chapter 5.04, entitled “Licenses Generally,” as may be amended from time to time, and must comply with all other federal, state and local laws, ordinances and regulations.

R. Operator warrants and represents that it has a minimum of five (5) years verifiable for-hire towing experience, or equivalent experience in providing emergency service in a dispatched twenty-four (24) hours a day, seven (7) days a week, emergency response service, as an owner or principal. Upon request by the City, Operator shall provide the City with written verification and evidence certifying ownership of a company performing for-hire towing experience.

S. Operator shall retain an adequate number of trained and properly licensed personnel assigned to successfully perform the Operator’s duties and responsibilities under this Agreement. Nothing in this Agreement shall preclude Operator from conducting a lien sale pursuant to California Vehicle Code Section 22851.1.

3. TOW TRUCK CLASSIFICATIONS.

A. There will be four classes of tow trucks covered under this Agreement.

Operator shall maintain a minimum of three (3) tow trucks, and shall have at least one of each Class A, Class B, and Class C tow trucks as described below. Operator shall have the right to subcontract with another tow truck operator for use of a Class D tow truck or other truck that meets the requirements set forth below in performing the services herein. In no case shall any tow truck be rated less than one-ton capacity. The equipment specifications for each Class of tow truck are listed in Exhibit B.

B. Operator shall equip, repair and maintain all tow trucks covered in accordance with the provisions set forth in the California Vehicle Code, Title 13 of the California Code of Regulations, including, without limitation, Exhibit B, and consistent with industry standards and practices.

C. Notwithstanding California Vehicle Code Section 615, all tow trucks used by Operator shall have recovery capabilities, wheel lift capabilities, and a boom meeting the specifications contained in this Agreement. For the purpose of this Agreement, “a trailer for hire that is being used to transport a vehicle” shall not qualify as a primary tow truck for use. At the discretion of the Contract Administrator, an Operator who has a car carrier may be exempted from the recovery, wheel lift, and boom capability requirements. However, the car carrier must be an additional unit.
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D. A violation of the Gross Vehicle Weight Rating (“GVWR”) and safe loading requirements of a tow truck shall be deemed a major violation and cause for immediate suspension of this Agreement. This includes exceeding the tow truck’s GVWR, front axle weight rating, rear axle weight rating, maximum tire weight ratings, or not maintaining fifty percent (50%) of the tow truck’s unladen weight on the front axle when lifting/carrying a load.

E. To properly and safely tow and service the wide variety of vehicles being operated on the roads and highways within the City, a towing procedure may require the use of auxiliary equipment specifically designed for a specialized purpose. This auxiliary equipment should be used when appropriate. A listing of service and auxiliary equipment for each classification can be found in Exhibit B.

F. Operator must maintain an operable tow motor for moving vehicles in areas where towed vehicles are stored at Operator’s premises.

G. Operator must maintain an inspection lift with a minimum 9,000-pound lift capacity.

4. TOW TRUCK DRIVERS.

A. Operator shall ensure that all employees, including tow truck drivers (“Drivers”) and/or independent contractors responding to calls initiated by the BPD or BCED, having contact or access with vehicles towed, or having contact or access to administrative records, are qualified and competent employees of Operator. Operator shall ensure that Drivers are trained and proficient in the use of the tow trucks and related equipment, including, but not limited to, the procedures necessary for the safe towing and recovery of the various types of vehicles providing services. Drivers shall perform all towing and recovery operations in the safest and most expedient manner possible. Operator shall ensure Drivers responding to a call initiated by the BPD or BCED have one of the following:
1) A minimum of five (5) years or more of tow truck driver experience verified in writing by Operator and the Driver; or
2) The Driver has completed a tow truck driver training program within the last five (5) years verified in writing by Operator and the Driver.

B. Drivers shall be at least eighteen (18) years old and possess the following minimum class driver license.
1) Class A tow truck - A valid Class C license, or a valid Class A license with valid medical certificate.
2) Class B tow truck - A valid Class C license for non-regulated vehicles, or a valid Class A license with valid medical certificate for regulated vehicles pursuant to California Vehicle Code Section 34500.
3) Class C and D tow trucks - A valid Class A license with valid medical certificate.
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C. The Class A license must be endorsed to allow operation of special vehicle configurations and/or special cargoes as described in Exhibit B of this Agreement.

D. Operator shall maintain a current list of Drivers.
1) Operator shall provide a current list of its Drivers and employees available for inspection by the BPD and BCED. Operator shall update the list upon any change in Driver status, including the addition of any new Driver(s), the deletion of any Driver(s), and revocation or suspension of a driver’s license. Operator shall notify the BPD and BCED upon any such change in Driver status or employee status.
2) Operator shall, at a minimum, maintain the following information for each Driver and employee:
a) Full name.
b) Date of Birth.
c) California driver’s license number and expiration date. d) Copy of valid medical certificate (if required).
e) Job title/description.
f) Current home address.
g) Current home phone number.
h) Type(s) of truck(s) Driver has been trained and instructed to operate.
i) Certificate showing Driver is trained and certified with California Tow Truck Association (CTTA), Towing & Recovery Association of America (TRAA), or Wreckmaster (private).

E. All Drivers shall be enrolled in the Employer Pull Notice Program (“EPN”). 1) Upon the addition of new Drivers, Operator will be granted a maximum of thirty (30) calendar days to enroll Drivers in the EPN. 2) Pull Notices shall be kept on file, signed and dated by Operator.

F. Drivers shall wear an identifiable uniform shirt displaying Operator’s and Drivers’ names while engaged in BPD or BCED rotation tow operations. They will not wear any hat, head covering, or garment that displays any logo other than Operator’s logo.

G. Drivers shall wear a safety vest or reflectorized clothing, meeting Occupational Safety and Health Administration requirements. 188

5. DEMEANOR AND CONDUCT.

A. While involved in the Banning rotation tow operations, Operator and/or its employees shall refrain from any act(s) of misconduct, including, but not limited to, any of the following:
1) Rude or discourteous behavior.
2) Lack of service, selective service, or refusal to provide service which Operator is, or should be, capable of performing. 3) Any act of sexual harassment or sexual impropriety.
4) Unsafe driving.
5) Exhibiting any objective symptoms of alcohol and/or drug use. 6) Appearing at the scene of a BPD or BCED call with the odor of an alcoholic beverage emitting from his or her breath. Operator/Driver shall submit to a preliminary alcohol screening test upon demand of the BPD.
7) Use of radios or other music equipment or telephone ringers at levels that are excessively loud or cause disturbance to neighbors, as determined in the BPD’s or BCED’s sole and absolute discretion.
8) Animals on premises, except watchdogs. However, watchdogs shall be maintained within Operator’s premises by a fence that is adequate to contain the dogs within the premises. The BPD or BCED may require Operator to remove the dog(s) from the premises if, in the BPD’s or BCED’s sole and absolute discretion, a dog barks excessively.

B. All BPD-related and BCED-related tow service complaints received by the BPD or BCED against Operator, its employees, or agents will be accepted and investigated in a fair and impartial manner. As a result of the investigation, the BPD or BCED may suspend this Agreement. In any event, Operator will be notified of the results of any investigation.

C. Operator shall agree to the review of each of Operator’s employees and execute the disclosure and acknowledgment attached hereto at Exhibit D. Operator shall retain all employee-executed copies of Exhibit D and provide the same to the City upon request.

D. Operator shall post a notice in a conspicuous place at Operator’s place of business of a size that is at least 8 1/2” x 11” informing the public of the right to make complaints regarding service provided by Operator within the City, and shall include the name and location where complaints can be made to the City. Operator shall notify the BPD, in writing, within seventy-two (72) hours of any complaints made to Operator regarding the performance of service in connection with towing or storage, or concerning rates, charges of fees, or any claims, or any legal actions filed, delivered, or served upon, or instituted against, Operator or any of its agents, officers, or employees.
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6. RATES CHARGEABLE TO VEHICLE OWNERS.

A. Any and all proposed adjustments in fees, rates, and service charges must be approved by the City of Banning City Council.

B. Rates charged to vehicle owners for calls originating from the City shall not exceed ten percent (10%) of the maximum rate amounts for towing and impounds chargeable to vehicle owners as determined by the California Highway Patrol (“CHP”) for the Banning region.

The CHP-approved rates are those contained in Exhibit C, attached hereto and incorporated herein by reference. If the CHP authorizes or amends new maximum rates for towing services, then the Parties may, without further City Council authorization, amend or replace Exhibit C to be consistent with the CHP’s rate structure. The City shall not unreasonably deny or withhold its approval of any amendment to Exhibit C so long as they are consistent with CHP-approved rates.

C. Regardless of the class of tow truck utilized or responding to the call, charges shall not be more than for the class of vehicle towed or serviced, except when an operation involving the process of up righting an overturned vehicle or returning a vehicle to a normal position on the roadway that required the use of auxiliary equipment due to the size or location of the vehicle occurs (“Vehicle Recovery Operations”), thereby requiring a larger class of tow truck.

This will normally be limited to operations requiring a Class B, C, or D tow truck(s).

D. The rate of towing shall be computed beginning from the time of departure from the place of business or point of dispatch, whichever is closer to the location of the call, and shall end at the estimated time of return to the place of business or the completion of the call, if another call is pending, whichever is shorter. Return to place of business includes a reasonable and verifiable amount of time required to place the tow truck back into service when unusual circumstances require additional time that is not part of normal operating procedures. (Examples:
(i) 4x4 recovery in the mud; reasonable to charge for cleaning mud from truck and equipment; (ii) burned car on car carrier: reasonable to charge for cleaning burn debris from carrier bed; (iii) car towed from side of road on misty night and leaves mud track on bed of carrier: not reasonable to charge for cleaning of carrier bed.) Time expended shall be charged at a rate not to exceed the authorized hourly rate. Time expended in excess of the minimums shall also be at the hourly rate in no more than one (1) minute increments. There shall be no additional charges, including, without limitation, mileage or labor charges.
1) Operator may charge the registered vehicle owner up to a 30-minute minimum per call for any service or tow that is performed when the vehicle operator or agent is present and the vehicle is not stored at the direction of the BPD officer or BCED Officer-in-Charge. 2) Operator may charge the registered vehicle owner up to a one-hour minimum per call on public safety response calls, which means a response that results in the storage of a vehicle at the direction of the BPD or BCED Officer-in-Charge and does not include storage at the request of the vehicle operator, registered owner, or agent. 3) Operator shall base towing charges upon the class of vehicle being towed regardless of the class of truck used, except when Vehicle Recovery Operations require a larger class truck.
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7. COLLUSION.

A. An Operator and/or proposer shall not conspire, attempt to conspire, or commit any other act of collusion, with any other Operator or proposer for the purpose of secretly, or otherwise, establishing an unfair understanding regarding rates or conditions to this Agreement that would bring about any unfair condition that could be prejudicial to the BPD or BCED, the motoring public, or other tow truck companies.

B. Examples of “collusion” include, but are not limited to conspiracy by Operator to establish artificially high or low rate(s) for services performed pursuant to this Agreement, and the like.

C. A finding by the BPD or BCED that Operator or a proposer have been involved in collusion shall be cause for rejection of the proposal or shall nullify this Agreement.

Operator or proposers found to be involved in any act, or attempted act of collusion, shall be disqualified from participation on the BPD or BCED rotation tow list for the term of this Agreement, plus three (3) years, in all jurisdictions policed by the BPD or BCED.

8. OPERATOR RESPONSE TO CALLS.

A. Responsive Service. Operator shall respond to the BPD and BCED calls twenty-four (24) hours per day, seven (7) days per week, within the maximum response time established by this Agreement. “Response time” shall mean the period of time from Operator’s notification by the BPD or BCED dispatch of a call to the arrival of the tow truck at the location requested. When Operator will be temporarily unavailable to provide services due to a preplanned or scheduled activity (e.g., vacations, maintenance, medical leave), Operator’s representative shall notify the BPD and BCED at least twenty-four (24) hours prior to the date that services will be unavailable, noting the times and dates of the unavailability. Operator shall respond with a tow truck of the class required to tow the vehicle specified by the BPD and/or BCED. If, after accepting the call, Operator is unable to respond or will be delayed in responding, Operator shall immediately notify the BPD and/or BCED dispatch. In such case, the BPD and/or BCED shall have the right to use an alternative tow truck operator holding a towing and storage services agreement to provide the services for such call. Operator shall not assign any calls to other tow truck companies. 1) Operator’s maximum response time for critical tow circumstances (e.g., traffic collisions, impounds, hazards, road blockages) is twenty (20) minutes. a) Response Time. Operator’s response to calls from the BPD and BCED for towing service shall not exceed twenty (20) minutes from the time Operator received the request from the BPD or BCED to the time the tow vehicle arrives at the location from which the tow is to be made.
b) Three Axle Tow Truck. The maximum response time
notwithstanding, when the tow requires a three axle tow truck and Operator subcontracts for use of three (3) axle tow truck, Operator’s response time shall not exceed thirty (30) minutes. 2) If Operator has not arrived on the scene within the 20-minute maximum time, the BPD or BCED may request a tow vehicle from another tow truck operator 191
specified on the rotation list, and Operator may not take the tow. A failure to respond and perform required towing or service, and/or repeated failure(s) to meet the maximum response time requirements, shall constitute failure to comply with the terms and conditions of this Agreement. a) The Contract Administrator may, in his or her sole and absolute discretion, take immediate disciplinary action for any flagrant violation of the requirement to respond within the maximum response time.
b) The Contract Administrator may, in his or her sole
discretion, excuse any delay or may extend Operator’s response time to any call if Operator calls the BPD or BCED within the 20-minute response time to notify them of a delay and states the reason for the delay. After consideration of the specific circumstances, the Contract Administrator shall determine whether the delay and extension is justified. Factors under such consideration include, but are not limited to, unforeseen causes beyond the control and without the fault or negligence of Operator, including, but not limited to, acts of God or the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, material shortages beyond the Parties’ control, wars, litigation, and/or acts of any governmental agency.
c) Upon receiving requests for tow service by the BPD or BCED, Operator shall record the time such requests are made and the time at which a tow vehicle is dispatched and maintain such record for at least six (6) months. d) Failure of Operator to respond within the maximum response time, on five (5) or more occasions within any 365-day period, shall be a material default, constituting grounds for termination of this Agreement.

B. In responding to a BPD or BCED call, Operator shall perform the towing or service required for which Operator was called. This requirement may be waived by the BPD or BCED Officer-in-Charge, if the requested equipment is inadequate for the service to be performed; provided, however, if Operator supplies the wrong equipment, the BPD and/or BCED shall have the automatic and immediate right to use an alternative tow truck operator holding a towing and storage services agreement with the City to provide the services for such call.

C. Operator shall not respond to a BPD or BCED call assigned to another tow truck operator unless requested to do so by the BPD or BCED. If a tow truck operator assigned to the initial BPD or BCED call requires the assistance of an additional operator at the scene, the tow truck operator assigned to the initial call may, subject to the prior approval of the BPD or BCED Officer-in-Charge, request the assistance of Operator. If Operator, who was not called to a scene, comes upon a collision scene where a vehicle or vehicles are blocking a roadway and a BPD or BCED Officer-in-Charge requests its assistance in clearing the roadway, Operator may be requested to move the vehicle to a safe location, as directed by the officer, and leave the vehicle.

D. Only the actual number and type of tow truck personnel and equipment requested by the BPD or BCED from Operator shall respond to a BPD or BCED call. Additional tow truck personnel and equipment shall be pre-approved by the BPD or BCED Officer-in-Charge.

This shall not preclude Operator from responding to an incident to ascertain if additional assistance 192
or equipment is required. There shall be no additional charge by Operator for any personnel or equipment that is not necessary to perform the required service.

9. STORAGE OPERATIONS.

A. Operator’s Responsibilities.
1) Operator shall be responsible for the care, custody, and control of all vehicles stored by it, together with all accessories and equipment on each vehicle and all personal property in each vehicle.
2) It shall be Operator’s responsibility to protect the stored equipment and property against loss or damage by fire, theft, weather, or other causes. In the event of loss or damage to a stored vehicle, its accessories or equipment, or personal property contained in the vehicle, Operator shall be responsible to the owner for all losses and/or damages. Personal property in vehicles stored by Operator shall not be disposed of to defray any charges for the towing or storing of a vehicle; and, if not called for by the owner within thirty (30) calendar days after date of notice by BPD or BCED of impound or storage, all such property shall be disposed of in accordance with all federal, state, and local laws, including without limitation, California Vehicle Code Section 10652.
3) Operator shall take all reasonable precautions required by the BPD and BCED to avoid damage to any evidence, such as fingerprints or stains. Vehicles taken into custody for evidence shall be stored at a location designated by the BPD. Operator shall take whatever actions and precautions necessary to protect the engines, trunks, and interior areas of all stored or impounded vehicles against the elements by rolling up windows, closing doors, trunk lids, and hoods, and, if necessary, covering the vehicle or parts thereof exposed to the weather with plastic, canvas, or other waterproof covering. Operator shall park all stored or impounded vehicles in such a manner as to prevent any damage while other vehicles are being moved or parked in the vicinity of the vehicles.
4) Whenever possible, vehicles held for a 30-day hold must be placed in a secured, enclosed, inside storage area.
5) The BPD or BCED will complete a detailed written inventory of all personal property in any vehicle that is towed and stored, or towed and impounded, by Operator at their request, and the responding Driver shall complete the appropriate section on the BPD’s or BCED’s form and shall sign the form. A copy of the signed form shall be given to the responding Driver and shall be retained by Operator.
6) Under no circumstances may a vehicle and/or personal property located in a vehicle be released by Operator to the vehicle owner, or his or her designated representative, without the express written permission from the BPD and/or the BCE. 7) Operator shall obtain written approval from the BPD or BCED prior to the removal of any personal property from a stored or impounded vehicle and shall provide a receipt, with a copy placed in the stored vehicle, for all removed property. The requirement to obtain approval from the BPD or BCED prior to the removal of property may be excused by the 193
Contract Administrator if he or she determines that proper safeguards and procedures are utilized by Operator.
a) This requirements may not be waived in cases where a vehicle has been impounded for evidence or investigation. b) With approval from the BPD or BCED, Operator shall
release personal property from an impounded vehicle at the request of the vehicle owner, or his or her agent.
(1) Personal property includes: papers, transportable
cellular telephones, portable radios and/or portable stereo equipment, clothes, luggage, tools, and all other unaffixed contents.
(2) Items of personal property in a stored vehicle that are not required as evidence shall be released upon request of the vehicle owner or his/her agent. c) Cargo not held as evidence shall be released upon demand of the carrier or pursuant to a court order.
8) Operator shall not charge a storage fee for the time during which vehicles are stored by the BPD or BCED on City-owned property for the processing of evidence.

Upon completion of the processing of evidence, BPD or BCED shall notify the registered vehicle owner that his or her vehicle is ready to be released. If the vehicle owner claims his or her vehicle directly from BPD or BCED within twenty-four (24) hours, Operator shall not be entitled to collect any storage fees from the vehicle owner or the City. If the vehicle owner fails to claim his or her vehicle within twenty-four (24) hours, the City shall contact Operator responsible for initially towing the subject vehicle, and Operator will then be responsible for towing the subject vehicle to Operator’s storage facility. Upon storing the vehicle in Operator’s storage facility, Operator is entitled to begin charging a storage fee. Notwithstanding the foregoing, Operator is entitled to charge towing fees at the standard towing rate for all vehicles towed in connection with the processing of evidence, as set forth in Exhibit C.
9) Operator shall post and maintain a sign or signs which have been approved by the Contract Administrator in a conspicuous place or places on Operator’s premises where the vehicle owner re-claims his/her vehicle and in a location designated by the Contract Administrator that is clearly visible to the public from the street, and which gives notice of:
a) The approved “Rate Schedule” for tow and storage services; b) The method of payment(s) that are acceptable by Operator, which shall include at a minimum credit cards and U.S. currency; c) Notice that a written receipt shall be supplied by Operator for the amount of payment received;
d) The telephone number and address of the Contract
Administrator; and
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e) The address where a vehicle owner may address his or her complaints regarding Operator’s tow and/or storage services. 10) For the purpose of this Agreement, “normal business hours” shall not be less than 8 a.m. to 5 p.m., Monday through Friday, and Operator’s place of business shall be staffed continuously during these periods, except for the following state-recognized holidays:
a) New Year’s Day, Martin Luther King Day, Lincoln Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, day after Thanksgiving Day, and Christmas Day. 11) Business hours shall be posted in plain view to the public at both the place of business and/or storage facility.
12) Employees shall be properly trained and supervised in conducting business transactions related to towing, storage and release of vehicles/property. 13) Operator shall have a responsible person(s) on-call on a twenty-four (24) hour basis, seven (7) days a week. The designated on-call person(s) shall be available to release vehicles at all times, twenty-four (24) hours per day, seven (7) days per week, including holidays.

B. Storage Facilities.
1) Operator shall maintain sufficient storage spaces, as approved by the Contract Administrator.
2) The storage yard must conform to all local zoning use requirements then in effect and have any required permits to operate at that location. 3) Operator shall maintain adequate security of vehicles and property at the place of storage in accordance with the requirements of this Agreement. All vehicles impounded or taken into custody by the BPD or BCED must be stored by Operator in areas that are enclosed by substantial wire fences or walls that have gates or doors that lock. Such fences or wall enclosures shall be not less than six (6) feet in height and shall have not less than one gate or door of a width and height that is adequate to allow vehicles to be moved freely and without creation of traffic congestion. The bottom edge of the enclosure structure shall not be more than two (2) inches above the parking surface of the enclosed area. A fence or wall enclosure shall be maintained and repaired in good condition throughout the term of this Agreement. Such fences or walls shall be repaired within twenty-four (24) hours of the time of any damage thereto to insure proper protection of the stored vehicles. The storage area must be paved with concrete or asphalt and maintained in good condition. The Contract Administrator may modify security requirements as necessary to coincide with local conditions.

C. Location and Maintenance of Storage Facility.
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1) Operator shall maintain and provide a place of business and storage facilities for the vehicles stored within the established boundaries of the City, as may be modified from time to time.
2) Operator’s primary storage facility shall be located at the same location as the business address. If Operator stores vehicles at a different location from the primary location, this additional location shall be located within the City’s limits and Operator shall furnish to the Contract Administrator the addresses of each and every additional storage facility. Operator shall release vehicles and personal property at the primary storage facility upon request of the owner.
a) In the event any vehicles are stored at a location other than the primary storage facility, there shall be no charge for any additional distance traveled to and from a secondary location.
3) Operator shall furnish the Contract Administrator with the addresses of all storage facilities whenever there is a change. Secondary storage facilities shall be located reasonably close to the main business office.
4) All landscaped and paved areas of Operator’s premises shall be maintained in a neat and orderly condition with the landscape in a healthy condition and free of weeds and litter. All storage spaces used by Operator in conjunction with its services hereunder shall be kept free of litter, debris, and other materials, substances, or any automotive parts unless the parts are stored as evidence for the BPD or BCE. Operator shall avoid contamination of soil or surface waters with gasoline, oil, grease, or any other contaminating substance as required by federal, state, county or other local regulations.

D. All surfaces of any Operator storage facility shall be in good repair without broken parts, holes, potholes, or litter, and in such a condition that ensures that no damage to vehicles will result. Any facility used for the storage of vehicles located in the City shall be landscaped as follows: any portion of a lot not paved or occupied by a structure or designed for vehicular parking shall be landscaped with a mixture of ground cover, shrubs, and trees and may include decorative rock, walkways, or other features as approved by the City’s Planning Director.

All parking lots facing or abutting a public street or a residential district shall be screened by a solid wall or compact evergreen hedge not less than six (6) feet in height or by landscaped planters containing shrubs not less than six (6) feet in height or by a landscaped berm not less than six (6) feet in height or by a landscaped screening approved by the City’s Planning Director. Operator shall prevent contamination of soil with gasoline, oil, grease, or any other contaminating substance as specified by federal, state, and local laws.

10. ABANDONED VEHICLE ABATEMENT PROGRAM.

A. At the request of the BPD or BCED, but no more than two (2) calendar days a week and eight (8) hours a day, Operator shall provide a Driver and the specified tow truck for the removal of abandoned vehicles, as described in the City of Banning Municipal Code Chapter

10.28. Drivers are subject to a maximum response time set forth in Section 8.A. of this Agreement in their execution of this provision.
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B. Operator shall not remove any abandoned vehicles without first being instructed to do so by an authorized representative of the BPD or BCED.

C. Operator shall dispose of vehicles removed by Operator pursuant to this Section 10 pursuant to City of Banning Municipal Code Section 10.28.100.

D. Refusal and/or failure by Operator to provide the services described in this Section 10 shall be grounds for termination of this Agreement.

11. INSURANCE REQUIREMENTS.

A. Operator shall pay for, and maintain in full force and effect, all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than “A-VII” in Best’s Insurance Rating Guide or (ii) authorized by the City’s Risk Manager. The following policies of insurance are required:
1) COMMERCIAL GENERAL LIABILITY insurance, which shall be on the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, and include insurance for “bodily injury,” “property damage,” and “personal and advertising injury” with coverage for premises and operations, products and completed operations, and contractual liability (including, without limitation, indemnity obligations), and with limits of liability of not less than $2,000,000 per occurrence for bodily injury and property damage, $2,000,000 per occurrence for personal and advertising injury, $4,000,000 aggregate for products and completed operations, and $4,000,000 general aggregate. 2) GARAGE-KEEPERS LEGAL LIABILITY insurance, which shall include coverage for vehicles in the care, custody, and control of Operator with limits of liability of not less than $500,000 per occurrence for property damage. 3) COMMERCIAL AUTOMOBILE LIABILITY insurance, which
shall be on the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto), and with limits of not less than $1,000,000 per accident for bodily injury and property damage.
4) ON-HOOK/CARGO insurance, which shall include coverage for vehicles in tow with limits of liability based on the size of the tow truck, which are as follows:
a) Class A tow truck $50,000
b) Class B tow truck $100,000
c) Class C tow truck $200,000
d) Class D tow truck $250,000
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5) WORKERS’ COMPENSATION insurance as required under the California Labor Code.
6) EMPLOYERS’ LIABILITY insurance with minimum limits of $1,000,000 each accident, $1,000,000 disease policy limit, and $1,000,000 diseases each employee.

B. Operator shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Operator shall also be responsible for payment of any self-insured retentions.

C. The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30) calendar days’ written notice in favor of the City of policy cancellation, change or reduction of coverage, except for the Workers’ Compensation policy, which shall provide a ten (10) calendar days’ written notice of such cancellation, change or reduction of coverage. In the event any policies are due to expire during the term of this Agreement, Operator shall provide a new certificate and all applicable endorsements evidencing renewal of such policy prior to the expiration date of the expiring policy(ies) to the Contract Administrator. Upon issuance by the insurer, broker, or agent of a notice of cancellation, change, or reduction in coverage, Operator shall file with the Contract Administrator a new certificate and all applicable endorsements for such policy(ies).

D. The General Liability, Automobile Liability, and Garagekeepers Legal Liability insurance policies shall be written on an occurrence form and shall name the City, its officers, officials, agents, employees, and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Operator’s insurance shall be primary and no contribution shall be required of the City. Any Workers’ Compensation insurance policy shall contain a waiver of subrogation as to the City, its officers, officials, agents, employees, and volunteers. Operator shall have furnished the City with the certificate(s) and applicable endorsements for all required insurance prior to the City’s execution of this Agreement.

E. The fact that insurance is obtained by Operator shall not be deemed to release or diminish the liability of Operator, including, without limitation, liability under the indemnity provisions. The City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Operator. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability, nor limit the liability of, Operator, its principals, officers, agents, employees, persons under the supervision of Operator, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.

F. Upon request of the City, Operator shall immediately furnish the City with a complete copy of any insurance policy required, including all endorsements, with the copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. 198
G. If at any time during the life of this Agreement or any extension, Operator fails to maintain the required insurance in full force and effect, all work under this Agreement shall be discontinued immediately until notice is received by the City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to the City. Any failure to maintain the required insurance shall be sufficient cause for the City to terminate this Agreement.

H. Should Operator subcontract all or any portion of the work to be performed, Operator shall require each subcontractor to provide insurance protection in favor of the City, its officer, officials, employees, agents, and authorized volunteers in accordance with the terms of each of the preceding paragraphs, except that the subcontractors certificates and endorsements shall be on file with Operator and the City prior to the commencement of any work by the subcontractor.

12. INDEMNIFICATION.

Operator shall indemnify the City, its officers, agents, and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, including paying any legal costs, attorneys’ fees, or paying any judgment (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the performance of the work or services of Operator, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the acts or omissions of Operator hereunder, or arising from Operator’s negligent performance of or failure to perform any term, provision covenant or condition of this Agreement, but excluding such claims or liabilities to the extent caused by the active negligence or willful misconduct of the City.

13. INSPECTIONS.

A. Operator must pass not less than one (1) annual inspection of all tow trucks of an Operator by a qualified law enforcement agency. The BPD or BCED may conduct inspections at any time (at no charge to Operator) of all tow trucks used by Operator to determine whether such tow trucks are safe and adequately equipped to perform the service required of such class level tow truck.

B. The BPD or BCED may also conduct inspections at any time (at no charge to Operator) of Operator’s business premises to determine whether the premises are secured and maintained. The BPD or BCED may conduct inspections without notice during normal business hours.

C. In the event that an inspection reveals that a tow truck is not suitable for towing operations, the BPD or BCED shall notify Operator in writing that the vehicle is disapproved and cannot be dispatched by Operator. Operator shall not dispatch a disapproved tow truck (to a BPD or BCED call), until written authorization has been obtained from either the BPD or BCED that the vehicle is “approved.”

14. BUSINESS RECORDS AND GROSS RECEIPTS ACCOUNTING.
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A. Operator shall maintain written or computerized records, at its place of business relating to tow, storage, impound, or lien services furnished under this Agreement, including a description of vehicles, nature of service, Driver’s name, start time, end time, location of call, and itemized costs of towing and storage.

B. 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-BPD/BCED tows.

C. The BPD and BCED may inspect all Operator records without notice during normal business hours.

D. Operator shall permit the BPD and BCED to make copies of business records at its place of business, or to remove business records for the purpose of reproduction. The BPD and BCED shall provide a receipt for any original records removed from Operator’s place of business.

E. Records shall be maintained and available for inspection for a period of two (2) years plus the current term of this Agreement.

F. Operator shall issue complete and accurate receipts to all customers.

G. Operator must notify the CHP as required by Section 10652 of the California Vehicle Code.

H. Gross Receipts Reports/Accounting. Operator shall keep accurate records of all “gross receipts” earned as a result of the business conducted, excepting therefrom all sales and excise taxes (“Gross Receipts Records”). “Gross receipts” is defined as all revenues received from towing and related services, storage, salvage sales of abandoned or unclaimed vehicles, plus incidental receipts earned by Operator as a result of business conducted under this Agreement. All charges shown on invoices and other records are to be explicit in detail, showing the reason for the amount specified therein.

I. Operator shall also keep accurate records of all lien sales completed as a result of the business conducted, excepting therefrom all sales and excise taxes (“Lien Sales Records”). In conjunction with the quarterly payment of the Towing Program Fee, Operator shall provide to the City, in a form approved by the Finance Director, a copy of its Gross Receipts Records and Lien Sales Records covering the immediately preceding six-month period during the Term. Such Gross Receipts Records must be available at all times during normal business hours and shall be subject to inspection, review, and audit by the Contract Administrator.

J. The Gross Receipts and Lien Sales Records must be supported by source documents such as receipt slips, cash register tapes, invoices or other pertinent information. All charges, fees, and receipts shall be recorded by means of cash registers, which shall be equipped with devices that lock in the totals and other records of transactions or with a counter that cannot be reset, which records transaction numbers and receipt details. Operator shall read and record the totals at the beginning and end of each calendar day.
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K. At the request of the BPD or BCED, Operator shall furnish the BPD or BCED a written list of all vehicles that have been towed by Operator within five (5) business days of such request. Such list shall show the date of tow, storage location of each vehicle, dates of storage, vehicle make and model, license number, and vehicle serial number.

L. Audits. Operator must make available to the City, upon three (3) calendar days’ written notice, its accounting records and books for inspection and audit. The BPD or BCED, the City, and their designated representative(s) agree to maintain the confidentiality of such accounting records and books, to the extent permitted to do so under federal and state laws, including without limitation the California Public Records Act (Cal. Gov. Code, § 6250 et seq.).

Operator shall submit quarterly documentation detailing its operations on behalf of the City in both written and electronic formats that are acceptable to the City’s Finance Director. Such documentation shall include the following information: the date, time, location, case number (if any), vehicle description (including make, model, and vehicle license number), and a brief description of the circumstances surrounding the tow (e.g., traffic collision, BPD impound, etc.).

Operator shall maintain these records for a period of three (3) years. In addition, the City may request, no more than annually, that Operator undergo an audit of its accounting records and books by a professional auditor of the City’s choice.

15. PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT.

A. Except as provided by this Agreement, Operator shall not contract with any other entity not covered by this Agreement without the express, prior written approval of the City.

As a condition of such an approval, the City may require any subcontractor to provide the City with Certificates of Insurance naming the City as an additional insured and other documentation of compliance with California Vehicle Code provisions applicable to a towing operation, such as current inspection reports by the CHP.

B. Neither this Agreement, nor any interest, may be transferred, assigned, conveyed, hypothecated, or encumbered either voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior express written approval of the City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Operator, taking all transfers into account on a cumulative basis.

C. Any cause of violation of this Section, including any bankruptcy proceeding, shall be deemed a major violation and cause for suspension or termination of this Agreement. No City-approved transfer shall release Operator, or any surety of Operator, of any liability hereunder without the express consent of the City. The City’s consent to one assignment shall in no way be deemed to be acceptance of any further assignment.

16. FINANCIAL INTEREST.

A. Operator shall not be directly involved in the towing-related business of any other tow truck operator or proposer. “Directly involved” shall mean anything in common between Operator or proposers with regard to any of the following: 1) business licenses; 2) insurance; 3) tow truck or equipment ownership; and 4) employees.
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B. Facilities shared by tow truck operators shall be physically separated and secured from each other unless the Contract Administrator approves non-conforming facilities.

C. Any violation of this Section shall be deemed a major violation and cause for suspension, if deemed appropriate by the Contract Administrator.

17. DISCIPLINARY ACTIONS.

A. The Contract Administrator shall take disciplinary action against Operator for violations investigated and confirmed or sustained. Unless otherwise noted, the Contract Administrator shall determine the period of suspension. The Contract Administrator shall retain discretion regarding the length of any suspension imposed pursuant to the terms and conditions of this Agreement.

B. Records of violations shall be retained by the BPD for at least thirty-six (36) months.

C. Disciplinary action taken against Operator by the Contract Administrator shall be honored by all BPD and BCED personnel. Likewise, any disciplinary action taken against Operator by a local CHP Commander may be honored by the BPD and BCED when the violation in question is related to a safety violation.

D. A violation of the equipment requirements related to safety shall be deemed a major violation and cause for immediate suspension of this Agreement. The Contract Administrator shall determine the period of the suspension. The suspension will remain in effect until the period of suspension is completed and the BPD has conducted an inspection and found that Operator is in compliance.

E. A violation of the Gross Vehicle Weight Rating (GVWR) and safe loading requirements of a tow truck shall be deemed a major violation and cause for immediate suspension of this Agreement. This includes exceeding the tow truck’s GVWR, front axle weight rating, rear axle weight rating, maximum tire weight ratings, or not maintaining fifty percent (50%) of the tow truck’s unladen weight on the front axle when lifting/carrying a load.

F. A violation of intentionally overcharging, or a pattern of overcharging, shall be deemed a major violation and cause for immediate suspension or termination of this Agreement.

If suspension occurs then the Contract Administrator shall determine the period of the suspension.

The suspension will remain in effect until the period of suspension is completed and Operator has presented proof to the BPD that reimbursement has been made to the aggrieved customer(s).

G. Neither BPD nor BCED personnel shall be offered gratuities, and requests for gratuities shall not be honored by Operator, or its employees or associates . A violation of this Section shall be cause for suspension or termination of this Agreement.

H. A refusal to respond or to perform the required towing or service shall be cause for suspension of this Agreement.
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I. Any failure to respond or repeated failures to respond within the maximum response time allowed shall be cause for suspension of this Agreement.

J. Responding to a BPD or BCED call assigned to another tow truck operator shall be cause for suspension of this Agreement.

K. Any unsatisfactory rating based on a violation of the Biennial Inspection of Terminals (BIT) Program requirements shall be deemed a major violation and cause for an immediate suspension of this Agreement. The Contract Administrator shall determine the period of the suspension. The suspension will remain in effect until the period of suspension is completed and Operator has presented proof of compliance with the BIT requirements.

L. Failure of Operator to satisfy a court order mandating reimbursement to the vehicle or property owner for the damage or loss that occurred while the vehicle was in Operator’s custody will result in suspension of this Agreement. The suspension will remain in effect until the period of suspension is completed and Operator has presented proof of the reimbursement.

M. Failure of Operator to comply with the inspection requirements of this Agreement will result in immediate suspension of this Agreement. The Contract Administrator shall determine the period of the suspension. The suspension will remain in effect until the period of suspension is completed and Operator has complied with the inspection requirement.

N. Sending a Driver for whom a form in substantial conformance with Exhibit D has not been submitted on a BPD or BCED call shall be cause for immediate suspension of this Agreement (this would also include those drivers dispatched by Operator’s business). The suspension will remain in effect until the period of suspension is completed and Operator has submitted the Driver information, current EPN report, and documentation of the tow truck driver’s experience or completed training program to the Contract Administrator.

O. Failure of Operator to maintain the minimum insurance requirements set forth in this Agreement will immediately nullify this Agreement and is deemed a major violation of this Agreement.

P. Operator will be subject to an additional suspension of this Agreement for failure to notify the Contract Administrator in advance of the insurance policy expiration or cancellation.

Q. Minor traffic violations may be deemed a minor violation of this Agreement.

R. A Driver, not under the immediate observation of Operator, while driving a tow truck, who is arrested and subsequently convicted for misdemeanor driving under the influence of alcohol and/or drugs, will be subject to immediate suspension from participating as a Driver under the provisions of this Agreement. The length of suspension will be at the Contract Administrator’s discretion.

S. If Operator is serving a suspension for one (1) year or more, he or she shall be required to comply with all terms and conditions of this Agreement at the time of the 203
reinstatement. No equipment shall be approved that is not in compliance with the equipment specifications contained in this Agreement at the time of reinstatement. Sections of this Agreement that are commonly referred to as “grandfather clauses” shall no longer apply to any Operator who is suspended for one (1) year or more.

T. 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 violation may be cause for termination of this Agreement. 1) Termination shall be invoked if, in the Contract Administrator’s judgment, continued participation in the rotation tow program by the affected Operator may result in a hazard to public safety and/or welfare.
2) If deemed appropriate, in lieu of termination, the Contract Administrator may impose additional suspensions for longer periods.

U. Minor Violations. Except as specifically stated in this Agreement, minor violations of the terms and conditions of this Agreement may be cause for disciplinary action in the following manner:
1) 1st violation in twelve (12) months – Letter of written reprimand and mandatory meeting between the tow service owner and the Contract Administrator to discuss remediation and future avoidance of the violation.
2) 2nd violation in twelve (12) months – 1 to 30-day suspension of this Agreement.
3) 3rd violation in twelve (12) months – 60 to 90-day suspension of this Agreement.
4) 4th violation in twelve (12) months – Termination of this Agreement, or if deemed appropriate, in lieu of a termination, the Contract Administrator may impose additional suspensions for longer periods. If the suspension of Operator would take them through the expiration of the term of this Agreement, Operator may apply to be on the following year’s rotation tow list, but Operator will not be reinstated until the full suspension is completed. If this Agreement is terminated, then Operator will be unable to apply for the BPD or BCED rotation tow list for the following three tow service agreements.

V. Nothing herein shall be deemed to prohibit the Contract Administrator from immediately suspending any Operator whose conduct, or that of his or her employee(s), in the discretion of the Contract Administrator, is deemed to be a danger to the motoring public or who has engaged in conduct constituting a flagrant violation of this Agreement.

18. COMPLIANCE WITH LAWS.

A. Operator and its employees shall, at all times, comply with all federal, state, and local laws and ordinances, which include, but are not limited to, California Vehicle Code Sections 22650. 22651.1, 22658(k)-(l), 226558.1, and 22850 and the provisions enumerated in 204
Exhibit A, and those laws which are applicable to Operator as promulgated by the California Department of Transportation, the CHP, and industry practices endorsed by the CTTA. To the extent the California Vehicle Code provisions in Exhibit A may be amended from time to time, such amendments shall supersede the applicable provisions in Exhibit A. 1) In the event of a misdemeanor traffic violation(s) by Driver(s) that come(s) to the attention of the BPD, the BPD shall advise Operator of the violation(s). Operator will be granted the opportunity to take necessary steps to ensure that such Driver(s) drive(s) in compliance with law. Any subsequent traffic violation(s) by Operator and/or the involved employee may be cause for appropriate disciplinary action against Operator and/or the involved Driver(s).
2) Any traffic violation(s) involving a felony may be cause for immediate disciplinary action against Operator and/or the involved Driver.

B. The provisions contained herein do not preclude the BPD and/or BCED from taking appropriate enforcement or administrative action for any violations of law. 1) Any arrest, charge, or conviction of Operator, its employee(s), officer(s), or agent(s) involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a drug related offense, felony 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 BPD and/or BCED tow call, or moral turpitude shall be cause for suspension of Operator, it’s employee(s), officer(s), or agent(s), or immediate termination this Agreement.

19. LICENSES, PERMITS, FEES & ASSESSMENTS.

Operator shall have and maintain a valid City of Banning business license during the term of this Agreement. Operator shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. Operator shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services requested by this Agreement.

20. ADVERTISING.

Operator shall not display any sign or engage in any advertisement indicating an official or unofficial connection with the BPD, the BCED, or the Department of Motor Vehicles.

Examples include, without limitation, “Official BPD Tow,” or “Approved by BPD.” The provisions under this Section shall not preclude the Contract Administrator from implementing a system to mark and identify particular tow trucks as having passed the BPD or BCED inspection.

21. CANCELLATION, TERMINATION AND EXEMPTIONS.

A. This Agreement may be cancelled by the Contract Administrator or Operator, for any reason or no reason, with or without cause, by giving thirty (30) calendar days’ written notice to the other Party.
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B. For good cause shown, the Contract Administrator may temporarily relieve a qualified Operator of compliance with a required provision of this Agreement. Any such exemption must be requested in writing, stating valid reasons for the need and justification for a temporary exemption from a requirement of this Agreement. No exemption shall be deemed to have been granted unless it is expressly received by the requesting Operator in writing from the BPD.
1) No exemption shall be granted for a period greater than six (6) months from the date of its approval. Any noncompliance with a material provision of this Agreement after the expiration of a granted exemption shall result in the immediate termination of this Agreement.
2) No exemption shall be considered or granted concerning any legal or safety requirements.

C. If it is determined that Operator had knowledge of criminal activity occurring on the property of Operator, or Operator is arrested for a crime which is a felony, then the City may be immediately terminate this Agreement.

D. If Operator refused to comply with any of the terms of this Agreement, then the City may be immediately terminate this Agreement.

22. COMPENSATION.

Operator agrees to perform the services herein and to receive, as full payment therefore, those fees described in Exhibit C.

23. FEES PAYABLE TO CITY.

A. California Vehicle Code Section 12110(b) provides that a public entity may require payment of a fee in connection with the award of a franchise for towing vehicles on behalf of that public entity; provided, that the fee does not exceed the amount necessary to reimburse the public entity for its actual and reasonable costs incurred in connection with the towing program.

Operator agrees to pay to the City that amount of fees in accordance with California Vehicle Code Section 12110, which provides that “a fee in connection with the award of a franchise for towing vehicles on behalf of that public entity … may not exceed the amount necessary to reimburse the public entity for its actual and reasonable costs incurred in connection with the towing program.” B. The fees that Operator shall pay to the City shall be paid as follows: For each vehicle tow processed by Operator as a result of a call for service from the BPD and/or BCED, Operator shall pay $138.00 to the City (“Towing Program Fee”). This means that those tow services identified in Sections A and B of Exhibit C shall require Operator to pay the City $138.00 per tow. Tows performed at the direction of the City, which do not result in the vehicle being stored or impounded, (i.e. City vehicles and evidence tows), will be deducted from the total on a one for one basis, as structured in Exhibit C. For example, if Operator processes six (6) tows as a result of a call for service from the BPD and/or BCED, but one (1) of the tows was a BPD vehicle tow that did not result in the vehicle being stored or impounded, and another tow was an evidence 206
tow that did not result in the vehicle being stored or impounded, then Operator shall pay to the City $552 for four (4) tows at $138 per tow.

C. These fees payable to the City shall be calculated by the City on a quarterly basis and paid by Operator as follows:
1) Each quarterly period shall run every three (3) months as follows:

January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31.
2) Within fifteen (15) calendar days following the end of a quarterly period, the City shall determine the amount due from Operator for all tows performed for the City that prior quarter and give written notice of the amount due from Operator. 3) Operator shall remit payment to the City of the fees due pursuant to this Section 23 within seven (7) business days of receiving notice from the City of the amount due.

Payment shall be made to the City in the form of check, money order, or wire transfer payable to the “City of Banning” and directed to the attention of “Finance Department.” The obligation to pay is not contingent on any payments due or paid to Operator for the actual tow and/or storage of any vehicle.

D. It is hereby acknowledged and agreed by Operator and the City that the $138.00 per-tow sum represents a reasonable estimate of the amount necessary to reimburse the public entity for its actual and reasonable costs incurred in connection with the towing program.

24. ATTORNEYS’ FEES.

If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees, whether or not the matter proceeds to judgment.

25. CORPORATE AUTHORITY.

A. The persons executing this Agreement on behalf of the Parties hereto warrant that:
1) Such Party is duly organized and existing;
2) Such Party is authorized to execute and deliver this Agreement on behalf of the Party;
3) Entering into this Agreement is not contrary to the contentions of any Party in any litigation involving the Parties hereto; 4) By so executing this Agreement, such Party is formally bound to the provisions of this Agreement; and
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5) The entering into this Agreement does not violate any provision of any other agreement to which such Party is bound.

B. Operator, and the agents and employees of Operator, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the City, the BPD, or the BCED.

26. NOTICE.

Any notice, demand, request, consent, approval, or communication either Party desires, or is required, to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth immediately below as to the City, and the address following the signatures below as to Operator. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or upon seventy-two (72) hours from the time of mailing, if mailed as provided in this Section.

To City: City of Banning
99 E Ramsey Street
Banning, CA 92220
Copy to: Richards, Watson, & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, CA 90071
Attn: Serita R. Young
Operator: Clark’s Towing and Recovery
275 E. Lincoln Street
Banning, CA 92220

27. INTERPRETATION.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

28. INTEGRATION; AMENDMENT.

It is understood that there are no oral agreements between the Parties hereto affecting this Agreement, and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. The Parties agree that, by entering into this Agreement, any and all prior rights or obligations of the Parties under any Prior Agreement of any kind are hereby extinguished, except as expressly provided therein. This Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing.

29. SEVERABILITY.
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In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder, unless the invalidated provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

30. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES.

No officer or employee of the City shall be personally liable to Operator, or any successor in interest, in the event of any default or breach by the City or for any amount that may become due to Operator or to its successor, or for breach of any obligation of the terms of this Agreement.

31. CONFLICT OF INTEREST.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement, nor shall any such officer or employee participate in any decision relating to this Agreement that affects his or her financial interest or the financial interest of any corporation, partnership, or association in which he or she is, directly or indirectly, interested, in violation of any State statute or regulation. Operator warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

32. VENUE.

All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California.

33. COVENANT AGAINST DISCRIMINATION.

Operator covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Operator shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry.

34. RECITALS.

All recitals preceding the terms of this Agreement are incorporated into the terms hereof and understood as binding obligations.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF the Parties hereto have executed this Agreement on the Effective Date stated in the introductory clause.

CITY OF BANNING OPERATOR
By:

Douglas Schulze, City Manager
By:

NAME:

TITLE:

NAME:

TITLE:

ATTEST:

Tax ID No.

Caroline Patton, Deputy City Clerk
Address
APPROVED AS TO FORM:

Richards, Watson, Gershon
Serita R. Young, City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED.

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY

THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. 210

EXHIBIT A

CALIFORNIA VEHICLE CODE LAWS
NOTE: The laws that govern a tow truck operator’s business and vehicle operations are included in, but not limited to, this Exhibit. The list of laws included herein is intended as a general guide only. It is Operator’s responsibility to know and comply with all federal and state statutes and all local ordinances relating to its operations; including those that are and are not listed, any new statutes or ordinances subsequently adopted, and any amendments, repeals, or modifications of existing statutes and ordinances, including, but not limited to, those described in this Exhibit.

1. GENERAL.

A. Operator shall be able to properly conduct a lien sale as outlined in Division 11, Chapter 10, Article 2, beginning with Section 22851 of the California Vehicle Code.

B. Operator and/or Drivers shall be properly licensed in accordance with Section 12804.9 of the California Vehicle Code. Commercial drivers’ licenses must be endorsed to allow operation of special vehicle configurations and/or special cargoes. The following shows the correct license class and endorsement for the vehicle or cargo being transported:

VEHICLE TYPE OF CARGO CLASS LICENSE ENDORSEMENT
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
Material
A, B, or C X
1) Drivers shall have the proper class of license and endorsements for the vehicle and cargo being transported, as shown above. a) Whenever tank vehicles, double trailers, and/or hazardous materials carriers are towed or driven, the Driver is required to possess the appropriate class of license and endorsement.
b) Empty buses can be towed without the passenger transport endorsement, but the Driver must have the passenger transport endorsement if the bus is driven by him/her, even without passengers.
2) Drivers may obtain a Class A driver license that is restricted to towing other vehicles. The actual driving of damaged vehicles or vehicles being serviced requires that the Class A license not be restricted to towing vehicles. Commercial vehicle operators or operators of vehicles requiring a special certificate must possess both the appropriate license and certificate, as well as possess a valid medical card.
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C. Operator shall comply with the provisions contained in Division 4, Chapter 2 (Reports of Stored Vehicles) of the California Vehicle Code (commencing at Section 10650).

D. Operator shall comply with the provisions of Section 10854 of the California Vehicle Code.

E. Operator shall comply with the provisions of Section 12110 of the California Vehicle Code.

F. Operator shall comply with the provisions of Division 11, Chapter 9 of the California Vehicle Code, relating to stopping, standing, or parking, and Chapter 10, relating to the removal or parked and abandoned vehicles.

G. Tow trucks shall comply with appropriate lighting and equipment requirements for motor vehicles as contained in the California Vehicle Code.

H. Tow trucks towing disabled legal vehicles or a legal combination of vehicles shall comply with the vehicle size, weight, load limitations contained in Division 15 of the California Vehicle Code.
1) Tow operators may obtain transportation permits, which allow specific variances on these vehicle length and weight limitations, through the California Department of Transportation or local authorities with respect to highways under their respective jurisdictions.
a) The California Department of Transportation issues permits to requesting operators on an annual basis. The permit allows the movement of disabled legal vehicles under the following conditions:
(1) Disabled legal vehicles or legal combinations of
vehicles may be towed on state highways to the nearest appropriate place of repair, or nearest secure storage area that is appropriate for the vehicle or load, whichever is closest and most accessible. It is not the intent of the permit to allow these combinations to be towed to their ultimate destination for convenience, unless that destination meets the foregoing criteria. (2) Disabled legal vehicles or combination of vehicles, when connected to a tow truck, may exceed legal gross weight limitations. When the end of a truck or truck tractor of legal weight is elevated by a tow truck, the drive axles, the tow truck and/or the drive axle(s) of the disabled vehicle may exceed legal axle or axle group weight limitations. If any axle or axle group exceeds legal weight, movement will be limited to specific routes. b) Disabled vehicles or combination of vehicles whose
movement is authorized by a transportation permit, or any disabled vehicle or any combination of vehicles which, because of damage, has incurred distortion in width or height, causing the vehicle to be in excess of legal dimensions, may be moved at the direction of a peace officer or single trip permit issued by the California Department of Transportation. 212
c) The Driver, operating under a transportation permit, shall comply with all terms and conditions of the permit.

I. Operator shall comply with the provisions of Sections 3068 through 3074 of the California Civil Code.

J. Operator shall comply with Sections 182, 470, and 532 of the California Penal Code, relating to fraud and conspiracy to commit fraud.

K. Operator shall comply with the provisions of Sections 17200 et seq. and 17500 et seq. of the California Business and Professions Code, relating to fraudulent or unfair business practice, or false or misleading statements.

2. SPECIFIC CALIFORNIA VEHICLE CODE REQUIREMENTS RELATING TO TOW TRUCKS, INCLUDING, BUT NOT LIMITED TO:

A. Summarized California Vehicle Code Provisions:

Unlawful Advertising as Department; Use of Department Initials or Identity (Cal. Veh. Code, § 25)
(a) It is unlawful for any person to display or cause or permit to be displayed any sign, mark, or advertisement indicating an official connection with either the Department of Motor Vehicles or the Department of the California Highway Patrol unless such person has lawful authority, permission, or right to make such display.
(b) It is unlawful for the holder of any occupational license issued pursuant to Division 5 (commencing with Section 11100) to use the initials “DMV,” the Department of Motor Vehicles logogram, or the words “Department of Motor Vehicles” in any business name or telephone number. No occupational licensee may use the initials, logogram, or words in any advertisement in a way that indicates, or could be construed to indicate, any official connection with the Department of Motor Vehicles other than as a licensee.

Tow Truck (Cal. Veh. Code, § 615(a))
A “tow truck” is a motor vehicle which has been altered or designed and equipped for, and primarily used in the business of, transporting vehicles by means of a crane, hoist, tow bar, tow line, or dolly or is otherwise primarily used to render assistance to other vehicles. A “roll-back carrier” designed to carry up to two vehicles is also a tow truck. A trailer for hire that is being used to transport a vehicle is a tow truck. “Tow truck” does not include an automobile dismantlers’ tow vehicle or a repossessor’s tow vehicle.

NOTE: A vehicle which is not exclusively used in the business of towing vehicles nor used to render assistance to other vehicles is not a “tow truck” as defined above and need not comply with the requirements of the California Vehicle Code sections cited in this Exhibit. Such a vehicle shall not be equipped with the flashing amber warning lights permitted on “tow trucks” and is not entitled to special parking privileges under California Vehicle Code Section 22513. 213
Portable Dolly (Cal. Veh. Code, § 4014)
Any portable or collapsible dolly carried in a tow truck or in a truck used by an automobile dismantler and used upon a highway exclusively for towing disabled vehicles is exempt from registration.

Mounting of Plates (Cal. Veh. Code, § 5201(a)(1))
The rear license plate on a tow truck or repossessor’s tow vehicle may be mounted on the lefthand side of the mast assembly at the rear of the cab of the vehicle, not less than 12 inches nor more than 90 inches from the ground.

Compensation for Arranging or Requesting Towing Services (Cal. Veh. Code, § 12110(a)) Except as provided in subdivision (b), no towing service shall provide and no person or public entity shall accept any direct or indirect commission, gift, or any compensation whatever from a towing service in consideration of arranging or requesting the services of a tow truck. As used in this section, “arranging” does not include the activities of employees or principals of a provider of towing services in responding to a request for towing services.

Tow Trucks; Stopping at Scene of Accident or Near Disabled Vehicle; Soliciting an Engagement for Towing Services or to Remove Vehicle; Conditions; Documentation and Reporting Requirements; Fees; Misdemeanors; Exceptions (Cal. Veh. Code, § 22513(a)-(e)) (a)(1) It is a misdemeanor for a towing company or the owner or operator of a tow truck to stop or cause a person to stop at the scene of an accident or near a disabled vehicle for the purpose of soliciting an engagement for towing services, either directly or indirectly, to furnish towing services, to move a vehicle from a highway, street, or public property when the vehicle has been left unattended or when there is an injury as the result of an accident, or to accrue charges for services furnished under those circumstances, unless requested to perform that service by a law enforcement officer or public agency pursuant to that agency's procedures, or unless summoned to the scene or requested to stop by the owner or operator of a disabled vehicle. (2)(A) A towing company or the owner or operator of a tow truck summoned, or alleging it was summoned, to the scene by the owner or operator of a disabled vehicle shall possess all of the following information in writing prior to arriving at the scene:
(i) The first and last name and working telephone number of the person who summoned it to the scene.
(ii) The make, model, year, and license plate number of the disabled vehicle. (iii) The date and time it was summoned to the scene.
(iv) The name of the person who obtained the information in clauses (i), (ii), and (iii). (B) A towing company or the owner or operator of a tow truck summoned, or alleging it was summoned, to the scene by a motor club, as defined by Section 12142 of the Insurance Code, 214
pursuant to the request of the owner or operator of a disabled vehicle is exempt from the requirements of subparagraph (A), provided it possesses all of the following information in writing prior to arriving at the scene:
(i) The business name of the motor club.
(ii) The identification number the motor club assigns to the referral. (iii) The date and time it was summoned to the scene by the motor club. (3) A towing company or the owner or operator of a tow truck requested, or alleging it was requested, to stop at the scene by the owner or operator of a disabled vehicle shall possess all of the following information in writing upon arriving at the scene:
(A) The first and last name and working telephone number of the person who requested the stop. (B) The make, model, and license plate number, if one is displayed, of the disabled vehicle. (C) The date and time it was requested to stop.
(D) The name of the person who obtained the information in subparagraphs (A), (B), and (C). (4) A towing company or the owner or operator of a tow truck summoned or requested, or alleging it was summoned or requested, by a law enforcement officer or public agency pursuant to that agency's procedures to stop at the scene of an accident or near a disabled vehicle for the purpose of soliciting an engagement for towing services, either directly or indirectly, to furnish towing services, or that is expressly authorized to move a vehicle from a highway, street, or public property when the vehicle has been left unattended or when there is an injury as the result of an accident, shall possess all of the following in writing before leaving the scene:
(A) The identity of the law enforcement agency or public agency. (B) The log number, call number, incident number, or dispatch number assigned to the incident by law enforcement or the public agency, or the surname and badge number of the law enforcement officer, or the surname and employee identification number of the public agency employee.
(C) The date and time of the summons, request, or express authorization. (5) For purposes of this section, “writing” includes electronic records. (b) The towing company or the owner or operator of a tow truck shall make the written information described in subdivision (a) available to law enforcement, upon request, from the time it appears at the scene until the time the vehicle is towed and released to a third party, and shall maintain that information for three years. The towing company or owner or operator of a tow truck shall make that information available for inspection and copying within 48 hours of a written request from any officer or agent of a police department, sheriff's department, the 215
Department of the California Highway Patrol, the Attorney General's office, a district attorney's office, or a city attorney's office.
(c)(1) Prior to attaching a vehicle to the tow truck, if the vehicle owner or operator is present at the time and location of the anticipated tow, the towing company or the owner or operator of the tow truck shall furnish the vehicle's owner or operator with a written itemized estimate of all charges and services to be performed. The estimate shall include all of the following:
(A) The name, address, telephone number, and motor carrier permit number of the towing company.
(B) The license plate number of the tow truck performing the tow. (C) The first and last name of the towing operator, and if different than the towing operator, the first and last name of the person from the towing company furnishing the estimate. (D) A description and cost for all services, including, but not limited to, charges for labor, special equipment, mileage from dispatch to return, and storage fees, expressed as a 24-hour rate. (2) The tow truck operator shall obtain the vehicle owner or operator's signature on the itemized estimate and shall furnish a copy to the person who signed the estimate. (3) The requirements in paragraph (1) may be completed after the vehicle is attached and removed to the nearest safe shoulder or street if done at the request of law enforcement or a public agency, provided the estimate is furnished prior to the removal of the vehicle from the nearest safe shoulder or street.
(4) The towing company or the owner or operator of a tow truck shall maintain the written documents described in this subdivision for three years, and shall make them available for inspection and copying within 48 hours of a written request from any officer or agent of a police department, sheriff's department, the Department of the California Highway Patrol, the Attorney General's office, a district attorney's office, or a city attorney's office. (5) This subdivision does not apply to a towing company or the owner or operator of a tow truck summoned to the scene by a motor club, as defined by Section 12142 of the Insurance Code, pursuant to the request of the owner or operator of a disabled vehicle. (6) This subdivision does not apply to a towing company or the owner or operator of a tow truck summoned to the scene by law enforcement or a public agency pursuant to that agency's procedures, and operating at the scene pursuant to a contract with that law enforcement agency or public agency.
(d)(1) Except as provided in paragraph (2), a towing company or the owner or operator of a tow truck shall not charge a fee for towing or storage, or both, of a vehicle in excess of the greater of the following:
(A) The fee that would have been charged for that towing or storage, or both, made at the request of a law enforcement agency under an agreement between a towing company and the law 216
enforcement agency that exercises primary jurisdiction in the city in which the vehicle was, or was attempted to be, removed, or if not located within a city, the law enforcement agency that exercises primary jurisdiction in the county in which the vehicle was, or was attempted to be, removed.
(B) The fee that would have been charged for that towing or storage, or both, under the rate approved for that towing operator by the Department of the California Highway Patrol for the jurisdiction from which the vehicle was, or was attempted to be, removed. (2) Paragraph (1) does not apply to the towing or transportation of a vehicle or temporary storage of a vehicle in transit, if the towing or transportation is performed with the prior consent of the owner or operator of the vehicle.
(3) No charge shall be made in excess of the estimated price without the prior consent of the vehicle owner or operator.
(4) All services rendered by a tow company or tow truck operator, including any warranty or zero cost services, shall be recorded on an invoice, as described in subdivision (e) of Section 22651.07.

The towing company or the owner or operator of a tow truck shall maintain the written documents described in this subdivision for three years, and shall make the documents available for inspection and copying within 48 hours of a written request from any officer or agent of a police department, sheriff's department, the Department of the California Highway Patrol, the Attorney General's office, a district attorney's office, or a city attorney's office. (e) A person who willfully violates subdivision (b), (c), or (d) is guilty of a misdemeanor, punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail for not more than three months, or by both that fine and imprisonment.

Freeways; stopping, parking or leaving vehicles standing; exceptions to prohibition; violation; conviction (Cal. Veh. Code, § 21718)
(a) No person shall stop, park, or leave standing any vehicle upon a freeway which has full control of access and no crossings at grade except:
(1) When necessary to avoid injury or damage to persons or property. (2) When required by law or in obedience to a peace officer or official traffic control device. (3) When any person is actually engaged in maintenance or construction on freeway property or any employee of a public agency is actually engaged in the performance of official duties. (4) When any vehicle is so disabled that it is impossible to avoid temporarily stopping and another vehicle has been summoned to render assistance to the disabled vehicle or driver of the disabled vehicle. This paragraph applies when the vehicle summoned to render assistance is a vehicle owned by the donor of free emergency assistance that has been summoned by display upon or within a disabled vehicle of a placard or sign given to the driver of the disabled vehicle by the 217
donor for the specific purpose of summoning assistance, other than towing service, from the donor.
(5) Where stopping, standing, or parking is specifically permitted. However, buses may not stop on freeways unless sidewalks are provided with shoulders of sufficient width to permit stopping without interfering with the normal movement of traffic and without the possibility of crossing over fast lanes to reach the bus stop.
(6) Where necessary for any person to report a traffic accident or other situation or incident to a peace officer or any person specified in paragraph (3), either directly or by means of an emergency telephone or similar device.
(7) When necessary for the purpose of rapid removal of impediments to traffic by the owner or operator of a tow truck operating under an agreement with the Department of the California Highway Patrol.
(b) A conviction of a violation of this section is a conviction involving the safe operation of a motor vehicle upon the highway if a notice to appear for the violation was issued by a peace officer described in Section 830.1 or 830.2 of the Penal Code.

Towing and Service Charges; Credit Card or Cash Payment (Cal. Veh. Code, § 22651.1) Persons operating or in charge of any storage facility where vehicles are stored pursuant to Section 22651 shall accept a valid bank credit card or cash for payment of towing and storage by the registered owner, legal owner, or the owner's agent claiming the vehicle. A credit card shall be in the name of the person presenting the card. “Credit card” means “credit card” as defined in subdivision (a) of Section 1747.02 of the Civil Code, except, for the purposes of this section, credit card does not include a credit card issued by a retail seller. A person operating or in charge of any storage facility who refuses to accept a valid bank credit card shall be liable to the owner of the vehicle or to the person who tendered the fees for four times the amount of the towing and storage charges, but not to exceed five hundred dollars ($500). In addition, persons operating or in charge of the storage facility shall have sufficient funds on the premises to accommodate and make change in a reasonable monetary transaction.

Credit charges for towing and storage services shall comply with Section 1748.1 of the Civil Code. Law enforcement agencies may include the costs of providing for payment by credit when agreeing with a towing or storage provider on rates.

Release to Owner or Person in Control on Proof of Current Registration or on Issuance of Notice to Appear for Registration Violation; Posting of Notice (Cal. Veh. Code, § 22850.3) (a) A vehicle placed in storage pursuant to Section 22850 shall be released to the owner or person in control of the vehicle only if the owner or person furnishes, to the law enforcement agency or employee who placed the vehicle in storage, satisfactory proof of current vehicle registration.

The agency which caused the vehicle to be stored may, in its discretion, issue a notice to appear for the registration violation, if the two days immediately following the day of impoundment are weekend days or holidays.
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(b) At every storage facility there shall be posted in a conspicuous place a notice to the effect that a vehicle placed in storage pursuant to Section 22850 may be released only on proof of current registration or, at the discretion of the impounding agency, upon the issuance of a notice to appear for the registration violation by the local agency which caused the vehicle to be stored, specifying the name and telephone number of that local agency.

Taillamps Generally; Stoplamps; Reflectors (Cal. Veh. Code, §§ 24600(f), 24603(c), 24607(d)) Section 24600(f)
(f) Taillamps on vehicles manufactured on or after January 1, 1969, shall be mounted not lower than 15 inches nor higher than 72 inches, except that a tow truck, in addition to being equipped with the required taillamps, may also be equipped with two taillamps which may be mounted not lower than 15 inches nor higher than the maximum allowable vehicle height and as far forward as the rearmost portion of the driver's seat in the rearmost position. The additional taillamps on a tow truck shall be lighted whenever the headlamps are lighted.

Section 24603(c)
(c) Except as provided in subdivision (h), stoplamps on vehicles manufactured on or after January 1, 1969, shall be mounted not lower than 15 inches nor higher than 72 inches, except that a tow truck or a repossessor’s tow vehicle, in addition to being equipped with the required stoplamps, may also be equipped with two stoplamps which may be mounted not lower than 15 inches nor higher than the maximum allowable vehicle height and as far forward as the rearmost portion of the driver’s seat in the rearmost position.

Section 24607(d)
(d) When more than one reflector is required, at least one shall be mounted at the left side and one at the right side, respectively, at the same level. Required reflectors shall be mounted not lower than 15 inches nor higher than 60 inches, except that a tow truck, in addition to being equipped with the required reflectors, may also be equipped with two reflectors which may be mounted not lower than 15 inches nor higher than the maximum allowable vehicle height and as far forward as the rearmost portion of the driver's seat in the rearmost position. Additional reflectors of a type meeting requirements established by the department may be mounted at any height.

Tow Trucks, Automobile Dismantler’s Tow Vehicle and Towed Vehicle (Cal. Veh. Code, § 24605) (a) A tow truck or an automobile dismantler’s tow vehicle used to tow a vehicle shall be equipped with and carry a taillamp, a stoplamp, and turn signal lamps for use on the rear of a towed vehicle. (b) Whenever a tow truck or an automobile dismantler's tow vehicle is towing a vehicle and a stoplamp and turn signal lamps cannot be lighted and displayed on the rear of the towed vehicle, the operator of the tow truck or the automobile dismantler’s tow vehicle shall display to the rear a stoplamp and turn signal lamps mounted on the towed vehicle, except as provided in subdivision (c). During darkness, if a taillamp on the towed vehicle cannot be lighted, the operator of the tow 219
truck or the automobile dismantler’s tow vehicle shall display to the rear a taillamp mounted on the towed vehicle. No other lighting equipment need be displayed on the towed vehicle. (c) Whenever any motor vehicle is towing another motor vehicle, stoplamps and turn signal lamps are not required on the towed motor vehicle, but only if a stoplamp and a turn signal lamp on each side of the rear of the towing vehicle is plainly visible to the rear of the towed vehicle. This subdivision does not apply to driveaway-towaway operations.

Utility Flood and Loading Lamps (Cal. Veh. Code, § 25110(a)(l), (b)) (a) The following vehicles may be equipped with utility flood or loading lamps mounted on the rear, and sides, that project a white light illuminating an area to the side or rear of the vehicle for a distance not to exceed 75 feet at the level of the roadway:
(1) Tow trucks that are used to tow disabled vehicles may display utility floodlights, but only during the period of preparation for towing at the location from which a disabled vehicle is to be towed.
(b) Lamps permitted under subdivision (a) shall not be lighted during darkness, except while the vehicle is parked, nor project any glaring light into the eyes of an approaching driver.

Warning Lights on Tow Trucks Used to Tow Disabled Vehicles (Cal. Veh. Code, § 25253) (a) Tow trucks used to tow disabled vehicles shall be equipped with flashing amber warning lamps. This subdivision does not apply to a tractor-trailer combination. (b) Tow trucks may display flashing amber warning lamps while providing service to a disabled vehicle. A flashing amber warning lamp upon a tow truck may be displayed to the rear when the tow truck is towing a vehicle and moving at a speed slower than the normal flow of traffic. (c) A tow truck shall not display flashing amber warning lamps on a freeway except when an unusual traffic hazard or extreme hazard exists.

Note: Vehicles used by automobile dismantlers to tow disabled vehicles may be equipped with flashing amber warning lights. Vehicles used by service stations or garages to occasionally render assistance to disabled vehicles are not tow trucks and are not permitted to be equipped with flashing amber warning lamps.

Use of Flashing Amber Warning Light (Cal. Veh. Code, § 25268) No person shall display a flashing amber warning light on a vehicle as permitted by this code except when an unusual traffic hazard exists.

Emergency Reflectors; Emergency Warning Signs or Banners; Disabled or Parked Vehicles (Cal.

Veh. Code, § 25300)
(a) Every vehicle which, if operated during darkness, would be subject to the requirements of Section 25100, and every truck tractor, irrespective of width, shall at all times be equipped with 220
at least three red emergency reflectors. The reflectors need be carried by only one vehicle in a combination.

All reflectors shall be maintained in good working condition. (b) When the vehicle is disabled on the roadway during darkness, reflectors of the type specified in subdivision (a) shall be immediately placed as follows:

One at the traffic side of the disabled vehicle, not more than 10 feet to the front or rear of the vehicle.

One at a distance of approximately 100 feet to the rear of the disabled vehicle in the center of the traffic lane occupied by the vehicle.

One at a distance of approximately 100 feet to the front of the disabled vehicle in the center of the traffic lane occupied by such vehicle.

If disablement of the vehicle occurs within 500 feet of a curve, crest of a hill, or other obstruction to view, the driver shall so place the reflectors in that direction as to afford ample warning to other users of the highway, but in no case less than 100 nor more than 500 feet from the disabled vehicle.

If disablement of the vehicle occurs upon any roadway of a divided or one-way highway, the driver shall place one reflector at a distance of approximately 200 feet and one reflector at a distance of approximately 100 feet to the rear of the vehicle in the center of the lane occupied by the stopped vehicle, and one reflector at the traffic side of the vehicle not more than 10 feet to the rear of the vehicle.
(c) When the vehicle is disabled or parked off the roadway but within 10 feet thereof during darkness, warning reflectors of the type specified in subdivision (a) shall be immediately placed by the driver as follows: one at a distance of approximately 200 feet and one at a distance of approximately 100 feet to the rear of the vehicle, and one at the traffic side of the vehicle not more than 10 feet to the rear of the vehicle. The reflectors shall, if possible, be placed between the edge of the roadway and the vehicle, but in no event less than two feet to the left of the widest portion of the vehicle or load thereon.
(d) (1) Until the reflectors required by this section can be placed properly, the requirements of this section may be complied with temporarily either by placing lighted red fusees or liquidburning flares in the required locations or by using turn signal lamps, but only if front turn signal lamps at each side are being flashed simultaneously and rear turn signal lamps at each side are being flashed simultaneously.
(2) The driver of a commercial motor vehicle equipped with fusees or liquid-burning flares shall place a lighted fusee or liquid-burning flare at each of the locations specified in subdivision (b).

There shall be at least one lighted fusee or liquid-burning flare at each of the prescribed locations for as long as the commercial motor vehicle is stopped. Before the stopped commercial vehicle is moved, the driver shall properly extinguish and remove each fusee or liquid-burning flare. 221
(3) If gasoline or any other flammable or combustible liquid or gas seeps or leaks from a fuel container or commercial motor vehicle stopped upon a highway, an emergency warning signal producing a flame shall not be lighted or placed except at a distance from the liquid or gas as will assure the prevention of a fire or explosion.
(4)(A) A driver shall not use or permit the use of any flame-producing emergency signal for protecting any of the following:
(i) A commercial vehicle transporting Division 1.1, Division 1.2, or Division 1.3 explosives, as classified by the United States Department of Transportation. (ii) A cargo tank motor vehicle, whether loaded or empty, used for the transportation of any Class 3 flammable liquid or Division 2.1 flammable gas, as classified by the United States Department of Transportation.
(iii) A commercial motor vehicle using compressed gas as a motor fuel. (B) In lieu of a flame-producing emergency signal, emergency reflective triangles, red electric lanterns, or red emergency reflectors shall be used, the placement of which shall be in the same manner as prescribed in Section 392.22(b) of Title 49 of the Code of Federal Regulations. (e) The reflectors shall be displayed continuously during darkness while the vehicle remains disabled upon the roadway or parked or disabled within 10 feet thereof. (f) Subdivisions (b), (c), (d), and (e) do not apply to a vehicle under either of the following circumstances:
(1) Parked in a legal position within the corporate limits of any city. (2) Parked in a legal position upon a roadway bounded by adjacent curbs. (g) In addition to the reflectors specified in subdivision (a), an emergency warning sign or banner may be attached to a vehicle which is disabled upon the roadway or which is parked or disabled within 10 feet of a roadway.

Use of Fusees (Cal. Veh. Code, § 25305)
(a) No person shall place, deposit, or display upon or adjacent to any highway any lighted fusee, except as a warning to approaching vehicular traffic or railroad trains, or both, of an existing hazard upon or adjacent to the highway or highway-railroad crossing. (b) It is unlawful to use any fusee which produces other than a red light. The provisions of this subdivision shall not apply to any railroad, as defined in Section 229 of the Public Utilities Code. (c) No person shall attach or permit any person to attach a lighted fusee to any part of a vehicle.

Condition of Brakes; Control and Stopping Requirements; Power brake; Single Control (Cal.

Veh. Code, §§ 26453, 26454(a)-(b), 26458)
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Section 26453
All brakes and component parts thereof shall be maintained in good condition and in good working order. The brakes shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle.

Section 26454(a)-(b)
(a) The service brakes of every motor vehicle or combination of vehicles shall be adequate to control the movement of and to stop and hold the vehicle or combination of vehicles under all conditions of loading.
(b) Every motor vehicle or combination of vehicles, at any time and under all conditions of loading, shall, upon application of the service brake, be capable of stopping from an initial speed of 20 miles per hour according to the following requirements:

Maximum
Stopping
Distance
(feet)
(1) Passenger-carrying vehicles with a seating capacity of 10 or fewer persons, including the driver, and built on a passenger car chassis…………………….
20 (2) Passenger-carrying vehicles with a seating capacity of more than 10 persons, including the driver, and built on a passenger car chassis; vehicles built on a truck or bus chassis and having a GVWR of 10,000 pounds or less……………………………………….
25 (3) All other passenger-carrying vehicles……………… 35
(4) Single-unit property-carrying vehicles having a GVWR of 10,000 pounds or less…………………...
25 (5) Single-unit property-carrying vehicles having a GVWR of more than 10,000 pounds, except truck tractors; combinations of a 2-axle towing vehicle and trailer having a GVWR of 3,000 pounds or less; all combinations of 2 or fewer vehicles in driveaway or towaway operation…………………...
35 (6) All other property-carrying vehicles and combinations of propertycarrying vehicles………..40 Section 26458
(a) The braking system on every motor vehicle used to tow another vehicle shall be so 223
arranged that one control on the towing vehicle shall, when applied, operate all the service brakes on the power unit and combination of vehicles when either or both of the following conditions exist:

The towing vehicle is required to be equipped with power brakes.

The towed vehicle is required to be equipped with brakes and is equipped with power brakes.
(b) Subdivision (a) shall not be construed to prohibit motor vehicles from being equipped with an additional control to be used to operate the brakes on the trailer or trailers. (c) Subdivision (a) does not apply to any of the following combinations of vehicles, if the combination of vehicles meets the stopping distance requirements of Section 26454:

Vehicles engaged in driveaway-towaway operations.

Disabled vehicles, while being towed.

Towed motor vehicles.

Trailers equipped with inertially controlled brakes which are designed to be applied automatically upon breakaway from the towing vehicle and which are capable of stopping and holding the trailer stationary for not less than 15 minutes.

Required Equipment (Cal. Veh. Code, § 27700(a))
(a) Tow trucks shall be equipped with and carry all of the following:
(1) One or more brooms, and the driver of the tow truck engaged to remove a disabled vehicle from the scene of an accident shall remove all glass and debris deposited upon the roadway by the disabled vehicle which is to be towed.
(2) One or more shovels, and whenever practical the tow truck driver engaged to remove any disabled vehicle shall spread dirt upon that portion of the roadway where oil or grease has been deposited by the disabled vehicle;
(3) One or more fire extinguishers of the dry chemical or carbon dioxide type with an aggregate rating of at least 4-B, C units and bearing the approval of a laboratory nationally recognized as properly equipped to make the approval.

Tow Trucks, Repossessor’s Tow Vehicles or Automobile Dismantler’s Tow Vehicles (Cal. Veh.

Code, § 27907)
There shall be displayed in a conspicuous place on both the right and left side of a tow truck, a repossessor's tow vehicle, or an automobile dismantler's tow vehicle used to tow or carry vehicles a sign showing the name of the company or the owner or operator of the tow truck or tow vehicle.

The sign shall also contain the business address and telephone number of the owner or driver. 224
The letters and numbers of the sign shall not be less than 2 inches in height and shall be in contrast to the color of the background upon which they are placed.

A person licensed as a repossession agency pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code, or a registrant of the agency, may use the license number issued to the agency by the Department of Consumer Affairs in lieu of a name, business address, and telephone number.

NOTE: California Vehicle Code Section 25 prohibits the display of any sign, mark, or advertisement indicating an official connection with either the Department of Motor Vehicles or the Department of the California Highway Patrol unless such person has lawful authority, permission, or right to make such display.

Towing Requirements (Cal. Veh. Code, § 29004(a)-(c))
(a)(1) Except as required under paragraph (2), a towed vehicle shall be coupled to the towing vehicle by means of a safety chain, cable, or equivalent device in addition to the regular drawbar, tongue, or other connection.
(2) A vehicle towed by a tow truck shall be coupled to the tow truck by means of at least two safety chains in addition to the primary restraining system. The safety chains shall be securely affixed to the truck frame, bed, or towing equipment, independent of the towing sling, wheel lift, or under-reach towing equipment.
(3) A vehicle transported on a slide back carrier tow truck or on a trailer shall be secured by at least four tiedown chains, straps, or an equivalent device, independent of the winch or loading cable. This subdivision does not apply to vehicle bodies that are being transported in compliance with Sections 393.100 to 393.136, inclusive, of Title 49 of the Code of Federal Regulations. (b) All safety connections and attachments shall be of sufficient strength to control the towed vehicle in the event of failure of the regular hitch, coupling device, drawbar, tongue, or other connection. All safety connections and attachments also shall have a positive means of ensuring that the safety connection or attachment does not become dislodged while in transit. (c) No more slack may be left in a safety chain, cable, or equivalent device than is necessary to permit proper turning. When a drawbar is used as the towing connection, the safety chain, cable, or equivalent device shall be connected to the towed and towing vehicle and to the drawbar so as to prevent the drawbar from dropping to the ground if the drawbar fails. 225

EXHIBIT B

EQUIPMENT SPECIFICATIONS AND USE REQUIREMENTS
I. GENERAL EQUIPMENT SPECIFICATIONS AND USE EQUIPMENT:
a. Tow Truck and Car Carrier Classifications: Tow truck and car carrier classifications are based on the truck chassis GVWR, and the classification system used by the American Trucking Association (ATA) and truck manufacturers.

ATA and Manufacturers Classification CHP Classification a. Class 3 - 10,000-14,000 lbs. GVWR (Class A Tow Trucks) b. Class 4 - 14,001-16,000 lbs. GVWR (Class A Tow Trucks) c. Class 5 - 16,001-19,500 lbs. GVWR (Class A Tow Trucks) d. Class 6 - 19,501-26,000 lbs. GVWR (Class B Tow Trucks) e. Class 7 - 26,001-33,000 lbs. GVWR (Class B Tow Trucks) f. Class 8 - 33,001-or more GVWR (Class B Tow Trucks)
b. Equipment Limitations. All towing equipment, recovery equipment, and carrier ratings are based on structural factors only. Actual towing, carrying, and recovery capacity may be limited by the capacity of the chassis and the optional equipment selected.
c. Towing Limitations.
1) The total weight of the truck, including the lifted load, shall fall within the GVWR and not exceed either the front axle weight ratings (FAWR) or rear axle weight ratings (RAWR).
2) The truck must meet all applicable state and/or federal standards. 3) The front axle load must be at least fifty percent (50%) of its normal or unladen weight after the load is lifted.
d. Identification Labels. Each piece of towing equipment shall have a label or identification tag permanently affixed to the equipment in a prominent location to identify the manufacturer, serial number, model, and rated capacity. e. Recovery Equipment Rating. The basic performance rating of the recovery equipment is the weight the equipment can lift in a winching mode, when the boom is static at a 30-degree elevation with the load lines vertical and the lifting cables sharing the load equally, measured with a live load (weight or load cell). 1) The structural design of the recovery equipment must have a higher load capacity than the performance rating(s).
2) Winches shall conform to or exceed the specifications set forth by the Society of Automotive Engineers (SAE) Handbook, SAE 1706. 3) All ratings for cable and chain assemblies are for the undamaged assembly condition. All cable and chain assemblies should be the same type, 226
construction, and rating as specified by the original equipment manufacturer (OEM) for the equipment
f. Safety Chains. Safety chains shall be rated at no less than the rating specified by the OEM.
1) Two safety chains shall be used for vehicles being towed. The safety chains shall be securely affixed to the truck bed frame or wrecker boom, independent of the towing sling, bar or hitch, wheel lift, or under-lift towing equipment. The towed vehicle shall be secured to the towing equipment independent of the safety chains by either two chains or two straps. 2) Vehicles being transported on slide back carriers shall be secured by four tie-down chains or straps independent of the winch or loading cable. 3) All safety connections and attachments shall have a positive means of sufficient strength, to ensure that the safety connection or attachment cannot become disengaged while in transit.
g. Control/Safety Labels. All controls shall be clearly marked to indicate proper operations, as well as any special warnings or cautions. h. Signs. All tow trucks shall display signs on both sides containing Operator’s company name, business address, and telephone number. The signs shall be permanently affixed and in compliance with the requirements of Section 27907 of the California Vehicle Code.
i. Wire Rope (Cable). Wire rope shall be maintained in good condition. Only wire rope with swaged ends, wedge locks, or braided ends, with metal sleeves in the loops, shall be approved for use as approved by the CHP. Wire rope is not in good condition when it is stranded, knotted, crushed, excessively rusty, kinked, badly worn, when there are twelve (12) or more wires broken in lay length, or where there is other visible evidence of loss of strength.

II. TOW TRUCK CLASSIFICATIONS AND EQUIPMENT SPECIFICATIONS a. Class A Tow Truck Minimum Equipment Specifications:
4) 10,000 pound GVWR chassis.
5) 4-ton recovery equipment rating.
6) Hydraulic or mechanical winch(es).
7) 100 ft. 3/8” x 19 cable or original equipment manufacturers (OEM) specifications.
8) Tow chains, 5/16” alloy or OEM specifications, J/T hook assembly. 9) Safety chains, 5/16” alloy or OEM specifications.
10) Tow sling rating 3,000 pounds, when equipped.
11) Wheel lift safety straps or equivalent mechanical device. 12) All required wheel safety straps, or equivalent wheel retention device, tiedown straps, and safety chains shall be used during towing operations. 227
13) Tow dolly.
14) One 3-ton snatch block.
15) Wheel lift rating - retracted 3,000 pounds.
b. Class A Car Carrier - One Car Minimum Equipment Specifications:
1) 10,000 pound GVWR chassis.
2) Hydraulic or mechanical winch.
3) 50 ft. 3/8” 6 x 19 cable or OEM specifications.
4) J/T hook loading bridle/chains.
5) Safety chains, 5/16” alloy or OEM specifications; four safety chains for the vehicle being transported.
6) All required tie-down straps and safety chains shall be used as required during towing operations.
c. Class A Car Carrier - Two Cars Minimum Equipment Specifications:
1) 16,001 pound GVWR chassis.
2) Hydraulic or mechanical winch.
3) 50 ft. 3/8” 6 x 19 cable or OEM specifications.
4) J/T hook loading bridle/chains.
5) Safety chains 5/16” alloy or OEM specifications; four safety chains for the vehicle being transported and two safety chains for the vehicle being towed. 6) All required tie-down straps and safety chains shall be used during towing operations.
d. Class B Tow Truck Minimum Equipment Specifications:
1) 19,501 pound GVWR chassis.
2) Air brakes or hydraulic w/air hookup package.
3) 14-ton recovery equipment rating.
4) Hydraulic or mechanical winch(es).
5) 150 ft. 7/16” 6 x 10 cable or OEM specifications.
6) Tow chains, 1/2” alloy or OEM specifications.
7) Safety chains, 1/2” alloy or OEM specifications.
8) Tow sling rating 7,000 pounds.
9) Two 8-ton snatch blocks.
10) Wheel lift safety straps or equivalent mechanical device. 11) All required wheel safety straps, or equivalent wheel retention device, tiedown straps, and safety chains shall be used during towing operations. 228
12) Wheel lift or under lift rating - retracted, 10,000 pounds. e. Class B Car Carrier Minimum Equipment Specifications:
1) 19,501 pound GVWR chassis.
2) Hydraulic or mechanical winch.
3) 50 ft. 3/8” 6 19 cable or OEM specifications.
4) J/T hook loading bridle/chains.
5) Safety chains, 5/16” alloy or OEM specifications; four safety chains for each vehicle being transported and two safety chains for the vehicle being towed.
6) All required tie-down straps and safety chains shall be used during towing operations.
f. Class C Tow Truck Minimum Equipment Specifications:
1) 33,000 pound GVWR chassis.
2) Air brakes w/air hookup package and single control compressor. 3) 25-ton recovery equipment rating.
4) Hydraulic or mechanical winch(es).
5) 200 ft. 5/8” 6 x 19 cable or OEM specifications.
6) Tow chains, 5/8” alloy or OEM specifications.
7) Safety chains, 5/8” alloy or OEM specifications.
8) Tow sling rating 12,000 pounds.
9) Two 12-ton snatch blocks.
10) Under lift rating - retracted, 25,000 pounds.
g. Class D Tow Truck Minimum Equipment Specifications:
1) 50,000 pound GVWR chassis.
2) Air brakes w/air hookup package.
3) 30-ton recovery equipment rating.
4) Hydraulic or mechanical winch(es).
5) 250 ft. 3/4” 6 x 19 cable or OEM specifications.
6) Tow chains, 5/8” alloy or OEM specifications.
7) Safety chains, 5/8” alloy or OEM specifications.
8) Tow sling rating 20,000 pounds.
9) Two 12-ton snatch blocks.
10) Under lift rating - retracted, 32,000 pounds.
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III. AUXILIARY EQUIPMENT
a. Required Equipment All Classes:
1) Extension - Brake and tail lamps.
2) Fire Extinguisher (Approved 4-B, C rating or better). 3) Flashlight.
4) Broom.
5) Shovel.
6) Wrecking bar (large pry bar).
7) Reflective triangles.
8) Equivalent of six 30-minute flares.
9) Covered trans can(s) with absorbent.
10) Shop rags and/or paper towels.
11) Shop to truck communications (C/B and cellular phones excluded). b. Service and Other Equipment - (For service calls, each tow truck shall be equipped with the following service equipment):
1) Adequate emergency supply of fuel in an approved container. 2) Booster battery or hot box starting system.
3) Hydraulic jack capable of handling passenger cars and light trucks. 4) Metric and standard lug wrenches.
5) Rubber mallet/hub cap tool.
6) Lockout tools.
7) Motorcycle straps (Class A only).
8) Sledge hammer.
9) Tool kit may include:
a) Assorted open end wrenches; standard 1/4” - 7/8” and Metric, 6- 19 mm.
b) Assorted screwdrivers; Straight blade, Phillips and Torx. c) Crescent wrench.
d) Ball peen hammer.
e) Pliers.
f) Battery and terminal cleaning tools.
g) Mechanic’s wire.
h) Plastic electrical tape/duct tape.
230
i) Tire valve core tool.
j) Miscellaneous fuses.
k) Small pry bar.
l) Socket Sets; 1/4” - I” and 6-19 mm.
m) Ratchet and extensions.
c. Class A Required Equipment:
1) One 3-ton rated snatch block.
2) Towing sling - J/T hook tow chain assembly, a 4” x 4” x 48” and a 4” x 4” x 60” wooden crossbeam, a pair of spacer blocks, a steering wheel clamp, a towing dolly, and safety chains.
3) Wheel lift - Wheel safety straps or equivalent mechanical device, steering wheel clamp, towing dolly, and safety chains.
4) Car carrier - J/T Hook loading bridle, a 4” x 4” x 48” and 4” x 4” x 60” wooden crossbeam, a pair of spacer blocks, and two pairs of safety chains. d. Class B Required Equipment:
1) Towing sling - J/T hook tow chain assembly, a 4” x 4” x 48” and a 4” x 4” x 60” wooden crossbeam, a pair of spacer blocks, a steering wheel clamp, a towing dolly, and safety chains.
2) Wheel lift - Wheel safety straps or equivalent mechanical device, steering wheel clamp, towing dolly, and safety chains.
3) Truck hitch - Tow chain assembly, 4” x 4” x 60” and 6” x 6” x 60” wooden crossbeams (as necessary), aluminum tow angle(s), and safety chains. 4) Under lift - Assortment of lift forks/adapters, safety tie-down chains, and safety chains.
5) Two 8-ton rated snatch blocks.
6) Air hoses and necessary fittings to provide air to the towed vehicle. e. Classes C and D Required Equipment:
1) Towing sling - Tow chain assembly, 4” x 4” x 60” and 6” x 6” x 60” wooden crossbeam, a pair of spacer blocks, a steering wheel clamp, and safety chains.
2) Truck hitch - Tow chain assembly, 4” x 4” x 60” and 6” x 6” x 60” wooden crossbeams (as necessary), aluminum tow angle(s), and safety chains. 3) Under reach - Assortment of lift forks/adapters, safety tie-down chain(s), and safety chains.
4) Steering wheel clamp.
5) Two 12-ton rated snatch blocks.
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6) Air hoses and necessary fittings to provide air to the towed vehicle. 232

EXHIBIT C

RATES FOR TOWING AND STORAGE SERVICES REQUESTED BY THE BANNING

POLICE DEPARTMENT
The following rate structure shall apply for all towing and storage services requested by the City of Banning Police Department (“BPD”) and/or the City of Banning Code Enforcement Department (“BCED”).

Operator’s fees and rates charged to customers towed pursuant to City request must remain within ten percent (10%) of the amounts set forth in this Exhibit C. If rates charged to tow customers pursuant to City request exceed ten percent (10%) of these rates, the City may declare a Default.

With respect to all towing service rates set forth in Sections A and B below (and only Sections A and B), Operator may add-on $138.00 to recover the City’s cost of service as specified in Section 23(a) of this Agreement. The rates below include the $138.00 admin costs:

A. BASE TOWING RATE (Light Duty- Class A)
$211.69 PER HOUR
The base rate per tow shall apply to all towed passenger vehicles and trucks rated at less than 10,000 lbs. gross vehicle weight. This rate also applies to difficult removal work involving the removal of vehicles from deep ditches or flood control channels or burning apart of two entangled vehicles.

B. HEAVY DUTY HOURLY TOWING RATE:

1. TWO (2) AXLE CATEGORY (Medium Duty- Class B):
$248.66 PER HOUR
The two (2) axle category shall apply to all towed vehicles with a rate capacity of 10,000 lbs. gross vehicle weight to, but not including, vehicles with 30,000 lbs. gross vehicle weight.

2. THREE (3) AXLE CATEGORY (Heavy Duty- Class C):
$342.00 PER HOUR
The three (3) axle hourly rate shall apply to all towed vehicles with a rate capacity of 30,000 pounds’ gross vehicle weight or more.

The hourly rate for heavy duty towing (two and three axle) shall commence when the tow truck arrives on the scene and includes difficult removal work involving the removal of vehicles from deep ditches or flood control channels, burning apart two entangled vehicles, up righting overturned vehicles, and the use of special equipment and preparation prior to towing.

3. THREE (3) AXLE CATEGORY (Extra Heavy Duty- Class D):
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$368.00 PER HOUR
The three (3) axle extra heavy duty hourly rate shall apply to all towed vehicles with a rate capacity of 50,000 pounds’ gross vehicle weight or more.

The hourly rate for extra heavy duty towing (three and four axle) shall commence when the tow truck arrives on the scene and includes difficult removal work involving the removal of vehicles from deep ditches or flood control channels, burning apart two entangled vehicles, up righting overturned vehicles, and the use of special equipment and preparation prior to towing.

C. CHARGES FOR RELATED SERVICES:

1. CITY VEHICLE/EVIDENCE TOWS: No Charge/No Towing Program Fee With respect to a BPD/BCED request for a tow of a City-owned vehicle or a vehicle being towed for BPD/BCED’s evidence uses, there shall be no charge for such services at a maximum distance of one hundred (100) miles round-trip, which the distance shall commence at the departure location of the tow truck. Operator shall not be required to pay a Towing Program Fee ($138.00) with respect to these tows.

D. STORAGE: (Per Day)
Class A-Inside Storage $95.00 Per Day
Class B-Inside Storage $125.00 Per Day
Class C-Inside Storage $150.00 Per Day
Class D-Inside Storage $150.00 Per Day
Class A-Outside Storage $90.00 Per Day
Class B-Outside Storage $100.00 Per Day
Class C-Outside Storage $120.00 Per Day
Class D-Outside Storage $120.00 Per Day
The above standard rates apply per vehicle for storage per twenty-four (24) hour period, or any portion thereof. Notwithstanding the foregoing, Operator shall not charge a storage fee to the vehicle owner or the City for the period during which a vehicle is stored by BPD or BCED on City-owned property for the processing of evidence. Operator is only entitled to charge a storage fee for the day(s) that vehicles are stored in Operator’s storage facility.

E. ADDITIONAL CONDITIONS:

1. Above towing charges shall apply regardless of the location from which the tow is made or the location of the storage area or garage where the vehicle is delivered.

Such towing charges shall include any and all clearing and cleanup of the accident site by the tow truck operator, as required by the BPD or BCED in its sole and absolute discretion.

2. There shall be no additional charge for righting an overturned passenger car or light pickup truck, if towing is involved.
234

3. There shall be no additional charge for disconnecting a drive shaft where required for towing.

4. The service of reconnecting the drive shaft, in the event such reconnecting is necessary, shall be performed without additional charge.

F. RATE SCHEDULE:

1. The rates charged by Operator for towing and storage services shall be applicable for the entire term of this Agreement. Should there be a dispute regarding the fees and charges for towing and/or storage of vehicles or other charges, the dispute shall be decided by the Contract Administrator in his or her sole discretion. Such decision by the Contract Administrator shall be final and binding upon Operator; and Operator shall not make any demand upon the owner of the vehicle for a sum in excess of the amount determined by the Contract Administrator.

2. Adjustment to Towing/Storage Rates. Towing and storage rates may be reviewed annually, and adjusted to match the local rates provided in the published report established each year by the CHP. Operator must notify the Contract Administrator in writing of a request for any tow and storage rate increase to match the CHP rates.

The Banning Police Department will verify any rate increases with the CHP. Any disputes will be reconciled through a meeting between the Contract Administrator, and Operator’s duly-authorized representative. If the rate increases are verified and approved, the new rates will take effect on January 1st of that following year.

Operator agrees that the determination of the Contract Administrator concerning tow and storage rates shall be final.

G. COLLECTION OF FEES IMPOSED BY AND ON BEHALF OF THE CITY.

Operator understands and accepts that it is the City’s obligation to collect any fees imposed by, and on behalf of, the City of Banning related to towing, storage, release of vehicles, including but not limited to, vehicles stored/impounded for State violations.

All vehicle impounds, storage, and forfeitures resulting from the City’s enforcement of California Vehicle Code Sections 14602.6, 14602.7, and 14607.6, and any related statutes.

BPD may inspect copies of all lien sale transactions and/or copies of all documents related to these transactions.
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EXHIBIT D

ACKNOWLEDGEMENT TO BE SIGNED BY ALL TOWING EMPLOYEES

1. DRIVER INFORMATION GENERALLY
a. Drivers shall be at least eighteen (18) years old and possess the following minimum class driver license.
1) Class A tow truck - A valid Class C license, or a valid Class A license with valid medical certificate.
2) Class B tow truck - A valid Class C license for non-regulated vehicles, or a valid Class A license with valid medical certificate for regulated vehicles pursuant to California Vehicle Code Section 34500.
3) Class C and D tow trucks - A valid Class A license with valid medical certificate.
b. The Class A license must be endorsed to allow operation of special vehicle configurations and/or special cargoes as described herein. c. All Drivers shall be enrolled in the Employer Pull Notice Program (“EPN”). 1) Upon the addition of new drivers, an Operator will be granted a maximum of thirty (30) days to enroll drivers in the Pull Notice Program. 2) Pull Notices shall be kept on file, signed and dated by Operator. d. Drivers shall wear an identifiable uniform shirt displaying the company and Driver’s names while engaged in BPD or BCED rotation tow operations. They will not wear any hat, head covering, or garment that displays any logo other than the logo of Operator.
e. Drivers shall wear a safety vest or reflectorized clothing, meeting Occupational Safety and Health Administration (OSHA) requirements.
f. Employees shall refrain from any act(s) of misconduct, including, but not limited to, any of the following:
1) Rude or discourteous behavior.
2) Lack of service, selective service, or refusal to provide service which employee is or should be capable of performing.
3) Any act of sexual harassment or sexual impropriety.
4) Unsafe driving.
5) Exhibiting any objective symptoms of alcohol and/or drug use. 6) Appearing at the scene of a BPD or BCED call with the odor of an alcoholic beverage emitting from his or her breath. Drivers shall submit to a preliminary alcohol screening test upon demand of the BPD. 236
7) Use of radios or other music equipment or telephone ringers at levels that are excessively loud or cause disturbance to neighbors, as determined in the BPD’s or BCED’s sole and absolute discretion.
8) Animals on premises, except watchdogs. However, watchdogs shall be maintained within Operator’s premises by a fence that is adequate to contain the dog within the premises. The BPD or BCED may require Operator to remove the dog from the premises if, in the BPD’s or BCED’s sole and absolute discretion, the dog barks excessively.
9) In the event of a misdemeanor traffic violation(s) by Driver(s) which is/are known by the BPD, the BPD shall advise Operator of the violation(s) Operator will be granted the opportunity to take necessary steps to ensure that such Driver(s) drive(s) in compliance with law. Any subsequent traffic violation(s) by Operator and/or the involved employee may be cause for appropriate disciplinary action against Operator and/or the involved employee(s).
10) Any traffic violation(s) involving a felony may be cause for immediate disciplinary action against Driver.
g. Any arrest, charge, or conviction of Operator, its employee(s), officer(s), or agent(s) involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a drug related offense, felony 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 BPD and/or BCED tow call, or moral turpitude shall be cause for suspension of Operator, it’s employee(s), officer(s), or agent(s), or immediate termination this Agreement. h. All surfaces of any Operator storage facility shall be in good repair without broken parts, holes, potholes, or litter and in such a condition that ensures that no damage to vehicles will result. Employees shall prevent contamination of soil with gasoline, oil, grease, or any other contaminating substance as specified by federal, state, and local laws.
i. The BPD or BCED will complete a detailed written inventory of all personal property in any vehicle which is towed and stored or towed and impounded by Operator at their request, and the responding Driver shall complete the appropriate section on the BPD’s or BCED’s form and shall sign said form. A copy of said signed form shall be given to the responding Driver and shall be retained by Operator.
j. Under no circumstances may a vehicle and/or personal property located in a vehicle be released by Operator to the vehicle owner or his or her designated representative without the express written permission from the BPD and/or the BCE.

2. RATES AND TIME CHARGED FOR BPD/BCED CALLS
a. Rates charged to vehicle owners for calls originating from the City shall not exceed ten percent (10%) of the maximum rate amounts for towing and impounds chargeable to vehicle owners as determined by the California Highway Patrol (“CHP”) for the Banning region. The CHP-approved rates are those contained in 237
Exhibit C to this Agreement. If the CHP authorizes or amends new maximum rates for towing services, then the Parties may, without further City Council authorization, amend or replace Exhibit C to be consistent with the CHP’s rate structure. The City shall not unreasonably deny or withhold its approval of any amendment to Exhibit C so long as they are consistent with CHP-approved rates.
b. Regardless of the class of tow truck utilized or responding to the call, charges shall not be more than for the class of vehicle towed or serviced, except when an operation involving the process of up righting an overturned vehicle or returning a vehicle to a normal position on the roadway that required the use of auxiliary equipment due to the size or location of the vehicle occurs (“Vehicle Recovery Operations”), thereby requiring a larger class of tow truck. This will normally be limited to operations requiring a Class B, C, or D tow truck(s). c. The rate of towing shall be computed beginning from the time of departure from the place of business or point of dispatch whichever is closer to the location of the call, and shall end at the estimated time of return to the place of business or the completion of the call, if another call is pending, whichever is shorter. Return to place of business includes a reasonable and verifiable amount of time required to place the tow truck back into service when unusual circumstances require additional time that is not part of normal operating procedures. (Examples: (i) 4x4 recovery in the mud; reasonable to charge for cleaning mud from truck and equipment; (ii) burned car on car carrier: reasonable to charge for cleaning burn debris from carrier bed; (iii) car towed from side of road on misty night and leaves mud track on bed of carrier: not reasonable to charge for cleaning of carrier bed.) (“Portal to Portal”).) Time expended shall be charged at a rate not to exceed the authorized hourly rate.

Time expended in excess of the minimums shall also be at the hourly rate in no more than one (1) minute increments. There shall be no additional charges, including, without limitation, mileage or labor charges. 1) Operator may charge the registered vehicle owner up to a thirty (30) minute minimum per call for 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 a BPD officer or BCED officer (“Base Service”). 2) Operator may charge the registered vehicle owner up to a one-(1)-hour minimum per call on public safety response calls, which means a response that results in the storage of a vehicle at the direction of a BPD officer or a BCED officer and does not include storage at the request of the vehicle operator, registered owner, or agent.
3) Operator shall base towing charges upon the class of vehicle being towed regardless of the class of truck used, except when vehicle recovery operations require a larger class truck.

3. RESPONSE TIME
a. Responsive Service. Drivers shall respond to the BPD and BCED calls twenty-four (24) hours per day, seven (7) days per week, within the maximum response time established by this Agreement. “Response time” shall mean the period of time from Operator’s notification by the BPD or BCED dispatch of a call to the arrival of the 238
tow truck at the location requested. When Operator will be temporarily unavailable to provide services due to a preplanned or scheduled activity (e.g., vacations, maintenance, medical leave), Operator’s representative shall notify the BPD and BCED at least twenty-four (24) hours prior to the date that services will be unavailable, noting the times and dates of the unavailability. Operator shall respond with a tow truck of the class required to tow the vehicle specified by the BPD and/or BCED. If, after accepting the call, Operator is unable to respond or will be delayed in responding, Operator shall immediately notify the BPD and/or BCED dispatch.

In such case, the BPD and/or BCED shall have the right to use an alternative tow operator holding a towing franchise to provide the services for such call. Operator shall not assign any calls to other tow operators.
1) Response Times: Employees shall respond to BPD and BCED calls for critical tow circumstances (e.g., traffic collisions, impounds, hazards, road blockages) within twenty (20) minutes.
a) Response Time. Operator’s response to calls from the BPD and BCED for towing service shall not exceed twenty (20) minutes from the time Operator received the request from the BPD or BCED to the time the tow vehicle arrives at the location from which the tow is to be made.
b) Three Axle Tow Truck. The maximum response time
notwithstanding, when a three axle tow truck is required and Operator subcontracts for use of three (3) axle tow truck, Operator’s shall not exceed thirty (30) minutes.
c) If Operator has not arrived on the scene within the twenty-minute maximum time, the BPD or BCED may request a tow vehicle from another tow operator specified on the rotation list, and Operator may not take the tow. A failure to respond and perform required towing or service and/or repeated failure(s) to meet the maximum response time requirements shall constitute failure to comply with the terms and conditions of this Agreement. The Contract Administrator may, in his or her sole and absolute discretion, take immediate disciplinary action for and flagrant violation of the requirement to respond within the maximum response time.
d) Upon receiving requests for tow service by the BPD or BCED, Operator shall record the time such requests are made and the time at which a tow vehicle is dispatched and maintain such record for at least six (6) months.
b. In responding to a BPD or BCED call, the Driver shall perform the towing or service required for which Operator was called. This requirement may be waived by the BPD or BCED Officer-in-Charge, if the requested equipment is inadequate for the service to be performed; provided, however, if Operator supplies the wrong equipment, the BPD and/or BCED shall have the automatic and immediate right to use an alternative tow operator holding a towing franchise with the City to provide the services for such call.
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c. Drivers shall not respond to a BPD or BCED call assigned to another tow truck operator unless requested to do so by the BPD or BCED. If a tow truck operator assigned to the initial BPD or BCED call requires the assistance of an additional operator at the scene, the tow truck operator assigned to the initial call may, subject to the prior approval of the BPD or BCED Officer-in-Charge, request the assistance of Operator. If Operator, who was not called to a scene, comes upon a collision scene where a vehicle or vehicles are blocking a roadway and a BPD or BCED Officer-in-Charge requests its assistance in clearing the roadway, Operator may be requested to move the vehicle to a safe location, as directed by the officer, and leave the vehicle.
d. Only the actual number and type of tow truck personnel and equipment requested by the BPD or BCED from Operator shall respond to a BPD or BCED call.

Additional tow truck personnel and equipment shall be pre-approved by the BPD or BCED Officer-in-Charge. This shall not preclude the Driver from responding to an incident to ascertain if additional assistance or equipment is required. There shall be no additional charge by Operator for any personnel or equipment that is not necessary to perform the required service.

4. GENERAL EQUIPMENT SPECIFICATIONS AND USE EQUIPMENT
a. Tow Truck and Car Carrier Classifications: Tow truck and car carrier classifications are based on the truck chassis GVWR, and the classification system used by the American Trucking Association (ATA) and truck manufacturers.

ATA and Manufacturers Classification CHP Classification Class 3 - 10,000-14,000 lbs. GVWR (Class A Tow Trucks)
Class 4 - 14,001-16,000 lbs. GVWR (Class A Tow Trucks)
Class 5 - 16,001-19,500 lbs. GVWR (Class A Tow Trucks)
Class 6 - 19,501-26,000 lbs. GVWR (Class B Tow Trucks)
Class 7 - 26,001-33,000 lbs. GVWR (Class B Tow Trucks)
Class 8 - 33,001-or more GVWR (Class B Tow Trucks)
b. Equipment Limitations. All towing equipment, recovery equipment, and carrier ratings are based on structural factors only. Actual towing, carrying, and recovery capacity may be limited by the capacity of the chassis and the optional equipment selected.
c. Towing Limitations.
1) The total weight of the truck, including the lifted load, shall fall within the GVWR and not exceed either the front axle weight ratings (FAWR) or rear axle weight ratings (RAWR).
2) The truck must meet all applicable state and/or federal standards. 3) The front axle load must be at least fifty percent (50%) of its normal or unladen weight after the load is lifted.
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d. Identification Labels. Each piece of towing equipment shall have a label or identification tag permanently affixed to the equipment in a prominent location to identify the manufacturer, serial number, model, and rated capacity. e. Recovery Equipment Rating. The basic performance rating of the recovery equipment is the weight the equipment can lift in a winching mode, when the boom is static at a 30-degree elevation with the load lines vertical and the lifting cables sharing the load equally, measured with a live load (weight or load cell). 1) The structural design of the recovery equipment must have a higher load capacity than the performance rating(s).
2) Winches shall conform to or exceed the specifications set forth by the Society of Automotive Engineers (SAE) Handbook, SAE 1706. 3) All ratings for cable and chain assemblies are for the undamaged assembly condition. All cable and chain assemblies should be the same type, construction, and rating as specified by the original equipment manufacturer (OEM) for the equipment.
f. Safety Chains. Safety chains shall be rated at no less than the rating specified by the OEM.
1) Two safety chains shall be used for vehicles being towed. The safety chains shall be securely affixed to the truck bed frame or wrecker boom, independent of the towing sling, bar or hitch, wheel lift, or under-lift towing equipment. The towed vehicle shall be secured to the towing equipment independent of the safety chains by either two chains or two straps. 2) Vehicles being transported on slide back earners shall be secured by four tie-down chains or straps independent of the winch or loading cable. 3) All safety connections and attachments shall have a positive means of sufficient strength, to ensure that the safety connection or attachment cannot become disengaged while m transit.
g. Control/Safety Labels. All controls shall be clearly marked to indicate proper operations, as well as any special warnings or cautions h. Signs. All tow trucks shall display signs on both sides containing Operator’s company name, business address, and telephone number. The signs shall be permanently affixed and in compliance with the requirements of Section 27907 of the California Vehicle Code.
i. Wire Rope (Cable). Wire rope shall be maintained in good condition. Only wire rope with swaged ends, wedge locks, or braided ends, with metal sleeves in the loops, shall be approved for use as approved by the CHP. Wire rope is not in good condition when it is stranded, knotted, crushed, excessively rusty, kinked, badly worn, when there are twelve (12) or more wires broken in lay length, or where there is other visible evidence of loss of strength.

5. TOW TRUCK CLASSIFICATIONS AND EQUIPMENT SPECIFICATIONS a. Class A Tow Truck Minimum Equipment Specifications:
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1) 10,000 pound GVWR chassis.
2) 4-ton recovery equipment rating.
3) Hydraulic or mechanical winch(es).
4) 100 ft. 3/8” x 19 cable or original equipment manufacturers (OEM) specifications.
5) Tow chains, 5/16” alloy or OEM specifications, J/T hook assembly. 6) Safety chains, 5/16” alloy or OEM specifications.
7) Tow sling rating 3,000 pounds, when equipped.
8) Wheel lift safety straps or equivalent mechanical device. 9) All required wheel safety straps, or equivalent wheel retention device, tiedown straps, and safety chains shall be used during towing operations. 10) Tow dolly.
11) One 3-ton snatch block.
12) Wheel lift rating - retracted 3,000 pounds.
b. Class A Car Carrier - One Car Minimum Equipment Specifications 1) 10,000 pound GVWR chassis.
2) Hydraulic or mechanical winch.
3) 50 ft. 3/8” 6 x 19 cable or OEM specifications.
4) J/T hook loading bridle/chains.
5) Safety chains, 5/16” alloy or OEM specifications; four safety chains for the vehicle being transported.
6) All required tie-down straps and safety chains shall be used as required during towing operations.
c. Class A Car Carrier - Two Cars Minimum Equipment Specifications 1) 16,001 pound GVWR chassis.
2) Hydraulic or mechanical winch.
3) 50 ft. 3/8” 6 x 19 cable or OEM specifications.
4) J/T hook loading bridle/chains.
5) Safety chains 5/16” alloy or OEM specifications; four safety chains for the vehicle being transported and two safety chains for the vehicle being towed. 6) All required tie-down straps and safety chains shall be used during towing operations.
d. Class B Tow Truck Minimum Equipment Specifications
1) 19,501 pound GVWR chassis.
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2) Air brakes or hydraulic w/air hookup package.
3) 14-ton recovery equipment rating.
4) Hydraulic or mechanical winch(es).
5) 150 ft. 7/16” 6 x 10 cable or OEM specifications.
6) Tow chains, 1/2” alloy or OEM specifications.
7) Safety chains, 1/2” alloy or OEM specifications.
8) Tow sling rating 7,000 pounds.
9) Two 8-ton snatch blocks.
10) Wheel lift safety straps or equivalent mechanical device. 11) All required wheel safety straps, or equivalent wheel retention device, tiedown straps, and safety chains shall be used during towing operations. 12) Wheel lift or under lift rating - retracted, 10,000 pounds. e. Class B Car Carrier Minimum Equipment Specifications 1) 19,501 pound GVWR chassis
2) Hydraulic or mechanical winch.
3) 50 ft. 3/8” 6 19 cable or OEM specifications.
4) J/T hook loading bridle/chains.
5) Safety chains, 5/16” alloy or OEM specifications; four safety chains for each vehicle being transported and two safety chains for the vehicle being towed.
6) All required tie-down straps and safety champs shall be used during towing operations.
f. Class C Tow Truck Minimum Equipment Specifications
1) 33,000 pound GVWR chassis.
2) Air brakes w/air hookup package and single control compressor. 3) 25-ton recovery equipment rating.
4) Hydraulic or mechanical winch(es).
5) 200 ft. 5/8” 6 x 19 cable or OEM specifications.
6) Tow chains, 5/8” alloy or OEM specifications.
7) Safety chains, 5/8” alloy or OEM specifications
8) Tow sling rating 12,000 pounds.
9) Two 12-ton snatch blocks.
10) Under lift rating - retracted, 25,000 pounds.
g. Class D Tow Truck Minimum Equipment Specifications
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1) 50,000 pound GVWR chassis.
2) Air brakes w/air hookup package.
3) 30-ton recovery equipment rating.
4) Hydraulic or mechanical winch(es).
5) 250 ft. 3/4” 6 x 19 cable or OEM specifications.
6) Tow chains, 5/8” alloy or OEM specifications.
7) Safety chains, 5/8” alloy or OEM specifications.
8) Tow sling rating 20,000 pounds.
9) Two 12-ton snatch blocks.
10) Under lift rating - retracted, 32,000 pounds.

6. AUXILIARY EQUIPMENT
a. Required Equipment All Classes
1) Extension - Brake and tail lamps.
2) Fire Extinguisher (Approved 4-B, C rating or better). 3) Flashlight.
4) Broom.
5) Shovel.
6) Wrecking bar (large pry bar).
7) Reflective triangles.
8) Equivalent of six 30-minute flares.
9) Covered trans can(s) with absorbent
10) Shop rags and/or paper towels.
11) Shop to truck communications (C/B and cellular phones excluded). b. Service and Other Equipment - (For service calls, each tow truck shall be equipped with the following service equipment):
1) Adequate emergency supply of fuel in an approved container. 2) Booster battery or hot box starting system.
3) Hydraulic jack capable of handling passenger cars and light trucks. 4) Metric and standard lug wrenches.
5) Rubber mallet/hub cap tool.
6) Lockout tools.
7) Motorcycle straps (Class A only).
8) Sledge hammer.
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9) Tool kit may include:
a) Assorted open end wrenches; standard 1/4” - 7/8” and Metric, 6- 19 mm.
b) Assorted screwdrivers; Straight blade, Phillips and Tone c) Crescent wrench.
d) Ball peen hammer.
e) Pliers.
f) Battery and terminal cleaning tools.
g) Mechanic’s wire.
h) Plastic electrical tape/duct tape.
i) Tire valve core tool.
j) Miscellaneous fuses.
k) Small pry bar.
l) Socket Sets; 1/4” - 1” and 6-19 mm.
m) Ratchet and extensions.
c. Class A Required Equipment
1) One 3-ton rated snatch block.
2) Towing sling - J/T hook tow chain assembly, a 4” x 4” x 48” and a 4” x 4” x 60” wooden crossbeam, a pair of spacer blocks, a steering wheel clamp, a towing dolly, and safety chains.
3) Wheel lift - Wheel safety straps or equivalent mechanical device, steering wheel clamp, towing dolly, and safety chains.
4) Car carrier - J/T Hook loading bridle, a 4” x 4” x 48” and 4” x 4” x 60” wooden crossbeam, a pair of spacer blocks, and two pairs of safety chains. d. Class B Required Equipment
1) Towing sling - J/T hook tow chain assembly, a 4” x 4” x 48” and a 4” x 4” x 60” wooden crossbeam, a pair of spacer blocks, a steering wheel clamp, a towing dolly, and safety chains.
2) Wheel lift - Wheel safety straps or equivalent mechanical device, steering wheel clamp, towing dolly, and safety chains.
3) Truck hitch - Tow chain assembly, 4” x 4” x 60” and 6” x 6” x 60” wooden crossbeams (as necessary), aluminum tow angle(s), and safety chains. 4) Under lift - Assortment of lift forks/adapters, safety tie-down chains, and safety chains.
5) Two 8-ton rated snatch blocks.
6) Air hoses and necessary fittings to provide air to the towed vehicle. 245
e. Classes C and D Required Equipment
1) Towing sling - Tow chain assembly, 4” x 4” x 60” and 6” x 6” x 60” wooden crossbeam, a pair of spacer blocks, a steering wheel clamp, and safety chains.
2) Truck hitch - Tow chain assembly, 4” x 4” x 60” and 6” x 6” x 60” wooden crossbeams (as necessary), aluminum tow angle(s), and safety chains. 3) Under reach - Assortment of lift forks/adapters, safety tie-down chain(s), and safety chains.
4) Steering wheel clamp.
5) Two 12-ton rated snatch blocks.
6) Air hoses and necessary fittings to provide air to the towed vehicle. 246
TOWING & STORAGE SERVICES AGREEMENT (C01045)
BETWEEN THE CITY OF BANNING AND STAGECOACH TOWING, INC.

THIS TOWING & STORAGE SERVICES AGREEMENT (“Agreement”) is made and entered into this day: ____________ (“Effective Date”), by and between the CITY OF BANNING, a municipal corporation (“City”) and STAGECOACH TOWING INC., a California corporation (“Operator”). The City and Operator are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.

RECITALS
A. The City and Operator wish to enter into this Agreement for Operator to provide non-exclusive towing and storage of vehicles as requested by the City of Banning Police Department (“BPD”) and the City of Banning Code Enforcement Department (“BCED”) on a rotational basis. As used herein, the BPD and BCED are subsumed under the title of “City.” B. The City has the authority under California Vehicle Code Section 21100 and federal law to regulate tow franchises with a principal place of business or employment in the City, and to charge a reasonable fee to reimburse the City for the actual and reasonable costs incurred in connection with such towing programs.

C. The Parties desire to renew Operator’s non-exclusive towing program privileges to be included on the City’s rotational towing list to provide towing services for BPD and BCED.

NOW, THEREFORE, in consideration of the foregoing recitals and the covenants, promises, and undertakings hereafter contained, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. TERM.

A. The initial term of this Agreement shall be for a total period of two (2) years commencing on the Effective Date and ending on June 30, 2026 with an option to extend for three (3) one-year renewals unless sooner terminated or extended in accordance with the terms of this Agreement.

B. Upon the expiration of the initial term, the City, in its sole and absolute discretion, may extend the terms of this Agreement no more than two (2) times for one (1) year each time. At the expiration of the term of this Agreement or an extended term, the City shall initiate an open bidding process by advertising a request for proposals for the award of new, nonexclusive towing service provider(s). The bidding process shall be performed pursuant to the City’s standard bidding procedures, with the City only awarding so many towing and storage services contracts for so long as needed by the City at the time. The City’s towing needs shall be determined by the City in its sole discretion. Nothing herein shall limit Operator from the bidding process, excepting that Operator’s default of, or poor performance under, this Agreement may be a basis for the City to not award a further agreement to Operator. 247

2. ROTATION TOW SERVICES.

A. The City and Operator agree that Operator shall be added to the tow service rotation and may be called upon by the BPD and BCED to provide tow services pursuant to terms of this Agreement.

B. A call to Operator shall constitute one turn on the list and Operator shall be moved to the bottom of the list. Each call for service will be considered one turn on the rotation, regardless of the number of vehicles towed from the scene. If Operator fails to respond to a telephone call for service from the BPD or BCED for any reason, the BPD or BCED shall have the immediate and automatic right to contact an alternative tow truck operator holding a towing and storage services agreement with the City. A telephone call to Operator is deemed to occur where: (i) a City employee telephones Operator at the phone number 951-849-2346, and (ii) Operator responds to the call, or (iii) Operator fails to answer the phone, is unable to respond, is unable to perform the required towing service, refuses to respond or provide services, or is canceled due to excessive response time.

C. If it is determined that Operator is not needed and the request for service is canceled by the BPD or BCED in their sole and absolute discretion, up to and including arrival at the scene, Operator shall not be entitled to charge for the request, as follows:
1) If Operator is canceled by the vehicle’s owner or agent prior to Operator taking possession of the vehicle as “possession” is defined in Section 3068.1 of the California Civil Code (when the vehicle is removed and is in transit, or when Vehicle Recovery Operations or load salvage operations have begun), Operator shall not charge for towing. Operator shall immediately contact the BPD or BCED and advise it of the cancellation. Operator shall then be placed back at the top of the list.

D. If any additional service (e.g., a private person tow), other than towing and recovery, commences and is canceled by the vehicle’s owner or agent, Operator may charge onehalf of the regular hourly service charge for the time expended on the call. For purposes of “cancellation,” service begins when physically securing the vehicle has begun, not the response.

No lien shall arise for the service unless Operator has presented a written statement to the vehicle’s owner or agent for the signed authorization of services to be performed.

E. The Parties agree that the terms used in this Agreement are used as defined in Exhibit A unless otherwise defined.

F. Nothing in this Agreementshall prohibit the City of Banning Chief of Police (“Chief of Police”), or his or her designee, (collectively, the “Contract Administrator”) from requesting a specific tow company when, in his or her opinion, the necessary resources to clear a hazard as expeditiously as possible are not available from the tow company currently at the top of the rotation tow list. In such an instance, the tow company selected would be the next tow company on the list that has the qualifications (equipment, skills, timeliness, etc.) to provide the required service. After the request, the selected company would then go to the bottom of the rotation tow.

Tow companies on the same list that were bypassed would remain in the same order until their selection for a rotation tow for which they are qualified. 248
G. Nothing shall prohibit a Class B, C, or D tow company from maintaining a place on a lighter class rotation tow list, provided the tow truck meets the equipment specifications for that class of operation.

H. Regardless of the class of tow truck utilized or responding to the call, charges shall not be more than for the class of vehicle towed or serviced, except where Vehicle Recovery Operations require a larger class of tow truck.

I. Operator warrants and represents that it is a Class A, B, and C operator, as defined in Exhibit B of this Agreement, and that its tow trucks meet the equipment specifications for that class of operation as set forth in Exhibit B.

J. It shall be Operator’s responsibility to tow and store vehicles as requested by the BPD or BCED, including, but not limited to:
1) Vehicles impounded for evidence or taken into custody by the BPD or BCED;
2) Vehicles involved in accidents or disabled for other causes (when alternative towing is either not appropriate or not requested by the owner or operator of the vehicle);
3) Abandoned vehicles, including those towed in connection with the City’s abandoned vehicle abatement program; and
4) Vehicles that are within the jurisdiction of the BPD or BCED, including City-owned vehicles up to one hundred (100) miles round-trip beginning at the departure location of the tow truck.

K. Operator shall further be responsible for the removal of debris resulting from accidents and the necessary work preliminary to towing, such as removal of vehicles from ditches, righting the vehicles, separating entangled vehicles, disconnecting drive shafts, and other such work as shall be required in connection with the towing operations. Operator shall not leave any tow site without cleaning the location sufficient to restore normal traffic patterns, except upon the written approval of the BPD or BCED member present at the incident site (“BPD or BCED Officer-in-Charge”).

L. Operator shall perform all necessary work preliminary to towing vehicles, such as removing vehicles from ditches, righting vehicles, separating entangled vehicles, disconnecting drive shafts, and other such work as shall be required to enable the towing of the vehicles.

M. This Section does not cover tows at the request of the public in either emergency or non-emergency situations.

N. Operator shall not attempt to take possession of any vehicle in order to establish a lien for any non-towing services performed, or begun and subsequently canceled, when not entitled to such lien as provided by California Civil Code Section 3068.1. 249
O. The Contract Administrator may establish a policy that allows Operator to dispatch more than one tow truck to a multi-vehicle collision scene in response to a tow call.

P. The BPD or BCED Officer-in-Charge may direct an Operator to move vehicles to help clear a roadway or for lifesaving operations. Operator shall provide the assistance as directed, at a maximum charge, as set forth in Exhibit C.

Q. Operator shall maintain a business office and storage facility located within the established boundaries of the City and must be licensed in accordance with the Banning Municipal Code, Chapter 5.04, entitled “Licenses Generally,” as may be amended from time to time, and must comply with all other federal, state and local laws, ordinances and regulations.

R. Operator warrants and represents that it has a minimum of five (5) years verifiable for-hire towing experience, or equivalent experience in providing emergency service in a dispatched twenty-four (24) hours a day, seven (7) days a week, emergency response service, as an owner or principal. Upon request by the City, Operator shall provide the City with written verification and evidence certifying ownership of a company performing for-hire towing experience.

S. Operator shall retain an adequate number of trained and properly licensed personnel assigned to successfully perform the Operator’s duties and responsibilities under this Agreement. Nothing in this Agreement shall preclude Operator from conducting a lien sale pursuant to California Vehicle Code Section 22851.1.

3. TOW TRUCK CLASSIFICATIONS.

A. There will be four classes of tow trucks covered under this Agreement.

Operator shall maintain a minimum of three (3) tow trucks, and shall have at least one of each Class A, Class B, and Class C tow trucks as described below. Operator shall have the right to subcontract with another tow truck operator for use of a Class D tow truck or other truck that meets the requirements set forth below in performing the services herein. In no case shall any tow truck be rated less than one-ton capacity. The equipment specifications for each Class of tow truck are listed in Exhibit B.

B. Operator shall equip, repair and maintain all tow trucks covered in accordance with the provisions set forth in the California Vehicle Code, Title 13 of the California Code of Regulations, including, without limitation, Exhibit B, and consistent with industry standards and practices.

C. Notwithstanding California Vehicle Code Section 615, all tow trucks used by Operator shall have recovery capabilities, wheel lift capabilities, and a boom meeting the specifications contained in this Agreement. For the purpose of this Agreement, “a trailer for hire that is being used to transport a vehicle” shall not qualify as a primary tow truck for use. At the discretion of the Contract Administrator, an Operator who has a car carrier may be exempted from the recovery, wheel lift, and boom capability requirements. However, the car carrier must be an additional unit.
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D. A violation of the Gross Vehicle Weight Rating (“GVWR”) and safe loading requirements of a tow truck shall be deemed a major violation and cause for immediate suspension of this Agreement. This includes exceeding the tow truck’s GVWR, front axle weight rating, rear axle weight rating, maximum tire weight ratings, or not maintaining fifty percent (50%) of the tow truck’s unladen weight on the front axle when lifting/carrying a load.

E. To properly and safely tow and service the wide variety of vehicles being operated on the roads and highways within the City, a towing procedure may require the use of auxiliary equipment specifically designed for a specialized purpose. This auxiliary equipment should be used when appropriate. A listing of service and auxiliary equipment for each classification can be found in Exhibit B.

F. Operator must maintain an operable tow motor for moving vehicles in areas where towed vehicles are stored at Operator’s premises.

G. Operator must maintain an inspection lift with a minimum 9,000-pound lift capacity.

4. TOW TRUCK DRIVERS.

A. Operator shall ensure that all employees, including tow truck drivers (“Drivers”) and/or independent contractors responding to calls initiated by the BPD or BCED, having contact or access with vehicles towed, or having contact or access to administrative records, are qualified and competent employees of Operator. Operator shall ensure that Drivers are trained and proficient in the use of the tow trucks and related equipment, including, but not limited to, the procedures necessary for the safe towing and recovery of the various types of vehicles providing services. Drivers shall perform all towing and recovery operations in the safest and most expedient manner possible. Operator shall ensure Drivers responding to a call initiated by the BPD or BCED have one of the following:
1) A minimum of five (5) years or more of tow truck driver experience verified in writing by Operator and the Driver; or
2) The Driver has completed a tow truck driver training program within the last five (5) years verified in writing by Operator and the Driver.

B. Drivers shall be at least eighteen (18) years old and possess the following minimum class driver license.
1) Class A tow truck - A valid Class C license, or a valid Class A license with valid medical certificate.
2) Class B tow truck - A valid Class C license for non-regulated vehicles, or a valid Class A license with valid medical certificate for regulated vehicles pursuant to California Vehicle Code Section 34500.
3) Class C and D tow trucks - A valid Class A license with valid medical certificate.
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C. The Class A license must be endorsed to allow operation of special vehicle configurations and/or special cargoes as described in Exhibit B of this Agreement.

D. Operator shall maintain a current list of Drivers.
1) Operator shall provide a current list of its Drivers and employees available for inspection by the BPD and BCED. Operator shall update the list upon any change in Driver status, including the addition of any new Driver(s), the deletion of any Driver(s), and revocation or suspension of a driver’s license. Operator shall notify the BPD and BCED upon any such change in Driver status or employee status.
2) Operator shall, at a minimum, maintain the following information for each Driver and employee:
a) Full name.
b) Date of Birth.
c) California driver’s license number and expiration date. d) Copy of valid medical certificate (if required).
e) Job title/description.
f) Current home address.
g) Current home phone number.
h) Type(s) of truck(s) Driver has been trained and instructed to operate.
i) Certificate showing Driver is trained and certified with California Tow Truck Association (CTTA), Towing & Recovery Association of America (TRAA), or Wreckmaster (private).

E. All Drivers shall be enrolled in the Employer Pull Notice Program (“EPN”). 1) Upon the addition of new Drivers, Operator will be granted a maximum of thirty (30) calendar days to enroll Drivers in the EPN. 2) Pull Notices shall be kept on file, signed and dated by Operator.

F. Drivers shall wear an identifiable uniform shirt displaying Operator’s and Drivers’ names while engaged in BPD or BCED rotation tow operations. They will not wear any hat, head covering, or garment that displays any logo other than Operator’s logo.

G. Drivers shall wear a safety vest or reflectorized clothing, meeting Occupational Safety and Health Administration requirements. 252

5. DEMEANOR AND CONDUCT.

A. While involved in the Banning rotation tow operations, Operator and/or its employees shall refrain from any act(s) of misconduct, including, but not limited to, any of the following:
1) Rude or discourteous behavior.
2) Lack of service, selective service, or refusal to provide service which Operator is, or should be, capable of performing. 3) Any act of sexual harassment or sexual impropriety.
4) Unsafe driving.
5) Exhibiting any objective symptoms of alcohol and/or drug use. 6) Appearing at the scene of a BPD or BCED call with the odor of an alcoholic beverage emitting from his or her breath. Operator/Driver shall submit to a preliminary alcohol screening test upon demand of the BPD.
7) Use of radios or other music equipment or telephone ringers at levels that are excessively loud or cause disturbance to neighbors, as determined in the BPD’s or BCED’s sole and absolute discretion.
8) Animals on premises, except watchdogs. However, watchdogs shall be maintained within Operator’s premises by a fence that is adequate to contain the dogs within the premises. The BPD or BCED may require Operator to remove the dog(s) from the premises if, in the BPD’s or BCED’s sole and absolute discretion, a dog barks excessively.

B. All BPD-related and BCED-related tow service complaints received by the BPD or BCED against Operator, its employees, or agents will be accepted and investigated in a fair and impartial manner. As a result of the investigation, the BPD or BCED may suspend this Agreement. In any event, Operator will be notified of the results of any investigation.

C. Operator shall agree to the review of each of Operator’s employees and execute the disclosure and acknowledgment attached hereto at Exhibit D. Operator shall retain all employee-executed copies of Exhibit D and provide the same to the City upon request.

D. Operator shall post a notice in a conspicuous place at Operator’s place of business of a size that is at least 8 1/2” x 11” informing the public of the right to make complaints regarding service provided by Operator within the City, and shall include the name and location where complaints can be made to the City. Operator shall notify the BPD, in writing, within seventy-two (72) hours of any complaints made to Operator regarding the performance of service in connection with towing or storage, or concerning rates, charges of fees, or any claims, or any legal actions filed, delivered, or served upon, or instituted against, Operator or any of its agents, officers, or employees.
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6. RATES CHARGEABLE TO VEHICLE OWNERS.

A. Any and all proposed adjustments in fees, rates, and service charges must be approved by the City of Banning City Council.

B. Rates charged to vehicle owners for calls originating from the City shall not exceed ten percent (10%) of the maximum rate amounts for towing and impounds chargeable to vehicle owners as determined by the California Highway Patrol (“CHP”) for the Banning region.

The CHP-approved rates are those contained in Exhibit C, attached hereto and incorporated herein by reference. If the CHP authorizes or amends new maximum rates for towing services, then the Parties may, without further City Council authorization, amend or replace Exhibit C to be consistent with the CHP’s rate structure. The City shall not unreasonably deny or withhold its approval of any amendment to Exhibit C so long as they are consistent with CHP-approved rates.

C. Regardless of the class of tow truck utilized or responding to the call, charges shall not be more than for the class of vehicle towed or serviced, except when an operation involving the process of up righting an overturned vehicle or returning a vehicle to a normal position on the roadway that required the use of auxiliary equipment due to the size or location of the vehicle occurs (“Vehicle Recovery Operations”), thereby requiring a larger class of tow truck.

This will normally be limited to operations requiring a Class B, C, or D tow truck(s).

D. The rate of towing shall be computed beginning from the time of departure from the place of business or point of dispatch, whichever is closer to the location of the call, and shall end at the estimated time of return to the place of business or the completion of the call, if another call is pending, whichever is shorter. Return to place of business includes a reasonable and verifiable amount of time required to place the tow truck back into service when unusual circumstances require additional time that is not part of normal operating procedures. (Examples:
(i) 4x4 recovery in the mud; reasonable to charge for cleaning mud from truck and equipment; (ii) burned car on car carrier: reasonable to charge for cleaning burn debris from carrier bed; (iii) car towed from side of road on misty night and leaves mud track on bed of carrier: not reasonable to charge for cleaning of carrier bed.) Time expended shall be charged at a rate not to exceed the authorized hourly rate. Time expended in excess of the minimums shall also be at the hourly rate in no more than one (1) minute increments. There shall be no additional charges, including, without limitation, mileage or labor charges.
1) Operator may charge the registered vehicle owner up to a 30-minute minimum per call for any service or tow that is performed when the vehicle operator or agent is present and the vehicle is not stored at the direction of the BPD officer or BCED Officer-in-Charge. 2) Operator may charge the registered vehicle owner up to a one-hour minimum per call on public safety response calls, which means a response that results in the storage of a vehicle at the direction of the BPD or BCED Officer-in-Charge and does not include storage at the request of the vehicle operator, registered owner, or agent. 3) Operator shall base towing charges upon the class of vehicle being towed regardless of the class of truck used, except when Vehicle Recovery Operations require a larger class truck.
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7. COLLUSION.

A. An Operator and/or proposer shall not conspire, attempt to conspire, or commit any other act of collusion, with any other Operator or proposer for the purpose of secretly, or otherwise, establishing an unfair understanding regarding rates or conditions to this Agreement that would bring about any unfair condition that could be prejudicial to the BPD or BCED, the motoring public, or other tow truck companies.

B. Examples of “collusion” include, but are not limited to conspiracy by Operator to establish artificially high or low rate(s) for services performed pursuant to this Agreement, and the like.

C. A finding by the BPD or BCED that Operator or a proposer have been involved in collusion shall be cause for rejection of the proposal or shall nullify this Agreement.

Operator or proposers found to be involved in any act, or attempted act of collusion, shall be disqualified from participation on the BPD or BCED rotation tow list for the term of this Agreement, plus three (3) years, in all jurisdictions policed by the BPD or BCED.

8. OPERATOR RESPONSE TO CALLS.

A. Responsive Service. Operator shall respond to the BPD and BCED calls twenty-four (24) hours per day, seven (7) days per week, within the maximum response time established by this Agreement. “Response time” shall mean the period of time from Operator’s notification by the BPD or BCED dispatch of a call to the arrival of the tow truck at the location requested. When Operator will be temporarily unavailable to provide services due to a preplanned or scheduled activity (e.g., vacations, maintenance, medical leave), Operator’s representative shall notify the BPD and BCED at least twenty-four (24) hours prior to the date that services will be unavailable, noting the times and dates of the unavailability. Operator shall respond with a tow truck of the class required to tow the vehicle specified by the BPD and/or BCED. If, after accepting the call, Operator is unable to respond or will be delayed in responding, Operator shall immediately notify the BPD and/or BCED dispatch. In such case, the BPD and/or BCED shall have the right to use an alternative tow truck operator holding a towing and storage services agreement to provide the services for such call. Operator shall not assign any calls to other tow truck companies. 1) Operator’s maximum response time for critical tow circumstances (e.g., traffic collisions, impounds, hazards, road blockages) is twenty (20) minutes. a) Response Time. Operator’s response to calls from the BPD and BCED for towing service shall not exceed twenty (20) minutes from the time Operator received the request from the BPD or BCED to the time the tow vehicle arrives at the location from which the tow is to be made.
b) Three Axle Tow Truck. The maximum response time
notwithstanding, when the tow requires a three axle tow truck and Operator subcontracts for use of three (3) axle tow truck, Operator’s response time shall not exceed thirty (30) minutes. 2) If Operator has not arrived on the scene within the 20-minute maximum time, the BPD or BCED may request a tow vehicle from another tow truck operator 255
specified on the rotation list, and Operator may not take the tow. A failure to respond and perform required towing or service, and/or repeated failure(s) to meet the maximum response time requirements, shall constitute failure to comply with the terms and conditions of this Agreement. a) The Contract Administrator may, in his or her sole and absolute discretion, take immediate disciplinary action for any flagrant violation of the requirement to respond within the maximum response time.
b) The Contract Administrator may, in his or her sole
discretion, excuse any delay or may extend Operator’s response time to any call if Operator calls the BPD or BCED within the 20-minute response time to notify them of a delay and states the reason for the delay. After consideration of the specific circumstances, the Contract Administrator shall determine whether the delay and extension is justified. Factors under such consideration include, but are not limited to, unforeseen causes beyond the control and without the fault or negligence of Operator, including, but not limited to, acts of God or the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, material shortages beyond the Parties’ control, wars, litigation, and/or acts of any governmental agency.
c) Upon receiving requests for tow service by the BPD or BCED, Operator shall record the time such requests are made and the time at which a tow vehicle is dispatched and maintain such record for at least six (6) months. d) Failure of Operator to respond within the maximum response time, on five (5) or more occasions within any 365-day period, shall be a material default, constituting grounds for termination of this Agreement.

B. In responding to a BPD or BCED call, Operator shall perform the towing or service required for which Operator was called. This requirement may be waived by the BPD or BCED Officer-in-Charge, if the requested equipment is inadequate for the service to be performed; provided, however, if Operator supplies the wrong equipment, the BPD and/or BCED shall have the automatic and immediate right to use an alternative tow truck operator holding a towing and storage services agreement with the City to provide the services for such call.

C. Operator shall not respond to a BPD or BCED call assigned to another tow truck operator unless requested to do so by the BPD or BCED. If a tow truck operator assigned to the initial BPD or BCED call requires the assistance of an additional operator at the scene, the tow truck operator assigned to the initial call may, subject to the prior approval of the BPD or BCED Officer-in-Charge, request the assistance of Operator. If Operator, who was not called to a scene, comes upon a collision scene where a vehicle or vehicles are blocking a roadway and a BPD or BCED Officer-in-Charge requests its assistance in clearing the roadway, Operator may be requested to move the vehicle to a safe location, as directed by the officer, and leave the vehicle.

D. Only the actual number and type of tow truck personnel and equipment requested by the BPD or BCED from Operator shall respond to a BPD or BCED call. Additional tow truck personnel and equipment shall be pre-approved by the BPD or BCED Officer-in-Charge.

This shall not preclude Operator from responding to an incident to ascertain if additional assistance 256
or equipment is required. There shall be no additional charge by Operator for any personnel or equipment that is not necessary to perform the required service.

9. STORAGE OPERATIONS.

A. Operator’s Responsibilities.
1) Operator shall be responsible for the care, custody, and control of all vehicles stored by it, together with all accessories and equipment on each vehicle and all personal property in each vehicle.
2) It shall be Operator’s responsibility to protect the stored equipment and property against loss or damage by fire, theft, weather, or other causes. In the event of loss or damage to a stored vehicle, its accessories or equipment, or personal property contained in the vehicle, Operator shall be responsible to the owner for all losses and/or damages. Personal property in vehicles stored by Operator shall not be disposed of to defray any charges for the towing or storing of a vehicle; and, if not called for by the owner within thirty (30) calendar days after date of notice by BPD or BCED of impound or storage, all such property shall be disposed of in accordance with all federal, state, and local laws, including without limitation, California Vehicle Code Section 10652.
3) Operator shall take all reasonable precautions required by the BPD and BCED to avoid damage to any evidence, such as fingerprints or stains. Vehicles taken into custody for evidence shall be stored at a location designated by the BPD. Operator shall take whatever actions and precautions necessary to protect the engines, trunks, and interior areas of all stored or impounded vehicles against the elements by rolling up windows, closing doors, trunk lids, and hoods, and, if necessary, covering the vehicle or parts thereof exposed to the weather with plastic, canvas, or other waterproof covering. Operator shall park all stored or impounded vehicles in such a manner as to prevent any damage while other vehicles are being moved or parked in the vicinity of the vehicles.
4) Whenever possible, vehicles held for a 30-day hold must be placed in a secured, enclosed, inside storage area.
5) The BPD or BCED will complete a detailed written inventory of all personal property in any vehicle that is towed and stored, or towed and impounded, by Operator at their request, and the responding Driver shall complete the appropriate section on the BPD’s or BCED’s form and shall sign the form. A copy of the signed form shall be given to the responding Driver and shall be retained by Operator.
6) Under no circumstances may a vehicle and/or personal property located in a vehicle be released by Operator to the vehicle owner, or his or her designated representative, without the express written permission from the BPD and/or the BCE. 7) Operator shall obtain written approval from the BPD or BCED prior to the removal of any personal property from a stored or impounded vehicle and shall provide a receipt, with a copy placed in the stored vehicle, for all removed property. The requirement to obtain approval from the BPD or BCED prior to the removal of property may be excused by the 257
Contract Administrator if he or she determines that proper safeguards and procedures are utilized by Operator.
a) These requirements may not be waived in cases where a vehicle has been impounded for evidence or investigation. b) With approval from the BPD or BCED, Operator shall
release personal property from an impounded vehicle at the request of the vehicle owner, or his or her agent.
(1) Personal property includes: papers, transportable
cellular telephones, portable radios and/or portable stereo equipment, clothes, luggage, tools, and all other unaffixed contents.
(2) Items of personal property in a stored vehicle that are not required as evidence shall be released upon request of the vehicle owner or his/her agent. c) Cargo not held as evidence shall be released upon demand of the carrier or pursuant to a court order.
8) Operator shall not charge a storage fee for the time during which vehicles are stored by the BPD or BCED on City-owned property for the processing of evidence.

Upon completion of the processing of evidence, BPD or BCED shall notify the registered vehicle owner that his or her vehicle is ready to be released. If the vehicle owner claims his or her vehicle directly from BPD or BCED within twenty-four (24) hours, Operator shall not be entitled to collect any storage fees from the vehicle owner or the City. If the vehicle owner fails to claim his or her vehicle within twenty-four (24) hours, the City shall contact Operator responsible for initially towing the subject vehicle, and Operator will then be responsible for towing the subject vehicle to Operator’s storage facility. Upon storing the vehicle in Operator’s storage facility, Operator is entitled to begin charging a storage fee. Notwithstanding the foregoing, Operator is entitled to charge towing fees at the standard towing rate for all vehicles towed in connection with the processing of evidence, as set forth in Exhibit C.
9) Operator shall post and maintain a sign or signs which have been approved by the Contract Administrator in a conspicuous place or places on Operator’s premises where the vehicle owner re-claims his/her vehicle and in a location designated by the Contract Administrator that is clearly visible to the public from the street, and which gives notice of:
a) The approved “Rate Schedule” for tow and storage services; b) The method of payment(s) that are acceptable by Operator, which shall include at a minimum credit cards and U.S. currency; c) Notice that a written receipt shall be supplied by Operator for the amount of payment received;
d) The telephone number and address of the Contract
Administrator; and
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e) The address where a vehicle owner may address his or her complaints regarding Operator’s tow and/or storage services. 10) For the purpose of this Agreement, “normal business hours” shall not be less than 8 a.m. to 5 p.m., Monday through Friday, and Operator’s place of business shall be staffed continuously during these periods, except for the following state-recognized holidays:
a) New Year’s Day, Martin Luther King Day, Lincoln Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, day after Thanksgiving Day, and Christmas Day. 11) Business hours shall be posted in plain view to the public at both the place of business and/or storage facility.
12) Employees shall be properly trained and supervised in conducting business transactions related to towing, storage and release of vehicles/property. 13) Operator shall have a responsible person(s) on-call on a twenty-four (24) hour basis, seven (7) days a week. The designated on-call person(s) shall be available to release vehicles at all times, twenty-four (24) hours per day, seven (7) days per week, including holidays.

B. Storage Facilities.
1) Operator shall maintain sufficient storage spaces, as approved by the Contract Administrator.
2) The storage yard must conform to all local zoning use requirements then in effect and have any required permits to operate at that location. 3) Operator shall maintain adequate security of vehicles and property at the place of storage in accordance with the requirements of this Agreement. All vehicles impounded or taken into custody by the BPD or BCED must be stored by Operator in areas that are enclosed by substantial wire fences or walls that have gates or doors that lock. Such fences or wall enclosures shall be not less than six (6) feet in height and shall have not less than one gate or door of a width and height that is adequate to allow vehicles to be moved freely and without creation of traffic congestion. The bottom edge of the enclosure structure shall not be more than two (2) inches above the parking surface of the enclosed area. A fence or wall enclosure shall be maintained and repaired in good condition throughout the term of this Agreement. Such fences or walls shall be repaired within twenty-four (24) hours of the time of any damage thereto to insure proper protection of the stored vehicles. The storage area must be paved with concrete or asphalt and maintained in good condition. The Contract Administrator may modify security requirements as necessary to coincide with local conditions.

C. Location and Maintenance of Storage Facility.
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1) Operator shall maintain and provide a place of business and storage facilities for the vehicles stored within the established boundaries of the City, as may be modified from time to time.
2) Operator’s primary storage facility shall be located at the same location as the business address. If Operator stores vehicles at a different location from the primary location, this additional location shall be located within the City’s limits and Operator shall furnish to the Contract Administrator the addresses of each and every additional storage facility. Operator shall release vehicles and personal property at the primary storage facility upon request of the owner.
a) In the event any vehicles are stored at a location other than the primary storage facility, there shall be no charge for any additional distance traveled to and from a secondary location.
3) Operator shall furnish the Contract Administrator with the addresses of all storage facilities whenever there is a change. Secondary storage facilities shall be located reasonably close to the main business office.
4) All landscaped and paved areas of Operator’s premises shall be maintained in a neat and orderly condition with the landscape in a healthy condition and free of weeds and litter. All storage spaces used by Operator in conjunction with its services hereunder shall be kept free of litter, debris, and other materials, substances, or any automotive parts unless the parts are stored as evidence for the BPD or BCE. Operator shall avoid contamination of soil or surface waters with gasoline, oil, grease, or any other contaminating substance as required by federal, state, county or other local regulations.

D. All surfaces of any Operator storage facility shall be in good repair without broken parts, holes, potholes, or litter, and in such a condition that ensures that no damage to vehicles will result. Any facility used for the storage of vehicles located in the City shall be landscaped as follows: any portion of a lot not paved or occupied by a structure or designed for vehicular parking shall be landscaped with a mixture of ground cover, shrubs, and trees and may include decorative rock, walkways, or other features as approved by the City’s Planning Director.

All parking lots facing or abutting a public street or a residential district shall be screened by a solid wall or compact evergreen hedge not less than six (6) feet in height or by landscaped planters containing shrubs not less than six (6) feet in height or by a landscaped berm not less than six (6) feet in height or by a landscaped screening approved by the City’s Planning Director. Operator shall prevent contamination of soil with gasoline, oil, grease, or any other contaminating substance as specified by federal, state, and local laws.

10. ABANDONED VEHICLE ABATEMENT PROGRAM.

A. At the request of the BPD or BCED, but no more than two (2) calendar days a week and eight (8) hours a day, Operator shall provide a Driver and the specified tow truck for the removal of abandoned vehicles, as described in the City of Banning Municipal Code Chapter

10.28. Drivers are subject to a maximum response time set forth in Section 8.A. of this Agreement in their execution of this provision.
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B. Operator shall not remove any abandoned vehicles without first being instructed to do so by an authorized representative of the BPD or BCED.

C. Operator shall dispose of vehicles removed by Operator pursuant to this Section 10 pursuant to City of Banning Municipal Code Section 10.28.100.

D. Refusal and/or failure by Operator to provide the services described in this Section 10 shall be grounds for termination of this Agreement.

11. INSURANCE REQUIREMENTS.

A. Operator shall pay for, and maintain in full force and effect, all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than “A-VII” in Best’s Insurance Rating Guide or (ii) authorized by the City’s Risk Manager. The following policies of insurance are required:
1) COMMERCIAL GENERAL LIABILITY insurance, which shall be on the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, and include insurance for “bodily injury,” “property damage,” and “personal and advertising injury” with coverage for premises and operations, products and completed operations, and contractual liability (including, without limitation, indemnity obligations), and with limits of liability of not less than $2,000,000 per occurrence for bodily injury and property damage, $2,000,000 per occurrence for personal and advertising injury, $4,000,000 aggregate for products and completed operations, and $4,000,000 general aggregate. 2) GARAGE-KEEPERS LEGAL LIABILITY insurance, which shall include coverage for vehicles in the care, custody, and control of Operator with limits of liability of not less than $500,000 per occurrence for property damage. 3) COMMERCIAL AUTOMOBILE LIABILITY insurance, which
shall be on the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto), and with limits of not less than $1,000,000 per accident for bodily injury and property damage.
4) ON-HOOK/CARGO insurance, which shall include coverage for vehicles in tow with limits of liability based on the size of the tow truck, which are as follows:
a) Class A tow truck $50,000
b) Class B tow truck $100,000
c) Class C tow truck $200,000
d) Class D tow truck $250,000
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5) WORKERS’ COMPENSATION insurance as required under the California Labor Code.
6) EMPLOYERS’ LIABILITY insurance with minimum limits of $1,000,000 each accident, $1,000,000 disease policy limit, and $1,000,000 diseases each employee.

B. Operator shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Operator shall also be responsible for payment of any self-insured retentions.

C. The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30) calendar days’ written notice in favor of the City of policy cancellation, change or reduction of coverage, except for the Workers’ Compensation policy, which shall provide a ten (10) calendar days’ written notice of such cancellation, change or reduction of coverage. In the event any policies are due to expire during the term of this Agreement, Operator shall provide a new certificate and all applicable endorsements evidencing renewal of such policy prior to the expiration date of the expiring policy(ies) to the Contract Administrator. Upon issuance by the insurer, broker, or agent of a notice of cancellation, change, or reduction in coverage, Operator shall file with the Contract Administrator a new certificate and all applicable endorsements for such policy(ies).

D. The General Liability, Automobile Liability, and Garagekeepers Legal Liability insurance policies shall be written on an occurrence form and shall name the City, its officers, officials, agents, employees, and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Operator’s insurance shall be primary and no contribution shall be required of the City. Any Workers’ Compensation insurance policy shall contain a waiver of subrogation as to the City, its officers, officials, agents, employees, and volunteers. Operator shall have furnished the City with the certificate(s) and applicable endorsements for all required insurance prior to the City’s execution of this Agreement.

E. The fact that insurance is obtained by Operator shall not be deemed to release or diminish the liability of Operator, including, without limitation, liability under the indemnity provisions. The City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Operator. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability, nor limit the liability of, Operator, its principals, officers, agents, employees, persons under the supervision of Operator, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.

F. Upon request of the City, Operator shall immediately furnish the City with a complete copy of any insurance policy required, including all endorsements, with the copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. 262
G. If at any time during the life of this Agreement or any extension, Operator fails to maintain the required insurance in full force and effect, all work under this Agreement shall be discontinued immediately until notice is received by the City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to the City. Any failure to maintain the required insurance shall be sufficient cause for the City to terminate this Agreement.

H. Should Operator subcontract all or any portion of the work to be performed, Operator shall require each subcontractor to provide insurance protection in favor of the City, its officer, officials, employees, agents, and authorized volunteers in accordance with the terms of each of the preceding paragraphs, except that the subcontractors certificates and endorsements shall be on file with Operator and the City prior to the commencement of any work by the subcontractor.

12. INDEMNIFICATION.

Operator shall indemnify the City, its officers, agents, and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, including paying any legal costs, attorneys’ fees, or paying any judgment (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the performance of the work or services of Operator, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the acts or omissions of Operator hereunder, or arising from Operator’s negligent performance of or failure to perform any term, provision covenant or condition of this Agreement, but excluding such claims or liabilities to the extent caused by the active negligence or willful misconduct of the City.

13. INSPECTIONS.

A. Operator must pass not less than one (1) annual inspection of all tow trucks of an Operator by a qualified law enforcement agency. The BPD or BCED may conduct inspections at any time (at no charge to Operator) of all tow trucks used by Operator to determine whether such tow trucks are safe and adequately equipped to perform the service required of such class level tow truck.

B. The BPD or BCED may also conduct inspections at any time (at no charge to Operator) of Operator’s business premises to determine whether the premises are secured and maintained. The BPD or BCED may conduct inspections without notice during normal business hours.

C. In the event that an inspection reveals that a tow truck is not suitable for towing operations, the BPD or BCED shall notify Operator in writing that the vehicle is disapproved and cannot be dispatched by Operator. Operator shall not dispatch a disapproved tow truck (to a BPD or BCED call), until written authorization has been obtained from either the BPD or BCED that the vehicle is “approved.”

14. BUSINESS RECORDS AND GROSS RECEIPTS ACCOUNTING.
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A. Operator shall maintain written or computerized records, at its place of business relating to tow, storage, impound, or lien services furnished under this Agreement, including a description of vehicles, nature of service, Driver’s name, start time, end time, location of call, and itemized costs of towing and storage.

B. 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-BPD/BCED tows.

C. The BPD and BCED may inspect all Operator records without notice during normal business hours.

D. Operator shall permit the BPD and BCED to make copies of business records at its place of business, or to remove business records for the purpose of reproduction. The BPD and BCED shall provide a receipt for any original records removed from Operator’s place of business.

E. Records shall be maintained and available for inspection for a period of two (2) years plus the current term of this Agreement.

F. Operator shall issue complete and accurate receipts to all customers.

G. Operator must notify the CHP as required by Section 10652 of the California Vehicle Code.

H. Gross Receipts Reports/Accounting. Operator shall keep accurate records of all “gross receipts” earned as a result of the business conducted, excepting therefrom all sales and excise taxes (“Gross Receipts Records”). “Gross receipts” is defined as all revenues received from towing and related services, storage, salvage sales of abandoned or unclaimed vehicles, plus incidental receipts earned by Operator as a result of business conducted under this Agreement. All charges shown on invoices and other records are to be explicit in detail, showing the reason for the amount specified therein.

I. Operator shall also keep accurate records of all lien sales completed as a result of the business conducted, excepting therefrom all sales and excise taxes (“Lien Sales Records”). In conjunction with the quarterly payment of the Towing Program Fee, Operator shall provide to the City, in a form approved by the Finance Director, a copy of its Gross Receipts Records and Lien Sales Records covering the immediately preceding six-month period during the Term. Such Gross Receipts Records must be available at all times during normal business hours and shall be subject to inspection, review, and audit by the Contract Administrator.

J. The Gross Receipts and Lien Sales Records must be supported by source documents such as receipt slips, cash register tapes, invoices or other pertinent information. All charges, fees, and receipts shall be recorded by means of cash registers, which shall be equipped with devices that lock in the totals and other records of transactions or with a counter that cannot be reset, which records transaction numbers and receipt details. Operator shall read and record the totals at the beginning and end of each calendar day.
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K. At the request of the BPD or BCED, Operator shall furnish the BPD or BCED a written list of all vehicles that have been towed by Operator within five (5) business days of such request. Such list shall show the date of tow, storage location of each vehicle, dates of storage, vehicle make and model, license number, and vehicle serial number.

L. Audits. Operator must make available to the City, upon three (3) calendar days’ written notice, its accounting records and books for inspection and audit. The BPD or BCED, the City, and their designated representative(s) agree to maintain the confidentiality of such accounting records and books, to the extent permitted to do so under federal and state laws, including without limitation the California Public Records Act (Cal. Gov. Code, § 6250 et seq.).

Operator shall submit quarterly documentation detailing its operations on behalf of the City in both written and electronic formats that are acceptable to the City’s Finance Director. Such documentation shall include the following information: the date, time, location, case number (if any), vehicle description (including make, model, and vehicle license number), and a brief description of the circumstances surrounding the tow (e.g., traffic collision, BPD impound, etc.).

Operator shall maintain these records for a period of three (3) years. In addition, the City may request, no more than annually, that Operator undergo an audit of its accounting records and books by a professional auditor of the City’s choice.

15. PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT.

A. Except as provided by this Agreement, Operator shall not contract with any other entity not covered by this Agreement without the express, prior written approval of the City.

As a condition of such an approval, the City may require any subcontractor to provide the City with Certificates of Insurance naming the City as an additional insured and other documentation of compliance with California Vehicle Code provisions applicable to a towing operation, such as current inspection reports by the CHP.

B. Neither this Agreement, nor any interest, may be transferred, assigned, conveyed, hypothecated, or encumbered either voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior express written approval of the City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Operator, taking all transfers into account on a cumulative basis.

C. Any cause of violation of this Section, including any bankruptcy proceeding, shall be deemed a major violation and cause for suspension or termination of this Agreement. No City-approved transfer shall release Operator, or any surety of Operator, of any liability hereunder without the express consent of the City. The City’s consent to one assignment shall in no way be deemed to be acceptance of any further assignment.

16. FINANCIAL INTEREST.

A. Operator shall not be directly involved in the towing-related business of any other tow truck operator or proposer. “Directly involved” shall mean anything in common between Operator or proposers with regard to any of the following: 1) business licenses; 2) insurance; 3) tow truck or equipment ownership; and 4) employees.
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B. Facilities shared by tow truck operators shall be physically separated and secured from each other unless the Contract Administrator approves non-conforming facilities.

C. Any violation of this Section shall be deemed a major violation and cause for suspension, if deemed appropriate by the Contract Administrator.

17. DISCIPLINARY ACTIONS.

A. The Contract Administrator shall take disciplinary action against Operator for violations investigated and confirmed or sustained. Unless otherwise noted, the Contract Administrator shall determine the period of suspension. The Contract Administrator shall retain discretion regarding the length of any suspension imposed pursuant to the terms and conditions of this Agreement.

B. Records of violations shall be retained by the BPD for at least thirty-six (36) months.

C. Disciplinary action taken against Operator by the Contract Administrator shall be honored by all BPD and BCED personnel. Likewise, any disciplinary action taken against Operator by a local CHP Commander may be honored by the BPD and BCED when the violation in question is related to a safety violation.

D. A violation of the equipment requirements related to safety shall be deemed a major violation and cause for immediate suspension of this Agreement. The Contract Administrator shall determine the period of the suspension. The suspension will remain in effect until the period of suspension is completed and the BPD has conducted an inspection and found that Operator is in compliance.

E. A violation of the Gross Vehicle Weight Rating (GVWR) and safe loading requirements of a tow truck shall be deemed a major violation and cause for immediate suspension of this Agreement. This includes exceeding the tow truck’s GVWR, front axle weight rating, rear axle weight rating, maximum tire weight ratings, or not maintaining fifty percent (50%) of the tow truck’s unladen weight on the front axle when lifting/carrying a load.

F. A violation of intentionally overcharging, or a pattern of overcharging, shall be deemed a major violation and cause for immediate suspension or termination of this Agreement.

If suspension occurs then the Contract Administrator shall determine the period of the suspension.

The suspension will remain in effect until the period of suspension is completed and Operator has presented proof to the BPD that reimbursement has been made to the aggrieved customer(s).

G. Neither BPD nor BCED personnel shall be offered gratuities, and requests for gratuities shall not be honored by Operator, or its employees or associates . A violation of this Section shall be cause for suspension or termination of this Agreement.

H. A refusal to respond or to perform the required towing or service shall be cause for suspension of this Agreement.
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I. Any failure to respond or repeated failures to respond within the maximum response time allowed shall be cause for suspension of this Agreement.

J. Responding to a BPD or BCED call assigned to another tow truck operator shall be cause for suspension of this Agreement.

K. Any unsatisfactory rating based on a violation of the Biennial Inspection of Terminals (BIT) Program requirements shall be deemed a major violation and cause for an immediate suspension of this Agreement. The Contract Administrator shall determine the period of the suspension. The suspension will remain in effect until the period of suspension is completed and Operator has presented proof of compliance with the BIT requirements.

L. Failure of Operator to satisfy a court order mandating reimbursement to the vehicle or property owner for the damage or loss that occurred while the vehicle was in Operator’s custody will result in suspension of this Agreement. The suspension will remain in effect until the period of suspension is completed and Operator has presented proof of the reimbursement.

M. Failure of Operator to comply with the inspection requirements of this Agreement will result in immediate suspension of this Agreement. The Contract Administrator shall determine the period of the suspension. The suspension will remain in effect until the period of suspension is completed and Operator has complied with the inspection requirement.

N. Sending a Driver for whom a form in substantial conformance with Exhibit D has not been submitted on a BPD or BCED call shall be cause for immediate suspension of this Agreement (this would also include those drivers dispatched by Operator’s business). The suspension will remain in effect until the period of suspension is completed and Operator has submitted the Driver information, current EPN report, and documentation of the tow truck driver’s experience or completed training program to the Contract Administrator.

O. Failure of Operator to maintain the minimum insurance requirements set forth in this Agreement will immediately nullify this Agreement and is deemed a major violation of this Agreement.

P. Operator will be subject to an additional suspension of this Agreement for failure to notify the Contract Administrator in advance of the insurance policy expiration or cancellation.

Q. Minor traffic violations may be deemed a minor violation of this Agreement.

R. A Driver, not under the immediate observation of Operator, while driving a tow truck, who is arrested and subsequently convicted for misdemeanor driving under the influence of alcohol and/or drugs, will be subject to immediate suspension from participating as a Driver under the provisions of this Agreement. The length of suspension will be at the Contract Administrator’s discretion.

S. If Operator is serving a suspension for one (1) year or more, he or she shall be required to comply with all terms and conditions of this Agreement at the time of the 267
reinstatement. No equipment shall be approved that is not in compliance with the equipment specifications contained in this Agreement at the time of reinstatement. Sections of this Agreement that are commonly referred to as “grandfather clauses” shall no longer apply to any Operator who is suspended for one (1) year or more.

T. 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 violation may be cause for termination of this Agreement. 1) Termination shall be invoked if, in the Contract Administrator’s judgment, continued participation in the rotation tow program by the affected Operator may result in a hazard to public safety and/or welfare.
2) If deemed appropriate, in lieu of termination, the Contract Administrator may impose additional suspensions for longer periods.

U. Minor Violations. Except as specifically stated in this Agreement, minor violations of the terms and conditions of this Agreement may be cause for disciplinary action in the following manner:
1) 1st violation in twelve (12) months – Letter of written reprimand and mandatory meeting between the tow service owner and the Contract Administrator to discuss remediation and future avoidance of the violation.
2) 2nd violation in twelve (12) months – 1 to 30-day suspension of this Agreement.
3) 3rd violation in twelve (12) months – 60 to 90-day suspension of this Agreement.
4) 4th violation in twelve (12) months – Termination of this Agreement, or if deemed appropriate, in lieu of a termination, the Contract Administrator may impose additional suspensions for longer periods. If the suspension of Operator would take them through the expiration of the term of this Agreement, Operator may apply to be on the following year’s rotation tow list, but Operator will not be reinstated until the full suspension is completed. If this Agreement is terminated, then Operator will be unable to apply for the BPD or BCED rotation tow list for the following three tow service agreements.

V. Nothing herein shall be deemed to prohibit the Contract Administrator from immediately suspending any Operator whose conduct, or that of his or her employee(s), in the discretion of the Contract Administrator, is deemed to be a danger to the motoring public or who has engaged in conduct constituting a flagrant violation of this Agreement.

18. COMPLIANCE WITH LAWS.

A. Operator and its employees shall, at all times, comply with all federal, state, and local laws and ordinances, which include, but are not limited to, California Vehicle Code Sections 22650. 22651.1, 22658(k)-(l), 226558.1, and 22850 and the provisions enumerated in 268
Exhibit A, and those laws which are applicable to Operator as promulgated by the California Department of Transportation, the CHP, and industry practices endorsed by the CTTA. To the extent the California Vehicle Code provisions in Exhibit A may be amended from time to time, such amendments shall supersede the applicable provisions in Exhibit A. 1) In the event of a misdemeanor traffic violation(s) by Driver(s) that come(s) to the attention of the BPD, the BPD shall advise Operator of the violation(s). Operator will be granted the opportunity to take necessary steps to ensure that such Driver(s) drive(s) in compliance with law. Any subsequent traffic violation(s) by Operator and/or the involved employee may be cause for appropriate disciplinary action against Operator and/or the involved Driver(s).
2) Any traffic violation(s) involving a felony may be cause for immediate disciplinary action against Operator and/or the involved Driver.

B. The provisions contained herein do not preclude the BPD and/or BCED from taking appropriate enforcement or administrative action for any violations of law. 1) Any arrest, charge, or conviction of Operator, its employee(s), officer(s), or agent(s) involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a drug related offense, felony 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 BPD and/or BCED tow call, or moral turpitude shall be cause for suspension of Operator, it’s employee(s), officer(s), or agent(s), or immediate termination this Agreement.

19. LICENSES, PERMITS, FEES & ASSESSMENTS.

Operator shall have and maintain a valid City of Banning business license during the term of this Agreement. Operator shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. Operator shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services requested by this Agreement.

20. ADVERTISING.

Operator shall not display any sign or engage in any advertisement indicating an official or unofficial connection with the BPD, the BCED, or the Department of Motor Vehicles.

Examples include, without limitation, “Official BPD Tow,” or “Approved by BPD.” The provisions under this Section shall not preclude the Contract Administrator from implementing a system to mark and identify particular tow trucks as having passed the BPD or BCED inspection.

21. CANCELLATION, TERMINATION AND EXEMPTIONS.

A. This Agreement may be cancelled by the Contract Administrator or Operator, for any reason or no reason, with or without cause, by giving thirty (30) calendar days’ written notice to the other Party.
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B. For good cause shown, the Contract Administrator may temporarily relieve a qualified Operator of compliance with a required provision of this Agreement. Any such exemption must be requested in writing, stating valid reasons for the need and justification for a temporary exemption from a requirement of this Agreement. No exemption shall be deemed to have been granted unless it is expressly received by the requesting Operator in writing from the BPD.
1) No exemption shall be granted for a period greater than six (6) months from the date of its approval. Any noncompliance with a material provision of this Agreement after the expiration of a granted exemption shall result in the immediate termination of this Agreement.
2) No exemption shall be considered or granted concerning any legal or safety requirements.

C. If it is determined that Operator had knowledge of criminal activity occurring on the property of Operator, or Operator is arrested for a crime which is a felony, then the City may be immediately terminate this Agreement.

D. If Operator refused to comply with any of the terms of this Agreement, then the City may be immediately terminate this Agreement.

22. COMPENSATION.

Operator agrees to perform the services herein and to receive, as full payment therefore, those fees described in Exhibit C.

23. FEES PAYABLE TO CITY.

A. California Vehicle Code Section 12110(b) provides that a public entity may require payment of a fee in connection with the award of a franchise for towing vehicles on behalf of that public entity; provided, that the fee does not exceed the amount necessary to reimburse the public entity for its actual and reasonable costs incurred in connection with the towing program.

Operator agrees to pay to the City that amount of fees in accordance with California Vehicle Code Section 12110, which provides that “a fee in connection with the award of a franchise for towing vehicles on behalf of that public entity … may not exceed the amount necessary to reimburse the public entity for its actual and reasonable costs incurred in connection with the towing program.” B. The fees that Operator shall pay to the City shall be paid as follows: For each vehicle tow processed by Operator as a result of a call for service from the BPD and/or BCED, Operator shall pay $138.00 to the City (“Towing Program Fee”). This means that those tow services identified in Sections A and B of Exhibit C shall require Operator to pay the City $138.00 per tow. Tows performed at the direction of the City, which do not result in the vehicle being stored or impounded, (i.e. City vehicles and evidence tows), will be deducted from the total on a one for one basis, as structured in Exhibit C. For example, if Operator processes six (6) tows as a result of a call for service from the BPD and/or BCED, but one (1) of the tows was a BPD vehicle tow that did not result in the vehicle being stored or impounded, and another tow was an evidence 270
tow that did not result in the vehicle being stored or impounded, then Operator shall pay to the City $552 for four (4) tows at $138 per tow.

C. These fees payable to the City shall be calculated by the City on a quarterly basis and paid by Operator as follows:
1) Each quarterly period shall run every three (3) months as follows:

January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31.
2) Within fifteen (15) calendar days following the end of a quarterly period, the City shall determine the amount due from Operator for all tows performed for the City that prior quarter and give written notice of the amount due from Operator. 3) Operator shall remit payment to the City of the fees due pursuant to this Section 23 within seven (7) business days of receiving notice from the City of the amount due.

Payment shall be made to the City in the form of check, money order, or wire transfer payable to the “City of Banning” and directed to the attention of “Finance Department.” The obligation to pay is not contingent on any payments due or paid to Operator for the actual tow and/or storage of any vehicle.

D. It is hereby acknowledged and agreed by Operator and the City that the $138.00 per-tow sum represents a reasonable estimate of the amount necessary to reimburse the public entity for its actual and reasonable costs incurred in connection with the towing program.

24. ATTORNEYS’ FEES.

If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees, whether or not the matter proceeds to judgment.

25. CORPORATE AUTHORITY.

A. The persons executing this Agreement on behalf of the Parties hereto warrant that:
1) Such Party is duly organized and existing;
2) Such Party is authorized to execute and deliver this Agreement on behalf of the Party;
3) Entering into this Agreement is not contrary to the contentions of any Party in any litigation involving the Parties hereto; 4) By so executing this Agreement, such Party is formally bound to the provisions of this Agreement; and
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5) The entering into this Agreement does not violate any provision of any other agreement to which such Party is bound.

B. Operator, and the agents and employees of Operator, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the City, the BPD, or the BCED.

26. NOTICE.

Any notice, demand, request, consent, approval, or communication either Party desires, or is required, to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth immediately below as to the City, and the address following the signatures below as to Operator. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or upon seventy-two (72) hours from the time of mailing, if mailed as provided in this Section.

To City: City of Banning
99 E Ramsey Street
Banning, CA 92220
Copy to: Richards, Watson, & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, CA 90071
Attn: Serita R. Young
Operator: Stagecoach Towing, Inc.
724 E. Ramsey Street
Banning, CA 92220

27. INTERPRETATION.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

28. INTEGRATION; AMENDMENT.

It is understood that there are no oral agreements between the Parties hereto affecting this Agreement, and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. The Parties agree that, by entering into this Agreement, any and all prior rights or obligations of the Parties under any Prior Agreement of any kind are hereby extinguished, except as expressly provided therein. This Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing.

29. SEVERABILITY.
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In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder, unless the invalidated provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

30. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES.

No officer or employee of the City shall be personally liable to Operator, or any successor in interest, in the event of any default or breach by the City or for any amount that may become due to Operator or to its successor, or for breach of any obligation of the terms of this Agreement.

31. CONFLICT OF INTEREST.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement, nor shall any such officer or employee participate in any decision relating to this Agreement that affects his or her financial interest or the financial interest of any corporation, partnership, or association in which he or she is, directly or indirectly, interested, in violation of any State statute or regulation. Operator warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

32. VENUE.

All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California.

33. COVENANT AGAINST DISCRIMINATION.

Operator covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Operator shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry.

34. RECITALS.

All recitals preceding the terms of this Agreement are incorporated into the terms hereof and understood as binding obligations.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF the Parties hereto have executed this Agreement on the Effective Date stated in the introductory clause.

CITY OF BANNING OPERATOR
By:

Douglas Schulze, City Manager
By:

NAME:

TITLE:

NAME:

TITLE:

ATTEST:

Tax ID No.

Caroline Patton, Deputy City Clerk
Address
APPROVED AS TO FORM:

Richards, Watson, Gershon
Serita R. Young, City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED.

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY

THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. 274

EXHIBIT A

CALIFORNIA VEHICLE CODE LAWS
NOTE: The laws that govern a tow truck operator’s business and vehicle operations are included in, but not limited to, this Exhibit. The list of laws included herein is intended as a general guide only. It is Operator’s responsibility to know and comply with all federal and state statutes and all local ordinances relating to its operations; including those that are and are not listed, any new statutes or ordinances subsequently adopted, and any amendments, repeals, or modifications of existing statutes and ordinances, including, but not limited to, those described in this Exhibit.

1. GENERAL.

A. Operator shall be able to properly conduct a lien sale as outlined in Division 11, Chapter 10, Article 2, beginning with Section 22851 of the California Vehicle Code.

B. Operator and/or Drivers shall be properly licensed in accordance with Section 12804.9 of the California Vehicle Code. Commercial drivers’ licenses must be endorsed to allow operation of special vehicle configurations and/or special cargoes. The following shows the correct license class and endorsement for the vehicle or cargo being transported:

VEHICLE TYPE OF CARGO CLASS LICENSE ENDORSEMENT
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
Material
A, B, or C X
1) Drivers shall have the proper class of license and endorsements for the vehicle and cargo being transported, as shown above. a) Whenever tank vehicles, double trailers, and/or hazardous materials carriers are towed or driven, the Driver is required to possess the appropriate class of license and endorsement.
b) Empty buses can be towed without the passenger transport endorsement, but the Driver must have the passenger transport endorsement if the bus is driven by him/her, even without passengers.
2) Drivers may obtain a Class A driver license that is restricted to towing other vehicles. The actual driving of damaged vehicles or vehicles being serviced requires that the Class A license not be restricted to towing vehicles. Commercial vehicle operators or operators of vehicles requiring a special certificate must possess both the appropriate license and certificate, as well as possess a valid medical card.
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C. Operator shall comply with the provisions contained in Division 4, Chapter 2 (Reports of Stored Vehicles) of the California Vehicle Code (commencing at Section 10650).

D. Operator shall comply with the provisions of Section 10854 of the California Vehicle Code.

E. Operator shall comply with the provisions of Section 12110 of the California Vehicle Code.

F. Operator shall comply with the provisions of Division 11, Chapter 9 of the California Vehicle Code, relating to stopping, standing, or parking, and Chapter 10, relating to the removal or parked and abandoned vehicles.

G. Tow trucks shall comply with appropriate lighting and equipment requirements for motor vehicles as contained in the California Vehicle Code.

H. Tow trucks towing disabled legal vehicles or a legal combination of vehicles shall comply with the vehicle size, weight, load limitations contained in Division 15 of the California Vehicle Code.
1) Tow operators may obtain transportation permits, which allow specific variances on these vehicle length and weight limitations, through the California Department of Transportation or local authorities with respect to highways under their respective jurisdictions.
a) The California Department of Transportation issues permits to requesting operators on an annual basis. The permit allows the movement of disabled legal vehicles under the following conditions:
(1) Disabled legal vehicles or legal combinations of
vehicles may be towed on state highways to the nearest appropriate place of repair, or nearest secure storage area that is appropriate for the vehicle or load, whichever is closest and most accessible. It is not the intent of the permit to allow these combinations to be towed to their ultimate destination for convenience, unless that destination meets the foregoing criteria. (2) Disabled legal vehicles or combination of vehicles, when connected to a tow truck, may exceed legal gross weight limitations. When the end of a truck or truck tractor of legal weight is elevated by a tow truck, the drive axles, the tow truck and/or the drive axle(s) of the disabled vehicle may exceed legal axle or axle group weight limitations. If any axle or axle group exceeds legal weight, movement will be limited to specific routes. b) Disabled vehicles or combination of vehicles whose
movement is authorized by a transportation permit, or any disabled vehicle or any combination of vehicles which, because of damage, has incurred distortion in width or height, causing the vehicle to be in excess of legal dimensions, may be moved at the direction of a peace officer or single trip permit issued by the California Department of Transportation. 276
c) The Driver, operating under a transportation permit, shall comply with all terms and conditions of the permit.

I. Operator shall comply with the provisions of Sections 3068 through 3074 of the California Civil Code.

J. Operator shall comply with Sections 182, 470, and 532 of the California Penal Code, relating to fraud and conspiracy to commit fraud.

K. Operator shall comply with the provisions of Sections 17200 et seq. and 17500 et seq. of the California Business and Professions Code, relating to fraudulent or unfair business practice, or false or misleading statements.

2. SPECIFIC CALIFORNIA VEHICLE CODE REQUIREMENTS RELATING TO TOW TRUCKS, INCLUDING, BUT NOT LIMITED TO:

A. Summarized California Vehicle Code Provisions:

Unlawful Advertising as Department; Use of Department Initials or Identity (Cal. Veh. Code, § 25)
(a) It is unlawful for any person to display or cause or permit to be displayed any sign, mark, or advertisement indicating an official connection with either the Department of Motor Vehicles or the Department of the California Highway Patrol unless such person has lawful authority, permission, or right to make such display.
(b) It is unlawful for the holder of any occupational license issued pursuant to Division 5 (commencing with Section 11100) to use the initials “DMV,” the Department of Motor Vehicles logogram, or the words “Department of Motor Vehicles” in any business name or telephone number. No occupational licensee may use the initials, logogram, or words in any advertisement in a way that indicates, or could be construed to indicate, any official connection with the Department of Motor Vehicles other than as a licensee.

Tow Truck (Cal. Veh. Code, § 615(a))
A “tow truck” is a motor vehicle which has been altered or designed and equipped for, and primarily used in the business of, transporting vehicles by means of a crane, hoist, tow bar, tow line, or dolly or is otherwise primarily used to render assistance to other vehicles. A “roll-back carrier” designed to carry up to two vehicles is also a tow truck. A trailer for hire that is being used to transport a vehicle is a tow truck. “Tow truck” does not include an automobile dismantlers’ tow vehicle or a repossessor’s tow vehicle.

NOTE: A vehicle which is not exclusively used in the business of towing vehicles nor used to render assistance to other vehicles is not a “tow truck” as defined above and need not comply with the requirements of the California Vehicle Code sections cited in this Exhibit. Such a vehicle shall not be equipped with the flashing amber warning lights permitted on “tow trucks” and is not entitled to special parking privileges under California Vehicle Code Section 22513. 277
Portable Dolly (Cal. Veh. Code, § 4014)
Any portable or collapsible dolly carried in a tow truck or in a truck used by an automobile dismantler and used upon a highway exclusively for towing disabled vehicles is exempt from registration.

Mounting of Plates (Cal. Veh. Code, § 5201(a)(1))
The rear license plate on a tow truck or repossessor’s tow vehicle may be mounted on the lefthand side of the mast assembly at the rear of the cab of the vehicle, not less than 12 inches nor more than 90 inches from the ground.

Compensation for Arranging or Requesting Towing Services (Cal. Veh. Code, § 12110(a)) Except as provided in subdivision (b), no towing service shall provide and no person or public entity shall accept any direct or indirect commission, gift, or any compensation whatever from a towing service in consideration of arranging or requesting the services of a tow truck. As used in this section, “arranging” does not include the activities of employees or principals of a provider of towing services in responding to a request for towing services.

Tow Trucks; Stopping at Scene of Accident or Near Disabled Vehicle; Soliciting an Engagement for Towing Services or to Remove Vehicle; Conditions; Documentation and Reporting Requirements; Fees; Misdemeanors; Exceptions (Cal. Veh. Code, § 22513(a)-(e)) (a)(1) It is a misdemeanor for a towing company or the owner or operator of a tow truck to stop or cause a person to stop at the scene of an accident or near a disabled vehicle for the purpose of soliciting an engagement for towing services, either directly or indirectly, to furnish towing services, to move a vehicle from a highway, street, or public property when the vehicle has been left unattended or when there is an injury as the result of an accident, or to accrue charges for services furnished under those circumstances, unless requested to perform that service by a law enforcement officer or public agency pursuant to that agency's procedures, or unless summoned to the scene or requested to stop by the owner or operator of a disabled vehicle. (2)(A) A towing company or the owner or operator of a tow truck summoned, or alleging it was summoned, to the scene by the owner or operator of a disabled vehicle shall possess all of the following information in writing prior to arriving at the scene:
(i) The first and last name and working telephone number of the person who summoned it to the scene.
(ii) The make, model, year, and license plate number of the disabled vehicle. (iii) The date and time it was summoned to the scene.
(iv) The name of the person who obtained the information in clauses (i), (ii), and (iii). (B) A towing company or the owner or operator of a tow truck summoned, or alleging it was summoned, to the scene by a motor club, as defined by Section 12142 of the Insurance Code, 278
pursuant to the request of the owner or operator of a disabled vehicle is exempt from the requirements of subparagraph (A), provided it possesses all of the following information in writing prior to arriving at the scene:
(i) The business name of the motor club.
(ii) The identification number the motor club assigns to the referral. (iii) The date and time it was summoned to the scene by the motor club. (3) A towing company or the owner or operator of a tow truck requested, or alleging it was requested, to stop at the scene by the owner or operator of a disabled vehicle shall possess all of the following information in writing upon arriving at the scene:
(A) The first and last name and working telephone number of the person who requested the stop. (B) The make, model, and license plate number, if one is displayed, of the disabled vehicle. (C) The date and time it was requested to stop.
(D) The name of the person who obtained the information in subparagraphs (A), (B), and (C). (4) A towing company or the owner or operator of a tow truck summoned or requested, or alleging it was summoned or requested, by a law enforcement officer or public agency pursuant to that agency's procedures to stop at the scene of an accident or near a disabled vehicle for the purpose of soliciting an engagement for towing services, either directly or indirectly, to furnish towing services, or that is expressly authorized to move a vehicle from a highway, street, or public property when the vehicle has been left unattended or when there is an injury as the result of an accident, shall possess all of the following in writing before leaving the scene:
(A) The identity of the law enforcement agency or public agency. (B) The log number, call number, incident number, or dispatch number assigned to the incident by law enforcement or the public agency, or the surname and badge number of the law enforcement officer, or the surname and employee identification number of the public agency employee.
(C) The date and time of the summons, request, or express authorization. (5) For purposes of this section, “writing” includes electronic records. (b) The towing company or the owner or operator of a tow truck shall make the written information described in subdivision (a) available to law enforcement, upon request, from the time it appears at the scene until the time the vehicle is towed and released to a third party, and shall maintain that information for three years. The towing company or owner or operator of a tow truck shall make that information available for inspection and copying within 48 hours of a written request from any officer or agent of a police department, sheriff's department, the 279
Department of the California Highway Patrol, the Attorney General's office, a district attorney's office, or a city attorney's office.
(c)(1) Prior to attaching a vehicle to the tow truck, if the vehicle owner or operator is present at the time and location of the anticipated tow, the towing company or the owner or operator of the tow truck shall furnish the vehicle's owner or operator with a written itemized estimate of all charges and services to be performed. The estimate shall include all of the following:
(A) The name, address, telephone number, and motor carrier permit number of the towing company.
(B) The license plate number of the tow truck performing the tow. (C) The first and last name of the towing operator, and if different than the towing operator, the first and last name of the person from the towing company furnishing the estimate. (D) A description and cost for all services, including, but not limited to, charges for labor, special equipment, mileage from dispatch to return, and storage fees, expressed as a 24-hour rate. (2) The tow truck operator shall obtain the vehicle owner or operator's signature on the itemized estimate and shall furnish a copy to the person who signed the estimate. (3) The requirements in paragraph (1) may be completed after the vehicle is attached and removed to the nearest safe shoulder or street if done at the request of law enforcement or a public agency, provided the estimate is furnished prior to the removal of the vehicle from the nearest safe shoulder or street.
(4) The towing company or the owner or operator of a tow truck shall maintain the written documents described in this subdivision for three years, and shall make them available for inspection and copying within 48 hours of a written request from any officer or agent of a police department, sheriff's department, the Department of the California Highway Patrol, the Attorney General's office, a district attorney's office, or a city attorney's office. (5) This subdivision does not apply to a towing company or the owner or operator of a tow truck summoned to the scene by a motor club, as defined by Section 12142 of the Insurance Code, pursuant to the request of the owner or operator of a disabled vehicle. (6) This subdivision does not apply to a towing company or the owner or operator of a tow truck summoned to the scene by law enforcement or a public agency pursuant to that agency's procedures, and operating at the scene pursuant to a contract with that law enforcement agency or public agency.
(d)(1) Except as provided in paragraph (2), a towing company or the owner or operator of a tow truck shall not charge a fee for towing or storage, or both, of a vehicle in excess of the greater of the following:
(A) The fee that would have been charged for that towing or storage, or both, made at the request of a law enforcement agency under an agreement between a towing company and the law 280
enforcement agency that exercises primary jurisdiction in the city in which the vehicle was, or was attempted to be, removed, or if not located within a city, the law enforcement agency that exercises primary jurisdiction in the county in which the vehicle was, or was attempted to be, removed.
(B) The fee that would have been charged for that towing or storage, or both, under the rate approved for that towing operator by the Department of the California Highway Patrol for the jurisdiction from which the vehicle was, or was attempted to be, removed. (2) Paragraph (1) does not apply to the towing or transportation of a vehicle or temporary storage of a vehicle in transit, if the towing or transportation is performed with the prior consent of the owner or operator of the vehicle.
(3) No charge shall be made in excess of the estimated price without the prior consent of the vehicle owner or operator.
(4) All services rendered by a tow company or tow truck operator, including any warranty or zero cost services, shall be recorded on an invoice, as described in subdivision (e) of Section 22651.07.

The towing company or the owner or operator of a tow truck shall maintain the written documents described in this subdivision for three years, and shall make the documents available for inspection and copying within 48 hours of a written request from any officer or agent of a police department, sheriff's department, the Department of the California Highway Patrol, the Attorney General's office, a district attorney's office, or a city attorney's office. (e) A person who willfully violates subdivision (b), (c), or (d) is guilty of a misdemeanor, punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail for not more than three months, or by both that fine and imprisonment.

Freeways; stopping, parking or leaving vehicles standing; exceptions to prohibition; violation; conviction (Cal. Veh. Code, § 21718)
(a) No person shall stop, park, or leave standing any vehicle upon a freeway which has full control of access and no crossings at grade except:
(1) When necessary to avoid injury or damage to persons or property. (2) When required by law or in obedience to a peace officer or official traffic control device. (3) When any person is actually engaged in maintenance or construction on freeway property or any employee of a public agency is actually engaged in the performance of official duties. (4) When any vehicle is so disabled that it is impossible to avoid temporarily stopping and another vehicle has been summoned to render assistance to the disabled vehicle or driver of the disabled vehicle. This paragraph applies when the vehicle summoned to render assistance is a vehicle owned by the donor of free emergency assistance that has been summoned by display upon or within a disabled vehicle of a placard or sign given to the driver of the disabled vehicle by the 281
donor for the specific purpose of summoning assistance, other than towing service, from the donor.
(5) Where stopping, standing, or parking is specifically permitted. However, buses may not stop on freeways unless sidewalks are provided with shoulders of sufficient width to permit stopping without interfering with the normal movement of traffic and without the possibility of crossing over fast lanes to reach the bus stop.
(6) Where necessary for any person to report a traffic accident or other situation or incident to a peace officer or any person specified in paragraph (3), either directly or by means of an emergency telephone or similar device.
(7) When necessary for the purpose of rapid removal of impediments to traffic by the owner or operator of a tow truck operating under an agreement with the Department of the California Highway Patrol.
(b) A conviction of a violation of this section is a conviction involving the safe operation of a motor vehicle upon the highway if a notice to appear for the violation was issued by a peace officer described in Section 830.1 or 830.2 of the Penal Code.

Towing and Service Charges; Credit Card or Cash Payment (Cal. Veh. Code, § 22651.1) Persons operating or in charge of any storage facility where vehicles are stored pursuant to Section 22651 shall accept a valid bank credit card or cash for payment of towing and storage by the registered owner, legal owner, or the owner's agent claiming the vehicle. A credit card shall be in the name of the person presenting the card. “Credit card” means “credit card” as defined in subdivision (a) of Section 1747.02 of the Civil Code, except, for the purposes of this section, credit card does not include a credit card issued by a retail seller. A person operating or in charge of any storage facility who refuses to accept a valid bank credit card shall be liable to the owner of the vehicle or to the person who tendered the fees for four times the amount of the towing and storage charges, but not to exceed five hundred dollars ($500). In addition, persons operating or in charge of the storage facility shall have sufficient funds on the premises to accommodate and make change in a reasonable monetary transaction.

Credit charges for towing and storage services shall comply with Section 1748.1 of the Civil Code. Law enforcement agencies may include the costs of providing for payment by credit when agreeing with a towing or storage provider on rates.

Release to Owner or Person in Control on Proof of Current Registration or on Issuance of Notice to Appear for Registration Violation; Posting of Notice (Cal. Veh. Code, § 22850.3) (a) A vehicle placed in storage pursuant to Section 22850 shall be released to the owner or person in control of the vehicle only if the owner or person furnishes, to the law enforcement agency or employee who placed the vehicle in storage, satisfactory proof of current vehicle registration.

The agency which caused the vehicle to be stored may, in its discretion, issue a notice to appear for the registration violation, if the two days immediately following the day of impoundment are weekend days or holidays.
282
(b) At every storage facility there shall be posted in a conspicuous place a notice to the effect that a vehicle placed in storage pursuant to Section 22850 may be released only on proof of current registration or, at the discretion of the impounding agency, upon the issuance of a notice to appear for the registration violation by the local agency which caused the vehicle to be stored, specifying the name and telephone number of that local agency.

Taillamps Generally; Stoplamps; Reflectors (Cal. Veh. Code, §§ 24600(f), 24603(c), 24607(d)) Section 24600(f)
(f) Taillamps on vehicles manufactured on or after January 1, 1969, shall be mounted not lower than 15 inches nor higher than 72 inches, except that a tow truck, in addition to being equipped with the required taillamps, may also be equipped with two taillamps which may be mounted not lower than 15 inches nor higher than the maximum allowable vehicle height and as far forward as the rearmost portion of the driver's seat in the rearmost position. The additional taillamps on a tow truck shall be lighted whenever the headlamps are lighted.

Section 24603(c)
(c) Except as provided in subdivision (h), stoplamps on vehicles manufactured on or after January 1, 1969, shall be mounted not lower than 15 inches nor higher than 72 inches, except that a tow truck or a repossessor’s tow vehicle, in addition to being equipped with the required stoplamps, may also be equipped with two stoplamps which may be mounted not lower than 15 inches nor higher than the maximum allowable vehicle height and as far forward as the rearmost portion of the driver’s seat in the rearmost position.

Section 24607(d)
(d) When more than one reflector is required, at least one shall be mounted at the left side and one at the right side, respectively, at the same level. Required reflectors shall be mounted not lower than 15 inches nor higher than 60 inches, except that a tow truck, in addition to being equipped with the required reflectors, may also be equipped with two reflectors which may be mounted not lower than 15 inches nor higher than the maximum allowable vehicle height and as far forward as the rearmost portion of the driver's seat in the rearmost position. Additional reflectors of a type meeting requirements established by the department may be mounted at any height.

Tow Trucks, Automobile Dismantler’s Tow Vehicle and Towed Vehicle (Cal. Veh. Code, § 24605) (a) A tow truck or an automobile dismantler’s tow vehicle used to tow a vehicle shall be equipped with and carry a taillamp, a stoplamp, and turn signal lamps for use on the rear of a towed vehicle. (b) Whenever a tow truck or an automobile dismantler's tow vehicle is towing a vehicle and a stoplamp and turn signal lamps cannot be lighted and displayed on the rear of the towed vehicle, the operator of the tow truck or the automobile dismantler’s tow vehicle shall display to the rear a stoplamp and turn signal lamps mounted on the towed vehicle, except as provided in subdivision (c). During darkness, if a taillamp on the towed vehicle cannot be lighted, the operator of the tow 283
truck or the automobile dismantler’s tow vehicle shall display to the rear a taillamp mounted on the towed vehicle. No other lighting equipment need be displayed on the towed vehicle. (c) Whenever any motor vehicle is towing another motor vehicle, stoplamps and turn signal lamps are not required on the towed motor vehicle, but only if a stoplamp and a turn signal lamp on each side of the rear of the towing vehicle is plainly visible to the rear of the towed vehicle. This subdivision does not apply to driveaway-towaway operations.

Utility Flood and Loading Lamps (Cal. Veh. Code, § 25110(a)(l), (b)) (a) The following vehicles may be equipped with utility flood or loading lamps mounted on the rear, and sides, that project a white light illuminating an area to the side or rear of the vehicle for a distance not to exceed 75 feet at the level of the roadway:
(1) Tow trucks that are used to tow disabled vehicles may display utility floodlights, but only during the period of preparation for towing at the location from which a disabled vehicle is to be towed.
(b) Lamps permitted under subdivision (a) shall not be lighted during darkness, except while the vehicle is parked, nor project any glaring light into the eyes of an approaching driver.

Warning Lights on Tow Trucks Used to Tow Disabled Vehicles (Cal. Veh. Code, § 25253) (a) Tow trucks used to tow disabled vehicles shall be equipped with flashing amber warning lamps. This subdivision does not apply to a tractor-trailer combination. (b) Tow trucks may display flashing amber warning lamps while providing service to a disabled vehicle. A flashing amber warning lamp upon a tow truck may be displayed to the rear when the tow truck is towing a vehicle and moving at a speed slower than the normal flow of traffic. (c) A tow truck shall not display flashing amber warning lamps on a freeway except when an unusual traffic hazard or extreme hazard exists.

Note: Vehicles used by automobile dismantlers to tow disabled vehicles may be equipped with flashing amber warning lights. Vehicles used by service stations or garages to occasionally render assistance to disabled vehicles are not tow trucks and are not permitted to be equipped with flashing amber warning lamps.

Use of Flashing Amber Warning Light (Cal. Veh. Code, § 25268) No person shall display a flashing amber warning light on a vehicle as permitted by this code except when an unusual traffic hazard exists.

Emergency Reflectors; Emergency Warning Signs or Banners; Disabled or Parked Vehicles (Cal.

Veh. Code, § 25300)
(a) Every vehicle which, if operated during darkness, would be subject to the requirements of Section 25100, and every truck tractor, irrespective of width, shall at all times be equipped with 284
at least three red emergency reflectors. The reflectors need be carried by only one vehicle in a combination.

All reflectors shall be maintained in good working condition. (b) When the vehicle is disabled on the roadway during darkness, reflectors of the type specified in subdivision (a) shall be immediately placed as follows:

One at the traffic side of the disabled vehicle, not more than 10 feet to the front or rear of the vehicle.

One at a distance of approximately 100 feet to the rear of the disabled vehicle in the center of the traffic lane occupied by the vehicle.

One at a distance of approximately 100 feet to the front of the disabled vehicle in the center of the traffic lane occupied by such vehicle.

If disablement of the vehicle occurs within 500 feet of a curve, crest of a hill, or other obstruction to view, the driver shall so place the reflectors in that direction as to afford ample warning to other users of the highway, but in no case less than 100 nor more than 500 feet from the disabled vehicle.

If disablement of the vehicle occurs upon any roadway of a divided or one-way highway, the driver shall place one reflector at a distance of approximately 200 feet and one reflector at a distance of approximately 100 feet to the rear of the vehicle in the center of the lane occupied by the stopped vehicle, and one reflector at the traffic side of the vehicle not more than 10 feet to the rear of the vehicle.
(c) When the vehicle is disabled or parked off the roadway but within 10 feet thereof during darkness, warning reflectors of the type specified in subdivision (a) shall be immediately placed by the driver as follows: one at a distance of approximately 200 feet and one at a distance of approximately 100 feet to the rear of the vehicle, and one at the traffic side of the vehicle not more than 10 feet to the rear of the vehicle. The reflectors shall, if possible, be placed between the edge of the roadway and the vehicle, but in no event less than two feet to the left of the widest portion of the vehicle or load thereon.
(d) (1) Until the reflectors required by this section can be placed properly, the requirements of this section may be complied with temporarily either by placing lighted red fusees or liquidburning flares in the required locations or by using turn signal lamps, but only if front turn signal lamps at each side are being flashed simultaneously and rear turn signal lamps at each side are being flashed simultaneously.
(2) The driver of a commercial motor vehicle equipped with fusees or liquid-burning flares shall place a lighted fusee or liquid-burning flare at each of the locations specified in subdivision (b).

There shall be at least one lighted fusee or liquid-burning flare at each of the prescribed locations for as long as the commercial motor vehicle is stopped. Before the stopped commercial vehicle is moved, the driver shall properly extinguish and remove each fusee or liquid-burning flare. 285
(3) If gasoline or any other flammable or combustible liquid or gas seeps or leaks from a fuel container or commercial motor vehicle stopped upon a highway, an emergency warning signal producing a flame shall not be lighted or placed except at a distance from the liquid or gas as will assure the prevention of a fire or explosion.
(4)(A) A driver shall not use or permit the use of any flame-producing emergency signal for protecting any of the following:
(i) A commercial vehicle transporting Division 1.1, Division 1.2, or Division 1.3 explosives, as classified by the United States Department of Transportation. (ii) A cargo tank motor vehicle, whether loaded or empty, used for the transportation of any Class 3 flammable liquid or Division 2.1 flammable gas, as classified by the United States Department of Transportation.
(iii) A commercial motor vehicle using compressed gas as a motor fuel. (B) In lieu of a flame-producing emergency signal, emergency reflective triangles, red electric lanterns, or red emergency reflectors shall be used, the placement of which shall be in the same manner as prescribed in Section 392.22(b) of Title 49 of the Code of Federal Regulations. (e) The reflectors shall be displayed continuously during darkness while the vehicle remains disabled upon the roadway or parked or disabled within 10 feet thereof. (f) Subdivisions (b), (c), (d), and (e) do not apply to a vehicle under either of the following circumstances:
(1) Parked in a legal position within the corporate limits of any city. (2) Parked in a legal position upon a roadway bounded by adjacent curbs. (g) In addition to the reflectors specified in subdivision (a), an emergency warning sign or banner may be attached to a vehicle which is disabled upon the roadway or which is parked or disabled within 10 feet of a roadway.

Use of Fusees (Cal. Veh. Code, § 25305)
(a) No person shall place, deposit, or display upon or adjacent to any highway any lighted fusee, except as a warning to approaching vehicular traffic or railroad trains, or both, of an existing hazard upon or adjacent to the highway or highway-railroad crossing. (b) It is unlawful to use any fusee which produces other than a red light. The provisions of this subdivision shall not apply to any railroad, as defined in Section 229 of the Public Utilities Code. (c) No person shall attach or permit any person to attach a lighted fusee to any part of a vehicle.

Condition of Brakes; Control and Stopping Requirements; Power brake; Single Control (Cal.

Veh. Code, §§ 26453, 26454(a)-(b), 26458)
286
Section 26453
All brakes and component parts thereof shall be maintained in good condition and in good working order. The brakes shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle.

Section 26454(a)-(b)
(a) The service brakes of every motor vehicle or combination of vehicles shall be adequate to control the movement of and to stop and hold the vehicle or combination of vehicles under all conditions of loading.
(b) Every motor vehicle or combination of vehicles, at any time and under all conditions of loading, shall, upon application of the service brake, be capable of stopping from an initial speed of 20 miles per hour according to the following requirements:

Maximum
Stopping
Distance
(feet)
(1) Passenger-carrying vehicles with a seating capacity of 10 or fewer persons, including the driver, and built on a passenger car chassis…………………….
20 (2) Passenger-carrying vehicles with a seating capacity of more than 10 persons, including the driver, and built on a passenger car chassis; vehicles built on a truck or bus chassis and having a GVWR of 10,000 pounds or less……………………………………….
25 (3) All other passenger-carrying vehicles……………… 35
(4) Single-unit property-carrying vehicles having a GVWR of 10,000 pounds or less…………………...
25 (5) Single-unit property-carrying vehicles having a GVWR of more than 10,000 pounds, except truck tractors; combinations of a 2-axle towing vehicle and trailer having a GVWR of 3,000 pounds or less; all combinations of 2 or fewer vehicles in driveaway or towaway operation…………………...
35 (6) All other property-carrying vehicles and combinations of propertycarrying vehicles……….. 40 Section 26458
(a) The braking system on every motor vehicle used to tow another vehicle shall be so 287
arranged that one control on the towing vehicle shall, when applied, operate all the service brakes on the power unit and combination of vehicles when either or both of the following conditions exist:

The towing vehicle is required to be equipped with power brakes.

The towed vehicle is required to be equipped with brakes and is equipped with power brakes.
(b) Subdivision (a) shall not be construed to prohibit motor vehicles from being equipped with an additional control to be used to operate the brakes on the trailer or trailers. (c) Subdivision (a) does not apply to any of the following combinations of vehicles, if the combination of vehicles meets the stopping distance requirements of Section 26454:

Vehicles engaged in driveaway-towaway operations.

Disabled vehicles, while being towed.

Towed motor vehicles.

Trailers equipped with inertially controlled brakes which are designed to be applied automatically upon breakaway from the towing vehicle and which are capable of stopping and holding the trailer stationary for not less than 15 minutes.

Required Equipment (Cal. Veh. Code, § 27700(a))
(a) Tow trucks shall be equipped with and carry all of the following:
(1) One or more brooms, and the driver of the tow truck engaged to remove a disabled vehicle from the scene of an accident shall remove all glass and debris deposited upon the roadway by the disabled vehicle which is to be towed.
(2) One or more shovels, and whenever practical the tow truck driver engaged to remove any disabled vehicle shall spread dirt upon that portion of the roadway where oil or grease has been deposited by the disabled vehicle;
(3) One or more fire extinguishers of the dry chemical or carbon dioxide type with an aggregate rating of at least 4-B, C units and bearing the approval of a laboratory nationally recognized as properly equipped to make the approval.

Tow Trucks, Repossessor’s Tow Vehicles or Automobile Dismantler’s Tow Vehicles (Cal. Veh.

Code, § 27907)
There shall be displayed in a conspicuous place on both the right and left side of a tow truck, a repossessor's tow vehicle, or an automobile dismantler's tow vehicle used to tow or carry vehicles a sign showing the name of the company or the owner or operator of the tow truck or tow vehicle.

The sign shall also contain the business address and telephone number of the owner or driver. 288
The letters and numbers of the sign shall not be less than 2 inches in height and shall be in contrast to the color of the background upon which they are placed.

A person licensed as a repossession agency pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code, or a registrant of the agency, may use the license number issued to the agency by the Department of Consumer Affairs in lieu of a name, business address, and telephone number.

NOTE: California Vehicle Code Section 25 prohibits the display of any sign, mark, or advertisement indicating an official connection with either the Department of Motor Vehicles or the Department of the California Highway Patrol unless such person has lawful authority, permission, or right to make such display.

Towing Requirements (Cal. Veh. Code, § 29004(a)-(c))
(a)(1) Except as required under paragraph (2), a towed vehicle shall be coupled to the towing vehicle by means of a safety chain, cable, or equivalent device in addition to the regular drawbar, tongue, or other connection.
(2) A vehicle towed by a tow truck shall be coupled to the tow truck by means of at least two safety chains in addition to the primary restraining system. The safety chains shall be securely affixed to the truck frame, bed, or towing equipment, independent of the towing sling, wheel lift, or under-reach towing equipment.
(3) A vehicle transported on a slide back carrier tow truck or on a trailer shall be secured by at least four tiedown chains, straps, or an equivalent device, independent of the winch or loading cable. This subdivision does not apply to vehicle bodies that are being transported in compliance with Sections 393.100 to 393.136, inclusive, of Title 49 of the Code of Federal Regulations. (b) All safety connections and attachments shall be of sufficient strength to control the towed vehicle in the event of failure of the regular hitch, coupling device, drawbar, tongue, or other connection. All safety connections and attachments also shall have a positive means of ensuring that the safety connection or attachment does not become dislodged while in transit. (c) No more slack may be left in a safety chain, cable, or equivalent device than is necessary to permit proper turning. When a drawbar is used as the towing connection, the safety chain, cable, or equivalent device shall be connected to the towed and towing vehicle and to the drawbar so as to prevent the drawbar from dropping to the ground if the drawbar fails. 289

EXHIBIT B

EQUIPMENT SPECIFICATIONS AND USE REQUIREMENTS
I. GENERAL EQUIPMENT SPECIFICATIONS AND USE EQUIPMENT:
a. Tow Truck and Car Carrier Classifications: Tow truck and car carrier classifications are based on the truck chassis GVWR, and the classification system used by the American Trucking Association (ATA) and truck manufacturers.

ATA and Manufacturers Classification CHP Classification a. Class 3 - 10,000-14,000 lbs. GVWR (Class A Tow Trucks) b. Class 4 - 14,001-16,000 lbs. GVWR (Class A Tow Trucks) c. Class 5 - 16,001-19,500 lbs. GVWR (Class A Tow Trucks) d. Class 6 - 19,501-26,000 lbs. GVWR (Class B Tow Trucks) e. Class 7 - 26,001-33,000 lbs. GVWR (Class B Tow Trucks) f. Class 8 - 33,001-or more GVWR (Class B Tow Trucks)
b. Equipment Limitations. All towing equipment, recovery equipment, and carrier ratings are based on structural factors only. Actual towing, carrying, and recovery capacity may be limited by the capacity of the chassis and the optional equipment selected.
c. Towing Limitations.
1) The total weight of the truck, including the lifted load, shall fall within the GVWR and not exceed either the front axle weight ratings (FAWR) or rear axle weight ratings (RAWR).
2) The truck must meet all applicable state and/or federal standards. 3) The front axle load must be at least fifty percent (50%) of its normal or unladen weight after the load is lifted.
d. Identification Labels. Each piece of towing equipment shall have a label or identification tag permanently affixed to the equipment in a prominent location to identify the manufacturer, serial number, model, and rated capacity. e. Recovery Equipment Rating. The basic performance rating of the recovery equipment is the weight the equipment can lift in a winching mode, when the boom is static at a 30-degree elevation with the load lines vertical and the lifting cables sharing the load equally, measured with a live load (weight or load cell). 1) The structural design of the recovery equipment must have a higher load capacity than the performance rating(s).
2) Winches shall conform to or exceed the specifications set forth by the Society of Automotive Engineers (SAE) Handbook, SAE 1706. 3) All ratings for cable and chain assemblies are for the undamaged assembly condition. All cable and chain assemblies should be the same type, 290
construction, and rating as specified by the original equipment manufacturer (OEM) for the equipment
f. Safety Chains. Safety chains shall be rated at no less than the rating specified by the OEM.
1) Two safety chains shall be used for vehicles being towed. The safety chains shall be securely affixed to the truck bed frame or wrecker boom, independent of the towing sling, bar or hitch, wheel lift, or under-lift towing equipment. The towed vehicle shall be secured to the towing equipment independent of the safety chains by either two chains or two straps. 2) Vehicles being transported on slide back carriers shall be secured by four tie-down chains or straps independent of the winch or loading cable. 3) All safety connections and attachments shall have a positive means of sufficient strength, to ensure that the safety connection or attachment cannot become disengaged while in transit.
g. Control/Safety Labels. All controls shall be clearly marked to indicate proper operations, as well as any special warnings or cautions. h. Signs. All tow trucks shall display signs on both sides containing Operator’s company name, business address, and telephone number. The signs shall be permanently affixed and in compliance with the requirements of Section 27907 of the California Vehicle Code.
i. Wire Rope (Cable). Wire rope shall be maintained in good condition. Only wire rope with swaged ends, wedge locks, or braided ends, with metal sleeves in the loops, shall be approved for use as approved by the CHP. Wire rope is not in good condition when it is stranded, knotted, crushed, excessively rusty, kinked, badly worn, when there are twelve (12) or more wires broken in lay length, or where there is other visible evidence of loss of strength.

II. TOW TRUCK CLASSIFICATIONS AND EQUIPMENT SPECIFICATIONS a. Class A Tow Truck Minimum Equipment Specifications:
4) 10,000 pound GVWR chassis.
5) 4-ton recovery equipment rating.
6) Hydraulic or mechanical winch(es).
7) 100 ft. 3/8” x 19 cable or original equipment manufacturers (OEM) specifications.
8) Tow chains, 5/16” alloy or OEM specifications, J/T hook assembly. 9) Safety chains, 5/16” alloy or OEM specifications.
10) Tow sling rating 3,000 pounds, when equipped.
11) Wheel lift safety straps or equivalent mechanical device. 12) All required wheel safety straps, or equivalent wheel retention device, tiedown straps, and safety chains shall be used during towing operations. 291
13) Tow dolly.
14) One 3-ton snatch block.
15) Wheel lift rating - retracted 3,000 pounds.
b. Class A Car Carrier - One Car Minimum Equipment Specifications:
1) 10,000 pound GVWR chassis.
2) Hydraulic or mechanical winch.
3) 50 ft. 3/8” 6 x 19 cable or OEM specifications.
4) J/T hook loading bridle/chains.
5) Safety chains, 5/16” alloy or OEM specifications; four safety chains for the vehicle being transported.
6) All required tie-down straps and safety chains shall be used as required during towing operations.
c. Class A Car Carrier - Two Cars Minimum Equipment Specifications:
1) 16,001 pound GVWR chassis.
2) Hydraulic or mechanical winch.
3) 50 ft. 3/8” 6 x 19 cable or OEM specifications.
4) J/T hook loading bridle/chains.
5) Safety chains 5/16” alloy or OEM specifications; four safety chains for the vehicle being transported and two safety chains for the vehicle being towed. 6) All required tie-down straps and safety chains shall be used during towing operations.
d. Class B Tow Truck Minimum Equipment Specifications:
1) 19,501 pound GVWR chassis.
2) Air brakes or hydraulic w/air hookup package.
3) 14-ton recovery equipment rating.
4) Hydraulic or mechanical winch(es).
5) 150 ft. 7/16” 6 x 10 cable or OEM specifications.
6) Tow chains, 1/2” alloy or OEM specifications.
7) Safety chains, 1/2” alloy or OEM specifications.
8) Tow sling rating 7,000 pounds.
9) Two 8-ton snatch blocks.
10) Wheel lift safety straps or equivalent mechanical device. 11) All required wheel safety straps, or equivalent wheel retention device, tiedown straps, and safety chains shall be used during towing operations. 292
12) Wheel lift or under lift rating - retracted, 10,000 pounds. e. Class B Car Carrier Minimum Equipment Specifications:
1) 19,501 pound GVWR chassis.
2) Hydraulic or mechanical winch.
3) 50 ft. 3/8” 6 19 cable or OEM specifications.
4) J/T hook loading bridle/chains.
5) Safety chains, 5/16” alloy or OEM specifications; four safety chains for each vehicle being transported and two safety chains for the vehicle being towed.
6) All required tie-down straps and safety chains shall be used during towing operations.
f. Class C Tow Truck Minimum Equipment Specifications:
1) 33,000 pound GVWR chassis.
2) Air brakes w/air hookup package and single control compressor. 3) 25-ton recovery equipment rating.
4) Hydraulic or mechanical winch(es).
5) 200 ft. 5/8” 6 x 19 cable or OEM specifications.
6) Tow chains, 5/8” alloy or OEM specifications.
7) Safety chains, 5/8” alloy or OEM specifications.
8) Tow sling rating 12,000 pounds.
9) Two 12-ton snatch blocks.
10) Under lift rating - retracted, 25,000 pounds.
g. Class D Tow Truck Minimum Equipment Specifications:
1) 50,000 pound GVWR chassis.
2) Air brakes w/air hookup package.
3) 30-ton recovery equipment rating.
4) Hydraulic or mechanical winch(es).
5) 250 ft. 3/4” 6 x 19 cable or OEM specifications.
6) Tow chains, 5/8” alloy or OEM specifications.
7) Safety chains, 5/8” alloy or OEM specifications.
8) Tow sling rating 20,000 pounds.
9) Two 12-ton snatch blocks.
10) Under lift rating - retracted, 32,000 pounds.
293
III. AUXILIARY EQUIPMENT
a. Required Equipment All Classes:
1) Extension - Brake and tail lamps.
2) Fire Extinguisher (Approved 4-B, C rating or better). 3) Flashlight.
4) Broom.
5) Shovel.
6) Wrecking bar (large pry bar).
7) Reflective triangles.
8) Equivalent of six 30-minute flares.
9) Covered trans can(s) with absorbent.
10) Shop rags and/or paper towels.
11) Shop to truck communications (C/B and cellular phones excluded). b. Service and Other Equipment - (For service calls, each tow truck shall be equipped with the following service equipment):
1) Adequate emergency supply of fuel in an approved container. 2) Booster battery or hot box starting system.
3) Hydraulic jack capable of handling passenger cars and light trucks. 4) Metric and standard lug wrenches.
5) Rubber mallet/hub cap tool.
6) Lockout tools.
7) Motorcycle straps (Class A only).
8) Sledge hammer.
9) Tool kit may include:
a) Assorted open end wrenches; standard 1/4” - 7/8” and Metric, 6- 19 mm.
b) Assorted screwdrivers; Straight blade, Phillips and Torx. c) Crescent wrench.
d) Ball peen hammer.
e) Pliers.
f) Battery and terminal cleaning tools.
g) Mechanic’s wire.
h) Plastic electrical tape/duct tape.
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i) Tire valve core tool.
j) Miscellaneous fuses.
k) Small pry bar.
l) Socket Sets; 1/4” - I” and 6-19 mm.
m) Ratchet and extensions.
c. Class A Required Equipment:
1) One 3-ton rated snatch block.
2) Towing sling - J/T hook tow chain assembly, a 4” x 4” x 48” and a 4” x 4” x 60” wooden crossbeam, a pair of spacer blocks, a steering wheel clamp, a towing dolly, and safety chains.
3) Wheel lift - Wheel safety straps or equivalent mechanical device, steering wheel clamp, towing dolly, and safety chains.
4) Car carrier - J/T Hook loading bridle, a 4” x 4” x 48” and 4” x 4” x 60” wooden crossbeam, a pair of spacer blocks, and two pairs of safety chains. d. Class B Required Equipment:
1) Towing sling - J/T hook tow chain assembly, a 4” x 4” x 48” and a 4” x 4” x 60” wooden crossbeam, a pair of spacer blocks, a steering wheel clamp, a towing dolly, and safety chains.
2) Wheel lift - Wheel safety straps or equivalent mechanical device, steering wheel clamp, towing dolly, and safety chains.
3) Truck hitch - Tow chain assembly, 4” x 4” x 60” and 6” x 6” x 60” wooden crossbeams (as necessary), aluminum tow angle(s), and safety chains. 4) Under lift - Assortment of lift forks/adapters, safety tie-down chains, and safety chains.
5) Two 8-ton rated snatch blocks.
6) Air hoses and necessary fittings to provide air to the towed vehicle. e. Classes C and D Required Equipment:
1) Towing sling - Tow chain assembly, 4” x 4” x 60” and 6” x 6” x 60” wooden crossbeam, a pair of spacer blocks, a steering wheel clamp, and safety chains.
2) Truck hitch - Tow chain assembly, 4” x 4” x 60” and 6” x 6” x 60” wooden crossbeams (as necessary), aluminum tow angle(s), and safety chains. 3) Under reach - Assortment of lift forks/adapters, safety tie-down chain(s), and safety chains.
4) Steering wheel clamp.
5) Two 12-ton rated snatch blocks.
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6) Air hoses and necessary fittings to provide air to the towed vehicle. 296

EXHIBIT C

RATES FOR TOWING AND STORAGE SERVICES REQUESTED BY THE BANNING

POLICE DEPARTMENT
The following rate structure shall apply for all towing and storage services requested by the City of Banning Police Department (“BPD”) and/or the City of Banning Code Enforcement Department (“BCED”).

Operator’s fees and rates charged to customers towed pursuant to City request must remain within ten percent (10%) of the amounts set forth in this Exhibit C. If rates charged to tow customers pursuant to City request exceed ten percent (10%) of these rates, the City may declare a Default.

With respect to all towing service rates set forth in Sections A and B below (and only Sections A and B), Operator may add-on $138.00 to recover the City’s cost of service as specified in Section 23(a) of this Agreement. Rates below include the $138 admin charge:

A. BASE TOWING RATE (Light Duty- Class A)
$280.00 PER HOUR
The base rate per tow shall apply to all towed passenger vehicles and trucks rated at less than 10,000 lbs. gross vehicle weight. This rate also applies to difficult removal work involving the removal of vehicles from deep ditches or flood control channels or burning apart of two entangled vehicles.

B. HEAVY DUTY HOURLY TOWING RATE:

1. TWO (2) AXLE CATEGORY (Medium Duty- Class B):
$350.00 PER HOUR
The two (2) axle category shall apply to all towed vehicles with a rate capacity of 10,000 lbs. gross vehicle weight to, but not including, vehicles with 30,000 lbs. gross vehicle weight.

2. THREE (3) AXLE CATEGORY (Heavy Duty- Class C):
$400.00 PER HOUR
The three (3) axle hourly rate shall apply to all towed vehicles with a rate capacity of 30,000 pounds’ gross vehicle weight or more.

The hourly rate for heavy duty towing (two and three axle) shall commence when the tow truck arrives on the scene and includes difficult removal work involving the removal of vehicles from deep ditches or flood control channels, burning apart two entangled vehicles, up righting overturned vehicles, and the use of special equipment and preparation prior to towing.

3. THREE (3) AXLE CATEGORY (Extra Heavy Duty- Class D):
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PER HOUR TBD (not available service, subcontractor option) The three (3) axle extra heavy duty hourly rate shall apply to all towed vehicles with a rate capacity of 50,000 pounds’ gross vehicle weight or more.

The hourly rate for extra heavy duty towing (three and four axle) shall commence when the tow truck arrives on the scene and includes difficult removal work involving the removal of vehicles from deep ditches or flood control channels, burning apart two entangled vehicles, up righting overturned vehicles, and the use of special equipment and preparation prior to towing.

C. CHARGES FOR RELATED SERVICES:

1. CITY VEHICLE/EVIDENCE TOWS: No Charge/No Towing Program Fee With respect to a BPD/BCED request for a tow of a City-owned vehicle or a vehicle being towed for BPD/BCED’s evidence uses, there shall be no charge for such services at a maximum distance of one hundred (100) miles round-trip, which the distance shall commence at the departure location of the tow truck. Operator shall not be required to pay a Towing Program Fee ($138.00) with respect to these tows.

D. STORAGE: (Per Day)
Class A-Inside Storage $100.00 Per Day (reserved for
High Value Vehicles only
Class B-Inside Storage Not available
Class C-Inside Storage Not available
Class D-Inside Storage Not available
Class A-Outside Storage $95.00 Per Day
Class B-Outside Storage $100.00 Per Day
Class C-Outside Storage $100.00 Per Day
Class D-Outside Storage $100.00 Per Day
The above standard rates apply per vehicle for storage per twenty-four (24) hour period, or any portion thereof. Notwithstanding the foregoing, Operator shall not charge a storage fee to the vehicle owner or the City for the period during which a vehicle is stored by BPD or BCED on City-owned property for the processing of evidence. Operator is only entitled to charge a storage fee for the day(s) that vehicles are stored in Operator’s storage facility.

E. ADDITIONAL CONDITIONS:

1. Above towing charges shall apply regardless of the location from which the tow is made or the location of the storage area or garage where the vehicle is delivered.

Such towing charges shall include any and all clearing and cleanup of the accident site by the tow truck operator, as required by the BPD or BCED in its sole and absolute discretion.
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2. There shall be no additional charge for righting an overturned passenger car or light pickup truck, if towing is involved.

3. There shall be no additional charge for disconnecting a drive shaft where required for towing.

4. The service of reconnecting the drive shaft, in the event such reconnecting is necessary, shall be performed without additional charge.

F. RATE SCHEDULE:

1. The rates charged by Operator for towing and storage services shall be applicable for the entire term of this Agreement. Should there be a dispute regarding the fees and charges for towing and/or storage of vehicles or other charges, the dispute shall be decided by the Contract Administrator in his or her sole discretion. Such decision by the Contract Administrator shall be final and binding upon Operator; and Operator shall not make any demand upon the owner of the vehicle for a sum in excess of the amount determined by the Contract Administrator.

2. Adjustment to Towing/Storage Rates. Towing and storage rates may be reviewed annually, and adjusted to match the local rates provided in the published report established each year by the CHP. Operator must notify the Contract Administrator in writing of a request for any tow and storage rate increase to match the CHP rates.

The Banning Police Department will verify any rate increases with the CHP. Any disputes will be reconciled through a meeting between the Contract Administrator, and Operator’s duly-authorized representative. If the rate increases are verified and approved, the new rates will take effect on January 1st of that following year.

Operator agrees that the determination of the Contract Administrator concerning tow and storage rates shall be final.

G. COLLECTION OF FEES IMPOSED BY AND ON BEHALF OF THE CITY.

Operator understands and accepts that it is the City’s obligation to collect any fees imposed by, and on behalf of, the City of Banning related to towing, storage, release of vehicles, including but not limited to, vehicles stored/impounded for State violations.

All vehicle impounds, storage, and forfeitures resulting from the City’s enforcement of California Vehicle Code Sections 14602.6, 14602.7, and 14607.6, and any related statutes.

BPD may inspect copies of all lien sale transactions and/or copies of all documents related to these transactions.
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EXHIBIT D

ACKNOWLEDGEMENT TO BE SIGNED BY ALL TOWING EMPLOYEES

1. DRIVER INFORMATION GENERALLY
a. Drivers shall be at least eighteen (18) years old and possess the following minimum class driver license.
1) Class A tow truck - A valid Class C license, or a valid Class A license with valid medical certificate.
2) Class B tow truck - A valid Class C license for non-regulated vehicles, or a valid Class A license with valid medical certificate for regulated vehicles pursuant to California Vehicle Code Section 34500.
3) Class C and D tow trucks - A valid Class A license with valid medical certificate.
b. The Class A license must be endorsed to allow operation of special vehicle configurations and/or special cargoes as described herein. c. All Drivers shall be enrolled in the Employer Pull Notice Program (“EPN”). 1) Upon the addition of new drivers, an Operator will be granted a maximum of thirty (30) days to enroll drivers in the Pull Notice Program. 2) Pull Notices shall be kept on file, signed and dated by Operator. d. Drivers shall wear an identifiable uniform shirt displaying the company and Driver’s names while engaged in BPD or BCED rotation tow operations. They will not wear any hat, head covering, or garment that displays any logo other than the logo of Operator.
e. Drivers shall wear a safety vest or reflectorized clothing, meeting Occupational Safety and Health Administration (OSHA) requirements.
f. Employees shall refrain from any act(s) of misconduct, including, but not limited to, any of the following:
1) Rude or discourteous behavior.
2) Lack of service, selective service, or refusal to provide service which employee is or should be capable of performing.
3) Any act of sexual harassment or sexual impropriety.
4) Unsafe driving.
5) Exhibiting any objective symptoms of alcohol and/or drug use. 6) Appearing at the scene of a BPD or BCED call with the odor of an alcoholic beverage emitting from his or her breath. Drivers shall submit to a preliminary alcohol screening test upon demand of the BPD. 300
7) Use of radios or other music equipment or telephone ringers at levels that are excessively loud or cause disturbance to neighbors, as determined in the BPD’s or BCED’s sole and absolute discretion.
8) Animals on premises, except watchdogs. However, watchdogs shall be maintained within Operator’s premises by a fence that is adequate to contain the dog within the premises. The BPD or BCED may require Operator to remove the dog from the premises if, in the BPD’s or BCED’s sole and absolute discretion, the dog barks excessively.
9) In the event of a misdemeanor traffic violation(s) by Driver(s) which is/are known by the BPD, the BPD shall advise Operator of the violation(s) Operator will be granted the opportunity to take necessary steps to ensure that such Driver(s) drive(s) in compliance with law. Any subsequent traffic violation(s) by Operator and/or the involved employee may be cause for appropriate disciplinary action against Operator and/or the involved employee(s).
10) Any traffic violation(s) involving a felony may be cause for immediate disciplinary action against Driver.
g. Any arrest, charge, or conviction of Operator, its employee(s), officer(s), or agent(s) involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a drug related offense, felony 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 BPD and/or BCED tow call, or moral turpitude shall be cause for suspension of Operator, it’s employee(s), officer(s), or agent(s), or immediate termination this Agreement. h. All surfaces of any Operator storage facility shall be in good repair without broken parts, holes, potholes, or litter and in such a condition that ensures that no damage to vehicles will result. Employees shall prevent contamination of soil with gasoline, oil, grease, or any other contaminating substance as specified by federal, state, and local laws.
i. The BPD or BCED will complete a detailed written inventory of all personal property in any vehicle which is towed and stored or towed and impounded by Operator at their request, and the responding Driver shall complete the appropriate section on the BPD’s or BCED’s form and shall sign said form. A copy of said signed form shall be given to the responding Driver and shall be retained by Operator.
j. Under no circumstances may a vehicle and/or personal property located in a vehicle be released by Operator to the vehicle owner or his or her designated representative without the express written permission from the BPD and/or the BCE.

2. RATES AND TIME CHARGED FOR BPD/BCED CALLS
a. Rates charged to vehicle owners for calls originating from the City shall not exceed ten percent (10%) of the maximum rate amounts for towing and impounds chargeable to vehicle owners as determined by the California Highway Patrol (“CHP”) for the Banning region. The CHP-approved rates are those contained in 301
Exhibit C to this Agreement. If the CHP authorizes or amends new maximum rates for towing services, then the Parties may, without further City Council authorization, amend or replace Exhibit C to be consistent with the CHP’s rate structure. The City shall not unreasonably deny or withhold its approval of any amendment to Exhibit C so long as they are consistent with CHP-approved rates.
b. Regardless of the class of tow truck utilized or responding to the call, charges shall not be more than for the class of vehicle towed or serviced, except when an operation involving the process of up righting an overturned vehicle or returning a vehicle to a normal position on the roadway that required the use of auxiliary equipment due to the size or location of the vehicle occurs (“Vehicle Recovery Operations”), thereby requiring a larger class of tow truck. This will normally be limited to operations requiring a Class B, C, or D tow truck(s). c. The rate of towing shall be computed beginning from the time of departure from the place of business or point of dispatch whichever is closer to the location of the call, and shall end at the estimated time of return to the place of business or the completion of the call, if another call is pending, whichever is shorter. Return to place of business includes a reasonable and verifiable amount of time required to place the tow truck back into service when unusual circumstances require additional time that is not part of normal operating procedures. (Examples: (i) 4x4 recovery in the mud; reasonable to charge for cleaning mud from truck and equipment; (ii) burned car on car carrier: reasonable to charge for cleaning burn debris from carrier bed; (iii) car towed from side of road on misty night and leaves mud track on bed of carrier: not reasonable to charge for cleaning of carrier bed.) (“Portal to Portal”).) Time expended shall be charged at a rate not to exceed the authorized hourly rate.

Time expended in excess of the minimums shall also be at the hourly rate in no more than one (1) minute increments. There shall be no additional charges, including, without limitation, mileage or labor charges. 1) Operator may charge the registered vehicle owner up to a thirty (30) minute minimum per call for 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 a BPD officer or BCED officer (“Base Service”). 2) Operator may charge the registered vehicle owner up to a one-(1)-hour minimum per call on public safety response calls, which means a response that results in the storage of a vehicle at the direction of a BPD officer or a BCED officer and does not include storage at the request of the vehicle operator, registered owner, or agent.
3) Operator shall base towing charges upon the class of vehicle being towed regardless of the class of truck used, except when vehicle recovery operations require a larger class truck.

3. RESPONSE TIME
a. Responsive Service. Drivers shall respond to the BPD and BCED calls twenty-four (24) hours per day, seven (7) days per week, within the maximum response time established by this Agreement. “Response time” shall mean the period of time from Operator’s notification by the BPD or BCED dispatch of a call to the arrival of the 302
tow truck at the location requested. When Operator will be temporarily unavailable to provide services due to a preplanned or scheduled activity (e.g., vacations, maintenance, medical leave), Operator’s representative shall notify the BPD and BCED at least twenty-four (24) hours prior to the date that services will be unavailable, noting the times and dates of the unavailability. Operator shall respond with a tow truck of the class required to tow the vehicle specified by the BPD and/or BCED. If, after accepting the call, Operator is unable to respond or will be delayed in responding, Operator shall immediately notify the BPD and/or BCED dispatch.

In such case, the BPD and/or BCED shall have the right to use an alternative tow operator holding a towing franchise to provide the services for such call. Operator shall not assign any calls to other tow operators.
1) Response Times: Employees shall respond to BPD and BCED calls for critical tow circumstances (e.g., traffic collisions, impounds, hazards, road blockages) within twenty (20) minutes.
a) Response Time. Operator’s response to calls from the BPD and BCED for towing service shall not exceed twenty (20) minutes from the time Operator received the request from the BPD or BCED to the time the tow vehicle arrives at the location from which the tow is to be made.
b) Three Axle Tow Truck. The maximum response time
notwithstanding, when a three axle tow truck is required and Operator subcontracts for use of three (3) axle tow truck, Operator’s shall not exceed thirty (30) minutes.
c) If Operator has not arrived on the scene within the twenty-minute maximum time, the BPD or BCED may request a tow vehicle from another tow operator specified on the rotation list, and Operator may not take the tow. A failure to respond and perform required towing or service and/or repeated failure(s) to meet the maximum response time requirements shall constitute failure to comply with the terms and conditions of this Agreement. The Contract Administrator may, in his or her sole and absolute discretion, take immediate disciplinary action for and flagrant violation of the requirement to respond within the maximum response time.
d) Upon receiving requests for tow service by the BPD or BCED, Operator shall record the time such requests are made and the time at which a tow vehicle is dispatched and maintain such record for at least six (6) months.
b. In responding to a BPD or BCED call, the Driver shall perform the towing or service required for which Operator was called. This requirement may be waived by the BPD or BCED Officer-in-Charge, if the requested equipment is inadequate for the service to be performed; provided, however, if Operator supplies the wrong equipment, the BPD and/or BCED shall have the automatic and immediate right to use an alternative tow operator holding a towing franchise with the City to provide the services for such call.
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c. Drivers shall not respond to a BPD or BCED call assigned to another tow truck operator unless requested to do so by the BPD or BCED. If a tow truck operator assigned to the initial BPD or BCED call requires the assistance of an additional operator at the scene, the tow truck operator assigned to the initial call may, subject to the prior approval of the BPD or BCED Officer-in-Charge, request the assistance of Operator. If Operator, who was not called to a scene, comes upon a collision scene where a vehicle or vehicles are blocking a roadway and a BPD or BCED Officer-in-Charge requests its assistance in clearing the roadway, Operator may be requested to move the vehicle to a safe location, as directed by the officer, and leave the vehicle.
d. Only the actual number and type of tow truck personnel and equipment requested by the BPD or BCED from Operator shall respond to a BPD or BCED call.

Additional tow truck personnel and equipment shall be pre-approved by the BPD or BCED Officer-in-Charge. This shall not preclude the Driver from responding to an incident to ascertain if additional assistance or equipment is required. There shall be no additional charge by Operator for any personnel or equipment that is not necessary to perform the required service.

4. GENERAL EQUIPMENT SPECIFICATIONS AND USE EQUIPMENT
a. Tow Truck and Car Carrier Classifications: Tow truck and car carrier classifications are based on the truck chassis GVWR, and the classification system used by the American Trucking Association (ATA) and truck manufacturers.

ATA and Manufacturers Classification CHP Classification Class 3 - 10,000-14,000 lbs. GVWR (Class A Tow Trucks)
Class 4 - 14,001-16,000 lbs. GVWR (Class A Tow Trucks)
Class 5 - 16,001-19,500 lbs. GVWR (Class A Tow Trucks)
Class 6 - 19,501-26,000 lbs. GVWR (Class B Tow Trucks)
Class 7 - 26,001-33,000 lbs. GVWR (Class B Tow Trucks)
Class 8 - 33,001-or more GVWR (Class B Tow Trucks)
b. Equipment Limitations. All towing equipment, recovery equipment, and carrier ratings are based on structural factors only. Actual towing, carrying, and recovery capacity may be limited by the capacity of the chassis and the optional equipment selected.
c. Towing Limitations.
1) The total weight of the truck, including the lifted load, shall fall within the GVWR and not exceed either the front axle weight ratings (FAWR) or rear axle weight ratings (RAWR).
2) The truck must meet all applicable state and/or federal standards. 3) The front axle load must be at least fifty percent (50%) of its normal or unladen weight after the load is lifted.
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d. Identification Labels. Each piece of towing equipment shall have a label or identification tag permanently affixed to the equipment in a prominent location to identify the manufacturer, serial number, model, and rated capacity. e. Recovery Equipment Rating. The basic performance rating of the recovery equipment is the weight the equipment can lift in a winching mode, when the boom is static at a 30-degree elevation with the load lines vertical and the lifting cables sharing the load equally, measured with a live load (weight or load cell). 1) The structural design of the recovery equipment must have a higher load capacity than the performance rating(s).
2) Winches shall conform to or exceed the specifications set forth by the Society of Automotive Engineers (SAE) Handbook, SAE 1706. 3) All ratings for cable and chain assemblies are for the undamaged assembly condition. All cable and chain assemblies should be the same type, construction, and rating as specified by the original equipment manufacturer (OEM) for the equipment.
f. Safety Chains. Safety chains shall be rated at no less than the rating specified by the OEM.
1) Two safety chains shall be used for vehicles being towed. The safety chains shall be securely affixed to the truck bed frame or wrecker boom, independent of the towing sling, bar or hitch, wheel lift, or under-lift towing equipment. The towed vehicle shall be secured to the towing equipment independent of the safety chains by either two chains or two straps. 2) Vehicles being transported on slide back earners shall be secured by four tie-down chains or straps independent of the winch or loading cable. 3) All safety connections and attachments shall have a positive means of sufficient strength, to ensure that the safety connection or attachment cannot become disengaged while m transit.
g. Control/Safety Labels. All controls shall be clearly marked to indicate proper operations, as well as any special warnings or cautions h. Signs. All tow trucks shall display signs on both sides containing Operator’s company name, business address, and telephone number. The signs shall be permanently affixed and in compliance with the requirements of Section 27907 of the California Vehicle Code.
i. Wire Rope (Cable). Wire rope shall be maintained in good condition. Only wire rope with swaged ends, wedge locks, or braided ends, with metal sleeves in the loops, shall be approved for use as approved by the CHP. Wire rope is not in good condition when it is stranded, knotted, crushed, excessively rusty, kinked, badly worn, when there are twelve (12) or more wires broken in lay length, or where there is other visible evidence of loss of strength.

5. TOW TRUCK CLASSIFICATIONS AND EQUIPMENT SPECIFICATIONS a. Class A Tow Truck Minimum Equipment Specifications:
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1) 10,000 pound GVWR chassis.
2) 4-ton recovery equipment rating.
3) Hydraulic or mechanical winch(es).
4) 100 ft. 3/8” x 19 cable or original equipment manufacturers (OEM) specifications.
5) Tow chains, 5/16” alloy or OEM specifications, J/T hook assembly. 6) Safety chains, 5/16” alloy or OEM specifications.
7) Tow sling rating 3,000 pounds, when equipped.
8) Wheel lift safety straps or equivalent mechanical device. 9) All required wheel safety straps, or equivalent wheel retention device, tiedown straps, and safety chains shall be used during towing operations. 10) Tow dolly.
11) One 3-ton snatch block.
12) Wheel lift rating - retracted 3,000 pounds.
b. Class A Car Carrier - One Car Minimum Equipment Specifications 1) 10,000 pound GVWR chassis.
2) Hydraulic or mechanical winch.
3) 50 ft. 3/8” 6 x 19 cable or OEM specifications.
4) J/T hook loading bridle/chains.
5) Safety chains, 5/16” alloy or OEM specifications; four safety chains for the vehicle being transported.
6) All required tie-down straps and safety chains shall be used as required during towing operations.
c. Class A Car Carrier - Two Cars Minimum Equipment Specifications 1) 16,001 pound GVWR chassis.
2) Hydraulic or mechanical winch.
3) 50 ft. 3/8” 6 x 19 cable or OEM specifications.
4) J/T hook loading bridle/chains.
5) Safety chains 5/16” alloy or OEM specifications; four safety chains for the vehicle being transported and two safety chains for the vehicle being towed. 6) All required tie-down straps and safety chains shall be used during towing operations.
d. Class B Tow Truck Minimum Equipment Specifications
1) 19,501 pound GVWR chassis.
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2) Air brakes or hydraulic w/air hookup package.
3) 14-ton recovery equipment rating.
4) Hydraulic or mechanical winch(es).
5) 150 ft. 7/16” 6 x 10 cable or OEM specifications.
6) Tow chains, 1/2” alloy or OEM specifications.
7) Safety chains, 1/2” alloy or OEM specifications.
8) Tow sling rating 7,000 pounds.
9) Two 8-ton snatch blocks.
10) Wheel lift safety straps or equivalent mechanical device. 11) All required wheel safety straps, or equivalent wheel retention device, tiedown straps, and safety chains shall be used during towing operations. 12) Wheel lift or under lift rating - retracted, 10,000 pounds. e. Class B Car Carrier Minimum Equipment Specifications 1) 19,501 pound GVWR chassis
2) Hydraulic or mechanical winch.
3) 50 ft. 3/8” 6 19 cable or OEM specifications.
4) J/T hook loading bridle/chains.
5) Safety chains, 5/16” alloy or OEM specifications; four safety chains for each vehicle being transported and two safety chains for the vehicle being towed.
6) All required tie-down straps and safety champs shall be used during towing operations.
f. Class C Tow Truck Minimum Equipment Specifications
1) 33,000 pound GVWR chassis.
2) Air brakes w/air hookup package and single control compressor. 3) 25-ton recovery equipment rating.
4) Hydraulic or mechanical winch(es).
5) 200 ft. 5/8” 6 x 19 cable or OEM specifications.
6) Tow chains, 5/8” alloy or OEM specifications.
7) Safety chains, 5/8” alloy or OEM specifications
8) Tow sling rating 12,000 pounds.
9) Two 12-ton snatch blocks.
10) Under lift rating - retracted, 25,000 pounds.
g. Class D Tow Truck Minimum Equipment Specifications
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1) 50,000 pound GVWR chassis.
2) Air brakes w/air hookup package.
3) 30-ton recovery equipment rating.
4) Hydraulic or mechanical winch(es).
5) 250 ft. 3/4” 6 x 19 cable or OEM specifications.
6) Tow chains, 5/8” alloy or OEM specifications.
7) Safety chains, 5/8” alloy or OEM specifications.
8) Tow sling rating 20,000 pounds.
9) Two 12-ton snatch blocks.
10) Under lift rating - retracted, 32,000 pounds.

6. AUXILIARY EQUIPMENT
a. Required Equipment All Classes
1) Extension - Brake and tail lamps.
2) Fire Extinguisher (Approved 4-B, C rating or better). 3) Flashlight.
4) Broom.
5) Shovel.
6) Wrecking bar (large pry bar).
7) Reflective triangles.
8) Equivalent of six 30-minute flares.
9) Covered trans can(s) with absorbent
10) Shop rags and/or paper towels.
11) Shop to truck communications (C/B and cellular phones excluded). b. Service and Other Equipment - (For service calls, each tow truck shall be equipped with the following service equipment):
1) Adequate emergency supply of fuel in an approved container. 2) Booster battery or hot box starting system.
3) Hydraulic jack capable of handling passenger cars and light trucks. 4) Metric and standard lug wrenches.
5) Rubber mallet/hub cap tool.
6) Lockout tools.
7) Motorcycle straps (Class A only).
8) Sledge hammer.
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9) Tool kit may include:
a) Assorted open end wrenches; standard 1/4” - 7/8” and Metric, 6- 19 mm.
b) Assorted screwdrivers; Straight blade, Phillips and Tone c) Crescent wrench.
d) Ball peen hammer.
e) Pliers.
f) Battery and terminal cleaning tools.
g) Mechanic’s wire.
h) Plastic electrical tape/duct tape.
i) Tire valve core tool.
j) Miscellaneous fuses.
k) Small pry bar.
l) Socket Sets; 1/4” - 1” and 6-19 mm.
m) Ratchet and extensions.
c. Class A Required Equipment
1) One 3-ton rated snatch block.
2) Towing sling - J/T hook tow chain assembly, a 4” x 4” x 48” and a 4” x 4” x 60” wooden crossbeam, a pair of spacer blocks, a steering wheel clamp, a towing dolly, and safety chains.
3) Wheel lift - Wheel safety straps or equivalent mechanical device, steering wheel clamp, towing dolly, and safety chains.
4) Car carrier - J/T Hook loading bridle, a 4” x 4” x 48” and 4” x 4” x 60” wooden crossbeam, a pair of spacer blocks, and two pairs of safety chains. d. Class B Required Equipment
1) Towing sling - J/T hook tow chain assembly, a 4” x 4” x 48” and a 4” x 4” x 60” wooden crossbeam, a pair of spacer blocks, a steering wheel clamp, a towing dolly, and safety chains.
2) Wheel lift - Wheel safety straps or equivalent mechanical device, steering wheel clamp, towing dolly, and safety chains.
3) Truck hitch - Tow chain assembly, 4” x 4” x 60” and 6” x 6” x 60” wooden crossbeams (as necessary), aluminum tow angle(s), and safety chains. 4) Under lift - Assortment of lift forks/adapters, safety tie-down chains, and safety chains.
5) Two 8-ton rated snatch blocks.
6) Air hoses and necessary fittings to provide air to the towed vehicle. 309
e. Classes C and D Required Equipment
1) Towing sling - Tow chain assembly, 4” x 4” x 60” and 6” x 6” x 60” wooden crossbeam, a pair of spacer blocks, a steering wheel clamp, and safety chains.
2) Truck hitch - Tow chain assembly, 4” x 4” x 60” and 6” x 6” x 60” wooden crossbeams (as necessary), aluminum tow angle(s), and safety chains. 3) Under reach - Assortment of lift forks/adapters, safety tie-down chain(s), and safety chains.
4) Steering wheel clamp.
5) Two 12-ton rated snatch blocks.
6) Air hoses and necessary fittings to provide air to the towed vehicle. 310
TOWING & STORAGE SERVICES AGREEMENT (C01046)

BETWEEN THE CITY OF BANNING AND STATEWIDE ROAD SOLUTIONS LLC THIS TOWING & STORAGE SERVICES AGREEMENT (“Agreement”) is made and entered into this day: ____________ (“Effective Date”), by and between the CITY OF BANNING, a municipal corporation (“City”) and STATEWIDE ROAD SOLUTIONS, LLC, a Delaware corporation (“Operator”). The City and Operator are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.

RECITALS
A. The City and Operator wish to enter into this Agreement for Operator to provide non-exclusive towing and storage of vehicles as requested by the City of Banning Police Department (“BPD”) and the City of Banning Code Enforcement Department (“BCED”) on a rotational basis. As used herein, the BPD and BCED are subsumed under the title of “City.” B. The City has the authority under California Vehicle Code Section 21100 and federal law to regulate tow franchises with a principal place of business or employment in the City, and to charge a reasonable fee to reimburse the City for the actual and reasonable costs incurred in connection with such towing programs.

C. The Parties desire to renew Operator’s non-exclusive towing program privileges to be included on the City’s rotational towing list to provide towing services for BPD and BCED.

NOW, THEREFORE, in consideration of the foregoing recitals and the covenants, promises, and undertakings hereafter contained, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. TERM.

A. The initial term of this Agreement shall be for a total period of two (2) years commencing on the Effective Date and ending on June 30, 2026 with an option to extend for three (3) one-year renewals unless sooner terminated or extended in accordance with the terms of this Agreement.

B. Upon the expiration of the initial term, the City, in its sole and absolute discretion, may extend the terms of this Agreement no more than two (2) times for one (1) year each time. At the expiration of the term of this Agreement or an extended term, the City shall initiate an open bidding process by advertising a request for proposals for the award of new, nonexclusive towing service provider(s). The bidding process shall be performed pursuant to the City’s standard bidding procedures, with the City only awarding so many towing and storage services contracts for so long as needed by the City at the time. The City’s towing needs shall be determined by the City in its sole discretion. Nothing herein shall limit Operator from the bidding process, excepting that Operator’s default of, or poor performance under, this Agreement may be a basis for the City to not award a further agreement to Operator. 311

2. ROTATION TOW SERVICES.

A. The City and Operator agree that Operator shall be added to the tow service rotation and may be called upon by the BPD and BCED to provide tow services pursuant to terms of this Agreement.

B. A call to Operator shall constitute one turn on the list and Operator shall be moved to the bottom of the list. Each call for service will be considered one turn on the rotation, regardless of the number of vehicles towed from the scene. If Operator fails to respond to a telephone call for service from the BPD or BCED for any reason, the BPD or BCED shall have the immediate and automatic right to contact an alternative tow truck operator holding a towing and storage services agreement with the City. A telephone call to Operator is deemed to occur where: (i) a City employee telephones Operator at the phone number 951-849-9555, and (ii) Operator responds to the call, or (iii) Operator fails to answer the phone, is unable to respond, is unable to perform the required towing service, refuses to respond or provide services, or is canceled due to excessive response time.

C. If it is determined that Operator is not needed and the request for service is canceled by the BPD or BCED in their sole and absolute discretion, up to and including arrival at the scene, Operator shall not be entitled to charge for the request, as follows:
1) If Operator is canceled by the vehicle’s owner or agent prior to Operator taking possession of the vehicle as “possession” is defined in Section 3068.1 of the California Civil Code (when the vehicle is removed and is in transit, or when Vehicle Recovery Operations or load salvage operations have begun), Operator shall not charge for towing. Operator shall immediately contact the BPD or BCED and advise it of the cancellation. Operator shall then be placed back at the top of the list.

D. If any additional service (e.g., a private person tow), other than towing and recovery, commences and is canceled by the vehicle’s owner or agent, Operator may charge onehalf of the regular hourly service charge for the time expended on the call. For purposes of “cancellation,” service begins when physically securing the vehicle has begun, not the response.

No lien shall arise for the service unless Operator has presented a written statement to the vehicle’s owner or agent for the signed authorization of services to be performed.

E. The Parties agree that the terms used in this Agreement are used as defined in Exhibit A unless otherwise defined.

F. Nothing in this Agreement shall prohibit the City of Banning Chief of Police (“Chief of Police”), or his or her designee, (collectively, the “Contract Administrator”) from requesting a specific tow company when, in his or her opinion, the necessary resources to clear a hazard as expeditiously as possible are not available from the tow company currently at the top of the rotation tow list. In such an instance, the tow company selected would be the next tow company on the list that has the qualifications (equipment, skills, timeliness, etc.) to provide the required service. After the request, the selected company would then go to the bottom of the rotation tow.

Tow companies on the same list that were bypassed would remain in the same order until their selection for a rotation tow for which they are qualified. 312
G. Nothing shall prohibit a Class B, C, or D tow company from maintaining a place on a lighter class rotation tow list, provided the tow truck meets the equipment specifications for that class of operation.

H. Regardless of the class of tow truck utilized or responding to the call, charges shall not be more than for the class of vehicle towed or serviced, except where Vehicle Recovery Operations require a larger class of tow truck.

I. Operator warrants and represents that it is a Class A, B, and C operator, as defined in Exhibit B of this Agreement, and that its tow trucks meet the equipment specifications for that class of operation as set forth in Exhibit B.

J. It shall be Operator’s responsibility to tow and store vehicles as requested by the BPD or BCED, including, but not limited to:
1) Vehicles impounded for evidence or taken into custody by the BPD or BCED;
2) Vehicles involved in accidents or disabled for other causes (when alternative towing is either not appropriate or not requested by the owner or operator of the vehicle);
3) Abandoned vehicles, including those towed in connection with the City’s abandoned vehicle abatement program; and
4) Vehicles that are within the jurisdiction of the BPD or BCED, including City-owned vehicles up to one hundred (100) miles round-trip beginning at the departure location of the tow truck.

K. Operator shall further be responsible for the removal of debris resulting from accidents and the necessary work preliminary to towing, such as removal of vehicles from ditches, righting the vehicles, separating entangled vehicles, disconnecting drive shafts, and other such work as shall be required in connection with the towing operations. Operator shall not leave any tow site without cleaning the location sufficient to restore normal traffic patterns, except upon the written approval of the BPD or BCED member present at the incident site (“BPD or BCED Officer-in-Charge”).

L. Operator shall perform all necessary work preliminary to towing vehicles, such as removing vehicles from ditches, righting vehicles, separating entangled vehicles, disconnecting drive shafts, and other such work as shall be required to enable the towing of the vehicles.

M. This Section does not cover tows at the request of the public in either emergency or non-emergency situations.

N. Operator shall not attempt to take possession of any vehicle in order to establish a lien for any non-towing services performed, or begun and subsequently canceled, when not entitled to such lien as provided by California Civil Code Section 3068.1. 313
O. The Contract Administrator may establish a policy that allows Operator to dispatch more than one tow truck to a multi-vehicle collision scene in response to a tow call.

P. The BPD or BCED Officer-in-Charge may direct an Operator to move vehicles to help clear a roadway or for lifesaving operations. Operator shall provide the assistance as directed, at a maximum charge, as set forth in Exhibit C.

Q. Operator shall maintain a business office and storage facility located within the established boundaries of the City and must be licensed in accordance with the Banning Municipal Code, Chapter 5.04, entitled “Licenses Generally,” as may be amended from time to time, and must comply with all other federal, state and local laws, ordinances and regulations.

R. Operator warrants and represents that it has a minimum of five (5) years verifiable for-hire towing experience, or equivalent experience in providing emergency service in a dispatched twenty-four (24) hours a day, seven (7) days a week, emergency response service, as an owner or principal. Upon request by the City, Operator shall provide the City with written verification and evidence certifying ownership of a company performing for-hire towing experience.

S. Operator shall retain an adequate number of trained and properly licensed personnel assigned to successfully perform the Operator’s duties and responsibilities under this Agreement. Nothing in this Agreement shall preclude Operator from conducting a lien sale pursuant to California Vehicle Code Section 22851.1.

3. TOW TRUCK CLASSIFICATIONS.

A. There will be four classes of tow trucks covered under this Agreement.

Operator shall maintain a minimum of three (3) tow trucks, and shall have at least one of each Class A, Class B, and Class C tow trucks as described below. Operator shall have the right to subcontract with another tow truck operator for use of a Class D tow truck or other truck that meets the requirements set forth below in performing the services herein. In no case shall any tow truck be rated less than one-ton capacity. The equipment specifications for each Class of tow truck are listed in Exhibit B.

B. Operator shall equip, repair and maintain all tow trucks covered in accordance with the provisions set forth in the California Vehicle Code, Title 13 of the California Code of Regulations, including, without limitation, Exhibit B, and consistent with industry standards and practices.

C. Notwithstanding California Vehicle Code Section 615, all tow trucks used by Operator shall have recovery capabilities, wheel lift capabilities, and a boom meeting the specifications contained in this Agreement. For the purpose of this Agreement, “a trailer for hire that is being used to transport a vehicle” shall not qualify as a primary tow truck for use. At the discretion of the Contract Administrator, an Operator who has a car carrier may be exempted from the recovery, wheel lift, and boom capability requirements. However, the car carrier must be an additional unit.
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D. A violation of the Gross Vehicle Weight Rating (“GVWR”) and safe loading requirements of a tow truck shall be deemed a major violation and cause for immediate suspension of this Agreement. This includes exceeding the tow truck’s GVWR, front axle weight rating, rear axle weight rating, maximum tire weight ratings, or not maintaining fifty percent (50%) of the tow truck’s unladen weight on the front axle when lifting/carrying a load.

E. To properly and safely tow and service the wide variety of vehicles being operated on the roads and highways within the City, a towing procedure may require the use of auxiliary equipment specifically designed for a specialized purpose. This auxiliary equipment should be used when appropriate. A listing of service and auxiliary equipment for each classification can be found in Exhibit B.

F. Operator must maintain an operable tow motor for moving vehicles in areas where towed vehicles are stored at Operator’s premises.

G. Operator must maintain an inspection lift with a minimum 9,000-pound lift capacity.

4. TOW TRUCK DRIVERS.

A. Operator shall ensure that all employees, including tow truck drivers (“Drivers”) and/or independent contractors responding to calls initiated by the BPD or BCED, having contact or access with vehicles towed, or having contact or access to administrative records, are qualified and competent employees of Operator. Operator shall ensure that Drivers are trained and proficient in the use of the tow trucks and related equipment, including, but not limited to, the procedures necessary for the safe towing and recovery of the various types of vehicles providing services. Drivers shall perform all towing and recovery operations in the safest and most expedient manner possible. Operator shall ensure Drivers responding to a call initiated by the BPD or BCED have one of the following:
1) A minimum of five (5) years or more of tow truck driver experience verified in writing by Operator and the Driver; or
2) The Driver has completed a tow truck driver training program within the last five (5) years verified in writing by Operator and the Driver.

B. Drivers shall be at least eighteen (18) years old and possess the following minimum class driver license.
1) Class A tow truck - A valid Class C license, or a valid Class A license with valid medical certificate.
2) Class B tow truck - A valid Class C license for non-regulated vehicles, or a valid Class A license with valid medical certificate for regulated vehicles pursuant to California Vehicle Code Section 34500.
3) Class C and D tow trucks - A valid Class A license with valid medical certificate.
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C. The Class A license must be endorsed to allow operation of special vehicle configurations and/or special cargoes as described in Exhibit B of this Agreement.

D. Operator shall maintain a current list of Drivers.
1) Operator shall provide a current list of its Drivers and employees available for inspection by the BPD and BCED. Operator shall update the list upon any change in Driver status, including the addition of any new Driver(s), the deletion of any Driver(s), and revocation or suspension of a driver’s license. Operator shall notify the BPD and BCED upon any such change in Driver status or employee status.
2) Operator shall, at a minimum, maintain the following information for each Driver and employee:
a) Full name.
b) Date of Birth.
c) California driver’s license number and expiration date. d) Copy of valid medical certificate (if required).
e) Job title/description.
f) Current home address.
g) Current home phone number.
h) Type(s) of truck(s) Driver has been trained and instructed to operate.
i) Certificate showing Driver is trained and certified with California Tow Truck Association (CTTA), Towing & Recovery Association of America (TRAA), or Wreckmaster (private).

E. All Drivers shall be enrolled in the Employer Pull Notice Program (“EPN”). 1) Upon the addition of new Drivers, Operator will be granted a maximum of thirty (30) calendar days to enroll Drivers in the EPN. 2) Pull Notices shall be kept on file, signed and dated by Operator.

F. Drivers shall wear an identifiable uniform shirt displaying Operator’s and Drivers’ names while engaged in BPD or BCED rotation tow operations. They will not wear any hat, head covering, or garment that displays any logo other than Operator’s logo.

G. Drivers shall wear a safety vest or reflectorized clothing, meeting Occupational Safety and Health Administration requirements. 316

5. DEMEANOR AND CONDUCT.

A. While involved in the Banning rotation tow operations, Operator and/or its employees shall refrain from any act(s) of misconduct, including, but not limited to, any of the following:
1) Rude or discourteous behavior.
2) Lack of service, selective service, or refusal to provide service which Operator is, or should be, capable of performing. 3) Any act of sexual harassment or sexual impropriety.
4) Unsafe driving.
5) Exhibiting any objective symptoms of alcohol and/or drug use. 6) Appearing at the scene of a BPD or BCED call with the odor of an alcoholic beverage emitting from his or her breath. Operator/Driver shall submit to a preliminary alcohol screening test upon demand of the BPD.
7) Use of radios or other music equipment or telephone ringers at levels that are excessively loud or cause disturbance to neighbors, as determined in the BPD’s or BCED’s sole and absolute discretion.
8) Animals on premises, except watchdogs. However, watchdogs shall be maintained within Operator’s premises by a fence that is adequate to contain the dogs within the premises. The BPD or BCED may require Operator to remove the dog(s) from the premises if, in the BPD’s or BCED’s sole and absolute discretion, a dog barks excessively.

B. All BPD-related and BCED-related tow service complaints received by the BPD or BCED against Operator, its employees, or agents will be accepted and investigated in a fair and impartial manner. As a result of the investigation, the BPD or BCED may suspend this Agreement. In any event, Operator will be notified of the results of any investigation.

C. Operator shall agree to the review of each of Operator’s employees and execute the disclosure and acknowledgment attached hereto at Exhibit D. Operator shall retain all employee-executed copies of Exhibit D and provide the same to the City upon request.

D. Operator shall post a notice in a conspicuous place at Operator’s place of business of a size that is at least 8 1/2” x 11” informing the public of the right to make complaints regarding service provided by Operator within the City, and shall include the name and location where complaints can be made to the City. Operator shall notify the BPD, in writing, within seventy-two (72) hours of any complaints made to Operator regarding the performance of service in connection with towing or storage, or concerning rates, charges of fees, or any claims, or any legal actions filed, delivered, or served upon, or instituted against, Operator or any of its agents, officers, or employees.
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6. RATES CHARGEABLE TO VEHICLE OWNERS.

A. Any and all proposed adjustments in fees, rates, and service charges must be approved by the City of Banning City Council.

B. Rates charged to vehicle owners for calls originating from the City shall not exceed ten percent (10%) of the maximum rate amounts for towing and impounds chargeable to vehicle owners as determined by the California Highway Patrol (“CHP”) for the Banning region.

The CHP-approved rates are those contained in Exhibit C, attached hereto and incorporated herein by reference. If the CHP authorizes or amends new maximum rates for towing services, then the Parties may, without further City Council authorization, amend or replace Exhibit C to be consistent with the CHP’s rate structure. The City shall not unreasonably deny or withhold its approval of any amendment to Exhibit C so long as they are consistent with CHP-approved rates.

C. Regardless of the class of tow truck utilized or responding to the call, charges shall not be more than for the class of vehicle towed or serviced, except when an operation involving the process of up righting an overturned vehicle or returning a vehicle to a normal position on the roadway that required the use of auxiliary equipment due to the size or location of the vehicle occurs (“Vehicle Recovery Operations”), thereby requiring a larger class of tow truck.

This will normally be limited to operations requiring a Class B, C, or D tow truck(s).

D. The rate of towing shall be computed beginning from the time of departure from the place of business or point of dispatch, whichever is closer to the location of the call, and shall end at the estimated time of return to the place of business or the completion of the call, if another call is pending, whichever is shorter. Return to place of business includes a reasonable and verifiable amount of time required to place the tow truck back into service when unusual circumstances require additional time that is not part of normal operating procedures. (Examples:
(i) 4x4 recovery in the mud; reasonable to charge for cleaning mud from truck and equipment; (ii) burned car on car carrier: reasonable to charge for cleaning burn debris from carrier bed; (iii) car towed from side of road on misty night and leaves mud track on bed of carrier: not reasonable to charge for cleaning of carrier bed.) Time expended shall be charged at a rate not to exceed the authorized hourly rate. Time expended in excess of the minimums shall also be at the hourly rate in no more than one (1) minute increments. There shall be no additional charges, including, without limitation, mileage or labor charges.
1) Operator may charge the registered vehicle owner up to a 30-minute minimum per call for any service or tow that is performed when the vehicle operator or agent is present and the vehicle is not stored at the direction of the BPD officer or BCED Officer-in-Charge. 2) Operator may charge the registered vehicle owner up to a one-hour minimum per call on public safety response calls, which means a response that results in the storage of a vehicle at the direction of the BPD or BCED Officer-in-Charge and does not include storage at the request of the vehicle operator, registered owner, or agent. 3) Operator shall base towing charges upon the class of vehicle being towed regardless of the class of truck used, except when Vehicle Recovery Operations require a larger class truck.
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7. COLLUSION.

A. An Operator and/or proposer shall not conspire, attempt to conspire, or commit any other act of collusion, with any other Operator or proposer for the purpose of secretly, or otherwise, establishing an unfair understanding regarding rates or conditions to this Agreement that would bring about any unfair condition that could be prejudicial to the BPD or BCED, the motoring public, or other tow truck companies.

B. Examples of “collusion” include, but are not limited to conspiracy by Operator to establish artificially high or low rate(s) for services performed pursuant to this Agreement, and the like.

C. A finding by the BPD or BCED that Operator or a proposer have been involved in collusion shall be cause for rejection of the proposal or shall nullify this Agreement.

Operator or proposers found to be involved in any act, or attempted act of collusion, shall be disqualified from participation on the BPD or BCED rotation tow list for the term of this Agreement, plus three (3) years, in all jurisdictions policed by the BPD or BCED.

8. OPERATOR RESPONSE TO CALLS.

A. Responsive Service. Operator shall respond to the BPD and BCED calls twenty-four (24) hours per day, seven (7) days per week, within the maximum response time established by this Agreement. “Response time” shall mean the period of time from Operator’s notification by the BPD or BCED dispatch of a call to the arrival of the tow truck at the location requested. When Operator will be temporarily unavailable to provide services due to a preplanned or scheduled activity (e.g., vacations, maintenance, medical leave), Operator’s representative shall notify the BPD and BCED at least twenty-four (24) hours prior to the date that services will be unavailable, noting the times and dates of the unavailability. Operator shall respond with a tow truck of the class required to tow the vehicle specified by the BPD and/or BCED. If, after accepting the call, Operator is unable to respond or will be delayed in responding, Operator shall immediately notify the BPD and/or BCED dispatch. In such case, the BPD and/or BCED shall have the right to use an alternative tow truck operator holding a towing and storage services agreement to provide the services for such call. Operator shall not assign any calls to other tow truck companies. 1) Operator’s maximum response time for critical tow circumstances (e.g., traffic collisions, impounds, hazards, road blockages) is twenty (20) minutes. a) Response Time. Operator’s response to calls from the BPD and BCED for towing service shall not exceed twenty (20) minutes from the time Operator received the request from the BPD or BCED to the time the tow vehicle arrives at the location from which the tow is to be made.
b) Three Axle Tow Truck. The maximum response time
notwithstanding, when the tow requires a three axle tow truck and Operator subcontracts for use of three (3) axle tow truck, Operator’s response time shall not exceed thirty (30) minutes. 2) If Operator has not arrived on the scene within the 20-minute maximum time, the BPD or BCED may request a tow vehicle from another tow truck operator 319
specified on the rotation list, and Operator may not take the tow. A failure to respond and perform required towing or service, and/or repeated failure(s) to meet the maximum response time requirements, shall constitute failure to comply with the terms and conditions of this Agreement. a) The Contract Administrator may, in his or her sole and absolute discretion, take immediate disciplinary action for any flagrant violation of the requirement to respond within the maximum response time.
b) The Contract Administrator may, in his or her sole
discretion, excuse any delay or may extend Operator’s response time to any call if Operator calls the BPD or BCED within the 20-minute response time to notify them of a delay and states the reason for the delay. After consideration of the specific circumstances, the Contract Administrator shall determine whether the delay and extension is justified. Factors under such consideration include, but are not limited to, unforeseen causes beyond the control and without the fault or negligence of Operator, including, but not limited to, acts of God or the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, material shortages beyond the Parties’ control, wars, litigation, and/or acts of any governmental agency.
c) Upon receiving requests for tow service by the BPD or BCED, Operator shall record the time such requests are made and the time at which a tow vehicle is dispatched and maintain such record for at least six (6) months. d) Failure of Operator to respond within the maximum response time, on five (5) or more occasions within any 365-day period, shall be a material default, constituting grounds for termination of this Agreement.

B. In responding to a BPD or BCED call, Operator shall perform the towing or service required for which Operator was called. This requirement may be waived by the BPD or BCED Officer-in-Charge, if the requested equipment is inadequate for the service to be performed; provided, however, if Operator supplies the wrong equipment, the BPD and/or BCED shall have the automatic and immediate right to use an alternative tow truck operator holding a towing and storage services agreement with the City to provide the services for such call.

C. Operator shall not respond to a BPD or BCED call assigned to another tow truck operator unless requested to do so by the BPD or BCED. If a tow truck operator assigned to the initial BPD or BCED call requires the assistance of an additional operator at the scene, the tow truck operator assigned to the initial call may, subject to the prior approval of the BPD or BCED Officer-in-Charge, request the assistance of Operator. If Operator, who was not called to a scene, comes upon a collision scene where a vehicle or vehicles are blocking a roadway and a BPD or BCED Officer-in-Charge requests its assistance in clearing the roadway, Operator may be requested to move the vehicle to a safe location, as directed by the officer, and leave the vehicle.

D. Only the actual number and type of tow truck personnel and equipment requested by the BPD or BCED from Operator shall respond to a BPD or BCED call. Additional tow truck personnel and equipment shall be pre-approved by the BPD or BCED Officer-in-Charge.

This shall not preclude Operator from responding to an incident to ascertain if additional assistance 320
or equipment is required. There shall be no additional charge by Operator for any personnel or equipment that is not necessary to perform the required service.

9. STORAGE OPERATIONS.

A. Operator’s Responsibilities.
1) Operator shall be responsible for the care, custody, and control of all vehicles stored by it, together with all accessories and equipment on each vehicle and all personal property in each vehicle.
2) It shall be Operator’s responsibility to protect the stored equipment and property against loss or damage by fire, theft, weather, or other causes. In the event of loss or damage to a stored vehicle, its accessories or equipment, or personal property contained in the vehicle, Operator shall be responsible to the owner for all losses and/or damages. Personal property in vehicles stored by Operator shall not be disposed of to defray any charges for the towing or storing of a vehicle; and, if not called for by the owner within thirty (30) calendar days after date of notice by BPD or BCED of impound or storage, all such property shall be disposed of in accordance with all federal, state, and local laws, including without limitation, California Vehicle Code Section 10652.
3) Operator shall take all reasonable precautions required by the BPD and BCED to avoid damage to any evidence, such as fingerprints or stains. Vehicles taken into custody for evidence shall be stored at a location designated by the BPD. Operator shall take whatever actions and precautions necessary to protect the engines, trunks, and interior areas of all stored or impounded vehicles against the elements by rolling up windows, closing doors, trunk lids, and hoods, and, if necessary, covering the vehicle or parts thereof exposed to the weather with plastic, canvas, or other waterproof covering. Operator shall park all stored or impounded vehicles in such a manner as to prevent any damage while other vehicles are being moved or parked in the vicinity of the vehicles.
4) Whenever possible, vehicles held for a 30-day hold must be placed in a secured, enclosed, inside storage area.
5) The BPD or BCED will complete a detailed written inventory of all personal property in any vehicle that is towed and stored, or towed and impounded, by Operator at their request, and the responding Driver shall complete the appropriate section on the BPD’s or BCED’s form and shall sign the form. A copy of the signed form shall be given to the responding Driver and shall be retained by Operator.
6) Under no circumstances may a vehicle and/or personal property located in a vehicle be released by Operator to the vehicle owner, or his or her designated representative, without the express written permission from the BPD and/or the BCE. 7) Operator shall obtain written approval from the BPD or BCED prior to the removal of any personal property from a stored or impounded vehicle and shall provide a receipt, with a copy placed in the stored vehicle, for all removed property. The requirement to obtain approval from the BPD or BCED prior to the removal of property may be excused by the 321
Contract Administrator if he or she determines that proper safeguards and procedures are utilized by Operator.
a) This requirements may not be waived in cases where a vehicle has been impounded for evidence or investigation. b) With approval from the BPD or BCED, Operator shall
release personal property from an impounded vehicle at the request of the vehicle owner, or his or her agent.
(1) Personal property includes: papers, transportable
cellular telephones, portable radios and/or portable stereo equipment, clothes, luggage, tools, and all other unaffixed contents.
(2) Items of personal property in a stored vehicle that are not required as evidence shall be released upon request of the vehicle owner or his/her agent. c) Cargo not held as evidence shall be released upon demand of the carrier or pursuant to a court order.
8) Operator shall not charge a storage fee for the time during which vehicles are stored by the BPD or BCED on City-owned property for the processing of evidence.

Upon completion of the processing of evidence, BPD or BCED shall notify the registered vehicle owner that his or her vehicle is ready to be released. If the vehicle owner claims his or her vehicle directly from BPD or BCED within twenty-four (24) hours, Operator shall not be entitled to collect any storage fees from the vehicle owner or the City. If the vehicle owner fails to claim his or her vehicle within twenty-four (24) hours, the City shall contact Operator responsible for initially towing the subject vehicle, and Operator will then be responsible for towing the subject vehicle to Operator’s storage facility. Upon storing the vehicle in Operator’s storage facility, Operator is entitled to begin charging a storage fee. Notwithstanding the foregoing, Operator is entitled to charge towing fees at the standard towing rate for all vehicles towed in connection with the processing of evidence, as set forth in Exhibit C.
9) Operator shall post and maintain a sign or signs which have been approved by the Contract Administrator in a conspicuous place or places on Operator’s premises where the vehicle owner re-claims his/her vehicle and in a location designated by the Contract Administrator that is clearly visible to the public from the street, and which gives notice of:
a) The approved “Rate Schedule” for tow and storage services; b) The method of payment(s) that are acceptable by Operator, which shall include at a minimum credit cards and U.S. currency; c) Notice that a written receipt shall be supplied by Operator for the amount of payment received;
d) The telephone number and address of the Contract
Administrator; and
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e) The address where a vehicle owner may address his or her complaints regarding Operator’s tow and/or storage services. 10) For the purpose of this Agreement, “normal business hours” shall not be less than 8 a.m. to 5 p.m., Monday through Friday, and Operator’s place of business shall be staffed continuously during these periods, except for the following state-recognized holidays:
a) New Year’s Day, Martin Luther King Day, Lincoln Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, day after Thanksgiving Day, and Christmas Day. 11) Business hours shall be posted in plain view to the public at both the place of business and/or storage facility.
12) Employees shall be properly trained and supervised in conducting business transactions related to towing, storage and release of vehicles/property. 13) Operator shall have a responsible person(s) on-call on a twenty-four (24) hour basis, seven (7) days a week. The designated on-call person(s) shall be available to release vehicles at all times, twenty-four (24) hours per day, seven (7) days per week, including holidays.

B. Storage Facilities.
1) Operator shall maintain sufficient storage spaces, as approved by the Contract Administrator.
2) The storage yard must conform to all local zoning use requirements then in effect and have any required permits to operate at that location. 3) Operator shall maintain adequate security of vehicles and property at the place of storage in accordance with the requirements of this Agreement. All vehicles impounded or taken into custody by the BPD or BCED must be stored by Operator in areas that are enclosed by substantial wire fences or walls that have gates or doors that lock. Such fences or wall enclosures shall be not less than six (6) feet in height and shall have not less than one gate or door of a width and height that is adequate to allow vehicles to be moved freely and without creation of traffic congestion. The bottom edge of the enclosure structure shall not be more than two (2) inches above the parking surface of the enclosed area. A fence or wall enclosure shall be maintained and repaired in good condition throughout the term of this Agreement. Such fences or walls shall be repaired within twenty-four (24) hours of the time of any damage thereto to insure proper protection of the stored vehicles. The storage area must be paved with concrete or asphalt and maintained in good condition. The Contract Administrator may modify security requirements as necessary to coincide with local conditions.

C. Location and Maintenance of Storage Facility.
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1) Operator shall maintain and provide a place of business and storage facilities for the vehicles stored within the established boundaries of the City, as may be modified from time to time.
2) Operator’s primary storage facility shall be located at the same location as the business address. If Operator stores vehicles at a different location from the primary location, this additional location shall be located within the City’s limits and Operator shall furnish to the Contract Administrator the addresses of each and every additional storage facility. Operator shall release vehicles and personal property at the primary storage facility upon request of the owner.
a) In the event any vehicles are stored at a location other than the primary storage facility, there shall be no charge for any additional distance traveled to and from a secondary location.
3) Operator shall furnish the Contract Administrator with the addresses of all storage facilities whenever there is a change. Secondary storage facilities shall be located reasonably close to the main business office.
4) All landscaped and paved areas of Operator’s premises shall be maintained in a neat and orderly condition with the landscape in a healthy condition and free of weeds and litter. All storage spaces used by Operator in conjunction with its services hereunder shall be kept free of litter, debris, and other materials, substances, or any automotive parts unless the parts are stored as evidence for the BPD or BCE. Operator shall avoid contamination of soil or surface waters with gasoline, oil, grease, or any other contaminating substance as required by federal, state, county or other local regulations.

D. All surfaces of any Operator storage facility shall be in good repair without broken parts, holes, potholes, or litter, and in such a condition that ensures that no damage to vehicles will result. Any facility used for the storage of vehicles located in the City shall be landscaped as follows: any portion of a lot not paved or occupied by a structure or designed for vehicular parking shall be landscaped with a mixture of ground cover, shrubs, and trees and may include decorative rock, walkways, or other features as approved by the City’s Planning Director.

All parking lots facing or abutting a public street or a residential district shall be screened by a solid wall or compact evergreen hedge not less than six (6) feet in height or by landscaped planters containing shrubs not less than six (6) feet in height or by a landscaped berm not less than six (6) feet in height or by a landscaped screening approved by the City’s Planning Director. Operator shall prevent contamination of soil with gasoline, oil, grease, or any other contaminating substance as specified by federal, state, and local laws.

10. ABANDONED VEHICLE ABATEMENT PROGRAM.

A. At the request of the BPD or BCED, but no more than two (2) calendar days a week and eight (8) hours a day, Operator shall provide a Driver and the specified tow truck for the removal of abandoned vehicles, as described in the City of Banning Municipal Code Chapter

10.28. Drivers are subject to a maximum response time set forth in Section 8.A. of this Agreement in their execution of this provision.
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B. Operator shall not remove any abandoned vehicles without first being instructed to do so by an authorized representative of the BPD or BCED.

C. Operator shall dispose of vehicles removed by Operator pursuant to this Section 10 pursuant to City of Banning Municipal Code Section 10.28.100.

D. Refusal and/or failure by Operator to provide the services described in this Section 10 shall be grounds for termination of this Agreement.

11. INSURANCE REQUIREMENTS.

A. Operator shall pay for, and maintain in full force and effect, all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than “A-VII” in Best’s Insurance Rating Guide or (ii) authorized by the City’s Risk Manager. The following policies of insurance are required:
1) COMMERCIAL GENERAL LIABILITY insurance, which shall be on the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, and include insurance for “bodily injury,” “property damage,” and “personal and advertising injury” with coverage for premises and operations, products and completed operations, and contractual liability (including, without limitation, indemnity obligations), and with limits of liability of not less than $2,000,000 per occurrence for bodily injury and property damage, $2,000,000 per occurrence for personal and advertising injury, $4,000,000 aggregate for products and completed operations, and $4,000,000 general aggregate. 2) GARAGE-KEEPERS LEGAL LIABILITY insurance, which shall include coverage for vehicles in the care, custody, and control of Operator with limits of liability of not less than $500,000 per occurrence for property damage. 3) COMMERCIAL AUTOMOBILE LIABILITY insurance, which
shall be on the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto), and with limits of not less than $1,000,000 per accident for bodily injury and property damage.
4) ON-HOOK/CARGO insurance, which shall include coverage for vehicles in tow with limits of liability based on the size of the tow truck, which are as follows:
a) Class A tow truck $50,000
b) Class B tow truck $100,000
c) Class C tow truck $200,000
d) Class D tow truck $250,000
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5) WORKERS’ COMPENSATION insurance as required under the California Labor Code.
6) EMPLOYERS’ LIABILITY insurance with minimum limits of $1,000,000 each accident, $1,000,000 disease policy limit, and $1,000,000 diseases each employee.

B. Operator shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Operator shall also be responsible for payment of any self-insured retentions.

C. The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30) calendar days’ written notice in favor of the City of policy cancellation, change or reduction of coverage, except for the Workers’ Compensation policy, which shall provide a ten (10) calendar days’ written notice of such cancellation, change or reduction of coverage. In the event any policies are due to expire during the term of this Agreement, Operator shall provide a new certificate and all applicable endorsements evidencing renewal of such policy prior to the expiration date of the expiring policy(ies) to the Contract Administrator. Upon issuance by the insurer, broker, or agent of a notice of cancellation, change, or reduction in coverage, Operator shall file with the Contract Administrator a new certificate and all applicable endorsements for such policy(ies).

D. The General Liability, Automobile Liability, and Garagekeepers Legal Liability insurance policies shall be written on an occurrence form and shall name the City, its officers, officials, agents, employees, and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Operator’s insurance shall be primary and no contribution shall be required of the City. Any Workers’ Compensation insurance policy shall contain a waiver of subrogation as to the City, its officers, officials, agents, employees, and volunteers. Operator shall have furnished the City with the certificate(s) and applicable endorsements for all required insurance prior to the City’s execution of this Agreement.

E. The fact that insurance is obtained by Operator shall not be deemed to release or diminish the liability of Operator, including, without limitation, liability under the indemnity provisions. The City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Operator. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability, nor limit the liability of, Operator, its principals, officers, agents, employees, persons under the supervision of Operator, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.

F. Upon request of the City, Operator shall immediately furnish the City with a complete copy of any insurance policy required, including all endorsements, with the copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. 326
G. If at any time during the life of this Agreement or any extension, Operator fails to maintain the required insurance in full force and effect, all work under this Agreement shall be discontinued immediately until notice is received by the City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to the City. Any failure to maintain the required insurance shall be sufficient cause for the City to terminate this Agreement.

H. Should Operator subcontract all or any portion of the work to be performed, Operator shall require each subcontractor to provide insurance protection in favor of the City, its officer, officials, employees, agents, and authorized volunteers in accordance with the terms of each of the preceding paragraphs, except that the subcontractors certificates and endorsements shall be on file with Operator and the City prior to the commencement of any work by the subcontractor.

12. INDEMNIFICATION.

Operator shall indemnify the City, its officers, agents, and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, including paying any legal costs, attorneys’ fees, or paying any judgment (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the performance of the work or services of Operator, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the acts or omissions of Operator hereunder, or arising from Operator’s negligent performance of or failure to perform any term, provision covenant or condition of this Agreement, but excluding such claims or liabilities to the extent caused by the active negligence or willful misconduct of the City.

13. INSPECTIONS.

A. Operator must pass not less than one (1) annual inspection of all tow trucks of an Operator by a qualified law enforcement agency. The BPD or BCED may conduct inspections at any time (at no charge to Operator) of all tow trucks used by Operator to determine whether such tow trucks are safe and adequately equipped to perform the service required of such class level tow truck.

B. The BPD or BCED may also conduct inspections at any time (at no charge to Operator) of Operator’s business premises to determine whether the premises are secured and maintained. The BPD or BCED may conduct inspections without notice during normal business hours.

C. In the event that an inspection reveals that a tow truck is not suitable for towing operations, the BPD or BCED shall notify Operator in writing that the vehicle is disapproved and cannot be dispatched by Operator. Operator shall not dispatch a disapproved tow truck (to a BPD or BCED call), until written authorization has been obtained from either the BPD or BCED that the vehicle is “approved.”

14. BUSINESS RECORDS AND GROSS RECEIPTS ACCOUNTING.
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A. Operator shall maintain written or computerized records, at its place of business relating to tow, storage, impound, or lien services furnished under this Agreement, including a description of vehicles, nature of service, Driver’s name, start time, end time, location of call, and itemized costs of towing and storage.

B. 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-BPD/BCED tows.

C. The BPD and BCED may inspect all Operator records without notice during normal business hours.

D. Operator shall permit the BPD and BCED to make copies of business records at its place of business, or to remove business records for the purpose of reproduction. The BPD and BCED shall provide a receipt for any original records removed from Operator’s place of business.

E. Records shall be maintained and available for inspection for a period of two (2) years plus the current term of this Agreement.

F. Operator shall issue complete and accurate receipts to all customers.

G. Operator must notify the CHP as required by Section 10652 of the California Vehicle Code.

H. Gross Receipts Reports/Accounting. Operator shall keep accurate records of all “gross receipts” earned as a result of the business conducted, excepting therefrom all sales and excise taxes (“Gross Receipts Records”). “Gross receipts” is defined as all revenues received from towing and related services, storage, salvage sales of abandoned or unclaimed vehicles, plus incidental receipts earned by Operator as a result of business conducted under this Agreement. All charges shown on invoices and other records are to be explicit in detail, showing the reason for the amount specified therein.

I. Operator shall also keep accurate records of all lien sales completed as a result of the business conducted, excepting therefrom all sales and excise taxes (“Lien Sales Records”). In conjunction with the quarterly payment of the Towing Program Fee, Operator shall provide to the City, in a form approved by the Finance Director, a copy of its Gross Receipts Records and Lien Sales Records covering the immediately preceding six-month period during the Term. Such Gross Receipts Records must be available at all times during normal business hours and shall be subject to inspection, review, and audit by the Contract Administrator.

J. The Gross Receipts and Lien Sales Records must be supported by source documents such as receipt slips, cash register tapes, invoices or other pertinent information. All charges, fees, and receipts shall be recorded by means of cash registers, which shall be equipped with devices that lock in the totals and other records of transactions or with a counter that cannot be reset, which records transaction numbers and receipt details. Operator shall read and record the totals at the beginning and end of each calendar day.
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K. At the request of the BPD or BCED, Operator shall furnish the BPD or BCED a written list of all vehicles that have been towed by Operator within five (5) business days of such request. Such list shall show the date of tow, storage location of each vehicle, dates of storage, vehicle make and model, license number, and vehicle serial number.

L. Audits. Operator must make available to the City, upon three (3) calendar days’ written notice, its accounting records and books for inspection and audit. The BPD or BCED, the City, and their designated representative(s) agree to maintain the confidentiality of such accounting records and books, to the extent permitted to do so under federal and state laws, including without limitation the California Public Records Act (Cal. Gov. Code, § 6250 et seq.).

Operator shall submit quarterly documentation detailing its operations on behalf of the City in both written and electronic formats that are acceptable to the City’s Finance Director. Such documentation shall include the following information: the date, time, location, case number (if any), vehicle description (including make, model, and vehicle license number), and a brief description of the circumstances surrounding the tow (e.g., traffic collision, BPD impound, etc.).

Operator shall maintain these records for a period of three (3) years. In addition, the City may request, no more than annually, that Operator undergo an audit of its accounting records and books by a professional auditor of the City’s choice.

15. PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT.

A. Except as provided by this Agreement, Operator shall not contract with any other entity not covered by this Agreement without the express, prior written approval of the City.

As a condition of such an approval, the City may require any subcontractor to provide the City with Certificates of Insurance naming the City as an additional insured and other documentation of compliance with California Vehicle Code provisions applicable to a towing operation, such as current inspection reports by the CHP.

B. Neither this Agreement, nor any interest, may be transferred, assigned, conveyed, hypothecated, or encumbered either voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior express written approval of the City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Operator, taking all transfers into account on a cumulative basis.

C. Any cause of violation of this Section, including any bankruptcy proceeding, shall be deemed a major violation and cause for suspension or termination of this Agreement. No City-approved transfer shall release Operator, or any surety of Operator, of any liability hereunder without the express consent of the City. The City’s consent to one assignment shall in no way be deemed to be acceptance of any further assignment.

16. FINANCIAL INTEREST.

A. Operator shall not be directly involved in the towing-related business of any other tow truck operator or proposer. “Directly involved” shall mean anything in common between Operator or proposers with regard to any of the following: 1) business licenses; 2) insurance; 3) tow truck or equipment ownership; and 4) employees.
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B. Facilities shared by tow truck operators shall be physically separated and secured from each other unless the Contract Administrator approves non-conforming facilities.

C. Any violation of this Section shall be deemed a major violation and cause for suspension, if deemed appropriate by the Contract Administrator.

17. DISCIPLINARY ACTIONS.

A. The Contract Administrator shall take disciplinary action against Operator for violations investigated and confirmed or sustained. Unless otherwise noted, the Contract Administrator shall determine the period of suspension. The Contract Administrator shall retain discretion regarding the length of any suspension imposed pursuant to the terms and conditions of this Agreement.

B. Records of violations shall be retained by the BPD for at least thirty-six (36) months.

C. Disciplinary action taken against Operator by the Contract Administrator shall be honored by all BPD and BCED personnel. Likewise, any disciplinary action taken against Operator by a local CHP Commander may be honored by the BPD and BCED when the violation in question is related to a safety violation.

D. A violation of the equipment requirements related to safety shall be deemed a major violation and cause for immediate suspension of this Agreement. The Contract Administrator shall determine the period of the suspension. The suspension will remain in effect until the period of suspension is completed and the BPD has conducted an inspection and found that Operator is in compliance.

E. A violation of the Gross Vehicle Weight Rating (GVWR) and safe loading requirements of a tow truck shall be deemed a major violation and cause for immediate suspension of this Agreement. This includes exceeding the tow truck’s GVWR, front axle weight rating, rear axle weight rating, maximum tire weight ratings, or not maintaining fifty percent (50%) of the tow truck’s unladen weight on the front axle when lifting/carrying a load.

F. A violation of intentionally overcharging, or a pattern of overcharging, shall be deemed a major violation and cause for immediate suspension or termination of this Agreement.

If suspension occurs then the Contract Administrator shall determine the period of the suspension.

The suspension will remain in effect until the period of suspension is completed and Operator has presented proof to the BPD that reimbursement has been made to the aggrieved customer(s).

G. Neither BPD nor BCED personnel shall be offered gratuities, and requests for gratuities shall not be honored by Operator, or its employees or associates . A violation of this Section shall be cause for suspension or termination of this Agreement.

H. A refusal to respond or to perform the required towing or service shall be cause for suspension of this Agreement.
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I. Any failure to respond or repeated failures to respond within the maximum response time allowed shall be cause for suspension of this Agreement.

J. Responding to a BPD or BCED call assigned to another tow truck operator shall be cause for suspension of this Agreement.

K. Any unsatisfactory rating based on a violation of the Biennial Inspection of Terminals (BIT) Program requirements shall be deemed a major violation and cause for an immediate suspension of this Agreement. The Contract Administrator shall determine the period of the suspension. The suspension will remain in effect until the period of suspension is completed and Operator has presented proof of compliance with the BIT requirements.

L. Failure of Operator to satisfy a court order mandating reimbursement to the vehicle or property owner for the damage or loss that occurred while the vehicle was in Operator’s custody will result in suspension of this Agreement. The suspension will remain in effect until the period of suspension is completed and Operator has presented proof of the reimbursement.

M. Failure of Operator to comply with the inspection requirements of this Agreement will result in immediate suspension of this Agreement. The Contract Administrator shall determine the period of the suspension. The suspension will remain in effect until the period of suspension is completed and Operator has complied with the inspection requirement.

N. Sending a Driver for whom a form in substantial conformance with Exhibit D has not been submitted on a BPD or BCED call shall be cause for immediate suspension of this Agreement (this would also include those drivers dispatched by Operator’s business). The suspension will remain in effect until the period of suspension is completed and Operator has submitted the Driver information, current EPN report, and documentation of the tow truck driver’s experience or completed training program to the Contract Administrator.

O. Failure of Operator to maintain the minimum insurance requirements set forth in this Agreement will immediately nullify this Agreement and is deemed a major violation of this Agreement.

P. Operator will be subject to an additional suspension of this Agreement for failure to notify the Contract Administrator in advance of the insurance policy expiration or cancellation.

Q. Minor traffic violations may be deemed a minor violation of this Agreement.

R. A Driver, not under the immediate observation of Operator, while driving a tow truck, who is arrested and subsequently convicted for misdemeanor driving under the influence of alcohol and/or drugs, will be subject to immediate suspension from participating as a Driver under the provisions of this Agreement. The length of suspension will be at the Contract Administrator’s discretion.

S. If Operator is serving a suspension for one (1) year or more, he or she shall be required to comply with all terms and conditions of this Agreement at the time of the 331
reinstatement. No equipment shall be approved that is not in compliance with the equipment specifications contained in this Agreement at the time of reinstatement. Sections of this Agreement that are commonly referred to as “grandfather clauses” shall no longer apply to any Operator who is suspended for one (1) year or more.

T. 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 violation may be cause for termination of this Agreement. 1) Termination shall be invoked if, in the Contract Administrator’s judgment, continued participation in the rotation tow program by the affected Operator may result in a hazard to public safety and/or welfare.
2) If deemed appropriate, in lieu of termination, the Contract Administrator may impose additional suspensions for longer periods.

U. Minor Violations. Except as specifically stated in this Agreement, minor violations of the terms and conditions of this Agreement may be cause for disciplinary action in the following manner:
1) 1st violation in twelve (12) months – Letter of written reprimand and mandatory meeting between the tow service owner and the Contract Administrator to discuss remediation and future avoidance of the violation.
2) 2nd violation in twelve (12) months – 1 to 30-day suspension of this Agreement.
3) 3rd violation in twelve (12) months – 60 to 90-day suspension of this Agreement.
4) 4th violation in twelve (12) months – Termination of this Agreement, or if deemed appropriate, in lieu of a termination, the Contract Administrator may impose additional suspensions for longer periods. If the suspension of Operator would take them through the expiration of the term of this Agreement, Operator may apply to be on the following year’s rotation tow list, but Operator will not be reinstated until the full suspension is completed. If this Agreement is terminated, then Operator will be unable to apply for the BPD or BCED rotation tow list for the following three tow service agreements.

V. Nothing herein shall be deemed to prohibit the Contract Administrator from immediately suspending any Operator whose conduct, or that of his or her employee(s), in the discretion of the Contract Administrator, is deemed to be a danger to the motoring public or who has engaged in conduct constituting a flagrant violation of this Agreement.

18. COMPLIANCE WITH LAWS.

A. Operator and its employees shall, at all times, comply with all federal, state, and local laws and ordinances, which include, but are not limited to, California Vehicle Code Sections 22650. 22651.1, 22658(k)-(l), 226558.1, and 22850 and the provisions enumerated in 332
Exhibit A, and those laws which are applicable to Operator as promulgated by the California Department of Transportation, the CHP, and industry practices endorsed by the CTTA. To the extent the California Vehicle Code provisions in Exhibit A may be amended from time to time, such amendments shall supersede the applicable provisions in Exhibit A. 1) In the event of a misdemeanor traffic violation(s) by Driver(s) that come(s) to the attention of the BPD, the BPD shall advise Operator of the violation(s). Operator will be granted the opportunity to take necessary steps to ensure that such Driver(s) drive(s) in compliance with law. Any subsequent traffic violation(s) by Operator and/or the involved employee may be cause for appropriate disciplinary action against Operator and/or the involved Driver(s).
2) Any traffic violation(s) involving a felony may be cause for immediate disciplinary action against Operator and/or the involved Driver.

B. The provisions contained herein do not preclude the BPD and/or BCED from taking appropriate enforcement or administrative action for any violations of law. 1) Any arrest, charge, or conviction of Operator, its employee(s), officer(s), or agent(s) involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a drug related offense, felony 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 BPD and/or BCED tow call, or moral turpitude shall be cause for suspension of Operator, it’s employee(s), officer(s), or agent(s), or immediate termination this Agreement.

19. LICENSES, PERMITS, FEES & ASSESSMENTS.

Operator shall have and maintain a valid City of Banning business license during the term of this Agreement. Operator shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. Operator shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services requested by this Agreement.

20. ADVERTISING.

Operator shall not display any sign or engage in any advertisement indicating an official or unofficial connection with the BPD, the BCED, or the Department of Motor Vehicles.

Examples include, without limitation, “Official BPD Tow,” or “Approved by BPD.” The provisions under this Section shall not preclude the Contract Administrator from implementing a system to mark and identify particular tow trucks as having passed the BPD or BCED inspection.

21. CANCELLATION, TERMINATION AND EXEMPTIONS.

A. This Agreement may be cancelled by the Contract Administrator or Operator, for any reason or no reason, with or without cause, by giving thirty (30) calendar days’ written notice to the other Party.
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B. For good cause shown, the Contract Administrator may temporarily relieve a qualified Operator of compliance with a required provision of this Agreement. Any such exemption must be requested in writing, stating valid reasons for the need and justification for a temporary exemption from a requirement of this Agreement. No exemption shall be deemed to have been granted unless it is expressly received by the requesting Operator in writing from the BPD.
1) No exemption shall be granted for a period greater than six (6) months from the date of its approval. Any noncompliance with a material provision of this Agreement after the expiration of a granted exemption shall result in the immediate termination of this Agreement.
2) No exemption shall be considered or granted concerning any legal or safety requirements.

C. If it is determined that Operator had knowledge of criminal activity occurring on the property of Operator, or Operator is arrested for a crime which is a felony, then the City may be immediately terminate this Agreement.

D. If Operator refused to comply with any of the terms of this Agreement, then the City may be immediately terminate this Agreement.

22. COMPENSATION.

Operator agrees to perform the services herein and to receive, as full payment therefore, those fees described in Exhibit C.

23. FEES PAYABLE TO CITY.

A. California Vehicle Code Section 12110(b) provides that a public entity may require payment of a fee in connection with the award of a franchise for towing vehicles on behalf of that public entity; provided, that the fee does not exceed the amount necessary to reimburse the public entity for its actual and reasonable costs incurred in connection with the towing program.

Operator agrees to pay to the City that amount of fees in accordance with California Vehicle Code Section 12110, which provides that “a fee in connection with the award of a franchise for towing vehicles on behalf of that public entity … may not exceed the amount necessary to reimburse the public entity for its actual and reasonable costs incurred in connection with the towing program.” B. The fees that Operator shall pay to the City shall be paid as follows: For each vehicle tow processed by Operator as a result of a call for service from the BPD and/or BCED, Operator shall pay $138.00 to the City (“Towing Program Fee”). This means that those tow services identified in Sections A and B of Exhibit C shall require Operator to pay the City $138.00 per tow. Tows performed at the direction of the City, which do not result in the vehicle being stored or impounded, (i.e. City vehicles and evidence tows), will be deducted from the total on a one for one basis, as structured in Exhibit C. For example, if Operator processes six (6) tows as a result of a call for service from the BPD and/or BCED, but one (1) of the tows was a BPD vehicle tow that did not result in the vehicle being stored or impounded, and another tow was an evidence 334
tow that did not result in the vehicle being stored or impounded, then Operator shall pay to the City $552 for four (4) tows at $138 per tow.

C. These fees payable to the City shall be calculated by the City on a quarterly basis and paid by Operator as follows:
1) Each quarterly period shall run every three (3) months as follows:

January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31.
2) Within fifteen (15) calendar days following the end of a quarterly period, the City shall determine the amount due from Operator for all tows performed for the City that prior quarter and give written notice of the amount due from Operator. 3) Operator shall remit payment to the City of the fees due pursuant to this Section 23 within seven (7) business days of receiving notice from the City of the amount due.

Payment shall be made to the City in the form of check, money order, or wire transfer payable to the “City of Banning” and directed to the attention of “Finance Department.” The obligation to pay is not contingent on any payments due or paid to Operator for the actual tow and/or storage of any vehicle.

D. It is hereby acknowledged and agreed by Operator and the City that the $138.00 per-tow sum represents a reasonable estimate of the amount necessary to reimburse the public entity for its actual and reasonable costs incurred in connection with the towing program.

24. ATTORNEYS’ FEES.

If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees, whether or not the matter proceeds to judgment.

25. CORPORATE AUTHORITY.

A. The persons executing this Agreement on behalf of the Parties hereto warrant that:
1) Such Party is duly organized and existing;
2) Such Party is authorized to execute and deliver this Agreement on behalf of the Party;
3) Entering into this Agreement is not contrary to the contentions of any Party in any litigation involving the Parties hereto; 4) By so executing this Agreement, such Party is formally bound to the provisions of this Agreement; and
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5) The entering into this Agreement does not violate any provision of any other agreement to which such Party is bound.

B. Operator, and the agents and employees of Operator, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the City, the BPD, or the BCED.

26. NOTICE.

Any notice, demand, request, consent, approval, or communication either Party desires, or is required, to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth immediately below as to the City, and the address following the signatures below as to Operator. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or upon seventy-two (72) hours from the time of mailing, if mailed as provided in this Section.

To City: City of Banning
99 E Ramsey Street
Banning, CA 92220
Copy to: Richards, Watson, & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, CA 90071
Attn: Serita R. Young
Operator: Statewide Road Solutions LLC
190 N. Main Street
Riverside, CA 92501
Attn: James Kirk
Email: [email protected]

27. INTERPRETATION.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

28. INTEGRATION; AMENDMENT.

It is understood that there are no oral agreements between the Parties hereto affecting this Agreement, and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. The Parties agree that, by entering into this Agreement, any and all prior rights or obligations of the Parties under any Prior Agreement of any kind are hereby extinguished, except as expressly provided therein. This Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing. 336

29. SEVERABILITY.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder, unless the invalidated provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

30. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES.

No officer or employee of the City shall be personally liable to Operator, or any successor in interest, in the event of any default or breach by the City or for any amount that may become due to Operator or to its successor, or for breach of any obligation of the terms of this Agreement.

31. CONFLICT OF INTEREST.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement, nor shall any such officer or employee participate in any decision relating to this Agreement that affects his or her financial interest or the financial interest of any corporation, partnership, or association in which he or she is, directly or indirectly, interested, in violation of any State statute or regulation. Operator warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

32. VENUE.

All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California.

33. COVENANT AGAINST DISCRIMINATION.

Operator covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Operator shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry.

34. RECITALS.

All recitals preceding the terms of this Agreement are incorporated into the terms hereof and understood as binding obligations.
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[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF the Parties hereto have executed this Agreement on the Effective Date stated in the introductory clause.

CITY OF BANNING OPERATOR
By:

Douglas Schulze, City Manager
By:

NAME:

TITLE:

NAME:

TITLE:

ATTEST:

Tax ID No.

Caroline Patton, Deputy City Clerk
Address
APPROVED AS TO FORM:

Richards, Watson, Gershon
Serita R. Young, City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED.

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY

THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. 339

EXHIBIT A

CALIFORNIA VEHICLE CODE LAWS
NOTE: The laws that govern a tow truck operator’s business and vehicle operations are included in, but not limited to, this Exhibit. The list of laws included herein is intended as a general guide only. It is Operator’s responsibility to know and comply with all federal and state statutes and all local ordinances relating to its operations; including those that are and are not listed, any new statutes or ordinances subsequently adopted, and any amendments, repeals, or modifications of existing statutes and ordinances, including, but not limited to, those described in this Exhibit.

1. GENERAL.

A. Operator shall be able to properly conduct a lien sale as outlined in Division 11, Chapter 10, Article 2, beginning with Section 22851 of the California Vehicle Code.

B. Operator and/or Drivers shall be properly licensed in accordance with Section 12804.9 of the California Vehicle Code. Commercial drivers’ licenses must be endorsed to allow operation of special vehicle configurations and/or special cargoes. The following shows the correct license class and endorsement for the vehicle or cargo being transported:

VEHICLE TYPE OF CARGO CLASS LICENSE ENDORSEMENT
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
Material
A, B, or C X
1) Drivers shall have the proper class of license and endorsements for the vehicle and cargo being transported, as shown above. a) Whenever tank vehicles, double trailers, and/or hazardous materials carriers are towed or driven, the Driver is required to possess the appropriate class of license and endorsement.
b) Empty buses can be towed without the passenger transport endorsement, but the Driver must have the passenger transport endorsement if the bus is driven by him/her, even without passengers.
2) Drivers may obtain a Class A driver license that is restricted to towing other vehicles. The actual driving of damaged vehicles or vehicles being serviced requires that the Class A license not be restricted to towing vehicles. Commercial vehicle operators or operators of vehicles requiring a special certificate must possess both the appropriate license and certificate, as well as possess a valid medical card.
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C. Operator shall comply with the provisions contained in Division 4, Chapter 2 (Reports of Stored Vehicles) of the California Vehicle Code (commencing at Section 10650).

D. Operator shall comply with the provisions of Section 10854 of the California Vehicle Code.

E. Operator shall comply with the provisions of Section 12110 of the California Vehicle Code.

F. Operator shall comply with the provisions of Division 11, Chapter 9 of the California Vehicle Code, relating to stopping, standing, or parking, and Chapter 10, relating to the removal or parked and abandoned vehicles.

G. Tow trucks shall comply with appropriate lighting and equipment requirements for motor vehicles as contained in the California Vehicle Code.

H. Tow trucks towing disabled legal vehicles or a legal combination of vehicles shall comply with the vehicle size, weight, load limitations contained in Division 15 of the California Vehicle Code.
1) Tow operators may obtain transportation permits, which allow specific variances on these vehicle length and weight limitations, through the California Department of Transportation or local authorities with respect to highways under their respective jurisdictions.
a) The California Department of Transportation issues permits to requesting operators on an annual basis. The permit allows the movement of disabled legal vehicles under the following conditions:
(1) Disabled legal vehicles or legal combinations of
vehicles may be towed on state highways to the nearest appropriate place of repair, or nearest secure storage area that is appropriate for the vehicle or load, whichever is closest and most accessible. It is not the intent of the permit to allow these combinations to be towed to their ultimate destination for convenience, unless that destination meets the foregoing criteria. (2) Disabled legal vehicles or combination of vehicles, when connected to a tow truck, may exceed legal gross weight limitations. When the end of a truck or truck tractor of legal weight is elevated by a tow truck, the drive axles, the tow truck and/or the drive axle(s) of the disabled vehicle may exceed legal axle or axle group weight limitations. If any axle or axle group exceeds legal weight, movement will be limited to specific routes. b) Disabled vehicles or combination of vehicles whose
movement is authorized by a transportation permit, or any disabled vehicle or any combination of vehicles which, because of damage, has incurred distortion in width or height, causing the vehicle to be in excess of legal dimensions, may be moved at the direction of a peace officer or single trip permit issued by the California Department of Transportation. 341
c) The Driver, operating under a transportation permit, shall comply with all terms and conditions of the permit.

I. Operator shall comply with the provisions of Sections 3068 through 3074 of the California Civil Code.

J. Operator shall comply with Sections 182, 470, and 532 of the California Penal Code, relating to fraud and conspiracy to commit fraud.

K. Operator shall comply with the provisions of Sections 17200 et seq. and 17500 et seq. of the California Business and Professions Code, relating to fraudulent or unfair business practice, or false or misleading statements.

2. SPECIFIC CALIFORNIA VEHICLE CODE REQUIREMENTS RELATING TO TOW TRUCKS, INCLUDING, BUT NOT LIMITED TO:

A. Summarized California Vehicle Code Provisions:

Unlawful Advertising as Department; Use of Department Initials or Identity (Cal. Veh. Code, § 25)
(a) It is unlawful for any person to display or cause or permit to be displayed any sign, mark, or advertisement indicating an official connection with either the Department of Motor Vehicles or the Department of the California Highway Patrol unless such person has lawful authority, permission, or right to make such display.
(b) It is unlawful for the holder of any occupational license issued pursuant to Division 5 (commencing with Section 11100) to use the initials “DMV,” the Department of Motor Vehicles logogram, or the words “Department of Motor Vehicles” in any business name or telephone number. No occupational licensee may use the initials, logogram, or words in any advertisement in a way that indicates, or could be construed to indicate, any official connection with the Department of Motor Vehicles other than as a licensee.

Tow Truck (Cal. Veh. Code, § 615(a))
A “tow truck” is a motor vehicle which has been altered or designed and equipped for, and primarily used in the business of, transporting vehicles by means of a crane, hoist, tow bar, tow line, or dolly or is otherwise primarily used to render assistance to other vehicles. A “roll-back carrier” designed to carry up to two vehicles is also a tow truck. A trailer for hire that is being used to transport a vehicle is a tow truck. “Tow truck” does not include an automobile dismantlers’ tow vehicle or a repossessor’s tow vehicle.

NOTE: A vehicle which is not exclusively used in the business of towing vehicles nor used to render assistance to other vehicles is not a “tow truck” as defined above and need not comply with the requirements of the California Vehicle Code sections cited in this Exhibit. Such a vehicle shall not be equipped with the flashing amber warning lights permitted on “tow trucks” and is not entitled to special parking privileges under California Vehicle Code Section 22513. 342
Portable Dolly (Cal. Veh. Code, § 4014)
Any portable or collapsible dolly carried in a tow truck or in a truck used by an automobile dismantler and used upon a highway exclusively for towing disabled vehicles is exempt from registration.

Mounting of Plates (Cal. Veh. Code, § 5201(a)(1))
The rear license plate on a tow truck or repossessor’s tow vehicle may be mounted on the lefthand side of the mast assembly at the rear of the cab of the vehicle, not less than 12 inches nor more than 90 inches from the ground.

Compensation for Arranging or Requesting Towing Services (Cal. Veh. Code, § 12110(a)) Except as provided in subdivision (b), no towing service shall provide and no person or public entity shall accept any direct or indirect commission, gift, or any compensation whatever from a towing service in consideration of arranging or requesting the services of a tow truck. As used in this section, “arranging” does not include the activities of employees or principals of a provider of towing services in responding to a request for towing services.

Tow Trucks; Stopping at Scene of Accident or Near Disabled Vehicle; Soliciting an Engagement for Towing Services or to Remove Vehicle; Conditions; Documentation and Reporting Requirements; Fees; Misdemeanors; Exceptions (Cal. Veh. Code, § 22513(a)-(e)) (a)(1) It is a misdemeanor for a towing company or the owner or operator of a tow truck to stop or cause a person to stop at the scene of an accident or near a disabled vehicle for the purpose of soliciting an engagement for towing services, either directly or indirectly, to furnish towing services, to move a vehicle from a highway, street, or public property when the vehicle has been left unattended or when there is an injury as the result of an accident, or to accrue charges for services furnished under those circumstances, unless requested to perform that service by a law enforcement officer or public agency pursuant to that agency's procedures, or unless summoned to the scene or requested to stop by the owner or operator of a disabled vehicle. (2)(A) A towing company or the owner or operator of a tow truck summoned, or alleging it was summoned, to the scene by the owner or operator of a disabled vehicle shall possess all of the following information in writing prior to arriving at the scene:
(i) The first and last name and working telephone number of the person who summoned it to the scene.
(ii) The make, model, year, and license plate number of the disabled vehicle. (iii) The date and time it was summoned to the scene.
(iv) The name of the person who obtained the information in clauses (i), (ii), and (iii). (B) A towing company or the owner or operator of a tow truck summoned, or alleging it was summoned, to the scene by a motor club, as defined by Section 12142 of the Insurance Code, 343
pursuant to the request of the owner or operator of a disabled vehicle is exempt from the requirements of subparagraph (A), provided it possesses all of the following information in writing prior to arriving at the scene:
(i) The business name of the motor club.
(ii) The identification number the motor club assigns to the referral. (iii) The date and time it was summoned to the scene by the motor club. (3) A towing company or the owner or operator of a tow truck requested, or alleging it was requested, to stop at the scene by the owner or operator of a disabled vehicle shall possess all of the following information in writing upon arriving at the scene:
(A) The first and last name and working telephone number of the person who requested the stop. (B) The make, model, and license plate number, if one is displayed, of the disabled vehicle. (C) The date and time it was requested to stop.
(D) The name of the person who obtained the information in subparagraphs (A), (B), and (C). (4) A towing company or the owner or operator of a tow truck summoned or requested, or alleging it was summoned or requested, by a law enforcement officer or public agency pursuant to that agency's procedures to stop at the scene of an accident or near a disabled vehicle for the purpose of soliciting an engagement for towing services, either directly or indirectly, to furnish towing services, or that is expressly authorized to move a vehicle from a highway, street, or public property when the vehicle has been left unattended or when there is an injury as the result of an accident, shall possess all of the following in writing before leaving the scene:
(A) The identity of the law enforcement agency or public agency. (B) The log number, call number, incident number, or dispatch number assigned to the incident by law enforcement or the public agency, or the surname and badge number of the law enforcement officer, or the surname and employee identification number of the public agency employee.
(C) The date and time of the summons, request, or express authorization. (5) For purposes of this section, “writing” includes electronic records. (b) The towing company or the owner or operator of a tow truck shall make the written information described in subdivision (a) available to law enforcement, upon request, from the time it appears at the scene until the time the vehicle is towed and released to a third party, and shall maintain that information for three years. The towing company or owner or operator of a tow truck shall make that information available for inspection and copying within 48 hours of a written request from any officer or agent of a police department, sheriff's department, the 344
Department of the California Highway Patrol, the Attorney General's office, a district attorney's office, or a city attorney's office.
(c)(1) Prior to attaching a vehicle to the tow truck, if the vehicle owner or operator is present at the time and location of the anticipated tow, the towing company or the owner or operator of the tow truck shall furnish the vehicle's owner or operator with a written itemized estimate of all charges and services to be performed. The estimate shall include all of the following:
(A) The name, address, telephone number, and motor carrier permit number of the towing company.
(B) The license plate number of the tow truck performing the tow. (C) The first and last name of the towing operator, and if different than the towing operator, the first and last name of the person from the towing company furnishing the estimate. (D) A description and cost for all services, including, but not limited to, charges for labor, special equipment, mileage from dispatch to return, and storage fees, expressed as a 24-hour rate. (2) The tow truck operator shall obtain the vehicle owner or operator's signature on the itemized estimate and shall furnish a copy to the person who signed the estimate. (3) The requirements in paragraph (1) may be completed after the vehicle is attached and removed to the nearest safe shoulder or street if done at the request of law enforcement or a public agency, provided the estimate is furnished prior to the removal of the vehicle from the nearest safe shoulder or street.
(4) The towing company or the owner or operator of a tow truck shall maintain the written documents described in this subdivision for three years, and shall make them available for inspection and copying within 48 hours of a written request from any officer or agent of a police department, sheriff's department, the Department of the California Highway Patrol, the Attorney General's office, a district attorney's office, or a city attorney's office. (5) This subdivision does not apply to a towing company or the owner or operator of a tow truck summoned to the scene by a motor club, as defined by Section 12142 of the Insurance Code, pursuant to the request of the owner or operator of a disabled vehicle. (6) This subdivision does not apply to a towing company or the owner or operator of a tow truck summoned to the scene by law enforcement or a public agency pursuant to that agency's procedures, and operating at the scene pursuant to a contract with that law enforcement agency or public agency.
(d)(1) Except as provided in paragraph (2), a towing company or the owner or operator of a tow truck shall not charge a fee for towing or storage, or both, of a vehicle in excess of the greater of the following:
(A) The fee that would have been charged for that towing or storage, or both, made at the request of a law enforcement agency under an agreement between a towing company and the law 345
enforcement agency that exercises primary jurisdiction in the city in which the vehicle was, or was attempted to be, removed, or if not located within a city, the law enforcement agency that exercises primary jurisdiction in the county in which the vehicle was, or was attempted to be, removed.
(B) The fee that would have been charged for that towing or storage, or both, under the rate approved for that towing operator by the Department of the California Highway Patrol for the jurisdiction from which the vehicle was, or was attempted to be, removed. (2) Paragraph (1) does not apply to the towing or transportation of a vehicle or temporary storage of a vehicle in transit, if the towing or transportation is performed with the prior consent of the owner or operator of the vehicle.
(3) No charge shall be made in excess of the estimated price without the prior consent of the vehicle owner or operator.
(4) All services rendered by a tow company or tow truck operator, including any warranty or zero cost services, shall be recorded on an invoice, as described in subdivision (e) of Section 22651.07.

The towing company or the owner or operator of a tow truck shall maintain the written documents described in this subdivision for three years, and shall make the documents available for inspection and copying within 48 hours of a written request from any officer or agent of a police department, sheriff's department, the Department of the California Highway Patrol, the Attorney General's office, a district attorney's office, or a city attorney's office. (e) A person who willfully violates subdivision (b), (c), or (d) is guilty of a misdemeanor, punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail for not more than three months, or by both that fine and imprisonment.

Freeways; stopping, parking or leaving vehicles standing; exceptions to prohibition; violation; conviction (Cal. Veh. Code, § 21718)
(a) No person shall stop, park, or leave standing any vehicle upon a freeway which has full control of access and no crossings at grade except:
(1) When necessary to avoid injury or damage to persons or property. (2) When required by law or in obedience to a peace officer or official traffic control device. (3) When any person is actually engaged in maintenance or construction on freeway property or any employee of a public agency is actually engaged in the performance of official duties. (4) When any vehicle is so disabled that it is impossible to avoid temporarily stopping and another vehicle has been summoned to render assistance to the disabled vehicle or driver of the disabled vehicle. This paragraph applies when the vehicle summoned to render assistance is a vehicle owned by the donor of free emergency assistance that has been summoned by display upon or within a disabled vehicle of a placard or sign given to the driver of the disabled vehicle by the 346
donor for the specific purpose of summoning assistance, other than towing service, from the donor.
(5) Where stopping, standing, or parking is specifically permitted. However, buses may not stop on freeways unless sidewalks are provided with shoulders of sufficient width to permit stopping without interfering with the normal movement of traffic and without the possibility of crossing over fast lanes to reach the bus stop.
(6) Where necessary for any person to report a traffic accident or other situation or incident to a peace officer or any person specified in paragraph (3), either directly or by means of an emergency telephone or similar device.
(7) When necessary for the purpose of rapid removal of impediments to traffic by the owner or operator of a tow truck operating under an agreement with the Department of the California Highway Patrol.
(b) A conviction of a violation of this section is a conviction involving the safe operation of a motor vehicle upon the highway if a notice to appear for the violation was issued by a peace officer described in Section 830.1 or 830.2 of the Penal Code.

Towing and Service Charges; Credit Card or Cash Payment (Cal. Veh. Code, § 22651.1) Persons operating or in charge of any storage facility where vehicles are stored pursuant to Section 22651 shall accept a valid bank credit card or cash for payment of towing and storage by the registered owner, legal owner, or the owner's agent claiming the vehicle. A credit card shall be in the name of the person presenting the card. “Credit card” means “credit card” as defined in subdivision (a) of Section 1747.02 of the Civil Code, except, for the purposes of this section, credit card does not include a credit card issued by a retail seller. A person operating or in charge of any storage facility who refuses to accept a valid bank credit card shall be liable to the owner of the vehicle or to the person who tendered the fees for four times the amount of the towing and storage charges, but not to exceed five hundred dollars ($500). In addition, persons operating or in charge of the storage facility shall have sufficient funds on the premises to accommodate and make change in a reasonable monetary transaction.

Credit charges for towing and storage services shall comply with Section 1748.1 of the Civil Code. Law enforcement agencies may include the costs of providing for payment by credit when agreeing with a towing or storage provider on rates.

Release to Owner or Person in Control on Proof of Current Registration or on Issuance of Notice to Appear for Registration Violation; Posting of Notice (Cal. Veh. Code, § 22850.3) (a) A vehicle placed in storage pursuant to Section 22850 shall be released to the owner or person in control of the vehicle only if the owner or person furnishes, to the law enforcement agency or employee who placed the vehicle in storage, satisfactory proof of current vehicle registration.

The agency which caused the vehicle to be stored may, in its discretion, issue a notice to appear for the registration violation, if the two days immediately following the day of impoundment are weekend days or holidays.
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(b) At every storage facility there shall be posted in a conspicuous place a notice to the effect that a vehicle placed in storage pursuant to Section 22850 may be released only on proof of current registration or, at the discretion of the impounding agency, upon the issuance of a notice to appear for the registration violation by the local agency which caused the vehicle to be stored, specifying the name and telephone number of that local agency.

Taillamps Generally; Stoplamps; Reflectors (Cal. Veh. Code, §§ 24600(f), 24603(c), 24607(d)) Section 24600(f)
(f) Taillamps on vehicles manufactured on or after January 1, 1969, shall be mounted not lower than 15 inches nor higher than 72 inches, except that a tow truck, in addition to being equipped with the required taillamps, may also be equipped with two taillamps which may be mounted not lower than 15 inches nor higher than the maximum allowable vehicle height and as far forward as the rearmost portion of the driver's seat in the rearmost position. The additional taillamps on a tow truck shall be lighted whenever the headlamps are lighted.

Section 24603(c)
(c) Except as provided in subdivision (h), stoplamps on vehicles manufactured on or after January 1, 1969, shall be mounted not lower than 15 inches nor higher than 72 inches, except that a tow truck or a repossessor’s tow vehicle, in addition to being equipped with the required stoplamps, may also be equipped with two stoplamps which may be mounted not lower than 15 inches nor higher than the maximum allowable vehicle height and as far forward as the rearmost portion of the driver’s seat in the rearmost position.

Section 24607(d)
(d) When more than one reflector is required, at least one shall be mounted at the left side and one at the right side, respectively, at the same level. Required reflectors shall be mounted not lower than 15 inches nor higher than 60 inches, except that a tow truck, in addition to being equipped with the required reflectors, may also be equipped with two reflectors which may be mounted not lower than 15 inches nor higher than the maximum allowable vehicle height and as far forward as the rearmost portion of the driver's seat in the rearmost position. Additional reflectors of a type meeting requirements established by the department may be mounted at any height.

Tow Trucks, Automobile Dismantler’s Tow Vehicle and Towed Vehicle (Cal. Veh. Code, § 24605) (a) A tow truck or an automobile dismantler’s tow vehicle used to tow a vehicle shall be equipped with and carry a taillamp, a stoplamp, and turn signal lamps for use on the rear of a towed vehicle. (b) Whenever a tow truck or an automobile dismantler's tow vehicle is towing a vehicle and a stoplamp and turn signal lamps cannot be lighted and displayed on the rear of the towed vehicle, the operator of the tow truck or the automobile dismantler’s tow vehicle shall display to the rear a stoplamp and turn signal lamps mounted on the towed vehicle, except as provided in subdivision (c). During darkness, if a taillamp on the towed vehicle cannot be lighted, the operator of the tow 348
truck or the automobile dismantler’s tow vehicle shall display to the rear a taillamp mounted on the towed vehicle. No other lighting equipment need be displayed on the towed vehicle. (c) Whenever any motor vehicle is towing another motor vehicle, stoplamps and turn signal lamps are not required on the towed motor vehicle, but only if a stoplamp and a turn signal lamp on each side of the rear of the towing vehicle is plainly visible to the rear of the towed vehicle. This subdivision does not apply to driveaway-towaway operations.

Utility Flood and Loading Lamps (Cal. Veh. Code, § 25110(a)(l), (b)) (a) The following vehicles may be equipped with utility flood or loading lamps mounted on the rear, and sides, that project a white light illuminating an area to the side or rear of the vehicle for a distance not to exceed 75 feet at the level of the roadway:
(1) Tow trucks that are used to tow disabled vehicles may display utility floodlights, but only during the period of preparation for towing at the location from which a disabled vehicle is to be towed.
(b) Lamps permitted under subdivision (a) shall not be lighted during darkness, except while the vehicle is parked, nor project any glaring light into the eyes of an approaching driver.

Warning Lights on Tow Trucks Used to Tow Disabled Vehicles (Cal. Veh. Code, § 25253) (a) Tow trucks used to tow disabled vehicles shall be equipped with flashing amber warning lamps. This subdivision does not apply to a tractor-trailer combination. (b) Tow trucks may display flashing amber warning lamps while providing service to a disabled vehicle. A flashing amber warning lamp upon a tow truck may be displayed to the rear when the tow truck is towing a vehicle and moving at a speed slower than the normal flow of traffic. (c) A tow truck shall not display flashing amber warning lamps on a freeway except when an unusual traffic hazard or extreme hazard exists.

Note: Vehicles used by automobile dismantlers to tow disabled vehicles may be equipped with flashing amber warning lights. Vehicles used by service stations or garages to occasionally render assistance to disabled vehicles are not tow trucks and are not permitted to be equipped with flashing amber warning lamps.

Use of Flashing Amber Warning Light (Cal. Veh. Code, § 25268) No person shall display a flashing amber warning light on a vehicle as permitted by this code except when an unusual traffic hazard exists.

Emergency Reflectors; Emergency Warning Signs or Banners; Disabled or Parked Vehicles (Cal.

Veh. Code, § 25300)
(a) Every vehicle which, if operated during darkness, would be subject to the requirements of Section 25100, and every truck tractor, irrespective of width, shall at all times be equipped with 349
at least three red emergency reflectors. The reflectors need be carried by only one vehicle in a combination.

All reflectors shall be maintained in good working condition. (b) When the vehicle is disabled on the roadway during darkness, reflectors of the type specified in subdivision (a) shall be immediately placed as follows:

One at the traffic side of the disabled vehicle, not more than 10 feet to the front or rear of the vehicle.

One at a distance of approximately 100 feet to the rear of the disabled vehicle in the center of the traffic lane occupied by the vehicle.

One at a distance of approximately 100 feet to the front of the disabled vehicle in the center of the traffic lane occupied by such vehicle.

If disablement of the vehicle occurs within 500 feet of a curve, crest of a hill, or other obstruction to view, the driver shall so place the reflectors in that direction as to afford ample warning to other users of the highway, but in no case less than 100 nor more than 500 feet from the disabled vehicle.

If disablement of the vehicle occurs upon any roadway of a divided or one-way highway, the driver shall place one reflector at a distance of approximately 200 feet and one reflector at a distance of approximately 100 feet to the rear of the vehicle in the center of the lane occupied by the stopped vehicle, and one reflector at the traffic side of the vehicle not more than 10 feet to the rear of the vehicle.
(c) When the vehicle is disabled or parked off the roadway but within 10 feet thereof during darkness, warning reflectors of the type specified in subdivision (a) shall be immediately placed by the driver as follows: one at a distance of approximately 200 feet and one at a distance of approximately 100 feet to the rear of the vehicle, and one at the traffic side of the vehicle not more than 10 feet to the rear of the vehicle. The reflectors shall, if possible, be placed between the edge of the roadway and the vehicle, but in no event less than two feet to the left of the widest portion of the vehicle or load thereon.
(d) (1) Until the reflectors required by this section can be placed properly, the requirements of this section may be complied with temporarily either by placing lighted red fusees or liquidburning flares in the required locations or by using turn signal lamps, but only if front turn signal lamps at each side are being flashed simultaneously and rear turn signal lamps at each side are being flashed simultaneously.
(2) The driver of a commercial motor vehicle equipped with fusees or liquid-burning flares shall place a lighted fusee or liquid-burning flare at each of the locations specified in subdivision (b).

There shall be at least one lighted fusee or liquid-burning flare at each of the prescribed locations for as long as the commercial motor vehicle is stopped. Before the stopped commercial vehicle is moved, the driver shall properly extinguish and remove each fusee or liquid-burning flare. 350
(3) If gasoline or any other flammable or combustible liquid or gas seeps or leaks from a fuel container or commercial motor vehicle stopped upon a highway, an emergency warning signal producing a flame shall not be lighted or placed except at a distance from the liquid or gas as will assure the prevention of a fire or explosion.
(4)(A) A driver shall not use or permit the use of any flame-producing emergency signal for protecting any of the following:
(i) A commercial vehicle transporting Division 1.1, Division 1.2, or Division 1.3 explosives, as classified by the United States Department of Transportation. (ii) A cargo tank motor vehicle, whether loaded or empty, used for the transportation of any Class 3 flammable liquid or Division 2.1 flammable gas, as classified by the United States Department of Transportation.
(iii) A commercial motor vehicle using compressed gas as a motor fuel. (B) In lieu of a flame-producing emergency signal, emergency reflective triangles, red electric lanterns, or red emergency reflectors shall be used, the placement of which shall be in the same manner as prescribed in Section 392.22(b) of Title 49 of the Code of Federal Regulations. (e) The reflectors shall be displayed continuously during darkness while the vehicle remains disabled upon the roadway or parked or disabled within 10 feet thereof. (f) Subdivisions (b), (c), (d), and (e) do not apply to a vehicle under either of the following circumstances:
(1) Parked in a legal position within the corporate limits of any city. (2) Parked in a legal position upon a roadway bounded by adjacent curbs. (g) In addition to the reflectors specified in subdivision (a), an emergency warning sign or banner may be attached to a vehicle which is disabled upon the roadway or which is parked or disabled within 10 feet of a roadway.

Use of Fusees (Cal. Veh. Code, § 25305)
(a) No person shall place, deposit, or display upon or adjacent to any highway any lighted fusee, except as a warning to approaching vehicular traffic or railroad trains, or both, of an existing hazard upon or adjacent to the highway or highway-railroad crossing. (b) It is unlawful to use any fusee which produces other than a red light. The provisions of this subdivision shall not apply to any railroad, as defined in Section 229 of the Public Utilities Code. (c) No person shall attach or permit any person to attach a lighted fusee to any part of a vehicle.

Condition of Brakes; Control and Stopping Requirements; Power brake; Single Control (Cal.

Veh. Code, §§ 26453, 26454(a)-(b), 26458)
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Section 26453
All brakes and component parts thereof shall be maintained in good condition and in good working order. The brakes shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle.

Section 26454(a)-(b)
(a) The service brakes of every motor vehicle or combination of vehicles shall be adequate to control the movement of and to stop and hold the vehicle or combination of vehicles under all conditions of loading.
(b) Every motor vehicle or combination of vehicles, at any time and under all conditions of loading, shall, upon application of the service brake, be capable of stopping from an initial speed of 20 miles per hour according to the following requirements:

Maximum
Stopping
Distance
(feet)
(1) Passenger-carrying vehicles with a seating capacity of 10 or fewer persons, including the driver, and built on a passenger car chassis…………………….
20 (2) Passenger-carrying vehicles with a seating capacity of more than 10 persons, including the driver, and built on a passenger car chassis; vehicles built on a truck or bus chassis and having a GVWR of 10,000 pounds or less……………………………………….
25 (3) All other passenger-carrying vehicles……………… 35
(4) Single-unit property-carrying vehicles having a GVWR of 10,000 pounds or less…………………...
25 (5) Single-unit property-carrying vehicles having a GVWR of more than 10,000 pounds, except truck tractors; combinations of a 2-axle towing vehicle and trailer having a GVWR of 3,000 pounds or less; all combinations of 2 or fewer vehicles in driveaway or towaway operation…………………...
35 (6) All other property-carrying vehicles and combinations of propertycarrying vehicles………..40 Section 26458
(a) The braking system on every motor vehicle used to tow another vehicle shall be so 352
arranged that one control on the towing vehicle shall, when applied, operate all the service brakes on the power unit and combination of vehicles when either or both of the following conditions exist:

The towing vehicle is required to be equipped with power brakes.

The towed vehicle is required to be equipped with brakes and is equipped with power brakes.
(b) Subdivision (a) shall not be construed to prohibit motor vehicles from being equipped with an additional control to be used to operate the brakes on the trailer or trailers. (c) Subdivision (a) does not apply to any of the following combinations of vehicles, if the combination of vehicles meets the stopping distance requirements of Section 26454:

Vehicles engaged in driveaway-towaway operations.

Disabled vehicles, while being towed.

Towed motor vehicles.

Trailers equipped with inertially controlled brakes which are designed to be applied automatically upon breakaway from the towing vehicle and which are capable of stopping and holding the trailer stationary for not less than 15 minutes.

Required Equipment (Cal. Veh. Code, § 27700(a))
(a) Tow trucks shall be equipped with and carry all of the following:
(1) One or more brooms, and the driver of the tow truck engaged to remove a disabled vehicle from the scene of an accident shall remove all glass and debris deposited upon the roadway by the disabled vehicle which is to be towed.
(2) One or more shovels, and whenever practical the tow truck driver engaged to remove any disabled vehicle shall spread dirt upon that portion of the roadway where oil or grease has been deposited by the disabled vehicle;
(3) One or more fire extinguishers of the dry chemical or carbon dioxide type with an aggregate rating of at least 4-B, C units and bearing the approval of a laboratory nationally recognized as properly equipped to make the approval.

Tow Trucks, Repossessor’s Tow Vehicles or Automobile Dismantler’s Tow Vehicles (Cal. Veh.

Code, § 27907)
There shall be displayed in a conspicuous place on both the right and left side of a tow truck, a repossessor's tow vehicle, or an automobile dismantler's tow vehicle used to tow or carry vehicles a sign showing the name of the company or the owner or operator of the tow truck or tow vehicle.

The sign shall also contain the business address and telephone number of the owner or driver. 353
The letters and numbers of the sign shall not be less than 2 inches in height and shall be in contrast to the color of the background upon which they are placed.

A person licensed as a repossession agency pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code, or a registrant of the agency, may use the license number issued to the agency by the Department of Consumer Affairs in lieu of a name, business address, and telephone number.

NOTE: California Vehicle Code Section 25 prohibits the display of any sign, mark, or advertisement indicating an official connection with either the Department of Motor Vehicles or the Department of the California Highway Patrol unless such person has lawful authority, permission, or right to make such display.

Towing Requirements (Cal. Veh. Code, § 29004(a)-(c))
(a)(1) Except as required under paragraph (2), a towed vehicle shall be coupled to the towing vehicle by means of a safety chain, cable, or equivalent device in addition to the regular drawbar, tongue, or other connection.
(2) A vehicle towed by a tow truck shall be coupled to the tow truck by means of at least two safety chains in addition to the primary restraining system. The safety chains shall be securely affixed to the truck frame, bed, or towing equipment, independent of the towing sling, wheel lift, or under-reach towing equipment.
(3) A vehicle transported on a slide back carrier tow truck or on a trailer shall be secured by at least four tiedown chains, straps, or an equivalent device, independent of the winch or loading cable. This subdivision does not apply to vehicle bodies that are being transported in compliance with Sections 393.100 to 393.136, inclusive, of Title 49 of the Code of Federal Regulations. (b) All safety connections and attachments shall be of sufficient strength to control the towed vehicle in the event of failure of the regular hitch, coupling device, drawbar, tongue, or other connection. All safety connections and attachments also shall have a positive means of ensuring that the safety connection or attachment does not become dislodged while in transit. (c) No more slack may be left in a safety chain, cable, or equivalent device than is necessary to permit proper turning. When a drawbar is used as the towing connection, the safety chain, cable, or equivalent device shall be connected to the towed and towing vehicle and to the drawbar so as to prevent the drawbar from dropping to the ground if the drawbar fails. 354

EXHIBIT B

EQUIPMENT SPECIFICATIONS AND USE REQUIREMENTS
I. GENERAL EQUIPMENT SPECIFICATIONS AND USE EQUIPMENT:
a. Tow Truck and Car Carrier Classifications: Tow truck and car carrier classifications are based on the truck chassis GVWR, and the classification system used by the American Trucking Association (ATA) and truck manufacturers.

ATA and Manufacturers Classification CHP Classification a. Class 3 - 10,000-14,000 lbs. GVWR (Class A Tow Trucks) b. Class 4 - 14,001-16,000 lbs. GVWR (Class A Tow Trucks) c. Class 5 - 16,001-19,500 lbs. GVWR (Class A Tow Trucks) d. Class 6 - 19,501-26,000 lbs. GVWR (Class B Tow Trucks) e. Class 7 - 26,001-33,000 lbs. GVWR (Class B Tow Trucks) f. Class 8 - 33,001-or more GVWR (Class B Tow Trucks)
b. Equipment Limitations. All towing equipment, recovery equipment, and carrier ratings are based on structural factors only. Actual towing, carrying, and recovery capacity may be limited by the capacity of the chassis and the optional equipment selected.
c. Towing Limitations.
1) The total weight of the truck, including the lifted load, shall fall within the GVWR and not exceed either the front axle weight ratings (FAWR) or rear axle weight ratings (RAWR).
2) The truck must meet all applicable state and/or federal standards. 3) The front axle load must be at least fifty percent (50%) of its normal or unladen weight after the load is lifted.
d. Identification Labels. Each piece of towing equipment shall have a label or identification tag permanently affixed to the equipment in a prominent location to identify the manufacturer, serial number, model, and rated capacity. e. Recovery Equipment Rating. The basic performance rating of the recovery equipment is the weight the equipment can lift in a winching mode, when the boom is static at a 30-degree elevation with the load lines vertical and the lifting cables sharing the load equally, measured with a live load (weight or load cell). 1) The structural design of the recovery equipment must have a higher load capacity than the performance rating(s).
2) Winches shall conform to or exceed the specifications set forth by the Society of Automotive Engineers (SAE) Handbook, SAE 1706. 3) All ratings for cable and chain assemblies are for the undamaged assembly condition. All cable and chain assemblies should be the same type, 355
construction, and rating as specified by the original equipment manufacturer (OEM) for the equipment
f. Safety Chains. Safety chains shall be rated at no less than the rating specified by the OEM.
1) Two safety chains shall be used for vehicles being towed. The safety chains shall be securely affixed to the truck bed frame or wrecker boom, independent of the towing sling, bar or hitch, wheel lift, or under-lift towing equipment. The towed vehicle shall be secured to the towing equipment independent of the safety chains by either two chains or two straps. 2) Vehicles being transported on slide back carriers shall be secured by four tie-down chains or straps independent of the winch or loading cable. 3) All safety connections and attachments shall have a positive means of sufficient strength, to ensure that the safety connection or attachment cannot become disengaged while in transit.
g. Control/Safety Labels. All controls shall be clearly marked to indicate proper operations, as well as any special warnings or cautions. h. Signs. All tow trucks shall display signs on both sides containing Operator’s company name, business address, and telephone number. The signs shall be permanently affixed and in compliance with the requirements of Section 27907 of the California Vehicle Code.
i. Wire Rope (Cable). Wire rope shall be maintained in good condition. Only wire rope with swaged ends, wedge locks, or braided ends, with metal sleeves in the loops, shall be approved for use as approved by the CHP. Wire rope is not in good condition when it is stranded, knotted, crushed, excessively rusty, kinked, badly worn, when there are twelve (12) or more wires broken in lay length, or where there is other visible evidence of loss of strength.

II. TOW TRUCK CLASSIFICATIONS AND EQUIPMENT SPECIFICATIONS a. Class A Tow Truck Minimum Equipment Specifications:
4) 10,000 pound GVWR chassis.
5) 4-ton recovery equipment rating.
6) Hydraulic or mechanical winch(es).
7) 100 ft. 3/8” x 19 cable or original equipment manufacturers (OEM) specifications.
8) Tow chains, 5/16” alloy or OEM specifications, J/T hook assembly. 9) Safety chains, 5/16” alloy or OEM specifications.
10) Tow sling rating 3,000 pounds, when equipped.
11) Wheel lift safety straps or equivalent mechanical device. 12) All required wheel safety straps, or equivalent wheel retention device, tiedown straps, and safety chains shall be used during towing operations. 356
13) Tow dolly.
14) One 3-ton snatch block.
15) Wheel lift rating - retracted 3,000 pounds.
b. Class A Car Carrier - One Car Minimum Equipment Specifications:
1) 10,000 pound GVWR chassis.
2) Hydraulic or mechanical winch.
3) 50 ft. 3/8” 6 x 19 cable or OEM specifications.
4) J/T hook loading bridle/chains.
5) Safety chains, 5/16” alloy or OEM specifications; four safety chains for the vehicle being transported.
6) All required tie-down straps and safety chains shall be used as required during towing operations.
c. Class A Car Carrier - Two Cars Minimum Equipment Specifications:
1) 16,001 pound GVWR chassis.
2) Hydraulic or mechanical winch.
3) 50 ft. 3/8” 6 x 19 cable or OEM specifications.
4) J/T hook loading bridle/chains.
5) Safety chains 5/16” alloy or OEM specifications; four safety chains for the vehicle being transported and two safety chains for the vehicle being towed. 6) All required tie-down straps and safety chains shall be used during towing operations.
d. Class B Tow Truck Minimum Equipment Specifications:
1) 19,501 pound GVWR chassis.
2) Air brakes or hydraulic w/air hookup package.
3) 14-ton recovery equipment rating.
4) Hydraulic or mechanical winch(es).
5) 150 ft. 7/16” 6 x 10 cable or OEM specifications.
6) Tow chains, 1/2” alloy or OEM specifications.
7) Safety chains, 1/2” alloy or OEM specifications.
8) Tow sling rating 7,000 pounds.
9) Two 8-ton snatch blocks.
10) Wheel lift safety straps or equivalent mechanical device. 11) All required wheel safety straps, or equivalent wheel retention device, tiedown straps, and safety chains shall be used during towing operations. 357
12) Wheel lift or under lift rating - retracted, 10,000 pounds. e. Class B Car Carrier Minimum Equipment Specifications:
1) 19,501 pound GVWR chassis.
2) Hydraulic or mechanical winch.
3) 50 ft. 3/8” 6 19 cable or OEM specifications.
4) J/T hook loading bridle/chains.
5) Safety chains, 5/16” alloy or OEM specifications; four safety chains for each vehicle being transported and two safety chains for the vehicle being towed.
6) All required tie-down straps and safety chains shall be used during towing operations.
f. Class C Tow Truck Minimum Equipment Specifications:
1) 33,000 pound GVWR chassis.
2) Air brakes w/air hookup package and single control compressor. 3) 25-ton recovery equipment rating.
4) Hydraulic or mechanical winch(es).
5) 200 ft. 5/8” 6 x 19 cable or OEM specifications.
6) Tow chains, 5/8” alloy or OEM specifications.
7) Safety chains, 5/8” alloy or OEM specifications.
8) Tow sling rating 12,000 pounds.
9) Two 12-ton snatch blocks.
10) Under lift rating - retracted, 25,000 pounds.
g. Class D Tow Truck Minimum Equipment Specifications:
1) 50,000 pound GVWR chassis.
2) Air brakes w/air hookup package.
3) 30-ton recovery equipment rating.
4) Hydraulic or mechanical winch(es).
5) 250 ft. 3/4” 6 x 19 cable or OEM specifications.
6) Tow chains, 5/8” alloy or OEM specifications.
7) Safety chains, 5/8” alloy or OEM specifications.
8) Tow sling rating 20,000 pounds.
9) Two 12-ton snatch blocks.
10) Under lift rating - retracted, 32,000 pounds.
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III. AUXILIARY EQUIPMENT
a. Required Equipment All Classes:
1) Extension - Brake and tail lamps.
2) Fire Extinguisher (Approved 4-B, C rating or better). 3) Flashlight.
4) Broom.
5) Shovel.
6) Wrecking bar (large pry bar).
7) Reflective triangles.
8) Equivalent of six 30-minute flares.
9) Covered trans can(s) with absorbent.
10) Shop rags and/or paper towels.
11) Shop to truck communications (C/B and cellular phones excluded). b. Service and Other Equipment - (For service calls, each tow truck shall be equipped with the following service equipment):
1) Adequate emergency supply of fuel in an approved container. 2) Booster battery or hot box starting system.
3) Hydraulic jack capable of handling passenger cars and light trucks. 4) Metric and standard lug wrenches.
5) Rubber mallet/hub cap tool.
6) Lockout tools.
7) Motorcycle straps (Class A only).
8) Sledge hammer.
9) Tool kit may include:
a) Assorted open end wrenches; standard 1/4” - 7/8” and Metric, 6- 19 mm.
b) Assorted screwdrivers; Straight blade, Phillips and Torx. c) Crescent wrench.
d) Ball peen hammer.
e) Pliers.
f) Battery and terminal cleaning tools.
g) Mechanic’s wire.
h) Plastic electrical tape/duct tape.
359
i) Tire valve core tool.
j) Miscellaneous fuses.
k) Small pry bar.
l) Socket Sets; 1/4” - I” and 6-19 mm.
m) Ratchet and extensions.
c. Class A Required Equipment:
1) One 3-ton rated snatch block.
2) Towing sling - J/T hook tow chain assembly, a 4” x 4” x 48” and a 4” x 4” x 60” wooden crossbeam, a pair of spacer blocks, a steering wheel clamp, a towing dolly, and safety chains.
3) Wheel lift - Wheel safety straps or equivalent mechanical device, steering wheel clamp, towing dolly, and safety chains.
4) Car carrier - J/T Hook loading bridle, a 4” x 4” x 48” and 4” x 4” x 60” wooden crossbeam, a pair of spacer blocks, and two pairs of safety chains. d. Class B Required Equipment:
1) Towing sling - J/T hook tow chain assembly, a 4” x 4” x 48” and a 4” x 4” x 60” wooden crossbeam, a pair of spacer blocks, a steering wheel clamp, a towing dolly, and safety chains.
2) Wheel lift - Wheel safety straps or equivalent mechanical device, steering wheel clamp, towing dolly, and safety chains.
3) Truck hitch - Tow chain assembly, 4” x 4” x 60” and 6” x 6” x 60” wooden crossbeams (as necessary), aluminum tow angle(s), and safety chains. 4) Under lift - Assortment of lift forks/adapters, safety tie-down chains, and safety chains.
5) Two 8-ton rated snatch blocks.
6) Air hoses and necessary fittings to provide air to the towed vehicle. e. Classes C and D Required Equipment:
1) Towing sling - Tow chain assembly, 4” x 4” x 60” and 6” x 6” x 60” wooden crossbeam, a pair of spacer blocks, a steering wheel clamp, and safety chains.
2) Truck hitch - Tow chain assembly, 4” x 4” x 60” and 6” x 6” x 60” wooden crossbeams (as necessary), aluminum tow angle(s), and safety chains. 3) Under reach - Assortment of lift forks/adapters, safety tie-down chain(s), and safety chains.
4) Steering wheel clamp.
5) Two 12-ton rated snatch blocks.
360
6) Air hoses and necessary fittings to provide air to the towed vehicle. 361

EXHIBIT C

RATES FOR TOWING AND STORAGE SERVICES REQUESTED BY THE BANNING

POLICE DEPARTMENT
The following rate structure shall apply for all towing and storage services requested by the City of Banning Police Department (“BPD”) and/or the City of Banning Code Enforcement Department (“BCED”).

Operator’s fees and rates charged to customers towed pursuant to City request must remain within ten percent (10%) of the amounts set forth in this Exhibit C. If rates charged to tow customers pursuant to City request exceed ten percent (10%) of these rates, the City may declare a Default.

With respect to all towing service rates set forth in Sections A and B below (and only Sections A and B), Operator may add-on $138.00 to recover the City’s cost of service as specified in Section 23(a) of this Agreement. The rates listed below include the admin fee of $138.00:

A. BASE TOWING RATE (Light Duty- Class A)
$290.00 PER HOUR
The base rate per tow shall apply to all towed passenger vehicles and trucks rated at less than 10,000 lbs. gross vehicle weight. This rate also applies to difficult removal work involving the removal of vehicles from deep ditches or flood control channels or burning apart of two entangled vehicles.

B. HEAVY DUTY HOURLY TOWING RATE:

1. TWO (2) AXLE CATEGORY (Medium Duty- Class B):
$358.00 PER HOUR
The two (2) axle category shall apply to all towed vehicles with a rate capacity of 10,000 lbs. gross vehicle weight to, but not including, vehicles with 30,000 lbs. gross vehicle weight.

2. THREE (3) AXLE CATEGORY (Heavy Duty- Class C):
$508.00 PER HOUR
The three (3) axle hourly rate shall apply to all towed vehicles with a rate capacity of 30,000 pounds’ gross vehicle weight or more.

The hourly rate for heavy duty towing (two and three axle) shall commence when the tow truck arrives on the scene and includes difficult removal work involving the removal of vehicles from deep ditches or flood control channels, burning apart two entangled vehicles, up righting overturned vehicles, and the use of special equipment and preparation prior to towing.

3. THREE (3) AXLE CATEGORY (Extra Heavy Duty- Class D):
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$508.00 PER HOUR
The three (3) axle extra heavy duty hourly rate shall apply to all towed vehicles with a rate capacity of 50,000 pounds’ gross vehicle weight or more.

The hourly rate for extra heavy duty towing (three and four axle) shall commence when the tow truck arrives on the scene and includes difficult removal work involving the removal of vehicles from deep ditches or flood control channels, burning apart two entangled vehicles, up righting overturned vehicles, and the use of special equipment and preparation prior to towing.

C. CHARGES FOR RELATED SERVICES:

1. CITY VEHICLE/EVIDENCE TOWS: No Charge/No Towing Program Fee With respect to a BPD/BCED request for a tow of a City-owned vehicle or a vehicle being towed for BPD/BCED’s evidence uses, there shall be no charge for such services at a maximum distance of one hundred (100) miles round-trip, which the distance shall commence at the departure location of the tow truck. Operator shall not be required to pay a Towing Program Fee ($138.00) with respect to these tows.

D. STORAGE: (Per Day)
Class A-Inside Storage Not Available
Class B-Inside Storage Not Available
Class C-Inside Storage Not Available
Class D-Inside Storage Not Available
Class A-Outside Storage $86.00 Per Day
Class B-Outside Storage $98.00 Per Day
Class C-Outside Storage $114.00 Per Day
Class D-Outside Storage $114.00 Per Day
The above standard rates apply per vehicle for storage per twenty-four (24) hour period, or any portion thereof. Notwithstanding the foregoing, Operator shall not charge a storage fee to the vehicle owner or the City for the period during which a vehicle is stored by BPD or BCED on City-owned property for the processing of evidence. Operator is only entitled to charge a storage fee for the day(s) that vehicles are stored in Operator’s storage facility.

E. ADDITIONAL CONDITIONS:

1. Above towing charges shall apply regardless of the location from which the tow is made or the location of the storage area or garage where the vehicle is delivered.

Such towing charges shall include any and all clearing and cleanup of the accident site by the tow truck operator, as required by the BPD or BCED in its sole and absolute discretion.

2. There shall be no additional charge for righting an overturned passenger car or light pickup truck, if towing is involved.
363

3. There shall be no additional charge for disconnecting a drive shaft where required for towing.

4. The service of reconnecting the drive shaft, in the event such reconnecting is necessary, shall be performed without additional charge.

F. RATE SCHEDULE:

1. The rates charged by Operator for towing and storage services shall be applicable for the entire term of this Agreement. Should there be a dispute regarding the fees and charges for towing and/or storage of vehicles or other charges, the dispute shall be decided by the Contract Administrator in his or her sole discretion. Such decision by the Contract Administrator shall be final and binding upon Operator; and Operator shall not make any demand upon the owner of the vehicle for a sum in excess of the amount determined by the Contract Administrator.

2. Adjustment to Towing/Storage Rates. Towing and storage rates may be reviewed annually, and adjusted to match the local rates provided in the published report established each year by the CHP. Operator must notify the Contract Administrator in writing of a request for any tow and storage rate increase to match the CHP rates.

The Banning Police Department will verify any rate increases with the CHP. Any disputes will be reconciled through a meeting between the Contract Administrator, and Operator’s duly-authorized representative. If the rate increases are verified and approved, the new rates will take effect on January 1st of that following year.

Operator agrees that the determination of the Contract Administrator concerning tow and storage rates shall be final.

G. COLLECTION OF FEES IMPOSED BY AND ON BEHALF OF THE CITY.

Operator understands and accepts that it is the City’s obligation to collect any fees imposed by, and on behalf of, the City of Banning related to towing, storage, release of vehicles, including but not limited to, vehicles stored/impounded for State violations.

All vehicle impounds, storage, and forfeitures resulting from the City’s enforcement of California Vehicle Code Sections 14602.6, 14602.7, and 14607.6, and any related statutes.

BPD may inspect copies of all lien sale transactions and/or copies of all documents related to these transactions.
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EXHIBIT D

ACKNOWLEDGEMENT TO BE SIGNED BY ALL TOWING EMPLOYEES

1. DRIVER INFORMATION GENERALLY
a. Drivers shall be at least eighteen (18) years old and possess the following minimum class driver license.
1) Class A tow truck - A valid Class C license, or a valid Class A license with valid medical certificate.
2) Class B tow truck - A valid Class C license for non-regulated vehicles, or a valid Class A license with valid medical certificate for regulated vehicles pursuant to California Vehicle Code Section 34500.
3) Class C and D tow trucks - A valid Class A license with valid medical certificate.
b. The Class A license must be endorsed to allow operation of special vehicle configurations and/or special cargoes as described herein. c. All Drivers shall be enrolled in the Employer Pull Notice Program (“EPN”). 1) Upon the addition of new drivers, an Operator will be granted a maximum of thirty (30) days to enroll drivers in the Pull Notice Program. 2) Pull Notices shall be kept on file, signed and dated by Operator. d. Drivers shall wear an identifiable uniform shirt displaying the company and Driver’s names while engaged in BPD or BCED rotation tow operations. They will not wear any hat, head covering, or garment that displays any logo other than the logo of Operator.
e. Drivers shall wear a safety vest or reflectorized clothing, meeting Occupational Safety and Health Administration (OSHA) requirements.
f. Employees shall refrain from any act(s) of misconduct, including, but not limited to, any of the following:
1) Rude or discourteous behavior.
2) Lack of service, selective service, or refusal to provide service which employee is or should be capable of performing.
3) Any act of sexual harassment or sexual impropriety.
4) Unsafe driving.
5) Exhibiting any objective symptoms of alcohol and/or drug use. 6) Appearing at the scene of a BPD or BCED call with the odor of an alcoholic beverage emitting from his or her breath. Drivers shall submit to a preliminary alcohol screening test upon demand of the BPD. 365
7) Use of radios or other music equipment or telephone ringers at levels that are excessively loud or cause disturbance to neighbors, as determined in the BPD’s or BCED’s sole and absolute discretion.
8) Animals on premises, except watchdogs. However, watchdogs shall be maintained within Operator’s premises by a fence that is adequate to contain the dog within the premises. The BPD or BCED may require Operator to remove the dog from the premises if, in the BPD’s or BCED’s sole and absolute discretion, the dog barks excessively.
9) In the event of a misdemeanor traffic violation(s) by Driver(s) which is/are known by the BPD, the BPD shall advise Operator of the violation(s) Operator will be granted the opportunity to take necessary steps to ensure that such Driver(s) drive(s) in compliance with law. Any subsequent traffic violation(s) by Operator and/or the involved employee may be cause for appropriate disciplinary action against Operator and/or the involved employee(s).
10) Any traffic violation(s) involving a felony may be cause for immediate disciplinary action against Driver.
g. Any arrest, charge, or conviction of Operator, its employee(s), officer(s), or agent(s) involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a drug related offense, felony 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 BPD and/or BCED tow call, or moral turpitude shall be cause for suspension of Operator, it’s employee(s), officer(s), or agent(s), or immediate termination this Agreement. h. All surfaces of any Operator storage facility shall be in good repair without broken parts, holes, potholes, or litter and in such a condition that ensures that no damage to vehicles will result. Employees shall prevent contamination of soil with gasoline, oil, grease, or any other contaminating substance as specified by federal, state, and local laws.
i. The BPD or BCED will complete a detailed written inventory of all personal property in any vehicle which is towed and stored or towed and impounded by Operator at their request, and the responding Driver shall complete the appropriate section on the BPD’s or BCED’s form and shall sign said form. A copy of said signed form shall be given to the responding Driver and shall be retained by Operator.
j. Under no circumstances may a vehicle and/or personal property located in a vehicle be released by Operator to the vehicle owner or his or her designated representative without the express written permission from the BPD and/or the BCE.

2. RATES AND TIME CHARGED FOR BPD/BCED CALLS
a. Rates charged to vehicle owners for calls originating from the City shall not exceed ten percent (10%) of the maximum rate amounts for towing and impounds chargeable to vehicle owners as determined by the California Highway Patrol (“CHP”) for the Banning region. The CHP-approved rates are those contained in 366
Exhibit C to this Agreement. If the CHP authorizes or amends new maximum rates for towing services, then the Parties may, without further City Council authorization, amend or replace Exhibit C to be consistent with the CHP’s rate structure. The City shall not unreasonably deny or withhold its approval of any amendment to Exhibit C so long as they are consistent with CHP-approved rates.
b. Regardless of the class of tow truck utilized or responding to the call, charges shall not be more than for the class of vehicle towed or serviced, except when an operation involving the process of up righting an overturned vehicle or returning a vehicle to a normal position on the roadway that required the use of auxiliary equipment due to the size or location of the vehicle occurs (“Vehicle Recovery Operations”), thereby requiring a larger class of tow truck. This will normally be limited to operations requiring a Class B, C, or D tow truck(s). c. The rate of towing shall be computed beginning from the time of departure from the place of business or point of dispatch whichever is closer to the location of the call, and shall end at the estimated time of return to the place of business or the completion of the call, if another call is pending, whichever is shorter. Return to place of business includes a reasonable and verifiable amount of time required to place the tow truck back into service when unusual circumstances require additional time that is not part of normal operating procedures. (Examples: (i) 4x4 recovery in the mud; reasonable to charge for cleaning mud from truck and equipment; (ii) burned car on car carrier: reasonable to charge for cleaning burn debris from carrier bed; (iii) car towed from side of road on misty night and leaves mud track on bed of carrier: not reasonable to charge for cleaning of carrier bed.) (“Portal to Portal”).) Time expended shall be charged at a rate not to exceed the authorized hourly rate.

Time expended in excess of the minimums shall also be at the hourly rate in no more than one (1) minute increments. There shall be no additional charges, including, without limitation, mileage or labor charges. 1) Operator may charge the registered vehicle owner up to a thirty (30) minute minimum per call for 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 a BPD officer or BCED officer (“Base Service”). 2) Operator may charge the registered vehicle owner up to a one-(1)-hour minimum per call on public safety response calls, which means a response that results in the storage of a vehicle at the direction of a BPD officer or a BCED officer and does not include storage at the request of the vehicle operator, registered owner, or agent.
3) Operator shall base towing charges upon the class of vehicle being towed regardless of the class of truck used, except when vehicle recovery operations require a larger class truck.

3. RESPONSE TIME
a. Responsive Service. Drivers shall respond to the BPD and BCED calls twenty-four (24) hours per day, seven (7) days per week, within the maximum response time established by this Agreement. “Response time” shall mean the period of time from Operator’s notification by the BPD or BCED dispatch of a call to the arrival of the 367
tow truck at the location requested. When Operator will be temporarily unavailable to provide services due to a preplanned or scheduled activity (e.g., vacations, maintenance, medical leave), Operator’s representative shall notify the BPD and BCED at least twenty-four (24) hours prior to the date that services will be unavailable, noting the times and dates of the unavailability. Operator shall respond with a tow truck of the class required to tow the vehicle specified by the BPD and/or BCED. If, after accepting the call, Operator is unable to respond or will be delayed in responding, Operator shall immediately notify the BPD and/or BCED dispatch.

In such case, the BPD and/or BCED shall have the right to use an alternative tow operator holding a towing franchise to provide the services for such call. Operator shall not assign any calls to other tow operators.
1) Response Times: Employees shall respond to BPD and BCED calls for critical tow circumstances (e.g., traffic collisions, impounds, hazards, road blockages) within twenty (20) minutes.
a) Response Time. Operator’s response to calls from the BPD and BCED for towing service shall not exceed twenty (20) minutes from the time Operator received the request from the BPD or BCED to the time the tow vehicle arrives at the location from which the tow is to be made.
b) Three Axle Tow Truck. The maximum response time
notwithstanding, when a three axle tow truck is required and Operator subcontracts for use of three (3) axle tow truck, Operator’s shall not exceed thirty (30) minutes.
c) If Operator has not arrived on the scene within the twenty-minute maximum time, the BPD or BCED may request a tow vehicle from another tow operator specified on the rotation list, and Operator may not take the tow. A failure to respond and perform required towing or service and/or repeated failure(s) to meet the maximum response time requirements shall constitute failure to comply with the terms and conditions of this Agreement. The Contract Administrator may, in his or her sole and absolute discretion, take immediate disciplinary action for and flagrant violation of the requirement to respond within the maximum response time.
d) Upon receiving requests for tow service by the BPD or BCED, Operator shall record the time such requests are made and the time at which a tow vehicle is dispatched and maintain such record for at least six (6) months.
b. In responding to a BPD or BCED call, the Driver shall perform the towing or service required for which Operator was called. This requirement may be waived by the BPD or BCED Officer-in-Charge, if the requested equipment is inadequate for the service to be performed; provided, however, if Operator supplies the wrong equipment, the BPD and/or BCED shall have the automatic and immediate right to use an alternative tow operator holding a towing franchise with the City to provide the services for such call.
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c. Drivers shall not respond to a BPD or BCED call assigned to another tow truck operator unless requested to do so by the BPD or BCED. If a tow truck operator assigned to the initial BPD or BCED call requires the assistance of an additional operator at the scene, the tow truck operator assigned to the initial call may, subject to the prior approval of the BPD or BCED Officer-in-Charge, request the assistance of Operator. If Operator, who was not called to a scene, comes upon a collision scene where a vehicle or vehicles are blocking a roadway and a BPD or BCED Officer-in-Charge requests its assistance in clearing the roadway, Operator may be requested to move the vehicle to a safe location, as directed by the officer, and leave the vehicle.
d. Only the actual number and type of tow truck personnel and equipment requested by the BPD or BCED from Operator shall respond to a BPD or BCED call.

Additional tow truck personnel and equipment shall be pre-approved by the BPD or BCED Officer-in-Charge. This shall not preclude the Driver from responding to an incident to ascertain if additional assistance or equipment is required. There shall be no additional charge by Operator for any personnel or equipment that is not necessary to perform the required service.

4. GENERAL EQUIPMENT SPECIFICATIONS AND USE EQUIPMENT
a. Tow Truck and Car Carrier Classifications: Tow truck and car carrier classifications are based on the truck chassis GVWR, and the classification system used by the American Trucking Association (ATA) and truck manufacturers.

ATA and Manufacturers Classification CHP Classification Class 3 - 10,000-14,000 lbs. GVWR (Class A Tow Trucks)
Class 4 - 14,001-16,000 lbs. GVWR (Class A Tow Trucks)
Class 5 - 16,001-19,500 lbs. GVWR (Class A Tow Trucks)
Class 6 - 19,501-26,000 lbs. GVWR (Class B Tow Trucks)
Class 7 - 26,001-33,000 lbs. GVWR (Class B Tow Trucks)
Class 8 - 33,001-or more GVWR (Class B Tow Trucks)
b. Equipment Limitations. All towing equipment, recovery equipment, and carrier ratings are based on structural factors only. Actual towing, carrying, and recovery capacity may be limited by the capacity of the chassis and the optional equipment selected.
c. Towing Limitations.
1) The total weight of the truck, including the lifted load, shall fall within the GVWR and not exceed either the front axle weight ratings (FAWR) or rear axle weight ratings (RAWR).
2) The truck must meet all applicable state and/or federal standards. 3) The front axle load must be at least fifty percent (50%) of its normal or unladen weight after the load is lifted.
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d. Identification Labels. Each piece of towing equipment shall have a label or identification tag permanently affixed to the equipment in a prominent location to identify the manufacturer, serial number, model, and rated capacity. e. Recovery Equipment Rating. The basic performance rating of the recovery equipment is the weight the equipment can lift in a winching mode, when the boom is static at a 30-degree elevation with the load lines vertical and the lifting cables sharing the load equally, measured with a live load (weight or load cell). 1) The structural design of the recovery equipment must have a higher load capacity than the performance rating(s).
2) Winches shall conform to or exceed the specifications set forth by the Society of Automotive Engineers (SAE) Handbook, SAE 1706. 3) All ratings for cable and chain assemblies are for the undamaged assembly condition. All cable and chain assemblies should be the same type, construction, and rating as specified by the original equipment manufacturer (OEM) for the equipment.
f. Safety Chains. Safety chains shall be rated at no less than the rating specified by the OEM.
1) Two safety chains shall be used for vehicles being towed. The safety chains shall be securely affixed to the truck bed frame or wrecker boom, independent of the towing sling, bar or hitch, wheel lift, or under-lift towing equipment. The towed vehicle shall be secured to the towing equipment independent of the safety chains by either two chains or two straps. 2) Vehicles being transported on slide back earners shall be secured by four tie-down chains or straps independent of the winch or loading cable. 3) All safety connections and attachments shall have a positive means of sufficient strength, to ensure that the safety connection or attachment cannot become disengaged while m transit.
g. Control/Safety Labels. All controls shall be clearly marked to indicate proper operations, as well as any special warnings or cautions h. Signs. All tow trucks shall display signs on both sides containing Operator’s company name, business address, and telephone number. The signs shall be permanently affixed and in compliance with the requirements of Section 27907 of the California Vehicle Code.
i. Wire Rope (Cable). Wire rope shall be maintained in good condition. Only wire rope with swaged ends, wedge locks, or braided ends, with metal sleeves in the loops, shall be approved for use as approved by the CHP. Wire rope is not in good condition when it is stranded, knotted, crushed, excessively rusty, kinked, badly worn, when there are twelve (12) or more wires broken in lay length, or where there is other visible evidence of loss of strength.

5. TOW TRUCK CLASSIFICATIONS AND EQUIPMENT SPECIFICATIONS a. Class A Tow Truck Minimum Equipment Specifications:
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1) 10,000 pound GVWR chassis.
2) 4-ton recovery equipment rating.
3) Hydraulic or mechanical winch(es).
4) 100 ft. 3/8” x 19 cable or original equipment manufacturers (OEM) specifications.
5) Tow chains, 5/16” alloy or OEM specifications, J/T hook assembly. 6) Safety chains, 5/16” alloy or OEM specifications.
7) Tow sling rating 3,000 pounds, when equipped.
8) Wheel lift safety straps or equivalent mechanical device. 9) All required wheel safety straps, or equivalent wheel retention device, tiedown straps, and safety chains shall be used during towing operations. 10) Tow dolly.
11) One 3-ton snatch block.
12) Wheel lift rating - retracted 3,000 pounds.
b. Class A Car Carrier - One Car Minimum Equipment Specifications 1) 10,000 pound GVWR chassis.
2) Hydraulic or mechanical winch.
3) 50 ft. 3/8” 6 x 19 cable or OEM specifications.
4) J/T hook loading bridle/chains.
5) Safety chains, 5/16” alloy or OEM specifications; four safety chains for the vehicle being transported.
6) All required tie-down straps and safety chains shall be used as required during towing operations.
c. Class A Car Carrier - Two Cars Minimum Equipment Specifications 1) 16,001 pound GVWR chassis.
2) Hydraulic or mechanical winch.
3) 50 ft. 3/8” 6 x 19 cable or OEM specifications.
4) J/T hook loading bridle/chains.
5) Safety chains 5/16” alloy or OEM specifications; four safety chains for the vehicle being transported and two safety chains for the vehicle being towed. 6) All required tie-down straps and safety chains shall be used during towing operations.
d. Class B Tow Truck Minimum Equipment Specifications
1) 19,501 pound GVWR chassis.
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2) Air brakes or hydraulic w/air hookup package.
3) 14-ton recovery equipment rating.
4) Hydraulic or mechanical winch(es).
5) 150 ft. 7/16” 6 x 10 cable or OEM specifications.
6) Tow chains, 1/2” alloy or OEM specifications.
7) Safety chains, 1/2” alloy or OEM specifications.
8) Tow sling rating 7,000 pounds.
9) Two 8-ton snatch blocks.
10) Wheel lift safety straps or equivalent mechanical device. 11) All required wheel safety straps, or equivalent wheel retention device, tiedown straps, and safety chains shall be used during towing operations. 12) Wheel lift or under lift rating - retracted, 10,000 pounds. e. Class B Car Carrier Minimum Equipment Specifications 1) 19,501 pound GVWR chassis
2) Hydraulic or mechanical winch.
3) 50 ft. 3/8” 6 19 cable or OEM specifications.
4) J/T hook loading bridle/chains.
5) Safety chains, 5/16” alloy or OEM specifications; four safety chains for each vehicle being transported and two safety chains for the vehicle being towed.
6) All required tie-down straps and safety champs shall be used during towing operations.
f. Class C Tow Truck Minimum Equipment Specifications
1) 33,000 pound GVWR chassis.
2) Air brakes w/air hookup package and single control compressor. 3) 25-ton recovery equipment rating.
4) Hydraulic or mechanical winch(es).
5) 200 ft. 5/8” 6 x 19 cable or OEM specifications.
6) Tow chains, 5/8” alloy or OEM specifications.
7) Safety chains, 5/8” alloy or OEM specifications
8) Tow sling rating 12,000 pounds.
9) Two 12-ton snatch blocks.
10) Under lift rating - retracted, 25,000 pounds.
g. Class D Tow Truck Minimum Equipment Specifications
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1) 50,000 pound GVWR chassis.
2) Air brakes w/air hookup package.
3) 30-ton recovery equipment rating.
4) Hydraulic or mechanical winch(es).
5) 250 ft. 3/4” 6 x 19 cable or OEM specifications.
6) Tow chains, 5/8” alloy or OEM specifications.
7) Safety chains, 5/8” alloy or OEM specifications.
8) Tow sling rating 20,000 pounds.
9) Two 12-ton snatch blocks.
10) Under lift rating - retracted, 32,000 pounds.

6. AUXILIARY EQUIPMENT
a. Required Equipment All Classes
1) Extension - Brake and tail lamps.
2) Fire Extinguisher (Approved 4-B, C rating or better). 3) Flashlight.
4) Broom.
5) Shovel.
6) Wrecking bar (large pry bar).
7) Reflective triangles.
8) Equivalent of six 30-minute flares.
9) Covered trans can(s) with absorbent
10) Shop rags and/or paper towels.
11) Shop to truck communications (C/B and cellular phones excluded). b. Service and Other Equipment - (For service calls, each tow truck shall be equipped with the following service equipment):
1) Adequate emergency supply of fuel in an approved container. 2) Booster battery or hot box starting system.
3) Hydraulic jack capable of handling passenger cars and light trucks. 4) Metric and standard lug wrenches.
5) Rubber mallet/hub cap tool.
6) Lockout tools.
7) Motorcycle straps (Class A only).
8) Sledge hammer.
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9) Tool kit may include:
a) Assorted open end wrenches; standard 1/4” - 7/8” and Metric, 6- 19 mm.
b) Assorted screwdrivers; Straight blade, Phillips and Tone c) Crescent wrench.
d) Ball peen hammer.
e) Pliers.
f) Battery and terminal cleaning tools.
g) Mechanic’s wire.
h) Plastic electrical tape/duct tape.
i) Tire valve core tool.
j) Miscellaneous fuses.
k) Small pry bar.
l) Socket Sets; 1/4” - 1” and 6-19 mm.
m) Ratchet and extensions.
c. Class A Required Equipment
1) One 3-ton rated snatch block.
2) Towing sling - J/T hook tow chain assembly, a 4” x 4” x 48” and a 4” x 4” x 60” wooden crossbeam, a pair of spacer blocks, a steering wheel clamp, a towing dolly, and safety chains.
3) Wheel lift - Wheel safety straps or equivalent mechanical device, steering wheel clamp, towing dolly, and safety chains.
4) Car carrier - J/T Hook loading bridle, a 4” x 4” x 48” and 4” x 4” x 60” wooden crossbeam, a pair of spacer blocks, and two pairs of safety chains. d. Class B Required Equipment
1) Towing sling - J/T hook tow chain assembly, a 4” x 4” x 48” and a 4” x 4” x 60” wooden crossbeam, a pair of spacer blocks, a steering wheel clamp, a towing dolly, and safety chains.
2) Wheel lift - Wheel safety straps or equivalent mechanical device, steering wheel clamp, towing dolly, and safety chains.
3) Truck hitch - Tow chain assembly, 4” x 4” x 60” and 6” x 6” x 60” wooden crossbeams (as necessary), aluminum tow angle(s), and safety chains. 4) Under lift - Assortment of lift forks/adapters, safety tie-down chains, and safety chains.
5) Two 8-ton rated snatch blocks.
6) Air hoses and necessary fittings to provide air to the towed vehicle. 374
e. Classes C and D Required Equipment
1) Towing sling - Tow chain assembly, 4” x 4” x 60” and 6” x 6” x 60” wooden crossbeam, a pair of spacer blocks, a steering wheel clamp, and safety chains.
2) Truck hitch - Tow chain assembly, 4” x 4” x 60” and 6” x 6” x 60” wooden crossbeams (as necessary), aluminum tow angle(s), and safety chains. 3) Under reach - Assortment of lift forks/adapters, safety tie-down chain(s), and safety chains.
4) Steering wheel clamp.
5) Two 12-ton rated snatch blocks.
6) Air hoses and necessary fittings to provide air to the towed vehicle. 375

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Brandon Smith, Lieutenant
Derek Thesier, Acting Chief of Police
MEETING DATE: June 25, 2024
SUBJECT: Consideration of Resolution 2024-97, Adopting the Local Hazard Mitigation Plan (LHMP) as required by the Federal Disaster Mitigation and Cost Reduction Act of 2000
RECOMMENDATION:

Adopt Resolution 2024-97.

BACKGROUND:

On October, 30 2020, President Clinton signed H.R. 707, the Disaster Mitigation and Cost Reduction Act of 2020, into law. The Disaster Mitigation Act of 2020 requires all jurisdictions to be covered by a Local Hazard Mitigation Plan (LHMP) to be eligible for Federal Emergency Management Agency post-disaster funds. The City of Banning Police Department worked with the County of Riverside Emergency Management Department (EMD) to develop the LHMP for the City of Banning.

JUSTIFICATION:

The Banning Police Department has worked with the County of Riverside Emergency Management Department to develop the 2023 City of Banning Local Hazard Mitigation Plan (LHMP). The 2023 City of Banning LHMP has been through a rigorous review process prior to being brought to the Banning City Council for adoption. It was reviewed and approved by County and State officials, and then received approval from the Federal Emergency Management Agency (FEMA).

FISCAL IMPACT:

No cost associated with the adoption of the LHMP. Approval of Resolution 2024-XX and adoption of the 2023 City of Banning LHMP allows the City of Banning to become eligible for Federal Emergency Management Agency post-disaster funds.

ALTERNATIVES:

Elect not to approve Resolution 2024-97 and provide staff with alternative direction. 376

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk MEETING DATE: June 25, 2024
SUBJECT: Consideration of Resolution 2024-98, Adopting Regulations for Candidates for Elective Office Pertaining to the Electorate and the Costs Thereof for the General Municipal Election to be Held in the City on Tuesday, November 5, 2024
RECOMMENDATION:

Adopt Resolution 2024-98.

BACKGROUND:

Per Section 13307 of the California Elections Code, the governing body of any local agency may adopt regulations pertaining to materials prepared by any candidate for a municipal election, including the costs thereof. Adoption of this resolution is needed so that if a candidate elects to have a candidate’s statement they will have regulations to follow and pay his or her pro rata share of the costs of a statement to be included in the voters’ pamphlet.

JUSTIFICATION:

Each candidate is responsible for the entire cost of filing their candidate statements. Since the total due is not known until after the election, the City collects a deposit--set by the Riverside County Registrar of Voters each election cycle--until billed for the full amount. The City remits payment to the Riverside County Registrar of Voters and then settles up with each candidate. In each instance, the candidate will either:

1. Receive a refund, if the total due was less than the total deposit amount;

2. Receive a bill to pay the remaining total, if the total due exceeded the deposit amount; or

3. Receive neither a bill or a refund, if the total due was equal to the deposit amount.

FISCAL IMPACT:

All costs associated with Candidate Statements are pass through costs. The candidate pays the statement fee to the City. The City is then billed for the Candidate Statements with the total cost of the election.

ALTERNATIVES:

No action would result in not allowing for candidates to prepare a candidate’s statement for inclusion in the Riverside County voters’ pamphlet.

ATTACHMENTS:

2. Resolution 2024-98, Election Regulations.docx
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Resolution 2024-98