Rem No.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL APPROVED 13Y
CITY MANAGER
FROM: OFFICE OF THE CITY MANAGER
BY: LESLIE R. MURRAY, CHIEF OF POLICE
IWAS101*61
A
llIllllllll�'j • ZfAT 'J:4 ZJVA f1j 11 A 06*6jZJrA1 i •I I 'I Alois
W3 KAI :fACj:&,A 0—M 0 -h-
The Police Department impounds approximately 1,300 vehicles per year. These vehicles are impounded typically for the following reasons: parking in "No Stopping Zones;" expired registration (over 6 months); unpaid parking citations (5 or more); arrest of driver (when necessary); and for evidence when the vehicle is involved in a crime,
On August 31, 2022, the City of Downey sent out a notice for a Request for Formal Proposals (RFP) for a non-exclusive franchise agreement for towing and storage services.
The City has historically sought out towing franchise agreements to maintain and control costs, to ensure a fair market for such services exists, and to maintain the integrity of property storage. One (1) qualified company returned a proposal by the deadline. Subsequently, the Police Management Staff evaluated the proposal as required in the RFP. After negotiation of the final agreement language, two changes were made to the agreement for final City Council consideration and approval:
(1) The hours of operation contained in Section 14 and 24 were changed from 7:30 a.m. to
1 1-4-
TOWING AND STORAGE SERVICES WITH TITAN TRANSPORTATION, INC.
PAGE 2
7:30 p.m. to 7:00 a.m. to 5:30 p.m. The change of hours reduces staffing needs, while limiting any impact to services. The towing company shall have an attendant on duty after hours to accommodate the release of vehicles after normal business hours. The 5:30 p.m. end time is consistent with the closing of the Police Department's Records from the towing company; and,
(2) The definition of "gross revenues" was augmented to exclude certain processing !ees to 3%. As a result of changing laws, fewer vehicles are impounded making it mo difficult for towing franchises to sustain operations. In consideration of the need to be - profitable business to sustain operations and considering fees charged to the towi franchise are not truly revenue, it was deemed reasonable and fair to exclude these fe from the gross revenue for the purpose of assessing the City franchise fees. �.B 0 _8TaF&T*_1A_M Re Sion
,I 1TR,-fWcH i i In ine surmey rairivi sin ruar
in accordance with legal requirements. In addition, all other requirements contained in Chapter 12 of the Downey Municipal Code have been met and a resolution in compliance with Section 6972(a) has been prepared. Based also on our experience working with Titan Transportation, Inc. and its timely responses to traffic collisions, impound requests, crime scene investigations and towing services for City vehicles, staff recommends approval of the non-exclusive franchise agreement with Titan Transportation, Inc. for a three (3) year period, beginning March 28, 2023 and ending March 27, 2026.
III III t111 -
1019&17-1111 [W-4;1 01 folkyj Lome a (0114 @[:Am ]I
ATTACHMENTS
2 1111 - A I 1 0
FTIMFRIIIITU�f 4:111111z- • M 0 -
FRANCHISE AGREEMENT
BETWEEN THE CITY OF DOWNEY AND
TITAN TRANSPORTATION, INC. FOR TOWING AND STORAGE SERVICES This Franchise Agreement ("Agreement"), is entered into on ("Effective Date") by and between the CITY OF DOWNEY, a Municipal Corporation and Charter City, hereinafter referred to as "City," and Titan Transportation, Inc., a California corporation, hereinafter referred to as "Franchisee" and collectively referred to herein as the "Parties".
A. Pursuant to California Vehicle Code section 22660, City has the authority to grant a franchise to a tow truck operator for towing and storage services required for the abatement and removal as public nuisances, of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof from private or public property within the boundaries of City.
B. California Vehicle Code section 1211 0(b) allows City to require a fee in connection with the award of a franchise for towl in vrovided that the fee does not exceed g vehicles on its behalf ,
the amount necessary to reimburse the City for its actual and reasonable costs incurred in connection with the towing program.
C. Chapter 12 of Article VI of the Downey Municipal Code establishes a Towing Service Franchise Program which authorizes the City Council to grant, at its discretion, a nonexclusive franchise to one or more tow truck operators to provide towing and storage services to the City and to charge a franchise fee pursuant to a franchise agreement.
D. For the purpose of insuring the continued protection and preservation of the public health, welfare and convenience of the City, City desires to grant Franchisee a nonexclusive franchise agreement for towing services as defined herein within the City.
E. Franchisee desires to provide such towing services upon the terms and conditions set forth herein.
i I -
X-01 fig Its to) O's it.) C.) IWO Inj axe) 11ra I Iwo migm, is Lt K- I..I K%Iwitm Eli III
1. INCORPORATION OF RECITALS,
The Recitals set forth above constitute a material part hereof, and are hereby incorporated by reference herein as though fully set forth herein.
2. GRANT OF ERANCIFUSE.
City hereby grants a Franchise to Franchisee to provide Towing Services, as defined in Section 3.
Franchisee shall have throughout the term of this Agreement the nonexclusive right to engage in the business of providing Towing Services requested by City within the boundaries of City as the same now exist, and within any territory City hereafter annexes, except to the extent that towing services within such territory annexed would be unlawful or violate the legal rights of another person.
65186.0021 1\40937549,,2
3. SCOPE OF TOWING SERVICES.
During the to of this Agreement, Franchisee shall provide the following Towing Services ("Towing Services") to City:
A.
Removing illegally parked vehicles;
B.
Towing inoperative vehicles as a result of traffic accident; C.
Towing vehicles as a result of mechanical breakdowns;
D.
Storing or impounding vehicles for investigations, evidence, or violation of the law or for any other lawful purpose;
E.
Remove vehicle debris from accident scene;
F.
Cover oil and vehicle fluids with sand at accident scenes.
G.
Change vehicle tires;
H.
Maintaining tow records of stored and impounded vehicles; I.
Provide secured storage lot for stored and impounded vehicles; J.
Provide service to start drained car battery or other vehicle malfunctions; K.
Unlock vehicles.
4. EFFECTIVE DATE OF AGREEMENT.
The term of this Agreement shall commence on and terminate on unless sooner terminated pursuant to the terms of this Agreement.
5. NONEXCLUSIVE FRANCHISE.
Franchisee shall have the nonexclusive dulit to receive calls from the City subject to the terms and subject to being non -consensually towed and stored at the direction of the City. Towing Services Itm.!-R�,o,•-'�;rii�iR::g-miY4c4xmmed-bA-A the Chief of Police or his/her designee.
6. BASIS FOR ACCEPTANCE OF SERVICE.
The Chief of Police, or his/her designee, has the final authority to determine disputes as to the ability or authority of Franchisee to perform Tow Services for the City. If it is determined that Towing Services are not needed and are canceled by City, acting by and through the Downey Police Department, up to, and including arrival at the scene, there shall be no charges assessed to City by Franchisee for the request.
7. L!QCA11ONOF TOWING A" STORAGE YARD FACILITIES AND B11SLNESS '6FFICE.
Franchisee represents that it has or will establish towing and storage yard facilities and a business office within the City limits necessary to meet the requirements of this Agreement. Franchisee further agrees to furnish proof to the Chief of Police or his/her designee of possession of towing and storaie iard facilities and business office ii including title to or a lease of the land, necessar to 2 65186,0021 1\40937549.2
1111 111111�;11�11 i 1111iiii 1�� I I 610�- "I
Main ana maintain towing an(I storage YdrU IUCHILICS URU d UJ_S1I1UNN Ullluv I;ILI1111 UIC %-ILI during the term of this Agreement or to secure towing and storage yard facilities within the City demonstrate to the Chief of Police or his/her designee that such towing and storage yard facilities and a business office are established with the City limits.
8. COMPLIANCE WITH LAIIS.
Franchisee must at all times throughout the term of this Agreement, comply with the terms of this Agreement, all state and federal laws, and all current and subsequently enacted towing ordinances, rules or regulations enacted by City that are applicable to Franchisee.
9. BUSINESS LICENSE.
Franchisee shall possess a valid City Business License prior to providing Towing Services under this Agreement.
10. RESPONSE TIME.
During the term of this Agreement, Franchisee shall arrive at the site at which the vehicle to be towed is located within fifteen (15) minutes of a verbal request for service by a member of the Downey Police Department, or other authorized City personnel. Franchisee shall be available for requests for service by the Downey Police Department or other authorized City personnel, 24 hours per day, 7 days per week, 365 days per year, including holidays and weekends. No exceptions.
Franchisee's dispatcher shall notify the Downey Police Department Dispatch when it cannot immediately respond to a City -initiated request for Towing Services, shall state the reason for the delay, and provide the Downey Police Department Dispatch with an estimated time of arrival.
11. STAFFING.
Franchisee shall maintain at least two (2) qualified tow truck drivers to respond to requests for service by the Downey Police Department or other authorized personnel at all times.
MENEM
Y, rancnisee, s tow trucK arivers must De suificientij uuuicu-to-emp- of the responsibilities set forth in this Agreement. To ensure the proper qualifications of Franchisee's tow truck drivers, Franchisee agrees to the following terms:
A. Driver Information. Franchisee shall provide the name, date of birth, current photo and valid California driver's license number of all drivers employed by Franchisee in writing to the Downey Police Department Field Operations Captain. Franchisee shall notify the Downey Police Department Field Operations Captain, or his/her designee, in writing of any new drivers or any change in employment status of .2. current driver within five (5) days of their date of hire or change in employment status.
B. RqlJ Nt�e 2tggtqM. Franchisee shall participate in the Employer Pull Notice Program through the Department of Motor Vehicles. Franchisee shall notify the Downey Police Department Field Operations Captain, or his/her designee of any Pull Notices received for any of Franchisee's current drivers. 65186.0021 1\40937549.2
C. Tow Truck Driver Oualifications/Reqcar ements:
(1) Tow truck drivers employed by Franchisee shall be at least 18 years old, possess the required class driver's license to operate a tow vehicle.
Franchisee must have drivers available to operate any and all tow vehicles specified in this Agreement. All drivers must be sufficiently capable and trained to ensure safe and proper discharge of their Towing Services in a safe and courteous manner.
(2) All tow truck drivers shall comply with the requirements set forth in California Vehicle Code Sections' 27700 and 24605. All tow truck drivers shall meet all requirements specified in Sections 2430.5 and 12520 of the California Vehicle Code.
(3) During the term of this Agreement, Franchisee and/or tow truck drivers shall provide the Downey Police Department Field Operations Captain, or his/her designee, with information in writing concerning any driving citations received by the tow truck driver(s) in the immediate prior three (3) years and all information regarding any criminal convictions. (4) Franchisee's tow truck drivers shall present a neat, clean and professional appearance. Tow truck drivers shall wear uniform type pants (or shorts during warm weather) and shirts that identify the tow service company and their name (first or last).
(5) The Chief of Police, or his/her designee, in his or her sole discretion, may require that Franchisee's tow truck drivers:
(b) Undergo background checks by the California Department of Motor Vehicles and any other agency deemed appropriate to determine the safety practices of the tow truck drivers;
(6) Franchisee shall not utilize a tow truck driver to render services pursuant to this Agreement if any of the following conditions exist:
(a) A tow truck driver who is subject to epilepsy, fainting or loss of consciousness by reason of chronic medical condition;
(b) A tow truck driver whose driving record indicates five (5) violations of traffic laws involving moving vehicles within two (2) years preceding the date of the effective date of this Agreement; (c) A tow truck driver who has furnished false information in any document submitted to City in connection with this Agreement or who has omitted to furnish all information requested by City in connection with this Agreement;
(d) A tow truck driver who has been convicted of driving while under the influence of intoxicating liquor or narcotic drugs, or both, within three (3) years of the effective date of this Agreement; or 4 65186.0021 1\40937549.2
(e) A • truck driver who has been convicted • a • any crime involving moral turpitude, or any crime(s) specified in this Agreement within two (2) years preceding the effective date of this Agreement.
(7) Notwithstanding compliance with the foregoing provisions, the City may prohibit certain tow truck • from providing • Services to ths City or the Downey Police Department in its sole discretion. Such directives shall be made by the Chief of Police, or his/her designee, in writing t* Franchisee.
A 11101 rK-111
Franchisee shall install and maintain radio transmission and reception equipment allowing for two- way communication with each authorized tow vehicle.
14. BUSINESS HOURS - AVAILABILITY BY TELEPHONE.
There shall be a Franchisee employee or agent available in person during normal business hours at Franchisee's office to handle requests for service and release of impounded/stored vehicles.
Normal business hours shall be Monday to Friday, inclusive, from 7:00 a.m. to 5:30 p.m., inclusive, except state holidays. Franchisee shall have an attendant on duty after hours to accommodate the release of vehicles after normal business hours.
15. IMPOUNDED VEHICLES.
A tow truck driver shall give to the driver or owner of a vehicle to be stored, impounded or towed away, a business card, and a receipt with the Franchisee's name, address and phone number. The Franchisee's information shall be provided to the Downey Police Department in the event that the driver is unavailable or incapacitated.
A vehicle impounded pursuant to the authority granted by local, state or federal law will be 'k,tv a-jrjr_.CA-*i, Fy 1htVWjW Franchisee shall obtain authorization from the Downey Police Department before any vehicle ordered towed, stored or impounded by the Downey Police Department can be released by Franchisee.
16. RELEASE OF VEHICLE AFUR STORAGE / IMPOUND.
Franchisee shall require proper identification and a Downey Police Department authorized release form from any person requesting release • a stored • impounded vehicle. If the person requesting release form, Franchisee shall not release the vehicle, but instead refer the person to the Downey Police Department for further processing. The final decision for release of a vehicle shall come from the on -duty Watch Commander, or his/her designee. Franchisee shall adhere to the decision of the on -duty Watch Commander or his/her designee.
Franchisee further agrees that it will release any stored or impounded vehicle to the person presenting proper identification and a Downey Police Department authorized release form within, at a minimum, 45 minutes • presentation by a person • this documentation • r•'; receiving written instructions to release a vehicle by the Downey Police Department Watch Commander, or his/her designee. Franchisee further agrees that all storage or impound fees cease to accrue immediately upon presentation of such documentation, regardless of the ultimate time of release of the stored or impounded vehicle.
I
65186,0021 1\40937549, 2
Me-
• personal • •. • - • • t • • • •• d-• _ Tir. • i •
authorization from the Watch Commander. For purposes of this Agreement "personal property" means items in the stored or impounded vehicle that are not affixed to the vehicle. rr FACILITY STANDARDS.
During the term of this Agreement, Franchisee shall, at a minimum, comply with the following requirements. • standards with respectto its vehicle• I• • facilities:
k. a:... During _ term
.. of
Agreement, Franchisee's
storage yard facilities and• office must be located within the jurisdictional limits of the City of Downey. Stored vehicles should be at a single location in the City of Downey. If a secondary storage location is required by Franchisee, it must also be located within the City of Downey. The Franchisee'sbusiness office and storage . • facilities• as of . of '• - not • t
to a new location• prior written consentof of Police
or designee.
B. Sto w Facilitv Reauirements: Franchisee shall provide adequate security measures for the protection of vehicles and property at all storage yard facilities.
The Downey Police Department Field Operations Captain, or his/her designee, shall determine the adequacyof and may grant
additional consideration for state -of -the -art security measures, including, but not limited to, security cameras and motion sensors. At a minimum, all storage facilities shall comply with the • •o •requirements:
(1) All vehicles stored or impounded by Franchisee at the direction of thM Downey Police Department or other authorized City personnel must I
stored • •- yard • -• •substantial
• • • .•` r • • . •'.
doors, or other means of access. Such fence or wall enclosures shall be n less than six (6) feet in height and shall be provided with not less than o gate, door, or other means of access of adequate width and height. T •o • d • orenclosure. • r •
• r• .d •. • - o • "d
` top -••` of _ or isure, including .', gates, doors,•' other means of be equipped with nottwo barb
enclosure.wires installed in such manner as to discourage access over the top of t fence or wall `• to the roo
barbed wire will not be required. Wire mesh installation erected inside building - d not be provided barbed
All fence or wall enclosures shall be maintained and repaired througho the term of • - damage to such fence or •
shall be repaired within twenty-four• • ensure proper protectifor the stored or impounded vehicles. requirementsAll storage yard facility structures, including walls or fences, shall meet the of of Downey MunicipalCode, and shall be .ir • `d
6 6518600211 \40937549.2
by the Downey Police Department Field Operations Captain, or his/her designee.
(2) The storage yard facilities shall have capacity to store a minimum of 100 vehicles.
(3) The security measures provided for the storage yard facility shall be adequate to preclude theft, vandalism or damage by activity while in Franchisee's lot. The storage yard facility and lot shall be configured in such a way that no vehicles shall be left parked or stored on the public streets at any time.
C. During the term of this Agreement, all storage yard facilities must be available for inspection upon request by the Downey Police Department.
D. All necessary vehicle storage yard facilities needed to meet the minimum requirements of this section shall be the sole responsibility of Franchisee. All necessary approvals for such storage yard facilities shall comply with the applicable provisions of the Downey Municipal Code, and/or the appropriate State or County codes. Compliance with this subsection shall not be deemed to create any duty by the City to award a permit to Franchisee.
E. The Downey Police Department may inspect Franchisee's storage yard facilities used under this Agreement at any time during normal business hours. Franchisee must have equipment for and have personnel proficient in unlocking locked - vehicles when requested by the Downey Police Department.
F. Throughout the term of this Agreement, Franchisee shall maintain in goof condition the real property and improvements thereon, of the storage yard facilities used in the performance of the service required by this Agreement.
Franchisee shall provide indoor storage facilities or sheltering cover for a minimum of three (3) vehicles sufficient to protect vehicles from the elements (i.e., wind, heat, dust, adverse weather and other forms of contamination). The Downey Police Department Field Operations Captain, or -? - -- e facilities or sheltering -cover -
The Downey Police Department may inspect Franchisee's indoor storage facilities used under this Agreement at any time during normal business hours. Franchisee must have equipment for and have personnel proficient in unlocking locked vehicles when requested by the Downey Police Department.
The Franchisee shall take all precautions required by the Downey Police Department to avoid any damage to any evidence, such as fingerprints or stains. Vehicles taken into custody that involvil evidence shall be stored in an area protected against entry by unauthorized persons.
20. EQUIPMENT STANDARDS.
During the term of this Agreement, Franchisee shall comply with the following equipment standards:
7 65186,0021 1\40937549.2
A. At its sole expense, Franchisee shall secure the following vehicles that conform to the California Highway Patrol's Classification (CHP Class) for the gross vehicle weight ratings GVWR) of a truck chassis
l.
(1) A minimum of one (1) flatbed car carriers (Class A or Class B); plus (2) A minimum of three (3) light -medium duty tow trucks, consisting of:
(a) At least two (2) light duty (Class A); plus
(b) At least one (1) medium duty (Class B); plus
(3) Preferably, at least one (1):
(a) Heavy duty (Class C); or
(b) Super heavy duty (Class D); plus
(4) Preferably, at least one (1) tow truck that is equipped to lift and carry a disabled person in a wheel chair.
(5) All trucks must have two-way radio communication equipment.
B. Franchisee further agrees that all Franchisee's tow vehicles shall have basic equipment for the towing of vehicles. Basic equipment shall include:
• Fire Extinguisher
• Broom
• Shovel
• Reflective Triangles
• Flares
• Trash Can(s) with Absorbent Material
• Office, to Truck Radio System
• Winch
C. Motorcycles that are stored, impounded, or towed at the direction of the Downey Police Department or other authorized City personnel shall be towed by a trailer that is designed to carry motorcycles or by a flatbed truck in an upright position.
D. Any and all equipment used and maintained by Franchisee must be made available for inspection by the Downey Police Department upon request. The Downey Police Department may conduct random vehicle and equipment inspections to ensure compliance with this Agreement.
E. All equipment and vehicles to be used during the term of this Agreement shall be inspected by the California Highway Patrol at least one time per year. All vehicles and equipment shall display a current inspection sticker (or satisfactory proof 'GVWR Range! Chs.1 CHP Class
10,000 - 19,500 A
19,501- 33,000 B
33,001 — 49,999 C
50,000 or more D
8 65186M21 1\40937549,2
thereof) issued by the California Highway Patrol prior to its use pursuant to this Agreement.
F. Throughout the term of this Agreement, Franchisee shall maintain in good condition all vehicles, facilities, equipment and material used in the perforinance of the service required by this Agreement.
After being requested to respond to the scene by the Downey Police Department or other authorized City personnel, Franchisee operator shall:
A. Neither move the vehicle nor attach to any vehicle until instructed to do so by a member of the Downey Police Department.
B. Shall clean up and remove any and all debris from the accident scene as required by the Downey Police Department and the California Vehicle Code.
C. Provide towed vehicle owners, when present at the scene, with a business card or other information, indicating the name of the Franchisee and address where the vehicle will be stored, the telephone number and hours of operation.
Franchisee shall maintain records relating to vehicles towed, stored or impounded for a period not to exceed five (5) years. Each month, Franchisee shall furnish to the Chief of Police or his/her under Ine terms 01 tn1S Agreement Tor Tne previous caremnMrMontA. Sucii repon Man 1RUIUMU UIC storage location of each vehicle, and shall include the vehicle make, license number and vehicle identification number. Such report shall also indicate whether a vehicle has been stored for thirty (30) days or for a longer period. The report shall also list the number of vehicles towed, stored, or impounded at the request of City that have been sold through lien sale. The written report required under this Section shall be due no later than ten (10) days after the end of the previous calendar month. Franchisee owner must also notify the California Highway Patrol (CHP) as required by Section 10652 of the California Vehicle Code.
23. INSPECTION OF RECORDS, FACILMES3 EQUIPMENT AND DRIVERS.
All records required to be kept by Franchisee owner shall be available for inspection by ment
and storage yard facilities by the Downey Police Department. Franchisee shall provide California Highway Patrol inspection certifications for each of its towing vehicles to the Downey Police Department. If Franchisee cannot produce an annual California Highway Patrol certification, the Downey Police Department reserves the right to require that all towing vehicles be inspected by an automotive professional certified by the State of California Bureau of Automotive Repair, selected by the Downey Police Department. All vehicle inspection fees shall be bome solely by Ulm
repaired and passes re -inspection. All tow vehicles shall be operated and maintained in compliance with all applicable state and federal laws and regulations.
M
MMOOMMOMMM
24. TOWING RATES & STORAGE FEES.
A. C14P RatesApply. The towing rates and storage fees initiated incurred by City under this Agreement cannot exceed the towing rates and storage fees established each year by the California Highway Patrol (CHP) in accordance with the CRP/Santa Fe Springs Station -Fee Schedule for Public Tows. Franchisee's rates may be reviewed annually on June I st to confirm that they match the CHP/Santa Fe Springs. Station -Fee Schedule for Public Tows. Franchisee must notify the Chief of Police or his/her designee in writing of any tow rate and storage fee increases to match the CHP/Santa Fe Springs Station -Fee Schedule for Public Tows. The Downey Police Department will verify any increases. Any disputes will be reconciled through a meeting between the Chief of Police or his/her designee and Franchisee owner. If the rate and fee increases are verified, the new rates will take effect on July lst. Franchisee agrees that Chief of Police's, or his/her designee's, determination concerning tow rates and storage fees shall be final.
B. Short StotwToriod. Vehicles stored eight hours or less shall be charged no more than one-day's storage fees. Each day thereafter shall be calculated by the calendar C. Postina of Rates. Franchisee must maintain a sign listing the rates, fees and charges of all towing and storage services offered. Such sign shall be conspicuous y p ace in the office or other places where customer financial transactions take place. A copy of the rate schedule shall be maintained inside each tow vehicle and presented upon request by a vehicle owner or driver for any vehicle towed or stored by D. City,Rc�?oiisiblg�_- In the event that a vehicle is stored or impounded at the direction of the Downey Police Department or other authorized City personnel, and it is subsequently determined that the City is responsible for the cost of such storage and/or towing, Franchisee agrees not to assess the City for costs of tow and/or storage of the vehicle.
E. Storaae� of Vehicles in Criminal Matters. Franchisee agrees to tow and store vehicles that will be used as, or contain, evidence of crimes for the Downey Police Department without charge to City. Franchisee's inability to perform this function constitutes a material breach of this Agreement and shall provide the basis for either suspension or revocation of this Agreement, in the discretion of the City. However, Franchisee shall not be required to tow and store vehicles that will be used as, or contain, evidence of crimes if criminal charges are pending against Franchisee, or one of its owners, principals or employees.
F. After Hour Vehicle Releases. Franchisee normal business hours shall be Monday to Friday, inclusive, from 7:00 a.m. to 5:30 p.m., inclusive, except state holidays.
However, when in the opinion of the Chief of Police or his/her designee, unusual circumstances warrant the release of an impounded vehicle or vehicles outside of the normal business hours, the Franchisee shall provide personnel at a call station where they may be contacted for such emergency release or releases during such hours. Such after -hour releases shall be charged at 50 percent (50%) of the current tow rate for release pursuant to California Vehicle Code section 22658(n)(2)(B). 10 agreesG. Towing of Ci1yWhiples. Franchisee further i tow and store,for . period not exceeding five days, all City vehicles free of charge. Moreover, Franchisee agrees not to charge for the changing of flat tires, service to start drained car battery or other vehicle malfunctions and lockout service on City vehicles. r! .
In order City to recover its actual costs in administering its Towing Service Franchise Program requested Towing. . pay Franchise Fees to City which shall. be due and payable r • •
A. Franchisee agrees to pay City a Franchise Fee in an amount equal to 20% of Franchisee's Gross Revenues attributable to the towing, storage and impound services provided by Franchisee to City pursuant to this Agreement for those vehicles towed, stored or impounded when a storage form (CHP 180) has been completed and a Department case number has been assigned. 0101
directly or indirectly by Franchisee, its affiliates, subsidiaries, parents, and any other person or entity in which Franchisee has a financial interest or which has a the towing and storage services provided, except that credit card processing fees, also known as "discount merchant fees," and which includes all fees in connection shall not be included in the calculation"Gross. defined herein.No operatingother fees or costs in connection with
"Gross
expenses are to be deducted from
Revenues."
FranchiseB. The Fees shall be paid by Franchiseequarterly basis to the City of Downey Finance Department on January 15th, April 15th, July 15th and October 15th. If Franchisee chooses to pay Franchise Fees other than on the described quarterly basis, the proposed payment schedule must be approved by the FieU- Operations Captain or by his/her designee.
C. The report mentioned in Section 22 shall accompany the quarterly Franchise Fee payments from
D. The Franchise Fee may be adjusted annually by City Council resolution starting July 1, 2016 to reflect the City and the DowneyPolice D`f.costs for operating the Towing Service Franchise Program. Any such adjustment shall be applicable •b • Franchiseef •• days written notice of adoption •... such resolution,
E. The City retains the right to impose alternative forms of fees, to the extent permittet by law, in the event that the fees provided for in the towing services agreements are no longer assessable due to a subsequent change in federal, state or local law. 11 65186, 00211\40937549.2
A. Franchisee must make available to the Downey Police Department, the City or their designated representative(s), upon three (3) day's written notice, its accounting records and books for inspection and audit. The Downey Police Department, the City or City's designated representative(s) agree to maintain the confidentiality of such accounting records and books. Franchisee shall submit quarterly documentation detailing its operations on behalf of the City in both written and electronic formats that are acceptable to the Downey Police Department. 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 (traffic collision, Department impound etc.).
13Franchisee shall maintain these records for a period of five (5) years. Such records shall be available at all times during regular business hours and shall be subject to audit by the City of Downey or an outside auditing firm contracting with the City.
Failure to make available for audit all gross receipts within two business days shall constitute cause for termination of this Agreement by the City.
C. If the results of any audit show a Franchise Fee underpayment of greater than five (5) percent, Franchisee will pay a penalty of the amount of the underpayment plus 50 percent of the underpayment to the City within 15 days of issuance of the audit results. Any underpayment and any resulting penalty shall accrue interest at the rate of ten percent per annum, compounded daily from the date the underpayment should have initially been paid to the City.
D. In the event the results of any audit are disputed by Franchisee or City, the City may, at its sole discretion, elect to a resolve the dispute by submitting the matter to independent auditors for review. The City and Franchisee shall each select an independent auditor at their own cost. The two auditors shall agree upon the results of the audit and submit their recommendations to the City and Franchisee. If the two independent auditors cannot agree upon the results of the audit, a third auditor will be selected by the two independent auditors to make a final determination. The cost of the third auditor shall be borne equally by both City and Franchisee. The determination of the third independent auditor shall be final.
E. By accepting and signing this Agreement, Franchisee irrevocably waives the defenses of any statute of limitation, laches, waiver or other equitable doctrine of similar import or effect in any action brought by the City to recover any fees, interest or penalties due under this Agreement.
F. By accepting and signing this Agreement, Franchisee agrees that if it challenges the right of the City to collect the Franchise Fees set forth in this Agreement, any relief requested by Franchisee and awarded to it by virtue of such challenge shall be prospective only from and after the date of the filing of the initial pleading seeking such relief in a court of competent jurisdiction. Franchisee hereby waives any and all claims or rights to collect back from the City, or obtain credit against future payment obligations, any amounts collected by the City prior to the filing of the initial pleading seeking such relief. In the event Franchisee's challenge to any 12 65186,0021 1\40937549,2
01irjpn - I 1XIM #T9MR UMINGWIMM, VM; Wawal I to I
shall continue to make all Franchise Fee payments in accordance with this Agreement pending an appeal by the City. In the event the court of appeal, or trial court if the City elects not to appeal, determines that the City is not entitled t* collect any or all of the Franchise Fees, the City shall refund to Franchisee those portions of the Franchise Fee which the court deems the City was not entitled4t, exclusive of interest on such amount.
27. ACCEPTANCE OF PAYMENT.
The Franchisee shall accept payment by a valid bank credit card or cash for towing and storage charges. The Franchisee shall have sufficient funds on the premises to accommodate and make change in a reasonable monetary transaction. Franchisee shall accept payment from the registered owner, legal owner or the agent claiming the vehicle in accordance with California Vehicle Code section 2265 1. 1.
28. SIGNS AND ADVERTISING.
Franchisee's office must have a sign posted including the company name, address, phone number and hours of oi%,eration. clearlp visible from the roadwa-k -an" P. Franchisee shall not disGolap A si ns or
advertising material which indicates that his/her business is an official towing service or police storage facility of the City of Downey or the Downey Police Department.
29. INDEMNITY, DUTY TO HOLD HARMLESS AND DUTY TO DEFEND.
To the fullest extent permitted by law, Franchisee agrees to indemnify, defend, protect, hold harmless, and assume all liability of the City, its elected officials, officers, employees, agents and volunteers (collectively "Indemnified Parties") from and against all claims (including, without limitation, claims for bodily injury, death, damage to property or workers' compensation benefits), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and costs, and all other professional, expert or consultant's fees) of every kind and nature whatsoever (individually, a "claim"; collectively, "claims"), whether under state or federal law, which may arise from or are in any manner related to this A reement, re ardless of anv- active or -,vassive neali-ence or strict liability- of the Indemnified Parties, and further agrees to indemnify the Indemnified Parties, regardless of whether the Claim or Claims is/are asserted by an elected official, officer, employee, agent or volunteer of the City.
Franchisee understands and acknowledges that the indemnification obligation hereunder, includes, but is not limited to, a "Type I" indemnity under California law and extends to and includes all claims arising from the active or passive negligence of the Indemnified Parties.
Franchisee further understands and acknowledges that the indemnification obligation hereunder extends to workers' compensation claims made by any electeii Wnl*%ees- zg ,f,lts or volinteers of 6e Cit% w�.Jc� -u,.--vq.rise frt-it 13 65186.0021 1\409375492
or are in any manner related to the provision of towing services by Franchisee pursuant to this Agreement.
fie
to indemnify and such duty to defend exists regardless of any ultimate liability liability
the Indemnified Parties. Such defense obligation, which shall be managed b an Franchisee, shall arise immediately upon presentation of a Claim by any party a written notice of such Claim being provided to Franchisee. Payment to ]Franchis by any Indemnified Party or the payment or advance of defense costs by a Party's rights to indemnification hereunder. Franchisee's duties to indennmi defend and hold harmless pursuant to this Agreement shall survive the either t expiration or earlier termination of this Agreement until such time as any leg action against the Indemnified Parties for anp such matters indemnified hereund] are fully and finally barred by all applicable statutes of limitation or statutes repose. Under no circumstances shall the insurance requirements and limits s forth in this Agreement be construed to limit Franchisee's duties to indemni defend or hold harmless pursuant to this Agreement. I
A. Franchisee shall, at its own cost and expense, maintain policies of insurance affording protection against third party bodily injury liability and property damage liability occasioned by reason of the provision towing services, impoundment and storage of vehicles. The minimum insurance established for the following categories are:
(1) General Liability Insurance — Franchisee agrees to maintain a comprehensive general liability insurance policy with a combined single limit for bodily injury and property damage of not less than Two Million Dollars ($2,000,000.00).
(2) Commercial Business Automobile Liability (as required by Section 16500.5 California Vehicle Code) - Bodily injury and property damage with a combined single limit of not less than Three Two Million Dollars ($2,000,000.00). The policy shall also include owner, non -owner, and hired auto coverage.
(3) Uninsured Motorist — Legal minimum, combined single limits. (4) Garage Liability — Includes premises and operations. Coverage for bodily injury and property damage with a combined single limit of not less than Five Hundred Thousand Dollars ($500,000.00).
(5) Garage Keeper's legal liability insurance coverage with limits of not less than Six Hundred Thousand Dollars ($600,000.00) for loss or injury to or destruction of any stored vehicles as a result of Fire, Theft, Explosion, Riot and Civil Commotion or Vandalism and Malicious Mischief. [E]
65186.0021 1\40937549,2
i Franchisee shall obtain f maintain .: all times• • effect during the term of this Agreement all insurance policies and coverage listed above, which shall not' be canceled prior to the termination of this Agreement. The insurance provided under this Section shall include an endorsement page(s) naming "the City of Downey, its elected and appointed officials, officers, employees, agents, and volunteers as additional insured. Franchisee agrees to deliver a copy of all insurance policies, endorsements, and certificates to the Downey Police Department, which are subject to the approval of the City Attorney as to form, prior to the commencement of . Towing Services.
C. Franchisee agrees that its insurance shall be primary insurance with respect to any losses, or • arising from the provision of •servicesby
Franchisee pursuant to this Agreement, and that the insurance carried by the City of Downey shall be excess and not contributory with the insurance provided by Franchisee. Franchisee further agrees to provide an endorsement to its insurance policies with such language.
i - agrees • notify City in writing 1 days prior to any cancellation or reduction in coverage in Franchisee's insurance coverage for any insurance providing coverage for the services relating to this Agreement.
Franchisee further agrees that it will provide the City with prompt and timely notice of any claim made or suit instituted arising from or any way related to the provision of towing services pursuant to this Agreement. Defense coverage must be in addition to policy limits. If umbrella coverage is used, it must include drop down coverage f • • coverage does not r r and the umbrella policy _. the same starting and ending date as the primary policy.
E. Franchisee shall have the sole right to select its insurance carrier(s), provided such carrier lawfully transacts business in the State of California. However, all insurance required by this Agreement must be issued by companies admitted to do business in California, with an A.M. Best's rating of A:VlI or better, unless these requirements are waived by the City Attorney of the City due to unique circumstances. In the event the City Attorney determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, Franchisee agrees that the minimum limits of any insurance policies and/or performance bond required by this Agreement may be changed accordingly upon receipt of written notice from the City Attorney; provided that Franchisee will have the right to appeal a determination of increased coverage by the City Attorney to the City Council of the City within ten (10) days of receipt of notice from the City Attorney.
Franchisee shall not perform any servicespursuant to this Agreement unl- f' until all insurance policies and coverage set forth herein are obtained and copies of said policies, endorsements and certificates are provided to the City in accordance with the provisions specified above.
15 65 186,002I I \40937549.2
I I h It I : I I � � Q $',1 1,111 � i�M[4104
Franchisee's employees shall be covered • • Compensation Insurance in an amount and form to meet all applicable requirements • the Labor •• • the State • • and any • insurance requirements that may be required • federal, state, and/or • law.
32. ASSIGNMENT.
Francnisee snall not sen, transier, Yease, assign, suoiet, morigage •; ais • • INJULL, either by forced • • sale, • • ordinary sale, • consolidation • otherwise, • any rights • privileges herein granted, • the prior written consent of the City Council. For purposes • this Section, an acquisition • any person, group, partnership • other entity • at least 10% of the Franchisee shall be considered a sale, transfer or assignment. The approval of a transfer or assignment of this Agreement shall be conditioned upon Franchisee's sale or disposal of all ownership rights in Franchisee's tow truck business. If Franchisee desires to transfer or assign its rights in the tow truck business, because he or she intends to sell • dispose • all interests in the �,Qrm towing, services on behalf of Cit)i, Franchisee shall make a written request to the Chief • `• for a transfer •r assignment • the Agreement. The written request, along with a •-r• fee • • thousand •• ($1,000.00) to cover the City's reasonable investigation costs, and review of the proposed sale agreement or other document evidencing disposal of the tow truck business shall be submitted to the Downey Police Department at least one hundred twenty (120) calendar days before the requested effective transfer or assignment date. The City shall investigate the proposed transferee or assignee and determine whether the transferee or assignee is qualified to serve as a tow truck operator pursuant to the criteria and requirements set forth in this Agreement and under local and State law. If the Downey Police Department determines that the proposed transferee or assignee is qualified to be a tow truck operator, it will recommend that the City Council approve the transfer •: assignment. Such decision shall be in the sole and absolute discretion of the City Council. Upon completion of the investigation process, the City shall provide Franchisee with an accounting of the total amount of administrative and legal costs associated with the City's review of Franchisee's request for a transfer or assignment of the Agreement, and refund of a portion of the initial $1,000 deposit or request additional funds as appropriate. Any attempt to sell, transfer, lease, assign or otherwise dispose of the Agreement without the prior written consent of the City Council shall be null and void.
33. RISK OF i•
all risk in the event of damage -. theft. fire of the vehicles or an�i I �rT �-i towed and stored by Franchisee, its employees or agents. Any and all claims, demands or liability arising • • • encountered in connection with this Agreement shall be borne by Franchisee.
34. OFFICIAL POLICE TOW SERVICE/ DOWNEY POLICE DEPARTMENT COMMUNICATIONS.
The Field Operations Captain, • his/her designee, shall conduct meetings to • issues • concern with respect to performance by Franchisee under the Agreement. These meetings shall be mandatory for the operator, or his/her designee. The Downey Police Department shall give the operator five (5) days advance written notice of these meetings.
35. DISCIPLINARY PROCEDURES.
A. Compliance withAgtqg�
16 65186M21 1\40937549.2
Franchisee agrees that failure to comply with the terms and conditions of this Agreement shall be cause for either a WRITTEN WARNING, SUSPENSION OR TERMINATION OF THE AGREEMENT, as set forth in this Section.
The Downey Police Department will investigate alleged violations of this Agreement and/or violations of Federal, State or local laws in the provision of Towing Services pursuant to this Agreement. Franchisee will be notified of the findings in writing within thirty (30) days of completion of the investigation.
Franchisee acknowledges that it shall be subject, and consents, to integrity checks to ensure that it is complying with the terms of this Agreement, and that its Services to City residents and members of the public. The Franchisee shall be notified of the results in writing within 14 days of such an "integrity check." Franchisee will be billed for the actual costs incurred for such an event(s) in its entirety up to a maximum of $1,000 per occasion. Franchisee agrees to pay for up to two such "integrity checks" annually.
& DisciplingpLAction
The Field Operations Captain shall use the following guidelines for action against Franchisee if Franchise is found in violation of this Agreement. This is only a guide, with the Field Operations Captain having discretion for serious violations of the Agreement, such as criminal offenses.
1 st Violation within 12 consecutive months
WRITTEN WARNING
2nd Violation within 12 consecutive months
WRITTEN WARNING
3rd Violation within 12 consecutive months
30 day SUSPENSION
4th Violation within 12 consecutive months
60 day SUSPENSION
There shall be no appeal process for written warnings issued to Franchisee by the IlVjowney Police Department. However, in the event the Downey Police Departme" serves Franchisee with a notice of suspension, Franchisee may request a hearing within seven (7) calendar days by submitting a request in writing to the Chief of Police. The hearing shall be held as soon as practicable. The hearing shall be conducted by the Chief of Police, or his/her designee. Franchisee shall be entitled to present all relevant information, evidence and circumstances in support of its f�osition. Franchisee shall be notified in writing of the Chief of Police, or his/her designee's, final decision concerning the suspension within seven (7) calendar days of the date of the hearing.
one - or-r4aw!L1
INA 0-11-aw
ciesignee. rfunun 111LSL SCUM d1TT44TVC11--U.21L1L;*0LV1 U.PpCill 441 L11C %-ILJ PLINIAPW-v the notice provisions set forth herein within ten (10) calendar days of the date upon which the Chief of Police, or his/her designee's, decision becomes effective. 17 651860021 1\40937549.2
franctlisee's notice oT appeaY must set iiMiliTlie grolaw- t is apytd I I I] C 4- concise language, which shall include a summary of the claimed factual or decisional error. If Franchisee fails to request a hearing or appeal within the specified deadlines, or fails to appear at a scheduled hearing or appeal, the action taken by the Chief of Police, or his/her designee, shall be final and the suspension shall take effect upon written notification to Franchisee by the Chief of Police.
The City Manager, or his/her designee, shall conduct the hearing on the administrative appeal. The hearing shall be held as soon as practicable, but in no event later than thirty (30) days from the notice of appeal therefore unless both Parties agree in writing to an extension of time for the hearing. The City Manager, or his/her designee's, decision on an issue shall be deemed final.
A suspension generally shall not take effect until the hearing and administrative appeal processes have been exhausted. However, the Chief of Police, or his/her designee, shall have the authority to suspend the Agreement effective immediately if in the sole and absolute discretion of the Chief of Police or his/her d�si!?=g., he M_ conduct by Franchisee or its agents is deemed to constitute a danger to the public health, safety or welfare or constitutes a gross violation of the terms and conditions of this Agreement.
C. Citizen Complaints
The Downey Police Department shall be authorized to receive written complaints from citizens regarding Franchisee, and/or Franchisee's principals, officers, employees and agents pertaining to alleged violations of this Agreement and/or Federal, State or local laws. Any such complaint may be investigated by the Downey Police Department and may form the basis for disciplinary action as set forth in this Section or termination of this Agreement.
36. TERMINATION OF AGREEMEAT.
A. Termination without Cause.
Either party may terminate this Agreement at any time, without cause, upo providing 30 days' written notice to the other party. Upon receipt of the notice termination from the City, Franchisee must immediately cease all work or servic except as may be specifically approved by the City. Franchisee will be entitled I compensation for all services rendered prior to the effectiveness of the notice 1 termination and for additioal services specifically authorized by the City. The Ci will be entitled to reimbursement for any expenses that have been paid for but n. n
rendered.
In the event Franchisee, or any of its officers, directors, shareholders, employees, a criminal offense as an incident
to obtaining or attempting to obtain a public or private contract or subcontract, or in the perfon-nance of a contract or subcontract; (ii) under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, a lack of business integrity
or business honesty which currently, seriously, and directly affects responsibility 11M
MOZEMMKOW
as a public consultant or contractor; (iii) under state or federal antitrust statutes yulkh-16- imilt-we iWr �a • �sak*=T& •jv*, of violation of the conflict of interest provision of this Agreement, or for any other cause the City determines to be so serious and compelling as to affect Franchisee's responsibility as a public contractor, including but not limited to, disbarment by another governmental providing Franchisee with ten (10) days' written notice of termination, or to impose such other sanctions (which may include financial sanctions, temporary suspensions, or any other condition deemed appropriate short of termination) as it deems proper. In the event that the City terminates the Agreement for cause, Franchisee shall be entitled to the hearing and appeal rights applicable to disciplinary procedures above. However, termination for cause pursuant to this paragraph shall be effective upon expiration of the ten (10) days' notification period set forth above.
nfinnx����
If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions%yLow-ittLtwmtilxev i2n!i �overnmental controls, Judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party's performance will be excused for a period equal to the period of such cause for failure to perform.
A. No officer or employee of the City may have any financial interest, direct or indirect, in this Agreement, nor may any officer or employee participate in any decision relating to the Agreement that effects the officer or employee's financial interest or the financial interest of any corporation, partnership or association in which the officer or employee is, directly or indirectly interested, in violation of any law, rule or regulation.
B. No person may offer, give, or agree to give any officer or employee or former officer or employee of the City, nor may any officer or employee of the City solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any way pertaining to any program requirement, contract or subcontract, or to any solicitation or proposal.
Any notice required to be given under this Agreement shall be given by placing such notice in the United States mail, postage prepaid, addressed as follows:
Franchisee: City:
19 65186.0021 1\40937549.2
Titan Transportation, Inc. Downey Police Department
Attn: Omar Camacho, President Attn: Chief of Police
8282 Phlox Street 10911 Brookshire Avenue
Downey, CA 90241 fax 562-923-3509 Downey, CA 90241
Interim City Attorney for City of Downey
Attn: Lauren Langer
I I I I I Brookshire Avenue
Downey, CA 90241 (fax) 562-923-6388
or to such other address as may be indicated by n ' otice in writing. Such notice shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid and addressed to the party at its applicable address.
The City and Franchisee warrant that the individuals who have signed this Agreement have lihWl �,4_vz_,ar, this Agreement so as to bind each res,,pective'x0).art_, to perform the conditions contemplated herein.
41. SEVERABILITY.
If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect.
If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, the prevailing party, as determined by the court, shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled.
NO My 1111
in Los Angeles County, State of California. M
No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be deemed a waiver and no waiver shall be binding unless executed in writing by the party making the waiver.
45. DAYS.
Any to in this Agreement referencing time, days, or period for performance shall be deemed to be calendar days and not work days.
20 65186.0021 1\40937549,2
-4 1"WMIUMMM
This • contains the entire agreement •'.. the City and Franchisee and supersedes any prior oral or written statements or agreements between the City and Franchisee. No supplement, the City and Franchisee. Franchisee represents that it has conducted all due diligence and investigation prior to entering into this Agreement, and has not relied upon any representations that are • set forth herein as an • to enter into this Agreement.
47. BINDING ON ASSIGNS.
Each and all of the terms, covenants and conditions of this Agreement shall be binding on ant shall inure to the benefit of the successors and assigns of the City and Franchisee.
48. CAPTIONS.
The captions of the various sections, articles and/or paragraphs of this Agreement are for the convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement or of any part or parts of this Agreement.
49. CONSTRUCTION.
In all cases, the language in all parts of this Agreement shall be construed simply, according to its fair meaning and not strictly for or against any party, it being agreed that the City and Franchisee or their respective agents have all participated in the preparation of this Agreement.
The City • Franchisee shall fully cooperate with • another in attaining the purposes of this • and, in connection therewith, shall take any such additional further acts and `•' and sign any such additional documents as may be necessary, appropriate and convenient as related thereto.
21 65186.0021 1\40937549.2
IN WITNESS WHEREOF, the city and Franchisee have caused this Agreement to be executed by their respective officers hereunto duly authorized.
RIN
Maria Alicia Duarte, CMC, City Clerk
- I•ft
IL"Ir"I
as
FIM M-1
I - - 0
MUM075W
22 65186.0021 1\40937549,2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY • r• APPROVING A FRANCHISE • FOR • AND STORAGE SERVICES WITH TITAN
TRANSPORTATION, INC.
WHEREAS, the City of Downey desires to enter into a three-year agreement with Titan Transportation, Inc. for towing and storage services; and WHEREAS, a Public Hearing is set for March 28, 2023 to consider objections and grant franchise agreements; and,
WHEREAS, a notice of such hearing was given in the manner required by law. • THEREFORE, THE CITY COUNCIL • THE CITY OF DOWNEY r• HEREBY • AS FOLLOWS:
SECTION 1. Approve the Agreement with Titan Transportation, Inc. for towing and storage services for a three-year period commencing March 28, 2023 through March 27, 2026, in the form and substance attached and incorporated herein by this reference as Exhibit A, with minor, non - substantive changes to be made by the City Attorney.
SECTION 2. That the City Clerk shall certify to the adoption of this Resolution.
FUNFIN-2,
ATTEST:
MARIA ALICIA DUARTE, CMC, City Clerk
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting thereof held on the 28th day of March, 2023, by the following vote, to wit:
AYES:
Council Members
NOES:
Council Members
ABSTAIN:
Council Members
ABSENT:
Council Members
MARIA ALICIA DUARTE, CMC, City Clerk