Agenda packet, first session — Glendale City Council, February 18, 2025

A G E N D A

GLENDALE CITY COUNCIL

COUNCIL CHAMBERS
613 E. Broadway, 2nd Floor
Glendale, CA 91206
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FEBRUARY 18, 2025

ROLL CALL

1. CLOSED SESSION
– 1:00 PM ( To Commence at 3:00 PM)
a.

Conference with Legal Counsel – Existing Litigation: Najarian v. City of Glendale, L.A.S.C. Case No. 24STCP02101; Claim of Najarian, No. 25-0009 b.

Conference with Real Property Negotiators: City-designated negotiators: Roubik

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Golanian, John Takhtalian, Michael J. Garcia, Gillian van Muyden, and Daniel Hernandez. Property Location: 1745 Gardena Ave. Negotiating Parties: Silverglen Properties, LLC. Instructions to the negotiator(s) will concern the price and terms of payment for the acquisition of property
c.

Public Employment Performance Evaluation – City Manager and City Attorney d.

Conference with Labor Negotiators. The City-designated negotiator attending the closed session is: Mayor Elen Asatryan. The unrepresented employee positions are: City Manager and City Attorney

2. REGULAR BUSINESS AGENDA
– 6:00 PM
Roll Call
a.

Flag Salute: Mayor Elen Asatryan
b.

Invocation: Dr. Suzie Abajian, City Clerk
c.

Report of the City Clerk, re: Posting of Agenda. The Agenda for the February 18, 2025 Regular Meeting of the Glendale City Council was Posted on February 15, 2025, on the Bulletin Board Outside City Hall.

3. PRESENTATIONS AND APPOINTMENTS
a.

Agenda Preview for the Meetings of Tuesday, February 25, 2025 b.

Nominations for Appointment
•
Alek Bartrosouf, Transportation and Parking Commission (Seat 2 – Vacant) (Brotman (A)/Asatryan (B), 2/11/2025)
•
Alex Fay, Glendale Water and Power (Seat 2 – Replacing Kedikian) (Brotman (A)/Najarian (B), 2/11/2025)
•
Daniel Paul, Historic Preservation Commission (Seat 3 – Reappointment of Paul) (Gharpetian (A)/Brotman (B), 2/11/2025)
•
Talin Shahbazian, Transportation and Parking Commission (Seat 3 – Replacing Bonstin) (Gharpetian (A)/Brotman (B), 2/11/2025)

4. CONSENT ITEMS
(Including Minutes)
The following are Routine and May be Acted Upon by One Motion. Any Member of Council or the Audience Requesting Separate Consideration May do so by Making Such Request Before Motion is Proposed.
a.

City Clerk, re: Minutes of the Special City Council and Regular City Council Meetings of February 11, 2025
b.

Community Development, re: Use of City Days at the Alex Theatre: Center for Armenian Arts Benefit Concert for Glendale Fire Foundation and Sahag Mesrop Armenian Christian School

1. Motion to approve use of one of twelve annual City Days at the Alex Theatre for Center for Armenian Arts Benefit Concert for Glendale Fire Foundation and Sahag Mesrop Armenian Christian School on April 30, 2025
c.

Public Works, re: Award Maintenance and Repair Contracts for Electrical and Flooring Systems

1. Motion awarding a contract to A A Electric Co. (A&A) for Electrical Systems Services at Various City Facilities Project per Specification No. 3989 for the not-to-exceed amount of $414,304 for three years and directing the City Manager or a designee to

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execute the contract

2. Motion awarding a contract to Pasadena Construction & Interiors, Inc. for Flooring Services at Various City Facilities Project per Specification No. 3990 for the not-to- exceed amount of $418,395 for three years and directing the City Manager or a designee to execute the contract
d.

Community Services and Parks, re:

Award of Contract to Wet Views for Citywide
Pools & Splash Pads Maintenance

1. Motion awarding a contract to Wet Views for maintenance of Citywide Pools and Splash Pads, and authorize the City Manager, or designee, to execute a three-year contract with two (2) optional one-year extensions, for an amount not to exceed $763,966

2. Resolution of Appropriation to appropriate $30,000 in the aquatics program for the current fiscal year contract for Citywide Pools and Splash Pad maintenance to include the maintenance of Pacific Pool, Palmer Wading Pool, Pacific Splash Pad and Fremont Splash Pad

5. CITY COUNCIL/STAFF COMMENTS

6. COMMUNITY EVENT ANNOUNCEMENTS (3-Minutes; 5-Speaker Limit) Per Mayor Policy, This Item Also Permits Speakers Wishing to Speak Under General Oral Communications, Subject to the Three Minute Time Limit. Discussion is Limited to Matters Not on the Agenda.

7. ADOPTION OF ORDINANCES

8. ACTION ITEMS
a.

Public Works, re:

Measure R Project Updates (Continued from February 11, 2025 Council Meeting)

1. Motion approving new programming and modifications to existing programming to the adopted Measure R Sub-Regional Program

2. Resolution of appropriation to appropriate Measure R Regional Return Funds in the amount of $1,216,440 for the Highway Safety Improvement Program (HSIP) Cycle 11 Grant Local Match
b.

Public Works, re: Award of a new Professional Services Agreement (PSA) to Mark Thomas and Company, Inc. (Mark Thomas) and Appropriation of Measure R Funds for the North Verdugo Road Multimodal Improvements Project, and execution of an amendment to the existing PSA 8001984 with Mark Thomas for the San Fernando Road Beautification Phase II Project (Continued from February 11, 2025 Council Meeting)

1. Motion authorizing the City Manager or a designee to enter into and execute a PSA with Mark Thomas, to provide Professional Engineering Services for the North Verdugo Road Multimodal Improvements Project in the amount of $1,572,625

2. Motion authorizing the City Manager or a designee to execute a contract amendment to PSA 8001984 with Mark Thomas for the San Fernando Road Beautification project to perform additional traffic study, engineering and landscape design services, and public outreach regarding pedestrian safety and street improvements on San Fernando Road and adjacent streets, increasing the contract amount by $254,915, and extending the contract time by 24 months

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3. Resolution of Appropriation to appropriate $9,000,000 in Measure R Regional Return Funds for the North Verdugo Road Multimodal Improvements Project c.

Public Works, re:

Authorization of Amendments to the Professional Services Agreements (PSAs) for Professional Engineering Services for the South Verdugo Road Multimodal Improvements Project, and the Fiscal Year 2022-23 Pavement Management Program (PMP) Implementation Project (Continued from February 11, 2025 Council Meeting)

1. Motion authorizing the City Manager or a designee to execute a contract amendment to PSA 8002114 with Bowman Infrastructure Engineers (Bowman) for community outreach and additional design services regarding bicycle infrastructure, increasing the contract amount by $122,692, and extending the contract time by 12-months

2. Motion authorizing the City Manager or a designee to execute a contract amendment to PSA 8002116 with NV5, Inc. (NV5) for additional design services regarding bicycle infrastructure, increasing the contract amount by $57,700, and extending the contract time by 12-months.

3. Resolution of Appropriation to appropriate funds for the Fiscal Year 2022-23 PMP Implementation Project
d.

Police Department, re: Tow Contractor Request for Proposals and restructuring of tow districts

1. Resolution Adopting the Police Department’s Request for Proposals for Official Police Towing Services (OPTS), Decreasing the Number of Districts and Authorizing the City Clerk to Advertise for Proposals
e.

City Attorney, re:

Extension of Nominating Period for Boards and Commissions

1. Motion Extending Nominating Period

9. HEARINGS

10. REPORTS - INFORMATION

11. WRITTEN COMMUNICATIONS

12. DISCUSSION OF COUNCILMEMBER FUTURE AGENDA REQUESTS
a.

Councilmember Brotman’s Request to Agendize a Discussion on incentives, assistance, and education to reduce plastic waste, including outreach to restaurants to develop an incentive program, a certification program, a bulk buying program, a reusable foodware service, and an education program

13. ORAL COMMUNICATIONS
Discussion is Limited to Items NOT a Part of this Agenda. Each Speaker is Allowed 5 minutes.

Council May Question or Respond to The Speaker But There Will be no Debate or Decision.

The City Manager May Refer the Matter to the Appropriate Department for Investigation and Report.

14. NEW BUSINESS

15. ADJOURNMENT

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1 M I N U T E S
SPECIAL MEETING: GLENDALE CITY COUNCIL

COUNCIL CHAMBERS
613 E. Broadway, 2nd Floor
Glendale, CA 91206
FEBRUARY 11, 2025
The Special Public Meeting of the Glendale City Council convened in the City Chambers, in said City, at 3:15 p.m., on the above date, pursuant to a call for such meeting signed by the City Clerk of the City Council, and on file with the City Clerk, a copy of which is as follows:

February 6, 2025
Date
Written Notice of said meeting was given, which Notice consisted of a copy of the foregoing Call, and was served on each Member of the Council not joining in the Call, and upon the in said City not less than 24 hours before the time fixed in said Call for said meeting, as follows:

Upon Dan Brotman at 5:00 p.m. February 6, 2025 Glendale, CA Upon Vartan Gharpetian at 5:00 p.m. February 6, 2025 Glendale, CA Upon Ardy Kassakhian at 5:00 p.m. February 6, 2025 Glendale, CA Upon Ara Najarian at 5:00 p.m. February 6, 2025 Glendale, CA Upon Elen Asatryan at 5:00 p.m. February 6, 2025 Glendale, CA Mayor Pro Tem Kassakhian called the meeting to order at 3:15 p.m.

ROLL CALL
- Absent: Asatryan
- Report of the City Clerk of the City Council, re: Posting of Agenda. The Agenda for the Tuesday, February 11, 2025 Special Public Meeting of the City Council was posted on February 6, 2025, on the Bulletin Board Outside City Hall.

A SPECIAL PUBLIC MEETING of the City Council is hereby called to meet at 3:00 PM on Tuesday, February 11, 2025, in the Council Chamber, 613 E. Broadway, 2nd Floor, Glendale, CA 91206 to consider the following item(s) of business, to wit;

1.Libraries, Arts, and Culture, re: Fremont Park Columns Tile Artwork Presenting:

Jennifer Fukutomi-Jones, Principal Arts & Culture Administrator Catherine Forsyth, LeBasse Projects
Public Comment:

Beau Basse, LeBasse Projects
4A
2 a.Motion authorizing the City Manager, or a designee, to enter into an Agreement for Commission of Artwork with Cara Lynch in an amount not to exceed $30,000 dispersed from the Urban Art Fund, to design, fabricate, and install a public art piece entitled, “Belonging,” for the Fremont Park Columns Tile Artwork
Moved: Brotman Seconded: Najarian
Vote as Follows

2.Libraries, Arts, and Culture, re: Palmer Park Basketball Court Mural Presenting:

Jennifer Fukutomi-Jones, Principal Arts & Culture Administrator Beau Basse, LeBasse Projects
Staff Comment:

Onnig Bulanikian, Director of Community Services and Parks Public Comments:

Stephen Meek
Arlene Vidor
a.Motion authorizing the City Manager, or a designee, to enter into an Agreement for Commission of Artwork with an artist/artist team to design, fabricate, and install a public art piece for the Palmer Park Basketball Court Mural in an amount not to exceed $30,000 dispersed from the Urban Art Program Fund
Moved: Gharpetian Seconded: Brotman
Vote as Follows
a.

ADJOURNMENT – 4:20 p.m.

Moved: Najarian Seconded: Gharpetian
Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Najarian, Kassakhian (pro tem)
None
Asatryan
None
Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Najarian, Kassakhian (pro tem)
None
Asatryan
None
Mayor of the City of Glendale
City Clerk of the City of Glendale
1 M I N U T E S

GLENDALE CITY COUNCIL

COUNCIL CHAMBERS
613 E. Broadway, 2nd Floor Glendale, CA 91206
FEBRUARY 11, 2025
ROLL CALL – Absent: Asatryan

1. CLOSED SESSION – 4:21 p.m.
a. Conference with Legal Counsel – Existing Litigation: Claim of United Financial Casualty Company (Cornejo), Claim No.: 25-0058
b. Conference with Legal Counsel –Ruan v. City of Glendale, L.A.S.C. Case No. 23GDCV02165
c. Conference with Legal Counsel – Existing Litigation: Julian v. City of Glendale, L.A.S.C. Case No. 23STCV05609
City Attorney Mike Garcia indicated that action is anticipated on item 1c Council recessed to closed session at 4:22 p.m.

Motion that the Council hereby finds there is an immediate need to take action that arose after the posting of the agenda for the February 11, 2025, Regular Council meeting. The item in question involves the need to discuss legal action which the City may need to initiate based on the occurrence of events that commenced on Monday, February 10, 2025. The matter needs to be discussed immediately, and direction and authorization needs to be given to the City Attorney prior to the next regular meeting on February 18, 2025. The name and facts of the potential legal matter will be disclosed if said matter is filed Moved: Gharpetian Seconded: Najarian
Vote as Follows

2. REGULAR BUSINESS AGENDA – 6:04 PM
Roll Call – Absent: Asatryan
a. Flag Salute: Mayor Elen Asatryan
b. Invocation: Dr. Suzie Abajian, City Clerk
c. Report of the City Clerk, re: Posting of Agenda. The Agenda for the February 11, 2025 Regular Meeting of the Glendale City Council was Posted on February 6, 2025, on the Bulletin Board Outside City Hall.

3. PRESENTATIONS AND APPOINTMENTS
a. Agenda Preview for the Meetings of Tuesday, February 18, 2025 Asst. City Manager John Takhtalian provided the preview. b. Nominations for Appointment
•Arlene Vidor, Arts and Culture Commission (Seat 2 – Reappointment of Vidor) (Brotman (A)/Gharpetian (B), 2/4/2025)
Moved: Najarian Seconded: Brotman
Ayes:

Noes:

Absent:

Abstain:

Gharpetian, Najarian, Kassakhian (pro tem)
None
Asatryan
Brotman
4A
2 Vote as Follows
•Carlo Noravian, Civil Service Commission (Seat 5 – Vacant) (Najarian (A), 2/4/2025)
Moved: Najarian Seconded: Brotman
Vote as Follows
•Carmen Arom, Commission on the Status of Women (Seat 3 – Replacing Tatiyants) (Gharpetian (A)/Brotman (B) 2/4/2025)
Moved: Najarian Seconded: Brotman
Vote as Follows
•Diane Lambillotte, Commission on the Status of Women (Seat 1 – Replacing Khojayan) (Asatryan (A)/Najarian (B), 2/4/2025)
Moved: Najarian Seconded: Brotman
Vote as Follows
•Jennifer Pinkerton, Sustainability Commission (Seat 2 – Replacing Bazemore) (Brotman (A)/Najarian(B), 2/4/2025)
Moved: Najarian Seconded: Brotman
Vote as Follows
•Kevork Bartanian, Historic Preservation Commission (Seat 1 – Replacing Cragnotti) (Asatryan (A)/Najarian (B), 2/4/2025)
Moved: Najarian Seconded: Brotman
Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Najarian, Kassakhian (pro tem)
None
Asatryan
None
Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Najarian, Kassakhian (pro tem)
None
Asatryan
None
Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Najarian, Kassakhian (pro tem)
None
Asatryan
None
Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Najarian, Kassakhian (pro tem)
None
Asatryan
None
Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Najarian, Kassakhian (pro tem)
None
Asatryan
None
3 Vote as Follows
•Lilya Avagyan, Transportation and Parking Commission (Seat 1 – Replacing Amirian) (Asatryan (A)/Najarian (B), 2/4/2025)
Moved: Najarian Seconded: Brotman
Vote as Follows
•Marina Manoukian, Community Development Block Grant Advisory Committee (Seat 1 – Replacing Avedisian) (Asatryan (A)/Brotman (B), 2/4/2025) Moved: Najarian Seconded: Brotman
Vote as Follows
•Natalie Samarjian, Commission on the Status of Women (Seat 2 – Replacing Lambillotte) (Brotman (A)/Asatryan (B), 2/4/2025)
Moved: Najarian Seconded: Brotman
Vote as Follows
Item moved to a later date.
•Zareh Amirian, Transportation and Parking Commission (Seat 5 – Replacing Ordubegian) (Najarian (A)/Kassakhian (B) 2/4/2025)
•Zareh David Davidian, Audit Committee (Seat 5 – Vacant) (Najarian (A)/Brotman (B), 2/4/2025)
Moved: Najarian Seconded: Brotman
Vote as Follows
Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Najarian, Kassakhian (pro tem)
None
Asatryan
None
Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Najarian, Kassakhian (pro tem)
None
Asatryan
None
Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Najarian, Kassakhian (pro tem)
None
Asatryan
None
Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Najarian, Kassakhian (pro tem)
None
Asatryan
None
Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Najarian, Kassakhian (pro tem)
None
Asatryan
None
4 4. CONSENT ITEMS (Including Minutes)
The following are Routine and May be Acted Upon by One Motion. Any Member of Council or the Audience Requesting Separate Consideration May do so by Making Such Request Before Motion is Proposed.

Items 4c, 4g, and 4h pulled for separate consideration. a. City Clerk, re: Minutes of the Regular City Council Meetings of January 21, January 28, and February 4, 2025
Moved: Brotman Seconded: Gharpetian
Vote as Follows
b. Public Works, re: Adopt the Plan and Specification for the West Glendale Americans with Disabilities Act (ADA) Curb Ramp Installation and Sidewalk Repair Program Phase 1

1. Resolution 25-15 adopting the Plan and Specification for the West Glendale ADA Curb Ramp Installation and Sidewalk Repair Program Phase 1, Specification No. 4006 and Plan No. 1-3134; and directing the City Clerk to Advertise for Bids Moved: Brotman Seconded: Gharpetian
Vote as Follows
c. Public Works, re: Measure R Project Updates
Staff Comments:

Sarkis Oganesyan, Deputy Director of Public Works/City Engineer Roubik Golanian, City Manager
Public Comment:

Anonymous
Item 4c did not pass and is moved to next week’s meeting.

1. Motion approving new programming and modifications to existing programming to the adopted Measure R Sub-Regional Program
Moved: Brotman Seconded: Kassakhian
Vote as Follows
Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Najarian, Kassakhian (pro tem)
None
Asatryan
None
Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Najarian, Kassakhian (pro tem)
None
Asatryan
None
Ayes:

Noes:

Absent:

Abstain:

Brotman, Kassakhian (pro tem)
None
Asatryan
Gharpetian, Najarian
5 2. Resolution of appropriation to appropriate Measure R Regional Return Funds in the amount of $1,216,440 for the Highway Safety Improvement Program (HSIP) Cycle 11 Grant Local Match
d. Glendale Water and Power, re: Specification No. 4009 for the Verdugo Metro Booster Pump and Motor No. 3 Repair

1. Resolution 25-17 adopting Specification No. 4009 for the Verdugo Metro Booster Pump and Motor No. 3 Repair, and directing the City Clerk to advertise for bids Moved: Brotman Seconded: Gharpetian
Vote as Follows
e. Libraries, Arts, and Culture, re: Acceptance of grant funds for Lunch at the Library from the California State Library

1. Motion accepting $5,714 in California State Library funds to support Lunch at the Library Summer 2025 program; and authorizing the City Manager or a designee to execute all agreements, amendments, certifications, and documents necessary to accept and implement the funding
Moved: Brotman Seconded: Gharpetian
Vote as Follows

2. Resolution 25-18 appropriating $5,714 from the California State Library Moved: Brotman Seconded: Gharpetian
Vote as Follows
f. Public Works, re: Pacific Park Playground and Pool Shade Structure Project Construction Contract Change Order

1. Motion authorizing an amendment to Contract No. 8002312 with ARC Construction, Inc., increasing the contract amount by $240,000 for added project scope, and approving a 10% contingency of $24,000
Moved: Brotman Seconded: Gharpetian
Vote as Follows
Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Najarian, Kassakhian (pro tem)
None
Asatryan
None
Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Najarian, Kassakhian (pro tem)
None
Asatryan
None
Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Najarian, Kassakhian (pro tem)
None
Asatryan
None
Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Najarian, Kassakhian (pro tem)
None
Asatryan
None
6 2. Resolution 25-19 of appropriation to appropriate $174,409 from General Fund Undesignated Fund Balance to the Pacific Park Playground and Pool Shade Structure Project
Moved: Brotman Seconded: Gharpetian
Vote as Follows
g. Public Works, re: Award of a new Professional Services Agreement (PSA) to Mark Thomas and Company, Inc. (Mark Thomas) and Appropriation of Measure R Funds for the North Verdugo Road Multimodal Improvements Project, and execution of an amendment to the existing PSA 8001984 with Mark Thomas for the San Fernando Road Beautification Phase II Project
Public Comments:

Mike Mohill
Allan Durham
Anonymous
Staff Comment:

Daniel Hernandez, Director of Public Works
Item 4g did not pass and is moved to next week’s meeting.

3. Resolution of Appropriation to appropriate $9,000,000 in Measure R Regional Return Funds for the North Verdugo Road Multimodal Improvements Project h. Public Works, re: Authorization of Amendments to the Professional Services Agreements (PSAs) for Professional Engineering Services for the South Verdugo Road Multimodal Improvements Project, and the Fiscal Year 2022-23 Pavement Management Program (PMP) Implementation Project
Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Najarian, Kassakhian (pro tem)
None
Asatryan
None
Ayes:

Noes:

Absent:

Abstain:

Brotman, Kassakhian (pro tem)
Najarian
Asatryan
Gharpetian
7 Public Comments:

Mike Mohill
Allen Dish
Anonymous
Staff Comment:

Roubik Golanian, City Manager
Item 4h did not pass and is moved to next week’s meeting.

3. Resolution 25-21 of Appropriation to appropriate funds for the Fiscal Year 2022-23 PMP Implementation Project

5. CITY COUNCIL/STAFF COMMENTS
Councilmembers Gharpetian and Brotman nominated Talin Shahbazian to the Transportation and Parking Commission.

Councilmembers Brotman and Gharpetian nominated Daniel Paul to the Historic Preservation Commission.

Councilmembers Brotman and Najarian nominated Alex Fay to the Glendale Water and Power.

Councilmember Brotman and Mayor Asatryan nominated Alek Bartrosouf to the Transportation and Parking Commission.

Councilmember Najarian asked staff for the timeline on modifying the mayor selection report. City Attorney Mike Garcia provided comments. Councilmember Najarian announced his reappointment to serve on the Metro board and thanked Mayor Pro Tem Kassakhian for casting his vote.

Councilmember Brotman asked to agendize a discussion on an alternative program for the city to move away from plastics that does not involve mandates but focuses on incentives, assistance, and education.

Ayes:

Noes:

Absent:

Abstain:

Brotman, Kassakhian (pro tem)
Gharpetian, Najarian
Asatryan
None
8 Mayor Pro Tem Kassakhian attended the LA County City Selection Committee meeting and the opening ceremony of the Hamazkayin Aris Stambolian Cultural Center. He announced that Robeks has opened a branch on California Ave. Kassakhian also attended the California Federation of Women’s Club Annual Winter Board meeting on Mayor Asatryan’s behalf. Kassakhian asked staff to take care of or contact CalTrans regarding the downed signs and dead vegetation along the 134 freeway on Brand, Central, and Glendale Ave. exits.

Allan Durham
Stepan Partamian
Mike Mohill
Elise Kalfayan
Anonymous
Agenda out of order. Item 12a read next.

7. ADOPTION OF ORDINANCES

8. ACTION ITEMS

9. HEARINGS
a. Community Development, re: Appeal of Design Review Board's approval of DRB Case No. PDR 002532-2023 located at 1000 Sandringham Drive for the construction of a new 2-story, 5,067 square-foot (SF) single-family dwelling with an attached 3-car garage on a vacant 31,290 SF lot located in the R1R, FAR District III Zone
Najarian recused himself and left the chambers due to a possible conflict of interest.

Hearing opened at 7:49 p.m. Council recessed at 8:46 p.m. and reconvened thereafter.

Hearing closed at 9:15 p.m.

Presenting:

Roger Kiesel, Sr. Planner
Public Comments:

Christopher Smee, Appellant
Alen Malekian, Architect
Ryan Tish
Tim Martinez
Amy Yazzetta
Elaine Brown
9 Staff Comments:

Jeff Brooks, Deputy Fire Chief/Administration
Bradley Calvert, Director of Community Development
Mike Garcia, City Attorney
Motion to continue the item to March 11, 2025, Council Meeting without further notice Moved: Brotman Seconded: Gharpetian
Vote as Follows

1. Motion to sustain the Design Review Board’s decision of April 25, 2024, to approve the project with conditions

2. Motion to continue the matter, directing the City Attorney to draft findings reversing the Design Review Board’s decision and denying the project

10. REPORTS - INFORMATION

11. WRITTEN COMMUNICATIONS

12. DISCUSSION OF COUNCILMEMBER FUTURE AGENDA REQUESTS
a. Councilmember Kassakhian’s Request to Agendize an Extension of the Nomination Period for Boards and Commissions
Moved: Kassakhian Seconded: Brotman
Vote as Follows

13. ORAL COMMUNICATIONS
Discussion is Limited to Items NOT a Part of this Agenda. Each Speaker is Allowed 5 minutes. Council May Question or Respond to The Speaker But There Will be no Debate or Decision. The City Manager May Refer the Matter to the Appropriate Department for Investigation and Report.

Martin Marufo
Beth Brooks
Anonymous
Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Najarian, Kassakhian (pro tem)
None
Asatryan
None
Ayes:

Noes:

Absent:

Abstain:

Brotman, Gharpetian, Najarian, Kassakhian (pro tem)
None
Asatryan
None
10 14. NEW BUSINESS
a. Motion to initiate a legal action in Los Angeles Superior Court. The names of the defendants and other particulars shall be disclosable upon the filing and service of said action upon the defendant. The City Attorney is further authorized to incur any and all expenses necessary in connection with said matter Moved: Najarian Seconded: Gharpetian
Vote as Follows

15. ADJOURNMENT – 9:30 p.m.

Moved: Brotman Seconded: Gharpetian
Mayor of the City of Glendale
City Clerk of the City of Glendale
Ayes:

Noes:

Absent:

Abstain:

Gharpetian, Najarian, Kassakhian (pro tem)
None
Asatryan
Brotman
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CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Use of City Days at the Alex Theatre: Center for Armenian Arts Benefit Concert for Glendale Fire Foundation and Sahag Mesrop Armenian Christian School

1. Council motion to approve use of one of twelve annual City Days at the Alex Theatre for Center for Armenian Arts Benefit Concert for Glendale Fire Foundation and Sahag Mesrop Armenian Christian School on April 30, 2025

COUNCIL ACTION
Item Type: Consent Calendar
Approved for February 18, 2025 calendar

EXECUTIVE SUMMARY
The Community Development Department is requesting use of one of the City’s 12 annual rent-free dates at the Alex Theatre to sponsor The Center for Armenian Arts Benefit Concert for Glendale Fire Foundation and Sahag Mesrop Armenian Christian School on April 30, 2025. This request would represent the fourth community sponsorship request for the 2025 calendar year. Three additional dates are currently reserved for City use.
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RECOMMENDATION
Approve utilization of one rent-free date at the Alex Theatre.

ANALYSIS
As part of the Management Agreement, Evnsong (formerly SAS) agreed to provide the City with 12 annual days of Theatre use, free of facility rental charge. In addition to events hosted by the City, the City may sponsor community groups, who meet the minimum criteria and receive City Council approval, by providing them use of one of these 12 dates. The facility rental fee is waived by the Theatre for these groups, but all other costs associated with the use of the Theatre are to be paid for by the group requesting the sponsorship.

This is the fourth request received by the City from a community group for the 2025 calendar year. Community Groups which have received a City day:

1. Los Angeles Youth Orchestra (May 31, 2025) *approved

2. Ofelya Hambardzumyan’s 100-Year Anniversary with artist Gevorg Chakmanyan (April 3, 2025) *approved

3. Wild Honey (May 24, 2025) *approved
Staff and the Alex anticipate the City will use the Theatre for reoccurring events and are cognizant not to bring forward community events which would surpass the number of allocated dates considering these anticipated date uses. The Council may direct staff to set aside additional dates for anticipated events in addition to the three below:

1. Armenian Genocide Commemoration Event

2. Glendale Tech Week

3. Women’s Equity Day
The Center for Armenian Arts is organizing this event to support two vital causes: the Glendale Fire Foundation and the Sahag Mesrop Armenian Christian School, which was tragically destroyed by fire in Altadena.

The benefit concert aims to bring the community together in a spirit of solidarity and generosity, raising much-needed funds for both organizations. The Glendale Fire Foundation provides essential resources to our local firefighters, while Sahag Mesrop Armenian Christian School has been a cornerstone of education and cultural preservation for 45 years. In the wake of its devastating loss, the community is rallying to help rebuild and restore this important institution.

Given the charitable nature of this event and its direct benefit to both public safety and education, the City’s support is requested to waive the rental fees for the Alex Theatre.

As a symbol of his deep commitment to these causes, singer Gagik Badalian will be performing at the benefit concert on April 30, 2025 free of charge. His participation will add artistic and cultural value to the event, drawing in a wide audience and enhancing 3{{section.number}}b
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the overall impact of the fundraising efforts.

He will be accompanied by the renowned Los Angeles Armenian Folk Instrumental Ensemble, a 24-member group recognized for their exceptional talent in preserving and performing traditional Armenian music. The Ensemble has will be participating at a discounted rate, minimizing costs and still delivering a high-quality musical experience.

Armenian Arts is actively seeking sponsorships from businesses, organizations, and community members to help offset the remaining expenses. With the generosity of sponsors and the contributions of these talented artists, the concert aims to maximize the funds raised in support of the Glendale Fire Foundation and the rebuilding of Sahag Mesrop Armenian Christian School.

STAKEHOLDERS/OUTREACH
Marketing for the event will take place through the organization’s base, and all regular Alex Theatre ticket marketing outlets.

Details for those interested in requesting sponsorships can be found on the City website at: glendaleca.gov/government/departments/community-development/cdd- administration/alex-theatre-sponsorship and the Alex Theatre website at:
https://www.thealex.com/sponsorship

FISCAL IMPACT
There are no costs to the City of Glendale for sponsoring this event.

ENVIRONMENTAL REVIEW (CEQA/NEPA)
CEQA does not apply to projects where the lead agency determines "with certainty that there is no possibility that the activity in question may have a significant effect on the environment." CEQA Guidelines (14 Cal. Code Regs.) § 15061(b)(3). Here, the action involves hosting a show within a built environment. There is no possibility that the action of hosting continued shows within the Theatre may have a significant effect on the environment.

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1. Do not approve utilization of one of twelve of the City days at the Alex Theatre.

ADMINISTRATIVE ACTION
Submitted by:

Bradley Calvert, Director of Community Development
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Prepared by:

Tamar Sadd, Deputy Director of Community Development
Approved by:

Roubik R. Golanian, P.E., City Manager

EXHIBITS/ATTACHMENTS
cc_02182025_motion_4b1.pdf

M O T I O N
Moved by Council Member _______________________, seconded by Council Member _______________________, that the City Council approve use of one of twelve annual City Days at the Alex Theatre for Center for Armenian Arts Benefit Concert for Glendale Fire Foundation and Sahag Mesrop Armenian Christian School on April 30, 2025, as described in the February 18, 2025 staff report from the Director of Community Development.

Vote as follows:

Ayes:

Noes:

Absent:

Abstain:
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25-87334

CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Award Maintenance and Repair Contracts for Electrical and Flooring Systems 1) Motion awarding a contract to A A Electric Co. (A&A) for Electrical Systems Services at Various City Facilities Project per Specification No. 3989 for the not- to-exceed amount of $414,304 for three years and directing the City Manager or a designee to execute the contract.
2) Motion awarding a contract to Pasadena Construction & Interiors, Inc. for Flooring Services at Various City Facilities Project per Specification No. 3990 for the not- to-exceed amount of $418,395 for three years and directing the City Manager or a designee to execute the contract.

COUNCIL ACTION
Item Type: Consent Calendar
Approved for February 18, 2025 calendar

EXECUTIVE SUMMARY
The Public Works Department is responsible for the maintenance of all city-owned buildings including all building electrical systems and flooring systems. New maintenance and repair contracts are needed for electrical systems and flooring systems. Following separate competitive bidding processes, three-year maintenance and repair contracts need to be awarded to A&A for electrical systems for $414,304 and to Pasadena Construction & Interiors, Inc. for flooring for $418,395. {{section.number}}c2
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RECOMMENDATION
That the City Council approve the two motions awarding three-year contracts for citywide maintenance and repairs for electrical systems to A A Electric Co. for $414,304, and for flooring systems to Pasadena Construction & Interiors, Inc. for $418,395.

ANALYSIS
The Public Works Department is responsible for the maintenance and repair of all city buildings and systems including: fire stations, the police station, libraries, parks, the civic center, utility sites, corporations yards, and parking garages, totaling over 200 facilities and 1,250,000 occupied square feet. Maintenance and repair responsibilities are addressed with a strategic combination of in-house staff and contracted services.

On November 12, 2024, City Council adopted Specifications 3989 for Electrical Systems Services at Various City Facilities Project, and the services were advertised for bids. On December 4, 2024, five prospective bidders attended a mandatory pre-bid meeting, and on December 18, 2024, the city received five bids for electrical services.

A&A $414,304
Industrial Pro $581,700
Ace Construction $583,770
Baker $749,430
Amtek $822,420
The lowest bid for electrical services was submitted by A&A. Staff has reviewed the lowest bid and determined this bid to be responsive and they are a responsible bidder. Staff has contacted references for A&A and they reported satisfactory performance On November 12, 2024, City Council adopted Specifications 3990 for Flooring Systems Services at Various City Facilities Project, and the services were advertised for bids. On December 4, 2024, seven prospective bidders attended a mandatory pre-bid meeting, and on December 18, 2024, the city received five bids for flooring services.

Pasadena Construction & Interiors $418,395
Reliable Floor Covering, Inc. $422,295
Lawrence Rosine Co. $488,100
G&S Carpet Mills $517,359
Floor Tech America (FTA) Non-Responsive
The lowest bid for flooring services was submitted by Pasadena Construction & Interiors, Inc. Staff has evaluated the lowest bid and found this bid to be responsive and they are a responsible bidder. Staff has contacted references for Pasadena Construction & Interiors, Inc. and they reported satisfactory services. {{section.number}}c3
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STAKEHOLDERS/OUTREACH
Building maintenance and repair services contracts will augment Public Works maintenance staff efforts to increase the reliability and conditions of all city facilities. By combining contractors’ access to sophisticated tools and training with staff’s onsite experience and availability, Public Works is able to maintain city facilities that are safe, sturdy and appealing.

Stakeholders include city employees and visitors to city facilities. No public outreach for these ongoing maintenance contracts is expected.

FISCAL IMPACT
The maintenance and repair of electrical systems and flooring systems will collectively cost approximately $130,000 in the current fiscal year, which was approved as a part of the FY 2024-25 budget. No new appropriation is being requested at this time. Funding for future years of the contract will be requested during the annual budget processes.

The City Council approved funding is outlined below:

Existing Appropriation
Amount Account String Funding Source
$130,000 43110-6070-PWD-7508-0000 Building Maintenance
Fund

ENVIRONMENTAL REVIEW (CEQA/NEPA)
This item includes routine maintenance and repair activities and is therefore, not subject to CEQA review.

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: Do not authorize new maintenance and repair contracts for electrical systems and building systems. These services will be provided solely with in-house resources which would compromise the reliability of these essential building systems.

Alternative 2: The City Council may consider any other alternative not proposed by staff.

ADMINISTRATIVE ACTION
Submitted by:

Daniel Hernandez, Director of Public Works
Prepared by:

Kevin C. Todd, Assistant Director of Public Works
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Approved by:

Roubik R. Golanian, P.E., City Manager

EXHIBITS/ATTACHMENTS
None.

MOTION
Moved by Council Member , seconded by
Council Member , that the Council of the City of
Glendale finds that A A Electric Co. (A&A) has provided the lowest responsive bid, and they are a responsible bidder, for the Electrical Systems Services at Various City Facilities Project as described in Specifications No. 3989, and that the bid of A&A for the amount of four hundred fourteen thousand, three hundred four dollars ($414,304), is hereby accepted and approved, as recommended by the Director of Public Works, and that all other bids be, and are, hereby rejected. The Council authorizes the City Manager to execute a contract, subject to approval as to form by the City Attorney, with A&A, in the amount of four hundred fourteen thousand, three hundred four dollars ($414,304).

Votes as follows:

Ayes:

Noes:

Absent:

Abstain:
{{section.number}}c
MOTION
Moved by Council Member , seconded by
Council Member , that the Council of the City of
Glendale finds that Pasadena Construction & Interiors, Inc. (PCI) has provided the lowest responsive bid, and they are a responsible bidder, for the Flooring Systems Services at Various City Facilities Project as described in Specifications No. 3990, and that the bid of PCI for the amount of four hundred eighteen thousand, three hundred ninety-five dollars ($418,395) is hereby accepted and approved, as recommended by the Director of Public Works, and that all other bids be, and are, hereby rejected. The Council authorizes the City Manager to execute a contract, subject to approval as to form by the City Attorney, with PCI, in the amount of four hundred eighteen thousand, three hundred ninety-five dollars ($418,395).

Votes as follows:

Ayes:

Noes:

Absent:

Abstain:
{{section.number}}d
25-87461

CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Award of Contract to Wet Views for Citywide Pools & Splash Pads Maintenance

COUNCIL ACTION
Item Type: Consent Calendar
Approved for February 18, 2025 calendar

EXECUTIVE SUMMARY
The County of Los Angeles Department of Public Health requires that all public swimming pools, inclusive of wading pools and splash pads with circulation systems, be monitored and maintained by a County-certified swimming pool service technician. Community Services & Parks (CSP) has contracted this service out since the opening of the Pacific Community Pool.

CSP is recommending that Wet Views be awarded the contract, as the lowest qualified bidder, in an amount not to exceed $150,065 per year for the first three years, or $450,195 in total, with two optional one-year extensions, for a total amount not to exceed $763,966.

The bid Specification allowed for a maximum 3% annual cost escalation, but Wet Views did not propose an increase within the first three years. Since the vendor may increase prices after year three, the total not-to-exceed contract amount reflects the maximum 3% cost escalation in years four and five.

Staff is requesting an additional $30,000 in this fiscal year’s budget to provide services at the bid rate, which also includes funds for the maintenance of the new splash pads at Fremont and Pacific parks through June 30, 2025. By approving this contract, the pool and splash pad maintenance budget will need to increase by at least $100,065 annually for future years, which will be included as part of the annual budget process. In addition, staff will be requesting an increased appropriation of $15,400 for chemicals in the 2025- {{section.number}}d2
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26 budget and in future years to pay for the increased cost of chemicals with the operation of the new splash pads

RECOMMENDATION
That the City Council (1) pass a Motion awarding a contract to Wet Views for maintenance of citywide pools and splash pads, and authorize the City Manager to execute a three- year contract with two optional one-year extensions in an amount not to exceed $763,966; and (2) adopt a Resolution of Appropriation to appropriate $30,000 in the aquatics program to pay for the services in the current fiscal year.

ANALYSIS
The County of Los Angeles Department of Public Heath requires that public swimming pools with a recirculating system be monitored and maintained by a County-certified swimming pool service technician. Community Services & Parks (CSP) has contracted this service out to Sea Clear Pools, Inc. since the opening of the Pacific Community Pool, and the transition of Palmer Wading Pool from a “fill-and-drain” pool to a recirculation system. This has proven to be more cost-effective than establishing a full-time City staff position to handle the required monitoring. The contractor has also performed the specialty repairs of pool equipment.

Sea Clear Pools, Inc. has maintained the Pacific Community Pool since its grand opening. It has consistently been awarded the maintenance contract due to its low pricing in multiple competitive bidding processes. The current contract in the amount of $65,000 for the maintenance of Pacific Community Pool and Palmer Wading Pool was extended from its original expiration date of December 31, 2024, to March 31, 2025.

On December 10, 2024, Council approved a Resolution adopting specifications for the Citywide Pools & Splash Pads Maintenance Services Project, Specification No. 4005, and directing the City Clerk to advertise for bids. On December 11, 2024, an Invitation to Bid was released, inviting qualified pool maintenance companies to bid on a three- year contract for the maintenance of all City pools and splash pads.

Maintenance of the two existing pools includes two minimum visits per week to each location that has a recirculation system. The contractor checks the water quality, pumps and sensors, backwashes the filters as needed, and logs all information in an on-site logbook as well as online. These must be made available to the County for inspection at any scheduled or unscheduled inspection. In addition, the contractor performs larger maintenance services monthly and semi-annually, such as cleaning all sensors and probes, checking the chlorine injector, rebuilding the chemical pumps, and replacing the filter media as needed. At Palmer Wading Pool, the contractor also assists with opening the pool annually for the summer season, filling it with water, balancing the chemicals, and ensuring the filters are working properly. At the end of the summer season, the contractor winterizes the wading pool by turning off all pumps and filters and covering the pool. Due to the imminent opening of Pacific Splash Pad and Fremont Splash Pad, as well as upcoming construction on Central Park Splash Pad and Cerritos Splash Pad, CSP bid the maintenance of all sites to be consolidated under one {{section.number}}d3
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contract. This will allow for staff to have one point of contact for all locations and provide consistency in the maintenance of each facility. The contractor will be responsible for the above-mentioned maintenance services at the two pools, as well as similar duties at the splash pad locations. In addition, the contractor will open the splash pads prior to the start of each season, balancing all water chemicals, preparing the chemical and filter pumps, and inspecting and ensuring all spray nozzles are operational. At the end of each season, the contractor will winterize the splash pads by decommissioning all of the equipment for and emptying all of the tanks, similar to winterizing the wading pool.

Staff held a job walk on January 7, 2025, and representatives from three vendors attended. Bids were due on February 5, 2025.

Two qualified vendors submitted bids: Wet Views and Sea Clear Pools, Inc. (City’s current contractor). The following is a summary of the bids received:

Bids Submitted
Vendor One-Year Quote Three-Year Quote
Wet Views $150,065 $450,195
Sea Clear Pools, Inc. $285,805 $857,415
Staff had estimated a one-year contract would cost approximately $230,000, based on previous years contract with Sea Clear Pools, Inc. and the current market for maintenance costs in speaking to counterparts in other cities. In evaluating the bids that were submitted, staff observed that Wet Views quoted lower monthly rates for both routine maintenance and emergency services. Sea Clear Pools, Inc.’s bid is 90% higher than Wet Views’ bid.

Wet Views currently provides maintenance service to USC, City of Pasadena, City of Duarte, La Cañada Unified School District, and Baldwin Park Unified School District, and it holds all of the required certifications and licenses to perform the work for Glendale. In addition, they are located in Arcadia, which will provide for an emergency service-call time within our requirements of 90 minutes’ response time.

Staff has budgeted $50,000 in the current fiscal year for the pool and wading pool maintenance. The cost of maintenance has increased based on the bid results, and the new contract also includes splash pad maintenance at 4 sites. Staff is requesting an additional appropriation of $30,000 in this fiscal year to ensure services through June 30, 2025, and as part of the annual budget process, an increase in future years of at least $100,065 annually, to fund the not-to-exceed contract of $150,065 per year for the first three years, or $450,195 in total, with two optional one-year extensions, for a total amount not to exceed $763,996. The maximum, five-year contract total reflects the maximum potential 3% cost escalation in years four and five. In addition, staff will be requesting an increased appropriation of $15,400 for chemicals in the 2025-26 budget and in future years to pay for the increased cost of chemicals with the operation of the new splash pads.
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The total contractual obligations appropriated to the Aquatics Program for all chemicals and maintenance will be $204,865 (increase of $115,465) in FY 2025-26 due to the increase in maintenance and chemical costs for the operation of all aquatics’ facilities.

STAKEHOLDERS/OUTREACH
CSP provides outdoor recreational activities throughout the City to improve the quality of life for residents and visitors. By utilizing contractors to maintain and repair all pool and splash pad equipment and maintain water quality, staff ensures the safety of participants and meet the requirements set by the County of Los Angeles Department of Public Health.

Stakeholders include city employees, residents and visitors to city facilities.

Staff advertised the Invitation to Bid on the City’s website, in the Glendale Independent Newspaper, and staff reached out directly to all vendors in the Purchasing Department’s database that downloaded or applied for the previous pool maintenance contract. This list included eleven vendors.

FISCAL IMPACT
The contract with Wet Views will cost up to $763,966 for a five-year period, which is $150,065 annually for the first three (3) years, with a maximum potential 3% increase allowed in years four (4) and five (5), compounded annually. For the remainder of this fiscal year, the anticipated cost of the contract is $42,350. Although $50,000 was budgeted in the Aquatics program for FY 2024-25 for maintenance services, only $12,350 remains available; thus, staff is requesting that Council appropriate an additional $30,000 from the General Fund Undesignated Fund Balance for FY 2024-25.

Staff will request an appropriation of funds for the remaining maintenance contract annually as part of the budget process.

The City Council approved funding is outlined below:

Existing Appropriation
Amount Account String Funding Source
$12,350 43110-1010-CSP-3009-P5261 General Fund
Requesting Appropriation
Amount From (Account
String)
To (Account String) Funding Source
$30,000 25300-1010-000 43110-1010-CSP-
3009-P5261
General Fund
Staff will also request additional $15,400 for chemicals as part of the budget process in future years.
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ENVIRONMENTAL REVIEW (CEQA/NEPA)
The action being considered is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15301 in that consists of the operation, repair, or maintenance of existing public facilities involving negligible or no expansion of former use. Moreover, because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, it is exempt from CEQA. (CEQA Guidelines Section 15061(b)(3).)

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: The City Council may reject awarding a contract to Wet Views and appropriate additional funding and hire staff to provide these services in-house. This option would cost more than the proposed contracts by requiring the City to hire additional certified staff, and purchase and maintain additional equipment.

Alternative 2: The City Council may choose to enter into a contract with Sea Clear Pools, Inc. instead of Wet Views, which would cost at least $407,220 more for a three- year contract.

Alternative 3: The City Council may consider any other alternative not proposed by staff.

ADMINISTRATIVE ACTION
Submitted by:

Onnig Bulanikian, Director of Community Services & Parks Prepared by:

Gabrielle Goglia, Community Services Manager
Tereza Aleksanian, Assistant Director of Community Services & Parks Approved by:

Roubik R. Golanian, P.E., City Manager

EXHIBITS/ATTACHMENTS
None.

MOTION
Moved by Council Member _______________________, seconded by Council Member ____________________________, that the City Council hereby approves the award of a contract for Citywide Pools & Splash Pads Maintenance, which was the subject of an Invitation for Bids, Specification No. 4005, to Wet Views; and authorizes the City Manager or a designee to execute a contract with Wet Views for an initial term of three years, and two optional one-year extensions, for a maximum total term of five years, in an amount not to exceed $763,966, as recommended in the report of the Director of Community Services & Parks of February 18, 2025.

Vote as follows:

Ayes:

Noes:

Absent:

Abstain:

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24-87075

CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Measure R Project Updates
1)Motion approving new programming and modifications to existing programming to the adopted Measure R Sub-Regional Program.
2)Resolution of appropriation to appropriate Measure R Regional Return Funds in the amount of $1,216,440 for the Highway Safety Improvement Program (HSIP) Cycle 11 Grant Local Match.

COUNCIL ACTION
Item Type: Consent Item
Approved for February 11, 2025 calendar

EXECUTIVE SUMMARY
The list of projects requiring new programming and modifications to existing programming to the adopted Measure R Sub-Regional Program have been compiled and are ready to be presented to the Los Angeles County Transportation Authority (Metro) Board for approval. Additionally, the City of Glendale obtained HSIP Cycle 11 funding that requires a local match component to fund the entirety of the project.

The intent of this item is for the City Council to approve the list of projects before the city’s official approval request is considered by the Metro Board. A resolution of appropriation is also needed from the Measure R Regional Return Fund to fully fund Glendale’s portion of the HSIP Cycle 11 project.

RECOMMENDATION
Approve the motion requesting new programming and modifications to existing programming to the adopted Measure R Sub-Regional Program and approve the resolution of appropriation in the amount of $1,216,440.

ANALYSIS
Measure R is a half-cent sales tax for Los Angeles County that finances new transportation projects and programs. In November 2008, Measure R was approved by two-thirds majority, committing a projected $40 billion to traffic congestion relief and {{section.number}}a2
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transportation upgrades throughout the County over its 30-year life span. The city’s share of Measure R Sub-regional funds for Highway Operational Improvements is approximately $98.5 million.

The Public Works Department has pursued and received several Measure R transportation-related grants from Metro to improve traffic congestion and safety within the city. For Measure R Sub-regional funds, Metro requires project sponsoring agencies to execute a Memorandum of Understanding (MOU) for those projects funded with local sales tax dollars. A Funding Agreement (FA) must be executed in the first year that funds are available and prior to starting any work on the project. FAs include a general description of the project, the specific work elements to be completed, funding amounts and the source of all funds.

Staff currently has numerous projects in planning, design, and construction. To request new programming and modifications to existing programming on the approved Sub- regional project list, we are required to submit an official request to the Planning and Programming Committee of Metro during the Board’s semi-annual meetings that take place in the fall and spring. The next meeting is expected to take place in June 2025.

1. Completed Projects:

To date, the city has completed approximately $35.8 million (Subtotal 1), in Measure R Highway Sub-Regional Program Funds listed as follows:

Measure R
MOU # Project Name Status
Measure R
Budget or
Project Final
Cost
MR310.01 Fairmont Ave Grade Separation
at San Fernando Rd Audit is Complete $1,658,715
MR310.04
San Fernando/Grandview At-
Grade Rail Crossing
Improvements
Audit in Progress $1,850,000
MR310.05
Central Ave Improvements/
Broadway to SR-134 EB Off
ramp
Audit is Complete $3,250,000
MR310.13 Glendale Narrows Bikeway
Culvert Audit is Complete $1,183,951
MR310.14 Verdugo Rd Signal Upgrades Audit is Complete $556,852 MR310.16 SR-134/Glendale Ave Traffic
Signal Mods Audit is Complete $1,444,368
MR310.17 Ocean View Blvd Project Audit is Complete $929,633 {{section.number}}a3
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MR310.18 Sonora Avenue At-Grade Rail
Crossing Safety Upgrades Audit is Complete $2,643,441
MR310.19
Traffic Signal Sync Brand/
Colorado-San Fernando/
Glendale-Verdugo
Audit is Complete $340,941
MR310.20
Verdugo Rd/Honolulu
Ave/Verdugo Blvd Intersection
Modification
Audit is Complete $397,255
MR310.21 Colorado St Widening Project Audit is Complete $347,185 MR310.22 Glendale Narrows Riverwalk
Bridge Audit is Complete $583,074
MR310.24 Construction of Bicycle Facilities Audit is Complete $244,283 MR310.26 Bicycle Facilities Phase 2 (Class
III Bike. Routes) Audit is Complete $214,629
MR310.28
Pennsylvania Ave Signal at I-
210 Fwy on/off Ramps
Modification
Audit is Complete $340,140
MR310.32 Regional Arterial Performance
Measures (Call Match F7321)
Project is Complete
Requested Audit $100,000
MR310.35 Signal Installations at Various
Locations (Pacific Ave) Audit is Complete $1,496,060
MR310.37
Verdugo Blvd Traffic Signal
Mods at Valihi Way and SR-2
FWY
Project is Complete
Requested Audit $1,450,000
MR310.40 Pacific Ave and Burchett St
Street Improvements Audit is Complete $3,313,047
MR310.41 Doran St. (From Brand Blvd to
Adams St.) Improvements Audit is Complete $1,335,814
MR310.42 Arden Ave (From Highland Ave
to Kenilworth St) Audit is Complete $623,204
MR310.47
Traffic Signals on Glenwood Rd
and Modifications on La
Crescenta Ave and Central Ave
Project is Complete
Requested Audit $2,025,000
MR310.48
San Fernando Rd and Los
Angeles St Traffic Signal
Installation and Intersection
Modification
Audit is Complete $398,105
MR310.49
Traffic Signal Modification and
Upgrades on Honolulu Ave and
Montrose Ave at Pennsylvania
Project is Complete
Requested Audit $3,800,000
MR310.52
Traffic Signal Installations on
Chevy Chase Dr at California
Ave and Sinclair Ave, Lexington
Project is Complete
Requested Audit $2,500,000
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Dr and Louise St, Pacific Ave
and Arden Verdugo Blvd and
Park Ln
MR310.60
N. Verdugo Road Safety
Improvements (from Glendale
Community College to Menlo
Drive
Project is Complete
Requested Audit $1,100,000
MR310.61 Broadway Traffic Signal
Modification
Project is Complete
Requested Audit $1,650,000
SUBTOTAL 1 $35,775,697

2. Programmed Projects with Executed FAs and/or FA Amendments in progress:

As part of the current Measure R Highway Sub-Regional Program funds, Metro’s Board approved approximately $44.5 million (Subtotal 2) for the city’s projects in progress as follows:

Measure R
MOU # Project Name Status Measure R
Budget
MR310.25 I-210 Soundwall Project
Project on hold,
seeking additional
funding sources
$8,020,000
MR310.34 Regional Bike Stations (Call
Match F7709)
Project in
Progress. CDD is
the project lead
$332,000
MR310.43
South Verdugo Rd Traffic
Signal Mods at Colorado St,
Maple St, and Acacia Ave
Design in Progress
Amendment No. 2 in
Progress
$5,650,000
MR310.54
Traffic Signal Modifications on
La Crescenta Ave at Roselawn
Ave and Shirlyjean St and San
Fernando Rd at Highland Ave
Construction in
Progress
Amendment No. 1 in
Progress
$4,650,000
MR310.62 Downtown Glendale Signal and
Mobility Improvements Project
Construction in
Progress
Amendment No. 1 in
Progress
$8,626,736
MR310.63
S. Central Ave Traffic Signal,
Transit, and Pedestrian
Improvements Project
(Colorado St to Los Feliz Rd)
Design in Progress $3,000,000
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MR310.64
N. Glendale Ave Traffic Signal,
Transit, and Pedestrian
Improvements Project
(Broadway to N. Verdugo Rd)
Design in Progress $4,000,000
MR310.65
N. Verdugo Road Traffic Signal,
Transit, and Pedestrian
Improvements Project (Canada
South Fork to Honolulu Ave)
Design in Progress
Amendment No. 1 in
Progress
$9,000,000
MR310.66
HSIP Cycle 11 Local Match for
Local Roadway Safety
Improvements Project
Design in Progress $1,216,440
SUBTOTAL 2 $44,495,176

MR310.66 - HSIP Cycle 11 Local Match for Local Roadway Safety Improvements Project

Caltrans announced the approved projects for HSIP Cycle 11 on March 9, 2023 after reviewing 434 applications from 206 local public agencies, requesting $521.1 million of HSIP funds. 286 projects, totaling $231.6 million in HSIP funds, were selected for funding. The City of Glendale applied for HSIP Cycle 11 funds totaling $7,332,200. The city was awarded state funds for 90% of the total project costs ($6,598,980) that required a conditional 10% local match ($733,220). An additional $483,220 is requested for the Preliminary Engineering Design phases, totaling $1,216,440 of requested Measure R Regional Return funds for HSIP Cycle 11.

The following approved four HSIP projects were chosen to improve the safety of all road users by analyzing crash data and identifying high-risk locations highlighted in the city’s 2022 Local Roadway Safety Plan (LRSP).

Project 1 – Systemic Improvements at Signalized Intersections

Scope: Installing raised medians on approaches and modifying signal phasing to implement a Leading Pedestrian Interval (LPI).

Project Cost: $1,419,000

Locations:

1. Central Ave & Los Feliz Rd

2. Verdugo Rd & Wilson Ave

3. Verdugo Rd and Broadview Dr

4. Glenoaks Blvd & Alameda Ave

5. Foothill Blvd & New York Ave

Project 2 – Citywide Sign Inventory & Replacement

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Scope: Installing and upgrading signs with new fluorescent sheeting (regulatory or warning) at various locations throughout the City of Glendale.

Project Cost: $4,121,200

Locations: Citywide

Project 3 – Roadway Pedestrian Safety

Scope: Installing raised pedestrian crossings and raised medians on the roadway.

Project Cost: $1,514,300

Locations:

1. North/South Glendale Ave: E Chevy Chase Dr to California Ave

2. Verdugo Rd: E. California to E Garfield

3. E Broadway: N Chevy Chase to Lukens Pl

4. Montrose Ave: Pennsylvania to La Crescenta,

5. West Los Feliz: Gardena to S Brand

Project 4 – Roadway Pedestrian Safety (Set Asides)

Scope: Enhancing pedestrian crossings with safety features and installing dynamic/variable warning signs.

Project Cost: $277,700

Locations:

1. San Fernando Rd: W California Ave to Fierro St.

2. W Glenoaks Blvd: Thompson Ave to Concord St.

3. Montrose Ave: Pennsylvania Ave to Ramsdell Ave.

The requested appropriation of Measure R Regional Return funds will be used as a local match to the state funds and will allow Public Works to continue the Preliminary Engineering Design phases and provide the required local matching component for the already awarded HSIP Cycle 11 funds.

3. Modifications to Existing Programming Request for Existing FAs:

As part of this program update, the city is asking to deobligate $1.2 million and add an additional $2 million in Measure R Highway Sub-Regional Program funds for projects with existing FAs as follows:

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Measure R
MOU # Project Name Status
Additional
Programming
Request
MR310.39 Widening of SR-2 FWY Ramps at
Mountain
Caltrans determined
widening not feasible ($1,200,000)
MR310.62
Downtown Glendale Signal and
Mobility Improvements Project

Additional funding is
requested to support
additional mobility
improvements
$2,000,000
SUBTOTAL 3 $800,000

Downtown Glendale Signal and Mobility Improvements Project:

Staff completed an extensive inventory of existing downtown Glendale infrastructure and determined that additional effort and infrastructure would be required to fully support signal and mobility improvements throughout the various approved project corridors. This additional programming request will allow staff to fill in the fiber optic communication gap in downtown Glendale to support the communication of real-time traffic conditions. Pedestrian safety improvements will include updated pedestrian push button systems to support Leading Pedestrian Intervals (LPI) and upgrades to non- compliant ADA infrastructure at signalized intersections.

4. New Programming Request:

As part of this program update, the city is also asking for an additional $5 million (Subtotal 4) in Measure R Highway Sub-Regional Program funds for a new project as follows:

Measure R
MOU # Project Name Status Measure R Budget
TBD Citywide Multi-Modal Equipment
Modernization
New Project
Request $5,000,000
SUBTOTAL 4 $5,000,000

Citywide Multi-Modal Equipment Modernization:

This project proposes upgrading Glendale’s traffic signal infrastructure to improve mobility, safety, and system integration across the city. The enhancements focus on modernizing aging traffic equipment and ensuring better service for all modes of travel while aligning with current Traffic Management Center (TMC) and Intelligent Transportation System (ITS) standards and best practices.

The scope of work for the project includes the following but is not limited to; upgrading various traffic signal equipment at 157 signalized intersections, replacing outdated traffic signal controllers with 2070 ATC models, installing Accessible Pedestrian Signals (APS) pushbutton systems, implementing bicycle detection systems at 78 intersections, upgrading pedestrian countdown signals, upgrading vehicle detection systems, LED {{section.number}}a8
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safety lighting, Emergency Vehicle Preemption (EVP) systems, GPS time clocks, CCTV cameras for traffic monitoring, implementing 5-second LPI, and modernizing the TMC’s hardware and software to optimize traffic operations citywide.

Summary
Measure R Sub-regional funds do not require a local match from the project sponsor.

Since 2009, the city’s status of Measure R Highway Sub-Regional Program funds to date are as follows:

Project Status Measure R
Budget
Completed Projects (Subtotal 1) $ 35,775,697
Programmed Projects (Subtotal 2) $ 44,495,176
Modifications to Existing Projects (Subtotal 3) $ 800,000 New Projects (Subtotal 4) $ 5,000,000 TOTAL $86,070,873

STAKEHOLDERS/OUTREACH
During the design phase of all these projects, staff conducts community outreach with the property owners, occupants, and businesses along the project limits and the public is informed of the project details, construction schedule, future city and contractor notifications, and the impacts of the construction work in the neighborhood. The community outreach events also provide the opportunity for the public to share comments and ask questions regarding the project.

Outreach on these projects continues to occur through a dedicated webpage for each project. The webpages introduce the project and the project management team, explain the scope of work and project locations, highlight the project phase, and provide the public with staff contact information for questions, discussion and input.

FISCAL IMPACT
The local matching component for the HSIP Cycle 11 Project for the Preliminary Engineering Design phase, and the additional amount needed to continue the Preliminary Engineering Design phase will cost $1,216,440, which is not included in the FY 2024-25 approved budget. Therefore, staff is requesting an appropriation of $1,216,440 as outlined in the table below:

Amount From (Account
String)
To (Account String) Funding
Source
$1,216,440 GL:
34301-2550-PWD-0
000
GL: 52100-2550-PWD-0020-P0000
PL: PWD01331AG
Measure R
Regional
Return Fund
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ENVIRONMENTAL REVIEW (CEQA/NEPA)
Not applicable.

CAMPAIGN DISCLOSURE
Not applicable.

ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: Do not approve the motion approving new programming and modifications to existing programming to the adopted Measure R Sub- Regional Program and do not approve the resolution of appropriation for HSIP Cycle 11 Grant Funds. Staff will need to look into other funds to complete the projects.

Alternative 2: The City Council may consider any other alternative not proposed by staff.

ADMINISTRATIVE ACTION
Submitted by:

Daniel Hernandez, Interim Director of Public Works
Prepared by:

Armen Avazian, P.E., Principal Civil Engineer
Pastor Casanova, T.E., Principal Traffic Engineer
Arek Harmandayan, T.E., Senior Traffic Engineer
Naira Ayrapetyan, Public Works Management Analyst
Approved by:

Roubik R. Golanian, P.E., City Manager

EXHIBITS/ATTACHMENTS
EXHIBIT 1: HSIP Cycle 11 Project – Vicinity Maps
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MOTION
Moved by Council Member ,
seconded by Council Member , that the Council of
the City of Glendale approves additional programming, modifications to existing programming, and funding changes to the adopted Measure R Sub-Regional Program as outlined in the Report to Council dated February 11, 2025.

Votes as follows:

Ayes:

Noes:

Absent:

Abstain:
___________________________
City Clerk

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CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Award of a new Professional Services Agreement (PSA) to Mark Thomas and Company, Inc. (Mark Thomas) and Appropriation of Measure R Funds for the North Verdugo Road Multimodal Improvements Project, and execution of an amendment to the existing PSA 8001984 with Mark Thomas for the San Fernando Road Beautification Phase II Project.
1) Motion authorizing the City Manager or a designee to enter into and execute a PSA with Mark Thomas, to provide Professional Engineering Services for the North Verdugo Road Multimodal Improvements Project in the amount of $1,572,625.
2) Motion authorizing the City Manager or a designee to execute a contract amendment to PSA 8001984 with Mark Thomas for the San Fernando Road Beautification project to perform additional traffic study, engineering and landscape design services, and public outreach regarding pedestrian safety and street improvements on San Fernando Road and adjacent streets, increasing the contract amount by $254,915, and extending the contract time by 24 months.
3) Resolution of Appropriation to appropriate $9,000,000 in Measure R Regional Return Funds for the North Verdugo Road Multimodal Improvements Project

COUNCIL ACTION
Item Type: Consent Calendar
Approved for February 11, 2025 calendar

EXECUTIVE SUMMARY
A PSA is required to hire a consultant to provide professional engineering services for the North Verdugo Road Multimodal Improvements Project, a critical Capital Improvement Program (CIP) project in the city. The consultant will complete the design plans, specifications, and estimates needed to advertise and award a construction contract, while providing as-needed bidding and construction support services for this project.
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Following a Request for Proposals (RFP) process, the consulting team of Mark Thomas, is recommended to perform the work for the North Verdugo Road Multimodal Improvements Project under a proposed PSA valued at $1,572,625.

The Public Works Department (PWD) successfully secured Measure R funds for the North Verdugo Road Multimodal Improvements project. As a result, a resolution of appropriation to appropriate these funds is required to initiate the project’s design phase. The scope of work includes multimodal improvements, signalized intersection upgrades, transit enhancements, and roadway improvements along Glendale Avenue between Monterey Road and Verdugo Road and North Verdugo Road between Glendale Avenue and Honolulu Avenue.

Additionally, the San Fernando Road Beautification Phase II Project is currently in the design phase with 30% of the design work completed. During the project development phase, additional pedestrian safety and street beautification improvements along San Fernando Road and adjacent streets were identified as part of the Local Road Safety Plan. These enhancements will require a traffic study, engineering and landscape design services, and public outreach beyond the original contract scope. The new services include an additional topographic survey and civil design of four curb extensions, landscape design along San Fernando Road, a traffic operational and parking utilization analysis at two major intersections, and a warrant analysis for a Pedestrian Hybrid Beacon (PHB) or Rectangular Rapid Flashing Beacon (RRFB) system. Therefore, the execution of a contract amendment to Mark Thomas’ existing PSA 8001984 is required to continue the design phase with the additional pedestrian safety and street beautification improvements described.

RECOMMENDATION
Approve the motion authorizing a PSA with Mark Thomas, to provide professional engineering services for the North Verdugo Road Multimodal Improvements Project in the amount of $1,572,625, plus a resolution of appropriation for $9,000,000 in Measure R Regional Return funding providing additional funding for this project. In addition, approve a motion executing a contract amendment to PSA 8001984 with Mark Thomas for the San Fernando Road Beautification Phase II project, increasing the contract amount by $254,915 and extending the contract duration by 24-months.

ANALYSIS
North Verdugo Road Multimodal Improvements Project.

PWD maintains a robust CIP that is guided by the latest version of multiple action plans accepted or adopted by the city, such as the Pavement Management Program (PMP), Pedestrian Plan, and Bicycle Transportation Plan (BTP).

The North Verdugo Road Multimodal Improvements Project is included in the upcoming CIP because it is a critical north-south corridor connecting several City of Glendale neighborhoods and communities to business districts and major freeways, including the I-210, SR-2, and SR-134 freeways. This corridor provides direct access to key destinations such as the Montrose Shopping Park, Glendale Community College, {{section.number}}b3
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Verdugo Woodlands Elementary School, Civic Auditorium, Glendale Sports Complex, Oakmont Country Club, Verdugo Park, Montrose Park, and Glorietta Park. Additionally, it serves as a vital link in the Metro Beeline bus transit network. The roadway is due for infrastructure upgrades, preventative maintenance, and rehabilitation.

The BTP also identifies North Verdugo Road as a bikeway priority area. In the 2024 Draft Proposed Bike Network, this corridor is designated for Class IV protected bike lanes. Additionally, the Glendale Citywide Pedestrian Plan lists North Verdugo Road as a medium-to-high pedestrian priority area, recommending improvements such as pedestrian lighting, wayfinding signage, traffic calming measures, landscape improvements, bikeway enhancements, curb extensions, and upgrades to the pedestrian bridge enhancements adjacent to Glendale Community College.

The project will enhance pedestrian and bicyclist safety through curb extensions, the addition of bikeways where feasible, high-visibility crosswalks, upgrades to the existing pedestrian overcrossing, and improved lighting features. It will also include pavement rehabilitation, replacement of damaged concrete surfaces such as driveways, sidewalks, curbs and gutters, and traffic signals modifications at multiple intersections.

Additional work will involve as-needed sewer and storm drain infrastructure repairs and upgrades, planting trees throughout the corridor for continuous shade, replacing non- ADA compliant curb ramps, and relocating bus stops to further improve multimodal transportation safety and circulation along Verdugo Road. A map showing the project location is attached in Exhibit 1.

As part of this project, a Traffic Corridor Study (TCS) will be conducted before preparing design plans to evaluate existing roadway conditions, including lane configurations, pedestrian infrastructure, and bikeway facilities. The study will recommend multiple design alternatives for community and city review, leading to a final decision before advancing to the construction document phase. The TCS will assess the feasibility of modifying turn and travel lanes, implementing new bicycle facilities, and installing raised medians. The TCS also includes conducting a level of service and vehicle miles traveled analyses and performing a parking utilization analysis.

To ensure the development of accurate design and construction documents, staff recommends hiring a professional engineering services firm. To secure the most qualified consultant, an RFP for Professional Engineering Services was issued on June 6, 2024. To encourage competitive proposals, the project was advertised on the city’s website and multiple plan-holder platforms, reaching a broad network of consultants, contractors, and construction industry professionals.

On July 25, 2024, the city received six proposals from the following consulting teams:

1. David Evans and Associates, Inc.

2. Infrastructure Engineers, a Bowman Company

3. Kimley-Horn and Associates, Inc.

4. Mark Thomas and Company, Inc.

5. NV5
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6. PSOMAS
An evaluation team from the PWD reviewed and ranked the proposals and further interviewed the proposer’s teams based on the following criteria: proposer’s experience, measurable and trackable results, quality of submittal, and best value.

Proposer Total Score (100 points max)
Mark Thomas and Company, Inc. 95 points
Kimley Horn and Associates 94 points
Infrastructure Engineers, a Bowman Company 77 points
PSOMAS 76 points
David Evans and Associates, Inc. 75 points
NV5 75 points
Based on the combination of written submittals and interview results, Mark Thomas team was ranked as the top firm for the North Verdugo Road Multimodal Improvements Project. Staff then held multiple negotiation sessions with the consultant, successfully reducing their proposed cost from $1,892,345 to $1,572,625, representing a 17 percent reduction.

Mark Thomas’ primary responsibilities will include pre-design development plans, design development plans, public outreach, and as-needed bidding and construction support assistance.

Mark Thomas has extensive recent experience on a variety of public works projects of similar scope and cost. They successfully delivered the design for the San Fernando Road Beautification Phase I Project, which earned the city the 2024 American Public Works Association BEST Project of the Year award. Additionally, Mark Thomas has completed similar projects for the cities of Los Angeles, Long Beach, Norwalk, Santa Ana, Ontario, and other municipalities in California. They have led numerous presentations to the City Council and Planning Commission and understand how to operate as an extension of city staff.

The construction cost for the project is estimated between $25 million and $28 million.

The typical range for professional engineering services for such projects is between 7 to 10 percent of the total construction cost. The consultant’s proposed cost of $1,572,625 falls within the acceptable industry standards.

The city is required to execute a Funding Agreement (FA) for each project funded by Measure R. The FA must be executed in the first year that funds are available and prior to starting any work on the project. The agreement includes a general description of the project, the specific work elements to be completed, and the source of all funds.

On January 15, 2023, a FA was executed between Los Angeles County Metropolitan Transportation Authority (LACMTA) and City of Glendale for the North Verdugo Road Multimodal Improvements Project. City staff secured Measure R funds in the amount of $9,000,000 for design, construction, and construction support of the project. {{section.number}}b5
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Upon appropriation of the funds and execution of the PSA, staff will begin working with Mark Thomas on the design phase of the project. After successful design completion as well as stakeholder engagement and approval, construction is expected to begin in 2027.

San Fernando Road Beautification Phase II Project
The San Fernando Road corridor is included in the upcoming CIP because the roadway is due for preventative maintenance and rehabilitation. The corridor is included in the Pedestrian Master Plan for pedestrian safety improvements.

The San Fernando Road Beautification Project received $5M funding from the Clean California Local Grant Program (CCLGP), which required timely utilization. To meet these requirements, the project was divided into two phases: Phase I, between Grandview Avenue and Elk Avenue which used these funds, and Phase II, between the City of Burbank limit at Spazier Avenue to Grandview Avenue.

Construction of Phase I was successfully completed in 2024. It included installing high- visibility crosswalks, median islands, bioretention areas, drywells, curb bulb-outs, ADA- compliant ramps, a southbound Class II bike lane, a northbound Class III bike route with enhanced sharrows (green-backed), roadway repaving, and other critical pedestrian safety and beautification features.

With the construction of Phase I completed, preparations for the plans and specifications for Phase II are underway. Phase II will feature similar enhancements, such as improved sidewalks for uninterrupted pedestrian access, upgraded bus stop shelters, ADA-compliant ramps, enhanced pedestrian safety measures, and comprehensive roadway improvements. A map showing the project location is attached in Exhibit 2.

On November 29, 2022, the City Council authorized the City Manager to execute a PSA with Mark Thomas to provide engineering services for the San Fernando Road Beautification Project in the amount of $1,471,898 and authorized a 10% reserve for contingency in the amount of $147,190.

As part of Mark Thomas’ contract, the original scope of work includes preparing pre- design development plans, design development plans, and providing as-needed bidding and construction support assistance.

During Phase II's design stage, additional pedestrian safety and street beautification improvements were identified, requiring further services from the consultant, including:

1. Topographic survey and civil design for additional curb extensions at:
oKellogg Avenue and Pelanconi Avenue
oBurchett Street and Pelanconi Avenue
oGrant Avenue and Omar Street
oAlma Street and Kellogg Street
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2. Landscape and Irrigation design to increase planting area on San Fernando Road parkways in both directions from Grandview Avenue to Spazier Avenue

3. Traffic operational and parking utilization analysis at the intersection of:
oWestern Avenue and San Fernando Road
oSonora Avenue and San Fernando Road

4. Warrant analysis for a Pedestrian Hybrid Beacon (PHB) or Rectangular Rapid Flashing Beacon (RRFB) at the intersection of San Fernando Road and Thompson Avenue.

5. Door to door canvassing outreach at 60% construction plan completion for items 1, 3 and 4 above.

Currently, the project is at 30% design completion. While substantial progress has been made, the incorporation of additional pedestrian safety measures and street beautification requires further design efforts. Incorporating these additional services into the project’s scope is essential to keep the project on schedule and within budget while addressing the community’s needs. This approach increases connectivity and improves pedestrian safety and street beautification in the project area.

Mark Thomas Approved Contract 8001984 $1,471,898
Amendment #1 $ 64,466
Amendment #2 $ 20,281
Amendment #3 $ 53,812
Additional Changes to the Contract $ 254,915
Total New Contract Amount $1,865,372
Approved Contract Contingency $ 147,190

STAKEHOLDERS/OUTREACH
North Verdugo Road Multimodal Improvements Project.

Active participation and feedback from stakeholders and the public are vital to the successful implementation of the North Verdugo Road Multimodal Improvements Project. PWD will conduct three online public surveys from project and city stakeholders. The first survey, distributed once the branding and project details are approved, will serve as a fact-finding tool to determine the community’s needs and desires for capital improvements and active transportation in the area. The data gathered, along with recommendations from relevant master plans, will be incorporated in the design phase and development of alternatives.
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An in-person community open house will then be held to provide the public an opportunity to learn about the project and share their thoughts on the proposed alternatives. Subsequently, the second survey will be distributed to gauge community preferences and rank the proposed alternatives. The final survey will be distributed after in-person door-to-door canvassing events to finalize the community’s input.

In addition, PWD will establish a Technical Advisory Committee (TAC) for plan review comprising of City Council representatives, city staff, members of the Transportation and Parking Commission, and local stakeholders. Independent meetings will also be held with Verdugo Woodlands Elementary and Glendale Community College to gather input on potential improvements to drop-off and pick-up zones along the corridor.

Furthermore, PWD has partnered with Glendale Community College (GCC) for the GCC Team Internship Program during the Spring 2025 semester. This program connects businesses or organizations with GCC students, who act as a consultant team for various complex endeavors. We expect that the students will bring fresh perspectives and innovative thinking for the project components such as mobility, accessibility, creative design, landscaping, and multimodal improvements. The outcome of this program will be presented to the PWD team at the end of the semester.

To further engage the community and raise awareness, the consultant will utilize various tools and activities, including developing a unique branding identity for the project, that will be used across all communications. A dedicated webpage will serve as a central hub for project information, featuring interactive maps, project timelines, and the project manager’s contact information. A StoryMap platform will provide a user- friendly way to explore project details and alternatives. Additionally, a fact sheet summarizing key project elements and contract information will be created. Door-to- door canvassing will be conducted to engage with residents and businesses directly, informing them about the project and encouraging participation in surveys and meetings. The city will also hold briefings with key stakeholders to provide them with an overview of the project and what will be discussed at the community meetings.

Furthermore, a series of Eblast campaigns will be deployed to distribute information and reminders about the project. Recognizing the diversity of the community, the PWD is committed to conducting outreach in multiple languages, including English, Armenian, and Spanish.

The proposed alternatives and the feedback from the outreach efforts will be presented to the Transportation and Parking Commission for a recommendation and subsequently to the City Council for final approval. Once the selected alternative is approved, the project will proceed with the preparation of final plans, specifications, and cost estimates.

In conclusion, this comprehensive outreach strategy aims to ensure inclusive and effective community engagement throughout the project, fostering a transparent and collaborative process for its successful execution.
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San Fernando Road Beautification Phase II Project.

Public outreach for this project will occur at approximately 60% construction plan completion. The added outreach service in the amendment will allow the consultant to perform door to door canvassing to the impacted business and residents, present the potential alternatives, and gather feedback.

A community meeting will be hosted in person and virtually at 90% construction plan completion and will inform the public of the project details, construction schedule, future city and contractor notifications, and the impacts of the construction work in their neighborhood. Participants will also have the opportunity to provide their comments and/or ask questions regarding the project.

Additionally, outreach on this project will continue to occur through dedicated websites for the projects that are hosted through the City of Glendale domain. The websites familiarize the public to the projects and to the project teams, explain the scope of work and project locations, project phases, upcoming outreach events, and provide the public with staff contact information for questions, discussion, and/or input.

FISCAL IMPACT
North Verdugo Road Beautification and Multimodal Improvements Project The overall design development phase for the North Verdugo Road Multimodal Improvements Project will cost $1,572,625, and the construction phase is expected to cost between $25M to $28M which was not included as a part of the FY2024-25 budget.

Therefore, staff is requesting for a total appropriation to cover the design phase and a portion of the construction phase of $9,000,000 from Local Grants – Measure R Regional Return Fund. The appropriation requests are outlined below:

Requesting Appropriation
Amount From (Account String) To (Account String) Funding Source $9,000,000 GL: 34301-2550-PWD-
000
GL: 52100-2550-PWD-
0020-P0000
PL: PWD01329AG
Measure R-
Regional Return
Fund
San Fernando Road Beautification Phase II Project.

The additional services for the San Fernando Road Beautification Phase II Project will cost $254,915, which was approved as a part of the FY 2024-25 budget. The City Council approved funding is outlined in the following table:

Existing Appropriation
Amount Account String Funding Source
$ 1,815,178 GL: 52100-4100-CDD-0020-P0000 San Fernando
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PL: PWD00937EN Corridor Tax Share
Fund

ENVIRONMENTAL REVIEW (CEQA/NEPA)
Not applicable.

CAMPAIGN DISCLOSURE
The names and business addresses of the members of the board of directors, the chairperson, CEO, COO, CFO, Subcontractors and any person or entity with more than 10 percent interest in the company submitted their proposals, recommended for contract, or amendment as part of this Agenda Item Report are attached in Exhibit 3-8, in accordance with the City Campaign Finance Ordinance No. 5744.

ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: Do not approve the motion authorizing a PSA for professional engineering design services for the North Verdugo Road Multimodal Improvements Project and the related resolution of appropriation, and do not authorize the contract amendment to the PSA 8001984 for additional engineering design services for the San Fernando Road Beautification Phase II Project. Doing so will prevent improvements to the roadway, bicycle and pedestrian safety infrastructure, traffic safety and circulation, and would result in the forfeiture of Measure R funds.

Alternative 2:The City Council may consider any other alternative not proposed by staff.

ADMINISTRATIVE ACTION
Submitted by:

Daniel Hernandez, Director of Public Works
Prepared by:

Armen Avazian, P.E., Principal Civil Engineer
Viktoriya Pakhanyan, P.E., Senior Civil Engineer
Huang Zheng, P.E., Civil Engineer II
Tatevik Barakazyan, P.E., Civil Engineer I
Approved by:

Roubik R. Golanian, P.E., City Manager

EXHIBITS/ATTACHMENTS
Exhibit 1: North Verdugo Road Multimodal Improvements Project Location Map Exhibit 2: San Fernando Road Beautification Phase II Project - Additional Scope {{section.number}}b10
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Location Map
Exhibit 3: Mark Thomas Campaign Disclosure Forms
Exhibit 4: David Evans and Associates, Inc. Campaign Disclosure Forms Exhibit 5: Bowman Campaign Disclosure Forms
Exhibit 6: Kimley-Horn and Associates, Inc. Campaign Disclosure Forms Exhibit 7: NV5 Campaign Disclosure Forms
Exhibit 8: PSOMAS Campaign Disclosure Forms
MOTION
Moved by Council Member ____________________________, seconded by Council Member ___________________________, that the Council of the City of Glendale hereby authorizes the City Manager, or his designee, to execute a professional services agreement – subject to approval by the City Attorney – with Mark Thomas and Company, Inc. for one million five hundred seventy-two thousand six hundred twenty-five dollars ($1,572,625) to provide Professional Engineering Services for the North Verdugo Road Multimodal Improvements Project.

Vote as follows:

Ayes:

Noes:

Absent:

Abstain:

City Clerk
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MOTION
Moved by Council Member ____________________________, seconded by Council Member ___________________________, that the Council of the City of Glendale authorizes the City Manager, or his designee, to execute an amendment – subject to approval by the City Attorney – to Contract No. 8001984 with Mark Thomas and Company, Inc. for additional services related to the San Fernando Road Beautification Phase II Project, as follows:

1. Increase the contract amount by two hundred twenty-seven thousand one hundred and Eight-one dollars ($254,915).

2. Increase the contract duration by 24-months.

Vote as follows:

Ayes:

Noes:

Absent:

Abstain:

City Clerk

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24-87077

CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Authorization of Amendments to the Professional Services Agreements (PSAs) for Professional Engineering Services for the South Verdugo Road Multimodal Improvements Project, and the Fiscal Year 2022-23 Pavement Management Program (PMP) Implementation Project
1) Motion authorizing the City Manager or a designee to execute a contract amendment to PSA 8002114 with Bowman Infrastructure Engineers (Bowman) for community outreach and additional design services regarding bicycle infrastructure, increasing the contract amount by $122,692, and extending the contract time by 12-months.
2) Motion authorizing the City Manager or a designee to execute a contract amendment to PSA 8002116 with NV5, Inc. (NV5) for additional design services regarding bicycle infrastructure, increasing the contract amount by $57,700, and extending the contract time by 12-months.
3) Resolution of Appropriation to appropriate funds for the Fiscal Year 2022-23 PMP Implementation Project.

COUNCIL ACTION
Item Type: Consent Item
Approved for February 11, 2025 calendar

EXECUTIVE SUMMARY
The South Verdugo Road Multimodal Improvements Project and Fiscal Year 2022-23 PMP Implementation Project, are currently in the design phase at 60% design completion.

In anticipation of the 2024 Glendale Bicycle Transportation Plan (BTP) currently under environmental review, additional work is required to perform traffic studies, engineering design, and conduct community outreach for the proposed bicycle infrastructure improvements that were not listed in the original scope of work for these contracts. These services include preparing a traffic corridor study (TCS) for the proposed bicycle improvements in the project area, conducting community outreach, and implementing design changes based on the community’s feedback and the City Council direction.

Execution of contract amendments for PSAs for these projects are required to continue the design phase and take into consideration potential bicycle infrastructure {{section.number}}c2
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improvements as proposed by the 2024 BTP. The proposed amendments include increasing the contract amount of PSA 8002114 with Bowman by $122,692 and extending the duration by 12 months for community outreach and additional design services regarding bicycle infrastructure and increasing the contract amount of PSA 8002116 with NV5 by $57,700 and extending the duration by 12 months for additional design services regarding bicycle infrastructure.

RECOMMENDATION
Approve the motions authorizing contract amendments to PSA 8002114 with Bowman, increasing the contract amount by $122,692, and to PSA 8002116 with NV5, increasing the contract by $57,700; extending both contract durations by 12-months, for professional engineering services related to bicycle infrastructure, plus a resolution of appropriation providing adequate funding for the Fiscal Year 2022-23 PMP Implementation Project.

ANALYSIS
South Verdugo Road Multimodal Improvements Project
On April 11, 2023, the City Council authorized the City Manager to execute a PSA with Bowman to provide professional engineering design services for the South Verdugo Road Multimodal Improvements Project in the amount of $408,344 and authorized a 10% reserve for contingencies in the amount of $40,800.

As part of Bowman’s PSA, the original scope of work includes preparing pre-design development plans, design development plans, conducting a TCS based on the City Council-approved 2012 BTP, and providing as-needed bidding and construction support assistance. The scope also includes a traffic study to develop roadway improvement alternatives, to implement bicycle infrastructure on South Verdugo Road between Colorado Boulevard and Plumas Street. Currently the project is at 60% design completion with proposed alternates developed to be presented to public for feedback.

As part of the pending 2024 BTP, additional streets within the project limits have been recommended for bicycle improvements, including Rockglen Avenue between South Verdugo Road and Lincoln Avenue, and Lincoln Avenue Between Colorado Boulevard and Rock Glen Avenue, which have been identified as potential Class III Bike Boulevard Routes. As a result, it is necessary to conduct a TCS to assess the feasibility of implementing Class III Bike Boulevards and associated traffic calming features such as traffic circles, chicanes, and traffic diverters to maintain low vehicle speeds and volumes.

Furthermore, in anticipation of the development of alternatives on South Verdugo Road to support potentially new bicycle infrastructure, such as protected or buffered bicycle lanes, staff requested the consultant to incorporate a robust outreach plan to engage the impacted community which was not included as part of their original scope of work. These efforts include hosting in-person and virtual community meetings, leveraging diverse outreach methods such as social media, e-blasts, surveys, and door-to-door polling, {{section.number}}c3
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utilizing multilingual medias in English, Armenian, and Spanish as further elaborated in the Stakeholder/Outreach section of this report.

The outreach effort is essential due to the potential changes in roadway conditions and the introduction of bicycle infrastructure on South Verdugo Road between Colorado Boulevard and Plumas Avenue, and adjacent streets. The community outreach campaign will allow staff to gather valuable feedback from stakeholders to include in the final design plans.

Bowman Approved PSA 8002114  $ 408,344
Proposed PSA Contract Amendment  $ 122,692
Total New PSA Amount   $ 531,036
Original Approved PSA Contingency  $ 40,800

Fiscal Year 2022-23 PMP Implementation Project
On April 11, 2023, the City Council authorized the City Manager to execute a PSA with NV5 to provide engineering design services for the Fiscal Year 2022-23 PMP Implementation Project in the amount of $368,500 and authorized a 10% reserve for contingencies in the amount of $36,850.

As part of NV5’s contract, the original scope of work includes preparing pre-design development plans, design development plans, and providing as-needed bidding and construction support assistance. The streets within the limits of the project are not identified in the 2012 Glendale BTP for bicycle improvements, with the exception of bicycle routes that do not warrant traffic studies.

As part of the pending 2024 BTP, several streets within the project limits have been recommended for bicycle improvements, including Columbus Avenue, Maple Street, and Louise Street, which have been identified as potential Class III Bike Boulevard Routes.

As a result, it is necessary to conduct a TCS to assess the feasibility of implementing Class III Bike Boulevards and associated traffic calming features such as traffic circles, chicanes, and traffic diverters to maintain low vehicle speeds and volumes.

NV5 Approved PSA 8002116   $ 368,500
Proposed PSA Contract Amendment $ 57,700
Total New PSA Amount   $ 426,200
Original Approved PSA Contingency  $ 36,850

Currently, these two projects are at 60% design completion. While significant progress has been made in advancing the design and incorporating critical components of the 2012 BTP, the introduction of additional design elements from the 2024 BTP requires new comprehensive TCS, design, and project outreach. Incorporating these additional services into the project scope is essential to keep the projects on schedule and within budget while aligning with the 2024 BTP and addressing the community’s needs. {{section.number}}c4
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STAKEHOLDERS/OUTREACH
South Verdugo Road Multimodal Improvements Project
This project is currently at 60% design completion with corridor alternates developed for South Verdugo Road. Due to the BTP proposed bicycle facility on this corridor to accommodate potential protected or buffered bicycle lanes, staff recommend undertaking an extensive outreach campaign. Therefore, after the execution of the contract amendment, community engagement efforts will be implemented to gather feedback on the project. The outreach campaign will use diverse methods during this phase such as, community open house events, social media outreach, e-blasts, project mailers, online public surveys, door-to-door surveying and polling, stakeholder briefings, and presentations. This approach on the project outreach aims to provide multiple opportunities for residents and stakeholders to share their insights and preferences on the project alternatives.

As part of this campaign, a dedicated project webpage will serve as a central hub of information. This webpage will feature project-specific branding materials, an ArcGIS StoryMap offering an intuitive interface with interactive maps, project details, and direct access to surveys and make all outreach publications available in English, Armenian, and Spanish. Key information posted on the project website will include a Fact Sheet summarizing the project’s critical elements such as proposed bicycle infrastructure alternatives, corridor maps, timelines, and project contact information. Additionally, the surveys designed to capture community input will be posted on the project dedicated website.

After completing the project outreach and gathering feedback on the bicycle infrastructure alternatives for South Verdugo Road, staff will present the alternatives and supporting data to the Traffic and Parking Commission, followed by the City Council, for a final recommendation.

Fiscal Year 2022-23 PMP Implementation Project
Since this project does not require lane repurposing on any of the project locations, public outreach for this project will occur at approximately 90% design plan completion. The community meeting will be hosted in person and virtual and will inform the public of the project details, construction schedule, future city and contractor notifications, and the impacts of the construction work in their neighborhood. Participants will also have the opportunity to provide their comments and/or ask questions regarding the project.

FISCAL IMPACT
South Verdugo Road Multimodal Improvements Project
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The additional design and community outreach services from Bowman for the South Verdugo Road Multimodal Improvements Project will cost $122,692 which as approved as a part of the FY 2024-25 budget. No new appropriation is being requested at this time.

The City Council approved funding is outlined below:

Existing Appropriation

Amount Account String Funding Source
$122,692 GL: 52100-2550-PWD-0020-P0000
PL: PWD00380BG
Measure R Regional Return
Fund

Fiscal Year 2022-23 PMP Implementation Project
The additional design services from NV5 for the Fiscal Year 2022-23 PMP Implementation Project will cost $57,700, which was not included as a part of the FY 2024-25 budget. Therefore, staff is requesting for an appropriation of $57,700 from the General Fund. The appropriation request is outlined below:

Requesting Appropriation

Amount From (Account
String)
To (Account String) Funding Source
$57,700
GL:
24219-4020-PWD-000
0-
GL:
52100-4020-PWD-002
0-P0000
PL: PWD00576AN
Gas Tax Fund

ENVIRONMENTAL REVIEW (CEQA/NEPA)
These projects are categorically exempt from environmental review because of CEQA Guidelines §§ 15301.

CAMPAIGN DISCLOSURE
The names and business addresses of the members of the board of directors, the chairperson, CEO, CFO, Subcontractors and any person or entity with more than 10 percent interest in the company proposed for contract in this Agenda Item Report are attached in Exhibit 3 and 4, in accordance with the City Campaign Finance Ordinance No. 5744.

ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: Do not authorize contract amendments to PSA 8002114 with Bowman for additional design and community outreach services and PSA 8002116 with NV5 for additional design services, and do not approve the related resolution of appropriation. This would exclude the engineering and public outreach related work as proposed by the 2024 BTP from these projects.

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Alternative 2: The City Council may consider any other alternative not proposed by staff.

ADMINISTRATIVE ACTION
Submitted by:

Daniel Hernandez, Director of Public Works
Prepared by:

Armen Avazian, P.E., Principal Civil Engineer
Viktoriya Pakhanyan, P.E., Senior Civil Engineer
Rustom Tavitian, P.E., Civil Engineer II
Approved by:

Roubik R. Golanian, P.E., City Manager

EXHIBITS/ATTACHMENTS
Exhibit 1: South Verdugo Road Multimodal Improvement Project Location Map Exhibit 2: Fiscal Year 2022-23 PMP Implementation Project Location Map Exhibit 3: Bowman Campaign Disclosure Forms
Exhibit 4: NV5 Campaign Disclosure Forms
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MOTION
Moved by Council Member , seconded
by Council Member , that the Council of the City of
Glendale authorizes the City Manager, or his designee, to execute an amendment – subject to approval by the City Attorney – to Professional Services Agreement (PSA) 8002114 with Bowman Infrastructure Engineers for community outreach and additional design services regarding bicycle infrastructure related to the South Verdugo Road Multimodal Improvements Project, as follows:

1. Increase the PSA amount by one hundred twenty-two thousand six hundred ninety- two dollars ($122,692).

2. Extend the PSA duration by twelve (12) months.

Votes as follows:

Ayes:

Noes:

Absent:

Abstain:
______________________
City Clerk
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MOTION
Moved by Council Member , seconded
by Council Member , that the Council of the City of
Glendale authorizes the City Manager, or his designee, to execute an amendment – subject to approval by the City Attorney – to Professional Services Agreement (PSA) 8002116 with NV5, Inc. for additional design services regarding bicycle infrastructure related to the Fiscal Year 2022-23 Pavement Management Program Implementation Project, as follows:

1. Increase the PSA amount by fifty-seven thousand seven hundred dollars ($57,700).

2. Extend the PSA duration by twelve (12) months.

Votes as follows:

Ayes:

Noes:

Absent:

Abstain:
______________________
City Clerk

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CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Tow Contractor Request for Proposals and restructuring of tow districts.

1.Resolution Adopting the Police Department’s Request for Proposals for Official Police Towing Services (OPTS), Decreasing the Number of Districts and Authorizing the City Clerk to Advertise for Proposals

COUNCIL ACTION
Item Type: Action Item
Approved for February 18, 2025 calendar

EXECUTIVE SUMMARY
The City of Glendale contracts with independent tow companies to provide official tow and storage services as directed by the Police Department. In 2015, the City issued a Request for Proposal (RFP) for tow and storage services and on August 1, 2016, entered into contracts with three tow companies to provide services in three districts. The contracts were for five years with an option for two, two year extensions. The current contracts expire on July 31, 2025.

In anticipation of the expiration of the contracts, the City seeks to release a RFP for Official Police Tow Services for two tow districts.
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RECOMMENDATION
Adopt the Police Department’s Request for Proposals for Official Police Towing Services, decrease the number of districts and authorize the City Clerk to advertise for proposals.

ANALYSIS
An Official Police Tow Services (OPTS) provider for the City of Glendale is required to respond to calls for service from the Police Department to facilitate the efficient removal of vehicles. These calls for service generally consist of the following:
• Roadside assistance or tow services for disabled motorists; • Removal of inoperative vehicles involved in traffic accidents; • Removal of vehicles or other objects creating traffic hazards; • The impound of abandoned vehicles;
• The impound of vehicles as criminal evidence;
• Assisting disabled police or City vehicles; and
• Impound of vehicles whose owners have failed to pay multiple outstanding parking citations as prescribed by state and local law.

The primary objectives of the OPTS providers are to ensure public safety by the expeditious removal of vehicles impeding the roadway, to support the Police Department, and to serve the community.

The Police Department has jurisdiction for all traffic related events, incidents, accidents and enforcement in the City of Glendale; exclusive of traffic accidents on the freeways which fall under the jurisdiction of the California Highway Patrol. The Police Department Parking and Police Services Bureau is responsible for overseeing and handling all tow related services in the City and the management of the tow contracts.

A typical police-related tow requires the Police Department to respond with a patrol car, police motorcycle, or parking enforcement vehicle and evaluate the situation and call for an OPTS provider. The officer then prepares documentation and, in the case of impounds, inventories the car and its contents. Officers must stand by and await the arrival of the OPTS providers. Once the tow arrives, the car is taken to a designated location for storage. That storage area must be convenient and accessible to police personnel and the public and in proximity to the area covered. The owner (or person responsible) of any vehicle that has been towed at the request of the Police Department, is entitled to a Tow Review Hearing conducted by the Police Department.

This hearing is conducted by the Traffic Bureau officers to determine the facts, the lawfulness, and appropriateness of the tow. The Parking and Police Services Bureau is responsible for investigating claims related to tows, citizen complaints regarding tows, OPTS providers or their drivers, and the inspection of OPTS providers’ facilities and equipment.
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PROPOSED REQUEST FOR PROPOSAL (RFP)
Staff recommends that the Council adopt a competitive procedure for selecting OPTS Providers, as outlined in Exhibit 1: Request for Proposal. The recommended competitive process will allow tow vendors to submit a proposal to the City which will be evaluated for financial viability, potential conflicts of interest, demonstrated performance, equipment inventory, location of facilities, and ability to provide service to the City. Proposals will be reviewed and scored by a review committee designated by the Chief of Police. The review committee will score each proposal, using the following categories and points:

Categories:
(1) Service Requirements: 25
(2) Qualifications of Personnel & Management: 20
(3) Facility & Equipment Requirements: 25
(4) Prior Experience: 15
(5) References: 5
(6) Financial Viability: 10
Maximum Total Points: 100
After scoring the proposals, the review committee will conduct site visits and interview the responsive applicants. The committee will then deliver their written recommendation to the Chief of Police for his consideration. The Chief of Police will prepare a report to the City Council with a recommendation(s) regarding the most qualified Proposer(s) for approval to enter into an agreement(s).

Tow vendors will be able to apply for one or two districts but can only be awarded a contract to provide service to one area.

The City of Glendale is currently divided into three tow districts, with tow services being provided by Gay’s Towing (District 1), Mid- Valley Tow (District 2), and Crescenta Valley Towing (District 3) (See current district map, Exhibit 2). While this structure was originally implemented to balance service needs, data analysis of tow volumes for 2024 has revealed that a two-district structure will be more equitable and efficient.

Glendale Municipal Code section 10.55.050 provides that the city may enlarge, reduce, or redraw a district’s boundaries or increase or decrease the number of districts. The two-district map will have Brand Boulevard as the dividing line. District 1 will include everything west of Brand Boulevard and District 2 will include everything east of Brand Boulevard.

Two districts will result in a more equitable distribution of tows and will simplify operations for department staff by eliminating the need to reference maps to determine where a district begins or ends. It will also avoid potential disputes or complications regarding which tow company should have been called for a specific location, fostering greater clarity. Staff also considered implementing a system whereby OPTS providers 4{{section.number}}d
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would be assigned tows throughout the city on a rotational basis. This system was determined to not be feasible because the process would be time-consuming and more prone to errors and inconsistencies. Additionally, implementing a software program to manage the rotations would be costly and unjustified, given the relatively low number of tows our agency handles annually.

STAKEHOLDERS/OUTREACH
The current and potential tow operators will be advised of the forthcoming RFP by email.

FISCAL IMPACT
At this time, the issuance of the RFP will not have a significant financial impact on the Police Department. However, the Police Department expends a substantial amount of time and multiple resources facilitating and regulating tow services in the City. This includes time at the scene of the incident, report writing and processing, release process time, complaint mitigations, and tow hearings and appeals.

The City currently collects a Vehicle Towing Administrative Cost Recovery fee per vehicle in the amount of $300 from each contractor as allowed under GMC 10.55.090.

During calendar year 2024, the Police Department towed 1284 vehicles subject to the VTACR fee. The amount collected in any fiscal year will continue to be dependent upon the number of vehicles released to vehicle owners.

ENVIRONMENTAL REVIEW (CEQA/NEPA)
This activity involves the use of existing City streets for purposes of towing vehicles under the City’s police powers and is therefore exempt from CEQA under CEQA Guidelines section 15301.

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: The City Council may elect not to authorize the Police Department to move forward with the RFP. If that occurs, the City will either have to extend the current contracts or not have official tow contractors after July 31, 2025.

Alternative 2: The City Council may consider any other alternative not proposed by staff.

ADMINISTRATIVE ACTION
Submitted by:

Manuel Cid, Police Chief
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Prepared by:

Tina Hartoonian, Parking and Police Services Administrator Approved by:

Roubik R. Golanian, P.E., City Manager

EXHIBITS/ATTACHMENTS
Exhibit 1 – Request for Proposal (RFP)
Exhibit 2 – Current Tow District Map
RESOLUTION NO. ______

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

ADOPTING THE POLICE DEPARTMENT'S REQUEST FOR PROPOSALS FOR OFFICIAL

POLICE TOWING SERVICES, DECREASING THE NUMBER OF DISTRICTS AND

AUTHORIZING THE CITY CLERK TO ADVERTISE FOR PROPOSALS
WHEREAS, the Request for Proposals for Official Police Tow Services ("RFP") as presented to Council on February 18, 2025, contains: 1) performance requirements and standards, including eligibility, facility location, equipment, maximum rates and services; and 2) criteria for evaluating proposals and the process for selecting the most qualified proposers; and WHEREAS, the RFP covers towing and storing situations, such as those ordered or requested by the City's Police Department officers and employees who are duly authorized by law to remove, impound or store motor vehicles in cases where an owner or operator is arrested, detained, incapacitated or physically unable to drive the vehicle, where a vehicle is involved in an accident or incident and is blocking traffic, or when an owner or operator fails to designate or express a preference for a particular towing company; WHEREAS, in 2004 the City enacted Glendale Municipal Code Section 10.55 relating to Official Police Tow Services;
WHEREAS, Section 10.55.050 A provided for three tow “Districts”; WHEREAS, Section 10.55.050 B provided that upon 30 days’ notice to official tow service providers, city could enlarge, reduce or redraw a district’s boundaries or increase or decrease the number of districts;
WHEREAS, the Police Department has examined the current three (3) districts and the number of tows assigned to each of the three (3) current tow providers; and WHEREAS, the Police Department determined that decreasing the number of districts from three (3) to two (2) will allow for timely responses and will result in an equitable division of tows among the selected OPTS providers.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA THAT:

SECTION 1.The Council finds, determines and declares that:

1. Motor vehicles that are damaged, inoperative, abandoned, stole, recovered, illegally parked, evidence of a crime or left by persons arrested and that remain on the city's streets, right-of-ways or property:

A. Restrict the free flow of traffic along the street and create a traffic hazard; B. Impede, hinder, obstruct or delay the city's emergency service providers (including Police, Fire, and Paramedics) or the city's essential services providers (including Integrated Waste Management, and Glendale Water and Power) from not only expeditiously and safely traveling to their intended destination, but also performing their vital functions; and
C. Constitute a safety hazard, a public nuisance or at times, a public emergency, on congested city streets, thereby impacting or effecting the property, public safety and welfare of the city's residents and visitors alike.

2. When these vehicles- whether damaged, inoperative, abandoned, stolen, recovered, illegally parked, evidence of a crime, or left by persons arrested- remain on the city's streets, right-of-ways or property, or when they impede or block vehicular traffic, the city, through its Police Department, is obligated to make arrangements for the vehicle's removal from the road and to place it in safe-keeping in a secure storage lot.

3. Because the city does not provide or perform its own vehicle towing or storage services, the city needs the services of one or more privately-owned towing companies to assist the Police Department in carrying out its obligation to:

A. Effectively enforce parking and traffic laws;
B. Promptly tow vehicles that are inoperative, involved in a collision or recovered after having been stolen; and
C. Expeditiously remove and safely store vehicles that are impounded or held for investigation, examination or evidence.

4. The criteria, requirements and standards in the RFP:

A. Are designed only to procure towing and storage services that the Police Department itself needs;
B. Are not intended to regulate, or otherwise effect, the relationship between towing companies and the general public;
C. Ensure that the Police Department carries out its duties and responsibilities of providing public assistance;
D. Set minimum performance standards to ensure quality service for the Police Department;
E. Provide the Police Department with dependable, safe, expeditious towing and secure storage;
F. Contribute to the efficient administration of the Police Department's towing obligations; and
G. Create a fair and an impartial means for evaluating and selecting Official Police Tow Services.

5. The RFP's requirement that an Official Police Tow Service provider must locate its vehicle storage lot, business office and tow truck facility within Glendale, or within one half mile (½) mile outside of the city's limits, among other things, fairly balances the city's interest and need to:

A. Minimize the impact upon:

(1) Police operations- by reducing the out-of-jurisdiction time that officers, detectives, crime scene investigators or lab technicians spend driving to a distant storage lot for vehicle inspection and other purposes, and consequently, lessening police presence within Glendale and adversely affecting police response time within the community; and
(2) Vehicle owners- by ensuring that owners, whose towed and stored vehicle may be their sole means of getting to work or around, do not experience the hardship of having to travel to distant storage yards outside of the city to retrieve their vehicle, and accordingly, safely retrieving their vehicle in a shorter time period.

B. Encourage competition for the Police Department's tow contracts by allowing towing firms located outside of Glendale to submit a Proposal.

6. The one-half mile (½) mile distance outside of the City's limits minimizes the impact upon police operations while at the same time affording towing companies, who are interested in submitting a Proposal, a broad expansion of potential Official Police Tow Service facility sites surrounding the city's 36-mile border.

7. Decreasing the number of districts from three (3) to two (2) will allow for timely responses and will result in an equitable division of tows among the selected OPTS providers.

SECTION 2. The Request for Proposals for Official Police Tow Services as presented to the Council on February 18, 2025, its specifications, and the various documents incorporated in it, to provide towing, storage, and other services for the Police Department, are approved and adopted.

SECTION 3. Pursuant to Glendale Municipal Code section 10.55.050(B)(2), the number of tow districts shall be decreased from three (3) to two (2) districts effective August 1, 2025.

SECTION 4. By this Resolution, the City Clerk shall advertise for proposals.

SECTION 5. In accordance with the RFP's selection procedures, the Chief of Police shall prepare a report to the City Council with recommendations regarding the most qualified Proposers for its deliberation and its decision on awarding the Official Police Tow Services contracts.

SECTION 6. This Resolution takes effect immediately upon its adoption.

APPROVED and ADOPTED this _______ day of ________________, 2025. _________________________________
Mayor
ATTEST:
_______________________________
City Clerk

STATE OF CALIFORNIA )
) SS

COUNTY OF LOS ANGELES )
I, Suzie Abajian, PhD, Clerk of the City of Glendale, certify that the foregoing Resolution No. ________________ was adopted by the Council of the City of Glendale, California, at a regular meeting held on the _______ day of ____________________, 2025, and that same was adopted by the following vote:

Ayes:

Noes:

Absent:

Abstain:
________________________________
City Clerk

REQUEST FOR PROPOSALS
FOR

OFFICIAL POLICE TOW SERVICES
City of Glendale
Police Department
Issuance Date:

February 18, 2025
i

CITY OF GLENDALE

POLICE DEPARTMENT

REQUEST FOR PROPOSALS
FOR

OFFICIAL POLICE TOW SERVICES
February 18, 2025

TABLE OF CONTENTS

1. SCHEDULE 1

2. INTRODUCTION 2
Description of Districts 3
Map of Districts 5

3. BACKGROUND 6

4. SCOPE OF SERVICES; GENERAL DUTIES 7

4.1 Towing and Storage 7

4.2 OPTS Provider’s Compensation; City’s VTACR Fee 8

4.3 Facilities 9

4.4 Operating Equipment 11

4.5 Trained Personnel 13

5. ADDITIONAL REQUIREMENTS AND CONDITIONS 14

5.1 Evidence of Financial Responsibility 14

5.2 Compliance with Laws; Subletting; Ownership in other Businesses 14

5.3 Public Liability and Property Damage Insurance 15

5.4 Workers’ Compensation Insurance 21

5.5 OPTS Provider’s Failure to Obtain, Pay for, or Maintain Insurance 22

5.6 Indemnification 22

5.7 Independent Contractor Status 26

6. INTERPRETATION OR CORRECTION OF RFP 27

7. ADDENDA 28

8. USING THE ATTACHED PROPOSAL FORMS 28

9. PROPOSAL SECURITY 31

10. SUBMISSION OF PROPOSALS 32

10.1 Submittals 32
ii

TABLE OF CONTENTS
(continued)

10.2 Proposal Deadline 33

11. DISPOSITION OF PROPOSALS 33

12. COMMUNICATION WITH, AND GIFT OR GRATUITIES TO, THE CITY AND OTHERS PROHIBITED 33

13. WITHDRAWAL, CANCELLATION, OR MODIFICATION OF A PROPOSAL 34

14. OPENING OF PROPOSALS 35

15. INITIAL REVIEW OF PROPOSALS; SELECTION PROCESS AND CRITERIA 35

15.1 Overview 35

15.2 Responsive Proposal 36

15.3 Responsible Proposer 37

16. AWARD OF CONTRACT 41

17. FORFEITURE OF PROPOSAL SECURITY 43

18. CITY’S RESERVATION OF RIGHTS 43

19. LETTER OF OBJECTION; PROCEDURES 44

20. HOLIDAY, WEEKEND, CITY CLOSED - EXTENSION TO NEXT BUSINESS DAY 44

21. CAMPAIGN CONTRIBUTIONS 44
EXHIBIT A: DRAFT VEHICLE TOWING AND STORAGE AGREEMENT EX-A:1-91 EXHIBIT B: SCHEDULE OF RATES AND CHARGES FOR THE CITY EX-B:1-5 OF GLENDALE’S OFFICIAL POLICE TOW SERVICES
EXHIBIT C: CHAPTER 10.55 OF GLENDALE MUNICIPAL CODE EX-C:1-8

OFFICIAL POLICE TOW SERVICES
EXHIBIT D: CITYWIDE FEE SCHEDULE – VTACR FEE EX-D:1
EXHIBIT E: DISTRICT MAP EX-F:1
PROPOSAL FORM PF:1-46
1 CITY OF GLENDALE

POLICE DEPARTMENT

REQUEST FOR PROPOSALS
FOR

OFFICIAL POLICE TOW SERVICES
February 18, 2025

1. SCHEDULE

1.1 Below is the anticipated schedule for selecting Proposers and awarding contracts:

Proposal Phase Date
City issues and advertises Request for Proposals February 19, 2025 Deadline for submitting written questions,
requests for clarification, or letter of objection March 05, 2025 Pre-proposal meeting March 13, 2025
Deadline for submitting Proposals March 24, 2025
Opening of Proposals March 25, 2025
Site inspections April 14-16, 2025
Oral interviews April 21-24, 2025
Staff report containing
recommendation to the Chief of Police May 08, 2025
Chief of Police’s report containing
recommendation May 13, 2025
City Council selects successful Proposer(s) June 03, 2025 Police Department mails Notice of Intent
to Award OPTS Contract June 05, 2025
Deadline for delivering to City
signed contract and insurance July 03, 2025
Contract effective date August 1, 2025
2 1.2 A representative from the City of Glendale’s Police Department will hold a pre- proposal meeting on March 13, 2025 from 10:00 a.m. - 11:00 a.m. at:

Glendale Police Department
Community Room
l31 North Isabel Street
Glendale, CA 91206

1.3 The pre-proposal meeting’s purpose is to answer prospective Proposer’s questions and to provide any additional information about the scope of the work, the Request for Proposals, and the Contract. The Police Department encourages all towing firms interested in submitting a Proposal to attend this meeting.

1.4 All questions and answers will be documented and later mailed, at the earliest possible date, to all Proposers attending the conference and any other known, prospective Proposers. Questions that cannot be answered during the conference will be included in the mailing.

2. INTRODUCTION

2.1 On behalf of its Police Department, the City of Glendale (“the City”) is inviting written Proposals from qualified, private contractors, who have a minimum of three (3) years of actual operating experience as municipal tow providers, to provide vehicle towing and storage operations as ordered or requested by City’s Police Department or other employees who are authorized by law to remove, impound, or store vehicles, to be known as Official Police Tow Services (“OPTS”).

2.2 The City of Glendale requires well-managed and financially sound firms with demonstrated experience and technical ability; qualified and trained personnel; secure and well-maintained facilities; updated and reliable equipment; and high levels of customer service and satisfaction to fulfill the requirements outlined in this Request for Proposals (“RFP”).

2.3 The City is seeking two (2) firms to operate independently within two (2) areas of the City. These areas, or “Districts,” which are depicted in the map entitled, “GPD Tow District Proposal” attached hereto as Exhibit “E” and set forth on page 5 below.
3 DISTRICT 1
Everything west of Brand Boulevard
DISTRICT 2
Everything east of Brand Boulevard
4 5

2.4 Because some Districts have unique characteristics or locations, a Proposer (also known as “OPTS Provider” in this RFP) should visit and examine the Districts before submitting a Proposal.

2.5 While the OPTS Provider provides its work, services, and operations (collectively, “services”) to the City, the City reserves the right to: enlarge, reduce, or otherwise change a District’s boundaries; or increase or decrease the number of Districts; or both.

2.6 Although a Proposer may submit a Proposal for more than one District, THE CITY WILL AWARD ONLY ONE (1) TOWING DISTRICT TO ANY
SUCCESSFUL PROPOSER. A Proposer who submits a Proposal for more than one District must mark the appropriate boxes on page PF:1 of the attached “Proposal Forms” (PF:1 to PF:46).

2.7 Although this RFP provides an overview of the scope of services and the OPTS Provider’s duties, the proposed “Vehicle Towing and Storage Agreement” (“the Contract”) describes in detail the full terms, conditions, requirements, specifications, and minimum performance standards for an OPTS Provider.

The City has attached the proposed Contract as Exhibit “A” to this RFP. The City fully incorporates the Contract into this RFP and makes the Contract a part of the RFP. Therefore, before submitting a Proposal, the Proposer must read the proposed Contract. In addition, on page PF:1 of the accompanying Proposal Forms, a Proposer must certify that the Proposer has read, examined, and is fully familiar with not only the RFP, but also the Contract.

3. BACKGROUND

3.1 The City of Glendale is located six miles northeast of downtown Los Angeles in the foothills of the San Gabriel Mountains. With a residential population of approximately 197,000, Glendale is the fourth largest city in Los Angeles County.

Glendale prides itself on being a diverse community with many cultures, which contribute to the high quality of life and fiscal stability. Encompassing 30.6 square miles, Glendale’s diverse business community includes retail, service, financial institutions, and the rapidly expanding entertainment industry. Two large regional shopping malls and numerous high-rise office buildings as well as commercial- residential mixed use buildings highlight the downtown area.

3.2 Glendale has 368.5 miles of paved roadway and 67.2 miles of arterial highway.

Four freeways traverse Glendale, two of which are interstate highways.

3.3 Glendale is a full-service city of more than 1,500 employees with 14 major departments, including its own utilities and services (electric, water, sewer, and integrated waste collection), Police, and Fire Departments. The City has a City 6 Manager form of government, with five elected Council members, in addition to an elected City Clerk and elected City Treasurer. The Council appoints various boards and commissions.

4. SCOPE OF SERVICES; GENERAL DUTIES

4.1 Towing and Storage

4.1.1 The OPTS Provider’s primary duty will be responding, on a first priority basis, to requests for towing services initiated by the City’s police officers and parking enforcement personnel. The OPTS Provider must also respond to towing requests from other City employees who are duly authorized to remove vehicles for storage, or investigation, or both.

4.1.2 Typical towing situations will include but will not be limited to: removing illegally parked vehicles, towing inoperative vehicles as a result of traffic accidents and mechanical breakdowns, and impounding vehicles for investigation, evidence, or a violation of the law. The OPTS Provider must provide towing and storage services all hours of a day, every day of the year.

4.1.3 The OPTS Provider must maintain adequate personnel, equipment, and facilities at all times to perform the required towing services, within the time frame(s) outlined in the Contract.

4.1.4 While the OPTS Provider has custody of vehicles, the OPTS Provider will be responsible for their safekeeping, including their contents, until they have been released to the owner or owner’s agent, or disposed of in the manner the law permits.

4.1.5 Until the OPTS Provider receives the Police Department’s written authorization, the OPTS Provider must not allow access to anyone or release a vehicle to an owner or the owner’s agent when the Police Department is:
(A) Holding that vehicle for investigation, examination, or evidence, or requesting its special handling or protection (collectively, “police hold vehicles”); or
(B) Impounding that vehicle for unpaid parking citations, lack of current registration, or a violation of the law.

4.1.6 To prevent damage to police hold vehicles or spoliation of any evidence in or upon those vehicles, such as fingerprints or stains, the OPTS Provider must store police hold vehicles in a secure area protected against the elements, sources of contamination, and entry by unauthorized persons. 7 The OPTS Provider must make the secure storage area available for periods up to 72 hours.

4.1.7 The OPTS Provider’s rates, charges, and fees for towing, storing, or performing other services under the Contract must not exceed the rates, charges, and fees set forth in the “Schedule of Rates and Charges for the City of Glendale’s Official Police Tow Services,” which is attached as Exhibit “B” and is fully incorporated as part of this RFP.

4.2 OPTS Provider’s Compensation; City’s VTACR Fee

4.2.1 Except as the Contract or the law provides, an OPTS Provider will not receive any monetary compensation from the City for providing towing or storage services. The OPTS Provider’s compensation will come solely from its collecting towing and storage fees from the vehicle’s owner or the owner’s agent, as more fully described in the Contract. In place of compensation and in exchange for the Proposer’s services, the City will give the selected Proposer the special privilege and exclusive right of:
(A) Identifying itself as one of the City’s “Official Police Tow Services”.
(B) Operating within a designated District;
(C) Receiving the Police Department’s calls for service; and (D) Furnishing the public with non-consensual vehicle towing and storage services.

4.2.2 An OPTS Provider must pay the City a fee of $300.00 for each vehicle that the OPTS Provider tows. The fee, known as the Vehicle Towing Administrative Cost Recovery Fee, or “VTACR Fee,” covers the City’s actual and reasonable costs for running a towing program on the public’s behalf and for administering the OPTS Providers’ contracts. Glendale Municipal Code Chapter 10.55 (attached to this RFP as Exhibit “C”), page 97 of the Citywide Fee Schedule for FY 2024-25 (attached to this RFP as Exhibit “D”), more fully describe: the VTACR Fee’s payment, the payment due dates, the interest rate for a late or missed payment, record retention requirements for the VTACR Fee’s calculation and payment, audit provisions, and the penalty charge for an underpayment. The City fully incorporates these documents into this RFP and makes them a part of the RFP.
8 Before submitting a Proposal, the Proposer must read the proposed Contract, the Municipal Code, the Schedule of Rates and Charges for Official Police Tow Services last amended April 29, 2024 for more information about the VTACR Fee and its
requirements.

Any questions or updates regarding the Citywide Fee Schedule may be directed to the Finance Department at (818) 548-2085.

The Citywide Fee Schedule is also available on the City’s website at:
https://www.glendaleca.gov/government/departments/finance/revenue/citywide-fee- schedule.

4.3 Facilities

4.3.1 At its expense, a Proposer must acquire and maintain the following facilities upon which the Proposer will operate its towing and storage business:

4.3.2 Primary Storage Lot and Business Office: An OPTS Provider must operate and maintain a primary storage lot and a business office on the same site. The primary storage lot:
(A) Must accommodate:
(1) Police hold vehicles;
(2) Vehicles with an appraised value of four-thousand dollars ($4,000.00) or more; and
(3) A vehicle’s equipment, cargo, or contents with an appraised value of five-hundred dollars ($500.00) or more; and
(B) Must be at least five thousand (5,000) square feet of accessible and usable space for storing and releasing vehicles covered under the Contract.

4.3.3 Secondary Storage Lot: An OPTS Provider must operate and maintain a separate secondary storage lot which:
(A) Must accommodate:
(1) Vehicles with an appraised value of less than four-thousand dollars ($4,000.00); and
(2) A vehicle’s equipment, cargo, or contents with an appraised value of less than five-hundred dollars ($500.00); and
(B) Must be at least five thousand (5,000) square feet of accessible and usable space for storing and releasing vehicles covered under the 9 Contract.

4.3.4 Instead of maintaining a separate 5,000 square foot primary storage lot and a separate 5,000 square foot secondary storage lot, the OPTS Provider may locate and operate the secondary lot on the same site as the primary lot, if:
(A) The primary lot that has ten thousand (10,000) square feet or more of accessible and usable space for storing and releasing vehicles; and (B) The area set aside for the secondary lot conforms to the security requirements and other standards for a primary lot.

4.3.5 Disposal Lot: An OPTS Provider may operate and maintain a separate disposal lot for storing discarded and junked vehicles. Alternatively, an OPTS Provider may operate or maintain the disposal lot on the same site as the business office and primary storage lot, or the secondary storage lot.

4.3.6 The OPTS Provider must locate its business office, primary storage lot, secondary storage lot, and disposal lot within:
(A) The City of Glendale in an IND, IMU, or IMU-R zone. Exhibit “E” to this RFP is a map that shows Glendale’s IND, IMU, and IMU-R areas.

This map is illustrative only. An official map is on file with the City’s Community Development Department, Planning Division. Before purchasing or leasing a site to operate a business office, primary storage lot, secondary storage lot, or disposal lot, an OPTS Provider should verify with the Community Development Department whether:
(1) the proposed site is within one of the three zones, and (2) a Conditional Use Permit (“CUP”) is a prerequisite; or
(B) One half mile outside of the City of Glendale’s incorporated limits.

4.3.7 An OPTS Provider’s business office, storage lots, and disposal lot must:
(A) Completely meet the Contract’s facilities requirements and specifications; and
(B) Conform to the requirements of the City’s Municipal Code, Building & Safety Code, and Zoning Code when located within Glendale.

4.3.8 At its expense, an OPTS Provider must:
(A) Install landscaping and screening (e.g., decorative walls) at its storage and disposal lots, when located within Glendale; and (B) Maintain its business office and storage lots in good repair; in a safe, sanitary, neat, and clean condition; and free of weeds, debris, and litter.
10 4.3.9 An OPTS Provider whose business office, primary or secondary storage lots, or disposal lot, is located in (or borders) a residential or other noise sensitive areas must ensure that its noise is controlled and is kept to a bare minimum, so that telephones, radios, amplified sound systems, tow trucks, vehicles, machinery, equipment, and facility operations:
(A) Are not unreasonably loud, disruptive, or a nuisance; and (B) Do not unreasonably interfere with the comfort, peace, quiet, or repose of the surrounding areas’ inhabitants or businesses.

4.3.10 When a Proposer submits its Proposal, if the Proposer does not have a business office and primary storage lot, or secondary storage lot, or both, as previously described in this RFP, the Proposer, if awarded the Contract, will have one-hundred-eighty (180) calendar days from the date that the Proposer signs and delivers the Contract, within which to obtain the facilities and begin operations there. The Proposer must submit proof, satisfactory to the City, of having obtained the required facilities.

4.3.11 A Proposer’s failure to obtain, and begin operations at, the business office and primary storage lot, or secondary storage lot, or both, within the one- hundred-eighty (180) day period will not only automatically disqualify the Proposer under this RFP, but also constitute a default and a material breach of the Contract. At its discretion, the City may then: reopen the proposal process; choose from among the remaining, if any, qualified proposers; reissue the RFP; negotiate directly with any firm for towing and storage services; or choose not to contract for services.

4.4 Operating Equipment

4.4.1 At its expense, a Proposer must have the following equipment that conforms to the California Highway Patrol’s Classification (“CHP Class”) for the gross vehicle weight rating (“GVWR”) of a truck chassis2:
2 GVWR (Lbs.) CHP Class
Minimum 14,000 A
Minimum 33,000 B
Minimum 52,000 C
Minimum 54,000 D
11 (A) A minimum of one (1) flatbed car carrier (Class A or Class B); plus
(B) A minimum of four (4) light-medium duty tow trucks, consisting of:
(1) At least One (1) Light Duty (Class A); plus
(2) At least One (1) Medium Duty (Class B); plus
(3) Two (2) additional tow trucks, whether (Class A), or (Class B), or both; plus
(C) At least one (1):
(1) Heavy Duty (Class C); or
(2) Super Heavy Duty (Class D); plus
(D) Two-way radio communication equipment in all of the above vehicles.

4.4.2 The OPTS Provider’s tow trucks and flatbed car carrier (collectively, “tow units”) must meet the Contract’s equipment requirements and specifications.

4.4.3 The tow units must have a manufacturer’s date of:
(A) January 1, 2005, or later for (Class A) and (Class B); and (B) January 1, 2000, or later for (Class C) and (Class D).

4.4.4 When a Proposer submits its Proposal, if the Proposer does not have the minimum number of tow units described in Paragraph 4.4.1, the Proposer, if awarded the Contract, will have one-hundred-eighty (180) calendar days from the date that the Proposer signs and delivers the Contract, within which to obtain, operate, and place the tow units into service. The Proposer must submit proof, satisfactory to the City, of having obtained the required number of tow units.

4.4.5 A Proposer must not use or substitute one or more flatbed car carriers in place of the minimum number of Class A and Class B tow trucks.

4.4.6 If a Proposer does not have the minimum number of Class C tow units, or Class D tow trucks, or both, and if the Proposer has obtained written authorization from the Chief of Police or a designee, the Proposer may use 12 the services of a subcontractor (another company or firm) who has those tow trucks. However, a Proposer must: (1) identify the subcontractor and its tow trucks which the Proposer intends to use for Heavy Duty/Super Heavy Duty tows, and (2) the subcontractor must agree in writing to accept, perform, and comply with the Contract’s terms, conditions, requirements, and minimum performance standards when it provides Heavy Duty/Super Heavy Duty towing service.

4.4.7 A Proposer’s failure to obtain and place in service the required number of tow units within the one-hundred-eighty (180) day period will not only automatically disqualify the Proposer under this RFP, but may constitute a default and a material breach of the Contract. At its discretion, the City may then: reopen the proposal process; choose from among the remaining, if any, qualified proposers; reissue the RFP; negotiate directly with any firm for towing and storage services; or choose not to contract for services.

4.4.8 All vehicles that contractor operates shall be in compliance with all laws.

4.5 Trained Personnel

4.5.1 At its expense, the Proposer must have a sufficient number of properly licensed, trained, and qualified employees to perform the services described in the Contract.

4.5.2 When a Proposer submits its Proposal, if the Proposer does not have enough employees, or properly trained and qualified employees, or both, the Proposer, if awarded the Contract, will have one-hundred-eighty (180) calendar days from the date that the Proposer signs and delivers the Contract, within which to hire, train, and place the employees into service.

The Proposer must submit proof, satisfactory to the City, of having obtained properly skilled, licensed, and trained personnel.

4.5.3 The OPTS Provider must meet the Contract’s employee licensing, training, testing, and certification requirements.

4.5.4 During the proposal evaluation process, one or more investigators from the Police Department may conduct a thorough background investigation of each employee of a Proposer. The background check may include, but is not limited to: criminal convictions, credit history, and civil liens and judgments. If the City conducts a background check, each employee of a Proposer must submit fingerprints and the Proposer must pay the City’s costs of fingerprinting the Proposer’s employees, or investigating them, or both. If any employee of the Proposer has one or more of the criminal convictions that are listed in Paragraphs 11.7 and 11.9 of the Contract, or that in the City’s opinion may: (1) disqualify the employee from operating a vehicle under California or federal law, (2) impede, hinder, frustrate, delay, or affect the Contract’s performance, or (3) increase the 13 City’s liability, risk, or exposure, the City will give written notice to the Proposer, advising the Proposer of the employee’s ineligibility. Although the Proposer may retain the disqualified employee, the Proposer must not use or dispatch that employee for a service that the Proposer provides to the City under the RFP and the Contract.

4.5.5 A Proposer’s failure to obtain and place in service skilled, licensed, eligible, and properly trained personnel within the one-hundred-eighty (180) day period will not only automatically disqualify the Proposer under this RFP, but may constitute a default and a material breach of the Contract.

At its discretion, the City may then: reopen the proposal process; choose from among the remaining, if any, qualified proposers; reissue the RFP; negotiate directly with any firm for towing and storage services; or choose not to contract for services.

5. ADDITIONAL REQUIREMENTS AND CONDITIONS
In addition to the qualifications described in the prior pages of this RFP, the Proposer must fulfill the following conditions and requirements:

5.1 Evidence of Financial Responsibility

5.1.1 As part of the City’s evaluation of a Proposal, the City will take into account whether the Proposer has sufficient financial resources to perform the services described in this RFP and the Contract. Each Proposer must attach the following financial information:
(A) Audited or reviewed financial statements, or compilations, prepared by a Certified Public Accountant, for calendar years 2019, 2020, 2021, 2022, 2023; and
(B) A letter of reference from a bank or other financial institution.

5.2 Compliance with Laws; Subletting; Ownership in other Businesses

5.2.1 Within one-hundred-eighty (180) calendar days after the Proposer signs and delivers the Contract, the Proposer must submit proof to the Chief of Police or a designee that the Proposer has complied with all applicable Glendale Municipal Codes, including but not limited to Zoning and Building & Safety Codes (e.g., furnish a copy of a City issued conditional use permit(s), variance(s), permit(s), “certificate of use and occupancy”, “business registration certificate”).

5.2.2 The Proposer must comply with all applicable (federal, state, county, and City) laws, rules, regulations, procedures, and orders. 14 5.2.3 The Proposer must comply with all applicable federal and state employment and hiring laws, such as Affirmative Action, Equal Employment Opportunity, and other nondiscriminatory practices. The City may require the selected Proposer to furnish a copy of its employment and hiring practices and procedures.

5.2.4 Except as this RFP and the Contract allows, the Proposer must not use, rent, hire, or employ a subcontractor, or another OPTS Provider, their equipment, their personnel, or their facilities in order to perform the services described in this RFP and the Contract.

5.2.5 Unless an OPTS Provider obtains the Chief of Police’s or a designee’s prior written authorization, the OPTS Provider must not have any ownership or financial interest in another City of Glendale OPTS firm, any automobile dismantling or wrecking yard, automobile body or repair shop, used car business, or any other automobile-related business, other than an automobile towing and storage business.

5.3 Public Liability and Property Damage Insurance

5.3.1 At its own expense, an OPTS Provider must obtain, pay for, and maintain during the Contract’s term “occurrence” insurance policies, listed below, to fully protect the OPTS Provider and the City from claims and suits for bodily injury, personal and advertising injury, property damage, and medical payments. Each policy below must add the City of Glendale, and its officers, agents, employees, and representatives (collectively, “its representatives”) as additional insureds:
(A) COMMERCIAL GENERAL LIABILITY, covering the following exposures:
(1) Contractual Liability;
(2) Premises and Operations;
(3) Broad Form Property Damage;
(4) Explosion, Collapse and Underground;
(5) Products-Completed Operations;
(6) Independent Contractors; and
(7) Personal and Advertising Injury; and
15 (B) BUSINESS AUTOMOBILE LIABILITY for all vehicles, whether rented, leased, hired, scheduled, owned or non-owned, with an endorsement covering the following exposures:
(1) GARAGEKEEPERS LEGAL LIABILITY, protecting:
(a) A vehicle from loss or damage while the vehicle is in the OPTS Provider’s care, custody, or control; and
(b) A vehicle with collision coverage and “all risks”
(comprehensive) coverage;
(2) ON-HOOK LIABILITY, protecting a vehicle from loss or damage while the OPTS Provider tows or transports the
vehicle;
(3) CARGO LIABILITY, protecting:
(a) A vehicle from loss or damage while the OPTS
Provider transports the vehicle on a flatbed or other
carrier; and
(b) A vehicle’s contents or cargo from loss or damage
while the OPTS Provider tows, transports, or stores
the vehicle;
(4) UNINSURED MOTORIST - BODILY INJURY, protecting
a vehicle’s owner or operator from bodily injury while as a passenger in the OPTS Provider’s tow unit; and
(5) POLLUTION LIABILITY, protecting against a vehicle’s sudden and non-sudden pollution release while the OPTS
Provider tows, transports, or stores the vehicle.

5.3.2 An OPTS Provider must maintain the insurance described in Paragraph

5.3.1 in the following amounts:
(A) COMMERCIAL GENERAL LIABILITY INSURANCE in an
amount not less than:
(1) $1,000,000 per occurrence for bodily injury (including accidental death) to any one person;
(2) $1,000,000 per occurrence for personal and advertising injury to any one person;
16 (3) $1,000,000 per occurrence for property damage; and (4) $1,000,000 general aggregate limit;
(B) BUSINESS AUTOMOBILE LIABILITY INSURANCE in an
amount not less than:
(1) $1,000,000 per occurrence for bodily injury (including accidental death) to any one person; and
(2) $1,000,000 per occurrence for property damage; or
(3) $1,000,000 combined single limit (CSL);
(C) GARAGEKEEPERS LEGAL LIABILITY INSURANCE in an
amount not less than $250,000 for each location from which the OPTS Provider furnishes services under this RFP and the Contract; (D) ON-HOOK INSURANCE in an amount not less than:

TOW TRUCK OR MINIMUM
FLATBED CARRIER: LIMIT PER
VEHICLE:
(1) CLASS A $100,000
(2) CLASS B $100,000
(3) CLASS C $250,000
(4) CLASS D $250,000;
(E) CARGO INSURANCE in an amount not less than $100,000 per vehicle;
(F) UNINSURED MOTORIST - BODILY INJURY INSURANCE in
an amount not less than $60,000 each accident; and
(G) POLLUTION LIABILITY INSURANCE in an amount not less than $250,000 each occurrence.

5.3.3 With the City’s written approval, an OPTS Provider may obtain “Garage Coverage Form” liability insurance, with a “Broadened Coverage - Garages” endorsement, as a substitute for a Commercial General Liability policy, or a Business Automobile Liability policy, or both, if the “Garage Coverage Form” policy meets or exceeds:
(A) The coverages and limits described in Paragraphs 5.3.1 and 5.3.2; and
17 (B) All other requirements and conditions for insurance described in this RFP and the Contract.

5.3.4 At all times, the insurance company issuing the policy must be an “admitted” insurer in the State of California; must be domiciled within, and organized under the laws of, a state of the United States; and must carry an A.M. Best & Company minimum rating of “A:VII.”

5.3.5 Despite any conflicting provision in the OPTS Provider’s insurance policy to the contrary:
(A) The OPTS Provider’s insurance must cover all acts, errors, or omissions of the City and its representatives;
(B) The OPTS Provider’s insurance is primary;
(C) Other insurance (whether primary, excess, contingent, self- insurance, or any other basis) available to the City, or its representatives, or both, is excess over the OPTS Provider’s insurance;
(D) The City’s insurance, or self-insurance, or both, is non- contributory;
(E) The OPTS Provider’s insurance company waives any right of recovery that the company may have against the City, or its representatives, or both;
(F) The OPTS Provider’s insurance policy applies separately to each insured or additional insured, who is seeking coverage, or against whom a claim is made or a suit is brought, except that the naming of multiple insureds will not increase the insurance company’s limits of liability;
(G) The OPTS Provider’s insurance policy applies to a claim or a suit brought by an additional insured against a Named Insured or another insured, arising out of bodily injury, personal injury, advertising injury, or property damage;
(H) The OPTS Provider’s insurance company must give the City written notice at least thirty (30) days in advance of the policy’s cancellation, termination, or reduction of coverage; and (I) The City is not liable for a premium payment or another expense under the OPTS Provider’s insurance policy.
18 5.3.6 With the signed Contract, the OPTS Provider must deliver to the City a “certificate of insurance” and an “additional insured endorsement” (collectively, “evidence of liability coverage”), both documents countersigned by the insurance carrier or its authorized representative, on forms satisfactory to the City Attorney or the City’s Risk Manager, which set forth this RFP’s and the Contract’s insurance provisions.

5.3.7 The countersigned certificate, along with the additional insured endorsement, must state: “The City of Glendale, and its officers, agents, employees, and representatives are added as additional insureds under the policy(s). This insurance is primary. The City’s insurance or self- insurance is non-contributory. The insurance afforded under the policy(s) applies separately to each insured against whom a claim is made or a suit is brought.

The issuing company shall mail thirty (30) days advance notice to the City for the policy’s cancellation, termination, or reduction of coverage.”

5.3.8 Any deductibles or self-insured retentions are subject to the City’s review and approval. The insurance company or its authorized representative must state either on the insurance certificate or in a separate correspondence:
(A) The amount of any deductible, or self-insured retention, or both; (B) Whether any limit of insurance has been lowered by any pending or paid claim; and
(C) The current limit amount, as lowered by the paid or pending claim.

5.3.9 While the Contract is in effect, the City may do any one or more of the following:
(A) Review insurance coverage requirements;
(B) Require that the OPTS Provider:
(1) Obtain, pay for, and maintain more or less insurance depending on the City’s assessment of any one or more of the following factors:
(a) The City’s risk of liability or exposure arising out of, or in any way connected with, the OPTS Provider’s
services under the Contract;
(b) The nature or number of accidents, claims, or
lawsuits arising out of, or in any way connected with,
the OPTS Provider’s services under the
19 Contract; or
(c) The availability, or affordability, or both, of
increased liability insurance coverage;
(2) Reduce or eliminate a deductible or self-insured retention as it applies to the City; or
(3) Obtain, pay for, and maintain a bond (as a replacement for an insurance coverage) from a California corporate surety, guaranteeing payment to the City for liability, or costs, or both, that the City incurs during the City’s investigation, administration, or defense of a claim or a suit arising out of the Contract.

5.3.10 Twenty-one (21) days before the insurance policy’s expiration, cancellation, termination, or non-renewal, the OPTS Provider must deliver to the City evidence of liability coverage as proof that the OPTS Provider’s insurance has been renewed or replaced with another insurance policy which, while the Contract is in effect, meets all of the insurance requirements of this RFP and the Contract. At any time, upon the City’s request, the OPTS Provider must furnish the City with a complete copy of the OPTS Provider’s insurance policy or policies for the City’s review and approval.

5.3.11 If the OPTS Provider employs, hires, or uses a subcontractor, whom the City has approved of and authorized in writing, to perform Heavy Duty or Super Heavy Duty towing services under this RFP and the Contract, the OPTS Provider must ensure that the subcontractor:
(A) Meets, and fully complies with, all of the insurance requirements in this RFP and the Contract;
(B) Delivers to the City evidence of liability coverage for the City’s review and approval; and
(C) Furnishes the City, at any time upon its request, with a complete copy of the subcontractor’s insurance policy or policies for the City’s review and approval.

5.3.12 This RFP’s and the Contract’s insurance provisions:
(A) Are separate and independent from the indemnification and defense provisions in the Contract and Section 5.6 of this RFP; and (B) Do not limit, in any way, the applicability, scope, or obligations of this RFP’s and the Contract’s indemnification and defense 20 provisions.

5.4 Workers’ Compensation Insurance

5.4.1 For the purpose of workers’ compensation liability, the OPTS Provider acknowledges that all persons furnishing services to the City under the Contract are employees solely of the OPTS Provider and not of the City.

The OPTS Provider is solely responsible and liable for:
(A) Furnishing workers’ compensation benefits to its personnel, or anyone the OPTS Provider directly or indirectly hires, employs, or uses; and
(B) Injuries arising out of, or connected with, the work, services, or operations performed on the OPTS Provider’s behalf.

5.4.2 At its own expense, the OPTS Provider must obtain, pay for, and maintain for the duration of the Contract, complete workers’ compensation insurance, meeting or exceeding the coverages and amounts that California law requires. With the signed Contract, the OPTS Provider must deliver to the City either an insurance certificate or a certificate of consent to self-insure (“evidence of workers’ compensation coverage”).

5.4.3 The OPTS Provider’s workers’ compensation insurance company must give the City written notice at least thirty (30) days in advance of the policy’s expiration, cancellation, or termination, or non-renewal.

5.4.4 Twenty-one (21) days before the expiration, cancellation, termination, revocation, or non-renewal of the insurance policy or certificate of consent to self-insure, the OPTS Provider must deliver to the City evidence of workers’ compensation coverage as proof that the OPTS Provider is complying with the workers’ compensation insurance requirements of this RFP and the Contract. At any time, upon the City’s request, the OPTS Provider must furnish the City with a complete copy of the OPTS Provider’s insurance policy or policies for the City’s review, or approval, or both.

5.4.5 The City of Glendale will not be liable to the OPTS Provider’s personnel, or anyone the OPTS Provider directly or indirectly hires, employs, or uses, for any claims at law or in equity caused by the OPTS Provider’s failure to comply with the workers’ compensation insurance requirements of this RFP and the Contract.
21 5.5 OPTS Provider’s Failure to Obtain, Pay For, or Maintain Insurance

5.5.1 The OPTS Provider’s failure to comply with an insurance provision in this RFP or the Contract constitutes a default and a material breach upon which the City may immediately terminate or suspend the Contract, or invoke another remedy that the Contract or the law allows. If the City terminates or suspends the Contract, the City may use the services of another City of Glendale OPTS, or any other towing and storage firm, without the City’s incurring any liability to the defaulting OPTS Provider.

5.5.2 In the interest of maintaining essential public safety services, and at its sole discretion, the City may obtain or renew the OPTS Provider’s insurance, and the City may pay all or part of the premiums. Upon demand, the OPTS Provider must repay and reimburse the City for all sums or monies that the City paid to obtain, renew, or reinstate the OPTS Provider’s insurance. The City may offset the cost of the premium against any sums or monies that the City may owe the OPTS Provider.

5.6 Indemnification

5.6.1 To the fullest extent that the law permits, the OPTS Provider must indemnify, defend, and hold harmless the City and its Police Department — including, each one’s officers, agents, employees, and representatives (individually and collectively, “the City Indemnitee”)— from and against any and all:
(A) Liability, claims, suits, actions, proceedings (including arbitration, mediation, administrative, regulatory), judgments, liens, injuries, losses, accidents, or damages (collectively, “Liability”), whether the Liability is:
(1) In contract or in tort;
(2) Imposed by law in the absence of a contract or agreement; (3) Such that the OPTS Provider would have in the absence of a contract or agreement;
(4) For bodily injury (including accidental death), personal and advertising injury, or property damage;
(5) Actual, alleged, or threatened;
(6) False, fraudulent, or groundless; and
(B) Fees, costs, sums, or expenses of any kind (collectively, 22 “Expenses”) including, but not limited to:
(1) Attorneys’ fees;
(2) Defense costs, litigation costs, court costs, appeal costs; (3) Arbitration, mediation, administrative, or regulatory proceeding costs;
(4) Accountant, expert witness, or another professional’s fees; (5) Pre- or post-judgment or settlement interest;
(C) Liability, or Expenses, or both, caused by, or arising out of, or in any way related to, or in any way connected with— whether in whole or in part— any one or more of the following:
(1) The Contract;
(2) An act, error, or omission of:
(a) The OPTS Provider, its officers, agents, employees, or representatives;
(b) A subcontractor, person, firm, or entity whom the
OPTS Provider directly or indirectly hires, employs,
or uses to provide or perform services— including
Heavy Duty or Super Heavy Duty towing— under
this RFP and the Contract; or
(c) The City Indemnitee (regardless of whether the City Indemnitee’s act, error, omission, conduct, or
misconduct was willful or negligent, either actively,
passively, vicariously, or not at all);
(3) The OPTS Provider’s work, services, or operations
(whether ongoing or completed) under the Contract;
(4) The OPTS Provider’s performance or nonperformance of the Contract;
(5) The OPTS Provider’s premises, facilities, personnel, tow units, vehicles, or equipment;
(6) The Contract’s conditions and requirements concerning the employment eligibility or ineligibility status of the OPTS 23 Provider’s personnel or a subcontractor’s employees; (7) The OPTS Provider’s paying or withholding, or failing to pay or to withhold, wages, salaries, benefits, Social Security, Medicare, retirement, exactions, entitlements, emoluments, taxes, and any other expenses of any nature whatsoever; (8) The OPTS Provider’s complying, or failing to comply, with a (federal, state, county, or City) law, rule, regulation, procedure, or order;
(9) The City’s enforcing this indemnification and defense provision; and
(D) Liability, or Expenses, or both, regardless of whether they may occur, or may be discovered, before or after the Contract’s termination, cancellation, or expiration.

5.6.2 Under the Contract and this RFP, the OPTS Provider assumes Liability and Expenses arising out of the Contract. Without affecting the City’s rights under any provision of the Contract or this RFP, the OPTS Provider will not indemnify, defend, and hold harmless the City Indemnitee, as set forth in Paragraph 5.6.1, for Liability and Expenses attributable to the sole fault of the City Indemnitee, if the parties agree in writing, or if a court of competent jurisdiction issues written findings, determining that the City Indemnitee was solely at fault. This exception applies only in instances where the City Indemnitee is shown to have been solely at fault.

5.6.3 However, in instances where the OPTS Provider is solely or partially at fault, or in instances where the City Indemnitee’s fault accounts for only a percentage of the liability involved, the OPTS Provider’s obligations under the Contract and Section 5.6 of this RFP are all-inclusive and the OPTS Provider must indemnify, defend, and hold harmless the City Indemnitee for all Liability and Expenses, even though a percentage of Liability or fault is attributable to the City Indemnitee’s act, error, omission, conduct, or misconduct. The OPTS Provider acknowledges that its obligation under the Contract and Section 5.6 of this RFP extends to Liability or fault attributable to the City Indemnitee, if that Liability or fault is less than the sole Liability or sole fault of the City Indemnitee.

5.6.4 Under this Section’s indemnification and defense provisions:
(A) An entry of judgment against the City Indemnitee conclusively establishes:
24 (1) The OPTS Provider’s obligation to pay the judgment, or Expenses, or both; and
(2) That the amount of the judgment, or Expenses, or both, is correct and reasonable;
(B) The OPTS Provider must not condition its obligation to indemnify, defend, or hold harmless the City Indemnitee on:
(1) The City Indemnitee’s having to first pay an injured party or a judgment; or
(2) The extent of insurance available to, or provided by, the OPTS Provider; and
(C) Workers’ compensation laws do not limit the OPTS Provider’s obligation to indemnify, defend, and hold harmless the City Indemnitee. The OPTS Provider expressly waives its statutory immunity under those laws as to the City Indemnitee.

5.6.5 The OPTS Provider must pay, compensate, and reimburse the injured party or parties, and the City Indemnitee:
(A) As Liability, or Expenses, or both, are incurred;
(B) Immediately upon any settlement or compromise of Liability, or Expenses, or both; or
(C) Immediately upon any entry of judgment.

5.6.6 The OPTS Provider must obtain executed indemnity agreements, with provisions identical to those set forth in the Contract and Section 5.6 of this RFP, from a subcontractor, person, firm or entity whom Contractor directly or indirectly hires, employs, or uses to provide or perform services— including Heavy Duty or Super Heavy Duty towing— under this RFP and the Contract. Regardless of whether the OPTS Provider obtains the written indemnity obligation from a subcontractor as this RFP and the Contract require here, the OPTS Provider remains fully liable to the City Indemnitee for all Liability, or Expenses, or both, according to terms under the Contract and Section 5.6 of this RFP.

5.6.7 The OPTS Provider and the City intend not only that the City Indemnitee must be completely protected from and against all Liability and Expenses, but also that each provision in the Contract and Section 5.6 of this RFP must be interpreted and construed under the law to provide the fullest protection possible to the City Indemnitee. Accordingly, the OPTS Provider acknowledges that the City would have neither selected the 25 OPTS Provider from its Proposal, nor entered into the Contract in the absence of the OPTS Provider’s commitment to indemnify, defend, and hold harmless the City Indemnitee under the Contract and Section 5.6 of this RFP.

5.6.8 This RFP’s and the Contract’s indemnification and defense provisions:
(A) Are separate and independent from the insurance provisions in the Contract and Section 5.3 of this RFP; and
(B) Do not limit, in any way, the applicability, scope, or obligations of this RFP’s and the Contract’s insurance provisions.

5.6.9 The OPTS Provider’s failure to comply with the indemnity provisions of the Contract and Section 5.6 of this RFP constitutes a default and a material breach upon which the City may immediately terminate or suspend the Contract, or invoke another remedy that the Contract or the law allows.

5.7 Independent Contractor Status

5.7.1 This RFP and the Contract are not intended, and must not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association between the City and the OPTS Provider. The OPTS Provider understands that in performing its services under the RFP and the Contract, the OPTS Provider is, and will be, an independent contractor. The OPTS Provider acknowledges that the OPTS Provider and its employees, subcontractors, and anyone whom the OPTS Provider directly or indirectly hires, employs, or uses are not employees or agents of the City under any circumstance.

5.7.2 The OPTS Provider has, and will retain, the right to exercise full control over the employment, direction, compensation, and discharge of all persons whom the OPTS Provider uses in performing the services under the Contract. The OPTS Provider must provide the required services in its own manner and method, except as this RFP and the Contract specify.

The OPTS Provider must treat any provision in this RFP or the Contract that may appear either to give the City the right to direct the OPTS Provider as to the details of doing the work, or to exercise a measure of control over the work, as giving the OPTS Provider direction only as to the work’s end result.

5.7.3 The OPTS Provider will have sole responsibility for:
(A) Paying its personnel’s salaries, disability, unemployment, workers’ compensation, and any other expenses or benefits connected with this Agreement; and
26 (B) Making all necessary payroll deductions for insurance, Social Security, Medicare, income taxes, and other applicable withholdings or taxes.

5.7.4 The OPTS Provider and its employees, agents, subcontractors, and anyone whom the OPTS Provider directly or indirectly hires, employs, or uses are not entitled to receive from City any benefits or rights that City affords to its employees, including, but not limited to: overtime, compensation time, sick leave, vacation leave, or holiday pay; California Public Employees Retirement System benefits, Social Security, or retirement savings; Medicare or insurance, including health, life, dental, long or short term disability, or workers’ compensation.

6. INTERPRETATION OR CORRECTION OF RFP

6.1 Before submitting its Proposal, the Proposer must carefully study and compare the components of this RFP and the Contract, must examine the areas comprising the tow District, and must observe the conditions under which the Proposer will perform the services.

6.2 If the Proposer has any question about this RFP, the Contract, or the scope of work, or if the Proposer finds any error, inconsistency, or ambiguity in the RFP, or the Contract, or both, the Proposer must make a written “Request for Clarification” before submitting its Proposal. The Proposer must submit a Request for Clarification to:

6.3 The City must receive written inquiries on or before 4:00 p.m., March 05, 2025.

The Request for Clarification may be mailed, hand delivered, or delivered by courier or package delivery service. A firm mailing its Request for Clarification should allow sufficient delivery time to ensure that the City receives it on time.

6.4 If necessary, the City will make clarifications, interpretations, corrections, or changes to the RFP, or the Contract, or both, in writing by issuing Addenda, as described in Section 7 of this RFP. A Proposer must not rely upon, and the City is not bound by, purported clarifications, interpretations, corrections, or changes to the RFP and the Contract, that are made verbally or in a manner other than a written advisory from the City.

Glendale Police Department Parking and Police Services Bureau ATTN: Parking and Police Services Administrator and
Ann Maurer, Chief Assistant City Attorney
131 North Isabel Street
Glendale, CA 91206-4382
[email protected] and [email protected]
27 7. ADDENDA

7.1 The City will issue Addenda in writing only. The City will make reasonable efforts to deliver Addenda to all Proposers whom the City knows have received a complete set of the RFP and have provided a street address for receipt of Addenda. The City cannot guarantee that all Proposers will receive all Addenda.

7.2 Proposers may also inspect the Addenda at the Glendale Police Department’s Parking Bureau, during its business hours, Monday - Friday, 7:00 a.m. - 4:00 p.m.

This RFP is also on file there.

7.3 At any time before the “Proposal Deadline” (Paragraph 10.2.1 of this RFP), the City may issue Addenda withdrawing the RFP or postponing the Proposal Deadline. However, if any Addenda results in a material change to this RFP, or the Contract, or both, the City will extend the Proposal Deadline by not less than seventy-two (72) hours.

8. USING THE ATTACHED PROPOSAL FORMS

8.1 “Proposal Forms” (PF:1 to PF:46) are attached to this RFP. A Proposer who is applying for more than one District must mark the appropriate boxes on PF:1. PF:1 must be included with all Proposals. The Proposer must fill in the blanks on the Proposal Forms using Word or a PDF form filler.

8.2 The Proposer must respond to the Proposal Forms’ questions with all applicable information, in order for the City to consider the Proposal as “responsive.” If a Proposer fails to provide the information that the form requires, fails to return all of the forms/required documents, or fails to submit the required attachments, the City may treat the Proposal as “non-responsive.

8.3 The Proposer must place initials next to all interlineations, alterations, and erasures on the Proposal Forms/Responsive Proposal.

8.4 The Proposer must not modify or qualify the Proposal Form in any manner.

Unauthorized conditions, exemptions, limitations, or provisions attached to a Proposal will render it informal and may cause its rejection.

8.5 With the Proposal, each Proposer must submit the following attachments:

8.5.1 Photographs of the business office, customer waiting area, storage area for police hold vehicles, primary and secondary storage lots, and disposal lots (See: PF:19);
28 8.5.2 Photographs of tow trucks and flatbed carriers (See: PF:20 - PF:21);

8.5.3 Employees’ resumes (See: PF:22 - PF:26);

8.5.4 Audited or reviewed financial statements, or compilations (See:

PF:29);

8.5.5 Bank’s reference letter (See: PF:29); and

8.5.6 Insurance certificate (See: PF:40).

8.6 Using the supplied Proposal Forms (PF:1 to PF:4), the Proposer must certify that:

8.6.1 Proposer has read, examined, and is fully familiar with all of: (1) the RFP’s provisions, (2) the Contract’s terms, conditions, requirements, specifications, and minimum performance standards, and (3) any Addenda issued during the proposal period (collectively, “the Documents”);

8.6.2 Proposer has carefully checked all words, figures, and statements made in the Documents;

8.6.3 Proposer is satisfied that the Documents are accurate;

8.6.4 Proposer understands and accepts all of the Documents’ provisions;

8.6.5 Proposer has examined the area comprising the tow District for which the Proposal is submitted, and Proposer is fully familiar with all conditions and matters that may affect, in any way, Proposer’s services or costs;

8.6.6 Proposer has fully considered all other matters that may affect, in any way, Proposer’s services or costs;

8.6.7 Proposer offers to fully perform all of the duties and obligations specified in the Documents in exchange for the consideration described in the Documents;

8.6.8 The Proposal is an irrevocable offer for a period of at least one-hundred- fifty (150) calendar days following City’s opening of all Proposals;

8.6.9 Except as the Contract or California law allows, City is not liable or responsible for any costs, fees, or expenses that Proposer incurs for any one or more of the following: (1) responding to the RFP, (2) anticipating or preparing for an award of a tow District, (3) obtaining any equipment, personnel, facilities, or other items to comply with the Documents’ provisions, or (4) performing the services under the Contract; 29 8.6.10 Within fourteen (14) calendar days after City issues the Notice of Intent to Award OPTS Contract, or within any extension that City may allow, Proposer agrees to: (1) sign and deliver the Contract, of which the RFP, its attached Exhibits, and the Notice calling for Proposals are a part, and (2) furnish the insurance that the Documents require;

8.6.11 At its expense, Proposer agrees to indemnify, defend, and hold harmless the City and its Police Department— including, each one’s officers, agents, employees, and representatives— from and against any and all liability, suits, actions, proceedings, judgments, claims, demands, liens, losses, damages, costs, and expenses (including attorneys’ fees, litigation, arbitration, mediation, appeal expenses) if a dispute, lawsuit, or other proceeding arises out of any one or more of the following: (1) Proposer’s submitting the Proposal, (2) City’s accepting Proposer’s Proposal, or (3) City’s awarding a contract to Proposer in compliance with this RFP, or state, federal, or local laws.

8.7 The Proposer must certify under the penalty of perjury that:

8.7.1 Proposer’s Proposal is genuine, is not a sham or collusive, and is not made in the interest of, or on behalf of, any person, partnership, corporation, firm, organization, or another entity not named or disclosed in the Proposal;

8.7.2 Proposer did not, directly or indirectly, induce, agree, or solicit anyone else to submit a false or sham Proposal, to refrain from proposing, to withdraw a Proposal, or to attempt to induce an action prejudicial to City’s interests;

8.7.3 Proposer has not sought by collusion, in any manner, to secure for Proposer any advantage over other proposers; and

8.7.4 All facts and statements in the Proposal are completely true, accurate, and correct.

8.8 The City will not consider any Proposal that a Proposer submits without the certification. If the City’s review and investigation of a Proposal during the RFP evaluation period, or any time afterwards, reveals that any information, fact, or statement in the Proposal is incomplete, incorrect, false, inaccurate, misleading, or fraudulent, the Proposer may be disqualified from consideration for any contract award, and the City reserves the right to cancel and rescind, at any time, the Contract awarded to the successful Proposer.
30 8.9 The person or persons legally authorized to bind the Proposer to the RFP must sign the Proposal in ink. The individuals signing the Proposal must represent that they are authorized to bind the Proposer’s legal entity.

8.9.1 A corporation must execute the Proposal by its duly authorized officer(s) in accordance with its corporate bylaws.

8.9.2 A partnership must execute the Proposal by all of its partners. After each signature, each partner must list a residential address or the firm’s address, either of which must include the state, zip code, and telephone number.

8.9.3 If the Proposer is a joint venture consisting of a combination of any of the above entities, each entity in the joint venture must sign the Proposal. An individual signing a Proposal as an agent of another or others must attach to the Proposal evidence of that person’s legal authority to sign on behalf of another or others.

9. SUBMISSION OF PROPOSALS

9.1 Submittals

10.1.1 A Proposer must submit one (1) Proposal, via email or delivered on a flash drive.

10.1.2 A Proposer must indicate the following information when submitting a proposal:
“PROPOSAL FOR OFFICIAL POLICE TOW SERVICES,
FOR DISTRICT(S) _ ” (In the blank, identify the applicable District or Districts, by number: 1 2.)

10.1.3 Proposals must be emailed or delivered in a manner to ensure they are received by the deadline to:

Glendale Police Department Parking and
Police Services Bureau
ATTN: Parking and Police Services
Administrator Tina Hartoonian
[email protected]
131 North Isabel Street
Glendale, CA 91206-4382
31 10.2 Proposal Deadline

10.2.1 The City must receive a Proposal at the above address no later than March 24, 2025 at 4:00 p.m. (“the Proposal Deadline”). A firm mailing its Proposal should allow sufficient delivery time to ensure that the City receives the Proposal by the Proposal Deadline. The Proposer alone is responsible for delivering its Proposal on time.

10.2.2 The City will not accept late Proposals. The City will return, unopened, any Proposal received after the exact time of the Proposal Deadline.

10.2.3 Oral, telephonic, facsimile, telegraphic, or electronically transmitted Proposals are invalid and the City will not accept or consider them.

10. DISPOSITION OF PROPOSALS

10.1 All Proposals submitted in response to this RFP become the property of the City of Glendale, and the City will retain or discard them, as the law allows.

10.2 The Proposer must identify on the accompanying Proposal Forms (PF:44) all copyrighted material, trade secrets, or other proprietary information (“protectable documents”) that the Proposer included in its Proposal which Proposer believes should be exempt from disclosure under California’s Public Records Act, Government Code Section 7923.000, et seq.

10.3 By listing the documents, the Proposer agrees to indemnify, defend, and hold harmless the City and its Police Department— including, each one’s officers, agents, employees, and representatives— from and against any action, claim, lawsuit, or proceeding, including costs and expenses, arising out of or connected with the City’s refusal to disclose the protectable documents to any party making a request for those items.

10.4 The City will treat any Proposer, who fails to identify on PF:44 protectable documents that the Proposer believes should be exempt from disclosure, as having waived its right to an exemption from disclosure, as the Public Records Act provides.

11. COMMUNICATION WITH, AND GIFTS OR GRATUITIES TO, THE CITY AND

OTHERS PROHIBITED

11.1 After the Proposal Deadline, and continuing until the City awards the last contract, if any:

12.1.1 Glendale City Council members and City employees involved in the RFP 32 process will not hold any meetings, conferences, or discussions with any Proposer, except as this RFP allows; and

12.1.2 A Proposer must not communicate, in any manner, with the individuals listed in Paragraph 12.1.1, unless authorized by the City. Proposers and their representatives are not prohibited, however, from making oral statements or presentations in public to one or more representatives of the City during a public meeting. In addition, Proposers may write to the City Council as a whole once the staff recommendations are made in anticipation of a public meeting.

12.2 From the date of the report to Council recommending the initiation of a competitive process for Official Police Tow Services, to the date on which the City awards the last contract, if any, a Proposer must not directly or indirectly give, furnish, donate, or promise any money, compensation, gift, gratuity, or anything of value to the individuals listed in Paragraph 12.1.1, for the purpose of, or which has the effect of:

12.2.1 Securing or establishing an advantage over other Proposers;

12.2.2 Securing or recommending the selection of the Proposer’s Proposal; or

12.2.3 Securing or recommending the Contract’s award to the Proposer.

12.3 Violations of Paragraphs 12.1.2, or Paragraph 12.2, or both, will constitute grounds for rejection.

12. WITHDRAWAL, CANCELLATION, OR MODIFICATION OF A PROPOSAL

12.1 Before the Proposal Deadline, a Proposer may withdraw and then modify a Proposal, by giving written notice, signed by the Proposer. A withdrawal request must be addressed as follows and delivered to:

Glendale Police Department Parking and
Police Services Bureau
ATTN: Parking and Police Services
Administrator Tina Hartoonian
[email protected]
131 North Isabel Street
Glendale, CA 91206-4382

12.2 For a withdrawal to become effective, the Parking Bureau must receive the Proposer’s request for withdrawal before the Proposal Deadline. The City will not accept or consider a Proposer’s verbal request for modification or withdrawal of a Proposal.

12.3 If a Proposer withdraws its Proposal, the withdrawal will not prejudice the Proposer’s right to submit a new Proposal, if the new Proposal is submitted: (1) in accordance with the RFP’s requirements, and (2) before the Proposal Deadline. 33 12.4 After the Proposal Deadline, a Proposer must not withdraw, cancel, or modify its Proposal for a period of at least one-hundred-fifty (150) calendar days following the Proposals’ opening on March 31, 2025 subject to the exception in Paragraph

13.5. The City may extend the 150 day period upon the City’s written request and upon the affected Proposers’ written approval.

12.5 The City may allow a Proposer to withdraw or cancel a Proposal after the opening of the Proposals, if the Proposer establishes, to the City’s satisfaction, that all of the following circumstances exist:

13.5.1 The Proposer made a mistake in its Proposal;

13.5.2 Within five (5) days after the Proposal’s opening, the City receives from the Proposer written notice of the mistake and the notice specifies in detail how the mistake occurred;

13.5.3 The mistake made the Proposal materially different from what the Proposer had intended it to be; and

13.5.4 The mistake was made in filling out the Proposal and was not due to error in judgment, carelessness in inspecting the tow service area (District), or carelessness in reading the RFP or the Contract.

13. OPENING OF PROPOSALS

13.1 On March 31, 2025, the City will open all Proposals that were submitted in accordance with Paragraph 10.1.2, and that were received on or before the Proposal Deadline. The City will maintain a “Register of Proposals” that lists the Proposer’s name, the date, and the time that the City had received the Proposal.

The Register of Proposals will be open to public inspection after the City has awarded all Contracts.

14. INITIAL REVIEW OF PROPOSALS; SELECTION PROCESS AND CRITERIA

14.1 Overview
The City will follow the four (4) steps described below for evaluating each Proposal and selecting an OPTS Provider:

15.1.1 First, designated personnel from the Police Department will determine whether a Proposal is “responsive” to the RFP, by:
(A) Verifying the Proposal’s compliance with the RFP’s terms and conditions, and
34 (B) Examining the Proposal for completeness of information and attachments.

15.1.2 Second, staff, as designated by the Police Chief, will determine whether the Proposer, who has submitted a responsive Proposal, is “responsible,” by:
(A) Reviewing background checks on the candidates under consideration;
(B) Visiting and inspecting the towing and storage facilities of the candidates under consideration;
(C) Interviewing up to three (3) candidates, if any, per District; and (D) Listening to the candidates’ oral presentation.

15.1.3 Third, for each District, the designated staff will deliver written recommendations, if any, to the Chief of Police for his consideration.

15.1.4 Fourth, the Chief of Police will make recommendations regarding the most qualified Proposers to the City Council. The City Council will award the OPTS contracts.

15.2 Responsive Proposal

15.2.1 The designated Police Department personnel will evaluate each Proposal to determine whether it is “responsive.” The term “responsive” means that the Proposal has been prepared and submitted in accordance with the RFP’s requirements. In other words, the Proposer has:
(A) Properly completed and signed the Proposal (PF:1 to PF:4); (B) Properly completed the “Proposer’s Qualifications Statement” forms (PF:10 to PF:46); and
(C) Submitted the documents and attachments that the Proposal Forms (PF:1 to PF:46) and this RFP require.

15.2.2 The City may reject any Proposal that is not accompanied by any item that the Proposal Forms (PF:1 to PF:46) and this RFP require, or that is in any other way incomplete or irregular.
35 15.2.3 Unauthorized conditions, limitations, or provisions included in, or attached to, the Proposal, or an incomplete submittal, may render the Proposal “non-responsive” and may cause its rejection.

15.2.4 Process
(A) The designated Police Department personnel will simultaneously open the sealed Proposals. They will then review each Proposal for completeness, clarity of content, and adherence to the RFP’s requirements.
(B) The Support Services Captain or acting Captain will then forward all “responsive” RFP’s to staff designated by the Chief of Police.

15.3 Responsible Proposer

15.3.1 The staff designated by the Police Chief will review the Proposals and determine the “responsible” Proposer for each tow District. The term “responsible” means that the Proposer is able to demonstrate that it possesses:
(A) The capacity, in terms of financial strength, resources available, and experience, to perform the services described in the RFP and the Contract; and
(B) The integrity and trustworthiness to perform and complete the services that RFP and the Contract require.

15.3.2 In determining whether a Proposer is “responsible,” the designated staff may consider any one or more of the following factors in relation to the services that the Proposer will perform under this RFP and the Contract:
(A) Demonstrated financial strength including, but not limited to, the Proposer’s:
(1) Current facilities, equipment, and personnel;
(2) Capability of securing financing for facilities, equipment, personnel, or other resources;
(3) Credit worthiness;
(B) Quality of the Proposer’s existing or proposed facilities, equipment, and personnel;
(C) Demonstrated and successful completion of services of similar scope and size, including, but not limited to:
36 (1) Years of experience that the Proposer has as an OPTS Provider or a municipal tow service provider;
(2) Timeliness of performance;
(3) Customer satisfaction or complaints;
(4) Other cities’ and clients’ evaluations of the Proposer’s prior or current services;
(D) Demonstrated safety record for the Proposer’s tow vehicles and employees; or
(E) Degree to which the Proposer has taken into account the Glendale community’s needs and priorities.

15.3.3 The designated staff may consider any one or more of the following factors as indicia that the Proposer is not “responsible,” thereby disqualifying the Proposer:
(A) Evidence of collusion between the Proposer and other Proposers; (B) The Proposer’s having falsified, misrepresented, or withheld any information that the RFP or the Contract requires the Proposer to disclose;
(C) The Proposer’s having given prior poor or unsatisfactory service to the City or other government clients;
(D) The Proposer’s or its employees’ having performed work or services without a required license, permit, or certification; (E) The Proposer’s or its employees’ having disregarded laws, rules, regulations, procedures, orders, and directives;
(F) The Proposer’s lack of competency as revealed by: financial statements, experience, equipment, facilities, training, personnel; or customer complaints, claims, or lawsuits;
(G) The Proposer’s having a history of vehicular accidents, property damage, or thefts occurring while the Proposer has operated its towing and storage business;
(H) The Proposer’s having been convicted of a crime related to the bidding, the awarding, or the performance of a government contract;
37 (I) The Proposer’s having claims or litigation concerning contracts, bids, or projects; or the Proposer’s having been terminated or disqualified from contracts, bids, or projects;
(J) The Proposer’s having failed to fulfill or perform the terms of a contract, or having defaulted on a contract, within the past five (5) years; or
(K) The Proposer’s having failed to meet a contract’s required and agreed-upon schedules or deadlines.

15.3.4 The designated staff will determine whether a Proposer is responsible based upon:
(A) The information that the Proposer submits, as contained in the “Proposer’s Qualification Statement” (PF:10 to PF:46) and its attachments;
(B) A background check (described on the next page);
(C) A site inspection;
(D) The Proposer’s interview and oral presentation; and (E) Other documents or other sources of information provided or obtained as part of the review process.

15.3.5 The designated staff may require a Proposer to clarify its Proposal or provide additional information, verbally or in writing, as staff deems necessary, to assist in evaluating the Proposals and to ensure that the selected Proposer will perform the services under this RFP and the Contract.

15.3.6 Process
(A) The staff designated by the Police Chief will score each Proposal, using the following categories and points:

Category Points
(1) Service Requirements 25
(2) Qualifications of Personnel & Management 20
(3) Facility & Equipment Requirements 25
(4) Prior Experience 15
(5) References 5
(6) Financial Viability 10
38 (7) MAXIMUM TOTAL POINTS: 100
(B) If a Proposer has submitted a Proposal that covers more than one District, the designated staff will assign a separate and independent score for each District. A score assigned to one District will not be combined or averaged with a score given to another District. (C) For each District, the designated staff will rank each Proposal in descending order based on the highest numbers of points given to each Proposal. The designated staff will create, for its own purposes, an “initial short list” of up to three (3) Proposers, per District, who will be placed in descending order, based on their score.
(D) On behalf of the designated staff, one or more investigators from the Police Department will perform a “background check” on the selected Proposers who are on the designated staff’s “initial short list,” to ensure that the potential Proposer not only has the required financial and other resources to provide dependable towing and storage services for the City, but also will provide the highest levels of customer service. The background check may include, but is not limited to:
(1) Interviewing municipal clients and others about their past or present experiences with the Proposer as a towing and storage firm;
(2) Contacting the bank that prepared the Proposer’s reference letter;
(3) Obtaining criminal history;
(4) Searching bankruptcy, liens, and civil judgment records; and
(5) Investigating or verifying any other information that the designated staff believes is relevant to selecting an OPTS Provider under the RFP.
(E) Based on the background check, if the designated staff determines that the candidate is not a responsible Proposer, the designated staff will select as a replacement the next highest scoring Proposer who applied for that District. Any Proposer whom the designated staff selects as a replacement will be subject to the same background check. The designated staff will then prepare a “final short list” of candidates.
39 (F) For each district, the designated staff will invite up to three (3) Proposers on the “final short list” for an interview and oral presentation. Before the interviews occur, the designated staff will inspect the towing and storage facilities, equipment, and personnel of every Proposer who is on the “final short list.”
(G) During the interviews, the designated staff must not communicate the initial scores to the participating Proposers. The oral interview will consist of standard questions asked of all Proposers, and specific questions regarding the Proposer’s Proposal or the Proposer’s ability to provide the facilities, equipment, personnel, and services that the City requires. In addition, the Proposer must give the designated staff an oral presentation, not to exceed thirty (30) minutes, on how it will achieve and ensure throughout the Contract’s duration:
(1) Expeditious, reliable towing;
(2) Secure, dependable storage;
(3) Quality service; and
(4) Utmost customer satisfaction for the City and the public. (H) The designated staff may then re-score the Proposal based on the site inspection, the interview, the oral presentation, or on any combination of these factors.
(I) After the designated staff reaches a consensus as to the responsible Proposers whom they believe can provide the best service to a particular District, they will deliver their written recommendation to the Chief of Police for his consideration.
(J) The Chief of Police will prepare a report to the City Council for its deliberation and its decision on awarding the OPTS contracts.

15. AWARD OF CONTRACT

15.1 If the City Council selects Proposals, the City will give the selected Proposers a “Notice of Intent to Award OPTS Contract” that will specify the “start date” for performing the Contract’s services.

15.2 The RFP, or any part of it, and the Proposer’s responses, will be incorporated into 40 and made a part of the Contract. The City reserves the right to further negotiate the terms and conditions of the Contract. The Proposer whom the City Council selects for a tow District must cooperate with the City in good faith to negotiate, sign, and deliver the final Contract. The City will draft the Contract and may require the selected Proposer to attend one or more Contract negotiation conferences to discuss possible:

16.2.1 Revisions to the Contract’s service-related terms, conditions, requirements, specifications, or minimum performance standards, other than the insurance and the indemnity provisions; and

16.2.2 Additions to the Contract, by the parties’ mutual agreement, or as a City Ordinance or Resolution, the City’s Charter or Municipal Code, or any other law may require.

16.3 At any time, and for any reason, if contract negotiations with the selected Proposer fail to progress, to the City’s reasonable satisfaction, the City reserves the right to end negotiations with the selected Proposer.. At its discretion, the City may then: reopen the proposal process; choose from among the remaining, if any, qualified proposers; reissue the RFP; negotiate directly with any firm for towing and storage services; or choose not to contract for services.

16.4 The services described in this RFP and in the Contract are for a period of three (3) years, and the City will have a one (1) time option to renew the OPTS Provider’s services for a period of two (2) years. Exercise of the one-time renewal option is at the Chief of Police’s sole discretion and requires the City Manager’s written approval.

16.5 Within 45 calendar days after the City issues the Notice of Intent to Award OPTS Contract, or within any extension that the City may allow, the selected Proposer must submit to the City all of the following items:

16.5.1 Two (2) originals of the Contract, properly signed by the Proposer.

16.5.2 Insurance certificates and additional insured endorsements that fully conform to the Contract’s requirements.

16.6 After the City receives the signed Contracts and insurance documents, the City Attorney’s office will review the Contract. Additionally, the City Attorney’s office or the City’s Risk Manager will review the required insurance. If the selected Proposer has not changed any terms of the Contract, and if the insurance conforms to the Contract’s requirements, the City will sign the Contract and return an original of the Contract to the Proposer.
41 16. CITY’S RESERVATION OF RIGHTS

16.1 This RFP and the proposal evaluation process do not:

18.1.1 Obligate the City to accept any Proposal; and

18.1.2 Constitute an agreement by the City that it will actually enter into any contract with any Proposer.

18.2 When it best serves the City’s interests, the City may do any one or more of the following:

18.2.1 Reject any Proposal or all Proposals;

18.2.2 Extend the deadline for accepting Proposals;

18.2.3 Waive any or all information, defects, irregularities, or informalities in a Proposal;

18.2.4 Accept amendments to Proposals after the Proposal Deadline;

18.2.5 Amend, revise, or change the RFP’s evaluation or selection criteria;

18.2.6 Cancel, withdraw, amend, revise, change, or negotiate the terms of this RFP, the Contract, or both;

18.2.7 Reissue a Request for Proposals;

18.2.8 Negotiate directly with any Proposer; or

18.2.9 Provide its own vehicle towing and storage services, or contract directly, without an RRP or bids, for those services.
42 17. LETTER OF OBJECTION; PROCEDURES

17.1 A Proposer, who believes that any part of this RFP is discriminatory against the Proposer or precludes the Proposer from being given reasonable consideration in the procurement process, must submit a letter, clearly stating the specific objections, the areas of concern, and a proposed method for resolving the objections. The Proposer, or the person who is duly authorized to represent the Proposer, must sign the correspondence. The City must receive the letter of objection on or before 4:00 p.m., March 05, 2025. The City will not consider any verbal objection. The letter of objection must be addressed as follows and delivered to:

Glendale Police Department Parking and
Police Services Bureau
ATTN: Parking and Police Services
Administrator Tina Hartoonian
131 North Isabel Street
Glendale, CA 91206-4382

17.2 Upon the City’s timely receipt of the objection letter, the City will review the Proposer’s contention(s). If the City decides that the RFP, whether in whole or in part, needs revision, the City will prepare Addenda, as described in Section 7 of this RFP.

18. HOLIDAY, WEEKEND, CITY CLOSED - EXTENSION TO NEXT BUSINESS DAY

18.1 If the last day for performing an act under this RFP falls on a weekend, a legal holiday listed in either Municipal Code Section 3.08.010 or California’s Government Code, or a day when City Hall is closed, the period is extended to and including the next business day.

19. CAMPAIGN CONTRIBUTIONS

19.1 (A) A Proposer and its subcontractors shall fully comply with Glendale Municipal Code Section 1.10.060, which places limitations on the Proposer’s and its subcontractors’ ability to make campaign contributions to certain elected City officials or candidates for elected City office.

Specifically, Section 1.10.060 prohibits:
(1) A Proposer who is awarded a contract with the City of Glendale or the Housing Authority of the City of Glendale and that contract is subject to approval by the City Council or Housing Authority― from making a contribution to a City Council member, City Clerk, or City Treasurer, when the contract has a total anticipated or actual value of $50,000 or more, or a combination or series of contracts having a value of $50,000 or more, in a fiscal year (July 1 – June 30) of City; and
(2) A City Council member or Housing Authority member from voting on a contract in which a Proposer (or its
subcontractor) has provided a campaign contribution.
(B) Proposer acknowledges that even if Proposer’s contract for labor, materials, or both, is less than $50,000, Proposer still may be subject to the campaign contribution limitations in Municipal Code Section

1.10.060, when:
(1) Proposer and the City add additional work, services, or materials to the contract which increases the contract’s maximum cost to equal or exceed $50,000 in a fiscal year (July 1 – June 30) of City; or
(2) City or the Housing Authority awards Proposer another contract which has a total anticipated or actual value of $50,000 or more― or awards Proposer a combination or
series of contracts which have a value of $50,000 or more― in a fiscal year (July 1 – June
30) of City.
(C) In submitting a Proposal, Proposer represents and certifies that:
(1) Proposer has read and fully understands the
provisions of Municipal Code Section 1.10.060;
(2) Proposer will not: (a) make a prohibited campaign contribution to an individual holding City elective office; or (b) otherwise violate Municipal Code Section 1.10.060; and
(3) Proposer shall timely complete, return, and update one or more disclosure or reporting forms that City provides.
45 EXHIBIT “A”
DRAFT

VEHICLE TOWING AND STORAGE AGREEMENT
1 DRAFT

VEHICLE TOWING AND STORAGE AGREEMENT
THIS AGREEMENT (“Agreement”) effective August 1, 2025 ("effective date"), is between the City of Glendale ("City"), a municipal corporation, and ("Contractor"), a (collectively, "Parties" or individually, "Party").

RECITALS

1. City and its Police Department desire a tow and garage provider's work, services, and operations (collectively, "services") to move motor vehicles that are damaged, inoperative, abandoned, impounded, stolen, recovered, illegally parked, evidence of a crime, or left by persons arrested, and to store vehicles for safekeeping or other lawful reasons.

2. City and its Police Department desire to provide the public with dependable, expeditious towing and storage services by establishing Official Police Tow Services ("OPTS") and by setting minimum performance standards, specifications, and time limits (collectively, “minimum performance standard") to ensure quality services.

3. City has determined that an OPTS provider's services will benefit the Police Department in carrying out its duties and responsibilities of public assistance. Under Municipal Code Section 10.55.070, City may enter into a contract with a private-sector business to obtain public vehicle towing and storage services.

4. On _________________, City issued a "Request for Proposals for Official Police Tow Services" ("RFP"), which is attached as Exhibit "C" and is fully incorporated into this Agreement by this reference, describing City's need for towing and garaging services, and setting forth qualifications, conditions, and requirements for an OPTS provider.

5. On , Contractor submitted a "Proposal for
Official Police Tow Services for District " ("Contractor's Proposal"), which is attached as Exhibit "D" and is fully incorporated into this Agreement by this reference.

6. On , the Glendale City Council (“City
Council”) adopted Resolution No. , which is
2 attached as Exhibit "E" and is fully incorporated into this Agreement by this reference. In that Resolution, the City Council accepted Contractor's Proposal, determined that Contractor is the most qualified firm to serve as City's OPTS, and awarded Contractor District , subject to the terms and conditions of that Resolution and this Agreement.

7. On , City mailed Contractor a "Notice of
Intent to Award OPTS Contract — District ,” which is attached as Exhibit "F" and is fully incorporated into this Agreement by this reference.

8. Contractor is a duly organized and validly existing corporation under the laws of the State of California, and has the legal authority to provide, engage in, and carry out vehicle towing and storage services.

9. Contractor possesses the competence, experience, expertise, facilities, equipment, personnel, financial wherewithal, and other resources necessary to perform dependable towing and garaging services, to ensure quality service, and to provide utmost customer satisfaction. Contractor desires to furnish and perform the services described in this Agreement.

AGREEMENT
City and Contractor agree as follows:

1. INCORPORATION OF RECITALS

1.1 The Recitals constitute the factual basis upon which City and Contractor have entered into this Agreement. City and Contractor acknowledge the Recitals' accuracy, and therefore, incorporate them into this Agreement.

2. AGREEMENT'S TERM

2.1 The term of this Agreement is five (5) years ("Agreement's term"), beginning on August 1, 2025, and ending on July 31, 2030 ("initial expiration date"), unless:
(A) A Party, at any time, elects to end this Agreement for any reason, by giving the other Party written notice at least thirty (30) days before the intended termination date; or
3 (B) The Agreement ends sooner according to the terms
elsewhere in this document.

2.2.Before the initial expiration date, City will have the option of renewing this Agreement, two (2) times, for a period of two (2) years. Exercise of the renewal options is at the Chief of Police's sole discretion and requires the City Manager's written approval. Upon renewal, this Agreement is subject to new or additional terms and conditions. At least thirty (30) days before the initial expiration date, City shall give written notice to Contractor of City's decision on the renewal option.

2.3 Neither this Agreement nor a Party's having fully or partially performed it:
(A) Obligates City to renew this Agreement after the initial expiration date or to enter into another contract of any kind or nature with Contractor;
(B) Gives Contractor a past, current, future, vested, contingent, property, contractual, legal or equitable right, interest, or title to continue operating its towing and storage services for City beyond the initial expiration date; or
(C) Prevents City, at any time during this Agreement's term or afterwards, from doing any one or more of the following:
(1) Establishing, owning, operating, or managing its own municipal tow services, or storage lot(s), or both; or
(2) Adopting, amending, or repealing an ordinance,
resolution, or motion concerning the subject matter
covered under this Agreement.

3. WHEN AGREEMENT TAKES EFFECT

3.1 Unless City states otherwise in writing, this Agreement takes effect after all of the following events have occurred:
(A) The person who is authorized to bind Contractor to this Agreement has signed it and delivered it, with the required insurance, to City;
(B) The City Attorney's office has approved this Agreement as to form; (C) The City Attorney or City's Risk Manager has approved Contractor's insurance; and
4 (D) The City Manager or a designee has signed this Agreement.

4. SERVICES
(A) This Agreement covers towing and storing situations where the tow is ordered or requested by City's Police Department or other City employees who are duly authorized by law to remove, impound, or store vehicles

4.2 Contractor shall perform the services described in this Agreement according to this Agreement's terms, conditions, requirements, minimum performance standards, and the following documents:
(A) City's RFP and the Addenda issued during the proposal period (Exhibit "C"); and
(B) Contractor's Proposal (Exhibit "D").

5. COMPENSATION

5.1 Except as this Agreement or the law provides, Contractor shall not receive any compensation from City for providing the services described in this Agreement. Contractor's compensation will come solely from its collecting towing and storage charges or fees, as described in Paragraph 37.5, from the vehicle's owner, the owner's agent, or other person who must pay them.

5.2 In place of City's paying compensation and in exchange for Contractor's services, City grants Contractor, during this Agreement's term, the special privilege and exclusive right of:
5 (A) Identifying itself as one of City's "Official Police Tow Services"; (B) Operating within a designated District;
(C) Receiving the Police Department's calls for service; and (D) Furnishing the public with vehicle towing and storage services as requested by Police Department.

5.3 When Contractor performs such services listed in Paragraph 36.1, City shall reimburse Contractor according to the provisions described in Paragraph 37.4.

6. CONDUCT: DEBARMENT AND SUSPENSION

6.1 Contractor, and its officers, agents, employees, and representatives (individually and collectively, "personnel") shall conduct business in an ethical, honest, courteous, orderly manner, endeavoring to maintain a high level of service to the public and to keep the confidence of the community.

6.2 For purposes of this Agreement, "criminal conviction" or "convicted" means a plea of guilty, a verdict of guilty by a judge or jury, a plea of nolo contendere, or a forfeiture of bail.

6.3 Contractor certifies that Contractor and its owners, officers, or partners are not now, and were not in the three (3) years before this Agreement's effective date:
(A) Subject to debarment, or suspension, or both, under a public (federal, state, county, local, City) contract, project, program, or award; (B) Criminally or civilly charged with, cited, or indicted for; convicted of; or liable under a civil judgment for; any one or more of the following:
(1) Fraud or another offense in obtaining, attempting to obtain, or performing a public (federal, state, county, local, City) contract, project, program, or award;
(2) Violating a state or federal antitrust statute; or
(3) Committing embezzlement, theft, forgery, bribery, falsifying or destroying records, making false statements, or receiving stolen property; or
(C) Terminated for cause or default on a public (federal, state, county, local, City) contract, project, program, or award.

6.4 During this Agreement's term, Contractor shall immediately notify City when a circumstance or situation, described in Paragraph 6.3, occurs. 6 7. CONTRACT ADMINISTRATION AND SUPERVISION

7.1 The Police Department shall administer this Agreement on City's behalf.

Contractor is under the direct supervision of the Chief of Police or a designee.

8. LAWS

8.1 Contractor shall comply with all (federal, state, county, local, City) laws, rules, regulations, orders, and procedures that govern:
(A) Driving, operating, and maintaining its tow trucks, flat bed carriers, and lowboy tractor trailers (individually, "tow unit" and collectively, "tow units"); and
(B) Removing, towing, impounding, storing, selling, lien selling, salvaging, junking, and releasing vehicles covered under this Agreement.

9. AREA OF RESPONSE

9.1 Contractor shall operate within its designated area, District . This District's boundaries are described in the "Districts of the Official Police Tow Services of the City of Glendale," which is attached as Exhibit "A," and is fully incorporated into this Agreement by this reference.

9.2 Contractor may operate outside its District only when the towing or service request does not conflict with the efficient management of traffic by the Police Department and when responding to a direct request from:
(A) The owner or driver of an inoperative vehicle, an automobile service club, or a private repair facility acting at the vehicle owner's or driver's request; (B) The Police Department or Fire Department; or
(C) Another Glendale OPTS provider.

9.3 When City requests towing or service for a vehicle located on the boundary line of Contractor's District and another City of Glendale OPTS' District, the police officer or parking enforcement employee shall decide
which OPTS provider to use. Contractor shall comply with Paragraph 15.1 and shall not contest that decision.

9.4 After giving Contractor thirty (30) days advance written notice, City may change or alter a District, or Districts, at any time during this A g r e e m e n t ’ ’ s term, in any one or more of the following ways:
7 (A) Enlarge, reduce, or redraw a District's boundaries; or (B) Increase or decrease the number of Districts.

10. OWNERSHIP

10.1 Unless Contractor obtains the Chief of Police's or a designee's written authorization, Contractor shall not, directly or indirectly, have a financial or ownership interest in any one or more of the following:
(A) Another City of Glendale OPTS firm;
(B) An automobile dismantling or wrecking yard;
(C) An automobile body or repair shop;
(D) A used car business; or
(E) Any other automobile-related business, other than an automobile towing and storage business.

11. PERSONNEL

11.1 Except as this Agreement provides, Contractor shall have sole responsibility for all recruiting, screening, testing, selecting, training, scheduling, supervising, compensating, promoting, disciplining, terminating, and performing all other functions related to Contractor's personnel, as necessary, to carry out Contractor's obligations under this Agreement.

11.2 Contractor shall employ, provide, and maintain:
(A) An adequate number of personnel to carry out this
Agreement's obligations;
(B) Personnel who:
8 (1) Are competent and qualified to provide the services that this Agreement requires;
(2) Meet all applicable qualifications and certifications established by (federal, state, county, local, City) laws, rules, regulations, orders, and procedures;
(3) Are subject to Contractor's direct supervision at all times; and
(4) Provide the highest levels of customer service and courtesy, when interacting with the vehicle's owner or driver at the: scene of the tow, business office, storage facility, and vehicle release area; and
(C) Competent and professional management according to
industry standards and practices.

11.3 At any time, if City determines that Contractor is employing an insufficient number of personnel, Contractor shall hire additional personnel as City determines is reasonably necessary to render the services required under this Agreement.

11.4 Contractor shall fully comply with all (federal, state, county, local, City) laws, rules, regulations, orders, and procedures governing its personnel, including, but not limited to:
(A) California Government Code Section 8355 for providing a drug-free workplace:
(1) Contractor certifies that it is in full compliance with that law's provisions.
(2) At any time, upon City's request, Contractor shall furnish the Chief of Police or a designee with documents or other records as evidence of Contractor's compliance with this law.
(B) The Immigration Reform and Control Act of 1986 (Public Law 99- 603; 8 U.S.C. Section 1324(a) for hiring, employing, and verifying the status of aliens and other persons:
(1) Contractor shall obtain from its personnel documentation of employment eligibility status, and Contractor shall retain that documentation for the time period that the law requires. 9 (2) Contractor certifies that all its personnel performing services under this Agreement meet all laws for citizenship or alien status requirements.
(3) At any time, upon City's request, Contractor shall furnish the Chief of Police or a designee with documents or other records establishing Contractor's personnel's eligibility status. (C) California Code of Regulations, Title 8, Section 3203, Injury and Illness Prevention Program ("lIPP"), or any other procedures for implementing personnel safety:
(1) For its personnel, Contractor shall:
(a) Furnish required safety equipment, garments, and
devices; and
(b) Adopt and use practices, means, methods, operations, and procedures that are reasonably necessary to protect the life, safety, and health of its personnel.
(2) Contractor certifies that it is in full compliance with lIPP regulations or is lawfully exempt from those regulations' provisions. (3) At any time, upon City's request, Contractor shall furnish the Chief of Police or a designee with Contractor's written policy manual for its personnel's safety, and all documents or other records as evidence of Contractor's lIPP compliance with or exemption from this law.
(D) Affirmative action, anti-discrimination, equal employment, and business opportunity:
(1) Titles VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C. Sections 2000d, 2000e, et seq.);
(2) The Civil Rights Acts of 1866 and 1871 (42 U.S.C.

Sections 1981 and 1983);
(3) The Americans with Disabilities Act of 1990 (42 U.S.C.

Section 12101, et seq.);
(4) California's Fair Employment and Housing Act
(Government Code Section 12900 et seq.); and
10 (5) Contractor certifies that it is in full compliance with these laws' provisions and will comply with all laws that are enacted after the contract is signed..
(6) At any time, upon City's request, Contractor shall furnish the Chief of Police or a designee with Contractor's written employment and hiring practices and procedures, and all documents or other records as evidence of Contractor's
compliance with these laws.

11.5 Contractor shall maintain a current list with the names, titles, and qualifications of personnel who provide services under this Agreement. At any time, upon City's request, Contractor shall furnish that list to the Chief of Police or a designee.

11.6 During this Agreement’s term, personnel whom Contractor hires, employs, or uses shall be required to submit Livescan fingerprints. The results of the Livescan shall be submitted to City. Additionally, during this Agreement's term, the Chief of Police or a designee may conduct a thorough background investigation of personnel whom Contractor hires, employs, or uses. The background check may include, but is not limited to: credit history, civil judgments, and criminal convictions. Contractor shall pay City's costs of investigating Contractor's personnel. If City performs the fingerprinting for Contractor’s personnel, Contractor shall also pay City’s cost for this service.

11.7 For services that Contractor provides to City under this Agreement, Contractor shall not use or dispatch personnel who:
(A) Are required to register as a sex offender under California Penal Code Section 290;
(B) Have been convicted of any one or more of the following offense within the last ten (10) years:
(1) California Health & Safety Code Section:
(a) 11350 to 11391 (Possession, use, and sale of
controlled substances);
(2) California Vehicle Code Section:
(a) 10851 to 10855 (Theft or unlawful taking of
vehicle or vehicle parts);
(C) Have been convicted of any one or more of the following offenses within the last seven (7) years:
11 (1) California Vehicle Code Section:
(a) 14601.3 (Habitual traffic offender);
(b) 14601.4 (Causing bodily injury to another while
driving with license suspended or revoked);
(c) 14601.5 (Driving with knowledge of suspension,
revocation, or restriction of driving privilege);
(d) 20001 (Duty to stop at scene of injury accident);
(e) 20003 (Duty of driver upon injury or death);
(f) 20004 (Duty of driver to report accident upon death); (g) 23104 (Reckless driving, bodily injury, prior
conviction);
(h) 23153 (Driving under the influence);
(2) California Penal Code Section:
(a) 118 (Perjury);
(b) 192 (Voluntary, involuntary, and vehicular
manslaughter);
(c) 241 to 245.5 (Assault and battery);
(d) 529.5 (Deceptive appearance of government-issued
identification cards and drivers' licenses);
(e) 529.7 (Falsely obtaining or assisting others in
obtaining official documents issued by the DMV);
(f) 530.5 (Unauthorized use of personal identifying
information to obtain credit, goods, services, or
medical information in another person's name);
(g) 530.6 (Unlawful use of personal identifying
information by another); or
(3) A felony listed in California's Penal Code, including any felony charged as a misdemeanor under Penal Code
Section 17(b)(4);
12 (D) Have been convicted of any one or more of the following offenses within the last three (3) years:
(1) California Penal Code Section:
(a) 537e (Removal or alteration of manufacturer's serial or identification mark); or
(2) California Vehicle Code Section:
(a) 31 (False information to peace officer);
(b) 10501 (False report of theft);
(c) 10750 (Altering or changing vehicle numbers);
(d) 10751 (Unlawful use or possession of manufacturer
serial or identification numbers);
(e) 10752 (Possession or sale of manufacturer's or
governmental serial numbers);
(f) 10801 (Ownership or operation of chop shop);
(g) 10802 (Alteration, destruction, forgery, or removal of vehicle identification numbers);
(h) 10803 (Possession, purchase, sale, or transfer of
motor vehicle or parts that have been altered or
defaced);
(i) 12500 (Unlawful to drive without valid license);
(j) 14601 (Driving when privileges suspended or revoked for certain offenses);
(k) 14601.1 (Driving when privileges suspended or
revoked for other reasons);
(I) 14601.2 (Driving when privileges suspended or
revoked for driving under the influence);
(m) 20002 (Duty of driver after accident when
property is damaged);
(n) 22350 (Basic speed law);
13 (o) 23103 (Reckless driving);
(p) 23104 (Reckless driving, bodily injury, prior
conviction);
(q) 23109 (Speed contests);
(r) 23152 (Driving under the influence); or
(E) Have been convicted of one or more criminal offenses that, in City's determination, may:
(1) Disqualify the person from operating a vehicle under California or federal law;
(2) Impede, hinder, frustrate, delay, or affect this
Agreement's performance; or
(3) Increase City's liability, risk, or exposure.

11.8 City will give written notice to Contractor, advising Contractor of its personnel's ineligibility, under Paragraphs 11.6 and 11.7. Contractor may retain the disqualified individual and use that person for services other than those that Contractor provides to City under this Agreement.

11.9 Before beginning the next work shift for Contractor, Contractor's tow unit drivers and operators shall report to Contractor an arrest or criminal conviction for an offense specified in California Vehicle Code Section 13377(a) [tow truck driver certificates], subparagraphs (1), (2), or (3). Upon receipt of this information, Contractor shall not use or dispatch these personnel for the services that Contractor provides to City under this Agreement.

11.10 Contractor shall notify City of any labor negotiations that Contractor is conducting with its personnel, shall keep City fully informed of the progress and status of the negotiations, and shall permit City to observe the negotiations if City requests it.

12. INDEPENDENT CONTRACTOR STATUS

12.1 This Agreement is not intended and must not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association between City and Contractor. Contractor understands and acknowledges that:
(A) Contractor is, and will be, an independent contractor while it performs its services under this Agreement;
14 (B) Contractor, its personnel, and a subcontractor, subtler contractor, person, firm, entity, or organization (collectively, "subcontractor")— whom Contractor directly or indirectly hires, employs, or uses to provide or perform the services either described in Paragraph 19.3 or permitted elsewhere in this Agreement— are not:
(1) Employees or agents of City under any circumstance; and (2) Entitled to receive from City a benefit, right, or emolument that City affords to its employees, including, but not limited to:
(a) Overtime, compensation time, sick leave, vacation leave, or holiday pay;
(b) California Public Employees Retirement System
benefits, Social Security, or retirement savings;
(c) Medicare or insurance, including health, life, dental, long or short term disability; or
(d) Workers' compensation benefits.

12.2 Contractor has, and shall retain, the right to exercise full control over the employment, direction, compensation, and discharge of all persons whom Contractor uses in performing services under this Agreement. Contractor shall:
(A) Provide the required services in its own manner and method, except as this Agreement specifies; and
(B) Treat a provision in this Agreement that may appear either to give City the right to direct Contractor as to the details of doing the work, or to exercise a measure of control over the work, as giving Contractor direction only as to the work's end result.

12.3 Contractor shall have sole responsibility for:
(A) Paying its personnel's salaries, benefits, emoluments; disability, unemployment, and workers' compensation; and other expenses connected with this Agreement; and
(B) Making all necessary payroll deductions for its personnel, including:
insurance, Social Security, Medicare, income taxes, and other applicable withholdings or taxes,

12.4 At any time, upon City's request, Contractor shall furnish the Chief of Police or a designee with Contractor's payroll and withholding records. 15 13. TRAINING

13.1 Contractor's dispatchers, tow unit drivers and operators, and other personnel responsible for storing or releasing vehicles shall receive formal training from the Automobile Club of Southern California, the California Tow Truck Association, or other training facility approved by City. At a minimum, the training program must include instruction on:
(A) Proper dispatch procedure;
(B) Tow unit operation;
(C) Tow unit and vehicle hook-up;
(D) Accident recovery methods;
(E) Locked-vehicle entry;
(F) Safety techniques;
(G) Care and custody of stored vehicles;
(H) Demeanor and courtesy;
(I) Hazardous materials handling; and
(J) Changes in laws related to vehicle towing and storage.

13.2 Instruction and training received from the California Highway Patrol or the California Department of Transportation (or either one's designee), under the program established in California Vehicle Code Section 2436.5, satisfy the training requirements in Paragraph 13.1.

13.3 Contractor's personnel shall receive the following minimum hours of training:
(A) Within one (1) year from the date of hire, eight (8) hours of classroom training and eight (8) hours of hands-on training ("initial training"); and 16 (B) After the initial training, eight (8) hours of classroom training and eight (8) hours of hands-on training every two (2) years ("continuing training").

13.4 Contractor shall pay all costs or fees for initial training and continuing training of its personnel.

13.5 Within one-hundred-eighty (180) days after Contractor signs this Agreement, at Contractor's expense, Contractor's tow unit drivers and operators shall receive training and certification in adult cardiopulmonary resuscitation (CPR) and a basic first-aid course from the American Red Cross (ARC), a college or university, or other organization. ARC course
#32400 (5.5 hours; CPR certification: 1 year; first-aid certification: 3 years) or equivalent training and certification will satisfy this Paragraph's requirements. During this Agreement's term, a person whom Contractor hires as a tow unit driver or operator shall receive the same training and certification that this Paragraph requires, within one-hundred-eighty (180) days after that person's hiring date.

13.6 At any time, upon City's request, Contractor shall furnish the Chief of Police or a designee with documents or other records as evidence that Contractor's personnel have completed the initial training and continuing training programs, and CPR/first-aid certification.

14. LICENSES

14.1 During this Agreement's term, Contractor and its personnel shall obtain, maintain, and renew valid permits, licenses, certificates, authorizations, and other documents (collectively, "requisite licenses") as required by the federal, state, county, local, City, or other governmental or regulatory bodies to legally perform the services covered under this Agreement.

14.2 At any time, upon City's request, Contractor shall furnish the Chief of Police or a designee with documents or other records as evidence that Contractor, or its personnel, or both, have the requisite licenses.

14.3 Contractor shall notify the Chief of Police or a designee within four (4) hours of Contractor's discovering a suspension, revocation, expiration, cancellation, termination, lapse, non-renewal, or restriction of Contractor’s, or its personnel's, requisite licenses.

14.4 Contractor's failure to obtain, maintain, renew, or reinstate the requisite licenses constitutes Default under Paragraph 56.1 and a breach of this Agreement, upon which City may immediately invoke a remedy listed under Paragraph 56.2, or allowed by law, or both.
17 15. EMPLOYEES- COOPERATION

15.1 Contractor and its personnel shall:
(A) Abide by, and not contest, the decisions of City's police officers or parking enforcement employees;
(B) Cooperate in recovering, removing, towing, transporting, storing, impounding, and releasing all vehicles covered under this Agreement; and
(C) Follow all reasonable rules and regulations, which the Police Department may periodically prescribe, relating to Contractor's towing and storage services.

16. TOW UNIT OPERATORS: ALCOHOL AND CONTROLLED

SUBSTANCES TESTING

16.1 At its expense, Contractor shall:
(A) Comply with the controlled substances and alcohol use testing requirements of the United States Secretary of Transportation, as set forth in Part 382 [commencing with Section 382.101 of Title 49 of the Code of Federal Regulations ("federal regulations")], for its tow unit drivers and operators;
(B) Perform a pre-employment test for controlled substances and alcohol use, complying with the federal regulations, on all applicants for employment as a tow unit driver or operator; (C) Performa test twice a year for controlled substances and alcohol use, complying with the federal regulations, on all its tow unit drivers or operators; and
(D) Within one-hundred-eighty (180) days after Contractor signs this Agreement, and upon City's request, any time during this Agreement's term, certify in writing to City that Contractor's tow unit drivers and operators have tested negative for alcohol use and each controlled substance specified in the federal regulations.
18 16.2 For purposes of Section 16, a negative test for alcohol use means an alcohol- screening test that shows a breath alcohol concentration of less than 0.02 percent.

16.3 If the California Highway Patrol, a government agency, or other municipality (collectively, "another jurisdiction") requires Contractor’s tow unit drivers and operators to undergo testing twice a year under the federal regulations for controlled substances and alcohol use, and if the laboratory testing date is less than one (1) year old from the date on which Contractor's tow unit driver or operator was tested according to this Agreement, City will accept written evidence of a negative test result for each tow unit driver or operator whom Contractor had tested for another jurisdiction, in place of the written certification that Contractor shall furnish City under Paragraph 16.1(D).

16.4 Contractor shall keep confidential all test results conducted under Paragraph

16.1. Contractor shall not disclose or release the test results without the consent of the person tested, except as the law allows.

16.5 While providing services to City under this Agreement, Contractor's tow unit drivers and operators shall test negative for alcohol use and each controlled substance specified in the federal regulations. Contractor shall not place on duty:
(A) An applicant for employment as a tow unit driver or operator, until Contractor has performed the pre-employment test for controlled substances and alcohol use, complying with the federal regulations, and the prospective employee has tested negative; or
(B) A tow unit driver or operator who failed to receive a negative test result.

17. TOW UNIT OPERATOR'S RESPONSIBILITIES: DUTIES AT ACCIDENT SCENE

17.1 While providing services to City under this Agreement, Contractor shall furnish tow unit drivers and operators who, at all times:
(A) Are:
(1) Legally licensed under California's laws to operate Contractor's tow units and vehicles;
(2) Experienced and capable of competently performing all duties of a properly trained tow unit driver or operator; 19 (3) Alert, careful, courteous, and competent in their driving habits;
(4) Neat and clean in appearance;
(5) Courteous and professional in their public contacts; (B) Wear:
(1) A uniform or clothing (including pants, shirts, or jackets) approved by the Chief of Police or a designee
(2) An approved traffic safety vest, during the day and night, when outside the tow unit; and
(C) Keep the interior cab of the tow unit neat and clean for customers.

17.2 Unless City directs otherwise, Contractor's tow unit drivers and operators shall:
(A) Perform all necessary work preliminary to towing a vehicle, including, but not limited to: removing a vehicle from a ditch or embankment, separating entangled vehicles, or disconnecting a vehicle's drive shaft.
(B) Pick up and remove debris (including glass, plastic, metal, vehicle parts) at a vehicle collision site;
(C) Spread soil or other absorbent material on the roadway and sidewalk when oil, grease, fuel, battery acid, antifreeze, brake fluid, transmission fuel, or hydraulic fluid (collectively, "vehicle fluid") is present; and (D) Collect, remove, and dispose of the vehicle fluid and debris, complying with all hazardous materials and waste management laws and regulations. However, Contractor shall request assistance from City's Fire Department for handling, cleaning, or disposing of liquid waste exceeding the resources of Contractor’s tow unit drivers or operators on scene.

18. HAZARDOUS WASTE DISPOSAL; RECORDS

18.1 Contractor shall maintain documents showing its lawful disposal of hazardous materials collected and removed from: an accident scene, Contractor's storage lots, and its disposal lot(s).
20 18.2 At any time, upon City's request, Contractor shall furnish the Chief of Police or a designee with those records.

19. MINIMUM EQUIPMENT STANDARDS

19.1 At its expense, Contractor shall acquire, provide, operate, and maintain:
(A) Tow units, equipment, materials, and supplies necessary to expeditiously unlock, enter, upright, recover, separate, lift, move, and transport automobiles, motorcycles, sport utility vehicles, pick- up trucks, recreational vehicles, motor homes, buses, commercial trucks, truck tractors, semi-trailers, and combination trailers;
(B) Tow units capable of sling, wheel lift, boom, and rollback towing of vehicles that are:
(1) Three or more axles;
(2) A combination of commercial trailers;
(3) "Oversize," as defined in the California Vehicle Code Sections 35000 to 35414, inclusive;
(4) A gross weight, laden or unladen, of 18,000 pounds or more; (5) In a collision or overturned; or
(6) In an embankment, off road area, or underground structure; (C) The following number of tow units which conform to the California Highway Patrol's Classification ("CHP Class") for the gross vehicle weight rating ("GVWR") of a truck chassis1:
(1) A minimum of one (1) flatbed car carrier (Class A or Class B); and (2) A minimum of four (4) light-medium duty tow trucks, consisting of:
1 GVWR (Lbs.) CHP Class
Minimum 14,000 A
Minimum 33,000 B
Minimum 52,000 C
Minimum 54,000 D
21 (a) At least one (1) light duty tow truck (Class A); and (b) At least one (1) medium duty tow truck (Class B); and (3) Two (2) additional tow trucks, whether (Class A), or (Class B), or both; and
(4) A minimum of one (1):
(a) Heavy Duty tow truck (Class C); or
(b) Super Heavy Duty tow truck (Class D);
(D) Tow units which have a manufacturer's date of:
(1) January 1, 2005, or later for (Class A) and (Class B); and (2) January 1, 2000, or later for (Class C) and (Class D); (E) A minimum of one (1) lowboy tractor trailer; and
(F) An air cushion recovery system.

19.2 Contractor shall not use or substitute one or more flatbed carriers in place of the minimum number of light duty tow trucks (Class A) and medium duty tow trucks (Class B).

19.3 If Contractor does not have the minimum number of Heavy Duty towing tow trucks (Class C), or Super Heavy Duty towing tow trucks (Class D), and if Contractor has obtained the Chief of Police's or a designee's written authorization, Contractor may use the services of another company or firm who has those tow units. However, the subcontractor shall agree in writing to accept, perform, and comply with this Agreement's terms, conditions, requirements, and minimum performance standards when it provides Heavy Duty (Class C) towing services, Super Heavy Duty (Class D) towing services, or both.

19.4 Contractor’s tow trucks must carry all of the following equipment:
(A) First aid kit;
(B) Two (2) traffic safety vests;
(C) Fire extinguisher (Approved 4-B, C rating or better); 22 (D) Flashlight;
(E) Five (5) reflective triangles;
(F) Two (2) ton floor jack;
(G) Compressed air tank;
(H) Slim Jim or similar device for unlocking vehicles;
(I) Pry bar and wrecking bar (large pry bar);
(J) Sledge;
(K) Bolt cutter;
(L) Safety chains;
(M) Battery booster and cables;
(N) Extension brake and tail lamps;
(O) Equivalent of six (6) thirty (30) minute flares;
(P) Five (5) gallon covered trash can with absorbent;
(Q) Five (5) gallon water container;
(R) Five (5) gallon gas container;
(S) Broom;
(T) Shovel; and
(U) Shop rags or paper towels.

19.5 At Contractor's expense, Contractor's tow units;
(A) Must be painted, kept clean, and maintained in good repair; (B) Must be properly licensed and approved for use in California; (C) Must be equipped, operated, and maintained according to California's Vehicle Code and Code of Regulations, this Agreement's specifications, and industry standards and practices;
(D) Must display, on the left side and right side, the name of Contractor's firm, address, telephone number; and
23 (E) Must display, on the left side and right side doors, the following: "Official Police Tow Services for the City of Glendale" and City's official insignia.

19.6 Contractor shall file with the Traffic Bureau Commander a current list of Contractor's tow units and their load capacities.

19.7 Contractor shall dispatch to the towing location only tow units showing the name of Contractor's firm, unless the police officer at the scene approves the use of a tow unit that is unmarked or displays a name different from Contractor's.

19.8 The police officer on scene shall determine if additional equipment or a tow unit with greater capacity is needed. If specialized Heavy Duty (Class C), or Super Heavy Duty (Class D) equipment is needed, Contractor shall use first the equipment and services of another OPTS provider, before requesting approval from the police officer to use the equipment from either a non-contract firm or a subcontractor with whom Contractor has an agreement or arrangement for tow units or specialized equipment. If Contractor is unable to supply the additional equipment or a tow unit with adequate capacity, the Police Department may use the services of another City of Glendale OPTS provider, or any other towing firm, without City's incurring any liability to Contractor.

20. BUSINESS OFFICE: STORAGE AND DISPOSAL LOTS: MINIMUM

REQUIREMENTS

20.1 At its expense, Contractor shall acquire, provide, operate, and maintain a minimum of one (1):
(A) Business office, where Contractor shall:
(1) Keep its business records;
(2) Accept payment from a vehicle's owner or agent for towing and storage charges; and
(3) Resolve its customer's service complaint, damage/theft claim, or other concern;
(B) Primary storage lot, where Contractor shall:
(1) Store vehicles being held for investigation, examination or evidence, or requiring special police handling or protection (collectively, "police hold vehicle");
24 (2) Store vehicles with an appraised value of four-thousand dollars ($4,000.00) or more;
(3) Store a vehicle's equipment, cargo, or contents with an appraised value of five-hundred dollars ($500.00) or more; and (4) Release a vehicle to its owner or the owner's agent; and (C) Secondary storage lot, where Contractor shall:
(1) Store vehicles with an appraised value of less than four- thousand dollars ($4,000.00);
(2) Store a vehicle's equipment, cargo, or contents with an appraised value of less than five-hundred dollars ($500.00); (3) Release a vehicle to its owner or the owner's agent; and (4) Temporarily store other vehicles during an emergency, if Contractor has obtained the Chief of Police's or a designee's prior written authorization, and if Contractor has an attendant on duty at that lot.

20.2 At its expense, Contractor may acquire, provide, operate, and maintain a separate disposal lot, where Contractor may store a discarded or junked vehicle. Alternatively, Contractor may operate or maintain the disposal lot on the same site as the business office, primary storage lot, or secondary storage lot.

20.3 Contractor's business office, primary and secondary storage lots, or disposal lot must conform to all (federal, state, county, local, City) laws, rules, regulations, orders, and procedures, including the requirements of the:
(A) City's Municipal Code, Building & Safety Code, and Zoning Code; (B) City's Community Development Department.

20.4 At its expense, Contractor shall:
(A) During this Agreement's term, design, construct, operate, and maintain its business office, primary and secondary storage lots, and disposal lot in accordance with all applicable disability access laws and regulations, including the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.);
25 (B) At any time, upon City's request, furnish the Chief of Police or a designee all certifications, documents, or other records as evidence of Contractor's compliance with all applicable disability access laws and regulations; (C) Install landscaping and screening (including decorative walls) at its primary and secondary storage lots, and disposal lot, when located in Glendale, to mitigate a negative visual impact of the facility, as determined by City's Planning Section; and
(D) Maintain its business office, and its primarily and secondary storage lots:
(1) In good repair;
(2) In a safe, sanitary, neat, and clean condition; and (3) Free of weeds, debris, and litter.

20.5 If Contractor's business office, primary or secondary storage lots, or disposal lot is located in (or borders) a Glendale residential zone or other noise sensitive area, Contractor shall:
(A) Ensure that its noise is controlled and is kept to a bare minimum; and
(B) Take all reasonable measures to lessen noise levels, so that Contractor's telephones, radios, amplified sound systems, tow units, vehicles, machinery, equipment, and facility operations:
(1) Are not unreasonably loud, disruptive, or a nuisance; or (2) Do not unreasonably interfere with the comfort, peace, quiet, or repose of the surrounding areas' inhabitants or businesses.

20.6 Contractor's business office must be:
(A) Located:
(1) Within a fully enclosed building, excluding a trailer, shed, cargo container, tent, or mobile office; and
(2) On the same property as Contractor's primary storage lot; and (B) Equipped with:
26 (1) An exterior sign, visible to the public from the street and at night, identifying the facility as a towing and storage business; (2) A sanitary, clean, and neat customer waiting area—
measuring not less than forty (40) square feet in floor space— with at least three (3) chairs for customers' use; (3) A sanitary, clean, and neat restroom for customers' use; and (4) A non-pay telephone for customers' use for local calls, and long distance calls with customers’ credit or calling card.

20.7 Contractor's primary storage lot must be:
(A) Located within:
(1) The City of Glendale in an IND, IMU, or IMU-R zone; or (2) One-half (1/2) mile outside of the City of Glendale's incorporated limits;
(B) Equipped with:
(1) An indoor, clean, well-lit, enclosed, temperature-controlled, segregated area with a concrete floor, secured from
unauthorized entry by lock and surveillance camera, for storing at least two (2) police hold vehicles for a period up to seventy- two (72) hours;
(C) At least five thousand (5,000) square feet of accessible and usable space for storing and releasing vehicles covered under this Agreement; (D) Entirely surfaced with either concrete or asphaltic material; (E) Free of holes and decomposed or broken areas;
(F) Fenced;
(G) Lighted during hours of darkness to afford visibility and safety to all portions of the facility; and
(H) Monitored by:
(1) A person or persons, physically present on site, providing surveillance and security detail, twenty-four (24) hours per day, every day of the year, to ensure impounded or stored
27 vehicles and their contents are safe from theft, damage, or destruction; or
(2) Surveillance cameras and other security measures or devices providing maximum protection and operating twenty-four (24) hours per day, every day of the year.

20.8 Contractor's secondary storage lot must be:
(A) Located within:
(1) The City of Glendale in an IND, IMU, or IMU-R zone; or (2) One-half (1/2) mile outside of the City of Glendale's incorporated limits;
(B) At least five thousand (5,000) square feet of accessible and usable space for storing and releasing vehicles covered under this Agreement; (C) Entirely surfaced with either concrete or asphaltic material; (D) Free of holes and decomposed or broken areas;
(E) Fenced;
(F) Lighted during hours of darkness to afford visibility and safety to all portions of the facility; and
(G) Maintained with security measures or devices providing protection, to ensure stored vehicles and their contents are safe from theft, damage, or destruction.

20.9 As an alternative to the separate lots and 5,000 minimum square footage requirements of Paragraphs 20.7(C) and 20.8(B), Contractor may operate the secondary lot within the primary lot's confines, if Contractor acquires, provides, operates, and maintains a primary lot that has ten thousand (10,000) square feet or more of accessible and usable space for storing and releasing vehicles covered under this Agreement. Although Contractor may operate the secondary lot on the same site as the primary lot, the area set aside for the secondary lot must fully conform to the primary lot's requirements in Paragraphs 20.7.

20.10 If Contractor elects to acquire, provide, operate, or maintain a disposal lot, Contractor's disposal lot must be:
(A) Located within:
28 (1) The City of Glendale in an IND, IMU, or IMU-R zone; or (2) One-half (1/2) mile outside of the City of Glendale's incorporated limits; and
(B) Fenced.

20.11 At its primary and secondary storage lots, and disposal lot, Contractor shall provide and maintain adequate off-street parking space for parking, storing, or placing its tow units. On any public property, street, or alley, Contractor and its personnel shall not:
(A) Park, store, or leave a tow unit; and
(B) Allow more than one (1) tow unit to remain at any one (1) location— or within three hundred (300) feet of that same location—for a period of time exceeding one (1) hour.

20.12 Except as Paragraph 20.13 provides, during this Agreement's term.

Contractor shall not:
(A) Relocate or move its business office, primary or secondary storage lots, or disposal lot; or
(B) Rent, lease, or use the business office, primary or secondary storage lots, or disposal lot of another City of Glendale OPTS provider, or any other towing firm, as a substitute or replacement for, or in satisfaction of, the facilities that Contractor must acquire, provide, operate, and maintain under this Agreement.

20.13 Before Contractor can operate a facility at a new location, or before Contractor can rent, lease, or use a facility of another City of Glendale OPTS provider, or any other towing firm, the Chief of Police or a designee shall inspect the facility.

If the Chief of Police or a designee approves the facility, its location, and Contractor's use of it, Contractor will receive written authorization. Contractor shall fully comply with all terms, provisions, restrictions, or conditions that may be included in the authorization.

20.14 Reserved— Required Repairs, Improvements, and Upgrades

20.15 Contractor's failure to comply with the provisions in Paragraphs 20.12, 20.1.3, or

20.14 constitutes Default under Paragraph 56.1 and a breach of this Agreement, upon which City may immediately invoke a remedy listed under Paragraph 56.2, or allowed by law, or both.
29 21. DISPATCH REQUIREMENTS

21.1 Contractor shall have the capability of receiving telephone calls from City and dispatching tow units twenty-four (24) hours per day, every day of the year. At its expense, Contractor shall obtain, operate, and maintain:
(A) A central dispatching facility or service,
(B) A two-way radio, other than citizens band, allowing communication between its dispatcher and its tow unit drivers and operators.

21.2 At its expense, Contractor may equip its tow units with radio receivers to "monitor" the Police Department's transmissions. However, Contractor's radio communication equipment in its tow units must not have the capability of "transmitting" calls on any radio or other communication frequency that Glendale's Police Department transmits or uses.

21.3 Contractor's dispatcher(s):
(A) Shall be available at all times, twenty-four (24) hours a day, every day of the year to receive service calls from City;
(B) Shall answer City's telephone service call within six (6) rings; and (C) Shall provide other services as the Chief of Police or a designee may reasonably require.

22. RESPONSE TIME: TIMEKEEPING AND DELAYS: TOW UNIT DISPATCH LOG

22.1 For purposes of this Agreement, "response time" means the elapsed time between City's tow service request to Contractor and the tow unit's arrival on scene.

22.2 Within its District, Contractor's response time to a Police Department service call must not exceed twenty (20) minutes on any day of the week:

22.3 If a delay in the response time may or will occur, Contractor's dispatcher shall immediately notify the Police Department's communications center, state the reason for the delay, and give the revised or expected arrival time. Upon receipt of that information, City may wait for the tow unit or
30 cancel the request. City may use the services of another City of Glendale OPTS provider, or any other towing firm, without City's incurring any liability to Contractor.

22.4 After a delay in Contractor's response time has occurred, City's Traffic Bureau Commander may require Contractor to provide a written report accounting for the delay(s), or any other dispatch or service related inquiry. Contractor shall submit the written report to the Police Department within ten (10) days of the request, unless the Traffic Bureau Commander specifies a different time period.

22.5 For each tow request by City, Contractor shall maintain a tow unit dispatch log, containing the following information:
(A) The date and time that Contractor received a service call from City;
(B) The time Contractor dispatched its tow unit;
(C) The full name of the tow unit driver or operator whom Contractor dispatched;
(D) The location to which Contractor dispatched its tow unit; and (E) The time of the tow unit's arrival on scene.

23. PRIORITY TO CITY'S CALLS

23.1 Contractor shall give priority service to:
(A) Calls from City; and
(B) A call from a citizen when a child or animal is locked in a vehicle.

23.2 Contractor shall not give priority service to a citizen-requested service call that:
(A) Is merely a convenience to the motorist;
(B) Does not involve:
(1) Public safety; or
(2) Police Department or Fire Department resources on
scene; or
31 (C) Does not describe a situation or accident impairing vehicular traffic movement.

24. NON-OPTS TOW SERVICE REQUEST; BUSINESS SOLICITATION

24.1 Upon the vehicle owner's or driver's request, the police officer at the scene may call the tow service of: an automobile service club, an automobile manufacturer's road side assistance program, a membership organization, or other tow service that is not subject to this Agreement (collectively, a "consensual tow service "), if a traffic hazard or safety hazard does not exist. City shall not incur any liability to Contractor, the vehicle's owner or driver, or any person or entity for calling, or refusing to call, a non-OPTS company to the scene.

24.2 Contractor and its personnel shall not:
(A) Solicit any tow-related business at the scene of an accident, collision, or traffic hazard; or
(B) Park a tow unit, or allow it to remain, within five-hundred (500) feet of the scene of an accident, collision, or traffic hazard, unless the tow unit's driver or operator received a service request from:
(1) City;
(2) The owner or driver of a vehicle involved in the accident, collision, or traffic hazard; or
(3) An insurance adjuster or private repair facility acting on the vehicle owner's or driver's behalf.

25. PLACES TO WHICH VEHICLE MUST BE TOWED

25.1 Contractor's personnel shall inform the owner or driver of a vehicle that:
(A) Contractor will not perform the vehicle's repairs: and (B) Contractor can tow the vehicle to:
(1) A repair facility of the owner's or driver's choice; or (2) Another location other than Contractor's storage lot or garage.
32 25.2 Except for a vehicle impounded or stored at City's request, Contractor's personnel shall:
(A) Ask the owner or driver where to take the vehicle; and (B) Tow the vehicle to the specified destination.

25.3 If the owner or driver declines to specify a destination, is unable to do so, or is not at the scene of removal, Contractor shall tow the
vehicle to Contractor's primary storage lot or other place that City may have approved. After Contractor has determined the vehicle's value, Contractor shall store it at the appropriate storage lot, as Paragraph 20.1 requires.

25.4 For vehicles impounded or stored at City's request, Contractor shall tow the vehicle to Contractor's primary storage lot or other place that City may have approved. After Contractor has determined the vehicle's value, Contractor shall store it at the appropriate storage lot, as Paragraph 20.1 requires.

26. CONTRACTOR'S COERCION

26.1 Contractor and its personnel shall not:
(A) Use coercion or pressure of any kind upon the owner or driver, whose vehicle is covered under this Agreement, to have it towed to Contractor's storage lot or garage;
(B) Waive or rebate towing or storage charges as an inducement to the owner or driver to select Contractor's facility;
(C) Accept any money or anything of value from a repair shop, in exchange for delivering or arranging for the delivery of a vehicle that Contractor does not own, for the purpose of storage or repair, except as California Vehicle Code Section 12110 allows; or
(D) Coerce, unduly influence, or mislead the owner or driver to believe that Contractor must perform a repair.

27. IMPOUNDS: REPORTS: RELEASE

27.1 For vehicles stored or impounded at City's request, the police officer on scene who ordered the storage or impound shall complete an impoundment and storage report (California Highway Form #180). Both the officer and Contractor's tow unit driver or operator shall sign the form, and the tow unit driver or operator will receive a copy of it.
33 27.2 When the Police Department impounds a vehicle for unpaid parking citations, lack of current registration, a violation of the law, or another reason, Contractor and its personnel shall not release the vehicle to the owner or the owner's agent, unless authorized in writing by the police officer, investigator, or supervisor responsible for the vehicle's impoundment.

28. MONTHLY STORAGE REPORTS TO CITY

28.1 For purposes of this Agreement, "personal property" means items that are not permanently installed or affixed to the vehicle, including, but not limited to:
papers, books, transportable cellular telephones, pullout radios or DVD players, cassette tapes, compact or digital video discs, portable radios or stereos, clothes, merchandise, luggage, briefcases, back packs, tools, cameras, or computers.

28.2 For every vehicle towed, stored, or impounded under this Agreement, Contractor shall keep a storage record that lists:
(A) The registered and legal owners' names and addresses, if ascertainable;
(B) The vehicle make, vehicle identification number, and license number;
(C) The location from which the vehicle was towed;
(D) The date and time the vehicle was towed from the location; (E) The name of the officer who ordered the tow;
(F) Whether the vehicle was towed, stored, or impounded at the officer's request;
(G) The date and time that the vehicle arrived at Contractor's facility; (H) The date, time, and the location where Contractor performed an inventory of personal property left in or upon the vehicle; 34 (I) The date, time, and the name of the police officer, investigator, or supervisor who authorized the release of a police hold vehicle; (J) The date, time, name, address, telephone number, and drivers' license number of the person to whom Contractor released the vehicle; and (K) The total amount of all itemized charges and fees collected from the vehicle's owner, the owner's agent, or other person.

28.3 Before the tenth (10th) day of each month, Contractor shall notify the Traffic Bureau Commander in writing of impounded or stored vehicles that Contractor has held for thirty (30) days or more.

29. PROTECTION OF TOWED, STORED, IMPOUNDED VEHICLES AND CONTENTS

29.1 Contractor shall have sole responsibility for the reasonable care, protection, and safekeeping of each towed, stored, recovered, or impounded vehicle, and all articles of personal property left in or upon any portion of the vehicle, until it has been released to its owner or the owner's agent, or disposed of in the manner that the law permits.

29.2 Contractor shall:
(A) Complete and maintain a vehicle inventory report that lists all articles of personal property left in or upon the vehicle;
(B) Lock and secure all vehicles when it is possible to do so; and (C) Identify on the vehicle inventory report any article of personal property removed from the vehicle.

29.3 Except for an impounded vehicle, and except for a police hold vehicle described in Section 30, Contractor shall permit the owner or the owner's agent to remove personal property in or upon any portion of a stored vehicle, other than items constituting vehicle parts.

29.4 For a towed, recovered, impounded, or stored vehicle, Contractor and its personnel shall not:
(A) Move or remove the vehicle from the City of Glendale, for storage or any other reason, unless:
(1) This Agreement authorizes Contractor to operate or maintain its primary lot, or secondary lot, or both, outside the City of Glendale's incorporated limits; or
35 (2) Authorized in writing by the police officer, investigator, or supervisor responsible for the vehicle's towing, recovery, impoundment, or storage;
(B) Move or remove the vehicle's parts, equipment, accessories; or (C) Park, store, or leave the vehicle— temporarily or otherwise-on any public property, street, or alley.

30. PROTECTION, HANDLING OF "POLICE HOLD" VEHICLE AND ITS CONTENTS

30.1 When Contractor stores a police hold vehicle, Contractor shall:
(A) Take all reasonable precautions that the Police Department requires to protect the vehicle and any evidence in or on it (including fingerprints or stains) from dust, dirt, other elements, or sources of contamination; and (B) Follow the Police Department's rules, procedures, orders, or directives for entering, exiting, and securing the area where Contractor stores a police hold vehicle.

30.2 Until authorized in writing by the police officer, investigator, or supervisor responsible for a police hold vehicle, Contractor and its personnel shall not:
(A) Move or remove:
(1) That vehicle from the City of Glendale, for storage or any other reason, unless this Agreement authorizes Contractor to operate or maintain its primary lot, or secondary lot, or both, outside the City of Glendale's incorporated limits;
(2) That vehicle's parts, equipment, or accessories; and (3) An article of personal property in or upon any portion of that vehicle;
(B) Permit any individual to have access to that vehicle; (C) Allow the vehicle's owner, the owner's agent, or any other person to remove or take an article of personal property in or upon any portion of that vehicle; and
(D) Park, store, or leave that vehicle— temporarily or otherwise— on any public property, street, or alley.
36 31. LOSS OR DAMAGE TO VEHICLE ACCESSORIES AND PERSONAL PROPERTY

31.1 For purposes of this Agreement, "custody" means and occurs when, whichever event happens earliest in time:
(A) The tow unit driver or operator, or any other personnel of Contractor, receives the vehicle's door or ignition key; (B) The tow unit, or other equipment, machinery, or tool of Contractor, first connects to any part of the vehicle, regardless of whether the vehicle is upright or raised off the ground;
(C) The tow unit driver or operator, or any other personnel of Contractor, first enters or moves any part of the vehicle; or (D) The vehicle is first placed upon Contractor's tow unit, vehicle, equipment, premises, lot or facility.

31.2 Regardless of the event, circumstance, peril, or person causing or contributing to the loss, damage, or destruction, when Contractor obtains custody of a vehicle, or while it is in Contractor's possession, care, or control:
(A) Contractor is solely responsible for the loss of, or the damage or the destruction to:
(1) The vehicle, or any part of it;
(2) Any of the vehicle's accessories or ancillary equipment; or (3) Any article of personal property left inside, outside, or attached to the vehicle; and
(B) City, its Police Department, and the officers, agents, employees, and representatives of City and its Police Department shall not be liable to the vehicle's owner, driver, or passenger, or to any other person or entity, for:
(1) Any loss of, or damage or destruction to, any one or more of the items of property listed in Paragraph 31.2(A); and
(2) Any direct, indirect, incidental, consequential, or special damages of any kind or nature.
37 32. DAMAGE APPRAISALS

32.1 For the purpose of City's estimating or appraising damages to a vehicle, Contractor shall allow the officers, agents, employees, and representatives of City and its Police Department to enter Contractor's premises and to examine, inspect, and photograph all vehicles stored or impounded at Contractor's storage lots or any other facility.

33. ACCIDENT INVESTIGATION: CLAIM OR LAWSUIT NOTIFICATION

33.1 For a vehicular accident or collision, property damage, bodily injury or accidental death, personal injury, or advertising injury (collectively, "incident") arising out of, or in any way relating to, Contractor's, its personnel's, or a subcontractor's services under this Agreement, Contractor shall:
(A) Assist and cooperate fully with City in its investigation of an incident; and
(B) Complete a written report about an incident and submit it to the Chief of Police or a designee, within five (5) days after the incident's occurrence.

33.2 Within two (2) days after Contractor receives— or is notified about— a claim, or a lawsuit, or both, arising out of, or in any way relating to, services under this Agreement provided or performed by Contractor, its personnel, or a subcontractor, Contractor shall provide City with:
(A) A copy of the claim, or the lawsuit, or both; and
(B) All data, information, and documents that, in any way, relate to the claim, or the lawsuit, or both.

34. TIME LIMITS FOR: CUSTOMER CALLS, VEHICLE RELEASE, AND

CUSTOMERS IN LINE

34.1 Contractor shall have a sufficient number of competent and courteous personnel available:
(A) Twenty-four (24) hours a day, every day of the year, to answer its customer telephone line(s) within:
(1) Three (3) minutes or less of any incoming call, Monday through Friday, between 7:00 a.m. and 6:59 p.m.;
38 (2) Two (2) minutes or less of any incoming call, Monday through Friday, between 7:00 p.m. and 6:59 a.m.;
(3) Three (3) minutes or less of any incoming call, any weekend (all hours); and
(4) Two (2) minutes or less of any incoming call, any legal holiday, as listed in Municipal Code Section 3.08.010 or California's Government Code;
(B) Twenty-four (24) hours a day, every day of the year, to release a vehicle at the request of the vehicle's owner or agent, or City's Police Department, within:
(1) Thirty (30) minutes of the request on any Monday
through Friday between 7:00 a.m. and 6:59 p.m.;
(2) One (1) hour of the request on any Monday through Friday between 7:00 p.m. and 6:59 a.m.;
(3) One (1) hour of the request on any weekend (ail hours); and (4) One (1) hour of the request on any legal holiday, as listed in Municipal Code Section 3.08.010 or California's Government Code: and
(C) At its business office, to ensure that no more than:
(1) Three (3 ) customers are in line, and no customer has to wait in line for more than ten (10) minutes, between 7:00 a.m. and 6:59 p.m., on any day of the week, except for a legal holiday, as listed in Municipal Code Section 3.08.010 or California's Government Code: or
(2) Six (6) customers are in line, and no customer has to wait in line for more than twenty (20) minutes, between 7:00 a.m. and 6:59 p.m., on a legal holiday, as listed in Municipal Code Section

3.08.010 or California's Government Code.

34.2 Contractor's personnel, who answer customer telephone calls concerning a vehicle's release, shall provide all of the following information to the caller:
(A) The address, with directions, of the business office where the vehicle's owner or the owner's agent will pay any fees or charges; (B) The address, with directions, of the storage lot where Contractor will release the vehicle;
39 (C) The documentation required for obtaining the vehicle's release; (D) The total amount of all assessed charges and fees; and (E) The methods of payment.

35. CUSTOMER SERVICE COMPLAINTS: PROCEDURES: RESPONSE

35.1 Within one-hundred-eighty (180) days after Contractor signs this Agreement, and upon City's request anytime during this Agreement's term, Contractor shall provide City with Contractor's:
(A) Written process and procedures for investigating, tracking, and resolving a customer's:
(1) Service complaint;
(2) Claim for a refund of Contractor’s charges or fees; and (3) Claim for vehicular damage or theft.
(B) Complaint and damage/theft claim forms.

35.2 Contractor's process, procedures, and forms are subject to City's written approval. At any time during this Agreement's term, City may require Contractor to modify them, and Contractor shall make the required changes.

35.3 Contractor shall respond in writing to a customer's service complaint or damage/theft claim, within ten (10) days after Contractor's having received it. At any time, upon City's request, Contractor shall furnish the Chief of Police or a designee with a copy of the customer's complaint or damage/theft claim, Contractor's written response to it, and all other documents related to it.

36. SERVICES FOR CITY

36.1 Upon City's request, Contractor shall provide City with:
(A) Towing and storing for all City vehicles— including refuse haulers, fire trucks, ambulances, and inoperative City vehicles— located within Glendale or within five (10) miles outside of City's incorporated limits; (B) Routine roadside services, including, but not limited to:
40 (1) Unlocking a vehicle;
(2) Inflating or changing tires;
(3) Providing gasoline; or
(4) Jump starting a battery;
(C) Storage— for up to twelve (12) months— for a maximum of seven (7) vehicles that City needs to hold for investigation, evaluation, evidence, court proceedings, or other lawful reason; and (D) Towing and storage services, when City requests them, for special community events that City organizes, sponsors, or operates. (E) Removal and disposal of abandoned vehicles.

36.2 When Contractor performs one or more of the services listed in Paragraph 36.1, City shall reimburse Contractor according to the provisions described in Paragraph 37.4.

37. RATES, FEES AND CHARGES

37.1 Contractor's rates, charges, and fees for towing, storing, or performing other services covered under this Agreement:
(A) Must be uniform and reasonable; and
(B) Must not exceed the rates, charges, and fees set forth in the "Schedule of Rates and Charges for the City of Glendale's Official Police Tow Services" ("Schedule"), which is attached as Exhibit "B," and is fully incorporated into this Agreement by this reference.

37.2 Contractor shall not collect from a person seeking the release of a vehicle covered under this Agreement:
(A) Any amount exceeding the Schedule's rates, charges, and fees; or (B) Additional charges for special equipment or services necessary to prepare vehicles for towing or storage, except as the Schedule provides.

37.3 When a person seeks a vehicle's release, Contractor shall:
(A) Provide the person with an itemized statement of the services performed, labor rendered, and the corresponding charges; and 41 (B) Furnish the person with the itemized statement without demanding payment as a condition for receiving the statement.

37.4 When this Agreement or the law requires City to pay or reimburse Contractor for towing, road service, impoundment, storage, or any other services:
(A) City shall pay Contractor the daily rate for each service item listed in the Schedule;
(B) At Contractor's discretion or election, Contractor may reduce, or waive in full, any one or more of the following:
(1) The daily rate for each service item; or
(2) The total amount for all service items; and
(C) City shall not be liable to Contractor for interest or late charges for a late payment.

37.5 Contractor shall:
(A) Collect all towing, transporting, road service, storage, lien sale, and other charges that this Agreement or the law allows from the vehicle's owner or the owner's agent, or from a person, firm, entity, or organization who lawfully must pay the charges or fees; and
(B) From the monies collected under Paragraph 37.5(A), pay its subcontractor who, under Paragraph 19.3, provides Contractor with Heavy Duly tow truck (Class C) services or Super Heavy Duty tow truck (Class D) services.

37.6 Except as this Agreement or the law provides, City and its Police Department and the officers, agents, employees, and representatives of City and its Police Department shall not be liable to any one or more of the following persons, firms, or entities for payment, nonpayment, or reimbursement of a fee or a charge that Contractor and its personnel can collect under this Section:
(A) Contractor, its personnel, or its subcontractor;
(B) The vehicle's owner or the owner's agent; or
(C) A person, firm, entity, or organization who pays the fee or the charge.
42 37.7 When Contractor tows a vehicle from private property at the request of either the property's owner or anyone else— other than the vehicle's owner or driver— ("private tow"):
(A) Contractor tows the vehicle as an independent entity and not in any relation to City:
(B) Contractor shall:
(1) Comply with the laws, rules, regulations, orders, and procedures for a private tow under applicable federal law, or state law, or both; and
(2) Charge only lawful rates or fees for a private tow under applicable federal law, or state law, or both; and
(C) Contractor's personnel shall not:
(1) Verbally identify themselves as City of Glendale OPTS; or (2) Wear clothing with City's name or corporate seal.

38. RATES, FEES AND CHARGES – ADJUSTMENT

38.1 During this Agreement's term, Contractor may submit to the Chief of Police a written request for a change of rates. In its rate adjustment request, Contractor shall list the current charges or rates and the proposed charges or rates. City may require Contractor to provide City with verifiable profit or loss information before City evaluates the rate adjustment request. The proposed rates must not exceed the maximum towing, storage, and labor charges that the City of Los Angeles Police Commission adopts for its Official Police Garages whose contracts are on an "open bid" basis.

38.2 Within sixty (60) days after receiving Contractor's rate adjustment request, the Chief of Police or a designee, shall grant or deny the request. If the rate adjustment is approved, the Chief of Police shall select the day on which the new charges will go into effect.

39. RATES, FEES, AND CHARGES - DISPUTES

39.1 A person whose vehicle is subject to the rates, fees, or charges set forth in this Agreement, and who disputes the charges listed in Contractor's itemized bill, may file a Claim for Damages with City. City’s decision as to that Claim is final and binding on Contractor, and non-appealable by Contractor. 43 40.REQUIRED FORMS OF PAYMENT

40.1 As payment for Contractor's services— including towing, roadside assistance, storage, lien sale, or any other service, charge, fee, or expense covered under this Agreement— Contractor:
(A) Shall accept from the vehicle's owner, the owner's agent, or any other person who lawfully must pay the rates, fees, or charges set forth in this Agreement, all of the following:
(1) Cash;
(2) Bank or financial institution debit card; and
(3) Credit card, including but not limited to: MasterCard, Visa, American Express, Discover; and
(B) May accept from the vehicle's owner, the owner's agent, or any other person who lawfully must pay the rates, fees, or charges set forth in this Agreement, any one or more of the following:
(1) Travelers' check;
(2) Money order, cashier's check, bank's certified check; or (3) Personal check printed with the name and address of the vehicle's owner or the owner's agent.

40.2 Contractor shall not impose a surcharge on a credit card transaction, although Contractor may offer a discount on its charges for payment by cash, check, or other means not involving the use of a credit card, as described in California Civil Code Section 1748.1.

40.3 For purposes of payment only, one (1) picture identification constitutes sufficient identity verification. Contractor shall not require the vehicle's owner or the owner's agent to furnish more than one (1) form of identification for any form of payment described in Paragraph 40.1.
44 41. DOCUMENTS THAT MUST BE POSTED

41.1 At its business office and all storage lots, Contractor shall post in a conspicuous location, easily visible to the public, the following documents, printed in a minimum of 11-point type:
(A) A complete copy of this Agreement;
(B) Procedures for a customer's filing a service complaint or a damage/theft claim with Contractor;
(C) The name, address, and telephone number of Contractor's insurance agent or broker who issued the insurance policies that this Agreement requires;
(D) The Schedule of Rates and Charges for the City of Glendale's Official Police Tow Services;
(E) A notice about auction sales of unclaimed vehicles:
(1) Explaining the procedure by which all unclaimed vehicles are sold at a public auction;
(2) Identifying the auctions' locations and the publications that advertise the auctions; and
(3) Stating that all in attendance at the auction have an equal opportunity to bid;
(F) A notice about the hearing rights of a vehicle owner whose vehicle has been impounded:
(1) Setting forth the provisions of California Vehicle Code Sections 12110 and 22852; and
(2) Showing the location on a map where the vehicle owner or the owner's agent may request an impound hearing; and
(G) A copy of Chapters 10.55 and 10.56 of City's Municipal Code.

42. LIEN SALES AND VEHICLE DISPOSAL

42.1 Contractor shall:
45 (A) Comply with all (federal, state, county, local, City) laws, rules, regulations, orders, and procedures governing the disposal of unclaimed vehicles; (B) Have sole responsibility for handling and processing all lien sales for vehicles that it towed or stored; and
(C) Begin lien sale "preparation" only after a vehicle has remained unclaimed for a minimum of five (5) consecutive days, not counting the day that Contractor received the vehicle.

42.2 Contractor may charge a "fee," or a "processing fee," for lien sale preparations, subject to:
(A) The time limitation of Paragraph 42.1 (C); and
(B) The fee limitations and other requirements in California Civil Code Sections 3068.1 to 3074, inclusive, and California Vehicle Code Sections 14602.6, 14607.6, 22851 to 22851.12, inclusive.

42.3 Lien sale preparation charges or processing fees must not:
(A) Commence earlier than the time specified in Paragraph 42.1(C) or state law, whichever provision requires a longer waiting period; and (B) Exceed the maximum amount set by state law.

42.4 If Contractor assesses or imposes lien sale preparation charges or a processing fee, Contractor shall maintain evidence to document that it did in fact begin lien sale procedures.

42.5 Contractor shall not junk, dispose, or conduct a lien sale of a vehicle having an "evidentiary impound" status, without first obtaining the Police Department's written authorization. Before Contractor may conduct a lien sale of that vehicle, the Police Department must reclassify the vehicle's status from "evidentiary impound" to "stored." The reclassification is for the purpose of only facilitating a lien sale or the vehicle's junking or disposal.

42.6 For purposes of this Agreement, "a vehicle having an 'evidentiary impound' status" means a vehicle that the Police Department holds as evidence or for any other evidentiary purpose.

42.7 At any time, upon City's request, Contractor shall furnish the Chief of Police or a designee with Contractor's lien sale records. 46 43. VEHICLE TOWING ADMINISTRATIVE COST RECOVERY FEE

43.1 (A) Under Municipal Code Section 10.55.100, Contractor shall:
(1) On or before the PAYMENT DUE dates listed in Paragraph 43.2, remit quarterly to City the Vehicle lowing Administrative Cost Recovery Fee ("VTACR Fee") for each vehicle, during the preceding calendar quarter, which Contractor towed;
(2) Disclose on City's quarterly reporting form the total:
(a) Number of vehicles, during the preceding
calendar quarter, that Contractor:

1. Towed;

2. Towed and then lien sold, but the vehicle had an
appraised value of less than $300.00 before the
lien sale; and

3. Towed and then lien sold, but received insufficient
sale proceeds to pay Contractor's total charges
and administrative costs;
(b) Amount of the VTACR Fee, during the preceding calendar quarter, that Contractor collected from the towed vehicles' owners and operators; and
(c) Amount of the VTACR Fee that Contractor is paying to City; and
(3) Submit to the Director of Finance:
(a) A completed quarterly reporting form, signed under the penalty of perjury by an officer of Contractor; and
(b) The quarterly payment of the VTACR Fee.
(B) On this Agreement's effective date, the Citywide Fee Schedule in effect sets the fee at $300.00 per vehicle. 47 43.2 Under Resolution No. 07-219, Section 3, the VTACR Fee's PAYMENT DUE dates and DELINQUENT dates are as follows:

QUARTERS 3-MONTH PAYMENT DELINQUENT

PERIOD DUE
1st Quarter Jan-Feb-Mar April 1 May 1
2nd Quarter April-May-June July 1 August 1
3rd Quarter July-August-Sept October 1 November 1
4th Quarter Oct-Nov-Dec January 1 February 1

43.3 Contractor shall pay City:
(A) By business check, cash, certified check, or money order; and (B) The full amount of the VTACR Fee when due and owing, even if Contractor believes that any one or more of its payments may be subject to a counterclaim, setoff, deduction, or defense. By paying the VTACR Fee, Contractor does not waive any right or remedy that Contractor may have under the law or this Agreement.

43.4 Paying the VTACR Fee is an obligation that Contractor unconditionally owes City. However, at its option, Contractor may charge a vehicle's owner or operator the VTACR Fee:
(A) Upon Contractor's request, an owner or an operator, whose vehicle Contractor towed, shall pay the full amount of the VTACR Fee to Contractor; and
(B) When Contractor collects the VTACR Fee from an owner or an operator, Contractor shall hold each collected VTACR Fee payment in trust for City's account, until Contractor remits the collected sum to City.

43.5 Contractor shall not:
(A) Remit to City the VTACR Fee, for a vehicle that Contractor towed, under any of the following circumstances:
(1) When Contractor lien sells the vehicle, and:
(a) The vehicle's appraised value is less than
$300.00 before the lien sale; or
(b) The lien sale proceeds are insufficient to pay
Contractor's total charges and administrative costs; or 48 (2) When Contractor does not collect the VTACR Fee from an owner or an operator for a reason listed in Paragraph 43.5(B). (B) Collect from an owner or an operator the VTACR Fee under Paragraph

43.4, for a vehicle that Contractor towed, under any of the following circumstances:
(1) When the vehicle was:
(a) Reported stolen and recovered.
(b) Driven or taken without the owner's or the operator's express or implied permission, and the vehicle was
evidence of a crime, contained evidence of a crime, or was part of a criminal investigation.
(c) Impounded in error.
(2) When a court orders a waiver of the VTACR Fee.
(3) When state law or the Municipal Code exempts or excludes an owner or an operator from paying a VTACR Fee.

43.6. City may accept a check, cash payment, or money order marked "payment in full," or words of similar effect, without City's waiving its right to collect from Contractor the full amount of the VTACR Fee that Contractor owes City. Upon City's receipt of a VTACR Fee payment, or a VTACR Fee reporting form, or both, City reserves its right to review and contest the amount, sufficiency, or accuracy of the payment; or the data or information on the reporting form; or both.

43.7 For a period of three (3) years following its quarterly VTACR Fee payment to City, Contractor shall maintain true, accurate, and correct written records that reflect:
(A) The number of vehicles, during the preceding calendar quarter, that Contractor:
(1) Towed;
(2) Towed and then lien sold, but the vehicle had an appraised value of less than $300.00 before the lien sale; and
(3) Towed and then lien sold, but received insufficient sale proceeds to pay Contractor's total charges and
administrative costs;
49 (B) The date and the amount of each VTACR Fee payment that Contractor collected from the owner or operator whose vehicle Contractor towed; and
(C) The name, address, and telephone number of the person who paid the VTACR Fee to Contractor.

43.8 At any time, upon City's request, Contractor shall furnish the Chief of Police, the Director of Finance, or either one's designee, all documents, data, information, and records concerning Contractor's collection, calculation, or payment of the VTACR Fee.

43.9 City may audit Contractor's records to verify that Contractor properly collected, calculated, or paid the VTACR Fee. If the result of City's audit shows:
(A) A VTACR Fee underpayment of less than five percent (5%) of the full amount that Contractor actually owed, or a VTACR overpayment, City shall pay its own costs related to the audit.
(B) A VTACR Fee underpayment of five percent (5%) or more of the full amount that Contractor actually owed, Contractor shall pay to the Director of Finance all of the following:
(1) The underpayment amount ("VTACR Fee Underpayment or Shortfall"), as determined by City's audit;
(2) An administrative cost recovery charge for all costs and expenses that City incurs in performing an audit of
Contractor's payment of the VTACR Fee ("VTACR Audit
Charge"); and
(3) A penalty assessment equal to ten percent (10%) of the VTACR Fee Underpayment or Shortfall ("VTACR Penalty
Assessment Fee").
(C) A VTACR Fee underpayment of ten percent (10%) or more, City may treat Contractor's underpayment as Default under Paragraph

56.1 and a breach of this Agreement, upon which City may immediately invoke a remedy listed under Paragraph 56.2, or allowed by law, or both.

43.10 Under Municipal Code Section 10.55.140 and the Citywide Fee Schedule in effect, Contractor shall pay to the Director of Finance a VTACR Late Payment Fee, in the form of interest, under any one or more of the following circumstances:
50 (A) When Contractor pays the VTACR Fee more than thirty (30) days beyond the PAYMENT DUE date, as set forth as set forth in Paragraph 43.2, City will calculate the interest as follows:

Until Contractor pays the unpaid amount in full, interest accrues each day on the unpaid amount owed, beginning on the DELINQUENT date listed in Paragraph 43.2 and using
the interest rate described in Paragraph 43.11;
(B) When Contractor owes a VTACR Fee Underpayment or
Shortfall, City will calculate the interest as follows:

Until Contractor pays the unpaid amount in full, interest accrues each day on the unpaid amount owed, beginning on the PAYMENT DUE date on which the full VTACR Fee was
originally owed, as set forth as set forth in Paragraph 43.2, and using the interest rate described in Paragraph 43.11; or (C) When Contractor fails to pay the VTACR Audit Charge or the VTACR Penalty Assessment Fee on or before its due date, as set forth in City's written notice to Contractor, describing the audit result and listing the total VTACR Fee Underpayment or Shortfall, City will calculate the interest as follows:

Until Contractor pays the unpaid amount in full, interest accrues each day on the unpaid amount owed, beginning on the day after its due date and using the interest rate
described in Paragraph 43.11.

43.11 The Citywide Fee Schedule in effect sets interest at the rate below, using whichever rate is lower:
(A) An annual rate equal to twelve percent (12%) per annum; or (B) The maximum rate applicable law permits.

43.12 City may do any one or more of the following during this Agreement's term:
(A) Modify the rate or the amount of a fee or a charge in Section 43; (B) Change a PAYMENT DUE date or a DELINQUENT date in Section 43; or
(C) Establish an alternative fee or charge if City cannot assess it because of a subsequent change in federal, state, or local law. 51 43.13 Contractor is subject to all future City Council Ordinances, or Resolutions, or both, amending or deleting the fees, charges, and payment/delinquent dates described in Section 43, and adding new ones, as the City Council deems necessary or appropriate. City shall give Contractor thirty (30) days advance written notice before a change in a fee, a charge, or a new payment/delinquent date takes effect.

43.14 On the date of this Agreement's expiration, cancellation, or termination, or on the date that Contractor closes its business or ceases operations, Contractor shall pay the quarterly VTACR Fee and submit the VTACR Fee reporting form, fully complying with the requirements of Paragraph 43.1. City shall pro-rate the VTACR Fee's amount based on this Agreement's expiration, cancellation, or termination date.

43.15 Contractor's failure to comply with all of the provisions in Section 43 constitutes Default under Paragraph 56.1 and a breach of this Agreement, upon which City may immediately invoke a remedy listed under Paragraph 56.2, or allowed by law, or both.

43.16 Contractor's obligations under Section 43 survive this Agreement's expiration, cancellation, or termination.

44. MEETINGS TO RESOLVE PROBLEMS

44.1 At least once during a calendar quarter and upon a Party's request at any time, a representative from the Police Department and from Contractor shall meet, at a location, date, and time mutually agreed upon, for the sole purpose of discussing and resolving matters affecting the implementation of this Agreement.

44.2 During the meeting, the Parties shall not renegotiate or modify an existing term in this Agreement. This provision is separate and distinct from Paragraph

65.3—modifying this Agreement by written amendment— and from any other remedy stated elsewhere in the Agreement.

45. CONFLICT OF INTEREST; CAMPAIGN CONTRIBUTIONS

45.1 Contractor represents and certifies that:
(A) Contractor's personnel are not currently officers, agents, employees, representatives, or elected officials of City; (B) Contractor will not employ or hire a City officer, agent, employee, representative, or elected official during this Agreement's term: and 52 (C) City's officers, agents, employees, representatives, and elected officials do not, and will not, have any direct or indirect financial interest in this Agreement.
(D) During this Agreement’s term, Contractor will inform City about any possible conflict of interest that may arise as a result of any changes in circumstances.

45.2 Campaign Contributions:
(A) Contractor and its subcontractors shall fully comply with Glendale Municipal Code Section 1.10.060, which places limitations on Contractor’s and its subcontractors’ ability to make campaign contributions to certain elected City officials or candidates for elected City office. Specifically, Section 1.10.060 prohibits:
(1) A consultant (including a subconsultant)― who has a contract with the City of Glendale, Glendale Successor Agency, or the Housing Authority of the City of Glendale and that contract is subject to approval by the City Council, Successor Agency, or Housing Authority― from making a contribution to a City Council member, City Clerk, or City Treasurer, when the contract has a total anticipated or actual value of $50,000 or more, or a combination or series of contracts having a value of $50,000 or more; and (2) A City Council member, Successor Agency member, or Housing Authority member from voting on a contract in which a consultant (or a subconsultant) has provided a campaign contribution. (B) Contractor acknowledges that even if the cost of this Agreement is less than $50,000, Contractor still may be subject to the campaign contribution limitations in Municipal Code Section 1.10.060, when:
(1) Contractor and City amend the services in this Agreement which increases the cost to equal or exceed $50,000; or (2) City, Glendale Successor Agency, or the Housing Authority awards Contractor another contract which has a total anticipated or actual value of $50,000 or more, or awards Contractor a combination or series of contracts which have a value of $50,000 or more.
(C) Contractor represents and certifies that:
53 (1) Contractor has read and fully understands the provisions of Municipal Code Section 1.10.060;
(2) Contractor will not: (a) make a prohibited campaign contribution to an individual holding CITY elective office; or (b) otherwise violate Municipal Code Section 1.10.060; and (3) Contractor shall timely complete, return, and update one or more disclosure or reporting forms that City provides.

46. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE

46.1 At its own expense, Contractor shall obtain, pay for, and maintain during this Agreement's term "occurrence" insurance policies, listed below, to fully protect Contractor and City from claims and suits for bodily injury, personal injury, advertising injury, property damage, and medical payments. Each policy below must add the City of Glendale, and its officers, agents, employees, and representatives (collectively, "its representatives") as additional insureds:
(A) COMMERCIAL GENERAL LIABILITY, covering the following exposures:
(1) Contractual Liability;
(2) Premises and Operations;
(3) Broad Form Property Damage;
(4) Explosion, Collapse and Underground:
(5) Products-Completed Operations;
(6) Independent Contractors; and
(7) Personal and Advertising Injury; and
(B) BUSINESS AUTOMOBILE LIABILITY for all vehicles, whether rented, leased, hired, scheduled, owned or non-owned, with an endorsement covering the following exposures:
(1) GARAGEKEEPERS LEGAL LIABILITY, protecting:
(a) A vehicle from loss or damage while the vehicle is in Contractor's care, custody, or control: and
54 (b) A vehicle with collision coverage and "all risks" (comprehensive) coverage;
(2) ON-HOOK LIABILITY, protecting a vehicle from loss or damage while Contractor tows or transports the vehicle; (3) CARGO LIABILITY, protecting:
(a) A vehicle from loss or damage while Contractor
transports the vehicle on a flatbed or other carrier; and (b) A vehicle's contents or cargo from loss or damage
while Contractor tows, transports, or stores the
vehicle;
(4) UNINSURED MOTORIST - BODILY INJURY, protecting a
vehicle's owner or operator from bodily
injury while as a passenger in Contractor's tow unit;
and
(5) POLLUTION LIABILITY, protecting against a sudden and non- sudden discharge, dispersal, seepage, migration, release, or escape of a hazardous or toxic substance, waste, or pollutant while Contractor tows, transports, or stores a vehicle.

46.2 During this Agreement's term, Contractor shall maintain the insurance described in Paragraph 46.1 in the following amounts:
(A) COMMERCIAL GENERAL LIABILITY INSURANCE in an amount not less than:
(1) $1,000,000 per occurrence for bodily injury (including accidental death) to any one person;
(2) $1,000,000 per occurrence for personal and advertising injury to any one person;
(3) $ 1,000,000 per occurrence for properly damage; and (4) $ 1,000,000 general aggregate limit;
(B) BUSINESS AUTOMOBILE LIABILITY INSURANCE in an amount not less than:
(1) $1,000,000 per occurrence for bodily injury (including accidental death) to any one person; and
(2) $1,000,000 per occurrence for property damage; or
55 (3) $2,000,000 combined single limit (CSL);
(C) GARAGEKEEPERS LEGAL LIABILITY INSURANCE in an amount not less than $250,000 for each location from which Contractor furnishes services under this Agreement;
(D) ON-HOOK INSURANCE in an amount not less than:

TOW TRUCK OR
FLATBED CARREER:

MINIMUM LIMIT
PER VEHICLE:
(1) CLASS A $100,000
(2) CLASS B $100,000
(3) CLASS C $250,000
(4) CLASS D $250,000;
(E) CARGO INSURANCE In an amount not less than $ 100,000 per vehicle;
(F) UNINSURED MOTORIST - BODILY INJURY INSURANCE in an
amount not less than $60,000 each accident; and
(G) POLLUTION LIABILITY INSURANCE in an amount not less than $250,000 each accident.

46.3 With City's written authorization, Contractor may obtain "Garage Coverage Form" liability insurance, with a "Broadened Coverage -Garages" endorsement, as a substitute for a Commercial General Liability policy, or a Business Automobile Liability policy, or both, if the "Garage Coverage Form" policy meets or exceeds:
(A) The coverages and limits described in Paragraphs 46.1 and 46.2; and (B) All other requirements and conditions for insurance described in Section 46.

46.4 During this Agreement's term, the insurance company issuing the policy must meet all three of these requirements:
(A) It must be an "admitted" insurer in the State of California, or must be listed on the California Department of Insurance's "List of Eligible Surplus Line Insurers" (LESLI);
56 (B) It must be domiciled within, and organized under the laws of, a state of the United States; and
(C) It must carry an A.M. Best & Company minimum rating of "A:VII."

46.5 Despite a conflicting or contrary provision in Contractor's insurance policy:
(A) If Contractor's insurance company adds City and its representatives as additional insureds, then for all acts, errors, or omissions of City, or its representatives, or both, that insurer shall:
(1) Pay those sums that City, or its representatives, or both, become legally obligated to pay as damages; and
(2) Defend— and pay the costs of defending— City, or its representatives, or both;
(B) Contractor's insurance is primary;
(C) Other insurance (whether primary, excess, contingent, self- insurance, or any other basis) available to City, or its representatives, or both, is excess over Contractor's insurance;
(D) City's insurance, or self-insurance, or both, is non- contributory;
(E) Contractor and Contractor's insurance company waive— and shall not exercise— any right of recovery or subrogation that Contractor or the insurer may have against City, or its representatives, or both; (F) Contractor's insurance policy applies separately to each insured or additional insured, who is seeking coverage, or against whom a claim is made or a suit is brought, except that the naming of multiple insureds will not increase the insurance company's limits of liability; (G) Contractor's insurance policy applies to a claim or a suit brought by an additional insured against a Named Insured or another insured, arising out of bodily injury, personal injury, advertising injury, or property damage; (H) Contractor's insurance company shall mail City written notice at least thirty (30) days in advance of the policy's cancellation, termination, or reduction of coverage; and
(I) City is not liable for a premium payment or another expense under Contractor's insurance policy.
57 46.6 With this Agreement, Contractor shall deliver to City a "certificate of insurance" and an '"additional insured endorsement" (collectively, "evidence of liability coverage")— on forms satisfactory to the City Attorney or City s Risk Manager, and signed by the insurance carrier or its authorized representative— which fully meet the requirements of, and contain provisions entirely consistent with, Section 46.

46.7 The "certificate of insurance'" and "additional insured endorsement" must state:
"The City of Glendale, and its officers, agents, employees, and representatives are added as additional insureds under the policy(s).

This insurance is primary. The City's insurance or self-insurance is non-contributory. The insurance afforded under the policy(s) applies separately to each insured against whom a claim is made or a suit is brought. The issuing company shall mail thirty (30) days advance notice to the City for the policy's cancellation, termination, or reduction of coverage."

46.8 A deductible or self-insured retention is subject to City's review, or approval, or both. The insurance company or its authorized representative must state either on the insurance certificate or in a separate correspondence:
(A) The amount of the deductible, or self-insured retention, or both; (B) Whether a limit of insurance has been lowered by any pending or paid claim; and
(C) The current limit amount, as lowered by the pending or paid claim.

46.9 At any time during this Agreement's term, City may do any one or more of the following:
(A) Review this Section's insurance coverage requirements; or (B) Require that Contractor:
(1) Obtain, pay for, and maintain more or less insurance depending on City's assessment of any one or more of the following factors:
(a) City's risk of liability or exposure arising out of, or in any way connected with, Contractor's services under this
Agreement;
58 (b) The nature or number of accidents, claims, or lawsuits arising out of, or in any way connected with,
Contractor's services under this Agreement; or
(c) The availability, or affordability, or both, of
increased liability insurance coverage;
(2) Reduce or eliminate a deductible or self-insured
retention as it applies to City; or
(3) Obtain, pay for, and maintain a bond (as a replacement for an insurance coverage) from a California corporate surety, guaranteeing payment to City for liability, or costs, or both, that City incurs during City's investigation, administration, or defense of a claim or a suit arising out of this Agreement.

46.10 This Section's insurance provisions:
(A) Are separate and independent from the indemnification and defense provisions in Section 49; and
(B) Do not limit, in any way, the applicability, scope, or obligations of the indemnification and defense provisions in Section 49.

46.11 Section 46 survives this Agreement's expiration, cancellation, or termination.

47. WORKERS' COMPENSATION INSURANCE

47.1 For the purpose of workers' compensation liability, Contractor acknowledges that all persons furnishing services to City under this Agreement are employees solely of Contractor and not of City.

Contractor is solely responsible and liable for:
(A) Furnishing workers' compensation benefits to its personnel, or anyone Contractor directly or indirectly hires, employs, or uses; and (B) Injuries arising out of, or connected with, the work, services, or operations performed on Contractor's behalf.

47.2 At its own expense, Contractor shall obtain, pay for, and maintain during this Agreement's term:
(A) Complete workers' compensation insurance, meeting or exceeding the coverages and amounts that California law requires; and
59 (B) Employer's Liability insurance in an amount not less than:
(1) $1,000,000 per accident for bodily injury or disease; (2) $1,000,000 per employee for bodily injury or disease; and (3) $1,000,000 policy limit.

47.3 With this Agreement, Contractor shall deliver to City either an insurance certificate or a certificate of consent to self-insure ("evidence of workers' compensation coverage").

47.4 Despite a conflicting or contrary provision in Contractor's insurance policy or self- insurance program, Contractor's workers' compensation insurance company or self-insurance administrator shall mail City written notice at least thirty (30) days in advance of the policy's or the self-insurance program's expiration, cancellation, termination, non-renewal, or reduction of coverage.

47.5 City shall not be liable to Contractor's personnel, or anyone Contractor directly or indirectly hires, employs, or uses, for a claim at law or in equity arising out of Contractor's failure to comply with the workers' compensation insurance requirements in Section 47.

47.6 Section 47 survives this Agreement's expiration, cancellation, or termination.

48. EVIDENCE OF INSURANCE: SUBCONTRACTORS: FAILURE TO

MAINTAIN INSURANCE

48.1 City will neither sign this Agreement nor issue Contractor a "Notice to Proceed" until the City Attorney or City's Risk Manager has reviewed and approved the insurance documents that Sections 46 and 47 require. City's decision as to the acceptability of all insurance documents is final. Without City's written authorization, City will not permit or allow a substitution of an insurance policy, or the form of a certificate or an endorsement, or both.

48.2 At any time, upon City's request, Contractor shall furnish City with a complete, certified copy of Contractor's insurance policy or policies— including certificates, endorsements, renewals, replacements, or documents comprising Contractor's self-insurance program— all in a form and content acceptable to the City Attorney or City's Risk Manager.

48.3 If Contractor hires, employs, or uses a subcontractor to perform the services either described in Paragraph 19.3 or permitted elsewhere in this Agreement, Contractor shall ensure that the subcontractor:
60 (A) Meets, and fully complies with, all insurance requirements in Sections 46 and 47;
(B) Delivers to City for City's review, or approval, or both:
(1) Evidence of liability coverage; and
(2) Evidence of workers' compensation coverage; and
(C) Furnishes City, at any time upon its request, with a complete copy of the subcontractor's insurance policy or policies-including certificates, endorsements, renewals, replacements, or documents comprising subcontractor's self-insurance program— all in a form and content acceptable to the City Attorney or City's Risk Manager.

48.4 Contractor shall not allow the insurance— which Sections 46 and 47 require— to expire, cancel, terminate, lapse, or non-renew. Twenty-one (21) days before the insurance policies or self-insurance program's expiration, cancellation, termination, revocation, or nonrenewal.

Contractor shall deliver to City:
(A) Evidence of liability coverage as proof that Contractor's insurance has been renewed or replaced with another insurance policy which, during this Agreement's term, meets all insurance requirements under Section 46; and
(B) Evidence of workers' compensation coverage as proof that Contractor's insurance has been renewed or replaced with another insurance policy which, during this Agreement's term, meets all insurance requirements under Section 47.

48.5 In the interest of maintaining essential public safety services, and at its sole discretion, City may obtain or renew Contractor's insurance, and City may pay all or part of the premium. City's election to obtain, renew, or pay for Contractor's insurance is in addition to any remedy listed under Paragraph

56.2, or allowed by law, or both. Upon demand, Contractor shall repay and reimburse City for all sums or monies that City paid to obtain, renew, or reinstate Contractor's insurance. City may offset the cost of the premium against any sums or monies that City may owe Contractor.

48.6 Contractor's failure to comply with any one or more of the provisions in Section 46, or 47, or both, constitutes Default under Paragraph 56.1 and a breach of this Agreement, upon which City may immediately invoke a remedy listed under Paragraph 56.2, or allowed by law, or both.

49. INDEMNIFICATION

49.1 To the fullest extent that the law permits, Contractor shall indemnify, defend, and hold harmless City and its Police Department-including, each one's officers, 61 agents, employees, and representatives (individually and collectively, "City Indemnitee")— from and against any and all:
(A) Liability, claims, suits, actions, proceedings (including arbitration, mediation, administrative, regulatory), judgments, liens, injuries, losses, accidents, or damages (collectively, "liability"), whether the liability is:
(1) In contract or in tort;
(2) Imposed by law on City Indemnitee in the absence of a contract or agreement;
(3) Such that Contractor would have in the absence of a contract or agreement;
(4) For bodily injury (including accidental death), personal injury, advertising injury, or property damage;
(5) Actual, alleged, or threatened;
(6) False, fraudulent, or groundless; and
(B) Fees, costs, sums, or expenses of any kind (collectively, "expenses") including, but not limited to:
(1) Attorneys' fees;
(2) Defense costs, litigation costs, court costs, appeal costs; (3) Arbitration, mediation, administrative, or regulatory proceeding costs;
(4) Accountant, expert witness, or another professional's; (5) Investigation costs;
(6) Pre- or post-judgment or settlement interest;
(C) Liability, or expenses, or both, caused by, or arising out of, or in any way related to, or in any way connected with— whether in whole, in part, temporarily, or otherwise— any one or more of the following:
(1) This Agreement;
(2) An act, error, or omission of:
(a) Contractor, its officers, agents, employees, or
representatives;
62 (b) A subcontractor whom Contractor directly or
indirectly hires, employs, or uses to provide or perform the services either described in Paragraph

19.3 or permitted elsewhere in this Agreement; or
(c) The City Indemnitee (regardless of whether the City Indemnitee's act, error, omission, conduct, or
misconduct was willful or negligent either actively,
passively, vicariously, or not at all):
(3) Contractor's work, services, or operations (whether ongoing or completed) under this Agreement;
(4) Contractor's performance or nonperformance of this Agreement; (5) Contractor's premises, facilities, personnel, tow units, vehicles, or equipment;
(6) This Agreement's conditions and requirements concerning the employment eligibility or ineligibility status of Contractor's personnel or a subcontractor's employees;
(7) Contractor's paying or withholding, or failing to pay or to withhold, wages, salaries, benefits, social security, retirement, exactions, entitlements, emoluments, taxes, or any other expenses of any nature whatsoever;
(8) Contractor's complying, or failing to comply, with a (federal, state, county, or City) law, rule, regulation, order, or procedure; or (9) City's enforcing this Section's indemnification and defense provisions; and
(D) Liability, or expenses, or both, regardless of whether they may occur, or may be discovered, before or after this Agreement's expiration, cancellation, or termination.

49.2 Under Section 49, Contractor assumes all liability and expenses of the City Indemnitee— which would be imposed by law in the absence of any contract or agreement—to pay for bodily injury or property damage to a third party or organization. Without affecting City's rights under any provision of this Agreement or Section 49, Contractor shall not indemnify, defend, and hold harmless the City Indemnitee, as set forth in Paragraph 49.1, for liability and expenses attributable to the sole fault of the City Indemnitee, if the Parties agree in writing, or if a court of competent jurisdiction issues written findings, determining that the City Indemnitee was solely at fault. This exception applies only in instances where the City Indemnitee is shown to have been solely at fault. Until the Parties agree in writing, or until the court issues the written findings, Contractor shall indemnify, defend, and hold harmless the City Indemnitee, as set forth in Paragraph 49.1.
63 49.3 However, in instances where Contractor is solely or partially at fault, or in instances where the City Indemnitee's fault accounts for only a percentage of the liability involved, Contractor's obligations under Section 49 are all-inclusive and Contractor shall indemnify, defend, and hold harmless the City Indemnitee for all liability and expenses, even though a percentage of liability or fault is attributable to the City Indemnitee's act, error, omission, conduct, or misconduct. Contractor acknowledges that its obligation under Section 49 extends to liability or fault attributable to the City Indemnitee, if that liability or fault is less than the sole liability or sole fault of the City Indemnitee.

49.4 Under this Section's indemnification and defense provisions:
(A) An entry of judgment against the City Indemnitee conclusively establishes:
(1) Contractor's obligation to pay the judgment, or
expenses, or both; and
(2) That the amount of the judgment, or expenses, or both, is correct and reasonable;
(B) Contractor shall not condition its obligation to indemnify, defend, or hold harmless the City Indemnitee on:
(1) The City Indemnitee's having to first pay an injured party or a judgment; or
(2) The extent or amount of insurance available to, or
provided by, Contractor; and
(C) Workers' compensation laws, or employee disability or benefit laws, do not release, discharge, limit, reduce, or impair Contractor's obligation to indemnify, defend, and hold harmless the City Indemnitee. Contractor expressly waives its statutory immunity under those laws as to the City Indemnitee.

49.5 Contractor shall pay, compensate, and reimburse the injured party or parties, and the City Indemnitee:
(A) As liability, or expenses, or both, are incurred;
(B) Immediately upon any settlement or compromise of liability, or expenses, or both; or
(C) Immediately upon any entry of judgment.

49.6 Contractor shall obtain executed indemnity agreements, with provisions identical to those set forth in Section 49, from a subcontractor whom Contractor directly 64 or indirectly hires, employs, or uses to provide or perform the services either described in Paragraph 19.3 or permitted elsewhere in this Agreement.

Regardless of whether Contractor obtains the written indemnity obligation from a subcontractor as this Paragraph requires here, Contractor remains fully liable to the City Indemnitee for all liability, or expenses, or both, according to the terms of Section 49.

49.7 The Parties intend not only that the City Indemnitee must be completely protected from and against all liability and expenses, but also that each provision in Section 49 must be interpreted and construed under the law to provide the fullest protection possible to the City Indemnitee. Accordingly, Contractor acknowledges that City would have neither selected Contractor from Contractor's Proposal, nor entered into this Agreement in the absence of Contractor's commitment to indemnify, defend, and hold harmless the City Indemnitee under Section 49.

49.8 This Section's indemnification and defense provisions:
(A) Are separate and independent from the insurance provisions in Section 46;
(B) Are neither limited to nor capped at the coverage amounts specified under the insurance provisions in Section 46; and
(C) Do not limit, in any way, the applicability, scope, or obligations of the insurance provisions in Section 46.

49.9 Contractor's failure to comply with the provisions in Section 49 constitutes Default under Paragraph 56.1 and a breach of this Agreement, upon which City may immediately invoke a remedy listed under Paragraph 56.2, or allowed by law, or both.

49.10 Contractor's obligations under Section 49 survive this Agreement's expiration, cancellation, or termination.

50.ASSIGNMENT OF INTERESTS: DELEGATION OF DUTIES;

CHANGE IN OWNERSHIP

50.1 This Agreement does not give any rights or benefits to anyone, other than City and Contractor. All duties, obligations, and responsibilities under this Agreement are for the sole and exclusive benefit of City and Contractor, and are not for the benefit of another person, entity, or organization.

50.2 Except as Paragraph 50.5 allows, Contractor shall not do any one or more of the following without City's prior written authorization; (A) Assign or transfer a right or interest— whether in whole, in part, temporarily, or otherwise— in this Agreement ("assignment of rights");
(B) Delegate or sublet a duty or obligation owed— whether in 65 whole, in part, temporarily, or otherwise— under this Agreement ("delegation of duties”); or
(C) Change ownership or control— whether in whole, in part, temporarily, or otherwise— of the business ("change in
ownership").

50.3 Except as Paragraph 50.5 allows, any actual or attempted assignment of rights, delegation of duties, or change in ownership by Contractor;
(A) Constitutes Default under Paragraph 56.1 and a breach of this Agreement;
(B) Is wholly void and totally ineffective for all purposes; and (C) Does not postpone, delay, alter, extinguish, or terminate Contractor's duties, obligations, or responsibilities under this Agreement.

50.4 For purposes of this Agreement, a change in ownership occurs— whether voluntarily or involuntarily— in any of the following circumstances; (A) When Contractor sells, merges, transfers, reorganizes, or consolidates its business or its assets; or
(B) When a corporation, partnership, limited liability company, legal entity, organization, or person;
(1) Obtains control through direct or indirect ownership or control of more than 50 percent of the voting stock of Contractor's corporation; or
(2) Obtains majority ownership interest inContractor's
partnership, limited liability company, or other legal entity:
(a) Through the purchase or transfer of corporate stock, partnership, or limited liability company interest, or
ownership interests in other legal entities; or
(b) Through the purchase or transfer of 50 percent or less of the ownership interest.

50.5 Subject to the conditions and requirements described in Paragraph 50.6, City may allow Contractor's assignment of rights, delegation of duties, or change in ownership— in whole, in part, temporarily, or otherwise— to:
(A) The parent, a subsidiary, or an affiliated entity of Contractor's corporation;
(B) The surviving partner or partners of Contractor's dissolved 66 partnership; or
(C) The surviving spouse or children of Contractor, if Contractor is deceased, or if a court determines that Contractor is physically or mentally incapacitated.

50.6 Contractor must notify City in writing ninety (90) days before the effective date of any proposed assignment of rights, delegation of duties, or change in ownership, and:
(A) Specify the effective date of the proposed transaction; (B) Identify the assignee, delegatee, transferee, or successor, by name, address, and telephone number;
(C) Describe the details of the proposed transaction; and (D) Submit the assignee's, delegatee's, transferee's, or successor's written, unconditional:
(1) Acceptance of all terms and conditions of this Agreement, and
(2) Promise to fully perform and fulfill all duties, obligations, responsibilities, terms, and conditions of this Agreement.

50.7 Upon City's receipt of Contractor's written notification of the proposed transaction, the Chief of Police or a designee— within sixty (60) days— shall:
(A) Review and evaluate Contractor's proposed assignment of rights, delegation of duties, or change in ownership; or
(B) Appoint one or more persons who shall review, evaluate, and make recommendations to the Chief of Police or designee concerning Contractor's proposed assignment of rights, delegation of duties, or change in ownership; and
(C) Issue Contractor a written decision— approving, approving with conditions, or disapproving Contractor's proposed assignment of rights, delegation of duties, or change in ownership.

50.8 Within seven (7) days after the written decision's issuance date, Contractor may file a written appeal to the City Manager, requesting reconsideration of the Chief of Police's, or the designee's, determination. The decision by the City Manager, or the City Manager's designee, is final, is nonappealable, and binds Contractor.

50.9 At any time, upon City's request, Contractor shall furnish the Chief of Police or a designee with Contractor's records related to any proposed or actual assignment of rights, delegation of duties, or change in ownership. 67 51. BANKRUPTCY OR INSOLVENCY

51.1 During this Agreement's term, any one or more of the circumstances below gives City, at its option and sole discretion, the right to immediately cancel this Agreement and declare it null and void:
(A) Contractor becomes insolvent;
(B) Bankruptcy, reorganization, receivership or other insolvency proceeding is filed by or against Contractor; or
(C) Contractor assigns or transfers assets to its creditors.

51.2 Despite any federal or state law defining "insolvent" or "insolvency" to the contrary, City shall treat Contractor as insolvent if it has ceased to pay its debts in the ordinary course of business or it cannot pay its debts as they become due.

51.3 A receiver, trustee, or other judicial officer shall not have any right, title, or interest in or to this Agreement. Upon that person's appointment, City has,at its option and sole discretion, the right to immediately cancel this Agreement and declare it null and void.

52. NONDISCRIMINATION

52.1 Contractor shall not discriminate against any personnel— or a person, firm, entity, or organization whose vehicle is subject to this Agreement— because of race, color, religion, religious belief, national origin, ancestry, citizenship, age, sex, sexual orientation, marital status, pregnancy, parenthood, medical condition, or physical or mental disability.

52.2 Evidence of discrimination constitutes Default under Paragraph 56.1 and a breach of this Agreement, upon which City may immediately invoke a remedy listed under Paragraph 56.2, or allowed by law, or both.

53. RECORD INSPECTION AND RETENTION

53.1 At any time, without prior notice, and as often as City deems necessary, Contractor shall allow a person or persons whom City designates to have access to, examine, audit, excerpt, copy, photocopy, photograph, or transcribe Contractor's business records, including, but not limited to:
(A) The data, information, and documents listed in Paragraph 53.2, and
68 (B) All other data, information, and documents, whether written, typewritten, printed, recorded, computer, graphic, or photographed material or matter whatsoever, however produced, that Contractor generates while providing or performing its services under this Agreement.

53.2 During this Agreement's term— and for a period of at least three (3) years after this Agreement’s expiration, cancellation, or termination, or until such time as City completes all audits, whichever date is later— Contractor shall keep and maintain the following records, in their original form:
(A) Drug-free workplace, immigration, employees" injury and illness prevention, nondiscriminatory employment and hiring practices (Paragraph 11.4 of this Agreement);
(B) Personnel lists (Paragraph 11.5 of this Agreement); (C) Payroll and withholding (Paragraph 12.4 of this Agreement); Employees' training and certification (Paragraph 13.6 of this Agreement);
(D) Requisite licenses (Paragraph 14.2 of this Agreement); (E) Controlled substances and alcohol use testing and certification (Paragraph 16.1 of this Agreement);
(F) Hazardous materials" lawful disposal (Paragraph 18.2 of this Agreement);
(G) Lists of tow units and their load capacities (Paragraph 19.6 of this Agreement);
(H) Tow unit dispatch logs (Paragraph 22.5 of this Agreement); (I) CHP 180 vehicle impound reports (Paragraph 27.1 of this Agreement);
(J) Vehicle storage lists (Paragraph 28.2 of this Agreement); (K) Vehicle inventory reports (Paragraphs 29.2 and 30.1 of this Agreement);
(L) Accident investigation reports, claims, and lawsuits (Paragraphs

33.1 and 33.2 of this Agreement);
(M) Customers' complaints and damage/theft claims (Paragraph 35.3 of this Agreement);
(N) Itemized invoices (Paragraph 37.3 of this Agreement); 69 (O) Documents that Contractor must conspicuously post at its business office (Paragraph 41.1 of this Agreement);
(P) Lien sale transactions (Paragraph 42.7 of this Agreement); (Q) Data, documents, and records related to Contractor's collection and payment of City's VTACR Fee (Paragraph 43.7 of this Agreement); (R) Insurance policies, certificates, and endorsements (Sections 46 and 47 of this Agreement);
(S) Assignment of rights, delegation of duties, or change in ownership (Paragraph 50.9 of this Agreement); and
(T) Quality Assurance Program (Paragraph 54.3 of this Agreement).

53.3 Contractor shall permit a person or persons whom City designates to make photocopies of Contractor's business records at its business office,or to remove its business records from that facility for copying. City shall provide Contractor with a receipt for original records that City removes. If Contractor's records are located outside Los Angeles County, Contractor shall pay City for travel and per diem costs for any inspection or audit.

54. PERFORMANCE STANDARDS: EVALUATION AND REVIEW:

LIQUIDATED DAMAGES

54.1 For purposes of this Agreement, "Quality Assurance Plan" means written polices, rules, procedures, and practices that allow Contractor and its personnel, systematically and routinely, to monitor, document, assess, remedy, and prevent: service deficiencies, unsafe or unlawful practices, customer complaints, and deviations from the minimum performance standards and this Agreement's terms.

54.2 During this Agreement's term, Contractor shall:
(A) Perform this Agreement in a manner that:
(1) Ensures its equipment, facilities, personnel, and services are reliable, dependable, safe, and responsive to City and the public; and
(2) Conforms to this Agreement's minimum performance
standards and quality of service;
(B) Implement and maintain a written Quality Assurance Plan, subject to City's review, audit, and approval, that ensures Contractor's ongoing compliance with the minimum performance standards; and
70 (C) Allow the Chief of Police or a designee, at any time and without prior notice, to evaluate and confirm Contractor's compliance with the minimum performance standards and other terms in this
Agreement, by permitting Chief of Police or a designee to:
(1) Enter Contractor's business office, storage lots, disposal lot, and any other off-site location covered under this Agreement; (2) Inspect, audit, monitor, evaluate, document, video or audio tape record, or photograph Contractor's equipment, facilities, personnel, services, and vehicles covered under this
Agreement; and
(3) Interview Contractor's personnel and customers.

54.3 At any time, upon City's request, Contractor shall furnish the Chief of Police or a designee with records related to Contractor's Quality Assurance Plan.

54.4 If City determines that Contractor is not meeting this Agreement's minimum performance standards, at its option, City may develop a corrective action plan for Contractor or City may modify the minimum performance standards for Contractor, in addition to any other remedies that City may have under the law or this Agreement. Contractor shall implement and follow that plan or those modified minimum performance standards, and shall notify City of the results Contractor achieved under the plan or the modified minimum performance standards, by the date(s) City sets. If Contractor fails to achieve the results that City specifies in either the corrective action plan or the modified minimum performance standards, within the time limits or deadlines that City sets, Contractor's failure constitutes Default under Paragraph 56.1 and a breach of this Agreement, upon which City may immediately invoke a remedy listed under Paragraph 56.2, or allowed by law, or both.

54.5 At its option, City may impose liquidated damages, in addition to any other remedies that City may have under the law or this Agreement. Contractor understands and acknowledges that:
(A) If Contractor fails— either partially, fully, temporarily or otherwise— to perform, fulfill, or meet this Agreement's minimum performance standards, public safety suffers because police officers needlessly wait on scene or are unavailable for another service call, customer service and public assistance become less dependable, and City incurs costs and expenses— such as having to obtain services from another tow provider— that are difficult or impractical to determine on this Agreement's effective date. Under these circumstances, City has set sums— listed under Schedule I and Schedule II in Paragraph 54.7— which represent a fair and reasonable estimate of the costs that City may incur when Contractor's services fall below this Agreement’s minimum performance standards; and
(B) Upon City's demand, Contractor shall pay as liquidated damages, and not as a penalty, the sums listed under Schedule I and Schedule II in Paragraph 54.7, depending on the particular minimum performance 71 standard, set forth in Paragraph 54.9, that Contractor failed— either partially, fully, temporarily, or otherwise— to perform, fulfill, or meet. City shall not impose liquidated damages for events that constitute a force majeure, as set forth in Paragraph

57. City shall reasonably determine if and to what extent, a force majeure event excuses Contractor's obligation to pay liquidated damages.

54.6 During each six (6) month period listed below, City shall assess liquidated damages on a "per occurrence" basis; that is, for each instance in which Contractor fails— either partially, fully, temporarily, or otherwise— to perform, fulfill, or meet a minimum performance standard:
(A) First Period: January 1 to June 30
(B) Second Period: July 1 to December 31

54.7 During the First Period or Second Period, the following liquidated damage Schedules are in effect:

SCHEDULE I SCHEDULE II
(A) First occurrence: $100.00 $250.00
(B) Second occurrence: $200.00 $500.00
(C) Third occurrence and
each occurrence after the third: $300.00 $1,000.00

54.8 Within the First Period or Second Period, each instance (in which Contractor fails— either partially, fully, temporarily, or otherwise— to perform, fulfill, or meet a minimum performance standard) counts consecutively as an occurrence, regardless of whether the occurrence:
(A) Falls under Schedule I or Schedule II: or
(B) Corresponds to the same or a different minimum performance standard.

54.9 Listed below are this Agreement's Paragraph numbers which correspond to a minimum performance standard that, if Contractor fails—either partially, fully, temporarily, or otherwise— to perform, fulfill, or meet, may result in City's assessing liquidated damages against Contractor. Next to each Paragraph number is the corresponding Schedule (in bold) for determining the amount of the liquidated damages, and the general description of the minimum performance standard. The description is a catch line and is provided merely for the Parties' reference or convenience only. City shall determine whether Contractor failed— either partially, fully, temporarily, or otherwise— to perform, fulfill, or meet a minimum performance standard by examining the particular paragraph's requirements, and not by relying on the description.
72 Paragraph Schedule Description
(1) 6.1I Contractor's personnel were discourteous or
dishonest to a police officer, or a customer, or both.
(2) 8.1II Contractor fails to comply with laws, rules,
regulations, or orders.
(3) 9.2I Contractor impermissibly operates outside its District. (4) 11.2I Contractor fails to have an adequate number of personnel.
(5) 11.2II Contractor's personnel do not meet qualifications or certifications.
(6) 11.2I Contractor is not properly supervising its personnel. (7) 11.3II Contractor fails to hire additional personnel. (8) 11.4II Contractor fails to comply with drug-free workplace, immigration, employees' injury and illness prevention,
nondiscriminatory employment and hiring practices.
(9) 11.5I Contractor fails to provide City with personnel list. (10) 11.6I Contractor fails to pay for cost of investigation, or fingerprinting, or both.
(11) 11.7II Contractor uses or dispatches ineligible personnel. (12) 11.9II Contractor uses or dispatches a tow unit driver or operator with a criminal conviction.
(13) 11.11I Contractor fails to inform City of labor negotiations or fails to allow City to observe the negotiations.
(14)13.3II Contractor's personnel fail to receive initial training or continuing training.
(15) 13.5II Contractor's personnel fail to receive CPR/first-aid training and certification.
(16) 13.6I Contractor fails to provide City with documentary evidence of its personnel's training and certification. (17) 14.1II Contractor, or its personnel, or both, fail to obtain or maintain the requisite licenses.
(18)14.2I Contractor fails to provide City with the requisite licenses.
73 Paragraph Schedule Description
(19) 14.3II Contractor fails to notify the Chief of Police or a designee within four (4) hours of Contractor's
discovering a suspension, revocation, expiration,
cancellation, termination, lapse, non-renewal, or
restriction of one or more requisite licenses.
(20) 15.1II Contractor, or its personnel, or both, fail to cooperate, abide by decisions or orders, or follow rules or
regulations.
(21) 16.1II Contractor fails to test its personnel for controlled substances and alcohol use.
(22) 16.1I Contractor fails to provide City with certification for controlled substances and alcohol use testing.
(23) 16.5II Contractor places on duty a tow unit driver or operator who was not tested for controlled substances
and alcohol use or who failed to receive a negative test result.
(24) 17.1I Contractor's tow unit drivers or operators fail to act in the manner specified or fail to wear the requisite
clothing.
(25) 18.1II Contractor fails to maintain records of its hazardous materials disposal.
(26) 18.2II Contractor fails to provide City with Contractor's records of its hazardous materials disposal.
(27) 17.2I Contractor's tow unit drivers or operators fail to perform pre-towing work, spread absorbent, remove
debris, or collect vehicle fluid.
(28) 19.1II Contractor fails to provide, or operate, or both, the minimum number of tow units.
(29) 19.2II Contractor substitutes flatbed car carriers in place of the minimum number of (Class A) and (Class B) tow
trucks.
(30) 19.3II Contractor uses a subcontractor's tow units without first having obtained the Chief of Police's or a
designee's written authorization.
(31) 19.4II Contractor's tow trucks fail to carry the required equipment.
74 Paragraph Schedule Description
(32) 19.5I Contractor's tow units are unpainted, are in poor repair, violate a law, or fail to identify Contractor or City OPTS.
(33) 19.6I Contractor fails to provide Traffic Bureau Commander with a list of tow units and their load capacities.
(34) 19.7I Contractor fails to dispatch tow units with
Contractor's name.
(35) 19.8II Contractor requests the services or equipment of a subcontractor instead of another OPTS provider.
(36) 20.1II Contractor fails to acquire, operate, or maintain the required business office or storage lots.
(37) 20.3II Contractor's facility or facilities fail to conform to City s Codes and other requirements.
(38) 20.4II Contractor's business office, primary storage lot, secondary storage lot, or disposal lot fails to conform to that paragraph's requirements.
(39) 20.5IContractor's operations are unreasonably loud, disruptive, a nuisance, or disturb the peace and quiet
of nearby residents or businesses.
(40) 20.6II Contractor's business office fails to conform to that paragraph's requirements.
(41) 20.7II Contractor's primary storage lot fails to conform to that paragraph's requirements.
(42) 20.8II Contractor's secondary storage lot fails to conform to that paragraph's requirements.
(43) 20.9II Contractor's combined primary and secondary storage lots fail to conform to that paragraph's requirements.
(44) 20.10I Contractor's disposal lot fails to conform to that paragraph's requirements.
(45) 20.11I Contractor fails to provide, or maintain, or both, adequate off-street parking for its tow units.
(46) 21.1II Contractor fails to have a central dispatch facility or an operating, dedicated telephone line for receiving City's service call.
(47) 21.3II Contractor fails to have a dispatcher on duty. 75 Paragraph Schedule Description
(48) 21.3 I Contractor fails to answer City's telephone service call within six rings.
(49) 22.2 II Contractor's personnel exceed the specified response time, or within the revised response time that City had approved.
(50) 22.3 II Contractor's personnel fail to notify the police communications center of a delayed tow unit.
(51) 22.4 I Contractor fails to provide, or timely provide. City with a report accounting for tow unit delay(s).
(52) 22.5 II Contractor fails to maintain a tow unit dispatch log. (53) 23.1 II Contractor fails to give priority to City's call for service.
(54) 25.2 II Contractor's personnel fail to tow a vehicle to the destination specified by the vehicle's owner or driver. (55) 25.4 II Contractor's personnel fail to tow a vehicle to the destination specified by City.
(56) 26.1 I Contractor's personnel pressure, coerce, unduly influence, mislead the vehicle's owner or driver.
(57) 27.3 II Contractor's personnel release an impounded vehicle without City's written authorization.
(58) 28.2 II Contractor fails to maintain a vehicle storage list. (59) 28.3 II Contractor fails to provide, or timely provide. Traffic Bureau Commander with a list of impounded or stored
vehicles held more than 30 days.
(60) 29.2 II Contractor fails to maintain a vehicle inventory report. (61) 29.3 I Contractor fails to permit the vehicle's owner or the owner's agent to remove personal property.
(62) 29.4 II Contractor's personnel impermissibly move or remove a vehicle or its pails, equipment, or
accessories.
(63) 30.1 II Contractor fails to properly protect a police hold vehicle.
(64) 30.1 II Contractor fails to follow Police Department procedures for a police hold vehicle.
76 Paragraph Schedule Description
(65) 30.2II Contractor's personnel impermissibly move or remove a police hold vehicle or its parts, equipment,
or accessories; or park that vehicle on the street.
(66) 30.2II Contractor's personnel impermissibly allow either unauthorized persons to have access to a police hold
vehicle or the vehicle's owner to remove personal
property from that vehicle.
(67) 32.1I Contractor fails to allow City entry to conduct a damage appraisal.
(68) 33.1I Contractor fails to provide, or timely provide, Chief of Police or a designee with a written accident report.
(69) 33.2I Contractor fails to provide, or timely provide, Chief of Police or a designee with a copy of a claim or lawsuit. (70) 34.1I Contractor's personnel fail to answer customers' telephone calls within the specified time period.
(71) 34.1II Contractor's personnel fail to release vehicles within the specified time period.
(72) 34.2I Contractor's personnel fail to provide the required information during a telephone call.
(73) 35.1I Contractor fails to provide City with Contractor's written procedures and forms for customers' complaints
and damage/theft claims.
(74) 35.3I Contractor fails to respond, or timely respond, to customers' complaint or damage/theft claim.
(75) 36.1II Contractor fails to provide City with roadside service, towing, or other services for its vehicles.
(76) 37.1II Contractor's rates, fees, or charges exceed those set in the Schedule.
(77) 37.3I Contractor fails to provide a customer with an invoice or fails to itemize the services and the corresponding
charges.
(78) 40.1II Contractor fails to accept an authorized form of payment.
(79) 40.2II Contractor imposes a surcharge on a credit card transaction.
77 Paragraph Schedule Description
(80) 40.3II Contractor requires more than one form of picture identification.
(81) 41.1I Contractor fails to post at its facilities the required documents.
(82) 46.1II Contractor fails to obtain, pay for, or maintain the required liability and property damage insurance.
(83) 46.2II Contractor fails to obtain, pay for, or maintain the required amounts of liability and property damage
insurance.
(84) 46.3II Contractor submits garage coverage form liability insurance that does not meet or exceed this
Agreement's insurance requirements.
(85) 46.4I Contractor submits insurance from a non-admitted insurance company.
(86) 46.5II Contractor submits insurance that fails to conform to that Paragraph's requirements.
(87) 47.2II Contractor fails to obtain, pay for, or maintain the required workers' compensation insurance.
(88) 47.4II Contractor submits insurance that fails to conform to that Paragraph's requirements.
(89) 48.2II Contractor fails to provide City with a copy of an insurance policy or policies.
(90) 48.3IIThe insurance of Contractor's subcontractor fails to comply with this Agreement's insurance requirements.
(91)48.4II Contractor fails to deliver evidence of liability coverage, or evidence of workers' compensation
coverage, or both, 21 days before the insurance
policy's or self-insurance program's expiration,
cancellation, termination, revocation, or non-renewal.
(92) 53.1II Contractor fails to allow City's representative to have access to, examine, audit, excerpt, copy, photocopy,
photograph, or transcribe Contractor's business
records.
(93) 53.2II Contractor fails to maintain the required records. 78 54.10 When City initially determines that Contractor did not perform, fulfill, or meet a minimum performance standard:
(A) City shall give Contractor written notice ("notice of noncompliance with minimum performance standard"),
identifying:
(1) The notice's issuance date;
(2) The minimum performance standard that Contractor did not perform, fulfill, or meet;
(3) The date and approximate time that Contractor did not perform, fulfill, or meet the minimum performance
standard; and
(4) The conduct, act, or facts comprising the noncompliance. (B) Within seven (7) days after the notice's issuance date, Contractor shall pay City the full amount of the liquidated damages assessment by business checks, cash, certified check, or money order. (C) After paying the liquidated damages assessment, Contractor may submit to the Traffic Bureau Commander a written request for reconsideration of City’s decision to impose liquidated damages. (D) The Chief of Police or a designee shall review the request and, in a written decision, shall either approve a refund to Contractor or deny the request. (E) Within seven (7) days after the written decision's issuance date, Contractor may file a written appeal to the City Manager, requesting reconsideration of the Chief of Police's, or the designee's, determination.

The decision by the City Manager, or the City Manager's designee, is final, is nonappealable, and binds Contractor.
(F) City shall mail a check to Contractor if the Chief of Police, the City Manager, or either one's designee, approves a refund.

54.11 Contractor shall not:
(A) Charge a person whose vehicle is covered under this Agreement the liquidated damages assessment that Contractor incurs; or (B) Subtract, deduct, or offset any amount from the liquidated damages assessment.
79 54.12 If Contractor accumulates twelve (12) or more occurrences within any six (6) month period, or if Contractor fails to pay the liquidated damages assessment when due and owing, either event constitutes Default under Paragraph 56.1 and a breach of this Agreement, upon which City may immediately invoke a remedy listed under Paragraph 56.2, or allowed by law, or both.

54.13 Contractor's obligations under Section 54 survive this Agreement's expiration, cancellation, or termination.

55. PAYMENT OF TAXES

55.1 Contractor shall pay all taxes, including possessory interest taxes and California sales and use taxes, levied upon this Agreement or upon Contractor’s services under this Agreement.

56. DEFAULT AND REMEDIES

56.1 Default under this Agreement occurs upon any one or more of the following events:
(A) Contractor refuses or fails— whether partially, fully, temporarily, or otherwise— to:
(1) Provide or maintain enough properly trained and licensed personnel to perform the services that this Agreement
requires;
(2) Provide, operate, or maintain the type or quantity of tow units and equipment that this Agreement requires;
(3) Provide, operate, or maintain a business office, storage lot, or facility that this Agreement requires; or operate or maintain it at the location or in the manner that this Agreement requires; or (4) Pay City the VTACR Fee, a liquidated damages assessment, or an amount, fee, or charge that this Agreement requires; or pay it when it is due or owing;
(5) Pay for, obtain, maintain, or renew the insurance policies or coverages that this Agreement requires; or
(6) Comply with indemnification, defense, or hold harmless provisions that this Agreement requires; or
80 (B) Contractor, or its personnel, or both— whether partially, fully, temporarily, or otherwise:
(1) Disregard or violate a law, ordinance, rule, procedure, regulation, or order;
(2) Refuse or fail to pay for, obtain, maintain, or renew the requisite licenses;
(3) Refuse or fail to abide by a directive, order, or decision of the Police Department or a police officer, or parking enforcement employee; (4) Refuse or fail to observe, perform, fulfill, or conform to this Agreement's minimum performance standards;
(5) Refuse or fail to observe, perform, or fulfill a covenant, condition, obligation, term, or provision of this Agreement; or that refusal or failure continues for a period of thirty (30) days after written notice from City; or both;
(6) Knowingly makes or made a false, misleading, or fraudulent statement of material fact: in an oral or written communication to City, or in a report, correspondence, record, or document to City; (7) Commits an unlawful, false, fraudulent, dishonest, deceptive, or dangerous act while performing services under this Agreement; (8) Conducts or performs services in a manner contrary to the peace, health, safety, interest, convenience, or general welfare of the public; or
(C) Contractor:
(1) Or another party for or on behalf of Contractor: institutes proceedings under any bankruptcy, reorganization,
receivership or other insolvency; or assigns or transfers assets to its creditors;
(2) Delegates or sublets— whether in whole, in part, temporarily, or otherwise— its duties or obligations under this Agreement, without notifying City, or without City's written authorization; (3) Assigns, transfers, pledges, hypothecates, grants, or encumbers—whether in whole, in part, temporarily, or
otherwise— this Agreement or any interest in it, without notifying City, or without City's written authorization; (4) Has, or proposes, a change in ownership— whether in whole, in part, temporarily, or otherwise—without notifying City, or without City's written authorization;
80 (5) Gave City information, or made a verbal or written statement to City, relating to this Agreement, Contractor's Proposal, or while City evaluated Contractor's Proposal, that— whether in whole, in part, temporarily, or otherwise— was incomplete, incorrect, false, inaccurate, misleading, or fraudulent, regardless of whether Contractor intended to furnish the information in that manner; (6) Or one of its partners, directors, officers, or general managers, or a person who exercises managerial authority on Contractor's behalf, is charged with or convicted under state or federal law, during this Agreement's term, of embezzlement, theft, fraud, forgery, bribery, deceptive or unlawful business practices, perjury, falsifying or destroying records or evidence, receiving stolen property, or other offense indicating a lack of business integrity or business honesty and/or fails to notify City of such charge or conviction; or
(7) Obtained this Agreement's award by use of fraud, trick, dishonesty, or forgery; or
(D) City consistently or repeatedly receives complaints about Contractor, or its personnel, or both, from persons whose vehicles are covered under this Agreement; or
(E) Any other justifiable cause or reason, as solely determined by the Chief of Police, or the City Manager, or either one's designee.

56.2 Upon Default, at the option and sole discretion of the Chief of Police, or the City Manager, or either one's designee, City may exercise any one or more of the following remedies, without City's having to consider— or having to impose as a prerequisite— progressive discipline, an escalating penalty, or a lesser remedy:
(A) At any time and without advance notice, City may:
(1) Investigate Contractor's violation, or alleged violation, of this Agreement;
(2) Immediately suspend— in whole or in part and for any length of time— this Agreement;
81 80
(B) City may give Contractor thirty (30) advance days written notice, specifying:
(1) The Default, deficiency, inadequacy, violation, or breach; (2) The corrective measure or cure that Contractor shall fully perform or implement; and
(3) The time period within which Contractor shall fully complete the corrective measure or cure;
(C) Upon written notice to Contractor, City may extend the time in which Contractor shall fully remedy or cure the Default, deficiency, inadequacy, violation, or breach;
(D) City may issue a written reprimand;
(E) City may immediately suspend— in whole or in part and for any length of time— this Agreement;
(F) City may terminate, cancel, or void— in whole or in part— this Agreement and all rights of Contractor;
(G) City may use the services of another City of Glendale OPTS, or any other towing and storage firm, without City's incurring any liability to Contractor; (H) City may provide its own vehicle towing and storage services, without City's incurring any liability to Contractor;
(I) City may withhold all monies, or a sum of money, due Contractor under this Agreement, which in City's sole determination, is sufficient to secure Contractor's performance of its duties or obligations under this Agreement;
(J) City may exercise any legal remedy, or equitable remedy, or both, including, but not limited to, tiling an action in court:
(1) Seeking Contractor's specific performance of all or any part of this Agreement; or
(2) Recovering damages for Contractor s Default, breach, or violation of this Agreement; or
(K) City may pursue any other available, lawful right, remedy, or action.

56.3 If the Chief of Police or a designee proposes to terminate, cancel, or void this Agreement for Default or for any other reason, the Chief of Police or 82 80
designee shall forward a written recommendation to the City Manager or the City Manager's designee, who may approve or deny the recommendation, or alternatively, may impose anew any one or more of the remedies described in Paragraph 56.2.

56.4 For purposes of this Agreement:
(A) "Prevailing party" means a Party who dismisses the action or proceeding in exchange for any one or more of the following:
(1) Payment of the sum(s) allegedly due;
(2) Performance of the terms (s) or covenant(s) allegedly breached or violated; or
(3) Consideration substantially equal to the relief sought in the action.
(B) "Reasonable attorneys' fees" of the City Attorney's Office are based on the fees regularly charged by private attorneys, who:
(1) Practice in a law firm located in Los Angeles County; and (2) Have an equivalent number of years of professional experience in the subject matter area of the law for which the City Attorney rendered services.

56.5 If City or Contractor brings a lawsuit or proceeding at law or in equity because of Default, breach, or violation of this Agreement, or to enforce or interpret this Agreement's terms, the prevailing party is entitled to all of the following:
(A) Costs and expenses of the action or proceeding;
(B) Costs and expenses of an appeal;
(C) Reasonable attorneys' fees; and
(D) Any other reasonable or necessary disbursements.

57. PERMITTED VARIATIONS IN CONTRACTOR'S SERVICES DUE TO FORCE

MAJEURE

57.1 For the purposes of this Agreement, "force majeure" means an existing or future event or condition that is not a Party's fault and beyond a Party's reasonable ability to prevent, avoid, control, or remedy, including but not limited to, any one or more of the following:
83 80
(A) Acts of God;
(B) Epidemic;
(C) Civil unrest, riot, rebellion, blockade;
(D) Abnormally severe weather or road conditions;
(E) Natural disasters;
(F) Strikes or labor stoppages;
(G) War, insurrections, terrorist acts, acts of sabotage; or (H) Another event or condition that is not a Party's fault and beyond a Party's reasonable ability to prevent, avoid, control, or remedy, except traffic conditions or congestion which Contractor can reasonably foresee and anticipate in performing the services under this Agreement.

57.2 Neither City nor Contractor is in Default of an obligation under this Agreement, if an event or condition constituting a force majeure prevents or delays a Party from performing or fulfilling the obligation.

57.3 A delay beyond a Party's control automatically extends the time, in an amount equal to the period of the delay, for the Party to perform the obligation under this Agreement.

57.4 When an event or condition constituting force majeure delays or prevents, or imminently threatens to delay or prevent, Contractor from performing or fulfilling a duty or obligation under this Agreement, Contractor shall:
(A) Notify the Traffic Bureau Commander by telephone, with written confirmation as soon as possible afterwards, of:
(1) The nature of the event or condition;
(2) The actual or expected time of the occurrence, event, or condition, and its expected duration;
(3) The impact of the occurrence, event, or condition on Contractor's services;
(4) The modified or reduced services that Contractor proposes to provide during the continuation of the occurrence, event, or condition; and
84 86
(5) The steps Contractor proposes to take to restore full services;
(B) Provide modified or reduced services, as practicable under the circumstances; and
(C) Use all reasonable efforts to restore full services under this Agreement, at the earliest possible time.

58. CONTRACTOR'S RIGHTS AND DUTIES UPON TERMINATION; EXPIRATION

58.1 On this Agreement's termination or cancellation:
(A) All rights and privileges granted to Contractor under this Agreement end;
(B) Except as City directs otherwise, Contractor shall:
(1) Stop its services under this Agreement on the date and to the extent City specifies in its written termination or cancellation notice to Contractor;
(2) On the date that City specifies, take the action that City requires or deems necessary, including, but not limited to: protecting, preserving, moving, removing, transferring, or recovering the vehicles and their contents which are covered under this Agreement and which are in Contractor's possession, custody, care, or control;
(3) Allow a person or persons whom City designates to enter Contractor's storage lots, or other facilities, to move, remove, transfer, or recover the vehicles and their contents which are covered under this Agreement and which are in Contractor's possession, custody, care, or control; and
(4) Continue to fulfill and perform services that City has not terminated or canceled.

58.2 On this Agreement's expiration:
(A) All rights and privileges granted to Contractor under this Agreement end; and
(B) Except as City directs otherwise, Contractor shall:
(1) Stop its services under this Agreement;
85 87
(2) On the date that City specifies in a separate written notice, take the action that City requires or deems necessary, including, but not limited to: protecting, preserving, moving, removing, transferring, or recovering the vehicles and their contents which are covered under this Agreement and which are in
Contractor's possession, custody, care, or control; and (3) Allow a person or persons whom City designates to enter Contractor's storage lots, or other facilities, to move, remove, transfer, or recover the vehicles and their contents which are covered under this Agreement and which are in Contractor's possession, custody, care, or control.

59. WAIVER

59.1 If a Party fails to require the other to perform any term of this Agreement, that failure does not prevent the Party from later enforcing that term. If a Party waives the other's breach of a term, that waiver is not treated as waiving a later breach of the term, or any other term. A waiver of a term will be valid only if it is in writing and signed by the Party waiving it.

59.2 This Agreement's duties and obligations are:
(A) Cumulative (rather than alternative) and in addition to (rather than a limitation on) any option, right, power, remedy, or privilege; and (B) Not exhausted by a Party's exercise of any one of them.

60. SURVIVAL

60.1 This Section and the obligations set forth in Sections 12, 31, 32, 33, 43, 46, 47, 48, 49, 50, 51, 53, 54, 55, 56, 58, 59, 61,63, 64, 65, 66, 67, and 68 survive this Agreement's expiration, cancellation, or termination.

61. NOTICES

61.1 Unless this Agreement provides otherwise, the Parties shall:
(A) Put in writing all notices and correspondence that this Agreement requires or permits; and
(B) Give notice by:
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(1) Personal delivery;
(2) U.S. mail, first class postage prepaid;
(3) "Certified" U.S. mail, postage prepaid, return receipt requested; or
(4) Facsimile.

61.2 All written notices or correspondence sent in the manner described in Paragraph 61.1 will be presumed "given" to a Party on whichever date occurs earliest:
(A) The date of personal delivery;
(B) The third (3rd) day following deposit in the U.S. mail, when sent by "first class" mail;
(C) The date on which the Party or its agent either signed the return receipt or refused to accept delivery, as noted on the return receipt or other U.S.

Postal Service form, when sent by "certified" mail; or
(D) The date of transmission, when sent by facsimile.

61.3 At any time, by providing written notice to the other Party, City or Contractor may change the place, or facsimile number, for giving notice.

61.4 Notices from Contractor to City
must be delivered to:

Notices from City to Contractor
must be delivered to:

Chief of Police
City of Glendale
131 North Isabel Street
Glendale, CA 91206-4382
[email protected]
Contractor’s Name
Address

62. TIME IS OF THE ESSENCE

62.1 Except when this Agreement states otherwise, time is of the essence in this Agreement. Contractor acknowledges that this Agreement's time limits and deadlines are reasonable, and therefore, Contractor shall comply with the time limits and deadlines imposed for performing every action that this Agreement requires.
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63. GOVERNING LAW: INTERPRETATION

63.1 California's laws govern this Agreement's construction and interpretation.

63.2 Unless this Agreement provides otherwise, a reference to a law, ordinance, rule, or regulation:
(A) Includes its later amendments, modifications, and successor legislation; and
(B) Is fully incorporated into, and is a part of, this Agreement.

63.3 All headings or captions in this Agreement are for convenience and reference only. They are not intended to define or limit the scope of any term, condition, or provision.

63.4 This Agreement is the product of negotiation and compromise by both Parties.

Every provision in this Agreement must be interpreted as though the Parties equally participated in its drafting. Therefore, despite the provisions in Civil Code Section 1654, if this Agreement's language is uncertain, the Agreement must not be construed against the Party causing the uncertainty to exist.

63.5 If a conflict exists between the documents referenced or included in this Agreement, the priority is as follows:
(A) First, the most recent Amendment to this Agreement. (B) Second, this Agreement.
(C) Third, the most recent Schedule of Rates and Charges. (D) Fourth, the RFP and the Addenda.
(E) Fifth, Contractor's Proposal.
(F) Sixth, other referenced documents.

63.6 A reference to "day" or "days" means calendar and not business days. If the last day for giving notice or performing an act under this Agreement falls on a weekend, a legal holiday listed in either Municipal Code Section

3.08.010 or California's Government Code, or a day when City Hall is closed, the period is extended to and including the next business day. A reference to the time of day means local time for Glendale, California. 88 90

63.7 Unless the content indicates otherwise, the use of the neuter, masculine, or feminine gender is for convenience only and the terms are interchangeable.

64. JURISDICTION AND FORUM

64.1 If a dispute arises concerning this Agreement's subject matter or interpretation, the Parties shall file and try a court action or proceeding in only the Superior Court of California and in no other court.

64.2 The Parties waive the right to:
(A) File and try a court action or proceeding in federal court; and (B) Remove a court action or proceeding to federal court.

65. ENTIRE AGREEMENT

65.1 This Agreement represents the entire and integrated agreement between the Parties. This Agreement supersedes all prior and contemporaneous communications, negotiations, understandings, promises and agreements, either oral or written. Neither Contractor nor City has made any promises or representations, other than those contained in this Agreement or those implied by law.

65.2 Contractor acknowledges its acceptance of all terms and conditions of this Agreement, including all requirements of the RFP and the Addenda. Any exception to this Agreement's terms and conditions must be clearly identified within the body of this Agreement.

65.3 The Parties may modify this Agreement, or any part of it, by a written amendment with Contractor’s and the City Manager's signature, subject to any requisite authorization by the City Council.

66. FURTHER ASSURANCES

66.1 Upon City's request, at any time, Contractor shall promptly:
(A) Take any further action; and
(B) Sign, acknowledge, deliver, and have notarized all additional documents, as may be reasonable, necessary, or appropriate to carry out this Agreement's intent, purpose, and terms.
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67. PARTIAL VALIDITY

67.1 The invalidity— in whole or in part— of one or more terms in this Agreement does not affect the remaining terms' validity.

68. BINDING UPON SUCCESSORS

68.1 This Agreement binds the Parties as well as their respective officers, agents, employees, representatives, and permitted successors and assigns.

69. COUNTERPARTS

69.1 This Agreement may be executed in counterparts, each of which is an original, but all of which constitute one and the same document. The Parties shall sign a sufficient number of counterparts so that each Party will receive a fully executed original of this Agreement.

70. TOTAL NUMBER OF PAGES

70.1 In total, this Agreement (including the signature blocks and exhibits) is pages.

71. REPRESENTATIONS OF AUTHORITY

71.1 Each individual signing this Agreement on behalf of a Party who is not a natural person represents and certifies that:
(A) The Party has complied with all necessary legal prerequisites— including:
having adopted a motion or resolution, or having obtained written authorization or approval from partners or corporate officers— thereby enabling the individual to sign and deliver this Agreement; (B) The individual is duly authorized to sign this Agreement; and (C) The individual's signature binds the Party to this Agreement's terms and conditions.
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72. DIGITAL SIGNATURES
The PARTIES deem a copy of this Amendment that bears a digital signature as having the same legal effect, for all purposes, as delivery of a signed original of this Amendment, and each digital signature will have the same legal force and effect as a handwritten signature.

The Parties signed this Agreement on the date opposite their signature.

CITY OF GLENDALE
Dated: , 2025 By
Roubik Golanian
City Manager

CONTRACTOR
Dated: , 2025 By
President
91 EXHIBIT B:

SCHEDULE OF RATES AND CHARGES

EXHIBIT C:

CHAPTER 10.55 OF GLENDALE MUNICIPAL CODE OFFICIAL

POLICE TOW SERVICES

EXHIBIT D:

CITYWIDE FEE SCHEDULE – VTACR FEE

EXHIBIT E:

DISTRICT MAP

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24-87102

CITY OF GLENDALE, CALIFORNIA

REPORT TO THE CITY COUNCIL

AGENDA ITEM
Report: Extension of Nominating Period for Boards and Commissions

1. Motion Extending Nominating Period

COUNCIL ACTION
Item Type: Action
Approved for February 18, 2025 calendar

EXECUTIVE SUMMARY
The deadline for the recently established nominating panels to make nominations to the boards and commissions expires on February 14, 2025. Council requested an agenda item to further extend the nominating period.
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24-87102
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RECOMMENDATION
That the Council decide whether to extend the nominating period for boards and commissions.

ANALYSIS
On September 17, 2024, the Council adopted Resolution No. 24-156 instituting a nominating panel system for appointment of individuals to boards and commissions. The Council previously removed all members of the boards and commissions, except for Civil Service Commission, subject to reappointment or replacement. Under the nomination policy, the nominating panels had an original 60-day period to make nominations subject to a 30-day extension. On December 17, 2025, the Council subsequently extended the nomination period to February 14, 2025, which is set to expire. The Council panels have made progress on nominations but the Council desires additional time to complete nominations. The Council requested this agenda item to approve a motion further extending the nomination period. A motion has been prepared extending the period. If the Council is inclined to extend the nominating period, it must select a date to extend it.

STAKEHOLDERS/OUTREACH
N/A

FISCAL IMPACT
There is no fiscal impact associated with this report.

ENVIRONMENTAL REVIEW (CEQA/NEPA)
This activity involves organizational and administrative activities of the government related to the process for nominating and appointing members to the City’s boards and commissions, and such internal procedural, organizational activities have no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. As such, this action is not a “project” subject to the requirements of the California Environmental Quality Act (CEQA) 14 Cal. Code Regs § 15378.

CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.

ALTERNATIVES TO STAFF RECOMMENDATION

1. Council can choose not to extend the nomination period, in which case the Council will have the authority to make appointments without a nomination from the nominating panels.

2. Council can choose any other alternative not identified by staff.

ADMINISTRATIVE ACTION
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Submitted by:

Michael J. Garcia, City Attorney
Prepared by:

Michael J. Garcia, City Attorney
Approved by:

Roubik R. Golanian, P.E., City Manager

EXHIBITS/ATTACHMENTS

M O T I O N
Moved by Council Member ________________________________, seconded by Council Member ___________________________________, that with respect to the Report to Council dated February 18, 2025 pertaining to the nomination period for the boards and commissions, Council hereby extends the nomination period by ____ days to _____________, 2025.

Vote as follows:

Ayes:

Noes:

Abstain:

Absent:

Glendale City CouncilFebruary 18, 2025

Glendale City Council
February 18, 2025