CITY OF MERCED
MERCED
Police Department
REQUEST FOR BIDS
Evidence & City Vehicle Tow Services
INSTRUCTIONS TO BIDDDERS:
1. Read all sections of the Evidence & City Vehicle Tow Service Agreement (ECVTSA).
2. Fill out sections 7-10 and 13.
3. Sign page on section 26.
4. Print and submit a fully completed ECTSA document as your formal bid via regular mail to 678 W 18th St Merced CA 95340 or via parcel post to 2525 O St, Merced CA 95340 before the due date and time. Late bids will be returned to sender unopened.
5. Clearly mark the outside of the sealed envelope with the bid name and number.
6. Only sealed envelope, paper (no digital or electronic) bids will be accepted.
7. Any necessary addenda will be posted on the website at least 72 hours before the bid opening time.
8. Proof of insurance will only be required (of the awarded bidder) after the bid award.
9. Questions shall be submitted in writing only to Lt. Emily Foster at [email protected]. Answers will be posted all at once on the website via bid addendum.
City of Merced
2021 — 2023
City of Merced Police Department
Evidence & City Vehicle Tow Service Agreement (ECVTSA)
1 C: UserstAG Office\Downloads\Evidence & City Vehicle Towing Services Bid.doc
TABLE OF CONTENTS
ELEMENT PAGE
1. TOW OPERATORS... 3
2. TOW OPERATOR'S BUSINESS..
3. FINANCIAL INTEREST.
4. RESPONSE TO CALLS 8
5. STORAGE YARD .. 10
6. TOW TRUCK DRIVERS 13
1. TOW TRUCK CLASSIFICATIONS ... 14
8. GENERAL EQUIPMENT SPECIFICATIONS 16
9. INSPECTIONS 17
10. RATES... 19
11. COLLUSION 24
12. INSURANCE. 24
13. INDEMNITY 26
14. INDEPENDENT CONTRACTOR.. 27
15. ANNUAL OPEN ENROLLMENT/MEETINGS 27
16. DEMEANOR AND CONDUCT.. 28
17. TOW COMPLAINTS.. 29
18. COMPLIANCE WITH LAW 29
19. COMPLIANCE WITH TSA.. 30
20. DISCIPLINARY ACTION. 31
21. TERMS OF DISCIPLINARY ACTION 31
22. HEARING/APPEAL.. 32
23. ADVERTISING... 34
24. CANCELLATION.. 34
25. TERM OF AGREEMENT. 34
26. OPERATOR APPROVAL. 35
C: UserslAG OfficelDownloads\Evidence & City Vehicle Towing Services Bid.docx City of Merced
Police Department
Evidence & City Vehicle Tow Service Agreement (ECVTSA)
This Evidence & City Vehicle Tow Service Agreement (ECVTSA) contains rules, terms and conditions that a company agrees to comply with in order to provide towing and secure storage of property impounded as evidence to the Merced Police Department (MPD) in accordance with this agreement and to provide non-evidentiary tow service for Merced Police Department vehicles, including tire replacement services, after hours inside and outside of the Municipal city limits as required in accordance with this agreement with the City of Merced Police Department (hereinafter interchangeably referred to as "MPD" or "City of Merced"'). An operator, by agreeing to participate in the Evidence & City Vehicle Tow Service Agreement (ECTSA), does not establish a contractual relationship with the MPD or the City of Merced, and is not cting as an agent for the MPD or the City of Merced when performing services under thi ECTSA. Exceptions to or exemptions from compliance with the ECVTSA shall not be authorized by verbal agreement. Any exceptions or exemptions shall be documented as a written addendum to the ECVTSA by the MPD Lieutenant or Sergeant who has been designated and authorized to make such exceptions by the Chief of Police.
1. TOW OPERATORS
A. Operators applying for the Evidence & City Vehicle Tow Service Agreement (ECVTSA) tow program shall have a minimum of three (3) verifiable years for- hire towing experience, as an owner or principal, prior to the final filing date of an enrollment period in order to qualify.
1) The three (3) verifiable years* for-hire experience shall be decided by the MPD.
B. Operators and owners who do not meet the three (3) verifiable years' for-hire towing experience, may be considered if a full-time manager is employed who possesses three (3) verifiable years for-hire tow experience, as an owner, principal or full-time manager.
1) The three (3) verifiable years' for-hire experience, as an owner, principal, or full-time manager shall be determined in the sole discretion of by the MPD.
C. Management experience shall be decided and qualified by the MPD as follows:
The designation of "manager" implies general power and permits reasonable inferences that the employee so designated is invested with the general conduct and control of their employer's business. 3 C:UserslAG OfficelDownloadslEvidence & City Vehicle Towing Services Bid.doex 2) An individual who has charge and control of a business and is vested with a certain amount of discretion and independent judgment.
D. If the manager ceases to be employed by the company, the ECTSA shall be immediately suspended until a new manager with the required years of for-hire experience is approved by the MPD. Operators are obligated to report a change in manager to the Chief of Police or the designated MPD Lieutenant / Sergeant within 24 hours of a change in management/manager.
E. All operators, managers, and tow truck drivers, involved with the MPD Evidence & City Vehicle Tow Service Agreement, shall be fingerprinted annually for the purpose of conducting criminal history inquiries.
1) Any operator, manager, or tow truck driver who separates from the Evidence & City Vehicle Tow Service Agreement. in excess of one year. shall be fingerprinted upon reapplication for the purpose of conducting a criminal history regardless of prior criminal history clearances.
An operator shall notify the MPD of any arrest and/or conviction of a tow truck driver, manager, or the operator, prior to the beginning of the next work shift.
a) Failure to make notification should be cause for disciplinary action.
The designated MPD Lieutenant / Sergeant shall be notified immediately by an operator upon a manager's or tow truck driver's separation from the Evidence & City Vehicle Tow Service Agreement.
Operators shall have all tow truck drivers involved with MPD Evidence & City Vehicle Tow Service Agreement participate in a controlled substance and alcohol testing (CSAT) program.
Drivers requiring a Class A. Class B, or commercial Class C license (endorsed for hazardous materials transportation) shall participate in a CSAT program as defined in the Code of Federal Regulations, Title 49, Parts 40 and 382.
2) Drivers not required to possess a Class A. Class B. or commercial Class C license shall be enrolled in a CSAT program consistent with the requirements outlined in Section 1 above, which shall not be a self- administered program.
The operator shall ensure selection pools for commercial and non- commercial licensed drivers are maintained separately.
4 C:Wsers\AG Office Downloads\Evidence & City Vehicle Towing Services Bid.docx 4) A driver possessing a non-commercial driver license who returns with a positive test result, which includes medicinal or recreational use of marijuana, shall meet the same reinstatement requirements as a driver required to possess a commercial driver license.
The operator shall provide a current list of all drivers and proof of enrollment in the CSAT program to the MPD Lieutenant / Sergeant during the enrollment period.
Upon the addition of a new driver, an operator shall be granted a aximum of 30 days to enroll the driver in a CSAT (or consisten rogram and provide proof to the MPD Lieutenant / Sergean G. The operator shall provide a current list of all drivers and proof of enrollment in a CSAT and/or program consistent with the requirements as outlined in Section 1, to the MPD Lieutenant / Sergeant.
H. The operator, manager, and all tow truck drivers shall be enrolled in the Employer Pull Notice (EPN) program.
The operator shall provide a current list of managers and drivers, and a copy of the current EPN report, or in the case of a newly hired tow truck driver, proof of enrollment in the EPN program, for all managers and drivers to the MPD during the Evidence & City Vehicle Tow Service 2) The operator's signed and dated EPN report shall be kept on file in the operator's office.
Upon the addition of new managers or drivers, an operator shall be granted a maximum of 30 days to enroll drivers in the EPN.
I. Operators shall have a Carrier Identification (CA) number and a valid Motor Carrier Property (MCP) permit. MCP documentation shall be provided to the MPD during the enrollment period.
The expiration of an operator's MCP and/or suspension of the MCP, pursuant to CVC Section 34623, shall result in the immediate suspension of the tow operator, as well as additional disciplinary action which may be imposed by the MPD Lieutenant / Sergeant.
J. Operators shall have a sufficient number of drivers in order comply with hours-of- service. All drivers shall comply with intrastate and/or interstate hours of service pursuant to Title 13, Sections 1212 and 1212.5 of the California Code of Regulations.
5 C: UserslAG OfficelDownloadstEvidence & City Vehicle Towing Services Bid.docs Operators shall ensure their drivers record of duty status complies with Title 13, Section 1213 CCR.
The operator shall maintain a current list of drivers available for inspection any time by MPD
When a driver is no longer employed by the operator. the operator shall immediately notify the MPD Lieutenant / Sergeant.
TOW OPERATOR'S BUSINESS
A. An operator's place of business shall have a sign which clearly identifies it to the public as a tow service.
1) The sign shall have letters which are clearly visible to the public from the street and shall be visible at night.
Business hours shall be posted in plain view to the public.
C. An operator's place of business shall have posted in plain view to the public the "Towing Fees and Access Notice" and copies of notice readily available to the public pursuant to Section 22651.07(a)(1)(A) CVC.
The "Towing Fees and Access Notice" shall be a standardized document plainly printed in no less than 10-point type and shall contain the required language pursuant to Section 22651.07(e) CVC.
D.
normal business hours.
1) Normal business hours shall not be less than 8 a.m. to 5 p.m., Monday through Friday, except for the following state recognized holidays: New Year's Day. Martin Luther King Day, President's Day, Cesar Chavez Day.
Memorial Day, Independence Day, Labor Day, Veteran's Day.
Thanksgiving Day, day after Thanksgiving Day, and Christmas Day.
Note: When the MPD is closed in observance of a holiday. the tow operator may also be closed
If an operator's place of business is staffed with only one employee. the business office may be closed for a maximum of 30 minutes for lunch and the following shall apply:
C:Users\AG Office\Downloads\Evidence & City Vehicle Towing Services Bid.docx A sign shall be posted which reflects a lunch closure and a phone number where a request by a vehicle's owner/agent shall result in an immediate response to release property or a vehicle.
Response to the office shall be within the time frame required for a normal MPD Class A tow.
The lunch closure must be during normal lunch hours.
NOTE: For the purposes of this ECVTSA, normal lunch hours are between 11:00 a.m. and 2:00 p.m.
F. The operator shall maintain records of all tow services furnished at the operator's primary office (Note: printable electronic records are acceptable).
Invoices shall contain the required itemized information pursuant to Section 22651.07(e) CVC.
Itemized invoices shall contain a distinct notice upon the invoice stating "Upon Request, you are entitled to receive a copy of the "Towing Fees and Access Notice." This notice shall be contained within a bordered text box, printed in no less than 10-point type pursuant to 22651.07(a)(3) CVC.
G. The operator's primary business office shall also maintain business records relating to personnel, insurance, personnel taxes, payroll, applicable operating authorities. local operating authorities, lien sale actions, driver's record of duty status (intrastate and/or interstate),and Federal Communication Commission licensing (if applicable), and non-MPD tows.
H. The MPD may inspect all operator records relating to compliance with the ECVTSA without notice during normal business hours.
Operators shall permit the MPD to make copies of business records at their place of business. or to remove business records for the purpose of reproduction.
The MPD shall provide a receipt for any record removed from the place of business.
J. An operator shall maintain business records for a period of two (2) years, plus the current term of this ECVTSA. and shall make them available for inspection.
Failure of the operator to comply with the aforementioned inspection requirements shall be cause for disciplinary action as set forth in subsection 20 of this ECVTSA.
FINANCIAL INTEREST
C: UserslAG Office|DownloadstEvidence & City Vehicle Towing Services Bid.doex A. The sale or transfer of the controlling interest in a tow company shall immediately terminate this ECVTSA.
1) A new owner may apply for the ECVTSA program at any time during the remainder of the current ECTSA term, regardless of the enrollment period.
4. RESPONSE TO CALLS
A. The operator shall respond to calls 24 hours a day, seven (7) days a week. within the maximum response time limits established by the MPD.
The maximum response time to a ECTSA call shall be thirty (30) minutes from the time the operator receives the call from MPD.
B. An operator or tow truck driver shall respond with a properly equipped tow truck of the class required to tow the vehicle, pertorm vehicle recovery (e.g.. rollover. down embankment, etc.), provide service (e.g., fuel, flat tire change, etc.), and be in possession of the appropriate class of driver's license, applicable endorsements, and permits.
Any applicable permits (e.g., load variance, oversize.) shall be valid and maintained in the tow truck.
The operator shall advise MPD dispatch, at the time of notification, if they are either unable to respond or unable to meet the maximum response time.
If, after accepting the call, the operator is unable to respond or will be delayed in responding. the operator shall immediately notify the MPD Communications Center.
D. A failure, or refusal, to respond to towing or service calls, and/or repeated failures to meet maximum response time requirements. without justification, shall result in disciplinary action as set forth in Subsection 20 of this ECVTSA. (This includes refusing to respond for junk vehicle calls. The validity or the justification for failure to respond to calls shall be determined by the MPD in its sole discretion.) E. If service, other than towing. recovery, and load salvage, is canceled by the vehicle's registered owner or agent; no lien shall arise for the service unless the operator has presented a written statement to the vehicle's registered owner or 8 C: UserslAG Office Downloads\Evidence & City Vehicle Towing Services Bid.dock agent for the signed authorization of services to be performed pursuant to Section 3068 (a) of the Civil Code.
The operator shall not attempt to take possession of a vehicle in order to establish a lien for any non-towing services performed or initiated and subsequently canceled
Nothing shall prohibit a Class B, C, or D tow truck from maintaining a place on a lighter class rotation tow list, provided the tow truck meets the equipment specifications for that class of operation.
Regardless of the class of tow truck utilized or responding to the call, charges shall not be more than for the class of vehicle towed or serviced, except when vehicle recovery operations require a larger class tow truck.
When an operator will be temporarily unavailable to provide services due to a preplanned or scheduled activity, the operator shall notify the MPD communications center at least 24 hours prior to the date that services will be unavailable, noting the times and dates of the unavailability.
H. Only tow truck personnel and equipment requested shall respond to a MPD call (e.g., tow truck driver bringing significant others, family members, friends, pets, etc. is not allowed).
Exception would be responding a tow truck driver trainee with an approved rotation tow truck driver and only if a CHP 234F, Tow Operator/Driver Information, has already been submitted for the trainee to
1. An operator/tow truck driver shall not respond to a MPD call assigned to another the MIP or re-assign a call to another tow operator, unless requested to do so by Nothing would preclude the assigned operator/tow truck driver from responding to an incident to ascertain if additional assistance or equipment is required.
There shall be no additional charge for any personnel or equipment, which is not necessary to perform the required service. Any additional personnel and/or equipment shall be approved by MPD on scene.
K. There may be times when the operator/tow truck driver assigned the initial call may require assistance from an additional operator/tow truck driver. 9 C:Users\AG Office\Downloads!Evidence & City Vehicle Towing Services Bid.docx •
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In such case, the assigned operator/tow truck driver may, with the concurrence of the scene manager, request a specific operator/tow truck driver for additional assistance.
2) The operator/tow truck driver's approved request shall be routed through the MPD.
STORAGE YARD
A. General Specifications
(1) Operator shall:
a. Furnish all labor, materials, equipment, licenses and/or permits necessary for completion of agreement for the Merced Police Department (MPD).
b. Secure and be responsible for the safekeeping of vehicular evidence and any and all property within. Perform skilled recovery, clean up the scene and transport impounded vehicles to theirfacility. c. Operator shall ensure employees do not place another vehicle or other collision scene debris on or within any vehicle impounded as evidence. Operator shall not enter the vehicle without the express consent of the Merced Police Department Chief of Police, or their designee.
(2) The facility that is to be used under the terms of this agreement must be located within the County of Merced included, unless this requirement is waived by an addendum from the Merced Police Department Chief of Police, or their designee.
B. The operator shall be responsible for the safekeeping and prevention of vandalism of all vehicles and contents, which are stored or impounded by the MPD. 1) At a minimum, a permanent securely fenced or an enclosed storage area of an adequate size shall be provided for the proper storage of vehicles.
Coordinate with MPD representative before the start date of the agreement to determine whether vehicles need to be transported from the previous storage facility and if so, transport the vehicles within the first week of the agreement. Operator shall invoice the MPD for this initial transfer at the rates specified in the Rate Schedule. 10 C:Users\AG OfficelDownloads\Evidence & City Vehicle Towing Services Bid.docx C. The primary storage yard shall be at the same location as the business address.
Stored/impounded vehicles shall be at the primary storage yard. 2) This requirement may only be waived by a written addendum from the MPD Lieutenant / Sergeant with justification.
D. A secondary storage yard shall be located reasonably close to the main business office.
1) There shall be no charge to the vehicle's owner/agent for towing a vehicle from a secondary storage yard to the primary storage yard.
E. Tow operators shall maintain sufficient storage spaces.
A secondary storage yard shall only be utilized if the primary storage yard is full.
This requirement may be only waived by a written addendum from the MPD if grounds exist to justify the waiver in the discretion of the MPD or designated MPD Lieutenant /Sergeant.
A storage yard shared by operators, or any other business establishments) regardless if owned by the operator or not, shall be physically separated and secured from each other. (Which includes business records related to the tow company.)
G. Prior to the utilization of a new storage yard, which was not listed on the CHP 234A. Rotation Tow Listing Application, the operator shall obtain approval from the designated MPD Lieutenant / Sergeant.
H. An operator's employee shall be properly trained to conduct business transactions related to towing, storage, and release of vehicles/property.
1. Upon approval from the MPD, the operator or their employee shall release personal property from a vehicle, which has been stored/impounded by the MPD at the request of the vehicle's registered owner or agent pursuant to Sections 22851(b) and 22651.07 of the CVC.
1) A receipt shall be provided for the removed personal property, with a copy placed in the stored/impounded vehicle.
This procedure shall also apply to the removal of property by the tow operator and/or their employee to a secured area within the business. 1l
C:UserslAG Office|DownloadslEvidence & City Vehicle Towing Services Bid. docx J. Personal property and/or the vehicle shall be released at the primary storage yard. 1) Personal property or a vehicle release from a secondary storage yard shall only be granted if it's acceptable to the vehicle's registered owner or agent.
Personal property is considered to be items which are not affixed to the vehicle. Personal property includes, but is not limited to papers, cell phones, pull-out radios, clothes, luggage, tools, etc.
No fee shall be charged for the release of personal property during normal business hours pursuant to Sections 22851(b) and 22651.07(c)(1) of the CVC. 1) The maximum charge for a non-business hours release shall be one-half the hourly tow rate charged. or less, for initially towing the vehicle pursuant to Section 22851(b) of the CVC.
No lien shall attach to any personal property in or on the vehicle pursuant to Section 22851(b) of the CVC.
L. The operator shall keep a written record of every vehicle stored/impounded for a period longer than 12 hours pursuant to Section 10650(a) of the CVC.
The record shall contain the name and address of the person storing or requesting the tow, the names of the owner and driver of the vehicle (if ascertainable), and a brief vehicle description (make, model, license plate number, and any vehicle damage) pursuant to Section 10650(b) of the CVC. All records shall be kept for one year from the commencement of storage and shall be open to inspection by any peace officer. Upon termination of the storage, a statement shall be added to the record as to the disposition of the vehicle, including the name and address of the person to whom the vehicle was release and the date of such release.
M. Upon permission of the Chief of Police, or their designee, and with an MPD employee present, the operator shall allow insurance companies to inspect vehicles at their storage yard, at no charge, and allow 45 consecutive minutes for inspection as necessary, pursuant to section 22651.07(c)(3)(B) CVC.
N. Inspection of Evidence
(1) The MPD reserves the right to inspect vehicles upon a request to Operator's representative with authorization from the on-duty supervisor. Call-out charges when facility is not staffed shall be billed to MPD at the hourly rate divided into quarter hours. Time should be rounded down to the nearest quarter hour.
(2) There shall be no additional charge(s) for moving (e.g., driving. towing, 12 CAUsers\AG OfficelDownloads\Evidence &: City Vehicle Towing Services Bid.docx pushing, utilizing a forklift) a stored vehicle within the Operator's storage facility.
O. If Operator is a Merced Police Department rotation tow service provider; a call-out under this Agreement does notconstitute a rotation call-out.
TOW TRUCK DRIVERS
A. The operator shall ensure tow truck drivers responding to calls initiated by the MPD are competent and have completed a Tow Service Agreement Advisory Committee ("TSAAC") approved tow truck driver training program.
The TSAAC approved tow truck driver training course list is contained in Attachment A of this TSA.
Acceptable hands-on tow truck driver training programs shall be approved by the TSAAC. (On-line testing/certification will not be accepted.)
2) All drivers shall provide documentation that they have completed Traffic Incident Management training in accordance with the Federal Highway Administration.
3) Documentation of completion of an approved tow truck driver-training program within the past five (5) years shall be submitted along with the CHP 234F
A CHP 234F shall include all convictions of felonies and misdemeanors.
b) Tow truck driver training documentation shall be for the appropriate class of tow truck (e.g., a Class D driver shall have heavy duty tow driver's training documentation).
Note: A certificate for a higher level of training will be acceptable for all lower levels of tow trucks.
c) All operator, managers and drivers shall be provided with written notification regarding the reason(s) for denial of an operator, manager, or driver's CHP 234F within 30 days.
A failure to disclose any felony and/or misdemeanor convictions shall be cause for denial of a CHP 234F and is a misdemeanor pursuant to section 20 and 31 CVC.
13 C: UserslAG OfficelDownloadsiEvidence & City Vehicle Towing Services Bid.docx B. Completion and/or documentation of a tow truck driver's training does not indicate a sufficient level of competence.
C. Tow truck drivers shall perform all towing and recovery operations in the safest and most expedient manner possible.
D. Tow truck drivers shall be at least 18 years of age and shall possess the proper class of license and endorsements for the towed and towing vehicle.
E. Uniforms: MPD Evidence & City Vehicle Tow Service Agreement drivers shall wear an identifiable uniform (either shirt and pants, or coveralls) displaying the company and driver's names while engaged in MPD Evidence & City Vehicle Tow Service Agreement operations.
F. Personal Appearance: MPD Evidence & City Vehicle Tow Service Agreement drivers shall represent a professional image. An unacceptable representation would include unbathed. excessively dirty/torn uniform, body art. visible body piercing, etc.
Safety Garments: MPD Evidence & City Vehicle Tow Service Agreement drivers shall wear appropriate warning garments (e.g., vests, jackets, shirts, retro reflective clothing) during daylight and hours of darkness in accordance with California Code of Regulations. Title 8, Section 1598. If the tow truck driver is working on a Federal-aid highway, the operator shall comply with the guidelines contained in the Federal Code of Regulations, Title 23, Highways, Chapter 1, Federal Administration, Department of Transportation, Part 634, Worker Visibility, which requires high-visibility personal protective clothing to be worn that meets the Performance Class 2 or 3 requirements of the ANSI/ISEA 107- 2004.
H. Any felony or misdemeanor conviction of the operator or employee involving stolen or embezzled vehicles and/or other property. including receiving stolen vehicles and/or other property, fraud related to the towing business, a crime of violence, a drug related offense, or a crime of moral turpitude shall be cause for suspension or removal of an operator/employee, denial of an operator/employee's application, or termination of the ECVTSA.
TOW TRUCK CLASSIFICATIONS
This section contains important information regarding the tow truck classifications required under this ECVTSA. As such, you are required to initial each paragraph of this subsection in the box on the right-hand side below each numbered subparagraph to acknowledge that you have read and understood these requirements and that you agree to abide by the requirements set forth below. Should you have any questions about the contents of this subdivision, please ask the designated MPD Lieutenant. 14 C:lUsers\AG Office Downloads\Evidence & City Vehicle Towing Services Bid.doex A. An operator shall equip and maintain tow trucks covered under the ECVTSA in accordance with the provisions set forth in the California Vehicle Code, Title 13 of the California Code of Regulations ("CCR"), the specifications contained in this ECVTSA, and in a manner consistent with industry standards and practices.
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B. All recovery vehicles (wreckers) shall have an extendable/retractable boom meeting the specifications contained in this ECTSA and the most recent electronic version of the CHP 234B. Tow Truck Inspection Guide.
Class D tow trucks used exclusively for salvage and recovery operations are not required to possess wheel lift capabilities.
An operator who has a car carrier is exempted from the recovery, wheel lift, and boom capability requirements. However, the car carrier must be an additional unit and shall not be used for recovery.
1) An auto-loader without an extendable/retractable boom is an additional unit and shall not be used for recovery.
a) For purposes of the ECVTSA, recovery is defined as a vehicle which is overturned, down an embankment, or otherwise not upright on its wheels.
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C. A violation of the gross vehicle weight rating ("GVWR") and/or safe-loading weight rating, maximum tire weight ratings, or not maintaining 50 percent of the tow truck's unladen front axle weight on the front axle when towing.
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D. There are four (4) classes of tow trucks covered under this ECTSA.
Class A - Light Duty
a) An operator should maintain a minimum of one tow truck which has a manufacturer's GVWR of at least 14,000 pounds.
(1) After June 30, 2006, Class A 4-wheel drive tow trucks with a GVWR of less than 14,000 pounds may be listed as special equipment on the CHP 234A, Rotation Tow Listing Application. 15 C: Users\AG OfficelDownloadsiEvidence & City Vehicle Towing Services Bid.docy These tow trucks shall be used only for recoveries requiring the use of 4-wheel drive.
Class B - Medium Duty
a) An operator should maintain a minimum of one tow truck with a SVWR of at least 33,000 pounds. The truck shall be equipped witl air brakes and a tractor protection valve or device and be capable of providing and maintaining continuous air to the towed vehicle.
Class C - Heavy Duty
An operator should maintain at least one three-axle tow truck with a GVWR of at least 52,000 pounds. The truck shall be equipped with air brakes and must be capable of providing and maintaining continuous air to the towed vehicle.
4) Class D - Super Heavy Duty
a) An operator should maintain at least one three-axle tow truck with a GVWR of at least 54,000 pounds. The truck shall be equipped with air brakes and must be capable of providing and maintaining continuous air to the towed vehicle.
(1) If this class of tow truck is used exclusively for salvage and recovery operations. there is no requirement for providing and maintaining continuous air to the towed vehicle.
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GENERAL EQUIPMENT SPECIFICATIONS
Tow Truck and Car Carrier Classifications: Tow truck and car carrier classifications are based on the truck chassis GVWR and the classification system used by the American Trucking Association ("ATA") and truck manufacturers.
Tow truck and car carrier classifications shall meet all applicable state and/or federal standards.
B. Identification Labels: Each piece of towing equipment shall have a manufacturer's label or identification tag permanently affixed to the equipment in a prominent location to identify the manufacturer, serial number. model. and rated capacity.
Recovery Equipment Rating: The basic performance rating of the recovery equipment is the weight the equipment can lift in a winching mode, when the 16 C:lUsers\AG OfficelDownloadstEvidence & City Vehicle Towing Services Bid.doex boom is static at a 30-degree elevation with the load lines vertical and the lifting cables sharing the load equally, measured with a live load (weight or load cell).
The structural design of the recovery equipment must have a higher load capacity than the performance ratings.
2) Winches shall conform to or exceed the specifications set forth by the Recovery Equipment Rating, Society of Automotive Engineers ("SAE") Handbook. SAE J706.
All ratings for wire rope and chain assemblies are for the undamaged issembly condition. All wire rope and chain assemblies should be the ame type, construction, and rating as specified by the original equipmen manufacturer ("OEM") for the equipment.
D. Control/Safety Labels: All controls shall be clearly marked to indicate proper operation, as well as any special warnings or cautions.
9. INSPECTIONS
This section contains important information regarding the inspection rights, frequency and requirements mandated by this ECVTSA. As such, you are required to initial each paragraph of this subsection in the box on the right-hand side below each numbered subparagraph to acknowledge that you have read and understood these requirements and that you agree to abide by the requirements set forth below. Should you have any questions about the contents of this subdivision, please ask the designated MPD Lieutenant.
A. The MPD will be utilizing the CHP to conduct all open enrollment inspections for this ECVTSA. All tow companies, regardless if they are applying for CHP s TSA. shall have all their tow trucks inspected during the Merced Area CHP open enrollment inspections.
The MPD may conduct additional inspections without notice during normal business hours.
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B. The operator shall not dispatch any tow truck which has not been inspected by CHP and approved by the MPD
1) The MPD shall inspect a newly acquired tow truck within thirty (30) days of a request from an operator prior to use in the Evidence & City Vehicle Tow Service Agreement.
17 C: UserslAG OfficelDownluadslEvidence & City Vehicle Towing Services Bid.docx 2) The MPD may request the CHP to conduct additional inspections for them.
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The annual inspection shall consist of the following:
A tow truck inspection (CHP 234B, Tow Truck Inspection Guide) conducted by the California Highway Patrol during their open enrollment tow truck inspections.
A level One inspection (CHP 407E. Safety Net Driver/Vehicle Inspection Report) conducted by a commercial enforcement officer or Area tow officer with the assistance of a motor carrier specialist or commercial inspection specialist by the California Highway Patrol during their annual open enrollment two truck inspections.
Tow trucks arriving for inspection shall be properly equipped as outlined on the CHP 234B, and ready for immediate response for service.
Operators or tow truck drivers found exchanging equipment with other tow truck drivers during inspections shall be subject to disciplinary actions.
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D. If two (2) or more CVC requirements on the CHP 234B. Page one, receive a failing mark, the inspected truck has failed the initial annual inspection and shall count against the 50 percent failure rate. An "Out of Service" violation on a CHP 407F shall count as a failure of the initial annual inspection. 1) Other than the two (2) or more CVC requirements, a tow truck may fail based on additional failed items outlined on the CHP 234B.
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If a tow operator passes the annual tow truck inspection, with more than 50 ercent of their tow trucks, the operators initial annual inspection requiremer all be deemed satisfied for the purpose of their application. Otherwise. th operator's application shall be denied, and the operator may reapply during the next open enrollment period.
!? The operator whose trucks have successfully passed the initial annual inspection, by more than 50 percent but still have some tow trucks which failed. shall be allowed one re-inspection for those failed tow trucks. 18 C:lUsers\AG Office|DownloadstEvidence & City Vehicle Towing Services Bid.docx I understand and agree to this provision.
The intent of these inspections is to ensure operators are involved in an ongoing safety maintenance program for their tow trucks. The annual inspection is not intended to find out what needs to be repaired/replaced on an operator's tow truck. A tow truck responding to a MPD call shall be properly equipped and operating in a safe condition.
I understand and agree to this provision.
G. Tow trucks that fail the CHP initial annual inspection cannot be appealed to the MPD. Tow truck operators/owners must follow CHP procedures for any and all appeals related to tow truck inspections.
1 understand and agree to this provision.
H. Special Equipment
1) To properly and safely tow, service, or recover the wide variety of this spe perated on the highly designed prote purpose thine special equipment shall be listed on the operator's CHP 234A, Rotation Tow Listing Application, and should be used when appropriate.
All special equipment listed on the CHP 234A shall be accounted for during the annual inspection or when additional equipment is added.
Any special equipment which requires certification/inspection of the at the time of enrollment or as equipment is added by an operator.
I understand and agree to this provision...
Tow trucks shall comply with California Air Resource Board requirements. Tow trucks not in compliance shall be cause for disciplinary action. Operators shall provide a current copy of their California Air Resources Board certificate of Reported Compliance Truck and Bus regulation during open enrollment.
10. RATES
1. The rate for towing should be computed from portal to portal when a vehicle is towed to the operator'sstorage yard, Merced Police storage yard, or City of Merced Corp. yard.
Portal to portal shall be defined as follows: Time shall start from either the point of dispatch within Geographical Region outlined or upon departure from the place of 19 C:Users\AG OfficelDownloads\Evidence & City Vehicle Towing Services Bid.docx •
business, whichever is closer to the location of the call, and shall end at the estimated time of return to the place of business or completion of the call.
City of Merced Police department agrees to pay operator the following rates for services provided to the Merced Police:
A. Tow Rates:
1) Light Duty Tow Rate $150.00 per hour
2) Medium Duty Tow Rate $150.00 per hour
3) Heavy Duty Tow Rate $200.00 per hour
Note: In the event that time at the scene exceeds one (1) hour, charges shall be itemized and charged infifteen (15) minute increments based on the per-hour rate.
B. Storage Rates:
1) Flat Rate for Storage $0.00 per day
2) Storage of Commercial Vehicles $0.00 per dayas described in Section 34500 of the Vehicle Code.
(No charges will be allowed for tow dolly)
Sore rate are one pad on a per chicle baris rese ukractor would occupy tie. vehicle spaces).
C. Call-Out Post Storage Inspection Rate $95.00 per hour D. Tire repair/replacement rate: $95.00 Flat rate within city limits. $100.00 When outside city limits.
FINANCIAL RESPONSIBILITY
When vehicles and property are impounded as evidence for use in an investigation and possible prosecution of a crime. the Merced Police Department is financially responsible for towing, recovery andstorage charges incurred.
2. Storage rates charged to the City of Merced as a result of vehicles stored under this Agreement shall not exceed the rates specified in this Agreement.
3. The registered owner is responsible for all storage charges incurred after 20 C: \Users\AG OfficelDownloads Evidence & City Vehicle Towing Services Bid (2). doc the vehicle is released by the Merced Police Department. Refer to Division 11, Chapter 10, Article 2, beginning with Section 22851 of the California Vehicle Code for information regarding lien sales.
4. All towing, recovery and storage performed in accordance with the specifications in this Agreement shall not be charged to the vehicle owner or the vehicle owner's insurance company when Merced Police Department is responsible for the charges as outlined in this agreement.
E. Rate requirements represent the maximum an operator may charge on a MPD call per hour.
An operator is not precluded from charging less when deemed appropriate by the operator.
These requirements shall not be construed as requiring a charge if an operator would not normally charge for such service.
Any operator who charges rates above the submitted rates for a MPD call shall be subject to disciplinary action.
G. In an effort to remain competitive in the open market, the operator may lower retail rates at any time by notifying the MPD.
1) When an operator lowers the retail rate, that retail rate becomes the operator's new approved rate.
H. A valid bank credit card or cash payment shall be accepted for payment of storage and/or towing pursuant to Sections 22651.1 and 22651.07(c)(5) of the CVC.
A surcharge shall not be imposed upon a cardholder who elects to use a credit card for payment, as a result of a rotation call, pursuant to Section 1748.1 of the CC and section 22651.07(c)(5) of the CVC.
I. The approved schedule of rates charged by the operator shall be available in the tow truck and shall be presented upon demand to the vehicle owner/agent for whom the tow service was provided or any MPD officer at the scene.
There shall be no additional charge for moving (i.e., driving, towing, pushing, utilizing a forklift) a stored/impounded vehicle from inside an operator's storage yard to the front of the business establishment.
K. Operators may only raise rates during the renewal period of this agreement.
C:Users\AG OfficelDownloadsiEvidence & City Vehicle Towing Services Bid (2).docx Tow Rates
The rate for towing should be computed from portal to portal when a vehicle is towed to the operator's storage yard.
Portal to portal is defined as follows: Time shall start from either 2) The time expended for towing a vehicle back to the operator's storage yard should be charged at a rate not to exceed the hourly rate.
Time expended in excess of the hourly rate shall be calculated in no more than one-minute increments.
There shall be no additional charges for mileage, etc.
A clear, itemized, and detailed explanation of any additional service that caused the time to exceed one hour shall be documented on the invoice pursuant to Section 22651.07(g)(7) of the CVC.
4) The operator may submit two retail hourly tow rates. : One rate for calls originating during normal business hours and one rate for calls originating after business hours, not to exceed 10 percent of the daily rate. 5) The operator shall base charges for the class of vehicle being towed or serviced, regardless of the class of tow truck used. When vehicle recovery Qurations require larges class tow truck, the higher rate may be charged M. Service Call
1) The operator may charge up to a 30-minute minimum per call for any service which is performed when the vehicle operator or agent is present and the vehicle is not stored at the direction of an officer or returned to the operator's storage yard.
2) Rates for a service call (out-of-gas, lockouts, tire changes, etc.) should be from portal to end of service.
Charges in excess of a 30-minute service call may be charged in no more than one-minute increments.
22 C:Users/AG OfficelDownloads\Evidence & City Vehicle Towing Services Bid.docx a) A clear, itemized, and detailed explanation of any additional service that caused the time to exceed one hour shall be documented on the invoice pursuant to Section 22651.07(g)(7) of the CVC.
If the service cannot be performed safely at the vehicle's location, the vehicle may be moved to safe location to perform the service at the service call rate.
4) Fuel charges for gasoline dispensed on out-of-gas service calls shall be at the prevailing market rate.
In lieu of dispensing gasoline, the tow truck driver may transport the vehicle and its driver to a safe location or gas station at the service call rate.
N. Storage Fees
1) A vehicle stored/impounded for 24 hours or less shall be charged not more than one day storage pursuant to Section 3068.1(a) of the CC. a) If the vehicle is released from storage after 24 hours has lapsed. charges may be allowed on a full calendar-day basis for each day of storage or part thereof pursuant to Section 3068.1(a) CC. 2) Storage of vehicles in combination should be charged a per vehicle rate except for dollies, con-gear, vehicle on a car carrier/trailer, etc.
Dollies and con-gear, not in combination, may be charged a storage rate not to exceed Class A storage fees.
3) Inside storage fees shall only be charged when inside storage is requested by the MPD, registered owner, legal owner, insurance company, or when the inside storage can be justified by the tow operator. 4) The operator shall display in plain view at all cashiers' stations, a sign as described in Section 3070(d)(2)(E) of the CC, disclosing all storage tees and charges in force, including the maximum storage rate.
0. Lien Fees
1) If a vehicle has been determined to have a value exceeding four thousand ($4000.00), pursuant to Section 22670 of the CVC, the lien shall be satisfied pursuant to section 3071 CC (See Section 3074 of the CC). 23 C:lUsersIAG OfficelDownloadslEvidence & City Vehicle Towing Services Bid.docx 2) The lien holder may charge a fee for lien sale preparation not to exceed seventy dollars ($70.00), for a vehicle valued at four thousand dollars ($4000.00) or less and not to exceed one hundred dollars ($100.00) for a vehicle valued at greater than four thousand dollars ($4000.00) (Section 3074 of the CC).
These charges may commence when the lien holder requests the names and addresses of all persons have an interest in the vehicle from the Department of Motor Vehicles (Section 3074 of the CC) b) Not more than 50 percent of the allowable fee may be charged until the lien sale notifications are mailed to all interested parties and the lien holder or registration service agent has possession of the required lien processing documents (Section 3074 of the CC). c) This charge shall not be made in the case of any vehicle redeemed prior to 72 hours from the initial storage (Section 3074 of the CC).
11. COLLUSION
A. An operator and/or applicant shall not conspire, attempt to conspire, or commit any other act of collusion with any other operator or applicant for the purpose of secretly, or otherwise, establishing an understanding regarding rates or conditions to the Evidence & City Vehicle Tow Service Agreement that would bring about any unfair condition which could be prejudicial to the MPD. the motoring public, or other operators.
A finding by the MPD that any operator or applicant has been involved in collusion shall be cause for denial of an application or shall nullify the Evidence & City Vehicle Tow Service Agreement. Any operator or applicant found to be involved in any act, or attempted act of collusion, shall be disqualified from participation on all MPD Evidence & City Vehicle Tow Service Agreement for the current term plus three years.
12. INSURANCE
A. The operator shall obtain, pay for, and maintain in full force and effect during the erm of this ECVTSA all policies of insurance required hereunder with a nsurance company admitted by the California Insurance Commissioner to d business in the State of California and rated not less than "A-VIl" in Best's Insurance Rating Guide:
1) Commercial General Liability insurance which shall be on the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 or CA 00 05 and include coverage fo "bodily injury." "broad form property damage," and "personal and 24 C: UserslAG OfficelDownloads\Evidence & City Vehicle Towing Services Bid.doex advertising injury" with coverage for premises and operations (including the use of owned and non-owned equipment), and contractual liability with limits of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate.
Uninsured Motorist- Legal minimum, combined single limit.
Business Automobile Liability insurance which shall be on the most current version of the Insurance Service Office (ISO) Business Auto than $1,000,000 per occurrence including:
On hook or cargo insurance insuring the vehicle in tow with a max deductible of $1,000 and the limits based on the size of the tow truck as follows:
Class A tow truck $50,000
• Class B tow truck $100,000
Class C tow truck $200.000
Class D tow truck $250,000
b) Garage keeper's liability with the following limits:
10 or fewer vehicles: Minimum limit $100,000
Maximum deductible $1,000
11-25 vehicles: Minimum limit $250,000
Maximum deductible $1,000
26-50 vehicles Minimum limit $500,000
Maximum deductible $1,000
Over 50 vehicles: Minimum limit $1,000,000
Maximum deductible $1,000
Workers' Compensation insurance as required under the California Labor Code.
B. The above-mentioned policies of insurance shall be endorsed to provide an unrestricted 30 calendar day written notice in favor of City of policy cancellation, change or reduction of coverage, except for the Workers' Compensation policy which shall provide a 10 calendar day written notice of such cancellation, change. or reduction in coverage. Such notice shall be provided to the City Clerk at the following address:
City of Merced
Attn: City Clerk
25 C: Users\AG OfficelDownloads Evidence & City Vehicle Towing Services Bid.doc 678 West 18th Street
Merced, California 95340
In the event any policies are due to expire during the term of this ECVTSA, the operator shall provide a new certificate and all applicable endorsements evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy(ies). Upon issuance by the insurer, broker, or agent of a notice of cancellation, change or reduction in coverage, the operator shall file with City a new certificate and all applicable endorsements for such policy(ies).
C. The Commercial General Liability and Business Automobile Liability insurance policies shall be written on an occurrence form and shall name City, its officers. officials, agents, employees and volunteers as an additional insured. Such policies of insurance shall be endorsed so the operator's insurance shall be primary, and no contribution shall be required by City. Any Workers' Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents, employees and volunteers. The operator shall have furnished City with the certificates and applicable endorsements for ALL required insurance mentioned herein prior to the operator's commencement of tow operations under this ECVTSA including, but not limited to, an endorsement evidencing the City, its officers, officials, agents, employees and volunteers are additionally insured under the policy. The operator shall furnish City with copies of the actual policy(ies) upon City's request at any time during the term of this ECVTSA or any extension thereof, and this requirement shall survive termination or expiration of this ECVTSA.
D. If at any time during the life of this ECVTSA or any extension, the operator fails to maintain the insurance required herein in full force and effect, all operations called for in this ECVTSA shall be discontinued immediately, and all payments due or that become due to the operator shall be withheld until notice is received by City that the required insurance mentioned herein has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City.
Failure of operator to maintain the minimum insurance requirements set forth in this ECVTSA shall be sufficient cause for City to immediately terminate this ECVTSA.
13. INDEMNITY
The operator shall indemnify, protect, defend (with legal counsel selected by the City), save and hold City, its officers, employees, and agents, harmless from any and all claims or causes of action for death or injury to persons, or damage to property resulting from intentional or negligent acts, errors, or omissions of the operator or the operator's officers, employees. volunteers, and agents during performance of this ECTSA, or from any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the 26 C:lUserstAG Office\Downloads\Evidence & City Vehicle Towing Services Bid.doex willful misconduct, negligent acts, or omissions of the operator or its employees, subcontractors, or agents, or by the quality or character of the operator's work, or resulting from the negligence of the City, its officers, employees, volunteers and agents, except for loss caused solely by the gross negligence of the City. It is understood that the duty of the operator to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.
Acceptance by City of insurance certificates and endorsements required under this ECTSA does not relieve the operator from liability under this indemnification and hold harmless clause.
This indemnification and hold harmless clause shall survive the termination of this ECVTSA and shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this ECTSA and by way of his or her initials below, the operator acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
I have read the foregoing indemnity provision and understand its contents. I agree to the provisions of this section ...
....
14. INDEPENDENT CONTRACTOR
It is expressly understood that the operator is an independent contractor and that its employees shall not be employees of or have any contractual relationship with the City. The operator shall be responsible for the payment of all taxes, workers' compensation insurance and unemployment insurance. Should the operator desire any insurance protection, the operator is to acquire same at its expense.
In the event the operator or any employee, agent, or subcontractor of the operator providing services under this ECVTSA is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, the operator shall indemnify, protect, defend, and hold harmless the City for the payment of any employee and/or employer contributions for PERS benefits on behalf of the operator or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
15. ANNUAL OPEN ENROLLMENT/MEETINGS
The MPD Lieutenant / Sergeant shall conduct, at a minimum, one (1) open enrollment meeting to discuss the forthcoming ECVTSA term and issues concerning the Evidence & City Vehicle Tow Service Agreement .
The MPD shall provide a 30-day written notice of the meeting to the current operator under the Evidence & City Vehicle Tow Service Agreement and to those new operators expressing interest.
The written notice shall be sent via certified mail, hand delivered, or electronically delivered with confirmation received by MPD within 24 hours, or next business day.
27 C: UserslAG OfficeiDownloadstEvidence & City Vehicle Towing Services Bid.doex 2) If an operator or operator's designee fails to attend the open enrollment meeting, the operator's application for the forthcoming EVTSA term shall be denied.
The operator shall be provided with written notification of the denial and may re-apply during the next open enrollment.
B. Any subsequent meetings, outside the open enrollment meeting, shall be mandatory for the operator or operator's designee.
1) The MPD shall give a 30-day written notice, if practical, of the meeting.
Failure to attend a meeting shall result in disciplinary action as set forth in Subsection 20 of this ECVTSA.
16. DEMEANOR AND CONDUCT
A. While involved in MPD Evidence & City Vehicle Tow Service Agreement tow operations or related business, the tow operator and/or employee(s) shall refrain from any acts of misconduct including. but not limited to, any of the following:
1) Rude or discourteous behavior.
Lack of service, selective service. or refusal to provide service which the operator is capable of performing.
3) Any act of sexual harassment or sexual impropriety.
Unsafe driving practices.
5) Exhibiting any objective symptoms of alcohol or drug use. a) The operator/tow truck driver shall submit to a preliminary alcohol-screening test upon demand of the MPD if an odor of ar alcoholic beverage is detected upon his/her person.
Any acts of discrimination and/or racism based on a protected group.
17. TOW COMPLAINTS
A. All MPD related tow service complaints received or initiated by the MPD against a tow operator or tow operator's employees shall be accepted and investigated in a fair and impartial manner.
The tow operator and their employees shall cooperate with MPD investigators during the course of an investigation.
28 C: Users\AG OfficelDownloads\Evidence & City Vehicle Towing Services Bid.dock B. Alleged violations of the EVTSA shall be investigated by the MPD Lieutenant / Sergeant.
C. The operator shall be notified in writing of the findings within 30-days of the conclusion of any investigation.
Should the filing of criminal charges be a possibility, the MPD shall conduct the investigation to conclusion or assist the lead investigating agency and request prosecution if warranted.
Complaints for violations of the law not normally investigated by MPD shall be referred to the agency with investigation jurisdiction.
18. COMPLIANCE WITH LAW
A. The tow operator and employees shall, at all times, comply with federal, state, and local laws and ordinances.
B. Any felony or misdemeanor conviction of the operator or employee involving:
stolen or embezzled vehicles and/or other property, including receiving stolen vehicles and/or other property, fraud related to the towing business, a crime of violence, a drug-related offense, driving while under the influence of alcohol or drugs, or a crime of moral turpitude shall be cause for suspension or removal of an operator/employee, denial of an operator/employee's application, or termination of the ECVTSA.
MPD personnel, as well as tow operators and their employees, shall neither be offered nor accept gratuities pursuant to Section 12110(a) of the CVC.
D. No tow operator or their employees shall accept any gratuities from a repair shop for the delivery of a vehicle, not owned by the repair shop or tow company, for the purpose of storage or repair pursuant to Section 12110(c) of the CVC.
E. An operator shall satisfy a court order mandating reimbursement to the vehicle or property owner for the damage or loss which occurred while the vehicle was in the operator's custody.
F. An operator or employee arrested/charged for a violation involving any of the above crimes should be suspended until the case is adjudicated.
19. COMPLIANCE WITH ECTSA
A. The operator agrees, as a condition of inclusion in the ECVTSA, to comply with the terms and conditions of the ECVTSA. Furthermore, the operator or operator's agent agrees that failure to comply with these terms and conditions shall be cause for disciplinary action (i.e., written reprimand, suspension, termination, or denial of an application as set forth in Subsection 20 of this ECVTSA).
C•Users\AG OfficelDownloads\Evidence & City Vehicle Towing Services Bid.docx B. A violation of the equipment requirements related to safety shall be cause for immediate suspension.
The suspension shall remain in effect until the suspension period is completed and the MPD has inspected the equipment and concluded the operator is in compliance.
C. A violation of the GVWR and/or safe loading requirements of a tow truck may be cause for disciplinary action.
1) This includes exceeding the tow truck's GVWR, front axle weight rating ("FAWR"), rear axle weight rating ("RAWR"), maximum tire weight ratings, or not maintaining 50 percent of the tow truck's laden front axle weight on the front axle when in tow.
A violation of intentionally overcharging or a pattern of overcharging shall be cause for suspension.
The suspension shall remain in effect until the suspension period is completed and proof of reimbursement to the aggrieved customer has been provided to the MPD.
Any unsatislactory terminal evaluation rating issued by the Motor Carrier Safety Unit (MCSU") shall be cause for suspension.
The suspension shall remain in effect until proof of a satisfactory compliance rating from the MCSU has been provided to the MPD.
F. Allowing an incompetent tow truck driver 1o respond to a MPD call shall be cause for disciplinary action of the operator.
G. An operator responding a tow truck driver to a MPD call (i.e.. those drivers MED, Shed by cause for disciplis by aces ho havenot been approved by the H. Tow operators and/or tow drivers shall not record (i.e.. videotape or photograph) a scene unless it is for official use by the tow company for business related reasons.
The on-scene investigating officer or incident commander shall make the determination when a tow operator may record a scene for tow related business reasons.
In the event a tow operator is determined to be in violation of this provision, they will immediately surrender any such recording device to an officer of the Merced Police Department.
30 C: Users\AG OfficelDownloads Evidence & City Vehicle Towing Services Bid.docx
20. DISCIPLINARY ACTION
A. The MPD Lieutenant / Sergeant shall take disciplinary action against an operator for violations investigated and sustained. Furthermore, the operator agrees that tailure by the operator, or their agent, to comply with these terms and conditions shall be cause for disciplinary action (i.e., written reprimand, suspension, denial of an application, or termination from the MPD ECVTSA. (See Section 2424(d) of the CVC.)
1) The MPD Lieutenant / Sergeant shall retain discretion regarding the length of any suspension imposed pursuant to the terms and conditions of this ECVTSA.
B. Nothing shall preclude the MPD from taking the appropriate enforcement or administrative action for any violations of law.
C. Nothing herein shall be deemed to prohibit the MPD in its sole discretion from immediately suspending. terminating. or denying an application of any operator or employee for any of the following:
Whose conduct, in the opinion of the MPD, is deemed to be a danger to the motoring public (e.g., registered sex offender, acts of violence, fraud).
A violation of equipment requirements related to safety. 3) Who has engaged in conduct constituting a flagrant violation of the ECVTSA.
D. Records of violations shall be retained by the MPD for 36 months, plus the current ECVTSA.
21. TERMS OF DISCIPLINARY ACTION
Violations of the terms and conditions of the ECVTSA may be cause for disciplinary action in the following manner:
1) First violation within a 12-month period - letter of written reprimand.
Second violation within a 12-month period - termination of the ECTSA.
NOTE: Nothing may preclude the MPD Lieutenant / Sergeant from imposing a suspension for a first violation pursuant to Element 20. Disciplinary Action, Item C. 31 C:lUsers\AG Office\Downloads\Evidence & City Vehicle Towing Services Bid.doex B. Violations of the terms and conditions of the ECVTSA which warrant suspension for the first violation are categorized as major violations. Any subsequent or continuing major violation may be cause for termination.
In lieu of termination, the MPD Lieutenant / Sergeant may impose additional suspensions for longer periods, if deemed appropriate. 2) When considering disciplinary action for a major violation of the CVTSA, the MPD Lieutenant / Sergeant should take into consideration all violations which have occurred within 36 months prior to the date o the current violation.
A terminated or suspended operator, and/or the tow business owner at the time of the suspension or termination, shall not be eligible for the ECVTSA for the duration of the suspension or termination.
This provision applies to the operator working in any capacity within any tow business or operating any tow business, even if operated under new ownership.
D. If the operator is serving a suspension, the operator shall be required to have complied with all terms and conditions of the current ECTSA at the time of An operator shall comply with all the terms of the suspension (i.e., restitution to victims, court orders) prior to reinstatement or reapplication.
22. HEARING/APPEAL
A. A hearing shall be granted, upon an operator's request, within ten (10) calendar days. for any of the following circumstances:
1) Operator is served with disciplinary action.
Denial of an operator's ECVTSA tow application (CHP 234A.) or an operator/driver application (CHP 234F).
B. The MPD shall provide written notification to the operator requesting a hearing Indicating acknowledgement of the hearing request and a hearing date assigned.
C. A hearing shall be held as soon as practicable.
D. The hearing shall be conducted by an MPD Sergeant, and the operator shall be entitled to present all relevant facts and circumstances in support of the operator's position.
32 C:NUsers\AG OfficelDownloads\Evidence & City Vehicle Towing Services Bid.docx 1) The operator shall be entitled to present testimony of at least one qualified person (i.e.. representation by counsel or attorney).
The operator shall be notified in writing of the MPD Sergeant's decision(s) within ten (10) business days of the date of completion of the hearing.
F. Upon receipt of the Sergeant's written hearing decision, if the operator is dissatisfied with the MPD Sergeant's decision(s), the operator may appeal by submitting a written request to a designated MPD Lieutenant within ten (10) calendar days.
G. The appeal shall be conducted by the MPD Lieutenant or his or her designee and shall be held as soon as practicable.
H. The Lieutenant shall provide written notification to the operator requesting an appeal indicating acknowledgement of the appeal request and an appeal date assigned.
The operator shall have the same rights as afforded at the Sergeant's level.
The operator shall be notified in writing of the Lieutenant's decision(s) within ten (10) business days of the appeal.
The MPD Lieutenant's decision(s) shall be subject to no further administrative appeal.
I. Disciplinary action shall not take effect until the hearing and appeal process has been exhausted. with the exception of operators whose conduct is deemed to be a danger to the motoring public or who continue to violate the terms and conditions of this ECVTSA.
If an operator fails to request a hearing or appeal within the specified time or fails to appear at a scheduled hearing or appeal, the action taken by the MPD Sergeant shall be final and the disciplinary action shall take effect upon written notification
23. ADVERTISING
The operator shall not display any sign or engage in any advertisement indicating an official or unofficial connection with the MPD or the Department of Motor Vehicles.
24. CANCELLATION
This ECVTSA may be canceled by either party by providing 10 days written notice to the other party.
33 C: Users\AG OfficelDownloads!Evidence & City Vehicle Towing Services Bid.doex
25. TERM OF AGREEMENT
This Agreement shall be in effect from December 1, 2021, through June 30, 2023, unless sooner cancelled or terminated by the City.
This Agreement is dated for convenience this 2021 and shall not be effective for an Operator until the Operator has completed application procedures, provided proof of the required insurance coverage and has executed the "Operator Approval."
CITY OF MERCED
A California Charter Municipal
Corporation
BY:
City Manager
ATTEST:
STEPHANIE DIETZ. CITY CLERK
BY:
Assistant/Deputy City Clerk
APPROVED AS TO FORM:
on As talent iner
ACCOUNT DATA:
BY:
Verified by Finance Officer
26. OPERATOR APPROVAL
C: UserslAG OfficelDownloads Evidenco & City Vehicle Towing Services Bid (2) doex I certify that all drivers operating under this Evidence & City Vehicle Tow Service Agreement (ECVTSA) are qualified and competent. I further certify that I have read and understand this ECVTSA and agree to abide by all the provisions.
2021 and end NoN 2022
Date Date
Operator Approval
Signature Typed Name
Aurelio Gomes
Company Title Date
Are Tring Owner 11/29/21
Business Address Phone Number
1950 Ashby Rd 209 678-3189
Motor Carrier Permit Number
CA 0396775
35 C:UsersiAG OfficelDownloadstEvidence & City Vehicle Towing Services Bid (2). doex