Franchise Tow RFQ — Rialto City Council, May 14, 2024

City of Rialto
Purchasing Division
Purchasing Manager: Shanita Simmons
Phone: (909) 820-2570 Fax: (909) 820-2600
Email: [email protected]
REQUEST FOR QUALIFICATIONS #24-010

OFFICIAL POLICE TOW TRUCK SERVICES
Closing Date: October 27, 2023, at 4:00 P.M.

RFQ Number: 24-010
Due Date: October 27, 2023
Time: 4:00 P.M.

Project: Official Police Tow
Truck Services
Proposers shall submit a fully executed Qualification Statements via PlanetBids, to be received no later than 4:00 P.M., Friday, October 27, 2023.

NOTE: Request for Qualifications shall be submitted electronically online through PlanetBids. Request for Qualifications will not be accepted directly by the City. Please refer to the Bid Opportunities through PlanetBids at:
https://pbsystem.planetbids.com/portal/28159/bo/bo-search Cover Page

CITY OF RIALTO, CALIFORNIA
NOTICE FOR REQUEST FOR QUALIFICATIONS #24-010

OFFICIAL POLICE TOW TRUCK SERVICES
NOTICE IS HEREBY GIVEN by the City of Rialto (City) is seeking Request for Qualifications trom qualitied protessional firms to provide the City with OFFICIAL POLICE TOW TRUCK SERVICES.

SCOPE OF SERVICES: The scope of work generally includes: Towing services shall include, but not be limited to, removal of wrecked vehicles from ditches/canals or separation of entangled vehicles, removal of vehicles for criminalistic and/or evidentiary purposes.

OBTAINING RFQ DOCUMENTS AND ADDENDA: The RFQ document may be downloaded through PlanetBids at: https://pbsystem.planetbids.com/portal/28159/bo/bo-search.

To obtain RFQ Documents and Addenda, and to submit the Request for Qualifications, will require the Proposer to register with the City of Rialto Vendor Portal.

For assistance with accessing RFQ Documents or with registering as a Vendor, please contact the Purchasing Division at (909) 820-2570.

EVALUATION OF REQUEST FOR QUALIFICATIONS AND AWARD OF CONTRACT: This solicitation has been developed in the One-Step Request for Qualifications (RFQ) format Accordingly, firms should take note that multiple factors as identified in the RFQ will be considered by the Evaluation Committee to determine which Request for Qualifications best meets the requirements set forth in the RFQ document. The City reserves the right to negotiate the terms and conditions of any resulting contract. Final contract award, if any, will be made by the City Manager or City Council in accordance with Chapter 2.48 of the Rialto Municipal Code. The selected firm will be required to comply with all insurance and license requirements of the City. The City also reserves the right to reject all submitted Request for Qualifications and cancel the RFQ or reissue the RFQ.

DEADLINE: The Qualification Statements must be submitted electronically through PlanetBids betore October 27, 2023, at 4:00 p.m. Mailed or hand delivered proposals will not be accepted.

Table of Contents
REQUEST FOR QUALIFICATIONS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their RFQ shall be valid for a period of 120 calendar days from the due date of proposals.
(s) Shanita Simmons
City of Rialto
Purchasing
Publish:

Provide proof of publication
Table of Contents

CITY OF RIALTO, CALIFORNIA
NOTICE FOR REQUEST FOR QUALIFICATIONS #24-010

OFFICIAL POLICE TOW TRUCK SERVICES
Requests for Qualifications #24-010, for Official Police Tow Truck Services (hereinafter the "RFQ") will be electronically received via PlanetBids on their website at https://pbsystem.planetbids.com/portal/28159/bo/bo-search on October 27, 2023 at 4:00 P.M The receiving time on the PlanetBids website will be the governing time for acceptability of RFQs. Paper qualification statements, or RFQs sent by any other means, or to any other electronic file or email address other than the link provided in this RFQ will NOT be accepted.

Late Request for Qualifications will not be accepted. Failure to acknowledge Addenda may render a RFQ as being non-responsive.

1. PURPOSE AND SCHEDULE:

The City of Rialto is requesting Request for Qualifications from qualified professional firms to provide the City with Official Police Tow Truck Services. The selected firm or team (hereinafter the "Consultant") will be responsible for Citywide Towing Services.

SCHEDULE:

Notice requesting Request for Qualifications posted and issued ... September 26, 2023 Deadline for receipt of Questions .... October 16, 2023, at 4:00 p.m.

Deadline for receipt of Statement of Qualifications October 27, 2023, at 4:00 P.M.

Contract Award.. .. TBD
*Dates above are subject to change.
"KEY" TO RFQ ATTACHMENTS:

ATTACHMENT A - Signature Authorization and Addenda Acknowledgement ATTACHMENT B - Non-Collusion Affidavit Form
ATTACHMENT C - Conflict Disclosure Form
ATTACHMENT D - Debarment and Suspension Certification
ATTACHMENT E - Non-Discrimination Certification
ATTACHMENT F - Local Business Preference Form
ATTACHMENT G - Scope of Services
ATTACHMENT H - Rialto Municipal Code 5.42
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2. BACKGROUND:

The City of Rialto was incorporated in 1911 but can trace its roots to the 15th century when the Serrano Indians settled in the region. Over the next 500 years, Rialto went through multiple iterations - as a Mexican land grant, a ranching and railroad center, a popular stop along Route 66, and, ultimately, a thriving population and economic center for Southern California's Inland Empire.

According to the 2020 U.S. Census, 104,026 people live in Rialto. Rialto is 4 miles wide and

8.5 miles long (24.13 square miles). The City operates as a general law City with a City Council-City Manager form of government. Five Council members serve four year, overlapping terms, with elections held every two years.

Rialto is an ethnically diverse and progressive community, which boasts several unique community assets including its own Police and Fire Departments, a City owned Racquet and Fitness Center, Performing Arts Theater, a Community Center and Senior Center. Rialto is conveniently located to various recreational pursuits from the mountains, beaches, and desert.

The City of Rialto (City) is now requesting Request of Qualifications (RFQ) from qualified suppliers to provide the Official Police Tow Truck Services, for the remainder of Fiscal Year 2024 through Fiscal Year 2026, with the potential for two (2) additional one (1) year extensions to extend the service through the end of Fiscal Year 2028.

3. SCOPE OF SERVICES:

The following scope of services is provided for the selection process. The City may alter the scope prior to executing a professional services agreement with the selected firm.

A. Official Police Tow Services shall provide towing equipment capable of providing for the following services:

1. Recovery trucks) with an adjustable boom with a minimum lifting capacity of at least eight (8) tons.

2. Wheel lift towing.

3. Roll back/flatbed towing.

4. Towing in parking garages.

5. Towing from off-road areas.

6. Towing of large and oversized vehicles.

7. Towing of motorcycles without causing additional damage.

B. All tow trucks shall be equipped as provided in the California Vehicle Code.

C. Official Police Tow Services shall, at all times, have at least three (3) fully equipped and operational tow trucks in service. All of the tow trucks in service must have a minimum capacity of one (1) ton. At least one (1) of the tow trucks in service must have a flatbed tow truck. At least one (1) of the three (3) tow trucks in service must have an eight (8) ton lifting capacity.

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D. Where feasible and practicable, every Official Police Tow Service shall be equipped for and have personnel proficient in unlocking locked vehicles when requested to do so by Police Department employees.

Standard Rules of Operation
A. All requests for towing service and the removal of traffic hazards shall be made through the Police Department. Official Police Tow Services shall provide towing service when:

1. The owner or driver of a disabled vehicle is unable to or fails to specify a garage or tow service.

2. A disabled vehicle presents a hazard that renders any request by a driver or owner impractical.

A police department employee requests a towing service for the purposes of storing or impounding a vehicle, and the owner or driver is not present or not consulted due to an arrest.

B. Each Official Police Tow Services shall comply with all of the following regulations relating to tow rates, hours of operation, identification, and vehicle release:

1. Official Police Tow Service's business office and storage yard shall be located within the City limits and attended at all times for servicing the public and the City from 8:00 a.m. to 5:00 p.m., Monday through Friday, except for the major holidays observed by the City of Rialto.

2. Official Police Tow Service's business office shall have a sign posted including the company name, address, phone number, and hours of operation, clearly visible from the roadway. Official Police Tow Service shall maintain a sign listing the rates and charges of all towing and storage services offered. Such rates sign shall be conspicuously placed in the business office or such other places where customer financial transactions take place.

3. Official Police Tow Service may collect an additional charge for release of vehicles after normal business hours.

4. Official Police Tow Service must be available to promptly respond twenty-four (24) hours a day, seven (7) days a week. 365 days a year, to all requests by the City for towing services.

5. Official Police Tow Service shall release vehicles stored or impounded by the Police Department, pursuant to authorization provided by appropriate employees of the Police Department. Such authorization shall be in writing on a form provided by the

6. All vehicles stored or impounded as a result of a tow ordered by the Police Department shall be made available to the owner of the vehicle or his RFP #24-010

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representative, any insurance agent, insurance adjustor, or any body shop or car dealer, for the purpose of estimating or appraising damages, except vehicles with a "Police hold."

7. All vehicles deem to be in a state of scrape (burned out cars, scrap metals and RV Shells) are exempt from Franchisee Fees.

C. Removing Hazards, after being dispatched by the Police Department to the scene, an Official Police Tow Service operator shall cooperate with the Police Officers in removing hazards and illegally parked vehicles as requested. It is the duty of the Police Officers to determine when such vehicle should be impounded or moved, and the Official Police Tow Service operator shall abide by their decisions. This requirement shall only apply to Official Police Tow Services summoned to a scene in response to an official request by the Police Department for tow services.

D. Each Official Police Tow Service shall comply with Section 27907 of the California Vehicle Code regarding signs on tow trucks.

E. Each Official Police Tow Service shall agree to abide by the rotation system established by the Police Department pursuant to the provisions of Section 5.42.110 of this chapter.

F. In the RMC, Section 5.42.210, subsection F, it states the following: "Each Official Police Tow Service shall tow and provide services to all city vehicles, other than heavy duty vehicles, free of charge in and within 5 miles of the City limits." G. Each Official Police Tow Service and its officers, employees and agents shall be responsible for their acts while performing duties pursuant to their respective franchise agreements as follows:

1. The owners of Official Police Tow Service participating in towing assignments by the Police Department shall be responsible for the acts of their employees while on duty.

2. Each participating Official Police Tow Service shall be responsible for damage to vehicles while in its possession caused by the active or passive negligence of that Official Police Tow Service.

Each Official Police Tow Service shall be responsible for damage to person or property cause by the active or passive negligence or willful misconduct of its employees enroute to or from a City request for tow services.

Each Official Police Tow Service and its employees, drivers, and agents shall comply with all applicable federal, state, and local laws, including but not limited to all applicable provisions of the California Vehicle Code.

Each Official Police Tow Service shall procure and maintain, at its sole cost, a policy of public liability insurance in an amount and form acceptable to the City RFP #24-010

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Risk Manager. Such liability policy shall be maintained in full force and effect for the entire term of the tow company's franchise agreement and proof of such public liability insurance shall be provided to the City on demand.

6. Each Official Police Tow Service agrees to protect, indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, demands, or liability from or relating to loss, damage, or injury to persons or property in any manner whatsoever arising out of or incident to the Official Police Tow Service's franchise with the City or with the Official Police Tow Service's performance of work under such franchise, including, without limitation, all consequential damages caused in the preparation to respond to an official Police request for towing services, in providing Official Police Towing Services and subsequent storage of vehicles, and in other related maintenance activities, whether such claims are caused by the negligence of the tow company or its agents and employees.

H. Throughout the entire term of its franchise with the City, inclusive of all renewals if any, an Official Police Tow Service shall abide by the following:

All Official Police Tow Service's records, equipment, and storage facilities will be subject to periodic checks by Police Department or other City investigators during normal business hours.

Every Official Police Tow Service shall maintain all offices, storage facilities and equipment in a neat, clean, and organized manner.

1. All official Police Tow Service shall record its time in and its time out on every tow truck assignment. Such records shall be available and open to City examination.

1. All Official Police Tow Services shall submit a monthly report to the Chief of designer, iso shal inglude the tolovietor of Administrative Services or his/he a. Dotals died number of times dispatched by Rialto Police b.

Number or these calls resulting in impounds
d. Total amount received from towing services:
e. Total amount received from after-hour release charges:
f. Number of vehicles sold on lien sale under authority of Civil Section 3072, and reporting said lien sales as per authority of California RFP #24-010

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g. Number of vehicles sold under authority of Civil Code Section3073; h. For individual sales, the DMV release of liability form; i. For all bulk sales, the name of the salvage company or individual purchaser and the vehicle identification numbers of all vehicles sold; j. Number of calls answered in which time beyond one (1) hour was required to handle;
k. Any responses to City requests for tow services in excess of forty (40) minutes.

K. All Official Police Tow Services shall comply with the following communications requirements:

1. Official Police Tow Service shall maintain a telephonic point of contact capable of receiving City requests for towing services twenty-tour (24)hours a day.

2. Each Official Police Tow Service shall require its internal dispatch to retain data and records relating to the City's requests for towing services on premises for the term of the franchise.

3. Each Official Police Tow Service shall require the telephonic point of contact to promptly accept and relay requests for towing services made by the City. Failure or refusal to promptly relay the City's requests for towing services shall constitute a failure to comply with the requirements, terms and conditions of the franchise and may result in termination of the franchise.

4. Each Official Police Tow Service shall install and maintain at all times during the term of its franchise with the City, communications between their tow vehicle(s) and the official telephonic point of contact. This communication may be either by two-way radio or cellular telephone.

5. Each Official Police Tow Service shall maintain a twenty-four (24) hour per day communication contact with their tow vehicle(s).

6. Each Official Police Tow Service shall maintain a twenty-four (24) hour per day telephone service to receive calls from the public.

Every Official Police Tow Service shall have a secure and environmentally safe vehicle storage facility with a minimum of fifteen thousand (15,000) usable square feet.

1. The vehicle storage facility must be located within the corporate City limits of the City of Rialto.

2. The vehicle storage facility must be completely enclosed by a six (6) foot high wall or fence with no holes, gaps, or other unsecured openings, and a gate. The 2a. Any damage to walls, fences or gates which allows, or could potentially allow, unauthorized access to the vehicle storage facility must be repaired within twenty-four (24) hours,
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The vehicle storage facility shall have adequate lighting, and comply with all applicable building codes, zoning regulations, environmental laws and regulations, and any and all other applicable laws, rules and regulations established by Federal, State, County and/or City Governments.

Security at the vehicle storage facility shall be adequate to preclude theft, vandalism, or damage by activity while in the tow operator's establishment. The view to all vehicles must be obstructed from the roadway. No vehicles shall be left parked or stored on the public streets at any time. The Official Police Tow Service operator must provide off-street parking for its equipment and be able to accommodate at least four additional vehicles for customer parking. Storage vehicles should be secured away from the customer parking area and on-site office area.

Each Official Police Tow Service operator shall conspicuously post a tag on the windshield of all vehicles ordered impounded by the Police Department. No vehicle ordered impounded by the Police Department shall be released by the Official Police Tow Service operator until said operator has verified that the applicable City release charges have been paid and obtained written authorization from the Police Department to release a particular vehicle.

Each vehicle storage facility must have adequate storage facilities to provide storage of ten (10) vehicles within an enclosed area totally protected from the weather, contamination, or handling by unauthorized person(s). ба. The Police Department will designate when a vehicle is to be placed into inside storage and may place a seal on each door of the vehicle and/or door(s) of the impound facility. Vehicles placed inside storage shall not be removed from storage without written authorization from the police department.

Each vehicle storage facility must provide an inspection area for authorized members of the Police Department. Such area shall have, at a minimum, a covered inspection area (roof) with a paved (concrete or asphalt) surface.

No Official Police Tow Service shall perform any work upon any vehicle stored or impounded by the police department without first obtaining written authorization from the Police Department and the registered owner of the vehicle.

Each Official Police Tow Service shall not dispose of any vehicle stored or impounded by official request of the Police Department, through any process whatsoever, without first obtaining written authorization from the police department to dispose of the vehicle.

M. When disposing of unclaimed vehicles, Official Police Tow Services shall abide by all Federal, State, and local laws pertaining thereto.

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N. All vehicles stored or impounded as a result of a tow ordered by the Police Department shall be towed directly to an official storage lot unless the Police Department or other person legally in charge of the vehicle requests that it be taken to some other location.

Vehicle release fees shall be established by resolution of the City Council.

4. REQUEST FOR QUALIFICATIONS REQUIREMENTS:

The firm's RFQ should describe the methodology to be used to accomplish each of the project tasks. The RFQ should also describe the work which shall be necessary in order to satisfactorily complete the task requirements. Please note: this RFQ cannot identify each specific, individual task required to implement this project successfully and completely. The City of Rialto relies on the professionalism and competence of the selected firm to be knowledgeable of the general areas identified in the scope of work and to include in its RFQ all required tasks and subtasks, personnel commitments, man-hours, direct and indirect costs, etc. The City of Rialto will not approve addenda to the selected firm's agreement which do not involve a substantial change from the general scope of work identified in this RFQ.

SELECTION OF OFFICIAL POLICE TOW SERVICE FRANCHISEES:

At least ninety (90) calendar days prior to the date an existing Official Police Tow Service franchise is due to expire, or whenever the Chief of Police or his/her designee determines that the City has an established need for a new or additional tow truck operator to provide Official Police Tow Services to the city, the Chief of Police or his/her designee shall request that the Department of Administrative Services send out a notice of request for qualifications for a tow truck operator. The request for qualifications shall be prepared by the Chief of Police and shall be approved by the Chief of Police or his/her designee. All proposals shall be reviewed by the Chief of Police or his/her designee.

The Chief of Police or his/her designee shall select the most qualified proposal, if there is one, and shall conduct a background investigation on the operator, his/her employees, as well as verify all information included in the proposal submitted to the City. Upon successful completion of the background investigation, the Chief of Police or his/her designee shall recommend in writing to the City Council the award of a franchise based on the bidder's compliance with the objective criteria established by this chapter or established by resolution of the City Council for determining the most qualified operator. In preparing requests for and evaluating proposals received by the City, the Department of Administrative Services and the Chief of Police or his/her designee shall comply with the procedures and criteria adopted by resolution of the City Council in accordance with this chapter.

For the purposes of this section, the City has an established need for a new or additional official police tow service if any of the following occurs: (i) an existing Official Police Tow Service's franchise is revoked in accordance with the provisions of Section 5.42.300 of this chapter; or (ii) the response times of all of the existing Official Police Tow Services fail to meet the average response time required by Section 5.42.220 because of a demonstrable increase in the volume of official tows; or (iii) City annexes additional area and the Chief of Police or his/her designee, in his/her sole discretion, determines that the increased area and population RFP #24-010

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warrant additional official police tow services to adequately protect the public health, safety and welfare.

This solicitation has been developed in the Request for Qualifications (RFQ) format.

Accordingly, proposers should take note that multiple factors as identified in the RFQ will be considered by the Evaluation Committee to determine which RFQ best meets the requirements set forth in the RFQ document. The City shall review the Qualifications submitted in reply to this RFQ, and a limited number of firms may be invited to make a formal presentation at a future date if desired by the City. The format, selection criteria and date of the presentation will be established at the time of short listing, if conducted.

6. REQUEST FOR QUALIFICATIONS EVALUATION CRITERIA:

This solicitation has been developed in the "Request for Qualifications" (RFQ) format. professional services. Upon selection of the most qualified firms), the Franchise Fee Structure shall be adhered too.

Franchise Fee Structure
The City of Rialto Police Department, fee structure is $117.00 per car towed by the Franchisee, this will exclude burned out cars, scrap metals, and RV Shells. All other fees associated with this agreement will be disclosed to the successful tow service(s).

PRIOR CITY WORK: If your firm has prior experience working with the City DO NOT assume this prior work is known to the evaluation committee. All firms are evaluated solely on the information contained in their RFQ, information obtained from references, and presentations if requested. All RFQs must be prepared as if the evaluation committee has no knowledge of the firm, their qualifications, or past projects.

An Evaluation Committee, using the following evaluation criteria for this RFQ, will evaluate all responsive RFQs submitted. The Evaluation Committee may request, if desired by City, formal presentations/interviews from short listed firms at a future date of which the format and presentation evaluation criteria shall be provided at the time of short listing. Participation in any phase of this RFQ process, including the interview phase if conducted, is at the sole expense of the firms replying to this RFQ. The City shall NOT be responsible for any costs incurred by any firm in response to, or participation in, this RFQ.

Firms are requested to submit their Request for Qualifications so that they correspond to and are identified with the following specific evaluation criteria:

A. Understanding of City's Request for Qualifications needs (30 POINTS):

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The firm's RFQ must concisely demonstrate that the firm has a unique understanding of the City's needs based upon the RFQ. Request for Qualifications will be evaluated on the following general criteria:
i. Without a verbatim recitation of the information contained within this RFQ, convey an understanding of the intent of the RFQ and of the City's expectations upon implementation of the scope of services required under this RFQ.
ii. Identify and discuss "key" or "critical" aspects of the potential services delivered as identified in this RFQ, based on prior experiences. Identify methodologies for managing delivery of the services, modes of communication, how the work tasks will be controlled, how the work assignments will be tracked and how project status will be reported. ili. Describe the firm's policy for screening tow truck drivers for criminal conduct, alcohol abuse and controlled substance use, and protocols for routinely testing for alcohol abuse and controlled substance use.
iv. Describe in detail impound policies and practices and impound rates and the strategies the proposer has in place to facilitate the speedy and cost-effective return of vehicles to persons whose vehicles have been impounded so as to minimize the accrual of costly impound fees.

B. Firm's Qualifications (35 POINTS):

The firm's Request for Qualifications must concisely demonstrate the qualifications of the to be assigned to manage and provide services and past experience related to the RFQ. Identify:
i. Describe your firm's background and experience and the structure of your organization (i.e., individual, partnership, corporation, joint venture, etc.). ii. Describe in detail the size, age, condition, accident history, safety, upkeep, and state of the art character of the firm's vehicle fleet and related equipment; the firm's program for conducting routine vehicle and equipment safety inspections; and the firm's degree of readiness • to deploy such vehicles and equipment in satisfaction of the solicitation requirements.
ill. Describe the size, condition, security, and state of the art character of the firm's secured vehicle storage facilities
iv. Describe the policies and protocols for safeguarding vehicles as evidence and for cataloging and securing any personal property evidence within the vehicles which may be needed for potential criminal prosecutions; Policies for cataloging, safeguarding and returning personal property contained within a motor vehicle, especially when such personal property is not relevant to any criminal prosecution.

V. List of at least five (5) most recent client references, supplied on the reference firm letterhead, which includes the following information: Name of the company or agency giving the reference, contact name, address and telephone number and nature of the work performed.

C. Firm's Resources (35 POINTS):

The firm's Request for Qualifications must demonstrate how it has sufficient resources to provide the requested professional services in the time frame required. i. Describe the firm's ability to assign additional resources as demand for services may increase dependent upon the City's needs. Identify the lead time required to respond to a RFP #24-010

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request for services, to prepare a cost proposal, and/or to implement additional staff resources.
ii. Provide a thorough organization structure/chart of staff resources that will be used and available to provide the requested services. Specify how the consultant and its subconsultants) will address tasks and sub-tasks to meet the City's needs for the services identified within this RFQ.

Describe driver recruitment and training policies, including, but not limited to, policies for training tow truck drivers and impound yard personnel to provide courteous, honest, and ethical services to persons whose vehicles have been impounded. iv. List the firm's complete name, type of firm (individual, partnership, corporation or other), telephone number, FAX number, contact person and E-mail address. If a corporation, indicate the state the corporation was organized under. v. List the name and title of the firm's principal officers with the authority to bind the company in a contractual agreement.

E. Local Business Preference (Bonus 5 POINTS):

This solicitation is subject to the provisions of Rialto Municipal Code (RMC) Chapter 2.47 - Local Business Preference. Pursuant to RMC section 2.47.020 a "Qualified Local Business" means a business that: (1) has maintained an office, place of business or distribution point within the city for a period of one year preceding the date upon which a bid is required to be submitted to the city; (2) has secured all licenses and permits necessary to conduct business in the city and has paid all fees and taxes imposed by the city; (3) consents, in writing, to a reduction of its original bid by a percentage determined by the city council and to enter into a contract with the city for the preference bid amount; and (4) meets all other qualifications required to perform the contract for which its bid has been submitted. Pursuant to RMC section

2.47.030 the City may apply a reduction of up to five percent of the amount of the original bid submitted by each qualified local business for any particular project, purchase or service for which the city has solicited bids to achieve a preference bid for each qualified local business.

As this solicitation is for professional services where price is not a factor, implementation of the Local Business Preference required by RMC Chapter 2.47 shall be as a 5-point bonus to the evaluation score. Only those Qualified Local Businesses meeting the criteria in RMC Chapter

2.47 will receive the 5-point bonus. All other firms will receive zero points. Firms must submit the Local Business Preference Form (see Attachment F).

7. REQUEST FOR QUALIFICATIONS CONTENTS: Firms are requested to format their RFQs so that responses correspond directly to, and are identified with, the specific evaluation criteria stated in Section 6 above. The RFQ must be in an 8 ½ X 11 format, may be no more than a total of forty (40) pages, including an organization chart, staff resumes and appendices, and cover letter. (A minimum font size of 10 points must be used). NOTE:

Dividers, attachments included in this RFQ to be submitted with the RFQ, and Addenda acknowledgments do NOT count toward the 40-page limit.

Each Request for Qualifications must include the Work RFQ and the Cost Proposals as outlined below:

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The Work Proposal shall be provided in PDF format. The Work proposal files shall be named beginning with your Firms Name; then "Work Proposal" and shall include the following items:
• Completed Signature authorization and Addenda Acknowledgment (see Attachment A) • Completed Non-Collusion Affidavit Form (see Attachment B) • Completed Conflict Disclosure Form (see Attachment C). Note: the Consultant and all Sub-Consultant Firms are required to submit Attachment C. • Completed Debarment and Suspension Certification (see Attachment D). Note: the Consultant and all Sub-Consultant Firms are required to submit Attachment D. • Completed Non-Discrimination Certification (see Attachment E). Note: the Consultant and all Sub-Consultant Firms are required to submit Attachment E. • If applicable, a completed Local Business Preference Form (see Attachment F). • Technical RFQ - describe in detail your approach and understanding of all necessary tasks and steps involved in the project; include a list of deliverables • Related Experience; include relevant experience date, name of agency, and reference name/contact information
Cost Proposals shall be named beginning with your Firm's Name; then "Cost Proposal", and shall include the following items:
• Firms are required to provide a fully detailed cost proposal identifying all task items, hourly rates, and other direct expenses involved with delivery of the requested services. If an "on- call" type of service is requested, provide a fully detailed hourly rate schedule with list of reimbursable expenses involved.
• Cost proposals shall be provided as a separate file, which will not be opened until the consultants ranking process is complete
The Rotation Tow Listing Application and Tow Operator/Driver Information are required forms and MUST be submitted in the Attachment sections of PlanetBids.

DEADLINE FOR SUBMISSION OF REQUEST FOR QUALIFICATIONS: All RFQs must be received via the City's electronic bidding system through PlanetBids at https://pbsystem.planetbids.com/portal/28159/bo/bo-search The deadline to receive the Request for Qualifications is October 27, 2023, at 4:00 P.M.

The receiving time of the PlanetBids system will be the governing time for acceptability of Request for Qualifications. Late statement of qualifications will not be accepted and will be considered non-responsive.

QUESTIONS: Firms, their representatives, agents, or anyone else acting on their behalf are specifically directed NOT to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this RFQ other than as directed below. Contact with anyone other than as directed below may be cause for rejection of a Request for Qualifications.

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All questions, technical or otherwise, pertaining to this RFQ must be submitted electronically via the Q&A tab of this RFQ 24-010 on the PlanetBids website.

Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the RFQ. The deadline for all questions is October 16, 2023, at 4:00 P.M. • Questions received after this date and time may not be answered. Only questions that have been resolved by formal written Addenda will be binding.

Oral and other interpretations or clarifications will be without legal or contractual effect.

FORM OF AGREEMENT: The selected firm will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Rialto in accordance with the standard Professional Services Agreement. Requested changes to the Professional Services Agreement may not be approved, and the selected firm must ensure that the agreement will be executed.

Failure or refusal to enter into an Agreement or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award.

AWARD OF CONTRACT: It is the City's intent to award a contract to the firm that can provide all services identified in the RFQ document. However, the City reserves the right to award a contract to multiple firms or to a single firm, or to make no award, whichever is in the best interest of the City. It is anticipated that award of the contract will occur at the next regularly scheduled City Council meeting after the evaluation committee has made its final selection of the firm to be recommended for award and a contract has been negotiated and agendized for consideration. The decision of the City Council will be final.

RESPONSIBILITY OF PROPOSER: All firms responding to this RFQ shall be responsible. If it is found that a firm is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted a RFQ without an authorized signature, falsified any information in the Request for Qualification package, etc.), the RFQ shall be rejected.

PUBLIC RECORD: All documents submitted in response to this solicitation will become the property of the City of Rialto and are subject to the California Code Section 6250 et seq., commonly known as the Public Records Act. Information contained in the documents, or any other materials associated with the solicitation, may be made public after the review process has been completed, negotiations have concluded and a recommendation for award has been officially agendized for City Council consideration, and/or following award of contract to a specific firm, if any, by the City Council.

COST RELATED TO REQUEST FOR QUALIFICATIONS PREPARATION: The City will NOT be responsible for any costs incurred by any firm responding to this RFQ in the preparation of their RFQ or participation in any presentation if requested, development of any technical RFQ if requested, or any other aspects of the entire RFQ process.

BUSINESS LICENSE: The selected firm will be required to be licensed in accordance with Title 5 of the City of Rialto Municipal Code, entitled "Business Licenses and Regulations".

RFP #24-010

Page 13 ends

REQUEST FOR QUALIFICATIONS INFORMALITIES OR DEFECTS: The City of Rialto reserves the right to waive any informality or technical defect in a RFQ and to accept or reject, in whole or in part, any or all Request for Qualifications and to seek new RFQ's, as best serves the interests of the City.

INVESTIGATIONS: The City reserves the right to make such investigations as it deems necessary to determine the ability of the firms responding to this RFQ to perform the Work and the firm shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any RFQ if the evidence submitted by or investigation of such firm fails to satisfy the City that such firm is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein.

REQUEST FOR QUALIFICATIONS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their RFQ shall be valid for a period of 120 calendar days from the due date of the Request for Qualifications.

SIGNED QUALIFICATION AND EXCEPTIONS: Submission of a signed Qualification will be interpreted to mean that the firm responding to this RFQ has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Request for Qualifications, and and conditions, including insurance requirements, may be considered in the evaluation process; however, the City makes no guarantee that any such exceptions will be approved.

Any exceptions to the standard Agreement must be identified in the submitted Qualification.

C
RFP #24-010

Page 14 ends

ATTACHMENT "A"
REQUEST FOR QUALIFICATIONS #24-010

OFFICIAL POLICE TOW TRUCK SERVICES

SIGNATURE AUTHORIZATION
PROPOSER:_
A:

SIGNATURE
The following information relates to the legal contractor listed above, whether an individual or company. Place check marks as appropriate:

If successful, the contract language should refer to me/my company as:

An individual;
_A partnership, Partners' names:_
A company: registered
corporation: (incorporated i

2. My tax identification number is:

ADDENDA ACKNOWLEDGMENT:

Acknowledgment of Receipt of any Addenda issued by the City for this RFQ is required by including the acknowledgment with your Request for Qualifications. Failure to acknowledge the Addenda issued may result in your Request for Qualifications being deemed non-responsive.

In the space provided below, please acknowledge receipt of each Addenda:

Addendum(s) # is/are hereby acknowledged.

The "Small Business Concerns Information" sheet shall be included as part of Attachment "A".

RFP #24-010
Attachment "A"
Attachment "A" - Small Business Concerns Information
The Proposer shall furnish the following information. Additional sheets may be attached, if necessary. (1) Name:
(2) Address:
(3) Phone No.: Fax No.:_
(4) E-Mail:
(5) Type of Firm: (Check all that apply)
Individual Partnership Corporation
Minority Business Enterprise (MBE) Women Business Enterprise (WBE) Small Disadvantaged Business (SDB) Veteran Owned Business Disabled Veteran Owned Business Other
(6) Business License: Yes _No License Number:
-
(7) Tax Identification Number:
(8) Names and Titles of corporate members of the firm:
(9) Three (3) projects of this type recently completed:

Type of project:

Contract Amount: Date Completed:

Owner: Phone:

Type of project:

Contract Amount: Date Completed:

Owner: Phone:

Type of project:

Contract Amount: _Date Completed:

Owner: Phone:

RFP #24-010
Attachment "A"
ATTACHMENT "B"
REQUEST FOR QUALIFICATIONS #24-010

OFFICIAL POLICE TOW TRUCK SERVICE

NON-COLLUSION AFFIDAVIT
The undersigned, being first duly sworn, deposes and says that he or she is the following person authorized to submit the attached Request for Qualifications from the following firm (herein the "Proposer"):

Further, that the Request for Qualifications is not made in the interests of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Request for Qualifications is genuine and not collusive or sham; that the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham Request for Qualifications, and has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham RFQ, or that anyone shall refrain from Proposing; that the Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Request for Qualifications price of the Proposer or any other Proposer, or to fix any overhead, profit, or cost element of the RFQ price, or of that of any other Proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Request for Qualifications are true; and, further, that the Proposer has not, directly or indirectly, submitted his or her Request for Qualifications price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, Proposal depository, or any other member or agent thereof to effectuate a collusive or sham Request for Qualifications.

By:

Signature
Title:

Subscribed and sworn to before this _ day of _20_
RFP #24-010
Attachment "B"
ATTACHMENT "C"
REQUEST FOR QUALIFICATIONS #24-010

OFFICIAL POLICE TOW TRUCK SERVICE

CONFLICT DISCLOSURE FORM

SARATED MAL I AD

CITY OF RIALTO

DISCLOSURES REQUIRED BY PERSONS OR ENTITIES
CONTRACTING WITH THE CITY OF RIALTO*
Pursuant to City of Rialto Municipal Code Section 2.48.510, all persons or business entities supplying any goods or services to the city, or seeking a loan or grant awarded by the city, whether through an application or proposal, shall disclose in such application or proposal whether any city officer, employee, or consultant may have a financial or non-financial interest in the person or business entity, or in any member, employee, owner, or officer of the business entity. • A financial interest shall mean anv interest that is prohibited under state law, including Callorni Government Code Sections 1090 and 87100, and California Code of Regulation Section 18700 e seq.
• A non-financial interest shall mean any interest that is prohibited by City of Rialto Municipal Code Section 2.48.450.

For the purpose of helping the City understand whether City personnel might have a conflict of interest in you or your organization, please disclose below whether you or any of your members, employees, paid or unpaid officers, paid or unpaid directors, or owners are (or are related to) a City elected or appointed official, a City officer, or a City employee or consultant.

Relationship Between the
Name of Your Organization's Name of City Elected or Two Affected Member, Employee, Appointed Official, City
Paid or Unpaid Officer, Paid or Officer, a City Employee or Unpaid Director, or Owner Consultant
Name of Person/Entity:

Title:

Signature: Date:

Form Date 11/11/2021
RFP #24-010
Attachment "C"
ATTACHMENT "C"

CONFLICT DISCLOSURE FORM

2.48.450 Employee conflict of interest.
(1) No covered person shall participate in the making of a grant or contract by the city in which the covered person has a conflicting interest.
(2) For purposes of this section, the following definitions shall apply:
(a) A "covered person" includes any person who holds an elected or appointed City office, a City officer, a City employee, and any person who is a consultant to the City. (b) A "conflicting interest" includes, but is not limited to, those decisions where:
(i) A covered person holds or has held within the previous twelve months a position with a potential grant or contract recipient;
(ii) A close relative of a covered person holds or has held within the previous twelve months a position with a grant or contract recipient;
(iii)A close relative of the spouse or domestic partner of a covered person holds or has held within the previous twelve months a position with a grant or contract recipient. (c) "Position" includes the status of a member, employee, owner, paid or unpaid officer of, paid or unpaid leadership position in, or had an ownership interest in, a grant or contract recipient. (d) A "close relative" includes a spouse, parent, grandparent, child, grandchild, aunt, uncle, or cousin. (e) "Participate in the making of a grant or contract" includes participation in: drafting a solicitation or contract; negotiating, voting on, approving, or executing a grant or contract; discussion of same with any city officer or employee; or attempts in any way to influence the making of a grant or contract. (3) This prohibition shall not apply to a contract let by written competitive bid where the contract will be awarded to the person or entity who submits the lowest responsible and responsive bid. (4) Except for the Mayor or a member of the City Council, a covered person may request a waiver of any potential conflict of interest in writing from the City Manager. Any request for such a waiver must include full disclosure of the potential conflict of interest and a statement detailing any mitigating factors. The request and the City Manager's response shall be provided to the City Council prior to any vote to approve the contract or grant, or if City Council approval is not required, at least five days before the contract or grant is approved. The request and the City Manager's response shall be considered a public record. (5) The prohibitions in this section are in addition to any applicable federal or state conflict of interest laws, including but not limited to Government Code section 1090, and Government Code section 87100 et seq.

ATTACHMENT "C"
RFP #24-010
Attachment "C"

CONFLICT DISCLOSURE FORM
(6) Any person who violates this section is subject to the following:
(a) Public censure;
(b) If the conflict of interest was in the making of a contract, a prohibition from participation in the making of a contract by the city for a period of time up to twelve (12) months from the date of the imposition of the discipline;
(c) If the conflict of interest was in the making , of a grant, a prohibition from participation in the making of a grant by the city for a period of time of up to twenty-four (24) months from the date of the imposition of the discipline;
(d) An administrative fine pursuant to Chapter 1.10 of this code. (7) The discipline specified herein may be imposed:
(a) By the City Manager in the case of any employee or consultant who violates this section. (b) By the City Council in the case of any person who holds an elected or appointed City office, or any City officer who violates this section.

RFP #24-010
Attachment "C"
ATTACHMENT "D"
REQUEST FOR QUALIFICATIONS #24-010

OFFICIAL POLICE TOW TRUCK SERVICES

DEBARMENT AND SUSPENSION CERTIFICATION
The Consultant, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, and manager:
• Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
• Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years;
• Does not have a proposed debarment pending; and
• Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past If there are any exceptions to this certification, insert the exceptions in the following space.

Proposer responsibility.
agency, and dates of action.

Notes: Providing false information may result in criminal prosecution or administrative sanctions.

Consultant Name:
(Date) (Signature)
(Name & Title)
RFP #24-010
Attachment "D"
ATTACHMENT "E"
REQUEST FOR QUALIFICATIONS #24-010

OFFICIAL POLICE TOW TRUCK SERVICES
NON-DISCRIMINATION CERTIFICATION *
In connection with its performance under this Agreement, the Consultant hereby certifies that it shall not discriminate in its employment with regard to age, handicap, race, color, religion, gender, gender dentity, sex, sexual orientation, or national origin; that it is in compliance with all federal, state, loc lirectives, and executive orders regarding non-discrimination in employment; and that it agrees t demonstrate positively and aggressively the principle of equal employment opportunity in employment.

We agree specifically:

To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels.

To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large.

3. To take affirmative steps to hire minority employees within the company.

Consultant Name:
(Date) (Signature)
(Name & Title)
Attached herewith is a copy of the Consultant's currently adopted equal opportunity employment program.

RFP #24-010
Attachment "E"
ATTACHMENT "P"
REQUEST FOR QUALIFICATIONS #24-010

OFFICIAL POLICE TOW TRUCK SERVICES

LOCAL BUSINESS PREFERENCE FORM
I certify that the following business I represent is submitting a Request for Qualifications as a "Qualified Local Business" in accordance with Chapter 2.47 of the Rialto Municipal Code and satisfies the following criteria:
(1)
required to be submitted to the city.
(2) It has secured all licenses and permits necessary to conduct business in the city and it has paid all fees and taxes imposed by the city.
(3) It meets all other qualifications required to perform the contract for which its bid has been submitted.

I hereby request a 5-point bonus to the evaluation score in accordance with the RFQ Documents. I make this certification with the full knowledge that I personally, and the following business I represent, may be subject to penalties and remedies pursuant to Section 2.47.070 of the Rialto Municipal Code for misrepresentation as a Qualified Local Business, including, but not limited to, a restriction from submitting any future Request for Qualifications and award of a contract for a period of three (3) years.

Company Name:

Address:

Type of Products or Services:

Business License Number:

Phone Number:

Owner's Name:

Total number of employees Total number of employees that reside in the City Attached herewith is a copy of our City of Rialto Business License.

Signature Printed Name / Title
RFP #24-010
Attachment "F"
ATTACHMENT "G"

SCOPE OF SERVICES
Standards for Tow Truck Equipment
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A. Official Police Tow Services shall provide towing equipment capable of providing for the following services:
a. Recovery truck(s) with an adjustable boom with a minimum lifting capacity of at least eight (8) tons.
b. Wheel lift towing.
c. Roll back/flatbed towing.
d. Towing in parking garages.
e. Towing from off-road areas.
f. Towing of large and oversized vehicles.
g. Towing of motorcycles without causing additional damage.

B. All tow trucks shall be equipped as provided in the California Vehicle Code.

1. The owner or driver of a disabled vehicle is unable to or fails to specify a garage or tow service.

A disabled vehicle presents a hazard that renders any request by a driver or owner impractical.

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A police department employee requests a towing service for the purposes of storing or impounding a vehicle, and the owner o driver is not present or not consulted due to an arrest B. Each Official Police Tow Service shall comply with all of the following regulations relating to tow rates, hours of operation, identification, and vehicle release:

Official Police Tow Service's business office and storage yard shall be located within the City limits and attended at all times for servicing the public and the City from 8:00 a.m. to 5:00 p.m., Monday through Friday, except for the major holidays observed by

2. Official Police Tow Service's business office shall have a sign posted including the company name, address, phone number, anc conspicuously placed in the business office or such other places where customer financial transactions take place.

Official Police Tow Service may collect an additional charge for release of vehicles after normal business hours.

4. Official Police Tow Service must be available to promptly respond twenty-four (24) hours a day, seven (7) days a week. 365 days a year, to all requests by the City for towing services.

Official Police Tow Service shall release vehicles stored or impounded by the Police Department, pursuant to authorization provided by appropriate employees of the Police Department. Such authorization shall be in writing on a form provided by the Police Department.

All vehicles stored or impounded as a result of a tow ordered by the Police Department shall be made available to the owner of the vehicle or his representative, any insurance agent, insurance adiustor, or any body shop or car dealer, for the purpose o estimating or appraising damages, except vehicles with a "Police hold."

7. All vehicles deem to be in a state of scrape (burned out cars, scrap metals and RV Shells) are exempt from Franchisee Fees.

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C. Removing Hazards, after being dispatched by the Police Department to the scene, an Official Police Tow Service operator shall cooperate with the Police Officers in removing hazards and illegally parked vehicles as requested. It is the duty of the Police Officers to determine when such vehicle should be impounded summoned to a scene in response to an official request by the Police Department for tow services.

D. Each Official Police Tow Service shall comply with Section 27907 of the California Vehicle Code regarding signs on tow trucks.

Each Official Police Tow Service shall agree to abide by the rotation system established by the Police Department pursuant to the provisions of Section 5.42.110 of this chapter.

F. In the RMC, Section 5.42.210, subsection F, it states the following: "Each Official Police Tow Service shall tow and provide services to all city vehicles, other than heavy duty vehicles, free of charge in and within 5 miles of the City limits."
G. Each Official Police Tow Service and its officers, employees and agents shall be responsible for their acts while performing duties pursuant to their respective franchise agreements as follows:

The owners of Official Police Tow Service participating in towing assignments by the Police Department shall be responsible for the acts of their employees while on duty.

Each participating Official Police Tow Service shall be responsible for damage to vehicles while in its possession caused by the active or passive negligence of that Official Police Tow Service.

4. Each Official Police Tow Service and its employees, drivers, and agents shall comply with all applicable federal, state and local laws, including but not limited to all applicable provisions of the California Each Official Police Tow Service shall procure and maintain, at its sole cost, a policy of public liability insurance in an amount and form acceptable to the City Risk Manager. Such liability policy shall be maintained in full force and effect for the entire term of the tow A-3
company's franchise agreement and proof of such public liability insurance shall be provided to the City on demand.

H. Throughout the entire term of its franchise with the City, inclusive of all renewals if any, an Official Police Tow Service shall abide by the following:

All Official Police Tow Service's records, equipment, and storage facilities will be subject to periodic checks by Police Department or other City investigators during normal business hours.

Every Official Police Tow Service shall maintain all offices, storage facilities and equipment in a neat, clean and organized manner.

Every Official Police Tow Service shall provide access to employees of the City at any time during normal business hours, for the purpose of inspection or audit to determine that the objectives and conditions of the Official Police Tow Service's franchise with All official Police Tow Service shall record its time in and its time out on every tow truck assignment. Such records shall be available and open to City examination.

All Official Police Tow Services shall submit a monthly report to the Chief of Police or his/her designee and the Director of Administrative Services or his/her designee, which shall include the following:
a. Total police impounds;
Dates and number of times dispatched by Rialto Police
Department;
c. Number of these calls resulting in impounds;
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I. Total amount réceived from towing services:
m. Total amount received from after-hour release charges:
n. Number of vehicles sold on lien sale under authority of Civil Section 3072, and reporting said lien sales as per authority of California Vehicle Code Sections 22850 et seq;
o. Number of vehicles sold under authority of Civil Code Section3073;
p. For individual sales, the DMV release of liability form; q. For all bulk sales, the name of the salvage company or individual purchaser and the vehicle identification numbers of all vehicles sold;
r. Number of calls answered in which time beyond one (1) hour was required to handle;
s. Any responses to City requests for tow services in excess of forty (40) minutes.

J. All Official Police Tow Services shall comply with the following communications requirements:

1. Official Police Tow Service shall maintain a telephonic point of contact capable of receiving City requests for towing services twenty-tour (24)hours a day.

2. Each Official Police Tow Service shall require its internal dispatch to retain data and records relating to the City's requests for towing services on premises for the term of the franchise.

3. Each Official Police Tow Service shall require the telephonic point of contact to promptly accept and relay requests for towing service made by the City. Failure or refusal to promptly relay the City's requests for towing services shall constitute a failure to comply with the requirements, terms and conditions of the franchise and may result in termination of the franchise.

5. Each Official Police Tow Service shall maintain a twenty-four (24) hour per day communication contact with their tow vehicle(s).

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6. Each Official Police Tow Service shall maintain a twenty-four (24) hour per day telephone service to receive calls from the public.

Every Official Police Tow Service shall have a secure and environmentally safe vehicle storage facility with a minimum of fifteen thousand (15,000) usable square feet.

1. The vehicle storage facility must be located within the corporate City Limits of the City of Rialto.

The vehicle storage facility must be completely enclosed by a six (6) foot high wall or fence with no holes, gaps, or other unsecured openings, and a gate. The wall or fence shall have two or more strands of barbed wire installed in such a manner as to discourage access over the top of the wall or fence or the wall or fence shall be a minimum of eight (8) feet in height without barbed wire. All gates into the storage yard shal meet the same standards required of the wall or fence.
2a. Any damage to walls, fences or gates which allows, or could Comply ever ale spriga failed have are an regulations,
environmental laws and regulations, and any and all other applicable laws, rules and regulations established by Federal, State, County and/or City Governments.

5. Each Official Police Tow Service operator shall conspicuously post a tag on the windshield of all vehicles ordered impounded by the Police Department. No vehicle ordered impounded by the Police Departmen shall be released by the Official Police Tow Service operator until sai operator has verified that the applicable City release charges have been paid and obtained written authorization from the Police Department to release a particular vehicle.

Each vehicle. storage facility must have adequate storage facilities to provide storage of ten (10) vehicles within an enclosed area totally A-6
protected from the weather, contamination or handling by unauthorized person(s).
6a. The Police Department will designate when a vehicle is to be placed into inside storage and may place a seal on each door of the vehicle and/or doors) of the impound facility.

Vehicles placed inside storage shall not be removed from storage without written authorization from the police
Each vehicle storage facility must provide an inspection area for authorized members of the Police Department. Such area shall have, at a minimum, a covered inspection area (roof) with a paved (concrete or No Official Police Tow Service shall perform any work upon any vehicle stored or impounded by the police department without first obtaining written authorization from the Police Department and the registered owner of the vehicle.

When disposing of unclaimed vehicles, Official Police Tow Services shall abide by all Federal, State and local laws pertaining thereto.

M. All vehicles stored or impounded as a result of a tow ordered by the Police Department shall be towed directly to an official storage lot unless the Police Department or other person legally in charge of the vehicle requests that it be taken to some other location. Vehicle release fees shall be established by resolution of the City Council.

Response Time
Each Official Police Tow Service agrees that, for any thirty (30) day period, the average response time pursuant to requests for tow service by the Police Department, shall not exceed thirty (30) minutes. Each Official Police Tow Service also agrees that the maximum response time for any single request for tow service by the Police Department shall not exceed forty (40) minutes. As used in this section, response time is defined as the elapsed time between the relaying of the tow service request to the answering service and arrival of the tow vehicle on the scene.

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B. When it becomes evident that there will be a delay in responding to a request for towing service, the responding Official Police Tow Service shall advise the Police Department of this delay and the reason for the delay.

Rotation System
A. Each Official Police Tow Service designated as an Official Police Tow Service shall be placed on a "rotation list" in an initial order to be determined by the Police Department. The rotation list shall be used whenever a driver or owner of a disabled vehicle is unable to specify a particular garage or tow service, or whenever a Police Department employee stores or impounds a vehicle and the driver or owner is not present or is not consulted.

Each Official Police Tow Service shall be called, in turn according to the established rotation list, to respond to a Police Department request for towing service, and, when in turn, shall have exclusive right to provide service as follows:

The Official Police Tow Service at the tip of the order on the rotation list shall have preference to tow all vehicles from a specific scene, provided that Official Police Tow Service responds with all equipment needed to accomplish the tows within the response time specified herein.

C. Whenever an Official Police Tow Service cannot respond all equipment needed to accomplish all tows at a specific scene within the response time specified herein, the next Official Police Tow Service on the rotation list shall be called to provide service to the remaining vehicle(s).

D. Whenever an Official Police Tow Service cannot, for any reason, respond any equipment needed to accomplish the requested service within the response time specified herein, that Official Police Tow Service shall be passed over and the next Official Police Tow Service on the rotation list will be called. The Official Police Tow Service shall become eligible to provide service again on its next turn in rotation.

EXCEPTION: Whenever the driver or owner of a disabled vehicle specifies a particular club, association, or tow service to he called to provide service, such calls shall not constitute a "rotation" call.

F. EXCEPTION: Whenever a Police Department employee determines that an emergency exists because an Official Police Tow Service is unable, for any reason, to provide adequate tow service, the Police Department employee shall have the right to have such duties performed by any other means available.

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Grounds for Cancellation, Revocation or Suspension
The franchise agreement entered into between the City and Official Police Tow Service pursuant to Section 5.42.080, shall be subject to cancellation, revocation or suspension by the Chief of Police either as a whole or as to any person or vehicle described therein. The procedure for such cancellation, revocation or suspension is set forth in section 5.42.300. The contract holder shall be given ten (10) days' written notice to appear before the Chief of Police or his/her designee to show cause why the contract should not be revoked or canceled for any of the following reasons:

An Official Police Tow Service fails to pay any City business license fees or other fees provided in the franchise agreement or by the Rialto Municipal Code; or
B. An Official Police Tow Service breaches any rules, regulations, or conditions set forth in the franchise agreement or the Rialto Municipal Code; or C. An Official Police Tow Service, or any person having any ownership interest in that Official Police Tow Service, or any employee of that Official Police Tow Service violates any Federal, State, or local law; or An Official Police Tow Service fails to maintain a satisfactory level of service to the Police or public; or
E. An Official Police Tow Service fails to keep any tow vehicle in safe condition and good repair; or
An Official Police Tow Service fails to use distinctive coloring, monogram, or insignia in compliance with Section 27907 of the California Vehicle Code; or G. An Official Police Tow Service deviates from the schedule of rates set forth in the franchise.

H. An Official Police Tow Service passes on a tow assignment three (3) or more times in any calendar month. "Passing" is defined as refusing, for any reason, any tow assignment from the Police Department, including, without limitation the towing of City vehicles at no charge; or

1. An Official Police Tow Service fails to respond to requests for tow service by the Police Department within the response time established by Section

5.42.220; or
An Official Police Tow Service commits fraud or deceit upon the City including, without limitation, falsifying data and records relating to the City's requests for towing services, falsifying the number of official Police tow services performed, falsifying the response times to City requests for tow services; or A-9
K. An Official Police Tow Service commits fraud or deceit upon any person to whom that Official Police Tow Service provides tow truck services as determined by a court of law; or
An Official Police Tow Service defaults on the performance of its material obligations under this chapter or the franchise agreement and fails to cure such default within ten (10) calendar days after receipt of written notice of the detault and a reasonable opportunity to cure the default; or
M. An Official Police Tow Service fails to provide or maintain in full force and effect the insurance coverage as required by this chapter and as set forth in the franchise agreement; or
N. An Official Police Tow Service violates any order or ruling of any regulatory body having jurisdiction over the Official Police Tow Service relative to the tow truck business, unless such order or ruling is being contested by that Official Police Tow Service by appropriate proceedings conducted in good faith; ог
O. An Official Police Tow Service becomes insolvent, unable, or unwilling to pay its debts and obligations, or is adjudged to be bankrupt.

Procedure for Action against Official Police Tow Service Whenever the City determines that an Official Police Tow Service has violated any applicable Federal, State or local law, or has violated any provision of the franchise agreement between the Official Police Tow Service and the City, the City shall give that Official Police Tow Service written notice of the violation and an opportunity to be heard on the matter in accordance with the following procedures:

Written Notice. The City shall notify the offending Official Police Tow Service in writing of any and all violations. Such notice shall be delivered to the particular Official Police Tow Service in violation by personal delivery or by registered or certified mail, retum receipt requested, shall clearly set forth the specific violation, shall demand that the offending Official Police Tow Service cure the violation, and shall set forth the time period for curing the violation. The time period for curing a violation shall be determined by the Chief of Police, or his/her designee, based on the nature of the violation, but under circumstances shall the time period to cure be less than ten (10) calendar days. If the Official Police Tow Service fails to correct the violation within the time prescribed by the notice, or if the Official Police Tow Service fails to commence good faith efforts to correct the violation within the time prescribed in the notice, the City shail temporarily suspend the Official Police Tow Service's franchise agreement with the City pursuant to the provisions of subdivision (B) of this section or shall give the Official Police Tow Service fourteen (14) calendar days' written notice of a hearing before the Chief of Police, or his/her designee. The A-10
written notice shall specify the alleged violations and the recommended action to be taken.

Temporary Suspension. For equipment violations or business omissions, where the Police Department desires to provide an Official Police Tow Service an additional opportunity beyond the initial notice to correct violations or omissions the Chief of Police, or his/her designee, may suspend that Official Police Tow Service from providing service for a period of time, not to exceed seven (7) calendar days. Such suspension shall not be considered punitive and shall be for the specified purpose of providing Official Police Tow Service time to correct specified violations or omissions. If the Official Police Tow Service still fails to take corrective action during the temporary suspension period. The City shall give that Office Police Tow Service fourteen (14) calendar day's written notice of a hearing before the Chief of Police, or his/her designee. The written notice shall specify the alleged violations and the recommended action to be taken.

C. Suspension Pending Hearing: For all substantive violations of law or the provisions of the franchise agreement between the Official Police Tow Service and the City of Rialto, or for refusal to correct violations after proper notice is served upon the Official Police Tow Service pursuant to subsections(A) and/or (B) of this section, where the Police Department intends to take punitive action against the offending Official Police Tow Service or revoke the franchise agreement in its entirety, the Chief of Police or his/her designee, may suspend the offending Official Police Tow Service from providing service for a period of time, not to exceed fourteen (14) calendar days, in preparation for a hearing.

D. Informal Hearing: The Chief of Police or his/her designee shall conduct such hearing and may receive information from any source deemed relevant to the inquiry. The purpose of the hearing shall be to determine the factual basis of the allegation(s) against the Official Police Tow Service.

1. The hearing shall be informal in nature.

2. Formal rules of evidence (California Evidence Code and/or the Federal Rules of Evidence) shall not apply.

The offending Official Police Tow Service shall have the opportunity to respond to the allegations and present information relevant to Official Police Tow Service's defense.

At the conclusion of the hearing or within a reasonable time there after not to exceed ten (10) working days, the Chief of Police, o is/her designee, shall make a finding as to whether th
allegation(s) are "founded" or "unfounded."
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Upon a finding the allegations) are "founded," the Chief of Police, or his/her designee, shall determine the appropriate sanction to be taken against the offending Official Police Tow Service. 5a. The Chief of Police may extend the suspension of the offending Official Police Tow Service for a period of time, not to exceed thirty (30) additional calendar days, or ;
5b. The Chief of Police may permanently revoke the offending Official Police Tow Service's franchise agreement and
remove the Official Police Tow Service from providing
service in response to Police Department request's; or
5c. The Chief of Police may impose such other sanction as he or she determines is appropriate in light of the nature of the violation and the relevant circumstances.

The Chief of Police, or his/her designee shall notify the offending Official Police Tow Service of his/her finding and/or the sanctions to be imposed, in person, by registered mail, or by written notice hand delivered to that Official Police Tow Service's business office.

Appeal. Any Official Police Tow Service aggrieved by a decision of the Chief of Police pursuant to this section may appeal the finding of or the sanction imposed by, the Chief of Police to the City Administrator. Any such appeal must be filed with the City Administrator in writing within five (5) business days of the Official Police Tow Service's receipt of the decision of the Chief of Police.

1. The City Administrator shall schedule an informal hearing within ten (10)days of receiving an appeal from the official police tow service and shall notify the Official Police Tow Service in writing of such hearing at least five (5) calendar days prior to the hearing date. The same procedures set forth above for the hearing before the Chief of Police or his/her designee shall apply to the hearing before the City Administrator. After hearing the evidence from both sides, the City Administrator shall issue a written decision within ten (10) days of the hearing. The decision of the City Administrator is final. Any person aggrieved by the City Administrator's decision may file a writ of administrative mandamus pursuant to Section 1094.5 of the California Code of Civil Procedure within ninety (90) days of the date the City Administrator issues his/her decision.

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ATTACHMENT "H"
RIALTO MUNICIPAL CODE 5.42
ORDINANCE. VO. 1558
1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RIALTO, CALIFORNIA, AMENDING CHAPTER542 OF THE

RIALTO MUNICIPAL CODE REGARDING OFFICIAL POLICI
3 TOW TRUCK SERVICES
4 WHEREAS. California Velicle Coda Section 12110 authorizes the City of Rialto to award a 5 franchise 1o qualified towing companies for the official lowing of vehicles oll behalf of the City; and WHEREAS, the City adopted Ordinance No. 1301 in 1999, adding chapter 5.42 entitled 7 "Official Police Tow Truck Services" to the Rialto Municipal Code relating to the granting of a 8 franchise to, and the regulation of, certain lowing companies chosen to provide official towing services on behalf of the City; and
10 WHEREAS, Chapter 5.42 has not been amended for fifteen years, is outdated, and needs to be updated; and
12 WHEREAS, the City Council of the City of Rialto desires to provide a higher level of 13 qualified and reasonably-priced towing operations for towing and storage of vehicles on a rotational 14 basis.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RIALTO FINDS AND 16 ORDAINS AS FOLLOWS:

Section 1. The above recitals are all true and correct and are hereby adopted as findings. 18 Section 2. Chapter 5.42 of the Rialto Municipal Codle hereby is amended to read in full as 19 follows:
20 "Chapter 542 •
21 OFFICIAL POLICE TOW TRUCK SERVICES
22 Sections:

Intent and purpose.
23 Definitions.
24 Franchise agreements.

Franchise fee.
25 Business license required.

Selection of official police tow service franchisees.
27 28 5.42.200

5.42.210
01180.0010238501.1 1
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5.42.220 Response tinie.
1 5.42.230 Liens and disposals.

5.42,300 Grounds for cancellation, revocation or suspension. 2 5.42.310 Procedure for action against official police tow service.

5.42.400 Authority for City to maintain and operate own tow yard. 3 5.42.010 Intent and purpose.
• 4
It is the intent of this chapter to prescribe the basic regulations for the operation of "official 5 police towing services" in the city in responding to police emergency situations and in the removal of vehicles which are apparently abandoned, improperly parked or stopped on public property, involved 7 in an accident. operated by persons in violation of licensing requirements, or which constitute an 8 obstruction to traffic because of mechanical failure. It is the intent of the City Council in enacting the ordinance codified in this chapter to provide a fair and impartial means of distributing requests for 10 towing services among qualified towing firms, and to ensure that such service is prompt and reasonably priced, and in the best interest of the puhlic as well as the interest of efficient policing 12 operations for the removal from public streets of such vehicles. 13 5.42.020 Definitions.
14 A. "Official Police Tow Service" means a towing company having a franchise with the city of 15 Rialto to provide towing services to the Police Department. An Official Police Tow Service 16 shall be used by the Police Department for any situation where a tow truck is required. 17 B. A "tow car" or "low truck" is a motor vehicle which has been altered or designed and 18 equipped for, and exclusively used in the business of, lowing vehicles by means of a erane, 19 tow bar, tow line, flat bed, roll back, or dolly, or is otherwise exclusively used 1o render 20 assistance to other vehicles.
21 C. "Attendant" or "operator" means a trained and/or qualified individual responsible for the 22 operation of a tow car, tow truck, or vehicle storage facility:
23 D. A "stored vehicle" is any vehicle removed from a site and taken to a tow yard at the direction 24 of a Police Department employee, and for which a vehicle report (currently, form CHP 180) is 25 provided to the Official Police Tow Service.
26 E. An "impounded vehicle" is any vehicle containing evidence of criminal activity, is in and of 27 itself evidence of a criminal act, or is taken pursuant to a violation of licensing requirements, 28 that is renoved from a site and taken to a tow yard for investigation purposes at the direction D1180.0010238501.1 2
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•
1 of a Police Department employee and for which a vehicle report (currently, form CHP 180) is 2 provided to the Olicial Police Tow Service.
3 F. "Hold" is a designation by the storing/impounding Police Department employee requesting a 4 level of care above that generally accorded to stored or impounded vehicles. "Holds" expire 5 ten (10) calendar days after the date of the tow, unless otherwise extended by a Police 6 Department amployee.
7 G. "Director of Administrative Services" means the position established in Section 2.32.030 of 8 the Rialto Municipal Code, which position is charged with the administration of the financial affairs of the city.
10 5.42.030 Franchise agreements.
11 Tow truck operators designated as an Official Police Tow Service shall enter into a written 12 franchise agreement with the city. Each franchise agreement shall contain eligibility requirements, 13 operating regulations, and fee schedules as adopted by the City Council. 14 5.42.040 Franchise fee.
15 A. Pursuant to Califomia Vehicle Code Section 12110(b), each Official Police Tow Service shall 16 pay the city a franchise foo in such amount as may, from time to timc, be set by nsolution of the City Council. All terms and provisions for payment of the fee shall be clearly set forth in 18 the franchise agreenient.
19 B. The franchise fee shall be paid monthly to the city no later than the 10th of the following 20 month of service provided by the Official Police Tow Service during the term of the 21 franchise.
22 C. Nonpayment of the franchise fee by any Official Police Tow Service shall be grounds for 23 revocation of the franchise.
24 D. The city shall retain the right to impose alternative forms of taxes and/or fees in the event that 25 the franchise fees provided for in this section 5.42.040 are no longer assessable due 1o a 26 subsequent change in federal, state, or local law.
27 28
01180.0010/238501.1 3
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1 5.42.050 Reports.
2 A. Every Official Police Tow Service shall annually provide the city with an income statement of 3 the Official Police Tow Services. Such statements shall be in such substance and format as 4 nay be provided by the Director of Administrative Services or histher designee. 5 B. In addition to the annual income statement, each Official Police Tow Service to the city shall provide a detailed report showing the basis for calculating the monthly franchise fee and a 7 written statement, signed under penalty of perjury by an officer of the Official Police Tow 8 Service, and the basis for exempting any such tow services from calculation of the monthly franchise fee payment.
10 5.42.060 Franchise terms and conditions.
11 A. All Official Police Tow Service franchises granted pursuant to this chapter shall he non- 12 exclusive and shall be for a term as specified by the City Council in any resolution granting a 13 franchise hereunder and/or in any franchise agreement between the city and the Official 14 Police Tow Service.
15 B. The City shall award up to two (2) franchises pursuant to this chapter. No provision of this 16 chapter shall be deemed to require the City Council to grant any franchise if the council 17 determines that the grant of any such franchise is not in the best interest of the city and the 18 public.
19 C. Each Official Police Tow Service shall be subject to the terms and conditions specified in this 20 chapter, as well as any terns or conditions spacified in the resolutions granting their 21 respective franchises and/or in their respective franchise agreements. 22 D). In granting any Official Police Tow Service franchise, the City Council may prescribe such other terms and conditions within the agreement not in conflict with this article, as the City 24 Council, in its sole discretion, may determine to be in the best interest of the city and the 25 public.
26 5.42.070 Business license required.
27 Each Official Police Tow Service shall have and maintain a valid license to do business in the 28 city at all times during the term of its franchise agreement. 01180.0010/238501.1 4
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1 | 5.42.080 Selection of Official Police Tow Service franchisees. 2 Al least ninety (90) calendar days prior to the date an existing franchise is due to expire, or 3 whenever the Chief of Police or his or her designee determines that the city has an established need 4 for a new or additional tow truck operator to provide official polica tow services to the city, the Chief 5 of Police or his or her designee shall request that the Department of Administrative Services send out 6 a notice of request for qualifications for a tow truck operator. The raquest for qualifications shall be 7 prepared by the Department of Administrative Services and shall be approved by the Chief of Police 8 or his or her designee. All proposals shall be reviewed by a qualifications evaluation committec, 9 which will include the Chief of Police or his or her designee. 10 The evaluation committee shall select the most qualified proposal, if there is one, and shall 11 conduct a background investigation on the operator, his/her employees, as well as verify all 12 information included in the proposal submitted to the city. Upon successful completion of the 13 background investigation, the Chief of Police or his or her designee shall recommend in writing to the 14 City Council the award of a franchise based on the bidder's compliance with the objective criteria 15 established by this chapter or established by resolution of the City Council for determining the most 16 qualified opcrator. In preparing requests for and evaluating proposals received by the city, the 17 Department of Administrative Services and the Chief of Police or his or her designee shall comply 18 with the procedures and criteria adopted by resolution of the City Council in accordance with this 19 chapter, if any.
20 For the purposes of this section 5.42.080, the city may determine the need for a new or 21 additional Official Police Tow Service if any of the following occurs: (I) an existing Official Police 22 low Service's franchise is revoked in accordance with the provisions of Section 5.42.310 of this 23 chapter; (2) the response times of all of the existing Official Polica Tow Services fail to meet the 24 average response time required by the franchise because of a demonstrable increase in the volume of 25 official tows; (3) city annexes additional area and the Chief of Police or his or her designee, in hisiher 26 sole discretion, determines that the increased area and population warrant additional Official Police 27 Tow Services to adequately protect the public health, safety and welfare; or (4) city determines in its 28 sole discretion that the Official Police Tow Service fails to maintain fiscal responsibility. 01180.0010/238501.1 5
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1 5.42.090 Transfer or assignment of franchise.
2 A. An Official Police Tow Service shall not sell, transfer, lease, assign, sublet, mortgage, or 3 dispose of, either in whole or in part, either by forced or involuntary sale, or by ordinary sale, 4 contract, consolidation or otherwise, the franchise or any rigits or privileges granted therein, 5 without obtaining the prior, written consent of the City Council. Any request to transfer or 6 assign the franchise must be in writing and must be submitted to the city at least one hundred 7 twenty (120) days prior to the effective date of such sale, transfer, or assignment. 8 B. Upon receipt of a written request to sell, transfer, lease, assign, sublet, mortgage, or otherwise 9 dispose of a franchise, the Police Department shall investigate the proposed transferee or 10 assignee and determine whether such proposed transferee or assignee is qualified to șerve as 11 an Official Police Tow Service operator pursuant to the criteria and requirements set forth in this chapter and contained in the franchise agreement and shall make a recommendation to the City Council.
14 C. The prohibition against the sale, transfer, lease, assignment, subletting, mortgage, or disposal of any interest in the franchise shall apply to any change in control of the Official Police Tow Scrvicc. The word "control" as used hercin is not limited to a change in major stockholders or partners of the Official Police Tow Service, but also includes actual working control in 18 whatever manner exercised. In the event that an Official Police Tow Service is a corporation, 19 prior written consent of the City Council shall be required where ownership or control of 20 more than forty-nine percent (49%) of the voting stock of the Official Police Tow Servica is 21 acquired by a person or group of persons acting in concert, none of whom own or control the 22 Voting stock of the Official Polica Tow Service, either singularly or collectively, as of the 23 effective date of the franchise.
24 D. Any attempt to sell, transfer, lease, assign, sublet, mortgage, or otherwise dispose of an 25 Official Police Tow Service franchise without the prior, written consent of the City Council 26 shall be null and void and shall subject the offending Official Police Tow Service operator to 27 cancellation, revocation, or suspension of its franchise subject to the terms and procedures set 28 forth in this chapter.
01180.0010/238501.1 6
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1 5.42.100 Towing rates and fees.
2 A. The city shall establish a uniform tow fee schedule to be used by all Official Police Tow 3 Services. The uniform tow fee schedule may be detennined by using the average tow fee 4 allowed by the California Highway Patrol, San Bemardino Bureau (the "CHP"), for those Official Police Tow Services with contracts with the CHP. Said rates shall be adjusted 6 annually unless an adjustment to rates is approved more frequently by the CHP. 7 B. All charges for towing, impound, storage, and other services required to be performed by the 8 Official Tow Service shall not exceed the schedule of rates approved by the City Council. 9 The schedule of rates approved by the City Council shall be reviewed and modified, if 10 needed, at the beginning of every City fiscal year.

C. Fach Official Police Tow Service shall post, in a conspicuous place in the interior of each tow 12 truck operated by said Official Police Tow Service andin the business office or such other 13 places where customer financial transactions take place, an approved rate schedule listing the 14 rates and charges of all towing and storage services offered in a form approved by the Chief 15 of Police.
16 5.42.110 Rotation system.
17 A. Each Official Police Tow Service designated as an Official Police Tow Service shall be 18 placed on a "rotation list" in an initial order to bo determined by the Police Department. The 19 rotation list shall be used whenever a driver or owner of a disabled vehicle is unable to specify 20 a particular garage or tow service, or whenever a Police Department employee stores or 21 impounds a vehicle.
22 B. Each Official Police low Service shall be called according to the established rotation list to 23 respond to a Police Department request for towing service, and, when in turn, shall have 24 exclusive right to provide service as follows:
25 The Official Police Tow Service at the top of the order on the rotation list shall have 26 preference to tow all vehicles from a specific scene, provided that Official Police Tow 27 Service responds with all equipment needed to accomplish the tows within the response 28 time specified herein.
01180.0010/238501.1 7
B-7
1 C. Whenever an Official Police Tow Service cannot respond with all equipment needed to 2 accomplish all tows at a specific scene within the response time specified herein, the next 3 Official Police Tow Service on the rotation list shall be called to provide service to the remaining vehicles).
5 D. Whenever an Official Police Tow Service cannot, for any reason, respond with any equipment 6 needed to accomplish the requested service within the response time specified herein, that 7 Official Police Tow Service shall be passed over and the next Official Police Tow Service on 8 the rotation list will be called. The Official Police Tow Service shall become eligible to 9 provide service again only in its next turn in rotation. 10 E. Exceptions:
= 1. Whenever the driver or owner of a disabled vehicle specifies a particular cluh, 12 association or tow service to be called to provide service, such calls shall not 13 constitute a "rotation" call.
14 2. Whenever a Police Department employee determines that an emergency exists 15 because an Official Police Tow Service is unable, for any reason, to provide adequate 16 tow servico, the Police Department employce shall have the right to have such dutics 17 performed by any other means available.
18 5.42.200 Standards for tow truck equipment.
19 A. Each Official Police Tow Service shall provide towing equipment capable of providing for the 20 following services:
21 1. Recovery trucks) with an adjustable boom with a minimum lifting capacity of at least eight (8) tons.
23 2. Wheel lift towing.

3. Roll back/flatbed towing.
25 4. Towing in parking garages.
26 5. Towing from off-road areas.

6. Towing of large and oversized vehicles.
28 7. Towing of motorcycles without causing additional damage. 01180.0010/238501.1 8
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1 B. All tow trucks shall be equipped as provided in the California Vehicle Code, including, but 2 not limited 1o, Seclions 615, 24605, 25100, 27700, and 27907. 3 C. Any equipment used and maintained by an Official Police Tow Service shall be available for 4 inspection by the Police Department upon request.
5 D. Each Official Police Tow Service shall be equipped for and have personnel proficient in 6 unlocking locked vehicles when requested to do so by Police Department employces. 7 E. Each Offcial Police Tow Service shall maintain in a neat and clean manner and in good 8 working condition its storage facilities and improvements thereon, and all vehicles, facilities, equipment, and materials used by the Official Police Tow Service in the performance of the 10 services required by the franchise. Any additions to or deletions from an Official Police Tow 11 Service's tow truck fleet shall he immediately reported, in writing, to the City. 12 5.42.210 Standard rules of operation.
13 A. Requests for Service. All reguests for towing service and the removal of traffic hazards shall 14 be made through the Police Department. Official Police Tow Services shall provide towing 15 service witen:
16 1. The owner or driver of a disabled vchicle is unable to or fails to specify a garage or 17 tow service;
18 2. A disabled vehicle presents a hazard that renders any request by a driver or owner 19 impractical;
20 3. A Polica Department employee requests a towing service for the purposes of storing or 21 impounding a vehicle.
22 B. Hours of Uperation; Vehicle Release. Lach Official Police Tow Service shall comply with all 23 of the following regulations relating to hours of operation, identification, and vehicle release:
24 1. Each Official Police Tow Service's business office shall be located within the storage 25 yard and attended at all times for servicing the public and the city from 8:00 a.m. to 26 5:00 p.m., Monday through Friday, except for the following holidays:

New Year's Day* Labor Day
28 Martin Luther King Js. Day Veterans Day*
01180,0010/238501.1
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1 Presidents' Day Thanksgiving Day
2 Cesar Chavez Day Christmas Eve
3 Memorial Day Christmas Day*
4 Independence Day*
5 *If said holiday falls on a Saturday, it will be observed on the preceding Friday; if said 6 holiday falls on a Sunday, it will be observed the following Monday. 7 2. Official Police Tow Service's business office shall have a sign posted including the 8 company name, address, phone number, and hours of operation. clearly visible from 9 the roadway.
10 3. Official Police Tow Service may collect an additional charge, in an amount approved by the Police Chief, for release of vehicles after normal husiness hours. 12 4. Official Police Tow Service must be available to promptly respond twenty-four (24) 13 hours a day, seven (7) days a week, three hundred sixty-five (365) days a year, to all requests by the city for towing services.
15 5. Official Police Tow Service shall release vehicles impounded by the Police 16 Department, pursuant to authorization provided by appropriate employees of the 17 Police Department. Such authorization shall be in writing on a form provided by the 18 Police Department.
19 6. All vehicles stored or impounded as a result of a tow ordered by the Police 20 Departnient shall be made available to the owner of the vehicle or his representative, any insurance agent, insurance adjustor, or any body shop or car dealer. for the 22 purpose of estimating or appraising damages, except vehicles with a "police hold." 23 C. Removing Hazards. After heing dispatched by the Police Department to the scene, an Official 24 Police Tow Service operator shall cooperate with the police officers in removing hazards and 25 illegally parked vehicles as requested. It is the duty of the police officers 1o determine when 26 such vehicle should be impounded or moved, and the Official Police Tow Service operator 27 shall abide by their decisions. This requirement shall only apply to Official Police Tow 28 01180.0010238501.1 10
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•
1 Services summoned to a scene in response to an official request by the Police Department for 2 tow services.
3 D. Tow Truck Signage. Each Official Police Tow Service shall conply with Section 27907 of 4 the California Vehicle Code regarding signs on tow trucks. 5 E. Compliance with Rotation System. Each Official Police Tow Service shall agree to abide by 6 the rotation system established by the Police Department pursuant to the provisions of Section 7 5.42.110of this chapter.
8 F. Tow of City Vehicles. Each Official Police Tow Service shall tow and provide services to all city vehicles, other than heavy duty vehicles, free of charge in and within 5 miles of the City 10 limits.
= G. Personnel. Fach Official Police Tow Service and its officers, employees and agents shall he responsible for their acts while i performing duties pursuant to their respective franchise 13 agreements as follows:
14 1. The owners of Official Police Tow Service participating in towing assignments by the Police Department shall be responsible for the acts of their employees while on duty.

2. Each participating Official Police Tow Service shall be responsible for damage to vehicles while in its possession caused by that Official Police Tow Service. - 18 3. Each Ollicial Police Tow Service shall be responsible for damage to person or property caused by its employees en route to or from a city request for tow services. 20 4. Each Official Police Tow Service and its employees, drivers, and agents shall comply with all applicable federal, state, and local laws, including but not limited to all 22 applicable provisions of the California Vehicle Code. 23 H. Maintenance of Records and Facilities; Access. Throughout the entire term of its franchise 24 with the city, inclusive of all renewals if any, an Official Police Tow Service shall abide by 25 the following:
26 1. Every Official Police Tow Service shall maintain all offices, storage facilities, and 27 equipment in a neat, clean and organized manner.
28 01180.0010/238501.1 11
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1 2. Every Official Police Tow Service shall provide city employees, including Police 2 Department or other city investigators, access lo its records, equipment, and storage facilities during normal working hours to assure compliance with the conditions and 4 terms of the franchise and all applicable statutes, codes, and regulations. 5 I. Recording of Tow Truck Assignmant. An Official Police Tow Service shall record its time in 6 and its tine out on every tow truck assignment. Such records shall be available and open to 7 city examination.
8 J. TowReports. All Official Police Tow Services shall submit a monthlyreport to the Chief of 9 Police or his or her designee and the Director of Administrative Services or his/her designee, 10 which shall include the following:

1. Total police impounds;
12 2. Dates and number of times dispatched by Rialto Police Department; 13 3. Number of these calls resulting in impounds:

4. Total amount received from towing services:
15 5. Total amount received from after-hour release charges; 16 6. Number of chicles sold on lien sale under authority of Civil Code Section 3072, and 17 reporting said lien sales as per authority of Vehicle Code Sections22850 et seq.; 18 7. Number of vehicles sold under authority of Civil Code Section 3073; 19 8. For individual sales, the DMV release of liability form; 20 9. For all bulk sales, the name of the salvage company or individual purchaser and the 21 vehicle identification numbers of all vehicles sold; 22 10. Number of calls answered in which time beyond one (1) hour was required to handle; 23 11. Any responses to city requests for tow services in excess of forty (40) minutes. 24 K. Communications Requirements. All Official Police Tow Services shall comply with the 25 following communications requirements:
26 1. Official police tow service shall maintain a telephonic point of contact capable of 27 receiving city requests for towing services twenty-four hours a day. 28 :01180.0010/238501.1 12
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1 2. Each Official Police Tow Service shall require its internal dispatch to retain data and 2 records relating to the city's requests for towing services on premises for the term of 3 the franchise.

3. Each Official Police Tow Service shall require the telephonic point of contact to 5 promptly accept and relay requests for towing services made by the city. Failure or 6 refusal to promptly relay the city's requests for towing services shall constitute a 7 failure to comply with the requirements, terms and conditions of the franchise and 8 may result in termination of the franchise.
9 4. Each Official Police Tow Service shall install and maintain at all times during the term 10 of its franchise with the city, communications between their tow vehicle(s) and the official telephonic point of contact. This communication may he either by two-way 12: radio or cellular telephone.
13 5. Each Official Police Tow Service shall maintain a twenty-four- (24-) hour per day 14 communication contact with their tow vehicle(s).
15 6. Each Official Police Tow Service shall maintain a twenty-four- (24-) hour per day 16 telephone service to reccive calls from the public.

L. Storage Facilities. Every Official Police Tow Service shall have a secure and environmentally 18 safe vehicle storage facility with a mininum of fifleen thousand (15,000) usable square feel. 19 1. The vehicle storage facility must be located within the corporate city limits of the city 20 of Rialto.
21 2. The vehicle storage facility must be completely enclosed by a six- (6-) foot high wall 22 or fence with no holes, gaps, or other unsecured openings, and a gate. 'The wall or 23 fence shall have two(2) or more strands of barbed wire installed in such a manner as to 24 discourage access over the top of the wall or fence or the wall or fence shall be a 25 minimum of eight feet in height without barbed wire. All gates into the storage yard 26 shall meet the same standards required of the wall or fence. Any damage to walls, 27 fences or gates which allows, or could potentially allow, unauthorized access to the 28 vehicle stornge facility must he repaired within twenty-four (24) hours. 01180.0010/238501.1 13
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1 3. The vehicle storage facility shall have adequate lighting, and comply with all 2 applicable building codes, zoning regulations, environmental laws and regulations, 3 and any and all other applicable laws, rules and regulations established by federal, 4 state, county andior city governments.
5 4. Security at the vehicle storage facility shall be adequate to preclude theft, vandalism, or damage while in the tow operator's establishment. The view to all vehicles must bo 7 obstructed from the roadway. No vehicles shall be left parked or stored on the public 8 streets at any time. The official police tow service Official Police Tow Service 9 operator must provide off-street parking for its equipment and be able to accommodate 10 at least four (4) additional vehicles for customer parking. Storage vehicles should be 11 secured away from the customer parking area and on-site office area. 12 5. Each official police low service Official Police Tow Service operator shall 13 conspicuously post a tag on the windshield of all velicles ordered impounded by the 14 police department. No vehicle ordered impounded by the police department shall be 15 released by the official police tow service Official Police Tow Service operator until 16 said opcrator has verified that the applicable city clease charges have been paid and 17 obtained written autorization from the police departnent to release a particular 18 vehicle.
19 6. Each vehicle storage facility must have adequate storage facilities to provide storage 20 of ten (10) vehicles within an enclosed area, totally protected from the weather, 21 contamination or handling by unauthorized person(s). The police department will designate when a vehicle is to be placed into inside storage and may place a seal on 23 each door of the vehicle and/or doors) of the impound facility. Vehicles placed into 24 inside storage shall not be removed there from without written anthorization from the 25 police department.
26 7. Each vehicle storage facility must provide an inspection area for authorized members of the Police Department. Such area shall have, at a minimum, a covered inspection 28 area (roof) with a paved (concrete or asphalt) surface. 01180.0010/238501.1 14
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1 8. No Official Police Tow Service shall perform any work upon any vehicle stored or 2 impounded by the Police Deparunent withoul first obtaining written authorization 3 from the Police Department and the registered owner of the vehicle. 4 9. No Oficial Police Tow Service shall dispose of any vehicle stored or impounded by 5 the Police Department. through any process whatsoaver, without first obtaining 6 written authorization from the Police Department to dispose of the vehicle. 7 M. When disposing of unclaimed vehicles. Official Police Tow Services shall abide by all 8 federal, state and local laws pertaining thereto.
9 N. All vehicles stored or impounded as a result of a tow ordered by the Police Department shall 10 be towed directly to either the Official Police Tow Service's or the city's storage lots unless 11 the Police Department or other person legally in charge of the vehicle requests that it he taken 12 to some other location. Vehicle release fees shall be established by resolution of the City 13 Council.
14 5.42.220 Response time.
15 A. Each Official Police Tow Service agrees that, for any thirty-day period, the average response 16 time pursuant to requests for tow service by the Police Departnient, shall not exoced thirty (30) minutes. Each Official Police Tow Service also agrees that the maximum response time 18 for any single request for tow scrvice by the Police Department shall nol exceed forty (40) 19 minutes. As used in this section, response time is defined as the elapsed time between the 20 relaying of the tow service request to the answering service and arrival of the tow vehicle on 21 the scene.
22 B. When it becomes evident that there will be a delay in responding to a request for towing 23 service, the responding Official Police Tow Service shall advise the Police Department of this 24 delay and the reason for the delay.
25 5.42.230 Liens and disposals.

A. Each Official Police Tow Service shall provide the Police Department with a list of unclaimed 27 vehicles thirty (30) days before they are scheduled to be disposed of or sold. On or before the 28 10th of each month, the Official Police Tow Service shall furnish to the Police Department a 01180.0010/238501.1 15
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1 list of all vehicles that have been sold at lien sales during the previous month and date of the 2 action. The list shall include the vehicle owner's name, address, vehicle make, year, and 3 model, license nunber, VIN number, and Police Department record number. Copies of all lien 4 sale documents shall be submitted with such list. The docuents shall be dated and include all 5 charges imposed on each sale.
6 B. Each Official Tow Service shall abide by all federal, state, and local laws pertaining to the 7 disposal of unclaimed vehicles and shall not use any vehicle stored or impounded as a result 8 of tow ordered by the Police Department for any purpose except as expressly authorized under the Agreement.
10 C. No city officials, officers, employees, agents, or consultants thereof, or their respective 11 relatives (i.e., spouses, siblings, grand/parents, grand/parents-in-law, grand/children, aunts. 12 uncles) shall purchase or acquire any unclaimed vehicles sold or disposed of through the 13 process under this Section 5.42.230.
14 5.42.300 Grounds for cancellation, revocation, or suspension. 15 A. A franchise shall be subject to termination by the Chief of Police without cause or such other 16 rights, as proscribed in the franchisc agrcement.

B. A franchise shall be subject to cancellation, revocation, or suspension by the Chief of Police 18 either as a whole or as to any person or vehicle described therein for cause, including but not 19 limited to any of the following reasons:
20 1. An Official Police Tow Service fails to pay any city business license fees, late fees, or 21 other fees provided in the franchise agreement or by the Rialto Municipal Code; or

2. An Official Police Tow Service breaches any rule, regulation, or condition set forth in the franchise agreement or the Rialto Municipal Code; or 24 3. An Official Police Tow Service, or any person having any ownership interest in that 25 Official Police Tow Service, or any employee of that Official Police Tow Service 26 violates any federal, state or local law; or
27 4. An Official Police Tow Service fails to maintain a satisfactory level of service to the 28 police or public; or
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1 5. An Official Police Tow Service fails to keep any tow vehicle in safe condition and 2 good repair; or
3 6. An Official Police Tow Service fails to use distinctive coloring, monogram, or 4 insignia in compliance with Section 27907 of the California Vehicle Code; or 5 7. An Official Police Tow Service deviates from the schedule of rates set forth in the franchise: or
7 8. An Official Police Tow Service passes on a tow assignment three or more times in any 8 calendar month. "Passing" is defined as refusing, for any reason, any tow assignment 9 from the Police Department, including, without limitation, the towing of city vehicles 10 at no charge: or
= 9. An Official Police Tow Service fails to respond to requests for tow service by the 12 Police Department within the response time established by Section 5.42.220; or 13 10. An Official Police Tow Service commits fraud or deceit upon the city, including, 14 without limitation, falsifying data and records relating to the city's requests for towing 15 services, falsifying the number of Official Police Tow Services performed, falsifying 16 the response times to city requests for tow sorvices; or

11. An Official Police Tow Service commits fraud or deceit upon any person to whom 18 that Official Police Tow Service provides tow truck services as determined by a court 19 of law; or
20 12. An Official Police Tow Service defaults on the perfonnance of its material obligations 21 under this chapter or the franchise and fails to cure such defauli within the time 22 specified in the written notice of the default: or

13. An Official Police Tow Service fails to provide or maintain in full force and effect the 24 insurance coverage as set forth in the franchise agreement: or 25 14. An Official Police Tow Service violates any order or ruling of any regulatory body 26 having jurisdiction over the Official Police Tow Service relative to the tow truck 27 business, unless such order or ruling is being contested by that Official Police Tow 28 Service by appropriate proceedings conducted in good faith; or 17 •
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1 15. An Official Police Tow Service becomes insolvent, unable or unwilling to pay its 2 debts and obligations, or is adjudged to be bankrupt. 3 5.42.310 Procedure for action against Official Police Tow Service. 4 Whenever the city determines that an Official Police ow Service has violated any applicable 5 federal, state or local law, or has violated any provision of the franchise between the Official Police 6 Tow Service and the city, the city shall give that Official Police Tow Service written notice of the 7 violation and an opportunity to be heard on the matter in accordance with the following procedures:
8 A. Written Notice. The city shall notify the offending Official Police Tow Service in writing of 9 any and all violations. Such notice shall be delivered to the particular Official Police Tow Service in violation by personal delivery or by registered or certified mail, return receipt requested, shall clearly set forth the specific violation, shall demand that the offending Official Police Tow Service cure the violation, and shall set forth the time period for curing the violation. The time period for curing a violation shall be determined by the Chief of 14 Police, or his or her designee, based on the nature of the violation, but rinder no circumstances 15 shall the time period to cure be less than ten (10) calendar days. If the Official Police Tow 16 Service fails to correct the violation within the time prescribed by the notice, or if the Official Police Tow Service fails to commence good faith efforts to correct the violation within the 18 time prescribed in the notice, the city shall temporarily suspend the Official Police Tow 19 Service's franchise with the city pursuant to the provisions of subsection (B) below or shall 20 give the Oflicial Police Tow Service fourteen (14) calendar days" written notice of a hearing 21 before the Chief of Police, or his or her designee. The written notice shall specify the alleged 22 violations and the recommended action to be taken.
23 B. Temporary Suspension. For equipment violations or business omissions, where the Police 24 Department desires to provide an Official Police Tow Service an additional opportunity 25 beyond the initial notice to correct violations or omissions, the Chief of Police, or his or her 26 designee, may suspend that Official Police Tow Service from providing service for a period of time not to exceed seven (7) calendar days. Such suspension shall not be considered punitive 28 and shall he for the specific purpose of providing Official Police Tow Service time to correct / 01180.0010/238501.1 18
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1 specified violations or omissions. If the Official Police Tow Service still fails to take 2 corrective ailion during the temporary suspension period, the cily shall give that Official 3 Police Tow Service fourteen (14) calendar days' written notice of a hearing before the Chief 4 of Police, or his or her designee. The written notice shall specify the alleged violations and the 5 recommended action to be taken.
6 C. Suspension Pending Hearing. For all substantive violations of law or the provisions of the 7 franchise agreement between the Official Police Tow Service and the city of Rialto, or for 8 refusal to correct violations after proper notice is served upon the offending Official Police 9 Tow Service pursuant to subsections (A) and/or (B) above, where the Police Department 10 intends to take punitive action against the offending Official Police Tow Service or revoke the = franchise in its entirety, the Chief of Police or his or her designee, may suspend the offending 12 Official Police Tow Service from providing service for a period of time, not to exceed 13 fourteen (14) calendar days, in preparation for a hearing. 14 D. Informal Hearing. The Chief of Police or his or her designee, shall conduct such hearing and 15 may receive information from any source deemed relevant to the inquiry. The purpose of the 16 hearing shall bo to detormine the factual basis of the allogation(s) against the Official Police 17 Tow Service.
18 1. The hearing shall be informal in nature.
19 2. Formal rules of evidence (California Evidence Code and/or the Federal Rules of 20 Evidence) shall not apply.
21 3. The offending Official Police Tow Service shall have the opportunity to respond to the 22 allegations and present information relevant to Official Police Tow Service's defense. 23 4. At the conclusion of the hearing or within a reasonable time thereafter not to exceed 24 ten (10) working days unless otherwise agreed to by the city and the Official Police 25 Tow Service, the Chief of Police, or his or her designee, shall make a written finding 26 as to whether the allegation(s) are "founded" or "unfounded," supported by facts. 27 28
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1 5. Upon a finding the allegations) are "founded," the Chief of Police, or his or her 2 designee, shall delermine the appropriate sanction to be taken against the offending 3 Official Police Tow Service.
4 a. The Chief of Police may extend the suspension of the offending Official Police 5 Tow Service for a period of time, not to exceed thirty (30) additional calendar 6 days; or
7 b. The Chief of Police may permanently revoke the offending Official Police 8 Tow Service's franchise and remove the Official Police Tow Service from 9 providing service in response to Police Department request; or 10 c. The Chief of Police may impose such other sanction as he or she determines is 11 appropriate in light of the nature of the violation and the relevant 12 circumstances.
13 6. The Chief of Police, or his or her designee shall notify the offending Official Police 14 Tow Service of his or her finding and/or the sanctions to be imposed, in person, by 15 registered mail, or by written notice hand-delivered to that Official Police Tow 16 Servico's business office.
17 I. Appeal. Any Official Police Tow Service aggrieved by a decision of the Chief of Police 18 pursuant to this section may appeal the finding of, or the sanction imposed by, the Chief of 19 Police to the city administrator. Any such appeal must be filed with the city administrator in 20 writing within five (5) business days of the Official Police Tow Servica's receipt of the 21 decision of the Chief of Police.
22 I. 'Ihe city administrator shall schedule an informal hearing within ten (10) calendar 23 days of receiving an appeal from the Official Police Tow Service and shall notify the 24 Official Police Tow Service in writing of such hearing at least five (5) calendar days 25 prior to the hearing date. The same procedures set forth above for the hearing before 26 the Chief of Police. or his or her designee, shall apply to the hearing before the city 27 administrator.
28 20
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1 2. After hearing the evidence from both sides, the city administrator shall issue a written 2 decision within ten days of the hearing. The decision of the city administrator is final. 3 3. Any person aggrieved by the city administrator's decision may file a writ of 4 administrative mandamus pursuant to Section 1094.5 of the California Code of Civil 5 Procedure within ninety days of the date the city administrator issues his or her 6 decision.
7 5.42.400 Authority for City to maintain and operate own tow yard. 8 Nothing in this chapter shall be constructed to restrict or prohibit the City from maintaining its 9 own tow yard, either in lieu of, or in addition to any Official Police Tow Service franchise that is 10 awarded pursuant to this chapter."
Section 3. Severance. If any provision of this Ordinance is held invalid, such invalidity 12 shall not affect the remaining provisions of this Ordinance, which shall remain in effect absent the 13 provision held to be invalid, and to this end, the provisions of this Ordinance are declared to be 14 severable.
15 Section 4. The City Clerk shall certify to the adoption of this Ordinance, and cause the 16 same to bo published in the local newspaper, and the same shall talic effect thirty (30) days after its 17 date of adoption.
18 PASSED, APPROVED AND ADOPTED this 24th day of February, 2015. 19 20 DEBORAH ROBERTSON, Mayor
21 ATTEST:
22 23
BARBARA A. McGEE, City Clerk
24 25 APPROVED AS TO FORM
26 -
FRED GALANTE. City Attomney
28 01180.0010238501.1 21
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Rialto City CouncilMay 14, 2024

Rialto City Council
May 14, 2024