Agenda packet — San Fernando City Council, May 19, 2025 (part 4 of 6)

Customer Facilities and Training
Both vendors offer customer service facilities and amenities; however, site visits revealed that street parking was the most readily available option for customers at Mid-Valley Towing. This may create challenges for individuals retrieving their vehicles, especially during peak hours, and raises concerns about accessibility and convenience. Sufficient and dedicated customer parking is important to ensure a safe and efficient experience for the public.

During the site visit to Mid-Valley Towing, staff observed only one (1) office employee – who also served as the dispatcher – and one (1) tow driver on site. This limited staffing may hinder the company’s ability to respond effectively to multiple service requests at once. In contrast, staff observed a more robust operation at B&W Tow, including three (3) dispatchers, two (2) supervisors, two (2) yard employees, and two (2) tow drivers. This higher staffing level supports more efficient call handling and service coordination.

While both proposals met or exceeded qualifications in addressing employee training, Mid-Valley Towing provided a more detailed and comprehensive description of its training programs. This robust approach demonstrates the company’s commitment to ensuring that its staff is wellprepared to meet the demands of the contract, enhancing service quality and safety.

B&W Tow also met the qualifications by outlining its ongoing training efforts and demonstrating an understanding of the importance of maintaining high service standards, though its description was less detailed than that provided by Mid-Valley Towing.

B&W Tow’s primary and secondary storage yards are located within 1.5 miles of the San Fernando Police Station, allowing for quick and direct access without the need for freeway travel.

In contrast, Mid-Valley Towing’s storage yards are approximately 5.6 miles from the San Fernando Police Station, and require travel on freeways to reach the City. The closer proximity of B&W Tow's facilities supports faster response times and improved operational efficiency, particularly during peak traffic hours or emergencies when timely service is critical.

Oversight and Fee Schedule
Additional considerations in selecting a Tow Operator include the level of oversight and fee schedules. All Tow Operators are regulated by the Los Angeles Police Department (LAPD) Criminal Investigative Division (CID) and must abide by 12 rules promulgated by the Los Angeles Police Commission Board’s Rules Governing Tow Operations and Tow Operators (Attachment “C”).

B&W Tow is designated as an Official Police Garage (OPG). To receive this designation in Los Angeles, a towing company must apply through a competitive process administered by the Los Angeles Board of Police Commissioners. Applicants are required to meet stringent criteria related to facilities, equipment, and service standards, and must undergo inspections and review by the Commission Investigation Division. Once approved, OPG tow operators must abide by 23 rules established by the Los Angeles Police Commission (Attachment “D”). Mid-Valley Towing does not hold this designation.

May 19, 2025 CC Regular Meeting Page 397 of 733
Consideration to Approve a Franchise Agreement to Black & White Tow, Inc. for Vehicle Towing and Vehicle Storage Services

Page 6 of 6 ends

The tow and storage fees of both companies align with the rates established by the Los Angeles Police Commission (Attachment “E”). B&W Tow offers the Police Commissions discounted rate for non-credit card payment. Mid-Valley Towing’s proposal states, “Mid-Valley Towing reserves the right to request a specific increase to the Proposed Schedule of Fees, if unanticipated circumstances or expenses arise, such as fuel prices, insurance premiums, etc.” Proposed release fees to the City for each are highlighted in the following table.

B&W Tow Mid-Valley Towing
Franchise Fee $60.00 $45.00
Release Fee (to City) $80.00 Not specified
Release Fee (non-City) Not specified Not specified
BUDGET IMPACT:

There is no cost associated with awarding the Vehicle Towing and Storage Services Contract. A Franchise Fee of $45 per impound is paid to the City, which has generated a total of $148,746.65 over the last five (5) years of the contract, or an average of $31,328.80 per year. Staff expects the Franchise Fee to continue to generate approximately $31,100 per year in revenue. In addition to the Franchise Fee, the City collects an $80.00 Release Fee and $35.00 Administrative Fee for each vehicle redeemed.

CONCLUSION:

Staff recommends consideration of B&W Tow, Inc. for the award of the franchise agreement, as the company received the highest overall evaluation score, met or exceeded all RFQ requirements, and demonstrated clear advantages in facility capacity, proximity to the Police Department, and operational readiness.

ATTACHMENTS:

A. Contract No. 2359, including:

Exhibit “A”: City’s RFQ
Exhibit “B”: B&W Tow Proposal
B. Contract No. 1740
C. Criminal Investigative Division Regulatory Requirements D. OPG Regulatory Requirement
E. LA Police Commission Tow and Storage Rates.

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ATTACHMENT “A”
CONTRACT NO. 2359

FRANCHISE AGREEMENT FOR

VEHICLE TOWING ANDSTORAGE SERVICES

BETWEEN

THE CITYOF SANFERNANDO AND
BLACK & WHITE GARAGE, INC. DBA BLACK & WHITE TOW, INC.

DATED MAY 19, 2025
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CONTRACT NO. 2359
2 FRANCHISE AGREEMENT FOR VEHICLE TOWING AND VEHICLE STORAGE SERVICES

THIS FRANCHISE AGREEMENT FOR VEHICLE TOWING AND VEHICLE SECURE STORAGE SERVICES (THE "AGREEMENT") IS MADE AND ENTERED INTO THIS 19TH DAY OF MAY, 2025, BY AND BETWEEN THE CITY OF SAN FERNANDO, A CITY CORPORATION ("CITY"), AND BLACK & WHITE GARAGE, INC., DBA BLACK & WHITE TOW, INC. ("FRANCHISEE").

RECITALS
A. City has a regular need for the towing and secure storage services called for in the Towing Program described hereinafter. City lacks the facilities, equipment or personnel to perform the services called for in the Towing Program and must contract for such services.

B. Franchisee represents that it possesses the facilities, equipment and personnel necessary to perform the services called for in the Towing Program and is qualified to provide such services.

C. City is authorized to enter into this Agreement pursuant to California Vehicle Code Section 12110 and San Fernando City Code Section 90-911.

NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions hereinafter contained, City and Franchisee agree as follows:

ARTICLE 1. AGREEMENT- PURPOSE AND CONTENTS.

1.1. Purpose.

A. City regularly requires motor vehicle towing and storage services, including the removal of abandoned, stolen and damaged vehicles, occasional towing and storage of City owned vehicles and special security for vehicles held for the investigation of crimes, pursuant to various provisions of the California Vehicle and other Codes and the San Fernando City Code.

Pursuant to San Fernando City Code Section 90.911, any such services performed on behalf of the City or at the request of the San Fernando Police Department are part of the "Towing Program" of the City.

B. This Agreement is intended to provide for the operation and administration of the Towing Program, and is in the vital interest of the City and is necessary for the health and welfare of its citizens.

C. Pursuant to San Fernando City Code Section 90-911, Franchisee is hereby authorized to perform Towing Program related services ("Towing Services"), as requested by the Chief of Police or his designee, subject to the terms and conditions set forth herein.

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3 1.2. Documents Constituting Agreement.

The City of San Fernando Vehicle Towing and Secure Storage Service Provisions (the "Service Provisions") is attached hereto as Exhibit “A” and incorporated herein by this reference.

In the event of any conflict between the provisions of the Service Provisions and the provisions of this Agreement, the provisions of this Agreement shall control.

1.3 Definitions
A. The term "City" shall refer to the City of San Fernando, and its duly authorized employees, agents, assignees, or designees.

B. The term "Franchisee" shall refer to Black & White Towing, Inc. and its duly authorized employees, agents, assignees, or designees.

C. The term "Agreement" shall refer to the Vehicle Tow Service Franchise Agreement entered into by and between the CITY and FRANCHISEE.

D. The term "Contract Administrator" shall refer to the City Manager or designee.

E. The term "Vehicle Code" shall refer to the State of California Vehicle Code.

F. The term "Police Department" shall refer to the CITY's Police Department.

ARTICLE 2. AGREEMENT AND TERM.

2.1. Incorporation of Recitals.

The recitals set forth in full above constitute a material part hereof, and are hereby incorporated by reference as though fully set forth herein.

2.2. Award of Agreement.

City hereby awards Franchisee the non-exclusive right to provide Towing Services, as the same are more particularly described in Section 2.3, pursuant to the terms set forth in this Agreement and any and all applicable provisions of the San Fernando City Code (the "SFCC").

Franchisee shall have, throughout the term of this Agreement, the non-exclusive right to provide Towing Services to City within the corporate boundaries of City as the same now exist, and within any territory City hereafter annexes during such term, except to the extent that Towing Services • within such annexed territory would be unlawful or violate the legal rights of another person.

2.3. Scope of Services.

Subject to the terms and conditions of this Agreement, Franchisee agrees to provide City Vehicle Towing and Storage Services. The various tasks and related services to be performed by Franchisee are more specifically described in the City’s “REQUEST FOR QUALIFICATIONS for VEHICLE TOWING & SECURE STORAGE SERVICES” (hereinafter the “CITY REQUIREMENTS”) and May 19, 2025 CC Regular Meeting Page 401 of 733
CONTRACT NO. 2359
4 the written proposal of Franchisee entitled “BLACK & WHITE TOW RESPONSE TO REQUEST FOR QUALIFICATIONS” (hereinafter, the “FRANCHISEE PROPOSAL”) dated February 28, 2025. The CITY REQUIREMENTS and the FRANCHISEE PROPOSAL are attached and incorporated hereto as Exhibits “A” and Exhibit “B” respectively. The term “Scope of Work” shall be a collective reference to the City Requirements and the Franchisee Proposal. The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled City Requirements and the provisions of the document entitled Franchisee Proposal, the requirements of the document entitled City Requirements shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.

2.4. Effective Date.

This Agreement shall be effective on the date that both parties have executed this Agreement, provided that said date is no later than thirty (30) days after the date the City Council, by resolution, approves this Agreement. This Agreement is further contingent upon the filing by Franchisee with the City Clerk of the fully executed Agreement.

2.5. Term.

The term of this Agreement shall commence at the time of the Effective Date, and shall continue thereafter for five (5) consecutive years.

2.5.1 Renewal.

The City shall have the option to renew this Agreement for one (1) additional term of five (5) years upon mutual written agreement of the Parties. The Franchisee shall notify the City in writing of its desire to renew the Agreement no less than one hundred twenty (120) days prior to the expiration of the initial term. Renewal shall be subject to City Council approval and may include modifications to the terms and conditions of the Agreement as mutually agreed upon by the Parties.

2.6. Suspension and Termination of Agreement.

This Agreement may be suspended and/or terminated by the parties before the expiration of the then current term only as follows:

2.6.1. Suspension and/or Termination by City. City may suspend and/or terminate this Agreement under any of the following circumstances:
(a) For Convenience. City may terminate this Agreement, without cause, at any time by providing Franchisee with one hundred twenty (120) calendar days’ written notice of City's intent to terminate the Agreement. Upon receipt of such notice from City, Franchisee agrees to cease all work under this Agreement on or before the effective date of such notice. In the event of May 19, 2025 CC Regular Meeting Page 402 of 733
CONTRACT NO. 2359
5 termination or cancellation of this Agreement by City, due to no fault or failure of performance by Franchisee, Franchisee shall be paid for Towing Services satisfactorily rendered to the last working day the Agreement is in effect, and Franchisee shall have no other claim against City by reason of such termination.
(b) For Fraud. City may, in its sole discretion, terminate this Agreement in the event that any of the representations and warranties made by Franchisee in its Proposal or under this Agreement are, or at any time during the term of this Agreement become, materially false or inaccurate. City shall, within thirty (30) calendar days of discovery of fraud or misrepresentation, give notice to Franchisee, in accordance with the procedures of subsection 4.4 of this Agreement, of any suspected materially false or inaccurate representations or warranties made by Franchisee. Franchisee shall have thirty (30) calendar days to provide City with sufficient information showing it has not made any materially false or inaccurate representations or warranties in its Proposal or under this Agreement; absent such information, this Agreement shall be terminated at the conclusion of the 30-day period.
(c) For Default. Subject to the limitations hereafter provided, City may terminate this Agreement for cause if Franchisee:
(i) Fails to provide the equipment, services or personnel required by this Agreement, including the Service Provisions;
(ii) Fails to pay the Franchise Fee in a timely manner; (iii) Assigns or transfers this Agreement, any part thereof or any interest therein without the prior written consent of the City; or
(iv) Otherwise breaches the provisions of this Agreement, the Services Provisions or any related documents.

Notwithstanding the foregoing, City may not exercise its rights pursuant to this paragraph unless and until City provides Franchisee written notice of such default in accordance with the procedures set forth in Section 4.4 herein, and Franchisee fails to cure such default within thirty (30) days of receipt of said notice.

2.6.2. Termination by Franchisee. Franchisee may terminate this Agreement, without cause, at any time, by providing City with one hundred twenty (120) days written notice of Franchisee's intention to terminate. Said notice of termination shall clearly set forth the effective date of the termination and shall be delivered to City as set forth in Section 4.4 of this Agreement. Upon the effective date of Franchisee's termination of this Agreement, Franchisee shall relinquish any and all rights it may have under this Agreement, and shall relinquish and lose its status as a provider of Towing Services to City. Notwithstanding the foregoing, termination of this Agreement under this provision shall not release Franchisee from any obligations under this Agreement that, by their express terms, survive termination.

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CONTRACT NO. 2359
6 2.7. Conflicts with San Fernando City Code.

2.7.1. Conflicts. All provisions of the SFCC applicable to the performance of this Agreement are hereby incorporated by reference as though set forth in full, and form part of the terms and conditions of this Agreement. In the event any conflict arises between the terms and conditions of this Agreement and the provisions of the SFCC, the terms of this Agreement shall prevail.

2.7.2. Application of Amendments. Should the SFCC be amended, revised, superseded, or otherwise changed after the effective date of this Agreement, in a manner that would materially affect the terms and conditions of this Agreement, said amendment, revision or change shall not apply to this Agreement without Franchisee's written consent.

ARTICLE 3. FRANCHISE FEES AND ADMINISTRATION.

3.1. Franchise Fees.

3.1.1. Franchise Fees. Franchisee shall pay to City on a monthly basis the franchise fees as specified in the Franchisee Proposal attached hereto as Exhibit “B”.

3.1.2. Franchise Fee Adjustment. In the event the City Council increases the Franchise Fee, it shall allow a commensurate increase in the rates charged by Franchisee. The intent of the parties is that any increase in the Franchise Fee be passed through directly to the owners of the towed vehicles. Any change in the rates charged by Franchisee as a result of a change in the Franchise Fee shall require prior approval of the City Council and shall be made pursuant to section 4.12 of this Agreement.

3.2. Schedule of Payment.

3.2.1. Payment of Franchise Fees. The first Franchise Fee payment shall be due July 15, 2025, and shall cover the period from the date of this Agreement until June 30, 2025. Thereafter, the Franchise Fee shall be payable monthly, pursuant to the provisions of Section I(Z) of the Service Provisions. Each such payment shall be accompanied by an accounting, substantially in the form attached hereto as Exhibit “C”, which sets forth the number of vehicles towed during the preceding quarter.

3.2.2. Effect of Accepting Payment. No acceptance of any payment by City shall be construed as an accord that the amount is, in fact, the correct amount, nor shall such acceptance of payment be construed as a release of any claim City may have against Franchisee for any additional sums payable under the provisions of this Agreement. All amounts paid shall be subject to independent audit and recomputation by City. If, after audit, such recomputation indicates a franchise fee underpayment, Franchisee shall pay to City the amount of the underpayment within ten (10) days of receipt of written notice from City that such is the case.

3.2.3. Remittance. All Franchise Fee payments shall be remitted to City at the following address:

City of San Fernando, Finance Department, 117 Macneil Street, San Fernando, California 91340.

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CONTRACT NO. 2359
7 3.3. Administration.

3.3.1. Designation of Representatives. Each party shall designate a representative to serve as that party's primary contact for the administration of this Agreement at all times during the term hereof. City hereby designates the Chief of Police or designee as the City Representative.

Franchisee hereby designates Robert Ordelheide, President, as the Franchisee Representative.

Designation of another representative by Franchisee shall not be made without the prior written consent of City. Unless otherwise specified herein, approval of the Franchisee Representative required hereunder shall be deemed the approval of the Franchisee.

3.3.3. City Representative. The City Representative shall be the primary contract administrator for City. It shall be the responsibility of the Franchisee Representative to assure that the City Representative is kept informed of the progress of the performance of Towing Services, and Franchisee shall refer any decisions which must be made by City to the City Representative.

Unless otherwise specified herein, approval of the City Representative required hereunder shall be deemed the approval of the City.

ARTICLE 4. GENERAL PROVISIONS.

4.1. Insurance.

Franchisee shall, at its sole cost and expense, procure and maintain in full force and effect, throughout the term of this Agreement, inclusive of any renewal term granted by City, insurance that complies with all of the requirements of Section E(K)(1) of the Service Provisions, incorporated hereto by reference.

4.2. Indemnification.

The indemnification provisions set forth under Section E(K)(2) of the Service Provisions are incorporated hereto by reference and shall set forth Franchisee's indemnification duties and obligations under this Agreement.

4.3. Assignment or Transfer Prohibited.

The reputation, capability and identity of Franchisee are important and material factors in the award of this franchise. Accordingly, Franchisee shall not assign, sell, subcontract, or otherwise transfer any of its obligations, rights, benefits, or other interests it may have under this Agreement to any other person or entity without the prior written consent of City to such transfer or assignment. City may, in its sole discretion, withhold consent to any sale, assignment, or other transfer of this Agreement with or without cause, and may solicit new proposals for the Towing Program. City's consent to a transfer or assignment shall neither relieve Franchisee of its May 19, 2025 CC Regular Meeting Page 405 of 733
CONTRACT NO. 2359
8 obligations under, nor alter the terms of, this Agreement. For the purposes of this section, the sale, assignment, or other transfer from any person or group of persons collectively having an interest of fifty percent (50%) or more in Franchisee (whether by means of ownership of stock, partnership interests, tenancy, or otherwise) to any other person or entity shall be deemed an assignment subject to the provisions of this section. Any attempted or purported assignment, sale or other transfer by Franchisee without the prior written consent of City shall be null, void and of no effect.

4.4. Notices.

Any notice authorized or required to be given by this Agreement shall, unless otherwise specified in this Agreement, be served by personal delivery or by depositing such notice in the United States mail with first-class postage prepaid, addressed to the person and addresses listed below for each party, unless written notice is provided by either party as to a change of address for that party:

City: Police Chief
San Fernando Police Department
910 First Street
San Fernando, California 91340
Phone: (818) 898-1250
Fax: (818) 361-3697
with a copy to:

City Manager
City of San Fernando
117 Macneil Street
San Fernando, CA 91340
Phone: (818) 898-1200
Fax: (818) 361-7631
Franchisee: Black & White Towing, Inc.
10857 San Fernando Road
Pacoima, CA 91331
Attn: Robert Ordelheide, President
Phone: (818) 896-9511
Fax: (818) 896-1031
For the purposes of this Agreement, notices shall be deemed communicated as follows: (i) Notices delivered personally shall be deemed communicated as of the date of actual receipt; (ii) Notices sent via regular mail (whether by first class mail, registered mail or certified mail) shall be deemed communicated as of three (3) days after deposit thereof in the United States mail, addressed as shown on the addressee's registry or certificate of receipt; and (iii) Notices sent via Federal Express or similar courier service shall be deemed communicated two (2) days after deposit of such notices with Federal Express or similar courier or one of its agents.

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CONTRACT NO. 2359
9 4.5. Authority to Enter Agreement.

City and Franchisee warrant that the individuals who have signed this Agreement have the legal power, right, and authority to enter into this Agreement so as to bind each respective party to perform the obligations and conditions imposed upon each party herein.

4.6. Audit of Franchisee's Books and Accounts.

In addition to the requirements of Section I(L) of Exhibit “A”, Franchisee shall make its books and records available to City during regular business hours, upon 24-hours written notice from City, for the purpose of auditing and verifying Franchisees payment of Franchise Fees and compliance with this Agreement.

4.7. Severability.

Whenever possible, each and every provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision, or portion thereof, of this Agreement, or the application of the same to any person or circumstances, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such provision, or portion thereof, shall be severed from this Agreement and shall not affect the validity of the remaining portions of this Agreement. City and Franchisee expressly declare that each would have entered into this Agreement, and each and every section and provision herein, irrespective of the fact that any one or more provisions may be declared invalid or unconstitutional.

4.8. Independent Contractor.

Franchisee is, and shall at all times remain as to City, a wholly independent contractor.

Franchisee shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Franchisee shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Franchisee or any of Franchisee's employees, except as set forth in this Agreement. Franchisee agrees to pay all required taxes on amounts paid to Franchisee under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Franchisee shall fully comply with the workers' compensation laws regarding Franchisee and its employees. Franchisee further agrees to indemnify and hold City harmless from any failure of Franchisee to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any compensation due to Franchisee under this Agreement any amount due to City from Franchisee as a result of Franchisee's failure to promptly pay to City any reimbursement or indemnification arising under this Section 4.8.

4.9. No Third Party Beneficiaries.

This Agreement, its provisions, and its covenants, are for the sole and exclusive benefit of City and Franchisee. No other parties or entities are intended to be, nor shall be considered, beneficiaries of the performance by either party of any of the obligations under this Agreement.

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CONTRACT NO. 2359
10 4.10. No Waiver.

Any failures or delays by City in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies. Delays by City in asserting any of its rights and remedies shall not deprive City of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert, or enforce any such rights or remedies.

4.11. Time of the Essence.

Time is of the essence in the performance of this Agreement.

4.12. Modification and Amendment.

This Agreement may not be modified, supplemented, or amended, except by written agreement signed by each of the parties hereto.

4.13. Binding on Successors and Assigns.

This Agreement, and each and every covenant, obligation, and condition herein, shall be binding on and shall inure to the benefit of the successors and assigns of City and Franchisee.

4.14. Institution of Legal Actions.

In addition to any other rights or remedies, either party may institute legal action to cure, correct, or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Los Angeles, State of California, in any other appropriate court in that County, or in the Federal District Court in the Central District of California.

4.15. Attorneys' Fees.

In the event either party brings an action at law or in equity, including any action for declaratory relief, to enforce the provisions of this Agreement against the other party, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees, costs and expenses incurred in connection with the prosecution or defense of such action which may be set by the Court in the same action or in a separate action brought for that purpose, in addition to any other relief to which the prevailing party may be entitled under law.

4.16. Applicable Law.

The laws of the State of California shall govern the interpretation and enforcement of this Agreement.

4.17. Use of Captions.

The use of captions to identify the various articles and paragraphs of this Agreement are solely for reference and as a matter of convenience, and in no way bind, emit, or describe the scope or intent of any provision.

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CONTRACT NO. 2359
11 4.18. Interpretation.

City and Franchisee acknowledge that this Agreement is the product of mutual, armslength negotiation and drafting, and each party expressly represents and warrants to the other that it has been represented by legal counsel in the negotiation and drafting of this Agreement.

Accordingly, the rule of construction which provides that all ambiguities in the document shall be construed against the drafter of that document shall have no application to the interpretation and enforcement of the provisions of this Agreement.

4.19. Cooperation and Further Acts.

City and Franchisee hereby agree to execute such other instruments and to do such further acts as may be reasonably required by, or necessary to carry out, the provisions of this Agreement.

4.20. Reservation of Rights.

City and Franchisee expressly reserve all rights that they may possess under the law unless expressly waived herein. By entering into this Agreement, neither City nor Franchisee waives any rights which it now or may later enjoy under applicable law, and City and Franchisee specifically reserve their rights to take full advantage of any changes in the law during the term of the Franchise.

4.21. Force Majeure
If either City or Franchisee is unable to perform its duties under this Agreement due to strikes, lock-outs, labor disputes, inability to obtain labor, governmental restrictions, regulations or controls, civil commotion, fire or other casualty, emergency, or any other cause beyond the reasonable control of either City or Franchisee, such non-performing party shall be excused from the performance of its obligation by the other Party, and shall not be in breach of this Agreement, for a period equal to any such prevention, delay or stoppage.

4.22. Incorporation by Reference
All exhibits attached to this Agreement or documents expressly incorporated by reference shall be deemed incorporated into this Agreement by the individual reference to each such exhibit or document, and all exhibits and documents shall be deemed part of this Agreement as though set forth in full. In the event of any conflict between the express provisions of this Agreement and the provisions of any exhibit or document incorporated herein by reference, the provisions of this Agreement shall prevail.

4.23. Integration.

This Agreement represents the entire and integrated agreement between City and Franchisee and supersedes any prior negotiations, representations, or agreements, whether written or oral, with respect to the subject matter hereof.

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CONTRACT NO. 2359
12 ARTICLE 5. FRANCHISEE'S REPRESENTATIONS AND OBLIGATIONS.

5.1. Personnel.

Franchisee represents that it has, or shall secure at its own expense, all personnel required to perform the Towing Services contemplated by this Agreement. Franchisee may associate with or employ associates or subcontractors in the performance of the Towing Services upon obtaining the prior written approval of City to such association or subcontract, but shall remain, at all times, primarily responsible for the performance of the Towing Services.

5.2. Governing Requirements.

Franchisee shall operate its tow service and shall perform all Towing Services required of it under the terms of this Agreement in full compliance with the regulations set forth in this Agreement, including the Service Provisions, and all applicable federal, state and local laws.

5.3. Performance and Operational Standards.

Franchisee shall perform the Towing Services in accordance with the standards set forth under federal, state and local law and in the Service Provisions. Franchisee shall at all times comply with such operating standards, noticing requirements and service requirements mandated under Article 1 of Chapter 10 of Division 11 of the California Vehicle Code (Vehicle Code section 22650 et seq.) including but not limited to those operating standards, noticing requirements and service requirements set forth under Vehicle Code sections 22655.5(c), 22658, and 22699. The failure to abide by such operating standards, noticing requirements and/or service requirements shall constitute an Event of Default under this Agreement.

Throughout the term of this Agreement, Franchisee shall maintain their designation as a Los Angeles Official Police Garage (OPG) and comply with all towing and storage regulations as set forth by the Commission Investigation Division or other agency responsible for regulating OPGs.

Franchisee warrants, represents and agrees that all persons seeking the release of their vehicles from Franchisee shall not be subject to unlawful or arbitrary discrimination, including discrimination based upon sex, marital status, race, color, religion, ancestry, national origin, physical disability, sexual orientation and domestic partnership status and that Franchisee agrees that it will conduct all its business activities pursuant to this Agreement in accordance with the foregoing policy.

5.4. Rates and Charges.

Rates and charges Franchisee may charge for the removal and storage of vehicles towed by Franchisee in the performance of the towing services contemplated by this Agreement shall not exceed the rates and charges set forth in the Service Provisions.

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13 5.5 Prohibited Employment.

In addition to all other conditions of approval, the City Council of the City of San Fernando has also conditioned approval of this Agreement on Franchisee's compliance with the following:

To the fullest extent permitted by law, under no circumstances may Franchisee do any of the following during the term of this Agreement or any Renewal Term as the same are defined under Section 2.5 of this Agreement, above: (i) employ or offer employment to any person who is currently employed by the City of San Fernando; (ii) employ or offer employment to any former employee of the City of San Fernando whose employment ended or was otherwise terminated (for whatever reason) less than one year from the date the former employee is employed or offered employment by Franchisee; (iii) engage any employee of the City of San Fernando or offer to engage any employee of the City of San Fernando as an independent contractor or agent of Franchisee; and/or (iv) engage or offer to engage any former employee of the City as an independent contractor or agent of Franchisee where such engagement or offer to engage is made less than one year from the date the former employee's employment with the City of San Fernando ended or was otherwise terminated (for whatever reason).

ARTICLE 6. SIGNATURES.

6.1. Counterpart Originals.

This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.

Signature page to follow
May 19, 2025 CC Regular Meeting Page 411 of 733
CONTRACT NO. 2359
14 IN WITNESS WHEREOF, City and Franchisee have caused the within Agreement to be duly executed by their respective officers.

CITY OF SAN FERNANDO BLACK & WHITE GARAGE, INC. DBA
BLACK & WHITE TOW, INC.

By: By:

Nick Kimball, City Manager
Name:

Date:

Title:

ATTEST Date:

By:

Julia Fritz, City Clerk
Date:

APPROVED AS TO FORM
By:

Richard Padilla, City Attorney
Date:

May 19, 2025 CC Regular Meeting Page 412 of 733
CONTRACT NO. 2359
EXHIBIT “C”
15 EXHIBIT “C”

TOWING PROGRAM FRANCHISE FEE
BLACK & WHITE GARAGE, INC. QUARTERLY STATEMENT

CITYOF SAN FERNANDO TOWING PROGRAM FRANCHISE FEE QUARTERLY STATEMENT BLACK & WHITE TOWING, INC.

REPORTING PERIOD

FEE COMPUTATION
Based on Customers within City of San Fernando

1. TOTAL NUMBER OF VEHICLES TOWED THIS QUARTER _

2. Franchise Fee ($60.00 X line 1) $ ----

READ CAREFULLY BEFORE SIGNING
I hereby certify under penalty of perjury under the laws of the State of California that the above information is correct and the fee calculations are true to the best of my knowledge.

Signature Title Date
May 19, 2025 CC Regular Meeting Page 413 of 733

NOTICE INVITING BIDS
Notice is hereby given that sealed proposals will be received by the City of San Fernando, California, for furnishing the following:

VEHICLE TOWING & SECURE STORAGE SERVICES
in strict accordance with the Specifications on file in the office of the CITY CLERK, 117 Macneil Street, San Fernando, California, 91340. Copies of specifications and proposal documents may be obtained from the City’s website at http://www.ci.san-fernando.ca.us.

One (1) original, unbound, signed in blue ink; three (3) printed and bound copies; and one (1) electronic copy (PDF) via CD or flash drive of the proposal must be submitted to the CITY CLERK at CITY HALL, 117 Macneil Street, San Fernando, California, 91340, not later than 5:30 p.m. on Friday, February 28, 2025. Any bidder may withdraw their proposal, without obligation, at any time prior to the scheduled closing time for receipt of proposals. A withdrawal will not be effective unless made personally or by telephonic notification received prior to the closing date. Proposals may later be referred to the City Council for appropriate action. The City reserves the right to reject any or all proposals as the best interests of the City may dictate.

By:

Julia Fritz, City Clerk
Published in The San Fernando Sun on January 30, 2025.

CONTRACT NO. 2359
EXHIBIT "A"
May 19, 2025 CC Regular Meeting Page 414 of 733

REQUEST FOR QUALIFICATIONS
For

VEHICLE TOWING & SECURE

STORAGE SERVICES
January 30, 2025
City of San Fernando
Police Department
910 FIRST STREET
SAN FERNANDO, CA 91340
All Statement of Qualifications (SOQs) must be submitted in a sealed envelope and received by the City Clerk ’ s Office at San Fernando City Hall on or before Friday, February 28, 2025 at 5:30 PM with the following notation:

Statement of Qualifications for
Vehicle Towing & Secure
Storage Services
City of San Fernando
CONTRACT NO. 2359
EXHIBIT "A"
May 19, 2025 CC Regular Meeting Page 415 of 733

REQUEST FOR QUALIFICATIONS
(RFQ)
For

VEHICLE TOWING & SECURE

STORAGE SERVICES
Purpose and Request for Qualifications:

The City of San Fernando (“City”) is located in the San Fernando Valley region of Los Angeles County and spans 2.4 square miles. The City incorporated on August 31, 1911 and today is home to around 25,000 residents. San Fernando is a general law city operating under the City Manager form of government.

The City invites qualified vendors to submit proposals detailing their professional skills and qualifications in the field of vehicle towing and secure storage services. The selected franchise tow operator (Franchisee) will be responsible for providing immediate response and towing of vehicles when such service is called for by the San Fernando Police Department (“Police Department). The towing services include, but are not limited to, towing of vehicles involved in accidents or disabled by other causes; removal of vehicles that impede the flow of traffic; impounding of vehicles for evidence; removal and storage of vehicles abandoned in public places or on private property; towing of police department and or other City vehicles from a wide geographical area; and for any other reason within the jurisdiction of the police department. In addition, the storage requirements include storing of vehicles that have been towed in a safe, efficient and protected manner for extended periods of time as required.

The selected Franchisee will enter into a formal operating agreement (the “Franchise”) with the City. As part of the RFQ for Vehicle Towing and Secure Storage Services (“the RFQ”), City staff has developed specifications that take in to consideration, amongst other things, community’s convenience, the City of San Fernando's needs, the police department's efficiency, and the towing service's responsiveness.

The Franchise awarded to the firm with the selected proposal will be for a five-year term. The agreement shall be for an initial period of five (5) years, with an option to extend (at the City’s discretion) for five (5) additional years administratively.

SOQ Submittal Requirements:

This RFQ is intended to assess each Franchisee’s general capabilities as they would apply to the City’s needs and to evaluate specific responses to the expected scope of work. Each Franchisee CONTRACT NO. 2359
EXHIBIT "A"
May 19, 2025 CC Regular Meeting Page 416 of 733
must address each of the following items in their response to this RFQ.

1. State the legal name of your firm, its address and telephone number.

2. Describe your firm's background and experience and the structure of your organization (i.e., individual, partnership, corporation, joint venture, etc.).

3. Describe the proposed General Manager's background and experience (where applicable).

4. Provide general contact information including the name of the proposed General Manager, the office from which he/she will work, address, phone, FAX and e-mail address.

5. Provide a minimum of one and a maximum of five references for similar contracts performed within the past five years paying particular attention to those in San Fernando and its vicinity.

Include the address, current phone number, name and title of the person to be contacted.

6. Provide a list of public agencies (including the City of San Fernando) that required your firm to perform similar services during the preceding five years.

7. Describe your firm's approach to the scope of work.

8. Describe your firm's ability to perform the requested services as outlined in Section E of this RFQ.

9. Complete and provide the forms attached to this RFQ as Attachment A (Tow Listing Application), Attachment B (Civil Litigation History/Certification), Attachment C (False Claims Act Certification Form).

Format for Proposal Submittal:

A complete qualifications package submittal shall consist of the following:
(1) One original, unbound, signed in blue ink;
(3) Three printed and bound copies;
(1) One electronic copy (PDF) via CD or flash drive;
Each section should be separated by divider pages that are tabbed, colored or of heavier stock.

ALL sections must have a response in order for the submittal to be deemed valid.

All submittals must be received by the City Clerk’s Office on or before Monday, October 21, 2019 at 5:30 PM. Any proposal received after the above due date will not be considered and will not be returned. No faxed submittals will be accepted.

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EXHIBIT "A"
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The City does not recognize the US Postal Service, or any other organization, as its agent for purposes of accepting SOQs. All SOQs received after the deadline will be rejected and returned unopened.

No extensions will be granted. All SOQs will become the property of the City of San Fernando and will be made available for public inspection after an award is made or all SOQs are rejected.

Proposals must be prepared simply and economically, providing a straightforward and concise description of methodology and approach to satisfy the requirements of the RFQ. Emphasis should be on completeness and clarity of content with sufficient detail to allow for accurate evaluation and comparative analysis.

The City reserves the right to reduce or revise elements of the scope of work, or to amend or modify the qualifications requirements and to reject any and all qualifications, or to solicit additional qualifications should qualifications be considered by the City to be inadequate or not cost effective relative to the services that are sought. In addition, The City reserves the right to withdraw the RFQ at any time without prior written notice or to extend the due date. No representation is made hereby that any contract will be awarded pursuant to the RFQ or otherwise.

The City shall not be held liable for any expenses that a company incurs in the preparation of the qualifications, nor should such expenses be included in or incorporated into the cost schedule proposed. The City reserves the right to interview any and all potential vendors to verify their knowledge and understanding of the scope of work to be proposed and the technical abilities for performing such an effort. The City reserves the right to conduct an on-site inspection without notice. Inspection team shall be granted access to facility including storage lots, dispatch center, evidence hold area, and other areas pertinent to the efficient operations of the business.

The City reserves the right to reject any and all Qualifications, to waive any informalities in any proposal, and to select the Proposal that best meets the City’s needs. Responses must be submitted without conditions.

The City may elect to interview a short list of qualified proposers or to interview only the top two rated proposers based upon the proposal submitted for the project.

Specifications are provided to identify the service required and to establish an acceptable level of quality. The City will be the sole judge in determining comparable levels of service and quality in all offers.

Franchisee shall furnish all the information required and is expected to examine all specifications, instructions and the terms and conditions prior to submittal of offer.

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EXHIBIT "A"
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Franchisee shall furnish the services in strict accordance with the specifications set forth for each item in the RFQ.

Franchisee agrees not to use the names and addresses of City of San Fernando employees for any purpose not directly related to, and necessary for providing tow services for the City.

News releases pertaining to agreements resulting from this RFQ shall not be made without written approval by the City of San Fernando City Manager.

Franchisee must be authorized to do business in California. Franchisee shall provide a copy of current business license issued by the City of San Fernando. All licenses and permits must be kept current.

This Agreement may be amended in writing by either party at any time by mutual consent.

Franchisee agrees to indemnify, defend and save harmless the City, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, material men, laborers and any other person, firms, or corporation furnishing or supplying work services materials or supplies in connection with the performance of services to the City and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged any Vendor in the performance of services to the City.

The City reserves the right to reject any and all Qualifications, to waive any informalities in any proposal, and to select the Proposal that best meets the City’s needs. Qualifications will be considered only in their entirety. Late or incomplete Qualifications will not be considered, and the City reserves the right to determine the completeness of all Qualifications. The City’s decision shall not be decided on the basis of any single factor listed above but on the basis of the City Council’s independent determination as to which proposal provides optimal combination of beneficial factors. The City reserves the right to negotiate the specific requirements and cost using the selected proposal as a basis.

Except as set forth above, responses to inquiries or comments provided by any department, employee, or City office concerning this RFQ shall not be valid, the City shall not be bound by such responses or comments. The selection process includes a review of the required forms and a facility inspection.

Submittal Contents:

A. Cover Letter
A letter of introduction signed by a business /corporate officer authorized to bind the company to all commitments made in the proposal. The letter shall confirm that the company has a full CONTRACT NO. 2359
EXHIBIT "A"
May 19, 2025 CC Regular Meeting Page 419 of 733
understanding of the conditions and requirements stated in the RFQ, and that the company will comply with the criteria identified in this RFQ in addition to demonstrating the ability to comply with all of the provisions listed under section E, titled, “Provisions.” B. Qualifications and Experience

1. List the company name and indicate if it is a Corporation, partnership or joint venture; addresses for both corporate and local officers; first and last name of officers or partners and the date the local office opened its doors for business.

2. List all business names under which you operate a towing service in California and how many years that business has operated under that name.

3. List all businesses for which you or your business manager have filed for bankruptcy protection while operating under a towing service contract.

4. Provide a list of current and previous contracts similar to the requirements for the City.

Indicate all public agency service and provide a brief description and scope of work, length of time you have been providing services and the name, title and phone number of the person who may be contacted regarding your service record.

5. Submit a description of the tow company including qualifications, experience and abilities that make it fully capable to provide services under this agreement.

C. Method of Approach

1. Describe how the company proposes to meet the requirements of this agreement including response time, business office and storage yard location, 24-hour availability and reporting requirements.

2. List names, titles, responsibilities and telephone numbers of persons to be contacted at any hour in the case of emergency.

3. Describe in detail your policies and procedures for the following:
a. Release of vehicles under this agreement.
b. Allowing access to vehicles by owners and allowing;
* The owner to cover or take other protective measures, * The owner to remove personal effects or other articles from the interior of the vehicle,
* An authorized non-owner to photograph or take note of the condition of the vehicle.

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c. Determining if the vehicle was damaged or stolen while in Franchisee’s custody and making restitution to owner if so determined.
d. Determining whether or not private property was damaged in the course of Franchisee’s duties and making restitution to the owner or restoring the property if so determined.
e. Informing a vehicle owner that a vehicle is in Franchisee’s possession and the location and condition of the vehicle.
f. Receiving and resolving complaints from the public.

4. State the methods of payment the Franchisee will accept from vehicle owners.

5. Provide a detailed description of record keeping tools and methods.

D. Facilities and Equipment

1. Provide a list and short description of all of the vehicles proposed to be used in the performance of services.

2. Describe the equipment method to be used in the dispatching of tow vehicles.

3. Provide a detailed description of the facilities including storage lots and business offices including location.

4. Provide a detailed description of facility security.

E. Provisions:

General Provisions (Sections A-Z)
A. Services to Be Performed:

The Franchisee shall furnish towing and storage services for vehicles seized, impounded or otherwise caused to be removed from the highways or from public or private property by the San Fernando Police Department (SFPD). Towing services shall include, but not be limited to, removal of wrecked vehicles and debris resulting from accidents, preliminary work necessary to towing, including removal of vehicles from ditches or separation of entangled vehicles, removal of vehicles for criminalistics and/or CONTRACT NO. 2359
EXHIBIT "A"
May 19, 2025 CC Regular Meeting Page 421 of 733
evidentiary purposes as directed by SFPD personnel, other impoundment of vehicles as directed by SFPD, and necessary services to heavy duty vehicles on the highways.

B. Conduct:

The Franchisee shall conduct business in an ethical, lawful and orderly manner so as to maintain the confidence of the community. While Franchisee is an independent contractor, each contact it has with the public may reflect upon the City. For that reason, and the inherent potential for conflict in vehicle removal and storage, Franchisee and its employees must maintain a fair, impartial, and reasonable attitude, and perform its duties in a courteous manner. Statements and actions of the Franchisee and its employees must be the result of considered judgment and absent of personal opinion or bias.

The Franchisee, when notified by the Chief of Police or his or her designee of any complaint of discourtesy by the Franchisee’s employee(s), shall investigate and respond in writing to the Chief of Police or his or her designee within ten (10) calendar days of receipt of notification of the complaint. Franchisee's response shall include the results of its investigation and, if the complaint is found to be true, what measures the Franchisee took to address said complaint and prevent future complaints on the same issue.

C. Regulation:

The Franchisee shall comply with all applicable, Federal, State and local laws, ordinances, rules and regulations, shall make all reports required by the State of California Vehicle Code, and shall follow all rules or regulations which the Police Department may prescribe governing the conduct of Franchisee's operations under the Franchise Agreement.

D. Cooperation:

Tow unit operators shall abide by the lawful decisions of all peace officers and law enforcement employees of the City of San Fernando and shall cooperate in removing and/or in impounding vehicles.

E. Supervision:

The Franchisee shall comply with all reasonable regulations imposed by the City on the Franchisee's performance pursuant to the Franchise Agreement. The Franchisee shall further make all records, equipment and storage facilities related to Franchisee's performance under the Franchise Agreement available for periodic inspection by the Chief of Police or his or her designee to determine if all are in compliance with the rules and regulations of the City.

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F. Priority and Response Time:

The Franchisee shall furnish such services as requested by the Police Department and noted in the Franchise Agreement at any time during the day or night and shall:

1. Give priority to City calls when requested;

2. Maintain sufficient personnel and equipment to provide for a maximum response time of fifteen (15) minutes, except as otherwise provided herein;

3. Notify the Police Department upon receipt of request for tow when a tow unit cannot respond immediately and give an estimated time of arrival;

4. If the Franchisee is unable to respond within the maximum response time and/or there is a potential public safety issue determined by the Police Department at the site of the incident that requires immediate removal and/or relocation of a vehicle(s), then the Franchisee’s identified subcontractor will be contacted by the Franchisee to immediately assist the Police Department and ensure the subject vehicle(s) removal and/or relocation; and

5. The Franchisee shall provide immediate response whenever requested to respond to the scene where a child is locked in a car or other emergency of such type.

G. Administration:

The Police Department shall administer the Franchise Agreement on behalf of the City and the Franchisee shall abide by the directions and decisions of Police Department personnel at the scene of a call.

H. Settlement of Disputes:

Should there be any dispute between the Franchisee and owner of the vehicle over charges made for services rendered under the Franchise Agreement, such dispute shall be decided by the Chief of Police or his or her designee and the Franchisee shall make no demands upon the owner of the vehicle for a sum in excess of the amount determined to be reasonable by the Chief of Police or his or her designee. The Chief of Police or his or her designee may hold an administrative hearing if any party to the dispute so requests.

I. City not Liable:

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Neither the City nor the Police Department shall be responsible to the Franchisee for payment of towing, removal, or storage charges. The Franchisee shall look to the owner of the vehicle for payment of applicable fees.

J. Reports to be made to the City:

The Franchisee shall provide the Police Department on the fifteenth (15th) day of each month with a written list of all vehicles removed or impounded during the past month pursuant to the Franchise Agreement. This list shall include vehicle owner's name and address (if known), vehicle make, license and motor number, and Police DR Number. The Franchisee shall also provide at the same time, a list of all vehicles currently on the Franchisee's premises that were removed from a traffic accident site handled by the Police Department. This list shall also include vehicle license number, date of storage, reason for storage, and Police DR Number, if applicable. An explanation of each tow requiring an excess of one hour shall be provided. The report shall also contain a list of the tow unit operators that were employed by the Franchisee during any period of that reporting month, the list shall contain the tow unit operator's name, operator's license number, classification, and its expiration date.

Franchisee or his/her designee shall sign the monthly report.

Franchisee shall notify the Chief of Police or his or her designee in writing of any sale or disposal of a formerly stored vehicle or vehicle part to an individual known to the Franchisee designee or his employees as a City employee.

K. Insurance and Indemnity Requirements:

1. Insurance: The Franchisee shall produce and maintain for the duration of the Franchise Agreement the insurance as required in this section. Franchisee shall not commence work under this Agreement until proof of all required insurance has been provided to and accepted by the City. The Franchisee shall file with the Chief of Police a policy or duly authorized certificate of public liability insurance insuring the City of San Fernando, its officers, agents and employees, against liability. Franchisee shall maintain limits no less than:
a. Workers' Compensation Insurance: as required by the State of California, and Franchisee's liability insurance, with limits not less than $1,000,000 each accident. The workers' compensation policy shall be endorsed to contain a waiver of subrogation in favor of the City for all work performed by the Franchisee under this Agreement.
b. Garage Liability Insurance: at least as broad as Insurance Services Office (ISO) occurrence Form CA 00 05 with Broadened Coverage - Garage Endorsement CONTRACT NO. 2359
EXHIBIT "A"
May 19, 2025 CC Regular Meeting Page 424 of 733
(CA 25 14). Such insurance shall include coverage for liability arising out of garage operations with limits not less than $1,000,000 each accident and $2,000,000 in aggregate, and automobile liability coverage for owned, hired and non-owned automobiles with limits not less than $1,000,000 each accident. The insurance shall also include Garagekeepers Liability coverage for each location the Franchisee may utilize to provide service under this contract with limits of not less than $1,000,000 per location.
c. As an alternative to the requirements in paragraph b above, Franchisee may provide a combination of Insurance Services Office (ISO) Commercial General Liability coverage (occurrence Form CG 00 01), including coverage for bodily injury, property damage, and personal and advertising injury with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations and contractual liability (including without limitations indemnity obligations under the Contract) with limits of not less than $1,000,000 per occurrence and $2,000,000 in aggregate and Insurance Services Office (ISO) Form CA 00 01 covering Automobile Liability, code 1 (any auto, owned, hired and non-owned automobiles or other licensed vehicles) with limits of $1,000,000 per accident for bodily injury and property damage. The insurance shall also include Garagekeepers Liability coverage for each location the Franchisee may utilize to provide service under this contract with limits of not less than $1,000,000 per location.
d. On Hook Physical Damage Liability Insurance with limits not less than $500,000 per vehicle.
e. Deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers or (b) the Franchisee shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. f. Other insurance provisions: The policies are to contain, or be endorsed to contain, the following provisions:

1. The Commercial General Liability policy shall be endorsed to provide that the City of San Fernando, its officers, officials, employees, and volunteers are covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Franchisee under the Franchise Agreement. Proof of this coverage must be in the form of an additional insured endorsement to the Franchisee's insurance using ISO CG 20 10 11 85 or its equivalent CONTRACT NO. 2359
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language. If coverage is provided in the form of a Garage Liability Policy, such policy shall be endorsed to include equivalent additional insured status to the City of San Fernando, its officers, officials, employees and volunteers.

2. For any claims related to this project, the Franchisee's insurance coverage shall be primary insurance as respects the City of San Fernando, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Franchisee's insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, reduced in coverage or in limits, or cancelled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of San Fernando.
g. Subcontractors: Franchisee shall include all subcontractors as insured under its policies or require and verify that all subcontractors maintain insurance meeting all the requirements of this RFQ and the Franchise Agreement. h. Verification of Coverage

1. Franchisee shall furnish the City with original certificates and endorsements, including amendatory endorsements, effecting coverage required herein. All certificates and endorsements must be received and approved by the City of San Fernando before work commences under the Franchise Agreement. The City reserves the right to require complete, certified copies of all required insurance policies and endorsements required by these specifications at any time during the term of this contract. Neither the failure of the Franchisee to supply required proof of coverage, nor the failure of the City to approve same shall alter or invalidate the provisions of this contract.

2. The Franchisee shall submit evidence of appropriate replacement or renewal coverage for all required insurance that expires or is cancelled during the term of the Contract. Such evidence shall be provided to the City no later than 15 calendar days prior to the expiration or termination of coverage. If operator fails to maintain the required insurance in full force and effect, all work under this Contract shall be discontinued immediately, and all payments due or that become due to Franchisee shall be withheld until City receives required evidence that coverage has been restored.

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i. Acceptability of Insurers: Insurance is to be places with insurers with a current A.M. Best’s rating of no less than A: VII.
j. All policies required pursuant to this section shall be submitted to the San Fernando City Attorney for approval as to form.

2. Indemnification:
a. Franchisee agrees to indemnify, defend and hold harmless the City, its elected officials, officers, agents and employees (“Indemnities”), at Franchisee's sole expense, from and against any and all loss, liability, penalties, forfeitures, claims, actions, suits or other legal proceedings of any kind asserted against the City, its elected officials, officers, agents, and employees arising out of the performance of Franchisee, its employees, representatives, agents, and sub operators under this agreement, excepting only such claims or actions which may arise out of sole or active negligence of the City, its elected officials, officers, agents and employees. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Franchisee, its employees, and/or authorized sub operators, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents, and employees based upon the work performed by the Franchisee, its employees, and/or authorized sub operators are specifically named or otherwise asserted to be liable. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Franchisee's proposal, which shall be of no force and effect.
b. The Franchisee’s obligation to defend, hold harmless, and indemnify shall not be excused because of the Franchisee’s inability to evaluate liability or because the Franchisee evaluates liability and determines that the Franchisee is not liable to the claimant. The Franchisee must respond within thirty (30) days to the tender of a claim for defense and indemnity by the City, unless this time has been extended by the City. If the Franchisee fails to accept or reject a tender of defense and indemnity within thirty (30) days, in addition to any other remedy authorized by law, so much of the money due the Franchisee by virtue of the Franchise Agreement as shall reasonably be considered necessary by the City may be retained by the City until final disposition has been made or the claim or suit for damages, or until the Franchisee accepts or rejects the tender of defense, whichever occurs first.
c. With respect to third party claims against the Franchisee, the Franchisee waives any and all rights of any type to express or implied indemnity against the Indemnities.

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d. Separate Counsel: The City may elect to have separate legal counsel from Franchisee at any time at its sole discretion, and in such case Franchisee will pay one-half (1/2) of all fees and costs and charges for such separate legal counsel. e. Subcontractors: The Franchisee shall require all subcontractors to enter into an Agreement containing the provisions set forth in Section K of this RFQ in which Agreement the subcontractor fully indemnifies the City in accordance with this RFQ and the Franchise Agreement.
f. Exception: Notwithstanding Subsections K(2)(a)-(b) above, Franchisee’s obligation to indemnify, hold harmless and defend the City, its officers and employees shall not extend to any loss, liability penalty, claim, damage, action or suit arising or resulting solely from acts or omissions constituting willful misconduct or sole negligence on the part of the City, its officers or employees. g. Damage by Franchisee: If Franchisee’s employees or subcontractors cause any injury, damage or loss to City property, including by not limited to City streets or curbs, Franchisee shall reimburse City for City’s cost of repairing such injury, damage or loss. Such reimbursement is not in derogation of any right of the City to be indemnified by Franchisee for any such injury, damage or loss. With the prior written approval of City, Franchisee may repair the damage at Franchisee’s sole cost and expense.
h. Tort Claims Act: This RFQ and the Franchise Agreement shall in no way act to abrogate or waive any immunities available to the City under the Tort Claims Act of the State of California.

L. Franchisee’s Records, ETC. Open to Inspection:

All records, equipment, and storage facilities shall be open to periodic inspection by the Police Department personnel or its designated representative. Any deficiencies shall be corrected as soon as practicable upon request of the Police Department.

M. Impound Reports:

A Franchisee tow unit operator shall sign and complete the necessary portions of the impounding employee's Impound Report. The impounding employee shall retain the original copy of the Impound Report. Franchisee shall retain a copy of the Impound Report for two years. The garage's copy of the Impound Report shall be used to record the vehicle release information in the appropriate space provided in the Impound Report.

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N. Notifications:

The Franchisee's employees while acting within the course of their employment shall cause the appropriate law enforcement agency to be notified without delay whenever they become aware of a possible crime or other activity requiring action by law enforcement personnel. The Franchisee shall notify the Police Department in writing on a weekly basis of the following:

1. All vehicles originally impounded by a public agency but that have remained in storage beyond seven calendar days.

2. All vehicles originally impounded with a criminalistics/evidentiary hold, but that have remained in storage with a hold beyond seven calendar days, Franchisee shall notify SFPD on a weekly basis of all vehicles sold during the preceding week in accordance with statutorily established lien procedures.

O. Storage:

Storage shall commence at the time the vehicle arrives at the Franchisee’s storage facility.

Charges for vehicle storage shall be based on a daily rate. The daily rate extends from midnight to midnight of the following day.

Exceptions:

1. When a release request is made within the first “hour of storage”, the storage fee shall be waived.

2. Per SB 887 (1992, Lockyer), when a release request is made within 24 hours, only one days storage shall be charged regardless of the calendar date.

3. When a release request is made between 7 p.m., and 12 a.m., (midnight), one day's storage fee shall be waived providing such release occurs within the mandatory release hours (7 a.m., to 7 p.m.,) of the following day.

P. Lien on Stored Vehicles:

The Police Department personnel who is requesting the impound shall be responsible for establishing that "probable cause" exists to impound the vehicle in question. When "probable cause" is lost prior to a vehicle being removed to a Franchisee facility, no lien shall be attached and no fee shall be charged for the field release of a vehicle to a properly interested person.

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EXHIBIT "A"
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Q. Disputes and Injuries:

The Chief of Police or his or her designee has the authority to settle all disputes arising from actions by the Franchisee. The decision of the Chief of Police or his or her designee shall be binding on all parties involved. Inquiries pertaining to the conduct, practices, and regulation of the Franchisee may be referred to the City of San Fernando Police Department, 910 First Street, San Fernando, California, 91340; (818) 898-1267.

R. City Vehicles:

The Franchisee shall provide, at no cost to the City, routine roadside service including, but not limited to, towing service, to all vehicles owned by the City of San Fernando up to and including one (I) ton rated vehicles at the request of the Chief of Police Chief or his or her designee whenever such vehicles require such service within the City of San Fernando or within fifty (50) road miles of the corporate limits of the City.

S. Traffic Accident Scene Cleanup:

At the request of the Police Department, the Franchisee shall dispatch a tow unit to the scene of a traffic accident and shall remove all glass and debris deposited upon the roadway.

T. Fax Machine:

The Franchisee shall maintain a fax machine or similar transmittal device at all times during the term of the Franchise Agreement.

U. Toxic Materials:

City will not knowingly require the Franchisee to pick up, store or dispose of any toxic or hazardous materials, except for those normal fluids associated with motor vehicles.

V. Cost to City:

Unless otherwise provided in the Franchise Agreement, any towing and storage expenses for which the City is financially responsible pursuant to the Franchise Agreement, including towing or storage of city-owned vehicles, shall be billed to the City at no more than 50% of the rate authorized by the Franchise Agreement.

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EXHIBIT "A"
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W. Collection of Fees:

The Franchisee shall collect all fees imposed by the City upon vehicles that the City causes to be towed, stored, or impounded. This money shall be paid to the City on a monthly basis.

X. Permits and Certificates:

The Franchisee shall secure and maintain any licenses, permits, or certificates required by Federal, State and local law. The Franchisee shall secure and maintain such City business license as required by San Fernando City Code. In addition, the Franchisee shall keep informed of and comply with the requirements of all Federal, State, county and municipal laws, ordinances, and regulations applicable to the work performed under the Franchise Agreement.

Y. Background Investigation and Fee Required:

Prior to the award of the Franchise Agreement, the Police Department shall conduct or have conducted a background investigation of the business, its principals, and its tow truck drivers. The cost associated with the fingerprinting process of the background investigation is the responsibility of the Franchisee. The Franchisee awarded the Franchise Agreement shall be responsible to notify the Police Department whenever a new driver is assigned to tow requests from the Police Department. All new tow drivers shall be subject to background investigation.

Z. Franchise Fees:

The Franchisee shall pay to the City on a quarterly basis the Franchise Fee authorized by City Council, pursuant to San Fernando City Code Section 90-911 and all resolutions authorized thereby. Pursuant to Resolution No. 7302, adopted by the City Council on March 30, 2009, the Franchise Fee in effect as of the date of this RFQ is $45.00 per vehicle towed.

The Franchise Fee payment of $45.00 per vehicle towed shall be paid on a quarterly basis and received no later than April 15, July I5, October 15, and January 15 of each year.

Failure to make Franchise Fee and business license tax payments may be cause for termination of the Franchise Agreement.

CONTRACT NO. 2359
EXHIBIT "A"
May 19, 2025 CC Regular Meeting Page 431 of 733
Staffing Provisions (Sections A-D):

A. Sufficient Personnel:

The Franchisee shall have sufficient personnel on duty at all times to:

1. Receive calls from the Police Department communications center;

2. Dispatch tow units;

3. Provide security at all storage sites; and,

4. Provide such services as may be required under the Franchise Agreement B. Dispatcher:

A dispatcher shall be on duty in the Franchisee’s office seven (7) days a week, twenty-four (24) hours a day, every day of the year. A dispatcher shall receive calls from Police Department and its communications center, dispatch tow units, provide security for stored vehicles, and perform such other tow related services as may be required by the Chief of Police or his or her designee. A dispatcher shall be responsible for releasing vehicles between the hours of 7 a.m. and 7 p.m., seven (7) days a week, every day of the year and may, at his or her discretion, release vehicles between the hours of 7 p.m. and 7 a.m. Any vehicle impounded in connection with a special event, as designated by the Chief of Police or his or her designee, shall be available for release for a minimum period of four (4) hours following the conclusion of the special event, regardless of the time of day the special event concludes.

A dispatcher and/or other Franchisee employees providing service to the public shall wear a nametag/badge with their name and/or have their first name conspicuously imprinted on their uniform. The Franchisee shall be responsible to provide the nametag. This is required at the time of submittal to this RFQ.

C. Timekeeping and Delays:

The Franchisee shall record the following times pertaining to law enforcement and City agency tow service request by means of a time clock:

1. The time that the request for tow service is received; CONTRACT NO. 2359
EXHIBIT "A"
May 19, 2025 CC Regular Meeting Page 432 of 733

2. Time that a tow unit is assigned the call for service and given the location of the requested service;

3. The time that a tow unit arrives at the location of requested service; and,

4. The time that a tow unit returns to Franchisee Facility with the vehicle.

The Franchisee shall ensure that a sufficient number of tow units and tow unit operators are available at all times to meet the needs of all Police Department personnel, other law enforcement agencies, and City departments that rely upon it for tow service. Within ten (10) minutes of the receipt of a request for tow service from the Police Department or its communications center, an available, unassigned tow unit and operator shall be dispatched and shall immediately proceed to the location of the requested service. The Franchisee shall advise the communications center when a tow unit cannot be dispatched within ten (10) minutes and shall give the reason why the tow unit cannot be dispatched and an estimated time of dispatch. Once dispatched, a tow unit operator shall respond to an assigned call by the most direct and expeditious route.

EXCEPTION: Orders to remove abated vehicles or vehicle parts from private property shall be executed by the ordered Franchisee within forty-eight (48) hours of receiving such notification.

D. Operators:

The Franchisee shall employ no person as a tow unit operator until he or she possesses the appropriate class of California driver’s license and medical certificate, if required, for the type of tow unit being operated. Tow unit operators shall wear a uniform approved by the Chief of Police or his or her designee whenever they are performing services in response to a call from the City of San Fernando. A nametag/badge identifying the operator by first name shall be worn on the operator's outer most shirt or jacket.

Towing Provisions (Sections A-C):

A. Place to Which Vehicles Shall be Towed:

Any vehicle towed pursuant to the Franchise Agreement shall be taken to such place as the owner or driver of the vehicle directs. When impounded by the Police Department it shall be taken to the storage lot designated by the Police Department. If neither the owner nor the driver nor the Police Department specifies a destination, is unable to do so, or is not at the scene of removal, the Franchisee shall tow the vehicle to Franchisee's Primary Storage Facility. In no case CONTRACT NO. 2359
EXHIBIT "A"
May 19, 2025 CC Regular Meeting Page 433 of 733
shall Franchisee use coercion or pressure of any kind upon the owner or driver of a vehicle to have the vehicle towed to Franchisee's own storage yard or garage.

B. Evidence to be Safeguarded:

The Franchisee shall take all reasonable precautions required by the Police Department to avoid damage to any evidence or impounded vehicles such as fingerprints or stains. Vehicles taken into custody that involve such evidence shall be stored in the Investigative Hold Area, as defined hereinafter, and shall be secured from access by unauthorized persons. Vehicles stored for prints shall be protected from dust and dirt or deterioration of evidence by the sun or other elements.

C. Removal Charges:

Vehicles shall be taken to any place the owner or driver of the vehicle directs, within ten road miles of the location of the vehicle, with the fee for such to be established in conjunction with the posted towing rates of the Franchisee. Charges for towing beyond ten miles shall be based on an hourly rate for time actually consumed. Removal charges commence at the time a tow unit actually proceeds to a call for service and terminate at the time the tow unit returns to the Primary Storage Facility. The first hour or fraction thereof shall be at the rate specified by the Chief of Police or his or her designee and at half of that hourly rate for each additional half hour or fraction thereof over the first hour.

Storage Provisions (Sections A-K):

The Franchisee shall provide a total storage capability of not less than 65 vehicles including five (5) vehicles within an enclosed investigative hold area. Based on future needs of the SFPD, the Franchisee shall ensure that they are able to expand total storage capability to 85 vehicles including the five (5) vehicles within an enclosed investigative hold area. The increased vehicle storage capacity can be addressed entirely on a Primary Storage Lot or through the use of Primary Storage Lot and a Secondary Storage Lot. This is required at the time of submittal to this RFQ.

A. Primary Storage Lot:

The Franchisee shall at all times provide and maintain a Primary Storage Facility with a minimum storage capacity of 65 vehicles including an investigative hold area for five (5) vehicles dedicated to the storage of vehicles from the Police Department pursuant to the Franchise Agreement. The Primary Storage Facility shall be no more than ten (10) miles CONTRACT NO. 2359
EXHIBIT "A"
May 19, 2025 CC Regular Meeting Page 434 of 733
from the San Fernando Police Department’s office building. This required at the time of submittal to this RFQ.

The storage lot, or Primary Storage Facility if more than one such lot is maintained, shall be:

1. Immediately adjacent to or contain office facilities.

2. Adequate in size to accommodate all:
a. "Hold" vehicles;
b. Late model vehicles;
c. Specially equipped vehicles; and
d. Vehicles to be released immediately to owners.

3. Entirely surfaced with either concrete or asphalt material.

4. Free of holes or areas that are decomposed or broken.

5. Clean and free of litter, debris, or weeds.

6. Include on-site lighting that provides easy visibility to all areas of the lot while eliminating spill over onto neighboring properties.

7. Sized and dimensioned to afford safe access to all vehicles.

B. Investigative Hold Area and Vehicles:

The Franchisee shall maintain an area at its Primary Storage Facility for vehicles held for criminalistics and/or evidentiary examinations, which has a minimum vehicle storage capacity of five (5) vehicles. This is required at the time of submittal of this RFQ. This Investigation Hold Area shall:

1. Have a fully enclosed structure and be capable of providing protection from the natural elements.

2. Be fenced and gated (so as to prohibit entry by unauthorized persons as prescribed by the Chief of Police or his or her designee) with remote access controlled by the Franchisee dispatcher.

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EXHIBIT "A"
May 19, 2025 CC Regular Meeting Page 435 of 733

3. All entries shall be documented to identify the vehicle seen, the person entering, and the date and time the person entered the Investigative Hold Area.

4. The Investigative Hold Area's storage capacity shall be capable of holding ten (10) vehicles at any one time.

5. The only persons authorized to enter an Investigative Hold Area are the Franchisee employees and concerned law enforcement employees.

6. Garage employees shall not remove property from vehicles being held for criminalistics and/or evidentiary purposes.

7. Vehicles stored in an Investigative Hold Area shall not be removed from the area until authorized by the responsible Police Department personnel/investigator.

8. Once an investigative hold has been released on a vehicle it shall be immediately removed from the Investigative Hold Area.

9. The date and time of removal and the removing employee's identity shall be recorded on the Franchisee records.

Garage employees may remove unattached personal property for safekeeping when a vehicle is being held exclusively for statutory hold. Any statutorily held vehicle shall not be available for release until authorized by the concerned governmental agency employee or the Area Vehicle Coordinator.

C. Secondary Storage Lots:

All Secondary Storage Facilities proposed by the Franchisee shall be inspected and approved by the Chief of Police or his or her designee prior to use. A Secondary Storage Facility is a designated location used by the Franchisee as a yard or lot for the temporary storage of impounded vehicles. All Secondary Storage Facilities shall be within ten (10) miles of Franchisee's Primary Storage Facility. All Secondary Storage Facilities must be fenced for maximum security and lighted during the hours of darkness to afford illumination of all stored vehicles. Secondary Storage Facilities shall only be used to store vehicles with appraised values under one thousand dollars ($1000.00). A Secondary Storage Facility may be used for emergency temporary storage of vehicles with appraised values over one thousand dollars ($1000.00) with the prior written approval of the Chief of Police or his or her designee, but in CONTRACT NO. 2359
EXHIBIT "A"
May 19, 2025 CC Regular Meeting Page 436 of 733
such cases, an attendant must be on duty at the facility for security. The location where vehicles are stored within a Secondary Storage Facility shall be accurately recorded on the garage's impound records. This is required at the time of submittal of this RFQ.

D. Storage of Vehicles:

All vehicles towed or stored by the Franchisee under the Franchise Agreement shall be kept within the Primary or Secondary Storage Lot when under direct supervision. At no time shall such vehicles be parked or stored or left standing on any public street or alley. Undamaged vehicles shall be segregated from wrecked or junk vehicles and shall be kept in the primary lot. All vehicles shall be systematically parked and sufficiently separated to preclude the probability of damage. Unobstructed access shall be provided to all stored vehicles. Vehicles shall be parked and separated to preclude the possibility of damage. Security provisions shall be implemented at all Secondary Storage Facilities to prevent the loss or theft of personal property or vehicle parts. Secondary Storage Facilities shall provide safe access to all stored vehicles and shall be kept clean and free of litter, debris, and weeds. Lighting of such lots shall be adequate to ensure required security of stored vehicles and eliminate light spill over onto neighboring properties. The Franchisee shall provide security to all primary and secondary storage facilities sufficient to reasonably preclude theft or damage to stored vehicles and as hereinafter provided.

E. Enclosure of Storage Areas:

Unless otherwise provided by applicable city regulations, all outdoor areas used for storage shall be enclosed with a solid wall, chain link or wrought iron style fence at least six (6) feet in height, having a gate or door of adequate width and equivalent height. The fence shall be covered from public view. The bottom edge of any such fence or wall, including all gates or doors, shall be maintained in such a manner as to prevent unauthorized entry. All wall or fence enclosures shall be maintained in good condition throughout the term of the Franchise Agreement; any damage shall be repaired promptly within twenty-four (24) hours of notice of such damage. This is required at the time of submittal to this RFQ.

F. Office:

The office space at the Primary and Secondary Storage Facilities shall be neat in appearance, clean and painted. A waiting area shall be provided for customers with adequate restroom and other facilities for the customers' comfort. This is required at the time of submittal to this RFQ.

G. Responsibility for Vehicle, Accessories, and Personal Property:

CONTRACT NO. 2359
EXHIBIT "A"
May 19, 2025 CC Regular Meeting Page 437 of 733
The Franchisee shall be responsible for vehicles and accessories while in Franchisee’s possession. The Franchisee shall also be responsible for personal property left in the vehicle at the time possession of that vehicle is taken. All property left in a vehicle should be listed on the California Highway Patrol 180 form. No articles shall be removed without first obtaining written authorization from a Police Department officer. Any articles removed for any reason shall be noted by the authorizing Police Department officer. The Franchisee shall maintain a record of the identity of all persons who have entered a stored vehicle for the purpose of accessing unattached personal property. The record shall also include the date of entry and a description of any property removed. Unattached personal property may be removed for safekeeping by garage employees, but only from available for release and statutorily held vehicles. When the Franchisee’s personnel removes unattached personal property for safekeeping from a vehicle, the following shall occur:

1. Record a description of the removed property on the corresponding copy of a garage impound report.

2. Implement controls to inform Franchisee’s office personnel responding to public inquiries that personal property has been removed from a vehicle.

3. Cause the property to be individually packaged and identified.

4. Provide a secure location for the storage of the property to preclude loss, theft or damage.

5. Inform properly interested persons that property has been removed and how they may obtain possession of that property.

H. Protection and Handling of Vehicles:

It is the responsibility of the Franchisee to protect all vehicles, vehicle parts and/or attached accessories impounded by peace officers or City law enforcement personnel until such time the vehicles have either been released to properly interested persons or have been disposed of through legal process.

Vehicle parts and/or attached accessories shall not be removed from an impounded vehicle with a criminalistics/evidentiary hold on the vehicle without the prior approval of the concerned law enforcement personnel. The Franchisee’s garage employees from other impounded vehicles may remove vehicle parts and/or attached accessories for safekeeping.

When the Franchisee’s employee removes vehicle parts and/or attached accessories for safekeeping from a vehicle it shall:

1. Record a description of the removed vehicle parts and/or attached accessories on the corresponding copy of the garage impound report.

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EXHIBIT "A"
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2. Implement controls to inform the Franchisee’s office personnel responding to public inquiries that vehicle parts and/or attached accessories have been removed from a vehicle.

3. Cause the vehicle parts and/or attached accessories to be individually packaged and identified.

4. Provide a secure location for the storage of the vehicle parts and/or attached accessories to preclude loss, theft or damage.

5. lnform properly interested persons that parts and/or attached accessories have been removed and how they may obtain possession of that property.

The release of impounded vehicles that are available for release shall be the responsibility of the Franchisee. Criminalistics/evidentiary or statutorily held vehicles shall not be available for release until Police Department personnel has given written authorization to the Franchisee.

The Franchisee, at its Primary Storage Facility, shall prepare, maintain, and post in a conspicuous place, clearly visible to the public, a notice outlining procedures and the required documentation necessary for properly interested persons to obtain possession or remove unattached personal property from a stored vehicle and/or to view or photograph a stored vehicle within twenty-four (24) hours of making such a request.

Vehicle inventories, when conducted by Franchisee employees, shall only be conducted within the confines of a storage facility and in the presence of a witnessing employee.

I. Release of Vehicles:

A Franchisee dispatcher shall be responsible for releasing vehicles between the hours of 7 a.m. and 7 p.m., seven (7) days a week, every day of the year and may, at his or her discretion, release vehicles between the hours of 7 p.m. and 7 a.m. Any vehicle impounded in connection with a special event, as designated by the Chief of Police or his or her designee, shall be available for release for a minimum period of four (4) hours following the conclusion of the special event. For the purposes of this provision, "special event" shall include DUI checkpoints, parades, et cetera.

J. Regulation:

The Franchisee shall comply with all Federal, State and local laws, ordinances, rules and regulations and shall make all reports required by the State of California Vehicle Code and shall follow all reasonable rules or regulations that the SFPD may, from time to time, prescribe governing the conduct of the Franchisee's operations under the Franchise Agreement.

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EXHIBIT "A"
May 19, 2025 CC Regular Meeting Page 439 of 733
K. Authorized Rates and Charges:

The Franchisee may submit to the Chief of Police a written request for a change of rates. All requests for rate adjustment shall set forth the Franchisee’s current rate charges and the proposed charges. Verifiable profit or loss information may be required prior to any rate adjustment. Rates and charges shall not exceed those established by the City of Los Angeles Police Commission for its Official Police Tow Garages as such rates shall from time to time be amended and or what is allowed by State law. If the City of San Fernando, in its sole discretion, decides to amend the rates for towing and storage of vehicles to a different rate schedule than the one employed by the City of Los Angeles, it shall give the Franchisee written notice of its intention to adopt an amended schedule and negotiate with the Franchisee for a period of no less than 60 days before a new schedule is enacted.

Except as provided by the approved rate schedule, no additional charges shall be made for special equipment or service necessary to prepare vehicles for removal.

All bills shall be itemized.

Vehicle and Equipment Provisions (Sections A-D):

A. Tow Units Radio Equipment:

The Franchisee may equip tow units and facilities with radio equipment capable of receiving police calls, police frequency and/or local government frequencies. On those trucks that primarily operate after normal business hours, the Franchisee may also have transmitting capabilities on local government frequencies for emergency contact with the Police Department communications center, if approved by the COP or his or her designee.

B. Dispatcher’s Office Radio Communications:

The Franchisee dispatcher's office shall be equipped to receive police radio calls. Priority shall be given to calls from the Police Department or its communications center. In the event that multiple agency requests for services are received at the same proximate time, the Franchisee dispatcher shall assign response priority to the request of the most urgent nature based upon information the dispatcher has received from the agencies. The Franchisee tow units may be equipped to monitor police radio calls while acting within the course and scope of their designated responsibilities after obtaining a permit from the Chief of Police or his or her designee.

1. Tow Trucks.

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EXHIBIT "A"
May 19, 2025 CC Regular Meeting Page 440 of 733
a. The Franchisee shall have a minimum of two (2) tow trucks with a minimum 19,500 Gross Vehicle Weight (GVW) manufacturer rating with a minimum wheel lift capacity rated at a minimum 4,000 pounds. The main winch(es) shall be either mechanically or hydraulically driven and shall have a single or combined capacity of at least four (4) tons at bard drum or one (1) wrap of cable with a minimum of one hundred feet (100') of cable.

Each such tow truck shall be equipped with a snatch block, dollies, one (1) ton floor jack and J/T hook chain assemblies.

The Franchisee shall have and maintain a minimum of two (2) 19,500 – 26,000 GVW manufacturer rated car carrier. The main winch(es) shall be either mechanically or hydraulically driven and shall have a single or combined capacity of at least four (4) tons at bare drum or one (1) wrap of cable with a minimum of fifty feet (50') of cable.
b. Official heavy-duty tow units will be requested by the Police Department or its communication center when the vehicle to be towed possesses one or more of the following: three or more axles; a gross weight, laden or un-laden, in excess of 10,000 pounds; or a combination of commercial trailers. The Franchisee may subcontract for heavy-duty tow services. The subcontractor shall meet the standards set forth in the Franchise Agreement. c. All trucks used in performing towing services under the Franchise Agreement shall conform to all requirements of the State of California Vehicle Code and shall comply with the following:
1) Truck bodies shall be painted and kept clean and in good repair, free of dents;
2) The cab interior shall be kept clean;
3) The tow truck bed shall be kept clean and equipment shall be properly mounted and maintained;
4) Tail lamps, stop lamps and turn signal lamps with electrical extension cord shall be operable and shall be used on all towed vehicles; and, 5) Each tow vehicle shall carry the following equipment:
(a) State approved air tank or air transfer system
(b) Flashlight or portable light
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EXHIBIT "A"
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(c) Floor jack - 1-ton minimum capacity
(d) Gasoline container – 2 ½ gallon minimum capacity
(e) Lug wrench – 4-way and wrench for foreign cars
(f) Water container – 3-gallon minimum capacity
(g) Battery booster and cables
(h) Axe
(i) Sledge
(j) Flares
(k) Bolt cutters
(I) Pry bar
(m) 25 foot recovery chain
(n) Trash can and absorbent.

This section, Vehicle & Equipment Provisions A-D, are required at the time of submittal to this RFQ.

C. Tow Truck Parking:

The Franchisee shall at all times provide sufficient off-street parking spaces for the parking and storage of vehicles and other equipment used in the performance of the Franchise Agreement.

D. TOW UNIT MARKINGS:

Each tow unit shall be marked as required by California Vehicle Section 27907. Lettering shall be at least two and one-half (2 ½) inches, but not in excess of four (4) inches in height.

Tow units may be marked with an official seal of the City of San Fernando in a conspicuous place as reviewed and approved by the Chief of Police or his or her designee.

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May 19, 2025 CC Regular Meeting Page 442 of 733
Inquiries:

Specific questions shall be requested in writing and responses will be formulated and forwarded to all prospective vendors via email by the stated dates in the RFQ schedule. No phone questions will be accepted. All written questions regarding this RFQ should be directed to:

Cmdr CJ Chiasson, San Fernando Police Department
910 First Street
San Fernando CA 91340
[email protected]
Evaluation of Qualifications:

Each proposal must provide detailed information sufficient to evaluate the Franchisee’s capability regarding each of the following factors:

1. The ability, capacity, experience and skill to perform under the Franchise Agreement and to competently perform all of the services and tasks contemplated thereunder.

2. The physical facilities to perform under the terms and conditions of the Franchise Agreement and provide the service within the time specified without delay or interference.

3. The character and integrity of the proposer and its principals, including but not limited to any history of complaints of poor customer service, unethical or predatory business practices, discourteous service or criminal conduct.

4. The proposer's record of performance on current and previous contracts or services with the City, other municipalities, and/or public agencies.

5. Qualifications, resumes and references for similar work completed within five (5) years.

6. Knowledge of City codes and procedures.

7. The previous and existing compliance by the proposer with laws and ordinances relating to the towing and storage of vehicles.

8. The financial strength of the proposer to provide the level and scale of service called for under this RFQ, including written proof in the form of proposer’s financial records that show to the satisfaction of the City that the proposer's has the financial resources and ability to perform the Franchise Agreement and provide the services requested.

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9. Ability of the proposer to meet the City's requirements under this RFQ and the Franchise Agreement.

10. The quality, availability and adaptability of the proposer’s physical facilities, staff, and equipment.

11. The degree to which the proposer’s proposal deviates from or is otherwise unable to comply with the baseline requirements and conditions set forth under this RFQ.

12. Projected response time to calls for service.

13. The proposer’s impound policies and practices and impound rates and the strategies the proposer proposes to put in place to facilitate the speedy and cost-effective return of vehicles to persons whose cars have been impounded so as to minimize the accrual of costly impound fees.

14. The proposer’s proposed policies for training its tow truck drivers and impound yard personnel to provide courteous, honest and ethical services to persons whose cars have been impounded.

Bid Rejection:

All SOQs will be reviewed to determine conformance with the RFQ requirements. Any SOQ that the City deems incomplete, conditional, or non-responsive to the RFQ requirements may be rejected. The City reserves the right to reject any and all SOQs.

Screening, Selection and Award:

The screening and selection process shall be as follows:

1. Sealed SOQs will be opened and evaluated to determine compliance with Section 4, Required Qualifications of Consultant. SOQs meeting specified requirements will be considered responsive and will be included in the next phase of review.

Responsive SOQs will be evaluated by a panel of City staff members. Qualifications will be evaluated based on whether they meet the required qualifications or exceed them.

Qualification points will be assigned as follows: 0 for not meeting qualifications, 1 for meeting qualifications, and 2 for exceeding qualifications. Following this review, city staff will conduct on-site visits to the prospective tow yard and office locations.

The City reserves the right to withdraw this RFQ at any time without prior notice. Further, the City reserves the right to modify the RFQ schedule described below. The City also makes no representations that any contract will be awarded to any firm responding to this RFQ. The City expressly reserves the right to reject any and all SOQs without indicating any reasons for such rejection(s), to waive any irregularity or informality in any SOQ or in the RFQ procedure CONTRACT NO. 2359
EXHIBIT "A"
May 19, 2025 CC Regular Meeting Page 444 of 733
and to be the sole judge of responsiveness to this RFQ.

Evaluation Criteria:

After review for compliance with required qualifications, the City will evaluate SOQs based on the following criteria.

General Quality and Responsiveness of the SOQ
 Presentation, completeness, and thoroughness of the SOQ;  Responsiveness to the terms, conditions, and items of performance; and  Grasp of the scope and services to be performed
Qualifications and Experience of Firm and Key Personnel  Qualification and experience of key personnel;
 Experience and past performance for similar scope and services; and  Verification of references
Fee Proposal
 Each firm should provide a schedule of fees for related services for each of the next five years.

Tentative Schedule:

The City reserves the right to make changes to the below schedule, but plans to adhere to the implementation of this RFQ process as follows:

Date Activity
Thursday, January 30, 2025 Issue Request for Qualifications Friday, February 28, 2025 SOQs Due to the City
Monday, April 7, 2025 City Council Consideration of Contract Award Attachments:

1. SFPD Tow Listing Application

2. Civil Litigation History

3. False Claims Act Certification Form
CONTRACT NO. 2359
EXHIBIT "A"
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ATTACHMENT 1

SFPD TOW LISTING APPLICATION

BUSINESS

1. BUSINESS NAME AND MAILING ADDRESS TELEPHONE NUMBER(S)

2. DAY

3. NIGHT

4. BUSINESS ADDRESS IF DIFFERENT THAN ABOVE 5. AUTOMOBILE CLUB AFFILIATIONS

6. DO YOU HAVE 24 HOURS A DAY SERVICE?  YES  NO

7. YEARS IN THE TOWING BUSINESS

8. HAVE YOU OR ANYONE FIANCIALLY INVOLVED WITH YOUR COMPANY EVER BEEN CONVITED OF A FELONY

INVOLVING STOLEN OR EMBEZZLED VEHICLES, STOLEN PROPERTY, FRAUD RELATED TO THE TOWING BUSINESS, OR MORAL TURPITUDE? IF YES, PLEASE ATTACH A WRITTEN EXPLANATION  YES  NO

VEHICLE STORAGE

9. PRIMARY STORAGE YARD (COMPLETE ADDRESS)  OWNED
 LEASED
 RENTED

DISTANCE FROM

SAN FERNANDO
MILES

10. SECONDARY STORAGE YARD (COMPLETE ADDRESS)  OWNED
 LEASED
 RENTED

DISTANCE FROM

SAN FERNANDO
MILES

11. IS STORAGE YARD FENCED (6’), LIGHTED?

 YES  NO

12. IS DISPATCHER ON DUTY 24 HOURS/DAY, SEVEN DAYS/WEEK, 365 DAYS/YEAR?  YES  NO

13. IS THERE A SECURE INVESTIGATIVE HOLD AREA?

 YES  NO

FINANCIAL INTERST

14. LEGAL OWNER (PERSON(S), FIRM, COMPANY, ASSOCIATION OR CORPORATION)

15. DO YOU HAVE FINANCIAL INTEREST IN ANY OTHER TOW COMPANY WITHIN SAN FERNANDO?  YES  NO

16. DOES ANY MEMBER OF YOUR FAMILY OPERATE ANOTHER TOW SERVICE IN SAN FERNANDO?  YES  NO

17. DO YOU SHARE ANY FACILITIES WITH ANY OTHER LICENSED TOW COMPANY?  YES  NO

18. IF THE ANSWER TO ANY OF THE ABOVE IS YES, PROVIDE NAME OF THE TOW COMPANY

TOW TRUCKS
 CLASS A (14,000 – 19,500 GVWR)
 CLASS C (33,001 – 50,000 GVWR)
 CLASS B (19,501 – 33,000 GVWR)
 CLASS D (OVER 50,001)

19. IS AT LEAST ONE CLASS A TRUCK, EITHER A WHEEL LIFT OR A CAR CARRIER?  YES  NO

SIGNATURE PRINT OR TYPE NAME AND TITLE DATE
11/26/2024
CONTRACT NO. 2359
EXHIBIT "A"
May 19, 2025 CC Regular Meeting Page 446 of 733
ATTACHMENT 2

CIVIL LIGITATION HISTORY/CIVIL LITIGATION CERTIFICATION FORM

CITY OF SAN FERNANDO

CITY HALL
117 MACNEIL STREET
SAN FERNANDO, CALIFORNIA 91340

CIVIL LITIGATION HISTORY/ CIVIL LITIGATION CERTIFICATION (TOWING AND VEHICLE STORAGE SERVICES RFP)
Proposer shall provide either the certification requested below or information requested on the next page.

Failure to provide such certification or information may result in a determination that the Proposer is nonresponsive. Failure to fully and accurately provide the requested certification or information may result in a determination that the Proposer is not responsible and City may reject the proposal on this basis as well.

For the five (5) years preceding the date of submittal of this Proposal, identify any civil litigation arising out of the performance of a procurement contract within the State of California in which any of the following was a named plaintiff or defendant in a lawsuit brought by or against the entity soliciting Proposals: the Proposer submitting the instant Proposal, including any person who is an officer of, or in a managing position with, or has an ownership interest in the entity submitting the Proposal. Do not include litigation which is limited solely to enforcement of mechanics' liens or stop notices. Provide on the following page labeled “Civil Litigation History Information:” (i) the name and court case identification number of each case, (ii) the jurisdiction in which it was filed, and (iii) the outcome of the litigation, e.g., whether the case is pending, a judgment was entered, a settlement was reached, or the case was dismissed.

CIVIL LITIGATION CERTIFICATION
If the Proposer has no civil litigation history to report as described above, complete the following:

I, , am the
(Print name of person responsible for submitting Proposal) (Title with Proposing Entity) of (hereinafter,
“Proposer”) (Print Name of Proposing Entity)
In submitting a Proposal to the City of San Fernando for As-Needed Engineering Proposer Services, I, hereby certify that neither Proposer nor any person who is an officer of, in a managing position with, or has an ownership interest in Proposer has been involved in civil litigation as described, above.

I declare under penalty of perjury that the foregoing is true and correct.

Executed this day of at
(month and year) (city and state)
by
(Signature of Person Responsible for Submitting Proposal on behalf of Proposer) CONTRACT NO. 2359
EXHIBIT "A"
May 19, 2025 CC Regular Meeting Page 447 of 733

CIVIL LITIGATION HISTORY INFORMATION
(1) Name of Case:

Court Case Identification Number:
(2) Jurisdiction in which case was filed:
(3) Outcome of the case:
(1) Name of Case:

Court Case Identification Number:
(2) Jurisdiction in which case was filed:
(3) Outcome of the case:

DECLARATION
I, , the
(Print name of person responsible for submitting proposal) (Title with proposing entity)
of (hereinafter, “Proposer”)
(Print Name of Proposing Entity)
Declare under penalty of perjury that the above information is true and correct.

Executed this day of at
(month and year) (city and state)
by:
(Signature of Person Responsible for Submitting Proposal on behalf of Proposer)

END OF DOCUMENT
CONTRACT NO. 2359
EXHIBIT "A"
May 19, 2025 CC Regular Meeting Page 448 of 733
ATTACHMENT 3

FALSE CLAIMS/FALSE CLAIMS ACT CERTIFICATION FORM

CITY OF SAN FERNANDO

CITY HALL
117 MACNEIL STREET
SAN FERNANDO, CALIFORNIA 91340

FALSE CLAIMS/FALSE CLAIMS ACT CERTIFICATION
(TOWING AND VEHICLE STORAGE SERVICES RFP)
Proposer shall provide either the certification requested below or the information requested on the next page. Failure to certify or provide the requested information may result in a determination that the Proposer is non-responsive and City may reject the proposal on this basis. Failure to fully and accurately provide the requested certification or information may result in a determination that the Proposer is not responsible and City may reject the proposal on this basis as well. “False Claims Act”, as used herein, is defined as either or both the Federal False Claims Act, 31 U.S.C. Sections 3729 et seq., and the California False Claims Act, Government Code Sections 12650 et seq.

FALSE CLAIMS ACT CERTIFICATION
If the Proposer has no False Claims Act violations as described above, complete the following:

I, , am the _
(Print name of person responsible for submitting proposal) (Title with proposing entity) of _
(hereinafter, “Proposer”).
(Print Name of Proposing Entity)
In submitting a proposal to the City of San Fernando, I, hereby certify that neither Proposer nor any person who is an officer of, in a managing position with, or has an ownership interest in Proposer has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act as defined above.

I declare under penalty of perjury that the foregoing is true and correct.

Executed this day of at
(month and year) (city and state)
By
(Signature of Person Responsible for Submitting Proposal on behalf of Proposer) CONTRACT NO. 2359
EXHIBIT "A"
May 19, 2025 CC Regular Meeting Page 449 of 733

FALSE CLAIMS ACT VIOLATIONS INFORMATION
(1) Date of Determination of Violation:
(2) Identity of tribunal or court and case name or number, if any:
(3) Government Contract or project involved:
(4) Government agency involved:
(5) Amount of fine imposed:
(6) Exculpatory Information:

DECLARATION
I, , the
(Print name of person responsible for submitting proposal) (Title with proposing entity) of (hereinafter, “Proposer”)
(Print Name of Proposing Entity)
Declare under penalty of perjury that the above information is true and correct.

Executed this day of at
(month and year) (city and state)
By:
(Signature of Person Responsible for Submitting Proposal on behalf of Proposer)

END OF DOCUMENT
CONTRACT NO. 2359
EXHIBIT "A"
May 19, 2025 CC Regular Meeting Page 450 of 733
February 28, 2025
City of San Fernando
Office of Administration - City Clerk
117 Macneil Street
San Fernando, California 91340
For seventy-nine years, Black and White Tow has been a trusted partner to the residents and law enforcement agencies of the San Fernando Valley, delivering consistent, highquality towing services. Our deep community roots and extensive experience uniquely position us to continue serving as the City of San Fernando's Official Police Garage (OPG).

I am the President of the Official Police Garage Association of Los Angeles, a nonprofit trade association dedicated to representing and advocating for the 17 Official Police Garage (OPG) locations that serve the City of Los Angeles. These OPGs operate under contract with the Los Angeles Police Department, ensuring the safe, secure, and efficient vehicle towing, storage, and release in compliance with city regulations and public safety priorities. The association upholds the highest industry standards, fosters collaboration between law enforcement and the towing industry, and supports policies that enhance operational efficiency, consumer protection, and fair business practices within the OPG system.

The attached submission responds comprehensively to the City's Request for Qualifications (RFQ), outlining our Business Plan, Experience, Personnel Standards, Hiring & Training Programs, and our track record of Regulatory and Contract Compliance. We fully understand the conditions and requirements stated in the RFQ and are fully prepared to meet or exceed all criteria specified. Specifically, we provide detailed information demonstrating our ability to comply with all provisions outlined in Section E, titled "Provisions."
As a family-owned and operated business, we take great pride in our longstanding relationship with the City of San Fernando. Our exceptional service record reflects our commitment to safety, efficiency, and professionalism. Over the decades, we have earned the trust of both city leadership and community members, reinforcing our reputation as a reliable and community-focused towing provider.

The following pages demonstrate our unwavering commitment to quality, efficiency, and responsiveness while providing detailed insight into our General Manager's background and experience. Our RFQ response includes a comprehensive overview of our qualifications, covering:
10857 San Fernando Road, Pacoima, CA 91331
Phone: (818) 896-9511 Fax: (818) 896-1031
CONTRACT NO. 2359
EXHIBIT "B"
May 19, 2025 CC Regular Meeting Page 451 of 733
• Our company's background and experience
• The structure of our organization
• Our General Manager's credentials and expertise
• Contact information
• Five references for similar contracts completed within the past five years, with a particular focus on those in San Fernando and it_s surrounding areas • A list of public agencies that have engaged Black and White Towing for similar services over the past five years
• Our approach to the scope of work and our ability to successfully perform the requested services as outlined in the RFQ
Our ability to successfully manage the City's towing needs is evidenced by our zero complaints record, as well as the positive feedback we regularly receive from both the San Fernando Police Department and members of the community.

We recognize that effective public service extends beyond towing and storage-it requires clear communication, cultural awareness, and a dedication to customer service.

To best serve the diverse population of San Fernando, our drivers are bilingual, ensuring that every interaction-whether with residents, law enforcement, or city staff-is handled with professionalism, respect, and clarity. We understand that every interaction extends the City's service to its residents, and we take that responsibility seriously.

Our continued success is built on our experienced leadership, well-trained personnel, and an ongoing commitment to operational excellence. The following sections of our submission provide a detailed breakdown of our capabilities, expertise, and qualifications in key areas, including:
• Towing Operations & Response Times
• Vehicle Storage & Security
• Management of Investigative Holds
• Lien Sales Processing & Compliance
• Experienced Key Personnel & Leadership
Continuing to serve the City of San Fernando in this critical role would be art honor. We appreciate your taking the time to review our proposal and welcome the opportunity to discuss any further aspects of our submission. Should you require additional information or have any questions, please feel free to contact me directly at (818) 581-1179.

We look forward to the opportunity to continue our partnership with the City of San Fernando and remain committed to delivering the highest standard of service.

President/CEO
Black and White Tow
2 CONTRACT NO. 2359
EXHIBIT "B"
May 19, 2025 CC Regular Meeting Page 452 of 733
Contents
Contents
Executive Summary
Method of Approach
Public Access and Information
Methods Of Payment
Record-Keeping Tools And Methods
Vehicles Proposed To Be Used In The Performance Of Services Current operating equipment
Dispatching Of Tow Vehicles
Facility Security
Uniform and Professional Appearance
Customer Service
Qualifications of Key Persons
Statement of Qualifications
List of References
List of contracts with other local agencies (including City of San F emando) Rate Schedule for the Five Years
List of outside funding sources obtained
Subcontractor
Personnel Hiring Standards And Practices
Conclusion
Insurance Certificate
Attachments
3 3
4 5
11 13
13 13
14 15
18 20
20 21
23 23
24 24
25 25
26 30
32 34
CONTRACT NO. 2359
EXHIBIT "B"
May 19, 2025 CC Regular Meeting Page 453 of 733
Executive Summary
History and Experience: About Black & White Towing
At Black & White Towing, we are proud to call the San Fernando Valley home, and we are deeply committed to giving back to the community that has supported us for generations. As a small, family-owned business, we have been serving the San Fernando Valley for over 79 years, building a legacy ofreliability, integrity, and service. Our success wouldn't be possible without our dedicated team-our extended family of loyal, hardworking, and diverse employees-who embody our values and help us continue serving our community daily.

We have proudly served as an Official Police Garage (OPG) for the City of San Fernando since 1996 and have provided towing services for the City for over five decades. Our commitment to excellence and service to the community dates back even further-we have operated from our facility at 10857 San Fernando Road in Pacoima since 1946, making us a trusted and longstanding presence in the region.

We respond promptly and with priority to all towing service requests initiated by the City of San Fernando, ensuring reliable and efficient support when it matters most. Available 24 hours a day, 365 days a year, our commitment to service never wavers. As an Official Police Garage (OPG), our extensive experience and exclusive focus on law enforcementbased towing have given us a deep understanding of our Municipality agency partners' unique needs and expectations. This expertise allows us to operate with the highest professionalism, safety, and responsiveness standards in every situation.

Experience, Credentials, and Service Capabilities
The following information outlines the expertise and qualifications of the personnel assigned to the City of San Fernando and Black & White Tow's approach and ability to perform the requested services effectively.

I, Robert Ordelheide, President of Black and White Towing, located at 10857 San Fernando Road, Pacoima, CA 91331 Phone: (818) 581-1179, is authorized and will execute the agreement and will represent our company with the City concerning this RFQ and any subsequently awarded contract. [email protected].

Our General Manager is Neyda Campos, who will work at 10857 San Fernando Road, Pacoima, CA 91331. Phone: (818) 896-9511, Fax: 818-896-1031. Her email is nevda [email protected].

Black and White Towing's legal business status is that o,f a Sub-S Corporation in California, with the address, phone number, and fax numbers appearing on this letterhead. Our Corporation's name is Black & White Garage, Inc., and our number is 4 CONTRACT NO. 2359
EXHIBIT "B"
May 19, 2025 CC Regular Meeting Page 454 of 733
C0364979. Robert Ordelheide is the 100% shareholder. The company operates to the public as Black & White Tow, Inc. The email to be used for this proposal is [email protected].

We have never filed for bankruptcy protection while operating under a towing service contract.

In addition to holding two current contracts with the City of Los Angeles (Contract No.

C-127403 and C-139622) for Standard-Duty and Medium-Duty Towing and Storage Services in the Los Angeles Police Department's Service Areas of Foothill Division-16, Mission Division-19 and North Hollywood Division-IS, we also maintain towing contracts with the City of San Fernando (Contract No. 1937(a) and the Los Angeles County Sheriffs Department.

As designated Official Police Garages (OPGs) throughout the City of Los Angeles, we are entrusted with all towing service requests from the Los Angeles Police Department (LAPD), the Department of Transportation (DOT), and other governmental agencies. Our primary responsibilities include responding on a priority basis to requests for standardduty and medium-duty towing services initiated by these agencies. These services may involve, but are not limited to:
• Removal of illegally parked standard-duty and medium-duty vehicles • Towing of disabled vehicles due to traffic accidents, including those severely damaged
To fulfill our contractual obligations, we maintain a full fleet of adequately equipped tow trucks to ensure a prompt response within the required 20-minute timeframe.

Additionally, we are responsible for the secure storage and safekeeping of all vehicles and their contents until they are legally released to the proper owner or disposed of following the law.

We take extensive precautions to preserve evidence such as fingerprints, fibers, DNA or stains and ensure that vehicles held for investigative purposes are stored in restrictedaccess areas. Any vehicle impounded for investigation is not released without prior approval from the appropriate agency. Similarly, vehicles impounded by the Department of Transportation (DOT) for outstanding citations or lack of current registration are held until official authorization is provided by DOT.

Furthermore, as designated Official Police Garages (OPGs) for portions of Los Angeles County, we adhere to these same rigorous standards and requirements under our agreements with all law enforcement agencies.
' Method of Approach
5 CONTRACT NO. 2359
EXHIBIT "B"
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Below we detail how we will continue to meet the requirements of this agreement, including response time, business office and storage yard location, 24-hour availability and reporting requirements.

Call response times are a vital indicator of our efficiency. In reviewing our 2024 Average Response Times we have been able to achieve an average response time of 12 minutes and 13 seconds. We provide reliable and uniform service with efficient response times and high-quality customer satisfaction. We expect our projected response time to calls for service to remain the same.

Below please find the names, titles, responsibilities, and telephone numbers of persons to be contacted at any hour in the case of emergency.

Robert Ordelheide, Owner
Responsible for overseeing all operations
(818)-581-1179
N eyda Campos, General Manager
Responsible for day-to-day operations
(818) 605-8776
Customer Service & Vehicle Release Process
At Black and White Tow, we understand that having a vehicle impounded is a stressful and often frustrating experience. Our goal is to make retrieving an impounded vehicle as smooth and efficient as possible.

When a customer arrives at our office, their first point of contact will be a trained receptionist. The receptionist will verify that the customer has all the documentation required to release the vehicle. If any issues arise that the receptionist cannot resolve, the matter will be promptly escalated to the appropriate manager for further assistance.

While our receptionists serve as the first line of customer interaction, our office and operations managers play an integral role in ensuring a seamless and professional experience. Our comprehensive customer service program is designed to provide clear communication, timely assistance, and a respectful approach to every individual we serve.

It is important to note that no impounded vehicle is released without the prior approval of the appropriate agency. We adhere strictly to all legal and procedural requirements to ensure compliance and maintain the integrity of the process.

Commitment to Integrity & Trust
Black and White Tow has built its reputation on integrity, trust, and a commitment to excellence for over seven decades. Our company operates on a value system that 6 CONTRACT NO. 2359
EXHIBIT "B"
May 19, 2025 CC Regular Meeting Page 456 of 733
prioritizes people over profits, relationships over revenue, and reputation over short-term financial gains.

We believe that integrity is not just a virtue but the foundation of everything we do. We employ honest, experienced professionals who take pride in their work, ensuring that our services are delivered with reliability and accountability.

Trust is a key factor when the City of San Fernando selects a towing service provider.

Our longstanding track record, strong industry references, and commitment to customer satisfaction make us the ideal partner for your towing needs. We don't just meet expectations-we exceed them.

We stand by our commitments at Black and White Tow, uphold the highest industry standards, and execute every job excellently. We understand that the City of San Fernando is looking for partners who deliver results with integrity, and we are ready to build a long-term, trusted relationship with your team.

Allowing Access to Vehicles by Owners
At Black and White Tow, we are committed to ensuring a transparent and efficient process for vehicle owners to access their vehicles, parts, and personal property, provided that no legal or procedural restrictions prevent such access.

General Access
• Assuming access is not otherwise prohibited or restricted, vehicle owners and properly interested persons may view and photograph their vehicle and inspect vehicle parts and accessories during the regular business hours. • If a vehicle is stored at the primary facility, access will be granted within thirty (30) minutes of the request.
• If a vehicle is stored at a Satellite Secondary Storage Facility, access will be granted within twenty-four (24) hours, excluding weekends and holidays. • Access to criminalistic or evidentiary hold vehicles will only be permitted when accompanied by the assigned investigator or their authorized designee.

Proof of Authority & Identification
To access a stored vehicle or retrieve personal property, individuals must provide:

1. Proof of authority demonstrating their legal right to access the vehicle.

2. Valid identification, such as a driver's license or government-issued ID.

For vehicles that have been impounded as evidence, a law enforcement "release of property" form is required before access is granted. If the vehicle is not impounded for evidentiary purposes, properly interested persons may retrieve their personal property immediately.
7 CONTRACT NO. 2359
EXHIBIT "B"
May 19, 2025 CC Regular Meeting Page 457 of 733
,
Advanced Surveillance & Security Measures
Black and White Tow utilizes a centralized video monitoring management system with real-time surveillance capabilities to ensure security and accountability. Our system includes:
• Live feed monitoring for real-time oversight of vehicle storage areas. • Data storage capabilities for reviewing past footage when necessary. • Manual and event-triggered recording for enhanced security measures. • Adjustable brightness, contrast, and greyscale settings to improve image clarity. • Digital zoom with variable playback speeds (forward and backward) for a detailed review of footage.

These features enable us to maintain a secure environment while providing vehicle owners with the necessary access to their vehicles and belongings in a timely and regulated manner.

Safety Commitment
Safety is a top priority at our company, and we proactively ensure a secure environment for our employees and customers. We conduct regular safety meetings for all employees to reinforce our "Safety Message" and provide ongoing Safety Training that is both comprehensive and consistent. These meetings provide an opportunity to review best practices, discuss potential hazards, and implement any necessary updates to our safety protocols. By maintaining this commitment to safety, we create a culture of awareness and responsibility, ensuring that all employees have the knowledge and tools necessary to prevent accidents.and respond effectively in emergencies. •
Damaged or Stolen Property While in Custody
We have a structured and transparent process for determining whether a vehicle or personal property sustained damage or was stolen while in our custody. Our approach ensures fairness and accountability while maintaining trust with our customers.

1. Incident Investigation: If a claim is made regarding damage or theft, we conduct a thorough investigation, which includes reviewing surveillance footage (if available), verifying documentation, and speaking with relevant personnel.

2. Vehicle Inspection Protocols: Every vehicle that enters our facility is subject to an inspection process, which may include photographs or written documentation of its condition. This allows us to compare the vehicle's condition before and after custody to determine any discrepancies.

3. Private Property Handling: If personal belongings are reported as missing or damaged, we follow a similar review process, checking records of any logged items and verifying whether our staff had contact with the property in question.

4. Restitution and Resolution: If it is determined that damage or theft occurred while the vehicle or property was in our custody, we take immediate steps to 8 CONTRACT NO. 2359
EXHIBIT "B"
May 19, 2025 CC Regular Meeting Page 458 of 733
resolve the issue. This may include compensating the owner for the loss, restoring the property, or facilitating necessary repairs.

Our goal is to uphold integrity and accountability in all operations, ensuring that every customer interaction is handled with professionalism and care.

Addressing Complaints
We are committed to providing all our customers with the highest level of service. To achieve this, we prioritize hiring well-qualified, professional staff and instill a culture of accountability and trust. However, we recognize that concerns may occasionally arise.

Whenever possible, we encourage resolving issues directly by engaging with the responsible individual, discussing the concern, and working towards a resolution-without the need for government agency involvement.

Despite our best efforts, mistakes can happen. When they do, we adhere to the following principles to address and resolve complaints effectively:

Customer Complaint Handling Guidelines
• Apologize - Express regret for the inconvenience.
• Listen Carefully - Gather the facts and details without interruption. • Show Empathy - Demonstrate that we understand and acknowledge the concern. • Provide Accurate Information - If unsure, do not speculate; seek the correct answer.
• Take Responsibility - Address the issue professionally without shifting blame. • Remain Calm and Professional - Maintain politeness and assure the customer that we are committed to finding a resolution.
• Avoid Arguments -Focus on problem-solving rather than debating. • Maintain Professionalism - Our conduct should always reflect our commitment to excellent service.

We take all complaints seriously and investigate them thoroughly, ensuring fairness and integrity throughout the process. As an independent contractor, our interactions with the public may reflect upon the City of San Fernando. Given the potential for conflict in vehicle removal and storage, we maintain a fair, impartial, and reasonable approach while executing our duties courteously. Our statements and actions are based on sound judgment, free from personal opinions or biases.

Complaint Submission Process
We adhere to the Official Police Garage Association of Los Angeles protocol when handling complaints. If an individual expresses a desire to file a complaint and the issue cannot be resolved immediately, we provide them with a formal complaint form. 9 CONTRACT NO. 2359
EXHIBIT "B"
May 19, 2025 CC Regular Meeting Page 459 of 733
• If the individual refuses to complete the form, we document the complaint to the best of our ability and note that the complainant declined to provide written details.
• A record is then entered into the Vehicle Impound Information Center (VIIC) system under comments.
• All relevant documentation, including photographs and supporting materials, is made available to the Commission Investigation Division (CID) upon request.

Complaint Investigation Process
We have trained our management team to handle customer complaints efficiently, ensuring a structured and transparent review process. Upon receiving a complaint, our management follows these steps:

1. Identify the Nature of the Complaint - Determine whether the issue concerns vehicle damage, missing property, or employee conduct.

2. Document the Complaint-Collect a detailed statement using the Five W's (Who, What, When, Where, Why).

3. Reassure the Complainant- Inform the customer that complaints are taken seriously and investigated thoroughly. Explain that they will receive a follow-up response.

4. Identify Involved Parties & Witnesses - Gather statements from all relevant individuals.

5. Review Documentation - Analyze supporting evidence such as service logs, notes, photographs, and audio/video recordings.

6. Determine the Validity of the Complaint - Assess all evidence before reaching a conclusion.

7. Communicate the Outcome - Inform the complainant of the findings and explain the resolution.

8. Maintain Records -Document the investigation, findings, and resolution in the vehicle file for future reference.

Customer Interaction & Resolution Strategy
To ensure concerns are addressed promptly and professionally, we train our managers to:
• Listen Attentively - Often, a concern can be resolved without escalating to a formal complaint. Handling the issue effectively at the outset can prevent unnecessary disputes.
• Allow the Customer to Speak Freely - Interrupting the customer can exacerbate frustration and lead to unnecessary conflict. Our managers are trained to remain patient and empathetic.
• Clarify the Issue - Ask specific questions to fully understand the nature of the concern. Many issues stem from miscommunication rather than actual service failures. If language is a barrier, we seek an appropriate translator to ensure clarity.
10 CONTRACT NO. 2359
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• Seek a Resolution - Determine what the customer considers an acceptable outcome. Resolutions may range from an apology to compensation or corrective action. If a request cannot be accommodated, we inform the customer of their right to escalate the matter to the San Fernando Police Department and provide the necessary contact information.

Property & Vehicle Damage Resolution
If our investigation confirms that damage occurred to a vehicle or personal property while in our custody, we take immediate action to resolve the matter:
• For Personal Property: We offer reimbursement or restore the damaged item when feasible.
• For Vehicles: We either arrange for the repair or reimburse the owner if they choose to have it repaired independently.

Informing Vehicle Owners
We strictly adhere to state laws regarding vehicle impound notifications. Black and White Towing also utilizes the Vehicle Impound Information Center (VIIC) to streamline the process.
• The VIIC system, developed in collaboration with law enforcement, ensures that vehicle owners receive prompt and accurate information about their impounded vehicles.
• The system also features a public search tool, allowing owners to independently verify their vehicle's status.

Maintaining a transparent and efficient process ensures compliance with legal requirements while providing a user-friendly experience for our customers.

Public Access and Information
Although the information available to the City is more comprehensive than that accessible to the general public, the benefit of the VIIC system is that it also provides the public with valuable real-time information that makes locating an impounded vehicle simple.

Under the VIIC system, the public can determine the location of their vehicles by accessing the Internet at http://www.opglaviic.com. The information required to search includes the license plate number and vehicle identification number. Once the vehicle is located, the VIIC system provides:
• The name and address of the OPG
• Directions to the OPG
• Release hours
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• Fees incurred and a simple matrix to calculate fees due (depending on the number of days stored at OPG)
• Acceptable methods of payment
• Reason for the impound and the vehicle impound status - impound status indicates whether the vehicle is available for release or if the vehicle has a "hold," and requirements to redeem a car, such as valid identification and proof of ownership documentation.

The VIIC system was developed at no cost to the City of San Fernando. The VIIC provides our government customers with real-time reconciliation, accountability, and auditing of fees remitted to the City. The VIIC meets requirements for oversight of OPG remittances by providing real-time transparency through a computer system that cannot be changed. The VIIC system can give the City numerous reports, and the system can create easy-to-read PDF reports. The VIIC can also create reports that can be downloaded into a CSV file for the City's use in your daily oversight. Among the features the VIIC system offers, it currently:
1) Creates detailed monthly activity reports that show all impounding and storage activity
2) Vehicle reports that show date in and date out
3) Searches vehicles by hold status
4) Generates Gross Revenue Remittance reports
5) Generates Vehicle Release Fee Remittance reports
The VIIC system allows the City to quickly and accurately track vehicles and ensure proper collection of fees for towed and impounded vehicles. The VIIC system allows for the City to be electronically connected to its OPGs via the VIIC to oversee the entire towing and impounding process.

The Vehicle Information Impound Center (VIIC) system offers significant advantages to law enforcement by providing secure, real-time access to impounded vehicle data.

Officers can retrieve information instantly through a secured internet portal at www.opglaviic.com or via stand-alone computers within police stations. This 24/7 system enhances operational efficiency by allowing immediate searches based on vehicle make, license plate, VIN, and impound location. Additionally, the VIIC serves as a centralized platform for the public and the City to look up impounded vehicles in one convenient location.

A proprietary, up-to-date data field dictionary has been developed. This dictionary serves as the fundamental information the OPGs upload to the main servers. The VIIC system allows the City of San Fernando to have real-time oversight and a complete audit trail of all tow and impound activity.

Among other things, the VIIC system can create numerous reports, including:
• Inventory
• Fees collected
• Monthly activity summary
• Remittance Statistics
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This system is web-based, so any interested party can review the current charges on the vehicle to maintain total transparency. It can be viewed at wv.rw.opglaviic.com.

Methods Of Payment
We accept cash and credit cards; however, we do not accept personal checks. In compliance with California Civil Code Section 1748.l(a), we offer a discount on towing and storage fees for individuals who pay by cash or any method other than a credit card.

This discounted rate is available to all consumers as an incentive to encourage non-credit card payments.

Record-Keeping Tools And Methods
At the touch of a button, our system enables us to instantly generate and print all documents related to a vehicle, including comprehensive vehicle valuation reports, lien sale processing documentation, and impound reports for the City of San Fernando. This streamlined process ensures accuracy, transparency, and efficiency in managing vehicle records.

Black and White Tow's senior management conducts rigorous reviews of this information daily, weekly, and monthly, allowing for continuous oversight and operational improvements. By leveraging this data-driven approach, we optimize the efficiency of our dispatch office, enhance compliance with city requirements, and maintain meticulous record-keeping. These procedures reinforce our commitment to delivering exceptional service to the City of San Fernando, ensuring that vehicle management processes remain seamless, responsive, and fully accountable.

Vehicles Proposed To Be Used In The Performance Of Services At Black and White Tow, we are committed to maintaining a well-equipped storage facility and a reliable fleet of tow trucks and specialized equipment to meet the demands of our contract responsibilities. Our investment in fleet maintenance and operational efficiency ensures that we can scale our truck fleet as necessary to accommodate increased service needs.

Achieving performance excellence begins with having the right equipment. Our fleet consists of fully equipped tow trucks designed to handle various light-duty and mediumduty towing operations with precision and care. We take great pride in ensuring that all our vehicles are clean, well-maintained, and in excellent working condition. Every fleet vehicle is equipped with GPS, real time digital video and audio and recording. Each tow truck has interior video and audio and exterior video. At anytime managers can review the GPS, digital video and audio recording.

Beyond operational performance, we strongly emphasize meeting and exceeding law enforcement requirements for the protection of evidence and personal property. As a 13 CONTRACT NO. 2359
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trusted service provider to the City of San Fernando, we recognize the critical importance of securely impounding and storing vehicles. Our rigorous protocols ensure that all impounded vehicles and their contents are safeguarded with the highest level of integrity and accountability.

Our operational philosophy is built upon two essential components:

1. Front-End Towing Services - Executing safe, professional, and efficient towing of vehicles at the request of the City.

2. Back-End Storage & Security - Providing secure and organized vehicle storage while preserving the integrity of all contents on behalf of the City.

Through continuous investment in our fleet, adherence to law enforcement standards, and a steadfast commitment to operational excellence, Black and White Tow remains a trusted partner in vehicle towing and storage services.

Current operating equipment
Equipment Purpose Make Brief Description
Unit 1601 Tow 22 Dodge Flatbed
Unit 1603 Tow 20 Ford Wheel Lift
Unit 1604 Tow 22 Dodge Wheel Lift
Unit 1605 Tow 22 Dodge Wheel Lift
Unit 1606 Tow 23 PTRB Flatbed
Unit 1608 Tow 17 PTRB Flatbed
Unit 1609 Tow 22PTRB Medium-Duty
Unit 1613 Tow 20 Ford Flatbed
Unit 1614 Tow 16 PTRB Flatbed
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Unit 1619 Tow 17 Ford Flatbed
FL 1 Forklift TOYOTA Model # 8FGCU30
FL2 Forklift TOYOTA Model # 8FGCU30
FL3 Forklift TOYOTA Model# 8FG356
FL4 Forklift TOYOTA Model# 7FGAU50
FL5 Forklift Caterpillar Model # GP-30K
Dispatching Of Tow Vehicles
Exceptional customer service in the towing industry begins with an efficient and wellorganized dispatch office. The ability to respond promptly and effectively to tow requests is critical to supporting law enforcement, ensuring public safety, and maintaining operational efficiency. Black and White Towing has developed a structured dispatch system built on three essential pillars: adequate staffing, proper tools, and management tracking.

Below is a detailed breakdown of how we ensure seamless and reliable dispatching of our tow vehicles:

Adequate Staffing - Ensuring 24/7 Operational Readiness Black and White Towing is committed to maintaining round-the-clock staffing to handle incoming tow requests at all hours. Based on our experience managing call volumes, we believe that our current dispatch team is more than sufficient to meet the demands of our operations.

However, should we identify any gaps in response times or increased call volumes beyond our initial assumptions, we are prepared to adjust staffing levels to maintain the highest service standards immediately. Our proactive approach ensures no call goes 15 CONTRACT NO. 2359
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unanswered and law enforcement officers receive timely and efficient assistance whenever needed.

Technology-Driven Dispatching - Precision in Assigning Tow Trucks To maximize efficiency and reduce response times, our dispatch system integrates advanced GPS technology to track the real-time locations of all our tow trucks. This technology allows our dispatchers to:
• Instantly locate and visualize tow requests on a digital map. • Assign the nearest and most appropriate tow truck to the impound request, reducing travel time.
• Optimize fleet management, ensuring balanced workloads among drivers.

By leveraging this system, Black and White Towing ensures that every dispatch decision is data-driven and optimized for speed and efficiency, providing the fastest service possible to officers in the field.

Seamless Communication Between Dispatch and Drivers
Reliable and uninterrupted communication between dispatchers and tow truck operators is essential for a smooth and effective response. To facilitate this, all our tow trucks are equipped with multiple communication channels, including:
• Two-way radios for real-time updates.
• Cellular phone communication for enhanced connectivity.

This multi-channel approach enables instant coordination, reducing delays and ensuring clear, efficient communication at all times. Once a tow request is received, our system allows dispatchers to immediately assign the best available truck, minimizing any potential downtime.

Comprehensive Digital Tracking - Ensuring Accuracy and Transparency Every tow request that comes through our dispatch office is immediately logged into our proprietary computer system, ensuring accuracy and complete tracking throughout the towing process. Each request is assigned a unique reference number and timestamped at critical points in the workflow, including:
• Time call was received
• Time tow truck was dispatched
• Time tow truck arrived on scene
• Time vehicle was secured and in tow
• Time call was successfully cleared
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Once the vehicle reaches our impound facility, all relevant details from the impound sheet are entered into the system, generating a comprehensive digital record that includes:
• Exact location of the vehicle's impoundment
• Agency responsible for initiating the tow request
• Storage lot assignment within our facility
• Total duration of storage and associated costs
• Tracking of all financial transactions related to the vehicle release This fully integrated tracking system allows us to maintain complete transparency, improve operational efficiency, and ensure compliance with all regulatory requirements.

It also enhances our ability to quickly provide accurate information to law enforcement agencies and vehicle owners when needed.

Commitment to Excellence in Dispatch Operations
At Black and White Towing, we recognize that our dispatch operations are the backbone of our service delivery. Combining experienced personnel, cutting-edge technology, and rigorous management oversight ensures that every call is handled swiftly, efficiently, and professionally.

We remain committed to continuous improvement in our dispatch processes, leveraging data insights and customer feedback to enhance our responsiveness and reliability. Our goal is to set the industry standard for superior tow dispatching services, ensuring safety, efficiency, and trust in every interaction.

Facilities and Equipment
Investigative Hold Capabilities
Black and White Tow has consistently demonstrated its ability to provide ample and secure vehicle storage to meet the needs of our contracts. We operate two secure storage facilities in the area, ensuring sufficient capacity for vehicle storage at all times.

Between our two facilities, we can accommodate over 650 vehicles at any given time.

Our main facility, located at 10857 San Fernando Road in Pacoima, has the capacity to store 320 vehicles and is situated just 1.5 miles from the San Fernando Police Station.

Our secondary facility, located at 11303 San Fernando Road in Pacoima, can accommodate 330 vehicles and is 0.8 miles from the San Fernando Police Station. Our business office is based at our main facility for streamlined operations.

State-of-the-Art Investigative Hold Area
Within our main facility, Black and White Tow maintains a state-of-the-art secured investigative hold area with a capacity for 10 vehicles. This specialized area is designed to support law enforcement personnel, forensic specialists, and criminalists in processing 17 CONTRACT NO. 2359
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vehicles for forensic evidence collection, investigative procedures, and photographic documentation of crime-related vehicles.

The investigative hold area is equipped with an independent high-resolution security camera system that continuously records all activity within the secured space. Strict access control policies and procedures are in place to ensure the integrity of investigations:
• Any investigator or employee requiring access must first check in at the dispatch center, providing their name, reason for entry, and authorization details. • All-access requests are documented and logged, and a monthly report is generated for review.
• Once approved, the dispatch center electronically controls access to the investigative hold building, ensuring secure and monitored entry.

By implementing these rigorous security measures, Black and White Tow upholds the highest vehicle storage and investigative security standards, maintaining evidentiary chain of custody, while providing law enforcement with a reliable and controlled environment for their critical work.

Facility Security
At Black and White Tow, we take the security and monitoring of our storage facilities with the utmost seriousness. Our state-of-the-art, centralized video monitoring system allows us to oversee live security feeds in real-time and securely store footage for future review. We recognize security as a critical and ongoing investment for our customers, which is why we continuously upgrade our equipment as technology advances.

Our high-tech call dispatch center ensures fast and accurate service to the City of San Fernando, allowing us to manage towing operations efficiently. This operational excellence would not be possible without the unwavering dedication of our professionally trained, licensed, and uniformed personnel, who work diligently to uphold our high standards of security and service.

Secure Storage and Law Enforcement Compliance
Black and White Tow operates strictly controlled, secure storage facilities that adhere to all law enforcement guidelines. We employ a 24/7 live-feed security camera system, continuously monitored, with footage securely archived to ensure a record of all activity.

Access to our facilities is restricted to authorized personnel only, ensuring compliance with all applicable laws and industry best practices.

We take our contractual obligation to safeguard impounded vehicles and personal property on behalf of the City of San F emando very seriously. To maintain the highest level of security, we have industry-leading procedures in place to protect both vehicles and any personal belongings left inside. For instance, any valuable loose property found 18 CONTRACT NO. 2359
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in an impounded vehicle is carefully documented and secured. Our drivers must sign and date each sealed bag, maintaining a clear chain of custody for all personal items.

Due to our exemplary reputation for maintaining highly secure storage facilities, several local law enforcement agencies entrust us with storing their police vehicles, further reinforcing our commitment to professionalism, accountability, and trustworthiness.

Commitment to Security and Continuous Improvement
We recognize the significant responsibility entrusted to us in protecting impounded vehicles, personal property, and evidence on behalf of the City. This responsibility is at the core of our expertise, and we remain focused on enhancing security protocols to meet evolving challenges.

With technology advancing rapidly, we continually invest in cutting-edge security measures to ensure that our facilities remain at the forefront of industry standards.

Protecting evidence and personal property is a top priority for all Black and White Tow employees, and we implement rigorous training to reinforce this responsibility.

Evidentiary Hold Area
Our evidentiary hold area is a modem, secure facility specifically designed to store vehicles for investigation. This dedicated space accommodates up to ten vehicles and features:
• Roll-up doors for controlled access
• Ventilation and lighting systems for optimal storage conditions • 24/7 closed-circuit security camera monitoring, with all activity recorded for maximum security
Understanding the City's Needs
We have extensive experience in managing vehicle towing and secure storage operations under various Penal Code, Vehicle Code, and City ordinance requirements. Our operations regularly include:
• Removal and storage of abandoned, stolen, and damaged vehicles • Towing and secure storage of City-owned vehicles
• Special security measures for vehicles held as evidence in criminal investigations Our technology-driven approach ensures that all sensitive security and vehicle storage data is safeguarded using industry-standard encryption and authentication protocols. Our system features:
• User authentication and role-based permissions to restrict access • Automated timeout mechanisms to prevent unauthorized use 19 CONTRACT NO. 2359
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At Black and White Tow, we do more than just tow and store vehicles-we set the standard for security and operational excellence in the industry. Our commitment to accountability, transparency, and continuous improvement ensures that the City of San Fernando and its residents receive the highest service and protection.

Uniform and Professional Appearance
To uphold a safe, professional, and polished work environment, all customer service representatives, tow operators, and lot personnel are provided with uniforms and are expected to wear them each workday. Employees must adhere to strict grooming standards and are required to wear a clean, neatly pressed uniform daily to maintain a well-groomed appearance. Additionally, name tags must be worn at all times to ensure clear identification and enhance customer interactions.

Customer Service
Commitment to Excellent Customer Service
As highlighted throughout this RFQ response, Black and White Tow is committed to delivering exceptional customer service at every stage of the vehicle release process. We understand that having a vehicle impounded is often a stressful and inconvenient experience. Our goal is to streamline the process while providing a professional, courteous, and efficient service to all customers.

Customer Service Process
To ensure a smooth and organized experience, our management team monitors customer service daily and has established a structured process for vehicle releases:

1. Reception & Initial Verification
a Upon arrival, customers are greeted by a receptionist who verifies that they have all the necessary documentation for vehicle release. a If all required documents are in order, the receptionist will issue the customer a numbered ticket, which is date- and timestamped in our computer system.

2. Release Processing
a Customers are called in numerical order to the service window, where the release process begins.
a The initiation of this process is also date- and timestamped, ensuring full transparency and tracking of service times.

3. Comfortable Waiting Environment
a Recognizing that waiting for a vehicle release can be frustrating, we strive to make the experience as comfortable as possible.
o Our waiting area includes comfortable seating, climate control (air conditioning and heating), and an organized environment to reduce customer stress.
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4. Escalation & Issue Resolution
o If a receptionist cannot resolve a customer's concern, they promptly escalate the issue to an appropriate manager for resolution. o All office managers and the operations manager play a critical role in ensuring a comprehensive and responsive customer service program.

Training & Customer Education
At Black and White Tow, ongoing training is essential to maintaining high service standards.
• Customer Service Training: All receptionists and service representatives undergo extensive customer interaction, dispute resolution, and computer systems training.

Additional training is provided based on an employee's background and prior expenence.
• Managerial Oversight: Similar to our managerial training programs, customer service training is continuously refined to align with best practices in customer care.
• Customer Education Brochure: We provide a detailed customer information brochure that explains common reasons for vehicle impoundment and guidelines for better parking habits, helping customers prevent future towing incidents.

At Black and White Tow, we are not just a towing service but a customer-focused operation that prioritizes efficiency, transparency, and respect. Our structured approach ensures that every customer interaction is handled with professionalism, making a challenging situation more manageable.

Qualifications of Key Persons
Our management team comprises some of the most experienced and skilled professionals in the towing industry, bringing decades of hands-on expertise, leadership, and operational knowledge to our company. Each member plays a critical role in the day-today business management, ensuring seamless operations, efficiency, and a commitment to exceptional service. More importantly, they are highly accessible and readily available to address challenges, provide solutions, and support our employees and customers as needed.

We recognize that a diverse and multicultural leadership team is essential to fostering an inclusive workplace and driving innovation in our industry. The recruitment and retention of a diverse workforce go hand in hand with having a management team that reflects a range of backgrounds, experiences, and perspectives. We take pride in assembling a talented leadership group that includes women and minorities, each of whom brings unique insights and expertise to our organization.
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Below, we provide a brief overview of the backgrounds and qualifications of our key personnel, highlighting their contributions to our company's success and their unwavering dedication to excellence in towing and roadside services.

Robert R. Ordelheide, President & CEO
Robert R. Ordelheide has dedicated most of his career to law enforcement, holding key executive management positions within law enforcement agencies. With extensive leadership experience, he now serves as the Chief Executive Officer and Operational Compliance Manager of Black and White Towing, where he applies his expertise in regulatory compliance, operational oversight, and community relations.

Robert's management background extends beyond law enforcement to working closely with municipalities, ensuring adherence to operational policies and procedures while fostering strong community relationships. His deep understanding of compliance and governance has positioned him as a trusted leader in the towing industry.

As President and CEO, Robert oversees the Corporate Compliance Program, acting as an independent and objective authority that reviews and evaluates compliance issues within the organization. His role ensures that all management and employees strictly adhere to regulatory requirements, company policies, and law enforcement standards while upholding the highest ethical and professional standards.

A key aspect of his leadership includes developing, implementing, and refining company policies and procedures to promote operational integrity. Robert regularly reviews and updates the Standards of Conduct, ensuring their relevance in guiding management and employees. He is committed to ensuring full compliance with all towing and law enforcement regulations and has collaborated with Human Resources and other departments to design a comprehensive compliance training program. This includes structured onboarding for new employees as well as ongoing education for all staff and leadership.

Robert holds a Bachelor of Science in Organizational Leadership and Management from the University of La Verne in La Verne, California. His extensive experience and commitment to operational excellence make him a vital asset in maintaining the integrity, efficiency, and compliance of Black and White Towing.

Neyda Campos, General Manager
With over 17 years of dedicated service at Black & White Towing, Neyda Campos has been pivotal in shaping the company's operational success. She began her career as a Dispatcher in 2007, quickly distinguishing herself with her strong work ethic, keen problem-solving skills, and ability to manage complex logistics in a fast-paced environment. Through years of hands-on experience and a commitment to excellence, she advanced through the ranks to become General Manager, a role in which she has excelled in overseeing the company's day-to-day operations.
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As General Manager, Ms. Campos manages all facets of Black & White Towing's operations, ensuring seamless service delivery to municipalities and private-sector clients. Her leadership extends across multiple departments, including Human Resources, Dispatch, Compliance, and Financial Operations. She oversees record-keeping, billing, and invoicing while ensuring timely and accurate monthly reporting to municipalities on franchise fees and vehicle release agreements.

Ms. Campos' expertise in fleet management, regulatory compliance, and customer service has been instrumental in maintaining Black & White Towing's reputation for efficiency and reliability. She has fostered a workplace culture prioritizing professionalism, safety, and accountability-key factors contributing to the company's sustained growth and success.

Her deep understanding of the industry and ability to adapt to evolving municipal regulations and industry standards make her an invaluable asset to Black & White Towing. Whether managing crises, optimizing dispatch operations, or ensuring that fmancial and contractual obligations are met, Ms. Campos consistently demonstrates the leadership and strategic vision necessary to drive the company forward.

Statement of Qualifications
Public agencies (including the City of San Fernando) and similar services during the preceding five years
► City of San Fernando
► City of Los Angeles
► Los Angeles Police Department
• Foothill Division
• Mission Division
• North Hollywood
• Valley Traffic Division
• Department of Transportation
• Department of Building & Safety
► Los Angeles Unified School District
► Los Angeles County Sheriff's Department
► California Department of Motor Vehicles
List of References
We proudly stand on a seven-decade record of contract compliance as an OPG. Please feel free to contact the following references.

For information regarding our history of contract compliance with the City of Los Angeles, its departments, and agencies, please get in touch with Lt. Scott Moffitt of the LAPD Commission Investigation Division, Los Angeles Police Commission, at (213) 996-1230.
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Please contact Investigator Raffi Tokatlian with the Los Angeles County Sheriffs Department at (310) 678-4389 for information regarding our history of contract compliance with the Los Angeles County Sheriffs Department Please contact Investigator Bashmakian with the Los Angeles County Sheriffs Department at (562) 946-7846 for information regarding our history of contract compliance with the Los Angeles County Sheriffs Department.

Please contact Sergeant Luis Martinez with the Los Angeles Department of Transportation at (818) 92 7-7039 for information regarding our history of contract compliance with the Los Angeles Department of Transportation.

Please contact Chief Fabian Valdez with the San Fernando Police Department at (818) 898-1250 for information regarding our history of contract compliance with the San Fernando police department.

List of contracts with other local agencies (including City of San Fernando) ► City of San Fernando
► City of Los Angeles
► County of Los Angeles
Rate Schedule for the Five Years
We are committed to delivering first-class customer service and fair towing and storage pricing. We believe that we have found the perfect rate structure that not only keeps towing and impounding prices balanced for customers but provides revenue for the City of San Fernando. In response to the request for a quotation for rates, given that the City of San Fernando is surrounded by Los Angeles, we would propose to use similar rates to keep the cost as low as possible for community members.

Black and White Towing is proposing to pay the City of San Fernando:
• A $60 franchise fee for each vehicle towed
• Collect an $80 Vehicle Release Fee for the City for each vehicle redeemed.

Rates we currently charge
2025
2025 Discounted Rate for
Rate for Payment
Payment by Credit by a
Card Means
Other than
Credit Card

TOW RATES
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Standard Vehicle
for the first hour or fraction thereof
Standard Vehicle
for each additional half-hour or fraction thereof beyond the first hour Upright Heavy-Duty Vehicle
for the first hour or fraction thereof
Upright Heavy-Duty Vehicle
for each additional half-hour or fraction thereof beyond the first hour Per hour or fraction thereof for each additional person required Specialized equipment required - heavy duty removal for the first hour or fraction thereof
Hazardous or dangerous cargo - heavy duty removal
Upright Medium-Duty Motorhome GVWR 10,001 to 26,000 lbs.'

DAILY STORAGE RA TES
Standard Vehicle
Trucks Over One Ton
-Trucks, Boats and trailers Under 20'
-Trucks, Boats and trailers 20' to 40'
-Trucks, Boats and trailers over 40'
Motorcycles
Major Component Parts
Bulk Items per Square Foot

MISCELLANEOUS RA TES
Mileage Rate (per mile)
Removal of Stolen Component Parts
Removal of Bulk Items
Maximum Reimbursement for Salvage Vehicles
List of outside funding sources obtained
We do not need any external funding sources.

Subcontractor
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
195.00 $ 190.00

96.00 $ 94.00
373.00 $ 364.00
187.00 $ 182.00

82.00 $ 80.00
564.00 $ 550.00
841.00 $ 821.00
841.00 $ 821.00

60.00 $ 59.00

67.00 $ 65.00

84.00 $ 82.00
107.00 $ 104.00

16.00 $ 16.00

12.00 $ 12.00

1.00 $ 1.00

11.00 $ 11.00
110.00 $ 107.00
195.00 $ 190.00
DNA $ 821.00
While the City of San Fernando rarely tows or impounds heavy-duty vehicles, we have a subcontractor in place should the need arise. We have selected Keystone Towing and Ross Baker Towing, both owned by United Road Towing (URT), a national leader in municipal towing program management.

URT specializes in optimizing, developing, and overseeing municipal towing operations from Los Angeles to Boston. The company dispatches over 500,000 tows annually, manages more than 300,000 impounds, and facilitates the sale of over 60,000 abandoned vehicles for municipalities nationwide. Currently, URT serves 60 percent of the ten 25 CONTRACT NO. 2359
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largest municipalities in the U.S., demonstrating its extensive experience and reliability in the industry. URT values longstanding partnerships with cities, and we are pleased to have them as a subcontractor to assist with heavy-duty towing services when needed.

Licenses and Permits for Operation in California, City of San Fernando, and City of Los Angeles
Black and White Towing holds all necessary licenses and permits required to operate as an Official Police Garage in the City of San Fernando, the City of Los Angeles, the County of Los Angeles, and the State of California. The following licenses and permits are available upon request:
• Building & Safety Permit
• City of San Fernando Business License
• Los Angeles County Business License
• Police Commission Permits
• City of Los Angeles Tax Registration Certificates
• Certificate of Disclosure of Hazardous Substances
• City of Los Angeles Parking Occupancy Registration Certificate • Certificate of Occupancy
• DMV Motor Carrier Permit
Personnel Hiring Standards And Practices
Commitment to Excellence in Workforce, Training, and Safety At Black and White Towing, we take great pride in our ability to exceed the operational demands set forth by the Los Angeles Police Commission. Our robust workforce, wellmaintained inventory, and state-of-the-art facilities allow us to consistently deliver reliable, professional service. A key component of our success is our highly skilled and customer-oriented team, which is the product of a meticulous hiring process and comprehensive training programs designed to uphold the highest industry standards.

Comprehensive Hiring Practices
To maintain a diverse and highly qualified workforce, we have implemented a structured two-tiered hiring process that ensures every new hire aligns with our commitment to professionalism, expertise, and customer service.

1. Initial Screening: All applicants undergo an initial evaluation based on three core criteria:
o Prior work experience - Ensuring relevant expertise and industry knowledge.
o Professional references - Validating past performance and reliability. o Demeanor and interpersonal skills - Assessing suitability for customerfacing roles. 26 CONTRACT NO. 2359
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This preliminary screening ensures that all candidates possess the necessary experience, maintain strong professional relationships, and are well-suited to interact with the public.

2. Position-Specific Evaluation: Candidates who pass the initial screening are then assessed according to job-specific standards tailored to the responsibilities of the role. This ensures that each employee is not only qualified but also properly trained to meet the expectations of their position.

At Black and White Towing, we recognize that our strength lies in the diversity of our workforce. Employees from a wide range of backgrounds, national origins, and life experiences bring valuable perspectives that contribute to our continued success. As such, we are fully committed to equal employment opportunities and fair hiring practices for all applicants and employees.

Industry-Leading Training Programs
Our dedication to excellence extends beyond hiring-we invest heavily in specialized training programs designed to equip employees with the skills and knowledge necessary to excel in their roles. These programs ensure that our workforce remains at the forefront of industry best practices, emphasizing safety, efficiency, and superior customer service.

We firmly believe that the strength of our team is a direct result of our rigorous hiring and training processes. By providing ongoing professional development opportunities, we have cultivated a workforce that is highly skilled and deeply committed to delivering exceptional service.

Commitment to Safety and Employee Well-Being
A safe and healthy work environment is paramount at Black and White Towing. Through our Human Resources Department, we have implemented a robust Injury and Illness Prevention Program (IIPP) designed to minimize workplace hazards, reduce workers' compensation claims, and promote overall employee well-being.

Additionally, we provide all employees with a comprehensive Employee Safety Manual outlining best practices for safe equipment operation and site-specific safety protocols.

This manual ensures that every team member is well-informed and equipped to prevent workplace accidents.

By prioritizing safety, training, and professional development, Black and White Towing remains committed to fostering a skilled, diverse, and well-prepared workforce to uphold our reputation for excellence. Below is a summary of our training programs for the various positions within our company.

Manager Training
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All managers receive comprehensive training in customer service and computer operations tailored to their background and experience. Additionally, managers spend several days rotating through various departments to familiarize themselves with company operations and personnel.

Office Personnel Training
Office staff undergo hands-on, phased training. Initially, they learn essential search functions in our computer system and telephone operations. Once proficient, they enter a supervised trial period at the front counter, gaining experience in customer interactions and cash register operations. Finally, trainees complete customer service training to reinforce their skills.

Driver Training
Drivers undergo extensive training, covering:
• Customer service and paperwork procedures
• Safe driving techniques
• Proper tow procedures
• Forklift operation
New drivers shadow an experienced driver for four weeks, followed by a review of towing standards. They then operate a tow truck under close supervision for another two weeks. Ongoing training sessions ensure continued skill development and additional training is provided as needed.

Vehicle Auctions
If a vehicle remains unclaimed beyond statutory time frames ( 15 days for vehicles valued under $500, 30 days for those between $500 and $4,000, and longer for higher-value vehicles), Black & White Tow obtains DMV authorization to sell it. Proceeds cover towing, storage, and administrative fees. Any surplus is applied to outstanding tickets, with the remaining balances sent to the DMV.

Weekly auctions take place every Wednesday:
• Viewing & Inspection: 8:30 AM
• Auction Start: 10:00 AM
All vehicles are sold AS-IS with no warranties, including compliance with smog/emission laws. Low-value vehicles may be sent to dismantlers, while higher-value vehicles are auctioned.

Financial Strength
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Despite economic uncertainties, Black & White Tow remains financially strong and fully committed to its role as an Official Police Garage (OPG). Our longstanding service history demonstrates our financial reliability, timely payments to the City, and full compliance with Federal, State, and City regulations. Please see page 34 for Attachment# 5 for Black & White Towing's confidential 2024 fiscal financial statement.

Contract Compliance
We take pride in our unwavering commitment to regulatory and contract compliance. Our adherence to Civil and Vehicle Codes is central to our business philosophy. Regular law enforcement inspections over the past seven decades affirm our exemplary compliance record, making us a model for the industry.

Our operational history demonstrates a strong track record of fulfilling OPG responsibilities with integrity, customer service excellence, and active community involvement.

Storage Experience
Our priority is to provide secure, damage-free towing, evidence storage, and vehicle release services focusing on customer satisfaction and superior quality work. This commitment starts at the executive level and extends to every employee.

With over 70 years of experience in law enforcement impounding and storage, we leverage industry-leading personnel and operational systems to continuously enhance our efficiency and customer service. Our lien sale model has set a standard for other police garages, and our well-maintained facilities and professional service consistently earn positive customer feedback.

Our company-owned storage facilities ensure ample capacity to accommodate demand fluctuations, eliminating the risk of losing storage space.

Fleet Maintenance Program
With rising business costs, efficient fleet maintenance is more critical than ever. Our proactive maintenance approach ensures that our towing fleet remains operational, safe, and efficient.

Black & White Tow has earned an industry-wide reputation for maintaining a superbly conditioned fleet. Trucks are regularly washed and serviced, ensuring a clean and professional appearance. We continuously explore new technologies and best practices to enhance fleet performance.

Diverse Workforce
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Black & White Tow values diversity and inclusion. Of our 22 employees, 18 reside locally, and all our drivers are bilingual.

For over 70 years, we have championed diversity, work-life balance, and professional development. We recognize that a diverse workforce strengthens our business and enables us to serve our community more effectively. Our commitment is reflected in promotion monitoring, employee retention programs, and continuous diversity assessments.

Given Los Angeles' evolving demographics, we proactively ensure that our workforce reflects the community we serve. Our dedication to employee development has resulted in a highly skilled and engaged team.

Employee Benefits
We believe that employee satisfaction drives business success. To attract and retain top talent, we offer competitive compensation aligned with Los Angeles City's living wage and benefits package-a rarity in the towing industry. Valued employees become our best ambassadors, and we prioritize providing clear expectations, growth opportunities, and a supportive work environment.

Community Involvement
At Black & White Tow, we are deeply committed to giving back to the communities we serve. Our partnerships with leading nonprofit organizations help fundraise for charitable causes throughout the San Fernando Valley.

Our work directly impacts homes, schools, businesses, and government facilities, enhancing public safety and strengthening neighborhoods. Our commitment extends beyond business--our employees actively volunteer, donate, ·and participate in community initiatives.

As a longstanding member of the Pacoima community, we embrace our role as a responsible corporate citizen, supporting local organizations and promoting safety efforts.

Conclusion
Our extensive track record reflects a deep and comprehensive understanding of municipal impounding, towing, storage, lien sales, and special event logistics. For over five decades, our dedicated management team and highly trained employees have consistently demonstrated an unwavering commitment to service excellence. We recognize the unique demands and operational complexities associated with municipal towing and storage, and we take pride in delivering efficient, responsive, and professional solutions tailored to the needs of our customers and the communities we serve.
30 CONTRACT NO. 2359
EXHIBIT "B"
May 19, 2025 CC Regular Meeting Page 480 of 733
We appreciate the opportunity to submit this response and express our continued commitment to supporting the City of San Fernando. With our proven expertise, established infrastructure, and longstanding reputation for reliability, we are confident in our ability to continue providing best-in-class towing and storage services that meet and exceed the City's expectations.

Our proposal provides the City of San Fernando with a comprehensive and detailed evaluation of our proven track record in delivering high-quality, reliable, and ethical service. We have structured our submission to clearly demonstrate our qualifications across the following critical factors:

1. Proven Ability and Expertise - We have the capacity, experience, and technical skill necessary to fulfill the obligations outlined in the Franchise Agreement. Our team is highly trained, and we have successfully performed all required services and tasks with efficiency and professionalism in similar agreements.

2. State-of-the-Art Physical Facilities - Our infrastructure is fully equipped to meet the operational demands of the Franchise Agreement. We ensure seamless service delivery with no delays or operational disruptions, backed by wellmaintained facilities, advanced equipment, and a responsive service network.

3. Commitment to Integrity and Customer Service Excellence - Our leadership and business practices are rooted in ethical operations and transparency. We maintain a stellar reputation with no history of complaints related to poor customer service, unethical business practices, discourteous interactions, or criminal conduct. Our customer-first approach ensures fair, honest, and respectful treatment of all individuals.

4. Demonstrated Performance and Contract Success - We have a strong track record of fulfilling contracts with municipalities and public agencies, consistently meeting or exceeding performance expectations. Our references and case studies illustrate our ability to deliver outstanding service in similar agreements.

5. Highly Qualified Team and References - Our proposal includes qualifications, resumes, and references from industry professionals who can attest to our expertise. We provide documented success in similar projects over the past five years, showcasing our reliability and professionalism.

6. In-Depth Knowledge of Local Codes and Procedures - We possess extensive knowledge of City codes and regulations, ensuring full compliance with municipal policies. Our operational framework is designed to align seamlessly with San Fernando's requirements.

7. Regulatory Compliance and Legal Adherence - Our company has a strong history of compliance with all laws and ordinances related to the towing and storage of vehicles. We strictly follow all regulatory requirements, ensuring lawful and ethical business operations.

8. Financial Strength and Stability- We are financially equipped to meet the City's service-level requirements under this RFQ. Our financial records, included in this proposal, provide clear evidence of our ability to sustain long-term, highquality service while making necessary investments in personnel, equipment, and technology.
31 CONTRACT NO. 2359
EXHIBIT "B"
May 19, 2025 CC Regular Meeting Page 481 of 733

9. Alignment with the City's Requirements - Our operational model is fully aligned with the City's expectations under the RFQ and Franchise Agreement. We offer a responsive, scalable service that adapts to the needs of the community while maintaining compliance with contractual obligations.

10. High-Quality Facilities, Staff, and Equipment - Our facilities, fleet, and personnel are of the highest quality, ensuring efficiency, reliability, and adaptability. We invest in continuous staff training and maintain a modem, wellmaintained fleet to deliver superior service.

11. Compliance with Baseline Requirements - Our proposal adheres to all baseline conditions set forth in the RFQ, with no deviations that would impact our ability to deliver the required services.

12. Rapid Response to Calls for Service - We provide a well-documented strategy for achieving the fastest possible response times, minimizing delays, and ensuring timely service for all City requests.

13. Transparent and Fair Impound Policies - Our impound practices prioritize the quick and cost-effective return of vehicles to their owners, minimizing excessive fees and reducing undue burdens on vehicle owners. We emphasize efficiency and fairness in our approach.

14. Comprehensive Employee Training and Ethical Standards - We implement rigorous training programs for all tow truck drivers and impound yard personnel.

Our policies ensure courteous, honest, and ethical interactions with the public, reinforcing our commitment to professionalism and respect.

By addressing each of these factors in detail, our proposal provides the City of San Fernando with a clear and compelling case for why we are the best partner for this Franchise Agreement. We are confident in delivering exceptional service while upholding the highest standards of integrity, efficiency, and public trust.

Insurance Certificate
Below is a copy of our copy of or insurance certificate for the City of San Fernando.

Commercial General Liability
Automobile Liability
Garage Liability Insurance
Workers' Compensation Insurance
Excess Liability
32 CONTRACT NO. 2359
EXHIBIT "B"
May 19, 2025 CC Regular Meeting Page 482 of 733
___..., I D.ITI<-.-OIW'rffl ACORY CERTIFICATE OF LIABILITY INSURANCE I,..__..-- 01A'.l111210~ THIii! CEATlflCATI! 1$ JSSUEDAS AIIATTl!R Of INFORIIATION ONLY AND CONFERS NO RIGlfTll UPOI\I THE CERTFICATE HOLDER. THIS C€RTFICATE DOQ NOT AFFIIIIATIVELY CIA tff!OATIVELY AIIIEND, l!XTeND OR ALTER ntE COIIERAQE Al'FOAl>eJ BY THE POLICIES BELOW. THIS CBmFICATE OF INSURANCE DO£S NOT CONSTrTUTI: A COHTRACT lll!TWEEfil THE ISSUING INIIUIIER«I), AUTHORIZU> RURESENTATIVE OR PRODUCER, AHO THE Cl!RTIFICATI! HOLDEl'I.

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33 CONTRACT NO. 2359
EXHIBIT "B"
May 19, 2025 CC Regular Meeting Page 483 of 733
Attachments

1. SFPD Tow Listing Application

2. Civil Litigation History

3. False Claims Act Certification Form

4. City of San Fernando Business License

5. Black & White Towing's confidential 2024 fiscal financial statement 34 CONTRACT NO. 2359
EXHIBIT "B"
May 19, 2025 CC Regular Meeting Page 484 of 733
ATTACHMENT 1

SFPD TOW LISTING APPLICATION

BUSINESS

1. BUSINESS NAME AND MAILING ADDRESS
Bl.AC~ 8 W "-S:TE i"c>Wrt-lC. J:'NC.
\ 08S'7 SA,.J i->!JZ./..IANi)O ~AJ)

TELEPHONE NUMBER(S)
?Ac.C,:V\-r-t C.A ' C\ \ 3'3 \

4. BUSINESS ADDRESS IF DIFFERENT THAN ABOVE 5. AUTOMOBILE CLUB AFFILIATIONS NONF6. DO YOU HAVE 24 HOURS A DAY SERVICE? )/.,YES NO 7. YEARS IN ~ T~ ING BUSINESS

8. HAVE YOU OR ANYONE FIANCIALLY INVOLVED WITH YOUR COMPANY EVER BEEN CONVITED OF A FELONY

INVOLVING STOLEN OR EMBEZZLED VEHICLES, STOLEN PROPERTY, FRAUD RELATED TO THE TOWING BUSINESS, OR MORAL TURPITUDE? IF YES, PLEASE ATTACH A WRITTEN EXPLANATION

VEHICLE STORAGE

9. PRIMARY STORAGE YARD (COMPLETE ADDRESS)
10~5'1 .Sf.lN FE\~~~o KOBP
01:~ \

10. SECONDARY STORAGE YARD (COMPLETE ADDRESS)
\ \ ~oa s r-.,-1. FE'\~AJ--11~
SA11. IS STORAGE YARD FENCED {6'), LIGHTED?

12. IS DISPATCHER ON DUTY 24 HOURS/DAY, SEVEN DAYS/WEEK, 365 DAYS/YEAR?

13. IS THERE A SECURE INVESTIGATIVE HOLD AREA?

FINANCIAL INTERST

14. LEGAL OWNER (PERSON(S), FIRM, COMPANY, ASSOCIATION OR CORPORATION)

15. DO YOU HAVE FINANCIAL INTEREST IN ANY OTHER TOW COMPANY WITHIN SAN FERNANDO?

16. DOES ANY MEMBER OF YOUR FAMILY OPERATE ANOTHER TOW SERVICE 1N SAN FERNANDO?

17. DO YOU SHARE ANY FACILITIES WITH ANY OTHER LICENSED TOW COMPANY?

18. IF THE ANSWER TO ANY OFTHE ABOVE IS YES, PROVIDE NAME OFTHE TOW COMPANY

TOWTRUCKS
:::JOWNED
EASED
- CLASS A {14,000-19,500 GVWR) - q - CLASS C (33,001- 50,000 GVWR) r CLASS B {19,501-33,000 GVWR) - 1 , CLASS D (OVER 50,001)

19. IS AT LEAST ONE CLASS A TRUCK, EITHER A WHEEL LIFT OR A CAR CARRIER?

SIGNATURE PRINT OR TYPE NAME AND TITLE
DYES ~ O

DISTANCE FROM
SAN FERNANDO \ ·S MILES

DISTANCE FROM
?r.~ AN~~LES
~ ES JNO
)"ES :::J NO
-,{YES JNO
DYES ~ O
nYES ~
DYES jr4¥J
;,,4Es n NO
DATE
CONTRACT NO. 2359
EXHIBIT "B"
May 19, 2025 CC Regular Meeting Page 485 of 733
ATTACHMENT2

CIVIL LIGITATION HISTORY/CIVIL LITIGATION CERTIFICATION FORM

CITY OF SAN FERNANDO
CITYHAll
117 MACNEIL STREET
SAN FERNANDO, CALIFORNIA 91340

For the five (5) years preceding the date of submittal of this Proposal, identify any civil litigation arising out of the performance of a procurement contract within the State of California in which any of the following was a named plaintiff or defendant in a lawsuit brought by or against the entity soliciting Proposals: the Proposer submitting the instant Proposal, including any person who is an officer of, or in a managing position with, or has an ownership interest in the entity submitting the Proposal. Do not include litigation which is limited solely to enforcement of mechanics' liens or stop notices. Provide on the following page labeled "Civil Litigation History Information:" (i) the name and court case identification number of each case, (ii) the jurisdiction in which it was filed, and {Hi) the- outcome of the litigation, e.g., whether the case- is pending, a judgment was entered, a settlement was reached, or the case was dismissed.

CIVIL LITIGATION CERTIFICATION
If the Proposer has no civil litigation history to report as described above, complete the following:
l, ______________ _, am the ______________ _
(Print name of person responsible for submitting Proposal) (ntle with Proposing Entity) of __________________________ (hereinafter,
"Proposer'') (Print Name of Proposing Entity)
In submitting a Proposal to the City of San Fernando for As-Needed Engineering Proposer Services, I, hereby certify that neither Proposer nor any person who is an officer of, in a managing position with, or has an ownership interest in Proposer has been involved in civil litigation as described, above.

I declare under penalty of perjury that the foregoing is true and correct.

Executed this ___ day of _____ at _________________ _
(month and year) (city and state)
by _______________________________ _
(Signature of Person Responsible for Submitting Proposal on behalf of Proposer) CONTRACT NO. 2359
EXHIBIT "B"
May 19, 2025 CC Regular Meeting Page 486 of 733

CIVIL LITIGATION HISTORY INFORMATION
(1) Name of Case: UM t:TEi:> S,A-,D VS S(.ACll C' y.1 '""rre:. 7l)t.J~l~ Court Case tdentification Number: C, V cl I • S 8 '-4 fl ~ C-, W.. A S '/. (2) Jurisdiction in which case was filed:
\,)N.,:·u:p ~,t=nt:.!:> F'Si)i'2AL ao~l.1"' ~C\SI-\TW"'~ J). "· (3) Outcome of the case: A~ee~SH1"' 11> D6"'vEiop ~,.,D -r>-1f'"'£""£-l'l1 ~F-avr-ce~e14i~6iJ.s,, Cn,rL. i?El..:t::EF" A CT Pot. r-c'l:'F...s ~D YJl:Je(::DJ:2E.S fOR. ~R>~C..~°'-~1"oll.A'4..,~ ~•.!?-MS., fffl Ail"1r~:Z-"Rat:;1'rl//;, Fl:E. Rt.JI.> 2. ....,. (1) Name of Case:

Court Case Identification Number:
(2) Jurisdiction in which case was filed:
(3) Outcome of the case:

DECLARATION
I, R~e:,sa."'t ~ ~i:LM6rt;')e . the '?SZ.GS-rt>~T
(Print name of person responsible for submitting proposal) (Title with proposing entity)
of ~C.>L • ~J..\r-fE To~s;:>J~ ;:N~.
(Print Name of Proposing Entity)
(hereinafter, "Proposer'')
Declare under penalty of perjury that the above information is true and correct. ~~---day of flib. Z.o~s;
(month and year)
at P AC6J;l-1~ •C A:.
(city and state)
'
by:/ __.q_.E::.....µ..--l...~dlt.lllo.!IC,..Jllllo...._.-.i.....,.... _______________ _ of Person Responsible for Submitting Proposal on behalf of Proposer)

END OF DOCUMENT
CONTRACT NO. 2359
EXHIBIT "B"
May 19, 2025 CC Regular Meeting Page 487 of 733
ATTACHMENT 3

FALSE CLAIMS/FALSE CLAIMS ACT CERTIFICATION FORM

CITY OF SAN FERNANDO

CITY HALL
117 MACNEtl STREET
SAN FERNANDO, CALIFORNIA 91340'

FALSE CLAIMS/FALSE CLAIMS ACT CERTIFICATION
(TOWING AND VEHICLE STORAGE SERVICES RFP)
Proposer shall provide either the certification requested below or the information requested on the next page. failure to certify or provide the requested information may result in a determination that the Proposer is non-responsive and City may reject the proposal on this basis. Failure to fully and accurately provide the requested certification or information may result in a determination that the Proposer is not responsible and City may reject the proposal on this basis as well. "False Claims Act'', as used herein, is defined as either or both the Federal False Claims Act, 31 U.S.C. Sections 3729 et seq., and the California False Claims Act, Government Code Sections 12650 et seq.

FALSE CLAIMS ACT CERTIFICATION
If the Proposer has no False Claims Act violations as described above, complete the following:
1, Bo~i.z:r o~t>O:'-\.Ha..:s: o e .am the P it~.S1: 1>,;--t \ (Print name of person responsible for submitting proposal) of \3~'fl.C\!. ~ ""1µ,:~~ 'tb~i:-w ~ :i:t-1 c. ____________ (hereinafter, "Proposer"). (Print Name of Proposing Entity)
{Title with proposing entity)
In submitting a proposal to the City of San Fernando, I, hereby certify that neith~r Proposer nor any person who is an officer of, in a managing position with, or has an ownership interest in Proposer has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act as defined above.

I declare under penalty of perjury that the foregoing is true and correct.

Executed this \ ca day of 'tf:.°6 I z:ozs at .:>~C01:..-\G ' C (.U. a='t,Jl.N r A (month and year) (city and state)
By~~~~~/J.5!:IP~,!::::!! L~.J=--------------------
(Signature of Person Responsible for Submitting Proposal on behalf of Proposer) CONTRACT NO. 2359
EXHIBIT "B"
May 19, 2025 CC Regular Meeting Page 488 of 733

CITY OF SAN FERNANDO

BUSINESS LICENSE TAX CERTIFICATE
Business Name:

Business 1-ocatlon:

BLACK & WHITE GARAGE
10857 SAN FERNANDO RD
PACOIMA, CA 91331-2629
Owner(s): ROBERT ORDELHEIDE

SLACK & WHITE GARAGE
PO BOX 330189
PACOIMA, CA 91333-0298
Business Type:

License Number:

Date Issued:

Expiration Date:

UNKNOWN
02100047
1/1/2024
12/31/2024
THIS LICENSE MUST BE POSTED IN A CONSPICUOUS PLACE AT THE BUSINESS LOCATION.

IT IS NOT TRANSFERABLE OR ASSIGNABLE
BLACK & WHITE GARAGE:

Thank you for your payment on your City of San Fernando Business License.

This License Certificate does not permit any individual, business, or corporate entity, to conduct business activity which would otherwise be prohibited in the City. Payment of a business tax (required by the provisions of the City of San Fernando Municipal Code), its acceptance by the City, and the issuance of a certificate to any person, shall not authorize the holder thereof to carry on any business unless the holder has complied with all requirements of said Code and all other applicable laws. This certificate has been issued without verification that the holder is subject to or exempted from licensing by the state, county, or federal government; or any other government or government agency.

Keep this portion for your license separate in case you need a replacement for any lost, stolen, or destroyed license. A fee may be charged for a replacement or duplicate license. If you have questions concerning your business license, contact the Business Support Center via email at [email protected] or by telephone at (7 4 7) 210-9154.

Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender-based discrimination of business establishments. A full notice is available in English or other languages by going to: https://www.dca.ca.gov/publications/

CITY OF SAN FERNANDO
8839 N CEDARAVE#212
FRESNO, CA 93720

BLACK & WHITE GARAGE
PO BOX 330189
PACOIMA, CA 91333-0298

CITY OF SAN FERNANDO

BUSINESS LICENSE TAX CERTIFICATE
License Number: 02100047
Date of Issue: 01/01/2024
CONTRACT NO. 2359
EXHIBIT "B"
May 19, 2025 CC Regular Meeting Page 489 of 733
2/13/25, 1 :4@ PM Gmail - City of San Fernando - Business License Payment Processed Gmaif Debbie Decorte <[email protected]>
City of San Fernando - Business License Payment Processed 1 message
[email protected] <[email protected]>
To: [email protected]
Thu, Feb 13, 2025 at 1 :47 PM
Thank you for submitting your business license payment online for BLACK & WHITE GARAGE at 10857 SAN FERNANDO RD, PACOIMA, CA, 91331
A member of our staff will be reviewing your account for any other requirements needed for your business category. If there are no other outstanding issues pending resolution, your business license certificate will be sent to you.

If you have questions or need assistance, please contact the Business Support Center at (7 4 7) 210-9154. Our office is open Monday - Thursday, from 8:00 a.m. to 5:00 p.m.

Thank you for doing business in the City of San Fernando! Best Regards,
City of San Fernando, CA
Business License Support Center
*Please note that your business license payment will be listed as "SanFernando CA Bl TAX" on your bank statement. **The one dollar ($1) State Disability Access Education Fee is required for all Business License applications and renewals under California Senate Bill 1186. Under federal and state law, compliance with disability access laws is a serious and significant responsibility that applies to all California building owners and tenants with buildings open to the public. You may obtain information about your legal obligations and how to comply with disability access laws at the following agencies: The Division of the.State Architect at www.dgs.ca.gov/dsa/home.aspx The Department of Rehabilitation at www.rehab.cahwnet.gov The California Commission on Disability Access at www.ccda.ca.gov https:1/mail .google.com/mail/u/0/?ik=87 eb0955ab&view=pt&search=all&permth id=thread-f: 18239803933240 7 4269&simpl=msg-f: 182398039332407 4269 1 / 1 CONTRACT NO. 2359
EXHIBIT "B"
May 19, 2025 CC Regular Meeting Page 490 of 733

FRANCHISE AGREEMENT
FOR
CONTRACT NO. 1740

VEHICLE TOWING AND STORAGE SERVICES

BETWEEN

THE CITY OF SAN FERNANDO
AND
BLACK & WHITE GARAGE, INC.

DATED APRIL 8, 2014
-1-
ATTACHMENT "B"
May 19, 2025 CC Regular Meeting Page 491 of 733

FRANCHISE AGREEMENT FOR

VEHICLE TOWING AND STORAGE SERVICES

THIS FRANCHISE AGREEMENT FOR VEHICLE TOWING AND SECURE
STORAGE SERVICES (THE "AGREEMENT") IS MADE AND ENTERED INTO THIS 8TH DAY OF APRIL, 2014, BY AND BETWEEN THE CITY OF SAN FERNANDO, A CITY CORPORATION ( "CITY"), AND BLACK & WHITE GARAGE, INC. ("FRANCHISEE").

RECITALS
A. City has a regular need for the towing and secure storage services called for in the Towing Program described hereinafter. City lacks the facilities, equipment or personnel to perfonn the services called for in the Towing Program and must contract for such services.

B. Franchisee represents that it possesses the facilities, equipment and personnel necessary to perfonn the services called for in the Towing Program and is qualified to provide such services.

C. City is authorized to enter into this Agreement pursuant to California Vehicle Code Section 12110 and San Fernando City Code Section 90-911.

NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions hereinafter contained, City and Franchisee agree as follows:

ARTICLE 1. AGREEMENT - PURPOSE AND CONTENTS.

1.1. Purpose.

A. City regularly requires motor vehicle towing and storage services, including the removal of abandoned, stolen and damaged vehicles, occasional towing and storage of City owned vehicles and special secmity for vehicles held for the investigation of crimes, pursuant to various provisions of the California Vehicle and other Codes and the San Fernando City Code.

Pursuant to San Fernando City Code Section 90.911, any such services perfonned on behalf of the City or at the request of the San Fernando Police Depaiiment are part of the "Towing Program" of the City.

C. Pursuant to San Fernando City Code Section 90-911 , Franchisee is hereby authorized to perform Towing Program related services ("Towing Services"), as requested by the Chief of Police or his designee, subject to the tenns and conditions set forth herein. -2-
May 19, 2025 CC Regular Meeting Page 492 of 733

1.2. Documents Constituting Agreement.

The City of San Fernando Vehicle Towing and Secure Storage Service Provisions (the "Service Provisions") is attached hereto as Exhibit A and incorporated herein by this reference.

In the event of any conflict between the provisions of the Service Provisions and the provisions of this Agreement, the provisions of this Agreement shall control.

ARTICLE 2. AGREEMENT AND TERM.

2.1. Incorporation of Recitals.

The recitals set forth in full above constitute a material part hereof, and are hereby incorporated by reference as though fully set forth herein.

2.2. Award of Agreement.

City hereby awards Franchisee the non-exclusive right to provide Towing Services, as the same are more particularly described in Section 2.3, pursuant to the tenns set f01ih in this Agreement and any and all applicable provisions of the San Fernando City Code (the "SFCC").

Franchisee shall have, throughout the term of this Agreement, the non-exclusive right to provide Towing Services to City within the corporate boundaries of City as the same now exist, and within any teITitory City hereafter annexes during such term, except to the extent that Towing Services within such annexed tenitory would he unlawful or violate the legal rights of another person.

2.3. Scope of Services.

Franchisee shall provide Towing Services and secure storage services as more particularly described in the Services Provisions attached hereto as Exhibit A and incorporated herein by this reference.

2.4. Effective Date.

This Agreement shall be effective on the date that both paiiies have executed this Agreement, provided that said date is no later than thirty (30) days after the date the City Council, by resolution, approves this Agreement. This Agreement is fmiher contingent upon the filing by Franchisee with the City Clerk of the fully executed Agreement.

2.5. Term.

2.5.1. Initial Term. The term of this Agreement shall commence on March 30, 2014 ("Commencement Date"), and shall continue thereafter for five (5) consecutive years. This Agreement shall expire and terminate at 11 :59 p.m. on March 29, 2019, unless this Agreement has been renewed for a subsequent term as provided for in Section 2.5.2 of this Agreement or earlier terminated as provided in Section 2.6 herein. -3-
May 19, 2025 CC Regular Meeting Page 493 of 733

2.5.2. Renewal Term. Commencing with the date of execution of this ·Agreement, City Council may consider a request from the Franchisee to renew this Agreement for an additional five (5) year term. The extension of the term, if exercised by the City Council, is subject to the following:
(a) Franchisee must file with City, at least one-hundred twenty (120) days prior to the expiration of the then current term, a written request for extension citing this provision; and
(b) The City Council, in the reasonable exercise of its discretion, may approve or deny Franchisee's request upon consideration of Franchisee's past conduct under this Agreement and the applicable provisions of the SFCC. Notwithstanding the foregoing, this Agreement shall remain subject to suspension and/or termination during any renewal term pursuant to the provisions set forth in Section 2.6 herein.

2.6. Suspension and Termination of Agreement.

This Agreement may be suspended and/or terminated by the parties before the expiration of the then current tenn only as follows:

2.6.1. Suspension and/or Termination by City. City may suspend and/or tenninate this Agreement under any of the following circumstances:
(a) For Convenience. City may terminate this Agreement, without cause, at any time by providing Franchisee with one hundred twenty (120) calendar days written notice of City's intent to terminate the Agreement. Upon receipt of such notice from City, Franchisee agrees to cease all work under this Agreement on or before the effective date of such notice. In the event of tennination or cancellation of this Agreement by City, due to no fault or failure of perfonnance by Franchisee, Franchisee shall be paid for Towing Services satisfactorily rendered to the last working day the Agreement is in effect, and Franchisee shall have no other claim against City by reason of such termination.
(b) For Fraud. City may, in its sole discretion, tenninate this Agreement in the event that any of the representations and warranties made by Franchisee in its Proposal or under this Agreement are, or at any time during the term of this Agreement become, materially false or inaccurate. City shall, within thirty (30) calendar days of discovery of fraud or misrepresentation, give notice to Franchisee, in accordance with the procedures of subsection

4.4 of this Agreement, of any suspected materially false or inaccurate representations or warranties made by Franchisee. Franchisee shall have thirty (30) calendar days to provide City with sufficient information showing it has not made any materially false or inaccurate representations or warranties in its Proposal or under this Agreement; absent such information, this Agreement shall be terminated at the conclusion of the 30-day period. ( c) For Default. Subject to the limitations hereafter provided, City may terminate this Agreement for cause if Franchisee:
(i) Fails to provide the equipment, services or perso1mel required by this Agreement, including the Service Provisions; -4-
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(ii) Fails to pay the Franchise Fee in a timely manner; (iii) Assigns or transfers this Agreement, any part thereof or any interest therein without the prior written consent of the City; or (iv) Otherwise breaches the provisions of this Agreement, the Services Provisions or any related documents.

Notwithstanding the foregoing, City may not exercise its rights pursuant to this paragraph unless and until City provides Franchisee written notice of such default in accordance with the procedures set fo1th in Section 4.4 herein, and Franchisee fails to cure such default within thirty (30) days of receipt of said notice.

2.6.2. Termination by Franchisee. Franchisee may tenninate this Agreement, without cause, at any time, by providing City with one hundred twenty (120) days written notice of Franchisee's intention to terminate. Said notice of termination shall clearly set forth the effective date of the termination and shall be delivered to City as set forth in Section 4.4 of this Agreement. Upon the effective date of Franchisee's termination of this Agreement, Franchisee shall relinquish any and all rights it may have under this Agreement, and shall relinquish and lose its status as a provider of Towing Services to City. Notwithstanding the foregoing, termination of this Agreement under this provision shall not release Franchisee from any obligations under this Agreement that, by their express terms, survive te1mination.

2.7. Conflicts with San Fernando City Code.

2.7.1. Conflicts. All provisions of the SFCC applicable to the perfonnance of this Agreement are hereby incorporated by reference as though set fo1th in full, and fonn part of the te1ms and conditions of this Agreement. In the event any conflict arises between the tenns and conditions of this Agreement and the provisions of the SFCC, the tenns of this Agreement shall prevail.

2.7.2. Application of Amendments. Should the SFCC be amended, revised, superseded, or otherwise changed after the effective date of this Agreement, in a manner that would materially affect the tenns and conditions of this Agreement, said amendment, revision or change shall not apply to this Agreement without Franchisee's written consent.

ARTICLE 3. FRANCHISE FEES AND ADMINISTRATION.

3.1. Franchise Fees.

3.1.1. Franchise Fees. Franchisee shall pay to City on a quarterly basis the franchise fees authorized by City Council pursuant to San Fernando City Code section 90-911 and all resolutions authorized thereby. The Franchise Fee, as of the Commencement Date, is $45.00 per vehicle towed, as adopted by the City Council in Resolution 7302 on March 30, 2009.
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3.2. Schedule of Payment.

3.2.1. Payment of Franchise Fees. The first Franchise Fee payment shall be due April 15, 2014, and shall cover the period from the date of this Agreement until March 31, 2014. Thereafter, the Franchise Fee shall be payable quarterly, pursuant to the provisions of Section I(Z) of the Service Provisions. Each such payment shall be accompanied by an accounting, substantially in the form attached hereto as Exhibit B, which sets forth the number of vehicles towed during the preceding quarter.

3.2.2. Effect of Accepting Payment. No acceptance of any payment by City shall be constmed as an accord that the amount is, in fact, the correct amount, nor shall such acceptance of payment be constmed as a release of any claim City may have against Franchisee for any additional sums payable under the provisions of this Agreement.

All amounts paid shall be subject to independent audit and recomputation by City. If, after audit, such recomputation indicates a franchise fee underpayment, Franchisee shall pay to City the amount of the underpayment within ten (10) days of receipt of written notice from City that such is the case.

3.2.3. Remittance. All Franchise Fee payments shall be remitted to City at the following address:

Finance Department
City of San Fernando
117 Macneil Street
San Fernando, California 91340

3.3. Administration.

3.3.1. Designation of Representatives. Each party shall designate a representative to serve as that party's primary contact for the administration of this Agreement at all times during the tenn hereof. City hereby designates the Chief of Police or designee as the City Representative. Franchisee hereby designates Baii ToITes, President, as the Franchisee Representative.

3.3.2. Franchisee Representative. The Franchisee Representative shall be principally responsible for Franchisee's obligations under this Agreement and shall serve as the principal liaison between Franchisee and City. The Franchisee Representative shall be authorized to act in Franchisee's behalf with respect to the services specified herein. The Franchisee Representative shall remain responsible during the tern1 of this Agreement for directing all activities of Franchisee and devoting sufficient time to personally supervise the services hereunder. Designation of another representative by Franchisee shall not be -6-
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made without the prior written consent of City. Unless otherwise specified herein, approval of the Franchisee Representative required hereunder shall be deemed the approval of the Franchisee.

3.3.3. City Representative. The City Representative shall be the primary contract administrator for City. It shall be the responsibility of the Franchisee Representative to assure that the City Representative is kept infonned of the progress of the performance of Towing Services, and Franchisee shall refer any decisions which must be made by City to the City Representative. Unless otherwise specified herein, approval of the City Representative required hereunder shall be deemed the approval of the City.

ARTICLE 4. GENERAL PROVISIONS.

4.1. Insurance.

Franchisee shall, at its sole cost and expense, procure and maintain in full force and effect, throughout the term of this Agreement, inclusive of any renewal term granted by City, insurance that complies with all of the requirements of Section I(K)( 1 )of the Service Provisions, incorporated hereto by reference.

4.2. Indemnification.

The indemnification provisions set forth under Section I(K)(2) of the Service Provisions are incorporated hereto by reference and shall set forth Franchisee's indemnification duties and obligations under this Agreement.

4.3. Assignment or Transfer Prohibited.

The reputation, capability and identity of Franchisee are important and material factors in the award of this franchise. Accordingly, Franchisee shall not assign, sell, subcontract, or otherwise transfer any of its obligations, rights, benefits, or other interests it may have under this Agreement to any other person or entity without the prior written consent of City to such transfer or assignment. City may, in its sole discretion, withhold consent to any sale, assigmnent, or other transfer of this Agreement with or without cause, and may solicit new proposals for the Towing Program. City's consent to a transfer or assignment shall neither relieve Franchisee of its obligations under, nor alter the tenns of, this Agreement. For the purposes of this section, the sale, assigmnent, or other transfer from any person or group of persons collectively having an interest of fifty percent (50%) or more in Franchisee (whether by means of ownership of stock, partnership interests, tenancy, or otherwise) to any other person or entity shall be deemed an assigmnent subject to the provisions of this section. Any attempted or purported assignment, sale or other transfer by Franchisee without the prior written consent of City shall be null, void and of no effect.

4.4. Notices.

Any notice authorized or required to be given by this Agreement shall, unless otherwise specified in this Agreement, be served by personal delivery or by depositing such notice in the -7-
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United States mail with first-class postage prepaid, addressed to the person and addresses listed below for each party, unless written notice is provided by either party as to a change of address for that party:

City: Chief of Police
c/o Support Services Division Commander/Lt. Nichole Hanchett San Fernando Police Department
910 First Street
San Fernando, California 91340
Phone: (81 8) 898-1250
Fax: (818) 361-3697
with a copy to:

City Manager
City of San Fernando
17 Macneil Street
San Fernando, CA 91340
Phone: (818) 898-1200
Fax: (818) 361-763 1
Franchisee: Black & White Garage, Inc.
10857 San Fernando Road
Pacoima, CA 91331
Attn: Bart Ton-es, President
Phone: (818) 896-9511
Fax: (818) 896-1031
For the purposes of this Agreement, notices shall be deemed communicated as follows:
(i) Notices delivered personally shall be deemed communicated as of the date of actual receipt; (ii) Notices sent via regular mail (whether by first class mail, registered mail or certified mail) shall be deemed communicated as of three (3) days after deposit thereof in the United States mail, addressed as shown on the addressee's registry or certificate of receipt; and (iii) Notices sent via Federal Express or similar courier service shall be deemed communicated two (2) days after deposit of such notices with Federal Express or similar courier or one of its agents.

4.5. Authority to Enter Agreement.

City and Franchisee wan-ant that the individuals who have signed this Agreement have the legal power, 1ight, and authority to enter into this Agreement so as to bind each respective party to perfonn the obligations and conditions imposed upon each paity herein.

4.6. Audit of Franchisee's Books and Accounts.

In addition to the requirements of Section I(L) of Exhibit A, Franchisee shall make its books and records available to City during regular business hours, upon 24-hours written notice -8-
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from City, for the purpose of auditing and verifying Franchisees payment of Franchise Fees and compliance with this Agreement.

4.7. Severability.

4.8. Independent Contractor.

Franchisee is, and shall at all times remain as to City, a wholly independent contractor.

Franchisee shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Franchisee shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Franchisee or any of Franchisee's employees, except as set forth in this Agreement. Franchisee agrees to pay all required taxes on amounts paid to Franchisee under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Franchisee shall fully comply with the workers' compensation laws regarding Franchisee and its employees. Franchisee further agrees to indemnify and hold City hannless from any failure of Franchisee to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any compensation due to Franchisee under this Agreement any amount due to City from Franchisee as a result of Franchisee's failure to promptly pay to City any reimbursement or indemnification arising under this Section 4.8.

4.9. No Third Party Beneficiaries.

This Agreement, its provisions, and its covenants, are for the sole and exclusive benefit of City and Franchisee. No other parties or entities are intended to be, nor shall be considered, beneficiaries of the perfonnance by either party of any of the obligations under this Agreement.

4.10. No Waiver.

Any failures or del ays by City in asserting any of its 1ights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies. Delays by City in asse1ting any of its rights and remedies shall not deprive City of its 1ight to institute and maintain any actions or proceedings which it may deem necessary to protect, assert, or enforce any such rights or remedies.
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4.11. Time of the Essence.

Time is of the essence in the performance of this Agreement.

4.12. Modification and Amendment.

This Agreement may not be modified, supplemented, or amended, except by written agreement signed by each of the parties hereto.

4.13. Binding on Successors and Assigns.

This Agreement, and each and every covenant, obligation, and condition herein, shall be binding on and shall inure to the benefit of the successors and assigns of City and Franchisee.

4.14. Institution of Legal Actions.

In addition to any other rights or remedies, either party may institute legal action to cure, conect, or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Los Angeles, State of California, in any other appropriate court in that County, or in the Federal District Court in the Central District of California.

4.15. Attorneys' Fees.

In the evt:nt either patty brings an action at law or in equity, including any action for declaratory relief, to enforce the provisions of this Agreement against the other pa1ty, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees, costs and expenses incurred in connection with the prosecution or defense of such action which may be set by the Court in the same action or in a separate action brought for that purpose, in addition to any other relief to which the prevailing party may be entitled under law.

4.16. Applicable Law.

The laws of the State of California shall govern the interpretation and enforcement of this Agreement.

4.17. Use of Captions.

The use of captions to identify the various aiticles and paragraphs of this Agreement are solely for reference and as a matter of convenience, and in no way bind, emit, or describe the scope or intent of any provision.

4.18. Interpretation.

Accordingly, the rule of construction which provides that all ambiguities in the document shall -10-
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be construed against the drafter of that document shall have no application to the interpretation and enforcement of the provisions of this Agreement.

4.19. Cooperation and Further Acts.

City and Franchisee hereby agree to execute such other instruments and to do such further acts as may be reasonably required by, or necessary to carry out, the provisions of this Agreement.

4.20. Reservation of Rights.

City and Franchisee expressly reserve all rights that they may possess under the law unless expressly waived herein. By entering into this Agreement, neither City nor Franchisee waives any 1ights which it now or may later enjoy under applicable law, and City and Franchisee specifically reserve their rights to take full advantage of any changes in the law during the term of the Franchise.

4.21. Force Majeure
If either City or Franchisee is unable to perfonn its duties under this Agreement due to strikes, lock-outs, labor disputes, inability to obtain labor, governmental restrictions, regulations or controls, civil commotion, fire or other casualty, emergency, or any other cause beyond the reasonable control of either City or Franchisee, such non-performing party shall be excused from the perfonnance of its obligation by the other Party, and shall not be in breach of this Agreement, for a period equal to any such prevention, delay or stoppage.

4.23. Integration.

This Agreement represents the entire and integrated agreement between City and Franchisee and supersedes any p1ior negotiations, representations, or agreements, whether written or oral, with respect to the subject matter hereof.

ARTICLE 5. FRANCHISEE'S REPRESENTATIONS AND OBLIGATIONS.

5.1. Personnel.

Franchisee represents that it has, or shall secure at its own expense, all personnel required to perform the Towing Services contemplated by this Agreement. Franchisee may associate with -11 -
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or employ associates or subcontractors in the perfonnance of the Towing Services upon obtaining the prior written approval of City to such association or subcontract, but shall remain, at all times, primarily responsible for the performance of the Towing Services.

5.2. Governing Requirements.

Franchisee shall operate its tow service and shall perfonn all Towing Services required of it under the terms of this Agreement in full compliance with the regulations set forth in this Agreement, including the Service Provisions, and all applicable federal, state and local laws.

5.3. Performance and Operational Standards.

Franchisee shall perfonn the Towing Services in accordance with the standards set forth under federal, state and local law and in the Service Provisions. Franchisee shall at all times comply with such operating standards, noticing requirements and service requirements mandated under Article 1 of Chapter 10 of Division 11 of the California Vehicle Code (Vehicle Code section 22650 et seq.) including but not limited to those operating standards, noticing requirements and service requirements set forth under Vehicle Code sections 22655.5(c), 22658, and 22699. The failure to abide by such operating standards, noticing requirements and/or service requirements shall constitute an Event of Default under this Agreement.

5.4. Rates and Charges.

5.5 Prohibited Employment.

In addition to all other conditions of approval, the City Council of the City of San Fernando has also conditioned approval of this Agreement on Franchisee's compliance with the following: To the fullest extent permitted by law, under no circumstances may Franchisee do any of the following during the term of this Agreement or any Renewal Tenn as the same are defined under Section 2.5 of this Agreement, above: (i) employ or offer employment to any person who is cmTently employed by the City of San Fernando; (ii) employ or offer employment to any former employee of the City of San Fernando whose employment ended or was otherwise tenninated (for whatever reason) less than one year from the date the fonner employee is employed or offered employment by Franchisee; (iii) engage any employee of the City of San Fernando or offer to engage any employee of the City of San Fernando as an independent contractor or agent of Franchisee; and/or (iv) engage or offer to engage any former employee of the City as an independent contractor or agent of Franchisee where such engagement or offer to engage is made less than one year from the date the former employee's employment with the City of San Fernando ended or was otherwise terminated (for whatever reason). -12-
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ARTICLE 6. SIGNATURES.

6.1. Counterpart Originals.

This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, City and Franchisee have caused the within Agreement to be duly executed by their respective officers.

ATTEST:
- ~--fl,(J_t.J_Jd_ ~_
1 -----tt-_ (SEAL)
City Clerk

CITY OF SAN FERNANDO
A Municipal Corporation
FRANCHISEE:

BLACK & WHITE GARAGE, INC.

By: ____ ______ ___ _ _ _
Name: - ---------- - --- Title: - ---- ---- - - - --- - -14-
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IN WITNESS WHEREOF, City and Franchisee have caused the within Agreement to be duly executed by their respective officers.

ATTEST:
_______ __ (SEAL)
City Clerk
APPROVED AS TO FORM:

City Attorney

CITY OF SAN FERNANDO
A Municipal Corporation
Sylvia Ballin, Mayor
FRANCHISEE:

BLACK & WHITE GARAGE, INC.

Name:

By: ~~ "'BA Q...""\"" , o \2-rc-E... ':::.

Title: 'y '(-<--'::> \ OCN'\ ,, C t.-0
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EXHIBIT A

VEHICLE TOWING AND SECURE STORAGE

SERVICE PROVISIONS
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I. GENERAL PROVISIONS
A. SERVICES TO BE PERFORMED
The Franchisee shall furnish towing and storage services for vehicles seized, impounded or otherwise caused to be removed from the highways or from public or private property by the San Fernando Police Department (SFPD). Towing services shall include, but not be limited to, removal of wrecked vehicles and debris resulting from accidents, preliminary work necessary to towing, including removal of vehicles from ditches or separation of entangled vehicles, removal of vehicles for criminalistics and/or evidentiary purposes as directed by SFPD personnel, other impoundment of vehicles as directed by SFPD, and necessary service to heavy duty vehicles on the highways.

B. CONDUCT
The Franchisee shall conduct business in an ethical, lawful and orderly manner so as to maintain the confidence of the community. While Franchisee is an independent contractor, each contact it has with the public may reflect upon the City. For that reason, and the inherent potential for conflict in vehicle removal and storage, Franchisee and its employees must maintain a fair, impartial, and reasonable attitude, and perform its duties in a courteous manner.

Statements and actions of the Franchisee and its employees must be the result of considered judgment and absent of personal opinion or bias.

The Franchisee, when notified by the Chief of Police or his or her designee of any complaint of discourtesy by the Franchisee's employee(s), shall investigate and respond in writing to the Chief of Police or his or her designee within ten (10) calendar days of receipt of notification of the complaint. Franchisee's response shall include the results of its investigation and, if the complaint is found to be true, what measures the Franchisee took to address said complaint and prevent future complaints on the same issue.

C. REGULATION
The Franchisee shall comply with all applicable, federal, state and local laws, ordinances, rules and regulations, shall make all reports required by the State of California Vehicle Code, and shall follow all rules or regulations which the SFPD may prescribe governing the conduct of Franchisee's operations under the Franchise Agreement.

D. COOPERATION
Tow unit operators shall abide by the lawful decisions of all peace officers and law enforcement employees of the City of San Fernando and shall cooperate in removing and/or in impounding vehicles.

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E. SUPERVISION
The Franchisee shall comply with all reasonable regulations imposed by the City on the Franchisee's performance pursuant to the Franchise Agreement. The Franchisee shall further make all records, equipment and storage facilities related to Franchisee's perfonnance under the Franchise Agreement available for periodic inspection by the Chief of Police or his or her designee to determine if the garage is in compliance with the rules and regulations of the City.

Inspections may occur at any time and Franchisee shall in good faith cooperate with any City inspection of its facilities or equipment to assist the City in verifying compliance with this Agreement, the Service Requirements, other related documents and all state laws governing the performance of tow services.

F. PRIORITY AND RESPONSE TIME
The Franchisee shall furnish such services as requested by the SFPD and noted in the Franchise Agreement at any time during the day or night and shall:

1. Give priority to City calls when requested;

2. Maintain sufficient personnel and equipment to provide for a maximum response time of fifteen (15) minutes, except as otherwise provided herein;

3. Notify the SFPD upon receipt of request for tow when a tow unit cannot respond immediately and give an estimated time of an-ival;

4. If the Franchisee is unable to respond within the maximum response time and/or there is a potential public safety issue detennined by SFPD at the site of the incident that requires immediate removal and/or relocation of a vehicle(s), then the Franchisee's identified subcontractor will be contacted by the Franchisee to immediately assist SFPD and ensure the subject vehicle(s) removal and/or relocation; and

5. The Franchisee shall provide immediate response whenever requested to respond to the scene where a child is locked in a car or other emergency of such type.

G. ADMINISTRATION
The SFPD shall administer the Franchise Agreement on behalf of the City and the Franchisee shall abide by the directions and decisions of Police Department perso1mel at the scene of a call.

H. SETTLEMENT OF DISPUTES
Should there be any dispute between the Franchisee and owner of the vehicle over charges made for services rendered under the Franchise Agreement, such dispute shall be decided by the SFPD Chief of Police or his or her designee and the Franchisee shall make no A-3
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demands upon the owner of the vehicle for a sum in excess of the amount determined to be reasonable by the Chief of Police or his or her designee. The Chief of Police or his or her designee may hold an administrative hearing if any party to the dispute so requests.

I. CITY NOT LIABLE
Neither the City nor the SFPD shall be responsible to the Franchisee for payment of towing, removal, or storage charges. The Franchisee shall look to the owner of the vehicle for payment of applicable fees.

J. REPORTS TO BE MADE TO CITY
The Franchisee shall provide the SFPD on the fifteenth (15th) day of each month with a written list of all vehicles removed or impounded during the past month pursuant to the Franchise Agreement. This list shall include vehicle owner's name and address (if known), vehicle make, license and motor number, and Police DR number. The Franchisee shall also provide at the same time, a list of all vehicles cunently on the Franchisee's premises that were removed from a traffic accident site handled by the SFPD. This list shall also include vehicle license number, date of storage, reason for storage, and Police DR number, if applicable. An explanation of each tow requiring an excess of one hour shall be provided. The report shall also contain a list of the tow unit operators that were employed by the Franchisee during any period of that reporting month, the list shall contain the tow unit operator's name, operator's license number, classification, and its expiration date.

Franchisee or his/her designee shall sign the monthly repo1i.

Franchisee shall notify the Chief of Police or his or her designee in writing of any sale or disposal of a fo1merly stored vehicle or vehicle part to an individual known to the Franchisee designee or his employees as a City employee.

K. INSURANCE AND INDEMNITY REQUIREMENTS
I. Insurance: The Franchisee shall produce and maintain for the duration of the Franchise Agreement the insurance as required in this section. Franchisee shall not commence work under this Agreement until proof of all required insurance has been provided to and accepted by the City. The Franchisee shall file with the SFPD Chief of Police a policy or duly authorized ce1iificate of public liability insurance insuring the City of San Fernando, its officers, agents and employees, against liability. Franchisee shall maintain limits no less than:
a. Workers' Compensation Insurance: as required by the State of California, and Franchisee's liability insurance, with limits not less than $1,000,000 each accident. The workers' compensation policy shall be endorsed to contain a waiver of subrogation in favor of the City for all work perfonned by the Franchisee under this Agreement.

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b. Garage Liability Insurance: at least as broad as Insurance Services Office (ISO) occurrence Form CA 00 05 with Broadened Coverage - Garage Endorsement (CA 25 14). Such insurance shall include coverage for liability arising out of garage operations with limits not less than $1,000,000 each accident and $2,000,000 in aggregate, and automobile liability coverage for owned, hired and non-owned automobiles with limits not less than $1,000,000 each accident. The insurance shall also include Garagekeepers Liability coverage for each location the Franchisee may utilize to provide service under this contract with limits of not less than $1,000,000 per location.
c. As an alternative to the requirements in paragraph b above, Franchisee may provide a combination of Insurance Services Office (ISO) Commercial General Liability coverage (occurrence Form CG 00 01), including coverage for bodily injury, property damage, and personal and advertising injury with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of not less than $1,000,000 per occurrence and $2,000,000 in aggregate and Insurance Services Office (ISO) Fonn CA 00 01 covering Automobile Liability, code 1 (any auto, owned, hired and non-owned automobiles or other licensed vehicles) with limits of $1,000,000 per accident for bodily injury and prope1ty damage. The insurance shall also include Garagekeepers Liability coverage for each location the Franchisee may utilize to provide service under this contract with limits of not less than $1,000,000 per location.
d. On Hook Physical Damage Liability Insurance with limits not less than $500,000 per vehicle.
e. Deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers or (b) the Franchisee shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim adminish·ation, and defense expenses.
f. Other insurance provisions: The policies are to contain, or be endorsed to contain, the following provisions:

Proof of this coverage must be in the form of an additional insured endorsement to the Franchisee's insurance using ISO CG 20 10 11 85 or its equivalent language. If coverage is provided in the fonn of a Garage Liability Policy, such policy shall be endorsed to include equivalent additional insured status to the City of San Fernando, its officers, officials, employees and volunteers.

11. For any claims related to this project, the Franchisee's insurance coverage shall be primary insurance as respects the City of San Fernando, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Franchisee's insurance and shall not contribute with it. m. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, reduced in coverage or in limits, or cancelled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of San Fernando. g. Subcontractors: Franchisee shall include all subcontractors as insureds under its policies or require and verify that all subcontractors maintain insurance meeting all the requirements of this Agreement. h. Verification of Coverage

1. Franchisee shall furnish the City with original certificates and endorsements, including amendatory endorsements, affecting coverage required herein. All certificates and endorsements must be received and approved by the City of San Fernando before work commences under the Franchise Agreement. The City reserves the right to require complete, certified copies of all required insurance policies and endorsements required by these specifications at any time during the tenn of this contract. Neither the failure of the Franchisee to supply required proof of coverage, nor the failure of the City to approve same shall alter or invalidate the provisions of this contract.

11. The Franchisee shall submit evidence of appropriate replacement or renewal coverage for all required insurance that expires or is cancelled during the term of the Contract. Such evidence shall be provided to the City no later than 15 calendar days prior to the expiration or termination of coverage. If operator fails to maintain the required insurance in full force and effect, all work under this Contract shall be discontinued immediately, and all payments due A-6
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or that become due to Franchisee shall be withheld until City receives required evidence that coverage has been restored. iii. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. 1v. All policies required pursuant to this section shall be submitted to the San Fernando City Attorney for approval as to form.

2. Indemnification.
a. Franchisee agrees to indemnify, defend and hold harmless the City, its elected officials, officers, agents and employees ("Indemnities"), at Franchisee's sole expense, from and against any and all loss, liability, penalties, forfeitures, claims, actions, suits or other legal proceedings of any kind asse1ied against the City, its elected officials, officers, agents, and employees arising out of the perfonnance of Franchisee, its employees, representatives, agents, and sub operators under this agreement, excepting only such claims or actions which may arise out of sole or active negligence of the City, its elected officials, officers, agents and employees. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Franchisee, its employees, and/or authorized sub operators, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents, and employees based upon the work perfonned by the Franchisee, its employees, and/or authorized sub operators specifically named or otherwise· asserted to be liable. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Franchisee's proposal, which shall be of no force and effect.
b. The Franchisee's obligation to defend, hold hannless, and indemnify shall not be excused because of the Franchisee's inability to evaluate liability or because the Franchisee evaluates liability and determines that the Franchisee is not liable to the claimant. The Franchisee must respond within thirty (30) days to the tender of a claim for defense and indemnity by the City, unless this time has been extended by the City. If the Franchisee fails to accept or reject a tender of defense and indemnity within thi1iy (30) days, in addition to any other remedy authorized by law, as much of the money due the Franchisee by virtue of the Franchise Agreement as shall reasonably be considered necessary by the City may be retained by the City until final disposition has been made or the claim or suit for damages, or until the Franchisee accepts or rejects the tender of defense, whichever occurs first.

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c. With respect to third party claims against the Franchisee, the Franchisee waives any and all rights of any type to express or implied indemnity against the Indemnities.
d. Separate Counsel: City may elect to have separate legal counsel from Franchisee at any time at its sole discretion, and in such case Franchisee will pay one-half (1 /2) of all fees and costs and charges for such separate legal counsel.
e. Subcontractors: Franchisee shall require all subcontractors to enter into an Agreement containing the provisions set forth in this subsection K(2) in which Agreement the subcontractor fully indemnifies the City in accordance with this Agreement.
f. Exception: Notwithstanding Subsections K(2)(a)-(b) above, Franchisee's obligation to indemnify, hold hannless and defend the City, its officers and employees shall not extend to any loss, liability, penalty, claim, damage, action or suit arising or resulting solely from acts or omissions constituting willful misconduct or sole negligence on the part of the City, its officers or employees.
g. Damage by Franchisee: If Franchisee's employees or subcontractors cause any injury, damage or loss to City property, including by not limited to City streets or curbs, Franchisee shall reimburse City for City's cost of repairing such injury, damage or loss. Such reimbursement is not in derogation of any right of the City to be indemnified by Franchisee for any such injury, damage or loss. With the prior written approval of City, Franchisee may repair the damage at Franchisee's sole cost and expense. h. Tort Claims Act: This Agreement shall in no way act to abrogate or waive any immunities available to the City under the Tort Claims Act of the State of California.

L. FRANCHISEE'S RECORDS AND BOOKS; INSPECTIONS AND AUDITS Franchisee shall maintain the books and records of each tow or storage as required by Vehicle Code section I 0650 and any other state law or regulation and this Agreement. All records, equipment, and storage facilities shall be open to periodic inspection by the SFPD perso1mel or its designated representative. Any deficiencies shall be corrected as soon as practicable upon request of the SFPD. Franchisee shall permit and facilitate any inspections or audits that City may require.

Franchisee acknowledges, understands and agrees that any and all records provided to the City or otherwise maintained in compliance with Vehicle Code section 10650 may be subject to production to third-parties under the California Public Records Act (Government Code section A-8
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6250 et seq) and City reserves right to produce such records to the extent City, in its discretion, determines that such records are subject to disclosure.

M. IMPOUND REPORTS
A Franchisee tow unit operator shall sign and complete the necessary portions of the impounding employee's Impound Report. The impounding employee shall retain the original copy of the Impound Report. Franchisee shall retain a copy of the Impound Report for two years. The garage's copy of the Impound Report shall be used to record the vehicle release informatio'n in the appropriate space provided in the Impound Report.

N. NOTIFICATIONS
The Franchisee's employees while acting within the course of their employment shall cause the appropriate law enforcement agency to be notified without delay whenever they become aware of a possible crime or other activity requiring action by law enforcement personnel. The Franchisee shall notify SFPD in w1iting on a weekly basis of the following:

1. All vehicles originally impounded by a public agency but that have remained in storage beyond seven calendar days.

0. STORAGE
Storage shall commence at the time the vehicle arrives at the Franchisee's storage facility. Charges for vehicle storage shall be based on the rates established pw-suant to section II(C) below. The daily rate extends from midnight to midnight of the following day.

Exceptions:

1. When a release request is made within the first "hour of storage", the storage fee shall be waived.

2. Per SB 887 (1992, Lockyer), when a release request is made within 24 hours, only one day's storage shall be charged regardless of the calendar date.

3. When a release request is made between 7 p.m. and 12 a.m. (midnight), one day's storage fee shall be waived providing such release occurs within the mandatory release hours (7 a.m. to 7 p.m.,) of the following day.

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P. LIEN ON STORED VEHICLES
The SFPD personnel who is requesting the impound shall be responsible for establishing that "probable cause" exists to impound the vehicle in question. When "probable cause" is lost prior to a vehicle being removed to a Franchisee facility, no lien shall be attached and no fee shall be charged for the field release of a vehicle to a properly interested person.

Q. DISPUTES AND INJURIES
The Chief of Police or his or her designee has the authority to settle all disputes arising from actions by the Franchisee, The decision of the Chief of Police or his or her designee shall be binding on all parties involved. Inquiries pertaining to the conduct, practices, and regulation of the Franchisee may be referred to the City of San Fernando Police Department, 910 First Street, San Fernando, California, 91340; (818) 898-1267.

R. CITY VEHICLES
The Franchisee shall provide, at no cost to City, routine roadside service, including but not limited to towing service, to all vehicles owned by the City of San Fernando up to and including one (1) ton rated vehicles at the request of the Chief of Police Chief or his or her designee whenever such vehicles require such service within the City of San Fernando or within five (5) road miles of the corporate limits of the City.

S. TRAFFIC ACCIDENT SCENE CLEANUP
At the request of the SFPD, the Franchisee shall dispatch a tow unit to the scene of a traffic accident and shall remove all glass and debris deposited upon the roadway. Franchisee shall provide traffic accident scene cleanup services to City free of charge.

T. FAX MACHINE
The Franchisee shall maintain a fax machine or similar transmittal device at all times during the term of the Franchise Agreement.

U. TOXIC MATERIALS
City will not knowingly require the Franchisee to pick up, store or dispose of any toxic or hazardous materials, except for those nonnal fluids associated with motor vehicles.

V. COST TO CITY
Unless otherwise provided in the Franchise Agreement, any towing and storage expenses for which the City is financially responsible pursuant to the Franchise Agreement, including A-10
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towing or storage of City-owned vehicles, shall be billed to the City at no more than 50% of the rate authorized by the Franchise Agreement.

W. COLLECTION OF FEES
The Franchisee shall collect all fees (including the Vehicle Release Fee) imposed by the City upon vehicles that the City causes to be towed, stored, or impounded. This money shall be paid to the City on a monthly basis.

X. PERMITS AND CERTIFICATES
The Franchisee shall secure and maintain any licenses, permits, or certificates required by federal, state and local law. The Franchisee shall secure and maintain such City business license as required by the San Fernando City Code. In addition, Franchisee shall keep informed of and comply with the requirements of all federal, state, county and City laws, ordinances, and regulations applicable to the work perfonned under the Franchise Agreement.

Y. BACKGROUND INVESTIGATION AND FEE REQUIRED
Prior to the award of the Franchise Agreement, the SFPD shall conduct or have conducted a background investigation of the business, its principals, and its tow truck drivers.

The Franchisee awarded the Franchise Agreement shall be responsible to notify the SFPD whenever a new driver is assigned to tow requests from SFPD. All new tow drivers shall be subject to background investigation. Franchisee shall provide the names, birth dates and other necessary infonnation on all employees of Franchisee who are perfonning services under this Agreement sufficient to pennit the City to make background checks as required herein.

Franchisee shall pay a fee of $25.00 to the City, as set by City Council Resolution No. 7553, for each tow truck driver's background check. Franchisee shall ensure that all other fees required by any suppo1iing agencies to complete each tow truck driver's background check Z. FRANCHISE FEES
The Franchisee shall pay to the City on a quaiierly basis the Franchise Fee authorized by City Council, pursuant to San Fernando City Code Section 90-91 1 and all resolutions authorized thereby. Pursuant to Resolution No. 7302, adopted by the City Council on March 30, 2009, the Franchise Fee in effect as of the date of this Agreement is $45.00 per vehicle towed.

The Franchise Fee payment of $45.00 per vehicle towed shall be paid on a quarterly basis with payments received no later than April 15, July 15, October 15, and January 15 of each year.

Failure to make Franchise Fee and business license tax payments may be cause for termination of the Franchise Agreement.

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II. TOWING PROVISIONS
A. PLACE TO WHICH VEHICLES SHALL BE TOWED
Any vehicle towed pursuant to the Franchise Agreement shall be taken to such place as the owner or driver of the vehicle directs. When impounded by the SFPD it shall be taken to the storage lot designated by SFPD. If neither the owner nor the driver nor SFPD specifies a destination, is unable to do so, or is not at the scene of removal, the Franchisee shall tow the vehicle to Franchisee's Primary Storage Facility. In no case shall Franchisee use coercion or pressure of any kind upon the owner or driver of a vehicle to have the vehicle towed to Franchisee's own storage yard or garage.

B. EVIDENCE TO BE SAFEGUARDED
The Franchisee shall take all reasonable precautions required by the SFPD to avoid damage to any evidence or impounded vehicles such as fingerprints or stains. Vehicles taken into custody that involve such evidence shall be stored in the Investigative Hold Area, as defined hereinafter, and shall be secured from access by unauthorized persons. Vehicles stored for prints shall be protected from dust and dirt or deterioration of evidence by the sun or other elements.

C. TOWING AND STORAGE CHARGES; BILLING
Franchisee shall charge the rates established by Official Police Garages Los Angeles ("OPGLA") for Towing and Storage, as those rates may be amended from time to time. Upon the effective date of any increase in OPGLA's rates for Towing and Storage, Franchisee's rates shall increase to match OPGLA's rates. Such an increase shall not require approval of the City Council and shall occur automatically upon the effective date of the OPGLA rate increase. The foregoing notwithstanding, Franchisee shall provide City with written notice of any increase in the OPGLA rates within seven (7) calendar days from the effective date of such increase. The most up-to-date schedule of rates shall be clearly and conspicuously posted at all of Franchisee's facilities so that members of the public are made aware of such rates. The schedule shall also indicate the effective date of such rates and a copy of the schedule shall be provided to any member of the public, including any official or employee of the City upon demand either verbally or in writing.

Towing charges commence at the time a tow unit actually proceeds to a call for service and tenninate at the time the tow unit returns to the Primary Storage Facility.

Except as provided by the approved rates herein, no additional charges shall be made for special equipment or service necessary to prepare vehicles for towing.

All bills for towing and storage shall be itemized.

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III. STORAGE PROVISIONS
The Franchisee shall provide a total storage capability of not less than 60 vehicles including five (5) vehicles within an enclosed investigative hold area. Based on future needs of the SFPD, the Franchisee shall ensure that they are able to expand total storage capability to 85 vehicles including the five (5) vehicles within an enclosed investigative hold area. The increased vehicle storage capacity can be addressed entirely on a Primary Storage Lot or through the use of Primary Storage Lot and a Secondary Storage Lot.

A. PRIMARY STORAGE LOT
The Franchisee shall at all times provide and maintain a Primary Storage Facility with a minimum storage capacity of 65 vehicles including an investigative hold area for 5 vehicles dedicated to the storage of vehicles from SFPD pursuant to the Franchise Agreement. The Primary Storage Facility shall be no more than five (5) miles from the San Fernando Police Depa1tment's office building.

The storage lot, or Primary Storage Facility if more than one such lot is maintained, shall be:

1. Immediately adjacent to or contain office facilities.

2. Adequate in size to accommodate all:
a. "Hold" vehicles;
b. Late model vehicles;
c. Specially equipped vehicles; and
d. Vehicles to be released immediately to owners.

3. Entirely surfaced with either concrete or asphalt material.

4. Free of holes or areas that are decomposed or broken.

5. Clean and free of litter, debris, or weeds.

6. Include on-site lighting that provides easy visibility to all areas of the lot while eliminating spill over onto neighboring properties.

7. Sized and dimensioned to afford safe access to all vehicles.

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B. INVESTIGATIVE HOLD AREA AND VEHICLES
The Franchisee shall maintain an area at its Primary Storage Facility for vehicles held for criminalistic and/or evidentiary examinations, which has a minimum vehicle storage capacity of five (5) vehicles. This Investigation Hold Area shall:

1. Have a fully enclosed structure and be capable of providing protection from the natural elements.

2. Be fenced and gated (so as to prohibit entry by unauthorized persons as prescribed by the Chief of Police or his or her designee) with remote access controlled by the dispatcher.

3. All entries shall be documented to identify the vehicle seen, the person entering, and the date and time the person entered the Investigative Hold Area.

4. The Investigative Hold Area's storage capacity shall be capable of holding ten (10) vehicles at any one time.

5. The only persons authorized to enter an Investigative Hold Area are the Franchisee employees and concerned law enforcement employees.

6. Garage employees shall not remove property from vehicles being held for criminalistic and/or evidentiary purposes.

7. Vehicles stored in an Investigative Hold Area shall not be removed from the area until authorized by the responsible SFPD personnel/investigator.

8. Once an investigative hold has been released on a vehicle it shall be immediately removed from the Investigative Hold Area.

9. The date and time of removal and the removing employee's identity shall be recorded on the Franchisee records.

Vehicles being held for Vehicle Code (VC) 22651 (0) (No Current Registration); VC 22651 (P) (Unlicensed Driver); VC 22651 (i) Unpaid Parking Citations); or VC 10751 (Altered Identification Number) (hereafter referred to as "statutory holds") need not be stored in the Investigative Hold Area but shall be stored in the same manner as vehicles available for release, unless there is an additional hold for criminalistic or evidentiary examinations. Garage employees may remove unattached personal property for safekeeping when a vehicle is being held exclusively for statutory hold. Any statutorily held vehicle shall not be available for release until authorized by the concerned governmental agency employee or the Area Vehicle Coordinator.

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C. SECONDARY STORAGE LOTS
All Secondary Storage Facilities proposed by the Franchisee shall be inspected and approved by the Chief of Police or his or her designee prior to use. A Secondary Storage Facility is a designated location used by the Franchisee as a yard or lot for the temporary storage of impounded vehicles. All Secondary Storage Facilities shall be within five (5) miles of Franchisee's Primary Storage Facility. All Secondary Storage Facilities must be fenced for maximum security and lighted during the hours of darkness to afford illumination of all stored vehicles. Secondary Storage Facilities shall only be used to store vehicles with appraised values under One Thousand Dollars ($1,000.00). A Secondary Storage Facility may be used for emergency temporary storage of vehicles with appraised values over One Thousand Dollars ($1,000.00) with the prior written approval of the Chief of Police or his or her designee, but in such cases, an attendant must be on duty at the facility for security. The location where vehicles are stored within a Secondary Storage Facility shall be accurately recorded on the garage's impound records.

D. STORAGE OF VEHICLES
All vehicles towed or stored by the Franchisee under the Franchise Agreement shall be kept within the Primary or Secondary Storage Lot when under direct supervision. At no time shall such vehicles be parked or stored or left standing on any public street or alley. Undamaged vehicles shall be segregated from wrecked or junk vehicles and shall be kept in the primary lot.

All vehicles shall be systematically parked and sufficiently separated to preclude the probability of damage. Unobstructed access shall be provided to all stored vehicles. Vehicles shall be parked and separated to preclude the possibility of damage. Security provisions shall be implemented at all Secondary Storage Facilities to prevent the loss or theft of personal property or vehicle parts. Secondary Storage Facilities shall provide safe access to all stored vehicles and shall be kept clean and free oflitter, debris, and weeds. Lighting of such lots shall be adequate to ensure required security of stored vehicles and eliminate light spill over onto neighboring properties. The Franchisee shall provide security to all primary and secondary storage facilities sufficient to reasonably preclude theft or damage to stored vehicles and as hereinafter provided.

E. ENCLOSING OF STORAGE AREAS
Unless otherwise provided by applicable City regulations, all outdoor areas used for storage shall be enclosed with a solid wall, chain link or wrought iron style fence at least six (6) feet in height, having a gate or door of adequate width and equivalent height. The fence shall be covered from public view. The bottom edge of any such fence or wall, including all gates or doors, shall be maintained in such a maimer as to prevent unauthorized entry. All wall or fence enclosures shall be maintained in good condition throughout the tenn of the Franchise Agreement; any damage shall be repaired promptly within twenty-four (24) hours of notice of such damage.

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F. OFFICE
The office space at the Primary and Secondary Storage Facilities shall be neat in appearance, clean and painted. A waiting area shall be provided for customers with adequate restroom and other facilities for the customers' comfort.

G. RESPONSIBILITY FOR VEHICLE, ACCESSORIES, AND PERSONAL

PROPERLY
The Franchisee shall be responsible for vehicles and accessories while in Franchisee's possession. The Franchisee shall also be responsible for personal prope1ty left in the vehicle at the time possession of that vehicle is taken. All property left in a vehicle should be listed on the California Highway Patrol 180 fonn. No articles shall be removed without first obtaining written authorization from an SFPD officer. Any aiticles removed for any reason shall be noted by the authorizing SFPD officer. The Franchisee shall maintain a record of the identity of all persons who have entered a stored vehicle for the purpose of accessing unattached personal property. The record shall also include the date of entry and a description of any property removed. Unattached personal property may be removed for safekeeping by garage employees, but only from available for release and statutorily held vehicles. When the Franchisee's personnel removes unattached personal property for safekeeping from a vehicle, the following shall occur:

1. Record a description of the removed property on the corresponding copy of a garage impound report.

2. Implement controls to info1m Franchisee's office personnel responding to public inquiries that personal property has been removed from a vehicle.

3. Cause the property to be individually packaged and identified.

4. Provide a secure location for the storage of the prope1ty to preclude loss, theft or damage.

5. lnfonn properly interested persons that prope1ty has been removed and how they may obtain possession of that property.

H. PROTECTION AND HANDLING OF VEHICLES
It is the responsibility of the Franchisee to protect all vehicles, vehicle parts and/or attached accessories impounded by peace officers or City law enforcement personnel until such time the vehicles have either been released to properly interested persons or have been disposed of tlu·ough legal process.

Vehicle parts and/or attached accessories shall not be removed from an impounded vehicle with a criminalistic/evidentiary hold on the vehicle without the prior approval of the A-1 6
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concerned law enforcement personnel. The Franchisee's garage employees from other impounded vehicles may remove vehicle parts and/or attached accessories for safekeeping.

When the Franchisee's employee removes vehicle parts and/or attached accessories for safekeeping from a vehicle it shall:

1. Record a description of the removed vehicle parts and/or attached accessories on the corresponding copy of the garage impound report.

2. Implement controls to inform the Franchisee's office personnel responding to public inquiries that vehicle parts and/or attached accesso1ies have been removed from a vehicle.

3. Cause the vehicle parts and/or attached accessories to be individually packaged and identified.

4. Provide a secure location for the storage of the vehicle parts and/or attached accesso1ies to preclude loss, theft or damage.

5. Infonn properly interested persons that parts and/or attached accessories have been removed and how they may obtain possession of that property.

The release of impounded vehicles that are available for release shall be the responsibility of the Franchisee. Criminalistic/evidentiary or statutorily held vehicles shall not be available for release until SFPD personnel has given written autho1ization to the Franchisee.

The Franchisee, at its P1imary Storage Facility, shall prepare, maintain, and post in a conspicuous place, clearly visible to the public·, a notice outlining procedures and the required documentation necessary for properly interested persons to obtain possession or remove unattached personal property from a stored vehicle and/or to view or photograph a stored vehicle within twenty-four (24) hours of making such a request.

Vehicle inventories, when conducted by Franchisee employees, shall only be conducted within the confines of a storage facility and in the presence of a witnessing employee.

I. RELEASE OF VEHICLES
A dispatcher shall be responsible for releasing vehicles between the hours of 7 a.m. and 7 p.m., seven (7) days a week, every day of the year and may, at his or her discretion, release vehicles between the hours of 7 p.m. and 7 a.m. Any vehicle impounded in connection with a special event, as designated by the Chief of Police or his or her designee, shall be available for release for a minimum period of four ( 4) hours following the conclusion of the special event.

For the purposes of this provision, "special event" shall include DUI checkpoints, parades, et cetera.

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J. REGULATION
Franchisee shall comply with all federal, state and local laws, ordinances, rules and regulations and shall make all reports required by the State of California Vehicle Code and shall follow all reasonable rules or regulations that the SFPD may, from time to time, prescribe governing the conduct of the Franchisee's operations under the Franchise Agreement.

K. FRANCHISEE REQUEST TO CHANGE RA TES AND CHARGES
Franchisee may submit to the Chief of Police a written request for a change of rates. All requests for rate adjustment shall set forth Franchisee's current rate charges and the proposed charges. Verifiable profit or loss information may be required prior to any rate adjustment. If the City of San Fernando, in its sole discretion, decides to amend the rates for towing and storage of vehicles to a different rate than the OPGLA rates, it shall give Franchisee written notice of its intention to adopt an amended schedule and negotiate with Franchisee for a period of no less than 60 days before a new schedule is enacted. Any amended schedule of rates shall be approved by the City Council.

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IV. STAFFING PROVISION
A. SUFFICIENT PERSONNEL
Franchisee shall have sufficient personnel on duty at all times to:

1. Receive calls from the SFPD communications center;

2. Dispatch tow units;

3. Provide security at all storage sites; and,

4. Provide such services as may be required under the Franchise Agreement B. DISPATCHER
A dispatcher shall be on duty in Franchisee's office seven (7) days a week, twenty-four (24) hours a day, every day of the year. A dispatcher shall receive calls from SFPD and its co1mnunications center, dispatch tow units, provide security for stored vehicles, and perform such other tow related services as may be required by the Chief of Police or his or her designee.

A dispatcher shall be responsible for releasing vehicles between the hours of 7 a.m. and 7 p.m., seven (7) days a week, every day of the year and may, at his or her discretion, release vehicles between the hours of 7 p.m. and 7 a.m. Any vehicle impounded in connection with a special event, as designated by the Chief of Police or his or her designee, shall be available for release for a minimum period of four ( 4) hours following the conclusion of the special event, regardless of the time of day the special event concludes. A dispatcher and/or other Franchisee employees providing service to the public shall wear a nametag/badge with their name and/or have their first name conspicuously imprinted on their unifo1m. Franchisee shall be responsible to provide the nametag.

C. TIMEKEEPING AND DELAYS
Franchisee shall record the following times pertaining to law enforcement and City agency tow service request by means of a time clock:
l. The time that the request for tow service is received;

2. Time that a tow unit is assigned the call for service and given the location of the requested service;

3. The time that a tow unit arrives at the location ofrequested service; and,

4. The time that a tow unit returns to Franchisee Facility with the vehicle.

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Franchisee shall ensure that a sufficient number of tow units and tow unit operators are available at all times to meet the needs of all SFPD personnel, other law enforcement agencies, and City departments that rely upon it for tow service. Within ten (10) minutes of the receipt of a request for tow service from SFPD or its communications center, an available, unassigned tow unit and operator shall be dispatched and shall immediately proceed to the location of the requested service. Franchisee shall advise the communications center when a tow unit cannot be dispatched within ten (10) minutes and shall give the reason why the tow unit cannot be dispatched and an estimated time of dispatch. Once dispatched, a tow unit operator shall respond to an assigned call by the most direct and expeditious route.

EXCEPTION: Orders to remove abated vehicles or vehicle parts from private property shall be executed by the ordered Franchisee within forty-eight ( 48) hours of receiving such notification.

D. OPERATORS
Franchisee shall employ no person as a tow unit operator until he or she possesses the appropriate class of California driver's license and medical certificate, if required, for the type of tow unit being operated. Tow unit operators shall wear a uniform approved by the Chief of Police or his or her designee whenever they are performing services in response to a call from the City of San Fernando. A nametag/badge identifying the operator by first name shall be worn on the operator's outer most shirt or jacket.

V. VEHICLES AND EQUIPMENT PROVISIONS
A. TOW UNITS RADIO EQUIPMENT
Franchisee may equip tow units and facilities with radio equipment capable of receiving police calls, police frequency and/or local government frequencies. On those trucks that primarily operate after normal business hours, Franchisee may also have transmitting capabilities on local government frequencies for emergency contact with SFPD communications center.

B. DISPATCHER'S OFFICE RADIO COMMUNICATIONS
Franchisee dispatcher's office shall be equipped to receive "police calls." Priority shall be given to calls from SFPD or its communications center. In the event that multiple agency requests for services are received at the same proximate time, the Franchisee dispatcher shall assign response priority to the request of the most urgent nature based upon infonnation the dispatcher has received. Franchisee tow units may be equipped to monitor "police calls" while acting within the course and scope of their designated responsibilities after obtaining a permit from the Chief of Police or his or her designee.

1. Tow Trucks.
a. Franchisee shall maintain a minimum of two (2) with a minimum 19,500 Gross Vehicle Weight (GVW) manufacturer rated tow trucks with wheel A-20
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lift capabilities. The main winch( es) shall be either mechanically or hydraulically driven and shall have a single or combined capacity of at least four (4) tons at bard drum or one (1) wrap of cable with a minimum of one hundred feet (100') of cable. Wheel lifts shall be rated at a minimum of 4,000 pounds lift capacity.

Each such tow truck shall be equipped with a snatch block, dollies, one (1) ton floor jack and J/T hook chain assemblies.

Franchisee shall maintain a minimum of two (2) 19,500 - 26,000 GVW manufacturer rated car carrier. T he main winch(es) shall be either mechanically or hydraulically driven and shall have a single or combined capacity of at least four (4) tons at bare drum or one (1) wrap of cable with a minimum of fifty feet ( 50 ') of cable.
b. Official heavy-duty tow units will be requested by SFPD or its communication center when the vehicle to be towed possesses one or more of the following: three or more axles; a gross weight, laden or unladen, in excess of 10,000 pounds; or a combination of commercial trailers. Franchisee may subcontract for heavy-duty tow services. The subcontractor shall meet the standards set forth in the Franchise Agreement.
c. Franchisee shall equip and maintain all tow trucks and other vehicles owned by Franchisee in full compliance with the California Vehicle Code and the California Administrative Code, as the same now require and as they may from time to time be amended in the future; and the Service Provisions, and to obtain and pass an inspection by the California Highway Patrol, Motor Carrier Division for each tow truck. d. All trucks used in performing towing services under the Franchise Agreement shall conform to all requirements of the State of California Vehicle Code and shall comply with the following:

1. Truck bodies shall be painted and kept clean and in good repair, free of dents;

11. The cab interior shall be kept clean;
111. The tow truck bed shall be kept clean and equipment shall be properly mounted and maintained;
1v. Tail lamps, stop lamps and turn signal lamps with electrical extension cord shall be operable and shall be used on all towed vehicles; and,
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May 19, 2025 CC Regular Meeting Page 526 of 733
V. Each tow vehicle shall carry the following equipment:
(a) State approved air tank or air transfer system
(b) Flashlight or portable light
(c) Floor jack - 1-ton minimum capacity
(d) Gasoline container - 2 ½ gallon minimum capacity
(e) Lug wrench - 4-way and wrench for foreign cars
(f) Water container - 3-gallon minimum capacity
(g) Battery booster and cables
(h) Axe
(i) Sledge
G) Flares
(k) Bolt cutters
(I) Pry bar
(m) 25 foot recovery chain
(n) Trash can and absorbent.

C. TOW TRUCK PARKING
Franchisee shall at all times provide sufficient off-street parking spaces for the parking and storage of vehicles and other equipment used in the performance of the Franchise Agreement.

D. TOW UNIT MARKINGS
Each tow unit shall be marked as required by California Vehicle Code section 27907.

Lettering shall be at least two and one-half (2 ½) inches, but not in excess of four ( 4) inches, in height. Tow units may be marked with an official seal of the City of San Fernando in a conspicuous place as reviewed and approved by the Chief of Police or his or her designee.

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May 19, 2025 CC Regular Meeting Page 527 of 733

EXHIBITB

TOWING PROGRAM FRANCHISE FEE
BLACK & WHITE GARAGE, INC.

QUARTERLY STATEMENT
B-1
May 19, 2025 CC Regular Meeting Page 528 of 733

CITY OF SAN FERNANDO TOWING PROGRAM

FRANCHISE FEE QUARTERLY STATEMENT
BLACK & WHITE GARAGE, INC.

REPORTING PERIOD - - ----- --- - -

FEE COMPUTATION
Based on Customers within City of San Fernando

1. TOTAL NUMBER OF VEHICLES TOWED THIS QUARTER ____ _

2. Franchise Fee ($45.00 X line 1) $ ----

READ CAREFULLY BEFORE SIGNING
I hereby certify under penalty of perjury under the laws of the State of California that the above infonnation is correct and the fee calculations are true to the best of my knowledge.

Signature Title Date
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May 19, 2025 CC Regular Meeting Page 529 of 733

TABLE OF CONTENTS
Page
ARTICLE 1. Agreement - Purpose and Contents ......................................................................... 2

1.1 Purpose ................................................................................................................................. 2

1.2. Documents Constituting Agreement.. ................................................................................. 3 ARTICLE 2. Agreement and Term ............................................................................................... 3

2.1. Incorporation of Recitals ..................................................................................................... 3

2.2. Award of Agreement. .......................................................................................................... 3

2.3. Scope of Services ................................................................................................................ 3

2.4. Effective Date ..................................................................................................................... 3

2.5. Term .................................................................................................................................... 3

2.5.1. Initial Term .................................................................................................................. 3

2.5.2. Renewal Tenn .............................................................................................................. 4

2.6. Suspension and Termination of Agreement.. ...................................................................... 4

2.6.1. Suspension and/or Tennination by City ...................................................................... 4

2.6.2. Termination by Franchisee .......................................................................................... 5

2.7. Conflicts with San Fernando City Code ............................................................................. 5

2. 7 .1. Conflicts ....................................................................................................................... 5

2.7.2. Application of Amendments ........................................................................................ 5 ARTICLE 3. Franchise Fees and Administration .......................................................................... 5

3.1. Franchise Fees ..................................................................................................................... 5

3. 1.1. Franchise Fees .............................................................................................................. 5

3.1.2. Franchise Fee Adjustment.. .......................................................................................... 6

3.2. Schedule of Payment. .......................................................................................................... 6

3.2.1. Payment of Franchise Fees .......................................................................................... 6 3 .2.2. Effect of Accepting Payment. ...................................................................................... 6

3.2.3. Remittance ................................................................................................................... 6

3.3. Administration .................................................................................................................... 6

3.3.1. Designation of Representatives .................................................................................... 6

3.3.2. Franchisee Representative ........................................................................................... 6

3.3.3. City Representative ......................... ............................................................................. 7 ARTICLE 4. General Provisions ................................................................................................... 7

4.1. Insurance ............................................................................................................................. 7

4.2. Inde1nnification ................................................................................................................... 7

4.3. Assignment or Transfer Prohibited ..................................................................................... 7

4.4. Notices .............................................. .................... .............................................................. 7

4.5. Authority to Enter Agreement ............................................................................................ 8

4.6. Audit of Franchisee's Books and Accounts ........................................................................ 8

4.7. Severability ......................................................................................................................... 9

4.8. Independent Contractor. ................................... ................................................................... 9

4.9. No Third Party Beneficiaries .............................................................................................. 9

4.1 0. No Waiver ......................................................................................................................... 9 May 19, 2025 CC Regular Meeting Page 530 of 733

4.11. Time of the Essence ........................................................................................................ 1 0

4.12. Modification and Amendment ........................................................................................ 1 0

4.13. Binding on Successors and Assigns ................................................................................ 10

4.14. Institution of Legal Actions ............................................................................................ 1 0

4.15. Attorneys' Fees ............................................................................................................... 1 0

4.16. Applicable Law ..................................................... ............ .............................................. 10

4.17. Use of Captions ............................................................................................................... 10

4. 18. Interpretation ................................................................................................................... 10

4.19. Cooperation and Further Acts ......................................................................................... 11

4.20. Reservation of Rights ........... ...................................................................................... ..... 11

4.21 . Force Majeure ................................................................................................................. 11

4.22. Incorporation by Reference ............................................................................................. 11

4.23. Integration .................................................................... ................................................... 11 ARTICLE 5. Franchisee's Representations and Obligations ...................................................... 11

5.1. Personnel ........................................................................................................................... 11

5.2. Governing Require1nents .................................................................................................. 12

5.3. Perfonnance and Operational Standards ........................................................................... 12

5.4. Rates and Charges ............................................................................................................. 12 ARTICLE 6. Signatures ............................................................................................................... 13

6.1. Counterpa1i Originals ........................................................................................................ 13 11 May 19, 2025 CC Regular Meeting Page 531 of 733
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2 (
10186
) LOS ANGELES POLICE COMMISSION BOARD

RULES GOVERNING TOW OPERATIONS AND TOW OPERATORS'
The following Rules, in addition to State and City Laws, shall govern towing operations and tow operators:

DEFINITION: Properly interested persons are the legal owners and their agents, registered owners, lessees and persons last having lawful possession of the vehicle and who are in possession of the keys to the vehicle and have identification. Such persons are presumed to be properly interested persons as that term is used in these rules.

RULE #1: Every tow operation shall display at the business location the permittee's name and business name and address of the business. The lettering shall be a minimum of two inches (2"} in width and six inches (6") in height. It shall be clearly visible and legible from the street at all times, including the hours of darkness.

RULE #2: Every permittee, employee or agent shall maintain all towed and impounded vehicles in his care and custody within the confines of his storage facility and not upon the public streets, sidewalks, or public property.

RULE #3: Every permittee, employee or agent who removes a vehicle from private property without the knowledge or consent of the properly interested person shall cause a written inventory to be made describing the condition of the vehicle. Any damage to the vehicle shall be described in this inventory. In the event the vehicle has been opened by the permittee, employee or agent, the inventory shall also include a complete listing of all property contained therein. A copy of this inventory shall be made available to the properly interested person.

RULE #4: Every permittee, employee or agent who impounds a vehicle from private property shall obtain authorization, in writing, from the property owner, lessee or his employee who is present at the time of impound. Authority to make such impounds may not be delegated to a tow operation. California Vehicle Code Section 12110 prohibits tow operations from providing, and any person or public entity from accepting, any direct or indirect commission, gift, or any compensation whatever from a towing operation in consideration for arranging or requesting the services of a tow car.

RULE #5: Every permittee, employee or agent who removes a vehicle from private property without the properly interested person's knowledge or consent shall cause said vehicle to be available for release:
(a) During a minimum period of four (4) hours after impounding or towing said vehicle from private property; (b} At the set fee recorded with the Board of Police Commissioners for towing and storage. (1) Storage charges shall be based on daily rates.
(2) If a request to release a vehicle is made within eight hours from the time the vehicle is brought into the storage facility, regardless of the calendar date, only one day's storage will be ch~rged.

RULE #6: No permittee, employee or agent impounding a vehicle from private property, without the properly interested person's consent, shall tow a vehicle a distance gr,eater than 2.5 miles without special permission from the Towing Coordinator, Commission Investigation Division.

RULE #7: Every permittee, employee or agent who, within the City of Los Angeles, impounds a vehicle from private property without the properly interested person's knowledge or consent shall cause the Vehicle Processing Unit, Los Angeles Police Department, to be notified as soon as possible and in l')O event no later than thirty (30} minutes after taking control of. the vehicle. If, after 120 hours from taking control of the vehicle, the properly interested person has not contacted the permittee, and the permittee does not know and is unable to ascertain the identity of or contact the properly interested person, the permittee shall ensure that provisions of California Vehicle Code Section 22853 are followed.

RULE #8: No permittee, employee or agent shall impound a vehicle from private property which is not clearly posted in compliance with Vehicle Code Section 22658. Every permittee, employee or agent responsible for impounding a vehicle from legally posted private property shall, upon request, furnish to the properly interested person the name and legal address of the person, company or corporation authorizing the impound in order that the vehicle owner may effectively fulfill his legal recourse provided for in Vehicle Code Section 22658.

RULE #9: Every permittee, employee or agent in tne process of impounding a vehicle from private property, which has not been removed from the property and is not in transit to the tow yard, shall, upon request of a properly interested person, release the vehicle at the scene without charge. A towing company may, however, impose a service charge of not more than twenty dollars ($20.00) for the towing of a vehicle at the request of the owner of private property or the owner's agent if a properly interested person returns to the vehicle before it is completely removed from the private property. Non-payment of a service charge for a vehicle not in transit shall not authorize an impound to continue. Charges for the towing and storage of vehicles removed from private properly without the knowledge or consent of the properly interested person shall not exceed the rates for towing and storage established by the Board of Police Commissioners for the Official Police Garages.

RULE #10: It shall be the duty of the tow operator to request and remain at the location for the arrival of the police whenever a properly interested person arrives before the vehicle has completely left the scene, and the properly interested person either disputes the tow operator's authority to tow the vehicle or believes that no towing fee should be charged. There shall be no additional clharge for the time required for the arrival of the police or any additional time required by the police to resolve the matter. After the tow operator has been notified by the properly interested person that the police have been summoned, the tow operator shall remain at the location for not less than 30 minutes. If the police do not arrive within the 30-minute period, the tow operator may continue with the tow.

RULE #11: Each permittee shall at all times keep the permit and copy of these Board Rules and Regulations posted in a conspicous place on the premises. In addition, each tow operator must have a copy of these Board Rules in his possession when operating a tow unit to enable him to inform the properly interested person of the tow operator's legal authority and responsibilities. These rules shall be presented to the properly interested person in the event of a dispute regarding the removal of the vehicle.

RULE #12: The permittee, his managers, and employees, while engaged in the business of tow service operation, shall extend to the general public and law enforcement officers courtesy and cooperation at all times.

May 19, 2025 CC Regular Meeting
ATTACHMENT "C"

Page 532 of 733 ends

San Fernando City CouncilMay 19, 2025

San Fernando City Council
May 19, 2025