City of Simi Valley
Staff Report
To:
Fr
om:
Subject:
May 4, 2026
City Council
City Manager’s Office
Heather Sumagaysay, Deputy City Manager
Award of contracts for vehicle t owing and secure storage services (RFP No. CM 26-01)
R
ecommendation
I
t is recommended that the City Council:
1. A
ward contracts to Roy’s Towing, Inc. and Swink’s Towing for v ehicle towing and secure storage services, each with a five (5)-year term from May 4, 2026 through May 3, 2031 with a not-to-exceed compensation amount of $40,000 (for City-paid services) and extension options up to two (2) additional one (1)-year terms; and
2. A
uthorize the City Manager or designee to approve non -material contract amendments within the scope of the agreements, including incorporation of Council- approved appropriations and exercise of term extensions up to (2) additional one-(1) year terms.
B
ackground
T
he City of Simi Valley (City) requires towing and secured vehicle storage services to support Simi Valley Police Department operations, including vehicle impounds, traffic collision response, and towing of City-owned vehicles.
T
he City Council has previously approved contracts for these services to ensure continuity of operations. On August 29, 2011, the City Council awarded five (5)-year agreements for towing and secured vehicle storage services, with provisions for extensions. Subsequently, on January 28, 2019, the City Council approved updated agreements for these services, also structured as five-year terms with extension options.
P
rior agreements have expired and to ensure the City’s ongoing needs are met, the City conducted a Request for Proposals (RFP) No. CM 26-01 for vehicle towing and secure storage services to ensure continued service reliability, regulatory compliance, and alignment with current operational needs (Attachment A).
Agenda Item No.
Consent (5)
Discussion
Proposals were solicited on January 29, 2026, through RFP No. CM 26- 01, and two (2) proposals were received on March 5, 2026, the RFP submission deadline, from the following proposers:
1) Roy’s Towing, Inc. (Roy’s Towing)
2) Double J Enterprises, Inc., DBA Swink’s Towing (Swink’s Towing)
A multi -departmental committee comprising representatives from the City Manager’s Office, Administrative Services Department, and Police Department evaluated the proposals. Each firm was scored against nine weighted criteria, including understanding of the statement of work (10%); approach and work plan (15%); capability and key service personnel (15%); equipment and fleet (10%); facilities and location (10%); response and availability (15%); cost proposal compliance and reasonableness (15%); prior experience and references (5%); and compliance, reporting, and environmental record (5%).
Both proposals were determined to be responsive to the RFP requirements and demonstrated the ability to meet the City’s operational, regulatory, and service expectations, maintained service continuity with updated administrative controls, and ensured the City’s towing needs are met without guaranteeing a fixed share of calls to any contractor. Pursuant to Section I of the RFP, the City of Simi Valley intends to award two Towing Services Agreements on an on- call basis. After completing the evaluations, the c ommittee recommended Roy’s Towing, Inc. and Swink’s Towing for the award (Attachments A and B).
Each agreement has a five (5)-year term from May 4, 2026 through May 3, 2031, with a not-to-exceed compensation amount of $40,000 (for City-paid services) and extension options up to two (2) additional one (1) -year terms. T he contracts cover City-paid City Vehicle Tows and vehicle owner-paid non-City tows.
The agreements include important consumer protections and regulatory requirements.
Towing and storage rates for non-City vehicles are capped based on California Highway Patrol-approved maximums and must remain consistent with the lowest comparable rates charged under government agreements within Ventura County. These provisions help ensure that fees charged to the public remain fair, reasonable, and consistent with regional standards.
The proposed agreements provide on-call towing and secured storage services for both City-owned and privately owned vehicles. Services include not only towing, but also secure vehicle storage, evidence handling, and compliance with applicable State laws and law enforcement procedures. Under the RFP, the City may award more than one agreement. If multiple providers are selected, tow service requests will be assigned by Police Department dispatch based on operational needs, availability, performance, and safety considerations.
2 The agreements are non-exclusive, and the City retains full discretion to request services from other qualified providers as needed to meet operational demands. Unlike prior towing service contracts, which divided the City into two towing districts along the east curb of Sycamore Drive, the new contracts create a citywide rotation. Calls may be routed to any contracted or qualified provider, and no minimum number of calls or guaranteed revenue is specified. This approach improves service flexibility, respon se times, and overall operational efficiency.
The contracts allow the City to suspend a contractor from receiving tow requests if response or compliance standards are not met. The City also retains the ability to utilize other providers if a contractor is unable to meet response or service requirement s, ensuring continuity of operations and public safety.
The agreements also include updated administrative provisions that set invoice requirements for City Vehicle Tows (Attachment A , Section 4.F). Invoices must include the contractor’s contact information, invoice number and date, the requesting department, relevant reference numbers, the origin and destination, detailed service times, vehicle information, itemized charges, and the total amount due. Non-compliant invoices may be returned for correction, and payment is not considered received until a compliant invoice is submitted. Contractors must maintain supporting records to satisfy audit requirements.
Additionally, the agreements establish clear performance expectations. Contractors are required to prioritize City -initiated calls when requested, provide immediate response to emergency situations (such as a child locked in a vehicle), and maintain suffic ient personnel, equipment, and facilities to meet a target response time of approximately 20 minutes for service calls, consistent with RFP requirements.
The agreements require contractors to maintain insurance coverage and indemnification provisions consistent with City standards, helping to mitigate risk and protect the City from liability associated with towing and storage operations.
Financial Impact
The cost of this action is included in the Police Department’s operating budget. Each agreement includes a not -to-exceed amount of $40,000 for City Vehicle Tows. There is no fiscal impact to the City for Non-City Vehicle Tows, as those costs are paid directly by vehicle owners. No additional appropriation is required . Funding for future years will be considered and subject to City Council approval as part of the annual budget process.
City Council Priority
This item supports the Excellent City Government priority by reinforcing transparency, integrity, and accountability in public service.
3 Suggested Motion
I
move to:
1. A
ward contract agreements to Roy’s Towing, Inc. and Swink’s Towing for Vehicle Towing & Secure Storage Services, each with a five (5) year term beginning May 4, 2026 through ending May 3, 2031, with a not-to-exceed amount of $40,000, including an option to renew for two (2) additional one (1) year terms; and
2. A
uthorize the City Manager or designee to approve any subsequent contract amendments to incorporate future budgeted funds into the contract amount, and to extend the contract for two (2) additional one (1) year terms in accordance with the contract terms.
S
ummary
The City of Simi Valley conducted a competitive procurement process to secure reliable towing and secured vehicle storage services. Roy’s Towing, Inc. and Swink’s Towing are recommended for the award under RFP No. CM 26-01 (Attachments A, B, and C). Each agreement has a five -year term beginning May 4, 2026 and ending May 3, 2031, with a not-to-exceed amount of $40,000, including an option to renew for two (2) additional one (1) year terms.
Unlike prior towing service contracts, which divided the City into two towing districts along the east curb of Sycamore Drive, the new contracts create a citywide rotation. Calls may be routed to any contracted or qualified provider, and no minimum number of calls or guaranteed revenue is specified. This approach improves service flexibility, response times, and overall operational efficiency. The contracts allow the City to suspend a contractor from receiving tow requests if response or compliance standards are not met.
The City also retains the ability to utilize other providers if a contractor is unable to meet response or service requirements, ensuring continuity of operations and public safety.
The agreements also include updated administrative provisions that set invoice requirements for City Vehicle Tows, and establish clear performance expectations.
Staff recommends that the City Council award the agreements and authorize the City Manager or designee to approve any subsequent contract amendments to incorporate future budgeted funds into the contract amount, and to extend the contract for two (2) additional one (1) year terms in accordance with the contract terms.
P
repared by: Heather Sumagaysay, Deputy City Manager
Attachments:
Attachment A – RFP No. CM26-01_Towing and Storage Services Attachment B – Agreement with Roy’s Towing, Inc.
Attachment C – Agreement with Swink’s Towing
4 REQUEST FOR PROPOSALS
FOR
VEHICLE TOWING & SECURE STORAGE SERVICES, RFP NO. CM 26-01 The City of Simi Valley invites your company to submit a Proposal to provide Vehicle Towing & Secure Storage Services, RFP No. CM 26-01. Additional information may be obtained by contacting:
Purchasing Agent
Administrative Services Department
2929 Tapo Canyon Road
Simi Valley, CA 93063
[email protected]
(805) 583-6887
Sealed proposals must be received at or before 3:30 P.M. on March 5, 2026, by the City Clerk’s Office, 2929 Tapo Canyon Road, Simi Valley CA 93063. A copy of the Request for Proposal may be viewed and downloaded at www.simivalley.org/BidsAndProposals. Please mark the outside of the envelope (and express shipment, if applicable):
REQUEST FOR PROPOSALS FOR VEHICLE TOWING & SECURE STORAGE SERVICES, RFP NO. CM 26-01
3:30 P.M. on MARCH 5, 2026
LATE PROPOSALS WILL NOT BE ACCEPTED.
Sincerely,
Purchasing Agent
Attachment A
5 RFP NO. CM 26-01
CITY OF SIMI VALLEY
CITY MANAGER’S OFFICE
REQUEST FOR PROPOSALS FOR VEHICLE TOWING & SECURE STORAGE SERVICES, RFP NO. CM 26-01
TABLE OF CONTENTS
REQUEST FOR PROPOSAL ACKNOWLEDGEMENT FORM……………………………………1 PROPOSAL INFORMATION…………………………………………………………………………..2
PROPOSAL REQUIREMENTS………………………………………………………………………16
PROPOSAL TERMS AND CONDITIONS..…………………………………………………………21 STATEMENT OF PROPOSER’S QUALIFICATIONS AND REFERENCES……………………23 EXHIBIT A – CONTRACT SAMPLE…………………………………………………………………25
EXHIBIT B – COST PROPOSAL….…………………………………………………………………35
EXHIBIT C – INSURANCE REQUIREMENTS..……………………………………………………36
6 RFP NO. CM 26-01
SUBMIT WITH PROPOSAL
1 CITY OF SIMI VALLEY
REQUEST FOR PROPOSAL ACKNOWLEDGEMENT FORM
PROPOSALS ARE DUE NO LATER THAN 3:30 P.M. ON MARCH 5, 2026.
The City of Simi Valley is seeking proposals from qualified firms to provide Vehicle Towing and Secure Storage Services, RFP NO. CM 26-01.
1. Submit three (3) original Proposals of the Technical Qualifications and three (3) Proposals for the Cost Proposal in separate envelopes to:
City Clerk’s Office
2929 Tapo Canyon Road
Simi Valley, CA 93063
2. Proposer must honor proposal prices for 90 days.
3. Proposals must include this Proposal form and be signed by the vendor's authorized representative.
4. Award of a contract, if any, will be made by the City Council based upon the criteria set forth in this Request for Proposal and will be made based upon the qualifi cations, rather than lowest price.
PROPOSER TO READ
I have, read, understood, and agree to the terms and conditions on all pages of this Request for Proposal. The undersigned agrees to furnish the commodity or service stipulated on this Proposal as stated above.
____________________________ __________________________________ Name (Print) Company
____________________________ ________________________________ Title of Person Signing Proposal Address
____________________________ ________________________________ Signature Company Phone No.
7 RFP NO. CM 26-01
2 PROPOSAL INFORMATION
The City of Simi Valley requests proposals (Proposals) for the following purpose according to the terms and conditions attached. In the preparation of this Request for Proposal (“RFP”), the words "Proposer", "Contractor”, "Consultant", “Firm”, or “Vendor” are used interchangeably.
I. Introduction/Background:
The City of Simi Valley (City) is a General Law City with a population of approximately 126,380 people and an approximate area of 42.4 square miles. The City’s Police Department (Department) has oversight of the towing function for vehicles that are operated by citizens, residents, or City -owned vehicles, including the Department’s vehicles. Most of the City's towing requests are initiated by the Department, which averages approximately four (4) tow requests per day , or approximately 1,460 tows per year throughout the City . The City’s Department is, therefore, requesting proposals (Proposals) from service providers for two (2) distinct tow services, Non-City Vehicle Tow and City Vehicle Tow , and storage service (the “Services”), which are commonly required in the daily operation of the City and the Department. Such vehicles are operated by citizens or residents for a lawf ully necessitated purpose, or tows of any City-owned vehicles operated by the Department or other authorized City Staff members. The different Services are described below:
A. Non-City Vehicle Tow
Non-City Vehicle Tow entails the tow of a citizen or resident's vehicle whether called for by a representative of the Department , or other authorized City Staff members (including, but not limited to, the Public Works Department), conducting work in their official capacity. The circumstances Non-City Vehicle Tow request s may occur includes vehicles involved in collisions that cannot be driven from the scene, vehicles driven by individuals who are arrested or cited by the Department, abandoned, disabled, and/or oversized vehicles [including Recreational Vehicles (RVs)], vehicles used in the commission of a crime, vehicles impounded as evidence in a crime , and other circumstances requiring the Service.
B. City Vehicle Tow
City Vehicle Tow includes the towing of any City -Owned vehicles, including the Department vehicles. City Vehicle Tow will be requested by a representative of the Department, or other authorized City Staff members (including, but not limited to, the Public Works Department), conducting work in their official capacity. The circumstances City Vehicle Tow requests may occur includes mechanical breakdowns (including, but not limited to, transmission, motor, battery, or electronic), any situations where a City -Owned vehicle is rendered inoperable, and other unforeseen circumstances requiring this Service.
The City intends to award one or more Towing Services Agreement (Agreement). If multiple agreements are awarded, the City will assign services on an on-call basis. The City reserves the right to award one (1) or more Agreements. Assignment of towing requests among awarded providers will be made in the City’s sole discretion based on operational needs, 8 RFP NO. CM 26-01
3 availability, performance, and public safety considerations. Nothing in this RFP guarantees any Proposer a minimum number of calls, rotation frequency, or share of towing requests.
The term of the Agreement will be for five (5) years upon Council approval, with the option to renew for two (2), one (1) year terms, for a maximum seven (7) year contract term.
Unless otherwise specified in the Agreement, if a conflict exists between the Agreement and the RFP regarding operational requirements or service specifications, the RFP controls. If a conflict exists regarding legal terms, risk allocation, compensation or rate limitations, or interpretation, the Agreement controls.
II. Objective(s):
To obtain one or more towing service providers for the City to perform the Services, as stated in this RFP.
III. Statement of Work:
The following items should be considered as a framework for the Services’ scope of work to be used in the proposal preparation.
A. Proposer Duties
1. Proposer's primary duty will be to respond, on a first priority basis, to requests for towing services generated by the Department. Proposer must have, at a minimum, two (2) tow trucks available at all times to respond to requests from the Department. Proposer must also respond to towing requests from other City staff members, who are duly authorized by law, and conducting work in their official capacity to remove vehicles for storage, investigations, or both.
2. Proposer must undertake and complete these services to conclusion, using that standard of care, skill, and diligence normally provided by a professional person in performance of similar contracting services.
3. While Proposer has custody of vehicles, P roposer will be responsible for its safekeeping, including contents, until it has been released to the owner or owner's agent, or otherwise dispositioned according to the law.
4. Proposer will maintain a current list of all tow vehicle operators with the Department, and notify the Department within seven (7) calendar days of any changes to an operator’s status. Proposer’s employees will meet the following requirements:
a. All operators are required to complete and sign the Tow Operator/Driver Information Sheet (CHP 234F). Failure to disclose any felony and/or misdemeanor convictions will be cause for denial of a CHP 234F. If an operator refuses to complete and sign this form, such operator will not 9 RFP NO. CM 26-01
4 be permitted to respond to calls from the City.
b. Proposer must have a sufficient number of properly licensed ( CVC §12520), trained, and qualified employees (CVC §13377) to perform the services described in this R FP. Although Proposer may reta in a disqualified employee, Proposer must not use or dispatch the disqualified employee for a service that Proposer provides to the City pursuant to the Contract (CVC §2432.3).
c. Proposer will have all tow truck drivers involved with City tow operations participate in a controlled substance and alcohol -testing (CSAT) program.
d. Tow truck drivers will be at least 18 years of age and will possess the proper class of license and endorsements for the towed and towing vehicle.
e. Proposer, manager, and all tow truck drivers will be enrolled in the Employer Pull Notice (EPN) program.
f. Proposer will provide a current list of managers and drivers, and a copy of the current EPN report, or in the case of a newly hired tow truck driver, proof of enrollment in the EPN program, for all managers and drivers to the City during the enrollment period.
g. Proposer’s signed and dated EPN report will be kept on file in Proposer’s office.
h. Upon the addition of new managers or drivers, Proposer will be granted a maximum of 30 days to enroll drivers in the EPN.
i. Proposer will, at minimum, maintain the following information for each employee:
i. Full name.
ii. Date of Birth.
iii. California Driver’s License Number.
iv. Copy of valid medical certificate (if required).
v. Job title/description.
vi. Current home address.
vii. Current home phone number.
viii. Type of truck the driver has been trained and instructed to operate (i.e., type of licensing, and truck classification).
j. Tow truck drivers will perform all towing and recovery operations in the safest and most expedient manner possible.
k. Proposer’s tow truck drivers will wear appropriate safety garments (e.g., vests, jackets, shirts, retro -reflective clothing) for daylight and hours of darkness in accordance with California Code of Regulations, Title 8, Section 1598. If the tow truck driver is working on a Federal-aid highway, the operator will comply with the guidelines contained in the Federal Code of Regulations, Title 23, Highways, Chapter 1, Federal Highway Administration, Department of Transportation, Part 634, Worker Visibility, which requires high-visibility personal protective safety clothing to be worn that meets the Performance Class 2 or 3 requirements of the ANSI/ISEA 107-2004 (compliance date of November 24, 2008).
10 RFP NO. CM 26-01
5 l. While involved in tow operations for the City, Proposer and/or its employee(s) will refrain from any acts of misconduct including, but not limited to:
i. Rude or discourteous behavior.
ii. Lack of service, selective service, or refusal to provide service that the operator is capable of performing.
iii. Any act of workplace harassment, sexual harassment, or sexual impropriety.
iv. Unsafe driving practices.
v. Exhibiting any objective symptoms of alcohol or drug use. The operator/tow truck driver will submit to a preliminary alcohol - screening test upon demand of a Department Officer if an odor of an alcoholic beverage is detected upon their person.
vi. The City reserves the right to conduct random quality of service audits with tow customers on the performance of tow truck drivers employed by Proposer.
vii. Proposer and its employees, while acting in the course of their employment, will 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.
5. The release of vehicles will be conducted in accordance with the Department’s procedures.
6. Proposer will be responsible for towed vehicles and accessories while in Proposer’s possession. Proposer will 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, or Versaterm computer entry. No articles will be removed without first obtaining written authorization from the Department Officer. Any articles removed for any reason will be noted by the authorizing Department Officer. The Proposer will 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 will also include the date of entry and a description of any property removed.
7. Proposer is required to remit to the City the balance of all outstanding parking violations from the proceeds of each lien sale vehicle. Such fees are collectable by the City as a secondary lien holder from surplus lien sale monies in the manner prescribed by State law [CVC §22851.1 (b)]. Parking citation inquiries will be directed to the City’s Department of Administrative Services, Customer Services Division.
8. City will not knowingly require Proposer to pick up, store, or dispose of any toxic or hazardous material, except for those normal fluids associated with motor vehicles.
11 RFP NO. CM 26-01
6 B. Requirements
1. Performance
a. Proposer will give priority to City calls, when requested. Proposer will provide immediate response to calls that involve a child locked in a vehicle or other emergency.
b. Proposer must maintain adequate personnel, equipment, and facilities at all times to perform the required towing services within a maximum response time of 20 minutes, except as otherwise noted herein.
c. At the request of the Department, Proposer will dispatch a tow unit to the scene of a traffic collision and will remove all glass, liquids , and other debris deposited upon the roadway.
d. All towed vehicles (including RVs) in possession of Proposer will be loaded, unloaded, and stored only within the secured storage lot and not on a public street, other private or public property , or parking area belonging to Proposer's business that is open to the public. e. Vehicle inventories, when conducted by Proposer employee(s), will only be conducted within the confines of the Proposer’s storage facility and in the presence of a witnessing employee.
f. Proposer will notify the Department within seven (7) calendar days of any changes to Proposer’s business including, but not limited to, storage facility, address, ownership, operating equipment, and/or fees. g. In accordance with CVC § 22658(n)(1)(A), Proposer must tow the vehicle (including RVs) to a storage facility within 10 miles of the Proposer’s property where it was parked. NOTE: A vehicle may only be taken farther than 10 miles if local law enforcement provides written permission prior to the tow.
2. Business Office and Storage Facility
a. Proposer’s primary storage lot and business office will be inspected and approved by the Chief of Police, or his/her designee, prior to use. b. Proposer must operate and maintain a business office and a primary storage facility that meets all applicable City, State, and Federal regulations and allows for convenient access by the public and Department personnel.
c. Proposer will have a sign that clearly identifies the place to the public as a towing service at any fixed location where Proposer does business as a towing service. The sign will have letters that are clearly visible to the public from the street. The sign will be visible at night. d. Open storage space will be enclosed by a fence at least six (6) feet tall with lockable gates. Ample lighting to illuminate the entire storage area will be required for nighttime security. Security will also include 24-hour video recording of the storage lot and its entrance(s). Proposer must maintain video surveillance footage for a minimum of 30 days.
12 RFP NO. CM 26-01
7 e. Proposer's primary storage facility will have a storage space large enough to accommodate at least 50 motor vehicles (including RVs) either under cover or well fenced.
f. Proposer’s business office and primary storage lot must be adjacent to each other. The primary storage lot must also be in compliance with all other applicable City, State, and Federal regulations relating to the operation and maintenance of a tow service business. The primary storage lot and business office will be inspected and approved by the Chief of Police, or his/her designee, prior to use.
g. Vehicles (including RVs) stored or impounded by order of the Department must be stored at Proposer's primary storage facility, unless the on-duty Department Watch Commander, or his/her designee, grants prior approval. At no time will such vehicles be parked, stored, or left standing on any public street or alley.
h. Prior to utilization of a new storage facility that is not listed on Proposer's application, Proposer will furnish the address of the new facility , and obtain approval from the Chief of Police, or his/her designee, for its use. i. Proposer’s primary storage facility or lot, if more than one, will be maintained in the following:
i. Adequate in size to accommodate all:
● “Hold” vehicles;
● Late model vehicles;
● Specially equipped vehicles;
● Vehicles to be released to owner; and
● Large vehicles including RVs, unless an agreement has been made with an approved sub -contractor. NOTE: Any sub -
contractor hired by Proposer will be subject to the same storage requirements contained within this RFP. Sub-contractor will agree in a written document to all storage terms in the contract and to specifically allow random inspection for compliance by the City.
Any non -compliance by sub -contractor subjects Proposer to forfeiture of contract rights, and the City will be entitled to obtain towing and storage services from another Proposer.
ii. Partially surfaced with either concrete or asphalt material. Dirt is acceptable, as long as it is compacted sufficiently to avoid vehicle undercarriage damage.
iii. Free of holes or areas that are decayed or broken. iv. Clean and free of litter, debris, or weeds.
v. Sized and dimensioned to afford safe access to all vehicles. vi. Free of any nuisance conditions.
j. Proposer must store Department impounded and/or hold-vehicles considered as “evidence” (CVC §22655.5) in a secure building area to protect it from being compromised (such as fingerprints or stains), against any elements, sources of contamination, and /or entry by unauthorized persons. Proposer will make the secure storage area available for the period of time determined by the Department to allow for the proper collection, documentation, and analysis of the evidence.
Proposer's facilities will have sufficient space to store a minimum of two 13 RFP NO. CM 26-01
8 (2) vehicles impounded for evidence, as described above. k. Proposer will maintain an Investigation Hold Area at its primary storage facility for vehicles held for criminalist and/or evidentiary, which will:
i. Have fully enclosed structure that is capable of providing protection from the natural elements and prohibiting entry by unauthorized persons as prescribed by the Chief of Police or his/her her designee.
ii. Have all entries documented to identify the vehicle seen, all person ingress/egress activities, and the date and time of such activities in the Investigative Hold Area.
iii. The Investigative Hold Area’s storage capacity will hold a minimum of two (2) vehicles at any one (1) time.
iv. Proposer employees will not remove property from vehicles being held for criminalist and/or evidentiary purposes.
v. Vehicles stored in the Investigative Hold Area will not be removed from the area until authorized by the responsible Department personnel/investigator.
vi. Once an investigative hold has been released on a vehicle it will be immediately removed from the Investigative Hold Area. vii. The date and time of removal, and the removing employee's identity will be recorded on the Proposer’s records.
viii. 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 will be stored in the same manner as vehicles available for release, unless there is an additional hold for criminalist or evidentiary examinations. Any statutorily held vehicle will not be available for release until authorized by the Department.
l. Secondary Storage Facility. Proposer may operate a secondary storage facility and if utilized, after inspected and approved by the Chief of Police or his/her designee, Proposer will:
i. Provide total storage for 50 vehicles (see Requirements under §III.B.2.h.).
ii. Use a yard or lot, within the City limits, for the temporary storage of impounded vehicles (including RVs).
iii. Fenced for maximum security and lighted during the hours of darkness to afford illumination of all stored vehicles, with an attendant on duty.
iv. Will only be used to store vehicles with appraised values under one thousand dollars ($1,000.00).
v. Will 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/her designee.
14 RFP NO. CM 26-01
9 vi. Properly and accurately record location of vehicles on the Proposer’s impound records.
3. Operating Equipment and Requirements
Proposer will meet the following operating equipment requirements:
a. The following equipment will conform with the California Highway Patrol (CHP) Class for the gross vehicle weight ratings (GVWR) of the truck chassis.
i. Minimum of two (2) flatbed carriers (Class A, minimum 14,000 GVWR, or Class B, minimum 33,000 GVWR); and
ii. Minimum of two (2) light duty tow trucks consisting of:
● One (1) light duty (Class A, minimum 14,000 GVWR); and ● One (1) medium duty (Class B, minimum 33,000 GVWR).
iii. At least one (1):
● Heavy duty (Class C, minimum 52,000 GVWR); or
● Super heavy duty (Class D, minimum 54,000 GVWR).
b. Proposer's vehicles must also be in compliance with all applicable provisions of the California Vehicle Code, applying to tow trucks including but not limited to CVC §§ 615, 21711, 24606, 25100, 27700, 27907, and all other regulations pertaining t o lighting and safety equipment.
c. Proposer's name, business address, and business telephone number will be displayed on both sides of all tow units in compliance with CVC §27907. Each tow unit will display a Department approved Official Police Tow Service (OPTS) insignia. Magnetic signs are not permitted. Tow vehicles displaying the OPTS insignia will not be used for Private Property Impounds (PPI) or repossessions.
d. All tow trucks must have two -way radio communications equipment.
Proposer's tow vehicles will have a power-driven winch equipped with safety dogs or equivalent braking devices.
e. Proposer's tow vehicles will, at all times, be equipped with two (2) headlights and taillights, as required by California law. Tow vehicles will have a white utility light, adjustable or retractable, and may be equipped with other lawful lights Proposer may desire.
f. Proposer's tow vehicles will be equipped with red flares or the electronic equivalent, lanterns or reflectors, hand tools, crowbar, rope, broom, shovel, dustpan, trash can, fire extinguisher (dry chemical types), portable red taillight and stop light for towed vehicles, equipment for opening locked vehicles, safety snubbed chain, oil absorbent material to available at all times (CVC §27700).
g. Tow unit operators will wear a uniform approved by Proposer when performing services in response to a call from the Department. A nametag/badge identifying the operator by first name will be worn on the operator's outer most shirt or jacket.
15 RFP NO. CM 26-01
10 h. Only tow truck personnel and equipment requested will respond to calls from the Department (e.g., tow truck driver bringing passengers or pets is not allowed).
i. Proposer's tow vehicles will be annually inspected by the CHP and will display the current and appropriate inspection sticker. Proposer will submit copies of the appropriate certificates of the inspection to the Chief of Police, or his/her designee, within 30 days of the inspection by the CHP.
j. As of the submission date of the Proposal, Proposer will hold and maintain, in good standing, throughout the term of the Agreement , and any extension term , all State and county licenses, certificates , and permits required to perform the Services under this RFP and the Agreement. As of the effective date of the Agreement, Proposer, and all its drivers performing on the Proposer’s behalf under the Agreement, will procure and maintain, in good standing , throughout the term of Agreement, any extension term, all City licenses and permits requested under the Simi Valley Municip al Code , and all drivers will maintain appropriate driver licenses issued by the State of California. In addition, Proposer will keep informed of, and comply with, the requirements of all Federal, State, county and municipal laws, ordinances, and regulations applicable to the Service under the Agreement.
k. If it is determined that towing capacity needed at the scene of a tow is greater than what Proposer can provide at the time, another Proposer who is capable of providing the towing capacity will be requested to respond. If no other contracted tow company is available to respond, or has the needed equipment, then it will be the responsibility of Proposer, who originally responded to the scene, to contact an outside tow company to respond and handle the incident, at the cost to Proposer, for removal and storage costs.
4. Reporting
Proposer will provide the Department with the following reports:
a. Bi-Weekly Reports. Proposer will notify, in writing, to Department’s Traffic Bureau all vehicles originally impounded with a criminalistics/ evidentiary hold, but that have remained in storage with a hold beyond seven (7) calendar days. If no vehicles are in storage, no report will be necessary.
b. Monthly Reports. Proposer will provide the Department’s Traffic Bureau on the 15th day of each month with a written list of:
i. All vehicles removed or impounded during the past month pursuant to Agreement. This list will include vehicle owner's name and address (if known), vehicle make, license or VIN, and Police report number.
ii. Proposer will also provide, at the same time, a list of all vehicles currently on the Proposer’s premises that were removed from a traffic collision site handled by the Department. This list will also 16 RFP NO. CM 26-01
11 include vehicle license number, date of storage, reason for storage, and Police report number, if applicable. An explanation of each tow requiring an excess of one (1) hour will be provided. iii. The monthly report will be signed under penalty of perjury by Proposer’s principal or primary manager for the performance of work under the Agreement.
C. Fees
1. Pursuant to CVC §22851(b):
a. No fee will be charged for the release of personal property from stored or impounded vehicles during normal business hours. b. The maximum charge for a non-business hours release of towed vehicles will be one-half the hourly rate charged, or less, for initially towing the vehicle.
c. No lien will attach to any personal property in or on the vehicle.
2. Pursuant to CVC §10650(a), Proposer will keep a written record of every vehicle stored for a period longer than 12 hours.
3. Pursuant to CVC §10650(b), the record will contain the name and address of the person storing or requesting the tow, the names of the owner and driver of the vehicle (if ascertainable), and a brief description (make, model, license plate number, and any vehicle damage).
4. Fee Guidelines for Non-City Vehicle Tows.
a. Maximum Rates (CHP or Non-CHP Based).
For all Non-City Vehicle Tows, Proposer will not charge fees that exceed the CHP Ventura County Area Office’s approved tow and storage rates established under the CHP Tow Service Agreement (“TSA”), to the extent Proposer is subject to an applicable CHP TSA, including class- specific towing, recovery, special equipment, and inside/outside storage rates, or the approved rates of any successor CHP Area assigned to the City. The Proposer’s submitted rates will apply if they are lower than the CHP-approved maximums. Reference to CHP-approved rates is solely for purposes of establishing an external maximum limitation on charges and does not constitute City adoption, approval, or setting of any towing or storage fee. For any towing or storage service not addressed by an applicable CHP TSA, or where Proposer is not subject to a CHP TSA, the rates set forth in Proposer’s submitted schedule govern, subject to applicable law and the limitations of this Agreement. The maximum towing and storage rates applicable to Non -City Vehicle Tows must not exceed the lowest rates charged by the Contractor for comparable police-initiated towing and impound services within Ventura County and are subject to downward adjustment as necessary to maintain that limitation.
17 RFP NO. CM 26-01
12 b. No City Compensation for Non-City Vehicle Tows.
The City will not compensate the Proposer for providing Non-City Vehicle Tow or related storage Service to the public. Proposer’s compensation for Non -City Vehicle Tows will come solely from towing and storage charges lawfully collected from the vehicle owner or owner’s agent, consistent with CHP -approved rate limits. Unpaid charges may be pursued as liens pursuant to the California Vehicle Code.
c. Storage Time and Required Disclosures.
For any Non -City Vehicle Tows, storage time begins when the vehicle arrives at Proposer’s storage facility. Storage is charged on a per -day basis, defined from midnight to midnight. Each Proposal must include a complete and accurate schedule o f Proposer’s tow and storage rat es, deposits, and associated charges for Non -City Vehicle Tows, which must comply with the limitations in this Section. The following exceptions apply:
i. Storage fees are waived when a release is requested
within the first hour of storage.
ii. Only one (1) day of storage may be charged when a
release Is requested within 24 hours, regardless of
calendar date.
iii. For vehicles held as evidence under Vehicle Code
§22655.5, storage is waived until the hold is released by the Department.
d. Maximum Charges for Department-Initiated Non-City Vehicle Tows.
Within the limits established in subsection 4.a., Proposer’s submitted tow and storage rates for Non-City Vehicle Tows initiated by the Department must be fair and reasonable to the community , while supporting Proposer’s ability to provide first -response Services to the City. Heavy - duty tow rates must comply with the corresponding CHP categories.
e. Flexibility in Rates.
The rate requirements in this Section represent the maximum amounts Proposer may charge for Non-City Vehicle Tows under the Agreement.
Proposer may charge less than the CHP -approved maximums at its discretion. Nothing herein requires Proposer to impose a charge for a Service it would not normally charge for. Proposer may l ower its retail rates at any time by notifying the City in writing; any lowered rate becomes Proposer’s new approved schedule for Department -initiated Non-City Vehicle Tows, provide d no rate exceeds the applicable CHP TSA rates. Any rate flexibility described in this RFP is subject to and will be governed by the terms of the final executed Agreement.
f. Rate Posting.
Proposer must keep a current copy of its CHP-approved rate schedule (and any lower retail schedule submitted to the City) in each trunk, and present it upon request to the vehicle owner or agent, or any Department 18 RFP NO. CM 26-01
13 Officer, or authorized City staff members conducting work in their official capacity, on scene. Rates must also be posted in accordance with Civil Code § 3070 at Proposer’s business office.
g. Prohibited Charges.
For Non-City Vehicle Tows, Proposer will not impose any additional charge for moving a stored vehicle within the storage yard (e.g. driving, towing, pushing, using a forklift) when preparing the vehicle for release or inspection.
h. Consumer Price Index (CPI) Adjustments (Optional on Proposer Side Only). If Proposer elects to adjust any of its voluntary reduced rates for Non-City Vehicle Tows annually based on CPI, such adjustments may not exceed the applicable CHP TSA Rates. Under no circumstances may CPI adjustments authorize rates higher than those appr oved by CHP for the Ventura County Area Office, or any successor CHP Area assigned to the City.
i. Probable Cause and Field Release.
Department personnel requesting a Non -City Vehicle Tow must establish that probable cause exists to impound the vehicle in question.
If probable cause is lost prior to the vehicle being removed to Proposer’s storage facility, no lien will attach and no fee will be charged for the field release of the vehicle to a properly interested person.
j. Preliminary Removal Work
For Non-City Vehicle Tows, Proposer must perform the preliminary work necessary for towing, including removal of vehicles from ditches, separation of entangled vehicles, or clearing other hazards, in order to remove the hazard vehicle from the roadway, and must move the vehicle to the closest and safest location at no cost to the City. Costs thereafter may be charged to the vehicle owner consistent with CHP -approved rates and the limitations in this Section.
5. Fee Guidelines for City Vehicle Tows
a. City Compensation for City Vehicle Tows.
For any City Vehicle Tow, the City will pay Proposer’s fees as outlined in the Proposal, and in no event will City be charged more than the applicable CHP TSA Rates for the Ventura Area Office or any successor CHP Area assigned to the City, for the following Services:
i. City Vehicle Tows of City-Owned vehicles as requested by the Department, including, but not limited to, the Public Works Department.
ii. City Vehicle Tows of City -Owned vehicles impounded as evidence by order of the Department.
19 RFP NO. CM 26-01
14 iii. Storage of City-Owned vehicles being held by the Department for evidentiary purposes.
b. Release Conditions for Certain City-Initiated Tows
Vehicles towed at the direction of the Department for the following reasons (whether as a Non-City Vehicle Tow or a City Vehicle Tow) will not be released until Proposer receives written authorization from the Department:
i. Vehicles impounded for investigation, examination, or evidence; or
ii. Vehicles impounded for unpaid parking citations, lack of current registration, or a violation of law.
c. City Vehicle Tow Roadside Services.
As part of the consideration for the Agreement, Proposer will provide, at no cost to the City, routine roadside service for City Vehicle Tows, including, but not limited to, towing Service, changing flat tires, and battery jump-starts to all City -Owned vehicles, up to and including five (5) ton rated vehicles. Proposer will provide these Services at the request of the City Manager, Chief of Police, or his/her designee, whenever such City-Owned vehicles require this Service.
D. Hours of Operation
1. Proposer must provide the Services 24 hours/day, 7 days/week, 365 days/year, including holidays and weekends.
2. Proposer's "normal business hours" will be no less than 8:00 a.m. to 5:00 p.m., Monday through Friday, and will be posted in plain view to the public.
3. Normal business hours will be followed except for the following Federally recognized holidays:
New Year's Day
Martin Luther King Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Day
4. Proposer will be responsible for releasing vehicles between the hours of 8 a.m. and 5 p.m., five (5) days a week, and may, at the Proposer’s discretion, release vehicles between the hours of 5 p.m. through 8 a.m. , or on days Proposer is normally closed.
20 RFP NO. CM 26-01
15 VII. Proposal Schedule:
The following is a tentative schedule of events. Should the City require a change in schedule, the prospective Proposers will be notified:
ACTION DATE
Request for Proposals Issued Thursday, January 29, 2026 Last Day to Submit Questions Wednesday, February 25, 2026 RFP Submission Deadline Thursday, March 5, 2026
Complete Screening Thursday, March 12, 2026
Notice of Intent to Award Monday, March 30, 2026
Award Notification Upon Council Approval
Contract Start Date Upon Council Approval
21 RFP NO. CM 26-01
16 PROPOSAL REQUIREMENTS
Three copies of each of the Technical Proposal and Cost Proposal must be received by the City Clerk’s Office, 2929 Tapo Canyon Road, Simi Valley, CA 93063, at or before 3:30 P.M. on March 5, 2026.
I. Response Submittal Requirements
A. Contents of Proposal
Submitted proposals must follow the format outlined below and all requested information must be supplied. Failure to submit proposals in the required format will result in elimination from proposal evaluation. Each Proposal must be submitted in two parts:
Part I: Technical Proposal (three copies)
Part II: Cost Proposal (three copies) in a separate sealed envelope
1. Part I. Technical Proposal
a. Request for Proposal Acknowledgement Form.
b. Cover Letter. Include the name, address, and telephone number of the company, and signed by the person or persons authorized to represent the firm.
c. Table of Contents. Clearly identify material contained in the Proposal by section and page number.
d. Introduction. Contents to be determined by Proposer. e. Proposer’s Understanding of the Statement of Work.
i. Service Analysis (if applicable). Provide an explanation and interpretation of the challenges identified in this RFP. ii. Objective, Scope, Nature of Proposed Services. Describe the overall approach to the challenges, including the objective and statement of work to be performed by Proposer.
iii. Service Management (if applicable). Describe the proposed management structure, organization of contracting group, and facilities available.
iv. Service Monitoring. Describe the quality control procedures to be utilized during the Service to ensure conformance with the scope of work.
f. Proposer’s capability and key Service personnel to handle the work in terms of workload, experience, and efficient staff utilization. i. Assigned Personnel.
• Identify the principals having primary responsibility for implementing the Proposal.
• Resume.
• Provide a summary of similar work they have previously performed.
22 RFP NO. CM 26-01
17 • List the amount of time, on a continuous basis, that each principal will spend on this Service (if applicable).
• Describe the responsibilities and capacity of the technical personnel involved.
• Current and projected workload. Substitution of lead
personnel will not be permitted without prior written
approval of the City.
ii. Schedule. List the proposed schedule of activities including labor hours (if applicable).
g. Proposer’s approach and work plan
i. Work Program. Describe the work or tasks to be performed. ii. Methodology. Describe the methodology and techniques to be employed.
iii. City Resources. Describe the City services and staff resources needed to supplement contractor activities to achieve identified objective(s).
iv. Subcontractors. If subcontractors are to be used, identify each of them in the proposal. Describe the work to be performed by them and the number of hours or the percentage of time they will devote to the Service. Provide a list of their assigned staff, their qualifications, relationship to Service, schedule, costs, and hourly rates.
h. Proposer’s equipment and fleet. Refer to Section III.B.3. Operating Equipment for Guidelines.
i. Proposer’s facilities and location. Refer to Section III.B.2. Business Office and Storage Facility for Guidelines.
j. Proposer’s response and availability. Refer to Section III.B.1.
Performance and Section III.D. Hours of Operation for Guidelines. k. Proposer’s prior experience and references.
i. Statement of Proposer’s Qualifications and References. Submit the Statement of Proposer’s Qualifications and References form.
Please include additional page(s), if necessary.
l. Proposer’s compliance, reporting, and environmental record. Refer to Section III.B.4. Reporting for Guidelines.
m. Alternative Proposals. Provide statements of alternative proposals, if any, labeled “Alternative Proposal Number One, Alternative Proposal Two ”, etc. The format of each alternative proposal submitted may be abbreviated to address just the following:
i. Work Program
ii. Methodology
iii. Assigned Personnel
n. Conflict of Interest. Address possible conflicts of interest with other clients affected by actions performed by the firm on behalf of the City. Although the Proposer will not be automatically disqualified by reason of work performed for other parties, the City reserves the right to consider the nature and extent of such work in evaluating the proposal.
23 RFP NO. CM 26-01
18 2. Part II. Cost Proposal
a. Name and Address. The Cost Proposal must list the name and complete address of the Proposer in the upper, left-hand corner. b. Cost Proposal. The Cost Proposal is submitted for informational and evaluative purposes only and consists solely of the Proposer’s rate schedules applicable to the Services described in this RFP, as follows:
i. For Non -City Vehicle Tows, Proposer must submit its tow and storage rate schedule and state whether it is currently subject to a California Highway Patrol Tow Service Agreement (“C HP TSA”), identifying the applicable CHP area, if any. Proposer must identify any services offered that are not expressly addressed in the applicable CHP TSA. Rates for services covered by the CHP TSA may not exceed the applicable CHP -approved maximums.
Rates for services not addressed by the CHP TSA , or where Proposer is not subj ect to a CHP TSA, are provided for informational purposes only and may be charged only if permitted by law and authorized under this RFP and any resulting
agreement.
ii. For City Vehicle Tows, Proposer must submit its rate schedule applicable to City -paid towing and related services. Rates may not exceed applicable CHP TSA maximums where such rates exist.
iii. The City does not adopt, approve, or establish Proposer’s rates for Non -City Vehicle Tows, and no total cost, not -to-exceed amount, or reimbursement structure applies to owner-paid towing or storage charges.
B. Proposal Submission
All Proposals must be submitted according to the specifications set forth in I.A.
Contents of Proposals and in this section. Failure to adhere to these specifications may be cause for rejection of the Proposal.
1. Signature. A person authorized to contractually bind the Proposer MUST sign all Proposals.
2. Due Date. The Proposer must submit three (3) complete sealed copies of each of the Technical Proposal and Cost Proposal, with the following:
a. Name and address of the Proposer , plainly marked in the upper left - hand corner
b. Title of the Proposal, including the words “RFP No. # CM 26-01.” c. All Proposals must be received on at or before 3:30 P.M. on March 5, 2026, and should be directed to:
City Clerk’s Office
2929 Tapo Canyon Road
Simi Valley, CA 93063
24 RFP NO. CM 26-01
19 Late Proposals will not be accepted. Any correction or resubmission done by the proposer will not extend the submittal due date.
d. Addenda. City may modify the Proposal and/or issue supplementary information or guidelines relating to the RFP during the proposal preparation period of January 30, 2026 to March 4, 2026. e. Rejection. A Proposal may be deemed nonresponsive and may be immediately rejected if:
i. It is received at any time after the exact date and time set for receipt of proposals; and/or
ii. It is not prepared in the format prescribed; and/or iii. It is signed by an individual not authorized to represent the firm. f. Disposition of Proposals. The City may reject any or all Proposals. All responses are public documents and become the property of the City.
One copy of the Proposal must be retained for City files. Additional copies and materials will be returned only if requested and at the Proposer’s expense.
g. Proposal Changes. Once submitted, Proposals, including the composition of the contracting team, cannot be altered without prior written consent of the City. All Proposals constitute an offer to the City and may not be withdrawn for a period of 60 days after the last day to accept Proposals.
C. Evaluation of Proposals
City staff will review the Proposals in accordance with the Proposal Schedule noted above. Proposals will be evaluated based on the following qualifications criteria:
1. Proposer’s understanding of the statement of work (10%);
2. Proposer’s approach and work plan (15%);
3. Proposer’s capability and key service personnel to handle the work in terms of workload, experience, and efficient staff utilization (15%);
4. Proposer’s equipment and fleet (10%);
5. Proposer’s facilities and location (10%);
6. Proposer’s response and availability (15%);
7. Cost proposal compliance and reasonableness (15%);
8. Proposer’s prior experience and references (5%); and
9. Proposer’s compliance, reporting, and environmental record (5%).
Evaluation of rate schedules is limited to compliance with applicable California Highway Patrol Tow Service Agreement maximums, applicable regional rate limitations, identification of any services not addressed by the CHP TSA, and consistency with industry standards. The City does not select Proposers based on lowest price.
During the selection process, the evaluation panel may wish to interview Proposers with scores above a natural break, meaning a clear separation in total evaluation scores as determined by the evaluation panel, for clarification purposes only. No new 25 RFP NO. CM 26-01
20 material will be permitted at this time. The City may also decide to interview the top - ranked Proposers to determine the best qualified. The City may, in its discretion, award one agreement or multiple agreements under this RFP. Following interviews, the City may select one or more Proposers for award based on the evaluation criteria and the City’s best interests and is not required to award to the highest -scoring Proposer. The selected Proposer(s) will be invited to proceed with finalizing and executing an agreement substantially in the form attached to this RFP, subject only to non-material administrative revisions and conformance with the successful Proposer’s Proposal. If the City is unable to finalize an agreement with any selected Proposer on that basis, the City may terminate discussions and commence discus sions with the next most qualified Proposer.
Recommendation to City Council for Contract Award
Interviews of the top firms may be required. The successful Proposer will be interviewed and selected by a multi-departmental evaluation committee (Committee) based upon the criteria set forth above and the City’s sole discretion. The Committee will then make a recommendation to the City Council for award. The City is under no obligation contract with any Proposer.
26 RFP NO. CM 26-01
21 PROPOSAL TERMS AND CONDITIONS
Submitting Proposals. (a) Proposals must include this form, in its entirety, in a sealed envelope with the wording “Proposal,” proposal number and closing date marked on the outside; (b) Proposals/corrections received after the closing time will not be opened. The City is not responsible for proposals not properly marked and delivered. Upon award, all submissions become a matter of public record.
Alternatives. Any changes or alternatives must be set forth in a letter attached to this proposal.
The City has the option of accepting or rejecting any alternative proposal.
Currency. All references to dollar amounts in this solicitation and in vendor's response refer to United States currency.
Preparation. All proposals must be typed or written in black ink. Errors may be crossed out and corrected in ink, then initialed in ink by the person signing the proposal.
Rejection. The City may reject any or all proposals and waive any irregularity in any proposal in its sole discretion.
Default. In case of default by the vendor of any of the conditions of this proposal or contract resulting from this proposal, the vendor agrees that the City may procure the services from other sources and may deduct from the unpaid balance due the vendor, or collect against the bond or surety, or may invoice the vendor for excess costs so paid, and prices paid by the City will be considered the prevailing market price at the time such purchase is made.
Assignment. No assignment by the vendor of contract or any part hereof, or of funds to be received hereunder, is binding upon the City unless the City gave written consent before such assignment.
Subcontractors. The Proposer must list any subcontractors that will be used, the work to be performed by them, and total number of hours or percentage of time they will spend on the project.
Indemnification. The extent of a successful contractor’s obligation to indemnify and defend the City is set forth in the sample contract attached to this RFP.
Bonds. When deemed necessary by the City, bid bonds must be furnished by all proposers in the amount of at least 10% of the bid to guarantee that proposers will enter into contract to furnish goods at prices stated. Likewise, a Performance Bond must be required of the successful proposer when stated in the specification (cash deposit, certified or cashier's check or money order may be substituted in lieu of either bond).
Insurance. This is a contract involving services and the City requires insurance. Insurance must be primary insurance and must name the City of Simi Valley as an additional insured. Proof of insurance in the following amounts must be provided prior to contract signing; liability in the amount of $2,000,000, automotive in the amount of $ 5,000,000 (uninsured motorist, on -hook coverage, garage liability, garage keepers) , worker’s compensation in accordance with 27 RFP NO. CM 26-01
22 California law, and employer’s liability of $1,000,000 . Specific insurance requirements are set forth in the sample contract. PROPOSERS MUST SIGN AND RETURN EXHIBIT C, INSURANCE REQUIREMENTS, WITH THEIR PROPOSAL.
Submission of One Proposal Only . No individual, or business entity of any kind may file or to be interested in more than one proposal, except an alternative proposal when specifically requested.
However, a person who has quoted prices on materials to a firm submitting a proposal is not thereby disqualified from quoting prices to other firms submitting proposals.
Contract Requirement. The proposer to whom award is made must execute a written contract with the City within 10 calendar days after written notice of the award was sent by mail/email to the address given in the proposal or within 10 calendar days after receipt by Proposer.
California Public Records Act. All information contained in the Proposal, and the Proposal itself, is a public record and subject to release to the public once opened. Proposers should not include trade secrets or other confidential information in their Proposal. To request public records, please visit www.simivalley.org/recordsrequest or contact City Clerk’s Office at (805) 583-6748.
Submission of References . Each proposer must submit a Statement of Qualifications and References on the form provided in the Request for Proposals package.
Non-commitment of Department . This Request for Proposal does not commit the City to award a contract, to pay any costs incurred in the preparation of a Proposal for this request, or to procure or contract for services. The City may accept or reject any or all proposals received as a result of this request, to negotiate with any qualified firm or to modify or cancel in part or in its entirety the Request for Proposal if it is in the best interests of the City to do so.
Proposal Rejection. The City may reject the proposal of any proposer that previously failed to perform properly, or complete on time, contracts of a similar nature, or to reject the proposal of a proposer who is not in a position to perform such a contract satisfactorily. The City may reject the proposal of any proposer who is in default of the payment of taxes, licenses or other monies due to the City of Simi Valley. This authority will not limit or substitute for any other proposal rejection authority for the City set forth in this RFP.
Contract Pricing. Except as otherwise provided, price proposals must remain consistent through the term of this contract.
Proposal Questions. Questions regarding this RFP may be made to the Department listed below.
Please review the Proposal schedule to determine the last day to submit questions.
Purchasing Agent
Administrative Services Department
2929 Tapo Canyon Road
Simi Valley, CA 93063
[email protected]
(805) 583-6887
28 RFP NO. CM 26-01
SUBMIT WITH PROPOSAL
23 STATEMENT OF PROPOSER’S QUALIFICATIONS AND REFERENCES
The Proposer is required to state the Proposer's financial ability and a general description of similar work performed.
Number of years engaged in providing the work included within the scope of the specifications under the present business name: .
List and describe fully a minimum of five Services performed by your firm within the last five years, which demonstrate your ability to complete the work included within the scope of the specifications and where the Proposer has performed work in providing vehicle towing and secure storage services, particularly in Ventura County’s jurisdiction , specifically in the City of Simi Valley . Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications.
Reference No. 1
Customer Name:
Contact Individual: Phone No.
Address:
Contract Amount: Year:
Description of work done:
Reference No. 2
Customer Name:
Contact Individual: Phone No.
Address:
Contract Amount: Year:
Description of work done:
Reference No. 3
Customer Name:
Contact Individual: Phone No.
Address:
Contract Amount: Year:
Description of work done:
29 RFP NO. CM 26-01
SUBMIT WITH PROPOSAL
24 STATEMENT OF PROPOSER’S QUALIFICATIONS AND REFERENCES (continued)
Reference No. 4
Customer Name:
Contact Individual: Phone No.
Address:
Contract Amount: Year:
Description of work done:
Reference No. 5
Customer Name:
Contact Individual: Phone No.
Address:
Contract Amount: Year:
Description of work done:
30 RFP NO. CM 26-01
25 EXHIBIT A - CONTRACT SAMPLE
The successful Proposer will be required to enter into the sample contract as provided below.
AGREEMENT NO. Click here to enter text.
TOWING SERVICES AGREEMENT
BETWEEN
THE CITY OF SIMI VALLEY
AND
Consultant Name
# of Years-YEAR ONCALL SERVICES
Type of Service SERVICES
This Towing Service Agreement (“Agreement”) is entered into as of ____________, 2026, by and between the CITY OF SIMI VALLEY, a general law city and municipal corporation (“City”), and ____________________, a [STATE] [ENTITY TYPE] (“Contractor”).
City and Contractor may be referred to individually as a “Party” and collectively as the “Parties.”
1. Recitals. This Agreement is executed with reference to the following facts and objectives:
A. City issued Request for Proposals No. CM 26-01 (“RFP”) to solicit qualified service providers to furnish towing, impound, and storage services for vehicles (i) involved in traffic accidents; (ii) violating federal, state, or local law, including the California Vehicle Code and the Simi Valley Municipal Code; (iii) held by the City of Simi Valley Police Department (“Police Department”) as evidence in criminal cases; and (iv) otherwise requiring towing or impound services at the request of the City.
B. City’s towing needs include two distinct services: (i) Non-City Vehicle Tows, involving privately owned vehicles towed at the request of the Police Department or other authorized City personnel, and (ii) City Vehicle Tows, involving towing of City-owned vehicles, including Police Department vehicles.
C. Contractor owns and operates a business providing towing services and garage impound and storage facilities and represents that it meets the qualifications and requirements set forth in the RFP.
D. City seeks to engage Contractor to provide towing and storage services on an on- call basis, and Contractor seeks to provide those services, subject to the terms and conditions of this Agreement.
E. Compensation for towing and storage services provided to the public for Non-City Vehicle Tows is paid by vehicle owners or their agents and is subject to maximum rate limitations based on applicable California Highway Patrol Tow Service Agreement rates, as described in this Agreement.
31 RFP NO. CM 26-01
26 2. Scope of Services.
A. Contractor provides towing, impound, and vehicle storage services as requested by the City or the Police Department, in accordance with this Agreement, the RFP, and applicable law.
B. The RFP is incorporated by reference. If a conflict exists between this Agreement and the RFP regarding operational requirements or service specifications, the RFP controls. If a conflict exists regarding legal terms, risk allocation, or interpretation, this Agreement controls.
C. Contractor furnishes all labor, personnel, vehicles, equipment, facilities, and other resources necessary to perform the services described in this Agreement.
3. City Responsibilities.
A. City may request Contractor to provide services under this Agreement as operational needs require.
B. If Contractor is unable to provide prompt or adequate service, City may request services from another provider without notice to Contractor.
C. Nothing in this Agreement limits the right of a vehicle owner or other person entitled to possession of a vehicle to request a towing operator of their choosing, if available without unreasonable delay.
4. Compensation.
A. Non-City Vehicle Tows.
i. CHP-Associated Rates. To the extent Contractor is subject to an applicable California Highway Patrol Tow Service Agreement (“CHP TSA”), Contractor will not charge fees that exceed the tow and storage rates approved under the CHP TSA applicable to the CHP Ventura County Area Office, or any successor CHP Area assigned to the City. Contractor may charge less than the applicable CHP - approved rates.
ii. Non-CHP TSA Rates. For any towing or storage service not addressed by an applicable CHP TSA, or where Contractor is not subject to a CHP TSA, the rates set forth in Contractor’s submitted rate schedule will govern, subject to applicable law and the limitations of this Agreem ent. Reference to CHP -approved rates is solely for purposes of establishing an external maximum limitation on charges and does not constitute City adoption, approval, or setting of any towing or storage fee.
iii. Maximum Rates; Discretion to Charge Less. The rate provisions set forth in this Section establish the maximum amounts Contractor may charge for Non-City Vehicle Tows under this Agreement. Contractor may charge less than the 32 RFP NO. CM 26-01
27 applicable maximum rates at its discretion. Contractor may voluntarily reduce its retail rates for any service by providing written notice to City. Any such voluntary reduction will apply prospectively and will be effective for Non-City Vehicle Tows requested by the City from and after the effective date stated in the notice. No voluntary rate reduction may exceed, modify, or increase the maximum rates permitted under this Agreement, and all such reductions remain subject to the applicable CHP Tow Service Agreement limits and the Ventura County Government Rate Adjustment set forth below.
iv. Ventura County Government Rate Adjustment. Notwithstanding any other provision of this Agreement, if at any time during the Term, Contractor enters into a towing service agreement with another city, county, special district, or state or federal agency located within Ventura County for police -initiated towing and impound services of the same general nature as services provided under this Agreement, and that agreement authorizes Contractor to charge towing or storage rates lower than the maximum rates otherwise permitted under this section for the same or comparable services, then the lowest such rate authorized under that other governmental agreement will automatically become the maximum rate Contractor may charge for the same or comparable service under this Agreement, effective as of the date that lower rate becomes effective for the other agency.
Contractor will provide City with written notice and a copy of the applicable rate schedule within 10 business days after entering into any such agreement or r ate amendment. Failure to provide such notice constitutes a material breach of this Agreement and does not excuse Contractor from compliance with the lower maximum rate as of its effective date.
B. No City Compensation for Public Tows.
City has no obligation to compensate Contractor for towing or storage services provided to the public. Contractor’s compensation for Non-City Vehicle Tows comes solely from charges lawfully collected from vehicle owners or their agents.
C. City Vehicle Tows.
City compensates Contractor for City Vehicle Tows in accordance with the rates set forth in Contractor’s proposal. In no event may those rates exceed the applicable CHP Ventura Area Tow Service Agreement rates. City pays these amounts directly and they do not become liens against any vehicle.
D. Not-to-Exceed Compensation.
Notwithstanding any approved rate schedule, total compensation payable by City to Contractor under this Agreement will not exceed $____________ in any City Fiscal Year, unless City expressly authorizes a higher amount by written amendment executed in accordance with this Agreement and applicable City laws policies. Contractor acknowledges that City has no obligation to request services in excess of this not -to- exceed amount, and Contractor performs any services beyond that amount at its own risk unless City authorizes additional compensation in a prior written amendment. The not-to- exceed amount is a max imum payment limitation only and does not constitute a guarantee of minimum compensation or towing volume.
33 RFP NO. CM 26-01
28 5. Term. The term of this Agreement begins on ____________, 202 6, and ends on ____________, 203 1, unless earlier terminated under this Agreement. City may extend the Agreement for up to two additional one-year terms, for a maximum total contract term of seven years, under the same terms and conditions, by providing written notice to Contractor.
6. Performance Standards. Contractor performs all services in a professional manner consistent with generally accepted industry standards. City notifies Contractor of any deficiencies. Contractor receives up to 15 days after notice to cure deficiencies at Contractor’s expense, unless City determines that a shorter cure period is reasonably necessary for public safety or operational needs.
7. No Franchise; No Exclusive Rights. Nothing in this Agreement grants Contractor a franchise, monopoly, or exclusive right to provide towing or storage services for the City. City may award one or more towing service agreements under the RFP or any successor solicitation and retains the unrestricted right, in its sole discretion, to request towing services from other qualified providers as operational needs require.
8. No Guarantee of Work. This Agreement does not guarantee any minimum number of towing requests, call volume, or revenue. Services requested by the City depend on availability, performance, and operational considerations.
9. Call Assignment Discretion. City retains sole discretion to assign towing requests among one or more contracted providers or to other available providers. This Agreement does not require City to distribute calls equally or to follow a fixed rotation.
10. Temporary Suspension. Without terminating this Agreement, City may temporarily suspend Contractor from receiving towing requests for failure to meet response standards, compliance requirements, or service expectations, upon written notice. Suspension may be lifted at City’s discretion and does not entitle Contractor to damages or lost revenue.
11. Familiarity with Work.
A. By executing this Agreement, Contractor agrees that it:
i. Has investigated and considered the scope of services to be performed; ii. Has considered how the services will be performed; and iii. Understands the facilities, conditions, difficulties, and restrictions that may affect performance under this Agreement.
34 RFP NO. CM 26-01
29 B. If the services involve work at any site, Contractor investigates the site conditions before beginning work and becomes familiar with existing conditions. If Contractor discovers any latent or unknown condition that may materially affect performance, Contractor promptly notifies City and does not proceed with the affected work until City provides further direction. Contractor proceeds at its own risk if it continues work without such direction.
12. Taxpayer Identification Number. Contractor will provide City with a Taxpayer Identification Number.
13. Permits and Licenses. Contractor, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
14. Waiver. City’s review or acceptance of, or payment for, services rendered by Contractor under this Agreement will not be construed to operate as a waiver of any rights City may have under this Agreement or of any cause of action arising from Contractor’s performance. A waiver by City of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
15. Termination.
A. Except as otherwise provided, City may terminate this Agreement at any time with or without cause.
B. Contractor may terminate this Agreement at any time upon 30 days written notice.
C. Upon receiving a termination notice, Contractor will immediately cease performance under this Agreement unless otherwise provided in the termination notice.
D. Should the Agreement be terminated pursuant to this Section, City may procure on its own terms services similar to those terminated.
E. By executing this document, Contractor waives any and all claims for damages that might otherwise arise from City’s termination under this Section.
16. Statement of Experience. By executing this Agreement, Contractor represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to City. Contractor represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that Contractor is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public City.
35 RFP NO. CM 26-01
30 17. Indemnification.
A. Contractor indemnifies and holds City harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of this Agreement, or its performance, except for such loss or damage arising from City’s sole negligence or willful misconduct. Should City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, Contractor will defend City (at City’s request and with counsel sati sfactory to City) and will indemnify City for any judgment rendered against it or any sums paid out in settlement or otherwise.
B. For purposes of this section “City” includes City’s officers, officials, employees, agents, representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.
D. The requirements as to the types and limits of insurance coverage to be maintained by Contractor as required by this Agreement, and any approval of said insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Contractor pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
18. Assignability. This Agreement is for Contractor’s services. Contractor’s attempts to assign the benefits or burdens of this Agreement without City’s written approval are prohibited and will be null and void.
19. Independent Contractor. City and Contractor agree that Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed.
Contractor will be free to contract for similar service to be performed for other employers while under contract with City. Contractor is not an agent or employee of City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Any provision in this Agreement that may appear to give City the right to direct Contractor as to the details of doing the work or to exercise a measure of control over the work means that Contractor will follow the direction of the City as to end results of the work only.
20. Audit of Records. Contractor will maintain full and accurate records with respect to all services and matters covered under this Agreement. City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. Contractor will retain such financial and program service records for at least three years after termination or final payment under this Agreement.
36 RFP NO. CM 26-01
31 21. Insurance.
A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, Contractor will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits
Commercial general liability: $2,000,000
Business automobile liability $5,000,000
Employer’s liability $1,000,000
Workers compensation Statutory requirement
B. Commercial general liability insurance will meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name City, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City.
C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).
D. Contractor will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time.
Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.”
E. Should Contractor, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at Contractor’s expense and deduct the cost of such insurance from payments due to Contractor under this Agreement or terminate.
22. Use of Subcontractors. Contractor must obtain City’s prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation.
23. Coordination and Reporting. Contractor will meet with City, upon City request, or at least quarterly, to discuss service performance, operational issues, and any recurring concerns.
37 RFP NO. CM 26-01
32 24. Notices.
A. All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Such noticing does not include day -to-day communications between CITY’s and CONTRACTOR’s project managers. Notice sent by mail will be addressed as follows:
To CITY:
To CONTRACTOR:
B. When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery.
C. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
25. Conflict of Interest. Contractor will comply with all conflict of interest laws and regulations including, without limitation, City’s conflict of interest regulations.
26. Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than Contractor’s bona fide employee, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than Contractor’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should Contractor breach or violate this warranty, City may rescind this Agreement without liability.
27. Third Party Beneficiaries. This Agreement and every provision herein is generally for the exclusive benefit of Contractor and City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of Contractor’s or City’s obligations under this Agreement.
28. Interpretation. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
29. Compliance with Law. Contractor agrees to comply with all federal, state, and local laws applicable to this Agreement.
30. Entire Agreement. This Agreement sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written.
This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.
38 RFP NO. CM 26-01
33 31. Rules of Construction. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
32. Severability. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so mo dified, such portion and the balance of this Agreement will continue in full force and effect.
33. Authority/Modification. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. City’s executive manager, or designee, may execute any such amendment on behalf of City.
34. Electronic Signatures. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart.
In accordance with Government Code §16.5, the Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.
35. Captions. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.
36. Time is of Essence. Time is of the essence for each and every provision of this Agreement.
37. Force Majeure. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ reasonable control, then the Agreement will immediately terminate without obligation of either party to the other.
[SIGNATURES ON FOLLOWING PAGE]
39 RFP NO. CM 26-01
34 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written.
Attest: City of Simi Valley, A Municipal Corporation
By:
Lucy Blanco, City Clerk Dee Dee Cavanaugh, Mayor of the City of Simi Valley, California
Approved as to Form:
INSERT NAME OF COMPANY ABOVE
By:
Algeria R. Ford, City Attorney
Print Name:
Approved as to Content: Title:
By:
Samantha C. Argabrite, City Manager
Print Name:
Title:
Johanna Medrano,
Deputy Administrative Services Director/
Budget & Purchasing
Name,
[Department of] Director
40 RFP NO. CM 26-01
35 EXHIBIT B – COST PROPOSAL
41 RFP NO. CM 26-01
36 EXHIBIT C – INSURANCE REQUIREMENTS
To be awarded this contract, t he successful Proposer must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits
Commercial general liability: $2,000,000
Business automobile liability $5,000,000
Employer’s liability $1,000,000
Workers compensation Statutory requirement
Commercial general liability insurance must meet or exceed the requirements of the most recent ISO - CGL Form Number. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance th at may be carried by the City will be excess thereto. Such insurance must be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City.
Professional liability coverage must be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” the Consultant must continue to maintain the insurance in effect for a period of three (3) years after this Agreement expires or is terminated (“extended insurance”). Such extended insurance must have the same coverage and limits as the policy that was in effect during the term of this Agreement, and cover the Consultant for all claims made by the City arising out of any errors or omissions of the Consultant, or its officers, employees or agents during the time this Agreement was in effect.
Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).
The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may b e reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.” Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. The Consultant will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
By signing this form, the Proposer certifies that it has read, understands, and will comply with these insurance requirements if it is selected as the City’s consultant. Failure to provide this form may render the Proposer’s proposal “nonresponsive.”
__________________ ____________________________
Date Proposer
42 1
AGREEMENT NO. 3260146
TOWING SERVICES AGREEMENT
BETWEEN
THE CITY OF SIMI VALLEY
AND
ROY’S TOWING, INC
FIVE-YEAR ON-CALL SERVICES
VEHICLE TOWING AND SECURED STORAGE SERVICES
T
his Towing Service Agreement (“Agreement”) is entered into as of May 4, 2026, by and between the CITY OF SIMI VALLEY, a general law city and municipal corporation (“City”), and ROY’S TOWING, INC., a vehicle towing and secured storage services company (“Contractor”). City and Contractor may be referred to individually as a “Party” and collectively as the “Parties.”
1. R
ecitals. This Agreement is executed with reference to the following facts and objectives:
A. C
ity issued Request for Proposals No. CM 26-01 (“RFP”) to solicit qualified service providers to furnish towing, impound, and storage services for vehicles (i) involved in traffic accidents; (ii) violating federal, state, or local law, including the California Vehicle Code and the Simi Valley Municipal Code; (iii) held by the City of Simi Valley Police Department (“Police Department”) as evidence in criminal cases; and (iv) otherwise requiring towing or impound services at the request of the City.
B. C
ity’s towing needs include two distinct services: (i) Non-City Vehicle Tows, involving privately owned vehicles towed at the request of the Police Department or other authorized City personnel, and (ii) City Vehicle Tows, involving towing of City-owned vehicles, including Police Department vehicles.
C. C
ontractor owns and operates a business providing towing services and garage impound and storage facilities and represents that it meets the qualifications and requirements set forth in the RFP.
D. C
ity seeks to engage Contractor to provide towing and storage services on an on- call basis, and Contractor seeks to provide those services, subject to the terms and conditions of this Agreement.
E. C
ompensation for towing and storage services provided to the public for Non-City Vehicle Tows is paid by vehicle owners or their agents and is subject to maximum rate limitations based on applicable California Highway Patrol Tow Service Agreement rates, as described in this Agreement.
2. Scope of Services.
A. C
ontractor provides towing, impound, and vehicle storage services as requested by the City or the Police Department, in accordance with this Agreement, the RFP, and applicable law.
43 Attachment B
2 B. The RFP is incorporated by reference. If a conflict exists between this Agreement and the RFP regarding operational requirements or service specifications, the RFP controls. If a conflict exists regarding legal terms, risk allocation, or interpretation, this Agreement controls.
C. Contractor furnishes all labor, personnel, vehicles, equipment, facilities, and other resources necessary to perform the services described in this Agreement.
3. City Responsibilities.
A. City may request Contractor to provide services under this Agreement as operational needs require.
B. If Contractor is unable to provide prompt or adequate service, City may request services from another provider without notice to Contractor.
C. Nothing in this Agreement limits the right of a vehicle owner or other person entitled to possession of a vehicle to request a towing operator of their choosing, if available without unreasonable delay.
4. Compensation.
A. Non-City Vehicle Tows.
i. CHP-Associated Rates. To the extent Contractor is subject to an applicable California Highway Patrol Tow Service Agreement (“CHP TSA”), Contractor will not charge fees that exceed the tow and storage rates approved under the CHP TSA applicable to the CHP Ventura County Area Office, or any successor CHP Area assigned to the City. Contractor may charge less than the applicable CHP - approved rates.
ii. Non-CHP TSA Rates. For any towing or storage service not addressed by an applicable CHP TSA, or where Contractor is not subject to a CHP TSA, the rates set forth in Contractor’s submitted and proposed rate schedule , as set forth in Exhibit “A” to this Agreement, which is incorporated by reference, will govern, subject to applicable law and the limitations of this Agreement. Reference to CHP- approved rates is solely for purposes of establishing an external maximum limitation on charges and does not constitute City adoption, approval, or setting of any towing or storage fee.
iii. Maximum Rates; Discretion to Charge Less. The rate provisions set forth in this Section establish the maximum amounts Contractor may charge for Non-City Vehicle Tows under this Agreement. Contractor may charge less than the applicable maximum rates at its discretion. Contractor may voluntarily reduce its retail rates for any service by providing written notice to City. Any such voluntary reduction will apply prospectively and will be effective for Non-City Vehicle Tows requested by the City from and after the effective date stated in the notice. No voluntary rate reduction may exceed, modify, or increase the maximum rates 44 3
permitted under this Agreement, and all such reductions remain subject to the applicable CHP Tow Service Agreement limits and the Ventura County Government Rate Adjustment set forth below.
iv. Ventura County Government Rate Adjustment. Notwithstanding any other provision of this Agreement, if at any time during the Term, Contractor enters into a towing service agreement with another city, county, special district, or state or federal agency located within Ventura County for police- initiated towing and impound services of the same general nature as services provided under this Agreement, and that agreement authorizes Contractor to charge towing or storage rates lower than the maximum rates otherwise permitted under this section for the same or comparable services, then the lowest such rate authorized under that other governmental agreement will automatically become the maximum rate Contractor may charge for the same or comparable service under this Agreement, effective as of the date that lower rate becomes effective for the other agency.
Contractor will provide City with written notice and a copy of the applicable rate schedule within 10 business days after entering into any such agreement or r ate amendment. Failure to provide such notice constitutes a material breach of this Agreement and does not excuse Contractor from compliance with the lower maximum rate as of its effective date.
B. No City Compensation for Public Tows.
City has no obligation to compensate Contractor for towing or storage services provided to the public. Contractor’s compensation for Non-City Vehicle Tows comes solely from charges lawfully collected from vehicle owners or their agents.
C. City Vehicle Tows.
City compensates Contractor for City Vehicle Tows in accordance with the rates set forth in Exhibit “A.” In no event may those rates exceed the applicable CHP Ventura Area Tow Service Agreement rates. City pays these amounts directly and they do not become liens against any vehicle.
D. Not-to-Exceed Compensation.
Notwithstanding any approved rate schedule, total compensation payable by City to Contractor under this Agreement will not exceed $40,000 in any City Fiscal Year, unless City expressly authorizes a higher amount by written amendment executed in accordance with this Agreement and applicable City laws policies. Contractor acknowledges that City has no obligation to request services in excess of this not-to- exceed amount, and Contractor performs any services beyond that amount at its own risk unless City authorizes additional compensation in a prior written amendment. The not-to-exceed amount is a maximum payment limitation only and does not constitute a guarantee of minimum compensation or towing volume.
E. Payment.
Upon receipt of an invoice for work performed to CITY'S satisfaction, CITY shall make progress payments within thirty (30) days of receipt of a detailed invoice. If the work is not performed satisfactorily or the invoice is defective, CITY shall notify CONTRACTOR, in writing, of the reasons within seven (7) days of receipt of invoice.
The intent of this Section is to comply with Public Contract Code Section 20104.50. 45 4
F. Invoice Format and Required Detail.
Contractor must submit invoices for City Vehicle Tows that include, at a minimum, the following as applicable: Contractor’s name, address, and contact information; invoice number and date; requesting City department and incident, case, or tow reference number; tow origin (“from”) and destination (“to”) locations; service dates and times, including request, dispatch, en route, arrival departure, and completion; vehicle year, make, model, color, vehicle identification number (VIN), and license plate number, if available; description of services and charge classifications; quantity of hours or units, as applicable; rates consistent with this Agreement; line-item totals; and total amount due.
The City may return any noncompliant invoice for correction. The City does not consider an invoice received for payment until it complies with this Section. Contractor must maintain records that support all charges and provide them to the City on request, consistent with the Audit of Records section of this Agreement.
5. Term. The term of this Agreement begins on May 4, 2026 and ends on May 3, 2031, unless earlier terminated under this Agreement. City may extend the Agreement for up to two additional one-year terms, for a maximum total contract term of seven years, under the same terms and conditions, by providing written notice to Contractor.
6. Performance Standards. Contractor performs all services in a professional manner consistent with generally accepted industry standards. City notifies Contractor of any deficiencies. Contractor receives up to 15 days after notice to cure deficiencies at Contractor’s expense, unless City determines that a shorter cure period is reasonably necessary for public safety or operational needs.
7. No Franchise; No Exclusive Rights. Nothing in this Agreement grants Contractor a franchise, monopoly, or exclusive right to provide towing or storage services for the City. City may award one or more towing service agreements under the RFP or any successor solicitation and retains the unrestricted right, in its sole discretion, to request towing services from other qualified providers as operational needs require.
8. No Guarantee of Work. This Agreement does not guarantee any minimum number of towing requests, call volume, or revenue. Services requested by the City depend on availability, performance, and operational considerations.
9. Call Assignment Discretion. City retains sole discretion to assign towing requests among one or more contracted providers or to other available providers. This Agreement does not require City to distribute calls equally or to follow a fixed rotation.
10. Temporary Suspension. Without terminating this Agreement, City may temporarily suspend Contractor from receiving towing requests for failure to meet response standards, compliance requirements, or service expectations, upon written notice. Suspension may be lifted at City’s discretion and does not entitle Contractor to damages or lost revenue. 46 5
11. Familiarity with Work.
A. By executing this Agreement, Contractor agrees that it:
i. Has investigated and considered the scope of services to be performed; ii. Has considered how the services will be performed; and iii. Understands the facilities, conditions, difficulties, and restrictions that may affect performance under this Agreement.
B. If the services involve work at any site, Contractor investigates the site conditions before beginning work and becomes familiar with existing conditions. If Contractor discovers any latent or unknown condition that may materially affect performance, Contractor promptly notifies City and does not proceed with the affected work until City provides further direction. Contractor proceeds at its own risk if it continues work without such direction.
12. Taxpayer Identification Number. Contractor will provide City with a Taxpayer Identification Number.
13. Permits and Licenses. Contractor, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
14. Waiver. City’s review or acceptance of, or payment for, services rendered by Contractor under this Agreement will not be construed to operate as a waiver of any rights City may have under this Agreement or of any cause of action arising from Contractor’s performance. A waiver by City of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
15. Termination.
A. Except as otherwise provided, City may terminate this Agreement at any time with or without cause.
B. Contractor may terminate this Agreement at any time upon 30 days written notice.
C. Upon receiving a termination notice, Contractor will immediately cease performance under this Agreement unless otherwise provided in the termination notice.
D. Should the Agreement be terminated pursuant to this Section, City may procure on its own terms services similar to those terminated.
E. By executing this document, Contractor waives any and all claims for damages that might otherwise arise from City’s termination under this Section. 47 6
16. Statement of Experience. By executing this Agreement, Contractor represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to City. Contractor represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that Contractor is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public City.
17. Indemnification.
A. Contractor indemnifies and holds City harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of this Agreement, or its performance, except for such loss or damage ar ising from City’s sole negligence or willful misconduct. Should City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, Contractor will defend City (at City’s request and with counsel satisfactory to City) and will indemnify City for any judgment rendered against it or any sums paid out in settlement or otherwise.
B. For purposes of this section “City” includes City’s officers, officials, employees, agents, representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.
D. The requirements as to the types and limits of insurance coverage to be maintained by Contractor as required by this Agreement, and any approval of said insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Contractor pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
18. Assignability. This Agreement is for Contractor’s services. Contractor’s attempts to assign the benefits or burdens of this Agreement without City’s written approval are prohibited and will be null and void.
19. Independent Contractor. City and Contractor agree that Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed.
Contractor will be free to contract for similar service to be performed for other employers while under contract with City. Contractor is not an agent or employee of City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Any provision in this Agreement that may appear to give City the right to direct Contractor as to the details of doing the work or to exercise a measure of control over the work means that Contractor will follow the direction of the City as to end results of the work only.
20. Audit of Records. Contractor will maintain full and accurate records with respect to all services and matters covered under this Agreement. City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. Contractor will retain such financial and program service records for at least three years after termination or final payment under this Agreement.
48 7
21. Insurance.
A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, Contractor will procure and maintain insurance that meets the requirements set forth in Exhibit “B” to this Agreement, which is incorporated by reference.
B. Should Contractor, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at Contractor’s expense and deduct the cost of such insurance from payments due to Contractor under this Agreement or terminate.
22. Use of Subcontractors. Contractor must obtain City’s prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation.
23. Coordination and Reporting. Contractor will meet with City, upon City request, or at least quarterly, to discuss service performance, operational issues, and any recurring concerns.
24. Notices.
A. All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Such noticing does not include day -to-day communications between CITY’s and CONTRACTOR’s project managers. Notice sent by mail will be addressed as follows:
To CITY: City of Simi Valley, City Manager’s Office
ATTN: Heather Sumagaysay, Deputy City Manager
2929 Tapo Canyon Road
Simi Valley, CA 93063
[email protected]
Cc: City of Simi Valley, Police Department
ATTN: Lincoln Purcell, Assistant Chief of Police
3901 Alamo Street
Simi Valley, CA 93063
[email protected]
To CONTRACTOR: Roy’s Towing, Inc.
ATTN: Roy Conn, President
855 East Easy Street
Thousand Oaks, CA 91362
[email protected]
(805) 371-4330
B. When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery.
49 8
C. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
25. Conflict of Interest. Contractor will comply with all conflict of interest laws and regulations including, without limitation, City’s conflict of interest regulations.
26. Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than Contractor’s bona fide employee, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than Contractor’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should Contractor breach or violate this warranty, City may rescind this Agreement without liability.
27. Third Party Beneficiaries. This Agreement and every provision herein is generally for the exclusive benefit of Contractor and City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of Contractor’s or City’s obligations under this Agreement.
28. Interpretation. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
29. Compliance with Law. Contractor agrees to comply with all federal, state, and local laws applicable to this Agreement.
30. Entire Agreement. This Agreement, including Exhibits “A” and “B,” sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.
31. Rules of Construction. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
32. Severability. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.
33. Authority/Modification. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. City’s executive manager, or designee, may execute any such amendment on behalf of City.
34. Signature Authority. Each individual executing this Agreement represents and warrants that they are duly authorized to execute this Agreement and bind the party on whose behalf they are signing.
50 9
35. Electronic Signatures. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart.
In accordance with Government Code §16.5, the Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.
36. Captions. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.
37. Time is of Essence. Time is of the essence for each and every provision of this Agreement.
38. Force Majeure. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ reasonable control, then the Agreement will immediately terminate without obligation of either party to the other.
[SIGNATURES ON FOLLOWING PAGE]
51 10
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written.
Attest: City of Simi Valley, A Municipal Corporation
By:
Lucy Blanco, City Clerk Dee Dee Cavanaugh, Mayor of the City of Simi Valley, California
Approved as to Form: Roy’s Towing, Inc.
By:
Algeria R. Ford, City Attorney Roy Conn, President
Approved as to Content:
By:
Samantha C. Argabrite, City Manager Linda Walkden, Secretary
Johanna Medrano,
Deputy Administrative Services Director/
Budget & Purchasing
Heather Sumagaysay
Deputy City Manager
52 11
EXHIBIT “A” – COST PROPOSAL
53 CHP Tow Service Agreement 2025-2026 Rates
HOURLY RATE
INSIDE STORAGE
OUTSIDE STORAGE
LABOR
Fork Lift
4x4 Tow Truck
Two Hea Rotator tow tnrcks
RENTAUSKILLED LABOR MARKUP (Yol
$345.00
s440.00
$900.00
$440.00 $488.00 $615.00
s170.00$170.00$r59.00
$159.00
$159.00
s345.00
54 CITY OF SIMI VALLEY
RFP CM 26-01
Vehicle Towing & Secure Storage Services
COST PROPOSAL
Submitted by Roy's Towing, lnc.
1 . PROPOSER IDENTIFICATION
Roy's Towingn lnc.
923 E Easy Street
Simi Valley, CA 93065
Contact: Roy Conn
Phone: (805) 371-4330
Roy's Towing, lnc. submits this Cost Proposal in accordance with the requirements of RFP CM 26-01 - Vehicle Towing & Secure Storage Services.
All rates and fee structures described herein comply with the applicable California Highway Patrol Tow Service Agreement (CHP TSA) for the Ventura County Area Office, as well as the limitations and requirements established by the City of Simi Valley.
2. NON.CITY VEHICLE TOW RATE SCHEDULE
Roy's Towing operates under a California Highway Patrol Tow Service Agreement (CHP TSA) applicable to the Ventura County Area Office.
For all Non-City Vehicle Tows, Roy's Towing shall not charge rates exceeding the CHP- approved maximum rates established under the Ventura County CHP Tow Service Agreement.
These rates include, but are not limited to:
. Class-specific towing rates
. Mileage charges
. Recovery services
. Special equipment usage
. Administrative fees permitted by law
. lnside and outside storage rates
lf Roy's Towing retail rates are lower than GHP-approved maximum rates, the lower rate shall apply.
Services Not Addressed Under CHP TSA
lf any requested service is not expressly covered under the CHP Tow Service Agreement, Roy's Towing submitted rate schedule shall govern, subject to applicable law and the limitations contained within RFP CM 26-01.
r
55 3. CITY VEHICLE TOW RATE SCHEDULE
As per RFP CM 26-01 I agree to the following
As part of the consideration for the Agreement, Proposer will provide, at no cost to the City, routine roadside service for City Vehicle Tows, including, but not limited to, towing Service, changing flat tires, and battery jump-starts to all City-Owned vehicles, up to and including five (5) ton rated vehicles. Proposer will provide these Services at the request of the City Managern Chief of Police, or his/her designee, whenever such City-Owned vehicles require this Service
4. STORAGE RATE DISCLOSURES
For Non-City Vehicle Tows, the following storage policies apply:
. Storage charges begin upon arrival at the storage facility. . Storage is charged per calendar day (midnight to midnight). . Storage charges are waived if the vehicle is released within the first hour of storage. . Only one day of storage will be charged if the vehicle is released within twenty-four (24) hours.
. Storage charges are waived for vehicles held as evidence under California Vehicle Code $22655.5 until law enforcement authorization for release is granted.
All storage practices comply with applicable provisions of Galifornia Vehicle Code $22851 and related statutes governing impound storage and lien procedures.
5. RATE ADJUSTMENTS
Roy's Towing may voluntarily reduce its retail rates during the term of the Agreement upon written notice to the City.
Any voluntary rate reductions:
. Shall not exceed CHP Tow Service Agreement maximum rates . Shall not alter or reduce the City's rate ceiling protections . Shall apply prospectively following written notice
Nothing in this section authorizes rate increases beyond the maximum rates permitted by the applicable CHP Tow Service Agreement.
6. PRIMARY VS. ROTATIONAL SERVICE STRUCTURE
Roy's Towing provides the following pricing structure based on operational service allocation under the Agreement.
Primary Provider Structure (Single-Provider Award)
lf Roy's Towing is designated as the primary towing provider for the City of Simi Valley, Roy's will provide a 5-8% reduction below the Ventura County CHP Tow Service Agreement base tow rates.
56 Mileage, recovery servicesn and storage rates will remain aligned with the applicable CHP Tow Service Agreement rate schedule.
Rotational Provider Structure (Multiple Provider Award) lf the City elects to utilize a rotational or multiple-provider service structure, Roy's Towing rates will remain fully aligned with the Ventura County CHP Tow Service Agreement rate schedule.
These pricing structures reflect operational efficiencies associated with service volume while maintaining full compliance with the CHP Tow Service Agreement and the requirements of RFP CM 26-01.
Cost Stability Statement
Roy's Towing, lnc. is committed to maintaining stable, predictable pricing throughout the term of the Agreement. All rates submitted under this proposal comply with the applicable California Highway Patrol Tow Service Agreement (CHP TSA) for the Ventura County Area Office and will not exceed the maximum rates permitted under that agreement.
Roy's Towing recognizes the importance of cost certainty for municipal operations and public transparency. Accordingly, Roy's will maintain its rate structure consistent with the CHP TSA schedule and applicable law, ensuring that towing, recovery, and storage services remain fair, reasonable, and consistent with regional regulatory standards.
Any voluntary rate reductions offered by Roy's Towing will be communicated to the City in writing and applied prospectively without altering the City's protections under the CHP Tow Service Agreement rate ceilings.
This commitment reflects Roy's Towing's long-standing operational presence in the region and its dedication to providing reliable, compliant, and cost-stable towing services to the City of Simi Valley
7. CERTIFICATION
The undersigned certifies that the rates submitted herein comply with the requirements of RFP CM 26-01, applicable California Highway Patrol Tow Service Agreement rate limitationsn and all applicable provisions of the California Vehicle Code.
Authorized Representative :
Name: o Con ^
Title: f.(t JcwT
Signature:
Date: 3-{-ZaL e
57 12
EXHIBIT “B” – INSURANCE REQUIREMENTS
To be awarded this contract, the successful Proposer must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits
Commercial general liability: $2,000,000
A utomobile liability $1 ,000,000
• On-hook coverage $ 300,000
• Garage keepers $ 225,000
Workers compensation Statutory requirement
Employer’s liability $1,000,000
Commercial general liability insurance must meet or exceed the requirements of the most recent ISO - CGL Form Number. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by the City will be excess thereto. Such insurance must be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City.
Professional liability coverage must be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” the Consultant must continue to maintain the insurance in effect for a period of three (3) years after this Agreement expires or is terminated (“extended insurance”). Such extended insurance must have the same coverage and limits as the policy that was in effect during the term of this Agreement, and cover the Consultant for all claims made by the City arising out of any errors or omissions of the Consultant, or its officers, employees or agents during the time this Agreement was in effect.
Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).
The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.” Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. The Consultant will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
By signing this form, the Proposer certifies that it has read, understands, and will comply with these insurance requirements if it is selected as the City’s consultant. Failure to provide this form may render the Proposer’s proposal “nonresponsive.”
__________________ ____________________________
Date Proposer
58 1
AGREEMENT NO. 3260147
TOWING SERVICES AGREEMENT
BETWEEN
THE CITY OF SIMI VALLEY
AND
DOUBLE J ENTERPRISES INC., DBA SWINK’S TOWING
FIVE-YEAR ON-CALL SERVICES
VEHICLE TOWING AND SECURED STORAGE SERVICES
T
his Towing Service Agreement (“Agreement”) is entered into as of May 4, 2026, by and between the CITY OF SIMI VALLEY, a general law city and municipal corporation (“City”), and DOUBLE J ENTERPRISES INC., DBA SWINK’S TOWING, a vehicle towing and secured storage services company (“Contractor”). City and Contractor may be referred to individually as a “Party” and collectively as the “Parties.”
1. R
ecitals. This Agreement is executed with reference to the following facts and objectives:
A. C
ity issued Request for Proposals No. CM 26-01 (“RFP”) to solicit qualified service providers to furnish towing, impound, and storage services for vehicles (i) involved in traffic accidents; (ii) violating federal, state, or local law, including the California Vehicle Code and the Simi Valley Municipal Code; (iii) held by the City of Simi Valley Police Department (“Police Department”) as evidence in criminal cases; and (iv) otherwise requiring towing or impound services at the request of the City.
B. C
ity’s towing needs include two distinct services: (i) Non-City Vehicle Tows, involving privately owned vehicles towed at the request of the Police Department or other authorized City personnel, and (ii) City Vehicle Tows, involving towing of City-owned vehicles, including Police Department vehicles.
C. C
ontractor owns and operates a business providing towing services and garage impound and storage facilities and represents that it meets the qualifications and requirements set forth in the RFP.
D. C
ity seeks to engage Contractor to provide towing and storage services on an on- call basis, and Contractor seeks to provide those services, subject to the terms and conditions of this Agreement.
E. C
ompensation for towing and storage services provided to the public for Non-City Vehicle Tows is paid by vehicle owners or their agents and is subject to maximum rate limitations based on applicable California Highway Patrol Tow Service Agreement rates, as described in this Agreement.
2. Scope of Services.
A. C
ontractor provides towing, impound, and vehicle storage services as requested by the City or the Police Department, in accordance with this Agreement, the RFP, and applicable law.
59 Attachment C
2 B. The RFP is incorporated by reference. If a conflict exists between this Agreement and the RFP regarding operational requirements or service specifications, the RFP controls. If a conflict exists regarding legal terms, risk allocation, or interpretation, this Agreement controls.
C. Contractor furnishes all labor, personnel, vehicles, equipment, facilities, and other resources necessary to perform the services described in this Agreement.
3. City Responsibilities.
A. City may request Contractor to provide services under this Agreement as operational needs require.
B. If Contractor is unable to provide prompt or adequate service, City may request services from another provider without notice to Contractor.
C. Nothing in this Agreement limits the right of a vehicle owner or other person entitled to possession of a vehicle to request a towing operator of their choosing, if available without unreasonable delay.
4. Compensation.
A. Non-City Vehicle Tows.
i. CHP-Associated Rates. To the extent Contractor is subject to an applicable California Highway Patrol Tow Service Agreement (“CHP TSA”), Contractor will not charge fees that exceed the tow and storage rates approved under the CHP TSA applicable to the CHP Ventura County Area Office, or any successor CHP Area assigned to the City. Contractor may charge less than the applicable CHP - approved rates.
ii. Non-CHP TSA Rates. For any towing or storage service not addressed by an applicable CHP TSA, or where Contractor is not subject to a CHP TSA, the rates set forth in Contractor’s submitted and proposed rate schedule , as set forth in Exhibit “A” to this Agreement, which is incorporated by reference, will govern, subject to applicable law and the limitations of this Agreement. Reference to CHP- approved rates is solely for purposes of establishing an external maximum limitation on charges and does not constitute City adoption, approval, or setting of any towing or storage fee.
iii. Maximum Rates; Discretion to Charge Less. The rate provisions set forth in this Section establish the maximum amounts Contractor may charge for Non-City Vehicle Tows under this Agreement. Contractor may charge less than the applicable maximum rates at its discretion. Contractor may voluntarily reduce its retail rates for any service by providing written notice to City. Any such voluntary reduction will apply prospectively and will be effective for Non-City Vehicle Tows requested by the City from and after the effective date stated in the notice. No voluntary rate reduction may exceed, modify, or increase the maximum rates 60 3
permitted under this Agreement, and all such reductions remain subject to the applicable CHP Tow Service Agreement limits and the Ventura County Government Rate Adjustment set forth below.
iv. Ventura County Government Rate Adjustment. Notwithstanding any other provision of this Agreement, if at any time during the Term, Contractor enters into a towing service agreement with another city, county, special district, or state or federal agency located within Ventura County for police- initiated towing and impound services of the same general nature as services provided under this Agreement, and that agreement authorizes Contractor to charge towing or storage rates lower than the maximum rates otherwise permitted under this section for the same or comparable services, then the lowest such rate authorized under that other governmental agreement will automatically become the maximum rate Contractor may charge for the same or comparable service under this Agreement, effective as of the date that lower rate becomes effective for the other agency.
Contractor will provide City with written notice and a copy of the applicable rate schedule within 10 business days after entering into any such agreement or r ate amendment. Failure to provide such notice constitutes a material breach of this Agreement and does not excuse Contractor from compliance with the lower maximum rate as of its effective date.
B. No City Compensation for Public Tows.
City has no obligation to compensate Contractor for towing or storage services provided to the public. Contractor’s compensation for Non-City Vehicle Tows comes solely from charges lawfully collected from vehicle owners or their agents.
C. City Vehicle Tows.
City compensates Contractor for City Vehicle Tows in accordance with the rates set forth in Exhibit “A.” In no event may those rates exceed the applicable CHP Ventura Area Tow Service Agreement rates. City pays these amounts directly and they do not become liens against any vehicle.
D. Not-to-Exceed Compensation.
Notwithstanding any approved rate schedule, total compensation payable by City to Contractor under this Agreement will not exceed $40,000 in any City Fiscal Year, unless City expressly authorizes a higher amount by written amendment executed in accordance with this Agreement and applicable City laws policies. Contractor acknowledges that City has no obligation to request services in excess of this not-to- exceed amount, and Contractor performs any services beyond that amount at its own risk unless City authorizes additional compensation in a prior written amendment. The not-to-exceed amount is a maximum payment limitation only and does not constitute a guarantee of minimum compensation or towing volume.
E. Payment.
Upon receipt of an invoice for work performed to CITY'S satisfaction, CITY shall make progress payments within thirty (30) days of receipt of a detailed invoice. If the work is not performed satisfactorily or the invoice is defective, CITY shall notify CONTRACTOR, in writing, of the reasons within seven (7) days of receipt of invoice.
The intent of this Section is to comply with Public Contract Code Section 20104.50. 61 4
F. Invoice Format and Required Detail.
Contractor must submit invoices for City Vehicle Tows that include, at a minimum, the following as applicable: Contractor’s name, address, and contact information; invoice number and date; requesting City department and incident, case, or tow reference number; tow origin (“from”) and destination (“to”) locations; service dates and times, including request, dispatch, en route, arrival departure, and completion; vehicle year, make, model, color, vehicle identification number (VIN), and license plate number, if available; description of services and charge classifications; quantity of hours or units, as applicable; rates consistent with this Agreement; line-item totals; and total amount due.
The City may return any noncompliant invoice for correction. The City does not consider an invoice received for payment until it complies with this Section. Contractor must maintain records that support all charges and provide them to the City on request, consistent with the Audit of Records section of this Agreement.
5. Term. The term of this Agreement begins on May 4, 2026 and ends on May 3, 2031, unless earlier terminated under this Agreement. City may extend the Agreement for up to two additional one-year terms, for a maximum total contract term of seven years, under the same terms and conditions, by providing written notice to Contractor.
6. Performance Standards. Contractor performs all services in a professional manner consistent with generally accepted industry standards. City notifies Contractor of any deficiencies. Contractor receives up to 15 days after notice to cure deficiencies at Contractor’s expense, unless City determines that a shorter cure period is reasonably necessary for public safety or operational needs.
7. No Franchise; No Exclusive Rights. Nothing in this Agreement grants Contractor a franchise, monopoly, or exclusive right to provide towing or storage services for the City. City may award one or more towing service agreements under the RFP or any successor solicitation and retains the unrestricted right, in its sole discretion, to request towing services from other qualified providers as operational needs require.
8. No Guarantee of Work. This Agreement does not guarantee any minimum number of towing requests, call volume, or revenue. Services requested by the City depend on availability, performance, and operational considerations.
9. Call Assignment Discretion. City retains sole discretion to assign towing requests among one or more contracted providers or to other available providers. This Agreement does not require City to distribute calls equally or to follow a fixed rotation.
10. Temporary Suspension. Without terminating this Agreement, City may temporarily suspend Contractor from receiving towing requests for failure to meet response standards, compliance requirements, or service expectations, upon written notice. Suspension may be lifted at City’s discretion and does not entitle Contractor to damages or lost revenue. 62 5
11. Familiarity with Work.
A. By executing this Agreement, Contractor agrees that it:
i. Has investigated and considered the scope of services to be performed; ii. Has considered how the services will be performed; and iii. Understands the facilities, conditions, difficulties, and restrictions that may affect performance under this Agreement.
B. If the services involve work at any site, Contractor investigates the site conditions before beginning work and becomes familiar with existing conditions. If Contractor discovers any latent or unknown condition that may materially affect performance, Contractor promptly notifies City and does not proceed with the affected work until City provides further direction. Contractor proceeds at its own risk if it continues work without such direction.
12. Taxpayer Identification Number. Contractor will provide City with a Taxpayer Identification Number.
13. Permits and Licenses. Contractor, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
14. Waiver. City’s review or acceptance of, or payment for, services rendered by Contractor under this Agreement will not be construed to operate as a waiver of any rights City may have under this Agreement or of any cause of action arising from Contractor’s performance. A waiver by City of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
15. Termination.
A. Except as otherwise provided, City may terminate this Agreement at any time with or without cause.
B. Contractor may terminate this Agreement at any time upon 30 days written notice.
C. Upon receiving a termination notice, Contractor will immediately cease performance under this Agreement unless otherwise provided in the termination notice.
D. Should the Agreement be terminated pursuant to this Section, City may procure on its own terms services similar to those terminated.
E. By executing this document, Contractor waives any and all claims for damages that might otherwise arise from City’s termination under this Section. 63 6
16. Statement of Experience. By executing this Agreement, Contractor represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to City. Contractor represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that Contractor is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public City.
17. Indemnification.
A. Contractor indemnifies and holds City harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of this Agreement, or its performance, except for such loss or damage ar ising from City’s sole negligence or willful misconduct. Should City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, Contractor will defend City (at City’s request and with counsel satisfactory to City) and will indemnify City for any judgment rendered against it or any sums paid out in settlement or otherwise.
B. For purposes of this section “City” includes City’s officers, officials, employees, agents, representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.
D. The requirements as to the types and limits of insurance coverage to be maintained by Contractor as required by this Agreement, and any approval of said insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Contractor pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
18. Assignability. This Agreement is for Contractor’s services. Contractor’s attempts to assign the benefits or burdens of this Agreement without City’s written approval are prohibited and will be null and void.
19. Independent Contractor. City and Contractor agree that Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed.
Contractor will be free to contract for similar service to be performed for other employers while under contract with City. Contractor is not an agent or employee of City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Any provision in this Agreement that may appear to give City the right to direct Contractor as to the details of doing the work or to exercise a measure of control over the work means that Contractor will follow the direction of the City as to end results of the work only.
20. Audit of Records. Contractor will maintain full and accurate records with respect to all services and matters covered under this Agreement. City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. Contractor will retain such financial and program service records for at least three years after termination or final payment under this Agreement.
64 7
21. Insurance.
A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, Contractor will procure and maintain insurance that meets the requirements set forth in Exhibit “B” to this Agreement, which is incorporated by reference.
B. Should Contractor, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at Contractor’s expense and deduct the cost of such insurance from payments due to Contractor under this Agreement or terminate.
22. Use of Subcontractors. Contractor must obtain City’s prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation.
23. Coordination and Reporting. Contractor will meet with City, upon City request, or at least quarterly, to discuss service performance, operational issues, and any recurring concerns.
24. Notices.
A. All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Such noticing does not include day -to-day communications between CITY’s and CONTRACTOR’s project managers. Notice sent by mail will be addressed as follows:
To CITY: City of Simi Valley, City Manager’s Office
ATTN: Heather Sumagaysay, Deputy City Manager
2929 Tapo Canyon Road
Simi Valley, CA 93063
[email protected]
Cc: City of Simi Valley, Police Department
ATTN: Lincoln Purcell, Assistant Chief of Police
3901 Alamo Street
Simi Valley, CA 93063
[email protected]
To CONTRACTOR: Double J Enterprises Inc., DBA Swink’s Towing ATTN: Jeff Holzer, President/CEO
4506 Industrial Street
Simi Valley, CA 93063
[email protected]
(805) 331-3962
B. When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery.
C. Changes may be made in the names or addresses of persons to whom notices are to be 65 8
given by giving notice in the manner prescribed in this paragraph.
25. Conflict of Interest. Contractor will comply with all conflict of interest laws and regulations including, without limitation, City’s conflict of interest regulations.
26. Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than Contractor’s bona fide employee, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than Contractor’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should Contractor breach or violate this warranty, City may rescind this Agreement without liability.
27. Third Party Beneficiaries. This Agreement and every provision herein is generally for the exclusive benefit of Contractor and City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of Contractor’s or City’s obligations under this Agreement.
28. Interpretation. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
29. Compliance with Law. Contractor agrees to comply with all federal, state, and local laws applicable to this Agreement.
30. Entire Agreement. This Agreement , including Exhibits “A” and “B, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.
31. Rules of Construction. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
32. Severability. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.
33. Authority/Modification. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. City’s executive manager, or designee, may execute any such amendment on behalf of City.
34. Signature Authority. Each individual executing this Agreement represents and warrants that they are duly authorized to execute this Agreement and bind the party on whose behalf they are signing.
66 9
35. Electronic Signatures. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart.
In accordance with Government Code §16.5, the Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.
36. Captions. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.
37. Time is of Essence. Time is of the essence for each and every provision of this Agreement.
38. Force Majeure. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ reasonable control, then the Agreement will immediately terminate without obligation of either party to the other.
[SIGNATURES ON FOLLOWING PAGE]
67 10
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written.
Attest: City of Simi Valley, A Municipal Corporation
By:
Lucy Blanco, City Clerk Dee Dee Cavanaugh, Mayor of the City of Simi Valley, California
Approved as to Form: Double J Enterprises Inc., DBA Swink’s Towing
By:
Algeria R. Ford, City Attorney Jeff Holzer, President and Secretary
Approved as to Content:
Samantha C. Argabrite, City Manager
Johanna Medrano,
Deputy Administrative Services Director/
Budget & Purchasing
Heather Sumagaysay
Deputy City Manager
68 11
EXHIBIT “A” – COST PROPOSAL
69 PROPOSAL FOR OFFICIAL VEHICLE
TOWINGAND SECURE STORAGE SERVICES
RFP NO. CM 26.0I
FIVE YEAR CONTRACT
with Options to Renew
Submitted to:
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Simi Valley Police Department
3901 Alamo Street
SimiValley, CA 93063
Submitted bv:
-
Double J Enterprises Inc., DBA Swinks Towing
4506 lndustrial Street
SimiValley, CA 93063
Primarv Contact:
Jeff Holzer/President and CEO
Gell: 805-331-3962
Email : [email protected]
Secondary Contact:
Tom Manwell/Swinks Towing Supervisor
Phone: 805-522-2262
Cell : 805-823-3627 - 2417
Email : wreckeriomc@hotmai l.com
Date: -7;-Z-Vrl-4
70 I
RFP NO. CM 26-01
CITY OF SIMI VALLEY
REQUEST FOR PROPOSAL ACKNOWLEDGEMENT FORM
PROPOSALS ARE DUE NO LATER THAN 3:30 P.M. ON MARCH 5,2026.
The City of Simi Valley is seeking proposals from qualifled firms to provide Vehicle Towing and Secure Storage Services, RFP NO. CM 26-01.
Submit three (3) original Proposals of the Technical Qualifications and three (3) Proposals for the Cost Proposal in separate envelopes to:
Gity Clerk's Offlce
2929 Tapo Canyon Road
SimiValley, CA 93063
Proposer must honor proposal prices for 90 days.
Proposals must include this Proposal form and be signed by the vendor's authorized representative.
Award of a corttract, if any, will be made by the City Council based upon the criteria set forth in this Request for Proposal and will be made based upon the qualifications, rather than lowest price.
PROPOSER TO READ
I have, read, understood, and agree to the terms and conditions on all pages of this Request for Proposal. Thb undersigned agreos to furnish the commodity or service stipulated on this Proposal as stated above.
JEFF HOLZER Double J. Enterprises, lnc., dba Swinks Towing CompanyName (Print)
Owner and Chief of Operations 4506 lndustrial Street, Simi Valley, CA93063 Title of Person Address
805-522-2262
Signature Company Phone No
2. 3.
4. 1
71 RFP NO. CM 26-01
TABLE OF CONTENTS
VOLUME II - COST PROPOSAL
OfficialVehicle Towing and Secure Storage Services
Double J Enterprises, lnc.
dba Swinks Towing
TABLE OF CONTENTS 1
Proposed Fee Schedule.......
A. Police-lnitiated Towing Rates
B. Administrative Charges and Lien Processing Fees.
1. Lien Sale Processing - Vehicles Valued at $4,000 or Less
2. Lien Sale Processing - Vehicles Valued Over $4,000 ........
3. Accident Scene Cleanup (Absorbent Material)...
4. After-Hours Release Fee (Gate Fee).................
5. Payment and Release Compliance
ll. City-Owned Vehicle Towing
lll. Fee Compliance Statement ......
lV. Rate Stability
V. Existing Rotation Acknowledgment.
Vl. Authorized Signature .,.
Vll. Appendices
1. Appendix A - lntercity Public Towing Flat Rate Price Sheets......8-17 2 2
3 4
5 5
.6
.6
7 7
,7
72 RFP NO. CM 26-01
VOLUME II _ COST PROPOSAL
RFP NO. CM 26-01
Official Vehicle Towing and Secure Storage Services
Double J Enterprises, lnc.
dba Swinks Towing
l. Proposed Fee Schedule
All rates proposed below are for police-initiated tows performed at the direction of the Simi Valley Police Department and are consistent with applicable California Highway Patrol regulations governing maximum allowable towing and storage charges within Ventura County.
Ugm-DutyTow
tdotorqfcle To r,J
tvleditrn-h4yTorr
l-leavy-Duty To'.v
A" Police-lnitiated Towing Rates
(Per Occunence - Base Contrott BrfesJ
ServkeType Proposed Rate Minirxfii Charge
1-tlour mininH.sn
"l-$our m;ninnj.n
aiEur mininxrn
z+our minirrlrn
Early Release Adjustment
7a daily rate ($45.00) if released within 4 hours of
arrival
1/z daily rate ($22.50) if released within 4 hours of
arrival
1/2 daily rate ($75.00) if released within 4 hours of
arrival
Vz daily rate ($87.50) if released within 4 hours of
$e?5,00
$27i00
$,t5e00
$550"m
B. Daily Storage Rates
(Per Vehicle, Per Calendor Doy)
Service Type . Proposed Daily Rate
Liglrt-Duty Storage $90.00
Motorrycle Storage $4s.00
Medium-Duty Storage $150.00
Heavy-Duty Storage $175.00
arrival
2 73
RFP NO. CM 26-01
Rates shall remain fixed for the first twelve (12) months of the Agreement. Thereafter, any request for adjustment shall be made in accordance with the Consumer Price lndex (CPl-U) annual adjustment provisions included in this Proposal and shall require written approval by the City prior to implementation.
1. Annual CPI Adjustment Methodology (City of Simi Valley) Towing and storage fees established under this Agreement shall remain fixed for the first twelve (12) months following contract commencement. For any future adjustments, the Contractor may request an adjustment to the approved fee schedule based on the percentage change in the Consumer Price lndex for All Urban Gonsumers (GP|-U) for the Ventura County Area for the 12-month period ending in September.
The percentage change in the CPI-U shall be the sole basis for any adjustment, upward or downward. A decrease in the CPI must be applied to the fees, All adjustments are subject to City review and approval prior to becoming effective.
The contractor agrees to submit any request for an annual CPI adjustment no later than sixty (60) days before the adjustment date.
Any requested adjustment:
a. Shall not exceed the percentage increase in the CPI-U for the applicable period.
b. Shall be capped at a maximum of three percent (3%) per year. c. Shall reflect any decrease in CPI-U, if applicable.
d. Shall be subject to written review and approval by the City prior to implementation.
e. Shall not become effective without written authorization from the City. f. No rate increase shall occur automatically.
B. Administrative Charges and Lien Processing Fees
All administrative and lien-related fees listed below are assessed in accordance with applicable provisions of the California Vehicle Code and California Highway Patrol Maximum Towing and Storage Rate Guidelines for Ventura County. Fees are applied only when the corresponding statutory process is initiated and performed.
1. Lien Sale Processing - Vehicles Valued at $4,000 or Less (see table on next page.)
J
74 {Abbreviated Lien Sale Procedure}
Servke Description
RFP NO. CM 26-01
ApplicEtiDn
Applied once r\fien !'lotice o,f Pencling Liefl Sale is subrnittFd to DMV
Application
App{ied once whefl full lien sale process is
initiated
Applied onlyyrhen a legal owneror finan<e
company must be notified
Applied only ufren absoftent msterials are uled to mitigate roadrvB/ hazards il trdffi.c collision scenes at the clirection of law erforcemerit
Fee
!-ien Sale Cornpletion Fee $35.OO Applied once upon completion sf lien sdle process Vehicles valued at $4,000 or less are processed under abbreviated lien sale procedures pursuant to the California Vehicle Code. Required DMV documentation and certified notices are submitted. lf no declaration of opposition is received within the statutory timeframe, the lien sale may proceed without judicial action.
2. Lien Sale Processing - Vehicles Valued Over $4,000
Lien s€le lnitiation Fe€ i3soo
{Full Uen Sale Procedure)
s€rvice Deicription
Lien Sale Initiation Fee
LegEl O$'ner/ Finance Comptrrl/ Notifrcation
Proc€ssing
Absrbent tvtaterial
Deplsyment
Fee
$5ffn
$1s.m
Lien Sale Completian Fee Ss,o'OO Applied once upon ct)mpletion of lien sale process
Vehicles valued over $4,000 are subject to full lien sale procedures under the California Vehicle Code. This includes required notifications to registered and legal owners and compliance with statutory waiting periods. lf opposition is filed, additional legal steps may be required as prescribed by law.
3. Accident Scene Cleanup (Absorbent Material)
Servke Description Fee Application
s4u00
This charge applies only when absorbent material is physically deployed by towing personnel to address vehicle fluid spills resulting from traffrc collisions. The fee is not applied to standard tovrring operations where no absorbent is u5ed"
4 75
A. Standard After-Hours Gate Fees
Service Oescription F€e
After-Hour5 V€hi(le Rel€ase - SVPD To,,v $137'00
After-Hours V€hicle REI€ase - CHP / EVSO /
MPPD ToW
$162,00
4. After-Hours Vehicle Release Fee
RFP NO. CM 26-01
Applic6tion
App{ied once per vehicle release outside rEgular
'rveekday business hourr or during weel(erds
Applted once p€r vehicle releate outride regular
'reekday busin€ss hours or during weelcends
B. Medium- and Heavy-Duty After-Hours Gate Fees
fipplicoble when medium- or heovy-duty towing servres ore per{ormed oubide regulor busrness hours dt the dircrtion of law enforcement)
Service Type Hourly Rate (y: Standard Ratel Minimum Minimum CharqE Medium-DJty Aft€r-Hours Gate $225.00/hr 2-hour minimum t450'00 Fe€
Heavy-Duty After-Hours Gat€ $275,0o/hr 3-hour minimurn $82s,00 Fee
Fee Calculation & Application
The After-Hours Vehicle Release (Gate Fee) applies once per vehicle when release occurs outside posted regular weekday business hours or at any time during weekends. This fee is not assessed during regular business hours.
Medium- and Heavy-Duty After-Hours Gate Fees are calculated at one-half (%) of the applicable standard hourly towing rate and are subject to the minimum hour requirements stated above.
All after-hours fees are assessed only when services are performed at the direction of the authorizing law enforcement agency and in accordance with applicable California Vehicle Code and California Highway Patrol rate guidelines.
5. Payment & Release Compliance
Swinks Towing agrees to comply with California law regarding a. Accepted forms of payment:
1. Cash/Debit Cards
2. CTTA Certified Checks
3. All major forms of Credit Cards*
5 76
RFP NO. CM 26-01
*Credit card payments are subject to a 3% processing fee consistent with applicable laws governing payment processing charges. This fee represents the actual cost incurred for credit card transactions and is not assessed on other forms of payment.
ll. City-Owned Vehicle Towing
A. Standard Public Rate
1. Swinks Towing's standard non-police initiated, intown tow rate for private parties within the city limits of Simi Valley is $125.00 (cash on delivery).
B. ln-Citv Citv/Police Requests
1. Towing services for vehicles owned by the City of Simi Valley or requested by the Simi Valley Police Department shall be provided at no charge, provided the tow both originates and terminates within the city limits,
2. No administrative or storage charges shall apply unless storage is specifically requested by the City.
G. Out-of-Citv Transport
1. City-requested transport of City-owned vehicles beyond the city limits shall be billed in accordance with Swinks Towing's established intercity flat-rate pricing schedule applicable to the general public.
2. Such rates are separate from and not subject to the police-initiated tow rates set forth in this Cost Proposal.
3. lntercity rates are determined by origin and destination and are applied uniformly.
lll. Fee Compliance Statement
All rates proposed herein comply with applicable provisions of the California Vehicle Code and the California Highway Patrol Maximum Towing and Storage Rate Guidelines governing police-initiated tows within Ventura County. No fees beyond those identified above shall be charged in connection with seruices performed under this agreement unless expressly authorized by law and approved by the City.
6 77
RFP NO. CM 26-01
lV. Rate Stability
Proposed rates shall remain in effect for the duration of the contract term unless adjustments are required by changes to California Highway Patrol-authorized maximum rates or other applicable regulatory mandates. Any such adjustment shall be subject to written notice and Gity approval.
V. Existing Rotation Acknowledgment
Swinks Towing currently provides police-initiated towing services for the Simi Valley Police Department, California Highway Patrol, East Valley Sheriff's Office, and Moorpark Police Department under applicable regulatory guidelines. The proposed rates are consistent with rates currently charged under those agreements.
Vl. Authorized Signature
Authorized Representative:
Name: ,ffi4tzzr Title: rPrt-i/-,e-
Date: 3 -"y-Hz
7 78
RFP NO. CM 26-01
Vll. Appendices
1. Appendix A - lntercity/Public Towing Flat Rate Sheet SWINKS TOWTNG I INTERCITY TOWING RATES I UPDATED NOVEMBDR 202s
MILES CITY CASH RATE CREDIT CARD RATE
43 ACTON $st o $525.30
97 ADELANTO $850 $875.50
25 AGOURA HILLS $225 $231.75
48 ALHAMBRA $465 $478.95
94 ALISO VIEJO $845 $870.35
44 ALTADENA $51 0 $525,30
65 ANAHEIM $61 0 $628.30
108 APPLE VALLEY $860 $885.80
51 ARCADIA $520 $535.60
24 ARLETA $3oo $309.00
61 ARTESIA $6oo $618.00
86 ATWOOD $660 $679.80
55 AZUSA $565 $581.95
33 AGUA DULCE $5oo $515.00
100 BAKERSFIELD $ee0 $1019.70
50 BALDWIN PARK $550 $566.50
115 BANNING $1000 $1030.00
160 BARSTOW $1600 $1648.00
109 BEAUMONT $860 $885.80
50 BELL $515 $530.45
50 BELLFLOWER $535 $551.05
45 BELL GARDENS $500 $515.00
8 79
RFP NO. CM 26-01
67 BELMONT SHORES $685 $705.55
35 BEVERLY HILLS $450 $463.50
110 BIG BEAR $860 $885.80
75 BREA $ogs $715.85
35 BRENTWOOD $425 $437.75
55 BUENA PARK $580 $597.40
25 BURBANK $320 $329.60
19 CALABASAS $3oo $309.00
28 CAMARILLO $330 $339.90
14 CANOGA PARK $zzs $231.75
30 CANYON COUNTRY $285 $293.55
100 CAPISTRANO BEACH $850 $875,50
128 CARLSBAD $1005 $1035.15
63 CARSON $650 $669.50
36 CASTIC $sso $360.50
35 CENTURY CITY $410 $422.30
57 CERRITOS $590 $607.70
37 CHANNEL ISLANDS $365 $375.95
10 CHATSWORTH $200 $206.00
73 CHINO $6e0 $710.70
67 CLAREMONT $610 $628.30
92 COLTON $eoo $927.00
40 COMMERCE $515 $530.45
56 COMPTON $525 $540.75
82 CORONA $865 $890.95
82 CORONA DEL MAR $8eo $916.70
9 80
78 COSTA MESA $710 $731.30
58 COVINA $585 $602.55
41 CULVER CITY $450 $463.50
66 CYPRESS $645 $664.35
95 DANA POINT $845 $870.35
63 DIAMOND BAR $650 $669.50
30 DODGER STADIUM /
ECHO PARK
$425 $437.75
RFP NO. CM 26-01
swrNKS TOWTNG I TNTERCTTY TOWTNG RATES I UPDATED NOVEMBER 202s
CASH RATE CREDIT CARD RATE
DOWNEY $565 $581.e553
DUARTE $520 $535.6053
40 EAGLE ROCK $430 $442.90
48 E. LOS ANGELES $455 $468.65
47 E. PASADENA $480 $494.40
EDGEMONT $1015 $1045.45115
158 EL CAJON $1 500 $1545.00
60 EL MONTE $575 $592.25
55 EL SEGUNDO $525 $540.75
22 ENCINO $300 $309.00
23 FILLMORE $300 $309.00
38 FLINTRIDGE $370 $381.10
39 FLORENCE $370 $381.10
81 FONTANA $865 $890.95
69 FOUNTAIN VALLEY $695 $715.85
72 FRAZIER PARK $700 $721.00
l0
81 200 FRESNO $1 600 $1648.00
65 FULLERTON $670 $690.10
61 GARDEN GROVE $650 $669.50
45 GARDENA $460 $473.80
33 GLENDALE $425 $437.75
55 GLENDORA $550 $566.50
66 GORMAN $68s $705.55
20 GRANADA HILLS $235 $242.05
49 GREEN VALLEY $450 $463.50
55 HACIENDA HEIGHTS $550 $566.50
52 HAWTHORNE $570 $587.10
135 HEMET $1200 $1236.00
RFP NO. CM 26-01
SWINKS TOWTNG I TNTERCITY TOWTNG RATES I UPDATED NOVEMBER 2025
MILES CITY CASH RATE CREDIT CARD RATE
56 HERMOSA BEACH $550 $566.50
114 HESPERIA $1110 $1143.30
46 HIGHLAND PARK $465 $478.95
95 HIGHGROVE $845 $870.35
50 HOLLYDALE $525 $540.75
35 HOLLYWOOD $420 $432.60
73 HUNTINGTON BEACH $6eo $710.70
45 HUNTINGTON PARK $465 $478.95
75 IRVINE $70o $721.00
38 LA CANADA $440 $453.20
34 LA CRESENTA $420 $432.60
85 LAGUNA BEACH $750 $772.50
ll
82 82 LAGUNA HILLS $740 $762.20
86 LAGUNA NIGUEL $755 $777.65
56 LA HABRA $550 $566.50
114 LAKE ARROWHEAD $1110 $1133.00
105 LAKE ELSINORE $e50 $978.50
45 LAKE HUGHES $465 $478.95
33 LAKEVIEW TERRACE $365 $375.95
57 LAKEWOOD $595 $612.85
55 LA MIRADA $550 $566.50
63 LANCASTER $530 $545.90
59 LA PUENTE $600 $618.00
63 LA VERNE $61 5 $633.45
53 LAWNDALE $520 $535.60
58 LITTLEROCK $575 $592.25
90 LOMA LINDA $81 o $834.30
RFP NO. CM 26-01
swrNKs TowrNG I TNTERCTTY TOWTNG RATES I UPDATED NOVEMBER 202s
MILES CITY
60 LONG BEACH $620 $638.60
55 LOS ALAMITOS $550 $566.50
51 LAX $475 $489.25
31 DTLA $450 $463.50
50 LYNWOOD $565 $581.95
35 MALIBU $qzs $437.75
62 MANHATTAN BEACH $61 0 $628.30
45 MARINA DEL REY $450 $463.50
80 MIRA LOMA $650 $669.50
t2
83 18 MISSION HILLS $240 $247.20
85 MISSION VIEJO $750 $772.50
97 MOJAVE $825 $849.75
50 MONROVIA $565 $581.95
47 MONTEBELLO $520 $535.60
45 MONTEREY PARK $st s $530.45
66 MONTCLAIR $625 $643.75
65 NAPLES $61 5 $633.45
24 NEWBURY PARK $4oo $412.00
25 NEWHALL $450 $463.50
79 NEWPORT BEACH $71 0 $731.30
85 NORCO $745 $767.35
25 NORTH HOLLYWOOD $400 $412.00
16 NORTHRIDGE $230 $236,90
55 NORWALK $550 $566.50
21 NORTH HILLS $250 $257.50
RFP NO. CM 26-01
swrNKs TowrNG I TNTERCTTY rowrNc RATES I UPDATED NOVEMBER 2025
MILES CITY CASH RATE CREDIT CARD RATE
28 OAK PARK $285 $293.55
58 OAKVIEW $550 $566.50
42 OCEAN PARK $485 $499.55
66 OJAI $580 $597.40
70 ONTARIO $71 5 $736.45
61 ORANGE $695 $715.85
42 OXNARD $445 $458.35
94 OCEANSIDE $e1 5 $942.45
l3
84 165 PALM DESERT $1300 $1,339.00
25 PACOIMA $335 $345.05
55 PALMDALE $485 $499.55
155 PALM SPRINGS $1225 $1,261.75
63 PALOS VERDE $590 $607.70
21 PANORAMA CITY $255 $262.65
55 PARAMOUNT $575 $592.25
40 PASADENA $450 $463.50
63 PEARBLOSSOM $585 $602.55
115 PERRIS $ee0 $1019.70
48 PICO RIVERA $495 $509.85
68 PLACENTIA $600 $618.00
48 PLAYA DEL REY $480 $494.40
65 POMONA $555 $571.65
33 PORT HUENEME $425 $437.75
16 PORTER RANCH $2oo $206.00
90 REDLANDS $800 $824.00
60 REDONDO BEACH $550 $566.50
18 RESEDA $255 $262.65
RFP NO. CM 26-01
swrNKs rowING I INTERCITY TOWTNG RATES I UPDATED NOVEMBER 2025
MILES CITY CASH RATE CREDIT CARD RATE
84 RIALTO $710 $731.30
94 RIVERSIDE $825 $849.75
65 ROLLING HILLS $ses $602.55
50 ROSEMEAD $565 $581.95
82 ROSEMOND $775 $798.25
l4
85 65 ROWLAND HEIGHTS $560 $576.80
72 RANCHO CUCAMONGA $590 $607.70
150 SANTA MARIA $1 325 $1364.75
100 SAN BERNARDINO $825 $849.75
105 SAN CLEMENTE $840 $865.20
140 SAN DIEGO $1185 $1220.55
60 SAN DIMAS $s65 $581.95
21 SAN FERNANDO $265 $272.95
47 SAN GABRIEL $50o $515.00
128 SAN JACINTO $1125 $1158.75
354 SAN JOSE $2500 $2575.00
97 SAN JUAN CAPISTRANO $880 $906.40
60 SAN PEDRO $550 $566.50
72 SANTA ANA $620 $638.60
75 SANTA BARBARA $650 $669.50
27 SANTA CLARITA $320 ($4oo
AFTER 3PM)
$329.60
41 SANTA MONICA $400 $412.00
36 SANTA PAULA $385 $3e6.55
23 SANTA ROSA VALLEY $260 $267.80
32 SATICOY $380 $391.40
RFP NO. CM 26-01
SWINKS TOWING I INTERCTTY TOWTNG RATES I UPDATED NOVEMBER 2025
MILES CITY CASH RATE CREDIT CARD RATE
35 SAUGUS $385 $396.55
68 SEAL BEACH $645 $664.35
26 SHERMAN OAKS $350 $360.50
60 SIGNAL HILL $515 $530.45
l5
86 47 SILVERLAKE $5oo $515,00
25 SOMIS $235 $242.05
51 SOUTH EL MONTE $495 $509.85
44 SOUTH GATE $425 $437.75
43 SOUTH PASADENA $41 5 $427.45
50 SOUTH SAN GABRIEL $445 $458.35
29 STUDIO CITY $320 $329.60
29 SUNLAND $320 $329.60
24 SUN VALLEY $3oo $309.00
26 SYLMAR $31 5 $324.45
50 SANTA FE SPRINGS $st o $525.30
20 TARZANA $325 $334.75
31 TEMPLE CITY $455 $468.65
30 THOUSAND OAKS $225 $231.75
50 T.O. AUTOMALL $250 $257.50
31 TOLUCA LAKE $gso $360.50
50 TORRANCE $500 $515.00
65 TUSTIN $5zs $592.25
90 UPLAND $750 $772.50
28 VALENCIA $400 $412.00
24 VAN NUYS $2e0 $298.70
43 VENICE $450 $463.50
46 VENTURA $450 $463.50
RFP NO. CM 26-01
swrNKS TOWTNG I TNTERCTTY TOWTNG RATES I UPDATED NOVEMBER 202s
MILES CITY CASH RATE CREDIT CARD RATE
35 VERDUGO $415 $427.45
97 VICTORVILLE $e00 $927.00
t6
87 RFP NO. CM 26-01
167 VISALIA $1400 $1442.00
60 WALNUT $650 $669.50
45 CITY OF WATTS $440 $453.20
55 WEST COVINA $590 $607.70
30 WEST HOLLYWOOD $450 $463.50
22 WESTLAKE VILLAGE $250 $257.50
50 WEST LOS ANGELES $545 $561.35
36 WESTWOOD $465 $478.95
59 WHITTIER $550 $566.50
62 WILMlNGTON $625 $643.75
17 WINNETKA $250 $257.50
16 WOODLAND HILLS $3oo $309.00
104 WRIGHTWOOD $945 $973.35
14 WEST HILLS $275 $283.25
END OF SHEET
t7
88 RFP NO, CM 26-01
EXHIBIT A . CONTRACT SAMPLE
The successful Proposer will be requirgdto enter into the sample contract as provided below.
AGREEMENT NO. Click here to enter text.
TOWING SERVICES AGREEMENT
BETWEEN
THE CITY OF SIMIVALLEY
AND
DOUBLE J. ENTERPRISES, INC,, DBA SWINKS TOWING
46 .YEAR ONCALL SERVICES
VEHICLE TOWING & SEGURE ATORAGE SERVICES
This Towing Service Agreement ("Agreement") is entered into as of 2026, by and between the CITY OF SlMl VALLEY, a general law city and municipal corporation ("City"), and swlxxs rownrc , a [STATE] IENTITY TYPE] ("Contracto/').
City and Contractor may be referred to individually as a "Party" and collectively as the "Parties."
1. Recitals. This Agreement is executed with reference to the following facts and objectives:
A. City issued Request for Proposals No. CM 26-01 ("RFP') to solicit qualified service providers to furnish towing, impound, and storage services for vehicles (i) involved in traffic accidents; (ii)violating federal, state, or local law, including the California Vehicle Code and the SimiValley Municipal Code; (iii) held by the City of SimiValley Police Department ("Police Department") as evidence in criminal cases; and (iv) otherwise requiring towing or impound services at the request of the City.
B. City's towing needs include two distinct services: (i) Non-City Vehicle Tows, involving privately owned vehicles towed at the request of the Police Department or other authorized City personnel, and (ii) City Vehicle Tows, involving towing of City-owned vehicles, including Police Department vehicles.
C. Contractor owns and operates a business providing towing services and garage impound and storage facilities and represents that it meets the qualifications and requirements set forth in the RFP.
D. City seeks to engage Contractor to provide towing and storage services on an on- call basis, and Contractor seeks to provide those services, subject to the terms and conditions of this Agreement.
E. Compensation for towing and storage services provided to the public for Non-City Vehicle Tows is paid by vehicle owners or their agents and is subject to maximum rate limitations based on applicable California Highway Patrol Tow Service Agreement rates, as described in this Agreement.
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2. Scope of Services.
A. Contractor provides towing, impound, and vehicle storage services as requested by the City or the Police Department, in accordance with this Agreement, the RFP, and applicable law.
B. The RFP is incorporated by reference. lf a conflict exists between this Agreement and the RFP regarding operational requirements or service specifications, the RFP controls. lf a conflict exists regarding legal terms, risk allocation, or interpretation, this Agreement controls.
C. Contractor furnishes all labor, personnel, vehicles, equipment, facilities, and other resources necessary to perform the services described in this Agreement.
3. City Responsibilities.
A. City may request Contractor to provide services under this Agreement as operational needs require.
B. lf Contractor is unable to provide prompt or adequate service, City may request services from another provider without notice to Contractor.
C. Nothing in this Agreement limits the right of a vehicle owner or other person entitled to possession of a vehicle to request a towing operator of their choosing, if available without unreasonable delay.
4. Compensation
A. Non-City Vehicle Tows.
i. CHP-Associated Rates. To the extent Contractor is subject to an applicable California Highway Patrol Tow Service Agreement ("CHP TSA'), Contractor will not charge fees that exceed the tow and storage rates approved under the CHP TSA applicable to the CHP Ventura County Area Office, or any successor CHP Area assigned to the City. Contractor may charge less than the applicable CHP- approved rates.
ii. Non-CHP TSA Rates. For any towing or storage service not addressed by an applicable CHP TSA, or where Contractor is not subject to a CHP TSA, the rates set forth in Contractor's submitted rate schedule will govern, subject to applicable lgw and the limitations of this Agreement. Reference to CHP-approved rates is solely for purposes of establishing an external maximum limitation on charges and does not constitute City adoption, approval, or setting of any towing or storage fee. iii. Maximum Rates; Discretion to Charge Less. The rate provisions set forth in this Section establish the maximum amounts Contractor may charge for Non-City Vehicle Tows under this Agreement. Contractor may charge less than the 26 90
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applicable maximum rates at its discretion. Contractor may voluntarily reduce its retail rates for any service by providing written notice to City. Any such voluntary reduction will apply prospectively and will be effective for Non-City Vehicle Tows requested by the City from and after the effective date stated in the notice. No voluntary rate reduction may exceed, modify, or increase the maximum rates permitted under this Agreement, and all such reductions remain subject to the applicable CHP Tow Service Agreement limits and the Ventura County Government Rate Adjustment set forth below.
iv. Ventura County Government Rate Adjustment. Notwithstanding any other provision of this Agreement, if at any time during the Term, Contractor enters into a towing service agreement with another city, county, special district, or state or federal agency located within Ventura County for police-initiated towing and impound seryices of the same general nature as services provided under this Agreement, and that agreement authorizes Contractor to charge towing or storage rates lower than the maximum rates othenrvise permitted under this section for the same or comparable services, then the lowest such rate authorized under that other governmental agreement will automatically become the maximum rate Contractor may charge for the same or comparable service under this Agreement, effective as of the date that lower rate becomes effective for the other agency.
Contractor will provide City with written notice and a copy of the applicable rate schedule within 10 business days after entering into any such agreement or rate amendment. Failure to provide such notice constitutes a material breach of this Agreement and does not excuse Contractor from compliance with the lower maximum rate as of its effective date.
B. No City Compensation for Public Tows.
City has no obligation to compensate Contractor for towing or storage services provided to the public. Contractor's compensation for Non-City Vehicle Tows comes solely from charges lawfully collected from vehicle owners or their agents.
C. City Vehicle Tows.
City compensates Contractor for City Vehicle Tows in accordance with the rates set forth in Contractor's proposal. ln no event may those rates exceed the applicable CHP Ventura Area Tow Service Agreement rates. City pays these amounts directly and they do not become liens against any vehicle.
D. Not-to-Exceed Compensation.
Notwithstanding any approved rate schedule, total compensation payable by City to Contractor under this Ag reement will not exceed $ in any City Fiscal Year, unless City expressly authorizes a higher amount by written amendment executed in accordance with this Agreement and applicable City laws policies. Contractor acknowledges that City has no obligation to request services in excess of this not-to- exceed amount, and Contractor performs any services beyond that amount at its own risk unless City authorizes additional compensation in a prior written amendment. The not-to- exceed amount is a maximum payment limitation only and does not constitute a guarantee of minimum compensation or towing volume.
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5. Term. The term of this Agreement begins on 2026, and ends on 2031, unless earlier terminated under this Agreement. City may extend the Agreement for up to two additional one-year terms, for a maximum total contract term of seven years, under the same terms and conditions, by providing written notice to Contractor.
6. Performance Standards. Contractor performs all services in a professional manner consistent with generally accepted industry standards. City notifies Contractor of any deficiencies. Contractor receives up to 15 days after notice to cure deficiencies at Contractor's expense, unless City determines that a shorter cure period is reasonably necessary for public safety or operational needs.
7. No Franchise; No Exclusive Rights. Nothing in this Agreement grants Contractor a franchise, monopoly, or exclusive right to provide towing or storage services for the City. City may award one or more towing service agreements under the RFP or any successor solicitation and retains the unrestricted right, in its sole discretion, to request towing services from other qualified providers as operational needs require.
8. No Guarantee of Work. This Agreement does not guarantee any minimum number of towing requests, call volume, or revenue. Services requested by the City depend on availability, performance, and operational considerations.
9. Call Assignment Discretion. City retains sole discretion to assign towing requests among one or more contracted providers or to other available providers. This Agreement does not require City to distribute calls equally or to follow a fixed rotation.
10. Temporary Suspension. Without terminating this Agreement, City may temporarily suspend Contractor from receiving towing requests for failure to meet response standards, compliance requirements, or service expectations, upon written notice. Suspension may be lifted at City's discretion and does not entitle Contractor to damages or lost revenue.
11. Familiarity with Work.
A. By executing this Agreement, Contractor agrees that it:
i. Has investigated and considered the scope of services to be performed; ii. Has considered how the services will be performed; and iii. Understands the facilities, conditions, difficulties, and restrictions that may affect performance under this Agreement.
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B. lf the services involve work at any site, Contractor investigates the site conditions before beginning work and becomes familiar with existing conditions. lf Contractor discovers any latent or unknown condition that may materially affect performance, Contractor promptly notifies City and does not proceed with the atfected work until City provides further direction. Contractor proceeds at its own risk if it continues work without such direction.
12. Taxpayer ldentification Number. Contractor will provide City with a Taxpayer ldentification Number.
13. Permits and Licenses. Contractor, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
14. Waiver. City's review or acceptance of, or payment for, services rendered by Contractor under this Agreement will not be construed to operate as a waiver of any rights City may have under this Agreement or of any cause of action arising from Contractor's performance. A waiver bi City of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
15. Termination.
A. Except as otherurise provided, City may terminate this Agreement at any time with or without cause.
B. Contractor may terminate this Agreement at any time upon 30 days written notice.
C. Upon receiving a termination notice, Contractorwill immediately cease performance under this Agreement unless otherwise provided in the termination notice.
D. Should the Agreement be terminated pursuant to this Section, City may procure on its own terms services similar to those terminated.
E. By executing this document, Contractor waives any and all claims for damages that might othenryise arise from City's termination under this Section.
16. Statement of Experience. By executing this Agreement, Contractor represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to City. Contractor represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that Contractor is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public City. 29 93
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17. lndemnification.
A. Contractor indemnifies and holds City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Agreement, or its performance, except for such loss or damage arising from City's sole negligence or willful misconduct. Should City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, Contractor will defend City (at City's request and with counsel satisfactory to City) and will indemnify City for any judgment rendered against it or any sums paid out in settlement or otheruvise.
B. For purposes of this section "City" includes City's officers, officials, employees, agents, representatives, and certified volunteers.
C. lt is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.
D. The requirements as to the types and limits of insurance coverage to be maintained by Contractor as required by this Agreement, and any approval of said insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations othenryise assumed by Contractor pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
18. Assignability. This Agreement is for Contractor's services. Contractor's attempts to assign the benefits or burdens of this Agreement without City's written approval are prohibited and will be null and void.
19. lndependent Contractor. City and Contractor agree that Contractor will act as an independent contractor and will have control of allwork and the manner in which is it performed.
Contractor will be free to contract for similar service to be performed for other employers while under contract with City. Contractor is not an agent or employee of City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Any provision in this Agreement that may appear to give City the right to direct Contractor as to the details of doing the work or to exercise a measure of control over the work means that Contractor will follow the direction of the City as to end results of the work only.
20. Audit of Records. Contractor will maintain full and accurate records with respect to all services and matters covered under this Agreement. City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. Contractor will retain such financial and program service records for at least three years after termination or final payment under this Agreement.
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21. lnsurance.
A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, Contractor will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Tvpe of lnsurance Limits
Commercial general liability:
Business automobile liability
Employer's liability
Workers compensation
$2,000,000
$5,000,000
$1,000,000
Statutory requirement
B. Commercial general liability insurance will meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City.
C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).
D. Contractor will furnish to City duly authenticated Certificates of lnsurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. lnsurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:Vll."
E. Should Contractor, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at Contractor's expense and deduct the cost of such insurance from payments due to Contractor under this Agreement or terminate.
22. Use of Subcontractors. Contractor must obtain City's prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation.
23. Coordination and Reporting. Contractor will meet with City, upon City request, or at least quarterly, to discuss service performance, operational issues, and any recurring concerns. 31 95
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24. Notices.
A. All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Such noticing does not include dayto-day communications between CITY's and CONTRACTOR's project managers. Notice sent by mail will be addressed as follows:
To CITY:
To CONTRACTOR:
B. When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. ln all other instances, notices will be deemed given at the time of actual delivery.
C. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
25. Gonflict of lnterest. Contractor will comply with all conflict of interest laws and regulations including, without limitation, City's conflict of interest regulations.
26. Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than Contractor's bona fide employee, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than Contractor's bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should Contractor breach or violate this warranty, City may rescind this Agreement without liability.
27.Third Party Beneficiaries. This Agreement and every provision herein is generally for the exclusive benefit of Contractor and City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of Contractor's or City's obligations under this Agreement.
28. lnterpretation. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
29. Compliance with Law. Contractor agrees to comply with all federal, state, and local laws applicable to this Agreement.
30. Entire Agreement. This Agreement sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written.
This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.
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31. Rules of Construction. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
32. Severability. lf any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.
33. Authority/Modification. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. City's executive manager, or designee, may execute any such amendment on behalf of City.
34. Electronic Signatures. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. ln accordance with Government Code S16.5, the Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.
35. Captions. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.
36. Time is of Essence. Time is of the essence for each and every provision of this Agreement
37. Force Majeure, Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' reasonable control, then the Agreement will immediately terminate without obligation of either party to the other.
ISIGNATURES ON FOLLOWTNG PAGEI
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lN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year flrst hereinabove written.
Attest: City of SlmiValley, A Municipal Corporation
Lucy Blanco, City Clerk Dee Dee Cavanaugh, Mayor ofthe
City of Simi Valley, California
DOUBLE J. ENTERPRISES, INC., DBA SWINKS TOWINGApproved as to Form:
INSERT NAME OF COMPANY ABOVE
By:
Algeria R. Ford, City Attorney
Print Name. JEFF HoLzER
Approved as to Content: 11;9. PRESIDENT AND GHIEF oF OPERATIONS By:
Samantha C. Argabrite, City Manager
Print Name:
Title
Johanna Medrano,
Deputy Administrative Services Director/
Budget & Purchasing
Name,
[Department ofl Director
By:
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EXHIBIT “B” – INSURANCE REQUIREMENTS
To be awarded this contract, the successful Proposer must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits
Commercial general liability: $2,000,000
A utomobile liability $1 ,000,000
• On-hook coverage $ 300,000
• Garage keepers $ 225,000
Workers compensation Statutory requirement
Employer’s liability $1,000,000
Commercial general liability insurance must meet or exceed the requirements of the most recent ISO - CGL Form Number. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be c arried by the City will be excess thereto. Such insurance must be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City.
Professional liability coverage must be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” the Consultant must continue to maintain the insurance in effect for a period of three (3) years after this Agreement expires or is terminated (“extended insurance”). Such extended insurance must have the same coverage and limits as the policy that was in effect during the term of this Agreement, and cover the Consultant for all claims made by the City arising out of any errors or omissions of the Consultant, or its officers, employees or agents during the time this Agreement was in effect.
Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).
The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.” Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. The Consultant will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
By signing this form, the Proposer certifies that it has read, understands, and will comply with these insurance requirements if it is selected as the City’s consultant. Failure to provide this form may render the Proposer’s proposal “nonresponsive.”
__________________ ____________________________
Date Proposer
99