Yucaipa City Council
May 12, 2025

CITY OF
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AGENDA REPORT
DATE: May 12, 2025
TO: Honorable Mayor and City Council
FROM: Trevor Benson, Public Safety Manager '
Item No. 18
SUBJECT: Ordinance No. 456 -Adding Chapter 10.20 to Title 10 of the Yucaipa Municipal Code Regarding Vehicle Towing
RECOMMENDATION:

That the City Council approve the introduction and first reading of Ordinance No. 456, an Ordinance of the City of Yucaipa, California, adding Chapter 10.20 to Title 10 of the Yucaipa Municipal Code Regarding Vehicle Towing.

BACKGROUND/DISCUSSION:

To support law enforcement actions conducted in accordance with California Vehicle Code 22651, Authority to Remove Vehicles, the City requires the services of an official police tow service (OPTS) provider for the efficient and safe removal of vehicles from roadways. These services are necessary to provide roadside assistance or tow services for disabled motorists, removal of inoperative vehicles involved in traffic collisions, removal of vehicles or other objects creating traffic hazards, the impound of abandoned vehicles, the impound of vehicles as criminal evidence, the impound of vehicles whose owners have failed to pay multiple outstanding parking citations as prescribed by state and local law, and assistance for disabled police or other City vehicles.

Requirements for the Provision of Services:

To efficiently provide the necessary services in a manner expected by the City, the OPTS must meet requirements pertaining to its location, response time, accessibility, lot size/storage capability, security, and designated space for evidence storage.

Location — The provider's facility must be in a location that is convenient for community members and City personnel. Location within the City is preferable so that community members (who may not have access to a vehicle due to an impound) are not burdened with the necessity to travel out of the City to pick up their vehicle and/or retrieve personal belongings. Police Department personnel also access the facility frequently, and a location in the City reduces staff travel time.

Response Time — The provider must be able to promptly respond to all requests for service at any time during the day or night, on weekends, and on holidays.

Accessibility — The provider's location must be readily accessible to provide services for community members and City personnel as needed. The Police Department requires prompt access to the facility at all times for the purposes of conducting criminal investigations.

Security — The provider's location must have adequate security to ensure the safe storage of privately owned vehicles, City vehicles, and items of evidence. Security requirements include enclosed (by wall or fencing) secure storage areas, methods for restricted entry/exit, lighting, and security measures to reasonably preclude theft or damage to stored vehicles.

History of Agreements:

In previous years the Yucaipa Police Department (San Bernardino Sheriffs Department) would select and determine the OPTS providers. Staff believe bringing this action into the City's purview would better serve our residents.

Towing Service Agreement(s):

As noted in Attachment 1, "Towing Services Agreement" ("TSA" and as defined in Attachment 1) contains rules and regulations that a company agrees to comply with in order to provide tow services to the San Bernardino County Sheriffs Department in its contracted capacity as the Yucaipa Police Department (YPD), as well as other City Departments, such as Yucaipa Fire Department and Yucaipa Code Enforcement and Park Rangers. Compliance with all of the terms and conditions of the TSA is mandatory for tow companies participating in the YPD Rotation Tow Program.

An Operator (as defined in Attachment 1), by agreeing to participate in the program, does not establish an employment relationship with the YPD or the City of Yucaipa, and is not acting as an agent for the YPD or City of Yucaipa when performing services under the Agreement. For clarification purposes, definitions are contained in Attachment 1 contains a summarized listing of California Vehicle Code (CVC) and Civil Code laws applicable to all tow companies in the State of California and contains a listing of tow truck equipment specifications and equipment use requirements applicable to all YPD rotation tow Operators.

It is the policy of the City to select a professional service provider based on demonstrated competence and qualifications for the types of services to be performed.

This activity has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and as such, is not a "project" subject to the requirements of the California Environmental Quality Act (CEQA) 14 Cal. Code Regs § 15378.

FISCAL IMPACT:

The recommendation does not result in a fiscal impact.

Attachment(s):

1. Tow Service Agreement (Sample)

2. Ordinance No. 456
Approved by;,,.�

ATTACHMENT 1

AGREEMENT FOR SERVICES:

The following is the Agreement which will be required to be executed by all Tow Companies once their Proposals are approved by the City Council.

AGREEMENT BETWEEN THE CITY OF YUCAIPAAND

FOR TOWING SERVICES

WITHIN THE CITY LIMITS OF YUCAIPA
THIS AGREEMENT, made and entered into this day of
, 2025, by and between the City of Yucaipa (hereinafter referred to as "CITY") and , a Towing Company (hereinafter referred to as the "OPERATOR"). The CITY and OPERATOR shall be referred to collectively as "the Parties."

WITNESSETH
WHEREAS, CITY seeks to engage the services of the OPERATOR to participate in CITY Tow Rotation Program ("PROGRAM") fortowing services throughoutthe CITY for the removal of vehicles from the public Right -of -Way (i.e. "Off -Site Vehicle Removal") and the removal of inoperable vehicles from private property (i.e. "Vehicle Abatement Services") at no cost or charge to the CITY, or its contract services with the San Bernardino County Sheriff's Department.

WHEREAS, CITY agrees to utilize, on a rotational basis, for the PROGRAM, only those OPERATOR(S) located in the CITY , who have signed an Agreement with the CITY.

WHEREAS,the OPERATOR whois a signatoryto this Agreement, has completed and su bmitted the necessaryTowing Applications and otherdocuments required by CITY and has been approved by the CITY to participate in the PROGRAM.

WHEREAS, OPERATOR represents that it has the necessary expertise, equipment, storage facilities, personnel, and insurance to meet all requirements of CITY to provide towing services within the CITY.

WHEREAS, CITY has relied upon OPERATOR representations in entering into this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants herein contained, the Parties hereto agree as follows:

Section 1. Definitions.

The following defined terms shall be used in this Agreement:

APPEAL: The final level of review for written reprimands, suspensions, terminations, or review of a CITY'S decision regarding disciplinary action.

AREA: City of Yucaipa Corporate Boundary.

CHP: The Department of the California Highway Patrol.

ENROLLMENT PERIOD: The period of time when a tow company may submit an application for inclusion on the CITY'S Rotation Tow List.

LOAD SALVAGE OPERATIONS: Any operation involving the recovery of a load which has been spilled, or the off-loading and reloading of a load from an overturned vehicle performed in orderto uprightthe vehicle. Thiswill be limited to operations involving Class B, C, and D TOW TRUCKS.

NOTICE: All notices relating to this Agreement shall be in writing and delivered to the other Party in person, via FAX, or by US Mail.

OPERATOR: A tow service which has signed the Tow Service Agreement, and is approved to receive CITY referred calls. The term, "operator' refers to the company, its owner(s), and its manager(s) whohave authorityto enter intoan Agreementwith the CITY for towing services and to conduct business in accordance with the terms of this Agreement.

PORTAL TO PORTAL: Service shall start at the time of departure from the place of business orpointof dispatch, whichever iscloserto the location of the call, and shall end at the estimated time of return to the place of business or the completion of the call, if another call is pending, whichever is shorter. Return to place of business includes a reasonable and verifiable amount of time required to place the TOW TRUCK back into service when unusual circumstances require additional time that are not part of normal operating procedures. (Examples: 1) 4 X 4 recovery in the mud: reasonable to charge for cleaning mud from truck and equipment; 2) burned car on car carrier: reasonable to charge for cleaning burn debris from carrier bed; 3) car towed from side of road on misty night and leaves mud track on bed of carrier: not reasonable to charge for cleaning of carrier bed.)
POSSESSION: Pursuantto Section 3068.1 of the Civil Code, possession is deemed to arise when the vehicle is removed and is in transit.

PUBLIC SAFETY RESPONSE: A responsewhich results in a storage of a vehicle atthe direction of an officer. This does not include storage at the request of the vehicle

operator, registered owner, or agent.

RECOVERY OPERATION: An operation involving the process of uprighting an overturned vehicle or returning a vehicle to a normal position on the roadway which requiresthe use of auxiliary equipment due tothesizeor location of the vehicle. This will normally be limited to operations requiring a Class B, C or D TOW TRUCK(s).

RESPONSE TIME: The period of time from an operator's notification by the CITY Communications Center of a call to the arrival of the TOW TRUCK at the location requested.

RETAIL RATE: The usual customaryretail rate charged by an operatorto individual retail customers. This is the competitive rate a company has posted in the office and quotes over the phone.

SUSPENSION: Removal of an operator from the CITY'S Rotation Tow List fora specified period of time. Suspensions may be for periods longer than the current term of the Agreement.

TERMINATION: Permanent removal of a tow operatorfrom the CITY'S Rotation Tow List for the remainder of the term of the Agreement and disqualification from any further participation in the PROGRAM.

TOW TRUCK: A tow truck as defined in Section 615(a) of the California Vehicle Code.

Also includes slide back carriers and wheel life vehicles.

TOW DISTRICT: The geographical area in which an operator may receive CITY referred calls.

WRITTEN REP RIMAND:A written notice to an operator wh i ch specif ies an y violation (s) of the Tow Service Agreement, orders corrective action, and warns of f u rth er acti on (s) to be taken if corrective action is not taken.

Section 2. General Responsibilities of OPERATOR.

A. OPERATOR shall provide towing services at the request and direction of the San Bernardino County Sheriff's Department (hereinafter referred to as the "YUCAIPA POLICE DEPARTMENT') and CITY'S Code Enforcement Division AND YUCAIPA POLICE DEPARTMENT for all tows necessary from public Right -of -Way and from private property. Callsfortowing services from public Right-of-Wayshallbe initiated by the YUCAIPA POLICE DEPARTMENTand callsfor towing services from private property shall be initiated by the CITY'S Code Enforcement Division under the CITY's Vehicle Abatement Program.

B. The OPERATOR shall be responsible for reasonable cleanup of debris left at the scene of a collision or at the direction of the YUCAIPA POLICE DEPARTMENT.

C. Pursuantto Vehicle Code Section 12110, there shall be no charge or fee to the CITY, including the CITY'S Code Enforcement Division, Fire Department, or the YUCAIPA POLICE DEPARTMENT for any towing services by the OPERATOR, including vehicles towed at the request of the CITY/YUCAIPA POLICE DEPARTMENT in which the vehicle is used in the commission of a crime or other matters in which the vehicle must be impounded for investigation and/or further analysis. All charges or fees shall be applied only to the legal owner or registered owner of the vehicle or to the property owner as appropriate.

All referenceto charges or fees in thisAgreement and in exhibitsthereto shall refer to charges against the vehicle owner and not to the CITY, including the CITY'S Code Enforcement Division, or the YUCAIPA POLICE DEPARTMENT.

D. If the OPERATOR called is unable to respond within 20 minutes ("MAXIMUM RESPONSE TIME"), the OPERATOR must advise the originatorof the call (either the YUCAIPA POLICE DEPARTMENT, Fire Department or CITY'S Code Enforcement Division, as appropriate) at the time of the call regarding the anticipated RESPONSE TIME. If the anticipated RESPONSE TIME is unacceptable, other towing arrangements will be made by YUCAIPA POLICE DEPARTMENT or CITY'S Code Enforcement Division.

E. The OPERATOR will furnish satisfactory evidence of liability insurance, provide adequate protection of disabled vehicles, and any property contained in such vehicles, while being towed and during storage. Policy expiration dates and any notice of cancellation will befurnished to the CITY immediately upon receipt by the OPERATOR.

F. The OPERATOR shall maintain records of tow services furnished including a description of vehicles, nature of service and time and location of calls. Such records may be inspected at any time by the YUCAIPA POLICE DEPARTMENT and CITY. The OPERATOR shall mark the windshield of each vehicle towed as part of the PROGRAM to read: "City of Yucaipa" and either "impounded" or "stored."
G. The OPERATOR and its TOW TRUCK drivers shall be properly licensed, in accordance with California Vehicle Code ("CVC") Sections 12804.7 and 12804.9(b) and the CITY's business license requirements.

H. Towing vehicles shall be maintained in compliance with the provisions of CVC Sections 24605, 25253, 25300, 27700, and 27907.

The OPERATOR shall complywith CVC Section 10652 in reporting the storage of vehicles over 30 days. The YUCAIPA POLICE DEPARTMENTwill be furnished a

copy of the Report, which the OPERATOR is required to furnish to the Department of Justice by Registered Mail.

K. The OPERATOR shall also be available as necessary to tow any CITY vehicle at no charge. Such vehicles will include: CITY Vehicles, Yucaipa Fire Department/CDF California Department of Forestry ("CalFire") Trucks and associated vehicles, and YUCAIPA POLICE DEPARTMENT patrol cars and associated vehicles. Further. the OPERATOR shall assist the CITY and YUCAIPA POLICE DEPARTMENT in changin_g flat tires, lump start dead batteries and/or other incidental vehicle problems that may occur from time - to -time during the Agreement period.

L. If applicable, the OPERATOR shall provide to the CITY applicable Forms CHP 234A, CHP 234B and CHP 234F that shall be kept current during the time period of this Agreement.

Section 3. Responsibilities of CITY.

If the City selects more than one OPERATOR, the CITY shall establish and maintain a Rotational Tow List ("LIST"), which shall be used by the YUCAIPA POLICE DEPARTMENT and CITY'S Code Enforcement Division.

Section 4. Rotation Lists.

A. The CITY shall maintain a LIST to ensure an equitable distribution of calls.

B. A call to an OPERATOR shall constitute one turn on the LIST and the OPERATOR shall be moved to the bottom of the LIST. This includes when the OPERATOR fails to answer the phone, is unable to respond, or is canceled because the OPERATOR cannot respond in less time than the MAXIMUM RESPONSE TIME. If it is determined that the OPERATOR is not needed and is canceled by the CITY/YUCAIPA POLICE DEPARTMENT, upto and includingthe time the OPERATOR arrives at the scene, there shall be no charges and the OPERATOR will be placed back at the top of the LIST.

1. If the OPERATOR is canceled by the vehicle's owneror agent prior to the OPERATOR taking POSSESSION of the vehicle, there shall be no charges for towing. The OPERATOR shall immediately contactthe CITY/YUCAIPA POLICE DEPARTMENT and advise them of the cancellation. The OPERATOR will then be placed back at the top of the LIST.

2. If service, other than towing and recovery, has begun and is canceled by the vehicle's owneror agent, the OPERATOR may charge a minimum of one-half ofthe regular hou rlyservice charge, forthe time expended on the call. For purposes of cancellation, service begins when physical work on

the vehicle has begun, not the response. No lien shall arise forth service unless the OPERATOR has presented a written statement to the vehicle's owner or agent forth e signed authorization of services to be performed. a. The OPERATOR shall not attempt to take POSSESSION of the vehicle in order to establish a lien for any non -towing services performed, or begun and subsequently canceled, when notentitled to such lien by law. Refer to Civil Code Section 3068.1 for when a lien begins.

D. If two or more OPERATORS are called to the same incident, distribution of the vehicles shall be atthe discretion of the YUCAIPA POLICE DEPARTMENT.

E. YUCAIPA POLICE DEPARTMENT may direct an OPERATOR to move vehicles to help clear a roadway or for lifesaving operations. OPERATORS shall provide the assistance as directed. There shall be no charge for this assistance, and the assistance provided shall not change the OPERATOR'S place on the LIST.

F. An OPERATOR must have business office and/or storage facility located within the CITY. A secondary business and storage facility, which mustalso be located within the CITY, does not qualifythe OPERATOR for an additional position on the LIST.

Section 5. TOW TRUCK Classifications.

A. An OPERATOR shall equip and maintain TOW TRUCKS covered underthis Agreement in accordance with the provisions set forth in the California Vehicle Code, Title 13 of the California Code of Regulations and the specifications contained in this Agreement, and con sistentwith industrystandardsand practices.

1. Notwithstanding CVC Section 615, all TOW TRUCKS shall have recovery capabilities, wheel lift capabilities, and a boom meeting the specifications contained in this Agreement. For the purpose of the Agreement, "a trailer for hire that is being used to transport a vehicle" shall not qualify as a primary TOW TRUCK for the LIST.

2. An OPERATOR who has a car carrier may be exempted from the recovery, wheel lift, and boom capability requirements. However, the car carrier must bean additional unit.

B. A violation of the Gross Vehicle Weight Rating ("GVWR") and safe loading requirements of a TOW TRUCK shall be cause for immediate suspension.This includes exceeding the TOW TRUCK'SGVWR, frontaxleweightrating, rear axle

weight rating, maximum tire weightratings, or not maintaining 50 percent of the TOW TRUCK'S unladen weight on the front axle when lifting / carrying a load.

C. There will be four classes of TOW TRUCKs covered under this Agreement.

1. Class A - Light Duty
a. An OPERATOR shall maintain a minimum of one TOW TRUCK with a manufacturer's GVWR of at least 10,000. Class A equipment specifications can be found in Attachment of this Agreement. 1) The CITY may require more than one (1) TOW TRUCK in
areas where rapid response for congestion relief is
required.
2) A "trailer for hire" shall not be approved for listing as a Class A TOW TRUCK.
3) Tow companies whose equipment had previously been
approved, but who do not have wheel lift capabilities, may apply for and receive a Class A Tow Rotation Listing.

However, equipment purchased on or after July 1, 2000,
shall not be approved unless the equipment brings the
OPERATOR into compliance with the minimum
requirements.

2. Class B -Medium Duty
a. An OPERATOR shall maintain at least one TOW TRUCK with a manufacturer's GVWR of at least 19,501 pounds. The TOW TRUCK shall be equipped with air brakes and must be capable of providing and maintaining continuous airto the towed vehicle.
1) The CITY may require more than one (1) TOW TRUCK in
areas where rapid response for congestion relief is required.

3. Class C - Heavy Duty
a. An OPERATOR shall maintain at leastone three -axle TOW TRUCK with a manufacturer's Gross Vehicle Weight Rating (GVWR) of at least 33,000 pounds. The TOW TRUCK shall be equipped with air brakes and must be capable of providing and maintaining continuous airto the towed vehicle.

b. The CITY may require more than one (1) TOW TRUCK in areas where rapid response for congestion relief is required.

4. Class D - Su per Heavy Duty
a. An OPERATOR shall maintain at least one three -axle TOW TRUCK with a manufacturer's GVWR of at least 50,000 pounds. The TOW TRUCK shall be equipped with air brakes and must be capable of providing and maintaining continuous airto the towed vehicle. b. The CITY may require more than one (1) TOW TRUCK in areas where rapid response forcongestion relief is required.

5. To properly and safely tow and service the wide variety of vehicles being operated on the highway, a towing procedure may require the use of auxiliary equipment specifically designed for the purpose. This auxiliary equipment should be used when appropriate. A listing of service and auxiliary equipmentfor each classification can be found in Attachment B of this Agreement.

D. The OPERATOR shall only use those TOW TRUCKS approved by the CITY to be part of the PROGRAM.

Section 6. Tow Drivers.

A. The OPERATOR shall ensure that TOW TRUCK drivers responding to calls initiated by the YUCAIPA POLICE DEPARTMENT OR CITY'S Code Enforcement Division are qualified and competent employees of the OPERATOR. The OPERATOR shall ensure that the TOW TRUCK drivers are trained and proficient in the use of the TOW TRUCK and related equipment, including, but not limited to, the procedures necessary for the safe towing and recovery of the various types of vehicles serviced through the PROGRAM. TOW TRUCK drivers shall be at least 18 years old and possess the following minimum Class Driver's License:

1. Class A TOW TRUCK - A valid Class C License, or a valid Class A License with valid Medical Certificate.

2. Class B TOW TRUCK- A valid Class C License for non -regulated vehicles, or a valid Class A License with valid Medical Certificate for regulated vehicles pu rsu ant to CVC Section 34500.

3. Class C TOW TRUCK - A valid Class A License with valid Medical Certificate.

4. Class D TOW TRUCK - A valid Class A License with valid Medical Certificate.

B. The Class A Licenses must be endorsed to allow operation of special vehicle configurations and/orspecial cargoes (Referto Attachment A).

C. The OPERATOR shall maintain a current listof drivers.

1. The OPERATOR shall provide a current list of his/herdrivers to the CITY.

The OPERATOR shall notify the CITY upon any change in driver status, including the addition of any new driver(s), or the deletion of any driver(s).

An updated list shall be provided to the CITY within seven (7) calendar days of any change in driver status.

2. OPERATORS, shall at a minimum, maintain the following information for each employee (Form CHP 234F may be used to provide the information):
a. Full Name.
b. Date of Birth.

C. California Driver License Number.
d. Copy of valid Medical Certificate, if applicable.
e. Job Title / Description.
f. Current Home Address.
g. Current Home Telephone Number.
h. Type(s) of truck(s) driver has been trained and instructed to operate.

D. All TOW TRUCK drivers and the OPERATOR shall be enrolled in the California Department of Motor Vehicles Employer Pull Notice Program ("Pull Notice Program").

1. Upon the addition of new drivers, an OPERATOR will be granted a maximum of 30 days to enroll in the Pull Notice Program.

2. Pull Notices shall be kept on file, signed, and dated by the OPERATOR.

3. The CITY may require an OPERATOR to provide copies of Pull Notice Reports to the CITY from time -to -time.

Section 7. Rates.

A. Fees charged for response calls originating from the CITY's Code Enforcement Division or YUCAIPA POLICE DEPARTMENT, shall notexceed the rates setforth in Attachment B.

B. The rate for towing shall be from PORTAL to PORTAL and may be at a one hour minimum. Charges in excess of one hour may be charged in up to fifteen (15) minute increments. There shall be no additional charges for mileage, labor, etc. and/orforan OPERATOR'S time to release a vehiclewhen thestorage facility is notat the same location and the request forthe vehicle's release is made within typical business hours and days. In addition, if the YUCAIPA POLICE DEPARTMENT requests a tow from a storage facilityto the Special Investigation Division (SID) of the San Bernardino County Sheriff's Department, there shall be no additional charges to the CITY or owner of the vehicle. Secondary towing requested by the vehicle owner or his/her agent may be negotiated by the OPERATOR in accordance with the OPERATOR'S private business practices.

1. The OPERATOR may charge up to a one -hour minimum per call on PUBLIC SAFETY RESPONSE calls.

2. The OPERATOR shall base towing charges upon the class of vehicle being towed regardless of the class of truck used, except when vehicle recovery operations require a larger class truck.

C. Rates for service calls (out of gas, lockouts, etc.) shall be from PORTAL TO PORTAL, and may be at the hourlyrate with a thirty (30) minute minimum.Charges in excess of thirty (30) minutes may be charged in up to fifteen (15) minute increments.

D. Fees for Special Operations.

1. For special operations involving Class B, C, and D TOW TRUCKS such as vehicle recovery operations and LOAD SALVAGE OPERATIONS, the fees shall not exceed the rates set forth in Attachment B. Charges in excess of thirty -minutes may be charged in up to fifteen (15) minute increments.

2. OPERATOR shall submit a mark-up rate (percentage of the cost to the OPERATOR) for retail equipment and specialized labor not otherwise listed on Attachment B.

3. If OPERATOR performs a service for which a required rate was not submitted to, and approved by, the CITY, the OPERATOR shall only be entitled to charge for the actual cost of that service. Example: contract labor rate not submitted, the OPERATOR may only charge for the actual rate paid for the labor.

E. The total fees charged for after-hours release shall be no more than one-half (1 /2) the hourly rate, and shall only be allowed if there is no person on duty at the storage facility for release and a call back is required outside normal business hours.

F. Storage Fees.

1. Storage fees, for insideand outside storage, shall notexceed the rates set forth in Attachment B.

2. The OPERATOR shall display in plain view at all cashier's stations, a sign as described in Section 3070 of the Civil Code, disclosing all storage fees and charges in force, including the maximum storage rate.

3. Vehicles stored 24 hours or less shall be charged no more than one day storage. Each day thereafter shall be calculated by calendar day.

G. This Section of the Agreement shall not apply if the OPERATOR responds to a CITY/YUCAIPA POLICE DEPARTMENT call in a location where towing rates for all tow companies are established by a City or County Ordinance.

H. The schedule of rates charged by the OPERATOR shall be made available upon demand to person(s) for whom the tow services were provided or his/her agent, or any CITY representative.

I. The Rate Schedule included in Attachment B represents the maximums an OPERATOR may charge on a CITY/YUCAIPA POLICE DEPARTMENT call. An OPERATOR is not precluded from charging less when deemed appropriate by the OPERATOR. These requirements shall not be construed as requiring a charge when an OPERATOR would not normally charge for such service.

1. No OPERATOR or employee shall refer to any rate as the minimum required or set by the CITY.

Section 8. Response to Calls.

A. The OPERATOR shall respond to CITY/YUCAIPA POLICE DEPARTMENT calls 24 hours a day, seven days a week, within the MAXIMUM RESPONSE

TIME. The OPERATOR shall advise CITY/YUCAIPA POLICE DEPARTMENT, at the time of the notification, if they are either unable to respond or unable to meet the MAXIMUM RESPONSE TIME. If, after accepting the call, the OPERATOR is unable to respond or will be delayed in responding, the OPERATOR shall immediately notify the CITY/YUCAIPA POLICE DEPARTMENT. The OPERATOR shall not assign initial calls to other OPERATORS.

1. Failure(s)to respond and/orfailure(s) to meet the MAXIMUM RESPONSE TIME requirements shall constitute failure to comply with the terms and conditions of this Agreement.
a. The CITY may take immediate disciplinary action for any violation of the requirement to respond within the MAXIMUM RESPONSE TIME.
b. When an OPERATOR will be temporarily unavailable to provide services due to a preplanned / scheduled activity, e.g. vacation, maintenance, medical leave, etc., the OPERATOR shall notifythe CITY at least 24 hours prior to the date that services will be unavailable, noting the times and dates of the unavailability.

B. The OPERATOR, or his/heremployee(s) responding to a CITY/YUCAIPA POLICE DEPARTMENT call, shall perform the towing or service required for which he/she was called. This requirement may be waived by the CITY/YUCAIPA POLICE DEPARTMENT, if the requested equipment is inadequate forthe service to be performed.

1. Any refusal to respond or to perform the required towing or service will subject the OPERATOR to SUSPENSION, if deemed appropriate by the CITY.

C. An OPERATOR shall not respond to a CITY/YUCAIPA POLICE DEPARTMENT call assigned to another OPERATOR, unless requested to do so by the CITY/YUCAIPA POLICE DEPARTMENT.

1. There may be times when the OPERATOR assigned the initial CITY/YUCAIPA POLICE DEPARTMENT call may require the
assistance of an additional OPERATOR at the scene. The OPERATOR assigned the initial call may, subject to prior agreement with the CITYIYUCAIPA POLICE DEPARTMENT, and with the concurrence of the CITY/YUCAIPA POLICE DEPARTMENT, request a specific OPERATOR to assist him/her. The request shall be routed to the additional OPERATOR through the CITY/YUCAIPA POLICE DEPARTMENT.

2. There may be times when an OPERATOR, who was not called to a

scene, comes upon a collision scene where a vehicle or vehicles are blocking a roadway and a YUCAIPA POLICE DEPARTMENT officer requests his/her assistance in clearing the roadway. In such a case, the OPERATOR may be requested to move the vehicle to a safe location, as directed by the YUCAIPA POLICE DEPARTMENT officer and leave it.

There shall be no charge forthis assistance, and the assistance provided shall not change the OPERATOR'S place in the rotation on the LIST.

D. Only the TOW TRUCK personnel and equipment requested shall respond to a CITY/ YUCAIPA POLICE DEPARTMENT call. Additional TOW TRUCK personnel and equipment shall be at the approval of the CITY/ YUCAIPA POLICE DEPARTMENT. This shall not preclude the OPERATOR from responding to an incidentto ascertain if additional assistance or equipment is required. There shall be no additional charge for any personnel or equipment that is not necessaryto perform the required service.

Section 9. Storage Facility.

A. The OPERATOR shall provide adequate security of vehicles and property at the place of storage. At a minimum, a fenced or enclosed area shall be provided. The OPERATOR is responsiblefor the reasonable care, custody, and control of any property contained in towed or stored vehicles.

B. The storage facility shall be in compliance with all Zoning and Development Regulations in effect during the term of this Agreement. In addition to Zoning and Development Regulations forsuch a use, OPERATOR shall complywith the following:

Vehicle storage area shall be improved with an impervious material such as Portland Concrete Cement (PCC) or Asphaltic Concrete (AC) or other surface as approved by the CITY'S Planning Division. Bare soil is not permitted.

2. All non -conforming signs shall be removed.

3. The storage lot shall be fenced and screened from view. The screening material can be eitherlandscaping (i.e.vines, bushes)orfencing material (i.e. slats), or combination thereof.

4. Security lighting shall be provided in the storage lot area.

C. If the Community Development Director determines that the Storage Facility does not comply with the CITY'S Zoning and Development Regulations and the conditionssetforth in this Section 9, the CITY's Commu n ity Development Director, at his or her discretion, can seek to TERMINATE or SUSPEND the Agreement.

D. The OPERATOR shall notify the CITY/ YUCAIPA POLICE DEPARTMENT in writing, prior to the removal of property from a stored vehicle and will provide a receipt to the registered owneror his or her representative with a copy placed in the stored vehicle. The requirement to notify the CITY/YUCAIPA POLICE DEPARTMENT prior to the removal of property may be waived by the CITY/YUCAIPA POLICE DEPARTMENT in writing if determined that proper safeguards and procedures are utilized by the OPERATOR.

1. This requirement may not be waived in cases where a vehicle has been impounded for evidence or investigation.

2. The OPERATOR shall release personal property from the vehicle at the request of the vehicle owner or his/her agent. If such a release is made, the OPERATOR shall notifythe CITY/ YUCAIPA POLICE DEPARTMENT in writing prior to releasing the personal property.
a. Personal property is considered to be items which are not affixed to the vehicle.
1) Personal property includes: papers, transportable cellular telephones, pull-out radios, portable radios and/or portable stereo equipment, clothes, luggage, tools, etc.
2) Personal property from a stored vehicle shall be released upon request of the vehicle owneroragent, unless
prohibited by CITY/YUCAIPA POLICE DEPARTMENT.

3. Cargo shall be released upon demand of the carrier, unless prohibited by CITY/ YUCAIPA POLICE DEPARTMENT, or pursuant to a court order.

E. The primary storage facility shall normally be at the same location as the business address. The primary storage and businessfacilitiesforClassA shallbe within the CITY limits. If the OPERATOR utilizes a second storage facility, there shall be no charge for any additional distance traveled to and from a secondary location. The vehicle and personal property shall be released at the primary storage facility upon request of the owner or a person having a legal entitlement to the vehicle, except as set forth above. There shall be no additional charge for transporting an impounded and/or stored vehicle from the OPERATOR'S secondary storage facility to the primary storage facility if requested to do so by the CITY/YUCAIPA POLICE DEPARTMENT or the ownerof the vehicle or his/her authorized representative. Prior to the utilization ofnewstorage facilities notlisted on the Application for Rotation Tow Listing, the OPERATOR shall obtain the CITY'S approval and furnish the address.

1. Secondary storage facilities shall be located reasonably close (as

determined by the CITY'S Community Development Director and the YUCAIPA POLICE DEPARTMENT) to the main business office and approved by the CITY. Any changes to the location of the secondary storage facilitywithoutwritten approval by the CITY shall be prohibited and subjectto Disciplinary Action assetforth in Section 18.

F. OPERATOR shall maintain sufficient storage spaces.

G. An OPERATOR'S place of business and storage facility, if separate from the place of business, shall have a sign that clearly identifies it to the public as a towing service. The sign shall also identifywhere a customer can file a complaint with the CITY regarding the PROGRAM. The sign shall have letters that are clearly visible to the public from the street. The sign shall be visible at night.

H. For the purpose of this Agreement, "normal business hours" shall not be less than 8 a.m. to 5 p.m., Monday through Friday, and shall be manned during said business hours, except for the following holidays:

1. New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, day after Thanksgiving Day, and Christmas Day.

2. Businesshoursshall beposted in plain view to the publicat both the place of business and/or storage facility.

I. Employees shall be properly trained to conduct business transactions related to towing, storage and release of vehicles / property.

J. The release of vehicles shall be conducted in accordance with local YUCAIPA POLICE DEPARTMENT procedures.

Section 10. Insurance.

The OPERATOR shall maintain the following minimum levels of insurance from an insurance carrier admitted in California:

A. Minimum Scope of Insurance:

1. Insurance Services Office Commercial General Liability coverage (Occu rren ce for CG 0001).

2. Insurance Services Office Form Number CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1 (any auto).

3. Workers' Compensation Insurance as required by the State of California and Employers' Liability Insurance.

B. Minimum Limits of Insurance:

1. Commercial Business Automobile Liability: $1,000,000 per accident for bodily injury and property damage with a combined single limit for Class A TOW TRUCKS. The combined single limits for Class B, C, and D TOW TRUCKS shall be not less than $1,000,000. These minimum standards are to include non -owned and hired auto coverage.

2. Employers Liability: $1,000,000 per accident for bodily injury or disease.

3. On -Hook Coverage: Insuring the vehicle in tow with limits based on the size of the TOW TRUCK.
a. Class A TOW TRUCK $ 75,000
b. Class B TOW TRUCK $100,000
C. Class C TOW TRUCK $200,000
d. Class D TOW TRUCK $250,000

4. Garage Liability: Includes premises and operations. Coverage for bodily injury and property damage with a combined single limit of not less than $500,000.

5. Garage Keepers Liability: Shall be the same minimum as on -hook coverage for vehicles in the care, custody, and control of the OPERATOR in the storage yard.

6. Uninsured Motorist: Legal minimum, combined single limit.

7. In no case shall the required insurance coverage have a deductible greaterthan $1,000.

C. Deductibles and Self -Insured Retention:

Any deductible or self -insured retention must be declared to and approved by the CITY. At the option of the CITY, either: the insurershall reduce or eliminate such deductibles or self -insured retention as respects to the CITY and the YUCAIPA POLICE DEPARTMENT, and theirofficers, officials, employees and volunteers: or the OPERATOR shall provide a financial guarantee satisfactory to the CITY guaranteeing payment of losses and related investigations, claim administration and defense expenses.

D. Other Insurance Provisions:

The general liability and automobile policies are to contain, or be endorsed to contain, the following provisions:

The CITY and the YUCAIPA POLICE DEPARTMENT, and their officers, officials, agents, employees, and volunteers are to be covered as insured with respect to liability arising out of automobile owned, leased, hired or borrowed by or on behalf of the OPERATOR; and with respect to liability arising out of work or operations performed by or on behalf of the OPERATOR undertheAgreement including materials, parts or equipment furnished in connection with such work or operation. General liability coverage can be provided in the form of an endorsement the OPERATOR'S insurance, or as a separated owner's policy.

2. For anyclaims related to this AGREEMENT, the OPERATOR'S insurance coverage shall be primary insurance as respects the CITY and the YUCAIPA POLICE DEPARTMENT, and their officers, officials, agents, employees, and volunteers. Any insurance or self-insurance maintained by the CITY or the YUCAIPA POLICE DEPARTMENT, and their officers, officials, agents, employees, and volunteers shall be excess of the OPERATOR'S insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by the OPERATOR, except after th irty (30) days' priorwritten notice by certified mail, returned receipt requested, has been given to the CITY.

4. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY and the YUCAIPA POLICE DEPARTMENT, and their officers, official, agents, employees or volunteers.

E. Acceptability of Insurers:

Insurance is to be placed with insurerswith a current A.M. Best's rating of no less than A:VII.

F. Verification of Coverage:

OPERATOR shall furnish the CITY with original certificates and amendatory endorsements effecting coverage required by this Section. The endorsements should be on forms provided by the CITY or on other forms or policies that are approved by the CITY and amended to conform to the CITY'S requirements. All certificates and endorsements are to be received and approved by the CITY before service commences. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

Section 11. Inspections.

A. The YUCAIPA POLICE DEPARTMENT may conduct annual inspections of all TOW TRUCKS, at no charge to the OPERATOR and without noticed uringnomnal business hours.

The OPERATOR shall not dispatch a TOW TRUCK in response to a YUCAIPA POLICE DEPARTMENT or CITY Code Enforcement Division call that has been found in violation of the terms and conditions of th is Agreement. The YUCAIPA POLICE DEPARTMENT shall inspecta TOW TRUCK within thirty(30) calendar days of a request from an OPERATOR.

1. Any OPERATOR who fails an inspection is entitled to only one re - inspection. Failure to pass the re -inspection shall be cause for the disqualification of the TOW TRUCK from use on the LIST. The TOW TRUCK shall be disqualified until the next enrollment period.

Section 12. Business Records.

A. The OPERATOR shall maintain records, at his/her place of business, of tow services furnished.

1. Invoices shall at a minimum include a description of vehicle(s), nature of service, start time, end time, location of call, and itemized costs of towing and storage.

2. Records for each call shall indicate the TOW TRUCK driver's name and truck used.

B. The OPERATOR shall also maintain business records relating to personnel, insurance, personnel taxes, payroll, applicable operating authorities, local operating authorities, lien sale actions, FCC licensing, and non -CITY/ YUCAIPA POLICE DEPARTMENT tows.

C. The CITY/ YUCAIPA POLICE DEPARTMENT may inspect all OPERATOR's records without notice during normal business hours.

D. OPERATOR shall permit the CITY/ YUCAIPA POLICE DEPARTMENT to make copies of business records at their place of business, or to remove business records for th e purpose of reproduction.

1. The CITY/ YUCAIPA POLICE DEPARTMENT shall provide a receipt for any original records removed from the place of business.

E. Records shall be maintained and avaiIable for inspection fora period of two years plus the current term of this Agreement.

F. Failure of the OPERATOR to comply with the inspection requirements shall be cause for SUSPENSION, if deemed appropriate by the CITY/YUCAIPA POLICE DEPARTMENT.

Section 13. Financial Interest.

A. No OPERATOR shall be directly involved in the towing related business of any other OPERATOR. "Directly involved" shall mean anything in common between OPERATORS with regards to any of the following:

1. Business Licenses;

2. Being listed on the same insurance policy;

3. TOW TRUCK or Equipment Ownership, and;

4. Employees and independent contractors.

B. Storage facilities owned by an OPERATOR, and shared with another OPERATOR, shall only be approved if the OPERATOR charges for the space exclusively on a flat monthly rate rather than a vehicle -by -vehicle basis, or combination thereof.

1. Storage facilities shared by OPERATORS shall be physically separated and secured from each other. The CITY may waive this requirement in writing if deemed appropriate.

C. The sale or transfer of the controlling interest (50% or more) in an OPERATOR shall immediately terminate the Agreement. The new owner(s) may applyto be a part of the LIST at anytime during the remainderof the current Agreement term, regardless of the ENROLLMENT PERIOD.

D. A terminated or suspended OPERATOR and the tow business he/she owned at thetime of his/her SUSPENSION or TERMINATION shall notbe eligibleto be on the LIST for the duration of the SUSPENSION or TERMINATION.

1. This provision applies to the OPERATOR working in any capacity within any tow business, or operating any tow business, and to the tow business, even if operated under new ownership.

E. Any violation of this Section is cause for SUSPENSION, if deemed appropriate by the CITYIYUCAIPA POLICE DEPARTMENT.

Section 14. Annual Meetin
A. The CITY/ YUCAIPA POLICE DEPARTMENT may conduct an annual meeting to discuss issues concerning the tow rotation if it is determined that problems have surfaced and/or operational issues may necessitate a change in the administrative procedures. The meeting shall be mandatory for the OPERATOR or his/her designee wishing to remain on rotation. The CITY shall give the OPERATOR thirty days written NOTICE of such a meeting.

Section 15. Demeanor and Conduct.

A. While involved in the PROGRAM, the OPERATOR and/or his/her employee(s) shall conduct themselves in a manner which places the highest priority on providing exceptional customer service for the CITY and shall refrain from any act(s) of misconduct, to include, but not be limited to, any of the following:

Rude or discourteous behavior.

2. Lack of service, selective service, or refusal to provide service which the OPERATOR is/should be capable of performing.

3. Any act of sexual harassment or sexual impropriety.

4. Unsafe driving practices.

5. Exhibiting any objective symptoms of alcohol and/or drug use.

6. Appearing at the scene of a CITY rotation tow call with the odor of an alcoholic beverage emitting from his/her breath.
a. The OPERATOR / TOW TRUCK driver shall submit to a
preliminary alcohol screening test upon demand of the YUCAIPA POLICE DEPARTMENT.

B. All CITY -related tow service complaints received by the CITY againstthe OPERATOR or his/heremployee(s) will be accepted and investigated in a fair and impartial manner. As a result of the investigation, the CITY may initiate disciplinary action as deemed appropriate. In any event, the OPERATOR will be notified of the results of any investigation.

C. Should the filing of criminal charges be a possibility, the CITY/YUCAIPA POLICE DEPARTMENT will conduct the investigation to conclusion or assist the lead investigating agency, and, if warranted, request prosecution.

D. Any violation of Subsection A above is cause for SUSPENSION or TERMINATION, if deemed appropriate by the CITY/ YUCAIPA POLICE DEPARTMENT.

Section 16. Compliance with Law.

A. The OPERATOR and his/her employee(s), shall at all times, comply, and perform all services in accordance with, the rules and regulations contained herein and all Federal, State, and Local laws and ordinances applicable to the OPERATOR (Referto AttachmentA) as well as with generally accepted standards for performing similar services. CITY has relied upon OPERATOR'S representation of skill and expertise as an inducement for entering into this Agreement. The OPERATOR shall keep itself apprised of all laws pertaining to the tow industry including, but not limited to, the requirements set forth in the California Vehicle Code and California Civil Code.

In the event of a minor traffic violation(s) by the TOW TRUCK driver(s) which is/are known by the CITY, the OPERATOR shall be advised of the violation(s) by the CITY. The OPERATOR will be granted the opportunity to take necessary steps to ensure that his/her driver(s) drive(s) in compliance with law. Any su bsequ ent traffic violation(s) may be cause for disciplinary action against the OPERATOR and/or the involved employee(s).

2. Any traffic violation(s) may, at the discretion of the CITY, be cause for immediate disciplinary action against the OPERATOR and/or the involved employee(s).

B. The provisions contained in this Section, Compliance with Law, do not preclude the CITY from taking appropriate enforcement or administrative action for any violations of law.

C. Any conviction of the OPERATOR involving a stolen orembezzled vehicle, fraud related to the towing business,stolen or embezzled property, a crime of violence, a drug related offense, felony driving while underthe influence of alcohol and/or a drug, misdemeanor driving while underthe influence of alcohol and/ora drug while involved in a CITY/ YUCAIPA POLICE DEPARTMENT rotation tow call, or moral turpitude shall be cause for TERMINATION of the Agreement.

D. Any conviction of an employee involving a stolen or embezzled vehicle, fraud related to the towing business, stolen orembezzled property, a crime of violence, a drug related offense, felony driving while underthe influence of alcohol and/or a drug, misdemeanor driving while underthe influenceof alcohol and/ora drug

while involved in a CITY / YUCAIPA POLICE DEPARTMENT rotation tow call, or moral turpitude maybe cause for termination.

E. If an OPERATOR, or employee, is arrested/charged for a violation involving any of the above crimes, the OPERATOR may be SUSPENDED until the case is adjudicated.

F. The OPERATOR shall strictly comply with all Federal, State and Local laws and Regulations, including, but not limited to the Immigration Reform and Control Act of 1986, codified at 8 U.S.C. §§ 1324a and 1324b (the "IRCA"), which require and ensure the hiring and retention of employees who are United States citizens, permanent residents and/or who are otherwise authorized by law to work in the United States of America, and, as required by the IRCA, shall affirmatively verify the identity and employment authorization of every employee as a condition of employment or continued employment.The OPERATOR shall furtherinclude this requirement in any subcontract made pursuant to this Agreement.

Section 17. Compliance with Agreement.

A. The OPERATOR agrees, as a condition of inclusion on the LIST, to comply with the terms and conditions of this Agreement. Furthermore, the OPERATOR agrees that failure by the OPERATOR or the OPERATOR's agents, employees, or independent contractors, to comply with these terms and conditions shall be cause for WRITTEN REPRIMAND, SUSPENSION or TERMINATION by the CITY. Alleged violations of the Agreement will be investigated by the CITY/ YUCAIPA POLICE DEPARTMENT. The OPERATOR will be notifiedof the CITY/ YUCAIPA POLICE DEPARTMENT'S findings within thirty (30) days of the initiation of the investigation.

Section 18. Suspension.

A. The CITY may take disciplinary action against OPERATOR for violations investigated and confirmed or sustained.

1. The CITY shall retain discretion regarding the length of any suspension imposed pursuant to the terms and conditions of this Agreement.

2. Aviolation ofthe equ ipmentrequirements related to safety shallbecause for immediate SUSPENSION. The period of the SUSPENSION shall be determined by the CITY/ YUCAIPA POLICE DEPARTMENT. The SUSPENSION will remain in effect until the period of SUSPENSION is completed and the YUCAIPA POLICE DEPARTMENT has conducted an inspection and found that the OPERATOR is in compliance.

3. A violation of the GVWR and safe loading requirements of a TOW TRUCK shall be cause for immediate SUSPENSION. This includes exceeding the TOW TRUCK's GVWR, front axle weightrating, rear axle weightrating, maximum tire weight ratings, or not maintaining fifty percent (50%) of the TOW TRUCK'S unladen weight on the front axle when lifting/carrying a load.

4. A violation of overcharging shall be cause for SUSPENSION. The period of the SUSPENSION shall be determined by the CITY. The SUSPENSION will remain in effect until the period of SUSPENSION is completed and the OPERATOR haspresented proof to theCITY that reimbursementhas been made to the aggrieved customer(s).

5. A violation of the Biennial Inspection of Terminals (BIT) Program requirements shall be cause for SUSPENSION. The period of the SUSPENSION shall be determined by the CITY/YUCAIPA POLICE DEPARTMENT. The SUSPENSION will remain in effectuntil the period of SUSPENSION is completed and the OPERATOR has presented proof of compliance with the BIT requirements. Any unsatisfactory rating shall be cause for SUSPENSION.

6. Failure of the OPERATOR to satisfy a court mandated reimbursement to the vehicle or property owner for the damage or loss which occurred while the vehicle was in his/her custody will result in a SUSPENSION. The period of the SUSPENSION shall be determined by the CITY. The SUSPENSION will remain in effect until the period of suspension is completed and the OPERATOR has presented proof of the reimbursement.

7. Failure of the OPERATOR to comply with the inspection requirements of this Agreement will result in a SUSPENSION.The period of the SUSPENSION shall be determined by the CITY. The SUSPENSION will remain in effect until the period of SUSPENSION is completed and the OPERATOR has compliedwith the inspection requirement.

8. Failureof the OPERATOR to maintain the minimum insurance requirements set forth in the Agreement is a major violation of the Agreement and will result in TERMINATION of the Agreement.

9. Failure of the OPERATOR or employee to comply with Section 15, Demeanor and Conduct, and/or Section 16, Compliance with Law, of this Agreement, may be cause for SUSPENSION if deemed appropriate by the CITY. a. Minor traffic violations may be considered as minor violations of the Agreement.
b. A TOW TRUCK driver, not under the immediate observation of the

OPERATOR, whileon -duty and driving a TOW TRUCK, who is arrested and subsequently convicted for misdemeanordriving underthe influence of alcohol and/or drugs, will be subject to SUSPENSION from participating as a TOW TRUCK driver under the provisions of this Agreement. The length of SUSPENSION will beat the CITY'S discretion.

B. If the OPERATOR is serving a SUSPENSION for one year or more, he/she shall be required to comply with all terms and conditionsof the current Agreement at the time of the reinstatement. There will be no approval of equipmentthat is not in compliance with the equipment specifications contained in the Agreement at the time of the reinstatement.

Section 19. Termination.

A. Notwithstanding any other provision in this Agreement, the CITY may terminate t his Agreement in its sole and absolute discretion, with or without cause, at any time by giving at least 24 hou rs' written notice of termination to OPERATOR. In the event such notice is given, OPERATOR shall cease immediately all work in progress.

B. OPERATOR may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.

C. If either OPERATOR OR CITY fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either OPERATOR, or CITY may terminate this Agreement immediately upon written notice.

Section 20. Midterm Review of the Terms and Conditions of the Agreement.

A. The purpose of this Section is to provide a process for a midterm review of the terms and conditions of the Agreement in the eventthat there is a legitimate and substantial change in conditions orlaw affecting the OPERATORS. OPERATOR shall meetwith CITY within 30 days of receipt of notice from CITY that a midterm review is required. Examples of conditions may include, but not be limited to:

1. Substantial increase or decrease in business expenses.

2. Advances in technology in the industry related to safety issues.

3. Changesin law requiring the CITY orthe OPERATORS to perform specific functions or operations in order to comply.

4. Proposed changes to the terms and conditionsag reed upon by the CITY and the OPERATORS at the time that the Agreement was signed (e.g. response times).

Section 21. Advertising.

A. The OPERATOR shall not display any sign or engage in any advertisement indicating an official or unofficial connection with the CITY or the Department of Motor Vehicles.

Examples of prohibited displays include "Official CITY Tow", "Approved by the CITY", "CITY Rotation Tow", etc.

2. This will not preclude the CITY from implementing a system to mark and identify particularTOW TRUCKS as having passed the CITY'S inspection oras being assigned to specific TOW DISTRICTS within the CITY.

B. Any violation of this Section is cause for SUSPENSION. At a minimum, the SUSPENSION should beforthe duration of the advertisement.

Section 22. Reserved.

Section 23. Term.

This Agreement shall begin on the date first written above and terminate on December 31, 2025.

Section 24. Indemnification, Defense and Hold Harmless.

A. In connection with any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys' fees and costs of defense (collectively, "Claims" hereinafter) OPERATOR shall defend, hold harmless and indemnify the CITY, the YUCAIPA POLICE DEPARTMENT, and their respective elected officials, officials, employees, contractors acting as public officials, subcontractors, agents, and volunteers ("Indemnitees")with respect to any and all Claims, including but not limited to, Claims relating to death or injuryto any person and injuryto any property, which ariseoutof, pertainto, or relate to acts oromissions of OPERATOR or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final court decision or by th e agreement of the Parties. Operator shall defend Indemnitees in any action or actions filed in connection with anysuch Claims with counsel of CITY'S choice, and

shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. This Section shall survive the expiration ortermination of this Agreement.

Section 25. Independent Contractor.

A. The OPERATOR is, and shall be, acting at all times in the performance of this Agreement an independent contractor, and notan officeror employee or agentof the CITY/ YUCAIPA POLICE DEPARTMENT. OPERATOR shall have no authorityto bind CITY in anymanner, norto incur any obligation, debt, or liability of any kind on behalf of oragainstCITY, whetherby contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by CITY. OPERATOR shall secure at its own expense, and be responsible for any and all payments of all taxes, social security, State disability insurance compensation, unemploymentcompensation and other payroll deductions for OPERATOR and its officers, agents and employees and all business licenses in connection with services to be performed hereunder.

B. The personnel performing the Services under this Agreement on behalf of OPERATOR shall at all times be under OPERATOR's exclusive direction and control. Neither CITY, nor any elected or appointed boards, officers, officials, employees or agents of CITY, shall have control over the conductof OPERATOR or any of OPERATOR's officers, employees, subcontractors, or agents except as set forth in this Agreement. OPERATOR shall not at any time or in any manner represent that OPERATOR oranyofOPERATOR's officers, employees, oragents are in any manner officials, officers, employees or agents of CITY.

C. Neither OPERATOR , nor any of OPERATOR's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefitswhich may otherwise accrue to CITY's employees. OPERATOR expressly waives anyclaim OPERATOR may have to any such rights.

Section 26. Reserved.

Section 27. Assignment of Agreement.

This Agreement shall notbe delegated or assigned by OPERATOR to any other person or entity without the priorwritten consent of CITY.

Section 28. Notices.

All notices, requests, demands or other communications required to be given in writing underthis Agreement shall be deemed to have been given, if delivered in person, or

when received id mailed by Certified Mail with Return to Receipt Requested, or otherwise actually delivered.

Notice to CITY shall be sentto both:

City of Yucaipa City of Yucaipa Police Department
34272 Yucaipa Boulevard AND 34144 Yucaipa Boulevard
Yucaipa, CA 92399 Yucaipa, CA 92399
Attention: City Manager Attention: Police Captain
(909)797-2489 (909) 918-2305
Notice to OPERATOR shall be sent to:

Attention: Owner
Section 29. Amendment.

No amendmentto or modification of this Agreement shall be valid unless made in writing and approved by OPERATOR and by CITY. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.

Section 30. Enti
The foregoing Agreement, including Attachments A and B hereto, constitute the entire Agreement of the Parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements between the Parties. This Agreement may be amended only by an instrument in writing which expressly refers to this Agreement and specifically states that it is intended to amend it.

Section 31. Severabil
The City Council hereby declares it would have approved this Agreement, and each Section, subsection, sentence, clause, phrase, or portions thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions thereof be declared invalid or unconstitutional. If for any reason any portion of this Agreement shall be declared invalid or unconstitutional, then all other provisions hereof shall remain valid and enforceable.

Section 32. Execution.

This Agreement may be executed in several counterparts each of which shall constitute but one and the same Agreement. The person or persons executing this Agreement on beh alf of OPERATOR represe n is a n d warran is th at h e/she/th ey h as/h ave th e au th ority to so execute this Agreement and to bind OPERATOR to the performance of its obligations hereunder.

Section 33. Governing LawNen u e.

The CITY and OPERATOR understand and agreethat the laws of the State of California shall govern the rights, obligations, duties and liabilities of the Parties to this Agreement and also govern the interpretation of this Agreement. In the event of litigation between the Parties, venuein state trial courts shall lie exclusively in theCountyof San Bernardino, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

Section 34. Attorney's Fees.

In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney'sfees, costs and expenses, in addition to any other relief to which it may be entitled. In such litigation or proceeding shall the award of attorney's fees, costs and expenses or other relief exceed the actual attorney's fees, costs and expenses incurred by the CITY in such litigation or proceeding.

Section 35. Time of the Essence.

Time is of the essence foreach and every provision of this Agreement.

Section 36. Waiver.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall notconstitute a waiverof any other term, condition, or covenant. Waiver by any Party of any breach of the provisionsofthis Agreement shall notconstitute awaiver of anyother provision nora waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by CITY of any work or services by OPERATOR shall not constitute a waiver of any of the provisions of this Agreement.

IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year firstwritten above.

CITY OF YUCAIPA
Jon Thorp, Mayor
ATTEST
LIM
In

OPERATOR
Owner/ Representative Signature
Print Name:

APPROVED AS TO FORM:

By:

Ana Sauseda, City Clerk , City Attorney

ATTACHMENT A
I. GENERAL EQUIPMENT SPECIFICATIONS AND USE REQUIREMENTS A. TOW TRUCK and Car Carrier Classifications

1. TOW TRUCK and car carrier classifications are based on the tru ck
chassis manufacturer's Gross Vehicle Weight Rating
(GVWR), and the classification system used by the
American Trucking Association and truck manufacturers.
a. Class 3 - 10,000 — 14,000 pounds GVWR
b. Class 4 - 14,001 — 16,000 pounds GVWR
C. Class 5 - 16,001 — 19,500 pounds GVWR
d. Class 6 - 19,501 — 26,000 pounds GVWR
e. Class 7 - 26,001 — 33,000 pounds GVWR
f. Class 5 - 33,001 or more GVWR
B. Equipment Limitations

1. All towing equipment, recovery equipment, and carrier ratings are
based on structural factors only. Actual towing, carrying, and recovery capacity may be limited by the capacity of the chassis and the optional equipment selected.

C. Towing Limitations

1. The criteria to determine the safe towing limits for a truck are:
a. The total weightof the truck, including the lifted load, mustfall within the Manufacturer's Gross Vehicle Weight Rating
(GVWR) and notexceed eitherthe Frontor Rear Axle Weight Ratings (FAWR, RAWR).
b. The truck must meet all applicable State and/or Federal Standards.

C. For proper steering and braking, the front axle load must be at least 50% of its normal or unladen weightafter the load is lifted.

D. Identification Labels

1. Each piece of towing equipment shall have a label or identification tag permanently affixed to the equipment in a prominent location to identifythe manufacturer, serial number, model, and rated capacity.

E. Recovery Equipment Rating

1. The basic performance rating of the recovery equipment is the weightthe equipmentcan liftin a winching mode,when the boom is static at a 30 degree elevation with the load lines vertical and the lifting cables sharing the load equally, measured with a live load (weight or load cell).
a. The structural design of the recovery equipment must have a higher load capacity than the performance rating(s).
b. Winches shall conform to or exceed the specifications set forth by the Society of Automotive Engineers (SAE)
Handbook, SAE 1706.

C. All ratings for cable and chain assemblies are for the undamaged assembly condition. All cable and chain
assemblies should be the same type, construction, and rating as specified by the Original Equipment Manufacturer(OEM) forth equipment.

F. Safety Chains

1. Safety chains shall be rated at no less than the rating specified by the OEM

G. Control / Safety Labels

1. All controls shall be clearly marked to indicate proper operation, as well as any special warnings or cautions.

II. TOW TRUCK Classifications and Equipment Specifications A. Class A TOW TRUCK

1. Equipment Specifications
a. 10,000 — 19,500 pounds GVWR Chassis
b. 4-ton recovery equipment rating
C. Hydraulic or mechanical winch(es)
d. 100 feet 3/8" X 19 cable or Original Equipment
Manufacturer's (OEM) Specifications
e. Tow chains, 5/16" alloy or OEM Specifications, J/T Hook assembly
f. Safety chains, 5/16" alloy or OEM Specifications
g. Tow sling rating 3,000 pounds
h. Wheel lift safety straps
i. Tow dolly
j. One 3-ton snatch block
k. Wheel lift rating -retracted 3,000 pounds
-95" extension 3,000 pounds

2. Class A Car Carrier — One Car
a. Equipment Specifications
1) 10,000 — 19,500 pounds GVWR Chassis
2) Hydraulic or mechanical winch
3) 50 feet 3/8" 6 X 9 cable or OEM Specifications

4) J/T Hook loading bridle / chains
5) Safety chains, 5/16" alloy or OEM Specifications; two pairs of safety chains forth vehicle being transported

3. Class A Car Carrier— Two Cars
a. Equipment Specifications
1) 16,001 — 19,500 pounds GVWR Chassis
2) Hydraulic or mechanical winch
3) 50 feet 3/8" 6 X 19 cable or OEM Specifications
4) J/T Hook loading bridle / chains
5) Safety chains 5/16" alloy or OEM Specifications, two pairs of safety chains forthe vehicle being transported and two safety chains for the vehicle being towed
B. Class B TOW TRUCK

1. Equipment Specifications
a. 19,501 — 33,000 pounds GVWR Chassis
b. Air brakes or hydraulic w/air hookup package
C. 14 ton recovery equipment rating
d. Hydraulic or mechanical winch(es)
e. 150 feet 7/16" 6 X 19 cable or OEM Specifications
f. Tow chains, 1/2" alloy or OEM Specifications
g. Safety chains, 1/2" alloy or OEM Specifications
h. Tow sling rating 7,000 pounds
i. Two 8-ton snatch blocks
j. Wheel lift safety straps
k. Wheel lift or Under lift rating retracted 10,000 pounds

2. Class B Car Carrier
a. Equipment Specifications
1) 19,501 pounds or more GVWR Chassis
2) Hydraulic or mechanical winch
3) 50 feet 3/8" 6 X 19 cable or OEM Specifications
4) XT Hook loading bridle / chains
5) Safety chains 5/16" alloy or OEM Specifications, two pairs of safety chains forthe vehicle being transported and two safety chains for the vehicle being towed
C. Class C TOW TRUCK

1. Equipment Specifications
a. 33,000 — 50,000 pounds GVWR Chassis, 200" wheelbase
b. 200" wheelbase with truck hitch
C. 240" wheelbase with under -lift
d. Air brakes w/air hookup package
e. 25 ton recovery equipment rating
f. Hydraulic or mechanical winch(es)
g. 200 feet 5/8" 6 X 19 cable or OEM Specifications
h. Tow chains, 5/8" alloy or OEM Specifications
i. Safety chains, 5/8" alloy or OEM Specifications
j. Tow sling rating 12,000 pounds
k. Two 12-ton snatch blocks
I. Under lift rating -retracted 25,000 pounds
-100" extension** 12,000 pounds
D. Class D TOW TRUCK

1. Equipment Specifications

a. 50,000 pounds GVWR Chassis, 300" wheelbase
b. 240" wheelbase with truck hitch
C. A minimum of 270" wheelbase with under -lift
d. Air brakes w/air hookup package
e. 30 ton recovery equipment rating
f. Hydraulic or mechanical winch(es)
g. 250 feet 3/4" 6 X 19 cable or OEM Specifications
h. Tow chains, 5/8" alloy or OEM Specifications
i. Safety chains, 5/8" alloy or OEM Specifications
j. Tow sling rating 20,000 pounds
k. Two 12-ton snatch blocks

1. Under lift rating -retracted 32,000 pounds
-100" extension" 16,000 pounds
Measured from the center line of the rear axle of the
towing vehicle to 10 inches behind the back face of the lifting bar.
** Measured from the center line of the rear axle to the center of the lift forks.

III. Auxiliary Equipment
A. Class A

1. For each type or classification of towing equipment (sling, wheel lift, or carrier), certain types of equipment are required:
a. Required Equipment
1) Towing Sling — a J/T Hook tow chain assembly, a 4" X 4" X 48" and a 4" X 6" X 60" wooden crossbeam, a pair
of spacer blocks, a steering wheel clamp, a towing dolly, and safety chains

2) Wheel Lift —wheel safety straps, steering wheel
clamp, towing dolly, and safety chains
3)
Car Carrier — J/T Hook loading bridle, a 4" X 4" X 48"
and a 4" X 4" X 60" wooden crossbeam, a pair of
spacer blocks, and two pairs of safety chains
4)
Extension — Brake and tail lamps
5)
Fire Extinguisher
6)
Broom
7)
Shovel
8)
Reflective Triangles
9)
Flares
10)
Trash can with absorbent
11)
One 3-ton rated snatch block
12)
Shop to truck radio (C/B excluded)
b. Service and Other Equipment — For service calls, each TOW TRUCK shall be equipped with the following service
equipment:
1)
Adequate emergency supply of fuel in an approved
container
2) Booster battery or hot box starting system
3) Hydraulicjack capable of handling passenger cars
and lighttrucks
4) Metric and Standard lug wrenches
5) Rubber mallet/hub cap tool
6) Lockout tools
7) Motorcycle straps
8) First Aid Kit

A. Class B
9) Tool kit —should include:
a)
Assorted open end wrenches; Standard, 1/4"-
7/8" and Metric, 6 — 19 mm
b)
Assorted screwdrivers; Straight blade and
Phillips
c)
Crescent wrench
d)
Ball peen hammer
e)
Pliers
f)
Battery and terminal cleaning tools
g)
Pointfile
h)
Allen wrench for Deco distributors
i)
Mechanic's wire
j)
Plastic electrical tape / duct tape
k)
Tire valve core tool
1)
Miscellaneous fuses
m) Small pry bar
n) Shop rags
o) Flashlight
p) Socket Sets; 1/4" — 1 "and 6 — 19 mm
q) Ratchet and extensions
10) Sledge hammer
11) Bolt cutters
12) Crow bar

1. For each type or classification of towing equipment (sling, wheel lift or carrier), certain types of equipment are required:
a. Required Equipment
1) Towing Sling — a J/T Hook tow chain assembly, a 4" X 4" X 48" and a 4" X 4" X 60" wooden crossbeam, a pair of spacer blocks, a steering wheel clamp, a towing dolly, and safety chains
2) Wheel Lift— wheel safety straps, steering wheel clamp, towing dolly, and safety chains
3) Truck Hitch — tow chain assembly, 4" X 4" X 60" and 6" X 6" X 60" wooden crossbeams (as necessary), aluminum tow angle(s), and safety chains
4) Under Lift — an assortment of lift forks / adapters, safety tie down chains and safety chains
5) Extension —Brake and tail lamps
6) Fire Extinguisher(s)
7) Broom
8) Shovel
9) Reflective Triangles
10) Flares
11) Trash can with absorbent
12) Two 8-ton rated snatch blocks
13) Axle covers / caps
14) Air hoses and necessary fittings to provide air to the towed vehicle 15) Shop to truck radio (C/B excluded)
b. Service and Other Equipment — For service calls, each TOW TRUCK shall be equipped with the following service equipment:
1) Refer to Class A, Service and Other Equipment (III A,

1.b. above)
C. Classes C and D

1. For each type or classification of towing equipment, certain types of equipment are required:
a. Required Equipment
1) Towing Sling — a tow chain assembly, a 4" X 4" X 60" and a 6" X 6" X 60" wooden crossbeam, a pairof spacer
blocks, a steering wheel clamp, and safety chains
2) Truck Hitch —tow chain assembly, 4" X 4" X 60" and 6" X 6" X 60" wooden crossbeams (necessary), aluminum
tow angle(s), and safety chains
3) Under Reach — assortment of lift forks / adapters,
safety tie down chain(s) and safety chains
4) Extension Brake and tail lamps
5) Fire Extinguisher(s)
6) Broom
7) Shovel
8) Reflective Triangles
9) Flares
10) Trash can with absorbent
11) Steering wheel clamp
12) Two 12-ton rated snatch blocks
13) Axle covers / caps
14) Air hoses and necessary fitting to provide air to the towed vehicle
15) Shop to truck radio (C/B excluded)
b. Service and Other Equipment — For service calls, each TOW TRUCK shall be equipped with the following service
equipment:
1) Referto Class A, Service and Other Equipment(III A,

1.b. above) forgeneral service equipment requirements.

ATTACHMENT B
OPERATOR'S Submitted Proposal

ATTACHMENT 2

ORDINANCE NO. 456

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, ADDING CHAPTER 10.20 TO TITLE 10 OF THE

YUCAIPA MUNICIPAL CODE REGARDING VEHICLE TOWING
WHEREAS, the City of Yucaipa needs the services of one or more privately -owned towing companies to aid in the enforcement of parking and traffic laws, to tow damaged or inoperable vehicles, and to transport and store vehicles subject to police investigations; and WHEREAS, establishing a rotational program will contribute to an efficient implementation of the City's towing ordinance, encourage a fair and equitable selection of towing providers, and ensure a high level of service; and
WHEREAS, this Ordinance is intended to ensure minimum standards for selecting towing providers, for the safe operation of those towing providers, and to maintain consistent procedures for city -initiated towing; and
WHEREAS, the City Council of the City of Yucaipa desires to establish such procedures to promote public health, safety, and welfare.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Municipal Code Amendment.

Chapter 10.20, "Vehicle Towing," is hereby added to Title 10 of the Yucaipa Municipal Code to read as follows:

Chapter 10.20 Vehicle Towing

10.20.010 Purpose
The purpose of this chapter is to establish towing regulations regarding non-consensual towing services initiated by the Yucaipa Police Department, or other authorized agents. This chapter is also intended to create a rotational tow program to promote the public health and safety by ensuring equitable and consistent standards for tow services.

10.20.020 Requirements for Towing
No person shall provide towing services for the City or its Police Department without first obtaining approval from the City's Planning Division, complying with the provisions of this chapter, and entering into a towing services agreement with the City. 4854-2746-4561.2

10.20.030 Rotation Program
If the City selects more than one towing provider, the City Manager (CM) or his/her designee shall develop a rotation program to manage the towing services. The CM or his/her designee may promulgate additional rules and specifications for the rotation program.

10.24.040 Selection of Towing Providers
A. Request for Qualifications. In order to select a towing provider, the City shall distribute a notice requesting qualifications to provide towing services. The City shall follow the procedures set forth in Section 2.24.150 of this Code to select one or more qualified towing company. In addition, the content of the request for qualifications shall be determined by the CM or his/her designee, and shall include at a minimum:

1. Specifications, terms, conditions, and performance standards for towing services; and

2. Procedure for evaluating proposals and selecting a towing provider.

B. By resolution, the city council shall award an agreement to a towing provider to whom the city council determines is the most qualified to provide towing services.

10.24.050 Requirements for Towing Providers
A. Towing Services Agreement. Towing providers must enter into a towing services agreement with the City in a form approved by the City Attorney within 30 calendar days after being selected. The towing service agreement shall be consistent with the provisions of this chapter and shall include, without limitation, at least the following provisions:

1. Minimum requirements and performance standards for tow vehicles and other equipment, vehicle storage facilities, tow drivers and other personnel, and non-consensual towing services.

2. A provision to defend, hold harmless and indemnify the City from any liability arising out of, pertaining to, or relating to acts or omissions of the towing provider in connection with the towing services agreement.

3. Minimum insurance requirements to the satisfaction of the Risk Manager.

4. Grounds for its suspension and termination. Notwithstanding any other provision of this Chapter or any towing services agreement, the City shall have the right to terminate any towing services agreement at any time and without cause by giving written notice before the effective date of such termination.

5. Maximum rates and charges.

10.24.060 Authority of City to maintain own towing services and facilities Nothing in this Chapter shall be construed to restrict or prohibit the City from conducting its own towing operations or maintaining its own towing storage yard, either in lieu of, or in addition to any towing providers selected by the City pursuant to this Chapter. 4854-2746-4561.2

10.20.070 Enforcement and Penalties
Any violation of this Chapter is unlawful and shall constitute a public nuisance. The City may abate such violations using any remedy provided by law or equity, including, but not limited to, the remedies contained in Chapter 1.12 of this code.

Section 2. Severability.

If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

Section 3. CEQA.

The City Council finds that this Ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) under the common sense exception that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as here, the activity is not subject to CEQA.

Section 4. Effective Date. This Ordinance shall be effective on the 31 st day following its adoption by the City Council.

Section 5. Publication and Posting. The Mayor shall sign this Ordinance, and the City Clerk shall certify as to the adoption and shall cause the ordinance or a summary thereof to be published in accordance with state law.

PASSED, APPROVED and ADOPTED this
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
day of , 2025.

Jon Thorp, Mayor

APPROVED AS TO FORM
Steven Graham Pacifico
City Attorney
4854-2746-4561.2