HomeMy WebLinkAbout01. Approve Franchise Agreements for Towing and Storage Services[IMINUL
FROM: OFFICE OF THE CITY MANAGER
BY: CARL D. CHARLES, CHIEF OF POLICE
DATE.- JULY 10, 2018
SUBJECT: REQUEST TO APPROVE FRANCHISE AGREEMENTS FOR TOWING AND
STORAGE SERVICES
RECOMMENDATION
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The Police Department impounds approximately 1 300 Vehicles per year. These Vehicles are
impounded typically for the following: parking in "No Stopping Zones"; expired registration (over
ii months); unpaid parking citations (5 or more); arrest of driver (when necessary); and for
zwidence when the vehicle is involved in a crime.
In June of 2015, the City approved three-year towing agreements with United Towing Service,
Inc., and Titan Transportation, Inc., that ended June 30, 2018.
In May of 2018, the City of owney sent out a notice for a Request for Formal Proposals (RFP)
for a non-exclusive franchise agreement for towing and storage services. Two (2) companies
returned proposals by the deadline of June 14, 2018; Titan Transportation, Inc. and United
Towing Services, Inc. Subsequently, the Police Management Staff evaluated, rated and ranked
the two (2) proposals as required in the RFP.
REQUEST TO APPROVE FRANCHISE AGREEMENTS FOR TOWING AND STORAGE SERVICES
JULY 10, 2018
PAGE
Based on our experience working with United Towing Services, Inc. and Titan Transportation,
Inc. both companies have timely responses to traffic collisions, impound requests, crime scene
investigations and towing services for City vehicles. This level of service has been critical to our
overall effectiveness and is essential to providing professional service to Downey residents.
At Council direction, the staff has routinely attempted to support companies that are based
and/or maintained within the City. As such, we believe our familiarity with the local tow
companies has helped to prevent predatory towing practices from occurring. Accordingly, it is
our recommendation that the City enter a contractual agreement with United Towing Services,
Inc. and Titan Transportation, Inca
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There is no cost to the City. Resolution No. 11-7274 previously established a franchise fee of
20% of the tow operator's gross revenues for services provided to the City. Through the
franchise fee, the City received $94,264 during the 2016-2017 fiscal year and $61,981 so far
during the 2017-2018 fiscal year. We anticipate similar revenues for the duration of the
agreements from the franchise fees.
ATTACHMENTS
Resolution Titan Transportation, Inc.
Resolution —United Towing Services, Inca
Attachment A — Titan Transportation, Inc. Agreement
Attachment B — United Towing Services, Inc. Agreement
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RESOLUTION NO. 18-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF r• APPROVING
FRANCHISE AGREEMENT FOR TOWING AND STORAGE SERVICES WITH TITAN
TRANSPORTATION, INC. I
WHEREAS, the City of Downey desires to enter into a three-year agreement with Titan
Transportation, Inc. for towing and storage services; and
WHEREAS, a Public Hearing is set for July 10, 2018, to consider objections and grant
franchise agreements; and,
WHEREAS, a notice of such hearing was given in the manner required by law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY • r• DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. Approve the Agreement with Titan Transportation, Inc. for towing and storage
services for a three-year period commencing July 10, 2018 through July 09, 2021.
SECTION 2. That the City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 10th day of July, 2018.
SEAN ASHTON, Mayor
ATTEST:
MARIA ALICIA DUARTE, CMC, City Clerk
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the
City of Downey at a regular meeting thereof held on the 10th day of July, 2018, by the following
vote, to wit:
AYES:
Council Members
NOES:
Council Members
ABSTAIN,
Council Members
ABSENT:
Council Members
MARIA ALICIA DUARTE, CMC, City Clerk
RESOLUTION NO. 18-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING
FRANCHISE AGREEMENT FOR TOWING AND STORAGE SERVICES WITH UNITE
I
TOWING SERVICES, INC.
WHEREAS, the City of Downey desires to enter into a three-year agreement with United
Towing Services, Inc. for towing and storage services; and
WHEREAS, a Public Hearing is set for July 10, 2018, to consider objections and grant
franchise agreements; and,
WHEREAS, a notice of such hearing was given in the manner required by law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Approve the Agreement with United Towing Services, Inc. for towing and
storage services for a three-year period commencing July 10, 2018 through July 09, 2021.
SECTION 2. That the City Clerk shall certify to the adoption of this Resolution.
SEAN ASHTON, Mayor
ATTEST:
MARIA ALICIA DUARTE, CMC, City Clerk
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a regular meeting thereof held on the 10th day of July, 2018, by the
following vote, to wit:
AYES:
Council Members
NOES:
Council Members
ABSTAIN,
Council Members
ABSENT:
Council Members
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■ AGREEMENT
BETWEEN THE CITY OF DOWNEY AND
TITAN TRANSPORTATION, INC. FOR TOWING AND STO ULCES
This Franchise Agreement ("Agreement"), is entered into on July 10, 2018 ("Effective Date") by
and between the CITY OF DOWNEY, a Municipal Corporation and Charter City, hereinafter
referred :• as "Cityand Titan Transportation Inc., a California corporation, hereinafter referred
to as "Franchisee" and collectively referred to iierein as the "Parties".
A. Pursuant to California Vehicle Code section r•1' City has the • to grant a
•. to a tow truck operator for towing and storage services required • the abatement and
removal as public nuisances, of abandoned, wrecked, dismantled, • inoperative vehicles or •.
• from private • public property within the boundaries • City.
B. California Vehicle Code section 121 10(b) allows City to require a fee in connection with
the award of a franchise for towing vehicles on its behalf provided that the fee does not exceed
the amount necessary to reimburse the City for its actual and reasonable costs *incurred in
connection with the towing r`•9.
C. Chapter 12 of Article VI of the Downey Municipal Code establishes a Towing Service
'Franchise Program which authorizes the City • to grant, at its discretion, a nonexclusive
franchise to one or more tow truck operators to provide towing and storage services to the City
and to charge a franchise fee pursuant to a franchise agreement.
D. For the purpose of insuring the continued protec ' tion and preservation of the public health,
welfare and convenience of the City, City desires to grant Franchisee a nonexclusive franchise
agreement for towing services as defined herein within the City.
E Franchisee desires to provide such towing services upon the terms and conditions set forth
herein.
• THEREFORE, in consideration • the promises and of the covenants and
conditions •, contained, City and Franchisee mutually agree as follows:
The Recitals set forth above constitute a material part hereof, and are hereby incorporated bi
reference herein as though ftilly set forth herein.
ATTACHMENT A
City hereby grants a Franchise to Franchisee to provide Towing Services, as defined in Section
3. Franchisee shall have throughout the term of this Agreement the nonexclusive right to engage
in the business of providing Towing Services requested by City within the boundaries of City as
the same now exist, and within any territory City hereafter annexes, except to the extent that
towing services within such territory annexed would be unlawful or violate the legal rights of
another person.
During the term of this Agreement, Franchisee shall provide the following Towing Services
("Towing Services") to City:
A. Removing illegally parked vehicles;
B. Towing inoperative vehicles as a result of traffic accident-,
C. Towing vehicles as a result of mechanical breakdowns;
D. Storing or impounding vehicles for investigations, evidence, or violation of the law or
for any other lawful purpose;
E. Remove vehicle debris from accident scene;
F. Cover oil and vehicle fluids with sand at accident scenes.
G. Change vehicle tires;
H. Maintaining tow records of stored and impounded vehicles-,
I. Provide secured storage lot for stored and impounded vehicles-,
J. Provide service to start drained car battery or other vehicle malfunctions;
K. Unlock vehicles.
The term of this Agreement shall commence on July 10, 2018 and terminate on July 9, 2021,
unless sooner terminated pursuant to the terms of this Agreement.
5. NONEXCLUSIVE FRANCHISE.
Franchisee shall have the nonexclusive right to receive calls from the City subject to the terms
and conditions of this Agreement, to provide Towing Services for vehicles which are involved in
accidents, disabled, abandoned, impounded for evidence, impeding the flow of traffic or
otherwise subject to being non -consensually towed and stored at the direction of the City.
Towing Services shall be provided by Franchisees on a rotating basis as determined by the Chief
of Police or his/her designee.
SMORIVAI
The Chief of Police, or his/her designee, has the final authority to determine disputes as to the
ability or authority of Franchisee to perform Tow Services for the City. If it is determined that
Towing Services are not needed and are canceled by City, acting by and through the Downey
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Franchisee's tow truck drivers must be sufficiently trained to ensure the safe and proper
discharge of the responsibilities set forth in this Agreement. To ensure the proper qualifications
of Franchisee's tow truck drivers, Franchisee agrees to the following terms:
A. Dd r�bhjgjq�. Franchisee shall provide the name, date of birth, current photo and
valid California driver's license number of all drivers employed by Franchisee in writing to the
Downey Police Department Field Operations Captain. Franchisee shall notify the Downey
Police Department Field Operations Captain, or his/her designee, in writing of any new drivers
or any change in employment status of a current driver within five (5) days of their date of hire
or change in employment status.
B. Pull ice Promm. Franchisee shall participate in the Employer Pull Notice Program
through the Department of Motor Vehicles. Franchisee shall notify the Downey Police
Department Field Operations Captain, or his/her designee of any Pull Notices received for any of
Uranchisee's current drivers.
(1) Tow truck drivers employed by Franchisee shall be at least 18 years old,
possess the required class driver's license to operate a tow vehicle.
Franchisee must have drivers available to operate any and all tow vehicles
specified in this Agreement. All drivers must be sufficiently capable and
trained to ensure safe and proper discharge of their Towing Services in a
safe and courteous manner.
(2) All tow truck drivers shall comply with the requirements set forth in
California Vehicle Code Sections 27700 and 24605. All tow truck drivers
shall meet all requirements specified in Sections 2430.5 and 12520 of the
California Vehicle Code.
(3) During the term of this Agreement, Franchisee and/or tow truck drivers
shall provide the Downey Police Department Field Operations Captain, or
his/her designee, with information in writing concerning any driving
citations received by the tow truck driver(s) in the immediate prior three
(3) years and all information regarding any criminal convictions.
(4) Franchisee's tow truck drivers shall present a neat, clean and professional
appearance. Tow truck drivers shall wear uniform type pants (or shorts
during warm weather) and shirts that identify the tow service company
and their name (first or last).
(5) The Chief of Police, or his/her designee, in his or her sole discretion, may
require that Franchisee's tow truck drivers:
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(I• ) Undergo background checks by the California Department of
Motor Vehicles and any other agency deemed appropriate to
determine the safety practices of the tow truck drivers;
(6) Franchisee shall not utilize a tow truck driver to render services pursuant
to this Agreement if any of the following conditions exist:
(a) A tow truck driver who is subject to epilepsy, fainting or loss of
consciousness by reason of chronic medical condition;
(b) A tow truck driver whose driving record indicates five (5)
violations of traffic laws involving moving vehicles within two (2)
years preceding the date of the effective date of this Agreement;
(c) A tow truck driver who has furnished false information in any
document submitted to City in connection with this Agreement or
who has omitted to furnish all information requested by City in
connection with this Agreement;
(d) A tow truck driver who has been convicted of driving while under
the influence of intoxicating liquor or narcotic drugs, or both,
within three (3) years of the effective date of this Agreement; or
(e) A tow truck driver who has been convicted of a felony, any crime
involving moral turpitude, or any crime(s) specified in this
Agreement within two (2) years preceding the effective date of this
Agreement.
(7) Notwithstanding compliance with the foregoing provisions, the City may
prohibit certain tow truck drivers from providing Towing Services to the
City or the Downey Police Department in its sole discretion. Such
directives shall be made by the Chief of Police, or his/her designee, in
writing to Franchisee.
Franchisee shall install and maintain radio transmission and reception equipment allowing for
two-way communication with each authorized tow vehicle.
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There shall be a Franchisee employee or agent available in person during normal business hours
at Franchisee's office to handle requests for service and release of impounded/stored vehicles.
Normal business hours shall be Monday to Friday, inclusive, from 7:30 a.m. to 7:30 p.m.,
inclusive, except state holidays. Franchisee shall have an attendant on duty after hours to
accommodate the release of vehicles after normal business hours.
W6190661
A tow truck driver shall give to the driver or owner of a vehicle to be stored, impounded or
towed away, a business card, and a receipt with the Franchisee's name, address and phone
number. The Franchisee's information shall be provided to the Downey Police Department in
the event that the driver is unavailable or incapacitated.
A vehicle impounded pursuant to the authority granted by local, state or federal law will be
documented by Downey Police Department personnel. Franchisee shall obtain authorization
from the Downey Police Department before any vehicle ordered towed, store or impoun e y
the Downey Police Department can be released by Franchisee.
RELEASE OF VEHICLE AFTER STORAGE / IMPOUND.
Franchisee shall require proper identification and a Downey Police Department authorized
release form from any person requesting release of a stored or impounded vehicle. If the person
requesting the release of a vehicle does not proper identification and a Downey Police
Department authorized release form, Franchisee shall not release the vehicle, but instead refer
the person to the Downey Police Department for further processing. The final decision for
release of a vehicle shall come from the on -duty Watch Commander, or his/her designee.
Franchisee shall adhere to the decision of the on -duty Watch Commander or his/her designee.
Franchisee further agrees that it will release any stored or impounded vehicle to the person
presenting proper identification and a Downey Police Department authorized release form
within, at a minimum, 45 minutes of presentation by a person of this documentation or upon
receiving written instructions to release a vehicle by the Downey Police Department Watch
Commander, or his/her designee. Franchisee further agrees that all storage or impound fees
cease to accrue immediately upon presentation of such documentation, regardless of the ultimate
time of release of the stored or impounded vehicle.
'Rr W PRO W D1' V iM
No personal property shall be removed from the stored or impounded vehicle without prior
written authorization from the Watch Commander. For purposes of this Agreement "personal
property 9' means items in the stored or impounded vehicle that are not affixed to the vehicle.
18. FRANCHISEE VEHICLE STORAGE YARD FACILITY STANDARDS.
During the term of this A.reement, Franchisee shall, at a minimum, comply with the following
requirements and standards with respect to its vehicle storage yard facilities:
A. Location of Sf�t4k�fk I - During the term of this Agreement, Franchisee's storage yard
facilities and business office must be located within the jurisdictional limits of the City of
Downey.•
Stored vehicles should be at a single location in the City of Downey. If a secondary
storage location is required by Franchisee, it must also be located within the City of Downey.
The Franchisee's business office and storage yard facilities existing as of the date of this
Agreement shall not be changed to a new location in the City without the prior written consent of
the Chief of Police or his/her designee.
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B. StoL4gcfacilitequirements: Franchisee shall provide adequate security measures for the
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protection of vehicles and property at all storage yard facilities. The Downey Police Department
Field Operations Captain, or his/her designee, shall determine the adequacy of Franchisee's
security measures and may grant additional consideration for state -of -the -art security measures,
including, but not limited to, security cameras and motion sensors. At a minimum, all storage
facilities shall comply with the following requirements:
(1) All vehicles stored or impounded by Franchisee at the direction of the
Downey Police Department or other authorized City personnel must be
stored in storage yard facilities that are enclosed by a substantial wire
fence or wall enclosures. The storage yard facilities must have locks for
all gates, doors, or other means of access. Such fence or wall enclosures
shall be not less than six (6) feet in height and shall be provided with not
less than one gate, door, or other means of access of adequate width and
height. The bottom edge of the fence or wall enclosure structure shall not
be more than two (2) inches above the finished parking surface of the
enclosed area.
The top edge of the fence or wall enclosure, including all gates, doors, or
other means of access shall be equipped with not less than two (2) barbed
wires installed in such manner as to discourage access over the top of the
fence or wall enclosure. In cases where wire mesh is attached to the roof,
barbed wire will not be required. Wire mesh installation erected inside of
building need not be provided with barbed wire.
All fence or wall enclosures shall be maintained and repaired throughout
the term of this Agreement. Any damage to such fence or wall enclosures
shall be repaired within twenty-four (24) hours to ensure proper protection
for the stored or impounded vehicles.
All storage yard facility structures, including walls or fences, shall meet
the requirements of the City of Downey Municipal Code, and shall be
approved by the Downey Police Department Field Operations Captain, or
his/her designee.
(2) The storage yard facilities shall have capacity to store a minimum of 100
vehicles.
(3) The security measures provided for the storage yard facility shall be
adequate to preclude theft, vandalism or damage by activity while in
Franchisee's lot. The storage yard facility and lot shall be configured in
such a way that no vehicles shall be left parked or stored on the public
streets at any time.
C. During the term of this Agreement, all storage yard facilities must be available for inspection
upon request by the Downey Police Department.
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D. All necessary vehicle storage yard facilities needed to meet the minimum requirements o
this section shall be the sole responsibility of Franchisee. All necessary approvals for such
storage yard facilities shall comply with the applicable provisions of the Downey Municipal
Code, and/or the appropriate State or County codes. Compliance with this subsection shall not
be deemed to create any duty by the City to award a permit to Franchisee.
E. The Downey Police Department may inspect Franchisee's storage yard facilities used under
this Agreement at any time during normal business hours. Franchisee must have equipment for
and have personnel proficient in unlocking locked vehicles when requested by the Downey
Flolice Department.
F. Throughout the term of this Agreement, Franchisee s 11 maintain in good con ition t e rea
property and improvements thereon, of the storage yard facilities used in the performance of the
service required by this Agreement.
19. InDOOR STOx' ?`�GE FACILITIES.
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Franchisee shall provide indoor storage facilities or sheltering cover for a minimum of three (3)
vehicles sufficient to protect vehicles from the elements (i.e., wind, heat, dust, adverse weather
and other forms of contamination). The Downey Police Department Field Operations Captain,
or his/her designee, shall determine the adequacy of the indoor storage facilities or sheltering
cover.
The Downey Police Department may inspect Franchisee's indoor storage facilities used under
this Agreement at any time during normal business hours. Franchisee must have equipment for
and have personnel proficient in unlocking locked vehicles when requested by the Downey
Police Department.
The Franchisee shall take all precautions required by the Downey Police Department to avoid
any damage to any evidence, such as fingerprints or stains. Vehicles taken into custody that
involve evidence shall be stored in an area protected against entry by unauthorized persons.
20� EQMMhMTANDA"S.:
During the term of this Agreement, Franchisee shall comply with the following equipment
standards:
A. At its sole expense, Franchisee shall secure the following vehicles that conform to the
California Highway Patrol's Classification (CHP Class) for the gross vehicle weight ratings
GV)WR) of a truck chassisI
'GVWR Ranae ahsJ CHP Class
10,000 - 19,500 A
19,501- 33,000 B
33,001 — 49,999 C
50,000 or more D
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(1) A minimum of one (1) flatbed car carriers (Class A or Class B); plus
(2) A minimum of three (3) light -medium duty tow trucks, consisting of -
(a) At least two (2) light duty (Class A); plus
(3) Preferably, at least one (1):
(a) Heavy duty (Class C); or
(b) Super heavy duty (Class D); plus
,4) Preferably, at least one (1) tow truck that is equipped to lift and carry a disabled
person in a wheel chair.
B. Franchisee further agrees that all Franchisee's tow vehicles shall have basic equipment
for the towing of vehicles. Basic equipment shall include:
0 Fire Extinguisher
& Broom
0 Shovel
* Reflective Triangles
e Flares
0 Trash Can(s) with Absorbent Material
0 Office to Truck Radio System
o Winch
C. Motorcycles that are stored, impounded, or towed at the direction of the Downey Police
F-Wepartment or other authorized City personnel shall be towed by a trailer that is designed to
carry motorcycles or by a flatbed truck in an upright position.
D. Any and all equipment used and maintained by Franchisee must be made available for
inspection by the Downey Police Department upon request. The Downey Police Department may
conduct random vehicle and equipment inspections to ensure compliance with this Agreement.
E. All equipment and vehicles to be used during the term of this Agreement shall be
inspected by the California Highway Patrol at least one time per year. All vehicles and
equipment shall display a current inspection sticker (or satisfactory proof thereof) issued by t
California Highway Patrol prior to its use pursuant to this Agreement. I
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F. Throughout the term of this Agreement, Franchisee shall maintain in good condition all
vehicles, facilities, equipment and material used in the performance of the service required by
this Agreement.
All records required to be kept by Franchisee owner shall be available for inspection by
representatives of the Downey Police Department and the California Highway Patrol. In
addition, Franchisee shall submit to, at any reasonable time, an inspection of all drivers, vehicles,
equipment and storage yard facilities by the Downey Police Department. Franchisee shall
ixovide California HighmeA Patrol ins(bection certifications for each of its towing vehicles to the
Downey Police Department. If Franchisee cannot produce an annual California Highway Patrol
certification, the Downey Police Department reserves the right to require that all towing vehicles
be inspected by an automotive professional certified by the State of California Bureau of
Automotive Repair, selected by the Downey Police Department. All vehicle inspection fees
shall be borne solely by Franchisee and shall be due and payable upon presentation of the
vehicles for inspection. Any tow vehicle that fails an inspection shall not be used to provide
Towing Service in the City until it is repaired and passes re -inspection. All tow vehicles shall be
operated and maintained in compliance with all applicable state and federal laws and regulations.
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A. CHP Dates Apply. The towing rates and storage fees initiated incurred by City under this -
Agreement cannot exceed the towing rates and storage fees established each year by the
California Highway Patrol (CHP) in accordance with the CHP/Santa Fe Springs Station -Fee
Schedule for Public Tows. Franchisee's rates may be reviewed annually on June 1st to confirm that
they match the CHP/Santa Fe Springs "Station -Fee Schedule for Public Tows. Franchisee must notify
the Chief of Police, or his/her designee in writing of any tow rate and storage fee increases to
match the CHP/Santa Fe Springs Station -Fee Schedule for Public Tows. The Downey Police
Department will verify any increases. Any disputes will be reconciled through a meeting
between the Chief of Police or his/her designee and Franchisee owner. If the rate and fee
increases are verified, the new rates will take effect on July 1st. Franchisee agrees that Chief of
Police's, or his/her designee's, determination concerning tow rates and storage fees shall be final.
B. Short Storage Period* Vehicles stored eight hours or less shall be charged no more than one -
day's storage fees. Each day thereafter shall be calculated by the calendar day.
C. Posting of Rates. Franchiseemustmaintain a "sign listing the rates, fees and charges of all
towing and storage services offered. Such sign shall be conspicuously placed in the office or
other places where customer financial transactions take place. A copy of the rate schedule shall
be maintained inside each tow vehicle and presented upon request by a vehicle owner or driver
for any vehicle towed or stored by Franchisee.
D. Cit, Responsible for Rate. In the event that a vehicle is stored or impounded at the direction
of the Downey Police Department or other authorized City personnel, and it is subsequently
determined that the City is responsible for the cost of such storage and/or towing, Franchisee
agrees not to assess the City for costs of tow and/or storage of the vehicle.
E. Storage of Vehicles in Criminal Matters. Franchisee agrees to tow and store vehicles that
will be used as, or contain, evidence of crimes for the Downey Police Department without charge
to City. Franchisee's inability to perform this function constitutes a material breach of this
Agreement and shall provide the basis for either suspension or revocation of this Agreement, in
the discretion of the City. However, Franchisee shall not be required to tow and store vehicles
that will be used as, or contain, evidence of crimes if criminal charges are pending against
Franchisee, or one of its owners, principals or employees.
F. After Hour Vehicle Releases. Franchisee normal business hours shall be Monday to Friday,
inclusive,_ from 7`.30 a.m. to 7:30 p.m., inclusive, except state holidays. However, when in the
opinion of the Chief of Police or his/her designee, unusual circumstances warrant the release of
an impounded vehicle or vehicles outside of the normal business hours, the Franchisee shall
provide personnel at a call station where they may be contacted for such emergency release or
releases during such hours. Such after -hour releases shall be charged at 50 percent (50%) of the
current tow rate for release pursuant to California Vehicle Code section 22658(n)(2)(B).
G. Towing of City Vehicles. Franchisee further agrees to tow and store, for a -period not
exceeding five days, all City vehicles free of charge. Moreover, Franchisee agrees not to charge
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• the changing of flat tires ' service to start drained car battery or • vehicle malfunctions and
lockout service • City vehicles.
25. FRANCHISE FEES.
IM
description of the circumstances surrounding the tow (traffic collision, Department impound
etc.).
B. Franchisee shall maintain these records for a period of five (5) years. Such records shall be
available at all times during regular business hours and shall be subject to audit by the City of
Downey or an outside auditing firm contracting with the City. Failure to make available for
audit all gross receipts within two business days shall constitute cause for termination of this
Agreement by the City.
The Franchisee shall accept payment by a valid bank credit card or cash for towing and storage
charges. The Franchisee shall have sufficient funds on the premises to accommodate and make
change in a reasonable monetary transaction. Franchisee shall accept payment from e
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registered owner, legal owner or the agent claiming the vehicle in accordance with California
Vehicle Code section 2265
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Franchisee's office must have a sign posted including the company name, address, phone
number and hours of operation, clearly visible from the roadway. Franchisee shall not display
any signs or advertising material which indicates that his/her business is an official towing
service or police storage facility of the City of Downey or the Downey '•-•.
29. INROLD HARMLESS AND DUTY TO DEFEND.
A. 11 demnjh��d Harmless
To the fullest extent permitted by law, Franchisee agrees to indemnify, defend, protect, hold
harmless, and assume all liability of the City, its elected officials, officers, employees, agents and
volunteers (collectively "Indemnified Parties") from and against all claims (including, without
limitation, claims for bodily injury, death, damage to property or workers' compensation
benefits), demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees,
disbursements and costs, and all other professional, expert or consultant's fees) of every kind and
nature whatsoever (individually, a "claim"; collectively, "claims"), whether under state or federal
law, which may arise from or are in any manner related to this Agreement, regardless of any
active or passive negligence or strict liability -of the Indemnified Parties, and further agrees to
indemnify the Indemnified Parties, regardless of whether the Claim or Claims is/are asserted by
an elected official, officer, employee, agent or volunteer of the City.
Franchisee understands and acknowledges that the indemnification obligation hereunder,
includes, but is not limited to, a "Type I" indemnity under California law and extends to and
includes all claims arising from the active or passive negligence of the Indemnified Parties.
Franchisee further understands and acknowledges that the indemnification obligation hereunder
extends to workers' compensation claims made by any elected officials, officers, employees,
agents or volunteers of the City which may arise from or are in any manner related to the
provision of towing services by Franchisee pursuant to this Agreement.
The duty to defend hereunder is wholly independent of and separate from the duty to indenmi
and such duty to defend exists regardless of any ultimate liability of the Indemnified Parties.
Such defense obligation, which shall be managed by Franchisee, shall arise immediately upon
presentation of a Claim by any party and written notice of such Claim being provided to
Franchisee. Payment to Franchisee by any Inderrinified Party or the payment or advance of
defense costs by any Indemnified Party shall not be a condition precedent to enforcing such
Indemnified Party's rights to indemnification hereunder. Franchisee's duties to indemnify,
defend and hold harmless pursuant to this Agreement shall survive the either the expiration or
earlier termination of this Agreement until such time as any legal action against the Indemnified
Parties for any such matters indemnified hereunder are fully and finally barred by all applicable
statutes of limitation or statutes of repose. Under no circumstances shall the insurance
requirements and limits set forth in this Agreement be construed to limit Franchisee's duties to
indemnify, defend or hold harmless pursuant to this Agreement.
30. LIABILITY INSURANCE.
A. Franchisee shall, at its own cost and expense, maintain policies of insurance affording
protection against third party bodily injury liability and property damage liability occasioned by
reason of the provision towing services, impoundment and storage of vehicles. The minimum
insurance established for the following categories are:
1. General Liability Insurance - Franchisee agrees to maintain a comprehensive general
liability insurance policy with a combined single limit for bodily injury and property damage of
not less than Two Million Dollars ($2,000,000.00).
2. Commercial Business Automobile Liability (as required by Section 16500.5 California
Vehicle Code) - Bodily injury and property damage with a combined single limit of not less than
Three Two Million Dollars ($2,000,000.00). The policy shall also include owner, non -owner,
and hired auto coverage.
3. Uninsured Motorist - Legal minimum, combined single limits,
4. Garage Liability � Includes premises and operations. Coverage for bodily injury and
property damage with a combined single limit of not less than Five Hundred Thousand Dollars
($50000.00).
5. Garage Keeper's legal liability insurance coverage with limits of not less than Six
Hundred Thousand Dollars ($600,000.00) for loss or injury to or destruction of any stored
vehicles as a result of Fire, TheftExplosion, Riot and Civil Commotion or Vandalism and
Malicious Mischief.
B. Franchisee shall obtain and maintain at all times in full force and effect during the term of
this Agreement all insurance policies and coverage listed above, which shall not be canceled
prior to the termination of this Agreement.. The insurance provided under this Section shall
include an endorsement page(s) naming "the City of Downey, its elected and appointed officials,
officers, employees, agents, and volunteers as additional insured. Franchisee agrees to deliver a
copy of all insurance policies, endorsements, and certificates to the Downey Police Department,
&*TORU&AMlp(r �-enien�t-of
the Towing Services.
C. Franchisee agrees that its insurance shall be primary insurance with respect to any claims,
losses, or liability arising from the provision of towing services by Franchisee pursuant to this
Agreement, and that the insurance carried by the City of Downey shall be excess and not
contributory with the insurance provided by Franchisee. Franchisee further agrees to provide an
endorsement to its insurance policies with such language.
D. Franchisee agrees to notify City in writing at least thirty (30) days prior to any cancellation or
reduction in coverage in Franchisee's insurance coverage for any insurance providing coverage
M
for the services relating to this Agreement. Franchisee further agrees that it will provide the City
with prompt and timely notice of any claim made or suit instituted arising from or any way
related to the provision of towing services pursuant to this Agreement. Defense coverage must be
in addition to policy limits. If umbrella coverage is used, it must include drop down coverage if
underlying coverage does not apply, and the umbrella policy must have the same starting and
ending date as the primary policy.
E. Franchisee shall have the sole right to select its insurance carrier(s), provided such carrier
lawfully transacts business in the State of California. However, all insurance required by this
Agreement must be issued by companies admitted to do business in California, with an A.M.
Best's rating of ANII or better, unless these requirements are waived by the City Attorney of the
City due to unique circumstances. In the event the City Attorney determines that the work or
services to be performed under this Agreement creates an increased or decreased risk of loss to
the City, Franchisee agrees that the minimum limits of any insurance policies and/or
performance bond required by this Agreement may be changed accordingly upon receipt of
written notice from the City Attorney; provided that Franchisee will have the right to appeal a -
determination of increased coverage by the City Attorney to the City Council of the City within
ten (10) days of receipt of notice from the City Attorney.
F. Franchisee shall not perform any services pursuant to this Agreement unless and until all
insurance policies and coverage set forth herein are obtained and copies of said policies,
endorsements and certificates are provided to the City in accordance with the provisions
specified above.
31. WORKERS COMPENSATION INSURANCE.
Franchisee's employees shall be covered by Worker's Compensation Insurance in an amount and
form to meet all applicable requirements of the Labor Code of the State of California, and any
other insurance requirements_ that may be required under federal, state, and/or local law.
32. ASSIGNMENT*
Franchisee shall not sell, transfer, lease, assign, sublet, mortgage or dispose of in whole or in
part, either by forced or involuntary sale, or by ordinary sale, contract, consolidation or
otherwise, or any rights or privileges herein granted, without the prior written consent of the City
Council. For purposes of this Section, an acquisition by any person, group, partnership or other
entity of at least 10% of the Franchisee shall be considered a sale, transfer or assignment. The
approval of a transfer or assignment of this Agreement shall be conditioned upon Franchisee's
sale or disposal of all ownership rights in Franchisee's tow truck business. If Franchisee desires
to transfer or assign its rights in the tow truck business, because he or she _ intends to sell or
dispose of all interests in the tow truck business that is authorized to perform towing services on
behalf of City, Franchisee shall make -a written request to the Chief of Police for a transfer or
assignment of the Agreement. The written request, along with a deposit fee of one thousand
dollars ($1,000.00) to cover the City's reasonable investigation costs, and review of the proposed
sale agreement or other document evidencing disposal of the tow truck business shall be
submitted to the Downey Police Department at least one hundred twenty (120) calendar days
before the requested effective transfer or assignment date. The City shall investigate the
16
proposed transferee or assignee and determine whether the transferee or assignee is qualified to
serve as a tow truck operator pursuant to the criteria and requirements set forth in this Agreement
and under local and State law. If the Downey Police Department determines that the proposed
transferee or assignee is qualified to be a tow truck operator, it will recommend that the City
Council approve the transfer or assignment. Such decision shall be in the sole and absolute
discretion of the City Council. Upon completion of the investigation process, the City shall
provide Franchisee with an accounting of the total amount of administrative and legal costs
associated with the City's review of Franchisee's request for a transfer or assignment of the
Agreement, and refund of a portion of the initial $1,000 deposit or request additional funds as
appropriate. Any attempt to sell, transfer, lease, assign or otherwise dispose of the Agreement
without the prior written consent of the City Council shall be null and void.
Franchisee assumes all risk in the event of damage, theft, fire of the vehicles or any property
towed and stored by Franchisee, its employees or agents. Any and all claims, demands or
liability arising out of or encountered in connection with this Agreement shall be borne by
Franchisee.
IRT, MWITW W IN FA a WNIOLD - --
COMMUNICATIONS.
The Field Operations Captain, or his/her designee, shall conduct meetings to discuss issues of
concern with respect to performance by Franchisee under the Agreement. These meetings shall
be mandatory for the operator, or his/her designee. The Downey Police Department shall give
the operator five (5) days advance written notice of these meetings.
Franchisee agrees that failure to comply with the terms and conditions of this Agreement shall be
cause for either a WRITTEN WARNING, SUSPENSION OR TERMINATION OF THE
AGREEMENT, as set forth in this Section.
The Downey Police Department will investigate alleged violations of this Agreement and/or
violations of Federal, State or local laws in the provision of Towing Services pursuant to this
Agreement. Franchisee will be notified of the findings in writing within thirty (30) days of
completion of the investigation. Franchisee acknowledges that it shall be subject, and consents,
to integrity checks to ensure that it is complying with the terms of this Agreement, and that its
employees are performing their duties in a manner suitable for provision of Towing Services to
City residents and members of the public. The Franchisee shall be notified of the results in
writing within 14 days of such an "integrity check." Franchisee will be billed for the actual costs
incurred for such an event(s) in its entirety up to a maximum of $1,000 per occasion. Franchisee
agrees to pay for up to two such "integrity checks" annually.
17
The Field Operations Captain shall use the following guidelines for action against Franchisee if
Uranchise is found in violation of this Agreement. This is only a guide, with the Field
*perations Captain having discretion for serious violations of the Agreement, such as criminal
iffenses.
2 nd Violation within 12 consecutive months
WRITTEN WARNING
3 rd Violation within 12 consecutive months
30 day SUSPENSION
r,,., , T=o a ion wittim I Y. consecutive montns
60 day SUSPENSION
There shall be no appeal process for written warnings issued to Franchisee by the Downey Police
Department. However, in the event the Downey Police Department serves Franchisee with a
notice of suspension, Franchisee may request a hearing within seven (7) calendar days by
submitting a request in writing to the Chief of Police. The hearing shall be held as soon as
practicable. The hearing shall be conducted by the Chief of Police, or his/her designee.
Franchisee shall be entitled to present all relevant information, evidence and circumstances in
support of its position. Franchisee shall be notified in writing of the Chief of Police, or his/her
designee's ' final decision concerning the suspension within seven (7) calendar days of the date of
the hearing -
Franchisee may appeal the Chief of Police's or the Chief s designee's decision concerning a
suspension for a hearing de novo before the City Manager, or his/her designee. Franchisee must
serve a written notice of appeal on the City pursuant to the notice provisions set forth herein
within ten (10) calendar days of the date upon which the Chief of Police, or his/her designee's,
decision becomes effective. Franchisee's notice of appeal must set forth the grounds for its
appeal in clear and concise language, which shall include a summary of the claimed factual or
decisional error. If Franchisee fails to request a hearing or appeal within the specified deadlines '
or fails to appear at a scheduled hearing or appeal, the action taken by the Chief of Police, or
his/her designee, shall be final and the suspension shall take effect upon written notification to
Franchisee by the Chief of Police.
The City Manager, or his/her designee, shall conduct the hearing on the administrative appeal.
The hearing shall be held as soon as practicable, but in no event later than thirty (30) days from
Parties agree in wrn o an extension of time for the
hearing. The City Manager, or his/her designee's, decision on an issue shall be deemed final.
A suspension generally shall not take effect until the hearing and administrative appeal processes
have been exhausted. However, the Chief of Police, or his/her designee, shall have the authority
to suspend the Agreement effective immediately if, in the sole and absolute discretion of the
Chief of Police, or his/her designee, the conduct by Franchisee or its agents is deemed to
on
constitute a danger to the public health, safety or welfare or constitutes a gross violation of the
terms and conditions of this Agreement.
C. Citizen ;;Complaints
The Downey Police Departmentbe authorized to receive written complaintsfrom
regarding Franchisee, and/or Franchisee's principals, officers, employees and agents pertaining
to alleged violations of this Agreement and/or Federal, State or local laws. Any such complaint
may be investigated by the Downey Police Department and may form the basis for disciplinary
action as set forth in this Section or termination of this Agreement.
A. Termination without Cause.
Either • •, party may terminate this Agreement
- • • ,•rr •: r• r•
• •
immediatelydays' written notice to the other party. Upon receipt of the notice of termination from t
City, Franchisee must • • • •sal
approved r • entitled •compensationo, •
•
• • r r -• • reimbursement • rt
have been paid for but not rendered.auth
r any
In the event Franchisee, or any of its officers, directors, shareholders, employees, agents,
subsidiaries, or affiliates is convicted; (i) of a criminal offense as an incident to obtaining or
attempting to obtain a public or private contract or subcontract, or in the performance of a
contract or subcontract; (ii) under state or federal statutes of embezzlement, theft, forgery,
bribery, falsification or destruction of records, receiving stolen property, or any other offense
indicating a lack of business integrity or business honesty which currently, seriously, and
directly affects responsibility as a public consultant or contractor; (iii) under state or federal
antitrust statutes arising out of the submission of bids or proposals; or (iv) of violation of the
conflict of interest provision of this Agreement, or for any other cause the City determines to
be so serious and compelling as to affect Franchisee's responsibility as a public contractor, -
including but not limited to, disbarment by another governmental agency, then the City
reserves the unilateral right to terminate this Agreement upon providing Franchisee with ten
(10) days' written notice of termination, or to impose such other sanctions (which may
include financial sanctions, temporary suspensions, or any other condition deemed
appropriate short of termination) as it deems proper. In the event that the City terminates the
Agreement for cause, Franchisee shall be entitled to the hearing and appeal rights applicable
to disciplinary procedures above. However, termination for cause pursuant to this paragraph
shall be effective upon expiration of the ten (10) days' notification period set forth above.
If any party fails to perform its obligations because of • I • labor disputes,
embargoes, of •r inability to obtain laboror or • .•'e substitutes forlabor
19
or materials, governmental restrictions, governmental regulations, governmental controls,
judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or
other causes beyond the reasonable control of the party obligated to perform, then that party's
performance will be excused for a period equal to the period of such cause for failure to perform.
38. CONFLICT OF INTEREST.
A *No officer or employee of the City may have any financial interest, direct or indirect, in this
Agreement, nor may any officer or employee participate in any decision relating to the
Agreement that effects the officer or employee's financial interest or the financial interest o any
corporation, partnership or association in which the officer or employee is, directly or indirectly
interested, in violation of any law, rule or regulation.
B. No person may offer, give, or agree to give any officer or employee or former officer or
employee of the City, nor may any officer or employee of the City solicit, demand, accept, or
-ggr:R�,t gim
amLin-connectiDn--wi—th—an-�-,,
decision, approval, disapproval, recommendation, preparation or any part of a program
requirement or a purchase request, influencing the content of any specification or procurement
standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any
way pertaining to any program requirement, contract or subcontract, or to any solicitation or
proposal.
39. NOTICES.
Any notice required to be given under this Agreement shall be given by placing such notice in
the United States mail, postage prepaid, addressed as follows:
Franchisee: City:
Titan Transportation, Inc. Downey Police Department
Attn: Omar Camacho, President Attn: Chief of Police
8282 Phlox Street 10911 Brookshire Avenue
Downey
CA 90241 fax 562-923-3509 Downey, CA 90241
City Attorney for the City:
City Attorney for City of Downey
Attn: Yvette M. Abich Garcia
11111 Brookshire Avenue
Downey CA 90241 (fax) 562-923-6388
or to such other address as may be indicated by notice in writing. Such notice shall be deemed
fmade when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S.
mail, first-class postage prepaid and addressed to the party at its applicable address.
go]
AUTHORITY 1 ENTER AGREEMENT.
The City • Franchisee warrant that the individuals• have signed this Agreement have the
legal power, right• authority to enter into this Agreement so as to bind each respectparty
• perform the c•': • •'. • :'.. r s:. •
''SEVERABILITY.
If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or
unenforceable, the remaining provisions of this Agreement shall continue in full force and effect.
42. 1 1 COSTS.
If any legal action or other proceeding is brought for the enforcement of this Agreement or
because of an allegeddispute, breach,default, or misrepresentation• •
• • • • • •, r, r • r • • -• •,
recover reasonable •fees• other costsr in that actionor proceeding,
addition to any other relief to which it may be entitled.
•GOVERNING LAW AND
This Agreement shall be • • in accordance• governed by of the State •
California. Any lawsuit brought t• enforce this Agreement shall •' brought in the appropriate
court in Los Angeles County, State of California.
44. •
other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No
waiver shall be deemed a waiver and no waiver shall •' binding • in writing •
partythe
45. DAYS.
Any term in this Agreement referencing time, days, or period for performance shall be deemed to
be calendar days and not work days.
46. ENTIRE AGREEMENT.
This Agreement contains the entire agreement of the City and Franchisee and supersedes any
prior oral or written statements or agreementsbetween the City and Franchisee. No supplement,
•• • or amendmentof this Agreementbe binding executed in writing •
both the City and Franchisee. Franchisee represents• • s all • ;- diligence and
investigation prior to entering into this Agreement, and has not• upon any representations
that are not set forth• • enter into this •
21
Each and all of the terms, covenants and conditions of this Agreement shall be binding on and
shall inure to the benefit of the successors and assigns of the City and Franchisee.
The captions of the various sections, articles and/or paragraphs of this Agreement are for t e
convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
content, or intent of this Agreement or of any part or parts of this Agreement.
F111111FOORM!
In all cases, the language in all parts of this Agreement shall be construed simply, according to
its fair meaning and not strictly for or against any party, it being agreed that the City and
Franchisee or their respective agents have all participated in the preparation of this Agreement.
The City and Franchisee shall fully cooperate with one another in attaining the purposes of this
m-thm-
sign any such additional documents as may be necessary, appropriate and convenient as related
ffereto.
w
IN WITNESS WHEREOF, the City and Franchisee have caused this Agreement to
executed by their respective officers hereunto duly authorized. I
1 11
By:
Sean Ashton, Mayor
Dated:
135112w,
'In
Yv
M Abich Garcia
CityAttorney
y
e
TITAN T C.
By:
Omar Camacho, President
9
Dated: �7 /3 12-o ( '&-
Carl D. Charles
Chief of Police
FRANCIIISE AGREEMENT
BETWEEN THE CITY OF DOWNEY AND
UNITED TOWING SERVICE, INC. F0440�,W10G-�-,
1SM%11?4
a, I --
in NO= My,171067EA—FE71—ve J=MPTV
and between the CITY OF DOWNEY, a Municipal Corporation and Charter City, hereinafter
referred to as "City," and United Towing Service, Inc., a California corporation, hereinafter
referred to as "Franchisee" and collectively referred to herein as the "Parties".
12 PEN 1911-1
A. Pursuant to California Vehicle Code section 22660, City has the authority to grant a
franchise to a tow truck operator for towing and storage services required for the abatement and
removal as public nuisances, of abandoned, wrecked, dismantled, or inoperative vehicles or parts
thereof from private or public property within the boundaries of City.
B. California Vehicle Code section 1211 0(b) allows City to require a fee in connec ion WIii
the award of a franchise for towing vehicles on its behalf provided that the fee does not exceed
the amount necessary to reimburse the City for its actual and reasonable costs incurred in
connection with the towing program.
C. Chapter 12 of Article VI of the Downey Municipal Code establishes a Towing Service
Franchise Program which authorizes the City Council to grant, at its discretion, a nonexclusive
franchise to one or more tow truck operators to provide towing and storage services to the City
and to charge a franchise fee pursuant to a franchise agreement.
D. For the purpose of insuring the continued protection and preservation of the p c
welfare and convenience of the City, City desires to grant Franchisee a nonexclusive franchise
agreement for towing services as defined herein within the City.
E. Franchisee desires to provide such towing services upon the terms and conditions set
forth herein.
NOW, THEREFORE, in consideration of the promises and of the covenants and
conditions hereinafter contained, City and Franchisee mutually agree as follows:
The Recitals set forth above constitute a material part hereof, and are hereby incorporated by
reference herein as though fully set forth herein.
k I I 1 6 1 1
WE
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in the business of providing Towing Services requested by City within the boundaries of City as
the same now exist, and within any territory City hereafter annexes, except to the extent that
towing services within such territory annexed would be unlawful or violate the legal rights of
another person.
During the term of this Agreement, Franchisee shall provide the following Towing Services
("Towing Services") to City:
A. Removing illegally parked vehicles-,
B. Towing inoperative vehicles as a result of traffic accident;
C. Towing vehicles as a result of mechanical breakdowns;
D. Storing or impounding vehicles for investigations, evidence, or violation of the law or
for any other lawful purpose;
E. Remove vehicle debris from accident scene;
F. Cover oil and vehicle fluids with sand at accident scenes.
G. Change vehicle tires;
H * Maintaining tow records of stored and impounded vehicles-,
r. Provide secured storage lot for stored and impounded vehicles;
J. Provide service to start drained car battery or other vehicle malfinictions;
K. Unlock vehicles.
The term of this Agreement shall commence on July 10, 2018 and terminate on July 9, 202 1,
unless sooner terminated pursuant to the terms of this Agreement.
5� NONEXCLUSIVE. FRANCM8E.
Franchisee shall have the nonexclusive right to receive calls from the City subject to the terms
and conditions of this Agreement, to provide Towing Services for vehicles which are involved in
accidents, disabled, abandoned, impounded for evidence, impeding the flow of traffic or
otherwise subject to being non -consensually towed and stored at the direction of the City.
P n V11
ro 'ded bv Franchisees on a rotating basis as etermined bv the Chief
KOIN illJIM-IM Ell WA IRMEROW-1
The Chief of Police, or his/her designee, has the final authority to determine disputes as to the
ability or authority of Franchisee to perform Tow Services for the City. If it is determined that
Towing Services are not needed and are canceled by City, acting by and through the Downey
0
S._ COMPLIANCEWITH LAWS.
Franchisee must at all times throughout the term of this Agreement, comply with the terms of
this Agreement, all state and federal laws, and all current and subsequently enacted towing
ordinances, rules or regulations enacted by City that are applicable to Franchisee.
9. 'BUSINESS LICENSE.
Franchisee shall possess a valid City Business License prior to providing Towing Services under
this Agreement.
10. RESPONSE TIME.
During the term • this Agreement, �Franchisee shall arrive at the site at which the vehicle to be
towed is located within fifteen (15) minutes of a verbal request for service by a member of the
Downey Police Department, or other authorized City personnel. Franchisee shall be available for
requests for service • the i• Police Department • • authorized City personnel, 24
hours per day, 7 days per week, 365 days per year, including holidays and weekends. No
exceptions.
Franchisee's dispatcher shall notify the Downey Police Department Dispatch when it cannot
L
i Vv5il�*Fiited rqs uest for Towing Services, shall state the reason for the
delay, and provide the Downey Police Department Dispatch with an estimated time of arrival.
11. STAFFING.
Franchisee shall maintain at least two (2) qualified • truck drivers to respond to requests for
service
• the r• '• Department • • authorized personnel at all times.
0
Franchisee's tow truck drivers must be sufficiently trained to ensure the safe and propffi
discharge of the responsibilities set forth in this Agreement. To ensure the proper qualificatio
of Franchisee's tow truck drivers, Franchisee agrees to the following terms: i
A. bd�� ftation. Franchisee shall provide the name, date of birth, current photo and
valid California driver's license number of all drivers employed by Franchisee in writing
to the Downey Police Department Field Operations Captain. Franchisee shall notify the
Downey Police Department Field Operations Captain, or his/her designee, in writing o
any new drivers or any change in employment status of a current driver within five (5)
days of their date of hire or change in employment status.
B. Pull Notice Program. Franchisee shall participate in the Employer Pull Notice Program
through the Department of Motor Vehicles. Franchisee shall notify the Downey Police
Department Field Operations Captain, or his/her designee of any Pull Notices received
for any of Franchisee's current drivers.
Welm
Tow truck drivers employed by Franchisee shall be at least 18 years ol
possess the required class driver's license to operate a tow vehicl
Franchisee must have drivers available to operate any and all tow vehicl
specified in this Agreement. All drivers must be sufficiently capable
trained to ensure safe and proper discharge of their Towing Services in
safe and courteous manner.
(2) All tow truck drivers shall comply with the requirements set forth
California Vehicle Code Sections 27700 and 24605. All tow truck drive
shall meet all requirements specified in Sections 2430.5 and 12520 of t
California Vehicle Code.
(3) During the term of this Agreement, Franchisee and/or tow truck drive
shall provide the Downey Police Department Field Operations Captain,•
his/her designee, with information in writing concerning any drivi
citations received by the tow truck driver(s) in the immediate prior thr
(3) years and all information regarding any criminal convictions.
(4) Franchisee's tow truck drivers shall present a neat, clean and profession
appearance. Tow truck drivers shall wear uniform type pants (or sho
during warm weather) and shirts that identify the tow service comp
and their name (first or last).
(5) The Chief of Police, or his/her designee, in his or her sole discretion, in
require that Franchisee's tow truck drivers:
11
(b) Undergo background checks by the California Department of
Motor Vehicles and any other agency deemed appropriate to
determine the safety practices of the tow truck drivers;
(6) Franchisee shall not utilize a tow truck driver to render services pursuant
to this Agreement if any of the following conditions exist:
(a) A tow truck driver who is subject to epilepsy, fainting or loss Of
consciousness by reason of chronic medical condition;
(b) A tow truck driver whose driving record indicates ive
violations of traffic laws involving moving vehicles within two (2)
years preceding the date of the effective date of this Agreement;
(c) A tow truck driver who has furnished false information in any
document submitted to City in connection with this Agreement or
who has omitted to furnish all information requested by City in
connection with this Agreement,*
(d) A tow truck driver who has been convicted of driving while under
the influence of intoxicating liquor or narcotic drugs, or both,
within three (3) years of the effective date of this Agreement; or
(e) A tow truck driver who has been convicted of a felony, any crime
involving moral turpitude, or any crime(s) specified in this
Agreement within two (2) years preceding the effective date of this
Agreement.
(7) Notwithstanding compliance with the foregoing provisions, the City may
prohibit certain tow truck drivers from providing Towing Services to the
City or the Downey Police Department in its sole discretion. Such
directives shall be made by the Chief of Police, or his/her designee, in
writing to Franchisee.
13. COMMUNICATIONS,
Franchisee shall install and maintain radio transmission and reception equipment allowing or
two-way communication with each authorized tow vehicle.
There shall be a Franchisee employee or agent available in person during normal business hours
at Franchisee's office to handle requests for service and release of impounded/stored vehicles.
Normal business hours shall be Monday to Friday, inclusive, from 7:30 a.m. to 7:30 p.m.,
inclusive, except state holidays. Franchisee shall have an attendant on duty after hours to
accommodate the release of vehicles after normal business hours.
0
A tow truck driver shall give to the driver or owner of a vehicle to be stored, impounded or
towed away, a business card, and a receipt with the Franchisee's name, address and phone
number. The Franchisee's information shall be provided to the Downey Police Department in
the event that the driver is unavailable or incapacitated.
A vehicle impounded pursuant to the authority granted by local, state or federal law will be
documented by Downey Police Department personnel. Franchisee shall obtain authorization
from the Downey Police Department before any vehicle ordered towed, stored or impounded by
the Downey Police Department can be released by Franchisee.
16. RELEASE OF VEHICLE Akf*k STORAGE / LMPOUND.
Franchisee shall require proper identification and a Downey Police Department authorized
release form from any person requesting release of a stored or impounded vehicle. If the person
requesting the release of a vehicle does not proper identification and a Downey Police
Department authorized release form, Franchisee shall not release the vehicle, but instead refer
the person to the Downey Police Department for further processing. The final decision for
release of a vehicle shall come from the on -duty Watch Commander, or his/her designee.
Franchisee shall adhere to the decision of the on -duty Watch Commander or his/her designee.
Franchisee further agrees that it will release any stored or impounded vehicle to the person
presenting proper identification and a Downey Police Department authorized release form
within, at a minimum, 45 minutes of presentation by a person of this documentation or upon
receiving written instructions to release a vehicle by the Downey Police Department Watch
Commander, or his/her designee. Franchisee further agrees that all storage or impoun ees
cease to accrue immediately upon presentation of such documentation, regardless of the ultimate
time of release of the stored or impounded vehicle.
bmt3mig, M� MAHMMEMM
No personal property shall be removed from the stored or impounded vehicle without prior
written authorization from the Watch Commander. For purposes of this Agreement "personal
property" means items in the stored or impounded vehicle that are not affixed to the vehicle.
18. FRANCHISEE VEHICLE STORAGE YARD kA"01* STANDARDS.
During the term of this Agreement, Franchisee shall, at a minimum, comply with the following
requirements and standards with respect to its vehicle storage yard facilities:
A. Location of Storagg facilW: During the term of this Agreement, Franchisee's storage
yard facilities and business office must be located within the jurisdictional limits of the City of
Downey. Stored vehicles should be at a single location in the City of Downey. If a secondary
storage location is required by Franchisee, it must also be located within the City of Downey.
The Franchisee's business office and storage yard facilities existing as of the date of this
Agreement shall not be changed to a new location in the City without the prior written consent of
the Chief of Police or his/her designee.
on
b. �8toragp�_Facn, kequifem�: Franchisee shall provide adequate security measures for
the protection of vehicles and property at all storage yard facilities. The Downey Police
Department Field Operations Captain, or his/her designee, shall determine the adequacy of
Franchisee's security measures and may grant additional consideration for state -of -the -art
security measures, including, but not limited to, security Cameras and motion sensors. At a
minimum, all storage facilities shall comply with the following requirements:
(1) All vehicles stored or impounded by Franchisee at the direction of the
Downey Police Department or other authorized City personnel must be
stored in storage yard facilities that are enclosed by a substantial wire
fence or wall enclosures. The storage yard facilities must have locks fo
all gates' doors, or other means of access. Such fence or wall enclosure
shall be not less than six (6) feet in height and shall be provided with no,
less than one gate, door, or other means of access of adequate width and
I
height. The bottom edge of the fence or wall encloi
sure structure shall n
be more than two (2) inches above the finished parking surface of the L
enclosed area.
The top edge of the fence or wall enclosure, including all gates, doors, or
other means of access shall be equipped with not less than two (2) barbe
wires installed in such manner as to discourage access over the top of the
fence or wall enclosure. In cases where wire mesh is attached to the roo
barbed wire will not be required. Wire mesh installation erected inside )I
o
building need not be provided with barbed wire.
All fence or wall enclosures shall be maintained and repaired throughout
the term of this Agreement. Any damage to such fence or wall enclosures
shall be repaired within twenty-four (24) hours to ensure proper protection
for the stored or impounded vehicles.
All storage yard facility structures, including walls or fences, shall meet
the requirements of the City of Downey Municipal Code, and shall be
approved by the Downey Police Department Field Operations Captain, or
his/her designee.
(2) The storage yard facilities shall have capacity to store a minimum of 100
vehicles.
(3) The security measures provided for the storage yard facility sha •e
adequate to preclude theft, vandalism or damage by activity while in
Franchisee's lot. The storage yard facility and lot shall be configured in
such a way that no vehicles shall be left parked or stored on the public
streets at any time.
C. During the term of this Agreement, all storage yard facilities must be available
inspection upon request by the Downey Police Department. 1
a
A. At its sole exr.ense, Franchisee shall secure the following vehicles that conform to the
California Highway PatrW's Classification (CHP Class) for the gross vehicle weight ratings
�Gv*io of a�tru&�chassisl.
'!9V Rama Ibs, CHP Class
10,000 - 19,500 A
19,501- 33,000 B
33,001 — 49,999 C
50,000 or more D
91
(1) A minimum of one (1) flatbed car carriers (Class A or Class is plus
(2) A minimum of three (3) light -medium duty tow trucks, consisting Of,
f
,a) At least two (2) light duty (Class A); plus
(b) At least one (1) medium duty (Class B); plus
(3) Preferably, at least one (1):
(a) Heavy duty (Class Q.- or
(4) Preferably, at least one (1) tow truck that is equipped to lift and carry a disabled
person in a wheel chair.
(5) All trucks must have two-way radio communication equipmeni
B. Franchisee ftirther agrees that all Franchisee's tow vehicles shall have basic equipment
for the towing of vehicles. Basic equipment shall include:
Fire Extinguisher
Broom
Shovel
Reflective Triangles
• Flares
• Trash Can(s) with Absorbent Material
• Office to Truck Radio System
• Winch
C. Motorcycles that are stored, impounded, or towed at the direction of the Downey Police
Department or other authorized City personnel shall be towed by a trailer that is designed to
carry motorcycles or by a flatbed truck in an upright position.
D. Any and all equipment used and maintained by Franchisee must be made available for
ijisp&ction by the Dolice Department upon request. The Downey Police Department may
cbriddatanddin VehictO and eq qimentinspeciions to ensure compliance with this Agreement.
E. All equipment and vehicles to be used during the term of this Agreement shall be
inspected by the California Highway Patrol at least one time per year. All vehicles and
Gj*L%:,�current insr
_�section sticker or satisfactory proof thereof) issued by the
California Highway Patrol prior to its use pursuant to this Agreement.
0
F. Throughout the term of this Agreement, Franchisee shall maintain in good condition al
vehicles, facilities, equipment and material used in the performance of the service required by
this Agreement. I
After being requested to respond to the scene by the Downey Police Department or other
authorized City personnel, Franchisee operator shall:
A. Neither move the vehicle nor attach to any vehicle until instructed to do so by a member
of the Downey Police Department.
B. Shall clean up and remove any and all debris from the accident scene as required by t
Downey Police Department and the California Vehicle Code. I
C * Provide towed vehicle owners, when present at the scene, with a business card or other
information, indicating the name of the Franchisee and address where the vehicle will be
stored, the telephone number and hours of operation.
M
m
I c anging of flat ti , •o •er vehicle malfunctions and
or the h res service to start drained car battery or th
lockout service on City vehicles.
25. ri RANCHISE FEE S.
In order City to recover its actual costs in administering its Towing Service Franchise Program
and to administer this Agreement and for the privilege of being a nonexclusive Franchisee for
sydrip&-ervices.. Franchisee shall paIII Franchise Fees to City which shall be shall
be due and payable as follows:
26. ITS.
M
description of the circumstances surrounding the tow (traffic collision, Department impound
etc.).
B. Franchisee shall maintain these records for A period of five (5) years. Such records shall be
available at all tfiu&� d&iug regWar busintss hom and A411 b,e subject to audit by the City of
Downey or an outside auditing firm contracting with the City. Failure to make available for
audit all gross receipts within two business days shall constitute cause for tenninatioft of this
Agreement by the City.
The Franchisee shall accept payment by a valid bank credit card or cash for towing and storage
charges. The Franchisee shall have sufficient ftinds on the premises to acconimodW 40 inake
chan& in a reasomble monetary transaction. Franchisee shall accept poyincht ftoth the
In
registered owner, legal owner or the agent claiming the vehicle in accordance with California
Vehicle Code section 22651.1.
Franchisee's
• must have a sign posted including the company name, address, phone
number and hours of operation, clearly visible from the roadway. Franchisee shall not display
any signs or adyttti4fig material which indicates that hjs�/fier business is an offitiAl towing
service or r• sok* &0114 • the City • bowney • the MWOCY Police Depdttm�dht-
"MRIGA - 11913ROM
A. Du!y to Inde mdf-y/-fold -Hannless
statutes of limitation or statutes of repose. Under no circumstances shall the insurance
requirements and limits set forth in this Agreement be construed to limit Franchisee's duties to
indemnify, defend or hold harmless pursuant to this Agreement.
30� UABILITY INSIWANM
A. Franchisee shall, at its own cost and expense, maintain policies of insurance affording
protection against third party bodily injury liability and property damage liability occasioned by
reason of the provision towing services, impoundment and storage of vehicles. The minimum
insurance established for the following categories are:
1. General Liability Insurance — Franchisee agrees to maintain a comprehensive general
liability insurance policy with a combined single limit for bodily injury and property damage of
not less than Two Million Dollars ($2,000,000.00).
2. Commercial Business Automobile Liability (as required by Section 16500* 5 California
Vehicle Code) - Bodily injury and property damage with a combined single limit of not less than
Three Two Million Dollars ($2,000,000.00). The policy shall also include owner, non -owner,
and hired auto coverage.
4. Garage Liability — Includes premises and operations. Coverage for bodily injury an(
property damage with a combined single limit of not less than Five Hundred Thousand Dollar!
($5005000.00).
5. Garage Keeper's legal liability insurance coverage with limits of not less than Sh
Hundred Thousand Dollars ($600,000.00) for loss or injury to or destruction of any store(
vehicles as a result of Fire, Theft, Explosion, Riot and Civil Commotion or Vandalism an(
Malicious Mischief.
B. Franchisee shall obtain and maintain at all times in full force and effect during the term 0.
this Agreement all insurance policies and coverage listed above, which shall not be cance e(
prior to the termination of this Agreement.. The insurance provided under this Section shal
include an endorsement page(s) naming "the City of Downey, its elected and appointed officials
officers , employees, agents, and volunteers as additional insured. Franchisee agrees to deliver c
copy of all insurance policies, endorsements, and certificates to the Downey Police Department
which are subject to the approval of the City Attorney as to form, prior to the commencement o
the Towing Services.
C. Franchisee agrees that its insurance shall be primary insurance with respect to any claims
losses, or liability arising from the provision of towing services by Franchisee pursuant to
Agreement, and that the insurance carried by the City of Downey shall be excess and no
contributory with the insurance provided by Franchisee. Franchisee further agrees to provide ai
endorsement to its insurance policies with such language.
D. Franchisee agrees to notify City in writing at least thirty (30) days prior to any cance at on o
reduction in coverage in Franchisee's insurance coverage for any insurance providing coverag
M
for the services relating to this Agreement. Franchisee ftirther agrees that it will provide the City
with prompt and timely notice of any claim made •, suit • arising • • any way
• to the provision • towing services pursuant to this • Defense coverage must be
in addition to f• limits. If umbrella coverage is used, it must include drop down coverage if
underlying coverage ••c not apply, and the umbrella f• must have the same starting and
ending •.: as the primary f•
E. Franchisee shall have the • right to select its insurance carrier(s), provided such carrier
lawfully transacts business in the State of •; • all insurance required by this
• must be issued • companies • to do business in California, with an A.M.
R-Mik rating,
• ANII •,: bf uirements are waived by the City Attorney • the
City
• to unique circumstances. In the event the City Attorney • that the work •
services
• be performed •- this • creates an increased or decreased risk • • to
the City, Franchisee agrees that the minimum limits
• any insurance f• and/or
performance bond required by this Agreement may be changed accordingly upon receipt •
written notice from the City Attorney; provided that Franchisee will have the right to .r• a
determination of increased coverage by the City Attorney to the City Council •' the City within
ten (10) days • receipt :• notice from the City Attorney.
F. Franchisee shall not perform any services pursuant to this Agreement unless and until all
insurance policies and coverage set forth herein are obtained and copies of said policies,
endorsements and certificates are provided to the City in accordance with the provisions
specified above.
Franchisee's employees shall be covered by Worker's Compensation Insurance in an amount an
form to meet all applicable requirements of the Labor Code of the State of California, and any
other insurance requirements that may be required under federal, state, and/or local law.
32. ASSIgN-MEIN-r.
dolws(�41101- 0 e OL
sale agreement or other document evidencing disposal of the tow truck business shall be
submitted to the Downey Police Department at least one hundred twenty (120) calendar days
before the requested effective transfer or assignment date. The City shall investigate the
me
33. RISK OF DAMAGE.
Franchisee assumes all risk in the event of damage, theft, fire of the vehicles or any property
towed and stored by Franchisee, its employees or agents. Any and all claims, demands or
liability arising out of or encountered in connection with this Agreement shall be bome by
Franchisee.
The Field Operations Captain, or his/her designee, shall conduct meetings to discuss issues of
concern with respect to performance by Franchisee under the Agreement. These meetings shall
be mandatory for the operator, or his/her designee. The Downey Police Department shall give
the operator five (5) days advance written notice of these meetings.
35. DISCIPLINARY PROCEDURES.
A. Compliance with Agreement
Franchisee agrees that failure to comply with the terms and conditions of this Agreement shall be
cause for either a WRITTEN WARNING, SUSPENSION OR TERMINATION OF THE
AGREEMENT, as set forth in this Section.
17
The Field Operations Captain shall use the following guidelines for action against Franchisee if
Franchise is found in violation of this Agreement. This is only a guide, with the Field
Operations Captain having discretion for serious violations of the Agreement, such as criminal
offenses.
Is' Violation within 12 consecutive months
WRITTEN WARNIN
sec m
Ad,kk9*aksx--.-kviithin 12 con utive onths
WRITTEN WARNING
3 rd Violation within 12 consecutive months
30 day SUSPENSION
4 th Violation within 12 consecutive months
60 day SUSPENSION
M
constitute a danger to the public health, safety or welfare or constitutes a gross violation of the
terms and conditions of this Agreement.
The Downey Police Department shall be authorized to receive written complaints from citizens
regarding Franchisee, and/or Franchisee's principals, officers, employees and agents pertaining
to alleged violations of this Agreement and/or Federal, State or local laws. Any such complaint
may be investigated by the Downey Police Department and may form the basis for disciplinary
action as set forth in this Section or termination of this Agreement.
UMNIH P"LORKU
A. Termination without Cause.
g 30 days'
written notice to the other party. Upon receipt of the notice of termination from the City,
Franchisee must immediately cease all work or services except as may be specifically approved
by the City. Franchisee will be entitled to compensation for all services rendered prior to e
iif�ciiveh&s�s of the notice of termination and for additional services specifically authorized by
the City. The City will be entitled to reimbursement for any expenses that have been paid for but
not rendered.
B. Termination for Cause.
in the event Franchisee, or any Of its officers, directors, shareholders, employees, agents,
subsidiaries, or affiliates is convicted; (i) of a criminal offense as an incident to obtaining or
attempting to obtain a public or private contract or subcontract, or in the performance of a
contract or subcontract; (ii) under state or federal statutes of embezzlement, theft, forgery,
bribery, falsification or destruction of records, receiving stolen property, or any other offense
indicating a lack of business integrity or business honesty which currently, seriously, and directly
affects responsibility as a public consultant or contractor; (iii) under state or federal antitrust
statutes arising out of the submission of bids or proposals; or (iv) of violation of the conflict of
interest provision of this Agreement, or for any other cause the City determines to be so serious
and compelling as to affect Franchisee's responsibility as a public contractor, including but not
limited to, disbarment by another governmental agency, then the City reserves the unilateral right
toterminate this Agreement upon providing Franchisee with ten (10) days' written notice of
termination, or to impose such other sanctions (which may include financial sanctions, temporary
suspensions ' or any other condition deemed appropriate short of termination) as it deems proper.
In the event that the City terminates the Agreement for cause, Franchisee shall be entitled to the
hearing and appeal rights applicable to disciplinary procedures above. However, termination for
cause pursuant to this paragraph shall be effective upon expiration of the ten (10) days'
notification period set forth above.
37. 147ORCE MAJEURE.
If any party fails to perform its obligations because of strikes, lockouts, labor disputes'
- ts of God. inability to obtain labor or materials or reasonable substitutes for labor
III
or materials, governmental restrict ons, goverm-nental regulations, governmental controls,
judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or
other causes beyond the reasonable control of the party obligated to perform, then that party's
performance will be excused for a period equal to the period of such cause for failure to perform.
38. CONFLICT OF INTEREST.
A *No officer or employee of the City may have any financial interest, direct or indirect, in this
Agreement, nor may any officer or employee participate in any decision relating to the
_,�Jp;7AMTA =--1MMW%M7. interest or the financial interest of PW
corporation, partnership or association in which the officer or employee is, directly or indirectly
interested, in violation of any law, rule or regulation.
B. No person may offer, give, or agree to give any officer or employee or nner officer or
employee of the City, nor may any officer or employee of the City solicit, demand, accept, or
agree to accept from another person, a gratuity or an offer of employment in connection with any
decision, approval, disapproval, recommendation, preparation or any part of a program
requirement or a purchase request, influencing the content of any specification or procurement
standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any
way pertaining to any program requirement, contract or subcontract, or to any solicitation or
proposal.
mm,
Any notice required to be given under this Agreement shall be given by placing such notice in
the United States mail, postage prepaid, addressed as follows:
Franchisee: City:
United Towing Service, Inc. Downey Police Department
Attn: Gene Frank Moore Attn: Chief of Police
11530 Ryerson Avenue 10911 Brookshire Avenue
DowneL, CA 90241 (fax 562-927-9941 -Downey, CA 9�0241
City Attorney for the City:
City Attorney for City of Downey
Attn: Yvette M. Abich Garcia
11111 Brookshire Avenue
Downey, CA 90241 (fax) 562-923-6388
or to such other address as may be indicated by notice in writing. Such notice shall be deemed
made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S.
mail, first-class postage prepaid and'addressed to the party at its applicable address.
go]
AOL AM(qgq)L�ENTER AgREEMENNTL.
The City and Franchisee warrant that the individuals who have signed this Agreement have the
legal power, right and authority to enter into this Agreement so as to bind each respective party
to perform the conditions contemplated herein.
• sMRAUMITY�
If any portion of this Agreement is declared by a court of competent jurisdiction to be •. •
unenforceable, the remaining provisions of this Agreement shall continue in full force and effect.
if any legal action or other proceeding is brought for the enforcement of this Agreement or
because of an alleged dispute, breach, default, • misrepresentation in connection with any
provisions of this Agreement, the prevailing party, as determined by the court, shall be entitled to
• reasonable •' fees and •' costs incurred in that action • proceeding, in
addition to any other relief to which it may be entitled.
41 ��ZNING LAW ANI� YtN!!)L
This Agreement shall be construed in accordance with and governed by the laws of the State of
California. Any lawsuit brought to enforce this Agreement shall be brought in the appropriate
court in Los Angeles County, State of •
HUMM M
No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any
other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No
waiver shall be deemed a waiver and no waiver shall be binding unless executed in writing by
the party making the waiver.
45. DAYS.
Any term in this Agreement referencing time, days, or period for performance shall be deemed to
be calendar days and not work days.
46. ENTIRE AGREEMENT.
This Agreement contains the entire agreement • the City and Franchisee and supersedes any
prior • • written statements • agreements between the City and Franchisee. No i• ement,
modification, • amendment • this Agreement shall be binding unless executed in writing by
r• the City and Franchisee. Franchisee represents that it has conducted all • diligence and
investigation prior to entering into this Agreement, and has not relied f• any representations
that are not set •, herein as an inducement to enter into this Agreement.
M
Each and all of the terms, covenants and conditions of this Agreement shall be binding on and
shall inure to the benefit of the successors and assigns of the City and Franchisee.
EUMMM, W
The captions of the various sections, articles and/or paragraphs of this Agreement are for the
convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
content, or intent of this Agreement or of any part or parts of this Agreement.
In all cases, the language in all parts of this Agreement shall be construed simply, according to
its fair meaning and not strictly for or against any party, it being agreed that the City and
Franchisee or their respective agents have all participated in the preparation of this Agreement.
Agreement anct, in connection werewitti, snall
sign any such additional documents; as may be necessary, appropriate and convenient as related
Jr
w
IN WITNESS WHEREOF, the City and Franchisee have caused this Agreement to be
executed by their respective officers hereunto duly authorize .
Fffll� �1-11 *14
By:
Sean Ashton, Mayor
Dated:
Maria Alicia Duarte, CMC, City Clerk
of
M.
• Garcia
ME=
1009001111 • '.. U41slaw
By:
Timothy Moore, President
go
Dated: `7-3- 16
Carl D. Charles
Chief of Police