2023_Towing_RFA_Final_122722_ARR_(1).pdf

NON-EXCLUSIVE POLICE TOWING FRANCHISES

OR PROPOOR PROP

REQUEST FOR APPLICATIONS

FOR THE

Pasadena Police Department

NOTICE REGARDING DISCLOSURE

OF

CONTENTS OF DOCUMENT

All responses to this Request for Applications (RFA) accepted by the City of Pasadena (City) shall become the exclusive property of the City. At such time as the City Manager recommends an applicant to the City Council, and such recommendation, with any recommended franchise appears on the Council agenda, all applications accepted by the City shall become a matter of public record and shall be regarded as public, with the exception of those elements of each application which are defined by the contractor as business or trade secrets and plainly marked as "Trade Secret", "Confidential" or "Proprietary". Each element of an application which an applicant desires not to be considered a disclosable public record must be clearly marked as set forth above, and any blanket statement (i.e. regarding entire pages, documents or other non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If disclosure is required or permitted under the California Public Records Act or otherwise by law, the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof.

Table of Contents

1. REQUEST FOR APPLICATIONS

2. DEADLINE FOR SUBMISSIONS

3. DEADLINE FOR RFA QUESTIONS

3.1 PRE-APPLICATION MEETING

4. DEFINITIONS

5. ADDENDA

6. BACKGROUND

6.1 CITY OF PASADENA

7. OBJECTIVE

8. SCOPE OF WORK

8.1 OVERVIEW

8.2 REQUIREMENTS

9. LOCATION

10. DURATION AND SERVICE DATES

11. EVALUATION PROCEDURES AND CRITERIA

12. CONTENTS OF APPLICATION

13. GENERAL REQUIREMENTS

13.1 PASADENA LIVING WAGE ORDINANCE

13.2 CERTIFICATE OF INSURANCE

13.3 STANDARD TERMS AND CONDITIONS FOR FRANCHISE AGREEMENT

13.4 EQUAL OPPORTUNITY CONTRACTING

13.5 PROOF OF AUTHORITY

13.6 WITHDRAWAL OF APPLICATION

13.7 FIRM COMMITMENT OF AVAILABILITY OF SERVICE

13.8 RESERVATIONS

13.9 DECLARATION OF NON-COLLUSION

13.10 DOCUMENTS TO BE CONSTRUED TOGETHER

13.11 ERRORS AND OMISSIONS

13.12 RFA NOT CONTRACTUAL

13.13 PATENT FEES; PATENT, COPYRIGHT, TRADE SECRET AND TRADEMARK FEES

13.14 TAXES

13.15 TAXPAYER PROTECTION AMENDMENT

13.16 PUBLIC CONTRACT CODE SEC. 9204 NEW PUBLIC WORKS CLAIMS PROCEDURE

14. APPLICANT’S CHECKLIST

15. ATTACHMENTS

15.0 VENDOR QUESTIONNAIRE (FORM AA-1)

15.1 PROJECT WORKFORCE UTILIZATION (FORM AA-2)

15.2 CURRENT PERMANENT WORKFORCE UTILIZATION (FORM AA-3)

15.3 NON-COLLUSION DECLARATION TO BE EXECUTED BY APPLICANT AND SUBMITTIED WITH APPLICANT

15.4 CITY OF PASADENA INSUARNCE REQUIREMENTS

15.5 PUBLIC CONTRACT CODE SEC. 9204 NEW PUBLIC WORKS CLAIMS PROCEDURE

15.6 FEDERAL TERMS AND CONDITIONS

15.7 TAXPAYER PROTECTION ACT

City of Pasadena

REQUEST FOR APPLICATIONS

FOR

1. REQUEST FOR APPLICATIONS

The City of Pasadena (“City”) is seeking applications for a non-exclusive franchise for vehicle towing and impound services.

2. DEADLINE FOR SUBMISSIONS

Parties interested in responding are asked to submit one (1) original hard copy (marked “Original”) and two (2) hard copies of the application in a sealed envelope or package no later than 4:00 PM on 1/20/2023, to:

Attention: Pasadena Police Department

NON-EXCLUSIVE POLICE TOWING FRANCHISES

207 N. Garfield Avenue Pasadena, CA 91101

Lieutenant Anthony Russo

The Application shall be clearly titled:

Pasadena Police Department

All Applications shall be enclosed in sealed envelopes, distinctly marked “RFA” with the title of the RFA and the Applicant’s name and address appearing on the outside.

Applications received after the Application Deadline may not be accepted by the City.

3. DEADLINE FOR RFA QUESTIONS

The deadline to submit questions related to this RFA is 1/20/2023.

Questions regarding this Request for Applications should be directed only to the person(s) designated below. Do not contact any other City employee or official regarding this RFA.

Questions shall be in written format and be submitted ONLY via e-mail

• General and/or technical questions:

Anthony Russo, Lieutenant, Pasadena Police Department – Traffic Section Phone: 626-744-7159 Email: arusso@cityofpasadena.net

Any questions submitted after the date and time specified will not be considered.

3.1 Pre-application Meeting

A pre-application meeting will not be held.

4. DEFINITIONS

The words (A) "City", (B) "Department", (C) "Director", or (D) "Franchisee", as used in this RFA, shall be understood to refer respectively to (A) the City of Pasadena, California; (B) the several departments therein; (C) the directors of the several City departments; or any of their properly authorized assistants; and ( D) the person, firm or corporation with whom the franchise is made by said City or the agent or legal representative who may be appointed to represent such person, firm or corporation in the signing and performance of said franchise.

5. ADDENDA

If any person contemplating submitting an application of the items or services listed herein is in doubt as to the true meaning of any part of this Request for Applications, he/she may submit to the City representative(s) identified in Section 3, above, a written request for an interpretation or correction thereof.

Any interpretation or correction of City specifications will be made only by addendum, duly issued by the City representative(s) identified in Section 3, above. Addenda shall be made available to each Applicant. An applicant’s failure to address the requirements of the addenda may result in the application not being considered. If the City determines that a time extension is required for the application, the addenda will give the new submission date. The Applicant is responsible to register with “PLANET BIDS” at www.cityofpasadena.net to insure they receive all RFA documents including addendums which are available as a download.

The City reserves the right to change any part of these instructions to Applicants and specifications any time prior to Deadline for Submissions. Any changes shall be in the form of addenda and will become a part of the Application documents and of the franchise agreement.

mailto:arusso@cityofpasadena.net http://www.cityofpasadena.net/

6. BACKGROUND

6.1 City of Pasadena

Pasadena is an ethnically diverse community that is home to approximately 141,510 people making it the 220th-largest city in the United States. Pasadena is the 9th-largest city in Los Angeles County. It is one of the primary cultural centers of the San Gabriel Valley. The City covers approximately 22.5 square miles, with an average of ten residents per acre. The median age of its residents is approximately 39 years. There are over 100,000 jobs in a wide variety of industries in the City of Pasadena.

7. OBJECTIVE

The City of Pasadena (“City”) is requesting applications for non-exclusive franchises for vehicle towing and impound services as directed by the Pasadena Police Department and the Department of Transportation.

8. SCOPE OF WORK

8.1 OVERVIEW

The City of Pasadena is seeking the services of a qualified applicants to provide impound, towing, street sweeps, and storage services to the City, as directed by the Police Department. In addition, franchisee(s) must make available through standby or other arrangements towing, recovery, and storage services for vehicles with up to 100,000 pounds in gross vehicle weight, and be able to tow vehicles from within all City-owned and/or operated parking structures.

8.2 REQUIREMENTS

At a minimum the proposed solution must address the following requirements:

Franchisee(s) must provide the necessary trained personnel, tow trucks and storage facilities within 4 miles of the Pasadena city limits to minimize any hardship on residents of Pasadena when a vehicle is recovered, if necessary, and/or removed after a collision.

More specifically, the Franchisee(s) must be able to tow and store vehicles impounded by the police, and by the DOT, at a secure location within 4 miles of the Pasadena city limits until there is a final disposition and release of the vehicle. Franchisee must be able to clean up and dispose of debris at the scene of a collision at which any vehicle to be towed hereunder was involved in conjunction with and at the direction of the Pasadena Police and Fire Departments.

Please refer to the “ATTACHMENT” portion of this document for the Operations Manual for franchisee(s) that must be adhered to while participating in the City of Pasadena towing franchise system.

Also found in the “ATTACHMENT” portion of this document are the required application forms and a reference copy of Chapter 10.46 of the Pasadena Municipal Code which governs the non-exclusive police franchise towing system.

http://en.wikipedia.org/wiki/List_of_United_States_cities_by_population http://en.wikipedia.org/wiki/Los_Angeles_County http://en.wikipedia.org/wiki/San_Gabriel_Valley http://en.wikipedia.org/wiki/San_Gabriel_Valley

9. LOCATION

The services provided by franchisees are Citywide.

10. DURATION AND SERVICE DATES

The term of any non-exclusive police towing franchise shall be for one year with annual renewal options of up to four additional one-year terms, unless earlier terminated, pursuant to Chapter 10.46 of the Pasadena Municipal Code.

11. EVALUATION PROCEDURES AND CRITERIA

Evaluation of applications will be governed by the procedures of Chapter 10.46 of the Pasadena Municipal Code. In brief, upon receiving applications, the Chief of Police will present the applications at a regular meeting of the City Council, the City Council will adopt a resolution giving notice of the application and setting a public hearing on the applications for a franchise, and the City Council may grant or deny the application(s) upon conclusion of the public hearing.

Applications must follow the format set forth in the City’s Request for Applications and in order to be awarded a franchise must comply with all requirements set forth therein.

Copies of the Request for Applications may be obtained by mail or in person from the City of Pasadena, Police Department Office – Contact Anthony Russo, Lieutenant, Traffic Section Pasadena Police Department (626) 744-7159.

12. CONTENTS OF APPLICATION

The response to this RFA must be made according to the requirements set forth in this Article, both for content and for sequence. Noncompliance with these requirements or the inclusion of conditions, limitations, or misrepresentations, may be cause for rejection of the application.

Refer to the Request for Applications for complete details and requirements.

13. GENERAL REQUIREMENTS

13.1 Pasadena Living Wage Ordinance

This project is subject to the City of Pasadena's Living Wage Ordinance, Pasadena Municipal Code Chapter 4.11. The ordinance requires that contractors providing labor or services to the City under contracts in excess of $25,000 pay no less than the City’s Living Wage to all employees who spend any of their time providing labor or delivering services to the City.

The selected franchisee will be required to evidence compliance with the Living Wage Ordinance by submitting payroll records as requested by the City. Each record shall include the full name of each employee performing labor or providing services under the contract; job classification; rate of pay and benefit rate.

Failure to comply with the provisions of the Pasadena Living Wage Ordinance is grounds for termination of the contract and a basis for penalties as stated in Pasadena Municipal Code Chapter 4.11. Please visit https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/ for the current calendar year Pasadena Living Wage rate.

13.2 Certificate of insurance

Proof of insurance is not required to be submitted with your application, but will be required prior to the City's award of the franchise. A copy of the City standard insurance requirements, which may be amended from time to time, has been attached herein.

13.3 Standard terms and conditions for franchise agreement

Prior to the award of any franchise hereunder, the City shall enter into a franchise agreement with the successful franchisee(s). Applicants are strongly advised to review all the terms and conditions of the franchise agreement.

13.4 Equal opportunity contracting policy

The City of Pasadena is committed to a policy of Equal Opportunity Contracting. Qualified firms including small businesses and businesses owned by women, minorities, and disabled persons are encouraged to submit applications. Franchisees expressly agree to comply with the City's ordinances and regulations regarding Equal Opportunity Employment as well as regulations that may be mandated by the source of the funds supporting this franchise.

Compliance – To the extent permitted by law, franchisee expressly agrees to establish compliance with the Equal Employment Opportunity Practices Provisions of Chapter 4.08 of the Pasadena Municipal Code, and the Rules and Regulations adopted pursuant to said ordinance.

The successful applicants may be required to submit documentation during the term of the franchise to evidence on-going compliance with the Equal Employment Opportunity Practices.

13.5 Proof of authority

If the applicant is a corporation, formal proof of the authority of the officer signing the application to bind the corporation must be submitted with said application. A copy of the corporate resolution or minutes can be adequate proof. A simple letter is not sufficient.

13.6 Withdrawal of application

Any applicant may withdraw its application, by written request at any time prior to the time set for the opening of applications.

13.7 Firm commitment of availability of service

Once an application is opened by the City, an applicant is expected to maintain an availability of service as set forth in its application for at least four months after date for opening applications.

https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/ https://ww5.cityofpasadena.net/finance/doing-business-with-the-city/

13.8 Reservations

The City reserves the right to reject any or all applications and any item or items therein, and to waive any non-conformity of applications with this RFA, whether of a technical or substantive nature, as the interest of the City may require.

13.9 Declaration of non-collusion

Each applicant shall submit a single copy of the Declaration of Non-collusion included herein.

13.10 Documents to be construed together

The Request for Applications, the Application, the Non-Collusion Affidavit, and all documents referred to in the complete RFA and the franchise agreement to be entered into between the franchisee and the City, and all modifications of said documents, shall be construed together as one document.

13.11 Errors and omissions

Applicant and/or the Franchisee shall not be allowed to take advantage of any errors in or omissions from in the Request for Applications. Full instructions will be given if such error or omission is discovered and timely called to the attention of the City.

13.12 RFA not contractual

Nothing contained in this Request for Applications shall create any contractual relationship between the applicant and the City. The City accepts no financial responsibility for costs incurred by any applicant regarding this RFA.

13.13 Patent fees; patent, copyright, trade secret and trademark fees Each applicant shall include in the price bid any patent fees, royalties and charges on any patented article or process to be furnished or used in the prosecution of the Work.

13.14 Taxes

Price bid shall include all federal, state, local and other taxes.

13.15 Taxpayer protection amendment

Under the provisions of the City of Pasadena Taxpayer Protection Amendment ("Taxpayer Protection Act"), the applicant/franchisee will be considered a "recipient of a public benefit." The full provisions of the Taxpayer Protection Act are set forth in Pasadena City Charter, Article XVII. Under the Taxpayer Protection Act, City public officials who approve this Contract are prohibited from receiving gifts, campaign contributions or employment from Contractor for a specified time. This prohibition extends to individuals and entities that are specified and identified in the Taxpayer Protection Act and includes Contractor/Organization and its trustees, directors, partners, corporate officers and those with more than a 10% equity, participation, or revenue interest in Contractor/Organization.

Contractor/Organization understands and agrees that: (A) Contractor/Organization is aware of the Taxpayer Protection Act; (B) Contractor/Organization will complete and return the forms provided by the City in order to identify all of the recipients of a public benefit specified in the Taxpayer Protection Act; and (C) Contractor/Organization will not make any prohibited gift, campaign contribution or offer of employment to any public official who approved this Contract.

13.16 PUBLIC CONTRACT CODE SEC. 9204 NEW PUBLIC WORKS CLAIMS PROCEDURE

Observe attached details regarding Public Contract Code Section 9204. AB 626, approved by the Governor on September 29, 2016, created a new Public Contract Code Section 9204, which specifies new procedural requirements for claims submitted by a contractor on any public works project. These new requirements contain burdens for both private contractors and public entities and are specifically made applicable to charter cities.

14. APPLICANT’S CHECKLIST

TO THE APPLICANT:

The following list is provided for the convenience of both you and the City and to help eliminate errors and omissions which may render your application unacceptable. Please check all appropriate boxes and submit with your application (Refer to page 20).

APPLICATION (Signed by Applicant)

PROOF OF INSURANCE

LIVING WAGE COMPLIANCE FORM

NON-COLLUSION DECLARATION

LISTS OF VEHICLES AND PERSONNEL

DECLARATION OF NON-COLLUSION (Signed by Applicant)

VENDOR QUESTIONNAIRE (forms AA1; AA2; and AA3 signed by Applicant)

W9 – TAX PAYER IDENTIFICATION NUMBER AND CERTIFICATION

TAX PAYER PROTECTION ACT

APPLICATIONS are to be signed and submitted in TRIPLICATE. APPLICANT must submit an ORIGINAL AND TWO COPIES.

All APPLICATIONS shall be submitted as indicated in the section named “Deadline for Submission.”

Mail sufficiently early or deliver in person before the time and day listed in the Request for Applications. Applications must be received in the Department’s Office before that time.

ADDITIONAL REQUIREMENT

As this RFA will require City Council approval, the following requirement applies:

TAX PAYER PROTECTION ACT – APPLICANT SUBMITS A COPY OF THE

COMPLETED TPA FORM TO THE CITY CLERK’S OFFICE

E-MAIL: OfficialRecords-CityClerk@Cityofpasadena.net

FAX: (626) 744-3921

mailto:OfficialRecords-CityClerk@Cityofpasadena.net

15. ATTACHMENTS

CITY OF PASADENA TOWING FRANCHISE SYSTEM OPERATIONS MANUAL

APPLICATION FOR NON-EXCLUSIVE POLICE TOWING FRANCHISE SYSTEM

PASADENA MUNICIPLE CODE 10.46

15.0 VENDOR QUESTIONNAIRE (FORM AA-1)

15.1 PROJECT WORKFORCE UTILIZATION (FORM AA-2)

15.2 CURRENT PERMANENT WORKFORCE UTILIZATION (FORM AA-3)

15.3 NON-COLLUSION DECLARATION TO BE EXECUTED BY APPLICANT AND SUBMITTIED WITH APPLICANT .. 32

15.4 CITY OF PASADENA INSUARNCE REQUIREMENTS

15.5 PUBLIC CONTRACT CODE SEC. 9204 NEW PUBLIC WORKS CLAIMS PROCEDURE

15.6 FEDERAL TERMS AND CONDITIONS

15.7 TAXPAYER PROTECTION ACT

Sample Franchise Agreement………………………………………………………………….…….44

CITY OF PASADENA TOWING FRANCHISE SYSTEM

OPERATIONS MANUAL

RESPONSE TIME REQUIREMENT: Response time shall not exceed 20 minutes for police or Department of Transportation (DOT) impounds. In the event Franchisee cannot respond within the applicable time frame, Franchisee shall immediately notify the Police and/or DOT dispatcher and provide an estimated time of arrival. At the discretion of the Police/DOT dispatcher, the Franchisee may be pre-empted and the tow forwarded to another Franchisee.

Franchisee must provide a dispatcher available onsite at the tow facility place of business at all times for the immediate dispatching of towing equipment. Franchisee's place of business must be open from 0700 to 2100 hours Monday through Friday. Alternate hours, as directed by the City, must also be available in order to accommodate special City events such as New Year’s Day activities and Rose Bowl events.

During City designated Red Flag events, Franchisee must be available with adequate numbers of tow vehicles to assist DOT with removal of vehicles from designated areas within city limits.

Red Flag Days are declared by the National Weather Service when:

1) Relative Humidity is 15 percent or less with either sustained winds of 25 mph or greater or frequent gusts of 35 mph or greater for a duration of 6 hours or more;

2) Relative Humidity is 10 percent or less for a duration of 10 hours or more; or,

3) Widespread and/or significant dry lightning. The Fire Chief may also declare a Red Flag Day in response to an extreme hazard.

Repeated failure to answer phone calls from the Police/DOT Dispatcher or repeated refusal of service, regardless of the time of day will be deemed unacceptable service, and may be cause for termination of the award of the franchise.

COMPLAINTS: All complaints by vehicle owners shall be directed to the Franchisee.

Franchisee shall record all complaints received by mail, by telephone or in person (including date, name, address of complainant and nature of complaint). Franchisee agrees to use its best efforts to resolve all complaints by close of business of the second business day following the date on which such complaint is received. The City of Pasadena may investigate service complaints.

A vehicle owner dissatisfied with the Franchisee’s decision regarding a complaint may ask the City of Pasadena to review the complaint. To obtain this review, the vehicle owner must request City of Pasadena review through the police department or DOT within 30 days of receipt of the Franchisee’s response to the complaint or within 45 days of submitting the complaint to the Franchisee or if the Franchisee has failed to respond to the complaint. The City of Pasadena may extend the time to request its review for good cause.

Before reviewing the complaint, the City of Pasadena shall refer it to the Franchisee. If the Franchisee fails to cure the complaint within ten (10) days, the appropriate City department shall review the vehicle owner’s complaint and determine if further action is warranted. The applicable department may request written statements from the Franchisee and vehicle owner, and/or oral presentations.

The City of Pasadena shall determine if the vehicle owner’s complaint is justified, and if so, what remedy, if any, shall be imposed. The remedy under this Section shall be limited to a rebate of vehicle owner charges related to the period of breach of any of the terms of this application or actual damages. Decisions will be final only upon review and authorization of the applicable department chief/director or their respective designee.

Franchisee shall keep a separate log detailing complaints against Franchisee by vehicle owners under this request for applications. This log shall include the date the complaint was received, the identity of the complaining party, the nature of the complaint and the action taken to resolve the complaint. This log shall be maintained and available for inspection by the City consistent with the terms of paragraph 5 of this request for applications. The failure of the Franchisee to maintain this log or allow access to this log by the City shall be considered a material breach of this request for applications and grounds for termination of any resulting agreement(s).

Chronic complaints may result in a termination of Franchise agreements.

FRANCHISE FEE: The franchise fee is presently $22,500 per franchisee. Franchise fees shall be payable quarterly in accordance with section 10.46.160 of the Pasadena Municipal Code. This fee was established by the City Council via resolution on August 27, 2018.

An applicant may withdraw its bid without penalty prior to the award of the franchise. No refunds of paid franchise fees will be made if the applicant withdraws after the award of the franchise. Notice of such withdrawal shall be provided in writing within 72 hours of notification of award.

RECORD KEEPING AND REPORTING: The Franchisee shall keep written records of the following, and make them available for inspection by the City:

• Calls for service from the Police Department/DOT, including, date and time received, time dispatched, location, equipment sent, time of arrival, and disposition of towed vehicle.

• A file of all impound reports shall be maintained in a systematic fashion. The tow driver will be provided with a copy of the impound report on all impounds.

On the first business day of each week, the Franchisee shall provide the Police Department/DOT with a list of vehicles that have been impounded by the police/DOT and which have been in the Franchisee's possession for more than 10 days excluding 30 day impounds.

The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Franchisee’s records to the extent the City deems necessary to insure compliance with the franchise requirements.

Franchisee shall maintain and preserve all such records for a period of at least 3 years after termination of the Franchise Agreement.

Franchisee shall maintain all such records in the City of Pasadena or otherwise, and upon request, submit the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Pasadena, including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead.

UNIFORMS: Tow truck drivers shall wear uniforms appropriate for the industry. The Franchisee’s company name and the name of the driver shall be plainly visible on the driver's outermost garment. Shirts shall be tucked in, and in good condition.

TOW TRUCKS: Franchisee's tow trucks shall comply with California Vehicle Code (CVC) sections 27700 and 27907 specifically, and all other CVC sections in general. Tow trucks shall be operated and vehicles shall be towed in compliance with the CVC, including, but not limited to, CVC 24605.

Franchisee shall maintain at least three flatbed tow trucks for removal of exotic vehicles, extremely damaged vehicles, or other peculiar tow requirements. All tow trucks must have an operable winch, containing at least 150 feet of 3/8” inch cable. For DOT impounds, each Franchisee shall provide two tow trucks for the removal of vehicles from time restricted travel lanes. A minimum of five trucks should be available to assist in the travel lanes Monday-Friday 3-7pm. Three of the tow trucks must be flat beds. The flat beds assist by clearing multiple vehicles at once and thereby clearing the lanes at a faster pace.

In addition to the specific requirements of the CVC, Franchisee's tow trucks shall also carry the following equipment, maintained in good working order:

• A dolly capable of carrying one axle of a motor vehicle (no dolly is required for flatbed tow trucks)

• Flashlight or other portable light source

• State approved air tank, with hose, pressure gauge, and schrader valve air chuck

• Floor jack, minimum two ton capacity

• Lug wrench(es) for all popular lug nut sizes, foreign and domestic

• 5-gallon gasoline container

• 5-gallon water container

• 5-gallon can filled with clean sand or other appropriate absorbent material

• Empty 5-gallon can for removal of debris

• Booster battery and cables (cables only required for tow trucks wired for extension booster cables)

• Pry bar, minimum 4 feet in length

• 3 reflectors, as described in CVC 25300, or twelve 30-minute fuses

Franchisee's trucks shall be painted, free of major dents, and kept clean and in good working order. The cab interior shall be clean and equipped with a reading lamp and writing implements.

An official Police garage insignia may be required at the discretion of the Chief of Police.

In that case, it will be provided by the City along with instructions pertaining to its display.

INSPECTION OF EQUIPMENT AND FACILITIES: Franchisee's facilities, tow trucks and equipment, shall be inspected and approved by the City prior to the granting of a Franchise. In addition, all facilities, tow trucks and equipment are subject to inspection by the City at any time. The City will undertake best efforts to ensure that such inspection does not interfere with the Franchisee’s operations.

RADIO COMMUNICATION: The Franchisee's dispatch office must maintain a radio capable of monitoring Police/DOT calls on the two primary police/DOT frequencies.

Franchisee's tow trucks shall be equipped with two-way radios capable of communicating with the Police Department/DOT on the two primary police/DOT frequencies. Radios shall be of a type approved by the City. The purchase and installation of radios is the sole responsibility of the Franchisee. The City shall provide radio-programming information at no cost to the Franchisee.

STORAGE LOTS: Franchisee shall maintain storage lots sufficient to perform the services described herein. At a minimum, Franchisee shall maintain a storage lot or lots having an aggregate area of 20,000 square feet within 4 miles of the Pasadena city limits to minimize any hardship on residents of Pasadena. Storage lots, or the primary storage lot if more than one lot is used, shall be adjacent to, or shall contain office facilities. The office shall contain a waiting area, be neat in appearance, painted and clean. The office or storage lot must provide a restroom available for use by vehicle owners.

Storage lots shall be paved, and shall be free of potholes, decomposed or broken pavement. Lots shall be maintained in a clean condition, and shall be free of litter, debris, and weeds.

Storage lots shall be fenced for maximum security and lighted during hours of darkness.

Lots shall be inaccessible from adjoining businesses or structures. Fencing shall be in accordance with City of Pasadena building and zoning codes. Outdoor areas used for storage shall be enclosed with a solid wall or substantial opaque wire fence at least six feet in height, having a gate or door of adequate width and height. Such gate or door shall remain closed except for ingress and egress, so as to preclude viewing by the general public of stored vehicles. The bottom edge of any such fence or wall, including all gates or doors, shall not be more than two inches above the finished grade of the enclosed area.

All walls and fences shall be maintained in good condition, and repairs shall be made to damaged areas within 24 hours of detection of such damage.

PARKING: The Franchisee shall at all times provide and maintain adequate off-street parking space for the parking and storage of vehicles and other equipment used in connection with the Franchise. Under no circumstances shall public streets and alleys be used for vehicle storage or tow truck parking, temporary or otherwise.

PROTECTION AND HANDLING OF VEHICLES: All vehicles towed and/or stored by the

Franchisee shall be in an enclosed and locked area. Access by other than City or Franchisee's employees shall be restricted and supervised by the Franchisee or their designate.

Undamaged and high-value vehicles shall be segregated from crashed and junk vehicles.

Vehicles shall be systematically parked and sufficiently separated to preclude the probability of damage.

All property in towed and stored vehicles shall be the responsibility of the Franchisee, as if said property were part of the vehicle itself. Parts shall not be removed from an impounded or stored vehicle without proper authorization or approval by the City.

Franchisee shall protect said vehicle and property until vehicle has either been released to the owner or disposed of through other legal process.

Vehicles requiring special Police handling or held for investigation shall be stored on the primary lot and not moved until authorized by the Police Department. Franchisee shall take reasonable precautions to guard evidentiary items such as fingerprints, paint transfers, stains, etc.

Should a vehicle need to be held for a period in excess of thirty days, and the franchisee is notified that the vehicle will be a long-term storage, then the daily storage fee shall be $4 per day subject to the approval of the city council, in excess of the initial 30 day fees.

Vehicles taken as criminal evidence shall be stored in an impound area secured from unauthorized persons, including tow yard personnel. This impound area shall be enclosed to provide protection from the elements and with sufficient lighting and sanitary conditions that are conducive to the preservation and collection of physical evidence. Police Department Forensics personnel may conduct periodic inspections to insure compliance.

In addition, Franchisee shall provide a secure, closed area with an OSHA approved hydraulic lift for use by the City for inspection of vehicles. The facility shall be sufficiently enclosed to allow investigators to inspect vehicles without being observed by Franchisee employees or the public. It is the responsibility of the Franchisee to move vehicles in its possession to and from the inspection facility at no charge to the City or vehicle owner.

RELEASE OF PERSONAL PROPERTY: The Franchisee shall release personal property from the vehicle to the vehicle’s owner or their agent upon demand pursuant to CVC 22851(b), unless directed otherwise by the Police Department. This will occur during normal business hours at no charge to the property owner. If exigent circumstances dictate that removal of property occur during those hours when the Franchisee is closed, a fee may be imposed.

VEHICLE REPAIR/REFERRAL: No mechanical, electrical or body and fender repairs shall be performed on any storage lot used in connection with this Franchise.

Franchisee is prohibited from soliciting vehicle owners or agents of owners impounded or stored vehicles in connection with this franchise for any mechanical, electrical, or body and fender repairs, nor shall solicitations be made on behalf of insurance agents or other repair brokers. Franchisee shall affirmatively inform vehicle owners or their agents that repairs, if any, may be made at the garage of their choice. Franchisee shall not waive or rebate towing or storage charges as an inducement to an owner or owner's agent to select franchisee as the source of repair.

No vehicle shall be removed to any location other than Franchisee’s storage facility unless so directed by the Police Department for evidence processing, or by the vehicle owner, with prior notice to the Police Department/DOT. Franchisee shall disclose any ownership or financial interest in any body or repair facility to which the Franchisee may refer an owner of an impounded vehicle.

RELEASE AND PROCESSING: Franchisee shall be responsible for the physical release and the processing of all necessary documents for all impounds once they have been approved for release by the City. Documentation of releases shall be maintained in accordance with Section 5 above. In cases where storage and towing charges are made payable by the City under the CVC, Franchisee shall waive such fees at the request of the City.

OTHER REGULATION: Franchisee shall operate its business in a professional and honest fashion. Franchisee shall comply with all federal, state, and local laws, and shall make all reports required by the CVC. Franchisee shall maintain all licenses and permits required by the aforementioned regulatory bodies, including, but not limited to, the business licenses required by Chapter 5 of the Pasadena Municipal Code. Franchisee must supply the names and drivers license numbers of its drivers. In addition, the Franchisee shall be enrolled and participating in a program with California Department of Motor Vehicles (DMV Pull Program) that notifies the Franchisee when their drivers have any change to their driving status or record. This DMV program will alert the Franchisee to any potential problem drivers.

Any felony or misdemeanor conviction of an owner of a Franchisee involving stolen or embezzled vehicles, fraud related to the towing business, stolen property, crimes of violence, or moral turpitude shall be cause for termination of the award of the franchise.

LIENS AND DISPOSALS: Franchisee shall comply with the CVC and other applicable laws with regards to lien sales, including supplying a list of vehicles each month that the Franchisee intends to lien sale prior to selling same for approval by the department.

Franchisee is responsible for maintaining all documents relating to lien sales in the same fashion as records kept pursuant to section 5 above. On the first working day of each month, the franchisee shall provide the Police Department/DOT with a list of vehicles that have been sold pursuant to lien procedures during the previous month, as well as the amount of money recovered for each vehicle. For DOT impounded vehicles parking fees/fines are to be satisfied first unless otherwise approved by the Director of Transportation or his designee.

RATES, CHARGES and PAYMENT: The rates and charges for towing and storage in connection with this Franchise shall be established by the City Council. The prevailing rates prescribed by the Southern Division of the California Highway Patrol, the Los Angeles Police Department, and the Los Angeles County Sheriff will be considered when establishing these rates. The rate per impound shall be $151.00 and the storage charge shall be $42.00 per day, until otherwise modified by the City Council. A sign showing the approved rates and charges shall be conspicuously posted in the Franchisee's tow office and available from tow driver on request. Franchisee shall provide vehicle owners the option of payment by MasterCard and Visa. Franchisee must provide for after-hours releases of vehicles, and may collect an after-hour release fee not to exceed the fee established for one day of storage (currently $42.00) in addition to any other applicable fees. Franchisee shall offer a “drop fee” that is no more than 50% of the rate per impound (currently $151.00).

Per CVC 22658

(h) A towing company may impose a charge of not more than one-half of the regular towing charge for the towing of a vehicle at the request of the owner, the owner’s agent, or the person in lawful possession of the private property pursuant to this section if the owner of the vehicle or the vehicle owner’s agent returns to the vehicle after the vehicle is coupled to the tow truck by means of a regular hitch, coupling device, drawbar, portable dolly, or is lifted off the ground by means of a conventional trailer, and before it is removed from the private property. The regular towing charge may only be imposed after the vehicle has been removed from the property and is in transit.

ROTATION TOW LISTS: In the likely event more than one Franchise is granted, the City will take steps to provide an even distribution of work among the Franchisees. To this end the City will establish the following rotation lists:

All tows initiated by the Department of Transportation will rotate on a per day basis.

Examples of such tows are:

• Abandoned vehicles.

• Scofflaw impounds

• Travel lane violations

• Blocked driveways

All tows initiated by the Police Department will rotate from a rotation list as described below. Examples of such tows are:

• 30 day impounds. Those incidents initially classified by the officer in the field as falling under CVC 14602.6(a)(2) storage authority.

• All other impounds those outside the authority of CVC 14602.6(a)(2) and “Next Up” requests for tows at collisions or other incidents where there is no preference by either the Police Department or vehicle owner as to disposition of the vehicle.

After a Franchisee has been provided a particular assignment from a rotation list, that Franchisee will be placed at the bottom of that particular list. Each list will be independent of all others. In the event a call is canceled prior to the time that the tow truck driver physically takes charge of the designated vehicle, there shall be no charge to the vehicle owner, and that Franchisee shall be placed back at the top of the appropriate rotation list.

When a vehicle is being stored, not impounded and a Franchisee has physical custody of a vehicle but has not left the scene and the owner or owner’s agent arrives and demands the vehicle’s release, the vehicle shall be released upon receipt of a fee representing one half of the basic hourly rate. The full tow fee shall not accrue until the vehicle is physically removed from the scene.

In the event a Franchisee tows more than one vehicle from a single call, they shall be skipped on the rotation list in amount equal to the number of vehicles in excess of one, towed.

In the event that a Franchisee is unable to respond within the limits established for any single call, then that Franchisee will lose the right to respond to that immediate call and the next call that the Franchisee would normally rotate into. Unable to respond within established limits includes but is not limited to refusing to respond, not answering their phone, not having equipment available, or the required number and type of tow trucks available.

SPECIAL CITY EVENTS: At the discretion of the City, Franchisee(s) shall provide service for special City events, including but not limited to Rose Parade, Rose Bowl, UCLA football games, and other events. During such special events, the City shall establish rates and charges for services not otherwise specified in section 18, above.

OTHER SERVICES: At the request of the City, Franchisee shall provide other services including but not limited to clearing collision related debris from the roadway and towing police/DOT vehicles. Franchisee(s) may charge the City up to $25 per call for performing these services outside of a regular collision call. The Chief of Police/Director of Transportation in their sole discretion may approve increases to these charges.

CITY OF PASADENA

CONTACT: Lieutenant Anthony Russo

Pasadena Police Department

207 N. Garfield Avenue

Pasadena, CA 91101

(626) 744-7159

APPLICATION FOR NON-EXCLUSIVE

POLICE TOWING FRANCHISE SYSTEM

Any person who intends to operate as a franchisee shall apply to the city by filing with the City of Pasadena Police Department, no later than 4pm, 1/20/2023, the following information:

A. Name and address of applicant;

B. If the applicant is a partnership, the name and address of each partner shall be set forth in the application. If the applicant is a corporation, the application shall state the names and addresses of the corporation's directors, main offices, major stockholders and associates, and the names and addresses of the parent and subsidiary companies;

C. A list of all vehicles, including license plate numbers and vehicle identification numbers, to be used in connection with the franchise for which the application is filed;

D. A list of all personnel assigned to perform services pursuant to such franchise accompanied by the California driver's license number and license class of each such person;

E. Proof of insurance in a form acceptable to the city.

F. Vendor Questionnaire Form (Form AA-1) G. Living Wage Compliance Form H. Workforce Utilization Forms (AA-2 and AA-3) I. Non-Collusion Declaration J. W9 – Taxpayer Identification Number and Certification

Note: This application form is provided as a convenience. You may choose to use this form or attach separate sheets as desired or necessary.

NAME AND BUSINESS ADDRESS OF APPLICANT:

Name Phone

Address City Zip

Name Phone

Address City Zip

VEHICLE INFORMATION:

Please provide a list of all vehicles, including license plate number and vehicle identification numbers, to be used in connection with the franchise for which the application is filed. Additional pages may be used.

Vehicle Make/Model License Plate Number Vehicle ID Number

PERSONNEL INFORMATION:

Please provide a list of personnel assigned to perform services.

Name Drivers License Number License Class

INDEMNITY: By submitting this form and signing below, applicant certifies that, pursuant to Pasadena Municipal Code Section 10.46.100, it has reviewed, understands, and agrees to the indemnity obligations imposed by Section 9 of the sample Franchise Agreement included in this Request for Applications.

Print name and title Signature

• Chapter 10.46 - POLICE TOWING FRANCHISE SYSTEM

• 10.46.010 - Definitions.

For the purposes of this chapter, certain terms used herein are defined as follows:

"City" means the city of Pasadena.

"City council" means the city council of the city of Pasadena.

"City manager" means the city manager of the city or authorized representative.

"Franchisee" means any entity granted a franchise by the city pursuant to this chapter.

"Police chief" means the police chief of the city or authorized representative.

"Police towing" means towing of vehicles to impound or to other locations and the storage of such vehicles as ordered and designated by authorized members of the Pasadena police department.

(Ord. 6862 § 1, 2001: Ord. 6718 § 2 (part), 1997)

• 10.46.020 - Police impound towing franchises—Purpose and declarations.

It is declared and determined that the business of police towing affects the health, safety and public welfare of the residents of the city. The custody and control of vehicles owned by the public which are towed and/or stored at the order of the Pasadena police for purposes of impound or facilitation of traffic flow require a high degree of proficiency with the procedures established by the California Department of Motor Vehicles and a high level of trust and confidence by the public and the police department in the facilities used for storage and the personnel and equipment utilized for towing vehicles to impound, many of which may be of high value, may be or contain evidence of criminal activity, and which, if improperly towed or stored, may result in legal action against the city. The further responsibility of the police towing franchisee is to collect only the prescribed fee from owners of impounded vehicles and to release said vehicles promptly and efficiently, but only upon the evidence of proper documentation requires that only those towing contractors who have demonstrated that they possess the facilities, control systems and knowledgeable personnel to protect the interests of the city and vehicle owners. Therefore, it is a purpose of this chapter to regulate this service to the police department and to minimize any adverse effects upon the citizenry.

It is recognized that the city is required to adopt and implement a mechanism to promote the safe and efficient towing to impound of vehicles and that city may impose fees to fund the cost of this effort and to augment the funds available for purposes of law enforcement.

The city, by the adoption of Article XI of the City Charter, having elected to implement the home rule provisions of Article XI of the Constitution of the state of California as to municipal affairs and the granting of nonexclusive franchises of the nature referred to herein as being within the class of actions designated to "municipal affairs," declares that the provisions of the chapter, together with the provisions of the charter of the city, shall constitute the exclusive procedure for the grant of franchises for conducting police impound towing and storage services.

(Ord. 6718 § 2 (part), 1997)

• 10.46.030 - Activities which are unlawful unless authorized—Activities not covered.

Except as specified in this chapter, it is unlawful for any person to solicit or perform the business of police towing in the city unless:

A franchise therefor has first been granted pursuant to the provisions of this chapter and such franchise is in full force and effect; and

A written franchise agreement therefor has been executed between such person and the city and such agreement is in full force and effect; or

This chapter shall not apply to towing, repair or storage services performed for or made available to members of the public by any person.

(Ord. 6718 § 2 (part), 1997)

• 10.46.040 - Nonexclusive franchise—City council authority to grant.

The city council may and is empowered to grant by the affirmative vote of 6 members, to any qualified person, a nonexclusive franchise to engage in the business of towing vehicles in response to police requests for towing services for purposes of impoundment within the city.

(Ord. 6862 § 2, 2001: Ord. 6718 § 2 (part), 1997)

• 10.46.050 - Nonexclusive franchise—Terms and conditions.

All franchises granted to persons pursuant to this chapter shall be nonexclusive. No provisions of this chapter shall be deemed to require or to allow restricting the number of franchises to one or any particular number.

All nonexclusive franchises shall be subject to the terms and conditions specified in the City Charter and in this chapter, in the resolutions and ordinances granting the franchise and in the terms and conditions of the franchise agreement.

In granting any franchise, the city council may prescribe such other and additional terms and conditions, not in conflict with the City Charter or this chapter, as in the judgment of the city council are in the public interest.

(Ord. 6718 § 2 (part), 1997)

• 10.46.060 - Application for franchise.

At least one time per calendar year, the city manager shall cause publication, in the manner described in Section 4.08.060 of this code, of a notice of request for applications for police towing franchises.

Any person who intends to operate as a franchisee shall apply to the city by filing with the police chief, upon forms supplied by city and in accordance with the request for applications, a verified application containing at a minimum the following information:

Name and address of applicant;

https://library.municode.com/ca/pasadena/codes/code_of_ordinances?nodeId=TIT4REFI_CH4.08COBIPU_4.08.060NOINBI

If the applicant is a partnership, the name and address of each partner shall be set forth in the application.