2024_RFP_Vehicle_Abatement.pdf

SCOPE OF SERVICES

1. SUMMARY DESCRIPTION

CONTRACTOR shall furnish COUNTY with all qualified labor, materials, facilities, equipment and transportation necessary to remove and abate vehicles, including automobiles, motorcycles, trucks, SUVs, boats, trailers, and recreational vehicles, and all parts/debris thereof from private property or public streets for which COUNTY provides CONTRACTOR with Tow Request as described herein. Any loose loads, attachments, pieces, parts, etc., on any vehicle tow requests will be secured, strapped, tarped, wrapped, as needed to transport safely. Waste tires that are part or within any vehicle will be removed, up to nine, as allowed by Public Resources Code 42954 (a)(1) and regulated by California Vehicle Code 31560. Any tires in excess of nine will be abated by the County.

2. TOW PROCESS – ALL ABATEMENTS

A. Tow Request CONTRACTOR shall dispatch towing equipment upon receipt of Tow Request. COUNTY will make Tow Requests by phone call to the CONTRACTOR, which shall be answered by CONTRACTOR at all times between the hours of 8:00am to 5:00pm Monday through Saturday, excluding COUNTY-observed holidays. A COUNTY Code Enforcement Division representative will be present at the location and time of tow. COUNTY will provide a Tow and Storage Report for vehicles towed from the public right-of-way, or an Automobile Dismantler’s Vehicle Removal Notification document for vehicles towed from private property to the tow truck driver at the location from where the vehicle is to be towed. COUNTY’S Tow and Storage Report or Automobile Dismantler’s Vehicle Removal Notification document (blank copies of which are attached hereto as Attachments 1 and 2, respectively, and incorporated herein for reference purposes) shall identify the vehicle, vehicle identification number (if visible), license plate number (if present), and the location of the vehicle. COUNTY’S Tow and Storage Report or Automobile Dismantler’s Vehicle Removal Notification shall include authorization for CONTRACTOR to remove and tow the vehicle to CONTRACTOR’S storage facility.

B. Response Time CONTRACTOR shall dispatch and provide service to the location as provided in the Tow Request within 30 minutes of call received – for locations south of Elk Grove Boulevard or southeast of Grant Line Road, response time shall be within 45 minutes of call received. CONTRACTOR shall perform tow removal services Monday through Saturday, 8:00am to 5:00pm, excluding COUNTY-observed holidays.

C. Failure to Timely Abate If CONTRACTOR fails to answer the above-listed phone number during the hours stated or fails to remove vehicles within the foregoing response time, COUNTY may, in COUNTY’S sole discretion, have the vehicles removed in any manner COUNTY deems appropriate and charge the expense thereof against

CONTRACTOR.

D. Documentation CONTRACTOR’S tow truck drivers shall be given COUNTY’S Tow and Storage Report or Automobile Dismantler’s Vehicle Removal Notification for driver to have in his/her possession in the field at time of abatement to serve as verification of legal authority to abate the vehicles being towed.

E. Inspection of Vehicle Identification Numbers and License Plates Prior to hook-up/loading of vehicles to be abated, CONTRACTOR’S tow truck drivers shall visually inspect, when possible and practicable, every vehicle to be abated to verify that the vehicle identification number (VIN) and license number on every vehicle, trailer or boat match the information documented on the Tow and Storage Report or Automobile Dismantler’s Vehicle Removal Notification from COUNTY’S Code Enforcement Division. If any variation or discrepancy exists, CONTRACTOR will immediately notify COUNTY’S Code Enforcement Division for direction.

F. Towing CONTRACTOR shall utilize tow truck drivers, tow truck classifications and equipment specifications and auxiliary equipment as hereinafter described. Hook-up/loading and towing/carrying of vehicles shall be accomplished in accordance with standards of practice for the industry and state laws and regulations, and in a manner to avoid spillage of any fluids or other materials from the towed vehicles.

G. Prevention of Damage to Vehicles and Contents All vehicles shall be handled by CONTRACTOR in such manner that the vehicles remain in substantially the same condition as they existed before being towed.

All personal property and contents in the vehicles shall be kept intact.

Any damage which occurs to towed vehicles or contents while in possession of CONTRACTOR shall be solely CONTRACTOR’S responsibility.

H. Prevention of Damage to Abatement Sites CONTRACTOR shall inspect and hook-up vehicles to tow in such manner that abatement sites remain in substantially the same condition as they existed before CONTRACTOR towed the vehicles. Any damage to existing curbs, gutters, sidewalks, utilities, guardrails, equipment of finished surfaces, landscaping, etc., resulting from the performance of this Agreement by CONTRACTOR shall be repaired to the satisfaction of COUNTY at CONTRACTOR’S expense.

I. Determination of Estimated Vehicle Value for Vehicles Towed from Public Right-Of-Way

(1) Within three (3) days after the towing of a vehicle hereunder, CONTRACTOR shall provide COUNTY with a report of CONTRACTOR’S estimated value of the vehicle towed. Such report shall include the estimated value, identity of the estimator, location and description of vehicle, including make, model, year, identification number, license number, state of registration, and (for motorcycles only) the engine number, and the statutory authority for the storage (which shall have been provided to CONTRACTOR by COUNTY on the Tow and Storage Report.

(2) If COUNTY questions CONTRACTOR’S estimate of value, such as but not limited to circumstances when Kelly Blue Book or other published estimators of vehicle values indicate a low book value higher than CONTRACTOR’S estimate and when year and/or exterior appearance are at odds with CONTRACTOR’S estimate, CONTRACTOR shall provide to COUNTY documentation of internal conditions such as transmission and engine damage and provide an estimate of costs to repair the vehicle to increase its value to that of Kelly Blue Book low value.

3. STORAGE FACILITY REQUIREMENTS

In addition to complying with the Good Neighbor Policy under this Agreement, CONTRACTOR shall comply with the following storage facility requirements:

A. Located within the County of Sacramento CONTRACTOR shall store vehicles abated under this Agreement only in storage facilities located within the boundaries of the County of Sacramento.

CONTRACTOR shall utilize its storage facilities at [Primary Storage Address], as the primary storage under this Agreement. For secondary/overflow storage, CONTRACTOR may utilize its storage facilities at [Secondary Storage Address]. In the event CONTRACTOR will use storage facilities other than the two listed herein, CONTRACTOR shall immediately notify COUNTY in writing of the change, the effective date of the change, and the address of the facility to be used for storage thereafter.

B. Posting of Notice as Required by Vehicle Code Section 22850.3 CONTRACTOR shall conspicuously post at each of its storage facilities where vehicles towed under this Agreement may be stored, the following notice: “A vehicle placed in storage pursuant to State of California Vehicle Code Section 22850 may be released only on proof of current registration.”

C. 24-Hour Public Access Telephone Line CONTRACTOR shall maintain at all times, a telephone line accessible by the public 24-hours per day, seven days per week, which CONTRACTOR shall answer during those hours to communicate with the public concerning possession and disposition of vehicles in CONTRACTOR’S possession.

4. DISPOSITION OF VEHICLES

A. Vehicles Towed from Private Property All vehicles towed from private property pursuant to Automobile Dismantlers Vehicle Removal Notification must be destroyed pursuant to California Vehicle Code section 22661(f) and 22662.

B. Vehicles Towed from Public Right-of-Way

1) Minimum 15-Day Storage CONTRACTOR shall store all vehicles towed under this Agreement for a minimum 15 days before making final disposition. CONTRACTOR shall store such vehicles in secure, enclosed buildings or fenced storage yards.

During the 15-day storage, registered owners of the vehicles may claim them upon presentation of documentation as required by the California Vehicle Code and payment of CONTRACTOR’S tow and storage fees charged in accordance with the California Vehicle Code.

2) Final Disposition If vehicles are not claimed during the foregoing 15-day storage period, CONTRACTOR is authorized to make final disposition of the vehicles according to the following procedures:

i. DMV Forms REG 462, Junk If, during the 15-day storage period, COUNTY provides CONTRACTOR with completed Department of Motor Vehicles (DMV) Forms REG 462 (a blank copy of which is attached hereto as Attachment 3 and incorporated herein by reference), for vehicles valued at $500 or less, the vehicles described in the forms shall not be reconstructed or made operable and shall not be reregistered or resold for use on public streets—all such vehicles will be processed as junk. Such vehicles towed by CONTRACTOR under this Agreement shall be removed to a licensed scrap-yard or automobile dismantler’s yard for processing as scrap, or for sale of parts or recycling of parts.

ii. Other Final Disposition If COUNTY does not provide DMV Forms REG 462 during the 15-day storage period, CONTRACTOR shall make final disposition of such vehicles in a manner consistent with the requirements of California Vehicle Code Division 11, Chapters 9 and 10 (Sections 22500-22856). Prior to initiating the steps required for final disposition, CONTRACTOR shall provide written notice to COUNTY of the proposed disposition, and within the week immediately subsequent to final disposition, CONTRACTOR shall advise COUNTY of the actual disposition accomplished via listing of the disposition in the weekly reports as provided, below.

iii. Motorhomes and Travel Trailers All Motorhomes and Travel Trailers not claimed by the registered owner as outlined above shall be destroyed within 45 days of date towed.

Verification of final disposition shall be provided to COUNTY with submission of invoice(s) for disposal fees incurred, prior to payment.

3) Disposal of Hazardous Materials CONTRACTOR shall assure that all refrigerant, coolant, oils, fuels, lubricants and other hazardous materials are properly and safely drained from vehicles abated under this Agreement and that disposal or recycling of such materials is conducted in accordance with all applicable laws.

4) Disposition of Personal Property in Vehicles CONTRACTOR shall allow access to vehicles towed hereunder by the registered owners of such vehicles for such owners to retrieve personal property during normal business hours. CONTRACTOR shall require submittal of identification, which must match the DMV registration information before access is allowed to the vehicle.

Upon completion of the required storage period, if personal property in vehicles has not been retrieved by registered owners, CONTRACTOR may dispose of any such property in accordance with applicable laws.

5. RECORDS, AUDITS AND REPORTS

A. In conjunction with Paragraph 31 of this Agreement, Audits and Records, CONTRACTOR shall provide weekly summary reports to COUNTY of vehicles towed and vehicles disposed of by CONTRACTOR in the preceding week. Such weekly reports shall include all of the information listed in subparagraph D, below.

B. CONTRACTOR shall maintain records of vehicles abated under this Agreement for a period of four years. Such records shall be open to inspection immediately during regular business hours upon request by COUNTY.

C. At minimum, CONTRACTOR’S records shall include the following with the dates of each action:

1) Accela Case Number assigned by COUNTY’S Code Enforcement Division.

2) Original or copy of COUNTY’S written Tow and Storage Report or Automobile Dismantler’s Vehicle Removal Notification.

3) Name or employee number of tow truck driver who performed the abatement.

4) Name, address and phone number of person, if available, whose vehicle was towed.

5) Vehicle identification number (VIN), license number, year, make and model of each vehicle abated.

6) Location from which the vehicle was towed, including notation whether towed from public roadway or from privately-owned property.

7) Location to which the vehicle was towed.

8) Final disposition of vehicle (redeemed by registered owner, dismantled, scrapped, etc.).

6. MOTOR CARRIER PERMIT

CONTRACTOR shall maintain an active State of California Department of Motor Vehicles Motor Carrier Permit in accordance with the permit information CONTRACTOR provided to COUNTY during the Request for Bid process preparatory to award of this contract. CONTRACTOR shall immediately notify COUNTY in writing of any changes in the permit.

7. TOW TRUCK DRIVER REQUIREMENTS

A. Sufficient Number of Drivers CONTRACTOR shall employ a sufficient number of qualified drivers to assure compliance with COUNTY’S required response time set forth above.

B. Competency CONTRACTOR shall ensure that tow truck drivers performing services under this Agreement are qualified and competent employees. CONTRACTOR shall ensure that the tow truck drivers are trained and proficient in the use of the tow truck and related equipment, including, but not limited to, the procedures necessary for the safe towing and recovery of the various types of vehicles to be abated under this Agreement. Tow truck drivers shall be at least 18 years old and shall possess the class driver license as required by the State of California Department of Motor Vehicles to perform tow truck activities hereunder.

C. List of Drivers CONTRACTOR shall maintain a current list of drivers and shall provide the list, including the following information, to COUNTY upon COUNTY’S request. CONTRACTOR shall maintain the following information for each driver:

1) Full name

2) Date of birth

3) California driver license number

4) Job title/description

5) Type(s) of truck(s) driver has been trained to operate

D. Criminal Convictions as Prohibition from Performing Services

1) COUNTY may prohibit CONTRACTOR or any of its drivers from performing services under this Agreement if CONTRACTOR or any of CONTRACTOR’S drivers has been convicted of a crime involving dishonesty, fraud or deceit with intent to substantially benefit him or herself, or another, or substantially injure another, and the time for appeal of such conviction has elapsed, or when an order granting probation is made suspending the imposition of sentence, irrespective of the entry of a subsequent order under California Penal Code Section 1203.4; and COUNTY concludes that by reason of the crime, CONTRACTOR or CONTRACTOR’S drivers would perform the duties under this Agreement in a manner which would subject towed vehicle owners to risk of harm or criminal, deceitful or otherwise unethical practices.

2) Notwithstanding the foregoing, COUNTY shall not prohibit performance of services under this Agreement solely on the basis that CONTRACTOR or a driver of CONTRACTOR has been convicted of a felony if the person has obtained a certificate of rehabilitation under California Penal Code section 4852.01, et seq., or that the person has been convicted of a misdemeanor if the person has met all applicable requirements of the criteria of rehabilitation developed to evaluate the rehabilitation of the person.

1. DMV Employer Pull Notice Program CONTRACTOR and all of

CONTRACTOR’S tow truck drivers shall be enrolled in the State of California Department of Motor Vehicles Employer Pull Notice (EPN) Program. CONTRACTOR shall enroll new drivers in the EPN Program within 30 days of hire. CONTRACTOR shall sign, date and maintain Pull Notices on file and shall provide copies of the Pull Notices to COUNTY within seven calendar days of COUNTY’S written request therefor.

TOW TRUCK CLASSIFICATIONS & EQUIPMENT SPECIFICATIONS

CONTRACTOR shall equip and maintain tow truck(s) utilized in the performance of this Agreement in accordance with the provisions set forth in the California Vehicle Code and consistent with industry standards and practices. CONTRACTOR’S tow trucks and equipment used in the performance of this Agreement shall comply with all specifications and include all the requirements listed on the State of California Department of California Highway Patrol Tow Truck Inspection Guide, CHP Form 234B (Rev. 5-17), a copy of which is attached hereto as Attachment 4 and incorporated herein by this reference. Tow trucks shall display CONTRACTOR’S name, city and telephone number painted on or permanently affixed to the vehicle. CONTRACTOR must have in operation at all times a sufficient number of tow trucks to assure compliance with COUNTY’S required response time set forth above. CONTRACTOR shall maintain each truck with auxiliary equipment necessary to tow/abate various types of vehicles. Tie down straps, tow safety chains, and drag lights (“tow lights”) shall be used on all tows performed under this Agreement. If CONTRACTOR does not have the equipment capability to legally or safely tow/abate a vehicle due to the type, size, weight and/or condition of the vehicle, CONTRACTOR must have the capability to contract for a qualified subcontractor to promptly remove the vehicle.

8. TOW TRUCKS – REQUIRED INSPECTIONS

A. When responding to tow requests pursuant to this Agreement, CONTRACTOR shall use only tow vehicles that are currently included in CONTRACTOR’S Motor Carrier Permit and subject to inspection by the California Highway Patrol under the Biennial Inspection of Terminals (BIT) program.

B. COUNTY shall have the right to inspect and evaluate the suitability of any/all of CONTRACTOR’S tow vehicles, equipment and facilities to be used in performance of this Agreement.

9. PUBLICATION OF DOCUMENTS AND DATA

CONTRACTOR shall not publish, or disclose to any third party, documents, data, or any confidential information relative to the work of the COUNTY without the prior written consent of COUNTY, however, submission or distribution to meet official regulatory requirements, or for other purposes authorized by this Agreement, shall not be construed as publication in derogation of the rights of either the COUNTY or CONTRACTOR.