REQUEST FOR PROPOSAL – THIS IS NOT AN ORDER

SACRAMENTO COUNTY SHERIFF’S OFFICE

TOWING ENFORCEMENT UNIT

2101 HURLEY WAY, SACRAMENTO, CA 95825

RFP#

COMMODITY/SERVICE: 2026/2027/2028 ROTATIONAL TOW PROGRAM

CONTENTS

ADMINISTRATIVE INFORMATION..………………2

KEY EVENTS ….…………………………………….2

PROPOSER’S INSTRUCTIONS....……………..…3

BASIS OF AWARD …..…………………..………...6

FINAL ACCEPTANCE ……………..……..………..6

DETAILED REQUIREMENTS……..……………….7

APPENDICES

Exhibit A: Scope of Services

Exhibit B: Insurance Requirements

Exhibit C: Pricing

Exhibit D: RFP Proposal Forms

ADMINISTRATIVE INFORMATION

Introduction

The Sacramento County Sheriff’s Office Towing Enforcement Detail invites proposals from experienced, qualified tow companies to participate in the Sacramento County Sheriff’s Office Rotational Tow Program as described in this Request for Proposals (RFP).

KEY ACTION EVENTS AND PROJECTED DATES

Event Release of RFP

Written questions due

Addendum from County with answers to proposers questions

Proposals Submitted to County by Proposers (DUE DATE)

Date February 10, 2026 February 17, 2026

February 24, 2026 March 13, 2026

Inspection of Tow Storage Facilities (projected) March 23, 2026 Recommendation to Board of Supervisors (projected)

Notification of Award

May 1, 2026 (pending Board approval)

Contract Effective Date November 1, 2026 jhodges Highlight jhodges Highlight jhodges Highlight jhodges Highlight jhodges Highlight jhodges Highlight

Significant changes from previous Sacramento County Sheriff’s Office Rotational Towing Contract(s).

PLEASE NOTE – This page has been created in lieu of a meeting with any proposers. The list below is NOT a complete list of any and all changes from any previous contracts.

It is the responsibility of any proposer to fully read and understand the contract proposal before submitting any questions and/or applying to be considered for this program.

• This proposal will be a two (2) year contract, with two (2) one (1) year extensions, to be offered at the discretion of the County.

• Tow release fee increased to $275.00.

o We will review this rate at the end of original contract period.

• Tow storage rates increased to $70.00 per day.

o We will review this rate at the end of original contract period.

jhodges Highlight jhodges Highlight

PROPOSER’S INSTRUCTIONS

INSTRUCTIONS FOR PREPARING AND SUBMITTING PROPOSALS

1.1.1 Proposals Must be Delivered to:

Sacramento County Sheriff's Office Towing Enforcement Detail 2101 Hurley Way Sacramento, CA 95825

1.1.2 Date of Submission

An original proposal must be received by the Sacramento Sheriff's Office as listed above not later than 4:00 p.m. on March 13, 2026.

1.1.3 Proposal Signature

If the proposal is made by an individual, it shall be signed and the individual's full name and address shall be given. If it is made for a firm or partnership, it shall be signed with the firm or partnership name by a principal of the firm or partnership, who shall sign his or her own name and title. The names and addresses of each firm principal or partner shall also be provided. A Certificate of Secretary shall be attached to any proposal submitted by a corporation.

Any proposal submitted without an authorized signature or a Certificate of Secretary (if applicable) will be rejected.

1.1.4 Rotation Tow Listing Application

All proposers must complete a “Rotation Tow Listing Application”

(See Exhibit "D").

1.1.5 Tow Operator/Driver Information Form

All proposers must complete, sign and have their tow truck drivers sign a Sacramento County Sheriff's Office Tow Operator/Driver Information Form (See Exhibit "D").

1.1.6 Certificate of Insurance

All proposers must submit a certificate of insurance as specified in Exhibit B.

1.1.7 Copies of County Issued Licenses

All proposers must submit copies of County Issued Licenses.

1.2 CONTRACT BETWEEN PROPOSER AND COUNTY

1.2.1 Interpretation of Documents and Questions

If any proposer contemplating submission of a proposal is in doubt as to the meaning of any part of the RFP or other proposed contract documents, the proposer may submit to the Sheriff's Office Towing Enforcement Detail a written request for interpretation thereof. Replies to such inquiries will made in writing and included in the Agreement in the form of an Addendum, if necessary. The County will not be responsible for oral or other explanations or interpretations of the documents. Errors or omissions in the RFP, if the work is reasonably implied, shall be construed as being inconsequential and the work reasonably implied shall be deemed to be required as a part of the general contract without addition by the County.

Inquiries concerning any aspect of this RFP and contract award should be submitted in writing to:

Sacramento County Sheriff's Office Towing Enforcement Detail 2101 Hurley Way Sacramento, CA 95825

The closing date for receipt of written questions is February 17, 2026.

The final date to submit an application to this contract is March 13, 2026.

1.2.2 Addenda and Supplements to RFP

If it becomes necessary to revise any part of this RFP, an addendum to the RFP will be provided to all known prospective proposers.

1.2.3 Withdrawal or Modification of Proposals

Unauthorized conditions, limitations, or provisions attached to a proposal may be cause for its rejection. No oral, telegraphic or telephonic proposals or modifications will be considered. The proposal may be withdrawn or modified upon request by the proposer without prejudice within 5 business days of the original submission date, provided that the request for withdrawal is in writing, has been executed by the proposer or the proposer's duly authorized representative, and has been filed with the Sheriff's Office Towing Enforcement Detail.

1.3 REQUIREMENTS ESTABLISHED BY THE COUNTY

1.3.1 Late Proposals

Any proposal received after the specified due date and time shall be rejected and returned to the bidder.

1.3.2 Rejection of Proposals

The County of Sacramento reserves the right to reject any and all proposals received in response to this request which fail to meet the required number of qualifying points, or to negotiate separately with any source whatsoever in any manner necessary to serve the best interests of the County. THE COUNTY

OF SACRAMENTO MAY IN ITS DISCRETION DETERMINE NOT TO

AWARD A CONTRACT SOLELY ON THE BASIS OF THIS REQUEST FOR

PROPOSALS AND WILL NOT PAY FOR THE INFORMATION SOLICITED

OR OBTAINED. The information obtained will be used in determining the proposal that best meets the County's needs.

Rejection of a proposal does not imply criticism of the proposal, or that the proposal is deficient. Rejection of any proposal means only that another proposal(s) was deemed more advantageous to the County.

All material submitted that has not been clearly designated in the proposal itself as proprietary information becomes the property of the County and may be returned at the County's option.

Proposals submitted become the property of the County and may be reviewed and evaluated by any persons at the discretion of the County.

1.3.3 Proposer's Cost

Costs of developing proposals are entirely the responsibility of the proposer and shall not be chargeable in any manner to the County.

1.3.4 Acceptance of Proposal

Any proposer submitting a proposal shall thereby automatically agree to each and all of the terms, conditions, provisions and requirements set forth and contemplated in this Request for Proposals and the Sacramento County Sheriff’s Tow Services Agreement.

1.3.5 Acceptance of Proposal Content

The contents of the proposal of the successful proposer will become contractual obligations to be contained in a formal written agreement. Failure of successful proposer to accept these obligations in a formal agreement may result in cancellation of the award.

1.3.6 Tow Services Agreement

This RFP, including all its exhibits, will become part of the Tow Services Agreement executed between the County and the Contractor.

1.3.7 RFP Errors

Should a proposer feel that an error appears in the RFP documents, the proposer shall notify the Sacramento County Sheriff's Office - Towing Enforcement Detail, within 5 business days of submitting the proposal.

BASIS OF AWARD

EVALUATION PROCESS

General

An evaluation team appointed by the Sheriff's Office will evaluate all proposals received. All requirements identified in this RFP must be satisfied in order to insure that a proposal will qualify for consideration.

A point system will be used to evaluate the proposals. Evaluation categories include, but are not necessarily limited to, proposer’s tow rates, technical compliance with the specifications outlined in the RFP, demonstrated competence, personnel experience, storage lot (tow yard) inspections, and conformance to the proposal format instructions specified in the RFP. Points will be pre-assigned to each category in accordance with the County’s view of the relative importance of each. At the completion of the evaluation, a total point value will be compiled for each proposal.

NOTE:

The Sheriff’s Office intends to have as many tow companies on our towing rotation as possible, to maximize coverage and response times.

The Sheriff’s Office does intend on carefully reviewing which companies will tow for each of the five (5) referenced “tow beats”.

Appraisal of Proposers

Past performance of each proposer will be evaluated. Evaluation categories will include, but are not limited to, citizen complaints, Sacramento Sheriff's Office staff complaints, prior disciplinary action including discipline by any other governmental agency, and performance history, including prior response times. All existing accounts must be in good financial status.

FINAL ACCEPTANCE

The Sacramento County Sheriff’s Office Towing Enforcement Detail will agree to final acceptance only after the requested documents have been received and are found to be in an acceptable standard of operation.

AGREEMENT FOR ROTATIONAL TOW PROGRAM SERVICES

THIS AGREEMENT is made and entered into as of this ____ day of ________, 2026, by and between the COUNTY OF SACRAMENTO, a political subdivision of the State of California, hereinafter referred to as "COUNTY," and _________________, hereinafter referred to as "CONTRACTOR."

RECITALS

WHEREAS, COUNTY desires to contract with CONTRACTOR to provide the special services described herein; and

WHEREAS, CONTRACTOR is specially trained, experienced, expert and competent to perform the special services desired by COUNTY; and

WHEREAS, CONTRACTOR is willing to provide the desired services under the terms and conditions set forth herein; and

WHEREAS, COUNTY AND CONTRACTOR desire to enter into this Agreement on the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, COUNTY and CONTRACTOR agree as follows:

I. SCOPE OF SERVICES

CONTRACTOR shall provide services in the amount, type and manner described in Exhibit A, which is attached hereto and incorporated herein.

COUNTY shall utilize a rotation list for each tow area or “beat”, with the intention of giving an equal number of towing opportunities to each CONTRACTOR for each individually assigned tow beat.

COUNTY shall retain the right to deviate from the rotational towing lists and select any company on a towing rotation for any special needs or events that may arise.

II. TERM

This Agreement shall be effective and commence on November 1, 2026 and shall end on October 31, 2027. The COUNTY will have the option of:

Two (2) one (1) year extensions (total of 4 years) by written notice to the

CONTRACTOR.

If the agreement is extended it shall be under the same terms and conditions, unless specifically stated otherwise on any contract extensions.

III. NOTICE

Any notice, demand, request, consent, or approval that either party hereto may or is required to give the other pursuant to this Agreement shall be in writing and shall be either personally delivered or sent by mail, addressed as follows:

TO COUNTY

Sacramento COUNTY Sheriff’s Office Towing Enforcement Detail 2101 Hurley Way Sacramento, CA 95825

TO CONTRACTOR

Either party may change the address to which subsequent notice and/or other communications can be sent by giving written notice designating a change of address to the other party, which shall be effective upon receipt.

IV. COMPLIANCE WITH LAWS

CONTRACTOR shall observe and comply with all applicable Federal, State, and COUNTY laws, regulations and ordinances.

V. GOVERNING LAWS AND JURISDICTION

This Agreement shall be deemed to have been executed and to be performed within the State of California and shall be construed and governed by the internal laws of the State of California. Any legal proceedings arising out of or relating to this Agreement shall be brought in Sacramento COUNTY, California.

VI. LICENSES AND PERMITS

CONTRACTOR shall possess and maintain all necessary licenses, permits, certificates and credentials required by the laws of the United States, the State of California, COUNTY of Sacramento and all other appropriate governmental agencies, including any certification and credentials required by COUNTY. Failure to maintain the licenses, permits, certificates, and credentials shall be deemed a breach of this Agreement and constitutes grounds for the termination of this Agreement by COUNTY. CONTRACTOR further represents and warrants that all of its tow truck operators and employees comply with all laws and are qualified to perform all duties required in connection with the Tow Services Agreement.

CONTRACTOR represents and warrants to COUNTY that CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of the Tow Services Agreement any local, state or federal licenses, permits and approvals which are legally required for CONTRACTOR to operate a tow company and equipment associated with it. The address stated on any permit must be the primary location CONTRACTOR is utilizing for the rotational tow program.

VII. PERFORMANCE STANDARDS

CONTRACTOR shall perform its services under this Agreement in accordance with the industry and/or professional standards applicable to CONTRACTOR’S services.

VIII. OWNERSHIP OF WORK PRODUCT

All technical data, evaluations, plans, specifications, reports, documents, or other work products of CONTRACTOR provided hereunder shall become the property of COUNTY and shall be delivered to COUNTY upon completion of the services authorized hereunder. CONTRACTOR may retain copies thereof for its files and internal use. Publication of the information directly derived from work performed or data obtained in connection with services rendered under this Agreement must first be approved in writing by COUNTY. COUNTY recognizes that all technical data, evaluations, plans, specifications, reports, and other work products are instruments of CONTRACTOR’S services and are not designed for use other than what is intended by this Agreement.

IX. STATUS OF CONTRACTOR

A. It is understood and agreed that CONTRACTOR (including CONTRACTOR’S employees) is an independent contractor and that no relationship of employer-employee exists between the parties hereto. CONTRACTOR’S assigned personnel shall not be entitled to any benefits payable to employees of COUNTY. COUNTY is not required to make any deductions or withholdings from the compensation payable to CONTRACTOR under the provisions of this agreement; and as an independent contractor, CONTRACTOR hereby indemnifies and holds COUNTY harmless from any and all claims that may be made against COUNTY based upon any contention by any third party that an employer-employee relationship exists by reason of this agreement.

B. It is further understood and agreed by the parties hereto that CONTRACTOR in the performance of its obligation under the Tow Services Agreement is subject to the control or direction of COUNTY as to the designation of tasks to be performed, the results to be accomplished by the services hereunder agreed to be rendered and performed, and not the means, methods, or sequence used by CONTRACTOR for accomplishing the results.

C. If, in the performance of this agreement, any third persons are employed by CONTRACTOR such person shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by CONTRACTOR, and the COUNTY shall have no right or authority over such persons or the terms of such employment.

D. It is further understood and agreed that as an independent contractor and not an employee of COUNTY, neither the CONTRACTOR nor CONTRACTOR’S assigned personnel shall have any entitlement as a COUNTY employee, right to act on behalf of COUNTY in any capacity whatsoever as agent, nor to bind COUNTY to any obligation whatsoever. CONTRACTOR shall not be covered by worker’s compensation; nor shall CONTRACTOR be entitled to compensation sick leave, vacation leave, retirement entitlement, participation in group health, dental, life and other insurance programs, or entitled to other fringe benefits payable by COUNTY to employees of COUNTY.

E. It is further understood and agreed that CONTRACTOR must issue W-2 and 941 Forms for income and employment tax purposes, for all of CONTRACTOR’S assigned personnel under the terms and conditions of this agreement.

X. CONTRACTOR IDENTIFICATION

CONTRACTOR shall provide COUNTY with the following information for the purpose of compliance with California Unemployment Insurance Code Section

1088.8 and Sacramento COUNTY Code Chapter 2.160: CONTRACTOR’S name, address, telephone number, social security number, and whether dependent health insurance coverage is available to CONTRACTOR.

XI. COMPLIANCE WITH CHILD, FAMILY AND SPOUSAL SUPPORT REPORTING

OBLIGATIONS

A. CONTRACTOR’S failure to comply with state and federal child, family and spousal support reporting requirements regarding a CONTRACTOR’S employees or failure to implement lawfully served wage and earnings assignment orders or notices of assignment relating to child, family and spousal support obligations shall constitute a default under this Agreement.

B. CONTRACTOR’S failure to cure such default within 90 days of notice by COUNTY shall be grounds for termination of this Agreement

XII. BENEFITS WAIVER

If CONTRACTOR is unincorporated, CONTRACTOR acknowledges and agrees that CONTRACTOR is not entitled to receive the following benefits and/or compensation from COUNTY: medical, dental, vision and retirement benefits, life and disability insurance, sick leave, bereavement leave, jury duty leave, parental leave, or any other similar benefits or compensation otherwise provided to permanent civil service employees pursuant to the COUNTY Charter, the COUNTY Code, the Civil Service Rule, the Sacramento COUNTY Employees’ Retirement System and/or any and all memoranda of understanding between COUNTY and its employee organizations. Should any employee or agent of CONTRACTOR seek to obtain such benefits from COUNTY, CONTRACTOR agrees to indemnify and hold harmless COUNTY from any and all claims that may be made against COUNTY for such benefits.

XIII. CONFLICT OF INTEREST

CONTRACTOR and CONTRACTOR’S officers and employees shall not have a financial interest, or acquire any financial interest, direct or indirect, in any business, property, or source of income which could be financially affected by or otherwise conflict in any manner or degree with the performance of services required under this Agreement. CONTRACTOR shall not be directly involved in the towing-related business with any other Contractor on the Rotational Tow List or any Tow Operator not accepted for the Rotational Tow List. "Directly involved" includes, but is not limited to, having any financial interest, ownership of equipment, common insurance policies and common employees and owners or principals.

XlV. USE OF FUNDS

It is understood and agreed that no funds provided by COUNTY pursuant to this Agreement shall be used by CONTRACTOR for any political activity or political contribution.

XV. GOOD NEIGHBOR POLICY

A. CONTRACTOR shall comply with COUNTY’S Good Neighbor Policy.

CONTRACTOR shall establish good neighbor practices for its facilities that include, but are not limited to, the following:

1. Provision of parking adequate for the needs of its employees and service population;

2. Provision of adequate waiting and visiting areas;

3. Provision of adequate restroom facilities located inside the facility;

4. Implementation of litter control services;

5. Removal of graffiti within seventy-two hours;

6. Provision for control of loitering and management of crowds;

7. Maintenance of facility grounds, including landscaping, in a manner that is consistent with the neighborhood in which the facility is located;

8. Participation in area crime prevention and nuisance abatement efforts; and

9. Undertake such other good neighbor practices as determined appropriate by COUNTY, based on COUNTY’S individualized assessment of CONTRACTOR’S facility, services and actual impacts on the neighborhood in which such facility is located.

B. CONTRACTOR shall identify, either by sign or other method as approved by the DIRECTOR, a named representative who shall be responsible for responding to any complaints relating to CONTRACTOR’S compliance with the required good neighbor practices specified in this Section. CONTRACTOR shall post the name and telephone number of such contact person on the outside of the facility, unless otherwise advised by DIRECTOR.

C. CONTRACTOR shall comply with all applicable public nuisance ordinances.

D. CONTRACTOR shall establish an ongoing relationship with the surrounding businesses, law enforcement and neighborhood groups and shall be an active member of the neighborhood in which CONTRACTOR’S site is located.

E. If COUNTY finds that CONTRACTOR has failed to comply with the Good Neighbor Policy, COUNTY shall notify CONTRACTOR in writing that corrective action must be taken by CONTRACTOR within a specified time frame. If CONTRACTOR fails to take such corrective action, COUNTY shall take such actions as are necessary to implement the necessary corrective action. COUNTY shall deduct any actual costs incurred by COUNTY when implementing such corrective action from any amounts payable to CONTRACTOR under this Agreement.

F. CONTRACTOR’S continued non-compliance with the Good Neighbor Policy shall be grounds for termination of this Agreement and may also result in ineligibility for additional or future contracts with COUNTY.

XVI. NONDISCRIMINATION IN EMPLOYMENT, SERVICES, BENEFITS AND

FACILITIES

A. CONTRACTOR agrees and assures COUNTY that CONTRACTOR and any subcontractors shall comply with all applicable federal, state, and local anti-discrimination laws, regulations, and ordinances and to not unlawfully discriminate, harass, or allow harassment against any employee, applicant for employment, employee or agent of COUNTY, or recipient of services contemplated to be provided or provided under this Agreement, because of race, ancestry, marital status, color, religious creed, political belief, national origin, ethnic group identification, sex, sexual orientation, age (over 40), medical condition (including HIV and AIDS), or physical or mental disability. CONTRACTOR shall ensure that the evaluation and treatment of its employees and applicants for employment, the treatment of COUNTY employees and agents, and recipients of services are free from such discrimination and harassment.

B. CONTRACTOR represents that it is in compliance with and agrees that it will continue to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.) and regulations and guidelines issued pursuant thereto.

C. CONTRACTOR agrees to compile data, maintain records and submit reports to permit effective enforcement of all applicable anti-discrimination laws and this provision.

D. CONTRACTOR shall include this nondiscrimination provision in all subcontracts related to this Agreement, if authorized.

XVII. INDEMNIFICATION

To the fullest extent permitted by law, CONTRACTOR shall indemnify, defend, and hold harmless COUNTY, its elected representatives, officers, directors, agents, employees, and volunteers, from and against any and all claims, demands, actions, losses, liabilities, damages and costs, including payment of reasonable attorney’s fees, arising out of or resulting from the performance of this Agreement, caused in whole or in part by any negligent or intentional act or omission of CONTRACTOR, its officers, directors, agents, employees, subcontractors, volunteers or anyone directly or indirectly acting on behalf of CONTRACTOR, regardless of whether caused in part by a party indemnified hereunder, in connection with the performance or nonperformance of the Tow Services Agreement, whether or not COUNTY, its officers or employees reviewed, accepted or approved any service or work product performed or provided by CONTRACTOR, and whether or not such liabilities are litigated, settled or reduced to judgment. CONTRACTOR shall, upon COUNTY'S request, defend at CONTRACTOR’S sole cost any action, claim or suit or portion thereof which asserts or alleges any such liabilities, whether well founded or not and whether or not such action, claim or suit also asserts or alleges negligent or wrongful conduct by COUNTY, its officers or employees. In the event that a final decision or judgment allocates liability by determining that any portion of damages awarded is attributable solely to the COUNTY'S active negligence or willful misconduct, COUNTY shall pay the portion of damages which is allocated to COUNTY'S active negligence or willful misconduct. As used herein, the phrase "active negligence or willful misconduct" shall not include the passive negligence of COUNTY, its officers or employees in reviewing, accepting or approving any service or work product performed or provided by CONTRACTOR.

This indemnity obligation shall not be limited by the types and amounts of insurance or self-insurance maintained by CONTRACTOR or CONTRACTOR’S subcontractors at any tier.

Nothing in this indemnity obligation shall be construed to create any duty to, any standard of care with reference to, or any liability or obligation, contractual or otherwise, to any third party.

The provisions of this indemnity obligation shall survive the expiration or termination of the Agreement.

XVIII. INSURANCE

Without limiting CONTRACTOR’S indemnification, CONTRACTOR shall maintain in force at all times during the term of this Agreement and any extensions or modifications thereto, insurance as specified in Exhibit B. It is the responsibility of CONTRACTOR to notify its insurance advisor or insurance carrier(s) regarding coverage, limits, forms and other insurance requirements specified in Exhibit B. It is understood and agreed that COUNTY shall not authorize pay any sum to CONTRACTOR under this Agreement unless and until COUNTY is satisfied that all insurance required by this Agreement is in force at the time services hereunder are rendered. Failure to maintain insurance as required in this agreement will be grounds for material breach of contract.

XIX. COMPENSATION AND PAYMENT OF INVOICES LIMITATIONS

A. CONTRACTOR shall bill the owner of the vehicle towed by CONTRACTOR under the Tow Services Agreement. No vehicle towing or storage charges shall be charged until the vehicle is hooked up to CONTRACTOR’S tow truck and in transit.

COUNTY shall not be liable to CONTRACTOR for any charges incurred for towing or storage service. CONTRACTOR may not charge fees for calls originating from the tow rotation list that are unreasonable or in excess of the rates charged for similar services provided in requests initiated by any other agency or private party.

B. Rates CONTRACTORS may charge for Class A public safety response calls, base service calls, service calls, and after hour releases are specified in Exhibit C and the RFP.

1. CONTRACTOR shall base towing charges upon the class of vehicle being towed regardless of the class of truck used, except when vehicle recovery operations require a larger class truck. Nothing shall prohibit a class B or C operator from maintaining a place on a lighter class rotation tow list, provided the tow truck meets the equipment specifications for that class of operations.

2. Fees for Special Operations: Fees for special operations involving Class B, Class C or Class D tow trucks shall be as specified in Exhibit B and the RFP.

3. CONTRACTOR shall display in plain view at all cashiers’ stations, a sign as described in Section 3070 of the Civil Code, disclosing all towing and storage fees and other charges in force. All lien sale procedures shall be in compliance with the requirements set forth in California Civil Code section 3068 et seq.

4. CONTRACTOR shall display in plain view at all cashiers’ stations, a sign, disclosing the following information:

“Any person being charged for a Lien Processing Fee is entitled to copies of the supporting documentation showing the lien processing completed as of that date.”

5. The approved schedule of rates charged by CONTRACTOR shall be available in the tow truck, and shall be presented upon demand to the person(s) for whom the tow services were provided, or his or her agent, or any Sacramento County Sheriff's Employee at the scene.

6. Rate requirements (as presented in Exhibit C) represent the maximum CONTRACTOR may charge on a COUNTY call and includes all services, equipment, labor and materials used. CONTRACTOR is not precluded from charging less when deemed appropriate by CONTRACTOR. These requirements shall not be construed as requiring a charge when CONTRACTOR would not normally charge for such service. No CONTRACTOR, or his/her employee or agent, shall refer to any rate as the minimum required by COUNTY.

D. CONTRACTOR shall maintain for four years following termination of this agreement full and complete documentation of all services and expenditures associated with performing the services covered under this Agreement. Expense documentation shall include: time sheets or payroll records for each employee; receipts for supplies; applicable subcontract expenditures; applicable overhead and indirect expenditures.

E. In the event CONTRACTOR fails to comply with any provisions of this Agreement, COUNTY may withhold payment until such non-compliance has been corrected.

XX. SUBCONTRACTS, ASSIGNMENT

A. CONTRACTOR shall obtain prior written approval from COUNTY before sub-contracting any of the services delivered under this Agreement. CONTRACTOR remains legally responsible for the performance of all contract terms including work performed by third parties under subcontracts.

Any subcontracting will be subject to all applicable provisions of this Agreement.

CONTRACTOR shall be held responsible by COUNTY for the performance of any subcontractor whether approved by COUNTY or not.

B. This Agreement is not assignable by CONTRACTOR in whole or in part, without the prior written consent of COUNTY.

XXI. AMENDMENT AND WAIVER

Except as provided herein, no alteration, amendment, variation, or waiver of the terms of this Agreement shall be valid unless made in writing and signed by both parties. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent, or any other right hereunder. No interpretation of any provision of this Agreement shall be binding upon COUNTY unless agreed in writing by DIRECTOR and counsel for

COUNTY.

XXII. SUCCESSORS

This Agreement shall bind the successors of COUNTY and CONTRACTOR in the same manner as if they were expressly named.

XXIII. TIME

Time is of the essence of this Agreement. CONTRACTOR shall devote such time to the performance of Services pursuant to the Tow Services Agreement as may be reasonably necessary for satisfactory performance of CONTRACTOR’S obligations under the Agreement. Neither party shall be considered in default of the Agreement, nor be entitled to additional compensation, to the extent performance is prevented or delayed by any cause, present or future, which is beyond the reasonable control of the party.

XXIV. INTERPRETATION

This Agreement shall be deemed to have been prepared equally by both of the parties, and the Agreement and its individual provisions shall not be construed or interpreted more favorably for one party on the basis that the other party prepared it.

XXV. DIRECTOR

As used in this Agreement, "DIRECTOR" shall mean the Sheriff or his/her designee.

XXVI. DISPUTES

In the event of any dispute arising out of or relating to this Agreement, the parties shall attempt, in good faith, to promptly resolve the dispute mutually between themselves. If the dispute cannot be resolved by mutual agreement, nothing herein shall preclude either party’s right to pursue remedy or relief by civil litigation, pursuant to the laws of the State of California.

XXVII. TERMINATION

A. Complaints/Agreement Violations Deviations from the terms of the Agreement and/or complaints received from Sheriff's Employees, other COUNTY employees, or private citizens against CONTRACTOR may be investigated by the Sacramento COUNTY Sheriff's Office or its designee. The Sheriff's Office may take any action, including written warnings, suspension or termination of the Tow Services Agreement or disqualification from the rotational tow program when CONTRACTOR or his or her employees have violated any of the terms of the Agreement or any law or local ordinance. Upon completion of any investigation pursuant to this section, the Sheriff's Office shall inform CONTRACTOR, in writing, of any adverse action to be taken.

The following guidelines are illustrative of the type of violations that will result in action by the Sheriff or his or her designee. All actions taken by the Sheriff or his/her designee will be made after a review of the facts of the case and other instances in which CONTRACTOR has violated the provisions of the Agreement.

The suggested actions listed below may be increased or decreased based upon any mitigating or aggravating circumstances determined during the investigation of the complaint(s).

1. The failure to maintain adequate insurance coverage for any reason at any time during the course of the Agreement will result in immediate suspension from the rotational tow program until proof of valid insurance is received by

COUNTY.

2. Any single failure by CONTRACTOR to answer a phone call from COUNTY for a request for tow service shall result in CONTRACTOR losing their place in the rotation for the beat assigned. Multiple failures by CONTRACTOR to answer a phone call from COUNTY for a request for tow service could result in CONTRACTOR being suspended or removed from the rotation.

3. Failure to respond to an accepted request for tow service within the response times as outlined in Exhibit A, Section VIII, paragraph B will result in a written warning on a first offense, a seven (7) day suspension on a second offense, a thirty (30) day suspension on a third offense, and termination from the Sheriff’s Towing rotation program on a fourth offense, within any twelve (12) month time period.

4. Overcharging for any tow service shall be cause for suspension. The suspension will remain in effect until CONTRACTOR has presented proof to the Sheriff that reimbursement(s) have been made to the aggrieved customer(s).

5. Responding to a call and towing or attempting to tow a vehicle to which the CONTRACTOR was not assigned will result in a thirty (30) day suspension on first offense and termination on second offense within any twelve (12) month time period.

6. Subcontracting for any tow service, or violating the Conflict of Interest provisions in section XIII of the Agreement, will result in termination of the Tow Services Agreement.

7. Inadequate office or storage areas, or employees and equipment not meeting the requirements set forth herein will result in a thirty (30) day suspension on first offense and termination on second offense within any twelve (12) month period.

8. The failure to provide a copy of any lease, modification or extension will result during the course of the Agreement will result in the suspension from the rotational tow program until a copy is received.

9. Discourteous or unprofessional treatment of the public or any COUNTY employee, by any employee of CONTRACTOR in connection with services rendered pursuant to the Tow Services Agreement as found during a suspension hearing will result in a thirty (30) day suspension on the first offense and termination on the second offense within any twelve (12) month time period.

10. CONTRACTOR’S failure to satisfy a court order/judgment mandating reimbursement to a vehicle or property owner for the damage or loss, which occurred while the vehicle was in CONTRACTOR’S custody, will result in a suspension, unless the judgment is on appeal. The suspension will remain in effect until CONTRACTOR has presented proof of the reimbursement to the Sheriff.

11. Any other violation of the Agreement may result in a suspension, termination or disqualification, depending upon the severity of the incident. The COUNTY shall have final say on any proposed punishment(s) as the result of any violation(s) of the Agreement.

12. If the CONTRACTOR is notified by the Sheriff’s Office of an invalid tow or similar instance, requiring pre-payment by the vehicle owner prior to its release shall result in a thirty (30) day suspension.

13. Any flagrant traffic violation(s) may be cause for immediate adverse action against the operator and/or the involved employees. Any conviction of the operator involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a drug related offense, felony driving while under the influence of alcohol and/or a drug, misdemeanor driving while under the influence of alcohol and/or a drug while involved in a rotational tow call shall be cause for denial of application or termination of the Agreement.

14. Any conviction of a CONTRACTOR employee involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a drug related offense, felony driving while under the influence of alcohol and/or a drug, misdemeanor driving while under the influence of alcohol and/or a drug while involved in a rotational tow call shall be cause for the removal of the employee from the list of current tow rotation agreement drivers.

B. Hearing and Appeal of Suspension, Termination or Disqualification

1. In the event the COUNTY serves CONTRACTOR with a notice of suspension, termination or disqualification from the rotational tow program, CONTRACTOR may request an appeal hearing within seven (7) calendar days of such service by submitting a request in writing to the Sheriff. Failure of CONTRACTOR to request an appeal of the decision of the Sheriff within seven (7) days shall constitute a waiver of CONTRACTOR’S right to an administrative appeal of the decision.

If a hearing is requested within the specified timeline, it shall be held as soon as practical while still allowing CONTRACTOR a meaningful time period to prepare a defense. The hearing shall be conducted by the “Tow Review Committee”. The hearing shall be informal and the rules of evidence shall not apply. CONTRACTOR shall be entitled to present all relevant facts in support of their position. The Sheriff’s Towing Officer or Towing Supervisor will be available to answer questions and explain in detail, if needed, why the proposed punishment has been executed.

CONTRACTOR shall be notified in writing of the decision by the Tow Review Committee within ten (10) calendar days of the date of the hearing. The decision of the Tow Review Committee is final and binding, and shall be subject to no further administrative appeal.

Contractor may not appeal a failure to renew this Agreement.

2. In the event the COUNTY suspends a CONTRACTOR from the rotational tow program and the CONTRACTOR seeks an appeal hearing with the Tow Review Committee, the disciplinary action will be enforced pending the administrative appeal process. The CONTRACTOR agrees he or she shall not be entitled to recover any costs, compensation, damages, and/or expenses of any type or description from or file a claim against the COUNTY, its officers, employees, and appointees, including but not limited to members of the Tow Review Committee, arising out of or related to, in any manner, a complaint filed against or discipline imposed upon the

CONTRACTOR.

3. In the event COUNTY terminates or disqualifies the CONTRACTOR from the Tow Services Agreement, the termination or disqualification will not be stayed pending the administrative appeal process. The CONTRACTOR agrees he or she shall not be entitled to recover any costs, compensation, damages, and/or expenses of any type or description from or file a claim against COUNTY, its officers, employees, and appointees, including but not limited to members of the Tow Review Committee, arising out of or related to, in any manner, a complaint filed against or discipline imposed upon

CONTRACTOR.

4. In the event CONTRACTOR is terminated from the rotational tow program, the termination shall remain in effect for at least twelve (12) months following the notice of termination. Thereafter, CONTRACTOR may apply for reinstatement to the rotational tow program on an annual basis.

Reinstatement to the program shall be at the discretion of the Sheriff.

XXVIII. REPORTS

CONTRACTOR shall, without additional compensation therefore, make fiscal, program evaluation, progress, and such other reports as may be reasonably required by DIRECTOR concerning CONTRACTOR’S activities as they affect the contract duties and purposes herein. COUNTY shall explain procedures for reporting the required information.

XXIX. AUDITS AND RECORDS

The COUNTY or its designee shall have the right at reasonable times and intervals to audit, at CONTRACTOR’S premises, CONTRACTOR’S financial and program records as COUNTY deems necessary to determine CONTRACTOR’S compliance with legal and contractual requirements and the correctness of claims submitted by CONTRACTOR. CONTRACTOR shall maintain such records for a period of four years following termination of the Agreement, and shall make them available for copying upon COUNTY'S request at COUNTY'S expense.

CONTRACTOR shall maintain records of tow services furnished for all public agencies as well as all private persons or entities while participating in the rotational tow program, including those described below, at a minimum. Such records shall open to inspection during business hours immediately upon request by representatives of the Sacramento COUNTY Sheriff's Office. Failure to make records, including insurance policies, available immediately upon request shall be grounds for immediate suspension or termination from the rotational tow program.

1. Tow Services

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

b. VIN and license number, make, year, and model of each vehicle towed.

c. Location from which the vehicle was towed.

d. Name or employee number of driver and truck assigned to the tow.

e. Location to which vehicle was towed (if different from CONTRACTOR’S primary storage facility.)

f. Reason for tow, whether impound, accident, stolen recovery, abandoned, etc., if available. Include any vehicle codes listed by Sheriff’s Officer who directed the tow of the vehicle.

g. Location to which vehicle was towed (if secondary tow is made).

h. Name of party to whom the vehicle was released, if applicable.

i. Method and date of payment.

j. All fee and charges for the tow, showing specifically towing, storage, lien fees, etc.

k. Any items of personal property released from any vehicle, including the date, time, and name of person receiving the items.

l. Disposition and sale price of towed vehicles that are unclaimed.

2. Date and Time (by means of a computer or time stamp)

a. Date and time the request for tow is received.

b. Date and time a tow unit is assigned for service.

c. Date and time the tow unit arrives at the location of the requested service.

d. Date and time the tow unit arrives at the CONTRACTOR’S storage facility.

e. Date and time of release of the vehicle.

f. Date the lien processing begins. (If applicable)

g. Date the notice of lien sale is mailed. (If applicable)

3. Lien sale data

a. Date and time of lien sale.

b. Location of lien sale.

c. Identification of purchaser.

d. Monies received as a result of the lien sale.

e. Amount of excess monies forwarded to the state.

XXX. PRIOR AGREEMENTS

This Agreement constitutes the entire contract between COUNTY and CONTRACTOR regarding the subject matter of this Agreement. Any prior agreements, whether oral or written, between COUNTY and CONTRACTOR regarding the subject matter of this Agreement are hereby terminated effective immediately upon full execution of this Agreement.

XXXI. SEVERABILITY

If any term or condition of this Agreement or the application thereof to any person(s) or circumstance is held invalid or unenforceable, such invalidity or unenforceability shall not affect other terms, conditions, or applications which can be given effect without the invalid term, condition, or application; to this end the terms and conditions of this Agreement are declared severable.

XXXII. FORCE MAJEURE

Neither CONTRACTOR nor COUNTY shall be liable or responsible for delays or failures in performance resulting from events beyond the reasonable control of such party and without fault or negligence of such party. Such events shall include but not be limited to acts of God, strikes, lockouts, riots, acts of war, epidemics, acts of government, fire, power failures, nuclear accidents, earthquakes, unusually severe weather, acts of terrorism, or other disasters, whether or not similar to the foregoing, and acts or omissions or failure to cooperate of the other party or third parties (except as otherwise specifically provided herein).

XXXIII. SURVIVAL OF TERMS

All services performed and deliverables provided pursuant to this Agreement are subject to all of the terms, conditions, price discounts and rates set forth herein, notwithstanding the expiration of the initial term of this Agreement or any extension thereof. Further, the terms, conditions and warranties contained in this Agreement that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Agreement shall so survive.

XXXIV. DUPLICATE COUNTERPARTS

This Agreement may be executed in duplicate counterparts. The Agreement shall be deemed executed when it has been signed by both parties.

XXXV. ADDITIONAL PROVISIONS

The additional provisions contained in Exhibits A, B, and C are attached hereto are part of this Agreement and are incorporated herein by reference.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the day and year first written above.

COUNTY OF SACRAMENTO, a political subdivision of the State Tow Company California

By ______________________ By ____________________________ James A. Cooper, Sheriff Owner

Date: ___________________________ Date: ___________________________

Authorized on behalf of County By Board Resolution

APPROVED AND REVIEWED AS TO FORM

By: ___________________________Date: ___________________________ Deputy County Counsel

EXHIBIT A to Agreement between the COUNTY OF SACRAMENTO, hereinafter referred to as "COUNTY," and ACCEPTED TOW COMPANIES, hereinafter referred to as "CONTRACTOR"

SCOPE OF SERVICES

I. SERVICE LOCATION(S)

Assignment to a Tow District

Upon acceptance into the Tow Rotation Program COUNTY will assign a Contractor to one (1) or more of the five (5) following operational divisions:

North 1: All unincorporated areas of Sacramento County within the boundaries of:

The Sacramento County line to the west, the Sacramento County line to the north, the American/Sacramento Rivers to the south and areas west of Interstate 80.

(Excluding the city limits of Sacramento)

North 2: All unincorporated areas of Sacramento County within the boundaries of:

The Sacramento County line to the North, the Folsom City limits/Sacramento County line to the east, the American River to the south and areas east of Interstate 80.

(Excluding the City limits of Citrus Heights)

South 1: All unincorporated areas of Sacramento County within the boundaries of:

The American/Sacramento Rivers to the north, the Sacramento County line/Sacramento City limits to the west, areas north of Florin Road and areas east of Watt Ave/Elk Grove Florin Road. (Excluding the City limits of Elk Grove and Galt)

South 2: All unincorporated areas of Sacramento County within the boundaries of:

The American River/Folsom City limits to the north, the Sacramento County line to the east, areas east of Watt Ave/Elk Grove Florin Road/Highway 99, the Sacramento County line to the south.

South 3: All unincorporated areas of Sacramento County within the boundaries of:

The Sacramento County line to the west, areas south of Florin Road, areas west of Watt Ave/Elk Grove Florin Road/Highway 99, the Sacramento County line to the south.

III. DESCRIPTION OF SERVICES

DEFINITION OF TERMS

Base Services Any service or tow which is performed when the vehicle operator or agent is present and the vehicle is not stored at the direction of an officer.

COUNTY

County of Sacramento, including the Sacramento County Sheriff’s Office.

CONTRACTOR

The successful proposer with which a contract is established to provide the services described in the Tow Services Agreement.

Disqualification The elimination of a CONTRACTOR from any further participation in the Sacramento Sheriff Office’s tow rotation program for a minimum of four (4) years from the date of disqualification.

Load Salvage Operations Any operation involving the recovery of a load which has been spilled, or the off-loading and reloading of a load from an overturned vehicle performed in order to upright the vehicle.