(A) Form of agreement; execution. Any towing company selected to be an authorized towing contractor shall enter into a towing service agreement with the city. The towing service agreement shall be in a form approved by the City Attorney and shall be attached to any request for proposals issued pursuant to § 5.52.060. Each authorized towing contractor shall execute the towing service agreement, in the form approved by the City Attorney within 30 calendar days after selection as an authorized towing contractor. By submitting a proposal, each towing company shall be deemed to have agreed to execute the towing service agreement in the form attached to the request for proposals. The Police Chief is authorized to execute towing service agreements on behalf of the city.
(B) Terms of agreement. The towing service agreement shall incorporate the terms and conditions of this chapter and the rules and specifications, and shall include, without limitation, at least the following provisions:
(1) Minimum requirements and performance standards for tow vehicles and other equipment, vehicle storage facilities, tow drivers and other personnel, and non-consensual towing services.
(2) Procedures for handling and protecting vehicles in the authorized towing contractor's care, custody or control.
(3) Conditions for releasing vehicles.
(4) A provision requiring the authorized towing contractor to defend, indemnify, and hold the city harmless of any liability arising from the alleged acts, errors or omissions of the authorized towing contractor in connection with the non-consensual towing services or the towing service agreement.
(5) Minimum insurance coverages and amounts, satisfactory to the city's risk manager.
(6) The term of the agreement and grounds for its suspension, termination or cancellation. Notwithstanding anything to the contrary in this chapter or in the rules and specifications, the Police Chief shall have the right to terminate any authorized towing contractor at any time and without cause by giving written notice before the effective date of such termination.
(Ord. 3194 § 1 (part), 2015.)