Loading...
All tow service vehicles and all tow vehicle operators will meet all legal requirements in respect to proper licensing, mechanical equipment, emergency lighting, towing, storage, lien selling, or junking. Tow service providers will comply with all vehicle code sections pertaining to required equipment (VC 27700), lighting equipment (VC24605-06, 25110, 25253), signs (VC27907), drivers (VC2430, 2431, 2436.5, 2436.7, 2432). Tow service providers will also comply with Vehicle Code Section 10652 requiring the reporting of vehicles stored for a period of thirty days or more. The police department will be supplied with a copy of the report required under Vehicle Code Section 10652. (Ord. 01-02 § 1 (part), 2001)
Tow service providers shall indemnify and save the city and its officers, agents and employees harmless against all claims for damages to persons or property arising out of tow service providers execution of the work, or otherwise by the conduct of the operator or its employees, agents, subcontractors, or others (including the active and passive negligence of the city, its officers, agents and employees) in connection with the execution of the work covered by this contract and any and all costs, expenses, attorney's fees and liability incurred by the city, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not, except only for those claims arising from the sole negligence or willful misconduct of the city, its officers, agents, or employees. Further, tow service provider at his own expense shall, upon written request by the city, defend any such suit or action brought against the city, its officers, agents or employees.
Tow service providers shall reimburse the city for all costs and expenses (including but not limited to fees and charges of engineers, attorneys, and other professionals and court costs) incurred by city in enforcing the provisions of this section. (Ord. 01-02 § 1 (part), 2001)
A. Tow service provider shall, throughout the duration of its contract, maintain comprehensive general liability and property damage insurance, or commercial general liability insurance, covering all its operations, its agents and employees, performed in connection with the contract including but not limited to premises and automobile.
B. Tow service provider shall maintain the following minimum limits:
1. General liability: combined single limit per occurrence-one million dollars;
2. Automobile liability; combined single limit per occurrence-one million dollars.
C. All insurance companies affording coverage to the tow service provider shall be required to add the city as "additional insured" under the insurance policy.
D. All insurance companies affording coverage to the tow service provider shall be insurance organizations authorized by the Insurance Commissioner of the State Department of Insurance to transact business of insurance in the state of California.
E. All insurance companies affording coverage shall provide thirty days' written notice to the city should the policy be canceled before the expiration date. For the purposes of this notice requirement, any material change in the policy prior to the expiration shall be considered a cancellation.
F. Tow service provider shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance, in a form satisfactory to the city attorney, concurrently with the submittal of the application. A statement of the insurance certificate which states that the insurance company "will endeavor" to notify the certificate holder, "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" does not satisfy the requirements. The tow service provider shall ensure that the above quoted language is stricken from the certificate by the authorized representative of the insurance company.
G. Tow service provider shall provide a substitute certificate of insurance no later than thirty days prior to the policy expiration date. Failure by the operator to provide such a substitution and extend the policy expiration date shall be considered a default by tow service provider.
H. Maintenance of insurance by the tow service provider as specified in this chapter shall in no way be interpreted as relieving the tow service provider of any responsibility whatever and the tow service provider may carry, at its own expense, such additional insurance as it deems necessary.
I. Pursuant to Labor Code Section 3700, the tow service provider shall be insured against liability for worker's compensation or undertake self-insurance in accordance with provisions of that code, and provide certification of such compliance as part of the application process. (Ord. 01-02 § 1 (part), 2001)
Tow service providers will furnish the necessary personnel and equipment to pick up, tow away and lawfully dispose of all motor vehicles abandoned in the city, irrespective of value, as designated by the police department.
A. Abandoned vehicles will be removed from city streets and private property without charge to the city if requested by police or code enforcement personnel. Abandoned vehicle impounds requested by private property owners are not a police matter and will be subject to rates and fees established by the tow company.
B. Abandoned vehicles will, if at all possible, be towed during Monday through Friday, eight a.m. to five p.m. (Ord. 01-02 § 1 (part), 2001)
The tow service provider will accept the decision of the chief of police as it relates to the assignment of calls, if more than one business or company operates as a tow service provider. The city will make every attempt to equally distribute the calls-for-service on a "rotation" basis. The city retains the right to assign at its election, where in its sole discretion it determines that a particular service or equipment is required and convenience to the particular need, which would permit them, when they feel a particular operator can service a particular need better than another, or has equipment. more appropriate than another, to exercise discretion in the assignment. (Ord. 01-02 § 1 (part), 2001)
The chief of police or designee will maintain a record file of each tow service provider. Such file will include the tow service provider's application for a tow services contract, a copy of the contract, copy of insurance coverages, and a record of all inspections and complaints regarding the respective tow service providers. (Ord. 01-02 § 1 (part), 2001)
Loading...