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Ordinance No. 1231ORDINANCE NO. 1231 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING TO U.S. TOW, INC., A FRANCHISE TOWING SERVICES AGREEMENT WHEREAS, the City of Vernon (the "City") is a municipal. corporation and a chartered city of the State of California organized and existing under its Charter and the Constitution of the State of California; and WHEREAS, on October 2, 2012, the City Council of the City of Vernon adopted Ordinance No. 1198 adding Chapter 4B of the Vernon Municipal Code to establish a non-consensual franchise towing fee; and WHEREAS, on or about March 2015, the Police Chief issued a Request for Proposals for the City's Franchise Tow Fee Program; and WHEREAS, the City Council of the City of Vernon desires to grant a Franchise Towing Services Agreement to U.S. Tow, Inc.; and WHEREAS, the City Council of the City of Vernon is authorized by City Charter Section 8.9 to grant a franchise in the City of Vernon to any person, firm, corporation, or other entity and to set terms, conditions, restrictions and limitations by ordinance. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 2: GRANT OF FRANCHISE. A non-exclusive franchise shall be, and the same is hereby granted by the City Council of the City of Vernon to U.S. Tow, Inc., its lawful successors or assigns to provide official non-consensual police towing services to the Vernon Police Department. Said franchise is further described and depicted in the Franchise Towing Services Agreement, in substantially the same form as attached hereto as Exhibit A and incorporated herein by reference. SECTION 3: FRANCHISE TERM. The franchise shall endure in full force and effect for three (3) years, subject to the terms and conditions of the Franchise Towing Services Agreement. SECTION 4: FRANCHISE FEE. The grantee of the franchise, during the life thereof, will pay to the City five percent (5°s) of the gross annual receipts of the grantee arising from the use, operation or possession of the franchise. SECTION 5: VERIFIED STATEMENT OF GROSS RECEIPTS. The grantee shall file with the City Clerk of the City, within three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the granting of this franchise, and within three (3) months after the expiration of each calendar year thereafter, a verified statement showing in detail the total gross receipts for the grantee derived during the preceding calendar year, or such fractional calendar year, from the provision of official police towing services within the limits of the City. The grantee shall pay to the City within fifteen (15) days after the time for filing said statement, in lawful money of the United States, the aforesaid percentage of its gross receipt for the calendar year, or fractional calendar year, covered by said statement. Any neglect, omission or refusal by grantee to file said verified statement, or to pay said percentage at the times or in the manner hereinbefore provided, shall constitute grounds for the declaration of forfeiture of this franchise and of all rights of grantee hereunder. However, - 2 - grantee has the ability to cure under Section 12. Further, the City is responsible for insuring that grantee has the appropriate financial institution information for electronic transfer of the franchise fee in a timely manner. Any delays caused by incorrect financial institution information shall not constitute grounds for the declaration of a forfeiture of this franchise. SECTION 6: WRITTEN ACCEPTANCE REQUIRED. The franchise granted hereby shall not become effective until written acceptance thereof shall have been filed by grantee with the City Clerk. SECTION 7: ABANDONMENT OF PRIOR FRANCHISES. The franchise granted by this Ordinance is in lieu of all other franchises, rights or privileges owned by the grantee, or by any successor of the grantee to any rights under the franchise, for providing official police towing services throughout the limits of the City of Vernon as such limits exist at the time of the granting of the franchise or as they may thereafter, except any franchise derived under Section 19 of Article IX of the Constitution as that section existed prior to the amendment thereof adopted October 10, 1911. The acceptance of the franchise granted by this Ordinance shall operate as an abandonment of all such franchises, rights, and privileges within the limits of City as such limits at any time exist, in lieu of which the franchise is granted by this Ordinance. SECTION 8: EMINENT DOMAIN. The granting of the franchise shall not in any way impair or affect the right of the City to acquire the property of the grantee by purchase or condemnation, and nothing contained in this franchise shall be construed to contract away, modify or abridge either for a - 3 - term or in perpetuity the City's right of eminent domain. SECTION 9: VALUE OF FRANCHISE. By acceptance of the franchise, the grantee, for itself, its successors and assigns, agrees that in any proceeding of any character before any court, commission, administrative body, board of arbitration or other public authority, no greater value shall be placed upon the franchise in excess of the cost to the grantee of the necessary publication and any other sum paid by grantee to the City therefor at the time of acquisition. SECTION 10: NONCOMPLIANCE. If the grantee of the franchise granted by this Ordinance fails, neglects, or refuses to comply with any of the provisions or conditions prescribed .in this ordinance or the Franchise Act of 1937, and does not within ten (10) days after written demand for compliance begin the work of compliance, and after such beginning does not prosecute the work with due diligence to completion, the City, by its City Council, may declare the franchise forfeited. The City may sue in its own name for the forfeiture of the franchise granted pursuant to this Ordinance, in the event of noncompliance with any of the conditions thereof by the grantee, its successors, or assigns. SECTION 11: CONFORMITY TO RULES AND STATUTORY REQUIREMENTS. The grantee of the franchise granted by this Ordinance shall comply with all of the ordinances and rules adopted by the City Council of the City of Vernon in the exercise of its police powers and not in conflict with the paramount authority of the State. All work undertaken or performed pursuant to the provisions of the franchise shall be of the standard required by law, and by any other body or governmental authority having jurisdiction in the premises. Where not - 4 - in conflict with State law, or other governmental authority having jurisdiction in the premises, tow services shall be performed in accordance with the rules and regulations and ordinances of the City. SECTION 12: INDEMNIFICATION. The grantee shall indemnify and hold harmless the City, its officers, agents and employees, from all liability for damages proximately resulting from any operations under this franchise. SECTION 13: ASSIGNMENT. Grantee shall not assign or transfer any interest in the franchise without the express prior written consent and approval of City Council. Any unauthorized assignment or transfer of Franchisee's rights or obligations under this Agreement shall be null and void and shall constitute a material breach by Franchisee of this Agreement. SECTION 14: PERFORMANCE BOND. (a) At the option of the City, grantee shall either (a) reduce or eliminate any deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, representatives, attorneys, and volunteers; or (b) file with the City Clerk a corporate surety bond running to City and guaranteeing payment of losses and related investigations, claim administration and defense expenses. The bond shall be conditioned that grantee shall well and truly observe, fulfill and perform each term and condition of the franchise, and that in case of any breach of condition of the bond the amount of the penal sum therein shall be recoverable. If City elects option (b) above, Grantee shall file such bond within five (5) days after the adoption of this ordinance. (b) Grantee shall maintain the bond in full force and effect throughout the term of this franchise, at grantee's sole - 5 - expense. The bond shall be issued by an admitted surety insurer and comply with the requirements of the Bond and Undertaking Law, codified in Code of Civil Procedure Sections 995.010 et seq. This franchise shall be considered a "license or permit" within the meaning of the Bond and Undertaking Law, solely for purposes of application of such law to the bonding requirements of this section. SECTION 15: LIABILITY. The grantee of the franchise under this Ordinance shall be liable to the City for all damages proximately resulting from the failure of the grantee to well and faithfully observe and perform any provision of the franchise or any provision of the Franchise Act of 1937. SECTION 16: Repeal. Any ordinance or parts of an ordinance in conflict with this Ordinance are hereby repealed. SECTION 17: Severability. If any chapter, article, section, subsection, subdivision, paragraph, sentence, clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more chapters, articles, sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases or words be declared unconstitutional, or invalid, or ineffective. - 6 - SECTION 18: Book of Ordinances. The City Clerk, or Deputy City Clerk, shall attest and certify to the adoption of this Ordinance and shall cause this Ordinance and the City Clerk's, or Deputy City Clerk's, certification to be entered in the Book of Ordinances of the Council of this City. The City Clerk, or Deputy City Clerk, shall cause this ordinance to be published or posted as required by law. SECTION 19: Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty- first (31st) day after its passage. APPROVED AND ADOPTED this 15th day of September, 2015. ATTEST: ��-e, aria EGA Ayala City Clerk / Deputy C1'ty--Olerk'. Name: W. Michael McCormick Title: Mayor /--Mayor Pro=Teif APPROVED AS TO� FORM: Brian W. Byun, De -6 ty City Attorney - 7 - STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES I, Maria E. Ayala , City Clerk / F>eputy G4:t- y­-42�le k' of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1231 was duly and regularly introduced at a regular meeting of the City Council of the City of Vernon, held in the City of Vernon on Tuesday, September 1, 2015, and thereafter adopted at a meeting of said City Council held on Tuesday, September 15, 2015, by the following vote: AYES: Councilmembers: Mayor McCormick, Mayor Pro -Tem Davis, Martinez, Ybarra NOES: Councilmembers: None ABSTAIN: Councilmembers: None ABSENT: Councilmembers: Woodruff -Perez And thereafter was duly signed by the Mayor or Mayor Pro -Tem of the City of Vernon. Executed this }L day of September, 2015, at Vernon, California. (SEAL) - 8 - Mar a E. AyalA City Clerk / Deputy-City-GlerjC CITY OF VERNON FRANCHISEE TOWING SERVICES AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND U.S. TOW. INC. Franchisee: Responsible Principal of Franchisee: Notice Information - Franchisee: Notice Information - City: Commencement Date: Termination Date: Consideration: COVER PAGE U.S. Tow, Inc. Moshe Ben Dayan, President/CEO U.S. Tow, Inc. 2119 East 251h Street Los Angeles, CA 90058 Attention: Moshe Ben Dayan, President/CEO Phone: (213) 749-7100 Facsimile: (213) 749-0272 City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Daniel Calleros, Police Chief Telephone: (323) 583-8811 ext. 114 Facsimile: (323) 826-1481 No earlier than thirty-one (31) days after approval by City Council of City of Vernon of ordinance granting franchise to U.S. Tow, Inc. Three (3) years from Commencement Date, inclusive Payment is made by Franchisee to City pursuant to Section 3 of this Agreement. Payment is made to Franchisee by City pursuant to Section 5 of this Agreement. Records Retention Period Three (3) years, pursuant to section 15.3 CITY OF VERNON FRANCHISEE TOWING SERVICES AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND U.S. TOW, INC. This Agreement is made and entered into by and between the City of Vernon ("City"), a California charter City and California municipal corporation, and U.S. Tow, Inc. ("Franchisee"), a Police Towing Company with its principal place of business at 2119 East 251h Street, Los Angeles, CA 90058 (collectively, the "Parties") to provide for towing services to the City. The Parties agree as follows: RECITALS WHEREAS, Franchisee shall provide police towing services to the City of Vernon as set forth in the Request for Proposal issued in or about March 2015, Exhibit A, and Franchisee's proposal to the City ("Proposal') dated April 16, 2015, Exhibit B, both of which are attached to and incorporated into this Agreement, by reference. WHEREAS, pursuant to Chapter 413 of the Vernon Municipal Code, Franchisee has applied for a Police Towing Franchise ("Franchise"); and WHEREAS, the City Council has determined that Franchisee has demonstrated compliance with Chapter 48 of the Vernon Municipal Code and has agreed to comply with all provisions of that Chapter; and WHEREAS, it is required that City and Franchisee enter into this Franchise Towing Services Agreement ("Agreement") for police towing services in the City of Vernon; and WHEREAS, additional conditions have been imposed upon this grant of Franchise. NOW, THEREFORE, the Parties do hereby agree as follows: Section 1. GRANT OF FRANCHISE. Subject to approval by the City Council of the City of Vernon of an ordinance granting the franchise and to the requisite thirty-one (31) days' waiting period before such ordinance becomes effective, City grants to Franchisee a Police Towing Franchise authorizing Franchisee to engage in the business of Police Towing as set forth in chapter 4B of the Vernon Municipal Code in the City of Vernon and to use the public streets and rights of way for such purpose. This grant is pursuant to the City's Request for Proposal and to Franchisee's proposal for the Franchise. Franchisee is subject to the terms and conditions specified in Chapter 8.9 of the Charter of the City of Vernon, the provisions of Chapter 413 of the Vernon Municipal Code, the terms and conditions specified in all related resolutions, the terms and conditions of this Agreement, the representations and assurances in Franchisee's application for the Franchise. Section 2. TERM OF FRANCHISE. The term of this Franchise granted to Franchisee shall be for three (3) years, effective from thirty-one (31) days after the date upon which the City Council of the City of Vernon PM approves the ordinance granting the Franchise (the "Effective Date") to the date that is three (3) years from the Effective Date, inclusive. Section 3. FRANCHISE FEES. 3.1 During the term of the Franchise, Franchisee shall pay a franchise fee to City in an amount equal to 5% of Franchisee's gross annual receipts arising from the use, operation or possession of the Franchise, which fees shall be assessed from the date on which the ordinance granting this Franchise became effective and in accordance with Section 413.8 of the Vernon Municipal Code and any Resolution adopted by the City Council and in such other amounts as are set forth in any subsequent resolutions that may be adopted by the City Council at any time during the term of the Agreement. 3.2 The Franchisee shall file with the City Clerk of the City, within three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the granting of this franchise, and within three (3) months after the expiration of each calendar year thereafter, a verified statement showing in detail the total gross receipts for the Franchisee derived during the preceding calendar year, or such fractional calendar year, from the provision of official police towing services within the limits of the City. The Franchisee shall pay to the City within fifteen (15) days after the time for filing said statement, in lawful money of the United States, the aforesaid percentage of its gross receipt for the calendar year, or fractional calendar year, covered by said statement. Any neglect, omission or refusal by Franchisee to file said verified statement, or to pay said percentage at the times or in the manner hereinbefore provided, shall constitute grounds for the declaration of forfeiture of this Franchise and of all rights of Franchisee hereunder pursuant to the procedures set forth in Sections 11 and 12 herein. However, Franchisee has the ability to cure. Further, the City is responsible for insuring that Franchisee has the appropriate financial institution information for electronic transfer of the franchise fee in a timely manner. Any delays caused by incorrect financial institution information shall not constitute grounds for the declaration of a forfeiture of this Franchise. 3.3 Franchisee shall timely pay all required franchise fees to: City of Vernon Attention: Finance Director 4305 Santa Fe Avenue Vernon. CA 90058 Each payment shall be accompanied by a written statement, verified by the Franchisee or a duly authorized representative of the Franchise, showing in such form and detail as the Finance Director of the City of Vernon may prescribe, the calculation of the franchise fee payable by the Franchisee and such other information as the Finance Director may require as material to a determination of the amount due. 3.4 The first payment of the franchise fee will be due on November 15, 2015, and payments shall be due monthly thereafter on the 15th day of each month. 3.5 When Franchisee remits franchise fees to the City, such franchise Fees shall be deemed timely paid only if delivered or postmarked on or before the due date. If fees are not timely paid, Franchisee shall be subject to suspension or termination of the Franchise pursuant to Section 14 of this Agreement and/or to any other penalties which may be -3- established and assessed by the City, including, but without limitation, late fees assessed at the rate of five percent (5%). Section 4. TOWING SERVICES. 4.1 Franchisee shall provide Police Towing services, as set forth in Exhibit A, which is the City's Request for Proposals for Official Police Tow Services, and which includes, but without limitation, strictly adhering to the eligibility requirements, operating regulations, fees schedules, standards for tow truck equipment, standard rules of operation, response time, inspection, information regarding new or terminated tow truck drivers, tow driver training, and as set forth in Exhibit B which is Franchisee's response to the City's Request for Proposals. All services by Franchisee shall comply will all provisions of federal, state and local law and regulation, including, but without limitation Chapter 4B of the Vernon Municipal Code. 4.2 Franchisee understands and agrees that, although the City is granting it a franchise as a police towing service, the City may requisition towing services from other service providers as set forth in Section 4B.12 of the Vernon Municipal Code, or if Franchisee is otherwise unavailable for any reason, in the reasonable discretion of the Vernon Chief of Police and including, but without limitation, suspension or termination of the Franchisee. Section 5. RATES. CHARGES AND PAYMENT. 5.1 The rates and charges for towing and storage in connection with this Franchise shall be established by the Franchisee. 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 $140.00 and the storage charge shall be $40.00 per day, unless or until otherwise modified by the City. A sign showing the approved rates and charges shall be conspicuously posted in the Franchisee's tow office and shall be posted in a conspicuous place in the interior of each tow truck operated by Franchisee. 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. As part of the award of franchise the Franchisee will be requested to establish an after-hours release fee not to exceed Yz of the impound fee in addition to other established fees. Section 6. REPORTS. Franchisee shall file a monthly towing report with the Chief of Police along with payment of its monthly franchise fees. The report shall be submitted to. Vernon Police Department Attention: Police Chief 4305 Santa Fe Avenue Vernon, CA 90058 The report shall include the information required by Section 4B.10(H) of the Vernon Municipal Code for Franchisee and its subcontractors, certified as true and correct under penalty of perjury by a responsible owner or official of the Franchisee. Section 7. FRANCHISEE'S RECORDS, 7.1 The Franchisee shall maintain accurate and complete books and accounts of all revenues and income arising out of its operations under the Franchise and in a manner, which conforms to generally accepted accounting principles. Franchisee's books, accounts and records, arising out of or related to its operation under the Franchise, shall at all times be open to inspection, examination and audit by authorized officers, employees and agents of the City. Such records shall be kept at Franchisee's place of business shown in this Agreement for receipt of notices. 7.2 Franchisee shall require its subcontractors, if any, who perform Police Towing services in connection with the Franchise to keep and maintain books of account and other records showing all business transactions conducted by such subcontractors in connection with the Franchise. Franchisee agrees to use its best efforts to avoid duplication of reporting between Franchisee and its subcontractors. Section 8. TOW VEHICLE AND DRIVER, REPORTING. COMPLIANCE. AND IDENTIFICATION. 8.1 Franchisee shall maintain on file with the City, a complete and accurate listing of every vehicle operated by Franchisee for police towing services. Franchisee shall certify, in a form acceptable to City, that every such vehicle conforms with regional and State vehicle emission standards ("emission standards"), and shall provide documentation of compliance on written request of the City. Franchisee understands and agrees that failure to comply with emission standards may result in suspension, termination or non -renewal of a Franchise. 8.2 Every vehicle operated by Franchisee and for Police Towing services in the City shall bear the following identification: Franchisee's trade name, monogram or insignia, the Franchise vehicle number, together with Franchisee's telephone number painted on both sides of the vehicle. All lettering mentioned in this paragraph shall be not less than 2-1/4" in height and not less than 5/6" stroke. The Franchisee agrees to remove the Franchise vehicle number and all other information within 30 calendar days after the Franchise is terminated or the vehicle is sold, transferred or taken out of service. 8.3 Franchisee shall file with the Vernon Police Department, the name, address, date of birth, driver's license number, and all identification required of any tow unit driver working for Franchisee, whether as an employee or as a contractor, which information shall be filed not later than ten (10) business days following the effective date of employment or engagement. Franchisee shall also notify the Vernon Police Department within ten (10) business days of the following occurrences: the license suspension of any tow unit driver, and the end of employment, or engagement, of any tow unit driver with Franchisee. Section 9. INDEMNIFICATION OF CITY. 9.1 Franchisee shall indemnify and hold the City harmless from and against any and all loss, damages, liability, claims, suits, costs and expenses, fines, charges or penalties whatsoever, including reasonable attorney's fees, regardless of the merit or outcome of any such claim or suit, arising from or in any manner related to the services provided or business conducted under Chapter 4B of the Vernon Municipal Code or otherwise pursuant to this Agreement. -5- 9.2 Franchisee shall indemnify the City, defend with counsel approved by the City, protect and hold harmless the City, its officers, employees, agents, assigns, and any successor or successors to the City's interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damage, punitive damages, injuries, costs, response, remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines and charges, penalties and expenses (including, but not limited to, attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, the City or its officers, employees, agents or the Franchisee arising from or attributable to any repair, remediation, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, or closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous waste at any place where the Franchisee stores or dispose of solid or hazardous waste. The foregoing indemnity is intended to operate as an Agreement pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 United States Code Section 9607, and California Health and Safety Code Section 25364, and any successor provisions, to insure, protect, hold harmless, and indemnify the City from liability. Section 10. INSURANCE REQUIREMENTS. 10.1 Franchisee shall, at its sole cost and expense, procure and maintain in full force and effect, throughout the term of this Agreement, inclusive of any renewal term granted by City, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by the Franchisee, its agents, representatives, employees or subcontractors. Franchisee shall procure and maintain insurance policies of the types and meeting the requirements set forth below, and shall provide to the City a Certificate of Insurance, or other such evidence reasonably acceptable to the City, verifying the existence of such policies: 10.2 Minimum Scone of Insurance Coveraae. Franchisee shall procure and maintain policies of insurance with minimum scopes of coverage AT LEAST as broad as the following: (a) Comprehensive General Liability Insurance. (b) Comprehensive Vehicle Liability Insurance. (c) Workers' Compensation Insurance as required by the State of California and Employer's Liability Insurance. 10.3 Minimum Limits. Vendor shall maintain insurance with minimum limits NO LESS THAN the following: (a) General Liability of Two Million Dollars ($2,000,000) for each occurrence and in the aggregate, combined single limit, against any bodily injury, death, personal injury, or property damage. In Comprehensive General Liability Insurance or other form in which a general aggregate limit is used, the general limit shall apply separately to this Agreement or the general limit shall be TWICE the required occurrence limit. (b) Automobile Liability of One Million Dollars ($1,000,000) per accident for bodily injury and property damage. (c) Garage Keepers Legal Liability coverage with minimum limits of Two Hundred Fifty Thousand Dollars ($250.000) per occurrence. (d) Employer's Liability of One Million Dollars ($1,000,000) per accident for bodily injury or disease. (e) Worker's Compensation and Employer's Liability Insurance in an amount required by law. 10.4 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, Franchisee shall either: (a) Reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected and appointed officials, officers, employees, agents, representatives, attorneys, and volunteers; OR (b) Procure a bond, guaranteeing payment of losses and related investigations, claim administration and defense expenses. Under this option, Franchisee shall file such bond within five (5) days after the adoption of the ordinance approving this Agreement. Franchisee shall maintain the bond in full force and effect throughout the term of the Franchise, at Franchisee's sole expense. The bond shall be issued by an admitted surety insurer and comply with the requirements of the Bond and Undertaking Law, codified in Code of Civil Procedure Sections 995.010 et seq. This franchise shall be considered a "license or permit" within the meaning of the Bond and Undertaking Law, solely for purposes of application of such law to the bonding requirements of this section. 10.5 Reauired Endorsements. All of the policies required by this Agreement shall contain, or be endorsed to contain, the following provisions: (a) City, its elected and appointed officials, officers, employees, agents, representatives, attorneys and volunteers shall be named as additional insured parties, and the policies shall specifically state that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this Agreement. (b) The insurance coverage provided by the Franchisee shall be primary to any coverage available to the City. Any insurance or self-insurance maintained by City, its officers, officials, employees or volunteers shall be in excess of Franchisee's own insurance and shall not contribute with it. (c) The insurance policies shall contain no special limitations on the scope of protection afforded to the City, its elected and appointed officials, officers, employees, agents, representatives, attorneys or volunteers. Further, the policies shall expressly waive the right of subrogation against City, its elected and appointed officials, officers, employees, agents. representatives, attorneys or volunteers. -7- (d) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its elected and appointed officials, officers, employees, agents, representatives, attorneys or volunteers. (e) The insurance coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (f) Each insurance policy required by this section shall be endorsed to state that coverage SHALL NOT be suspended, voided, and/or canceled by either party, and that there shall be no reduction in the amount of coverage or in the limits applicable thereto EXCEPT after thirty (30) days prior written notice has been given to the City, said written notice to be delivered by U.S. Certified Mail, Return Receipt Requested addressed to the City Attorney and City Finance Director. {g) In its sole discretion, the City may waive all or some portion of the above referenced insurance if such waiver is in writing and executed by City's Finance Director. 10.6 Required insurance Ratina: Any insurance policy required by this Agreement shall be placed with an insurer admitted in the State of California with a current A.M. Best's rating of NO LESS THAN B+:VII in the latest edition of Best's Insurance Guide, 10.7 Oriainal Certificates Required. At all times during the term of this Agreement, Franchisee shall maintain on file with the City's Finance Director a certificate or certificates of insurance. Said certificate or certificates of insurance shall show that the aforesaid policies are in effect in the required amounts and shall contain each of the endorsements as set forth in Section 10.3. Franchisee shall, prior to commencement of work under this Agreement, file with the City Finance Director the original certificates effecting coverage required by this section of this Agreement. The endorsements are to be signed by the person authorized by that insurer to bind coverage on its behalf. The endorsements are to be received and approved by City before Franchisee commences operation under the terms of this Agreement 10.8 Failure to Maintain Reauired Insurance. Franchisee agrees that if it fails to keep the aforesaid insurance policies in full force and effect the City may, at its sole option, either (i) immediately terminate this Agreement or, (ii) if insurance is available at a reasonable cost, the City may take out the necessary insurance and pay, at Franchisee's cost and expense, the premium thereon. Section 11, TERMINATION AND SUSPENSION. The City may terminate this Agreement, without cause, by giving the Franchisee thirty (30) days' written notice of such termination and the effective date thereof. The City may terminate this Agreement, with cause, by giving the Franchisee (10) days' written notice of such termination and the effective date thereof. Cancellation for cause shall be at the discretion of the City and shall be, but is not limited to, failure to supply the materials, equipment or service specified within the time allowed or within the terms, conditions or provisions of this Agreement. The Franchisee may not cancel this Agreement without prior written consent from the Vernon Chief of Police. Section 12. TEMPORARY SUSPENSION. In addition to termination or suspension as set forth in Section 11, above, the Chief of Police may temporarily suspend any Franchisee without a hearing, whenever the continued operation by the Franchisee would constitute a danger to public health, safety, welfare or public morals, including, without limitation, where there is a failure to maintain the minimum levels and standards of liability insurance or claims reserve or failure to keep in full force and effect any applicable licenses or permits required by federal, state, local law, or regulation. The notice of temporary suspension may be personally delivered to the party named and to the address given on the application pursuant to which such Franchise was issued and to the notice address stated herein, if different, or, mailed by registered or certified mail to the party named at the address given on the application pursuant to which such Franchise was issued and to the notice address stated herein, if different. Notwithstanding other notice provisions of this Agreement, the temporary suspension is effective upon the earlier of either receipt or the expiration of three (3) days from the date of mailing. The notice of temporary suspension shall include a notice of the date and time for termination hearing and all other information required by the Vernon Municipal Code. The temporary suspension shall remain effective until the decision on suspension or termination is made unless the suspension is lifted by written notice of the Chief of Police. Section 13. ACCEPTANCE. WAIVER. Franchisee agrees to be bound by and comply with all the requirements of Chapter 4B and this Agreement. By entering into this Agreement, Franchisee waives, to the maximum extent permitted by law, Franchisee's right to challenge the terms of this Agreement and of Chapter 4B under federal, state or local law, or under administrative regulation, as such laws and regulations exist as of the date of signing of this Agreement. Section 14. GENERAL TERMS AND CONDITIONS. 14.1 INDEPENDENT STATUS. It is understood that in the performance under this Agreement, Franchisee shall be, and is, an independent operator, and is not an agent, contractor, or employee of City and shall furnish services in its own manner and method, except as required by this Agreement. Further, Franchisee has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Franchisee in its business operations. Franchisee shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. Franchisee acknowledges that Franchisee and any subcontractors, agents or employees are not entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long- term disability or Workers' Compensation insurance benefits. 14.2 FRANCHISEE NOT AGENT. Franchisee and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise. 14.3 WAIVER. The City's waiver of any term, condition, breach or default of this Agreement shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. 14.4 NO ASSIGNMENT. The Franchisee shall not assign or transfer any interest in this Agreement without the express prior written consent and approval of City Council. Any unauthorized assignment or transfer of Franchisee's rights or obligations under this Agreement shall be null and void and shall constitute a material breach by Franchisee of this Agreement. 14.5 COMPLIANCE WITH LAWS Franchisee shall comply with all Federal, State, County and City laws, ordinances, resolutions, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof. 14.6 ATTORNEY'S FEES. If any action at law or in equity is brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. 14.7 INTERPRETATION. 14.7,1 Aoolicable Law. This Agreement, and the rights and duties of the parties hereunder (both procedural and substantive), shall be governed and construed according to the laws of the State of California, without regard to the conflict of laws provisions therein. 14.7.2 Entire Aareement. This Agreement, including any Exhibits attached hereto and any documents explicitly referenced herein, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation and agreements (written or oral). 14.7.3 Written Amendment, This Agreement may only be changed by written amendment signed by Franchisee and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Agreement shall be of no force or effect. 14.7.4 Severabilitv. if any provision in this Agreement is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Agreement, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Agreement. 14.7.5 Choice of Forum. The parties hereby agree that this Agreement is entered into and is to be performed in the City of Vernon and that all claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within the County of Los Angeles at a place to be determined by the rules of the forum. 14.7.6 Order of Precedence. In case of conflict between the terms of this Agreement and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the order of precedence is as follows: Charter of the City of Vernon, the Vernon Municipal Code, the ordinance granting this Franchise, resolutions of the City of Vernon, this Agreement, the City's Request for Proposals for Official Police Towing Services, 9t and Franchisee's Response to the City's Request for Proposals for Official Police Towing Services. 14.7.7 Duplicate Oriainals. There shall be two (2) fully signed copies of this Agreement, each of which shall be deemed an original. 14.8 AUTHORITY OF FRANCHISEE. The Franchisee hereby represents and warrants to the City that the Franchisee has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement, and its execution of this Agreement has been duly authorized. 14.9 EMINENT DOMAIN. The granting of the Franchise shall not in any way impair or affect the right of the City to acquire the property of the Franchisee by purchase or condemnation, and nothing contained in this Franchise shall be construed to contract away, modify or abridge either for a term or in perpetuity the City's right of eminent domain. 14.10 VALUE OF FRANCHISE. By acceptance of the Franchise, the Franchisee, for itself, its successors and assigns, agrees that in any proceeding of any character before any court, commission, administrative body, board of arbitration or other public authority, no greater value shall be placed upon the franchise in excess of the cost to the Franchisee of the necessary publication and any other sum paid by Franchisee to the City therefor at the time of acquisition. Section 15, ADDITIONAL ASSURANCES, 15.1 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Franchisee certifies and represents that, during the performance of this Agreement, Franchisee and any other parties with whom it may subcontract shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, marital status. Franchisee further certifies that it will not maintain any segregated facilities. Franchisee further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit "C". 15.2 BUSINESS LICENSES. Franchisee shall obtain, and pay any and all costs associated therewith, any Vernon Business License, which may be required by the Vernon Municipal Code and all permits, and licenses applicable to Franchisee's operations under this Franchise, which are required of Franchisee by any governmental agency. 15.3 MAINTENANCE AND INSPECTION OF RECORDS. 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 it is receiving all money to which it is entitled under the Agreement and/or is paying only the amounts to which Franchisee is properly entitled under the Agreement or for other purposes relating to the Agreement. The Franchisee shall maintain and preserve all such records for a period of at least 3 years after termination of the Agreement. The Franchisee shall maintain all such records in the City of Vernon. If not, the Franchisee shall, upon request, promptly deliver the - 11 - records to the City of Vernon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, such additional (out of the City) expenses for personal, salaries, private auditors, travel, lodging, meals and overhead. 15.4 CONFLICT. Franchisee hereby represents, warrants and certifies that no member, officer or employee of the Franchisee is a director, officer or employee of the City of Vernon, or a member of any of its boards, commissions or committees, except to the extent permitted by law. Section 16. LIVING WAGES. Franchisee, and any subcontractor(s), shall comply with the City's Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit "D". Upon the City's request, certified payroll records shall promptly be provided to the City. Section 17. NOTICES. Except as otherwise provided in this Agreement, all notices required by this Agreement or by Chapter 4B of the Vernon Municipal Code shall be given by personal service or by deposit in the United States mail, postage pre -paid and return receipt requested, addressed to the parties as follows: To City: Copies to: Franchisee: Vernon Police Department Attention: Police Chief 4305 Santa Fe Avenue Vernon, CA 90058 City of Vernon Attention: Finance Director 4305 Santa Fe Avenue Vernon. CA 90058 U.S. Tow, Inc. Attention: Moshe Ben Dayan, President/CEO 2119 East 251" Street Los Angeles, CA 90058 Notice shall be deemed effective on the date personally served or, if mailed, three days after the date deposited in the mail. [Signatures Begin on Next Page]. 12- IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date set forth below. City of Vernon, a California charter City and California municipal corporation DATED: M W. Michael McCormick, Mayor ATTEST. Maria E. Ayala, City Clerk APPROVED AS TO FORM: Brian Byun, Deputy City Attorney U.S. Tow, Inc., a California corporation DATED: By: Name: Title: By: Name: Title: -13- GD►. EXHIBIT A REQUEST FOR PROPOSALS 14- City of Request f.4_ Proposals CityoVernon Police Department 1 v u: ,. rna gII :. Phone: (323) 587-5171 City of Vernon Franchise Tow Fee Program Request for Proposals r �,w,rRl The City of Vernon seeks proposals from qualified bidders to enter into a franchise agreement to perform rotational police towing and storage services. Services to be performed by the selected contractor include vehicle towing and impound services as directed by the Vernon Police Department. Based on the quality of the proposals received, the City may consider awarding a single tow franchise contract, or multiple tow franchise contracts using a call -for -service rotation. The City does not expect to aware more than two (2) franchise agreements under the rotational system, although City Council reserves the right to award contracts at its sole discretion, based on the proposals submitted. The City will select no more than two (2) tow service companies, based on demonstrated competence and a cost effective approach to design, conduct, and assist in the removal of vehicles which are apparently abandoned, or driven by unlicensed drivers, or drivers driving on suspended licenses, or involved in traffic collisions, or vehicles creating a traffic hazard due to mechanical failures - To be eligible for consideration, the tow service company's place of business and vehicle storage facility must be located within a seven (7) mile radius of the Vernon City Hall, located at 4305 Santa Fe Avenue, Vernon CA 90058. 2. BACKGROUND The City of Vernon was founded in 1905, is approximately 5.2 square miles in size and is located approximately 5 miles southeast of downtown Los Angeles California. Over its long history Vernon has been developed as an industrial community. At the turn of the 20"' century the lands that make up Vernon were comprised largely of farmlands. The presence of three major rail lines in the area led influential business and property owners to encourage the railroad companies to run spur lines onto the farmlands. These rail extensions enabled the creation of an "exclusively industrial" city. By the 1920's Vernon was attracting large stockyards and meatpacking facilities. In the 1930's Vernon became the location of choice for many heavy industrial plants. As economic conditions changed over the decades, these large scale industrial operations have relocated out of Southern California and Vernon has attracted smaller, lighter industrial facilities. The City's business friendly environment, low cost utilities and key location for trucking and rail transport continue to position Vernon as an ideal location for industrial uses. City Government: The City Council consists of five members, elected at -large, who serve five-year staggered terms. The City Council annually appoints a Mayor and a Mayor Pro Tem from its own membership to serve one-year terms. -2- City of Vernon Franchise Tow Fee Program Request for Proposals Labor Force: Vernon has approximately 250 employees, and its departments include a Fire Department, Police Department, Finance Department, Public Works, Water and Development Services Department, Gas and Electric Department and Health and Environmental Control Department. Present bargaining units recognized include the Vernon Police Officers Benefit Association, Vernon Police Management Association, Vernon Firemen's Association, the Vernon Fire Management Association, International Brotherhood of Electrical Workers Local 47, and Teamsters Local 911. 3. ISSUES OR PROBLEMS TO BE ADDRESSED The selected tow service company shall be able to provide swift, professional service in the removal of any vehicle, as directed by the Vernon Police Department, from any City street. 4. SCOPE OF SERVICES REQUIRED The City of Vemon is seeking the services of a highly qualified tow service company to assist in: Under the terms specified herein as well as in Chapter 4B of the Vemon Municipal Code, Franchisee shall furnish impound, towing, and storage services to the Vemon Police Department and the City as directed by the Vemon Police Department. To be eligible for a franchise, applicants must meet the City's minimum requirements as specified herein. Franchisee will be required to provide the necessary trained personnel, tow trucks and storage facilities to recover, if necessary, and remove vehicles and tractor/trailers involved in collisions. Franchisee(s) must be able to tow and store vehicles impounded by the police, many times in excess of 30 days; and must be able to clean up and dispose of debris at the scene of an accident at which any vehicle to be towed hereunder was involved. The average response time for any thirty day period pursuant to requests for tow service by the Police Department, must not exceed twenty (20) minutes. The maximum response time for any single request for tow service by the Police Department shall not exceed thirty (30) minutes. In the event the Franchisee cannot respond within 20 minutes, the Franchisee shall immediately notify the Police Department dispatcher and provide an estimated time of arrival. 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 1800 hours Monday through Friday. Alternate hours, as directed by the City, must also be available in order to accommodate special City events. Failure or refusal to promptly relay the Police Dispatcher's requests for towing services shall constitute failure to comply with the requirements, terms and conditions of the agreement and may result in termination of the agreement. All tow trucks shall be equipped as provided in the California Vehicle Code. -3- City of Vernon Franchise Tow Fee Program Request for Proposals Franchisee's trucks shall be painted, free of major dents, and kept clean and in good working order. Official police tow services shall, at all times, have at least three fully equipped and operational tow trucks in service. All of the low trucks in service must have a minimum capacity of ona (1) ton. At least one of the tow trucks in service must be a flatbed tow truck. At least one of the three tow trucks in service must have a five ton (5) lifting capacity. Every official police tow service shall be equipped for and have personnel proficient in unlocking locked vehicles when requested to do so by Police Department employees. Upon selection the Franchisee shall file with the Vernon Police Department, the name, address, date of birth, driver's license number, and all other information required of any tow unit driver employed by the permit holder subsequent to the date of the tow operator permit application, which information shall be filed not later than ten (10) business days fallowing the effective date of hiring. The Franchisee will be required to notify the Vernon Police Department of the name of any tow truck driver no longer employed by such permit holder. This notification shall be given to the Vernon Police Department no later than ten (10) business days following the last date of the driver's employment by the permit holder. The Franchisee will be required to notify the Vernon Police Department of the identity of any tow truck driver whose license is suspended. The operator shall not be authorized to operate in Vernon unless the operator has provided proof from the Department of Motor Vehicles of the ability to operate a vehicle during work hours. The Franchisee will be required to enroll 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. Franchisee will be required to comply with the California Vehicle Code 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. 5. QUALIFICATIONS & CRITERIA A. Qualifications: The City of Vernon will select no more than two (2) tow service companies for all of the outlined Scope of Service on the basis of qualifications, experience, and cost. The following are the minimum qualifications to be used to evaluate responses to this Request for Proposal: 1. The applicants can satisfy the insurance, business license, and tow operator permits requirements set forth in Vernon Municipal Code Chapter 48. 2. The applicants are qualified on the basis of prior experience in the towing -4- City of Vernon Franchise Tow Fee Program Request for Proposals operation business and financial responsibility. 3. All tow vehicles and equipment must comply with all state and applicable federal requirements. 4. The applicants can reasonably conduct an official police towing service which complies with all of the requirements of Vernon Municipal Code Chapter 4B. 5 The applicants will accept all tow requested by the City, including tows of abandoned or dismantled vehicles and/or tows requiring special equipment. B. Selection Criteria: The City will conduct a comprehensive, fair, and impartial evaluation of proposals received in response to this RFP. All proposals received will be reviewed and evaluated by a committee of qualified personnel. The name, information, or experience of the individual members will not be made available to any proposer. The Evaluation Committee will first review and screen all proposals submitted, except for the cost proposals, according to the minimum qualifications set forth above. The following criteria will be used in reviewing and comparing the proposals and in determining the highest scoring bid: 1. 40% Qualifications, background and prior experience of the tow service company in the Service Area(s) being proposed, experience of key staff assigned to oversee services provided to Vernon, evaluation of size and scope of similar work performed and success on that work. 2. 30% Cost and fees to the City for handling matters. Cost is not the sole determining factor but will be taken into consideration. Proposer must offer services at a rate comparable to the rate proposer offers to other governmental entities for similar work. Offering a higher rate to the City than the comparable rate is grounds for disqualification of the Proposer. If rates differ for different types or levels of service, or for different Service Areas, the Proposer should so state. 3. 10% Responsiveness to the RFP, and quality and responsiveness of the proposal. 4. 20% References including past performance of proposer. 6. FORMAT AND DELIVERY OF RESPONSE Respondents are asked to submit seven (7) hard copies and one (1) electronic copy of their proposals in sufficient detail to allow for a thorough evaluation and comparative analysis. The proposal should include, at a minimum, the following information in sectionalized format addressing all phases of the work in the RFP. A. Format: Limit your proposal to 20 typed 8.5' X 11" pages, or fewer, on white bond paper of at least 20 -pound weight single sided (excluding cover letter and attachments. You may attach a company brochure if you wish, but it must be as a separate attachment and independent from the required elements noted above. 1. Use a conventional typeface with a minimum font size of 12 points. Use a 1" margin on all boarders. -5- City of Vernon Franchise Tow Fee Program Request for Proposals 2. Organize your submittal in the order described above. 3. Provide one (1) unbound original of your company's response and one electronic version (via email) to Captain Michael Gillman, mgillman@covpd.org 4. Prominently label the package: "Franchise Tow Fee Program" and include the name of the primary contact for the respondent. Deliver the response to: City of Vernon Attention: Captain Michael Gillman 4305 Santa Fe Avenue Vernon, CA 90056 5. Responses are due on or before 5:00 p.m. on April 16, 2015. Late response will not be accepted. 6. If you have any question about this RFP, please contact Captain Michael Gillman at (323) 567-5171 ext. 115. B. Cover letter: All proposals shall include a cover letter which states that the proposal shall remain valid for a period of not less than ninety (90) days from the date of submittal. If the proposal contemplates the use of sub -contractors, the sub- contractors shall be identified in the cover letter. If the proposal is submitted by a business entity, the cover letter shall be signed by an officer authorized to contractually bind the business entity. With respect to the business entity, the cover letter shall also include: the identification of the business entity, including the name, address and telephone number of the business entity; and the name, title, address and telephone number of a contact person during the proposal evaluation period. C. Introduction: Present an introduction of the proposal and your understanding of the assignment and significant steps, methods and procedures to be employed by the proposer to ensure quality deliverables that can be delivered within the required time frames and your identified budget. D. General Scope of Work: Briefly summarize the scope of work as the proposer perceives or envisions it for each Service Area proposed. E. Work Plan: Present concepts for conducting the work plan and interrelationship of all projects. Define the scope of each task including the depth and scope of analysis or research proposed. F. Fees and costs: Although an important aspect of consideration, the financial cost estimate will not he the sole justification for consideration. Negotiations may or may not be conducted with the proposer; therefore, the proposal submitted should contain the proposer's most favorable terms and conditions, since selection and award may be made without discussion with any tow service company. All prices City of Vernon Franchise Tow Fee Program Request for Proposals should reflect "not to exceed" amounts per item. Proposer must offer services at a rate comparable to the rate proposer offers to other governmental entities for similar work. Offering a higher rate to the City than the comparable rate is grounds for disqualification of the Proposer. G. Ability of the Proposer to Perform: Provide a detailed description of the proposer and his/her/its qualifications, including names, titles, detailed professional resumes and past experience in similar work efforts/products of key personnel who will be working on the assignment. Provide a list of specific related work projects that have been completed by the proposer which are directly related to the assignment described in this RFP. Note the specific individuals who completed such project(s). Identify role and responsibility of each member of the project team. Include the amount of time key personnel will be involved in the respective portions of the assignment. Respondents are encouraged to supply relevant examples of their professional product. Provide a list of references. The selected tow service companies shall not subcontract any work under the RFP nor assign any work without the prior written consent of the City. N. Affidavit of Non -Collusion. Proposer must submit a completed and signed, "Affidavit of Non -Collusion." (Copy attached as Exhibit A)- 7. ADDENDA. CHANGES. AND AMENDMENTS TO THIS SOLICITATION At any time prior to the due date for responses, the City may make changes, amendments, and addenda to this solicitation, including changing the date due to allow respondents time to address such changes. Addenda, changes, and amendments, if made, will be posted on the City's website (www.cityofvemon.org), which is deemed adequate notice. A proposer may make a request to the City's project coordinator to be placed on a list of persons to receive notice of any such addenda, changes, or amendments. The preferred manner of communications is via a -mall due to its timeliness. 8. CONDITIONS FOR RESPONSES TO RFP The following conditions apply to this RFP process: A. Nothing contained in this RFP shall create any contractual relationship between the respondent and the City. & This RFP does not obligate the City to establish a list of service providers qualified as prime contractors, or award a contract to any respondent. The City reserves the right to amend or cancel this RFP without prior notice, at any time, at its sole discretion. C. The City shall not be liable for any expenses incurred by any individual or organization in connection with this RFP. D. No conversations or agreements with any officer, agent, or 7- City of Vernon Franchise Tow Fee Program Request for Proposals employee of the City shall affect or modify any terms of this RFP. Oral communications or any written/e-mail materials provided by any person other than designated contact staff of City shall not be considered binding. E. The City reserves the right, in its sole discretion, to accept or reject any or all Proposals without prior notice and to waive any minor irregularities or defects in a Proposal. The City reserves the right to seek clarification on a Proposal with any source. F. The dates, times, and sequence of events related to this RFP shall ultimately be determined by the City. The schedule shown above is subject to change, at the sole discretion of the City, although the City will attempt to follow it and, if it must be altered, will attempt to provide reasonable notice of the changes. G. Respondents shah not issue any news release pertaining to this RFP, or the City without prior written approval of the City. H. All submitted proposals and attached thereto shall become City Administrator's Office. � information included therein or public record upon delivery to the The City may, at its sole discretion and for any reason whatsoever, withdraw this solicitation at any time. The selected tow service companies shall pay qualifying employees a wage of not less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. The tow service companies shall also provide qualifying employees at least twelve days off per year for sick leave, vacation or personnel necessity, and an additional ten days a year of uncompensated time for sick leave. There shall be a prohibition on employer retaliation against an employee's complaining to the City with regard to the employer's compliance with the living wage ordinance. The tow services companies, and any sub- contractor(s), shall comply with the City's Living Wage Ordinance. The current Living Mage Standards are set forth in Exhibit 'D" of the standard form franchise towing services contract, attached hereto as Exhibit B. Upon the City's request, certified payroll records shall promptly be provided to the City. 92 City of Vernon Franchise Tow Fee Prograrn bequest for Proposals 11. STANDARD TERMS AND CONDITIONS Prior to the award of any work hereunder, City and proposer shall enter into the written contract for services attached hereto as Exhibit B. Proposers responding to this RFP are strongly advised to review all the terms and conditions of the Contract. The term of the Contract shall not exceed three (3) years. .9- City of Vernon Franchise Tow Fee Program Request for Proposals AFFlO V17 OF NON -COLLUSION -10- AFFIDAVIT OF NON -COLLUSION BY CONTRACTOR STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) , being first duly sworn deposes and says that he/she is (Insen'Sole Owner', "Panner", "President, "Secretary", or other proper Lille) of ( Loam mme oMader) who submits herewith to the City of Vernon a bid/proposal; That all statements of fact in such bid/proposal are true; That such bid/proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; That such bid/proposal is genuine and not collusive or sham; That said bidder has not, directly or indirectly by agreement, communication or conference with anyone attempted to induce action prejudicial to the interest of the City of Vernon, or of any other bidder or anyone else interested in the proposed contract; and further That prior to the public opening and reading of bids/proposals, said bidder. a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham bid/proposal; b. Did not directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid/proposal, or that anyone should refrain from bidding or withdraw his/her bid/proposal; C. Did not, in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid/proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his/her bid/proposal price, or of that of anyone else; d. Did not, directly or indirectly, submit his/her bid/proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of individuals, except the City of Vernon, or to any person or persons who have a partnership or other financial interest with said bidder in his/her business. I certify under penalty of perjury that the above information is correct By: Title: Date: March 2017 City of Vernon Franchise Tow Fee Program Request for Proposals EXHIBIT B STANDARD FORM CONTRACT CITY OF VERNON FRANCHISEE TOWING SERVICES AGREEMENT NO. Franchisee: Responsible Principal of Franchisee: Notice Information - Franchisee: Notice Information - City: Commencement Date: Termination Date: Consideration: Records Retention Period COVER PAGE [insert name of franchisee] [insert name, title] [insert name of franchisee] [insert street address] [insert city, state, zip code] Attention: [insert name, title] Phone: [insert phone number] Facsimile: [insert fax number] City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: [insert department head] [insert department head title] Telephone: (323) 583-8811 ext. [insert] Facsimile: [insert fax number] [insert commencement date] [insert termination date] Payment is made by Franchisee to City pursuant to Section 3 of this Agreement. Payment is made to Franchisee by City pursuant to Section 5 of this Agreement. [insert number of years contractor must retain records] March 2015 CITY OF VERNON FRANCHISEE TOWING SERVICES AGREEMENT NO. This Agreement is made and entered into by and between the City of Vernon ("City'), a California charter City and California municipal corporation, and ("Franchisee"), a Police Towing Company with its principal place of business at (collectively, the "Parties") to provide for towing services to the City. The Parties agree as follows: RECITALS WHEREAS, Franchisee shall provide police towing services to the City of Vernon as set forth in the Request for Proposal dated . Exhibit A, and Franchisee's proposal to the City ("Pr000sal') dated . Exhibit B, both of which are attached to and incoroorated into this Aereement. by reference. WHEREAS, pursuant to Chapter 4B of the Vernon Municipal Code, Franchisee has applied for a Police Towing Franchise ("Franchise"); and WHEREAS, the City Council has held a public hearing for the purpose of hearing persons in favor or or in opposition to the granting of such Franchise; and WHEREAS, the City Council has determined that Franchisee has demonstrated compliance with Chapter 4B of the Vernon Municipal Code and has agreed to comply with all provisions of that Chapter; and WHEREAS, it is required that City and Franchisee enter into a Franchise Towing Services Agreement ("Agreement") for Police Towing services in the City of Vernon; and WHEREAS, additional conditions have been imposed upon this grant of Franchise, NOW, THEREFORE, the Parties do hereby agree as follows: Section 1. GRANT OF FRANCHISE. City grants to Franchisee a Police Towing Franchise authorizing Franchisee to engage in the business of Police Towing as set forth in chapter 4B of the Vernon Municipal Code in the City of Vernon and to use the public streets and rights of way for such purpose. This grant is pursuant to the City's Request for Proposal and to Franchisee's proposal for the Franchise. Franchisee is subject to the terms and conditions specified in Section 8.9 of the Charter of the City of Vernon, the provisions of Chapter 413 of the Vernon Municipal Code, the terms and conditions specified in all related resolutions, the terms and conditions of this Agreement, the representations and assurances in Franchisee's application for the Franchise. Section 2. TERM OF FRANCHISE. The term of this Franchise granted to Franchisee shall be for three (3) years, from to inclusive. March 2015 Section 3. FRANCHISE FEES. 3.1 During the term of the Franchise, Franchisee shall pay franchise fees to City, which fees shall be assessed from the date on which the ordinance granting this Franchise became effective and in accordance with Section 46.8 of the Vernon Municipal Code and any Resolution adopted by the City Council and in such other amounts as are set forth in any subsequent resolutions that may be adopted by the City Council at any time during the term of the Agreement. 3.2 Franchise shall timely pay all required franchise fees to: Finance Department— Director of Finance City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Each payment shall be accompanied by a written statement, verified by the Franchisee or a duly authorized representative of the Franchise, showing in such form and detail as the Director of the Department of Finance may prescribe, the calculation of the franchise fee payable by the Franchisee and such other information as the Director of the Department of Finance may require as material to a determination of the amount due. 3.3 The first payment of the franchise fee will be due on and payments shall be due monthly thereafter on the 15" day of each month. 3.4 When Franchisee remits franchise fees the City, such franchise fees shall be deemed timely paid only if delivered or postmarked on or before the due date. If fees are not timely paid, Franchisee shall be subject to suspension or termination of the Franchise pursuant to Section 14 of this Agreement and/or to any other penalties which may be established and assessed by the City, including, but without limitation, late fees assessed at the rate of five percent (5%). Section 4. TOWING SERVICES. 4.1 Franchisee shalt provide Police Towing services, as set forth in Exhibit A, which is the City's Request for Proposals for Official Police Tow Services, and which includes, but without limitation, strictly adhering to the eligibility requirements, operating regulations, fees schedules, standards for tow truck equipment, standard rules of operation, response time, inspection, information regarding new or terminated tow truck drivers, tow driver training, and as set forth in Exhibit f3 which is Franchisee's response to the City's Request for Proposals. All services by Franchisee shall comply will all provisions of federal, state and local law and regulation, including, but without limitation Chapter 48 of the Vernon Municipal Code. 4.2 Franchisee understands and agrees that, although the City is granting it a franchise as a police towing service, the City may requisition towing services from other service providers as set forth in Section 48.12 of the Vernon Municipal Code, or if Franchisee is otherwise unavailable for any reason, in the reasonable discretion of the Vernon Chief of Police and including, but without limitation, suspension or termination of the Franchisee, March 2015 Section 5. RATES. CHARGES AND PAYMENT. 5.1 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 $ and the storage charge shall be $ 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 shall be posted in a conspicuous place in the interior of each tow truck operated by Franchisee, 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. As part of the award of franchise the City Council will be requested to establish an after-hours release fee not to exceed %: of the impound fee in addition to other established fees. Section 6. REPORTS. Franchisee shall file a monthly towing report with the Chief of Police along with payment of its monthly franchise fees. The report shall be submitted to: Chief of Police Vernon Police Department 4305 Santa Fe Avenue Vernon, CA 90058 The report shall include the information required by Section 4B.10(H) of the Vernon Municipal Code for Franchisee and its subcontractors, certified as true and correct under penalty of perjury by a responsible owner or official of the Franchisee: Section 7, FRANCHISEE'S RECORDS. 7.1 The Franchisee shall maintain accurate and complete books and accounts of all revenues and income arising out of its operations under the Franchise and in a manner, which conforms with generally accepted accounting principles. Franchisee's books, accounts and records, arising out of or related to its operation under the Franchise, shall at all times be open to inspection, examination and audit by authorized officers, employees and agents of the City. Such records shall be kept at franchisee's place of business shown in this Agreement for receipt of notices. 7.2 Franchisee shall require its subcontractors, if any, who perform Police Towing services in connection with the Franchise to keep and maintain books of account and other records showing all business transactions conducted by such subcontractors in connection with the Franchise. Franchisee agrees to use its best efforts to avoid duplication of reporting between Franchisee and its subcontractors. Section 8. TOW VEHICLE AND DRIVER. REPORTING, COMPLIANCE. AND IDENTIFICATION. 8.1 Franchisee shall maintain on file with the City, a complete and accurate listing of every vehicle operated by Franchisee for police towing services. Franchisee shall certify, in a form acceptable to City, that every such vehicle conforms with regional and State March 2015 vehicle emission standards ("emission standards"), and shall provide documentation of compliance on written request of the City. Franchisee understands and agrees that failure to conform with emission standards may result in suspension, termination or non -renewal of a Franchise. 8.2 Every vehicle operated by Franchisee and for Police Towing services in the City shall bear the following identification: Franchisee's trade name, monogram or insignia, the Franchise vehicle number, together with Franchisee's telephone number painted upon both sides of the vehicle. All lettering mentioned In this paragraph shall be not less than 2-1/4" in height and not less than 5/6" stroke. The Franchisee agrees to remove the Franchise vehicle number and ail other information within 30 calendar days after the Franchise is terminated or the vehicle is sold, transferred or taken out of service. 8.3 Franchisee shall file with the Vernon Police Department, the name, address, date of birth, driver's license number, and all identification required of any tow unit driver working for Franchisee, whether as an employee or as a contractor, which information shall be filed not later than ten (10) business days following the effective date of employment or engagement. Franchisee shall also notify the Vernon Police Department within ten (10) business days of the following occurrences: the license suspension of any tow unit driver, and the end of employment, or engagement, of any tow unit driver with Franchisee. Section 9. INDEMNIFICATION OF CITY. 9.1 Franchisee shall indemnify and hold the City harmless from and against any and all loss, damages, liability, claims, suits, costs and expenses, fines, charges or penalties whatsoever, including reasonable attorney's fees, regardless of the merit or outcome of any such claim or suit, arising from or in any manner related to the services provided or business conducted under Chapter 4B of the Vernon Municipal Code or otherwise pursuant to this Agreement. 9.2 Franchisee shall indemnify the City, defend with counsel approved by the City, protect and hold harmless the City, its officers, employees, agents, assigns, and any successor or successors to the City's interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damage, punitive damages, injuries, costs, response, remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines and charges, penalties and expenses (including, but not limited to, attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, the City or its officers, employees, agents or the Franchisee arising from or attributable to any repair, remediation, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, or closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous waste at any place where the Franchisee stores or dispose of solid or hazardous waste. The foregoing indemnity is intended to operate as an Agreement pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 United States Code Section 9607, and California Wealth and Safety Code Section 25364, and any successor provisions, to insure, protect, hold harmless, and indemnify the City from liability. March 2015 Section 10. INSURANCE REQUIREMENTS. 10.1 Franchisee shall, at its sole cost and expense, procure and maintain in full force and effect, throughout the term of this Agreement, inclusive of any renewal term granted by City, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by the Franchisee, its agents, representatives, employees or subcontractors, Franchisee shall procure and maintain insurance policies of the types and meeting the requirements set forth below, and shall provide to the City a Certificate of Insurance, or other such evidence reasonably acceptable to the City, verifying the existence of such policies: 10.2 Minimum Scone of Insurance Coverace. Franchisee shall procure and maintain policies of insurance with minimum scopes of coverage AT LEAST as broad as the following: (a) Comprehensive General Liability Insurance. (b) Comprehensive Vehicle Liability Insurance. (c) Workers' Compensation Insurance as required by the State of California and Employer's Liability Insurance. 10.3 Minimum Limits. Vendor shall maintain insurance with minimum limits NO LESS THAN the following: (a) General Liability of Two Million Dollars ($2,000,000) for each occurrence and in the aggregate, combined single limit, against any bodily injury, death, personal injury, or property damage. In Comprehensive General Liability Insurance or other form in which a general aggregate limit is used, the general limit shall apply separately to this Agreement or the general limit shall be TWICE the required occurrence limit. (b) Automobile Liability of One Million Dollars ($1,000,000) per accident for bodily injury and property damage. (c) Garage Keepers Legal Liability coverage with minimum limits of Two Hundred Fifty Thousand Dollars ($250,000) per occurrence. (d) Employer's Liability of One Million Dollars ($1,000,000) per accident for bodily injury or disease, (e) Worker's Compensation and Employer's Liability Insurance in an amount required by law. 10.4 Deductibles. Any deductibles or self-insured retentions must be dxlared to and approved by the City. At the option of the City, Franchisee shall either: (a) Reduce or eliminate such deductibles or self-insured retentions as respect to the City, its elected and appointed officials, officers, employees, agents, representatives, attorneys, and volunteers; OR (b) Procure a bond, guaranteeing payment of losses and related investigations, claim administration and defense expenses. March 2015 10.5 Required Endorsements. All of the policies required by this Agreement shall contain, or be endorsed to contain, the following provisions: (a) City, its elected and appointed officials, officers, employees, agents, representatives, attorneys and volunteers shall be named as additional insured parties, and the policies shall specifically state that the coverage contained in the policies affords insurance pursuant to the terns and conditions as set forth in this Agreement. (b) The insurance coverage provided by the Franchisee shall be primary to any coverage available to the City. Any insurance or self-insurance maintained by City, its officers, officials, employees or volunteers shall be in excess of Franchisee's own insurance and shall not contribute with it. (c) The insurance policies shall contain no special limitations on the scope of protection afforded to the City, its elected and appointed officials, officers, employees, agents, representatives, attorneys or volunteers. Further, the policies shall expressly waive the right of subrogation against City, its elected and appointed officials, officers, employees, agents, representatives, attorneys or volunteers. (d) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its elected and appointed officials, officers, employees, agents, representatives, attorneys or volunteers. (e) The insurance coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (f) Each insurance policy required by this section shall be endorsed to state that coverage SHALL NOT be suspended, voided, and/or canceled by ,wither party, and that there shall be no reduction in the amount of coverage or in the limits applicable thereto EXCEPT after thirty (30) days prior written notice has been given to the City, Bald written notice to be delivered by U.S. Ceriified Mall, Return Receipt Requested addressed to the City Altornay and City Finance Director. (g) In its sole discretion, the City may waive all or some portion of the above referenced insurance if such waiver is in writing and executed by City's Finance Director, 10.6 Required Insurance Ratinq. Any insurance policy required by this Agreement shall be placed with an insurer admitted in the State of California with a current A.M. Best's rating of NO LESS THAN B+:VII in the latest edition of Best's Insurance Guide. 10.7 Orioinal Certificates Required. At all times during the term of this Agreement, Franchisee shall maintain on file with the City's Finance Director a certificate or certificates of insurance, Said certificate or certificates of insurance shall show that the aforesaid policies are in effect in the required amounts and shall contain each of the endorsements as set forth in Section 10.3. Franchisee shall, prior to commencement of work under this Agreement, file with the City Finance Director the original certificates effecting coverage required by this section of this Agreement. The endorsements are to be signed by the person authorized by that insurer to March 2015 bind coverage on its behalf. The endorsements are to be received and approved by City before Franchisee commences operation under the terms of this Agreement 10.8 Failure to Maintain Required Insurance. Franchisee agrees that if it fails to keep the aforesaid insurance policies in full force and effect the City may, at its sole option, either (i) immediately terminate this Agreement or, (ii) if insurance is available at a reasonable cost, the City may take out the necessary insurance and pay, at Franchisee's cost and expense, the premium thereon. Section 11. TERMINATION AND SUSPENSION. The City may terminate this Agreement, without cause, by giving the Franchisee thirty (30) days written notice of such termination and the effective date thereof. The City may terminate this Agreement, with cause, by giving the Franchisee (10) days written notice of such termination and the effective date thereof. Cancellation for cause shall be at the discretion of the City and shall be, but is not limited to, failure to supply the materials, equipment or service specified within the time allowed or within the terms, conditions or provisions of this contract. The Franchisee may not cancel this Agreement without prior written consent from the Vernon Chief of Police, Section 12. TEMPORARY SUSPENSION. In addition to termination or suspension as set forth in Secdon 11, above, the Chief of Police may temporarily suspend any Franchisee without a hearing, whenever the continued operation by the Franchisee would constitute a danger to public health, safety, welfare or public morals, including, without limitation, where there is a failure to maintain the minimum levels and standards of liability insurance or claims reserve or failure to keep in full force and effect any applicable licenses or permits required by federal, state, local law, or regulation. The notice of temporary suspension may be personally delivered to the party named and to the address given on the application pursuant to which such Franchise was issued and to the notice address stated herein, if different, or, mailed by registered or certified mail to the party named at the address given on the application pursuant to which such Franchise was issued and to the notice address stated herein, if different. Notwithstanding other notice provisions of this Agreement, the temporary suspension is effective upon the earlier of either receipt or the expiration of 3 days from the date of mailing. The notice of temporary suspension shall include a notice of the date and time for termination hearing and all other information required by the Vernon Municipat Code. The temporary suspension shall remain effective until the decision on suspension or termination is made unless the suspension is lifted by written notice of the Chief of Police. Section 13. ACCEPTANCE, WAIVER. Franchisee agrees to be bound by and comply with all the requirements of Chapter 4B and this Agreement. By entering into this Agreement, Franchisee waives, to the maximum extent permitted by law, Franchisee's right to challenge the terms of this Agreement and of Chapter 4B under federal, state or local law, or under administrative regulation, as such laws and regulations exist as of the date of signing of this Agreement. Section 14. GENERAL TERMS AND CONDITIONS.. 14.1 INDEPENDENT STATUS. 1t is understood that in the performance under this Agreement, Franchisee shall be, and is, an independent operator, and is not an agent, March 2015 contractor, or employee of City and shall furnish services in its own manner and method. Further, Franchisee has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Franchisee in its business operations. Franchisee shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 14.2 FRANCHISE NOT AGENT. Franchisee and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise. 14.3 WAIVER. The City's waiver of any term, condition, breach or default of this Agreement shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived, 14.4 NO ASSIGNMENT. The Franchisee shall not assign or transfer any interest in this Agreement without the express prior written consent and approval of City Council. 14.5 COMPLIANCE WITH LAWS. Franchisee shall comply with all Federal, State, County and City laws, ordinances, resolutions, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof. 14.6 ATTORNEY'S FEES, If any action at law or in equity is brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. 14.7 INTERPRETATION, 14.7.1 Aoolicable Law. This Agreement, and the rights and duties of the parties hereunder (both procedural and substantive), shall be governed and construed according to the laws of the State of California. 14.7.2 Entire Agreement. This Agreement, including any Exhibits attached hereto and any documents explicitly referenced herein, constitutes the entire agreement and understanding between the partles regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation and agreements (written or oral). 14.7.3 Written Amendment. This Agreement may only be changed by written amendment signed by Franchisee and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Agreement shall be of no force or effect. 14.7.4 Severability. If any provision in this Agreement is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Agreement, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Agreement. March 2015 14.7.5 Choice of Forum. The parties hereby agree that this Agreement is to be enforced in accordance with the laws of the State of California, is entered into and is to be performed in the City of Vernon and that all claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within the County of Los Angeles at a place to be determined by the rules of the forum. 14.7.6 Order of Precedence. In case of conflict between the terms of this Agreement and the terms contained in any document attached as an Exhibit or otherwise Incorporated by reference, the order of precedence is as follows: Charter the City of Vernon, the Vernon Municipal Code, the ordinance granting this Franchise, resolutions of the City of Vernon this Agreement, the City's Request for Proposals for Official Police Towing Services, and Franchisee's Response to the City's Request for Proposals for Official Police Towing Services, 14.7.7 Duplicate Oriainals. There shall be two (2) fully signed copies of this Agreement, each of which shall be deemed an original. 14.8 AUTHORITY OF FRANCHISEE. The Franchisee hereby represents and warrants to the City that the Franchisee has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement, and its execution of this Agreement has been duly authorized, Section 15. ADDITIONAL ASSURANCES. 15.1 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Franchisee certifies and represents that, during the performance of this Agreement, Franchisee and any other parties with whom it may subcontract shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, marital status. Franchisee further certifies that it will not maintain any segregated facilities. Franchisee further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit "C"- 15.2 BUSINESS LICENSES. Franchisee shall obtain, and pay any and all costs associated therewith, any Vernon Business License, which may be required by the Vernon Municipal Code and all permits, and licenses applicable to Franchisee's operations under this Franchise, which are required of Franchisee by any governmental agency. 15.3 MAINTENANCE AND INSPECTION -OF RECORDS. 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 it is receiving all money to which it is entitled under the Agreement and/or is paying only the amounts to which Franchisee is properly entitled under the Agreement or for other purposes relating to the Agreement. The Franchisee shall maintain and preserve all such records for a period of at least 3 years after termination of the Agreement. The Franchisee shall maintain all such records in the City of Vernon If not, the Franchisee shall, upon request, promptly deliver the records to the City of Vernon or reimburse March 2015 the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, such additional (out of the City) expenses for personal, salaries, private auditors, travel, lodging, meals and overhead. 15.4 CONFLICT. Franchisee hereby represents warrants and certifies that no member, officer or employee of the Franchisee is a director, officer or employee of the City of Vernon, or a member of any of its boards, commissions or committees, except to the extent permitted by law. Section 16. LIVING WAGES. Franchisee, and any subcontractor(s), shall comply with the CiYs Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit "D". Upon the City's request, certified payroll records shall promptly be provided to the City. Section 17. NOTICES. Except as otherwise provided in this Agreement, all notices required by this Agreement or by Chapter Q of the Vernon Municipal Code shall be given by personal service or by deposit in the United States mail, postage pre -paid and return receipt requested, addressed to the parties as follows: To City: Chief of Police Vernon Police Department 4305 Santa Fe Avenue Vernon, CA 90058 Copies to: Director of Finance City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Franchisee: Notice shall be deemed effective on the date personally served or, if mailed, three days the date deposited in the mail. (Signatures Begin on Next Page]. March 2015 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives as of this date set forth below. City of Vernon, a California charter Cibj and California municipal corporation DATED: Mayor / Mayor Pro -Tem ATTEST: Maria E. Ayala, City Clerk APPROVED AS TO FORM: Hama Patel, City Attorney [FRANCHISEE'S NAME, a [State incorporated in] corporation DATED. By: Name: Title: By: Name: Title, March 2015 EXHIBIT A REQUEST FOR PROPOSALS March 2015 EXHIBIT B FRANCHISEE'S PROPOSAL March 2015 EXHIBIT C THE EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities. B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age. C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class. D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. March 2015 EXHIBIT D LIVING WAGE PROVISIONS Minimum Living Wanes: A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. Paid and Unpaid Days Off: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the service contract of violating employers. March 2015 i i; EXHIBIT B FRANCHISEE'S PROPOSAL -15- `�nxa;A s oraclucnnac_ unrt 13 � I PROPOSAL Made To The City of Vernon Police Department 4305 Santa Fe Avenue Vernon, CA 90058 Made By U.S. Tow, Inc. 2119 East 25`h Street Los Angeles, CA 90058 April 16, 2015 City of Vernon Police Department Attention: Captain Michael Gillman 4305 Santa Fe Avenue Vernon, CA 90058 RE: FRANCHISE TOW FEE PROGRAM Dear Captain Gillman: U.S. Tow, Inc. is pleased to submit this proposal to provide a Franchise Tow Fee Program for the City of Vernon Police Department. Competitive Position U.S. Tow, Inc. originated in 1983 The firm has served the Los Angeles Police Department as the Official Police Garage for the Newton Division since 2004. It additionally serves other governmental entities including the City of Los Angeles Department of Transportation, the California Highway Patrol, the Los Angeles County Sheriff s Department, the City of Los Angeles Housing Authority, the University of Southern California Department of Public Safety and the City of Los Angeles School Police Department. Experience/Management U.S. Tow, Inc. was acquired by Moshe Ben Dayan in 2013. Mr. Ben Dayan assumed the ownership of U.S. Tow with a wealth of previous towing experience. He founded and has operated Classic Tow, Inc. dba Tip Top Tow Service at the same location in Santa Monica for more than 25 years. Tip Top Tow Service is an Official Police Contractor for the Cities of Santa Monica and Beverly Hills. It additionally has long-standing contracts with a number of other governmental entities. -i- City of Vernon Police Department April 16, 2015 Page Two of Three Employees The major management staff of U.S. Tow has an average of 15 years of experience in the towing industry. This staff has operated the Newton Division OPG and the other elements of the firm's business with professionalism and integrity and it stands ready to provide excellent service to the City of Vernon Police Department. Additionally, the hiring and training procedures utilized by U.S. Tow are stringent, and we consider it our inmost responsibility to continue to enforce these procedures in the future. Site U.S. Tow has the distinct advantage of having an existing site located at 2119 East 25`1' Street, Los Angeles, which meets all current zoning regulations. This site is located directly across 25h Street from the northern boundary of the City of Vernon, thereby providing us with immediate access to Vernon. U.S. Tow has a facility which provides a modern, clean, safe, professional environment. The U.S. Tow site consists of approximately 4.0 acres of screened, secured, lighted, signed and cemented area for the impounding and storage of vehicles and approximately 12,600 square feet of enclosed building area for evidence hold, ancillary storage, administration and lien sale auction of vehicles. Tow Vehicles In an effort to serve all of our clients in a timely and effective manner, we are continuously mindful with respect to maintaining a strong, contemporary fleet of tow vehicles. U.S. Tow has a fleet of eight units including five flatbeds and three wheel- lift/standard duty trucks We additionally have three heavy duty trucks and one heavy duty trailer. This fleet, which we continuously service and upgrade, will allow us to maintain call times well under the 20 -minute requirement of the City of Vernon Police Department. Customer Service The employees of U.S. Tow are trained to develop awareness of customer problems, to establish empathy for customers, to understand and adapt to the diverse ethnicities and cultures of customers and to treat customers with respect and their vehicles and personal belongings with professionalism. Each one of us at U.S. Tow understands that difficult situations arise and our "team" philosophy of operation allows us to proactively handle these situations before they become problematic. City of Vernon Police Department April 16, 2015 Page Three of Three Management Moshe Ben Dayan, the President/CEO of U.S. Tow, has been actively involved in the tow industry since 1989 at which time he established Classic Tow, Inc. dba Tip Top Tow Service which he has operated continuously in Santa Monica since that time. It is significant that Mr. Ben Dayan made the operation of Tip Top Tow Service his one and only business commitment until his purchase of U.S. Tow in 2013. Authorized Contact The person authorized to represent U.S. Tow in negotiations with the City of Vernon Police Department is Nloshe Ben Dayan, President/CEO, U.S. Tow, Inc. Mr. Ben Dayan additionally is authorized to execute the agreement with the City of Vernon on behalf of U.S. Tow and is the contact point for any questions or concerns relative to this Proposal. This Proposal will remain valid for a period of not less than ninety (90) days from the submittal date of April 16, 2015. Legal Business Status U.S. Tow, Inc. is an "S" corporation, Federal Tax ED490-1014831. The corporation was founded in 1983. Moshe Ben Dayan is President/CEO of the corporation and Stephanie McColgan is Vice President and Secretary/Treasurer of the corporation. The address of U.S. Tow, Inc. is 2119 East 25`h Street, Los Angeles, CA 90058; the telephone number is (323) 870-7100; the FAX number is (2 t3) 749-0272; and the e-mail address is mosheamustow.com. U S. Tow currently meets all Federal, State and City requirements and there are no changes necessary or requirements unmet for us to operate the Franchise Tow Fee Program for the City of Vernon Police Department. Our site is operative, our office functional, our required insurances in place and our economic viability and professional commitment unwavering. We would very much like to be selected to work with you. Thank you for ypur consideration of U.S. Tow for this contract. Very truly your es1Vl hese a a Stephanie McColgan President/CEO Vice President and Secretary/Treasurer INTRODUCTION U.S. Tow, Inc. has served as the Official Police Garage for the Newton Division of the Los Angeles Police Department for the past 10 years. In this capacity, we have been responsible for towing and storage services for the LAPD, the Department of Transportation, the Los Angeles Unified School District and other City of Los Angeles Departments. During those years, we have developed strong and impeccable guidelines for the conduct of our business. We also have developed strong ties to the community which surrounds our facility and of which we consider ourselves a part. If selected to become the Franchise Tow Fee Program Contractor for the City of Vernon Police Department, we would view ourselves as having a specific contractual obligation to Vernon and it is twofold: (1) every single day of the year and every single hour of each of those days we must provide an organized, timely response to the officers of the Vernon Police Department to pick up and tow vehicles and there can be no lapse in this performance; and (2) at the time that a vehicle is released to its owner, we must provide careful, courteous, empathetic service throughout the release. We must additionally create accurate and complete paperwork as part of this entire process. For those vehicles that are not released and must instead flow through the lien process, a completely different set of rules governs. This process also requires stringent controls and strict compliance with the law. We will be dedicated to providing service to the City of Vernon while, at the same time, maintaining strong standards of quality and safety for our customers — just as we currently do for the LAPD. U. S. Tow has through the years of its operation developed strong training processes for every one of our staff persons. We consider these to be the core of our association with the LAPD, DOT, other City agencies as well as our private clients. We continuously leave no detail of our employee training to chance, making every effort to provide our staff with training that is comprehensive and meaningful. As a result, we are able to keep customer complaints to a minimum. U.S. Tow has always supported involvement in the community in which we work. However, since his acquisition of the business in 2013, Moshe Ben Dayan has made a particular effort to increase the community involvement of the firm. Mr. Ben Dayan understands that investment in the community in which he works represents an investment in U.S. Tow itself. As you evaluate us, we want you to understand that we at U.S. Tow will work very hard every day to provide the very best service to the City of Vernon, the members of Vernon's Police Force and the customers of our firm. Moshe Ben Dayan has had a sterling record of performance at his Classic Tow, lire. dba Tip Top Tow Service for 25 years as his references and contracts will attest. We bring to this submission our extensive past OPG experience, Mr. Bun Dayan"s expertise and the professional qualifications and dedication of our staff. We do not require a site; wo have one.`'1Te do not require a fiutctioning office with all of the latest computer and secutrity equipment, we have it. We do not require tow equipment; wo .have the best. We understand that the Request For Proposal for the letting of the Franchise Tow Fee Program contract is competitive, but we ask that you consider our past experience with the LAPD, our long- term operation and staying power, our relationship with the community and our commitment to strong performance at all times and in all circumstances. rEIIICLF IMPOUND INFORMATION CENTER The Future of towing management is happening today at U.S. Tow, inc. with our Vehicle Impound In formation Cenlcr (VI[C). Our VIIC features were developed by its with the help of law enforcement and have been customized to meet the needs of our customers. The system_ is not an off -of -the -shelf product; rather it is a system designed to assist us and our law enforcement clients to oversee towing and impound oporations while providing accountability and oversight. 'rho web -based system, which provides information regarding impounded vehicles, tuts been prinimily designed to be used by municipalities, but also contains a Free public search element designed for use: by the general public. VIIC REPORTS 'rhe VIIC system provides our law enforcement customers with. real time reconciliation and auditing of remitted fees through a computer system that cannot be altered. This system provides very readable I'DF reports or reports that can be downloaded into a CSV .tile for the Department's use in daily oversight. VIIC system features include: e Detailed monthly activity retorts which show all impound and storage activity; a Vehicle reports which show vehicle date in and date out; a Vehicles by "hold" status; • Gross revenue remittance reports; and • Vehicle release fee remittance reports. LAW ENFORCEMENT ACCESS AND INFORMIAnON The VIIC systern allows authorized personnel to quickly and accurately track vehicles, thus ensuring the proper collection of fees for towed and impounded vehicles. Through secured Internet access htlp:/twww.op2Iaviio.com or by stand-alone computers located within authorized lave enforcement facilities, users can obtain immediate access to information pertaining to impounded vehicles 24 hours per day 7 days per week. This information consists of several components including vehicle inventories by vehicle make, license plate, VIN and original location of the impound. PLBLIC ACCESS AND INFORMATION Although the inR)rmation available to law enforcement agencies is more comprehensive that that available to the general public, the VIIC system also provides the public with valuable real-time information which facilitates the location of impounded vehicles. With the VIIC system, the public can determine the location of vehicles through Internet access. Required search i*uformation includes the license plate number and VIN. Once the vehicle is located, the VIIC system provides the U.S. Tow name and address, directions to our facility, release Hou -s, fees incurred and a simple matrix by which fes can be calculated. 2 GENERAL SCOFF OF WORK/ WORK PLAN INDI!_-iftul U.S. Tow's facility is a point of great pride for its owner and management. Our facility consists of state-of-the-art construction and contains clean, welt organized, modern evidence hold, ancillary storage, dispatch and office space It is situated on a fully concreted lot which is meticulously maintained. We pride ourselves on the image that is conveyed to the governmental agencies with which we are involved, the public that we serve and the surrounding community and this image is carefully monitored. Our location complies with all City of Los Angeles zoning requirements for a towing operation and auto park, with a zoning designation of M3-1, and no Conditional Use Permit is required. We believe that U S. Tow sets the bar for the way in which a towing operation facility should appear. Our property contains 174,240 square feet (4.0 acres) with aluminum and steel fencing which is eight feet in height and is topped with concertina wire. The yard has concrete flooring and contains capacity for 750 vehicles. Because of this large capacity, we are able to store impounded vehicles for as long as is deemed necessary by the Police agency involved. The yard is very well lighted and there are 50 cameras providing 24-hour video surveillance (archived for a minimum of 180 days). Our storage yard is immediately adjacent to our business office and is attended at all times by our staff members. U.S. Tow has personnel on-site 24 hours per day 365 days per year and we are open to the public between 7:00 a.m. and 7.00 p.m. seven flays per week 365 days per year. We are also always available to accommodate special City events. Our property has been leased to U.S. Tow on a long-term basis. Our property lease was renegotiated shortly after Moshe Ben Dayan acquired the company in 2013. The initial lease term is for five years and runs from September, 2013 to September, 2018. Following that period, we have two options of five years each, with the tease ultimately terminating in 2028. Administrative Facility Our facility contains approximately 12,600 total square feet of building area and houses four separate personnel offices, dispatch, accounting, a filing room for auction records and other files, a lien sale area, an IT area, a etassroom/break room for company and community use, an Evidence Hold Area and ancillary storage space. Evidence Hold Area This 2,600 -square -foot secure area has 24-hour surveillance and limited access with specific rules for entering and exiting. It is equipped with two roll -up doors for unobstructed access and has a capacity of 10 vehicles. There is an additional secondary Evidence Hold Area which is protected by one metal roll -up door and a bullet proof ballistic glass pedestrian door as well as an evidence property room. Our Evidence Hold Area has a specifically designated inspection area which is accessible only to designated U.S. Tow personnel and Police officials. Indoor Workshop Our facility has an indoor workshop for the storage of heavy equipment. Our facility additionally contains one four -post hydraulic lift, two air compressors, three propane forklifts, one tire changing machine and one digital scope camera. Physical Location The facility of U.S. Tow is located at 2119 East 25`x' Street, directly across 25`1' Street from the northern boundary of the City of Vernon. TOW EQUIPMENT The staff and management of U S. Tow, Inc. have many combined years of experience with various types of tow equipment. This experience has resulted in the knowledge that deploying the correct equipment is critical to the efficiency and success of Official Police Tow operation. All of our tow equipment is equipped as provided in the California Vehicle Code. Another very important element for our operation is that our tow drivers have the best and most appropriate equipment to complete tasks in a damage free and expeditious manner. The area in which we are located has a diverse impound environment. Vehicles often are stripped of major components such as wheels, engines and body panels and sometimes are burned and/or wrecked. At the other end of the spectrum, we handle custom and high value vehicles. Our equipment, including flatbeds and wheel- lift/standard duty trucks as well as heavy duty equipment including tracks and a trailer, is engineered to accommodate these diverse situations in a timely and efficient manner. Our wheel-lift/standard duty trucks have been engineered and manufactured to be efficient and fast, thereby providing for the immediate removal of vehicles from major thoroughfares. With these trucks, peak hour tow away zones can be cleared expeditiously to relieve traffic congestion and provide the public with clear paths to their destinations during heavy traffic periods while allowing City personnel to respond to other duties without unnecessary delays. With the utilization of experienced and trained personnel, an impounded vehicle can be removed in just minutes by a wheet-lift/standard duly truck. Wheel -lifts additionally provide damage free towing by lifting vehicles by only their tires. Body panels, front ends, bumpers and under carriages are not touched by the towing unit, thereby ensuring damage free handling of towed vehicles. Wheel- lift/standard duty trucks also allow efficient towing from parking garages and towing from off-road areas. Our flatbed carriers have been selected to provide efficient and damage free vehicle removal and transport. Vehicles with extensive damage, missing wheels or which are heavily burned are suited for removal by flatbed. Flatbeds also are wet l suited to hybrid, electric, exotic and custom vehicles. In addition, bulk items such as cargo from damaged vehicles, large or heavy vehicle components from "chop shops," motorcycles or stolen vehicles can be safely loaded onto flatbeds to provide damage free transport with minimal loading time. Flatbed carriers also provide the capability to transport two vehicles at the same time, thus allowing us to respond quickly and efficiently when requests for service are made in proximate geographic locations or when requests are made in a narrow time frame. Our choice of Kenworth and Hino chasses is based upon their capability to handle two vehicles at once and/or to transport heavy and/or oddly shaped cargo safely. Our heavy duty trucks, with their adjustable booms and five -ton lifting capacity, and our heavy duty trailer are available for the heaviest requirements, including the towing of large and oversized vehicles, and again attest to our well- rounded, complete towing capability. Our drivers are highly trained to operate all of our tow units. In particular, flatbed units require highly skilled drivers with a thorough knowledge of the machinery involved. They also are trained to unlock locked vehicles, a frequent request from our Police clients. Our staff is trained to operate units with the priority of safety to themselves and to the public they serve. Continuing education enhances their knowledge base and ability to perform the tasks involved. If selected to be the Official Police Tow for the City of Vernon Police Department, we will immediately file with the Department the name, address, date of birth, driver's license number and all other information required relative to each of our drivers. We will also notify the Department of any driver no longer employed by us as well as the identity of any driver whose license is suspended. Our training procedures are in writing and a copy will be provided to the Vernon Police Department. U.S. Tow, Inc. also is a member in good standing of the California Department of Motor Vehicles Pull Program. Within our facility, the use of forklifts with special attachments provide efficient and damage free vehicle movement and/or vehicle release. Our forklifts are powered by liquid propane, providing low emission levels and reduced carbon monoxide release. U.S. Tow constantly monitors trends in tow equipment, vehicle impounds and safety practices. It is through this due diligence that we are able to provide our clients and the motoring public with the highest level of safety and service. 5 U.S Tow has a total of I I tow units, including three wheel -lifts, five flatbeds, two wreckers and one tractor. We also have one trailer. In addition, U. S. Tow has access to the 23 tricks of Tip Top Tow Service in case of a large emergency operation or a disaster operation. A listing of the tow units of US. Tow is provided on the following page. TWO -WAS` RADIO COMMUNICATION EQUIPMENT U.S. Tow, Inc. uses Kenwood hardware for its two-way radio system. The system employs mountain -top repeaters to maximize coverage area and provide reliable, quality communication, thus enabling instant access to our fleet and personnel. Our two-way radio communication equipment also sends and receives Police tow requests between dispatch and our tow units on a first priority basis. Through its use, all of our clients benefit from faster service, increased efficiency, quick schedule or task changing and higher productivity. DISPATCH COMPONENTS U.S. Tow, Inc. utilizes an efficient dispatch system which features three components — proper tools, adequate staffing and management oversight. Our use of vehicle tracking and computerized dispatch is integrated to maintain the highest level of service. Our system includes time stamping of all requests received as well as notation of the exact time the request is assigned to a tow unit, the time the tow unit arrives at the scene of the request and the time that the tow unit returns to the U.S. Tow facility. Our system also assigns a number to each tow request for tracking purposes. Our dispatch terminals are dedicated to the function of dispatch only. Our radio communications equipment sends and receives Police tow requests between dispatch and the tow units on a "first priority' basis. The dispatchers of U.S. Tow are trained in the effective use of radio equipment in order to maximize efficiency. The dispatch office is equipped with a telephone system capable of receiving tow requests on a "first priority" basis and dedicated telephone lines ensure "first priority" to "Police" calls. Dispatch is a dedicated function on a 24-hour per day, seven-day per week, 365 -day per year basis. Dispatchers are available to release vehicles seven days per week between 7 a.m. and 7 p.m. and for a minimum period of four hours after any special event. Every member of our office staff is cross -trained in order to provide an excellent service standard in the execution of dispatch duties INFORMATION TECHNOLOGY KNOWLEDGE The computer system utilized by U.S. Tow is the Impound Management System/Information Management System (IMS). It is used for both dispatch and accounting. The program utilizes functions which provide dispatch, vehicle inventory i TOW WN ITS U.S. Tow, Inc. owns i 1 tow units and one bailer, as follows: 7 -- Weight Type, Year Make (lbs) iVIN t 1l 200) Dodte 19,000 + �7 5500 — 15 Flatbed 2010 i IIino 258 25,500 19 Flatbed I 2005 Kenworth 26,000 " + ,1,_30p 22 Whecl- i t 2005 Ford F-550 19,000 r °o 26 Eatbed 2006 Kenworth 26,000 T-3ao 27 Flatbed 2006 Kenworth 26,000 T-300 13 Wheel-lifti 2013 Cheeti _ 15,000 1 3500 HD 20 _ Flatbed I 3035 Puler-xlt 26,000 y y. I 25 Wrecker f 2014 i Peterbilt I i 54,000 - ---- 16 —..._. Wrecker _._._.- 2015 • _—._.._ ; Kenworth —,5 .3,000 ° i 80 Tractor 2007 i Freightliner 80,000 81 Trailer 2015 Landoll 97,000 mammon== 7 search, property removal with receipt, inspection of a vehicle with receipt, evidentiary hold area search and auditing, lien processing including the removal of liened vehicles, VIN verification of make and model, cash on delivery options and private property impound tracking. Not all employees are granted access to sensitive information contained in the tow program. Only management and ownership can access all records pertaining to any particular vehicle Any changes made in the computer record concerning a vehicle are tracked through an exception report. The exception report is checked every morning by management to ensure that no unauthorized changes have been made to any computer record. The programs also have a fleet function by which U.S. Tow can maintain fleet data as well as an accounting function for maintenance of accounts payable and accounts receivable. IMS also has reporting functions that allow its to keep daily, weekly and monthly internal reports. Our accounting department additionally uses QuickBooks to maintain a checks and balances system for all accounts. Quickbooks provides U.S. Tow with a controlled method by which to track accounts, print statements and maintain a ledger for monies that flow in and out of the company. Quickbooks Pro is used to pay bills, record payroll, reconcile cash and keep track of vendor and employee ledgers and advances. A daily back-up of our computer system is completed and stored at a remote location. An outside firm monitors this back-up on a daily basis. We additionally have software support readily available for our tow program. All files are backed up several times per day and we have a working generator in case of a significant power failure. Our computer system, software and tow program are set up to generate franchise fees (which are placed in a separate account) and impound information and the safeguards are in place to monitor these functions at all times. If U. S. Tow is selected by the City of Vernon Police Department to be its Official Police Tow, Police personnel will be assigned a user name and password which will allow them access to this system on a 24/7 basis As such, Police personnel will be able to electronically view all documents as well as to scan and print the docuuments and thereby have a physical copy. Our dispatch, tow lot management, impound and franchise fee software has a long history of use within U.S. Tow. Our hardware has been carefully selected to provide both reliability and ease of use. Computer work stations, servers, telecommunications and video surveillance (the Kantech System) have been chosen and implemented to provide the highest levels of'security, accuracy, accountability and service. 91 MONTHLY REPORTS If selected to be the Official Police Tow for the City of Vernon Police Department, U.S. Tow will submit a monthly report to the Chief of Police and Finance Director which, as per the City of Vernon requirement, includes the following *Total Police hnpounds. "Number of times dispatched by the Vernon Police Department. 'Number of calls resulting in impounds. "Number of vehicles sold on lien sale under authority of Section 3072 Civil Code and reporting said lien sales as per authority of Section 22705 CVC. Number of vehicles sold under authority of Section 3073 Civil Code. "Names and addresses of buyers and description of vehicles when sold. 'Number of calls answered in which time beyond one hour was required. EVIDENCE HOLD VEHICLES U.S. Tow, Inc. has 10 years of experience as an OPG for the City of Los Angeles Police Department and thus of dealing with vehicles and vehicle -related components that are on "hold" for evidence or require processing by a crime lab unit. Moshe Ben Dayan, the owner of U.S. Tow, has 25 years of experience in the handling of evidentiary holds and maintaining the integrity of the "chain of custody" in conjunction with his other public agency towing operations through his firm Classic Tow, Inc. dba Tip Top Tow Service. All of our personnel are acutely aware of the importance of handling vehicles with evidence holds. A set of specific steps are consistently employed in order to ensure that vehicles are not mishandled and that the "chain of custody" is maintained at all times. All of our personnel receive training on how to deal with vehicles from the moment a call is generated until the final disposition of the vehicle occurs. ® Dispatchers advise drivers of a request for service for a vehicle that requires special handling due to evidence or criminal lab processing. Drivers request from the impounding officer or the officer in charge at the scene of the impound whether any special handling is required so as not to touch surfaces of a vehicle, not to enter a vehicle, not to disturb possible material under or on a vehicle or any other special requests dealing with the handling of the vehicle. Once evidence hold vehicles arrive at the storage yard, drivers sign the Evidence Log Book noting the time, date, year, make, model, color, VIN; license and names of any persons who will enter the Evidence Hold Area in conjunction with the vehicle. ® Following placement of a vehicle or components of a vehicle within the Evidence Hold Area and the securing of the Hold Area, drivers retunr to the office to notate the date and time of completion of the vehicle and/or vehicle components placement. ® Drivers receive instruction on the handling of vehicles utilizing our equipment so that the vehicle can be transported without disturbing fingerprints and/or other physical evidence contained on or inside it. As vehicles arrive at our location, they are entered into our vehicle inventory database and the Evidence Log Book. In order to verify the time of entry, U.S. Tow utilizes a time stamp along with the manual entry in the Evidence hog Book. Within the vehicle database, a special "hold" is placed and this creates a (lag which must be specifically acknowledged prior to any change such as an authorized release by the agency placing the original hold on the vehicle. Often vehicles get released from "hold" status prior to the release of the vehicle to the owner or interested party. Vehicles that are released from a "hold" status prior to removal by the owner or interested party have specific notes entered in the vehicle database as well as the agency, name, ID, date and time that the vehicle's "hold" status was removed Associated paperwork is additionally attached to the vehicle record (CHP180). Once the vehicle has had the "hold" released, it is removed from the Evidence Hold Area and placed in the general vehicle inventory. U.S Tow has a segregated, completely enclosed evidence warehouse with a storage capacity of a minium of 10 evidentiary/criminalistic hold vehicles. U S. Tow also maintains an area that can be converted to a temporary secure hold area in the event of a large scale crime involving many vehicles or bulk items. A minimum of six additional vehicles can be secured in this area. Evidence Hold Area entry is limited to OPG employees and concerned law enforcement officials and video surveillance is used to enhance the security of vehicles within the Evidence Hold Area. An electronic record of the person, time, date and duration of access is maintained. This is accomplished through entry system technology which features a magnetic lock system with unique entry key fob assigned only to management. The supplier of our entry control and electronic entry and exit recordkeeping is Kantech. The Kantech system features electronic recording and physical hardware that is secure and that provides access limited to management in order to ensure that the "chain of custody" is not compromised. All entries are also noted in the Evidence Log Boole. The elements of recording and recordkeeping of entry to our Evidence Hold Area allow management and law enforcement to validate all access. The area has large, clear posting prohibiting entry. The Evidence Ilold Area features ample lighting to aid detectives and/or evidence technicians in the processing of vehicles. U.S. Tow also has a vehicle lift available on-site to aid investigators. Through all of these mechanisms, we ensure that only vehicles or vehicle parts that are held for evidence or criminalistic hold are stored within the Evidence Hold Area. 10 With respect to the City of Vernon Police Department, if U.S. 'row is selected as the Official Police'Tow, notification wilt be provided by U.S. 'Cow to the Police Captain or his/her designee of vehicles with a "hold" that are stored in excess of 72 hours. As per the City of Vernon Police Department requirement, "holds" will expire 10 calendar days after the date of a tow unless otherwise extended by a Police Department employee. LIEN SALE EXPERIENCE U.S. Tow, lire. files for vehicle liens following California Civil Code Sections 3068. 1, 3071, 3072 and 307/t. Ultimately, not all liens started end in disposal through public auction. Many vehicles are redeemed by registered owners, legal owners or authorized interested parties, thus accomplishing the intended purpose of notification followed by redemption. In the event that a vehicle is not redeemed, a sale is conducted to satisfy the outstanding lien and avoid the stockpiling of vehicles. Vehicle disposal through public auction has been performed for more than 10 years by U.S. Tow and more than 20 years by !Moshe Ben Dayan via other towing operations that he owns and operates. U.S. Tow sells vehicles in a fair and impartial manner to the highest bidder. Our ,sale list is posted in public view at our facility a minimum of 10 days prior to the sale date, and vehicles are available for inspection one -and one-half hours prior to the sale time on the sale date. We continually strive to improve levels of customer service to members of the public who attend our weekly auto auctions. U.S. Tow is bound by California Civil Codes relating to the disposal of impounded vehicles. U.S. Tow also stringently follows the fee structure outlined in the California Civil Codes that pertain to the processing of vehicle liens. if selected to be the Official Police Tow for the City of Vernon Police Department, U.S. Tow will supply a list of vehicles on a monthly basis that we intend to lien sale prior to actual sale for approval by the Department. We will additionally review any other elements of our lien sale operation requested by the Department. CUSTOMER SER%7fCL U.S. Tow takes extreme pride in its exceptional customer service. The impound process is by its very nature a stress producing experience and we attempt in every possible way to expedite the process and make it as comfortable as possible. Registered owners redeeming vehicles can expect to deal with employees who are well trained, courteous and professional and with a facility which is clean, modern and secure and which provides them with comfort in the event that they need to wait for appropriate paperwork, acceptable form of payment or a towing service for a disabled vehicle in order to complete the release process. U.S. Tow completely understands the responsibility for the proper release of'vehicles to parties who have a legal right to take possession and we take all necessary precautions through established procedures throughout the release process. Our personnel are trained to verify that a proper release has been issued by us or by the Il relevant governmental impounding agency prior to the release of vehicles that have either a statutory or evidence hold. A dedicated computer system is available to check the "scofflaw" status of vehicles prior to their release. Personal property is released to identified, authorized persons and is inventoried and notated on the vehicle record. Our staff also is trained to answer general questions regarding the disposition of vehicles and lien sale auction information, Computer equipment with access to our vehicle inventory software is available to handle high-volume release situations. COMMUNITY SUPPORT ANIS INVOLVEMENT U.S. Tow understands the importance of support of and involvement in the local community. Even though we are physically located in an industrialized portion of the City of Los Angeles, we are well aware that there is a significant community of residents surrounding our site. As such, it has been our continuing philosophy of operation to identify and support portions of the community and community projects in need of financial sponsorship and the donation of other assets. We additionally have a well appointed classroom/brealc room at our facility which we offer for community use. t2 U.S. TOW, INC. - TOW RATES/FEES 'dowing Storage Light Duty $148.00 $43.00 (under 10,000 GVWR) Motorcycle $148.00 $20.00 Medium Duty $250.00 $55.00 Heavy Duty $300.00 $65.00 Low Boy $300.00 $65.00 Super Heavy Duty/ $475.00 $65.00 Wrecker Forklift $9 5-0 0(p°r hour) Service Call $74.00 Bulk Item $12.00 (per pallet/per day) • Towing/recovery work/transport is assessed portal to portal. There is no tee variation for night tows. • Storage/impoundment rates are the same for day and night. Our release hours are 7:00 a.m. - 7:00 p.m. and there are no after hours releases. ® Towing rates are subject to 30 -minute increase increments after the first hour. e Storage for less than 24 hours is charged as one day. After 24 hours, storage is charged per calendar day. ® Service calls are based on a one-half hourly tow rate. • Vehicles not redeemed within 72 hours are subject to lien sale/notice fees of $70.00 - $100.00. ® All City vehicle tows within 30 miles are free. • All City vehicle tire changes within 30 miles are free. ® All towing and storage rates are the average of those charged to the Los Angeles Police Department, the California Highway Patrol and the Los Angeles County Sheriff's Department. ® U.S. 'Tow, Inc. is open to negotiating the final franchi'sg-fe with the City of Vernon. However, we are asking fo a'fee of 7% of gross�ipts which is the amount that we currently charge L I D. 13 ABILITY OF U.S. TOW, INC. TO PERFORM THE NECESSARY FUNCTIONS U.S Tow, Inc. was originally founded as a California "S" corporation in 1983. 'The company was purchased by Moshe Ben Dayan in 2013 Mr. Ben Dayan is the sole Owner/President/CEO and owns 100% of the corporation. U.S lbw, Inc. has its only location at 2119 East 25th Street, Los Angeles, CA 90058. The firm has a total of 19 employees. S'L'ATE AND CITY LICENSES U.S. Tow, Inc. is licensed to operate in the State of California and the City of Los Angeles. Our licenses include City of Los Angcles Parking Occupancy Tax M; City of Los Angeles Professions/Occupations; City of Los Angeles Police Commission Permit for Towing Operation; City of Los Angeles Police Commission Permit for Master Auto Park, City of Los Angeles Police Commission Permit for Auto Park, and State of California Department of Motor Vehicles Motor Carrier Permit EXPERIENCE (OPERATING A COMPLEX BUSINESS As stated above, Moshe Ben Dayan purchased U.S. Tow, Inc. in 2013. Mr. Ben Dayan carne to the purchase with a strong understanding of the highly regulated and complex operations of an Official Police Garage/Police Tow. Since his purchase of U.S. Tow, Mr. Ben Dayan has been working to improve the already strong operations and level of service of U.S. Tow's Newton Division OPG. Based upon commendations that he has received from members of the Los Angeles Police Department, he appears to be succeeding. In addition to U.S. Tow, Mr. Ben Dayan owns and operates Classic Tow, Inc. dba Tip Top Tow Service. He founded and has owned and operated this company since 1989 and it has been his full-time and only business involvement until his purchase of U.S. Tow. Tip Top Tow Service is the Official Police Tow for both the Cities of Santa Monica and Beverly Hills. The firm has worked in this capacity for Santa Monica since 1993 and for Beverly Hills since 2012. Service to these entities is highly regulated and involves impounding of vehicles including owner requests, statutory holds and evidence holds as well as the roadside servicing of City -owned vehicles and traffic accident assistance. Mr. Ben Dayan has additionally participated in the California Highway Patrol's (CHP) rotation Tow Service Agreement (TSA) since 1992, providing general towing and impound and storage services. Additionally, Mr. Ben Dayan is a Freeway Service Patrol provider for the Los Angeles County Metropolitan Transportation Authority (LACMTA), providing freeway roadside services to stranded motorists since 2005. The contracts let 14 by this Agency are highly regulated with scheduled and random inspections of tow truck units and facilities conducted by LACMTA itself as well as by the State of California Department of Transportation (Caltrans) and a special unit of the CHP known as "David Units." The level of regulation imposed by the CRP's David Units is unequaled in the towing industry, with strict enforcement of riles and regulations as well as of drivers and trucks in the field through monitoring by GPS, Caltrans and the CHP itself. The contracts of LACMTA mandate that detail be paid and rules adhered to relative to a multitude of policies and procedures and that standards be strictly enforced. Moshe Ben Dayan and Tip Top Tow Service have never had a contract fail to renew due to substandard service or violation of any rules and/or regulations. The successful operation of a tow business is complex, with many areas of responsibility. We are responsible 24 hours per day 365 days per year for dealing with the vehicles and personal possessions of many people, some of whom are angry about having been towed in the first place, distraught over damage to their vehicle or who are dealing with the consequences of having a family member or friend injured in an automobile accident. We are responsible 24 hours per day 365 days per year for dealing with law enforcement and the complexities of evidentiary holds, constantly being attentive to the issues involved in the potential contamination of important evidence. We are responsible for conducting lien sales with careful attention to the legalities of this procedure such that we do not err either on our own part or for the interests of the customer. We are responsible to our employees for the creation of a work enviromnent that is comfortable, clean and conducive to minimizing the stress of a business which requires proficiency in taking calls, dispatching drivers accurately and quickly and performing tow services in an efficient, orderly and courteous manner. We are responsible to the many vendors with whom we do business including insurance providers and equipment and parts providers and we must be vigilant at all tithes regarding the licenses and permits that we hold. And, we are responsible to the community to maintain a top-notch facility which is environmentally conscious with minimal noise and pollution and to participate in community events and sponsorships. CAPABILITY AND EXPERIENCE OF KEY PERSONNEL MANAGEMENT Moshe Ben Dayan, President/CEO. Moshe Ben Dayan is a true "pro" within the tow industry. His first involvement with the industry was in 1989 when lie founded Tip Top Tow Service in Santa Monica with one trick. Since that start, he has built Tip Top Tow Service into a strong, successful corporation now known as Classic Tow, Inc., dba Tip Top Tow Service. Tip Top Tow Service has a facility in Santa Monica wholly owned by Mr. Ben Dayan, 19 trucks and 23 employees. Among numerous govermnental and private affiliations are Official Police Tow contracts with the Cities of Santa Monica and 15 Beverly Hills, Freeway Service Patrol contracts with the Los Angeles County Metropolitan Transportation Authority and service contracts with the Los Angeles County Sheriff's Department, the California Highway Patrol, the U.S. Postal Service and the Federal Bureau of Investigation. Mr. Ben Dayan purchased U.S. Tow, Inc. in 2013 and through this entity is the Official Police Garage for the Newton Division of the Los Angeles Police Department. U.S. Tow additionally provides service to the Los Angeles County Sheriff s Department and the California Highway Patrol among others. Mr. Ben Dayan's specific responsibilities at U.S. Tow include overall management of all operations including financial operations; company policy including contract procurement and compliance; project staffing, customer relations; community relations, and equipment/facility procurement and operations. The resume of Mr. Ben Dayan is included as an attachment to this Proposal. INTERNAL STAFF Mohammed Jaweed, CFO. Mohammed Jaweed has had a wealth of experience as Controller for several major companies. He is extremely skilled in financial, accounting and bookkeeping functions. With a more than 25 -year background in financial reporting of all kinds, he brings to U S. Tow the ability to review the daily activities of the Newton Division OPG including monitoring of vehicle release fees, gross receipts fees, collections and business license fees. He is additionally skilled in the monitoring of auditors and insurance companies to maintain our liability and Worker's Compensation insurances and to manage all internal and external payroll reporting. Mr. Jaweed worked as an external/outsource resource for Mr. Ben Dayan for more than 20 years prior to his employment at U.S. Tow. The resume of Mr. Jaweed is included as an attachment to this Proposal. Richard L. Kettering H, General Manager. Richard Kettering has been an employee of U.S. Tow, Inc. since 2009. As such, he is extremely knowledgable regarding all of the operations of our business. Short of calling him a skilled `jack of all trades," it is certainly appropriate to note that his responsibilities are and have been significant and multidimensional. Mr. Kettering has management experience, he is knowledgable with regard to all aspects of the OPG system; tow driver safety compliance, complaint/problem resolution for customers and Police agencies; employee relations including hiring and dismissal; lien sales auction operation (Mr. Kettering is the auctioneer) and paperwork; and security camera content review. The resume of Mr. Kettering is included as an attachment to this Proposal. Stephanie McColgan, Assistant Manager. Ms. McColgan brings a unique background to U.S. Tow. She has worked with Moshe Ben Dayan since the start of Tip Top Tow Service in 1989 and, as such, is knowledgable with respect to all aspects of the towing industry. At Tip Top Tow Service, she was responsible for the management of the banking/financial aspects of the day-to-day business; payroll computation; daily receipts 16 computation; serving as a back-up dispatcher; resolution of difficult customer, staff and vendor issues; and community/public relations interface At U.S. Tow, Ms. McColgan prepares lien sale auction paperwork and vehicle release paperwork. She is responsible for the banking activities of the firm as well as human resources/employee applications and other associated paperwork. Ms. McColgan also assists the General Manager with other overflow business matters associated with the company The resume of Ms. McColgan is included as an attachment to this Proposal. ADMINISTRATIVE STAFF The administrative staff of U S. Tow, Inc. is carefully trained and is latowledgable in the following areas related to company operations: computer software, dispatch; impound reporting; vehicle release procedures; vehicle property removal procedures; statutory hold vehicle release procedures; evidence/criminalistic hold vehicle procedures; lien sale procedures and fees; two-way radio use, telephone system and customer service techniques and procedures; criminal activity reporting; and the prioritization of calls for service. The administrative staff of U.S. Tow also receive continuous training in such aspects of company operations as dealing with hostile people and developing solutions to hostile situations; making effective decisions and implementing those decisions; understanding and adapting to the diverse ethnicities and cultures of customers; and establishing empathy for customers. TOW (DRIVER STAFF The tow driver staff of U.S. Tow, Inc. is carefully trained and is knowledgable in the following areas related to its work: highway safety, towing techniques; rollover and recovery techniques; laws pertaining to operation of tow trucks; customer service; automotive lockouts, and tow truck maintenance. Our tow truck drivers also receive continuous training in the following areas: computer software, impound report reading and understanding, vehicle codes; care and custody of vehicles; forklift operation; vehicle release procedures; vehicle property removal procedures, vehicle inspection procedures; verification of proper release of evidence hold vehicles; verification of proper release of statutory hold vehicles; proper handling of evidence/criminalistic hold vehicles; proper placement and spacing of vehicles, criminal activity reporting; vehicle identification (license plate and VIN); prevention of heat stress, dehydration, exhaustion, stroke and related problems: battery safety, prevention of blood borne pathogens; fire extinguisher use; back injury prevention; and eye protection. All drivers must hold and maintain Level 1 Certification from the California Tow Truck Association. A Staff Flow Chart for U.S. Tow, Inc. is provided on the following page. 17 Stephanie McColgan Assistant Manager U.S. Tow, inc. Staff Flow Chart Moshe Ben Dayan President/CEO b Mohammed Jaweed CFO I; Richard Kettering General Manager V Ernie Gonzalez Dispatch Manager Mario Sanchez Dispatcher Jose Martin Dispatcher Leonard Sanders Dispatcher Victoria Reyes Dispatcher 18 Luis Cruz Driver Manager Rosendo Favala Driver / Mechanic Filiberto Hernandez Driver i Khachik Bekarian Driver Armando Valenzuela Driver Victor Arevalo Driver Raul Marroquin Driver Carlos Reyes Driver V Walter Ruckwardt Yard Manager b Jonathan Zetina Yardman AFFIDAVIT OF tN0N-COLLIiSION BY COIN FRACI'OR SI -AVE OF C.,VAFOIZNljk ) ) ss COUNTY OF LOS ANGELES ) Moshe Ben Dawn . _ _—, being first duly swum deposes and says that he/sho is _ _Owner/Presi dent/CEO snort'sol&ownM"," ft o'o...... 'rrs,dtul. "Secreu�y pr oJ,er pmper p[le) of U.S. Tow, Inc. rinterc roac„i S,,:e!en wao submits herewitn to the City of Vernon a bid/proposal; r'hat ail statements of fact in such bid/proposal are true; That such bid/proposal was not made to the interest of or on behalf of any undisclosed person, I;armc:ship, company, association, organdation or corporation; ha* xuch bid/proposal is genuine and not collusive or sham; That said bidder has not, directly or indirectly by agreernent, communication or conference with anyone attempted to induce actio;: p^ghidis;a! to the interest o; the City of Verso;,, or of any other bidder or anyone else Interested in the proposed contract; and further I'hat prior to the public opening and reading of bids/proposals, said k,iddcr: a. Did not ":'cetly or ind'rcc:ly, i:duce or solici` anyone eine 'o s":brit :a false or share bid/proposal; b. Did not dirrctly or indirectly, collude, conspire, connive or a;;ree with anyone else that said bidder or anyone else would submit a false or sham bid/proposal, or that anyone should refrain from bidding or withdraw his/her bid/proposal; c. Did not, in any manner, d;.ecdy or mciLrectly seek by agreernertt, communication or conference with anyone to raise or fix the bid/proposaf price of said bidder or of anyone else, or to raise or tax any overhead, profit or -cost element of his/her bid/proposai price, or of that of anyone else; d. Did not, directly or indirectly, submit his/her bid/proposal price or any breakdown thereof, or the Contents thereof, or divulge mfonnat,on or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent trtereof, or to any,individual or group of individuals, except the City of Vernon, or to any person or persons who' a partnership of other financial interesr with said bidder in his/her business. certify uncler.fr uaLl�of'nertur, that the above informdtion is corvcct 13y: ,,t(e. Owner/Presidertt/CEO April 16, 201 19 1 .0 2011 EXHIBIT C THE EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities. B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age. C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class. D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. r� r EXHIBIT D LIVING WAGE PROVISIONS Minimum Livina Waaes: A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. Paid and Unuaid Days Off: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the service contract of violating employers. 17- r'?tt 1 OFFICE OF THE CITE' CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 October 6, 2015 U.S. Tow, Inc. Attn: Moshe Ben Dayan, President/CEO 2l l9 East 25°i Street Los Angcles, CA 90053 Re: Franchise Tow Services Agreement Dear Mr. Dayan: The insurance requirements have been met. Transmitted herewith is one fully executed original agreement, as referenced above, approved by the City Council on September 15, 2015, If you have any questions regarding this matter, please call contact Daniel Callcros at (323) 583- 881 l ext. t l4. Very truly yours, Deborah R. Juarez ' Records Management Assistant Enclosure c: Daniel Calleros Purchasing Department Ordinance No. 1231 Agreement File No. 15-091 EXcfusioeC Industhaf FULLY EXECUTED AGREEMENT CONTRACT/AMENDMENTSIGNATURE, ROUTING FORM, CONTRACFOR: US Tow [tic. and -YIP Automotive and Tow Services CONTRACT PURPOSE: Vehicle Tow Service Provider CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE n ('OMPI FITIVE SELECTION & NOTICED RFP ❑ COMPETITIVE 131D & NOTICED INVITAT[ON'FO BID ❑ EXEMPT FROM COMPETITIVE, PROCESS (APPROVAL ATTACHED) ❑ SERVICES ❑ MATERIALS O BUDGE'T'ED ❑ NOT BUDGETED TOTAL CONTRACT VALUE )_u <- Charge Acct. No(s) Amendment Value $ i.i Contract is an Amendment to Contract No.__(if applicable) RESPONSIBLE DEPARTMENT PERSON: Daniel Calleros PHONE: ext. 114 AUTHORIZATION: PApproved by Council on 9/15/2015 (Check One) R€&ulotion No_ (if applicable) ❑ Approved by City Administrator on Note: Attach .suly)orting documentation ❑Amendment Approved by (if applicable) ROUTING SEOUf NCE: (Please Follow in Order — Do not use N/A) Initials (1) Responsible Department Person � Checks substance of contract and assembles two (2) copies of YY contract, insurance & bond documents, certifies compliance with Competitive Bidding and Purchasing Ordinance (2) Liability and Claims i! Approves insurance and sureties, if bonds requit'CCI (3) Finance (Purchasing) Checks compliance with Competitive Bidding,& Living Wage Ordinances and reflected in current budget (4) City Attorney k D7 Approves contract as to form, verifies bonds and insurance included (5) City Signatory Signs all copies on behalf of City (6) City Cleric Attests signatures, numbers, files contract, insurance and bonds, and transmits duplicate original to contractor, notifies FF to remove related RFP/bid notice, notifies any "consultant" of duties to file Form 700, if applicable `Return Contract to PF for hand delivery** Date /� Rev. 1/27/11 CITY OF VERNON FRANCHISEE TOWING SERVICES AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND U.S. TOW, INC. Franchisee: Responsible Principal of Franchisee: Notice Information - Franchisee: Notice Information - City: Commencement Date: Termination Date: Consideration: COVER PAGE U.S. Tow, Inc. Moshe Ben Dayan, President/CEO U.S. Tow, Inc. 2119 East 2511 Street Los Angeles, CA 90058 Attention: Moshe Ben Dayan, President/CEO Phone: (213) 749-7100 Facsimile: (213) 749-0272 City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Daniel Calleros, Police Chief Telephone: (323) 583-8811 ext. 114 Facsimile: (323) 826-1481 No earlier than thirty-one (31) days after approval by City Council of City of Vernon of ordinance granting franchise to U.S. Tow, Inc. Three (3) years from Commencement Date, inclusive Payment is made by Franchisee to City pursuant to Section 3 of this Agreement. Payment is made to Franchisee by City pursuant to Section 5 of this Agreement. Records Retention Period Three (3) years, pursuant to section 15.3 CITY OF VERNON FRANCHISEE TOWING SERVICES AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND U.S. TOW, INC. This Agreement is made and entered into by and between the City of Vernon ("City"), a California charter City and California municipal corporation, and U.S. Tow, Inc. ('Franchisee"), a Police Towing Company with its principal place of business at 2119 East 25°1 Street, Los Angeles, CA 90058 (collectively, the "Parties") to provide for towing services to the City. The Parties agree as follows: RECITALS WHEREAS, Franchisee shall provide police towing services to the City of Vernon as set forth in the Request for Proposal issued in or about March 2015, Exhibit A, and Franchisee's proposal to the City ("Proposal') dated April 16, 2015, Exhibit B, both of which are attached to and incorporated into this Agreement, by reference. WHEREAS, pursuant to Chapter 4B of the Vernon Municipal Code, Franchisee has applied for a Police Towing Franchise (`Franchise"); and WHEREAS, the City Council has determined that Franchisee has demonstrated compliance with Chapter 46 of the Vernon Municipal Code and has agreed to comply with all provisions of that Chapter; and WHEREAS, it is required that City and Franchisee enter into this Franchise Towing Services Agreement ("Agreement") for police towing services in the City of Vernon; and WHEREAS, additional conditions have been imposed upon this grant of Franchise. NOW, THEREFORE, the Parties do hereby agree as follows: Section 1. GRANT OF FRANCHISE. Subject to approval by the City Council of the City of Vernon of an ordinance granting the franchise and to the requisite thirty-one (31) days' waiting period before such ordinance becomes effective, City grants to Franchisee a Police Towing Franchise authorizing Franchisee to engage in the business of Police Towing as set forth in chapter 4B of the Vernon Municipal Code in the City of Vernon and to use the public streets and rights of way for such purpose. This grant is pursuant to the City's Request for Proposal and to Franchisee's proposal for the Franchise. Franchisee is subject to the terms and conditions specified in Chapter 8.9 of the Charter of the City of Vernon, the provisions of Chapter 4B of the Vernon Municipal Code, the terms and conditions specified in all related resolutions, the terms and conditions of this Agreement, the representations and assurances in Franchisee's application for the Franchise. Section 2. TERM OF FRANCHISE. The term of this Franchise granted to Franchisee shall be for three (3) years, effective from thirty-one (31) days after the date upon which the City Council of the City of Vernon -2- approves the ordinance granting the Franchise (the "Effective Date") to the date that is three (3) years from the Effective Date, inclusive. Section 3. FRANCHISE FEES. 3.1 During the term of the Franchise, Franchisee shall pay a franchise fee to City in an amount equal to 5% of Franchisee's gross annual receipts arising from the use, operation or possession of the Franchise, which fees shall be assessed from the date on which the ordinance granting this Franchise became effective and in accordance with Section 413.8 of the Vernon Municipal Code and any Resolution adopted by the City Council and in such other amounts as are set forth in any subsequent resolutions that may be adopted by the City Council at any time during the term of the Agreement. 3.2 The Franchisee shall file with the City Clerk of the City, within three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the granting of this franchise, and within three (3) months after the expiration of each calendar year thereafter, a verified statement showing in detail the total gross receipts for the Franchisee derived during the preceding calendar year, or such fractional calendar year, from the provision of official police towing services within the limits of the City. The Franchisee shall pay to the City within fifteen (15) days after the time for filing said statement, in lawful money of the United States, the aforesaid percentage of its gross receipt for the calendar year, or fractional calendar year, covered by said statement. Any neglect, omission or refusal by Franchisee to file said verified statement, or to pay said percentage at the times or in the manner hereinbefore provided, shall constitute grounds for the declaration of forfeiture of this Franchise and of all rights of Franchisee hereunder pursuant to the procedures set forth in Sections 11 and 12 herein. However, Franchisee has the ability to cure. Further, the City is responsible for insuring that Franchisee has the appropriate financial institution information for electronic transfer of the franchise fee in a timely manner. Any delays caused by incorrect financial institution information shall not constitute grounds for the declaration of a forfeiture of this Franchise. 3.3 Franchisee shall timely pay all required franchise fees to: City of Vernon Attention: Finance Director 4305 Santa Fe Avenue Vernon, CA 90058 Each payment shall be accompanied by a written statement, verified by the Franchisee or a duly authorized representative of the Franchise, showing in such form and detail as the Finance Director of the City of Vernon may prescribe, the calculation of the franchise fee payable by the Franchisee and such other information as the Finance Director may require as material to a determination of the amount due. 3.4 The first payment of the franchise fee will be due on November 15, 2015, and payments shall be due monthly thereafter on the 15"' day of each month. 3.5 When Franchisee remits franchise fees to the City, such franchise fees shall be deemed timely paid only if delivered or postmarked on or before the due date. If fees are not timely paid, Franchisee shall be subject to suspension or termination of the Franchise pursuant to Section 14 of this Agreement and/or to any other penalties which may be -3- established and assessed by the City, including, but without limitation, late fees assessed at the rate of five percent (5%). Section 4. TOWING SERVICES. 4.1 Franchisee shall provide Police Towing services, as set forth in Exhibit A, which is the City's Request for Proposals for Official Police Tow Services, and which includes, but without limitation, strictly adhering to the eligibility requirements, operating regulations, fees schedules, standards for tow truck equipment, standard rules of operation, response time. inspection, information regarding new or terminated tow truck drivers, tow driver training, and as set forth in Exhibit B which is Franchisee's response to the City's Request for Proposals. Ail services by Franchisee shall comply will all provisions of federal, state and local law and regulation, including, but without limitation Chapter 4B of the Vernon Municipal Code. 4.2 Franchisee understands and agrees that, although the City is granting it a franchise as a police towing service, the City may requisition towing services from other service providers as set forth in Section 48.12 of the Vernon Municipal Code, or if Franchisee is otherwise unavailable for any reason, in the reasonable discretion of the Vernon Chief of Police and including, but without limitation, suspension or termination of the Franchisee. Section 5. RATES, CHARGES AND PAYMENT. 5.1 The rates and charges for towing and storage in connection with this Franchise shall be established by the Franchisee. 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 $140.00 and the storage charge shall be $40.00 per day, unless or until otherwise modified by the City. A sign showing the approved rates and charges shall be conspicuously posted in the Franchisee's tow office and shall be posted in a conspicuous place in the interior of each tow truck operated by Franchisee. 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. As part of the award of franchise the Franchisee will be requested to establish an after-hours release fee not to exceed / of the impound fee in addition to other established fees. Section 6. REPORTS. Franchisee shall file a monthly towing report with the Chief of Police along with payment of its monthly franchise fees. The report shall be submitted to: Vernon Police Department Attention: Police Chief 4305 Santa Fe Avenue Vernon, CA 90058 The report shall include the information required by Section 4B,10(H) of the Vernon Municipal Code for Franchisee and its subcontractors, certified as true and correct under penalty of perjury by a responsible owner or official of the Franchisee. Section 7. FRANCHISEE'S RECORDS. 7.1 The Franchisee shall maintain accurate and complete books and accounts of all revenues and income arising out of its operations under the Franchise and in a manner, which conforms to generally accepted accounting principles. Franchisee's books, accounts and records, arising out of or related to its operation under the Franchise, shall at all times be open to inspection, examination and audit by authorized officers, employees and agents of the City. Such records shall be kept at Franchisee's place of business shown in this Agreement for receipt of notices. 7.2 Franchisee shall require its subcontractors, if any, who perform Police Towing services in connection with the Franchise to keep and maintain books of account and other records showing all business transactions conducted by such subcontractors in connection with the Franchise Franchisee agrees to use its best efforts to avoid duplication of reporting between Franchisee and its subcontractors. Section 8. TOW VEHICLE AND DRIVER. REPORTING_ . COMPLIANCE_. AND IDENTIFICATION. 8.1 Franchisee shall maintain on file with the City, a complete and accurate listing of every vehicle operated by Franchisee for police towing services. Franchisee shall certify, in a form acceptable to City, that every such vehicle conforms with regional and State vehicle emission standards ("emission standards"), and shall provide documentation of compliance on written request of the City. Franchisee understands and agrees that failure to comply with emission standards may result in suspension, termination or non -renewal of a Franchise. 8.2 Every vehicle operated by Franchisee and for Police Towing services in the City shall bear the following identification: Franchisee's trade name, monogram or insignia, the Franchise vehicle number, together with Franchisee's telephone number painted on both sides of the vehicle. All lettering mentioned in this paragraph shall be not less than 2-1/4" in height and not less than 5/6" stroke. The Franchisee agrees to remove the Franchise vehicle number and all other information within 30 calendar days after the Franchise is terminated or the vehicle is sold, transferred or taken out of service. 8.3 Franchisee shall file with the Vernon Police Department, the name, address, date of birth, driver's license number, and all identification required of any tow unit driver working for Franchisee, whether as an employee or as a contractor, which information shall be filed not later than ten (10) business days following the effective date of employment or engagement. Franchisee shall also notify the Vernon Police Department within ten (10) business days of the following occurrences: the license suspension of any tow unit driver, and the end of employment, or engagement, of any tow unit driver with Franchisee. Section 9. INDEMNIFICATION OF CITY. 9.1 Franchisee shall indemnify and hold the City harmless from and against any and all loss, damages, liability, claims, suits, costs and expenses, fines, charges or penalties whatsoever, including reasonable attorney's fees, regardless of the merit or outcome of any such claim or suit, arising from or in any manner related to the services provided or business conducted under Chapter 48 of the Vernon Municipal Code or otherwise pursuant to this Agreement. -5- 9.2 Franchisee shall indemnify the City, defend with counsel approved by the City, protect and hold harmless the City, its officers, employees, agents, assigns, and any successor or successors to the City's interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damage, punitive damages, injuries, costs, response, remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines and charges, penalties and expenses (including, but not limited to, attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, the City or its officers, employees, agents or the Franchisee arising from or attributable to any repair, remediation, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, or closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous waste at any place where the Franchisee stores or dispose of solid or hazardous waste. The foregoing indemnity is intended to operate as an Agreement pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 United States Code Section 9607, and California Health and Safety Code Section 25364, and any successor provisions, to insure, protect, hold harmless, and indemnify the City from liability. Section 10. INSURANCE REQUIREMENTS. 10.1 Franchisee shall, at its sole cost and expense, procure and maintain in full force and effect, throughout the term of this Agreement, inclusive of any renewal term granted by City. insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by the Franchisee, its agents, representatives, employees or subcontractors. Franchisee shall procure and maintain insurance policies of the types and meeting the requirements set forth below, and shall provide to the City a Certificate of insurance, or other such evidence reasonably acceptable to the City, verifying the existence of such policies: 10.2 Minimum Scone of Insurance Coveraoe. Franchisee shall procure and maintain policies of insurance with minimum scopes of coverage AT LEAST as broad as the following: (a) Comprehensive General Liability Insurance. (b) Comprehensive Vehicle Liability Insurance. (c) Workers' Compensation Insurance as required by the State of California and Employer's Liability insurance. 10.3 Minimum Limits. Vendor shall maintain insurance with minimum limits NO LESS THAN the following: (a) General Liability of Two Million Dollars ($2,000,000) for each occurrence and in the aggregate, combined single limit, against any bodily injury, death. personal injury, or property damage. In Comprehensive General Liability Insurance or other form in which a general aggregate limit is used, the general limit shall apply separately to this Agreement or the general limit shall be TWICE the required occurrence limit WE (b) Automobile Liability of One Million Dollars ($1,000,000) per accident for bodily injury and property damage. (c) Garage Keepers Legal Liability coverage with minimum limits of Two Hundred Fifty Thousand Dollars ($250,000) per occurrence. (d) Employer's Liability of One Million Dollars ($1,000,000) per accident for bodily injury or disease. (e) Worker's Compensation and Employer's Liability Insurance in an amount required by law. 10.4 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, Franchisee shall either: (a) Reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected and appointed officials, officers, employees, agents, representatives, attorneys, and volunteers; OR (b) Procure a bond, guaranteeing payment of losses and related investigations, claim administration and defense expenses. Under this option, Franchisee shall file such bond within five (5) days after the adoption of the ordinance approving this Agreement. Franchisee shall maintain the bond in full force and effect throughout the term of the Franchise, at Franchisee's sole expense. The bond shall be issued by an admitted surety insurer and comply with the requirements of the Bond and Undertaking Law, codified in Code of Civil Procedure Sections 995.010 at seq. This franchise shall be considered a "license or permit" within the meaning of the Bond and Undertaking Law, solely for purposes of application of such law to the bonding requirements of this section. 10.5 Required Endorsements. All of the policies required by this Agreement shall contain, or be endorsed to contain, the following provisions: (a) City, its elected and appointed officials, officers, employees, agents, representatives, attorneys and volunteers shall be named as additional insured parties, and the policies shall specifically state that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this Agreement. (b) The insurance coverage provided by the Franchisee shall be primary to any coverage available to the City. Any insurance or self-insurance maintained by City, its officers, officials, employees or volunteers shall be in excess of Franchisee's own insurance and shall not contribute with it. (c) The insurance policies shall contain no special limitations on the scope of protection afforded to the City, its elected and appointed officials, officers, employees, agents, representatives, attorneys or volunteers. Further, the policies shall expressly waive the right of subrogation against City, its elected and appointed officials, officers, employees, agents, representatives, attorneys or volunteers. -7- (d) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its elected and appointed officials, officers, employees, agents, representatives, attorneys or volunteers. (e) The insurance coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (f) Each insurance policy required by this section shall be endorsed to state that coverage SHALL NOT be suspended, voided, and/or canceled by either party, and that there shall be no reduction in the amount of coverage or in the limits applicable thereto EXCEPT after thirty (30) days prior written notice has been given to the City, said written notice to be delivered by U.S. Certified Mail, Return Receipt Requested addressed to the City Attorney and City Finance Director. (g) In its sole discretion, the City may waive all or some portion of the above referenced insurance if such waiver is in writing and executed by City's Finance Director. 10.6 Reauired Insurance Ratina. Any insurance policy required by this Agreement shall be placed with an insurer admitted in the State of California with a current A M. Best's rating of NO LESS THAN B+:VII in the latest edition of Best's Insurance Guide. 10.7 Oriainal Certificates Reauired. At all times during the term of this Agreement, Franchisee shall maintain on file with the City's Finance Director a certificate or certificates of insurance. Said certificate or certificates of insurance shall show that the aforesaid policies are in effect in the required amounts and shall contain each of the endorsements as set forth in Section 10.3. Franchisee shall, prior to commencement of work under this Agreement, file with the City Finance Director the original certificates effecting coverage required by this section of this Agreement. The endorsements are to be signed by the person authorized by that insurer to bind coverage on its behalf. The endorsements are to be received and approved by City before Franchisee commences operation under the terms of this Agreement 10.8 Failure to Maintain Reauired Insurance. Franchisee agrees that if it fails to keep the aforesaid insurance policies in full force and effect the City may, at its sole option, either (i) immediately terminate this Agreement or, (ii) if insurance is available at a reasonable cost, the City may take out the necessary insurance and pay, at Franchisee's cost and expense, the premium thereon. Section 11. TERMINATION AND SUSPENSION. The City may terminate this Agreement, without cause, by giving the Franchisee thirty (30) days' written notice of such termination and the effective date thereof. The City may terminate this Agreement, with cause, by giving the Franchisee (10) days' written notice of such termination and the effective date thereof. Cancellation for cause shall be at the discretion of the City and shall be, but is not limited to, failure to supply the materials, equipment or service specified within the time allowed or within the terms, conditions or provisions of this Agreement. The Franchisee may not cancel this Agreement without prior written consent from the Vernon Chief of Police. Section 12. TEMPORARY SUSPENSION In addition to termination or suspension as set forth in Section 11, above, the Chief of Police may temporarily suspend any Franchisee without a hearing, whenever the continued operation by the Franchisee would constitute a danger to public health, safety, welfare or public morals, including, without limitation, where there is a failure to maintain the minimum levels and standards of liability insurance or claims reserve or failure to keep in full Force and effect any applicable licenses or permits required by federal, state, local law, or regulation. The notice of temporary suspension may be personally delivered to the party named and to the address given on the application pursuant to which such Franchise was issued and to the notice address stated herein, if different, or, mailed by registered or certified mail to the party named at the address given on the application pursuant to which such Franchise was issued and to the notice address stated herein, if different. Notwithstanding other notice provisions of this Agreement, the temporary suspension is effective upon the earlier of either receipt or the expiration of three (3) days from the date of mailing. The notice of temporary suspension shall include a notice of the date and time for termination hearing and all other information required by the Vernon Municipal Code. The temporary suspension shall remain effective until the decision on suspension or termination is made unless the suspension is lifted by written notice of the Chief of Police. Section 13. ACCEPTANCE, WAIVER. Franchisee agrees to be bound by and comply with all the requirements of Chapter 4B and this Agreement_ By entering into this Agreement, Franchisee waives, to the maximum extent permitted by law, Franchisee's right to challenge the terms of this Agreement and of Chapter 4B under federal, state or local law, or under administrative regulation, as such laws and regulations exist as of the date of signing of this Agreement. Section 14, GENERAL TERMS AND CONDITIONS. 14.1 INDEPENDENT STATUS. It is understood that in the performance under this Agreement, Franchisee shall be, and is, an independent operator, and is not an agent, contractor, or employee of City and shall furnish services in its own manner and method, except as required by this Agreement. Further, Franchisee has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Franchisee in its business operations. Franchisee shall be solely responsible for. and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. Franchisee acknowledges that Franchisee and any subcontractors, agents or employees are not entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long- term disability or Workers' Compensation insurance benefits. 14.2 FRANCHISEE NOT AGENT. Franchisee and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise. 14.3 WAIVER, The City's waiver of any term, condition, breach or default of this Agreement shall not be considered to be a waiver of any other term, condition, default or breach. nor of a subsequent breach of the one waived. KOM 14.4 NO ASSIGNMENT, The Franchisee shall not assign or transfer any interest in this Agreement without the express prior written consent and approval of City Council. Any unauthorized assignment or transfer of Franchisee's rights or obligations under this Agreement shall be null and void and shall constitute a material breach by Franchisee of this Agreement. 14.5 COMPLIANCE WITH LAWS. Franchisee shall comply with all Federal, State, County and City laws, ordinances, resolutions, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof. 14.6 ATTORNEY'S FEES. If any action at law or in equity is brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. 14.7 INTERPRETATION. 14.7.1 Ammlicable Law. This Agreement, and the rights and duties of the parties hereunder (both procedural and substantive), shall be governed and construed according to the laws of the State of California, without regard to the conflict of laws provisions therein. 14.7.2 Entire Aareement. This Agreement, including any Exhibits attached hereto and any documents explicitly referenced herein, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation and agreements (written or oral). 14.7.3 Written Amendment. This Agreement may only be changed by written amendment signed by Franchisee and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Agreement shall be of no force or effect. 14.7.4 Severabilitv. If any provision in this Agreement is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Agreement, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Agreement. 14.7.5 Choice of Forum. The parties hereby agree that this Agreement is entered into and is to be performed in the City of Vernon and that all claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within the County of Los Angeles at a place to be determined by the rules of the forum. 14.7.6 Order of Precedence. In case of conflict between the terms of this Agreement and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the order of precedence is as follows: Charter of the City of Vernon, the Vernon Municipal Code, the ordinance granting this Franchise, resolutions of the City of Vernon, this Agreement, the City's Request for Proposals for Official Police Towing Services, -10- and Franchisee's Response to the City's Request for Proposals for Official Police Towing Services. 14.7.7 Duplicate Originals. There shall be two (2) fully signed copies of this Agreement, each of which shall be deemed an original. 14.8 AUTHORITY OF FRANCHISEE. The Franchisee hereby represents and warrants to the City that the Franchisee has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement, and its execution of this Agreement has been duly authorized, 14.9 EMINENT DOMAIN. The granting of the Franchise shall not in any way impair or affect the right of the City to acquire the property of the Franchisee by purchase or condemnation, and nothing contained in this Franchise shall be construed to contract away, modify or abridge either for a term or in perpetuity the City's right of eminent domain. 14.10 VALUE OF FRANCHISE. By acceptance of the Franchise, the Franchisee, for itself, its successors and assigns, agrees that in any proceeding of any character before any court, commission, administrative body, board of arbitration or other public authority, no greater value shall be placed upon the franchise in excess of the cost to the Franchisee of the necessary publication and any other sum paid by Franchisee to the City therefor at the time of acquisition Section 15. ADDITIONAL ASSURANCES. 15.1 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Franchisee certifies and represents that, during the performance of this Agreement, Franchisee and any other parties with whom it may subcontract shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, marital status. Franchisee further certifies that it will not maintain any segregated facilities. Franchisee further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit "C". 15.2 BUSINESS LICENSES. Franchisee shall obtain, and pay any and all costs associated therewith, any Vernon Business License, which may be required by the Vernon Municipal Code and all permits, and licenses applicable to Franchisee's operations under this Franchise, which are required of Franchisee by any governmental agency. 15.3 MAINTENANCE AND INSPECTION OF RECORDS,. 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 it is receiving all money to which it is entitled under the Agreement and/or is paying only the amounts to which Franchisee is properly entitled under the Agreement or for other purposes relating to the Agreement. The Franchisee shall maintain and preserve all such records for a period of at least 3 years after termination of the Agreement. The Franchisee shall maintain all such records in the City of Vernon. If not, the Franchisee shall, upon request, promptly deliver the - 11 - records to the City of Vernon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, such additional (out of the City) expenses for personal, salaries, private auditors, travel, lodging, meals and overhead. 15.4 CONFLICT. Franchisee hereby represents, warrants and certifies that no member, officer or employee of the Franchisee is a director, officer or employee of the City of Vernon, or a member of any of its boards, commissions or committees, except to the extent permitted by law. Section 16. LIVING WAGES. Franchisee, and any subcontractor(s), shall comply with the City's Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit "D". Upon the City's request, certified payroll records shall promptly be provided to the City. Section 17. NOTICES. Except as otherwise provided in this Agreement, all notices required by this Agreement or by Chapter 4B of the Vernon Municipal Code shall be given by personal service or by deposit in the United States mail, postage pre -paid and return receipt requested, addressed to the parties as follows: To City: Copies to: Franchisee: Vernon Police Department Attention: Police Chief 4305 Santa Fe Avenue Vernon, CA 90058 City of Vernon Attention: Finance Director 4305 Santa Fe Avenue Vernon, CA 90058 U.S. Tow, Inc. Attention: Moshe Ben Dayan, PresidenUCEO 2119 East 25`h Street Los Angeles, CA 90058 Notice shall be deemed effective on the date personally served or, if mailed, three days after the date deposited in the mail. [Signatures Begin on Next Page]. -12- IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date set forth below. City of Vernon, a California charter City and California municipal corporation DATED:/0- BY: m s./4 W. Michael McCormick, Mayor ATTEST: Maria. Ayala, Cit4erk APPROVED AS TO FORM: Brian Byun, Deputy City At rorney U.S. Tow, Inc., a California corporation DATED: By: Name: K,)5 -0 - Title: C'E'" By: Name: + 0 Pt/ -X /-A 0/1 , 'Q Title: i? r -93- MON 1 EXHIBIT A REQUEST FOR PROPOSALS -14- City of Vernon Franchise h Fee hL Program g k, City of Vernon Pollee Department 4305 Santa Fe Avenue, Vernon, CA 90058 Phone: (323) 587-5171 City of Vernon Franchise Tow Fee Program Raqucst for Proposals 1, iNTROOLIC71ON ANO PROJECT The City of Vernon seeks proposals from qualified bidders to enter into a franchise agreement to perform rotational police towing and storage services- Services to be performed by the selected contractor include vehicle towing and impound services as directed by the Vernon Police Department. Based on the quality of the proposals received, the City may consider awarding a single tow franchise contract, or multiple tow franchise contracts using a call -for -service rotation- The City does not expect to aware more than Duo (2) franchise agreements under the rotational system, although City Council reserves the right to award contracts at its sole discretion, based on the proposals submitted. The City will select no more than two (2) tow service companies, based on demonstrated competence and a cost effective approach to design, conduct, and assist in the removal of vehicles which are apparently abandoned, or driven by unlicensed drivers, or drivers driving on suspended licenses, or involved in traffic collisions, or vehicles creating a traffic hazard due to mechanics; failures. To be eligible for consideration, the tow service company's place of business and vehicle storage facility must be located within a seven (7) mile radius of the Vernon City Hall, located at 4305 Santa Fe Avenue, Vernon CA 90058. 2. 13ACKGROUND The City of Vernon was founded in 1905, is approximately 5.2 square miles in size and is located approximately 5 miles southeast of downtown Los Angeles Califomia. Over its long history Vernon has been developed as an industrial community. At the turn of the 20"' century the lands that make up Vernon were comprised largely of farmlands. The presence of three major rail lines in the area led influential business and property owners to encourage the railroad companies to run spur lines onto the farmlands. These rail extensions enabled the creation of an "exclusively industrial" city. By the 1920's Vernon was attracting large stockyards and meatpacking facilities- in the 1930's Vernon became the location of choice for many heavy industrial plants. As economic conditions changed over the decades, these large scale industrial operations have relocated out of Southern California and Vernon has attracted smaller, lighter industrial facilities. The City's business friendly environment, low cost utilities and key location for trucking and rail transport continue to position Vernon as an ideal location for industrial uses. City Go=varnment: The City Council consists of five members, elected at -large, who serve five-year staggered terms. The City Council annually appoints a Mayor and a Mayor Pro Tam from its own membership to serve one-year terms. 2- City of Vernon Franchise Tow Fee Program Request for Proposals Labor Force: Vernon has approximately 250 employees, and its departments include a Fire Department, Police Department, Finance Department, Public Works, Water and Development Services Department, Gas and Electric Department and Health and Environmental Control Department. Present bargaining units recognized include the Vernon Police Officers Benefit Association, Vernon Police Management Association, Vernon Firemen's Association, the Vernon Fire Management Association, International Brotherhood of Electrical Workers Local 47, and Teamsters Local 911, 3, ISSUES OR PROBLEMS TO BE ADDRESSED The selected tow service company shall be able to provide swift, professional service in the removal of any vehicle, as directed by the Vernon Polico Department, from any City street. 4. SCONE OF SERVICES REQUIRED The City of Vernon is seeking the ser Aces of a highly qualified tow service company to assist in: Under the terms specified herein as well as in Chapter 43 of the Vamon Municipal Code, Franchisee shall furnish impound, touring, and storage senAces to the Vernon Police Department and the City as directed by the Vernon Police Department. To be eligible for a franchise, applicants must meet the City's minimum requirements as specified herein, Franchisee will be required to provide the necessary trained personnel, tow trucks and storage facilities to recover, if necessary, and remove vehicles and tractorltrailers involved in collisions. Franchisee(s) must be able to tow and store vehicles impounded by the police, many times in excess of 30 days; and must be able to clean up and dispose of debris at the scene of an accident at which any vehicle to be towed hereunder was involved. The average response lime for any thirty day period pursuant to requests for tow service by the Police Department, must not exceed twenty (24) minutes. The maximum response time for any single request for tow service by the Police Department shall not exceed thirty (30) minutes. In the event the Franchisee cannot respond within 20 minutes, the Franchisee shall immediately notify the Police Department dispatcher and provide an estimated time of arrival. 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 1800 hours Monday through Friday. Alternate hours, as directed by the City, must also be available in order to accommodate special City events. Failure or refusal to promptly relay the Police Dispatcher's requests for towing services shalt constitute failure to comply with the requirements, terms and conditions of the agreement and may result in termination of the agreement. All tow trucks shall be equipped as provided in the California Vehicle Code M City of Ver7or. Franchise Tow Fee Program Request for Proposals Franchisee's trucks shall be painted, free of major dents, and kept clean and in good lvorking order. Official police tow services shall, at all times, have at least three fully equipped and operational toga trucks in service. All of the tow tracks in service must have a minimum capacity of one (1) ton. At least one of the tow trucks in service must be a flatbed tow truck. At least one of the three tow trucks in service must have a five ton (5) lifting capacity. Every official police tow service shall be equipped for and have personnel proficient in unlocking locker) vehicles when requested to do so by Police Department employees. Upon selection the Franchisee shall rile ivith the Vernon Police Department, the name, address, date of birth, driver's license number, and all other information required of any tow unit driver employed by the permit holder subsequent to the date of the tow operator permit application, which information shall be filed not later than ten (10) business days following the effective data of hiring. The Franchisee will be required to norrfy the Vernon Police Department of the name of any tow truck driver no longer employed by such permit holder. This notification shall be given to the Vernon Police Department no later than ten (10) business days following the last date of the driver's employment by the permit holder. The Franchisee will be required to notify the Vernon Police Department of the identity of any tow truck driver whose license is suspended. The operator shall not be authorized to operate in Vernon unless the operator has provided proof from the Department of Motor Vehicles of the ability to operate a vehicle during work hours. The Franchisee will be required to enroll 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, Franchisee .vtll be required to comely with the Califomia Vehicle Code and other applicable laws with regards to lien sales, including supplying a list of vehicles each month that the Franchises intends to lien sale prior to selling same for approval by the department. Franchisee is responsible for maintaining all documents relating to lien sales. 5. QUALIFICATIONS & CRITERIA A. Quialificat°sonw The City of Vernon will select no more than two (2) tow service companies for all of the outlined Scope of Service on the basis of qualifications. experience, and cost. The following are the minimum qualifications to be used to evaluate responses to this Request for Proposal: y. The applicants can satisfy the insurance, business license, and tow operator permits requirements set forth in Vernon Municipal Code Chapter 48, t. The applicants are qualified on the basis of prior experience in the towing City of'Ve-non Franchise Tow Fee Program Request for Proposals operation business and financial responsibility. 3. All tow vehicles and equipment must comply with all state and applicable federal requirements. 4. The applicants can reasonably conduct an official police towing service which complies with all of the requirements of Vernon Municipal Code Chapter 4B. 5. The applicants will accept all tow requested by the City, including tows of abandoned or dismantled vehicles and/or tows requiring special equipment. B. Selection Criteria: The City will conduct a comprehensive, fair, and impartial evaluation of proposals received in response to this RFP. All proposals received will be reviewed and evaluated by a committee of qualified personnel. The name, information, or experience of the individual members will not be made available to any proposer. The Evaluation Committee will first review and screen all proposals submitted, except for the cost proposals, according to the minimum qualifications set forth above. The following criteria will be used in reviewing and comparing the proposals and in determining the highest scoring bid: 1. 40% Qualifications, background and prior experience of the tow service company in the Service Area(s) being proposed, experience of key staff assigned to oversee services provided to Vernon, evaluation of size and scope of similar work performed and success on that work. 2. 30% Cost and fees to the City for handling matters. Cost is not the sole determining factor but will be taken into consideration. Proposer must offer services at a rate comparable to the rate proposer offers to other governmental entities for similar work. Offering a higher rate to the City than the comparable rate ;s grounds ;or disqualification of the Proposer. If rates differ for different types or levels of service, or for different Service Areas, the Proposer should so state. 3. 10% Responsiveness to the RFP, and quality and responsiveness of the proposal. 4. 20% References including past performance of proposer. Respondents are asked to submit seven (i) hard copies and one (1) electronic copy of their proposals in sufficient detail to allo+,v for a thorough evaluation and comparative analysis. The proposal should include, at a minimum, the following information in sectionalized format addressing all phases of the work in the RFP. A. Format: Limit your proposal to 20 typed 8.5" X 11" pages, or fewer, on white bond paper of at least 20 -pound weight single sided (excluding cover letter and attachments. You may attach a company brochure if you wish, but it must be as a separate attachment and independent from the required elements noted above. 1. Use a conventional typeface with a minimum font size of 12 points. Use a V margin on all boarders. 5- City of Vernon Franchis„'Fow Fee Progrann .Request for Proposals 2. Organize your submittal in the order described above. 3. Provide one (1) unbound original of your company's response and one electronic version (via emait) to Captain Michael Gillman, mgillman@covpd.org d. Prominently label the package. "Franchise Tow Fee Program" and include the name of the primary contact for the respondent. Deliver the response to: City of Vernon Attention: Captain Michael Gillman 4305 Santa ;=e Avenue Vernon, GA 90058 5. Responses are due on or before 6:00 p.m. on April 16, 2016, late response will not be accepted. 6. If you have any question about this RPP, please contact Captain Michael Gillman at (323) 5117-5171 ext. 115. B. Cover Letter: All proposals shall include a cover letter which states that the proposal shalt remain valid for a period of not less than ninety (90) days from the date of submittal. If the proposal contemplates the use of sub -contractors, the sub- contractors shall be identified in the cover letter, if the proposal is submitted by a business entity, the cover letter shall be signed by an officer authorized to contractually bind the business entity. With respect to the business entity, the cover letter shall also include: the identification of the business entity, including the name, address and telephone number of the business entity; and the name, title, address and telephone number of a contact persons during the proposal evaluation period. C. introduction: Present an introduction of the proposal and your understanding of the assignment and significant steps, methods and procedures to be employed by the proposer to ensure quality deliverables that can be delivered within the required time frames and your identified budget. D. General Scope of Work: Briefly summarize the scope of work as the proposer perceives or envisions it for each Service Area proposed. E. Work Plan: Present concepts for conducting the work plan and interrelationship of all projects. Define the scope of each task including the depth and scope of analysis or research proposed. F. Foes and costs: Although an important aspect of consideration, the financial cost estimate will not be the sole justification for consideration. Negotiations may or may not be conducted with the proposer, therefore, the proposal submitted should contain the proposers most favorable terms and conditions, since selection and award may be made without discussion with any tow service company. All prices M. City of Vemon Franchise Tow Fee Program Request for Proposals should reflect 'not to exceed" amounts per item. Proposer must offer services at a rate comparable to the rate proposer offers to other governmental entities for similar work. Offering a higher rate to the City than the comparable rate is grounds for disqualification of the Proposer. G. Abilittg of the Proposer to Perform. Provide a detailed description of the proposer and his/herfits qualifications, including names, titles, detailed professional resumes and past experience in similar work efforts/products of key personnel who will be working on the assignment. Provide a list of specific related work projects that have been completed by the proposer which are directly related to the assignment described in this RFP. Note the specific individuals , rho completed such project(s). Identify role and responsibility of each member of the project team. include the amount of time key personnel will be involved in the respective portions of the assignment. Respondents are encouraged to supply rs;evant examples of their professional product. Provide a list of references. The selected tow service companies shall not subcontract any work under the RFP nor assign any work without the prior written consent of the City. H. .Affidavit of Non-Colfusion. Proposer must submit a completed and signed, "Affidavit of Non -Collusion." (Copy attached as Exhibit A). 9. ADDENDA, CHANGES. AND AMENDMENTS TO THIS SOLICITATION At any time prior to the due date for responses, the City may make changes, amendments, and addenda to this solicitation, including changing the date due to allow respondents time to address such changes. Addenda, changes, and amendments, if made, will be posted on the City's website (www.cityofvemon.org), which is deemed adequate notice. A proposer may make a request to the City's project coordinator to be placed on a list of persons to receive notice of any such addenda, changes, or amendments. The preferred manner of communications is via e-mail due to its timeliness. 8. CONDITIONS FOR RESPONSES TO RFP The following conditions apply to this RFP process: A. Nothing contained in this RFP shall create any contractual relationship between the respondent and the City. B. This RFP does not obligate the City to establish a list of service providers qualified as prime contractors, or award a contract to any respondent. The City reserves the right to amend or cancel this RFP without prior notice, at any time, at its sole discretion. C. The City shall not be liable for any expenses incurred by any individual or organization in connection with this RFP. D. No conversations or agreements with any officer, agent, or City of Vernon Franchise Tow Fee Program Request for Proposals employee of the City shall affect or modify any terms of this RFP. Oral communications or any writtenle-mail materials provided by any person other than designated contact staff of City shall not be considered binding. E_ The City reserves the right, in its sole discretion, to accept or reject any or all Proposals without prior notice and to waive any minor irregularities or defects in a Proposal- The City reserves the right to seek clarification on a Proposal mth any source. F. The dates, times, and sequence of events related to this RFP shall ultimately be determined by the City. The schedule shown above is subject to change, at the sole discretion of the City, although the City will attempt to follow it and, if it must be altered, will attempt to provide reasonable notice of the changes. 0. Respondents shall not issue any news release pertaining to this RFP, or the City without prior written approval of the City. H. All submitted proposals and information included therein or attached thereto shall become public record upon delivery to the City Administrator's Office. 9. RIGHT BY THE CITY TO WITHDRAW THIS REQUEST, The City may, at its sole discretion and for any reason whatsoever, withdraw this solicitation at any time - 10, LIVING WAGE ORDINANCE The selected to+u service companies shall pay qualifying employees a wage of not less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. The tofu service companies shall also provide qualifying employees at least twelve days off per year for sick leave, vacation or personnel necessity, and an additional ten days a year of uncompensated time for sick leave. There shat be a prohibition on employer retaliation against an employee's complaining to the City with regard to the employer's compliance with the living wage ordinance. The tow services companies, and any sub- contractor(s), shall comply with the City's Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit "D" of the standard form franchise towing services contract, attached hereto as Exhibit S. Upon the City's request, certified payroll records shall promptly be provided to the City. M %ity of Vernon Fcsachi3e Tow Fee Prograrn Request Fo:- Proposals 11. STANDARD TERMS AND CONDITIONS Prior to the award of any work hereunder, City and proposer shall enter into the written contract for services attached hereto as Exhibit B. Proposers responding to this RFP are strongly advised to review all the terms and conditions of the Contract The term of the Contract shall not exceed three (3) years. City of Vemon Franchise Tow Fee Program Request for Proposals FXHISiT A AFFIOAVIT OF NON -COLLUSION 10- AFFIDAVIT OF NON-CDLLUSION BY CWITRACTTOIB STATE OF CALIFORNIA � ss COUNTY OF LOS ANGELES $ being first duly sworn deposes and says that he/she is (Inecn "Sola Owner", "Panner", "President, "Secretary", or other proper title) of (lnsatmxieotbidder) who submits herewith tote City of Vemon a bid/proposal; That ail statements of fact in such bidlproposat are true; That such bid/proposal was nct made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; That such bid/proposal is genuine and not collusive or sham; That said bidder has not, directly or indirectly by agreement, communication or conference with anyone attempted to induce action prejudicial to the interest of the City of Vernon, or of any other bidder or anyone else interested in the proposed contract; and further That prior to the public opening and reading of bids/proposals, said bidder. a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham bid/proposal; b. Did not directly or indirectly, coilude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid/proposal, or that anyone should refrain from bidding or withdraw his/her bid/proposal; C. Did not, in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid/proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his/her bid/proposal price, or of that of anyone else; d. Did not, directly or indirectly, submit his/her bid/proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of individuals, except the City of Vemon, or to any person or persons who have a partnership or other financial interest with said bidder in his/her business. I certify under penalty of perjury that the above information is correct 0 Date: Tide: March 2013 City of Vernon Franchise Tovi Fez Program Request for Proposals EXHIBIT 8 STANDARD FORM CONTRACT -11- CITY OF VERNON FRANCHISEE TOWING SERVICES AGREEMENT NO. Franchisee: Responsible Principal of Franchisee: Notice Information - Franchisee: Notice information - City: Commencement Date: Termination Date: Consideration: Records Retention Period COVER PAGE [insert name of franchisee] [insert name, title] [insert name of franchisee] [insert street address] [insert city, state, zip code] Attention: [insert name, title] Phone: [insert phone number] Facsimile: [insert fax number] City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: [insert department head[ [insert department head title] Telephone: (323) 583-8811 ext. [insert] Facsimile: [insert fax number] [insert commencement date] [insert termination date] Payment is made by Franchisee to City pursuant to Section 3 of this Agreement. Payment is made to Franchisee by City pursuant to Section 5 of this Agreement. [insert number of years contractor must retain records] March 2015 CITY OF VERNON FRANCHISEE TOWING SERVICES AGREEMENT NO. This Agreement is made and entered into by and between the City of Vernon ('City'), a California charter City and California municipa! corporation, and {°Franchisee"), a Police Towing Company with its principal place of business at (collectively, the 'Parties") to provide for towing services to the City. The Parties agree as follows: RECITALS WHEREAS, Franchisee shall provide police towing services to the City of Vernon as set forth in the Request for Proposal dated . Exhibit A, and Franchisee's or000sal to the City ("Proposal') dated Exhibit 8, both of which are attached to and inccroorated Into this Acreement, by reference. WHEREAS, pursuant to Chapter 48 of the Vernon Municipal Code, Franchisee has applied for a Police Towing Franchise ("Franchise"); and WHEREAS, the City Council has held a public hearing for the purpose of hearing persons in favor of or in opposition to the granting of such Franchise; and WHEREAS, the City Council has determined that Franchisee has demonstrated compliance with Chapter 4B or the Vernon Municipal Code and has agreed to comply with all provisions of that Chapter; and WHEREAS, it is required that City and Franchisee enter into a Franchise Towing Services Agreement ("Agreement") for Police Towing services in the City of Vernon; and WHEREAS, additional conditions have been imposed upon this grant of Franchise. NOW, THEREFORE, the Parties do hereby agree as follows: Section 1. GRANT OF FRANCHISE. City grants to Franchisee a Police Towing Franchise authorb dng Franchisee to engage in the business of Police Towing as set forth in chapter 4th of the Vernon Municipal Code in the City of Vernon and to use the public streets and tights of way for such purpose. This grant is pursuant to the City's Request for Proposal and to Franchisee's proposal for the Franchise. Franchisee is subject to the terms and conditions specified in Section 8.9 of the Charter of the City of %lemon, the provisions of Chapter 48 of the Vernon Municipal Code, the terms and conditions specified in all related resolutions, the terms and conditions of this Agreement, the representations and assurances in Franchisee's application for the Franchise, Section 2. TERM Or FRANCHISE. The term of this Franchise granted to Franchisee shall be for three (3) years, from to Inclusive, March 2015 Section 3. FRANCHISE FEES. 3.1 During the term of the Franchise, Franchisee shall pay franchise fees to City, which fees shalt be assessed from the date on which the ordinance granting this Franchise became effective and in accordance with Section 48.8 of the Vernon Municipal Code and any Resolution adopted by the City Council and in such other amounts as are set forth in any subsequent resolutions that may be adopted by the City Council at any time during the term of the Agreement. 3.2 Franchise shall timely pay all required franchise fees to: Finance Department — Director of Finance City of Vernon 4305 Santa Fe Avenue Vernon, CA 80058 Each payment shall be accompanied by a written statement, verified by the Franchisee or a duly authorized representative of the Franchise, showing in such form and detail as the Director of the Department of Finance may prescribe, the calculation of the franchise fee payable by the Franchisee and such other information as the Director of the Department of Finance may require as material to a determination of the amount due. 3.3 The first payment of the franchise fee will be due on and payments shall be due monthly thereafter on the 150 day of each month. 3.4 When Franchisee remits franchise fees the City, such franchise fees shall be deemed Umoly paid only if delivered or postmarked on or before the due date. If fees are not timely paid, Franchisee shall be subject to suspension or termination of the Franchise pursuant to Section 14 of this Agreement and/or to any other penalties which may be established and assessed by the City, including, but without limitation, late fees assessed at the rate of five percent (5%). Section 4. TOWING SERVICES. 4.1 Franchisee shall provide Police Towing services, as set forth in Exhibit A, which is the City's Request for Proposals for Official Police Tow Services, and which includes, but vvithout limitation, strictly adhering to the eligibility requirements, operating regulations, fees schedules, standards for tow truck equipment, standard rules of operation, response time, inspection, information regarding new or terminated tow truclt drivers, tow driver training, and as set forth in Exhibit 8 which is Franchisee's response to the City's Request for Proposals. All services by Franchisee shall comply will .all provisions of Federal, state and local law and regulation, including, but without limitation Chapter 48 of the Vernon Municipal Code. 4.2 Franchisee understands and agrees that, although the City is granting it a franchise as a police towing service, the City may requisition towing services from other service providers as set forth in Section 48.12 of the Vernon Municipal Code, or if Franchisee is otherwise unavailable for any reason, in the reasonable discretion of the Vernon Chief of Police and including, but without limitation, suspension or termination of the Franchisee, March 2015 Section 5, RATES. CHARGES AND PAYMENT, 5.1 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 $ and the storage charge shall be 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 shall be posted in a conspicuous place in the interior of each tow truck operated by Franchisee. Franchisee shalt 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. As part of the award of franchise the City Council will be requested to establish an after-hours release fee not to exceed Ya of the impound fee in addition to other established fees. Section 6. REPORTS. Franchisee shall file a monthly towing report with the Chief of Police along with payment of its monthly franchise fees. The report shall be submitted to: Chief of Police Vernon Police Department 4305 Santa Fe Avenue Vernon, CA 90058 The report shall include the information required by Section 48.10(H) of the Vemon Municipal Code for Franchisee and its subcontractors, certified as true and correct under penalty of perjury by a responsible owner or official of the Franchisee: Section 7. FRANCHISEE'S RECORDS. 7.1 The Franchisee shall maintain accurate and complete books and accounts of all revenues and income arising out of its operations under the Franchise and in a manner, which conforms with generally accepted accounting principles. Franchisee's books, accounts and records, arising out of or related to its operation under the Franchise, shalt at all times be open to inspection, examination and audit by authorized officers, employees and agents of the City, Such records shalt be kept at franchisee's place of business shown in this Agreement for receipt of notices. 7.2 Franchisee shall require its subcontractors, if any, who perform Police Towing services in connection with the Franchise to keep and maintain books of account and other records showing all business transactions conducted by such subcontractors in connection with the Franchise. Franchisee agrees to use its best efforts to avoid duplication of reporting between Franchisee and its subcontractors. Section 8. TOW VEHICLE AND DRIVER, REPORTING. COMPLIANCE. AND IDENTIFICATION. 8.1 Franchisee shall maintain on file with the City, a complete and accurate listing of every vehicle operated by Franchisee for police towing services. Franchisee shall certify, in a form acceptable to City, that every such vehicle conforms with regional and State March 2015 vehicle emission standards ("emission standards"), and shall provide documentation of compliance on written request of the City. Franchisee understands and agrees that failure to conform with emission standards may result in suspension, termination or non -renewal of a Franchise. 8.2 Every vehicle operated by Franchisee and for Police Towing services in the City shall bear the following identification: Franchisee's trade name, monogram or insignia, the Franchise vehicle number, together with Franchisee's telephone number painted upon both sides of the vehicle. All lettering mentioned In this paragraph shall be not less than 2-1/4" in height and not less than 5/6" stroke. The Franchisee agrees to remove the Franchise vehicle number and all other information within 30 calendar days after the Franchise is terminated or the vehicle is sold, transferred or taken out of service, 8.3 Franchisee shall file with the Vernon Police Department, the name, address, date of birth, driver's license number, and all identification required of any tow unit driver working for Franchisee, whether as an employee or as a contractor, which information shall be filed not later than ten (10) business days following the effective date of employment or engagement. Franchisee shall also notify the Vernon Police Department within ten (10) business days of the following occurrences: the license suspension of any tow unit driver, and the end of employment, or engagement, of any tow unit driver vvith Franchisee. Section 9. INDEMNIFICATION OF CITY. 9.1 Franchisee shall indemnify and hold the City harmless from and against any and all loss, damages, liability, claims, suits, costs and expenses, fines, charges or penalties whatsoever, including reasonable attorney's fees, regardless of the merit or outcome of any such claim or suit, arising from or in any manner related to the services provided or business conducted under Chapter 4B of the Vernon Municipal Code or otherwise pursuant to this Agreement. J.2 Franchisee shall indemnify the City, defend with counsel approved by the City, protect and hold harmless the City, its officers, employees, agents, assigns, and any successor or successors to the City's interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damage, punitive damages, injuries, costs, response, remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines and charges, penalties and expenses (including, but not limited to, attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, the City or its officers, employees, agents or the f=ranchisee arising from or attributable to any repair, remediation, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, or closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous waste at any place where the Franchisee stores or dispose of solid or hazardous waste. The foregoing indemnity is intended to operate as an Agreement pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 United States Code Section 9607, and California Health and Safety Code Section 25364, and any successor provisions, to insure, protect, hold harmless, and indemnify the City from liability. March 2015 Section 10. INSURANCE REQUIREMENTS. 10.1 Franchisee shall, at its sole cost and expense, procure and maintain in full force and effect, throughout the term of this Agreement, inclusive of any renewal term granted by City, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by the Franchisee, its agents, representatives, employees or subcontractors. Franchisee shall procure and maintain insurance policies of the types and meeting the requirements set forth below, and shall provide to the City a Certificate of Insurance, or other such evidence reasonably acceptable to the City. verifying the existence of such policies; 10.2 Minimum Scone of Insurance Cover -doe. Franchisee shall procure and maintain policies of insurance with minimum scopes of coverage AT LEAST as broad as the following; (a) Comprehensive General Liability Insurance. (b) Comprehensive Vehicle Liability Insurance, (c) Workers' Compensation Insurance as required by the State of California and Employers Liability Insurance, 10.3 Minimum Limits. Vendor shall maintain insurance with minimum limits NO LESS THAN the following: (a) General Liability of Two Million Dollars ($2,000,000) for each occurrence and in the aggregate, combined single limit, against any bodily injury, death, personal injury, or property damage. In Comprehensive General Liability Insurance or other form in which a general aggregate limit is used, the general limit shall apply separately to this Agreement or the general limit shall be'fWICE the required occurrence limit. (b) Automobile Liability of One Million Dollars ($1,000,000) per accident for bodily injury and property damage. (c) Garage Keepers Legal Liability coverage with minimum limits of Two Hundred Fifty Thousand Dollars ($250,040) per occurrence. (d) Employer's Liability of One Million Dollars ($1,000,000) per accident for bodily injury or disease. (e) Wor'ker's Compensation and Employer's Liability Insurance in an amount required by law. 10.4 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, Franchisee shall either: (a) Reduce or eliminate such deductibles or self-insured retentions as respect to the City, its elected and appointed officlals. officers, employees, agents, representatives, attorneys, and volunteers; OR (b) Procure a bond, guaranteeing payment of losses and related investigations, claim administration and defense expenses, March 2015 10.5 Required Endorsements. All of the policies required by this Agreement shall contain, or be endorsed to contain, the following provisions: (a) City, its elected and appointed officials, officers, employees, agents, representatives, attorneys and volunteers shall be named as additional insured parties, and the policies shall specifioaily state that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this Agreement. (b) The insurance coverage provided by the Franchisee shall be primary to any coverage available to the City. Any insurance or self-insurance maintained by City, its officers, officials, employees or volunteers shall be in excess of Franchisee's own insurance and shall not contribute with it. (c) The insurance policies shall contain no special limitations on the scope of protection afforded to the City, its elected and appointed officials, officers, employees, agents, representatives, attorneys or volunteers. Further, the policies shall expressly waive the right of subrogation against City, its elected and appointed officials, officers, employees, agents, representatives, attorneys or volunteers. (d) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its elected and appointed officials, officers, employees, agents, representatives, attorneys or volunteers. (e) The insurance coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (f) Each insurance policy requirad by this section shall be anclorsed to state that coverage SHALL NOT be suspendcd, voided, anchor oaneeled by sither party, and that there shall be no reduction in the amount of coverage or in the limits applicable tt=sreto EXCEPT after thirty(30) days prio-N,isttsn notice ;has been given to the City, said written notice: to be delivered by U.S. Csilified iblail, Raurn Receipt Requested addressad to tate City Attorney and City Finance 04—ector. (g) in its sole discretion, the City may waive all or some portion of the above referenced insurance if such waiver is in writing and executed by City's Finance Director, 10-6 Required Insurance Ratinca- Any insurance policy required by this Agreement shall be placed with an insurer admitted in the State of California with a current A.M. Best's rating of NO LESS THAN B+:Vit in the latest edition of Best's Insurance Guide. 10.7 Oriainai Certificates Required. At all times during the term of this Agreement, Franchisee shall maintain on file with the City's Finance Director a certificate or certificates of insurance. Said certificate or certificates of insurance shall show that the aforesaid policies are in effect in the required amounts and shall contain each of the endorsements as set forth in Section 10.3. Franchisee shall, prior to commencement of work under this Agreement, file with the City Finance Director the original certificates effecting coverage required by this section of this Agreement. The endorsements are to be signed by the person authorized by that insurer to March 2015 bind coverage on its behalf, The endorsements are to be received and approved by City before Franchisee commences operation under the terms of this Agreement 10.9 Failure to Maintain Re[ruired Insurance. Franchisee agrees that if it fails to keep the aforesaid insurance policies in full force and effect the City may, at its sole option, either (i) immediately terminate this Agreement or, (ii) if insurance is available at a reasonable cost, the City may take out the necessary insurance and pay, at Franchisee's cost and expense, the premium thereon. Section 11. TERMINATION AND SUSPENSION, The City may terminate this Agreement, without cause, by giving the Franchisee thirty (30) days written notice of such termination and the effective date thereof. The City may terminate this Agreement, with cause, by giving the Franchisee (10) days written notice of such termination and the effective date thereof. Cancellation for cause shall be at the discretion of the City and shall be, but is not limited to, failure to supply the materials, equipment or service specified within the time allowed or within the terms, conditions or provisions of this contract. The Franchisee may not cancel this Agreement without prior written consent from the Vernon Chief of Police. Section 12. TEMPORARY SUSPENSION, In addition to termination or suspension as set forth in Section 11, above, the Chief of Police may temporarily suspend any Franchisee without a hearing, whenever the continued operation by the Franchisee would constitute a danger to public health, safety, welfare or public morals, including, without limitation, where there is a failure to maintain the minimum levels and standards of liability insurance or claims reserve or failure to keep in full force and effect any applicable licenses or permits required by federal, state, local law, or regulation. The notice of temporary suspension may be personally delivered to the party named and to the address given on the application pursuant to which such Franchise was issued and to the notice address stated herein, if different, or, mailed by registered or certified mail to the party named at the address given on the application pursuant to which such Franchise was issued and to the notice address stated herein, if different. Notwithstanding other notice provisions of this Agreement, the temporary suspension is effective upon the earlier of either receipt or the expiration of 3 days from the date of mailing. The notice of temporary suspension shalt include a notice of the date and time for termination hearing and all other information required by the Vernon MunicipaC Code. The temporary suspension shall remain effective until the decision on suspension or termination is made unless the suspension is lifted by written notice of the Chief of Police. Section 13., ACCEPTANCE. WAIVER. Franchisee agrees to be bound by and comply with all the requirements of Chapter 46 and this Agreement. By antsring into this Agreement, Franchisee waives, to the maximum extant permitted by law, Franchisee's right to challenge the terms of this ,Agreement and of Chapter 4S under federal, state or local law, or under administrative regulation, as such laws and regulations exist as of the date of signing of this Agreement. Section 14. GENERAL TERMS AND CONDITIONS.. 14.1 INDEPENDENT STATUS. It is understood that in the performance under this Agreement, Franchisee shall be, and is, an independent operator, and is not an agent, wlarch 2015 contractor, or employee of City and shall furnish services in its own manner and method. Further. Franchisee has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Franchisee in its business operations. Franchisee shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 14.2 FRANCHISE NOT AGENT. Franchisee and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise. 14.3 WAIVER. The City's waiver of any term, condition, breach or default of this Agreement shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived, 14.4 NO ASSIGNMENT, The Franchisee shall not assign or transfer any interest in this Agreement without the express prior written c*nsent and approval of City Council. 14.5 COMPLIANCE WITH LAWS. Franchisee shall comply with all Federal, State, County and City laws, ordinances, resolutions, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof. 14.6 ATTORNEYS FEES. If any action at law or in equity is brought to enforce or interpret the tams of this Agreement, the prevailing party shall be entitled to reasonable attornay's fees, costs and necessary disbursements in addition to any other relief to which such tarty may be entitled. 14.7 INTERPRETATION. 14.7.1 ADDkabie Law. This Agreement, and the rights and duties of the parties hereunder (both procedural and substantive), shall be governed and construed according to the lavas of the State of Callfomia. 14.7.2 Entire Aareement. This Agreement, including any Exhibits attached hereto and any documents explicitly referenced herein, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation and agreements (written or oral). 14.7.3 Written Amendment. This Agreement may only be changed by written amendment signed by Franchisee and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Agreement shall be of no force or effect. 14.7.4 Severahility. If any provision in this Agreement is hold by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Agreement, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Agreement. March 2011 14.7.5 Choice of Forum. The parties hereby agree that this Agreement is to be enforced in accordance with the laws of the State of California, is entered into and is to be performed in the City of Vernon and that all claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within the County of Los Angeles at a place to be determined by the rules of the forum. 14.7.6 Order of Precedence. In case of conflict between the terms of this Agreement and the terms contained in any document attached as an Exhibit or otherwise Incorporated by reference, the order of precedence is as follows: Charter the City of Vernon, the Vernon Municipal Code, the ordinance granting this Franchise, resolutions of the City of Vernon this Agreement, the City's Raq uest for Proposals for Official Police Towing Services, and Franchisee's Response to the City's Request for Proposals for Official Police Towing Services. 14.7.7 Duplicate Oricinals. There shall be Wo (2) fully signed copies of this Agreement, each of which shall be deemed an original. 14.8 AUTHORITY OF FRANCHISEE. The Franchisee hereby represents and warrants to the City that the Franchisee has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement, and its execution of this Agreement has been duly authorized. Section 16. ADDITIONAL ASSURANCES. 15.1 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES_ Franchisee certifies and represents that, during the performance of this Agreement, Franchisee and any other parties with whom it may subcontract shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religion, color, national origin. ancestry, disability, sex, age, medical condition, marital status. Franchisee further certifies that it will not maintain any segregated facilities. Franchisee further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit "C" 15.2 BUSINESS LICENSES. Franchisee shall obtain, and pay any and all costs associated therewith, any Vernon Business License, which may be required by the Vernon Municipal Code and all permits, and licenses applicable to Franchisee's operations under this Franchise, which are required of Franchisee by any governmental agency. 15.3 MAINTENANCE AND INSPECTION OF RECORDS, 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 it is receiving all money to which it is entitled under the Agreement and/or is paying only the amounts to which Franchisee is properly entitled under the Agreement or for other purposes relating to the Agreement. The Franchises shall maintain and preserve all such records for a period of at least 3 years after termination of the ,Agreement. 'The Franchisee shall maintain all such records in the City of Vernon. If not, the Franchises shall, upon request, promptly deliver the records to the City of Vernon or reimburse March 2015 the City for all reasonable and extra costs incurred in conducting the audit at a location other than the Mj of Vernon, including, but not limited to, such additional (out of the City) expenses for personal, salaries, private auditors, travel, lodging, meals and overhead. 15.4 CONFLICT. Franchisee hereby represents warrants and certifies that no member, officer or employee of the Franchisee is a director, officer or employee of the City of Vernon, or a member of any of its boards, commissions or committees, except to the extent permitted by law. Section 1S. LIVING IMAGES. Franchisee, and any subcontractor(s), shall comply with the City's Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit "D". Upon the City's request, certified payroll records shalt promptly be provided to the City. Section 17. NOTICES. Except as otherwise provided in this Agreement, all notices required by this Agreement or by Chapter 48 of the Vernon Municipal Code shall be given by personal service or by deposit in the United States mail, postage pre -paid and return receipt requested, addressed to the parties as follows: To City: Chief of Police Vernon Police Department 4305 Santa Fe Avenue Vernon, CA 90058 Copies to: Director of Finance City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Franchisee: Notice shall be deemed effective on the date personally served or, if mailed, three days the date deposited in the mail. [Signatures Begin on Next Fags]_ March 2015 lel WITU ESS WHEREOF, the Parties hereto have caused this Agreement to be executed by ;heir duly authorized raprssantativas as of the date sa3 forth beiow. City of Vernon, a California charter City and California municipal corporation DATED: By: Mayor / Mayor Pro -Tern ATTEST: Maria E. Ayala, City Clerk APPROVED AS TO FORM: Hama Patel, City Attorney [FRANCHISEE'S NAME, a [State incorporated in] corpora°3csn DATED: 6y: Mame: Title: By: Name: Title - March 2015 EXHIBIT A REQUEST FOR PROPOSALS March 2015 EXHIBIT E F.RANCHISEE'S PROPOSAL March 2013 EXHIBIT C THE EQUAL EMPLOYMENT OPPOR T UNITY PRACTICES PROVISIONS A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities. S. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age. C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class. D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. March 2015 EXHIBIT LIVING WAGE PROVISIONS Minimum Uying Wailes A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. Paid and Unpaid Dave Off: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employers compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the service contract of violating employers. March 2015 EXHIBIT B FRANCHISEE'S PROPOSAL. -15- g, TOW, "'C OfI:(Y4. CNMi� Uror ' 11 FRANCHISE TOW TEF PROGRAM PROPOSAL Made To The City of Vernon Police department 4305 Santa Fe Avenue Vernon, CA 90058 Made By U.S. Tow, Inc. 2119 East 25h Street Los Angeles, CA 90058 ,FIC L I ill 4 April 16,2015 City of Vernon Police Department Attention: Captain Michael Gillman 4305 Santa Fe Avenue Vernon, CA 90058 RF,: FRANCHISE TOW FEE PROGRAM Dear Captain Gillman: U.S. Tow, Inc. is pleased to submit this proposal to provide a Franchise Tow Fee Program for the City of Vernon Police Department. Competitive Position U.S. Tow, Inc. originated in 1983. The firm has served the Los Angeles Police Department as the Official Police Garage for the Newton Division since 2004. It additionally serves other governmental entities including the City of Los Angeles Department of Transportation, the California Highway Patrol, the Los Angeles County Sheriff's Department, the City of Los Angeles Housing Authority, the University of Southern California Department of Public Safety and the City of Los Angeles School Police Department. Experience/Management U.S. Tow, Inc. was acquired by Moshe Ben Dayan in 2013- Mr. Ben Dayan assumed the ownership of U.S. Tow with a wealth of previous towing experience. He founded and has operated Classic Tow, Inc. dba Tip Top Tow Service at the same location in Santa Monica for more than 25 years. Tip Top Tow Service is an Official Police Contractor for the Cities of Santa Monica and Beverly Hills. It additionally has long-standing contracts with a number of other governmental entities. City of Vernon Police Department April 16, 2015 Page Two of Three Employees The major management staff of U.S. Tow has an average of 15 years of experience in the towing industry. This staff has operated the Newton Division OPG and the other elements of the firm's business with professionalism and integrity and it stands ready to provide excellent service to the City of Vernon Police Department. Additionally, the hiring and training procedures utilized by U.S. Tow are stringent, and we consider it our utmost responsibility to continue to enforce these procedures in the future Site U.S. Tow has the distinct advantage of having an existing site located at 21 t9 East 25 s Street, Los Angeles, which meets all current zoning regulations. This site is located directly across 25`x' Street from the northern boundary of the City of Vernon, thereby providing us with immediate access to Vernon. U.S. Tow has a facility which provides a modern, clean, safe, professional environment. The U.S. Tow site consists of approximately 4.0 acres of screened, secured, lighted, signed and cemented area for the impounding and storage of vehicles and approximately 12,600 square feet of enclosed building area for evidence hold, ancillary storage, administration and lien sale auction of vehicles. Tow Vehicles In an effort to serve all of our clients in a timely and effective manner, we are continuously mindful with respect to maintaining a strong, contemporary fleet of tow vehicles. U.S. Tow has a fleet of eight units including five flatbeds and three wheel- lift/standard duty tricks. We additionally have three heavy duty trucks and one heavy duty trailer. This fleet, which we continuously service and upgrade, will allow us to maintain call times well under the 20 -minute requirement of the City of Vernon Police Department. Customer Service The employees of U.S. low are trained to develop awareness of customer problems, to establish empathy for customers, to understand and adapt to the diverse ethnicities and cultures of customers and to treat customers with respect and their vehicles and personal belongings with professionalism. Each one of us at U.S. Tow understands that difficult situations arise and our "team" philosophy of operation allows us to proactively handle these situations before they become problematic. _n_ City of Vernon Police Department April t6, 2015 Page Three of Three Management Moshe Ben Dayan, the President/CEO of U.S. Tow, has been actively involved in the tow industry since 1989 at which time he established Classic Tow, Inc. dba Tip Top Tow Service which he has operated continuously in Santa Monica since that time. It is significant that Mr. Ben Dayan made the operation of Tip Top Tow Service his one and only business commitment until his purchase of U.S. Tow in 2013. Authorized Contact The person authorized to represent U.S. Tow in negotiations with the City of Vernon Police Department is Moshe Ben Dayan, President/CEO, U.S. Tow, Inc. Mr. Ben Dayan additionally is authorized to execute the agreement with the City of Vernon on behalf of U.S. Tow and is the contact point for any questions or concerns relative to this Proposal. This Proposal will remain valid for a period of not less than ninety (90) days from the submittal date of April 16, 2015. Legal Business Status U.S. Tow, Inc. is an "S" corporation, Federal Tax ID990-1014831. The corporation was founded in 1983. Moshe Ben Dayan is President/CEO of the corporation and Stephanie McColgan is Vice President and Secretary/Treasurer of the corporation. The address of U.S. Tow, Inc. is 2119 East 25`h Street, Los Angeles, CA 90058; the telephone number is (323) 870-7100; the FAX number is (213) 749-0272; and the e-mail address is mosheRmustow.com. U.S. 'lbw currently meets all Federal, State and City requirements and there are no changes necessary or requirements unmet for us to operate the Franchise Tow Fee Program for the City of Vernon Police Department. Our site is operative, our office functional, our required insurances in place and our economic viability and professional commitment unwavering. We would very much like to be selected to work with you. Thank you for ypur consideration of U.S. Tow for this contract. Very truly your 1 Ieshe e a Stephanie McColgan President/CEO Vice President and Secretary/Treasurer ITNTRODUCTION U.S. Tow, Inc. has served as the Official Police Garage for the Newton Division of the Los Angeles Police Department for the past 10 years. In this capacity, we have been responsible for towing and storage services for the LAPD, the Department of Transportation, the Los Angeles Unified School District and other City of Los Angeles Departments. During those years, we have developed strong and impeccable guidelines for the conduct of our business. We also have developed strong ties to the community which surrounds our facility and of which we consider ourselves a part. If selected to become the Franchise Tow Fee Program Contractor for the City of Vernon Police Department, we would view ourselves as having a specific contractual obligation to Vernon and it is twofold: (1) every single day of the year and every single hour of each of those days we must provide an organized, timely response to the officers of the Vernon Police Department to pick up and tow vehicles and there can be no lapse in this performance; and (2) at the time that a vehicle is released to its owner, we must provide careful, courteous, empathetic service throughout the release. We must additionally create accurate and complete paperwork as part of this entire process. For those vehicles that are not released and must instead flow through the lien process, a completely different set of rules governs. This process also requires stringent controls and strict compliance with the law. We will be dedicated to providing service to the City of Vernon while, at the same time, maintaining strong standards of quality and safety for our customers —just as we cruYently do for the LAPD. U. S. Tow has through the years of its operation developed strong training processes for every one of our staff persons. We consider these to be the core of our association with the LAPD, DOT, other City agencies as well as our private clients. We continuously leave no detail of our employee training to chance, making every effort to provide our staff with training that is comprehensive and meaningful. As a result, we are able to keep customer complaints to a minimum. U.S. Tow has always supported involvement in the community in which we work. However, since his acquisition of the business in 2013, Moshe Ben Dayan has made a particular effort to increase the community involvement of the firm. Mr. Ben Dayan understands that investment in the community in which he works represents an investment in U.S. Tow itself. As you evaluate us, we want you to rmderstand that we at U.S. Tow will work very hard every day to provide the very best service to the City of Vernon, the members of Vernon's Police Force and the customers of our firm. Moshe Ben Dayan has had a sterling record of performance at his Classic Tow, Inc. dba Tip Top Tow Service for 25 years as his references and contracts will attest. We bring to this submission our 1 extensive past OPG e^;perience, Mr. Ben Dayar,'s expertise and the professionat qualifications and dedication of our staff. We do not require a site; we have one,.We do not require a functioning ounce with all of the latest computer and security equipment; we have it. We do not require tow equipment; we have the best_ Vic understand that the Request For Proposal for the letting of the Franchise. Tow Fee Program contract is competitive, but we ask that you consider our past experience with the LAPID, our Iong- term operation and staving power, our relationship with the community and our commitment to strong performance at all times and in all circumstances. VEHICLE IMPOUND INFORMATION CENTER The future of towing management is happening today at U.S. Tow, Inc. with our Vehicle Impound information Center (VIIC). Our V11C features were developed by us with the help of law enforcement and have been customized to meet the needs of our customers. The system is not an off -of -the -shelf product; rather it is a system designed to assist us and our law enforcement clients to oversee towing and impound operations while prov=;dint accountability and oversight. The web -based system, which provides information regarding impounded vehicles, has been primarily designed to be used by municipal ties, but also contains a free public search element designed for use by the general public, NJIC REPORTS The VIIC system provides our law enforcement customers with real-time reconciliation and auditing of remitted fees through a computer system that cannot be altered. This system provides very readable .PDF reports or reports that can be downloaded into a CSV file for the Department's use in daily oversight. VIIC system features include_ Detailed monthly activity reports which show all impound and storage activity; Vehicle reports which show vehicle date in and date out; Vehicles by "hold" status; Gross revenue remittance reports; and Vehicle release fee remittance reports. LAW ENFORCEMENT ACCESS AND INFORMATION The VIIC, system allows authorized personnel to quickly and accurately track vehicles, thus ensuring the proper collection of fees for towed and impounded vehicles. Through secured ]nternet access httn:llwww.00ahiviic.coru or by star_d-alone computers located wiihin authorized law enforcement facilities, users can obtain immediate access to information pertaining to irnpourrded vehicles 24 hours per day 7 days per week. This information consists of several components including vehicle inventories by vehicle make, license plate, VIN and original location of the impound. PUBLIC ACCESS AND INFORMATION Although the information available to law enforcement agencies is more comprehensive that that available to the general public, the VIIC system also provides the public with valuable real-time information which facilitates the location of impounded vehicles. With the VIIC system, the public can determine the location of vehicles through Internet access. Required search information includes the license plate number and VIN. Once tele vehicle is located, the VIIC system provides the U.S. Tow name and address, directions to our facility, release hours, fees incurred and a simple matrixx by which fees can be calculated. Ga'iERAI, SCOPE OF WORK/ WORK PLAN P_iI��E1ls�; U.S. T'ow's facility is a point of great pride for its owner and management. Our facility consists of state-of-the-art construction and contains clean, well organized, modern evidence hold, ancillary storage, dispatch and office space. It is situated on a fully concreted lot which is meticulously maintained We pride ourselves on the image that is conveyed to the governmental agencies with which we are involved, the public that we serve and the surrounding community and this image is carefully monitored. Our location complies with all City of Los Angeles zoning requirements fora towing operation and auto park, with a zoning designation of M3-1, and no Conditional Use Permit is required. We believe that U.S. Tow sets the bar for the way in which a towing operation facility should appear. Our property contains 174,240 square feet (4.0 acres) with aluminum and steel fencing which is eight feet in height and is topped with concertina wire. The yard has concrete flooring and contains capacity for 750 vehicles. Because of this large capacity, we are able to store impounded vehicles for as long as is deemed necessary by the Police agency involved. The yard is very well lighted and there are 50 cameras providing 24-hour video surveillance (archived for a minimi -un of 180 days). Our storage yard is immediately adjacent to our business office and is attended at all tithes by our staff members. U.S. Tow has personnel on-site 24 hours per day 365 days per year and we are open to the public between 7:00 a.m. and 7:00 p.m. seven days per week 365 days per year. We are also always available to accommodate special City events. Our property has been leased to U.S. Tow on a long-term basis. Our property lease was renegotiated shortly after Moshe Ben Dayan acquired the company in 2013. The initial lease term is for five years and rums from September, 2013 to September, 2018. Following that period, we have two options of five years each, with the lease ultimately terminating in 2028. Administrative Facility Our facility contains approximately 12,600 total square feet of building area and houses four separate personnel offices, dispatch, accounting, a filing room for auction records and other files, a lien sale area, an IT area, a classroom/break room for company and conummity use, an Evidence Hold Area and ancillary storage space. Evidence Hold Area This 2,600 -square -foot secure area has 24-hour surveillance and limited access with specific riles for entering and exiting. It is equipped with two roll -up doors for unobstructed access and has a capacity of 10 vehicles. There is an additional secondary Evidence Hold Area which is protected by one metal roll -up door and a bullet proof ballistic glass pedestrian door as well as an evidence property room. Our Evidence Hold Area has a specifically designated inspection area which is accessible only to designated U.S. Tow personnel and Police officials. Indoor Workshop Our facility has an indoor workshop for the storage of heavy equipment. Our facility additionally contains one four -post hydraulic lift, two air compressors, three propane forklifts, one tire changing machine and one digital scope camera. Physical Location The facility of U.S. Tow is located at 2119 East 251 Street, directly across 25"' Street from the northern boundary of the City of Vernon. TOW EQIJ-MME N`;i The staff and management of U.S. Tow, Inc. have many combined years of experience with various types of tow equipment. This experience has resulted in the knowledge that deploying the correct equipment is critical to the efficiency and success of Official Police Tow operation. All of our tow equipment is equipped as provided in the California Vehicle Code. Another very important element for our operation is that our tow drivers have the best and most appropriate equipment to complete tasks in a damage free and expeditious manner. The area in which we are located has a diverse impound environment. Vehicles often are stripped of major components such as wheels, engines and body panels and sometimes are burned and/or wrecked. At the other end of the spectrum, we handle custom and high value vehicles. Our equipment, including flatbeds and wheel- lift/standard duty trucks as well as heavy duty equipment including trucks and a trailer, is engineered to accommodate these diverse situations in a timely and efficient manner. Our wheel-lift/standard duty tricks have been engineered and manufactured to be efficient and fast, thereby providing for the immediate removal of vehicles from major thoroughfares. With these trucks, peak hour tow away zones can be cleared expeditiously to relieve traffic congestion and provide the public with clear paths to their destinations during heavy traffic periods while allowing City personnel to respond to other duties without unnecessary delays. With the utilization of experienced and trained personnel, an impounded vehicle can be removed in just minutes by a wheel-lift/standard duty truck. Wheel -lifts additionally provide damage free towing by lifting vehicles by 4 only their tires. Body panels, front ends, bumpers and under carriages are not touched by the towing unit, thereby ensuring damage free handling of towed vehicles Wheel- lift/standard duty tricks also allow efficient towing from parking garages and towing from off-road areas. Our flatbed carriers have been selected to provide efficient and damage free vehicle removal and transport. Vehicles with extensive damage, missing wheels or which are heavily burned are suited for removal by flatbed. Flatbeds also are well suited to hybrid, electric, exotic and custom vehicles. In addition, bulk items such as cargo from damaged vehicles, large or heavy vehicle components from "chop shops," motorcycles or stolen vehicles can be safely loaded onto flatbeds to provide damage free transport with minimal loading time. Flatbed carriers also provide the capability to transport two vehicles at the same time, thus allowing us to respond quickly and efficiently when requests for service are made in proximate geographic locations or when requests are made in a narrow time frame. Our choice of Kenworth and Hino chasses is based upon their capability to handle two vehicles at once and/or to transport heavy and/or oddly shaped cargo safely. Our heavy duty tricks, with their adjustable booms and five -ton lifting capacity, and our heavy duty trailer are available for the heaviest requirements, including the towing of large and oversized vehicles, and again attest to our well- rounded, complete towing capability. Our drivers are highly trained to operate all of our tow units. In particular, flatbed units require highly skilled drivers with a thorough knowledge of the machinery involved. They also are trained to unlock locked vehicles, a frequent request from our Police clients. Our staff is trained to operate units with the priority of safety to themselves and to the public they serve. Continuing education enhances their knowledge base and ability to perform the tasks involved. If selected to be the Official Police Tow for the City of Vernon Police Department, we will immediately file with the Department the name, address, date of birth, driver's license number and all other information required relative to each of our drivers. We will also notify the Department of any driver no longer employed by us as well as the identity of any driver whose license is suspended. Our training procedures are in writing and a copy will be provided to the Vernon Police Department. U.S. Tow, Inc. also is a member in good standing of the California Department of Motor Vehicles Pull Program. Within our facility, the use of forklifts with special attachments provide efficient and damage free vehicle movement and/or vehicle release. Our forklifts are powered by liquid propane, providing low emission levels and reduced carbon monoxide release. U.S. Tow constantly monitors trends in tow equipment, vehicle impounds and safety practices. It is through this due diligence that we are able to provide our clients and the motoring public with the highest level of safety and service. U.S. Tow has a total of I 1 tow units, including three wheel -lifts, five flatbeds, two wreckers and one tractor. We also have one trailer. In addition, U.S. Tow has access to the 23 trucks of Tip Top Tow Service in case of a large emergency operation or a disaster operation. A listing of the tow units of U.S. Tow is provided on the following page. TWO-NVAY RADIO CO[ VIMUNICATION EQUIPMENT U.S. Tow, Inc. uses Kenwood hardware for its two-way radio system. The system employs mountain -top repeaters to maximize coverage area and provide reliable, quality communication, thus enabling instant access to our fleet and personnel. Our two-way radio communication equipment also sends and receives Police tow requests between dispatch and our tow units on a first priority basis. Through its use, all of our clients benefit from faster service, increased efficiency, quick schedule or task changing and higher productivity. DISPATCH COMPONENTS U.S. Tow, Inc. utilizes an efficient dispatch system which features three components — proper tools, adequate staffing and management oversight. Our use of vehicle tracking and computerized dispatch is integrated to maintain the highest level of service. Our system includes time stamping of all requests received as well as notation of the exact time the request is assigned to a tow unit, the time the tow unit arrives at the scene of the request and the time that the tow unit returns to the U.S. Tow facility. Our system also assigns a number to each tow request for tracking purposes. Our dispatch terminals are dedicated to the function of dispatch only. Our radio communications equipment sends and receives Police tow requests between dispatch and the tow units on a "first priority" basis. The dispatchers of U.S. Tow are trained in the effective use of radio equipment in order to maximize efficiency. The dispatch office is equipped with a telephone system capable of receiving tow requests on a "first priority" basis and dedicated telephone lines ensure "first priority" to "Police" calls. Dispatch is a dedicated function on a 24 -horn- per day, seven-day per week, 365 -day per year basis. Dispatchers are available to release vehicles seven days per week between 7 a.m. and 7 p.m. and for a minimrun period of four horns after any special event. Every member of our office staff is cross -trained in order to provide an excellent service standard in the execution of dispatch duties. INFORIMATION TEC'HrNOLOGYKNONVLEDGE The computer system utilized by U.S. Tow is the Impound Management System/Infonnation Management System (IMS). It is used for both dispatch and accounting. The program utilizes functions which provide dispatch, vehicle inventory TOW UNITS U.S. lbw, Inc. owns 11 tote traits and one trailer, as follows: Weight C n t Tyke Year Make (,b9) 11 1 Wheel -lift 2009 Dodge 19,000 _ I _ j 5500_ 15 Flatbed " X010 ' 1-Iin0 -258 25 500 J 7 19 Flatbed 2005 Kenworth 26,000 " 32 Wheel -lift I 2005 _T-300 Ford F•550 19,000 i 26 F,at,}ed 2006 Kenworth 26,000 T-300 27 Ftatbed 2006 Kenworth 26,000 "0-300 13 W�ieel-l_ift ( 2013 j Chevy --j- _ 15,000. 3500 PID 20 Flatbed 2015 Peterbilt 26,000 I 25 6Gr"ker i 2014 i i Peterbilt 5-4,000 16 I;—.--_. Wrecker 2015 Kenworth ! I 35,000 80 Tractor 200'7 Freightliner 80,006-- 0,000 i — -Trailer 89770 2OI5 Landolt 97, ?00 t ,, J 7 search, property removal with receipt, inspection of a vehicle with receipt, evidentiary hold area search and auditing, lien processing including the removal of liened vehicles, VIN verification of make and model, cash on delivery options and private property impound tracking. Not al t employees are granted access to sensitive information contained in the tow program. Only management and ownership can access all records pertaining to any particular vehicle. Any changes made in the computer record concerning a vehicle are tracked through an exception report. The exception report is checked every morning by management to ensure that no unauthorized changes have been made to any computer record. The programs also have a fleet function by which U.S. Tow can maintain fleet data as well as an accounting finction for maintenance of accounts payable and accounts receivable. HAS also has reporting functions that allow as to keep daily, weekly and monthly internal reports. Our accounting department additionally uses QuickBooks to maintain a checks and balances system for all accounts. Quickbooks provides U.S. Tow with a controlled method by which to track accounts, print statements and maintain a ledger for monies that flow in and out of the company. Quickbooks Pro is used to pay bills, record payroll, reconcile cash and keep track of vendor and employee ledgers and advances. A daily back-up of our computer system is completed and stored at a remote location. An outside firm monitors this back-up on a daily basis. We additionally have software support readily available for our tow program. All files are backed up several times per day and we have a working generator in case of a significant power failure. Our computer system, software and tow program are set up to generate franchise fees (which are placed in a separate account) and impound information and the safeguards are in place to monitor these functions at all times. If U.S. Tow is selected by the City of Vernon Police Department to be its Official Police Tow, Police personnel will be assigned a user name and password which will allow them access to this system on a 24/7 basis. As such, Police personnel will be able to electronically view all documents as well as to scan and print the documents and thereby have a physical copy. Our dispatch, tow lot management, impound and franchise fee software has a long history of use within U.S. Tow. Our hardware has been carefully selected to provide both reliability and ease of use. Computer work stations, servers, telecommunications and video surveil lance (the Kantech System) have been chosen and implemented to provide the highest levels of security, accuracy, accountability and service. 91 MONTHLY ,REPORTS If selected to be the Official Police Tow for the City of Vernon Police Department, U.S. Tow will submit a monthly report to the Chief of Police and Finance Director which, as per the City of Vernon requirement, includes the following: *Total Police Impounds. "Number of times dispatched by the Vernon Police Department. "Number of calls resulting in impounds. *Number of vehicles sold on lien sale under authority of Section 3072 Civil Code and reporting said lien sales as per authority of Section 22705 CVC. *Number of vehicles sold under authority of Section 3073 Civil Code. "Names and addresses of buyers and description of vehicles when sold. *Number of calls answered in which time beyond one hour was required. EVFDENCE BOLD VEHICLES U.S. Tow, Inc has 10 years of experience as an OPG for the City of Los Angeles Police Department and thus of dealing with vehicles and vehicle -related components that are on "hold" for evidence or require processing by a crime lab unit. Moshe Ben Dayan, the owner of U.S. Tow, has 25 years of experience in the handling of evidentiary holds and maintaining the integrity of the "chain of custody" in conjunction with his other public agency towing operations through his firm Classic Tow, Inc. dba Tip Top Tow Service. All of our personnel are acutely aware of the importance of handling vehicles with evidence holds. A set of specific steps are consistently employed in order to ensure that vehicles are not mishandled and that the "chain of custody" is maintained at all times. All of our personnel receive training on how to deal with vehicles from the moment a call is generated Lentil the final disposition of the vehicle occurs. Dispatchers advise drivers of a request for service for a vehicle that requires special handling due to evidence or criminal lab processing. Drivers request from the impounding officer or the officer in charge at the scene of the impound whether any special handling is required so as not to touch surfaces of a vehicle, not to enter a vehicle, not to disturb possible material under or on a vehicle or any other special requests dealing with the handling of the vehicle. Once evidence hold vehicles arrive at the storage yard, drivers sign the Evidence Log Book noting the time, date, year, make, model, color, VIN, license and names of any persons who will enter the Evidence Hold Area in conjunction with the vehicle. Following placement of a vehicle or components of a vehicle within the Evidence Hold Area and the securing of the Hold Area, drivers return to the office to notate the date and time of completion of the vehicle and/or vehicle components placement. Drivers receive instruction on the handling of vehicles utilizing our equipment so that the vehicle can be transported without disturbing Fingerprints and/or other physical evidence contained on or inside it. As vehicles arrive at our location, they are entered into our vehicle inventory database and the Evidence Log Book. In order to verify the time of entry, U.S. Tow utilizes a time stamp along with the manual entry in the Evidence Log Book. Within the vehicle database, a special "hold" is placed and this creates a (lag which must be specifically acknowledged prior to any change such as an authorized release by the agency placing the original hold on the vehicle. Often vehicles get released from "hold" status prior to the release of the vehicle to the owner or interested parry. Vehicles that are released from a "hold" status prior to removal by the owner or interested parry have specific notes entered in the vehicle database as well as the agency, name, ID, date and time that the vehicle's "hold" status was removed. Associated paperwork is additionally attached to the vehicle record (CHP 180). Once the vehicle has had the "hold" released, it is removed from the Evidence Hold Area and placed in the general vehicle inventory. U.S. Tow has a segregated, completely enclosed evidence warehouse with a storage capacity of a minimum of 10 evidentiary/criminalistic hold vehicles. U.S. Tow also maintains an area that can be converted to a temporary secure hold area in the event of a large scale crime involving many vehicles or bulk items. A minimum of six additional vehicles can be secured in this area. Evidence Hold Area entry is limited to OPG employees and concerned law enforcement officials and video siuveillance is used to enhance the security of vehicles within the Evidence Hold Area. An electronic record of the person, time, date and duration of access is maintained. This is accomplished through entry system technology which features a magnetic lock system with unique entry key fob assigned only to management. The supplier of our entry control and electronic entry and exit recordkeeping is Kantech. The Kantech system features electronic recording and physical hardware that is secure and that provides access limited to management in order to ensure that the "chain of custody" is not compromised. All entries are also noted in the Evidence Log Book. The elements of recording and recordkeeping of entry to our Evidence Hold Area allow management and law enforcement to validate all access. The area has large, clear posting prohibiting entry. The Evidence Hold Area features ample lighting to aid detectives and/or evidence technicians in the processing of vehicles. U.S. Tow also has a vehicle lift available on-site to aid investigators. Through all of these mechanisms, we ensure that only vehicles or vehicle parts that are held for evidence or criminalistic hold are stored within the Evidence Hold Area. 10 With respect to the City of Vernon Police Department, if U.S. Tow is selected as the Official Police Tow, notification will be provided by U.S. Tow to the Police Captain or his/her designee of vehicles with a "hold" that are stored in excess of 72 hours. As per the City of Vernon Police Department requirement, "holds" will expire "l0 calendar days after the date of a. tow unless otherwise extended by a Police Department employee. LIEN SALE EXPERIENCE U.S. Tow, Inc. files for vehicle liens following California Civil Code Sections 3068.1, 3071, 3072 and 3074. Ultimately, not all liens started end in disposal through public auction. Many vehicles are redeemed by registered owners, legal owners or authorized interested parties, thus accomplishing the intended purpose of notification followed by redemption. In the event that a vehicle is not redeemed, a sale is conducted to satisfy the outstanding lien and avoid the stockpiling of vehicles. Vehicle disposal through public auction has been performed for more than 10 years by U.S. Tow and more than 20 years by Moshe Ben Dayan via other towing operations that he owns and operates. U.S. Tow sells vehicles in a fair and impartial manner to the highest bidder. Our sale list is posted in public view at our facility a minimum of 10 days prior to the sale date, and vehicles are available for inspection one -and one-half hours prior to the sale time on the sale date. We continually strive to improve levels of customer service to members of the public who attend our weekly auto auctions. U S. Tow is bound by California Civil Codes relating to the disposal of impounded vehicles. U.S. Tow also stringently follows the fee structure outlined in the California Civil Codes that pertain to the processing of vehicle liens. If selected to be the Official Police Tow for the City of Vernon Police Department, U.S. Tow will supply a list of vehicles on a monthly basis that we intend to lien sale prior to actual sale for approval by the Department. We will additionally review any other elements of our lien sale operation requested by the Department. CUSTOMER SERVICE U S. Tow takes extreme pride in its exceptional customer service. The impound process is by its very nature a stress producing experience and we attempt in every possible way to expedite the process and make it as comfortable as possible. Registered owners redeeming vehicles can expect to deal with employees who are well trained, courteous and professional and with a facility which is clean, modern and secure and which provides them with comfort in the event that they need to wait for appropriate paperwork, acceptable form of payment or a towing service for a disabled vehicle in order to complete the release process. U.S. Tow completely understands the responsibility for the proper release of vehicles to parties who have a legal right to take possession and we take all necessary precautions through established procedures throughout the release process. Our personnel are trained to verify that a proper release has been issued by us or by the 1I relevant governmental impounding agency prior to the release of vehicles that have either a statutory or evidence hold. A dedicated computer system is available to check the "scofflaw" status of vehicles prior to their release. Personal property is released to identified, authorized persons and is inventoried and notated on the vehicle record. Our staff also is trained to answer general questions regarding the disposition of vehicles and lien sale auction infonnation. Computer equipment with access to our vehicle inventory software is available to handle high-volume release situations. COMINIUOTHY SUPPORT AND INVOLVEiytENT U.S. Tow understands the importance of support of and involvement in the local community. Even though we are physically located in an industrialized portion of the City of Los Angeles, we are well aware that there is a significant community of residents surrounding our site. As such, it has been our continuing philosophy of operation to identify and support portions of the community and community projects in need of financial sponsorship and the donation of other assets. We additionally have a well appointed classroom/break room at our facility which we offer for community use. 12 U1 & TOW, INC. TCrital R.kTEWFFES Towing Storage Light Duty $148.00 $43,00 (under 10,000 GVWR) Motorcycle $148.00 $20.00 Medium Duty $250.00 $55.00 Heavy Duty $300.00 $65.00 Low Boy 1 $300.00 $65.00 Super Heavy Duty/ $475.00 $65.00 Wrecker Forklift $ 95.00 (per hour) Service Call $74.00 Bulk Item $12.00 ( per pallet/per day) Towing/recovery work/transport is assessed portal to portal. There is no fee variation for night tows. Storage/impoundment rates are the same for day and night. Our release hours are 7:00 a.m. – 7:00 p.m. and there are no after hours releases. Towing rates are subject to 30 -minute increase increments after the first hour. Storage for less than 24 hours is charged as one day. After 24 hours, storage is charged per calendar day. Service calls are based on a one-half hourly tow rate. Vehicles not redeemed within 72 hours are subject to lien sale/notice fees of $70.00 - $100.00. a All City vehicle tows within 30 miles are free. All City vehicle tire changes within 30 miles are free. All towing and storage rates are the average of those charged to the Los Angeles Police Department, the California Highway Patrol and the Los Angeles County Sheriffs Department. ® U.S. Tow, Inc. is open to negotiating thefinal=fats with the City of Vernon. However, we are asking to a flee of 7% , of gross ,ec ipts which is the amount that we currently charge LFPD. —� 13 ABILITY OF U.S. TOW, INC. TO PEAFOW4 THE NECESSARY FUNCTIONS U.S. Tow, Inc. was originally founded as a California "S" corporation in 1983. The company was purchased by Moshe Ben Dayan in 2013. Mr. Ben Dayan is the sole Owner/President/CEO and owns 100% of the corporation. U.S. Tow, Inc. has its only location at 2119 East 25`1' Street, Los Angeles, CA 90058. The firm has a total of 19 employees. STATE AND CITE.' LICENSES U.S. Tow, Inc. is licensed to operate in the State of California and the City of Los Angeles. Our licenses include City of Los Angeles Parking Occupancy "Tax M, City of Los Angeles Professions/Occupations; City of Los Angeles Police Commission Pon -nit for Towing Operation, City of Los Angeles Police Commission Permit for Master Auto Park; City of Los Angeles Police Commission Permit for Auto Park; and State of California Department of Motor Vehicles Motor Carrier Permit. EXPEREE1 NCE OPERATING A COMPLEX BUSiei TESS As stated above, Moshe Ben Dayan purchased U.S. Tow, Inc. in 2013, Mr. Ben Dayan came to the purchase with a strong understanding of the highly regulated and complex operations of an Official Police Garage/Police Tow. Since his purchase of U.S. Tow, Mr. Ben Dayan has been working to improve the already strong operations and level of service of U.S. Tow's Newton Division OPG. Based upon commendations that he has received from members of the Los Angeles Police Department, he appears to be succeeding. In addition to U.S. Tow, Mr. Ben Dayan owns and operates Classic Tow, Inc. dba Tip Top Tow Service. He founded and has owned and operated this company since 1989 and it has been his full-time and only business involvement until his purchase of U.S. Tow. Tip Top Tow Service is the Official Police Tow for both the Cities of Santa Monica and Beverly Hills. The firm has worked in this capacity for Santa Monica since 1993 and for Beverly FEES since 2012. Service to these entities is highly regulated and involves impounding of vehicles including owner requests, statutory holds and evidence holds as well as the roadside servicing of City -owned vehicles and traffic accident assistance. Mr. Ben Dayan has additionally participated in the California Highway Patrol's (CHP) rotation Tow Service Agreement (TSA) since 1992, providing general towing and impound and storage services. Additionally, NIr. Ben Dayan is a Freeway Service Patrol provider for the Los Angeles County Metropolitan Transportation Authority (LACMTA), providing freeway roadside services to stranded motorists since 2005. The contracts let 14 by this Agency are highly regulated with scheduled and random inspections of tow truck units and facilities conducted by LACMTA itself as well as by the State of California Department of Transportation (Caltrans) and a special unit of the CLIP known as "David Units." The level of regulation imposed by the CRP's David Units is unequaled in the towing industry, with strict enforcement of rales and regulations as well as of drivers and trucks in the field through monitoring by GPS, Caltrans and the CHP itself. The contracts of LACMTA mandate that detail be paid and rules adhered to relative to a multitude of policies and procedures and that standards be strictly enforced. Moshe Ben Dayan and Tip Top Tow Service have never had a contract fail to renew due to substandard service or violation of any rules and/or regulations. The successful operation of a tow business is complex, with many areas of responsibility. We are responsible 24 hours per day 365 days per year for dealing with the vehicles and personal possessions of many people, some of whom are angry about having been towed in the first place, distraught over damage to their vehicle or who are dealing with the consequences of having a family member or friend injured in an automobile accident. We are responsible 24 hours per day 365 days per year for dealing with law enforcement and the complexities of evidentiary holds, constantly being attentive to the issues involved in the potential contamination of important evidence. We are responsible for conducting lien sales with careful attention to the legalities of this procedure such that we do not err either on our own part or for the interests of the customer. We are responsible to our employees for the creation of a work environment that is comfortable, clean and conducive to minimizing the stress of a business which requires proficiency in taking calls, dispatching drivers accurately and quickly and performing tow services in an efficient, orderly and courteous manner. We are responsible to the many vendors with whom we do business including insurance providers and equipment and parts providers and we must be vigilant at all times regarding the licenses and permits that we hold. And, we are responsible to the community to maintain a top-notch facility which is enviromnentally conscious with minimal noise and pollution and to participate in community events and sponsorships. CAPABILITY AND EXPERIENCE OF KEY PERSONMEL MANAGEMENT Moshe Ben Dayan, President/CEO. Moshe Ben Dayan is a true "pro" within the tow industry. His first involvement with the industry was in 1989 when he founded Tip Top Tow Service in Santa Monica with one truck. Since that start, he has built Tip Top Tow Service into a strong, successful corporation now known as Classic Tow, Inc., dba Tip Top Tow Service. Tip Top Tow Service has a facility in Santa Monica wholly owned by Mr. Ben Dayan, 19 trucks and 23 employees. Among numerous governmental and private affiliations are Official Police Tow contracts with the Cities of Santa Monica and 15 Beverly Hills, Freeway Service Patrol contracts with the Los Angeles County Metropolitan Transportation Authority and service contracts with the Los Angeles County Sheriff s Department, the California Highway Patrol, the U.S. Postal Service and the Federal Bureau of Investigation. Mr. Ben Dayan purchased U.S. Tow, Inc. in 2013 and through this entity is the Official Police Garage for the Newton Division of the Los Angeles Police Department. U.S. Tow additionally provides service to the L,os Angeles County Sheriffs Department and the California Highway Patrol among others. Mr. Ben Dayan's specific responsibilities at U.S. Tow include overall management of all operations including financial operations; company policy including contract procurement and compliance; project staffing, customer relations; community relations, and equipment/facility procurement and operations. The restore of Mr. Ben Dayan is included as an attachment to this Proposal. 1198110 IRrXILT,&I a a Mohammed Jaweed, CFO. Mohammed Jaweed has had a wealth of experience as Controller for several major companies. He is extremely skilled in financial, accounting and bookkeeping functions. With a more than 25 -year background in financial reporting of all kinds, he brings to U. S. Tow the ability to review the daily activities of the Newton Division OPG including monitoring of vehicle release fees, gross receipts fees, collections and business license fees. He is additionally skilled in the monitoring of auditors and insurance companies to maintain our liability and Worker's Compensation insurances and to manage all internal and external payroll reporting. Mr. Jaweed worked as an external/outsource resource for Mr. Ben Dayan for more than 20 years prior to his employment at U.S. Tow. 'The resume of Mr. Jaweed is included as an attachment to this Proposal. Richard L. Kettering 11, General Manager. Richard Kettering has been an employee of U.S. Tow, Inc. since 2009. As such, he is extremely knowledgable regarding all of the operations of our business. Short of calling him a skilled `jack of all trades," it is certainly appropriate to note that his responsibilities are and have been significant and multidimensional. Mr. Kettering has management experience; he is knowledgable with regard to all aspects of the OPG system; tow driver safety compliance; complaint/problem resolution for customers and Police agencies; employee relations including hiring and dismissal; lien sales auction operation (1\/Ir. Kettering is the auctioneer) and paperwork; and security camera content review. The resume of Mr. Kettering is included as an attachment to this Proposal. Stephanie McColgan, Assistant Manager. Ms. McColgan brings a unique background to U.S. Tow. She has worked with Moshe Ben Dayan since the start of Tip Top Tow Service in 1989 and, as such, is knowledgable with respect to all aspects of the towing industry. At Tip Top Tow Set -vice, she was responsible for the management of the banking/financial aspects of the day-to-day business; payroll computation; daily receipts 16 computation, serving as a back-up dispatcher; resolution of difficult customer, staff and vendor issues; and community/public relations interface. At U.S. Tow, Ms. McColgan prepares lien sale auction paperwork and vehicle release paperwork. She is responsible for the banking activities of the firm as well as human resources/employee applications and other associated paperwork. Ms. McColgan also assists the General Manager with other overflow business matters associated with the company. The resume of Ms. McColgan is included as an attachment to this Proposal. ADNI MNi ISTRATIE STAFF The administrative staff of U.S. Tow, Inc. is carefully trained and is knowledgable in the following areas related to company operations: computer software; dispatch; impound reporting; vehicle release procedures; vehicle property removal procedures; statutory hold vehicle release procedures; evidence/criminalistic hold vehicle procedures; lien sale procedures and fees; two-way radio use, telephone system and customer service techniques and procedures, criminal activity reporting; and the prioritization of calls for set -vice. The administrative staff of U.S. Tow also receive continuous training in such aspects of company operations as dealing with hostile people and developing solutions to hostile situations; making effective decisions and implementing those decisions; understanding and adapting to the diverse ethnicities and cultures of customers; and establishing empathy for customers. TOW DRIVE R STAFF The tow driver staff of U.S. Tow, Inc. is carefully trained and is knowledgable in the following areas related to its work: highway safety, towing techniques; rollover and recovery techniques; laws pertaining to operation of tow trucks; customer service, automotive lockouts; and tow truck maintenance. Our tow truck drivers also receive continuous training in the following areas: computer software; impound report reading and understanding; vehicle codes; care and custody of vehicles; forklift operation; vehicle release procedures, vehicle property removal procedures; vehicle inspection procedures; verification of proper release of evidence hold vehicles, verification of proper release of statutory hold vehicles; proper handling of evidence/criminalistic hold vehicles; proper placement and spacing of vehicles, criminal activity reporting; vehicle identification (license plate and VIN); prevention of heat stress, dehydration, exhaustion, stroke and related problems: battery safety; prevention of blood borne pathogens; fire extinguisher use; back injury prevention; and eye protection. All drivers must hold and maintain Level 1 Certification from the California Tow Truck Association. A Staff Flow Chart for U.S. Tow, Inc. is provided on the following page. 17 v Stephanie McColgan Assistant Manager U.S. Trey, Inc. Staff Flow Chart Moshe Ben Dayan President/CEO _,..... Mohammed Jaweed CFO Richard Kettering General Manager Ernie Gonzalez Dispatch (Manager Mario Sanchez Dispatcher Jose Martin Dispatcher Leonard Sanders Dispatcher ----- --- -_....-- Victoria _Victoria Reyes Dispatcher 18 7 Luis Cruz Driver Manager Rosendo Favala Driver/ Mechanic Filiberto Hernandez i Driver Khachik Bekarian Driver Armando Valenzuela Driver j Victor Arevalo Driver Raul Marroquin Driver Carlos Reyes Driver Walter Ruckwardt Yard Manager Jonathan Zetina Yardman AFF iDAV (T OF NON-COI,LUSION BY CONTRACTOR STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) and says that he/she is of _ __ _ rr„s,,, ",--'i bidtl�r, �.. Moshe Ben Dayan Owner/President/CEO being first duly swom deposes (Insert "Sola o,wAu". "Partner",'Pnsid,i [it,' S<Cmuryor ocher prppq, IWo J.S. TOW, inc. It he subnits;icrevith =..o the Cityo: Vernon a bid/proposal; Chat all statements oC fact in such bid/proposat are true; `I hat such bid/proposal was not roade in the interest of or on behalf of any undisclosed person, partnership, company, association, or(,a.nxar0ri or eorporaaon Tear such bidlproposal is genuine and not collusive or sham; That said bidder has riot, directly or indirectly by agreement, communication or conference with anyone attempted to induce action pruJudicia! !e the interest of the City o` Vernon, or of airy cher :bidder or anyone else interested in the proposed contract; and further Tar prior to the public opening and reading of bids/proposals, said bidder: a. Diel not directly or indirectly, induce or solicit anyone else to submit .a false or sham bid/proposal; b. Did not directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a raise or sham bid/proposal, or that anyone should refrain from bidding or withdraw his/her bid/proposal, C. Did not, in any inarmer, directly or indirectly seek by agr ee:nent, communication or conference with anyone to raise or fix the bid/proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his/her bid/proposal price, or of that of anyoneeise, d. Did not, directly or indirectly, submit his/her bid/proposal price or any breakdown thereof, or the contents thereof, or divulge infonnation or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any,tndividual or group of individuals, except the City of Lemo on, or,any person or persous who Dave a partnership or other financial interest with said bidder in his/her business. 3 I certify urider+)"14ty of pertur hat the above informatton is correct By: � o Title: Oumer/President/CEO Dale; April 16, 201) 19 Miruh 2013 I&M EXHIBIT C THE EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities. B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age. C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class. D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. -16- EXHIBIT D LIVING WAGE PROVISIONS Minimum Livina Waaes: A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. Paid and Unnaid Days Off: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the service contract of violating employers. 17- hmllI` I ,} v f //� 7 i_ �t�r me DATE: September 1, 2015 (/ TO: Honorable Mayor and City Council Qt FROM: Daniel Calleros, Police Chief RE: Ordinances Granting U.S. Tow, Inc. and HP Automotive & Tow Inc., A Franchise Towing Services Agreement. Recommendation A. Find that approval of a services agreement with US Tow Inc. and HP Automotive & Tow Inc., is exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Hold the first reading of, and subsequently adopt, the proposed Ordinance granting to U.S. Tow, Inc., a franchise towing services agreement; and C. Hold the first reading of, and subsequently adopt, the proposed Ordinance granting to HP Automotive & Tow Inc., a franchise towing services agreement; and D. Authorize the Mayor to execute the franchise agreements on behalf of the City. Backsround On October 2, 2012, the City Council adopted Ordinance No. 1198, establishing a selection process and franchise agreement system for official police towing services. In addition, the ordinance set forth minimum requirements and performance standards for equipment, facilities, personnel, and services for each tow company providing as needed vehicle towing and storage services requested by the Vernon Police Department ("VPD"), The ordinance also established procedures for suspending or revoking tow companies that fail to meet the minimum standards, violate federal, state, or local laws, or for any cause which the VPD determines is in the public interest, necessary or general welfare for the contract to continue. Page 1 of 3 On March 19, 2015, the City Administrator authorized staff to issue a Request for Proposals ("RFP") seeking qualified licensed Tow Providers to enter into a franchise agreement to perform rotational police towing and storage services. The REP specifically sought operators to furnish the VPD with licensed tow operations as may be required for a three (3) year period from the date of execution. The REP was mailed to seven (7) local tow companies operating in the general area and was posted on the City's website. In addition, an RFP notice was published in the Vernon Sun news publication. The VPD received four (4) responses to the RFP. The four proposals were reviewed and assessed by an evaluation panel comprised of representatives from the VPD Administrative staff. Before conducting an assessment of each of proposal, two members of the evaluation panel conducted on-site inspections of each of the four tow companies. Each proposal was evaluated using the criteria set in the REP. The following criteria was used in evaluating each proposal: Evaluation Criteria Weighting Experience 40% References 20% Responsiveness to the REP, and quality and responsiveness 10% of the proposal Work Plan/Technical Description 30% Upon further review and comparison of all four proposals, reference checks, additional research into service levels and review of customer complaints available through public resources, and physical inspections conducted by members of the evaluation panel, staff has determined that it is in the best interest of the City to award franchise agreements to US Tow Inc. and HP Automotive & Tow Inc. Although Mr. C's Towing was ranked #2 by the evaluation panel, further research into service levels as well as criminal complaints revealed a previous issue with compliance with private property impounds as well as customer service issues. Given the disclosure of new information, staff recommended not to pursue a franchise agreement with Mr. C's Towing. Company Ranking US Tow Inc. 1 Mr. C's Towing 2 HP Tow 3 Viertel's Official Police Garage 4 The City Attorney's Office has prepared a standard agreement for official police tow services. This agreement establishes the City's requirements and minimum performance standards, payment of fees, reporting requirements, and other terms and conditions related to vehicle towing and impound services for the VPD. The agreement is for a term of three (3) years. Fiscal Imnact There is no cost associated with execution of a franchise tow services agreement. The towing services franchise does not increase the costs paid by vehicle owners, as these rates are fixed. Vehicle Code § 12110(b) allows a public agency to collect administrative or franchise fee to recover its actual and reasonable costs incurred in connection with its towing program. Page 2 of 3 Attachment(s) None Page 3 of 3 �,� ,1 3 � � � i :J [0321�AEI:i CERTIFICATE OF LIABILITY INSURANCEw 1oma�,5 .TATS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS :FRTIMATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFOROE0 BY THE POLICIES IELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING WSUReR(S), AUTHORED WIPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOL.OER, MPORTANT: It the cer0ncate holder Is an ADDITIONAL INSURED, the pallcy(ies) rcwst 6e endorsed, It SUBRDOATION i5 WAIVEAO, su6}ect to he farm and conditions of the policy, certain policies may require an endorserroat. A statemant on this cru ieate does not center rights to the :ertiffeato holder in lieu of such entlorsement(s). "UCER 707-7453321 � � D. Storcice Insurance Agency 707-745-3708 F'u I First street 0 281 L aicia, CA 885116 bort A. Slorelee anmm US Tow,lnc WSUREaA:StatcNational Insurance CoT 12031 2110 E. 25th St. wsuRfsa,,SiatteCom_pensat3onlnsxirance�»-''— ry _ Los Angeles, CA90058 wturmc:AmerlcanInternatonalGrou� rus_uRER o: IHN7Bi0,P: � i ~ i )VERAGES CERTIFICATE NUMBER: REVISION NUMBER: _ H41S IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT To WHICH THIS :ERT MATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POt.K;K3 DESCRIBED HEREIN M SUMECT TO ALL THE TERMS, E',GLUSiONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAYHAVE BEEN REDUCED BY PND CLAIMS. T .. TYJ''fiDFSNSURANaE ��, ( POLORIAMER —jIr1A' w=1 GENERAL LIABILITY MFD E7(P tMV�w pw>wnl i _ 6,4an X cc'rjn eNnnLceex :uL tlar,u.Nr XNDP-01571.00 44128195 "Its . .J CIAMBMADE Lx j OCCUR aRocUUcra-eOMPMIPAco s ,__2,600,00£ foml f����t�� ?Rw rORX'ARINdLLe.4fr.VE 3790-15 64,!01796 64161M8 fEJtT. ACGRF.`ATLt•MItAPPf?t"9 #'E+i' i,ii t,.'.�11���)f��`{(: �•1. M1 •r:' 1- � r�11�1{ �I$XJCY� II�R I IIIX: MCS, i�l.� r AUT OM4PICE LIAgttaY AW AUTO .._ ALLOWNEDAUTO,. ��}lV �;-i I/�t1I i [)�\ X LCREOULrn ALnnS CCCJJ [:` „ILc�cxcr,r 'Inlnnu:r: X H000AW05 XNDA-Ot5T1-00 Siti81t5 04=110 X NON OWN4D AUIW EAGI O=RREtKC S 1,000,6DE D"A1MAiaE'iu w.Nrw PFtCML�;i RacerxmexnL s_ 188,060 MFD E7(P tMV�w pw>wnl i _ 6,4an P(RSONAL&ADV p37aRY i� 9,4ti0,405 GLNEAAi_AGRRfCATF i 2,lmt),06a aRocUUcra-eOMPMIPAco s ,__2,600,00£ foml f����t�� ?Rw rORX'ARINdLLe.4fr.VE 3790-15 CW` WJ)SiWAELWT �! UMMWALUe X OIXRYI N _li1CN OGOURRF;NCE P,XCi:55lM(i .».r=`-_LCI'u"FMnUV �1XL 6604642 10101196 401)1111 AOCkr-- .. iM OIGi1C1 w rrNIM { VIQRKerteCaMPtLbATXL! AND aMPDOYENS' UA(i;Ui Y foml f����t�� ?Rw rORX'ARINdLLe.4fr.VE 3790-15 64,!01796 64161M8 QFI KRO119 OFIV iA.Ia%p U "/A tM.maw+I`�+xM N .delwon unJer = n��z.Iaimoy OfoocRA'rroNs a+br. Garagd[Bepers XNOP-01St1-W 04RA715 04126/16 Motor Truck Cargo �XNpP-01511-00 04120!16 0480116 eation O121156h , imAr'+ngeks s (Au900511 GmKtmL(Aetelwar ,eoiL rwxneaurr.ammaspawlR mP,uradt ERTIR LATE HOLDER Cityof Vernon Pollco Dept 4305 S. Santa Fe Vernon„ CA 90058 CORD 25 (2000M9) VERNOCI CANCELLATION rI. D81-AIT-Ptl1.ICYL"T 760,000 100,600 i 1,a6a,atN° x s� i_ 9yo4a,a6� $ 1,OOtl,00t s 1,400,04[, SHOULD ANY OFTHE, ABOVE DESCRIBED POMES 02 CANCR I.E0 BEFORE TH2 EXPIRATION DATE THEREOF, NOTICE %ILL BE DELIVERED IN ACCORDANCE VATH THE POLICY PROM MONS, AUfNORIa;'aRCPBMENTTA'TIWYE ®1900.2009 ACORD CORPORATION. An rights reserved. Tho ACORD name and logo am registered marks of ACORD PtlUCY NIIYIMIZ XNDA-01 �/I (:i) U ti.'I w Savicv, 1w. COMMIkk(; IAL UP.NkRAI, LIAI;11.1'1 Y THIS EIVU 4➢ittiB?MS:NT i.' MPI2:E.S 1110 I fHJC'V, 6•iXASE READ t'8' ('AFZb'FULLY, Aq)83S'0'6C)? °<z, 1 NHURFM VN MRSEM ENT W.VNURS, 1 ;"f—:;<+S 0Iz f'litti'2'Rria"3':)UN-(4'C)RM U) 'I Ills enctomillcn€ l000ifws iwav,aicc p olvidai uedcr Ow I'oNowur.;, C{)tv.M1,',tiC1A1, GI.tNIUAr1i,;.,lA1111 :"i Y C;t.}e'l;itMA'. PART. 10111 wit 111," Name of Porsov or Chyaoiiauun. Cily of Veruull, its ciccwd and lippoillwd alGnlltls, ulllc:o:, cmpioN cos, agunts, rupr:;u:nlnlives, attorneys and YattvttCY;ri. 1§,rject ALI, 00i -RATIONS THE INSURANC2'. AS PROVIDkD BY IMS i'{i ACY IS PRIMARY AND NON-CONTRIBUTING OVER ANY Gflfl,:R VAJAD AND COLLFCFAR,;.V ;NSURANCF ((I' no cnlry appcn[i uboN¢, irdirrmalleft r:¢pui •d !o compI !his cudora:tile nt be shown ill lbc f lec:llm tori n:; &ipplic';ll),,: to lhly vi idol tetit, ) 6VIK) IS AN INSIMED (,Sc,:lion ii) is ameadod of iocludu as an inmircd tile pclson M nrgmrii:rtinn shown in the Sellc'dWIC, bid Wily wili€ mspccl to liability arising om of -}um wnrk" for Mm its ww by Yaa All olkCr Temic lull Colidi! lone of this Policy «nnam unwb.:n;;cd. CC; 20 1Q itl9.> C'a{)yri;ht, Irsutan Senic sOffiic Iuu. 149:? CITY OF VERNON CITY COUNCIL MEETING SEPTEMBER 1, 2015 ORDINANCE NO. 1231 SUMMARY (Granting to U.S. Tow, Inc., a franchise towing services agreement) A CERTIFIED COPY OF THE FULL TEXT OF PROPOSED ORDINANCE NO. 1231 IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. Ordinance No. 1231 was duly introduced at a regular meeting of the City Council of the City of Vernon held on September 1, 2015. Ordinance No. 1231 is scheduled to be considered for adoption by said Council at a regular meeting to be held on September 15, 2015. The proposed Ordinance No. 1231 would grant to U.S. Tow, Inc., a franchise towing services agreement. Maria E. Ayala, City Clerk of the City of Vernon, does hereby certify that Ordinance No. 1231 was duly introduced to the City Council of the City of Vernon at a regular meeting held on September 1, 2015, and said Ordinance is scheduled to be considered for adoption at a regular meeting of the City Council to be held on September 15, 2015. Dated: Man E. Ayala, City Clerk Thursday, Sepmmber 3, 2015 EASTSIDE SUN • NORTHEAST SUN BELL GARDENS SUN • VERNON SUN • COMMERCE COMET • MONTEBELLO COMET • Page 7 C O`M M I& N I'l * "LE�IV Dp R CLAS S I F I E D TODAY, THURSDAY, SUNDAY, SEPT. 5 O'Reilly Auto Parra In Bell. Get TO PLACE YOUR AD, EMAIL: SEPT. 3 AB day -Free Fishing In the a new oil filter when you turn In CLASSIFIED@EGPNEWS.COM 1 -Rpm -Used Book Sale cur City Day a many area park lakes. yiur-doil&sundfilter together. NOTICE INVITING BIDmS m ' East Los Angeles Library Then CA Dept. of Fish & Wildlife Trashing an oil filter is illegal. The L»yei "•� °�'^n "' ACCEPTING / ACEPTAMOS Sept. S. Shop from thousands of invire• people to try their hand at eachangewill III place from 10.. bduk.,ma DVD•andaudio fishing without bat fishing ro 2 , the O'Redl located at :.e`a�Inel'°o:n.,m. cl'a`d an." n d slw.,e.n cess.. m. ILII IWIYWIYIItl sly ea-tVu1M�I�Y1 W��BI�IiI'ii gazi.. e. wi buying a g pm a Y ;p,l,<mis.T •� bow 1 m. bookF. Hounon Friday and Satur- license. hiagrat, low -con way on 7019 S. Atlantic Ave. Bell 90201. "n<d.r"w : 'o il°oPlsuootmas 1n ^`°^•w^° fT1V 8» INemi 8ouwnMPw.maum CITU OF VERNON C COUNCIL MEETING day: Ipm-5p.. Library I. located gi-fisWng. try. Ch-kyouridad For info,cvll l -888 -CLEAN ewI r,binm �.9mn Ilmn n :u. ss w,a euWG SEPTEMBER 1, 2015 at 4837 East 31d St. For info, call park• & me program for denih, or LA or nen www.CIs nLA.com. �­"="= F `X, ane a (323)264-0155. msitwww.wildBfe.a.gov. I:S.w.md arms .n m. u.m. '..". oiy�wwp0n, m �: ORDINANCE NO. 1231 SUMMARY 5:30-6:30pm-Montebel- lo Mayor Pro Tem Art Baraja, Hosts Town Hall Meeting Sept. 3. Residents are invited to A end A discussion onissue• related to the community. Event will be held A, City Hall: 1600 Beverly Blvd. Time: 5:30-6:30pm. For info, call (323)721-1153. Ipm-Meet New Nordmasl Area Police Captain Arturo San- doval at the Historic Highland Pack Neighborhood Council mew- ing at the Highland Park Senior Center. Sandoval will discusshow he plans on build community cruor, deal with gang, & crime and other CLASS OF2025 ronrinurdfompage I "1 want to be an engineer," eight year-old Brandon chimed in. Retired NBA player Jason Collins, An .mbassador with NBA Cares -the national with league'aglobalco unimout""h i itiaive to address portant such as education, family developme.r,nd health -cold the third -graders that education will eapo e them he much more they fun thing, in the world. Th<1v 91NBA caceais 3-4 yan, •o even ou ifyachieve to be in rhe NBA, you still have the re. of your life to educate younelf," Col- lin. cold ECP. 1 Have. Dream -LA has been helping.tudenn for nearly 30 yeah .brain higher education through scademic mpport,.ocivl-emotional aeYelopmen,, college and ane, preparation, c.mpu. viFin, tutor- ing, cultural enrichment and drug, crimeand pmg... cy prevenrlon program W hilt in the Greamr Los An- geles vra grvduvtion rare. vol 63%, ,he foundation proudly boam.,ha CITY OF BELL GARDENS NOTICE OF PUBLIC NEARING CONDITIONAL USE PERMIT NO. 2015.025 VA IICE NO. FR. No. 2015.020) 21 Nobca N Mraby I- Mat ins Planning Commission a the Cft of Bell Gardem ,11 MM A public Miring W ....We, C.,HMi..I Use P -A No. 2015028 W. (1) wil.am M. aparati.n o/ .n *1111:9 .g:l-...... ng C--9 1 fi id at 5703 GAP. Avenue a (2) tlemol eh Ma sat ng kloak building bested at Me Oh,vron flea tato, eM Ade lop thesC, with • 14.19 square to Extra Mile nv ni....tare. TM Plann PS Cammisai°n will be c.nsldw Variance No. 2015028 m: (1) slow the DroDoaed 1.,119 .Oaten loot Ern Milk, < arra to M "" tru<W with a,Mro M-. ­ with on the nosh q°prn in., (2) allow Iwo 9aso1'neltlw•el pump alsnds to be batetlthin 15 lees I- A plaperty lin,' and (3) allow /or A A r q,iMd Irish eml-a P be provided -alta In an Adloinin9 parcel •bo leased by IM Applica M, I... ad at 5717 Gage Avenue. The .abet/ prowl Ia lomtetl .1570 Gage Avenue. 8.11 Gallen., CA AndiI presently zoned CUA (Cemm r .11 M ....twing) with • Gamnle Plan L•nd Use de ,n•Mn 1 'Mhed Usa' (CammerciaU Resaen0.0. In .:,:..dame with IM C.All- E,m,.,maMai 0.,14 Act (CEQA) GUM.II.s. Condnionel Use P.mn ant vul.n<. No. 2.15.028 I, ,t parlc,lly pl pursuant to S..'" 15332. Class 32. i.Uill development of leu than raw (5) acres aur, -did by urban uses. TM qk hearing will M Hld Mlon Ma PI -MI mzz'lon of Me o- of BANG. d.m, in Council cn.mbera .I Cay H.II, 71W G.MId Avenue. Bal Ga.d,n., CA IKI on W,dm.d.y, i ambar 16, 2015 at 7 S.g'.Go PM. -h time p,,p..MP and m ­ M_ ole pr.pe- Conditional Usa PsrmN antl V•rlen will M heard. Que•tlons may M 0-d! in Me Community 0 ... bpine.t Depanm.M.1(562) 806-7700. eaensi.n 7722. Per Governme. Code S.b.K 65009, ff YPI 1waV 9P thisce CO b -I Use M Ii.IAE le sing only those °I. roes you.1 arson1sls. MM d .I in. P hiring d .... And ,n tnia nate o in wnnen c asp.nd.K. de WMd! to 1M. Planning Cammissi.n prior m tM PAWe Hering. THE PLANNING COMMISSION Ron Hoyt. Chain Ml PZi.ed: Bell Den■ gun. Seylm.hard ber 1, 2016 Posted: Septembe9, 2016 Bell Gardena Cl Hit Bal Gardena John Amon Ford Pm, B.II Oudena Vetmem Park -Rosa Hall Auditorium 88110■rdene Dap HnM or PUWI,Werke 9:3,11 C Nit.21900990 SASTA DE SUN UPCOMING Congresswoman Lucille Roy - b.1 -Allard will host an Ird rma- tlond workshop Sept. 12 for 40th Di ... it, high school seniors & parents i -,rod in lea-mgabout requirements for attending A U.S. Service Academy and receiving the congresswomen, nomination. The service academies: provide v free college education in return for five years of military service a, commissioned officer following graduation Workshop will be held 8:30-10:30 am. .,he Downey City Library, 11121 Brookshire Ave. Used Oil Recycling & Used Filter Eachang< Sept. 19 at he I'll die pat file yeas graduation rams at their partnering schools have avenged 89%. J... SDeivan, CEO of Parr enhips for LA Schools, told the audience this a the type of project everybody wane, where the whole community can come together"for A good future." "When we found that [the students] can travel together to Hollenbeck [Middle School] and then to Roosevelt [High School), wex very iced,"Bhe aid. e Studenta who complem the l0-ye.r program will receive an S8,000.cholanhip ro.meod college ora accredited vocational school, cording in Taylor A. Ikemiyv of the foundation. "Hopefully, this is something that helps them out," Crisrins Monies, another motherof tthird- grader told EGP. "The plan is to help,hem with,hetr mudies an they an be accepted into An untveniry ass Since established in 1987, 1 Have A Dream -LA has served er 7,200 individual,, many who have gone on to become program volunteers after graduation. On ,he Easnide, p ... nering schools are Stevenson Elementary, Hol - CITY OF BELL GARDENS NOTICE OF PUBLIC NEARING ZONING CODE AMENDMENT N0. 2015.045 -ORDINANCE NO. 567 (FILE NO. 2015.045) N.e.e is Mrabygiven Mat the City Coumil 0 the Guy of Sell G, A- will X.",Ft A WWk Marirlg to warder Zoning Case Am, .M No. 2015 045 And edoptten or Ordimme No. Set mends., Chimer, 9.12 -C ....... I Zones; Section 9.12.030.Pe Mul Land Uus' T.W. 9.12A -Commerc,l Land Us. M.W.- to add I.-ni. display III,, cue A condN orally ! Z. u In the HeeW Commercfel (C-.)2aM: CMge, 9.14 TMurdal Z.-, 6ee0on 9.11030'PemMed MM Uses; T.bN 9.1M' Indua01a1 Land Usa M.A...'-did ehrronk dkpby signs as A conditbnaly 'r2one0tl Chaph 9.40,'Sig.me in me Ught Y' Se ie. 9.4002o.O I_ens'to add A dalnN.. for aedronc display sgns monument s M5a. ^013 ramiree sns. ,gra . d ign lace ; ^ a d to ,tltl 6edion 8.40.055. 'Elacn.nic Display Sian,Melro, to 855ablish ra9uNGons for Ebcuonic Dil"' Signs R.niny Cetle Amendment No. 2015-045) Ordn.nu W. BW is rad suhl.d to Me C•Marnia Environme. I Quality Act punu,M to Sectio. 15060(,) (2)I conaM,ting an acti �aY that will roauu in A din" o emery /or»mob Indind physical charge In Meenviranm•M; antl pursuant . b.."on 15080(b)(3) constituting anactivity that 4 nos • prolect„tlaina0 in Section 15378. The public w• MwiH be MM et•»pular ...RPS of the City .--it al Ina Cl o/ 8811 Grdans, In Council CMmPwM Cl Hall. 7100 Ginfield Awn.. Bea Gardem. CA 80201. on Monday. SegemMr 14. 2015 al 8:00 PM., at which Nm. Drop-nts ant oppo.. of 5015/00/5 ane IOPrdin:n.. N.. 86m7 may M heard. Owatbns may be direcbd to the Community Development Department at (SU) 808.7700. artenaion 7724. Per GovaH-1 Code Section Cade A..m. ,1 No. 2015-045 ant Oreiname No. 667 in court, you may M b.- to mint Ml, those oar you a» raed .1 M. Ru01, IM.,- d, rle.d in MIX n r w.en Ance •pandadel-dto the City Ooundl al or I— W the public Merin9 CITY CLERK Kristin. S..an. Publl•hed: Ben Garden, Su., '.P' H. a, 2016 Posted: aepAmb. a. 2016 5.11 Gerona Cl Nan ..It Gardena John Anson Ford P ­ Bell G.Mn• I—— Park - Ra» hell Aud elbm Ball G..n. DaMftnwM or Pod, Work. 9:311 CNG -27900661 EASTSIDE SUN Montebello 9/11 Memorial Ceremony. Nytribum eo thosewho lost their lives during the .tracks ofS.ptember I1 and recognize rhe brave men who verve the country. Event wig be held at Momebello City Hag, located at 1300 W. Whir tic, BIvd.Time Spot. For mfin, call (323)887-1200. Ad-rlw your -.1 in EGPi print and online Community Calrn- darf .,lowpriA For i f - mariom rmail.dvrrti,r@rgpnrw,. <om orr,Q(J2J)341-797G.To submit ane.enrrarhe Community Calendar, -mail calendar@rgpnrw,.nm by S p.m. Fryday for tb, next 77, r doy Mars spar, u limited. Ienbeck Middle School, Meth and Set... Technology Magnet School./ Roo. -I, and Roosevelt and Mende. high school.. "Who we are? The mighty, mighty dreamers" chanted the third graders as theywalked off the migerorecei-fi bvrkpackwith school supplies donated by partner World Changers Church -Los Angeles sold A cupcake declared by parents before posing for their first offidal group picmre As the el... of2025. "Watch out world, her.... henews mare."Ramos said happily. CITYdfance Summary NOT CEISHEREBYGIVENOMI PMugust 21,2015,,MCity lo,IdloftM Cayof8.11 No CsliroA! A a ORDINANCE ANCEOLdimF No BCI Y COUNCIL ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELL GARDENS. CALIFORNIA, AMENDING TITLE 8 THE BELL GARDENS MUNICIPAL CODE TO ESTA SUSXTED, STREAMLINED ED PER. AN EAG PROCESS STREAMLINED PE I. MITTING PROCESS FOR SMALL RESI- DENTIAL ROOFTOP SOUR SYSTEMS The e.erdimnce will emend TM t Bill 6 0l the Ball Gard.n. Momcip■I Code by ambliznirq ..... ...ntl s id." tl p "Pe 9 ts, -for .mal mai 11 K. al sea°mllne lthe epl.n tr PAw and permit Druce» indudlrN so4r sv •deow"."endtl ofb<nre.dr3¢leotl nim, 111, by f»I. A OndinI Ia ncl�dew In in. M Ci alec0.. b�illaHn•nd °Pq filaa M.rired der Go ,-M Co. 85850.5(91(21. The CM Council Assad IM ordinance for Mgbn with tar, WK.i. rote' AYES: Coumilmembers Fbr-, MBMota, POOP,, Mayor Rodn9.1 NOES. Nom ABSTAIN: Nam ABSENT: Mayo, Pr° Tem AcB . A wpy of the Nil but or Me ordi..... M v imh, at the ome, °I eve City CMM at 71W G»Bad Avenue, Bell Gins.... CA 80201, IeMrkOm S.Mane, City CMM, At 15 of "I Gardens. 9J CNS -7892500 EASTSIDE SUN CA 4 OFIELL 6AI161110A NOTICE OF PUBLIC NEARING ZONING CODE AMENDMENT NO. 2015-001-0 ROINAN CE 015-001-ORDINANCE NO. 666 (FILE NO. 2015.001) Nude, is Mraby hM. that IM City Council of Me Ciry o1 BNI Gardena wIII old.,bA M i ^g to on der Zo ,ng Cod Am Mme t No. 2015 001 .M adoption of O,diname He 866 ..entlmg Ghapte, 901 'DenlidPls: then 9.04160 -P D0.1twi. t. add 4 tl."ft to, M -hop.. and CMP1e, n 12. CdMhwcla Z...... S-- 9,12 OW ection9,12.0W Rar,M,d Uses Table 9.12 n. Co.. ,kal LAM Use MIRN.' to add uy:m hop AA A .snob nilly perm Id. Heavy C.mm.cisl (C -d) Z... .Onh...e He ASIA is rad subject W Me Ca18er.k EnvirenmenAlQ.li Ory Ad pumu.M to SAO., 150601.) (2) _ft ,n ,cOviry Inst will not ­.ftin A direct a nobly W ....ble Ind -t Dhyei,a r<ha in tH environment; And punu..I to Section tar a 15060(b <, datuxnp.n.Acnviry 5537project, ea tle6tl In SMion 153788 The Wbk Merin, w41 be held it ao rpubr m n9 I int Ciry Council d Bell Ga.dem, in Coumil Chambers ,t City Hall, 7100 OR— Avenue. BeN Gartlena, CA 90201, a Menday. Segambe, 14, 2015 V 6:00 PM., at wnicn Uma prop.... antl ome....i I,— ad Zoning Code Amendment N. 2015001 antl 0,oh.- No. B66 may be lard. QuesllonI may be d,,ect.d W the C.mmuni" Oevel.pment Department at (562) 808.11110..e enai.n 7724. Per Gevelnmenl Cod° Section 85008. d you en N.nge Mie ­ Z.9 Coda edmint ws 2015-001 a -in.- No. A66 I....n. y.. may M imAed W ming any thou isa.e you sae Ma at Ina public He II d.acriMd In Mil notkA ol w&wn e•ponlonce deliv.stl I. Ih. City Coumil r o, prior t. the publk M.ring. CITY CLERK Krish SAMan. Publlahad: Bell Gardena Bun. ,.Ptem Mr 3.2015 Posted: SepA.be15, 2016 Bell Gardem Cin Hell Bek Garden, Jahn Anson Ford PGA BAN OR -...b 1 Perk - Roars Hall Auditen.. BeN Garden, DspenmM V Publle Warks S4ALI CN -7100948 EASTSIDE aU!l IG,»b.D 1. Us Tow. roe s.m^m.»mm a»,venaa m.mi A CEPTIFIED COPY OF THE FULL TEXT OF PROPOSED OROINANCE 1231 NLABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT c3M SANTA FE AVENUE. VERHON. CALIFORNIA nelmal was d.1 11 d al"1.a.a ., POM CN dw n a ware^ a d2m5 eoqunlm »N C.un<Pian rte»» 1 Mn.le en s.q.,,w., ts. 201. Th. Xeeeud O -K. Ne . -.1 m U S. Tow, r_`7 -g Pciry Cle'k o me cIry of waren, eves x.nbr »nM met 1x31 war sun mlrMuc.d t. Me Dir Council d m• car a v.mon •1 . P , . P d hale 1 aM.Z1 1, ]m5, arab »Id CITY OF VERNON Cf4V COUNCIL MEETING SEPTEMBER 1, 2015 ORDINANCE NO. 1233 SUMMARY (G IeR to HP. A—— A T., Inc, . -1P. l.wim »m n.m.m) A CERTIFIED COPY OF THE FULL TEAT OF PROPOSED OROINANCE ATOW0 ANT FAAVEAlALABLE INUE,ARNON, CALIFOOFFICE OF THE RNIA CLERK LOCATED NP Cary N vamn n P°a�°S:q.mGw }016 P ONnan e mgkntby um Coat„».1 a rte b. n.ld°n S.,eawb°er 1x5,2015 i...Mncm»mm »nK :ao"m»t. f.HP A.mmM�waT.. OreIra E AYaw, Car Cw,k of M. Cay .f -0, d»a wnby MMY Mat inenA N.. 1233 wee duly in duced to the Clly C.uncll of m. CM of Vernon a . .F , -.I. h Id ion S».root 1, 2015, ane and ON.d. S.q.m»r 1..15 SOF .... E AY.I., Gra C.. ­ 1'M 1_ N,L.m,AP­ » »xsi°,o KEYSTONETOWING V M Tavlxo Roa1R , r tlwPwxc.wdm, .en»i vela: ,1wn.w w�v.m. E.. DEN SALE: 95 TOYT LICENSE. 7DWSd66 LIEN SALE: 12-VOLK Lice A. 6UZF161 / CA Ke.P< I..,dmee on or •Int Dw»n by XXXI dyl", s„�n" JT2SK12EOS0274358 LIEN SALE: GO BMW Vin: 3VW2K7AJ4CM101687 to be slid at 10:00 am n c�. »rap Mwbyi n.,n, •t°]ii5'" m asp b texp.panmem LICENSE: SWYGeo3 4uSCN3343YLF70653 9/18/2016@ 11666True zdale 1 by 1.Xc m.N.�:b suqu<a e» as deS­2­01• n�1?�Pipi TO BE BOLD AT 7:70 PM ON STM Avs., Sun V911ey, CA 81362. Ta1ta RAFAEL JR c:•Pwr is An .,m .-L, I Pan 0 9 /1012 01 6 AT 18108 SL, VAN NUYB, CA. /1606. LIEN SALE: 04-MERZ �n e"mb0 bva16 • °n ofl e::i�:l AIIGN[a•a VIN■uxeServla Litem. 5ELM928I CA Vn'n CBTJ75J"FO72391 u`v. la a ° .oaens tl»m m d, aL,w» LIEN SALE: 12 -KLA m be la t 10:00 am 8/19/2016 ® 16942 Wyan- 11, nn svAMwb •aJ.°a..7w� - wNw ime slaw w5°ia. _ d L e 6UGK80B ICA Vin KNOJnAWC74056W dOK1 St., Van Nuys CA91406. res.aN rI . e 4" wane m e o:1.n001 o ��a m wnnn a La o-ne x�a, to be Id t 10:00 am on 9/16/2016 @ 12666 Strathfm C.s Loa Ai rant o A— LIEN SALE: 97 -YAM ulnwnn. e, 1011. P. -K M �. Fat'.vl. axurPkof u.,i.aMOie St N Hollywood, CA. CFI: 3334PB HWI ID'. YAMA4035L687 salve,.». AVDA Aucnox INC GEN SALE: 02 -PORE L,ense' 51 CA to ba M 5 10:00 ,H9d, sol 14023 mon Vin. ,99325 13 2I1&*,, SL, Sylmar, CA 91343. *to It am on m t m on. G.A.D. Auto • .. g . 11 6, , A GEN SALE: 14-CANAM yon IiNel N. Hollywood,C A. yon BIvO N. NllwotlCA. .ION'S Tom- Vin 21 U38M I7 A 9,M Id t 10:00 am on Mental Health Clinic LIEN SALE: BBS131S License 8/79t2016O4107SanFeman- ;°Ie J.,DA3BMTW735 do Rd.,GImdale,CA81204. Position to ole m t 10:00 mon 9/16/2076 O f010 Norrie GP ALTO r ­ EN LIEN SALE: 62-CHEV Cooking, Cleaning, Shop- 9 g P" Ave Sun V.H.y, CA. KENTERPRISE L.e H, 232804X ILA ViM 8M -23280A 21867L232 r Vehicle Washing. umsmy GEN SALE: 97ONBD 16d M218871 t 10:01 amkPin91 1119/20Glerwas L..MABYE31CA 83NA50323Blvd., 1816 3unVa9ey,CA91362. Monday -Friday 8:00 AM mVM jd211076060Castan Mexaa'sVlxrtaxeSalvla 4:00 PM Background Check /116/2016 Gin Rd. Valencia, CA. "Eesti LE•G"IS2/cA 323-318-2520NOpICE'T.T. 1CmSAL■ Vin 3N1CB51086L579399 to be le t 10:00 am on 12666 8122/20161@ 12666 Strathern I ,ipeti ` St N Hollywood, CA. Temp job 3 wks, Retail Fixturing. $12/hr. arNED Own transportation needed. Call for appt time. 888-678-8966 `SE"1, �E�.r ©°D©DC7°aOOCi x1189 I 161 5. 24, L.A. CA 90031 PMI: 32_1w-9_ 1x1(099] T -37-2-3w221-1090 FA_ NIDYlO.0 CAN STALL FF US ONILUNiE - lGLOM CITY OF VERNON CITY COUNCIL MEETING SEPTEMBER 15, 2015 ORDINANCE NO. 1231 SUMMARY (Granting to U.S. Tow, Inc., a franchise towing services agreement) A CERTIFIED COPY OF THE FULL TEXT OF ADOPTED ORDINANCE NO. 1231 IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. On September 15, 2015, the City Council of the City of Vernon approved and adopted Ordinance No. 1231 granting to U.S. Tow, Inc., a franchise towing services agreement. I, Maria E. Ayala, City Clerk of the City of Vernon, do hereby certify that Ordinance No. 1231 was duly approved and adopted by the City Council of the City of Vernon at a regular meeting held on September 15, 2015, and passed by said Council by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS Dated: 4'--f I ( -1 I I S McCormick, Davis, Martinez, and Ybarra None None Woodruff -Perez Mari., E. Ayala ity Clerk Page 10 EASTSIDE SUN • NORTHEAST SUN - BELL GARDENS SUN VERNON SUN • COMMERCE COMET • MONTEBELLO COMET • TI,N,.d,y, Scple'nber 24, 2015 CLASSIFIED TO PLACE YOUR AD, EMAIL: CLASSIFIED@EGPNEWS.COM NOW ACCEPTING/ACEPTAMOSM 1= jSustexn Group Publications, �nc. ® ®NOTICE ®I es`'•e County N CANOON.RUBINA Arv0 IRENE LL TRO.GRE® INVITING BID® The ryes Me ryM MS LOW ON OF LOS ANC�GGB6ESS5 .315 GO COUNTY OF 08 ANGELES `Y CY XV, LrtAnn`lee o.w T... tlk. submbtetl. The Nis r0aervetl 10 re M aha bHa, [0 AND3513.00 T 53GS0 -MOUNT rC SS Ori iD j-I"a 3 2 5 +] 1 .1 NVESTMENTs w TO THE PURCHASING AGENT OF COUNTY -.pt one part arta reject the Nhsr, and/or award an order •' n Faf Tae tall.cter K- I--- VNENN Lo�Ano-COUNTY Lµ8 LOCATION COUNTY OF LOS A1000r.DAVNiO LOCATION SANITATION DISTRICT NO. DISTRICT 2 will beat serve the interest of the DiOiCh. Unless all Mds GELIESS,7.47500 T OF LOSANGELES OF LOS ANGELES COUNTY, STATE OF a dee, awartl anti1 be made . the low. reaporMive, 2050n-0]0 NN 5306,000 37 TEJON -Sol DO r le Notice of DINdeA lublicatlo. V VIAFERNAI 0J LOCATION REN ESTATE LLOCC L CATLON 645 e3 001702. CALIFORNIA raeap-we edea,. In the event of arty such rejection, the COUNTY m OF LOS ANGELES CO%% OF L ANGELES NE'fELD "'CORP OWIOS peNCta shat/ rMl be Osbk b airy [oUa incurred in wnrredion s,o A, sea COUNTY OF 08 ne.Plai c, m C : De. Im P,OP.m Su Ipct b e. Panay or Said in .nd ror me COunry q Goum JOSEPH IULI T 20t5ane dPq coshN Wo Coilenor11_11"i"eutl111 11, arae, Inca X1.11 a "T . aai °o 30. 2015,t the dr.Fem.. L.Ah- Of rG Is CAii.mi., 6u4di np PONoma Rr w Iwdrealee 4 c t...I rAt Ileac to yetne . smum Ona ar.cn a:tneane Or Own at • nauwd T^amum ad a for prbl n:ar<n . u. R. -Hu. ane onokar2 he wa M be ai< b 1.00 PN15 , d... i 2-0015. / w0l--1 a 1 20�I1"r et m (PTI mnuenvw.ne.day. lM.myNr 12015..1 12 IIIIbSP Iso .nauilk.N aM55 000ctee :irc wq Pe LrP-1 IhAAN, aFchwe II Go no .n., sese s rr..", Ns -IN, Ah'o°e5° I"m. al 225-0NMAI<M Ii ISNet, wama WOW Mld ell m 22.5, at 5.00,. Fn y les? 3, dr. TO INJ IT. P1owmmr:.. the carni° ro pm.menter eew astip, Cis n;:::Ir°N"gmn.....�aim iwm eu w 11 �Nqp TIT 1= th .Inde/' n a Is I= lry`iB9EPl'°tn NELLY� Te -re ... a TAY C-1 a nq meallryrslne. cid p moeNM .IS .15"Go I. 1 cls, '�sinOF% mlrn. Int` 1.I misooueulullw AAeN act � ewNei P.Ah ;ImElcbumsf s.t h'a Re.1r.rY rhaaNtaRem"en2me e of Hh.heMa Au.e.re uNtea M 500 VAY T.m, . S1rM, Room 225 Los AnSY.e Ca ll Mdmw01$wN"u.. <4 MnTa r 2. NOT, RN.. RaoM 110. 1Los leen Cslmm. 2045 or 1(713) 974- Iu Mane yyr the I INBal njAs2.v.co da:t Loa. Ukbmra. sI UIY -7 Counf L. .r sTawmty oShe ITV.11 .0 CMeounty PROPERTY°SUR T 1T TO LTHE ]O15MEA) OF SALEI-E N30NNSt720W001 NIM DON _ANG os AN""cUNTY EUEI SGx c_AGUIDO UO N LV LDC "R UIRITION OF S ANGELES COUNTY .,d ° .. MB ON EO.GUADMUPE9mAND COUNTY OOSEL08 41N0500 ANGELES AL'ONGELESaLOCATION 643W YFOF LOS 3A AIN szac-022-0u COUNTYSAA ZI IC L L G 85.5.800 ° OF LOS AN3411E5 CNN WT S 520801]053 ROIAtwMA Oti•EO FA GO FOORNAb YYESTERN FINANGFLO ALNGELIss+u:alm TI T ROU11 AIN "' M°N EDVNRO 206CO GIOROACALL IMETREFN FRIA CIAL LOCATION ClN� OF1 1.ANGELESBOAN 1208004-013 LOS ANGELES .014018ARROw ATION COUNTY OF 320015 W Nw 24].1.2 CATION LOS ANGELES 247010.7 TR AS LOS LANGELES N 175G -02i02] N NTS TIO °LOS ANGELES m�aLINCEMEAESOS NGL S5251D EM 10 1 Y TROI.NTY OF UST he Go Al 3µ LOCATION 055754.3019 'ROPERrIETY OF LOS °"aasw0ols-03o ONAS LOS ANGELES U I,OLC CA LOS ANGELES mi 9OLAN9 LOCIATIPIO N DO a30PLOGTON S ANGELES .05.4-4 = OF LUC N 00 ]05024025 OILINTY NOSCO OF LOSS T do ­YOF34LOS OP 5.5074-022 UEL LOS An°°GELES SUE P µ0 E LB LOCATION TEION S°C9CJ°°B' AIN MS]M0,5019 L ANGELES C°IISUNRL LL08 L,V°GH CN ES TE LLC LOCATION 3�5SL]9 WAIN 521x-0240+2 I LOS ANGELES SHEPNERDbNNCENT NATION UN COTY OS ANGELES UN "FREL 5 LOCATION "' Sea Go CUT10. COUNTY OF" S ANGELES INELE OPMENT MEIN S]5aW1CNN H54-010.1 FRA COUNTY OF L ONELE fl]°`N COp TY OF LOS 777200 7 � 700e MESA NELOPMENT COUNTY OF LONIC OS alyiMTMMTel[InGMI109,01C, Exit Go LIEN SALE: 74 -HD ....]012 MESA Lions,: 21J9485l CA oLiN°n EaF Los VI^' 1HD1KRM33EB633030 COUNTY, P LLEe3@LE: 5E 03-FORD CA NE LOCATION Vin 1FMRU15W43LC51410 ANGELESto be sold M 10:00 am on Fs3o7me-0x PAN 1/26/2016 0 iJ0 N. Ouay St. WlImitator, CA. IF LOS LOCATION AACHEa'SVINELANo BSovim 1307 -GI -1. Po LIEN SALE: 06 -HO 8D CA IF LOS ANGELES Vin 2HGFG1267GH549874 s3oeme-0le LIEN SALE: O3-NISS 4 COO1NTY OF L08 Vin: nJN1A234D63T511 CA 08t155 I,M70o m be Iola at IDIM am on sl soma 9/21/20% 0,2666Stle here N Log -E.a St., N. Hollywood, CA. 1 MSim,mt U Ls FAMDMB FGLLE CDUNPROPERTIES o LIENSALE: 13 -FORD License' 4/CA 1182 PPS,St-0T-0,2 VIn:i FM5KBGT2DGCT200C81556 AEL I-. ANND to be Old al 10A9 am on x Los ELES 1010712016 a 7216 Ernst AW.,N.H011ywood,CA/1806 v NANrHoHN 31-0'0 1/A111SlAK[R TOWING IFM"RLos LOOCGATTION LIEN SALE: OS TOYT 545201-09 LICENSE: 5SHW542 'ASTIR ""'IN 4T1BE32KSBU136]59 OS ANGELES LIEN SALE: 00 MER2 5453-021010 LICENSE: SVCX918 WOBNG75J1YA132796 )COUNTYNEOFTE LW TO BE SOLD AT 7:70 PM ON ERESA HNO'�cl5 101.,VAN N AT , CA. 9TAGG 06. ST., VAN NUYS, CA It/Off. WN Y Oi°LLLOS BoVEMTNSTaaiTGMlaai IMC. 1. 31, Go LIEN SALE: 00-0ODfa UNEP 54''4-07 Lkenw' 80471120 / GA 0 m SCOLtiw ON 1B7HC13YSY1."S' 29 LIEN SALE: 11 -HISS I�N+ro of License: 6SXA501/CA FMMIN 51L"ONC TION Nn: 1N4AL2APOBN463173 to ids Ie t 10:00 am on ' LO 'E-' ELES 10flPt016 @ E30 N. Ouay s.s]-025-02o 3"'WllminOton, CA. -L CATION COUNTY ARCNEIe.V1.11.1 DSE.VICE si$°oP-0atiais MOUNT LIEN SALE: 12-KIA ON COUNTY AELos Lios- 7JHA954 / CA OF Vin: KNAFU6A23C548e690 to be d t 10:00 a w -0i 87MMFENTS 10)612015@12.N6i 6Strathern GH COUNTY O LOS St., N. Hollywood, CA. 15461-1 FIRST KEYSTONE TOWING ° J"NN,L sJTmE°NClou° aT LIEN SALE: 12 NISS Y COUNTY OF LOS LICENSE' 7KOF296 .1 Go 015 M AND 1NMAMCB48080 E8 C LOCATION VEN SALE: 07 FORD IF LOS ANGELES LICENSE SF3472 1FTRX12W271L862012 -5-5-00-13 TO BE SOLD AT 7:30 P0M ON WNCISO10NBI2016 AT 1i17f STA00 COUTYrwOFTRUOS ST., VAN M UYS, CA. 91406 VN6$do me A.Cxn'a VWouxo SERVICE AM DQ- -0" L LIEN SALE: 04-HOND CN]IT OF Los Lkanse: 7GOAe31I CA AI LM -0n -003N7 Vin: JHMCM5634t.11253 to be W t 10:00art )F LO ANGELES 1011 312 01 6 a 12666 Susan. AIN 354-07.1.7 wn at, M. Hollywood, CA. EOBARD COWIMAN LM Toanxo 3-sm IMC. x EVENJC70CA3 LIEN SALE: 11-MERZ p "N oEN" oT Lkems B.X087I CA ,2 COUNTY a to be YVOW -015010:90 am4'6 Al. 1n e]11N-0E -0 4 1011312016 1 22400 Th. ARMY LOCATION Old Rd., Newhall, CA. )FL OS ANGELES RCE TOyfING AIL "67"N" LIEN SALE: 11-HUINA TION COUNTY Lkanse' NONEIUNK ELES S50.765.GO Vin: LLATCB10BB010O253 N !H-2.1. to be sold at 19:09 aryl 0 )FE LOB LOCATANGEION 1011312016 0 7121 Burnet Ave Van Nuys, CA N 54 2RENLOCATION M is L08 LO ETANGELES N 5487035011 B )F °NLOS LANGELES AIN 5thN472-011.0 Mental iSi-1Oi µOB Health E N LOS Loµ BLEB Clinic STAY= F/T Position ,TRUST LO,«Is Cooking, `OCleaning, ER'DDIT37OF Shopping, L4.do5475.2-048 Vehicle EW Y LOCATION )F Los -ELSE Washing. .-T. "O""N Monday -Friday 21 LOS ANGELES 8:00 AM - .NLD AwcRimiu 4:00 PM SCOIINTY OF L09 Hao -02001 Background CATION ]f" LO ANGELES Check N s4Bomama 323-318-2520 SNENAN LOCJTNON ]F 09 LOCATION DFECT LOS I GUES I shadEsCAPE. ro'Ii VACUUM COUNTY°` °` CLEANER AIN 12 1111 FLANGELES Ltl Th_ Water Filtration 1317-0,Bm, Canister Style ;LCO1NiY lis°Loa Brand New, Still in Box, Never Used Great for ° Carpets 8 Furniture. OF ° L . LOCATION Originally $250. Will sell AIN 63LOmi05O for $75 Call after 5 p m. OF L06 ANGELES 323-254.8798 NN eu 40GS OVERHAULINGOF THE TRUCK AXLE SCALES IN .0, The preparation are! submittal of THE LOAD OUT TUNNEL AT THE DOWNIE AREA RECYCLING TRANSFER Attimeofbkl COMxbrahallpaseea-,he Calibmia STATION FACILITY - REBID C rd..ora L -as the fokwing dasai6catbn. B. NOW, 4 hereby given Mal .eeled bids WII be received Bidden on 064 work WE be required to -ply with the by the Pwch,.,n Agent or Purth,,,n Agents designee of President's EA cAdN, We, No. 11248. County Sanaat,,, p,Md No. 2 of Loa ",We We County, al the OMCs of the Chief Engineer of the D.T.. 1955 Workman MN PureWrd to applicable provimm of the Labor Code of Read. Vvhrnier. California 80601, up to the hour of 11:00 A.M., the State of Calibmia, not Mas Man the gerenl prevail,W rate on Thureday, October B, 20/5 for Overhauling .1106 Truck Axb of par diem wages ant YIM leu than the gene./ prey h, Soaks In the Load Out Tunnel at the Downey Arca Recycling rate of per e'em wages Wr .gal holiday antl ... firror work Transfer Staten Fe.ilq - RE -BID fur each ..it Or type of workman needed to execute the were wntemp.ted Under this agreement, as mosrtzined by the All work Net be pedor.ed in a.,d,,., with Det ' proctor of the Department of Industrial F.WSOu, be Palo to SpacificatsPw dated MY 2015 and the Standard soecificatien. all workers employed on the wont by Cha Contractor or by any ler Public L1/dha Cana uctien. 2012 Ftlition. Ompkte cash suo-SlAOr doing or co cO,,D to do any part of the work. the D0,10 Amendment dated 2012, which ire on iH in the Omce of the Chief Engineer fthe D Orin. 1955 Workman ME ACOpyNtha liNn,.IIhe geMrelprevailirU wageratesmay Read, Afthi Calibmia 90001, to whkh documents bidder, be olot-d Isom the State of Calilomla Dep,ri-t of Ind.stdal are referred. Relations Div- of Labor Statistics and Research, Prevailing Wage Unit, P O. Box 420603, San Francisco. Calibmia, 94142- A mandatory job walk i, wh.duled for Thursday, AUC.I. 0603, or by, visaing Meir website at www dlY.C, gov. 20. 2015 st 8 G a.m at the Dowroy Area Recycling Transfer Facilby located at 9770 WaaNhen Road, Downe, CA W241. Tiffsi, a RUD. works XRJ subject re the prevailing wage requuemmfs of ere Cekk m, Labor Code. DMsion 2, Pad 7, Each bid must be on an Invnatkn to Bid lone 10 be Chapter 1, NO c -.AN .... ubcon...... yb.ASS,o bW obtained at IM Omce of the Di.tnct at the ab,Y,.,tted address poposel Or awarded a contract Or s D'OGSIa no, the project and ,at be accompanied by a codified cashier', check, Uzdess d is registered wlM the Department 011ndusMalRetdons csdifNate of deposit or approved corporate aUrety bond hom an and pays Me required $300 reg lY h.G fee pursuant to Labor mhuded surety insurer, payable to -County Sanitetlon DNrkt Code Section 17255. This project Is subject W c Fhem, N0. 2 o1 Loa Ange4s COUnty.' WN an amount equal to at least ten MINIMS NW enfcmemenl by IM Department of IndUSW.1 parte. (10%) of the amount of bid as guaranty that the bidder, RN.U. x. if sOCneuNl, will enter into a .opted satiNadory to the Board of predors for the do , of the work contemplates. SMukl the For furMerinfi-stion regarding the Specificati,n III , bon 7ea.Nl bWder til to enter into a contract Nd W N,I,h cal c,M,,t N -ft Nowell at (562) 8223503. Any irxuiries in the NII sum of the bid depoaa or bontl will be paid to or reference to the invitatlon to Bk iahold be directed to Ms. netihed by Me De rkt as squidaled damages. Beth Tan at (562) 908.4288, extension 1402. Invitation to Bid bnm, Spa 1h,,tlon, and .... ]hold, By order of the Purchasing AgOM Of County Sand.tlon to - petriN No. 2 of Los Angeb, County. ant MIT, � Drawings may be obtained, at ins above stated add.... Copies Nth. Standard Specification. kr Public Works Constructkn may be purOmeea hom a prokwional book,tore. NOTICE INVITING trifXUb BIOS 0 SLURRY SEAL PROJECT FY 2015 Sots PROJECT B1 150]44.10 41 ,. PUBLIC NOTICE IS HERBS' EVEN that 'he Cm"' .."'0". a. AGIE,NCdYF.rma.. sato bee ror V..... 1. d.na.11 r.wna M m ON, eI.a. or me nom u. a teas ~ B.Y.r^ oamwrri H . BIaMrre �iaI. M m mpuPOP40ouwbml AN, (I o.B.1 c.ew Bid FO_.an Yt er C4h. Bm ,.al.e Mary oPe,.enm. coy count, cell'. pr0P bldd em51.H I. I lid, YIII .1 e....Pim To'compy w.n sa aS �Ngmm�p Janus. L 2015 tN rolwwe .pp.a: 1N. A= a (H.-hed en ,>„ M alarm IM2pt5 - MDa 'T MIneu.PMR.Ialcn.(GRIWnPh,..I 70551 Iwo_Omre reauremmNaro-=I;.H a .ILMIComawmntn Is)] 2 u mw un.M r.paNrsO cam M pfi q .wre.e on Or ,Bar AsO 1. 2015. 3 h. oiA a s aul,Hq m mmPu.nc. rmO4om0.na mroramml Or ter mato m.° sY HEARING CITY OF MONTEREPUBLIC L0 fNny COMMI.Nen bebtlw Trwt Mar an4 n.nn.a C.- ­Ne. .Y.Ne b? r - Ha o a n.uona'or he see a m. ..o. b hhhs: MGM,11. oY"h aas oP ac .r. a butte aha 1304. D.M.nOu;mMnw.]�Iirew.y. Ocrobr e. 201, .1630 om M C., HMI cFake el Inas, or mAN.Q orm on �b"Ik,"<;mMIrt- NOTICE OF PLBLIC NEARING T. CITY OF MIMN TEBE LO PlIsele Ceew4Nen Oiv.laPm.nt (1, 0 i, 161.131 and PiannN DmAh Olen-Cn%.man. na..ubm,n.a apgr<. L. Pr. Mm. -wok ns Omr, and a Iwnee mwbpmenl. mM.IY ]7 bM ,IA zone n:oean. pi. No lro:now w.t;blo ..°. xiowae a..1 is p.he nn.0 Dewlo hot for he e �rOMbn of Ipgobmebo 3. NA, Il =.,.,d 1-1 v'oru Olym B °. car n bMted Mals 25 DNa antl m z n TwImY, _o h, 1. 2015 .I . N Pm. M C'A, H. Council CNrson LO Nmon..11o <Om M.M.w FN. .t ]2]Set 120o Or m.a.G cnr NOTICE OF IGBLIC NBARINO CITY OF MONTEBELLO P4nnln C -1111e1 Condite .Par"""UP"") 061 :Is r 5 .Fo V OB"L.Ir"lo is Acwaa tO the pm orad on S1nM an all N.n p,mne ane beeline ml� il:"irn.l a.w Nw TIP m1Mm,n.d l Dl a .PirOl, TNue•Ia.rLOq=" 20ir5.1 S30 A r, . l Ch, sae Ht I . Council Cpm.n Mer,se Fp. M ]23$8]12M or mNa.G <.vWmon.Nllo tom CITY OF VERNON CITY COUNCIL MEETING S EFTEMSER 15, 2015 O.OINANCE NO, 1]]t SUMMARY IOran1.. to U.S. Taw, Inc., • INPOIL...winp e.rvlc.. yn.mantl NO 128031E J°,VNOPY ILABLEFN THE OFFICE OF FULL TEXT TIE ADOPTEDCLER°NLLD 0 4 TA FE AVENUE. -NON. CALIFORNIA. Ch hpemmr 15.2015, w Ch Ceunca ! ih. CAR—- 1. AR W - IOdM.doplee Ow�,mm. 1311 /OTIC./ m U S. pr, Ica, a rnndrx Ms. E ArMa, CA, CI Mk m m. Coy p Widen. m h..by oMy mat aa: CA,, It. a` u:ena 11-hru"nets a...-be,red t AT sols, .A .. .a. C. -Hi IN ma imowne w1. IYE9 CWnGLMEMeEs ,ck, Das+, M-1. NOES COUNGLMEMSERS Non. ABSTAIN COUNCIIMEMBEB MOO. ABSENT. COUNOLMEMBERP weo­ Dabs Ses emmr IT 2015 • SUP Mena E Ave.. CO, G.. FOR INFORMATION ABOUT ADVERTISING] pNAIL ADVERTISE @EGPNE 'S.COM GM CALL 323 3417970. GRACE ROBINSON HYDE purchasing Agent Cm DIF VII&ON NOTICE OF PUBLIC HEARING rauCry Co "art ohne GB'orvarnpn wkl coneuMa PUNIC He e. ran FLM[n Or, l Cil, Court Ch..... tics HalSen. F. -Y... .­ CAIwo TISIC.P a.00n .Crean. ae m S Na. Ns. bid 'awederr NeY.m P Isnw can .Nd) APPLICANT: NlImer EMM Les Ansel... LLC REaUEST =Esft LoAAnp I, LLC I hN IAho v 307,300kr, Th ry e1-1 PMa M rv°01n°n;°h-1. 11 PROPERTY INVOLYEO: II00 F....a Amu.. v.non. CA SMI. alwocawn. mAM,.ne .aPPanme .rpmMbn .re THE NILE. ,P"w°•",i.,°a .1bus:m s:ma:" DM.PI-m.Nut..w m1eduno1u4rs3Bl S.Isa aFmton'S'tSVpmm<., CA 06LO8NT MOM ED INS p.n. m .Tmmmend IM ma Wrnon Op Counnl C.FINDING: d"pIl.M rolect walano' ka°.e a sWn4canlPamm on"Ina ONRY Am Iw)1 a Erne use h to .nwmnm.nt. w.. h..., Fish, n IY.n.re a CE. m.cm mv. m. m..m. '°° m"w delare.ab W1esaa.o Tt' S nd pace wrmeea"fi�t lunna <uTTM ea Aya ae CM CNh TO ADOPT A MIT10T4ITEO�fWMTTEIVE DECLARATION (a�cP I cert. Fm ni Oanry of L.AAI... mol Pudc VNrb. W..ra OOE'I"" , 4305Sano"Fe ewnue syks'li"Fam PalAlekwam.ntm mP*a.1ON.e N.e.pw Ow.r ton &CNN TNI: N.nN Ee G Lm alncU-1- R N1.0 Ale.wm Props LecaOoen 3300-1.nd-.L. Vemm. LA - left. .-Hp.- OS$let..-Hp.- N.net Eanb Los sn les. Lc he..ubmmee w a The Nab 1. _lde-hrm is Is m. hl' Tn n.umne g olsa,tlesn�ctlP^T NAlec vnil N pn dad ie<Is NMeINd ;,a.nenraemF elfin: _I Ndlo. dN.a ro me DA. rew,nmaas ror .rem . :a am. oien� can new P. anion I. pr,Yrr m. m I' mfr. m m. c«. n Pag.i ca ,-d., mM .re 1, ID .d b r rh. .vhgeAt in tluI N n c d mase of the FON Tha re.pbnp b= pra.e- x.A m manufacture .drama II— A I (annimp cup. mfr mune Nommen, .alae cWY-fi.. e ) o ui :rid. Uhe Bid Pan Th h i.Ihe tl As'on.a.. h a hr . SET m w sane m nm me NO" prior m...D.1i'.. lhs ...tome. bmreap m. u... Tn. <ilq Nn son 24n Nm Aw ,.nim car d.y DON- nV i AN, I..: er M.., P"Esers Nu24o20�nn ane m. name clams wn.c PFtpe oa runs Drw1m of Puab WOMs�-1.18 Cewbpnent E. -As 6305 San. Fe"wnue� W mon, CA .- E-1 '313, 5a SO—DPwlon o, Pu N< Works W_,, GA opnen,e 5 CITY OF V SEN EMBER COUNCIL MUMMO ORDINANCE NO. 1333 SUMMARY (On1eNB to M.P. Automotive 8 T..llr•P.r ahaRahW ew,n .env,<.e agree n 1 ED CO ED CE NOE23]I&AVNUBLEF'NTHEfOFFICEOFTHE CTYTCLE ILOUTED AT 4306&AMA FE AVENUE 11111. CALIFORMA cammew 15, 2015. me car S% rdpam.CmmV.On. Yid Iia OrdmOa o t23]e.nbloHP AA.- -L TOY. Inc.. Zh a h.mn:,x sery sNea apxmem auh`appn.eE arna amp..,r mlae On Counn u. Cm loN1 WrwO�etsa rM,unr mewne held On SapemM IP 2015 • e RIES e0l1NGLMEMBERSNO MI,OY,h CSA ..ed Matin.. NOES COVNCIWEMBES. Y.r. ABSTNN COANCILMEMPERS: None ABSENT CMNULMEMBERS YhOO -Perez D-SaM'-IT 3015 SOF.-E Ara., cih Oah