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HomeMy WebLinkAbout08/29/1994 BAKERSFIELD Kevin McDermott, Chair Patri¢ia $. DeMond Randy Rowles Staff: Gail E. Waiters AGENDA BUDGET AND FINANCE COMMITTEE Monday, August 29, 1994 12:15 p.m. City Manager's Conference Room Second Floor - City Hall 1501 Truxtun Avenue Bakersfield, CA 1. ROLL CALL 2. APPROVAL OF APRIL 11 AND APRIL 25, 1994 MINUTES 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS A. TOW TRUCKS - Stinson 6. NEW BUSINESS A. KERN TRANSPORTATION FOUNDATION FUNDING REQUEST B. FEES FOR PRIVATE ALARM SYSTEMS C. CITY COUNCIL TRAVEL & EXPENSES 7. ADJOURNMENT GEW:jp FILE COPY BAKERSFIELD Ala('yTandy, City~l~ag~r i Kevin McDermott, Chair Staff: Gail E. Waiters I Patdcia J. DeMond Randy Rowles AGENDA SUMMARY REPORT BUDGET AND FINANCE COMMITTEE Monday, Apdl 11, 1994 12:15 p.m. City Manager's Conference Room 1. ROLL CALL Call to Order 12:30 p.m. Present: Vice Mayor Kevin McDermott, Chair; Councilmembers Patdcia J. DeMond; and Randy Rowles 2. APPROVAL OF MARCH 28, 1994 MINUTES Approved as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None 5. DEFERRED BUSINESS None 6. NEW BUSINESS AGENDA SUMMARY REPORT BUDGET AND FINANCE COMMITTEE April 11, 1994 Page - 2 - A. and B. 1994/95 REVENUE PROJECTIONS; CASH BASIS AND SELF- INSURANCE RESERVES The Finance Director presented the Committee with a status report as to .~. anticipated funds projected for the 1994/95 budget year. Charts were distributed · noting to-date information on the City's General Fund by source of revenue and 1992/93 and 1993/94 General Fund sources and uses. In addition, information was provided on the need for a cash basis reserve and self-insurance reserve, and the importance of building a stronger reserve balance to allow for unanticipated emergencies in both of these areas. Staff suggested no action be taken on this item at this time; however, efforts will be made to strengthen reserve levels through the budgeting process where possible. C. SURPLUS SUPPLIES AND EQUIPMENT ORDINANCE The City's current ordinance requires that anything over $400 per unit per item must go before public auction. Staff asked that the Committee support raising the limit from $400 to $1,000 to allow for more effective and efficient disposal of equipment and supplies. Staff cited a situation wherein the City sold a piece of equipment at an auction for about $7,000, only for it to be eventually resold at a price exceeding $20,000. It is staff's opinion that the City could get a better return on surplus equipment if a broker were utilized to assist in finding the appropriate clients and the best price. Brokers have additional avenues that extend internationally, a resource that could benefit the City well. The Committee recommends the ordinance return to the Council for second reading and to include a statement that staff will provide the Council with a biannual report of the equipment that has been sold and any pertinent information regarding that sale. The biannual report does not need to be agendized for Council consideration, but can be transmitted to Council within their Friday mail packet. D. HEALTH CARE CONSULTANT SERVICES AGREEMENT Staff presented an historical perspective and overview of the services provided through a health care consultant. The current service agreement is up for renewal and the Committee wanted to determine whether the City should continue consultant services or handle the services in-house. The proposed work plan and agreement for consultant services was submitted at a cost of $93,900. The Committee suggested amending the agreement as follows: eliminate marketing the HMO plan; eliminate the actuarial valuation for the retiree health plan; and AGENDA SUMMARY REPORT BUDGET AND FINANCE COMMITTEE Apdl 11, 1994 Page - 3 - reduce the plan management provision. The Committee is recommending that the Council approve the amended agreement with Godwins, Booke and Dickenson for a cost of $43,900, and has recommended that staff investigate the feasibility of providing the remaining services in-house. 7. ADJOURNMENT The meeting was adjourned at 2:00 p.m. Others in attendance: City staff: Alan Tandy, City Manager; Judy Skousen, Acting City Attorney; Gaii Waiters, Assistant City Manager; John W. Stinson, Assistant City Manager; Gregory Klimko, Finance Director; Joe Lozano, Public Works Equipment Superintendent; and Darlene Wisham, Purchasing Officer. cc: Honorable Mayor and City Council GE'W:jp BAKERSFIELD Alan '¢'~¢jy,~, ~aitM'era~sager/ Kevin McDermott, Chair Staff: (_~'aii E. ~A Patricia J. DeMond Randy Rowles GENDA SUMMARY REPORT BUDGET AND FINANCE COMMITTEE Monday, April 25, 1994 12:15 p.m. City Manager's Conference Room 1. ROLL CALL Call to Order 12:30 p.m. Present: Vice Mayor Kevin McDermott, Chair; Councilmembers Patdcia J. DeMond; and Randy Rowles 2. PUBLIC STATEMENTS Irma Carson, Ebony Counseling Center; Jonathan Webster, A. Phillip Randolph Community Development Corporation; Ned Gelfillan, Elder Ufe; Jim Gardner, Impact Community Youth Center; Les Holcomb, Kern Medical Center, Adult Day Health Center. 3. NEW BUSINESS A. Reprogramming of 1991-92 Community Development Block Grant (CDBG) Funding - Wager Staff is proposing a $102,000 amendment to the 1991-92 CDBG programs which has resulted from project savings. The funds will be used for additional curb and gutter projects and to fund the Small Business Development Center Program. Staff would like to reallocate $16,000 to the Small Business Development Center Program to provide a stimulus for prospective business owners in the southeast, AGENDA SUMMARY REPORT BUDGET AND FINANCE COMMITTEE Monday, April 25, 1994 Page -2- and to reduce unemployment. The Chair suggested lumping this agenda item with Item B and looking at the funding available as a whole. B. Community Development Block Grant (CDBG) Application and Submission for 1994-95 to HUD - Wager The Chair went through the recommended CDBG fur,ding awards proposed by staff and .asked the Committee for input. The Committee recommended the following changes: 1. Fund Crippled Children and Adults at $40,000 2. Fund the Community-oriented Policing Program at $167,000 3. Fund the Community Youth Center at $20,000 4. Fund the.Eider Life Program at $75,000 5. Delete funding of 515 Truxtun renovations ($25,000) No additional changes were made to 1994/95 funding requests. Staff's recommendation to fund the Small Business Development Center Program was not approved by the Committee. The $16,000 of 1991/92 re-programmed monies was rolled into the available funding for 1994/95 programs. 4. ADJOURNMENT The meeting was adjourned at 2:05 p.m. cc: Honorable Mayor and City Council GEVV:jp PD 64-2759 MEMORANDUM MAY 10, 1994 TO JOHN STINSON, ASSISTANT CITY MANAGER C. A. BLACKBURN, LIEUTENANT, TRAFFIC COMMANDER FROM SUBJECT PROPOSED TOW TRUCK CONTRACTS AND RESOLUTIONS Per the city council committee's direction, I forwarded a copy of the resolution pertaining to tow trucks and the proposed contracts for light, medium and heavy duty towing to the following interested parties: Automobile Club of Southern California Bakersfield Chamber of Commerce Local Chapter California Tow Truck Association B&J Towing, H&S Towing, Action Towing, Jim's Towing, Civic Center Towing, and Barnett Towing. In the correspondence I requested any comment regarding either the contract or resolution be forwarded to my office in writing by Friday, April 22, 1994, so that I may forward those comments to the city council. The only reply I received was from B&J Towing and the owner's concern was that they not be required to respond to their business after hours to release impounded vehicles. See attached letter from B&J Towing. Also, in the proposed resolution on page 15, item number 3, "limit on contracts," it states that the city shall contract with no more than six towing services for light and medium duty towing and no more than three towing services for heavy duty towing. It is recommended that the maximum number for heavy duty towing be reduced to two tow services. Since the resolution was proposed I have researched the number of heavy duty tows and found that there is only an average of one tow per month for heavy duty towing. Because we are required to inspect the tow company and their vehicles annually, it is recommended that the number be reduced to two heavy duty tows to reduce the number of business and equipment inspections annually. Respectfully Submitted, Traffic Commander CAB/ik Attachment RECEIVE traffic\stinson, tow ;trY MANAGER'S OFFtCEj CITY OF BAKERSFIELD CALIFORNIA S.E. BRUMMER POLICE DEPARTMENT (805) 326-3800 CHIEF OF POLICE FAX (805) 326-3070 March 28, 1994 Local Chapter CaH¢ornia Tow Truck Association To Whom It May Concern: The purpose of this correspondence is to solicit any comments from interested parties, regarding the deletion of'the City of Bakersfield's current Tow Truck Ordinance and establishment of a contract system to provide tow truck services within the City of Bakersfield. The City of Bakersfield Tow Truck Ordinance had been in effect for many years and because of advances in the industry had become obsolete. Because of this, the city staff proposed abolishment of the ordinance, and dealing with tow truck providers on a contract basis with a comprehensive set of rules and regulations governing the operation of tow trucks in the city. A proposed contract and resolution setting rates and equipment specifications for tow truck services provided was presented to the city council. They have requested comments from the tow truck industry, including the local chapter of the Tow Truck Association, all of the tow operators that are currently on the City of Bakersfield Tow Rotation I.imt, the Automobile Club of Southern California, and the Chamber of Commerce. Enclosed you will find a copy of the proposed contract, as well as the resolution setting rates and equipment specifications for your review. If you have any comment regarding either the contract or resolution, please forward a written response to my office by Friday, April 22, 1994, so that I may forward these to the city council. Thank you, in advance, for your input into this process. Sincerely, S. E. Brummer, Chief of Police By: C~nant Traffic Commander SEB / CAB / ik traffic\survey, tow Enclosure Copies: Automobile Club of Southern CaLifornia Bakersfield Ch~.r of Cr,~rce Local Chapter California Tow Truck Association B&J Towing, H&S Towing, Action Towing, Jim's Towing, Civic Center Towing, Barnett Towing 1601 TRUXTUN AVENUE - P.O. BOX 59 o BAKERSFIELD, CALIFORNIA 93302 B&J TOWING 740 Monticello Avenue 805.323.6683 Bakersfield, CA 93: 07 FAX.: 2:3.1607 30 March, 1994 BAKERSFIELD POLICE DEPARTMENT P.O. BOX 59 BAKERSFIELD, CA 93302 ATTN: C.A. BLACKBURN, LIEUTENANT TRAFFIC COMMANDER DEAR LT. BLACKBURN: I HAVE RECEIVED' AND REVIEWED THE NEW TOW TRUCK CONTRACT AND I AM WRITING THIS LETTER TO ADDRESS ONE AREA THAT HAS NOT BEEN ADDRESSED. POSSIBLY BECAUSE IN THE PAST IT HAS NOT BEEN THE PROBLEM THAT IT IS NOW BECOMING, AND THAT IS THE RELEASE OF VEHICLES AFTER HOURS AND HOLIDAYS. WITH THE INCREASE IN VIOLENT CRIME THAT WE ARE WITNESSING IN THIS DAY AND AGE IT IS BECOMING MORE AND MORE HAZARDOUS TO COME TO A CLOSED YARD AFTER HOURS TO RELEASE A VEHICLE. IN MY CASE, ONLY TWO PEOPLE HAVE ACCESS TO THE OFFICE AND ALARM SYSTEM, MYSELF AND MY SECRETARY. IF I AM NOT AVAILABLE I CAN NO LONGER, IN ALL GOOD CONSCIENCE, ASK MY SECRETARY, A LONE UNARMED FEMALE, TO COME TO THE YARD AFTER HOURS AND OPEN THE OFFICE TO DEAL WITH A VEHICLE OWNER WHO, THE MAJORITY OF THE TIME IS HOSTILE AND UPSET THAT HIS VEHICLE HAS BEEN IMPOUNDED AND IT .IS COSTING HIM MONEY TO GET IT OUT. ALL JUSTIFIED BY AN ALLOWANCE OF AN ADDITIO- NAL $25.00 GATE FEE. I CANNOT IMAGINE ANY AMOUNT OF MONEY THAT WOULD JUSTIFY PUTTING AN EMPLOYEES LIFE IN JEOPARDY. I THEREFORE, RESPECTFULLY REQUEST THAT IN THE INTEREST OF SAFETY THAT THE BAKERSFIELD POLICE DEPARTMENT FOLLOW THE LEAD OF THE CALIFORNIA HIGHWAY PATROL AND RELEASE VEHICLES DURING NORMAL OFFICE HOURS ONLY. SINCERELY, B & J TOWING ~JJR:JB RESOLUTION NO. A RESOLUTION SETTING RATES AND EQUIPMENT SPECIFICATIONS FOR TOW TRUCK SERVICES PROVIDED PURSUANT TO CONTRACT WITH THE CITY. WHEREAS~ the City of Bakersfield has contracted with a number of tow truck services to provide towing services to the City and to others at the request of the City; and WHEREAS, pursuant to these contracts, the tow truck services may charge no more than the rates set by resolution of the City CoUncil; and WNRREAS, the equipment used in providing services pursuant to these contracts shall meet the specifications set forth by resolution of the City Council; and W~, the Council.wishes to set the rates and equipment specifications for tow truck services contracting with the City. NOW, TW~REFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. Rates to be charged for tow truck services by any business providing tow services to the City pursuant to contract between the City and the business shall be set forth as follows: A. LIGHT DUTYTOW SERVICES Ail light-duty towing within a five-mile radius .... $50.00 All light-duty towing using a car carrier ....... $75.00 Each mile beyond five miles (refer to Bakersfield City radius map) ........ $ 3.50 Standby time for each 15 minutes after the first 15 minutes ............... $ 6.50 Inside storage per day ................. $11.00 Outside storage per day ............... $ 8.00 Service call charge .................. $25.00 Winching per hour .................... $25.00 Setting overturned vehicle on wheels .......... $25.00 Use of dollies ..................... $25.00 B. MEDIUM DUTY TOW SERVICES Ail medium-duty towing within a five-mile radius · . $70.00 All medium-duty towing using a car carrier ...... $95.00 Each mile beyond five miles (refer to Bakersfield City radiUs map) ........ $ 5.00 Standby time for each 15 minutes after the first 15 minutes ................ $10.00 Inside storage per day . . ~ ............. $11.00 Outside storage per day ............... $ 8.00 Service call charge ................. $25.00 Winching per hour .................. $25.00 Setting overturned vehicle on wheels ......... $25.00 Use of dollies .... ................ $25.00 C. HEAVY DUTYTOW SERVIC~ All heavy duty towing within a five-mile radius per hour ....................... $100.00 Each mile beyond five miles (refer to Bakersfield City radius map) ......... $ 5.00 Standby time for each 15 minutes after the first 15 minutes . $ 10 00 Inside storage per day ................. $ 16.00 Outside storage per day ................ $ 11.00 Service call charge .................. $ 25.00 Winching per hour .................... $ 25.00 Setting overturned vehicle on wheels .......... $ 50.00 Vehicles stored twenty-four hours or less shall be charged no more than one day storage. Each day thereafter shall be calculated by calendar day. No inside storage rates shall be incurred unless inside storage is requested or required by the City or registered owner of the vehicle. Additionally, no car- carrier rates shall be charged unless a car carrier is requested or required by the City or registered owner of the vehicle towed. 2. LIGHT-DUTYTOWTRUCK CL_ASSIFICATION AND EQUIPMENT SPECIFICATIONS. ~ A. TOW TRUCK - MINIMUM OF TWO REQUIRED 1. EQUIPMENT SPECIFICATIONS - CAR CAR~!~w. ONE CAR a. 10,000 pounds GVWR chassis or greater b. 4 ton recovery equipment rating c. Hydraulic or mechanical winch(es) d. 100 ft. 3/8" 6x19 cable or Original Equipment Manufacturer's (OEM) specifications e. Tow chains, 5/16" alloy or OEM specifications, J/T hook assembly f. Safety chains, 5/16" alloy or OEM specifications g. Tow sling rating 3,000 lbs. h. Wheel lift safety straps or equivalent mechanical device 1. All required wheel safety straps, or equivalent wheel retention device, tie down straps, and safety chains shall be used as required during towing operations. i. Tow dolly j. One 3 ton snatch block k. Wheel lift rating -.retracted 3,000 lbs. 95" extension 3,000 lbs. 2. EQUIPMENT SPECIFICATION~ a. 10,000 pounds GVWR chassis or greater b. Hydraulic or mechanical winch c. 50 ft. 3/8" 6x19 cable or OEM specifications d. J/T hook loading bridle/chains e. Safety chains, 5/16" alloy or OEM specifications; two pairs of safety chains for the vehicle being transported. 1. All required tie down straps and safety chains shall be used as' required during towing operations. 3. EQUIPMENT SPECIFICATIONS - CAR CARRIER TWO CARS a. 16,001 - GVWR chassis or more 3 b. Hydraulic or mechanical winch c. 50 ft. 3/8" 6x19 cable or OEM specifications d. J/T hook loading bridle/chains e. Safety chains 5/16" alloy or OEM specifications; two pairs of safety chains for the vehicle being transported and two safety chains for the vehicle being towed. 1. All required tie down straps and safety chains shall be used as required during towing operations. B. AUXILIARY EQUIPMENT 1. For each type or classification of towing equipment (sling, wheel lift, or carrier) certain types of equipment are required and any other equipment as may be required by the chief of police or his designee at a later date. a. Required equipment 1. Towing sling - a J/T hook tow chain assembly, a 4"x4"x48" and a 4"x4"x60" wooden crossbeam, a pair of spacer blocks, a steering wheel clamp, a towing dolly, and safety chains. 2. Wheel lift - wheel safety straps or equivalent mechanical device, steering wheel clamp, towing dolly, and safety chains. 3. Car carrier - J/T hook loading bridle, a 4"x4"x48" and a 4"x4"x60" wooden crossbeam, a pair of spacer blocks, and two pairs of safety chains. 4. Extension - brake and tail lamps (drag lights) lights to be used at all times on towed vehicle. 5. Fire extinguisher - mounted 6. Broom 7. Shovel 8. Reflective triangles 9. Flares 10. Trash can(s) with absorbent 11. One 3 ton rated snatch block 12. Shop to truck radio (C/B excluded) b. Service and other equipment - (for service calls, each tow truck shall be equipped with the following service equipment): 1. Adequate emergency supply of fuel in an approved container 2. Booster battery or hot box starting .system 3. Hydraulic jack capable of handling passenger cars and light trucks 4. Metric and standard lug wrenches 5. Rubber mallet/hub cap tool 6. Lockout tools 7. Motorcycle straps 8. First aid kit 9. Sledge hammer 10. Bolt cutters 11. Crow bar 12. Tool kit - may include: a. Assorted open end wrenches; standard, 1/4" - 7/8" and Metric, 6-19 mm b. Assorted screwdrivers; Straight blade and Phillips c. Crescent wrench d. Ball peen hammer e. Pliers f. Battery and terminal cleaning tools g. Point file 5 h. Allen wrench for Delco distributors i. Mechanic's wire j. Plastic electrical tape/duct tape k. Tire valve core tool 1. Miscellaneous fuses m. Small pry bar n. Shop rags o. Flashlight p. Socket sets; 1/4" - 1" and 6-. 19mm q. Rachet and extensions C. GENERAL SPECIFICATIONS 1. Equipment Limitations a. All towing equipment, recovery equipment, and carrier ratings are based on structural factors only. Actual towing, carrying, and recovery capacity may be limited by the capacity of the chassis and the optional equipment selected. 2. Towing Limitations a. The criteria to determine the safe towing limits for a truck are: a. The total weight of the truck, including the lifted load, must fall within the Manufacturer's Gross Vehicle Weight Rating (GVWR) and not exceed either the Front or Rear Axle Weight Ratings ( FAWR, RAWR). b. The truck must meet all applicable State and/or Federal standards. c. For proper steering and braking, the front axle load must be at leaSt 50% of its normal unladen weight after the load is lifted. 3. Identification Labels a. Each piece of towing equipment shall have a label or identification tag permanently affixed to the equipment in 6 a prominent location to identify the manufacturer, serial number, model, and rated capacity. 4. Recovery Equipment Rating a. The basic performance rating of the recovery equipment is the weight the equipment can lift in a winching mode, when the boom is static at a 30 degree elevation with the load lines vertical and the lifting cables sharing the load equally measured with a live load (weight or load cell). 1. The structural design of the recovery equipment must have a higher load capacity than the performance rating(s). 2. Winches shall conform to or exceed the specifications set forth by the Society of Automotive Engineers (SAE) Handbook, SAE J706. 3. All ratings for cable and chain assemblies are for the undamaged assembly condition. All cable and chain assemblies should be the same type, construction, and rating as specified by the original equipment manufacturer (OEM) for the equipment. 5. Safety Chains a. Safety chains shall be rated at no less than the rating specified by the OEM. 6. Control/Safety Labels a. All controls shall be clearly marked to indicate proper operation as well as any special warnings or cautions. 3. M~IUM-DUTYTOWTRUCK CLASSIFICATION AND EQUIi:T~NT SPECIFICATIONS. A. TOW TRUCK 1. EQUIPMENT SPECIFICATIONS a. 19,501 pounds GVWR chassis or greater b. 14 ton recovery equipment rating c. Hydraulic or mechanical winch(es) 7 d. 150 ft. 7/16" 6x19 cable or Original Equipment Manufacturer's (OEM) specifications e. Tow chains, 1/12" alloy or OEM specifications f. Safety chains, 1/12" alloy or OEM specifications g. Tow sling rating 7,000 lbs. h. Two 8 ton snatch blocks i. Wheel lift safety straps or equivalent mechanical device 1. All required wheel safety straps, or equivalent wheel retention device, tie down straps, and safety chains shall be used as required during towing operations. j. Wheel lift or under lift rating - retracted 10,000 lbs. 85" extension 8,000 lbs.. 2. EQUIPMENT SPECIFICATIONS - CAR CARR__!E~ a. 19,501 pounds GVWR chassis or greater b. Hydraulic or mechanical winch c. 50 ft. 3/8" 6x19 cable or OEM specifications d. J/T hook loading bridle/chains e. Safety chains, 5/16" alloy or OEM specifications; two pairs of safety chains for each vehicle being transported and two safety chains for the vehicle being towed. 1. Ail required tie down straps and safety chains shall be used as required during towing operations. B. AUXILIARY EQUIPMENT 1. For each type or classification of towing equipment (sling, wheel lift, or carrier) certain types of equipment are required and any other equipment as may be required by the chief of police or his designee at a later date. a. Required equipment 1. Towing sling - a J/T hook tow chain assembly, a 4"x4"x48" and a 8 4"X4"x60" wooden crossbeam, a pair of spacer blocks, a steering wheel clamp, a towing dolly, and safety chains. 2. Wheel lift - wheel safety straps or equivalent mechanical device, steering wheel clamp, towing dolly, and safety chains. 3. Truck hitch - tow chain assembly, 4"x4"x60" and 6"x6"x60" wooden crossbeams (as necessary), aluminum tow angle(s), and safety chains. 4. Under lift - an assortment of lift forks/adapters, safety tie down chains, and safety chains. 5. Extension - brake and tail lamDs (drag lights) lights to be used at all times on towed vehicle. 6. Fire extinguisher - mounted 7. Broom 8. Shovel 9. Reflective triangles 10. Flares 11. Trash can(s) with absorbent 12. Two 8 ton rated snatch blocks 14. Air hoses and necessary fittings to provide air to the towed vehicle 15. Shop to truck radio (C/B excluded) b. Service and other equipment - (for service calls, each.tow truck shall be equipped with the following service equipment): 1. Adequate emergency supply of fuel in an approved container 2. Booster battery or hot box starting system 3. Hydraulic jack capable of handling passenger cars and light trucks 4. Metric and standard lug wrenches 5. Rubber mallet/hub cap tool 6. Lockout tools 7. Motorcycle straps 8. First aid kit 9. Sledge hammer 10. Bolt cutters 11. Crow bar 12. Tool kit - may include: a. Assorted open end wrenches; standard, 1/4" - 7/8" and Metric, 6-19mm 9 b. Assorted screwdrivers; Straight blade and Phillips c. Crescent wrench d. Ball peen hammer e. Pliers f. Battery and terminal cleaning tools g. Point file h. Allen wrench for Delco distributors i. Mechanic's wire j. Plastic electrical tape/duct tape k. Tire valve core tool 1. Miscellaneous fuses m. Small pry bar n. Shop rags o. Flashlight p. Socket sets; 1/4" - 1" and 6- 19mm q. Rachet and extensions C. GENERAL SPECIFICATIONS 1. .Equipment Limitations a. All towing equipment, recovery equipment, and carrier ratings are based on structural factors only. Actual towing, carrying, and recovery capacity may be limited by the capacity of the chassis and the optional equipment selected. 2. Towing Limitations a. The criteria to determine the safe towing limits for a truck are: 1. The total weight of the truck, including the lifted load, must fall within the Manufacturer's Gross Vehicle Weight Rating (GVWR) and not exceed either the Front or Rear Axle Weight Ratings ( FAWR, RAWR). 2. The truck must meet all applicable State and/or Federal standards. 3. For proper steering and braking, the front axle load must be at least 50% of its 10 normal unladen weight after the load is lifted. 3. Identification Labels a. Each piece of towing equipment shall have a label or identification tag permanently affixed to the equipment in a prominent location to identify the manufacturer, serial number, model, and rated capacity. 4. Recovery Equipment Rating a. The basic performance rating of the recovery.equipment is the weight the equipment can lift in a winching mode, when the boom is static at a 30 degree elevation with the load lines vertical and the lifting cables sharing the load equally measured with a live load (weight or load cell). 1. The structural design of the recovery equipment must have a higher load capacity than the performance rating(s). 2. Winches shall conform to or exceed the specifications set forth by the Society of Automotive Engineers (SAE) Handbook, SAE J706. 3. All ratings for cable and chain assemblies are for the undamaged assembly condition. All cable and chain assemblies should be the same type, construction, and rating as specified by the original equipment manufacturer (OEM) for the equipment. 5. Safety Chains a. Safety chains shall be rated at no less than the rating specified by the OEM. 6. Control/Safety Labels a. All controls shall be clearly marked to indicate proper operation as well as any special warnings or cautions. 11 4. HEAVY DUTYTOW TRUCK CLASSIFICATION AND EQUI1W~RNT SPECIFICATIONS. A. TOW TRUCK 1. EQUIPMENT SPECIFICATIONS a. 50,000 pounds GVWR chassis or greater b. Air brakes w/air hookup package c. 30 ton recovery equipment rating d. Hydraulic or mechanical winch(es) e. 250 ft. 3/4" 6x19 cable or Original Equipment Manufacturer's (OEM) specifications f. Tow chains, 5/8" alloy or OEM specifications "- g. Safety chains, 5/8" alloy or OEM specifications h. Tow sling rating 20,000 lbs. i. Two 12 ton snatch blocks j. Under lift rating-retracted 32,000 lbs. 100" extension** 16,000 lbs. * Measured from the center line of the rear axle of the towing vehicle to 10 inches behind the back face of the lifting bar. ** Measured from the center line of the rear axle to the center of the lift forks. B. AUXILIARY EQUIPMENT 1. For each type or classification of towing equipment, certain types of equipment are required and any other equipment as may be required by the chief of police or his designee. a. Required equipment 1. Towing sling - a tow chain assembly, a 4"x4"x60" and a 6"x6"x60" wooden crossbeam, a pair of spacer blocks, a steering wheel clamp, and safety chains. 2. Truck hitch - tow chain assembly, 4"x4"x60" and 6"x6"x60" wooden crossbeams (as necessary), aluminum tow angle(s), and safety chains. 12 3. Under reach - an assortment of lift forks/adapters, safety tie down chain(s), and safety chains. 4. Extension - brake and tail lamps (drag lights) lights to be used at all times on towed vehicle. 5. Fire extinguisher - mounted 6. Broom 7. Shovel 8. Reflective triangles 9. Flares 10. Trash can(s) with absorbent 11. Steering wheel clamp 12. Two 12 ton rated snatch blocks 13. Axle covers/caps 14. Air hoses and necessary fittings to provide air to the towed vehicle 15. Shop to truck radio (C/B excluded) b. Service and other equipment - (for service calls, each tow truck shall be equipped with the following service equipment): 1. Adequate emergency supply of fuel in an approved container 2. Booster battery or hot box starting system 3. Hydraulic jack capable of handling passenger cars and light trucks 4. Metric and standard lug wrenches 5. Rubber mallet/hub cap tool 6. Lockout tools 7. Motorcycle straps 8. First aid kit 9. Sledge hammer 10. Bolt cutters 11. Crow bar 12. Tool kit - may include: a. Assorted open end wrenches; standard, 1/4" - 7/8" and Metric, 6-19mm b. Assorted screwdrivers; Straight blade and Phillips c.' Crescent wrench d. Ball peen hammer e. Pliers f. Battery and terminal cleaning tools g. Point file h. Allen wrench for Delco distributors 13 i. Mechanic's wire j. Plastic electrical tape/duct tape k. Tire valve core tool 1. Miscellaneous fuses m. Small pry bar n. Shop rags o. Flashlight p. Socket sets; 1/4" - 1" and 6- 19mm q. Rachet and extensions C. GENERAL SPECIFICATIONS 1. Equipment Limitations a. All towing equipment, recovery equipment, and carrier ratings are based on structural factors only. Actual towing, carrying, and recovery capacity may be limited by the capacity of the chassis and the optional equipment selected. 2. Towing Limitations a. The criteria to determine the safe towing limits for a truck are: 1. The total weight of the truck, including the lifted load, must fall within the Manufacturer's Gross Vehicle Weight Rating (GVWR) and not exceed either the Front or Rear Axle Weight Ratings (FAWR, RAWR). 2. The truck must meet all applicable State and/or Federal standards. 3. For proper steering and braking, the front axle load must be at least 50% of its normal unladen weight after the load is lifted. 3. Identification Labels a. Each piece of towing equipment shall have a label or identification tag permanently affixed to the equipment in a prominent location to identify the manufacturer, serial number, model, and rated capacity. ~4. Recovery Equipment Rating a. The basic performance rating of the recovery equipment is the weight the equipment can lift in a winching mode, when the boom is static at a 30 degree elevation with the load lines vertical and the lifting cables sharing the load equally measured with a live load (weight or load cell). 1. The structural design of the recovery equipment must have a higher load capacity than the performance rating(s). 2. Winches shall conform to or exceed the specifications set forth by the Society of Automotive Engineers (SAE) Handbook, SAE J706. 3. All ratings for cable and chain assemblies are for the undamaged assembly condition. All cable and chain assemblies should be the same type, construction, and rating as specified by the original equipment manufacturer (OEM) for the equipment. 5. Safety Chains a. Safety chains shall be rated at no less than the rating specified by the OEM. 6. Control/Safety Labels a. All controls shall be clearly marked to indicate proper operation as well as any special warnings or cautions. 3. LIMIT'ON CONTRACTS. The City shall contract with no more than six (6) towing services each for light-duty and medium-duty towing services, and no more than three (3) towing services for heavy- duty towing services. o0o 15 I ~EREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on following vote: ., by the : CITY CLERK and Ex Officio Clerk of the CounCil of the City of Bakersfield APPROVED BOB PRICE MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTORNEY of the City of Bakersfield LCd:kkr resl\towtruk.ras 11\2\93 16 AGREEMENT NO. THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, referred to herein as "CITY" and referred to herein as "CONTRACTOR.,, ' RECITALS WHEREAS, CONTRACTOR represents that it is experienced and well qualified in the field of light-duty towing; and WHEREAS, CITY desires to employ CONTRACTOR to perform light-duty towing services in response to calls by the police department, as set forth herein. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. CONTRACTOR shall respond to calls by the Bakersfield Police Department when needed to perform light-duty towing services. The scope of work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the scope of work or not. 2. ~EFINITIONS. Whenever used in this agreement, unless a different meaning clearly appears from the context, the words set out in this section shall have the following meanings: A. "Light duty towing" means the towing of any vehicle or combination of vehicles in tandem, the gross vehicle rating of which is 10,000 pOunds or less. B. "Standby time" means the time in excess' of fifteen minutes that a tow truck operator is delayed from performing his or her duties at the location where the vehicle is to be loaded and removed, if the delay is due' to circumstances not contributed .by the negligence, misjudgment, incompetence or 1 carelessness of the tow truck operator. This time is not to be used to clean debris from the roadway. C. "Service call charge" means an extra charge allowed for opening the business to release vehicles or property on holidays or at any time other than regular business hours which are from 8:00 a.m. to 5:00 p.m., Monday through Friday. 3. COMPENSATION. CONTRACTOR shall be paid flor towing services by the owner of the vehicle towed. Rates to be charged shall be as follows: Ail light duty towing within a five-mile radius .... $50.00 Each mile beyond five miles (refer to Bakersfield City radius map) ........ $ 3.50 Standby time for each 15 minutes after the first 15 minutes ................... $ 6.50 Inside storage per day .................. .$11.00 Outside storage per day ................ $ 8.00 Service call charge ................... $25.00 Winching per hour .................... $25.00 Setting overturned vehicle on wheels .......... $25.00 Use of dollies ...................... $25.00 Vehicles stored twenty-four hours or less shall be charged no more than one day storage. Each day thereafter shall be calculated by calendar day. No inside storage charges shall be incurred unless inside storage is requested or required by B.P.D. or registered owner. The compensation set forth in this paragraph shall be the total compensation for the services provided by. contractor, including all out-of-pocket costs incurred. Neither CITY nor any vehicle owner shall pay any fee other than the compensation listed in this paragraph, and other than the lien fees specifically permitted pursuant to the California Vehicle Code, unless otherwise agreed to in writing by the CITY. 2 4. MINIMUM BUSINESS AND STORAGE LOT REQUIREMENTS. The business and storage facilities must be a reasonable distance from public transportation, as determined by the police chief or his designee. Storage facilities must have adequate storage space, at least fifty feet by one hundred feet or equivalent area, to accommodate thirty vehicles which shall include inside storage space to accommodate at least three vehicles for the purposes of impounding. Ail vehicles and contents must be kept safe from pilfering, and screened from view from any public street or alley. 5. RESPONSIBILITY FOR VEHICLES. CONTRACTOR shall keep all stored or impounded vehicles and/or contents free from damage, destruction, theft, vandalism and pilferage, and shall accept full responsibility for the safekeeping of the vehicles on its storage lots. CONTRACTOR is responsible for the reasonable care, custody and control of any property contained in towed or stored vehicle. 6. LIGHT DUTY TOW TRUCK CLASSIFICATIO.~, AND EQUIPMENT SPECIFICATION. A. TOW TRUCK - MINIMUM OF TWO REQUIRED 1. EOUIPMENT SPECIFICATIONS - CAR CARRIER ONE CAR a. 10,000 - GVWR chassis or more b. 4 ton recovery equipment rating c. Hydraulic or mechanical winch(es) d. 100 ft. 3/8" 6x19 cable or Original Equipment Manufacturer' s (OEM) specifications e. Tow chains, 5/16" alloy or OEM specifications, J/T hook assembly f · Safety chains, 5 / 16" alloy or OEM specifications g. Tow sling rating 3,000 lbs. h. Wheel lift safety straps or equivalent mechanical device 1. Ail required wheel safety straps, or equivalent wheel retention device, tie down straps, and safety chains shall be used as required during towing operations. i. Tow dolly J. One 3 ton snatch block k. Wheel lift rating - retracted 3,000 lbs. 95" extension 3,000 lbs. 2. EOUIPMENT SPECIFICATION-~ a. 10,000 - GVWR chassis Or more b. Hydraulic or mechanical winch c. 50 ft. 3/8" 6x19 cable or OEM specifications 3 d. J/T hook loading bridle/chains e. Safety chains, 5/16" alloy, or 0EM specifications; two pairs of safety chains for the vehicle being transported. 1. All required tie down straps and safety chains shall, be used as required during towing ope.rations. 3. EOUIPMENT SPECIFICATIONS - CAR CARRIE~ TWO CARS a. 16,001 - GVWR chassis or more b. Hydraulic or mechanical winch c. 50 ft. 3/8" 6x19 cable or OEM specifications d. J/T hook loading bridle/chains e. Safety chains 5/16" alloy or OEM specifications; two pairs of safety chains for the vehicle being transported and two safety chains for the vehicle being towed. 1. All required tie down straps and safety chains shall be used as required during towing operations. B. AUXILIARY EQUIPMENT 1. For each type or classification of towing equipment (sling, wheel lift, or carrier) certain types of equipment are required and any other equipment as may be required by the chief of police or his designee at a later date. a. Required equipment 1. Towing sling - a J/T hook 'tow chain assembly, a 4"x4"x48" and a 4"x4"x60" wooden crossbeam, a pair of spacer blocks, a steering wheel clamp, a towing dolly, and safety chains. 2. Wheel lift - wheel safety :straps or equivalent mechanical device, steering wheel cla~.p, towing dolly, and safety chains. 3. Car carrier - J/T hook loading bridle, a 4"x4"x48" and a 4"x4"x60" wooden crossbeam, a pair of spacer blocks, and two pairs of safety chains. 4. Extension - brake and tail lamps (drag lights) lights to be used at all times on towed vehicle.. 5. Fire extinguisher - mounted 4 6. Broom 7. Shovel 8. Reflective triangles 9. Flares 10. Trash can(s) with absorbent 11. One 3 ton rated snatch block 12. Shop to truck radio (C/B excluded) b. Service and other equipment - (for service calls, each tow truck shall be equipped with the following service equipment): 1. Adequate emergency supply of fuel in an approved container 2. Booster battery or hot box starting system 3. Hydraulic jack capable of handling passenger cars and light trucks 4. Metric and standard lug wrenches 5. Rubber mallet/hub cap tool 6. Lockout tools 7. Motorcycle straps 8. First aid kit 9. Sledge hammer 10. Bolt cutters 11. Crow bar 12. Tool kit - may include: a. Assorted open end wrenches; standard, 1/4" - 7/8" and Metric, 6-19 mm b. Assorted screwdrivers; Straight blade and Phillips c. Crescent wrench d. Ball peen hammer e. Pliers f. Battery and terminal cleaning tools g. Point file h. Allen wrench for Delco distributors i. Mechanic's wire J. Plastic electrical tape/duct tape k. Tire valve core tool 1. Miscellaneous fuses m. Small pry bar n. Shop rags o. Flashlight p. Socket sets; 1/4" - 1" and 6- 19mm q. Rachet and extensions C. GENERAL SPECIFICATIONS 1. Equipment Limitations a. All towing equipment, recovery equipment, and carrier ratings are based on structural factors only. Actual towing, carrying, and recovery capacity may be limited by the capacity of the chassis and the optional equipment selected. 2. Towing Limitations a. The criteria to determine the safe towing limits for a truck are: a. The total weight of the truck, including the lifted load, must fall within the Manufacturer's Gross Vehicle Weight ~Rating (GVWR) and not exceed either the Front or Rear Axle Weight Ratings (FAWR, RAWR). b. The truck must meet all applicable State and/or Federal standards. c. For proper steering and braking, the front axle load must be at least 50% of its normal unladen weight after the load is lifted° 3. Identification Labels a. Each piece of towing equipment shall have a label or identification tag permanently affixed to the equipment in a prominent location to identify the manufacturer, serial number, model, and rated capacity. 4. Recovery Equipment Rating a. The basic performance rating of the recovery equipment .is the weight the equipment can lift in a winching mode, when the boom is static at a .30 degree elevation with the load lines vertical and the lifting cables sharing the load equally measured with a live load (weight or load cell). 1. The structural design of the recovery equipment must have a higher load capacity than the performance rating(s). 2. Winches shall conform to or exceed the specifications set forth by the Society of Automotive Engineers (SAE) Handbook, SAE J706. 3. All ratings for cable and chain assemblies are for the undamaged 6 assembly condition. Ail cable and chain assemblies should be the same type, construction, and rating as specified by the original equipment manufacturer (OEM) for the equipment. 5. Safety Chains a. Safety chains shall be rated at no less than the rating specified by the OEM. 6. Control/Safety Labels a. All controls shall be clearly marked to indicate proper operation as well as any special warnings or cautions. 7. EQUIPMENT AND STORAGE FACILITIES. CONTRACTOR's equipment and storage facilities shall be subject to"periodic inspection, checks and/or audits by CITY representatives at any time during regular business hours. The CITY'shall provide for not less than one annual inspection of all tow trucks. The contractor shall be charged an annual fee for each tow vehicle as set by the City of Bakersfield. A tow truck shall not respond to a CITY call that has not been inspected and approved by the chief of police or his designee. 8. ROTATION OF DISPATC~F$. A. In the event that the owner of a vehicle to be towed pursuant to his chapter expresses no preference relative to the tow truck or towing service to be used, the police dispatcher shall rotate dispatches among the tow trucks or towing services currently cOntracting with the city on the basis established by the chief of police or his designee. B. However, the right to dispatch any tow truck, whether currently contracting with the CITY or not, shall be reserved to the chief of police or his designee where deemed necessary to accomplish the purposes of. this chapter. C. A call to CONTRACTOR shall constitute one turn on the list and CONTRACTOR shall be moved to the bottom of the list. This includes when CONTRACTOR fails to answer the phone, is unable to respond, or is cancelled due to excessive response time. D. If it is determined that CONTRACTOR is not needed and is cancelled by CITY, up to and including arrival at the scene, there shall be 7 no charges and CONTRACTOR shall be placed back on top of the list.. E. If CONTRACTOR is cancelled by the 'vehicle's owner or agent prior to CONTRACTOR taking possession of the vehicle, there shall be no charges. CONTRACTOR shall immediately contact CITY and advise them of the cancellation. CONTRACTOR will then be placed back on top of the list. F. If service has begun and is cancelled by the vehicle's owner or agent, charges owed shall be no more than one half of the regular towing charge for the actual time expended on the call. G. One contractor shall be called for one incident (i.e. accident). If CONTRACTOR cannot supply enough equipment, the next CONTRACTOR on the list will be called to supply the additional equipment. Clean up of accident scene will be the responsibility of the primary CONTRACTOR. 9. NOTIFICATION OF DELAY. CONTRACTOR shall respond to calls from CITY dispatcher within a reasonable time. CONTRACTOR shall inform the police dispatcher if, for any reason, the service will be delayed or if CONTRACTOR will not be able to respond to an assignment. If a CONTRACTOR cannot respond 'to the scene in 30 minutes or less, he shall notify the police dispatcher. 10. BACKUP SERVICE. If, in the judgment of the police dispatcher, the eligible tow truck or towing service will be delayed in responding to an assignment, the dispatcher may redirect the dispatch to the next eligible tow truck or towing service, according to the rotation schedule established by the chief of police or his designee. 11. ATTENDANT ON CALL AT A?.?. TIMES. CONTRACTOR shall have an attendant on call capable of responding to police requests for towing, as well as being present or available for the release of vehicles to the public, twenty-four hours a day, seven days a week. 12. IMPOUNDED VEHICnFS. A. Vehicles impounded by the police for special investigations shall be held in maximum 8 security until cleared by investigating officers. Contents of vehicles with a police "hold" shall not be~removed. B. All vehicles stored or impounded as a result of a tow assignment by the police department shall be made available to the owner of the vehicle or his representative, by any insurance agent, insurance adjuster, or any body shop or car dealer, for the purpose of estimating or appraising damages, except vehicles with a police "hold." C. Vehicles to be appraised shall be accessible to CITY. Employees of CONTRACTOR shall assist CITY, if requested. 13. REMOVING HAZARDS. CONTRACTOR shall cooperate with police officers in removing hazards and illegally parked vehicles as requested. CONTRACTOR shall abide by the decisions of police officers regarding when a vehicle should be impounded or moved. 14. SOLICITATION PROHIBITED. Neither CONTRACTOR, nor his agents or employees, shall solicit any tow job in the city at the scene of an accident without first having been called by the owner or operator of the disabled vehicle, or by the city police department. 15. ~AIVER OF DEFAULT. The failure of any party to enforce against another a. provisi0n of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 16. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession, including business tax certificates. 17. MERGER AND MODIFICATION. This contract sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This contract may be modified only in a writing approved by the City Council and signed by all the parties. 18. TERMINATION. This Agreement may be terminated by any party upon ten (10) days written notice to all other parties. 9 19. COMPLIANCE WITH ALL LAWS° CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement .all Municipal ordinances and State and Federal statutes, rules or regulations now in force or which may hereafter be in force. 20. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONTRACTOR as an independent contractor, and CONTRACTOR will not be considered an employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association With CONTRACTOR other than that of' an independent contractor. CONTRACTOR shall have no 'authority beyond that given in this Agreement to act on behalf of CITY as an agent nor to bind CITY to any obligation not expressly authorized herein. .21. INSURANCE. In addition to any other form of insurance or bond required under the terms of this Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits of insurance, otherwise referred to as "basic insurance requirements"; A. Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million ($1,000,000) per occurrence; and B. Broad form commercial general liability insurance, providing coverage on an occurrence basis for bodily injury, including .death, of one or more persons, property damage and personal injury, with limits of not less than one million ($1,000,000 per occurrence; and C. Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than one million ($1,000,000) per accident. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. This requirement may be waived at the CITY' sole discretion. 10 Ail policies required of the CONTRACTOR hereunder shall be primary insurance as respects the CITY, its mayor, ~council, officers, agents, employees and volunteers and any insurance or self-insurance maintained by the CITY, council its mayor, , officers, agents, employees and volunteers shall be excess of the CONTRACTOR'S insurance and shall not contribute with it. The automobile liability policies shall provide coverage for owned, non-owned and hired autos. The liability policies shall provide contractual liability coverage for the terms of this Agreement. The liability policies shall contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees, and volunteers. The workers' compensation policy shall contain a waiver of subrogation endorsement in favor of the CITY, its mayor, council, officers, agents, employees, and volunteers. All policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language.or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding anyrecovery on any policy. The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance evidencing the insurance required under this Agreement. The CITY may not refer calls to CONTRACTOR if certificates of insurance and endorsements required in this Agreement have not been provided. The CONTRACTOR shall be responsible for any deductibles or self-insured retentions under.all required insurance policies. Insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement of CONTRACTOR, must be declared to and approved in. writing by the CITY. 22. INDEMNITY. CONTRACTOR shall indemnify, defend and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or. any of them, for injury to or death of persons or damage to property arising out of, connected with, or caused by CONTRACTOR, CONTRACTOR'S employees, agents, subcontractors, or independent contractors or companies in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder. 11 23. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and therefore shall not be construed against any party. 24. NOTICES. All notices relative to this .Agreement shall be given in writing and shall be sent by certified or registered mail and be effective upon depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD CITY HALL 1501 Truxtun Avenue Bakersfield, California 93301 CONTRACTOR: · 25. FORUM. Any lawsuit pertaining to any matter arising under, or growing out of, this contract shall be instituted in Kern County, California. 26. ASSIGNMENT. This contract shall not be assigned by any party, or any party substituted, Without prior written consent of all the parties. 27. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors, and assigns° 28. RECORDS. CONTRACTOR shall maintain accurate records of the vehicles towed and the license number thereof; the date and time when towed and location from which towed; the name of the officer ordering the towing; whether the vehicle was impounded or towed at the owner's request;-and the final disposition of the vehicle. Such records and documentation shall be kept at CONTRACTOR's office during the period of this Agreement, and after the term of this Agreement for a period of three years from the date of the final payment under this Agreement, and shall.be made available to CITY representatives upon request at any time during regular business hours. 12 29. CORPORATE AUTHORITY. Each individual executing this Agreement represents and warrants that they are duly authorized to execute and deliver this Agreement on behalf of the corporation or organization named herein and that this Agreement is binding upon said corporation or organization in accordance with its terms. 30. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number . CONTRACTOR is a corporation?. Yes No 13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. "City" CITY OF BAKERSFIELD By: BOB PRICE, Mayor APPROVED AS TO CONTENT: BAKERSFIELD POLICE DEPARTMENT By: STEVE BRUMMER Chief of Police APPROVED AS TO FORM: LAWRENCE M. LUNARDINI City Attorney By: LAURA C. MARINO Assistant City.Attorney COUNTERSIGNED:. By: GREGORY J. KLIMKO Finance Director "CONTRACTOR" By: Title 14 AGREEMENT NO. THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, referred to herein as "CITY" and referred to herein as "CONTRACTOR.,, , RECITALS ~WHEREAS, CONTRACTOR represents that it is experienced and well qualified in the field of medium-duty towing; and WHEREAS, CITY desires to employ CONTRACTOR to perform medium-duty towing services in response to calls by the police department, as set forth herein. 'NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. CONTRACTOR shall respond to calls by the Bakersfiel~ Police Department when needed to perform medium- duty towing services. The scope of work shall include all items and procedures necessary to properly complete the task CONTRACTOR 'has been hired to perform, whether specifically included in the scope of work or not. . 2. DEFINITIONS. Whenever used in this agreement, unless a different meaning Clearly appears from the context, the Words set out in this section shall have the following meanings: A. "Medium duty towing" means the towing of any vehicle or combination of vehicles in tandem, the gross vehicle rating.of which is 10,001 pounds to 25,000 pounds. B. "Standby time" means the time in excess of fifteen minutes that a tow truck operator is delayed from performing his or her duties at the location where the vehicle is to be loaded and removed, if the delay is due to circumstances not contributed by the negligence, misjudgment, incompetence or 1 carelessness of the tow truck ope=ator. This time is not to be used to clean debris from the roadway. C. "Service call charge" means an extra charge allowed for opening the business to release vehicles or property on holidays or at any time other than regular business hours which are from 8:00 a.m. to 5:00 p.m., Monday through Friday. 3. COMPENSATION. CONTRACTOR shall be paid for towing services by the owner of the vehicle towed. Rates to be charged shall be as follows: Ail medium duty towing within a five-mile radius .~ . .=$70.00 Each mile beyond five miles (refer to Bakersfield City radius map) ........ $ 5.00 Standby time for each 15 minutes after the first 15 minutes ................. $10.00 Inside storage per day ............... · . $11.00 Outside storage per day ................ $ 8.00 Service call charge .................. $25.00 Winching per hour ................... $2§.00 Setting overturned vehicle on wheels .......... $25.00 Use of dollies ..................... $25.00 Vehicles stored twenty-four hours or less shall be charged no more than one day storage. Each day thereafter shall be calculated by calendar day. No inside storage charges shall be incurred unless inside storage is requested or required by B.P.D. or registered owner of vehicle. The compensation set forth in this paragraph shall be the total compensation for the services provided by CONTRACTOR, including all out-of-pocket costs incurred. Neither CITY nor any vehicle owner shall pay any fee other than the compensation listed in this paragraph, and other than the lien fees specifically permitted pursuant to the California Vehicle Code, unless otherwise agreed to in writing by the CITY. 4. MINIMUM BUSINESS AND STORAGE LOT REQUIREMENTS. The business and storage facilities must be a reasonable distance from public transportation, as determined by the chief of police or his designee. Storage facilities must have adequate storage space, at least fifty feet by one hundred feet or equivalent area, to accommodate thirty vehicles which shall include inside'storage space to accommodate at least three vehicles for the purposes of impounding. All vehicles and contents must be kept safe from pilfering, and screened from view from any public street or alley. 5. RESPONSIBILITY FOR VEHICLeS. CONTRACTOR shall keep all stored or impounded vehicles and/or contents free from damage, destruction, theft, vandalism and pilferage, and shall accept full responsibility for the safekeeping of the vehicles on its storage_~: lots. .CONTRACTOR is responsible for the reasonable case, custOdy and control'Of any property contained in towed or stored vehicle. 6. MEDIUM DUTY TOW TRUCK CLASSIFICATION AND EQUIPMENT SPECIFICATION A. TOW TRUCK 1. EOUIPMENT SPECIFICATIONS a. 19,501 - 33,000 pounds GVWR chassis b. 14 ton recovery equipment rating c. Hydraulic or mechanical winch(es) d. 150 ft. 7/16" 6x19 cable or Original Equipment Manufacturer's (OEM) specifications e. Tow chains, 1/12" alloy or OEM specifications f. Safety chains, 1/12" alloy or OEM specifications g. Tow sling rating 7,000 lbs. h. Two 8 ton snatch blocks i. Wheel lift safety straps or equivalent mechanical device 1. Ail required wheel safety straps, or equivalent wheel retention device, tie down straps, and safety chains shall be used as required during towing operations. J. Wheel lift or under lift rating - retracted 10,000 lbs. 85" extension 8,000 lbs. 2. EOUIPMENT SPECIFICATIONS - CAR CARRIE~ a. 19,501 pounds or more GVWR chassis b. Hydraulic or mechanical winch c. 50 ft. 3/8" 6x19 cable or OEM 3 specifications d. J/T hook loading bridle/chains e. Safety chains, 5/16" alloy or OEM specifications; two pairs of safety chains for each vehicle being transported and two safety chains for the vehicle being towed. 1. All required tie down straps and safety chains shall be used as required during towing operations. B. AUXILIARY EQUIPMENT 1. For each type or classification oi towing equipment (sling, wheel lift, or carrier) certain types of equipment are required and any other equipment as may be require~by the chief of police or his designe t a later date. a. Require~ equipment 1. Towing sling - a J/T hook tow chain assembly, a 4"x4"x48" and a 4"x4"x60".wooden crossbeam, a pair of spacer blocks, a steering wheel clamp, a towing dolly, and safety chains. 2. Wheel lift - wheel safety straps or equivalent mechanical device, steering wheel clamp, towing dolly, and safety chains. 3. Truck hitch - tow chain assembly, 4"x4"x60" and 6"x6"x60" wooden crossbeams (as necessary), aluminum tow angle(s), and safety chains. 4. Under lift - an assortment of lift forks/adapters, safety tie down chains, and safety chains. 5. Extension - brake and tail lamps (drag lights) lights to be used at all times on towed vehicle. 6. Fire extinguisher - mounted 7-. Broom 8. Shovel 9. ReflectiVe triangles 10. Flares 11. Trash can(s) with absorbent 12. Two 8 ton rated snatch blocks 14. Air. hoses and necessary fittings to provide air to the towed vehicle 15. Shop to truck radio (C/B excluded)' 4 b. Service and other equipment - (for service calls, each tow truck shall be equipped with the following service equipment): 1. Adequate emergency supply of fuel in an approved container 2. Booster battery or hot box.starting system 3. Hydraulic jack capable of handling passenger cars and light trucks 4. Metric and standard lug wrenches 5. Rubber mallet/hub cap tool 6. Lockout tools .7. Motorcycle straps 8. First aid kit 9. Sledge hammer 10. Bolt cutters 11. Crow bar 12. Tooi kit - may include: a. Assorted open end wrenches; standard, 1/4" - 7/8" and Metric, 6-19mm b. Assorted screwdrivers; Straight blade and Phillips c. Crescent wrench d. Ball peen hammer e. Pliers f. Battery and terminal cleaning tools g. Point file h. Allen wrench for Delco distributors i. Mechanic's wire J. Plastic electrical tape/duct tape k. Tire valve core tool 1. Miscellaneous fuses m. Small pry bar n. Shop rags o. Flashlight P. Socket sets; 1/4" - 1" and 6- 19mm q. Rachet and extensions C. GENERAL SPECIFICATIONS 1. Equipment Limitations a. Ail towing equipment, recovery equipment, and carrier ratings are based on structural factors only. Actual towing, carrying, and recovery capacity may be limited by the capacity of the chassis 5 and the optional equipment selected. ~ 2. Towing Limitations a. The criteria to determine the safe towing - limits for a truck are: ~ a. The total weight of the truck, including the lifted load, must fall within the Manufacturer's Gross Vehicle Weight Rating (GVWR) and not exceed either the Front or Rear Axle Weight Ratings (FAWR, RAWR). b. The truck must meet 'all applicable State and/or Federal standards. c. For proper steering and braking, the front axle load must be at least 50% .... Of'its normal unladen weight after the load is lifted. 3. Identification Labels a. Each piece of towing equipment shall have a label or identification tag permanently affixed to the equipment in a prominent location to identify the manufacturer, serial number, model, and rated capacity. 4. Recovery Equipment Rating a. The basic performance rating of the recovery equipment, is the weight the equipment can lift in a winching mode, when the boom is static at a 30 degree elevation with the load lines vertical and the lifting cables sharing the load equally measured with a live load (weight or load cell). 1. The structural design of the recovery equipment must have a higher load capacity than the performance rating(s). 2. Winches shall conform to or exceed the specifications set forth by the Society of Automotive Engineers (SAE) Handbook, SAE J706. 3.. Ail ratings for cable and chain assemblies are for the undamaged assembly condition. Ail cable and chain assemblies should be the same type, construction, and rating' as specified by the original equipment manufacturer (OEM) for the equipment. 5. Safety Chains a. Safety chains shall be rated at no less than the rating specified by the OEM. 6. Control~Safety Labels a. All controls shall be clearly marked to indicate proper operation as well as any special warnings or cautions. 7. EOUIPMENT AND STORAGE FACILITIES. CONTRACTOR's equipment and storage facilities shall be subject to periodic inspection, checks and/or audits by CITY representatives at any time during regular business hours. The CITY shall provide for not less than one annual inspection of all tow trucks. The contractor shall be charged an annual fee for each tow vehicle as set by the City of Bakersfield. A tow truck shall not respond to a CITY call that has not.been inspected and approved by the chief of poli~e or his designee. 8. ROTATION OF DISPATCHES. A. In the event that the owner of a vehicle to be towed pursuant to this chapter expresses no preference relative to the tow truck or towing service to be used, the police dispatcher shall rotate dispatches among the tow trucks or towing services currently contracting with the CITY on the basis established by the chief of police or his designee. B. However, the right to dispatch any tow truck, whether currently contracting with the CITY or not, shall be reserved to the chief of police or his designee where deemed necessary to accomplish the purposes of this chapter. C. A call to CONTRACTOR shall constitute one turn on the list and CONTRACTOR shall be moved to the bottom of the list. This includes when CONTRACTOR fails to answer the phone, is unable to respond, or is cancelled due to excessive response time. D. If it is determined that CONTRACTOR is not needed and is cancelled by CITY, up to and including arrival at the scene, there shall be no charges and CONTRACTOR shall be placed back on top of the-list. E. If CONTRACTOR is cancelled by the vehicle's owner or agent prior to CONTRACTOR taking possession of the vehicle, there shall be no 8 charges. CONTRACTOR shall immediately contact CITY and advise them of the cancellation. CONTRACTOR will then be placed back on top of the list. F. If service has begun and is cancelled by the vehicle's owner or agent, charges owed shall be no more than one half.of the regular towing. charge for the actual time expended on the call. G'. One contractor shall be called for one incident (i.e. accident). If CONTRACTOR cannot supply enough equipment, the next' CONTRACTOR on the list will be called to supply the additional equipment. Clean up of accident scene will be the responsibility of the primary CONTRACTOR. 9. NOTIFICATION OF DELAY. CONTRACTOR shall respond to calls from CITY dispatcher within a reasonable time. CONTRACTOR shall inform the police dispatcher if, for any reason, the Service will be delayed or if CONTRACTOR will not be able to respond to an assignment. If a CONTRACTOR cannot respond to the scene in 30 minutes or less, he shall notify the police dispatcher. 10. BACKUP SERVICE. If, in the judgment of the police dispatcher, the eligible tow truck or towing service will be delayed in responding to an'assignment, the dispatcher may redirect the dispatch to the next eligible tow truck or towing service, according to the rotation schedule established by the chief of police or his designee. 11. ATTENDANT ON CA?.?. AT AL?. TIMES. CONTRACTOR shall have an attendant on call capable of responding to police requests for towing, as well as being present or available for the release of vehicles to the public, twenty-four hours a day, seven days a week. 12. IMPOUNDED VEHIcLeS. A. Vehicles impounded .by the police for special investigations shall be held in maximum security until cleared by investigating officers. Contents of vehicles with a police "hold" shall not be removed. B. All vehicles stored or impounded as a'result of a tow assignment by the police department 9 shall be made available to the owner of' the vehicle or his representative, by any insurance agent, insurance adjuster, or any body shop or car dealer, for the purpose of estimating or appraising damages, except vehicles with'a police "hold." C. Vehicles to be appraised shall be accessible to CITY. Employees of CONTRACTOR shall assist CITY, if requested. 13. REMOVING HAZARDS. CONTRACTOR shall cooperate with police officers in removing hazards and illegally parked vehicles as requested. CONTRACTOR shall abide by the decisions of police officers regarding when a vehicle should'be impounded or moved. 14. SOLICITATION PROHIBITED. Neither CONTRACTOR, nor his agents or employees, shall solicit any tow job in the city at the scene of an accident without first having been called by the owner or operator of the disabled vehicle, or by the city police department. 15. WAIVER OF DEFAULT. The failure of any party to enforce against another a provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 16. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession, including business tax certificates. 17. MERGER AND MODIFICATION. This contract sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This contract may be modified only in a writing approved by the City Council and signed by all the parties. 18. TERMINATION. This Agreement may be terminated by any party upon ten (10) days written notice to all other parties. 19. COMPLIANCE WITH A?.?. LAWS. CONTRACTOR shall., at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall 10 faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and. Federal statutes, rules or regulations now in force or which may hereafter be in force. 20. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONTRACTOR as an independent contractor, and CONTRACTOR will not be considered an employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor. CONTRACTOR shall have no authority beyond that given in this Agreement to act on behalf of CITY as an agent nor to bind CITY to any obligation not expressly authorized herein. 21. INSURANCE. In addition to any other form' of insurance or bond required under the terms of this Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits of insurance, otherwise referred to as "basic insurance requirements,,; A. Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not .less than one million ($1,000,000) per occurrence; and B. Broad form commercial general liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with. limits of not less than one million '($1,000,000) per occurrence; and C. Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than one million ($1,000,000) per accident. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. This requirement may be waived at the CITY' sole discretion. All policies required of the CONTRACTOR hereunder shall be primary insurance as respects the CITY, its mayor, council, officers, agents, employees and volunteers and any insurance or self-insurance maintained by the CITY, its mayor, council, officers, agents, employees and volunteers shall be excess of the 11 CONTRACTOR'S insurance and shall not contribute with it The automobile liability policies shall provide coverage for owned, non-owned, and hired autos The liability policies shall provide contractual liability coverage for the terms of this Agreement. The liability policies shall contain an additional insured endorsement in favor of the-CITY, its mayor, council, officers, agents, employees, and volunteers. The workers' compensation policy shall contain a waiver of subrogation endorsement in favor of the CITY, its mayor, council, officers, agents, employees, and volunteers. Ail policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance evidencing the insurance required under this Agreement. The CITY may not refer calls to CONTRACTOR if certificates of insurance and endorsements required in this Agreement have not been provided. The CONTRACTOR shall be responsible for any deduc:ibles or self-insured retentions under all required insurance policies. Insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement of CONTRACTOR, must be declared to and approved in writing by the CITY. 22. INDEMNITY. CONTRACTOR shall indemnify, defend and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, for injury to or death of persons or damage to property arising out of, connected with, or caused by CONTRACTOR, CONTRACTOR'S employees, agents, subcontractors, or independent contractors or companies in the' performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder. 23. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and therefore shall not be construed against any party. 12 24. NOTICES. Ail notices relative to this Agreement shall be given in writing and shall be sent by certified or registered mail and be effective upon depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD CITY HALL 1501 Truxtun Avenue Bakersfield, California 9330! CONTRACTOR: 25. FORUM. Any lawsuit pertaining to any matter arising under, or growing out of, this contract shall be instituted in Kern County, California. 26. ASSIGNMENT. This contract shall not be assigned by any party, or any party substituted, without prior written consent of all the parties. 27. BINDING EFFECT. The rights and obligations of this Agreement shall" inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors, and assigns. of the ~8. RECORDS. CONTRACTOR shall maintain accurate records vehicles towed and the license number thereof, the date and time when towed and location from which towed; the name of the officer ordering the towing; whether the vehicle was impounded or towed at the owner's request; and the final disposition of the vehicle. Such records and documentation shall be kept at CONTRACTOR,s office during the period of this Agreement, and after the term of this Agreement for a period of three years from the date of the final Payment under this Agreement, and shall be made available to CITY representatives upon request at any time during regular business hours. 29. CORPORATE AUTHORiTY. Each individual executing this Agreement represents and warrants that they are duly authorized to execute and deliver this Agreement on behalf of the corporation or organization named herein and that this Agreement is binding upon said corporation or organization in accordance with its terms. 30. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number CONTRACTOR is a corporation? Yes No 13 · IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. "City" CITY OF BAKERSFIELD By: BOB PRICE, Mayor APPROVED AS TO CONTENT: BAKERSFIELD POLICE DEPARTMENT By: ST=VE BRUMMER Chief of Police APPROVED AS TO FORM: LAWRENCE M. LUNARDINI City Attorney By: LAURA C. MARINO Assistant City Attorney COUNTERSIGNED: By: GREGORY J. KLIMKO Finance Director "CONTRACTOR" By: Title 14 AGREEMENT NO. THIS AGREEMENT is made andentered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, referred to herein as "CITY" and referred to herein as "CONTRACTOR." ' RECITALS WHEREAS, CONTRACTOR represents that it is experienced and Well qualified in the field of heavy-duty towing; and WHEREAS, CITY desires to employ CONTRACTOR to perform heavy-duty towing services in response to calls by the police department, as set forth herein. NOW,. THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. CONTRACTOR shall respond to calls by the Bakersfield Police Department when needed to perform heavy-duty towing services. The. scope of work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired 'to perform, whether specifically included in the scope. of work or not. 2. DEFINITIONS'. Whenever used in this agreement, unless a different meaning clearly appears from the context, the words set out in this section shall have the following meanings: A. "Heavy duty towing" means the towing of any vehicle or combination of vehicles in.tandem, the gross vehicle rating of which is 25,001 pounds or more. B. "Standby time" means the time in excess of fifteen minutes that a tow truck operator is delayed from performing his or her duties at the location where the vehicle is to be loaded and removed, if the delay is due to circumstances not contributed by the negligence, misjudgment, incompetence or 1 carelessness of the tow truck opera'~or. This time is not to be use~ to clean debris from the roadway. C. "Service call charge" means an extra charge allowed for opening the business to release vehicles,or property on holidays or at any time other than regular business hours which are from 8:00 a.m. to 5:00 p.m., Monday through Friday. 31. COMPENSATION. CONTRACTOR shall be paid for towing services by the owner of the vehicle towed. Rates to ]De charged shall be as follows: All heavy duty towing within a five-mile radius ~' per hour ....................... $100.00 Each mile beyond five miles (refer to Bakersfield City radius map) ........ $ 5.00 Standby time for each 15 minutes after the first 15 minutes ................. $ 10.00 Inside storage per day ..... · ............ $ 16.00 Outside storage per day ................ $ 11.00 Service call charge ................... $ 25.00 Winching per hour ................... $ 25.00 Setting overturned vehicle on wheels .......... $ 50.00 Vehicles stored twenty-four hours or less shall be charged no more than one day storage. Each day thereafter shall be calculated by calendar day. No inside storage charges shall be incurred unless inside storage is requested or required' by B.P.D. or registered owner of vehicle. The compensation set forth in this paragraph shall be. the total compensation for the services provided by CONTRACTOR, including all out-of-pocket costs incurred. Neither CITY nor any vehicle owner shall pay any fee other than the compensation listed in this paragraph, and other than the lien fees specifically permitted pursuant to the California Vehicle Code, unless otherwise agreed to in writing by the CITY. 2 4. MINIMUM BUSINESS AND STORAGE LOT REQUIREMENTS. The business and storage facilities must be a reasonable distance from public transportation, as determined by the chief of police or his designee. Storage facilities must have adequate storage space, at least fifty feet by one hundred feet or equivalent area, to accommodate thirty vehicles which shall include inside storage space to accommodate at least three vehicles for the purposes of impounding. All vehicles and contents must be kept safe from pilfering, and screened from view from any public street or alley. 5. RESPONSIBILITY FOR VEHICLES. CONTRACTOR shall keep all stored or impounded vehicles and/or contents free from damage, destruction, theft, vandalism and pilferage, and shall accept full responsibility for the safekeeping of the vehicles on its storage lots. CONTRACTOR is responsible for the reasonable care, custody and control of any property contained in towed or stored vehicles. 6. HEAVY DUTY TOW TRUCK CLASSIFICATIOn' AND EOUIPMENT SPECIFICATION A. TOW TRUCK 1. EOUIPMENT SPECIFICATIONS a. 50,000 pounds GVWR chassis or greater . b. Air brakes w/air hookup package c. 30 ton recovery equipment rating d. Hydraulic or mechanical winch(es) e. 250 ft. 3/4" 6x19 cable or Original Equipment' Manufacturer' s (OEM) specifications f · Tow chains, 5/8" alloy or OEM specifications g'i Safety chains, 5/8" alloy or OEM specifications h. Tow sling rating 20,000 lbs. i. Two 12 ton snatch blocks j. Under lift rating - retracted 32,000 lbs. 100" extension** 16,000 lbs. · Measured from the center line of the rear axle of the towing vehicle to 10 inches behind the back face of the lifting bar. · * Measured from the center line of the rear axle to the center of the lift forks. B. AUXILIARY EQUIPMENT 1. For each type or classification, of towing equipment, certain types of equipment are required and any other' equipment as may be required by the chief of police or his designee. a. Required equipment 1. Towing sling - a tow chain, assembly, a 4"x4"x60" and a 6"x6"x60" wooden crossbeam, a pair of spacer blocks, a steering wheel clamp, .and safety chains. 2. Truck hitch - tow chain assembly, 4"x4"x60" and 6"x6"x60" wooden crossbeams (as necessary), aluminum tow angle(s), and safety chains. 3. Under reach - an assortment of lift forks/adapters, safety tie down chain(s), and safety chains. 4. Extension - brake and tail lamps (drag lights) lights to ]De used at all times on towed vehicle. 5. Fire extinguisher - mounted 6. Broom 7. Shovel 8. Reflective triangles 9. Flares 10. Trash can(s) with absorbent 11. Steering wheel clamp 12. Two 12 ton rated snatch blocks 13. Axle covers/caps 14. Air hoses and necessary flittings to provide air to the towed vehicle 15. Shop to truck radio (C/B excluded) b. Service and other equipment - (for service calls, each tow truck shall be equipped with the following service equipment): 1. Adequate emergency supply of fuel in an approved container 2. Booster battery or hot box starting system 4 3. Hydraulic jack capable of handling passenger cars and light trucks 4. Metric and standard lug wrenches 5. Rubber mallet/hub cap tool 6. Lockout tools 7. Motorcycle straps 8. First aid kit 9. Sledge hammer 10. Bolt cutters 11. Crow bar 12. Tool kit - may include: a. Assorted open end wrenches; standard, 1/4" - 7/8" and. Metric, 6-19mm b. Assorted screwdrivers;Straight blade and.Phillips c. Crescent wrench d. Ball'peen hammer e. Pliers f. Battery and terminal cleaning tools g. Point file h. Allen wrench for Delco distributors i. Mechanic's wire J. Plastic electrical tape/duct tape k. Tire valve core tool 1. Miscellaneous fuses m. Small pry bar n. Shop rags o. Flashlight P. Socket sets; 1/4" - 1" and 6- 19mm q. Rachet and extensions C. GENERAL SPECIFICATIONS 1. Equipment Limitations a. Ail towing equipment, recovery equipment, and carrier ratings are based, on structural factors only. Actual towing, carrying, and recovery capacity, may be limited by the capacity of the chassis · and the optional equipment selected.. 2. Towing Limitations a. The criteria to determine the safe towing limits for a truck are: 1. The total weight of the truck, including the lifted load, must fall within the Manufacturer's Gross Vehicle Weight Rating $ (GVWR) and not exceed either the Front or Rear Axle Weight Ratings (FAWR, RAWR). 2. The truck must meet all applicable State andlor Federal standards. 3. For proper steering and braking, the front axle load must be at least 50% of its normal unladen weight after the load is lifted. 3. Identification Labels. a. Each piece of towing equipment shall.have a label or identification tag permanently affixed to the equipment in a prominent location to identify the manUfacturmr, serial number, model, and rated capacity. 4. Recovery Equipment Rating a. The basic performance rating of the recovery equipment is the weight the equipment .can lift in a winching mode, when the boom is static at a 30 degree elevation with the load lines vertical and the lifting cables sharing the load equally measured with a live load (weight or load cell). 1. The structural design of the recovery equipment must have a higher load capacity than the performance rating(s). 2. Winches shall conform to or exceed the specifications set forth by the society of Automotive Engineers (SAE) Handbook, SAE J706. 3. Ail ratings for cable and chain assemblies are for the undamaged assembly condition. Ail cable and chain assemblies should be the s~me type, construction, and rating as specified by the original equipment manufacturer (OEM) for the equiDment. 5. Safety Chains a. Safety chains shall be rated at no less than the rating specified by the OEM~ 6. Control/Safety Labels a. Ail controls shall be clearly marked to indicate proper operation as well as any special warnings or cautions. 6 7. EOUIPMENT AND STORAGE FACILITIES. CONTRACTOR's equipment and storage facilities shall be subject to periodic inspection, checks and/or audits by CITY representatives at any time during regular business hours. The CITY shall provide for not less than one annual inspection of all tow trucks. The contractor shall be charged an annual fee for each tow vehicle as set by the City of Bakersfield. A tow truck shall not respond to a CITY call that has not been inspected and approved by the chief of police or his designee. 8. ROTATION OF DISPATCHES. A. In the event that the owner of a vehicle to be towed pursuant to this chapter expresses no preference relative to the tow truck or'tOwing service to be~ used, the police dispatcher shall rotate dispatches among the tow trucks or towing services currently contracting with the CITY on the basis established by the chief of police or his designee. B. However, the right to dispatch any tow truck, whether currently contracting with the CIT~or not, shall be reserved to the chief of police or his designee where deemed necessary to accomplish the purposes of this chapter. C. A call to CONTRACTOR shall constitute one turn on the list and CONTRACTOR shall be moved to the bottom of the list. This includes when CONTRACTOR fails to answer the phone, is unable to respond, or is cancelled due to excessive response time. D. If it is determined that CONTRACTOR is not needed and is cancelled by CITY, up to and including arrival at the scene, there shall be no charges and CONTRACTOR shall be placed back on top of the list. E. If CONTRACTOR is cancelled by the vehicle's owner or agent prior to CONTRACTOR taking possession of the vehicle,.there shall be no charges. CONTRACTOR shall immediately contact CITY and advise them of the cancellation. CONTRACTOR will then be placed back on top of the list. F. If service has begun and is cancelled by the vehicle's owner or agent, charges owed shall be no more than one half of the regular towing 7 charge for the actual time expended on the call. G. One contractor shall be called for one incident (i.e. accident). If CONTRACTOR cannot supply enough equipment, the next CONTRACTOR on the list will be called to supply the additional equipment. Clean up of accident scene will be the responsibility of the primary CONTRACTOR. 9. NOTIFICATION OF DELAY. CONTRACTOR shallrespond to calls from CITY dispatcher within a reasonable time. CONTRACTOR shall inform the police dispatcher if, for any reason, the service will be delayed or if CONTRACTOR will~ not ~'e able tO respond to an assignment. If a CONTRACTOR cannot respond to the scene in 30 minutes or less, he shall notify the police dispatcher. 10.. BACKUP'SERVICE. If, in the judgment of the police dispatcher, the eligible tow truck or towing service .will be delayed in responding to an assignment, the dispatcher may redirect the dispatch to the next eligible tow truck or towing service, according to'the rotation schedule established by the chief of police or his designee. 11. ATTENDANT ON CAT.L AT A?.L TIMES. CONTP~CTOR shall have an attendant on call capable of responding to police requests for toWing, as well as being present or available for the release of vehicles to the public, twenty-four hours a day, seven days a week. 12. IMPOUNDED VEHICLES. A. Vehicles impounded by the police for special investigations shall be held in maximum security until cleared by investigating officers. Contents of vehicles with a police "hold" shall not be removed. B. Ail vehicles stored or impounded as a result of a tow assignment by the police department shall be made available to the owner of the vehicle or his representative, by any insurance agent, insurance adjuster, or any body shop or car dealer, for the purpose of estimating or appraising damages, except vehicles with a police "hold." C. Vehicles to be appraised shall be accessible to CITY. Employees of CONTRACTOR shall assist CITY, if requested. 13. REMOVING HAZARDS. CONTRACTOR shall cooperate with police officers in removing hazards and illegally parked vehicles as requested. CONTRACTOR shall abide by the decisions of police officers regarding when a vehicle should be impounded or moved. 14. SOLICITATION PROHIBITED.. Neither CONTRACTOR, nor his agents or employees, shall solicit any tow job in the city at the scene of an accident without first having been called by the owner or operator of the disabled vehicle, or bY the city police department. . 15. WAIVER OF DEFAULT. The failure Of any party to enforce against another a provision,of this Agreement shall .not constitute a waiver of that party s right to enforce such a tP~svi~eneamten~.later time, and shall not serve to vary the terms of 16. LICENSES. CONTRACTOR shall, at its' sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession, including business tax certificates. 17. MERGER AND MODIFICATION. This contract sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This contract may be modified only in a writing approved by the City Council and signed by all the parties. 18~ TERMINATION. This Agreement may be terminated by any party upon ten (10) days written notice to all other parties. 19. COMPLIANCE WITH A?.n LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations now in force or which may hereafter be in force. 9 20. INDEPENDENT CONTRACTOR. This Agreement calls for the perfozmance of the services of CONTRACTOR as an independent contractor, and CONTRACTOR will not be considered an employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor° CONTRACTOR shall have no authority beyond that given in this Agreement to act on behalf of CITY as an agent nor to bind CITY to any obligation not expressly authorized herein. 21. In addition to any other form of insurance or bond required under the terms of this Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits of insurance, otherwise referred to as "basic insurance requirements"; A. Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million ($1,000,000) per occurrence; and B. Broad form commercial general liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million ($1,000,000) per occurrence; and C. Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than one million ($1,000,000) per accident. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. This requirement may be waived at the CITY' sole discretion. Ail policies required of the CONTRACTOR here~under 'shall. be primary insurance as respects the CITY, its mayor, council, officers, agents, employees and volunteers and any insurance or self-insurance maintained by the CITY, its mayor, council, officers, agents, employees and volunteers shall be.excess of the CONTRACTOR'S insurance and shall not contribute with it. The automobile liability policies shall provide coverage for owned, non-owned, and hired autos. 10 The liability policies shall provide contractual liability coverage for the terms of this Agreement. The liability policies shall contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees, and volunteers. The workers' compensation policy shall contain a waiver of subrogation endorsement in favor of the CITY, its mayor, council, officers, agents, employees, and volunteers. Ail policies shall contain an endorsement providing the .CITY with thirty (30) 'days written notice of cancellation or material change in policy language or terms. Ail policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance evidencing the insurance required under this Agreement. The CITY may not refer calls to CONTRACTOR if certificates of insurance and endorsements required in this Agreement have not been provided. The CONTRACTOR shall be responsible for any deductibles or self-insured retentions under all required insurance policies. Insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement of CONTRACTOR, must be declared to and approved in writing by the CITY. 22. INDEMNITY. CONTRACTOR shall indemnify, defend and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, for injury to or death of persons or damage to property arising out of, connected with, or caused by CONTRACTOR, CONTRACTOR'S employees, agents, subcontractors, or independent contractors or companies in the performance of, or in any way 'arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder. 23. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and therefore shall not be construed against any party. 24. NOTICES. Ail notices relative to this Agreement shall be given in writing and shall be sent by certified or registered mail and be effective upon depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: 11 CITY: CITY OF BAKERSFIELD CITY HALL 1501Truxtun Avenue Bakersfield, California 93301 CONTRACTOR: 25. FORUM. Any lawsuit pertaining to any matter arising under, or growing out of, this contract shall be instituted in Kern County, California. 26. ASSIGNMENT. This contract shall not be assigned by any party, or any party substituted, without prior written consent of all the parties. 27. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors, and assigns. 28. RECORDS. CONTRACTOR shall maintain accurate records of the vehicles towed and the license number'thereof; the date and time when towed and location from which towed; the n~me of the officer ordering the towing; whether the vehicle was impounded or towed at the owner's request; and the final disposition of the vehicle. Such records and documentation shall be kept at CONTRACTOR's office during the period of this Agreement, and after the term of this Agreement for a period of three years from the date of the final payment under this Agreement, and shall be made available to CITY representatives upon request at any time during regular business hours. 29. CORPORATE AUTHORITY. Each individual executing this Agreement represents and warrants that they are duly authorized to execute and deliver this Agreement on behalf of the corpora=ion or organization named herein and that this Agreement is binding upon said corporation or organization in accordance with its terms. 30. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number . CONTRACTOR is a corporation? Yes No 12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. "City" CITY OF BAKERSFIELD By: APPROVED AS TO CONTENT: BOB PRICE, Mayor BAKERSFIELD POLICE DEPARTMENT By: S%'~E BRUMMER Chief of Police APPROVED 'AS TO FORM: LAWRENCE M. LUNARDINI City Attorney By: LAURA C. MARINO Assistant City Attorney COUNTERSIGNED: By: GREGORY J. KLIMKO Finance Director "CONTRACTOR" By: Title ~3 July 21, 1994 Mr. Alan Tandy, City Manager City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 9330 l Dear Mr. Tandy: RE: Kern Transportation Foundation Funding Request The Kern Transportation Foundation has submitted a request for funding which was referred to the Budget and Finance Committee. This letter is written to provide supporting information. We are requesting that the City contribute ten thousand dollars ($10,000) to the Foundation to be used to partially fund a study of the regional economic impacts attributable to improvements to the transportation system. This study will form the basis for the Foundation's public education campaign, which will be designed to support our adopted mission of promoting a modem, balanced transportation system that enhances our quality of life and supports the economic vitality of the community. The education campaign will work to build the kind of public/private partnership that is citical to developing and funding transportation system improvements that are necessary io maintain the County's economic competitiveness. The total cost of the study is $20,150, which includes labor, model acquisition and expenses associated with data acquisition and processing. Economic base, shift-share, and input-output models will be used to predict the impact of proposed transportation system improvements on the regional economy. Enclosed for your information are a list of contributors to the Kern Transportation Foundation, its descriptive brochure, work plan and budget. Let me know if there is any other written information you require. I am available to attend the Committee meeting on July 25, 1994, to answer any further questions. Please contact me at the number below if you would like me to attend. The Foundation looks forward to your favorable reply. Sincerely, Susan H. Weaver ' ' ~. ~ . Executive Director .... Enc. (4) "~i '? ,2 !99/1 · . ... ....... : -~..?..:'-- 3434 Tmxtun Avenue, #290, Bakersfield, CA 93301 Tel. 805.322.2873 Fax 805.322.7650 ^ v so.s Movino OFFICERS Bernie Herman For'ward To Ben Austin Chaiffnan Max Bacerra Frank Herrera, Sr. Dan Panero Raymo.d A. Watson Sheryl Barbich Ed .ickmen Peter PankeyMaintain KGET-TV 17 Nancy Bass Bart Hill Charlie Partier Carol Beck Kirk Hoffner Peter Parra Chief Financial Officer Kelly Blanton Larry .o,ochwost Thomas Payne Kern County's Roger A. Uclntosh Lanny Borthick Jack Hunt Ken Paterson Martin-Mclntosh Engineers Jason Brant Allan Jaffa Leo Pierucci Qualit of Life Secretary Curtis Bryan Tom Jones Cathy Prout · · · Ronald E. Brummett Jim Burke Roberta Joughin Cathy Reheis Kern Council of Governments Cathy Butler Bob Karpe Mike Richardson Greg Bynum Thomas Kelly Joyce Robinson DIRECTORS Mike Carrillo Mai Khachigian . Randy Rowtes Larry Cart Dorothy Knight Mai Rubin Roy Ashburn Ken Carter Ken Knosl Judy Salamacha Kern Courtly Supervisor Warren Carter Bill Kytola Mark Salvaggio Nathan Carver Pauline Larwood Ken Secor Bryan Baley Les Clark Nedra Lehr Mary K. Shell Bakersfield Assn of Realtors Jim Clark, Jr. Tony Manzano Gayla Shuck Morgan Clayton George Martin Pat Smith John Spaulding David Cothran Steve Martin Dan Smith Operaling Engineers, Local 12 Jeff David Bob Mathews Gene Smith Bevedy Davis Bert McCarthy Jay Sprague Steve Ruggenberg Pat DeMond Kevin McDermott Jerry Stanners Golden Empire Transit Ray Dezember Mai McLaughlin Lam/Starrh Brant Dezember Bill Mead Susan Strahan Ron Wareham Sophie Dodge Clarence Madders Nancy Strong RDJ Realty, Inc. Barbara Don CaHos Harold Meek Jeff Swartz John Eastridge Rosemary Mendoza Gene Tackett EXECUTIVE DIRECTOR Lynn Edwards David Milazzo Earl Teeter John Endquez Ned Miller Cynthia Tonkin Susan H. Weaver Dwight Ensor Dale Mills Esther Torres WHM Consultants . Patdcia Fards Richard Moser Mike Tumipseed Michael Fisch Don Murlin David Urner Chris Frank Ernest Napolis Marie Walker Terry Freeman Verl Nash Chris Wafters I Kern Transportation Dean Gay Kirk Nelson Karen Wass Fotll~d~ttior~ Paul Gipe Paul Neufeld Greg Whitney 3454 Truxt.. Ave..e. Ste. 290 I_ucio Gonzales K~ren .orthcutt Mary Jane Wilson I(ern rronsporfofion Bakersfield, CA 93301 Bill Hample Sean O'Neal David Winegar Foundofion (805) $22-2875 Dale Hawley Donald Zachary Fax: (805) 322-7650 ~ . ~_ ~ ~Ye '~e ~ov/'n~? Transportation and Growth in Kern County Meeting the Needs What You Can Do Over the )'ears, Kern ('t,mly residenls haw~ been Federal and Stale governmt, n! no longer provides all First of all, be informed. Learn aboul Ihe choices we fortunate. We live in pleasant communities and enjoy a of the funding that is necessary to meet the transporta- must make as a community. If you have concerns about superior quality of life, isolated from many of the traffic- lion needs of local communities. To address our growing specific transportatio, issues, bring them to the attention related problems plaguing our larger neighbors to the transportation issues, a group of concerned citizens of the Foundation and your local government representa- north and south, formed the Kern Transportation Foundation in 1992. A lives. Ask them to become actively involved in moving B,t as Kern County conlinues to grow, the scene is nonprofit public benefit corporation, Kern Transporlation the transportation agenda forward. changing. In the period from 1970 to 1990, the county's population grexv 65 percent. And, we're not slowing down. By lhe year 2010, Kern County's population is projected t,, grow an additi,,nal 91 percent! During the Kern Transportation Foundation is working with the government to It~B0s, Bakersfield ,,,as the sixth fastest-growing city in develop a plan and find funding solutions fO'r Kern County's future needs. the nation. While §rowflt offers residents a healthy economy, it also increases traffic con§estion. The si§ns are already here--clog§ed interseclions, slowin§ lraffic on rural Foundation is workin§ with the §overnment to develop Throt,§h individual vision and commitment, Kern highways and a cloud of air pollution on the horizon, a plan and find lundin§ solutions for Kern County's County will be able to make the transportation planning fvture needs, and fundin§ choices that can shape its future for the It's time to take action. Many Kern Calmly residents better. Everyone will benefit. 'lbgether we can: are recognizing the need to look ahead and embrace the The Foundation's mission is to promote a modern, inevitable changes. That means designing neighborhoods balanced transportation system that enhances our qua!ity "'1 Build n bcttcr economic trod busincss climate. Ihat will accommodate growth, looking at alternative of life and supporls the economic vitality of the commu- modes of transportatio,~ and finding ways to fund ll~e nitv. Within a public forum, the Kern Transportation '-I Lower z,chich' o],cratiny, costs by incrcasin,~ thc efficicm'y completion of otlr transportatiofi system Foundation is working 1o: Qf our transporhition systcm. -! Create public awareness of current and future tra,sportation m'eds i, Kern '1 Reduce air pollution and improve health Kern County Population Growth Trends... c,,,,,,,,. --I Reduce commute time ami rdah,d stress ~.ooo, ooo ~ ~. -I Fimt cD'Drive a,d bmot,ative ways to i~Provide~'randfundourtra,lsporh~tion Best of all, we'll be investing in a better quality of re'ods, life by taking conlrol of our own destiny. Itow we and By ~he year 2010, eoo. ooo ~ g Il our children live in the year 2010 ,*'ill depend on the wise Kern Count¥'S~o~ulation is ,'H~i', ~f Ig 'llhtildthe~i,ufofprii,atemu, public choices we make toda,s: projected to grow soo, aaa I~artm'rship that is necessary to devdop on additional 91 and fund a modcm, balanced transporta- percent] ,oo. ooo KO, In [ransporlation Foundation 1990 1995 2000 2005 2010 KERN TRANSPORTATION FOUNDATION CONTRIBUTORS January 1, 1992 - December 31, 1992 Castle & Cooke Development $5 000 BIPAC of Kern County $3 750 Bksfd. Assoc. of Realtors $3 200 Granite Construction $2 500 Borton, Petrini & Conron $2 000 Oakridge American $2 000 Coleman Homes $1 250 Dean Gay $1 000 Martin-McIntosh Engineering $1,000 Batey Development $ 500 J.L. Dandy Company $ 500 Griffith Company $ 500 Operating Engineers, Local 12 $ 500 Tejon Ranch $ 500 Warren A. Minner $ 250 Moore & Taber $ 250 Nickel Enterprises $ 200 Turman Construction $ 100 Total $25,000 January_ 1, 1993- December 31, 1993 Kern Council of Governments $9,779 City of Bakersfield $5,000 Castle & Cooke Development $3,715 BIPAC of Kern County $1,000 Tax refund $ 911 Sprint refund $ 20 Total $20,425 January 1, 1994 - June 30, 1994 Kern Council of Governments $16,811 County of Kern $ 5,000 IMPAC $ 2,500 Castle & Cooke Development $ 2,500 Griffith Company $1,000 Total $27, 811 KERN TRANSPORTATION FOUNDATION BUDGET JULY 1994 THROUGH JUNE 1995 Total July Au~lust September October November December Janua~ Februa~ March April Ma)/ June Consultant Services & Contracts $91,625 $5,370 $10,370 $9,870 $12,615 $6,675 $6,675 $6,675 $6,675 $6,675 $6,675 $6,675 $6,675 Insurance $2,700 $2,000 $350 $350 Miscellaneous expenses $1,800 $150 $150 $150 $150 $150 $150 $150 $150 $150 $150 $150 $150 Directors Meetings $960 $80 $80 $80 $80 $80 $80 $80 $80 $80 $80 $80 $80 Minor $1,800 $0 $200 $200 $200 $200 $200 $200 $200 $200 $200 Functions Major $4,000 $1,000 $0 $1,000 $1,000 $1,000 Total Estimated Expenses $102,885 $5,600 $10,600 $13,100 $13,045 $7,105 $8,455 $7,105 $7,105 $8,105 $7,105 $7,105 $8,455 Projected Income $108,700 $5,600 $10,600 $13,100 $15,600 $10,600 $15,500 $8,100 $3,100 $5,600 $8,100 $3,100 $9,700 .?.arry Over $0 $0 $0 $2,555 $6,050 $13,095 $14,090 $10,085 $7,580 $8,575 $4,570 Estimate surplus (Deficit) $5,815 $0 $0 $0 $2,555 $6,050 $13,095 $14,090 $10~085 $7,580 $8,575 $4,570 $5,815 KERN TRANSPORTATION FOUNDATION ACTION PLAN OBJECTIVE: TO EDUCATE THE COMMUNITY ABOUT THE IMPORTANCE OF RESPONSIBLE TRANSPORTATION PLANNING AND FUNDING TO CONTINUED REGIONAL ECONOMIC VITALITY. TASK 1 COORDINATE TIMETABLES AND PRODUCTS WITH KERN COG Work with Kern COG to keep abreast of changes in the legislative climate, and to determine what products must be completed, and which timetables and milestones that must be met under various options open to the cormnunity if it chooses to establish transportation funding self-help status. This task will begin immediately and continue to the conclusion of the project. TASK 2 ECONOMIC STUDY Undertake study of the direct and indirect economic impacts to regional income and employment attributable to transportation projects, and report implications both of funding transportation plans and failure to do so. Impacts will be reported for the regional economy, and in terms of per person and/or per family costs/benefits. Report would be basis for a KTF report to be used in a public education program. This task will commence immediately. Scheduled completion is 10/30/94. TASK 3 PUBLISH WHITE PAPER Using the regional economic study as a basis, write and publish a report to set transportation issues in the regional economic context. This paper would be used by members of the Foundation and by the Speaker's Bureau in a program designed to acquaint the public with the issues of transportation planning and funding. This task will be conducted concurrently with Task 2, and is scheduled for completion by 10/30/94. TASK 4 DEVELOP TRANSPORTATION FUNDING STRATEGIES Research various funding mechanisms by which Kern could become a "self- help county," rank order mechanisms by feasibility, and map out several alternative courses of action that could be taken by the community. Work will begin on this task 7/3/94 and be complete by 10/30/94. TASK 5 FOUNDATION FUNDRAISING Organize and assist in Board efforts to secure adequate funding for the operation of the Foundation. This task will commence 6/15/94 and continue until adequate funding is - secured. Scheduled finish is 10/31/95. TASK 6 ENABLING LEGISLATION Research legislative options that would reduce the vote needed to establish a transportation funding mechanism from a super-majority (67%) to a simple majority (51%). Work will begin on this task 7/1/94 and continue until completed. TASK 7 COMMUNICATION/NEWSLETTERS Keep Foundation members, Advisory Board members, and Speakers' Bureau members informed, on a regular and timely basis, about the progress being made in reaching the objective. This will be accomplished by letter, or publication of a newsletter, monthly or more frequently if needed. This task will begin 6/15/94 and continue until the conclusion of the project. TASK 8 DEVELOP MEDIA PLAN AND PRODUCTS Develop a public information package to educate the public about the regional economic implications of failing to adequately plan for and fund transportation infrastructure. Design the package to be multi-media--print, radio, television, and person-to-person--and to have components that address specific concerns of local communities within the County. Explore the use of public access television programming on an on-going basis throughout the project. Scheduled start date is 8/1/94; task to be completed by 12/31/94. TASK 9 REVITALIZE AND EXPAND SPEAKERS' BUREAU Rejuvenate Speakers' Bureau by reestablishing contact with current members and recruiting new members to present the white paper findings and options for attaining "self-help" status to civic and service organization programs as part of the public education program. This task will begin 9/1/94 and be completed by 11/11/94. KTF Action Plan 07/21/94 Page 2 TASK 10 LEADERSHIP BRIEFING Meet with community business and opinion leaders, elected officials, and governmental officials to present the KTF White paper findings and outline the options for attaining "self-help" status for Kern County. This task will begin 10/3/94 and be complete by the end of the year. TASK 11 ACTIVATE SPEAKERS' BUREAU Schedule and arrange speaking engagements for Speakers' Bureau members. Provide speakers with scripts and information as necessary. Scheduled start is 10/16/94 and task will continue until'end of project. TASK 12 ACTIVATE MEDIA PLAN Arrange for dissemination of public information materials via newspapers, television, and radio. Arrange presentation of materials at Board of Supervisors hearings and at City Council and other public meetings. Work on this element will commence 1/2/95 and continue through the project. TASK 13 MONITOR PUBLIC OPINION Communicate with community leaders and use questionnaires provided at Speakers' Bureau engagements to monitor reaction to the public education program. Use information gathered to adjust approach as necessary. Work will begin on this task 1/2/95 and be completed by 6/30/95. KTF Action Plan 07/21/94 Page 3 805-~?-1994 KGET TU 19 499 P01 3.~ ~9 '94 10:44 We're Moving Yo.rward SENT VIA FAX 326-7748 22, 1994 Mr. Kevin McDermott Vice Mayor 1620 C-reenhaven Street .... Bakers~¢Id, CA 933121/, Dear MI'. McDermott: ~ The Foundation would like to ask the City of Baket~ield to contribute $10,000 to Kern Tranaportation Foundation for FY 94..95 for the purpose of helping to fund Task I and  Task 2 of the Kern Transportation Foundation work plan. The total cost of both of these tasks will be approximately $20,500. Many thanks for your efforts and support. Assumm adop~mofennbling legi~tion by August 1995. Elect~nn dam of Nown~' ?. 1995. CITY COUNCIL TRAVEL AND EXPENSE I. The Charter provides for payment of actual and necessary expenses incurred by Councilmembers when on official duty on order of the City Council. In furtherance of this Charter provision, the following guidelines are established. A. Attendance at conferences and meetings. Attendance at conferences and meetings can be both beneficial and cost effective to the City. For those Cnuncilmembers who chose to participate, attendance would be viewed as an extension of official City responsibilities. Councilmembers may choose to attend conferences for one or more of the following reasons: 1. Voting Delegate: An official delegate from among the Council who will represent the City's position on business presented before the conference delegation. 2. Committee Membership: Councilmembers may choose to serve on local, state and national committees which provide the opportunity to represent state or City interest in policy and legislative areas. 3. Education: Most conferences are workshops and seminars which are used to brief Councilmembers on key legislation, policies or programs impacting local government. 4. Advocacy: A conference environment offers Councilmembers the opportunity to articulate the City's position on key legislation and funding policies with elected/appointed officials on both the state and federal levels. B. AssOciations. Periodically, the Council will assess the benefit of City membership in organizations which have traditionally been identified as providing support and service to local governments, such as the National League of Cities (NLC) and the League of California Cities (LCC). These are two of the major associations in which Council routinely participates. C. Budget. The cost of the proposed travel must not exceed the fiscal year adopted budget, adjusted for inflation in accordance with normal budget practices. City Council Travel and Expense August 24, 1994 Page 2 The budget shall be distributed equally to each Council seat. Outgoing Councilmembers are allocated one-third of the budget for their seats; incoming Councilmembers are allocated two-thirds, plus any unspent funds allocated to the outgoing Councilmembers' respective seats. The Mayor's budget is governed by a separate policy. It is not always possible to anticipate all the future plans of every organization or group. As such, the adopted travel budget can be amended during the fiscal year by approval of the City Council at a public meeting. Attendance at one-day workshops not requiring air travel and which meet any of the purposes cited above may be included in the travel budget proposal. D. Approval and Monitoring. Specific Council authorization is not required to attend conferences and meetings, but is subject to a Councilmember's budget limitations. Councilmembers may attend conferences and meetings that meet one or more of the following purposes, subject to individual budget limitations and prior Council approval to attend: · Committee/board meetings of NLC and LCC~ · Conferences that are of obvious benefit to the City · Councilmember has been invited to present a City/State position · Councilmember is lobbying on behalf of a City/State program · Conferences that provide professional development for Councilmembers in carrying out official City responsibilities This budget does not need Council approval, as it is subject to the overall guidelines of this policy. In the event that a Councilmember's travel budget will result in the individual allocation being exceeded, the budget must go to Council for approval. As Councilmembers request authorization ~Once a Councilmember has obtained Council approval to travel to meetings of a specific NLC or LCC Committee, the Councilmember has authority to fulfill these travel commitments through his/her committee tenure, subject to individual budget limitations. The Councilmember is not required to obtain Council approval annually under this circumstance. City Council Travel and Expense August 24, 1994 Page 3 to attend any conference requiring Council approval above, the effect of that travel on the individual Councilmember's budget will be provided to Council at that time. Each Councilmember will be provided with an update of his/her travel expenses compared to budget on a quarterly basis. F. Expense Reimbursed. ExpenSes will be paid by the City for conferences, meetings, workshops, etc., on the following basis: 1. Registration fees, if any, shall be paid directly by the City in advance. 2. Transportation to conferences or meetings outside of the South San Joaquin Valley area: a. Air travel shall be paid by the City in advance for the most direct route to the site, at coach rates, provided such accommodations are reasonably available. b. Transportation to and from the airport shall be by the most practical and efficient means available. c. Rental vehicles may be used for business purposes at the destination subject to the following: (1) no other reasonable transportation is available; or (2) taxi fare would exceed the cost of the rental vehicle. d. The expense of driving a personal automobile shall be paid by the City on the following basis: (1) If other transportation (air, rail, etc.) is reasonably available, and the Councilmember opts to take the alternate travel mode, City Council Travel and Expense August 24, 1994 Page 4 reimbursement shall be limited to the lowest cost to the travel destination for those destinations within a three hour travel time frame. (2) Reimbursement shall be made on the basis of the established City rate per mile, including any reimbursement for fuel not charged to a City credit card. 3. Lodclinq. a. The City will pay in advance the amount necessary to reserve a hotel room. A travel advance will be issued for the remaining days of lodging. Councilmembers shall be responsible for any non-reimbursable items appearing on the bill. ' b. Hotel accommodations will be at the hotel serving as the site of the conference, where reasonably possible. 4. Meals. Reasonable expenses incurred for meals by any Councilmember while on official duty shall be paid by the City, including but not limited to the following instances: a. Where a meal is part of an activity which the Councilmember is attending in his/her official capacity. b. Meals occurring during a local conference, meeting, workshop, seminar or convention. G. Reportinq of Expenses. 1. Statements of expense shall be submitted to the City Manager's Office. The statement shall show all expenses incurred which are chargeable to the City. 2. Councilmembers traveling at City expense to conferences and City Council Travel and Expense August 24, 1994 Page 5 committee meetings of the National League of Cities and the League of California Cities shall submit a written activity report to the entire Council. The written activity report shall be submitted at the same time the expense statement is submitted. 3. Written receipts shall be required to show expenses incurred for air travel, lodging and rental vehicles. Written receipts shall not otherwise be required. 4. Statements of expenses which include all expenses incurred, shall be submitted to the City Manager's Office within 30 days of the time such expense was incurred. H. Miscellaneous Expenses. Expenses not specifically covered herein shall be paid by the City when such expenses are incurred in the performance of City business. In determining whether such expenses were necessarily incurred in the performance of City business, the Internal Revenue Act of 1954 and the regulations of allowable deductions for business expenses may be considered as authority. I. Implementation. The City Manager shall monitor provisions of this policy within the City Manager's Charter responsibilities. Disagreement in interpretation shall be resolved by the City Council. At the time a new Councilmember is seated, the City Manager should review this policy with him/her. Annually, the City Manager shall review the resource requirements necessary to support the level of service specified in this policy, and recommend as a part of the proposed budget any necessary changes.