TOWING COMPANY LICENSE APPLICATION

Transcription

1 CITY OF BAYTOWN City Clerk s Office 2401 Market Street Baytown, Texas Phone: ( 281) Fax: ( 281) Web: org FOR OFFICE USE ONLY Date Received: Date Processed: TOWING COMPANY LICENSE APPLICATION Towing Company Information FEE: TBD Towing Company Name: Towing Company Physical Address: City:, State: Zip: Mailing Address, if different from Physical Address: City:, State: Zip: Please list two main numbers that will be used to contact the company by the City Clerk s Office and Communications: Primary Phone: Secondary Phone: Towing Company License #, issued by the state department of licensing and regulation: Attach a copy of the towing company license issued by the state department of licensing and regulation The Towing Company is (check which is applicable): A PROPRIETORSHIP LIMITED LIABILITY COMPANY A PARTNERSHIP A CORPORATION OR OTHER ENTITY Owner/Representative Name: Address: City:, State: Zip: Primary Phone: Secondary Phone: Would you like to receive Baytown Tow Truck Committee Meeting notices? Yes No If yes, please provide your address: Each Towing Company must provide proof that they own or contract for a vehicle storage facility within the city limits. 1) Name of Vehicle Storage Facility: Vehicle Storage Facility Physical Address: City:, State: City of Baytown Towing Company License Application Page 1 of 6 Owner Information Vehicle Storage Facility Information Zip:

2 Is the Vehicle Storage Facility within the corporate limits of the City of Baytown? Yes No Is the Vehicle Storage Facility currently licensed as an automotive salvage yard under the applicable statutes and regulations? Yes No Is the Vehicle Storage Facility fenced as required by the City of Baytown Code? Yes No Vehicle Storage Facility License #, issued by the state department of licensing and regulation: What is the amount of parking/storage available at the Vehicle Storage Facility: 2) Name of Vehicle Storage Facility: Vehicle Storage Facility Physical Address: City:, State: Zip: Is the Vehicle Storage Facility within the corporate limits of the City of Baytown? Yes No Is the Vehicle Storage Facility currently licensed as an automotive salvage yard under the applicable statutes and regulations? Yes No Is the Vehicle Storage Facility fenced as required by the City of Baytown Code? Yes No Vehicle Storage Facility License #, issued by the state department of licensing and regulation: What is the amount of parking/storage available at the Vehicle Storage Facility: Attach a copy of (1) the VSF license issued by the state department of licensing and regulation, (2) the Salvage Yard permit issued by the City of Baytown, and (3) Proof of Ownership and/or Contract for use of the Vehicle Storage Facility Tow Truck (s) Information State whether the tow trucks(s) will be owned, rented, or leased: 1.) Make: Model: Year: Type: VIN: License No. Tow Truck Cab Card #, issued by the state department of licensing and regulation: 2.) Make: Model: Year: Type: VIN: License No. Tow Truck Cab Card #, issued by the state department of licensing and regulation: 3.) Make: Model: Year: Type: VIN: License No. Tow Truck Cab Card #, issued by the state department of licensing and regulation: 4.) Make: Model: Year: Type: VIN: License No. Tow Truck Cab Card #, issued by the state department of licensing and regulation: City of Baytown Tow Truck Permit Application Page 2 of 6

3 5.) Make: Model: Year: Type: VIN: License No. Tow Truck Cab Card #, issued by the state department of licensing and regulation: 6.) Make: Model: Year: Type: VIN: License No. Tow Truck Cab Card #, issued by the state department of licensing and regulation: For each tow truck listed attach a copy of (1) the incident management license (cab card) issued by the state department of licensing and regulation and (2) the vehicle registration Driver (Operator) Information Will the tow truck(s) be operated by the owner and/or his/her employee(s) with a bona fide employer-employee relationship? Yes No 1.) Full Name of Driver: Texas DL No.: Exp: TDLR Operator No: Exp: 2.) Full Name of Driver: Texas DL No.: Exp: TDLR Operator No: Exp: 3.) Full Name of Driver: Texas DL No.: Exp: TDLR Operator No: Exp: 4.) Full Name of Driver: Texas DL No.: Exp: TDLR Operator No: Exp: 5.) Full Name of Driver: Texas DL No.: Exp: TDLR Operator No: Exp: 6.) Full Name of Driver: Texas DL No.: Exp: TDLR Operator No: Exp: 7.) Full Name of Driver: Texas DL No.: Exp: TDLR Operator No: Exp: For each driver attach a copy of (1) an incident management towing license issued by the state department of licensing and regulation and (2) a copy of a driver s license City of Baytown Tow Truck Permit Application Page 3 of 6

4 In addition to all of the above listed information, and noted attachments, below is a list of additional requirements/attachments that must be included with your application packet. Please note that applications that are not complete shall be returned unprocessed and can delay the processing of your application. Attachment Number Other Requirements Attachment Description Is the Required Documentation Attached to this Application? 1 Completed original, signed, and notarized Tow Agreement with associated exhibits Yes No 2 Copy of Certificate of Incorporation or Partnership Agreement, as needed Yes No Proof of insurance coverage of no less than that required by the State. Insurance coverage means an insurance policy(ies) 3 and/or certificate(s) of insurance covering all tow trucks of the insured. Insurance companies must be qualified to do business in the State of Texas. All policies or certificates of insurance must show the year, make, model, state license number and Yes No VIN of all two trucks which have been authorized to operate by the City of Baytown. They must contain a provision of at least thirty (30) days written notice to the City Clerk prior to the date of cancellation before such a policy may be cancelled by the insurer for any cause. 4 Copy of City of Baytown Tax Statement Yes No Payment of associated fees: 5 Application Fee: $25.00 (nonrefundable) Operator License Fee: $15.00 each (nonrefundable) Tow Truck Inspection Fee: $50.00 each nonrefundable) Contract Fee: $ for the first truck and $75.00 for each additional tow truck listed under this permit Yes No City of Baytown Tow Truck Permit Application Page 4 of 6

5 Affidavit I, Towing Company ( Owner/Representative) hereby agree to obey the provisions of all rules and regulations promulgated by the Chief of Police, City Ordinances, State Statutes, and Federal Laws. I also hereby state that the facts set out in the foregoing application are true and correct. Signature THE STATE OF TEXAS COUNTY OF HARRIS Title SUBSCRIBED AND SWORN before me, this day of. Seal) NOTARY PUBLIC STATE OF TEXAS City of Baytown Tow Truck Permit Application Page 5 of 6

6 Other Important Information The City Clerk s office reserves the right to deny an incomplete application. Therefore, all requested documents must be submitted whether or not the City Clerk s office currently holds any active documentation for your current towing service. It is the responsibility of the Tow Truck Company to furnish any and all updated or renewed documents to the City Clerk s office throughout the permit year. Failure to ensure compliance with all State and local regulations may result in possible revocation of the permit. All permits expire September 30th of each year and must be renewed annually. All vehicles must be inspected by the Baytown Police Department. Once the initial processing of your application is completed, the City Clerk s Office will send a list of tow trucks that are ready for inspection to Sergeant Hendricks. The City Clerk s Office will notify the Towing Company when they can arrange for the inspection of their tow truck(s). Please contact Sergeant Lee Hendricks, 307 S. Main Street Baytown, TX 77520; Phone 1: (281) , Phone 2: (832) The tow truck operator/driver identification cards will be processed in the City Clerk s Office be prepared to have all operator/drivers prepared to take a picture in the City Clerk s Office for their respective ID cards. Should you have any questions, feel free to contact the City Clerk s office, Phone: ( 281) Fax: 281) Web: Submission Instructions: Mail or deliver original application to: City of Baytown, City Clerk, 2401 Market Street, Baytown, TX The City Clerk s office accepts only cash or checks for payment. 10/03/2014 LB City of Baytown Tow Truck Permit Application Page 6 of 6

7 TOW AGREEMENT (REGULAR ROTATION) THE STATE OF TEXAS COUNTY OF HARRIS This Tow Agreement ( the " Agreement ") is made and entered into by and between the City of Baytown, Texas, a municipal corporation principally situated in Harris County ( the City "), and the Company identified below. WHEREAS, Chapter 102 of the Code of Ordinances, Baytown, Texas, authorizes the City of Baytown, upon recommendation of its City Clerk, to enter into an agreement with a towing company that has been issued a tow truck permit pursuant to the Code of Ordinances, holds a towing company license, and either holds or has employees who hold an incident management permit issued by the Texas Department of Licensing and Regulation, hereinafter the Act," to perform " Non- Consent Tows" within the meaning of Ordinances; and of the Code of WHEREAS, the Company, identified below, holds a towing company license and either holds or has employees who hold an incident management towing permit issued by the Texas Department of Licensing and Regulation and a City tow truck permit for the tow truck(s) identified below, true copies of which permits are attached to and made a part of this Agreement as Exhibits "A" and " B "; and WHEREAS, the Company desires to perform non - consent tows for the City; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that in consideration of the premises and the covenants hereinafter set forth, the City of Baytown and the Company have mutually agreed as follows: I. Identity of Towing Company and Vehicles The tow truck(s) that may perform nonconsent tows under this Agreement is identified in Exhibit " C," by make, model, year and vehicle identification number and is hereinafter whether singular or plural referred to as the " tow truck." Evidence of the ownership of the tow truck is attached to and made a part of this Agreement as Exhibit "D." The " Company" that owns or leases the tow truck is Name of Owner). The Company is: ( Check one, as applicable) a. [ ] a proprietorship. b. [ ] a partnership. C. [ ] a limited partnership. d. [ ] a corporation or other entity.

8 Attached hereto as Exhibit " E" and made a part hereof for all intents and purposes is a copy of 1] any assumed name certificate, [ 2] any partnership agreement disclosing the names of all general or limited partners at the time of this agreement if a partnership, or [ 3] a copy of the articles of incorporation and certificate from the corporate secretary setting forth the names of all persons owning ten percent ( 10 %) or more of the outstanding stock at the time of this agreement if a corporation or other legal entity The state vehicle storage facility number inside the corporate city limits of Baytown that the Company will use for vehicles towed pursuant to this Agreement is: VSF# Located at: All information included in the application and in this Agreement, will be updated, within ten ( 10) days, each and every time there is a change. II. Tow Truck Operations The Company represents that it is familiar with the provisions of Article III of Chapter 102 of the Code of Ordinances, Baytown, Texas, as amended, which provisions are hereby incorporated into and made a part of this Agreement by reference. The Company agrees to comply with said provisions and the other terms and conditions of this Agreement in the operation of the tow truck(s). The Company also agrees that it and its officers, agents and employees will comply with all state and local laws, rules and regulations applicable to the operation of the tow truck(s). It is expressly understood and agreed that any amendments hereafter adopted by the City Council of the City of Baytown, Texas, to the aforesaid Article III of Chapter 102 of the Code of Ordinances or other laws that are applicable will become part of this Agreement by reference upon their effective date. It shall be the obligation of the Company to take notice of such amendments by virtue of their adoption, and the City shall not be obligated to provide any personal notice of such amendments to the Company Company agrees to provide towing service on a twenty -four hour per day basis, without prejudice to ability to pay by the owner or operator of the towed motor vehicle. The Company shall be required to be open to the public for release of motor vehicles as required under the Texas Vehicle Storage Facility Act and regulations thereunder. A violation of this provision may result in cancellation of the Agreement pursuant to the provisions of this Agreement In consideration for being placed on the regular rotation list for nonconsent tows, the Company agrees to pay to the City a fee in the amount of THREE HUNDRED AND NO /100 DOLLARS ($ ) for the first tow truck plus an additional SEVENTY -FIVE AND NO /100 DOLLARS ($ ) per tow truck thereafter as identified in Exhibit " C." At the time of Nonconsent Tow Agreement, Page 2

9 execution of this Agreement, the Company understands and agrees that it shall not charge more than the following fees for towing services: a. A tow from the regular rotation list is defined as picking up the vehicle or moving and towing the vehicle from the scene to the vehicle storage facility of the Company, which is located within the area described in 2.06, or if moved to any other location within the city limits of Baytown, such location shall be specified in writing on the tow truck ticket form and signed by the vehicle owner /operator. There will be no additional charges to disengage one vehicle from another, as this will be considered part of a normal tow when the vehicles are moved from the street. The standard charge for a tow initiated from the regular rotation list as described hereinabove of a vehicle including a motorcycle shall not exceed ONE HUNDRED AND FIFTY AND NO /100 DOLLARS ($ ). This charge shall apply day or night, holidays or Sundays. b. If the owner /operator of the vehicle being towed specifies at the scene of the accident that the vehicle is to be towed to a place of business within the city limits of Baytown which at that time is not open for business or has no one on duty to receive the wrecked vehicle or if the owner /operator of the vehicle being towed requires the vehicle to be moved or transferred and no location has been specified by him at the scene of the accident or within seven ( 7) calendar days from the date of the tow from the scene of the accident, there may be an additional charge not to exceed SIXTY -FIVE AND NO /100 DOLLARS ($ ) for transferring the vehicle to the specified location within the city limits of Baytown. This charge shall apply day or night, holidays or Sundays. C. The maximum charge for any and all tows from the scene of an accident in the city limits shall be TWO HUNDRED FIFTEEN AND NO /100 DOLLARS ). Such tow shall include the tow as described in subsection ( a) and one transfer as described in subsection (b). d. A charge of TWENTY AND NO /100 DOLLARS ($ 20.00) per day may be made for the storage of vehicles not longer than 25 feet and THIRTY -FIVE AND NO /100 DOLLARS ($ 35.00) per day may be made for the storage of vehicles longer than 25 feet. Such fee may be charged for a day regardless of whether the vehicle is stored for twenty -four (24) hours of the day, except that a daily storage fee may not be charged for more than one day if the vehicle remains at the vehicle storage facility less than twelve ( 12) hours. A " day" shall begin and end at midnight. e. No charge may be assessed for moving a vehicle within a storage area. No charge may be assessed for moving a vehicle from the storage area to the street or public place located in front of the vehicle storage facility, when no access into the vehicle storage facility is granted, and all tow and storage fees have been paid. Nonconsent Tow Agreement, Page 3

10 f. Should the owner /operator of the vehicle being towed specify at the scene of the accident that the vehicle is to be towed to a place of business or location which is not within the city limits of Baytown, the Company, except as otherwise provided in this subsection, may not tow the vehicle until the owner /operator of the vehicle being towed and the Company have negotiated in writing signed by both parties an agreed upon fee for the towing services. If the Company tows the vehicle outside the city limits of Baytown without agreeing upon a fee with the owner /operator prior to the tow, the Company may charge no more than the maximum fee specified in subsection ( c) hereinabove. If the owner /operator and the Company are unable to agree upon a fee for towing services outside the city limits of Baytown, the Company may tow the vehicle to the storage facility of the tow truck company, which is located within the city limits of Baytown or to a location in the city limits as designated by the owner /operator of the vehicle. If another location is designated within the city limits of Baytown, this designation shall be in writing on the tow truck ticket form, signed by the owner /operator of the vehicle. g. The Company shall be responsible for each vehicle and its contents while in its care, custody and control. h. The Company understands and agrees that should it fail to respond when requested within the required time or is unable to perform the tow for any reason, the City may contact another towing service, to tow the subject vehicle. An operator towing a vehicle impounded for driving under the influence of alcohol or drugs shall be released without charge if the driver is later released without charges Company understands and agrees that any party believing that an overcharge has occurred for towing service provided pursuant to this Agreement may, on or before thirty (30) days from the date of such overcharge, notify the tow truck company of such overcharge. Such notice shall be in writing forwarded to the address of the tow truck company as reflected in the records of the City Clerk by registered or certified mail, return receipt requested. Such notice shall be deemed received five ( 5) days after the date of mailing. Within fifteen ( 15) days of receipt of such notice, said tow truck company shall refund the overcharge or deny the overcharge. Such denial shall be in writing specifying the justification for the charges contested. A copy of the denial and of the overcharge complaint shall be delivered to the City Clerk and the complainant by registered or certified mail, return receipt requested. Such overcharge claim and denial shall be referred to the tow truck committee for determination at its next meeting No vehicle shall be towed hereunder except upon written authorization of a city official or as directed by the vehicle owner /operator in the form required under Article III of Chapter 102 of the Code of Ordinances, Baytown, Texas. Nonconsent Tow Agreement, Page 4

11 2. 06 Company hereby warrants that it owns or contracts for use a vehicle storage facility within the corporate limits of the City of Baytown, which is licensed by state law as suitable for the protection of stored vehicles and fenced as required by city ordinance Company further understands and agrees that throughout the term of this Agreement, it shall not become indebted to the city for any delinquent taxes levied No charge may be assessed for impoundment other than those specifically prescribed by the Act. Administrative fees are prohibited The City of Baytown hereby designates the Company identified in above to perform " Nonconsent Tows" with the tow truck identified in within the meaning of that term as defined in Article III of Chapter 102 of the Code of Ordinances, Baytown, Texas. It is expressly understood that this Agreement does not constitute any promise or obligation by the City to cause any vehicle to be towed by the Company. III. Term The term of the Agreement shall commence upon the date of the signature by the City Manager and end on September 30, 20_, unless sooner terminated in accordance with 3. 02, 3. 03, 3. 04, 3. 05, 4.02, or The Company may terminate this Agreement, without cause, upon thirty ( 30) days' written notice to the City of Baytown The City may terminate this Agreement, without cause, upon thirty ( 30) days' written notice to the Company In the event the tow truck committee, a city official, or the city clerk has reason to believe that the Company has failed to timely or fully perform any obligation assumed under this Agreement, the issue will be presented to the tow truck committee in accordance with Article III, Chapter 102 of the Code of Ordinances. The tow truck committee may suspend for up to one year the Company's permits for any of the following reasons including, but not limited to: a. Violation of any of the laws of the state, federal or city government, commission of an offense as defined by Article III of Chapter 102 of the Code of Ordinances or violation of any of the terms or provisions of this Agreement by a tow truck company, its agent, employee or owner; b. Failure of a tow truck company to meet the requirements as set forth in its application for a tow truck permit; c. Removal of a vehicle regulated by this Agreement to an unapproved vehicle storage facility, another location or outside the corporate limits of the City of Baytown, Nonconsent Tow Agreement, Page 5

12 except upon the informed request of the owner /operator of such vehicle or if the vehicle owner /operator is not available, at the direction of the city official in charge of the towing scene; d. Failure to arrive at the dispatched location within a reasonable time not to exceed thirty (30) minutes after being dispatched by the Communications Department; e. Failure of a tow truck company to have its name permanently displayed on both doors of the tow truck identified in herein. The name shall be clearly visible and be written in letters at least four (4) inches in height; f. Failure of the tow truck company, its owner and/ or employees to provide satisfactory general services or to conduct itself in a reasonable manner; or g. Overcharging for the listed tow or storage services. Decisions of the tow truck committee may be appealed as provided in Article III of Chapter 102 of the Code of Ordinances Baytown, Texas In the event of the termination, suspension, or cancellation of the Company's tow truck registration or permit issued pursuant to the Act, or the Company's tow truck permit issued under Article III of Chapter 102 of the Code of Ordinances, this Agreement shall be terminated contemporaneously therewith and without notice. IV. State Regulation To the extent of any difference in terms between any valid and applicable provision of the Act or any rule or regulation adopted thereunder from time to time by the Texas Department of Safety or other federal or state agencies and the terms and provisions of this Agreement, the more restrictive shall apply. However, no provision of this Agreement shall be construed to obligate the Company to violate the Act or any valid and applicable rule or regulation adopted thereunder The Company and the City acknowledge that they are not aware of any situation in which compliance with this Agreement will cause the Company to violate the Act or any rule or regulation adopted thereunder. In the event that such a situation should arise, the Company shall discontinue operations hereunder and notify the City Clerk thereof in writing; the giving of such notice shall terminate this Agreement unless it is revived and amended by mutual written agreement of the City and the Company. Nonconsent Tow Agreement, Page 6

13 V. Indemnity THE OPERATOR AGREES TO AND SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS, AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS' FEES, FOR DAMAGE TO ANY PROPERTY, LOSS OF REVENUE, OR ANY OTHER INJURIES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES PERFORMED BY THE OPERATOR PURSUANT TO THIS AGREEMENT, THE CONDUCT OR MANAGEMENT OF THE OPERATOR' S ACTIVITIES, OR FROM ANY ACT OR OMISSION BY THE OPERATOR, ITS AGENTS, EMPLOYEES, OR SUBCONTRACTORS, WHERE SUCH DAMAGES, LOSSES OR INJURIES ARE CAUSED BY (I) THE JOINT NEGLIGENCE OF THE CITY AND ANY OTHER PERSON OR ENTITY OR ( II) THE JOINT OR SOLE NEGLIGENCE OF THE OPERATOR. IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH THE OPERATOR AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY THE OPERATOR TO INDEMNIFY AND PROTECT THE CITY FROM ( I) THE CONSEQUENCES OF THE CITY' S OWN NEGLIGENCE, WHERE THAT NEGLIGENCE IS A CONCURRING CAUSE OF THE RESULTING INJURY, DEATH OR DAMAGE AND /OR (II) THE CONSEQUENCES OF THE OPERATOR' S SOLE OR JOINT NEGLIGENCE. FURTHERMORE, THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL HAVE NO APPLICATION TO THE CITY FOR ANY CLAIM, LOSS, DAMAGE, CAUSE OF ACTION, SUIT AND LIABILITY WHERE THE INJURY, LOSS OR DAMAGE RESULTS FROM THE SOLE NEGLIGENCE OF THE CITY, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY. In the event that any action or proceeding is brought against the City by reason of any matter from which the City is indemnified herein, the Company further agrees and covenants to defend the action or proceeding by legal counsel acceptable to the City. This article shall survive the expiration or termination of this Agreement. Nonconsent Tow Agreement, Page 7

14 VI. Insurance 6.01 The Company shall procure and maintain at its sole cost and expense for the duration of the Agreement, insurance against claims for injuries to person or damages to property which may arise from or in connection with the performance of the services provided hereunder by the Company, its agents, representatives, volunteers, employees or subcontractors The Company' s insurance coverage shall be primary insurance with respect to the City, its officials, employees and agents. Any insurance or self - insurance maintained by the City, its officials, employees or agents shall be considered in excess of the Company' s insurance and shall not contribute to it. Further, the Company shall include all subcontractors, agents and assigns as additional insureds under its policy or shall furnish separate certificates and endorsements for each such person or entity. All coverages for subcontractors and assigns shall be subject to all of the requirements stated herein The following is a list of standard insurance policies along with their respective minimum coverage amounts required in this Agreement: a. Business Automobile Liability Policy Limit: $500,000 per vehicle per incident. All insurance policies or certificates of insurance must show the year, make and model; state license number and vehicle identification number of all tow trucks authorized by the City to operate. All drivers of tow trucks shall be named insured on the Company's liability insurance policy. Coverage for "Any Auto." b. Garagekeepers Direct Primary: Not more than 50 vehicles: $ 9, to 99 vehicles: $ 18, or more vehicles $ 25, 000 c. Cargo on Hook Coverage Light/Medium Trucks: $ Heavy Trucks: $ 50,000 per vehicle. 100,000 per vehicle The following shall be applicable to all policies of insurance required herein. a. Insurance carrier must have an A.M. Best Rating of B +: VI or better. Nonconsent Tow Agreement, Page 8

15 b. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. C. Liability policies must be on occurrence form. d. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except after thirty 30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. The City, its officers, agents and employees are to be added as Additional Insureds to all liability policies, with the exception of the Errors and Omissions Policy required herein. f. Upon request and without cost to the City, certified copies of all insurance policies and/or certificates of insurance shall be furnished to the City. g. Upon request and without cost to the City, loss runs ( claims listing) of any and/or all insurance coverages shall be furnished to the City. h. All insurance required herein shall be secured and maintained in a company or companies satisfactory to the City, and shall be carried in the name of the Company. The Company shall provide copies of insurance policies required hereunder to the City upon request. VII. Notices Any notice that is required or permitted to be given by the City to the Company hereunder may be mailed to the operator by certified U. S. Mail, return receipt requested, postage prepaid, addressed to: or may be given by personal delivery to the Company or any of its agents or employees at the following local address: Nonconsent Tow Agreement, Page 9

16 7. 02 Any notice that is required or permitted to be given by the Company to the City hereunder may be mailed to the City by certified U.S. Mail, return receipt requested, postage prepaid, addressed to: City of Baytown Attention: City Clerk P. O. Box 424 Baytown, Texas or may be given by personal delivery to: City of Baytown Attention: City Clerk 2401 Market Street Baytown, TX Notices mailed as above shall be deemed given on the third regular postal delivery day after the date of their deposit in the U.S. Mail. Notice delivered by personal delivery shall be deemed given upon their delivery Either party may change its address for notice upon written notice to the other party hereto. VIII. General This Agreement shall terminate upon any attempted assignment, subcontract, lease or other subletting of any obligation assumed hereunder unless the City Clerk has given prior written approval thereof. This Agreement shall also terminate upon any attempted sale of the tow truck or any interest therein (including, but not limited to, the conveyance of any partnership interest, if a partnership, or cumulative transfer of ten percent ( 10 %) or more of the outstanding stock, if a corporation), unless the City Clerk has given prior written approval therefor This Agreement shall be construed in accordance with the laws of the State of Texas and the Charter and Ordinances of the City All obligations hereunder shall be performed in the City of Baytown The Company agrees not to employ or allow any person to continue to be employed as an agent or employee upon or in any connection with the tow truck who has been either: a. an operator of a tow truck whose tow agreement with the City has been terminated for cause within the five ( 5) year period preceding the effective date of this Agreement, or b. the agent or employee of the operator described in subsection ( a) who caused in whole or in part a tow agreement with the City to be terminated for cause within the preceding five (5) year period. Nonconsent Tow Agreement, Page 10

17 8. 05 Notwithstanding any other sections, it is expressly understood and agreed that a suspension or termination for cause under this Agreement that has occurred under this Agreement shall apply equally to any and all other Tow Agreements held by the Company. A suspension or termination hereunder shall not affect the operator's right to utilize the tow truck for any other lawful purpose for which the Company still holds current and valid permits or licenses, as required by law It is expressly understood and agreed that in all instances involving a vehicle towed upon authority of a city official, the Company or its employee or agent, must deliver the vehicle to the place designated on the signed tow truck ticket Company acknowledges and understands that the City shall not be obligated to pay any fees for the purpose of this Agreement. The only considerations Company shall receive are the fees it may collect from the storage facility accepting the vehicle for storage or the vehicle owner /operator. 8The Police Chief may issue rules and regulations governing the operation of tow trucks while performing tows. A copy of the rules and regulations shall be provided to each Agreement holder at its last known address. Compliance with the rules and regulations is a condition of this Agreement This instrument inclusive of the documents incorporated herein by reference or as exhibits hereto, constitutes the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed, and it may be amended only by instrument of equal dignity hereto executed by both parties. Executed in duplicate counterparts, each having the force and effect of the original on this the day of, 20_. CITY OF BAYTOWN ATTEST Robert D. Leiper, City Manager Leticia Brysch, City Clerk COMPANY ATTEST (if a corporation) Print or type name) ( Print or type name) Title) ( Title) Nonconsent Tow Agreement, Page I 1

18 THE STATE OF TEXAS COUNTY OF HARRIS BEFORE ME,, the undersigned notary public, on this day of personally appeared in his /her capacity as, on behalf of such ( corporation, partnership, proprietorship, limited partnership, company) check one of the following:) known to me; proved to me on the oath of ; or proved to me through his/her current ( description of identification card or other document issued by federal government or any state government that contains the photograph and signature of the acknowledging person to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he /she executed that instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of, 20 Seal) Notary Public in and for the State of Texas Nonconsent Tow Agreement, Page 12

19 RULES AND REGULATIONS GOVERNING TOW TRUCKS L SPECIFICATIONS AND REOUIRED EQUIPMENT All tow trucks, heavy duty tow trucks, and emergency tow trucks shall be provided with the following minimum equipment which equipment shall be adequate for the purpose( s) for which it is designed and shall further be kept in usable condition at all times: A. One fire extinguisher that is properly filled and located so that it is readily accessible for use. The fire extinguisher must be securely mounted on the vehicle. It must be designed, constructed, and maintained so as to permit visual determination of whether it is fully charged. The fire extinguisher must not have an extinguishing agent that gives off vapor more toxic than those produced by the substances shown as having a toxicity rating of 5 or 6 in the Underwriters Laboratories Classification of Comparative Life Hazard of Gases and Vapors. Such fire extinguisher must have an Underwriters Laboratory rating of #5 ABC or more. Each fire extinguisher required by this section must be labeled or marked with Underwriters Laboratories rating. B. Three ( 3) flares or three ( 3) red electric lanterns or three ( 3) portable red emergency reflectors, each of which shall be capable of being seen and distinguished at a distance of not less than six hundred feet ( 600') under normal atmospheric conditions at nighttime. No flare, fuse, electric lantern, or warning flag shall be used for the purpose of compliance with the requirements of this section unless such equipment has been approved by the Texas Department of Public Safety. C. If a tow truck is equipped with a tow bar, it shall have a rubber covering which covering shall be one inch in thickness and cover the entire bridle. The tow bar is a part of the tow truck and is used to hold a vehicle which has been elevated for towing in a rigid position and to prevent swinging of such raised vehicle as it is being towed. When a vehicle is being towed, the bar shall be in place to prevent Nonconsent Tow Agreement, Page I

20 swinging. A pliable non - scuffing sling may be used in lieu of the above- described tow bars. D. Broom, shovel, and sand box: All tow truck operators must clean up all debris and oil at the scene of an accident. The tow truck operator must carry all debris away. Every tow truck eligible to be summoned to an accident shall carry the above equipment at all times. E. Tow trucks must be equipped with dolly wheels ( heavy duty tow truck and rollbacks excluded). All tow trucks must be equipped with dual rear wheels and heavy -duty tow trucks and rollbacks are required to have tandem rear dual wheels. F. Permit holders will have the name of holder ( company name) permanently attached to both doors. This shall be in letters not less than four inches ( 4 ") in height. Each tow truck company will display the permit number on the upper center portion of the windshield or other location on the windshield as determined by the designated employee of the city garage. These numbers will be attached to a transparent sticker and furnished by the designated employee of the city garage. II. DISPATCHING OF TOW TRUCKS: A. Tow trucks will not go within 500 feet of the scene of the dispatched tow within the city limits of Baytown unless dispatched by the City' s Communication Center. The tow truck operator will take the vehicle to a vehicle storage facility within the city limits of Baytown unless otherwise designated by the owner of the vehicle or the city official. If the owner is incapacitated, the tow truck operator will move the vehicle to its vehicle storage facility within the city limits of Baytown and store safely until advised by the owner or his agent where repairs are to be made. 1. Stolen vehicles, vehicles with holds placed by a peace officer, and Nonconsent Tow Agreement, Page 2

21 prisoner' s vehicles will be taken to the towing company' s vehicle storage facility unless directed by a police officer to take the vehicle to the Police Pound located at 3200 North Main. Note: When a vehicle is brought to the Police Pound, the towing company must have a City of Baytown Police Department tow truck ticket form filled out and must present the keys to the desk officer. B. No tow truck will be allowed to load any vehicle at the scene of dispatched location for tow within the City of Baytown if said tow truck arrives at the scene later than thirty (30) minutes from the time dispatched. The tow truck that is late will be placed at the bottom of the rotation list, and the next tow truck on the top will be called. There shall be an exception to this section when, in the opinion of the police duty supervisor, it appears that the conditions would not allow compliance within the time limitations. C. No permit holder will be allowed to load a vehicle at a scene onto a tow truck other than one permitted to the Company dispatched to the scene. No sharing of tow trucks will be permitted. R :\Karen\Files \Contracts\Police- Initiated Tow Agreement \Agreement docx Nonconsent Tow Agreement, Page 3

22 THE STATE OF TEXAS COUNTY OF HARRIS TOW AGREEMENT FOR HEAVY-DUTY TOW TRUCKS This Tow Agreement for Heavy-Duty Tow Trucks ( the Agreement ) is made and entered into by and between the City of Baytown, Texas, a municipal corporation principally situated in Harris County (the "City"), and the Operator identified below. WHEREAS, Chapter 102 of the Code of Ordinances, Baytown, Texas, authorizes the City of Baytown, upon recommendation of its City Clerk, to enter into an agreement with the owner of any tow truck operating within the City of Baytown who holds a tow truck permit issued pursuant to the Code of Ordinances and an incident management towing permit issued under the Texas Towing and Booting Act (the Act ) by the Texas Department of Licensing and Regulation, to perform nonconsent tows within the meaning of of the Code of Ordinances; and WHEREAS, the Operator, identified below, holds an incident management towing permit issued by the Texas Commission of Licensing and Regulation and a City tow truck permit for the Tow Truck(s) identified below, true copies of which are attached to and made a part of this Agreement as Exhibits "A" and "B"; and WHEREAS, the Operator desires to perform heavy-duty nonconsent tows for the City; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that in consideration of the premises and the covenants hereinafter set forth, the City of Baytown and the Operator have mutually agreed as follows: I. Identity of Heavy-Duty Tow Truck Operator 1.01 The heavy-duty tow truck that may perform heavy-duty nonconsent tows under this Agreement is a ( model, year, and make), which has the following vehicle identification number ( VIN ), and is hereinafter referred to as the Tow Truck The person who owns the Tow Truck is (Name of Owner) (the Operator ). The Operator is: (Check one, as applicable) a. [ ] a proprietorship. b. [ ] a partnership. c. [ ] a limited partnership. d. [ ] a corporation. Tow Agreement for Heavy-Duty Tow Trucks, Page 1

23 Evidence of the ownership of the Tow Truck(s) is/(are) attached to and made a part of this Agreement as Exhibit "C" (Attach true copy of the vehicle title or lease contract under which the Tow Truck is operated. Also attach a copy of [ 1] assumed name certificate if a proprietorship, [ 2] partnership agreement disclosing the names of all general or limited partners at the time of this agreement if a partnership, or [3] a copy of the Articles of Incorporation and Certificate from the corporate secretary setting forth the names of all persons owning ten percent 10%) or more of the outstanding stock at the time of this agreement if a corporation). II. Heavy-Duty Tow Truck Operations 2.01 The Operator represents that he is familiar with the provisions of Article III of Chapter 102 of the Code of Ordinances, Baytown, Texas, as amended, which provisions are hereby incorporated into and made a part of this Agreement by reference. The Operator agrees to comply with said provisions and the other terms and conditions of this Agreement in the operation of the Tow Truck. The Operator also agrees that he and his officers, agents and employees will comply with all state and local traffic laws applicable to the operation of the Tow Truck. It is expressly understood and agreed that any amendments hereafter adopted by the City Council of the City of Baytown, Texas, to the aforesaid Article III of Chapter 102 of the Code of Ordinances or other laws that are applicable will become part of this Agreement by reference upon their effective date. It shall be the obligation of the Operator to take notice of such amendments by virtue of their adoption, and the City shall not be obligated to provide any personal notice of such amendments to the Operator Operator agrees to provide heavy-duty towing service on a twenty-four hour per day basis, without prejudice to the ability to pay by the owner or operator of the towed motor vehicle. The Operator shall be required to be open to the public for release of motor vehicles as required under the Texas Vehicle Storage Facility Act and regulations thereunder. A violation of this provision may result in cancellation of the Agreement pursuant to the provisions of this Agreement The Operator further agrees that he will perform heavy-duty nonconsent tows in consideration of a reasonable fee based upon time, labor and materials expended. The Operator understands and agrees as follows: a. The Operator may not tow the vehicle until the owner/operator of the vehicle being towed and the Operator have negotiated in writing signed by both parties an agreed upon fee for the towing services. In the event the owner/operator of the vehicle is unable or incapable of negotiating a fee, the fee will be equal to the lesser of (i) that fee set by the Harris County Sheriff s Office at the time of the tow or (ii) two hundred fifty dollars ($250.00) per hour for each heavy-duty truck needed on site with a two hour minimum charge. If there is additional equipment or supplies required to move the vehicle to be towed, the vehicle owner or operator shall pay for any and all costs of such equipment or supplies reasonably necessary for the tow of the vehicle. The police officer or supervisor on the scene Tow Agreement for Heavy-Duty Tow Trucks, Page 2

24 shall verify on the tow slip that the charges and equipment listed on the tow slip were used at the scene. b. In the event extraordinary charges are incurred in towing the heavy-duty vehicle, or if a dispute arises as to the reasonableness or necessity of any charges incurred by the Operator in performing the tow, the Operator has a right to a hearing before the Tow Truck Committee of the City of Baytown to validate any such charges. c. The Operator shall be responsible for each vehicle and its contents while in its care, custody and control. d. Should the Operator fail to respond when requested or is unable to perform the tow for any reason, the City may contact another towing service, to tow the subject vehicle. e. An Operator towing a vehicle impounded for driving under the influence of alcohol or drugs shall be released without charge if the driver is later released without charges. The Operator will not be required to release the vehicle without charge unless written confirmation from a law enforcement agency is presented by: (i) the vehicle driver; (ii) the vehicle owner; or (iii) a representative of the vehicle owner. At such time the Operator will contact the City for reimbursement of all reasonable charges relating to the towing of the vehicle. If a dispute arises between the City and the Operator the Tow Truck Committee shall hear the dispute at its next regularly scheduled meeting Operator understands and agrees that any party believing that an overcharge has occurred for towing service provided pursuant to this Agreement ( the complainant ) may, on or before thirty (30) days from the date of such alleged overcharge, notify in writing the Operator of such alleged overcharge. The complainant shall forward the written notice to the address of the Operator as reflected in the records of the City Clerk by registered or certified mail, return receipt requested. Such notice shall be deemed received five (5) days after the date of mailing. Within fifteen ( 15) days of Operator s receipt of such notice, said Operator shall refund any overcharge or deny the alleged overcharge. If the Operator denies the alleged overcharge, the Operator within such fifteen- (15) day period shall send written notice of the denial by registered or certified mail, return receipt requested to the complainant and shall specify in such notice the justification for the charges contested. At the same time, the Operator shall send a copy of the denial and of the complainant s notice alleging an overcharge to the City Clerk by registered or certified mail, return receipt requested If the Operator fails to refund an alleged overcharge or deny the alleged overcharge in writing within the fifteen- (15) day period and if the complainant within 60 days of the alleged overcharge submits to the City Clerk a written request for a hearing before the Tow Truck Committee to consider his overcharge claim, the City Clerk shall refer such overcharge claim to the Tow Truck Committee for a hearing to be held pursuant to Section of the Code of Ordinances. The City Clerk shall give written notice of the hearing to both the complainant and the Operator within the time period prescribed in subsection (c). Tow Agreement for Heavy-Duty Tow Trucks, Page 3

25 2.05 No vehicle shall be towed hereunder except upon written authorization of a city official in the form required under Article III of Chapter 102 of the Code of Ordinances, Baytown, Texas Operator hereby warrants that he has a vehicle storage facility within the corporate limits of the City of Baytown, which is licensed by state law as suitable for the protection of stored heavy-duty vehicles and in compliance with all state and local laws, rules and regulations Operator further understands and agrees that throughout the term of this Agreement, he shall not become indebted to the city for any delinquent taxes levied The City of Baytown hereby authorizes the Operator identified in 1.02 above to perform heavy-duty " nonconsent tows" with the Tow Truck(s) identified in 1.01 within the meaning of that term as defined in Article III of Chapter 102 of the Code of Ordinances, Baytown, Texas. It is expressly understood that this Agreement does not constitute any promise or obligation by the City to cause any vehicle to be towed by the Operator. III. Term 3.01 The term of the Agreement shall commence upon the date of the signature by the City Manager and end on September 30, 20, unless sooner terminated in accordance with 3.02, 3.03, 3.04, 3.05, 4.02, or The Operator may terminate this Agreement, without cause, upon thirty (30) days written notice to the City of Baytown The City may terminate this Agreement, without cause, upon thirty ( 30) days written notice to the Operator In the event a member of the Tow Truck Committee, a city official, or the City Clerk has reason to believe that the Operator has failed to fully perform any obligation assumed under this Agreement, such alleged failure shall be submitted to the Tow Truck Committee for consideration at a hearing held pursuant to Section of the Code of Ordinances. The City Manager may upon recommendation of the Tow Truck Committee terminate this Agreement, in whole or in part or suspend for up to one year the Operator's permit for any such violation and/or for any of the following reasons: a. Violation of any of the laws of the state, federal or city government, Commission Rules of the Texas Department of Licensing and Regulation, commission of an offense as defined by Article III of Chapter 102 of the Code of Ordinances, or violation of any of the terms or provisions of this Agreement by the Operator, its agent, employee or owner; Tow Agreement for Heavy-Duty Tow Trucks, Page 4

26 b. Failure of the Operator to meet the requirements as set forth in its application for a tow truck permit; c. Removal of a vehicle regulated by this Agreement to an unapproved storage location or outside the corporate limits of the City of Baytown, except upon the informed request of the owner/operator of such vehicle or the direction of the city official in charge of the towing scene; d. Failure to arrive at the dispatched location within a reasonable time after being dispatched by the Communications Division; e. Failure of the Operator to have its name permanently displayed on both doors of the Tow Truck identified in 1.01 herein. The name shall be clearly visible and be written in letters at least four (4) inches in height; or f. Failure of the Operator, its owner and/or employees to provide satisfactory general services or to conduct itself in a reasonable manner. Any person shall have the right to appeal any decision of the Tow Truck Committee to the City Council as provided in Article III of Chapter 102 of the Code of Ordinances Baytown, Texas In the event of the termination, suspension, or cancellation of the Operator's Tow Truck permit issued pursuant to the Act, or the Operator's tow truck permit issued under Article III of Chapter 102 of the Code of Ordinances, this Agreement shall be terminated, suspended, or cancelled contemporaneously therewith and without advanced notice. IV. State Regulation 4.01 To the extent of any difference in terms between any valid and applicable provision of the Act or any rule or regulation adopted thereunder from time to time by the Texas Department of Safety, the Texas Department of Licensing and Regulation or other federal or state agencies and the terms and provisions of this Agreement, the more restrictive shall apply. However, no provision of this Agreement shall be construed to obligate the Operator to violate the laws of the State of Texas or any valid and applicable rule or regulation adopted thereunder The Operator and the City acknowledge that they are not aware of any situation in which compliance with this Agreement will cause the Operator to violate the laws of the State of Texas or any rule or regulation adopted thereunder. In the event that such a situation should arise, the Operator shall discontinue operations hereunder and notify the City Clerk thereof in writing; the giving of such notice shall terminate this Agreement unless or until it is revived and amended by mutual written agreement of the City and the Operator. Tow Agreement for Heavy-Duty Tow Trucks, Page 5

27 V. Indemnity THE OPERATOR AGREES TO AND SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS, AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS' FEES, FOR DAMAGE TO ANY PROPERTY, LOSS OF REVENUE, OR ANY OTHER INJURIES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES PERFORMED BY THE OPERATOR PURSUANT TO THIS AGREEMENT, THE CONDUCT OR MANAGEMENT OF THE OPERATOR S ACTIVITIES, OR FROM ANY ACT OR OMISSION BY THE OPERATOR, ITS AGENTS, EMPLOYEES, OR SUBCONTRACTORS, WHERE SUCH DAMAGES, LOSSES OR INJURIES ARE CAUSED BY (I) THE JOINT NEGLIGENCE OF THE CITY AND ANY OTHER PERSON OR ENTITY OR ( II) THE JOINT OR SOLE NEGLIGENCE OF THE OPERATOR. IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH THE OPERATOR AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY THE OPERATOR TO INDEMNIFY AND PROTECT THE CITY FROM ( I) THE CONSEQUENCES OF THE CITY'S OWN NEGLIGENCE, WHERE THAT NEGLIGENCE IS A CONCURRING CAUSE OF THE RESULTING INJURY, DEATH OR DAMAGE AND/OR (II) THE CONSEQUENCES OF THE OPERATOR S SOLE OR JOINT NEGLIGENCE. FURTHERMORE, THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL HAVE NO APPLICATION TO THE CITY FOR ANY CLAIM, LOSS, DAMAGE, CAUSE OF ACTION, SUIT AND LIABILITY WHERE THE INJURY, LOSS OR DAMAGE RESULTS FROM THE SOLE NEGLIGENCE OF THE CITY, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY. In the event that any action or proceeding is brought against the City by reason of any matter from which the City is indemnified herein, the Operator further agrees and covenants to defend the action or proceeding by legal counsel acceptable to the City. This article shall survive the expiration or termination of this Agreement. Tow Agreement for Heavy-Duty Tow Trucks, Page 6

28 VI. Insurance 6.01 The Operator shall procure and maintain at its sole cost and expense for the duration of the Agreement, insurance against claims for injuries to person or damages to property which may arise from or in connection with the performance of the services provided hereunder by the Operator, its agents, representatives, volunteers, employees or subcontractors The Operator s insurance coverage shall be primary insurance with respect to the City, its officials, employees and agents. Any insurance or self-insurance maintained by the City, its officials, employees or agents shall be considered in excess of the Operator s insurance and shall not contribute to it. Further, the Operator shall include all subcontractors, agents and assigns as additional insureds under its policy or shall furnish separate certificates and endorsements for each such person or entity. All coverages for subcontractors and assigns shall be subject to all of the requirements stated herein The following is a list of standard insurance policies along with their respective minimum coverage amounts required in this Agreement: a. Business Automobile Liability Policy Limit: $500,000 All insurance policies or certificates of insurance must show the year, make and model; state license number and vehicle identification number of all tow trucks authorized by the City to operate. All drivers of tow trucks shall be named insured on the Operator's liability insurance policy. Coverage for Any Auto. b. Garagekeepers Direct Primary: Not more than 50 vehicles: $ 9, to 99 vehicles: $18, or more vehicles $25,000 c. Cargo on Hook Coverage Light/Medium Trucks: Heavy-Duty Trucks: $ 50,000 per vehicle. $ 50,000 per vehicle The following shall be applicable to all policies of insurance required herein. Tow Agreement for Heavy-Duty Tow Trucks, Page 7

29 a. Insurance carrier must have an A.M. Best Rating of B+:VI or better. b. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. c. Liability policies must be on occurrence form. d. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except after thirty 30) days prior written notice by certified mail, return receipt requested, has been given to the City. e. The City, its officers, agents and employees are to be added as Additional Insureds to all liability policies, with the exception of the Errors and Omissions Policy required herein. f. Upon request and without cost to the City, certified copies of all insurance policies and/or certificates of insurance shall be furnished to the City. g. Upon request and without cost to the City, loss runs (claims listing) of any and/or all insurance coverages shall be furnished to the City. h. All insurance required herein shall be secured and maintained in a company or companies satisfactory to the City, and shall be carried in the name of the Operator. The Operator shall provide copies of insurance policies required hereunder to the City upon request. VII. Notices 7.01 Any notice that is required or permitted to be given by the City to the Operator hereunder may be mailed to the Operator by Certified U.S. Mail, return receipt requested, postage prepaid, addressed to: or may be given by personal delivery to the Operator or any of his agents or employees at the following local address: Tow Agreement for Heavy-Duty Tow Trucks, Page 8

30 7.02 Any notice that is required or permitted to be given by the Operator to the City hereunder may be mailed to the City by Certified U.S. Mail, return receipt requested, postage prepaid, addressed to: or may be given by personal delivery to: City of Baytown Attention: City Clerk Post Office Box 424 Baytown, Texas City of Baytown Attention: City Clerk 2401 Market Street Baytown, TX Notices mailed as above shall be deemed given on the third regular postal delivery day after the date of their deposit in the U.S. Mail. Notice delivered by personal delivery shall be deemed given upon their delivery Either party may change its address for notice upon written notice to the other party hereto. VIII. General 8.01 The rights herein granted to the Operator and the obligations herein assumed by the Operator shall be personal to the Operator and shall only apply to the Tow Truck identified in Article I, above. This Agreement shall terminate upon any attempted assignment, subcontract, lease or other subletting of any obligation assumed hereunder unless the City Clerk has given prior written approval thereof. This Agreement shall also terminate upon the sale of the Tow Truck This instrument inclusive of the documents incorporated herein by reference or as exhibits hereto, constitutes the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed, and it may be amended only by instrument of equal dignity hereto executed by both parties This Agreement shall be construed in accordance with the laws of the State of Texas and the Charter and Ordinances of the City All obligations hereunder shall be performed in the City of Baytown. Tow Agreement for Heavy-Duty Tow Trucks, Page 9

31 8.05 The Operator agrees not to employ or allow any person to continue to be employed as an agent or employee upon or in any connection with the Tow Truck who has been either: a. an Operator of a tow truck whose tow agreement with the City has been terminated for cause within five ( 5) year period preceding the effective date of this Agreement; or b. the agent or employee of an Operator described in subsection ( a) who caused in whole or in part a tow agreement with the City to be terminated for cause within the preceding five (5) year period It is expressly understood and agreed that a suspension or termination for cause under this agreement that has occurred under this Agreement shall apply equally to any and all other Tow Agreements held by the Operator. A suspension or termination hereunder shall not affect the Operator's right to utilize the Tow Truck for any other lawful purpose for which the Operator still holds current and valid permits or licenses, as required by law It is expressly understood and agreed that in all instances involving a vehicle towed upon authority of a city official, the Operator or his employee or agent, must deliver the vehicle to the place designated on the towing ticket Operator acknowledges and understands that the City shall not be obligated to pay any fees for the purpose of this Agreement. The only considerations Operator shall receive are the fees it may collect from the storage facility accepting the vehicle for storage or the vehicle owner/operator The Police Chief may issue rules and regulations governing the operation of tow trucks while performing tows. A copy of the rules and regulations shall be provided to each Agreement holder at his last known address. Compliance with the rules and regulations is a condition of this Agreement. Executed in duplicate counterparts, each having the force and effect of the original on this the day of, 20. OPERATOR ATTEST (if a corporation) By: Print or type name) ( Print or type name) Title) ( Title) Tow Agreement for Heavy-Duty Tow Trucks, Page 10

32 CITY OF BAYTOWN ATTEST BY: ROBERT D. LEIPER, City Manager LETICIA BRYSCH, City Clerk Tow Agreement for Heavy-Duty Tow Trucks, Page 11

33 THE STATE OF TEXAS COUNTY OF HARRIS BEFORE ME, the undersigned authority, on this day personally appeared who, duly sworn on oath, states that the facts set out in the foregoing application are true and correct. SWORN TO AND SUBSCRIBED, before me, this day of 20. SEAL) Notary Public in and for the State of Texas Corporate Acknowledgment THE STATE OF TEXAS COUNTY OF HARRIS BEFORE ME,, the undersigned notary public, on this day personally appeared, in his/her capacity as of, on behalf of such corporation)(partnership)(proprietorship)(limited partnership) check one of the following): known to me; proved to me on the oath of ; or proved to me through his/her current ( description of identification card or other document issued by federal government or any state government that contains the photograph and signature of the acknowledging person to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed that instrument for the purposes and consideration therein expressed. GIVEN under my hand and seal of office this the day of 20. SEAL) Notary Public in and for the State of Texas Tow Agreement for Heavy-Duty Tow Trucks, Page 12

34 RULES AND REGULATIONS GOVERNING TOW TRUCKS I. SPECIFICATIONS AND REQUIRED EQUIPMENT All tow trucks, heavy-duty tow trucks, and emergency tow trucks shall be provided with the following minimum equipment which equipment shall be adequate for the purpose(s) for which it is designed and shall further be kept in usable condition at all times: A. One fire extinguisher that is properly filled and located so that it is readily accessible for use. The fire extinguisher must be securely mounted on the vehicle. It must be designed, constructed, and maintained so as to permit visual determination of whether it is fully charged. The fire extinguisher must not have an extinguishing agent that gives off vapor more toxic than those produced by the substances shown as having a toxicity rating of 5 or 6 in the Underwriters Laboratories Classification of Comparative Life Hazard of Gases and Vapors. Such fire extinguisher must have an Underwriters Laboratory rating of #5 ABC or more. Each fire extinguisher required by this section must be labeled or marked with Underwriters Laboratories rating. B. Three ( 3) flares or three ( 3) red electric lanterns or three ( 3) portable red emergency reflectors, each of which shall be capable of being seen and distinguished at a distance of not less than six hundred feet (600') under normal atmospheric conditions at nighttime. No flare, fuse, electric lantern, or warning flag shall be used for the purpose of compliance with the requirements of this section unless such equipment has been approved by the Texas Department of Public Safety. C. Broom, shovel, and sand box: All tow truck operators must clean up all debris and oil at the scene of an accident. The tow truck operator must carry all debris away. Every tow truck eligible to be summoned to an accident shall carry the above equipment at all times. Tow Agreement for Heavy-Duty Tow Trucks, Page 13

35 D. Heavy-duty tow trucks shall be have a diesel powered engine on a minimum 5 ton chassis equipped with a wrecker boom capable of lifting at least thirty thousand (30,000) pounds and capable of towing at least eighty thousand (80,000) pounds. The vehicle shall be equipped with (i) a wheel lift or under-reach of sufficient size to tow all types of trucks, tractor and trailers without damage, ( ii) a heavy-duty sling and/or a heavy-duty tow bar, (iii) air brakes, (iv) an auxiliary air supply capable of tying into the air brakes of the disabled vehicle to enable safe towing under the braking control of the tow truck.(v) and dual tandem axles on the rear wheels. E. Permit holders will have the name of holder ( company name) permanently attached to both doors. This shall be in letters not less than four inches ( 4") in height. Each tow truck company will display the permit number on the upper center portion of the windshield or other location on the windshield as determined by the designated employee of the city garage. These numbers will be attached to a transparent sticker and furnished by the designated employee of the city garage. II. DISPATCHING OF TOW TRUCKS: A. Tow trucks will not go to the scene of the dispatched tow within the city limits of Baytown unless dispatched by the City s Communication Center. The tow truck operator will take the vehicle to the place designated by the owner of the vehicle or the city official. If the owner is incapacitated, the tow truck operator will move the vehicle to his storage facility and store safely until advised by the owner or his agent where repairs are to be made. 1. Stolen, holds placed by officer, and prisoner vehicles will be taken to the tow truck operator s storage facility unless directed by a police officer to take the vehicle to 3200 North Main, Police Pound. Tow Agreement for Heavy-Duty Tow Trucks, Page 14

36 Note: When a vehicle is brought to the Police Pound, the tow truck company must have a City of Baytown Police Department tow truck slip filled out and must present the keys to the desk officer. B. No heavy-duty tow truck will be allowed to load any vehicle at the scene of dispatched location for tow within the City of Baytown if said tow truck arrives at the scene after an unreasonable passage of time from the time dispatched. The tow truck that is late will be placed at the bottom of the heavy-duty tow rotation list, and the next tow truck on the top will be called. There shall be an exception to this section when, in the opinion of the police duty supervisor, it appears that the conditions would not allow compliance within the time limitations. C. No permit holder will be allowed to load a vehicle at in a tow truck other than one permitted to the company dispatched to the scene. No sharing of tow trucks will be permitted. Tow Agreement for Heavy-Duty Tow Trucks, Page 15

37 ARTICLE I. - IN GENERAL Secs Reserved. ARTICLE III. - TOW TRUCKS FOOTNOTE(S): 3) --- Editor's note Ord. No. 12,629, 1, 2, adopted Aug. 28, 2014, repealed the former Art. III, , , , and enacted a new Art. III as set out herein. The former Art. III pertained to similar subject matter and derived from Ord. No. 10,257, 1, 2, adopted Feb. 9, 2006; Ord. No. 11,031, 18, adopted Dec. 11, 2008; Ord. No. 11,032, 2, adopted Dec. 11, 2008; Ord. No. 11,280, 1, adopted Dec. 10, 2009; Ord. No. 11,991, 1, 2, adopted July 26, 2012; Ord. No. 12,275, 1, adopted June 13, 2013; Ord. No. 12,302, 1, 2, adopted July 25, See the Code Comparative Table for a complete derivation. State Law reference Tow trucks, Vernon's Ann. Civ. St. art. 6675c. (Back) DIVISION 1. - GENERALLY Sec Purpose and intent. The purpose and intent of this article is to regulate nonconsent tows initiated by a police officer or city official to the extent not pre-empted by federal or state law. This article shall not apply to consent tows from public or private property within the city, except as those described in subsection (a)(2) of this article. Ord. No. 12,629, 2, ) Sec Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: City official is an employee of the city authorized by the city manager to initiate the towing of a vehicle. Consent tow means any tow of a motor vehicle initiated by the owner or operator of the vehicle or by a person who has possession, custody, or control of the vehicle if such tow is performed pursuant to subsection (a)(2) of this article. The term does not include a tow of a motor vehicle initiated by a peace officer investigating a traffic accident or a traffic incident that involves the vehicle or a tow initiated by a city official pursuant to a court order. Heavy-duty rotation list means the list of heavy-duty towing companies who have been permitted by the city and have entered into a contractual relationship with the city to perform heavy-duty nonconsent tows at the request of the city. Nonconsent tow means any tow of a motor vehicle that is not a consent tow and that is regulated by this article consistent with section Nonconsent tow includes a tow made from the scene of a vehicle accident or similar event after the vehicle owner fails to select a towing company or after the selected towing company fails to respond within the time frame established in subsection (a). Permit year means the twelve-month period beginning October 1 and ending on September 30. Page 1

38 Public roadway means a public street, alley, road, right-of-way or other public way, including paved and unpaved portions of the right-of-way. Regular rotation list means the list of towing companies who have been permitted by the city and have entered into a contractual relationship with the city to perform nonconsent tows at the request of the city. The regular rotation list shall be utilized for tows not requiring heavy-duty tow trucks. Tow truck means a motor vehicle, including a wrecker, permitted by the state commission of licensing and regulation and equipped with a mechanical device used to tow, winch, or otherwise move another motor vehicle. Tow truck operator means a person who holds an appropriate license issued by the state commission of licensing and regulation and operates a tow truck permitted by the state commission of licensing and regulation. Towing company means an individual, association, corporation, or other legal entity that controls, operates, or directs the operation of one or more tow trucks over a public roadway in this state but does not include a political subdivision of the state. If an assumed name is used, the term "towing company" will be deemed to be the owner of such assumed name. Tow truck permit means a permit issued by the city to all towing companies that are on the heavy - duty or regular rotation lists, signifying that the tow trucks of that towing company may be dispatched to the scene of an accident. Tow truck ticket form means the form used by vehicle owners for the selection of towing companies, which form is prepared and used as provided in this article. Vehicle means a device in, on, or by which a person or property may be transported on a public roadway. The term includes an operable or inoperable automobile, truck, motorcycle, recreational vehicle, or trailer but does not include a device moved by human power or used exclusively on a stationary rail or track. Vehicle owner means a person: 1) Named as the purchaser or transferee in the certificate of title issued for the vehicle under V.T.C.A., Transportation Code, ch. 501; 2) In whose name the vehicle is registered under V.T.C.A., Transportation Code, ch. 502, or a member of the person's immediate family; 3) Who holds the vehicle through a lease agreement; 4) Who is an unrecorded lienholder entitled to possess the vehicle under the terms of a chattel mortgage; or 5) Who is a lienholder holding an affidavit of repossession and entitled to repossess the vehicle. Vehicle storage facility means a garage, parking lot, or other facility that: 1) Is owned by a person other than a governmental entity; and 2) Has the capacity to store or park at least ten vehicles each year. The term shall include a "towing yard" as referenced in the Unified Land Development Code, and an automotive salvage yard as defined in section of this Code. Ord. No. 12,629, 2, ) Sec Penalty. 14. Any person who shall violate this article shall upon conviction be punished as provided in section 1 - Ord. No. 12,629, 2, ) Sec Tow truck committee; hearings. Page 2

39 a) There is created a tow truck committee. The term "committee," as used in this article shall mean the tow truck committee. The committee shall be composed of: 1) Five citizens not in the tow truck business; 2) One citizen in the tow truck business, who shall serve as an ex officio member and shall possess no voting privileges and whose only function shall be to render advice to the regular members of the committee; and 3) One youth ex officio member between the ages of 14 and 18, who shall possess no voting privileges and whose only function shall be to render advice to the regular members of the committee. Three of the initial five voting committee members shall be designated by the city council to serve one-year terms. The terms of the remaining initial committee members and all subsequent terms of all voting committee members shall be for two years. The terms of the ex officio member and the youth ex officio member shall be for one year. Appointments shall be made in April of each year. A majority of the voting members of the committee shall constitute a quorum for the transaction of business. b) The committee shall meet at least once each calendar quarter. At each meeting, the city staff shall present a report on the operations and activities under this article. The committee shall review each towing company's activities for compliance with this article, the tow agreement, the statutes, and rules and regulations that govern tow truck operations and business. If the committee believes that one or more towing companies may not be in compliance with this article, the tow agreement, the statutes, and rules and regulations that govern tow truck operations and business, the committee shall set a hearing on the matter. c) If a hearing is set by the committee, the towing company shall be given notice of the hearing and of the reason therefor. The notice must state that the towing company will be required to submit at the hearing proof of compliance with all applicable provisions of this article, the tow agreement, the statutes, and rules and regulations that govern tow truck operations and business. Such notice shall be mailed on or before the tenth day before the date of the hearing before the committee. d) After the public hearing, the committee shall consider the evidence and arguments presented at the hearing to determine whether the towing company has violated this article, the tow agreement, the statutes, and rules and regulations that govern tow truck operations and business. If the committee finds that the towing company violated such article, the statutes, or rules and regulations, the committee shall take appropriate action against the towing company, which may include, but is not limited to, suspension of the tow truck permit, which shall result in a suspension from the applicable rotation list for a period determined to be appropriate by the committee. The committee shall reduce its findings to writing and deliver the same to the applicable towing company. Ord. No. 12,629, 2, ) Sec Appeal of decision of the tow truck committee. a) Any towing company shall have the right to appeal any decision of the tow truck committee to the municipal court judge acting as an administrative hearing examiner by making written request to the city clerk. Such request must be filed with the city clerk within 15 days after such person has been notified in writing of the decision of the committee and must state in detail the reason for the appeal and the requested administrative remedy. b) No towing company shall have any right to appeal for relief to any court in regard to any matter covered by this article until after such towing company has exhausted the appeal procedure provided for in this section. c) Upon hearing the appeal, the administrative hearing examiner may uphold, modify or reverse the decision of the tow truck committee. Ord. No. 12,629, 2, ; Ord. No. 12,671, 1, ) Sec Tow fee study. Page 3

40 a) A towing company may request a tow fee study if the towing company has a valid tow truck permit and had a valid tow truck permit throughout the 12-month period preceding the request. The request must be made in writing to the city clerk. The request must identify the specific fees requested to be reviewed and indicate the towing company's willingness to provide any necessary financial documentation that the city may deem necessary to conduct the review. b) A nonrefundable fee of $ in the form of a cashier's check payable to the city must be tendered to the city clerk at the time the tow fee study request is submitted. This fee is intended to defray the cost of the study. c) The tow fee study shall be performed at the direction of the city clerk. The methodology used to conduct the study will be established by the director of finance. The director of finance shall determine what financial information is necessary to conduct the study, which shall include, but not be limited to, financial information requested from permitted towing companies in the city. All towing companies with a tow truck permit shall provide all requested financial information. d) The findings of the tow fee study shall be presented to tow truck committee. The tow truck committee shall consider the study and shall prepare and deliver a recommendation to the city council to increase, decrease, or make no adjustment to the fees for nonconsent tows. e) Upon receipt of the tow truck committee's recommendation, the city council shall consider the tow fee study and recommendation and may amend the applicable tow agreement. f) The city shall not be required to conduct a tow rate study if a rate study has been performed within the preceding 24-month period. g) Nothing in this section shall preclude the city from undertaking a tow fee study at its own discretion at any time. Ord. No. 12,629, 2, ) Secs Reserved. DIVISION 2. - CONSENT AND NONCONSENT TOWS Sec Rotation lists. a) Regular rotation list. 1) For a towing company to be eligible to be placed on the regular rotation list, the towing company shall be permitted by the city to engage in nonconsent tows and shall enter into a contract in the form and substance approved by the city attorney for nonconsent tows. 2) The regular rotation list shall be used to select the towing company to respond to a regular nonconsent tow authorized by the city. For each regular nonconsent tow, the towing company will be called on a rotating basis so that after a towing company has been called for a regular nonconsent tow, the towing company shall be moved to the bottom of the list and shall not be called again until all other towing companies then on the regular rotation list have been called for a regular nonconsent tow. 3) Except as allowed in subsection (b), a towing company shall not pass a call for a regular nonconsent tow. A towing company may request in writing to be temporarily removed from the regular rotation list. To be effective, the public safety communications division of the city must receive such request prior to the public safety communications division dispatching the towing company to the scene of an accident or similar event from the rotation list and the city clerk must be notified in writing as soon as practicable after notice to the public safety communications division, but not later than 24 hours after such notice. b) Heavy-duty rotation list. Page 4