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HomeMy WebLinkAbout24165COUNTY OF FRESNO PROCUREMENT AGREEMENT Agreement Number 250063J October 7,2004 Action Towing Dive Team 2045 S.Van Ness Fresno,CA 93721 The County of Fresno (County)hereby contracts with Action Towing Dive Team (Contractor)to provide Towing Services for Abatement Vehicles in accordance with the Contractor's response to County's Request for Quotation No.962-3993 and Attachment A,attached,and by this reference is made a part hereof. TERM:This Agreement will be for one (1)year effective Novemer 1,2004. RENEWAL:Agreement shall automatically renew for an additional one (1)year period except when written notice is delivered by either party to the other expressing intent not to renew.Such notice must be delivered a minimum of sixty (60)days prior to the next expiration date of this Agreement.The maximum number of automatic one (1)year renewal periods under this Agreement is two (2). CONTRACTOR'SSERVICES:Contractor shall perform the services as described in Attachment "A"attached,at the rates set forth in Attachment "A". ADDITIONAL ITEMS:The County reserves the right to negotiate additional items to this Agreement as deemed necessary.Such additions shall be made in writing and signed by both parties. DEFAULT:In case of default by Contractor,the County may procure the service from another source and may recover the loss occasioned thereby from any unpaid balance due the Contractor or by any other legal means available to the County.The prices paid by County shall be considered the prevailing market price at the time such service is provided. INVOICING:An itemized invoice in duplicate shall be mailed to the County Sheriff's Department monthly.The Agreement number and case numbers must appear on all invoices.Invoice terms shall be 5%-30 I Net 45 Days. TERMINATION:The County reserves the right to immediately terminate this Agreement upon written notice to the Contractor.In the event of such termination,the Contractor shall be paid for satisfactory services provided to the date of termination. LAWS AND REGULATIONS:The Contractor shall comply with all laws,rules and regulations whether they be Federal,State or municipal,which may be applicable to \\PACIFIC\0440\CONTRACTS &EXTRACTS\J\250063J ACTION TOWING DIVE TEAM.DOC PROCUREMENT AGREEMENT NUMBER:250063J Action Towing Dive Team October 7,2004 Page 2 Contractor's business,equipment and personnel engaged in service covered by this Agreement. AUDITS:Contractor shall,as required by law,ordinance,code or decree permit the County to audit and inspect all such records and data pertaining to this Agreement and at all reasonable times be open to inspection by authorized representatives of the County. LIABILITY:The Contractor agrees to: Pay all claims for damage to property in any manner arising from Contractor's operations under this Agreement. Indemnify,save and hold harmless,and at County's request defend the County,its officers,agents and employees from any and all claims for damage or other liability, including costs,expenses,causes of action,claims or judgments resulting out of or in any way connected with Contractor's performance or failure to perform by Contractor, its agents,officers or employees under this Agreement. INSURANCE: Without limiting the County's right to obtain indemnification from Contractor or any third parties,Contractor,at its sole expense,shall maintain in full force and effect the following insurance policies throughout the term of this Agreement: A.Commercial General Liability Commercial General Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00)per occurrence and an annual aggregate of Two Million Dollars ($2,000,000.00).This policy shall be issued on a per occurrence basis. County may require specific coverage including completed operations,product liability,contractual liability,Explosion-Collapse-Underground,fire legal liability or any other liability insurance deemed necessary because of the nature of the contract. B.Automobile Liabilitv Comprehensive Automobile Liability Insurance with limits for bodily injury of not less than Two Hundred Fifty Thousand Dollars ($250,000.00)per person,Five Hundred Thousand Dollars ($500,000.00)per accident and for property damages of not less than Fifty Thousand Dollars ($50,000.00),or such coverage with a combined single limit of Five Hundred Thousand Dollars ($500,000.00).Coverage should include owned and non-owned vehicles used in connection with this Agreement. \\PACIFIC\0440\CONTRACTS&EXTRACTS\J\250063J ACTION TOWING DIVE TEAM.DOC PROCUREMENT AGREEMENT NUMBER:250063J Action Towing Dive Team October 7,2004 Page 3 C.Professional Liabilitv If Contractor employs licensed professional staff,(e.g.,Ph.D.,R.N.,L.C.S.W., M.F.C.C.)in providing services,Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00)per occurrence,Three Million Dollars ($3,000,000.00)annual aggregate. D.Worker's Compensation A policy of Worker's Compensation insurance as may be required by the California Labor Code. Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno,its officers,agents,and employees,individually and collectively,as additional insured,but only insofar as the operations under this Agreement are concerned.Such coverage for additional insured shall apply as primary insurance and any other insurance,or self-insurance,maintained by County,its officers,agents and employees shall be excess only and not contributing with insurance provided under Contractor's policies herein.This insurance shall not be cancelled or changed without a minimum of thirty (30)days advance written notice given to County. Within thirty (30)days from the date Contractor signs this Agreement,Contractor shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies,as required herein,to the County of Fresno,stating that such insurance coverage have been obtained and are in full force;that the County of Fresno, its officers,agents and employees will not be responsible for any premiums on the policies;that such Commercial General Liability insurance names the County of Fresno, its officers,agents and employees,individually and collectively,as additional insured, but only insofar as the operations under this Agreement are concerned;that such coverage for additional insured shall apply as primary insurance and any other insurance,or self-insurance,maintained by County,its officers,agents and employees, shall be excess only and not contributing with insurance provided under Contractor's policies herein;and that this insurance shall not be cancelled or changed without a minimum of thirty (30)days advance,written notice given to County. In the event Contractor fails to keep in effect at all times insurance coverage as herein provided,the County may,in addition to other remedies it may have,suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California.Insurance purchased shall be purchased from companies possessing a current A.M.Best,Inc.rating of B+FSC VII or better. INDEPENDENT CONTRACTOR:In performance of the work,duties and obligations assumed by Contractor under this Agreement,it is mutually understood and agreed that Contractor,including any and all of Contractor's officers,agents,and employees will at \\PACIFIC\0440\CONTRACTS&EXTRACTS\J\250063J ACTION TOWING DIVE TEAM.DOC ---u_-- PROCUREMENT AGREEMENT NUMBER:250063J Action Towing Dive Team October 7,2004 Page 4 all times be acting and performing as an independent contractor,and shall act in an independent capacity and not as an officer,agent,servant,employee,joint venturer, partner,or associate of the County.Furthermore,County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and function.However,County shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and conditions thereof.Contractor and County shall comply with all applicable provisions of law and the rules and regulations,if any,of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor,Contractor shall have absolutely no right to employment rights and benefits available to County employees.Contractor shall be solely liable and responsible for providing to,or on behalf of,its employees all legally-required employee benefits.In addition,Contractor shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees,including compliance with Social Security,withholding,and all other regulations governing such matters.It is acknowledged that during the term of this Agreement,Contractor may be providing services to others unrelated to the County or to this Agreement. NON-ASSIGNMENT:Neither party shall assign,transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the written consent of the other party. AMENDMENTS:This Agreement constitutes the entire Agreement between the Contractor and the County with respect to the subject matter hereof and supersedes all previous negotiations,proposals,commitments,writings,advertisements,publications, Request for Proposals,Bids and understandings of any nature whatsoever unless expressly included in this Agreement.This Agreement supersedes any and all terms set forth in Contractor's invoice.This Agreement may be amended only by written addendum signed by both parties. INCONSISTENCIES:In the event of any inconsistency in interpreting the documents which constitute this Agreement,the inconsistency shall be resolved by giving precedence in the following order of priority:(1)the text of this Agreement (excluding Attachment "A",County's Request for Quotation No.962-3993 and the Contractor's Quote in response thereto);(2)Attachment "A";(3)the County's Request for Quotation No.962-3993 and (4)the Contractor's quotation made in response to County's Request for Quotation No.962-3993. GOVERNING LAWS:This Agreement shall be construed,interpreted and enforced under the laws of the State of California.Venue for any action shall only be in County of Fresno. \\PACIFIC\0440\CONTRACTS&EXTRACTS\J\250063J ACTION TOWING DIVE TEAM.DOC PROCUREMENT AGREEMENT NUMBER:250063J Action Towing Dive Team October 7,2004 Page 5 Please acknowledge your acceptance by returning all pages of the signed original of this Agreement to my office,retaining a copy for your files. Please refer any inquiries in this matter to Brian D.Tamblin,Buyer II,at (559)456-7110 or FAX at (559)456-7831. FOR THE COUNTY OF FRESNO Martin Q.Bloom Facility Services &Purchasing Manager 4525 East Hamilton Avenue Fresno,CA 93702-599 Date: MGB:BDT:jlg \\PACIFIC\0440\CONTRACTS &EXTRACTS\J\250063J ACTION TOWING DIVE TEAM.DOC \\PACIFIC\0440\CONTRACTS &EXTRACTS\J\250063J ACTION TOWING DIVE TEAM.DOC PROCUREMENT AGREEMENT NUMBER:250063J Action Towing Dive Team October 7,2004 Attachment Page 1 of 1 A TTACHMENT '~" Towina Charae (Areas 1 throuah 4)$30.00 per tow 1.A Vehicle Removal Authorization Form to be faxed to,or dropped off at the Contractor's place of business. 2.Pick up to be done within seven (7)days of receipt of the Vehicle Removal Authorization Form. 3.Contractor to fax a notification of completion of pick up to the Sheriffs Department. 4.Sheriffs Department to issue a junk slip for each vehicle picked up.Contractor will hold all vehicles until a junk slip is provided. 5.No vehicle shall be salvaged.All must be destroyed by a licensed auto dismantler or scrap yard. Area Phone Numbers:Area 1 Area 2 Area 3 Area 4 693-2437 292-1132 896-2714 855-4904 Invoicina: As specified within this Agreement,invoices shall be submitted monthly to the following address: Karen Fong Phone (559)488-2521 Fax (559)488-3348 e-mail: Karen.Fong@fresnosheriff.org Note:All invoices shall include case numbers for all pick-ups. County of Fresno Sheriffs Administration 2200 Fresno Street Fresno,CA 93713 Contact: Reports: The Contractor shall submit a quarterly report either by fax or e-mail to Brian Tamblin at County Purchasing.Report shall show all pick up dates with case numbers and areas. (Copies of monthly invoices will be acceptable.)Reports shall be for the previous three (3)month period.First report due within twenty-one (21)days following the month ending January,2005. \\PACIFIC\0440\CONTRACTS &EXTRACTS\J\250063J ACTION TOWING DIVE TEAM.DOC PROCUREMENT AGREEMENT NUMBER:250063J Action Towing Dive Team October 7,2004 CONTRACTOR'S RESPONSE TO COUNTY OF FRESNO REQUEST FOR QUOTATION NO.962-3993 \\PACIFIC\0440\CONTRACTS &EXTRACTS\J\250063J ACTION TOWING DIVE TEAM.DOC Quotation No.962-3993 COUNTYOF FRESNOPURCHASING STANDARDINSTRUCTIONSANDCONDITIONSFOR REQUESTSFORp'kOPOSALS(RFP'S)ANDREQUESTSFORQUOTATIONS(RFQ'S) Note:thereferenceto "bids"in thefollowingparagraphsappliesto RFP'sandRFQ's GENERAL CONDITIONS 1.BID PREPARATION: By submittinga bidthebidderagreesto thefollowingconditions.Theseconditionswillapplyto all subsequentpurchasesbasedon thisbid. A)All pricesandnotationsmustbe typedor writtenin ink.No erasures permitted.Errorsmaybe crossedout,initialedandcorrectionsprinted in inkbypersonsigningbid. B)BrandNames:Brandnamesandnumberswhengivenareforreference. Equalitemswillbe considered,providedtheofferclearlydescribesthe articleand howit differsfromthatspecified.In the absenceof such informationitshallbeunderstoodtheofferingis exactlyasspecified. C)Statebrandor makeof eachitem.If biddingon otherthanspecified, state make,model and brand being bid and attach supporting literature/specificationstothebid. D)Bidon eachitemseparately.Pricesshouldbestatedin units,specified herein.All applicablechargesmustbequoted;chargeson invoicenot quotedhereinwill bedisallowed. E)Timeof deliveryis a partof the considerationandmustbe statedin definitetermsandmustbeadheredto.F.O.B.Pointshallbedestination or freightchargesmustbestated. F)All bids mustbe datedand signedwith the firm'snameand by an authorizedofficeror employee. G)Unlessotherwisenoted,pricesshallbefirmfor 120daysafterclosing dateof bid.' 2.SUBMITTING BIDS: A)Eachbidmustbesubmittedonformsprovidedin a sealedenvelopewith bid numberand closing date and time on the outside of the envelope/package. B)Interpretation:Shouldanydiscrepanciesoromissionsbefoundinthebid specificationsor doubtas to theirmeaning,the biddershallnotifythe Buyerin writingat once.TheCountyshallnotbe heldresponsiblefor verbalinterpretations.Questionsregardingthebidmustbereceivedby Purchasingat least5 workingdaysbeforebid opening.All addenda issuedshallbe in writing,dulyissuedby Purchasingandincorporated intothecontract. C)ISSUINGAGENT/AUTHORIZEDCONTACT:ThisRFQhasbeenissued by the Countyof Fresno'sPurchasing.The Purchasingshallbe the vendor'ssolepointof contactwithregardto theRFQ,itscontent,andall issuesconcerningit. All communicationregardingthisRFQshallbedirectedto anauthorized representativeofCountyPurchasing.Thespecificbuyermanagingthis RFQis identifiedonthecoverpage,alongwithhisorhertelephonenumber, and he or she shouldbe the primarypointof contactfor discussionsor informationpertainingto the RFQ.Contactwith any other County represe(1tative,includingelectedofficials,forthepurposeof discussingthis RFQ,its content,or any otherissueconcerningit,is prohibitedunless authorizedby Purchasing.Violationof this clause,by the vendorhaving unauthorizedcontact(verballyor in writing)with such other County representatives,mayconstitutegroundsfor rejectionby Purchasingof the vendor'squotation. TheabovestatedrestrictiononvendorcontactwithCountyrepresentatives shallapplyuntiltheCountyhasawardeda purchaseorderor contractto a vendororvendors,exceptasfollows.First,intheeventthata vendorinitiates a formalprotestagainsttheRFQ,suchvendormaycontacttheappropriate individual,or individualswhoaremanagingthatprotestas outlinedin the County'sestablishedprotestprocedures.All such contactmust be in accordancewith the sequenceset forth underthe protestprocedures. Second,in the eventa publichearingis scheduledbeforethe Boardof Supervisorsto heartestimonypriorto its approvalof a purchaseorderor contract,anyvendormayaddresstheBoard. D)BidsreceivedaftertheclosingtimewillNOTbeconsidered. E)Biddersareto bidwhatis specifiedor requestedfirst.If unableto orwilling to,bidder may bid alternativeor option,indicatingall advantages, disadvantagesandtheirassociatedcost. 3.FAILURETO BID: A)If notbidding,returnbidsheetandstatereasonfor nobidor yournamemay beremovedfrommailinglist. 4.TAXES,CHARGESAND EXTRAS: A)Countyof Fresnois subjectto Califomiasalesand/orusetax (7.875%). Pleaseindicateas a separatelineitemif applicable. B)DONOTincludeFederalExciseTax.Countyis exemptunderRegistration No.94-73-03401-K. C)Countyis exemptfromFederalTransportationTax.Exemptioncertificateis notrequiredwhereshippingpapersshowconsigneeas Countyof Fresno. D)Chargesfor transportation,containers,packing,etc.willnotbe paidunless specifiedin bid. 5.AWARDS,: A)Subjectto thelocalpreferenceprovisionsreferencedin Paragraph6below andmorethoroughlysetforthin theGeneralRequirementssectionof this Quotation No.962-3993 RFQ,award(s)will bemadeto themostresponsiveresponsiblebidder. The evaluationwill includesuchthingsas life-cyclecost,availability, deliverycostsandwhoseproductand/orserviceis deemedto beinthe bestinterestoftheCounty.Thecountyshallbethesolejudgein making suchdetermination." B)Unlessbiddergivesnoticeof all-or-noneawardin bid,Countymayaccept any item,groupof items or on the basis of total bid. C)The Countyreservestherightto rejectanyandall bidsandto waive informalitiesor irregularitiesin bids. D)Afteraward,all bidsshallbe opento publicinspection.TheCounty assumesnoresponsibilityfortheconfidentialityofinformationofferedin a bid. 6.LOCALVENDORS A)LocalVendorPreference(applicableto RFQProcessonly) Thefollowingprovisionsareapplicableonlyto theCounty'sacquisition of materials,equipmentor suppliesthroughtheRFQprocesswhenthe fundingsourcedoesnot requirean exemptionto the LocalVendor Preference. THE PROVISIONSOF THIS PARAGRAPHARE APPLICABLE, NOTWITHSTANDINGANYOTHERPROVISIONSOFTHISRFQTO THECONTRARY If the apparentlow bidderis not a localvendor,anylocalvendorwho submitteda bid whichwas withinfive percent(5%)of the lowest responsivebidas determinedby the purchasingagentshallhavethe optionof submittinga newbidwithinforty-eighthours(not including weekendsandholidays)of County'sdeliveryof notification.Suchnew bidsmustbeinanamountlessthanorequaltothelowestresponsivebid asdeterminedbythepurchasingagent.If thepurchasingagentreceives anynewbidsfromlocalvendorswhohavetheoptionof submittingnew bidswithinsaidforty-eighthourperiod,it shallawardthecontractto the localvendorsubmittingthe lowestresponsiblebid.If no newbidsare received,the contractshallbe awardedto the originallow bidderas announcedbythe purchasingagent. B)LocalVendorDefined 'LocalVendor"shallmeananybusinesswhich,: 1.Hasits headquarters,distributionpointor locally-ownedfranchise locatedin or havinga streetaddresswithintheCountyforat least six(6)monthsimmediatelypriortotheissuanceoftherequestfor competitivebidsbythepurchasingagent;and 2.Holdsanyrequiredbusinesslicenseby a jurisdictionlocatedin FresnoCounty;and 3.Employsat leastone(1)full-timeor two(2)part-timeemployees whoseprimaryresidenceis locatedwithinFresnoCounty,or if the businesshasno employees,shallbe at leastfiftypercent(50%) ownedby one or morepersonswhoseprimaryresidence(s)is locatedwithinFresnoCounty. 7.TIEBIDS: All otherfactorsbeingequal,the contractshallbe awardedto the Fresno Countyvendoror,if neitheror bothare FresnoCountyvendors,it maybe --M-,,-M...M--"..,,-,,----- awardedbytheflipof a coininthepresenceof witnessesortheentirebidmaybe rejectedandre-bid.If theGeneralRequirementsofthisRFQstatethattheyare applicable,theprovisionsoftheFresnoCountyLocalVendorPreferenceshalltake priorityoverthisparagraph. 8.PATENTINDEMNITY: ThevendorshallholdtheCounty,its officers,agentsandemployees,harmless fromliabilityof anynatureor kind,includingcostsandexpenses,forinfringement or useof anycopyrightedor uncopyrightedcomposition,secretprocess,patented or unpatentedinvention,articleor appliancefurnishedor usedin connectionwith thisbid. 9.SAMPLES: Samples,whenrequired,mustbefumishedanddeliveredfreeand,if notdestroyed bytests,willuponwrittenrequest(within30daysof bidclosingdate)bereturned at thebidder'sexpense.Intheabsenceof suchnotification,Countyshallhavethe rightto disposeof thesamplesinwhatevermannerit deemsappropriate. 10.RIGHTSAND REMEDIESOF COUNTYFORDEFAULT: A)Incaseof defaultbyvendor,theCountymayprocurethearticlesor service from anothersourceand may recoverthe cost differenceand related expensesoccasionedtherebyfromanyunpaidbalanceduethevendoror by proceedingagainstperformancebondofthevendor,if any,orbysuitagainst thevendor.ThepricespaidbytheCountyshallbeconsideredtheprevailing marketpriceatthetimesuchpurchaseis made. B)Articles or services,which upon deliveryinspectiondo not meet specifications,willbe rejectedandthevendorwillbeconsideredin default. VendorshallreimburseCountyfor expensesrelatedto deliveryof non- specifiedgoodsor services. C)Regardlessof F.O.B.point,vendoragreesto bearall risksof loss,injuryor destructionto goodsand materialsorderedhereinwhichoccurpriorto deliveryandsuchloss,injuryordestructionshallnotreleasevendorfromany obligationhereunder. 11.DISCOUNTS: Termsof less than 15 daysfor cash paymentwill be consideredas net in evaluatingthisbid.A discountforpaymentwithinfifteen(15)daysormorewillbe consideredindeterminingtheawardof bid.Discountperiodwillcommenceeither thelaterof deliveryor receiptof invoicebytheCounty.StandardtermsareNet Forty-five(45)days. 12..SPECIALCONDITIONSINBIDSCHEDULESUPERSEDEGENERAL CONDITIONS. The'GeneralConditions'provisionsof this RFP/RFQshallbe supersededif in conflictwithanyothersectionof thisbid,totheextentof anysuchconflict.- 13.SPECIALREQUIREMENT: Withtheinvoiceorwithintwenty-five(25)daysof delivery,thesellermustprovide. to theCountya MaterialSafetyDataSheetforeachproduct,whichcontainsany substanceon 'The Listof 800HazardousSubstances',publishedby the State Directorof IndustrialRelations.(SeeHazardousSubstancesInformationand TrainingAct.CalifomiaStateLaborCodeSections6360through6399.7.) 14.RECYCLEDPRODUCTS/MATERIALS: Vendorsareencouragedto provideandquote(withdocumentation)recycledor recyclableproducts/materialswhichmeetstatedspecifications. DC,",17/1\11\ Quotation No.962-3993 15.YEAR COMPLIANCE WARRANTY VendorwarrantsthatanyproductfurnishedpursuanttothisAgreement/order shallsupporta four-digityearformatandbe ableto accuratelyprocessdate andtimedatafrom,intoandbetweenthetwentietbandtwenty-firstcenturies, as wellas leapyearcalculations.'Product'shallinclude,withoutlimitation, any pieceor componentof equipment,hardware,firmware,middleware, customor commercialsoftware,or internalcomponentsorsubroutinestherein. Thiswarrantyshallsurviveterminationor expirationofthisAgreement. Intheeventof anydecreasein productfunctionalityoraccuracyrelatedtotime and/ordatedatarelatedcodesand/orinternalsubroutinesthat impedethe productfrom operatingcorrectlyusingdatesbeyondDecember31,1999, vendorshallrestoreor repairtheproductto thesamelevelof functionalityas warrantedherein,soasto rninimizeinterruptionto County'songoingbusiness process,time beingof the essence.In the eventthat suchwarranty compliancerequiresthe acquisitionof additionalprograms,theexpensefor any such associatedor additionalacquisitions,whichmay be required, including,withoutlimitation,dataconversiontools,shallbebomeexclusively by vendor.Nothingin thiswarrantyshallbe construedto limitanyrightsor remediestheCountymayotherwisehaveunderthisAgreementwithrespect to defectsotherthanyearperformance. 16.PARTICIPATION: Biddermayagreeto extendthetermsof theresultingcontractto otherpolitical subdivision,municipalitiesandtax-supportedagencies. SuchparticipatingGovernmentalbodiesshallmakepurchasesin theirown name,makepaymentdirectlyto bidder,andbe liabledirectlyto the bidder, holdingtheCountyof Fresnoharmless. Quotation No.962-3993 Page 2 TABLE OF CONTENTS '"PAGE OVERVI EW ,,.,,3 KEY DATES ""''''''''''''''''''''"''''''''''''''''''''''''''''''''''''t 3 81001NG INSTRUCTIONS ,,.,4 81DOER TO COMPLETE ..:10 REFERENCE LIST .."...11 FORM W -9 .,....'",,,.12 SPECIFICATIONS AND REQUIREMENTS ;.17 FRESNO COUNTY CODE OF ORDINANCE 20 MAPS,,,",,,,.,..,:,,..31 QUOTATION SCHEDULE ,.,..37 CH ECK LIST "'''''''''''''''''''''''''''''''''''''''''''',38 G:\RFQ\962-3993TOWINGSERVICE.DOC Quotation No.962-3993 Page 3 OVERVIEW The County of Fresno is S-olititing bids to provide all labor,equipment,materials,permits, fees,taxes,licenses,insurance and vehicles etc.to perform required services by licensed automobile dismantlers and towing companies.These services to consist of transporting abandoned,wrecked,dismantled or inoperative vehicles from private or public property (not high,«ays)to a place of storage for demolition,in accordance .with the specifications and requirements as shown within this Request for Quotation. Usage of these services to date have been limited in that there has been no contracts set in place to cover all areas.Over the past six months it is estimated that approximately 40 to 50 vehicles have been towed in Area 2 onlv.. It is the County's intent to extend these services to include all of the areas shown within this Request for Quotation No.962-3993. The County would prefer areas be bid on as a whole,but will consider quotes on individual beats within those areas. Bidder(s)are requested to submit their pricing for any and all areas on which they would be interested.(See Quotation Schedule within this RFQ.) KEY DATES Vendor Conference: Deadline for Verbal,Written or Fax Requests for Interpretations or Corrections of RFQ: August 26,2004 at 10:30 A.M. County of Fresno Purchasing Second Floor 4525 E.Hamilton Avenue Fresno,CA 93702 September 6,2004 at 5:00 P.M. Fax No.(559)456-7a31 RFQ Closing Date:September 17,2004 at 2:00 P.M. County of Fresno Purchasing Second Floor 4525E.Hamilton Avenue Fresno,CA 93702 G:\RFQ\962-3993TOWINGSERVICE.DOC Quotation No.962-3993 Page 4 BIDDING INSTRUCTIONS ",. CONTRACT SERVICES The County of Fresno is soliciting bids to establish an agreement under which the successful bidder(s)will provide towing services as specified within this Request for Quotation. LOCAL VENDOR PREFERENCE:The Local Vendor Preference does not apply to this Request for Quotation. DEFINITIONS:The terms Bidder,Proposer,Contractor and Vendor are all used interchangeably and refer to that person,partnership,corporation,organization,agency,etc. which is offering the quotation and is identified on page one of this Request For Quotation (RFQ). INTERPRETATIONOF RFQ:Vendors must make careful examination of the "requirements, specifications and conditions expressed in the RFQ and fully inform themselves as to the quality and character of services required.If any person planning to submit a quotation finds discrepancies in or omissions from the RFQ or has any doubt as to the true meaning or interpretation,correction thereof may be requested at the scheduled Vendor Conference.Any change in the RFQ will be made only by written addendum,duly issued by the County.The County will not be responsible for any other explanations or interpretations. Questions may be submitted subsequent to the Vendor Conference,subject to the following conditions: a.Such questions are submitted in writing to County Purchasing at least nine (9)County business days prior to the Request for Quotation closing date.Questions must be directed .to the attention of the buyer identified on page one. b.Such questions are submitted with the understanding that the County can respond only to questions it considers material in nature. Questions shall be delivered to County of Fresno Purchasing,4525 E.Hamilton Avenue, Fresno,CA 93702 or faxed to (559)456-7831.If faxing the bidder must confirm receipt by phpne within one-half (1/2)hour of transmission. NOTE:The bidder is encouraged to submit all questions at the Vendor Conference.Time limitations can prevent a response to questions submitted after the conference. AWARD:Award will be made to the vendor(s)offering the services deemed to be to the best advantage of the County.The County shall be the sole judge in making such determination. "- RIGHT TO REJECT BIDS:The County reserves the right to reject any and all bids and to waive informalities or irregularities in bids. ISSUING AGENT:This RFQ has been issued by County of Fresno Purchasing.Purchasing shall be the vendor's sole point of contact with regard to the RFQ,its content,and all issues concerning it. AUTHORIZED CONTACT:All communication regarding this RFQ shall be directed to an authorized representative of County Purchasing.The specific buyer managing this RFQ is G:\RFQ\962.3993TOWINGSERVICE.DOC ---------- Quotation No.962-3993 Page 5 identified on the cover page,along with his or her telephone number,and he or she should be the primary point of contact for discussions or information pertaining to the RFO.Contact with any other County representative,including elected officials,for the purpose of discussing this RFO,its content,or any other issue concerning it,is prohibited unless authorized by Purchasing.Violation of this clause,by the vendor having unauthorized contact (verbally or in writing)with such other County representatives,may constitute grounds for rejection by Purchasing of the vendor's quotation.. . The above stated restriction on vendor contact with County representatives shall apply until the County has awarded a purchase order or contract to a vendor or vendors,except as follows.First,in the event that a vendor initiates a formal protest against the RFO,such vendor may contact the appropriate individual,or individuals who are managing that protest as outlined in the County's established protest procedures.All such contact must be in accordance with the sequence set forth under the protest procedures.Second,in the event a public hearing is scheduled before the Board of Supervisors to hear testimony prior to its approval of a purchase order or contract,any vendor may address the Board. - VENDORCONFERENCE:On August 26,2004 at 10:30 A.M.,a vendor's conference will be held in which the scope of the project and quotation requirements will be explained. The meeting will be held at the office of County of Fresno Purchasing,4525 E.Hamilton (between Cedar and Maple),Fresno,California.Minutes will be prepared and distributed to all bidders only if necessary to clarify substantive items raised during the bidders' conference.- Bidders are to contact Brian D.Tamblin at County of Fresno Purchasing,(559)456- 7110,if they are planning to attend the conference. NUMBER OF COPIES:Submit one (1)original and two (2)copies of your quotation no later than the quotation closing date and time as stated on the front of this document to County of Fresno Purchasing.Each copy to be identical to the original,include all supporting documentation (Le.literature,brochures,reports,schedules etc.).The cover page of each quotation is to be appropriately marked "Original"or "Copy". FIRM QUOTATION:All quotations shall remain firm for at least one (1)year. TAXES:The quoted amount must include all applicable taxes.If taxes are not specifically identified in the quotation it will be assumed that they are included in tlie total quoted. SALES TAX:Fresno County pays California State Sales Tax in the amount of 7.875% regardless of vendor's place of doing business. MINOR DEVIATIONS:The County reserves the right to negotiate minor deviations from the prescribed terms,conditions and requirements with the selected vendor(s). QUOTATION REJECTION:Failure to respond to all questions or not to supply the requested information could result in rejection of your quotation. BIDDERS'LIABILITIES:County of Fresno will not be held liable for any cost incurred by vendors in responding to the RFO.. PRICE RESPONSIBILITY:The selected vendor(s)will be required to assume full responsibility for all services and activities offered in the quotation,whether or not they are provided directly.Further,the County of Fresno will consider the selected vendor to be the sole point of contact with regard to contractual matters,including payment of any and all G:\RFQ\962-3993TOWING SERVICE.DOC Quotation No.962-3993 Page 6 charges resulting from the contract.The contractor may not subcontract or transfer the contract,or any right or obligation arising out of the contract,without first having obtained the express written consent of the County.,., CONFIDENTIALITY:Bidders shall not disclose information about the County's business or business practices and safeguard confidential data which vendor staff may have access to in the course of system implementation.. NEWS RELEASE:Vendors shall not issue any news releases .or otherwise release information to any third party about this RFQ or the vendor's quotation without prior written approval from the County of Fresno. BACKGROUND REVIEW:The County reserves the right to conduct a background inquiry of each proposer/bidder which may include collection of appropriate criminal history information, contractual and business associations and practices,employment histories and reputation in the business community.By submitting a quotation/bid to the County,the vendor consents to such an inquiry and agrees to make available to the County such books and records the County deems necessary to conduct the inquiry. EXCEPTIONS:Identify with explanation,any terms,conditions,specifications or stipulations of the RFQ with which you CAN NOT or WILL NOT comply.. ADDENDA:In the event that it becomes necessary to revise any part of this RFQ,addenda will be provided to all agencies and organizations that receive the basic RFQ. SUBCONTRACTORS:If a subcontractor is proposed,complete identification of the subcontractor and his tasks shall be provided.The primary contractor is not relieved of any responsibility by virtue of using a subcontractor. CONFLICT OF INTEREST:The County shall not contract with,and shall reject any bid or quotation submitted by the persons or entities specified below,unless the Board of Supervisors finds that special circumstances exist which justify the approval of such contract: 1.Employees of the County or public agencies for which the Board of Supervisors is the governing body. 2.Profit-making firms or businesses in which employees described in Subsection (1)serve .as officers,principals,partners or major shareholders. 3.Persons who,within the immediately preceding twelve (12)months,came within the provisions of Subsection (1),and who were employees in positions of substantial responsibility in the area of service to be performed by the'contract,or participated in any way in developing the contract or its service specifications. 4.Profit-making firms or businesses in which the former employees described in Subsection (3)serVe as officers,principals,partners or major shareholders. 5.No County employee whose position in the County enables him to influence the selection of a contractor for this RFQ,or any competing RFQ,and no spouse or economic dependent of such employee,shall be employees in any capacity by a bidder,or have any other direct or indirect financial interest in the selection of a contractor. INVOICING:All invoices are to be delivered in duplicate to the Sheriff's Department.Each invoice shall reference "Countv Code.Abandoned Vehicle Abatement".The contractor shall obtain the "invoice to"address prior to the contract start date. G:\RFQ\962-3993TOWINGSERVICE,DOC Quotation No.962-3993 Page 7 PAYMENT:County will make partial payments for all purchases made under the contract/purchase order and accumulated during the month.. CONTRACT TERM:It is County's intent to contract with successful bidder(s)for a term of one (1)year with the option to renew for additional one (1)year periods. PRICES:Bidder agrees that prices quoted are maximum for the contract period,and in the event of a price decline such lower prices shall be extended to the County of Fresno. INDEPENDENT CONTRACTOR:In performance of the work,duties,and obligations assumed by Contractor under any ensuing Agreement,it is mutually understood and agreed that CONTRACTOR,including any and all of Contractor's officers,agents,and employees will at all times be acting and performing as an independent contractor,and shall act in an independent capacity and not as an officer,agent,servant,employee,joint venturer,partner, or associate of the COUNTY.Furthermore,County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and function. However,County shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and conditions thereof. Contractor and County shall comply with all applicable provisions of law and the rules and regulations,if any,of governmental authorities having jurisdiction over matters the subject .thereof.. Because of its status as an independent contractor,Contractor shall have absolutely no right to employment rights and benefits available to County employees.Contractor shall be solely liable and responsible for providing to,or on behalf of,its employees all legally-required employee benefits.In addition,Contractor shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees,including compliance with Social Security,withholding,and all other regulations governing such matters.It is acknowledged that during the term of the Agreement,Contractor may be providing services to others unrelated to the County or to the Agreement.. HOLD HARMLESS CLAUSE:Contractor agrees to indemnify,save hold harmless and at County's request,defend the County,its officers agents and employees,from any and all costs and expenses,damages,liabilities,claims and losses occurring or resulting to County in connection with the performance,or failure to perform,by Contractor,its officers,agents or employees under this Agreement and from any and all costs and expenses,damages, liabilities,claims and losses occurring or resulting to any person,firm or corporation who may be injured or damaged by the performance,or failure to perform,of Contractor,its officers, agents or employees under this Agreement. INSURANCE: Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third parties,CONTRACTOR,at its sole expense,shall maintain in full force and effect the following insurance policies throughout the term of the Agreement: A.Commercial General Liabilitv Commercial General Liability Insurance with limits of not less than One Million Dollars ($1,000,000)per occurrence and an annual aggregate of Two Million Dollars ($2,000,000). This policy shall be issued on a per occurrence basis.COUNTY may require specific coverages including completed operations,products liability,contractual liability, Explosion~Coliapse-Underground,fire legal liability or any other liability insurance deemed necessary because of the nature of this contract. G:\RFQ\962-3993TOWINGSERVICE.DOC Quotation No.962-3993 Page 8 B.Automobile Liabilitv Comprehensive Automobile Liability Insurance with limits for bodily injury of not less than Two Hundred Fifty Th~ousandDollars ($250,000.00)per person,Five HundredThousand Dollars ($500,000.00)per accident and for property damages of not less than Fifty Thousand Dollars ($50,000.00),or such coverage with a combined single limit of Five Hundred Thousand Dollars ($500,000.00).Coverage should include owned and non- owned vehicles used in connection with this Agreement.\ C.Professional Liabilitv If CONTRACTOR employs licensed professional staff,(e.g.,Ph.D.,R.N.,L.C.S.W., M.F.C.C.)in providing services,Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00)per occurrence,Three Million Dollars ($3,000,000.00) annual aggregate. D.Worker's Compensation A policy of Worker's Compensation insurance as may be required by the California Labor Code. CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno,its officers,agents,and employees,individually and collectively, as additional insured,but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance,or self-insurance,maintained by COUNTY,its officers,agents and employees shall be excess only and not contributing with insurance provided under CONTRACTOR's policies herein.This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to COUNTY. Within Thirty (30)days from the date CONTRACTOR signs this Agreement,CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies,as required herein,to the County of Fresno,stating that such insurance coverage have been obtained and are in full force;that the County of Fresno,its officers, agents and employees will not be responsible for any premiums on the 'policies;that such Commercial General Liability insurance names the County of Fresno,its officers,agents and employees,individually and collectively,as additional insured,-but only insofar as the operations under this Agreement are.concerned;that such coverage for additional insured shall apply as primary insurance and any other insurance,or self-insurance,maintained by COUNTY,its officers,agents and employees,shall be excess only and not contributing with insurance provicjed under CONTRACTOR's policies herein;and that this insurance shall not be cancelled or changed without a minimum of thirty (30)days advance,written notice given to COUNTY. In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein provided,the COUNTY may,in addition to other remedies it may have,suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M.Best,Inc. rating of B+FSC VIII or better. DISPUTE RESOLUTION:The ensuing contract shall be governed by the laws of the state of California. G:\RFQ\962-3993TOWING SERVICE.DOC Quotation No.962-3993 Page 9 Any claim which cannot be amicably settled without court action will be litigated in the U.S. District Court for the Eastern District of California in Fresno,CA or in a state court for Fresno County.,. TERMINATION:The County reserves the right to terminate any resulting contract upon written notice. DEFAULT:In case of default by the selected bidder,the County may procure the services from another source and may recover the loss occasioned thereby from any unpaid balance due the selected bidder,or by any other legal means available to the County. ASSIGNMENTS:The ensuing proposed contract will provide that the vendor may not assign any payment or portions of payments without prior written consent of the County of Fresno. ASSURANCES:Any contract awarded under this RFO must be carried out in full compliance with The Civil Rights Act of 1964,The Americans With Disabilities Act of 1990,their subsequent amendments,and any and all other laws protecting the rights of individuals and agencies.-The Countyof Fresnohas a zero tolerancefor discrimination,impliedor expressed,and wants to ensure that policy continues under this RFO.The contractor must also guarantee that services,or workmanship,provided will be performed in compliance with all applicable local,state,or federal laws and regulations pertinent to the types of services,or project,of the nature required under this RFO.In addition,the contractor may be required to provide evidence substantiating that their employees have the necessary skills and training to perform the required services or work. AUDITS AND INSPECTIONS:The Contractor shall at any time during business hours,and as often as the County may deem necessary,make available to the County for examination all of its records and data and respect to the matters covered by this Agreement.The Contractor shall,upon request by the County,permit the County to audit and inspect all of such records and data necessary to ensure Contractor's compliance with the terms of this Agreement. If this Agreement exceeds Ten Thousand and No/100 dollars ($10,000.00),Contractor shall be subject to the examination and audit of the Auditor General for a period of three (3)years after final payment under contract (Government Code Section 10532). G:\RFQ\962-3993TOWINGSERVICE.DOC Quotation No.962-3993 Page 10 BIDDER TO COMPLETE -.. CONTRACTOR'S LICENSE: Bidder to possess appropriate license for the project in accordance with current reg ulations/statutes. The vendor shall possess a current State of California contractor's license covering the work to be performed.The proposal must indicate the license held by the bidder,which enables him/her to perform the work. Number and Class: < Date of Issue: INSURANCE: Name of Insurance / Carrier:V\;1tv UVCAflU S-tnJ~U Public Liability:~'*-~~~~JA.rCA V'l~~xpires:~b,d-co5 Automotive:.eJLII\{.erp~k§/y\:'(AV't\iY'fL .Expires:Kb 1 ;).oD5 Workman's Compensation:~k ~-A5WIJ~Q~m..l1.liV\EXPires:~.~Oi Proof of maintenance of adequate insurance will be required before award is made to vendor. GUARANTEE:The bidder shall state his written guarantee here: G:\RFQ\962-3993TOWINGSERVICE.DOC Quotation No.962-3993 Page 11 VENDOR MUST COMPLETE AND RETURN WITH REQUEST FOR QUOTATION. "*Firm:}J Tou 1 REFERENCE LIST OJvg~~ The bidder shall submit a list of at least three (3)customer references.Such references shall be customers for whom the vendor has recently performed similar services. Reference Name:City:R~1lD Phone No.:taZ\.-"dSL\.'~~ "'- Contact:f'.\ff\~V"(\\~Date and Service Provided: :z:E!!: Reference Name:--& Contact:-~(~.~ Date and Service Provided: c..-la~<M-S- City: Phone No.: r-- ~'Wl0 q l\1 r-2>'-\Lq z a;m =:1:,---._~":.:"..-."'".-.- Reference Name: Contact: ~,ey\o 9~~s ~)t City:.~cJ S\r\clc,¥~f'\L<.}qq Y"\Phone No.:~ Date and Service Provided: -...,,,... ~:~:::~:ce N~me:~~~~l0~~i~~-~~""-~----- Date and Service Provided:Phone No.:'dD'\~d-l-'t>'-\l3 :e:erenceName:-~~~~~~~~e~:--~~--- Contact:'0o~K'U.~~PhoneNo.:1Joq-=:-%23-t~\ / Date and Service Provided: FAILURE TO PROVIDE A LIST OF A T LEAST THREE (3)CUSTOMERS MA Y BE CAUSE FOR REJECTION OF THIS RFQ. G:\RFQ\962-3993TOWINGSERVICE.DOC Quotation No.962-3993 Page 12 ." FORM W-9 Request for Taxpayer Identification Number and Certificate G:\RFQ\962-3993TOWING SERVICE.DOC Quotation No.962-3993 form W-9 (Re\!.'-2003) Page 14 Page 2 Example.Articll?20 of tile U.S.-Cllina income tax treaty allm"!s an exemption from tax for scll0lar~tlip .income receiveel by a Cll1nese stuclent temporarily present In the Uniteel States.Uncler U.S.law tills stLl(lent',!'!illl)ecomea resielent <:llienfor tax purpo'Se,:>if Ill':>or Iler ~,tJy in tile Uniteel State'S exceeeis 5 c<:lleml<:lryears.However,paragrapll 2 of tile firsl Protocol to tile U.S.-Cllina treaty (elated April 30, 1£184)allo',:,;stile prcNlslons of Article 20 to continue to apply even after tile Cllinese stuclent l)ecome'S a resielent alien of tile Unitecl States.A Cflinese 'Stuc!ent'Wll0qualifies for tllis exception (uncler paragrapll 2 of tile firsl protocol)and is relying on tllis exception to claim an exemption from tax on Ills or Iler scholarsllip or fello"NstlipIncome would attacll to Form 'N-9 a~,latement tllat includes tile information describecl al)ove to support that exemption. If you a re a nonresidenl alien or a foreign entny not sut~ecl to IxIckUp witlll10leling.give tile requester tile appropriate completed Form 1;1/-8. Whal is backup wRhholding?Persons making certain payments to you must uncler certain conelitions willlllOlelami pay to the IRS 30'%of SUCllpayments (29'*.after December 31.2003:28'=':'0after December 31,2005).Ttlis i,:>called "backup '>NitllI10Iclill~l."Payments that lTIay be subject to I)ackup willliloleling incluele interest.elividends.broker ami barter excl1ange transactions,rents,royalties.nonemployee pay.ancl certain payments from fishing boal operators.Real estate transactions are not subject to backup \NitilholcJJng. You 'Nillnot be ,:>ubjectto backup witllilolelingon payments you receive if you give IIle requester your correct TIN..make Ihe proper certifications and report all your taxable interest anel divielenClson your tax return. Payments you receive will be subject to backup withholding if: 1.You clo not furnisll your TIN to the requester,or 2.Youclo not cenify your TINwhen requireel(see tile Part II instructions on page 4 for eletails),or 3.Tile IRS tells tile requester that you furnished an incorrect Tlr-J,or 4.Tile IRS tells you tllat you are subject to backup willlholeling because you elid not report all your interest and cJividends on your tax return (for reportable interest anel clividendsonly).or 5.You clo not certify to the requester tllat you are not subject to backup '.'.'itllllOldinguneler 4 above (for reportable intere':>tand divielenelaccounts openeel after 1983 only). Certain payees anel payments are exempt from backup willliloicling.See tile instructions belov'.'and the separate Instructions for the Requ~ster of Form W-9. Penalties Failure to furnish TIN.Ifyou fail to furnisllyour correct TIN to a requester,you are subject 10 a penalty of $50 for each such failure unless your failure is due to reasonable cau,:>e a nel not to willful neglect. Civil penally for false informationwith respect to withholding.If you make a false slatement with no reasomble basis tllal results in no backup witllholding..you are subject 10 a $500 penallY. Criminal penalty for falsifying information,Willfully falsifying certification'Sor affirmations may subject you to criminalpenalties includinfl fines anel/orimprisonment. Misuseof TINs.If tile requesler clisclosesor uses TINs in violation of FeelerallalN.tile requester may be sulJjectto civil and criminal pemlties. Specific Instructions Name If you me an inclividual.you mu':>tgenerally enter the name Sllo',,'mon your ,:>ocjalsecurity card.HO'v'iever,if YOLIIlave cllanged your last name,for instance,clueto marriage ":vitllOUt informingtile Social Security Administration of tile name cllange,enter your first name,tile last name sllown on your social ~,ecurity card,anel your ne',N last name. If the account is in joint names..list first,anel tllen circle, tile name of tile person or entity v.hose number you entered in Part I of tile form. Sole proprielor.Enter your individual name as shown on your social security carel on tile .,Name"line.You may enter your I)usiness.tracie,or "doing business as (DBA)"name on tile "Business name"line. Limileclliabilily company (LLC).If you are a single-meml)er LLC Onclucling a foreign LLC witll a elomestic owner)tllat is efisregareleel as an entity separate from its owner under Treasury regulations section 301.7701-3,enter the owner's name on the "Name"line.Enter the LLC's name on tile "Business name"line. Other enlities.Enter your business name as shown on required Federal tax elocumentson the '"Name"line.Tlli,:> name sfloulel matctl tile name shown on the charter or other legal document creating the entity.You may enter any business.-trade,or DBA name on tile "Business name"line. Note:'rou are requesied io cJled t.h.eappropriace bOx for your status rlndMdual/sole proprieror:corporation etc,). Exempt From Backup Withholding If you are exempt.enter your name as described aqolJe anel check tile appropriate box for your status,then check tile "Exempt from backup INitlll10ldlng"box in tfle line following tile business name,':>ignand date tile form. Generally,inclividuals (including sole proprietors)are not exempt from backup witllholding.corporations are exempt from backup witf1floleling for certain payments,SUctl as interest and dividends. Nole:If you iJreeXempi (rom backup wiC/lllOlding,YOLI s/!Ouid still compleie tllis (orm co ,-woidpossible erroneous backup ~'\..it!ll)Qlding. Exempt payees.Backup witllholding is nol required on any payments made to tile following payees: 1.An organization exempt from tax under section 501(a), any IRA,or a CUSloclialaccount under section 403(b)(7)if the account satisfies tile requirements of section 401(fHZ): .2.Tlie UniteelSlates or any of its agenciesor instrumenlalities: 3.A state,tile District of Columbia,a po,:>sessionof the United States.or any of tlleir political subdivisions or instrumentalities: 4.A foreign government or any of its political sUbelivisions, agencies,or instrumentalities:or 5.An international organization or any of its agencies or in'Strumentalities. Olher payees tllat may be exempt from backup "Nitllholding include: 6.A corporation: 7.A foreign central bank of issue: 8.A dealerin securitiesor commoditiesfequifedto register in tile United States,the District of Columl)ia,or a possession of tile Uniteel States: Quotation No.962-3993 f oon ':';.9 (Rev.'1.2003) Page 15 Page 3 9.P.ruturE>~,commission mf'r~11Z1ll1re9ister8cl ";'litl1 tilE> COllll1lOclity FUtures TlaLling COlill1lission: 10.A real estall'>investrn",nt trust: 11.An entity rer,Ii~,tPl0cl at alilime~,cluring tile lax yea! uncler tilE>Inv8~,lInelll Company Act of 1940: 12.A common trllst funcl operated by a bank unde! Y?ction 584iai: 13.A financial institution: 14.A lllici(lIeman kno'.Nn in tilE>inveslmPIll community as a nominee or custodi3n:or 15.A trusl 8Xell1pt flom t3X un(ler section 664 or (iescribeci in ~,ection 4947. TI,e Cllaft below SllO';.IStypes of payments tllat may be exempt from backup .'!itlliloiding.The chart applies to tile exempt recipients listeel above.1 tllrougl115. If the payment is tor...THEN the payment is exemptfor... Int(H'~"an,1 di'!id('nd p'lYI11(.nI5 AI C-X('lllpt rc.~ipi('IH:,except frA 9 8r.;.Kc-rIralh;Kti.)I1:i Exempl r'~cipioIlIS 1 tlll,}ugh 13. Also.n pOiSOIl ro:-gbtc-rud ulldur lI),;In'iu.,trn'~nt Advi:iN5 A.;t of 1940 wllo rc'gulnrly nCb .:\5 a bwkc'r 8artci .~:<dlang0 tran:,actic.n:i and patr')I1<IO;p (Ir'ikl.~n(~, Ex'~IlVI r.}clpionts 1 lIlr':ough 5 paYI11(.nt'i o'/or 'S600 r('(juir,}d to b(.rep.)rtc..:1 CIIKI(Iire'(.1 :i.:J!('"')'.'N $.:..o)("j I GO:-l1c.rally emmpl fo}cipionts 1 through 7 2 1 See Form 1099-MISC.MiscelL1neous Income.and ils inslnJClions. 1 HOI'.ever.1l1e [01l0WU19 payments made 10 a coq:oraliol1 (uleluding gross proceeds paid to an attorney lInder ~lion &045(1).e"'en if Ille attorney is a corporalion)and '''lX'rlable on foon 1099-MISC are not exempt rrom backup will1l10ldu1g:",edicol ond l1<>..lIlhCaIe payments.altOlneys'r£€S;and pao,ments for services paid by a fc-dera!execuli',oIJ agency. G:\RFQ\962-3993TOWINGSERVICE.DOC Part I.Taxpayer Identification Number (TIN) Enter your TIN in tile appropriate box.If you are a resident alien ancl you (10not flave ancl ar8 not eligiljle to get an SSN,'lour TIN Is your IRS indiviclLk11taxpayer iclentificatlon number (ITIN).Enter it in tI,e soci[ll security number box.If YOLIclo not I\ave an ITIN..see How to get a TIN below. If 'Iou arl?asole proprietor and you IW/e an EIN.you may enter eitller your SSN or EIN.Howel/er.tile IRS preFersttlat you use your SSN. If you are a single-owner LLC tl13t is disregarded a,:>an entity separate from its owner (see Limited liability company (LLC)on page 2).ent8r your SSN [or EI~L if you Ilaveonei.If tile LLC is a corporation,partnerstlip.etc"enter tile entity's EIN. Note:See i/le cl1art on page 4 for furtl1er clarification of name and TIN combinJtioJ15. How to get a TIN.If you do not tlave a TIN.apply for one immediately.To apply for an SSN,get Form 55-5. Application for a SOCk11Security Card..from your local Social Security Aelministration office or get tills form on-line at www.ssa.gov/onlinelss5.l1tml.You may also get tills form by calling 1-800-772-1213:Use Form W-7.Application for IRS Individual Taxpayer Identification Number.to apply for an ITIN.or Form 55-4.Application for Employer Identification Number to applYfor an EIN.Youcan get Forms1,'1-7an(1 SS-4 from the IRS by calling 1-800-TAX-FORM (1-800-82.'9-3676)or from the IRS Web Site at www.irs.gov. If you are asked to complete Form W-9 but (10not have a TIN,".vrite "Applied For"in tile space for the TIN.sign and date tile form.anel give it to the requester.For interest an(1 diviclencl payments,ami certain payments maclewilll respect to reaclily traclable instruments.generally you wilillave 60 days to get a TIN ami give it to the requester before you are subject to backup witlliloiding on payments.The 50-day rule does not apply to other types of payments.Youl,vill be subject to backup wittliloiding on all suctl paymellts until you provide your TIN to the requester.- Note:Vlriiing "Appiied For"means tJ1atyou/wife already applied for a TlN or ihat you intend to apply for one soon Caution:A disregarded domestic entiiy tlJai 11JSa foreign owner InHsi LIse t/1e appropriate Form VI-B. Quotation No.962-3993 Fonn ''''.g iRev.1.2003) Page 16 Page 4 Part II.Certification T,)est'-:jL)lishto ttlE>'.:.;i1l1110Ieling3gel1\that you are a U.S. person.01 resiel811talien.sign Form W-9.You may be requestecl to ~,igll by tile '.:;itlliloicling agent even ir items 1..3 and 5 below indicate otllerwise. For iJ joint iJccounl.only tile person .,vhose TIN is sllown in Pan I slloulel si~ln 1':.;118nrequired).Exempt recipients.see Exempt from backup withholding on page 2. Signature recluirements.Complete the certification as iliclicatec!in 1 through 5 I)elow. 1.Interest dividend,and barter exchange accounts opened before 1984 and broker accounts considered active during 1983.You must give your correct TIN.but you clo not flave to sign tile certification. 2.Interest,dividend,broker,and barter exchange accounts opened after 1983 and broker accounts considered inactiVe during 1983.Youmust sign tile certification or bacl<.up \'v'itlliloiclingwill apply.If you are subject to backup --:.ithllolellngand you are merely providing your correct TIN to the requester,you must cross out item 2 in tile certificiJtion I)efore signing the rorm. 3.Real estate transactions.You must sign Ule certification.You may cross out item 2 of the certification. 4.Other payments.You must give your correct TIN.fjut you clo Ilot Ilave to sigl1 'tlle certification unless you have been notirieeltllat you llave previouslygiven an incorrect TIN. "Otller payments"include payments made in tile course or tile requestt?(s traele or business for rents.royalties.goods (other ttlan bills for mercllancJise),medical anel l1ealthcare services (inclucJing payments to corporations)..payments to a nOllemployee for senfices,payments to cenain rislling boat cre'"",members and fishermen.and gross proceeds paid to attorneys (illcluclillgpayments to corporations). 5.Mortgage interest paid by you,acquisition or abandonment of secured property,cancellation of debt, qualified tuition program payments (under section 529), IRA or Archer MSA contributions or distributions,and pension distributions.Youmust give your correct TIN,but you do not Ilave-to sign tile certification. What Name and Number To Give the Requester For tl1is tYPQ of account: 1.Ino:ividlk'1l 2.l.NC>or 1ll0fC'inclivi.juilh ue'ult e,ccounli 3.C u:,te.dian eJC'~Olllltl)f <I minor \Unlforlll Gin to Millo)rS Act; 4.A.Tlw u:;ual re"lo)u:,b~:' savings trust (grantor is also trustee) b.So-call;,(1 tru:;t <lccount tllat i~not a 1.2gal or valid trust unde.r st.:tle law 5.Solo:'propril}[,)rsllip or sin'~lc-own(>f L LC Give namQ and SSN of: Th,:-inctividu<ll Th"actual O'Nnc-r or tile.a,~cc,unt or if cOlllt.ilwcl lunch,lIw fir:,t incjj'.ticilial ')n tho:.ilccollnt 1 Tile'Illinor 2 Tile.grantor.trustN'I TI1(o ilc-tual C,":'i11o2r 1 TI1C'ownN J For tl1is type of account: 6.So~:-prOj:~i0tc.r"llip c,r singlo:.-,j'/.in0r LLC 7.A valiel trllst ostate.,or r"..:OI1'iion trust 8.(e.rporate.Of LLC 0Ic.~ting corporate stiltus on Form 8832 9.As~c-Gi<Jticndub.r;,1i9~:'u~. cllmiWble.oe!ucational.or oliler taX';'X':-lllpt organization 10.PartnNsl1ip or Illulti-member LLC 11.A brokc'r or rc-gi:;tNe.d nOmil1(o<2 12.Account will1 th"Dcpmtmont of Aqriculture U1lile naillo of iI pubtic ;,ntay (sUCI1as a state or ~)CaI gov0n1ll1~nl. SCI1001district,or prison)tllat roco:.i\4)Sa9ricultum!program paymonts Give name and EIN of: Tile ownN J Log;]1 Olllity.l Tho:.corp,xution Tll('organjzatic~l Tlw pmtnefsllip ThE'broker or nominN' Th~public entity 'list nrstand circleIhenameof the personwhoseIlLUl1bl?fyou rurnish.Ifonly one person on a joinl account has an SSN.!hat person's number must be rumished. 'CilCle the minor's name and rumish the minor's SSN. 3 You must show your individual name,bUl you may also enter your business or "DBA"name.You may use eUl'"your SSN or EIN (ir youllave one). I list first and c~clethe nameor the lEgal tlUSt.estate.or F"nsion Irust.(Do not rlmish Ihe TIN of !he p;rsonal representative or trustee unless the legal entity i15elf is nOl designaled in the account title.) Note:If no name is circled wilen more r/lan one name is listed,rM number will be considered ro be rharof t/le fl15t name listed Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your cOllect TIN to persons wllo must file information returns './Vitlltile IRS to repol1 interest,dil/ielenels,and certainotller income paiel to you.mongage interest you paid.the acquisition or abanelonment of secured property,cancellation or elebt.or contrlbutiOll~.you made to an IRAor Arcller MSA.The IRS uses tile numbers for identification purposes anel to help verify the accuracy of your tax return.Tile IRS may also provide this inrormation to tile Department of Justice for civiland criminal litigation.and to cities.states,ami tile District of Columbia to carry out their tax 13'>1'.'5.liVeIllay also clisclose tllis information to other countries umler a tax treaty-or to Feeleral anel state agencies to enrorce Feeleral nontax criminalla'v'js and to combat terrorism. You IllLlstprovide your TIN\Nhetheror notyouarerequiredto file a tax return.Payersmustgenerallywitll110ld30%or taxable interest clivielend,anel certain oliler payments to a payee who eloes not give a TINto a payer.Certain penalties may also apply. 0 1.:).IIY\.ol\~VL-J~~J Iun "'I.:)""'''Vlv'''.UUv Quotation No.962-3993 '.. SPECIFICATIONS AND REQUIREMENTS G:\RFQ\962-3993TOWING SERVICE.DOC Page 17 Quotation No.962-3993 Page 18 SPECIFICATIONS AND REQUIREMENTS These specificationsand'''requirementshave been written by the County's Sheriff's Department.Any clarification of these requirements may be obtained by contacting County Purchasing,phone (559)456-7110,or fax (559)456-7831. The County of Fresno requests bids for service to be performed by licensed automobile dismantlers and tow companies.Such service shall consist of transporting abandoned, wrecked,dismantled or inoperative vehicles from private or public property,not including highways,to a place of storage for demolition in accordance with the attached specifications and the Areas attached hereto: The bidder is to submit his bid price for areas he may be interested in serving.Any or all areas may be bid on.(Attached Fresno County map,divided by Areas 1,2,3 &4.) The County of Fresnohas enactedArticle IIof Chapter 44 of the Fresno County Code of Ordinances,which provided for the removal and dismantling of abandoned,wrecked, dismantled or inoperative vehicles on public and private property within the unincorporated area of the County. In implementing this ordinance the County of Fresno is desirous of obtaining the services of Licensed Automobile Dismantlers and Tow Companies to remove these abandoned vehicles, parts or hulks as the case may be,from private and public property upon request from the Fresno County Sheriffs Department whose office has been charged with the enforcement responsibility. The County has been divided into four (4)geographical areas in accordance with the attached map.The automobile dismantler/tow operator will be required to pick up the abandoned vehicles or parts thereof after authorization has been given to them by written document and remove same to their place of business after which the County surrender its interest. Vehicles ordered to be removed by the Fresno County Sheriff Department shall become the property of the Contractor after he has picked them up and he shall be responsible for making appropriate disposition of such vehicle.In accordance with the provisions of said Ordinance Code Such Vehicles shall not thereafter be reconstructed or made operable.No vehicle shall be salvaged.All must be destroyed by a licensed auto dismantler or scrap yard. The Tow Companies in each geographical area will be required to provide,maintain and operate equipment sufficient to fulfill the requirements of this agreement and capable of removing at lease five (5)vehicles or parts thereof each week. The Specifications are not intended to prohibit the Contractor from Soliciting automobile removal;salvage and dismantling business from other political subdivision from private individuals.However in doing so,the Contractor shall not directly or indirectly suggest,state or imply that state law or County Ordinance requires such removal.Specifications do not apply in any way to vehicles which are removed,salvaged or dismantled at the request of other political subdivides or private individual and the County shall make no payments or shall have no responsibility whatsoever in connectiqn with any transaction undertaken by the contractor. The Automobile Dismantler or Tow Company will also agree to remove all vehicles promptly and in any event no later than seven (7)days after the written order of removal is received G:\RFQ\962-3993TOWING SERVICE.DOC Quotation No.962-3993 Page 19 from the Fresno County Sheriff's Dept.When removing the vehicles or parts thereof,the property on which it was located shall be left free from glass or other debris. The contractor shall assume all risks incident to or in connection with its operations and shall be solely responsible for all accidents or injuries to persons on property alleged to have been caused by its operations pursuant to this work and the Contractor shall indemnity defend and save harmless the County from any and all claims,suits,losses or damages for injuries to persons or property arising out of the operations of the Contr~ctor,its agents and employees, provided,however,that this undertaking shall not apply to claims,suits,losses or damaged arising out of careless,negligent or improper acts or omissions of the county and its officers employees and agents. The Automobile Dismantler or Tow Company is not required to obtain permission of the owner upon which a vehicle has been ordered removed before entering thereon but the contractor shall not forcibly enter nor continue his operation if objection thereto is encountered. Contractor will immediately report any such incident to the Fresno County Sheriff's Department Official for further direction. Dry Runs.In the event that the towing contractor is requested to remove a vehicle by the County,and upon contractor arrival at the location properly equipped to remove the vehicle.If the vehicle has been removed,the County will pay to the contractor the sum of $0 for each of said "dry runs".. Estimate of number of vehicles to be removed.It's unknown at the present time,how many vehicle will be towed under this ordnance. This contract is separate and apart from the Sheriff Department Rotational tow list and the county fleet tow list. Contractors will be paid by the Fresno County Sheriff's Department in accordance with the bid submitted,for a contract period of one year. G:\RFQ\962-3993TOWINGSERVICE.DOC Quotation No.962-3993 Page 20 .~. FRESNO COUNTY CODE OF ORDINANCE TITLE 11 -VEHICLESANDTRAFFICCHAPTER11.44 -ABANDONEDVEHICLES G:\RFQ\962-3993TOWING SERVICE.DOC Quotation No.962-3993 Page 21 Title 11 VEHICLES AND TRAFFIC Chapter 11.44 ABANDONED VEHICLES 11.44.010 Definitions.'... As used in this chapter,the following terms shall have the following meanings: "Abandoned vehicle"means any vehicle left on the property of another without the property owner's permission or any dismantled,inoperative or wrecked vehicle on private properly. "Dismantled vehicle"is one which is in pieces. "Inoperative vehicle"is one that is either mechanically incapable of being driven on its own power or prohibited from being operated on a public street or highway pursuant to the provisions of Vehicle Code sections 4000,5202,24002 or 40001,concerning license plates, registration,equipment,safety and related matters. A "low-valued vehicle"is one which meets all the following conditions: (1)the vehicle is inoperative due to the absence of a motor,transmission,or wheels and is incapable of being towed,(2)is valued at less than two hundred dollars ($200.00)by a person specified in Section 22855 of the California Vehicle Code,(3)is determined by the sheriff to be a public nuisance presenting an immediate threat to public health or safety,and (4)the property owners have signed a release authorizing removal and waiving her interest in the vehicle or parts thereof. "Vehicle"for purposes of this chapter has the same meaning as Section 670 of the California Vehicle Code,which defines a vehicle as a device by which any person or property may be propelled,moved,or drawn upon a highway,excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.The definition of "vehicle"for purposes of this chapter excludes any machine designed and to be used for an agricultural implement and not intended to be used as a means of transportation on highways,although on occasion it may be temporarily operated thereon. "Wrecked vehicle"is one that is destroyed,disabled,seriously damaged,crashed or ruined. For purposes of this chapter,the term abandoned vehicle will be utilized to encompass abandoned,dismantled,inoperative,or wrecked vehicles and shall be synonymous with each of these terns.(Ord.00-001 (part):Ord.567 §1 (part),1974.) G:\RFQ\962-3993TOWINGSERVICE.DOC Quotation No.962-3993 Page 22 Title 11 VEHICLES AND TRAFFIC Chapter 11.44 ABANDONED VEHICLES ~;",. 11.44.011 Exclusions. ---- This chapter shall not apply to any vehicle or part thereof which is: A.Completely enclosed in a lawful manner within a building,a solid fence,wall or hedge between five (5)and six (6)feet in height,or otherwise located so as not to be visible from the street or other public or private property;or B.Stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler,licensed vehicle dealer or a junk yard. Nothing in this chapter shall authorize the maintenance of a public or private nuisance as defined under provisionof law.(Ord.00-001 (part):Ord.567 §1 (part),1974.) G:\RFQ\962-3993TOWINGSERVICE.DOC Quotation No.962-3993 Page 23 Title 11 VEHICLES AND TRAFFIC Chapter 11.44 ABANDONED VEHICLES 11.44.012 Not exclusive'regulation. This chapter is not the exclusive regulation of abandoned,dismantled,inoperative,or wrecked vehicles within the county.It shall supplement and be in addition to the other regulatory codes, statutes,and ordinances heretofore or hereafter enacted by tre county,the state,or any other legal entity or agency having jurisdiction.(Ord.00-001 (part):Ord.567 §1 (part),1974.) Title 11 VEHICLES AND TRAFFIC Chapter 11.44 ABANDONED VEHICLES ---..---..------- 11.44.020 Enforcement. This chapter shall be administered by the sheriff of the county by and through the regularly salaried,full-time employees of the county,except that the actual removal of vehicles or parts thereof from property may be by other duly authorized persons.(Ord.00-001 (part):Ord.567 § 1 (part),1974.) Title 11 VEHICLES AND TRAFFIC Chapter 11.44 ABANDONED VEHICLES -..'.-- 11.44.021 Citation for violation. In addition to the enforcement proceedings contained in Section 11.44.020,the sheriff and any peace officer as defined by Penal Code Sections 830 and 830.1 are hereby authorized to issue citations to the owner or occupant of the property upon which the abandoned, dismantled,inoperative,or wrecked vehicle,or parts thereof,is located.Any person issued a citation for violation of any provision of this chapter shall appear before the appropriate court within the county as set forth on the citation.(Ord.00-001 (part):Ord.567 §1 (part),1974.) Title 11 VEHICLES AND TRAFFIC Chapter 11.44 ABANDONED VEHICLES --.---.----- 11.44.022 Prohibition--Criminal penalty. It shall be unlawful for any person to fail or refuse to remove any abandoned,dismantled, inoperative,or wrecked vehicle,or parts thereof,or refuse to abate such nuisance.Each and every day constituting a violation of the provisions of this chapter shall constitute a separate offense.Violations of this section or any provision of this chapter,in addition to those already prescribed herein,shall be punished according to the provisions of Section 1.12.020 of the Fresno County Ordinance Code mandating that violations be punished as infractions.(Ord. 00-001 (part):Ord.567 §1 (part),1974.) G:\RFQ\962-3993TOWINGSERVICE.DOC Quotation No.962-3993 Page 24 Title 11 VEHICLES AND TRAFFIC Chapter 11.44 ABANDONED VEHICLES ~""--~~.__.-~--~-~~,-, 11.44.040 Right of entry upon private or public property. The sheriff,authorized officers,employees of the sheriff's department,or other persons authorized by the sheriff or his authorized personnel to remove vehicles from private or public property,may enter any private or public property in the course of administering or enforcing this chapter.Any person delaying or obstructing such entry within the meaning of Penal Code Section 148(a),or otherwise interfering with such persons in carrying out their duties under this chapter is guilty of a misdemeanor.(Ord.00-001 (part):Ord.567 1 (part),1974.) Title 11 VEHICLES AND TRAFFIC Chapter 11.44 ABANDONED VEHICLES 11.44.050 Procedure. Upon receiving knowledge of an abandoned vehicle,the sheriff shall cause the same to be abated and removed pursuant to the following procedure: The sheriff shall give notice of at least ten (10)calendar days of intention to abate and remove the vehicle as a public nuisance,and that the administrative and removal costs shall be charged against the owner of the land,or the vehicle owner,if different,and constitute a lien thereon collectable with the county taxes.Such notice shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and of the owner of the vehicle.The statement shall include notice to the property owner that he or she may appear in person at the hearing or may present a sworn written statement denying responsibility for the presence of the vehicle on the land with his or her reasons for such denial in lieu of appearing. The notice of intention to abate shall be mailed by registered or certified mail or personally delivered to the owner of the land on which the abandoned vehicle is located as shown on the last equalized assessment roll,to the present owner of the land if known to be different,and to the last registered and last legal owner of record of the vehicle unless it is in such condition that identification numbers are not available to determine ownership.(Ord.00-001(part):Ord. 567 §1 (part),1974.) G:\RFQ\962-3993TOWINGSERVICE.DOC Quotation No.962-3993 Page 25 Title 11 VEHICLES AND TRAFFIC Chapter 11.44 ABANDONED VEHICLES -,.. -".-"--~.-----~~"~-~--_.c-~,_.-.-"--~----_.. 11.44.055 Notice of intention to abate--Contents. The notices of intention shall be in substantially the following form: (1 ) NOTICE TO OWNER OF LAND OF INTENTION TO ABATE AND REMOVE ABANDONED, DISMANTLED,INOPERATIVE,OR WRECKED VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE (name and address of the owner of the land--if the same as the last registered owner of the vehicle,only one notice need be sent) As owner on the last equalized assessment roll of land located at (address),you are hereby notified that the undersigned pursuant to Title 11,Chapter 44 of the Fresno County Ordinance Code has determined that there exists upon the land (or parts of an)abandoned,dismantled, inoperative,or wrecked vehicle registered to (if known or determined)license number ,(if known or determined)which constitutes a public nuisance. You are hereby notified to abate that nuisance by the removal of the vehicle (or parts of a vehicle)within ten (10)days from the date of mailing or personal delivery of this notice,and upon your failure to do same,the nuisance will be abated and removed by the Sheriff and the costs thereof,together with administrative costs,assessed against your land upon which vehicle (or parts of a vehicle)is located.You are also notified that you may,within ten (10) days after mailing of this notice of intention,request a public hearing.If the Fresno County Sheriff does not receive a request for a hearing within the ten (10)day period,the Sheriff shall have the authority to abate and remove the vehicle(s)(or parts of a vehicle(s))as a public nuisance and assess the costs against your property without a public hearing.You may submit a sworn written statement within ten (10)days from the date shown below,denying responsibility for the presence of the vehicle(s)(or parts of a vehicle(s))on your land,with your reasons for denial.This statement shall be construed as a request for a hearing at which your presence is not required. If a hearing is requested,you or the landowner may appear in person at any hearing to contest the Sheriff's determination of the abandoned vehicle as a public nuisance.In lieu of a personal appearance,you or the owner of the vehicle,may present a sworn written statement contesting the Sheriff's determination of the abandoned vehicle as public nuisance,in time for consideration at the hearing. Notice mailed or personally served: (date) (Signature Sheriff of the County of Fresno (2) NOTICE TO REGISTERED OWNER OF VEHICLE OF INTENTION TO ABATE AND REMOVE AN ABANDONED,DISMANTLED,INOPERATIVE,OR WRECKED VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE G:\RFQ\962-3993TOWINGSERVICE.DOC Quotation No.962-3993 Page 26 (name and address of last registered owner of record of vehicle--if different than owner of land,notice should be given to both.) As last registered or lega\-.ownerof record of (description of vehicle--make,model,license, VIN,etc.)you are hereby notified that the undersigned pursuant to Chapter 11.44 of the Fresno County Ordinance Code has determined that the vehicle (or parts of a vehicle)exist as an abandoned,dismantled,inoperative,or wrecked vehicle at (describe location on public or private property)and constitutes a public nuisance pursuant t9 the provisions of Chapter 11 .44. You are hereby notified to abate the nuisance by removal of the vehicle (or the parts of a vehicle)within ten (10)days after mailing or personal delivery of this notice set forth below.If you fail to remove the vehicle,it will be abated and removed by the Sheriff and the costs thereof,together with administrative costs,assessed against you as owner of the vehicle (or parts of a vehicle). As registered or legal owner of record of the vehicle (or the parts of a vehicle),you are hereby notified that you may,within ten (10)days after the mailing or personal delivery of this notice, request a public hearing.If the Sheriff does not receive such request for a public hearing by ten (10)days after the date on the Notice,)the Sheriff shall have the authority to abate or remove said vehicles (or the parts of a vehicle)without a hearing.You may submit a sworn written statement within ten (10)days from the date shown below,denying responsibility for the presence of the vehicle(s)(or parts of a vehicle(s))on your land,with your reasons for denial. This statement shall be construed as a request for a hearing at which your presence is not required.If a hearing is requested,you may appear in person at any hearing to contest the Sheriff's determination that the abandoned vehicle constitutes a public nuisance.In lieu of a personal appearance,you may present a sworn written statement contesting the Sheriff's determination that the abandoned vehicle constitutes a public nuisance,in time for consideration at the hearing. Notice mailed or personally served: (date) (Signature Sheriff of the County of Fresno) (Ord.00-001 (part):Ord.567 §1 (part),1974.) G:\RFQ\962-3993TOWINGSERVICE.DOC Quotation No.962-3993 Page 27 Title 11 VEHICLES AND TRAFFIC Chapter 11.44 ABANDONED VEHICLES -» 0 ----------~~-'~~~-' 11.44.060 Request for hearing. The owner of the vehicle or the owner of the land on which the vehicle is located may request a public hearing to be held by the sheriff of the decision by the sheriff to abate and remove the vehicle or make the costs thereof a charge against the owner of the land,or the owner of the vehicle(s),by filing a written notice requesting such hearing with the sheriff s department before expiration of the time to abate and remove the vehicle as set forth in the notice of intention to abate and remove provided for in Section 11.44.050.If the owner of the land on which the vehicle is located or the owner of the vehicle,if different,submits,within such time period,a sworn written statement denying responsibility for the presence of the vehicle on the land,this statement shall be construed as a request for a hearing that shall not require the presence of the owner submitting the request.(Ord.00-001(part):Ord.567 §1 (part),1974.) Title 11 VEHICLES AND TRAFFIC Chapter 11.44 ABANDONED VEHICLES ---- 11.44.061 Waiver of notice of intent to abate and remove. The procedures set forth in Section 11.44.060 shall be waived if the property owner or the owner of the vehicle,if different,have signed releases authorizing removal of the vehicle and waiving further interest in the vehicle or parts thereof.In addition,a notice of intention to abate is not required before removing the vehicle when all of the following conditions have been met:(1)the vehicle is inoperative due to the absence of a motor,transmission,or wheels and is incapable of being towed,(2)is valued at less than two hundred dollars ($200.00)by a person specified in Section 22855 of the California Vehicle Code,(3)is determined by the sheriff to be a public nuisance presenting an immediate threat to public health or safety,and (4)the property owner or the vehicle owner has signed a release authorizing removal and waiving further interest in the vehicle or parts thereof.(Ord.00-001 (part):Ord.567 §1 (part), 1974.) Title 11 VEHICLES AND TRAFFIC Chapter 11.44 ABANDONED VEHICLES ----.-.-- 11.44.062 Notice of disposition of low-valued vehicle and intent to dispose. Before final disposition of a low-valued vehicle for which evidence of registration was recovered,the sheriff shall provide notice to the registered owners of intent to dispose of the vehicle,or parts thereof that are not claimed and removed within twelve (12)days after notice is mailed or personally served to the owners.(Ord.00-001 (part):Ord.567 §1 (part),1974.) G:\RFQ\962-3993TOWINGSERVICE.DOC Quotation No.962-3993 Page 28 Title 11 VEHICLES AND TRAFFIC Chapter 11.44 ABANDONED VEHICLES.>. ..'~.~,co.CL>--.,-'-'-'«"-""..,<~~~._.~~.'._,~,.--~...,~~---~--~,-,~,'---'---,........--- 11.44.070 Stay pending decision of hearing. In the event no request for a hearing is timely received,the sheriff may proceed to cause the removal of the vehicle and charge the administrative and rembval costs to the owner of the land on which the vehicle is located or the owner of the vehicle,if different.In the event a request for a hearing is received,the vehicle may not be removed until ten (10)calendar days after mailing or personally delivering notice of the decision of the sheriff to all interested persons.(Ord.00-001 (part):Ord.567 §1 (part),1974.) Title 11 VEHICLES AND TRAFFIC Chapter 11.44 ABANDONED VEHICLES 11.44.080 Hearing. In the event a request for a hearing is timely received,the sheriff shall set the same for a public hearing on the question of abatement and removal of the vehicle or parts thereof as an abandoned,dismantled,inoperative,or wrecked vehicle,and the assessment of the administrative costs and the costs of removal of the vehicle or parts thereof against the property on which it is located or the owner of the vehicle.Notice of the hearing shall be mailed by registered or certified mail at least ten (10)calendar days before the hearing to the owner of the land and to the owner of the vehicle,unless the vehicle is in such condition that identification numbers are not available to determine ownership.Notice of the hearing shall be mailed to the address provided by the owner of the land or the owner of the vehicle as set forth in the request for hearing.The sheriff or his designee shall hear all interested persons and all relevant evidence offered.The technical rules of evidence shall not apply.The facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning the vehicle's location on the land.The sheriff or his designee may find that the vehicle is not abandoned,dismantled,inoperative or wrecked within the meaning of Section 11.44.010 and order termination of abatement proceedings.The sheriff or his designee may impose such conditions and take such other action to carry out the purpose of this chapter.The sheriff or his designee may extend the stay of the abatement order to give the vehicle owner or the landowner additional time to voluntarily remove the vehicle.At the conclusion of the public hearing,the sheriff or his designee may find that a vehicle or parts thereof have been abandoned,dismantled,inoperative,or wrecked on the land and direct the abatement and removal of the vehicle as a public nuisance,and dispose of it as provided herein and determine the administrative costs and costs of removal to be charged against the owner of the land or the owner of the vehicle.The sheriff or his designee shall prepare and shall serve the registered or legal owner of the vehicle and the owner of the land with a copy of the findings after the hearing in the form of a written order.Any written order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number and license number of the vehicle,if available at the site.The written order may be served by mail or personal delivery.If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that he or she has not subsequently acquiesced to its presence,then the land owner shall not be assessed administrative and removal costs as permitted by Section 11.44.130 and Vehicle Code 22661. G:\RFQ\962-3993TOWINGSERVICE.DOC Quotation No.962-3993 Page 29 (Ord.00-001 (part):Ord.567 §1 (part),1974.) '", Title 11 VEHICLES AND TRAFFIC Chapter 11.44 ABANDONED VEHICLES -,---,".''------ 11.44.090 Voluntary removal after appeal. If after hearing the sheriff directs the abatement and removal of the vehicle,the owner thereof or the owner of the land may voluntarily remove the vehicle within ten (10)calendar days from the date of the notice of decision,and if it is not so removed,the sheriff may proceed to cause its removal.(Ord.00-001 (part):Ord.567 §1 (part),1974.) Title 11 VEHICLES AND TRAFFIC Chapter 11.44 ABANDONED VEHICLES 11.44.100 Removal--What constitutes. The owner,land owner or sheriff,as the case may be,may remove the vehicle by placing it so it no longer falls within the definition of an abandoned,dismantled,inoperative,or wrecked vehicle as defined in Section 11.44.010 or by disposal thereof to a scrap yard,automobile dismantler's yard or other final disposition in a manner acceptable to the sheriff,to assure that it shall not be reconstructed or made operable.After the vehicle has been removed,it shall not be reconstructed or made operable unless the vehicle qualifies for either horseless vehicle license plates or historical vehicle license plates pursuant to Section 5004 of the Vehicle Code,in which case the vehicle may be made operable.Where the sheriff removes the vehicle,he may do so with his own employees,contract with one or more dismantlers or enterprises or issue removal orders on a rotation basis as in his opinion is most practical, efficient and economical.(Ord.00-001 (part):Ord.567 §1 (part),1974.) Title 11 VEHICLES AND TRAFFIC Chapter 11.44 ABANDONED VEHICLES 11.44.120 Notification of department of motor vehicles. When the sheriff causes a vehicle to be removed as herein provided,he shall within five days after the removal give written notice thereof to the Department of Motor Vehicles identifying the vehicle,or part thereof,and any evidence of registration available,including but not limited to registration,certificates of title and license plates.Licensed dismantlers or commercial enterprises acquiring vehicles removed by the sheriff pursuant to this chapter are excused from recording requirements of Section 11520 of the Vehicle Code and fees provided therein are waived provided that a copy of the order of the sheriff authorizing disposition of the vehicle is retained in the dismantler's or commercial enterprise's records.Voluntary removal by the owner of the vehicle or property owner or by a dismantler or commercial enterprise at the request of such owner shall not require the sheriff to give notice to the Department of Motor Vehicles as required in this section,but shall be considered a private transaction and the G:\RFQ\962-3993TOWINGSERVICE.DOC Quotation No.962-3993 Page 30 parties thereto shall adhere to the provisions of the Vehicle Code relating thereto.(Ord.00- 001 (part):Ord.567 §1 (part),1974.) '" Title 11 VEHICLES AND TRAFFIC Chapter 11.44 ABANDONED VEHICLES ..-~.."..~~u==~.--"~-"'' 11.44.130 Collection of costs. The County of Fresno shall collect the cost to the county of removal of vehicles pursuant to the provisions of this chapter as follows: A.Where the owner of the vehicle or owner of the property on which the vehicle is located voluntarily accomplishes the removal,there shall be no charge; B.Where the owner of the vehicle or the owner of the property on which the vehicle is located voluntarily removes the vehicle after a hearing and decision requiring its removal,the charge shall consist of the administrative costs of the county in accordance with the schedule therefor established by the auditor-controller based upon sound cost accounting principles; C.Where the sheriff orders the removal after formal notice,the charge shall consist of the administrative cost of the county in accordance with the schedule therefor established by the auditor-controller based upon sound cost accounting principles,together with the actual cost of vehicle removal,less the amount,if any,of payment for salvage received.(Ord.00-001 (part):Ord.567 §1 (part),1974.) Title 11 VEHICLES AND TRAFFIC Chapter 11.44 ABANDONED VEHICLES ~~' 11.44.140 Collection of costs--Procedure. Where costs have been charged by the County of Fresno or any of its entities,in accordance with Section 11.44.130,he shall mail a notice thereof by registered or certified mail to the owner of the property on which the vehicle was located or the vehicle owner,if different, demanding payment and stating that unless the amount thereof is paid within thirty (30)days after the date of the notice,such payment will be delinquent constituting a lien on the land and be collectable with the county taxes.Unless such costs are paid within thirty (30)days after the mailing of such notice,the sheriff shall report such delinquency to the board of supervisors who shall direct the county auditor-controller to place the amount of the unpaid costs on the county tax roll as a special assessment against the property pursuant to Section 25845 of the Government Code of the State of California.The assessment may be collected at the same time and in the same manner as ordinary county taxes are collected,and shall be subject to the same penalties and the same procedures and sale in the case of delinquency as provided for ordinary county taxes.All laws applicable to the levy,collection and enforcement of county taxes shall be applicable to such special assessment.(Ord.00-001 (part):Ord.567 §1 (part), 1974.) G:\RFQ\962..3993TOWINGSERVICE.DOC Quotation No.962-3993 Page 31 '''" MAPS G:\RFQ\962-3993TOWINGSERVICE.DOC Quotation No.962-3993 Page 32 FRESNO COUNTY Sheriff's Areas and Beats N A *,. 0 10 20 30 40 50 Miles I , G:\RFQ\962-3993TOWINGSERVICE.DOC Quotation No.962-3993 Page 33 Fresno Sheriffs Department Area 1 -2,397 sq.mi. 0 ~ 5 10 .. 15 20 25 MIles ! N G:\RFQ\962-3993TOWINGSERVICE.DOC Quotation No.962-3993 Page 34 Fresno Sheriff's Department '",Area2 -327 sq.mi. (\ ),,"~ 1 . ~ (L51 I II ~- I~,~-r1 -- ,...--rft-~~r ff I -=t T ~ ~~'=~~'1"1 J.'f-:--- ~I I ~-~.""",1h,~f-;-~~:1 ~I ,.~Tt-"'!~T-¥,"""\+fu t-R=<='='"I ;Y I'\. lf~1 ,-1--~i!;0 -I ,.",' _J ~F+Rl-~=\, ~I'J-I" K IrJ !Io.I :I '"A 1.J -r'J 1=1 t:i "p,~,..S~I +-'".~.,A !"I t") lIf1:J~~!"IGh ""~fC:i I I - Ji-:r J )"...1t'-!It-L.LL H+f-L-T III f- ""'"Jltl ,J I [n'"Ii 1.'"--'f -;-I T ~H~-,T I Il..i-<J ~~,";';'~'"LL'I C 1T51 ',,'-1-~J,--I I :::t I ET-LIII-!,lLf _//11 -'-j-'-C11'~~-u I -.-,I ~ , ,-+'1 J '-.'-I .~fFT1"'"i"'"I '-i,r'-'",'pT -' ~~7'1 rr:SH ~'' I LL I~~"II ~J"lc:i \1- ~...J~I='i IL3 u iJMiL I ~~ I I In ~Rittttt 0 E ~1 I +... 11 4 8 12 Miles I G:\RFQ\962-3993TOWINGSERVICE.DOC Quotation No.962-3993 Page 35 0 10 +Fresno Sheriff's Department Area 4 -2,734 sq.mi. 5 15 20 I --, *". K41 G:\RFQ\962-3993TOWINGSERVICEDOC Quotation No.962-3993 Page 36 Area 3 Mini Beats 0 5 10 15 MI. I I 00- G:\RFQ\962-3993TOWINGSERVICEDOC Quotation No.962-3993 Page 37 QUOTATION SCHEDULE ",CompanyName 1J..dJ)df'1 TOW}"1 All labor,materials,equipment,'permits,fees,taxes,insurances,licenses and vehicles etc.,to perform towing services as specified within this Request for Quotation No.962-3993. Bidders are requested to submit their pricing on any or all areas in which they are interested. The County would prefer areas to be bid on as a whole,but will consider quotes on individual beats within the areas. Area 1 Beats: (All Beats) P11 P21 P31 P41 (All Beats) L11 L21 L31 L41 L51 (All Beats) N11 N21 N31 N41 N51 (All Beats) K11 - K21 K23 K31 K41 PRICE PER Tow $3Q $~~ $1;0 $~-o $W $q() $.~ $~ $q£; ~fP6 $W $~ ~30 $30 $~& $~ $:3~ $go $~ $~O $W $30 $~?/ SHERIFF'S AREAS AND BEATS Area 2 Beats: Area 3 Beats: Area 4 Beats: /M flz.v fl5.J 1J1 ~'1 /l%W/1. t-lo/1;/"-~er:J ~~r G:\RFQ\962-3993TOWING SERVICE.DOC 107'