Common use of ROTATION LISTS Clause in Contracts

ROTATION LISTS. A. Calls generated from the Police Special Services Rotation Tow List include, but are not limited to, vehicles impounded for evidence or criminal investigation, or tow services for City vehicles. Tow services for City vehicles include, but are not limited to, towing, jump-starts, and flat tire repair. Contractor will be available for Special Service Rotation calls 24 hours a day, 7 days a week. B. Calls generated from the Regular Rotation Tow List include, but are not limited to, storage of vehicles, disabled vehicles, traffic hazards, traffic collisions, vehicles parked over 72 hours, Service Calls, or other tow services not covered under any other list. Contractor will be available for Regular Rotation calls 24 hours a day, 7 days a week. C. Calls generated from the Abandoned and Junk Vehicle Rotation Tow List includes, but is not limited to, vehicles towed pursuant to California Vehicle Code section 22669(d). Contractor will be available for Abandoned and Junk Rotation calls Monday through Friday, 8:00 a.m. to 5:00 p. m., except holidays or under special circumstances. D. The Emeryville Police Department will hire one contractor for City vehicle related service responses. E. A call to an operator shall constitute one turn on the list and the operator shall be moved to the bottom of the list. 1) This includes when the operator fails to answer the phone, is unable to respond, is unable to perform the required service, refuses to respond or provide service, or is canceled due to excessive response time. F. If it is determined the operator is not needed and is canceled by EPD, up to and including arrival on scene and standby time which does not result in a tow, there shall be no charges and the operator shall be placed back at the top of the list. G. If the operator responds to a call, as described by section 2(A) or 2(B), and is canceled by the vehicle's registered owner or agent, prior to the operator taking possession of the vehicle, there shall be no charge and the operator shall be placed back at the top of the list. 1) Possession is deemed to arise when the vehicle is removed and is in transit, or when vehicle recovery operations or load salvage operations have begun (Section 3068.1 [a] of the Civil Code [CC] and 22851[a][1] of the California Vehicle Code [CVC]). 2) Whenever a vehicle owner returns to a vehicle that is in possession of a towing company prior to the removal of the vehicle, the owner may regain possession of the vehicle from the towing company if the owner pays the tow company the towing charges (Section 22851 [a][2] CVC). H. Nothing in the TSA shall prohibit a EPD supervisor, or scene officer, from requesting a specific tow company when, in their opinion, the necessary resources to clear a hazard are not available from the tow company currently at the top of the rotation tow list. 1) In such an instance, the selected company would then go to the bottom of the list and those tow companies which were by-passed, would remain in the same list order. E. Nothing shall prohibit a Class B, C, or D operator from maintaining a position on a lighter class rotation list, provided the tow truck meets the equipment specifications for that class of operation. 1) Regardless of the class of tow truck utilized or responding to the call, charges shall not be more than for the class of vehicle towed or serviced, except when vehicle recovery operations require a larger class tow truck. I. A Salvage and Recovery Rotation Tow List shall be established by EPD when there are tow operators who meet the Salvage and Recovery Rotation Tow List qualifications established in item J. 1) This list shall be utilized whenever a large commercial vehicle is overturned and/or down an embankment. 2) This list shall not be utilized for a large commercial vehicle which is upright and on all wheels. a) The Salvage and Recovery Tow List may be for the entire City. 3) If there are no qualified companies at the time of request, supervisors shall request assistance from CHP’s approved tow list. J. Those operators on the Salvage and Recovery Rotation Tow List shall respond with the following: 1) At least one (1) driver shall have five (5) verifiable years' for-hire salvage and recovery experience. a) The five (5) verifiable years' for-hire salvage and recovery experience shall be determined by the EPD. b) The driver with five (5) verifiable years' for-hire salvage and recovery experience shall not be shared between tow operators. 2) Two (2) tow trucks which shall be one (1) Class D tow truck and one (1) Class C tow truck. a) Depending on City of Emeryville’s needs and a tow operator's equipment availability, the EPD may allow an operator to respond with one of the following to meet the two (2) tow truck response criteria: (1) Two (2) Class C tow trucks. (2) The operator assigned the initial call may, subject to a prior written addendum, request a specific operator for assistance to meet the one (1) Class D tow truck and one (1) Class C tow truck, or two (2) class C tow trucks. (3) One (1) Class C tow truck and one (1) Class B tow truck (e.g., remote Areas in the state where traffic congestion is not an issue).

ROTATION LISTS. A. Calls generated from the Police Special Services Rotation Tow List include, but are not limited to, vehicles impounded for evidence or criminal investigation, or tow services for City vehicles. Tow services for City vehicles include, but are not limited to, towing, jump-starts, and flat tire repair. Contractor will be available for Special Service Rotation calls 24 hours a day, 7 days a week. B. Calls generated from the Regular Rotation Tow List include, but are not limited to, storage of vehicles, disabled vehicles, traffic hazards, traffic collisions, vehicles parked over 72 hours, Service Calls, or other tow services not covered under any other list. Contractor will be available for Regular Rotation calls 24 hours a day, 7 days a week. C. Calls generated from the Abandoned and Junk Vehicle Rotation Tow List includes, but is not limited to, vehicles towed pursuant to California Vehicle Code section 22669(d). Contractor will be available for Abandoned and Junk Rotation calls Monday through Friday, 8:00 a.m. to 5:00 p. m., except holidays or under special circumstances. D. The Emeryville Police Department will hire one contractor for City vehicle related service responses. E. A call to an operator shall constitute one turn on the list and the operator shall be moved to the bottom of the list. 1) . This includes when the operator fails to answer the phone, is unable to respond, is unable to perform the required service, refuses to respond or provide service, or is canceled due to excessive response time. F. time (as defined in Section 9.D.). If it is determined that the operator is not needed and is canceled by EPDthe VPD, up to and including arrival on scene and standby time which does not result in a towat the scene, there shall be no charges and the operator shall be placed back at the top of the list. G. If the operator responds to a call, as described by section 2(A) or 2(B), and is canceled by the vehicle's registered owner or agent, prior to the operator taking possession of the vehicle, there shall be no charge and the operator shall will be placed back at the top of the list. 1) Possession If the operator is deemed to arise when canceled by the vehicle is removed and is in transit, vehicle's owner or when vehicle recovery operations or load salvage operations have begun (Section 3068.1 [a] of the Civil Code [CC] and 22851[a][1] of the California Vehicle Code [CVC]). 2) Whenever a vehicle owner returns to a vehicle that is in possession of a towing company agent prior to the removal operator taking possession (as defined in Attachment A) of the vehicle, there shall be no charges for towing. The operator shall immediately contact the owner may regain possession VPD and advise them of the vehicle from the towing company if the owner pays the tow company the towing charges (Section 22851 [a][2] CVC). H. Nothing in the TSA shall prohibit a EPD supervisor, or scene officer, from requesting a specific tow company when, in their opinion, the necessary resources to clear a hazard are not available from the tow company currently cancellation. The operator will then be placed back at the top of the list. B. If two or more operators are called to the same incident, distribution of the vehicles shall be at the discretion of the VPD officer on scene. A separate rotation list may be used for special projects/assignments (DUI Checkpoints, Saturation Patrols, etc.). The goal will remain to attempt an equal distribution of vehicles to the rotation companies. C. The VPD officer on scene may direct a VPD rotation tow listoperator to move vehicles to help clear a roadway or for lifesaving operations or immediate hazards. Operators shall provide the assistance as directed. There shall be no charge for this assistance, and the assistance provided shall not change the operator's place in the rotation. D. An operator shall have a business office and all storage facilities shall be located within the city limits of Vallejo. E. Operators applying for a tow listing shall have a minimum of three (3) years for- hire-towing experience, as an owner or principal, prior to the final filing of an application with the city to qualify for a VPD rotation tow listing. 1) In such an instance, Operators and owners who do not meet the selected company would then go to the bottom of the list and those tow companies which were bythree year verifiable for-passed, would remain in the same list order. E. Nothing shall prohibit a Class B, C, or D operator from maintaining hire- towing experience may be considered for a position on the VPD rotation tow list if a lighter class rotation listfull time manager who possesses the required tow management experience is employed by the company. The manager shall have the authority to conduct all company business and to sign the Tow Service Agreement and city application. If the manager ceases to be employed by the company, provided the Agreement will be terminated until a new manager can be approved by the VPD. The VPD will evaluate the new manager’s experience and require him/her to sign the Tow Service Agreement and city application for the company. An operator/owner who releases vehicles, completes lien sale paperwork and other tow truck meets business related documents for three years, in the equipment specifications for that class of operationcompany with the qualified manager, will fulfill the three years for-hire-towing experience requirement. 1) Regardless of F. Ownership status will be investigated and determined by the class of tow truck utilized VPD. Any person having ownership of, interest in, or responding to the call, charges shall not be more than for the class of vehicle towed or serviced, except when vehicle recovery operations require a larger class tow truck. I. A Salvage and Recovery Rotation Tow List shall be established by EPD when there are tow operators who meet the Salvage and Recovery Rotation Tow List qualifications established in item J. 1) This list shall be utilized whenever a large commercial vehicle is overturned and/or down acts as an embankment. 2) This list shall not be utilized agent for a large commercial vehicle which is upright tow company shall complete and on all wheels.submit to VPD the Tow Driver Permit Application (found in Attachment C) containing the following information: a) Full name b) Date of birth c) California drivers license number d) Job title and brief job description e) Current home address (The Salvage VPD towing officer must be notified within 10 days of any change of address.) f) Current home phone number (VPD towing officer must be notified immediately of any change of home phone number.) g) Background check through D.O.J. and Recovery Tow List may be for the entire City. 3) If there are no qualified companies at the time of request, supervisors shall request assistance from CHP’s approved tow list. J. Those operators on the Salvage and Recovery Rotation Tow List shall respond with the following: 1) At least one (1) driver shall have five (5) verifiable years' for-hire salvage and recovery experience. a) The five (5) verifiable years' for-hire salvage and recovery experience F.B.I. data base These persons shall be determined by the EPD. b) The driver fingerprinted and their criminal history checked in accordance with five (5) verifiable years' for-hire salvage and recovery experience shall not be shared between tow operators. 2) Two (2) tow trucks which shall be one (1) Class D tow truck and one (1) Class C tow truck. a) Depending on City of Emeryville’s needs and a tow operator's equipment availability, the EPD may allow an operator to respond with one of the following to meet the two (2) tow truck response criteria: (1) Two (2) Class C tow trucks. (2) The operator assigned the initial call may, subject to a prior written addendum, request a specific operator for assistance to meet the one (1) Class D tow truck and one (1) Class C tow truck, or two (2) class C tow trucks. (3) One (1) Class C tow truck and one (1) Class B tow truck (e.g., remote Areas in the state where traffic congestion is not an issue).California Vehicle Code Section 2432.3

ROTATION LISTS. A. Calls generated a. Requests for towing services shall be made from the Police Special Services Rotation Tow List include, but are not limited to, vehicles impounded for evidence or criminal investigation, or tow services for City vehiclesLIST on a rotational basis. Tow services for City vehicles include, but are not limited to, towing, jump-starts, and flat tire repair. Contractor will be available for Special Service Rotation calls 24 hours a day, 7 days a week. B. Calls generated from the Regular Rotation Tow List include, but are not limited to, storage of vehicles, disabled vehicles, traffic hazards, traffic collisions, vehicles parked over 72 hours, Service Calls, or other tow services not covered under any other list. Contractor will be available for Regular Rotation calls 24 hours a day, 7 days a week. C. Calls generated from the Abandoned and Junk Vehicle Rotation Tow List includes, but is not limited to, vehicles towed pursuant to California Vehicle Code section 22669(d). Contractor will be available for Abandoned and Junk Rotation calls Monday through Friday, 8:00 a.m. to 5:00 p. m., except holidays or under special circumstances. D. The Emeryville Police Department will hire one contractor for City vehicle related service responses. E. A call for towing services by VPD to an operator OPERATOR shall constitute one one (1) turn on the list and the operator shall OPERATOR will then be moved to the bottom of the listthat respective LIST. 1) This includes when the operator A call to an OPERATOR who fails to or is unable to respond to a call for any reason, such as failure to answer the phonetelephone, is unable to respond, is unable to perform the required service, refuses to respond or provide requested service, or call is canceled due to excessive response timetime will be considered a turn on the LIST. F. b. If it is determined the operator is VPD determines that OPERATOR’s services are not needed and is canceled by EPD, cancels a call for service up to and including arrival on at the scene and standby stand-by time which does if hook-up or service has not result in a towbegun by OPERATOR, there shall be no charges assessed by OPERATOR and the operator shall OPERATOR will be placed back retained at the top of the listLIST until called again. G. If c. Following arrival at the operator responds to a callscene or incident, as described if hook-up or service has begun by section 2(A) or 2(B), OPERATOR and is canceled by the vehicle's registered vehicle owner or his/her agent, prior OPERATOR’s charge to the operator taking possession of the vehicle, there vehicle owner shall be no charge and more than one half (1/2) of the operator normal towing charge. d. If additional tow operators are called to the same scene or incident, distribution of the vehicles to be towed shall be placed back made at the top sole discretion of the listOPERATOR. 1) Possession is deemed to arise e. There may be times when the vehicle is removed and is in transit, or when vehicle recovery operations or load salvage operations have begun (Section 3068.1 [a] of tow operator/driver assigned the Civil Code [CC] and 22851[a][1] of the California Vehicle Code [CVC])initial call require assistance from an additional operator/driver. Such a request shall be routed through CITY. 2) Whenever a vehicle owner returns to a vehicle that is in possession of a towing company prior to the removal of the vehicle, the owner may regain possession of the vehicle from the towing company if the owner pays the tow company the towing charges (Section 22851 [a][2] CVC). H. Nothing in the TSA shall prohibit a EPD supervisor, or scene officer, from requesting f. The CITY will request a specific tow company operator when, in their opinionCITY’s sole discretion, the necessary resources to clear a hazard are not available from the tow company operator currently at the top of the rotation tow list. 1) LIST. In such an instance, the selected company tow operator would then go to the bottom of the list LIST and those tow companies which operator(s) that were by-passed, bypassed would remain in the same list LIST order. E. Nothing shall prohibit g. CITY’s representative at the scene may direct OPERATOR to move vehicles in order to clear a Class B, Croadway or to facilitate emergency operations. OPERATOR agrees to promptly comply with such direction and will provide the requested assistance. OPERATOR is prohibited from responding to a call assigned by CITY to another tow operator, or D operator from maintaining reassigning a position on a lighter class rotation listcall to another operator, provided the tow truck meets the equipment specifications for that class of operationunless requested to do so by CITY’s authorized representative. 1) Regardless of the class of tow truck utilized or responding to the call, charges shall not be more than for the class of vehicle towed or serviced, except when vehicle recovery operations require a larger class tow truck. I. A Salvage and Recovery Rotation Tow List shall be established by EPD when there are tow operators who meet the Salvage and Recovery Rotation Tow List qualifications established in item J. 1) This list shall be utilized whenever a large commercial vehicle is overturned and/or down an embankment. 2) This list shall not be utilized for a large commercial vehicle which is upright and on all wheels. a) The Salvage and Recovery Tow List may be for the entire City. 3) If there are no qualified companies at the time of request, supervisors shall request assistance from CHP’s approved tow list. J. Those operators on the Salvage and Recovery Rotation Tow List shall respond with the following: 1) At least one (1) driver shall have five (5) verifiable years' for-hire salvage and recovery experience. a) The five (5) verifiable years' for-hire salvage and recovery experience shall be determined by the EPD. b) The driver with five (5) verifiable years' for-hire salvage and recovery experience shall not be shared between tow operators. 2) Two (2) tow trucks which shall be one (1) Class D tow truck and one (1) Class C tow truck. a) Depending on City of Emeryville’s needs and a tow operator's equipment availability, the EPD may allow an operator to respond with one of the following to meet the two (2) tow truck response criteria: (1) Two (2) Class C tow trucks. (2) The operator assigned the initial call may, subject to a prior written addendum, request a specific operator for assistance to meet the one (1) Class D tow truck and one (1) Class C tow truck, or two (2) class C tow trucks. (3) One (1) Class C tow truck and one (1) Class B tow truck (e.g., remote Areas in the state where traffic congestion is not an issue).