Monrovia Police Department Official Police Tow Services Provider

MONROVIA POLICE DEPARTMENT

REQUEST FOR PROPOSAL FOR OFFICIAL POLICE TOW SERVICES PROVIDER

NOTICE IS HEREBY GIVEN that the City of Monrovia is accepting requests for proposal for Monrovia Official Police Tow Services. Proposals shall be submitted in an envelope marked “Police Tow Services RFP”, by Friday, April 3, 2026, at 5:00pm to the City Clerk of the City of Monrovia, 415 South Ivy Avenue, Monrovia, CA 91016. Said specifications, proposal forms, and contract documents are hereby referred to and incorporated herein and made part by reference and all quotations must strictly comply therewith. Any questions regarding the documents may be posed to Captain John Donchig, Monrovia Police Department, 626-256-8056.

The City of Monrovia reserves the right to accept in whole or part or reject any and all proposals and to waive any irregularities in the bid process, and all bids are binding for a period of ninety (90) days after the proposal opening and may be retained by the City for examination and comparison, as specified in the contract documents. The award of the contract shall be made by the Monrovia City Council.

The proposals will be made with respect to the following facts and purposes:

A. The objective of this Request for Proposal is to establish an Official Police Tow Service (“OPTS”) Contractor for the City of Monrovia to provide timely and professional towing and storage services for vehicles when a Police Officer or other authorized City representative requests towing services (the “Services”).

B. The OPTS Contractor and its employees will be fully licensed and insured to provide the services, and have all the necessary equipment and personnel.

C. The OPTS Contractor will agree to perform the services on an “on-call” basis as required by City on the terms and conditions set forth herein, for the full term of the Agreement. The OPTS Contractor shall execute a contract in substantially the form and content of this document prior to commencing services.

EXCLUSIVE FRANCHISEE FOR OFFICIAL POLICE TOW SERVICE.

The selected Contractor shall serve as the OPTS for the City of Monrovia. Contractor shall have an exclusive opportunity to receive calls from the City during the term of this Agreement, and shall respond pursuant to the terms of this Agreement, to provide towing and storage services for vehicles which are involved in accidents or are disabled, abandoned or impounded for evidence or impeding the flow of traffic or otherwise subject to being towed and stored at the direction of the City.

TERM.

The awarded agreement shall commence on July 1, 2026, and shall remain and continue in effect until June 30, 2029, with the option of two (2) one-year extensions, with performance review at the end of every operating year, unless sooner terminated for breach of contract, as explained in this Request for Proposal.

BASIS FOR ACCEPTANCE OF SERVICE.

A. The Chief of Police of Monrovia, or his or her designee, shall be the final authority on disputes as to the ability or authority to perform any tow services for the City.

B. Whenever a driver or owner requests that the City summon a towing service and is unable to specify a particular towing service, or when a police officer or other authorized City representative requests a towing service, the towing service called shall be the OPTS for the City.

C. If it is determined that the OPTS is not needed and is canceled by the Monrovia Police Department (Police Department), up to and including OPTS’ arrival at the scene, there shall be no charges placed on the request.

D. If the OPTS is not available at the time of request or is unable to respond within the allowed response time, the handling officer or field supervisor may request a non-OPTS towing service to respond.

E. If the OPTS is unable to handle the call due to size, location, etc., the handling officer or field supervisor may request a non-OPTS towing service to respond.

ABILITY TO PERFORM.

The OPTS at all times shall have sufficient towing equipment and personnel, and secure storage yard capacity to perform the obligation set forth in this Agreement. The storage yard shall be in full compliance with any applicable zoning and building requirements of the City in which it is located. The OPTS shall at all times also possess a valid City of Monrovia Business License, as well as insurance, bonding and licensing specified herein or in applicable law.

LOCATION.

The OPTS shall maintain a business office and the required storage and impound lot within the City of Monrovia, unless otherwise agreed upon in writing by City, and shall possess a valid City of Monrovia Business license.

PERSONNEL.

Contractor shall employ qualified and licensed drivers available at all times with one driver having a valid Class A license.

TRAINING / ABILITY – QUALIFICATIONS.

A. The OPTS operators and tow truck drivers must be sufficiently trained and capable to ensure safe and proper discharge of their service responsibilities.

B. All authorized OPTS tow truck drivers shall possess a proper class of driver’s license according to section 12520(a) of the California Vehicle Code. The OPTS operators shall participate in the Employer Pull Notice Agreement through the Department of Motor Vehicles. The OPTS is required to notify the Monrovia Police Department Support Services Division Captain within 24 hours of any Pull Notices received on their drivers.

C. The OPTS personnel shall present a neat, clean and professional appearance. Drivers shall wear uniform type pants and shirt.

D. All OPTS tow truck drivers shall give to the driver or owner of a vehicle to be stored, impounded or towed, a business card, or receipt with the name, address and phone number of the Contractor.

E. OPTS employees shall conduct themselves at all times in a professional and responsible manner and shall not:

1. Engage in rude or discourteous behavior.
2. Fail to provide full and complete services required by this Agreement.
3. Engage in any act of sexual harassment or sexual impropriety.
4. Drive in any unsafe manner.
5. Be under the use or influence of alcohol or drugs while on-duty.
6. Appear at the scene of a tow call with the odor of alcohol. The OPTS tow truck driver shall submit to a preliminary alcohol screening test upon demand of a Monrovia Police Officer.
7. Appearing at the scene of a tow call without wearing the uniform prescribed by this agreement.
8. No OPTS employee, owner or agent, shall be allowed to provide tow services if he or she has been convicted of a felony or theft within the past ten (10) years, convicted of driving under the influence within the past seven (7) years, or has been convicted of three (3) or more traffic violations in the previous three (3) years.
9. COMMUNICATIONS.

The OPTS shall install and maintain radio transmission and reception equipment allowing for continuous contact between the OPTS office and each authorized tow vehicle.

BUSINESS HOURS – AVAILABILITY BY TELEPHONE.

A. Availability of Services: The Contractor shall make their services available on a 24-hour, 7 day a week basis, including holidays.

B. Availability of Storage Facility: There shall be an OPTS employee or agent available in person during normal business hours at the OPTS facility to handle requests for service and release of impounded / stored vehicles. Normal business hours will at a minimum be from 0800 to 1700 hours, five (5) days a week (Monday through Friday) and 0800 to 1200 hours on Saturdays, excluding legal holidays of the City of Monrovia.

IMPOUNDED VEHICLES.

A. A vehicle impounded pursuant to this Agreement will be documented for description, identification and condition, and inventoried by Monrovia Police Department personnel before being released to the custody of the OPTS.

RELEASE OF VEHICLE AFTER STORAGE / IMPOUND.

A. Any vehicle stored or impounded pursuant to this Agreement upon direction of an authorized member of the Monrovia Police Department, SHALL NOT be released under any circumstances without receipt of CHP form 180 signed by an authorized member of the Monrovia Police Department.

B. The OPTS shall not release a vehicle stored or impounded at the direction of an authorized representative of the Monrovia Police Department without first being presented with proper identification that the person to whom the vehicle is released is authorized to receive the vehicle.

C. If the person requesting the release of a vehicle does not have a Form CHP 180 and proper identification, the OPTS shall refer the person to the Monrovia Police Department for further processing. In the event of any dispute over whether a vehicle shall be released, the decision by the on-duty Monrovia Police Department Watch Commander or his designee shall be final.

D. Contractor’s failure to comply with the requirements of this Section 12 shall be a material breach of this Agreement. Contractor shall be solely liable for any claim, damage or liability of any kind arising out of Contractor’s release of a vehicle.

RELEASE OF PERSONAL PROPERTY.

A. The OPTS shall notify the Monrovia Police Department prior to the removal of property from a stored vehicle and will provide a detailed written receipt listing the removed property and the identification of the person(s) who removed items and place a copy in the stored vehicle.

B. This requirement may not be waived in cases where a vehicle has been impounded for evidence or investigation.

C. Personal property is considered to be items that are not affixed to the vehicle.

OPTS STORAGE FACILITY STANDARDS.

A. The Contractor must make adequate provisions for the security of vehicles and property stored and under the control of the OPTS. Minimum standards shall consist of:

1. All vehicles shall be stored in a building or in a storage area that is enclosed by a substantial wall or fence which meets the requirements of the jurisdiction in which the facility is located, and approved by Monrovia Police Department Support Services Division Captain or the designated representative.
2. The lawful minimum capacity of any storage area shall be at least 50 vehicles.

B. Required storage facilities must be constructed before approval of the Agreement and must comply with the Municipal Codes or County Code as applicable to the area in which the business is located.

C. All authorized storage facilities must be approved for security by the Monrovia Police Department Support Services Division Captain or the designated representative. Any breach of security in buildings or fences must be repaired within 24 hours.

INSIDE STORAGE.

A. In addition to any outside storage area, Contractor shall maintain an enclosed locked storage facility for vehicles. The OPTS shall maintain additional indoor spaces that can be secured by the Monrovia Police Department for vehicles ordered impounded because of their involvement in the commission of crimes or for other reasons. Enclosed storage spaces shall be fully secured and protected from the elements of weather, public contact, and other forms of contamination.

B. The OPTS shall also ensure that evidence consisting of any vehicle and the contents thereof identified by an authorized representative of the Monrovia Police Department as connected with an investigation is protected and is not removed or touched by any person other than an authorized representative of the Monrovia Police Department.

C. The Monrovia Police Department will designate when a vehicle is to be placed into indoor secure storage for evidence purposes and may place a seal on each door of the vehicle or door(s) of the impound facility to maintain a chain of evidence. Vehicles placed into inside storage for evidence purposes shall not be removed from such protection until approved by the Monrovia Police Department.

D. Properly-identified representatives of the Monrovia Police Department shall be given access to the indoor secure storage area on reasonable notice 24 hours per day, 7 days per week.

EQUIPMENT STANDARDS.

A. At its expense, the Contractor must provide the following equipment that conforms to the California Highway Patrol’s Classification (CHP Class) for the gross vehicle weight ratings (GVWR) of a truck chassis. All OPTS vehicles performing services pursuant to this Agreement must comply with all applicable provisions of the California Vehicle Code and related Regulations, applying to tow trucks, including but not limited to California Vehicle Code Sections 615, 21711, 24606, 25100, 27700, 27907, and all statutes and regulations pertaining to lighting and safety equipment. All vehicles must be equipped with a two-way radio. The Contractor shall, at a minimum, provide the following equipment:

1. Two (2) flatbed car carriers (Class A or Class B)
2. Three (3) light-medium duty tow trucks, (Wheel Lift/Sling)
3. One (1) tow truck that is equipped to lift and carry a disabled person in a wheel chair or be able to make arrangements for transportation of a disabled person in a wheel chair.
4. All OPTS tow vehicles must at least have the following equipment for towing vehicles:
   
   Fire Extinguisher(s)
   
   Broom
   
   Shovel
   
   Reflective Triangles
   
   Flares
   
   Trash Can(s) with Absorbent Material
   
   Office to Truck Radio System

B. Motorcycles that are stored, impounded or towed from a collision scene at the request of the Monrovia Police Department shall be hauled by a trailer that is designed to carry motorcycles or by a flatbed truck in an upright position.

C. Any and all equipment used and maintained by the OPTS must be available for inspection by an authorized representative of the Monrovia Police Department upon request.

D. All equipment and vehicles to be used under this agreement shall be inspected by the California Highway Patrol at least one time per year. All vehicles and equipment shall display a current inspection sticker issued by the California Highway Patrol prior to its use under this Agreement. The Monrovia Police Department may conduct random vehicle and equipment inspections to ensure compliance with this agreement.

E. The Monrovia Police Department may inspect the Contractor’s facilities used under this contract at any time during normal business hours.

F. The Contractor must have equipment for and have personnel proficient in unlocking locked vehicles when requested by the Police Department.

G. Throughout the term of this Agreement the Contractor shall maintain in good condition the real property and improvements for its facility, and all vehicles, facilities, equipment and material used in the performance of the service required by this Agreement.

RESPONSE TIME.

A. The OPTS shall respond to the Monrovia Police Department calls twenty-four (24) hours a day, seven days a week, including holidays, within the maximum response times as follows:

Daytime (0700 to 1800) – 20 minutes

Nighttime (1800 to 0700) – 25 minutes

B. The OPTS dispatcher shall notify the Police Dispatcher when a tow vehicle cannot respond immediately, shall give the reason and an estimated time of arrival. The OPTS may park up to two tow trucks on City streets overnight in order to facilitate a timely response to police calls for tow services during early morning hours (0100 hours to 0600 hours).

DUTIES AT THE SCENE.

After being requested to the scene by the Monrovia Police Department the OPTS operator shall:

A. Neither move the vehicle nor attach to any vehicle until instructed to do so by a member of the Police Department.

B. Clean up and remove any and all debris from an accident scene as directed by the Monrovia Police Department and the California Vehicle Code.

C. Provide towed vehicle owners, when present at the scene, with a business card or other information, indicating where the vehicle will be stored.

RECORDS.

A. The Contractor shall keep complete and accurate written records of all vehicles towed, impounded, or stored at the request of the City and shall include the amount of charge on each vehicle; the date towed, impounded or stored; date and time released and the party to whom release was given; condition of the vehicle. The records shall list the number of vehicles stored or impounded at the request of the City that are sold through lien sale if permitted by law. The OPTS shall provide a monthly report to the Chief of Police within thirty (30) calendar days after the end of each month containing the above information. The report shall be limited to vehicles impounded or stored by the City.

B. The OPTS shall maintain records of the times that calls for service are received, dispatched, and the times the tow vehicles arrive on scene. The record system should be adequate to provide an inquiry with the following information: Locate vehicles from license plate only if the make, model, color, date and location of impound are unavailable.

C. The OPTS owner must also notify the Department of Justice as per section 10652 of the California Vehicle Code.

D. The OPTS shall maintain the records required by this Agreement for a period of not less than three years from the date of the record. The OPTS may save the records electronically in accordance with procedures approved by the Monrovia Police Department.

RECORDS INSPECTION/RELEASE OF INFORMATION.

A. All records required to be kept by the Contractor shall be available for inspection upon request in a usable form by representatives of the Monrovia Police Department and the California Highway Patrol. Contractor shall also make its records available for review and copying if City requests records for a Public Records Act request.

B. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without the prior written authorization of the Police Chief. Contractor, its officers, employees, agents or subcontractors, shall not, without the advance written authorization from the Police Chief or the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any incident, service, project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City advance notice of such court order or subpoena. Contractor shall promptly notify City should OPTS, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any incidents or locations within the City. City retains the right, but has no obligation, to be present at any such deposition, hearing or similar proceeding. OPTS agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by OPTS. However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

TOW RATES & STORAGE FEES.

A. Tow Rates. The rate for towing shall be from the primary towing facility and return to the same. A one-hour minimum may be charged. Charges in excess of one hour may be charged in fifteen-minute increments. There shall be no additional charge for labor, mileage, etc.

B. Vehicles stored eight hours or less shall be charged no more than one-day storage. Each day thereafter shall be calculated by the calendar day.

C. A copy of the rate schedule shall be maintained inside each tow vehicle and presented upon request of the vehicle owner or driver.

D. In the event that a vehicle is stored or impounded at the direction of the Police Department and it is subsequently determined that the City is responsible for the cost of such storage and/or towing, the towing company agrees not to assess the City for costs of tow and/or storage of the vehicle.

E. After Hour Vehicle Releases. The OPTS normal business hours are from 0800 to 1700 hours, five (5) days a week (Monday through Friday) and 0800 to 1200 on Saturdays and legal holidays. The OPTS may charge a flat after hours release fee of $60.00 in addition to any previously incurred tow and storage fees for vehicles released outside the OPTS normal business hours.

F. Towing Of City Vehicles. Class A and motorcycle City vehicles requiring towing within the City limits will be towed by the OPTS free of charge. Class B, C, or D City vehicles requiring towing within the City limits will be done at one half the current City of Monrovia Official Police Tow Services tow rates and storage fees. All City vehicles requiring towing outside the City limits will be towed at one half the current City of Monrovia Official Police Tow Services tow rates and storage fees.

SERVICE CALLS & LABOR.

Rates for service calls (out of gas, lock outs, etc.) shall be from the time dispatched to the end of the service, and may be at the hourly rate of $60.00 with thirty minutes minimum. Charges in excess of thirty minutes may be charged in fifteen-minute increments. This rate shall be in effect from July 1, 2026 to June 30, 2029.

FRANCHISE FEE.

Franchise fees, for the privilege of being the exclusive OPTS provider for City requested towing and storage services, shall be due and payable as follows:

A. For each vehicle stored or impounded by order of the City, the OPTS shall pay the City a Franchise Fee of 35% of the total amount collected by the OPTS. The OPTS shall not be responsible for payment of the Franchise Fees for private person tow requests, such as AAA, or on junked vehicles, with a junk certificate, with a value of $300 or less. The OPTS shall not be responsible for payment of the Franchise Fees for vehicles that have been sold via lien sale in an amount over $500. The OPTS shall pay the City a Franchise Fee of 20% of the sale price for vehicles sold via lien sale in the amount over $500, with no other fees due to the City.

B. The report required by Section 18 shall accompany the monthly Franchise Fee payments from the OPTS.

C. The Franchise Fees shall be paid on a monthly basis to the Monrovia Police Department on or before the 15th of each month. The OPTS shall not be responsible for payment of an administrative fee to the City for the towing of vehicles in the specified circumstances set forth hereinabove. Any fees which remain unpaid after the monthly installment due date shall be delinquent. Non-payment of the administrative fees and charges by the OPTS shall be grounds for termination of this Contract and the OPTS's participation in the City's towing program.

D. The Franchise Fee may be adjusted annually by resolution of the City Council. Any such adjustment shall be applicable to the OPTS upon ten (10) days written notice of the adoption of such resolution.

E. The City retains the right to impose alternative forms of taxes and/or fees, to the extent permitted by law, in the event that the fees provided for in the towing services agreements are no longer assessable due to a subsequent change in federal, state or local law.

F. The OPTS must make available to the Monrovia Police Department, the City or their designated representative(s), upon three (3) day's written notice, its accounting records and books for inspection and audit. The Monrovia Police Department, the City or their designated representative(s) agree to maintain the confidentiality of such accounting records and books. The OPTS shall submit monthly documentation detailing its operations on behalf of the City in a format that is acceptable to the Monrovia Police Department. Such documentation shall include the following information: the date, time, location, case number (if any), vehicle description (including make, model and vehicle license number) and a brief description of the circumstances surrounding the tow (traffic collision, Department impound etc.). The OPTS shall maintain these records for a period of three (3) years following the end of the term of this Agreement. If the results of the audit show a Franchise Fee underpayment of greater than five (5) percent, the OPTS will pay the cost of the audit plus 50 percent of the total error as a penalty in addition to any amount owed as shown by the audit. If the results of the audit show an underpayment of less than five (5) percent or an overpayment, the City shall pay its own costs associated with the audit. Any underpayment and resulting penalty shall accrue interest at the rate of ten percent per annum, compounded daily from the date the underpayment should have been paid pursuant to subsection C above.

G. In the event the results of the audit are disputed, the City may, at its sole discretion, elect to arbitrate the dispute. In the event the City elects to arbitrate, the City and the OPTS shall each select an independent auditor at their own cost. The two auditors shall agree upon the results of the audit. If the two independent auditors cannot agree upon the results of the audit, a third auditor will be selected by the two independent auditors to make a final determination. The determination of the third independent auditor shall be final.

H. By accepting and signing this Contract, the OPTS irrevocably waives the defenses of any statute of limitation, laches, waiver or other equitable doctrine of similar import or effect in any action brought by the City to recover any fees, interest or penalties due under this Contract.

I. By accepting and signing this Contract, the OPTS agrees that if it challenges the right of the City to collect the Franchise Fees provided by this Contract, any relief requested by the OPTS and awarded to it by virtue of such challenge shall be prospective only from and after the date of the filing of the initial pleading seeking such relief in a court of competent jurisdiction. The OPTS hereby waives any and all claims or rights to collect back from the City, or obtain credit against future payment obligations, any amounts collected by the City prior to the filing of the initial pleading seeking such relief. In the event the OPTS's challenge to any Franchise Fee payments should result in an initial judgment in its favor, the OPTS shall continue to make all Franchise Fee payments in accordance with this Contract pending an appeal by the City. In the event the court of appeal, or trial court if the City elects not to appeal, determines that the City is not entitled to collect any or all of the Franchise Fees, the City shall refund to the OPTS those portions of the Franchise Fee which the court deems the City was not entitled to collect which were made subsequent to the filing of the initial action by the OPTS, exclusive of interest on such amount.

DISPUTES.

In the event any dispute arises concerning any performance, compensation, reporting or legal compliance as a result of the Contractor’s performance of this Agreement, the dispute shall be decided by the Chief of Police or his designee, pursuant to California Vehicle Code Section 22852. The decision of the Chief of Police may be appealed in writing to the City Manager within seven (7) business days following the date of Contractor’s receipt of the written decision of the Chief of Police or his designee.

ACCEPTANCE OF PAYMENT.

The Contractor shall accept payment by valid bank credit cards or cash for towing and storage charges. The operator shall keep sufficient funds on the premises to accommodate and make change in a reasonable monetary transaction. The Contractor shall not charge any convenience fee or service charge for credit or debit card payments, and shall provide each payer with a written receipt. This payment can be accepted from the registered owner, legal owner or the authorized agent claiming the vehicle. (22651.1 CVC)

SIGNS AND ADVERTISING.

The Contractor shall not display any signs or advertising material which indicates that his/her business is an official towing service or police storage facility of the City of Monrovia without the express written permission of the Chief of Police.

INDEMNITY.

A. To the full extent permitted by law, Contractor shall indemnify, defend, and hold harmless the City, its elected officials, officers, agents, employees, and volunteers from all claims, suits, or actions of every name, kind, and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, of or by the Contractor or any person directly or indirectly employed by, contracted with, or acting as agent of, Contractor in the performance of this Agreement, including any concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.

B. City shall indemnify, defend, and hold harmless the Contractor, its officers, agents, and employees from all claims, suits, or actions of every name, kind, and description, alleging that City was not legally authorized to tow or impound a vehicle.

C. City’s acceptance of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification, defense, and hold harmless clause. This indemnification, defense, and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages, shall not be limited by the policy limits of any applicable policy of insurance, and shall survive termination or expiration of this Agreement.

INSURANCE.

A. Minimum Scope and Limits of Insurance. OPTS shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:

1. Commercial General Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Four Million Dollars ($4,000,000) per project or location. If OPTS is a limited liability company, the commercial general liability coverage shall be amended so that OPTS and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2. Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. If OPTS does not use any owned, non-owned or hired vehicles in the performance of services under this Agreement, OPTS shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under Subparagraph A.1) of this Section 10.
3. Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If OPTS has no employees while performing services under this Agreement, workers’ compensation policy is not required, but OPTS shall execute a declaration that it has no employees.
4. Commercial Garage Liability with a minimum limit of Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Two Million Dollars ($2,000,000) per project or location.
5. Garage Keepers Liability with a minimum limit of Three Hundred Thousand Dollars ($300,000) per incident.
6. On-Hook Coverage with a minimum limit of One Hundred Thousand Dollars ($100,000) per incident.
7. Uninsured Motorist with legal minimum, combined single limits.

B. Acceptability of Insurers. The insurance policies required under this Section 10 shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self insurance shall not be considered to comply with the insurance requirements under this Section 10.

C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming the City, its officers, employees, agents and volunteers as additional insureds.

D. Primary and Non-Contributing. The insurance policies required under this Section 10 shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of OPTS’s insurance and shall not contribute with it.

E. OPTS’s Waiver of Subrogation. The insurance policies required under this Section 10 shall not prohibit OPTS and OPTS’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. OPTS hereby waives all rights of subrogation against City.

F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be approved by City. At City’s option, OPTS shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or OPTS shall procure a bond guaranteeing payment of losses and expenses.

G. Cancellations or Modifications to Coverage. OPTS shall not cancel, reduce or otherwise modify the insurance policies required by this Section 10 during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail thirty (30) days’ prior written notice to City. If any insurance policy required under this Section 10 is canceled or reduced in coverage or limits, OPTS shall, within two (2) business days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.

H. City Remedy for Noncompliance. If OPTS does not maintain the policies of insurance required under this Section 10 in full force and effect during the term of this Agreement, or in the event any of OPTS’s policies do not comply with the requirements under this Section 10, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at OPTS’s expense, the premium thereon. OPTS shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to OPTS.

I. Evidence of Insurance. Prior to the performance of services under this Agreement, OPTS shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section 10. The endorsements are subject to City’s approval. OPTS may provide complete, certified copies of all required insurance policies to City. OPTS shall maintain current endorsements on file with City’s Risk Manager. OPTS shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. OPTS shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.

J. Indemnity Requirements not Limiting. Procurement of insurance by OPTS shall not be construed as a limitation of OPTS’s liability or as full performance of OPTS’s duty to indemnify City under Section 9 of this Agreement.

K. Subcontractor Insurance Requirements. OPTS shall require each of its subcontractors that perform services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section 10.

RISK.

The OPTS assumes all risk in the event of damage, theft, fire of the vehicles or any property towed and stored by the towing service, its employees or agents. Any and all claims, demands or liability arising out of or encountered in connection with this Contract shall be borne by the OPTS.

DISCIPLINARY ACTION/TERMINATION.

A. The OPTS agrees that failure to comply with the terms and conditions of this Contract shall be cause for WRITTEN WARNING, SUSPENSION OR TERMINATION OF THE CONTRACT.

B. The Monrovia Police Department Support Services Division Captain or his/her designee will investigate alleged violations of this OPTS Agreement and/or applicable law. The Contractor will be notified of the findings within 30 days of the initiation of the investigation and given the opportunity to respond.

C. The Support Services Division Captain or his/her designee shall use the following guidelines for action against operators found in violation of this agreement. This is only a guide, with the Support Services Division Captain or his/her designee having discretion for serious violations, such as criminal offenses.

1st Violation within 12 consecutive months – WRITTEN WARNING

2nd Violation within 12 consecutive months – WRITTEN WARNING

3rd Violation within 12 consecutive months – 30 day SUSPENSION

4th Violation within 12 consecutive months – 60 day SUSPENSION

5th and any subsequent violation within 18 consecutive months – TERMINATION

(If a suspension occurs, Monrovia PD reserves the right to use a non-OPTS towing service to respond.)

D. The Chief of Police shall have the authority to immediately SUSPEND the Contract with the OPTS if the conduct by the OPTS or its agents is deemed to be a danger to public safety or health.

E. In the event the Monrovia Police Department serves the OPTS with a suspension, the operator may request a hearing within seven calendar days by submitting a request in writing to the City Manager. The hearing shall be held as soon as practicable. The hearing shall be conducted by the City Manager or his designee and the OPTS shall be entitled to present all relevant facts and circumstances in support of his/her position. The OPTS shall be notified in writing of the decision within seven calendar days of the date of the hearing. The City Manager’s decision shall be final and subject to no further Administrative Appeal.

F. A suspension shall not take effect until the hearing and appeal process has been exhausted, with the exception of conduct that is deemed to be a danger to the public or whose conduct grossly violates the terms and conditions of the Contract. If the OPTS fails to request a hearing or appeal within the specified time, or fails to appear at a scheduled hearing or appeal, the action taken by the Monrovia Police Department shall be final and the suspension shall take effect upon written notification to the OPTS by the Chief of Police.

G. The City shall have the right to terminate this Agreement, for any reason or no reason, on thirty (30) days written notice to the OPTS. Prior to the effective date of the termination, OPTS shall fulfill all obligations of this Agreement.

OFFICIAL POLICE TOW SERVICE / POLICE DEPARTMENT COMMUNICATIONS.

The Support Services Division Captain or designee may conduct meetings, in person, telephonic or electronic to discuss issues of concern. These meetings shall be mandatory for the operator or his/her designee. The Monrovia Police Department shall give the operator reasonable notice of these meetings.

MISCELLANEOUS GENERAL PROVISIONS.

A. Independent Contractor. At all times during the term of this Agreement, OPTS shall be an independent contractor and shall not be an employee of City. City shall have the right to control OPTS only insofar as the results of OPTS’s services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which OPTS accomplishes services rendered pursuant to this Agreement.

B. Required Licenses and Permits. OPTS represents and warrants to City that OPTS has all licenses, permits, qualifications and approvals that are legally required for OPTS to perform the services required under this Agreement pursuant to Vehicle Code Section 12804.9. OPTS represents and warrants to City that OPTS shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for OPTS to practice his profession.

C. No Agency. Contractor is not an agent of the City. Except as City may specify in writing, OPTS shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. OPTS shall have no authority, express or implied, pursuant to this Agreement, to bind City to any obligation whatsoever.

D. No Assignment. OPTS shall not assign any right or obligation pursuant to this Agreement without the prior written consent of the City Manager. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect and constitute a default under this Agreement. The sale or transfer of controlling interest in a company shall constitute an assignment within the meaning of this Agreement.

E. Standard of Performance. OPTS shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the services in which OPTS is engaged in the geographical area in which OPTS practices his profession.

F. No Employee Financial Interest. No employee of the City engaged in the preparation or supervision of this Agreement shall have any direct financial interest in the OPTS. This Agreement shall be voidable at the option of the City if this provision is violated.

G. Compliance with all Laws and Regulations. The OPTS shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The OPTS shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the OPTS to comply with this section.

H. Notices. Any notices which either party may desire to give to the other party must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

To City:

City of Monrovia

415 S. Ivy Avenue

Monrovia, CA 91016

Attention: City Clerk

To OPTS:

Name:

Address:

Attn:

I. Time of Essence. In the performance of this Agreement, time is of the essence.

J. Authority to Execute. The persons executing any agreement on behalf of OPTS warrants and represents that he or she has the authority to execute an agreement, on behalf of the selected OPTS and has the authority to bind OPTS to the performance of its obligations hereunder.

K. Entire Agreement. Any agreement between the City of Monrovia and the selected OPTS represents the entire integrated agreement between the parties as to the subject hereof. No prior or subsequent agreement or amendment shall be valid or enforceable unless made in writing and duly executed by each party’s authorized representative.

L. Attorneys’ Fees. In the event either party is forced to bring litigation to enforce any provision of this Agreement, the prevailing party in any such litigation shall be entitled to recover its reasonable costs of suit including, without limitation, reasonable attorneys’ fees.

M. Venue and Interpretation. Any agreement between the City of Monrovia and the selected OPTS shall be interpreted as having been drafted jointly by the parties with the assistance of counsel. Venue for any legal action arising out of this Agreement shall be the jurisdictionally appropriate court of Los Angeles County, California. This Agreement shall be interpreted according to the local laws of the State of California.

ATTACHMENTS .

• 2026 OPTS Request for Proposals (Final)
• 2026 OPTS RFP Proposal Form