Tow pacts called into question

Contracts are awarded to five companies despite their sites being out of compliance

Several San Bernardino tow companies have received new contracts with the city despite needing more time to meet certain requirements for inclusion on the Police Department’s tow rotation.

Five firms expect to bring their sites into compliance by April 1 — the day the latest agreements and new rotation go into effect — while two have indicated they need until July 1.

Only one has said it meets all tow carrier standards.

Either way, all eight companies will be used for tow and storage services starting next month.

Police officials did not inspect each yard before policymakers awarded the contracts last week, but they will sometime after July 1 to ensure compliance. Carriers that do not pass the inspection — so long as the city was not responsible for such an outcome — will be stripped of their contract and removed from the rotation.

The City Council unanimously supported the decision March 17.

Not long after paying local tower Pepe’s Towing $1.3 million to settle a federal lawsuit accusing former and current city leaders of awarding no-bid tow contracts to six firms in exchange for political contributions, the City Council set new standards for tow carriers.

All requirements, as well as the option to request more time to meet them, were included in a request for proposal, or RFP, for tow services released in December.

Last week, 10 candidates were divided into five categories based on their ability to meet those standards.

Five companies indicated they were either already in compliance or could be by April 1; two said they needed until July 1; one re

quested until July 1, but expected to improve its property by April 1; and two showed an inability or unwillingness to satisfy all requirements.

While city staffers suggested all eight capable candidates receive a contract, they also recommended the three that requested the July deadline be left off the rotation until they update their yards.

Elected officials instead put each firm on the rotation and required compliance by July 1.

In a letter to city leadership Monday, attorney Stephen G. Larson, who represented Pepe’s Towing in the federal lawsuit, questioned

the city’s decision to consider awarding contracts “without any prior inspection to independently determine if any of the applicants actually met the requirements.”

“The City’s position,” Larson wrote, “is problematic and untenable.”

According to Pepe’s 2019 lawsuit, a handful of companies have enjoyed a monopoly on towing in San Bernardino because they have donated to the campaigns of certain elected officials.

In his letter Monday, Larson noted that sitting council members have received contributions from some of the not-yet-compliant firms awarded new contracts and spaces on the tow rotation.

“Despite the City’s representations that it would engage in a fair process,” Larson wrote, “it appears that the City is going about business as normal and continuing to show blatant favoritism.”

Larson concluded his letter by urging city officials to inspect the tow carriers before officially awarding the contracts “so that non-qualifying applicants are removed from consideration.”

If not, Larson continued, Pepe’s Towing will consider pursuing legal action.

City Manager Rob Field said Wednesday, March 24, he was out of town for the rest of the week and could not provide “much of a response on Larson’s letter.”

City Attorney Sonia Carvalho did not respond to an email or phone call Wednesday seeking comment on the matter.