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HomeMy WebLinkAbout1997-004 1 RESOLUTION NO. 91-4 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR TOW 3 SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND DANNytS TOWING 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 SECTION 1. The Mayor of the City of San Bernardino is 6 hereby authorized and directed to execute on behalf of said City 7 an Agreement For Tow Services with Dannyts Towing, a copy of which 8 is attached hereto marked Exhibit "A" and incorporated herein by 9 reference as fully as though set forth at length. 10 SECTION 2. The authorization to execute the above- 11 referenced agreement is rescinded if the parties to the agreement 12 fail to execute it within sixty (60) days of the passage of this 13 resolution. 14 / / / 15 / / / 16 / / / 17 / / / 18 / / / 19 / / / 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 HTC:ms[Danny.Res] 1 RES.97-4 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR TOW 2 SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND DANNytS TOWING 3 4 I HEREBY CERTIFY that the foregoing resolution was duly 5 adopted by the Mayor and Common Council of the City of San jo~nt adjourned regular meeting thereof, held on the 13th 6 Bernardino at a 7 day of January , 1997, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 NEGRETE x 10 CURLIN x 11 ARIAS x 12 OBERHELMAN x 13 DEVLIN x 14 ANDERSON x 15 MILLER 16 17 18 19 20 of 21 22 x Q~" h.. ~ Ci&; Clerk The foregoing resolution is hereby approved this I Lj Ii. day January , 1997. ~. "1// /e'/4't I't~ Tom Minor, Mayor - City of San Bernardino 23 Approved as to 24 form and legal content: 25 JAMES City 26 27 By: 28 HTC:ms[Danny.Res] 2 97-4 1 AGREEMENT FOR TOW SERVICES THIS AGREEMENT FOR TOW SERVICES entered into this/AlLday of~~ 2 3 1997, by and between the City of San Bernardino ("City") and Danny's Towing ('Towing Carrier"). 4 The parties hereto agree as follows: 5 I. Towing Carrier hereby agrees to provide tow services to the City of San 6 Bernardino pursuant to the terms and conditions contained in this Agreement. 7 2. Towing Carrier shall: 8 A. Have a minimum storage space for 200 vehicles with a minimum of twelve 9 inside spaces; outside storage lots must be adequately lighted. 10 B. Have an attendant on call twenty-four (24) hours a day, seven days a week 11 at place of business. 12 C. D. Have no more than two telephone numbers listed with any City department. Store towed vehicles in a safe and protected space where the vehicles and 13 14 their contents will not be accessible to thieves nor be damaged by activity in the carrier 15 establishment or from the elements or by vandals; no vehicles shall be left parked or stored on the 16 public streets at anytime; in no event shall the city be liable for any theft, vandalism or damage 17 occurring to any such vehicle or is contents. 18 E. Post a tag on the windshield on all cars ordered impounded by a City 19 department. 20 F. Collect all towing or hauling and storage charges on each vehicle from the 21 owner; in no event shall the city be liable for any such charge. 22 G. Whenever a vehicle has been involved in an accident or a traffic violation, 23 and the owner or someone delegated by him is present and is capable of removing the vehicle from 24 the street with reasonable dispatch, and the vehicle is not needed for criminal evidence, City and/or 25 towing carrier shall permit the owner or his delegate to remove the vehicle or call a towing 26 company of his or her own choice to remove the same; provided, however, that if the street cannot 27 be cleared for safe public use with reasonable dispatch by the above method, and in all situations 28 other than above set forth, a towing carrier from the top of the rotation list will be called by the HTC:ms [Danny.Agr] 1 EXHIBIT nA- RES.97-4 1 City. 2 H. Furnish each owner with a fully itemized billing. 3 L Immediately after each towing operation, make a towing slip with the 4 contents of each vehicle placed in his or her care itemized thereon as verified by the officer 5 ordering the same and make the slip available to the City on request. 6 1. Release no irnpounded vehicle without first having obtained a release from 7 the City to do so. 8 K. Agree to a rotation system established by the City. 9 1. Comply with all rules, regulations and laws of the state, county and City. 10 M. Have adequate equipment to handle calls from the city, impounds and 11 storage of motor vehicles. 12 N. The carrier shall operate from a location within the City of San Bernardino, 13 and all of the facilities necessary for said operation shall be located within the City of San 14 Bernardino. 15 O. Carry a broom, trash can and sand and shall clean and remove broken glass, 16 spilled oil, or gasoline frorn the area before departing, unless directed to not do so by police officers 17 and/or designated City employees at the scene. 18 P. Obtain and maintain public liability and property damage insurance in the 19 amount of $1 million, and naming the City of San Bernardino as an additional insured. The carrier 20 shall provide a Certificate ofInsurance, naming the City as an additional insured annually at a date 21 to be determined by the City's Risk Manager. 22 Q. Tow vehicles shall be rated at a minimum of 14000 GVW. 23 3. Towing Carrier shall give or cause to be given written notice to the registered and 24 legal owners of each vehicle which is towed in conformity with the authorization and requirements 25 of this Agreement concerning the fact of such towing, the place at which such vehicle is stored and 26 the imposition of charges for towing, storage and related services whenever the towing carrier 27 knows or is able to ascertain from the registration records in the vehicle or from the registration 28 records of the Department of Motor Vehicles the name and address of the registered and legal HTC:ms [Danny.Agr] 2 RES.97-4 1 owners. The notice shall be given not more than ten (10) days from the date of the towing of the 2 vehicle by the towing carrier. 3 4. Every tow truck of towing carrier which is subject to the provisions of this 4 Agreement and which by virtue of this Agreement responds to calls for service by the City, shall 5 be clearly rnarked on both sides ofthe cab with the name and telephone number of towing carrier. 6 5. This Agreernent may be terminated by either party upon the giving of thirty (30) 7 days written notice. 8 6. Towing Carrier shall be dispatched to tow calls on a per call rotation basis in 9 conjunction with other towing carriers which have entered into agreements with the City. 10 7. Monthly, Towing Carrier shall submit to the City a list of all vehicles towed the 11 previous month, including license plate number and VIN. 12 8. Towing Carrier shall charge for services on calls by the City, in an amount not to 13 exceed the hourly rate set forth by the California Highway Patrol. The minimum charge for 14 services shall not exceed one (I) hour. 15 9. Standby time for tow trucks will begin one (I) hour after receipt of calls from the 16 City and is defined to mean the time consumed after the first hour in necessary preparations in 17 order to tow the disabled vehicle and in cleaning up the immediate surrounding area. 18 10. In the event that a towed vehicle is forfeited by the owner in accordance with 19 S 14607 of the California Vehicle Code, 100% of the net proceeds ofthe sale ofthe vehicle shall 20 be remitted to the City. 21 II. Upon reasonable advance written notice, City shall have the right to review and 22 audit the books of towing carrier at towing carrier's place of business and during business hours. 23 12. The parties understand and agree that this Agreement grants Towing Carrier a non- 24 exclusive franchise. 25 13. Towing Carrier shall charge and remit to City on a monthly basis a $50.00 per 26 vehicle towed franchise fee. Such fee shall not be charged for those individuals who have had their 27 vehicles towed, stored or impounded as a result of being a victim of a crime (car theft, etc) or those 28 vehicles belonging to any public agency. HTC:ms [Danny.Agr] 3 RES.97-4 1 14. Towing Carrier shall also comply with the minimal standards set forth in the ~ 2 California Highway Patrol tow service agreement as such agreement shall be amended frorn time 3 to time. Where provisions of this Agreernent and theiCHPrtowi~ervjce agreement shall be found 4 to be in conflict, the provisions of this Agreement shall prevail. 5 15. Towing carrier shall also comply with all provisions of the Resolution of the 6 Mayor and Common Council of the City of San Bernardino Establishing Standard Criteria for 7 Companies to Provide Tow Services for the City of San Bernardino as said resolution exists and/or 8 as said resolution may be amended from time to time. 9 16. Any notice to be given pursuant to this Agreement by either party to the other shall lobe deposited with the United States Postal Service, postage prepaid, and addressed as follows: 11 To the City: City Administrator 300 North "D" Street San Bernardino, CA 92418 12 13 To Towing Carrier: Danny's Towing 2305 W. Highland Avenue San Bernardino, CA 92405 14 15 Nothing in this paragraph shall be construed to prevent the giving of notice by personal 16 service. 17 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day 18 and date first above shown. 19 20 21 Attest: 22 23 By: ~LLfj CY ~UJU 24 25 ApPlOved as to Form and Legal Content: 26 27 28 BY' CITY OF SAN BERNARDINO B~'<<M , Mayor om Minor - BY' HTC:ms [Danny.Agr] 4 V"