HomeMy WebLinkAbout2008-347
1 RESOLUTION NO. 2008-347
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ESTABLISHING TOW CARRIER FRANCHISE FEES AND
3 AMENDING RESOLUTIONS 1999-86 AND 2005-286, AMENDING CITY'S AGREEMENTS
FOR TOW SERVICES WITH SIX TOW CARRIERS AND AUTHORIZING THE
4 EXECUTION OF AMENDMENTS TO AGREEMENTS FOR TOW SERVICES WITH SIX
TOW CARRIERS
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor and Common Council hereby set the Tow Carrier Franchise Fees
8 pursuant to the Tow Services Agreements with Wilson Towing, LLC; Big 'Z' Auto Works,
9 Incorporated; Danny's Towing; City Towing; Tri-City Towing; and Hayes Towing at $6,473 each per
10 month for a total of $38,841 per month, effective September 2, 2008. Resolution 1999-86 is hereby
11 amended to reflect this change. The tow carriers shall begin paying those fees to the City on October
12 1,2008.
13 SECTION 2. Effective September 2,2008, paragraph 13 of Resolution 2005-286 is hereby
14 amended to read as follows:
15 "The towing carriers shall be charged a franchise fee set forth in the
Agreement for Tow Services. Each year, the police department shall determine
16 the average monthly franchise fees based on a cost analysis and the average
nwnber of tows in the prior fiscal year. The towing carriers on the police
17 department rotation list will each pay an equal share of the franchise fees on a
monthly basis. This franchise fee shall be paid from the towing carrier's profits
18 and shall not be passed on to the vehicle owners. Should the total nwnber of
towing carriers on the rotation list change, the franchise fee will be adjusted
19 accordingly among the towing carriers. Ten days notice shall be given to the
participating towing carriers of any change in the amount to be paid to the City."
20
SECTION 3. Pursuant to the authority in paragraph 30 ofthe Tow Service Agreements
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with Wilson Towing, LLC, Big 'Z' Auto Works, Incorporated; Danny's Towing; City Towing; Tri-City
Towing; and Hayes Towing, paragraph 13 of each of the agreements is amended to read as follows:
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"13. Towing Carrier shall be charged a franchise fee. Each year, the
police department shall determine the average monthly franchise fees based on
a cost analysis and the average nwnber of tows in the prior fiscal year. The
towing carriers on the police department rotation list will each pay an equal share
of the franchise fees on a monthly basis. This franchise fee shall be paid from the
Towing Carrier profits and shall not be passed on to the vehicle owners. Should
the total nwnber of Towing Carriers on the rotation list change, the franchise fee
will be adjusted accordingly among the Towing Carriers. Ten days notice shall
be given to the participating Towing Carrier of any change in the amount to be
paid to the City."
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F:\SIMMONS\Towing\9-2-08TowingAgendaltem\EstablishingTowCarrierFranchiseFees. Res.wpd
2008-347
1 SECTION 4. The City Manager is authorized to execute on behalf of the City,
2 Amendments to the Agreements for Tow Services between Wilson Towing, LLC; Big 'Z' Auto Works,
3 Incorporated; Danny's Towing; City Towing; Tri-City Towing; and Hayes Towing, and the City of San
4 Bernardino, copies of which are attached hereto, marked Exhibits A through F, respectively and
5 incorporated by this reference as though fully set forth at length.
6 SECTION 5. The authorization to execute these Amendment Agreements is rescinded if
7 these amendments are not fully executed within 60 days of the passage of this Resolution.
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F:\SIMMONS\Towing\9-2-08TowingAgendaltem\BstablishingTowCanierFranchiseFees.Res. wpd
2008'- 347
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ESTABLISHING TOW CARRIERFRANCmSE FEES AND AMENDING
2 RESOLUTION 1999-86 AND 2005-286, AMENDING CITY'S AGREEMENTS FOR TOW
SERVICES WITH SIX TOW CARRIERS AND AUTHORIZING THE EXECUTION OF
3 AMENDMENTS TO AGREEMENTS FOR TOW SERVICES WITH SIX TOW CARRIERS
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
joint
5 Common Council of the City of San Bernardino at a T~~1I1 aT meeting thereof, held on the 1..:."day
6 of September , 2008, by the following vote, to wit:
7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
8 ESTRADA ---1L
9 BAXTER ---1L
10 BRINKER x
11 DERRY ---..lL
12 KELLEY ---1L
13 JOHNSON ---1L
14 MC CAMMACK ---..lL
15 ~~h.~
16 Rac el Clark, City Clerk
17
The foregoing Resolution is hereby approved this l"pldayof Septemher2008.
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21
CK J. MO ayor
San Bernardino
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22 Approved as to form:
23 JAMES F. PENMAN,
City Attorney
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25
'yO- t f,.~
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F:\SIMMONS\Towing\9-2-08TowingAgendaltem\EstablishingTowCarrierFranchiseFees.Res.wpd
2008-347
AMENDMENT NO.1 TO THE AGREEMENT
FOR TOW SERVICES WITH BIG 'Z' AUTO WORKS, INCORPORATED
THE AGREEMENT is made and entered into this 2nd day of September, 2008 by and
between the City of San Bernardino and Big 'Z' Auto Works, Incorporated.
Paragraph 13 ofthe Agreement for Tow Services dated December 1, 2005 is amended to read
as follows:
"13. Towing Carrier shall be charged a franchise fee. Each year, the police
department shall determine the average monthly franchise fees based on a cost analysis
and the average number of tows in the prior fiscal year. The towing carriers on the
police department rotation list will each pay an equal share of the franchise fees on a
monthly basis. This franchise fee shall be paid from the Towing Carrier profits and
shall not be passed on to the vehicle owners. Should the total number of Towing
Carriers on the rotation list change, the franchise fee will be adjusted accordingly
among the Towing Carriers. Ten days notice shall be given to the participating Towing
Carrier of any change in the amount to be paid to the City."
All other terms and conditions remain the same.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and date first
shown above.
ERNARDINO
By:
BIG'Z~CORPORATED
By. .
Approved as to Form
JAMES F. PENMAN, City Attorney
By: ~ 1r/~
C
F:\SIMMONS\Towing\9-2-08TowingAgendaItem\Big Z.Amendment No.1 to Agreement.wpd
2008-347 .
AMENDMENT NO.1 TO THE AGREEMENT
FOR TOW SERVICES WITH CITY TOWING
THE AGREEMENT is made and entered into this 2nd day of September, 2008 by and
between the City of San Bernardino and City Towing.
Paragraph 13 of the Agreement for Tow Services dated December 1, 2005 is amended to read
as follows:
"13. Towing Carrier shall be charged a franchise fee. Each year, the police
department shall determine the average monthly franchise fees based on a cost analysis
and the average number of tows in the prior fiscal year. The towing carriers on the
police department rotation list will each pay an equal share of the franchise fees on a
monthly basis. This franchise fee shall be paid from the Towing Carrier profits and
shall not be passed on to the vehicle owners. Should the total number of Towing
Carriers on the rotation list change, the franchise fee will be adjusted accordingly
among the Towing Carriers. Ten days notice shall be given to the participating Towing
Carrier of any change in the amount to be paid to the City."
All other terms and conditions remain the same.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and date first
shown above.
By:
CITY TOWING
Approved as to Form
By: ~~/c-
/ ..
JAMES F. PENMAN, City Attorney
F:\SIMMONS\Towing\9-2-08TowingAgendaItem\CityTowing.Amendment No.1 to Agreement.wpd
'..'
2008-347
AMENDMENT NO.1 TO THE AGREEMENT
FOR TOW SERVICES WITH DANNY'S TOWING
THE AGREEMENT is made and entered into this 2nd day of September, 2008 by and
between the City of San Bernardino and Danny's Towing.
Paragraph 13 of the Agreement for Tow Services dated December 1, 2005 is amended to read
as follows:
"13. Towing Carrier shall be charged a franchise fee. Each year, the police
department shall determine the average monthly franchise fees based on a cost analysis
and the average number of tows in the prior fiscal year. The towing carriers on the
police department rotation list will each pay an equal share of the franchise fees on a
monthly basis. This franchise fee shall be paid from the Towing Carrier profits and
shall not be passed on to the vehicle owners. Should the total number of Towing
Carriers on the rotation list change, the franchise fee will be adjusted accordingly
among the Towing Carriers. Ten days notice shall be given to the participating Towing
Carrier of any change in the amount to be paid to the City."
All other terms and conditions remain the same.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and date first
shown above.
By:
BERNARDINO
D
. TOWING tt~L#~~/V?
By'
Approved as to Form
JAMES F. PENMAN, City Attorney
-f~
F:\SIMMONS\Towing\9-2-08TowingAgendaltem\Danny'sTowing.Amendment No.1 to Agreement.wpd
2008-347
AMENDMENT NO.1 TO THE AGREEMENT
FOR TOW SERVICES WITH HAYES TOWING
THE AGREEMENT is made and entered into this 2nd day of September, 2008 by and
between the City of San Bernardino and Hayes Towing.
Paragraph 13 ofthe Agreement for Tow Services dated December 1,2005 is amended to read
as follows:
"13. Towing Carrier shall be charged a franchise fee. Each year, the police
department shall determine the average monthly franchise fees based on a cost analysis
and the average number of tows in the prior fiscal year. The towing carriers on the
police department rotation list will each pay an equal share of the franchise fees on a
monthly basis. This franchise fee shall be paid from the Towing Carrier profits and
shall not be passed on to the vehicle owners. Should the total number of Towing
Carriers on the rotation list change, the franchise fee will be adjusted accordingly
among the Towing Carriers. Ten days notice shall be given to the participating Towing
Carrier of any change in the amount to be paid to the City."
All other terms and conditions remain the same.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and date first
shown above.
By:
Approved as to Form
F. PENMAN, City Attorney
F:\SIMMONS\Towing\9-2-08TowingAgendaItem\HayesTowing.Amendment No.1 to Agreement.wpd
2008-347 .
AMENDMENT NO.1 TO THE AGREEMENT
FOR TOW SERVICES WITH TRI-CITY TOWING
THE AGREEMENT is made and entered into this 2nd day of September, 2008 by and
between the City of San Bernardino and Tri-City Towing.
Paragraph 13 of the Agreement for Tow Services dated December 1,2005 is amended to read
as fonows:
"13. Towing Carrier shan be charged a franchise fee. Each year, the police
department shan determine the average monthly franchise fees based on a cost analysis
and the average number oftows in the prior fiscal year. The towing carriers on the
police department rotation list will each pay an equal share of the franchise fees on a
monthly basis. This franchise fee shan be paid from the Towing Carrier profits and
shan not be passed on to the vehicle owners. Should the total number of Towing
Carriers on the rotation list change, the franchise fee will be adjusted accordingly
among the Towing Carriers. Ten days notice shan be given to the participating Towing
Carrier of any change in the amount to be paid to the City."
An other terms and conditions remain the same.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and date first
shown above.
By:
TRI-CITY TOWING
By: ~tJ~.
Approved as to Form
JAMES F. PENMAN, City Attorney
F:\SlMMONS\Towing\9-2-08TowingAgendaItem\Tri-CityTowing.Amendment No.1 to Agreement.wpd
2008-347
AMENDMENT NO.1 TO THE AGREEMENT
FOR TOW SERVICES WITH WILSON TOWING, LLC
THE AGREEMENT is made and entered into this 2nd day of September, 2008 by and
between the City of San Bernardino and Wilson Towing, LLC.
Paragraph 13 of the Agreement for Tow Services dated December 1,2005 is amended to read
as follows:
"13. Towing Carrier shall be charged a franchise fee. Each year, the police
department shall determine the average monthly franchise fees based on a cost analysis
and the average number of tows in the prior fiscal year. The towing carriers on the
police department rotation list will each pay an equal share of the franchise fees on a
monthly basis. This franchise fee shall be paid from the Towing Carrier profits and
shall not be passed on to the vehicle owners. Should the total number of Towing
Carriers on the rotation list change, the franchise fee will be adjusted accordingly
among the Towing Carriers. Ten days notice shall be given to the participating Towing
Carrier of any change in the amount to be paid to the City."
All other terms and conditions remain the same.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and date first
shown above.
By:
WILSON TOWING, LLC
BY:? 7~
Approved as to Form
JAME F. PENMAN, City Attorney
F:\SIMMONS\Towing\9-2-08TowingAgendaItem\Wilson Towing.Amendment No.1 to Agreement.wpd