HomeMy WebLinkAbout25-Police Department
ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: September 2, 2008
Subject: RESOLUTION OF THE MAYOR
AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ESTABLISHING TOW
CARRIER FRANCHISE FEES AND AMENDING
RESOLUTIONS 1999-86 AND 2005-286,
AMENDING CITY'S AGREEMENTS FOR TOW
SERVICES WITH SIX TOW CARRIERS AND
AUTHORIZING THE EXECUTION OF
AMENDMENTS TO AGREEMENTS FOR TOW
SERVICES WITH SIX TOW CARRIERS
From: Michael A. Billdt
Chief of Police
Dept: Police Department
MlCC Date September 2, 2008
Synopsis of Previons Council Action:
May 17, 1999 - Resolution 99-86 Set Franchise Fees at $24,000 Per Month Total.
August 15,2005 - Resolution 05-286 Established Standard Towing Criteria.
December 19,2005 - Resolutions 05-434 through 05-439 Authorized Tow Service Agreements with Six
Tow carriers.
Recommended motion:
Adopt Resolution.
~
Michael Billdt, Chief of Police
Contact person: SIrt. Jarrod Burl!Uan
Phone:
5738
Supporting data attached: Yes
Ward:
All
FUNDING REQUIREMENTS: Amount: None
Source: N/A
Finance:
Council Notes:
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Agenda Item No.
1.5"
-- - --
STAFF REPORT
Council Meeting Date:September 2, 2008
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
Michael A. Billdt, Chief of Police
August 28, 2008
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO ESTABLISHING TOW CARRIER FRANCmSE
FEES AND AMENDING RESOLUTIONS 1999-86 AND 2005-286, AMENDING
CITY'S AGREEMENTS FOR TOW SERVICES WITH SIX TOW CARRIERS
AND AUTHORIZING THE EXECUTION OF AMENDMENTS TO
AGREEMENTS FOR TOW SERVICES WITH SIX TOW CARRIERS
On May 17, 1999, Resolution 99-86 was passed setting monthly towing franchise fees at
$24,000 total for the City's six contract tow carriers.
On August 15,2005, Resolution 2005-286 was passed by the Mayor and Cornmon Council
establishing Standard Towing criteria for the six tow carriers on the City's tow rotation. On
December 19, 2005, Resolutions 2005-434 through 439 were passed approving contracts with the
six tow carriers in the City to tow vehicles at the City's request.
The franchise fees were based on a $40 per vehicle franchise fee multiplied by the average
number of vehicles towed per month. The $24,000 is paid equally by the six tow carriers, or $4000
each per month. This franchise fee has not been increased since 1999. Through the years, the
number of vehicles towed per month has increased approximately 24% from 612 per month in 1999
to 804 per month in 2007. In addition, the City's actual and reasonable costs incurred in connection
with the towing program have increased as well. The Police Department's cost analysis shows the
City's current costs per tow.
Resolution 99-86 must be amended to increase the franchise fees to $38,841 per month or
$6,473 per tow carrier to reflect the increased costs and increased number of monthly tows. The fee
increase will be collected from the tow carriers beginning October 1, 2008.
Paragraph 13 of Resolution 2005-286 must be amended to remove the time limitations on
changing franchise fees. Paragraph 13 currently includes the language "No later than January 20 of
each year, the police department shall determine the average monthly franchise fees based on a cost
analysis and the average number oftows in the prior fiscal year." This amendment will remove the
language in the first clause limiting the changes to a time prior to January 20. Instead the revised
language will allow the change in franchise fees any time during the year.
F:\sIMMONSITowingI9_2-OSTowingAgendaltemlEstablishingTowCarrierFranchiseFees.Staff.Rpt.wpd
Paragraph 13 of the Tow Services Agreements referenced in Resolution 2005-434 through
2005-439 contains the same language as Resolution 2005-286. Paragraph 30 of the Tow Service
Agreements states that the Towing Carriers, in addition to the contract terms, "shall also complywith
all provisions of the Mayor and Common Council of the City of San Bernardino Establishing
Standard Criteria for Companies to Provide Tow Services for the City of San Bernardino as said
Resolution exists and/or as said Resolution mav be amended from time to time." (Emphasis added.)
These amendments will increase the monthly towing franchise fees from $24,000 to $38,841.
The result is a monthly increase of $14,841 and an annual increase of $178,092.00.
Financial Imnact:
The Police Department will begin collecting the fees on October 1, 2008. Total fees for the
nine months remaining in the 2008-09 financial year will be $133,569. The 2008-09 budget includes
$108,000 in increased franchise fees.
F:ISIMMONSITowing>9.2-QSTowingAgendaltemlEstablishingTowCarrierFl1lJIchiseFees.StalT.Rpt. wpd
TOWING FRANCHISE FEE COST ANALYSIS
Position Labor Rate Hours Per UnitITow Cost Per Unit
Police Sergeant $81.06 10 rnin $13.51
Police Detective $70.00 10min $11.66
Police Officer $63.08 10min $10.51
CSO/Clerical $34.14 10min $5.69
Dispatcher $41.67 10min $6.94
Total $48.31 per tow
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ESTABLISHING TOW CARRIER FRANCmSE FEES AND
AMENDING RESOLUTIONS 1999-86 AND 2005-286, AMENDING CITY'S AGREEMENTS
FOR TOW SERVICES WITH SIX TOW CARRIERS AND AUTHORIZING THE
EXECUTION OF AMENDMENTS TO AGREEMENTS FOR TOW SERVICES WITH SIX
TOW CARRIERS
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and Common Council hereby set the Tow Carrier Franchise Fees
pursuant to the Tow Services Agreements with Wilson Towing, LLC; Big 'Z' Auto Works,
Incorporated; Danny's Towing; City Towing; Tri-City Towing; and Hayes Towing at $6,473 each per
month for a total of$38,841 per month, effective September 2,2008. Resolution 1999-86 is hereby
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:
"The towing carriers shall be charged a franchise fee set forth in the
Agreement for Tow Services. Each year, the police deparbnent 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 ()n the police
deparbnent 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
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 carriers of any change in the amount to be paid to the City."
SECTION 3. Pursuant to the authority in paragraph 30 of the Tow Service Agreements
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:
"13. Towing Carrier shall be charged a franchise fee. Each year, the
police deparbnent 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 deparbnentrotation 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."
F:\SIMMONS\Towing\9-2.08TowingAgendaItem\EstablishingTowCarrierFranchiseFees.Res.wpd
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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.
8 III
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13 III
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25 III
26 III
27 III
28 III
F:\SIMMONSlTowing\9-2-08TowingAgeodaltemlEstablishingTowCarrierFrancbiseFees.Res. wpd
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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
5 Common Council of the City of San Bernardino at a
meeting thereof, held on the _day
6 of
, 2008, by the following vote, to wit:
7 COUNCIL MEMBERS: AYES
8 ESTRADA
9 BAXTER
10 BRINKER
11 DERRY
12 KELLEY
0 13 JOHNSON
14 MC CAMMACK
15
16
17
NAYS ABSTAIN ABSENT
Rachel Clark, City Clerk
The foregoing Resolution is hereby approved this _ day of , 2008.
18
19
20
21
22 Approved as to form:
23 JAMES F. PENMAN,
City Attorney
24
25 Bt- }. ~~
0 26
27
28
PATRICK J. MORRIS, Mayor
City of San Bernardino
........n.... .n....lro1....~..~_..I.n ... no.,........;.... A ft...."."It..n'I\l::d!lhli~hinoTnwC'jlrriM'Fr:l.nt':hili:f';F~".Res. wod
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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 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 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."
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.
CITY OF SAN BERNARDlNO
By:
WILSON TOWING, LLC
By:
Approved as to Form
JAMES F. PENMAN, City Attorney
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EXHmIT"A"
F:\SIMMONS\Towing\9.2~08TowingAgendaltem\Wi1son Towing.Amendment No.1 to Agreement.wpd
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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 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.
CITY OF SAN BERNARDINO
By:
BIG 'Z' AUTO WORKS, INCORPORATED
By:
Approved as to Form
JAMES F. PENMAN, City Attorney
.~
By:
EXHIBIT "B"
F,\5IMMONS\Towing\9-2'()8TowingAgendaItemlBig Z.Amendment Nn. J to Agreement.wpd
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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.
CITY OF SAN BERNARDINO
By:
DANNY'S TOWING
By:
Approved as to Form
JAMES F. PENMAN, City Attorney
By: ~ r./l e,...
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o EXHIBIT "C"
F:\SrMMONS\Towing\9-2-DSTowingAgendaItem\Danny'sTowing.Amendment No.1 to Agreement.wpd
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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 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 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.
CITY OF SAN BERNARDINO
By:
CITY TOWING
By:
Approved as to Form
JAMES F. PENMAN, City Attorney
By: ~ 7.~~
r1
EXHIBIT "D"
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AMENDMENT NO.1 TO THE AGREEMENT
FOR TOW SERVICES WITH TRl-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 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 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 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.
CITY OF SAN BERNARDINO
By:
TRI-CITY TOWING
By:
Approved as to Form
JAMES F. PENMAN, City Attorney
By:
EXHIBIT "E"
F:\SIMMONS\Towing\9-2-08TowingAgendaltem\Tri-CityTowing.Amendment No.1 to Agreement.wpd
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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 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 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."
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.
CITY OF SAN BERNARDINO
By:
HAYES TOWING
By:
Approved as to Form
JAMES F. PENMAN, City Attorney
By:
EXHIBIT "F"
F:\SIMMONS\Towing\9-Z-QSTowingAgendaltem\HayesTowing.Amendment No. 1 to Agreement wpd
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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 l, 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.
CITY OF SAN BERNARDINO
By:
Wll.,SON TOWING, LLC
By:
Approved as to Form
lAME F. PENMAN, City Attorney
F:\SIMMONS\Towing\9~2.08TowingAgendaltem\Wi1son Towing.Amendment NO.1 to Agreement.wpd
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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 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.
CITY OF SAN BERNARDINO
By:
BIG 'Z' AUTO WORKS, INCORPORATED
By:
Approved as to Form
JAMES F. PENMAN, City Attorney
By: ~ 1/~
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F:\SIMMONSITowingl9-2-{)8TowingAgendaItemlBig Z.Amendment No. 110 Agreement.wpd
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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 fiscaJ. 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.
CITY OF SAN BERNARDINO
By:
DANNY'S TOWING
By:
Approved as to Form
JAMES F. PENMAN, City Attorney
~ e..,...-
F:\SIMMONS\Towing\9-2-08TowingAgendaltem\Danny'sTowing.Amendment No. I to Agreement.wpd
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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.
CITY OF SAN BERNARDINO
By:
CITY TOWING
By:
Approved as to Form
JAMES F. PENMAN, City Attorney
F:\SIMMONS\Towing\9-2-QSTowingAgendaltem\CityTowing.Amendment No.1 to Agreement.wpd
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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 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.
CITY OF SAN BERNARDINO
By:
TRl-CITY TOWING
By:
Approved as to Form
JAMES F. PENMAN, City Attorney
F:\SIMMONS\Towing\9-2-QSTowingAgendaItem\Tri...cityTowing.Amendment No. 1 to Agreement. wpd
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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 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 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.
CITY OF SAN BERNARDINO
By:
HAYES TOWING
By:
Approved as to Form
F. PENMAN, City Attorney
F:\SIMMONS\Towing\9~2-08TowingAgendaltem\HayesTowing.Amendment No.1 to Agreement.wpd
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
September 10,2008
TO:
Sergeant Jarrod Burguan, Police Department
FROM:
Margaret Fedor, Executive Assistant to the Director
RE:
Transmitting Documents for Signature - Resolution No. 2008-347
At the Mayor and Common Council meeting of September 2, 2008, the City of San Bernardino
adopted Resolution No. 2008-347 - Resolution of the Mayor and Common Council of the City
of San Bernardino establishing tow carrier franchise fees and amending Resolutions 1999-86
and 2005-286, amending City's agreements for tow services with six tow carriers and
authorizing the execution of amendments to agreements for tow services with six tow carriers.
Attached are one (1) ORIGINAL "Vendor Services Agreements" and two (2) duplicate originals
for each of the six tow carriers to be executed. Please obtain signatures in the appropriate
locations and return the six (6) ORIGINAL agreements to Margaret Fedor in the Citv Clerk's
Office as soon as possible. Please retain a copy of the fully executed agreements for your
records and forward the remaining copies to the appropriate party.
If you have any questions, please do not hesitate to contact me in the City Clerk's Office at ext.
3206.
Thank you.
I hereby acknow!;dge recfipt of the above mentioned documents.
Signed: ~~~
9-t.~~&
PLEASE SIGN AND RETURN
Date: