HomeMy WebLinkAbout2016-073 1 RESOLUTION NO. 2016-73
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 2
3 TO THE TOW SERVICES AGREEMENTS WITH CITY TOWING, HAYES
4 TOWING, DANNY'S TOWING, TRI-CITY TOWING, BIG "Z" AUTO WORKS, AND
WILSON TOWING.
5
WHEREAS, on August 15, 2005, the Mayor and Common Council passed Resolution
6 2005-286 establishing standard towing criteria for the six tow carriers on the City's tow
7 rotation and authorizing a form of tow services agreement attached to the Resolution; and
8 WHEREAS, the City Manager's office has worked with the Tow Carriers and
Police Department to agree on updated franchise and other fees and a separate and updated
9 Tow Services Agreement; and
10
WHEREAS, implementation of the updated franchise fee and new Tow Services
11 Agreement requires an amendment to the current Tow Services Agreements. Resolution No.
12 2005-286, which will continue to govern involuntary tows as amended; and
13 WHEREAS,the Tow Services Agreement has been reorganized for ease of
understanding; the provisions of Resolution No. 2005-286 regarding franchise fees,
14 assignment and term have been revised; and
15 WHEREAS, all six Tow Carriers have agreed in their respective Tow Carrier
16 Agreements to such amendments, changes and modifications to Resolution No. 2005-286 as
17 contained in the Tow Services Agreements; and
18 WHEREAS, this action is exempt from CEQA as it is the amendment of an existing
regulatory enactment.
19
20 NOW,THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND
ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
21 BERNARDINO, AS FOLLOWS:
22 Section 1. The City Manager is hereby authorized to execute Amendment No. Two to
23 the Tow Services Agreements with City Towing, Hayes Towing, Danny's Towing, Tri-City
Towing, Big"Z" Auto Works, and Wilson Towing , copies of which are attached hereto as
24 Exhibits "A-F" and incorporated herein.
25
26
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 2
2 TO THE TOW SERVICES AGREEMENTS WITH CITY TOWING, HAYES
TOWING, DANNY'S TOWING, TRI-CITY TOWING, BIG "Z" AUTO WORKS, AND
3 WILSON TOWING.
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 joint regular meeting thereof, held on the
6 4t'day of April, 2016, by the following vote, to wit:
7
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ X
10 BARRIOS X
11 VALDIVIA X
12
SHORETT X
13
14 NICKEL X
15 RICHARD X
16 MULVIHILL X
17
18
Georg Hanna, C, City Clerk
19
20 The foregoing resolution is hereby approved this day of April, 2016.
21
22 R. Carey Davis/Mayor
23 City of San B rnardino
24 Approved as to form:
Gary D. Saenz, City Attorney
25
B AQ CAA 'Cc--V—
26
27
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2016-73
Exhibit A
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND CITY TOWING FOR TOWING SERVICES
This Amendment Number Two (the "Second Amendment") is entered into this 4th day of April,
2016,BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY");
AND,
City Towing, a towing provider, incorporated under the laws of the State of California
and having its principal place of business at 530 W 10th Street, San Bernardino,
California (the "VENDOR') (individually CITY or VENDOR may be referred to as a
"PARTY"and collectively CITY and VENDOR may be referred to as the"PARTIES").
WITNESSETH :
WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow
Service Agreement(the"Agreement") for involuntary tow service; and,
WHEREAS, CITY and VENDOR desire to amend the Agreement for Tow Service and
desire to amend their rights, duties, and liabilities in connection with their performance
thereunder; and,
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein,the PARTIES hereby agree as follows:
1.RECITALS. Section E is hereby deleted.
2. Section 2(a) of the Tow Service Agreement is amended to extend the term for an additional
five (5) years commencing on the effective date.
3. Section 10(c) of the Tow Service Agreement is amended to include Year 6 (July 1, 2016
through June 30, 2017) - $81.37/vehicle-a 3% increase from Year 5 (July 1, 2015 through June
30, 2016) rate at $79/vehicle; Year 7 (July 2017 through June 30, 2018)- $83.81/vehicle; Year 8
(July 1, 2018 through June 30, 2019) rate at $86.32/vehicle; Year 9 (July 1, 2019 through June
30, 2020) rate at $88.91/vehicle; and Year 10 (July 1, 2020 through June 30, 2021) rate at
$91.58/vehicle.
4. Effective Date. This Agreement shall take effect in the manner as provided in the City
Charter.
TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
CITY TOWING FOR TOWING SERVICES
Page 1 of 2
2016-73
Exhibit A
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND CITY TOWING FOR TOWING SERVICES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: 5=--24 p2o/G, 2016 VENDOR: City Towing
By:y
Its: 6w'--Ps
Dated � �°, 2016 CITY OF SAN BERNARDINO
By: I'Kf . "J�
Mark Scott, City Manager
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
CITY TOWING FOR TOWING SERVICES
Page 2 of 2
2016-73
Exhibit B
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND HAYES TOWING FOR TOWING SERVICES
This Amendment Number Two (the "Second Amendment") is entered into this 4th day of April,
2016, BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY");
AND,
Hayes Towing, a towing provider, incorporated under the laws of the State of California
and having its principal place of business at 5486 Industrial Parkway, San Bernardino,
California (the "VENDOR") (individually CITY or VENDOR may be referred to as a
"PARTY" and collectively CITY and VENDOR may be referred to as the "PARTIES").
WITNESSETH :
WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow
Service Agreement (the "Agreement") for involuntary tow service; and,
WHEREAS, CITY and VENDOR desire to amend the Agreement for Tow Service and
desire to amend their rights, duties, and liabilities in connection with their performance
thereunder; and,
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the PARTIES hereby agree as follows:
1. RECITALS. Section E is hereby deleted.
2. Section 2(a) of the Tow Service Agreement is amended to extend the term for an additional
five (5) years commencing on the effective date.
3. Section 10(c) of the Tow Service Agreement is amended to include Year 6 (July 1, 2016
through June 30, 2017) - $81.37/vehicle -a 3% increase from Year 5 (July 1, 2015 through June
30, 2016) rate at $79/vehicle; Year 7 (July 2017 through June 30, 2018)- $83.81/vehicle; Year 8
(July 1, 2018 through June 30, 2019) rate at $86.32/vehicle; Year 9 (July 1, 2019 through June
30, 2020) rate at $88.91/vehicle; and Year 10 (July 1, 2020 through June 30, 2021) rate at
$91.58/vehicle.
4. Effective Date. This Agreement shall take effect in the manner as provided in the City
Charter.
TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
HAYES TOWING FOR TOWING SERVICES
Page 1 of 2
2016-73
Exhibit B
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND HAYES TOWING FOR TOWING SERVICES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: / 1 , 2016 VENDOR: Hayes Towing
By:
Its:
Dated ✓< �� , 2016 CITY OF SAN BERNARDINO
By:
Mark Scott, City Manager
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
By.
TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
HAYES TOWING FOR TOWING SERVICES
Page 2 of 2
2016-73
Exhibit C
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND DANNY'S TOWING FOR TOWING
SERVICES
This Amendment Number Two (the "Second Amendment") is entered into this 4th day of April,
2016, BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY");
AND,
Danny's Towing, a towing provider, incorporated under the laws of the State of
California and having its principal place of business at 2305 W. Highland Avenue, San
Bernardino, California (the "VENDOR") (individually CITY or VENDOR may be
referred to as a"PARTY" and collectively CITY and VENDOR may be referred to as the
"PARTIES").
WITNESSETH :
WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow
Service Agreement (the "Agreement") for involuntary tow service; and,
WHEREAS, CITY and VENDOR desire to amend the Agreement for Tow Service and
desire to amend their rights, duties, and liabilities in connection with their performance
thereunder; and,
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the PARTIES hereby agree as follows:
1. RECITALS. Section E is hereby deleted.
2. Section 2(a) of the Tow Service Agreement is amended to extend the term for an additional
five (5) years commencing on the effective date.
3. Section 10(c) of the Tow Service Agreement is amended to include Year 6 (July 1, 2016
through June 30, 2017) - $81.37/vehicle—a 3% increase from Year 5 (July 1, 2015 through June
30, 2016) rate at $79/vehicle; Year 7 (July 2017 through June 30, 2018)- $83.81/vehicle; Year 8
(July 1, 2018 through June 30, 2019) rate at $86.32/vehicle; Year 9 (July 1, 2019 through June
30, 2020) rate at $88.91/vehicle; and Year 10 (July 1, 2020 through June 30, 2021) rate at
$91.58/vehicle.
4. Effective Date. This Agreement shall take effect in the manner as provided in the City
Charter.
TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
DANNY'S TOWING FOR TOWING SERVICES
Page l of 2
2016-73
Exhibit C
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND DANNY'S TOWING FOR TOWING
SERVICES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: , 2016 VENDOR- ny's Towing
By: '� ,C
Its:
Dated `���` 12016 CITY OF SAN BERNARDINO
By:
Mark Scott, City Manager
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
By.
TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
DANNY'S TOWING FOR TOWING SERVICES
Page 2 of 2
20.16-73
Exhibit D
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND TRI-CITY TOWING FOR TOWING
SERVICES
This Amendment Number Two (the "Second Amendment") is entered into this 4th day of April,
2016,BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY");
AND,
Tri-City Towing, a towing provider, incorporated under the laws of the State of
California and having its principal place of business at 1661 W. Walnut Street, San
Bernardino, California (the "VENDOR") (individually CITY or VENDOR may be
referred to as a"PARTY" and collectively CITY and VENDOR may be referred to as the
"PARTIES").
WITNESSETH :
WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow
Service Agreement (the "Agreement") for involuntary tow service; and,
WHEREAS, CITY and VENDOR desire to amend the Agreement for Tow Service and
desire to amend their rights, duties, and liabilities in connection with their performance
thereunder; and,
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the PARTIES hereby agree as follows:
1. RECITALS. Section E is hereby deleted.
2. Section 2(a) of the Tow Service Agreement is amended to extend the term for an additional
five (5) years commencing on the effective date.
3. Section 10(c) of the Tow Service Agreement is amended to include Year 6 (July 1, 2016
through June 30, 2017) - $81.37/vehicle— a 3% increase from Year 5 (July 1, 2015 through June
30, 2016) rate at $79/vehicle; Year 7 (July 2017 through June 30, 2018)- $83.81/vehicle; Year 8
(July 1, 2018 through June 30, 2019) rate at $86.32/vehicle; Year 9 (July 1, 2019 through June
30, 2020) rate at $88.91/vehicle; and Year 10 (July 1, 2020 through June 30, 2021) rate at
$91.58/vehicle.
4. Effective Date. This Agreement shall take effect in the manner as provided in the City
Charter.
TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
TRI-CITY TOWING FOR TOWING SERVICES
Page 1 of 2
2016-73
Exhibit D
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND TRI-CITY TOWING FOR TOWING
SERVICES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: , 2016 VENDOR: Tri-City Towing
By:
Its:
Dated 4nl /t , 2016 CITY OF SAN BERNARDINO
By:
Mark Scott, City Manager
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
By:
TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
TRI-CITY TOWING FOR TOWING SERVICES
Page 2 of 2
F 2016-73
Exhibit E
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND BIG "Z" AUTO WORKS FOR TOWING
SERVICES
This Amendment Number Two (the "Second Amendment") is entered into this 4th day of April,
2016, BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY");
AND,
Big "Z" Auto Works, a towing provider, incorporated under the laws of the State of
California and having its principal place of business at 274 N. I Street, San Bernardino,
California (the "VENDOR") (individually CITY or VENDOR may be referred to as a
"PARTY" and collectively CITY and VENDOR may be referred to as the "PARTIES").
WITNESSETH :
WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow
Service Agreement (the "Agreement") for involuntary tow service; and,
WHEREAS, CITY and VENDOR desire to amend the Agreement for Tow Service and
desire to amend their rights, duties, and liabilities in connection with their performance
thereunder; and,
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the PARTIES hereby agree as follows:
1. RECITALS. Section E is hereby deleted.
2. Section 2(a) of the Tow Service Agreement is amended to extend the term for an additional
five (5) years commencing on the effective date.
3. Section 10(c) of the Tow Service Agreement is amended to include Year 6 (July 1, 2016
through June 30, 2017) - $81.37/vehicle—a 3% increase from Year 5 (July 1, 2015 through June
30, 2016) rate at $79/vehicle; Year 7 (July 2017 through June 30, 2018)- $83.81/vehicle; Year 8
(July 1, 2018 through June 30, 2019) rate at $86.32/vehicle; Year 9 (July 1, 2019 through June
30, 2020) rate at $88.91/vehicle; and Year 10 (July 1, 2020 through June 30, 2021) rate at
$91.58/vehicle.
4. Effective Date. This Agreement shall take effect in the manner as provided in the City
Charter.
TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
BIG"Z"AUTO WORKS FOR TOWING SERVICES
Page 1 of 2
2016-73
Exhibit E
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND BIG "Z" AUTO WORKS FOR TOWING
SERVICES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
lv/Da ted: 2� 12016 VENDOR: Big Z Auto Works
By:
Its:
Dated kv 4 ' 2016 CITY OF SAN BERNARDINO
By: Aea 14�
Mark Scott, City Manager
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
By `
TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
BIG"Z"AUTO WORKS FOR TOWING SERVICES
Page 2 of 2
2016-73
Exhibit F
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND WILSON TOWING FOR TOWING
SERVICES
This Amendment Number Two (the "Second Amendment") is entered into this 4th day of April,
2016, BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY");
AND,
Wilson Towing, a towing provider, incorporated under the laws of the State of California
and having its principal place of business at 2310 E. 3Cd Street, San Bernardino,
California (the "VENDOR") (individually CITY or VENDOR may be referred to as a
"PARTY" and collectively CITY and VENDOR may be referred to as the "PARTIES").
WITNESSETH :
WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow
Service Agreement(the "Agreement") for involuntary tow service; and,
WHEREAS, CITY and VENDOR desire to amend the Agreement for Tow Service and
desire to amend their rights, duties, and liabilities in connection with their performance
thereunder; and,
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the PARTIES hereby agree as follows:
1. RECITALS. Section E is hereby deleted.
2. Section 2(a) of the Tow Service Agreement is amended to extend the term for an additional
five (5) years commencing on the effective date.
3. Section 10(c) of the Tow Service Agreement is amended to include Year 6 (July 1, 2016
through June 30, 2017) - $81.37/vehicle— a 3% increase from Year 5 (July 1, 2015 through June
30, 2016) rate at $79/vehicle; Year 7 (July 2017 through June 30, 2018)- $83.81/vehicle; Year 8
(July 1, 2018 through June 30, 2019) rate at $86.32/vehicle; Year 9 (July 1, 2019 through June
30, 2020) rate at $88.91/vehicle; and Year 10 (July 1, 2020 through June 30, 2021) rate at
$91.58/vehicle.
4. Effective Date. This Agreement shall take effect in the manner as provided in the City
Charter.
TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
WILSON TOWING FOR TOWING SERVICES
Page 1 of 2
2016-73
Exhibit F
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND WILSON TOWING FOR TOWING
SERVICES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: , 2016 VENDOR: Wilson Towing
By:
Its:
Dated �— , 2016 CITY OF SAN BERNARDINO
By: / a '4�
Mark Scott, City Manager
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
By: t7 C"S—��
TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
WILSON TOWING FOR TOWING SERVICES
Page 2 of 2