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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 $24,000 Per Month Total. August 15,2005 - Resolution 05-286 Established Standard Towing Criteria. December 19,2005 - Resolutions 05-434 through 05-439 Authorized Tow Service Agreements with Six Tow carriers. Recommended motion: Adopt Resolution. ~ Michael Billdt, Chief of Police Contact person: SIrt. Jarrod Burl!Uan Phone: 5738 Supporting data attached: Yes Ward: All FUNDING REQUIREMENTS: Amount: None Source: N/A Finance: Council Notes: ~$"" c:Q()/JR-.3~7 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 ~ 0 1 2 3 4 5 6 7 8 9 10 11 o 15 16 17 18 19 20 21 22 23 24 25 0 26 27 28 cc~~v 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 ~ 9. _'1.n;? < o o o 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 9 III 10 III 11 III 12 III 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III F:\SIMMONSlTowing\9-2-08TowingAgeodaltemlEstablishingTowCarrierFrancbiseFees.Res. wpd o 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 o o o 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 l~ EXHmIT"A" F:\SIMMONS\Towing\9.2~08TowingAgendaltem\Wi1son Towing.Amendment No.1 to Agreement.wpd c o o 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 o o 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,... () o EXHIBIT "C" F:\SrMMONS\Towing\9-2-DSTowingAgendaItem\Danny'sTowing.Amendment No.1 to Agreement.wpd o o o 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" F:\SIMMONSITowingI9-2-08TowingAgendaltemlCityTowing.Amendment No. I to Agroementwpd c o o 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 o o o 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 c o o 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 c o o 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/~ () F:\SIMMONSITowingl9-2-{)8TowingAgendaItemlBig Z.Amendment No. 110 Agreement.wpd c o o 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 c o o 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 c o o 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 o o o 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: