HomeMy WebLinkAbout05.N- Executon of Amendment No. 2 to Tow Service Agreements 5.N
RESOLUTION (ID # 4385) DOC ID: 4385 A
CITY OF SAN BERNARDINO— REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Jarrod Burguan M/CC Meeting Date: 04/04/2016
Prepared by: Raymond King, (909) 384-
5742
Dept: Police Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the Execution of Amendment No. 2 to the Tow Services Agreements with City Towing,
Hayes Towing, Danny's Towing, Tri-City Towing, Big "Z" Auto Works, and Wilson
Towing. (#4385)
Current Business Registration Certificate: Yes
Financial Impact:
Account Budgeted Amount: $408,000
Account No. 001-210-0000-4215
Account Description: Tow Franchise
Balance as of: 3/30/16 is $278,792
Balance after approval of this item: $408,000
Please note this balance does not indicate available funding. It does not include non-
encumbered reoccurring expenses or expenses incurred, but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
July 13, 1995 First Tow Service Agreement was approved by Council (Resolution
#1995-241) requiring a minimum storage capacity of 200 vehicles.
July 8, 1998 Resolution #1998-195 was approved by Council thereby repealing
the previous resolution. A population ratio was created permitting
one tow carrier to operate within the City per 40,000 residents.
May 20, 1999 Resolution #1999-86 set the franchise fee at $24,000 per month
total and is to be shared equally by the tow carriers. The
agreement required the Police Department to determine the
franchise fee annually.
August 15, 2005 Resolution #2005-286 established standard towing criteria. A
population ratio was created permitting one tow carrier to operate
within the City per 35,000 residents.
December 19, 2005 Resolution #2005-434 through #2005-439 authorized Tow Service
Agreements with six tow carriers.
Updated: 3/31/2016 by Jolena E. Grider A Packet Pg. 220
5.N
4385
September 8, 2008 Resolution #2008-347 set the franchise fee at $38,841 per month
total and amended Resolution #2005-286. The City's existing Tow
Service Agreement was amended to require the Police Department
to determine the franchise fee annually.
March 4, 2009 An impound yard concept was presented to the Ways & Means
Committee and staff was directed to return with a comprehensive
business plan.
July 22, 2009 A comprehensive business plan was presented to the Ways &
Means Committee.
August 5, 2009 The Ways & Means Committee recommended the item be
forwarded to the Common Council for consideration.
August 17, 2009 Motion to approve a Police Operated Impound Facility was
considered, but not approved by the Mayor and Common Council.
February 18, 2010 Resolution #2010-28 set the franchise fee at $31,689. 28 per month
total.
July 6, 2010 Common Council directed staff to update the business plan for FY
2010/2011.
August 16, 2010 Motion to approve a Police Operated Impound Facility was
considered, but tabled by the Mayor and Common Council. The
City Manager was directed to bring the item back at a later time.
January 10, 2011 Mayor and Common Council directed the City Manager to place an
agenda item on the Council meeting agenda for February 22, 2011,
either(1) establishing the revised franchise fee for Tow Services
Agreements for calendar year 2011, or(2) approving a revised form
of Tow Services Agreement.
February 22, 2011 Resolution #2011-34 set the franchise fee at $21,299 per month
total.
April 4, 2011 Resolution #2011-80 authorized the City Manager to execute Tow
Service Agreements with the six tow carriers (City Towing, Hayes
Towing, Danny's Towing, Tri-City Towing, Big "Z"Auto Works, and
Wilson Towing) who are currently participating in the program and
operating within the incorporated boundaries of the City of San
Bernardino. The term of this agreement is five (5) years.
April 18, 2011 Resolution #2011-91 amended Resolution #2005-286 regarding
towing regulations.
March 9, 2016 The Ways & Means Committee recommended amending
Resolution #2011-80 regarding the term and franchise fee, and
Updated: 3/31/2016 by Jolena E. Grider A Packet Pg.221
9 '
4385
reopening the evaluation process for tow applicants.
Background:
On April 4, 2011, Resolution #2011-80 authorized the City Manager to execute a Tow
Service Agreement with the six tow carriers (City Towing, Hayes Towing, Danny's
Towing, Tri-City Towing, Big "Z" Auto Works, and Wilson Towing) who are currently
participating in the program and operating within the incorporated boundaries of the City
of San Bernardino. The term of this agreement is five years and is due to expire on April
4, 2016. A month-to-month one-year extension of the agreement is reasonable and
gives the Police Department an opportunity to reevaluate the application process for
towing vendors and the total number of vendors authorized per city population.
The only changes to the existing Tow Service Agreement with the six authorized tow
carriers relates to the recital, term, and franchise fee. During the term of Amendment
Number Two of the Tow Service Agreement, the City will be permitted to pursue an
analysis of potentially operating an impound facility, in the future. The term of the
amended agreement will be month-to-month for one year from the date of execution
and can be terminated at any time following written notification. Each tow carrier will
continue to be charged the franchise fee for the specific number of tows that they had
as a result of the City's request. The tow carriers, during the term of the original
agreement, saw a 3% increase in the franchise fee each fiscal year. This current fiscal
year(Year 5) has a fee of$79. 00 per vehicle towed. The month-to-month one-year
extension of the agreement will see a 3% increase in the franchise fee for fiscal year
2016/2017 (Year 6). Effective July 1, 2016, the "per vehicle towed fee" will be $81. 37.
This agreement amendment will not impact the current fiscal year. The increase in the
franchise fee could net an additional $15,689 for fiscal year 2016/2017.
City Attorney Review:
Supporting Documents:
Resolution (DOC)
agrmt. 4385A (PDF)
agrmt. 4385B (PDF)
agrmt. 4385C (PDF)
agrmt. 4385D (PDF)
agrmt. 4385E (PDF)
agrmt. 4385F (PDF)
Updated: 3/31/2016 by Jolena E. Grider A Packet Pg.222
I RESOLUTION NO.
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
g 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 `6
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WHEREAS, implementation of the updated franchise fee and new Tow Services
11 Agreement requires an amendment to the current Tow Services Agreements. Resolution No. v
12 2005-286,which will continue to govern involuntary tows as amended; and E
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13 WHEREAS,the Tow Services Agreement has been reorganized for ease of N
14 understanding;the provisions of Resolution No. 2005-286 regarding franchise fees,
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assignment and term have been revised; and co
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WHEREAS, all six Tow Carriers have agreed in their respective Tow Carrier C
16 Agreements to such amendments, changes and modifications to Resolution No. 2005-286 as
17 contained in the Tow Services Agreements; and 0
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18 WHEREAS,this action is exempt from CEQA as it is the amendment of an existing
regulatory enactment. E
19
NOW,THEREFORE,IT IS HEREBY RESOLVED,DETERMINED AND w
20 ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN a
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
///
27
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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 meeting
6 thereof,held on the day of ,2016,by the following vote, to wit:
7
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ
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10 BARRIOS w
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11 VALDIVIA
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15 RICHARD 7T
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18 Georgeann Hanna,CMC,City Clerk
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2U The foregoing resolution is hereby approved this day of , 2016. a
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22 R. Carey Davis, Mayor
23 City of San Bernardino
24 Approved as to form:
Gary D. Saenz, City Attorney
25
26 By:
27
28
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u Exhibit A
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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 day of
,20 ,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 N
"PARTY" and collectively CITY and VENDOR may be referred to as the"PARTIES"). z°
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WITNESSETH : E
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WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow E
Service Agreement(the"Agreement")for involuntary tow service;and, a
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WHEREAS, CITY and VENDOR desire to amend the Agreement for Tow Service and L0
desire to amend their rights, duties, and liabilities in connection with their performance
thereunder;and,
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NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein,the PARTIES hereby agree as follows:
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1. RECITALS. Section E is hereby deleted.
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2. Section 2(a) of the Agreement is amended to a month-to month term for a period of one s
(1)year commencing on the Effective Date.
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3. Section 10(c) of the 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.
4. Effective Date. This Agreement shall take effect in the manner as provided in the City
Charter.
AMENDMENT NO.2TO TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND CITY TOWING FOR TOWING SERVICES
Page 1 of 2
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Exhibit A
AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND CITY TOWING FOR TOWING SERVICES
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
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Dated: ,2016 VENDOR: [Name of Vendor]
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Dated , 2016 CITY OF SAN BERNARDINO E
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AMENDMENT NO.2T0 TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN
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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 day of
320 ,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 N
"PARTY"and collectively CITY and VENDOR may be referred to as the"PARTIES"). z6
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WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow E
Service Agreement(the"Agreement")for involuntary tow service; and, a
WHEREAS, CITY and VENDOR desire to amend the Agreement for Tow Service and 0
desire to amend their rights, duties, and liabilities in connection with their performance
thereunder;and, m
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NOW, THEREFORE, for and in consideration of the mutual covenants and conditions M
contained herein,the PARTIES hereby agree as follows:
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1. RECITALS. Section E is hereby deleted. f4
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2. Section 2(a) of the Agreement is amended to a month-to month term for a period of one E
(1)year commencing on the Effective Date. Y
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3. Section 10(c) of the 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.
4. Effective Date. This Agreement shall take effect in the manner as provided in the City
Charter.
AMENDMENT NO.2 TO TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND HAYES TOWING FOR TOWING SERVICES
Page i of 2
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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: ,2016 VENDOR: [Name of Vendor]
By:
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Dated ,2016 CITY OF SAN BERNARDINO
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Mark Scott, City Manager a
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AMENDMENT NO.2 TO TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN
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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 day of
,20 ,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 N
Bernardino, California (the "VENDOR") (individually CITY or VENDOR may be Z
referred to as a"PARTY"and collectively CITY and VENDOR may be referred to as the
"PARTIES"). E
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WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow Cn
Service Agreement(the"Agreement")for involuntary tow service; and, LO
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WHEREAS, CITY and VENDOR desire to amend the Agreement for Tow Service and 7T
desire to amend their rights, duties, and liabilities in connection with their performance L
thereunder;and,
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
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contained herein,the PARTIES hereby agree as follows:
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1. RECITALS. Section E is hereby deleted. E
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2. Section 2(a) of the Agreement is amended to a month-to month term for a period of one a
(1)year commencing on the Effective Date.
3. Section 10(c) of the 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.
4. Effective Date. This Agreement shall take effect in the manner as provided in the City
Charter.
AMENDMENT NO.2 TO TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND DANNY'S TOWING FOR TOWING SERVICES
Page 1 of 2
Packet Pg.229
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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: [Name of Vendor]
By:
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Dated , 2016 CITY OF SAN BERNARDINO E
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Mark Scott,City Manager
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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 day of
20 ,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 9
Bernardino, California (the "VENDOR") (individually CITY or VENDOR may be C
referred to as a"PARTY"and collectively CITY and VENDOR may be referred to as the c
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WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow F
Service Agreement(the"Agreement")for involuntary tow service; and,
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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
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NOW, THEREFORE, for and in consideration of the mutual covenants and conditions E
contained herein,the PARTIES hereby agree as follows:
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1. RECITALS. Section E is hereby deleted. £
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2. Section 2(a) of the Agreement is amended to a month-to month term for a period of one a
(1)year commencing on the Effective Date.
3. Section 10(c) of the 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.
4. Effective Date. This Agreement shall take effect in the manner as provided in the City
Charter.
AMENDMENT NO.2 TO TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND TRI-CITY TOWING FOR TOWING SERVICES
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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: 12016 VENDOR: [Name of Vendor]
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Dated ,2016 CITY OF SAN BERNARDINO E
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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 day of
,20 ,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, N
California (the "VENDOR") (individually CITY or VENDOR may be referred to as a Z
"PARTY"and collectively CITY and VENDOR may be referred to as the"PARTIES"). c
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WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow a
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Service Agreement(the"Agreement")for involuntary tow service;and,
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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
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NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein,the PARTIES hereby agree as follows: a�
1. RECITALS. Section E is hereby deleted.
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2. Section 2(a) of the Agreement is amended to a month-to month term for a period of one
(1)year commencing on the Effective Date. Q
3. Section 10(c) of the 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.
4. Effective Date. This Agreement shall take effect in the manner as provided in the City
Charter.
AMENDMENT NO.2 TO TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND BIG"Z"AUTO WORKS FOR TOWING SERVICES
Page l of 2
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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.
Dated: ,2016 VENDOR: [Name of Vendor]
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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 day of
I ,20 , 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. 3rd Street, San Bernardino, N
California (the "VENDOR") (individually CITY or VENDOR may be referred to as a Z
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WHEREAS, the CITY and VENDOR entered into that certain Agreement titled Tow a
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desire to amend their rights, duties, and liabilities in connection with their performance
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contained herein,the PARTIES hereby agree as follows:
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1. RECITALS. Section E is hereby deleted.
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2. Section 2(a) of the Agreement is amended to a month-to month term for a period of one
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3. Section 10(c) of the 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.
4. Effective Date. This Agreement shall take effect in the manner as provided in the City
Charter.
AMENDMENT NO.2 TO TOW SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND WILSON TOWING FOR TOWING SERVICES
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Exhibit F
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AMENDMENT NUMBER TWO TO THE TOW SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND WILSON TOWING FOR TOWING
SERVICES
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and date set forth below.
Dated: 12016 VENDOR: [Name of Vendor]
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Dated ,2016 CITY OF SAN BERNARDINO E
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Mark Scott,City Manager
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APPROVED AS TO FORM:
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