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HomeMy WebLinkAboutCC RESO 15,938• RESOLUTION NO. 15,938 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING TOWING SERVICES CONTRACTS TO A TO Z TOWING SERVICE AND TO TOM MOYNAHAN TOWING, AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACTS WHEREAS, the Purchasing Agent of the City of National City did in open session on April 4, 1989, publicly open, examine, and declare all sealed proposals or bids to provide towing services to the Police Department of the City of National City; and WHEREAS, the Chief of Police has analyzed the bid materials submitted, and considered the financial condition, experience, stability, personnel, equipment, communications capabilities, and facilities of the bidders, and has made a determination as to the two bidders capable of providing the best. towing service to the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City hereby awards contracts to provide towing services to the National City Police Department to the following contractors: A TO Z TOWING SERVICE TOM MOYNAHAN TOWING BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute on behalf of the City a towing services contract with A to Z Towing Services, and a towing services contract with Tom Moynahan Towing. PASSED and ADOPTED this 11th day of April, 1989. uEORGE H WATERS, MAYOR ATT T: L ANNE PEOPLES, ITY CLERK APPROVFD AS TO QRM: GEORGE H. EISER, III -CITY ATTORNEY AGREEMENT FOR TOWING SERVICES This agreement is made and entered into in the City of National City, State of California, this 17th day of April 1989, by and between the City of National City, hereafterhreferted to as "CITY", and 140 FN rER PRtsesd LNG r referred to as "CONTRACTOR". RECITALS 1. The Police Department of the City of National City finds it necessary from time to time to remove vehicles from various locations in the City because they are illegally parked, apparently abandoned, involved in accidents, or obstructing traffic because of mechanical failure, by utilizing the services of private towing contractors. 2. The City has adopted policies for the selection and designation of two private towing contractors to provide said services, which policies provide for prospective towing contractors to participate in a competitive bidding process. 3. CONTRACTOR has participated in said bidding process, and together with another towing contractor, has been found to have the best qualifications and to be capable of providing the highest and best towing service for the City. 4. CITY desires to have CONTRACTOR perform non-exclusive towing services within the City, and CONTRACTOR agrees to perform said services, in accordance with all terms and conditions set forth herein. Now, Therefore, the parties hereto agree as follows: 1. MINIMUM EQUIPMENT STANDARDS. During the term of this Agreement, CONTRACTOR shall meet the following minimum equipment standards: A. Tow Car: At least three rigs of one -ton capacity with rear dual wheels. The Police Officer on the scene shall determine if greater capacity is needed and shall call upon any service capable of providing that capacity regardless of whether or not said company is under contract with CITY or whether it is their period of time to receive police requests. -1- II. B. Comany pany name, adres, andpphone anumber me: 0 shall be placOR'S med on both sidessof all tow cars. C. Lights: Tow cars must, at all times, be equipped with such headlights, tail lights, red reflectors, stop lights, warning lights, etc. as required by California law, plus one white utility light (adjustable or portable); and may be equipped with such other lights as CONTRACTOR may desire which are not forbidden by law. D. Winch: To be power -driven by power take -off from transmission equipped with safety dogs or equivalent braking devices. E. Booms: Adjustable twin booms with at least 4-ton capacity. F. Cables: At least one tow car to be equipped with 300 feet of not less than 3/8 inch cable, free from partial breaks or knots. G. Additional Equipment: Tow cars must be equipped with red flares, lanterns or reflectors, hand tools, crowbar, rope, broom, shovel, dustpan, fire extinguisher (dry chemical type), a sufficient amount of a recognized industrial absorbent material to be placed on fuel and oil spills of less than twenty gallons per vehicle or 100 square feet of area when towing vehicles have been involved in a collision, a bucket of sand, portable red tail light and stop light for towed vehicles, equipment for opening locked vehicles and safety snubber chain. CONTRACTOR shall have at least one set of dollies readily available at all times. A. Attendants: Attendants and operators must display a reasonable knowledge of their work. In the event a driver or the equipment is inadequate and CONTRACTOR is unable to service the request, a charge for service or labor will not be permitted. MINIMUM BUSINESS AND STORAGE LOT REQUIREMENTS. During the term of this Agreement, CONTRACTOR shall meet the following business and storage lot requirements: -2- A. Business and Storage: The business and storage lot must be a reasonable distance from public transportation, and must have adequate storage space (at least 50' x 100' or equivalent area) to accommodate thirty cars, either under cover or well fenced. Stored vehicles shall be within a protected area within the storage yard and contents must be kept safe from pilfering. Storage yard shall have a minimum six foot high fence and be lighted to the rate of one foot (1') candle power per square foot of storage space. Storage lots located within ith the City of National City must also comply City's zoning regulations establishing standards for storage lots. B. Hours: There shall be an attendant on call, capable of responding to police requests for towing 24 hours a day, 7 days a week, as well as being present or available for the release of vehicles to the public. An additional fee may be charged for releases to vehicle owners after normal business hours (M-F 8:00 AM to 5:00 PM exempting holidays). The fee shall be set by CONTRACTOR and agreed upon by CITY. C. Insurance: CONTRACTOR shall procure and maintain Worker's Compensation Insurance in accordance with the laws of the State of California. CONTRACTOR shall be insured by an insurance carrier acceptable to CITY against loss from fire, theft, public liability, property damage, automobile liability and garage keepers legal liability. Evidence of same shall be received and approved by CITY prior to execution of the agreement for towing services. Minimum limits for general and automobile coverage liability shall be One Million Dollars ($1,000,000) Combined Single Limit. All insurance policies shall name the City of National City, its officers, agents, employees and volunteers as additional insureds, and shall constitute primary insurance as to CITY, its officers, agents, employees and volunteers so that any other policies held by CITY shall not contribute to any loss under said insurance. The insurance policies required by this section shall contain a rider providing that in the -3- event of cancellation of the insurance policy for any reason whatsoever, CONTRACTOR and CITY shall be notified by registered mail not less than thirty (30) calendar days prior to such cancellation. 1. CITY is to be held harmless regarding payment of or litigation arising out of any deductible amounts in relation to the insurance coverage afforded by CONTRACTOR. 2. If the required insurance coverage is provided on the "claims made" rather than "occurrence" form, CONTRACTOR shall maintain such insurance coverage for three years extension expiration this of of the term (and any Agreement. 3. If CONTRACTOR does not keep the insurance policy in full force and effect at all times during the term of this Agreement, CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement. 4. If this Agreement for towing services is extended beyond its original term, insurance provisions may be updated at the option of CITY. D. Records: CONTRACTOR shall keep a record of each towed vehicle and its license number; date and time it was towed and location from which it was towed; name of officer ordering the towing and whether the vehicle was impounded or towed at the owner's request. 1. Notice of Stored Vehicles: CONTRACTOR shall notify the Police Department in writing within ten (10) days of the impound date in the event CONTRACTOR has not received the Notice of Stored Vehicle report. Failure to have the Notice of Stored Vehicle report or a written notice concerning failure to receive paid result in CONTRACTOR not being by pITt for towing, storage and other costs. -4- CONTRACTOR shall retain its copy of the Notice of Stored Vehicle reportwith its invoice, the date of CITY which is held for one(1) year shall ofe the original impound.days be responsible for if the notification process is storage only not adhered to. III, COMPLIANCE WITH STATE LAW thAND WITHe term CITYof ORDINhisANCES AND, REGULATIONS. During ent CONTRACTOR shall meet the following requirements: A. CONTRACTOR must have a valid City business license to operate a tow business. B. Business and storage lots located with ordinances, the City limits must conform to all City including zoning and building ordinances, and have approval of the Planning Department. C. During the term of this s Agreement, all provisions ONofACSOtate law at all times comply and with all City ordinances and regulations. DISPATCHING REQUIREMENTS. During the term of this IV. with the following Agreement, CONTRACTOR shall comply dispatching requirements: and the val of A. All trafficuhazards r hall gbeemade e through the oPolice Department. 1. Response Time: CONTRACTOR shall respond to aaall police initiated calls by rom the scene within thirty (30) minutes moment the dispatch message is complete. 2. Penalty: If the response time exceeds thirty (30) minutes in more than five lper ent r month, of f all responses during any penalty oeaca twenty five dollar ($25) P incident in which the response time exceeds thirty (30) minutes will be assessed. Any conflicts resulting from penalties shall be resolved by the Chief of Police. -5- V. B. Tow cars shall be dispatched from CONTRACTOR'S place of business or of business, as determined by the Police Department. OTHER RULES OF OPERATION. During the termhefo of this s Agreement, CONTRACTOR shall comply with rules of operation: A. Removing Hazards: After being dispatched by the Police Department to the scene, CONTRACTOR'S t rw car operator shall cooperate with police in removing vehicles and impounding vehicles as requested. It is the duty of police officers to determine when a vehicle should be impounded or moved and the tow car operator shall abide by their decisions. 1. Tow car operators are responsible left cleaning aning up and carrying away any debris vehicle, i.e., broken glass, vehicle parts, etc. B. Tow Car Markings: CONTRACTOR shall comply with Section 27907 of the Vehicle Code of the State of California regarding signs on tow cars. Only tow cars bearing the name of the company called shall be dispatched to the scene of need. C. Disputes: Whenever there arises a dispute over a claim or a bill of any nature and same cannot be satisfactorily adjusted by the parties involved, the Chief of Police or his authoritY to settlelany teand d gall clams haveent shall fullor disagreements. D. Ethics and Conduct: CONTRACTOR and its employees shall conduct their business in an orderly, ethical, business -like manner and use every means to obtain and keep the confidence of the motoring pob CONTRACTOR and its employees shall conduct their business in accordance with all applicable City, State, and Federal laws and regulations. E. Protection of Vehicles: Vehicles impounded by the police for special investigations, i.e. evidence in -6- a criminal offense, shall be held in a secure, enclosed area lbyreheeough to investigatingetwo officerhorles, his until cleared by designee. police hold" Neither vehicles be retouched, or their contents removedwith ashallor disturbed in any manner. F. Responsibility: CONTRACTOR, while participating in towing assignments by the Police Department, shall be responsible for the acts of its employees while on duty. CONTRACTOR shall be responsible for damage to vehicles while in its possession. G. Supervision Checks and Inspections: Records, equipment, and storage facilities of CONTRACTORePwill ill be subject to periodic checks by Department. H. Damage Appraisals: All vehicles stored orimpounded as a result of a tow ordered by the oli Department, shall be made available to the owner of the vehicle or his representative, anyinor ae shop agent, insurance adjuster, or any bodyrorscar dealer, for the purpose of estimating or app damages, except vehicles with a police "hold". I. Access to Vehicles: Vehicles to be appraised shall be tment personnel. An employeesoflCONTRACTOR may e to Police be require d to assist. J. Administrative Fee: In cases involving the towing of a vehicle that has been assessed an administrative fee by the Police Department, said vehicle shall not be released until the payment of the fee and authorization by the Police Department for release of vehicle is presented. K. Hold Harmless: CONTRACTOR does hereby agree to indemnify, defend and save harmless the City of National City, its officers, agents, employees, and volunteers from any and all liability, ,closs, claims, damages or injuries to any person, jury to CONTRACTOR'S employees, and all expenses of invefromorwith performance of or failurel ating and defending against same ng fto -7- VI. perform the work or other obligations of this Agreement, or caused or claimed to bet caused sed by the e independent acts of CONTRACTOR, employees, or the concurrent acts of CONTRACTOR, CITY or their officers, agents or employees, or volunteers. CHARGES: CONTRACTOR shall base its charge for towing according to the rate schedule attached hereto as Exhibit "A". CITY and CONTRACTOR may review and revise the fee e schedule during July and January of each year requested by CONTRACTOR, and the fee schedule shall be reviewed and revised at least once every two (2) years. The fee schedule shall be available to any interested citizen upon request. CONTRACTOR shall receive no compensation or other form of consideration from CITY for providing towing services under this Agreement. VII. PROCEDURE FOR REQUESTING TOWING SERVICES: In ntrequesting CONTRACTOR to provide towing requests Department shall endeavor to divide towing re q equally between CONTRACTOR and the other towing contractor utilized by CITY. e d to equ ment VIII . standardsl sett forth F AGREEMENT: NSectionhIr (G)r herein the the Chief of Police or his designated agent shall have the authoritto unilaterally modify the requirements of Agreement upon 30 days' written notice to CONTRACTOR.is OF AGREEMENT: This Agreement shall be for a period IX. TERM ofthree ears commencing from the date first above w(3) yrittteen. The Chief of Police shall have the beyondethe toity extend the term to The Chief ofearsPolice has the initial itial three (3) year terinto sole discretion to extend this of taking CONTRACTOR consideration the overall performance during the initial three (3) year term. -8- X. TERMINATION: Any deviation from the terms of CITY,this Agreement, or from towing policies established by or failure to provide reasonable, quick and efficient service may result in the termination of this Agreement by CITY's City Council upon recommendation of the Chief of Police. CITY OF NATIONAL CITY Y George H. aters, Mayor CONTRACTOR By -9- EXHIBIT A RATES Vehicles under 9500 gross vehicle weight (unloaded) $ 50.00 7.50 Unlocked or drop linkage 26.50 Dollies Labor at the scene per quarter hour 12.50 Standby time at the scene per quarter hour 12.50 20.00 Dry run 40.00 Police Department Equipment Tow Mileage after five miles per mile 2.50 Vehicles up to 22,000 gross vehicle weight unloaded 75,00 1 1/2 rate — per hour Vehicles over 22,000 gross vehicle weight per hour 100.00 25.00 After hours release 2.00 Storage per hour 10.00 Maximum storage per day Maximum initial notification of lien sale 25,00 under $1,000 lien process Maximum completed lien documents of 50.00 under $1,000 lien process Maximum over $1,000 lien process 50.00 P.1 APR 19 '89 15:30 SCIF SRN DIEGO STATE COMPENSATION INSURANCE CERTIFICATE OF WORKERS' COMPENSATION INSURANCE R:407-89 UNIT POLICY APRIL 19t 1989 CERTIFICATE EXPIRES: 4_1_90 P.O. BOX 807, SAN FRANCISCO, CA 94101-0807 CITY OF NATIONAL CITY ATTN: BUILDING INSPECTION 1243 NATIONAL AVENUE NATIONAL CITY CA, 92050 JOB: ALL OPERATIONS 0000088 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California L er named below for the policy period indicated, Insurance Commissioner to the empto Y This policy is not subject to cancellation by the Fund except uponlie days' advance written notice to the employer. 30 We will alio give you X� days' advance notice should this policy be'cancelled prior to its normal expiration, by This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded policies be issued or may pertain, the insurance afforded by policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect d which this certificate of insurance may i���V LL described herein is subject to all the terms, exclusions and condit;ons of such policies. X. 1 s,�-1` PRESIDENT ENDORSEMENT CERT/FICATE IAHOLDERS' NOTICE �pgECT1VE Q4/lgjs9 ISATTACHTOAND FORMSAPARTOFTHISPOLICY EMPLOYER r A TO Z TOWING 123 35TH STREET SAN DIEGO CA 92102 L PLD 262A PAGE.01 APR 19 ' 25 1 E : 05 F . A . BOMKA Of PRODU CERTIFICATE OF INSURANCE N0 RIOOPI $ UPON THE ISSUED lRCATE HOLDER. THIS CERTIFICATE DOES NNLY OT ACOMEND, EXTEND °R111LTER THE COVIRAU AFPOROED SY TNS POLICIES SILOW. F.A. Baulks' Insurance Agency 13737 ARtesia Blvd '205 Cerritos Ca 90701 213-926-1022 INSURED A to Z Enterprises, Inc. DBA: A to 2 Towing & Lemon Grave Towing 123-35th Street San Diego Ca 92102 ISSUE DATE (MMIDD/YY) 4-19-89 COMPANIES AFFORDING COVERAGE LETTER COMPANY A RANGER INSURANCE COMPANY COMPANY S LETTER COMPANY ca LETTER LETTER COMPANY D COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, BE ISSUED OR MAY PERTAIN TIHE INSURANCE AFFORDED BY THE POLICIESDITION OF ANY DESCRIBED HEREIN SUBJECT TORACT OR OTHER DOCUMENT WITH RALLPTHE TERMS, EXCLUSIONS, AND CONDI• T10N8 OF SUCH POLICIES. POLICY fFFECTNF POLICY FWDONON ALL LIMITS IN THOUSANDS TYPE OF INSURANCE POLICY NUMBER LATE (NBNDDM1'YI GATE (MMA7OrYYl • � GENERAL AGGREGATE T GENERAL LIABILITYPRODUCTSCCMPIOPS AGGIOCA1F ■ COMMERCIAL GENERAL LABILITY pFRgCNAI a ADVERT SING iN uRY ��iAAIMS MAErc' �BGGUR%Na EACH OCCURRENCE__ _ - C,VNER'$ & CDNTRACTORO PNOTECTPIE FIRE DAMAGE tANY ONE FIRE! MtDICAI txPEN.Sf ANY ONF r'ERSON, CO LTR AUTOMOBILE LIABILITY ANY AUTO ALL OV NEC AU1DS SCHEDULED AUTOS MIRED AUTOS A NON OWNED AUTOS GARAGE tIABIUri EXCISE', LIABILITY O1HLR THAN UMBRELLA I•ORM WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY SBA334931 11-15-88 OTHER 0n Hook Cargo SBA334931 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES !RESTRICTIONS / SPECIAL ITEMS 8-1-89 11-15-88 8-1-89 Towing and/or garage operations CERTIFICATE HQL0ER ADDITIONAL INSURED City of National City 2100 Hoover Ave National City Ca 92050 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRETEN NOTICE TO THE CERTIFICATE tiOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES CSL $ 1,000, BODILY ,PERPERSONI $ RIMY YROPERTY DAMAGE $ $ STATUTORY $ $ $ $50,000 $100,000 UNITS 8,9,17,24 $10,000 $ AGGREGATE 'ar F'.e':,stliJ'r (EAE1 ACCIDENH (DISEASE POLICY LIMA! ;OISFASC EACH EMPLOYEE) AUThORIZECj (tEPRESENTATIV h. d /3nr T I -10 AGREEMENT FOR TOWING SERVICES This agreement is made and entered into in the City of National City, State of California, this 17th day of April 1989, by and between the City of National City, hereafterhreferred to as "CITY", and Movnahan's Towing , r referred to as "CONTRACTOR". RECITALS 1. The Police Department of the City of National City finds it necessary from time to time to remove vehicles from various locations in the City because they are illegally parked, apparently abandoned, involved in accidents, or obstructing traffic because of mechanical failure, by utilizing the services of private towing contractors. 2. The City has adopted policies for the selection and designation of two private towing contractors to provide said services, which policies provide for prospective towing contractors to participate in a competitive bidding process. 3. CONTRACTOR has participated in said bidding process, and together with another towing contractor, has been found to have the best qualifications and to be capable of providing the highest and best towing service for the City. 4. CITY desires to have CONTRACTOR perform non-exclusive towing services within the City, and CONTRACTOR agrees to perform said services, in accordance with all terms and conditions set forth herein. Now, Therefore, the parties hereto agree as follows: 1. MINIMUM EQUIPMENT STANDARDS. During the term of this Agreement, CONTRACTOR shall meet the following minimum equipment standards: A. Tow Car: At least three rigs of one -ton capacity with rear dual wheels. The Police Officer on the scene shall determine if greater capacity is needed and shall call upon any service capable of providing that capacity regardless of whether or not said company is under contract with CITY or whether it is their period of time to receive police requests. -1- II. B. andphonenumberCONTRACTOR'S be placed on both sany name, idesof all tow cars. C. Lights: Tow cars must, at all times, be equipped with such headlights, tail lights, red reflectors, stop lights, warning lights, etc. as required by California law, plus one white utility light (adjustable or portable); and may be equipped with such other lights as CONTRACTOR may desire which are not forbidden by law. D. Winch: To be power -driven by power take -off from transmission equipped with safety dogs or equivalent braking devices. E. Booms: Adjustable twin booms with at least 4-ton capacity. F. Cables: feet ofnot lessnthane w3/8 inch cablecar to be L,lequipped 300free from partial breaks or knots. G. Additional Equipment: Tow cars must be equipped with red flares, lanterns or reflectors, hand tools, crowbar, rope, broom, shovel, dustpan, fire extinguisher (dry chemical type), a sufficient amount of a recognized industrial absorbent material to be placed on fuel and oil spills of less than twenty gallons per vehicle or 100 square feet of area when towing vehicles have been involved in a collision, a bucket of sand, portable red tail light and stop light for towed vehicles, equipment for opening locked vehicles and safety snubber chain. CONTRACTOR shall have at least one set of dollies readily available at all times. H. Attendants: Attendants and operators must display a reasonable knowledge of their work. In the event a driver or the equipment is inadequate and CONTRACTOR is unable to service the request, a charge for service or labor will not be permitted. MINIMUM BUSINESS AND STORAGE LOT REQUIREMENTS. During the term of this Agreement, CONTRACTOR shall meet the following business and storage lot requirements: -2- A. Business and Storage: The business and storage lot must be a reasonable distance from public transportation, and must have adequate storage space (at least 50' x 100' or equivalent area) to accommodate thirty cars, either under cover or well fenced. Stored vehicles shall be within a protected area within the storage yard and contents must be kept safe from pilfering. Storage yard shall have a minimum six foot high fence and be lighted to the rate of one foot (1') candle power per square foot of storage space. Storage lots located within City of National City must also comply with the City's zoning regulations establishing standards for storage lots. B. Hours: There shall be an attendant on call, capable of responding to police requests for towing 24 hours a day, 7 days a week, as well as being present or available for the release of vehicles to the public. An additional fee may be charged for releases to vehicle owners after normal business hours fee Fs8:00 AM to 5:00 PM exempting holidays). l be set by CONTRACTOR and agreed upon by CITY. C. Insurance: CONTRACTOR shall procure and maintain Worker's Compensation Insurance in accordance with the laws of the State of California. CONTRACTOR shall be insured by an insurance carrier acceptablea to CITY against loss from fire, theft, public liability, property damage, automobile liability and garage keepers legal liability. Ev CITY eriorame shall be received and approved by p execution of the agreement for towing services. Minimum limits for general and automobile coverage liability shall be One Million Dollars ($1,000,000) Combined Single Limit. All insurance policies shall name the City of National City, its officers, agents, employees and volunteers as additional insureds, and shall constitute primary insurance as to CITY, its officers, agents, employees and volunteers so that any other policies held by CITY shall not contribute to any loss under said insurance. The insurance policies required by this section shall contain a rider providing that in the -3- event of cancellation of the insurance policy for any reason whatsoever, CONTRACTOR and CITY shall be noti(30)fied by registered calendar days prior mthirtyail not less than to such cancellation. 1. CITY is to be held harmless regarding payment of or litigation arising out of any deductible amounts in relation to the insurance coverage afforded by CONTRACTOR. 2. If the required insurance coverage is provided on the "claims made" rather than "occurrence" form, CONTRACTOR shall maintain such insurance coverage for three years piratio thisof the term (and any extensions) Agreement. 3. If CONTRACTOR does not keep the insurance policy in full force and effect at all times during the term of this Agreement, CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement. 4. If this Agreement for towing services is extended beyond its original term, insurance provisions may be updated at the option of CITY. D. Records: CONTRACTOR shall keep a record of each towed vehicle and its license number; date and time it was towed and location from which it was towed; name of officer ordering the towing and whether the vehicle was impounded or towed at the owner's request. 1. Notice of Stored Vehicles: CONTRACTOR shall notify the Police Department in writing within ten (10) days of the impound date in the event CONTRACTOR has not received the Notice of Stored Vehicle report. Failure to have the Notice of Stored Vehicle report or a written notice concerning failure to receive a report may result in CONTRACTOR not being paid by CITY for towing, storage and other costs. -4- CONTRACTOR shall retain its copy of the Notice of Stored Vehicle report i h its invoice, ate e, which is held for one(1) year of CITY shall be the original impound. responsible for the first ten (10) days of storage only if the notification process is not adhered to. III, COMPLIANCE WITH STATE LAW AND WITH CITY ORDINANCES AND REGULATIONS. During the term of this Agreement, CONTRACTOR shall meet the following requirements: A. CONTRACTOR must have a valid City business license to operate a tow business. B. Business and storage lots located within the ncesCity limits must conform to all City including zoning and building ordinances, and have approval of the Planning Department. C. During the term of this Agreement, provisionCONTRACTOR shaall at all times comply and with all City ordinances and regulations. DISPATCHING REQUIREMENTS. During the term of this IV. with the following Agreement, CONTRACTOR shall comply dispatching requirements: and the val of A. All traffic uhazards ests r shall 9beemade e through the oPolice Department. 1. Response Time: CONTRACTOR shall respond to all police initiated calls by arriving in at the scene within thirty (30) minutes from the moment the dispatch message is complete. 2. Penalty: If the response time exceeds thir5%)ty (30) minutes in more than five percent all responses during any calendar month, a twenty five dollar ($25) penalty for each incident in which the response time exceeds thirty (30) minutes will be assessed. Any conflicts resulting from penalties shall be resolved by the Chief of Police. -5- V. B. Tow cars shall be dispatched from CONTRACTOR'S place of business or of business, as determined by the Police Department. OTHER RULES OF OPERATION. During the term fo of this s Agreement, CONTRACTOR shall comply with the rules of operation: A. Removing Hazards: After being dispatched by the Police Department to the scene, CONTRACTOR'S tow car operator shall cooperate with police officers in removing vehicles and impounding vehicles as requested. It is the duty of police officers to determine when a vehicle should be impounded or moved and the tow car operator shall abide by their decisions. 1. Tow car operators are responsible for cleaning up and carrying away any debris left by towed vehicle, i.e., broken glass, vehicle parts, etc. B. Tow Car Markings: CONTRACTOR shall comply with Section 27907 of the Vehicle Code of the State of California regarding signs on tow cars. Only tow cars bearing the name of the company called shall be dispatched to the scene of need. C. Disputes: Whenever there arises a dispute over a claim or a bill of any nature and same cannot be satisfactorily adjusted by the parties involved, the ed Chief of Police or his authority to settle and gall shallent have fullt or disagreements. D. Ethics and Conduct: CONTRACTOR and its employees shall conduct their business in an orderly, ethical, business -like manner and use every means to obtai ain and keep the confidence of the motoring pob CONTRACTOR and its employees shall conduct their business in accordance with all applicable City, State, and Federal laws and regulations. E. Protection of Vehicles: Vehicles impounded by the police for special investigations, i.e. evidence in -6- a criminal offense, shall be held in a secure, enclosed area large enough to store two vehicles, until cleared by the investigating officer or his designee.es ontents police hold" Neither shall nor be touched, cremoved with aor disturbed in any manner. F. Responsibility: CONTRACTOR, while participating in towing assignments by the Police Department, shall be responsible for the acts of its employees while on duty. CONTRACTOR shall be responsible for damage to vehicles while in its possession. G. Supervision Checks and Inspections: Records, equipment, and storage facilities of CONTRACTOR will be subject to periodic checks by the Police Department. H. Damage Appraisals: All vehicles stored or impounded as a result of a tow ordered by the Police Department, shall be made available to the owner of the vehicle or his representative, any insurance agent, insurance adjuster, or any body shop or car dealer, for the purpose of estimating or appraising damages, except vehicles with a police "hold". I. Access to Vehicles: Vehicles to be appraised shall be accessible to Police Department personnel. An employee of CONTRACTOR may be required to assist. J. Administrative Fee: In cases involving the towing of a vehicle that has been assessed an administrative fee by the Police Department, said vehicle shall not be released until the payment of the fee and authorization by the Police Department for release of vehicle is presented. K. Hold Harmless: CONTRACTOR does hereby agree to indemnify, defend and save harmless the City of National City, its officers, agents, employees, and volunteers from any and all liability, loss, claims, damages or injuries to any person, including injury to CONTRACTOR'S employees, and all expenses of invefrom sorgconnect d witharisingating and defending against same performance of or failure to -7- perform the work or other obligations of this Agreement, or caused or claimed to be caused by the independent acts of CONTRACTOR, its agents or employees, or the concurrent acts of CONTRACTOR, CITY or their officers, agents or employees, or volunteers. VI. CHARGES: CONTRACTOR shall base its charge for towing according to the rate schedule attached hereto as Exhibit "A". CITY and CONTRACTOR may review and revise the fee schedule during July and January of each year if requested by -CONTRACTOR, and the fee schedule shall be reviewed and revised at least once every two (2) years. The fee schedule shall be available to any interested citizen upon request. CONTRACTOR shall receive no compensation or other form of consideration er this Agreement. CITY for providing towing VII. PROCEDURE FOR REQUESTING TOWING SERVICES: In ntrequesting CONTRACTOR to provide towing regoeste Department between CONTRACTORshall endeavor o and divide to theother towing equally contractor utilized by CITY. VIII. MODIFICATION OF AGREEMENT: With regard to t a the set forth in Section I (G) of Police or his designated agent shall have the authority to unilaterally modify the requirements of this Agreement upon 30 days' written notice to CONTRACTOR. IX. fRM OF (3) years commenc commencing from the date period for firstabove ofwritten.- three te(T Y written. The Chief of Police shall have -the beyondrthe to extendil the teyfor term to two The Chief of Police has the threeinitial-(3) yearinto sole discretion to extend thisforman menofCONTRACTOR taking into consideration the overall pear term. during the initial three (3) Y -8- X. TERMINATION: Any deviation from the terms of this Agreement, or from towing policies established by CITY, or failure to provide reasonable, quick and efficient service may result in the termination of this Agreement by CITY's City Council upon recommendation of the Chief of Police. CITY OF NATIONAL CITY By George H. aters, Mayor CONTRACTOR By -9- EXHIBIT A RATES Vehicles under 9500 gross vehicle weight (unloaded) $50.00 7.50 Unlocked or drop linkage 26.50 Dollies Labor at the scene per quarter hour 12.50 Standby time at the scene per quarter hour 12.50 20.00 Dry run Police Department Equipment Tow 40.00 2.50 Mileage after five miles - per mile Vehicles up to 22,000 gross vehicle weight unloaded 1 1/2 rate - per hour Vehicles over 22,000 gross vehicle weight per hour After hours release Storage per hour Maximum storage per day Maximum initial notification of lien sale under $1,000 lien process Maximum completed lien documents of under $1,000 lien process Maximum over $1,000 lien process 75.00 100.00 25.00 2.00 10.00 25.00 50.00 50.00 qC P. ODUCER J. Saucier Robert Driver Co., Inc. P. 0. Box 670 San Diego, CA 92112 (619)238-1828 INSURED Thomas Yloynahau, Sr. & Thomas Moynahan, Jr. DBA: Moynahan's 3200 National Avenue National City, CA 92050 ISSUE DATE (MM. DD/YY) 4-12-89md THIS CERTIFICATE IS ONLY AND CONFERS ATION NO RIGHTS UPON THE CERTIFICATE CATE HOLDER. THIS C� AS A MATTER OF INFCMTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY T E POLICIES BELOW. COMPANIES AFFORDING OVERAGE OVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FO NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT T BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE T TIONS OF SUCH POLICIES. NCO fTTLTR TYPE OF INSURANCE GENERAL LIABILITY COMPREHENSIVE FORM PREMISES/OPERATIONS UNDERGROUND EXPLOSION & COLLAPSE HAZARD PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS (PRIV. PASS.) ALL OWNED AUTOS OTHER PATHANSS. ) PRIV. / HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY Srhehi1PA AutnR EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY POLICY NUMBER XNO(90)129960 WCW (90) 3083302 POLICY DATE (MM/DD EFFECTIlYY) 4-16-89 POLICY EXPIRATION DATE (MMNOIYYI 4-16-90 02-13-90 THE POLICY PERIOD INDICATED. WHICH THIS CERTIFICATE MAY RMS, EXCLUSIONS, AND CONDI- LIABILITY LIMITS IN THOUSANDS AGGREGATE DILY URY P OPERTY D MAGE PERSONAL INJURY ROPERTY DAMAGE I&PD OMBINED BI & PD COMBINED STATUTORY $ 1 ! OUEACH ACCIDENT) �I-PO I Y I IT) DISEASE. EACH EMPLOYEE) DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS 1 with city resolution.589 National City is named as an "Additional Insured". All to comply City of National City 1243 National City Blvd. National City, CA 92050 AUTHORIZE SHOULD ANY OF THE ABOVE DESCRIBED PO PIRATION DATE THEREOF, THE ISSUIN MAIL 30 DAYS WRITTEN NOTICE TO T LEFT, BUT FA RE OT MAIL SUCH NY, NOTICE OF ANY K PON SENT IVE CIES BE CANCELLED BEFORE THE EX - COMPANY WILL 1141 ERTIFICATE HOLDER NAMED TO THE L IMPOSE NO OBLIGATION OR LIABILITY TS OR REPRESENTATIVES.